UNCLASSIFIED (U)

12 FAM 430

MARINE SECURITY GUARD (MSG) PROGRAM

(CT:DS-259; 06-20-2016)
(Office of Origin: DS/SPC/MSG)

12 FAM 431 AUTHORITIES

(CT:DS-183; 01-24-2013)

a. Title 10 U.S.C. 5983 authorizes the assignment of Navy personnel to Foreign Service posts under the direct operational control of the chiefs of diplomatic missions or principal officers, or their designees, and provides the basic authority for the Memorandum of Agreement (MOA) dated August 1, 1967, between the Department of State and Department of Defense (see 12 FAM Exhibit 431(A)).

b. The MOA cited in 12 FAM 431(a) authorizes the Department of State and the U.S. Marine Corps to develop, execute, and issue such policy instructions as may be required from time to time to implement their joint responsibilities in support of the MSG Program.

c. The MOA dated March 13, 2008, between the Department of State and the U.S. Marine Corps updated the program fiscal responsibilities and support, counterintelligence, VIP support, equipment and logistics, and medical and dental support annexes (see 12 FAM Exhibit 431(B)).

12 FAM 432 PROGRAM MANAGEMENT

12 FAM 432.1 Chief, Marine Security Guard (MSG) Program (DS/SPC/MSG)

(CT:DS-132; 04-14-2008)

See 12 FAM Exhibit 431(B), MOASection 5, paragraphs b(1)(d) and (e) and 1 FAM 262.2-3(A).

12 FAM 432.2 Regional Security Officer (RSO)

(CT:DS-183; 01-24-2013)

a. Under the authority of the chief of mission or principal officer, or designee, the RSO is the immediate operational supervisor of the MSG detachment for the Bureau of Diplomatic Security. This officer determines specific guard requirements and coordinates them with the Marine detachment and company commanders and with the chief of mission or principal officer. The RSO coordinates any MSG program issues or requirements with DS/SPC/MSG.

b. The RSO may, on occasion, delegate any aspect of the operational supervision of an MSG detachment to a deputy or a special agent. Such a delegation will not diminish the RSOs overall MSG program responsibility.

c. The RSO guides, assists, and supports the post security officer (PSO) (see 12 FAM 423.5, Post Security Officer (PSO)) in executing the duties and responsibilities of supervising a detachment at a constituent post with no resident RSO. Since the RSO retains overall responsibility for the MSG program at such posts, that officer will determine which duties are delegated to the PSO.

12 FAM 432.3 U.S. Marine Corps (USMC)

(TL:DS-85; 11-22-2002)

a. USMC responsibilities concerning MSG Program support are provided to the Department in accordance with the most recent MOA (see 12 FAM Exhibit 431(B)).

b. Upon arrival at post of assignment, the detachment commander and individual MSGs are under the authority of the chief of mission or principal officer. The detachment commander will execute such instructions and orders, either written or oral, as the chief of mission or principal officer or the RSO issues within the parameters of the current MOA. The detachment commander reports directly to the RSO or PSO, in the absence of the RSO, on operational matters and on any matter adversely affecting the detachment or the security of the mission.

12 FAM 433 RSO RESPONSIBILITIES

12 FAM 433.1 Program Supervision

(TL:DS-85; 11-22-2002)

RSOs are responsible for the operational success of the MSG program abroad. They must actively support and supervise the MSG program by:

(1) Attending and participating in the MSGs guard school;

(2) Leading and supervising all contingency drills;

(3) Conducting unannounced inspections of MSG posts;

(4) Involving themselves in all inspections and official visits by Marine Corps officers to include acting as joint control officer for the visit, briefing the visiting officers, and attending all meetings with post officials;

(5) Ensuring the detachment commander has familiarized newly assigned MSGs with the equipment and duties of a post prior to their standing watch alone;

(6) Ensuring security implications are reviewed and addressed for social activities sponsored by the detachment or held at the MSG residence;

(7) Keeping the detachment commander informed of pertinent threat information and any proposed changes which might affect the MSGs work or living conditions;

(8) Seeking and considering the detachment commanders views on matters which may affect the detachment;

(9) Drafting all guard orders and contingency plans;

(10) Ensuring MSGs are familiar with guard orders and contingency plans;

(11) Representing MSG detachment interests and concerns at country team meetings, at emergency action committee meetings, and with post senior management; and

(12) Ensuring that the MSG personnel who marry or plan to marry during their tour as an MSG are reported to DS/SPC/MSG and that all such matters are handled in accordance with the current MOA (see 12 FAM Exhibit 431(B)).

12 FAM 433.2 Implementing Guard Orders

(CT:DS-183; 01-24-2013)

See 12 FAM Exhibit 431(B), MOASection 5, paragraph b (1)(h) and Annexes G, H, L and S.

12 FAM 433.3 Inappropriate Assignments

(TL:DS-85; 11-22-2002)

a. The RSO and detachment commander must ensure MSGs are not assigned to duties outside U.S. diplomatic property except as provided under 12 FAM 433.4. DS/SPC/MSG will coordinate any approvals with the MSG Battalion.

b. The RSO and detachment commander will ensure Marines are not assigned as receptionists, couriers, mail clerks, vehicle dispatchers, switchboard operators, janitors, or any other duties that detract from their officially designated duties as approved by the MOA. Exceptions require prior approval from both DS/SPC/MSG and MSG Battalion.

c. The RSO and detachment commander must ensure MSGs are not charged with the responsibility of supervising civilian guards, although MSGs may, on occasion, direct civilian guard actions to ensure established security procedures are followed; e.g., in screening or searching procedures for visitors or vehicles.

d. Although the detachment commander may assist the RSO insofar as primary duties and capabilities allow, the RSO will ensure the detachment commander is not charged with the responsibility for any of the following:

(1) Investigative activities (does not preclude those expressly authorized by the company or battalion commander under the provisions of the Uniform Code of Military Justice (UCMJ));

(2) Security briefings;

(3) Control of combinations to vaults and safes containing classified material;

(4) Repair to security locks and containers; or

(5) Other post activities apart from the detachments mission.

12 FAM 433.4 Special Duty Assignments

12 FAM 433.4-1 Principal Officer Protection

(CT:DS-79; 09-14-2001)

a. Where the life or safety of any posts principal officer is in danger and no other adequate means of protection is available, the RSO may assign MSGs to provide temporary security within that officials residence.

b. The RSO will ensure MSGs are armed and are not assigned to perform service functions which would normally be accomplished by household or mission staff.

c. The RSO will write the duties and responsibilities of the assigned Marines into the guard orders. The specific orders will define the MSGs course of action in the event of an attempted, threatened, or actual penetration of the residence. The RSO must provide a copy of the orders to DS/SPC/MSG and the respective company commander.

d. The RSO must report the circumstances requiring residential MSG coverage and the expected duration to DS/SPC/MSG in writing. DS/SPC/MSG will ensure the written report is sent to the Commanding Officer, MSG Battalion.

12 FAM 433.4-2 Post Evacuation

(CTL:DS-39; 08-15-1994)

The RSO will assign MSGs to such duties as may be directed by the principal officer for the protection of lives and property in the event of a post evacuation. As stated in the MOA, Marines will continue to carry out such duties until the principal officer releases the Marines.

12 FAM 433.4-3 Conferences and Delegations

(CT:DS-183; 01-24-2013)

As directed by DS/SPC/MSG, the RSO assigns Marines to provide special guard services for U.S. delegation offices for Department regional or international conferences when an armed guard must safeguard material or equipment which is classified pursuant to Executive Order 13526 and which cannot be stored overnight in a guarded facility of the U.S. mission. In situations where the arming of Marines is absolutely prohibited by host government policies or law, the RSO may still assign Marines to safeguard classified material on an exceptional basis only after notifying MSG Battalion through DS/SPC/MSG.

12 FAM 433.4-4 VIP Support

(CT:DS-104; 10-12-2004)

The RSO will assign Marines to provide security support for visits by the President, Vice-President, Secretary of State or other senior U.S. Government officials, as required. Where additional personnel are required, the RSO will contact DS/SPC/MSG to arrange for additional, temporary duty MSGs.

