12 FAM 120
DIPLOMATIC COURIER DUTIES
(CT:DS-294; 05-10-2018)
(Office of Origin: DS/C/DC)
12 FAM 121 PRIMARY DUTY
(CT:DS-170; 10-19-2011)
Diplomatic couriers accompany classified diplomatic pouches containing national security-related material in accordance with Article 27 of the Vienna Convention on Diplomatic Relations. A diplomatic courier’s primary duty is to ensure the inviolability of classified diplomatic pouches and the unbroken chain of custody while crossing international borders or at any time he/she is in control of diplomatic material.
12 FAM 122 ACQUIRING CLASSIFIED DIPLOMATIC POUCH CUSTODY
(CT:DS-279; 09-25-2017)
a. Each classified diplomatic pouch must be invoiced, labeled, sealed, and prepared in accordance with 14 FAH-4 H-240. In addition to the list of prohibited contents in 14 FAM 723.2, a classified diplomatic pouch or diplomatic courier’s workbag must not contain personal items.
b. The originating office prepares Form DS-7600, Diplomatic Pouch Certification and Receipt, which lists all classified diplomatic pouches that the diplomatic courier accepts for secure transport to other posts or the Department.
c. After ensuring that the form accurately documents all classified diplomatic pouches in the shipment, the accepting diplomatic courier signs and dates Form DS-7600. The diplomatic courier then uses the form to obtain signatures of the cleared U.S. citizen employees who receive the individual classified diplomatic pouches. (See 12 FAM 128 for policy on acquiring custody of bulk shipments.)
d. Diplomatic couriers must not accept classified diplomatic pouches that are improperly prepared or documented. (See 14 FAH-4 H-240 for classified diplomatic pouch preparation guidelines.)
e. Bulk loads are referenced in 12 FAM 128.
12 FAM 123 PROHIBITING INSPECTIONS
(CT:DS-294; 05-10-2018)
a. The diplomatic courier ensures the rights and privileges set forth in the Vienna Conventions are observed to guarantee that official correspondence of the mission is inviolable. Chief among these is the stipulation that “the diplomatic bag shall not be opened or detained.” This extends to the diplomatic bag not being scanned, x-rayed, "wanded," or subject to any other means of screening that could provide information about the contents of the diplomatic bag or the qualities or characteristics of the contents of the diplomatic bag. Inspection of the exterior of the bag itself, including its markings and seal, is permitted. In addition, Department policy is that diplomatic couriers should ensure that the diplomatic bag is not swabbed, sniffed by detection dogs, or subjected to contact explosive detection.
b. If host-government officials insist on inspecting (i.e., subjecting classified diplomatic pouches to x-ray, wanding, canine scent detection, metal detectors, contact explosive detection, etc.) or otherwise opening a classified diplomatic pouch, the diplomatic courier must make every attempt to immediately contact the post’s regional security officer (RSO), duty officer, management officer, deputy chief of mission (DCM) or chief of mission (COM) for assistance. If the local officials persist, the diplomatic courier must not permit inspection of the diplomatic pouch and must abort the scheduled stop or layover and either proceed to the next scheduled stop, or return to the originating post.
c. Except as otherwise provided herein or in 14 FAM 728.1, neither regional diplomatic courier officer (RDCO), diplomatic courier supervisor, nor diplomatic courier has the authority to open and inspect sealed classified diplomatic pouches in transit. Any diplomatic courier may request the classified diplomatic pouch control officer (PCO) to open transient classified diplomatic pouches if there is reasonable cause, as outlined in 14 FAM 728.1, for such a request.
12 FAM 124 Classified diplomatic pouching Functions
(CT:DS-294; 05-10-2018)
At some posts, diplomatic couriers may perform a full range of classified diplomatic pouching functions, including the authority of a classified diplomatic PCO and the opening and closing of classified diplomatic pouches. The authority is limited to posts with a diplomatic courier presence (i.e., those posts housing a Diplomatic Courier office) and only with the Bureau of Information Resource Management (IRM) authorization and Office of the Diplomatic Courier Service (DS/C/DC) concurrence. (See 12 FAM 123 for the prohibition against opening transient classified diplomatic pouches.) At posts where there is no diplomatic courier presence, Department officers assigned (by the Department for domestic operations or post management at posts abroad) to control the contents of containers documented as classified diplomatic pouches may act as classified diplomatic PCOs.
