@StateDept to start requiring Diversity Visa applicants valid, unexpired passports on electronic entry forms

 

On June 5, 2019, the State Department published on the Federal Register an interim final rule requiring alien petitioners for the Diversity Visa Program “to provide certain information from a valid, unexpired passport on the electronic entry form.”

Diversity Visa Program, DV 2016-2018: Number of Entries Received During Each Online Registration Period by Country of Chargeability. (Click on image to see the full pdf document)

Excerpt:

An estimated 14 million aliens register annually for the DV Program through an electronic entry form. The entry form collects information on the petitioner’s full name; date and place of birth; gender; native country, if different from place of birth; current mailing address; and location of the consular post where the diversity visa should be adjudicated, if the petitioner is selected through the DV lottery. The electronic entry form also collects information about the names, dates and places of birth for the petitioner’s spouse and children. The entry process is open to all aliens who are natives of “low-admission” countries without numerical limitation, defined as countries with fewer than 50,000 natives admitted to the United States during the most recent five-year period. After the close of the DV Program entry period, petitioners are selected through a randomized computer drawing (“selectees”) for consideration for one of the 50,000 available diversity visa numbers.

Section 204(a)(1)(I)(iii) of the INA, 8 U.S.C. 1154(a)(1)(I)(iii), vests the Secretary of State with authority to set by regulation the information and documentary evidence to support a petition for entry into the DV Program. The requirements are set out in 22 CFR 42.33.

With this rule, the Department is amending 22 CFR 42.33(b)(1) to require the petitioner to include on the electronic diversity visa entry form the unique serial or issuance number associated with the petitioner’s valid, unexpired passport; country or authority of passport issuance; and passport expiration date. These requirements will apply only to the principal petitioner and not derivatives listed on the entry form. These requirements apply unless the petitioner is either stateless, a national of a Communist-controlled country and unable to obtain a passport from the government of the Communist-controlled country, or the beneficiary of an individual waiver approved by the Secretary of Homeland Security and the Secretary of State, consistent with the passport waivers for immigrant visa applicants provided for in 22 CFR 42.2(d), (e), and (g)(2). A petitioner who does not have a passport and is either stateless, is a national of a Communist-controlled country and unable to obtain a passport from the government of the Communist-controlled country, or has an individual waiver of the passport requirement from the Secretary of Homeland Security and the Secretary of State, must indicate that he or she falls into one of these three circumstances on the electronic entry form, instead of providing passport information. The requirements for information from a valid passport will not be waived under any other circumstances.

Mandatory Disqualification

The Department is also clarifying that failure to accurately include any information required by 22 CFR 42.33(b)(1) and (2) will result in mandatory disqualification of the petitioner for that fiscal year. The existing regulations require the petitioner to submit specific information, including, but not limited to: Name, date of birth, and place of birth for the principal petitioner and any relatives that may accompany the petitioner, if selected to apply for a diversity visa, as well as a digital photo. While these are currently requirements for the diversity visa entry form, existing regulations do not make clear the consequence for failure to provide the information. The revised regulation clarifies that failure to provide the required information, including a compliant photograph, will result in the disqualification of the entry, the petitioner, and derivatives from the DV Program for that fiscal year.

Why is the Department promulgating this rule?

The Department has historically encountered significant numbers of fraudulent entries for the DV Program each year, including entries submitted by criminal enterprises on behalf of individuals without their knowledge. Individuals or entities that submit unauthorized entries will often contact unwitting individuals whose identities were used on selected DV Program entries, inform them of the opportunity to apply for a diversity visa, and hold the entry information from the named petitioner in exchange for payment. Requiring that each entry form include a valid passport number at the time of the DV Program entry will make it more difficult for third parties to submit unauthorized entries, because third parties are less likely to have individuals’ passport numbers. Entries submitted by unauthorized third parties using a duplicative passport number will also be easily identified and automatically disqualified.

Click here to read the entire notice, or for information on where to send comments (accepted up to July 5, 2019).

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@StateDept to Establish a “Commission on Unalienable Rights”

 

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Senate Confirms David Schenker as Assistant Secretary of State for Near Eastern Affairs (NEA)

 

On June 5, the U.S. Senate confirmed David Schenker, of New Jersey, to be an Assistant Secretary of State for Near Eastern Affairs (NEA).  He was confirmed by Yea-Nay Vote. 83 – 11.

Photo by Washington Institute

Below via the Washington Institute:

David Schenker was the Aufzien fellow and director of the Beth and David Geduld Program on Arab Politics at The Washington Institute, a position he held until being confirmed as assistant secretary of state for Near Eastern affairs in June 2019. Previously, he served in the Office of the Secretary of Defense as Levant country director, the Pentagon’s top policy aide on the Arab countries of the Levant. In that capacity, he was responsible for advising the secretary and other senior Pentagon leadership on the military and political affairs of Syria, Lebanon, Jordan, and the Palestinian territories. He was awarded the Office of the Secretary of Defense Medal for Exceptional Civilian Service in 2005.

