AFSA Guidance for Official Clearance of Speaking, Writing and Teaching

AFSA Guidance for Official Clearance of
Speaking, Writing, and Teaching

Updated February, 2005

Foreign Service employees are required to request clearance for all speeches, writings, and teachings of "official concern." The pertinent regulations are found at 3 FAM 4170, et seq. These regulations apply to employees of the State Department, the Agency for International Development, and the International Bureau of Broadcasters. This guidance only addresses material prepared by an employee in his or her capacity as a private citizen.

Public speeches, writings and teaching materials on matters of "official concern" must be submitted to the appropriate office for review before publication or use. The purpose of such review is to ensure that classified material and other material protected by law (e.g., the Freedom of Information Act, Privacy Ac, etc.) is not improperly disclosed and that the views of the employees are not improperly attributed to the U.S. Government.

Material is of "official concern" if it relates to any policy, program, or operation of the employee’s agency or to current U.S. foreign polices, or reasonably may be expected to affect the foreign relations of the United States.

If there is any doubt whether the material is of official concern, employees should seek guidance or advice from the appropriate review office. State employees posted in the U.S. should contact the Public Affairs Officer in their respective bureaus, who will forward the articles to the Office of Strategic Communications Planning, Bureau of Public Affairs (Main State, Room 6800). State Department employees assigned to the United States should send inquiries to PA Clearances Mailbox on the State Department global address book; State employees posted abroad should contact the Chief of Mission. Chiefs of Mission may seek guidance from the Office of the Legal Advisor, L/Ethics (legal-l-ethics-attorneys on the DOS global address list); USAID employees should contact the Bureau for Legislative and Public Affairs (RRB, AA/LPA, Room 6.10). J. Edward Fox (202-712-4300) is the point person in AA/LPA; IBB employees should contact the Office of External Affairs (P/K, Room 3131, Cohen Bldg.). Joseph O’Connell (202-619-2538) is the point person in P/K.

All public speaking, writing, and teaching materials on matters of official concern prepared in an employee’s private capacity must contain an explicit disclaimer indicating that the views expressed are the employee’s own views and not necessarily those of the employee’s agency or the U.S. government. Reviewing officials shall presume that all material containing this disclaimer have been prepared by an employee in his or her private capacity. This presumption can be overcome if it is concluded that:

The employee’s views are likely to be attributed to the U.S. Government notwithstanding the employee’s use of the disclaimer and
Attribution of the employee’s views to the U.S. Government is likely to impair demonstrably the foreign affairs mission of State, USAID, or IBB.

Factors to be considered in overcoming the presumption of private capacity include:

The current or former position, rank, and/or duties of the employee;
The relationship between the employee’s position, rank, and/or duties and the subject matter of the speaking/teaching/writing;
The likelihood that because of the employee’s position, rank, and/or duties, and/or other relevant factors, the employee’s views are likely to be attributed to the U.S. Government;
The nature and magnitude of harm to the foreign affairs mission that would likely result from dissemination of the material in question.

Material of official concern must be submitted for a reasonable period of review, not to exceed thirty days. In the case of time-sensitive materials of reasonably brief length, the FAM states that the period of review will be abbreviated in an effort to accommodate the interests of the employee.

An employee may use, issue, or publish material of official concern which has been submitted for review, and for which the presumption of private capacity as not been overcome, upon the expiration of the thirty day review period regardless of the final content of such material as long as it does not contain information that is classified or otherwise exempt from disclosure.

The FAM cautions employees not to make commitments to publishers until after the expiration of the thirty-day review period. AFSA cautions employees to abide by the review procedures or else they may face disciplinary action.

If an employee believes his or her parent agency has erroneously determined that the material is of official concern, or if thirty days have passed without any feedback from the agency, contact AFSA General Counsel Sharon Papp for assistance.