Army Regulation 614-10

14 July 2011

Effective date: 14 August 2011

UNCLASSIFIED

Assignments, Details, and Transfers

Army Military Personnel Exchange Program with Military Services of Other Nations



SUMMARY of CHANGE

AR 614-10
Army Military Personnel Exchange Program with Military Services of Other Nations

This major revision, dated 14 July 2011

* Adds Secretary of the Army responsibility (para 1-4 a ).

* Adds the requirement to conduct a periodic stakeholder's conference (para 1-4 b(7)).

* Gives the Commanding General, Army service component command, administrative control and supervision of the military personnel exchange program in the area of responsibility countries to which exchange personnel have been assigned (para 1-4 g ).

* Prohibits separation or retirement from exchange positions and establishes an active duty Service obligation of at least 2 years following an exchange position (paras 1-4 h (3) and 3-2 b ).

* Provides guidance for a nonreciprocal position (para 1-6 a note).

* Adds policy and guidance pertaining to partner nation military personnel exchange program participants not included in the previous version (chap 5).

* Provides detailed guidance for establishing new programs and changing existing programs, personnel administration, and financial responsibility. Changes the support structure and rating schemes for U.S. participants (throughout).

* Updates U.S. Army security cooperation terminology and guidance (throughout).

* Makes administrative changes (throughout).



Chapter 1
General

1-1. Purpose

This regulation sets policies, procedures, and responsibilities for conducting the Army military personnel exchange program (MPEP). It applies to all Army units, commands, and personnel that manage, support, or participate in the program. It does not apply to other exchange programs which are not specifically mentioned in this regulation. It reforms current MPEP policies by transferring coordination and support responsibilities to the Army service component command (ASCC).

1-2. References

Required and related publications and prescribed and referenced forms are listed in appendix A .

1-3. Explanation of abbreviations and terms

Abbreviations and special terms used in this regulation are explained in the glossary .

1-4. Responsibilities

a. Secretary of the Army. The Secretary of the Army delegates to the Chief of Staff, Army (CSA), who further delegates to the Deputy Chief of Staff, G-3/5/7 ( DCS, G-3/5/7 ), the approval authority for establishing new country programs and to negotiate and conclude international agreements with countries whose agreements have been expired for more than 5 years.

b. Deputy Chief of Staff, G-3/5/7. The DCS, G-3/5/7 has general staff responsibility for the Army's MPEP and, in coordination with other appropriate staff agencies, through the HQDA MPEP manager (DAMO-SSR), will

(1) Establish policies and procedures for implementing and administering the Army's MPEP.

(2) Act as lead agent for negotiating and staffing memorandums of agreement (MOAs) with partner nations (PNs). The MPEP manager may delegate MOA negotiations, as appropriate.

(3) Ensure that the MPEP MOAs include the following statement or equivalent: "It must be noted that, by virtue of signature of this agreement, the United States Government makes no official commitment or obligation to provide any classified information."

(4) Ensure that the MPEP MOAs include the following: "It is the responsibility of the non-U.S. government to submit an extended visit request through their embassy to the U.S. Army at least 90 days prior to the desired start date and receive U.S. Army approval before the non-U.S. exchange participant may assume duties or gain access to U.S. military facilities or installations."

(5) Staff (for Department of the Army (DA) approval) requests to establish new exchange positions with the DCS, G-2 (Foreign Disclosure) for an evaluation of disclosure equities and whether the proposed position and duties can be achieved according to National Disclosure Policy-1, DODD 5230.11 , and AR 380-10 .

(6) Monitor the effectiveness of the entire exchange program including periodic visits to exchange personnel (both U.S. and PN), ASCCs, and appropriate sponsoring organizations in the countries having exchanges.

(7) Conduct a periodic stakeholder's conference (maximum of one a year and minimum of one every 3 years) which will include those U.S. Army commands (ACOMs); ASCCs; direct reporting units (DRUs); DCS, G-2; and other HQDA offices that implement and support the MPEP for the U.S. Army. The conference will, at a minimum, include the objective to obtain stakeholder concurrence about the resourcing of the exchange positions, priority reconciliation, and implementation policy.

(8) Designate the appropriate signature authority to sign a MPEP MOA and MOA annexes for the U.S. Army based on the situation and the PN signatory. The signature authorities include

(a) Member of the HQDA executive leadership.

(b) Commanding General, ASCC.

(c) The DCS, G-3/5/7.

(d) Director, Strategy, Plans, and Policy (G-35/DAMO-SS).

(e) Deputy Director, Strategy, Plans, and Policy (G-35/DAMO-SS).

(f) Other offices as determined by the DCS, G-3/5/7.

(9) Maintain a master roster tracking all U.S. and PN participants, and provide to ACOMs and ASCCs, as requested. At a minimum, this roster will contain the MPEP participant names, duty location and unit, permanent change of station (PCS) dates, and the hosting ACOM or command.

c. Deputy Chief of Staff, G-1. The DCS, G-1 will provide personnel support to the MPEP. In coordination with other appropriate staff agencies, the DCS, G-1 will establish, within the parameters of this regulation and supplemental guidance as may be required, procedures for entitlements and personnel policies of U.S. Army personnel assigned to exchange positions.

d. Deputy Chief of Staff, G-2. The DCS, G-2 will ensure that the National Disclosure Policy-1, as it pertains to exchange personnel, is implemented in accordance with DODD 5230.20 and AR 380-10 . In coordination with other appropriate staff agencies, the DCS, G-2 will

(1) In coordination with DCS, G-3/5/7, maintain a record of all PN personnel serving in the MPEP positions with U.S. commands and/or activities, as well as associated disclosure files.

(2) Staff extended visit requests for accreditation of PN exchange personnel with the agencies and/or commands involved.

(3) Receive, staff, and provide the DCS, G-3/5/7 with a position regarding the disclosure implications and feasibility of proposed the PN MPEP positions or changes to the PN MPEP positions.

(4) Review all new MPEP proposals to determine whether the proposal is according to the U.S. Army and National Disclosure Policy-1.

(5) Keep the appropriate military attach in Washington, DC, apprised of the status of all accreditation actions submitted to DA by their country.

e. The Judge Advocate General, International and Operational Law Division. The DAJA-IO will provide legal advice on all matters pertaining to the MPEP. The DAJA-IO will also review proposed MOAs to determine that the documents are legally correct.

f. The Surgeon General. The Surgeon General will provide advice on health care authorized for exchange personnel and their dependents (both United States and PN).

g. Commanding General, Army service component command. The CG, ASCC will have administrative control and supervision of the MPEP in the area of responsibility (AOR) countries to which exchange personnel have been assigned. In this capacity, the CG, ASCC will be the DA representative and primary point of contact (POC) for all administrative matters concerning exchange personnel in AOR countries. In exercising this responsibility, the CG, ASCC is authorized to correspond directly with the sponsoring country command and/or activity, commander of the appropriate military personnel division (MPD) and/or finance and accounting office (F&AO), and, when necessary, appropriate HQDA staff agencies on all matters pertaining to the administration and well-being of U.S. Army exchange personnel in the AOR countries. The CG, ASCC will

(1) Exercise Uniform Code of Military Justice (UCMJ) authority over U.S. Army exchange personnel in their AOR.

(2) Determine rating schemes according to AR 623-3 on all U.S. exchange personnel in the AOR consistent with the intent to have PN rating input. Special consideration should be given to medical MPEP personnel due to the specific medical and/or technical nature of their assignments. Where practical, the ASCC surgeon's office should be part of the rating scheme.

(3) Review and relay U.S. Army Human Resources Command (HRC) personnel nominations to the appropriate AOR PN authorities for review.

(4) Provide in and/or out processing and orientation and/or debriefing of MPEP officers and/or noncommissioned officers (NCOs).

(5) Determine the format of exchange personnel mid-tour and end-of-tour reports.

(6) Submit the following personnel actions to the HRC (after coordination with the HQDA MPEP manager) with appropriate endorsements:

(a) Requests for tour extension or curtailment.

(b) Requests for frocking of promotable officers, when appropriate.

(7) Ensure that PN requests for U.S. Army exchange personnel to participate in operational deployments with their host unit are submitted to the HQDA MPEP manager for coordination with DOD and the Joint staff for U.S. policy decision and for approval and/or disapproval.

(8) Conduct, on behalf of HQDA, an annual MPEP assessment conference with U.S. Army exchange personnel in the AOR to determine the effectiveness of the individual exchange positions as they relate to ASCC security cooperation objectives. The conference will also provide an opportunity to impart the ASCC commander's vision for the MPEP in the AOR and to administer to the support needs of the personnel.

(9) Be authorized to establish policies and procedures consistent with Army policies and this regulation (subject to coordination with the HQDA MPEP manager) in fulfilling the responsibilities outlined in this regulation. Report assessment results to the HQDA MPEP manager and the ACOM, command, or unit which resources the exchange position.

(10) Be authorized direct coordination with the HQDA MPEP manager and all other ACOMs for MPEP matters.
Note. The ASCCs may designate, in writing, in-country points of contact (POCs) who will provide immediate oversight of exchange personnel in the country to which they are assigned for exchange duty. In-country POCs will coordinate all actions pertaining to exchange personnel with the ASCC.

h. Commander, U.S. Army Human Resources Command. The Commander, HRC will select and assign U.S. Army personnel to exchange position requirements and, in coordination with other appropriate commands and agencies, will

(1) Identify, nominate (through the ASCC to the sponsoring PN military service), and assign qualified U.S. Army personnel to exchange positions based on the requirements provided by the HQDA MPEP manager.

