US State Dept Counterintelligence Program
US State Dept Counterintelligence Program
UNCLASSIFIED (U)
UNCLASSIFIED (U)
c. E.O. 10450 requires the investigation of civilian officers and employees to ensure their initial and continued employment is clearly consistent with national security. d. 5 U.S.C. 301 authorizes heads of agencies to prescribe regulations regarding the conduct of employees. e. 22 U.S.C. 2651a gives the Secretary of State authority to prescribe regulations relating to duties, functions, and obligations of the Departments employees (see 3 FAM, Personnel). f. E.O. 12968 establishes a uniform Federal personnel security program for employees who will be considered for initial or continued access to classified information
UNCLASSIFIED (U)
UNCLASSIFIED (U)
critical and high HUMINT threat posts, any regional security officer (RSO) may request that DS/ICI/CI perform a CI survey based on a changing threat environment. b. CI surveys provide: (1) An analysis of the HUMINT threat at the post; (2) An evaluation of the effectiveness of existing post countermeasures; and (3) Recommendations for improving those countermeasures.
UNCLASSIFIED (U)
(5) Illegal or unauthorized access that is sought to classified or otherwise sensitive information; or (6) The employees concern that he or she may be the target of actual or attempted exploitation by a foreign entity. c. This policy is not intended to limit or impair professional or personal contacts. Its purpose is to protect the security of the United States and its employees while ensuring the privacy of employees and their freedom of association. Further, this policy seeks to ensure that security risks to persons or to the U.S. Government are identified at the earliest possible opportunity and deterred, and that protective steps are taken to avoid compromise of U.S. employees and national security interests. Employees are considered partners in the management of this regulation. d. The term contact means all manner of personal or impersonal communication and includes, but is not limited to, written, telephonic, electronic mail, text messaging, chat room discussion or other social media, facsimile, wire, and/or amateur radio.
UNCLASSIFIED (U)
UNCLASSIFIED (U)
UNCLASSIFIED (U)
contractors about the contact reporting policy and obtain their signatures on an Acknowledgement of Policy Format (see 12 FAM Exhibit 262.3-1). b. When Foreign Contact Report forms are filed by employees at the post, RSOs or PSOs must review and evaluate the reported information and discuss the investigative results or contact with the employee, providing counseling, as appropriate. RSOs or PSOs must forward contact reports to DS/ICI/CI for additional vetting and processing. The RSO or PSO must promptly report any facts or circumstances of a reported contact with individuals of any nationality to DS/ICI/CI and the employees parent agency if they appear to: (1) Indicate an attempt, intention, or reasonable potential to obtain unauthorized access to classified, sensitive, or proprietary information or technology; or (2) Indicate the possibility that the employee is being targeted for development by a foreign entity or agent of a foreign entity.
UNCLASSIFIED (U)
UNCLASSIFIED (U)
d. Failure to comply with 12 FAM 262.1, paragraph b, Policy, for any reason may initiate a DS review of the circumstances leading to the noncompliance. DS will determine whether, considering all facts available upon receipt of the initial information, it is in the interests of the national security to suspend the employees access to classified information on an interim basis until sufficient information is available to determine whether access to classified information will be reinstated or the employees clearance will be revoked. DS may also refer such cases to the Bureau of Human Resources Office of Employee Relations (HR/ER) for the appropriate administrative action, as required.
UNCLASSIFIED (U)
UNCLASSIFIED (U)
UNCLASSIFIED (U)
(5) Diplomatic Security CI special agents; (6) Marine security guards; (7) Navy Seabees; (8) Diplomatic couriers; (9) U.S. military attachs; and (10) Other U.S. Government agency personnel, as required.
