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be allowed subject to the conditions specified below:

(a) Periodic in-class promotion. The salary of a staff officer or employee who is paid on a per annum basis and whose salary is not at the highest rate in his class shall be increased to the next higher rate within his class at the beginning of the pay period following completion of 12 months of service since the date of appointment to the class or since the date of the last salary increase, provided he has a current efficiency rating of "Good" or better. The adjustments in salary rates made under authority of section 1105 of the Foreign Service Act of 1946 (60 Stat. 1034) or under the authority of the Federal Employees Pay Act of 1946 (60 Stat. 216) shall not be considered salary increases for the purposes of this section.

(b) Procedure in effecting in-class promotion. The Department will prepare a copy of Form FS-349 on each officer or employee at the time he becomes eligible for an in-class promotion and submit it to the principal officer before the effective date of such promotion. The promotion will be made on the effective date indicated on Form FS-349 if the services of the officer or employee meet the standards required for the efficient conduct of the work of the Foreign Service. If, in the opinion of the principal officer, the services of the officer or employee do not meet the established standards, he will return Form FS-349, with an appropriate explanation, to the Department.

(c) Promotion of persons appointed after previous Governmental service. Notwithstanding the provisions of paragraph (a) of this section, a person appointed as a staff officer or employee who was formerly employed in the Foreign Service or any other Government agency at a salary above the minimum rate provided for the class to which he is appointed, may immediately be promoted to any salary rate above the minimum but not in excess of the rate nearest the salary rate which he was receiving in his previous position in another Government agency or in the Foreign Service.

(Sec. 642, 60 Stat. 1034) [Foreign Service Reg. S-28, Feb. 14, 1947, effective Nov. 13, 1946, 12 F.R. 11651

§ 102.674 Credit for military service and Merchant Marine service toward class and in-class promotions. A staff

officer or employee who has left his position to enter the armed forces or the Merchant Marine, and who has returned to his position after a separation under honorable conditions from active duty in the armed forces or satisfactory service in the Merchant Marine shall receive credit for such service toward in-class promotions and promotions from class to class. (60 Stat. 1034) [Foreign Service Reg. S-28, Feb. 14, 1947, effective Nov. 13, 1946, 12 F.R. 1165]

RESTRICTIONS ON PERSONAL ACTIVITIES [ADDED]

SOURCE: $ 102.800 to 102.822, inclusive, contained in Foreign Service Regulation S-24, Deputy Assistant Secretary for Administration, Feb. 5, 1947, effective Nov. 13, 1946, 12 F.R. 917, except as noted following provisions affected.

§ 102.800 Restrictions on speeches and interviews. (a) Officers and employees of the Foreign Service assigned to Foreign Service posts may make public speeches and hold newspaper interviews if they observe security regulations and if the chief of mission or principal officer approves. Officers and employees of the Foreign Service who are not assigned to Foreign Service posts shall observe regulations on speeches and newspaper interviews applicable to officers and employees of the Department.

(b) Officers of the Foreign Service shall not allude in public speeches or newspaper interviews to disputes between governments, to active political issues in the United States or elsewhere, or to any matters pending in any Foreign Service establishment, except by the direction or with the authorization of the Department.

(c) Copies or résumés of all speeches and addresses and résumés of all newspaper interviews shall be furnished the Department. [Foreign Service Reg. S-30, June 9, 1947, effective June 13, 1947, 12 F.R. 3858]

§ 102.802 Restrictions on official and private correspondence. (a) Officers and employees of the Foreign Service shall not correspond with anyone other than the proper officers of the United States in regard to the public affairs of a foreign government, active political issues in the United States, or confidential matters pending in Foreign Service establishments or the Department of State, unless specific authorization to do so has first been received from the Secretary of

State. Correspondence on such matters with officers of Government agencies in Washington, other than the Department of State, should be forwarded to the Department for clearance and transmission to the interested agency. Inquiries concerning any of the above-mentioned subjects from persons who are not officers of the United States should be acknowledged and the inquirers referred to the Department.