12 FAM 433.4-5 Circumstances Requiring Immediate Action

(CT:DS-183; 01-24-2013)

a. The RSO, with the approval of the chief of mission or principal officer, may assign duties other than those previously described in this section to the Marines as may be required by urgent or security-related circumstances requiring immediate action. Such duties must not contravene established Department or Marine Corps policy and must not unduly jeopardize the safety or well-being of any Marine.

b. The RSO must immediately notify DS/SPC/MSG and apprise the company commander of the circumstances requiring the exceptional duty. DS/SPC/MSG will then inform the MSG Battalion and request concurrence for those particular duty assignments which will continue.

12 FAM 433.5 Disciplinary Actions

(CT:DS-183; 01-24-2013)

a. The Marine Corps has sole responsibility for disciplinary authority over all MSGs. The RSO should apprise the detachment commander of MSG infractions or other situations requiring possible disciplinary or corrective action. However, under circumstances requiring immediate action, where the detachment commander is unavailable, the RSO may relieve a MSG of duty pending the result of the Marine Corps investigation and/or disciplinary action.

b. Post personnel should report all incidents which may have security implications to the RSO. Where an MSG is involved, the detachment commander also notifies the company commander. The RSO coordinates any investigation in such cases.

c. The RSO will use DS Channel communications to report all MSG disciplinary actions to DS/SPC/MSG. The report should include a brief description of the incident and comments or recommendations, as appropriate. The RSO should also inform the L/M/DS attorney advisor where legal advice is required or legal actions are anticipated, e.g., in MSG altercations with foreign nationals. The L/M/DS attorney advisor will coordinate responses involving legal issues with the Office of the Legal Adviser (L).

d. Both the chief of mission and company commander have the authority to transfer a Marine from a given post for disciplinary reasons. Such a decision to transfer should be made in consultation with the RSO.

12 FAM 434 PROGRAM REQUIREMENTS

12 FAM 434.1 Activating, Deactivating, or Modifying an MSG Detachment

(CT:DS-183; 01-24-2013)

See 12 FAM Exhibit 431(B), MOAAnnex J.

12 FAM 434.2 Documentation

(CT:DS-39; 08-15-1994)

All Marines assigned to the Marine Security Guard Program require passports to travel abroad in support of the program. Direct all requests for passports to the Bureau of Consular Affairs, Passport Services (CA/PPT), for issuance of diplomatic or official passports as appropriate.

12 FAM 434.3 Security Clearances

(CT:DS-183; 01-24-2013)

DS/SPC/MSG will track the status of security clearances based on background investigations of MSGs conducted by the Department of Defense (DOD) in accordance with the MOA (see 12 FAM Exhibit 431(B), MOAAnnex F, section 5e(2)).

12 FAM 434.4 MSG Assignments

(CT:DS-183; 01-24-2013)

See 12 FAM Exhibit 431(B), MOASection 3 and Annex B.

12 FAM 434.5 Training

(CT:DS-183; 01-24-2013)

a. The Office of Training and Performance Standards (DS/T/TPS), Overseas Training Branch (DS/SLTD/OTB) schedules:

(1) Training for DS special agents assigned as RSOs to posts having MSG detachments;

(2) Training for post security officers assigned to posts having MSG detachments;

(3) Briefings about the MSG Program for Department personnel with security-related responsibilities assigned to posts having MSG detachments; and

(4) Orientation briefings for spouses of newly assigned detachment commanders and company officers.

b. DS/SPC/MSG ensures that Marine Corps officers and enlisted personnel assigned to the MSG Program, with the exception of those assigned to MSG Battalion Headquarters and Headquarters, Marine Corps, complete an established course of training. Each year, the Chief, Overseas Training Branch (DS/SLTD/OTB), and the Chief, DS/SPC/MSG, or their designees, review the course curriculum with MSG Battalion representatives. Any proposed changes require DS/SLTD/OTB concurrence to become effective.

c. DS/T/TPS will provide advice, guidance, and instructional support to the MSG school relating to the MSG Program. DS/SPC/MSG may provide guidance, advice, and instruction, as necessary, to support DS/T/TPS.

d. For spouse training, see 12 FAM Exhibit 431(B), MOAAnnex O, paragraph d.

e. MSGs are entitled to participate in post language programs. The RSO and detachment commander will ensure all MSGs participate in language training within the constraints of operational commitments (see 12 FAM Exhibit 431(B), MOAAnnex O, paragraph f).

12 FAM 434.6 Clothing

(CT:DS-183; 01-24-2013)

a. Except where the chief of mission makes an exception due to the political situation or other factors, Marines wear the prescribed Marine Corps uniform while on duty. The USMC provides the uniform clothing (see 12 FAM Exhibit 431(B), MOAAnnex S, paragraph b).

b. For civilian clothing, see 12 FAM Exhibit 431(B), MOAAnnex S, paragraph c.

12 FAM 434.7 Weapons

12 FAM 434.7-1 Official Duty

(CT:DS-183; 01-24-2013)

For the use or carrying of weapons while on official duty, see 12 FAM Exhibit 431(B), MOAAnnex G, paragraph b.

12 FAM 434.7-2 Familiarization Firing

(TL:DS-79; 09-14-2001)

To maintain proficiency, Marine security guards will fire their assigned weapons every six months. This familiarization firing should be conducted at post of residence. Where this is proscribed or not possible, the RSO will request funding from DS/SPC/MSG to cover anticipated travel and per diem costs to fulfill this requirement at the most economical location for the U.S. Government (see 12 FAM 435.4). An RSO should oversee and assist with all familiarization firing.

12 FAM 434.7-3 Living Quarters

(CT:DS-183; 01-24-2013)

a. For weapons in living quarters, see 12 FAM Exhibit 431(B), MOAAnnex G, paragraph b(7)(a).

b. No U.S. Government firearm may be maintained in an MSGs living quarters unless all of the following circumstances apply:

(1) The RSO determines the security situation warrants authorizing firearms in quarters;

(2) No alternative security resource is available;

(3) The chief of mission or principal officer authorizes the action as temporary;

(4) The commanding officer, MSG Battalion, concurs;

(5) The Deputy Assistant Secretary and Assistant Director for DS/IP, approves;

(6) The RSO determines and establishes safeguards, subject to DS/SPC/MSG revision, to preclude unauthorized access to such firearms; and

(7) The RSO reports safeguards in writing to DS/SPC/MSG.

12 FAM 434.8 Funding Accountability

(CT:DS-183; 01-24-2013)

See 12 FAM Exhibit 431(B), MOAAnnex A.

12 FAM 435 POST RESPONSIBILITIES

12 FAM 435.1 Diplomatic Status

(CT:DS-104; 10-12-2004)

Post will notify the receiving host government that the Marine is, at a minimum, a member of the administrative and technical staff of the embassy, if assigned to an embassy, or a consular employee if assigned to a consular post. Where Marines are not so accredited, post will promptly report the reason to the Director, Security Division (PS), Marine Corps Headquarters through DS/SPC/MSG.

12 FAM 435.2 Marine Corps Offices

(CT:DS-183; 01-24-2013)

For Marine Corps offices, contact DS/SPC/MSG, and see 12 FAM Exhibit 431(B), MOAAnnex E.

12 FAM 435.3 MSG Housing

(CT:DS-205; 03-13-2014)

a. For MSG housing, see 12 FAM Exhibit 431(B) Annex N.

b. The Bureau of Overseas Buildings Operations (OBO) is responsible for payments of capital lease (CL) property and maintenance and repairs of CL and U.S. Government owned property, without reimbursement from the USMC in accordance with 15 FAM 630, Maintenance, Repair, and Custodial Responsibilities.

c. DS/SPC/MSG, with reimbursement from the USMC, provides MSG program funds to OBO for operating lease (OL) property.

d. DS/SPC/MSG, with reimbursement from the USMC, funds minor maintenance and repairs for OL properties that are not the responsibility of the lessor under the terms of the lease or local law.

e. For more information on maintenance and funding responsibilities, see 15 FAM 600.

12 FAM 435.4 Travel and Transportation

12 FAM 435.4-1 General

(CT:DS-183; 01-24-2013)

a. For travel and transportation, see 12 FAM Exhibit 431(B), MOAAnnex A Matrix, section 4.

b. Posts assist MSG personnel in obtaining any necessary exit and transit visas for travel to their next assignment and for any other travel authorized under the provisions of this subchapter.

