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Diplomatic Security Help Return Fugitive Involved in Stealing Identities of Disabled Children

Posted: 2:05 am ET

 

In June 2014, USDOJ indicted six people in an identity theft and tax fraud scheme in which the identities of disabled children and foster care children were stolen.  The indictment charges Ahmed Kamara, 38, and Ibrahim Kamara, 48, both of Yeadon, PA, Musa Turay, 41, and Foday Mansaray, 38, both of Darby, PA, Gebah Kamara, 46, of Sharon Hill, PA, and Dauda Koroma, 43, of Philadelphia, PA, with conspiracy, aiding and assisting in the preparation of false tax returns, wire fraud, aggravated identity theft, and filing false individual income tax returns.

Defendants Ahmed Kamara, Musa Turay, Ibrahim Kamara, Dauda Koroma, and Foday Mansaray worked as tax preparers at Medmans Financial Services, a tax preparation business located in South West Philadelphia. According to the indictment, Ahmed Kamara, Musa Turay, Ibrahim Kamara, Dauda Koroma, and Foday Mansaray defrauded the Internal Revenue Service by repeatedly falsifying information on tax returns. The indictment alleges that Gebah Kamara, then a social worker at Catholic Social Services, sold the defendant tax preparers the names and Social Security numbers of foster children for the purpose of creating fraudulent dependents on client tax returns. By including the false dependents, the tax preparers falsely claimed a number of credits and exemptions for their clients, which generated large fraudulent refunds, some in excess of $9,000. The tax preparer defendants charged clients up to $800 to fraudulently add a dependent on their income tax return.

If convicted, each of the defendants faces a mandatory two year prison term for aggravated identity theft consecutive to the following maximum possible sentences: Ahmed Kamara – 55 years in prison, three years of supervised release, a $1.75 million fine, and a $1,300 special assessment; Musa Turay – 61 years in prison, three years of supervised release, a $1.95 million fine, and a $1,500 special assessment; Gebah Kamara – 43 years in prison, three years of supervised release, a $1.35 million fine, and a $900 special assessment; Ibrahim Kamara – 52 years in prison, three years of supervised release, a $1.65 million fine, and a $1,200 special assessment; Dauda Koroma – 52 years in prison, three years of supervised release, a $1.65 million fine, and a $1,200 special assessment; Foday Mansaray – 43 years in prison, three years of supervised release, a $1.35 million fine, and a $900 special assessment.

Musa Turay, a U.S. citizen who was born in Freetown, Sierra Leone was one of those charged in 2014.  Diplomatic Security’s Criminal Investigative Liaison tracked Turay to Sierra Leone and alerted Sean Nedd, the Regional Security Officer (RSO) at the U.S. Embassy in Freetown. Below via State/DS:

Freetown, Sierra Leone, did not turn out to be a refuge for Musa Benson Turay. Turay, a U.S. citizen, fled to his place of birth, Freetown, after the United States indicted him in June 2014 for participating in a $43 million tax fraud scheme that involved stealing identities of disabled children and youth in foster care.

But Turay could not escape DSS’ global reach. The DSS Criminal Investigative Liaison branch tracked Turay to Sierra Leone and alerted Sean Nedd, the Regional Security Officer (RSO) at the U.S. Embassy in Freetown, that Turay was using a local cell phone number. Nedd notified the local police, who put a trace on the phone, allowing Sierra Leonean investigators to identify Turay’s general vicinity. Using an online ruse, the officials pinpointed his exact location.

On November 3, 2016, local law enforcement officials arrested Turay, and detained him while the U.S. Department of Justice (DOJ) filed a formal extradition request. Turay fought hard against the request, but lost his appeal on March 9, 2017. The U.S. Marshals, who typically escort fugitives back to the United States, were unable to send deputies to Sierra Leone due to logistical obstacles.

Nedd stepped in to complete the mission. He coordinated with local police, DOJ, U.S. Marshals, Brussels Airlines, and DSS colleagues posted at U.S. embassies in Accra, Ghana, and Brussels, Belgium, to complete the fugitive transfer. Nedd, U.S. Embassy Freetown Assistant RSO Noran Tealakh, and Assistant RSO from Embassy Accra Justin Garofalo boarded the plane and escorted Turay to Brussels. They met the U.S. Marshals in Brussels and transferred Turay to their custody March 21, 2017.

Turay currently awaits trial in the United States for his original tax fraud charge.

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Click here to view the indictment | An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.

 

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Foreign Affairs Day Memorial Plaque Ceremony: John Brown Williams Still Missing

Posted: 2:42 am ET

 

Last year, we blogged about John B. Williams who was  appointed on 10 March 1842 by President Tyler to be United States consul at the Bay of Islands, New Zealand (see Missing From the AFSA Memorial Plaque: John Brown Williams, First American Consul to Fiji (1810-1860).  He was born in Salem, Massachusetts on 20 September 1810, the seventh of nine children of Israel Porter and Elizabeth (Wait) Williams.  In 1860, J.M. Brower, the United States vice consul in Fiji, informed his family that John B. Williams had died of dysentery on 19 June 1860.  Read more herehere and here.

History.state.gov lists him as follows:

Establishment of Consul at Lauthala1844.
Commercial Agent John B. Williams was appointed the first Consul to the Fiji Islands on August 19, 1844. He was resident at Auckland, New Zealand.

On May 5, the new Secretary of State offered remarks at the Foreign Affairs Memorial Day and said he took “solace in the fact that we did not have to add any names to this plaque this year.” Yup, they forgot again to add John Brown Williams’ name on that wall.  We should note the first U.S. envoy to the Far East, Edmund Roberts, who is  listed on the Memorial Plaque also died of dysentery in Macau, China in 1844.

Excerpt from Secretary Tillerson’s remarks.

It’s been my great privilege to take part in the American Foreign Service Association’s Memorial ceremony honoring the service and sacrifice of the men and women who did not make it back. Even amidst the non-stop business of the State Department, and while we work at a pretty torrid pace, I think it is always important to set aside time to pay tribute to our fallen colleagues.

Although he was unable to be here today, President Trump also released a statement sending his greetings and sincere gratitude to all members of the United States Foreign Service and Civil Services at federal agencies here at home as well as at embassies and consulates around the globe. As I have gotten to know the President, I have seen firsthand how much he appreciates – and that appreciation is growing, I assure you – for the work of our hard-working public servants here, and those who serve on behalf of the nation around the world.

Each of the 248 fallen heroes and heroines whose names are engraved on the Memorial Plaque represents a unique individual life, and I think we can never lose sight of that. These men and women had families, they had loved ones they left behind, dreams unlived, plans unrealized. These names span our country’s history. From the beginning of our young republic, Americans have gone abroad representing our country, advancing our interests and values, and raising our flag. Today, I’d like to share with you some of their stories.