(b) Officers and employees should refrain from corresponding privately on personnel and other official matters with officers in the Department unless the subject of the correspondence has already been made a matter of record in official correspondence and the circumstances are such that further informal comments and suggestions are justified. Private communications on official matters shall never be referred to in subsequent official communications. However, such private communications are semi-official and accordingly copies shall be placed in the confidential or other files of the Foreign Service office. Private correspondence on personnel matters, when necessary, shall be addressed to the Director General of the Foreign Service or to the Chief of the Division of Foreign Service Personnel. If private correspondence on personnel matters involves persons other than the writer, copies of such correspondence shall be placed in the confidential or other files of the Foreign Service office.

§ 102.803 Restrictions on writing for publication. Officers and employees of the Foreign Service shall not act as correspondents for American or foreign newspapers, press syndicates, or associations, unless special authorization has been obtained in advance from the Secretary in each case. Officers and employees shall not write for publication any article or other manuscripts on political or controversial subjects. Articles or manuscripts on non-political or non-controversial subjects shall be submitted to the Committee on Unofficial Publication of the Department of State for review and approval prior to their submission to a publisher. However, when, in the opinion of the principal officer at a post, immediate publication of an article is desirable for local reasons, such officer may authorize the publication of a clearly non-political and noncontroversial manuscript. Copies such manuscripts shall be forwarded to

of

the Department immediately under cover of a despatch.

§ 102.804 Restrictions on political activities abroad. Officers and employees of the Foreign Service shall not engage in any form of political activity in the country to which they are accredited or assigned.

§ 102.806 Restrictions on participation in activities of private organizations. (a) For the purpose of this section, the term "private organization” shall denote any group of persons associated for any purpose whatever, except an organization established by the Government of the United States or in which the Department of State participates officially. In participating in the programs and activities of any private organization, an officer or employee of the Foreign Service shall make it clear that the Department of State has no official connection with such organization and that it does not sponsor or sanction the viewpoints which he may express.

(b) Where a private organization is one concerned with foreign policy or international relations, either in general or in some special economic, political, or cultural field, an officer or employee of the Foreign Service shall limit his connection with such organization as follows-unless specially permitted to do so, he shall not serve as an adviser, officer, director, teacher, sponsor, committee chairman, or in any other official capacity or permit his name to be used on a letterhead, in a publication, in an announcement or news story, or at a public meeting, regardless of whether his title or his connection with the Department is mentioned. Special permission to assume or continue a connection prohibited by the foregoing provisions may be granted in cases where the public interests of the Government and the Department of State will not be adversely affected. To request such permission, or to determine whether the provisions of this section are applicable to a particular case, the officer or employee, if stationed at the Department or sojourning in the United States, shall address a memorandum to the Director General of the Foreign Service setting forth all the circumstances. That officer will consult the interested divisions and will recommend approval or disapproval to the Assistant Secretary of State for Administration. Such a re

quest from an officer in the field should be made by despatch or airgram addressed to the Secretary of State in the usual manner.

(c) Where the purpose and program of the organization do not fall within the field of foreign policy and international relations and have no connection with the field in which the officer or employee does his official work the activity of the officer or employee shall be limited only to the following extent:

(1) His official title or his connection with the Department may be used to identify him, as in a civic association election, but shall not be used on a letterhead, in a publication, or otherwise so as to employ the prestige of the Department to enhance that of the organization or to imply official sponsorship;

(2) Where he is a representative of an association consisting of Departmental or Foreign Service employees, or of a group of such employees, his connection with the Department may be freely used so long as there is no implication of official sponsorship beyond what may have been officially approved by the Department.

