A Perfect Case for OIG’s Office of Evaluations & Special Projects: How the Visa Waiver Sausage Gets Made

– Domani Spero

 

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?

Via the NYT:

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.

See the whole report here: Ecuador Family Wins Favors After Donations to Democrats. 

Pardon me? Ah, yes, the vomitorium is next door to the right, please don’t make a mess.

Continue reading

Holiday Greetings From American Embassies Around the World – 2014

– Domani Spero

 

Wishing all our readers a safe and wonderful Holiday Season with loved ones and friends and a new year of good health and happiness.  A special shoutout to our men and women in unaccompanied foreign service assignments who will not be spending the holidays with their loved ones.  Tennessee Williams writes  that “time is the longest distance between two places.” May you bridge that distance soon. A few holiday greetings from our diplomatic posts in Poland, Norway, Austria, Thailand, Croatia, and Indonesia.

 

U.S. Embassy Warsaw, Poland

Diplomats at the U.S. Embassy in Warsaw and Consulate General in Krakow await the arrival of Santa Claus…but will they receive presents or rózga from Santa’s elves this year? According to Polish legend, naughty children receive rózga – twigs – from Santa. A note from the embassy says that no personnel were injured in the filming of this video, although they did help a colleague find a local tailor – watch the bloopers! Video is currently on FB and has not been posted on the embassy’s YouTube channel, but it’s online courtesy of YouTube user Interpol 1923.  Three years in a row for awesomeness! Click the links for the previous videos in 2013, and 2012.

 

U.S. Embassy Oslo, Norway

Vi mimer julen inn og ønsker hele Norge god jul og godt nytt år! Happy holidays from the U.S. Embassy in Oslo! Del gjerne videre!

 

U.S. Embassy Vienna, Austria

 

U.S. Embassy Bangkok, Thailand

The U.S. Embassy in Thailand counting down to the New Year with its own version of a popular holiday song. Happy New Year everyone and Sawadii Pii Mai!

 

US Embassy Zagreb, Croatia

Year in Review 2014! Želimo vam sretan Božić i sve najbolje u novoj godini….

 

U.S. Consulate General Surabaya, Indonesia

Konjen AS di Surabaya mengucapkan selamat Hari Natal dan Tahun Baru 2015. Happy Holidays!

 

US Embassy Manila, Philippines

U.S. Consulate General Mumbai, India

U.S. Embassy Baku, Azerbaijan

* * *

‘Foreign Service Problems’ Gets a Tumblr — 48 Pages of Hilariousness, Laugh or Else!

– Domani Spero


“The best way to treat obstacles is to use them as stepping-stones. Laugh at them, tread on them, and let them lead you to something better.” 

― Enid BlytonMr Galliano’s Circus

 

The Tumblr for Foreign Service Problems has been around for many months now. Sometime this past spring it also joined Twitter. Yes, it is hysterical and absolutely spot on. Below are some of our favorite entries to delight your day. Unless, the Foreign Service has also ruined your sense of humor, in which case, we pray you get it back — fast! or that could quickly be a future entry.  With permission from @FS_Problems:

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_______________

When someone mistakes you for being the Ambassador’s personal household help rather than a Foreign Service Officer or Specialist

— FS Problems (@FS_Problems) December 15, 2014

FSprob_butler

_______________

When you’re finally somewhere where you don’t have to soak your vegetables in bleach before eating them.

— FS Problems (@FS_Problems) July 13, 2014

FSprob_veges

_______________

When you hear someone complain that their free housing that has more bedrooms than they have family members and is in an expensive city, isn’t big enough.

— FS Problems (@FS_Problems) August 1, 2014

FSprobhousing

 

_______________

When someone asks GSO, who has no control over the furniture contract, why the Drexel Heritage furniture is so ugly…AGAIN.

— FS Problems (@FS_Problems) May 22, 2014 (Note: GSO for General Services Office)

FSprob-furniture

_______________

When someone is rude to an FS spouse at a reception because the spouse “isn’t important enough.”

— FS Problems (@FS_Problems) May 18, 2014

FSprob_spouse

_______________

What posts say about life at post and the job when they’re trying to lure bidders into accepting a handshake.

— FS Problems (@FS_Problems) October 27, 2014

FSprob_bidding

_______________

When the ELO you’re supervising complains about having to do a visa tour in a visa waiver country when you served at a visa mill before applications were electronic.

