The impact of the 25 April and 12 May earthquakes resulted in over two million people in Nepal losing their houses due to damage. According to the UN Office for the Coordination of Humanitarian Affairs, during September and October this year, population movements are expected to increase, particularly with the mass outflux from the Kathmandu Valley to districts before the Dashain festival beginning in late October. On a smaller scale, with the end of the monsoon, the majority of those residing in spontaneous settlement and those relocated due to landslide risks will likely return to their original residence. Ensuring comprehensive returns will also depend on the availability of support for shelter reconstruction.
In the aftermath of the earthquake, Derek wanted to document Nepalis helping Nepalis, and reached out to his friend Pawan Shakya whom he’d first met in 2013. Pawan who runs a small family publishing business from Durbar Square, the historic center of Kathmand has already embarked on self-funded relief projects aimed at some of the neediest villages following the earthquake. Derek realized that he could help in the planning, funding and execution of Pawan’s projects. He brought in Tyler Driscoll, a graphic designer he knew from San Francisco and together they put up a GoFundMe fundraising to help rebuild a small corner of Nepal.
The relief effort is intended to improve the lives of over 500 earthquake-stricken Nepali villagers in 2 villages. They picked the village of Chhap, 3.5 hours northeast of Kathmandu. Of 250 houses in the area, only 1 remained inhabitable after the earthquakes. The other location Ranipauwa Village is roughly 1.5 hours drive northwest of Kathmandu, and was almost totally destroyed by the earthquake, with essentially none of the houses inhabitable or even repairable.
The villages were selected based on need, the ability of villagers to help each other, and their ability to help themselves. Very importantly, one young man from each village works for Pawan’s family business. Having a person from inside each community not only provides valuable insight into issues and opportunities, but it also facilitates ongoing communication and monitoring that can help avoid all sorts of missteps.
They plan not only to build bamboo relief houses, they also plan to fund chicken farms, replace livestock and provide improved seeds for future plantings in the two villages.
Derek says that neither Pawan nor him will be taking any compensation at any point–Pawan is doing the calendar printing at cost and there will be no charge for Derek’s images. The GFM campaign provides other rewards that do carry cost like mugs, t-shirts, large prints, so do let them know if you do not want them. They have raised about $11K so far in the last two months of their GFM campaign. If you are able to help, check out their GFM campaign: http://www.gofundme.com/nepaltogether.
Below is a photo of a mother and child washing hair in a creek in Nepal, one of our favorites from Derek’s collection. What a lovely smile! Check out the rest of his photos on Facebook and Tumblr. धन्यवाद
Foreign Policy’s John Hudson recently did a report on Secretary John Kerry admonishing State Department employees about making unauthorized disclosures to the press.
In a tense Monday meeting about leaks, which was promptly, well, leaked to Foreign Policy, Kerry told staff to keep a lid on internal deliberations or find a new place to work.
“In slightly more polite words, Kerry said if you want to leak, you can get the f— out,” a State Department official said.
Asked about the meeting, State Department spokesman John Kirby said at no time did Kerry “discourage anybody at the State Department not to talk to the media.”
The National Archives, David Langbart did a blogpost on Leaks in the Department of State, 1963on March 17, 2015. That post includes an 8-page memo to President Kennedy on how Under Secretary of State George W. Ball (then the Department’s #2 official) plan to deal with the issue.
By early September 1962, President Kennedy and Under Secretary Ball were discussing how to handle relations with the press. To brief the Under Secretary and provide him with food for thought, Assistant Secretary of State for Public Affairs Robert Manning to sent Ball a long memorandum.
Among the points he made were (the following are all direct quotations from Manning’s memo to Ball, 1962):
[O]ccasionally top officials of the government display a certain lack of reality about (a) the degree to which we can expect the day-to-day coverage of foreign policy to reflect only the assessments and characteristics that we believe are the correct ones, and (b) the degree to which we react to individual stories or pieces of speculation we do not like.
[I]n almost all instances where given stories or reports seem to raise serious problems for us, experience shows that a few hours or a few days later there was, in fact, no real cause for demonstrable concern. We too often allow ourselves to react when in fact the problem would disappear — or prove to have been non-existent — if we were to just relax and move on to other matters.
[W]e have to give more thought to what can be done to protect the main objective, namely the pursuit of the national interest, from harm or mischief that can be done by ill-considered reporting or ill-considered talk and gossip by government officials.
I would be deeply concerned — for the government, for the Administration and for the President himself — if this concern were to provoke us into oppressive practices or other inhibitions that would not solve the problem yet might very well hamper the ability of officials to get the information they need and use it for legitimate conduct of their duties.
I might give a few opinions on what produces the kind of talk and gossip and bits and pieces of fact and fancy that make up a large part of the dialogue between officials and the press in Washington.
There is no doubt . . . that the official State Department position is that within the limits of national security and national interests there is supposed to be direct dialogue between officiers [sic] dealing with policy and members of the press. . . . and it is in the interests of the competent men dealing with policies to take a direct responsibility for making those policies clear to responsible correspondents.
