(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, includ-

ing: the location of the foreign

mission(s) or activities, together with

any secondary locations involved; a de-

scription of the circumstances believed

to give rise to the extraordinary pro-

tective need, including, in the case of a

diplomatic visit, the name and title of

the visting foreign official or digni-

tary, the temporary domicile(s) of the

visiting offical or dignitary, and antici-

pated schedule in the United States;

(4) If from a state or local agency,

include a detailed estimate of the re-

sources required to provide protective

services commensurate with extraordi-

nary protective need (including ap-

proximate 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 inter-

national organization.

(b) In all cases involving requests for

assistance in providing extraordinary

protective services, except for as pro-

vided in § 2a.13, the Deputy Assistant

Secretary, in consultation with the

United States Mission where appropri-

ate, shall determine whether, for pur-

poses of these guidelines, assistance

may be considered for protective serv-

ices, and whether such assistance may

include direct deployment of Bureau

of Diplomatic Security personnel, con-

tract security assistance or reimburse-

ment to state and local authorities. An

analysis of security factors shall take

into account potential or actual vio-

lence or interruption of diplomatic ac-

tivities including, but not limited to

specific events or patterns or activity

involving-

(1) Confrontations between national-

ist or other groups,

(2) Threats or acts of violence by ter-
rorist or other groups,

(3) A specific diplomatic or interna-

tional occurrence,

to

(4) Demonstrations or efforts

impede the conduct of normal diplo-

matic activities,

(5) The impact of security efforts in

the United States upon security meas-

ures and safety of missions and per-

sonnel of the U.S. Government

abroad, or

(6) Other circumstances which pre-

vent proper conduct of foreign mission

activities.

Security analysis under these guide-

lines may be coordinated, within the

Department of State, with the Direc-

tor of the Office of Foreign Missions,

the Director of the Office of Counter-

terrorism and Emergency Planning,

and the Director of Bureau of Intelli-

gence and Research.

§ 2a.9 Provision of protective services in

cases of extraordinary protective need.

In cases determined under these

guidelines to constitute an extraordi-

nary protective need:

(a) The Deputy Assistant Secretary

shall determine whether security per-

sonnel 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 author-

ity to request the assistance of other

Federal law enforcement authorities

in the provision of protective services;

(c) If Federal law enforcement au-

thorities are unable to provide assist-

ance as requested, the Deputy Assist-

ant Secretary or the designated repre-

sentative of a United States Mission,

in cases involving the metropolitan

area of that mission or facilities relat-

ed to United Nations missions, are au-

thorized:

(1) To request state and local law en-

forcement authorities to provide the

necessary protective services, or

(2) To obtain such services by con-

tract with protective security organiza-

tions, in accordance with procedures
issued by and subject to the approval
of the Deputy Assistant Secretary.