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

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?

* * *

 

 

 

 

High Drama in Hungary Awaits New American Ambassador

– Domani Spero

 

This past October, the U.S. Embassy in Hungary released the following statement:

The U.S. Embassy is not aware of any NAV investigations into US businesses or institutions in Hungary and no U.S. actions have been taken as the result of any such investigations.

The U.S. takes corruption seriously.  The U.S. Department of Justice has established an anti-kleptocracy unit to expand capacity to pursue cases in which ill-gotten wealth overseas is found to have a U.S. connection.

Certain Hungarian individuals have been found ineligible to enter the United States as the result of credible information that those individuals are either engaging in or benefiting from corruption.  This was a decision by the Department of State under the authority of Presidential Proclamation Number 7750 and its Anti-Kleptocracy Provision of January 12, 2004.  Criminal proceedings are up to the host nation to pursue.  U.S. privacy laws prohibit us from disclosing the names of the individuals involved.

No one is above the law.  The United States shares Hungary’s view of “zero tolerance” of corruption.  Addressing corruption requires a healthy system of checks, balances and transparency.  The U.S. Government action related to Hungarian individuals is not a Hungary-specific measure, but part of an intensified U.S. focus on combating corruption, a fundamental obstacle to good governance, transparency and democratic values.

The Budapest Beacon reported that ten Hungarian officials and associates have been banned for travel to the United States including individuals close to Prime Minister Viktor Orbán. Yup, the same one Senator McCain called   a “neo-fascist dictator.  And the reason Chargé d’Affaires André Goodfriend, our acting ambassador at the U.S. Embassy in Budapest was summoned to Hungary’s Foreign Ministry.

Last month, Hungary Today citing reports from Portfolio.hu has reported, said that the head of National Tax and Customs Administration of Hungary (NAV), Ildikó Vida had revealed that she and some of her colleagues are among those state officials that were banned by Washington from travelling to the United States.

 

 

Orbán also criticized Goodfriend for accusing a government official of corruption “while hiding behind diplomatic immunity”. Orbán called on Goodfriend to “be a man and take responsibility for his accusations” by agreeing to allow himself to be sued in a Hungarian court for defamation.

“In Hungary, if someone is proven to have been involved in corruption, we don’t replace that person but lock them up,” said the prime minister, neglecting to mention the fact that a similar fate awaits people convicted of defaming public officials.

Later in the day the head of the Fidesz caucus, Antal Rogán, an authority on corruption, told the Hungarian News Service that Goodfriend could prove to a Hungarian court of law if Vida was guilty of corruption, “but that this would first involve the US agreeing to lift his diplomatic immunity”.

Right and she did not want to be fired. As can be expected, the tax office (NAV) chief Ildikó Vida filed a defamation lawsuit against US embassy chargé d’affaires André Goodfriend.  According to Hungary Today, the complaint was filed with the prosecutor’s investigations office on the ground of “public defamation causing serious damage,” a NAV lawyer said.

 

 

The Financial Review notes that growing anti-government protests in the country may become another battleground between Europe and Russia.  Several protests in the last few months over corruption, internet tax plan, private pensions, etcetera.  The Review suggests that these protests against an  increasingly pro-Russian leadership, raised questions about whether the former communist nation could become the next Ukraine.

Amidst this, the U.S. Senate confirmed President Obama’s nominee to be ambassador to Hungary, and The Colbert Report noticed.

 

Mr. Colbert notes that “The Bold And The Beautiful is perfect training to be an ambassador. Hungary is a region rife with drama and constant threat of violence — exactly the situation the Forrester family routinely handles from their palatial estate while simultaneously running their fashion empire.”

As if that’s not enough, there are also some suggestions floating around the net on how Viktor Orbán can best use the Colleen Bell fiasco to screw the US and its liberal allies in Hungary. It includes wining and dining, and those are the nicer parts.

Meanwhile, @GoodfriendMA is going about his business, checking out the Christmas markets in Budapest and awaiting the arrival of his new boss.

* * *

 

 

 

 

 

Revisiting the Mustafa Akarsu Local Guard Force Support Act

– Domani Spero

 

In December last year, we urged your support for a bill in Congress intended to provide Special Immigrant Visas (SIVs) to a surviving spouse or child of an employee of the United States Government killed overseas in the line of duty (see Please Ask Congress to Support the Mustafa Akarsu Local Guard Force Support Act).

