In 2004, Alden P. Stallings, a Foreign Service Officer pleaded guilty for writing false visa referrals. According to DOJ, Stallings was assigned to the U.S. Embassy in Seoul, Korea as the Deputy Public Affairs Officer when he submitted to the Consular Section 54 referrals in which he provided false information about his relationship with the applicants. DOJ charged that on each of the 54 referral forms, Stallings stated that he recommended the issuance of a non-immigrant visa to the applicant because the applicant was an “important post contact” whom he had “personally known” since a specified date. In fact, on each of the 54 occasions, Stallings knew that his statement on the referral form was false, and that he did not personally know the contact.
At the time Stallings pleaded guilty,he faced a maximum sentence of five years in prison and a $250,000 fine, and that case effectively ended his career.
But hey, is it true that if you are in a senior position or a congressional representative, a personal intervention on behalf of a rejected visa applicant — who allegedly brought foreign maids into the country under false visa pretenses, and donated money to political campaigns — is A-okay?
The Obama administration overturned a ban preventing a wealthy, politically connected Ecuadorean woman from entering the United States after her family gave tens of thousands of dollars to Democratic campaigns, according to finance records and government officials.
The woman, Estefanía Isaías, had been barred from coming to the United States after being caught fraudulently obtaining visas for her maids. But the ban was lifted at the request of the State Department under former Secretary of State Hillary Rodham Clinton so that Ms. Isaías could work for an Obama fund-raiser with close ties to the administration.
It was one of several favorable decisions the Obama administration made in recent years involving the Isaías family, which the government of Ecuadoraccuses of buying protection from Washington and living comfortably in Miami off the profits of a looted bank in Ecuador.
In the spring of 2011, Ms. Isaías, a television executive, was in a difficult situation.
Her father and uncle were Ecuadorean fugitives living in Miami, but she was barred from entering the United States after she brought maids into the country under false visa pretenses and left them at her parents’ Miami home while she traveled.
“Alien smuggling” is what American consular officials in Ecuador called it.
American diplomats began enforcing the ban against Ms. Isaías, blocking her from coming to Miami for a job with a communications strategist who had raised up to $500,000 for President Obama.
Over the course of the next year, as various members of the Isaías family donated to Mr. Menendez’s re-election campaign, the senator and his staff repeatedly made calls, sent emails and wrote letters about Ms. Isaías’s case to Mrs. Clinton, Ms. Mills, the consulate in Ecuador, and the departments of State and Homeland Security.
After months of resistance from State Department offices in Ecuador and Washington, the senator lobbied Ms. Mills himself, and the ban against Ms. Isaías was eventually overturned.
[…] David A. Duckenfield, a partner at the company who is now on leave for a position as deputy assistant secretary of public affairs at the State Department, said Ms. Isaías worked for the firm but declined to comment further. Another senior executive at the firm said she must work outside the office because he had never heard of her.
“There are rigorous processes in place for matters such as these, and they were followed,” said the spokesman, Nick Merrill. “Nothing more, nothing less.”
A White House spokesman, Eric Schultz, declined to comment, saying that visas are issued free from political interference by other federal agencies.
Mr. Boehm, the former Pennsylvania prosecutor, said Senate ethics rules allowed members of Congress to reach out to the administration on behalf of a constituent. “Members of Congress do a lot for their constituents,” Mr. Boehm said.
“These folks are not his constituents,” he added, referring to Mr. Menendez.
Imagine if a country, say China, sends some of its foreign aid funds to foreign non-government groups in the United States to help us repair our roads and bridges or learn about their people’s congress. What if its National People’s Congress dictates that its embassy in Washington, D.C. does not have to take into account the wishes of the U.S. Government as to where or how that money is spent; that the specific nature of Beijing’s assistance need not be subject to the prior approval by the United States Government. What do you think will happen? If we were up in arms (looking at you Texas) over the UN election monitors, imagine what it would be like if a foreign government starts something crazy like this.
But apparently, that’s exactly what we did in Egypt, thanks to then Senator Sam Brownback’s amendment.
In 2004, the U.S. government began discussions with the Egyptian government regarding a program to directly fund NGOs and other organizations to implement democracy and governance activities in Egypt outside of the framework of an implementing assistance agreement. From September to November 2004, the two governments worked to outline a process by which the United States would directly fund such activities. Further information on this process can be found in the sensitive version of our report.
