4 FAM 360
ACCOMMODATION EXCHANGE
(CT:FIN-489; 02-27-2024)
(Office of Origin: CGFS/FPRA/FP)
4 FAM 361 GENERAL
4 FAM 361.1 Scope and Applicability
(CT:FIN-470; 05-19-2021)
This subchapter contains regulations for engaging in foreign exchange transactions by U.S. disbursing officers (USDO), financial management officers (FMO), Class B cashiers, and personnel under the jurisdiction of a chief of mission. Detailed cashier procedures pertaining to accommodation exchange are contained in Chapter 8 of the Cashier User Guide (CUG).
4 FAM 361.2 Authorities
(CT:FIN-470; 05-19-2021)
Several authorities govern foreign exchange transactions abroad:
(1) 31 U.S.C. 3342, Check Cashing and Exchange Transactions;
(2) Treasury Financial Manual Volume I, Part 2 - Chapter 3200, Foreign Currency Accounting and Reporting; Volume I, Part 4A - Chapter 3000, Requirements for Scheduling Payments Disbursed by the Bureau of the Fiscal Service;
(3) Bureau of the Fiscal Service, U.S. Department of the Treasury, Treasury Reporting Rates of Exchange;
(4) Code of Federal Regulations (CFR), 22 CFR 1203, Employee Responsibilities and Conduct; 22 CFR 1203.735-206, Economic and Financial Activities of Employees Abroad; and 22 CFR 136, Personal Property Disposition at Posts Abroad; and
(5) 22 U.S.C. 4341 through 22 U.S.C. 4343.
4 FAM 361.3 Exceptions
(CT:FIN-470; 05-19-2021)
a. The Bureau of the Comptroller and Global Financial Services, Office of Financial Policy (CGFS/FPRA/FP) is responsible for promulgating and publishing policies for accommodation exchange. Post or bureau officials that seek a change or exception to provisions in 4 FAM 360 should contact the Director, Officer of Financial Policy, CGFS/FPRA/FP.
b. Department of State policies are based on specific legislative authorities, regulations, and good management practices. Changes and exceptions to the 4 FAM 360 policies for accommodation exchange can only be considered for approval by CGFS/FPRA/FP when they do not violate statutory authorities, Federal regulations, or other governing authorities. Changes or exceptions to the regulations may not be approved by the cashier, the cashier’s supervisor, or other Department bureau or post officials.
4 FAM 361.4 Definitions
(CT:FIN-470; 05-19-2021)
Accommodation exchange transaction: The authorized exchange of equivalent monetary values in different forms to authorized persons; for example, foreign currency in exchange for U.S. dollar check(s).
Chief of mission (COM): Chief of mission as defined in the Foreign Service Act of 1980, and principal officers at posts not subject to the administrative jurisdiction of another post (see 1 FAM 013.2, paragraph a).
Eligible family members (EFM): As defined in 3 FAM 7121 and 14 FAM 511.3, a sponsoring employee spouse/domestic partner, children who are unmarried and under 21 years of age or, regardless of age, are incapable of self-support. The term shall include, in addition to natural offspring, stepchildren and adopted children and those under legal guardianship of the employee or the spouse when such children are expected to be under legal guardianship at least until they reach 21 years of age and when dependent upon and normally residing with the guardian. For purposes of this subchapter, eligible family member is the term used in lieu of “dependent” as referred to in 31 U.S.C. 3342.
Foreign exchange: The system by which one currency is exchanged for another. This enables international transactions to take place.
Prevailing rate: The most favorable rate that would be legally available to the U.S. Government for the acquisition of foreign currency for its official disbursements and accommodation exchange transactions.
Reverse accommodation exchange: The exchange of local currency for U.S. dollars.
Sponsor: As required by 31 U.S.C. 3342, for the purpose of this subchapter, sponsor includes those categories of personnel and contractors as listed in 4 FAM 362.1-1, subparagraphs b(1) through b(4).
4 FAM 361.5 Guidelines for Authorizing Accommodation Exchange
(CT:FIN-470; 05-19-2021)
a. The chief of mission should determine through a decision memorandum, no less than every five years, whether accommodation exchange services will be provided at the post. The chief of mission considers the availability of U.S.-owned foreign currency in the country and satisfactory local banking and/or automatic teller machine (ATM) facilities for obtaining the currency before determining if these services by the Class B cashiers should be authorized. Periodically the Office of Global Disbursing Operations (CGFS/DO) will request that the post revalidate its rationale for providing accommodation exchange.
