How to Serve Legal Papers on the United States Department of State

How to Serve Legal Papers on the U.S. Department of State

Serving legal papers on the U.S. Department of State requires strict compliance with Federal Rule of Civil Procedure 4(i) and the agency’s published service-of-process rule at 22 C.F.R. § 172.2. The FRCP 4(i) three-prong framework mandates concurrent service on three separate recipients: (1) the U.S. Attorney for the district where the action is filed, (2) the U.S. Attorney General at the U.S. Department of Justice, 950 Pennsylvania Avenue NW, Washington DC 20530-0001, and (3) the U.S. Department of State itself. For the USDOS agency prong, 22 C.F.R. § 172.2(a) designates a single authorized intake: the Executive Office of the Office of the Legal Adviser (L/H-EX), Suite 5.600, 600 19th Street NW, Washington DC 20522. A complaint mailed to the Department of State at 2201 C Street NW — the Harry S Truman Building, the Department’s main headquarters — is ineffective per 22 C.F.R. § 172.2(b), and the FRCP 4(i)(2) agency prong is not satisfied. Service to a U.S. embassy, consulate, or State Department employee at their workstation is equally ineffective. All three prongs must be completed concurrently; partial service is no service.

This page addresses service of process for civil litigation naming USDOS as a defendant — Federal Tort Claims Act matters under 28 U.S.C. §§ 1346(b), 2671–2680; Freedom of Information Act suits under 5 U.S.C. § 552; Privacy Act suits under 5 U.S.C. § 552a; and Touhy demands for USDOS records or employee testimony in third-party litigation under 22 C.F.R. § 172.3. Bivens claims against individual State Department employees in their personal capacity route under Federal Rule of Civil Procedure 4(e) to the named individual’s residence or place of employment — not through the FRCP 4(i) federal-agency framework. Undisputed Legal delivers documents counsel has prepared and directed; we do not classify claims, evaluate exhaustion, or assess venue.

Call (800) 774-6922 before your 2-year FTCA statute of limitations under 28 U.S.C. § 2401(b) closes.

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Why Serving the U.S. Department of State Is Difficult

Don’t Serve Only USDOS — FRCP 4(i) Requires Three Concurrent Prongs, and the USDOS Prong Goes to L/H-EX at 600 19th Street NW

FRCP 4(i) requires three concurrent steps when USDOS is named as a defendant: (1) deliver the summons and complaint to the U.S. Attorney for the district — the FRCP 4(i)(1)(A) prong; (2) send by certified mail to the U.S. Attorney General at the U.S. Department of Justice, 950 Pennsylvania Avenue NW, Washington DC 20530-0001 — the FRCP 4(i)(1)(B) prong; (3) send by certified mail to the agency — the FRCP 4(i)(2) prong. For USDOS, 22 C.F.R. § 172.2(a) designates the Executive Office of the Office of the Legal Adviser (L/H-EX) at Suite 5.600, 600 19th Street NW, Washington DC 20522 as the sole authorized intake for the agency prong. A complaint served only on USDOS — without parallel service on the U.S. Attorney and the U.S. Attorney General — is dismissed under FRCP 12(b)(5) for insufficient service of process. Even with parallel three-prong service, a complaint mailed to the wrong USDOS address (e.g., 2201 C Street NW instead of 600 19th Street NW, Suite 5.600) is ineffective per 22 C.F.R. § 172.2(b), and the FRCP 4(i)(2) prong is not satisfied.

