Sections

1. 1. Purpose Section
2. 2. Legal Basis Section
3. 3. General Provisions Section
4. 4. Appointment Requirements Section
5. 5. Qualifications Section
6. 6. Retention of Individuals Who Have Completed Their Minimum Overseas Tour Section
7. 7. Processing Appointees Section
8. 8. Transportation Expenses Section
9. 9. Applicability of Other Laws and Orders Section
10. 10. Interpretations and Exceptions Section
11. 11. Effect on Other Orders

SECTION 1. PURPOSE.

The purpose of this order is to outline the provisions of the laws, regulations, and policies which apply to the employment of personnel of the Department of Commerce outside the continental limits of the United States, except employees assigned to *a project under a project agreement with the Agency for International development,* who are covered by the provisions of Administrative Order No. 202-31 (Revised).

SECTION 2. LEGAL BASIS.

.01 Appointments: The following designated appointing authorities will be used in connection with filling positions in overseas areas:

1. Competitive Appointments - Except as provided in subsections 2, 3 and 4 hereof, all appointments to positions in overseas areas will be made on a competitive basis through selection from Civil Service registers, or by selection of a present or former Federal employee through noncompetitive action.

2. Excepted (Schedule A) Appointments - Appointments under the following provisions of Schedule A may be effected in accordance with the terms of the specific Schedule A may be effected in accordance with the terms of the specific Schedule A exception:

(1) Section 6.101 - Various provisions of this section, e.g., (g), (k), and (o) (see Federal Personnel Manual, Chapter Z-1-237 - 240).

(2) Section 6.112 -

a (a) (2) Agents to take and transmit meteorological observations, Weather Bureau

b (a) (3) Employment in connection with special statistical compilations

c (a) (5) Scientific and technical positions for duty in the Antarctic

d. (c) (1) Vessel positions in the Coast and Geodetic Survey

e (c) (2) Field party positions in the Coast and Geodetic Survey

f (d) Supervisors, assistant supervisors, supervisors' clerks, and enumerators in the field service, Bureau of the Census

g. (f) Temporary, intermittent, or seasonal employment in the field service of the Bureau of Public Roads

h (k) (1) Meteorological aid positions in the Weather Bureau at the following stations in Alaska: Barrow, Bethel, Kotzebue. McGrath, Northway and St. Paul Island

i. (k) (3) Cook positions on Swan Island

(NOTE: The above-listed exceptions under Schedule A merely indicate the types of positions, bureaus, and specific locations at which excepted appointments may be made. Tenure, salary, or other limitations also may be applicable to a particular exception.)

3 Other Excepted Appointments -

(1) 64 Stat. 370; 15 U. S. C. 285 - Appointment of employees in the National Bureau of Standards in connection with the conduct of operations on radio propagation phenomena in the Arctic region.

(2) 62 Stat. 286; 15 U.S.C. 327 - Appointment of employees in the Weather Bureau in connection with the conduct of meteorological observations in the Arctic region.

4 Overseas Limited Appointments - When authorized by the Civil Service Commission under Civil Service Rule 08. 2. persons residing in the United States may be given an overseas limited appointment. Such authority may also be utilized for appointment of United States citizens residing overseas (see Federal Personnel Manual Chapter X-I-55 - 58).

5 Appointment of Experts and Consultants - Experts and consultants may be employed as authorized by Section 15, Public Law 600, 79th Congress (5 U. S. C. 55a), at a rate authorized *in a current appropriation act or other act applicable to the primary organization unit* (see Administrative Order No. 202-41).

6 Restriction on Use of Competitive Appointment Authority - An appointing officer may not fill any excepted position specifically provided for in Schedules A, B or C by appointment under the competitive Civil Service regulations, unless such action is required for the purpose of restoring an employee who was formerly in the competitive service to the roll after his successful appeal from separation, or upon his return from military service or defense transfer. Civil Service Commission *instructions covering procedures to be followed in filling excepted positions must be complied with in all respects in filling any position excepted from the competitive service under Schedules A, B or C (see Chapter A- 7-1 -7 of the Federal Personnel Manual). *

.02 Position Classification: All positions overseas are subject to the Classification Act, as amended, unless authority exists for a specific exception to that Act, e.g., Public Law 600, 79th Congress (5 U.S.C. 55a).