Shortly thereafter, Congress approved an amendment to the Consolidated Appropriations Act of 2005 (the Brownback Amendment), which provided further direction regarding assistance for democracy and governance activities in Egypt. The Brownback Amendment stated, “That with respect to the provision of assistance for Egypt for democracy and governance activities, the organizations implementing such assistance and the specific nature of that assistance shall not be subject to the prior approval by the Government of Egypt.”
In fiscal year 2005, USAID began using some democracy and governance assistance to directly fund NGOs and other types of organizations to implement democracy and governance activities, rather than working with the Egyptian government under the implementing assistance agreement. Soon after USAID started to directly fund NGOs and other types of organizations to implement democracy and governance activities in fiscal year 2005, the Egyptian government raised objections. Among other things, the Egyptian government stated that USAID was violating the terms of the process that the two governments had outlined in a 2004 exchange of letters. However, the U.S. government officials responded that they were interpreting their commitments based upon the conditions applied by the Brownback Amendment and agreement in diplomatic discussions on direct funding to NGOs.
Click on image for larger view
The Egyptian government strongly objected to some of the U.S. government’s planned assistance for democracy and governance after the January 2011 revolution, including the award of funding to unregistered NGOs.9 These concerns led to the Egyptian Ministry of Justice questioning officials from several NGOs about their activities in late 2011. Subsequently, in December 2011, the Egyptian police raided the offices of four U.S. NGOs that were implementing U.S.-funded democracy and governance activities—Freedom House, ICFJ, IRI, and NDI. In February 2012, the Egyptian government charged employees of these four organizations and a German organization, the Konrad Adenauer Foundation, with establishing and operating unauthorized international organizations, according to government documents.10 At the time of the charges, all four U.S. organizations reported that they had submitted registration applications to the Egyptian government.11 In June 2013, an Egyptian court convicted a total of 43 employees from the four U.S. NGOs and the Konrad Adenauer Foundation, of these charges and the NGOs had to close their operations in Egypt. Table 1 provides a summary of the grants the U.S. government awarded after the January 2011 revolution to the four U.S. NGOs that were prosecuted. All of the American staff from the NGOs were allowed to leave Egypt before the convictions.
You imply that the United States would never allow assistance of the kind we provide to Egypt in terms of democracy assistance. This is not the case. We do restrict the ability of foreign nations to influence our elections, but foreign nations have both the ability and the right to influence policy decisions in the United States. Two days ago, I was reading a blog on foreignpolicy.com sponsored by the UAE Embassy. But much more importantly many foreign governments hire lobbyists, engage in informational campaigns, or provide grants to NGOs in the United States and all of these activities are protected by U.S. law. To return to Egypt, I have worked on many authoritarian countries including Egypt where the government has done everything possible to squeeze organizations and individuals standing up for human rights and individual freedoms. Just as we allow foreign countries to engage in policy advocacy in the United States, I see no reason why we should engage in unilateral human rights disarmament and allow the objections of the Syrians, Iranians, Egyptians, Russians, Chinese, and Burmese among others about their sovereignty prevent us from aiding individuals and organizations these governments are seeking to crush. Having said this, I am also acutely aware of the need to ensure that our assistance does not endanger the individuals and organizations we are seeking to support and protect. It’s a tough line to walk, but I have sought to walk it many times in my Foreign Service career.
The US Consulate General in Sydney issued the following message over an ongoing security incident in a nearby cafe:
Emergency Message for U.S. Citizens: Ongoing Security Incident in Martin Place in Sydney
U.S. Consulate Sydney informs U.S. citizens of a security incident involving at least one armed person at Lindt Chocolate Café in Martin Place in Sydney. New South Wales and Australian Federal police are addressing the threat. Please avoid the area around Martin Place until further notice.
U.S. citizens are strongly encouraged to review your personal security plan, remain aware of your surroundings including local events, and monitor local news stations for updates. Maintain a high level of vigilance and take appropriate steps to enhance your personal security.
