US Embassy Budapest Issues Alert on Railway Station, Silent on Refugee/Migration Crisis on Doorstep

Posted: 6:37 pm EDT

 

The UNCHR in Budapest, Hungary writes that — an angry confrontation between police and refugees on a blocked train just outside Budapest; a makeshift camp of stranded Syrians, Afghans and others at the capital’s main railway station; more than 2,000 refugees crossing into the country from Serbia each day the contours of Europe’s refugee and migration crisis are growing and shifting.  It describes the concourse in front of the main Keleti train station in Budapest as resembling a sad, makeshift campsite. “More than 2,000 people slept there overnight, a few in small tents, some with blankets and air mattresses, many on the cement floor covered in nothing but their clothes.”
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On September 3, the U.S. Embassy in Hungary issued an alert concerning the migrants at the the Keleti Railway Station. This is about the only statement we could locate concerning the refugee crisis in its host country:

The U.S. Embassy advises all U.S. citizens in Hungary to be alert when traveling through the Keleti Railway Station (Palyaudvar).  Increasing numbers of migrants in and around the station have resulted in large crowds in public spaces.  Although these crowds have occasionally confronted police, demonstrations have been peaceful, and the presence of migrants has not led to a rise in crime, violent or otherwise.  However, even demonstrations intended to be peaceful can turn confrontational and escalate into violence.  You should avoid areas of demonstrations, and exercise caution if in the vicinity of any large gatherings, protests, or demonstrations. Rail passengers should be prepared to show their passports to be admitted to the trains and platforms.  Rail traffic to and from the station has been subject to significant delays.  In some cases, departures have been cancelled.

On the same day when Hungary was accused of inhumane treatment of refugees, Embassy Budapest tweeted this:

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A couple of weeks earlier, the U.S. Ambassador to Hungary Colleen Bell toured Hungary’s majestic caves:

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An FB commenter writes to Embassy Budapest:

Ambassador Bell, by not speaking against Hungary’s regressive and inhuman actions on refugees you are proving all the charges that you are an ineffective diplomat and mere window dressing. Perhaps you should join Donald Trump’s campaign. Hungary needs to become the great country she could be, not revert to her infamous policies of the 20th Century.

Two days ago, this photo shocked the world:

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On September 3, the State Department spox tweeted this:

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The latest from Embassy Budapest today is learning more about programs that support the conservation of culture, urging,  “Follow !”

On Facebook, there is a ‪#‎USAfridayQUIZ‬.

That’s all.

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US Embassy Tajikistan: Orders Shelter in Place and Temporary Closure

Posted: 5:38 pm EDT

 

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US Consulate Adana Now on Authorized Departure, Plus New Turkey Travel Warning

Posted: 11:45 am PDT

 

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On September 2, the U.S. Ambassador to Turkey John Bass was on CNN Turk TV talking about the coalition effort against ISIL:

“We have seen in the last week, Turkey start to fly combat missions against DAESH in Syria as part of the coalition effort; that’s a really important step forward.  And we are already benefiting not only from Turkey’s active participation, but also from the ability to base U.S. and potentially other coalition aircraft and assets in Turkey which greatly reduces the time for those assets to reach targets in Syria, and therefore increases the capability of the coalition to pursue this military campaign.”

Map from travel.state.gov

Map from travel.state.gov

The American Consulate Adana is a very small post located less than 5 kilometers from Incirlik Air Force Base, a Turkish air base and hosts of the US 39th Air Base Wing.  The previous time Adana was placed on “authorized departure” order was in September 2013 (see US Embassy Beirut and US Consulate Adana (Turkey) Now on Departure Orders for Non-Emergency Staff and Family Members). That, too, was done “out of an abundance of caution.”

The State Department has now released its Travel Warning on Turkey dated September 3:

The Department of State warns U.S. citizens traveling to or living in Turkey that the U.S. Consulate in Adana has authorized the voluntary departure of family members out of an abundance of caution following the commencement of military operations out of Incirlik Air Base in southern Turkey.  

On September 2, the Department of State permitted the departure of U.S. government family members from the U.S. Consulate in Adana, Turkey. U.S. citizens seeking to depart southern Turkey are responsible for making their own travel arrangements. There are no plans for charter flights or other U.S. government-sponsored evacuations; however, commercial flights are readily available and airports are functioning normally. The U.S. Consulate in Adana will continue to operate normally and provide consular services to U.S. citizens.

U.S. government employees continue to be subject to travel restrictions in southeastern Turkey. They must obtain advance approval prior to official or unofficial travel to the provinces of Hatay, Kilis, Gaziantep, Sanliurfa, Sirnak, Diyarbakir, Van, Siirt, Mus, Mardin, Batman, Bingol, Tunceli, Hakkari, Bitlis, and Elazig. The Embassy strongly recommends that U.S. citizens avoid areas in close proximity to the Syrian border.

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The State Dept’s 360 Degree Feedback as Placement Tool, and Probably, a Lawsuit Waiting to Happen

Posted: 2:05 am EDT

We have originally written about the 360 degree feedback in 2008 as it started gaining popularity within the State Department. (see Sexing up the 360-Degree Feedback, Revisited). We thought then, and we still think now, that using the 360° feedback for evaluative purposes, (instead of using it primarily for development), especially when a candidate’s next job is on the line can easily transform this useful learning tool into an inflated, useless material with real consequences for operational effectiveness. We understand from comments received this past July, that this is being used as a developmental tool by Consular Affairs and the Leadership and Management School at FSI (see a couple of feedback), but those are, in all likelihood, the two exceptions. The 360 degree feedback is primarily used as an assignments or placement tool.

In 2013, the Marine Corps Times reported that the Pentagon was expanding its use of “360-degree” reviews for senior officers, but legal concerns may limit their inclusion in any formal promotion or command screening process:

Even if there is interest among the brass to formalize the process, there may be big legal hurdles to expanding the 360-review process beyond a strictly confidential tool for self-awareness.

Officers have valid concerns about anonymous and unverified criticisms seeping into the official process for doling out promotions, command assignments or seats at prestigious schools.

If officers feel their career was damaged by a harsh 360-degree review, they might insist on knowing precisely who lodged the criticisms in order to rebut them. And if the confidentiality is questioned, then the whole endeavor ceases to have much value.
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From a legal standpoint, that officer might have a right to file a Freedom of Information Act request to find out who submitted that confidential review.

“The more that’s at stake … the more difficult it will be to maintain the anonymity,” the senior official said. “And, of course, if you don’t maintain the confidentiality, then you have a very different product,” because peers and subordinates will be far less likely to offer candid criticism.

In April 2015, an official Pentagon study concludes that the “360-degree reviews” probably should not be used as a part of the formal military evaluation and promotion process. Below via the Military Times:

[T]he new report cites a long list of legal, cultural and practical concerns that would prevent this type of review’s widespread use in determining who gets selected for promotions, command assignments or slots at prestigious schools.

In 2013, Congress ordered the Defense Department to do a thorough assessment of whether and how 360-degree reviews should be used in the military personnel system.

Rand researchers concluded that the tools should be limited to personnel development programs, which means some troops are subject to 360-degree reviews but the results are provided only to the individual for his or her own benefit, and are not included in any official personnel file.

In the September issue of the Foreign Service Journal, consular-coned officer, William Bent, currently serving at the US Embassy in Barbados pens a Speaking Out piece on the need for the State Department to reevaluate its use of the 360-degree reviews.

