USIA

Deputy Directors, Assistant Directors, Deputy Assistant Directors, and Associate Directors, USIA, Executive Assistants to the Director or Deputy Director of the Agency, Inspector General, Commissioner General, Deputy Commissioner General, Staff Director (U.S. Advisory Commission on Information), Engineering Manager (IBS), Production Manager (IMV), Chief, Exhibits Division (ICS), Art Director (I), Country Public Affairs Officer, Deputy Country Public Affairs Officer, Public Affairs Counselor, Deputy Public Affairs Counselor, Director or Manager of Regional Service Center, Radio Relay Station, Radio Program Center or Radio Relay Station Construction Site, Administrative Officer or Executive Officer at a post abroad, Administrative Officer, Executive Officer and Business Manager (occupational codes 301, 340, 341, and 1101), Contracting Specialist and Procurement Specialist (occupational code 1102), Auditor and countant (occupational code 510), General Counsel, Deputy General Counsel, or Attorney (occupational code 905).

AID

Ac

(1) AID/W: Deputy Assistant Administrators, Associate Assistant Administrators, Deputy Associate Assistant Administrators, Heads and Deputy Heads of Offices, Staffs, and Divisions, Desk Officers and Deputy Desk Officers.

(2) Overseas: Mission Directors, Deputy Directors, AID Representatives, AID Affairs Officer, AID Liaison Officer, and Assistant Directors.

(3) In addition the classes of persons whose position fall within the following occupational categories: 0083 Chief of Public Safety Advisor and his Deputy; 0301 Loan Implementation Officer, Project Implementation Officer, Program Development Officer, Cooperative Advisor/Specialist, Commercial Credit Specialist or Advisor, or any person serving as chief of an operational branch responsible for housing, loans, guarantees, or other commercial type transactions with the public; 0340 Program Management Group; 0341 Executive Officer, Deputy Executive Officer, Assistant Executive Officer, Business Manager, General Services Officer (Property and Supply) or (Procurement); 0905 Attorney-Advisor Group; 1102 Contract and Procurement Group; 1140 Trade Specialist Group; 1150 Industrial Specialist Group; 1152 Production Control Group; 1160 General Finance Group; 1165 Loan Specialist Group; 2001 General Supply Group; 2020 Purchasing Group; 0510 Accounting Group. § 10.735-402 Employees not required to submit statements.

(a) Employees in positions that meet the criteria in paragraph (c) of § 10.735

401 may be excluded from the reporting requirement when the agency head or his designee determines that:

(1) The duties of the position are such that the likelihood of the incumbent's involvement in a conflict-of-interest situation is remote;

(2) The duties of the position are at such a level of responsibility that the submission of a statement of employment and financial interests is not necessary because of the degree of supervision and review over incumbent or the inconsequential effect on the integrity of the Government.

(b) A statement of employment and financial interests is not required by the regulations in this part from an agency head, or a full-time member of a committee, board, or commission appointed by the President. These employees are subject to separate reporting requirements under section 401 of Executive Order 11222.

(c) Special Government employees not required to submit statements. An agency head may waive the requirement of this section for the submission of a statement of employment and financial interest in the case of a special Government employee who is not a consultant or an expert when the agency finds that the duties of the position held by that special Government employee are of a nature and at such a level of responsibility that the submission of the statement by the incumbent is not necessary to protect the integrity of the Government. For the purpose of this paragraph, "consultant" and "expert" have the meanings given those terms by Chapter 304 of the Federal Personnel Manual, but do not include a physician, dentist, or allied medical specialist whose services are procured to provide care and service to patients.

§ 10.735-403 Employee's complaint on filing requirement.

Each employee shall have the opportunity for review through his agency's grievance procedure of his complaint that his position has been improperly included within § 10.735-401 as one requiring the submission of a statement of employment and financial interests, Employees are reminded that they may obtain counseling pursuant to § 10.735-103 prior to filing a complaint.

§ 10.735-404 Time and place of submission, and forms.

