Category Archives: Congress

VPOTUS Swears-In Jane Hartley as Ambassador to France and Monaco

– Domani Spero

 

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President Obama announced his intent to nominate Ms. Hartley on June 6, 2014. The WH released the following brief bio at that time.

Jane D. Hartley is the Chief Executive Officer of Observatory Group, LLC, a position she has held since 2007.  From 1994 to 2007, Ms. Hartley worked for the G7 Group, serving as its Chief Executive Officer from 1995 until her departure. From 1987 to 1989, Ms. Hartley served as Vice President and Station Manager at WWOR-TV in Secaucus, New Jersey. From 1985 to 1987, Ms. Hartley was Vice President of Marketing of MCA Broadcasting (Universal). She was Vice President of Corporate Communications at Westinghouse Broadcasting from 1983 to 1985, and Vice President of New Markets Development at Group W Cable from 1981 to 1983. From 1978 to 1981, Ms. Hartley served as Associate Assistant to the President in the Office of Public Liaison at the White House, and was Director of Congressional Relations at the Department of Housing and Urban Development from 1977 to 1978. Ms. Hartley was the Executive Director of the Democratic Mayors’ Conference for the Democratic National Committee from 1974 to 1977. She has served as a Member of the Board of Directors of the Corporation for National and Community Service since 2012. She is a Member of the Board of Directors of Heidrick and Struggles and a member of the Board of Directors and Overseers of Memorial Sloan Kettering Cancer Center. Ms. Hartley is also on the Executive Committee of the John F. Kennedy School of Government at Harvard University. She is a former Vice Chairman and member of the Executive Committee of the Economic Club of New York, and a member of the Council on Foreign Relations. Ms. Hartley received a B.A. from Boston College (Newton College).

Ms. Hartley had her Senate Foreign Relations Committee confirmation hearing on July15, 2014. On September 16, 2014, the U.S. Senate confirmed her as U.S. Ambassador to France and Monaco. This is one of those nominations that went through the process rather quickly; something that’s becoming a rarity in Washington these days.

The published Certificate of Competency says (via-Hartley, Jane D. – French Republic – July 2014):

Jane Hartley, currently the Chief Executive Officer of Observatory Group, LLC in New York City and a Member of the Board of Directors of Heidrick and Struggles in Chicago, has been the CEO of macroeconomic and political advisory firms for the past two decades. She is known for her critical analyses of the G7 countries and her depth of knowledge of French political and economic policies. A vibrant, experienced leader, Ms. Hartley will bring key skills to the task of furthering bilateral relations with the Government of France, a critical U.S. ally in the European Union and around the globe.[...] Ms. Hartley earned a B.A. at Boston College (Newton College). She speaks conversational French.

Ms. Hartley will replace businessman, Charles Rivkin who was chief of mission at US Embassy Paris from 2009–2013 (he is currently the Assistant Secretary at State’s Bureau of Economic and Business Affairs (EB)). Since the 1960s, all ambassadorial appointments to Paris had been political appointees except for one.

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Congressional Service Reports and Briefs — September 2014

– Domani Spero

 

Note that most of the docs below via state.gov are in pdf format:

-09/25/14   The United Arab Emirates (UAE): Issues for U.S. Policy  [440 Kb]
-09/24/14   Japan – U.S. Relations: Issues for Congress  [716 Kb]
-09/24/14   The “Khorasan Group” in Syria – CRS Insights  [55 Kb]
-09/24/14   Unaccompanied Alien Children: Demographics in Brief  [307 Kb]
-09/22/14   Climate Summit 2014: Warm-Up for 2015 – CRS Insights  [60 Kb]
-09/19/14   American Foreign Fighters and the Islamic State: Broad Challenges for Federal Law Enforcement – CRS Insights  [57 Kb]
-09/18/14   Energy Policy: 113th Congress Issues  [242 Kb]
-09/18/14   Russia’s Compliance with the INF Treaty – CRS Insights  [55 Kb]
-09/17/14   Afghanistan: Politics, Elections, and Government Performance  [670 Kb]
-09/17/14   Armed Conflict in Syria: Overview and U.S. Response  [880 Kb]
-09/16/14   Proposed Train and Equip Authorities for Syria: In Brief  [288 Kb]
-09/16/14   The U.S.-South Korea Free Trade Agreement (KORUS FTA): Provisions and Implementation  [589 Kb]
-09/15/14   Instances of Use of United States Armed Forces Abroad, 1798-2014  [484 Kb]
-09/15/14   Iraq: Politics, Governance, and Human Rights  [499 Kb]
-09/15/14   Man Without a Country? Expatriation of U.S. Citizen “Foreign Fighters”  [58 Kb]
-09/12/14   Iraqi and Afghan Special Immigrant Visa Programs  [340 Kb]
-09/10/14   Armed Conflict in Syria: Overview and U.S. Response  [647 Kb]
-09/10/14   Diplomatic and Embassy Security Funding Before and After the Benghazi Attacks [413 Kb]
-09/10/14   The “Islamic State” Crisis and U.S. Policy  [562 Kb]
-09/10/14   U.S. Foreign Assistance to Latin America and the Caribbean: Recent Trends and FY2015 Appropriations  [368 Kb]
-09/09/14   Considerations for Possible Authorization for Use of Military Force Against the Islamic State – CRS Insights  [56 Kb]
-09/09/14   U.S. Military Action Against the Islamic State: Answers to Frequently Asked Legal Questions  [355 Kb]
-09/08/14   Armed Conflict in Syria: Overview and U.S. Response  [633 Kb]
-09/08/14   Libya: Transition and U.S. Policy  [737 Kb]
-09/05/14   China’s Leaders Quash Hong Kong’s Hopes for Democratic Election Reforms – CRS Insights  [57 Kb]
-09/05/14   Defense Surplus Equipment Disposal, Including the Law Enforcement 1033 Program [272 Kb]
-09/05/14   Protection of Trade Secrets: Overview of Current Law and Legislation  [433 Kb]
-09/05/14   U.S. Strategic Nuclear Forces: Background, Developments, and Issues  [512 Kb]
-09/04/14   Ukraine: Current Issues and U.S. Policy  [365 Kb]
-09/03/14   Pakistan Political Unrest: In Brief  [250 Kb]

 

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Short and boring lives of the G222 Planes in Kabul — from $486M to scrap at 6 cents a pound!

– Domani Spero

 

We’re late on this, but last week, SIGAR released two letters to Secretary Hagel and to Air Force Secretary Deborah L. James concerning the  failed G222 aircraft program for the Afghan Air Force.

Starting in 2008, DOD apparently initiated a program to provide 20 of these Italian-made aircraft to the Afghan Air Force.   The Defense Department spent $486 million for these airplanes, which according to the SIGAR, “could not meet operational requirements in Afghanistan.” Sixteen of these aircraft were recently destroyed at Kabul International Airport,  scrapped by the Defense Logistics Agency, and the remains were sold to an Afghan construction company for about $32,000 total.  SIGAR calculates that the scrap was sold at roughly 6 cents a pound. The remaining four airplanes are reportedly stored at Ramstein Air Base in Germany, presumably to help fight the Taliban at some later date?

Here are the $486 million airplanes you paid for:

Photo via SIGAR

Photo via SIGAR

 Here are the scrapped beauties at 6 cents a pound:

Screen Shot 2014-10-15

Photo via SIGAR

Screen Shot 2014-10-15

Here are the links to the letters:
http://www.sigar.mil/pdf/special%20projects/SIGAR-15-04-SP_IL_G222%20Disposition%20Notf%20Req_03Oct2014_Redacted.pdf

http://www.sigar.mil/pdf/special%20projects/SIGAR-15-02-SP_IL_Scrapping%20of%20G222%20Fleet_03Oct2014_amd_Redacted.pdf

According to Defense Industry Daily:

The G.222/C-27A was not known as an easy aircraft to maintain, but it does feature outstanding short runway performance, and offers proven performance in hot weather and high altitudes. That seemed to make it well-suited for work in Afghanistan. Was it well suited to the Afghans?