12 FAM 435.4-2 Official

(CT:DS-183; 01-24-2013)

For official travel, see 12 FAM Exhibit 431(B), MOAAnnex A Matrix, section 4.

12 FAM 435.4-3 Medical

(CT:DS-183; 01-24-2013)

For medical travel, see 12 FAM Exhibit 431(B), MOAAnnex U, section 1, paragraph c(3) and section 3.

12 FAM 435.5 Vehicles

12 FAM 435.5-1 MSG Detachments

(CT:DS-183; 01-24-2013)

For the use of vehicles by an MSG detachment, see 12 FAM Exhibit 431(B), MOAAnnex T, section 4, paragraph b(8).

12 FAM 435.5-2 Company Headquarters

(CT:DS-183; 01-24-2013)

For the use of vehicles at Company Headquarters, see 12 FAM Exhibit 431(B), MOAAnnex T, section 2, paragraph b.

12 FAM 435.6 Disbursements

(CT:DS-183; 01-24-2013)

See 12 FAM Exhibit 431(B), MOAAnnex A.

12 FAM 435.7 Department of State Awards

(CT:DS-183; 01-24-2013)

a. Non-monetary awards may be presented to Marine Corps personnel assigned to the Marine Security Guard Program at post in accordance with 3 FAM 4810. A monetary award may be presented to Marine Corps personnel for an innovation, invention, or scientific achievement in accordance with E.O. 11438, December 3, 1968. (See 3 FAM 4813.2 c.)

b. Letters of commendation signed by the chief of mission or principal officer should be addressed to: The Commandant of the Marine Corps, Washington, DC 20380. Send a copy to the Bureau of Diplomatic Security, Diplomatic Security Service (DS/DSS) and the company commander.

12 FAM 436 DEVELOPING MSG ORDERS

12 FAM 436.1 Scope and Content

(CT:DS-183; 01-24-2013)

a. The RSO may cancel, revise, or draft guard orders as needed to maintain or improve MSG protection in accordance with the provisions of the current MOA (see 12 FAM Exhibit 431(B)).

b. The RSO shall ensure that the written orders address MSG responsibilities and procedures in:

(1) Exercising access control and providing stationary guard coverage at specified entrances within the perimeter of the mission;

(2) Employing deadly and non-lethal force;

(3) Conducting inspections within mission buildings to ensure the proper safeguarding of classified material and equipment;

(4) Writing notices of possible security violations and making security reports in accordance with 12 FAM 550;

(5) Escorting non-cleared laborers and other service personnel in or adjacent to controlled access areas where classified material is stored, handled, processed, or discussed;

(6) Conducting visual inspections of the controlled access areas to detect possible physical or technical penetrations; and

(7) Providing temporary control of controlled access areas during renovations, repairs, or emergencies.

12 FAM 436.2 Special Circumstances

(CT:DS-79; 09-14-2001)

a. The RSO shall also issue special orders, in writing, to cover specific MSG duties required in certain circumstances that require immediate action (e.g., demonstrations, terrorist activities, bomb threats, threats against lives, and evacuations). These orders will include instructions concerning the protection or destruction of classified material, as appropriate.

b. In urgent circumstances or circumstances that require immediate action, the RSO may verbally direct the detachment commander or an MSG as necessary to address security considerations.

c. The RSO will issue special classified orders, in writing, that will instruct MSGs how to handle persons seeking political asylum, particularly for those requests received after normal business hours.

12 FAM 437 MSG DETACHMENT PROCEDURES

12 FAM 437.1 Activations

(CT:DS-183; 01-24-2013)

For activation of an MSG detachment, see 12 FAM Exhibit 431(B), MOAAnnex J, section 2, paragraph a.

12 FAM 437.2 Modifications

(CT:DS-183; 01-24-2013)

For modifications to an MSG detachment, see 12 FAM Exhibit 431(B), MOAAnnex D.

12 FAM 438 AND 439 UNASSIGNED

12 FAM Exhibit 431(A)
MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF STATE AND THE DEPARTMENT OF DEFENSE PERTAINING TO THE USE OF MARINE CORPS PERSONNEL IN THE FOREIGN SERVICE [Excerpt]

(TL:DS-79; 09-14-2001)

THIS MEMORANDUM AGREEMENT BETWEEN THE DEPARTMENT OF STATE AND THE DEPARTMENT OF DEFENSE PERTAINS TO THE USE OF MARINE CORPS PERSONNEL IN THE FOREIGN SERVICE ESTABLISHMENT AND DERIVES ITS BASIC AUTHORITY FROM SECTION 601 OF THE ACT OF JUNE 30, 1932 AS AMENDED, 31 U.S.C. 686.

IT AUTHORIZES THE USE OF MARINE OFFICER AND ENLISTED PERSONNEL IN THE DEPARTMENT OF STATES SECURITY PROGRAM OVERSEAS AND AUTHORIZES THE ASSIGNMENT OF MARINE SECURITY GUARDS TO THE DIRECT OPERATIONAL CONTROL OF THE CHIEFS OF DIPLOMATIC MISSIONS, OR THEIR DESIGNATED REPRESENTATIVES.

IT RECOGNIZES THAT THE RESPONSIBILITIES OF THE DEPARTMENT OF STATE AND OF THE MARINE CORPS IN SUPPORT OF THE MARINE SECURITY GUARD PROGRAM ARE JOINT IN NATURE AND AUTHORIZES THE DEPARTMENT OF STATE AND THE MARINE CORPS TO DEVELOP, EXECUTE, AND ISSUE SUCH POLICY INSTRUCTIONS CONSISTENT WITH THE DEPARTMENT OF DEFENSE POLICY AND INSTRUCTIONS AS MAY BE REQUIRED FROM TIME TO TIME TO IMPLEMENT THIS AGREEMENT.

This agreement supersedes the previous edition dated 22 September 1955.

AUGUST 1, 1967

/s/ /s/

Under Secretary of State Secretary of Defense

 

12 FAM EXHIBIT 431(B)
MEMORANDUM OF AGREEMENT BETWEEN THE U.S. DEPARTMENT OF STATE AND THE UNITED STATES MARINE CORPS

(CT:DS-259; 06-20-2016)

 

MEMORANDUM OF AGREEMENT

BETWEEN

THE U.S. DEPARTMENT OF STATE

AND

THE UNITED STATES MARINE CORPS

 

 

MOA Date: June 28, 2013

Change Date: April 18, 2016

MEMORANDUM OF AGREEMENT

BETWEEN

THE U.S. DEPARTMENT OF STATE

AND

THE UNITED STATES MARINE CORPS

FOR THE OPERATIONAL AND ADMINISTRATIVE SUPERVISION OF THE MARINE SECURITY GUARD PROGRAM

 

OVERVIEW

DIRECTIVE

 

1. PURPOSE

 

The purpose of this Overview Directive is to provide an introduction and overview for the Memorandum of Agreement (MOA) between the Department of State (DOS) and the United States Marine Corps (USMC) and their participation in the Marine Security Guard (MSG) Program. It provides the foundation for the Implementing Directive, which specifies terms, relationships, conditions, and responsibilities of both DOS and USMC in executing the MSG Program.

 

2. BASIS FOR SUPPORT

 

a. Background. The USMC has participated in the internal security and protection of U.S. embassies, legations, and consulates on a formal basis with DOS since 1948. Marine Security Guards are currently assigned to designated diplomatic facilities worldwide.

 

b. Authority. The basic authority for this MOA is that section of the MOA between DOS and the Department of Defense (DoD) of August 1, 1967, which authorized DOS and USMC to jointly develop, execute, and issue such policy instructions as may be required to implement their joint responsibilities in support of the MSG Program. The provisions of this MOA providing for the ordering of goods and services from DOS with financial reimbursement from the USMC are authorized by 31 U.S.C. 1535 (the Economy Act).

 

c. U.S. Department of State.