Mr. Bent spells out the following concerns as the 360 feedback continue to be used as a placement tool by “assignment decision-makers”:

♨︎ || The reviews are seldom transparent. In current practice, the assessed employee usually has no idea what feedback the deciding official has received, and an employee receiving any negative feedback is rarely, if ever, contacted to discuss the issues raised. This creates the potential for unsubstantiated criticism that can unfairly undermine an employee’s chance for advancement. One does not have to assume deliberate career sabotage here: as a manager, one sometimes has to make unpopular decisions that years later still rankle former subordinates who, because of inexperience, may not have had the full picture.

The Bureau of Consular Affair’s recent development of the Consular Bidder Assessment Tool addresses the issue of transparency by allowing the assessed employee to see the anonymous feedback statements. But the employee is denied the opportunity for a timely discussion of the results (bidders are instructed not to attempt to discuss results until after bidding season is over). This is a surprising approach from the bureau that brought us the innovative CLI.

The DCM/principal officer 360-degree reviews are neither transparent, nor do they provide any opportunity for assessed employees to obtain feedback.

♨︎ || The reviews have little value because the assessed employee chooses the assessor. On the whole, most peers and subordinates resist being frank and candid in their reviews. Having the assessed employee pick his or her own assessors emphasizes this tendency, skewing the results.

It also replicates the EER problem: when everyone walks on water, the decision-makers try to read between the lines, looking for any chinks in an individual’s armor. Paradoxically, this feeds into the concerns discussed above, since any negative review raises bells and whistles and is given extra weight.

♨︎ || Use of 360-degree reviews for purposes other than development remains controversial among human resource experts. Using them to determine assignments is akin to using them as performance appraisals, which some human resource experts see as detrimental to an organization because of its negative effect on personal growth. When the results are not shared in a transparent way, trust is undermined.
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♨︎ || The State Department’s use of 360s in determining assignments was not adequately studied prior to implementation. This practice appears to have been implemented on an ad hoc basis several years ago, with a few bureaus using email as a platform to receive input. The use of 360s has now proliferated, with all bureaus involved in the assignment process utilizing them to make decisions.

Yet there seems to have been no prior centralized review of the ramifications of broad use of the tool on the Foreign Service workforce. The use of SharePoint and other technologies to gather the results also raises confidentiality questions (some 360s have been posted—I assume accidentally—on the State Department’s intranet site).

♨︎ || Some recipients of the results may lack the training and expertise to interpret them effectively. There is a reason there are books and articles written by human resource academics and specialists on how to effectively implement and utilize the 360-degree review process. Has the State Department trained officials using the results in human resource management or the 360-degree review process? Do these officials have goals beyond filling the position in question (e.g., the further career development of an employee)?

Moreover, what role has the Bureau of Human Resources—the one bureau theoretically best placed to manage this process—played in implementing the 360 review requirements? Are career development officers discussing the results of 360s with clients to improve the employee’s chances of strengthening skills?

♨︎ || The annual deluge of 360s creates significant time and resource issues. Let’s face it, the 360 process has become a major time suck for everyone involved, with email inboxes inundated each summer with requests for 360-degree reviews. Although we all have a responsibility to assist our colleagues and the organization as a whole by diligently filling out the reviews, the sheer volume of requests can be overwhelming. This could result in less comprehensive responses that don’t give a full portrait of the assessed employee.

Mr. Bent provides four recommendations including, the immediate suspension of “the use of 360s in the Foreign Service assignment process pending the completion of a study, conducted by an outside consultant, on the effectiveness of their use.”

If the Pentagon’s decision not to jump into the 360 degree bandwagon is not enough to give the State Department pause in its use of the 360 as part of the employes’ assignment process, then perhaps what should give them pause is the potential for privacy and FOIA litigation.  360 results posted online, hello?

We’ve located the Pentagon 360 study conducted by the Rand Corporation. In one part, it quotes a participant of its study saying, “Conventional wisdom in regards to 360-degree assessments from experts and researchers is that the most effective use of 360 assessments is to enhance professional, individual development. Once you change the purpose or intent of a 360 from development to evaluation, you affect the willingness of raters to provide candid or unfettered feedback.” That’s probably the most apt comment when it comes to the 360 degree feedback.

Read Rand’s 360-Degree Assessments: Are They the Right Tool for the U.S. Military? (pdf).

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Related posts:

Insider Quote: “If there were more of us willing to speak up about issues that matter …”

Posted: 12:02 am EDT

 

Amelia Shaw joined the Foreign Service (public diplomacy cone) in 2014 after careers in journalism and public health. She is currently doing consular work in Tijuana, her first post. She is the 2015 recipient of the W. Averell Harriman Award for Constructive Dissent. Below is an excerpt from Deconstructing Dissent, FSJ | September 2015:

“I am proud that I found a constructive way to take a stand on an issue that matters to me. But I can’t help wondering what the department would look like if there were more of us willing to speak up about issues that matter, large and small, regardless of whether or not we think we can actually change anything. Or as one senior officer pointed out to me, we dissent every day—but the difference is whom we dissent to and how far we are willing to go with it. At heart, it’s a question of integrity. Sometimes just adding your voice is enough.”

— Amelia Shaw
Foreign Service Officer

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Question of the Day: Is the Secretary of State bound by the rules of the Foreign Affairs Manual or not?

Posted: 2:40 am EDT

 

Is the Secretary of State bound by the rules of the Foreign Affairs Manual or not? That’s the question asked during the August 31 press briefing at the State Department.

QUESTION: Two other quick things. One is: Do you believe as a general matter that the Secretary of State, whomever he or she may be, is bound by the rules in the Foreign Affairs Manual or not? I mean, it may be that they’re not, that they have sort of a status that’s different and that therefore they have the rights to not follow it.

MR TONER: I mean, I would just say that every State Department employee from the Secretary on down takes the handling of classified information very seriously and is aware of the rules surrounding those classification standards.

In reading these excerpts, it is useful to remember the  State Department’s Most Candid Nugget.  A bit later, another one tried asking this again:

QUESTION: On the thing that everybody is obliged to – I mean, can you not address squarely whether the Foreign Affairs Manual applies to the Secretary of State or not?

MR TONER: I mean, I can say that, again, we, from the Secretary on down, take the handling of classified materials and the rules surrounding those – so I mean in that sense, including the Foreign Affairs Manual but also other regulations, stipulations, training that we undergo in how to handle classified and confidential information.

QUESTION: You take them —

MR TONER: Seriously. I’m sorry.

QUESTION: But does that mean that you’re bound by them?

MR TONER: We’re all bound by – how we treat classified information is, as I said, an important component of the work we do, but I’ve also made clear that when you look at classified material it is not an exact science, it’s not black and white, it’s not always clear, so there’s strong feelings and different beliefs about when something is classified, whether it’s born classified, whether it should be classified later. These are all questions that are being answered in a deliberative and a thorough way that we’re looking at that’s not somehow some cabal of people in a small room somewhere making these decisions. It’s an interagency process. It involves the IC, it involves other agencies as it touches their equities. So that’s our focus.

QUESTION: Mark, since you just said those —

MR TONER: Please, go ahead.

QUESTION: — rules and standards are so important that everyone in this building has to follow them, can you say from that podium categorically that Secretary Clinton followed the rules and the law?

MR TONER: I’m just not going to answer that question. It’s not our goal, it’s not our function in this regard in releasing these emails. Our goal and our sole purpose when we look at these emails is to decide – well, first to publish them according to the FOIA request that we have received. But in doing that, looking at them and deciding whether any of that material needs to be redacted and subsequently classified.