People who talk to the press are supposed to be motivated by the simple purpose of the Department policy, namely to explain policies to the American people and to make a public use of the power of the press and of public discussion to help carry its policies forward.
Often, however, those who talk are propelled by other impulses:
— There are a few who get a simple personal enjoyment out of talking with newsmen, out of cultivating them, their acquaintance, their approval, and . . . out of the personal publicity and identity that can be attained by press, and . . . public attention.
— There are the simply garrulous types who in fact enjoy being in the know and are apt occasionally to try to demonstrate this point. . . .
— There are those who use the channel of the press to leak partial information on policies they oppose, in the hope that such publicity will defeat or amend those policies; or who, conversely, will talk prematurely in order to push a policy into the open and therefore closer to acceptance. . . .
— There are those who in all sincerity believe they have all the facts at their command and that they have a mandate to make them clear and forthright within the confines of security practices and other restrictions. This type represents the best and in my estimate should be protected should there be any attempt to bring the other types under control.
— There is the person whose primary function is to talk to the press on behalf of the government in the role of information officer or public affairs adviser or spokesman or whatever you want to call him. Since this is the breed that includes . . . myself . . . , I have a particular interest in promoting their worth and enhancing their value. . . . I do feel strongly however that more has to be done about bringing this group or a representative of this group into the very middle of the most delicate situations. . . . Once a correspondent knows he is talking with a person “who was there” and once he has come to trust that person, he is willing to stake his own reputation on the information he gets. . . . .
I do not believe that there are any simple mechanical ways in which the problem of leaks and unknowing conversations can be completely cured. I would be strongly opposed to any steps designed sharply to inhibit responsible officers from contacts with the press . . . [as they] would have unfortunate repercussions in the actual performance of officials in the Department.
It may be possible . . . to produce a sharper awareness of the problem and to get some useful result if you were to follow your idea of talking personally to officials . . . of the Department about the nature of this problem and the concern that is felt by you, the Secretary and the President.
[I]t would also be of immense help if some similar educational process could be applied to that area of the White House staff that maintains its own intimate and, frequently, very thorough intercourse with the press.
State/OIG released it inspection report of the U.S. Embassy in Tokyo and its constituent posts. The OIG made 65 recommendations intended to improve Embassy Tokyo’s operations and programs. Mission Japan is headed by Ambassador Caroline Kennedy who arrived in November 2013, and her DCM, Jason P. Hyland who arrived in June 2014. Mr. Hyland’s predecessor is not named in the report. Prior to this inspection, US Mission Japan was last reviewed in early 2008, and a report was issued in June 2008 (link to that report at the bottom of this post).
US Embassy Japan from diplomacy.state.gov
Let’s start with the key findings:
The Department of State has not addressed security problems, including vulnerabilities which the Office of Inspector General identified in previous inspection reports.
The role and authorities of the Ambassador’s chief of staff are not clearly defined, leading to confusion among staff as to her level of authority, and her role in internal embassy communications.
The embassy’s focus on daily reporting of political and economic developments comes at the expense of building a broad network of contacts and providing in-depth analysis for policy formulation.
The embassy is not coordinating reporting and diplomatic engagement across the mission. Constituent posts in Sapporo, Nagoya and Osaka-Kobe need to be brought up to the high standards set by posts in Fukuoka and Naha.
The level of U.S. direct-hire staffing in the embassy’s political, economic, and consular sections is greater than workload warrants.
The public affairs section faces major management challenges, but has begun to focus on educational exchanges and staffing adjustments to cope with the high visitor load and public outreach needs.
American Presence Post Nagoya should cease offering routine consular services; consular operations in Fukuoka and Sapporo are inefficient.
Although the embassy’s management section has made significant progress on cost containment, senior managers should pay greater attention to management controls over travel and official residence allowances.
Office of Inspector General inspectors identified $122,665 in cost savings and $2,331,787 in funds put to better use during the inspection.
Overview of the mission:
Mission Japan is one of the U.S. Department of State’s (Department) most important missions in terms of its size and the U.S. interests for which it is responsible. The mission includes 13 U.S. Government agencies and 5 constituent posts: consulates general in Osaka-Kobe and Naha, consulates in Sapporo and Fukuoka, and an American Presence Post1 in Nagoya. The mission also includes the Foreign Service Institute language school in Yokohama. Headquarters of U.S. Forces Japan are located nearby at Yokota Air Base, and various U.S. military commands are located throughout the mainland and on Okinawa. The mission has 272 U.S. direct-hire employees and total employment of 727. In FY 2014, total funding for the mission, including other agencies, was $93.6 million. U.S. direct-hire employees were receiving a 25- to 35-percent cost-of-living allowance based on location at the time of the inspection.
Now, the good news:
Good Scores for Ethics | The Ambassador has made clear to the bureau’s executive office, the management officers at Embassy Tokyo, and her front office staff that she wants all her activities to be conducted in accordance with U.S. Government regulations. This was borne out by the fact that the highest score she received from staff members who completed a personal questionnaire was for her ethical behavior.
Hague Convention Accession | Japan is second only to Mexico in the number of children abducted from the United States. Japan’s accession to The Hague Convention on International Parental Child Abduction in 2014 was a significant development, due in no small part to Embassy Tokyo’s efforts to encourage Japan to join.
