@StateDept Extends “Ordered Departure” Status for Consulate Adana/Izmir Prov Through July 26, 2016

Posted: 4:33 am ET

 

The State Department issued a new Travel Warning for Turkey:

  • The Department of State extended its March 29, 2016 ordered departure of family members of U.S. Government personnel posted to the U.S. Consulate in Adana and family members of U.S. Government civilians in Izmir province through July 26, 2016.  The Department of State terminated its March 29, 2016 ordered departure declaration for Mugla province. The U.S. Consulate in Adana remains open and will continue to provide all routine consular services.
  • U.S. Government personnel in Turkey remain subject to travel restrictions in the southeastern provinces of Hatay, Kilis, Gaziantep, Sanliurfa, Sirnak, Diyarbakir, Van, Siirt, Mus, Mardin, Batman, Bingol, Tunceli, Hakkari, Bitlis, and Elazig.  U.S. citizens should avoid areas in close proximity to the Syrian border.
  • U.S. government employees in Turkey are permitted to leave their residences and hotels, but advised to do so during daylight hours given calls for sustained pro-government rallies in public spaces and the possibility that demonstrations and protests could ensue or turn violent with little notice.
  • The U.S. Department of State warns U.S. citizens of increased threats from terrorist groups throughout Turkey and to avoid travel to southeastern Turkey.    In light of the July 15 coup attempt and its aftermath, we suggest U.S. citizens reconsider travel to Turkey at this time.

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Domestic Assault, Reporting Requirement Under 2 FAM 272, and a Troublesome Comma

Posted: 4:22 am ET

This is a grievance case about a domestic assault, an arrest, and a punctuation:

Grievant is a tenured FP-02 Financial Management Specialist, employed by the Department of State as a Regional Financial Management Officer at the REDACTED at the Executive Office of the REDACTED. He has been employed by the Department since 1997, serving both overseas and domestically.

On June 29, 2013, grievant was arrested in REDACTED on a charge of domestic assault against his wife. Grievant’s former wife reported this arrest to the Department; however, when grievant’s current spouse told authorities that the incident was a misunderstanding, the charges were dropped on July 22, 2013. On August 6, 2013, the Department of Diplomatic Security (DS) obtained a copy of the arrest report and began investigating grievant’s failure to report the incident.

DS issued a Report of Investigation (ROI), dated January 14, 2014 and on December 12, 2014, the Director of the Office of Employee Relations (HR/ERCSD) notified grievant of a proposal to suspend him for a period of five (5) calendar days without pay on a charge of Failure to Follow Policy, citing 12 FAM 272. Grievant submitted a written response to the proposal on February 20, 2015, claiming that he did not realize that he had to report the arrest because the regulation is not clear. In any event, he claimed, the arrest was reported by his ex-wife and the charges were dropped within weeks of the arrest. Finally, he claimed that the penalty was too harsh, in light of his confusion about the mandate. After reviewing grievant’s response, the Deciding Official concluded that grievant knowingly failed to report his arrest immediately after it occurred and that he was on notice of his obligation to report the arrest, both because of the “clarity” of the regulation and because grievant had previously made a mandatory report under this same provision in 2010. In the end, the Deciding Official did not credit the reasons offered by grievant and sustained the charge on April 3, 2015.

Grievant argues that the wording of 12 FAM 272 is “far from clear.” He contends that the Department’s construction of the regulation is unfair because it relies on either removing or ignoring punctuation that totally changes the meaning of the provision.

12 FAM 272 states in pertinent part:

b. Employees must immediately report information of a potentially . . . derogatory nature . . . concerning their . . .

(2) Adverse involvement with law enforcement agencies to include:

(a) Arrests, other than minor traffic violations, for which a fine or forfeiture of $150 or more was imposed, or
(b) Arrests for “driving under the influence” [DUI] or “driving while intoxicated [DWI].

c. Arrests must be reported in a timely fashion (i.e., within 72 hours) and must not be delayed pending the conclusion of any judicial action.

