12 FAM 140
DIPLOMATIC COURIER
DOCUMENTATION AND STATUS
(CT:DS-345; 01-14-2021)
(Office of Origin: DS/C/DC)
12 FAM 141 PROFESSIONAL DIPLOMATIC COURIER LETTERS
12 FAM 141.1 General
(CT:DS-345; 01-14-2021)
a. The Vienna Convention on Diplomatic Relations (VCDR) requires that diplomatic couriers bear an official document indicating their status. The Office of the Diplomatic Courier Service (DS/C/DC) provides all professional diplomatic couriers with a letter signed by the Secretary of State to meet this requirement. This document ensures classified diplomatic pouches crossing international boundaries are inviolable; may neither be opened nor detained; and are free from inspection and electronic surveillance, including x-ray or, canine scent detection, metal detectors, contact explosive detection, etc.
b. The pouched material must be carried in appropriately marked and sealed diplomatic containers for the professional diplomatic courier letter to be effective. The container must bear a diplomatic pouch tag prepared in accordance with 14 FAH-4 H-214.2.
c. Diplomatic couriers must have their diplomatic courier letters and diplomatic passports in their possession at all times while on official travel. (See 12 FAM Exhibit 141.1 for a sample professional diplomatic courier letter.)
12 FAM 141.2 Issuance
(CT:DS-345; 01-14-2021)
a. DS/C/DC must provide each diplomatic courier a letter bearing an official raised seal and the signature of the current Secretary of State. When a new Secretary of State takes office, DS/C/DC must issue new diplomatic courier letters bearing the official seal and the new Secretary’s signature.
b. Unless cancelled, a diplomatic courier’s letter remains valid until its expiration date (usually 5 years after issuance).
c. The professional diplomatic courier letter is an accountable document. Each letter must bear a unique serial number issued by the Diplomatic Courier Service. The administrative person designated for this duty at the Washington, DC office must retain a log book. The log must contain all professional courier serial numbers along with the name of the associated courier and date of issuance until such time as determined by the Director of the Diplomatic Courier Service.
12 FAM 141.3 Cancellation
(CT:DS-170; 10-19-2011)
a. DS/C/DC, or the regional diplomatic courier officer (RDCO), must cancel a diplomatic courier’s letter when:
(1) A new letter is issued; or
(2) The employee no longer serves as a diplomatic courier (e.g., when a diplomatic courier retires, resigns, or transfers to other duties).
b. When cancelled, the diplomatic courier letter may be returned to the employee, and the cancellation must be reported to DS/C/DC by memorandum.
c. To cancel a diplomatic courier’s letter, the official seal must be mutilated by perforating it with a machine or writing the word “Cancelled” in indelible ink across its face.
12 FAM 142 NONPROFESSIONAL DIPLOMATIC COURIER LETTERS
12 FAM 142.1 General
(CT:DS-345; 01-14-2021)
a. Nonprofessional diplomatic courier letters serve the same purpose as professional diplomatic courier letters. The Vienna Convention on Diplomatic Relations (VCDR) requires that nonprofessional diplomatic couriers bear an official document indicating their status. This document ensures classified diplomatic pouches crossing international boundaries are inviolable, may neither be opened nor detained, and are free from inspection and electronic surveillance, including x-ray or, canine scent detection, metal detectors, contact explosive detection, etc. (See 12 FAM 536.9-1 for conditions that may warrant a nonprofessional diplomatic courier.)
b. The pouched material must be carried in appropriately marked and sealed diplomatic containers for the nonprofessional diplomatic courier’s letter to be effective. The container must bear a diplomatic pouch tag prepared in accordance with 14 FAH-4 H-214.2. Any deviation from these requirements must be reported as a security incident to the Office of Information Security (DS/SI/IS) per 12 FAM 228.6.
