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(a) Aliens who served honorably in the Armed Forces of the United States during the period which began on September 1, 1939, and ended on December 31, 1946, and the alien widows, parents, unmarried minor children, and the unmarried minor step-children, of citizens of the United States (including ́deceased citizens) who so served, and aliens who served honorably as seamen for at least one year on vessels of countries of the United Nations engaged in sailing to and from ports of the United States during the period beginning on September 1, 1939, and ending with the termination of hostilities on December 31, 1946, such persons not having voluntarily abandoned such service or occupation so long as they were not physically incapacitated for such service: Provided, That priority under this provision shall not be accorded a seaman unless he files a proper registration form as an intending immigrant at a consular office on or before December 31, 1947. [Inferior subdivision (a) amended by Dept. Reg. 108.56, Oct. 21, 1947, effective Nov. 29, 1947, 12 F.R. 7998]

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Subchapter C-The Foreign Service

PART 101a-FOREIGN SERVICE

PERSONNEL

CODIFICATION: Foreign Service Regulation S-24, Deputy Assistant Secretary for Administration, Feb. 5, 1947, effective Nov. 13, 1946, 12 F.R. 919, revoked §§ 101a.4, 101a.6, 101a.7, and 101a.14-101a.30.

Foreign Service Regulation S-28, Deputy Assistant Secretary for Administration, Feb. 14, 1947, effective Nov. 13, 1946, 12 F.R. 1165, 8883, revoked §§ 101a.8, 101a.9, and 101a.11101a.13.

Foreign Service Regulation S-42, Assistant Secretary, Dec. 24, 1947, effective Dec. 31, 1947, 12 FR. 8883, revoked § 101a.3.

Consequently, in this part only § 101a.10 is still effective.

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Sec.

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

RESTRICTIONS ON PERSONAL ACTIVITIES [ADDED] 102.800 Restrictions on speeches and interviews.

102.802 Restrictions on official and private correspondence.

102.803 Restrictions on writing, for publication.

102.804 Restrictions on political activities abroad.

102.806 Restrictions on participation in activities of private organizations. 102.808 Restrictions on business activities abroad.

102.810 Restrictions applicable to members of families.

102.811 Limitation on employment of members of family in Foreign Service offices.

102.813 Restrictions on making recommendations in connection with employment.

102.815 Restrictions on preferring of charges. 102.817 Restrictions on the acceptance of presents or favors.

102.818 Restrictions against extension of personal financial aid to Americans abroad.

102.820 Restrictions on wearing apparel of officers and employees.

102.821 Restrictions on marriage of officers or employees to aliens. 102.822 Restrictions on persons retired from the Foreign Service.

AUTHORITY: §§ 102.80 to 102.822, appearing in this Supplement, issued under R.S. 161, secs. 302, 421, 422, 541, 1002, 1003, 1004, 1011, 60 Stat. 1001, 1004, 1011, 1080; 5 U.S.C. 22. Additional authority cited following sections affected.

SALARIES AND SALARY DIFFERENTIALS

§ 102.80 Classes and compensation of consular agents-(a) Compensation of consular agents. Consular agents shall receive compensation based upon the nature and volume of work performed at the consular agency of which they are in charge.

(b) Classification. For the purpose of administrative convenience, the various consular agencies shall be divided into three classes. Consular agents at a class 1 consular agency shall receive compensation at the rate of $1,040 per annum; consular agents at a class 2 consular agency, at the rate of $780 per annum; and consular agents at a class 3 consular agency, at the rate of $520 per annum.

(c) Delegation of authority to assign consular agencies to classes. The Chief of the Division of Foreign Service Personnel is hereby authorized to assign the positions occupied by consular agents to one of the three classes set forth in paragraph (b) of this section in accordance with the principles of paragraph (a) of this section. (R.S. 161, secs. 302, 418, 441, 445, 60 Stat. 1001, 1004, 1005, 1006; 5 U.S.C. 22) [Foreign Service Reg. S-32, May 23, 1947, effective beginning with the first pay period commencing on or after May 30, 1947, 12 F.R. 3509]

§ 102.101 Salaries of officers temporarily in charge-(a) Salaries of chargés d'affaires ad interim. A Foreign Service officer authorized to act as chargé d'affaires ad interim at the post to which he is assigned, shall, if he acts in such capacity for a period in excess of ten days, receive compensation, in addition to his basic salary as Foreign Service officer, computed as follows:

(1) One half the difference between his basic salary and the per annum salary provided for the chief of mission at that post for the first three months he shall act in such capacity. Payment of this additional compensation shall be made for the period beginning the first day the officer is in charge.

(2) Three-fourths of the difference between his basic salary and the per annum salary provided for the chief of mission at that post for the next three months he shall act in such capacity.

(3) Should an assignment to act temporarily in charge extend beyond six months, the officer may apply for and the Secretary may in his discretion allow the payment of the full difference in salaries after the sixth month (sec. 421, Foreign Service Act of 1946).

