Personnel exchanges and liaison officers

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1. Where these authorities sit

Chapter 16 of title 10 is headed Security Cooperation, and it collects the standing authorities the Defense Department uses to work with foreign militaries. Its second subchapter covers military-to-military engagements. Three sections there govern the people side of that work: personnel exchanges, the costs of foreign personnel and liaison officers, and small awards for foreign nationals. The capacity building authority in the same chapter is covered in section 333, the authority to build partner capacity.

2. Exchanging defense personnel

The Secretary of Defense may enter into international defense personnel exchange agreements (10 U.S.C. 311(a)). Such an agreement is made with the government of a friendly foreign country, or with an international or regional security organization. It may be reciprocal or non-reciprocal. It exchanges members of the armed forces and Defense Department civilians for military and civilian personnel of the partner’s defense or security ministry.

Two kinds of exchange need the Secretary of State’s concurrence. One is an exchange with a non-defense security ministry of a foreign government. The other is an exchange with an international or regional security organization (10 U.S.C. 311(a)).

Under an agreement, foreign defense ministry personnel may fill positions in the Defense Department, and Defense Department personnel may fill positions in the foreign ministry, including as instructors (10 U.S.C. 311(b)). An exchange of research and development personnel can go further. It may place Defense Department personnel in private industry that supports the host government’s defense ministry, subject to the Secretary of State’s concurrence. No one may be assigned unless the assignment is acceptable to both governments.

3. Equal qualifications, and each side pays its own

A reciprocal agreement must be balanced. Each government must provide personnel "with qualifications, training, and skills that are essentially equal to those of the personnel provided by the other government" (10 U.S.C. 311(c)).

The general rule on cost is that each government pays for its own people. That covers salary, per diem, cost of living, travel, language or other training, and other costs, under its own laws and regulations (10 U.S.C. 311(d)). Three costs fall outside the rule. They are temporary duty directed by the host government, training that familiarizes, orients or certifies exchanged personnel for their assignments, and costs incident to using host government facilities in performing assigned duties.

The section also protects the status of the people exchanged. "No personnel exchanged pursuant to an agreement under this section may take or be required to take an oath of allegiance to the host country or to hold an official capacity in the government of such country" (10 U.S.C. 311(e)). The qualification and cost rules also apply when a military department uses its own authority to agree an exchange of military personnel with a foreign country (10 U.S.C. 311(f)).

4. Paying the expenses of foreign personnel

A separate section lets the Secretary of Defense pay expenses considered necessary for theater security cooperation (10 U.S.C. 312(a)). The core category is travel, subsistence and similar personnel expenses, and special compensation. These may be paid for defense personnel of friendly foreign governments. With the Secretary of State’s concurrence, they may also be paid for other personnel of friendly foreign governments and for non-governmental personnel (10 U.S.C. 312(b)(1)).

The authority reaches meetings as well. It covers travel and subsistence for attendance at conferences, seminars and similar meetings that directly support interoperability between American forces and a partner’s national security forces (10 U.S.C. 312(b)(4)). The listed purposes are conducting operations, providing equipment or training, and planning or executing bilateral or multilateral training, exercises or operations. Other limited expenses of such meetings may also be paid where the Secretary considers them appropriate (10 U.S.C. 312(b)(5)).

The money is aimed at developing countries. Expenses and special compensation may be paid only for personnel from developing countries. The exception needs a determination by the Secretary that paying for another country is necessary to respond to extraordinary circumstances and is in the national security interest (10 U.S.C. 312(c)(1)). Travel and subsistence for any individual may not exceed what a member of the armed forces of comparable grade would receive for similar travel under chapter 7 or 8 of title 37 (10 U.S.C. 312(e)(1)).

5. Liaison officers at American headquarters

Foreign liaison officers temporarily assigned to a Defense Department headquarters may receive administrative services and support (10 U.S.C. 312(b)(2)). The term includes base or installation support services, office space, utilities, copying, fire and police protection, and computer support. It also includes training that familiarizes, orients or certifies liaison personnel for their assignments (10 U.S.C. 312(g)). That support may be given with or without reimbursement, on terms set in the agreement used to assign the officer (10 U.S.C. 312(d)).

The Department may go further and pay a liaison officer’s expenses, but only where the assignment was requested by a combatant commander, a service chief or the head of a Defense Agency (10 U.S.C. 312(b)(3)). The payable expenses are travel and subsistence, and personal expenses directly necessary to the officer’s duties. Mission-related travel is also payable where it supports national security interests and the requesting official directs round-trip travel from the assigned location.

Medical care at a civilian facility can be paid, under three conditions. Adequate care must be unavailable at a local military medical treatment facility, and the Secretary must determine that payment is necessary and in the best interests of the United States. Care must also be unavailable under any treaty or other international agreement (10 U.S.C. 312(b)(3)).

Two limits apply. The amount paid for these expenses for any liaison officer in any fiscal year may not exceed $150,000 (10 U.S.C. 312(e)(2)). For a non-defense liaison officer, support and expenses are available only if the Secretary of Defense accepted the assignment in coordination with the Secretary of State (10 U.S.C. 312(c)(2)). The Secretary must prescribe regulations for the section and submit them to the two Armed Services Committees (10 U.S.C. 312(f)).

6. Awards and mementos

The Secretary of Defense may present awards and mementos, bought with operation and maintenance funds, to recognize superior noncombat achievements or performance by members of friendly foreign forces and other foreign nationals (10 U.S.C. 313(a)). The achievement must significantly enhance or support the National Security Strategy.

The statute gives four examples of qualifying performance (10 U.S.C. 313(b)). It may shape the international security environment in ways that protect American interests, or support overseas presence and peacetime engagement, including security assistance training and programs. It may also help deter aggression and build coalitions, or serve as a role model for appropriate conduct by military forces in emerging democracies. Spending on each memento is capped at the minimal value in effect under the foreign gifts provision of title 5, section 7342(a)(5) (10 U.S.C. 313(c)).

7. What this means in practice

For industry, the research and development exchange provision is the one to note. It is the route by which a Defense Department employee may be placed in a company that supports a foreign defense ministry. Training and exercises with foreign forces are covered in training and exercises with foreign forces.

Key terms

Defense personnel exchange agreement	An agreement with a friendly government or security organization to exchange military and civilian defense personnel.
Theater security cooperation	The purpose for which travel, subsistence and special compensation of foreign personnel may be paid.
Liaison officer	A foreign officer temporarily assigned to a Defense Department headquarters, whose support may be provided.
Administrative services and support	Office space, utilities, installation services, computer support and orientation training for liaison personnel.
Developing country limit	The rule that partner expenses are paid only for developing countries, save in extraordinary circumstances.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

How Sentfore supports this

Foreign officers and visiting partner delegations need secure movement and support while they work alongside American commands. Sentfore works at the delivery end of defense programs in difficult environments, providing secure movement, protective security, facilities and life support. Requirements can be sent through the contact page.