EFM Employment | A de facto work agreement with the Government of Japan allows family members to apply for work permits with strict rules governing employment. Twenty-seven eligible family members are employed inside the mission, and 34 eligible family members are employed outside the mission, mostly as English teachers.
RSO: The Tokyo regional security office is responsible for the security and emergency preparedness of a large geographically dispersed diplomatic mission. In discussions and interviews with embassy staff members, the OIG team was told repeatedly that the regional security office is responsive to their needs. Accomplishments of the senior regional security officer include reinvigorating the law enforcement working group, updating and drafting missing or outdated security policies, and implementing modifications to the local guard contract that save the Department approximately $230,000 annually. The regional security office staff uniformly describes the senior regional security officer as a good mentor and communicator.
Cost Containment: In 2014, to contain cost, the embassy transferred 70 percent of its voucher processing to the Department’s regional voucher processing center. The cost to process a voucher in Japan is three times higher than at the regional center. The transfer resulted in the elimination of at least two voucher examiner positions.
And the not so good news, oh where do we start?
Leadership | A non-career Ambassador with wide experience in nongovernmental and publishing industries leads Embassy Tokyo. She sees the strengthening of mutual understanding between the Japanese and the American people and the deepening of the security alliance as her prime responsibilities. The Ambassador does not have extensive experience leading and managing an institution the size of the U.S. Mission to Japan. She relies upon two key senior staff members—her non-career chief of staff and a career Senior Foreign Service deputy chief of mission (DCM)—to make sure that Embassy Tokyo and its constituent posts receive the resources and guidance they need to conduct day-to-day operations. The chief of staff, who has extensive experience in public relations and has worked with the Ambassador over a period of years, organizes special projects for the Ambassador, coordinates functions within the embassy, and oversees embassy staff interactions with the Ambassador. The DCM, who arrived in Tokyo 6 months before the start of the onsite inspection process, focuses on internal management of the embassy and coordination with the constituent posts.
Communication Between the Front Office and Embassy Sections Needs Improvement.
High Visibility Ambassador Puts a Strain on Some Embassy Elements
Role of Chief of Staff Needs Refinement
The Deputy Chief of Mission Should be More Proactive in Exercising Leadership
The leadership section does not include discussion on training, mentoring, and professional development of First and Second Tour (FAST) officers, or mission morale. The report says that “four of seven officers in the public affairs section assigned to Tokyo have left post before their tour end date.” There’s a term for that; it’s called curtailment. A non-career chief of staff, a PR person, who has a large sway in the functioning of this embassy is not named in this report. And just before the arrival of the inspectors, the front office apparently had made some headway on improving communication by holding a town hall meeting to unveil the revised memo outlining the activities the Ambassador would undertake. The report is not clear if this is the ambassador’s first town hall meeting with embassy staff.
Minister Counselor Positions Under-Ranked
Economic Section Has Too Many Supervisors
Economic Section Portfolios Organized Poorly
Excess Staff in the Political and Economic Sections
Law Enforcement Working Group Lacks Political Context
Reporting and Advocacy Needed on Structural Reform
Economic Section Not Keeping Proper Records and Files
Embassy Tokyo does not have a current records management policy and does not enforce Department and Federal regulations on records management.
The economic section’s reporting relies heavily on media sources. On some policy developments, the OIG team found that embassy reporting did not add value to more timely reporting by the international press. Reporting was mostly single-sourced and did not evidence a range of contacts among Japanese business leaders, legislators or staff, political parties, academia, or other economic leaders or decision makers, as intended by 2 FAM 113.1 c (10) and (11).
Consular Officer Staffing Is Excessive
No Coordination of Consular Social Media
Inefficient Consular Operations in Fukuoka and Sapporo
Note that citizens of some countries including Japan, who are traveling to the U.S. for 90 days less for business or tourism may not need a visa as they are eligible for the Visa Waiver Program (VWP). This report says that Tokyo’s consular section, with 14 officers, has more officer positions than other consular operations of similar workload, with a high proportion of managers to entry-level officers.
Inconsistencies in Billing Methods Creates Confusion
Cashiering Violation and Fiscal Irregularity
Class B Cashier’s Cash Advance is Excessive
Salaries Inappropriately Paid Directly to Official Residence Expense Staff (this is a pretty common subject in OIG reports)
Position Descriptions Are Inaccurate
Delays in Processing Within-Grade Increases
In-House Post Language Program Is Not Cost Effective
No In-House Equal Employment Opportunity Training Provided to Staff
Allegations of Sexual Harassment Not Reported to the Office of Civil Rights
Unauthorized Use of Motor Pool Shuttle Services
Living Quarters Allowance Not in Compliance with the Foreign Affairs Manual
No Emergency Backup Generators at Some Constituent Posts
The Department’s Office of Fire Safety conducted visits in 2014. The report identified 83 deficiencies of which the mission has corrected 53.
