including a recommendation as to whether the suspension should be extended throughout the Department.

(4) The Secretary of a Military Department may extend the suspension action of an installation commander throughout the Department concerned, or order such a suspension without the recommendation of an installation commander. When the Secretary of a Military Department directs servicewide suspension he will notify promptly the other addressees listed in subparagraph (3) of this paragraph; the Secretaries of the other Military Departments, who will order the extension of the same actions throughout their Departments without delay; and the ASD(M).

(5) The Assistant Secretary of Defense (Manpower) may (1) direct the suspension of the privilege of solicitation or the withdrawal of accreditation for agents and insurers throughout the DoD and (ii) the restoration thereof.

(a) For Defense members: (1) Driving and parking privileges will be granted on military installations to personnel who present policies from insurers licensed in the state where the policies were purchased and that satisfy the requirements of this part, except for the insurer being licensed in the State in which the installation of current assignment is located, if such policies were purchased:

(1) Prior to entry into service or before transfer from an installment in another State;

(ii) From an insurer licensed in a State where the defense member maintains current residence and the vehicle is principally garaged (e.g. the commuter who is living in one State and is on duty or is employed in another State).

(2) Driving and parking privileges will be continued on military installations for personnel who purchased motor vehicle liability insurance which qualified for on-base driving and parking privileges prior to the effective date of this part but such privileges will expire one year from the effective date of this part or upon expiration of the present policy whichever date occurs first if such insurance does not then meet the standards of this part.

(3) Additionally, when justified in individual cases, installation commanders may continue present driving and parking privileges and grant reasonable

extensions of time in which to purchas motor vehicle liability insurance meetin the requirements of this part for thos defense members who qualified for or base driving and parking privileges pri to the effective date of this part.

(b) For insurers: An insurer who not licensed in the State in which th installation is located may be permitte to service (e.g. collection of premium amending policy coverage, claims adjust ments, etc.) its policyholders on-base, a distinguished from soliciting new bus ness, provided the:

(1) Policyholders to be serviced hol policies meeting the requirements o § 278.6(b) (3), or who are granted excep tions under paragraph (a) of this sec tion;

(2) Insurer is unable to secure a Stat license in the State in which the installa tion is located and, upon application fo a waiver thereof, is granted a waiver a provided by paragraph (c) of this sec tion. The letter of application may b filed with the Assistant Secretary of De fense (Manpower), Washington, D.C 20301, in affidavit form, signed by it President or Vice President (with th understanding that knowing and willfu false statement is punishable by fine o imprisonment (18 U.S.C. 1001)) indicat ing the State or States in which the waiver is requested. To be considere for a DoD waiver such letter of appli cation must

(i) Contain statements that:

(a) Fully explain the reasons for inability to secure a State license.

(b) Either the law of the State(s) ir which the installation(s) is (are) located authorizes the filing of a power of at torney with the appropriate official per mitting him to accept service of proces for the company and that such power o attorney is on file, or, if the Unauthor ized Insurers Service of Process Act ha been enacted in that (those) State(s) that the insurer agrees to be subject to it in connection with military business

(c) The insurer will make all filing and postings on behalf of any of its in sureds necessary to satisfy all financial responsibility and security filing laws of the State(s) in which the installation(s) is (are) located.

(d) All automobile liability insuranc policies sold to defense personnel, both currently used and presently outstand ing, meet the requirements prescribed in this part except for State licensing.

(e) The insurer has a current general policyholders rating of “Good" or better ɔy Alfred M. Best, Inc., New York, N.Y. (f) Copies of the certificate from the home State commissioner and of this letter of application have been sent to the commissioner(s) of the State(s) in which the installation(s) is (are) located.

(ii) Enclose certificates from the insurance commissioner of the State of domicile stating:

(a) That the statutory amounts necessary to meet minimum capital, surplus, and deposit requirements are not less than such statutory amounts required in the State(s) in which the installation (s) is (are) located.

