UNCLASSIFIED (U)

12 FAM 450 

SECURITY SUPPORT AGREEMENTS

(CT:DS-304;   10-17-2018)
(Office of Origin:  DS/MGT/PPD)

12 FAM 451  MEMORANDA OF UNDERSTANDING (MOU)

(TL:DS-76;   07-03-2001)

Under the Omnibus Diplomatic Security Act, DS may provide security services to U.S. Government departments and agencies through the establishment of Memoranda of Understanding on Security Support Abroad. The Department has signed MOUs with several agencies.

12 FAM 451.1  U.S. Agency for International Development (USAID)

(CT:DS-177;   05-23-2012)

The MOU between the Department of State and the U.S. Agency for International Development (USAID) on Security Support Abroad was signed on March 24, 2004. Its text is given as 12 FAM Exhibit 451.1.

12 FAM 451.2  U.S. Agency for Global Media (USAGM)

(CT:DS-304;   10-17-2018)

The MOU between the Department of State and the USAGM on Security Support Abroad was signed on May 21, 2001.  Its text is given as 12 FAM Exhibit 451.2.

12 FAM 451.3  Department of Defense (DOD)

(CT:DS-177;   05-23-2012)

The MOU between the Department of State and the Department of Defense on Security Support Abroad was signed on September 17, 1990. Its text is given as 12 FAM Exhibit 451.3.

12 FAM 451.4  Department of Commerce

(CT:DS-177;   05-23-2012)

The MOU between the Department of State and the Department of Commerce on Security Support Abroad was signed into effect on May 29, 1992. Its text is given as 12 FAM Exhibit 451.4.

12 FAM 451.5  Department of Navy

(CT:DS-177;   05-23-2012)

The MOU between the Department of State and the Department of the Navy concerning the use of Naval support unit personnel [Seabees] assigned to the Department’s Security Program was signed on October 17, 2002. Its text is given as 12 FAM Exhibit 451.5.

12 FAM 451.6  Peace Corps

(CT:DS-177;   05-23-2012)

The MOU between the Department of State and the Peace Corps on Security Support Abroad was signed into effect on May 11, 2012.  Its text is given as 12 FAM Exhibit 451.6.

12 FAM 451.7  The Centers for Disease Control and Prevention

(CT:DS-248;   01-04-2016)

The MOU between the Department of State and the Centers for Disease Control and Prevention Security Support Abroad was signed into effect on October 26, 2015.  Its text is given as 12 FAM Exhibit 451.7.

12 FAM 452  SECURITY OF INTERNATIONAL CONFERENCES

(TL:DS-76;   07-03-2001)

DS provides security arrangements for international conferences, foreign and domestic, in which the United States participates and at which U.S. classified and administratively controlled information is present.

12 FAM 453  THROUGH 459 UNASSIGNED


12 FAM EXHIBIT 451.1  
Memorandum of Understanding (MOU) Between the Department of State and the U.S. Agency for International Development (USAID) on Security Support Abroad

(CT:DS-177;   05-23-2012)

I.      AUTHORITIES

The Omnibus Diplomatic Security and Anti-Terrorism Act of 1986 (P.L. 99-399) assigns responsibility to the Secretary of State to develop and implement, in consultation with the heads of other federal agencies, policies and programs, including funding levels and standards, to provide for the protection of all U.S. government personnel on official duty abroad, and the establishment and operation of security functions at all U.S. missions abroad. To facilitate the fulfillment of this responsibility, other federal agencies are therein directed to cooperate and assist the Department of State, through agreement, to the maximum extent possible. The Omnibus Act expressly identifies types of assistance that may be rendered, such as, logistical support and security inspections. It also states that federal agencies may perform other overseas security functions as authorized by the Secretary of State.

II.    PURPOSE

A. In accordance with the above legislation and the policies established by the Overseas Security Policy Board (OSPB), the undersigned agree that the Department of State, Bureau of Diplomatic Security (DS) will perform certain overseas security functions for the United States Agency for International Development (USAID), and that the USAID’s Office of Security will cooperate and assist the Department to fulfill this responsibility in the manner and to the extent hereinafter set forth. The provisions of this Agreement supersede those contained in previous Overseas Security Agreements between USAID and the Department of State.

B. Nothing in the following agreement shall derogate from or be construed to conflict with the authorities and responsibilities of the Chief of Mission under Section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), or to derogate from or conflict with the responsibility of agencies under section 207 to keep the Chief of Mission fully and currently informed and to ensure that its employees comply with the applicable directives of the Chief of Mission.

C. Nothing in this agreement shall derogate from or be construed to conflict with the authorities and responsibilities of the Administrator of USAID under Section 587 of P.L. 105-287 to supervise, direct, and control all security activities relating to the programs and operations of USAID.

III.   POINTS OF CONTACT, TERMS OF REFERENCE AND ACRONYMS

A. Assistant Secretary of State for Diplomatic Security (DS).  The office in the Department of State responsible for matters relating to diplomatic security and counterterrorism at U.S. missions abroad.

B. Bureau of Diplomatic Security (DS), Department of State.  The offices of the Department of State that is responsible for the development and implementation of security policies and programs domestically and at U.S. missions abroad.

C. Coordinate/Coordination.  Refers to the requirement to notify all concerned parties of specific matters of mutual interest and solicit their agreement prior to taking action.

D. Consult/Consultation.  Refers to the requirement to notify and discuss with all concerned parties specific matters of mutual interest prior to taking action on such matters.

E. Controlled Access Areas (CAAs).  Controlled access areas are specifically designated areas within a building where classified information may be handled, stored, discussed, or processed. There are two types of controlled access areas: core and restricted. Core areas are those areas of the building requiring the highest levels of protection where intelligence, cryptographic, security (generally meaning technical equipment), and other particularly sensitive or compartmentalized information may be handled, stored, discussed, or processed. Restricted areas are those areas of the building in which classified information may be handled and stored. Classified discussions are permitted but may be limited to designated areas, depending on the technical security threat.

F.  Emergency Action Committee (EAC).  An organization established at a Foreign Service post by the Chief of Mission or principal officer, for the purpose of planning and coordinating the post’s response to contingencies.

G. Nonstandard Security Equipment and Systems.  Those items of security equipment, which are not in the DS, inventory and are not maintainable by DS personnel.

H. Overseas Security Policy Board (OSPB).  The Overseas Security Policy Board represents all member agencies at post under the authority of the Chief of Mission. The OSPB develops, coordinates and promotes uniform policies, standards and agreements on overseas security operations, programs and projects which affect U.S. Government agencies under chief of mission authority. The primary functions of the OSPB or subgroups shall be to formulate and develop overseas security policies and guidance for official civilian missions. Implementation of policies adopted by the OSPB shall be the responsibility of the Department of State through the Bureau of Diplomatic Security.

I.  Regional Security Officer (RSO).  The RSO is a U.S. Foreign Service security officer serving abroad at an embassy or consulate who is responsible, through the chain of command to a Chief of Mission, for implementing and managing the Department’s overseas security and related law enforcement programs. The specific geographical regions for which RSOs have responsibility may include one or more Foreign Service posts.

J.  Standard Security Equipment and Systems.  Standard Security Equipment and Systems are security equipment normally in the DS inventory and maintainable by DS personnel.

K. Physical and Technical Security Services.  These services include the provision and/or installation and maintenance of DS and USAID-approved physical and technical security equipment and systems. 

L.  United States Agency for International Development (USAID), Office of Security (SEC).  The office at USAID headquarters that is responsible for all security functions relating to facilities and personnel in the United States or abroad.

M. USAID Security Official.  USAID Security Official is the Director of the Office of Security (SEC), USAID.

N. Security Engineering Officer (SEO).  The SEO is a U.S. Foreign Service security officer serving abroad at an embassy or consulate who is responsible, through the chain of command to a Chief of Mission, for implementing and managing the Department’s overseas technical security programs. The specific geographical regions for which SEOs have responsibility may include one or more Foreign Service posts.

IV.    PHYSICAL, TECHNICAL AND PROCEDURAL SECURITY

A.     Security Analysis Services.

(1)  DS will provide to SEC, in a timely manner, information pertinent to USAID security.  Such information will include, but not be limited to: threat reports and analysis, approved modifications to DS security standards, and updates on DS approved security products, systems or designs.

(2)  Overseas, the Regional Security Officer (RSO) will advise, through DS, the respective USAID and SEC of any specific threat information concerning USAID facilities or personnel, and specify the security measures taken or planned to counter such threats. The RSO will also inform the USAID Mission Director, and SEC through DS, of any general threat information concerning the U.S. community at post.

(3)  DS, through the responsible RSO and SEO, will provide or direct physical, technical, and procedural security services at all USAID posts overseas.

B.     Standards.

(1)  DS has the responsibility for developing and issuing physical, technical, and procedural security standards, in coordination with the members of the OSPB, and identifying approved security equipment which will enhance the security of all employees of the foreign affairs agencies and all new and existing installations of U.S. missions abroad.

(2)  It is the policy of the Department of State to accord security protection on an equitable basis to all U.S. citizen employees of U.S missions abroad.  Any differences in the level of security provided to individuals or categories of employees must be based on specific higher threat levels placed on those employees and must be recommended by the Emergency Action Committee.

(3)  USAID recognizes the security standards established by the Foreign Affairs Handbook, 12 FAH-6 OSPB Security Standards and Policy Handbook and agrees to implement those standards at all USAID missions abroad.  If a USAID mission seeks to have more stringent security measures, the USAID mission will notify the Regional Security Officer of the proposed security measure.  Such changes will be handled in accordance with procedures in the OSPB Security Standards and Policy Handbook. Any costs associated with approved security upgrades will be borne by USAID through established funding mechanisms between USAID and DS as described in Section VIII of this agreement.

(4)  Existing physical and technical security equipment may be modified whenever improved deterrents are identified.  Physical and technical security equipment will undergo certification testing by U.S. Government agencies and commercial testing laboratories that have been approved by DS.  Testing will be done in accordance with DS-approved test procedures and performance criteria, to ensure that such equipment conforms to established physical security standards.

C. Surveys.  DS will conduct, on a regular basis, complete physical, personnel security and procedural surveys of USAID missions and facilities. The RSO will notify the USAID Mission Director or the Director of SEC prior to conducting a survey of USAID facilities.  SEC may participate in all or part of the survey after coordinating with the RSO. New surveys will be conducted according to DS policy or whenever major changes occur in the physical structure, size, or location of space occupied by USAID in separate facilities. These changes may include, but are not limited to, completion of significant physical security improvements, acquisition of additional space in the same building, leasing of additional office space in another building, or relocation of the USAID mission to a new site. Copies of these surveys will be forwarded to SEC for review/concurrence with survey recommendations.

D. Local Guard Program.  The RSO will manage the guard force assigned to USAID mission facilities and residences.  Appropriate guard and watchman procedures for the above locations will be established and documented in the form of written guard orders, copies of which will be provided to the USAID Unit Security Officer (USO).  USAID will fund its guard force through ICASS or other mutually agreed upon arrangement.

E. Marine Security Guards.  Marine Security Guards in rare circumstances may be assigned to USAID facilities. Such assignment must be deemed to be warranted by DS and SEC, approved by the MSG Battalion and is subject to other considerations such as the establishment of positions by the Department of State and the availability of Marine Corps personnel.

F.  Security Radio Program.  SEC will administer the USAID security radio program in support of all USAID direct-hire and U.S. contractor personnel, regardless of location. The radios provided by SEC will be fully compatible with the Department of State emergency and evacuation system.

G. Security Program Inspections.  SEC will conduct periodic security inspections of USAID office facilities, residences, and warehouses, to evaluate compliance and assist USAID in developing methods and strategies for meeting OSPB security standards and regulations. In support of these inspections, Regional Security Officers will make available to SEC such locally held files and information pertaining to USAID security as may be required.

H. Residential Security.  The RSO will establish and implement a residential security program applicable to all United States Government personnel under the authority of a Chief of Mission.  The level of protection provided to USAID direct-hire U.S. citizen residences will be consistent with approved OSPB Residential Security standards.

I.  Technical Surveillance Counter Measures Inspections.  SEOs will include the USAID missions in routine technical security countermeasures (TSCM) inspections of controlled access areas, where the technical threat warrants such routine inspections as directed by the RSO.

J.  Storage of Classified Materials.  USAID missions may store classified materials up to an authorized security classification level, in accordance with Security Standards (12 FAH-6 H-500) for the Storage of Classified Information at posts abroad.  At facilities approved by DS for storage of classified information, SEC, in consultation with the RSO, will designate controlled access areas and establish supervisory controls over the distribution and storage of classified and administratively controlled materials. 

K. Forced Entry/Penetration.  All instances involving the physical penetration of the USAID mission, including unauthorized entry or damage to property, as well as possible compromise of classified information, will be reported by the Senior USAID Official at post to the RSO and the Chief of Mission.  The RSO will conduct appropriate investigations and provide full details of the incident, as well as any follow-up action, to the Chief of Mission and the Senior USAID Official.   The RSO will also inform DS and SEC via telegram to the Department of State.  Suspected technical security penetrations and hazards discovered by the Senior USAID Official will be reported to the RSO for appropriate action.  If a SEO inspection of the USAID mission reveals a technical security penetration or hazard, a report will be provided expeditiously to SEC through DS, under the provisions of the Director of Central Intelligence (DCI) Procedural Guide I-II-III.

L.  Security Incidents.  SEC and DS will establish security violation reporting procedures for incidents at the USAID missions consistent with those specified in relevant DOS regulations and policies. The RSO shall report all USAID classified material incidents to DS. Within seven (7) days after receiving a USAID incident report from an RSO, DS will report the incident to SEC for further processing.

M. Security Training and Orientation.  The RSO will include USG personnel assigned to USAID missions and, where appropriate, their dependents in training and briefings, crisis management drills and in the dissemination of security awareness materials.  SEC may request training and briefings for others, including independent contractors.

N. Unit Security Officers.  The USAID Unit Security Officer (USO) will be responsible for the conduct of daily physical, technical and procedural security services for the USAID mission and will assist the RSO, as requested, in SEC investigative activities. The USO will receive security training and seek guidance from the RSO in the execution of security functions for the USAID mission.

O. Reports.  Copies of routine reports or correspondence pertaining to all activities conducted by or under the direction of the RSO, dealing with the USAID missions’ physical, technical, or procedural security matters, will be furnished through mission channels and DS, to SEC. Recommendations for correcting deficiencies will be included in such reports. Alerts, security incidents, or notices of threats to U.S. personnel and facilities under the authority of a Chief of Mission and to the USAID missions or personnel will be provided to SEC by secure cable. Similarly, SEC will provide copies of correspondence to DS headquarters and RSOs when communicating on such matters related to the USAID missions.

P. Installation, Maintenance and Upgrades of Security Systems.  Initial installation of technical security systems at USAID facilities will be funded by USAID and performed by USAID personnel.  By USAID request, DS will survey USAID facilities at missions being considered for DS Technical Security Upgrades (TSU).  DS may design and install USAID technical security systems or lifecycle upgrades at State TSU sites on a cost reimbursable basis.

DS technical security personnel subject to RSO priorities will provide routine maintenance and repair labor for DS standard technical security systems at USAID facilities.  The parts needed to maintain such systems will be provided to DS personnel by USAID or provided by DS on a cost reimbursable basis by USAID by mutual agreement prior to performing the work.  Technical security systems determined by DS to be beyond the equipment lifecycle (equipment failure, obsolescence, the inability to obtain parts or systems not meeting current FAM or OSPB standards) will be replaced as noted above for initial installations.

The maintenance of non-standard equipment, which is not in DS inventory, will be the responsibility of the USAID missions utilizing the equipment. In cases where the USAID missions require technical equipment or configurations, which are non-standard to the DOS inventory, the USAID mission will procure, install and maintain the equipment at its own cost.  Non-standard technical equipment will only be used if an SEO certifies that it will not interfere with any standard DOS equipment installed and such equipment meets FAM and OSPB standards.  SEC, with DS concurrence, may contract separately for maintenance of security systems at remote sites that require extensive maintenance of a timely and frequent nature.

Q. Requests for RSO Assistance.  Requests from a USAID mission to the RSO for physical, technical and procedural security assistance not addressed elsewhere in this MOU will be cleared through the Deputy Assistant Secretary for Diplomatic Security and Director, Diplomatic Security Service, International Programs (DS/DSS/IP) and USAID/SEC.

R. Armored Vehicles.  In the event that a USAID mission requires armored vehicles, the level of protection provided will be consistent with approved OSPB Armored Vehicle standards.  DS will conduct inspections of USAID armored vehicles during production on a cost reimbursable basis. 

V.     PERSONNEL SECURITY INVESTIGATIONS.

A. DS will conduct personnel security investigations, pursuant to Executive Order 10450 and [Executive Order] 12968, on U.S. citizens who are applying overseas for direct-hire and contract positions in USAID.  When requested by SEC, DS will also conduct personnel security investigations of U.S. citizen direct-hire and contract personnel serving overseas. All such investigations will be scheduled through DS.

B. The RSO will conduct an appropriate investigation on non-U.S. citizen applicants for positions with USAID and, if appropriate, certify them as acceptable for employment.  The USAID Unit Security Officer (USO) will assist the RSO or Post Security Officer (PSO) in the conduct of these investigations when so requested. The closest cooperation will be maintained between the RSO and PSO and the USAID USO to facilitate accomplishment of local investigations in the most effective way.

C. The RSO will conduct required investigations for the USAID Mission Director in matters concerning alien contractors and alien contractor personnel. The scope of coverage will be determined by the RSO and will be consistent with DS guidelines.

D. The RSO will conduct investigations on intended non-U.S. citizen spouses and cohabitants of U.S. citizen USAID employees when tasked to do so by DS.

E. When the RSO receives reports or allegations bearing on the security or loyalty of USAID employees, the RSO shall communicate this information to DS. DS will advise SEC in a timely manner and provide investigative guidance to the RSO.  Except for emergency situations, or at the direction of the COM, the RSO will not initiate an investigation of USAID personnel without DS approval.

F.  In the event that DS receives reports or allegations reflecting adversely on the suitability of USAID U.S. employees overseas, the RSO will immediately communicate this information to SEC, via DS, for determination of investigation requirements.

G. Except for emergency situations, no USAID U.S. citizen employee under investigation by the RSO shall be confronted in an interview situation without approval and instruction from DS following consultation with SEC.

H. The RSO will provide detailed reports of all security investigations conducted for USAID. All routine personnel security investigations will be forwarded to USAID through DS.

VI.    TRAINING SERVICES

A. The USAID USO will be trained and assisted in security matters by the appropriate Regional or Post Security Officer.

B. The RSO will include USAID U.S. direct-hire and U.S. contractor personnel in all security training and briefings and provide them with appropriate security briefing materials.

VII.  ISSUE RESOLUTION

Should a conflict arise between USAID Mission Officials and DS Security Officers concerning the substance or interpretation of security matters, the issues in question will be forwarded to DS and SEC for resolution.

VIII. BUDGET AND REIMBURSEMENT

A. The Department of State will provide the services delineated in this agreement without cost except as otherwise specified in the agreement.  USAID will reimburse the Department of State for any expanded level of such services, or any additional type of security provided by the Department of State, as requested by USAID or as agreed prior to provision of such expanded or additional services.  Reimbursement will be handled by the budget offices of DS and USAID, through standard procedures for reimbursement for services rendered.

B. USAID will coordinate fully with DS to develop USAID specific overseas security resource levels. USAID will incorporate this request for security funding as a part of their budget submission.

C. All provisions of this MOU are subject to availability of appropriated funds.

IX.    IMPLEMENTATION AND TERMINATION

This Memorandum of Understanding will become effective upon signature by the representatives of the Department of State and the Agency for International Development named below. It will be included in the official security policy manual of the Department of State; Volume 12 of the Foreign Affairs Manual series entitled Diplomatic Security. The MOU will remain in force until sixty days after notification by either party of its intention to terminate the agreement.

 

_______/s/__________                        _________/s/_____________

C. Michael Flannery                              Ambassador Francis X. Taylor
Director of Security                              Assistant Secretary for
U.S. Agency for International                 Diplomatic Security
Development                                      Department of State

 

Date:  March 23, 2004___                     Date:  March 24, 2004___

 


12 FAM EXHIBIT 451.2  
Memorandum of Understanding (MOU) Between the Department of State and the U.S. Agency for Global Media (USAGM) Concerning Security Support Abroad

(CT:DS-304;   10-17-2018)

I.      AUTHORITY AND PURPOSE

The Department of State enters into this Memorandum of Understanding pursuant to the authority and responsibility of the Secretary of State over security matters as set forth in the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (P.L. 99-399). The Act requires the Secretary of State, in consultation with the heads of other U.S. agencies having personnel at U.S. missions abroad, to develop and implement policies and programs, including funding levels and standards, in order to provide for the security of United States Government operations of a diplomatic nature. Such policies/programs shall include:

(1)  The protection of all U.S. Government personnel on official duty abroad and their accompanying dependents, other than those personnel under the command of a United States area military commander; and

(2)  The establishment and operation of security functions at all U.S. Government missions abroad, other than facilities or installations subject to the control of a United States area military commander.

Nothing in this agreement shall derogate from or be construed to conflict with the authorities and responsibilities of the Chief of Mission under law and Presidential directive or/and Presidential Letter of Instruction and under Section 207 of the Foreign Service Act of 1980 and the United States International Broadcasting Act of 1994, as amended.

The Secretary has directed that the Assistant Secretary for Diplomatic Security be responsible for the implementation of the diplomatic security program.  The Bureau of Diplomatic Security will coordinate the development of security standards and policies affecting all personnel at U.S. missions abroad through the Overseas Security Policy Board (OSPB) or its successor.  The USAGM will be represented as a voting member of the OSPB and will be subject to the policies promulgated by that body.  As such, the USAGM will rely on the expertise and assistance of the Regional Security Officers (RSO) in the provision of security support.

The Omnibus Act requires other federal agencies to cooperate, to the maximum extent possible, with the Secretary of State through the development of interagency agreements on overseas security. Such agencies may perform security inspections and provide logistical support relating to their differing missions and facilities, and perform other overseas security functions as may be authorized by the Secretary, with or without reimbursement.