File the FTCA Administrative Claim First — 28 U.S.C. § 2675(a) Exhaustion Is Jurisdictional

FTCA tort claims against USDOS require administrative exhaustion before suit. Under 28 U.S.C. § 2675(a), the claimant must present a written claim to USDOS — Standard Form 95, or an equivalent written demand, stating a sum certain — and either receive a final written denial or wait six months without final agency action. The 2-year statute of limitations under 28 U.S.C. § 2401(b) runs from accrual; a separate 6-month limitations period runs from any final denial (United States v. Kubrick, 444 U.S. 111 (1979)). USDOS-specific FTCA scenarios include consulate slip-and-fall incidents and Foreign Service Officer vehicle accidents during U.S. travel. The foreign-country exception under 28 U.S.C. § 2680(k) bars FTCA recovery for claims arising abroad. A tort suit against the United States or USDOS filed without prior FTCA administrative exhaustion under 28 U.S.C. § 2675(a) is dismissed for lack of subject-matter jurisdiction — not for procedural error — and the dismissal cannot be cured by amendment. The 2-year statute of limitations continues to run during refiling.

Touhy Demands for USDOS Records or Employee Testimony in Third-Party Litigation Route to L/H-EX Under 22 C.F.R. § 172.3

Subpoenas seeking USDOS records or employee testimony in third-party litigation — distinct from a complaint naming USDOS as a party defendant — must comply with 22 C.F.R. §§ 172.3–172.8. The Touhy framework (United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951)) requires the demand route to L/H-EX at 600 19th Street NW, Suite 5.600, Washington DC 20522 under 22 C.F.R. § 172.3(a). The requesting party must submit a written specification of the materials or testimony sought, and the appropriate Department official designated under 22 C.F.R. § 172.4 must review and approve disclosure under the criteria of 22 C.F.R. § 172.8 before any USDOS employee may produce documents or testify. A subpoena served directly on a State Department employee outside the L/H-EX intake is ineffective per 22 C.F.R. § 172.3(b); the employee declines to comply, the requesting party receives no records or testimony, and the litigation deadline runs unabated.

Bivens Claims Against Individual USDOS Employees Use FRCP 4(e) — USDOS Is Not an Agent for Personal-Capacity Service

Bivens actions — Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971) — route to the named individual at their residence or place of employment under FRCP 4(e), not through the FRCP 4(i) three-prong federal-agency framework. Per 22 C.F.R. § 172.2(c), USDOS is not an agent for personal-capacity service unless the employee consents in writing. Where both FTCA claims (FRCP 4(i)) and Bivens claims (FRCP 4(e)) are brought, both service tracks operate concurrently per counsel’s direction. The FTCA judgment-bar statute at 28 U.S.C. § 2676 creates a strategic choice between FTCA and Bivens recovery — counsel determines the litigation posture. A Bivens claim served via the FRCP 4(i) three-prong framework — without separate FRCP 4(e) personal service on the named individual at their residence or place of employment — is dismissed for insufficient service; conversely, an FTCA claim served only via FRCP 4(e) on an individual employee does not constitute service on the United States.

FOIA and Privacy Act Suits Against USDOS Have Distinct Exhaustion Tracks — Do Not Conflate with FTCA

Freedom of Information Act litigation under 5 U.S.C. § 552(a)(4)(B) and Privacy Act litigation under 5 U.S.C. § 552a(g) follow distinct administrative-exhaustion paths separate from FTCA exhaustion under 28 U.S.C. § 2675(a). FOIA requires submission of a FOIA request to USDOS, a 20-business-day response window under 5 U.S.C. § 552(a)(6), administrative-appeal exhaustion, then filing in U.S. District Court. Privacy Act amendment requests under 5 U.S.C. § 552a(d) follow a parallel track with a 30-business-day response window. Each suit, once filed, is served via the FRCP 4(i) three-prong rule with the USDOS-prong delivery to L/H-EX per 22 C.F.R. § 172.2. A FOIA suit filed without exhausting the FOIA administrative-appeal track under 5 U.S.C. § 552(a)(6) is dismissed for failure to exhaust; a Privacy Act suit filed without exhausting the Privacy Act administrative-appeal track is dismissed for failure to exhaust; an FTCA suit filed without SF-95 exhaustion is dismissed for lack of subject-matter jurisdiction. The frameworks are distinct and not interchangeable.