The first name on the plaque is William Palfrey. In 1780, this Revolutionary War veteran and former aide to George Washington was unanimously confirmed by the United States Senate to be U.S. consul general to France.
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I do take solace in the fact that we did not have to add any names to this plaque this year, but I know our men and women always put mission first, and though they are judicious and they take the necessary security precautions, there are inherent risks in all we do to advance America’s interest and values to keep our nation safe. As your Secretary, I promise you I will do all I can to make sure we are not forced to add another name to this wall, by making the safety of our people my highest priority, and by asking all of you to do the same, and taking action to bolster the protection of our people around the globe.

We’re tried to locate President Trump’s statement but have been unable to find it. The White House posted four statements on May 5 on its website; there’s nothing there in reference to Foreign Service Day.

05/05/17 Remarks at the Foreign Affairs Day Memorial Plaque Ceremony;  Secretary of State Rex W. Tillerson; Washington, DC

April 2016: Missing From the AFSA Memorial Plaque: John Brown Williams, First American Consul to Fiji (1810-1860)

 

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@StateDept to Outsource Embassy Life Support, Logistics, Maintenance Services Thru DiPSS

Posted: 3:33 am ET

 

It’s called the Diplomatic Platform Support Services (DiPSS).  On January 10, the State Department’s Office of Acquisition Management (AQM) published a notice for the combined synopsis and solicitation for Diplomatic Platform Support Services. The special focus is on the Middle East and South Central Asia regions but the contract also aims to provide “flexibility to support DoS posts and other U.S. Government activities operating throughout the world.”

The contract requires the Contractor to “support DoS activities and programs that may require DiPSS services in locations outside of the physical boundaries of Embassies and Consulates.”  The types of projects under this contract may include, but are not limited to: “food service, maintenance/repair of facilities, full spectrum operations of man camps, sewage and plumbing operations of facilities, leasing properties, refurbishing properties to include upgrading to meet high security requirements, laboratories, dining facilities and related structures, travel services for personnel, to include medical, limited security as deemed necessary by DoS, and insurance.”

Note that the State Department has already done this to our missions in Iraq and Afghanistan.  But it looks like DiPSS could be anywhere in the world as the requirement is for operation & maintenance services at various government installations located “in any country where the U.S. Department of State has a presence.”

 

On April 23, the State Department extended the date for submission of offers from May 5, 2017 to June 15, 2017.

Below is the announcement:

The solicitation may result in multiple awards of an Indefinite Delivery-Indefinite Quantity (IDIQ) type contract in the third quarter of fiscal year 2017. Task orders will be awarded as any type of cost arrangement authorized under FAR Part 16 as appropriate.

The scope of work requires the Contractor to provide Program Management, Procurement of Critical Items, Life Support Services, Logistics Services, Operation and Maintenance Services, Construction and Renovation Projects to U.S. Department of State facilities, and other U.S. Government facilities overseas. The work to be acquired under this solicitation is for logistical service, life & mission support services, and all other operation & maintenance services at various government installations located in any country where the U.S. Department of State has a presence, with a focus on high threat contingency environments. Types of projects may include, but are not limited to: food service, maintenance/repair of facilities, full spectrum operations of man camps, sewage and plumbing operations of facilities, leasing properties, refurbishing properties to include upgrading to meet high security requirements, laboratories, dining facilities and related structures, travel services for personnel, to include insurance.

This acquisition is set aside for small business. The NAICS number applicable to this solicitation is 561210. The Small Business Administration small business size standard is $38.5 million.

The basic contract period of performance will be for 12 months. Each contract contains nine (9) 12-month options for a maximum period of performance of ten years for each contract. The estimated maximum dollar value for all contracts combined, including the base year and all options, is $5,000,000,000. The estimated maximum value may be divided up among contract awardees. The minimum guarantee for a contract is $10,000, which will be paid during the performance period of the contract. Contractors are not guaranteed work in excess of the minimum guarantee.

The Contracting Officer or his properly authorized representative, who will issue written task orders to the contractors, will determine the actual amount of work to be performed and the time of such performance. The only work authorized under the contract is work ordered by the Government through issuance of a task order. The Government makes no representation as to the number of task orders or actual amount of work to be ordered. Each task order issued under an IDIQ contract may have a performance period of up to five years. Task orders will range between $5,000,000 dollars and $50,000,000 dollars on average with the ability to be awarded for as low as $25,000 Task orders may fall below or above this limit; however, contractors are not obligated to accept such task orders under the general terms of the contract.

Overview:

The U.S. Department of State (“DoS,” “State,” or “the Department”) require Diplomatic Platform Support Services (DiPSS) to provide a full range of services for Life Support Services, Logistics Services (LSS&L), and Operations and Maintenance (O&M) services to DoS and other U.S. Government agencies under Chief of Mission Authority and, under special circumstances, non-Chief of Mission activities across the globe. DoS anticipate a large portion of the contract work will focus on locations in the Middle East and South Central Asia contingency environments; however, DiPSS will be available to other Bureaus, Posts, Missions, and potentially agencies operating in other areas.

Minimum and maximum quantities:

The Government, through issuance of Task Order(s) or otherwise, shall pay a one-time minimum of $10,000.00 (inclusive of all direct costs, indirect costs, and profit/fee) within the contract’s period of performance (base period of one year plus nine option periods consisting of one year each).

The combined maximum quantity for the all contracts’ over the potential ten year period of performance (base period of one year plus nine option periods consisting of one year each) shall be any quantity or combination of supplies and services not exceeding $5,000,000,000.00 (inclusive of all direct costs, indirect costs, and profit/fee).

Background:

The DoS operates approximately 250 posts worldwide at any given time; this number changes as global situations dictate. […] Some posts are located in areas that are considered to have a high threat level; including areas with Department of Defense designated contingency operations.

Over the last five years, the AQM awarded 29 acquisition instruments (contracts, purchase orders, blanket purchase agreements, etc.) for Life Support Services & Logistics (LSS&L) and Operations & Maintenance (O&M) services in Middle East and South Central Asia. Several of the acquisition instruments have been relatively narrowly scoped, country or post-specific contracts.
[…]
The DiPSS contract will create opportunities for DoS to augment U.S. Government staff in situations overseas where demand for services exceeds U.S. Mission capacity to support, as well as capture significant savings; achieve economies of scale and promote efficiencies in back-office operations.

The objectives for the DiPSS contract include:

  1. Acquire LSS&L and O&M service and performance outcomes under broad global contracts supporting diplomatic platforms, with a special focus on the Middle East and South Central Asia regions but provide flexibility to support DoS posts and other U.S. Government activities operating throughout the world.
  2. Remove duplicative and unnecessary variations in U.S. Government requirements and inefficient processes to realize cost savings.
  3. Develop a group of highly reliable LSS&L and O&M Contractors, capable of supporting current and future needs of DoS and U.S. Government agencies and offices overseas.

Scope:

The Contractor shall provide the services identified in section C.2 for DoS and/or other U. S. Government agencies operating from diplomatic platforms falling under Chief of Mission (COM) authority or other U.S. Government facilities, as authorized by the DoS. The Contractor must support DoS activities and programs that may require DiPSS services in locations outside of the physical boundaries of Embassies and Consulates.

The Contractor must provide all personnel, equipment, tools, materials, supplies, transportation, supervision, and other services necessary to accomplish the requirements of this IDIQ contract and requirements of Task Orders awarded under this contract.