(2) Approve and/or disapprove all requests for tour extensions or curtailments in coordination with the ASCC and the HQDA MPEP manager.

(3) Ensure exchange personnel understand that they may not separate or retire from an exchange position.

(4) In determining follow-on assignments for MPEP personnel, consider the experience gained by the officer and/or NCO during their tour with a PN.

(5) Maintain a database on former MPEP personnel for future use in assignments requiring such experience.

(6) Not task the MPEP personnel from their assigned duties with their PN to serve as board members or curtail their MPEP assignments for the purpose of attending professional military education. (The MPEP personnel perform their duties directly for the PN commander, and, therefore, may not be removed from their assignment without written approval from the DCS, G-3/5/7.)

i. Army commands that host partner nation exchange participants or support the exchange. These ACOMs will

(1) Provide the authorized manpower positions by paragraph and line number and unit identification code for the assignment of U.S. Army exchange personnel in support of the MPEP.

(2) Annually review position descriptions for occupied PN MPEP positions to ensure that they accurately reflect the duties assigned to, and the skills required of, their PN exchange personnel, to include required level of language proficiency. Provide results of this annual review to the DCS, G-2 and DCS, G-3/5/7 MPEP manager, in writing.

(3) Ensure that any recommendations to change or terminate an exchange position are first coordinated with the appropriate ASCC and then sent to the HQDA MPEP manager.

(4) Comply with the DCS, G-2 suspense dates regarding extended visit requests for the PN MPEPs. Ensure that extended visit requests have been approved, and provide the DCS, G-2 documentation before granting PN MPEP personnel access to U.S. Army installations, personnel, or information.

j. United States Army exchange personnel. United States Army exchange personnel will

(1) Read and become familiar with the Army Security Cooperation Strategy, as well as that of their ASCC, and focus their MPEP efforts accordingly.

(2) Adhere to the policies and procedures contained in this regulation and in the bilateral MOA.

(3) Ensure that they do not act as liaison officers and/or NCOs, as extensions of the defense attach office, or security cooperation officers and/or NCOs. Exchange personnel will refer requests for information to their ASCCs.

(4) Establish and maintain contact with the command element of the U.S. unit to which they are assigned. This will be accomplished by

(a) Writing a letter of introduction (when first assigned as a MPEP officer or NCO).

(b) Submitting a copy of the mid-tour report and end-of-tour report.

(c) Writing a letter of departure when the MPEP officer or NCO tour has been concluded.
Note. Additional contact throughout the MPEP tour is recommended.

(5) Write a letter of introduction to the in-country POC where the MPEP officer or NCO is being assigned.

(6) Have an official file photograph taken before departing from the continental United States (if board consideration for promotion, command, or other selection is anticipated during the exchange assignment).

(7) Ensure that all medical issues have been resolved before departure. Ensure that all Exceptional Family Member Program (EFMP) requirements have been met prior to departure for the exchange assignment.

(8) Attend their ASCC's annual assessment conference. Personnel will provide their ASCC with accurate, written assessments of their positions, with a focus on relevancy to Army security cooperation and the goals of their ASCC.

1-5. Objectives

The MPEP objectives are to

a. Support priorities of AR 11-31 , the Army Security Cooperation Strategy, DOD guidance, combatant command and/or commander campaign plans, and the Army Campaign Support Plan.

b. Strengthen alliances and coalition partners by building partner capacity and maintaining or enhancing relationships in support of a global strategy.

c. Increase defense cooperation by integrating U.S. and PN military personnel working in valid positions at the unit level.

d. Provide a framework through bilateral exchanges of military personnel that prepare officers and NCOs for future assignments in support of multinational operations.

1-6. Concept

a. The Army's MPEP operates typically as a one-for-one exchange of personnel. The ranks and/or grades of the exchange personnel will be essentially equal and as agreed upon by the participating countries. Exchange personnel are assigned on a PCS to duty positions within authorized manpower requirements. Each position has a corresponding position within the PN host military service. Corresponding positions may vary as dictated by differences in organizational structure, weapon systems equipment, tactics, and personnel systems, as mutually agreed. Exchange personnel are given meaningful and responsible assignments commensurate with their grade and qualifications and are integrated into the sponsoring organization as though they belong to the military Service to which they are assigned, consistent with applicable security disclosure authorizations.
Note. Nonreciprocal positions are possible on an exception basis but are authorized under different sections of the United States Code (USC) and have a separate MOA. Personnel in nonreciprocal positions will be supported and overseen according to this regulation and the respective agreements for their positions.

b. Personnel exchange tours may vary from 12 to 36 months (24 months is normal), within a given country, depending upon the parameters established in the negotiated position description. Current tour lengths are annotated on the DA Form 872 (Requisition for Individual Officer Personnel).

c. An international MOA is completed for each country exchange program that outlines the general conditions applicable to the exchange of personnel for that particular program. An appendix to the MOA will list all positions covered by that MOA.

d. Exchange personnel may not perform liaison duties for their parent military service.

e. The MPEP may not be used as a training program for PN exchange personnel in contravention to U.S. security assistance laws and regulations. The only training approved by law within MPEP is that which is conducted to familiarize, orient, or certify PN exchange personnel regarding unique aspects of the positions to which they are assigned.

f. Exchange personnel will not be used as a mechanism for exchanging technical data or other controlled information between governments.

1-7. Legal basis for military personnel exchange program

a. The MPEP derives its legal basis from Section 168, Title 10, USC (10 USC 168) which gives the Secretary of the Defense authority to exchange military personnel between units of the U.S. armed forces and units of PN armed forces. In DODD 5230.20 , the Secretary of Defense has delegated this authority to the service secretaries.

b. Partner nation participants in nonreciprocal positions derive legal basis from 10 USC 2608 and Section 1207 of Public Law 111-84 and for U.S. participants in nonreciprocal positions, 10 USC 168, as amended January 2008, Public Law 110-81.

c. The MPEP is separate from security assistance programs that derive their legal basis from 22 USC. The MPEP and security assistance are separate and distinct programs with different legal bases.

1-8. Army Security Cooperation Strategy

The ACOMs, ASCCs, and DRUs must take into consideration AR 11-31 , the Army Campaign Support Plan, and the Army Security Cooperation Strategy in proposing additions to or changes in the MPEP.

1-9. Office of the Secretary of Defense Guidance for the Employment of the Force

Headquarters, DA and the ASCCs will work with the combatant commands to ensure that the MPEP is integrated into the combatant command campaign plan.

Chapter 2
Establishing and Changing Military Personnel Exchange Programs and Positions

2-1. Approving authority

As approving authority, the DCS, G-3/5/7 will obtain concurrence from the Office of the Secretary of Defense for Policy prior to establishing new MPEPs with countries that have never before participated or with countries whose agreements have lapsed after 5 years.

2-2. Procedures for establishing military personnel exchange programs

a. Proposals for establishing an exchange program are presented by either an ACOM (for example, ASCC, ACOM, or DRU) or an agency representing a PN military command (for example, the PN Military Attach in Washington, DC). In all cases, proposals will be submitted in writing to the DCS, G-3/5/7, ATTN: DAMO-SSR, Washington, DC 20310-0400. Each U.S. Army proposal will include the following information:

(1) Justification for the proposed exchange, indicating desired implementation date and explanation of how the exchange integrates with Army Security Cooperation Strategy and the ASCC's campaign plan.
Note. Coordination with the appropriate ASCC is necessary prior to submission to HQDA.

(2) Tentative duty description, place of assignment, and qualifications desired of U.S. Army personnel for duty with the sponsoring army. As a minimum, desired rank and/or grade, language qualification, required security clearance, branch of service or specialty code and/or military occupational specialty, tour length, and military education level should be identified. Paragraph B-1 shows the information to include for a duty description.

(3) Identification of a U.S. Army activity and/or command in which the PN army's exchange personnel will be used and whether such U.S. Army organization supports the position.

(4) A brief statement outlining the capabilities of the PN exchange personnel to perform the duties desired with a U.S. Army activity.
Note. The MPEP is not an alternative means of acquiring training that would normally be provided under foreign military sales or International Military Education and Training procedures; therefore, PN exchange personnel must be prepared to be integrated immediately into the sponsoring army and to perform the duties required.

(5) Statement of whether informal coordination has been made with the PN, and if so, the PN's desires regarding the proposed exchange. Extreme care must be exercised to ensure that no commitments are made during any informal coordination of exchange proposals with representatives of the PN.

(6) Other pertinent comments, including availability of housing, personal hardships that may be encountered, and any special military qualifications such as ranger, airborne, and so forth, not identified in paragraph 2-2 a (2) . If accompanied status is recommended, information must be provided on quarters, schools, living conditions, and health care.

