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FOREIGN NATIONAL VISITOR AND GUEST ACCESS PROGRAM

DAO 207-12: FOREIGN NATIONAL VISITOR AND GUEST ACCESS PROGRAM
Number: DAO 207-12
Effective Date: 2006-04-12

SECTION 1. PURPOSE.

This Order sets forth Department of Commerce (the Department) policies and procedures for Foreign National Visitor and Guest access to DOC facilities.

SECTION 2. SCOPE.

.01 This Order applies to all DOC operating units, bureaus, and Departmental offices and to all Foreign Nationals who visit or are assigned to DOC facilities or activities. This Order also provides guidance for DOC organizations regarding information to be provided to the Office of Security (OSY) concerning Foreign National Visitors and Guests; the steps that must be taken to protect sensitive DOC information from unauthorized disclosure; and the requirement to report suspicious activities by any Foreign National that places a DOC facility, operations, or program at risk.

SECTION 3. DEFINITIONS.

.01 Agency Check - A procedure whereby a request is made to a U.S. Government agency to determine whether information exists on a particular Foreign National. Examples may include the FBI (Federal Bureau of Investigations), BICE (Bureau of Immigration and Customs Enforcement), Department of State and other appropriate agencies that maintain such information.

.02 Commerce Control List - The list of items (i.e., commodities, software, and technology) subject to the export licensing authority of the Bureau of Industry and Security.

.03 Controlled Technology - Technology that is required for the development, production, or use of items on the Commerce Control List.

.04 Countries of Proliferation Concern - Countries so designated by the Department of State for seeking advanced weapons capabilities that would present a threat to international security.

.05 Deemed Export - Any release of technology or source code subject to the Export Administration Regulations to a Foreign National within the United States. Such a release is deemed to be an export to the home country or countries of the Foreign National. This deemed export rule does not apply to persons lawfully admitted for permanent residence in the United States or to persons who are protected individuals under the Immigration and Naturalization Act (8 U.S.C. 1324b(a)(3)).

.06 Departmental Sponsor (DS) - A U.S. Citizen employee of the Department responsible for the day-to-day activities associated with the successful accomplishment of a foreign visit and for taking all reasonable steps to protect classified, Sensitive But Unclassified (SBU), or otherwise controlled, proprietary, or not-for-public release data, information, or technology from unauthorized physical, visual, and virtual access by a Foreign National Visitor or Guest.

.07 Escort " A U.S. citizen employee of the Department assigned the responsibility of accompanying a Foreign National Visitor or Guest who lacks authorized access within a facility in order to ensure adherence to security measures protecting classified, SBU, or otherwise controlled, proprietary, or not-for-public release data, information, or technology from physical, visual, or virtual access.

.08 Facility - An educational institution, manufacturing plant, laboratory, vessel, office building or complex of buildings located on a site that is operated and protected as one unit by the Department or its contractor.

.09 Foreign National " Any person who is not a citizen or national of the United States.

.10 Foreign Visit - Any access by a Foreign National to a DOC facility, regardless of the length of time involved. Foreign Nationals are, however, categorized as Visitors or Guests depending upon the length of their visit (See Section 4 .02).

.11 Lawful Permanent Resident - A non-U.S. Citizen living in the United States who has been granted the right to permanently reside and work in the United States; previously referred to as a Permanent Resident Alien or "green card holder."

.12 National Security - The national defense and foreign relations of the United States.

.13 Protected Person - A non-U.S. Citizen granted asylum under the Immigration and Naturalization Act (8 U.S.C. 1324b(a)(3)).

.14 Sensitive But Unclassified - Specific information that, while not classified, requires protection from disclosure.

.15 Servicing Security Office - A field office of the Office of Security that provides security services, support, and guidance to DOC organizations. A servicing security office may provide services and support to a single bureau or may provide services and support to all DOC organizations in a given geographical area.

.16 State Sponsors of Terrorism - Countries so designated by the Department of State as sponsors of groups and/or activities that support terrorism or terrorist activities and are on the List of State Sponsors of Terrorism.