.03 Other General Laws and Regulations: Employment overseas is subject to the following additional laws and regulations, among others:

1 The Veterans' Preference Act of 1944 (58 Stat. 387, as amended; 5 U.S.C. 851).

2 Section 1310 of the Supplemental Appropriation Act, 1952, (Public Law 253, 82nd Congress; 65 Stat. 757) as amended by Section 602 of Public Law 763, approved September 1, 1954 (68 Stat. 1115), commonly referred to as "The Whitten Amendment."

3 Public Law 737, approved August 31, 1954 (68 Stat. 1008; 5 U.S.C. 73b-3), relating to payment of travel expenses in connection with return of an employee to his place of residence for leave upon completing an agreed tour of service at an overseas post of duty. Bureau of the Budget Circular No. A-56, dated April 30, 1962, prescribes regulations on travel and transportation expenses in connection with leave between tours of duty.

4 The Act of October 26, 1949, (63 Stat. 907; 5 U.S.C. 596a) which authorizes the furnishing to employees of the Department and their dependents in Alaska and other points outside the continental United States free emergency medical services and supplies.

5 Executive Order 10450 (18 F. R. 2489), as amended, relating to "Security Requirements for Government Employment."

6 Administrative Order No. 202-25, "Allowances and Salary Differentials."

SECTION 3. GENERAL PROVISIONS:

.01 "Continental limits of the United States" refers to the 48 states, exclusive of Alaska and Hawaii, and the District of Columbia (see 38 Comp. Gen. 447).

.02 Recruitment: All positions outside the continental limits of the United States, except those listed in Section 2.01 2, 3, and 5, and those * required in connection with projects conducted by the Department under a project agreement with the Agency for International Development* are in the competitive Civil Service and will be filled in accordance with the provisions of Chapter X-1 of the Federal Personnel Manual. Excepted appointments may be made under the authorities listed in Section 2.01 2 to any position specifically covered by the terms of the excepted authority. The recruitment of persons residing in areas outside the continental limits of the United States, including noncitizens, is encouraged to the maximum extent practicable and will conform as closely as possible to local prevailing laws, customs, and practices. In all cases, such individuals will be treated with dignity and fairness. If local sources are inadequate, personnel may be recruited in the United States, subject to the requirements of Section 5 of this order. In general, recruitment of personnel in the United States for duty overseas will be limited to supervisory positions and those requiring scarce categories of skills.

.03 Hours of Duty: The administrative workweek and official hours of duty will be established by the head of each primary organization unit for all employees subject to the provisions of the Federal Employees Pay Acts of 1945 and 1946 (59 Stat. 295; 60 Stat. 216; 5 U.S.C. 901) in accordance with Section 4 of Administrative Order No. 202-37.

.04 Remote or Unpopulated Areas: In view of the special conditions which may occur on expeditions or assignments to remote or relatively unpopulated areas, such as the Arctic and Antarctic, it may be impractical to apply, in full, the provisions of this order. Necessary modifications may be requested of the Director of Personnel to fit such circumstances.

.05 Allotments: Primary organization units are authorized to permit employees to make allotments from their compensation for the purposes and under the conditions set out in Administrative Order No. 202-52.

.06 Compensation for Disability or Death: All overseas employees, including aliens and natives, are eligible for injury or death compensation benefits under the provisions of the Federal Employees' Compensation Act of September 7, 1916 (39 Stat. 742, as amended; 5 U.S.C. 751-793. See also Administrative Order No. 202-19).

