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that the violation was willful on the 3a.2 Requirement for approval of foreign part of the employee, the senior admin- government employment. istrative official referred to in para
3a.3 Authority to approve or disapprove
proposed foreign government employgraph (c)(1) of this section shall insti
ment. tute appropriate disciplinary action of
3a.4 Procedure for requesting approval. a lesser degree than that called for in 3a.5 Basis for approval or disapproval. paragraph (c)(2) of this section in order 3a.6 Notification of approval. to deter future violations by the same 3a.7 Notification of disapproval and reconor another employee.
3a.8 Change in status. $3.11 Responsibility of chief of mis
AUTHORITY: Sec. 509, 91 Stat. 859 (37 U.S.C. sion to inform host government of 801 Note); sec. 4, as amended, 63 Stat. 111 (22 restrictions on employees' receipt U.S.C. 2658). of gifts and decorations.
SOURCE: 43 FR 55393, Nov. 28, 1978, unless A special provision of the Act re- otherwise noted. quires the President to direct every chief of a United States diplomatic $ 3a.1 Definitions. mission to inform the host government For purposes of this partthat it is a general policy of the United (a) Applicant means any person who States Government to prohibit its em- requests approval under this part to acployees from receiving gifts of more cept any civil employment (and comthan minimal value or decorations that pensation therefor) from a foreign govhave not been tendered "in recognition ernment and who is: (1) Any retired of active field service in time of com- member of the uniformed services; bat operations or awarded for other (2) Any member of a Reserve compooutstanding or unusually meritorious nent of the Armed Forces; or performance.” Accordingly, all Chiefs (3) Any member of the commissioned of Mission shall in January of each Reserve Corps of the Public Health year conduct a thorough and explicit Service. program of orientation aimed at appro
The term “applicant” also includes priate officials of the host government
persons described in paragraph (a)(1), concerning the operation of the Act.
(2), or (3) of this section, who have al$3.12 Exemption of grants and other
ready accepted foreign government emforeign government assistance in
ployment and are requesting approval cultural exchange programs from
under this part to continue such emcoverage of foreign gifts and deco- ployment. rations legislation.
(b) Uniformed services means the The Act specifically excludes from
Armed Forces, the commissioned Reg
ular and Reserve Corps of the Public its application grants and other forms of assistance “to which section 108A of
Health Service, and the commissioned the Mutual Educational and Cultural
corps of the National Oceanic and AtExchange Act of 1961 applies”. See 22
mospheric Administration. U.S.C. 2558 (a) and (b) for the terms and
(c) Armed Forces means the Army, conditions under which Congress con
Navy, Air Force, Marine Corps, and
Coast Guard. sents to the acceptance by a Federal
(d) Secretary concerned means: (1) The employee of grants and other forms of assistance provided by a foreign gov
Secretary of the Army, with respect to ernment to facilitate the participation
retired members of the Army and memof such employee in a cultural ex
bers of the Army Reserve;
(2) The Secretary of the Navy, with change.
respect to retired members of the Navy
and the Marine Corps, members of the PART 30-ACCEPTANCE OF EM
Navy and Marine Corps Reserves, and PLOYMENT FROM
retired members of the Coast Guard GOVERNMENTS BY MEMBERS OF and members of the Coast Guard ReTHE UNIFORMED SERVICES
serve when the Coast Guard is oper
ating as a service in the Navy; Sec.
(3) The Secretary of the Air Force, 3a.1 Definitions.
with respect to retired members of the
Air Force and members of the Air Force Reserve;
(4) The Secretary of Transportation, with respect to retired members of the Coast Guard and members of the Coast Guard Reserve when the Coast Guard is not operating as a service in the Navy;
(5) The Secretary of Commerce, with respect to retired members of the commissioned corps of the National Oceanic and Atmospheric Administration; and
(6) The Secretary of Health, Education, and Welfare, with respect to retired members of the commissioned Regular Corps of the Public Health Service and members of the commissioned Reserve Corps of the Public Health Service.
any other penalty which may be imposed under law or regulation.1 83a.3 Authority to approve
or disapprove proposed foreign govern
ment employment. The Director, Bureau of PoliticoMilitary Affairs, is authorized to approve or disapprove any request by an applicant for approval under this part to accept civil employment and compensation therefor) from a foreign government. The Director may delegate this authority within the Bureau of Politico-Military Affairs, Department of State.
