services provided by State or local au- (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 reasona- ble direct expenses specifically in- curred for the provision of extraordi- nary protective services incurred by State or local authorities under this (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 other- wise have been made available under the protective service standard of the (d) Direct overhead and administra- tive costs associated with an extraordi- nary protective service may be reim- bursable on the basis of pre-perform- ance negotiated rates, or interim rates subject to audit and redetermination by the Deputy Assistant Secretary. (e) The provider of service or gov- ernment agency to whom reimburse- ment is provided shall retain all docu- ments and reimbursement or payment, for inspection or audit by representa- tives of the Department of State or of § 28.11 Special rules for reimbursement. Limited funds are made available to the Department of State for partial re- imbursement to state or local govern- ment under two statutory programs, each of which contains separate crite- (a) Foreign Missions, generally-As- sistance for extraordinary protective services may be provided by reim- Relations Authorization Act of 1985 Any agreement with a State or local au- thority for the provision of protective serv- ices 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 Secre- Of the funds made available for obligation under this section in any fiscal year- (1) not more than 20 percent may be obli- gated for protective services within any single State during that year except as oth- (2) not less than 15 percent, except as oth- erwise provided by law, shall be retained as a reserve for protective services provided di- rectly by the Deputy Assistant Secretary or otherwise covered by an agreement for pro- tective services under this section. The limitations on funds available for ob- ligation in this subsection shall not apply to unobligated funds during the final quarter (b) Missions to International Organi- zations-Assistance. Extraordinary protective services related to certain international organizations, such as the United Nations, may be provided by reimbursement under title 3 of the (c) Reimbursements thereunder are subject to the following limitations (Note: Funds available under para- graph (a) of this section may be used for missions qualifying under this sub- (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 full- (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 mis- sion to an international organization of which the United States is a member or an observer mission invited Sec. SUBCHAPTER A-GENERAL PART 1-INSIGNIA OF RANK 1.1 Office of the Secretary of State. 1.2 Office of the Deputy Secretary of State. 1.3 Office of the Under Secretaries of State. AUTHORITY: Sec. 4, 63 Stat. 111, as amended; 22 U.S.C. 2658. § 1.1 Office of the Secretary of State. The official flag indicative of the office of Secretary of State shall be as follows: On a blue rectangular field a white disk bearing the official coat of arms of the United States adopted by the act of June 20, 1782, in proper colors. In each of the four corners a white five-pointed star with one point upward. The colors and automobile flag to be the same design, adding a white fringe. For the colors a cord and tassel of blue and white to be added. The sizes to be in accordance with military and naval customs. [22 FR 10788, Dec. 27, 1957] § 1.2 Office of the Deputy Secretary of State. The official flag indicative of the office of the Deputy Secretary of State shall be as follows: On a white rectangular field a blue disk bearing the official coat of arms of the United States adopted by act of June 20, 1782, in proper colors. In each of the four corners a five-pointed star with one point upward. The colors and automobile flag to be the same design, adding a blue fringe. For the colors a cord and tassel of white in accordance with military and naval customs. [38 FR 30258, Nov. 2, 1973] §1.3 Office of the Under Secretaries of State. The official flag indicative of the office of the Under Secretaries of State shall be as follows: On a red rectangular field a white disk bearing the official coat of arms of the United States adopted by act of June 20, 1782, in proper colors. In each of the four corners a white five-pointed star with 2.3 Notification of foreign officials. 2.4 Designation of official guests. 2.5 Records. § 2.1 Designation of personnel to carry firearms and exercise appropriate power of arrest. (a) The Deputy Assistant Secretary of State for Security is authorized to designate certain employees of the Department of State and the Foreign Service, as well as employees of other departments and agencies detailed to and under the supervision and control of the Department of State, as Security Officers, as follows. (1) Persons so designated shall be authorized to carry firearms when engaged in the performance of the duties prescribed in section (1) of the act of June 28, 1955, 69 Stat. 188, as amended. No person shall be so designated unless he has either qualified in the use of firearms in accordance with standards established by the Deputy Assistant Secretary of State for Security, or in accordance with standards established by the department or agency from which he is detailed. (2) Persons so designated shall also be authorized, when engaged in the performance of duties prescribed in section (1) of the act of June 28, 1955, 69 Stat. 188, as amended, to arrest without warrant and deliver into custody any person violating the provisions of section 111 or 112 of Title 18, United States Code, in their presence or if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony. (b) When the Under Secretary of State for Management determines that it is necessary, persons