— FS Problems (@FS_Problems) December 14, 2014 (Note: ELO for entry level officer)

FSprob_elos

_______________

When you see incompetent people on the promotion list, while excellent people get passed over for promotion.

— FS Problems (@FS_Problems) October 2, 2014

FSprob_promotion

_______________

What you do when your boss is looking for someone to work the Shopdel coming to post over Christmas.

— FS Problems (@FS_Problems) December 5, 2014 (Note: Shopdel, a variation of a CODEL, that is, a congressional delegation mainly for shopping).

FSprob_shopdel

_______________

When someone at home assumes you can get away with anything since you have diplomatic immunity.

— FS Problems (@FS_Problems) November 8, 2014

FSprob_immunity

 _______________

When a family member back home insists that you must be a spy, because who ever heard of the Foreign Service anyway?

— FS Problems (@FS_Problems) August 20, 2014

FSprob_spy

 _______________

When you watch Madam Secretary and can’t stand the inaccuracies.

— FS Problems (@FS_Problems) November 3, 2014

FSprob_madam

_______________

When you think you might disagree with an official policy.

— FS Problems (@FS_Problems) September 22, 2014

FSprob_policy

_______________

Foreign Service truth that they don’t tell you in orientation.

— FS Problems (@FS_Problems) June 13, 2014

FSprob_truth

_______________

When things are going to hell in a handbasket at post but Washington refuses to acknowledge anything’s wrong.

— FS Problems (@FS_Problems) October 21, 2014

FSprob_nothingtosee

_______________

What post management says when you’re put in charge of the 4th of July party and given a piddly budget.

— FS Problems (@FS_Problems) October 9, 2014

FSprob_4july

_______________

When you know that you won’t be promoted before you TIS/TIC out and just don’t care any more.

— FS Problems (@FS_Problems) August 22, 2014 (Note: TIS for time-in- service, time in a combination of salary classes, computed from date of entry into the Foreign Service;  TIC for time-in-class, time in a single salary class).

FSprob_tis

_______________

And oh, look, we made it there, too…

That’s really sweet.  Thanks @FS_Problems! Stay sharp.

 * * *

 

 

 

 

Stocking Stuffers: Are you making a list, and checking it twice?

– Domani Spero

 

The Demilitarization of American Diplomacy: Two Cheers for Striped Pants
by Laurence Pope

The author’s retired friend from the Foreign Service emailed to say that he has been approached about running a very major embassy, yet again and Ambassador Pope asks what we’ve all been thinking, “What would we say if over and over the Navy couldn’t find an admiral on active duty to run a carrier battle group?”

Laurence Pope is a retired American diplomat who lives in Portland, Maine. He is the author of several books, including François de Callieres: A Political Life (2010), a biography of the first proponent of professional diplomacy. He was previously  the U.S. Ambassador to Chad from 1993 to 1996 and was the US Chargé d’Affaires to Libya following the Benghazi attack.  The author said in an interview with PDC that “At the State Department history is just one damn thing after another.  Its culture is profoundly hostile to ideas and theory, remarkable for such a smart group of people.  (That is why nobody has read the QDDR —my book takes it apart so you won’t have to.)“The QDDR is 242 pages long, this is shorter!

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Career Diplomacy: Life and Work in the US Foreign Service, Second Edition
by Harry Kopp

An insider’s guide that examines the foreign service as an institution, a profession, and a career, written by an FSO with a long and distinguished career in the U.S. Foreign Service. The second edition published in 2011 addresses major changes that have occurred since 2007: the controversial effort to build an expeditionary foreign service to lead the work of stabilization and reconstruction in fragile states; deepening cooperation with the U.S. military and the changing role of the service in Iraq and Afghanistan; and the growing integration of USAID’s budget and mission with those of the Department of State. We’ve previously written about this author here: Career Diplomacy | Life and Work in the Foreign Service, 2nd Edition – Now OutForeign Service, Civil Service: How We Got to Where We Are (via FSJ).

Screen Shot 2014-12-20 at 10.31.38 AM

 

Seriously Not All Right: Five Wars in Ten Years
by Ron Capps

We have previously blogged about the author here (see Call in the Civilians. Pray Tell, From Where?!Ron Capps | Back From The Brink: War, Suicide, And PTSD).

