1 FAM 240
OFFICE OF THE LEGAL ADVISER (L)
(CT:ORG-448; 05-25-2018)
(Office of Origin: L/M)
1 FAM 241 LEGAL ADVISER (L)
1 FAM 241.1 Responsibilities
(CT:ORG-448; 05-25-2018)
Responsibilities of the Legal Adviser are:
(1) Advises and represents the Bureaus and missions of
the Department; the Secretary and senior leadership; and, through the
Secretary, the Executive Branch on all legal and legal policy issues arising in
connection with U.S. foreign policy and the work of the Department;
(2) Brings legal considerations to bear in formulating
and carrying out U.S. foreign policy and in the administration of the
Department and the Foreign Service;
(3) Reports directly to the Secretary of State;
(4) For administrative purposes, is treated as
equivalent to an assistant secretary;
(5) Participates in international negotiations and
represents the United States in international conferences related to legal
issues, and serves as a member of delegation and legal adviser to Treaty
implementation commissions;
(6) Represents the Department regarding legal concerns
at interagency meetings, congressional hearings, and meetings of private
organizations;
(7) Acts as the Department's point of contact with the
Departments of Justice and Treasury with respect to sensitive law enforcement
operations, prosecutions, and other individual cases that may affect the
conduct of U.S. foreign policy;
(8) Represents the United States in litigation before
international tribunals;
(9) Has lead responsibility on behalf of the
Department for domestic litigation that involves the Department or its
interests, coordinating the views of other Departments when necessary, and
assisting the Justice Department in connection with such litigation;
(10) Serves as Chairman of the Department of State's
Advisory Committee on International Law and the Secretary of States Advisory
Committee on Private International Law;
(11) Authorizes testimony of Department employees and production
of Departmental records in response to legal process;
(12) Exercises general direction over
attorney-advisers, other than those in the Office of Inspector General, who
work-in bureaus other than the Office of the Legal Advisers Office (e.g., CA,
S); pursuant to Section 104(e) of the Immigration and Nationality Act, 8 U.S.C.
1104(e), provides general direction to the Director of the Visa Offices Office
of Legislation, Regulations, and Advisory Assistance (CA/VO/L) through the
Assistant Legal Adviser for Consular Affairs, who fulfills the responsibilities
of General Counsel of the Visa Office provided for in 8 U.S.C. 1104(e); and
(14) Has substantive and coordinating responsibility
for the following Foreign Affairs Manual (FAM) materials:
(a) 1 FAM 240Office
of the Legal Adviser;
(b) 2 FAM 210Privileges
and Immunities (Introduction and Immunities of U.S. Representatives and
Establishments Abroad);
(c) 2 FAM 230Privileges
and Immunities (Immunities and Liabilities of Foreign Representatives in the
U.S.);
(d) 2 FAM 240Privileges
and Immunities (Customs Privileges Accorded U.S. Representatives Abroad);
(e) 2 FAM 260Privileges
and Immunities (Tax Exemptions Accorded U.S. Representatives Abroad);
(f) 2 FAM 280Privileges
and Immunities (Claims Against the United States);
(g) 2 FAM 500Legal Affairs (Service of Legal Process);
(h) 11 FAM 610Ethics
and Financial Disclosure Programs;
(i) 18 FAM 201.2Executive
Orders, Proclamations and Other Presidential Documents;
(j) 2 FAM 1420International
Organizations Immunities;
(k) 5 FAM 490Use of
Copyrighted Material; and
(l) 11 FAMLegal and Political Affairs.
(15) L also has substantive responsibilities in other
areas of the FAM as applicable.
1 FAM 241.2 Organization
(CT:ORG-204; 02-10-2009)
An organization chart of L is found at Exhibit 241.2.