.07 Loyalty and Security: The same procedures and standards for investigation, determination of findings, appeals, and decisions that are utilized by the Department in the United States will be used for overseas employees recruited in the United States and for employees recruited overseas, except as otherwise authorized by the Civil Service Commission upon recommendation of the Office of Investigations and Security.

.08 Medical Care: Insofar as practicable, primary organization units will furnish to employees of the Department of Commerce and their dependents, in Alaska and other points outside the continental United States, free emergency medical services by contract or otherwise and free emergency medical supplies, where in the judgment of the primary organization unit, furnishing of such services and supplies is necessary (see Administrative Order No. 201-10).

*.09 Burial Expenses: Under the Act of July 8, 1940, 54 Stat. 743 (5 U.S.C. 103a), and Executive Order 8557 of September 30, 1940, expenses of preparing and transporting the body of an employee who dies while officially stationed in a territory or possession of the United States, or in a foreign country, shall be paid by the primary organization unit unless the provisions of some other law, e.g., the Federal Employees' Compensation Act, are applicable. In addition, the cost of returning the dependents of the employee, his household goods, effects, and other personal property, to his former home shall be paid by the primary organization unit.

The Act of July 15, 1954 (68 Stat. 479; 5 U. S. C. 103c), authorizes the payment of the cost of transportation of the remains of a dependent of an employee residing with the employee at a place outside the continental limits of the United States or in Alaska to such person's home or to such other place determined to be the appropriate place for interment (see Sections 8.03 and 8.04 of Administrative Order No. 202-19 (Revised)).*

.10 Leave: The provisions of the Annual and Sick Leave Act of 1951, 65 Stat, 679, as amended (5 U.S.C. 2061-2066), and the provisions of the Uniform Annual and Sick Leave Regulations (5 C. F .R. 30) will apply to all overseas employees. These and related provisions are set forth for convenient reference in Chapter L-1 of the Federal Personnel Manual. Administrative Order No. 202-17 (Revised), "Leave of Absence," states the policies of the Department respecting leave which are applicable to overseas employees.

.11 Retirement and Social Security Coverage: Employees of the Department who are United States citizens and are employed overseas are subject either to the Civil Service Retirement Act or the old age and survivors insurance provisions of the Social Security Act in the same manner as similarly appointed employees in the United States. See Administrative Order No. 202-14, "Retirement of Employees" and Administrative Order No. 202-49, "Social Security Coverage.")

.12 Salary Differentials and Allowances: An employee will be paid salary differentials and allowance s in accordance with applicable laws and regulations. These rates are prescribed by the State Department and published in the Manual "Standardized Regulations (Government Civilians, Foreign Areas)." Differential and allowance rates are subject to change without notice as overseas conditions change.

.13 Conduct: The importance of building up good personal relations between foreign national and Americans who live and work overseas cannot be overestimated. Americans who serve their country abroad must keep in mind that they are essentially guests of the host country, and, as guests, are obligated to display normal good manners. Employees who serve overseas and their immediate families will be subject to such regulations and instructions as may be issued by the senior United States diplomatic official in the country concerned, or his designated representative. The subject matter of such regulations and instructions will, in part, pertain to the importation and disposal of personal property the acquisition and conversion of local currency and the importation, operation and disposal of motor vehicles, both official and those privately-owned by employees overseas. The development of such regulations and instructions will embody guides set forth in Attachment B. In overseas areas where such regulations and instructions have not yet been issued the employee's conduct will be governed by guides set forth in Attachment B.

SECTION 4. APPOINTMENT REQUIREMENTS:

.01 Appointments: Appointments to competitive positions in overseas areas maybe made on an unlimited or indefinite basis, or where circumstances justify, on a temporary basis. Appointments to excepted positions will be subject to the limitation specified in the excepted authority under which appointments are made. The length of duration of an appointment is not affected by the fact that a minimum period of service may be specified by the primary organization unit for the purpose of authorizing travel at Government expense.