Consulate General of the United States of America
American Citizen Services (ACS)
Level 10, 19-29 Martin Place Sydney NSW 2000
Telephone +61-2-9373-9200 (1:30 p.m. to 3:30 p.m. Regular Business Days)
For hourly updates on the security situation in Martin Place please call the following number: 02 9373 9297
According the BBC News Australia citing the website of Australian newspaper The Age is reporting that thousands of Sydney’s city workers have been sent home early and some major buildings have been evacuated. They include the Opera House, the State Library, Channel Seven television station offices, the New South Wales parliamentary executive offices, the NSW Supreme Court’s criminal courts and several city legal chambers.
BBC News Australia is also reporting that the CEO of Lindt says there are 10 staff and around 30 customers holed up in the cafe in central Sydney. Several people reportedly can be seen pressed up against windows inside the cafe, with some holding up some sort of flag.
USCG Sydney is headed by Hugo Llorens who arrived in Sydney October 3, 2013 to become Principal Officer at the U.S. Consulate General with responsibility for the region encompassing New South Wales, Queensland and Norfolk Island. He previously served as the Assistant Chief of Mission at the U.S. Embassy in Kabul, Afghanistan from May 2012 to June 2013. He served as U.S. Ambassador to Honduras from September 2008 to July 2011.
U.S. citizens in Afghanistan should be aware that release of declassified versions of the executive summary, findings, and conclusions of the Senate Select Committee on Intelligence’s study on the CIA’s Rendition, Detention, and Interrogation program could prompt anti-U.S. protests and violence against U.S. interests, including private U.S. citizens. U.S. citizens should pay attention to their surroundings and take appropriate safety precautions, including avoiding demonstrations or confrontational situations.
The U.S. Embassy in Bangkok has now released a similar message:
U.S. citizens in Thailand should be aware that release of declassified versions of the executive summary, findings, and conclusions of the U.S. Senate Select Committee on Intelligence’s report of the CIA’s Rendition, Detention and Interrogation program could prompt anti-U.S. protests and violence against U.S. interests, including private U.S. citizens. U.S. citizens should pay attention to their surroundings and take appropriate safety precautions, including avoiding demonstrations or confrontational situations.
The most extensive review of U.S. intelligence-gathering tactics in generations is set to be made public Tuesday, reigniting a post-9/11 public debate over the use of torture to combat terrorism.
The Senate Intelligence Committee’s much-anticipated report comes after a years-long review of CIA practices and subsequent wrangling with the spy agency and the White House over whether its contents should be made public and, if so, which parts should be redacted.
As Feinstein finalized plans to release part of the report, Secretary of State John F. Kerry phoned her Friday to warn of the potential consequences of releasing the report at this time. The State Department called for a review of security measures at overseas missions as a precaution against possible demonstrations, and White House spokesman Josh Earnest said Monday that the administration has taken “prudent steps to ensure that the proper security precautions are in place” at U.S. facilities around the world.
The Guardian reported yesterday that the chairman of the House intelligence committee said the release of the Senate report examining the use of torture by the CIA a decade ago will cause violence and deaths abroad. The same report quoted the State Department spox:
Spokeswoman Marie Harf said the State Department has “directed all of our posts overseas to review their security posture in light of … a release of this report, to ensure that our personnel, our facilities and our interests are prepared for the range of reactions that might occur.”
This has been a long delayed report, although it looks like it will finally come out tomorrow.
NPR notes that the Senate Intelligence Committee voted in April to release the 480-page executive summary of the report on the CIA’s interrogation policies during the presidency of George W. Bush. The entire report is 6,000 pages long but only the executive summary is expected to be released.
Final report on CIA’s detention and interrogation program runs more than 6,000 pages, w/ more than 35,000 footnotes. http://t.co/FhpbB0SUuh
Potentially violent reactions to the report could be directed not just on official Americans overseas but also American citizens in the wrong place at the wrong time. No security message or travel warning has been posted on travel.state.gov or via OSACas of this writing. You all be careful out there!
One of our readers pointed us to this MamaCongo blogpost (thanks A!). We’ve requested and was granted permission by the author to excerpt it here. She is the country representative of the Mennonite Central Committee, a nongovernment organization operating in Burkina Faso, and a marvelous storyteller. In the post below, she tells us a slice of life amidst a crisis in a foreign land. Reminds us of Four Globetrotters’ blogpost about what an FSO and her colleagues went through during the attack of the U.S. Embassy in Tunis in 2012 (see Attack here).