UNCLASSIFIED (U)
suitability; b. DS/ICI/CI reviews background investigations and personnel files on all Department employees proposed for permanent assignment to HUMINTthreat posts. DS/ICI/CI evaluates security and suitability factors that could adversely affect suitability for assignment, in light of the heightened HUMINT threat, and any personal vulnerability potentially subject to HUMINT exploitation. DS/ICI/CI prepares a recommendation to the Director General of the Foreign Service (DGHR) with respect to an employees suitability for assignment to a HUMINT threat post after considering the following circumstances: (1) Whether the employee or an immediate family member has an immediate family member still residing in the proposed critical HUMINT threat country; (2) Whether the employee or an immediate family member has other family ties in any critical HUMINT threat post where a foreign intelligence service (FIS) could exploit familial bonds of affection; (3) Whether the employee has family member(s) currently or recently employed by the critical HUMINT threat countrys military armed forces, intelligence or security service, police service, or ministry of foreign affairs; (4) Whether the employee has a history of poor security practices (violations of 12 FAM 262 and 12 FAM 550) that are recent and of a serious nature; (5) Whether the employee is or has been a known target of interest to a FIS; (6) Whether the employee has a history of aberrant behavior such as drug or alcohol abuse or criminal misconduct; (7) Whether the employee has demonstrated emotional instability (as determined by the Office of Medical Services (MED)); (8) Whether the employee has exhibited financial or fiscal management irresponsibility that interferes with his or her performance of duty; (9) Whether a past investigation concerning the employee documents a serious allegation concerning misconduct, suitability, or professional ethics that could be exploited by a FIS; (10) Whether the employee has had more than one previous assignment to the same critical HUMINT threat post; (11) Whether the employee has made an unauthorized disclosure of sensitive or classified information; (12) Whether the employee or close family member has demonstrated
12 FAM 260 Page 10 of 19
UNCLASSIFIED (U)
UNCLASSIFIED (U)
loyalty to the proposed critical HUMINT threat country of assignment (i.e., previously employed with the FIS or ministry of foreign affairs); and (13) Whether the employee has had romantic involvement with citizen(s) of the proposed critical HUMINT threat country of assignment. c. The DGHR may accept or reject the recommendation made by DS for the proposed assignment to a critical HUMINT threat post. Upon request, DS must provide any pertinent information regarding the recommendation to the DGHR; d. The Office of Personnel Security and Suitability (DS/SI/PSS) reviews the background investigations of all contractors and employees of contractors proposed for assignment to critical HUMINT threat posts. DS uses the provisions of 12 FAM 263.3-2, paragraph b, Critical Human Intelligence Threat Posts, 12 FAM 570, Industrial Security Program, and 12 FAM 230, Personnel Security, as a basis for adjudicating final determinations on suitability. When there are CI concerns, DS/SI/PSS forwards the investigation to DS/ICI/CI. DS/ICI/CI reviews the investigation and offers a recommendation to DS/SI/PSS. DS/SI/PSS makes the final determination and forwards it to the Industrial Security Division (DS/ISP/IND) to provide to the bureau requesting the contractors assignment to a critical HUMINT threat post; e. The RSO or PSO must provide CI briefings to locally employed U.S. citizens under COM authority and ensure that FSNs and TCNs are briefed in accordance with the FSN briefing program; f. The RSO or PSO must conduct a CI awareness refresher briefing with all employees annually. The RSO or PSO should make these refresher briefings available to adult dependents on a voluntary basis; g. The RSO or PSO must conduct a routine departure security debriefing for all employees and contractors completing a tour of duty at a post prior to the employees or contractors departure. The debriefing must include a discussion of CI matters. Should the RSO or PSO obtain information of a CI concern, he or she must forward a copy of the debriefing to DS/ICI/CI, which must forward a copy to the parent agency; and h. The RSO must notify DS/ICI/CI and the RSO at a gaining post of personnel transfers and then, schedule debriefings. All employees completing a tour of duty must receive a special in-depth CI debriefing conducted by DS/ICI/CI or, in the case of direct transfers, by the RSO or PSO of the gaining post. All contract personnel must receive a special CI debriefing by either DS/ICI/CI or the contractor. All TDY employees must receive a special CI debriefing upon completion of the TDY conducted by DS/ICI/CI or, in the case of TDY from one post to another, by the RSO or PSO of the post of their residence. Employees or contract personnel of UNCLASSIFIED (U)
12 FAM 260 Page 11 of 19
UNCLASSIFIED (U)
agencies other than those of the Department who are returning to Washington, DC, must receive debriefing from the security office of their parent agency; when transferring between posts, the RSO or PSO at the gaining post must debrief other agency personnel to report security concerns or information of interest to their agency or to future travelers. The RSO or PSO should send copies of all special debriefings to the Diplomatic Security Counterintelligence Division (DS/ICI/CI), which will forward a copy to parent agencies. PSOs must also send a copy to the RSO. The RSO must notify DS/ICI/CI and the RSO at a gaining post of personnel transfers so that debriefings can be scheduled.