1 FAM 241.3 Authorities.
(CT:ORG-434; 11-01-2017)
Authorities for the Office of the Legal Adviser (L) are:
(1) 22 U.S.C. 2651a and 2656;
(2) 1 U.S.C. 112a and 112b (collection and
transmission to Congress, and publication of international agreements);
(3) 5 U.S.C. Appendix 101-110 (Ethics in Government
Act of 1978);
(4) 18 U.S.C. 3181, 3184 through 3188, 3193, and 3195
(international extradition);
(5) 22 U.S.C. 1972 (Fishermen's Protective Act);
(6) 22 U.S.C. 2660 (providing copies of treaties to
the Public Printer);
(7) 22 U.S.C. 2669(b) and (f) (international and tort
claims, respectively);
(8) 22 U.S.C. 2698 (procurement of legal services
abroad);
(9) 22 U.S.C. 2710 (expenses of arbitration);
(10) 8 U.S.C. 1104(e) (supervision of the General
Counsel of the Visa Office) and 8 U.S.C. 1503 (Board of Appellate
ReviewL/BAR);
(11) 22 U.S.C. 2668a (claims payment), and
(12) 22 CFR 172.4 and 172.5 (approval of testimony and
production of documents by Department employees, delegated to the Deputy Legal
Advisers by Delegation of Authority No. 352, dated April 3, 2013).
(13) 22 CFR 181 (coordination, reporting, and
publication of international agreements for purposes of implementing 1 U.S.C.
112a and 112b).
(14) The following Delegations of Authority apply:
(a) Delegation of Authority No. 94-1, dated March 6,
1969, from the Secretary to the Legal Adviser and Deputy Legal Advisers to
Perform Functions Under the Fishermens Protective Act (22 U.S.C. 1973 and
1975);
(b) Delegation of Authority No. 108, dated March 9,
1964, from the Secretary to the Legal Adviser and Deputy Legal Advisers to
Settle and Pay Certain Meritorious Claims (presented by foreign governments),
in accordance with 5 U.S.C. 170g (now 22 U.S.C. 2669);
(c) Delegation of Authority No. 142, dated October 18,
1978, from the Secretary to the Legal Adviser of the functions vested in the
Secretary of State by Executive Order 11517, relating to the issuance and
signature of warrants appointing agents to return fugitives from justice
extradited to the United States;
(d) Delegation of Authority No. 166-2, dated May 30,
2008, by the Deputy Secretary to the Legal Adviser and Deputy Legal Advisers to
settle claims under the Federal Tort Claims Act and 22 U.S.C. 26691;
(e) Delegation of Authority No. 167, dated October 27,
1987, by the Secretary to the Legal Adviser, Deputy Legal Adviser, and L/CID,
over records pertaining to arbitration of claims before the U.S.-Iran Claims
Tribunal (50 U.S.C. 1701 note);
(f) Delegation of Authority No. 175-5, dated September
29, 2009, from the Deputy Secretary for Management and Resources to the Legal
Adviser, regarding waiver determinations with respect to financial interests of
Department employees other than the Secretary (18 U.S.C. 208(b)(1) and (3));
(g) Delegation of Authority No. 182, dated January 8,
1990, from the Secretary to the Legal Adviser, re-delegating authority received
from USAID regarding ten Iranian development loans (case No. B/38);
(h) Delegation of Authority No. 214, dated September 20,
1994, by the Secretary to the Legal Adviser of the functions vested in the
Secretary by 1 U.S.C. 112a(b);
(i) Delegation of Authority No. 220, dated March 7,
1997, from the Secretary to the Legal Adviser to consult with the Attorney General
to make certain determinations in connection with the institution of a
prosecution in the United States of a U.S. national accused of killing or
attempting to kill a U.S. national in a foreign country (18 U.S.C. 1119);
(j) Delegation of Authority No. 268-1, dated August 7,
2003, from the Deputy Secretary to the Legal Adviser, to receive complaints of
discrimination submitted by or against employees of S/OCR and to assign
complaints for investigation, if warranted;
(k) Delegation of Authority No. 282, dated July 15,
2005, from the Secretary to the Legal Adviser and Deputy Legal Advisers the
function vested in the Secretary relating to the referral to the Foreign Claims
Settlement Commission of categories of claims against foreign governments (22
U.S.C. 1623(a)(1)(C)); and
(l) Delegation of Authority No. 293-2, dated October
11, 2011, from the Secretary to the Legal Adviser, of:
(i) The functions conferred upon the President by
sections 601(b)(3), 601(b)(4) (compliance with free trade agreements), and 620(e)(2)
(application of the act of state doctrine) of the Foreign Assistance Act of
1961, and
(ii) Responsibility for ensuring compliance with the
Case Act (1 U.S.C. 112b) and applicable regulations and procedures, including
the Circular 175 procedure, with respect to international agreements.
