GUIDANCE FOR POSTS ON DoD'S TRANSITION TO A SENIOR

UNCLAS STATE 012933


FOR CHIEFS OF MISSION FROM U/S FOR MANAGEMENT
PATRICK F. KENNEDY

E.O. 12958: N/A
TAGS: AFIN AMGT ASEC ODIP
SUBJECT: GUIDANCE FOR POSTS ON DoD'S TRANSITION TO A SENIOR
DEFENSE OFFICIAL/DEFENSE ATTACHE (SDO/DATT)

REF: 08 STATE 017502



1. This message constitutes the U.S. Department of State's
guidance to posts on the implementation of the DoD
Directive 5105.75, Department of Defense Operations at
U.S. Embassies, and DoD Instruction, C-5105.81,
Implementing Instructions for DoD Operations at all U.S
Embassies. The Department of State supports this
initiative and provides the following clarifying/amplifying
information.

BACKGROUND


2. The Directive and Instruction provide the SDO/DATT with
direct supervisory responsibility over the Defense Attachi
Office (DAO) and Security Assistance Organization (SAO)
functions and coordinating authority for all other DoD
elements under COM authority present in country, with the
exception of Marine Security Guards (MSG) and Seabees. The
DoD Directive and Instruction in no way supersedes the
President's Letter of Instruction to the Chief of Mission.
It is important to reemphasize that there has been no
change to the command relationships and lines of authority
at post as set forth in the President's Letter of
Instruction to Chiefs of Mission or interagency agreements,
including International Cooperative Administrative Support
Services (ICASS) and the recently concluded State-USMC
Memorandum of Agreement on MSG and the State-USN Agreement
on Seabees who also remain under State's operational
control as before.

DoD UNITS AT POST


3. The SDO/DATT is the principal military advisor to the
COM on defense and national security issues, the senior
diplomatically accredited DoD military officer assigned to
a U.S. diplomatic mission and the single point of contact
for all DoD matters involving the embassy or DoD elements
assigned to or working in the embassy, with the exception
of the Seabees and MSG Detachments as discussed in
paragraph 6. Arrangements with respect to Force Protection
Detachments are discussed in paragraph 7.


4. The SAO and DAO are meant to remain separate offices
and operate as separate entities under the overall
management of the SDO/DATT. Their personnel, funds and
other resources should not be commingled. In the
SDO/DATT's absence, the DAO and SAO will operate separately
except at posts where a single office is responsible for
both functions. Responsibilities unique to the SDO/DATT
cannot be delegated.


5. The SDO/DATT also exercises coordinating authority over
all other DoD elements assigned to, attached to or
operating from the embassy, subject to the exceptions noted
in paragraph 6. Coordinating authority requires all DoD
elements other than those discussed in paragraph 6 to
inform the SDO/DATT of activities and issues affecting them
so the SDO/DATT can fulfill responsibilities in
representing DoD to the COM and the host country.
Paragraph 7 discusses arrangements with respect to Force
Protection Detachments.

MARINE SECURITY GUARDS AND SEABEES


6. The SDO/DATT initiative, as outlined in the DoD
Directive and Instruction cited in paragraph 1, has no
impact on, or makes no changes to, previously established
command relationships and lines of authority at any post,
specifically operational control of Marine Detachments and
Seabees who are assigned to the Department and working on
State Department missions. The DoD Directive and
Instruction in no way supersedes the MOAs between the U.S.
State Department and the U.S. Marine Corps and the U.S.
Navy. COMs and RSOs should review the status of these
units with SDO/DATTs in order to avoid misunderstanding.
It does however significantly change the relationships
between the SAO, the DAO, DIA, the Combatant Commands and
all other DoD activities in country under COM authority.
Chiefs of mission should be certain they understand the
distinctions in these new relationships.

FORCE PROTECTION DETACHMENTS


7. The MOU between DS and the former DoD
Counterintelligence Field Activity (CIFA) regarding Force
Protection Detachments, Section II, provides that members
of the FPD are under Chief of Mission (COM) authority and
the COM may direct the FPD in all matters other than
theater-military force protection operational priorities.
Operational priorities will be established by the
geographical Combatant Commanders (COCOM) in coordination
with the Regional Security Officer (RSO). The COM shall
ensure that the RSO clarifies to the FPD the methods
whereby agencies will share information concerning
contacts, sources and methods of collection. The RSO is
responsible for oversight, i.e. to ensure the FPD operates
within the security guidelines and procedures established
by the Department of State and the COM. The RSO has
tasking authority over the FPD for the purpose of
requesting incidental force protection/security support.
CIFA was disestablished in 2008, and its missions and
authorities transferred to DIA.


8. According to the MOU between DIA and Assistant
Secretary of Defense for Command, Control, Communications,
and Intelligence Security and Information Operations
Counterintelligence on the Interaction of Defense Attachi
Offices and FPD dated 10/9/02, Force Protection Detachments
abroad will also coordinate force protection matters with
the DAO and will remain under administrative control of
their service CI component. Further, per DoD Directive
5105.75 and DoD Instruction 5105.81, the SDO/DATT has
coordinating authority over the Force Protection
Detachment.