12 FAM 125 MAINTAINING CONTROL
(CT:DS-170; 10-19-2011)
a. Diplomatic couriers must maintain visual contact of their classified diplomatic pouches until delivered or custody is properly relinquished. (See 12 FAM 126 for relinquishing control and 12 FAM 127 for maintaining control with escort assistance when classified diplomatic pouches are transported in an aircraft cargo hold.)
b. DS/C/DC may require additional diplomatic couriers to accompany the designated diplomatic courier to any post for any shipment when needed to ensure the security of classified diplomatic pouches (e.g., where host government procedures may separate the shipment from cleared U.S. citizen control).
c. When classified diplomatic pouches require overnight or other temporary storage en-route to their destination, the diplomatic courier must take the diplomatic pouches to a post or military installation with adequate and approved classified storage facilities, in accordance with 12 FAM 530. If unable to obtain an individual signature for each classified diplomatic pouch stored in accordance with 12 FAM, the diplomatic courier must continue to maintain control of the classified diplomatic pouches.
12 FAM 126 RELINQUISHING CUSTODY
12 FAM 126.1 General Procedure
(CT:DS-294; 05-10-2018)
a. The diplomatic courier must deliver all classified diplomatic pouches intact to an authorized individual at either port of entry, a classified diplomatic pouch room, or secure transit point (e.g., the airport convenient to the addressee post) unless otherwise coordinated. Before exchanging classified diplomatic pouches, both parties must verify each other’s acceptable identification documents (see 12 FAM 152.2). The diplomatic courier must record on Form DS-7600, Diplomatic Pouch Certification and Receipt, the valid identification documentation the receiving individual provides. (See 12 FAM 126.2 for acceptable identification.)
b. Before releasing classified diplomatic pouches, the diplomatic courier must obtain an individual signature on Form DS-7600 for each classified diplomatic pouch delivered or left in temporary secure storage, regardless of the number of classified diplomatic pouches in his/her care. The practice of “Line-signing,” or one signature for all items, is not authorized. This remains true whether signing pouches over to a diplomatic courier or to another cleared Department employee.
c. The chain of custody of the classified diplomatic pouches ends when U.S. citizen personnel of a post or the Department with a Top Secret (TS) security clearance individually signs for the classified diplomatic pouches on Form DS-7600.
d. When applicable, diplomatic couriers are authorized to temporarily store classified diplomatic pouches at a transit post or military installation with adequate and approved classified storage facilities, in accordance with 12 FAM 530. This process, commonly referred to as “safekeeping,” allows the diplomatic courier to store material securely at post without completing a new Form DS-7600. U.S. Government employees with a verified TS security clearance are the only personnel authorized to sign for classified diplomatic pouches with the “safekeeping” method. The diplomatic courier must still obtain signatures on the Form DS-7600 before relinquishing custody of the classified diplomatic pouches.
12 FAM 126.2 Acceptable Personnel Identification
(CT:DS-294; 05-10-2018)
a. All personnel must first verify the identity of an authorized individual who receives, delivers, transfers, or dispatches classified diplomatic pouches. The identification must confirm that the individual possesses a Top Secret (TS) security clearance.