(7) A coordinated draft delegation of disclosure authority letter (DDL).

b. Upon receipt of a proposal to establish an exchange program, the DCS, G-3/5/7 will determine the feasibility and desirability of such a program. The proposal will be coordinated within the Army staff, appropriate Army activities and/or commands, the ASCC, and appropriate outside agencies as necessary (such as Office of the Secretary of Defense and the geographical combatant command). If the United States and PN determine that the proposed exchange is acceptable, and after approval of the proposal by the DCS, G-3/5/7, the HQDA MPEP manager will coordinate the development of an MOA that defines the terms under which the exchange program will function. An MOA will be negotiated for each PN program but not for individual exchange positions. The Office of the Secretary of Defense for Policy provides MOA templates to the service MPEP managers.

c. The authority to negotiate and conclude an MOA for a U.S. Army MPEP is strictly reserved for HQDA after completing the coordination required in AR 550-51 . The ASCC and/or PN embassy will assist the HQDA MPEP manager to obtain MOA responses from that country, but final decision approval of negotiations rests with the DCS, G-3/5/7.

d. The HQDA MPEP manager will initiate the MOA negotiations by submitting a draft MOA to the ASCC or PN embassy for presentation to the PN military service. When the MOA is returned, the ASCC POC or PN embassy will send the draft MOA with the PN service's comments to the HQDA MPEP manager for legal review (DAJA-IO). Through this process, a mutually agreeable MOA will be concluded. The HQDA-designated signature authority will sign the MOA for the U.S Army on behalf of the SA, after the final version has been approved by HQDA (DAMO-SSR and DAJA-IO).

e. Once the MOA has been signed by the appropriate representative of the PN and the U.S. Army, an original of each language version of the MOA will be sent to the HQDA MPEP manager for necessary action to accomplish the exchange. A second original of the agreement will be presented to the appropriate PN military service headquarters. Copies will be provided to the participating U.S. command and/or activity, ASCC, in-country POC, and appropriate HQDA agencies. In accordance with the provisions of AR 550-51, the HQDA MPEP manager will transmit copies of international agreements to DAJA-IO and Department of State.

f. Nomination and certification data pertaining to PN military personnel will be forwarded by the PN's military attach to the Deputy Chief of Staff, G-2, ATTN: DAMI-CDS (Foreign Disclosure Branch), in accordance with procedures outlined in AR 380-10 and the U.S. Army Military Attach Guide-Administrative Guidance. An extended visit request for proposed PN personnel must be received by the DCS, G-2 at least 90 days prior to the individuals projected extended visit start date. Under no circumstances will PN military personnel depart their country for duty with a U.S. Army organization prior to being notified by the DSC, G-2 (Foreign Disclosure) that the required extended visit has been approved. Under no circumstances will ACOMs allow PN MPEP personnel access to U.S. Army facilities or organizations, or to interact with PN military personnel without an approved visit authorization.

2-3. Procedures for establishing or modifying new exchange positions within existing programs

The procedures in paragraph 2-2 (less negotiation of an MOA) will be followed to establish new exchange positions within an existing program, with the exception that the DCS, G-3/5/7, in coordination with the DCS, G-2 (Foreign Disclosure) is the approving authority. Once the DCS, G-3/5/7 approval has been granted, the MOA in effect for that program will be modified by the inclusion of a signed annex to the original MOA that cites the new positions and to which mutually agreed upon descriptions (to include level of language proficiency required) will be attached. Copies of the revised annex and position descriptions will be provided to the agencies cited in paragraph 2-2 e . Signature authorities for a position annex to the MOA will be those cited in paragraph 1-4 and in the glossary .

2-4. Procedures for establishing exchanges proposed by another nation's military service

When an exchange program or position is proposed by another nation's military service, the ASCC for that AOR, in coordination with appropriate ACOMs and HQDA, will determine whether the exchange is feasible and appropriate according to Army Security Cooperation Strategy and National Disclosure Policy-1. The provisions of paragraph 2-2 or 2-3 will apply.

2-5. Assessment of exchanges

a. All U.S Army exchange positions must be routinely assessed to determine if the exchange should continue, be modified, or be terminated. The assessment will be an ongoing process but should formally occur during the annual ASCC assessment conferences with U.S. participants and other stakeholders. When a change or termination of an exchange position is desired, the following actions will take place:

(1) The ASCC will provide a recommendation, through normal command channels, to the HQDA MPEP manager regarding modification or termination of the exchange. The DAMO-SSR will notify the Commander, HRC (HRC-OPD-A/HRC-EPS) of all approved modifications to MPEP position descriptions. In all cases, each agency involved will be notified of the action taken regarding the exchange and any further action required, if applicable.

(2) Recommendations to terminate or modify exchange positions require full justification and coordination with all stakeholders prior to submission to HQDA. The DCS, G-3/5/7 is the approving authority for all changes.

b. Exchanges may be unilaterally terminated at the MOA signatory level, by either country, provided a notice of intent to terminate the exchange is given at least 180 days prior to the effective termination date (unless the MOA provides a different time period).

c. It must be stressed that, once established, an exchange position becomes a U.S. Army security cooperation priority and has national and strategic implications. Unilateral decisions by individual stakeholders may not be made. The final decision rests with the DCS, G-3/5/7.

Chapter 3
Personnel Administration

3-1. General

a. The ASCC is responsible to the DCS, G-3/5/7 for exercising administrative control and supervision of personnel performing duties under the auspices of MPEP in the countries of its AOR.

b. All U.S. Army exchange personnel will be assigned on a PCS basis against an authorized modified table of organization and equipment or table of distribution and allowance position in an ACOM and/or activity which is sponsoring the exchange position and referred to as the "parent organization." Personnel will then be attached to an ASCC-designated MPD and F&AO for personnel and finance records administration, to include attached strength report accountability, and further attached to the ASCC-designated in-country POC for in-country oversight.

c. Subject to individual PN limitations, and according to applicable DA directives, command sponsorship, concurrent transportation of dependents, household goods, and a privately owned vehicle are authorized for personnel ordered to exchange duty unless specified otherwise in the special instructions.

d. Overseas tour lengths established by the MOA between the U.S. Army and the PN take precedence over standard overseas tours stated in AR 614-30 . Personnel fulfilling an MOA-established tour will be credited with a completed overseas tour. Personnel exchange tours may vary from 12 to 36 months (24 months is normal), within a given country, depending upon the parameters established for the specific exchange position in the MOA.

3-2. Selection criteria

a. All MPEP positions are nominative. The HRC is responsible for selecting, nominating, and assigning U.S. Army personnel for exchange duty. The DCS, G-3/5/7 (DAMO-SSR) will provide individual exchange position requirements to the HRC upon the DCS, G-3/5/7 approval of the position. Personnel must have a minimum of a secret security clearance before reporting for exchange duty. The MPEP manager will identify those exchange positions requiring a higher security clearance to the HRC. Exchange positions in U.S. Army units will be designated by the command sponsoring the exchange. On reciprocal positions, the command will neither lose nor gain personnel to fill authorized table of organization and equipment and/or table of distribution and allowance spaces because the designated positions will be filled by PN military personnel. Exchange personnel are considered to be personnel assets of the host organization.

b. The HRC must ensure that nominees for exchange positions do not plan to separate or retire from the exchange position. Exchange assignment nominees must have at least a 2-year Service obligation after completing an exchange tour.

c. United States Army personnel selected for exchange duty will be those who have demonstrated capabilities for future higher command and staff positions and who are particularly well qualified through schooling and assignment experience for the exchange positions that they will fill. Personnel selected must also be capable of serving with tact and diplomacy and be highly motivated for such duty. Due to the usually remote locations of the exchange positions from U.S. military medical facilities, families with health issues must receive thorough EFMP screening and may be excluded from MPEP assignments. Close coordination must be made with the ASCC to ensure that adequate schools are available for children of MPEP personnel.

d. In cases where exchange personnel are married, the ASCC and the HRC must ensure that personnel are not assigned to duty stations that have insufficient facilities (medical, schooling, and housing) to support their families. Soldiers enrolled in the Married Army Family Couples Program must waive their Married Army Family Couples consideration for the duration of their MPEP assignment, if assignment instructions for the spouse cannot be accommodated.

e. The HRC will ensure that selectees complete EFMP screening prior to having their name submitted for nomination. Selectees with family members enrolled in EFMP will have the details of enrollment submitted with the nomination to the ASCC for determination of support for EFMP enrollee in the PN.

f. Personnel must be proficient in the language of the country to which they are being assigned. They are required to have a minimum professional proficiency in the language as described in AR 11-6 and measured by the Defense Language Proficiency Test. The language proficiency must be attained and demonstrated prior to nomination to the exchange position.

3-3. Nomination and approval procedures

The HRC will send the nomination of an individual under consideration to the ASCC, which will present it to the appropriate PN military officials. The nomination will include a brief career history, security information, EFMP status, and any other pertinent information that will assist the sponsoring country in evaluating the individual. A copy of each nomination will be furnished to the HQDA MPEP manager for forwarding to the appropriate country's military attach in the United States when requested. Upon approval of the nomination by the PN, the ASCC will notify the HRC and HQDA MPEP manager of the acceptance. This notification will contain special instructions for the efficient reporting of the individual to the exchange duty location. The HRC will issue a request for orders that will contain specific special instructions developed and provided by the ASCC (in coordination with MPEP manager). Special instructions will include passport requirements.

