flict. Remedial action under this paragraph may include disciplinary action or any of the actions enumerated in subparagraph (2) of paragraph (b) of this section and shall be effected in accordance with applicable laws, Executive orders, and regulations. (d) Written summaries of all agreements and decisions arrived at pursuant to paragraph (b) or (c) of this section shall be placed in the Counselor's files. Copies shall also be made available to the employee or special Government employee concerned. § 10.735-409 Confidentiality of employ ees' statements. An agency shall hold each statement of employment and financial interests, and each supplementary statement, in confidence. To insure this confidentiality only the Counselor and Deputy Counselors are authorized to review and retain the statements. The Counselor and Deputy Counselors are responsible for maintaining the statements in confidence and shall not allow access to, or allow information to be disclosed from, a statement except to carry out the purpose of this part. An agency may not disclose information from a statement except as the Civil Service Commission or the agency head may determine for good cause shown. Sec. 11.5 11.6 11.7 11.8 11.11 Certification for appointment to class Leave without pay appointments. Travel expenses of candidates. AUTHORITY: The provisions of this Part 11 issued under secs 212, 302, 303, 516, 517, 60 Stat. 1001, as amended, 1002, 1008, as amended; 22 U.S.C. 827, 842, 843, 911, 912. SOURCE: The provisions of this Part 11 contained in Dept, Regs. 108.545, 108.546, 32 F.R. 3443, 3444, Mar. 2, 1967, unless otherwise noted. § 11.1 Eligibility for appointment as Foreign Service Officer. (a) Pursuant to section 511 of the Foreign Service Act of 1946, as amended, all Foreign Service officers shall be appointed by the President, by and with the advice and consent of the Senate. All appointments shall be made to a class and not to a particular post. No person shall be eligible for appointment as a Foreign Service officer unless he has demonstrated his loyalty to the Government of the United States and his attachment to the principles of the Constitution, and unless he has been a citizen of the United States for at least 10 years and, if married, is married to a citizen of the United States. The religion, race, sex, and political affiliations of a candidate will not be considered in designations, examinations or certifications. (b) Notwithstanding the provisions of section 3320 of title 5 of the United States Code, the fact that any applicant is a veteran or disabled veteran, as defined in section 2108 (1) or (2) of such title, shall be taken into consideration as an affirmative factor in the selection of applicants for initial appointment as Foreign Service officers. (c) Appointment as a Foreign Service officer of class 8, or of class 7, in circumstances specified herein, is governed by regulations § 11.2 through § 11.8. (Secs. 4, 14, 63 Stat. 111, 82 Stat. 813, as amended; 22 U.S.C. 2658, 1234, E.O. 11264; 3 CFR 1966 Comp.) [Dept. Regs. 108.545, 108.546, 32 F.R. 3443, 3444, Mar. 2, 1967, as amended by Dept. Reg. 108.606, 34 F.R. 12623, Aug. 2, 1969] lowing rules regarding the written examination: (a) The written examination will be given annually or semi-annually, if required, in designated cities in the United States and at Foreign Service posts abroad on dates established by the Board of Examiners for the Foreign Service. Applicants must indicate in their applications whether they are applying for the Department of State or for the U.S. Information Agency. Candidates who pass the written examination successfully (Option A) may request to transfer their application to the other agency. (b) No person will be permitted to take a written examination for appointment as Foreign Service officer who has not been specifically designated by the Board of Examiners to take that particular examination. Prior to each written examination the Board will establish a closing date for the receipt of applications for designation to take the examination. No person will be designated for the examination who has not as of that closing date filed an application with the Board. To be designated for the written examination, a candidate, as of the date of the examination, shall have been a citizen of the United States for at least 71⁄2 years and shall be at least 21 but under 31 years of age, except that an applicant who has been awarded a bachelor's degree by a college or university, or has completed successfully his junior year at a college or university, may qualify as to age if at least 20 but under 31 years of age. (c) The written examination is designed to permit the Board to test the candidate's intelligence and the breadth and quality of his knowledge and understanding. It will consist of 4 parts: (1) A general ability test, (2) an English expression test, (3) a general background test, and (4) three special optional tests: Option A-History, Government, Social Sciences and Public Affairs; Option B— Administration; Option C-Economics and Commerce; one of which must be selected by the candidate except that candidates for the U.S. Information Agency will take Option A only. (d) The several parts of the written examination will be weighted in accordance with the rules laid down by the Board of Examiners. § 11.3 Oral examination for appointment to class 7 or 8. The Board of Examiners for the Foreign Service has established the following rules regarding the oral examination: (a) The oral examination will be given throughout the year at Washington and periodically in selected cities in the United States and at selected Foreign Service posts abroad. (b) If a candidate's weighted average on the four parts of the written examination is 70 or higher, he will be eligible to take the oral examination. Candidates eligible for the oral examination will be given an opportunity and will be required to take the oral examination within 9 months after the date of the written examination. If a candidate fails to present himself for the oral examination on an agreed date within the 9-month period, his candidacy will automatically terminate except that time spent outside the United States and its territories for reasons acceptable to the Board of Examiners will not be counted against the 9-month period. (c) The oral examination will be given by a panel of deputy examiners selected by the Board of Examiners from a roster of Foreign Service officers, officers from the Department of State and other Government agencies, and qualified private citizens who by prior service as members of selection boards or through other appropriate activities have demonstrated special qualifications for this work. The examination will be conducted in the light of all available