2 FAM 400
OPENING, CLOSING, OR CHANGING THE STATUS OF A FOREIGN POST
OPENING, CLOSING, OR CHANGING THE STATUS OF A FOREIGN POST
(CT:GEN-615; 03-07-2025)
(Office of Origin: M/SS)
2 FAM 411 Purpose and scope
(CT:GEN-615; 03-07-2025)
a. The purpose of this chapter is to provide a framework for opening, closing, and changing the status of a foreign post. Note that this framework establishes the requirements for changing the status of a foreign post, however, it does not cover every possible situation.
b. For the purposes of the 2 FAM 400 series chapter, “opening, closing, or changing the status of a foreign post” refers to the physical location of a diplomatic mission (2 FAM 111.2) or consular post. Additionally, for purposes of these processes, consular posts include American Presence Posts (APP), and consular agencies. Whether a liaison office or special office is a diplomatic mission or consular post will depend on the circumstances. Consult with the Office of the Legal Adviser, Diplomatic Law (L/DL) if there are further questions.
c. This framework applies where the Department does not currently have an official facility and/or intends to resume operations at a post that has been suspended for an extended period, typically more than six months, or when the original post location can no longer be used.
2 FAM 412 opening a foreign post
(CT:GEN-615; 03-07-2025)
2 FAM 412.1 Overview
(CT:GEN-615; 03-07-2025)
a. The Department’s diplomatic facilities project ideals of United States of America’s leadership, symbolize our international commitments and the ties between our nation and our hosts, and help model a modern, inclusive, and productive workplace. They must embody our global aspirations and functionally serve and protect the people who work within them. This post opening framework is intended to enable the efficient and cost-effective establishment of diplomatic platforms that advance foreign policy and national security objectives while appropriately protecting personnel, information, and infrastructure. Stakeholders should be guided by the principle that it is not possible to eliminate all risks. Security, cost, and mission effectiveness must all be balanced with the risk of inaction, in line with established enterprise risk management principles found in 2 FAM 030, including by enabling decision-making at the lowest possible levels.
b. These guidelines are intended to ensure a coordinated approach and that decisions are properly document.
c. Any necessary acceptance of the host government must precede public disclosure of a post’s opening.
d. Use of interim or temporary facilities may allow the Department to establish a post more quickly and at lower cost. In such cases, missions and bureaus must identify an initial set of functions and personnel footprint to perform mission-critical tasks for a defined period of time, while planning for expansion or relocation over the longer term. Additional congressional consultation or notification requirements may apply to such interim or temporary facilities.
e. Facilities must comply with security regulations, including Secure Embassy Construction and Counterterrorism Act requirements and/or Overseas Security Policy Board standards. Waivers and/or exceptions, respectively, may be requested when required. Security planning should aim to enable mission effectiveness and represent responsible stewardship of financial resources.
f. Opening, closing, or changing the status of a post typically requires completion of Congressional consultation and notification procedures.
g. Exhibits detailing procedural aspects of post opening can be found in 2 FAH-5 H-001.1.
2 FAM 412.2 FRAMEWORK FOR OPENING A FOREIGN POST
(CT:GEN-615; 03-07-2025)
2 FAM 412.3 Decision-Making Authority to Open a Post or Resume Operations
(CT:GEN-615; 03-07-2025)
The final decision to open a post, subject to Congressional consultation and notification procedures, host government approval, and waivers and exceptions as required, is made by:
|
Secretary of State |
Diplomatic missions (i.e., U.S. embassies) and U.S. missions to IOs and other multilateral missions, with the President making the final decision concerning the establishment of diplomatic relations with a foreign state.* |
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Deputy Secretary of State (D) |
Consular posts or embassy branch offices that are, or are likely to be, High Threat High Risk (HTHR) posts.* |
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Under Secretary for Management (M) |
Consular posts or embassy branch offices that are not HTHR. |
*The Senior Committee on Overseas Risk Evaluation provides a recommendation to the Secretary or the Deputy Secretary, as appropriate, regarding opening or resuming operations at diplomatic posts that are, or are likely to be, HTHR posts, as determined by the Bureau of Diplomatic Security (see 2 FAM 470)
2 FAM 412.4 Decision-Making Framework to Open a Post
(CT:GEN-615; 03-07-2025)
a. Any mission, office, bureau, or foreign affairs agency may initiate a request to open a post. Regardless of where the request originates, the relevant regional bureau must concur that there is a basis to proceed and agree to lead formal consultations; disagreements between the regional bureau and initiating office, bureau, or agency are adjudicated by D-MR (or D if there is no D-MR).
b. There are three phases in the post opening framework:
(1) Phase I – Justification (2 FAH-5 H-111.2)
(2) Phase II – Mission Requirements (2 FAH-5 H-111.3)
(3) Phase III – Detailed Planning and Presence (2 FAH-5 H-111.4)
c. All phases require an approved Action Memo to the appropriate principal as outlined in the coordinating phase subsection of the FAH before moving to the next phase. Wherever possible, required actions by stakeholder bureaus should be worked concurrently during each phase. Regardless of urgency, the post opening framework displayed in the corresponding 2 FAH-5 H-110, Opening a Foreign Post Handbook is required to open all posts. Consultation with congress must take place prior to Phase 3, and congressional feedback or the lack thereof in response to the consultation must be reflected in the Phase 3 Action Memo. Thereafter, congressional notification procedures must be completed before funds may be obligated to implement a decision to open a post.
2 FAM Exhibit 412.1(A)
Process Map – Expedited Post Opening
(CT:GEN-615; 03-07-2025)
2 FAM Exhibit 412.1(B)
Process Map - Expedited Post Opening
(CT:GEN-615; 03-07-2025)