Category Archives: Consular Work

Burn Bag: CG Sighting! CG Sighting! Near Window #36, the Consular Section, Now!

Via Burn Bag

“The CG [consul general] of our very large consular section was recently on leave for several weeks, not that anybody noticed.  She interacts with her staff so rarely that we’ve begun to make jokes about “CG sightings” in the consular section (Note:  she’s up to six after a year here).  Apparently, however, this was simply too much interaction and she has convinced CA [Consular Affairs] to create a Deputy CG position.  Huh?”

via reactiongifs.com

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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.
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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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Filed under Americans Abroad, Congress, Consular Work, Govt Reports/Documents, Regulations, State Department, War

Burn Bag: Ladies and Gentlemen – the New Consular Bidder Assessment Tool

Via Burn Bag:

“Well, the results of the new Consular Bidder Assessment Tool are out. Based on the median scores, every bidder is in the top 20% of all bidders according to the rankings assigned by his peers. How much did we pay a contractor to come up with something just as useless as the 360?”

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♥ ♠ ♥

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Snapshot: Total Adoptions (1999 – 2013) – 249,694 Children

– Domani Spero

 

Via travel.state.gov:

Screen Shot 2014-10-05 at 10.04.58 AM

Screen Shot 2014-10-05 at 10.04.14 AM

 

 

 

 

 

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U.S. Embassy Hanoi Starts Vietnam Adoption Processing Through the Special Adoption Program

– Domani Spero

 

Last month, the the United States started processing the  Hague Convention adoptions from Vietnam through the Special Adoption Program. Two U.S. adoption service providers – Dillon International and Holt International Children’s Services, were selected and granted by the Government of Vietnam licenses to operate intercountry adoption program for children with special needs, children aged five and older, and children in biological sibling groups (Special Adoption Program).  According to Embassy Hanoi, the ceremony held on September 16, 2014 also marks the effective date for the United States to start processing Hague Convention adoptions from Vietnam through the Special Adoption Program. Below is an excerpt from the announcement:

Inter-country adoption between the United States and Vietnam has been inactive since 2008. Since that time, Vietnam has strengthened its commitment to reforming its adoption system. The Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption (Convention) entered into force for Vietnam on February 1, 2012. The Government of Vietnam has taken a number of steps to improve its implementation of the Convention, particularly in adoptions of children with special needs and for older children and biological sibling groups. A new adoption law, implementing decree, and related circulars have been passed and are being implemented. The United States welcomes Vietnam’s efforts to enhance its child welfare and intercountry adoption system and has now determined that, through the Special Adoption Program, it will be able to process Convention adoptions from Vietnam. However, the United States will not process Convention adoptions from Vietnam that fall outside the parameters of the Special Adoption Program. We will continue to monitor the Vietnamese child welfare program to determine if the intercountry adoption program can be expanded.

Below is Tiffany Murphy, the Chief of the Consular Section of the U.S Embassy in Hanoi announcing the content of the adoption program between the two countries. Via Vietnam International Television VTV4

Click here for the adoption information from DHS/USCIS.

 

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Argentina Prez Calls Embassy Message “A Provocation,” Claims ISIS, No, U.S. Plans to Bump Her Off?

– Domani Spero

 

Don’t look now but it appears as if the situation in Argentina is about to get more than touchy serious.  On September 29, 2014, the U.S. Embassy in Buenos Aires released a Security Message for U.S. Citizens on General Security Awareness (pdf):

The U.S. Embassy wishes to inform U.S. citizens living and traveling in Argentina that in recent months, U.S. citizens have reported a number of crimes to the embassy. Crimes reported include petty crime, taxi scams (especially at international airports), mugging, snatch-and-grab robbery involving motorcycles and bicycles, and occasionally more serious crimes such as express kidnapping, home invasion, carjacking, assault, and sexual assault using date rape drugs. We recommend that U.S. citizens traveling and living in Argentina always be aware of their surroundings, maintain a high level of vigilance, and take appropriate steps to enhance their personal security. Please consult reliable sources for information on transportation, lodging, and the general security of areas you are visiting.

U.S. citizens should avoid areas of demonstrations and exercise caution in the vicinity of any large gatherings or protests. The majority of crimes reported to the Embassy occur in the major metropolitan areas but U.S. citizens should use an equal level of caution outside large population centers. While crimes happen at all times of day and night, they are significantly more frequent after dark.

The Embassy does not have evidence that victims have been targeted because of their U.S. citizenship. If you are the victim of a crime, please report it immediately to the police and inform American Citizen Services at the U.S. Embassy.

The message went out a few days after the Church of Jesus Christ of Latter-day Saints president David P. Robertson, of the Argentina Buenos Aires West Mission, was robbed and briefly held on the night of September 24. According to El Dia cited by a Provo newspaper, Robertson was driving his Toyota truck when he was stopped by armed bandits at an intersection in Ciudadela, a city in the Buenos Aires area. The assailants reportedly took his wallet, cell phone and vehicle, and then released him on the street.