QUESTION: Isn’t it a little odd that the State Department can’t state categorically that the Secretary of State followed the rules?

MR TONER: All I can say is that there are – and I’ve alluded to there – I’ve not alluded to it, I’ve said as much to Arshad: There are other reviews, and that’s really for the inspector general and other entities who are out there looking at some of these broader questions.

Click here for the DPB | August 31, 2015.

The first question starts with “Do you believe …”  They can pin Mr. Toner to the wall with giant thumb tacks but we doubt very much if they can pry a straight answer out of him on this one.  What he believes is immaterial. What the building believes is what counts. And for that, we think you’d have to go ask the Legal Adviser.

Oops, wait! Brian Egan nominated to succeed Harold Hongju Koh is still stuck in the Senate confirmation process. Originally nominated in September 2014, Mr. Egan has now waited 347 days for his Senate confirmation. He had been renominated once before on January 16, 2015 when his nomination was not acted by the Senate last year.

While the Office of the Legal Adviser (without a Senate-confirmed Legal Adviser) has not released an opinion on this subject, it apparently told the OIG that the Foreign Affairs Manual‘s disciplinary provisions do not apply to political appointees as they are “not members of the Foreign Service or the Civil Service.”

The January 2015 OIG report Review of Selected Internal Investigations Conducted by the Bureau of Diplomatic Security (pdf) includes the following:

[The] Office of the Legal Adviser staff told OIG that the FAM’s disciplinary provisions do not apply to Ambassadors who, as in this instance, are political appointees and are not members of the Foreign Service or the Civil Service.

According to the OIG report, the Under Secretary for Management disagrees with this interpretation:

[T]he Under Secretary of State for Management advised OIG that he disagrees with the Office of the Legal Adviser interpretation, citing the provisions in the Foreign Service Act of 1980 which designate Chiefs of Mission appointed by the President as members of the Foreign Service. See Foreign Service Act of 1980, §§ 103(1) & 302(a)(1) (22 USC §§ 3903(1) & 3942(a)(1)).

Hey, if there’s a shootout between “L” and “M”, who wins?

Okay, first, how can Legal only cites the FAM’s disciplinary provisions? The Foreign Affairs Manual is the rules book for the agency. If the disciplinary provisions do not apply to political appointees, what other parts of the FAM do not apply to them?

Can they ship construction materials with their household effects, for instance? Can they change their workdays so they only have to work Tuesdays through Thursdays and have four day weekends every week? Can they travel first class without using U.S. air carriers? Are they obligated to account for their own conduct, whether on or off their jobs? Are they allowed to accept and retain gifts given to them by foreign governments? Can they speculate in currency exchange? Can their spouses work anywhere they want? Are they allowed to invest in real estate in their host countries? And on and on and on.

So if we follow the Office of Legal Adviser’s opinion to its logical conclusion, the Secretary of State, if a political appointee is also not subject to the FAM, yes?

That’s a dreadful opinion, by the way. It puts a politically appointed secretary of state and politically appointed American ambassadors in the enviable position of rallying the troops with “follow what I say, not what I do.” Because, if that’s the case, political appointees can do anything — fundraise overseas, for example — and not have consequences, while regular employees doing exactly the same thing could be penalized.  Or they/their spouses can ship goodies for private gain using the diplomatic pouch and not have any penalty while a career FSO’s spouse would surely be penalized for doing the same thing. And if political appointees are not subject to the Foreign Affairs Manual because they “are not members of the Foreign Service or the Civil Service” the questions then become 1) why are they in the Foreign Service or Civil Service pay scale? and 2) if not the FAM, which rules are they supposed to adhere to?

Of course, this could also mean that if a Foreign Service officer is appointed Secretary of State, he/she would then be subject to the FAM because he/she is a career member of the diplomatic corps. Not that there’s any great danger of that happening. Lawrence Eagleburger is the only career Foreign Service Officer to have served as Secretary of State (appointed Secretary of State on December 8, 1992, and continued in that position until January 19, 1993). But see why that L opinion is troubling?

In any case, we do think this is an important question that ought to have a simple answer.

Except that it doesn’t.

Is the Secretary of State bound by the rules of the Foreign Affairs Manual? 

During the September 1 DPB, a reporter revisited this once more:

QUESTION: It’s a question that I asked the other day and I’d like to ask if the State Department will take a policy decision on this, not with regard to Secretary – former Secretary Clinton, but with regard to current and past secretaries of state, and that is whether it is the view of the Department that the Secretary of State is bound by the rules laid out in the Foreign Affairs Manual.

MR TONER: Okay. I mean, I —

QUESTION: As a general principle, do they apply to the Secretary of State or not, or do they apply selectively? That’s the question.

MR TONER: Okay. I will get you an answer for that.

We await with great interest Mr. Toner’s answer to this very straightforward question. We hope the reporters would keep asking this question. Every day until we all get an answer.

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Q&A on QDDR, Now Includes Officially Cleared State Department Answers

Posted: 12:47 am EDT

 

On August 13, we posted this: Q&A With QDDR’s Tom Perriello, Wait, What’s That? Whyohwhyohwhy?. Last Friday, Kathryn Schalow, the new director of the QDDR office sent us the long-awaited answers to our questions with a brief note saying, “As the new director of the QDDR office, I am excited to carry on the work of this office and look forward to working with everyone –both inside and outside the government – who wants to help with the implementation of the review’s recommendations.”  

The answers are published below in full:

#1.  QDDR/CSO: The 2010 QDDR transformed the Office of the Coordinator for Reconstruction and Stabilization (S/CRS) into the Bureau of Conflict and Stabilization Operations (CSO) to enhance efforts to prevent conflict, violent extremism, and mass atrocities. The 2015 QDDR says that “Some progress has been made in this area.”  I understand that CSO no longer has any mission element about stabilization and stabilization operations. It also remains heavy with contractors.  One could argue that the current CSO is not what was envisioned in QDDR I, so why should it continue to exists if it only duplicates other functions in the government? Can you elaborate more on what is CSOs new role going forward, and what makes it unique and distinct from the Bureau of Near Eastern Affairs’ Middle East Partnership Initiative (MEPI) and USAID’s Office of Transition Initiatives?  

The Bureau of Conflict and Stabilization Operations is one of many offices in State/USAID working to prevent, respond to, and stabilize conflict and crisis.  CSO maintains the specific goal of stability in its mission statement.  The Bureau advises the Secretary, Regional Bureaus and Ambassadors on diplomatic action to address conflict and prevent mass atrocities, violent extremism and political violence.  Central elements of CSO’s mission were reinforced as top priorities for the Department and USAID in the 2015 QDDR, specifically the policy priority to prevent and mitigate conflict and violent extremism.  Many elements within the State Department and USAID also work to support the Administration’s policy on this topic, including the Bureau for Democracy, Conflict, and Humanitarian Assistance (DCHA) at USAID, and the Bureaus of Counterterrorism (CT) and CSO at the State Department, as well as Special Envoy and Coordinator for Strategic Counterterrorism Communications Rashad Hussain.

#2. Innovation and Risks: The QDDR talks about “promoting innovation.” Innovation typically requires risk. Somebody quoted you saying something like the gotcha attitude of press and Congress contributes to risk aversion from State and USAID. But risks and risk aversion also comes from within the system.  I would point out as example the Center for Strategic Counterterrorism Communications previously headed by Ambassador Alberto Fernandez, and its controversial campaign “Think Again Turn Away” which afforded the USG a new way to disrupt the enemy online. Ambassador Fernandez was recently replaced by a political appointee with minimal comparable experience.  It also looks like CSCC will be folded into a new entity. So how do you encourage State/USAID employees “to err on the side of engagement and experimentation, rather than risk avoidance” when there are clear bureaucratic casualties for taking on risks?