The following post from MamaCongo is a first person account of an American expat during the recent revolution in Burkina Faso, a land-locked country in the center of West Africa with one of the highest poverty rates in the world. According to Diplomatic Security’s Crime and Safety Report, Burkina Faso was also rocked by several months of protests, civil unrest, and lawlessness in 2011. In the event of lawlessness or protests by armed groups, including such incidents perpetrated by soldiers and police, the official advice is to seek a safe location, remain indoors, and shelter in place. The shelter in place advice, of course, that does not work, if the house you’re in is a target for burning, and looting,, as was the case here.
There is a shoutout in the blogpost for Kristin, an FSO at our embassy in Ouagadougou. For all the consular officers and duty officers out there who seldom get a mention for their work, this one’s for you. And those French, by heavens, they remain cool and collected with smokes and drinks even in a crisis?
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Burkina Faso’s Revolution. Or the day mama jumped in the pool fully clothed.
It’s taken us a bit of time to process Burkina Faso’s recent uprising, or revolution, or coup, or junta, or whatever you want to call it. Granted we’re not Burkinabé nor were we anywhere near the front lines, but our expat lives were a bit shaken up. I mean, we’re not in Congo anymore so life should be easy peasy for goodness sake.
In short, Blaise Compaoré, Burkina Faso’s longtime president of 27 years, decided he wanted to change the constitution to extend term limits. But folks had another idea. As in, on the day of the vote thousands of people mobilized to stop it.
On that morning, we planned to introduce the director of our organization (who was visiting from the States – perfect timing) to participants we work with at the prison. No big deal, Adam would take him in the morning before the vote results were announced. I’d stay back in the office and hold down the fort. Of course no one else was dumb enough to come to work that day. So there I sat alone while they headed off to the prison.
About the time they arrived at the prison, the city exploded. Tens of thousands of people protested and then attacked the parliament building setting it on fire. There was gunfire, then helicopters dropped tear gas. I spent the morning pacing up and down the office hallway. Convincing myself my eyes were burning from really intense dust and not tear gas. I also sent messages to Jill because how can this be happening and I have no one to talk to?!
I won’t mention how many paces it took me to remember my children playing outside a few blocks away. But I did eventually call Anastasie and ask her to take the girls inside and close the windows. Clearly she had already done this. Because tear gas.
Meanwhile at the prison, a mob had gathered outside and began banging on the doors, so needless to say, Adam and our director were stuck inside. I’ll keep this exciting part about Adam short due to his issue with reading long posts and all: Prison guards quickly change into military uniforms. Everyone running. Adam stuck inside. Me thinking it’s slightly funny he’s got himself and our director trapped in a prison during a coup. Me waiting a long time, not thinking it’s so funny anymore. Crowds getting bigger. Me making lots of phone calls and driving back and forth through protestors to attempt to free them from prison. They eventually escape with zero help from me. 30 minutes later factory across from the prison is looted and burned. Revolt later that day in the prison and 3 people killed. Us breathing sigh of relief.
The stuck in prison situation is the kind of experience I’m happy to have had when it’s over. It was equal parts tense and exciting and it makes for a good story. All’s well that ends well. We are safe and sound at home. Boy was that crazy! So glad this whole revolution thing is over. I put up a semi-clever post on Facebook with a synopsis of the day. We’re proud of ourselves for distracting our children from the gunfire. They didn’t even notice! We’re so cool. Goodnight.
Compaoré resigned the next morning and left the country in a heavily armored motorcade. A general in the military was then named interim leader. Turns out this guy was not so popular and the city erupted once again. Oh wait, this revolution thing isn’t over yet?
A tactic that proved quite effective the day before was the burning and looting of former Compaoré government official’s houses along with those of his relatives and friends. A house a few blocks in front of our’s was burned as well as another house behind us. We got word that our next door neighbor’s house, with whom we share a wall, was next on the loot and burn list. A mob was on its way. Our neighbor on the other side yelled for us to quick get out of our house.