Locally Developed Software Applications Not in Compliance
Emergency Communication Does Not Meet Department Standards
No Logs of Network Maintenance
Premium Class Train Travel Policy Does Not Comply with Department Regulations
Extra Travel Costs Inappropriately Approved for Using Indirect Routes
USCG Naha: Inappropriate Use of Official Residence Expense Funds Instead of Representation Funds
The OIG report says that in the past 8 months, four of seven officers in the public affairs section assigned to Tokyo have left post before their tour end date. That’s called curtailment. Unless they were all medevaced.
Embassy’s 11-person Media Analysis and Translation Team Lacks a Clear Mandate | Without a survey of the MATT’s customers, the embassy cannot confirm who—if anyone—is reading its products or justify the $1.25-million annual cost of operating the MATT.
Social Media Lacks Coordination| Several LE staff members work separately with social media, resulting in a multiplicity of uncoordinated messages
Grants Management Not in Compliance
No Public Diplomacy Strategy
The public affairs section was told to take a 26-percent cut. This reduced the public diplomacy allotment from $11.5 million in FY 2011 to $8.6 million in FY 2012. Even at that reduced rate, Mission Japan’s public affairs budget was still the largest in the Bureau of East Asian and Pacific Affairs. As a result of these budget cuts, the public affairs section eliminated 17 LE staff positions. The public affairs section allocated 68 percent of its FY 2014 budget of $8.5 million to LE staff salaries. According to the Under Secretary for Public Diplomacy and Public Affairs, this is high by world standards. […]The Ambassador selected the country public affairs officer, who arrived in Tokyo in August 2014, to stabilize the public affairs section, end the curtailments, define LE staff duties in order to clarify the new distribution of duties following the 2012 staff cuts, bring transparency to personnel decisions, and get the entire staff’s commitment to move forward. Since the public affairs officer’s arrival, the public affairs section has had considerable success, particularly with programs on educational exchange and women’s issues
A few more items with notable details extracted from the report:
Commercial Email Usage | In the course of its inspection, OIG received reports concerning embassy staff use of private email accounts to conduct official business. On the basis of these reports, OIG’s Office of Evaluations and Special Projects conducted a review and confirmed that senior embassy staff, including the Ambassador, used personal email accounts to send and receive messages containing official business.
Employee Evaluation Reports do not Reflect Demonstrated Weaknesses | The OIG team reviewed a range of Department employee evaluations written by managers at the U.S. Mission to Japan. They found several examples of evaluations that did not reveal any indication of serious weaknesses, even though the rated officers had required in-depth management and or discipline by their supervisors and had absorbed time and resources from senior embassy officers. The DCM, having been at post only 6 months, has not yet produced employee evaluations. The inspectors advised him to make clear to rating officers that employee evaluations must present an accurate record of each staff member’s strengths and a realistic area for improvement.
Yokohama Language Program Cost-Benefit Analysis Lacking | To provide Japanese-language instruction in Yokohama, it costs the Department an estimated $2.3 million per year. The total cost of operating the school, factoring out fixed expenses, such as leasing residences for the students, post allowance, education allowance, the school director’s salary and benefits, and other sunk costs, is $1 million per year. This translates into a per-student cost of from $83,583 to $200,599 for a student body of from 5 to 12 students. The Department could be incurring higher costs for providing language services.
No Justification for Paying Post Allowance to Family Member Appointees | Worldwide, Embassies London and Tokyo are the only two authorized to pay post allowance to family member appointees. In 2001, the Department granted them an exception on the basis of their inability to recruit individuals for family member positions because of lower salaries and wages, in accordance with 3 FAM 8218.1 c. In Japan, these adverse employment conditions no longer exist. Except for security escort positions, the embassy has had no difficulty filling family member positions. It also has been able to fill some of its LE staff vacancies with eligible family members when they meet all position requirements. The cost impact to the embassy of providing the post allowance to nine full-time family members is $59,190, annually.
Consulate General Naha Not Benefiting from Zero Cost Leasing Offer | In February 2010, the Open Source Center located on the U.S. Army’s Torii Station offered four Government-owned houses located on Kadena Air Base to Consulate General Naha at zero leasing costs. Consulate General Naha has not fully considered this offer. The OIG team estimates accepting the Open Source Center’s offer would save leasing costs of $110,665 per year. The embassy would continue to fund utility and make-ready costs. In Naha, U.S. direct hires already use base services, including the commissary, Post Exchange, and other support services. U.S. direct-hire dependents attend Department of Defense schools. According to 15 FAM 228 b, housing selection should achieve maximum cost benefit to the U.S. Government, and every effort should be made to lease appropriate housing with terms that reflect the likelihood of the housing unit remaining in posts inventory, with lease terms of 5 years or more whenever appropriate.
Private Domestic Staff Inappropriately Housed in U.S. Government-Owned Facility | The embassy continues to house private domestic staff of U.S. direct-hire officers in a separate U.S. Government-owned facility (the former U.S. Marine Dormitory) despite a 2008 Office of Legal Counsel’s opinion cautioning that the legality of operating living quarters for private domestic servants of U.S. Government employees on U.S. Government premises is highly doubtful under Federal appropriations/employment law. The presence of such facilities on U.S. Government-controlled real property also raises liability issues under employment law and tort law. The embassy raised concerns about prior fraudulent domestic staff employment contracts, use of appropriated funds to maintain the facility and collection of utilities reimbursements through the employees association as a probable violation of appropriation law. At the time of inspection, 42 domestic staff resided in the 31-room U.S. Government-owned building designated for domestic staff. According to 15 FAM 244, post personnel may house full-time domestic staff in their own U.S. Government-provided quarters if space is available and approved by the regional security officer. The estimated cost of maintaining the facility is $60,000 per year.
