The Foreign Service Journal, June 2023

AFSA NEWS 50 JUNE 2023 | THE FOREIGN SERVICE JOURNAL Changes to Assignment Restrictions: FAQs On March 22, Secretary of State Antony Blinken announced an end to the issuance of new assignment restrictions as a condition placed on security clear- ances. He noted in his announcement that other assignments-related pro- cesses, including the assign- ment review process (also known as the pass-through process), will be maintained. According to the Bureau of Diplomatic Security, there are currently 666 people—less than 2 percent of the State Department workforce— subject to assignments restrictions. The lifting of these restrictions opens up new possible assignments for those affected, and also allows the department’s native speakers to better uti- lize their language skills and cultural knowledge. AFSA looks forward to continued discussions with department leadership to seek assurances that the assignment review process and other processes used to address foreign influence or preference concerns will be conducted under accountable and transparent processes. 1. Assignment restric- tions, assignment reviews (pass-throughs), assign- ment preclusions …What’s the difference? The department has three different assignment-related mechanisms that may impact an employee’s ability to be posted abroad, which are outlined in two recent ALDACS: 23 STATE 31212 and 23 STATE 31486. Assignment restrictions, for which Secretary Blinken ended new issuances, are a personnel security function governed by 12 FAM 233.5 and handled by DS/SI/PSS. Assignment preclusions are a human resources func- tion and not a security func- tion. They are imposed when a host government does not afford an employee diplo- matic immunity due to dual citizenship considerations. GTM handles these. Assignment reviews, informally known as pass- throughs, are secondary counterintelligence reviews of proposed assignments to certain posts prior to the assignment being paneled. They are governed by 12 FAM 263.3-2. DS/ICI/CI conducts the assignment review and makes a recommendation about the proposed assign- ment to the Director General, who concurs or non-concurs with the recommendation. 2. Does this mean that all assignment restrictions have been lifted? No. The Secretary only announced an end to new assignment restrictions. Existing assignment restric- tions will still be in place. How- ever, new employees joining the department will no longer be given assignment restric- tions. Current employees who take action that might have resulted in the issuance of an assignment restriction in the past, such as marrying a foreign national, will also no longer be given a new assign- ment restriction. 3. Previously, Diplomatic Security would review assignment restrictions when renewing security clearances. Will they cease renewing assignment restrictions in the future based on the Secretary’s new policy? We don’t know. AFSA and the Asian American Foreign Affairs Association (AAFAA) are working to address this question with Diplomatic Security. We will report as soon as more information is available. 4. If I have a current assignment restriction, what do I do? After negotiations with the department, AFSA was successful in establishing an appeals process in which the final decision will be made by the Security Appeals Panel. Those who wish to appeal their assignment restrictions must do so prior to seeking an assignment in the country of the restriction. Appeals of an assignment restriction are governed by 12 FAM 230, 12 FAM 233.5(h), 12 FAM 234.1(c), and 12 FAM 234.3(a). Diplomatic Secu- rity sent out an ALDAC, 23 STATE 31212, on March 22 that provided instructions for a one-time deviation from pol- icy that allows employees to request an appeal before June 19 for existing assignment restrictions due to recent changes in policy. For more information, contact DSDirectorPSS@state.gov . 5. Does that mean I can be assigned to Country X now? If you have an existing assignment restriction, that restriction is still in effect. If your assignment restriction has been lifted, you should have been notified in writing via email. However, even if it has been lifted, assignments to certain posts are subject to an assignment review. Your experiences may vary. Please contact member@ afsa.org if you have any fur- ther questions or would like to share more information. n AFSAGoverning Board Meeting, April 19, 2023 The Governing Board met in person at AFSA headquarters. Associate Members: The board approved the applications of two new associate members. Awards: The board adopted the Awards and Plaques Com- mittee recommendations for AFSA’s 2023 Foreign Service Champions Award and Lifetime Contributions to American Diplomacy Award. n