The Department encourages informed risk taking and innovation, and the QDDR reports on a number of State and USAID initiatives to facilitate innovation and creativity in solving complex problems.  In particular, the Department’s Innovation Roundtable, the Consular Affairs Bureau’s 1CA Office and Teamwork@State initiatives, Public Diplomacy and eDiplomacy Innovations Funds, and USAID’s Global Development Lab demonstrate a commitment to fostering creativity and experimentation.  The 2015 QDDR (p. 56) highlights outcomes from these initiatives such as efficiency improvements at U.S. Embassy Mexico City’s American Citizen Services Unit or the LAUNCH open innovation platform founded by NASA, NIKE, USAID and State that is accelerating the market adoption of sustainable technologies.

Ambassador Fernandez retired from the State Department last spring, and  Rashad Hussain was chosen as his successor.   He has brought to the position his strong academic and professional background in national security, diplomatic experience engaging Muslim-majority countries as Special Envoy to the OIC, and published writings and engagement over the past decade on a range of CVE issues. Under his leadership, the Center for Strategic Counterterrorism Communications (CSCC) remains an innovative organization that works to counter ISIL’s appeal, including by helping other countries and NGOs expand their anti-ISIL messaging capacity within their own societies.  The recently-opened Sawab Center in the United Arab Emirates is one example.   The CSCC also continues to challenge online extremism on a number of social media platforms in multiple languages.  The CSCC remains a stand-alone office reporting to the Under Secretary for Public Diplomacy and Public Affairs, and has expanded to include a new counter-ISIL cell to the Center’s operation.  

#3. Engagement with American Public: The QDDR says:  “Make citizen engagement part of the job. Every Foreign Service employee in the Department and USAID will be required to spend time engaging directly with the American people.” Are you aware that there are over 500 blogs run by Foreign Service employees and family members that could potentially help with engagement with the American public? Isn’t it time for these blogs to be formally adopted so that they remain authentic voices of experience without their existence subjected to the good graces of their superiors here or there?

One of our goals is to expand our communication with fellow Americans so that they gain a better understanding of the Department’s and USAID’s work and how it affects them.  The Hometown Diplomats program, started in 2002, is the main way we conduct these dialogues with the American people.  More than 1200 Department employees – both Foreign and Civil Service – have met with high school and college students, social and professional organizations, and media in their hometowns.  So far in 2015 we have organized 56 Hometown Diplomat engagements.  The 2015 QDDR has a number of recommendations for boosting the Hometown Diplomats program, as well as creating new outreach initiatives.  For instance, technology and social media expand opportunities for employees at overseas posts and in Washington to engage the American people and help educate young Americans about global issues and how U.S. diplomacy and development improve Americans’ lives.  The Bureau of Public Affairs has already begun a program of virtual Hometown Diplomats speaking from post via videoconference to domestic audiences, and the preliminary feedback is positive.  This year we have held four virtual Hometown Diplomat events from overseas posts that reached almost 300 Americans.

The Department encourages employees, in both their official and personal capacities, to undertake activities, including public communications, devoted to increasing public study and understanding of the nation’s foreign relations.  The private blogs of employees can be an important contributor to this effort and they have a role in informing the public about the work and experiences of our officers and their families.  The private blogs and social media posts of employees that do not discuss official Departmental policy or actions do not need formal Department adoption (or review) to be part of the broader conversation about U.S. foreign policy.

#4. Eligible Family Members:  The State Department has talked about expanding opportunities for eligible family members for a long time now and I regret that I have not seen this promise go very far. There are a couple of things that could help eligible family members — 1) portability of security clearance, so that they need not have to wait for 6-12 months just to get clearances reinstated; and 2) internship to gain experience from functional bureaus or section overseas. Why are we not doing these?  And by the way, we’re now in the 21st century and FS spouses still do not have online access to State Department resources that assist them in researching assignments and bids overseas. Employees are already afforded remote access, why is that not possible for family members? Wouldn’t taking care of people start with affording family members access to information that would help them plan their lives every three years?

Work life balance and the wellbeing of our Foreign Service families is of paramount importance to the Department.   Programs such as the Expanded Professional Associates Program (EPAP) and the Global Employment Initiative are increasing the number of jobs for eligible family members and receive positive reviews from FSOs and family members.  The QDDR commits us to expanding these programs even further and making them easier to access through a single portal; creating a database to assist EFMs and employers to connect and take advantage of EFM Non-Competition Eligibility earned overseas; and identifying ways to address the challenges with security clearance.  This QDDR also commits State and USAID to “continue pursuing mechanisms to facilitate the security clearance process for EFMs so they can begin work at post without lengthy delays.”

The Department has two great sources of information to help employees and their families research post conditions, schools and employment opportunities – both are completely accessible to EFMs.  The Overseas Briefing Center manages an extensive comprehensive public website that provides information about preparing for life at overseas posts, the logistical requirements of moving, and much more.  EFMs are able to readily receive post-specific material electronically by sending a simple email request to the Overseas Briefing Center.  Overseas Briefing Center personnel also engage with EFMs by email, phone, and through social media to offer suggestions and guidance on obtaining resources and resolving questions related to relocating and living overseas.  Secondly, the public website of the Family Liaison Office provides extensive resources to help FS spouses interested in pursuing employment overseas – either within a US Embassy or Consulate or on the local economy.

The Department of State is committed to increasing the accessibility and usability of Department information for all Foreign Affairs agency employees and their families.  The Foreign Affairs Network 3.0 (FAN3), developed under the Department’s Bureau of Information Resource Management will allow eligible family members to access appropriate State systems using existing credentials.   This will greatly facilitate EFM access to Department networks.

#5. Foreign Assistance: One of the criticisms I’ve heard about QDDR is how it did not even address the reality that the United States has far too many foreign assistance programs — “an uncoordinated diaspora of offices and agencies scattered around the bureaucratic universe in D.C. from the Justice Department to the DoD to the Commerce Department to the Export-Import Bank to the Treasury Department and beyond, to the bewilderment of anyone the United States does business with overseas.” What do you say to that? 

The number and variety of assistance programs is actually a great strength.  The number of U.S. foreign assistance programs is large because there is a broad diversity in need, and specific departments and agencies are best placed to deliver the specialized assistance that is required.  For example, USAID is advancing a new model of development that combines local ownership, private investment, and multi-stakeholder partnerships to provide assistance that is coordinated with investments by national/regional/local governments, the private sector, and multilateral development banks.  These efforts complement, and are coordinated with, the assistance activities carried out by other U.S. government agencies, such as the Millennium Challenge Corporation, the Treasury Department, and the Overseas Private Investment Corporation.

Although interagency coordination can be complex and difficult, the 2015 QDDR builds on recommendations from the 2010 QDDR to improve coordination of assistance by creating Integrated Country Strategies (ICS) and making clear that at posts abroad the Ambassador has oversight over assistance efforts.  The ICS serves as an overarching strategy that encapsulates U.S. government policy priorities, objectives, and the means by which diplomatic engagement, foreign assistance, and other tools will be used to achieve them.  The development of the ICS involves all agencies in the country under Chief of Mission authority and, as such, incorporates a “whole of government” approach to guide U.S. government activities in each country.  The result improves coordination not just for foreign assistance programs, but for our entire overseas interagency presence (see p 61).