b. The chief of mission takes into consideration the following when determining if accommodation exchange services by the Class B cashiers should be authorized:
(1) Individuals are required to obtain their foreign exchange through regular commercial banking facilities, ATMs, or currency exchange businesses if such facilities are adequate, secure, and convenient, and arrangements can be made for the cashing of U.S. Treasury checks and personal checks. An exception may be made for newly arrived permanent personnel, and temporary personnel (e.g., employees on TDY or VIP visits) whose stay is not of such duration to warrant setting up personal banking arrangements; and
(2) When satisfactory local commercial banking facilities, ATMs or currency exchange businesses are available for the purchase of U.S. dollars with foreign currency, personnel should normally be required to use these facilities.
c. Having the Class B cashier provide accommodation exchange increases the amount of the cashier advance and creates a greater risk of the cashier receiving a debit voucher. If post wishes to provide accommodation exchange on-site and local conditions permit, the post should pursue having a commercial bank or USDO approved licensed exchange, rather than the cashier, provide this service.
4 FAM 361.5-1 Authorized Transactions
(CT:FIN-470; 05-19-2021)
a. When authorized by the chief of mission, the Class B cashiers can conduct all types of accommodation exchange described in this subchapter. This accommodation exchange service is not a substitute for private banking. Transactions that can be handled through an individual’s private bank or through a private banking service located at the embassy should not be authorized (e.g., paying employees’ personal bills through the cashier’s operation, purchase of a privately owned vehicle, purchase of a residence).
b. The Class B cashiers are authorized to pay out foreign currency in exchange for U.S. currency and U.S. dollar instruments or through electronic applications (e.g., pay.gov) approved by the USDO, as well as in exchange for foreign currency checks drawn by the USDO on official checking accounts. The Class B cashiers may perform other accommodation exchange transactions only with special written authorization from the FMO in conjunction with the USDO, such as conversion from one local currency to a different local currency (see CUG Chapter 8 for special procedures).
4 FAM 361.5-2 Compliance With Laws and Regulations
(CT:FIN-470; 05-19-2021)
Whenever accommodation exchange services are established, the chief of mission or designee takes actions necessary to assure that all accommodation exchange is performed in full compliance with U.S. Government and host government laws and regulations; and that all American Government personnel are familiar with the provisions in 3 FAM 4123 and 22 CFR 1203.735-206, Economic and Financial Activities of Employees Abroad. The chief of mission has the authority to require all U.S. Government employees to obtain their foreign currency through U.S. Government facilities when the chief of mission deems it necessary to assure full compliance.
4 FAM 361.5-3 Cashing Negotiable Instruments
(CT:FIN-470; 05-19-2021)
a. In consultation with the servicing USDO, the FMO or the management officer will set a per check or per day limit on the amount of foreign currency that can be purchased from the Class B cashier. Normally, this limit will be not more than $1,000, with a minimum check amount of $50. Exchange is provided if the presenter is eligible for accommodation exchange in accordance with 4 FAM 362.1-1.
b. Checks may be cashed for other U.S. citizens who have been previously designated as having official business with the embassy, such as Congressional and Congressional staff delegations, only when approved by the chief of mission or other designated official. Designations of such individuals are normally included in telegrams or other official communications from the Department, other agencies, or other embassies.
c. Dollar checks or payments received through an approved electronic application (e.g., pay.gov) must be drawn on banks or branches located in the United States, made payable through a U.S. bank.
d. Cashiers are authorized to accept first-party personal checks and first-party travelers checks from persons authorized to make accommodation exchange, only if the checks are payable to the “American Embassy,” “Department of State,” or “U.S. Treasury.” First-party U.S. Treasury checks made out to the employee or individual authorized accommodation-exchange privileges may be accepted only if they are endorsed to one of the payees listed above. All personal checks must be drawn on an account maintained in a U.S. bank. Cashiers are not authorized to accept for accommodation exchange any Treasury check that is more than 9 months old, or any personal check that is more than 5 months old. Cashiers should refer individuals with stale-dated Treasury checks to the cashier supervisor for consultation with the USDO.
e. Cashiers are not authorized to cash any third-party checks or checks payable to the name of the cashier. Cashiers may only accept third-party checks for deposit when properly endorsed and specifically authorized in the post policy required under 4 FAM 399.4-2.
f. Cashiers must immediately endorse all U.S. dollar checks “for deposit only” upon receipt and follow the USDO’s instructions to deposit the checks or remit them to the USDO (see CUG Chapter 7).
g. Cashiers must immediately endorse all local currency checks “for deposit only” and follow the USDO’s instructions to deposit the checks in the local bank account of the USDO (see CUG Chapter 7).