(a) An employee or special Government employee shall submit his statement to his Counselor (in the case of a State employee, through his Bureau) no later than:

(1) Ninety days after the effective date of this part if he has entered on duty on or before that effective date; or

(2) At least 10 days prior to his entrance on duty, if he enters on duty after that effective date; except that an employee or special Government employee who enters on duty within 90 days of the effective date of this part may submit his statement within 90 days after his entrance on duty.

(b) Only the original of the statement or supplement thereto required by this part shall be submitted. The individual submitting a statement should retain a copy for his own records.

§ 10.735-405 Information required.

(a) Employees. Employees' statement of employment and financial interests required by the regulations in this part shall be submitted on the form, "Confidential Statement of Employment and Financial Interests (for use by Government Employees)", Form JF-1, and shall contain all the information therein required.

(b) Special Government employees. All special Government employees shall submit statements of employment and financial interest on the form, "Confidential Statement of Employment and Financial Interests (for use by Special Government Employees)", Form JF-1A for State and USIA, Form AID 4-450 for AID, and shall contain all the information therein required.

(c) Interests of employee's relatives. The interest of a member of an employee's family is considered to be an interest of the employee. The term "member of an employee's family" is defined in § 10.735-102(f).

(d) Information not known by employees. If any information required to be included on a statement of employment and financial interests or supplementary statement, including holdings placed in trust, is not known to the employee but is known to another person, the employee shall request that other person to submit information in his behalf.

(e) Interests not required to be reported. An employee need not report an

interest which has by general rule or regulation published in the FEDERAL REGISTER under section 208(b) (2) of title 18, United States Code, been exempted as too remote or too inconsequential to affect the integrity of employees' services.

(f) Information prohibited. The regulations in this part do not require an employee to submit on a statement of employment and financial interests or supplementary statement any information relating to the employee's connection with, or interest in, a professional society or a charitable, religious, social, fraternal, recreational, public service, civic, or political organization or a similar organization not conducted as a business enterprise. For the purpose of this section, educational and other institutions doing research and development or related work involving grants or money from or contracts with the Government are deemed "business enterprises" and are required to be included in an employee's statement of employment and financial interests.

§ 10.735-406 Submission of position description.

Each Statement of Employment and Financial Interests or annual supplement thereto must be accompanied by a full description of the employee's principal governmental duties. The description should be particularly detailed in regard to those duties which might possibly be an element in a conflict of interest. If the statement indicates that the employee has no outside employment or financial interests, the employee need not submit a description of duties. For a special Government employee, the employing office shall submit the description.

(a) Changes in, or additions to, the information contained in an employee's statement of employment and financial interests, shall be reported in a supplementary statement as of June 30 each year. If no changes or additions occur, a negative report is required. Notwithstanding the filing of the annual report required by this section, each employee shall at all times avoid acquiring a financial interest that could result, or taking an action that would result, in a violation of the conflicts-of-interest provisions of section 208 of title 18, United

States Code, or Subpart B of this part.

(a) On the basis of the Statement of Employment and Financial Interests submitted by each employee or special Government employee, or on the basis of information received from other sources, the Counselor shall determine, in the light of the duties which that employee or special Government employee is or will be performing, whether any conflicts of interest, real or apparent, are indicated. The Counselor shall make this determination based on the applicable statutes, the Executive order and the applicable regulations of the Civil Service Commission, and of the agency.

(b) Where the Counselor's determination in a particular case is that a conflict of interest, real or apparent; is indicated, he shall initiate informal discussions with the employee or special Government employee concerned. These discussions shall have as their objectives:

(1) Providing the individual with a full opportunity to explain the conflict or appearance of conflict; and

(2) Arriving at an agreement (acceptable to the Counselor, the individual and the individual's immediate superior) whereby the conflict of interest may be removed or avoided. Such an agreement may include, but is not limited to:

(i) Changes in assigned duties;

(ii) Divestiture of the financial or employment interest creating the conflict or apparent conflict; or

(iii) Disqualification for a particular assignment.

