USAGE OF DIPLOMATIC AND CONSULAR TITLES

UNCLAS SECTION 01 OF 03 STATE 117242

FOR DCM, PO AND AO FROM HR/CDA; INFORM CONSULS

E.O. 12958: N/A
TAGS: APER AMGT ODIP
SUBJECT: USAGE OF DIPLOMATIC AND CONSULAR TITLES

REF: 94 STATE 32843; 3 FAH-1 H-2430

STATE 00117242 001.2 OF 003



1. SUMMARY: This message replaces 94 State 32843
(reftel). As certain U.S. Government agencies increase
their personnel overseas, there is a tendency to confuse
official duties with a need for diplomatic titles. The
need for a diplomatic title is often unnecessary and at
times not permissible, and, in accordance with our
interpretation of international agreements and our
application of internal regulations, not all U.S.
Government officials abroad can be accredited as
diplomatic or consular officers. In order to help
prevent inappropriately giving diplomatic and consular
titles at our overseas missions, we offer the following
information that we hope will help clarify some of the
misconceptions that are apparent in requests being
received by the Department for diplomatic and consular
titles. END SUMMARY.


2. Titles are authorized in conformity with law,
Department of State regulation (3 FAH-1 H-2430),
international practice (e.g. some countries do not
accept assistant attach as a diplomatic title),the
practices followed by our Office of Protocol, the
Department of State/American Foreign Service Association
(AFSA) Agreement on diplomatic titles, agreements
(formal and informal) with other U.S. Government
agencies, and normal correlation of titles with personal
grade and position. The regulations apply to all
members of the Foreign Service, which include the other
foreign affairs agencies (AID, Commerce/FCS,
Agriculture/FAS, and IBB.)


3. Although there may sometimes be an appearance of
inconsistency concerning the granting of titles to
personnel overseas, the general rules are clear and we
do our best to adhere to them. The title regulations
rest on the following principles: (A) the position must
be under Chief of Mission (COM) authority; (B) the
incumbent must be assigned to and working out of the
embassy or consular post (actual office space) or an
official annex; (C) there is a clear work-related
justification for the title supported by specific
examples of inability to perform essential duties
without such a title.


4. Commissioned Foreign Service officers who are
appointed by the President and confirmed by the Senate,
generally receive titles because they are usually
assigned to positions which have been determined to
require such titles for performance of duties. However,
simply because one is commissioned does not
automatically mean a title will be authorized. There
are instances, particularly in the management area,
where titles are not required and are not authorized.


5. Posts should ensure that telegrams on title and rank
matters are slugged for HR/CDA/SL/PAS/TR. Messages not
correctly slugged result in the message not being
received in that office or routed in a roundabout manner
that delays a response.


6. All titles for individuals, regardless of their
parent agency, assigned to posts abroad must be
authorized by the Bureau of Human Resources of the
Department of State (HR/CDA/PAS/TR) in advance of their
use. Transmittals from individual agencies regarding
personnel assignments cannot be used for title purposes.
Personnel should not be accredited with diplomatic
titles to the host government until notification has
been received from the Department as follows:

(A) State Department Personnel: The travel orders (TM4)
will reflect the diplomatic and/or consular title
authorized for usage. If an individual is pending
commissioning, the title authorized cannot be declared
to the host government Foreign Office until the
President has attested the commission. The length of
time it takes for the commissioning process to be
completed is controlled by the Congress and the
President. Posts will be notified by an ALDAC cable
when the process is completed.

(B) Foreign Affairs Agency Personnel (AID, Commerce/FCS,
and Agriculture/FAS, IBB) will submit a DS 1474 request
prepared by their Washington office to HR/CDA/SL/PAS/TR
for consideration. If a title is approved, the
Department will send a cable Authorization of Title
Notification to the post indicating the title that has
been authorized and the effective date. The Department
neither controls the assignment of personnel from the
other Foreign Affairs agencies nor the timing of the
preparation and submission of the DS-1474 request to
HR/CDA/SL/PAS/TR by the parent agency. Posts should
remind the agencies represented at post to request
submission of this form from their Washington Office
when an assignment has been confirmed. This will assure
that the title, if required, will have been issued by
the time the person arrives to assume his/her duties.

(C) Titles for personnel of other U.S. Government non-
foreign affairs agencies (DEA, INS, IRS, Customs, etc.)
and military attaches are authorized by State telegram
sent to the post. Again, notification will depend on
when the agency submits their memorandum request to
State.


7. Titles, diplomatic and consular, for all personnel
are authorized for use only in the position for which
approved at the current post of assignment. Titles are
not retained by the officer when transferred from the
position or the post. Each time an officer is assigned
to a new post, or reassigned at post, a title or titles
must be approved by the Department. If a commissioned
officer who is to perform consular services is sent on
TDY to another consular district, the Department must be
notified and a consular title requested for the TDY
period.


