3 FAM 4180
MEMBERS OF HOUSEHOLD (MOHS)
(CT:PER-928; 10-05-2018)
(Office of Origin: HR/ER/WLD)
3 FAM 4181 GENERAL
(CT:PER-928; 10-05-2018)
(Uniform State/USAID/Commerce)
(Applies to Foreign Service Employees and all others under Chief of Mission
Authority)
a. Definition of member of household (MOH): An
individual who accompanies or joins a sponsoring employee, i.e., a direct hire
employee under chief-of-mission authority, either Foreign Service, Civil
Service, or uniformed service member, who is permanently assigned to or
stationed abroad at a U.S. mission, or at an office of the American Institute
in Taiwan. A MOH is an individual who meets the following criteria:
(1) Not an EFM and therefore not on the travel orders
or approved through Form OF-126, Foreign Service Residence and Dependency
Report, of the sponsoring employee; and
(2) Officially declared by the sponsoring U.S.
Government employee to the chief of mission (COM) as part of his or her
household and approved by the COM (in cases where
the COM is sponsoring a MOH, the MOH must be declared to and approved by the
regional bureau's executive director); and
(3) Is a parent, grandparent, grandchild, unmarried
partner, adult child, foreign born child in the process of being adopted,
father, mother, brother, sister, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother,
stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister;
who falls outside the Departments current definition of eligible family member
14 FAM 511.3.
A MOH may or may not be a U.S. citizen. MOHs are by definition cohabitants. Therefore,
if the MOH is not a U.S. citizen, employees who declare MOHs to the COM must
ensure compliance with the provisions of 12 FAM 275,
Reporting Cohabitation with and/or Intent to Marry a Foreign National.
b. Where appropriate and practicable and subject to
applicable law, chiefs of mission and their staffs should ensure that the
official American community is as welcoming as possible and should apply the
following policies fairly and equitably to all MOHs:
(1) May assist MOHs, upon request, in obtaining
appropriate residency permits and travel visas in accordance with local law. There
are host countries that may not provide these privileges to MOHs. However,
posts may not request privileges, immunities, or exemptions for MOHs and, to
the extent post informs the foreign government that the MOH has accompanied the
employee abroad and resides with the employee, it should expressly state that
the MOH is not regarded by the Department of State as a member of the
employees family forming part of his or her household for the purposes of the
Vienna Conventions on Diplomatic or Consular Relations or for any other
official purpose;
(2) Consider MOHs, who can legally work in the
respective country and have obtained any necessary work permits, for positions
at post that are appropriate for their citizenship. Such consideration is
subject to applicable law, including nepotism regulations, priority
consideration for eligible family members and veterans preference;
(3) At the employees request and with the MOHs
authorization, include MOHs in post telephone and address listings;
(4) Include MOHs in local community liaison office
(CLO) events and other post-sponsored activities and programs as appropriate;
and
(5) Provide access to limited FSI training contact
FSI, CDP, or FLOAskEmployment@state.gov; and
(6) MOHs do not fall under COM authority but may be
required to comply with applicable COM policies as a condition of living in or
using embassy facilities.
c. Posts may consult with the Bureau of Human
Resources Office of Policy Coordination (DGHR/PC), if they have questions about
policies related to MOHs other than those set forth in this subchapter.
d. Employees responsibilities with respect to MOHs:
(1) Employees must declare and receive approval for
all MOHs from chief of mission (MOHs sponsored by
a COM must be declared to and approved by the regional bureau's executive director);
(2) Employees must ensure that their MOHs comply with
all applicable laws, regulations, and post policies applicable to the U.S.
embassy community;
(3) Employees should encourage their U.S. citizen MOHs
to register with the American Citizens Services Smart Traveler Enrollment
Program (STEP); and
(4) Employees must report foreign national MOHs and
request an approval for cohabitation in U.S. Government housing in accordance
with 12 FAM 275,
Reporting Cohabitation with and/or Intent to Marry a Foreign National, and 12 FAM 442,
Members of Household; and
(5) Employees should encourage their MOHs to obtain
both overseas medical insurance coverage and medical evacuation (MEDEVAC)
insurance.
e. When evaluating the suitability of an employee for
assignment to a Critical Human Intelligence-Threat post under 12 FAM 263.3-2,
Critical Human Intelligence-Threat Posts, the Bureau of Diplomatic Security
(DS) will consider an MOH to the same extent it would a family member.
f. The anti-nepotism regulations in 3 FAM 8300 must
apply to MOHs.
g. MOHs are not eligible to receive the following:
(1) Paid travel to and from post;
(2) Accreditation for diplomatic status and privileges
and immunities or a diplomatic passport;
(3) Expeditious naturalization;
(4) Access to the health unit (HU); however the HU may
provide a list of referrals for local providers;
(5) Federal Employee Health Benefit (FEHB) insurance;
(6) Airfare or evacuation allowances;
(7) Separate maintenance allowance (SMA); or
(8) Shipment of remains in the event that a MOH dies
at post.
h. A MOH agreement can be revoked by the COM at any
time.
3 FAM 4182 through 4189 UNASSIGNED