h. Cashiers should review post policy for accommodation exchange and refuse accommodation exchange to individuals that do not comply with the policy on uncollectible checks or ACH debits (see CUG Chapter 8, and 4 FAM 399.4-2).
i. Before cashing checks for accommodation exchange, the Class B cashiers must apply the same tests as for all check cashing, such as current dates, drawer’s permanent address, endorsements, identification, and the other requirements of the CUG Chapter 8. Details of identification are entered on Form DS-1694, Exchange Transaction Record. Automated cashiering system users enter the details in the description field of the accommodation exchange screen to enable USDOs or cashiers to locate and communicate with individuals at a later date if necessary (see 4 FAM 366.1).
j. Checks or ACH debits originally accepted for accommodation exchange that are uncollectible are handled in accordance with CUG Chapter 9.
k. All other banking type support, including electronic transfers or payment applications, utilized to provide accommodation exchange require approval by the servicing USDO and CGFS/FPRA/FP.
4 FAM 361.5-4 Office Hours for Accommodation Exchange
(CT:FIN-470; 05-19-2021)
Accommodation exchange facilities are provided in a convenient manner to benefit all authorized persons. The office hours for all public transactions, including accommodation exchange, are described in 4 FAM 399.4. For employees located at distances from any present exchange facility, the most feasible arrangements should be made to provide accommodation exchange.
4 FAM 361.5-5 Prevailing Rate of Exchange
(CT:FIN-470; 05-19-2021)
Cashiers must use the prevailing rate of exchange for accommodation and reverse accommodation exchange and display the rate at the cashier window (see 4 FAH-2 H-512).
4 FAM 362 SALE OF FOREIGN CURRENCY
4 FAM 362.1 Persons or Entities for Whom Accommodation Exchange Transactions are Authorized
4 FAM 362.1-1 Eligible Individuals
(CT:FIN-470; 05-19-2021)
When the chief of mission has authorized accommodation exchange transactions, foreign currency may be paid out for:
a. U.S. dollars in the form of checks, drafts, bills of exchange, other instruments including U.S. disbursing officer (USDO) approved applications payable in U.S. dollars, and cash; and
b. In the same currency in which drawn, foreign currency checks drawn by USDOs on official depositary accounts for the accommodation of the following:
(1) Civilian employees of the U.S. Government who are U.S. citizens, including direct hire, contract and those under a U.S. Agency for International Development participating agency service agreement;
(2) Members of the Armed Forces of the United States, when facilities are not available through military channels;
(3) Contractors and subcontractors who are U.S. firms or citizens engaged on U.S. Government projects in foreign countries, and the personnel of such contractors who are U.S. citizens;
(4) U.S. citizen personnel of authorized U.S. nongovernmental organizations operating with agencies of the U.S. Government;
(5) Eligible family members of individuals (sponsors) listed in items (1) through (4) under the following conditions:
(a) When the eligible family member who is a U. S. citizen presents a U.S. Treasury check payable to the presenter; and
(b) When the eligible family member holds a valid power of attorney or has a Joint Account with the eligible employee. The “Power of Attorney for Accommodation Exchange” in the Cashier User Guide (CUG) Chapter 8 is the suggested format for this purpose. However, any other valid power of attorney may be accepted if it contains substantially the same provisions.
(6) Eligible family members of individuals listed in items (1) through (3) without powers of attorney, at safe haven posts to which ordered in an emergency evacuation, upon presentation of proper identification, up to a maximum of $4,000 during the first month following evacuation and $800 thereafter for all eligible family members of any one person in any month;
(7) Third-country nationals (TCN) employed as civilian employees or under contracts of the U.S. Government or contractors or subcontractors who are U.S. firms engaged in U.S. Government projects in foreign countries; provided, that the checks presented by the third-country nationals are U.S. Treasury dollar checks or U.S. dollar checks issued by the contractors to the third-country national cashing the check (TCN is defined in 3 FAM 7270);
(8) U.S. citizen personnel of commissary, recreation, and mess facilities operated for post personnel; and
(9) Certain U.S. organizations or organizations sponsored by the U.S. Government where such exchanges:
(a) Do not violate local government currency law;
(b) Promote the interest of the U.S. Government abroad;
(c) Do not adversely impact or impair the operations of the Embassy; and
(d) Are approved by the Department of State thru CGFS/FPRA/FP and COM.
Examples include official Morale, Welfare, and Recreation activities by Marine Corps detachments assigned to the post; accommodation exchange assistance to American schools for purchasing books and other supplies not available in the country.