(b) The insurer's policyholders' surplus as shown by Line 27, Page 3, of its Annual Statement, and, if a stock company, the amount thereof which is capital as shown by said statement.

(c) The aggregate amount of general deposits in all States for the benefit of all policyholders.

(c) The Assistant Secretary of Defense (Manpower) will appoint a designee of his office, to be assisted by a representative from each Military Department, to determine insurer eligibility for waivers based upon the letters of ap

plication submitted in accordance with paragraph (b) of this section. Notifications will be dispatched by the Military Departments to all installations in the States affected in order that military members, holding policies which qualify under this exception to State licensing, may receive uninterrupted on-base driving and parking privileges.

§ 278.8 Reports.

(a) The military departments will report in duplicate to the ASD(M), the following violations and actions taken immediately after such violations occur. (As a minimum, the name of the insurer and the agent, and a description of the violation will be reported.) Report violations by insurers or agents resulting in the suspension of the accreditation or solicitation privilege:

(1) On one or more military installations, but less than Departmentwide. (Appropriate notices will also be dispatched concurrently to the addressees listed in § 278.6(c) (3)).

(2) Throughout the military departments: (Appropriate notices will also be dispatched concurrently to the addressees listed in § 278.6(c) (3) and (4)).

(b) This reporting requirement is assigned Report Control Symbol DD-M (AR) 601.

AUTHORITY: The provisions of this Part 280 issued under 5 U.S.C. 301.

SOURCE: The provisions of this Part 280 appear at 32 F.R. 11160, Aug. 1, 1967, unless otherwise noted.

§ 280.1 Purpose and applicability.

This part reissues DoD Directive 4605.1, "Use of Military Postal Service," dated January 8, 1955, designates the organizations, agencies, and personnel entitled to use the facilities of the military postal service, and prescribes policies and procedures governing the furnishing of uniform postal support by the Military Departments.

§ 280.2 Scope and definitions.

The military postal service includes the postal facilities of the Army, Navy, and the Air Force established under DoD Directive 5030.11,1 "Postal Agreement Between the Post Office Department and the Department of Defense," dated March 5, 1959.

(a) These facilities are maintained and operated for the purpose of providing complete postal services for the U.S. Armed Forces in areas where the U.S. Civil Postal Service does not operate and in any other place where the military situation requires.

(b) This service is an extension of the U.S. domestic postal system and operates in conformity with the U.S. Postal Manual, published under Title 39,

1 Filed as part of original document; copies available at the Publications Counter, OASD(A), Pentagon, Room 3B200, or OX 52167.

"Postal Service," Code of Federal Regulations; other Post Office Department instructions, and military directives. § 280.3 Policy and principles.

(a) As outlined in DoD Directive 5030.11.1 "Postal Agreement Between the Post Office Department and the Department of Defense," dated March 5, 1959 (Enclosure 1, sec. 1, par. 4) the establishment, operation, and use of the U.S. Military Postal Service in sovereign foreign countries "in peace-time" is contingent upon agreement with the host government, since it is customary among nations to preserve a monopoly of postal service, including postage revenue and control of customs.

(1) International agreements permitting establishment of military postal facilities usually limit the use of such facilities to the Armed Forces and certain civilian agencies and organizations serving with or related to the Armed Forces.

(2) The cost of operating military postal facilities overseas is borne by the Military Departments. Currently, that cost includes the transportation of Army and Air Post Office/Fleet Post Office (APO/FPO) mail, inter- and intra-command, between the United States and oversea areas, exclusive of territories and possessions, both by air and surface transport, commercial as well as military.

(b) The Secretaries of the Military Departments are authorized to (1) furnish postal support to the eligible individuals and agencies listed in this part in accordance with the principles specified herein, and (2) make determinations as to the eligibility of other agencies or individuals to receive postal support under such policies and principles.

