By virtue of and pursuant to the authority vested in me by section 1752 of the Revised Statutes of the United States (22 U.S.C. § 132), it is ordered that the Foreign Service Regulations of the United States be, and they are hereby, amended by prescribing the following as Chapter VI thereof: CHAPTER VI-CORRESPONDENCE, REPORTS, AND MAIL VI-1. Conduct of official correspondence. (a) Authority of officers of the Foreign Service to correspond on official matters . Subject to such regulations as may be prescribed by the Secretary of State, officers of the Foreign Service may correspond on official matters with the government of the country to which they are assigned or accredited, with the Secretary of State, and with the following branches and officials of the Government of the United States, but with no one else: (1) American officials stationed or temporarily residing in foreign countries, and officials of insular possessions of the United States; (2) The Department of Agriculture; (3) The Department of Commerce; (4) The Comptroller General of the United States: (5) Collectors of customs and appraisers; (6) Immigration inspectors; (7) Officials of other departments in reply to inquiries from them. (b) Authority of officers of the Foreign Service to correspond on matters of private business . Subject to such regulations as may be prescribed by the Department of State, an officer of the Foreign Service may correspond in his official capacity with any person on matters which relate strictly to the private business of such person. (c) Duties of officers of the Foreign Service in connection with the conduct of correspondence . Officers of the Foreign Service shall perform the following duties in connection with the conduct of official correspondence: (1) Inaugurate correspondence whenever required to do so by the Secretary of State, the Foreign Service Regulations, or the exigencies of the situation; (2) Acknowledge promptly all correspondence addressed to them in their official capacity and, subject to such limitations as may be prescribed in these Regulations, supply the inquirers with the information requested; (3) Submit such reports as are required or authorized by the terms of these Regulations; (4) Transmit copies of all documents, publications, newspaper items, foreign laws, decrees, translations, and such items of information as may be required by the Secretary of State for the use of the Department of State or of other Government departments. VI-2. Preparation and transmission of official correspondence and mail . Officers of the Foreign Service shall prepare and transmit official correspondence and mail in accordance with such rules and regulations as may be prescribed by the Secretary of State. VI-3. Disposition of unofficial mail received at Foreign Service offices . Unofficial mall received at Foreign Service offices shall be disposed of in accordance with such rules and regulations as the Secretary of State may prescribe. CANCELLATION OF REGULATIONS The following provisions of the Foreign Service Regulations of the United States are hereby canceled: PART I Sections VIII-1 to VIII-7, inclusive, VIII-9, XI-11, XV-3, XVI-18 to XVI-20, inclusive, XVII-14, XVII-15, XVII-18, XVII-21, XVII-23 to XVII-27, inclusive. Chapter XVIII. PART II Sections VI-97, XXIV-439, XXIV-445, XXIV-448, XXIV-450, XXIV-460, XXIV-463, XXIV-476, XXVIII-595, XXVIII-596, XXVIII-603F. Chapter IX. REVOCATION OF EXECUTIVE ORDERS The following Executive orders are hereby revoked: Executive Order No. 3653-A dated March 27, 1922. Executive Order No. 3899 dated September 6, 1923. Executive Order No. 3900 dated September 11, 1923. Executive Order No. 5463 dated October 15, 1930. Executive Order No. 7439 dated August 24, 1936. FRANKLIN D ROOSEVELT The White House, February 12, 1940.
Executive Order 8346—Amending the Foreign Service Regulations of the United States
Executive Brief • At a Glance
The Foreign Service Regulations of the United States be, and they are hereby, amended by prescribing the following as Chapter VI thereof: CHAPTER VI-CORRESPONDENCE, REPORTS, AND MAIL VI-1.
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Franklin D. Roosevelt on February 12, 1940, this order concerns Amending the Foreign Service Regulations of the United States. The Foreign Service Regulations of the United States be, and they are hereby, amended by prescribing the following as Chapter VI thereof: CHAPTER VI-CORRESPONDENCE, REPORTS, AND MAIL VI-1. Conduct of official correspondence. (a) Authority of officers of the Foreign Service to correspond on official matters .
Key Directives & Operative Actions
The Foreign Service Regulations of the United States be, and they are hereby, amended by prescribing the following as Chapter VI thereof: CHAPTER VI-CORRESPONDENCE, REPORTS, AND MAIL VI-1.
Subject to such regulations as may be prescribed by the Secretary of State, officers of the Foreign Service may correspond on official matters with the government of the country to which they are assigned or accredited, with the Secretary of State, and with the following branches and officials of the Government of the United States, but with no one else: (1) American officials stationed or temporarily residing in foreign countries, and officials of insular possessions of the United States; (2) The Department of Agriculture; (3) The Department of Commerce; (4) The Comptroller General of the United States: (5) Collectors of customs and appraisers; (6) Immigration inspectors; (7) Officials of other departments in reply to inquiries from them.
Officers of the Foreign Service shall perform the following duties in connection with the conduct of official correspondence: (1) Inaugurate correspondence whenever required to do so by the Secretary of State, the Foreign Service Regulations, or the exigencies of the situation; (2) Acknowledge promptly all correspondence addressed to them in their official capacity and, subject to such limitations as may be prescribed in these Regulations, supply the inquirers with the information requested; (3) Submit such reports as are required or authorized by the terms of these Regulations; (4) Transmit copies of all documents, publications, newspaper items, foreign laws, decrees, translations, and such items of information as may be required by the…
Officers of the Foreign Service shall prepare and transmit official correspondence and mail in accordance with such rules and regulations as may be prescribed by the Secretary of State.
Constitutional & Societal Entities Impacted
Policy Areas & Topics
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
"When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."
James Madison
Separation of Powers & Legislative Primacy
"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)
Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.
Alexander Hamilton
The Energetic Executive & Unified Command
"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)
Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.
George Mason
Bill of Rights, Due Process & 10th Amendment
"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)
The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.
Due Process & Individual Rights
Applies regulatory or compliance standards to private contractors or commercial entities.
Youngstown Jacksonian Tier
The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order No. 8346 (Feb. 12, 1940), https://executiveordersarchive.org/orders/app-executive-order-8346-amending-the-foreign-service-regulations-the-united-states.