(d) "Protective service" means law enforcement and security measures employed to assure proper functioning of diplomatic activities and to prevent injury or harm to personnel or facilities of foreign missions.

(e) "Extraordinary protective need” means the existence of a threat of violence, or other circumstance, as determined by the Deputy Assistant Secretary which requires extraordinary security measures which significantly exceed those which law enforcement authorities can reasonably be expected to take.

(f) "Extraordinary protective services" means protective services provided or authorized in cases determined under these guidelines to constitute an extraordinary protective need.

a

(g) "Metropolitan area" means city, county, or other political subdivision of a State, and those areas related thereto determined by the Deputy Assistant Secretary to constitute a single protective area for purposes of these regulations.

(h) "State" means a state of the United States, the District of Columbia, Puerto Rico, Guam and all territories under the jurisdiction of the United States.

(i) "United States Mission" means the official US government mission to a public international organization, such as the United States Mission to the United Nations ("USUN”).

(j) Determinations with respect to the meaning and applicability of terms used in the Foreign Missions Act and under these regulations are committed to the discretion of the Secretary of State.

§ 2a.3 Bureau of Diplomatic Security pro

grams.

(a) The Bureau of Diplomatic Security will be responsible, in coordination with United States Missions as appropriate, for implementing through its constituent field offices upon request and subject to availability of resources, foreign mission security programs including, but not limited to:

(1) Assessment of available Federal, state and local protective resources for a particular jurisdiction, taking into account the number of foreign mis

sions and circumstances specific to each jurisdiction;

(2) Assistance in planning and coordinating the provision of protective security; and

(3) Regulatory functions otherwise required by these guidelines.

(b) The Protective Liaison Division (DS/PT/PL) will be the office responsible for the overall coordination of this program. Information of a potential threat to a foreign diplomatic establishment or personnel will be received and evaluated for purposes of these guidelines from:

(1) U.S. intelligence or law enforcement agencies;

(2) State or local law enforcement agencies;

(3) Bureau of Diplomatic Security Field Office, Threat Analysis Division and Regional Security Offices;

(4) Department of State country desk offices and other appropriate regional offices, United States Missions, the Office for Counter-terrorism and Emergency Planning, the Office of Foreign Missions, and the Bureau of Intelligence and Research;

(5) Foreign diplomatic establishments;

(c) DS/PT/PL will evaluate this information in concert with the Threat Analysis Division and recommend to the Deputy Assistant Secretary the appropriate level of protective coverage required, to be reviewed daily or as required.

(d) Bureau of Diplomatic Security Field Offices, together with the appropriate United States Mission, will be responsible for the foreign diplomatic establishments in their area of jurisdiction. The Field Offices will institute necessary procedures and practices in regard to the protection of foreign missions and officials. Each Field Office will designate an agent as Security Coordinator who will be responsible for primary coordination with DS/ PT/PL, the Consular community, local law enforcement and private security firms.

§ 2a.4 Coordination with law enforcement and intelligence agencies.

(a) In order to coordinate and allocate their respective agency resources,

the Deputy Assistant Secretary shall consult regularly with Federal law enforcement and intelligence agencies, including the Federal Bureau of Inves tigation and the United States Secret Service, concerning assistance programs under these guidelines. Nothing in these guidelines shall preclude or limit the authority of the United States Secret Service to provide protective services pursuant to 3 U.S.C. 202 or 18 U.S.C. 3056 at a level commensurate with protective requirements as determined by the Secret Service.

(b) The Deputy Assistant Secretary shall consult and coordinate with state and local law enforcement agencies with respect to such matters as planning for foreign mission protection, communications coordination, and Federal assistance under this part.

§ 2a.5 Diplomatic reciprocity.

(a) The Deputy Assistant Secretary shall coordinate any request by a foreign mission or by a state or local government for assistance under these guidelines for the provision of protective services with the Director of the Office of Foreign Missions of the Department of State. OFM shall review the treatment accorded United States missions abroad, and make recommendations with respect to the impact of any such services provided under these guidelines on reciprocity and national security interests of the United States. (b) No act or omission by any governmental authority under these guidelines shall be construed either as limited or as establishing in any way the entitlement of any person, property, premises, or mission to any privileges or immunities otherwise granted or denied under applicable law.

§ 2a.6 Location of foreign missions.

(a) The Deputy Assistant Secretary shall review with the Director of the Office of Foreign Missions all existing and proposed locations of foreign missions, including, but not limited to any notification under the Foreign Missions Act to the Director by a foreign mission of a proposed acquisition, modification or use of real property. In coordination with a United States mission to an international organiza

tion, as appropriate, and with local authorities in all cases, this review shall cover security factors related to such locations, such as the availability of local resources with respect to particular locations, and whether such location might preclude adequate protection, or could result in excessive requests for assistance in providing protective services under these guidelines.

(b) The Deputy Assistant Secretary shall in appropriate cases recommend to the Director of the Office of Foreign Missions that a proposed acquisition or existing use by a foreign mission be dispproved, or conditions be attached thereto under authority of the Foreign Missions Act (22 U.S.C. 4304 and 4305) to facilitate the rendering of appropriate protection.