.17 Technology - Specific information necessary for the development, production or use of a product; the information may take the form of technical data or technical assistance.

.18 Visa - A permit to enter the Unites States that establishes a particular status (immigrant/non-immigrant, student, exchange visitor, diplomat, etc.) evidenced by a stamp in the Foreign National's passport or his/her status as noted on Form I-94 or I-95. A Form I-94 (Arrival-Departure Record) or Form I-95 (Crewman's Landing Permit) shows the date a Foreign National arrived in the United States and the "Admitted Until" date " the date the authorized period of stay expires. A Foreign National receives a Form I-94 or I-95 upon arrival at a U.S. port-of-entry. Of note, a visa is not a guarantee that the Foreign National will be permitted to enter the United States. Final approval for a Foreign National to enter the United States rests with Bureau of Immigration and Customs Enforcement officials at the port-of-entry.

SECTION 4. CATEGORIES OF VISITS BY FOREIGN NATIONALS.

.01 Foreign Nationals are any persons who are not citizens or nationals of the United States.

.02 For the purpose of this Order, Foreign Nationals are categorized based on the length of their visit. The length of a visit is delineated by the date of initial arrival at and final departure from any and all facilities of a particular Departmental bureau or operating unit; e.g. a visit to a headquarters office one day and a field site on a subsequent day is single visit.

a. Visitors are those who are accessing Departmental facilities for three or fewer days or attending a conference of five or fewer days.

1. A conference is defined as a colloquium, seminar, or symposium sponsored by any Departmental bureau or operating unit for the specific purpose of exchanging information, knowledge, or views, no matter whether it is held in a Departmental facility.

2. A Foreign National attending a conference that requests a follow-on visit for three or fewer additional days will remain categorized as a Visitor.

b. Guests are those who are accessing Departmental facilities for more than three days. Guests are subject to a security check at the discretion of the Director for Security. Guests remaining beyond two years must undergo a security check conducted by the servicing security office. The servicing security office will notify Departmental Sponsors that those Guests are required to complete and sign the paperwork (SF-85; credit release, etc.) necessary to conduct the check. A Guest's failure to complete and sign the necessary paperwork will result in termination of the Guest's access to DOC facilities.

.03 This DAO does not apply to:

a. Lawful Permanent Residents or Protected Persons (both must present evidence of their status).

b. Foreign Nationals who are employees of DOC residing and working at DOC facilities outside of the United States.

c. Foreign National diplomats and senior government officials at the ambassadorial or vice-ministerial level or above who visit DOC officials for the purpose of high-level policy dialogue. The Departmental Sponsor (DS) will coordinate with the servicing security office to determine if a Foreign National meets the aforementioned criteria. Accompanying staff members or advance teams shall be treated as Visitors or Guests pursuant to this Order.

d. Foreign Nationals who visit DOC facilities during public events or activities, or in areas that are open to the general public (i.e., in circumstances that do not require visitors to pass through an access control point manned by security personnel, receptionists, or electronic screening devices). Facility managers must coordinate with the servicing security office to designate as public access any areas that require Foreign National Visitors or Guests to pass through an access control point, and must maintain written documentation of such designation.

SECTION 5. GENERAL PROVISIONS.

.01 Balance between openness and security. Because the Department recognizes the value of their contributions to U.S. scientific and technological efforts and other Departmental functions, it offers Foreign National Visitors and Guests access to its facilities, staff and information while engaged in a broad range of collaborative activities. This access, however, must be balanced with the need to protect classified, Sensitive But Unclassified (SBU), or otherwise controlled, proprietary, or not-for-public release data, information, or technology.