II.    GENERAL ISSUES

Existing Policy

Department of State policy that is applicable to all agencies under the Chief of Mission Authority is applicable to the USAGM.  In particular, the OSPB Security Standards and Policy Handbook (12 FAH-6), the Physical Security Policy for Voice of America Correspondents (12 FAH-6 H-521.2) and the Information Security Regulations in 12 FAM 500 and 600 are applicable to USAGM personnel, facilities and operations abroad.

The USAGM will represent the security interests for facilities covered by this MOU to include, but not be limited to, the overseas offices and bureaus of the Voice of America and the transmission stations and affiliate offices of the International Broadcasting Bureau.

Points Of Contact

A. Regional security officer (RSO) – For each post, there is an RSO responsible for the physical, technical and procedural security of all U.S. Government agencies under the authority of the Chief of Mission overseas, including, USAGM personnel and facilities.  The RSO is the point of contact (POC) for security matters at post for the USAGM station Manager.

B. Station Managers - The USAGM Station Managers or designated alternates, will serve as the POC to RSOs for all security matters at post.

C. DS Headquarters – The DS Office Director responsible for the particular program of concern to USAGM will serve as the POC for the USAGM Security Director.  In the absence of the respective Office Director, contact will be elevated to the Executive Director, DS.

D. USAGM Headquarters – The USAGM Security Director will serve as POC in Washington, DC, for all overseas security related issues between the USAGM and DS Headquarters.

Security Issues at Post.

If security issues not covered in this MOU arise at post, or if there is an issue concerning the substance or interpretation of this MOU, the USAGM Station Manager and RSO will attempt to resolve the issue at post.  Unresolved matters will be referred to both the USAGM security director and DS headquarters for resolution.

III.   PHYSICAL, TECHNICAL AND PROCEDURAL SECURITY ISSUES

In accordance with the Omnibus Diplomatic Security Act, the Department of State and USAGM agree to the following provisions regarding security services and procedures.

Standards.

A. DS has the responsibility for developing and issuing physical, technical, and procedural security standards, and identifying approved security equipment, in consultation with USAGM and other federal agencies.  Existing security standards may be modified, in consultation with the OSPB whenever improved deterrents are identified.

B. Physical and technical security equipment will undergo certification testing by U.S. government agencies and commercial testing laboratories that have been approved by DS. Testing will be done in accordance with DS-approved test procedures and performance criteria to ensure that such equipment conforms to established security standards.

C. The Department recognizes the international broadcasting mission of USAGM and the unique circumstances of Voice of America (VOA).  OSBP Standards (12 FAH-6) provide applicable procedures and guidelines for the security of Department of State installations abroad and other Federal agencies under the Chief of Mission authority.

Surveys.

A. DS will be responsible for conducting physical, technical, and procedural security surveys of all USAGM overseas facilities on a non-reimbursable basis.  Regional security officers conducting the surveys will make recommendations based upon established security standards and advise the senior USAGM official at post of any weaknesses or deficiencies noted in the course of such surveys.

B. With respect to the USAGM and OSPB approved policy that VOA correspondents be viewed by their press colleagues as independent reporters and not as members of the official U.S. Mission, security requirements of the RSO for VOA correspondents should be handled on a case-by-case basis in accordance with 12 FAH-6 H-521.2.

C. Similarly, in accordance with 12 FAH-6 H-521.2, the RSOs will not include offices of VOA correspondents in their routine physical security surveys of USAGM facilities. However, at the correspondent’s request, the RSO may conduct informal advisory visits to offices and residences for the purpose of identifying security deficiencies and recommending remedial action.

Security Program Inspections

USAGM may conduct periodic inspections of its facilities abroad. Further, USAGM may review the adequacy of the local guard, residential security, or other security services provided to the USAGM. On such occasions, the RSO shall make available to the USAGM such locally held files and information pertaining to the USAGM as may be required.  USAGM will provide DS with copies of the final reports of security inspections made by its personnel. Prior to departure from the post, the USAGM official conducting the inspection will review the recommendations or issues with the RSO.  RSO approval must be obtained before implementing any security program changes.

Local Guard Program

A. With the exception of any independently funded locations, all USAGM local guards continue to be funded from the DS Local Guard Program.  Guards funded independently under contract with the USAGM will be converted to State Department contracts with base funds transferred to DoS or alternatively, will be funded by USAGM through an annual reimbursement to the Department.

B. The RSO shall establish, implement and manage local guard procedures necessary for the security of USAGM facilities.

C. In the case of VOA relay stations at remote sites, the Station Manager may be designated the unit security officer and contracting officer’s Technical Representative and, as such, will supervise day-to-day activities of the local guard program at the facility under the overall direction of the RSO.  In those cases, where necessary and practical, DS may let a separate contract for guard services at remote facilities.  (See unit security officer paragraph, Page 12)

Armored Vehicles

USAGM may utilize the Department’s armored vehicle contract.  USAGM will follow OSPB policy on the deployment of armored vehicles.  USAGM will fund all costs related to its armored vehicles including purchase, armoring, shipping and maintenance and repairs.

Forced Entry/Penetration

All instances involving physical penetration of a building, including unauthorized entry or damage to property, as well as possible compromise of classified information, will be reported by USAGM to the RSO. The RSO will conduct appropriate investigations and provide USAGM with the full details of the incident as well as any follow-up action.  Suspected technical security penetrations discovered by USAGM personnel will be reported to the RSO for appropriate action.

Restricted Areas

At facilities with appropriate physical and technical security countermeasures that are approved for storage of classified information, the RSO will designate restricted areas and establish supervisory controls over distribution and storage of classified and administratively controlled materials.

Training and Orientation

The RSO will include USAGM personnel in all security training and briefings programs and appropriate crisis management drills at post.

Unit Security Officers

Where determined to be of practical operational value and in consultation with the RSO, the USAGM station manager may be directly appointed or may appoint a unit security officer.  The unit security officer will be responsible for the conduct of daily physical, technical and procedural security services for USAGM.  The unit security officer will be trained, guided and supervised by the RSO in the execution of security functions.  Based upon RSO instructions, the unit security officer will report all security incidents directly to the RSO.

Reports

Copies of routine reports or correspondence pertaining to activities conducted by or under the direction of the RSO dealing with USAGM physical or procedural security matters, will be furnished through DS to USAGM.  Recommendations for correcting deficiencies as well as corrective action taken will be included in such reports.  The RSO will immediately provide information to the USAGM station manager about alerts, security incidents, or notices of threats to personnel and facilities.

Installation and Maintenance of Security Systems

Subject to survey recommendations, DS will support, on a reimbursable basis, the installation of standard security systems at USAGM facilities upon request, either by using security engineering officers, Seabees, security technician specialists, security engineering contractors or other cleared U.S. contractors.  New systems if connected to any DoS system should not interfere or degrade the security of current systems.  The maintenance of standard DS technical security equipment at USAGM facilities will be included in the DS Security Equipment Maintenance Program (SEMP) on a reimbursable basis. Nonstandard equipment will generally be replaced, on a reimbursable basis, vice repaired if unusual maintenance problems or expenses arise. In cases where USAGM requires technical equipment nonstandard to the DoS inventory, USAGM will procure, install and maintain the equipment at its own cost. Non-standard technical equipment will only be used if DS Engineering certifies that it will not interfere with any standard DoS system installed.  With DS concurrence, USAGM may contract separately for maintenance of procured and installed security systems at remote sites.

Security Upgrade Projects

DS will provide security oversight for USAGM overseas security projects to include those left partially completed by USIA upon integration with the Department.  Security oversight will be carried out by the RSO and will be limited to site surveys, advice on security projects, specifications, and assistance to the USAGM and the post relating to contract issuance.  Project quality assurance will be a joint effort of the USAGM unit security officer, the GSO and the RSO.  Construction will be done under contract.  Funding for USAGM security upgrade projects will be the responsibility of USAGM.  Oversight and guidance by the Department of these projects will be done on a non-reimbursable basis.

Requests for RSO Assistance/Joint Inspections

Requests from USAGM to the RSO for physical, technical and procedural security assistance not addressed elsewhere in this MOU will be cleared through DS headquarters. In the event of a problem with security services provided by the RSO to the USAGM, and when attempts to resolve the problem in consultation with the RSO have failed, USAGM may bring its concerns to both DS and USAGM headquarters for resolution.

Residential Security

The Omnibus Act of 1986 provides authority for a residential security program applicable to personnel of all foreign affairs agencies. The Department’s residential security policy provides equitable treatment/coverage to all U.S. Government personnel at posts, in accordance with prevailing threat assessments and the OSPB-approved security standards (12 FAH-6).  DS will budget for and fund all physical security countermeasures for USAGM residential security.

IV.    INVESTIGATIONS

A. DS has the responsibility for security investigations of U.S. citizen applicants, alien spouses, alien applicants, employees and contractors of USAGM at U.S. missions abroad.  RSOs will also provide overseas investigative support on USAGM cases.  All requests for investigations will be channeled through DS headquarters to the RSO.  DS will perform these investigations on a non-reimbursable basis.

B. Copies of investigative reports, contact reports and correspondence relating to investigative support of USAGM matters or personnel will be furnished to the USAGM via DS headquarters.

C. USAGM may, at its discretion, dispatch personnel from its headquarters staff to inquire into a USAGM investigative matter. All such activity will be coordinated in advance with the RSO through DS headquarters.

U.S. Citizens

A. Overseas, U.S. citizen contractors and employees of USAGM will be investigated by the RSO upon the request of the USAGM Security Office through DS.

B. At the direction of the Chief of Mission, overseas U.S. contractors and employees will be investigated by the RSO when allegations or complaints of a security nature are received.  Following initial or preliminary inquiries but prior to initiating an official investigation of any USAGM employee, the RSO will report the case to the USAGM Security Office via DS.

Non-U.S. Citizens

A. The RSO and USAGM station manager at post will insure that all non-U.S. citizens proposed for contractual status or employment are investigated in accordance with established procedures.  The RSO will issue a certification for employment in each approved case. Investigations should be completed prior to employment or execution of a contract. However, such persons may be employed on an interim basis upon completion of a satisfactory local investigation and temporary certification by the RSO. Continued employment will be contingent upon satisfactory results of a completed investigation. Employees and contractors are to be reinvestigated and certified every five years.

B. Allegations of misconduct against alien employees or non-U.S. citizen contractors will be investigated by or under the direction of the RSO. Detailed reports of such investigations shall be forwarded to the USAGM Security Office through DS. The results of such investigations shall be the basis for a determination by the RSO of corrective action to be taken. The RSO may refer to the USAGM Security Office, through DS, any cases for which the RSO believes a decision should be made by Washington.

C. The RSO, with the cooperation of the USAGM station manager at post, will ensure that every non-U.S. citizen who requires access to administratively controlled information is properly investigated and certified.

D. Security checks and/or investigations of domestic staff of USAGM employees will be conducted consistent with post policy.

E. Investigations of alien spouses or proposed alien spouses of U.S. citizen employees will be conducted consistent with State Department personnel policies stated in Volume Three of the Foreign Affairs Manual (3 FAM).

V.     BUDGET AND REIMBURSEMENT

A. USAGM will continue to be included in the formulation of the DS annual security budget. Based on justifications submitted by USAGM, DS will support requests for security equipment.

B. Reimbursement for security services rendered by the Department of State will be controlled by the budget offices of DS and USAGM using accepted reimbursement principles and procedures.

VI.    IMPLEMENTATION AND TERMINATION

This Memorandum of Understanding will become effective upon signature by both agencies until notification by either party, sixty days in advance, of their intention to terminate the conditions of the agreement.

 


David G. Carpenter
Assistant Secretary of State for Diplomatic Security
Department of State
_______________________
Date:  May 16, 2001


Brian T. Conniff
Acting Director
International Broadcasting Bureau
__________________________
Date:  May 21, 2001


12 FAM EXHIBIT 451.3  
Memorandum of Understanding (MOU) Between the Department of State and the Department of State and the Department of Defense on Security Support Abroad

(CT:DS-177;   05-23-2012)

The Departments of State and Defense agree to the following provisions regarding overseas security services and procedures, in accordance with the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4801 et seq.).

I.      AUTHORITY AND PURPOSE

The Omnibus Diplomatic Security and Antiterrorism Act of 1986, hereafter referred to as the Omnibus Act, requires the Secretary of State, in consultation with the heads of other federal agencies having personnel or missions abroad, where appropriate and within the scope of resources made available, to develop and implement policies and programs, including funding levels and standards, to provide for the security of United States Government operations of a diplomatic nature.  Such policies and programs shall include:

(1)  Protection of all United States Government personnel on official duty abroad (other than those personnel under the command of a United States area military commander) and their accompanying dependents; and

(2)  Establishment and operation of security functions at all United States Government missions abroad, other than facilities or installations subject to the control of a United States area military commander.

In order to facilitate the fulfillment of these requirements, the Omnibus Act requires other federal agencies to cooperate, to the maximum extent possible, with the Secretary of State through the development of interagency agreements on overseas security. Such agencies may perform security inspections; provide logistical support relating to their differing missions and facilities; and perform other overseas security functions as may be authorized by the Secretary.

II.    TERMS OF REFERENCE (Alphabetical Order)

Area Command.  A command which is composed of those organized elements of one or more of the armed services, designated to operate in a specific geographical area, which are placed under a single commander; for the purposes of this MOU, the area military commanders are: CINCEUR; CINCPAC; CINCLANT; CINCENT; and CINCSOUTH.

Assistant Secretary of State for Diplomatic Security (DS).  The office in the Department of State responsible for matters relating to diplomatic security and counterterrorism at U.S. missions abroad.

Consult/Consultation.  Refers to the requirement to notify all concerned parties of specific matters of mutual interest prior to taking action on such matters.

Controlled Access Areas (CAA).  Controlled access areas are specifically designated areas within a building where classified information may be handled, stored, discussed, or processed. There are two types of controlled access areas: core and restricted. Core areas are those areas of the building requiring the highest levels of protection where intelligence, cryptographic, security and other particularly sensitive or compartmentalized information may be handled, stored, discussed, or processed. Restricted areas are those areas of the building in which classified information may be handled and stored. Classified discussions are permitted but may be limited to designated areas, depending on the technical security threat.

Coordinate/Coordination.  Refers to the requirement to notify all concerned parties of specific matters of mutual interest and solicit their agreement prior to taking action.

Defense Components/Defense Component Headquarters.  Those DOD organizations which have activities located overseas that fall under the control of the Chief of Mission. Examples include:  the Defense Intelligence Agency (DIA) and Defense Security Assistance Agency (DSAA).

Deputy Under Secretary of Defense for Security Policy (DUSD(SP)).  The office in the Department of Defense responsible for matters relating to security and counterintelligence.

Diplomatic Security Service (DSS), Department of State.  The offices of the Department of State responsible for the development, coordination and implementation of security policies and programs domestically and at U.S. missions abroad.

DOD Executive Agent.  The Directorate for Security and Counterintelligence, Defense Intelligence Agency (DIA/OSC), has been designated as the office of primary responsibility for DOD, for matters covered by this MOU.

Emergency Action Committee (EAC).  An organization established at a Foreign Service post by the Chief of Mission or principal officer, for the purpose of planning and coordinating the post’s response to contingencies.

Foreign Service National (FSN).  Foreign Service National (FSN) employees are foreign nationals who provide clerical, administrative, technical, fiscal and other support at Foreign Service posts abroad. FSN means an employee of any foreign service-related mission/program/activity of any U.S. Government department or agency overseas establishment including, but not limited to, State, AID, USIA, Commerce, Agriculture, Peace Corps, Department of Defense, (exclusive of consular agents) who is not a citizen of the United States. The term includes Third Country Nationals (TCNs). A TCN is an individual who is employed by a U.S. mission abroad and is neither a citizen of the United States nor of the country to which assigned for duty.

Non-standard Security System.  Those items of security equipment which are not in the DS inventory and are not maintainable by DS personnel.

Overseas Security Policy Group (OSPG).  The Overseas Security Policy Group develops, coordinates and promotes uniform policies, standards and agreements on overseas security operations, programs and projects which affect U.S. Government civilian agencies represented abroad. The primary functions of the OSPG or subgroups shall be to formulate and develop overseas security policies and guidance for official civilian missions. Implementation of policies adopted by the OSPG or by any agency of the federal government represented at an overseas mission shall be the responsibility of appropriate officials of that agency.

Post Defense Component Office.  DOD offices that fall under the control of the Chief of Mission. The following offices, although only a partial listing, are examples:  Defense Attaché Offices (USDAOs), Joint U.S. Military Aid Groups (JUSMAGs), Joint U.S. Military Assistance Advisory Groups (JUSMAAGs), Joint U.S. Military Missions, U.S. Military Missions (MILMISH), Military Assistance Advisory Groups (MAAGs), Military Liaison Offices (MLOs), Offices of Defense Cooperation (ODCs), Offices of Defense Representative (ODRs), Offices of Military Cooperation (OMCs), Security Assistance Offices (SAOs), Security Assistance Technical Assistance Field Teams (TAFTs), Select Defense Intelligence Agency Liaison Offices (DIALOs), US Defense Liaison Offices (USDLOs), U.S. Liaison Offices (USLOs), U.S. Military Groups (MILGPs), U.S. Military Training Missions (USMTMs), U.S. Mutual Defense Assistance Office (MDAO).

Regional Security Officer (RSO).  The RSO is a U.S. Foreign Service security officer serving abroad at an embassy or consulate who is responsible, through the chain of command to a Chief of Mission, for implementing and managing the Department’s overseas security programs. The specific geographical regions for which RSOs have responsibility may include one or more Foreign Service posts.

Sensitive DOD Operational Programs or Activities.  Those undertakings by a local Defense Component office which are mandated by DOD, or national-level authorities, and which involve sensitive national defense or national security information or matters. Examples would include: information regarding intelligence activities, sources or methods; national defense plans or contingencies; and special access programs.

Standard Security Equipment and Systems.  Security equipment normally in the DS inventory and maintainable by DS personnel.

III.   GENERAL ISSUES

A. Existing Policy.  Nothing in this agreement shall derogate from or be construed to conflict with the authorities and responsibilities of the Secretary of State, or the Chief of Mission as described in the Omnibus Act (22 U.S.C. 4801 et seq.), the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) and NSDD-38. The following existing agreements are appended to this MOU and remain in effect between the Departments of State and Defense, to the extent that they do not conflict with this MOU.

1.   MOU between the Departments of State and Defense on Utilization and Support of Marine Security Guards, dated December 15, 1986.

2.   MOU between the Naval Security and Investigative Command, Department of the Navy, and the Diplomatic Security Service, Department of State relating to the Investigation of Criminal Counterintelligence Matters, dated March 28, 1988.

3.   MOU between the Department of State and the Department of the Navy Concerning the Use of Naval Support Unit Personnel Assigned to the Department of State’s Security Program, dated December 11, 1978.

4.   DOS-DIA Agreement Regarding Support for TEMPEST Personal Computers and Classified Information  Handling Systems,  incorporating the DOS-DIA Interagency Control Document (ICD) of July 9, 1984, as amended.

5.   STATE AIRGRAM A-41, United States Policy with Regard to Local Guard Forces (LGF) Use by Diplomatic Missions.

B. Issues Not Covered.  Should a particular security issue which is not covered in this MOU develop at a U.S. mission abroad, the interested officials, with the concurrence of the Chief of Mission, will refer the matter to the Department of State and, through the established chain of command, to the DOD Executive Agent for further consideration and subsequent policy guidance.

C. Conflicts at Post.  Should a conflict arise at post between the Defense Component office and the RSO concerning the substance or interpretation of this MOU, the interested officials will refer the matter to the Chief of Mission for resolution, through the post Emergency Action Committee (EAC). If further action is required, the post will refer the issue to the Director of the Diplomatic Security Service (DSS) and, through the established chain of command, to the DOD Executive Agent in Washington, D.C.

D. Exemptions.  Certain DOD programs, which come under Chief of Mission authority, because of their sensitivity (as defined in Section II) shall be exempt, on a case-by-case basis, from the requirements and standards of this MOU. These programs will be separately identified and coordinated in writing between DUSD(SP) and DS.

IV.    PHYSICAL, TECHNICAL AND PROCEDURAL SECURITY ISSUES

A.     Standards.

(1)  DS has the responsibility for developing and issuing physical, technical, and procedural security standards, in coordination with the members of the OSPG, and identifying approved security equipment which will enhance the security of all employees of the foreign affairs agencies and all new and existing installations at U.S. missions abroad.

(2)  It is the policy of the Department of State to accord security protection on an equitable basis to all U.S. citizen employees of U.S. missions abroad. Any differences in the level of security provided to individuals or categories of employees at post must be based on specific higher threat levels placed on those employees and must be recommended by the post Emergency Action Committee.

(3)  With regard to the security afforded to sensitive DOD operational programs and activities, it falls to the local Defense Component office at post to comply with established security program requirements. DOD agrees to comply with DS minimum security standards. If a local Defense Component office requests additional security measures beyond the established minimum level, it will coordinate all requests with the post RSO. If the RSO and the local Defense Component office cannot agree on the level of upgrade requested, they will refer the disagreement, through the Chief of Mission, to the Department of State and, through the established chain of command, the DOD Executive Agent in Washington, D.C. and request resolution of the matter. The additional costs associated with approved security upgrades will be borne by the local Defense Component office through established funding mechanisms. For sensitive DOD operations, the DOD Executive Agent will provide the DS with copies of all applicable DOD component security requirements which exceed DS standards.

(4)  Existing physical and technical security standards may be modified, whenever improved deterrents are identified. Physical and technical security equipment will undergo certification testing by U.S. Government agencies and commercial testing laboratories that have been approved by DS. Testing will be done in accordance with DSS-approved test procedures and performance criteria, to ensure that such equipment conforms to established physical security standards.