3-4. Preassignment orientation and training

a. United States Army personnel identified for positions under the provisions of this regulation will complete the following preparation, as appropriate:
Note. The MPEP does not have funding for training. Any qualification training and requisite temporary duty (TDY) and/or PCS will be part of general U.S. Army training and PCS funding.

(1) Language qualification to the required level of proficiency. The HRC will arrange language training, if necessary.

(2) Any special skill training identified on the personnel requisition form ( DA Form 872 ) that the approved nominee does not possess. The HRC will arrange and fund required skill training, as required.

(3) In processing with the ASCC.

(4) Orientation and in processing at the supporting MPD and F&AO. Orientation is mandatory but will not exceed 2 days.

b. Orders will reflect the preassignment training required. All TDY travel in connection with a PCS in excess of 1 day will be funded from the military personnel, Army appropriation as an exception to AR 600-8-105 .

3-5. Records and pay administration

a. General. The ASCCs and parent units will work together to provide adequate support to Army MPEP personnel. Although the ASCC has the lead for most transactions, parent units will be required to perform some actions. These include arrival and departure actions, flagging actions, and the Army Good Conduct Medal.

b. Personnel records.

(1) Personnel matters that arise during the exchange tour of duty will be coordinated directly between the ASCC and the MPD.

(2) The MPD will, within 5 working days after in processing, send to the U.S. parent unit's MPD, one copy of the following:

(a) Assignment and/or attachment orders.

(b) Officer record brief or enlisted record brief.

(c) Photo static copy of DD Form 93 (Record of Emergency Data).

(d) Service Members Group Life Insurance documentation.

(3) The MPD at the ASCC maintaining the Servicemember's personnel information will ensure that the individual is attached to the electronic military personnel office (eMILPO) personnel file at the servicing Personnel Information System processing activity. This will include submitting an eMILPO arrival transaction to DA. The eMILPO transactions will be submitted per AR 600-8-6 , paragraph 1-17 and eMILPO functional guidance. The ASCC MPD will inform the unit of assignment on changes of the member's duty status ( DA Pam 600-8 , table 9-1-1) and furnish courtesy copies of miscellaneous personnel changes to the unit of assignment servicing the MPD. The MPD of the permanent unit of assignment will then furnish copies of the DA change notifications to the ASCC MPD for updating the Soldier's personnel file.

c. Personnel officer. The personnel officer of the U.S. Army unit of assignment in the exchange will submit an "assigned not joined" and a departure transaction, as appropriate, according to procedures in AR 600-8-6 and send all officer record briefs and enlisted record briefs received during the period of assignment to the ASCC MPD for necessary processing.

d. Finance records. Individual finance records will be maintained by the servicing ASCC F&AO. The individual will send finance actions occurring during the exchange tour of duty through the ASCC.

e. Medical and dental records. The ASCCs will, according to the Armed Forces Health Longitudinal Technology Application, and in coordination with their servicing Armed Forces medical clinic, develop a procedure for maintaining and updating medical and dental records. In cases where MPEP personnel are remotely assigned, the individual will retain their records and those of their Family members. Documents relating to treatment by PN practitioners should be obtained, if possible, and filed in the records. The PN or U.S. medical and dental personnel will annotate the records, as required.

f. Flight records. Normally, U.S. Army exchange personnel in flying status will be provided facilities by the sponsoring army to maintain flight proficiency up to minimum requirements. Waivers to requirements may be granted by DA in accordance with AR 95-1 . Except where other arrangements have been made, the individual will maintain flight records, including all flying time certified by the appropriate host army authorities.

3-6. Uniform policy

a. Exchange personnel will comply with the current U.S. Army uniform guidance in AR 670-1 .

b. The order of dress for any occasion will be that which most conforms to the order of dress of the particular host unit. Customs of the PN will be observed with respect to the wearing of civilian clothing.

c. United States MPEP personnel will wear the unit patch of the U.S. unit to which assigned. Patches of previous units of assignment or host nation patches will not be worn. Authorized combat patches may be worn as specified in AR 670-1.

d. United States MPEP NCOs will be issued (without charge) dress blue and blue mess dress uniforms with accessories according to CTA 50-900 (paid for by the losing command).

3-7. Leave and travel procedures

Exchange personnel may be granted leave when coordinated with the appropriate authorities of the PN. Unless otherwise specified, the ASCC will be the approval authority for all leaves and will furnish one copy of leave authorization to the ASCC MPD for required administrative action according to AR 600-8-10 . Travel procedures and restrictions of the PN and the U.S. Army will apply to all exchange personnel. Subject to approval of the PN, exchange personnel may observe holiday schedules of both services.

3-8. Individual evaluation reports

a. United States Army exchange officers will be evaluated by their PN supervisor using DA Form 67-9 (Officer Evaluation Report) according to AR 623-3 . The ASCC will provide the PN rater with the appropriate advice for submitting efficiency reports. If the PN chain of command desires to endorse the rater's report, the endorsement will be included in the evaluation packet. If necessary, a certified English translation of the letter report will be obtained by the in-country POC and attached with the originals to the officer efficiency report as official enclosures to the officer evaluation report. The DA Form 67-9 (with any PN endorsements) will be forwarded through the MPD at the ASCC to the HRC (HRC-MSE-R) for records processing.

(1) The MPEP rating schemes are established by the ASCC.

(2) The MPEP officers will be rated according to AR 623-3.

(3) The senior rater will be designated by Headquarters, ASCC.

(4) The rated officer will comply with AR 623-3, paragraph 2-9. It is the responsibility of the rated officer to inform the senior rater and the ASCC of changes to their exchange duties and changes in the hosting military service rater.

b. United States Army exchange NCOs will be evaluated according to procedures outlined in AR 623-3 or DA PAM 623-3 , as applicable. The in-country POC should request a letter from the NCO's PN supervisor to assist in preparing the NCO evaluation report, although the letter cannot become an official part of the report. The rater and senior rater will be U.S. Servicemembers designated by the ASCC. The reviewer should be U.S. Army, wherever possible. The evaluation will be forwarded to the ASCC MPD for administrative processing.

3-9. Awards and decorations

a. Award of U.S. Army decorations to U.S. Army personnel participating in the MPEP is governed by AR 600-8-22 and DOD 1348.33. Award recommendations will be initiated by the ASCC with input from the in-country POC and processed through the ASCC MPD.

b. Acceptance of PN awards by U.S. Army personnel is governed by AR 600-8-22, chapter 7.

c. Guidance for award of U.S. Army decorations to PN military exchange personnel is contained in paragraph 5-11 of this regulation.

3-10. Quarters and messing

a. The host government may provide quarters and messing for exchange personnel according to its own laws and regulations. Exchange personnel are responsible for paying charges made by the host government for quarters and messing, when provided, and for any attendant services provided by persons employed by the host government. When required to reimburse the host government for rental quarters, U.S. Army MPEP personnel are entitled to quarters allowance for the locale in which they are residing. The MOA initiating the exchange program will define, in adequate detail, the provisions for quarters in order to allow exchange personnel adequate planning time prior to in-country arrival. The ASCC will provide current information to exchange personnel concerning availability of quarters in the PN.

b. AR 420-1 governs the occupancy of U.S.-provided quarters by PN exchange personnel.

3-11. Health care

a. Before leaving the United States, U.S. Army personnel being considered for assignment to exchange duty, and their dependents, will be required to

(1) Undergo appropriate medical evaluation as prescribed by AR 40-501 . U.S. Army personnel and/or dependents with chronic medical problems may not be accepted for exchange duty due to nonavailability of proper continuing medical care.

(2) Correct any medical or dental defects that might reasonably be expected to require care during an overseas tour.

b. United States Army personnel and their dependents assigned to exchange duty will receive all required immunizations prior to reporting for exchange duty. Immunization requirements for military personnel are outlined in AR 40-562 . For Family members, the Centers for Disease Control and World Health Organization publish guidelines for routine, recommended, and required vaccines. These references are found at www.cdc.gov/travel or www.who.int/ith/en .

c. United States Army personnel will undergo human immunodeficiency virus and/or acquired immune deficiency syndrome screening prior to PCS to the exchange position. Personnel testing positive will not be accepted for exchange duty.

d. The ASCCs will brief exchange personnel on possible health expenses.
Note. If not paid by the host PN, charges for U.S. Army members will be handled under
AR 40-3 and reimbursement for medical care of dependents may be requested by the members under tri-service medical care.

3-12. Reports submitted by U.S. Army exchange personnel

a. General Information.

(1) Each participant in the MPEP is required to prepare accurate, concise, and timely mid-tour and end-of-tour reports, on the following schedules:

(a) For a 12- to 15-month tour, prepare one report in the mid-tour format at the end of tour.

(b) For a 24-month tour, prepare one mid-tour report at 12 months and one end-of-tour report.

(c) For a 36-month tour, prepare one report in mid-tour format at 12 months and reports in the end-of-tour format at end of the second and third years.

(2) The target audience for all reports is the ASCC and the incoming MPEP replacement. This process begins upon receipt of the request for orders for PCS to an exchange assignment.

(3) All reports will be prepared in electronic format with the following distribution:

(a) Host supervisor.

(b) In-country POC, ASCC, and DAMO-SSR, ATTN: MPEP manager.

(c) Replacement when identified.

(d) Parent organization (for example, owning ACOM or command).