12 FAM 142.2 Issuance
(CT:DS-345; 01-14-2021)
a. Nonprofessional diplomatic courier letters may not serve as authority to remove classified or administratively controlled materials from official premises for posts for overnight personal custody (see 12 FAM 533.1). Prior to issuance of a nonprofessional courier letter, the proposed courier must complete a DS/C/DC authorized nonprofessional courier briefing. Contact post’s regional courier office or hub to determine the current authorized methodology.
b. Once the candidate completes the nonprofessional courier briefing, the principal officer at post, RDCO, diplomatic courier hub supervisor, or DS/C/DC may issue a nonprofessional diplomatic courier letter. (See 12 FAM Exhibit 142.2 for a sample nonprofessional diplomatic courier letter.)
c. The nonprofessional diplomatic courier letter is an accountable document. Each letter must bear a unique serial number issued by the post. It is recommended that the serial numbers commence with the number 001 at the beginning of each calendar year and be maintained separately by year. The issuing office at that post must retain a log book or journal. The log book must contain the last 5 years (unless the post is newer) of serial numbers along with the name of the nonprofessional assigned and the date of issuance.
d. Posts must consult with their servicing regional diplomatic courier office before using a nonprofessional diplomatic courier. A nonprofessional diplomatic courier is appointed only if the regional diplomatic courier office or hub is unable to provide a professional diplomatic courier. Regional diplomatic courier offices provide input and essential briefing information to ensure the proper execution of a nonprofessional diplomatic courier mission. Nonprofessional diplomatic couriers traveling by air are restricted to cabin-carry pouches only and must be direct-hire U.S. citizen employees with a Top Secret (TS) security clearance and a valid diplomatic passport (See 12 FAM 113.2)
e. In the Washington area, nonprofessional diplomatic courier letters are only issued by DS/C/DC at its SA-8 location:
Logistics Operations Center
7000 Loisdale Road
Springfield, VA 22153.
f. A nonprofessional diplomatic courier letter may be issued to an individual when:
(1) Professional diplomatic courier service is not available (see section 12 FAM 536.9), and
(2) The candidate:
(a) Is a full-time, permanent direct-hire U.S. citizen employee of the mission;
(b) Possesses a TS clearance;
(c) Either has been issued a diplomatic passport or the DS/C/DC Office Director has approved the individual’s use of an official passport; and
(d) Has completed the nonprofessional courier briefing. Briefing officers may find reference material on the DS/C/DC Intranet site.
g. Before issuing a nonprofessional diplomatic courier letter to transport pouches across an international boundary, the issuing office must notify the DS/C/DC Office Director, RDCO, and destination and transit posts via priority telegram. The telegram must provide the recipients sufficient time to intervene before the commencement of travel. It must include the individual’s:
(a) Full name;
(b) Travel dates;
(c) Itinerary, including transit stops;
(d) Trip justification; and
(e) Serial number of the diplomatic courier letter issued by the post.
h. A nonprofessional diplomatic courier letter is not required for transporting pouches overland between an embassy and a consulate or between consulates within the same country if no international borders are crossed. Notification to DS/C/DC or the RDCO is not required. However, a nonprofessional diplomatic courier letter may be issued for an in-country trip if local authorities require one, or the post determines that the letter is required to ensure the protection of official material. For in-country overland trips, nonprofessional diplomatic couriers may use an official passport. For air shipments, refer to 12 FAM 113.2.
i. At posts without a diplomatic courier office, the principal officer or designee must sign each nonprofessional diplomatic courier letter and impress it with the post’s official seal.
12 FAM 142.3 Conclusion of a Nonprofessional Courier Trip
(CT:DS-170; 10-19-2011)
a. Upon completion of a trip, the nonprofessional diplomatic courier must deliver the classified diplomatic pouch directly to the pouch control officer (PCO) and give the authorizing letter to either the RSO or the PCO of the post where the pouch was delivered.
b. When ending a nonprofessional diplomatic courier mission in Washington, D.C., the classified diplomatic pouch must be delivered directly to the Department of State, Harry S Truman building, room B-437 during normal duty hours, and room 5440 after regular duty hours and weekends. The nonprofessional diplomatic courier must submit the diplomatic courier letter to the designated PCO for cancellation (see 14 FAH-4 H-252.1).
c. When ending a nonprofessional diplomatic courier mission in Miami, Florida, the nonprofessional diplomatic courier must contact the RDCO in advance to arrange delivery of the classified diplomatic pouch to either the Florida Regional Center North or South secure facility location. The nonprofessional diplomatic courier must submit the diplomatic courier letter to the RDCO or PCO for cancellation.
d. If the nonprofessional diplomatic courier is returning to the Continental United States (CONUS) other than Washington, D.C., or Miami, Florida, with a classified diplomatic pouch, pre-authorization must be obtained from the Office of Logistics Management (A/LM) prior to departure so A/LM can identify and authorize a local PCO.
e. Unless DS/C/DC authorizes further use of the diplomatic courier letter, the issuing officer must notify the destination office (if not the same) that the letter is cancelled and note the name of the responsible officer who was contacted in the issuance log book. The responsible officer must immediately cut or perforate the seal or write the word “Cancelled” across its face in indelible ink. The responsible officer must report the destruction of the letter by memorandum to DS/C/DC. Upon completion of this procedure, the letter may be returned to the employee.
