FAR 52.225-19—Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States.
Plain-English Summary
FAR 52.225-19 sets the baseline rules for contractor personnel performing overseas in high-risk environments, either in a designated operational area or while supporting a diplomatic or consular mission outside the United States. It defines key terms such as chief of mission, combatant commander, designated operational area, and what it means to support a diplomatic or consular mission, because those definitions determine when the clause applies and who has authority over contractor activities. The clause addresses the operational realities of overseas performance by allocating responsibility for logistics and security support, requiring compliance with U.S., host-nation, and third-country laws as well as treaties, directives, and force-protection orders, and establishing pre-deployment personnel requirements such as security checks, medical readiness, passports and visas, clearances, training, and embassy registration. It also clarifies the legal status of contractor personnel as civilians, limits their use of deadly force except in self-defense or, for security personnel, when necessary to execute the security mission, and states that their service is not active duty military service. In practice, this clause is meant to reduce risk, protect personnel, and ensure coordination with diplomatic and military authorities in unstable or sensitive overseas settings. It is especially important because it can impose significant readiness, training, and compliance obligations before personnel may deploy, and because failure to meet those obligations can delay performance or create legal and security exposure.
Key Rules
Clause applies in specific overseas settings
This clause applies when contractor personnel perform outside the United States in a designated operational area during contingency, humanitarian, peacekeeping, other military operations, or designated military exercises, and also when supporting a diplomatic or consular mission that is a danger pay post or is otherwise identified by the contracting officer as covered.
Contractor accepts operational risk
Unless the contract says otherwise, the contractor accepts the risks associated with performance in dangerous or austere conditions. This makes it important to understand the environment, insurance coverage, staffing plans, and contingency arrangements before performance begins.
Personnel are civilians with limited force authority
Contractor personnel are civilians, not military members. They may use deadly force only in self-defense, except that personnel performing security functions may use deadly force when reasonably necessary to execute their security mission, consistent with the contract and employment terms.
No active-duty status created
Service under this clause is not active duty and is not service under 38 U.S.C. 106 note. This prevents contractor performance from being treated as military service for legal or benefits purposes.
Contractor provides logistics and security support
Unless the contract states otherwise, the contractor is responsible for all logistical and security support needed for its personnel. This can include transportation, housing, communications, protective measures, and other support necessary to operate safely and effectively.
Mandatory compliance with laws and orders
The contractor must comply with all applicable U.S., host-country, and third-country laws; treaties and international agreements; U.S. regulations and policies; and force-protection, security, health, and safety orders issued by the chief of mission or combatant commander. Only the contracting officer may change contract terms.
Pre-deployment readiness requirements
Before deployment or before host-country residents begin work, the contractor must ensure required security and background checks, medical fitness and vaccinations, passports and visas, country or theater clearances, personal security training, and any required isolated personnel training are completed. U.S. citizens must also be registered with the appropriate U.S. embassy or consulate.
Personnel notice obligations
The contractor must notify covered non-host-country personnel of special legal exposure that may apply, including potential criminal jurisdiction issues for certain Department of Defense-related contracts. The notice requirement is intended to ensure personnel understand the legal environment before they deploy.
Responsibilities
Contracting Officer
Determine whether the clause applies to the contract, identify when a diplomatic or consular mission is covered, and specify any additional requirements in the statement of work or elsewhere in the contract. The contracting officer is also the only official authorized to modify contract terms and conditions.
Contractor
Plan for and provide all required logistics and security support unless the contract assigns that responsibility elsewhere; ensure compliance with all applicable laws, treaties, directives, and orders; complete all pre-deployment checks, medical requirements, documents, clearances, training, and registrations; and notify affected personnel of applicable legal risks and obligations.
Contractor Personnel
Follow applicable laws, directives, and security or safety orders; complete required training and readiness steps; maintain required travel and entry documents; register with the embassy or consulate when required; and understand the limits on use of force and the legal environment in which they are working.
Chief of Mission
Issue country clearance or special area clearance when required, direct personnel subject to the mission, and issue force-protection, security, health, or safety orders and instructions applicable to the mission area.
