§ 10.735-403

Information required.

(a) Employees. Employees' statement of employment and financial interests required by the regulations in this part for use by employees shall contain the following information:

(1) A list of the names of all corporations, companies, firms or other business enterprises, partnerships, nonprofit organizations and educational or other institutions (i) with which the employee is connected as an employee, officer, owner, director, member, trustee, partner, adviser or consultant; or (ii) in which the employee has any continuing financial interests, through a pension or retirement plan, shared income, or other arrangement as a result of any current or prior employment or business or professional association; or (iii) in which the employee has any financial interest through the ownership of stock, stock options, bonds, securities, or other arrangements including trusts. The employee's position in the organization and the nature of the financial interest should be stated. The amount of a financial interest need not be stated unless specifically requested by an agency.

(2) The names of all the employee's creditors other than persons to whom he may be indebted by reason of a mortgage on property which he occupies as a personal residence, or to whom he may be indebted for current and ordinary household and living expenses such as household furnishings, automobile, education, vacation, and similar expenses. The character of the indebtedness should be stated. The amount of the indebtedness need not be stated unless specifically requested by the agency.

(3) A list of the employee's interest in real property or rights in land, other than property which he occupies as a personal residence. The nature of the interest, the type of property and the address should be stated. The value of the property need not be stated unless specifically requested by the agency.

(4) If any information is to be supplied by other persons, the names and addresses of such persons, the date upon which the employee requested that the information be supplied, and the nature of subject matter involved.

(b) Special Government employees. All special Government employees shall

submit statements of employment and financial interests containing the following information:

(1) A list of all other Federal agencies in which the special Government employee is presently employed. The title of the position and the period of appointment should be stated.

(2) The names of all corporations, companies, firms, State or local governmental organizations, research organizations, and educational or other institutions in which the special Government employee is serving as employee, officer, member, owner, trustee, director, expert, adviser, or consultant, with or without compensation. The kind of organization, its location and the title or kind of position should be stated.

(3) State and USIA: The names of all corporations, companies, firms, or other business enterprises in which the special Government employee has any financial interest through the ownership of stock, stock options, bonds, securities or other arrangements including trusts which relate either directly or indirectly to his duties and responsibilities as a special Government employee. The kind of organization and the nature of the interest should be stated. The amount of a financial interest need not be stated unless specifically requested by an agency.

(4) AID: The names of all corporations, companies, firms or other business enterprises in which the special Government employee has any financial interest through the ownership of stock, stock options, bonds, securities, or other arrangements including trusts. The kind of organization and the nature of the interest should be stated. The amount of a financial interest need not be stated unless specifically requested by an agency.

(5) A statement as to whether the special Government employee has ever been an agent or otherwise acted for a foreign principal under the terms of the Foreign Agents Registration Act of 1938. If he has, the name of the foreign principal, whether the relationship was registered with the Department of Justice under the Act and the date of registration shall be stated.

(c) Interests of employees' relatives. The interest of a spouse, minor child, or other member of an employee's immediate household is considered to be an interest of the employee. The term "mem

ber of an employee's immediate household" 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) Information prohibited. The reglations 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.

§ 10.735-404 Submission of position description.

Each Statement of Employment and Financial Interests or annual supplement thereto which indicates that the employee has outside employment or financial interests must be accompanied by a full description of the employee's principal 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, a description of duties need not be submitted. For a special Government employee, the employing office shall submit the description.

§ 10.735-405 Supplementary state

ments.

(a) A statement of employment and financial interests of an employee or special Government employee is to be kept current as to changes or additions which might possibly be an element in a conflict of interest. All changes in, or additions to, the information contained

in a statement of employment and financial interests are to be reported in a supplementary statement at the end of the quarter in which the changes occur. Quarters end March 31, June 30, September 30, and December 31 of each year, in the absence of further notification. If there are no changes or additions in a quarter, a negative report is not required. However, for the purpose of annual review, a supplementary statement, negative or otherwise, is required as of June 30 of each year.

(b) An employee is to keep current his description of principal duties as to changes or additions which might possibly be an element in a conflict of interest. The employing office shall submit descriptions of changes in the principal duties of a special Government employee as they occur.

§ 10.735-406 Review of statements and determination as to conflicts of in

terest.

(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 Agency 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 Agency 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 Agency 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 Agency 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 em

PART 11-APPOINTMENT OF FOREIGN SERVICE OFFICERS

Sec.

11.1

11.2

11.3

11.4

11.5

11.6

11.7 11.11

Eligibility for appointment as Foreign
Service officer.

Written examination for appointment
to class 8.

Oral examination for appointment to class 8.

Physical examination for appointment to class 8.

Certification for appointment to class
8.

Termination of eligibility.
Travel expenses of candidates.

Lateral entry to classes above class 7. 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.

§ 11.1 Eligibility for appointment as Foreign Service Officer.

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 and political affiliations of a candidate will not be considered in designations, examinations or certifications. [Dept. Reg. 108.489, 28 F.R. 825, Jan. 29, 1963]

§ 11.2

Written examination for appointment to class 8.

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

(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 desig

nated for the examination who has not as of that closing date filed an application with the Board. Except as provided in paragraph (c) in this section, to be designated for the written examination a candidate, as of the first day of the month in which the closing date for the filing of applications occurs, shall have been a citizen of the United States for at least 9 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) Foreign Service staff employees and Civil Service employees of the Department of State who are 31 years of age or more may apply if they are under 35 years of age and will have completed not less than 3 years of satisfactory service as of the closing date for receipt of applications.

(d) 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) a test in a modern language (French, German, Russian, or Spanish).

(e) The several parts of the written examination, exclusive of the modern language test, will be weighted in accordance with the rules laid down by the Board of Examiners. The modern language test will be graded separately. [Dept. Reg. 108.476, 27 F.R. 469, Jan. 17, 1962, as amended by Dept. Reg. 108.477, 27 F.R. 1010, Feb. 3, 1962]

§ 11.3 Oral examination for appoint. ment to class 8.

(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) A candidate who receives a grade of 70 or above on the modern language

portion of the written examination will receive a bonus of 5 points to be added to the weighted average grade he receives on the first three parts of the written examination. If a candidate's weighted average grade on the first three parts of the written examination, with the addition of the aforementioned 5 bonus points (if he is entitled to them), 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. Time spent on Government duty outside the United States will not be counted.

(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. 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".

[Dept. Reg. 108.476, 27 F.R. 469, Jan. 17, 1962]

§ 11.4 Physical examination for appointment to class 8.

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

(b) The physical examination will be designed to determine the candidate's physical fitness to perform the duties

of a Foreign Service officer 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 physical examination will be conducted either by medical officers of the Armed Services, the Public Health Service, the Department, or 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 physical examination whether the candidate has met the standards set forth in paragraph (b) in this section.

[Dept. Reg. 108.476, 27 F.R. 469, Jan. 17, 1962] § 11.5 Certification for appointment to

class 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 25 years old and has a record of graduate training or employment 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 physical examinations, and 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.