4 FAM 362.1-2 Cashing U.S. Treasury Checks Only
(CT:FIN-470; 05-19-2021)
Foreign currency may be paid out for U.S. dollar Treasury checks in countries where local commercial banks charge excessive fees in exchange transactions or unreasonably delay credit of deposits to personal accounts, when presented by the person to whose order drawn, for the accommodation of:
(1) Any U.S. citizen;
(2) Retired Foreign National employees of the U.S. Government when the Treasury checks cover payments of Civil Service annuities; or
(3) Local employees who have received U.S. Treasury checks.
4 FAM 362.1-3 All Other Local Currency Requirements
(CT:FIN-470; 05-19-2021)
In addition to covering the personal requirements of all authorized personnel, these accommodation exchange policies and procedures apply to all other local currency requirements arising out of contractor and voluntary agency activities covered by the pertinent contract or agreement with, or approved by, the United States.
4 FAM 363 SALE OF UNITED STATES CURRENCY
(CT:FIN-470; 05-19-2021)
a. The sale of U.S. currency (i.e., cash) is regulated and limited in availability. Such U.S. currency may be sold for U.S. dollar negotiable instruments only in such amounts as may be required within locally established currency regulations, for the accommodation of U.S. citizen employees and other persons authorized accommodation exchange privileges under 4 FAM 362.1-1, for the following purposes:
(1) For travel outside the country; and
(2) When required to make cash purchases at authorized U.S. Government facilities such as commissaries, snack bars, and theaters.
b. Access to rates of exchange different from the official or prevailing rate on the local economy through legal exchange houses is not justification to receive the sale of U.S. currency from the embassy cashier, including in countries with high inflation, parallel rates, or where the currency rates are set by the host government. A chief of mission may request approval from the Under Secretary for Management for U.S. dollars cash exchange on a case-by-case basis, see 4 FAH-2 H-511, paragraph c.
4 FAM 364 PURCHASE OF FOREIGN CURRENCY
4 FAM 364.1 General Provisions
(CT:FIN-470; 05-19-2021)
Foreign currency “cash” may be purchased or repurchased (referred to as “reverse accommodation exchange”) by the Class B cashier from persons to whom it was previously sold to by the Class B cashier, upon departure from post only, in accordance with the provisions of this section. The purchase of such foreign currency is prohibited if the currency was acquired in violation of the Department’s policy governing business activities of personnel and their eligible family members (see 3 FAM 4123 and Cashier User Guide (CUG) Chapter 8, Accommodation Exchange).
4 FAM 364.2 Authorized Purchases of Foreign Currencies
4 FAM 364.2-1 From U.S. Government Employees
(CT:FIN-489; 02-27-2024)
Foreign currency may be purchased from civilian employees of the U.S. Government who are U.S. citizens, and members of the Armed Forces of the United States, only when the person is departing the post on transfer or home leave.
a. Departure on transfer:
(1) Purchase without advance approval - The maximum amount that can be purchased by the U.S. disbursing officer (USDO) or the Class B cashier without requiring documentation from a person who is departing on transfer is the sum of the employee’s salary and allowances as paid on the biweekly payroll for two biweekly pay periods.
(2) Purchase requiring advance approval - Foreign currency in excess of the limit noted in paragraph (1) may be purchased from a person upon receipt of a written application that has been approved in writing by the chief of mission or designee, subject to the limitations of 4 FAM 364.3, paragraph a, and 4 FAM 364.4 (see also CUG Chapter 8). An application from personnel of agencies other than State must also be approved individually in writing by the highest-ranking officer of the agency concerned or their designee. The letter of application is addressed to the chief of mission, and includes the following items:
(a) The amount of local currency in excess of the biweekly pay and allowances limit;
(b) The employee’s anticipated departure date;
(c) A complete description of the source of the currency;
(d) A declaration that none of the currency was acquired in violation of local agency regulations or exchange control laws of the country concerned; and
(e) A request for approval to sell the local currency to the USDO.
(3) Any foreign currency obtained from the sale of personal property is separately controlled by the provisions of 4 FAM 368. The Class B cashier can purchase such currency only with the approval of the chief of mission or their designee for Department of State employees and also by heads of other agency for non-Department of State employees. The financial management officer (FMO), on behalf of the approving officials, should consult with the servicing USDO about the approval of large exchange transactions, e.g., proceeds derived from the sale of employees’ personal property that could exceed local currency needs.
b. Departure on Home Leave.
The purchase of foreign currency from a direct hire U.S. Government employee departing the post on home leave and return to the post is limited to the amount of any local currency acquired from the sale of personal property that the person plans to replace while on home leave subject to 4 FAM 368 provisions.