 

(i) 22 U.S.C. 4802, Responsibilities of the Secretary of State. The Secretary of State delegated the functions vested by subsection (a) (2) to the Assistant Secretary for Diplomatic Security. Those security responsibilities include:

 

(1) Protection of all U.S. Government personnel on official duty abroad (other than Voice of America correspondents on official assignment and those personnel under the command of a U.S. area military commander) and their accompanying dependents;

 

(2) Establishment and operation of post security and protective functions abroad;

 

(3) Development and implementation of communications, computer, and information security;

 

(4) Emergency planning; and

 

(5) Supervision of the U.S. Marine Corps security guard program.

 

(ii) 22 U.S.C. 3927, Chief of Mission (COM) Authority

 

(iii) Presidents Letter of Instruction to the Chief of Mission

 

d. U.S. Marine Corps. 10 U.S.C. 5983. State Department: Assignment of enlisted members as custodians of buildings in foreign countries. Upon the request of the Secretary of State, the Secretary of the Navy may assign enlisted members of the naval service to serve as custodians under the supervision of the principal officer at any embassy, legation, or consulate.

 

e. Designation. Marines serving under this agreement will be assigned to the MSG Program. These Marines will be assigned for duty to the Commanding Officer, Marine Corps Embassy Security Group (MCESG), Quantico, Virginia. MCESG is designated a special support activity of the Marine Corps establishment. Those Marines assigned to U.S. missions abroad are designated MSG and part of the Marine Corps' Supporting Establishment.

 

3. CONDITIONS FOR SUPPORT

 

a. Prerequisite. The Commandant of the Marine Corps provides MSG to U.S. missions abroad under the following conditions:

 

(i) DOS, through the Bureau of Diplomatic Security (DS), notifies the USMC through Headquarters Marine Corps (HQMC), Plans, Policies, and Operations (PP&O) that a diplomatic or consular facility has officially been identified as requiring the assignment of MSG.

 

(ii) The identified diplomatic facility has a resident regional security officer (RSO), a trained DS Special Agent, who will exercise direct supervisory control of the MSG. If the resident RSO and/or assistant regional security officer (ARSO) are away from post for an extended period, DS will provide temporary duty (TDY) RSO support for that post.

 

(iii) Prior to any permanent assignment of MSG to a diplomatic facility, DOS will provide adequate infrastructure, security standards, and an acceptable quality of life environment for the MSG.

 

b. Limitation on the number of Marines assigned. The assignment of MSG to DOS is authorized by law. The ultimate authority for determining the number of Marines assigned to the MSG Program rests with the Commandant of the Marine Corps through the Deputy Commandant (DC) for PP&O. The DC for Manpower and Reserve Affairs provides input to the Commandant of the Marine Corps in determining the overall supportability of the MSG structure. Marine Corps Order 5320.12H mandates the staffing precedence levels for manning and staffing per the Commandant's guidance. MCESG will inform DOS Marine Security Guard Branch Program Chief (DS/IP/SPC/MSG) with written notification of projected MSG school class sizes, graduation dates, and other staffing issues such as projected shortfalls.

 

4. MISSION OF MARINE SECURITY GUARDS

 

The mission of Marine Security Guards is to provide protection to mission personnel and prevent the compromise of national security information and equipment at designated diplomatic and consular facilities. Marine Security Guards will be prepared to execute plans for the protection of the mission and its personnel as directed by the chief of mission or principal officer through the regional security officer.

 

5. EXECUTION

 

a. Intent. The RSO, as the COMs principal security advisor, is responsible for the safe conduct of diplomacy, and will integrate MSG into the overall mission security program.

 

b. Concept of Operations. In conjunction with DOS/DS, MCESG will screen, train, and assign Marines to the MSG Program for assignment to DOS designated U.S. diplomatic and consular facilities. DOS/DS, through the COM and RSO, will establish and exercise operational supervision of MSG through both verbal and written instructions, as appropriate. DOS/DS, through the RSO, will provide for the logistical support of the MSG (see applicable annexes in the Implementing Directive) and Marine Corps Embassy Security Group Regional Commands that are assigned to Diplomatic Facilities, except for logistical support provided by the MCESG Headquarters, as addressed in the applicable annexes of this MOA. Mission security is the responsibility of the COM or principal officer (PO), who exercises this supervision through the RSO. USMC will advise DOS on issues concerning the proper utilization, training, readiness, morale, welfare, safety, conduct, and appropriate living conditions of MSG and will ensure that policies concerning these issues are consistent with DOD and DOS guidance.

 

(i) U.S. Department of State

 

(1) Assistant Secretary of State for Diplomatic Security. The Assistant Secretary of State for Diplomatic Security is the officer within DOS who has been delegated broad statutory responsibility for the domestic and overseas security programs, including the MSG Program. The Assistant Secretary will establish a policy framework and delegate such authority as is necessary to maintain these programs.

 

(2) The Director of Diplomatic Security and Principal Deputy Assistant Secretary of State for Diplomatic Security (DS/DSS) (PDAS). At the direction of the Assistant Secretary and pursuant to the responsibilities for Diplomatic Security operations abroad, the Director of the Diplomatic Security Service may exercise the authorities of the Assistant Secretary.

 

(3) Deputy Assistant Secretary (DAS) of State for International Programs (DS/DSS/IP). The Deputy Assistant Secretary of State for International Programs is responsible for DOS operational security programs abroad, in those countries for which he/she is responsible, including the MSG Program. The Deputy Assistant Secretary for International Programs is responsible for establishing the policies, coordination, and supervision necessary to implement the MSG Program within DS and DOS. At the direction of the Deputy Assistant Secretary for International Programs and pursuant to the responsibilities for DS operations abroad, the Deputy Assistant Director for International Programs may exercise the authorities of the Deputy Assistant Secretary.

 

(4) Deputy Assistant Secretary of State for High Threat Posts (DS/DSS/HTP). The Deputy Assistant Secretary of State for High Threat Posts is responsible for DOS security programs at designated high threat posts. Requirements for MSG support at high threat posts will be coordinated with and approved by the Deputy Assistant Secretary for International Programs.

 

(5) Office Director, Special Programs and Coordination (DS/IP/SPC). The Office Director for Special Programs and Coordination provides guidance and policy assistance in support of the Marine Security Guard Program (DS/IP/SPC/MSG), directly supervises the Marine Security Guard Program Chief, and provides oversight of the activities of the overall MSG Program. The Deputy Director for Special Programs and Coordination will act in the Directors absence.

 

(6) Program chief, Marine Security Guard Program (DS/IP/SPC/MSG). The Program Chief, Marine Security Guard Program, is the DS special agent within the Office of International Programs directly responsible for the management of the MSG Program at DOS, for liaison between DOS and Headquarters Marine Corps, Assistant Deputy Commandant of the Marine Corps for Plans, Policies and Operations, Security Division, and coordination of the day-to-day operations of the Program. The MSG Program assists MCESG in resolving situations concerning compliance with the provisions of this agreement and in resolving situations where the utilization or safety of the Marines is in question. The Marine Security Guard Program manages the disbursement levels jointly with MCESG and compiles expenditure data for funds that the USMC provides DS in support of the program (See applicable annexes within this MOA for additional information).

 

(7) Chief of mission or principal officer. The COM at U.S. missions abroad is the personal representative of the President of the United States to the country of accreditation. The COM is responsible for the direction, coordination, and supervision of all U.S. Government Executive Branch employees in that country (except those under the command of a U.S. area military commander, on the staff of an international organization, and Voice of America correspondents on official assignment) and shall be kept fully and currently informed of all activities and operations of the U.S. Government within that country. The COM shall ensure that all U.S. Government Executive Branch employees in that country (except those under the command of a U.S. area military commander, on the staff of an international organization, and Voice of America correspondents on official assignment) comply fully with all applicable directives of the mission. Mission security is the COMs direct responsibility. Unless an interagency agreement provides otherwise, the COM must provide for the security of all U.S. government on official duty abroad (except those under the command of a U.S. area military commander, on the staff of an international organization, and Voice of America correspondents on official assignment), and their accompanying dependents. The security responsibility for the MSG, MCESG Regional Command personnel and their dependents assigned to the mission rests with the COM. The COM will ensure the proper utilization, welfare, and living conditions of the detachment assigned to the mission and provide support to the Regional Command personnel. The COM has ultimate operational direction, coordination, and supervision of all MSG and all MCESG Regional Command personnel and dependents assigned to his/her mission.