#6. Data Collection: Somebody called the second set of “three Ds” — data, diagnostics, and design as the “most revolutionary, disruptive element of QDDR II.” I can see development subjected to these three Ds, but how do you propose to do this with diplomacy where successful engagements are based on national interests and the human element and not necessarily data driven? Also data is only as good as its collector. How will data be collected?

One of the QDDR priorities is to ensure that Department and USAID employees have greater access to, and are better utilizing, the vast amounts of data and information available today.  We want diplomats in the field and in Washington to be better informed through a variety of internal and external data sources.  We want to better empower and prepare our employees by giving them new tools to better understand the issues they work on and to identify new opportunities for engagement.   In many instances our policy is data-driven and similarly, there is benefit to having diplomats who are data-informed.  For example, the U.S. Global AIDS Coordinator combines epidemiological evidence, expenditure data, and local information to determine where PEPFAR (President’s Emergency Plan for AIDS Relief) resources can have the greatest impact.  More broadly, State and USAID are implementing the President’s Open Government Initiative through tools such as the Foreign Assistance Dashboard.

Data are collected from a variety of sources, including governments, international organizations, academia, NGOs and the private sector.  We want to lower barriers to information access, provide standardized platforms and better disseminate the data we have.  USAID’s Global Development Lab and the agency’s data policies including the Open Data Policy, the Department’s Enterprise Data Quality Initiative, global partnerships including GODAN, and community-engagement based programs such as MapGive have each demonstrated progress in increasing the accessibility and usability of high-quality data.  These efforts ensure that we have the infrastructure in place to leverage the information at hand.  The QDDR recommends bringing additional organizational support to efforts like these – as well as adding new programs to the mix.

#7. Institutional WeaknessesSome quarters look at the State Department and points at several institutional weaknesses today: 1) the predominance of domestic 9-5 HQ staff with little or no real field experience, foreign language and other cultural insight, and 2) the rampant politicization and bureaucratic layering by short term office holders with little or no knowledge of the State Department and less interest in its relevance as a national institution. How does the QDDR address these weaknesses? How does the QDDR propose to recreate a national diplomatic service based on a common core of shared capabilities and understanding of 21st century strategic geopolitical challenges and appropriate longer term responses? 

The Department and USAID’s greatest asset is human capital.  Our employees, whether Civil Service, Foreign Service, non-career appointees, or contractors, are the foundation upon which our institutions stand and the source of our achievements.

The QDDR endorses a common training core, called Diplomatic Mastery, for all incoming  Foreign Service generalists, starting from the orientation (“A-100”) course, and continuing in the first two tours, as an additional prerequisite for tenure (along with proficiency in a foreign language).  Diplomatic Mastery will include subject areas such as diplomatic history, negotiating skills, and building esprit de corps.  A new curriculum will also be made available to Foreign Service Specialists and Civil Service employees.  FSI has been developing in-depth, interactive modules to be used overseas for this and other training purposes.

In March 2014 Secretary Kerry introduced a new set of Leadership and Management Principles to serve as a standard for all Department employees (3 FAM 1214).  The QDDR complements and supports these principles by recommending strengthened mandatory leadership training, increasing accountability, as well as expanding long-term training opportunities and excursion tours at mid- and senior-levels of the Foreign and Civil Services.  These assignments outside the Department will increase expertise and experience through time at a university, in the private sector, at an NGO, or with other U.S. government agencies.   This will allow the Department and USAID to make their organizations more flexible and adaptive, with a more agile and mobile workforce.

#8: QDDR Operation: I remember that you sent out a solicitation of ideas and suggestions for QDDR II and I’m curious at the kind of response you got. Can you also elaborate the process of putting together QDDR II? Finally, the success of QDDR II will be on implementation. Who’s leading the effort and what role will you and the QDDR office have on that? Unless I’m mistaken, the QDDR implementers are also not career officials, what happens when they depart their positions? Who will shepherd these changes to their expected completion?

Secretary Kerry launched the second QDDR process in April 2014 and tasked us with creating a “blueprint for the next generation of American diplomacy.”  The report was co-chaired by the Deputy Secretary for Management and Resources, Heather Higginbottom, and USAID Acting Administrator Alfonso Lenhardt.  The impact of this QDDR will depend on its implementation and Deputy Secretary Higginbottom is overseeing implementation of the QDDR as a whole, with action on particular recommendations being driven by a range of senior leaders across the Department.  The QDDR office is currently staffed by a dedicated team of career FSOs and Civil Service employees, who are facilitating and monitoring the implementation of the report’s recommendations. Individuals throughout State and USAID – in dozens of bureaus and offices – are involved in the implementation.

Over the course of the year-long research and drafting process, we solicited ideas and suggestions through a variety of forums, and we were very pleased with the response and the interest that people took throughout the process.   For example, we conducted a QDDR Sounding Board Challenge, garnering 200 ideas and 1,900 votes from over 4,700 viewers, at all levels at the Department.  We also conducted meetings with stakeholders from throughout the Department and USAID, the interagency, Congress, and NGOs.  With this input and guidance from senior leaders at State and USAID, including an Executive Committee (listed at the back of the report), we determined the policy and operational priorities to highlight.  The Secretary also asked us to produce a report that was shorter and more tightly focused than the first QDDR, and we met that objective.

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We should note that Tom Perriello was appointed Special Representative for the Quadrennial Diplomacy and Development Review (QDDR) in February 2014, and was the original recipient of our questions. On July 6, 2015, he was appointed Special Envoy for the Great Lakes Region and the Democratic Republic of the Congo. He succeeds former Senator Russ Feingold in that position. No one has yet been announced as Special Representative for the QDDR as of this writing; the next report is not due for another four years.

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State/OIG Inspects US Mission Japan: Oh, Heck, Where Do We Start?

Posted: 1:35 pm EDT

 

State/OIG released it inspection report of the U.S. Embassy in Tokyo and its constituent posts.  The OIG made 65 recommendations intended to improve Embassy Tokyo’s operations and programs.  Mission Japan is headed by Ambassador Caroline Kennedy who arrived in November 2013, and her DCM,  Jason P. Hyland who arrived in June 2014. Mr. Hyland’s predecessor is not named in the report. Prior to this inspection, US Mission Japan was last reviewed in early 2008, and a report was issued in June 2008 (link to that report at the bottom of this post).

US Embassy Japan from diplomacy.state.gov

Let’s start with the key findings:

 The Department of State has not addressed security problems, including vulnerabilities which the Office of Inspector General identified in previous inspection reports.

 The role and authorities of the Ambassador’s chief of staff are not clearly defined, leading to confusion among staff as to her level of authority, and her role in internal embassy communications.

 The embassy’s focus on daily reporting of political and economic developments comes at the expense of building a broad network of contacts and providing in-depth analysis for policy formulation.

 The embassy is not coordinating reporting and diplomatic engagement across the mission. Constituent posts in Sapporo, Nagoya and Osaka-Kobe need to be brought up to the high standards set by posts in Fukuoka and Naha.

 The level of U.S. direct-hire staffing in the embassy’s political, economic, and consular sections is greater than workload warrants.

 The public affairs section faces major management challenges, but has begun to focus on educational exchanges and staffing adjustments to cope with the high visitor load and public outreach needs.

 American Presence Post Nagoya should cease offering routine consular services; consular operations in Fukuoka and Sapporo are inefficient.

