Foreign Service

Foreign Service in the United States

Introduction to Foreign Service

United States Foreign Service, segment of the United States Department of State that aids in maintaining peaceful cordial relations between the United States and other nations. The Foreign Service was established by Congress in 1924 by combining diplomatic personnel concerned primarily with governmental relations and consular personnel concerned largely with individual and commercial matters. The Foreign Service is responsible for gathering information conducive to the formation of American foreign policy, for implementing foreign policy abroad, and for safeguarding U.S. citizens and their personal and commercial interests in other lands. The Foreign Service maintains embassies, missions, consulates general, consulates, and consular agencies throughout the world.” (1)

Finding the law: Foreign Service in the U.S. Code

A collection of general and permanent laws relating to foreign service, passed by the United States Congress, are organized by subject matter arrangements in the United States Code (U.S.C.; this label examines foreign service topics), to make them easy to use (usually, organized by legal areas into Titles, Chapters and Sections). The platform provides introductory material to the U.S. Code, and cross references to case law. View the U.S. Code’s table of contents here.

Foreign Service

In Legislation

Foreign Service in the U.S. Code: Title 22, Chapter 14

The current, permanent, in-force federal laws regulating foreign service are compiled in the United States Code under Title 22, Chapter 14. It constitutes “prima facie” evidence of statutes relating to Foreign Relations (including foreign service) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Foreign Service of the US Code, including foreign service) by chapter and subchapter.

Foreign Service

In Legislation

Foreign Service in the U.S. Code: Title 22, Chapter 52

The current, permanent, in-force federal laws regulating foreign service are compiled in the United States Code under Title 22, Chapter 52. It constitutes “prima facie” evidence of statutes relating to Foreign Relations (including foreign service) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Foreign Service of the US Code, including foreign service) by chapter and subchapter.

Resources

Notes and References

Guide to Foreign Service

About U.S. Federal Departments

Federal Departments, Department of Agriculture, Department of Commerce, Department of Defense (including Department of Defense Purpose, Department of Defense Organization, Department of Defense Liaison of Command and Department of Defense Supporting Agencies), Department of Education, Department of Energy

(including Department of Energy Purpose, Department of Energy Organization and Department of Energy Research and Development), Department of Health and Human Services (including Department of Health and Human Services History and Department of Health and Human Services Agencies and Services), Department of Homeland Security (including Department of Homeland Security Organization and Functions, Department of Homeland Security Origins and Department of Homeland Security Supporting Agencies), Department of Housing and Urban Development, Department of Justice (including Department of Justice Functions, Department of Justice Structure and Department of Justice Associated Agencies), Department of Labor, Department of National Defence, Department of State (including Department of State Administration and Department of State Bureaus), Department of the Air Force, Department of the Army, Department of the Interior (including Department of the Interior Functions and Department of the Interior Principal Agencies), Department of the Navy, Department of the Treasury, Department of Transportation, Department of Veterans Affairs (including the Department of Veterans Affairs Service Categories, Department of Veterans Affairs Benefits Available and GI Bill of Rights) and Department of War.

Introduction to Foreign Service

Article II, Section 2, of the U.S. Constitution, allows the president with the advice and consent of the Senate to appoint ambassadors. The foreign diplomatic service of the nations, however, actually originated even earlier, during the American revolutionary period, when emissaries from the Continental Congress traveled abroad seeking assistance for the colonies’ struggle for independence against Great Britain. During the early years of the new republic, leading statesmen, among them Benjamin Franklin, John Jay, Thomas Jefferson, and John Quincy Adams, usually served as foreign ministers. In 1792, Congress created a consular service, the early duties of which were largely confined to matters of shipping. Through the century that followed, these posts, and diplomatic positions as well, came to be filled as a form of political patronage, sometimes by incompetent individuals.

As relations between the United States and other nations expanded in scope and complexity, the need for a trained corps of skilled and capable diplomats became increasingly apparent. In 1856, Congress regulated diplomatic salaries and classified consular posts; diplomats filling the more important consular positions were forbidden to engage in private trade. In 1895 President Grover Cleveland put the consular service on a limited merit basis. For the first time, appointees had to demonstrate their fitness for diplomatic work by previous service in the Department of State or by passing a qualifying examination. The professionalization of the Foreign Service proceeded through the adoption of merit examinations and changes in tenure and promotion policies. Salaries were raised, and allowances while serving abroad, for example, the allowance designated for entertainment expenses, were increased.

In 1906 Congress, by law, and President Theodore Roosevelt, by executive order, regularized and extended the merit system instituted by Cleveland. In 1909, President William Howard Taft decreed the same system for diplomats in the Foreign Service below the rank of minister. President Taft also initiated a rating system on which promotion was based; in 1915, Congress made the Taft decree a law.

The most important step toward professionalization of the Foreign Service occurred in 1924 with the passage of the Rogers Act, creating the present-day Foreign Service. The Rogers Act merged the diplomatic and consular services under the same terms of appointment by merit examination and promotion by rating. The Foreign Service Acts of 1946 and 1980 further reorganized the service. Also in 1946, the Foreign Service Institute was created to give continuous on-the-job training to Foreign Service officers.” (1)

Resources

Notes and References

Guide to Foreign Service

About U.S. Federal Departments

Federal Departments, Department of Agriculture, Department of Commerce, Department of Defense (including Department of Defense Purpose, Department of De
fense Organization, Department of Defense Liaison of Command and Department of Defense Supporting Agencies), Department of Education, Department of Energy

(including Department of Energy Purpose, Department of Energy Organization and Department of Energy Research and Development), Department of Health and Human Services (including Department of Health and Human Services History and Department of Health and Human Services Agencies and Services), Department of Homeland Security (including Department of Homeland Security Organization and Functions, Department of Homeland Security Origins and Department of Homeland Security Supporting Agencies), Department of Housing and Urban Development, Department of Justice (including Department of Justice Functions, Department of Justice Structure and Department of Justice Associated Agencies), Department of Labor, Department of National Defence, Department of State (including Department of State Administration and Department of State Bureaus), Department of the Air Force, Department of the Army, Department of the Interior (including Department of the Interior Functions and Department of the Interior Principal Agencies), Department of the Navy, Department of the Treasury, Department of Transportation, Department of Veterans Affairs (including the Department of Veterans Affairs Service Categories, Department of Veterans Affairs Benefits Available and GI Bill of Rights) and Department of War.

Foreign Service in the Context of Foreign Legal Systems

Picked Source Texts on Foreign Service Restrictions and Letters in International Civil Litigation

Analysis of the Picked Source Texts on Foreign Service Restrictions and Letters Rogatory, Notes on Article 271 and Diplomatic Notes and Letters Rogatory

Resources

See Also

  • Choice of Forum Provision
  • Choice of Forum Clause Definition
  • Choice of Forum Clause Sample
  • Forum Selection
  • Choice of Law

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