[…]
The Department argues that 12 FAM 272 b should be interpreted to require disclosures by cleared employees of any and all arrests, including two traffic offenses — DUI and DWI. The only exception to this rule of mandatory disclosure, according to the Department, is that an employee is not required to disclose “minor traffic violations for which a fine or forfeiture of $150 or more is imposed.”

The agency contends that this regulation required grievant to disclose the fact of his arrest for domestic assault because it was not for a minor traffic violation. The Department concedes that “the specifics of 12 FAM 272(b) could be more precisely worded,” and “the wording of 12 FAM 272(b) could be improved,” but insists that grievant had sufficient notice that he was  required to report his arrest. The Department lastly argues that under both sections 272 b and 272 c, grievant should have reported his arrest immediately, that is, within 72 hours of his “adverse involvement with law enforcement.”

Here is the full section of the Foreign Affairs Manual:

12 FAM 272  REPORTING ADVERSE FINANCIAL SITUATIONS AND CERTAIN ARRESTS
(CT:DS-143;   02-12-2009)

a. Employees should use good judgment and discretion in recognizing and avoiding situations and/or behavior that would call into question their judgment, reliability, and trustworthiness to safeguard information and to hold a position of trust and responsibility.

b. Employees must immediately report information of a potentially derogatory nature to the Director, Office of Personnel Security and Suitability (DS/SI/PSS) concerning their:

(1)  Wage garnishments, credit judgments, repossessions, tax liens, bankruptcies, and/or intentions to file for bankruptcy; or

(2)  Adverse involvement with law enforcement agencies to include:

(a)  Arrests, other than minor traffic violations, for which a fine or forfeiture of $150 or more was imposed; or

(b)  Arrests for “driving under the influence” or “driving while intoxicated.”

c.  Arrests must be reported in a timely fashion (i.e., within 72 hours) and must not be delayed pending the conclusion of any judicial action.

d. Employees with information they believe may have a bearing on another individual’s eligibility for access to classified information, as listed in 12 FAM 233.2, should report that information to the Director, DS/SI/PSS.

e. Reporting pursuant to this section should be in writing and directed to the Director, DS/SI/PSS, and may be either faxed to (571) 345-3191 or sent by mail to DS/SI/PSS, Attn: Director, 11th floor, SA-20.  Reports may also be emailed to DSDirectorPSS@state.gov.

f.  Cleared contractors must report information listed in paragraphs b, c, and d of this section to the Industrial Security Division (DS/IS/IND).  See 12 FAM 576.4 for additional adverse information reporting requirements.

The FSGB disagrees with the Department interpretation:

The critical language is “[a]rrests, other than minor traffic violations, for which a fine or forfeiture of $150 or more was imposed. . . .” The Department argues that this language should be interpreted as if the second comma were not there. That is, the agency would have us read the provision to require disclosure of: “(a) [All] arrests, other than minor traffic violations for which a fine or forfeiture of $150 or more was imposed. . . .” We find that while this may have been what was intended, the first rule of statutory construction is to give the words of the enactment their plain and ordinary meaning, presumably as punctuated, unless there is a clear contrary intent expressed.
[…]
We conclude that whatever the intent of the drafters, a clear delineation of what arrests are required to be reported was not captured in the language of the section 272 b(2)(a). We also conclude that both parties’ interpretations leave serious questions about which arrests were intended to be disclosed and which ones did not have to be reported.

12 FAM 270 was last updated on March 9, 2015.

Read the FSGB case below:

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Senate Confirmations: Hall, Silverman, Perez, Pyatt, Silliman, Yovanovitch

Posted: 1:57 am ET

On July 14, the U.S. Senate confirmed the following executive nominations

2016-07-14 PN1264 Lithuania Anne Hall, of Maine, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Lithuania.

2016-07-14 PN1374 Kuwait | Lawrence Robert Silverman, of Massachusetts, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the State of Kuwait.

2016-07-14 PN1423 Chile | Carol Z. Perez, of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Chile.

2016-07-14 PN1491 Greece | Geoffrey R. Pyatt, of California, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Greece.

2016-07-14 PN1492 Iraq | Douglas Alan Silliman, of Texas, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Iraq.

2016-07-14 PN1493 Ukraine | Marie L. Yovanovitch, of Connecticut, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Ukraine.