 Although the embassy’s management section has made significant progress on cost containment, senior managers should pay greater attention to management controls over travel and official residence allowances.

 Office of Inspector General inspectors identified $122,665 in cost savings and $2,331,787 in funds put to better use during the inspection.

Overview of the mission:

Mission Japan is one of the U.S. Department of State’s (Department) most important missions in terms of its size and the U.S. interests for which it is responsible. The mission includes 13 U.S. Government agencies and 5 constituent posts: consulates general in Osaka-Kobe and Naha, consulates in Sapporo and Fukuoka, and an American Presence Post1 in Nagoya. The mission also includes the Foreign Service Institute language school in Yokohama. Headquarters of U.S. Forces Japan are located nearby at Yokota Air Base, and various U.S. military commands are located throughout the mainland and on Okinawa. The mission has 272 U.S. direct-hire employees and total employment of 727. In FY 2014, total funding for the mission, including other agencies, was $93.6 million. U.S. direct-hire employees were receiving a 25- to 35-percent cost-of-living allowance based on location at the time of the inspection.

Now, the good news:

  • Good Scores for Ethics | The Ambassador has made clear to the bureau’s executive office, the management officers at Embassy Tokyo, and her front office staff that she wants all her activities to be conducted in accordance with U.S. Government regulations. This was borne out by the fact that the highest score she received from staff members who completed a personal questionnaire was for her ethical behavior.
  • Hague Convention Accession | Japan is second only to Mexico in the number of children abducted from the United States. Japan’s accession to The Hague Convention on International Parental Child Abduction in 2014 was a significant development, due in no small part to Embassy Tokyo’s efforts to encourage Japan to join.
  • EFM Employment | A de facto work agreement with the Government of Japan allows family members to apply for work permits with strict rules governing employment. Twenty-seven eligible family members are employed inside the mission, and 34 eligible family members are employed outside the mission, mostly as English teachers.
  • RSO:  The Tokyo regional security office is responsible for the security and emergency preparedness of a large geographically dispersed diplomatic mission. In discussions and interviews with embassy staff members, the OIG team was told repeatedly that the regional security office is responsive to their needs. Accomplishments of the senior regional security officer include reinvigorating the law enforcement working group, updating and drafting missing or outdated security policies, and implementing modifications to the local guard contract that save the Department approximately $230,000 annually. The regional security office staff uniformly describes the senior regional security officer as a good mentor and communicator.
  • Cost Containment: In 2014, to contain cost, the embassy transferred 70 percent of its voucher processing to the Department’s regional voucher processing center. The cost to process a voucher in Japan is three times higher than at the regional center. The transfer resulted in the elimination of at least two voucher examiner positions.

And the not so good news, oh where do we start?

  • Leadership | A non-career Ambassador with wide experience in nongovernmental and publishing industries leads Embassy Tokyo. She sees the strengthening of mutual understanding between the Japanese and the American people and the deepening of the security alliance as her prime responsibilities. The Ambassador does not have extensive experience leading and managing an institution the size of the U.S. Mission to Japan. She relies upon two key senior staff members—her non-career chief of staff and a career Senior Foreign Service deputy chief of mission (DCM)—to make sure that Embassy Tokyo and its constituent posts receive the resources and guidance they need to conduct day-to-day operations. The chief of staff, who has extensive experience in public relations and has worked with the Ambassador over a period of years, organizes special projects for the Ambassador, coordinates functions within the embassy, and oversees embassy staff interactions with the Ambassador. The DCM, who arrived in Tokyo 6 months before the start of the onsite inspection process, focuses on internal management of the embassy and coordination with the constituent posts.
  • Communication Between the Front Office and Embassy Sections Needs Improvement.
  • High Visibility Ambassador Puts a Strain on Some Embassy Elements
  • Role of Chief of Staff Needs Refinement
  • The Deputy Chief of Mission Should be More Proactive in Exercising Leadership

The leadership section does not include discussion on training, mentoring, and professional development of First and Second Tour (FAST) officers, or mission morale. The report says that “four of seven officers in the public affairs section assigned to Tokyo have left post before their tour end date.”  There’s a term for that; it’s called curtailment.  A non-career chief of staff, a PR person, who has a large sway in the functioning of this embassy is not named in this report.  And just before the arrival of the inspectors, the front office apparently had made some headway on improving communication by holding a town hall meeting to unveil the revised memo outlining the activities the Ambassador would undertake. The report is not clear if this is the ambassador’s first town hall meeting with embassy staff.

Political Section:

  • Minister Counselor Positions Under-Ranked
  • Economic Section Has Too Many Supervisors
  • Economic Section Portfolios Organized Poorly
  • Excess Staff in the Political and Economic Sections
  • Law Enforcement Working Group Lacks Political Context

Econ Section

  • Reporting and Advocacy Needed on Structural Reform
  • Economic Section Not Keeping Proper Records and Files
  • Embassy Tokyo does not have a current records management policy and does not enforce Department and Federal regulations on records management.

  • The economic section’s reporting relies heavily on media sources. On some policy developments, the OIG team found that embassy reporting did not add value to more timely reporting by the international press. Reporting was mostly single-sourced and did not evidence a range of contacts among Japanese business leaders, legislators or staff, political parties, academia, or other economic leaders or decision makers, as intended by 2 FAM 113.1 c (10) and (11).

Consular Section

  • Consular Officer Staffing Is Excessive
  • No Coordination of Consular Social Media
  • Inefficient Consular Operations in Fukuoka and Sapporo

Note that citizens of some countries including Japan, who are traveling to the U.S. for 90 days less for business or tourism may not need a visa as they are eligible for the Visa Waiver Program (VWP). This report says that Tokyo’s consular section, with 14 officers, has more officer positions than other consular operations of similar workload, with a high proportion of managers to entry-level officers.

Management Section:

  • Inconsistencies in Billing Methods Creates Confusion
  • Cashiering Violation and Fiscal Irregularity
  • Class B Cashier’s Cash Advance is Excessive
  • Salaries Inappropriately Paid Directly to Official Residence Expense Staff (this is a pretty common subject in OIG reports)
  • Position Descriptions Are Inaccurate
  • Delays in Processing Within-Grade Increases
  • In-House Post Language Program Is Not Cost Effective
  • No In-House Equal Employment Opportunity Training Provided to Staff
  • Allegations of Sexual Harassment Not Reported to the Office of Civil Rights
  • Unauthorized Use of Motor Pool Shuttle Services
  • Living Quarters Allowance Not in Compliance with the Foreign Affairs Manual
  • No Emergency Backup Generators at Some Constituent Posts
  • The Department’s Office of Fire Safety conducted visits in 2014. The report identified 83 deficiencies of which the mission has corrected 53.
  • Locally Developed Software Applications Not in Compliance
  • Emergency Communication Does Not Meet Department Standards
  • No Logs of Network Maintenance
  • Premium Class Train Travel Policy Does Not Comply with Department Regulations
  • Extra Travel Costs Inappropriately Approved for Using Indirect Routes
  • USCG Naha: Inappropriate Use of Official Residence Expense Funds Instead of Representation Funds

Public Affairs

The OIG report says that in the past 8 months, four of seven officers in the public affairs section assigned to Tokyo have left post before their tour end date. That’s called curtailment. Unless they were all medevaced.