That would depend on whether the Afghans could keep them in the air. The USAF tried to address the spares and maintenance issue through the program’s structure, paying for extensive training through the US military, an initial spare parts inventory, ground support equipment, technical publications in English and Dari, and 3 years worth of contractor logistics support.

But it didn’t work.

These are not the only aircraft DOD purchased for the Afghan Air Force. Defense Industry Daily has a rundown of the timeline and the contracts here.

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Man without a Country? Expatriation of a U.S. Citizen (Via CRS)

– Domani Spero

 

Some Members of Congress have advocated and sponsored bills for expatriation, one way of losing citizenship, as a method of dealing with U.S. citizens fighting abroad for foreign terrorist groups such as the Islamic State in Iraq and Syria (ISIS). In early September S.2779 was introduced in Congress to amend section 349 of the Immigration and NationalityAct to deem specified activities in support of terrorism as renunciation of U.S. nationality.

Below via the CRS:

The current law enumerates seven actions that may result in the expatriation of a U.S. citizen, regardless of whether that person is a citizen by birth or naturalization. These acts demonstrate an allegiance to another nation which may be incompatible with allegiance to the U.S. The most relevant acts for the pending bills include: (1) taking an oath of allegiance to a foreign state or one of its political subdivisions; (2) serving in the armed forces of a hostile foreign state or serving as a commissioned or non-commissioned officer in the armed forces of any foreign state; and (3) serving in any office, post or employment under a foreign state’s government after turning 18 years old, if one is also either a dual national of that state or is required to swear or declare allegiance to that state for the position. For these particular acts, a citizen cannot be expatriated while he is in the U.S. or its possessions. However, acts committed in the U.S. or its possessions can be grounds for expatriation once the citizen leaves the U.S. and resides outside of it and its possessions. Also, a citizen who asserts his claim to U.S. citizenship within six months of becoming 18 years old cannot be expatriated because of serving in the armed forces of a foreign state or making a formal renunciation abroad before a U.S. diplomatic or consular official before the age of 18 years.
[...]

None of the acts listed above result in expatriation unless committed voluntarily and with the intent to relinquish citizenship. These requirements are derived from U.S Supreme Court interpretation of the constitutional requirements for expatriation. In Afroyim v. Rusk, the Court found that the Citizenship Clause of the Fourteenth Amendment prevents Congress from legislating the automatic loss of citizenship acquired by naturalization or birth in the U.S. merely because of specified conduct, without the citizen’s assent. Then, in Vance v. Terrazas, the Court elaborated on its earlier Afroyim decision by holding that the U.S. Government must prove specific intent to renounce citizenship. The current expatriation statute requires that the burden of proof is on the party claiming that expatriation occurred, i.e., the U.S. Government, to establish the claim by a preponderance of the evidence. Any act of expatriation will be presumed to have been done voluntarily, but the presumption may be rebutted by a preponderance of the evidence that the act was not done voluntarily. In Terrazas, the Court upheld these statutory evidentiary standards as constitutional, but in light of Afroyim and the Fourteenth Amendment, it held that no presumption of intent arises from an expatriating act. The Court also indicated that a finding of intent does not require a written, express relinquishment of citizenship, but could be inferred from conduct that was completely inconsistent with and derogatory to allegiance to the U.S. and could be established by a preponderance of the evidence.
[...]
Congress does not have unlimited authority to prescribe acts as potentially expatriating. Certain actions, formerly included in the list of expatriating acts under the current statute or its precursor, were found unconstitutional for various reasons by the U.S. Supreme Court and subsequently repealed. These include desertion from the armed forces in wartime, draft evasion during wartime or a national emergency, and voting in a foreign election. Additionally, the U.S. Supreme Court has held that the Fifth Amendment bars lawfully naturalized citizens from losing citizenship for acts that do not apply to native-born citizens.