(15) Other authorities, as appropriate.
1 FAM 242 DEPUTY LEGAL ADVISERS
(CT:ORG-204; 02-10-2009)
a. On behalf of the Legal Adviser, the Deputy Legal
Advisers direct and carry out responsibilities concerning provision of legal
advice and services and provide effective and coordinated supervision of the
legal activities of the bureau.
b. The Principal Deputy Legal Adviser also acts as the
bureaus Chief Management Official and chairs the Deputies Committee. The
Principal Deputy also serves as the Departments Designated Agency Ethics
Official. In accordance with the Federal Vacancies Reform Act of 1998, the
Principal Deputy serves as Acting Legal Adviser in the event that the position
of Legal Adviser is vacant.
1 FAM 243 COUNSELOR, INTERNATIONAL LAW
(CT:ORG-204; 02-10-2009)
a. Assists the Legal Adviser in advising the Secretary
and, through the Secretary, the President and the officers and bureaus of the
Department, on the domestic and international law aspects of national policy,
positions, and plans relating to international affairs.
b. Acts as liaison officer for the Legal Adviser within
the academic community, bar associations, and other institutions involved in
the practice and development of international law.
c. Provides specialized advice, conducts long-term
studies, and directs complex and often politically sensitive projects as
assigned by the Legal Adviser.
d. Responds to requests for advice from the deputies,
assistant legal advisers, and other attorneys within the Office of the Legal
Adviser.
1 FAM 244 EXECUTIVE DIRECTOR (L-H/EX)
(CT:ORG-391; 05-20-2016)
a. Directs administrative management and support
activities within the Office of the Legal Adviser, including program planning,
administrative policy development, budget planning and control, financial
management, personnel management and services, information systems management,
general office services and property management, security, management analysis
and evaluation, procurement and contracting, internal communications,
electronic and paper records management.
b. Serves as the internal control manager for the
Office of the Legal Adviser and establishes and maintains internal management
controls to prevent waste, fraud, abuse, and mismanagement of the bureau's
resources. Periodically assesses the relative vulnerability of the bureau's
internal control areas, conducts internal control reviews, and corrects
identified problems.
c. Accepts legal service on behalf of the Secretary of
State and Department of State officials in their official capacities.
1 FAM 245 GEOGRAPHIC ASSISTANT LEGAL
ADVISERS
(CT:ORG-139; 06-15-2005)
The geographic legal offices:
(1) Provide legal advice to their respective
geographic bureaus;
(2) Work closely with officers of the Department and
other interested agencies within the foreign policy community; and
(3) Provide both formal and informal legal advice on
questions of international and domestic law, including the drafting and
interpretation of international agreements, domestic statutes, executive
orders, and other legal documents.
1 FAM 245.1 African and Near
Eastern Affairs (L/AN)
(CT:ORG-204; 02-10-2009)
Provides legal advice on matters relating to Africa and
the Near East.
1 FAM 245.2 East Asian and Pacific
Affairs (L/EAP)
(CT:ORG-278; 07-24-2012)
Provides legal advice on matters relating to East Asia and
the Pacific region.
1 FAM 245.3 European and Eurasian
Affairs (L/EUR)
(CT:ORG-204; 02-10-2009)
Provides legal advice on matters relating to Europe and
Eurasia, including the independent states of the former Soviet Union, except
for Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan.
1 FAM 245.4 Western Hemisphere
Affairs (L/WHA)
(CT:ORG-204; 02-10-2009)
Provides legal advice on matters relating to the Western
Hemisphere, including U.S. participation in the Organization of American
States.
1 FAM 245.5 Afghanistan, Pakistan,
South and Central Asian Affairs (L/ASCA)
(CT:ORG-278; 07-24-2012)
Provides legal advice on matters relating to Afghanistan,
Bangladesh, Bhutan, India, Kazakhstan, Kyrgyzstan, Maldives, Nepal, Pakistan,
Sri Lanka, Tajikistan, Turkmenistan, and Uzbekistan.