8 3a.2 Requirement for approval of for.
eign government employment. (a) The United States Constitution (Article I, section 9, clause 8) prohibits the acceptance of civil employment with a foreign government by an officer of the United States without the consent of Congress. Congress has consented to the acceptance of civil employment and compensation therefor) by any person described in $3a.1(b) subject to the approval of the Secretary concerned and the Secretary of State (37 U.S.C. 801, Note). Civil employment with a foreign government may not be accepted without such approval by any person so described.
(b) The Secretary of State has no authority to approve employment with a foreign government by any officer of the United States other than a person described in 83a.l(a). The acceptance of employment with a foreign government by any other officer of the United States remains subject to the constitutional prohibition described in paragraph (a) of this section.
(c) Any person described in $3a.1(a) who accepts employment with a foreign government without the approval required by this section or otherwise obtaining the consent of Congress is subject to forfeiture of retired pay to the extent of his or her compensation from the foreign government, according to the Comptroller General of the United States (44 Comp. Gen. 139 (1964)). This forfeiture is in addition to
83a.4 Procedure for requesting ap
proval. (a) An applicant must submit a request for approval of foreign government employment to the Secretary concerned, whose approval is also required by law for the applicant's acceptance of civil employment from a foreign government. The request must contain information concerning the applicant's status, the nature of the proposed employment in as much detail as possible, the identity of and relationship to the foreign government concerned, and other matters as may be required by the Secretary concerned.
(b) Requests approved by the Secretary concerned will be referred to the Director, Bureau of Politico-Military Affairs, for approval. Requests received by the Director, Bureau of PoliticoMilitary Affairs, directly from an applicant will be initially forwarded to the Secretary concerned, or his designee, for approval of disapproval.
be informed. The Director's authority to make a final decision after reconsideration may not be redelegated. § 3a.8 Change in status.
In the event that an applicant's foreign government employment approved under this part is to be materially changed, either by a substantial change in duties from those described in the request upon which the original approval was based, or by a change of employer, the applicant must obtain further approval in accordance with this part for such changed employment.
PART 4-NOTIFICATION OF FOREIGN OFFICIAL STATUS
AUTHORITY: 22 U.S.C. 2651a(a)(4).
SOURCE: 61 FR 32328, June 24, 1996, unless otherwise noted.
States, in light of the applicant's official status as a retiree or reservist. $3a.6 Notification of approval.
The Director, Bureau of PoliticoMilitary Affairs, will notify the Secretary concerned when an applicant's proposed foreign government employment is approved. Notification of approval to the applicant will be made by the Secretary concerned or his designee. $3a.7 Notification of disapproval and
reconsideration. (a) The Director, Bureau of PoliticoMilitary Affairs, will notify the applicant directly when an applicant's proposed foreign employment is disapproved, and will inform the Secretary concerned.
(b) Each notification of disapproval under this section must include a statement of the reasons for the disapproval, with as much specificity as security and foreign policy considerations permit, together with a notice of the applicant's right to seek reconsideration of the disapproval under paragraph (c) of this section.
(c) Within 60 days after receipt of the notice of disapproval, an applicant whose request has been disapproved may submit a request for reconsideration by the Director, Bureau of Politico-Military Affairs. A request for reconsideration should provide information relevant to the reasons set forth in the notice of disapproval.