(b) Salaries of officers in charge of consulates and consulates general. A Foreign Service officer or a consul or vice consul who is not a Foreign Service officer who is temporarily in charge of a consulate general or consulate during the absence or incapacity of the principal officer, shall be entitled to additional compensation computed in accordance with the provisions of paragraph (a) of this section (sec. 422, Foreign Service Act of 1946).

(c) The additional compensation paid to a diplomatic or consular officer acting temporarily in charge shall be known as chargé pay. [Reg., effective Nov. 13, 1946, 12 F.R. 5]

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

§ 102.101 Salaries of officers temporarily in charge-(a) Salaries of chargés d'affaires ad interim. A Foreign Service officer authorized to act as chargé

d'affaires ad interim at the post to which he is assigned, shall, if he acts in such capacity for a period in excess of ten days, receive compensation, in addition to his basic salary as Foreign Service officer, as follows:

(1) For the first three months he shall act in such capacity he shall receive one half the difference between his basic salary and the per annum salary provided for the chief of mission at that post. Payment of this additional compensation shall be made for the period beginning the first day the officer is in charge.

(2) For the next three months he shall act in such capacity he shall receive three fourths of the difference between his basic salary and the per annum salary provided for the chief of mission at that post.

(3) Should an assignment to act temporarily in charge extend beyond six months, the officer shall continue to receive compensation as provided in subparagraph (2) of this paragraph and may apply for, and the Director General of the Foreign Service may in his discretion approve, the payment of the full difference in salaries effective as stated in the authorization. (Sec. 421, Foreign Service Act of 1946.)

(b) Salaries of officers in charge of consulates and consulates general. A Foreign Service officer, or a consul or vice consul who is not a Foreign Service officer, who is temporarily in charge of a consulate general or a consulate during the absence or incapacity of the principal officer shall, if he acts in such capacity for a period in excess of ten days, receive compensation in addition to his basic salary, as follows:

(1) For the first three months he shall act in such capacity he shall receive one half the difference between his basic salary and the basic salary received by the last principal officer actually in charge of the post. Payment of this additional compensation shall be made for the period beginning the first day the officer is in charge.

(2) For the next three months he shall act in such capacity he shall receive three fourths of the difference between his basic salary and the basic salary received by the last principal officer actually in charge of the post.

(3) Should an assignment to act temporarily in charge extend beyond six months, the officer shall continue to re

ceive compensation as provided in subparagraph (2) of this paragraph and may apply for, and the Director General of the Foreign Service may in his discretion approve, the payment of the full difference in salaries effective as stated in the authorization. (Sec. 422, Foreign Service Act of 1946.)

(c) Name of pay. The additional compensation paid to a diplomatic or consular officer acting temporarily in charge shall be known as chargé pay.

(d) Terms. Chargé pay shall accrue only on the basis of full days and is not subject to retirement deductions. [Foreign Service Reg. S-36, June 26, 1947, effective July 3, 1947, 12 F.R. 4290]

§ 102.102 Notice of transfer of office. (a) An officer shall not be considered to be lawfully in charge of a diplomatic or consular office and entitled to receive additional compensation during the absence of the principal officer unless a Transfer of Office Certificate Form No. 5 has been executed and forwarded to the Department. The dates to be used in determining the period for which chargé pay is allowable shall be the dates of executing the Transfer of Office Certificate upon assuming and relinquishing charge. A true copy of the signed original certificate shall accompany the accounts of the office.

(b) In the event of the serious illness or death of the chief of mission or principal officer, or other emergency making it necessary for a subordinate officer to assume charge, the Transfer of Office Certificate shall be executed by the incoming officer with an appropriate explanation of the circumstances involved. [Foreign Service Reg. S-24, Feb. 5, 1947, effective Nov. 13, 1946, 12 F.R. 917]

§ 102.103 Computation of chargé pay. (a) The amount of chargé pay allowed for assuming temporary charge of office is based on the per annum salary provided for the last chief of mission or basic salary of the last principal officer actually at the post, 1. e.:

(1) At an embassy or legation the salary of the chargé shall be based on the per annum salary provided for the chief of mission who last served at the post;

(2) At a consulate general or consulate on the basic salary received by the last principal officer actually in charge of the post.

(b) Chargé pay shall accrue only on the basis of full days and is not subject to retirement deductions. [Foreign Service Reg. S-24, Feb. 5, 1947, effective Nov. 13, 1946, 12 F.R. 917]

CODIFICATION: § 102.103 was revoked, by Foreign Service Regulation S-36, Assistant Secretary of State, June 26, 1947, effective July 3, 1947, 12 F.R. 4291.

§ 102.104 Changes in chargé pay. (a) If a principal officer receives a promotion effective subsequent to his departure from his post of duty, on leave or otherwise, adjustment of the compensation of the officer in charge is authorized only in case such principal officer returns to the same duty station and resumes charge.

(b) When an officer or employee is lawfully authorized to assume charge during the absence of the principal officer and such principal officer is retroactively promoted effective on a date prior to his departure from the post, the officer in charge is entitled to have his chargé pay adjusted accordingly. Comp. Gen. 273.)