(e) File copy for reference.

b. Format and content. The ASCCs will determine formats and contents for reports.

3-13. Jump status

a. Hazardous duty (jump) pay is only authorized when the MPEP position billet is duly recognized by both the U.S. and host armies as one requiring a jump-qualified exchange officer and/or NCO.

b. In the event that individual exchange personnel are invited to participate in exercises or other events not essential to the position held, but which may enhance the credibility of the exchange personnel, as a minimum, individuals meeting the criteria stated below may request permissive jump status by submitting a request to the ASCC.

c. Criteria is as follows:

(1) Have completed the U.S. Basic Airborne Course.

(2) Have 3 or more cumulative years on jump status (with documentation).

(3) Have completed refresher jump training prior to jumping.

(4) Have host nation request for participation.

3-14. Official photographs

Prior to a PCS on an exchange assignment, exchange personnel will ensure that a current official photograph is on file at the HRC. Overseas locations often do not have proper facilities to take a DA standard photo. United States-funded TDY will not be authorized for accomplishment of official photographs.

Chapter 4
Financial and Legal Policies

Section I
Financial Responsibility

4-1. Financial responsibilities of the parent government

The parent government is responsible during the period of exchange for the following:

a. Basic pay and allowances for their exchange personnel.

b. Permanent change of station entitlements. These entitlements include the following: dependent travel, shipment of household goods and privately owned automobile, trailer allowance, dislocation allowance, and overseas station allowances.

c. Temporary duty costs including per diem and other travel allowances when such duty and travel is directed by the parent government. This would include training received in the parent country (such as language school) prior to reporting for exchange duty.

d. Cost of preparation and shipment of remains in the event of death of exchange personnel and/or their dependents.

4-2. Financial responsibilities of the host government

The host government is responsible during the period of exchange for the actual cost of transportation, including per diem and other travel allowances, when it directs a relocation of MPEP personnel from one duty station to another or when directing TDY travel.

4-3. Financial responsibilities of exchange personnel

Exchange personnel are responsible for all routine expenses incidental to their assignment.

4-4. Fiscal limitations of funds to support military personnel exchange program

a. The DCS, G-3/5/7 will budget funds in support of the MPEP and transfer them to the ASCCs to administer. Exchange personnel are not to be tasked with fund administration.

b. The MPEP personnel are not authorized the permanent issue of United States Government (USG) vehicles unless they have domicile-to-duty travel authorization as determined by the ASCC.

c. Exchange personnel are to be fully qualified before departure on assignment. The MPEP funds cannot be used to obtain the basic skills and qualifications of the exchange position.

Section II
Legal Policy

4-5. Status of exchange personnel

Exchange personnel are given the same authority and supervisory responsibilities (except as explained below) that would be given personnel of the host military service employed in the same unit in a similar position. They also receive the same rights and privileges accorded host military service personnel of equivalent grade and rank.

4-6. Jurisdiction over exchange personnel

a. Exchange personnel who commit an offense against the military laws and regulations of either the parent or host service may be separated from the exchange program with a view toward further administrative or disciplinary action by the parent service. Disciplinary action will not be taken by the host service against exchange personnel. The separation of exchange personnel from the program will not affect the right of civil authorities of the host state or its political subdivisions to exercise criminal jurisdiction over such personnel according to applicable international agreements or other diplomatic arrangements related to status of forces.

b. The U.S. Army personnel on exchange duty with another nation's military service will govern their actions according to U.S. Army regulations and will remain subject to disciplinary action under the UCMJ. Consistent with the above, U.S. Army personnel will respect the lawful regulations, orders, instructions, and customs of the host service insofar as they are applicable and consistent with U.S. laws and U.S. Army regulations. They will obey all lawful orders in the same manner as orders issued by personnel of superior grade of their own service.

c. Partner nation personnel on duty with the U.S. Army will, at all times, remain subject to the regulations of their own service or government. They will not be subject to disciplinary action under the UCMJ but will be subject to the provisions of the MPEP MOA.

4-7. Disciplinary powers

Exchange personnel will not exercise disciplinary powers over personnel of the PN except as may be authorized by the laws and regulations of the PN and as articulated in the MOA.

4-8. Claims responsibility

Claims procedures for determining responsibility between parent and host governments for the acts and conduct of exchange personnel will be outlined in the MOA. The extent of U.S. liability for the acts and conduct of U.S. exchange personnel in a sponsoring country will be governed by applicable international agreements, U.S. domestic laws and regulations, and U.S. Army regulations.

4-9. Command positions

a. In no case may PN personnel on exchange duty with the U.S. Army be assigned to positions in which they would be required to perform duties reserved for U.S. personnel. Partner nation personnel on exchange duty may exercise general supervisory functions over U.S. military and civilian employees. However, no personnel actions of a disciplinary nature can be taken which affect civilian employees. These actions must be taken by a U.S. military or civilian employee who is senior to the PN member in the supervisory chain of command. (For specific guidance concerning PN personnel as raters and senior raters for U.S. military personnel, refer to AR 623-3 . For specific guidance concerning PN personnel as raters and senior raters for U.S. civilian employees, refer to AR 690-400 .)

b. United States Army personnel on exchange duty with PN armies may serve in command positions as agreed upon by the host nation and as provided in the MOA or the negotiated position description.

4-10. Disposition of exchange personnel in the event of hostilities

a. United States Army exchange personnel will not be placed on duty or in a position in areas of political sensitivity where their presence could jeopardize the interests of the USG.

b. Unless expressly authorized by the USG, U.S. Army exchange personnel assigned to duty with PN military units will not participate in combat operations. This restriction applies to all hostilities to include civil-military actions within the PN or its sovereign possessions or territories in which the PN's military forces are called upon to assist in restoring law and order.

c. This restriction does not apply to civil-military actions in which the military is requested to assist in providing humanitarian relief to areas devastated by natural or manmade catastrophes.

d. In any case where involvement in hostilities (as defined in para 4-10 b ) becomes imminent, military duties of U.S. Army exchange personnel will be terminated, unless prior authorization by the USG has been granted. These personnel will contact the USG and/or U.S. Army authorities for further instructions.

e. Requests for clarification on the application of this policy to individual exchange officers should be directed to the HQDA MPEP manager through the appropriate ASCC.

4-11. Operational deployment procedures

When a PN requests to deploy U.S. Army exchange personnel for operational purposes, the following procedures will be implemented:

a. At earliest indication of possible deployment, exchange personnel will immediately notify the ASCC through the in-country POC. Care must be taken not to compromise PN security when making notification. Under no circumstances will exchange personnel deploy with their host unit until in receipt of DOD-issued authorization.

b. The ASCC will immediately inform the HQDA MPEP manager (DAMO-SSR) of possible request for deployment and follow-on guidance.

c. The PN must submit formal requests for deployment through U.S. Embassy team channels to the ASCC and HQDA MPEP manager.

d. The HQDA MPEP manager will ensure DA, DOD, and Joint Chiefs of Staff coordination. Authority to deploy is granted by the Secretary of Defense; the Chairman, Joint Chiefs of Staff signs the deployment order, unless otherwise delegated.

e. Deploying exchange personnel must be fully briefed on the DODD 2311.01E and the rules of engagement for the deployed host unit.

f. The ASCC will notify the Joint Staff (the J-1 through the Army DCS, G-1 channels) upon deployment of exchange personnel and upon the return of exchange personnel to the PN. On a weekly basis, ASCC will provide notice of the following: name, country, date of departure, number of days deployed, date of return, unit of assignment, and name of the operation. The ASCC will provide information copies of all reports to the HQDA MPEP manager and owning ASCC or command, as appropriate.

Chapter 5
Partner Nation Personnel

5-1. Conditions and limitations

a. The PN MPEP participants

(1) Will not act in the dual capacity as a PN MPEP participant and as a participant in any other extended visitor program (such as, foreign liaison officer, Cooperative Partnership Program, Engineer and Scientist Exchange Program, or Administrative Professional Exchange Program) while assigned to a DA command.

(2) Will not serve as conduits between DA and their government for requests and transmission of classified military information (CMI) and controlled unclassified information (CUI) or be used as a mechanism for exchanging technical data or other controlled information between the governments.

(3) Will not be assigned to positions that would require them to exercise responsibilities reserved by law or regulation to an officer or employee of the USG. They will not, for example, perform responsibilities of a contracting officer's technical representative, component duty officer, classified document custodian or security officer, escort for PN visitors, or perform other official acts as a representative of the DA. When attending meetings or conferences outside the host command and/or activity, the PN MPEP participant must make it clear that they are performing in an exchange role and cannot represent the U.S. Army. Under no circumstance will they be sent as the sole representative of the command and/or activity.

(4) Will not be assigned to DOD contractor facilities.

(5) Will not be placed in duty positions that could result in their access to CMI or CUI that has not been authorized for disclosure to their government.