It’s safe to say this was not my calmest moment in motherhood. I went into full panic mode and ushered my children next door – to the safe neighbor’s house. We’ve been down this leave-the-house-and-all-of-your-belongings road before in Congo, so I grabbed their growth chart off the wall, the baby quilt and the princess dresses. Because I can hide from our children the fact that our house has been burned to the ground, but they’re definitely going to notice if their princess dresses are missing.
We took shelter next door. And again the pacing sets in. At this point we crossed a line we had never crossed before. Our children were scared and crying and asking what was going on. Guards were gathered in the road. And everyone was just waiting for the inevitable to happen. It didn’t ease our minds that a document had been looted from the president’s brother’s house, photocopied in mass and distributed throughout the city listing the addresses of houses that the president had bought for his friends. Our neighbor’s house number was #2 on the list.
I kind of just wanted the looters and burners to show up so it could just happen and be over. Someone suggested I call the embassy. After 6 years in Congo, I have their emergency number on speed dial. I don’t know how many times in Kinshasa I had to call an annoyed 18-year-old Marine and explain how we got our car booted in the middle of the road again.
Here in Ouagadougou it’s a kind woman named Kristin, who bless her heart, must have been a 911 operator or worked at a suicide prevention hotline in a previous life. She was so sweet and encouraging and for the first time since this whole ordeal began, I was talking with someone to whom I didn’t need to show a brave face. I started to tear up, so I took myself into my neighbor’s garage and had a good cry with dear, sweet Kristin. (Kristin, I hope you never read this. I would like to remain the anonymous, unstable expat caller.)
For whatever reason the mob had yet to come and it’s clear that pacing at our neighbor’s house all day was not a good plan for anyone. So we scurried across the street to distract our children and let them swim at the pool of our neighborhood French compound.
And folks, I kid you not. Those Frenchies were smoking and drinking and having a grand old time behind their wall, not 20 feet away from our panic attack across the street.
Our girls soon forgot their trauma and swam and joined in the carefree French time. Meanwhile, Adam and I were poolside sending emails and making hurried phone calls to our organization’s headquarters in the States, all the while keeping an ear out for approaching angry mobs.
At this point, as if our world had not stopped already, I glanced in the pool and Ani was bobbing and gasping for air in the deep end. So naturally, I jump in the pool, in front of all those relaxed French folk – fully clothed, leather clogs and all – to pull that poor girl out.
I swear to you, at this moment another military plane buzzed overhead and after the near-burning of our house and the near-drowning of my child, I took a moment to tread water and have a mini breakdown right there in the pool. I’ll never forget Adam and our director looking down at me, offering hands to help me out. But I just stayed. And treaded water. And cried.
And then my loving husband said, “That was crazy. It was kind of embarrassing that you had to jump in the pool like that to save her, but none of these French people even noticed. No one turned their heads. How are they so cool about everything?!”
I spent the rest of the day sitting by the pool. Sopping wet. You know, because of no spare clothes due to being evacuated from my house and all. Then after the curfew set in (which is announced in the curious way of police going through the streets and shooting in the air) our house was still standing and it was deemed safe to go home.
Our neighbors in question had rallied their burliest male relatives to set up camp outside their house to protect it. We managed to fall asleep that night, but it’s practically impossible to distinguish between the noises of a mob of men guarding a house and a mob of men attacking a house.
We debriefed with the girls and asked them how they felt when we had to leave our house and run next door. Because afterall, they were upset and scared and I don’t want that coming back at us in adolescence.
They didn’t really seem to remember it, so we didn’t press it. They were too distracted and confused about why mama jumped and cried in the pool. “No really, why were you crying in the pool?” they asked, “And why didn’t you put on your bathing suit first?” A full month later, they are still talking about this. “Hey! Remember that time mama jumped in the pool with her clothes on?!”
Thank the lord they’re not asking, “Remember that time we ran screaming from our house because we thought it was going to burn down?”
There’s more. Read the entire blogpost here via MamaCongo.