Seriously Not All Right is a memoir that provides a unique perspective of a professional military officer and diplomat who suffered (and continues to suffer) from PTSD. One FSO writes that this book should be required reading for everyone in A100, the orientation training course for all diplomats when they first begin their careers.

capps

 

The Diplomat’s Dictionary
by Chas Freeman, Jr.

On the caution of diplomats: “The training and life of a foreign service officer are not apt to produce men well fitted for the task [of innovating policy]…The bureaucratic routine through which foreign service officers must go produces capable men, knowledgeable about specific parts of the world, and excellent diplomatic operators. But it makes men cautious rather than imaginative.” (Dean Acheson, p.84).

The Diplomat’s Dictionary is an entertaining and informative collection, with lots of gems — from career diplomat Chas Freeman ( I don’t leave home without it). The 2010 expanded second edition contains 476 new entries, including definitions for selected up-to-date terminology and hundreds of additional quotations from across cultures and centuries. Chas. W. Freeman, Jr., has been a career officer in the U.S. Foreign Service, ambassador to Saudi Arabia during the Persian Gulf War, and assistant secretary of defense for international security affairs. He was a fellow at the United States Institute of Peace in 1994-95 and is also the author of Arts of Power: Statecraft and Diplomacy (USIP Press). We previously blogged about Ambassador Freeman here, see Ambassador Freeman on American statecraft — It’s hard to think of anything that has gone right.Protecting Diplomats Post-Embassy Attacks: More Fortresses or Rethinking Fortresses?Who’s Gonna be Kicked Around Next?).

 

 

The State Department: More Than Just Diplomacy
(The Personalities, Turf Battles, Dangers Zones For Diplomats, Exotic Datelines, Miscast Appointments, the Laughs — and Sadly, the Occasional Homicide) by George Gedda

This is a book by an AP reporter who covered the State Department for about 40 years and travelled with nine secretary of state to more than 80 countries. Bound to have lots of interesting stories and quips like “He’s the only guy I know who can strut while sitting down.” Bwa-ha-ha! Or when the then Cuba desk officer meet Fidel Castro. He asked if she was there as a spouse of a member of the American delegation, and she replied, “I’m head of Cuban Affairs.”  “Oh,” said Castro. “I thought I was.” The book has a people’s index so you can start there!

gedda

 

Realities of Foreign Service Life, Volume 1 & 2
by Patricia Linderman (Author), Melissa Brayer Hess (Author), Marlene Monfiletto Nice (Author)

It has been said that the Foreign Service is more than a profession; it is a way of life. As much as it is fulfilling to most people I know and a grand adventure to all, it is not for everyone. And if you have a spouse or a partner interested in pursuing his/her career, consideration on the trade offs you both are willing to make or what you are willing to give up must make for serious conversation. Here are a couple of books that anyone considering a career in the Foreign Service should read. The Realities books are published by the Associates of the American Foreign Service Worldwide (AAFSW) a non-profit organization that represents Foreign Service spouses, employees and retirees. The AAFSW volunteers have been around forever, supporting multiple evacuations and assisting members of the Foreign Service community. Its tireless volunteers even supported somebody we know who was not a paying member of the group.

realities_aafws

 

Pomegranate Peace [Kindle Edition]
by 
Rashmee Roshan Lall

Rashmee Roshan Lall was The Times of India’s Foreign Editor based in London, reporting on Europe.  Till June 2011, she was editor of The Sunday Times of India. An EFM, she spent a year in Kabul, Afghanistan, working for the US Embassy’s Public Affairs Section and six months in Washington,D.C., reporting on the 2012 American presidential election. Rashmee currently works for a paper in the Middle East. This book is kind of We Meant Well,Also in Afghanistan, except it’s fiction. The protagonist’s boss quotes from Alice in Wonderland: ‘We’re all mad here. I’m mad. You’re mad. You must be or you wouldn’t have come here.’ And there’s Little Sam, “the Haiku poet laureate on the frontline of a war no one could properly explain any longer.” In the novel, Little Sam could churn out fourteen syllables for every mission objective, every ambassadorial platitude – Rule of Law; Transparency and Accountability in Government;etcetera, etcetera. Here’s one.

It’s war, but we spend like peacetime
Blood, treasure,
Strewn. Yours, mine.

The protagonist in the story, who is a former journalist manages a  Pomegranate Grant, which had been previously approved with the following rationale: ‘Pomegranate production can sustain the Afghan economy. This Afghan-led grant proposal will persuade farmers in the highly kinetic Kandahar area to change from the habit of poppy production.’ “The grantee,” the author writes, “lived in Canada all his life and seemed unwilling to change his address of record.” Jeez, that sounds familiar, doesn’t it?