 

(8) Deputy Chief of Mission (DCM). The DCM is the principal assistant to the COM. In the absence of the COM, the DCM assumes the full duties and responsibilities of the COM.

 

(9) Regional Security Officer (RSO). The RSO is the principal security advisor to the COM. The RSO is the immediate operational supervisor of MSG and will ensure that they are assigned duties within the parameters set forth in this agreement. The RSO is responsible for the proper utilization, support, and safety of the MSG. The RSO is also the advocate for the MCESG Regional Commands that are assigned to his/her diplomatic facility. (See applicable annexes within the Implementing Directive of this MOA for additional information.)

 

(ii) U.S. Marine Corps

 

(1) Deputy Commandant for Plans, Policies, and Operations (DC, PP&O). The Deputy Commandant for Plans, Policies, and Operations is the senior representative within the Marine Corps who has been delegated broad supervisory responsibility for establishing a policy framework for the MSG Program.

 

(2) Assistant Deputy Commandant (ADC) for Plans, Policies, and Operations (Security). The Assistant Deputy Commandant for Plans, Policies, and Operations (Security) on behalf of the Deputy Commandant, Plans, Policies, and Operations is assigned the responsibility for establishing the policies, coordination, and supervision necessary to implement the MSG Program within the Marine Corps. The Assistant Deputy Commandant, Plans, Policies, and Operations (Security) will ensure that MSG Program policies and procedures are consistent with those of DOD.

 

(3) Branch Head, Homeland Defense, Security Division. The Branch Head, Homeland Defense, will assist the Assistant Deputy Commandant, Plans, Policies, and Operations (Security) on matters pertaining to the MSG Program. This officer will ensure that policies within the Program are consistent with those specified by the Commandant of the Marine Corps for the employment of security forces with respect to support to DOS.

 

(4) Head, Security Forces Interagency Section, Security Division. The Head, Security Forces Interagency Section, is the principal staff officer at Headquarters Marine Corps, concerned with the day-to-day coordination of issues affecting the MSG Program. This officer will monitor for the division the overall status of the program and will interface with all Departments within HQMC on matters concerning the MSG Program. The Security Forces Interagency Section will coordinate with MCESG to ensure that timely and effective support is provided.

 

(5) Commanding officer, Marine Corps Embassy Security Group. The Commanding Officer, Marine Corps Embassy Security Group, is appointed by the Commandant of the Marine Corps, exercising command, less operational control, of MCESG Marines assigned to diplomatic facilities. This officer is responsible for the screening, training, assignment, administration, and logistical support of Marine Corps unique items, operational readiness and discipline of Marines assigned to MCESG. The Commanding Officer also commands all personnel assigned to MCESG.

 

(6) Commanding Officers, Marine Corps Embassy Security Group Regional Commands. Commanding Officers of Marine Corps Embassy Regional Commands, exercise command, less operational supervision, of Marine Security Guards assigned to missions in their respective regions. They are responsible to the Commanding Officer, Marine Corps Embassy Security Group for the training, personnel administration, operational readiness, logistical support, and discipline of Marines in their regions. They will advise the COM or principle officer, and other post management as appropriate, through the regional security officer, on the proper utilization, readiness, morale, welfare, safety, conduct, and appropriate living conditions of the Marine Security Guards assigned to each mission.

 

(7) The Marine Security Guard Security Augmentation Unit (MSAU) Commanding Officer. The Commanding Officer of the Marine Security Guard Security Augmentation Unit is based in Quantico, Virginia, and will report directly to the MCESG Commanding Officer and receive support from his staff. When deployed to any U.S. diplomatic facility overseas to augment post security, Marine Security Guard Security Augmentation Unit elements will be under COM authority, and all operational and tactical supervision, guidance, and employment will come from the RSO or other designated individual within the regional security office. (see annexes within the Implementing Directive of this MOA for additional information)

 

(8) Marine security guard detachment commander. A detachment commander (DetComdr) will be assigned by the commanding officer, Marine Corps Embassy Security Group, to command and administer each detachment and to supervise and control Marine Security Guards both on and off duty. The DetComdr is responsible to the COM or principle officer, through the mission's RSO or his/her designee for the effective utilization, readiness, safety, morale, conduct, and welfare of the detachment and to the commanding officer of the appropriate Marine Corps Embassy Security Group Regional Command for its effective administration, training, operational readiness, logistical support, and administration of discipline. The MSGs under the DetComdr are also under COM authority.

 

6. IMPLEMENTATION

 

a. Implementing Directive. This document's direction will be implemented via the Implementing Directive. The Implementing Directive will be authorized by the Assistant Deputy Commandant, Plans, Policies, and Operations (Security) for the Marine Corps and the DS Deputy Assistant Secretary for International Programs for the Department of State.

 

b. Implementing Directive Annexes. The Implementing Directive will be composed of annexes (unclassified and classified) to provide additional guidance for the execution of the MSG Program. Additional annexes may be added at any time with mutual concurrence between DOS and USMC.

 

c. Policy Directives. Policy directives pertaining to this Program, issued by either headquarters, must have the mutual concurrence of the United States Marine Corps and the Department of State.

 

7. REVIEW/APPROVAL

 

This overview directive to the MOA supersedes all previous agreements, and will be reviewed every five years, or at the request of either party. The Assistant Secretary of State for Diplomatic Security, and the deputy Commandant, Plans, Policies and Operations, Headquarters Marine Corps, will negotiate resolution of any funding or operational issues not otherwise detailed in this agreement. Implementation is subject to availability of appropriated funds. This agreement is in force upon ratification by the designated representatives of the United States Marine Corps and the Department of State, whose signatures are affixed below.

For the Department of State:     Original Signed Gregory B. Starr Acting Assistant Secretary of State for Diplomatic Security and Director Bureau of Diplomatic Security   Date: June 13, 2013

For the U.S. Marine Corps:   Original Signed Richard T. Tryon Lieutenant General Deputy Commandant for Plans, Policies and Operations   Date: June 13, 2013

CHANGE TO THE

MEMORANDUM OF AGREEMENT

BETWEEN

THE U.S. DEPARTMENT OF STATE

AND

THE UNITED STATES MARINE CORPS

FOR THE OPERATIONAL AND ADMINISTRATIVE SUPERVISION OF THE MARINE SECURITY GUARD PROGRAM

 

IMPLEMENTING DIRECTIVE CHANGE

 

June 28, 2013

 

1. AUTHORITY

 

The purpose of the Implementing Directive of this Memorandum of Agreement (MOA) is to provide the terms, relationships, conditions, and responsibilities of the U.S. Department of State (DOS) and the United States Marine Corps (USMC) in executing the Marine Security Guard (MSG) Program.

 

2. BACKGROUND

 

This Implementing Directive and its annexes /appendices provide the requisite detail to the MOA and the Overview Directive to ensure the efficient execution of the MSG mission. Additionally, they provide greater clarity and detail in the aspects necessary for the successful execution of the MSG Program. Adoption of the Implementing Directive and its annexes/appendices agreed to and signed by the Deputy Assistant Secretary of State (DAS) for International Programs (DS/DSS/IP) and the Assistant Deputy Commandant, Plans, Policies and Operations (PP&O) (Security Division) (PS) will allow timely policy updates and modifications to the MOA, ensuring that the MSG Program will remain responsive to the current world situations and emerging events. Policy directives pertaining to the MSG Program must have mutual concurrence of DOS and the USMC.

 

3. DISTRIBUTION

 

The entire MOA, Overview Directive, Implementing Directive and the annexes/appendices will be posted on the Marine Security Guard Program (DS/SPC/MSG) intranet site. DOS and USMC equities will be notified and granted access to this information.

 

4. SUMMARY OF REVISION

 

The MOA replaces and supersedes any previous MOAs between DOS and the USMC regarding implementation of the MSG Program. This MOA promulgates the specific guidance for the execution of the MSG Program. The Implementing Directive will be reviewed on an annual basis, or at the request of either party.

 

5. CHANGES/MODIFICATIONS

 

Recommendations for modification of this MOA are invited and will be submitted to the Deputy Assistant Secretary of State for International Programs and the Assistant Deputy Commandant, Plans, Policies and Operations (Security Division), via the appropriate chain of command.

