6 FAM 540
USE OF FACILITIES
(CT:GS-232; 06-17-2021)
(Office of Origin: A/OPR/CR)
6 FAM 541 ACCESS TO PACKAGED DUTY-FREE GOODS
(CT:GS-232; 06-17-2021)
(Uniform State/USAID/Commerce/Agriculture)
a. The term “access” refers to purchasing packaged duty-free goods from employee associations for off-site personal consumption. This access restriction refers to all goods, whether consumable or not, imported under the principal officer’s name, for which import tariffs are waived by the host government pursuant to the terms of the Vienna Convention. Restrictions on access do not apply to opened, single-serve duty-free goods consumed on-site.
b. In the interest of preserving good relations with the host government, employee associations must make a conscientious effort to bar access (direct or indirect) to all persons who are not authorized under 6 FAM 540 to use such facilities and services. In addition, associations must make an effort to eliminate opportunities for all unauthorized individuals to purchase and resell duty-free imported goods illegally.
6 FAM 542 U.S. CITIZEN AND U.S. RESIDENT ALIEN GOVERNMENT EMPLOYEES
(CT:GS-232; 06-17-2021)
(Uniform State/USAID/Commerce/Agriculture)
a. All employee association services and facilities at posts, encompassing access to purchase packaged duty-free goods, are available to employees of all civilian and military agencies of the U.S. Government under the jurisdiction of the principal officer, including:
(1) U.S. citizen U.S. Government employees recruited from outside the host country and their eligible family members including members of household (MOH) when specifically stated on official U.S. Government orders;
(2) U.S. resident alien U.S. Government employees (who are not local nationals) recruited from outside the host country and their eligible family members;
(3) U.S. citizen personal services contractors recruited from outside the host country and their eligible family members;
(4) U.S. Government employees detailed or on transfer to international organizations, and their eligible family members; and
(5) TDY personnel on official business.
b. The employee association may extend these privileges (including access to purchase packaged duty-free goods) to U.S. citizen and U.S. resident alien employees of contractors that U.S. agencies or instrumentalities fund, or U.S. citizens and U.S. resident aliens whose presence abroad is for the purpose of implementing U.S. federally funded programs under the jurisdiction of the principal officer and their eligible family members, provided:
(1) The contracting officer or other designated official stipulates the use of U.S. Government facilities in writing that the principal officer has approved;
(2) The U.S. Government funds the contract or program at fifty-one (51) percent or more;
(3) The host country accords the individuals duty-free import privileges; and
(4) The practice is not otherwise inconsistent with the laws of the host country.
NOTE: The principal officer must request that contractors certify annually that the U.S. Government funds 51 percent of their direct projects/contracts. If funding falls below this level, employee associations must terminate access privileges.
c. With prior approval from the offices of Commissary and Recreation Affairs and of Overseas Schools, U.S. citizen teachers hired outside the host country for employment at overseas schools may have, on a limited basis, access to purchase packaged duty-free goods, excluding alcoholic beverages and tobacco products, provided they meet each of the following conditions:
(1) The operation of an American or International school at post, with at least some American teachers, is in the interest of the U.S. Government;
(2) Post receives a hardship allowance or is in an underdeveloped country and U.S. or equivalent Western-type goods are not available on the local economy or are available, but at an exorbitant cost;
(3) Lack of access to the commissary would create an unnecessary hardship on the American teaching staff and/or interfere with U.S. citizen teacher recruitment and retention;
(4) Access by the American teaching staff to the commissary would not be unduly burdensome to commissary operations:
(5) The host country does not object to such access;
(6) Access to commissary products does not include alcoholic beverages and tobacco products; and
(7) Access is provided only to those teachers hired outside the host country.
d. The employee association may extend access to purchase packaged duty-free goods to U.S. citizens hired locally, provided they meet the following criteria:
(1) The individual is resident in the country in which he or she was hired;
(2) The individual is either a direct-hire employee or under a personal services contract;
(3) The host Government has granted the individual duty-free privileges;
(4) The individual has a work permit (if local law requires);
(5) Access is only for the duration of employment with the U.S. Government; and
(6) The principal officer approves.
e. No personnel except those listed above will have access to purchase packaged duty-free goods. Unless the 51 percent U.S. Government funding test is met, U.S. citizens and U.S. resident aliens such as private voluntary organization employees and representatives of private sector American firms may not have access to purchase packaged duty-free goods, even if the host government has granted these individuals or their organization some degree of duty-free import status.
6 FAM 543 locally employed staff
(CT:GS-232; 06-17-2021)
(Uniform State/USAID/Commerce/Agriculture)
With the exception of access to purchase packaged duty-free goods, employee associations may extend utilization of all other association facilities to U.S Government employees of local nationality and their eligible family members, on the board of directors’ approval, provided the practice is consistent with the laws and customs of the host country and the association’s bylaws.