4 FAM 364.2-2 From Eligible Family Members of U.S. Government Employees
(CT:FIN-489; 02-27-2024)
Foreign currency may be purchased from the primary eligible family member of a U.S. Government employee cited in 4 FAM 364.2-1, paragraph a, under the same conditions, when:
(1) The employee has died while assigned to the post;
(2) The employee has preceded their eligible family members in departure from the post, to the extent the employee has not used the privilege, i.e., the authorization in 4 FAM 364.2-1, paragraph a, becomes a family authorization; or
(3) The eligible family member resides at other than the employee’s duty station under separate maintenance allowance provisions. This does not affect the employee’s authorization at their duty station.
4 FAM 364.2-3 From Contractors and Third Country National (TCN) Personnel
(CT:FIN-470; 05-19-2021)
a. Foreign currency may be purchased from TCN personnel; and from U.S. citizen personnel of contractors and subcontractors in U.S. firms or citizens engaged in government projects in the country, subject to the check limitations in 4 FAM 362.1-1, subparagraph b(7), and provided the individual was assigned to the country for a period of at least 12 months and the individual is permanently leaving the country. The management officer at post may waive the 12-month requirement without the approval of the Office of Financial Policy (CGFS/FPRA/FP) when the employment qualifying the individual or firm is curtailed by the U.S. Government.
b. The policy governing conversion of foreign currency from the sale of individual personal property and the disposition of the proceeds is the same for persons in this category as for U.S. Government employees to the extent that such persons enjoy the diplomatic importation or tax privileges because of their contractual or employment relationship to the U.S. Government (see 4 FAM 368).
4 FAM 364.2-4 From Other Individuals
(CT:FIN-470; 05-19-2021)
The purchase of foreign currency from individuals other than as authorized in 4 FAM 364.2-1 through 3 above is prohibited except that such currency may be repurchased from individuals to whom sold as authorized in 4 FAM 364.3.
4 FAM 364.3 Repurchases of Foreign Currency
(CT:FIN-470; 05-19-2021)
a. Foreign currency may be repurchased from any person who acquired foreign currency from the disbursing facility as cited in 4 FAM 362.1-1, provided:
(1) The person is permanently leaving the country; and
(2) The amount being repurchased is reasonable in view of the original purchase, duration of time spent in the country, and normal living expenses. The “reasonable” amount for persons who were temporarily or permanently domiciled in the country, such as personnel of non-government agencies, may in no case exceed the basic amount authorized in 4 FAM 364.2-1, paragraph a, i.e., the sum of the individual’s salary and allowances for two biweekly pay periods. The USDO, authorized Class B cashier or financial management officer may require a satisfactory written explanation before purchasing the foreign currency when it is believed that the amount submitted for repurchase is questionable.
b. The foreign currency may be purchased by the Class B cashier with U.S. dollar Treasury checks(s), cash and/or EFT. The amount of cash that may be issued is limited to the estimated requirements of the person and eligible family members:
(1) For travel to the United States or new post, provided that the exportation of U.S. cash is not prohibited or limited by local law; or
(2) For local purchases under 4 FAM 363.
c. The foreign currency is to be acquired at the USDO’s prevailing rate.
4 FAM 364.4 Limitation/Restrictions on Foreign Exchange Purchases
(CT:FIN-470; 05-19-2021)
a. Foreign currency purchases are subject to the following limitations set by the Treasury Department to curtail exchange losses to the U.S. Government:
(1) Disbursing officers will ensure that the amount of foreign currency purchased with U.S. dollars is commensurate with immediate disbursing requirements. If foreign currency can be readily obtained, the disbursing officer should purchase an amount which, together with the checkbook balance on hand at time of purchase, would not exceed estimated requirements for the ensuing 5 to 7 business days. If foreign currency is not readily available, the purchase should be in an amount not exceeding that required for the ensuing seven days. Exceptions may be approved only by Treasury (see 1 TFM 4A, Chapter 3000, Section 30145.20); and
(2) As a result of this limitation, the disbursing officer should establish with each serviced post any necessary guidelines and controls on currency purchases and collections made by the post, to prevent unduly large balances. This may include a requirement for the post to consult the USDO on major purchases or collections of foreign currency, such as that resulting from large proceeds of sales by employees, as detailed in 4 FAM 368.
b. Purchase of foreign currency authorized by 4 FAM 364.2-1, subparagraph a(2), derived from the sale of an individual’s personal property is restricted to the provisions of 22 CFR Part 136 and 4 FAM 368. This purchase is in addition to the purchase of currency equivalent to two biweekly pay periods of salary and allowances authorized in 4 FAM 364.2-1, subparagraph a(1).
