The Foreign Service Journal, June 2005

JUNE 2005 • AFSA NEWS 9 I n recent months, AFSA has represent- edanumber of ForeignService employ- ees (officers and specialists) in DiplomaticSecurity investigations andsecu- rity clearance proceedings before the DS Officeof Personnel Security andSuitability. The focus has beenon the requirements for reporting contacts with foreign nationals and travel to countries with critical coun- terintelligence threat posts. Basedon these interviews and security clearance adjudica- tions, it appears that the requirements are not well-known, well-understoodorwell- publicized. Inaddition, some requirements need clarification. The following report seeks to update employees on what they need toknowabout contact reporting reg- ulations as included in12FAMand3FAM. In discussions withDS, AFSAhas sug- gested that it send out a notice clarifying andpublicizing contact reporting require- ments. To our knowledge, the last official guidance to the fieldwas issued in1995— State 93112, “Relationships and Contact Reporting”—nearly a decade ago. AFSA has also suggested that the Bureau of HumanResources consultwithDS regard- ingmuch-needed changes in 3 FAM4100 (which contains HR’s separate contact reporting requirements), since this portion of theFAMis over 16years old. Weunder- stand that DS has been working on guid- ance for the past severalmonths andhopes to get it out soon, and that HR is in the process of updating 3 FAM. While both 12 FAM and 3 FAM discuss reporting requirements, reportingunderonedoesnot cover the other. In some circumstances, two contact reports may need to be sub- mitted to satisfy the FAM requirements. In some cases, failure to report contacts has led to serious consequences, including curtailment frompost and lengthy securi- ty clearance suspensions. Therefore, it is imperative that all ForeignService employ- ees understand and abide by the require- ments for reporting contacts to the best of their ability. If in doubt about the need to report a contact, err on the side of caution by discussing the issue with the regional securityofficer at post or, if youdonotwork for the State Department, then with your agency’s security office inWashington. In AFSA’s experience, many Foreign Service employees donot realize they have toreport contactswith foreignnationalsnot onlywhile serving overseas, but alsowhen they are in the United States. In addition, according toa recent casehandledbyAFSA, DS may view an individual who is a citi- zenof theU.S. andanother country (adual national) as a foreignnational for contact- reporting purposes. Seek guidance from DS on whether to fill out contact reports on dual nationals. Following is a brief summary of con- tact policy requirements. Findamore com- plete discussion on our Web site at www.afsa.org/020205afsanet.fcm. 12 FAM 260: Report immediately any contact where illegal or unauthorized access to information is sought on Form DS-1887 (Contact Reporting Form). This sectionof the FAMalso states that employ- ees must report the initial contact with a national from a country with a critical- threat post “when that national attempts to establish reoccurring contact or seems tobe actively seeking a close personal rela- tionship beyond professional or personal courtesies.” AFSAhas seenemployees rep- rimanded (i.e., a letter is placed in their offi- cial performance file for one year) for fail- ure to report contacts. The list of countries designatedas “critical threat,”derived from the department’s Security Environment Threat List, canbedifficult toaccess. DS/CI has advisedAFSAthat it isworking toestab- lisha linkon the classifiednetwork toadoc- ument outlining the critical threat coun- tries. Until then, find the list onCLANby going to the State home page (www.state.gov), clic kingon“cable retrieval archive system,”andentering“SETL” in the subject search line. 12 FAM 264.2: All U.S. government employees under the authority of a chief ofmissionmust notify the RSOor PSOat post of residence at least three weeks in advance of personal travel to any country with a critical human intelligence threat post. Employees stationed domestically should notify DS/ICI/CAS. The depart- ment encourages spouses andadult depen- dents of employees to do the same. AFSA encourages employees to visit http:// source.ds.state.sgov.gov/ on a secure com- puter for more information. AFSAbelievesmany employees are not aware of the requirement to provide advance notice of travel to countries with critical threat posts, even though failure to do so can result in a suspension or revo- cation of a security clearance. 3 FAM 629.2-1: All U.S.-citizen Foreign Service employees from State, USAID, Commerce, Agriculture and IBB, and all other State employees or contractors with sensitive duties, who intend tomarry a for- eign national must inform the employing agency within 120 days prior to the expected date of marriage. Employees must complete a contact report when they cohabitate or develop a romantically or sexually intimate and continuing relationship with a foreign national. Contact reports should be filled out within one month of the date cohab- itation with a foreign national begins. Know the Rules DS is entitled to expect high standards from employees who hold clearances. However, AFSA firmly believes that employees are entitled to know what the rules are andwhat the consequences are for violating those rules. We hope that upcoming guidance fromDS will simpli- fy and clarify the reporting requirements of 3FAMand12FAM. We alsohope that HRwill update the contact reporting rules in 3 FAM soon. In the meantime, employees should take a common-sense approach to reporting and apply the guidance as closely as possible. If youwish to speakwith anAFSAattorney about this, please direct your questions to AFSA General Counsel Sharon Papp or Labor Management Attorney Zlatana Badrich by phone: (202) 647-8160, or e-mail: papps@state.govor badrichz@state.gov. r EYE ON SECURITY Know the Contact Policy Requirements BY SHARON PAPP, AFSA GENERAL COUNSEL