UNCLASSIFIED (U)

3 FAM 7220

PROCESSING FOR EMPLOYMENT

(CT:PER-1000;   06-18-2020)
(Office of Origin:  GTM/OE)

3 FAM 7221  APPLICATION

(CT:PER-937;   12-14-2018)
(State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)

Each applicant for employment should complete, or have someone complete for them, four copies (three if at a post where a regional security officer is assigned) of Form DS-174, Application for Employment as a Locally Employed Staff or Family Member.  See 3 FAH-2 H-300 for procedures for processing employment of Locally Employed (LE) Staff.

3 FAM 7222  SECURITY AND SUITABILITY INVESTIGATION

3 FAM 7222.1  Policy

3 FAM 7222.1-1  Initial Appointment

(CT:PER-937;   12-14-2018)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)

Heads of overseas establishments may appoint LE Staff only after:

(1)  A personal interview has been conducted;

(2)  A completed Form DS-174, Application for Employment as a Locally Employed Staff or Family Member, has been reviewed;

(3)  All appropriate host government and post records have been checked; and

(4)  At least a temporary security certification, good for 120 days, has been issued by the post security officer. The post security officer may issue extensions of the initial 120 day temporary security certification.

3 FAM 7222.1-2  Employment With Temporary Security Clearance

(CT:PER-237;   01-01-1995)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)

Employment beyond 120 days of persons hired with only a temporary security certification is contingent upon completion of a detailed local security and suitability investigation, review of each case by the appropriate regional security office, and issuance of a final security certification by the regional security officer.

3 FAM 7222.1-3  PSCs and TCNs

(CT:PER-937;   12-14-2018)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)

Personal services contract (PSC) employees and TCNs will be subject to the same investigative and certification procedures as LE Staff.

3 FAM 7222.1-4  Foreign Contractors

(CT:PER-937;   12-14-2018)
(Uniform State/USAID/Commerce/Agriculture)

Foreign contractors and their employees will be subject to the same investigative and certification procedures as LE Staff when the proposed contract requires or permits:

(1)  Services to be rendered in a manner or under working conditions similar to those prevailing for LE Staff; or

(2)  Regular and emergency maintenance services not under surveillance to be performed in U.S. Government occupied office space.

3 FAM 7222.1-5  Recertification

(CT:PER-937;   12-14-2018)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)

Recertification is required when:

(1)  The certification of LE Staff, TCN employee, or contractor has not been revalidated within the past five years; or

(2)  A contractor’s services have not been used for a period of one year.

3 FAM 7222.2  Procedures

(CT:PER-937;   12-14-2018)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)

See 3 FAH-2 H-300.

3 FAM 7223  MEDICAL REQUIREMENTS

(CT:PER-937;   12-14-2018)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)

Candidates for appointment as LE Staff must be examined prior to appointment as required in 3 FAM 7130.

3 FAM 7224  EMPLOYMENT CONDITIONS AND PROHIBITIONS

3 FAM 7224.1  Employee Conduct Regulations

(CT:PER-937;   12-14-2018)
(Uniform State/Commerce/Agriculture (Applies to Locally Employed Staff Only) (USAID: Applies to Foreign Service National Direct Hires Only)

The agency head at each mission is responsible for informing Locally Employed (LE) Staff working in their agency of the Government-wide standards of conduct in 5 CFR Part 2635, the uniform State/USAID/Commerce/Agriculture policy in 3 FAM 4100 on employee responsibilities and conduct, as applicable to LE Staff, and any relevant mission policies and employee handbooks.  For USAID, see the Agency’s policies in ADS 495 regarding FSN Standards of Conduct.

3 FAM 7224.2  Other Conditions of Employment

(CT:PER-937;   12-14-2018)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)

Employees must also be informed of the following additional conditions.

3 FAM 7224.2-1  Host Government Laws and Regulations

(CT:PER-937;   12-14-2018)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)

a. LE Staff personnel programs conform as closely as feasible with local law and prevailing practice, but must be based on and administered in accordance with U.S. laws and regulations.

b. All LE Staff are obligated to observe the laws of the host government, including those concerning income and related tax obligations.  In the absence of Department approval, the U.S. Government will not withhold foreign tax from an employee’s salary, and payment of such taxes is a matter between the employee and the host government:

(1)  Post should ensure that LE Staff are aware of their obligations to comply with all tax responsibilities.