8. Members of the Senior Foreign Service of all foreign
affairs agencies are to use only the diplomatic title
authorized by the Department and are not to use their
personal rank (i.e. Career Minister, Minister-Counselor,
or Counselor).


9. When personnel are assigned as replacements for
others, the replacement might not receive a title.
(Example: When a title has been restricted to the
current incumbent due to extraordinary circumstances and
is not to extend to his or her successor.) Also, if a
title should be granted, it may not necessarily be the
same title authorized for the predecessor because titles
are granted according to an individual's personal grade
and whether or not he or she is a commissioned officer.
An officer may have a first, second, or third secretary
title and his or her non-commissioned replacement would
be authorized the title of attach or assistant attach.
Or, an officer who is head of section may be authorized
the title of counselor and his or her replacement the
title of first secretary if the replacement does not
have the personal rank of FS-01. If the replacement is
not a commissioned officer, he/she would only be
authorized the title of attach.


10. All personnel are to use only the title which is
authorized by the Department. We note from diplomatic
lists that some individuals are shown as having titles
that were not authorized by the Department and other
individuals are shown with different titles than those
authorized. NOTE: Section 302 (B) of the Foreign
Service Act of 1980 limits the title of Minister to a
six month appointment only so that title is not
authorized and should not be used for regular
assignments.


11. Our Office of Protocol will not accept
administrative and technical support personnel (i.e.
office managers, most communications personnel, etc.) of
foreign missions in Washington in diplomatic status.
Therefore, any exceptions made for our support staff
overseas could result in the host government requesting
reciprocal recognition for their personnel in
Washington, which the Office of Protocol will not grant
based on concerns about the number of diplomatic
personnel with immunities in the United States. Posts
should note, however, that the Department's Office of
Foreign Missions extends tax exemption and duty free
import privileges to foreign administrative and
technical (A&T) staff in the United States on a
reciprocal basis. Posts should ensure that OFM is aware
of any disparities between the extension of tax or duty-
free import privileges for A&T staff and those granted
to its diplomatic agents.


12. Diplomatic titles are not granted to individuals
when they are either serving in a temporary capacity in
a position at post or assigned to post on a TDY basis.
Exceptions can be made for long-term TDY personnel who
will be at post for longer than 90 days if a title is
warranted and justified. Requests for exceptions
should be sent to the title and rank office in the
Department for review in accordance with the criteria
set forth in 2 FAM 221.2.


13. Titles are authorized based on a clear and
convincing need for the title in order to perform one's
official duties and not only for privileges. If
personnel believe they are not receiving all of the
privileges they are entitled to under the Vienna
Convention on Diplomatic Relations or the Vienna
Convention on Consular Relations, this should be brought
to the attention of the Department's Office of Foreign
Missions and the Office of the Legal Adviser, Diplomatic
Law and Litigation (L/DL).


14. The fact that an individual held a diplomatic title
or a consular title at a previous post is not
justification for requesting or receiving the same
title, or any title, for subsequent assignments.


15. The possession of a diplomatic passport is not
justification for requesting or receiving a diplomatic
or a consular title.


16. As noted in paragraph 14, diplomatic title is valid
only at the post of assignment. Regional officers
should be accredited in accordance with the procedures
for multiple accreditation as explained in 85 State

316114. The title and rank office can provide a copy
upon request. If posts encounter problems from host
governments concerning requests for multiple
accreditation, they should direct questions to the
Office of the Legal Adviser, Diplomatic Law and
Litigation (L/DL).


17. Consular titles are authorized only to personnel
who are assigned to and physically reside at an
established consular post and have the necessary
training and commissioning. Because of the legal
authority, duties and technical responsibilities
attendant on a consular officer, the Department has
assured the Congress in its oversight role that only
persons meeting the criteria above will be authorized
full consular authority. Exceptions to this rule must
be of a compelling nature. Consular titles, much more
than diplomatic titles, carry authority to perform
specific legal acts and functions. These include:
issuance of visas, notarizing documents, and making
determinations related to U.S. Citizenship. Whether or
not the individual is actually performing these
functions, the granting of a consular title implies
competence to carry them out.


18. Under the Foreign Service Act of 1980, Civil
Service employees (GS or SES) of U.S. Government non-
foreign affairs agencies can receive only non-
commissioned diplomatic titles (attache or assistant
attach) when assigned to a diplomatic mission. If they
are assigned to a consular post, they cannot receive
either a diplomatic or a consular title.


19. We hope this telegram will be read carefully by all
concerned, including personnel of all Foreign Affairs
agencies and other U.S. Government agencies at post. We
suggest that it be permanently retained in the post's
files for future reference. Should there be any
further questions or clarification needed on this
subject, please send your message to the attention of
HR/CDA/SL/PAS/TR at AlbaJG@State.gov.


20. Minimize Considered.
CLINTON