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The Foreign Circus: Why Foreign Policy Should Not Be Left in the Hands of Diplomats, Spies and Political Hacks [Kindle Edition] by James Bruno

Via Amazon: An ambassador orders his staff into the lawless interior of a civil war-torn country as guerrillas are targeting foreigners for assassination. Hundreds of millions of dollars of U.S.-bought weaponry are channeled to Afghan religious fanatics, the future Taliban. White House players leak classified information to the media, then blame the leaks on career civil servants. Diplomats succumb to the temptations of exotic overseas sexual playgrounds. Political hacks and campaign money bundlers are rewarded with ambassadorships in a diplomatic spoils system that hearkens back to the Robber Baron age. Computer nerds Edward Snowden and Bradley Manning steal a veritable Croesus of sensitive national security information and give it away free to our adversaries.  What’s wrong with this picture? Everything.

We previously blogged about the author here: Ex-Diplomat With Zero Acting Experience Wants to Join Cast of The Bold and the Beautiful. James Bruno is also the author of  Havana Queen, Tribe, Chasm and Permanent Interests.

Screen Shot 2014-12-20 at 11.02.38 AM

* * *

 

 

 

 

 

 

US Embassy Manila on Anikow Murder: Nobody “served a day for that brutal crime.”

– Domani Spero

 

In November 2012, we blogged about the murder of a spouse of a U.S. diplomat assigned to the US embassy in the Philippines (see US Embassy Manila: George Anikow, Diplomatic Spouse Killed in Early Morning Altercation; and George Anikow Murder: “A Macho Against Macho Issue” Says Philippine Police).

In an interview last week with Philippine media, Ambassador Philip Goldberg expressed disappointment over the disposition of the murder case:

In an interview with ANC, Goldberg said nobody “served a day for that brutal crime.”  The diplomat is referring to the murder of US Marine Major George Anikow’s killing on November 24, 2012 at a security checkpoint in Bel-Air. The incident was partly captured in a security camera. Charged were Juan Alfonso Abastillas, Osric Cabrera, Galicano Datu III, and Crispin de la Paz.

Goldberg noted only two suspects were convicted of homicide “but were given probation” by the trial court. The two others got scot free from any charges. […] He said it’s been hard explaining to the family as to “why this happened in a case of very brutal murder.”

The Philippine Justice Department had reportedly filed murder charges previously against the four suspects who, according to reports, come from well-to-do families — Juan Alfonso Abastillas, 24; Crispin dela Paz, 28; Osric Cabrera, 27; and Galicano Datu III, 22.

News report from the Philippines indicate that the victim’s sister, Mary Anikow and his 77 year-old mother traveled to Manila to observed the trial in 2013.  “The United States is not perfect; everyone knows this. But most people generally don’t get away with murder,” Ms Anikow said.

Ambassador Goldberg in the ANC interview said that the Philippine Department of Justice promised the embassy there could be something done with regard to the probation. “But it has been appealed once, and it was denied. So it looks like it’s the end of the road,” he said.

‘Well-to-do kids accused in murder of American diplomat’s husband get visas to study in the United States’ — please, can we at least make sure we don’t end up with a headline like that?

* * *

 

 

 

 

USCG Istanbul Charles Hunter Finds Love in Turkey — Tebrikler!

– Domani Spero

 

The news that our top diplomat in Istanbul is set to marry his Turkish boyfriend in Wisconsin have been making the rounds in Turkish media.

“As my family, friends and many colleagues know, I am gay. I have been open about that fact for several decades and view sexual orientation as both a private matter and merely one factor contributing to each individual’s uniqueness. I look forward to continuing to represent my country and its values, including tolerance and diversity, throughout my assignment in Turkey,” Hunter told the Hürriyet Daily News on Dec. 12 after reports in the Turkish media. via 

The Wisconsin Gazette has also covered the news about his impending marriage to Turkish musician Ramadan Çaysever. Same-sex marriage became legal in Wisconsin this past October.

Congratulations and best wishes!

* * *

The Buck Stops Where? Ambassador Files Grievance Over an OIG Evaluation Report

– Domani Spero

 

The following is a Foreign Service Grievance Board case (all names redacted) where an ambassador filed a grievance over a State/OIG Inspector’s Evaluation Report (IER). The Board held that the IER be expunged from the ambassador’s personnel file.

