12 FAM 130
CLASSIFIED Pouch-out-of-control
(CT:DS-421; 01-31-2024)
(Office of Origin: DS/C/DC)
12 FAM 131 APPLICABILITY
(CT:DS-421; 01-31-2024)
a. This subchapter applies to pouch-out-of-control situations, which encompass “classified diplomatic pouch breaches” and “classified diplomatic pouch incidents" (see 12 FAM 013). Each situation includes an interruption of cleared U.S.-citizen custody that may result in unauthorized individuals gaining access to a classified diplomatic pouch.
b. A "pouch breach" of the classified diplomatic pouch is defined as a situation where there is known or likely compromise of the pouch. Examples of classified diplomatic pouch breaches include, but are not limited to, missing classified diplomatic pouches, lost classified diplomatic pouches, and/or unauthorized opening of classified diplomatic pouches (seal broken, pouch cut open making contents visible due to tear), or any other circumstance that indicates a probable compromise.
c. A classified diplomatic pouch incident occurs when a pouch is out of control, but it is unknown whether a compromise has occurred. Examples of a classified diplomatic pouch security incident include, but are not limited to, x-ray, canine scent detection, metal detectors, contact explosive detection, or any other circumstance which may risk the inviolability of the classified diplomatic pouch by revealing its contents.
d. A classified diplomatic pouch-out-of-control, a classified diplomatic pouch breach, and a classified diplomatic pouch incident may result in a varying range of national security implications depending on the relevant circumstances.
12 FAM 132 RESPONSIBILITIES
(CT:DS-421; 01-31-2024)
a. Each USG individual involved in a “classified diplomatic pouch breach” or a "classified diplomatic pouch incident" has a set of responsibilities.
b. The professional diplomatic courier must:
(1) Contact the Diplomatic Security Command Center (DSCC or DS/TIA/CC);
When circumstances and exigency warrant, a desk officer or supervisor may initially contact DSCC on the courier's behalf. In such instances, the courier must personally contact the DSCC as soon as feasible.
(2) Contact the regional security officer (RSO) at the post where the pouch-out-of-control situation occurred and provide details of the situation to assist RSO with a Significant Incident Report (SIR);
(3) Contact the information programs officer (IPO) or classified diplomatic pouch control officer (PCO) at the post where the situation occurred;
(4) Contact the regional diplomatic courier office[r] (RDCO) or hub chief that services the post where the situation occurred to report the incident or breach; and
(5) Contact the desk officer responsible for the trip.
c. The contacted RDCO or hub chief must:
(1) Report the incident or breach to the Office of the Diplomatic Courier Service (DS/C/DC);
(2) Report the incident or breach to the diplomatic courier’s office;
(3) Inform the Office of Diplomatic Law and Litigation (L/DL) via email at legal-dl-dl@state.gov of any situation of a pouch breach as defined by 12 FAM 131;
(4) Coordinate with the RSO at all posts where the incident or breach occurred;
(5) Contact the RSO, IPO, and the PCO at the post of origin;
(6) If possible, contact the receiving customer to notify them of the situation and seek disposition instructions; and
(7) Submit a pouch discrepancy report in the ILMS-DPM Maintain Pouch Discrepancy Reports section for the Diplomatic Pouch and Mail Division (PMP/DPMW).
d. The regional security officer (RSO) must:
(1) Submit a SIR to DSCC;
(2) Fully investigate the incident or breach;
(3) Provide report findings to the RDCO, DS/C/DC, and PMP/DPM, as appropriate; and
(4) Report the incident or breach to the Office of Counterintelligence (DS/DO/CI) and the Program Applications Division (DS/IS/APD).
e. The IPO or PCO at the originating post must inform the originating customer of the situation.
f. The post’s IPO or PCO must determine all originators of diplomatic pouch contents, including those from other agencies, and immediately inform them of the possible compromise. NOTE: At posts where DS/C/DC has pouching responsibility, DS/C/DC must make the notifications instead of the IPO/PCO.
g. Non-professional couriers, courier escorts, and any cleared U.S. government employee assigned classified pouch responsibilities must report all pouch-out-of-control situations immediately via their chain of command to the relevant PCO who assigned their duties or who assigned them their non-professional courier letter, and to any DS officer they are able to contact, to mitigate any possible security compromise.
(1) Contact DSCC;
(2) Contact the RSO at the post where the situation occurred and provide details of the incident or breach to assist RSO with submission of an SIR;
(3) Contact the RDCO or hub chief that services the post where the situation occurred to report the incident or breach.
12 FAM 133 INVESTIGATIONS
(CT:DS-421; 01-31-2024)
In response to the 12 FAM 132 RSO reporting requirements on classified diplomatic pouch-out-of-control situations:
(1) DS/IS/APD evaluates the pouch-out-of-control situation to determine whether or not a security incident as defined in 12 FAM 552 occurred;
(2) DS/DO/CI must report all known facts to the Office of Special Investigations (DS/DO/OSI) for review;
(3) DS/C/DC and the RSO must independently (or jointly if they reach a consensus) provide DS/DO/OSI with all necessary facts to determine if the pouch-out-of-control situation was due to employee error; and
(4) The DS/C/DC office director, or the office director’s designated representative, may restrict a diplomatic courier from any further travel or request that the post cancel a non-professional diplomatic courier letter on a case-by-case basis depending upon the seriousness of circumstances surrounding the situation.
12 FAM 134 DISCIPLINARY ACTION
(CT:DS-421; 01-31-2024)
a. The “classified diplomatic pouch breach” or "classified diplomatic pouch incident" may constitute a security incident under 12 FAM 550. Any culpability on the diplomatic courier’s part is regarded as a serious security breach.
b. Security incidents concerning diplomatic couriers must be handled in accordance with 12 FAM 550.
c. Failure to comply with 12 FAM 130 may result in additional disciplinary action.
12 FAM 135 THROUGH 139 UNASSIGNED