Combatant Commander
Designate operational areas and, when applicable, military exercises covered by the clause; require theater clearance when needed; and issue force-protection, security, health, or safety orders and instructions for the operational area.
Agency / Mission Leadership
Coordinate operational, security, and administrative requirements for overseas contractor performance and ensure contractor personnel understand and comply with mission-specific rules and local conditions.
Practical Implications
This clause can delay mobilization if background checks, medical clearances, passports, visas, or theater/country clearances are not completed early enough. Contractors should build in lead time and track each deployable employee individually.
Security and logistics are not assumed to be government-provided. If the contract does not expressly shift those duties, the contractor must plan for transportation, housing, communications, protective measures, and emergency support.
The clause creates a compliance burden that extends beyond the contract itself. Contractors must monitor host-nation law, third-country transit requirements, embassy or combatant commander instructions, and changing local conditions throughout performance.
Use-of-force rules are narrow and easy to misunderstand. Most contractor personnel may use deadly force only in self-defense, so security roles must be clearly defined in the contract and in employment documents.
Only the contracting officer can change contract terms. Field instructions from mission or military authorities may affect operations, but they do not by themselves amend the contract, so contractors should seek formal contract direction when scope or obligations change.
Official Regulatory Text
As prescribed in 25.301-4 , insert the following clause: Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States (May 2020) (a) Definitions . As used in this clause- Chief of mission means the principal officer in charge of a diplomatic mission of the United States or of a United States office abroad which is designated by the Secretary of State as diplomatic in nature, including any individual assigned under section 502(c) of the Foreign Service Act of 1980 (Public Law 96-465) to be temporarily in charge of such a mission or office. Combatant commander means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161 . Designated operational area means a geographic area designated by the combatant commander or subordinate joint force commander for the conduct or support of specified military operations. Supporting a diplomatic or consular mission means performing outside the United States under a contract administered by Federal agency personnel who are subject to the direction of a chief of mission. (b) General . (1) This clause applies when Contractor personnel are required to perform outside the United States- (i) In a designated operational area during- (A) Contingency operations; (B) Humanitarian or peacekeeping operations; or (C) Other military operations; or military exercises, when designated by the Combatant Commander; or (ii) When supporting a diplomatic or consular mission- (A) That has been designated by the Department of State as a danger pay post (see https://aoprals.state.gov/ ); or (B) That the Contracting Officer has indicated is subject to this clause. (2) Contract performance may require work in dangerous or austere conditions. Except as otherwise provided in the contract, the Contractor accepts the risks associated with required contract performance in such operations. (3) Contractor personnel are civilians. (i) Except as provided in paragraph (b)(3)(ii) of this clause, and in accordance with paragraph (i)(3) of this clause, Contractor personnel are only authorized to use deadly force in self-defense. (ii) Contractor personnel performing security functions are also authorized to use deadly force when use of such force reasonably appears necessary to execute their security mission to protect assets/persons, consistent with the terms and conditions contained in the contract or with their job description and terms of employment. (4) Service performed by Contractor personnel subject to this clause is not active duty or service under 38 U.S.C. 106 note. (c) Support . Unless specified elsewhere in the contract, the Contractor is responsible for all logistical and security support required for Contractor personnel engaged in this contract. (d) Compliance with laws and regulations . The Contractor shall comply with, and shall ensure that its personnel in the designated operational area or supporting the diplomatic or consular mission are familiar with and comply with, all applicable- (1) United States, host country, and third country national laws; (2) Treaties and international agreements; (3) United States regulations, directives, instructions, policies, and procedures; and (4) Force protection, security, health, or safety orders, directives, and instructions issued by the Chief of Mission or the Combatant Commander; however, only the Contracting Officer is authorized to modify the terms and conditions of the contract. (e) Preliminary personnel requirements . (1) Specific requirements for paragraphs (e)(2)(i) through (e)(2)(vi) of this clause will be set