The following nominees remain pending on the Senate’s Executive Calendar:

STATE DEPARTMENT

Amos J. Hochstein, of the District of Columbia, to be an Assistant Secretary of State (Energy Resources), vice John Stern Wolf.  Mar 10, 2016 Reported by Mr. Corker, Committee on Foreign Relations, without printed report.

Peter Michael McKinley, of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Federative Republic of Brazil.  Jul 14, 2016 Reported by Mr. Corker, Committee on Foreign Relations, without printed report.

OVERSEAS PRIVATE INVESTMENT CORPORATION

Nelson Reyneri, of Washington, to be a Member of the Board of Directors of the Overseas Private Investment Corporation for a term expiring December 17, 2018, vice Matthew Maxwell Taylor Kennedy, term expired.  Jun 23, 2016 Placed on the Calendar pursuant to S.Res. 116, 112th Congress.

UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY

Douglas Barry Wilson, of Delaware, to be a Member of the United States Advisory Commission on Public Diplomacy for a term expiring July 1, 2017, vice Elizabeth F. Bagley, term expired. Jun 10, 2016 Placed on the Calendar pursuant to S.Res. 116, 112th Congress.

EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT

Catherine Ann Novelli, of Virginia, to be United States Alternate Governor of the European Bank for Reconstruction and Development, vice Robert D. Hormats, resigned.  Mar 10, 2016 Reported by Mr. Corker, Committee on Foreign Relations, without printed report.

INTERNATIONAL MONETARY FUND

Janet L. Yellen, of California, to be United States Alternate Governor of the International Monetary Fund for a term of five years, vice Ben S. Bernanke, term expired.  Jun 25, 2015 Reported by Mr. Corker, Committee on Foreign Relations, without printed report.

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U.S. Embassy Dhaka: Now on “Authorized Departure” For Family Members of USG Personnel

Posted: 3:39 am ET

On July 10, the State Department updated its Travel Warning for Bangladesh and announced the voluntary evacuation of family members of U.S. personnel posted to the U.S. Embassy in Dhaka:

The Department of State warns U.S. citizens to consider carefully whether you need to travel to Bangladesh, in light of the latest attack in a series of extremist events.  Effective July 10, 2016, the Department of State authorized the voluntary departure of family members of U.S. government personnel posted to the U.S. Embassy in Dhaka.  The U.S. Embassy in Dhaka remains open and will provide all routine consular services.  The U.S. government assesses that the terrorist threat is real and credible.

bg-map

On July 1, 2016, attackers killed more than 20 people in a restaurant frequented by foreigners in Dhaka’s diplomatic enclave, including one U.S. citizen.  Other attacks continue to be carried out against religious minorities, bloggers, publishers, and security forces throughout the country.  Daesh (also referred to as ISIL, or ISIS) and Al Qaeda in the Indian Subcontinent (AQIS) have publicly claimed credit for various attacks since September 2015.

U.S. citizens should take stringent security measures, remain vigilant, and be alert to local security developments.  Be aware that U.S. government officials and their families currently are not permitted to:

  • visit public establishments or places in Bangladesh
  • travel on foot, motorcycle, bicycle, rickshaw, or other uncovered means on public thoroughfares and sidewalks in Bangladesh
  • attend large gatherings in Bangladesh

Read the full announcement here.

 

Related posts:

 

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UK Appoints “Sly Fox” #BoJo as New Foreign Secretary, Reactions From @Number10Cat and Others

Posted: 3:34 am ET

Here’s the man of the hour:

#BoJo has a long history of saying, well, undiplomatic things. He called George W. Bush “a cross-eyed Texan warmonger, unelected, inarticulate, who epitomizes the arrogance of American foreign policy.” Da Donald? “The only reason I wouldn’t visit some parts of New York is the real risk of meeting Donald Trump.” Read on.

Then there’s this one about his visit to Iraq in January 2015.

Perhaps it’s time for the FCO to join Foreign Service Problems (@FS_Problems), Canadian Foreign Service Problems (@cdnfsproblems) and Gifplomacy (though no longer updated by the French dips)?