This Act may be cited as the “Mustafa Akarsu Local Guard Force Support Act”.

SEC. 2. SPECIAL IMMIGRANT STATUS FOR CERTAIN SURVIVING SPOUSES AND CHILDREN.

In General.–Section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) is amended in subparagraph (D)– (1) by inserting “(i)” before “an immigrant who is an employee”; and (2) by inserting the following: “(ii) an immigrant who is the surviving spouse or child of an employee of the United States Government abroad killed in the line of duty, provided that the employee had performed faithful service for a total of fifteen years, or more, and that the principal officer of a Foreign Service establishment (or, in the case of the American Institute of Taiwan, the Director thereof) in his discretion, recommends the granting of special immigrant status to the spouse and children and the Secretary of State approves such recommendation and find that it is in the national interest to grant such status;”. (b) Effective Date.–This Act and the amendments made by this Act shall take effect beginning on January 31, 2013, and shall have retroactive effect.

Check out this page showing support for H.R. 1781. Warning, reading the comments posted against this bill will melt your brain and make you want to throw your shoes at somebody.

A comment from a Maine voter says it all:

Some of the ignorant comments I have seen regarding this case make me ashamed. We have an obligation to the families of these guards who make the ultimate sacrifice, and a few nice words and a flag just don’t cut it. We need to do the right thing here.

So, on June 14, 2013, this bill was referred to the Subcommittee on Immigration and Border Security.  As of 12/13/2014 no related bill information has been received for H.R.1781 – the Mustafa Akarsu Local Guard Force Support Act.  The majority of the bills die in committee, and that apparently happened to this one, too.

The 114th Congress will be seated on January 3, 2015 and will run until January 3, 2017.  The GOP has taken control of both the Senate and the House. It is a worthwhile cause to urge our congressional representatives to revisit this bill again when they return in January, with great hope that it will pass this time.

We think it is important to emphasize that this bill, hopefully reintroduced in the 114th Congress, has a very narrow coverage — only for a spouse or child of a USG employee killed in the line of duty, and only if the employee has performed faithful service for at least fifteen years. It also needs the recommendation of the principal officer at post and the approval of the Secretary of State.

If Congress can allocate 50,000 permanent resident visas annually to persons from countries with low rates of immigration to the United States (see “Lottery” Diversity Visas), we can find no reason why it cannot allocate visas to the next of kin of persons who actually died while protecting United States government officials and properties.

 * * *

Contact Congress: http://www.usa.gov/Contact/US-Congress.shtml

We believe this site will also update when the 114th Congress is seated and can be used to contact congressional representatives next year: http://www.contactingthecongress.org

* * *

 

 

 

 

 

 

US Embassy Yemen: How to Catch the Visa Malfeasance Pokemons? Very Quietly.

– Domani Spero

 

 

Via NY Daily News:

An employee at the embassy may have given out more than 50 sham visas to people who falsely claimed they needed to enter the U.S. to attend an oil industry conference in Texas, according to unsealed papers in Brooklyn Federal Court. The feds learned the Yemeni citizens never went to the conference. It was not clear if the fraudulent visas were connected to terrorism. The feds have uncovered a breach of security inside the U.S. Embassy in Yemen that led to bogus visas being issued, the Daily News has learned.

 

* * *

Via U.S. Consulate Amsterdam

Via U.S. Consulate Amsterdam

If these visas were issued at the embassy, these are authentic visas, using real foils –issued under fraudulent reasons. What are the typical types of visa fraud? Below according to state.gov:

  • Presenting false documents to apply for a visa
  • Concealing facts that would disqualify one from getting a visa, like a criminal history in the alien’s home country
  • The sale, trafficking, or transfer of otherwise legitimate visas
  • Misrepresenting the reasons for requiring a visa
  • Counterfeiting, forgery, or alteration of a visa

We must also add, procurement of authentic visa by malfeasance — bribing a consular employee.  For more on visa security, read Fred Burton’s Getting Back to the Basics here.

