VZCZCXRO7467
RR RUEHIK
DE RUEHC #7242/01 3171450
ZNR UUUUU ZZH
R 131444Z NOV 09
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE
RUEHTRO/AMEMBASSY TRIPOLI 0841
RUEHRY/AMEMBASSY CONAKRY 2370

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