information concerning the candidate and will be designed to determine his competence to perform the work of a Foreign Service officer at home and abroad, his potential for growth in the Service, and his suitability to serve as a representative of the United States abroad. Panels examining candidates for the Department of State will be chaired by a Foreign Service officer with the Department. Panels examining candidates for the United States Information Agency will be chaired by a Foreign Service officer of that Agency. Determinations of duly constituted panels of deputy examiners are final, unless modified by specific action of the Board of Examiners for the Foreign Service. (d) Candidates appearing for the oral examination will be graded "recommended for class 8," "recommended for class 7," or "not recommended." If recommended, the panel will assign a grade which will determine the candidate's numerical standing on the rankorder register of eligibles. § 11.4 Medical examination for appointment to class 7 or 8. The Board of Examiners for the Foreign Service has established the following rules regarding the medical examination of candidates. "recom (a) A candidate graded mended" on the oral examination will be eligible for the physical examination. (b) The medical examination will be designed to determine the candidate's physical fitness to perform the duties of a Foreign Service officer on a worldwide basis and to determine the presence of any physical, nervous, or mental disease or defect of such a nature as to make it unlikely that he would become a satisfactory officer. The Executive Director of the Board of Examiners for the Foreign Service, with the concurrence of the Director, Medical Division, may make such exceptions to these physical requirements as are in the interest of the service. All such exceptions shall be reported to the Board of Examiners for the Foreign Service at its next meeting. (c) The medical examination will be conducted either by medical officers of the Armed Services, the Public Health Service, the Department, accredited colleges and universities, or, with the approval of the Board of Examiners, by private physicians. (d) The Board of Examiners will determine on the basis of the report of the physician (s) who conducted the medical examination whether the candidate has met the standards set forth in paragraph (b) of this section. § 11.5 Certification for appointment to class 7 or 8. No person will be certified as eligible for appointment as a Foreign Service officer of class 8 unless he is at least 21 years of age, has been a citizen of the United States for at least 10 years, and, if married, is married to a citizen of the United States. A person shall be certified as eligible for direct appointment to class 7 if in addition to meeting these specifications he is at least 24 years old and has a record of 2 years of graduate training, employment, military service, or Peace Corps service which clearly demonstrates ability and special skills for which there is a need in the Foreign Service. Recommended candidates who meet these requirements who pass their medical examinations, and who on the basis of investigation are found to be loyal to the Government of the United States and personally suitable to represent it abroad, will have their names placed on the rank-order register for class 8 appointments or, if deemed appropriate by the Board of Examiners in the light of their age and education or employment record, on the rank-order register for class 7 appointments and they will be certified for appointment, in accordance with the needs of the Service in the order of their standing on their respective registers. Separate registers for the Department of State candidates will be maintained according to the optional portions of the examination. Successful candidates for the U.S. Information Agency will have their names placed on a separate rank-order register and appointments will be made according to the needs of the Agency. Postponement of entrance on duty for required active military service, civilian Government service abroad, or Peace Corps volunteer service will be authorized. A candidate may be certified for appointment to class 7 or 8 without first having passed an examination in a foreign language but his appointment will be subject to the condition that he may not receive more than one promotion unless, within a specified period of time, he achieves adequate proficiency in a foreign language. § 11.6 Leave without pay appointments. In certain specified cases, Leave Without Pay offers of appointment as Foreign Service Reserve officers may be made to candidates who have established their eligibility when such appointments will ensure that well qualified candidates will not be lost to the Service because they wish to continue advance graduate studies that will improve their qualifications as future Foreign Service officers. When they become available for duty they will be given regular Foreign Service officer appointments. § 11.7 Termination of eligibility. (a) Candidates who have qualified but have not been appointed because of lack of vacancies, will be dropped from the rank-order register 30 months after the date of the written examination: Provided, however, That reasonable time spent in civilian Government service § 11.11 Lateral entry appointment of Foreign Service Officers to Classes 1 through 6. Appointments of Foreign Service officers, under the provisions of section 517 of the Foreign Service Act of 1946, as amended, are governed by the regulations in this section. (a) Purpose of lateral entry appointment. (1) The lateral entry program is a means by which the intake of Foreign Service officers through the junior Foreign Service officer examination can be supplemented to meet total requirements for Foreign Service officers. Lateral entry appointments are made only to Classes 1 through 6, insuring retention of the career principle of entry primarily at Classes 7 and 8 through competitive examination. Additional officers will be added to the Foreign Service Officer Corps through lateral entry on the basis of established service need for each class by functional specialty or general manpower requirements. (2) The great majority of lateral entrants will be drawn from officers of the Department and the Foreign Service of proven ability who possess high potential for advancement, or similar personnel of other foreign affairs agencies who may be appointed based on agreements between the Department and those agencies. (3) The need for other lateral entrants in Classes 1 through 6 is met by appoint ing applicants who are officers or former officers of other Federal Government agencies. Principally, these will be persons possessing skills and abilities in short supply