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who on the basis of investigation are found to be loyal to the Government of the United States and personally suitable to represent it abroad, will have their names placed on the rank-order register for class 8 appointments or, if deemed appropriate by the Board of Examiners in the light of their age and education or employment record, on the rank-order register for class 7 appointments and they will be certified for appointment, in accordance with the needs of the Service in the order of their standing on their respective registers. Separate registers for the Department of State candidates will be maintained according to the optional portions of the examination. Successful candidates for the U.S. Information Agency will have their names placed on a separate rank order register and appointments will be made according to the needs of the Agency. Postponement of entrance on duty for required active military service, civilian Government service abroad, or Peace Corps volunteer service will be authorized. A candidate may be certified for appointment to class 7 or 8 without first having passed an examination in a foreign language but his appointment will be subject to the condition that he may not receive more than one promotion unless, within a specified period of time, he achieves adequate proficiency in a foreign language.

§ 11.6 Leave without pay appointments.

In certain specified cases, Leave Without Pay offers of appointment as Foreign Service Reserve officers may be made to candidates who have established their eligibility when such appointments will ensure that well qualified candidates will not be lost to the Service because they wish to continue advanced graduate studies that will improve their qualifications as future Foreign Service officers. When they become available for duty they will be given regular Foreign Service officer appointments.

§ 11.7 Termination of eligibility.

(a) Candidates who have qualified but have not been appointed because of lack of vacancies, will be dropped from the rank-order register 30 months after the date of the written examination: Provided, however, That reasonable time spent in civilian Government service abroad, including service as a Peace

Corps volunteer or in required active military service subsequent to establishing eligibility for appointment will not be counted in the 30-month period.

(b) The Chairman of the Board of Examiners may extend the eligibility period when such extension is in his judgment justified in the interests of the Service. He shall report to the Board of Examiners the extensions he has approved.

§ 11.8 Travel expenses of candidates.

The travel and other personal expenses of candidates incurred in connection with the written and oral examination will not be borne by the Government, except that the Department may issue roundtrip invitational travel orders to bring candidates to Washington at Government expense when it is determined that it is necessary in ascertaining a candidate's qualifications and adaptability for appointment.

§ 11.11 Lateral entry appointment of Foreign Service Officers to classes 1 through 6.

Appointments of Foreign Service officers under the provisions of section 517 of the Foreign Service Act of 1946, as amended, are governed by these regulations:

(a) Purpose of lateral entry appointment. (1) The lateral entry program is a means by which the intake of Foreign Service officers through the junior Foreign Service officer examination can be supplemented to meet total requirements for Foreign Service officers. Lateral entry appointments are made only to classes 1 through 6, ensuring retention of the career principle of entry primarily at classes 7 and 8 through competitive examination.

(2) The great majority of lateral entrants will be drawn from officers of the Department and the Foreign Service of proven ability who possess high potential for advancement, or similar personnel of other foreign affairs agencies who may be appointed based on agreements between the Department and those agencies.

(3) The need for additional lateral entrants in classes 1 through 6 is met by appointing applicants who are officers or former officers of other Federal Government agencies. Principally, these will be persons possessing skills and

abilities in short supply in the Foreign Service appointed to meet rapidly changing requirements. On a limited and highly selective basis, however, other persons may be appointed who have demonstrated outstanding qualities of leadership and who possess capabilities, insights, techniques, experiences, and differences of outlook which would serve to enrich and stimulate the Foreign Service and enable them to perform effectively in assignments both abroad and in the Department.

(b) Magnitude. (1) The Department places no numerical limitation on the lateral appointment of FSR, FSSO, and Civil Service officers already on its rolls who apply and are found qualified by the Board of Examiners.

(2) Subject to such agreements as may be entered into between the Department and other foreign affairs agencies and certification of need by such agencies, similar consideration is given to the lateral appointment of officers of those agencies.

(3) Lateral entry from other sources is limited and based on intake levels established in accordance with total Foreign Service officer manpower and functional requirements.

(c) Eligibility requirements. The religion, race, sex and political affiliations of a candidate will not be considered in designations, examinations, or certifications.

(1) Citizenship. Each applicant must have been a citizen of the United States for at least 10 years and, if married, shall be married to a citizen of the United States.

(2) Service. On the date of application, each applicant must have completed at least 3 years of service (4 years if under age 31) in a position of responsibility in a Federal Government agency or agencies. For this purpose, a position of responsibility is defined as a position in the Foreign Service Reserve at class 7, in the Foreign Service Staff Officer Corps at class 6, in the Departmental service at GS-9, and in the Armed Forces of the United States at the grade of First Lieutenant or Lieutenant Junior Grade, or higher. The duties and responsibilities of the position occupied by the applicant must have been similarly or closely related to that of a Foreign Service officer in terms of knowledge, skills, and abilities. To be eligible, an applicant must have been in or currently be in a grade

or class comparable to FSO-6, or be receiving a base salary at least equal to the first salary step of that class.

(3) Age. The Board of Examiners will establish periodically minimum and maximum age requirements based on the following criteria:

(i) On the date of application, each applicant shall be at least as old as the average of the youngest 5 percent of the Foreign Service officers in the class for which he is a candidate.

(ii) On the date of application, each applicant shall be no older than the minimum age established for each class in paragraph (a) (3) of this section plus 10 years. For Foreign Service officer, class 1, the Board of Examiners will not normally certify a candidate who is more than 55 years of age as he is expected to serve 5 years as a Foreign Service officer before reaching mandatory retirement age.

Each lateral entry application which does not meet these requirements will be reviewed by the Board to determine whether, in special individual cases, an exception might be recommended.