(6) Will not have permanent custody of CMI and CUI. They may have access to the information during normal duty hours at the place of assignment when access is necessary to perform their duties and the information is authorized for disclosure pursuant to the DDL or equivalent disclosure guidance. In all cases, local security policies and procedures apply.

b. The PN MPEP participants' access to restricted areas will be in accordance with AR 190-13 and local security policies and procedures and as specified in DDLs or equivalent disclosure guidance documents.

c. The DA will not submit Exceptions to National Disclosure Policy-1 requests solely to accommodate establishing or continuing a MPEP position.

d. Assigning PN participants to exchange positions will not be used for training PN personnel or, instead of, or in combination with, the MPEP certification. Pursuant to Section 1082 of Public Law 104-201, training may not be conducted under the MPEP except as necessary to familiarize, orient, or certify PN MPEP participants regarding unique aspects of their assigned positions and equipment.

(1) All PN aviators will complete, at U.S. Army expense, the appropriate qualification course for the aircraft they will fly while on exchange with the U.S. Army.

(2) All PN instructors at the U.S. Army Sergeants Major Academy will complete the Sergeants Major Course 2 to 5 years prior to assuming an MPEP exchange instructor position. Exceptions to this will be made on a case-by-case basis and negotiated with the PN. The course cost must be borne by the PN in the form of an International Military Education and Training allocation or on a self-pay basis.

(3) Once PN exchange personnel have been assigned to the U.S. unit, the cost of training programs conducted to familiarize, orient, or certify them regarding unique aspects of the assignment will be borne by the host unit. This includes costs related to the use of facilities in performance of their duties, as well as TDY costs directed by the hosting unit.

e. Reciprocal PN MPEP participants will not be used to augment staff positions or to obtain personnel resources beyond authorized manning levels.

f. The PN MPEP participants will wear their uniforms according to local command customs and tradition. If required, they will wear, in clear view, a DA building or installation pass or badge that clearly identifies them as PN personnel.

g. Any other identification (including organizational code and title, block, office nameplate, security badge, or e-mail address) used by or issued to PN MPEP participants by the host unit will clearly identify the MPEP participant's status as a PN national. For example, an e-mail address will resemble the following: "SmithJ (Full country name National)@hqda.army.mil". Acronyms for country names will not be used. The recipient of the PN MPEP participant's e-mail message must be able to identify the MPEP as a PN national.

5-2. Certification

a. Partner nation military personnel exchange program participants are certified to DA commands or agencies to perform assigned duties. Terms of certification are determined by the hosting command. They are derived from, and are consistent with, the scope and provisions of the MOA, the position description, and local security policies and procedures.

b. Each PN MPEP participant must sign a certification statement acknowledging the terms of their assignment. A copy of the signed certification statement, which will be maintained by the local foreign disclosure officer (FDO), must be provided to the participant and the respective ACOM's FDO within 15 days of arrival. If the PN MPEP participant refuses to sign the certification statement, the command or agency must immediately notify the DCS, G-2, which will notify the DA proponent and together resolve the issue through the parent government's military attach in Washington, DC.

5-3. Processing nominations

a. Processing.

(1) Step 1: The appropriate PN military attach will submit an extended visit authorization (EVA) request at least 90 days prior to the requested date of assignment of the PN MPEP participant. In the EVA request, the PN military attach provides written notification to the DCS, G-2 of the following:

(a) Nominee is an officially sponsored exchange participant of that government.

(b) Nominee holds the specified level of security clearance.

(c) Nominee has a statement of official sponsorship and security assurance.

(d) Nominee has a biography. The EVA or a separate communication from the PN embassy to the DCS, G-2 must contain a biography describing the nominee's career and qualifications to meet the requirements of the designation position, as well as a photograph meeting the requirements stated in the U.S Army Attach ' Guide-Administrative Guidance.

(2) Step 2: The DCS, G-2 will process the EVA request to the command or agency to which the PN MPEP participant is to be assigned. Since the position DDL or equivalent disclosure guidance outlining the terms of the certification of the PN MPEP participant will be precoordinated and approved, the recipient DA command or agency should respond by the stated suspense date on the EVA request. The position DDL or equivalent disclosure guidance will remain valid until there is a change to the scope of the position or the position is terminated. (See AR 380-10 , app D for detailed information on DDLs.) The receiving command is not the decision authority for rejecting a country's nominee based on qualification standards. Rejection of a nomination based on a lack of qualifications to meet position requirements must receive concurrence of the first general officer in the chain of command before notifying the appropriate ASCC and the DCS, G-3/5/7 for resolution with the PN.

(3) Step 3: Upon receipt of the concurrence of the recipient command or agency, the DCS, G-2 will approve the EVA request and notify the DCS, G-3/5/7; the PN military attach ; and the recipient command or agency of the approval. The PN military attach will then coordinate with the recipient command or agency for the arrival of the PN MPEP participant.
Note. Department of the Army commands or agencies may not accept or have contact with a PN MPEP participant until the DDL has been approved by the appropriate authority and subsequently received and approved by the DCS, G-2. The required biography and photograph must be submitted to the DCS, G-2 before approval will be granted. If the PN MPEP participant arrives prior to visit approval, the command or agency involved will not permit the PN MPEP participant to commence his or her duties. The command or agency FDO must be notified immediately. The command or agency FDO will then notify the DCS, G-2, who will coordinate the disposition of the PN MPEP participant with the DCS, G-3/5/7 and the appropriate PN military attach , and provide instructions to the command or agency FDO.

b. Modification of a military personnel exchange program position. Any proposal to change the scope of a PN MPEP participant's certification will be according to the procedures outlined in chapter 2 , with emphasis on the specific modification. Any proposal to extend the PN MPEP participant's duration must be initiated and requested by the appropriate PN military attach using the Foreign Visits System or by letter, if the embassy is not on the Foreign Visits System. Under the "purpose of visit request" section of the extension request, the appropriate PN military attach will state "extension of current visit" citing the existing visit request number. The hosting unit cannot initiate a request for an extension of current visit.

c. Reevaluation of a military personnel exchange program position. See paragraphs 1-4 j (8) and 2-5.

5-4. Administration

a. Visits. All visits or travel by the PN MPEP participant will be according to the standing operating procedures of the unit of assignment. However, all travel orders will identify the individual as a PN MPEP participant assigned to a U.S. DOD or U.S. Army organization.

b. Library and publications support. At the discretion of the host activity's contact officer and through coordination with the FDO, a PN MPEP participant may be granted supervised access to the CMI section of the command or agency library. Additionally, each PN MPEP participant may be provided a reference set of DA and activity publications necessary to the successful performance of the PN MPEP participant's duties, consistent with his or her approved terms of certification. Publication reference sets are to be on loan, and such sets must be returned or transferred to the PN the MPEP participant's successor when his or her certification ends.

c. Computer access. The PN MPEP may not have unsupervised access to computer systems (stand-alone or network) unless the information accessible by the computer is authorized for disclosure to their government. The PN MPEP will use only Army-issued computer equipment while in the workplace. (See para 5-1 g for information regarding e-mail addresses and messages.) In all cases, the provisions of AR 25-2 and local security procedures will apply.

d. Misconduct. The PN MPEP serves at the pleasure of the U.S. Army and must comply with all applicable statutory and regulatory (DOD, DA, and local) guidance. If a PN MPEP participant violates the terms of certification; violates applicable law, DOD, DA, or local regulatory guidance; or otherwise conducts personal or professional affairs in an unsatisfactory manner; the contact officer will notify the local agency or command FDO and provide a written report on the inappropriate action, through command channels, to the DCS, G-3/5/7 (DAMO-SSR), with a recommendation for final disposition (such as temporary suspension or permanent revocation of privileges) or revocation of certification. The DCS, G-3/5/7 (DAMO-SSR) will coordinate the resolution of all PN MPEP participant misconduct cases with the ASCC; host commands; the DCS, G-2; The Judge Advocate General; and PN representatives.

5-5. Health care

a. The PN MPEP participant and his or her spouse and dependent children, are authorized certain DOD health care benefits under AR 40-400. The scope of benefits varies depending on the member's parent state but usually includes outpatient medical care in DOD hospitals and clinics. Inpatient medical care is available on a routine basis for North Atlantic Treaty Organization personnel and on an emergency basis for other personnel. Dental care is normally available only for military members.

b. There is a charge for using DOD health care by PN personnel, unless a special arrangement exists with the member's parent state (for example, North Atlantic Treaty Organization personnel are not charged for outpatient care). If not subject to a specific arrangement, health care costs must be reimbursed by the individual or parent state.

c. On arrival at the U.S. duty station, the member and his or her spouse should visit the nearest DOD hospital and talk to the patient benefits counselor about the care available, admittance procedures, payment of bills, and so forth.

5-6. Supervisor functions

The DA official supervising a PN MPEP participant will

a. Ensure that the PN MPEP participant understands the duties to be performed in the assigned position.

b. Ensure that the PN MPEP participant is provided access only to that CMI and CUI necessary to fulfill the duties of the position description as described in the DDL or equivalent disclosure guidance.

c. Be familiar with this regulation, AR 380-10 , and other applicable regulatory guidance governing the disclosure of CUI, and specific disclosure guidelines established in the DDL or equivalent disclosure guidance.

d. Inform coworkers of the disclosure limitations on access to CMI and CUI related to the PN MPEP participant and their responsibilities in dealing with the PN MPEP participant.

e. Develop a certification process to ensure that the PN MPEP participant meets minimum requirements outlined in the position description submitted to HQDA. The supervisor will ensure that the PN MPEP participant signs a certification form with the contact officer (see para 5-7 a (2) ) before being assigned to the position.

f. Ensure that the DDL is NOT provided to the PN MPEP participant. The DDL is a U.S eyes-only document.