Now, you see why State/OIG stopped doing the Inspector’s Evaluation Reports? We don’t like the fact that OIG no longer issues IERs but we can now understand in real terms why.

This is why. Where does the buck stops?

The President sends a Letter of Instruction to all Chiefs of Mission appointed by the President, and the contents of each letter differs according to whether the COM has a bilateral/country or international organization portfolio. The President’s Letter basically gives a COM full responsibility for the direction, coordination, and supervision of all U.S. Government executive branch employees within the host country or in the relevant Mission to an international organization, except those personnel under the command of a U.S. geographic area military commander or on the staff of an international organization.

We’re shocked it has not been argued yet that ambassadors must first have prior counseling from the President of the United States regarding their performance prior to the issuance of an OIG Inspector’s Evaluation Report. Not that it matters now, since State/OIG has ended the practice of issuing IERs.

Via FSGB Case No. 2013-028

Grievant, a former Ambassador to REDACTED, appealed the Department’s denial of her 2013 grievance, claiming that an IER prepared in November 2011 focused primarily on the performance of her DCM and contained several “inaccurate statements.” Grievant claimed that inclusion of the IER in her OPF was prejudicial because she had not received counseling on the areas of her performance that were criticized in the report. After soliciting feedback from post personnel, the Department expunged portions of two statements in the IER, but otherwise found the remainder to be an accurate reflection of grievant’s performance, as corroborated by numerous statements from identified Mission employees.

The Board determined that grievant was not counseled on matters that were negatively discussed in the IER, nor was she given an opportunity to improve performance problems raised in the report. The Board concluded that regardless of the purpose for the IER, grievant was entitled to be counseled and provided a reasonable opportunity to improve before she could properly be critiqued on performance deficiencies in an IER. The Board held further that grievant met her burden of proving that she was unaware of the shortcomings mentioned in the IER; she had no reason to become aware of these deficiencies; and, therefore, that counseling could not be excused as harmless error. The Board further found that the IER contained a significant number of inadmissible comments about the performance of the DCM, an identified other employee, and was, therefore, written in violation of applicable regulations that govern the preparation of evaluation reports. The Board concluded that the IER is invalid and ordered it removed from grievant’s OPF.

The Foreign Service Grievance Board decision:

HELD: The Department committed a procedural error by placing in grievant’s Official Personnel File (OPF) a prejudicial Inspector’s Evaluation Report (IER) that included inadmissible comments about another identified employee, in violation of agency regulations, and without first counseling grievant on certain performance issues mentioned in the IER, or giving her an opportunity to improve her performance. The IER was ordered expunged from grievant’s OPF in its entirety.

There are clips included in the Report of Proceeding:

“I do believe Ambassador REDACTED was aware that DCM REDACTED activities were exacerbating the rift between the front office and the rest of the mission, but I believe it was a type of willful unawareness, perhaps delusional. . . . If [the Ambassador] was not aware or not willing to admit that this rift existed, she was deluding herself. . . . [In All Hands meetings] . . . to the Ambassador, this kumbaya session was clear evidence that she had her finger on the pulse of the mission. It was a charade, but no one could tell the emperor that he had no clothes.”

Grievant submitted the following statements from post employees:

- “I think she didn’t realize the impact the DCM was causing till [sic] the OIG arrived. . . .”

- “I don’t know if she recognized the seriousness of the problems or not. . . . I don’t know if the Ambassador was aware of them or not.”

- “I believe that Ambassador did not fully recognize the seriousness of problems at Embassy If she had recognized the seriousness of the problems, I believe that she would have addressed them in the beginning and not let things get so out of hand.”

The OIG inspection team leader wrote:

REDACTED showed little awareness of the significant impact on morale cause by front office management practices and actions. She was not aware of the extent of negative sentiment concerning front office communications, nor the depth of employee resentment of the intrusive and imperious management style of the DCM. Although scheduled and conducted numerous regular meetings with employees, staff members told inspectors they volunteered little real feedback to the front office, fearing the reaction and the subsequent damage to their careers.

