|
|
|
Subject: Procedures
for Handling Demonstrations Directed at Foreign Governments |
Series Number
Change 309 04 Effective
Date December 15, 1995
Revision
Date * |
The purpose of this order is to set forth the
procedures to be followed by
members of the department when handling
demonstrations directed at foreign governments. department's authority to
enforce applicable laws and regulations around buildings owned, operated and occupied by foreign governments shall not
he affected by the contents of this order. Members shall be guided by General
Order No. 309.1 (Barricade / Hostage Situation and Other Unusual Incidents)
when circumstances require. This order consists of the following parts:
PART I Responsibilities and Procedures for Members
of the Department.
A. Legal Authority and Considerations.
B. Procedures for Members.
PART II Responsibilities
and Procedures for Supervisory and Command Personnel.
A. Supervisory Personnel.
B. District Watch Commanders.
C. Director, Communications Division.
D. Patrol Operations Officer.
E. Watch Commander, Special Operations Division
(SOD).
F. Commanding Officer, Special Operations
Division.
G. District or Division Commanders.
H. Director, Intelligence Division.
PART I
A. Legal Authority and Considerations.
1. Title
18, Section 112 of the United States Code, addresses the issues dealing with
demonstrations directed at foreign governments. Contained in this law are
provisions that prohibit certain activities within 100 feat of a building used
for official purposes by a foreign government.
2. The
law, referred to as the "100-Foot Rule," carries a misdemeanor
sentence for whoever willfully:
a. Intimidates, coerces, threatens, or harasses
a foreign official or an official guest or obstructs a foreign official in the
performance of his/her duties;
|
Publication |
|
Effective Date |
Page Number |
||
|
General
Order 309.4 |
|
May
29, 1990 |
2
of 5 |
|
|
b. Attempts
to intimidate, coerce, threaten, or harass a foreign official or an official
guest or obstruct a foreign official in the performance of his/hex duties;
c. Acts
to carry out the provisions outlined in Part IA2a and b within the United
States and within 100 feet of any building or premises in whole or in part
owned, used, or occupied for official business or for diplomatic,
consular, or residential purposes by a foreign an international organization,
a foreign official, or an official guest; or
d. Congregates
with two or more other persons with the intent to violate any other
provision of this section.
NOTE: A congregation must consist of at least
three persons
3. Members
who respond to these incidents should be able to recognize activities that are
a threat to peace. The United States Supreme Court has defined “threat
to peace” as “whether normal embassy activities have been or are to he
disrupted.” The Court has further indicated that peaceful demonstrations are
not the focus of these protective laws, but rather, these laws are in
to limit the actions of groups posing a security threat.
B. Procedures for Members.
1. Members
shall allow individuals to display signs within 100 feet an embassy or other
building used for official purposes by a foreign government, whether or
not the signs are critical of that government.
2. Members
may arrest an individual demonstrator who commits a criminal violation, bit may
not invoke the 100-Foot Rule against that person in lieu of arrest.
3. The
first officer arriving on the scene of a demonstration directed at any
protected foreign government premises shall:
a. Determine
if any violations of law have occurred;
b. Take
appropriate police action when necessary;
c. Notify
an official of the situation; and
d. If
possible, remain on the scene until relieved by a responding official.
|
Publication |
|
Effective Date |
Page Number
|
||
|
General
Order 309.4 |
|
May
29, 1990 |
3
of 5 |
|
|
PART II
A. Supervisory Personnel.
Upon notification that a congregation of three or more people is demonstrating in the vicinity of a building used by a foreign government for official purposes, the official shall:
1. Respond
to the scene and monitor the conditions of the demonstration;
2. Allow peaceful and non- disruptive
demonstration(s) to continue;
3. Invoke the 100-Foot Rule when it is reasonably believed that the congregation or group poses a threat to the security and/or peace of the premises. Individuals in the group remain subject to arrest for criminal acts at any time.
4. Notify
the district watch commander and apprise him/her of the conditions on the
scene;
5. Remain
on the scene as the field commander until relieved by the District Watch
Commander or Special Operations Division (SOD) official.
B. District Watch Commanders shall:
1. Designate an official to serve as field
commander;
2.
Upon being notified of a demonstration
directed at a foreign
government
at a protected premises, immediately notify the Watch Commander, Communications
Division; and
3. Be
responsible for the duties of the Watch Commander, Special Operations Division,
in his/her absence.
C. Director,
Communications Division, upon notification of a demonstration directed at
a foreign government shall notify:
1. The Patrol Operations Officer;
2. The Watch Commander, Special Operations
Division; and
3. The Director, Intelligence Division.
D. Patrol
Operations Officer shall be responsible for ensuring that all affected
department elements comply with the provisions of this order.
|
Publication |
|
Effective Date |
Page Number |
||
|
General
Order 309.4 |
|
May
29, 1990 |
4
of 5 |
|
|
E. Watch Commander, Special Operations Division (SOD)shall:
1.
Along
with the official/officer on the scene from the United
States
Secret Service Uniformed Division, identify the respective areas of police
responsibility with regard to the activities of the demonstrators.
2. Be
responsible for ensuring that the rights of the demonstrators and the safety
and security of the premises and its personnel are protected in those areas
within the jurisdiction of the District of Columbia.
3. In
situations involving a group, immediately determine the identity of the leader
of the group and advise him/her of the specific areas in which the group may
demonstrate, and their proper conduct, rights and responsibilities.
4. When necessary to ensure normal pedestrian and vehicular traffic, limit the number of demonstrators on the sidewalk directly in front of or across the street from any foreign government's s protected premises. Demonstrators shall be kept hack and maintained in small groups.
5. Establish
a police line(s) to provide a security zone for access to and from the premises
when a protectee or head of state is arriving or departing.
6. Establish
a police line(s) to separate opposing demonstrators/ groups where conflict may
occur. This also applies to embassy personnel.
7.
Insure that demonstrators who pose a
security threat or who dis-
rupt
or are about to disrupt the normal embassy activities are prevented from
demonstrating within 100 feet of the premises.
a. Demonstrators
who have rocks, bottles, etc., shall be immediately stopped and directed to
the 1 00-foot location.
b. If
a peaceful demonstration becomes violent or disruptive, demonstrators shall be
directed to the 100-foot location and order shall be restored immediately.
c. Demonstrators
who have weapons which are in violation of the law shall be arrested
immediately.
|
Publication |
|
Effective Date |
Page Number |
||
|
General
Order 309.4 |
|
May
29, 1990 |
5
of 5 |
|
|
F. Commanding
Officer, Special Operations Division, shall be responsible for:
1. Ensuring
that the provisions of this order are adhered to with regard to demonstrations
at embassies and the protected premises of foreign governments.
2. Incorporating
a specific notation for demonstrations at embassies in the monthly Federal Man
hours on Details Report to the Patrol Operations Officer.
G. District
or Division Commanders, shall ensure that members of their command are
familiar with, and in compliance with, the contents of this order.
H. Director,
Intelligence Division, shall be responsible for gathering information and
investigating all occurrences at protected premises.
IF:JA:ABW:abw