b. The acceptable forms of identification for U.S. Government employees are:
(1) A valid diplomatic or official passport (i.e., those issued since 1986 indicating employment status on the U.S. diplomatic passport with the endorsement on the last page that states the bearer is abroad on official assignment for the U.S. Government);
(2) The Department-issued identification card or official identification cards issued at posts that conform to the Department’s “Smart” identification card format and conventions denoting the TS clearance. Other locally issued or post-specific identification cards are unacceptable;
(3) U.S. Government employees without Department-issued credentials require a letter from the embassy or consulate RSO verifying the bearer’s clearance level presented with the diplomatic or official passport in accordance with 12 FAM 152.2;
(4) An official passport with a letter following the requirements stated in 12 FAM 126.2, subparagraph (b)(3);
(5) Department-issued credentials of diplomatic couriers, special agents, security engineering officers (SEOs) and security officers;
(6) A United States Agency for International Development-issued identification card; or
(7) The Department of Defense-issued Form DCS-9, Defense Courier Division Identification. (See 12 FAM Exhibit 126.2.)
c. Provided they have a verified TS security clearance, U.S. Government employees may exchange classified diplomatic pouches with diplomatic couriers. Holding a valid U.S. Government identification listed in 12 FAM 126.2.b, does not verify a current TS security clearance.
d. A post may have hired a local U.S. citizen to serve as a diplomatic courier escort. The regional diplomatic courier officer (RDCO) may authorize a classified diplomatic pouch exchange if the local U.S. citizen presents a tourist passport and an escort letter that complies with the requirements of 12 FAM 152.2. Posts employing such individuals must notify the appropriate RDCO in a cable that must include the individuals’ names, passport numbers, and clearance levels.
12 FAM 127 TRANSPORTING CLASSIFIED DIPLOMATIC POUCHES
(CT:DS-294; 05-10-2018)
It is the diplomatic courier’s primary responsibility to maintain chain of custody when transporting the classified diplomatic pouch load. In addition, the diplomatic courier must verify that there is an accurate piece count at origin and final destination, as well as an accurate piece count each time the classified diplomatic pouches are moved from one method of conveyance to another.
12 FAM 127.1 TRANSPORTING CLASSIFIED DIPLOMATIC POUCHES IN AN AIRCRAFT CARGO HOLD
(CT:DS-294; 05-10-2018)
a. When diplomatic pouches are loaded into the hold of an aircraft, the diplomatic courier must personally supervise the placing of the diplomatic pouches into the hold and must remain outside the aircraft observing the hatch until it is closed and departure is imminent. When the diplomatic courier must go through airport security, the diplomatic courier is still responsible for maintaining physical control of the classified diplomatic pouches. When regulations or procedures prohibit the diplomatic courier’s presence after the diplomatic pouches have been loaded, the diplomatic courier leaves the security watch of the aircraft hold in the care of the diplomatic courier escort (see 12 FAM 154), and they may temporarily delegate classified diplomatic pouch control responsibility to the diplomatic courier escort. To the maximum extent possible, the diplomatic courier must return to the tarmac and resume control of the classified diplomatic pouches. The diplomatic courier should try to be the last passenger to board and the first passenger to deplane.
b. Diplomatic couriers and courier escorts at Post must affix reflective tape and diplomatic pouch seals onto every unit load device (ULD) or container/pallet used for transporting classified pouch shipments prior to the ULDs being loaded onto the aircraft. The tape should be wrapped around the container, or, at a minimum, across the opening and/or affixed as streamers. Diplomatic couriers and courier escorts must inspect all container(s) before loading, as well as upon arrival at destination. Seals must be inspected by courier/escorts for signs of tampering and the courier shall look into the container, if possible, to confirm diplomatic pouches are secured within it. Couriers/escorts shall also physically inspect all ULDs for damage, confirm seals are intact, and confirm the ULD/container numbers match the information provided by the diplomatic courier or courier escort.
c. On occasion, security conditions at certain locations dictate that the diplomatic courier escort loads the classified diplomatic pouches into the aircraft without the diplomatic courier being present. The diplomatic courier escort must inform the diplomatic courier that the classified diplomatic pouches are onboard, and the diplomatic courier must maintain communication with the diplomatic courier escort to ensure the classified diplomatic pouch load remains securely onboard the aircraft. If this procedure is used, the diplomatic courier and diplomatic courier escort must confirm via telephone, e-mail, or short message service (SMS) text:
(1) The aircraft destination matches the diplomatic courier’s destination;
(2) The departure gate location;
(3) The cargo position and/or container number of the unit load device (ULDs) and the number of pouches "loose loaded" and
(4) That the courier has boarded the aircraft.