Read in full here (pdf).

Also, former FSO Peter Van Buren has a piece related to this at Firedoglake/The Dissenter:  Can the US Seize Would-Be Jihadis’ Passports? that would go well with the CRS material.

 

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Snapshot: State Department, Foreign Ops and Programs = 1% of Total Federal Budget

– Domani Spero

 

Via CRS:

Congress annually appropriates funds for the security of diplomatic personnel and facilities within the Department of State, Foreign Operations and Related Programs appropriation, which is about 1% of the total federal budget. Security funding amounts to about 9% of that appropriation.

via CRS

via CRS

Congress has not enacted a stand-alone State Department appropriation prior to the start of the fiscal year since 1995 and has not passed a stand-alone Foreign Relations Authorization law since 2002.6 Both could have been legislative vehicles for debate regarding Administration of Foreign Affairs, including diplomatic/embassy security funding and priorities. Instead, Congress has provided ongoing security funding within Continuing Resolutions (CRs) that have delayed by several months the full-year appropriation eventually provided. Funding within a CR is usually based on the previous year’s funding levels. Furthermore, if spending was not in the previous year’s appropriation (as was the case with Benghazi in 2012), it would not be funded by a CR. Only after the final appropriation is passed by Congress and signed into law by the President would State Department officials know what level of funding they can allocate on a daily/weekly/monthly basis over the 275 worldwide diplomatic posts (or 1600 work facilities)7 and over the remainder of the fiscal year.

Read in full here (pdf).

International affairs is important but apparently not important enough to merit the right interest in Congress in the last two decades when it comes to appropriating funds. There’s enough blame to go around going back to 1995, spanning three administrations, all the way back to the 104th Congress and every congressional session thereafter.

Remember that the next time you see an elected representative shed tears on teevee or blow fire from his ass about somebody or another not doing enough for the diplomats our country send overseas.

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Tired of Another War? Operation Repeat Iraqi Freedom Officially On In Iraq. And Syria.

– Domani Spero

 

Only yesterday:

 

Before you know it, this fellow on Twitter live-tweeted the strikes :

 

The Pentagon soon confirmed the air strikes:

 

Here is the official statement

 

Here’s a YouTube video of the ISIL strike:

 

The new coalition of the willing includes five Arab countries: Saudi Arabia, Jordan, the United Arab Emirates, Bahrain and Qatar:

 

The five Arab countries and their planes:

 

President Obama’s statement on the Syria bombing:

 

Here is the congressional notification:

 

Here is a longer letter (there were two?) citing authority to carry out Public Law 107-40 and Public Law 107-243).  We’re now at war in Syria, and for the third time, in Iraq:

 

Still “no boots on the ground!?”

 

How much will all this cost?

 

Did Congress say/do anything?

 

How about those war predictions?

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As of this writing, the State Department has not announced any new Travel Warning for Saudi Arabia, Jordan, the United Arab Emirates, Bahrain or Qatar.  The last Worldwide Caution notice was published on April 10, 2014.

One post out of the five Arab countries in the coalition, the US Embassy in Jordan, has issued a Security Message noting the coalition strikes against ISIL targets and the likely increased of police presence at public and diplomatic buildings throughout the country.

The only other post in the area to issue a Security Message citing “regional events” is the US Embassy in Lebanon.  Embassy Beirut advises U.S. citizens that coalition airstrikes against Islamic State in Iraq and the Levant (ISIL) targets in Syria have begun and notes an increased in kidnappings in  northern and eastern Lebanon. Both embassies say that there is no specific threat against U.S. citizens in their respected countries but caution citizens to exercise security awareness and maintain a heightened level of vigilance.

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United States Senate of Disaster. Confirmed.