§ 102.808 Restrictions on business activities abroad. (a) The following types of transactions shall be considered business transactions within the meaning of section 1003 of the Foreign Service Act of 1946:

(1) Speculation in exchange for profit;

(2) Transactions at exchange rates differing materially from those shown in the official monthly office accounts, unless such transactions are duly reported;

(3) Sales to unauthorized persons (whether at cost or for profit) of currency acquired at preferential rates through diplomatic or other restricted arrangements;

(4) Transactions which entail the use without official sanction of the diplomatic pouch;

(5) Transfers of funds on behalf of blocked nationals, or otherwise, in violation of United States Foreign Funds Control;

(6) Independent and unsanctioned private transactions which involve an officer or employee of the Foreign Service, as an individual, in a violation of applicable control regulations of foreign governments;

(7) Investments of money in real estate, mortgages, bonds, shares, and stocks;

(8) Permitting use of one's name as a business reference or signing books and documents which may be subsequently used for the purpose of seeking contributions or for other improper purposes;

(9) Permitting use of official title in any private business transactions.

(b) Officers and employees of the Foreign Service, except consular agents and alien clerks and employees, who violate the provisions of section 1003 of the Foreign Service Act of 1946 or who engage in any of the above-mentioned transactions at the post to which they are accredited or assigned shall be held to strict accountability for their actions by the Board of the Foreign Service. Consular agents and alien clerks and employees engaging in business activities which reflect discredit upon the Foreign Service shall be subject to appropriate disciplinary action by the supervisory officer in the case of consular agents, or by the officer in charge of the post concerned in the case of alien clerks and employees.

(c) The purchase of a house and land for personal use shall not be considered a violation of section 1003 of the Foreign Service Act of 1946.

§ 102.810 Restrictions applicable to members of families. (a) Restrictions placed on officers and employees of the Foreign Service in the matter of speeches, interviews, official and private correspondence, writing for publication, political activities abroad, participation in the activities of private organizations, and business activities, shall also apply to those members of the family of the officer or employee, including the alien spouse of an officer or employee, who normally reside with him and who are dependent upon him. An officer or employee of the Foreign Service shall be held to strict accountability for the actions of such members of his family.

(b) The alien spouse of any officer or employee in the Foreign Service shall avoid expressing views which are unfriendly to, or critical of, the United States, its Government, institutions, or people, either to or in the presence of other persons of foreign nationality. Alien spouses shall, in addition, refrain from engaging in, or associating closely with groups of people or organizations engaged in, activities which are inimical

or embarrassing to the Government of the United States. Failure on the part of the alien spouse of a person employed in a Foreign Service office to observe these restrictions may, in the discretion of the Secretary of State, result in the dismissal of the person so employed.

§ 102.811 Limitation on employment of members of family in Foreign Service offices. Members of the family of an American officer or employee of the Foreign Service shall not be employed in the same Foreign Service office as the American officer or employee except during grave emergencies or when special authorization has been obtained in advance of employment from the Secretary of State.

CODIFICATION: The word "American" was inserted before the word "officer" in 102.811, by Foreign Service Reg. S-35, Assistant Secretary of State, June 30, 1947, effective July 15, 1947, 12 F.R. 4669.

§ 102.813 Restrictions on making recommendations in connection with employment. (a) In general, officers and employees of the Foreign Service shall not, in their official capacity, make any recommendations in connection with the employment of persons unless the positions concerned are with the Government of the United States and the recommendations are made in response to an inquiry from a Government official authorized to employ persons or to investigate applicants for employment. However, a principal officer in the Foreign Service may furnish an employee who is leaving the Service with a document setting forth the bearer's integrity, diligence or other qualifications. In addition, a principal officer may, in answer to a letter of inquiry concerning a former employee in a Foreign Service office, state the length of time the person was employed in the Service and the fact that nothing in his record militates against him, if such is the case.

(b) An officer or employee of the Foreign Service may make personal recommendations in connection with the employment of any person, except in a position of trust or profit under the government of the country to which the officer or employee is accredited or assigned, provided that the officer or employee does not divulge any information concerning the person which he has derived from official sources.

§ 102.815 Restrictions on preferring of charges. An officer or employee of the Foreign Service shall not attack or publicly criticize any other officer or employee of the Foreign Service. If a Foreign Service officer or employee finds it necessary to criticize or prefer charges against any other officer or employee of the Service, he shall do so only in a personal and confidential communication to the Director General of the Foreign Service or the Chief of the Division of Foreign Service Personnel.

