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for the purpose of presenting the original sealed letter of credence in person, communicate. to the Minister for Foreign Affairs the open office copy thereof accompanying his original instructions.
(c) If the chief of mission is assigned as chargé d'affaires and bears a letter of credence addressed to the Minister for Foreign Affairs, he shall, on addressing to the Minister the formal note, convey to him the office copy of his letter of credence and shall await the Minister's pleasure for presentation of the original.
(d) A copy of each letter of credence shall be prepared and placed in the files of the mission.
(e) When presenting his letter of credence, the new chief of mission should be accompanied by all officers assigned to the mission in a diplomatic capacity and by all the attaches of the mission.
$ 102.515 Official calls by new chief of mission. (a) A new chief of mission shall, immediately upon his arrival at the seat of mission, familiarize himself with the local rules regarding official calls. In his initial official visits he should be accompanied by the ranking Foreign Service officer assigned to the mission in a diplomatic capacity.
(b) A chargé d'affaires need not pay official calls upon his colleagues upon assuming charge if he be at the post at the time he is accredited. After assuming charge he shall call upon the Minister for Foreign Affairs on the latter's first general reception day.
$ 102.520 Chiefs of mission to conform to ceremonial usage. On all formal occasions the chief of mission shall be governed by the ceremonial usage of the country of his official residence. The chief of mission shall confer informally with the ceremonial officer, or, in the absence of such official, with the dean of the diplomatic corps, to insure appropriate conformity to established rules. Notes informing the mission of the departure of a chief of mission and the assumption of charge by a chargé d'affaires ad interim should not be answered unless local custom so requires.
$ 102.545 Official calls by consular officers. A consular officer, on entering on official duty status, shall conform to local custom in the matter of making official calls on the proper local officials and the consular officers of other countries.
PROMOTIONS (ADDED] $ 102.622 Minimum periods in class for promotion in 1947. All Foreign Service officers excepting those whose performance of duty since January 1, 1946 has resulted in disciplinary action by the Board of Foreign Service Personnel or the Board of the Foreign Seryice shall be eligible for promotion to a higher class in 1947:
(a) If they are in class 2, 3, 4, or 5 and have more than nine months' service in class as of February 13, 1947, computed in accordance with paragraph (d) of this section;
(b) If they are in class 6 and were appointed as Foreign Service officers prior to January 1, 1946; or
(C) If they are in class 6 and, regardless of the dates of their appointment to the Service, will be 35 years of age or older on April 1, 1947, and have had at least four years' service in another branch of the Foreign Service or any Government agency prior to appointment as Foreign Service officers.
(d) For the purpose of this section time served by Foreign Service officers in classes under the Foreign Service Act of 1946 shall include time served in classes under the act of May 24, 1924 (43 Stat. 140) as follows:
(R.S. 161, secs. 302, 622, 623, 633, 634, 635, 1102, 60 Stat. 1001, 1014, 1015, 1016, 1033; 5 U.S.C. 22) [Foreign Service Reg. S-34, Apr. 1, 1947, effective Nov. 13, 1946, 12 F.R. 2288]
$ 102.636 Maximum periods in class before "selection out”. (a) Any Foreign Service officer who remains in class 2, 3, 4, or 5 more than eight years without receiving a promotion from class to class shall be retired from the Service.
(1) Foreign Service officers so retired from classes 2 and 3 shall receive retirement benefits in accordance with the provisions of section 821 of the Foreign Service Act of 1946.
(2) Foreign Service officers so retired from classes 4 and 5 shall receive benefits in accordance with the provisions of section 634 (a) (1) and (2) of the Foreign Service Act of 1946.
(3) No Foreign Service officer shall be separated from class 2, 3, 4, or 5 in accordance with the regulations in this part until November 13, 1949.
(b) Any Foreign Service officer in class 6 who is not promoted to class 5 within three years of his appointment as a Foreign Service officer in class 6 shall be separated from the Service.
(1) Notwithstanding the provisions of the foregoing paragraph, no Foreign Service officer in class 6 as of November 13, 1946 shall be so separated from the Service until his case has been reviewed by a selection board established in accordance with the provisions of section 623 of the Foreign Service Act of 1946.
(2) A Foreign Service officer of class 6 separated from the Service in accordance with the provisions of section 635 of the Foreign Service Act of 1946 shall receive no benefits under the act except that his contributions to the Foreign Service Retirement and Disability Fund shall be returned to him in accordance with the provisions of section 841 of the act.
(c) For the purpose of this section, time served by Foreign Service officers in classes under the Foreign Service Act of . 1946 shall include time served in only one of the classes under the act of May 24, 1924 (43 Stat. 140) as follows:
a vacant position in a higher class at the same or at a higher rate of salary in accordance with the conditions specified below:
(a) Service. No staff officer or employee may be promoted unless he has served six months in the class from which promotion is to be made. Ordinarily promotions are made only to the next higher class. However, an employee may be promoted to any class for which he possesses the requisite qualifications.
(b) Efficiency. No staff officer or employee may be promoted unless his services meet the standards required for the efficient conduct of the work of the Foreign Service.
(c) Qualifications. No staff oficer or employee may be promoted unless he has demonstrated that he possesses the qualifications stipulated in the standards for promotion issued by the Director General of the Foreign Service. Promotions to positions for which qualification standards have not been established may be effected if the officer or employee is otherwise qualified, on the basis of his work experience, training, and demonstrated capacity for performing the duties and responsibilities of the position in question.
(d) Advance approval required for promotions. Until such time as progress in the implementation of the Foreign Service Act permits a greater degree of decentralization of administration, all class-to-class promotions of staff officers and employees will continue to require advance approval of the Department of State.
(e) Recommendations for class promotion. A recommendation for class promotion shall be accompanied by a memorandum containing a description of the duties of the position to which promotion is being made and a statement of the pertinent qualifications of the person nominated for the promotion.
(f) Effective date of class promotion, A class promotion shall become effective on the first day of the pay period next following the date of its approval by the Department. (Sec. 641, 60 Stat. 1034) [Foreign Service Reg. S-28, Feb. 14, 1947, effective Nov. 13, 1946, 12 F.R. 1164]
$ 102.669 In-class promotion of stai officers and employees. In-class promotions of staff officers and employees shall
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 Seryice Reg. S-28, Feb. 14, 1947, effective Nov. 13, 1946, 12 F.R. 1165]
RESTRICTIONS ON PERSONAL ACTIVITIES
be allowed subject to the conditions specified below:
(a) Periodic in-class promotion. The salary of a staff oficer 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 Gover ental 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. 1165)
$ 102.674 Credit for military service and Merchant Marine service toward class and in-class promotions. A staff
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 of such manuscripts shall be forwarded to
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 request 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 Seryice, 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 oficer 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