designated under paragraph (a) of this section shall be authorized to provide protection to an individual who has been designated by the President to serve as Secretary of State, prior to his appointment, or to a departing Secretary of State. In providing such protection, they are authorized to exercise the authorities described in paragraphs (a) (1) and (2) of section. Such protection shall be for the period or periods determined necessary by the Under Secretary of State for Management, except that in the case of a departing Secretary of State, the period of protection under this paragraph shall in no event exceed 30 calendar days from the date of termination of that individual's incumbency as Secretary of State. (c) When the Under Secretary of State for Management determines that it is necessary, persons designated under paragraph (a) of this section shall be authorized to provide protection to a departing United States Representative to the United Nations. In providing such protection, they are authorized to exercise the authorities described in paragraphs (a) (1) and (2) of this section. Such protection shall be for the period or periods determined necessary by the Under Secretary of State for Management, except that the period of protection under this paragraph shall in no event exceed 30 calendar days from the date of termination of that individual's incumbency as United States Representative to the United Nations. (Sec. 4, 63 Stat. 111, as amended, sec. 1, 69 Stat. 188; 22 U.S.C. 2658, 2666) [29 FR 15571, Nov. 20, 1964, as amended at 47 FR 30480, July 14, 1982; 50 FR 14379, Apr. 12, 1985] § 2.2 Purpose. Section 1116(b)(2) of Title 18 of the United States Code, as added by Pub. L. 92-539, An Act for the Protection of Foreign Officials and Official Guests of the United States (86 Stat. 1071), defines the term "foreign official" for purposes of that Act as “any person of a foreign nationality who is duly notified to the United States as an officer or employee of a foreign government or international organization, and who is in the United States on official business, and any member of his family whose presence in the United States is in connection with the presence of such officer or employee." Section 1116(c)(4) of the same Act defines the term "official guest" for the purposes of that Act as “a citizen or national of a foreign country present in the United States as an official guest of the Government of the United States pursuant to designation as such by the Secretary of State." It is the purpose of this regulation to specify the officer of the Department of State who shall be responsible for receiving notification of foreign officials under the Act and determining whether persons are "duly notified" to the United States and who shall be responsible for processing official guest designations by the Secretary of State. (18 U.S.C. 1116(b)(2), 1116(c)(4); sec. 4 of the Act of May 26, 1949, as amended (22 U.S.C. 2658)) [37 FR 24817, Nov. 22, 1972] § 2.3 Notification of foreign officials. (a) Any notification of a foreign official for purposes of section 1116(b)(2) of Title 18 of the United States Code shall be directed by the foreign government or international organization concerned to the Chief of Protocol, Department of State, Washington, D.C. 20520. For persons normally accredited to the United States in diplomatic or consular capacities and also for persons normally accredited to the United Nations and other international organizations and in turn notified to the Department of State, the procedure for placing a person in the statutory category of being "duly notified to the United States" shall be the current procedure for accreditation, with notification in turn when applicable. The Chief of the Office of Protocol will place on the roster of persons "duly notified to the United States" the names of all persons currently accredited and, when applicable, notified in turn, and will maintain the roster as part of the official files of the Department of State adding to and deleting therefrom as changes in accreditations occur. (b) For those persons not normally accredited, the Chief of Protocol shall determine upon receipt of notification, by letter from the foreign government or international organization concerned, whether any person who is the subject of such a notification has been duly notified under the Act. Any inquiries by law enforcement officers or other persons as to whether a person has been duly notified shall be directed to the Chief of Protocol. The determination of the Chief of Protocol that a person has been duly notified is final. (18 U.S.C. 1116(b)(2), 1116(c)(4); sec. 4 of the Act of May 26, 1949, as amended (22 U.S.C. 2658)) [37 FR 24818, Nov. 22, 1972] § 2.4 Designation of official guests. The Chief of Protocol shall also maintain a roster of persons designated by the Secretary of State as official guests. Any inquiries by law enforcement officers or other persons as to whether a person has been so designated shall be directed to the Chief of Protocol. The designation of a person as an official guest is final. Pursuant to section 2658 of Title 22 of the U.S.C., the authority of the Secretary of State to perform the function of designation of official guests is hereby delegated to the Chief of Protocol. (22 U.S.C. 2658) [45 FR 55716, Aug. 21, 1980] § 2.5 Records. The Chief of Protocol shall maintain as a part of the official files of the Department of State a cumulative roster of all persons who have been duly notified as foreign officials or designated as official guests under this part. The roster will reflect the name, position, nationality, and foreign government or international organization concerned or purpose of visit as an official guest and reflect the date the person was accorded recognition as being "duly notified to the United States" or designated as an official guest and the date, if any, of termination of such status. (18 U.S.C. 1116(b)(2), 1116(c)(4); sec. 4 of the Act of May 26, 1949, as amended (22 U.S.C. 2658)) [37 FR 24818, Nov. 22, 1972] PART 2a-DEPARTMENT OF STATE GUIDELINES ON PROTECTION OF FOREIGN MISSIONS Sec. 2a.1 Purpose. 