d. The diplomatic courier and the diplomatic courier escort must maintain communication while the aircraft remains at the gate, when regulations do not restrict such action, or until the aircraft departs from the gate. If no verbal or telephone communication between the diplomatic courier and the diplomatic courier escort is possible, visual confirmation is recommended.
e. To maintain classified diplomatic pouch security, the diplomatic couriers must identify themselves to the flight crew and explain the security requirement of disembarking the aircraft ahead of other passengers at each stop. The diplomatic courier must proceed directly to the cargo hold, and safely stand as close to the aircraft as permitted, to observe the cargo hold.
f. At each transfer stop, and in the absence of a diplomatic courier escort, the diplomatic courier must arrange to disembark, take physical custody of the classified diplomatic pouch load, and arrange tarmac planeside transfer to the onward flight.
g. The diplomatic courier escort must meet the diplomatic courier planeside (see 12 FAM 151). Unless the host government prohibits this requirement, the diplomatic courier must personally observe the classified diplomatic pouches while they are unloaded from the aircraft. (See 12 FAM 154.1 for diplomatic courier escort’s responsibilities when performing this pouch oversight.) When required, the diplomatic courier must accompany the classified diplomatic pouches through Immigration, Customs, and other airport security procedures.
12 FAM 127.2 TRANSPORTING CLASSIFIED DIPLOMATIC POUCHES VIA ALTERNATE METHODS
(CT:DS-294; 05-10-2018)
When methods of transport other than aircraft are used, the diplomatic courier(s) must adhere to the following guidelines:
(1) Travel by truck, van, or automobile:
(a) When the security situation dictates, the diplomatic courier must contact the regional security officer (RSO) of each country that he or she will transit to confirm the local security movement policy;
(b) If the security situation at an international border crossing warrants it (as determined by the regional security officer), the courier should not self-drive, but be accompanied by a driver;
(c) Ensure the vehicle remains locked at all times. In addition, lock all doors of the cargo area, secure with a State Department pouch seal, and annotate the pouch seal number on Forms DS-7600, Diplomatic Pouch Certification and Receipt; and
(d) When stopped for rest breaks, park the vehicle in a location that is easy to observe and maintain visual contact; and
(e) Use a supplied Personnel Tracker and Locator (PTL) device.
(2) Travel by ship:
(a) Secure the container with a State Department pouch seal and annotate the pouch seal number on Form DS-7600; and
(b) If physically accessible, the diplomatic courier must routinely inspect containers at random intervals throughout the trip;
(c) Use a supplied PTL device.
(d) Each ship mission should be staffed by two individual couriers.
(e) Couriers must be in possession of a satellite phone during ship missions.
(3) Travel by train:
(a) The diplomatic courier must maintain visual control of the classified diplomatic pouches at all times; and
(b) Unless the diplomatic courier is hand-carrying one item or multiple small items, there should be a minimum of two diplomatic couriers or more when traveling on a train, as the security situation dictates; and
(c) Use a supplied PTL device.
(4) If using any other method of transport, DS/C/DC must provide approval in advance.
12 FAM 128 CONSOLIDATED BULK SHIPMENTS
(CT:DS-170; 10-19-2011)
Bulk classified diplomatic pouch shipments require special handling and preparation due to the volume and number of pieces.