USDOS tort matters require FTCA administrative exhaustion under 28 U.S.C. § 2675(a) before suit. The FRCP 4(i) three-prong rule must be satisfied, with the agency prong delivered to L/H-EX at 600 19th Street NW, Suite 5.600 per 22 C.F.R. § 172.2(a). FOIA and Privacy Act suits follow distinct exhaustion tracks. The 2-year statute of limitations under 28 U.S.C. § 2401(b) is jurisdictional.

Our Process for Serving the U.S. Department of State

Undisputed Legal delivers documents that counsel has prepared. We do not prepare administrative claims, complaints, summonses, subpoenas, Standard Form 95 filings, FOIA requests, Privacy Act requests, or Touhy demands. We do not classify whether a matter targets the United States under the FTCA, the U.S. Department of State in its agency capacity, an individual State Department employee under Bivens, a FOIA disclosure issue, or some combination. We do not evaluate whether FTCA administrative exhaustion under 28 U.S.C. § 2675(a) has been satisfied, determine whether a tort claim falls within an exception to FTCA liability under 28 U.S.C. § 2680, assess whether the 2-year statute of limitations under 28 U.S.C. § 2401(b) has been tolled, classify whether a claim belongs in U.S. District Court or U.S. Court of Federal Claims, or determine whether 22 C.F.R. § 172.4 Touhy approval has been or will be granted. We do not select the appropriate U.S. Attorney’s Office — counsel identifies the district where the action is filed. We do not draft Standard Form 95, FOIA request letters, Privacy Act amendment requests, or Touhy demand letters. We do not review pleadings for sufficiency, completeness, or jurisdictional adequacy. We do not execute outbound Hague Service Convention requests at foreign destinations — that is a separate international service framework. Counsel determines whether the named defendant is the United States under the FTCA, USDOS in its agency capacity, an individual State Department employee under Bivens, or some combination. We deliver per counsel’s instruction.

Our USDOS service-delivery workflow proceeds as follows:

1. Intake. Counsel transmits the prepared papers — summons and complaint, subpoena, FOIA request, Privacy Act request, Touhy demand, or Standard Form 95 administrative claim — with explicit written instructions identifying each defendant and each prong of FRCP 4(i) required (or FRCP 4(e) for individual-capacity Bivens claims). We receive the package and assign it to a licensed process server experienced with federal-agency service.
2. Verification of three-prong destinations. We confirm the routing per counsel’s instructions: (a) the U.S. Attorney’s Office for the district counsel identifies; (b) the U.S. Department of Justice, Office of the Attorney General, 950 Pennsylvania Avenue NW, Washington DC 20530-0001 for the U.S. Attorney General prong; (c) the Executive Office of the Office of the Legal Adviser (L/H-EX), Suite 5.600, 600 19th Street NW, Washington DC 20522 — not 2201 C Street NW — for the USDOS agency prong per 22 C.F.R. § 172.2(a). We do not determine which destinations are required — counsel directs.
3. Dispatch. Process servers experienced with federal-agency service are dispatched to each prong location on the schedule counsel directs. For the U.S. Attorney prong, personal service or registered mail proceeds to the district office counsel identifies. For the U.S. Attorney General and L/H-EX prongs, certified-mail delivery is coordinated per FRCP 4(i)(1)(B) and FRCP 4(i)(2) requirements.
4. Personal delivery and certified mail. The server completes service per counsel’s directions at each prong location. For the certified-mail prongs — U.S. Attorney General at DOJ and L/H-EX at 600 19th Street NW — we transmit per certified-mail protocols and document each certificate of mailing with tracking confirmation. We deliver to the address counsel specifies; we do not determine that 22 C.F.R. § 172.2 applies — counsel does.
5. GPS-verified affidavit. The process server records GPS-verified coordinates and timestamp at each delivery location. For certified-mail prongs, GPS-verified documentation covers the mailing event. Multi-prong service generates a separate GPS-verified record per prong delivered.
6. Multi-prong notarized return. Affidavits of service are notarized for each prong and returned to counsel within standard turnaround. Each affidavit identifies the prong served, the address of delivery, the method (personal delivery or certified mail), and the GPS-verified timestamp. Counsel receives a complete three-prong affidavit package for filing.
7. Filing assistance. If counsel requests, we file the completed affidavits with the federal court of the relevant venue. We do not review affidavits for legal sufficiency — counsel determines whether the service documentation satisfies FRCP 4(i) requirements for the matter at hand.

