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