1 Minimum periods of service - The minimum period of service shall be 2 years except as determined by the primary organization unit (see Section 8.02);

2 Conditions of employment and transportation - In order that each employee may be advised as to the conditions under which the Department undertakes to transport him to an overseas post and for his return at Government expense, and in order also to avoid misunderstanding as to the terms of his employment in the overseas area, he shall execute a form of agreement. Form CD-70, "Standard Conditions of Employment for United States Citizens Stationed at Overseas Posts," (Attachment A) shall be used except for employees assigned to Agency for International Development projects. Form CD-70A, "Standard Conditions of Employment for United States Citizens Assigned to AID Projects at Overseas Posts," will be used for this class of employees (see Administrative Order No. 202-31 (Revised)). The original of Form CD-70 will be placed in the employee's official personnel folder, and a copy will be given to the employee.

If an employee completes the required period of service, he becomes eligible to return to the United States at Government expense and is discharged from any liability for transportation expenses to the overseas station. However, if an employee fails to complete the period of service agreed to by him, he will be required to bear certain costs of travel and transportation as explained in Section 8.

Any special conditions contained in agreements currently in effect upon receipt of this order will remain in effect during the period of agreement. An employee will not be required to sign a later agreement because of amendments to this order made necessary by changes in laws or regulations.

3 Passports - A passport is required of a citizen of the United States or a person who owes allegiance thereto for entry into all countries or areas outside the United States, except Canada and the territories and possessions of the United States. A certificate of Security Clearance must be obtained from the Security Officer of the Department for any United States citizen employee assigned to an overseas post before a passport will be issued by the State Department. Questions as to the necessity of a passport for any specific island or country should be referred to the Department of State.

SECTION 5. QUALIFICATIONS:

.01 Age: Age requirements for employees recruited in the continental United States for overseas duty will be the same as those applied for service within the United States, except that all employees must be at least 18 years of age. The Office of Personnel may establish other reasonable minimum or maximum age standards for recruitment in the United States when the conditions of the post warrant such action and when such standards are not inconsistent with law or regulation.

.02 Citizenship: When recruiting personnel for permanent assignment overseas, it is the policy of the Department to utilize the services of United States citizens, except where the desired qualifications, skill, training or experience are not available in a citizen applicant, but are available in non-citizen applicants. Where specific provisions of law {e. g., 13 U. S. C.22) require that officers and employees shall be citizens of the United States, the foregoing exception will not apply.

.03 Physical Qualifications: Physical qualifications as outlined in the Federal Personnel Manual for employees in the competitive service are applicable to employees assigned to overseas duty. Requirements of the various overseas posts will determine the type of immunization to be given each employee.

.04 Selective Service Requirements: Pursuant to instructions contained in Local Board Memorandum No. 10, Selective Service System, employees who are registered with Selective Service Boards will request a "Permit to Leave the United States" from their local board prior to departure. Where desirable, the primary organization unit may request the local board to issue such a permit. Employees who are members of the reserve components of the Armed Forces will request permission to leave the United States from the appropriate military commands.

SECTION 6. RETENTION OF INDIVIDUALS WHO HAVE COMPLETED THEIR MINIMUM OVERSEAS TOURS:

In general, it is desirable that qualified employees of the Department in overseas areas, whose services,* conduct, and character are regarded as fully* satisfactory, be retained by the overseas post as long as their services are needed. The continued utilization of such personnel will normally be of advantage in that they are immediately available and do not require the orientation training needed by new recruits. For the above reasons, overseas posts should encourage such personnel to continue to serve in their current localities prior to requisitioning replacements to be recruited in the United States.

SECTION 7. PROCESSING APPOINTEES:

The offices to which recruiting duties have been assigned will be responsible for carrying out pre-selection activities. Detailed requirements on loyalty and security clearance, as contained in the Federal Personnel Manual and the Department's orders, must be completed before final appointment is made.