DSS Special Agent Bert Seay’s filed a court statement at the Eastern District of New York supporting probable cause to arrest one of those 50 individuals issued visas in Yemen:

In August 2014, DSS received information from the Department of Homeland Security, Office of the Inspector General (“DHS-OIG”) that DHS-OIG had received an anonymous tip that Yemeni national employees working in the non-immigrant visa unit of the U.S. Embassy in Sanaa, Yemen were helping other Yemeni nationals to fraudulently procure non—immigrant visas in exchange for money. Based on information provided by DHS-OIG, DSS identified one specific Yemeni employee at the U.S. Embassy who submitted over 50 suspicious Bl/B2 visa referrals for Yemeni citizens.

DSS identified the visa applications as suspicious because, in the applications, the Yemeni visa applicants purported to be employed by Yemeni oil companies and stated that their reason for traveling to the United States was to attend an oil industry conference called the “Offshore Technology Conference” in Houston, Texas.  However, investigation by DSS determined that, in most instances, the Yemeni oil companies listed as employers on the visa applications were fictitious and, further, that the visa applicants did not, in fact, attend the “Offshore Technology Conference” after traveling to the United States.

The DS agent statement includes a caveat that the “complaint is to set forth only those facts necessary to establish probable cause to arrest,” but does not include “all the relevant facts and circumstances.” The complaint also notes that “DSS identified one specific Yemeni employee at the U.S. Embassy who submitted over 50 suspicious Bl/B2 visa referrals for Yemeni citizens.”

The allegations involved Yemeni national employees,more than one. Suspicious cases involved over 50 visas, and law enforcement got one arrest. Alert is now broadcasted on all channels. So, how do you catch the Visa Malfeasance and Visa Fraudster Pokemons? It’s not like you can now pretend to send a local employee to FSI for training then arrest him or her upon arrival at Dulles like this or this.

Also, for non-State readers, here is what the regs say about visa referrals:

“A referral is a written request, maintained permanently, to advocate for, or otherwise assist, your contacts at post in the visa application process. Referrals are the only allowed mechanism to advocate for or assist visa applicants prior to visa adjudication.” (See 9 FAM, Appendix K, Exhibit I – pdf).

The news report actually gave us more questions than answers. Visa issuance is a specific responsibility of a Consular Officer; it cannot be issued by just any embassy official or any embassy employee. The processing and issuance process is now automated and requires specific login credentials; it’s not like anyone can just stamp a visa foil on a passport with a stamp pad.

And when did foreign national embassy employees started issuing visa referrals? Only qualified and approved individuals may make visa referrals. But here’s the thing – the regs are clear, to qualify as a visa referring officer you must:

(1) Be a U.S. citizen, direct hire, encumbering an NSDD-38 authorized position or serving in a long-term TDY role (of more than 121 days) in place of a permanently stationed direct hire who falls under Chief of Mission (COM) authority and encumbers an NSDD-38 position as defined by the Human Resources section at post;

(2) Attend a referral briefing with the consular section; and

(3) Submit a signed and dated Worldwide NIV Referral Policy Compliance Agreement to the consular section.

Not only that, the chief of section/agency head of the referring officer’s section or agency must approve each referral (and must attend the briefing and sign the compliance document in order to do so). In the absence of a section/agency head or acting head, the Principal Officer (PO) (if at a consulate), or Deputy Chief of Mission (DCM), or Ambassador must approve the referral.

So, how is it possible for a Yemeni employee in this case (who has not been identified publicly or charged), to submit 50 visa referrals is seriously perplexing.

The complaint identified one defendant as ABDULMALEK MUSLEH ABDULLAH ALZOBAIDI. He allegedly submitted a visa application dated March 8, 2014 presented to an in-person interview with “a Consular Officer at the U.S. Embassy in Sanaa,Yemen on April 14, 2014.”  In his visa application, the defendant allegedly stated, among other things, that he was a “manager” of “Jaber Oil Company.” The defendant allegedly further provided the Consular Officer with a business card for Jaber Oil Company. The defendant also allegedly stated in his visa application that the purpose of his trip to the United States was to attend the “Offshore Technology Conference” in Houston, Texas for approximately 15 days.

According to court docs, in September 2014, DSS agents received information from the Yemeni Ministry of Commerce and Information confirming that the Jaber Oil Company is not a registered or legitimate company in Yemen. That Houston conference is an annual event.