The work to be acquired under this DIPSS contract is for logistical service, life & mission support services, and all other operation & maintenance services at various government installations located in any country where the U.S. Department of State has a presence, with a focus on high threat contingency environments. Types of projects may include, but are not limited to: food service, maintenance/repair of facilities, full spectrum operations of man camps, sewage and plumbing operations of facilities, leasing properties, refurbishing properties to include upgrading to meet high security requirements, laboratories, dining facilities and related structures, travel services for personnel, to include medical, limited security as deemed necessary by DoS, and insurance.

Here is an item on Safeguarding Information:

The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except in the necessary performance of their duties or upon written authorization of the Contracting Officer. All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use of and become the exclusive property of the U.S. Government. Furthermore, no article, book, pamphlet, recording, broadcast, speech, television appearance, film or photograph concerning any aspect of work performed un- der this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

On Recruitment of Third Country Nationals:

On contracts exceeding $150,000 where performance will require the recruitment of non-professional third country nationals, the offeror is required to submit a Recruitment Plan as part of the proposal.

 

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“Stoned” Guy in the Street Ruins U.S. Embassy Kabul’s Supposed Drug-Free Workplace

Posted: 4:10 am ET

 

The AFP reported last week that six employees of the U.S. Embassy in Kabul have been dismissed for drug use or possession.  The State Department confirmed that “six individuals were involved” but that they are not State Department employees according to AFP. The report does not indicate what drugs were used but Afghanistan remains the world’s top opium producer despite billions of dollar spent by the U.S. government there.

It’s not like this is the first time there have been major personnel issues at the U.S. Embassy in Afghanistan.

Some years ago both American and expatriate Diplomatic Security contract U.S. Embassy guard staff members (including supervisors) appeared naked in numerous photographs and were also photographed fondling each other. These photographed activities took place at parties in or around the guard staff housing compound, and were evidence of, not surprisingly, “a pattern of blatant, longstanding violations of the security contract.” See POGO writes to Secretary Clinton about US Embassy Kabul Guards.

In 2013, the Department of State’s Bureau of Diplomatic Security (DS) went looking for a contractor who would be responsible for administering drug tests to the estimated 1,300 security employees in Kabul. Noting that these “armed employees” in Kabul, who were “exposed to extreme conditions,” needed to be “reliable, stable, and show(ing) good use of judgment,” the cyclical drug testing (every six months) for amphetamines, opiates, benzodiazepines, barbiturates, cocaine, and marijuana was required.  So basically new contractors testing other contractors, see more here: State Dept Seeks Drug/Steroid Testing of Security Personnel in Afghanistan and Jerusalem.

But something obviously went wrong somewhere, hey? Sounds like the twice a year screening did not work. A person who appeared to be intoxicated was apparently noticed “wandering around in a state of confusion.” As a consequence, six U.S. Embassy Kabul mission members have been fired for allegedly using, possessing, and even selling illegal drugs. According to the Wall Street Journal, after investigators identified “the drug dealer” involved, his cellular phone was mined for contacts/leads and extensive searches of the embassy employees’ housing complex were launched, which led to the discovery of yet more drugs and more drug users.

According to the Wall Street Journal, most of the employees who were fired were American employees. Furthermore, this number allegedly includes contractors for Aegis/Garda. It is noteworthy that several years ago, dozens of Embassy Kabul guard staff members signed a petition accusing Aegis/Garda guard staff leaders of “tactical incompetence,” and shared that they had “a dangerous lack of understanding of the operational environment.” These American employees further called attention to serious gaps in the manned security of the compound, such as guard shortages at key guard positions.

In 2013, former Embassy Kabul security guards filed a class-action lawsuit against Aegis, claiming that the company refused to pay them for the overtime that they had worked while in Kabul. Though this lawsuit was later sent to arbitration, Senator Claire McCaskill (D-Mo.) noted her opposition to the State Department’s continued reliance on contractors for embassy security. “We’ve seen failure after failure after failure by these contracted individuals to be competent, professional, and thorough,” she stated.

Note that last year, the housing compound for U.S. Embassy Kabul security personnel was also hit by a bomb (see US Embassy Kabul: January 4 Attacks Target USG Employees at Camp Sullivan).  According to the Project on Government Oversight (POGO), the severity of the blast was significant. The blast radius was 100 meters wide, and the explosion left a crater that was fifteen feet deep. Half of the housing compound was rendered uninhabitable.

Aegis, the security contractor discussed above, was purchased by Garda/GardaWorld in 2015. Canada-based Garda, the world’s largest security services provider, acquired Aegis in order to expand their company presence throughout both the Middle East and Africa. Garda bids aggressively for embassy security contracts in places like Kabul. In 2015, it undercut former contractor Hart Security Australia with a three-year $72.3 million bid for Australia’s Department of Foreign Affairs and Trade (DFAT). In this case, Australian Security staff  reportedly faced a 60% wage reductions to keep their jobs. Read more about that here.

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@StateDept Contractor Pleads Guilty to Stealing USG Money by Falsifying Travel Expense Claims

Posted: 2:43 am ET

 

According to the U.S. Attorney’s Office for the Northern District of Florida, a State Department contractor who worked at USCG Jerusalem has pled guilty to stealing money from the U.S. Government by falsifying his travel expenses. When Timothy James Nelson, the defendant first began working in Jerusalem, the U.S. Department of State Regional Security Office made his hotel arrangements at the Waldorf Astoria Hotel in Jerusalem. The nightly rate at that hotel was $360.00 per night, which was the U.S. Government lodging per diem in Jerusalem.  The Government’s statement of facts alleged that beginning on or about July 3, 2015, the defendant elected to stay at a third location for a cheaper hotel rate but asked for travel reimbursements at the maximum lodging per diem. The defendant was reimbursed a total of $59,300 for five stays of different durations at Jerusalem Apartments. Since he was only charged half of that amount by Jerusalem Apartments, the defendant stole or converted for his own use $29,650 from the U.S. Department of State. See the attached documents below:

Navarre Man Pleads Guilty to Stealing Money from the Government by Falsifying Travel Expense Claims

PENSACOLA, FLORIDA – Timothy James Nelson, 36, of Navarre, Florida, has pled guilty to theft of government funds. The guilty plea was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.

Documents introduced at the time of the guilty plea reflect that, between July 1, 2015, and April 1, 2016, Nelson submitted false travel expense claims for hotel stays to steal $29,650 from the U.S. Department of State. Nelson did so while working as a contractor in Jerusalem for a security company installing and repairing communication equipment in vehicles operated by employees of the U.S. Department of State.

Nelson faces a maximum of 10 years in prison. The sentencing hearing is scheduled for June 16 at 1:00 p.m. at the United States Courthouse in Pensacola.

The case was investigated by special agents from the United States Department of State’s Office of Inspector General (DOS-OIG), Steve A. Linick inspector general. It was prosecuted by Assistant United States Attorney J. Ryan Love.

The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.