The president of Argentina, Cristina Fernández de Kirchner (or CFK), called the security message, “a provocation” and she knew exactly who to blame. Below via mercopress:

“The note is a provocation. Usually, when the embassy issues this type of warning messages, it focuses on specific events such as political rallies or hostage situations which can be dangerous to US citizens,” the Argentine president explained.

“In this case, the threat is not specific. It describes Argentina as if we were living in the far-west,” she added, and went on to doubt US interim ambassador in Buenos Aires Kevin Sullivan’s intentions with the note.

“We know who wrote it: the same person who announced the country was in default,” CFK said, referring to Sullivan’s remarks about the country needing “to exit default as soon as possible”.

“Maybe he thought: ‘I can provoke her with this statement, escalate tension and then they’ll kick me out of the country’. But we are not going to do this… because the person who comes to fill his position may be even worse. We know this one; we know who he is. I always say: If you know them, better leave them where they are,” the President stated.

Let’s see if we can get this straight …the Chargé d’Affaires (a.i.) Kevin K. Sullivan wrote the Consular Section’s security message to upset the host country president so that he, CDA Sullivan can be kicked out of the country where he has been boss-man at the U.S. Embassy since June 2013?  That make perfect sense, right?  If true, this might just be one of the nuttiest way of getting out of what we’d call a plum assignment in the diplomatic service.  Anybody out there who has successfully got himself/herself PNGed using this strategy?

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Chargé d’Affaires (a.i.) Kevin K. Sullivan (center) with Willem Dafoe and Mikhail Baryshnikov at Palacio Bosch, Argentina (photo via US Embassy Buenos Aires/FB)

Back in May, Diplomatic Security actually released its 2014 Crime and Security Report on Argentina where it calls crime a serious problem in the country. “Street and residential crime appears to be increasingly common,is more violent than in the past, and is often perpetrated with a firearm or other deadly weapon.“But the report also says that “Despite the negative perception of various U.S. government policies, Argentines are friendly to Americans, and visitors are unlikely to experience anti-American sentiment.”

Unless Mr. Sullivan is pulling double duty as the Regional Security Officer  (RSO) at Embassy Buenos Aires, we’re pretty confident that he also did not write that crime and security report.

We should note that the nominee to be the next permanent resident of Palacio Bosch is Obama bundler, Noah Mamet.  Mr. Mamet one of the more controversial political appointees is still stuck in the Senate.  If Mr. Mamet gets through the confirmation process, CFK may have to get to know him, too. Mr. Mamet speaks a little Spanish but has never been to Argentina, so there’s an opportunity for some work there.

In the meantime, as if all this is not convoluted enough, the  Guardian reported that President Cristina Fernández de Kirchner  has now“claimed the US may be behind a plot to overthrow her government and possibly even assassinate her.” Whaaaat? Excerpt below:

[S]he gave a rambling televised address in which she claimed the US may be behind a plot to overthrow her government and possibly even assassinate her.

“If something should happen to me, don’t look to the Middle East, look to the North,” Fernández said during the address on Tuesday night, in which she alluded to an alleged plot against her by local bankers and businessmen “with foreign help”.

Fernández had previously claimed to have received death threats from Islamic State (Isis) because of her friendship with Pope Francis. In last night’s speech, however, she seemed to suggest the threats against her, received in three emails to Argentinian security officials, had come from the US.

Her claim comes in the wake of a rapid deterioration of Argentina’s already rocky relationship with the US after the country went into default in August.

This is the president of over 41 million Argentines who says “the first thing I demand is respect.” 

Secretary Clinton With Argentine President Cristina Fernandez de Kirchner  U.S. Secretary of State Hillary Rodham Clinton poses with Argentine President Cristina Fernandez de Kirchner following a press conference in Buenos Aires, Argentina March 1, 2010. [State Department Photo/Public Domain]

Secretary Clinton With Argentine President Cristina Fernandez de Kirchner
U.S. Secretary of State Hillary Rodham Clinton poses with Argentine President Cristina Fernandez de Kirchner following a press conference in Buenos Aires, Argentina March 1, 2010. [State Department Photo/Public Domain]

According to the Guardian, Elisa Carrió, the UNEN party presidential candidate has called President Fernández “completely out of touch with reality”. “

“Since she doesn’t resist reality, with unemployment, high inflation, the rising dollar, she says it’s no longer Isis trying to kill her, but the US,” said Carrió. “She’s inventing conspiracies.”

In related news, CFK on September 30, also publicly criticized the country’s Central Bank “for allegedly leaking inside information” according to Bloomberg News. Central Bank President Juan Carlos Fabrega officially resigned yesterday which resulted in deepening Argentine bond and stock markets losses.