(5)  a. When existing Defense Component office space at post must be relocated, every effort must be made to obtain new space that meets current security standards. If the relocation requires moving to a separate facility outside the post chancery building, every effort will be made to locate a newly constructed facility or an existing building that meets current security standards. If security standards cannot be met in new space or in a proposed new building, the Chief of Mission and the Defense Component headquarters must be informed and a waiver must be approved by the Assistant Secretary for Diplomatic Security (or designee) before a new facility can be leased or constructed.

a.   When the Department of State mandates that post Defense Components be moved to a proposed new facility, yet that facility does not meet all current security requirements, the RSO, working with appropriate DOS offices (e.g., A/FBO), will prepare the required waiver package with input from the Defense Component and submit it formally to the Assistant Secretary for Diplomatic Security through the Chief of Mission.

b.   When the Department of Defense requests that a post Defense Component relocate to a new facility, yet that facility does not meet all current security requirements, the DOD Executive Agent will prepare the required waiver package with input from the post Defense Component, the RSO, and other appropriate DOS elements. The waiver package will be submitted to the Director of the Diplomatic Security Service, through the Chief of Mission, and according to established waiver procedures. If a waiver is denied, the DOD Executive Agent will have the opportunity to present its case to the Security Exceptions Committee which will evaluate all waiver requests, based on standards contained in the existing DS Physical Security Standards Handbook.

B. Surveys Conducted by Security Personnel Not Resident at Post.  DS, either on its own (with prior notification to the Chief of Mission and to Defense Component Headquarters through the DOD Executive Agent), or at the request of Defense Component officials, will be responsible for conducting complete physical, technical, and procedural surveys of all Defense Component offices attached to U.S. missions abroad. The security officer conducting the surveys will make recommendations based on standards established in the existing DS Physical Security Standards Handbook and will advise the senior official of the Defense Component office at post, as well as the Chief of Mission, of any weaknesses or deficiencies noted in the course of such surveys. Copies of the survey will be provided to the DOD Executive Agent and DS. DOD will be afforded the opportunity to review and comment on survey recommendations which affect the operations of Defense Component office facilities.

C. Security Program Inspections.  Representatives of Defense Component Headquarters may conduct periodic or emergency surveys and inspections of their local Defense Component office facilities abroad. Such surveys and inspections may only be conducted with prior notification to the RSO at post through DSS. Further, Defense Component Headquarters and the DOD Executive Agent may review the adequacy of the local guard and residential security services provided to Defense Component offices. On such occasions , the RSO shall make available to Defense Component Headquarters inspectors such information pertaining to Defense Component offices as may be required. Defense Component Headquarters will provide the DSS and the DOD Executive Agent with copies of the final reports of security inspections made by its personnel. If additional resources are required to support DOD’s findings, this determination must be referred to both Departments for further coordination. Prior to departure from the post, the Defense Component Headquarters representative conducting the inspection will review the recommendations or issues with the RSO, attempt to resolve them, and provide the RSO with a copy of the draft report. Any remaining differences in recommendations or issues which cannot be resolved at post between the inspecting Defense Component Headquarters representative and the RSO, will be handled in accordance with the procedures in Section III-C. of this agreement entitled, “Conflicts at Post.”

D. Local Guard Program.  The RSO shall establish and implement local guard procedures necessary for the security of post Defense Component official facilities and residences. The level of protection provided to the Defense Component office will comply with approved OSPG Local Guard Program standards.

E. Residential Security.  The RSO will establish and implement a residential security program applicable to all U.S. personnel under the authority of a Chief of Mission. The level of protection provided to the Defense Component office will comply with approved OSPG Residential Security standards.

F.  Armored Vehicles.  On a reimbursable basis, Defense Components may arrange with DS to install light vehicle armoring to DOS specifications in local Defense Component office vehicles. The level of protection provided to the Defense Component office will comply with approved OSPG Armored Vehicle standards.

G. Forced Entry/Penetration.  All instances involving the physical penetration of a building, including unauthorized entry or damage to property, as well as possible compromise of classified information, will be reported by Defense Component Office personnel to the RSO and the Chief of Mission. The RSO will conduct appropriate investigations and provide the Chief of Mission and the Executive Agent with the full details of the incident, as well as any follow-up action, by telegram via the Department of State.

Suspected technical security penetrations and hazards discovered by post Defense Component personnel will be reported to the RSO for appropriate action. Reports of technical security penetrations of or hazards in post Defense Component offices will be provided expeditiously to the DOD Executive Agent by DS, under the provisions of the DCI Procedural Guide I-II-III.

H. Storage of Classified Materials.  U.S. missions will store and safeguard classified and administratively controlled materials, in accordance with DOS regulations and policies. At facilities approved for storage of classified information, the RSO will designate controlled access areas and establish supervisory controls over the distribution and storage of classified and administratively controlled materials. All Defense Component offices are subject to accreditation by DS for classified storage up to an authorized security classification level, in accordance with DOS Security Standards for the Storage of Classified information at posts abroad.

I.  Security Violations.  The RSO will implement security violation reporting procedures for Defense Component office facilities, in conformance with those specified in existing DOS regulations and policies. All classified material violations involving Defense Component office personnel will be reported directly by the RSO, through mission channels, to the DOD Executive Agent and Defense Component Headquarters for administrative or disciplinary action within thirty (30) days after the violation is discovered. Copies of these reports will also be sent by the RSO to DS.

J.  Post Training and Orientation.  The RSO will include U.S. Defense Component office employees at post in training and indoctrination lectures, crisis management drills and in the dissemination of security awareness materials.

K. Unit Security Officers.  Where determined to be of practical operational value and in consultation with the RSO, a Unit Security Officer will be appointed by the Defense Component office at post. The Unit Security Officer will be responsible for the conduct of daily physical, technical and procedural security services for the Defense Component office and will assist the RSO, as requested, in DOD investigative activities.

The Unit Security Officer will be trained and guided by the RSO in the execution of security functions for post Defense Component offices.

L.  Reports.  Copies of routine reports or correspondence pertaining to all activities conducted by or under the direction of the RSO, dealing with the Defense Component office physical, technical, or procedural security matters, will be furnished through mission channels and DS, to the Defense Component Headquarters and DOD Executive Agent. Recommendations for correcting deficiencies as well as corrective action taken will be included in such reports. Alerts, security incidents, or notices of threats to U.S. personnel and facilities under the authority of a Chief of Mission, involving local Defense Component offices or personnel, will be provided to Defense Component Headquarters, the DOD Executive Agent, and the area Commander immediately by telegram. Similarly, Defense Component Headquarters and the DOD Executive Agent will provide copies of correspondence to DS headquarters and RSOs, when communicating on such matters with Defense Component offices at post.

M. Installation and Maintenance of Security System.  Subject to survey recommendations, DS will install standard security systems at Defense Component offices at post upon request of the DOD Executive Agent, either by using Security Engineering Officers, Seabees, or Security Engineering Contractors or other cleared U.S. contractors. Equipment installed shall either be procured by DOD Component Offices at post or obtained from the DS inventory. The maintenance of standard DS technical security equipment at Defense Component offices at post will be included in the DS Security Engineering Maintenance Program. The maintenance of non-standard equipment, which is not in DS inventory, will be the responsibility of the post Defense Component office. In cases where Defense Components require technical equipment which is non-standard to the DOS inventory, the local Defense Component office will procure, install and maintain the equipment at its own cost. Non-standard technical equipment will only be used if a DS Security Engineering Officer certifies that it will not interfere with any standard DOS equipment installed. The Defense Component office, with DS concurrence, may contract separately for maintenance of security systems at remote sites which require extensive maintenance of a timely and frequent nature.

N. Requests for RSO Assistance/Joint Inspections.  Requests from Defense Components Headquarters or the DOD Executive Agent to the RSO for physical, technical and procedural security assistance not addressed elsewhere in this MOU will be cleared through the DS Directorate of Overseas Operations (DS/DSS/OP). In the event of dissatisfaction with security services provided by the RSO to post Defense Components offices and when attempts to resolve problems in consultation with the RSO have failed, the post Defense Component office may bring its concerns to the Chief of Mission, through the Emergency Action Committee (EAC), in accordance with Section III C. of this MOU. The EAC may recommend to the Chief of Mission that a joint inspection of the facilities be performed by the headquarters staff of DS and representatives of the DOD Executive Agent or Defense Component Headquarters, to assess the security services being provided to post Defense Components offices.

O. Technical Security.  DS Security Engineering Officers (SEOs) will include post  Defense Component  offices  in  routine  technical security countermeasures (TSCM) inspections of controlled access areas at post, where the technical threat warrants such routine inspections. DOD is responsible for the costs of TSCM inspections of Defense Component offices at posts where DS has determined that the technical threat does not warrant more frequent inspections. The Defense Component Headquarters or the DOD Executive Agent may dispatch people and equipment to post to conduct technical security inspections and investigations of post Defense Component Offices. Such activities will be coordinated in advance with DS, the RSO and the DOD Executive Agent. All information obtained from such investigations will be shared with the RSO, the Defense Component Office at post, DS and the DOD Executive Agent and reported to them following the DCI Procedural Guide I-II-III.

P. Construction Security.  The Department of State will provide DOD with the construction security training required to enable DOD personnel to perform construction security on non-A/FBO projects in DAO office space within U.S. missions abroad. This training will involve construction surveillance techniques and guard responsibilities. Non-A/FBO projects are those which do not substantially change the structural, mechanical, electrical, life-safety, or architectural systems within a U.S. mission abroad.

V.     INVESTIGATIONS

A. General.  DS has, inter alia, the responsibility for investigating:  (a) U.S. citizen applicants, (b) foreign national applicants, and (c) employees and contractors of DOD at U.S. missions abroad. All requests for investigations, except routine embassy source and police checks originated by the post Defense Component office, will be channeled through DSS to the RSO, or processed as specified in separate agreements. Requests for routine embassy source checks may be made directly to the RSO or Post Security Officer (PSO) by the post Defense Component office. Copies of investigative reports, contact reports and correspondence relating to investigative support of DOD matters or personnel will be furnished to the DOD Executive Agent via DSS. DOD may, at its discretion, dispatch persons from its Defense Component headquarters staff to inquire into a DOD investigative matter. All such activity will be coordinated in advance with the Chief of Mission through the RSO and DS headquarters.

B. U.S. Citizen Employees, Contractors and Dependents.  (1) U.S. citizen employees, contractors and dependents of post Defense Components assigned on a permanent and temporary basis at U.S. missions abroad may be investigated by the RSO:  (a) upon the request of the Defense Component headquarters through the DOD Executive Agent and DS; (b) at the direction of the Chief of Mission, when allegations or complaints of a security or suitability nature are received; or, (c) to satisfy USG pre-employment clearance requirements. It is DS policy that RSOs are not authorized to initiate an investigation of a U.S. citizen employee or applicant abroad without the advanced approval of the appropriate DS headquarters element. Should the Chief of Mission direct such an investigation, the RSO may proceed but must immediately notify DS of all relevant information. Prior to initiating an official investigation of any post Defense Component employee or contractor, and subsequent to preliminary inquiries of allegations or complaints, the RSO will report the case to the DOD Executive Agent, via DS, as expeditiously as possible.

(1)  No U.S. citizen employee or contractor of DOD, who is the subject of an official investigation by the RSO, shall be interviewed without the approval of and instructions from Defense Component headquarters and the DOD Executive Agent through DS, unless requested by the Chief of Mission. Any time the RSO conducts a formal investigation concerning U.S. citizen employees or contractors of DOD, a full report shall be forwarded to the Defense Component Headquarters and the DOD Executive Agent via DS. Urgent matters shall be handled by telegram.

(2)  Investigations of dependents or proposed dependents of U.S. citizen employees will be conducted consistent with State Department personnel policies, as stated in Volume Three of the Foreign Affairs Manual (3 FAM). Such investigations may be supplemented by DOD, in accordance with established personnel security investigation procedures, when deemed in the interest of national security.

C.     Foreign National Employees and Contractors.

(1)  The RSO and the Defense Component office at post will ensure that all foreign nationals proposed for contractual status or employment are investigated, in accordance with established procedures and that the RSO will issue a certification for employment in each approved case. Investigations should be completed prior to employment or execution of a contract. However, such persons may be employed on an interim basis, upon the completion of a satisfactory local investigation and temporary certification by the RSO. Continued employment will be contingent upon satisfactory results of a completed investigation. Foreign National employees and contractors are to be re-investigated and certified every five years.

(2)  Allegations of misconduct against foreign national employees and contractors will be investigated by or under the direction of the RSO. Detailed reports of such investigations shall be forwarded to the DOD Executive Agent through DS. The results of such investigations shall be the basis for a determination by the RSO of corrective action to be taken, subject to the concurrence of the Chief of Mission. The RSO will refer to Defense Component Headquarters through DS and the DOD Executive Agent, any cases for which the Chief of Mission believes a decision should be made by Defense Component Headquarters.

(3)  The RSO and the Defense Component office at post will ensure that every foreign national, whose position at post requires access to administratively controlled information, is properly investigated and certified.

(4)  Security checks and/or investigations of domestic staff of U.S. Defense Component office employees will be conducted consistent with post policy.

VI.    TRAINING

A. DS will sponsor DOD Executive Agent personnel for appropriate security-related training offered by the Diplomatic Security Training Center (DS/TC), commensurate with the security clearance level and the need-to-know of the applicant. Such sponsorship is subject to course quota availability.

B. The DOD Executive Agent will sponsor DS personnel for appropriate security-related training, commensurate with the security clearance level and need-to-know of the applicant. Such sponsorship is subject to course quota availability.

VII.  BUDGET AND REIMBURSEMENT

A. The Department of State and the Department of Defense will fund diplomatic security programs as specified in the Security Funding Matrix (Appendix A) and in accordance with Section IV.A.(2) of this MOU. DOS will fund, within funds available, standard DS security equipment and support that is commensurate with established threat levels. DOD Defense Components will fund, within funds available, non-standard DS security equipment and support which exceeds established threat levels. DOD Defense Component funding will be administered directly between the Defense Component and the Department of State, through contracts that provide security services or support.

B. All DS resource planning will be conducted in consultation with agencies represented at U.S. missions abroad, in order to provide an annual consolidated overseas security budget proposal.

C. Defense Component headquarters, utilizing its authority to protect its personnel and operations under the Internal Security Act of 1950 (50 U.S.C. 797), inter alia, will authorize local Defense Component offices to reimburse the Department of State for security services rendered to local Defense Component offices that exceed DOS funding allocations, upon formal notification of the DOD Executive Agent by DS of the projected security program funding shortfall.

1.   Whenever possible, funding shortfalls should be identified in advance of the budget execution year.

2.   Reimbursement will be handled through standard procedures for reimbursement for services rendered and will be based upon actual or allocated costs of services rendered to the local Defense Component office under the aegis of the Emergency Action Committee.

VIII.  IMPLEMENTATION AND TERMINATION

This Memorandum of Understanding will become effective upon signature by the representatives of the Department of State and the Department of Defense named below. It will remain in force until notification by either party, sixty days in advance, of its intention to terminate the conditions of the agreement.

                /S/                                            /S/                   

U.S. Department of State,             U.S. Department of Defense,
Assistant Secretary for                 Deputy Undersecretary of
Diplomatic Security                      Defense (Security Policy)
Sheldon J. Krys                           Craig Alderman, Jr.
Date:   9-17-90                           Date:    9-12-90 


APPENDIX A
DEPARTMENT OF STATE AND
DEPARTMENT OF DEFENSE SECURITY FUNDING MATRIX

(CT:DS-177;   05-23-2012)

DELINEATION OF FUNDING RESPONSIBILITIES IN MOU

Program

DOD

DOS

Armored Vehicles (FAV & LAV)

Procurement, armoring & transportation

X

 

Inspection

X

 

Local Guards

(See *NOTE)

 

X

Residential Security

Purchase, install and maintain residential upgrades

 

X

Physical Security, Nonresidential Buildings

Purchase, install and maintain DS standard equipment for nonresidential upgrades

 

X

Purchase, install and maintain nonstandard equipment for nonresidential upgrade

X

 

Surveys of DOD facilities

 

X

Technical Security

Purchase, install and maintain DS standard equipment to meet DS security standards

 

X

Purchase, install and maintain nonstandard equipment or equipment exceeding DS standards

X

 

Maintain equipment at remote DOD sites for which DOS cannot provide timely service

X

 

Surveys of DOD facilities

 

X

Technical Countermeasures

Routine TSCM inspections of DOD-controlled access areas

 

X

TSCM inspections of DOD-controlled access areas which exceed standard determined by post threat level

X

 

Transit Security

Secure shipment, storage and surveillance of construction materials for FBO projects at DOD-controlled access areas

 

X

Secure shipment, storage and surveillance of construction materials for non-FBO projects at DOD-controlled access areas

X

 

Secure shipment, storage and surveillance of nonclassified sensitive materials unrelated to construction projects

X

 

Construction Security

Surveillance and guards for FBO projects at DOD-controlled access areas

 

X

Surveillance and guards for non-FBO projects at DOD-controlled access areas

X

 

Training and Orientation

At-post security training specifically requested by DOD and restricted to their personnel only, both U.S. and FSN Washington-based security training offered by DS and DS/TC

X

 

Washington-based security training offered by DS and DS/TC

X

 

Investigations

Overseas background investigations (U.S. & FSN) of prospective DOD employees at U.S. missions abroad

X

 

Investigations of foreign national spouses

 

X

*NOTE:  Local Defense component offices are authorized to reimburse DS for the local Defense component office’s share of costs, which exceed the approved field budget plan for a post. LGP costs include roving patrols, static guards and countersurveillance teams where appropriate. Cost share determinations will be based upon the actual or allocated cost of services rendered to the local Defense component office.


12 FAM Exhibit 451.4  
Memorandum of Understanding Between the Department of State and the Department of Commerce on Security Support Abroad

(CT:DS-177;   05-23-2012)

The Departments of State and Commerce agree to the following provisions regarding overseas security services and procedures, in accordance with the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public Law 99-399 codified at 22 U.S.C. 4801 et seq.).

PART I—AUTHORITY AND PURPOSE

The Omnibus Diplomatic Security and Antiterrorism Act of 1986, hereafter referred to as the Act, requires the Secretary of State, in consultation with the heads of other federal agencies having personnel or missions abroad, where appropriate and within the scope of resources made available, to develop and implement policies and programs, including funding levels and standards, to provide for the security of United States Government operations of a diplomatic nature. Such policies and programs shall include:

(1)  Protection of all United States Government personnel on official duty abroad (other than those personnel under the command of a United States area military commander) and their accompanying dependents, and,

(2)  Establishment and operation of security functions at all United States Government missions abroad, other than facilities or installations subject to the control of a United States area military commander.

In order to facilitate the fulfillment of these requirements, the Act requires other federal agencies to cooperate, to the maximum extent possible, with the Secretary of State through the development of interagency agreements on overseas security. Such agencies may perform security inspections; provide logistical support relating to their differing missions and facilities; and perform other overseas security functions as may be authorized by the Secretary of State.

PART II—TERMS OF REFERENCE

Assistant Secretary of Commerce for Administration, Office of Security:

The office in the Department of Commerce (DOC) that coordinates with the Department of State on matters relating to security which may affect DOC employees assigned to U.S. missions abroad.

Assistant Secretary of State for Diplomatic Security (DS):

The office in the Department of State responsible for matters relating to diplomatic security and counterterrorism at U.S. missions abroad.

Consult; Consultation:

Refers to the requirement to notify all concerned parties of specific matters of mutual interest prior to taking action on such matters.

Controlled Access Areas (CAAs):

Controlled access areas are specifically designated areas within a building where classified information may be handled, stored, discussed, or processed. There are two types of controlled access areas: core and restricted. Core areas are those areas of the building requiring the highest levels of protection where intelligence, cryptographic, security (generally meaning technical equipment), and other particularly sensitive or compartmentalized information may be handled, stored, discussed, or processed. Restricted areas are those areas of the building in which classified information may be handled and stored. Classified discussions are permitted but may be limited to designated areas, depending on the technical security threat.

Coordinate; Coordination:

Refers to the requirement to notify all concerned parties of specific matters of mutual interest and solicit their agreement prior to taking action.

Counterintelligence Working Group (CIWG):

An organization established at a Foreign Service post, chaired by the Deputy Chief of Mission, for the purpose of reviewing post specific counterintelligence issues and coordinating all post counterintelligence programs.

Department of Commerce Office:

Refers to an office abroad of the DOC such as the Foreign Commercial Service (FCS), United States Travel and Tourism Administration (USTTA), Bureau of Export Administration (BXA), or Bureau of the Census (CEN).

Diplomatic Security Service (DSS), Department of State:

The offices of the Department of State responsible for the development, coordination and implementation of security policies and programs domestically and at U.S. missions abroad.

Emergency Action Committee (EAC):

An organization established at a Foreign Service post by the Chief of Mission or principal officer, for the purpose of planning and coordinating the post’s response to contingencies.

Nonstandard Security System:

Those items of security equipment which are not in the DS inventory and are not maintainable by DS personnel.

Overseas Security Policy Group (OSPG):

The Overseas Security Policy Group represents all agencies at post under the authority of the Chief of Mission. The OSPG develops, coordinates and promotes uniform policies, standards and agreements on overseas security operations, programs and projects which affect U.S. Government civilian agencies represented abroad. The primary functions of the OSPG or subgroups shall be to formulate and develop overseas security policies and guidance for official civilian missions. Implementation of policies adopted by the OSPG shall be the responsibility of the Department of State through the Bureau of Diplomatic Security.

Regional Security Officer (RSO):

The RSO is a U.S. Foreign Service security officer serving abroad at an embassy or consulate who is responsible, through the chain of command to a Chief of Mission, for implementing and managing the Department’s overseas security programs. The specific geographical regions for which RSOs have responsibility may include one or more Foreign Service posts.

Senior DOC Officer:

The officer charged with the direction, management, and oversight of all DOC activities at U.S. missions abroad.

Standard Security Equipment and Systems:

Security equipment normally in the DS inventory and maintainable by DS personnel.

PART III—GENERAL ISSUES

A.     Existing Policy

Nothing in this agreement shall derogate from or be construed to conflict with the authorities and responsibilities of the Secretary of State, or the Chief of Mission as described in the Act, the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) and NSDD-38. The following existing agreements are appended to this MOU and remain in effect between the Departments of State and Commerce to the extent that they do not conflict with this MOU.

Department of State/Department of Commerce Memorandum of Understanding Regarding Agency Responsibilities for Implementation of the Diplomatic Security Construction Program, signed April 8, 1987.

B.     Issues Not Covered

Should a particular security issue which is not covered in this MOU develop at a U.S. mission abroad, the interested officials, with the concurrence of the Chief of Mission, will refer the matter to the Diplomatic Security Service and the DOC Office of Security for further consideration and subsequent policy guidance.