The best part of this decision is this:

What remains are grievant’s claims that the IER improperly focused on the performance of the DCM and a claim that she had a right to counseling prior to inclusion of negative statements in her IER. As to her complaint about the focus of the IER, grievant points out that although the report was meant to address her management and leadership skills, it is largely directed at the DCM’s behavior and contains several comments that did not pertain at all to her performance. We find that what was at issue in the inspection was grievant’s alleged lack of awareness of, and inattentiveness to, the negative effect on post morale that was purportedly caused by the behavior of her subordinates. Because the concern was how well or poorly grievant was performing as Chief of Mission, we find that the IER should have focused on grievant’s performance vis-à-vis her detection and management of post problems caused by a subordinate.
[…]
We think the rule of fundamental fairness applies equally when the performance of an Ambassador is evaluated in an IER, as when an untenured officer receives his first EER. We conclude that “[c]riticisms included in the final [evaluation report] should not come as a surprise to [any] rated employee.” Accordingly, because we see no difference between the impact of performance criticisms in an EER and an IER on an employee’s career opportunities, we conclude that any employee whose work performance is evaluated in an IER, as in an EER, has a right to be notified and counseled about any perceived deficiencies and given a reasonable opportunity to improve before those deficiencies may be included in either evaluative document.

The parties do not contest that grievant received no counseling about any of the criticisms about her performance that were stated in the IER at issue. Grievant presented evidence that shortly before the OIG began its inspection at post in November 2011, the DAS from the regional bureau (and the Office Director visited and met with Mission employees in October. It is unclear whether these individuals received the same information as the OIG team, but grievant reports that neither of them counseled her on any of the matters later identified as performance weaknesses by the OIG team. If grievant’s superiors were made aware of any shortcomings in her work performance, then they should have, but did not, counsel her about them. If they were unaware of any performance deficiencies, then the Department must concede that grievant’s superiors could not, and did not, counsel her. In the absence of counseling, grievant did not have the opportunity to try to improve.

The Department argues that grievant was not entitled to be counseled on matters about which her supervisors were not aware. We do not agree. The fundamental fairness of a performance evaluation hinges on the provision of notice to the rated employee of his or her deficiencies, coupled with a reasonable period in which the employee can make efforts to improve. If a supervisor is unaware of the deficiencies, it is true that he or she cannot counsel the employee, but, it follows, then, that, unless the employee was independently aware of performance deficiencies, he or she ought not be negatively evaluated on those deficiencies of which neither the employee nor the supervisor were aware.

The Department also asserts that even in the absence of counseling, the criticisms contained in grievant’s IER should not have come as a surprise to her because she should have known of the morale problems existing at post. In support of this assertion, the Department provides numerous statements from Mission employees expressing their beliefs that grievant was aware of the problems raised in the IER, but failed to manage them. Grievant responds that not only did her supervisors not tell her of the employees’ complaints, but the employees themselves did not inform her. She speculates that “[i]n hindsight, I recognize that the DCM may have been shielding and insulating me from staff dissatisfaction.” She also cites a number of employees who stated that they did not think she was aware of how the DCM was behaving or how it was undermining morale.

Bureaucratic high drama,very instructive, read it below:

 

 

 

 

 

 

Senate Confirmations: Jess Baily, Robert Cekuta, Margaret Uyehara, Richard Mills Jr., Frank Rose and More

– Domani Spero

 

The following nominees for the State Department were confirmed on December 16, 2014:

  • PN1840 *      Macedonia
    Jess Lippincott Baily, of Ohio, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of  the United States of America to the Republic of Macedonia.
  • PN1842 *      Azerbaijan
    Robert Francis Cekuta, of New York, a Career Member of the Senior Foreign Service,  Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of  the United States of America to the Republic of Azerbaijan.
  • PN1847 *      Montenegro
    Margaret Ann Uyehara, of Ohio, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Montenegro.
  • PN1852 *      Armenia
    Richard M. Mills, Jr., of Texas, 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 Armenia.
  • PN1099 *      State  Department (Verification and Compliance).
    Frank A. Rose, of Massachusetts, to be an Assistant Secretary of State (Verification and Compliance).

The U.S. Senate also confirmed the nominations of Paige Eve Alexander, of Virginia, to be an Assistant Administrator of USAID, and Jonathan Nicholas Stivers, of the District of Columbia, to be an Assistant Administrator of USAID. It also confirmed Karen Kornbluh, of New York, to be a Member of the Broadcasting Board of Governors (BBG) for a term expiring August 13, 2016.

On December 15, the U.S. Senate confirmed the following nominees:

PN1377-3      FOREIGN SERVICE| Nomination for Sharon Lee Cromer, which nomination was received by the Senate and appeared in the Congressional Record on January 30, 2014.