1 FAM 246 FUNCTIONAL ASSISTANT LEGAL
ADVISERS
(CT:ORG-139; 06-15-2005)
The functional legal offices provide legal advice to the
various functional bureaus, other officers and bureaus of the Department, and
other government entities on matters within their special competence.
1 FAM 246.1 Nonproliferation and
Arms Control (L/NPA)
(CT:ORG-434; 11-01-2017)
a. Provides legal guidance and assistance to the
Department, and primarily the Bureau of Arms Control and Bureau of
Verification, Compliance and Implementation, on negotiation, interpretation,
and implementation of arms control agreements and initiatives including: START,
INF, Moscow Treaty; Conventional Forces in Europe, Vienna Document 1999, Open
Skies Treaty; the Chemical Weapons Convention and the Biological Weapons
Convention; agreements on transfers of landmines; the nuclear test-ban
treaties; and agreements to protect and dispose of plutonium and other fissile
materials.
b. Provides legal advice and assistance as required by
the Bureau of International Security and Nonproliferation and other bureaus in
the Department on matters relating to:
(1) Nuclear energy and technology, nuclear policy and
operations, peaceful international nuclear cooperation, nuclear export
activities, nuclear nonproliferation sanctions and initiatives, and military
applications of nuclear energy, including implementation of the Nuclear
Non-Proliferation Act of 1978 and the Atomic Energy Act of 1954, as amended;
(2) Nonproliferation issues related to missiles and
chemical and biological weapons, including implementation of sanctions laws and
export control laws, negotiation and implementation of technology safeguards
agreements in connection with satellites and space-launch vehicles, and issues
related to remote sensing;
(3) Implementation of sanctions provisions related to
lethal military equipment transfers to terrorism-list countries;
(4) Interpretation, implementation, and strengthening
of the Nuclear Non-Proliferation Treaty, the four principal multilateral export
control regimes, the Statute and safeguards agreements of the International
Atomic Energy Agency, nuclear weapons-free zones, and other international
initiatives to curb proliferation;
(5) Formulation of U.S. response to proliferation
activities by countries of proliferation concern; and
(6) Establishment, funding, and implementation of
proliferation-related assistance programs and agreements, including those
related to the Nonproliferation and Disarmament Fund, science centers, export
controls and border security, protection and disposition of plutonium and other
fissile materials, and weapons program dismantlement.
c. Assists in drafting laws, regulations, procedures,
and agreements related to the foregoing areas of practice.
1 FAM 246.2 Buildings and
Acquisitions (L/BA)
(CT:ORG-204; 02-10-2009)
Provides legal advice and representation in:
(1) Solicitation, award, and administration of Federal
acquisition contracts;
(2) Acquisition, development, and disposition of real
property abroad and domestically;
(3) Negotiation and mediation of contract claims and
agency bid protests;
(4) Direct representation in contract appeals before
the Civilian Board of Contract Appeals and bid protests to the Government
Accountability Office; and coordination with the Department of Justice
representation in acquisition matters in Federal and foreign courts;
(5) Management of Government property domestically and
abroad;
(6) Drafting and interpretation of Federal acquisition
laws, regulations, and policies;
(7) Oversight and administration of employee
associations and American schools at posts abroad; and
(8) Grant and cooperative agreement law, regulations,
policies, and administration.
1 FAM 246.3 Consular Affairs (L/CA)
(CT:ORG-204; 02-10-2009)
a. Provides legal advice and supports interagency
efforts and international negotiations concerning visas; immigration,
repatriation, sharing of information with foreign governments; parole,
citizenship, and passport issues; the protection of and provision of benefits
and services to U.S. citizens abroad; international childrens issues;
international judicial assistance; and the performance of other consular
functions by U.S. consular officers or U.S. protecting powers abroad.
b. Provides general legal advice on the performance of
consular functions by foreign consular officers in the United
States and on U.S. obligations relating to the performance of such functions.
c. Handles international, foreign, and domestic
litigation and witness requests relating to the performance of consular
functions.
d. Provides legal advice regarding consular fees,
legislative proposals related to passport, visa, or other consular operations;
disclosure of visa and consular information, and other management issues
relevant to the operations of the Bureau of Consular Affairs.
e. Fulfills the responsibilities of General Counsel of
the Visa Office provided for in 8 U.S.C. 1104(e).