NPR News writes that both Florida Sen. Marco Rubio and former Florida Gov. Jeb Bush have defended birthright citizenship, but they have said more needs to be done about women who might come into the U.S. expressly to have children. “If there’s abuse, if people are bringing, pregnant women are coming in to have babies simply because they can do it, then there ought to be greater enforcement,” Bush told conservative radio host Bill Bennett this week, as reported by Politico. Like how, or greater enforcement of what?
Thanks to brave presidential candidates Trump and Bush, et al, the term “anchor baby” is now the subject of interest and ignorance by a media preoccupied with whatever shiny object is held in front of it.
Trump wants to tear up part of the Constitution he unilaterally proclaims is unconstitutional; no one is sure what the other Republicans plan to “do” about this issue, but they sure don’t support it somehow.
So what are “anchor babies” and which parts of American law affect them?
An “anchor baby” (many find the term offensive, referring as it does to a child as an object) is a child born in the United States to a foreign citizen, legally or illegally present in the U.S., who, by virtue of the 14th Amendment to the Constitution, automatically and forever acquires American citizenship. The child need only prove s/he was born in the U.S.
The term anchor comes into play because at the age of 21 the child can begin filing green card paperwork for his/her extended family. The single American citizen in a family becomes the “anchor” through which all can eventually become legal permanent residents of the U.S. and soon after, citizens.
Many conservatives feel conveying citizenship so freely cheapens the meaning of being an “American,” and especially object to the idea that a mother illegally in the United States can birth an American citizen. Others are troubled by a growing industry that sends foreign mothers to the U.S. specifically so that they can create such citizens, so-called “birth tourism.”
The concept that anyone born in the U.S. (one exception: those born not subject to U.S. law, which has been held to apply primarily to Native Americans and to children of certain accredited foreign diplomats exempt [immune] from U.S. laws, though there are loopholes even there) is automatically an American citizen is part of the 14th Amendment to the Constitution, the so-called Citizenship Clause.
The 14th was adopted in 1868, in the aftermath of the Civil War as part of reconciling the status of millions of slaves forcibly brought to the United States. The Citizenship Clause specifically overruled the 1857 Supreme Court decision in Dred Scott v. Sandford), which had held that Americans descended from African slaves could not be citizens of the United States. The Amendment cleared up any ambiguities, stating “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
The most significant test of the 14th Amendment came in 1898, via United States v. Wong Kim Ark. The Supreme Court upheld that a child born in the United States automatically became a U.S. citizen. At issue were laws passed after the Wong child’s birth that excluded Chinese citizens from entering the U.S. The decision in Wong has been understood to mean that the legal status of the mother, as well as any secondary immigration laws below the Constitution, have no bearing on the granting of citizenship.
It can get complicated, and there have been unsuccessful efforts to overturn or reinterpret Wong in light of contemporary concerns over immigration.
For those who like their law in Latin, the idea that anyone born in a certain country automatically acquires citizenship there is called jus soli (right of soil.) The opposite, that citizenship is derived only via one’s parents, is called jus sanguinis (right of blood.) No European nation offers unrestricted jus soli, and very few other countries outside the Western Hemisphere do either.
Foreigners, Visas and Babies
While some foreigners who give birth in the U.S. enter illegally by walking across a land border, a significant number of moms enter the U.S. on visas or the rough equivalent, the visa waiver program, which provides less fettered access to citizens from certain countries, mostly Europeans. Some give birth in the U.S.; is this legal?
It is. There is no law whatsoever that prohibits someone from coming to the United States specifically to give birth here and create an “anchor baby.”
Many uninformed commentators point to two visa laws that they feel may prohibit such an act, the “public charge” provision and the fraud provision.
[…] Birth Tourism
The current issue of Rolling Stone contains a long article on “birth tourism.” Such “tourism” is a huge business in Asia, particularly in China where rising incomes coincide with existing interest in emigration. Companies arrange for everything; a mom need only provide money. The companies legally assist the mother in obtaining a visa, arrange for her to stay in the U.S. in an apartment complex (dubbed “maternity hotels”), usually in California for convenience for flights from Asia, full of other Chinese moms, and then give birth in a local hospital staffed with Chinese-speaking doctors.
There is absolutely nothing illegal about birth tourism under U.S. law.
With the support of the Atlantic Council and through an agreement with the Verbundnetz Gas Aktiengesellschaft, a German company, a remarkable segment of the Berlin Wall was delivered to the State Department on Thursday, August 13, 2015, for installation in the U.S. Diplomacy Center. The installation occurred on the 54th anniversary of the closure of the border from East to West Berlin on August 13, 1961.
