AFSA Issues Guidance on the Use of Diplomatic Passports

 

Via afsa.org:

AFSA has seen an increasing number of Foreign Service employees under investigation for possible misuse of their Diplomatic Passports (DPs). To ensure that our members understand the relevant rules for DPs, AFSA issues the following guidance.

General Guidance:

DPs carry the same message from the Secretary of State as do any other passports, i.e. that their bearers be permitted “to pass without delay or hindrance” and be given “all lawful aid and protection.”  However, they also announce that their bearers are abroad on diplomatic assignment with the U.S. government. While traveling abroad with such passports, DP holders not only have a special obligation to respect the laws of the country in which they are present, but they must abide by U.S. government and agency-specific standards of conduct.

In addition to reviewing the guidance below, we suggest all DP holders review the following material:

  • 8 FAM 503.2, Travel with Special Issuance Passports (updated 6/27/2018)
  • 18 STATE 6032, Proper Use of Special Issuance Passports (1/19/2018)
  • 12 STATE 12866, Official and Diplomatic Passports – Notice to Bearers (2/11/2012)

DP Terms of Use:

  • DPs may only be used while their holders are in positions which require such documents, i.e. during official business travel.
  • A DP attests that the bearer is traveling on diplomatic/official business for the U.S. government or is an accompanying family member of such a person.
  • DPs are authorized for any travel on government orders. For example, DPs may be used for R&R or medevac travel.
  • TDY travel should be conducted with DPs and any required visas. DP holders are advised to check with the post in question regarding requirements for entry.
  • DP holders should practice carrying both regular and diplomatic passports while on travel.
  • DPs must be used when entering and exiting the holder’s country of assignment abroad and returning to the U.S. from the country of assignment. Regular (tourist) passports must be used for all personal travel.
  • For all travel, we strongly advise carrying both diplomatic and regular passports and complying with instructions of local immigration authorities, even if those instructions are not necessarily in compliance with this guidance. If this or any other unusual situation occurs involving the use of diplomatic passports, please document the event for your records.

Examples:

  • U.S. diplomat assigned to Country A is taking a personal trip (tourist trip) with his/her family to Country B. The U.S. diplomat, and accompanying family members, must use the DPs for entering/exiting Country A. However, they must use their personal passports (“blue book”) for entering/exiting Country B. Whichever type of passport is used to enter a country must be used to exit that country.
  • U.S. diplomat has completed his/her tour in Country A and is returning to the U.S. with his/her family. The U.S. diplomat and accompanying family members will use their DPs for leaving Country A and entering the U.S.
  • U.S. diplomat assigned to Country A has an official meeting in Country B and then will travel to Country C for tourism. The U.S. diplomat must use the DP to exit Country A and enter and exit Country B. However, the diplomat must use his/her personal passport to enter and exit Country C. The DP will be used to re-enter Country A.

DPs Do Not:

  • Confer diplomatic immunity.
  • Exempt the bearer from foreign laws.
  • Allow the bearer to carry classified or sensitive material across borders.
  • Allow the bearer to avoid questions from foreign immigration or bypass security.
  • Protect their holders from arrest, hazards of war, criminal violence, or terrorism.

To Note:

  • DPs may subject their bearers to increased scrutiny by foreign governments and other entities.
  • Misuse of DPs may be investigated and prosecuted as a violation per 18 U.S.C. 1544.
  • Employees who are found to have misused DPs may also be subject to disciplinary action.
  • Many countries have visa requirements for DPs which exceed those for regular passports.  Guidance can be found here: https://travel.state.gov/content/special-issuance-agency-home/en/spec-issuance-agency.html
  • Taiwan: All travel to Taiwan by executive branch personnel must be with a regular passport.  In addition, executive branch personnel who plan to travel to Taiwan for official purposes must have prior concurrence from the Office of Taiwan Coordination: (202) 647-7711.

More information can be found at the Special Issuance Agency page here.

We understand that the Department of State will issue its own guidance on this topic shortly.

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New U.S. Ambassador Ken Howery Presents His Credentials to King Carl XVI Gustaf of Sweden

 

SDNY Alleges That Political Donors Target a Career U.S. Ambassador For Removal With Sludge People Assist

 

It is no longer news when political donors end up with ambassadorships. We just did not know until today that political donors apparently are now also able to affect the removal or the recall of a career ambassador according to the indictment (see p.8) from the Southern District of New York. The SDNY alleged that these political donors sought assistance from “Congressman-1” in causing the U.S. Government to remove or recall the then U.S. Ambassador to Ukraine (that would be Marie Yovanovitch). The effort was conducted in part at the request of Ukrainian officials.
Congressman-1 has not been indicted nor identified in the indictment. SDNY said that investigations are ongoing.
The recall of Ambassador Yovanovich in May 2019 followed a persistent campaign for her removal among conservative media outlets in the United States. The State Department reportedly told RFE/RL  on May 6,  that Ambassador Yovanovitch “is concluding her 3-year diplomatic assignment in Kyiv in 2019 as planned.” And that “her confirmed departure date in May aligns with the presidential transition in Ukraine,” which elected a new president in April.
We now know that none of that is true. What other truth-sounding stuff are they telling us?
Those who are quick to point out that she was appointed United States Ambassador to Ukraine by President Obama, should know that Ambassador Yovanovitch was first appointed United States Ambassador to Kyrgyzstan by President George W. Bush.  She was also appointed United States Ambassador to Armenia by President George W. Bush, but her tenure in Yerevan, as a career diplomat, spanned the Bush Administration and the  Obama Administration (2008-2011). We’ve seen folks insists on calling her an Obama “holdover,” perhaps they’ll think otherwise if they realize that she was a Bush “holdover” before she became an Obama “holdover. Career people do tend to serve from one administration to the next.
We expect that we’ll hear more about this case in the days ahead. What is clear to us right now is if this could happen to Ambassador Yovanovitch who has over three decades of dedicated service, this could happen to anyone in the U.S. diplomatic service.
Also, Ambassador P. Michael McKinley, Senior Advisor to Pompeo, Quits.
Read the full SDNY Indictment of Lev Parnas and Igor Fruman here (PDF).

