(Interim eff. 4/5/2013; final eff. 6/2/2013 with TL:SR 813)
used in these regulations:
"Adult dependent" for the purposes of this chapter includes
the employee's spouse or domestic partner and any members of the employee's family
as defined in Section 040m who are 21 years of age or older.
"Advance payment" means the monetary amount payable to an
employee ordered/authorized to depart or his/her designated representative in
advance of the date on which the employee would otherwise be entitled to be
"Day" means calendar day except when otherwise specified.
"Department" means any department of the Government of the United States of America,
any agency or independent establishment in the executive branch of the
Government, and any corporation in the executive branch wholly owned or
controlled by the Government.
"Dependent" means a member of the employee's family as defined
in Section 040m. Special factors
neither employee member of an assigned career or probationary career married
couple or domestic partnership should be forced to be evacuated in dependent
status. However, a career or
probationary career employee in leave without pay status (LWOP) may be
ordered/authorized to depart as a dependent
locally hired dependent employees should be evacuated or authorized to depart
as dependents unless the Chief of Mission
decides the position is essential, and the Department of State concurs in the
"Designated representative" means a person 18 years of age or
over who is named by an employee for the purpose of caring for, escorting, or
receiving monetary payments on behalf of a dependent.
"Evacuation" means the authorized or ordered departure from
post of an employee or dependent(s), or any of the circumstances outlined in
Section 610j herein. The terms
"evacuated" and "ordered/authorized to depart" are used
interchangeably in these regulations.
"Evacuation order" means either an oral or written
communication which authorizes or orders the departure from the post of assignment.
"Evacuation payment" or "evacuation/departure payment"
means a monetary amount payable to an employee, his/her dependents, or
designated representative during a period of ordered evacuation or authorized
"Evacuee" means an employee or dependent who, because of
military or other reasons in the national interest which create imminent danger
to the life of the employee or dependents;
has departed post of assignment under authorized or ordered departure status;
ordered or authorized to depart post but cannot leave the post because of
reasons beyond the control of the employee; and, in the case of an employee, is
prevented by circumstances beyond the control of the employee and beyond the
control of the Government from performing position duties; or
prevented from returning to the post while temporarily absent from post but
otherwise intended to do so.
“First Evacuee” means either employee or dependent for special allowance
calculations (See Section 632.1(a)).
amount" is the net amount of compensation including any allowances or
post differential due an employee after making all deductions authorized by
law, such as retirement or social security deductions, authorized allotments,
Federal withholding tax, and others, when applicable.
"Safehaven" as used in this chapter means: (1) a location or
place officially designated by the Secretary of State to which an employee
and/or dependents will be ordered or authorized to depart; or (2) an alternate
safehaven approved by the Secretary of State on a case-by-case basis when in
the interests of the U.S. Government.
official safehaven may be either a foreign safehaven or a U.S. safehaven, as
determined by the Secretary of State to meet the exigencies of the situation.
An evacuation order issued by the Secretary may designate both a foreign
safehaven and a U.S. safehaven, as circumstances dictate.
at a foreign safehaven are not entitled to diplomatic courtesies, immunities,
services and privileges accorded to the official American diplomatic community
assigned to the foreign safehaven. (Also
see Section 631a(1).)
expense allowance (SEA) means the daily monetary amount payable to assist
in offsetting direct added subsistence expenses of evacuees.
allowance means an additional allowance to offset the direct added expenses
incident to an ordered/authorized departure.
regulations govern the authority and procedures for paying employees who are
evacuated from assigned posts of duty, and for paying their dependents who are
evacuated, for military or other reasons which create imminent danger to the
life of the employees or their dependents or which otherwise are in the
regulations are issued under the authority contained in 5 U.S.C. 5521-5527 (The
Act of September 26, 1961 (P.L. 87-304, 75 Stat. 662)) as amended by the
Foreign Service Act of 1980 (P.L. 96-495) and Executive Order 10982 issued December
regulations cover the authority for an advance of pay following an
ordered/authorized departure, continuation of salary and allowance payments
during the period of ordered/authorized departure, and special allowances to
partially offset certain direct added expenses incurred as a result.
regulations apply to: (1) civilian
employees of the United States Government who are United States citizens or are
United States nationals, except as provided in Section 612.3, and (2) when and
to the extent determined by the Secretary of State, third country nationals,
i.e., civilian employees who are not citizens or nationals of the United States
and who are not citizens or nationals of the country in which the evacuated
post is located. Third country national
employees and/or dependents may be considered for evacuation travel to their
country of origin, point of hire, or designated foreign or U.S. safehaven if this is in the interest of the
regulations apply to evacuations from, or within, any area situated
outside: (1) the United States; (2) the Commonwealths of Puerto
Rico and the Northern Mariana Islands, and (3) any territory or possession of the
Employed American Citizens Not Covered
regulations do not apply to: (1) local United States citizens who do not have
official U.S. Government employment, including but not limited to Americans
with private business or organizations, teachers recruited by local
American-supported schools, Fulbright grantees, and individuals with contracts
to work for the foreign host government; or (2) locally hired American citizens
who work for the U.S. Government but who do not have an agreement for return
transportation to the United States at Government expense.
Employees and their dependents shall be entitled to be paid only if they meet
the requirements of these regulations.
Entitlement to payment shall cease on the date when the employee is
determined to be covered by the Missing Persons Act (50 App U.S.C. 1001 et
seq.), unless payment is earlier terminated under these regulations or unless
determined otherwise by the Secretary of State.
Benefits for uniformed military personnel and dependents are covered in the DOD
Joint Federal Travel Regulations (JFTR).
of Official Safehaven; Alternate Safehaven (Interim eff. 4/5/2013; final eff.
6/2/2013 with TL:SR 813)
official safehaven—foreign, U.S., or both (610l)—will be designated by the
Secretary of State as far in advance of any actual or possible evacuation as
practicable. Employees and/or their
dependents are expected to travel to an official safehaven if an evacuation is approved. (See Sections 631-633 for commencement and
payment of special allowances.)
When there is insufficient time for a written evacuation order due to the
nature of the danger, the Secretary of State must be notified as soon as
possible of the conditions that warrant the order so that an appropriate
safehaven may be authorized and payment of special allowances approved.
alternate safehaven may be approved by the Secretary of State under individual
circumstances when in the interests of the U.S. Government and shall be
effective no earlier than the date of request for an alternate safehaven.