SECTION 8. TRANSPORTATION EXPENSES:

.01 Transportation to Post of Duty: Under the provisions of Public Law 830, 81st Congress (60 Stat. 808, as amended; 5 U.S.C. 73b-3), expenses of travel and transportation in connection with the appointment or transfer of officers and employees to posts of duty outside the continental limits of the United States will be allowed only when the person selected for the assignment agrees in writing to remain in the Government service for a specified period of one to three years following his appointment {see Section 8. 02). In the event the employee fails to complete one full year of service under the above-mentioned agreement, any moneys expended by the Department because of such travel and transportation will be recoverable from the individual concerned as a debt owed to the United States.

.02 Return Transportation to the United States upon Completion of Assignment: To be eligible for return transportation at Government expense to the continental United States from a post of duty outside the continental limits, employees must continue to serve as employees of the Department for a minimum period of two years after the date of their arrival at the post of duty and after completion of any formal training period required by the primary organization unit; provided, that a primary organization unit may establish a different minimum period for reasons which it considers will promote the efficiency of the service. A renewal tour of duty may be fixed to exclude from the established period for the overseas post, the time used by the employee on the immediately preceding home leave trip provided the renewal tour of duty is at least 12 months (37 Comp. Gen. 62.).

.03 Exceptions:

1 Exceptions to the conditions specified in Sections 8.01 and 8.02. may be made by primary organization units (I) where an employee is separated or returned to the United States or to his original overseas post of duty if he has been reassigned to a second overseas post, for reasons beyond his control and acceptable to his primary organization unit, prior to the completion of his required period of service at the assigned post of duty, or (2) when such return is clearly to the advantage of the Government of the United States. (Separation from the service for reasons due to misconduct or delinquency or to false statements on appointment documents, either prior to or subsequent to appointment, will be considered as a separation for reasons within the control of the employee.) Also separation to obtain medical or dental treatment in the United States will be construed as a voluntary separation within the control of the employee if he failed to take and pass a medical or dental examination established as a requirement by the primary organization unit for overseas employment. A record of any exceptions made, together with a full statement of the reasons therefor, shall be maintained by the central personnel office of each primary organization unit and kept available for inspection.

2 This section. except subsections .06 and .07, is not applicable to employees whose appointments or assignments to positions outside the continental United States are limited for a period not to exceed one year or less.

3 Vessel employees of the Coast and Geodetic Survey who execute Articles of Employment for Vessel Employees of the Coast and Geodetic Survey. Form No.366, are not subject to the provisions of this section.

.04 Transportation to Place of Residence for Leave: Public Law 737, 83rd Congress (68 Stat. 1008; 5 U.S.C. 73b-3), approved August 31, 1954, authorizes the payment of expenses of round-trip travel of an employee and transportation of his immediate family from an overseas post of duty to place of actual residence for the purpose of taking leave prior to serving another tour of duty at the same or some other overseas post. The following conditions shall be applicable to the payment of travel or transportation expenses in connection with the return of an employee to his place of residence for leave:

1 The employee must have completed the period of service applicable to the overseas post to which he is assigned;

2 The employee must agree to serve another tour of duty at the same or some other overseas post prior to departure from his overseas post for leave at his place of actual residence;

3 The employee's household effects shall not be moved at Government expense from the overseas post to the place to which he returns for leave;

4 The employee shall be indebted to the Government for travel and transportation expenses for himself and his immediate family paid by the Government in connection with his return to place of residence for leave and return to the same or another overseas post of duty, if he fails to complete one full year of the period of service specified in the new agreement which he signed prior to taking leave. In addition, if he has turned to a different overseas post, he shall be indebted for any amounts that may have been spent in transporting from the former overseas post to the new overseas post (1) members of his family who did not return with him to his place of residence and (2) household goods and personal effects, including amounts spent for packing. crating, drayage, unpacking and temporary storage.

The employee shall be indebted to the Government for expenses of transporting himself, his immediate family and his household goods and personal effects from his overseas post of duty to place of residence if he completes one year or more, but less than the full period, of service specified in the agreement.

The employee's indebtedness to the Government as herein indicated shall be subject to such adjustments as may be found appropriate on the basis of the employee having completed the full period of service under the previous agreement (37 Comp. Gen. 502).

