@StateDept Updates FAM For Individuals Serving as Designated Chiefs of Mission

One part of the ARB-Cuba report addressed guidance provided to the chief of mission (see ARB on Havana Syndrome Response: Pray Tell, Who Was in Charge?):
The ARB report reveals: “In exploring the guidance given to the COM regarding his responsibility for the security of all executive branch employees, the Board learned the COM did not have a letter of instruction. Presidentially-appointed, Senate-confirmed ambassadors all receive a letter of instruction from the President detailing their responsibilities. Typically the responsibility for the safety and security of American citizens and U.S. government employees features prominently in these letters. In other posts where a COM is not Senate confirmed, the Department sometimes issues a letter of instruction from the Secretary of State which serves a similar purpose.”
On February 19, 2021, the State Department updated 3 FAM 1420, the Transfer of Office for Chiefs of Mission and Other Principal Officers.  The updated regs actually is in referenced to “Designated Chief of Mission” positions.  Assignments as CdA a.i. to designated COM positions go to the D Committee for approval and are approved by either the secretary or deputy secretary.  See 3 FAH-1 H-2425.8-2(B).  The new updates also notes that Designated COMs must “receive a briefing on intelligence oversight responsibilities from the Bureau of Intelligence and Research (INR) and confirm in writing that they have read and understood the Secretary’s guidance to individuals performing the functions of a COM (3 FAM 1427).”
One section addresses the general policy:
3 FAM 1422  GENERAL POLICY
(CT:PER-1028 ;  02-19-2021)
(State Only)
(Applies to Foreign Service Employees Only)
a. This policy establishes the roles, responsibilities, and processes for ensuring relevant statutory and other requirements are met when designating individuals to serve as Chargé d’Affaires ad interim (CdA a.i.) in the absence of the Chief of Mission (COM).  The requirements set forth in this policy apply regardless of the length of time the individual will be serving as CdA, a.i. This policy also addresses transfer of the principal officer at consulates and interest sections.
b. The term “transfer of office”, as used here refers to the permanent or temporary transfer of the authorities and responsibilities vested in the principal officer for the management of the post and the conduct of its operations.  A permanent transfer of office occurs whenever an officer relinquishes charge of a post and does not expect to resume charge of that post, or whenever directed by the Department.  A temporary transfer occurs whenever an officer relinquishes charge of a post with the expectation of resuming charge of the post.
c.  The legal authorities cited in 3 FAM 1421 support the practice of designating principal officers at certain posts as CdA, a.i., Consul General, or principal officer with COM authority.  These three categories are referred to as Designated Chiefs of Mission (List available at 2 FAH-2 H-112).  Incumbents in Designated COM positions are not appointed by the President with the advice and consent of the Senate and do not have the ambassador title.  They also do not receive a Letter of Instruction by the President. The policy in 3 FAM 1420 also applies to individuals serving as Designated COMs and provides guidance to those individuals on their responsibilities. Designated COMs, like other CdAs, a.i. need approval by the Under Secretary for Management (M) and required guidance and briefings, but because Designated COMs are not filling in during the absence of a COM, the transfer of office provisions in 3 FAM 1420 do not apply.
Another section addresses the criteria for individuals serving as CDAs.  This update says that individuals on a Foreign Service limited non-career appointment  or a while actually employed (WAE) appointment, which is an appointment into the Civil Service, do not qualify as career FSOs and therefore may not serve as CdA, a.i. See 3 FAM 1427 for guidance outlines responsibilities for CdA, a.i.s.
3 FAM 1425  CRITERIA FOR INDIVIDUALS SERVING AS CDA
(CT:PER-1028;  02-19-2021)
a. Any individual serving as CdA pursuant to Section 502(c) of the Foreign Service Act must be a career FSO.  This includes retired career FSOs recalled for service under section 308(a) of the Foreign Service Act. Recall appointments are approved by the director general of the Foreign Service and the individual recalled must also be approved by the Under Secretary for Management (M) in order to serve as CdA, a.i.  Individuals on a Foreign Service limited non-career appointment  or a while actually employed (WAE) appointment, which is an appointment into the Civil Service, do not qualify as career FSOs and therefore may not serve as CdA, a.i.
b. Factors regional bureaus may consider when nominating individuals to serve as CdA, a.i. include: past experience as CdA, a.i. or DCM, experience managing multi-dimensional and complex teams, experience working with the interagency, relevant country and regional experience, number of years of service, and demonstrated ability to mentor and lead staff.
c.  Pursuant to Section 502(c) of the Foreign Service Act and Delegation 462, M approval is required in order for an individual other than a DCM or suitable senior officer at post to serve as CdA, a.i. The regional bureau’s assistant secretary must send an action memo to M identifying the individual identified to serve as CdA, a.i. and outlining the individual’s qualifications and the rationale for designating the individual’s qualifications and the rationale for designating the individual as CdA, a.i.
d. Individuals who serve or are expected to serve as CdA, a.i. for more than 30 consecutive days, including Designated COMs, must also have authorization to access to Sensitive Compartmented Information. Additionally, he/she must receive a briefing on his/her intelligence oversight responsibilities from the Bureau of Intelligence and Research (INR).  If already at post, he/she should contact INR/OPS to receive a secure virtual briefing. 
e. Regional bureaus must ensure that the individual does not travel to post or assume charge until required briefings have been completed.
f.  Prior to departing for post, any individual who will be serving as CdA, a.i. must confirm in writing that he or she has read and understands the Secretary’s guidance to individuals performing the functions of a COM (3 FAM 1427).  If already at post, this written confirmation should be part of the notification process outlined in 3 FAH-1 H-1425.