6 FAM 544 THIRD-COUNTRY NATIONAL EMPLOYEES
(CT:GS-232; 06-17-2021)
(Uniform State/USAID/Commerce/Agriculture)
a. Employee associations may extend association privileges, encompassing access to purchase packaged duty-free goods to third-country national direct-hire or contractor personnel, and their eligible family members, whom the U.S. Government has recruited from outside the host country and relocates to the host country for employment, if:
(1) The principal officer approves;
(2) The host country authorizes duty-free import privileges;
(3) The contractors receive at least 51% U.S. Government funding; and
(4) This practice is not otherwise inconsistent with the laws and customs of the host country.
b. See 3 FAM 7270 for a further definition of third-country national (TCN) employees as applied above.
c. With the exception of access to purchase packaged duty-free goods, employee associations may extend use of all other association facilities to third-country national direct-hire or contractor personnel and their eligible family members, whom the U.S. Government has recruited in-country for employment upon approval of the board of directors, provided the practice is consistent with the laws and customs of the host country and the association’s bylaws.
6 FAM 545 Third-Country Diplomat Program
(CT:GS-232; 06-17-2021)
(Uniform State/USAID/Commerce/Agriculture)
a. Employee associations may extend access to purchase packaged duty-free goods to third-country diplomats (TCDs) pursuant to the Department’s Third Country Diplomat Program, provided associations meet each of the following conditions:
(1) The principal officer approves;
(2) Post requests and receives Office of Commissary and Recreation Affairs (A/OPR/CR) approval to participate in the TCD Program;
(3) The host government approves;
(4) The employee association places a 10% surcharge on all purchases by TCDs. (These funds must be remitted to post annually to directly offset USG utilities’ expense in operating the commissary or its equivalent at post);
(5) The association submits revised bylaws to A/OPR/CR for approval; and
(6) All foreign missions selected to participate provide the association with written documentation of the diplomats’ duty-free privileges.
b. With the exception of access to purchase packaged duty-free goods, associations may extend utilization of association facilities to TCDs with the approval of the board of directors, provided this practice is consistent with the laws and customs of the host country and the association’s bylaws.
c. Under TCD program provisions and upon A/OPR/CR approval, associations may extend access to fully accredited Diplomats of international organizations. Associations must seek A/OPR/CR approval for each individual international organization and impose the same surcharge required under 6 FAM 545, subparagraph a(4). Associations may not extend this access to individuals in country on tourist passports.
6 FAM 545.1 Commissary Support Program
(CT:GS-232; 06-17-2021)
(Uniform State/USAID/Commerce/Agriculture)
Other embassies and international organizations which have duty-free import privileges may participate in the Commissary Support Program, provided that the host government has no objection to the employee association placing orders on behalf of other duty-free personnel and/or organizations. The Commissary Support Program does not allow third country diplomats access to commissary facilities to “shop off the shelf” but rather allows other diplomatic missions to place joint orders on behalf of accredited diplomats of other diplomatic missions. Joint orders provide a means to reduce transportation and insurance costs. For its services in acting as the coordinator, the association may charge a fee for placing the joint order(s). However, the association should ensure that all organizations placing joint orders are listed on all orders and bills of lading, and their respective portions of the order are reported to the host-country customs officials. Once received, the order should be divided among its purchasers. Also, should any illegal or improper activities occur and host-country law enforcement officials question this joint procurement as a potential source of the improprieties or illegalities, the association must immediately cease this joint ordering practice. An employee association’s participation in the program is not mandatory.
6 FAM 546 GUEST USE OF RECREATIONAL FACILITIES
(CT:GS-232; 06-17-2021)
(Uniform State/USAID/Commerce/Agriculture)
a. The board of directors, on a selective basis and pursuant to local laws and customs of the host government, may grant access to recreational facilities to invited guests subject to such fees as may be appropriate for use of facilities. Association management must provide the regional security officer with a list of guests on a regular basis for review. Guests may be U.S. citizen residents in-country, local nationals, third-country nationals, third-country diplomats, or other non-U.S. Government personnel, whom the board of directors has approved and the regional security officer has cleared, and such use is not inconsistent with host-government laws and customs.
b. A full association member (i.e., full-time, direct-hire U.S. Government, U.S. citizen or their eligible family member), who is responsible for the guest’s conduct while using the association’s facilities, must sponsor each guest. The sponsoring full member need not personally accompany the guest while he or she uses the recreation facilities; however, another full member or association representative must be present to monitor the guest’s use of the facilities. Guests cannot bring their own guests to the association facilities.
c. The use of the snack bar, restaurant, American club, and recreational facilities does not allow a guest access to purchase packaged duty-free goods, including alcoholic beverages, cartons of cigarettes, food products, and/or sundries, for off-site personal consumption. Access to purchase packaged duty-free goods is limited to U.S. Government employees and other individuals as listed in 6 FAM 540.
6 FAM 547 THROUGH 549 UNASSIGNED