Whitehall’s Chief Mouser, Palmerton (@DiploMog) did exercise appropriate restraint at the announcement, but Number 10’s Larry the Cat was pretty harsh:

Meanwhile —

This video via the BBC profiling BoJo is quite interesting and dare we say it … entertaining. The “sly fox” masquerading as a teddy bear. Have a look.

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Officially In: Joseph R. Donovan, Jr. — From AIT/DC to the Republic of Indonesia

Posted: 3:02 am ET

On July 13, President Obama announced his intent to nominate Joseph R. Donovan, Jr., to be the next U.S. Ambassador to the Republic of Indonesia. The WH released the following brief bio:

Joseph R. Donovan Jr., a career member of the Foreign Service, Class of Minister-Counselor, is Managing Director of the Washington Office of the American Institute in Taiwan, a position he has held since 2014. Previously, Mr. Donovan served as Foreign Policy Advisor to the Chairman of the Joint Chiefs of Staff at the Pentagon from 2012 to 2014, Associate Professor at the National Defense University in Washington, D.C. from 2011 to 2012, and Principal Deputy Assistant Secretary in the Bureau of East Asian and Pacific Affairs at the Department of State from 2009 to 2011. He was the U.S. Consul General in Hong Kong from 2008 to 2009, Deputy Chief of Mission at the U.S. Embassy in Tokyo, Japan from 2005 to 2008, and Director of the Department of State’s Office of Chinese and Mongolian Affairs from 2003 to 2005. Prior to that, Mr. Donovan was Political Section Chief at the Taipei Office of the American Institute in Taiwan from 2000 to 2003 and Political/Military Unit Chief at the U.S. Embassy in Tokyo, Japan from 1997 to 2000.Earlier assignments in the Foreign Service include posts in Taiwan, China, South Korea and Qatar.Before joining the Foreign Service, he served as a Peace Corps Volunteer in Seoul, South Korea.

Mr. Donovan received a B.S.F.S. from Georgetown University’s School of Foreign Service and an M.A. from the U.S. Naval Postgraduate School.

Joseph Donovan, the Managing Director of AIT’s Washington office, met with President Ma Ying-jeou at the Presidential Office on February 10, 2015. (Photo by AIT/Flickr)

Joseph Donovan, the Managing Director of AIT’s Washington office, met with President Ma Ying-jeou at the Presidential Office on February 10, 2015. (Photo by AIT/Flickr)

If confirmed, Mr. Donovan would succeed career diplomat, Robert O. Blake, Jr. who was appointed ambassador to Jakarta on July 30, 2013.

 

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U.S. Embassy Juba: 47 Troops Ordered to South Sudan, 130 Pre-Positioned in Djibouti

Posted: 2:19 am PT

 

On July 13, President Obama informed Congress of the deployment of U.S. Armed Forces personnel to the U.S. Embassy in Juba, South Sudan.

In response to the deteriorating security situation in South Sudan, I have ordered the deployment of additional U.S. Armed Forces personnel to South Sudan to support the security of U.S. personnel, and our Embassy in Juba. The first of these additional personnel, approximately 47 individuals, arrived in South Sudan on July 12, 2016, supported by military aircraft. Although equipped for combat, these additional personnel are deployed for the purpose of protecting U.S. citizens and property. These deployed personnel will remain in South Sudan until the security situation becomes such that their presence is no longer needed. Additional U.S. Armed Forces, including approximately 130 military personnel currently pre-positioned in Djibouti, are prepared to provide support, as necessary, for the security of U.S. citizens and property, including our Embassy, in South Sudan.

On July 13, Embassy Juba also announced two charter flights that will depart Juba for Entebbe, Uganda on Thursday, July 14. Passengers are expected to make onward travel plans themselves. A security message issued previously notes that “seating is very limited”  and that the mission “cannot guarantee availability.”  Passengers are limited to one piece of luggage (20 kg/45 lbs) each.  Pets are not included in the charter flights.  Passengers who are not documented with a valid U.S. passport “will likely not be considered for boarding.”

 

Germany and the EU have completed the evacuation of its citizens on July 13.  The UK and India are in the process of also evacuating their citizens from South Sudan.