This unique segment of the Wall is personally signed by individuals who played key roles, including former U.S. President George H. W. Bush, former leader of the Soviet Union Mikhail Gorbachev, former German Chancellor Helmut Kohl, former Polish President and Solidarity leader Lech Walesa, current German Chancellor Angela Merkel, and former U.S. Secretary of State James A. Baker. The Wall serves as a permanent reminder of our shared history and the indispensable role of our transatlantic bond for the future.
A special ‘bathtub,’ or base, was constructed on the lower level of the U.S. Diplomacy Center to hold and display the Berlin Wall and its 7-foot base piece.
The United States Diplomacy Center has a construction camera if that’s something that interests you. Watch a time-lapse movie via the construction webcam at http://diplomacy.state.gov/construction/234404.htm
On August 24, 2015, State Dept. Spokesman John Kirby told CNN: “At The Time, When She Was Secretary Of State, There Was No Prohibition To Her Use Of A Private Email.” Below is the video clip with Mr. Kirby.
Okay, then. Would somebody please get the State Department to sort something out. If there was no prohibition on then Secretary Clinton’s use of a private email, why, oh, why did the OIG inspectors dinged the then ambassador to Kenya, Scott Gration for using commercial email back in 2012? (See OIG inspection of US Embassy Kenya, 2012).
In the course of its inspection, OIG received reports concerning embassy staff use of private email accounts to conduct official business. On the basis of these reports, OIG’s Office of Evaluations and Special Projects conducted a review and confirmed that senior embassy staff, including the Ambassador, used personal email accounts to send and receive messages containing official business. In addition, OIG identified instances where emails labeled Sensitive but Unclassified6 were sent from, or received by, personal email accounts.
OIG has previously reported on the risks associated with using commercial email for official Government business. Such risks include data loss, hacking, phishing, and spoofing of email accounts, as well as inadequate protections for personally identifiable information. Department policy is that employees generally should not use private email accounts (for example, Gmail, AOL, Yahoo, and so forth) for official business.7 Employees are also expected to use approved, secure methods to transmit Sensitive but Unclassified information when available and practical.8
OIG report referenced two cables, we’ve inserted the hyperlinks publicly available online: 11 STATE 65111 and 14 STATE 128030 and 12 FAM 544.3, which has been in the rules book, at least since 2005:
“It is the Department’s general policy that normal day-to-day operations be conducted on an authorized [Automated Information System], which has the proper level of security control to provide nonrepudiation, authentication and encryption, to ensure confidentiality, integrity, and availability of the resident information.”
This section of the FAM was put together by the Office of Information Security (DS/SI/IS) under the Bureau of Diplomatic Security, one of the multiple bureaus that report to the Under Secretary for Management.
Either the somebodies were asleep at the switch, as the cliché goes, or somebody at the State Department gave authorization to the Clinton private server as an Automated Information System.
In any case, the State Department’s stance on the application of regulations on the use of private and/or commercial email is, not wobbly jello on just this one subject or on just this instance.
One of those eight cases relate to an allegation of soliciting a prostitute.
The Foreign Affairs Manual (FAM) provides that disciplinary action may be taken against persons who engage in behavior, such as soliciting prostitutes, that would cause the U.S. Government to be held in opprobrium were it to become public.1
In May 2011, DS was alerted to suspicions by the security staff at a U.S. embassy that the U.S. Ambassador solicited a prostitute in a public park near the embassy. DS assigned an agent from its internal investigations unit to conduct a preliminary inquiry. However, 2 days later, the agent was directed to stop further inquiry because of a decision by senior Department officials to treat the matter as a “management issue.” The Ambassador was recalled to Washington and, in June 2011, met with the Under Secretary of State for Management and the then Chief of Staff and Counselor to the Secretary of State. At the meeting, the Ambassador denied the allegations and was then permitted to return to post. The Department took no further action affecting the Ambassador.
OIG found that, based on the limited evidence collected by DS, the suspected misconduct by the Ambassador was not substantiated. DS management told OIG, in 2013, that the preliminary inquiry was appropriately halted because no further investigation was possible. OIG concluded, however, that additional evidence, confirming or refuting the suspected misconduct, could have been collected. For example, before the preliminary inquiry was halted, only one of multiple potential witnesses on the embassy’s security staff had been interviewed. Additionally, DS never interviewed the Ambassador and did not follow its usual investigative protocol of assigning an investigative case number to the matter or opening and keeping investigative case files.
Department officials offered different justifications for handling the matter as a “management issue,” and they did not create or retain any record to justify their handling of it in that manner. In addition, OIG did not discover any guidance on what factors should be considered, or processes should be followed, in making a “management issue” determination, nor did OIG discover any records documenting management’s handling of the matter once the determination was made.