  • Embassy’s 11-person Media Analysis and Translation Team Lacks a Clear Mandate | Without a survey of the MATT’s customers, the embassy cannot confirm who—if anyone—is reading its products or justify the $1.25-million annual cost of operating the MATT.
  • Social Media Lacks Coordination| Several LE staff members work separately with social media, resulting in a multiplicity of uncoordinated messages
  • Grants Management Not in Compliance
  • No Public Diplomacy Strategy
  • The public affairs section was told to take a 26-percent cut. This reduced the public diplomacy allotment from $11.5 million in FY 2011 to $8.6 million in FY 2012. Even at that reduced rate, Mission Japan’s public affairs budget was still the largest in the Bureau of East Asian and Pacific Affairs. As a result of these budget cuts, the public affairs section eliminated 17 LE staff positions. The public affairs section allocated 68 percent of its FY 2014 budget of $8.5 million to LE staff salaries. According to the Under Secretary for Public Diplomacy and Public Affairs, this is high by world standards. […]The Ambassador selected the country public affairs officer, who arrived in Tokyo in August 2014, to stabilize the public affairs section, end the curtailments, define LE staff duties in order to clarify the new distribution of duties following the 2012 staff cuts, bring transparency to personnel decisions, and get the entire staff’s commitment to move forward. Since the public affairs officer’s arrival, the public affairs section has had considerable success, particularly with programs on educational exchange and women’s issues

A few more items with notable details extracted from the report:

Commercial Email Usage |  In the course of its inspection, OIG received reports concerning embassy staff use of private email accounts to conduct official business. On the basis of these reports, OIG’s Office of Evaluations and Special Projects conducted a review and confirmed that senior embassy staff, including the Ambassador, used personal email accounts to send and receive messages containing official business.

Employee Evaluation Reports do not Reflect Demonstrated Weaknesses | The OIG team reviewed a range of Department employee evaluations written by managers at the U.S. Mission to Japan. They found several examples of evaluations that did not reveal any indication of serious weaknesses, even though the rated officers had required in-depth management and or discipline by their supervisors and had absorbed time and resources from senior embassy officers. The DCM, having been at post only 6 months, has not yet produced employee evaluations. The inspectors advised him to make clear to rating officers that employee evaluations must present an accurate record of each staff member’s strengths and a realistic area for improvement.

Yokohama Language Program Cost-Benefit Analysis Lacking | To provide Japanese-language instruction in Yokohama, it costs the Department an estimated $2.3 million per year. The total cost of operating the school, factoring out fixed expenses, such as leasing residences for the students, post allowance, education allowance, the school director’s salary and benefits, and other sunk costs, is $1 million per year. This translates into a per-student cost of from $83,583 to $200,599 for a student body of from 5 to 12 students. The Department could be incurring higher costs for providing language services.

No Justification for Paying Post Allowance to Family Member Appointees | Worldwide, Embassies London and Tokyo are the only two authorized to pay post allowance to family member appointees. In 2001, the Department granted them an exception on the basis of their inability to recruit individuals for family member positions because of lower salaries and wages, in accordance with 3 FAM 8218.1 c. In Japan, these adverse employment conditions no longer exist. Except for security escort positions, the embassy has had no difficulty filling family member positions. It also has been able to fill some of its LE staff vacancies with eligible family members when they meet all position requirements. The cost impact to the embassy of providing the post allowance to nine full-time family members is $59,190, annually.

Consulate General Naha Not Benefiting from Zero Cost Leasing Offer | In February 2010, the Open Source Center located on the U.S. Army’s Torii Station offered four Government-owned houses located on Kadena Air Base to Consulate General Naha at zero leasing costs. Consulate General Naha has not fully considered this offer. The OIG team estimates accepting the Open Source Center’s offer would save leasing costs of $110,665 per year. The embassy would continue to fund utility and make-ready costs. In Naha, U.S. direct hires already use base services, including the commissary, Post Exchange, and other support services. U.S. direct-hire dependents attend Department of Defense schools. According to 15 FAM 228 b, housing selection should achieve maximum cost benefit to the U.S. Government, and every effort should be made to lease appropriate housing with terms that reflect the likelihood of the housing unit remaining in posts inventory, with lease terms of 5 years or more whenever appropriate.

Private Domestic Staff Inappropriately Housed in U.S. Government-Owned Facility | The embassy continues to house private domestic staff of U.S. direct-hire officers in a separate U.S. Government-owned facility (the former U.S. Marine Dormitory) despite a 2008 Office of Legal Counsel’s opinion cautioning that the legality of operating living quarters for private domestic servants of U.S. Government employees on U.S. Government premises is highly doubtful under Federal appropriations/employment law. The presence of such facilities on U.S. Government-controlled real property also raises liability issues under employment law and tort law. The embassy raised concerns about prior fraudulent domestic staff employment contracts, use of appropriated funds to maintain the facility and collection of utilities reimbursements through the employees association as a probable violation of appropriation law. At the time of inspection, 42 domestic staff resided in the 31-room U.S. Government-owned building designated for domestic staff. According to 15 FAM 244, post personnel may house full-time domestic staff in their own U.S. Government-provided quarters if space is available and approved by the regional security officer. The estimated cost of maintaining the facility is $60,000 per year.

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Related items:

OIG_ISP-i-15-35a JAPAN Aug 25, 2015

OIG – U.S. Embassy Tokyo, Japan and Constituent Posts June 2008

State Dept’s Wibbly Wobbly Jello Stance on Use of Private Email, Also Gummy Jello on Prostitution

Posted: 1:38 am EDT

 

We’ve added to our timeline of the Clinton Email saga (see Clinton Email Controversy Needs Its Own Cable Channel, For Now, a Timeline).

On August 24, 2015, State Dept. Spokesman John Kirby told CNN:  “At The Time, When She Was Secretary Of State, There Was No Prohibition To Her Use Of A Private Email.” Below is the video clip with Mr. Kirby.

Okay, then. Would somebody please get the State Department to sort something out. If there was no prohibition on then Secretary Clinton’s use of a private email, why, oh, why did the OIG inspectors dinged the then ambassador to Kenya, Scott Gration for using commercial email back in 2012? (See OIG inspection of US Embassy Kenya, 2012).

Screen Shot 2015-08-25

Oh, and here’s a more recent one dated August 25, 2015. The OIG inspection of U.S. Embassy Japan (pdf) says this:

In the course of its inspection, OIG received reports concerning embassy staff use of private email accounts to conduct official business. On the basis of these reports, OIG’s Office of Evaluations and Special Projects conducted a review and confirmed that senior embassy staff, including the Ambassador, used personal email accounts to send and receive messages containing official business. In addition, OIG identified instances where emails labeled Sensitive but Unclassified6 were sent from, or received by, personal email accounts.

OIG has previously reported on the risks associated with using commercial email for official Government business. Such risks include data loss, hacking, phishing, and spoofing of email accounts, as well as inadequate protections for personally identifiable information. Department policy is that employees generally should not use private email accounts (for example, Gmail, AOL, Yahoo, and so forth) for official business.7 Employees are also expected to use approved, secure methods to transmit Sensitive but Unclassified information when available and practical.8

OIG report referenced two cables, we’ve inserted the hyperlinks publicly available online: 11 STATE 65111 and 14 STATE 128030 and 12 FAM 544.3, which has been in the rules book, at least since 2005:

12 FAM 544.3 Electronic Transmission Via the Internet  (updated November 4, 2005)

“It is the Department’s general policy that normal day-to-day operations be conducted on an authorized [Automated Information System], which has the proper level of security control to provide nonrepudiation, authentication and encryption, to ensure confidentiality, integrity, and availability of the resident information.”