(c) Where an acceptable agreement cannot be obtained pursuant to paragraph (b) of this section, the Counselor

shall present his findings and recom

mendations to the officer designated by the agency head, who shall decide which remedy is most appropriate to remove or correct that conflict or apparent conflict. Remedial action under this paragraph may include disciplinary action or any of the actions enumerated in subparagraph (2) of paragraph (b) of this section and shall be effected in accordance with applicable laws, Executive orders, and regulations.

(d) Written summaries of all agreements and decisions arrived at pursuant to paragraph (b) or (c) of this section shall be placed in the Counselor's files. Copies shall also be made available to the employee or special Government employee concerned.

§ 10.735-409 Confidentiality of employees' statements.

An agency shall hold each statement of employment and financial interests, and each supplementary statement, in confidence. To insure this confidentiality only the Counselor and Deputy Counselors are authorized to review and retain the statements. The Counselor and Deputy Counselors are responsible for maintaining the statements in confidence and shall not allow access to, or allow information to be disclosed from, a statement except to carry out the purpose of this part. An agency may not disclose information from a statement except as the Civil Service Commission or the agency head may determine for good cause shown.

§ 10.735-410 Effect of employees' statements on other requirements.

The statements of employment and financial interests and supplementary statements required for employees are in addition to, and not in substitution for, or in derogation of, any similar requirement imposed by law, order, or regulation. The submission of a statement or supplementary statement by an employee does not permit him or any other person to participate in a matter in which his or the other person's participation is prohibited by law, order, or

regulation.

PART 11-APPOINTMENT OF FOREIGN SERVICE OFFICERS

Sec.

11.1

11.2

11.3

11.4

11.5

11.6

11.7

11.8

Eligibility for appointment as Foreign
Service Officer.

Written examination for appointment
to class 7 or 8.

Oral examination for appointment to class 7 or 8.

Medical examination for appointment to class 7 or 8.

Certification for appointment to class 7 or 8.

Leave without pay appointments. Termination of eligibility. Travel expenses of candidates. 11.11 Lateral entry appointment of Foreign Service Officers to classes 1 through 6.

AUTHORITY: The provisions of this Part 11 issued under secs. 212, 302, 303, 516, 517, 60 Stat. 1001, as amended, 1002, 1008, as amended; 22 U.S.C. 827, 842, 843, 911, 912.

SOURCE: The provisions of this Part 11 contained in Dept. Regs. 108.545, 108.546, 32 F.R. 3443, 3444, Mar. 2, 1967, unless otherwise noted.

§ 11.1 Eligibility for appointment as Foreign Service Officer.

(a) Pursuant to section 511 of the Foreign Service Act of 1946, as amended, all Foreign Service officers shall be appointed by the President, by and with the advice and consent of the Senate. All appointments shall be made to a class and not to a particular post. No person shall be eligible for appointment as a Foreign Service officer unless he has demonstrated his loyalty to the Government of the United States and his attachment to the principles of the Constitution, and unless he has been a citizen of the United States for at least 10 years and, if married, is married to a citizen of the United States. The religion, race, sex, and political affiliations of a candidate will not be considered in designations, examinations or certifications.

(b) Appointment as a Foreign Service officer of class 8, or of class 7, in circumstances specified herein, is governed by regulations § 11.2 through § 11.8.

§ 11.2 Written examination for appointment to class 7 or 8.

The Board of Examiners for the Foreign Service has established the following rules regarding the written examination:

(a) The written examination will be given annually or semi-annually, if re

quired, in designated cities in the United States and at Foreign Service posts abroad on dates established by the Board of Examiners for the Foreign Service. Applicants must indicate in their applications whether they are applying for the Department of State or for the U.S. Information Agency. Candidates who pass the written examination successfully (Option A) may request to transfer their application to the other agency.

(b) No person will be permitted to take a written examination for appointment as Foreign Service officer who has not been specifically designated by the Board of Examiners to take that particular examination. Prior to each written examination the Board will establish a closing date for the receipt of applications for designation to take the examination. No person will be designated for the examination who has not as of that closing date filed an application with the Board. To be designated for the written examination, a candidate, as of the date of the examination, shall have been a citizen of the United States for at least 71⁄2 years and shall be at least 21 but under 31 years of age, except that an applicant who has been awarded a bachelor's degree by a college or university, or has completed successfully his junior year at a college or university, may qualify as to age if at least 20 but under 31 years of age.