Since this individual has now been charged, he will have his day in a New York court but this brings up an even troubling scenario.

According to 2009 unclassified cable published by WikiLeaks, Yemen security conditions prevent the embassy’s Fraud Prevention Unit (FPU) from performing field investigations so post rely almost exclusively on telephone investigations to combat fraud.  So, if there’s a universe with 50 suspicious cases, how many were investigated by FPU prior to visa issuance? This would have been a pretty standard practice in a high fraud post like Yemen.

In a 2010 inspection review of US Embassy Sana’a, OIG inspectors noted (pdf) that “Because of staffing limitations, Embassy Sanaa is not doing the required annual reviews of its visa referral system. This important internal control is mandated by 9 FAM Appendix K 105(d). Not regularly reviewing referrals deprives consular management of important information on the adjudication process and potentially improper behavior.”

That report, although old, also noted at that time that nonimmigrant visa processing is “a relatively small part of the post’s consular workload, and it is managed successfully by one part-time officer.”

Embassy Sana’a has suffered from staffing and security limitations for many years. We can’t imagine that the staffing situation at post has grown any better since that 2010 report. Has it?

And this makes one wonder — if Sanaa is under “ordered departure”and has limited staff, why do we insist on processing visas there?  Embassy Sana’a did not respond to our inquiry on this case but says on its website that “requests for U.S. tourist and business visa appointments continues to grow.”  Also that “Visa services are an important Embassy function, and the robust demand for tourist and business visas reflects the strong continuing relationship between Yemen and the United States.”

The continuing relationship is so strong that no one has been arrested for the multiple attacks of the U.S. mission in Yemen.

According to AQAP, it has targeted US interests in Yemen three times in the last 60 days alone: shelling of compound on September 27, targeting Ambassador Tueller with IEDs on November 6, and the detonation of two IEDs on post’s northern gate on November 27. The attack last week reportedly resulted in embassy guard death/s; this has not been mentioned, confirmed, or denied by the State Department. This news has not made it to the front pages, so you know they will try again.

via UKFCO

via UKFCO

On a related note, the UK Foreign and Commonwealth Office (FCO) is now advising against all travel to Yemen and strongly urge British nationals to leave the country.

Is this what we should call expeditionary consular diplomacy now?

 


 

 

State Department OIG – Published Reports, October 2014

via state.gov/oig

* * *

State Dept Spox on outages at embassies: “separate”, “unconnected”, “unrelated” — wowie zowie!

– Domani Spero

 

We’ve blogged about the outages at overseas posts yesterday (see State Department’s “Technical Difficulties” Continue Worldwide, So What About the CCD?).  On November 17, US Embassy Albania’s internet connection was down and US Embassy London could not accept credit card payments and its online forms for visa and passport inquiries were not working. US embassies in Moscow, Madrid, Manila, Beirut, Ankara, Cameroon, Oslo and Astana tweeted that they were “experiencing technical difficulties that may result in delays in visa processing.”

Unofficial sources tell us that State Department employees are now able to send email outside the Dept but still no Internet access. The Department’s mobile access site GO (go.state.gov) and Web PASS  (Web Post Administrative Software Suite Explorer) are both still offline.

What’s WebPASS?   via WebPASS Privacy Impact Assessment (2009):

WebPASS Explorer (“WebPASS”) is a suite of business applications used by overseas posts to administer a variety of internal activities. Some but not all applications under WebPASS collect and maintain personally identifiable information (PII) about post employees, their family members, and visitors. WebPASS is web-enabled and operates within the confines of OpenNet, the Department’s sensitive but unclassified (SBU) network.

The main application is Web Post Personnel (Web.PS), which is a database of the American employees (AEs), their dependents, and Locally Employed Staff (LES). Whereas the official record for an AE employee is maintained in Washington, DC, the Web.PS database supports local personnel-related tasks. Its LES-related features support personnel actions for LES staff directly hired at the post such as intake, assignments, transfers, grade increases, and terminations.

After an AE or LES staff is established in Web.PS, some of their basic identifiers (e.g., name, employee type, office) may be pulled electronically into other WebPASS applications that support separate functions such as motor pool operations, residency in government-held real property, and distribution of pharmaceutical medications.