(c) Postal support will be furnished only when all of the following conditions are met:

(1) Agencies and individuals requesting postal support are providing services to the U.S. Armed Forces which are essential or of substantial assistance to the accomplishment of the U.S. Government mission. Commercial activities requesting postal support must serve the U.S. Forces exclusively.

(2) The furnishing of postal support to agencies and individuals:

1Filed as part of original document; copies available at the Publications Counter, OASD(A), Pentagon, Room 3B200, or OX 52167.

(1) Will not interfere with the accomplishment of the U.S. military mis

sion.

(ii) Is consistent with the terms of any agreements which the United States has entered into with the government of the nation concerned.

(iii) Will not place the privileges and immunities of the U.S. Forces in jeopardy.

(d) Postal support furnished in accordance with this part will be periodically reviewed by commanders with the purpose of adjusting such support to conform with current missions.

(e) Where more than one Military Department has postal facilities within an area, postal support policies shall be coordinated to attain uniformity of application.

(f) The following personnel and organizations are entitled to use the military postal facilities:

(1) Members and units of the U.S. Armed Forces on active duty, including the U.S. Coast Guard.

(2) U.S. citizen employees of the Department of Defense, who are serving with U.S. military activities in a foreign country, or any area, territory, or possession of the United States where no U.S. civil post office is available.

(3) U.S. citizen representatives of the American Red Cross who are attached to and accompanying U.S. Armed Forces. (4) U.S. contractors and their U.S. citizen employees engaged in work under contract with the U.S. Government. (When postal support is not provided for in the contract, it will be furnished in accordance with the policy and principles of this part.)

(5) American dependent schools and their U.S. citizen employees, when such schools are operated from appropriated U.S. Government funds.

(6) Civilian religious representatives or religious groups visiting oversea commands in the interest of and to assist the U.S. forces, provided such persons have obtained an official invitation to travel as specified in DoD Instruction 1330.1 "Visits of Civilian Religious Leaders to Military Installations in Overseas Areas," dated August 11, 1966.

(7) Celebrities and entertainers; athletic clinic instructors; representatives of educational institutions or other social agencies, whose purpose is to provide a service to the United States (such individuals shall have been officially invited to travel to overseas under provi

ons of DoD Instruction 1330.13,1 Armed Forces Professional Entertainent Program Overseas," dated August 0, 1959.

(8) United Service Organizations, Inc. USO), and their U.S. citizen employees hen established in overseas areas, uner provisions of DoD Directive 1330.12,1 United Service Organizations, Inc.," ated December 6, 1960.

(9) Foreign military nationals on duty r training with a U.S. military orgaization or unit.

(1) Such individuals may utilize the ilitary postal facilities for purchase of tamps, and receipt and dispatch of mail o and from their home country only. (ii) In correspondence with persons h their home country, mail will be adressed in the same manner as it would e if they were in their home country. The use of a U.S. military postal adress in home country is not authorized. (10) U.S. military banking facilities lesignated by the Secretary of the Treasry as a Depository and Financial Agent of the U.S. Government in overseas reas.

(i) Postal support is limited to transactions emanating from official operaions for the benefit of the military acivities and their personnel.

(ii) U.S. citizen employees of such panking facilities are authorized use of The Military Postal Service.

(11) Nonappropriated fund activities and their U.S. citizen employees, when such activities have been defined as intrumentalities of the U.S. Government. (12) U.S. universities and colleges and their U.S. citizen employees) operating in oversea areas by authority of the Secretaries of the Military Departments to provide education to members of the military service and their auChorized dependents.

(13) Dependents of the personnel in Item 12, above, when accompanying the principal (postal privileges will be withdrawn ninety (90) days subsequent to the departure of the sponsor when the dependent remains overseas or when sponsorship is terminated for any other reason).