An employee, however, may be relieved from indebtedness to the Government where he fails to complete the period of service specified for the overseas post if his separation is due to reasons beyond his control which are acceptable to the head of his primary organization unit;

5 Where husband and wife are both employed in the immediate geographic area by the same or different agencies of the United States Government, they shall be allowed payment of travel and transportation expenses, provided they are otherwise eligible, either on an individual basis, or by one member taking the role of the head of the household with the other member as the spouse. If they elect to receive travel benefits individually, members of the household shall not benefit twice, i.e., the husband may not bring back members of the family upon his completing the prescribed tour of duty and the wife later bring back the members of the family at Government expense. Where one member assumes the role of spouse in connection with return to place of residence, per diem in lieu of subsistence will not be paid to the spouse. However, if the spouse is eligible for free travel time under the Annual and Sick Leave Act of 1951, as amended, no charge will be made for the time spent in traveling to place of residence and return to the overseas station;

6 "Free" travel time for return to place of residence shall be allowed only if the employee is entitled thereto under Section 203(e) of the Annual and Sick Leave Act of 1951 (34 Comp. Gen. 328; 35 Comp. Gen. 244);

7 Travel allowances for an employee returning to his place of residence for leave shall include per diem in lieu of subsistence from his overseas post of duty to his place of actual residence at time of appointment or transfer to the overseas post and from such place of residence to the same or another overseas post. Per diem shall not be paid to an employee while he is in a leave status at his place of residence. Per diem is authorized for home leave travel regardless of whether the employee is eligible for free travel time under the provisions of Section 203(e)of the Annual and Sick Leave Act (35 Comp. Gen. 244);

8 If leave is taken at a location other than the place of actual residence, the travel and transportation expenses allowed shall not exceed those allowed over a usually traveled route between the overseas post of duty and the place of actual residence and return there from to the same or another overseas post. Designation of a place other than actual residence to which the employee desires to return for home leave ordinarily should be specified by the employee in advance of the travel (37 Comp. Gen. 113);

9 Home leave travel and transportation expenses may be allowed to an employee who transfers from another agency, provided he has completed the required period of service under his employment agreement and that he executes a new employment agreement prior to departure from his post (35 Comp. Gen. 655); and

*10 Home leave travel is restricted to the country, territory or possession, in which the employee's residence is located. The mere stopping off of an overseas employee at or near his place of residence in the United States incident to a global tour may not be regarded as a return to the place of actual residence for the purpose of taking leave prior to serving another tour of overseas duty (41 Comp. Gen. 146}.*

.05 Place of Actual Residence: The primary organization unit will make a determination as to the place of actual residence of an employee prior to his departure for an overseas assignment or upon acquisition of an employee at an overseas station. The place of actual residence claimed by the employee will be subject to review and correction by appropriate administrative officials, who will give consideration to such factors as (1) legal residence, (2) length of residence at the place where the employee is stationed prior to departure for the overseas post, or at a former post, (3) property ownership, (4) place where dependents maintain permanent residence, and (5) other facts pertinent to the determination. An administrative determination of the place of actual residence based on reasonable grounds ordinarily will not be questioned by the General Accounting Office (35 Comp. Gen. 244). The place of actual residence thus established will be the place to which payment of transportation expenses will be authorized either upon conclusion of the tour of duty of the employee or upon his return from his overseas post for the purpose of taking leave. No change shall be made in the place of actual residence as long as the employee's service overseas is continuous, nor will it be affected by the establishment of a voting residence in another state or United States territory. An abandonment of his United States residence after appointment or transfer will not affect the determination as to place of actual residence established in accordance with the provisions of this section (37 Comp. Gen. 846). If the employee returns from a post of duty outside the United States for permanent duty assignment and is subsequently assigned to an overseas post, an administrative determination will be made at that time as to his place of actual residence on the basis of the facts then existing. The copy of the agreement maintained in the Official Personnel Folder for the employee should be appropriately noted to show that the place of actual residence indicated thereon has been approved by a responsible official of the organization unit.