(d) The disapproval of a request by the Director, Bureau of Politico-Military Affairs, will be final, unless a timely request for reconsideration is received. In the event of a request for reconsideration, the Director, Bureau of Politico-Military Affairs, will make a final decision after reviewing the record of the request. A final decision after reconsideration to approve the applicant's proposed employment with a foreign government will be communicated to the Secretary concerned as provided in $3a.6. A final decision after reconsideration to disapprove the applicant's proposed employment with a foreign government will be communicated directly to the applicant as provided in paragraph (a) of this section and the Secretary concerned will
In accordance with Article 10 of the Vienna Convention on Diplomatic Relations and Article 24 of the Vienna Convention on Consular Relations, diplomatic missions must notify the Office of Protocol immediately upon the arrival, in the United States, of any foreign government officer or employee (including domestics and family members), who are serving at diplomatic missions, consular posts, or miscellaneous foreign government offices. If the employee is already in the United States in some other capacity, the notification should be made upon assumption of duties. This initial notification requirement also includes all U.S. citizens and permanent resident aliens who are employed by foreign missions.
8 4.2 Procedure.
Notification and subsequent changes are made as follows:
(a) Diplomatic and career consular officers and their dependents: Form DSP-110, Notification of Appointment of Foreign Diplomatic Officer and Career Consular Officer;
(b) All other foreign government employees who are serving at diplomatic missions, consular posts, or miscellaneous foreign government offices and their dependents: Form DSP-111, Notification of Appointment of Foreign Government Employee.
(c) Honorary consular officers: Form DSP-112, Notification of Appointment of Honorary Consular Officer.
(d) Missions should use Form DSP113, Notification of Change Identification Card Request, to promptly inform the Department of State of any change in the status of officers or employees of the missions and their family members originally reported to Protocol, or to apply for an identification card.
(e) Upon termination of employment of any diplomatic or consular officer, honorary consular officer, embassy or consular employee, or miscellaneous foreign government staff member, a Form DSP-115, Notice of Termination of Diplomatic, Consular, or Foreign Government Employment, must be submitted to the Office of Protocol.
Sec. 5.1 Introduction. 5.2 Central and field organization, estab
lished places at which, the officers from whom, and the methods whereby the public may secure information, make submittals, or request, or obtain decisions; and statements of the general course and method by which its functions are chan
neled and determined. 5.3 Rules of procedure, description of forms
available or the places at which forms may be obtained, and instructions as to the scope and content of all papers, re
ports, or examinations. 5.4 Substantive rules of general applica
bility adopted as authorized by law, and statements of general policy or interpretation of general applicability formu
lated and adopted by the agency. AUTHORITY: Sec. 4, 63 Stat. 111, as amended, sec. 501, 65 Stat. 290; 22 U.S.C. 2658, 31 U.S.C. 483a, 5 U.S.C. 552, E.O. 10501; 18 FR 7049; 3 CFR, 1949–1953 Comp., page 979.
SOURCE: 33 FR 7078, May 11, 1968, unless otherwise noted.
85.2 Central and field organization, es
tablished places at which, the offi. cers from whom, and the methods whereby the public may secure information, make submittals, or request, or obtain decisions; and statements of the general course and method by which its functions
are channeled and determined. (a) The following statements of the central and field organization of the Department of State and its Foreign Service posts are hereby prescribed:
(1) The central organization of the Department of State was issued as Public Notice No. 267, 32 FR 8923, June 22, 1967.
(2) The foreign field organization of the Department of State was issued as Public Notice No. 254, 32 FR 3712, March 3, 1967.
(3) The domestic field organization of the Department of State was issued as Public Notice No. 268, 32 FR 8925, June 22, 1967.
(b) As used in the following sections, the term “Department of State" includes all offices within the Department in Washington, its domestic field offices in the United States, all Foreign Service posts throughout the world, and U.S. missions to international organizations unless otherwise specified.
(c) Any person desiring information concerning a matter handled by the Department of State, or any person desiring to make a submittal or request in connection with such a matter, should communicate either orally or in writing with the appropriate office. If the office receiving the communication does not have jurisdiction to handle the matter, the communication, if written, will be forwarded to the proper office, or, if oral, the person will be advised how to proceed. When the submittal or request consists of a formal application for one of the documents, privileges, or other benefits provided for in the laws administered by the Department of State, or in the regulations implementing these laws, the instructions on the form as to preparation and place of submission should be followed. In such cases, the provisions of this part referring to the particular regulation concerned should be consulted.