in the Foreign Service appointed to meet rapidly changing requirements. On a limited and highly selective basis, however, other persons may be appointed who have demonstrated outstanding qualities of leadership and who possess capabilities, insights, techniques, experiences, and differences of outlook which would serve to enrich and stimulate the Foreign Service and enable them to perform effectively in assignments both abroad and in the Department. (b) Magnitude. (1) The Department places no numerical limitation on the lateral appointment of FSR, FSSO, and Civil Service officers on its rolls who apply, are certified on the basis of service need by personnel management authorities for examination, and are found qualified by the Board of Examiners. (2) Lateral entry from other sources is limited and based on intake levels established in accordance with total Foreign Service officer manpower and functional requirements upon certification of service needs. (c) Eligibility requirements. The religion, race, sex, and political affiliations of a candidate will not be considered in designations, examinations, or certifications. (1) Citizenship. Each applicant must have been a citizen of the United States for at least 10 years and, if married, shall be married to a citizen of the United States. (2) Service. On the date of application, each applicant must have completed at least 3 years of service (4 years if under age 31) in a position of responsibility in a Federal Government agency or agencies. For this purpose, a position of responsibility is defined as service as a Foreign Service Reserve officer at Class 7, a Foreign Service Staff officer at Class 6, in the Departmental service as GS-9, and in the Armed Forces of the United States at the grade of First Lieutenant or Lieutenant Junior Grade, or higher. The duties and responsibilities of the position occupied by the applicant must have been similar or closely related to that of a Foreign Service officer in terms of knowledge, skills, and abilities. To be eligible, an applicant must have been in or currently be in a grade or class comparable to FSO-6 or be re ceiving a base salary at least equal to the first salary step of that class. (3) Other. On the date of application, each applicant for lateral entry appointment should be under age 54. Candidates will not normally be certified who are more than 55 years of age since Foreign Service officers are expected to serve 5 years or more before reaching mandatory retirement age. (d) Recruitment. (1) It is the Department's policy to encourage eligible personnel on its rolls to apply for lateral entry into the Foreign Service Officer Corps, including, in particular, the following categories: (i) Foreign Service Reserve officers, who, in competition with Foreign Service officers, are either recommended for promotion or ranked in the upper percentage groups of their class; (ii) Foreign Service Staff officers who are recommended for consideration for lateral entry by a Staff Officer Selection Board, whose performance has been consistently of a high caliber, and whose background, experience, and general qualifications indicate they can contribute to the Foreign Service Officer Corps and compete favorably with Foreign Service officers; (iii) Civil Service officers in the Department and domestic Foreign Service Reserve officers who are serving in positions to which Foreign Service officers are normally assigned, who have superior records, and who can be expected to make substantial contributions to Foreign Service work and compete favorably with Foreign Service officers. (2) The Department also considers highly qualified applicants from other agencies of the Government and from outside the Federal service who meet the statutory and other eligibility requirements and for whom there has been a certification of need as an additional Foreign Service officer. Appointments from these sources for the limited vacancies available are made on a competitive basis to fill specific Service needs after assuring that the vacancies cannot be filled by Foreign Service officers already in the Foreign Service Officer Corps. (e) Method of application. Applicants for lateral entry must complete Standard Form 171. Personal Qualifications Statement, and Form DSP-34, Supplement to Application for Federal Employment, and forward them to the Board of Examiners for the Foreign Service, De partment of State. Application is made for a Foreign Service officer appointment under the lateral entry provisions of section 517 of the Foreign Service Act, but not for a class. The Board establishes a file for each applicant, placing therein all available documentation of value in evaluating the applicant's potential for appointment as a Foreign Service officer. The file is reviewed initially to determine if the applicant meets the statutory and other eligibility requirements and to assess his skills relative to the needs of the Service. The examination of candidates is based on the needs of the Service for specific skills and experience. (f) Examination for lateral entry—(1) General. The filing of an application with the Board of Examiners for the Foreign Service does not in itself entitle an applicant to examination. The decision whether to proceed with an oral examination, as well as with a detailed background investigation, is made by the Board of Examiners after determining eligibility for appointment, medical qualifications, and a thorough review of the applicant's qualifications. Each applicant's background, experience, performance, and other related documentation are carefully studied and evaluated. Careful consideration is given to the functional needs of the Service in making this assessment. A certification of need to the Board of Examiners by the Department's personnel management authorities is required before proceeding further with the examination. An oral examination is granted only in those cases where the applicant is found to possess superior qualifications, proven ability, and, at the middle levels, high potential for advancement. (2) Class of appointment. In determining the class at which candidates are considered for appointment, the initial presumption is that the candidate is eligible for examination for the Foreign Service officer class which equates with his salary level at the time of examination. In evaluating qualifications, and in conducting oral examinations, panels carefully assess candidates to determine whether their total qualifications compare favorably with officers at their current class level. However, the Board of Examiners, at its discretion, may certify a candidate for appointment as a Foreign Service officer at a class other than that equating to his salary in those instances where the Board determines that |