.06 Travel Allowances: The maximum per diem allowance payable in lieu of subsistence to civilian employees of the Department while traveling on official business outside the continental United States and away from their designated posts of duty is the maximum prescribed by the President for the locality in which the travel is performed, as set forth in the Standardized Government Travel Regulations.

.07 Travel Status:

1 Employees assigned to temporary duty outside the continental limits of the United States for periods of two months or less or who will be in a constant travel status will continue to have "headquarters" shown in the United States and be eligible for per diem in lieu of subsistence for the period of such duty in accordance with the provisions of Section 6 of the Standardized Government Travel Regulations. Where the period of temporary duty at, or assignment to, an overseas post will be in excess of two months, consideration should be given to effecting a change in official station or a reduction in the rate of per diem. Prior approval of the Office of Personnel should be obtained in any case where (a) employee's stay at a temporary duty post will exceed six months and (b) a change in official station is considered unwarranted by the particular circumstances. The request should be supported by the following facts and information:

(1) Need for employee's services at the temporary duty station,

(2) Estimated additional period beyond six months the employee's services will be required,

(3) Whether a reduction in per diem was effected after the first two months of service at the temporary post, and whether a reduction in per diem will be made for time spent at the temporary post beyond six months, and

(4) Comparative cost to the Government of payment of per diem in lieu of subsistence, in contrast to payment of post allowance, post differential, quarters allowance and other payments normally received at the overseas post;

2 While in an official travel status, including time en route to and from the assigned post of duty, the employee will be in a pay status during the hours established by the Department as his scheduled workweek. No pay is authorized for time spent in official travel in excess of this period during any calendar week. However, where separation occurs at the post of duty, pay will cease as of the date of separation, and payment of transportation expenses will be dependent upon the circumstances of the employee's separation.

.08 Transportation Expenses of Immediate Family Prior to Return of Employee: When an employee has completed an agreed upon period of service at an overseas post of duty, or when it is determined by the head of the primary organization unit that there are compelling personal reasons of a humanitarian or compassionate nature such as may involve physical or mental health, death of any member of the immediate family or obligations imposed by authority or circumstances over which the individual has no control, the employee may be allowed one-way transportation expenses for returning his immediate family and his household goods and personal effects from his overseas post of duty to his place of actual residence.

When an employee voluntarily returns his immediate family to his place of residence prior to the completion of the agreed upon period of service, he shall bear the transportation costs involved in such return. Reimbursement by the Government for travel and transportation expenses paid by the employee will be made at such time as the employee becomes eligible for return at Government expense through completing the period of service prescribed for the overseas post at which he is serving.

SECTION 9. APPLICABILITY OF OTHER LAWS AND ORDERS:

.01 The provisions of this order are subject to modification by changes in pertinent statutes, regulations, and other controlling administrative issuances. In such case the applicable provision or provisions of this order will be considered automatically amended or superseded thereby, effective on the dates specified therein.

.02 Except as otherwise provided herein, employees of the Department employed overseas will continue to be governed by all other orders of the Department which are not clearly inapplicable by reason of the nature or circumstances of the employment.

SECTION 10. INTERPRETATIONS AND EXCEPTIONS:

.01 Questions relating to the interpretation of provisions of this order should be referred to the Office of Personnel for clarification or decision.

.02 Within the limits of administrative discretion permitted to the Department, exceptions to the provisions of this order may be granted from time to time in unusual cases by the Director of Personnel or his authorized staff representative, whenever the facts indicate that such an exception would promote the efficiency of the service. Each request for such an exception shall be submitted in writing and shall contain a full statement of the justification for the request.

SECTION 11. EFFECT ON OTHER ORDERS:

This order supersedes Administrative Order No. 202-7 (Revised) of February 19, 1959, as amended.