Financial Fraud
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Tales From a Small Planet: A Cup of Culture and a Pinch of Crisis, The Food Edition

Posted: 5:56 pm ET

 

If you’ve ever searched for Real Post Reports or Real School Reports when planning your relocation overseas, you might be familiar with Tales From a Small Planet.   Tales from a Small Planet (www.talesmag.com) was created a while back by a group of U.S. Foreign Service community members who had previously collaborated on the “Spouses’ Underground Newsletter” (SUN).  Its candid, and anonymous “real post and school reports” span over 325 cities around the world.

A few months ago, a group supporting Tales  put together a book of essays about expats and their food adventures, A Cup of Culture and a Pinch of Crisis: Tales from a Small Planet: The Food.  The book was edited by Patricia Linderman (former AAFSW President and current Literary Editor at Talesmag),  Nicole Schaefer-McDaniel (AAFSW volunteer and Talesmag volunteer), Katie Jagelski (EFM), and Leah Evans(EFM). Contributors include Foreign Service family members, an FSO and other expats not associated with the Foreign Service.

Below is an excerpt courtesy of Amazon Kindle/Preview:

 

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USA Offers Up to $5 Million #Reward For Information on Joel Shrum Murder in #Yemen

Posted: 2:47 am ET

 

On March 15, in partnership with the U.S. Department of State’s Rewards for Justice program, the FBI announced a reward of up to $5 million for information on the murder of U.S. citizen Joel Wesley Shrum in Ta’izz, Yemen in 2012. The RFJ announcement notes that at the time of his death, Shrum worked at the International Training and Development Center as an administrator and English teacher. He was living in Yemen with his wife and two young children. Below is the FBI announcement:

The FBI Washington Field Office, in partnership with the U.S. Department of State’s Rewards for Justice program, announced today a reward of up to $5 million for information leading to the arrest or conviction in any country of any individual who committed, conspired to commit, or aided or abetted in the commission of, the murder of U.S. citizen Joel Wesley Shrum.

On March 18, 2012, Joel Wesley Shrum, 29, was driving to his place of employment in Ta’izz, Yemen when two gunmen armed with AK-47s approached Shrum’s vehicle on a motorcycle and fired on the vehicle. Shrum was pronounced dead on the scene. Al Qaeda in the Arabian Peninsula (AQAP) claimed responsibility for the murder. The U.S. State Department designated AQAP as a Foreign Terrorist Organization in 2010. At the time of his death, Shrum worked at the International Training and Development Center as an administrator and English teacher. He was living in Yemen with his wife and two young children.

Individuals with information concerning the shooting of Joel Shrum are asked to contact the FBI or the nearest American Embassy or Consulate or submit a tip on the FBI’s website by visiting tips.fbi.gov. Tips can remain confidential. Additional information regarding Joel Shrum, including a seeking information poster with his picture, is available on the FBI’s website at http://www.fbi.gov/wanted/seeking-info or on the U.S. Department of State’s Rewards for Justice program website at www.rewardsforjustice.net.

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Top Philippine Diplomat Perfecto Yasay Ousted Over U.S. Citizenship Controversy

Posted: 3:02 am ET

 

We have a second post on the Philippines, today.  On March 8, the country’s Commission of Appointments (CA) rejected the nomination of Perfecto Yasay Jr. as Secretary of Foreign Affairs. According to CNN, the committee unanimously decided to reject Yasay’s nomination “for lying under oath and that he failed to declare his U.S. citizenship in 1986.”

We’ve listed the FAM citations for renunciation of U.S.citizenship and loss of nationality in the links below. This should be an interesting case study.

Related items:

7 FAM 1280 | LOSS OF NATIONALITY AND TAKING UP A POSITION IN A FOREIGN GOVERNMENT

7 FAM 1260  | RENUNCIATION OF U.S. CITIZENSHIP ABROAD

7 FAM 1220  | DEVELOPING A LOSS-OF-NATIONALITY CASE

7 FAM 1200 APPENDIX B  | U.S. SUPREME COURT DECISIONS ON LOSS OF NATIONALITY

Trump Revokes Travel Ban EO, Reissues New Executive Order For Six Muslim Countries Minus Iraq

Posted: 1:50  am ET

 

On March 6, President Trump issued a new Executive Order that revoked the January 27 order, reissued the ban for the same six countries – Iran, Libya, Somalia, Sudan, Syria, and Yemen, with Iraq excepted.   This new EO has been discussed in detail elsewhere but we just want to note that Section 10 of the new EO talks about “Visa Validity Reciprocity” and how the “Secretary of State shall review all nonimmigrant visa reciprocity agreements and arrangements to ensure that they are, with respect to each visa classification, truly reciprocal insofar as practicable with respect to validity period and fees.”

The United States charges a reciprocal visa issuance fee when a U.S. visa is issued. For example, a Brazilian issued an H1B visa will be charged $100 for a multiple entry, 24 month-visa. Or a Burmese citizen traveling as a tourist to the United States will be charged $32 for a one entry, 3 month validity visa. U.S. citizens traveling to Brazil or Burma will be issued reciprocal validity visas and pay the corresponding visa issuance fees.  These fees are based on the principle of  reciprocity:  when a foreign government imposes fees on U.S. citizens for certain types of visas, the United States will impose a reciprocal fee on citizens of that country for similar types of visas.  But the visa issuance fee which affect a small number of countries/types of visas is not the only fee the the United States charges foreign travelers.

In addition to the reciprocity visa issuance fee that the U.S. charges, it also  collects a visa application fee, also known as the MRV fee. This is a nonrefundable fee paid by most applicants for U.S. visas, whether the application is approved or refused. It covers the costs associated with processing a U.S. visa application.  In FY2015, the U.S. processed 14,013,695 visa applications. Multiply that with the typical MRV fee of $160 for each applicant and that’s revenue of approximately $2.2 billion.

So … how soon before the rest of the world starts charging Americans processing fees in addition to whatever reciprocal visa issuance fees are in the books? And who’s looking at visa workload projection for this fiscal year? What number and fees are we looking at for a big dip?

Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States

EXECUTIVE ORDER

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PROTECTING THE NATION FROM FOREIGN TERRORIST ENTRY INTO THE UNITED STATES

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., and section 301 of title 3, United States Code, and to protect the Nation from terrorist activities by foreign nationals admitted to the United States, it is hereby ordered as follows:

Section 1.  Policy and Purpose. 

(a)  It is the policy of the United States to protect its citizens from terrorist attacks, including those committed by foreign nationals.  The screening and vetting protocols and procedures associated with the visa-issuance process and the United States Refugee Admissions Program (USRAP) play a crucial role in detecting foreign nationals who may commit, aid, or support acts of terrorism and in preventing those individuals from entering the United States.  It is therefore the policy of the United States to improve the screening and vetting protocols and procedures associated with the visa-issuance process and the USRAP.

(b)  On January 27, 2017, to implement this policy, I issued Executive Order 13769 (Protecting the Nation from Foreign Terrorist Entry into the United States).