This section of the FAM was put together by the Office of Information Security (DS/SI/IS) under the Bureau of Diplomatic Security, one of the multiple bureaus that report to the Under Secretary for Management.

Either the somebodies were asleep at the switch, as the cliché goes, or somebody at the State Department gave authorization to the Clinton private server as an Automated Information System.

In any case, the State Department’s stance on the application of regulations on the use of private and/or commercial email is, not wobbly jello on just this one subject or on just this instance.

gummy-bears-o

dancing jello gummy bears

On October 16, 2014, State/OIG released its Review of Selected Internal Investigations Conducted by the Bureau of Diplomatic Security. This review arose out of a 2012 OIG inspection of the Department of State (Department) Bureau of Diplomatic Security (DS). At that time, OIG inspectors were informed of allegations of undue influence and favoritism related to the handling of a number of internal investigations by the DS internal investigations unit. The allegations initially related to eight, high-profile, internal investigations. (See State/OIG Releases Investigation on CBS News Allegations: Prostitution as “Management Issues” Unless It’s NotCBS News: Possible State Dept Cover-Ups on Sex, Drugs, Hookers — Why the “Missing Firewall” Was a Big Deal).

One of those eight cases relate to an allegation of soliciting a prostitute.

The Foreign Affairs Manual (FAM) provides that disciplinary action may be taken against persons who engage in behavior, such as soliciting prostitutes, that would cause the U.S. Government to be held in opprobrium were it to become public.1

In May 2011, DS was alerted to suspicions by the security staff at a U.S. embassy that the U.S. Ambassador solicited a prostitute in a public park near the embassy. DS assigned an agent from its internal investigations unit to conduct a preliminary inquiry. However, 2 days later, the agent was directed to stop further inquiry because of a decision by senior Department officials to treat the matter as a “management issue.” The Ambassador was recalled to Washington and, in June 2011, met with the Under Secretary of State for Management and the then Chief of Staff and Counselor to the Secretary of State. At the meeting, the Ambassador denied the allegations and was then permitted to return to post. The Department took no further action affecting the Ambassador.

OIG found that, based on the limited evidence collected by DS, the suspected misconduct by the Ambassador was not substantiated. DS management told OIG, in 2013, that the preliminary inquiry was appropriately halted because no further investigation was possible. OIG concluded, however, that additional evidence, confirming or refuting the suspected misconduct, could have been collected. For example, before the preliminary inquiry was halted, only one of multiple potential witnesses on the embassy’s security staff had been interviewed. Additionally, DS never interviewed the Ambassador and did not follow its usual investigative protocol of assigning an investigative case number to the matter or opening and keeping investigative case files.

Department officials offered different justifications for handling the matter as a “management issue,” and they did not create or retain any record to justify their handling of it in that manner. In addition, OIG did not discover any guidance on what factors should be considered, or processes should be followed, in making a “management issue” determination, nor did OIG discover any records documenting management’s handling of the matter once the determination was made.

The Under Secretary of State for Management told OIG that he decided to handle the suspected incident as a “management issue” based on a disciplinary provision in the FAM that he had employed on prior occasions to address allegations of misconduct by Chiefs of Mission. The provision, applicable to Chiefs of Mission and other senior officials, states that when “exceptional circumstances” exist, the Under Secretary need not refer the suspected misconduct to OIG or DS for further investigation (as is otherwise required).2 In this instance, the Under Secretary cited as “exceptional circumstances” the fact that the Ambassador worked overseas.3

DS managers told OIG that they viewed the Ambassador’s suspected misconduct as a “management issue” based on another FAM disciplinary provision applicable to lower-ranking employees. The provision permits treating misconduct allegations as a “management issue” when they are “relatively minor.”4 DS managers told OIG that they considered the allegations “relatively minor” and not involving criminal violations.

Office of the Legal Adviser staff told OIG that the FAM’s disciplinary provisions do not apply to Ambassadors who, as in this instance, are political appointees and are not members of the Foreign Service or the Civil Service.5

OIG questions the differing justifications offered and recommends that the Department promulgate clear and consistent protocols and procedures for the handling of allegations involving misconduct by Chiefs of Mission and other senior officials. Doing so should minimize the risk of (1) actual or perceived undue influence and favoritism and (2) disparate treatment between higher and lower-ranking officials suspected of misconduct.6 In addition, OIG concludes that the Under Secretary’s application of the “exceptional circumstances” provision to remove matters from DS and OIG review could impair OIG’s independence and unduly limit DS’s and OIG’s abilities to investigate alleged misconduct by Chiefs of Mission and other senior Department officials.

In the SBU report provided to Congress and the Department, OIG cited an additional factor considered by the Under Secretary—namely, that the Ambassador’s suspected misconduct (solicitation of prostitution) was not a crime in the host country. However, after the SBU report was issued, the Under Secretary advised OIG that that factor did not affect his decision to treat the matter as a “management issue” and that he cited it in a different context. This does not change any of OIG’s findings or conclusions in this matter. 

After the SBU report was issued, the Under Secretary of State for Management advised OIG that he disagrees with the Office of the Legal Adviser interpretation, citing the provisions in the Foreign Service Act of 1980 which designate Chiefs of Mission appointed by the President as members of the Foreign Service. See Foreign Service Act of 1980, §§ 103(1) & 302(a)(1) (22 USC §§ 3903(1) & 3942(a)(1)). 

During the course of that review, State/OIG said it discovered some evidence of disparity in DS’s handling of allegations involving prostitution. Between 2009 and 2011, DS investigated 13 prostitution-related cases involving lower-ranking officials.

The OIG apparently, found no evidence that any of those inquiries were halted and treated as “management issues.”

.

Also, have you heard?  Apparently, DEA now has an updated “etiquette” training for its agents overseas.

That’s all.

Is there a diplomatic way to request that the responsible folks at the State Department culture some real backbone in a petri-dish?

No, no, not jello backbone, please!

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Foggy Bottom’s Big Chill Freezes Even Retired Diplomat … Diplo Doggy Wins!

Posted: 1:01 am EDT

 

For obvious reasons, we are unable to share the name of the retired diplomat here but we have permission to share this with our readers.

Retired FSO: I was planning on blogging about Hillary’s emails. Title: “If I Did What Hillary Did, I’d Be In Jail.”

Me: Great! Looking forward to reading it!

Retired FSO: But I won’t.

Me: Oh?

Retired FSO: Just read 3 FAM 4170. I’m retired. I can’t believe I really need to clear my blogposts with PA. I mean, I’d use common sense, you know? I wouldn’t be divulging stuff like, say, our nuclear launch codes, or the chronically malfunctioning air conditioning system at Main State. I’d just focus on how when you become a charter member of America’s political elite, the rules don’t apply to you. That’s all. 

Me:  Only stuff “of department concern” needs clearance. Max timeframe for blogs, five days.

Retired FSO: But they’ve made me jittery. I don’t fancy jail. They’d probably force me to watch re-runs of “Madame Secretary” every day; let me read only the FAM! The eighth amendment  doesn’t allow this kind of cruel and unusual punishment, but Mother State can be as vindictive as a Borgia dowager.

Me: Okay. So, does this mean you’ll stop blogging?

Retired FSO: Nah. Maybe I’ll just write about my pets from now on. Think anybody would read Diplo Doggy’s Adventures?

Me: I will. 

Retired FSO: We live in difficult times.

Via Giphy Commons

Via Giphy Commons

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