C.     Conflicts at Post

(1)  Should an issue arise at post between the Senior DOC Officer and the RSO concerning the substance or interpretation of this MOU, the interested officials will refer the matter to the Director of the Diplomatic Security Service (DSS) and to the DOC Office of Security in Washington, D.C.

(2)  In the event of dissatisfaction with security services provided by the RSO to post DOC offices and when attempts to resolve problems in consultation with the RSO have failed, the post DOC office may bring its concerns to the Chief of Mission, through the Emergency Action Committee (EAC). The EAC may recommend to the Chief of Mission that a joint inspection of the facilities be performed by the headquarters staff of DS and representatives of the DOC Office of Security to assess the security services being provided to post DOC offices.

PART IV—PHYSICAL, TECHNICAL AND PROCEDURAL SECURITY ISSUES

A.     Standards

(1)  DS has the responsibility for developing and issuing physical, technical, and procedural security standards, in coordination with the members of the OSPG, and identifying approved security equipment which will enhance the security of all employees of the foreign affairs agencies and all new and existing installations at U.S. missions abroad.

(2)  It is the policy of the Department of State to accord security protection on an equitable basis to all U.S. citizen employees of U.S. missions abroad. Any differences in the level of security provided to individuals or categories of employees at post must be based on specific higher threat levels placed on those employees and must be recommended by the post Emergency Action Committee.

(3)  DOC agrees to comply with DOS security standards. If a DOC  office at post seeks to have more stringent security than that required by the post’s officially established threat level (which is included in the Composite Threat List distributed by the DOS) the office must notify the Regional Security Officer, providing the standard to be applied and a justification for the request. The RSO, as the security expert at post, will examine the request and determine the potential impact upon the security of the post. If (in the opinion of the RSO) the request represents a departure from existing security standards, it will be forwarded to either the EAC or Counterintelligence Working Group (CIWG), as appropriate, for a determination of whether there are circumstances which warrant the application of more stringent standards. If the EAC or CIWG endorses the request and additional resources will be required to implement it, the request will be forwarded by the RSO to the Department of State with a recommendation for implementation. If the DOC office at post disagrees with the determination of the EAC or CIWG, the question may be referred to the Chief of Mission and ultimately to DS and DOC Office of Security for resolution. Any additional costs associated with approved security upgrades will be borne by the DOC Office requesting the upgrade, through established funding mechanisms between the DOC Office of Security and DS.

(4)  Existing physical and technical security standards may be modified, whenever improved deterrents are identified. Physical and technical security equipment will undergo certification testing by U.S. Government agencies and commercial testing laboratories that have been approved by DS. Testing will be done in accordance with DSS-approved test procedures and performance criteria, to ensure that such equipment conforms to established physical security standards.

(5)  The DOC agrees to comply with current DOS collocation policy for all DOC office space abroad. Whenever the Department of Commerce plans to add or relocate a DOC office into a separate or new facility, the DOC Office of Security will prepare the required exemption notification, or, if applicable, the collocation waiver package, with input from the affected DOC office(s), the RSO, and other appropriate DOS elements. The notification or waiver package will be prepared and handled in accordance with current collocation policy and waiver provisions. The DOC will be responsible for funding all costs associated with the new facility, including those costs required to meet current security standards in the new space.

Should the Department of State mandate DOC personnel to relocate to a different facility, the RSO, working with appropriate DOS offices (e.g., A/FBO) and with input from the DOC Office of Security, will prepare and submit any required waiver package in accordance with current collocation policy and waiver provisions. In such cases, the Department of State will be responsible for funding necessary standard security upgrades for the newly-occupied space.

B.     Surveys Conducted by Security Personnel Not Resident at Post

DS, either on its own (with prior notification to the Chief of Mission and to DOC Office of Security) or at the request of DOC officials, will be responsible for conducting complete physical, technical, and procedural surveys of all DOC offices attached to U.S. missions abroad. The security officer conducting the surveys will make recommendations based on existing physical and technical security standards and will advise the Senior DOC Officer at post, as well as the Chief of Mission, of any weaknesses or deficiencies noted in the course of such surveys. Copies of the survey will be provided to the DOC Office of Security and DSS. DOC will be afforded the opportunity to review and comment on survey recommendations which affect the operations of DOC office facilities.

C.     Local Guard Program

The RSO shall establish and implement local guard procedures necessary for the security of post DOC official facilities and residences. Appropriate procedures for guards at these locations will be established and documented in the form of written post guard orders. The level of protection provided to the DOC will comply with approved OSPG Local Guard Program standards.

D.     Security Program Inspections

DOC security officers may conduct periodic or emergency surveys and inspections of their local DOC office facilities at U.S. missions abroad. Such surveys and inspections may only be conducted with prior notification to the RSO at post through DSS. Further, the DOC Office of Security may review the adequacy of the local guard and residential security services provided to DOC offices. On such occasions, the RSO shall make available to DOC inspectors such information pertaining to DOC offices/residences as may be required. Prior to departure from post, the DOC security officers conducting the inspection will review the recommendations and any issues with the RSO and attempt to resolve them. Recommendations or issues which cannot be resolved at post between the inspecting DOC representative and the RSO, will be handled in accordance with the procedures in Section III-C(2) of this agreement entitled, “Conflicts at Post.” The DOC inspectors will provide the RSO and DSS with copies of the final reports of security inspections made by its personnel. If additional resources are required to support DOC’s findings, this determination must be referred to both the State and Commerce Departments for further coordination.

E.     Residential Security

The RSO will establish and implement a residential security program applicable to all American personnel under the authority of a Chief of Mission. The level of protection provided to DOC residences will comply with approved OSPG Residential Security standards.

F.      Technical Security

DS Security Engineering Officers (SEOs) will include post DOC offices in routine technical security countermeasures (TSCM) inspections of controlled access areas at post, where the technical threat warrants such routine inspections.

G.     Storage Of Classified Materials

U.S. missions will store and safeguard classified and  administratively controlled materials, in accordance with DOS regulations and policies. At facilities approved by DS for storage of classified information, the RSO will designate controlled access areas and establish supervisory controls over the distribution and storage of classified and administratively controlled materials. Those approved DOC offices may store classified up to an authorized security classification level, in accordance with DOS Security Standards for the Storage of Classified information at posts abroad.

H.     Forced Entry/Penetration

All instances involving the physical penetration of a building, including unauthorized entry or damage to property, as well as possible compromise of classified information, will be reported by DOC Office personnel to the RSO and the Chief of Mission. The RSO will conduct appropriate investigations and provide full details of the incident, as well as any follow-up action, to the Chief of Mission and the Senior DOC Officer at post. Similar information will be provided by telegram to DS and to the DOC Office of Security via the Department of State. Suspected technical security penetrations and hazards discovered by post DOC personnel will be reported to the RSO for appropriate action. If a SEO inspection of any post DOC office reveals a technical security penetration or hazard, a report will be provided expeditiously to the DOC Office of Security through DS, under the provisions of the DCI Procedural Guide I-II-III.

I.      Security Violations

The RSO will implement security violation reporting procedures for DOC office facilities, in conformance with those specified in existing DOS regulations and policies. The RSO reports all classified material violations to DS. Within seven (7) days after receiving a violation report from post involving DOC office personnel, DS will report the violation to the DOC Office of Security for administrative or disciplinary action.

J.      Post Training and Orientation

The RSO will include U.S. citizen employees of the DOC office, and where appropriate, their dependents, at post in training and indoctrination lectures, crisis management drills and in the dissemination of security awareness materials.

K.     Unit Security Officers

Where determined to be of practical operational value and in consultation with the RSO, a Unit Security Officer will be appointed by the Senior DOC Officer at post. The Unit Security Officer will be responsible for the conduct of daily physical, technical and procedural security services for the DOC office and will assist the RSO, as requested, in DOC investigative activities. The Unit Security Officer will be trained and guided by the RSO in the execution of security functions for post DOC offices.

L.      Reports

Copies of routine reports or correspondence pertaining to all activities conducted by or under the direction of the RSO, dealing with the DOC physical, technical, or procedural security matters, will be furnished through mission channels and DS, to the DOC Office of Security. Recommendations for correcting deficiencies as well as corrective action taken will be included in such reports. Alerts, security incidents, or notices of threats to U.S. personnel and facilities under the authority of a Chief of Mission, involving DOC offices or personnel, will be provided to the DOC Office of Security by telegram. Similarly, the DOC Office of Security will provide copies of correspondence to DS headquarters and RSOs, when communicating on such matters with the DOC office at post.

M.     Installation and Maintenance of Security Systems

Subject to survey recommendations, DSS will install standard security systems at DOC offices at post, either by using Security Engineering Officers, Seabees, Security Engineering Contractors, or other cleared American contractors. The maintenance of standard DS technical security equipment at DOC offices at post will be included in the DS Security Engineering Maintenance Program. The maintenance of non-standard equipment which is not in DSS inventory, will be the responsibility of the DOC office utilizing the equipment. In cases where a DOC office requires technical equipment which is non-standard to the DOS inventory, that DOC office will procure, install and maintain the equipment at its own cost. Non-standard technical equipment will only be used if a DSS Security Engineering Officer certifies that it will not interfere with any standard DOS equipment installed. The DOC Office of Security, with DS concurrence, may contract separately for maintenance of security systems at remote sites which require extensive maintenance of a timely and frequent nature.

N.     Requests for RSO Assistance

Requests from DOC Office of Security to the RSO for physical, technical and procedural security assistance not addressed elsewhere in this MOU will be cleared through the DS Office of Overseas Operations (DS/DSS/OP).

O.     Armored Vehicles

The level of protection provided to the DOC office will comply with approved OSPG Armored Vehicle standards. At posts where those standards warrant the armoring of DOC vehicles, the DOC Office of Security may arrange with DS to install light vehicle armoring to DOS specifications in the local DOC office vehicle(s). All armoring of DOC vehicles will be charged to DOC-designated funds.

PART V—INVESTIGATIONS

A.     General

DS has, inter alia, the responsibility for investigating:  (a) U.S. citizen applicants, (b) foreign national applicants, and (c) employees and contractors of the DOC at U.S. missions abroad. All requests for investigations, except routine embassy source and police checks originated by the DOC office, will be channeled through DS to the RSO, or processed as specified in separate agreements. Requests for routine embassy source checks may be made directly to the RSO or Post Security Officer (PSO) by the post Senior DOC Officer. Copies of investigative reports, contact reports and correspondence relating to investigative support of DOC matters or personnel will be furnished to the DOC Office of Security via DS. DOC may, at its discretion, dispatch persons from its Office of Security headquarters staff to inquire into a DOC investigative matter. All such activity will be coordinated in advance with the Chief of Mission through the RSO and DS headquarters.

B.     U.S. Citizen Employees, Contractors and Dependents

(1)  U.S. citizen employees, contractors and dependents of post DOC offices assigned on a permanent and temporary basis at U.S. missions abroad may be investigated by the RSO: (a) upon the request of the DOC Office of Security and DS; (b) at the direction of the Chief of Mission, when allegations or complaints of a security or suitability nature are received; or, (c) to satisfy USG pre-employment clearance requirements. It is DS policy that no RSO is authorized to initiate an investigation of a U.S. citizen employee or applicant abroad without the advanced approval of the appropriate DS headquarters element. Prior to initiating an official investigation of any post DOC employee or contractor, and subsequent to preliminary inquiries of allegations or complaints, the RSO will report the case to the DOC Office of Security, via DS, as expeditiously as possible. Should the Chief of Mission direct such an investigation, the RSO may proceed but must immediately notify DS of all relevant information.

(2)  No U.S. citizen employee or contractor of the DOC, who is the subject of an official investigation by the RSO, shall be interviewed without the approval of and instructions from DOC Office of Security, through DS, unless requested by the Chief of Mission. Any time the RSO conducts a formal investigation concerning U.S. citizen employees or contractors of the DOC, a full report shall be forwarded to the DOC Office of Security via DS. Urgent matters shall be handled by telegram.

(3)  Investigations of dependents or proposed dependents of U.S. citizen employees will be conducted consistent with State Department personnel policies, as stated in Volume Three of the Foreign Affairs Manual (3 FAM).

C.     Foreign National Employees and Contractors

(1)  The RSO and the DOC office at post will ensure that all foreign nationals proposed for contractual status or employment are investigated, in accordance with established procedures and that the RSO will issue a certification for employment in each approved case. Investigations should be completed prior to employment or execution of a contract. However, such persons may be employed on an interim basis, upon the completion of a satisfactory local investigation and temporary certification by the RSO. Continued employment will be contingent upon satisfactory results of a completed investigation. Foreign National employees and contractors are to be re-investigated and certified every five years.

(2)  Allegations of misconduct against foreign national employees and contractors will be investigated by or under the direction of the RSO. Detailed reports of such investigations shall be forwarded to the DOC Office of Security through DS. The results of such investigations shall be the basis for a determination by the RSO, in consultation with the Senior DOC Officer, of corrective action to be taken, subject to the concurrence of the Chief of Mission. The RSO will refer, through DS, to DOC Office of Security, any cases for which the Chief of Mission believes a decision should be made by the Department of Commerce.

(3)  The RSO and the Senior DOC Officer at post will ensure that every foreign national, whose position at post requires access to administratively controlled (Limited Official Use - LOU) information, is properly investigated and certified.

(4)  Security checks and/or investigations of household staff of U.S. DOC office employees will be conducted consistent with post policy.

PART VI—Budget And Reimbursement

A. DOC reimbursement to the Department of State for security services rendered by DS will be handled by the budget offices of DS and DOC, through standard procedures for reimbursement for services rendered.

B. DS budgets normally include components of DOC’s overseas security. DS will coordinate fully with DOC on overseas security resource levels during the preparation of DS overseas security budgets. DOC will provide all requisite data to enable a collective budget submission. DS will provide DOC with advance copies of DS budget submissions and keep DOC informed of their progress on a timely basis.

C. In the preparation of final security program and budget recommendations for the Department of State, DS will consult with DOC regarding funding for overseas security. Requests for funding overseas security programs will include specific requirements and justifications for each post based on security standards. Based on the post’s security priorities and the funds available for security, DOS will allocate funds and resources to meet DOC security needs overseas.

PART VII—IMPLEMENTATION AND TERMINATION

This Memorandum of Understanding will become effective upon signature by the representatives of the Department of State and the Department of Commerce named below. It will be included in the official security policy manual of the Department of State, Volume 12 of the Foreign Affairs Manual series entitled Diplomatic Security. The MOU will remain in force until sixty days after notification by either party of its intention to terminate the conditions of the agreement.

        U.S. Department of State,             U.S. Department of Commerce,
        Assistant Secretary for                  Assistant Secretary for
        Diplomatic Security                      Administration    
                        /s/                                            /s/                   
        Sheldon J. Krys                           Preston Moore    
        Date:  May 29, 1992                    Date:  May 18, 1992


12 FAM Exhibit 451.5  
Memorandum of Agreement Between the U.S. Department of the Navy and the U.S. D Department of State Bureau of Diplomatic Security Concerning Naval Support Personnel Assigned to the Department of State's Security Program

(CT:DS-248;   01-04-2016)

I.  MISSION AND CONTROL

 

A.  Mission.  The primary mission of the Naval Support Unit (NSU), U.S. Department of State (the Department or DOS) is to provide the Department with U.S. Navy personnel who possess specialized construction, maintenance, and repair skills to support the Department’s worldwide facilities and security programs.  NSU accomplishes its mission through the Department’s Bureau of Diplomatic Security (DS) by using security-cleared U.S. Navy Seabees who apply their skills to perform work as described in this MOA or closely monitor uncleared laborers performing such work in security-sensitive areas.

 

B.  Control.  The NSU Officer in Charge (OIC) is a U.S. Navy Officer jointly selected by the Commander, Naval Facilities Engineering Command (COMNAVFACENGCOM) and the Assistant Secretary of State for DS.  The NSU OIC is under the administrative control of COMNAVFACENGCOM.  The NSU OIC is responsible for the administration of the NSU program and reports for all operational matters concerning NSU personnel as a Branch Chief under the DS Director of Security Technology Operations Division (DS/ST/STO) within the Office of Security Technology (DS/C/ST), Countermeasures Directorate (DS/C).  Navy personnel assigned to NSU are, as required in U.S. Navy regulations and in the NSU standard operating procedures Naval Support Unit State Department Instruction (NSUSTATEINST) 3120.1, at all times under the operational, administrative, and disciplinary control of the NSU OIC.  However, when NSU teams are on temporary or permanent duty abroad, they are under the authority of the chief of mission (22 U.S.C. 3927, Chief of Mission (COM) Authority).  The COM authority over NSU personnel abroad is exercised through the Regional Security Officer (RSO) or the Security Engineering Officer (SEO) at post.  Seabee administration is the duty of the NSU OIC, who reports to the COMNAVFACENGCOM and as a Branch Chief to DS/ST/STO. 

 

C.  Personnel.  The number and rating (skill code) composition of personnel requested for NSU will be determined jointly by DS and NSU.

 

D.  References.

 

1.  The provisions of the Diplomatic Security Act (22 U.S.C. 4805) shall apply to requests for reimbursement under this MOA.

 

2.   The Memorandum of Agreement between the DOS and Navy signed 25 November 2008 is superseded by this agreement.

 

3.   NSUSTATEINST 3120.1 Series, NSU Standard Operating Procedures.

 

4.   Overseas Security Standards, DOS 12 FAH-6

 

5.   DoDD S-5210.36, Provision of DoD Sensitive Support to DoD Components and Other Departments and Agencies of the U.S. Government (U)

 

6.  DoD Instruction Number 4000.19, Support Agreements

 

II.  DEPARTMENT OF STATE RESPONSIBILITIES

 

A.  Assistant Secretary of State for Diplomatic Security.  The Assistant Secretary of State for DS is the primary liaison with the Department of the Navy (DON) concerning DOS NSU issues. Program responsibilities of the Assistant Secretary include providing NSU personnel with unique training needed to support DOS programs, providing the NSU OIC operational direction for DS-sponsored billets, assisting with developing and administering the annual DOS NSU budget, and ensuring all NSU personnel are properly employed in accordance with applicable DOS, DOD, and DON regulations, instructions, and agreements. 

 

B.  Deputy Assistant Secretary and Assistant Director for Countermeasures (DS/C).  DS/C shall assist in executing various DS responsibilities documented in this MOA.

 

C.  Director of the Office of Security Technology (DS/C/ST).  DS/C/ST shall provide operational direction and guidance to the NSU OIC via the Security Technology Operations Division Director (DS/ST/STO).  DS/C/ST shall provide the number of required Seabee billets, the locations of postings, and the specific qualifications required for personnel assigned to the NSU.

 

D.  Division Director for Security Technology Operations (DS/ST/STO).  The Division Director for DS/ST/STO shall provide guidance and promote and maintain understanding between the NSU and users of Seabee services.  The Division Director oversees the Regional Directors for Security Engineering (RDSEs), who manage technical security services within their regions abroad.  The Division Director also oversees the Overseas Support Branch (OSB), which shall function as the NSU Coordinator and the Department point of contact (POC) for requests for NSU personnel services.  OSB, within the guidelines set forth in this MOA and in close liaison with the NSU OIC, will:

 

1.  Acquire and maintain directives required to effectively discharge the coordinating functions and responsibilities;

 

2.  Coordinate changes in the Navy/State MOA and in Departmental directives dealing with Seabee employment, funding, and support requirements insofar as these changes impact on operational, budgetary, and staffing requirements;

 

3.  Review and approve projects and determine priorities of projects when scheduling conflicts exist;

 

4.  Monitor Seabee assignments, travel orders, instructional and guidance memoranda, telegraphic traffic, and other communications destined for other Departmental offices, agencies, and overseas locations which deal with matters of operational, budgetary, and administrative concerns of the NSU program;

 

5.  Ensure requests for NSU personnel deployments involving travel to areas rated as high or critical risk comply with 12 FAH-6 and are referred to DOD for approval in accordance with DoDD S-5210.36;

 

6.  If other U.S. Government agencies request Seabee support and DS concurs with the request, obtain DOD approval prior to utilizing NSU personnel;

 

7.  Advise the NSU OIC whenever the duty location or responsibilities for NSU personnel change; and

 

8.  Arrange for and provide NSU personnel with training necessary to support the NSU program and ensure flexible and maximum utilization of personnel.

 

E. Regional Director for Security Engineering and Officer in Charge of the Engineering Service Center (ESC) or Engineering Service Office (ESO). 

 

1.  All posts abroad fall within a region covered by a DS Regional Director for Security Engineering (RDSE) who is responsible for management of the officers-in-charge (OICs) of the Engineering Services Centers (ESCs) and Engineering Services Offices (ESOs).  The OICs, in coordination with the assigned Chief Petty Officer in Charge (CPOIC), shall be responsible for the overall proper assignment and tasking of NSU personnel, and for compliance with this MOA’s requirements for NSU personnel within their region, whether resident at post or in a temporary duty (TDY) status.  The RDSEs support the OICs as needed when dealing with senior post management and broad-scope issues.  The OIC, in coordination with post management, shall ensure that posts provide resident and TDY Seabee(s) assigned within their region appropriate housing and support as stated in this MOA.  SEOs other than the OIC also may be assigned as project leaders for teams which include Seabees.  In such cases, the SEO is responsible for proper assignment and priority of tasking for NSU personnel.

 

2.   Additional Seabee support at a post must be based upon the criteria, terms, and guidance provided in this MOA.  When an additional NSU Seabee team is deployed, the team leader, typically the Senior Seabee, is responsible for providing management, supervision, and administrative support for subordinate NSU personnel in accordance with this agreement and applicable Navy regulations.  The team leader will coordinate with the DOS local project manager or SEO concerning proper employment and tasking priorities.

 

F.  Regional Security Officer (RSO).  RSOs may request, through the appropriate Engineering Services Office (ESO), Engineering Services Center (ESC), or DS/ST/STO, Seabee support for security projects that comply with the mission of the NSU.  Locations where a Seabee is resident without a resident SEO will be known as a Seabee Office (SBO).  The Seabee at a SBO will obtain administrative support from the CPOIC of that region.  The RSO at a SBO provides operational tasking of the Seabees but must ensure that the Seabee is available to perform regional responsibilities and that the local tasking is restricted to projects that comply with the terms of the mission and the guidance provided herein.  The RSO will be responsible, where designated on official orders, for the on-site supervision of the senior Seabee present, whether resident or in a temporary duty (TDY) status.  The RSO also will ensure that all resident or TDY Seabees assigned within their region of responsibility are provided appropriate housing and support.