4 FAM 365 SPECIAL EXCHANGE ACTIVITIES
4 FAM 365.1 Sale of Local Currency to Military Disbursing Officers and Cashiers
(CT:FIN-470; 05-19-2021)
Military disbursing officers and cashiers must purchase their local currency from the U.S. disbursing officer (USDO) or other U.S. Government sources whenever it is beneficial to the U.S. Government, e.g., a better exchange rate is obtained through combined bulk buying of local currency. Military disbursing officers and cashiers may purchase their local currency from the USDO if the physical location or simplicity of the transaction makes this a preferred method. Where there is no advantage in buying local currency from the USDO, the purchase is made through local banking facilities.
4 FAM 365.2 Transactions in Support of Binational Organizations
(CT:FIN-470; 05-19-2021)
The USDO may acquire foreign currency from local organizations and institutions participating in U.S. Government sponsored binational programs. The purchase must be at the prevailing rate, must not contravene local currency laws, and must be for conversion to a U.S. Treasury dollar check to pay certain U.S. dollar obligations. In countries where local banking practices permit organizations to maintain U.S. dollar accounts, use of commercial banking facilities should be encouraged. Purchase of foreign currency from foreign national individuals of those organizations is prohibited.
4 FAM 366 RECORDING ACCOMMODATION AND OFFICIAL EXCHANGE TRANSACTIONS
4 FAM 366.1 Exchange Transactions Record
(CT:FIN-473; 06-03-2021)
a. Authorized class B cashiers maintain a complete record of all check cashing and exchange transactions, official as well as accommodation, in the CGFS-approved automated cashier system (ACS) or on Form DS-1694, Exchange Transaction Record. The record serves to identify persons using the facility and to identify negotiable instruments in cases of loss in transit or return due to insufficient funds (see Cashier User Guide (CUG) Appendix A).
b. Separate records are maintained for dollars and for each kind of foreign currency at posts dealing in more than one foreign currency.
4 FAM 366.2 Exchange Transactions Voucher
(CT:FIN-473; 06-03-2021)
Exchange transactions are summarized in the ACS or on Form OF-234, Exchange Transactions Voucher, by type of exchange performed (see CUG Appendix A).
4 FAM 366.3 Accountability Record
(CT:FIN-473; 06-03-2021)
Amounts recorded as receipts and payments in the ACS or on Forms DS-1694, Exchange Transaction Record, and OF-234, Exchange Transactions Voucher, are totaled and posted to the cashier’s accountability record.
4 FAM 367 INQUIRIES
(CT:FIN-470; 05-19-2021)
General questions and guidance concerning the application of the above policy and regulations should be addressed to the Office of Financial Policy (CGFS/FPRA/FP). Specific questions or guidance concerning issues such as foreign currency exchange, foreign banking and international agreements related to foreign currency for the Department and other agencies should be addressed to the Office of Global Disbursing Operations (CGFS/DO).
4 FAM 368 DISPOSITION OF EMPLOYEES’ PERSONAL PROPERTY OVERSEAS AND CONVERSION OF PROCEEDS
4 FAM 368.1 Purpose and Authorities
(CT:FIN-470; 05-19-2021)
a. The disposition of employees’ personal property overseas often results in a request for conversion of proceeds from local currency to U.S. dollars. Therefore, guidance related to disposition of personal property is included in this subchapter.
b. Title III of the State Department Basic Authorities Act (22 U.S.C. 4341 - 4343) is the legislation covering disposition of employees’ personal property overseas. Regulations implementing this statute are published in 22 CFR 136.
4 FAM 368.2 Employees’ Personal Property Sales Abroad
(CT:FIN-470; 05-19-2021)
a. Personnel under the authority of a chief of mission may sell their personal property with prior permission under controlled conditions before departure from post on transfer or home leave orders. Profits cannot be retained from the sale of personal property having more than minimal value to individuals who do not have customs or sales tax exemption status.
b. The post procedure must provide control over all sales of personal property, whether or not a reverse accommodation exchange will be made. Post check-out procedures for departing employees should show that sales have been reported or that the employee certified no sales were made.
c. Detailed guidance is contained in 22 CFR 136 for the mandatory post procedure required by the regulations. To ensure that the intent of the regulations is followed, the post procedure should include at least the three essential steps described below. A sample 3-page form which can be adapted at post to record these steps and provide an official audit trail for both the post and the employee is contained in 4 FAM Exhibit 368.2. Although the post may adapt this form to local use, the exact language for the statements and certifications by employees and by authorizing officers must appear in any post version of the form.
d. Although the term “employees” is used throughout the material that follows, the procedures apply equally to contractors who enjoy importation or tax privileges because of their contractual relationship with the U.S. Government as provided in 22 CFR Section 136.6. Also, for purposes of this section, the term “personal property” is not intended to include assets that may have been acquired as a result of a family member’s business activities at the overseas location.