.02 Departmental Sponsor. The Departmental Sponsor (DS) is a U.S. Citizen employee of the Department who is charged with responsibility for the successful completion of a foreign visit and for taking all reasonable steps to protect classified, SBU, or otherwise controlled, proprietary, or not-for-public release data, information, or technology from unauthorized physical, visual, and virtual access by a Foreign National Visitor or Guest

.03 Departmental Sponsor Responsibilities. The DS is responsible for taking all reasonable steps to ensure that the conduct of, and activities for, their Foreign National Visitor or Guest are appropriate for the Federal workplace and comply with this Order. Prior to the arrival of a Foreign National Guest, the DS shall coordinate with the servicing security office to obtain a counterintelligence briefing that includes the contents of the Espionage Indicator Guide (Attachment 1) for employees of the sponsoring bureau within the work area encompassed by the foreign visit. Because of the frequency of foreign visits, these employees need only be briefed on an annual basis rather than each time a foreign visit occurs. The DS must read and sign a Certification of Conditions and Responsibilities for the Departmental Sponsor of Foreign National Guests (Attachment 2) and forward the certification to the chief administrative official or other appropriate senior bureau official responsible for administrative matter in the sponsoring bureau for review and endorsement. The DS must also:

a. Comply with all requirements for access approval and conduct, including providing timely, complete, and accurate information regarding the visit to the servicing security office. The servicing security office will deny access to a Foreign National if the DS fails to provide complete and accurate information in advance of a visit.

b. Take all reasonable steps to ensure his/her Foreign National Visitor or Guest is given access only to information necessary for the successful completion of their visit.

c. Prevent physical, visual, and virtual access to classified, Sensitive But Unclassified (SBU), or otherwise controlled, proprietary, or not-for-public release data, information, or technology. Exceptions may occur when there is explicit written authorization for access to non-classified information, and when necessary, a license has been issued to the sponsoring bureau by the Bureau of Industry and Security pursuant to the Export Administration Regulations or by any other U.S. Government agency with appropriate jurisdiction.

d. Take all reasonable steps to ensure that a Foreign National Visitor or Guest does not use personal communication, photographic, recording, or other electronic devices in those areas of Departmental facilities where classified, SBU, or otherwise controlled, proprietary, or not-for-public release data, information, or technology is present without explicit authorization. (See Section 5 .09.)

e. Immediately report suspicious activities or anomalies involving Foreign National Visitors or Guests to the servicing security office.

f. Promptly notify the servicing security office if there is a change to the arrival or departure date of any Foreign National.

g. Ensure that all Foreign National Guests meet with the servicing security office to complete the Certification of Conditions and Responsibilities for the Foreign National Guest Program (Attachment 3) within three days of arrival if the servicing security office is collocated. If the servicing security office is not collocated, the DS will brief the Foreign National Guest on the contents of the document, and ensure the certification is signed, dated, and forwarded to the servicing security office within three days of arrival.

h. The appropriate senior administrative official in the sponsoring bureau or office will review the request from the Departmental Sponsor and will ensure that the value of collaborative efforts gained with access to Departmental facilities, staff and information is balanced with the need to protect classified, Sensitive But Unclassified (SBU), or otherwise controlled, proprietary, or not-for-public release data, information, or technology. The senior administrative official's endorsement and Departmental Sponsor's certificate (Attachment 2) will be forwarded to the servicing security Office.

.04 Revocation of DS approval. The Director for Security may revoke DS approval for any employee who violates the provisions of this Order. The servicing security office will review alleged violations of this directive to determine if any corrective action is required. Violations may also form the basis for other administrative or disciplinary actions (e.g., knowingly facilitating access for a Foreign National who has previously been denied access). Violations may result in administrative action or disciplinary action under the provisions of DAO 202-751, "Discipline."

.05 Major Considerations. Servicing security offices will use a risk-based methodology to approve access by Foreign Nationals. Major considerations include:

a. The Foreign National's country of citizenship, dual citizenship, residence, and birth.

b. The critical nature of technology, information, or other material to which the Foreign National may have physical, visual, or virtual access.

c. The Departmental Sponsor's history of compliance with this Order.

d. The security status of the DOC facility as indicated by existing physical and cyber controls established in compliance with DOC and Federal regulations and standards.

e The length of visit.

.06 Advance Notice and Information Required by Category of Foreign National.