(i)    Among other actions, Executive Order 13769 suspended for 90 days the entry of certain aliens from seven countries:  Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.  These are countries that had already been identified as presenting heightened concerns about terrorism and travel to the United States.  Specifically, the suspension applied to countries referred to in, or designated under, section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), in which Congress restricted use of the Visa Waiver Program for nationals of, and aliens recently present in, (A) Iraq or Syria, (B) any country designated by the Secretary of State as a state sponsor of terrorism (currently Iran, Syria, and Sudan), and (C) any other country designated as a country of concern by the Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence.  In 2016, the Secretary of Homeland Security designated Libya, Somalia, and Yemen as additional countries of concern for travel purposes, based on consideration of three statutory factors related to terrorism and national security:  “(I) whether the presence of an alien in the country or area increases the likelihood that the alien is a credible threat to the national security of the United States; (II) whether a foreign terrorist organization has a significant presence in the country or area; and (III) whether the country or area is a safe haven for terrorists.”  8 U.S.C. 1187(a)(12)(D)(ii).  Additionally, Members of Congress have expressed concerns about screening and vetting procedures following recent terrorist attacks in this country and in Europe.

(ii)   In ordering the temporary suspension of entry described in subsection (b)(i) of this section, I exercised my authority under Article II of the Constitution and under section 212(f) of the INA, which provides in relevant part:  “Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”  8 U.S.C. 1182(f).  Under these authorities, I determined that, for a brief period of 90 days, while existing screening and vetting procedures were under review, the entry into the United States of certain aliens from the seven identified countries — each afflicted by terrorism in a manner that compromised the ability of the United States to rely on normal decision-making procedures about travel to the United States — would be detrimental to the interests of the United States.  Nonetheless, I permitted the Secretary of State and the Secretary of Homeland Security to grant case-by-case waivers when they determined that it was in the national interest to do so.

(iii)  Executive Order 13769 also suspended the USRAP for 120 days.  Terrorist groups have sought to infiltrate several nations through refugee programs.  Accordingly, I temporarily suspended the USRAP pending a review of our procedures for screening and vetting refugees.  Nonetheless, I permitted the Secretary of State and the Secretary of Homeland Security to jointly grant case-by-case waivers when they determined that it was in the national interest to do so.

(iv)   Executive Order 13769 did not provide a basis for discriminating for or against members of any particular religion.  While that order allowed for prioritization of refugee claims from members of persecuted religious minority groups, that priority applied to refugees from every nation, including those in which Islam is a minority religion, and it applied to minority sects within a religion.  That order was not motivated by animus toward any religion, but was instead intended to protect the ability of religious minorities — whoever they are and wherever they reside — to avail themselves of the USRAP in light of their particular challenges and circumstances.

(c)  The implementation of Executive Order 13769 has been delayed by litigation.  Most significantly, enforcement of critical provisions of that order has been temporarily halted by court orders that apply nationwide and extend even to foreign nationals with no prior or substantial connection to the United States.  On February 9, 2017, the United States Court of Appeals for the Ninth Circuit declined to stay or narrow one such order pending the outcome of further judicial proceedings, while noting that the “political branches are far better equipped to make appropriate distinctions” about who should be covered by a suspension of entry or of refugee admissions.

(d)  Nationals from the countries previously identified under section 217(a)(12) of the INA warrant additional scrutiny in connection with our immigration policies because the conditions in these countries present heightened threats.  Each of these countries is a state sponsor of terrorism, has been significantly compromised by terrorist organizations, or contains active conflict zones.  Any of these circumstances diminishes the foreign government’s willingness or ability to share or validate important information about individuals seeking to travel to the United States.  Moreover, the significant presence in each of these countries of terrorist organizations, their members, and others exposed to those organizations increases the chance that conditions will be exploited to enable terrorist operatives or sympathizers to travel to the United States.  Finally, once foreign nationals from these countries are admitted to the United States, it is often difficult to remove them, because many of these countries typically delay issuing, or refuse to issue, travel documents.

(e)  The following are brief descriptions, taken in part from the Department of State’s Country Reports on Terrorism 2015 (June 2016), of some of the conditions in six of the previously designated countries that demonstrate why their nationals continue to present heightened risks to the security of the United States:

(i)    Iran.  Iran has been designated as a state sponsor of terrorism since 1984 and continues to support various terrorist groups, including Hizballah, Hamas, and terrorist groups in Iraq.  Iran has also been linked to support for al-Qa’ida and has permitted al-Qa’ida to transport funds and fighters through Iran to Syria and South Asia.  Iran does not cooperate with the United States in counterterrorism efforts.

(ii)   Libya.  Libya is an active combat zone, with hostilities between the internationally recognized government and its rivals.  In many parts of the country, security and law enforcement functions are provided by armed militias rather than state institutions.  Violent extremist groups, including the Islamic State of Iraq and Syria (ISIS), have exploited these conditions to expand their presence in the country.  The Libyan government provides some cooperation with the United States’ counterterrorism efforts, but it is unable to secure thousands of miles of its land and maritime borders, enabling the illicit flow of weapons, migrants, and foreign terrorist fighters.  The United States Embassy in Libya suspended its operations in 2014.

(iii)  Somalia.  Portions of Somalia have been terrorist safe havens.  Al-Shabaab, an al-Qa’ida-affiliated terrorist group, has operated in the country for years and continues to plan and mount operations within Somalia and in neighboring countries.  Somalia has porous borders, and most countries do not recognize Somali identity documents.  The Somali government cooperates with the United States in some counterterrorism operations but does not have the capacity to sustain military pressure on or to investigate suspected terrorists.

(iv)   Sudan.  Sudan has been designated as a state sponsor of terrorism since 1993 because of its support for international terrorist groups, including Hizballah and Hamas.  Historically, Sudan provided safe havens for al-Qa’ida and other terrorist groups to meet and train.  Although Sudan’s support to al-Qa’ida has ceased and it provides some cooperation with the United States’ counterterrorism efforts, elements of core al-Qa’ida and ISIS-linked terrorist groups remain active in the country.

(v)    Syria.  Syria has been designated as a state sponsor of terrorism since 1979.  The Syrian government is engaged in an ongoing military conflict against ISIS and others for control of portions of the country.  At the same time, Syria continues to support other terrorist groups.  It has allowed or encouraged extremists to pass through its territory to enter Iraq.  ISIS continues to attract foreign fighters to Syria and to use its base in Syria to plot or encourage attacks around the globe, including in the United States.  The United States Embassy in Syria suspended its operations in 2012.  Syria does not cooperate with the United States’ counterterrorism efforts.

(vi)   Yemen.  Yemen is the site of an ongoing conflict between the incumbent government and the Houthi-led opposition.  Both ISIS and a second group, al-Qa’ida in the Arabian Peninsula (AQAP), have exploited this conflict to expand their presence in Yemen and to carry out hundreds of attacks.  Weapons and other materials smuggled across Yemen’s porous borders are used to finance AQAP and other terrorist activities.  In 2015, the United States Embassy in Yemen suspended its operations, and embassy staff were relocated out of the country.  Yemen has been supportive of, but has not been able to cooperate fully with, the United States in counterterrorism efforts.