On October 29, the U.S. Embassy in the United Arab Emirates issued a security message concerning potential threats against teachers at American and international schools in the Middle East:
The Embassy/Consulate wishes to notify the U.S. citizen community of a recent anonymous posting on a Jihadist website that encouraged attacks against teachers at American and other international schools in the Middle East. The Mission is unaware of any specific, credible threat against any American or other school or individual in the United Arab Emirates (UAE). Nonetheless, the Mission is working with local schools identified with the United States to review their security posture. U.S. citizens residing in or visiting the UAE should remain vigilant regarding their personal security and be alert to local security developments.
On December 3, ABC News reports that an American kindergarten teacher who is the mother of twins was stabbed to death in the bathroom of an Abu Dhabi shopping mall by a robed figure dubbed the “Reem Island Ghost.” “The injured woman was immediately rushed to Sheikh Khalifa Medical City where she succumbed to the wounds she sustained in the attack,” Abu Dhabi police said in a statement cited by ABC News.
Via Daily Mail:
An American teacher and mother of twins was stabbed to death in a shopping centre toilet in Abu Dhabi by a suspect in a Muslim veil, police said Wednesday.
It was unclear what the motive was for Monday’s attack in the upmarket Boutik Mall on Al Reem Island, which is popular with expats.
Police said the 37-year-old victim, who worked at a nursery school in Abu Dhabi, was stabbed by a person wearing a black robe, black gloves and a niqab — a Muslim veil that conceals the face except for the eyes. […]
Her 11-year-old twins were taken into police care until their father arrived from abroad.
The stabbing took place on the same day as a recording attributed to IS spokesman Abu Mohammed al-Adnani urged Muslims to attack Westerners by any means, even if only to “spit on their faces”.
The Daily Mail report notesthat an assailant also stabbed and wounded a Canadian while he shopped at a mall in Dhahran, Saudi Arabia, this past weekend.
Embassy Abu Dhabi has just released the following security message:
On December 1, a U.S. citizen was killed in a public restroom at a shopping mall on Reem Island in Abu Dhabi. The U.S. Embassy is working with all the appropriate authorities to seek further information. While there is no information available at this time about the nature of this crime, we use this opportunity to remind U.S. citizens of the following standing security guidance:
It is always advisable to keep your security and situational awareness levels high.
Please follow these good personal security practices:
Avoid large crowds or gatherings of unknown origin or circumstances when traveling in public;
Know where you are going and have a plan of what to do in the event you encounter demonstrations or violence;
Identify safe areas (for example police stations, hospitals) in your area and how to get to them quickly;
Tell co-workers or neighbors where you’re going and when you intend to return;
Minimize your profile while in public;
Always carry a cell phone and make sure you have emergency numbers pre-programmed into your phone such as the U.S. Embassy in Abu Dhabi (02-414-2200), and U.S. Consulate General in Dubai (04-309-4000). The emergency number for the Abu Dhabi Police, Fire, and Rescue is 999;
Be prepared to postpone or cancel activities for personal safety concerns;
Report concerns you may have to the U.S. Embassy in Abu Dhabi or the U.S. Consulate General in Dubai.
Abu Dhabi police released the following surveillance video that shows the suspect — wearing a traditional black robe, gloves and having a covered face. The UAE Police reportedly said an investigation is underway into “the cause of the fight and the suspect’s motive, identity and gender.”
Video via YouTube/Abu Dhabi Police:
The Abu Dhabi Police also released the following statement regarding this attack. Excerpt below:
Colonel Dr. Borshid also revealed that the Community Police began taking care of the victim’s 11-year-old twins, “The Community Police will be providing the children with shelter and other needs pending the arrival of their father (the victim’s ex-husband) from abroad. The father will be received by the Community Police, who will also cater to the needs of the victim’s family,” he said.
Colonel Dr. Rashid Mohammad Borshid condemned the hideous crime and expressed his profound regret for such an objectionable phenomenon that is alien to the Emirati society and its deep-rooted traditions. “The Abu Dhabi Police will spare no effort in order to unveil this heinous crime and bring the culprit to justice,” he stressed.
The Ministry of Interior urged the public to call 8002626 to provide any information related to the circumstances and details of the case that may help the investigation efforts.
An employee at the embassy may have given out more than 50 sham visas to people who falsely claimed they needed to enter the U.S. to attend an oil industry conference in Texas, according to unsealed papers in Brooklyn Federal Court. The feds learned the Yemeni citizens never went to the conference. It was not clear if the fraudulent visas were connected to terrorism. The feds have uncovered a breach of security inside the U.S. Embassy in Yemen that led to bogus visas being issued, the Daily News has learned.
