12 FAM 470
SPECIAL PROGRAM FOR EMBASSY AUGMENTATION AND RESPONSE (SPEAR)
(Office of Origin: DS/T/ATA)
12 FAM 471 Spear Purpose, AUthority, and Scope
The Special Program for Embassy Augmentation and Response (SPEAR) was undertaken as a Department initiative in response to the September 2012 terrorist attack against the U.S. Special Mission in Benghazi and associated Accountability Review Board (ARB) recommendations. The purpose of the SPEAR program is to enhance the capabilities of designated host nation security forces that are earmarked to respond to incidents involving U.S. diplomatic facilities and personnel and/or to provide personnel protective services (i.e., bodyguards) for U.S. diplomatic personnel.
12 FAM 471.1 SPEAR Authorities
a. Pursuant to 22 U.S.C. 4802(a)(1), the Secretary of State is responsible to provide for the security of U.S. diplomatic operations overseas and all U.S. Government personnel on duty abroad with certain limited exceptions. The Secretary is authorized to undertake training of personnel to fulfill that protective responsibility by 22 U.S.C. 4802 (a)(2)(F), including the establishment of local guard services and the training of foreign national personnel that would assist in that responsibility.
b. Delegation No. 214 DELEGATION OF RESPONSIBILITIES UNDER THE FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 1994 and 1995, AND CERTAIN RELATED ACTS.
12 FAM 471.2 Scope
a. This program, administered by Diplomatic Security (DS), supplements and facilitates host nation fulfillment of protective obligations under the Vienna Convention on Diplomatic and Consular Relations and serves to strengthen bilateral ties with participating countries.
b. The program is directed by the DS Directorates for High Threat Programs (DS/HTP) and International Programs (DS/IP) in consultation with the Office of Antiterrorism Assistance (DS/T/ATA) and the Directorate for Threat Investigations and Analysis (DS/TIA). The program is implemented by DS/T/ATA in collaboration with the U.S. Mission’s Regional Security Office located in the recipient host nation. In collaboration with the Regional Security Office, the program provides training, advisors, mentors, equipment loans and grants, and facilitates exercises with the host nation’s incident response services. The host nation makes a written commitment through execution of a bilateral document to support this effort by making appropriate personnel and equipment available for training, liaison, personnel protective services, and incident response. Training events may take place in the host nation, at a DS/T/ATA regional training center abroad, or in the United States.
c. SPEAR program activities are restricted to the purposes cited above by fiscal limitations and by the terms of program approval. SPEAR is intended to enhance the security of U.S. diplomatic facilities and personnel overseas by eliminating deficiencies and strengthening capabilities in the training, composition, equipment, armament, personnel protective services, and incident responsiveness of select foreign national security units and personnel that are earmarked to provide personnel protective services for U.S. diplomatic personnel and/or respond to incidents threatening U.S. diplomatic facilities and personnel. These units may include police, medical, fire/rescue, and other security elements. SPEAR-trained units and personnel may not be assigned tasks that would impede or prevent the fulfillment of their primary personnel protective services and incident response missions. SPEAR program instructors, mentors, equipment, weapons, and assets may not be diverted or used for other purposes.
d. SPEAR program trainers, mentors, regional advisors, and support personnel are restricted to training and support activities, and may not operationally deploy with host nation SPEAR units to engage a potential or active threat.
12 FAM 472 SPEAR PROGRAM SERVICES
The SPEAR program provides services within six major categories of support to host nation security forces responsible for responding to emergencies at U.S. diplomatic facilities and residences abroad:
(1) Quick response force training;
(2) Personnel protective services training;
(3) Response support services;
(4) Establishment of a training cell;
(5) Joint Readiness Exercise Facilitation; and
12 FAM 473 SPEAR ROLES AND RESPONSIBILITIES
12 FAM 473.1 DS Directorates of High Threat Programs (DS/HTP), International Programs (DS/IP), and Threat Investigations and Analysis (DS/TIA)
DS/HTP and DS/IP, in consultation with DS/TIA and DS/T/ATA, select and prioritize the candidate countries to be offered participation in the SPEAR program and determine the planned level of support. DS/HTP and DS/IP also provide operational oversight for regional security office activities in support of the SPEAR program.