forth in the statement of work, or elsewhere in the contract. (2) Before Contractor personnel depart from the United States or a third country, and before Contractor personnel residing in the host country begin contract performance in the designated operational area or supporting the diplomatic or consular mission, the Contractor shall ensure the following: (i) All required security and background checks are complete and acceptable. (ii) All personnel are medically and physically fit and have received all required vaccinations. (iii) All personnel have all necessary passports, visas, entry permits, and other documents required for Contractor personnel to enter and exit the foreign country, including those required for in-transit countries. (iv) All personnel have received- (A) A country clearance or special area clearance, if required by the chief of mission; and (B) Theater clearance, if required by the Combatant Commander. (v) All personnel have received personal security training. The training must at a minimum- (A) Cover safety and security issues facing employees overseas; (B) Identify safety and security contingency planning activities; and (C) Identify ways to utilize safety and security personnel and other resources appropriately. (vi) All personnel have received isolated personnel training, if specified in the contract. Isolated personnel are military or civilian personnel separated from their unit or organization in an environment requiring them to survive, evade, or escape while awaiting rescue or recovery. (vii) All personnel who are U.S. citizens are registered with the U.S. Embassy or Consulate with jurisdiction over the area of operations on-line at http://www.travel.state.gov . (3) The Contractor shall notify all personnel who are not a host country national or ordinarily resident in the host country that- (i) If this contract is with the Department of Defense, or the contract relates to supporting the mission of the Department of Defense outside the United States, such employees, and dependents residing with such employees, who engage in conduct outside the United States that would constitute an offense punishable by imprisonment for more than one year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, may potentially be subject to the criminal jurisdiction of the United States (see the Military Extraterritorial Jurisdiction Act of 2000 ( 18 U.S.C. 3261 et seq .); (ii) Pursuant to the War Crimes Act, 18 U.S.C. 2441 , Federal criminal jurisdiction also extends to conduct that is determined to constitute a war crime when committed by a civilian national of the United States; and (iii) Other laws may provide for prosecution of U.S. nationals who commit offenses on the premises of United States diplomatic, consular, military or other United States Government missions outside the United States ( 18 U.S.C. 7(9) ). (f) Processing and departure points . The Contractor shall require its personnel who are arriving from outside the area of performance to perform in the designated operational area or supporting the diplomatic or consular mission to- (1) Process through the departure center designated in the contract or complete another process as directed by the Contracting Officer; (2) Use a specific point of departure and transportation mode as directed by the Contracting Officer; and (3) Process through a reception center as designated by the Contracting Officer upon arrival at the place of performance. (g) Personnel data . (1) Unless personnel data requirements are otherwise specified in the contract, the Contractor shall establish and maintain with the designated Government official a current list of all Contractor personnel in the areas of performance. The Contracting Officer will inform the Contractor of the Government official designated to receive this data and the appropriate system to use for this effort. (2) The Contractor shall ensure that all employees on this list have a current record of emergency data, for notification of next of kin, on file with both the Contractor and the designated Government official. (h) Contractor personnel . The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any Contractor personnel who fail to comply with or violate applicable requirements of this contract. Such action may be taken at the Government’s discretion without prejudice to its rights under any other provision of this contract, including termination for default or cause. (i) Weapons . (1) If the Contracting Officer, subject to the approval of the Combatant Commander or the Chief of Mission, authorizes the carrying of weapons- (i) The Contracting Officer may authorize an approved Contractor to issue Contractor-owned weapons and ammunition to specified employees; or (ii) The ________ [ Contracting Officer to specify individual, e.g., Contracting Officer Representative, Regional Security Officer, etc, ] may issue Government-furnished weapons and ammunition to the Contractor for issuance to specified Contractor employees. (2) The Contractor shall provide to the Contracting Officer a specific list of personnel for whom authorization to carry a weapon is requested. (3) The Contractor shall ensure that its personnel who are authorized to carry weapons- (i) Are adequately trained to carry