5-7. United States contact officer

a. Contact officers will be designated in writing by commanders or agency heads, or their designees to facilitate and oversee the activities of the PN MPEP participants at DA commands or agencies. The contact officer should be of equivalent rank and grade or higher, if available, to the PN MPEP participant. A primary and an alternate contact officer must be identified in the DDL (para 8). They must be physically accessible to and have daily contact with the PN MPEP participant. All contact officers must be familiar with this regulation, other applicable guidelines governing the disclosure of CMI and CUI, and specific disclosure guidelines established in the DDL. The local FDO will brief the contact officer on his or her duties. Contact officers will also adhere to the guidelines listed below.
Note. Commands or agencies will not assign the duties of a contact officer to U.S. contractors, unless it is specifically written in their contract that they are official representatives of the U.S. Army.

b. The contact officer for a PN MPEP participant will

(1) Be briefed by the FDO and become familiar with this regulation, and the specific terms of certification approved by the DCS, G-2 for the individual PN MPEP position.

(2) Initially brief a new PN MPEP participant on DA and local policies and procedures affecting the PN MPEP participant's status and performance of duties, as well as customs of the U.S. Army; subsequently, the contact officer will render advice and assistance to the PN MPEP participant in complying with such policies and procedures. The contact officer will have the PN MPEP participant sign a certification form indicating his or her agreement and understanding. The contact officer will provide a copy of the signed certification form to the PN MPEP participant.

(3) In conjunction with the FDO, evaluate the PN MPEP participant's requests for consultations and visits and assist in arranging activities that the contact officer deems substantively consistent with the PN MPEP participant's approved terms of certification. Consultations and visits beyond a PN MPEP participant's terms of certification require the submission of formal visit requests by the PN MPEP participant's embassy in Washington, DC.

(4) Receive, evaluate, and recommend and/or refer all PN MPEP participant requests for CMI to the FDO.

(5) Receive, evaluate, and refer all PN MPEP participant requests involving CUI according to local procedures.

(6) Notify the DCS, G-2 through foreign disclosure channels when the designated contact officer has been changed or upon permanent departure of the PN MPEP participants under their oversight.

(7) Notify the supporting counterintelligence and local security offices of any foreign visitor activity, which is reportable under the provisions of AR 381-12 .

(8) Comply with the procedures cited in paragraph 5-4 d of this regulation regarding misconduct on the part of the PN MPEP participant.

(9) Brief U.S. personnel with whom the PN MPEP participant will have official contact (to include one-time and recurring visits external to the command or agency) to ensure that they are made fully aware of disclosure guidance and restrictions.

5-8. Operational deployment procedures

The U.S. Army units hosting PN exchange personnel must have HQDA approval prior to PN personnel participating in operational deployments. The following procedures will be used to obtain approval:

a. If a unit desires to deploy its exchange personnel, the personnel will be notified of that intent and assisted in notifying their embassy in Washington of the unit's intent. This assistance is required to ensure that operational security is not compromised.

b. The unit will submit a request through command channels to the DCS, G-3/5/7 (DAMO-SSR ATTN: MPEP Manager) requesting approval to deploy PN exchange personnel. The DAMO-SSR will coordinate DA and local embassy approval for PN personnel to deploy.

c. The host unit must notify DAMO-SSR through command channels when PN exchange personnel deploy and when they return to continental United States.

5-9. Official travel procedures

When a PN MPEP participant is directed to perform official U.S. Army travel in performance of their exchange duties, they will be issued a DD Form 1610 (Request and Authorization for TDY Travel of DOD Personnel). Block 16 (remarks) of the DD Form 1610 will identify the individual as a MPEP participant and state that they are entitled to the same travel priorities and privileges as U.S. military personnel. The PN MPEP participants are paid the same travel and per diem rates as U.S. military personnel for official travel.

5-10. Casualty reporting

All PN MPEP participants will complete a DD Form 93 . As a minimum, Blocks 1 through 8 and Block 13 will be completed. Block 13 will contain contact information for the participant's embassy in Washington, DC, to include the appropriate service attach , address, phone and fax numbers. Copies of the DD Form 93 will be maintained the same as for U.S. personnel (with copies also provided to the embassy POC and the individual).

5-11. Issuance of awards

Award of U.S. Army decorations to the PN MPEP participants will be processed according to procedures outlined in AR 600-8-22 and DOD 1348.33 . Award recommendations will be forwarded through the S-1 and/or DCS, G-1 channels to HQDA (DAPC-ALA) for approval. In many instances, PN MPEP participants are prohibited from receiving U.S. awards. Prior to initiating any such recommendation, the initiating office must verify the conditions of acceptance with the U.S. Army attach in that country. Letters of commendation may be issued without prior approval from HQDA and should be sent through the appropriate ACOM, ASCC, or DRU for forwarding to the appropriate military attach in Washington, DC.

Appendix A
References

The Official Army Publications Web Sites.

Publication Section I
Required Publications

AR 11-6. Army Foreign Language Program (Cited in para 3-2 f .)

AR 11-31. Army International Security Cooperation Policy (Cited in paras 1-5 a , 1-8 .)

AR 25-2. Information Assurance (Cited in paras 5-4 c , C-4 e (5) .)

AR 40-3. Medical, Dental and Veterinary Care (Cited in para 3-11 d .)

AR 40-400. Patient Administration (Cited in para 5-5 a .)

AR 40-501. Standards of Medical Fitness (Cited in para 3-11 a (1) .)

AR 40-562. Immunizations and Chemoprophylaxis (Cited in para 3-11 b .)

AR 95-1. Flight Regulations (Cited in para 3-5 f .)

AR 380-10. Foreign Disclosure and Contacts with Foreign Representatives (Cited in paras 1-4 b (5) , 1-4 d , 2-2 f , 5-3 a (2) , 5-6 c .)

AR 420-1. Army Facilities Management (Cited in para 3-10 b .)

AR 550-51. International Agreements (Cited in paras 2-2 c , 2-2 e .)

AR 600-8-6. Personnel Accounting and Strength Reporting System (Cited in paras 3-5 b (3) , 3-5 c .)

AR 600-8-10. Leaves and Passes (Cited in para 3-7 .)

AR 600-8-22. Military Awards (Cited in paras 3-9 a , 3-9 b , 5-11 .)

AR 600-8-105. Military Orders (Cited in para 3-4 b .)

AR 614-30. Overseas Service (Cited in para 3-1 d .)

AR 623-3. Evaluation Reporting System (Cited in paras 1-4 g (2) , 3-8 a (2) , 3-8 a (4) , 3-8 b , 4-9 a .)

CTA 50-900. Clothing and Individual Equipment (Cited in para 3-6d .)

DA Pam 600-8. Management and Administrative Procedures (Cited in para 3-5 b (3) .)

DA Pam 623-3. Evaluation Reporting System (Cited in para 3-8 b .)

DOD 1348.33. Manual of Military Decorations and Award (Cited in paras 3-9 a , 5-11 .)

DODD 5230.20. Visits, Assignments, and Exchanges of Foreign Nationals (Cited in paras 1-4 d , 1-7 a .)

10 USC 168 and as amended by Sec. 1201 of Public Law 110-84. Military to Military Contacts and Comparable Activities (Cited in paras 1-7 a , 1-7 b .)

10 USC 2608. Acceptance of contributions for defense programs (Cited in para 1-7 b .)

Section 1082 of Public Law 104-201. National Defense Authorization Act for Fiscal Year 1997 (Cited in para 5-1 d .)

Section 1207 of Public Law 111-84. National Defense Authorization Act for Fiscal Year 2010 (Cited in para 1-7 b .)

Publication Section II
Related Publications

A related publication is a source of additional information. The user does not have to read a related reference to understand this publication.

AR 190-13. The Army Physical Security Program

AR 350-1. Army Training and Leader Development

AR 381-12. Subversion and Espionage Directed Against the U.S. Army (SAEDA)

AR 600-20. Army Command Policy

AR 670-1. Wear and Appearance of Army Uniforms and Insignia

AR 690-400. Total Army Performance Evaluation System

Army Campaign Support Plan. Available on SIPR at http://www.hqda-g3.army.smil/ARGOS/PORTALS/DAMO-SSI .

Army Security Cooperation Strategy. Available on SIPR at http://www.hqda-g3.army.smil/ARGOS/PORTALS/DAMO-SSI .

DODD 2311.01E. DOD Law of War Program

DODD 5230.11. Disclosure of Classified Military Information to Foreign Governments and International Organizations

DODD 5530.3. International Agreements

National Disclosure Policy-1. National Policy and Procedures for the Disclosure of Classified Military Information to Foreign Governments and International Organizations

U.S. Army Attach Guide-Administrative Guidance. Available at http://www.dami.army.pentagon.mil/pub/dami-fl/documents/Administrative%20Guidance-Dec-2009.pdf .

22 USC. Foreign Relations and Intercourse

Publication Section III
Prescribed Forms

This section contains no entries.

Publication Section IV
Referenced Forms

Except where otherwise indicated below, the following forms are available as follows: DA Forms are available on the Army Publishing Directorate web site ( http://www.apd.army.mil ). DD Forms are available from the OSD web site ( http://www.dtic.mil/whs/directives/infomgt/forms/formsprogram.htm ).