12 FAM 473.2 Office of Antiterrorism Assistance (DS/T/ATA)
DS/T/ATA implements the SPEAR program by providing the management, oversight, funding and fiscal management necessary to establish, train, equip, and evaluate SPEAR units at designated posts. DS/T/ATA is responsible for oversight of the entire program, creation of a training curriculum, execution of the training plan, equipment loans and grants, and related services to host nation SPEAR security forces. DS/T/ATA conducts periodic on-site reviews to determine if the SPEAR program objectives are being met and acceptable unit capabilities and skill levels are being achieved and maintained.
12 FAM 473.3 DS Office of the Chief Financial Officer (DS/EX/CFO)
a. DS/EX/CFO, in coordination with its assigned resource manager, directs all aspects of SPEAR financial resources, coordinates with and advises SPEAR program managers on all SPEAR budget and financial matters, certifies funding availability for all SPEAR obligations, and maintains SPEAR program financial accounting.
b. The DS/T/ATA SPEAR budget covers program costs directly related to training and equipping a host nation SPEAR team. Operational budget requirements and related funding must be identified by post and the host nation. Expenses to support overtime, travel, or per diem associated with Embassy security operations are not supported by DS/T/ATA’s SPEAR budget.
c. If deemed necessary by DS/T/ATA management and post management, stipends will be offered to host nation SPEAR units that have personnel dedicated to support U.S. diplomatic facilities, and if a Quick Response Force (QRF) unit is maintained that also have a Tactical Holding Area (THA). All stipends will be paid from the SPEAR budget.
d. The Regional Security Office must coordinate with the Office of Overseas Protective Operations (DS/IP/OPO) and receive approval, prior to allowing the SPEAR training cell to conduct any training with the local guard force, if there is to be a funding request to support conducting the training.
12 FAM 473.4 SPEAR Participant Selection Committee
The SPEAR Participant Selection Committee (SPSC) will determine which countries are selected as candidates for participation in the SPEAR program and which level of training (Tier I, II or III) would be appropriate for each candidate. The SPSC will be chaired by DS/T/ATA and will consist of participants from DS/T/ATA, DS/HTP, DS/IP and DS/TIA. The SPSC will meet at least semi-annually or otherwise as needed. DS/T/ATA will prepare the agenda for the SPSC meetings by providing recommendations for countries to be considered for participation in the program and the recommended level of training.
12 FAM 473.5 Office of Acquisitions Management (A/OPE/AQM)
a. A/OPE/AQM provides contract management services in support of SPEAR program activities. A/OPE/AQM assigns a Contracting Officer (CO) for all contracts and related task orders providing services to the SPEAR unit. The CO possesses the sole authority to enter into or change (modify) a contract on behalf of the U.S. Government. The CO may delegate in writing specific authorities to one or more technically qualified persons to serve as the Contracting Officer’s Representative (COR), Assistant COR (A/COR) or Government Technical Monitor (GTM) to assist in the administration of the contract and task orders (TOs) (see 14 FAH-2 H-143).
b. All Department personnel designated in writing by a CO as CORs, A/CORs, or GTMs for SPEAR must possess and maintain Federal Acquisition Certification for Contracting Officer’s Representatives (FAC-COR) as implemented by the Office of the Procurement Executive (A/OPE). All DS personnel designated as CORs, A/CORs or GTMs on the SPEAR program specific contract or task order must have the position’s associated responsibilities documented in their employee work requirements and maintain COR training requirements (see 14 FAH-2 H-143.1).
12 FAM 473.6 Office of the Legal Adviser (L)
The Office of the Legal Adviser furnishes advice on all legal issues, domestic and international, arising as a result of SPEAR program planning or activities. All agreements with host nations participating in the SPEAR program must be cleared by L/M/DS.