We deliver the FRCP 4(i)(1) summons-and-complaint package to the U.S. Attorney’s Office for the district counsel identifies, and certified-mail packages per FRCP 4(i)(2) to the U.S. Attorney General at DOJ and to L/H-EX at 600 19th Street NW, Suite 5.600 per 22 C.F.R. § 172.2(a). For Touhy demands, we deliver to L/H-EX per 22 C.F.R. § 172.3(a) on counsel’s direction. For Bivens claims, we serve the named individual per FRCP 4(e) at the address counsel specifies.

Where to Serve the U.S. Department of State

The table below maps each FRCP 4(i) prong and 22 C.F.R. § 172.2 designation to its authorized address and distinguishes those from locations that do not accept service. Counsel identifies the U.S. Attorney’s Office for the relevant district.

The USDOS-prong destination at L/H-EX, 600 19th Street NW, Suite 5.600 is non-negotiable per 22 C.F.R. § 172.2(a). Process servers experienced with federal-agency service confirm this address before every dispatch and do not default to the main building at 2201 C Street NW.

Compliance Requirements for Serving the U.S. Department of State

Federal Rule of Civil Procedure 4(i) — The Three-Prong Service Framework

Courts strictly enforce the FRCP 4(i) three-prong rule as the procedural prerequisite for any civil action against the U.S. Department of State. The three-prong obligation is conjunctive, not disjunctive: delivery to the U.S. Attorney for the district under FRCP 4(i)(1)(A), certified mail to the U.S. Attorney General at DOJ under FRCP 4(i)(1)(B), and certified mail to the agency under FRCP 4(i)(2). Failure to complete any single prong within the service period under Federal Rule of Civil Procedure 4(m) results in a motion to dismiss under FRCP 12(b)(5) for insufficient service of process. The federal-agency service framework under Federal Rules of Civil Procedure 4(i) does not permit cure by amendment if the service period has expired. U.S. Department of State service-of-process matters resolve through the FRCP 4(i) three-prong framework — not through state-law notice-of-claim procedures, not through General Municipal Law § 50-e, and not through any state-agency service rule. The framework is jurisdictional, not procedural: a court without properly served defendants lacks jurisdiction over those defendants regardless of the merits of the underlying claim.

22 C.F.R. § 172.2 — The USDOS-Specific Service Intake

Courts strictly enforce agency-published service rules as governing the manner of delivery for the FRCP 4(i)(2) agency prong. Per 22 C.F.R. § 172.2(a), the Executive Office of the Office of the Legal Adviser (L/H-EX), Suite 5.600, 600 19th Street NW, Washington DC 20522 is the sole authorized recipient of service for civil litigation against USDOS. Per 22 C.F.R. § 172.2(b), service at any other location — including the Department’s main building at 2201 C Street NW, any U.S. embassy or consulate, or any State Department employee’s workstation — is explicitly ineffective. The 22 C.F.R. § 172.2 published service rule is not a suggestion; it is the agency’s regulatory designation under 5 U.S.C. § 301 (the Housekeeping Statute) governing how the Department receives service. A complaint mailed to the Department of State at 2201 C Street NW — instead of at the Executive Office of the Office of the Legal Adviser at 600 19th Street NW, Suite 5.600 — is ineffective per 22 C.F.R. § 172.2(b), and the FRCP 4(i)(2) agency prong is not satisfied. Practitioners who skip the published-rule research and default to the main address risk dismissal without cure if the service window has closed.

FTCA Exhaustion Under 28 U.S.C. § 2675(a) — The Jurisdictional Prerequisite

Courts strictly enforce FTCA exhaustion under 28 U.S.C. § 2675(a) as a jurisdictional prerequisite to suit. The statutory window for administrative exhaustion requires that a claimant present a written demand to USDOS — Standard Form 95 (SF-95) or equivalent, stating a sum certain — before filing in U.S. District Court. The claim is exhausted when USDOS issues a final written denial or six months pass without final agency action. A separate 6-month statutory window runs from any final denial; suit filed after that window is time-barred. The 2-year statute of limitations under 28 U.S.C. § 2401(b) is jurisdictional, not procedural — courts do not equitably toll it in the ordinary course. The foreign-country exception at 28 U.S.C. § 2680(k) bars FTCA claims arising in a foreign country without exception; the discretionary function exception at 28 U.S.C. § 2680(a) bars claims based on discretionary conduct of federal employees. Counsel determines whether any FTCA exception applies before filing a standard SF-95. UL delivers the SF-95 to USDOS if counsel directs.

22 C.F.R. § 172.3 — Touhy Demands for Records and Testimony

Courts strictly enforce the Touhy framework when evaluating motions to compel records or testimony from State Department employees in third-party litigation. Per 22 C.F.R. § 172.3(a), any subpoena or demand for USDOS records or employee testimony must route to L/H-EX at 600 19th Street NW, Suite 5.600, Washington DC 20522. Per 22 C.F.R. § 172.4, USDOS employees are prohibited from producing documents or testifying in response to a demand until the appropriate Department official reviews and approves the disclosure. The approval criteria under 22 C.F.R. § 172.8 include relevance, materiality, and Department interest. Subpoenas served directly on USDOS employees outside the L/H-EX intake channel are ineffective under 22 C.F.R. § 172.3(b); the employee must decline to comply. The Touhy framework applies to all third-party subpoena demands seeking USDOS records or testimony, regardless of the nature of the underlying litigation.

This page describes the mechanics of process service on the U.S. Department of State. It does not constitute legal advice, does not create an attorney-client relationship, and is not a substitute for consultation with a licensed attorney regarding the specific procedural requirements, exhaustion obligations, statutes of limitations, or claim-type classifications applicable to your matter.

How Do I Serve Legal Papers on the U.S. Department of State?

FTCA tort claims. Serve legal papers on the U.S. Department of State in an FTCA tort matter by first presenting Standard Form 95 (SF-95) — or an equivalent written demand stating a sum certain — to USDOS and exhausting the administrative-claim requirement under 28 U.S.C. § 2675(a). Once USDOS issues a final written denial or six months pass without final agency action, file suit in U.S. District Court under 28 U.S.C. § 1346(b) and serve the complaint via the FRCP 4(i) three-prong rule: personal service or registered mail to the U.S. Attorney for the district, certified mail to the U.S. Attorney General at DOJ, 950 Pennsylvania Avenue NW, Washington DC 20530-0001, and certified mail to L/H-EX at 600 19th Street NW, Suite 5.600 per 22 C.F.R. § 172.2(a). The 2-year statute of limitations under 28 U.S.C. § 2401(b) runs from accrual; consulate slip-and-fall and Foreign Service Officer vehicle accidents during U.S. travel follow this track.

FOIA suits. A FOIA suit under 5 U.S.C. § 552(a)(4)(B) proceeds after the requesting party has submitted a FOIA request, awaited the 20-business-day response window under 5 U.S.C. § 552(a)(6), and exhausted administrative appeals. The complaint is then served on USDOS via the FRCP 4(i) three-prong rule — U.S. Attorney, U.S. Attorney General, and L/H-EX at 600 19th Street NW, Suite 5.600 per 22 C.F.R. § 172.2. FOIA exhaustion and FTCA exhaustion are distinct tracks; the FOIA suit’s exhaustion prerequisite does not satisfy § 2675(a), and vice versa.