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US Embassy Juba: Two Charter Flights For U.S. Citizens to Depart on July 14

Posted: 1:11 pm ET

The U.S. Embassy in Juba sent an emergency message to U.S. citizens in South Sudan informing them on two charter flights departing from Juba to Entebbe (Uganda) on Thursday, July 14.

Evacuation Flights from Juba Beginning | July 13, 2016

The U.S. Embassy in Juba informs resident American citizens that two charter flights will be departing Juba to Entebbe on July 14. U.S. citizens wishing to depart on the first flight should arrive to the airport at 8:30 a.m. to be processed. U.S citizens wishing to depart on the second flight should arrive no later than 12:30 p.m. to be processed.

The U.S. Embassy will not collect money for this flight; however, all passengers will be required to complete and sign a DS-5528 promissory letter for the fare. The amount of the loan will be the cost of a full fare ticket from Juba to Entebbe (approximately USD250). You must arrange your own transportation to the airport and onward from Juba. Due to ongoing security concerns, please remain vigilant when moving about the city.

Notice to all passengers: (1) Bring a valid travel document (passport); (2) you are restricted to one small carryon; and (3) no pets will be allowed. The Embassy continues to monitor the situation and will update you as appropriate.

Read What the Department of State Can and Can’t Do in a Crisis.

 

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FSJ: Tandem Couples — Till Reassignment Do Us Part, the 30th Annual Edition

Posted: 4:02 am ET

The current issue of the Foreign Service Journal includes a piece on tandem couples in the State Department. The article is written by  FSO Fred Odisho who joined the Foreign Service as a political-coned officer in January 2014. He has been separated from his tandem spouse for their first four years in the Foreign Service, and he is looking forward to reuniting with her in the summer of 2017 for their second assignment.  His co-author is USAID FSO Whitney Dubinsky who joined the Foreign Service in 2010 through USAID’s Development Leadership Initiative. Her spouse joined the Foreign Service “after two years of being unable to find meaningful employment at post.”

Excerpt:

Representative of the larger society, Foreign Service families come in all forms, each with its own unique challenges. The dynamic of the modern family has changed dramatically over the past 30 years. The percentage of family members working outside the home has steadily increased. More and more possess professional degrees and experience in a variety of fields. Not surprisingly, they possess traits similar to those of their Foreign Service spouses. In the face of these changes, have Foreign Service policies supporting the modern family kept pace?

For tandem couples—the term for families in which both spouses are members of the Foreign Service—the answer to this question is a resounding no. Little has changed since The New York Times published an article in 1986 titled “State Department; Till Reassignment Do Us Part?” describing the challenges facing tandem couples of that era. Being able to be assigned together was and still is the greatest challenge plaguing the members of any tandem couple. The threat of having to split up their family and children remains ever-present.
[…]
Tandem couples are not trying to circumvent the worldwide availability requirement. They acknowledge that directed assignments are not limited to entry-level employees but are also possible for mid-level and senior-level employees, as witnessed during the wars of the past decade. They understand and accept that they, like all their peers, may have to shoulder one of these directed assignments that may necessitate serving in an unaccompanied capacity.

In fact, one could argue that the unofficial motto of most tandems is, “It’s not a matter of where we serve … so long as we can serve together.” Just like everyone else, we signed up for worldwide availability, not worldwide separation—especially separation that is not directed and is based solely on the luck of the bidding draw.
[…]

The Quadrennial Diplomacy and Development Review says that the federal government takes “work-life balance seriously and will continue to support our employees as they balance their commitment to service with personal wellness and family life. Work-life balance is critical to retaining the best talent.” It is time for senior management to not only say these words but to take substantive action.

Read in full: Tandem Couples: Serving Together, Apart via the Foreign Service Journal’s July/August 2016 issue.

 

Related posts:

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Snapshot: Foreign Service Family Member Population Overseas (April 2016)

Posted: 3:02 am ET

Via state.gov/flo – April 2016 report.  The previous report dated November 2015 puts that overseas population at 11,678 with the same breakdown at 77% female and 23% male.

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