PN1567        FOREIGN SERVICE| Nominations beginning Michael A. Lally, and ending John E. Simmons, which 4 nominations were received by the Senate and appeared in the Congressional Record on April 10, 2014.

PN1568        FOREIGN SERVICE| Nominations beginning Andrew J. Billard, and ending Brenda Vanhorn, which 11 nominations were received by the Senate and appeared in the Congressional Record on April 10, 2014.

PN1569        FOREIGN SERVICE| Nominations beginning Melinda Masonis, and ending Jeffrey R. Zihlman, which 456 nominations were received by the Senate and appeared in the Congressional Record| on April 10, 2014.

PN2137        FOREIGN SERVICE| Nomination for James D. Lindley, which nomination was received by the Senate and appeared in the Congressional Record on November 13, 2014.

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U.S. Interests Section Havana Needs a New Embassy Seal ASAP, Senators Fume About Security

– Domani Spero

 

I’ve instructed Secretary Kerry to immediately begin discussions with Cuba to reestablish diplomatic relations that have been severed since January of 1961.  Going forward, the United States will reestablish an embassy in Havana, and high-ranking officials will visit Cuba.

President Barack H. Obama, December 17, 2014

 

It did not take long. Really.

According to BuzzFeed, two Republican senators have already threatened to block congressional funding for a future U.S. Embassy in Cuba and an ambassadorial nomination after the Obama administration announced sweeping changes to U.S. policy toward Cuba.

“I anticipate we’re going to have a very interesting couple of years discussing how you’re going to get an ambassador nominated and how you’ll get an embassy funded,” Rubio, an ardent opponent of lifting the Cuban embargo, said.

 

 

Sorry about this, you may have to cover your eyes!

 

Here’s a crib sheet for our elected reps:

The U.S. Interests Section (USINT) is in the former United States Embassy building that was built by Harrison Abramovitz architects and opened in 1953. The 6-story building was reopened in 1977, renovations were completed in 1997.

The functions of USINT are similar to those of any U.S. government presence abroad: Consular Services, a Political and Economic Section, a Public Diplomacy Program, and Refugee Processing unique to Cuba.

The objectives of USINT in Cuba are for rule of law, individual human rights and open economic and communication systems.

Bilateral relations are based upon the Migration Accords designed to promote safe, legal and orderly migration, the Interests Section Agreement, and efforts to reduce global threats from crime and narcotics.

 

Our de facto embassy has a staff of 51 Americans. Its total funding excluding salaries for FY2013 was $13,119,451, appropriated by Congress, of course. Our U.S. Congress.

Ambassador Jeffrey DeLaurentis, a career member of the Senior Foreign Service, is the Chief of Mission at the U.S. Interests Section in Havana.  Prior to taking up this position in August 2014, Ambassador DeLaurentis served for three years as the Alternate Representative for Special Political Affairs at the U.S. Mission to the United Nations.  Prior to that posting, he was Deputy Assistant Secretary of State for the Bureau of Western Hemisphere Affairs.

There’s more via State/OIG’s 2014 inspection report of USINT Havana:

USINT is located in a U.S. Government-owned building constructed in 1951 as a chancery and substantially renovated in the early 1990s. The land was first leased from the Cuban Government in 1949 for a 90-year term with a 90-year extension. In exchange, the U.S. Government leased three residences (in Havana, Matanzas, and Santiago) to the Cuban Government, also for 90 years.

The Department constructed and first occupied the U.S. Government-owned COM residence in 1942. The original eagle from the monument to the victims of the battleship Maine, which was toppled following the Bay of Pigs invasion, adorns the grounds. Representational, family, and guest spaces are well appointed. The residence is well maintained and furnished [….]

Short-term-leased properties in Havana include an annex, which houses Department of Homeland Security and the Bureau of Population, Refugees, And Migration, a warehouse, the DCM residence, a two-house Marine detachment compound, and residential housing for all other USINT American staff. These properties are all covered under an umbrella lease agreement with PALCO.

A special note, dedicated to our elected representatives who made lots of noise about security and protecting our diplomats overseas in the aftermath of Benghazi — the State Department Inspector General recommended that the Bureau of Overseas Building Operations “implement a comprehensive plan to address security, structural, fire safety, and space planning deficiencies” at the U.S. Interests Section Havana…” 

We’d like to know that these congressional concerns extend to our diplomats who have been serving in Havana for years under our de facto embassy.