(1) Approval to sell based on the employee’s list of proposed sale items and estimated sales prices. The authorizing officer must determine that the sale will meet the chief of mission’s criteria for employees’ personal property sales at that post (see 4 FAM Exhibit 368.2, Schedule A);
(2) Report of items sold, proceeds and profits. The employee must report the items sold, with amounts collected and resulting profits. Following the post procedure guidelines, the employee designates charitable foreign entities authorized by the chief of mission as charitable recipients and amounts for the profits that cannot be retained and certifies the completeness and accuracy of the entries. The authorizing officer must verify the amounts and proposed distribution of profits in accordance with post guidelines and approves the request for payments to designated recipients and the employee (see 4 FAM Exhibit 368.2, Schedule B);
(3) Reverse accommodation exchange of proceeds. The employee deposits local currency proceeds (approved in step 2 above) with the Class B cashier, who prepares the reverse accommodation exchange voucher for the authorized certifying officer. The form summarizing the entire set of approved sale transactions becomes an official record to back up the certified exchange voucher and to assist the employee’s tax reporting purposes (see 4 FAM Exhibit 368.2, Schedules A and B).
4 FAM 368.3 Number and Timing of Reverse Accommodation Exchanges
(CT:FIN-470; 05-19-2021)
a. The post procedure will specify the number and timing of authorized currency conversions of sales proceeds that may be made for the employee. This is normally not more than two: one for sale of a privately owned vehicle, and one for all other proceeds. These conversions may be made in addition to the conversion of the two biweekly pay periods of local currency conversion authorized in 4 FAM 364.2-1, subparagraph a(1). The post procedure should also specify that larger reverse accommodation exchange transactions will be made by electronic funds transfer (EFT) to the maximum extent possible.
b. Cashiers are prohibited from safeguarding or holding cash or check proceeds from a departing individual’s sale of personal property pending a future reverse accommodation exchange transaction. The departing individual (not the cashier) should accumulate proceeds from these sales and make a single reverse accommodation exchange (or two if authorized by the designated authorizing officer at the post) for the total approved amount instead of making reverse accommodation exchanges for each sale.
c. A cashier may provide reverse accommodation to authorized post and temporary duty (TDY) individuals for nominal amounts when the individual is departing the post. Under a permanent change of station situation, reverse accommodation exchange transactions for the departing individual will be made via EFT to the individual’s bank account to the maximum extent possible. A U.S. dollar Treasury check payable to the departing individual may be processed if requested for hardship reasons and the justification is approved by the designated authorizing officer. However, the amount in any request for a Treasury check must exceed $1,000. If cash is authorized for hardship reasons, the amount may be no more than $3,000. The amount authorized for a cash payment is an operational decision at the post level and may be set lower than $3,000. The post should establish a policy for requesting a hardship payment; identify the amount that will be authorized; and advise all employees, including visitors, that they must inform the cashier in advance of the anticipated transaction date and provide a dollar estimate of the anticipated transaction (see 4 FAM 399.4-2).
4 FAM 368.4 Post Procedure File
(CT:FIN-470; 05-19-2021)
A copy of the post procedure covering disposition of employees’ personal property should be sent by the post management officer to the regional bureau post management officer when first issued and whenever revised and made accessible to all embassy employees. Department personnel refer to this copy when the post requests guidance or interpretation of the 22 CFR 136.
4 FAM 369 UNASSIGNED
4 FAM Exhibit 368.2
Sample Memo
(CT:FIN-470; 05-19-2021)
TO: (Designated Authorizing Officer)
FROM: (Individual Requesting Approval to Sell/Convert)
SUBJECT: Approval to Sell and Convert Proceeds
REFERENCE: (a) Post Reference; (b) 4 FAM 368; (c) 22 CFR 136
In conformance with local law, U.S. law, State Department and post regulations, approval is requested to sell and convert the proceeds from personal property sales. The attached Schedules A & B are submitted as official documents to record financial transactions resulting from the sale and to document the necessary approval confirming that all requirements are met.
This form records the sales in local currency units (LCU). When sales are in both dollars and local currency, separate forms are used, with one form to show dollars. The dollar entries from all Schedule B lines 5B & 7 are combined where a dollar check is due for the same payee.
The following definitions are used in submitting this form:
COST BASIS—Initial price paid (or market value if acquired by gift or inheritance), cost of inland/overseas transportation (if not U.S. Government reimbursed), shipping insurance, taxes, duties, customs fees, or other such charges, and capital improvements, but not for insurance on items in use or for storage maintenance, repair or related costs, or financing charges. I WILL PROVIDE EVIDENCE OF THESE COSTS IF REQUESTED BY THE APPROVING OFFICER.