Category Visitor
3 or fewer days or attending a conference of 5 or fewer days
Guest
More than 3 days
Advanced Notice Required As soon as the information is received but no later than one full business day prior to the visit 30 calendar days prior to arrival
Information Required
(same for both categories
Full name
Gender
Date of birth
Place of birth
Passport Number and Issuing Country
Citizenship and Country(ies) of Dual Citizenship (if applicable)
Country of Current Residence
Sponsoring Bureau
Purpose of Visit
Facility number and location
Arrival date
Departure date
DS name
DS telephone number
DS email address
Full name
Gender
Date of birth
Place of birth
Passport Number and Issuing Country
Citizenship and Country(ies) of Dual Citizenship (if applicable)
Country of Current Residence
Sponsoring Bureau
Purpose of Visit
Facility number and location
Arrival date
Departure date
DS name
DS telephone number
DS email address

.07 Approvals. Based upon the information required concerning each Foreign National, OSY Headquarters will conduct applicable agency checks and forward the results to the servicing security office. The servicing security office will make a risk assessment determination and notify the Departmental Sponsor of approval or denial of access. In the event of denial of access, a senior executive of the affected bureau, operating unit, or office may appeal to the Director for Security who will consider whether the benefits of a proposed visit justify the risks.

.08 Escort Requirements. Foreign National Visitors must be escorted by a U.S. Citizen employee of the Department at all times while on Departmental property, except in areas that are open to the general public. Foreign National Guests may be granted unescorted access to designated areas of a facility upon approval by the servicing security office. Approval rests upon the favorable completion of applicable agency checks and a determination that no unauthorized physical, visual, or virtual access to classified, Sensitive But Unclassified (SBU), or otherwise controlled, proprietary, or not-for-public release data, information, or technology is likely to occur.

.09 Use of Personal Electronic Devices. Foreign Nationals may not use personal communication, photographic, recording, or other electronic devices in those areas of Departmental facilities where classified, SBU, or otherwise controlled, proprietary, or not-for-public release data, information, or technology is present without the explicit authorization of their Departmental Sponsor. These devices include but are not limited to 'blackberries,' cell phones/camera phones, still or video cameras, laptops, pagers, Personal Data Assistants, etc. Departmental Sponsors must take all reasonable steps to ensure that adequate measures are in place to protect against collection of said data, information, or technology before authorizing use of such devices. If adequate measures are not in place to do so, Departmental Sponsors must ensure that Foreign Nationals turn-off all such devices upon entry to an area where said data, information, or technology is present. Departmental Sponsors must remain aware of all use of such devices throughout the length of a visit. Guidance concerning adequate protective measures may be obtained from the servicing security office.

.10 Export Licenses. Approval of a visit by a Foreign National Visitor or Guest under this Order does not substitute for a license issued by the Bureau of Industry and Security pursuant to the Export Administration Regulations or any other U.S. Government agency with appropriate jurisdiction.

.11 On-site Reviews. OSY will conduct announced and unannounced on-site reviews to ensure compliance with this Order.

.12 Debriefing. During the course of a visit by, or upon the departure of, select Visitors and Guests, particularly those from countries designated as State Sponsors of Terrorism and Countries of Proliferation Concern, the servicing security office or OSY Headquarters will conduct a debriefing of the Departmental Sponsor and other employees of the Department who have had contact with the Foreign National.

SECTION 6. RECORDS.

Office of Security Headquarters and the servicing security office will maintain a database containing identifying data for all Foreign National Visitors and Guests to which this Order applies.

Signed by: Director for Security

Approved by: Chief Financial Officer and Assistant Secretary for Administration

Attachments:

Attachment 1

Attachment 2

Attachment 3

Questions and Comments

Send Questions or Comments on the Commerce Directives Management program to Directives@doc.gov.

Office of Privacy and Open Government
Office of the Chief Financial Officer and Assistant Secretary for Administration
U.S. Department of Commerce

 

Page last updated:February 4, 2010