2a.2 Definitions. 2a.3 Bureau of Diplomatic Security programs. 2a.4 Coordination with law enforcement and intelligence agencies. 2a.5 Diplomatic reciprocity. 2a.6 Location of foreign missions. 2a.7 Provision of protective services generally. 2a.8 Requests from State and local governments for protective assistance. 2a.9 Provision of protective services in cases of extraordinary protective need. 2a.10 Reimbursement for protective services provided by State or local authorities. 2a.11 Special rules for reimbursement. 2a.12 Extraordinary protective services in cases of urgency. 2a.13 Protective security contract services. 2a.14 Foreign Missions Act determination. 2a.15 Supplementary guidelines; State and local agreements. 2a.16 Implementation date; retroactive ap plication. 2a.17 Contact for information. AUTHORITY: Title II, State Department Basic Authorities Act of 1956, added by the Foreign Missions Act of 1982 (Pub. L. 97241, 96 Stat. 273, 282), 22 U.S.C. 4301-4313; the Foreign Relations Authorization Act of 1985 (Pub. L. 99-93, 99 Stat. 417), 22 U.S.C. 4314; the Foreign Missions Amendments Act of 1983 (Pub. L. 98-164, 97 Stat. 1017, 1044), Title III, U.S.C. secs. 202 and 208, as amended (Pub. L. 97-418, 96 Stat. 2089); Executive Order No. 12478, effective October 1, 1984; and sec. 4, 63 Stat. 111, as amended (22 U.S.C. 2658). SOURCE: 52 FR 12155, Apr. 15, 1987, unless otherwise noted. § 2a.1 Purpose. (a) The purpose of these guidelines is to establish a program administered by the Bureau of Diplomatic Security of the Department of State, under which the Department can review and promote coordination between Federal, state and local security authorities in the protection of foreign missions in the United States, and can assist in the provision of protective services for such missions. State and local governments of the United States will continue to have the primary responsibility for law enforcement within their respective jurisdictions. This program does not establish any legal entitlement to assistance either for a foreign mission or for any State or local government or authority. The Bureau of Diplomatic Security will maximize available Federal assistance through coordination of programs and through limited Federal financial assistance by contract or reimbursement for certain protective services in cases of extraordinary protective need, to the extent funds are available therefore. (b) This program will assist the United States to carry out its international obligations relating to the protection of foreign diplomatic and consular and international organization personnel and premises in the United States under the Vienna Convention on Diplomatic Relations (23 UST 3227, TIAS 7502), the Vienna Convention on Consulor Relations (21 UST 77, TIAS 6820), the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents (28 UST 1975, TIAS 8532), the Convention to Prevent and Punish Acts of Terrorism (27 UST 3949, TIAS 8413), international agreements relating to organizations such as the United Nations Headquarters Agreement (61 Stat. 3416, TIAS 1899 (Pub. L. 80-357), and other applicable multilateral and bilateral agreements and provisions of international law. (c) The program will include the following (1) Foreign Missions, generally-Extraordinary protective services may be provided directly through the Department of State, or by reimbursement for services to state and local governments or contract; (2) Missions to International Organizations-Extraordinary protective services may be provided by reimbursement to State or local officials, to missions to certain international organizations, such as the United Nations, under title 3 of the U.S. Code, 202 and 208. (d) The provisions of these guidelines may be applied to protective assistance under both paragraphs (a) and (b) of this section unless otherwise stated therein or separate standards or criteria are required by applicable law. Supplementary guidelines may be issued by the Department of State from time to time in order to implement these guidelines in particular jurisdictions. This part is authorized by the Foreign Missions Act of 1982 (Pub. L. 97-241, 96 Stat. 273, 282), the Foreign Missions Amendments Act of 1983 (Pub. L. 98-164), title 3, secs. 202 and 208 of the U.S. Code, and Executive Order No. 12478. For purposes of these guidelines (a) "Assistant Secretary" means the Assistant Secretary of State for Diplomatic Security. (b) "Deputy Assistant Secretary" means the Deputy Assistant Secretary of State for the Diplomatic Security Service; any authority granted the Deputy Assistant Secretary under these regulations may be exercised by the Assistant Secretary as appropriate. (c) "Foreign mission" or "foreign diplomatic mission" means; (1) Any mission in the United States involving diplomatic, consular, or other governmental activities of a foreign government or an organization representing a territory or political entity which has been granted diplomatic or other official privileges and immunities under the laws of the United States, or (2) Any public international organization designated as such pursuant to the International Organizations Immunities Act (22 U.S.C. 288-288f) or a public international organizational agreement as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs; or (3) An official mission to a public international organization, including any real property and personnel of such a mission or public international organization. |