The Under Secretary of State for Management told OIG that he decided to handle the suspected incident as a “management issue” based on a disciplinary provision in the FAM that he had employed on prior occasions to address allegations of misconduct by Chiefs of Mission. The provision, applicable to Chiefs of Mission and other senior officials, states that when “exceptional circumstances” exist, the Under Secretary need not refer the suspected misconduct to OIG or DS for further investigation (as is otherwise required).2 In this instance, the Under Secretary cited as “exceptional circumstances” the fact that the Ambassador worked overseas.3
DS managers told OIG that they viewed the Ambassador’s suspected misconduct as a “management issue” based on another FAM disciplinary provision applicable to lower-ranking employees. The provision permits treating misconduct allegations as a “management issue” when they are “relatively minor.”4 DS managers told OIG that they considered the allegations “relatively minor” and not involving criminal violations.
Office of the Legal Adviser staff told OIG that the FAM’s disciplinary provisions do not apply to Ambassadors who, as in this instance, are political appointees and are not members of the Foreign Service or the Civil Service.5
OIG questions the differing justifications offered and recommends that the Department promulgate clear and consistent protocols and procedures for the handling of allegations involving misconduct by Chiefs of Mission and other senior officials. Doing so should minimize the risk of (1) actual or perceived undue influence and favoritism and (2) disparate treatment between higher and lower-ranking officials suspected of misconduct.6 In addition, OIG concludes that the Under Secretary’s application of the “exceptional circumstances” provision to remove matters from DS and OIG review could impair OIG’s independence and unduly limit DS’s and OIG’s abilities to investigate alleged misconduct by Chiefs of Mission and other senior Department officials.
In the SBU report provided to Congress and the Department, OIG cited an additional factor considered by the Under Secretary—namely, that the Ambassador’s suspected misconduct (solicitation of prostitution) was not a crime in the host country. However, after the SBU report was issued, the Under Secretary advised OIG that that factor did not affect his decision to treat the matter as a “management issue” and that he cited it in a different context. This does not change any of OIG’s findings or conclusions in this matter.
After the SBU report was issued, the Under Secretary of State for Management advised OIG that he disagrees with the Office of the Legal Adviser interpretation, citing the provisions in the Foreign Service Act of 1980 which designate Chiefs of Mission appointed by the President as members of the Foreign Service. See Foreign Service Act of 1980, §§ 103(1) & 302(a)(1) (22 USC §§ 3903(1) & 3942(a)(1)).
During the course of that review, State/OIG said it discovered some evidence of disparity in DS’s handling of allegations involving prostitution. Between 2009 and 2011, DS investigated 13 prostitution-related cases involving lower-ranking officials.
The OIG apparently, found no evidence that any of those inquiries were halted and treated as “management issues.”
Also, have you heard? Apparently, DEA now has an updated “etiquette” training for its agents overseas.
New DEA “etiquette” training for overseas agents: ■ Never call ambassador by his first name. ■ No prostitutes. Etc. pic.twitter.com/aUSZipjtEC
Last Friday, an armed former fed committed murder/suicide in the federal building in NYC where Diplomatic Security has an office. The response from DS New York management? No emergency notification cascade, no immediate accountability of all personnel…not a word from the Special Agent in Charge (SAC) or ASAC.
Washington D.C., Aug. 25, 2015 —The Securities and Exchange Commission today announced an asset freeze obtained against a man in Bellevue, Wash., accused of defrauding Chinese investors seeking U.S. residency through the EB-5 Immigrant Investor Pilot Program by investing in his companies.
The SEC alleges that Lobsang Dargey and his “Path America” companies have raised at least $125 million for two real estate projects: a skyscraper in downtown Seattle and a mixed-use commercial and residential development containing a farmers’ market in Everett, Wash. But Dargey diverted $14 million for unrelated real estate projects and $3 million for personal use including the purchase of his $2.5 million home and cash withdrawals at casinos.
“We allege that Dargey promised investors their money would be used to develop specific real estate projects approved under the EB-5 program, but he misused millions of dollars to enrich himself and jeopardized investors’ prospects for U.S. residency,” said Jina L. Choi, Director of the SEC’s San Francisco Regional Office.
According to the SEC’s complaint filed yesterday in U.S. District Court for the Western District of Washington:
Under the EB-5 program, foreign citizens may qualify for U.S. residency if they make a qualified investment of at least $500,000 in a specified project that creates or preserves at least 10 jobs for U.S. workers.
Dargey and his companies obtained investments from 250 Chinese investors under the auspices of the EB-5 program. Path America SnoCo and Path America KingCo operated as regional centers through which EB-5 investments could be made.
Dargey told U.S. Citizenship and Immigration Services (USCIS) and EB-5 investors that he would use investor money only for the Seattle skyscraper and Everett, Wash., projects.
Dargey and his companies misled investors about their ability to obtain permanent residency by investing in the Path America projects. For example, Dargey knew that USCIS can deny investors’ residency applications if investor money is used for a project that materially departs from the approved business plan presented to USCIS. Dargey failed to tell investors that he and his companies had departed from the business plan by using investor money for personal expenses and unrelated projects.
Late yesterday, the court granted the SEC’s request for an asset freeze and issued an order restraining Dargey and his companies from soliciting additional investors. The SEC also was granted an order expediting discovery, prohibiting the destruction of documents, and requiring Dargey to repatriate funds he transferred to overseas bank accounts.