 

 

U.S. Consulate Nuuk Reopens With Sung Choi as First Consul in Greenland Since 1953

On June 10, 2020, the U.S. Consulate in Nuuk, Greenland reopened for the first time since 1953. Via US Embassy Copenhagen:
Sung W. Choi, Consul
U.S. Consulate, Nuuk, Greenland
Sung Choi is the State Department’s first Consul in Nuuk since 1953.  He previously served at the U.S. Embassy in Copenhagen focused on Greenland-related matters and Danish domestic politics, beginning 2018.  Sung served 2014-2017 in Seoul, South Korea, as the State Department’s primary analyst of political and economic developments in North Korea and on inter-Korean relations; 2010-2012 as a China Desk Officer focused on human rights and Sino-European relations; and 2009 in Shenyang, China as a Vice Consul.  He has received the State Department’s Award for Heroism.
Sung earned an A.B. from Dartmouth College, a M.P.H. from Columbia University, and a J.D. from William & Mary School of Law.  He worked as a corporate lawyer in New York prior to joining the State Department.  Sung is married to Sarah Stephens, and they have two daughters.

 

Trump Appointee, George Floyd’s Death Spark #BLM Protests, Petition in Bermuda

 

On May 27, the State Department announced the appointment of Lee Rizzuto Jr. to be the next Principal Officer at the U.S. Consulate General in Hamilton, Bermuda (see Champion of US Diplomacy Announces Political Donor to be Principal Officer at US Consulate General Bermuda).
Since the announcement, there has been two protests at the consulate, and an online petition expressing solidarity with the  Black Lives Matter movement and calling for the rejection of the Rizzuto appointment. As of this writing, the petition has over 79,000 signatures. The island noted for its sandy beaches and cerulean blue ocean waters has an estimated 2018 population of 71,176.
The Consulate closed on June 1st when the first of two protests took place in front of the consulate (Demonstration Alert – U.S. Consulate General Hamilton, Bermuda, June 1, 2020).

Champion of US Diplomacy Announces Political Donor to be Principal Officer at US Consulate General Bermuda

Updated 1135 am PDT

On January 2018, we posted about the nomination of Leandro Rizzuto to be U.S. Ambassador to Barbados (Prominent Businessman Leandro Rizzuto Jr to be Ambassador to Barbados, But Wait – #ForgotSomething?). The nomination was not acted by the Senate and was resubmitted for renomination by the White House in 2019 (see White House Submits Some @StateDept/Related Agencies Re-nominations to the Senate). This nomination was sent to a GOP majority Senate in the 115th Congress and the 116th Congress with no action from the Senate.  The last actions according to congress.gov for PN136:
01/16/2019: Received in the Senate and referred to the Committee on Foreign Relations
01/03/2020: Returned to the President under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate;
On May 27, 2020, Mr. Pompeo announced the appointment of Lee Rizzuto to be the next Principal Officer at the U.S. Consulate General in Bermuda, a post typically held by career diplomats. Actually, we could not recall a political  appointee at this level in more than a decade of blogging. This position does not require Senate confirmation, which means, they could chuck out the current consul general this week and have this guy packed out and  sent down to the island before the month is over.
Foggy Bottom’s top champion of diplomacy strikes again!
According to its website, “the American Consulate General in Hamilton plays an integral role in Bermuda’s political, social and cultural communities.  The main office is located at “Crown Hill,” a historic property, just outside the city of Hamilton, that is owned by the US Government.  Approximately 40 employees, including the Consul General, Deputy Principal Officer, Consul, U.S. Customs and Border Protection Port Director and officers are assigned to the Consulate General.”
Updated: We understand that the Reagan Administration started the tradition of a political appointee in Bermuda (Thanks K!). In December 1981, Max L. Friedersdorf an assistant to the President for legislative affairs resigned and was announced simultaneously as the next consul general to Bermuda, “a post that usually goes to career Foreign Service employees rather than to political appointees.” 
In 2005, George W. Bush appointed Gregory Slayton as U.S. Consul General to Bermuda (Thanks K2). He was sworn in by United States Secretary of State Condoleezza Rice on August 15, 2005.
Note that Bermuda is a British Overseas Territory in the North Atlantic Ocean. That’s right. The U.S. Consulate General in Hamilton is part of the United States Mission to the United Kingdom.
Anyone told Mr. Rizzuto, a billionaire that he will be reporting to another billionaire, Ambassador Robert Wood Johnson in London?
Also quick question, once Pompeo is done installing a political donor to USCG Hamilton, which post is next? The U.S. Virtual Presence Post in Wales may also be available. For the record, there are 75 more consulates general in the U.S. Foreign Service, and there are still 160 days till election day.
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