The most sensitive unique identifier in WebPASS is the record subject’s SSN, which is stored in Web.PS.

 

Hey, if Professor Boyd, the American ambassador’s husband in Homeland had access to WebPASS, he could have saved himself some sneaking around just to discover (and tamper) with Carrie’s medication!

In any case, on November 18, the State Department spokesman Jeff Rathke was asked about the recent reported hacking and the outages at our embassies. The official word seems to be that these outages at ten posts (maybe more, but those posts have not tweeted their technical difficulties) are separate, unconnected, unrelated or [insert preferred synonym]  to the “technical difficulties” at Main State. Simply put, you folks stop racking your brains with suspicions, these outages are simply, and purely  coincidental.

Of course, coincidences happen every day, but the more I watch these official press briefings, the less I trust coincidences.

Excerpt:

QUESTION: Hacking?

MR. RATHKE: Yes, Lara, please.

QUESTION: Everybody’s favorite topic. You had talked yesterday from the podium about how the – it’s only the unclassified email systems at the State Department that was affected by this most recent data breach that prompted the suspension of – sorry, I’ve got suspended on my mind – (laughter) – but that prompted the shutdown over the weekend. But there’s been some suggestions that some of the missions and embassies and consulates have had some problems or could have some problems with processing passports or visas.

MR. RATHKE: No.

QUESTION: No? Not at all?

MR. RATHKE: No, no. These are unconnected. I mean, we have a separate system that deals with those types of consular issues – passports, visas, and so forth. Now there may be other technical issues that have arisen in one place or another. Is there a specific —

QUESTION: Yeah. Embassy Beirut, I think, had to —

MR. RATHKE: Yeah. No, that’s unrelated to the outage that we’ve had here.

QUESTION: Well, what’s going on in Embassy Beirut, then?

MR. RATHKE: Well, I don’t have the specifics, but it’s a separate issue. And I – from what I understand, they were able to continue doing their operations today, so it was not any major impediment.

I can give you an update, though, on the outage. I can report that our external email services from our main unclassified system are now operating normally, and for those who feel they are tethered to their Blackberries, they are once again, because the Blackberry service is working. So our unclassified external email traffic is now normal, so we’ve had some progress since yesterday’s discussion. So much of it is now operational. Much of our systems that had connectivity to the internet are now operational. We have a few more steps that’ll be taken soon to reach full restoration of our connectivity.

QUESTION: But just to clarify, no consular services, no client-based services —

MR. RATHKE: That’s a separate —

QUESTION: — have been affected by this outage?

MR. RATHKE: No, not to my knowledge. That’s – those are separate.

Yeah.

QUESTION: Do you have internet access from the unclassified system now?

MR. RATHKE: No, we are not – we do not have internet access at this stage. That will be restored soon, we expect. Sorry, yes?

QUESTION: Anything else major that you don’t have now?

MR. RATHKE: No. No, I think that’s mainly it. But it – this has not stopped us from doing our work, so —

QUESTION: The classified system never went down, correct?

MR. RATHKE: No, it was never affected at any point. So as mentioned yesterday, that hasn’t changed. It was not affected.

 

Congress remains more than interested:

 

And now the FBI is wading into the breaches:

* * *

Congress Seeks Information on Obamacare Coverage of Foreign Diplomats

– Domani Spero

 

On October 29, 2014,  the House Foreign Affairs Committee Chairman Ed Royce (R-CA) and Ways and Means Committee Chairman Dave Camp (R-MI) wrote to IRS Commissioner John Koskinen seeking information after learning that foreign diplomats working in the United States are eligible for subsidized health coverage under the Affordable Care Act (ACA). Excerpt from their letter:

The Committees on Foreign Affairs and Ways and Means are investigating the extent to which these diplomats receive taxpayer-subsidized premium tax credits and cost-sharing subsidies under the Affordable Care Act.  We are seeking to determine how many such individuals participate in these programs and the total cost of such benefits.  As the agency principally responsible for administering health coverage tax credits, we request that you provide this information as soon as possible.