HOUSING


9. The Foreign Affairs Manual authorizes the assignment of
Government Owned (GO) or Long Terms Leased (LTL) housing to
DIA personnel assigned to Embassies and Consulates (15 FAM
260 (2) and 15 FAM 261.4). The establishment of the
SDO/DATT does not change or expand this entitlement which
is based on long-standing legislative and budgetary
processes. Any and all SDO/DATT personnel who are assigned
from the various military commands or any DoD unit other
than DIA are not/not entitled to GO or LTL housing. Only
DIA personnel are entitled to Housing Board assignment to
GO or LTL units.


10. Post housing may be affected in cases where there is a
GO/LTL "DATT House" and the Security Assistance Officer is
becoming SDO/DATT. Any current "DATT House" should be
returned to the housing pool upon the departure of the
current DIA-sourced incumbent, since Security Assistance
personnel do not have access to GO/LTL Housing. Posts
should handle requests for housing, changes to office
space, ICASS and other administrative matters in the usual
prescribed manners.

GENERAL MANAGEMENT AND ADMINISTRATIVE ISSUES


11. The SDO/DATT and all DoD elements under COM authority
in country remain subject to all post-wide and interagency
policies and procedure. Posts should handle requests for
changes to office space, ICASS and other administrative
matters in the usual prescribed manners.

COORDINATION WITH THE HOST GOVERNMENT


12. The purpose of this DoD reorganization is to clarify
lines of communication between DoD and its elements in
country, giving the COM and foreign counterparts a senior
Mission single point of contact for all DoD activities
under his or her responsibility. The SDO/DATT is the COM's
principal military advisor on defense and national security
issues, the senior diplomatically accredited DoD military
officer assigned to a U.S. diplomatic mission, and the
single point of contact for all DoD matters involving the
embassy or DoD elements assigned to or working from the
embassy.


13. DoD plans to give each SDO/DATT a Letter of
Instruction from SECDEF and a Letter of Introduction to the
host country's MINDEF explaining the SDO/DATT's change in
responsibilities. Posts must ensure that the SDO/DATT
reorganization is presented to the host government within
the overall context of Chief of Mission authority. In
addition, Posts must ensure that agreement from the host
country, and when appropriate, NSDD-38 approval and
diplomatic status for the SDO/DATT have been obtained
before the SDO/DATT is formally introduced as such to the
host country's government.

IMPLEMENTATION


14. This ALDAC precedes the issuance of DoD's first
Letters of Instruction to SDO/DATTs. Post-specific cables
will be transmitted soon to posts that will transition to
SDO/DATT this year. Posts transitioning later will receive
information from the Department closer to the time of their
transition. DoD anticipates transition to the SDO/DATT
model will be completed by late 2010 with the possible
exception of a few posts with unique local conditions. DoD
has advised the Department of its transition schedule.
This is largely driven by personnel and training
requirements and, as such, is subject to change. All
SDO/DATTs will have training in both Security Assistance
and Defense Attachi areas of responsibility.

NSDD-38 APPLICABILTY


15. For the larger group of posts converting to SDO/DATT
this year there will be no need for NSDD-38 action as the
DATT is already responsible for SAO activities in country.
However, posts transitioning to the SDO/DATT model whose
DATT will be sourced from the SAO billet will require an
NSDD-38 action as the transition to SDO/DATT constitutes a
significant substantive change in the SAO and DAO
positions. M will provide a streamlined NSDD-38 process to
assist these posts. The Department will provide specific
information to posts via SEPTELs.

VIENNA CONVENTION - AGREEMENT - TITLE AND RANK


16. In addition, under Article 7 of the Vienna Convention
on Diplomatic Relations, a receiving State may require
agreement in the case of Defense Attaches, so posts will
need to inquire whether the host country so requires and
request agreement even if the SDO/DATT is currently in
country. The one exception to this is the case where the
DATT position already handles post's security assistance
portfolio and so has neither a change in diplomatic status
nor a change in function. A diplomatic title will be
necessary in all cases where the Security Assistance
Officer becomes the SDO/DATT. Posts that have problems
adding the SDO/DATT's position to the diplomatic list
should advise the Department and DIA immediately. Note
that diplomatic agent status is needed only for the
SDO/DATT position and all other accredited military
attaches. The diplomatic status of the rest of the SAO
will remain unchanged. Diplomatic titles can only be
authorized by the Department of State, so requests will
have to be sent through the Title and Rank Office at State
and approved before any notification can be sent to the
Host Government.

FURTHER INFORMATION


17. DoDD 5105.75, "Department of Defense Operations at
U.S. Embassies," promulgates policy and assigns
responsibilities for the operation of DoD elements at U.S.
embassies. Copies of this document and its implementing
instructions are available on the PM website. At DoD's
invitation, PM has been participating in a DoD working
group on the SDO/DATT transition for the past several
months.


18. The Department's Point of Contact for SDO/DATT issues
is Tim Sears (PM/ISO) at 202-736-7742. Comments or
questions may also be submitted to the Regional Bureau EX
offices which are working closely with PM/ISO on this
issue.


19. This message has been cleared by DIA, DSCA and OSD(I).


20. Minimize considered.


CLINTON