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Via U.S. Consulate Amsterdam
If these visas were issued at the embassy, these are authentic visas, using real foils –issued under fraudulent reasons. What are the typical types of visa fraud? Below according to state.gov:
Presenting false documents to apply for a visa
Concealing facts that would disqualify one from getting a visa, like a criminal history in the alien’s home country
The sale, trafficking, or transfer of otherwise legitimate visas
Misrepresenting the reasons for requiring a visa
Counterfeiting, forgery, or alteration of a visa
We must also add, procurement of authentic visa by malfeasance — bribing a consular employee. For more on visa security, read Fred Burton’s Getting Back to the Basics here.
DSS Special Agent Bert Seay’s filed a court statement at the Eastern District of New York supporting probable cause to arrest one of those 50 individuals issued visas in Yemen:
In August 2014, DSS received information from the Department of Homeland Security, Office of the Inspector General (“DHS-OIG”) that DHS-OIG had received an anonymous tip that Yemeni national employees working in the non-immigrant visa unit of the U.S. Embassy in Sanaa, Yemen were helping other Yemeni nationals to fraudulently procure non—immigrant visas in exchange for money. Based on information provided by DHS-OIG, DSS identiﬁed one speciﬁc Yemeni employee at the U.S. Embassy who submitted over 50 suspicious Bl/B2 visa referrals for Yemeni citizens.
DSS identiﬁed the visa applications as suspicious because, in the applications, the Yemeni visa applicants purported to be employed by Yemeni oil companies and stated that their reason for traveling to the United States was to attend an oil industry conference called the “Offshore Technology Conference” in Houston, Texas. However, investigation by DSS determined that, in most instances, the Yemeni oil companies listed as employers on the visa applications were ﬁctitious and, further, that the visa applicants did not, in fact, attend the “Offshore Technology Conference” after traveling to the United States.
The DS agent statement includes a caveat that the “complaint is to set forth only those facts necessary to establish probable cause to arrest,” but does not include “all the relevant facts and circumstances.” The complaint also notes that “DSS identified one speciﬁc Yemeni employee at the U.S. Embassy who submitted over 50 suspicious Bl/B2 visa referrals for Yemeni citizens.”
The allegations involved Yemeni national employees,more than one. Suspicious cases involved over 50 visas, and law enforcement got one arrest. Alert is now broadcasted on all channels. So, how do you catch the Visa Malfeasance and Visa Fraudster Pokemons? It’s not like you can now pretend to send a local employee to FSI for training then arrest him or her upon arrival at Dulles like this or this.
Also, for non-State readers, here is what the regs say about visa referrals:
“A referral is a written request, maintained permanently, to advocate for, or otherwise assist, your contacts at post in the visa application process. Referrals are the only allowed mechanism to advocate for or assist visa applicants prior to visa adjudication.” (See 9 FAM, Appendix K, Exhibit I – pdf).
The news report actually gave us more questions than answers. Visa issuance is a specific responsibility of a Consular Officer; it cannot be issued by just any embassy official or any embassy employee. The processing and issuance process is now automated and requires specific login credentials; it’s not like anyone can just stamp a visa foil on a passport with a stamp pad.
And when did foreign national embassy employees started issuing visa referrals? Only qualified and approved individuals may make visa referrals. But here’s the thing – the regs are clear, to qualify as a visa referring officer you must:
(1) Be a U.S. citizen, direct hire, encumbering an NSDD-38 authorized position or serving in a long-term TDY role (of more than 121 days) in place of a permanently stationed direct hire who falls under Chief of Mission (COM) authority and encumbers an NSDD-38 position as defined by the Human Resources section at post;
(2) Attend a referral briefing with the consular section; and
(3) Submit a signed and dated Worldwide NIV Referral Policy Compliance Agreement to the consular section.
Not only that, the chief of section/agency head of the referring officer’s section or agency must approve each referral (and must attend the briefing and sign the compliance document in order to do so). In the absence of a section/agency head or acting head, the Principal Officer (PO) (if at a consulate), or Deputy Chief of Mission (DCM), or Ambassador must approve the referral.