The sections in this part 5 are issued pursuant to section 3 of the Administrative Procedure Act, 5 U.S.C. 552, effective July 4, 1967.
$5.3 Rules of procedure, description of
forms available or the places at which forms may be obtained, and instructions as to the scope and content of all papers, reports, or ex
aminations. Rules of procedure regarding the following listed matters may be consulted
under the corresponding regulations referenced in $5.4, or obtained upon application to the offices listed below. Forms pertaining to the following listed matters, and instructions relating thereto may also be obtained at the offices indicated below:
Office Appointment of Foreign Service Board of Examiners for the Officers.
Foreign Service. Authentication and other services Document and Reference Di
vision. Claims and stolen property Legal Adviser
International educational and cul- Bureau of Educational and tural exchange program.
Cultural Affairs. International traffic in arms Office of Munitions Control ...
Department of State, Room 7314, 1800 N. Kent St., Arling
ton, Va. 22209. Department of State, Room 2815, 22d and D Sts. NW.,
Washington, DC 20520. Department of State, 2201 C Street NW., Washington, DC
20520. Department of State, 2201 C Street NW., Washington, DC
20520 Department of State, Room 800, 1700 N. Lynn St., Arling
ton, Va. 22209. Department of State, Room 362, 1425 K St., NW., Wash
ington, DC 20524. Department of State, 2201 C Street NW., Washington, DC
Nationality and passports Passport Office
zens, shipping and seamen, and Services
other consular services abroad. Visa issuance
Department of State, Annex 2, 515 22d Street NW., Wash
ington, DC 20520.
$5.4 Substantive rules of general ap
plicability adopted as authorized by law, and statements of general policy or interpretation of general applicability formulated and adopted
by the agency. (a) The regulations of the Department of State required to be published under the provisions of the Administrative Procedure Act are found in the Code of Federal Regulations and the FEDERAL REGISTER. Any person desiring information with respect to a particular procedure should examine the pertinent regulation cited hereafter.
(b) The following are citations to regulations within the scope of this section.
(1) Acceptance of Gifts and Decorations from Foreign Governments. 22 CFR part 3 et seq.
(2) Employee Responsibility and Conduct. 22 CFR part 10 et seq.
(3) Appointment of Foreign Service Officers. 22 CFR part 11 et seq.
(4) Fees for Services in the United States, fees and charges, Foreign service. 22 CFR part 21 et seq.; 22 CFR part 22 et seq.
(5) Claims and Stolen Property. 22 CFR part 31 et seq.
(6) Issuance of Visas. 22 CFR parts 41-42 et seq.
(7) Nationality and Passports. 22 CFR part 50 et seq.
(8) International Educational and Cultural Exchanges. 22 CFR part 61 et seq.
(9) Protection and Welfare of Americans Abroad. 22 CFR part 71 et seq.
(10) Shipping and Seamen Abroad. 22 CFR part 81 et seq.
(11) Other Consular Services Abroad. 22 CFR part 91 et seq.
(12) Economic, Commercial and Civil Air Functions Abroad. 22 CFR part 101 et seq.
(13) International Traffic in Arms. 22 CFR part 121 et seq.
(14) Certificates of Authentication. 22 CFR part 131 et seq.
(15) Civil Rights. 22 CFR part 141 et seq.
(16) Department of State Procurement. 41 CFR part 6-1 et seq.
(c) These regulations are supplemented from time to time by amendments appearing initially in the FEDERAL REGISTER.
PART 7-BOARD OF APPELLATE
Sec. 7.1 Definitions. 7.2 Establishment of Board of Appellate Re
view; purpose. 7.3 Jurisdiction. 7.4 Membership and organization. 7.5 Procedures. 7.6 Hearings. 7.7 Passport cases. 7.8 South African Fair Labor Standards