MINIMAL VALUE—Acquisition cost in U.S. dollars (or retail value if by gift) is within the limit set by the Administrator of General Services Administration for “minimal value” of foreign gifts under 5 U.S.C. 7342 (see post policy or contact the financial management officer to determine the current limit set by GSA).
UNRETAINABLE GAIN (PROFIT NOT RETAINABLE)—The profit amount is the sale price (Col 5) less the cost basis (Col 4). Whether an employee may retain profit is determined by the buyer status of exemption, Departmental guidelines and post regulations. If a sale of any item was to an exempt person or entity, or profit is otherwise retained, the amount is entered in Col 6, and the buyer’s name and exempt status are shown in Col 7.
PROFIT VERIFICATION & REVERSE ACCOMMODATION EXCHANGE APPROVAL
(Schedule A & B)
The amounts and recipients of nonretainable profit and retainable proceeds have been verified and accepted, except for the following: _____________________________________________________
LCU amounts in Schedule B (Lines 5B, 6B, & 8) are approved for reverse accommodation exchange payable as shown: OR
Conversion of LCU
and/or payment in dollars is limited by post regulations to the following
allowed maximums:
LCU converted: Dollar Payment:
Other instructions to certifying officer:
Other comments for the audit file:
Authorizing Officer Signature & Date:
SCHEDULE A-SUMMARY OF PROPOSED AND ACTUAL SALE
Employees: Post of Assignment: Projected Departure: I request approval to dispose of the following personal property. I understand that the sale and any later conversion of proceeds to dollars must be conducted in accordance with U.S. and local laws and all relevant regulations issued by the Department of State and the post as referenced above. I understand further that violations of these regulations shall be grounds for disciplinary action. |
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REQUEST TO SELL |
ACTUAL SALE |
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Complete Columns (1) Through (4) Before Sale |
Complete Columns (5) Through (7) After Sale |
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(1) Property Description |
(2) Date Acquired |
(3) Est. Sale Price (LCU) |
(4) Cost Basis (LCU) |
(5) Act. Sale Price (LCU) |
(6) Unretainable Gain (LCU) |
(7) Purchaser’s Name/Title |
1. Vehicle Description |
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2. Items with Acquisition Cost over |
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Subtotal Items Over Minimal Value |
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3. Items with Acquisition Cost of $ Minimal Value or Less Total of All Items __ ________ _________ 4. Total of all Proceeds (1+2+3 above) ________ _________ Request for Approval to Sell: Verified Correct: Employee Signature/Date Employee Signature/Date APPROVAL TO SELL: The proposed sale above complies with host country laws or regulations, any governing international law, and with U.S. law, Department of State and post regulations. Approval is granted to sell, except for items: Authorizing Officer/Date |
SCHEDULE B-DISPOSITION OF SALES PROCEEDS
AND REQUEST FORM
REVERSE ACCOMMODATION EXCHANGE
Employee: I request approval to convert proceeds from the sale into U.S. dollars as shown below. I certify that, to the best of my knowledge and belief, all of the statements made and documents submitted to support this request for approval for sale of personal property and conversion of proceeds into U.S. dollars, if applicable, are true, correct, complete, and are made in good faith. I understand that a false statement on any part of this request may be grounds for criminal prosecution including imprisonment for not more than five years or a fine of not more than $10,000, or both, civil penalties and/or disciplinary action. |
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1. Total : LCU proceeds collected (Schedule A, Col 5, Line 4) LCU 2. Subtract : LCU profit not retainable by employee (Schedule A, Col 6, Line 4) - LCU 3. Equals : LCU proceeds retainable by employee Line 1 minus 2 above = LCU 4. Subject : LCU held out by employee for use before departure - LCU |
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PROFIT NOT RETAINABLE |
PROCEEDS RETAINABLE |
5A. Balance : LCU profit not
retainable 6A. Subtract : Profit donated to
an approved recipient 7. Balance : LCU remaining
profit unretainable to be 8. Convert : Prevailing Rate Dollar Check LCU to $1.00 $ ______ Payee
(Donee) _ |
5B. Balance : LCU retainable proceeds
which can be 6B. Convert : Prevailing Rate Dollar Check LCU_ to $1.00 $ ___ Payee (employee) _________ 9.
Schedule B Verified Correct. Request Approval of Employee Signature/Date ___ 10. Conversions 6B and 8 Approved Except as Follows: ___ Approving Officer: ___ |