So, how is it possible for a Yemeni employee in this case (who has not been identified publicly or charged), to submit 50 visa referrals is seriously perplexing.
The complaint identified one defendant as ABDULMALEK MUSLEH ABDULLAH ALZOBAIDI. He allegedly submitted a visa application dated March 8, 2014 presented to an in-person interview with “a Consular Officer at the U.S. Embassy in Sanaa,Yemen on April 14, 2014.” In his visa application, the defendant allegedly stated, among other things, that he was a “manager” of “Jaber Oil Company.” The defendant allegedly further provided the Consular Officer with a business card for Jaber Oil Company. The defendant also allegedly stated in his visa application that the purpose of his trip to the United States was to attend the “Offshore Technology Conference” in Houston, Texas for approximately 15 days.
According to court docs, in September 2014, DSS agents received information from the Yemeni Ministry of Commerce and Information conﬁrming that the Jaber Oil Company is not a registered or legitimate company in Yemen. That Houston conference is an annual event.
Since this individual has now been charged, he will have his day in a New York court but this brings up an even troubling scenario.
According to 2009 unclassified cable published by WikiLeaks, Yemen security conditions prevent the embassy’s Fraud Prevention Unit (FPU) from performing field investigations so post rely almost exclusively on telephone investigations to combat fraud. So, if there’s a universe with 50 suspicious cases, how many were investigated by FPU prior to visa issuance? This would have been a pretty standard practice in a high fraud post like Yemen.
In a 2010 inspection review of US Embassy Sana’a, OIG inspectors noted(pdf) that “Because of staffing limitations, Embassy Sanaa is not doing the required annual reviews of its visa referral system. This important internal control is mandated by 9 FAM Appendix K 105(d). Not regularly reviewing referrals deprives consular management of important information on the adjudication process and potentially improper behavior.”
That report, although old, also noted at that time that nonimmigrant visa processing is “a relatively small part of the post’s consular workload, and it is managed successfully by one part-time officer.”
Embassy Sana’a has suffered from staffing and security limitations for many years. We can’t imagine that the staffing situation at post has grown any better since that 2010 report. Has it?
And this makes one wonder — if Sanaa is under “ordered departure”and has limited staff, why do we insist on processing visas there? Embassy Sana’a did not respond to our inquiry on this case but says on its website that “requests for U.S. tourist and business visa appointments continues to grow.” Also that “Visa services are an important Embassy function, and the robust demand for tourist and business visas reflects the strong continuing relationship between Yemen and the United States.”
The continuing relationship is so strong that no one has been arrested for the multiple attacks of the U.S. mission in Yemen.
According to AQAP, it has targeted US interests in Yemen three times in the last 60 days alone: shelling of compound on September 27, targeting Ambassador Tueller with IEDs on November 6, and the detonation of two IEDs on post’s northern gate on November 27. The attack last week reportedly resulted in embassy guard death/s; this has not been mentioned, confirmed, or denied by the State Department. This news has not made it to the front pages, so you know they will try again.
Spox for #Yemen embassy in DC confirms shooting incident outside US embassy in Sana’a. Dips playing it down, but reports guard shot dead.
The U.S. Embassy in Mexico City recently released the following emergency message to U.S. citizens in the country:
This message is to inform U.S. citizens that protests and violent incidents continue in Guerrero state in response to the disappearance of 43 students there. Embassy personnel have been instructed to defer non-essential travel to Acapulco, by air or land, to include the federal toll road (“cuota”) 95D to/from Mexico City and Acapulco. Furthermore, road travel in all other parts of the state remains prohibited. Travel by air to and from Ixtapa/Zihuatanejo is still permitted. The Embassy cautions U.S. citizens to follow the same guidelines.
The Mexican Constitution prohibits political activities by foreigners; such actions may result in detention and/or deportation. Travelers should avoid political demonstrations and other activities that might be deemed political by the Mexican authorities. Even demonstrations intended to be peaceful can turn confrontational and escalate into violence. Demonstrators in Mexico may block traffic on roads, including major arteries, or take control of toll booths on highways. U.S. citizens are urged to avoid areas of demonstrations, and to exercise caution if in the vicinity of any protests.