 

Related posts:

U.S.Embassies Face Host Country Harassment:  From Petty Actions to Poisoning of Family Pets

 

 

 

 

 

Twitter Is a Cocktail Party, Not a Press Conference – But What Happened to 3 FAM 4170?

– Domani Spero

 

 Updated 12/16/14 at 9:45 pm: We understand from the “R” shop that 3 FAM 4170 is in clearance now and something about “third time’s a charm!” What’s that about?

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The December issue of the Foreign Service Journal includes a Speaking Out piece by FSO Wren Elhai, Twitter Is a Cocktail Party, Not a Press Conference (or, Social Media for Reporting Officers). The author is currently serving in the political-economic section of Consulate General Karachi. Prior to joining the State Department, he worked at the Center for Global Development, a D.C.-based think-tank, as a policy analyst where he also ran the Center’s Twitter and Facebook pages. Excerpt below:

Current Foreign Affairs Manual regulations require any State Department employee posting anything to a social media site that relates to a matter “of official concern” to go through the same clearance process that would govern a media appearance or a published op-ed.

This is a shockingly vague rule, one that I have been told in training covers even posting quotes from official State Department statements or links to articles that support U.S. policy. It is a rule so vague that any diplomat with a Facebook account will confirm that nearly every one of us violates it on a daily basis.

If you think of Twitter as the digital equivalent of a newspaper, then it makes sense to try to maintain control over what diplomats say there. However, if Twitter is a digital cocktail party, that’s an untenable position. No one would even consider asking diplomats to pre-clear everything they say to people they meet at public events—let alone to seek press office clearance before starting a conversation with a potential contact.

We are paid to know U.S. foreign policy, to present and defend our positions, and to not embarrass ourselves when we open our mouths in public. We are trusted to speak tactfully and to know what topics are best discussed in other settings.

Our policy should treat our interactions online and in the real world on an even footing. Yes, there will be rare occasions when diplomats speak undiplomatically and, just as when this happens in the real world, those diplomats should face consequences.

But just as we don’t limit ourselves to talking about the weather at receptions, we should be able to present U.S. policy and engage with contacts online. To meet people, we need to show up for the party.

Read in full via FSJ here.

On the topic of consequences, Sir James Bevan KCMG, UK High Commissioner to India recently gave a speech to a group of journalists that’s related to this, particularly on how one might be a bit boring on Twitter, and for good reasons:

And we diplomats sometimes have to behave a bit differently from you journalists, or at least have to pretend that we do. There are things which you can do and say which we diplomats cannot, lest we provide you with copy that is good for you but bad for us. 

Some of you have said that my Twitter account @HCJamesBevan is a little bit boring. There’s a reason for that: I like my job and I want to keep it. For a diplomat, being too interesting on Twitter is the quickest way to get sacked. I like India and I want to stay here.

 

Back to the article, the author of the FSJ piece has cited 5 FAM 790 Using Social Media (pdf) on his article, the guidance first issued in June 2010. You might, however, want to check out 3 FAM 4172.1-3 (pdf) Review of Materials Prepared in an Employee’s Private Capacity, which includes matters of “official concern.”  It does look like 3 FAM 4170, the regs for Official Clearance of Speaking, Writing, and Teaching (pdf) has not been updated since 2009, but right now, that’s the official rules.

This past June, AFSA told its members that for more than a year it has been negotiating a revision to the current Foreign Affairs Manual regulations governing public speaking and writing (3 FAM 4170).

“As mentioned in our 2013 Annual Report, our focus has been to accommodate the rise of social media and protect the employee’s ability to publish. We have emphasized the importance of a State Department response to clearance requests within a defined period of time (30 days or less). For those items requiring interagency review, our goal is to increase transparency, communication and oversight.  We look forward to finalizing the negotiations on the FAM chapter soon—stay tuned for its release.”

This long awaited update to 3 FAM 4170 has been in draft mode since 2012 (see State Dept to Rewrite Media Engagement Rules for Employees in Wake of Van Buren Affair. Also check out a related piece we did in February 2013 (see Social Media Schizophrenia Continues on Background, and Oh, Stuff That Loophole, Ey?).

Hey, is it true that 3 FAM 4172.1-7  also known as the Peter Van Buren clause is nowhere to be found in the new version?

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