The opportunity to explore a new city during a layover is an enticing prospect for many international travelers. Likewise, those who live near Mexico or Canada may indulge in day trips across the border for shopping, family visits, or to obtain medical treatment.
There is nothing inherently wrong with any of that. But for clearance holders and those who hold a designated sensitive position (i.e., “covered individuals”), it isn’t so simple as grabbing one’s passport and taking off. That’s because Security Executive Agent Directive (SEAD) 3 establishes ground rules for covered individuals seeking to embark on international travel. Catching some covered individuals by surprise, this includes day trips to Canada and Mexico and layovers where the traveler leaves the transit zone of an airport.
The pertinent language of SEAD-3 is found in Section “F” of the policy. As it pertains to unofficial foreign travel – defined as travel undertaken by a covered individual not on official government orders or personal side-trips before, during, or after official foreign travel – the general requirement is to submit an advance itinerary to the covered individual’s agency head or designee. The proposed travel can be disapproved if it is deemed an unacceptable risk to the individual’s safety or ability to safeguard classified information. Alternatively, the covered individual may be required to receive a defensive security and counterintelligence briefing. These rules apply regardless of trip duration. In other words, even planned day trips or layovers where the traveler intends to leave the airport’s international transit zone generally require pre-approval.
Where it gets interesting is “unplanned” border crossings like spur-of-the-moment decisions, airline delays, or changed travel plans. Such scenarios are “discouraged,” regardless of duration, but not expressly banned. The only hard and fast requirement set out in SEAD-3 is that these border hops and layover jaunts must be reported by the covered individual within five business days of return.
Of course, there may be a limit to how many “unplanned” trips a covered individual can credibly take without raising the ire of security officials. Conversely, there are some exceptions to the rules, like emergency travel and individuals stationed overseas, that impacted readers may wish to further review.
Either way, it’s always wise to consider optics and common sense before crossing a border. If, for example, a covered individual would be disapproved for unofficial travel to China, planning a trip to Australia with a 12-hour layover in Beijing isn’t a loophole worth exploiting for an “unplanned” day trip around the city. It doesn’t take a security genius to figure out what’s really going on there, and integrity questions are the kiss of death for security clearances.
Lastly, all covered individuals should keep in mind that agency policy may supplement SEAD-3 guidance. Prospective travelers should inquire with their security office in advance of booking any travel about their agency’s requirements and how to submit a request for pre-approval.
This article is intended as general information only and should not be construed as legal advice. Although the information is believed to be accurate as of the publication date, no guarantee or warranty is offered or implied. Laws and government policies are subject to change, and the information provided herein may not provide a complete or current analysis of the topic or other pertinent considerations. Consult an attorney regarding your specific situation.