and use them- (A) Safely; (B) With full understanding of, and adherence to, the rules of the use of force issued by the Combatant Commander or the Chief of Mission; and (C) In compliance with applicable agency policies, agreements, rules, regulations, and other applicable law; (ii) Are not barred from possession of a firearm by 18 U.S.C. 922 ; and (iii) Adhere to all guidance and orders issued by the Combatant Commander or the Chief of Mission regarding possession, use, safety, and accountability of weapons and ammunition. (4) Upon revocation by the Contracting Officer of the Contractor’s authorization to possess weapons, the Contractor shall ensure that all Government-furnished weapons and unexpended ammunition are returned as directed by the Contracting Officer. (5) Whether or not weapons are Government-furnished, all liability for the use of any weapon by Contractor personnel rests solely with the Contractor and the Contractor employee using such weapon. (j) Vehicle or equipment licenses . Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the area of performance. (k) Military clothing and protective equipment . (1) Contractor personnel are prohibited from wearing military clothing unless specifically authorized by the Combatant Commander. If authorized to wear military clothing, Contractor personnel must wear distinctive patches, armbands, nametags, or headgear, in order to be distinguishable from military personnel, consistent with force protection measures. (2) Contractor personnel may wear specific items required for safety and security, such as ballistic, nuclear, biological, or chemical protective equipment. (l) Evacuation . (1) If the Chief of Mission or Combatant Commander orders a mandatory evacuation of some or all personnel, the Government will provide to United States and third country national Contractor personnel the level of assistance provided to private United States citizens. (2) In the event of a non-mandatory evacuation order, the Contractor shall maintain personnel on location sufficient to meet contractual obligations unless instructed to evacuate by the Contracting Officer. (m) Personnel recovery . (1) In the case of isolated, missing, detained, captured or abducted Contractor personnel, the Government will assist in personnel recovery actions. (2) Personnel recovery may occur through military action, action by non-governmental organizations, other Government-approved action, diplomatic initiatives, or through any combination of these options. (3) The Department of Defense has primary responsibility for recovering DoD contract service employees and, when requested, will provide personnel recovery support to other agencies in accordance with DoD Directive 2310.2, Personnel Recovery. (n) Notification and return of personal effects . (1) The Contractor shall be responsible for notification of the employee-designated next of kin, and notification as soon as possible to the U.S. Consul responsible for the area in which the event occurred, if the employee- (i) Dies; (ii) Requires evacuation due to an injury; or (iii) Is isolated, missing, detained, captured, or abducted. (2) The Contractor shall also be responsible for the return of all personal effects of deceased or missing Contractor personnel, if appropriate, to next of kin. (o) Mortuary affairs . Mortuary affairs for Contractor personnel who die in the area of performance will be handled as follows: (1) If this contract was awarded by DoD, the remains of Contractor personnel will be handled in accordance with DoD Directive 1300.22, Mortuary Affairs Policy. (2) (i) If this contract was awarded by an agency other than DoD, the Contractor is responsible for the return of the remains of Contractor personnel from the point of identification of the remains to the location specified by the employee or next of kin, as applicable, except as provided in paragraph (o)(2)(ii) of this clause. (ii) In accordance with 10 U.S.C. 1486 , the Department of Defense may provide, on a reimbursable basis, mortuary support for the disposition of remains and personal effects of all U.S. citizens upon the request of the Department of State. (p) Changes . In addition to the changes otherwise authorized by the Changes clause of this contract, the Contracting Officer may, at any time, by written order identified as a change order, make changes in place of performance or Government-furnished facilities, equipment, material, services, or site. Any change order issued in accordance with this paragraph shall be subject to the provisions of the Changes clause of this contract. (q) Subcontracts . The Contractor shall incorporate the substance of this clause, including this paragraph (q), in all subcontracts that require subcontractor personnel to perform outside the United States- (1) In a designated operational area during- (i) Contingency operations; (ii) Humanitarian or peacekeeping operations; or (iii) Other military operations; or military exercises, when designated by the Combatant Commander; or (2) When supporting a diplomatic or consular mission- (i) That has been designated by the Department of State as a danger pay post (see https://aoprals.state.gov/ ); or (ii) That the Contracting Officer has indicated is subject to this clause. (End of clause)