Prior to joining the government, Mr. Schenker was a research fellow at The Washington Institute, focusing on Arab governance issues and a project coordinator a Bethesda-based contractor of large, centrally-funded USAID projects in Egypt and Jordan. In addition, he authored two Institute books: Dancing with Saddam: The Strategic Tango of Jordanian-Iraqi Relations (copublished with Lexington Books, 2003) and Palestinian Democracy and Governance: An Appraisal of the Legislative Council (2001). More recently, he published a chapter on U.S.-Lebanese relations in Lebanon: Liberation, Conflict, and Crisis (Palgrave, 2009), and Egypt’s Enduring Challenges (2011), a monograph focusing on post-Mubarak Egypt. His writings on Arab affairs have also appeared in a number of prominent scholarly journals and newspapers, including the Wall Street JournalLos Angeles Times, and Jerusalem Post.

M.A., University of Michigan; Certificate, Center for Arabic Study Abroad (CASA), American University in Cairo; B.A., University of Vermont. Fluent in Arabic.

Mr. Schenker succeeds Ambassador Anne Woods Patterson  who served as bureau chief from 2013–2017.  He takes over from Ambassador David Satterfield who has been Acting Assistant Secretary for NEA since September 2017.  Ambassador Satterfield was announced as the President’s pick to be Ambassador to Turkey in February 2019. His nomination was placed on the Senate Executive Calendar on May 2, 2019, and he is currently waiting for a full Senate vote.

Related items:

Burn Bag: Hello! Hello! Anybody Home?

 

Via Burn Bag:

“I’ve been trying for several days to call the OIG hotline. Even though the recording says it is staffed during business hours, I tried several days and always got the recording.  I did find a phone book online called called someone in the OIG office who returned my call but I think there is either a backlog or my information isn’t important.  At least I tried to report potential fraud and mismanagement.”

We asked State/OIG about the Hotline, and we received the following response:

“We take our hotline obligations very seriously, and we review all information that we receive. OIG’s hotline unit is staffed with analysts who receive and review allegations regarding fraud, waste, abuse, mismanagement, or misconduct affecting Department of State and U.S. Agency for Global Media programs and operations. If our hotline staff cannot answer a call during regular business hours, callers are directed to the hotline voicemail, where they should leave a message. Our hotline analysts regularly check those messages. In addition, complainants can use the hotline form on the OIG website at www.stateoig.gov/hotline-form. Once the form is submitted, a message appears on the screen explaining that the complaint was received. Hotline complaints may also be mailed to our office at: U.S. Department of State, Office of Inspector General, P.O. Box 9778, Arlington, VA 22219. As our website explains at www.stateoig.gov/hotline, once we receive a complaint—regardless of the format—we may take a number of different actions, including contacting the complainant for additional information.”

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Snapshot: 3 FAM 1217 Participation of Spouse (in Representational, Charitable, or Social Activities)

 

“Unless working as an employee or contractor, participation of a spouse in the work of a post is a voluntary act of a private person, not a legal obligation which can be imposed by any Foreign Service officer (FSO) or spouse. Nonparticipation of a spouse in representational, charitable, or social activities in no way reflects on the employees effectiveness on the job.”

Cite: 3 FAM 1217
(CT:PER-924;   09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service Employees Only)

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U.S. Civil Rights Commission Examines Sexual Harassment in Federal Govt (State, NASA) #FedMeToo

 

On May 9, 2019, the U.S. Commission on Civil Rights held a public hearing in Washington, D.C. to examine the Equal Employment Opportunity Commission’s (EEOC) enforcement efforts to combat workplace sexual harassment across the federal government, including the frequency of such claims and findings of harassment, the resources dedicated to preventing and redressing harassment, and the impact and efficacy of these enforcement efforts. The briefing also examined agency-level practices to address sexual harassment at the U.S. Department of State and the National Aeronautics and Space Administration (NASA). Commissioners heard from current and former government officials, academic and legal experts, advocates, and individuals who have experienced harassment.

Below is the video of the event. The State Department portion starts at the 2 hour mark. After listening to the State Department representative OCR’s Gregory Smith presentation in this hearing, we’re now actually curious about the kind of training he is talking about. It almost sound as if he’s waving the State Department training as a magic wand.  And after everything he said during the hearing, we are no closer in understanding what specifically is involved in their sexual harassment training.