Privacy Act suits. Privacy Act litigation under 5 U.S.C. § 552a(g) follows a parallel administrative-appeal track. The requesting party submits a Privacy Act amendment request under 5 U.S.C. § 552a(d), awaits the 30-business-day response window, and exhausts administrative appeals before filing. Service proceeds via the FRCP 4(i) three-prong rule, with the agency prong delivered to L/H-EX at 600 19th Street NW, Suite 5.600 per 22 C.F.R. § 172.2. A Privacy Act suit filed without exhausting the administrative-appeal track is dismissed for failure to exhaust.

Touhy demands for USDOS records or testimony in third-party litigation. Counsel routes the subpoena and a written specification of the materials or testimony sought to L/H-EX at 600 19th Street NW, Suite 5.600, Washington DC 20522 per 22 C.F.R. § 172.3(a). The subpoena must reach L/H-EX — not a USDOS employee at their workstation, not a consulate, and not the main building at 2201 C Street NW. The appropriate Department official designated under 22 C.F.R. § 172.4 then reviews and either approves or declines disclosure under the criteria of 22 C.F.R. § 172.8. UL delivers the Touhy demand to L/H-EX on counsel’s direction; counsel determines the applicable 22 C.F.R. § 172.4 Touhy compliance path.

Bivens claims against individual State Department employees. A Bivens claim against an individual USDOS employee routes under FRCP 4(e), not FRCP 4(i). Service proceeds at the named individual’s residence or place of employment. Per 22 C.F.R. § 172.2(c), USDOS is not an agent for service in personal-capacity matters unless the employee consents in writing. Where both FTCA and Bivens claims are brought, both service tracks proceed concurrently per counsel’s direction — FRCP 4(i) three-prong for the FTCA claim and FRCP 4(e) personal service for the Bivens claim. UL serves the named individual at the address counsel specifies.

Hague Convention distinction and USDOS records subpoenas. The U.S. Department of State is the U.S. Central Authority under the Hague Service Convention for incoming foreign service requests within the United States. This operational role is entirely distinct from USDOS as a defendant in U.S. civil litigation. U.S. Central Authority processing does not constitute service on USDOS as a party; UL does not execute outbound Hague Convention service at foreign destinations. To serve USDOS as a defendant, deliver via FRCP 4(i) three-prong service to L/H-EX at 600 19th Street NW, Suite 5.600 per 22 C.F.R. § 172.2 — not the Hague Central Authority channel.

Call (212) 203-8001 to coordinate three-prong FRCP 4(i) service or 22 C.F.R. § 172.3 Touhy demand delivery to the U.S. Department of State.

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Pricing — U.S. Department of State Service of Process

All service levels include a GPS-verified affidavit of service. FRCP 4(i) three-prong service is billed as three separate orders. Outbound Hague Convention service is not included in standard pricing.

Frequently Asked Questions About Serving the U.S. Department of State

What Is the U.S. Department of State for Service-of-Process Purposes?

The U.S. Department of State is a cabinet-level federal executive department created in 1789, subject to the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671–2680, and the FRCP 4(i) three-prong service rule. It is not a state agency or public authority; General Municipal Law § 50-e and all state-law notice-of-claim procedures are inapplicable. The Department employs approximately 70,000 personnel and maintains over 270 diplomatic and consular posts — none of which accept service for USDOS-as-defendant litigation. Only L/H-EX at 600 19th Street NW, Suite 5.600 does.

Where Is the Office of the Legal Adviser Located for Service of Process?

The Executive Office of the Office of the Legal Adviser (L/H-EX) — the sole authorized intake for FRCP 4(i)(2) agency-prong service on USDOS — is located at Suite 5.600, 600 19th Street NW, Washington DC 20522, distinct from the Department’s main headquarters at the Harry S Truman Building, 2201 C Street NW, Washington DC 20520. The Office of the Legal Adviser was created by Act of Congress in 1931. L/H-EX is the designated intake under 22 C.F.R. § 172.2(a) for FRCP 4(i)(2) complaints and Touhy demands under 22 C.F.R. § 172.3.