(14) U.S. citizen correspondent and public information agencies who have been accredited by The Assistant Secre

1 Filed as part of original document; copies available at the Publications Counter, OASD(A), Pentagon, Room 3B200, or OX 52167.

tary of Defense (Public Affairs) under DoD Directive 5122.5,1 "Assistant Secretary of Defense (Public Affairs," dated July 10, 1961 (26 F.R. 7111)), and subject to approval of the oversea unified commander.

(15) Masters and civilian crews of Military Sea Transportation Service nucleus fleet ships, and merchant ships operating for the account of the Military Sea Transportation Service, including contract operated, time chartered, consecutive voyage chartered and General Agency Agreement vessels, under conditions prescribed by the Military Departments.

(16) International Military Commands and agencies of the North Atlantic Treaty Organization (NATO) (as specified in DoD Instruction 2010.1,1 "Support of International Military Activities," dated Mar. 1, 1961), for official mail only.

(g) The following personnel and organizations are entitled to use U.S. military postal facilities located in foreign countries to the extent that military postal facilities of the command permit; or, in areas where the military Commander-in-Chief deems the local civil postal service to be inadequate:

(1) Members of the Armed Forces of Allies or contingents thereof assigned or attached to the U.S. Armed Forces corresponding to and from their home country only.

(2) U.S. Government departments and independent agencies, U.S. citizen employees thereof, and their dependents, when acompanying the principal.

(3) Retired personnel of the U.S. Armed Forces and their dependents when accompanying the principal.

(4) U.S. nonprofit, service, social, civic, and fraternal type organizations providing all individual members are authorized privileges in their own right.

(5) U.S. Federal employee organizations at overseas bases for the conduct of labor union business.

(h) Upon request of the foreign government concerned, foreign military units serving with the U.S. Armed Forces may be authorized to transmit closed mails through U.S. military postal channels when adequate international postal facilities are not available.

(i) Vessels under U.S. Navy operational control being transferred to foreign governments under military assistance programs may be authorized to use the Military Postal Service while enroute to their home country.

(j) Other allied warships participating in U.S. naval maneuvers or operating in U.S. waters may be authorized to use the facilities of the Navy Postal Service for receiving closed mail on request, provided that the mail is transported at the requesting country's expense to the appropriate Fleet Post Office.

(k) Request for authority for persons and organizations not enumerated in paragraphs (a) through (j) of this section to use military postal facilities in time of peace, or request for exceptions to the above, may be submitted to appropriate departmental headquarters which, through mutual coordination and agreement with the other military departments, will approve or disapprove each request.

(1) In the event of national emergency, hostilities, or occupation, U.S. citizen personnel, not otherwise authorized use of the military postal service under any other provisions of this part, may be authorized use of the facilities for letter class mail including postal cards and post cards, and voice recordings.

(1) Such individuals must be in oversea areas where international postal service is not available or adequate.

(2) If adequate international postal service becomes available subsequent to the authorization, use of the Military Postal Service will be withdrawn.

In carrying out the provisions of th part the Secretaries of the Military De partments will assure that:

(a) The provisions of the U.S. Pos Office Department Manual (Title 3 "Postal Service," Code of Federal Regu lations) and local restrictions are en forced to prevent military post office from accepting prohibited items of mai (b) Existing postal agreements wit foreign sovereign governments are en forced.

(c) Persons and organizations entitle to use the military postal facilities do no use it to act as intermediaries for person or organizations not authorized to use th service.

(d) Persons and organizations usin the military postal facilities comply wit local customs requirements.

(e) Postal privileges are withdraw from retired military personnel and civil ians when there is evidence of abuse o the privilege.

(f) The Military Postal Service is no used by individuals or agencies for com mercial or business purposes or to trans mit items intended for resale in the course of conducting a business or enter prise. This prohibition does not extend to news copy, film, recording tape, o similar material transmitted through the postal service by accredited news media representatives when use of these facilities have been authorized under § 280.3 (h) (14).

(g) Organizations, agencies, and individuals no longer eligible to use the postal service discontinue such use not later than ninety (90) days subsequent to the date they are notified of ineligibility.