 

III.   DEPARTMENT OF THE NAVY RESPONSIBILITIES

 

A. The Commander, Naval Facilities Engineering Command.  The Commander, Naval Facilities Engineering Command (COMNAVFACENGCOM) shall manage the NSU program within the U.S. Navy and will serve as the primary liaison with the Department of State concerning program issues.  The COMNAVFACENGCOM shall provide administrative support to NSU as required, over and above the support that is a DOS responsibility. 

 

B. Officer in Charge/Naval Support Unit (DS/STO/NSU).  The NSU OIC is the Department of Defense (DoD)-DON point of contact (POC) and shall:

 

1.   Maintain liaison with and receive operational tasking and priorities from DS/ST/STO and provide technical guidance and support for the proper use of NSU personnel consistent with the terms of this Agreement and applicable DoD and DON Directives, regulations, and instructions;

 

2.   Arrange for Seabees to fill approved and funded resident and/or TDY Seabee billets.  The NSU OIC will make every attempt to support each request while maintaining worldwide support consistent with the mission of NSU;

 

3.   Direct the worldwide movement of NSU personnel based on operational taskings approved by DS/ST/STO.  NSU OIC will select personnel based on the skills required for each task, professional development of NSU personnel, and logistical requirements.  NSU OIC will coordinate NSU personnel movements with DS/ST/STO in order to minimize hardships to local program operations;

 

4.   Recruit and select qualified Navy Seabee and other Navy personnel for assignment to NSU based on approved Navy manpower authorizations and DOS requirements.  DOS and NSU will jointly agree on the number and rating (skill code) composition of personnel assigned to NSU (see also I.C.);

 

5.   Ensure requests for deployments of NSU personnel involving travel to high or critical threat areas are referred to DOD for approval;

 

6.   Personally inspect, or designate a representative to inspect, all Resident Seabee locations on an annual basis or more frequently as required.  A review will be conducted of performance, safety, welfare, conduct, and use of NSU Seabee personnel and the support arrangements provided by the applicable post sponsoring the Seabee billets to insure that appropriate standards are maintained;

 

7.   Personally inspect, or designate a representative to inspect, any and all TDY Seabee locations in conjunction with other site visits in a geographic region;

 

8.   Conduct, or have a designated representative conduct, pre-construction and post-construction visits for projects involving actual construction (as opposed to security monitoring tasks) by Seabees and consisting of significant engineering aspects or complexity.  Additional progress inspections will be authorized at the rate of one visit every three months for projects lasting longer than three months.  The project’s sponsor shall fund costs for these inspections;

 

9. Submit NSU operations and status reports to DS/C/ST.

 

IV.    BASIC OPERATIONAL GUIDELINES

 

A. Projects.  The overall mission of the NSU program is to improve and maintain the physical and technical security of restricted spaces by providing construction or construction monitoring capability within DOS.  Generally, NSU will only support projects that have been approved by NSU OIC and are in secure or restricted spaces, or projects directly dealing with facility security.  NSU OIC approval may be contingent upon Under Secretary of the Navy concurrence with the project.  Other factors considered prior to granting approval include 1) availability of NSU personnel, 2) capabilities of NSU personnel, 3) threat assessment of location and mission being performed, and 4) risk to personnel.

 

B. Tasking Assignments.  Seabees may be tasked with the following types of work as noted:

 

1.   Construction Security Monitoring.  Seabees may be assigned to monitor foreign nationals or uncleared personnel performing construction, renovations, or repairs of structures within buildings or offices that either house or are planned sites for sensitive security operations.  Monitoring team members are not to be considered as project managers, material expediters, or supervisors for local contract employees.  NSU personnel will not be used for control and security of the area during hours when work is not in progress (e.g., at night, on weekends, or holidays).

 

2.   Special Projects.  NSU TDY Project Teams are used for construction, installation, renovation, and maintenance and repair projects where it is not prudent to use local workmen in sensitive areas.  These security construction projects will be well defined, planned, approved, and funded, and have materials on-site prior to the arrival of NSU personnel.  Final project design specifications and material availability is the responsibility of the project sponsor.  The NSU Project Team’s composition and scheduling will be the responsibility of NSU, based on preliminary information provided by the project sponsor.  Work other than the designated project must be approved by the NSU prior to commencement of work.  The NSU Seabee Team Leader will coordinate with the designated DOS contact individual for post support, material support, design changes, and work progress.  The post DOS contact will initiate direct communication with NSU OIC and project sponsor if post believes work is being performed improperly or in an unacceptable manner and the problem cannot be resolved between the post and the team leader.  A project completion report will be prepared by the team leader and countersigned by the designated local project manager or security officer and project sponsor.  This report constitutes acceptance of the completed project or the rationale for incomplete work or changes in design.

 

3.   Installation, Maintenance, and Repair.  Seabees may be assigned to provide installation, maintenance, or repair of secure restricted facilities, areas, or security equipment where it is inappropriate to use local workmen.  A work request may be initiated by anyone at the post but prior to the work assignment the ESO, ESC, or RSO, as appropriate, must approve the requested work as allowed under the terms of this agreement.

 

4.   Assignment to Overseas Buildings Operations (OBO) Projects.  In the event that NSU personnel are assigned to an OBO project within DOS, the OBO Project Director will provide appropriate guidance.  The reporting channel will remain with NSU.

 

C. Inappropriate Tasking Assignments.  DOS will not use NSU personnel in any activity outside the tasking assignments listed above or in any activity involving great personal risk unless approved by NSU OIC.  A tasking that falls outside the above guidelines detracts from the overall effectiveness of the NSU program.  Seabees will not be assigned to the following duties:

 

1.   Escorts for local and visiting dignitaries or for Foreign Service National workmen where construction monitoring is not required (except where DOS post policy requires escorts in offices or shop spaces for security purposes);

 

2.   Security guard duties;

 

3.   Back up security forces;

 

4.   Weapons repair and/or maintenance;

 

5.   Bomb searches (except where a DOS post’s bomb plan calls for assigned individuals to search their own offices);

 

6.   Business and office machine repair and maintenance (does not include destructive equipment);

 

7.   Telephone maintenance/installation;

 

8.   Janitorial work;

 

9.   Destruction (other than emergency destruction under Section 1100 of the Emergency Action Plan) of classified material not belonging to NSU or relating to NSU Seabee functions; or

 

10.  Tasks of a non-security nature.

 

D. Deployment of Personnel.  To accomplish its mission and tasking, NSU will assign personnel to one of three types of billets: TDY, Resident, or Headquarters.

 

1.   TDY Billet.

 

a.   Personnel assigned to these Washington-based billets will be available for worldwide deployment based on the tasking priorities of DS.

 

b.   To help maintain continuity, NSU shall strive to assign personnel to a pool of TDY billets for a minimum of 12 months.

 

c.    Personnel assigned to a TDY billet can expect to be available for deployment 80-85% of the time (including weekends and holidays).  The remainder of the time will be spent on leave or fulfilling NSU administrative requirements. 

 

2.   Resident Seabee Billet.  DS approval is required for any billets to be resident at overseas DOS posts or offices within the United States.

 

a.   Personnel assigned to these billets will be available primarily for regional travel and, if necessary, worldwide travel based on tasking priorities.

 

b.   To help maintain continuity and minimize transfer costs, NSU shall strive to assign personnel to Resident billets for a minimum of 24 months.  This is contingent upon the ratio of TDY to Resident billets, unplanned events, and/or NSU personnel issues.

 

c.    NSU personnel assigned to these billets shall be permitted to have family members and dependents accompany and reside with them at the posting location.

 

3.   Headquarters Billets.  NSU Headquarters billets shall include:  OIC, Assistant Officer in Charge (AOIC), Operations Chief, Training Chief, Assistant Operations Petty Officer, Assistant Training Petty Officer, Disbursing Clerk, Admin Supervisor/Security Officer, Personnel Supervisor, and Yeoman.  In addition to providing command and control functions over all NSU personnel, the NSU Headquarters staff will be responsible for, but not limited to:

 

a.  The maintenance of military personnel and pay records;

 

b.  The drafting and liquidation of TDY orders per applicable military   regulations;

 

c.  Processing and tracking paperwork, such as that required to obtain security clearances, passports, and visas;

 

d.  Arranging and coordinating training for unit personnel; and

 

e.  Providing oversight and administration of Navy-wide exams.

 

E. Public Affairs.  All inquiries shall be referred to the Office of the Assistant Secretary of Defense, Public Affairs, Pentagon, Washington, D.C.  The Department of Defense, OUSD(P)/Special Advisory Staff, Department of the Navy, and the DS Public Affairs Officer will jointly determine: 

 

1.  The facts and circumstances of an incident;

 

2.  What, if any, public affairs release may be appropriate;

 

3.  When such a release should be made; and

 

4.  Which agency should make the release.

 

F.  Miscellaneous Guidelines.

 

1.  Loaning of Seabee Resources.  To maximize personnel use, NSU personnel not currently tasked by DS/ST/STO may be employed on other security-related projects to other organizations once operational approval is obtained from DS/ST/STO and NSU and a formal request has been forwarded and approved in accordance with DoDD S-5210.36.  DS/ST/STO and NSU will ensure that any other organization using Seabees provides full reimbursement, including but not limited to salary, travel, and per diem costs for Seabee teams and inspection trips authorized in paragraph III.B.7.

 

2.  DOS Regulations.  NSU personnel shall abide by all applicable DOS regulations except when doing so would violate military law or regulation, contradict the provisions of this MOA, or result in the loss of entitlement.  When conflicts arise between DOS and Navy regulations, Navy regulations shall take precedence for all military personnel and their families.  NSU will inform DS/ST/STO whenever such conflicts arise.

 

3.  Weapons.  Seabees will not be issued weapons without prior documented approval of both DS and NSU.

 

4.  Hazardous Materials.  NSU personnel shall abide by all Navy Occupational Safety and Health Regulations.  Work with or in spaces containing hazardous materials is not permitted without the prior approval of NSU, completion of any required safety courses, and the wearing of applicable safety clothing and equipment.

 

5.  Worldwide assignments and travel:  NSU personnel assignments requiring DoD and U.S. Navy approval should be submitted through the Defense Sensitive Support system at least 30 days prior to the deployment date to permit full review by appropriate staffs.  Support of DOS missions may necessitate that NSU personnel assigned to resident PCS or TDY Team billets to travel to locations on short notice.  In order to minimize the administrative burden of multiple requests and emergency approvals, DOS may submit through the Defense Sensitive Support system an annual request for the advance approval.  An annual request should include a composite list of prospective NSU Resident and/or TDY Team billets complete with names of assigned NSU personnel, DOS post locations, periods of assignment, and geographic locations of anticipated travel.  DOS must submit composite list amendments directly to NSU OIC as soon as DOS determines travel is needed to a location not currently approved.  

 

V.  FISCAL AND SUPPORT RESPONSIBILITIES

All reimbursements shall be accomplished using the U.S. Treasury standard Interagency Agreement (IAA) forms 7600A and 7600B and the Intra-governmental Payment and Collection (IPAC) system.

 

A. Billet Funding.  The DOS shall provide funding for the NSU program.

 

1.   TDY Billet Costs.  Typical costs of a TDY billet include, but are not limited to:

 

a.  TDY costs from Washington, D.C., to job site(s) and return including that necessitated by training, emergency leave, evacuation, or medical care (see paragraphs V.D., V.E., V.F., V.G., and Section VII.).

 

b.  Tools, equipment, and specialized protective clothing required for construction work.

 

c.  Prorated share of NSU overhead (Headquarters) costs (see paragraph V.A.3.).

 

2.   Resident Billet Costs.  Typical costs of a Resident billet include, but are not limited to:

 

a.   Reimbursement to the Navy for Pay and Allowances including Permanent Change of Station (PCS) costs to/from resident posts (see paragraphs V.B. and V.C.);

 

b.   TDY costs for the military member from posting location to job site(s) and return, including that required for training (see paragraphs V.D. and V.E.);

 

c.    All travel entitlements for the military member and/or dependent(s) for emergency leave, evacuation, Funded Environmental and Morale Leave (known as R&R within DOS), or medical care (see paragraphs V.D., V.F., V.G., V.H., and Section VII.);

 

d.   Furnished housing at all resident locations outside the continental United States to include all utilities except phone or cable service (see paragraph V.I.);

 

e.   Education costs for school aged dependent children at resident locations outside the United States (see paragraph V.J.);

 

f.    Office, shop, and storage spaces including furniture, computer, office supplies, tools, equipment, and specialized protective clothing required for construction work;

 

g.   Prorated share of NSU overhead (headquarters) costs (see paragraph V.A.3.).

 

3.   Headquarters Costs.  Funding for overhead support will be generated by prorating the headquarters budget over all TDY and Resident billets.  DS shall be responsible for providing suitably furnished office space for headquarters personnel and TDY personnel when not performing TDY.  DS shall also assist the NSU OIC in the development and maintenance of the Headquarters budget.  The Headquarters budget shall include, but not be limited to, the following:

 

a.   Reimbursement to the Navy for Pay and Allowances including PCS costs of Headquarters Staff;

 

b.   Reimbursement to the Navy for Pay and Allowances including PCS costs for personnel undergoing initial unit training, or leave and transit time during transfer into or out of the unit;

 

c.    TDY costs for inspections, recruiting, training of personnel, and appropriate military functions/formalities as approved by DS/ST/STO.

 

d.   Vehicle (sedan) for travel to local embassies (for visas) and supporting NSU activities;

 

e.   Vehicle (van) for transportation of newly arrived personnel during their initial training (may be rental, since only required when a class is in session);

 

f.    Office supplies and equipment; and

 

g.   DOS will provide U.S. Government-furnished parking to NSU staff in headquarters billets.

 

B.  Pay and Allowances.  All pay and allowances will be paid by the Navy subject to reimbursement by the DOS.  The DOS will reimburse the Navy at the current Composite Standard Military Rate Table for Pay and Allowances (set each year by the DoD Comptroller).

 

C.  Household Goods (HHG) Shipment.  Shipment of HHG and a personally owned vehicle (POV) is authorized per the Joint Federal Travel Regulations (JFTR), Volume 1, for PCS into and out of NSU and for intra-NSU moves (most often a transfer from a TDY billet in Washington, D.C., to a Resident billet at an overseas post).  Costs are already included in the Composite Standard Military Rate Table.  For a PCS to/from an overseas Resident billet, all arrangements for delivery/pick-up at the overseas location shall be handled by the post.  The Navy shall handle all arrangements for delivery/pick-up at locations within the United States.

 

D.  PCS Travel and Per Diem.  NSU personnel and their families shall be authorized transportation and lodging as authorized in the JFTR, Volume 1, for Uniformed Services Personnel.  Costs are already included in the Composite Standard Military Rate.  All travel orders for military members and their dependents shall be issued and liquidated per the JFTR, Volume 1.

 

E.  Required Military Training.  Since periodic training is required throughout an individual’s military career, NSU shall be responsible for ensuring that all mandatory training requirements for unit personnel are met in the most cost effective manner.  The Navy and NSU OIC will ensure that all current requirements are met prior to each individual’s completion of NSU’s initial training period.  Following the initial training period, TDY and other similar support costs for subsequent military training (as required by Navy Regulations and approved by OIC NSU) of NSU personnel will be funded by DS to the extent that the member’s assignment to NSU increases the Navy’s direct cost.

 

F.  Emergency Leave.  Emergency leave for NSU personnel and/or their dependents can be authorized ONLY by the NSU OIC per military regulations.  Emergency leave may be authorized for a death, serious injury, or illness within the member’s or spouse’s household, immediate family, or persons designated as In Loco Parentis.  Round trip, U.S. Government funded transportation for the member and dependent(s) shall be as authorized per the JFTR, Volume 1, from the overseas post of assignment to the nearest point of entry in the continental United States.  Transportation expense funding, including travel and per diem, is the responsibility of DS.  NSU will coordinate issuance of DOS accounting data for travel in conjunction with approval of emergency leave.

 

G.  Emergency Evacuation.  NSU personnel and their dependents are authorized emergency evacuation travel and allowances while en route to, at, and returning from a temporary safe haven per the JFTR, Volume 1.  DS is responsible for costs, and may arrange funding from the DOS personnel evacuation funding source.

 

H.  Funded Environmental Leave and Morale (FEML).  FEML (referred to as R&R by the DOS) is authorized for NSU personnel and their dependents per the JFTR, Volume 1.  FEML travel is funded by DS.

 

I.  Overseas Housing.  DOS will provide fully furnished quarters for Resident Seabees and their dependents.  This allocation will be in the same manner as for other DOS personnel where applicable.  Assignment of housing shall be based upon the standards for other comparable DOS personnel assigned to the post.  Since military personnel forfeit their Basic Allowance for Quarters and Variable Housing Allowance by residing in U.S. Government provided quarters, all utilities, except telephone and cable, will be paid by DOS in the same manner as for other DOS personnel.  Seabees shall be required to follow all DOS or post energy conservation policies per paragraph IV.F.2.  Resident Seabees are authorized Temporary Lodging Allowances upon initial arrival at post and just prior to departure per JFTR, Volume 1.

 

J.  Dependent Schooling.  Overseas dependent schooling and local transportation costs, including those of DOD schools when used, will be fully borne by DS.  These costs include regular schooling, special needs for learning disabilities, required tutoring, and registration expense for personnel in receipt of orders.  When educational funds are required, posts will request those funds and make payments directly to the educational institution.  NSU personnel are not authorized to receive educational funds or make educational payments directly to the school.

 

K.  Immunities and Legal Expenses.  For any criminal or civil litigation against NSU personnel where there exists a basis for the assertion of immunity, DOS will take appropriate steps to assert such immunity.  In the event that foreign authorities detain NSU personnel, DOS will request their release regardless of whether there is a basis for the assertion of immunity.  In all cases that may meet the Department of Justice (DOJ) criteria for the hiring of local counsel, DOS will request that DOJ hire local counsel on behalf of NSU personnel.  DOS will not be responsible for the reimbursement of court-martial expenses.

 

L.  Medical and Dental Expenses.  (See Section VII.)

 

VI.    ADMINISTRATION

 

A. Establishing and Disestablishing Billets.  Prior to establishment, all billets must be approved by both the Navy and the Bureau of Diplomatic Security (DS) for appropriateness of the position and the intended use of the Seabee.

 

1.  DS shall provide a plan of billet requirements for each of the next three fiscal years to NSU.  This plan shall be updated annually during the first quarter of each fiscal year to permit NSU sufficient time to adjust staffing to meet the requirements for the following fiscal year.  NSU cannot guarantee that staffing requirements will be met if the plan’s deadline is not met or if current NSU total end strength changes by more than 10 percent.  Short notice or large changes in end strength numbers cause an anomaly in the Navy’s personnel management process, disrupting career planning, for the member and the member’s family.  Failure to timely incorporate reductions into the five-year plan or requesting a reduction of more than 10% will result in the requirement for DS to continue to fund the position.

 

2.  To reduce billet gaps NSU shall ensure that the relief for a member transferring out of the unit is available two to four months prior to the departure.  This will allow the incoming member to complete the initial training and be available for billet assignment permitting contact relief of the outgoing member. 

 

3.  Requests to disestablish or relocate a Seabee position may be initiated by the post of residence, DS, or NSU.  All requests shall be written and have supporting documentation.  All requests shall be reviewed by DS, NSU, and the post of residence.  Reasons for disestablishment may involve the diminished need for Seabee expertise, failure to use the Seabee properly as outlined in the MOA, failure to fully provide support to the position as outlined in this MOA, or a discrepancy in positions, manpower, or funding limitations occur.

 

B. Qualifications for Assignment to NSU.

 

1.   Petty Officer Second Class or above.

 

2.   Citizen of the United States.

 

3.   If married, the spouse must be a U.S. citizen.

 

4.   Must not have more dependents than authorized under current Navy policy or regulations for assignment to an overseas tour.

 

5.   Must have sufficient active obligated service remaining from date of reporting to the NSU to meet current Navy prescribed tour lengths for NSU duty type or 48 months, whichever is longer.

 

6.   Must have a clear record reflecting sound moral character and professional dedication.

 

7.   Must be recommended by his/her Commanding Officer on the basis of performance, technical skill, resourcefulness, versatility, attitude, and adaptability.

 

8.   Must be physically qualified and within standards in accordance with current Navy directives.

 

9.   Must not have any medical conditions that would preclude him/her from serving in overseas locations with no military treatment facility or adequate civilian facilities nearby. (Not required of NSU HQ billets.)

 

10.  Dependents or spouse must not have any medical conditions that would preclude them from accompanying the member overseas to locations with no military treatment facility or adequate civilian facilities nearby unless an unaccompanied tour is desired.  (Not required of headquarters staff.)

 

C. Clearances.  All personnel assigned to the NSU will be processed for a Top Secret/Sensitive Compartmented Information (TS/SCI) clearance based on the most recent background investigation requirements.  All investigations will be conducted by the Defense Security Service (DSS) and must have been completed within the past five years prior to assignment to the NSU.  Top Secret clearances permitting access to SCI will be issued only when required by DOS following review of an investigative report.

 

D. Passports.  NSU personnel will be issued and travel under diplomatic passports.

 

E. Foreign Accreditation Status.  DOS will take appropriate steps to get NSU personnel accredited as appropriate.

 

F.  Identification.  NSU personnel will rely on their DOS identification and passports as the primary means of identification overseas.  However, all active duty military personnel are required to have a valid Armed Forces Identification Card in their possession at all times.  When responding to direct official questions from foreign government officials, NSU personnel are to declare their U.S. military affiliation and present their Armed Forces Identification Cards on demand.  Exceptions may only be granted on a case-by-case basis by the NSU OIC based on circumstances for a particular tasking or project.