(d) Recruitment. (1) It is the Department's policy to encourage eligible personnel on its rolls to apply for lateral entry into the Foreign Service Officer Corps; including, in particular, the following categories:

(i) Foreign Service Reserve officers, who, in competition with Foreign Service officers, are either recommended for promotion or ranked in the upper percentage groups of their class;

(ii) Foreign Service Staff officers who are recommended for consideration for lateral entry by a Staff Officer Selection Board, whose performance has been consistently of a high caliber, and whose background, experience, and general qualifications indicate they can contribute to the Foreign Service Officer Corps and compete favorably with Foreign Service officers.

(iii) Civil Service officers in the Department and domestic Foreign Service Reserve officers who are serving in functions to which Foreign Service officers are normally assigned, who have superior records, and who can be expected to make substantial contributions to Foreign Service work and compete favorably with Foreign Service officers.

(2) The Department also considers highly qualified applicants from other

agencies of the Government and from outside the Federal Service who meet the statutory and other eligibility requirements. Appointments from these sources for the limited vacancies available are made on a competitive basis to fill specific Service needs after assuring that the vacancies cannot be filled by Foreign Service officers already in the Foreign Service Officer Corps.

(e) Method of application. Applicants for lateral entry must complete Standard Form 57, Application for Federal Employment, and Form DSP-34, Supplement to Standard Form 57, and forward them to the Board of Examiners for the Foreign Service, Department of State. The Board establishes a file for each applicant, placing therein all available documentation of value in evaluating the applicant's potential for appointment as a Foreign Service officer. The file is reviewed initially to determine if the applicant meets the statutory and other eligibility requirements and to assess his skills relative to the needs of the Service. The examination of candidates is based on the needs of the Service for specific skills and experience.

(f) Examination for lateral entry—(1) General. The filing of an application with the Board of Examiners for the Foreign Service does not in itself entitle an applicant to examination. The decision whether to proceed with an oral examination, as well as with a detailed background investigation, is made by the Board of Examiners after determining eligibility for appointment, medical qualifications and a thorough review of the applicant's qualifications. Each applicant's background, experience, performance, and other related documentation are carefully studied and evaluated. Due regard is given to the functional needs of the Service in making this assessment. An oral examination is granted only in those cases where the applicant is found to possess superior qualifications, proven ability, and, at the middle levels, high potential for advancement.

(2) Class of appointment. In determining the class at which candidates are considered for appointment within the established minimum and maximum age limits, the initial presumption is that the candidate is eligible for examination for the Foreign Service officer class which equates with his salary level at the time of examination. In evaluating qualifications, and in conducting oral examinations, panels carefully assess candidates to determine whether their total qualifications compare favorably with officers at their current class level. A successful candidate normally is considered for appointment to the Foreign Service Officer class equating to his salary. However, the Board of Examiners, at its discretion, may certify a candidate for appointment as a Foreign Service officer at a class lower than that equating to his salary in those instances where the Board determines that the candidate's qualifications clearly warrant such action. A candidate's total qualifications, as evaluated by the examining panels and the Board, will have an important bearing on the waiving of age requirements for a particular class or on the decision to certify a candidate for appointment at a class lower than that which equates to his current salary. Otherwise, age will be treated as an eligibility requirement.

(3) Application validity and termination. If an applicant is not called for examination within 2 years from the date of his application, or, if based on the qualifications review, it is decided not to proceed further with his candidacy, or if he is not certified as a successful candidate following examination, his candidacy will be terminated. He may, however, reapply after 12 months by submitting a new application.

(4) Purposes of examination. The purpose of the examination is to determine an applicant's competence to perform the function or functions for which he is being considered and his fitness for a Foreign Service career.

(5) Nature of examination-(i) Medical. A medical examination is required for the applicant and his dependents who will reside with him on tours abroad. Each applicant and his dependents shall meet the physical requirements for full Foreign Service duty. Normally, failure to meet the medical requirements will preclude appointment as a Foreign Service officer. In exceptional cases, the Director General may grant a waiver of the physical requirements in the interest of the Service.

(ii) Security. Each applicant shall have demonstrated his loyalty to the Government of the United States and his attachment to the principles of the Constitution. A background investigation shall be conducted or appropriate security clearance shall be assured.

(iii) Qualifications evaluation. An evaluation is made of the education, training, experience, and work performance of the applicant based on his application forms, records of performance, interviews, background investigative reports, and other available information. A record of successful performance overseas is not a lateral entry prerequisite, but is considered an additional favorable factor in evaluating an applicant.

(iv) Oral examination. (a) Candidates recommended for further consideration after completion of the qualifications review and evaluation are given oral examinations by a panel of Deputy Examiners appointed by the Board of Examiners from a roster of Foreign Service officers, Civil Service officers of the Department, officers of other Federal agencies, and from members of the public. The panel shall include at least one officer from the same professional specialty as that for which the applicant is being examined.

(b) The oral examination is given in Washington and at Foreign Service posts selected by the Board of Examiners, but normally not at the candidate's post of assignment.

(v) Final review and certification. The Board of Examiners considers all cases of candidates fully examined, determines whether they should be certified for appointment as Foreign Service officers and certifies successful candidates, specifying the appropriate class and salary for which they are found qualified.

PART 12-COMPLAINTS AGAINST EMPLOYEES BY ALLEGED CREDITORS

Sec.

12.1 No cognizance taken of complaint. 12.2 Claimants denied access to employees.

AUTHORITY: The provisions of this Part 12 issued under sec. 4, 63 Stat. 111, as amended; 22 U.S.C. 2658.

SOURCE: The provisions of this Part 12 appear at 22 F.R. 10789, Dec. 27, 1957, unless otherwise noted.

§ 12.1 No cognizance taken of complaint.

The Department of State will take no cognizance of a complaint against an employee by an alleged creditor, so far as the complainant is concerned, beyond acknowledging receipt of his communication.

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