(c) The written examination is designed to permit the Board to test the candidate's intelligence and the breadth and quality of his knowledge and understanding. It will consist of 4 parts: (1) A general ability test, (2) an English expression test, (3) a general background test, and (4) three special optional tests: Option A-History, Government, Social Sciences and Public Affairs; Option BAdministration; Option C-Economics and Commerce; one of which must be selected by the candidate except that candidates for the U.S. Information Agency will take Option A only.

(d) The several parts of the written examination will be weighted in accordance with the rules laid down by the Board of Examiners.

§ 11.3 Oral examination for appointment to class 7 or 8.

The Board of Examiners for the Foreign Service has established the following rules regarding the oral examination:

(a) The oral examination will be given throughout the year at Washington and periodically in selected cities in the United States and at selected Foreign Service posts abroad.

(b) If a candidate's weighted average on the four parts of the written examination is 70 or higher, he will be eligible to take the oral examination. Candidates eligible for the oral examination will be given an opportunity and will be required to take the oral examination within 9 months after the date of the written examination. If a candidate fails to present himself for the oral examination on an agreed date within the 9-month period, his candidacy will automatically terminate except that time spent outside the United States and its territories for reasons acceptable to the Board of Examiners will not be counted against the 9-month period.

(c) The oral examination will be given by a panel of deputy examiners selected by the Board of Examiners from a roster of Foreign Service officers, officers from the Department of State and other Government agencies, and qualified private citizens who by prior service as members of selection boards or through other appropriate activities have demonstrated special qualifications for this work. The examination will be conducted in the light of all available information concerning the candidate and will be designed to determine his competence to perform the work of a Foreign Service officer at home and abroad, his potential for growth in the Service, and his suitability to serve as a representative of the United States abroad. Panels examining candidates for the Department of State will be chaired by a Foreign Service officer with the Department. Panels examining candidates for the United States Information Agency will be chaired by a Foreign Service officer of that Agency. Determinations of duly constituted panels of deputy examiners are final, unless modified by specific action of the Board of Examiners for the Foreign Service.

(d) Candidates appearing for the oral examination will be graded "recommended for class 8," "recommended for class 7," or "not recommended." If recommended, the panel will assign a grade which will determine the candidate's numerical standing on the rankorder register of eligibles.

§ 11.4 Medical examination for appointment to class 7 or 8.

The Board of Examiners for the Foreign Service has established the following rules regarding the medical examination of candidates.

(a) A candidate graded "recommended" on the oral examination will be eligible for the physical examination.

(b) The medical examination will be designed to determine the candidate's physical fitness to perform the duties of a Foreign Service officer on a worldwide basis and to determine the presence of any physical, nervous, or mental disease or defect of such a nature as to make it unlikely that he would become a satisfactory officer. The Executive Director of the Board of Examiners for the Foreign Service, with the concurrence of the Director, Medical Division, may make such exceptions to these physical requirements as are in the interest of the service. All such exceptions shall be reported to the Board of Examiners for the Foreign Service at its next meeting.

(c) The medical examination will be conducted either by medical officers of the Armed Services, the Public Health Service, the Department, accredited colleges and universities, or, with the approval of the Board of Examiners, by private physicians.

(d) The Board of Examiners will determine on the basis of the report of the physician(s) who conducted the medical examination whether the candidate has met the standards set forth in paragraph (b) of this section.

§ 11.5

Certification for appointment to class 7 or 8.

No person will be certified as eligible for appointment as a Foreign Service officer of class 8 unless he is at least 21 years of age, has been a citizen of the United States for at least 10 years, and, if married, is married to a citizen of the United States. A person shall be certified as eligible for direct appointment to class 7 if in addition to meeting these specifications he is at least 24 years old and has a record of 2 years of graduate training, employment, military service, or Peace Corps service which clearly demonstrates ability and special skills for which there is a need in the Foreign Service. Recommended candidates who meet these requirements, who pass their medical examinations, and