 

G. Civilian Clothing.  All assignments will be performed in civilian clothing.  A full monetary allowance for civilian clothing is authorized per applicable Navy regulations.  Costs are included in the Composite Standard Military Rate Table.  Specialized safety clothing required due to potential exposure to excessive dirt or hazardous material (See V.A.1.b.) is not included in this allowance.  The wearing of military uniforms at overseas locations for ceremonial occasions requires the approval of the DOS Principal Officer at the post of assignment.  In general, if the Marine security guards (if present) are authorized or required to wear their uniforms for a ceremonial occasion, the same authorization or requirement will apply to the NSU personnel.

 

H. Marriage to Foreign Nationals.  The marriage of NSU personnel to a foreign national may be grounds for dismissal from the NSU.  Per Naval regulations, prior written approval must be obtained from the NSU before any marriage ceremony with a foreign national.  Approval will not be granted until completion of any required background investigation.  MILPERSMAN 5352-030 identifies the requirements and approval process. 

 

I.  Tour Lengths.  Tours with the NSU will be in accordance with current U.S. Navy directives, but not less than a minimum of three years in duration.  Extensions beyond the normal activity tour length and early transfers will be at the discretion of the NSU OIC.  The OIC of NSU will base extension/early transfer decisions on the member’s performance in all areas, input from DS, appropriate Department of the Navy personnel, and DOD/Naval regulations.

 

J.  Fitness Reports and Evaluations.

 

1.   NSU OIC.  The Deputy Assistant Secretary and Assistant Director for Countermeasures (DS/C) will sign the NSU OIC FITREP with COMNAVFACENGCOM signing concurrently.  To assist in the preparation of a fair and complete performance report, the Assistant Secretary (or designee) of DS shall conduct mid-term counseling, in compliance with Navy guidance, and forward a copy to COMNAVFACENGCOM. 

 

2.   Enlisted Personnel.  The NSU OIC shall have the overall responsibility to prepare all enlisted fitness reports and evaluations.  To assist in the preparation of a fair and complete performance report, the designated DOS on-site liaison shall prepare the appropriate feeder report.  This feeder fitness report/evaluation will be used in preparing the final fitness report/evaluation for signature by the NSU OIC.  Guidance on filling out these evaluations will be provided by the NSU.

 

K. Awards.

 

1.   Navy Awards.  All Navy award recommendations for NSU personnel shall be submitted to the NSU OIC for endorsement and forwarded to COMNAVFACENGCOM for signature.  The NSU OIC shall review all recommendations for accuracy, appropriateness, and proper format. 

 

2.   Non-Navy Awards.  All non-Navy awards, including Letters of Commendation or Appreciation, shall be forwarded to the NSU OIC for command endorsement and to ensure the award is properly entered into the member’s service record (originals only).  NSU members shall not accept any monetary award except as provided for by U.S. law and Navy regulations.

 

VII.  MEDICAL AND DENTAL TREATMENT FOR NSU PERSONNEL AND DEPENDENTS

 

A. Authorized Treatment and Facilities.  When assigning U.S. Navy personnel to NSU duty, COMNAVFACENGCOM shall ensure NSU active duty members and their dependents have the same access/restriction for medical care and specialty services at U.S. Government facilities and local facilities as they would if serving in a standard Navy billet.  NSU active duty personnel and their dependents shall utilize, where available, U.S. military medical facilities.  Also, DOS shall ensure NSU active duty members on official temporary duty abroad and NSU active duty members and dependents abroad on PCS orders have full access to available medical services through DOS medical providers at post facilities.  NSU active duty members and their dependents shall, depending on the local conditions, use facilities abroad as follows:

1.   Use authorized/available medical, dental, and specialty services within existing military or DOS medical facilities.

2.   Avoid the necessity of separate medical or dental travel by scheduling, to the greatest extent possible, medical and dental treatment to coincide with other nonmedical travel.

3.   Travel to other locations to obtain needed services when the DOS medical provider determines that local services are inadequate and the health condition requires medical evacuation.  The DOS medical provider shall determine for all post personnel the adequacy of local medical care.  Medical travel to a U.S. military medical facility that can provide no-cost services or to a facility recognized by the member’s insurance plan shall receive priority consideration.

4.   Obtain treatment at other health care facilities of their choice when they assume full responsible for payment and obtaining any reimbursements.

B. Medical Service Payment and Travel Expenses. 

 

1.   Payment for required or requested medical services. 

a.   DS reimbursement to the Navy includes military health care costs financed by the Defense Health Program.  Service in NSU does not alter active duty member and dependent access to U.S. Military facilities no-cost services or their benefits/restrictions for reimbursement by applicable medical/dental insurance plan for out-of-pocket expenses at other facilities.  NSU members and dependents are entitled to full access to DOS medical services at post by virtue of DS’s subscribing to the Interagency Cooperative Administrative Support Services (ICASS) health service cost center program for posted NSU personnel.

 

b.   When using private provider medical and dental services, the active duty member or their dependent will pay costs at the time of service or arrange a cashless/claimless encounter utilizing a medical provider or facility that participates in their insurance program. 

 

c.    Posts may, per 16 FAM 520, provide for initial payment of authorized medical services, but OIC NSU and the Navy must ensure that the member reimburses the U.S. government.

 

2.  Transportation and per diem.  Travel and per diem for a condition deemed by the Foreign Service Medical Provider to require medical evacuation will be funded by the DOS Office of Medical Services.  Where DoD regulations require the NSU member to travel for other medical service such as a re-enlistment medical clearance at a U.S. Military facility, the member must obtain authorization from OIC NSU, who will coordinate with DS/ST/STO for travel arrangement and payment as appropriate.

 

VIII. ADMINISTRATION, IMPLEMENTATION, AND TERMINATION

 

A. This MOA will enter into force upon signature of both parties.

 

B. Both parties will conduct, no less frequently than triennially, a review of the MOA and propose changes as required.  Changes will become effective only after written mutually agreement.

 

C. This MOA shall be terminated six calendar years from the date of the last signature or upon 30 days advance written notice by either party.  Termination initiated by the Department of the Navy shall be coordinated in accordance with DoDD S-5210.36. 

 

D. All NSU directives, instructions, and notices are available from the NSU.  Referenced documents also are obtainable through the DOS Intranet for those with access.

 

 

_______/S/______________         _______/S/______________

Gregory B Starr,                          Kate L Gregory, RADM, CEC, USN

Assistant Secretary                      Commander

Bureau of Diplomatic Security        Naval Facilities Engineering Command

Department of State                    Department of the Navy

Date:  September 9, 2015___        Date:  October 8, 2015

 

 


 

 

 

 

 

 

 

 


12 FAM EXHIBIT 451.6  
Memorandum of Understanding Between the Department of State, Bureau of Diplomatic Security and the Peace Corps on Security Support Abroad

(CT:DS-177;   05-23-2012)

I. AUTHORITIES AND PURPOSE

A.     Authorities.

(1)  Peace Corps Act, as amended, 22 U.S.C. 2501 et seq.

(2)  Kate Puzey Peace Corps Volunteer Protection Act of 2011 (P.L. 112-57)

(3)  Omnibus Diplomatic Security and Anti-Terrorism Act of 1986, 22 U.S.C. 4801 et seq.

(4)  Secure Embassy Construction and Counterterrorism Act of 1999, 22 U.S.C. 4865 (SECCA)

(5)  Section 691 of the Foreign Relations Authorization Act, Fiscal Year 2003 (P.L. 107-228), Sense of Congress Regarding the Location of Peace Corps Offices Abroad

(6)  Inspector General Act of 1978, as amended, 5 U.S.C. App. 3

(7)  The Economy Act, codified at 31 U.S.C. 1535.

B.     Purpose.

In accordance with the above authorities and the policies and procedures established by the Overseas Security Policy Board (OSPB) and the International Cooperative Administrative Support Services (ICASS) system, the parties agree that the Department of State (DOS), Bureau of Diplomatic Security (DS) will perform certain security functions abroad for the Peace Corps and that the Peace Corps will cooperate and assist DS to fulfill this responsibility in the manner and to the extent agreed to by the parties.  This Memorandum of Understanding (MOU) sets out the understanding of the parties on the following:

(1)  Physical, technical and procedural support by DS for the security of Peace Corps operations abroad;

(2)  DS support in responding to crimes against Peace Corps Volunteers;

(3)  Personnel security investigations by DS of Peace Corps staff;

(4)  Training services provided by DS to Peace Corps staff and Volunteers; and

(5)  Funding and reimbursement for services provided to the Peace Corps by DS.

II.    BACKGROUND

A.     DS recognizes the unique status of the Peace Corps and that, as most recently articulated by the Secretary of State in Department of State Cable 12309 of February 10, 2009:

(1)  The Peace Corps must remain substantially separate from the day-to-day conduct and concerns of foreign policy;

(2)  The Peace Corps’ need for such separation is not comparable to that of other U.S. Government agencies; and

(3)  The Peace Corps should be provided with as much autonomy and flexibility in its day-to-day operations as possible, so long as this does not conflict with U.S. objectives and policies.

B.     Peace Corps Volunteers are U.S. citizens who are serving abroad under the Peace Corps Act to help people of host countries meet their needs for trained manpower, promote a better understanding of the American people on the part of the peoples served, and promote a better understanding of other peoples on the part of the American people.  While Peace Corps Volunteers are not, for all relevant purposes, U.S. Government employees and are not individually subject to Chief of Mission (COM) authority, the Peace Corps is responsible for the safety and security of Volunteers, and one of the principal objectives of this MOU is to standardize the support and cooperation of DS, so that the Peace Corps can fulfill those responsibilities.  The necessity for a partnership between the Peace Corps and DS reflects the requirements of the Kate Puzey Peace Corps Volunteer Protection Act of 2011.  It states that the Peace Corps and DS enter into an MOU that specifies the duties and obligations of the Peace Corps and DS with respect to the protection of Peace Corps Volunteers and staff members serving in foreign countries, including with respect to investigations of safety and security incidents and crimes committed against Volunteers and staff members.

C.     Nothing in this MOU shall impede or be construed to conflict with the authorities and responsibilities of the COM under section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), or impede or conflict with the responsibility of agencies under section 207 to keep the COM fully informed, and ensure that its employees comply with the applicable directives of the COM.

D.     Nothing in this MOU shall impede or be construed to conflict with the authorities and responsibilities of the Director of Peace Corps under the Peace Corps Act and Executive Order 12137 to manage and direct the programs and operations of Peace Corps, including supervision, direction, and control of all security activities relating to the programs and operations of the Peace Corps.

E.     The parties understand they will carry out their responsibilities under this MOU in accordance with all applicable laws.

III.   PHYSICAL, TECHNICAL, AND PROCEDURAL SECURITY

A.     Security Analysis Services.

(1)  DS agrees to provide significant security information, such as threat reports and analyses, to the Peace Corps Office of Safety and Security (PC/SS) immediately upon receipt.  In addition, DS will provide to PC/SS in a timely manner other information, to the maximum extent practicable, including but not be limited to: approved modifications to DS security standards, and updates on DS approved security products, systems, or designs.

(2)  The Peace Corps agrees to inform DS and the appropriate regional security officer (RSO) immediately upon receipt of significant information that may have a bearing on Peace Corps and Embassy security.

(3)  The RSO will advise the Peace Corps Country Director and, through DS, PC/SS of any specific threat information concerning Peace Corps facilities, personnel, or Volunteers abroad and recommend security measures to counter such threats.  The RSO will also inform the Peace Corps Country Director and, through DS, PC/SS of any general threat information concerning the U.S. community at post.

(4)  RSOs will provide authorized Peace Corps personnel (including U.S. direct hire staff and Peace Corps Safety and Security Officers (PCSSOs)) having the appropriate security clearances with access to classified information related to security threats that could impact Peace Corps Volunteers, personnel, operations, and facilities.

(5)  The Peace Corps has responsibility for the safety and security of Peace Corps Volunteers, including, where necessary, providing information to Peace Corps Volunteers related to their security.  Accordingly, the parties agree that the Peace Corps may share with Peace Corps Volunteers publicly available information as necessary to ensure that appropriate security measures are taken.  The Peace Corps will notify the RSO of the information that the Peace Corps provides to Peace Corps Volunteers concerning specific security situations or events.

B.     Standards.

(1)  DS will develop and issue physical, technical, and procedural security standards and identify approved security equipment in coordination with the members of the OSPB.

(2)  It is DOS policy to accord security protection on an equitable basis to all U.S. Government personnel on official duty abroad and their dependents under COM authority.  Any differences in the level of security provided to individuals or categories of employees must be based on specific, higher threat levels placed on those employees and must be recommended by the Emergency Action Committee (EAC).  Security services are delivered on a reimbursable basis (see Section IX. Funding and Reimbursement) or through the ICASS system.

(3)  The Peace Corps is a voting member of the OSPB and subject to security standards contained in 12 FAH-6 (OSPB Security Standards and Policy Handbook).  The Peace Corps and DS recognize that facilities (such as training centers, regional workstations, and Volunteer transit houses) used solely by Peace Corps Volunteers and personal services contractors (PSCs), but not Peace Corps country directors and staff, are not considered diplomatic facilities for the purposes of SECCA; therefore, OSPB standards do not apply.

(a)  Peace Corps Offices.  SECCA and OSPB standards apply to Peace Corps offices.  In accordance with 12 FAH-5 H-125, it is generally recognized that the Peace Corps needs to minimize its physical association with other U.S. Government operations overseas in order to operate effectively.  The Peace Corps is responsible for any costs associated with security upgrades on Peace Corps staff offices.

(b)  Residences.  Physical security for the residences of U.S. citizen direct hire Peace Corps employees subject to COM authority will be handled in accordance with 12 FAH-6.  Residences for U.S. citizen direct hire Peace Corps employees under COM authority must be in compliance with post’s residential security program.  Post RSO or PSO must complete a preliminary security survey and assessment of all proposed residences for all U.S. citizen direct hire Peace Corps employees under COM authority prior to signing any residential lease.  The RSO or PSO must verify that all required security upgrades have been completed prior to occupancy of the residence.

(c)  Peace Corps Volunteer Facilities.  The Peace Corps is responsible for establishing security criteria for Volunteer housing and ensuring that Volunteer housing meets the Peace Corps-established security criteria prior to occupancy. Facilities (such as training centers, regional workstations, and Volunteer transit houses) used only by Volunteers but not country directors and staff are exempt from SECCA in accordance with 12 FAM 313c.(4).

(d)  Imminent Danger Notification Systems (IDNS).  DS has standard equipment and systems that it has evaluated and determined can satisfy these notification requirements. Peace Corps may propose alternate equipment which it will independently procure, install and maintain. But the alternate equipment must be evaluated and found acceptable by the Office of Security Technology (DS/C/ST) and the RSO before it can be deployed. Peace Corps is responsible for any costs associated with the installation and maintenance of DS standard equipment and with the evaluation of Peace Corps proposed alternative equipment.

C.     Surveys.  DS will conduct complete physical and procedural surveys of Peace Corps offices every five years.  RSO direct costs related to inspections/surveys outside of the embassy/consulate area not already covered by ICASS will be on a reimbursable basis (see Section IX. Funding and Reimbursement).  The RSO will notify the Peace Corps Country Director prior to conducting a survey of Peace Corps facilities.  PC/SS may participate in all or part of the survey after coordinating with the RSO.  Surveys will be conducted according to DS policy or whenever major changes occur in the physical structure, size, or location of space occupied by Peace Corps in separate facilities.  These changes may include, but are not limited to, completion of significant physical security improvements, acquisition of additional space in the same building, leasing of additional office space in another building, or relocation of the Peace Corps office to a new site.  Copies of these surveys will be forwarded to PC/SS for review and concurrence with survey recommendations.  Since Peace Corps offices abroad are not approved for the storage of classified information, security surveys of Peace Corps facilities and residences will not be classified but will be marked as Sensitive But Unclassified (SBU).

D.     Collocation and Setback.  Section 691 of the Foreign Relations Authorization Act, Fiscal Year 2003 (P.L. 107-228) states:  “It is the sense of the Congress that, to the degree permitted by security considerations, the Secretary should give favorable consideration to requests by the Director of the Peace Corps that the Secretary exercise his authority under section 606(a)(2)(B) of the Secure Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865(a)(2)(B)) to waive certain requirements of that Act in order to permit the Peace Corps to maintain offices in foreign countries at locations separate from the United States embassy.”  PC/SS will coordinate the submission of collocation and setback waiver requests for Peace Corps offices as required by SECCA and OSPB standards.  The RSO will conduct the necessary surveys of proposed office facilities and will advise the Peace Corps Country Director of any required security upgrades prior to Peace Corps signing a lease.  RSO direct costs related to inspections/surveys outside of the embassy/consulate area not already covered by ICASS will be on a reimbursable basis (see Section IX. Funding and Reimbursement).  The RSO and the Peace Corps Country Director will jointly determine the security measures that are appropriate in accordance with the provisions of 12 FAH-5 H-125 and 12 FAH-6.  Due to the unique character of the Peace Corps’s mission, DOS has long recognized that the Peace Corps’ role and its need for separation from the day-to-day activities of the mission are not comparable to those of other U.S. Government agencies.  As provided in section 691 of the Foreign Relations Authorization Act, Fiscal Year 2003, RSOs will, to the degree permitted by security considerations, give favorable consideration to requests from the Peace Corps to maintain its offices at locations separate from the mission.  The RSO and COM concurrence memos will be submitted by cable with a copy provided to the Peace Corps Country Director and PC/SS.  The complete waiver request will be submitted by PC/SS.

E.     Local Guard Program (LGP).  The Peace Corps and DS will adhere to the requirements contained in 12 FAH-6.

F.      Storage of Classified Materials.  Peace Corps offices are not approved for the processing or storage of any classified material.

G.     Security Program Inspections.  PC/SS will conduct periodic security inspections of Peace Corps facilities and residences under COM authority and share inspection results with the RSO to evaluate compliance with, and assist the Peace Corps to develop methods and strategies for meeting OSPB security standards and regulations.  In support of these inspections, the RSO will make available to PC/SS such locally held files and information pertaining to Peace Corps security if requested.  The Office of Regional Directors (DS/IP/RD) Post Security Program Reviews (PSPRs) will include an evaluation of post’s Peace Corps security programs and practices that fall under COM authority.  All action items noted in the PSPR closing report pertaining to Peace Corps will be provided to the RSO and PC/SS.

H.     Forced Entry/Penetration.  The Peace Corps Country Director will immediately report to the RSO and COM all instances involving the unauthorized physical penetration of a Peace Corps office and residences under COM authority, including damage to property.  The RSO will ensure appropriate investigations are conducted and provide full details of the incident, as well as any follow-up action, to the COM and Peace Corps Country Director.  The RSO will also inform DS and PC/SS via a DS Spot Report to DOS.

J.      Reports.  Copies of all routine reports or correspondence pertaining to activities conducted by or under the direction of the RSO dealing with physical, technical, or procedural security matters in relation to the Peace Corps offices will be furnished through mission channels and DS to PC/SS.  Recommendations for correcting deficiencies will be included in such reports.  Alerts, security incidents, and notices of threats to Peace Corps offices, residences, or personnel under COM authority will be provided to PC/SS by secure cable.  Similarly, PC/SS will provide copies of correspondence to DS headquarters and RSOs when communicating on such matters related to the Peace Corps offices and residences under COM authority.

K.     Embassy/Consulate Access and Badges.  At the Peace Corps’ request, Peace Corps U.S. citizen direct hire, locally employed direct hire personnel, and long-term PSCs will be issued the same embassy/consulate access badges, which include unescorted U.S. Embassy/consulate access to common areas, as provided to other members of the U.S. Mission with similar security clearances, citizenship and employment status, and ICASS participation.  For badge and access purposes, Peace Corps long-term PSCs are considered locally-employed staff, not contractors.  RSOs, in consultation with the Peace Corps Country Director, may expand the badge program, on a case-by-case basis.  Embassy/consulate badges will not be provided to Volunteers.

L.      Requests for RSO Assistance.  Requests from a Peace Corps office to the RSO for physical, technical, and procedural security assistance not addressed elsewhere in this MOU will be cleared through the respective Regional Director in DS/IP/RD and PC/SS, except for emergency assistance responses where the Peace Corps office and RSO take immediate action prior to obtaining clearance from DS/IP/RD and PC/SS.

V.     CRIMES AND OTHER INCIDENTS INVOLVING VOLUNTEERS

A.     The Peace Corps and DS are committed to assisting host country authorities, to the extent practical and permitted by law or agreement, to bring about successful prosecutions of those who commit crimes against Peace Corps Volunteers.

B.     The Peace Corps is responsible for liaising with host country officials in cases of crimes committed against Volunteers abroad.  These liaison activities will normally be carried out by the local Peace Corps Country Director, PCSSO or Safety and Security Coordinator.  The Peace Corps will coordinate with DS and other U.S. Government agencies as appropriate and necessary.

C.     In instances where a Peace Corps Volunteer or Peace Corps staff member (including a contractor) is suspected of committing a crime or engaging in misconduct, the Peace Corps Office of Inspector General (OIG) shall be the entity responsible to ensure the investigation of the crime or misconduct, coordinate with the Criminal Investigative Liaison Branch (DS/CR/CIL), the RSO, and other Federal agencies, and, to the extent necessary, serve as liaison with host country law enforcement officials.  See Appendix II for specific provisions regarding cooperation and mutual assistance by the Peace Corps OIG and DS on investigations into crimes allegedly committed by Peace Corps Volunteers, staff members, or contractors.

D.     DS support shall be provided, at the Peace Corps’s request, in the event of:

(1)  A missing or isolated Peace Corps Volunteer;

(2)  The death of a Peace Corps Volunteer;

(3)  A life-threatening injury to a Peace Corps Volunteer resulting from a crime;

(4)  The rape or attempted rape or sexual assault of a Peace Corps Volunteer;

(5)  The kidnapping or hostage-taking of a Peace Corps Volunteer;

(6)  Any other serious crime or security incident involving a Peace Corps Volunteer; or

(7)  Any crime or attack that is potentially motivated by politics, terrorism, or a hate crime.

E.     All Peace Corps investigative requests for assistance from DS will be directed to DS/CR/CIL.  The Peace Corps Country Director will notify the RSO by email of all crimes against Peace Corps Volunteers through the Peace Corps Consolidated Incident Reporting System (CIRS).  For serious crimes or incidents listed above, the Peace Corps Country Director must immediately notify the RSO.  The RSO will coordinate action with DS/CR/CIL and other federal agencies.  PC/SS will coordinate any Peace Corps support that may be required and may work directly with DS/CR/CIL and other federal agencies as appropriate and necessary.