No, it’s not useful to revisit that INR (Bureau of Intelligence and Research) cable; that one only has questions, and none of the answers. And we’d really like to know who is CFK going to suggest of plotting to kill her next.

Hey, what’s gong going on with Arturo, the only polar bear in Argentina?

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U.S. Embassy Yemen Now on Evacuation … No, on Temporary Reduction of Staff Status

– Domani Spero

 

On September 25, the State Department finally ordered the evacuation temporary reduction of USG personnel from the US Embassy in Yemen.  Below is an excerpt from the updated Travel Warning:

The U.S. Department of State warns U.S. citizens of the high security threat level in Yemen due to terrorist activities and civil unrest.  The Department urges U.S. citizens to defer travel to Yemen and those U.S. citizens currently living in Yemen to depart. This supersedes the Travel Warning for Yemen issued on July 21, 2014.

On September 24, 2014, the Department of State ordered a reduction of U.S. government personnel from Yemen out of an abundance of caution due to the continued civil unrest and the potential for military escalation. The Embassy’s ability to assist U.S. citizens in an emergency and provide routine consular services may be limited. Embassy officers are restricted in their movements and cannot travel outside of Sana’a. In addition, movements within Sana’a are severely constrained and may be further constrained by the fluid security situation.

The security threat level in Yemen is extremely high. The Embassy is subject to frequent unannounced closures.  In May 2014, the Embassy was closed for almost five weeks because of heightened security threats.

Demonstrations continue to take place in various parts of the country and may quickly escalate and turn violent. U.S. citizens are urged to avoid areas of demonstrations, and to exercise extreme caution if within the vicinity of a demonstration.

Read in full here.

In related news, the Official Spokesperson of the State Department released a statement emphasizing that “The Embassy did not suspend operations and will continue to operate, albeit with reduced staff” and that “Consular services have not been affected by this temporary reduction in personnel.”

Serious question — when the USG declares that post is on “temporary reduction” or on “temporary relocation” of personnel, which seems to be the trend these days, are affected personnel considered “evacuees” for allowance and travel purposes?  Or are all the affected personnel put on TDY status to their designated safe havens?  We’re having a hard time locating the citation for “temporary reduction”or “temporary relocation” in the Foreign Affairs Manual.

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Clips via Twitter:

Yesterday:

 

 

Today:

 

 

 

 

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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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Consular Affairs to Get a New Boss — Michele Bond Nominated as Assistant Secretary

– Domani Spero

 

On September 9, President Obama announced his intent to nominate  Michele Thoren Bond as the next Assistant Secretary for Consular Affairs. Ms. Bond has been the Acting A/S for the CA bureau since the retirement of Janice Jacobs this past spring.

Photo via Embassy Maseru/FB

Photo via Embassy Maseru/FB

The WH released the following brief bio:

Michele Thoren Bond is the Principal Deputy Assistant Secretary in the Bureau of Consular Affairs at the Department of State (DOS), a position she has held since December 2012.  Since April 2014, she has also served as Acting Assistant Secretary for Consular Affairs at DOS.  From 2010 to 2012, she served as the Ambassador to the Kingdom of Lesotho and from 2007 to 2010, she served as Deputy Assistant Secretary for Overseas Citizens Services at DOS.  From 2006 to 2007, Ms. Bond was the Director of the Office of Policy Coordination and Public Affairs in the Bureau of Consular Affairs at DOS.  From 2003 to 2006, she served as a Principal Officer at the U.S. Consulate General in Amsterdam, Netherlands, and she was Managing Director for Overseas Citizens Services at DOS from 2001 to 2003.  From 1999 to 2001, Ms. Bond was the Director of Consular Training at the Foreign Service Institute.  Since joining the Foreign Service in 1977, she has also served in Guatemala City, Guatemala; Belgrade, Serbia; Prague, Czech Republic; and Moscow, Russia.

Ms. Bond received a B.A. from Wellesley College, an M.A. from Georgetown University School of Foreign Service, and an M.A. from the National War College.

She is married to Clifford G. Bond, a retired Foreign Service Officer and former Ambassador to Bosnia-Herzegovina.  Ms. Bond speaks Spanish, French, Serbian, and Swedish.  Her official state.gov bio also includes the following:

Ambassador Bond received a Presidential Award for Meritorious Service in 2013, and the Mary A. Ryan Award for Outstanding Public Service in 2010. She and her team at the U.S. Embassy in Moscow received a national Public Service award in 1998 for their initiatives in support of adoptions in Russia and seven other formerly Soviet nations.

Click here for an interview she did when she was ambassador to Lesotho.

Ms. Bond will still need to go through the Senate confirmation process  but we expect that she will get confirmed just as soon as the most deliberative body gets its interpersonal disharmony worked out.

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Tweet of the Day: U.S. Embassy Kosovo Welcomes First Consular Officer

– Domani Spero

 

 

 

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