1 FAM 246.4 Diplomatic Law and
Litigation(L/DL)
(CT:ORG-434; 11-01-2017)
Provides legal advice and assistance with respect to
issues involving diplomatic law to the Office of Foreign Missions (M/OFM), the
Chief of Protocol (S/CPR) , and other officers, agencies, and departments as
required, operationally and in domestic and foreign litigation. Substantive
responsibilities relate particularly to the following areas:
(1) Interpretation and application of international
agreements and domestic statutes pertaining to U.S. and foreign diplomatic and
consular missions and personnel, including the Vienna Convention on Diplomatic
Relations, the Vienna Convention on Consular Relations, the Diplomatic
Relations Act, and the Foreign Missions Act;
(2) Legal issues concerning the status, privileges,
and immunities of international organizations, their personnel, and missions of
states members in the United States under the International Organizations
Immunities Act and relevant headquarters agreements;
(3) Legal issues relating to immunity of foreign
states and governmental officials in the United States, including
interpretation and application of the Foreign Sovereign Immunities Act;
(4) Legal issues relating to immunity of the U.S.
Government and its personnel abroad, including in the context of litigation;
(5) Legal issues relating to head of state immunity;
and
(6) Related legal issues and projects arising in the
context of civil litigation, for example under the Alien Tort Statute.
1 FAM 246.5 Economic and Business
Affairs (L/EB)
(CT:ORG-139; 06-15-2005)
a. Provides legal advice on all aspects of
international economic policy, including economic sanctions, export and import
controls, terrorism finance, international trade and trade agreements,
antitrust, civil aviation, maritime, energy, investment protection (including
under bilateral investment and Friendship, Commerce, and Navigation treaties
and, with L/CID, expropriation matters), international telecommunications and
information policy, tax, monetary affairs, debt, intellectual property, and
U.S. Government guarantee and insurance programs.
b. Is responsible for the issue of extraterritorial
application of U.S. laws insofar as those laws have an economic dimension.
1 FAM 246.6 Employment Law (L/EMP)
(CT:ORG-278; 07-24-2012)
a. Advises Department officials on issues involving the
Foreign Service Act, Title VII of the Civil Rights Act, the Rehabilitation Act,
the Ethics in Government Act of 1978, the Hatch Act, the Civil Service
authorities in Title V of the United States Code, and other laws, Executive
Orders, and regulations.
b. Provides legal advice and services to the Director
General of the Foreign Service and Director of Personnel, and others involved
in the management of the Department's human resources and labor relations
matters.
c. Advises the Director of Medical Services on a range
of legal issues, including medical clearances, disability and reasonable
accommodation, and access to health units or medical services.
d. Conducts litigation, including representation of the
Department at administrative hearings, before the Equal Employment Opportunity
Commission, the Merit Systems Protection Board, labor arbitrators, and the
Foreign Service Grievance Board, and supports U.S. Government efforts in personnel
litigation in Federal courts.
1 FAM 246.7 Human Rights and
Refugees (L/HRR)
(CT:ORG-139; 06-15-2005)
Provides legal advice to the Department on human rights
and refugee matters in foreign affairs, in both bilateral and multilateral
contexts, including promotion of democracy and rule of law programs, worker
rights and international labor issues, asylum, migration, and population
issues; negotiation and ratification of human rights treaties; and
interpretation and application of domestic laws related to human rights and
refugees.
1 FAM 246.8 International Claims
and Investment Disputes (L/CID)
(CT:ORG-139; 06-15-2005)
Provides legal advice and representation, and coordinates
activities within and outside the Department, with respect to all aspects of
international claims and investment disputes, including:
(1) Claims under international law by the United
States and U.S. nationals against foreign governments, and by foreign
governments and foreign nationals against the United States, from inception
through settlement, including questions of domestic and international law and
standards of compensation; expropriation; other international property and
investment disputes; claims for denial of justice, war damage, mob violence,
wrongful death, personal injury, expulsion, and imprisonment; espousal of
claims, negotiation of lump sum settlements, and presentation of claims before
dispute settlement bodies; and tort claims, domestic law, and litigation
relating to all the foregoing;
(2) Claims pending before the Iran-United States
Claims Tribunal in The Hague and claims against Iraq before the United Nations
Compensation Commission in Geneva; policies pertaining to, and legal positions
taken before, the Tribunal and the Commission; and associated litigation in the
United States;
(3) Claims under the investment chapter of the North
American Free Trade Agreement (Chapter Eleven), including representation of the
United States in claims by Canadian and Mexican investors and presentation of
U.S. views on issues of treaty interpretation in claims against Canada and
Mexico;
(4) Claims against foreign states of the Overseas
Private Investment Corporation under the dispute provisions of bilateral
investment guarantee and investment incentive agreements;
(5) Claims against the United States, and
state-to-state claims against foreign states for espousable claims, under the
dispute provisions of bilateral and other investment agreements and the
investment provisions of free trade agreements;
(6) Promotion of international investment dispute
settlement machinery and related issues in bilateral or multilateral fora;
development of claims resolution processes to assist efforts to resolve
disputes between third countries and nationals; assistance in drafting
investment and investor-State provisions in free trade agreements and,
bilateral, and other investment agreements; and participation in interagency
investment-related policymaking fora; and
(7) Coordination of activities within the Department,
with other agencies, and with Congress regarding compensation for acts of
international terrorism, including assistance with litigation in U.S.
courts involving the attachment of diplomatic and non-diplomatic blocked
property.
1 FAM 246.9 Law Enforcement and
Intelligence (L/LEI)
(CT:ORG-139; 06-15-2005)
a. Provides legal advice and services on international
aspects of law enforcement matters, including the international extradition of
fugitives, legal assistance in the administration of justice in criminal
matters, international anti-corruption enforcement, and international
counter-terrorism efforts.
b. Negotiates bilateral extradition and mutual legal
assistance treaties and multilateral terrorism and law enforcement treaties,
including on corruption, organized crime, cyber crime, and trafficking in
persons.
c. Provides legal advice to the Bureau of Intelligence
and Research on domestic and international legal aspects of intelligence
matters, including coordination with appropriate agencies in connection with
legislation, regulations, and litigation concerning intelligence activities.
Provides legal advice to Department policy bureaus on international
anti-narcotics, anti-terrorism, corruption, and trafficking in persons issues,
and to the Bureau of Diplomatic Security on law enforcement issues.
1 FAM 246.10 General Management
(L/M)
(CT:ORG-434; 11-01-2017)
a. Provides legal advice to the Bureau of Diplomatic
Security, the Bureau of Budget and Planning, the Bureau of the Comptroller and
Global Financial Services, and the Bureau of Information Resources Management,
and other officers and bureaus in the Department on matters relating to the
responsibilities of these bureaus, including law enforcement and protection
authorities and responsibilities, fiscal and appropriations law; interaction
with the Government Accountability Office; and issues relating to the Federal
Advisory Committee Act and eGovernment requirements.
b. Provides legal advice to the Bureau of
Administration, the Bureau of Human Resources, and other officers and bureaus
in the Department on matters relating to travel and allowances, evacuations,
authentications, directives, regulations, the Federal Records Act, the
Paperwork Reduction Act, the Freedom of Information Act, the Privacy Act,
classification and release of documents, and other information law.
c. Provides legal advice to the Bureau of Legislative
Affairs and other officers and bureaus in the Department on matters relating to
communications with Congress on a variety of issues, including Congressional
requests for information or documentation.
d. Provides legal advice to the office of the Under
Secretary for Management and other offices and bureaus in the Department on a
number of general management and administrative questions, including Department
of State and Chief of Mission authorities, but not including personnel,
procurement, buildings, or ethics.
e. Coordinates and prepares the Department of States
submission to the Unified Agenda of Federal Regulatory and Deregulatory
Actions.
f. Working with the Bureau of Budget and Planning and
the Bureau of the Comptroller and Global Financial Services, provides legal
advice and overall direction for the garnishment program for Department and
other foreign affairs agency employees and retirees.
g. Provides legal advice to the Bureau of Diplomatic
Security, the Office of War Crimes Issues, and other Department officials in
connection with the Rewards for Justice Program.
1 FAM 246.11 Legislation and
Foreign Assistance (L/LFA)
(CT:ORG-434; 11-01-2017)
a. Provides legal advice to the Bureau of Legislative
Affairs, the Bureau of Budget and Planning, the Bureau of the Comptroller and
Global Financial Services, and other officers and bureaus in the Department on
matters relating to:
(1) Appropriations and authorization legislation and
other legislative initiatives regarding Department of State and Foreign
Operations funding and other Department of State authorities;
(2) The implementation of foreign assistance programs
authorized under the Foreign Assistance Act, Arms Export Control Act, Migration
and Refugee Assistance Act, or other authorizing legislation, including
programs providing economic, military, humanitarian and peacekeeping
assistance, HIV/AIDS and Millennium Challenge Corporation assistance, and migration
and refugee assistance;
(3) The implementation of sanctions legislation
related to the provision of foreign assistance;
(4) Legislative aspects of other related programs,
such as foreign military sales, defense and other technology exports, and Department
of Defense authorities in which the Department has equities.
b. Assists in drafting laws, regulations, procedures,
and agreements related to the foregoing areas of practice.
1 FAM 246.12 Oceans, International
Environmental and Scientific Affairs (L/OES)
(CT:ORG-204; 02-10-2009)
Provides legal advice and assistance to the Bureau of
Oceans and International Environmental and Scientific Affairs and other U.S.
Government agencies concerning the development, negotiation, interpretation,
and application of customary and conventional international law, as well as
domestic law, relating to:
(1) Oceans, including the law of the sea, fisheries,
maritime boundaries, marine pollution, marine mammals, deep seabed mining,
maritime drug interdiction, marine scientific research, navigation and
overflight freedoms, and baselines;
(2) The environment and conservation, including marine
pollution, trans-boundary air pollution, climate change, biodiversity,
stratospheric ozone depletion, biotechnology, desertification, forests,
wetlands, energy efficiency, transboundary pollution, hazardous wastes, trade
and environment, environmental impact assessment, endangered species, protected
marine species, the UN Commission on Sustainable Development, the UN
Environment Programme, war and the environment, liability for environmental
damage, and financial assistance to developing countries;
(3) Scientific and technological affairs, including
issues related to technology transfer and intellectual property rights;
(4) Outer space, including the UN Treaties and
Principles on Outer Space, Space Station agreements, and cooperation
agreements;
(5) Polar affairs, including all matters related to
the Antarctic Treaty system; and;
(6) International health issues, including matters relating
to avian influenza and other diseases.
1 FAM 246.13 Political-Military
Affairs (L/PM)
(CT:ORG-139; 06-15-2005)
a. Provides legal advice and assistance to the Bureau
of Political-Military Affairs, others in the Department, and other agencies on matters
relating to:
(1) Global military and political-military activities,
including use of force, base rights and status of forces agreements, foreign
military claims, and suits against U.S. armed forces;
(2) Foreign military assistance, including technical
assistance, foreign military sales, and security assistance;
(3) Military applications of space technology;
(4) Munitions export control and naval vessel loans
program;
(5) Disarmament;
(6) U.S. and foreign government aircraft, vessels, and
nuclear-powered warships; and
(7) Laws of war including Geneva Red Cross
Conventions, Hague Conventions and Rules, and the Convention on Conventional
Weapons.
b. Assists in drafting related laws, regulations,
procedures, and agreements; and assists in providing the Department with
budgetary input to Congress relating to the above areas.
1 FAM 246.14 Private International
Law (L/PIL)
(CT:ORG-204; 02-10-2009)
a. Provides legal advice and representation, and
coordinates activities within and outside the Department, concerning the
development and implementation of private international law on topics such as
family law, commercial law, and judicial assistance, including:
(1) U.S. participation in the activities of the UN
Commission on International Trade Law, the Hague Conference on Private
International Law, the International Institute for the Unification of Private
Law, and the private international law activities of the Organization of
American States, and other organizations as appropriate;
(2) U.S. participation in bilateral and multilateral
intergovernmental treaty negotiations and other international activities to
unify and harmonize private international law; and
(3) Department efforts within the executive branch and
vis--vis the Congress and the U.S. academic and legal communities, and U.S.
state governments concerning U.S. ratification or other implementation of
private international law conventions and treaties, enactment of implementing
legislation or adoption of model laws or other legal texts, and development of
procedures for implementation.
b. L/PIL staff also serve as Vice-Chairman and
Executive Director of the Secretary of State's Advisory Committee on Private
International Law.
1 FAM 246.15 Public Diplomacy and
Public Affairs (L/PD)
(CT:ORG-139; 06-15-2005)
a. Provides legal advice on international educational,
cultural, and information exchanges and activities conducted pursuant to the
Mutual Educational and Cultural Exchange Act of 1961, as amended
(Fulbright-Hays), the United States Information and Educational Exchange Act
of 1948 (Smith-Mundt), and other legislation. Substantive areas include the
Exchange Visitor Program, international exchange agreements, world fairs,
restrictions on domestic dissemination of program materials prepared for distribution
abroad, and international broadcasting.
b. Provides legal advice on cultural property issues
and immunity from judicial seizure, pursuant to the Convention on Cultural
Property Implementation Act and the immunity from judicial seizure statute, respectively.
c. Provides legal advice on issues dealing with
informing and influencing the international public about U.S.
policy and American society.
d. Provides legal advice on issues dealing with the
overall public communication strategies of the Department, including the
preparation of materials for public release in the United States, and related
press, copyright, and rights clearance issues.
e. Handles certain other public diplomacy issues,
including residual problems of World War II involving enemy assets, looted
objects, and cultural and artistic property.
1 FAM 246.16 Treaty Affairs (L/T)
(CT:ORG-204; 02-10-2009)
a. Provides legal advice to other offices under the
Legal Adviser, other Department bureaus (including posts overseas), and other
government agencies on all aspects of treaty law and procedure, including
constitutional questions, drafting, negotiation, conclusion, interpretation,
and termination of treaties; and provides notice to Congress (pursuant to the
Case-Zablocki Act) regarding international executive agreements entered into by
the United States.
b. Oversees the Circular 175 procedure, through which
approval is sought for the negotiation, conclusion, and termination of
international agreements.
c. Works closely with the Senate Committee on Foreign
Relations and coordinates the transmittal of treaties to the Senate for advice
and consent to ratification.
d. Oversees the Department's compliance with the
Case-Zablocki Act (1 U.S.C. 112a and 1 U.S.C. 112b), including the reporting of
international agreements other than treaties to Congress.
e. Serves as the principal U.S. government repository
for U.S. treaties and other international agreements.
f. Discharges the U.S. government's function as
depositary for certain multilateral treaties and is responsible for the
registration of treaties and international agreements with the United Nations
pursuant to Article 102 of the Charter of the United Nations and Article 83 of
the Convention on International Civil Aviation.
g. Publishes Treaties in Force (TIF) as of January 1 of
each year and is charged with publication of treaties and international
agreements in the Treaties and Other International Acts Series (TIAS).
1 FAM 246.17 United Nations
Affairs (L/UNA)
(CT:ORG-204; 02-10-2009)
Provides legal advice on issues arising from U.S.
participation in the United Nations system and in international conferences,
such as those concerned with resolutions and other activities of the UN
Security Council, development of international law, dependent territories,
pacific settlement of disputes, peacekeeping, and privileges and immunities.
Substantive areas of responsibility include issues related to UN sanctions, UN
peacekeeping, UN financing, the International Criminal Court, the International
Court of Justice (including representation of the United States in cases before
the Court), issues coming before the Sixth (Legal) Committee of the United
Nations General Assembly, issues coming before the International Law
Commission, representation of the United States and other entities in
international organizations, the status of the United States as host country
for the United Nations and other international organizations, and the Advisory
Committee on International Law.
1 FAM 246.18 Ethics and Financial
Disclosure (L/EFD)
(CT:ORG-278; 07-24-2012)
a. Directs and carries out the financial disclosure
reporting and reviews programs as required by the Ethics in Government Act of
1978, Executive Orders and regulations, and other applicable laws.
b. Responsible for giving direct advice and guidance on
ethics matters to the Secretary and other personnel in the Department and at
its posts abroad in over 180 countries.
1 FAM 247 THROUGH 249 UNASSIGNED