(f)  In light of the conditions in these six countries, until the assessment of current screening and vetting procedures required by section 2 of this order is completed, the risk of erroneously permitting entry of a national of one of these countries who intends to commit terrorist acts or otherwise harm the national security of the United States is unacceptably high.  Accordingly, while that assessment is ongoing, I am imposing a temporary pause on the entry of nationals from Iran, Libya, Somalia, Sudan, Syria, and Yemen, subject to categorical exceptions and case-by-case waivers, as described in section 3 of this order.

(g)  Iraq presents a special case.  Portions of Iraq remain active combat zones.  Since 2014, ISIS has had dominant influence over significant territory in northern and central Iraq.  Although that influence has been significantly reduced due to the efforts and sacrifices of the Iraqi government and armed forces, working along with a United States-led coalition, the ongoing conflict has impacted the Iraqi government’s capacity to secure its borders and to identify fraudulent travel documents.  Nevertheless, the close cooperative relationship between the United States and the democratically elected Iraqi government, the strong United States diplomatic presence in Iraq, the significant presence of United States forces in Iraq, and Iraq’s commitment to combat ISIS justify different treatment for Iraq.  In particular, those Iraqi government forces that have fought to regain more than half of the territory previously dominated by ISIS have shown steadfast determination and earned enduring respect as they battle an armed group that is the common enemy of Iraq and the United States.  In addition, since Executive Order 13769 was issued, the Iraqi government has expressly undertaken steps to enhance travel documentation, information sharing, and the return of Iraqi nationals subject to final orders of removal.  Decisions about issuance of visas or granting admission to Iraqi nationals should be subjected to additional scrutiny to determine if applicants have connections with ISIS or other terrorist organizations, or otherwise pose a risk to either national security or public safety.

(h)  Recent history shows that some of those who have entered the United States through our immigration system have proved to be threats to our national security.  Since 2001, hundreds of persons born abroad have been convicted of terrorism-related crimes in the United States.  They have included not just persons who came here legally on visas but also individuals who first entered the country as refugees.  For example, in January 2013, two Iraqi nationals admitted to the United States as refugees in 2009 were sentenced to 40 years and to life in prison, respectively, for multiple terrorism-related offenses.  And in October 2014, a native of Somalia who had been brought to the United States as a child refugee and later became a naturalized United States citizen was sentenced to 30 years in prison for attempting to use a weapon of mass destruction as part of a plot to detonate a bomb at a crowded Christmas-tree-lighting ceremony in Portland, Oregon.  The Attorney General has reported to me that more than 300 persons who entered the United States as refugees are currently the subjects of counterterrorism investigations by the Federal Bureau of Investigation.

(i)  Given the foregoing, the entry into the United States of foreign nationals who may commit, aid, or support acts of terrorism remains a matter of grave concern.  In light of the Ninth Circuit’s observation that the political branches are better suited to determine the appropriate scope of any suspensions than are the courts, and in order to avoid spending additional time pursuing litigation, I am revoking Executive Order 13769 and replacing it with this order, which expressly excludes from the suspensions categories of aliens that have prompted judicial concerns and which clarifies or refines the approach to certain other issues or categories of affected aliens.

Sec. 2.  Temporary Suspension of Entry for Nationals of Countries of Particular Concern During Review Period. 

(a)  The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall conduct a worldwide review to identify whether, and if so what, additional information will be needed from each foreign country to adjudicate an application by a national of that country for a visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual is not a security or public-safety threat.  The Secretary of Homeland Security may conclude that certain information is needed from particular countries even if it is not needed from every country.

(b)  The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall submit to the President a report on the results of the worldwide review described in subsection (a) of this section, including the Secretary of Homeland Security’s determination of the information needed from each country for adjudications and a list of countries that do not provide adequate information, within 20 days of the effective date of this order.  The Secretary of Homeland Security shall provide a copy of the report to the Secretary of State, the Attorney General, and the Director of National Intelligence.

(c)  To temporarily reduce investigative burdens on relevant agencies during the review period described in subsection (a) of this section, to ensure the proper review and maximum utilization of available resources for the screening and vetting of foreign nationals, to ensure that adequate standards are established to prevent infiltration by foreign terrorists, and in light of the national security concerns referenced in section 1 of this order, I hereby proclaim, pursuant to sections 212(f) and 215(a) of the INA, 8 U.S.C. 1182(f) and 1185(a), that the unrestricted entry into the United States of nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen would be detrimental to the interests of the United States.  I therefore direct that the entry into the United States of nationals of those six countries be suspended for 90 days from the effective date of this order, subject to the limitations, waivers, and exceptions set forth in sections 3 and 12 of this order.

(d)  Upon submission of the report described in subsection (b) of this section regarding the information needed from each country for adjudications, the Secretary of State shall request that all foreign governments that do not supply such information regarding their nationals begin providing it within 50 days of notification.

(e)  After the period described in subsection (d) of this section expires, the Secretary of Homeland Security, in consultation with the Secretary of State and the Attorney General, shall submit to the President a list of countries recommended for inclusion in a Presidential proclamation that would prohibit the entry of appropriate categories of foreign nationals of countries that have not provided the information requested until they do so or until the Secretary of Homeland Security certifies that the country has an adequate plan to do so, or has adequately shared information through other means.  The Secretary of State, the Attorney General, or the Secretary of Homeland Security may also submit to the President the names of additional countries for which any of them recommends other lawful restrictions or limitations deemed necessary for the security or welfare of the United States.

(f)  At any point after the submission of the list described in subsection (e) of this section, the Secretary of Homeland Security, in consultation with the Secretary of State and the Attorney General, may submit to the President the names of any additional countries recommended for similar treatment, as well as the names of any countries that they recommend should be removed from the scope of a proclamation described in subsection (e) of this section.

(g)  The Secretary of State and the Secretary of Homeland Security shall submit to the President a joint report on the progress in implementing this order within 60 days of the effective date of this order, a second report within 90 days of the effective date of this order, a third report within 120 days of the effective date of this order, and a fourth report within 150 days of the effective date of this order.

Sec. 3.  Scope and Implementation of Suspension.

(a)  Scope.  Subject to the exceptions set forth in subsection (b) of this section and any waiver under subsection (c) of this section, the suspension of entry pursuant to section 2 of this order shall apply only to foreign nationals of the designated countries who:

(i)    are outside the United States on the effective date of this order;

(ii)   did not have a valid visa at 5:00 p.m., eastern standard time on January 27, 2017; and

(iii)  do not have a valid visa on the effective date of this order.

(b)  Exceptions.  The suspension of entry pursuant to section 2 of this order shall not apply to:

(i)    any lawful permanent resident of the United States;

(ii)   any foreign national who is admitted to or paroled into the United States on or after the effective date of this order;

(iii)  any foreign national who has a document other than a visa, valid on the effective date of this order or issued on any date thereafter, that permits him or her to travel to the United States and seek entry or admission, such as an advance parole document;

(iv)   any dual national of a country designated under section 2 of this order when the individual is traveling on a passport issued by a non-designated country;

(v)    any foreign national traveling on a diplomatic or diplomatic-type visa, North Atlantic Treaty Organization visa, C-2 visa for travel to the United Nations, or G-1, G-2, G-3, or G-4 visa; or

(vi)   any foreign national who has been granted asylum; any refugee who has already been admitted to the United States; or any individual who has been granted withholding of removal, advance parole, or protection under the Convention Against Torture.