F.      The support provided by DS to the Peace Corps will generally consist of:

(1)  Responding to an incident in coordination and consultation with Peace Corps personnel.  This will generally include, but not necessarily be limited to, physical presence at the scene of an incident and, in the case of a crime, advising and assisting host country law enforcement authorities on securing the crime scene, gathering evidence, interviewing witnesses, and any other activities necessary to advance the investigation and possible prosecution of the crime;

(2)  Encouraging and assisting host country law enforcement to provide full attention and resources in investigating the incident;

(3)  Providing information to the Peace Corps on host country police processes, procedures, and capacities;

(4)  Recommending to the Peace Corps appropriate points of contact within the host country law enforcement community;

(5)  Facilitating Peace Corps access to, and obtaining copies of, host country law enforcement or medical reports or other documents related to a Peace Corps matter to the extent permitted; and

(6)  After consultation with DS/CR/CIL, facilitating transfer of evidence when approved by host country to the appropriate U.S. law enforcement agency.

G.     In cases where the RSO is contacted directly by either local law enforcement or other individuals regarding a crime against or an incident involving a Peace Corps Volunteer, the RSO must immediately notify the Peace Corps Country Director.  In emergency situations, the RSO determines if any immediate action is necessary, and then notifies the Peace Corps Country Director as soon as possible thereafter.

H.     DS/CR/CIL will coordinate Peace Corps requests for investigative assistance with the appropriate DS office, such as the RSO or DS/ICI/SID.

I.      In regard to DS/ICI/SID support for crimes committed against Peace Corps Volunteers, the following guidelines will apply:

(1)  The Peace Corps acknowledges that DS/ICI/SID has limited personnel and financial resources. Therefore, DS/ICI/SID determines the level of support based upon the severity of the offense and agreement between DS/ICI/SID and PC/SS.  When DS/ICI/SID resources are not immediately available, DS/ICI/SID may coordinate action with the RSO.

(2)  DS/ICI/SID involvement will only occur after an official request from the Peace Corps to DS/ICI/CIL and the concurrence of the COM.

J.      DS/ICI/SID support will generally consist of the following:

(1)  Agents from DS/ICI/SID’s Violent Crimes Unit may provide investigative support and subject matter expertise to the Peace Corps and the host country law enforcement.  This support could consist of crime scene investigation and forensic evidence collection, interviews with witnesses, victims and subjects, investigative analysis, and other investigative support as needed.

(2)  Except as provided in Section C above, in instances where prosecution is possible in the United States, DS/ICI/SID’s agents will liaise with the Department of Justice (DOJ) or the appropriate U.S. Attorney’s Office.  In instances in which a Peace Corps Volunteer or staff member (including a contractor) is suspected of committing a crime, DS and the Peace Corps OIG will coordinate on liaison activities (see Appendix II).

(3)  DS/ICI/SID agents will facilitate the transfer and testing of forensic evidence to the Federal Bureau of Investigation (FBI) Laboratory Division or another certified crime lab.

K.     In recognition of the investigative liaison responsibility of the Peace Corps, the Office of Investigations and Counterintelligence (DS/DO/ICI) and RSO will, at the request of the Peace Corps, provide the Peace Corps with access to, and copies of, any DS investigative reports, as appropriate, in relation to cases involving Peace Corps Volunteers who are victims of crime.  At the request of DS/DO/ICI, the Peace Corps will provide DS with access to and copies of Peace Corps documents.

L.      Since Peace Corps Volunteers are not under COM authority or covered by ICASS, the Peace Corps will, in coordination with DS/DO/ICI, reimburse DS support costs as outlined in Section IX.

VI.    PERSONNEL SECURITY INVESTIGATIONS

A.     U.S. Citizen Direct-Hire Positions.  Pursuant to Executive Orders 10450 and 12968, PC/SS is responsible for the conduct of personnel security investigations on U.S. citizens applying for direct hire positions with the Peace Corps.  PC/SS is also responsible for determining eligibility for access to classified information.  Peace Corps USDH employees permanently posted abroad are required to hold Top Secret clearances.  When requested and reimbursed by PC/SS, DS will conduct portions of personnel security investigations of U.S. citizens who are residing abroad or who resided abroad for periods of time covered by the scope of the investigation.  All such investigations will be coordinated through the Office of Personnel Security and Suitability, (DS/SI/PSS). 

B.     Personal Services Contracts Let By Peace Corps Headquarters.  PC/SS is responsible for the conduct of personnel security investigations on U.S. citizens and Third Country Nationals who are being contracted through Peace Corps Headquarters.  When requested by PC/SS, DS will conduct portions of personnel security investigations of persons who are residing abroad or who resided abroad for periods of time covered by the scope of the investigation on a reimbursable basis (see Section IX. Funding and Reimbursement). 

C.     Locally Employed Staff. (LE Staff)

(1)  The RSO or post security officer (PSO) will conduct background investigations, including updates, on all persons applying for Peace Corps LE Staff positions as required by 3 FAM 7222.

(2)  Due to the length of time required to conduct these investigations, the RSO or PSO may issue a temporary security certification as quickly as possible, as provided for by 3 FAM 7222.

(3)  Peace Corps staff abroad are not permitted to conduct local investigations.

(4)  The Peace Corps Country Director will be responsible for ensuring that employment suitability checks are conducted for short-term personal services contractors who do not fall under the provisions of 3 FAM 7222. The Country Director will request the RSO conduct independent name checks of these persons and will, to the maximum extent possible, provide to the RSO the names of the individuals at least 30 days in advance of the intended start date. Should any derogatory information be developed in the course of a Peace Corps-generated employment suitability check, the case must be referred to the RSO for final adjudication before contract execution. The Peace Corps Country Director may also request assistance from the RSO in obtaining local police records checks if Peace Corps is unable to obtain this information. Peace Corps will repeat this administrative process every three years for short term personal services contractors who are contracted on a recurring basis.

D.     When requested by the Peace Corps, the RSO will conduct country name checks on intended non-U.S. citizen spouses and cohabitants of U.S. citizen Peace Corps direct-hire employees and intended non-U.S. citizen spouses of Peace Corps Volunteers.

E.     When the RSO receives a report or allegation bearing on the suitability or loyalty of a Peace Corps employee, the RSO shall communicate this information to DS, at the first available opportunity.  DS will advise PC/SS in a timely manner and provide investigative guidance to the RSO.  Except for emergency situations, or at the direction of the COM, the RSO will not initiate an investigation of Peace Corps personnel without DS approval.  The RSO has the responsibility to initiate the investigation in emergency situations, or at the direction of the COM, but then must obtain DS approval.

F.      In the event that DS receives a report or allegation reflecting adversely on the suitability of a Peace Corps U.S. citizen direct hire employee abroad, the RSO will immediately communicate this information to PC/SS, via DS, for determination of investigation requirements.

G.     Except in an emergency situation, no Peace Corps U.S. citizen direct hire employee under investigation by the RSO shall be confronted in an interview situation without approval and instruction from DS, following consultation with PC/SS.  In emergency situations, the RSO determines if any immediate action is necessary, and then notifies the Peace Corps Country Director as soon as possible thereafter.

H.     The RSO will report to DS/ICI/SID any allegations or reports of administrative misconduct or violations of law by Peace Corps staff members.  DS/ICI/SID will then report the incident to the Peace Corps OIG.  Misconduct or criminal investigations of Peace Corps staff members must be coordinated with the Peace Corps OIG in accordance with the provisions of Appendix II. 

VII.  TRAINING SERVICES

A.     The RSO will include Peace Corps USDH employees in security training and briefings and provide them with appropriate security briefing materials.

B.     If requested by the Peace Corps Country Director, the RSO will provide security training and briefings to Peace Corps Volunteers.  Any reimbursements for direct costs will be handled in accordance with Section IX.

VIII. ISSUE RESOLUTION

Should a conflict arise between Peace Corps and DS officials concerning the substance or interpretation of security matters, the issues in question will be forwarded for resolution to the DS Regional Director in DS/IP/RD and the Peace Corps Associate Director for Safety and Security.  Final resolution rests with the Assistant Secretary for Diplomatic Security and the Peace Corps Director.

IX.    FUNDING AND REIMBURSEMENT

A.     Reimbursement for services not covered by ICASS will be handled by the budget offices of DS and the Peace Corps through standard procedures for reimbursement for services rendered, in accordance with the inter-agency procurement authority contained in section 10(f) of the Peace Corps Act, 22 U.S.C. 2509(f).

B.     All provisions of this MOU are subject to the availability of appropriated funds.

C.     ICASS administrative support costs for Peace Corps personnel shall be determined in accordance with the applicable procedures in effect at the time of arrival of such personnel under COM authority.  The ICASS system is currently the method of sharing costs at posts abroad.

D.     The Peace Corps is responsible for funding the development and implementation of security programs for Peace Corps operations and personnel for which it assumes responsibility under this MOU.

E.     Reimbursable costs will be agreed upon by the parties in writing through an obligating document in advance of DS incurring any costs.  DS assistance to Peace Corps in emergency situations takes precedence over notification.

X.     DEFINITIONS

The terms used in this MOU are further explained in Appendix I.

XI.    IMPLEMENTATION AND TERMINATION

A.     The term of this MOU shall extend for five years from the date of signature unless written notice is given by either party to the other to terminate the agreement.  Such written notice shall be provided at least 60 days prior to the proposed termination of this agreement.  Any amendment to this MOU shall be by written agreement of both parties.

B.     The authorized agency officials whose signatures appear below have committed their respective agencies to the terms of this MOU.  It will become effective upon signature.  It will also be included in the official security policy manual of the Department of State: 12 FAM 450 of the Foreign Affairs Manual series entitled Diplomatic Security.

 

 

 

 

 

 

 

_______/S/______________                         ________/S/________________

Eric J. Boswell                                     Carrie Hessler-Radelet

Assistant Secretary for                         Deputy Director

Diplomatic Security                                      Peace Corps

U.S. Department of State

 

Date:  May 11, 2012                            Date:  May 11, 2012

 

 

 

 


MOU:  DS/PC on Security Support Abroad 2012

APPENDIX I

DEFINITIONS

A.     Bureau of Diplomatic Security (DS), Department of State. The mission of the Bureau of Diplomatic Security is to provide a safe and secure environment for the conduct of U.S. foreign policy.  See 12 FAM 011 and 1 FAM 260.

B.     Coordinate/Coordination.  Refers to the requirement to notify all concerned parties of specific matters of mutual interest and solicit their agreement prior to taking action.

C.     Consult/Consultation.  Refers to the requirement to notify and discuss with all concerned parties specific matters of mutual interest prior to taking action on such matters.

D.     Emergency Action Committee (EAC).  The group of subject-matter experts from the mission appointed by the chief of mission or principal officer.  The EAC provides the ambassador or principal officer with guidance in preparing for and responding to threats, emergencies and other crises at the post or against U.S. interests elsewhere.

E.     International Cooperative Administrative Support Services (ICASS) system. The International Cooperative Administrative Support Services (ICASS) system is the principal means by which the U.S. Government provides and shares the cost of common administrative support needed to ensure effective operations at its more than 200 diplomatic and consular posts abroad. In the spirit of the Government Performance and Results Act, the ICASS system seeks to provide quality services at the lowest cost, while attempting to ensure that each agency bears the cost of its presence abroad. ICASS, through which over 300 Government entities receive bills for shared services, is a break-even system; the charge to the customer agencies equals the cost of services. See 6 FAH-5 H-011.1.

F.      Locally employed staff (LE staff). This term is defined in 3 FAM 7122 as the general term used for Foreign Service nationals, as well as some U.S. citizens who ordinarily reside in the host country and are thus subject to its labor law. LE staff are employed at a U.S. mission, or at an office of the American Institute in Taiwan by the U.S. Government under the authority of the COM and are paid under the LCP.  See 3 FAM 7122.

G.     Overseas Security Policy Board (OSPB).   The purpose of the OSPB is to develop, coordinate, and promote uniform policies, standards, and agreements on security operations outside the United States, and programs and projects that affect U.S. Government civilian agencies represented abroad. See 12 FAM 055

H.     Regional Security Office/Officer (RSO).  Regional security officers are Department of State, Bureau of Diplomatic Security (DS) special agents. The lead officer is designated the regional security officer (RSO) and additional special agents are either deputy regional security officer (DRSO) or assistant regional security officer (ARSO). The RSO is responsible to the Chief of Mission at U.S. posts abroad. See 12 FAM 091.  The RSO is a U.S. Foreign Service security officer serving abroad at an embassy, mission (e.g., Geneva and all international organization posts), or consulate. RSOs are responsible for implementing and managing the Department’s security and law enforcement programs, other than law enforcement responsibilities under the authority of the Office of Inspector General (see 1 FAM 050), for a geographic region, which includes at least one Foreign Service post. An RSO is resident at a particular post and may have constituent posts within his or her region for which he or she is responsible. RSOs or post security officers (PSOs) are responsible for overseeing the day-to-day management of security programs at their constituent posts.  The RSO’s responsibilities and duties are enumerated in 12 FAM 422.2 through 12 FAM 422.5. The RSO Office is comprised of Diplomatic Security Special Agents, Engineering Services, the Marine Security Guard Detachment, Local Guard Force, Foreign Service national Investigations Sections and office management specialist staff. See 12 FAM 420.  The acronym “RSO” is used for both Regional Security Office and Regional Security Officer .

I.      Peace Corps Office of Safety and Security (PC/SS).  The office at Peace Corps headquarters that oversees the safety and security programs for Peace Corps Volunteers and staff, both in the U.S. and overseas.  PC/SS acts as the liaison with other agencies and organizations in security-related matters.

J.      Peace Corps Safety and Security Officer (PCSSO).  The PCSSO is a security officer serving abroad at a Peace Corps post who is responsible for assisting Peace Corps posts to implement safety and security programs in a specific geographical region that includes multiple Peace Corps posts.  The responsibilities of the PCSSO include, among others, conducting security and risk assessments, providing crisis management support, and coordinating actions in support of Peace Corps Volunteers who are crime victims.

K.     Peace Corps Volunteers.  U.S. citizens who enroll in the Peace Corps for service abroad in accordance with the Peace Corps Act, 22 U.S.C. 2501 et seq.  For purposes of this MOU, this term includes “volunteer leaders” as defined in section 6 of the Peace Corps Act, 22 U.S.C. 2505, and applicants for enrollment as Peace Corps Volunteers during any period of training occurring prior to enrollment.

L.      Safety and Security Coordinator.  The Safety and Security Coordinator (SSC) is a local hire PSC (usually a local resident of the post) who reports to the CD and is responsible for the overall coordination of the post’s Volunteer safety and security support system and collaborates closely with other Peace Corps staff to ensure that all required components of the Peace Corps Volunteer safety and security support system are operational and are being properly executed. The SSC is charged with establishing working relationships with Embassy RSOs, local law enforcement authorities, emergency management officials, and other security personnel, and frequently serves as the point of contact for Volunteers who have been involved in a safety or security incident to facilitate Peace Corps’ response. PC/SS, through its Overseas Operations unit and the relevant PCSSO, provides technical oversight over the work performed by the SSC.

 

 


MOU:  DS/PC on Security Support Abroad 2012

APPENDIX  II

INVESTIGATIONS

A.     General

The Peace Corps recognizes DS's authority under the Omnibus Diplomatic Security and Antiterrorism Act of 1986, as amended, to conduct official investigations into all Chief of Mission (COM) employees, contractors, and dependants.  DS recognizes the authority of the Peace Corps Office of Inspector General (OIG) under the Inspector General Act of 1978, as amended, to conduct investigations related to the administration of programs and operations of the Peace Corps, including allegations of fraud, waste, abuse, mismanagement and misconduct against Peace Corps employees, contractors, and Volunteers.  For this purpose, the Attorney General has granted the Peace Corps OIG 6(e) statutory law enforcement authority.

To avoid duplication of work, ensure the safety of each organization's employees and provide efficient and effective investigations, this agreement formally acknowledges mutual assistance and cooperation and establishes procedures to facilitate communication and investigative coordination.

B.     Background Investigations

See Section VI of the MOU.

C.     Counterintelligence and National Security-Related Investigations

1.   The RSO and DS are responsible for conducting counterintelligence and national security-related investigations involving all COM employees, contractors, dependants, facilities, and housing.

2.   At the conclusion of any counterintelligence or national security-related investigation involving Peace Corps employees, contractors, or dependents, DS will forward a complete Report of Investigation to the Peace Corps OIG and PC/SS for use in administrative proceedings, as appropriate.

D.     Other Criminal Investigations

1.   The RSO and DS are responsible for conducting criminal investigations involving all COM employees, contractors, and dependants as well as investigations relating to COM facilities and housing. 

2.   The Peace Corps OIG Investigations unit is responsible for conducting criminal and administrative investigations of Peace Corps employees, contractors, and Volunteers involving Peace Corps overseas operations and programs.

3.   All allegations of misconduct or criminal activity, other than allegations involving national security matters, against Peace Corps employees, contractors, and Volunteers must be expeditiously reported to the Peace Corps OIG. 

4.     When concurrent investigative jurisdiction exists, the Peace Corps OIG Investigations Unit and the Criminal Investigative Liaison Branch (DS/ICI/CIL) will coordinate investigative efforts with each other and will decide the lead investigative agency, and whether a joint investigation is appropriate.  The Peace Corps OIG and DS/ICI/CIL will share investigative information which comes to either office for action.  Such information will include a final Report of Investigation for use in any subsequent administrative, civil, or criminal proceeding.

5.     In circumstances where immediate investigative action is necessary, the RSO will respond to and provide DS/ICI/CIL and the Peace Corps OIG with the allegations and investigative actions taken as soon as practicable.  While exigent circumstances may require investigative information be initially communicated directly to Peace Corps personnel serving abroad, such contact should be followed up with direct communication and referral to the Peace Corps OIG. 

E.     Request for Assistance

1.   All Peace Corps OIG requests for investigative assistance will be directed to DS/ICI/CIL for action.  The manner and extent of investigative support involving crimes against Volunteers will be coordinated between DS/ICI/CIL and the Peace Corps OIG, but will generally consist of services listed in Section V of the MOU.

2.   Costs for investigative assistance will be handled in accordance with Section IX of the MOU.

F.      Mechanisms to Share Information Concerning Matters of Investigations:

To facilitate the transfer of information between the Peace Corps OIG and DS, both parties agree to provide timely notification to each other of information relevant to their respective missions.  This will be accomplished by:

1.   Regular communication of investigative referrals and relevant investigative information by email and telephone as necessary, typically between DS/ICI/CIL and the Assistant Inspector General for Investigations in the Peace Corps OIG.

2.   Enhancing the process and reinforcing cooperation between the Peace Corps OIG and DS with biannual meetings at the Directorate level for Investigations and Counterintelligence (DS/DO/ICI) and the Assistant Inspector General for Investigations in the Peace Corps OIG.  These meetings will follow an agreed upon agenda created by both parties.

Appendix II Signature Page

 

__________________________                     _________________________

Scott P. Bultrowicz                                          Kathy A. Buller

Principal Deputy Assistant Secretary and         Inspector General

Director of the                                             Peace Corps                      

Diplomatic Security Service

Bureau of Diplomatic Security

 

Date:_____________________                      Date:___________________


 

12 FAM EXHIBIT 451.7  
Memorandum of Understanding (MOU) between the Department of State Bureau of Diplomatic Security and the Centers for Disease Control and Prevention (CDC) on Security Support Abroad

(CT:DS-248;   01-04-2016)

I. AUTHORITIES

The Omnibus Diplomatic Security and Anti-Terrorism Act of 1986 (P.L. 99-399) assigns responsibility to the Secretary of State to develop and implement, in consultation with the heads of other federal agencies, policies and programs, including funding levels and standards, to provide for the protection of all US government (USG) personnel on official duty abroad, and the establishment and operation of security functions at all U.S. missions abroad. To facilitate the fulfillment of this responsibility, other federal agencies are therein directed to cooperate and assist the Department of State, through agreement, to the maximum extent possible. The Omnibus Act expressly identifies types of assistance that may be rendered, such as, logistical support and security inspections. It also states that federal agencies may perform other overseas security functions as authorized by the Secretary of State. In addition, the Secure Embassy Construction and Counter-terrorism Act of 1999 (SECCA) establishes certain security requirements and exemptions that are relevant to this MOU.

II. PURPOSE

In accordance with the authorities cited above and the policies established by the Overseas Security Policy Board (OSPB), the Bureau of Diplomatic Security of the Department of State (DS) and the Centers for Disease Control and Prevention of the U.S. Department of Health and Human Services (CDC) (the Parties) have reached the following understanding:

DS will perform certain overseas security functions for CDC, and the CDC Office of Safety, Security and Asset Management (OSSAM) / CDC Public Health Intelligence Office (PHIO) will cooperate and assist the Department to fulfill this responsibility in the manner and to the extent hereinafter set forth.

Nothing in the following agreement shall derogate from or be construed to conflict with the authorities and responsibilities of the Chief of Mission (COM) under section 207 of the Foreign Service Act of 1980 (FSA) (22 U.S.C. 3927), or to derogate from or conflict with the responsibility of agencies under section 207 of the FSA to keep the COM fully and currently informed and to ensure that its employees comply with the applicable directives of the COM.

Nothing in this agreement shall derogate from or be construed to conflict with the administrative responsibilities of the Director of CDC to supervise, direct, and control all security activities relating to the programs and operations of CDC.

III. BUDGET AND REIMBURSEMENT

A. DS will provide the services delineated in this agreement at no cost except as otherwise specified in the agreement. CDC will reimburse DS for any expanded level of such services, or any additional type of agreed security provided by DS. Reimbursement will be handled by the budget offices of DS and CDC, through standard reimbursement procedures.

B. CDC will coordinate fully with DS to develop CDC specific overseas security resource levels. CDC will incorporate this request for security funding as part of its budget submission.

C. This MOU does not constitute a financial obligation between the Parties, and is subject to the availability of appropriated funds.  No provision of this MOU is to be interpreted to require an obligation or payment of funds in violation of the Anti-Deficiency Act, Title 31 U.S.C. § 1341. 

