Meet the New Special Representative for Afghanistan and Pakistan – Daniel Feldman

— Domani Spero
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The State Department recently announced that Daniel Feldman succeeded Ambassador James Dobbins as the U.S. Special Representative for Afghanistan and Pakistan (SRAP).  Ambassador James Dobbins concluded his tenure July 31. The announcement says that SRAP Feldman spent his first official days as SRAP on travel to Kabul, Afghanistan where he “will reinforce President Obama’s message urging both candidates to continue their dialogue on the details of the political framework that they agreed to during Secretary Kerry’s last visit, and to accelerate the ongoing audit of ballots when it resumes August 2.”

 

Below is SRAP Feldman’s official bio via state.gov:

Daniel F. Feldman is the Special Representative for Afghanistan and Pakistan (SRAP). He has served in the S/SRAP office since its creation in 2009, first as deputy and then as principal deputy to Ambassadors Richard Holbrooke, Marc Grossman, and James Dobbins. He has been deeply engaged in all aspects of U.S. policy formulation and implementation for both countries, including overseeing political transition issues, economic growth initiatives, regional integration efforts, international engagement with key partners, strategic communications, and Congressional outreach. For his service in the S/SRAP office, he was awarded the Secretary’s Distinguished Honor Award by Secretary Clinton.

Before reentering government, he was a law partner and co-chair of the international Corporate Social Responsibility group at Foley Hoag LLP, the only such legal practice in the U.S. His previous government experience includes serving as Director of Multilateral and Humanitarian Affairs at the National Security Council in the Clinton Administration, and as Counsel and Communications Adviser to the U.S. Senate Homeland Security and Governmental Affairs Committee.

He was Senior Foreign Policy and National Security Advisor to the Kerry presidential campaign in 2004, communications advisor and recount attorney for the Gore campaign in 2000, and a senior campaign advisor to Senator Mark Warner. He helped to found, and subsequently served on the board of, the National Security Network, and is a life member of the Council on Foreign Relations. He has been appointed a White House Fellow and a Henry Luce Scholar, and was a law clerk on the U.S. Court of Appeals for the Ninth Circuit and on the South African Supreme (Constitutional) Court. He is a graduate of Tufts University, Columbia Law School, and Princeton University’s Woodrow Wilson School.

 

Last month,Alyssa Ayres, a deputy assistant secretary of state for South Asia during 2010–2013 argued that the departure of Ambassador Dobbins was the perfect time to fold SRAP back into the SCA bureau. “A seamless overview of U.S. relations throughout the SCA region, and the impact of the coming drawdown in Afghanistan, would be far easier to accomplish if our focused diplomacy towards Afghanistan and Pakistan was embedded within the South and Central Asia bureau.” SRAP is one of those offices that reports directly to the Secretary of State. Obviously, the SRAP office will remain a separate entity for the next couple of years or the Secretary would not have appointed a new SRAP. Remains to be seen what changes happen after the drawdown, or under a new administration in 2017.

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State Dept/CBP Reportedly Announced Fix for Certain Applicants Ensnared By Visa Glitch

— Domani Spero
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The State Department’s Consular Consolidated Database has been having performance issues since July 19th. We have written about it in this blog (see State Dept Answers FAQ on Ongoing Visa and Passport Database Performance Issues and  State Dept’s Critical National Security Database Crashes, Melts Global Travelers’ Patience).

Last week, Greenberg Traurig posted on The National Law Review that the State Department and the U.S. Customs and Border Protection (CBP) have reportedly announced a fix for certain visa applicants affected by the technical glitch.

“DOS and CBP will, on a case-by-case basis, waive nonimmigrant visa (H-1B, L-1, O-1, etc.) requirements for admission into the United States. In particular, applicants whose U.S. travel involves an “emergency” (i.e., humanitarian travel and life-and-death situations) or impacts U.S. national interests may request consideration for special travel permission.”

The post further states that if “emergency” travel is approved, the embassy or consulate will issue a transportation letter for presentation to common carriers to allow boarding of international U.S.-bound flights. (See DOS and CBP Announce Fix for Certain Visa Applicants Who Are Experiencing Consular Delays Due to Recent Technical Challenges).

This information is nowhere to be found on the State Department’s website or on the Visa Section of travel.state.gov nor the FB page of the Bureau of Consular Affairs. No such announcement is made available from the CBP website.

An  August 10 update from U.S.-China Visa Law Blog includes the following details:

A nonimmigrant visa applicant whose U.S. travel is urgent because it either involves an “emergency” or impacts U.S. national interests, may request consideration for special travel permission to the United States if their visa issuance is delayed as a result CCD systems problems. “Emergencies” in this instance include urgent humanitarian travel and life-and-death situations. Upcoming business engagements and U.S. employment needs are “not typically considered humanitarian emergencies and likely will not be considered as such in most cases.”

If approved jointly by the State Department and U.S. Customs and Border Protection (CBP), the consular post that accepted the visa application will release the traveler’s passport and will issue a transportation letter, which can be presented to the airlines to allow boarding of international U.S.-bound flights. Upon arrival to a U.S. port of entry and presentation of the transportation letter, CBP will waive the nonimmigrant visa requirement for admission.

Read more:  An Computer Crash Hobbles U.S. Visa, Passport Operations in China (Aug. 10 Update).

It is, of course, just a coincidence that the two sources noting the transportation letter fix are both law firms working on immigration, right? 😉  CA bureau’s FB page does not have an August 8 or August 10 update that includes this information. If there was an announcement, are we to understand that it was done on limited distribution with the State/CBP telling lawyers about this but not releasing this guidance to the general public?

We must confess that we’ve made a mistake of asking for clarification about this from the press office of the Bureau of Consular Affairs.  It turns out that some  folks there are unable to answer “yes” or “no” questions and are only able to provide cut and paste “on background” information for recycled details already publicly available.

Don’t get us wrong. It certainly is impressive cut and paste skills, but we won’t help them recycle the canned info and add to the glut.

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