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(c) When a new office is established, chargé pay is not payable to a junior officer who assumes charge for a period prior to the arrival and entry upon duty of a principal officer or chief of mission. [Foreign Service Reg. S-24, Feb. 5, 1947, effective Nov. 13, 1946, 12 F.R. 9171

APPOINTMENTS AND COMMISSIONS

§ 102.207 Positions comparable in importance to that of chief of mission.

NOTE: 102.207 was assigned to this centerhead by Foreign Service Regulation S-24, Deputy Assistant Secretary for Administration, Feb. 5, 1947, effective Nov. 13, 1946, 12 F.R. 917.

§ 102.305 Foreign Service personnel required to take oath of office. Upon appointment, all officers and employees of the Foreign Service, except alien clerks and employees appointed abroad, shall take the oath of office prescribed by section 1757 of the Revised Statutes of the United States, as amended (R.S. [For1757, as amended; 5 U.S.C. 16). eign Service Reg. S-24, Feb. 5, 1947, effective Nov. 13, 1946, 12 F.R. 917] BONDS [ADDED]

§ 102.322 Bonding of Foreign Service personnel. (a) In addition to the officers of the Foreign Service required to give bond by section 1011 of the Foreign Service Act of 1946, every ambassador or minister who will render accounts or certify vouchers for payment, every consular agent, every authorized certifying officer, every officer who disburses while in the employ of the Department of State regardless of the source from which he

derives such authority, every officer or employee of the Foreign Service who receives official collections for the Government of the United States, and every other officer or employee of the Foreign Service who is instructed to do so by the Department or by the officer in charge shall give a bond to the United States. The officer in charge may require the giving of bonds by an unbonded officer or employee who handles funds, valuables, fee stamps, or documents, or performs any duty for which the officer in charge might be held to be responsible.

(b) All bonds given to the United States by officers and employees in the Service shall be executed on Form 352, Foreign Service, in a penal sum of $5,000 or such larger amounts as the Department shall indicate in individual cases.

(c) All bonding companies holding certificates of authority from the Secretary of the Treasury under acts of Congress of August 13, 1894, and March 23, 1910 (28 Stat. 279, 36 Stat. 241; 6 U. S. C. 6-13) are hereby approved as acceptable sureties on bonds. If any surety other than those approved herein is desired by an officer or employee, the approval by the Secretary of State of such surety shall be obtained before executing the bond.

(d) Pursuant to the provisions of 58 Stat. 135; 6 U.S.C., Sup. 3, the bond of each officer or employee will be examined by the Department periodically (at least once every two years) for sufficiency of surety and penalty and if the officer or employee is notified that the penalty or surety is not sufficient he shall file a new bond to correct the deficiency. Upon relinquishing duties requiring a bond with a penalty in excess of the minimum, the officer or employee may request the Department to authorize him to reduce the penalty on his bond. Upon notification that the penalty on the bond may be reduced, the officer or employee shall file a new bond with a penalty in the new amount indicated by the Department.

(e) Upon receipt of a notification from a corporate surety to the effect that an officer or employee has failed to pay the annual premium on his bond, the Department will instruct such officer or employee to renew his bond. The officer or employee shall take immediate steps to follow these instructions.

(f) When it is necessary that an officer or employee be bonded immediately to enable him to perform some duty, he shall request that an interim bond be filed for him, indicating the surety desired, and shall agree to pay the premium without delay in the same penalty, with the same surety, and effective the same date as the interim bond. [Foreign Service Reg. S-24, Feb. 5, 1947, effective Nov. 13, 1946, 12 F.R. 917]

ASSIGNMENT OF FOREIGN SERVICE OFFICERS [ADDED]

SOURCE: $ 102.404 and 102.410 contained in Foreign Service Regulation S-29, Acting Secretary of State, April 4, 1947, effective Nov. 13, 1946, 12 F.R. 2383.

§ 102.404 Designation of Foreign Service officers as attachés. Foreign Service officers may be designated to serve as attachés or assistant attachés when the public interest so requires.

§ 102.410 Assignment of Foreign Service officers as language officers. Foreign Service officers may be assigned as language officers to study the language or languages of and to engage in other prescribed studies in relation to a particular geographic area. Foreign Service officers may also be designated as language supervisors to oversee the study of language officers.

ENTRY ON POST DUTY [ADDED]

SOURCE: §§ 102.502 to 102.545, inclusive, contained in Foreign Service Regulation S-24, Deputy Assistant Secretary for Administration, Feb. 5, 1947, effective Nov. 13, 1946, 12 F.R. 917.

§ 102.502 Presentation of credentials. (a) Upon arrival at the seat of mission, the new chief of mission shall request, through the principal officer of the mission, an informal conference with the Minister for Foreign Affairs, or such other officer of the government to which he is accredited as may be found authorized to act in the premises, in order to arrange for his official reception. He shall at the same time, in his own name, address a formal note to the Minister for Foreign Affairs, communicating the fact of his appointment and requesting the designation of a time and place for presenting his letter of credence and the letter of recall of his predecessor.

(b) When the representative is accredited by the President to the Chief of State, he shall, on requesting audience

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