– Domani Spero

 

So last night, the Senate did a few more selective confirmation, then ran out the door for the real fun stuff (see Sorry FSOs: Senate Confirms Lippert, O’Malley, Nell Crocker, Scheinman, Holleyman and Lenhardt).  There are more than 30 ambassadorial nominations pending in the Senate Foreign Relations Committee plus nominations and promotions of career employees awaiting Senate approval.  About three dozens nominees for State/USAID/BBG are stuck on the Senate’s Executive Calendar.

No career diplomat made the confirmation cut during the Senate’s last day in session. Which means, a good number of them will have to wait for confirmation during the lame duck session. Because things will definitely change then. Or not. Failing that, they all presumably will be renominated at the start of the new Congress in 2015, and things will definitely work better then. Or not.

Perplexing thing, though … just the other day, during the Benghazi Select Committee hearing, the Republicans and Democrats in Congress exchanged so many thank-yous “it could have been the Oscars” according to WaPo’s Dana Milbank. At the end of the hearing, Rep. Trey Gowdy (R-S.C.) recalled the four dead Americans, “I want to adjourn in memory of Chris Stevens, Sean Smith, Ty Woods and Glen Doherty,” he said. We missed this but according to WaPo, Rep. Elijah Cummings (D- Md.) reportedly also “embraced the theme” saying, “We are Americans … everybody trying to do the best they can to protect our people.”

We missed the group hug but see, they really do care about the career people we send out overseas. Except when they don’t.

In fairness, we must note that the Senate did a full plate of legislative business during its last session including the following:

Adopted S.Res.574: National Estuaries Week

Adopted S.Res.575: Prostate Cancer Awareness

Adopted S.Res.566: South Dakota 125th Anniversary

Adopted S.Res.420 – Naturopathic Medicine Week

Passed S.2040 – Blackfoot River Land Exchange

Passed S.2061 by voice vote – Preventing Conflicts of Interest with Contractors Act

Passed S.2583 – E-Label Act

Passed S.2778 – Secretary of State Reward for Information

 

Clearly, “everybody trying to do the best they can to protect our people “… does not include protecting our people from the Congress.  One might start to think that our elected representatives do not really care about our embassies and career diplomats, they just like saying so when they want to hear themselves talk.

So what if career diplomats are stuck in the Oakwood apartments in waiting mode for a year going on two years?

So what if an embassy has not had an ambassador for over 400 days?

You think the Senate might care more if its a place they want to visit for their next CODEL like Seoul or Paris?  Maybe, but holy guacamole, who’s been on a CODEL to Albania or Timor-Leste in the last 12 months? Anyone?

 

 

 

 

 

 

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Sorry FSOs: Senate Confirms Lippert, O’Malley, Crocker, Scheinman, Holleyman and Lenhardt

– Domani Spero

 

On September 18, the Senate confirmed the following State Department nominations. Also confirmed were the nominees for USTR and USAID.

South Korea: Mark William Lippert, to be Ambassador to the Republic of Korea

Ireland: Kevin F. O’Malley, to be Ambassador to Ireland

State/IO: Bathsheba Nell Crocker, to be an Assistant Secretary of State (International Organization Affairs)

State/NPT: Adam M. Scheinman, to be Special Representative of the President for Nuclear Nonproliferation, with the rank of Ambassador

USTR: Robert W. Holleyman II, to be Deputy United States Trade Representative, with the rank of Ambassador

USAID: Alfonso E. Lenhardt, to be Deputy Administrator of the United States Agency for International Development

 

Looking at the names of these lucky ones who made it out of the Senate, one simply feels bad for career diplomats who typically do not have BFFs in high places to lobby for their confirmation. Nominees for Palau and Timor-Leste who both have waited over 400 days may be forced to wait many more days unless the Senate act on those nominations in the next couple of days. Or perhaps after the November election? Perhaps next year?  Nominees for Paraguay, Vietnam, Bangladesh, and Cabo Verde, all career diplomats are also stuck in the Senate. Confirmation by crisis works as we have seen clearly this year, though not all the time.  But if a coup or a civil strife breaks out in any of these places in the next 48 hours, the nominees might, just might get moved up the Senate’s “we haven’t forgotten you” list before the clock runs out.