 

The following annex of the MOA Implementing Directive has been added and is in effect as of the date this Directive is signed by the signatory authorities:

 

Annex W

 

6. CERTIFICATION

 

This entire MOA continues in force with the above listed revisions and modifications of the Implementing Directive and supersedes all previously published versions of the listed annexes, upon ratification by the designated representatives of the Department and the Marine Corps, whose signatures are affixed below, the listed changes will take effect.

 

For U.S. Department of State: For the U.S. Marine Corps:

 

 

____Original Signed____ ____Original Signed____

Robert A. Hartung Raymond F. Geoffroy

Deputy Assistant Secretary for Assistant Deputy Commandant for

International Programs , Acting Plans, Policies and Operations

Bureau of Diplomatic Security (Security Division)

 

Date: June 28, 2013 Date: June 27, 2013

 

CHANGE TO THE MEMORANDUM OF AGREEMENT BETWEEN THE U.S. DEPARTMENT OF STATE AND THE UNITED STATES MARINE CORPS FOR THE OPERATIONAL AND ADMINISTRATIVE SUPERVISION OF THE MARINE SECURITY GUARD PROGRAM

 

IMPLEMENTING DIRECTIVE CHANGE

April 18, 2016

 

1. AUTHORITY

 

The Memorandum of Agreement (MOA) between the Department of State (DOS) and the United States Marine Corps, for the operation and administration of the Marine Security Guard (MSG) Program (dated and signed June 28, 2013) provides for mutually agreed upon changes and modifications to the MOA by the Deputy Assistant Secretary of International Programs and the Assistant Deputy Commandant, Plans, Policies and Operations (Security) through modification of the Implementing Directive.

 

 

2. BACKGROUND

 

To ensure that the MSG Program remains current and responsive to changing requirements, the Implementing Directive of the MOA has been modified. The revision of the below listed Annexes have been mutually approved by the Department and the USMC to provide greater clarity and detail to the current MOA.

 

3. DISTRIBUTION

 

The modification to the MOA Implementing Directive will be distributed to:

the Department of State; Headquarters, United States Marine Corps; Bureau of Diplomatic Security; Marine Corps Embassy Security Group; Marine Corps Embassy Security Group Regional Commands; Regional Security Offices (RSO); Marine Security Guard detachments; and all embassies or consulates with Marine Security Guard detachments.

 

4. CHANGES

 

The following annexes of the MOA Implementing Directive (dated June 28, 2013) have been modified and superseded by the attached annexes with corresponding letters and dated with the same date as this Change Agreement to the MOA Implementing Directive:

 

Annex D

Annex D f1

Annex J

Annex J f1

 

The Implementing Directive may be reviewed annually or at the request of either party.

 

6. CERTIFICATION

 

This entire MOA continues in force with the above listed revisions and modifications of the Implementing Directive and supersedes all previously published versions of the listed annexes, upon ratification by the designated representatives of the Department and the Marine Corps, whose signatures are affixed below, the listed changes will take effect.

 

For Department of State: For the U.S. Marine Corps:

 

 

____Original Signed____ ____Original Signed____

Christian J. Schurman Randy R. Smith

Deputy Assistant Secretary, Assistant Deputy Commandant for

International Programs Plans, Policies and Operations

Bureau of Diplomatic Security (Security)

 

Date: April 18, 2016 Date: April 18, 2016

 

Implementing Directive

Table of Contents

 

 

Annex A : Program Fiscal Responsibilities and Support

(Change Date: 05-05-11)

 

1. Purpose. To explain fiscal policies as they relate to supporting the MSG Program.

 

2. Fiscal Policy Overview

 

a. The MSG Program budget represents a unique intergovernmental relationship between the Department of State (DOS) and the U.S. Marine Corps (USMC) that requires shared funding responsibilities with regard to formulation, execution, and reconciliation. Due to this unique relationship, overhead charges allowable under the authority of the Economy Act will not be charged to the Marine Corps. All Marine Corps funding provided to the DOS in support of the MSG Program will be exempt from any overhead charges. MSG Detachments and Regional Commands are represented by the State Department and are not to be considered a separate agency.

 

b. The Marine Corps allocates appropriated funds under three categories to the MSG Program. Those appropriations are:

 

Operations and Maintenance - Marine Corps (OMMC) 5732;

Procurement - Marine Corps (PMC), for vehicle support, 5734;

Procurement Ammunition - Navy and Marine Corps (PANMC), 5735.

 

c. The allocated funds and their use are as follows:

 

(1) Function Code 5732 represents a single year appropriation and cannot be used to offset expenses incurred during the prior year. Only obligated funds from that particular year, which are held in a Miscellaneous Obligation account (M9), can be used for prior year obligations. If funds were not obligated by the end of that fiscal year, they will expire and will no longer be available for use.

 

(2) Function Codes 5734 and 5735: The PMC and PANMC appropriations are multi-year funds for the procurement of supplies and services. Expenditures made from these accounts are tracked separately within the Bureau of Diplomatic Securitys Office of the Chief Financial Officer (DS/EX/CFO) under function codes 5734 and 5735.

 

(3) In the fourth quarter of each fiscal year, a Headquarters Marine Corps (HQMC) appointee, the Marine Corps Embassy Security Group (MCESG) Comptroller, a DS/EX/CFO Analyst, and the Bureau of Diplomatic Securitys Marine Security Guard Staff (DS/SPC/MSG) Senior Budget Analyst will perform a joint assessment to determine the balance of funds. Any surplus funds in the 5732 account at the end of the fiscal year will be returned by DS/EX/CFO to HQMC, PP&O, PS. In the event that there is a remaining balance in the 5734 or 5735 accounts to be withdrawn in September of a given fiscal year, HQMC will be notified. Subsequently, HQMC will issue a Military Interdepartmental Purchase Request (MIPR) withdrawing the agreed upon amount. The acceptance of the MIPR should be returned by DS/EX/CFO to HQMC no later than September 15th of each fiscal year. In regard to the multi-year funds tracked under function codes 5734 and 5735, DOS will return any unobligated funding balance before the funds expire.

 

(4) Expenditure of the three appropriations supporting the MSG Program shall be coordinated with: Headquarters Marine Corps, Plans, Policies, and Operations (Security); the Headquarters, Marine Corps Embassy Security Group Comptroller; at the DS/EX/CFO level, in coordination with DS/IP/SPC/MSG; and the Marine Corps Systems Command (MCSC) in Quantico, Virginia.

 

d. The Marine Corps will retain the Military Personnel, Marine Corps (MPMC) portion of the appropriations to pay for those costs which the Marine Corps has agreed to directly fund in accordance with this Memorandum of Agreement. DOS contributes funding for operational support, designated MSG equipment, and International Cooperative Administrative Support Services (ICASS), as specifically identified in the Annex A Funding Support Matrix.

 

e. MSG Program funding is sourced through the Marine Corps from the Department of Defense (DoD). The Marine Corps will provide funding to DOS at a base level established for fiscal year 1997 by an Economy Act order. This base level will be adjusted for subsequent years to take into account inflation, any exchange rate increases or decreases, and program expansion. Prior to the beginning of each fiscal year, MCESG HQs and DS/IP/SPC/MSG will review all annual budget submissions from the MSG detachments and MCESG Regional Commands. All Washington based funding requirements will also be reviewed at this time. Once both MCESG HQs and DS/IP/SPC/MSG agree to the total funding requirements, these will be submitted to HQMC (PP&O). Subject to the availability of funds each fiscal year, the Marine Corps will transfer the agreed amount of annual reimbursement less 5 percent to DOS within budgetary limits. The 5 percent retention will be maintained by HQMC to offset a potential Congressional rescission and/or unexpected expenses. After the mid-year review is completed, any remaining funds of the 5 percent retention will be forwarded to DOS in support of the MSG Program. DS/IP/SPC/MSG will coordinate with the Office of the Chief Financial Officer (DS/EX/CFO) for distribution of funding requirements to Financial Management Office (FMO) personnel at embassies and consulates to support the MSG detachments and MCESG regional headquarters.