DA Form 11-2. Internal Control Evaluation Certification

DA Form 67-9. Officer Evaluation Report

DA Form 872. Requisition for Individual Officer Personnel

DA Form 2028. Recommended Changes to Publications and Blank Forms

DD Form 93. Record of Emergency Data

DD Form 1610. Request and Authorization for TDY Travel of DOD Personnel

Appendix B
Procedures for Managing the Military Personnel Exchange Program

Section I
Duty Descriptions, Nominations, and U.S. Assignment Cycle Flow

This section provides required information for submitting duty descriptions and nominations, as well as an outline of the selection, nomination, and assignment process.

B-1. Duty description

Duty descriptions for U.S. and PN personnel by HRC will be addressed to the responsible ASCC MPEP manager and contain the following information.

a. Position unit and location.

b. Tour length.

c. Desired grade.

d. Duty title.

e. Security clearance required.

f. Detailed description of duties.

g. Qualifications, experience, and training:

(1) Mandatory.

(2) Desired.

h. Include any important aspects of the position in the remarks. Information concerning the position need not be limited to the above requirements. To avoid confusion for PNs, avoid the use of abbreviations and acronyms. If access to U.S. classified information is required, the level, scope, and content must be described in detail. Refer to chapter 2 for specific instructions.

B-2. Information for nomination of U.S. exchange personnel

Nominations for U.S personnel by HRC will be addressed to the responsible ASCC MPEP manager and contain the following information:

a. Nominee rank, name, MOS, and branch.

b. Marital status.

c. Date of rank.

d. Civilian education.

e. Military education (course and year graduated).

f. Awards and decorations.

g. Security clearance (type and date).

h. Past military assignments (year, month, unit, and position).

i. Language capability/rating (language, date, and rating).

j. Army Knowledge Online (AKO) e-mail address.

B-3. Selection, nomination, and assignment

Figure B-1 outlines the selection, nomination, and assignment process for U.S. exchange personnel. Chapter 3 provides more detailed guidance.



Figure B-1. U.S. assignment cycle flow chart


Section II
Establishing or Changing Programs or Positions

This section outlines the process for establishing a new exchange program and recommending changes to existing exchange positions.

B-4. Establishing an exchange position

Figure B-2 outlines the process for establishing an exchange position. Chapter 2 provides more detailed guidance.



Figure B-2. Establishing an exchange position


B-5. Changing an existing exchange position

Figure B-3 outlines the process for changing a position within an established exchange program. Chapter 2 provides more detailed guidance.



Figure B-3. Changing an existing exchange position


Appendix C
Internal Control Evaluation Checklist

C-1. Function

The functions covered by this checklist are the administration, management, and support of the MPEP. They include key controls for the following areas: establishing and/or changing programs and positions; program assessment; selection, nomination, and assignments; deployment procedures; and processing and administering PN participants.

C-2. Purpose

The purpose of this evaluation is to assist assessable unit managers, internal control administrators, MPEP managers, and the ASCCs in evaluating the key internal controls outlined below. It is not intended to cover all controls.

C-3. Instructions

Answers must be based on the actual testing of internal controls (such as document analysis, direct observation, sampling, and/or simulation). Answers that indicate deficiencies must be explained and corrective action indicated in supporting documentation. These key internal controls must be formally evaluated at least once every 5 years. Certification that this evaluation has been conducted must be accomplished on DA Form 11-2 (Internal Control Evaluation Certification).

C-4. Test questions

a. Establishing and/or changing programs and positions.

(1) Does a valid, signed MOA exist for each program?

(2) Is a validated job description available for each position?

(3) Is a validated job DDL available for each position?

b. Program assessment.

(1) Has the ASCC conducted an assessment of each position within the past 12 months?

(2) Does the ASCC require each participant to submit position reports?

(3) Does the ASCC conduct an annual assessment conference?

(4) Does the ASCC submit an annual assessment summary to HQDA, MPEP manager?

(5) Does the ASCC submit an annual budget estimate to identify program requirements?

c. Selection, nomination, and assignments.

(1) Are nomination procedures being adhered to by the HRC and the ASCC?

(2) Does the ASCC provide accurate, updated DA Forms 872 and special instructions to the HRC?

(3) Are the PN MPEP participants arriving to their assignments qualified, including appropriate host language?

d. Deployment procedures.

(1) Are formal PN MPEP requests for deployment submitted through U.S. Embassy team channels to the ASCC and HQDA MPEP manager?

(2) Does the ASCC notify the Joint staff through Army DCS, G-1 channels upon the deployment of exchange personnel, to include weekly status updates?

(3) Are deploying PN MPEP participants fully briefed on the Laws of War and the Rules of Engagement for the deployed host unit?

e. Administering PN MPEP participants.

(1) Are nominations submitted by the PN to HQDA being forwarded to the ASCC, ACOM, or DRU for review and approval by the hosting command?

(2) Does the host command coordinate timely processing of EVAs and DDLs through appropriate DCS, G-2 channels?

(3) Is the PN MPEP participant assigned to a position in accordance with the MOA and this regulation?

(4) Is a signed PN certification statement maintained by the local FDO?

(5) Is PN computer access supervised and restricted as specified by AR 25-2 , local security policy, and this regulation?

(6) Are measures in place at the hosting command to ensure that only authorized access to the CMI or the CUI by the PN MPEP participants as specified in the DDL?

C-5. Supersession

This checklist is the initial internal control evaluation checklist for the military personnel exchange program.

C-6. Comments

Help make this a better tool for evaluating internal controls by submitting comments to the Deputy Chief of Staff, G-3/5/7, ATTN: DAMO-SSR, 400 Army Pentagon, Washington, DC 20310-0400.

Glossary

Section I

Abbreviations

ACOM

Army command

AKO

Army Knowledge Online

AOR

area of responsibility

AR

Army regulation

ASCC

Army service component command

CMI

classified military information

CSA

Chief of Staff, Army

CUI

controlled unclassified information

DA

Department of the Army

DAJA-IO

The Judge Advocate General, International and Operational Law Division

DA Pam

Department of the Army pamphlet

DCS, G-1

Deputy Chief of Staff, G-1

DCS, G-2

Deputy Chief of Staff, G-2

DCS, G-3/5/7

Deputy Chief of Staff, G-3/5/7

DDL

delegation of disclosure authority letter

DOD

Department of Defense

DODD

Department of Defense directive

DRU

direct reporting unit

EFMP

Exceptional Family Member Program

eMILPO

electronic military personnel office

EVA

extended visit authorization

F&AO

financing and accounting office

FDO

foreign disclosure officer

HQDA

Headquarters, Department of the Army

HRC

U.S. Army Human Resources Command

MOA

memorandum of agreement

MPEP

military personnel exchange program

MPD

military personnel division

NCO

noncommissioned officer

POC

point of contact

PN

partner nation

PCS

permanent change of station

TDY

temporary duty

UCMJ

Uniform Code of Military Justice

U.S.

United States

USC

United States Code

USG

United States Government

Section II

Terms

U.S. Army Military Personnel Exchange Program with Military Services of Other Nations

Department of the Army program for exchanging personnel between the U.S. Army and the Military Services of Other Nations under formal agreement.

U.S. Army exchange personnel

U.S. Army personnel (officer or career enlisted) assigned to exchange duty with another nation's military service.

PN exchange personnel

PN personnel (officer or enlisted) participating in the MPEP who are assigned to exchange duty with the U.S. Army.

Exchange personnel

Personnel of either the U.S. Army or PN military service assigned to exchange duty under the MPEP.

Exchange program

A program that provides for the exchange of personnel between the U.S. Army and another nation's military services. A program may consist of a varying number of exchange positions.

Exchange position

A specific job position for which an individual is exchanged between the U.S. Army and another nation's military services.

HQDA military personnel exchange program manager

Program manager for the Army's MPEP program. Assists the CSA and the DCS, G-3/5/7 in developing the MPEP policy and managing its execution.

HQDA-designated signature authority

Authority designated to sign MOAs and MOA annexes for the U.S. Army. These authorities include members of the HQDA executive leadership; the Commanding General, U.S. Army Service Component Command; DCS, G-3/5/7, Director, Strategy, Plans, and Policy (G-35/DAMO-SS); the Deputy Director, Strategy, Plans, and Policy (G-35/DAMO-SS); or other offices as determined by DCS, G-3/5/7.

In-country point of contact

The ASCC may designate an appropriate entity in each country with serving exchange personnel for oversight and control. He or she is responsible, through the ASCC to DA, for exercising oversight and support of the program personnel in the country to which they are assigned.

Host service

Headquarters of the military service of the country to which the exchange personnel are assigned pursuant to this exchange program.

Nonreciprocal position

Position within the MPEP which allows a country to assign a participant without receiving a reciprocal participant in return. Such positions are possible on an exceptional basis, are covered under different sections of the USC, and require specific language in their MOA. Support and oversight, however, remain the same as with traditional MPEP exchanges.

Parent service

The military service of the country to which exchange personnel belong.

Partner nation

Nation of citizenship of a non-U.S. MPEP participant. For example, the PN of a German officer on exchange duty in the United States is Germany.

Section III

Special Terms

This section contains no entries.