(c)  Waivers.  Notwithstanding the suspension of entry pursuant to section 2 of this order, a consular officer, or, as appropriate, the Commissioner, U.S. Customs and Border Protection (CBP), or the Commissioner’s delegee, may, in the consular officer’s or the CBP official’s discretion, decide on a case-by-case basis to authorize the issuance of a visa to, or to permit the entry of, a foreign national for whom entry is otherwise suspended if the foreign national has demonstrated to the officer’s satisfaction that denying entry during the suspension period would cause undue hardship, and that his or her entry would not pose a threat to national security and would be in the national interest.  Unless otherwise specified by the Secretary of Homeland Security, any waiver issued by a consular officer as part of the visa issuance process will be effective both for the issuance of a visa and any subsequent entry on that visa, but will leave all other requirements for admission or entry unchanged.  Case-by-case waivers could be appropriate in circumstances such as the following:

(i)     the foreign national has previously been admitted to the United States for a continuous period of work, study, or other long-term activity, is outside the United States on the effective date of this order, seeks to reenter the United States to resume that activity, and the denial of reentry during the suspension period would impair that activity;

(ii)    the foreign national has previously established significant contacts with the United States but is outside the United States on the effective date of this order for work, study, or other lawful activity;

(iii)   the foreign national seeks to enter the United States for significant business or professional obligations and the denial of entry during the suspension period would impair those obligations;

(iv)    the foreign national seeks to enter the United States to visit or reside with a close family member (e.g., a spouse, child, or parent) who is a United States citizen, lawful permanent resident, or alien lawfully admitted on a valid nonimmigrant visa, and the denial of entry during the suspension period would cause undue hardship;

(v)     the foreign national is an infant, a young child or adoptee, an individual needing urgent medical care, or someone whose entry is otherwise justified by the special circumstances of the case;

(vi)    the foreign national has been employed by, or on behalf of, the United States Government (or is an eligible dependent of such an employee) and the employee can document that he or she has provided faithful and valuable service to the United States Government;

(vii)   the foreign national is traveling for purposes related to an international organization designated under the International Organizations Immunities Act (IOIA), 22 U.S.C. 288 et seq., traveling for purposes of conducting meetings or business with the United States Government, or traveling to conduct business on behalf of an international organization not designated under the IOIA;

(viii)  the foreign national is a landed Canadian immigrant who applies for a visa at a location within Canada; or

(ix)    the foreign national is traveling as a United States Government-sponsored exchange visitor.

Sec. 4.  Additional Inquiries Related to Nationals of Iraq. 

An application by any Iraqi national for a visa, admission, or other immigration benefit should be subjected to thorough review, including, as appropriate, consultation with a designee of the Secretary of Defense and use of the additional information that has been obtained in the context of the close U.S.-Iraqi security partnership, since Executive Order 13769 was issued, concerning individuals suspected of ties to ISIS or other terrorist organizations and individuals coming from territories controlled or formerly controlled by ISIS.  Such review shall include consideration of whether the applicant has connections with ISIS or other terrorist organizations or with territory that is or has been under the dominant influence of ISIS, as well as any other information bearing on whether the applicant may be a threat to commit acts of terrorism or otherwise threaten the national security or public safety of the United States.

Sec. 5.  Implementing Uniform Screening and Vetting Standards for All Immigration Programs.  

(a)  The Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence shall implement a program, as part of the process for adjudications, to identify individuals who seek to enter the United States on a fraudulent basis, who support terrorism, violent extremism, acts of violence toward any group or class of people within the United States, or who present a risk of causing harm subsequent to their entry.  This program shall include the development of a uniform baseline for screening and vetting standards and procedures, such as in-person interviews; a database of identity documents proffered by applicants to ensure that duplicate documents are not used by multiple applicants; amended application forms that include questions aimed at identifying fraudulent answers and malicious intent; a mechanism to ensure that applicants are who they claim to be; a mechanism to assess whether applicants may commit, aid, or support any kind of violent, criminal, or terrorist acts after entering the United States; and any other appropriate means for ensuring the proper collection of all information necessary for a rigorous evaluation of all grounds of inadmissibility or grounds for the denial of other immigration benefits.

(b)  The Secretary of Homeland Security, in conjunction with the Secretary of State, the Attorney General, and the Director of National Intelligence, shall submit to the President an initial report on the progress of the program described in subsection (a) of this section within 60 days of the effective date of this order, a second report within 100 days of the effective date of this order, and a third report within 200 days of the effective date of this order.

Sec. 6.  Realignment of the U.S. Refugee Admissions Program for Fiscal Year 2017.  

(a)  The Secretary of State shall suspend travel of refugees into the United States under the USRAP, and the Secretary of Homeland Security shall suspend decisions on applications for refugee status, for 120 days after the effective date of this order, subject to waivers pursuant to subsection (c) of this section.  During the 120-day period, the Secretary of State, in conjunction with the Secretary of Homeland Security and in consultation with the Director of National Intelligence, shall review the USRAP application and adjudication processes to determine what additional procedures should be used to ensure that individuals seeking admission as refugees do not pose a threat to the security and welfare of the United States, and shall implement such additional procedures.  The suspension described in this subsection shall not apply to refugee applicants who, before the effective date of this order, have been formally scheduled for transit by the Department of State.  The Secretary of State shall resume travel of refugees into the United States under the USRAP 120 days after the effective date of this order, and the Secretary of Homeland Security shall resume making decisions on applications for refugee status only for stateless persons and nationals of countries for which the Secretary of State, the Secretary of Homeland Security, and the Director of National Intelligence have jointly determined that the additional procedures implemented pursuant to this subsection are adequate to ensure the security and welfare of the United States.

(b)  Pursuant to section 212(f) of the INA, I hereby proclaim that the entry of more than 50,000 refugees in fiscal year 2017 would be detrimental to the interests of the United States, and thus suspend any entries in excess of that number until such time as I determine that additional entries would be in the national interest.

(c)  Notwithstanding the temporary suspension imposed pursuant to subsection (a) of this section, the Secretary of State and the Secretary of Homeland Security may jointly determine to admit individuals to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the entry of such individuals as refugees is in the national interest and does not pose a threat to the security or welfare of the United States, including in circumstances such as the following:  the individual’s entry would enable the United States to conform its conduct to a preexisting international agreement or arrangement, or the denial of entry would cause undue hardship.

(d)  It is the policy of the executive branch that, to the extent permitted by law and as practicable, State and local jurisdictions be granted a role in the process of determining the placement or settlement in their jurisdictions of aliens eligible to be admitted to the United States as refugees.  To that end, the Secretary of State shall examine existing law to determine the extent to which, consistent with applicable law, State and local jurisdictions may have greater involvement in the process of determining the placement or resettlement of refugees in their jurisdictions, and shall devise a proposal to lawfully promote such involvement.