 

f. Joint Federal Travel Regulations (JFTR) apply with regard to the expenditure of MSG Program funds for travel by the Marines. Official travel by DOS personnel in support of the MSG Program, will be executed in accordance with Federal Travel Regulations (FTR), Title 41, CFR Chapters 301-304, and as further delineated in 14 FAM 500, with reimbursement from USMC. USMC has the responsibility for programming and budgeting for the MSG Program appropriated funds. As a result, the USMC will need DOS audit information on the execution of the Program funds in order to properly program and budget future years.

 

g. DOS will expend funds associated with the MSG Program in accordance with all applicable DOS regulations and MCESG HQs concurrence. DoD terms and conditions will be incorporated into contracts to which DoD economy act moneys are being applied. The detachment commander (DetComdr) and the MCESG Regional Commander will participate in determining how MSG funds are to be spent. The Detachment Commander, or his/her representative, and the RSO will approve all non-recurring expenditures of MSG funds. Financial Management Technicians shall provide FMC-60 reports citing function code 5732 expenditures and status of funds quarterly, at a minimum, or upon request by the DetComdr.

 

h. No MSG Program funds, excluding line-items listed in the Annex A Matrix, Section 9, are to be obligated without approval by the DetComdr. In the absence of the DetComdr, the MCESG Regional Commander is authorized to obligate a detachments funds.

 

3. MSG Program Funding Categories. The Annex A Funding Support Matrix of this document addresses specific areas of the MSG Program budget. Any items or areas of support not specified in Annex A will require joint approval of DS/IP/SPC/MSG and MCESG HQs. MSG funding sections are as follows:

 

Section 1: Operations and Maintenance

 

Section 2: Administrative/Office Support

 

Section 3: Special Protective Equipment

 

Section 4: Travel Support

 

Section 5: Training Support

 

Section 6: ICASS Support

 

Section 7: Miscellaneous Support

 

Section 8: Equipment and Supplies provided by MCESG HQs

 

Section 9: MSG Program Categories (Washington-based)

 

Section 10: MSG Mission-Controlled Categories by

Object/Sub-Object Codes

 

4. Department of State Fiscal Responsibilities

 

a. DOS responsibilities listed in the Annex A matrix are provided with reimbursement from the Marine Corps as annotated, except for long-term leases and U.S. Government-owned property, and maintenance and repair of such properties and other MSG related ICASS costs which DOS will fund directly without reimbursement from the Marine Corp

b. DOS will provide budget and financial accounting support and fiscal assistance to MCESG regional headquarters. USMC will reimburse DOS for contractual support personnel hired by the USMC at CONUS based facilities. Office space and office utilities are provided by DOS at no cost to the USMC.

 

c. Payment for DOS responsibilities listed in Annex A, including those subject to Marine Corps reimbursement, is the responsibility of the DOS local Financial Management Officer (FMO) at the mission to which the MSG is assigned or joined, as appropriate, or the Regional Finance Center when there is no FMO located at the mission to which assigned.

 

d. DS/IP/SPC/MSG will assign a dedicated financial specialist to administer and account for MSG funds globally.

 

e. The MCESG regional headquarters will review, approve, and return to the DetComdr all fiscal reports (New Fiscal Year, Mid-Year, and End of Year) before fiscal accounting cables are sent to DS/IP/SPC/MSG by the post FMO. Projected MSGQ costs associated with movement from off-compound to new on-compound MSGQ or from one lease location to another should be included in the MSG detachment annual budget request.

 

f. The post FMO will manage MSG accounts once annual advice-of-allotments are received, and provide all information pertaining to MSG accounts to the DetComdr.

 

g. The FMO at post will, at a minimum, provide a quarterly expense report to the DetComdr and if necessary, conduct meetings to reconcile any discrepancies as well as offer other fiscal information relating to the MSG detachment budget.

 

h. MSG program funds will be administered in accordance with Object/Sub-Object Codes outlined in the Annex A Matrix, Section 10.

 

i. DOS cannot transfer funds among the three (3) separate appropriations:

 

Operations and Maintenance - Marine Corps (OMMC);

Procurement - Marine Corps (PMC), for vehicle support; and

Procurement Ammunition - Navy and Marine Corps (PANMC).

Reprogramming of these appropriations must be requested and approved by HQMC (PP&O).

 

j. Should funding levels be inadequate to fully support the provisions of this agreement, and additional DOS funding is unavailable, DS/IP/SPC/MSG, after coordination with HQMC (PP&O) and MCESG HQs, will determine where shortfalls will have the least operational impact upon the overall MSG Program and inform MCESG HQs. Without additional USMC reimbursement, DOS will adjust funding levels accordingly to remain within budget.

 

5. Reporting Requirements

 

a. On a quarterly basis, DS/IP/SPC/MSG will provide accounting reports for the following line-items of the MSG budget: Function Code 5732, (OMMC); Function Code 5734, (PMC); Function Code 5735, (PANMC); ; and Function Code 5624, (MEDEVAC Travel) reimbursements to HQMC (PP&O) and MCESG HQs.

 

b. All accounting reports will list the total amount of funds authorized, obligated, and liquidated for each detachment and MCESG regional headquarters by the cost categories listed in Sections 9 and 10 of this Annexs Funding Support Matrix and link those categories to the Marine Corps appropriations listed in paragraph 2b of this Annex.

c. DS/IP/SPC/MSG will provide the Marine Corps with detailed accounting reports that depict authorizations, obligations, and liquidations for each detachment and MCESG regional headquarters.

 

d. Reports will be submitted in accordance with the following schedule:

 

(1) First quarter allotments within seven weeks of the end of the reporting period;

 

(2) Second quarter (Mid-year) accounting of actual expenses based upon the mission reporting and Washington-based obligations within seven weeks of the end of the reporting period;

 

(3) Third quarter accounting update within seven weeks of the end of the reporting period; and

 

(4) Fourth quarter (End-of-year) accounting of actual expenses based upon the mission reporting and Washington-based obligations within seven weeks of the end of the fiscal year.

 

e. In an effort to obtain accurate and complete budgetary information relating to the administrative support provided to the MSG detachment, a coordinated effort conducted by the FMO, with input and concurrence by the DetComdr, RSO, and where collocated, the MCESG regional headquarters, is essential. In addition to the offices noted above, it may be beneficial to obtain input from the Information Management Office (IMO) and General Service Office (GSO)/Admin. This will provide the necessary opportunity for all elements involved with the MSG Program to assist in the preparation of each fiscal years budgetary requirements as well as the quarterly accounting process.

 

f. Before the first day of September each year, DOS will also report to HQMC (PP&O) the total of projected unobligated funds or shortfalls for the current fiscal year to allow for appropriate adjustments to be made.

 

6. U.S. Marine Corps Fiscal Responsibilities

a. The Marine Corps will provide funding to DOS at a level established for fiscal year 1997 by an Economy Act order. This base level will be adjusted in subsequent years to take into account inflation, any exchange rate increases or decreases, and MSG Program fluctuations. A Determination and Findings (D&F) authorizing the transfer of funding from DoD to DOS under the Economy Act will be completed each year.

 

b. The USMC will not provide funding above the base levels unless the Marine Corps receives additional funding specifically for supporting increases in the MSG Program.

 

c. At the Mid-Year Review or when DOS determines that the total annual cost for the categories listed in Annex A will exceed the USMCs budgeted base level, DOS will provide the USMC with estimates and supporting data. The USMC, with the support of DOS, will validate the amount and request the additional funds necessary to support the program. If the increase is approved, the USMC will provide DOS with the entire amount to support the MSG Program as delineated in this agreement.

 

7. Reimbursement Procedures

 

USMC agrees to pay DOS for the expenses mentioned in the MOA Annex A. DOS will collect funds from USMC via the Treasury Departments Intra-governmental Payment and Collection (IPAC) System. All services provided under this MOA are subject to the availability of funds.

 

USMC will provide its ALC contact or Accounts Payable (disbursing) office with documentation in support of any IPAC transactions applied to the agreement.