UNCLASSIFIED (U)
UNCLASSIFIED (U)
not have diplomatic relations, which are both listed in the SETL.
UNCLASSIFIED (U)
UNCLASSIFIED (U)
information (SCI) have no additional travel obligation. h. The Department encourages spouses, domestic partners as defined in 3 FAM 1610, and adult dependents of employees to advise the RSO, PSO, or DS/ICI/CI, as appropriate, of their personal travel, and receive any available defensive security briefings, especially those at their post of residence.
UNCLASSIFIED (U)
UNCLASSIFIED (U)
12 FAM Exhibit 262.3-1 ACKNOWLEDGEMENT OF POLICY GOVERNING OFFICIAL AND PERSONAL RELATIONSHIPS WITH CERTAIN FOREIGN NATIONALS AND CONTACT REPORTING RESPONSIBILITIES (FORMAT)
(CT:DS-178; This is to acknowledge that: I have been briefed on this policy and understand my responsibilities to report contacts and associations with individuals listed in 12 FAM 262.1, paragraph b; I understand that this policy applies abroad to all U.S. citizen employees of the U.S. Government, civilian or military, including contract employees, whether permanently assigned or TDY, who are under the authority of a chief of mission. Domestically, this policy applies to employees and contractors of the Department of State; I understand that my failure to comply with this policy provides grounds for appropriate disciplinary action and/or suspension of my security clearance; I understand that I should caution my adult dependents about the potential threat from foreign intelligence services and encourage them to report any attempts by foreign nationals to exploit them; I understand that if I have any questions regarding this policy, I should raise them with the regional security officer or post security officer while abroad and the Department of States Bureau of Diplomatic Security Counterintelligence Division (DS/ICI/CI) when in the United States. Signature Signature Date 05-31-2012)
Employee Name (typed or printed) Witnessing Officials Name and Title Position Post/Bureau Agency
UNCLASSIFIED (U)
UNCLASSIFIED (U)
UNCLASSIFIED (U)
UNCLASSIFIED (U)
UNCLASSIFIED (U)
UNCLASSIFIED (U)
12 FAM EXHIBIT 264.2 NOTIFICATION OF PERSONAL TRAVEL TO CRITICAL HUMAN INTELLIGENCE THREAT POST/COUNTRY (FORMAT)
(CT:DS-176; NOTE: This Information Is To Be Sent Via Classified Means Only. Do NOT Send This Information Via OpenNet/Intranet or Unclassified Transmission. Transmission Via Unclassified Means May Be Considered a Mishandling of Classified Information, per 12 FAM 550, Security Incident Program. Contact the Regional Security Office for assistance. SECRET/NOFORN (When Completed: Use only on the appropriate classified system(s)) DATE: TO: FROM: TAGS/TERMS: SUBJECT: (RSO; PSO; DS/ICI/CI) (Name/Agency) (Post/Section) ASEC (and others as appropriate, such as country TAGS) Personal Travel to Critical Human Intelligence Threat Post Country(ies) 05-23-2012)
In accordance with 12 FAM 264.2, Procedures, you are hereby advised of the intended travel to a country with a critical human intelligence threat post. Missions in countries to be visited will respond to this notification only if there is objection to the trip or any aspect thereof. 1. 2. 3. 4. 5. Name of Traveler: Date/Location of Birth: Passport Number and Type: Employing Department or Agency: Title/Functional Position:
UNCLASSIFIED (U)
7. 8. 9.
Purpose, itinerary, dates, and means of travel: Address in each country on itinerary: Tour, group, or traveling companions:
10. If traveler or companion has relatives or friends in countries on itinerary, give name, relationship, address, and phone number (if known) and indicate whether contact is to be made: 11. If, under the laws of the country(ies) to be visited, the traveler has been or might still be a citizen of that country, please give details: You may also give additional details as appropriate. Derived from: 20XX STATE XXXXX, Subject: Security Environment Threat List, dated xxxxx Source Marked: xx/xx/xxxx SECRET/NOFORN (When Completed)
UNCLASSIFIED (U)