§ 102.817 Restrictions on the acceptance of presents or favors. (a) When officers or employees of the Foreign Service find it necessary to refuse, in accordance with the provisions of section 1002 of the Foreign Service Act of 1946, any present, emolument, pecuniary favor, office or title offered them by a foreign government either on their behalf or on behalf of some other person, the refusal shall be made in as gracious terms as possible, attention being invited to the fact that the acceptance of such presents, etc., is prohibited under the laws of the United States. Officers and employees of the Foreign Service shall take such precautionary measures as seem advisable to avoid being placed in a position where it becomes necessary to refuse acceptance of gifts, etc., from a foreign government.

(b) Officers and employees of the Foreign Service shall also refuse personal gifts or gratuities offered them by persons or organizations affected by the performance of their official duties.

(c) Rates or discounts offered to officers and employees of the Foreign Service as a class may be accepted and utilized.

§ 102.818 Restrictions against extension of personal financial aid to Americans abroad. Officers and employees of the Foreign Service shall not make personal loans to American citizens or others who have no personal claim on them, nor shall they obligate their personal credit for such persons, either by endorsing notes, bills of exchange, or other negotiable instruments or by assuming any form of financial responsibility.

§ 102.820 Restrictions on wearing apparel of officers and employees. When officers and employees of the Foreign Service are authorized by law or required by a military commander of the United States to wear a uniform, care shall be

taken that the uniform is worn only at authorized times and for authorized purposes. As a rule, officers and employees of the Foreign Service shall confine themselves to wearing whatever civilian apparel is appropriate to the occasion and the relative position of the officer or employee vis-à-vis the officers and employees of the diplomatic and consular branches of other governments in the country of assignment. Conventional garb worn by chauffeurs, elevator operators and other miscellaneous employees shall not be considered uniforms within the meaning of section 1001 of the Foreign Service Act of 1946.

§ 102.821 Restrictions on marriage of officers or employees to aliens. (a) No person married to an alien shall be appointed as a Foreign Service officer. No person married to an alien shall be appointed to the Foreign Service Reserve or as a Foreign Service staff officer or employee unless express permission is granted by the Board of the Foreign Service.

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(b) Before contracting marriage with a person of foreign nationality each officer and American employee shall request permission to do so from the Board of the Foreign Service. Any officer or American employee who contracts marriage with an alieh without obtaining advance permission from Board of the Foreign Service shall be deemed guilty of insubordination and shall be separated from the Service. Requests for permission to marry an alien shall be accompanied by the officer's or employee's resignation for such action as may be deemed appropriate.

(c) Chiefs of mission shall require their private secretaries to comply with the policy formulated in this section.

[Preceding section, in small type, superseded by following section during period covered by this Supplement]

§ 102.821 Restrictions on marriage of officers or employees to aliens. (a) No person married to an alien shall be appointed as a Foreign Service officer. No person married to an alien shall be appointed or assigned to the Foreign Service Reserve or as a Foreign Service staff officer or employee unless express permission is granted by the Director General of the Foreign Service.

(b) Before contracting marriage with a person of foreign nationality each officer and American employee shall request permission to do so from the Director General of the Foreign Service. Any officer or American employee who contracts marriage with an alien without obtaining advance permission from the Director General of the Foreign Service

shall be deemed guilty of insubordination amounting to misconduct and shall be separated from the Service. Requests for permission to marry an alien shall be accompanied by the officer's or employee's resignation for such action as may be deemed appropriate.

(c) Chiefs of mission shall require their private secretaries to comply with the policy formulated in this section. [Foreign Service Reg. S-31, March 19, 1947, effective April 5, 1947, 12 F.R. 2287]

§ 102.822 Restrictions on persons retired from the Foreign Service. Persons retired from the Foreign Service shall be subject to all applicable restrictions on personal activities which are placed on officers and employees in active service.

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