The SEC’s investigation was conducted by Brent Smyth and Michael Foley of the San Francisco office and supervised by Steven Buchholz. The SEC’s litigation will be led by Mr. Smyth and Susan LaMarca. The SEC appreciates the assistance of the USCIS.
According to the Seattle Times, citing a civil fraud suit filed Monday by the Securities and Exchange Commission (SEC), Dargey, a former monk, allegedly diverted millions to spend on a $2.5 million home, other real-estate investments and gambling at 14 casinos across the West. The report notes that the EB-5 visa program allows wealthy foreigners to invest at least $500,000 in a commercial enterprise that creates at least 10 full-time jobs, in exchange for a permanent-residency visa or green card. China dominates the list of countries from which immigrant investors hail.
Department of Homeland Security’s USCIS administers the Immigrant Investor Program, also known as “EB-5,” created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under a pilot immigration program first enacted in 1992 and regularly reauthorized since, certain EB-5 visas also are set aside for investors in Regional Centers designated by USCIS based on proposals for promoting economic growth. As of August 3, 2015, USCIS had approved approximately 697 regional centers. Regional centers can operate in multiple states.
As a preliminary matter, it is critical that our adjudication of EB-5 petitions and applications adhere to the correct standard of proof. In the EB-5 program, the petitioner or applicant must establish each element by a preponderance of the evidence. See Matter of Chawathe, 25 I&N Dec. 369, 375-376 (AAO 2010). That means that the petitioner or applicant must show that what he or she claims is more likely so than not so. This is a lower standard of proof than both the standard of “clear and convincing,” and the standard “beyond a reasonable doubt” that typically applies to criminal cases. The petitioner or applicant does not need to remove all doubt from our adjudication. Even if an adjudicator has some doubt as to the truth, if the petitioner or applicant submits relevant, probative, and credible evidence that leads to the conclusion that the claim is “more likely than not” or “probably true”, the petitioner or applicant has satisfied the standard of proof.
Seattle Globalist: A Seattle-area developer who once was a Tibetan Buddhist monk is accused in a lawsuit by the U.S. Securities and Exchange Commission of defrauding Chinese investors seeking U.S. residency through a controversial visa program.
The following is a decision from the Merit Systems Protection Board, and considered a precedential decision, one that can be cited as authoritative going forward.
Appellant: Timothy Allen Rainey
Agency: Department of State
Decision Number: 2015 MSPB 49
MSPB Docket No.: DC-1221-14-0898-W-1 Issuance
Date: August 6, 2015
Appeal Type: Individual Right of Action Action
Whistleblower Protection Act Jurisdiction
The appellant filed an Individual Right of Action appeal alleging that the agency stripped him of certain job duties and gave him a poor performance rating after he refused to follow an order that would have required him to violate federal acquisition regulations and training certification procedures. The administrative judge dismissed the appeal for lack of jurisdiction, finding that the appellant’s claim of retaliation based on refusal to violate acquisition regulations and training procedures did not amount to a nonfrivolous allegation that he refused to obey an order that would require him to violate a law.
Holding: The Board affirmed the initial decision.
1. While employees are protected from whistleblower retaliation for refusing to obey an order that would require a violation of the law under 5 U.S.C. § 2302(b)(9)(D), the Supreme Court made clear in Department of Homeland Security v. MacLean,135 S. Ct. 913 (2015) that this protection does not extend to violations of an agency regulation or policy.
The MSPBassumed the employee appeals function of the Civil Service Commission and was given responsibilities to perform merit systems studies and to review the significant actions of OPM. State Department’s civil servants have appeals rights in the MSPB. The employee also has a right to request review of the final decision by the United States Court of Appeals for the Federal Circuit.
The U.S. Embassy to France and Monaco and the U.S. Consulate General in Marseille announce a consolidation of consular services in southern France in order to better serve the public and enhance security for customers and staff. Effective September 1, 2015, the U.S. Consular Agency in Nice will close. All routine and emergency consular services in the Marseille consular district* will be provided by the U.S. Consulate General in Marseille. The closure reflects the U.S. government’s policy of providing the highest quality consular service to U.S. citizens and foreign nationals in a location that offers a secure environment for all concerned.
As of September 1, 2015, all U.S. passport applications, reports of birth abroad applications, and notarial services must be scheduled at either the U.S. Consulate General in Marseille or the U.S. Embassy in Paris. For emergency services in the Marseille consular district, U.S. citizens are advised to contact the consular section at the U.S. Consulate General in Marseille. For emergency services in other regions of France, U.S. citizens are advised to contact the U.S. Embassy in Paris.
The OIG report of US Mission France from 2012 notes that the Nice consular agency accepts passport applications and provides notarial services. It also says that a senior local employee with more than 40 years of consular experience essentially runs the office, making appointments for the part-time consular agent, who sees applicants on Wednesdays. Back in 2012, the Consulate General Marseille also referred all Federal benefits applicants to Nice. State/OIG notes that the Social Security Administration funds a five-person Federal benefits unit at Embassy Paris that has responsibility for providing information and processing claims in France and regionally. The assistant in Nice, although knowledgeable about Federal benefits, is providing unreimbursed and duplicative services for customers living in the south of France. A long time to be working for Uncle Sam.