Well, what are you waiting for? Start something happening somewhere, pronto!

 

Oh, wait! Too late to start a coup.  The Senate’s gone, people!

 

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Battle For Benghazi in WashDC:  Vroom Vroom Your Search Engines Now or Just Drink Gin

– Domani Spero

 

The final (maybe) Battle for Benghazi will officially open in Washington, D.C. on September 17. We’ve counted  five competing Benghazi-related sites to-date.

Benghazi Select Committee

http://benghazi.house.gov

The Benghazi Select Committee will have its hearing carried live. We expect that the prepared statements of witnesses and the live stream of the hearing will be available here at the appropriate time.

Screen Shot 2014-09-16 at 4.47.25 PM

Wed, 09/17/2014 – 10:00am
HVC-210, Capitol Visitor Center
Topic: Implementation of the Accountability Review Board recommendations

Witnesses

Greg Star
Assistant Secretary for Diplomatic Security

Mark J. Sullivan
Chairman, The Independent Panel on Best Practices

Todd Keil
Member, The Independent Panel on Best Practices
Former Assistant Secretary for Infrastructure Protection, U.S. Department of Homeland Security

 

Benghazi on the Record

http://democrats.benghazi.house.gov

The Democrats have put up its own Select Committee on Benghazi Minority site.  Benghazi on the Record was prepared at the request of Rep. Elijah E. Cummings, the Ranking Member of the Select Committee on Benghazi, “to collect—in one place—as much information as possible regarding questions that have already been asked and answered about the attacks in Benghazi.”

 

Screen Shot 2014-09-16 at 5.00.52 PM

 

Then there are the other Benghazi related sites prep and ready:

House Republicans: Accountability Investigation of Benghazi

http://www.gop.gov/solution_content/benghazi/

House GOP Benghazi site: “For over a year now, House Committees have engaged in serious, deliberate, and exhaustive oversight investigations of what led up to this tragic event, what happened that night, and why the White House still refuses to tell the whole truth. All of the unclassified information and findings from this ongoing investigation can be found on this website.”

Screen Shot 2014-09-16 at 4.54.07 PM

 

Benghazi Committee

http://benghazicommittee.com

According to thehill.com, the super-PAC American Bridge and Correct the Record, a group that defends former Secretary Clinton, has launched a rapid-response website at benghazicommittee.com aka  Benghazi Research Center.

Screen Shot 2014-09-16 at 4.49.17 PM

Media Matters For America
“All Questions Answered”

Media Matters For America, another pro-Clinton group, launched a guide to the committee called “All Questions Answered.”

Screen Shot 2014-09-16 at 9.13.55 PM

No doubt this is just the beginning. Twitter handle scramble should happen just about now.  Tumblr, Pinterest, Instagram, AMA on Reddit, blogs still up for grabs.

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Senate Confirmations: Hoover, Harrington, Robinson, Hartley, Hachigian

– Domani Spero

 

The Senate confirmed the following nominations:

September 11, 2014

Sierra Leone: John Hoover, of Massachusetts, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the  United States of America to the Republic of Sierra Leone.

 

September 16, 2014

Lesotho: Matthew T. Harrington, of Virginia, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Lesotho

Matthew T. Harrington (left), Army South’s political advisor, speaks with Col. Steven Woods, Army South deputy commander for support, Aug. 24, 2011 (DOD photo)

Matthew T. Harrington (left), Army South’s political advisor, speaks with Col. Steven Woods, Army South deputy commander for support, Aug. 24, 2011 (DOD photo)

Guatemala: Todd D. Robinson, of New Jersey, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Guatemala

France and Monaco: Jane D. Hartley, of New York, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the French Republic; to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Principality of Monaco

ASEAN: Nina Hachigian, of California, to be Representative of the United States of America to the Association of Southeast Asian Nations, with the rank and status of Ambassador Extraordinary and Plenipotentiary

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