Why Does Serving USDOS Require a Specific Address Different from the Main Building?

The U.S. Department of State published its own service-of-process rule at 22 C.F.R. Part 172 under the Housekeeping Statute, 5 U.S.C. § 301. That rule at 22 C.F.R. § 172.2(a) designates L/H-EX at 600 19th Street NW, Suite 5.600 as the exclusive intake. Per 22 C.F.R. § 172.2(b), service at any other location — including 2201 C Street NW, any embassy or consulate, or any employee workstation — is expressly ineffective. Litigation process must route to the Department’s legal counsel, not to main-building staff who are not authorized to accept it.

How Do I File an FTCA Administrative Claim Against USDOS?

Counsel prepares Standard Form 95 — or an equivalent written demand stating a sum certain — and delivers it to USDOS, not to a federal court. Undisputed Legal delivers the SF-95 per counsel’s direction as a separate service order. USDOS has six months to issue a final written denial or take final action; a final denial triggers a separate 6-month limitations window for suit. Courts strictly enforce 28 U.S.C. § 2675(a) exhaustion as a jurisdictional prerequisite — suit filed before exhaustion is dismissed and cannot be cured by amendment.

How Do I Serve a FOIA Suit Against USDOS?

Once FOIA administrative appeals are exhausted under 5 U.S.C. § 552(a)(6), FOIA litigation is filed in U.S. District Court under 5 U.S.C. § 552(a)(4)(B). Service on USDOS proceeds via the FRCP 4(i) three-prong rule: personal service or registered mail to the U.S. Attorney for the district, certified mail to the U.S. Attorney General at 950 Pennsylvania Avenue NW, Washington DC 20530-0001, and certified mail to L/H-EX at 600 19th Street NW, Suite 5.600 per 22 C.F.R. § 172.2(a). FOIA exhaustion and FTCA exhaustion are distinct frameworks.

How Do I Serve a Touhy Subpoena to USDOS?

Touhy demands for USDOS records or employee testimony in third-party litigation route to L/H-EX at 600 19th Street NW, Suite 5.600, Washington DC 20522 per 22 C.F.R. § 172.3(a). Counsel prepares the subpoena and a written specification of the materials or testimony sought. UL delivers the package to L/H-EX per counsel’s direction. The appropriate Department official designated under 22 C.F.R. § 172.4 reviews and either approves or declines disclosure under the criteria of 22 C.F.R. § 172.8. A subpoena served directly on a USDOS employee outside L/H-EX is ineffective per 22 C.F.R. § 172.3(b).

What Happens If I Mail My Complaint to 2201 C Street NW Instead of 600 19th Street NW?

A complaint mailed to 2201 C Street NW — the Harry S Truman Building — instead of to L/H-EX at 600 19th Street NW, Suite 5.600 per 22 C.F.R. § 172.2(a) is ineffective service; the FRCP 4(i)(2) agency prong is not satisfied. USDOS is not required to forward the service or notify the serving party of the defect. Courts strictly enforce the 22 C.F.R. § 172.2 published service rule; if the service period under FRCP 4(m) has expired without proper delivery to L/H-EX, the court dismisses the action under FRCP 12(b)(5).

Is USDOS the Same as the Hague Service Convention Central Authority?

No. The U.S. Department of State serves as U.S. Central Authority under the Hague Service Convention, processing incoming foreign service requests within the United States. This operational role is entirely distinct from USDOS as a defendant in U.S. civil litigation. The Hague Convention Central Authority channel does not substitute for FRCP 4(i) three-prong service when USDOS is a named defendant; UL does not execute outbound Hague Convention service at foreign destinations. To serve legal papers on USDOS as a defendant, deliver to L/H-EX at 600 19th Street NW, Suite 5.600 per 22 C.F.R. § 172.2.