Signed by: Director of Personnel

Approved by: Assistant Secretary for Administration

NOTE: Copies of Attachment A may be obtained by calling (202) 482-5481

DAO 202-301(Revised) ATTACHMENT B (Revised) September 16, 1963

GUIDES PERTAINING TO PERSONAL PROPERTY, MOTOR VEHICLES AND FOREIGN CURRENCIES

A. General.

1. Regulations and procedures devised for application at the country level will be consistent with regulations, customs and practices of the host country.

2. However, personnel shall not engage in any practices in the transaction of personal business abroad which may bring discredit on themselves or the United States Government.

B. Guides Pertaining to Personal Property

1. Personal property shall be imported for the employees' use while at the post or station and not for sale.

2. Advance approval of the designated control officer, officers, or committee (hereinafter referred to as the "designated control authority") shall be obtained for:

a. Importation of items of high resale value after first installation shipment;

b. Sale or other disposal of personal property to other than United States Government personnel in extraordinary situations such as the transfer of the officer or employee from his place of assignment and then on condition that applicable local duties, taxes, or levies will be paid in compliance with local laws and regulations.

3. Sale of personal property usable world-wide such as photographic equipment, wrist watches, silverware, or firearms, shall be restricted. This list will vary from country to country and it is assumed that a common sense rule will prevail.

4. Control shall be exercised over initial purchase and resale of items acquired through United States Government-operated commissaries and post exchanges. Resale of consumables to locals by Americans or by local employees of the United States Government when they have commissary and post exchange privileges shall be prohibited.

5. Control shall be exercised over importation of highly salable commodities through United States Government channels of entry such as diplomatic pouch, APO and FPO parcel post, attache and special mission planes.

6. Undignified sales practices, such as auctions, "fire sale" type advertising, or use of employee's title or connection with United States Government, shall be prohibited.

C. Guides Pertaining to Motor Vehicles

1. Vehicles should be appropriately inconspicuous and unostentatious.

2. Uniform and mandatory motor vehicle inspection programs will be established to ensure highest standards of mechanical safety.

3. Driving permits and license plates will be issued only upon the successful completion of stringent driver-testing programs.

4. Appropriate restrictions on operation of vehicles by minors will be imposed.

5. Special markings on United States privately-owned vehicles will be curtailed.

6. Adequate liability insurance coverage with a reliable firm will be a prerequisite to the licensing of private motor vehicles. The reliability of a firm will be determined, in part, by its reputation for prompt settlement of claims or its willing ness to guaranty prompt settlement of meritorious claims .

7. Where practicable, United States official vehicles will be inconspicuously painted and identified.

8. Consideration will be given to the suspension or withdrawal of driving permits of United States operators for reckless or drunken driving or negligence which causes death, bodily injury or substantial property damage.

9. Where appropriate, rationing or denial of tax-free gasoline will be initiated judiciously to limit operation of United States vehicles to conform to local situations.

10. Coordinated programs will be established to effect prompt settlement of claims arising from accidents involving United States vehicles, both under the provisions of United States claims legislation and those of vehicle insurance policies.

11. Sale of imported automobiles shall be limited to one per employee at a post except in circumstances which can be justified to and approved by the designated control authority.

D. Guides Pertaining to Foreign Currencies

1. Foreign currencies for personal use shall be obtained through United States authorized channels. Subsequent conversion of local currency to dollar instruments by United States Government Disbursing Officers, where permitted, shall be reasonable in light of conditions prevailing within the country of assignment and shall bear reasonable relationship to amounts of local currency acquired through United States authorized channels. Conversions of local currency to dollar or other instruments will not be made for United States citizens other than United States Government personnel or their dependents except through United States personnel specifically responsible for doing so as part of their official duties.

2. Payment of overseas post or station allowances shall be made in local currency to the extent that such expenditures are in local currency.

3. Advance approval of the designated control officer shall generally be obtained for conversion of proceeds of sale to dollar instruments. (This does not authorize conversion where presently prohibited.)