Also, apparently, according to the State Department rep, they “strongly enforced” steps against people taking any type of retaliation but … admitted under questioning by the USCCR that “no one has been  fired” for retaliation (3:07 mark). Well, now …

Jenna Ben-Yehuda, the President and CEO of the Truman National Security Project and a former State Department employee also spoke at this hearing as well as Stephen T. Shih, NASA’s Associate Administrator for Diversity and Equal Opportunity.  Both were impressive.  This is worth your time, and don’t miss the Q&A at the end.

Morning Session: https://www.youtube.com/watch?v=K0GjPYRAsHQ . (includes State, NASA Reps)
Afternoon Session: https://www.youtube.com/watch?v=OOZqWFIimoQ (includes CRS rep, NSF)
Public Comments: https://www.youtube.com/watch?v=KgEFjUr3gHE . (includes USDOJ, State FSO)

The Commission says it routinely seeks public comments on the substance of its briefings. The public comment period is 30 days following the date of the hearing or briefing, unless provided otherwise.  Since the public briefing: “Federal Me Too: Examining Sexual Harassment in Government Workplaces” occurred on May 9, the  Commission will accept written materials until June 10 for consideration as they prepare their report on the subject. Please submit no later than June 10, 2019 to sexualharassment@usccr.gov or by mail to: Staff Director/Public Comments, U.S. Commission on Civil Rights, 1331 Pennsylvania Ave. NW, Suite 1150, Washington, DC 20425.

We understand that the USCCR has asked employees (and the public) for information about:

  • the culture surrounding the reporting of harassment in State and other agencies
  • the reporting process, and
  • new tools that can be used to address the issue
  • prevention of harassment
  • suggestions how to increase enforcement of existing regulations against harassment
USCCR said during the public comment portion that interested parties may submit materials for the Commission’s consideration, including anonymous submission (mark 13.14). Those who are submitting comments with their names attached may want to inquire about privacy/confidentiality for the reporting individual and material as the USCCR will be releasing a public report at some point. An employee  speaking on background notes that individuals who signed NDAs with State may also wish to consult with  a lawyer before writing to the USCCR. We’re not equipped to give legal advice and we think it’s prudent to consult with a lawyer on the limitations on what is shareable to USCCR given the uniqueness of each sexual harassment case.

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The Havana Syndrome in the News, and Some Questions For Foggy Bottom’s New “M”

 

The Havana Syndrome remains a mystery and a subject of interest. But the latest report via Buzzfeed suggests that “much of the early research into the mystery may have been botched or biased.”

The initial investigation was confined to two competing sets of researchers, both eager to publish studies on their own work, and whose findings have been at odds with each other. In one case, researchers were also seeking to promote their own newly approved medical device as a diagnostic tool. And until now, the effort has lacked broader oversight by an institution capable of cross-disciplinary research.

“The fundamental problem is you can’t trust anybody here,” said medical ethicist Sergio Litewka of the University of Miami, who has written about the political cloud of secrecy and distrust surrounding the diplomats’ injuries. “Not the US State Department and not the Cuban government.” (BuzzFeed has filed a lawsuit with the State Department requesting its communications related to the medical research into the injuries, after the agency denied a request for them on medical privacy and ongoing investigation grounds.)

Can somebody please ask the new “M” Brian Bulatao what’s his plan about this matter going forward?  Can an “America First” policy over everything afford to have this medical mystery just go unsolved? What happened to the Accountability Review Board reportedly convened by the former Secretary of State Rex Tillerson. The ARB process doesn’t stop when the secretary of state is fired via tweet, does it?  What happens to those affected? What happens to those affected who were not employed by the U.S. government (spouses and children)? What happens if those affected leave their jobs voluntarily or involuntarily?  What arrangements are made in terms of medical care? What’s the plan if a similar incident were to happen at another part of the globe?

We missed this 4-part report from Canada:

The Havana Syndrome, Part 3: Insiders say ordeal has ‘struck a nerve’ in Canada’s diplomatic community

The Havana Syndrome, Part 4: What it could be and how experts will try to crack the case

Diplomatic Security Memorial: Ten U.S. Embassy Kabul Guards Killed in Truck Bomb #OTD #2017

 

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U.S. Embassy Honduras Cancels Routine Services For June 3-7 After Protesters Torch Access Gate

 

Protesters in Honduras set the access gate to the U.S. Embassy in Tegucigalpa on fire with tires doused with fuel according to Reuters. The report says that “the protesters chanted “American trash, American trash” outside the embassy, which was not being guarded at the time.”

CNN notes that “the fire was extinguished by mid-afternoon, and a State Department spokesperson later said no embassy personnel were injured in the incident.”

The U.S. Embassy was not being guarded at the time of the protest?

As of 1 am EST, we have not been able to find an official statement from Foggy Bottom. US Embassy Honduras CDA Heide Fulton did release a statement (see below) and announced the suspension of routine consular services for next week due to the fire damage.