12 FAM 128.1 Bulk Loads
(CT:DS-294; 05-10-2018)
a. The regional diplomatic courier officer (RDCO) may determine if operational considerations require the use of un-inventoried bulk loads.
b. If the assigned diplomatic courier is not present to supervise the inventory and loading process, the bulk load control officer (BLCO) is authorized to supervise the preparation of the container or pallet. The BLCO must prepare and input container information in the Integrated Logistics Management System, Diplomatic Pouch and Mail (ILMS DPM) module per shipment and maintain the chain of custody.
c. The diplomatic courier must:
(1) Sign Form DS-7600, Diplomatic Pouch Certification and Receipt, to acknowledge receipt of the pieces and annotate classified diplomatic pouches received un-inventoried on this form, and
(2) Acknowledge receipt of the bulk load by signing the Form DS-7600 or through the ILMS DPM module.
d. When transferring containers from one diplomatic courier to another, the onward diplomatic courier must:
(1) Sign a supplementary copy of Form DS-7600 to acknowledge receipt of the pieces and annotate "classified diplomatic pouches received un-inventoried" on the bulk load.
e. If container information is entered into the ILMS DPM, it attests that the diplomatic courier did not personally inventory the classified diplomatic pouches. Notwithstanding the diplomatic courier’s signature on Form DS-7600, the proxy form relieves the diplomatic courier from the responsibility of conducting an initial piece count. It does not relieve the diplomatic courier from any other responsibilities (e.g., maintaining control of the classified diplomatic pouches subsequent to acceptance, stated in this subchapter). (See 12 FAM 150 for the diplomatic courier escort’s responsibilities.)
f. After the pouches have been palletized or containerized, it may be impractical or impossible for the diplomatic courier to conduct an accurate inspection and inventory of all the pouches. However, the diplomatic courier should, to the extent possible, examine and identify as many pouches as possible.
g. Once both the diplomatic courier and BLCO have signed, Form DS-7600 becomes an official record of the diplomatic courier's receipt and acceptance of the diplomatic pouches. The diplomatic courier must submit it to the regional courier office.
12 FAM 128.2 Secure Bulk Loads
(CT:DS-294; 05-10-2018)
a. Unit load device (ULD) containers themselves may constitute a diplomatic pouch. A container constitutes a secure bulk load when it conforms to the following requirements:
(1) Only U.S. citizen personnel with Top Secret (TS) security clearances must load the container in a secure location or facility;
(2) The container must bear a seal number;
(3) Secure containers must be listed individually on Form DS-7600 separately from the interior pieces;
(4) When custody of the containers is transferred to an authorized individual at a secure facility, the diplomatic courier is not required to inventory the contents (since inventory responsibility belongs to the personnel opening the container). The diplomatic courier must obtain a signature on Form DS-7600 for the containers and keep a copy for his or her records;
(5) The diplomatic courier must receive a copy of Form DS-7600 after the secure facility personnel have completed the inventory of the entire pouch load; and
(6) Secure containers that are unopened, but transferred between U.S. citizen personnel with TS security clearances, remain secure as long as the container seal has not been broken and the container remains in the custody of the diplomatic courier or diplomatic courier escort.
b. If the ULD meets the definition of a crate pouch as stated in 14 FAH-4 H-213.1-1, the diplomatic courier may accept ULD in the same manner as any other pouch. Not only must the ULD meet the requirements of a crate pouch, it must also conform to the provisions in 14 FAH-4 H-213.2, 14 FAH-4 H-213.3, and 14 FAH-4 H-214 regarding pouch tags, seals, and markings, in particular. If the diplomatic courier, BLCO, or diplomatic courier escort were not present when the secure container's seal broke during transit (i.e., the container was located on the aircraft at the time), it becomes a non-secure bulk load and handling must meet requirements in 12 FAM 128.3.
12 FAM 128.3 Nonsecure Bulk Loads
(CT:DS-294; 05-10-2018)
a. A load built by uncleared personnel, built in a non-secure facility, or built both by uncleared personnel and in a non-secure facility is considered a non-secure bulk load.
b. When custody of a classified pouch in a non-secure bulk load is transferred, the diplomatic courier must oversee the physical inventory of the contents. The diplomatic courier must obtain a signature on Form DS-7600, Diplomatic Pouch Certification and Receipt, for each classified diplomatic pouch, and keep a copy for his or her records.
12 FAM 129 UNASSIGNED
12 FAM Exhibit 126.2
FORM DCS-9, DEFENSE DIPLOMATIC COURIER SERVICE IDENTIFICATION
(CT:DS-170; 10-19-2011)