According to the Department of Health and Human Services, foreign diplomats holding “A” or “G” visas are eligible to participate in an array of medical programs administered by the federal government, including participation in Health Insurance Marketplaces governed by the Affordable Care Act (ACA). The Secretary of Health and Human Services has informed the Committee on Foreign Affairs that, if they meet basic ACA requirements, “a foreign diplomat could satisfy the statutory criteria to be eligible for a premium tax credit and cost-sharing reductions.”  The State Department has gone so far as to advertise to Foreign Missions, Permanent Missions to the United Nations, and the United Nations Secretariat that health care exchanges and “the benefits of the United States Affordable Care Act are available” to them.

The Foreign Affairs Committee has sought to determine the number of diplomats receiving coverage and subsides under the ACA.  Unfortunately, the State Department has informed the Foreign Affairs Committee that it “is not involved in the process through which foreign diplomats obtain government-funded benefits” and cannot provide that data.  The Department of Health and Human Services is likewise unable to provide this information.  Specifically, it noted that “[t]he Department does not collect data that identify whether individuals receiving services through our medical programs have diplomatic status.”  Similarly, “the Department does not collect data that identifies whether individuals receiving tax credits and/or cost sharing reductions have diplomatic status.”  Copies of these letters are attached for your reference.

We fully support the ability of foreign diplomats to purchase health care coverage in the United States.  We do not, however, believe that American taxpayers should subsidize these services.  To assist with our oversight of this matter, we ask that you please provide the following information as soon as possible, but not later than 5:00 p.m. on November 12, 2014.

  1. The total number, including from which country, of all non-immigrant, non-citizen “A” and “G” visa holders who are eligible for, and who have received, premium tax credits for qualified health plans under the Affordable Care Act;
  1. The total number, including from which country, of all non-immigrant, non-citizen “A” and “G” visa holders who are eligible for, and who have received, cost-sharing reductions for qualified health plans under the Affordable Care Act; and
  1. The total cost, and cost per individual, of all subsidies provided to the individuals above.

The signed letter and referenced attachments are available here.

Did you know about this? Do you know the rationale for this?  International relations is based on reciprocity, are our American diplomats eligible for healthcare subsidies in countries that avail of Obamacare subsidies here? Since the State Department is “is not involved in the process through which foreign diplomats obtain government-funded benefits,” in the United States, how is it supposed to press countries for reciprocal treatment on behalf of our diplomats?

According to a notice circulated (pdf) by the State Department in February 2014, individuals who are lawfully present in the United States, including U.S. citizens, permanent residents (green card holders), and “A” and “G” visa holders (principal or dependent), may purchase coverage through the health insurance marketplace/exchange. Additionally, the notice states that “Those Permanent Missions whose employees do not receive health and medical insurance benefits through the sending state, or Permanent Missions who have not entered into a health and medical insurance plan with a private insurance provider, may find the benefits provided by the ACA a cost effective way to insure their employees against high physician, hospital, and prescription drug costs.”

Note that A-1 – 2 visas are for foreign government diplomats and officials and their immediate family members while G-1 – 4 visas are for international organization officials and employees and their immediate family members.

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-02/20/14   OAS Note No. 07-B: OAS Affordable Care Act Guidance  [98 Kb]
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Tweet of the Day: Visa That Saved a Mom’s Life

– Domani Spero

 

The tweet below is from Andrew Schapiro, the Ambassador-Designate to the Czech Republic who arrived in Prague on August 18, 2014 but yet to participate in official events pending the presentation of credentials per diplomatic protocol.

 

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Burn Bag: Oh, Mr. Personality, Your Visa Stamp So Sexy 😍 !!!

Via Burn Bag:

“Those consular adjudicators who met a “high bar for qualifications and underwent a rigorous screening process”? I’m not sure it’s a good idea to skip the rigorous screening process that normally applies to Foreign Service officers (FSOs), as these adjudicators have the very same powers as FSOs and appear to the outside world to be diplomats. For example, at my post, the very first time one officer represented the Mission at a representational event, he spent the time picking up women, rather than working (he’s married, and here with his family). Within two weeks, he’d told his wife their marriage was over. I can’t believe this represents the kind of good judgement the FS is looking for, any more than I believe the woman he picked up is interested in his personality.”

 

hello-I-love-you-Patrick

Via reactiongifs.com

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