Sec. 7.  Rescission of Exercise of Authority Relating to the Terrorism Grounds of Inadmissibility.  The Secretary of State and the Secretary of Homeland Security shall, in consultation with the Attorney General, consider rescinding the exercises of authority permitted by section 212(d)(3)(B) of the INA, 8 U.S.C. 1182(d)(3)(B), relating to the terrorism grounds of inadmissibility, as well as any related implementing directives or guidance.

Sec. 8.  Expedited Completion of the Biometric Entry-Exit Tracking System.

 (a)  The Secretary of Homeland Security shall expedite the completion and implementation of a biometric entry‑exit tracking system for in-scope travelers to the United States, as recommended by the National Commission on Terrorist Attacks Upon the United States.

(b)  The Secretary of Homeland Security shall submit to the President periodic reports on the progress of the directive set forth in subsection (a) of this section.  The initial report shall be submitted within 100 days of the effective date of this order, a second report shall be submitted within 200 days of the effective date of this order, and a third report shall be submitted within 365 days of the effective date of this order.  The Secretary of Homeland Security shall submit further reports every 180 days thereafter until the system is fully deployed and operational.

Sec. 9.  Visa Interview Security.  

(a)  The Secretary of State shall immediately suspend the Visa Interview Waiver Program and ensure compliance with section 222 of the INA, 8 U.S.C. 1202, which requires that all individuals seeking a nonimmigrant visa undergo an in-person interview, subject to specific statutory exceptions.  This suspension shall not apply to any foreign national traveling on a diplomatic or diplomatic-type visa, North Atlantic Treaty Organization visa, C-2 visa for travel to the United Nations, or G-1, G-2, G-3, or G-4 visa; traveling for purposes related to an international organization designated under the IOIA; or traveling for purposes of conducting meetings or business with the United States Government.

(b)  To the extent permitted by law and subject to the availability of appropriations, the Secretary of State shall immediately expand the Consular Fellows Program, including by substantially increasing the number of Fellows, lengthening or making permanent the period of service, and making language training at the Foreign Service Institute available to Fellows for assignment to posts outside of their area of core linguistic ability, to ensure that nonimmigrant visa-interview wait times are not unduly affected.

Sec. 10.  Visa Validity Reciprocity.  The Secretary of State shall review all nonimmigrant visa reciprocity agreements and arrangements to ensure that they are, with respect to each visa classification, truly reciprocal insofar as practicable with respect to validity period and fees, as required by sections 221(c) and 281 of the INA, 8 U.S.C. 1201(c) and 1351, and other treatment.  If another country does not treat United States nationals seeking nonimmigrant visas in a truly reciprocal manner, the Secretary of State shall adjust the visa validity period, fee schedule, or other treatment to match the treatment of United States nationals by that foreign country, to the extent practicable.

Sec. 11.  Transparency and Data Collection.  

(a)  To be more transparent with the American people and to implement more effectively policies and practices that serve the national interest, the Secretary of Homeland Security, in consultation with the Attorney General, shall, consistent with applicable law and national security, collect and make publicly available the following information:

(i)    information regarding the number of foreign nationals in the United States who have been charged with terrorism-related offenses while in the United States; convicted of terrorism-related offenses while in the United States; or removed from the United States based on terrorism-related activity, affiliation with or provision of material support to a terrorism-related organization, or any other national-security-related reasons;

(ii)   information regarding the number of foreign nationals in the United States who have been radicalized after entry into the United States and who have engaged in terrorism-related acts, or who have provided material support to terrorism-related organizations in countries that pose a threat to the United States;

(iii)  information regarding the number and types of acts of gender-based violence against women, including so-called “honor killings,” in the United States by foreign nationals; and

(iv)   any other information relevant to public safety and security as determined by the Secretary of Homeland Security or the Attorney General, including information on the immigration status of foreign nationals charged with major offenses.

(b)  The Secretary of Homeland Security shall release the initial report under subsection (a) of this section within 180 days of the effective date of this order and shall include information for the period from September 11, 2001, until the date of the initial report.  Subsequent reports shall be issued every 180 days thereafter and reflect the period since the previous report.

Sec. 12.  Enforcement. 

(a)  The Secretary of State and the Secretary of Homeland Security shall consult with appropriate domestic and international partners, including countries and organizations, to ensure efficient, effective, and appropriate implementation of the actions directed in this order.

(b)  In implementing this order, the Secretary of State and the Secretary of Homeland Security shall comply with all applicable laws and regulations, including, as appropriate, those providing an opportunity for individuals to claim a fear of persecution or torture, such as the credible fear determination for aliens covered by section 235(b)(1)(A) of the INA, 8 U.S.C. 1225(b)(1)(A).

(c)  No immigrant or nonimmigrant visa issued before the effective date of this order shall be revoked pursuant to this order.

(d)  Any individual whose visa was marked revoked or marked canceled as a result of Executive Order 13769 shall be entitled to a travel document confirming that the individual is permitted to travel to the United States and seek entry.  Any prior cancellation or revocation of a visa that was solely pursuant to Executive Order 13769 shall not be the basis of inadmissibility for any future determination about entry or admissibility.

(e)  This order shall not apply to an individual who has been granted asylum, to a refugee who has already been admitted to the United States, or to an individual granted withholding of removal or protection under the Convention Against Torture.  Nothing in this order shall be construed to limit the ability of an individual to seek asylum, withholding of removal, or protection under the Convention Against Torture, consistent with the laws of the United States.

Sec. 13.  Revocation.  Executive Order 13769 of January 27, 2017, is revoked as of the effective date of this order.

Sec. 14.  Effective Date.  This order is effective at 12:01 a.m., eastern daylight time on March 16, 2017.

Sec. 15.  Severability. 

(a)  If any provision of this order, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this order and the application of its other provisions to any other persons or circumstances shall not be affected thereby.

(b)  If any provision of this order, or the application of any provision to any person or circumstance, is held to be invalid because of the lack of certain procedural requirements, the relevant executive branch officials shall implement those procedural requirements.

Sec. 16.  General Provisions. 

(a)  Nothing in this order shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

 

DONALD J. TRUMP

THE WHITE HOUSE,
March 6, 2017.

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Ex-CIA Sabrina de Sousa Granted Partial Pardon by Italian President Mattarella

Posted: 2:19 am  ET

 

We’ve followed the case of Sabrina de Sousa in this blog since 2009. She previously worked as an FSO for the State Department from 1998 to 2009. In a July 2013 interview with McClatchyDC, Ms. De Sousa confirmed that she worked under cover for the CIA in Milan, Italy.

 

According to the Guardian, the office of Italian President Sergio Mattarella issued a statement late Tuesday saying that De Sousa had been granted a partial pardon. It means a reduction of her four-year sentence of detention by one year.  The statement cited by media reports indicate that De Sousa “would be able to serve her sentence with “alternative measures” to detention, meaning that she could avoid spending any time in jail.”

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