§ 2a.7 Provision of protective services generally.

State and local governments of the United States have as a part of their normal law enforcement functions the responsiblity to provide security to persons or property within their jurisdictions, to include foreign missions. Federal assistance intended to supplement state and local protective services shall be in accordance with these guidelines or otherwise as authorized by law.

§ 2a.8 Requests from State and local governments for protective assistance.

(a) In cases where a State or local authority or foreign mission believes that an extraordinary protective need exists, it may request assistance from the Department of State in providing protective services. The Bureau of Diplomatic Security may request that protective services be provided. Requests shall be made to the Deputy Assistant Secretary (Diplomatic Security), Department of State, Washington, DC 20520 directly or through designated Bureau of Diplomatic Security Field Offices, or through a United States Mission if appropriate. A request under this paragraph, except as provided in § 2a.12 of these guidelines shall:

(1) Be preceded by consultation between State or local authorities and the appropriate Bureau of Diplomatic

Security Field Office, as well as the United States Mission, as appropriate;

(2) If related to a scheduled event or visit, be submitted in advance of the anticipated extraordinary protective need;

(3) Contain sufficient detail to allow the Deputy Assistant Secretary to make an informed determination of extraordinary protective need, including: the location of the foreign mission(s) or activities, together with any secondary locations involved; a description of the circumstances believed to give rise to the extraordinary protective need, including, in the case of a diplomatic visit, the name and title of the visting foreign official or dignitary, the temporary domicile(s) of the visiting offical or dignitary, and anticipated schedule in the United States;

(4) If from a state or local agency, include a detailed estimate of the resources required to provide protective services commensurate with extraordinary protective need (including approximate number of personnel by grade or rank, service, equipment and facilities), and an estimate of the cost of such resources; and

(5) Be accompanied by a security review by the appropriate Bureau of Diplomatic Security Field Office or by the United States Mission to an international organization.

(b) In all cases involving requests for assistance in providing extraordinary protective services, except for as provided in § 2a.13, the Deputy Assistant Secretary, in consultation with the United States Mission where appropriate, shall determine whether, for purposes of these guidelines, assistance may be considered for protective services, and whether such assistance may include direct deployment of Bureau of Diplomatic Security personnel, contract security assistance or reimbursement to state and local authorities. An analysis of security factors shall take into account potential or actual violence or interruption of diplomatic activities including, but not limited to specific events or patterns or activity involving

(1) Confrontations between nationalist or other groups,

(2) Threats or acts of violence by terrorist or other groups,

(3) A specific diplomatic or international occurrence,

(4) Demonstrations or efforts to impede the conduct of normal diplomatic activities,

(5) The impact of security efforts in the United States upon security measures and safety of missions and personnel of the U.S. Government abroad, or

(6) Other circumstances which prevent proper conduct of foreign mission activities.

Security analysis under these guidelines may be coordinated, within the Department of State, with the Director of the Office of Foreign Missions, the Director of the Office of Counterterrorism and Emergency Planning, and the Director of Bureau of Intelligence and Research.

§ 2a.9 Provision of protective services in cases of extraordinary protective need. In cases determined under these guidelines to constitute an extraordinary protective need:

(a) The Deputy Assistant Secretary shall determine whether security personnel of the Department of State may be deployed;

(b) If this is not feasible, the Deputy Assistant Secretary, through the Bureau of Diplomatic Security Field Offices, or a United States Mission, as appropriate has the delegated authority to request the assistance of other Federal law enforcement authorities in the provision of protective services;

(c) If Federal law enforcement authorities are unable to provide assistance as requested, the Deputy Assistant Secretary or the designated representative of a United States Mission, in cases involving the metropolitan area of that mission or facilities related to United Nations missions, are authorized:

(1) To request state and local law enforcement authorities to provide the necessary protective services, or

(2) To obtain such services by contract with protective security organizations, in accordance with procedures issued by and subject to the approval of the Deputy Assistant Secretary.

§ 2a.10 Reimbursement for protective services provided by State or local authorities.

(a) The Deputy Assistant Secretary, in accordance with procedures set forth in these guidelines may, to the extent funds are available therefor, authorize reimbursement for reasonable direct expenses specifically incurred for the provision of extraordinary protective services incurred by State or local authorities under this section.

(b) No payment or reimbursement shall be directed to be paid by the Deputy Assistant Secretary pursuant to this section unless the specific type or scope of protective service has been requested in accordance with these guidelines; services may be provided under an interim cost estimate subject to such conditions as may be required by the Deputy Assistant Secretary for post-performance cost determinations. (c) No payment or reimbursement shall be directed to be paid by the Deputy Assistant Secretary for that portion of protective services which are routine and were or could otherwise have been made available under the protective service standard of the jurisdiction.

(d) Direct overhead and administrative costs associated with an extraordinary protective service may be reimbursable on the basis of pre-performance negotiated rates, or interim rates subject to audit and redetermination by the Deputy Assistant Secretary.