IV. POINTS OF CONTACT, TERMS OF REFERENCE AND ACRONYMS

A. DS Assistant Secretary. The official in the Department of State responsible for matters relating to diplomatic security and counterterrorism at U.S. missions abroad.

B. DS. The bureau of the Department of State responsible for the development and implementation of security policies and programs domestically and at U.S. missions abroad.

C. CDC Employee. Refers to CDC staff engaged pursuant to Title 5 or Title 42 or the U.S. Code (these may be U.S. citizens or non-U.S. citizens), Personal Service Contractors (22 U.S.C. 2669(c)), and Locally Employed Staff (22 U.S.C. 2669(n) and (c) and 5 cfr 8.3).

D. Coordinate/Coordination. Refers to the requirement to notify all concerned parties of specific matters of mutual interest and solicit their cooperation prior to taking action.

E. Consult/Consultation. Refers to the requirement to notify and discuss with all concerned parties specific matters of mutual interest prior to taking action on such matters.

F. Controlled Access Areas (CAAs). Controlled access areas are specifically designated areas within a building where classified information may be handled, stored, discussed, or processed. There are two types of controlled access areas: core and restricted. Core areas are those areas of the building requiring the highest levels of protection where intelligence, cryptographic, security (generally meaning technical equipment), and other particularly sensitive or compartmentalized information may be handled, stored, discussed, or processed. Restricted areas are those areas of the building in which designated levels of classified information may be handled and stored. Classified discussions at certain levels are permitted but may be limited to designated areas, depending on the technical security threat.

G. Emergency Action Committee (EAC). An organization established at a U.S. post by the COM or principal officer for the purpose of planning and coordinating the post’s response to contingencies. Except where other arrangements have been established, the EAC represents all USG agencies at the post.

H. Non-standard Security Equipment and Systems. Those items of security equipment not in the DS inventory and not maintained by DS personnel.

I. Overseas Security Policy Board (OSPB). The Overseas Security Policy Board is an interagency consultative body that assists the Secretary of State in carrying out statutory responsibilities to provide for the security of U.S. missions abroad.  The OSPB develops, coordinates, and promotes uniform policies, standards and agreements on overseas security operations, programs and projects that affect USG agencies and personnel under COM authority. The primary functions of the OSPB or subgroups shall be to formulate and develop overseas security policies and guidance for official civilian missions. Implementation of policies adopted by the OSPB shall be the responsibility of the Department of State, operating through DS.

J. Regional Security Officer (RSO). The RSO is a Bureau of Diplomatic Security special agent serving abroad at an embassy or consulate who is responsible, through the chain of command to a COM, for implementing and managing the Department’s overseas security and related law enforcement programs. The specific geographical regions for which RSOs have responsibility may include one or more Foreign Service posts.

K. Senior CDC official at post. In countries where CDC has appointed a Country Director, the senior CDC official at post is the Country Director. At other posts, CDC headquarters will designate the senior CDC official and convey this information to post.

L. Standard Security Equipment and Systems. Standard Security Equipment and Systems are security equipment normally in the DS inventory and maintained by DS personnel.

M. Physical and Technical Security Services. These services include the provision, installation and maintenance of physical and technical security equipment and systems approved by DS and CDC.

N. CDC/Office of Safety, Security and Asset Management/ Public Health Intelligence Office (CDC/OSSAM/PHIO). The office at CDC headquarters that: is responsible for all security functions relating to facilities (including, office and warehouse space, laboratories), residential housing, and personnel abroad; represents the CDC on the OSPB; and is the CDC liaison to DS for all matters concerning security of CDC personnel overseas.

O. CDC Security Official. The CDC Director of the Office of Safety, Security and Asset Management (OSSAM).

P. Security Engineering Officer (SEO). The SEO is a Bureau of Diplomatic Security engineer serving abroad at an embassy or consulate who is responsible, through the chain of command to a COM, for implementing and managing the Department’s overseas technical security programs. The specific geographical regions for which SEOs have responsibility may include one or more Foreign Service posts.

V. PHYSICAL, TECHNICAL AND PROCEDURAL SECURITY

A. Security Analysis Services.

(1) DS will provide to CDC/OSSAM/PHIO, in a timely manner, information pertinent to CDC security. Such information will include, but not be limited to: threat reports and analysis; approved modifications to DS security standards; and updates on DS approved security products, systems, or designs.

(2) Overseas, the RSO will advise the local CDC office and, through DS, the CDC/OSSAM/PHIO of any specific threat information concerning CDC facilities or personnel, and specify the security measures taken or planned to counter such threats. The RSO will also inform the senior CDC official at post and CDC/OSSAM/PHIO through DS, of any general threat information concerning the U.S. community at large.

(3) DS, through the responsible RSO and SEO, will provide and direct physical, technical, and procedural security services at all CDC facilities and personnel at U.S. posts abroad.

B. Standards.

(1) DS has the responsibility for developing and issuing physical, technical, and procedural security standards, in coordination with the members of the OSPB, and identifying approved security equipment that will enhance the security of all employees subject to COM authority and all U.S. missions abroad.

(2) It is the policy of the Department of State to accord security protection on an equitable basis to all USG personnel of U.S. missions abroad. Any differences in the level of security provided to individuals or categories of employees must be based on specific higher threat levels placed on those employees and must be recommended by the post EAC, and approved by the COM.

(3) CDC is a voting member of the OSPB and subject to the security standards contained in 12 FAH-6 (OSPB Security Standards and Policy Handbook). If a CDC office seeks to enact more stringent security measures, the CDC office will notify the RSO of the proposed security measure. Such changes will be handled in accordance with procedures in the OSPB Security Standards and Policy Handbook.

(4) Existing physical and technical security equipment may be modified whenever improved deterrents are identified. Physical and technical security equipment will undergo certification testing by USG agencies and commercial testing laboratories that have been approved by DS. Testing will be done in accordance with DS-approved test procedures and performance criteria, to ensure that such equipment conforms to established physical security standards.

C. Surveys. DS will conduct, on a regular basis, complete physical, personnel security, and procedural surveys of CDC facilities and residences.  The RSO will notify the senior CDC official at post and CDC/OSSAM/PHIO prior to conducting a survey of CDC facilities and residences.  CDC/OSSAM/PHIO may participate in all or part of the survey after coordinating with the RSO. New surveys will be conducted according to DS policy or whenever major changes occur in the physical structure, size, or location of space occupied by CDC in non-embassy facilities and residences. These changes may include, but are not limited to, completion of significant physical security improvements, acquisition of additional space in the same building or in another building, or relocation of the CDC office to a new site. Copies of these surveys will be forwarded to CDC/OSSAM/PHIO for review and concurrence with survey recommendations.  In situations where the CDC offices are located within host government facilities, the RSO will make appropriate recommendations to improve the security of the CDC facilities.  The senior CDC official at post will coordinate with his host government counterpart to attempt to comply with those recommendations.

D. Local Guard Program. The RSO will manage the guard force assigned to CDC offices, facilities and residences. Appropriate guard and watchman procedures for the above locations will be established and documented in the form of written guard orders, copies of which will be provided to the CDC/OSSAM/PHIO. With the exception of any independently funded locations under a DS-approved arrangement, all CDC local guards continue to be funded from the DS Local Guard Program and paid via International Cooperative Administrative Support Services (ICASS).

E. Marine Security Guards (MSG).  MSGs in rare circumstances may be assigned to CDC facilities.  Such assignments must be deemed warranted by DS and CDC/OSSAM/PHIO; approved by the Marine Corps Embassy Security Guard Program (MCESG); and are subject to other considerations, such as the establishment of positions by the Department of State and the availability of Marine Corps personnel.

F. Security Program Inspections. CDC/OSSAM/PHIO will conduct periodic security inspections of CDC facilities and residences, to evaluate compliance and assist CDC in developing methods and strategies for meeting OSPB security standards and regulations. In support of these inspections, RSOs will make available to CDC/OSSAM/PHIO such locally held information pertaining to CDC security as may be required. The CDC official conducting the inspection will review the recommendations and any identified security issues with the RSO prior to departing country.  CDC/OSSAM/PHIO will provide DS with copies of the final reports of security inspections made by its personnel.  RSO approval must be obtained before implementing any security program changes.

G. Residential Security. The RSO will establish and implement a residential security program applicable to all USG  personnel under the authority of a COM or residing in embassy housing. The level of protection provided to CDC direct-hire residences will be consistent with approved OSPB Residential Security standards.

H. Technical Surveillance Counter Measures Inspections. SEOs will include the CDC offices in routine technical security countermeasures (TSCM) inspections of controlled access areas, where the technical threat warrants such routine inspections or as directed by the RSO.

I. Storage of Classified Materials. CDC offices and facilities will not generally be used to store classified information.  However at facilities with the appropriate, approved physical and technical security countermeasures exist for the storage of classified information, the RSO, in consultation with CDC/OSSAM/PHIO, may designate controlled access areas and establish supervisory controls over the distribution and storage of classified and administratively controlled materials.

J. Forced Entry/Penetration. All instances involving the physical penetration of the CDC facility, including unauthorized entry or damage to property, and possible compromise of classified or administratively controlled information, will be reported immediately by the Senior CDC Official at post to the RSO and the COM. The RSO will conduct appropriate investigations, provide full details of the incident, and as any follow-up action to the COM and the Senior CDC Official. The RSO will also inform DS and CDC/OSSAM/PHIO. Suspected technical security penetrations and safety hazards discovered by the Senior CDC Official will be reported immediately to the RSO for appropriate action. If a SEO inspection of the CDC office reveals a technical security penetration or safety hazard, a report will be provided expeditiously to CDC/OSSAM/PHIO through DS, under the provisions of the Director of Central Intelligence (DCI) Procedural Guide I-II-III.  

K. Security Incidents. CDC/OSSAM/PHIO and DS will establish security violation reporting procedures for incidents at the CDC offices consistent with those specified in relevant DOS regulations and policies. The RSO shall report all CDC classified material incidents to DS. Within seven (7) days after receiving a CDC incident report from an RSO, DS will report the incident to CDC/OSSAM/PHIO. 

L. Security Training and Orientation. The RSO will include USG and contractor personnel assigned to CDC offices and, where appropriate, their dependents in training and briefings, crisis management drills, and in the dissemination of security awareness materials. CDC/OSSAM/PHIO may request training and briefings for others, including independent contractors.

M. Unit Security Officers. Where determined to be of practical operational value and in consultation with the RSO, the senior CDC official at post may be directly appointed as Unit Security Officer (USO) or may appoint a USO.  The USO will be responsible for the conduct of daily physical, technical and procedural security services for CDC.  The USO will be trained, guided and supervised by the RSO in the execution of security functions.  Based upon RSO instructions, the USO will report all security incidents directly to the RSO.

N. Reports. Copies of routine reports or correspondence pertaining to all activities conducted by or under the direction of the RSO, dealing with the CDC office’s physical, technical, or procedural security matters, will be furnished through mission channels and DS, to CDC/OSSAM/PHIO. Recommendations for correcting deficiencies will be included in such reports. Alerts, security incidents, or notices of threats to U.S. personnel and facilities under COM authority, including CDC personnel or offices, will be provided to CDC/OSSAM/PHIO by secure cable. Similarly, CDC/OSSAM/PHIO will provide copies of correspondence to DS headquarters and RSOs when communicating with affected CDC offices on such matters.  

O. Installation, Maintenance, and Upgrades of Security Systems. Initial installation of technical security systems at CDC facilities will be funded by CDC. DS will survey CDC facilities at missions being considered for DS Technical Security Upgrades (TSU). DS may design and install technical security systems or lifecycle upgrades at State TSU sites for CDC.

DS technical security personnel (SEO, Seabees, Security Technician Specialists, security engineering contractors, or other cleared U.S. contractors) subject to RSO direction will provide routine maintenance and repair labor for DS standard technical security systems at CDC facilities. The parts needed to maintain such systems will be provided by DS. Technical security systems determined by DS to be beyond the equipment lifecycle (equipment failure, obsolescence, the inability to obtain parts or systems not meeting current Foreign Affairs Manual (FAM) or OSPB standards) will be replaced in accordance with the procedures noted above for initial installations.

The maintenance of non-standard equipment not in DS inventory will be the responsibility of the CDC office using the equipment. In cases where the CDC office requires technical equipment or configurations that are non-standard to the DOS inventory, the CDC office will procure, install, and maintain the equipment at its own cost. Non-standard technical equipment will only be used if an SEO certifies that: (1)  it will not interfere with any standard DOS equipment installed, and (2) such equipment meets FAM and OSPB standards. The CDC office, with DS and CDC/OSSAM/PHIO concurrence, may contract separately for maintenance of security systems at remote sites that require extensive maintenance of a timely and frequent nature. 

P. Requests for RSO Assistance. Requests from a CDC office to the RSO for physical, technical, and procedural security assistance not addressed elsewhere in this MOU will be submitted through the Deputy Assistant Secretary for Diplomatic Security, the International Programs Directorate (DS/IP), or through the High Threat Programs Directorate (DS/HTP) for clearance by that office and CDC/OSSAM/PHIO.

Q. Armored Vehicles. CDC may use the DOS armored vehicle contract.  CDC will follow OSPB policy on the deployment of armored vehicles.  CDC will fund all costs related to its armored vehicles including purchase, armoring, shipping, and maintenance and repairs.  CDC will use armored vehicles in accordance with Post EAC policies.

R. Security Upgrade Projects.  DS will provide security oversight for CDC overseas security projects. Security oversight will be carried out by the RSO and will be limited to site surveys, advice on security projects, specifications, and assistance to the CDC and the post relating to contract issuance. Project quality assurance will be a joint effort of the senior CDC official at post, the General Services Officer (GSO) and the RSO. Construction will be done under the appropriate contracting mechanism. Funding for CDC security upgrade projects will be the responsibility of CDC. Oversight and guidance by the Department of these projects will be done on a non-reimbursable basis.

S.  CDC Operations with International Organizations.  CDC personnel may be detailed to the staff of public international organizations (IOs), such as the World Health Organization, on long-term assignments.  As provided in the relevant President’s Letter of Instruction to the Chief of Mission, those personnel are not under COM authority or security responsibility.   

However, section 103 of the Diplomatic Security Act, which outlines the responsibilities of the Secretary of State for security of USG personnel on official duty abroad does not provide an express exception for personnel on the staff of IOs.  Accordingly, the RSO will be available to assist where necessary and appropriate.  Such assistance may include the provision of security briefings, residential and non-residential security surveys and countermeasure recommendations, and in-country movement security recommendations based on COM travel policies.  It is permissible for the posts to provide necessary and adequate security services, including those services provided via ICASS to the CDC employee on detail and eligible family members to the extent that the CDC provides reimbursement for these services.  If requested, COM and RSO should review and determine if security assistance is warranted in such instances. 

CDC employees detailed to IOs must provide updates to the RSO of their travel outside their assigned location.  Security concerns regarding such travel should be worked out jointly in country between the RSO, the IOs, and the CDC detailee.  Determinations should be based on the safety and security situation in each country.  In addition, CDC personnel detailed to IOs will attend mandatory security briefs given by the RSO.  CDC will exercise its authority to assure that detailees comply with the agreed upon security measures.  In the case of authorized evacuations, detailees are considered as “essential staff” and will remain at post.  In the case of an ordered evacuation, CDC staff will depart country when other staff leave or as agreed upon by COM, DS and CDC.

When appropriate, the RSO will support and advocate CDC’s request for posts to issue unclassified embassy ID cards for detailees to IOs and eligible family members to enter non-Controlled Access Area (CAA) of the post in order to have access to the embassy medical unit, community liaison officer (CLO), mail and other administrative functions per post ICASS agreement.  Detailees to IOs do not regularly attend Country Team, EAC, or other classified meetings.

T.  CDC use of Host Government (e.g. ministries of health, public universities), International Organization, Non-Governmental Organization (NGO) Facilities.  CDC personnel working in facilities belonging to the host government, IOs, or NGOs  remain under COM authority unless they are specifically detailed to the IOs (see sub-paragraph S above).  While SECCA and OSPB physical security standards do not apply to these facilities, the RSO must inspect the facility and provide appropriate recommendations to ensure there is a reasonable level of safety and security. The RSO remains responsible for ensuring the security arrangements for USG  personnel under COM authority are appropriate at these facilities.  With the concurrence of the host government or IO, CDC may directly or indirectly fund improvements to the relevant facilities/space to ensure a reasonable level of security is attained.  CDC fields three general categories of employees/facilities overseas: Policy/Administrative, Research/Laboratory, and Education/Counseling. The application of SECCA and OSPB physical security standards for each of those categories are provided below:

1. Policy/Administrative personnel and facilities: In general, to comply with the spirit and the intent SECCA, these personnel should be collocated within the Chancery or consulate. In many cases, however, CDC’s operational goals are better met through collocation of these personnel with a host government facility. SECCA includes certain collocation and setback requirements for official U.S. diplomatic facilities (as outlined in 12 FAM 310, in particular 12 FAM 313(b)) but 12 FAM 313(c)(1) exempts  "Offices occupied by USG personnel at facilities owned and operated by the host country government in order to accomplish their mission” As these host government facilities are not “diplomatic facilities” within the meaning of SECCA. This provision applies to CDC administrative, management and programmatic offices in the same sense that it applies to offices for other USG personnel. DS will review each case individually where there is inadequate space within the Chancery or its compound to house CDC programming, or where program needs require collocation with the host government and the host government has offered CDC space which is safe and secure. The local CDC office will request the RSO conduct a security site survey of the proposed location and make appropriate security recommendations. After the survey is completed, post will send a cable to the Physical Security Division (DS/PSP/PSD) and to DS/IP or DS/HTP with a copy sent to CDC, containing both COM and RSO concurrence or non-concurrence. CDC headquarters in Atlanta, Georgia will respond with a communication endorsing the proposed plan and stating the operational need for using host government facilities is required. This procedure also applies to the other types of personnel and facilities listed below if they are to be in host government, IO, or NGO facilities. Note: A DS/CDC approved occupancy agreement signed by the appropriate officer at the U.S. Embassy and the hosting organization (e.g., the ministry of health) must be executed prior to occupying the facility.  The form and monetary value of an occupancy agreement is generally not a determinative factor in deciding whether SECCA or OSPB requirements apply to an office. Several significant factors for determining whether an office is considered a U.S. diplomatic facility under the meaning of SECCA are listed in 12 FAM 310. If a CDC office collocates with the host government to accomplish its mission at a facility owned and operated by the host government, it will generally not be considered a U.S. diplomatic facility under the statute regardless of the form of occupancy agreement.

2. Research/Laboratory personnel and facilities: As long as these are host country government facilities, they do not require the SECCA waiver process or the full panoply of OSPB standards upgrades. However, if CDC enters a commercial lease for a research/laboratory facility or the facility is recognized as an official U.S. diplomatic facility, a full waiver request package for collocation and setback is required and all applicable OSPB physical security standards apply or, alternatively, requests for exceptions to specific standards must be approved by the Secretary of State through the DS Assistant Secretary.

C. Education/Counseling personnel and facilities: If located in space provided by the host government, IO, or NGO, SECCA and OSPB requirements do not apply. If a commercial lease is entered into or the facility is recognized as an official U.S. diplomatic facility, the requirements of SECCA and OSPB do apply.

VI. INVESTIGATIONS.

A. The RSO will, consistent with DS guidance, conduct the pre-employment investigations of non-U.S. CDC contractor personnel at the request of senior CDC official at post,

B. Allegations of misconduct involving foreign national employees and contractors will be investigated by the RSO. Detailed reports of such investigations shall be forwarded to the CDC/OSSAM/PHIO through DS. The results of such investigations shall be the basis for a determination by the RSO, in consultation with the senior CDC official at post, of corrective action to be taken, subject to the concurrence of the COM. The RSO, will refer through DS, to the CDC/OSSAM/PHIO, any cases for which the COM believes a decision should be made by the CDC headquarters.

C. The RSO will conduct investigations on intended non-U.S. citizen spouses and cohabitants of U.S. citizen CDC employees when tasked to do so by DS.

D. When the RSO receives reports or allegations bearing on the security or loyalty of CDC employees, the RSO shall communicate this information to DS. DS will advise CDC/OSSAM/PHIO in a timely manner and provide investigative guidance to the RSO. Except for emergency situations, or at the direction of the COM, the RSO will not initiate an investigation of CDC personnel without DS approval, which should not be granted until CDC/OSSAM/PHIO has been informed.

E. In the event that DS receives reports or allegations reflecting adversely on the suitability of CDC U.S. employees overseas, the RSO will immediately communicate this information to CDC/OSSAM/PHIO, via DS, for determination of investigation requirements.

F. Except for emergency situations, no CDC employee under investigation by the RSO will be interviewed without approval and instructions from DS following consultation with CDC/OSSAM/PHIO.

G. Security checks and/or investigations of household staff of U.S. CDC employees will be conducted consistent with post policy.

VII. TRAINING SERVICES

A. Where applicable, the CDC Unit Security Officer (USO) will be trained and assisted in security matters by the appropriate Regional or Post Security Officer.

B. The RSO will include CDC U.S. employees and U.S. contractor personnel in all appropriate security training, briefings and security briefing materials.

VIII. STATUS AND DISPUTE RESOLUTION

This MOU is not a legally-binding agreement and does not create any rights or obligations for any person or entity. Should a conflict arise between concerning the interpretation or implementation of this MOU, the matter will be forwarded to DS and CDC/OSSAM/PHIO and resolved solely by consultations between the Parties.

IX. IMPLEMENTATION AND TERMINATION

This Memorandum of Understanding will become effective upon signature by the representatives of the Parties and remains in effect until terminated by mutual consent or by written notice of one Party to the other Party at least 180 days in advance of the intended date of termination.  This MOU may be modified by the mutual written consent of the Parties, effective upon their signature.  This MOU will be reviewed every five years or upon the request of either Party.

 

 

_______/S/______________                 _______/S/______________

Gregory Starr                                      Joseph Henderson                      
Assistant Secretary                              Director
Bureau of Diplomatic Security                Office of Safety, Security and Asset

                                                           Management, Centers for Disease

                                                           Control and Prevention

 

Date:  October 26, 2015___                  Date:  October 21, 2015___

 

 

 

 

 

UNCLASSIFIED (U)