(2)  An employee may find it helpful to make an allotment of pay to a savings account upon which to draw to meet a tax obligation.

(3)  For State, see 4 FAH-3 H-548.

(4)  For USAID, see the Agency’s policies in ADS 495 Position Classification, and Pay.

3 FAM 7224.2-2  Accessing U.S. Government Information

(CT:PER-937;   12-14-2018)
(Uniform State/Commerce/Agriculture: Applies to Locally Employed Staff Only) (USAID: Applies to Foreign Service National Direct Hires Only)

a. LE Staff must comply with all requirements relating to accessing and using U.S. Government information and must not access such information unless authorized to do so.  (See 5 FAM regarding limited access to administratively controlled information and 12 FAM relating to access to classified information.)

b. For USAID, see the Agency’s policies in ADS 552 and 12 FAM 500 regarding the protection of information and information systems.

3 FAM 7224.2-3  U.S. Citizenship

(CT:PER-937;   12-14-2018)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)

a.  An LE Staff who has or obtains U.S. citizenship is entitled to receive wages that at least meet the U.S. federal minimum wage.  If a U.S. citizen LE Staff’s salary under the Local Compensation Plan does not meet or exceed the U.S. federal minimum wage, a supplement will be authorized to raise the salary to the U.S. federal minimum wage.  Once the LE Staff’s salary under the Local Compensation Plan otherwise meets or exceeds the U.S. federal minimum wage, the supplement will no longer be authorized and must be discontinued.

b.  In addition to tax obligations under local law, LE Staff who are U.S. citizens or have U.S. Legal Permanent Resident status are required to pay U.S. income and related taxes, and these taxes will be withheld from the LE Staff’s compensation by the U.S. Government.  LE Staff must immediately notify post management if they have or obtain U.S. citizenship or U.S. Legal Permanent Resident status.

c.  For USAID:  FSN and TCN direct-hire employees, the HCTM/OHCI/FSN Unit provides guidance on issues concerning the termination of employment when such employees obtain U.S. citizenship.

3 FAM 7224.2-4  Union Participation

(CT:PER-937;   12-14-2018)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)

a. Title VII of the Civil Service Reform Act of 1978 Public Law 95-454, and chapter 10 of the Foreign Service Act of 1980, are not applicable to LE Staff.

b. Post management may not recognize LE Staff unions, as such unions are not subject to the controls that exist in the relationship between a U.S. union and the Federal employee.

c. If approached by a union through the host government, the Mission may cooperate with the host government to the extent of distributing union informational matter.  It will make clear to the host government and LE Staff that it cannot recognize the union as a bargaining agent and that the Mission is not responsible for the content of the material, cannot participate in any membership drive or other activity of the union, and cannot encourage LE Staff to join the union.

d. Any payment of union dues is on a voluntary basis, and a check-off of union dues is prohibited.

3 FAM 7224.2-5  Prohibition Against Striking

(CT:PER-937;   12-14-2018)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)

As set forth in 5 U.S.C. 3333 and its implementing regulations, all LE Staff are required to complete an affidavit upon entry on duty affirming that they will not participate in a strike against the U.S.  Government. Notwithstanding failure to affirm the employee’s understanding of this prohibition, all LE Staff are subject to the limitation of 5 U.S.C. 7311 that an employee may not participate in a strike against the U.S. Government.  Such participation is grounds for termination.

3 FAM 7224.2-6  Drug Free Workplace

(CT:PER-937;   12-14-2018)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)


The U.S. Government is committed to maintaining a drug-free workplace as described in 3 FAM 2110, and this extends to U.S. Missions abroad, regardless of what substances may be legal in a specific country.  For USAID:  See ADS Chapter 410 for policy and procedures for promoting a drug-free work environment.

3 FAM 7225  THROUGH 7229  UNASSIGNED

UNCLASSIFIED (U)