12 FAM 473.7 Regional Security Office
a. The Regional Security Office is responsible for negotiating, in consultation with DS/T/ATA and L/M/DS, the initial bilateral document with the host nation that establishes the requirements and obligations for participation in the SPEAR program. DS/T/ATA will provide the Regional Security Office with an initial draft of the bilateral document for presentation to the host government.
b. The Regional Security Office plays a key role in SPEAR program management by: providing input for SPEAR strategic priorities; ensuring that local national individuals selected for SPEAR training have undergone informal vetting by post; facilitating the delivery of training and equipment to SPEAR recipients; coordinating joint readiness exercises; performing ongoing program oversight and evaluation; and advocating for the SPEAR program to the U.S. mission and host government.
c. In addition, DS special agents at post may serve as A/CORs for contracted SPEAR activities at post when designated in writing by a CO.
d. The RSO is designated in writing by the DS accountable property officer (APO) as the Custodial Officer (CO) for all SPEAR property at post and will ensure the following take place:
(1) Identifying a representative from the Partner Nation who will sign for all loaned and issued property listed on the Form DS-584, Property Transaction;
(2) Conducting an annual inventory of all loaned assets (including motor vehicles) between October 1 and January 15 of each fiscal year using the Detailed Global Inventory Report;
(3) As the Custodial Officer for SPEAR property, they will sign and submit the Detailed Global Inventory Report to DS/T/ATA SPEAR for review;
(4) Missing items will be reported using the ILMS-generated Form DS-132, Property Disposal Authorization and Survey Report, signed with a justification and submitted to DS/T/ATA SPEAR; and
(5) Provide GSO with fuel purchase and maintenance information for highway use motor vehicles.
12 FAM 473.8 General Services Office (GSO)
a. The Regional Security Office must coordinate with the General Services Officer (GSO) at post to ensure that SPEAR program property is inventoried, tracked, and accounted for according to Department requirements.
b. The GSO is responsible for assisting the RSO with the management of all SPEAR property in ILMS.
12 FAM 473.9 Host Nation
a. The host nation has an ongoing responsibility to protect diplomatic and consular missions and accredited personnel pursuant to the Vienna Conventions on Diplomatic and Consular Relations. Host nation willingness and capability to meet the security needs of U.S. diplomatic missions abroad are significant factors in determining which countries are selected for participation in the SPEAR program.
b. Participation in the SPEAR program requires the execution of a bilateral document that records the acceptance by the host nation of the responsibilities and obligations necessary to participate. This document must be based on either the SPEAR Letter of Intent template or the SPEAR Memorandum of Understanding template. Changes to the template text must be cleared by DS/T/ATA and L/M/DS. In the event that the host nation is reluctant to accept the terms included in the draft document or raises other issues regarding the terms or signature, post should notify DS/T/ATA and contact L/M/DS for guidance and possible alternative arrangements for program participation.
12 FAM 473.10 Property Management Division
a. The Property Management Division (A/LM/PMP/PM) is responsible for ensuring the Department owned personal property is appropriately accounted for throughout the entire lifecycle of the property, including disposition as required by 14 FAM 410. As program property (14 FAM 414.1-2), DS/T/ATA and A/LM/PMP/PM have developed some unique requirements for the control and management of SPEAR U.S. Government owned program property including:
(1) Establishment of a separate SPEAR business unit in the Department Integrated Logistics Management System (ILMS) with the RSO designated as the Custodial Officer for all SPEAR property at post;
(2) Receiving official recording receipt of SPEAR shipments using the ILMS final receipt module; and
(3) Once the equipment arrives at post, use of the ILMS loanable property module to manage the assets and loan or issue to partner nations under the SPEAR program.
b. A/LM/PMP/PM desk officers are available to support RSO throughout the entire SPEAR equipment loan or issuance, inventory, tracking, and accountability processes. A full listing of Property Management Division desk officers is available on the Property Management Contacts page.
12 FAM 473.11 DS/EX
DS/EX and the SPEAR procurement manager, in coordination with the SPEAR
program manager, will be responsible for the following:
(1) Conducting an internal Property Survey Board for all missing SPEAR accountable assets identified during annual and periodic inventories.
(2) Notifying A/LM/PMP/PM of any new property added to the program in order to reassess accountability requirements.
(3) Maintaining copies of all annual physical inventory certification documentation.
12 FAM 474 THROUGH 479 UNASSIGNed