12 FAM 143 DIPLOMATIC STATUS
12 FAM 143.1 Professional Diplomatic Courier Status While on a Mission
(CT:DS-345; 01-14-2021)
All professional diplomatic couriers “enjoy person inviolability” from the time they assume custody of the classified diplomatic pouch until their return to their duty station. (See paragraph 5 of Article 27 of The Vienna Convention on Diplomatic Relations (VCDR).
12 FAM 143.2 Nonprofessional Diplomatic Courier Status
(CT:DS-345; 01-14-2021)
All nonprofessional diplomatic couriers maintain “person inviolability” only while the diplomatic pouches are under their control. The immunity ceases once the diplomatic pouches have been signed for by the receiving post. (See paragraphs 5 and 6 of Article 27 of The Vienna Convention on Diplomatic Relations (VCDR).
12 FAM 144 THROUGH 149 UNASSIGNED
12 FAM Exhibit 141.1
SAMPLE PROFESSIONAL DIPLOMATIC COURIER LETTER
(CT:DS-170; 10-19-2011)
DEPARTMENT OF STATE
WASHINGTON, DC
No.: 111
TO ALL WHOM THESE PRESENTS SHALL COME, GREETING:
I, the undersigned, Secretary of State of this United States of America, hereby request all those whom it may concern to afford all such facilities as may be necessary to permit
Richard Roe
U.S. Diplomatic Courier
the bearer of official property of the United States of America between the Department of State at Washington, DC, and the Embassies and Consulates of the United States of America, to pass safely and freely in fulfillment of this mission without examination of the official property in question which is under seal, and in case of need, to provide all lawful aid and protection.
I further request all whom it may concern to extend to the holder all privileges and immunities which may expedite passage on this urgent mission with which said Diplomatic Courier has been charged on behalf of the United States of America.
This Diplomatic Courier letter is issued only to individuals regularly employed as Diplomatic Couriers and is given solely for the purpose hereinbefore indicated. This letter is valid for a period of five years from date of issue, with the expressed understanding that it will be returned to the Department of State for cancellation on the termination of the bearer’s employment.
In the event of an emergency concerning this Diplomatic Courier, please contact the Department of State, DS Command Center, Washington, DC; telephone: (1)(571) 345-3146.
Given under my hand and seal of the Department of State of the United States of America at Washington this first day of January in the year of our Lord, Two Thousand and Ten, and the year after the Independence of the United States of America, the Two Hundred and Thirty-Fourth.
Secretary of State
of the United States of America
[SEAL]
12 FAM Exhibit 142.2
SAMPLE NONPROFESSIONAL DIPLOMATIC COURIER LETTER
(CT:DS-170; 10-19-2011)
United States Embassy
[Rosslyn, Zee]
No. [111]
TO ALL WHOM THESE PRESENTS SHALL COME, GREETING:
I, the undersigned United States Ambassador, hereby request all whom it may concern to permit [John Doe] acting as ad-hoc Diplomatic Courier between the United States Embassy at [Rosslyn, Zee] and the [Department of State at Washington, DC], and the bearer of official property of the Government of the United States of America, to pass safely and freely in fulfillment of this mission without examination of the official property in question which is under seal, and in case of need, to provide all lawful aid and protection.
I further request all whom it may concern to extend to [Mr. Doe] any or all privileges or facilities that may expedite passage of this urgent mission.
This letter is authorized solely for the single journey indicated herein and issued with the expressed understanding that it must be surrendered to the [Diplomatic Courier Service (DS/C/DC), SA-8, Department of State] for cancellation. This Diplomatic Courier letter is valid for a period of [five] days from date of issue.
In the event of an emergency concerning this Diplomatic Courier, please contact the nearest United States Embassy or Consulate or the Department of State, DS Command Center, Washington, DC; telephone: (1)(571) 345-3146.
Given under my hand and seal of the United States [Embassy] at [Rosslyn, Zee] this [first] day of [January] in the year of our Lord, Two Thousand and [Ten] and the year after the Independence of the United States of America, the Two Hundred and [Thirty-Fourth].
[U.R. Ambassadore’]
United States Ambassador
[SEAL]