(e) The provider of service or government agency to whom reimbursement is provided shall retain all documents and reimbursement or payment, for inspection or audit by representatives of the Department of State or of the Comptroller General.

82a.11 Special rules for reimbursement.

Limited funds are made available to the Department of State for partial reimbursement to state or local government under two statutory programs, each of which contains separate criteria:

(a) Foreign Missions, generally-Assistance for extraordinary protective services may be provided by reimbursement, subject to the following limitations set forth in the Foreign

Relations Authorization Act of 1985 (Pub. L. 99-93) as amended:

Any agreement with a State or local authority for the provision of protective services under this section shall be for a period of not to exceed ninety days in any calendar year, but such agreements may be renewed after review by the Deputy Assistant Secretary.

Of the funds made available for obligation under this section in any fiscal year

(1) not more than 20 percent may be obligated for protective services within any single State during that year except as otherwise provided by law; and

(2) not less than 15 percent, except as otherwise provided by law, shall be retained as a reserve for protective services provided directly by the Deputy Assistant Secretary or for expenditures in local jurisdictions not otherwise covered by an agreement for protective services under this section.

The limitations on funds available for obligation in this subsection shall not apply to unobligated funds during the final quarter of any fiscal year.

(b) Missions to International Organizations-Assistance. Extraordinary protective services related to certain international organizations, such as the United Nations, may be provided by reimbursement under title 3 of the U.S. Code, sections 202, 208.

(c) Reimbursements thereunder are subject to the following limitations (Note: Funds available under paragraph (a) of this section may be used for missions qualifying under this subsection):

(1) The foreign missions to which the protective services are provided must be located in a metropolitan area (other than the District of Columbia) where there are located twenty or more such missions headed by fulltime officers;

(2) The effected metropolitan area must request such reimbursement; and

(3) The extraordinary protective need must arise in association with a visit to or occur at a permanent mission to an international organization of which the United States is a member or an observer mission invited to participate in the work of such an organization.

§ 2a.12 Extraordinary protective services in cases of urgency.

In cases of urgency, notwithstanding the requirements of §§ 2a.8 through 2a.10 of these guidelines (but within applicable

statutory limitations), Bureau of Diplomatic Security Field Offices and United States Missions, under guidelines issued by the Deputy Assistant Secretary with the concurrence of the Procurement Executive, including, as appropriate, limited field delegations of authority, may in cases of urgency approve the provision of extraordinary protective services in accordance with general cost guidelines, if any, applicable to the particular jurisdiction, or subject to post-performance cost agreement. Provision of extraordinary protective services under this section shall require a review of continuing need and shall not exceed thirty (30) days after initiation thereof.

§ 2a.13 Protective security contract services.

(a) In cases where the Deputy Assistant Secretary determines that extraordinary security services may not be appropriately implemented because of Federal, state or local law enforcement resource limitations or other restrictions, necessary protective services may be obtained by contract with private security firms or providers of such services. In carrying out the purposes of this section, the Deputy Assistant Secretary is authorized to proceed to utilize the procurement authorities conferred upon the Secretary by section 208(d) of the Foreign Missions Act, in addition to such authority for obtaining contract services as may be available to the Department of State.

(b) The need for contract security services should be considered in cases where an extraordinary protective need arises in more than one jurisdiction, under circumstances where, for a particular mission the provision of protective services may be adversely affected because of state or local jurisdictional limitations.

(c) The Department Procurement Executive shall provide, for purposes of this section, a pre-qualification procedure, including appropriate pre

award security clearance requirements for firms or security provider interested in pre-qualification. Awards for services under this section may be limited to pre-qualification bidders for reasons of time of performance, or otherwise as authorized by section 208(d) of the Foreign Missions Act.

§ 2a.14 Foreign Missions Act determination.

Promulgation of these guidelines, and the issuance of supplementary guidelines under § 2a.15 and implementing instructions where required, are determined hereby to constitute regulations or instructions pursuant to section 208(b) of the Foreign Missions Act (22 U.S.C. 4308(b)), and persons acting in compliance therewith are entitled to assert that section in accordance with its term. This § 2a.14 shall be applicable, but shall not be limited to, authorized acts or omissions of law enforcement and security personnel in jurisdictions outside those in which they are otherwise authorized to perform official functions, subject to Federal law enforcement standards applicable to such acts or omissions, or in the absence of such standards, to the standards otherwise applicable in the jurisdictions involved.

§ 2a.15 Supplementary guidelines; State and local agreements.

(a) The Deputy Assistant Secretary may from time to time issue, or authorize the issuance by designated Bureau of Diplomatic Security Field Offices or United States Missions, supplementary guidelines implementing these guidelines and applicable to particular jurisdictions or to particular categories of protective security within such jurisdictions.

(b) The Deputy Assistant Secretary may enter into agreements with state and local authorities for the provision of protective services under these guidelines. Any such agreement shall be for a period of not to exceed ninety days in any calendar year, but may be renewed after review by the Deputy Assistant Secretary.