 

The following summary provides information about fiscal classification and points of contacts in both organizations:

 

Fiscal Classification

DOS USMC

Agency Locator Code (ALC): 19-00-0001 0006102

Fund cite (line of accounting): 19X0113H N/A

DUNS Number: 138614792 DoDM00027

Obligation Number: N/A N/A

Treasury Account Symbol: 19-0113 017

Business Event Type Code: COLL N/A

Purchase Order Number: N/A N/A

 

Agency Financial Point of Contact

DOS USMC

POC: William R. Terrini POC: PP&O/PS,

Budget & Resources Branch Head

Phone No.: 571-345-2197 Phone No.: 703-692-4239

E-mail: terriniwr@state.gov Email: N/A

POC: MCESG, Group Comptroller

Phone No.: Same as Above Phone No.: 703-432-0347

 

8. Realigning Funds.

 

DS/IP/SPC/MSG, with support from HQMC (PP&O), will process DOS requests for realignment during the Program Objective Memorandum (POM) cycle, which usually requires a two-year notice. When DOS requests realignment during the year of execution, the USMC will attempt to internally realign funds to meet mission requirements or seek additional funds from other programs.

 

9. Funding Guidance for Residential Leases

 

a. A direct transfer of MSG Program funds to Overseas Buildings Operations (OBO) for the costs of short-term leases (STLs) will occur at the headquarters level. Allotments for STLs will be provided to each mission via an OBO budget code. Obligations against these funds will be further detailed in the missions budget submissions as follows:

 

(1) Housing-MSGQ lease;

 

(2) Housing-Residential leases for DetComdr and T/O-designated A/DetComdr, where applicable; and

 

(3) Housing-Residential leases for MCESG regional headquarters personnel.

 

b. Conversion of existing government-owned or long-term leased MSGQ residences to short-term leased residences must be approved by HQMC (PP&O).

 

c. If replacement of a government-owned or long-term leased MSG residence is proposed on a STL basis, the following administrative requirements must be accomplished prior to signing new leases and obligating USMC funding:

 

(1) Supporting data justifying the conversion to a STL will be provided to HQMC (PP&O) for review, validation, and approval;

 

(2) Sufficient funding within the Marine Corps budgeted base level must be available; and

 

(3) DS/IP/SPC/MSG will obtain clearance from HQMC. The format outlined in 15 FAM Exhibit 321 will be followed.

 

d. All STLs will be approved by DS/IP/SPC/MSG and the MCESG regional headquarters via the DetComdr, RSO, and GSO before renewal of an existing STL or the acquisition of any new residence.

 

e. All leases for existing MSGQ residences will be reviewed by post at least 24 months prior to expiration to determine if future relocation or lease re-negotiation is required and to allow adequate lead-time to negotiate subsequent leases, as required.

 

f. These lease renewal procedures will ensure the MSG Program stays within overall budget and all physical security standards, including any necessary waivers, are met in accordance with the 12 FAM.

g. OBO normally will not enter into long-term lease agreements (unless there are extenuating circumstances), as it is not in the best interest of the U.S. Government. All lease agreements, in respect to length, negotiated at post, should be the most advantageous to the U.S. Government and the USMC. Any lease agreement must stipulate availability to break the lease due to unexpected circumstances. Landlords have responsibility for all normal maintenance and repairs. Leases are subject to availability of funding.

 

h. Based on the aforementioned fiscal realities, the following procedures are to be followed by post officials prior to signing new leases and committing USMC funding:

 

(1) Inform MCESG Regional Commanders of new lease searches/re-negotiations at least 24 months prior to the expiration of an existing lease;

(2) New lease agreements should not exceed 110% of the existing lease price plus reasonable inflation and market value increases;

(3) Negotiate leases in the currency most advantageous to the U.S. Government;

(4) Immediately, notify both DS/IP/SPC/MSG and MCESG HQs (via the MCESG regional headquarters) should lease negotiations fall outside the prescribed parameters. In turn, HQMC (PP&O) and OBO, in coordination with DS/IP/SPC/MSG and MCESG HQs, will revalidate the proposed lease and seek an amicable funding solution, or if that fails, recommend continued searching for alternate housing; and

 

(5) DOS provides, with reimbursement from USMC OMMC (5732 funds), for all routine maintenance (including grounds care) not covered in the lease agreement for all MCESG short-term leases. Building Operating Expenses (BOE) (as defined in 15 FAM 121 Definitions) (to include grounds care) for government-owned and long-term leased residences occupied by MCESG personnel are charged to post-held DCP funds with the exception of those areas specifically identified on the Annex A Funding Support Matrix (e.g. utilities, household cleaning supplies, paper products, pest control, etc.). Routine maintenance and repair of government-owned and long-term leased residences occupied by MCESG personnel are charged to the Bureau of Overseas Buildings Operations (OBO) function code 7901.

 

10. Procurement Accounting

 

a. For PMC and PANMC funding, DOS will provide the USMC with estimates for vehicle, ammunition, and other equipment costs at least four months prior to the start of each fiscal year.

 

b. In addition to established accounting reporting requirements, with the annual accounting report, DOS will provide actual purchase and shipping cost information, by mission, for vehicles and equipment, and the percentage of actual ammunition purchase and shipping costs attributable to the MSG Program.

 

11. Pay and Allowances

 

a. The Marine Corps will retain the MPMC portion of the appropriations to pay for those costs which the Marine Corps has agreed to directly fund in accordance with this Memorandum of Agreement.

 

b. Basic Allowance for Housing (BAH) and Overseas Housing Allowance (OHA) will be directly funded by the Marine Corps.

 

c. Basic Allowance for Subsistence (BAS) and Cost of Living Allowance (COLA). The Marine Corps will directly fund subsistence entitlements and COLA entitlements for all Marine Corps personnel.

 

d. Temporary Lodging Allowance (TLA). The Marine Corps will assume obligation for payments of any TLA incident to the assignment of Marines to MSG detachments or MCESG regional headquarters abroad as authorized by the JFTR, Volume I.

 

e. All pay, allowances, and permanent change-of-station (PCS) travel costs for Marines and their eligible family members (EFMs), and all travel costs for officers, are chargeable to the Marine Corps using MPMC appropriation.

 

f. All payment of entitlements mentioned in preceding paragraphs 10 (a)(e) are the responsibility of the Defense Finance and Accounting Service, Kansas City Center.

 

12. Civilian Clothing

 

a. The Marine Corps will provide a civilian clothing allowance to enlisted MSGs, first sergeants, and enlisted administrative personnel at all MCESG Regional Command headquarters. In addition, MCESG regional command officers based outside the United States also rate the civilian clothing allowance. The cost per individual will be the current allowable rate determined by DoD Instruction 1338.18.

 

b. Supplementary clothing issues may be authorized for Marines who are transferred, as a result of program needs, to missions with substantially different clothing demands.

 

c. Following the transfer, the gaining MCESG regional commander is authorized to endorse the supplementary replacement issue using established DOS standardized regulations listing climate zones by mission. The Marine Corps will directly fund supplementary clothing costs.

 

13. Educational Requirements for Eligible Family Members

 

a. The Department of Defense Educational Activity (DoD EA) is the agency responsible for providing fiscal data and enrollment assistance for the educational requirements for minor children of Marine officers, DetComdrs, and T/O designated A/DetComdrs, and eligible Marines assigned to MCESG regional headquarters. (See Annex P)

 

b. Under no circumstances will 5732 funds be used to pay for EFM or Marine educational requirements other than language training as listed on the Annex A Funding Support Matrix. Language training costs must be submitted on the MSG detachment annual budget submission and approved by the MCESG Regional Command headquarters and MCESG HQs. On a space available basis, family members may be allowed to attend language training, when the MSG Program incurs no additional cost.

 

14. Settlement of Outstanding Accounts

 

a. In cases where MSGs have departed the mission of assignment with outstanding accounts receivable to the U.S. Government by themselves or their EFMs, DS and the USMC will make every effort to obtain restitution.

 

b. Details concerning outstanding accounts receivable should be forwarded to the Branch Chief, DS/IP/SPC/MSG, and the commanding officer, MCESG, Quantico, Virginia, for appropriate action.

 

15. Procedures for Conducting an Independent Audit of Funds

 

a. At a minimum of every 5 years, or at the request of either agency, USMC and DOS will submit to an independent audit of funds utilized in support of the Program.

 

b. Funding for the audit will be sourced by USMC and DOS. Results will be furnished to the senior leadership within the Marine Corps and DOS.

 

c. The auditing agency will be mutually agreed upon by both USMC and DOS.