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Snapshot: 90-Day Rule For Former Presidential Appointees in the Foreign Service

 

3 FAM 6215  MANDATORY RETIREMENT OF FORMER PRESIDENTIAL APPOINTEES

(CT:PER-594;   03-06-2007)
(State only)
(Applies to Foreign Service Employees)

a. Career members of the Service who have completed Presidential assignments under section 302(b) of the Act, and who have not been reassigned within 90 days after the termination of such assignment, plus any period of authorized leave, shall be retired as provided in section 813 of the Act. For purposes of this section, a reassignment includes the following:
(1) An assignment to an established position for a period of at least six months pursuant to the established assignments process (including an assignment that has been approved in principle by the appropriate assignments panel);
(2) Any assignment pursuant to section 503 of the Foreign Service Act of 1980, as amended;
(3) A detail (reimbursable or nonreimbursable) to another U.S. Government agency or to an international organization;
(4) A transfer to an international organization pursuant to 5 U.S.C. sections 3581 through 3584; or
(5) A pending recommendation to the President that the former appointee be nominated for a subsequent Presidential appointment to a specific position.
b. Except as provided for in paragraph c of this section, a reassignment does not include an assignment to a Department bureau in “overcomplement” status or to a designated “Y” tour position.
c. The Director General may determine that appointees who have medical conditions that require assignment to “medical overcomplement” status are reassigned for purposes of Section 813 of the Foreign Service Act.
d. To the maximum extent possible, former appointees who appear not likely to be reassigned and thus subject to mandatory retirement under section 813 of the Act will be so notified in writing by the Director General not later than 30 days prior to the expiration of the 90-day reassignment period.

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WSJ: Amb. Yovanovitch’s Removal, a Priority For Trump; Pompeo Supported the Move #championofdiplomacy

What do you get after 33 years of dedicated service to your country?

 

Via state.gov:

Marie L. Yovanovitch, a career member of the Senior Foreign Service, class of Minister-Counselor, currently serves as Dean of the School of Language Studies at the Department of State’s Foreign Service Institute, a position she has held since 2014. Ms. Yovanovitch has extensive leadership and management experience, having previously served twice as an ambassador. She also has broad and deep expertise, gained from numerous assignments working on the region, including as Principal Deputy Assistant Secretary (PDAS) and Deputy Assistant Secretary (DAS) in the Bureau of European and Eurasian Affairs (EUR), and as DCM in Ukraine. This range of experience makes her well qualified to return to Embassy Kyiv as Ambassador.

Previously, Ms. Yovanovitch was Deputy Commandant at the Eisenhower School at the National Defense University in Washington, D.C. (2013-2014), and served as EUR PDAS and DAS (2011-2013). Prior to that, she served as U.S. Ambassador to Armenia (2008-2011) and U.S. Ambassador to Kyrgyzstan (2005-2008). She also served as Senior Advisor and Executive Assistant in the Office of the Under Secretary for Political Affairs (2004-2005), and Deputy Chief of Mission at U.S. Embassy Kyiv (2001-2004). Ms. Yovanovitch also served as Deputy Director of EUR’s Russia Desk (1998-2000), Political-Military Officer at U.S. Embassy Ottawa, Canada (1996-1998), and Political Officer at U.S. Embassy Moscow, Russia (1993-1996). After joining the Foreign Service in 1986, Ms. Yovanovitch also served in Somalia, the United Kingdom, the Department’s Operations Center, and in EUR’s Regional Political Military Office.

Ms. Yovanovitch earned a B.A. from Princeton University and a M.S. in Strategic Studies from the National War College. She has won numerous Department of State performance awards. Her languages are Russian and some French.

WaPo Editorial Board: Pompeo is enabling the destruction of U.S. diplomacy

 

Via WaPo Editorial Board:

Mr. Pompeo listened on July 25 while Mr. Trump pressed Ukrainian President Volodymyr Zelensky to investigate that theory as well as the false story that Mr. Biden sought the removal of a Ukrainian prosecutor to protect his son. He listened while Mr. Trump slandered the former U.S. ambassador to Ukraine, Marie Yovanovitch — a dedicated Foreign Service professional — whose tour in Kiev Mr. Pompeo had cut short.
[…]
Mr. Pompeo’s claim that the conversation was “in the context” of long-standing U.S. policy is demonstrably false.

So, too, was Mr. Pompeo’s assertion that a request by House committees for depositions from Ms. Yovanovitch and other State Department officials was improper. Mr. Pompeo claimed the committees had not followed proper procedure or given the officials enough time to prepare. He insisted that State Department lawyers must be present at all depositions to prevent the disclosure of “privileged information.” The House committee chairmen correctly interpreted this bluster: Mr. Pompeo, they said, was “intimidating Department witnesses in order to protect himself and the President.”

Fortunately, one of those witnesses, former special envoy to Ukraine Kurt D. Volker, is due to testify on Thursday, and Ms. Yovanovitch has reportedly been scheduled for next week. They and other State Department professionals should not hesitate to tell Congress the truth about how Mr. Pompeo enabled the destruction of U.S. diplomacy.

Give this guy the “One Team” Award!

Three Congressional Chairs Statement on State/OIG Linick Briefing

 

 

State/OIG Shares Documents With Congress on Misinformation About Amb. Yovanovitch

 

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You may access the report here or read it below: