Amb. Donald Lu to be Asst Secretary for South and Central Asian Affairs (State/SCA)

Once a year, we ask for your support to keep this blog and your dedicated blogger going. So here we are on Week #7 of our eight-week annual fundraising. Our previous funding ran out in August 2020. We recognize that blogging life has no certainty, and this year is no exception.  If you care what we do here, please see GFM: https://gofund.me/32671a27.  We could use your help. Grazie!  Merci! Gracias!

 

On April 23, 2021 President Biden announced his intent to nominate Ambassador Donald Lu  to be the next Assistant Secretary for the Bureau of South and Central Asian Affairs. The WH released the following brief bio:

Donald Lu, Nominee for Assistant Secretary, Bureau of South and Central Asian Affairs, Department of State

Donald Lu, a career member of the Senior Foreign Service, Class of Minister-Counselor, has been U.S. Ambassador to the Kyrgyz Republic since 2018. Previously, Lu was U.S. Ambassador to Albania. He has also served as Deputy Chief of Mission, U.S. Embassy New Delhi, India, Deputy Chief of Mission and the Chargé d’affaires, U.S. Embassy Baku, Azerbaijan and Deputy Chief of Mission, U.S. Embassy Bishkek, Kyrgyz Republic. Earlier, Lu was the Deputy Director, Office of Central Asian and South Caucasus Affairs, for the Department of State and, before that, the Special Assistant to the Ambassador for the Newly Independent States. He also held postings in India, Georgia, and Pakistan. Lu earned M.A. and B.A. degrees from Princeton University. He is the recipient of the Rockwell Anthony Schnabel Award for advancing U.S.-European Union relations. Ambassador Lu speaks and reads Albanian, Russian, Azerbaijani, Georgian, West African Krio, Hindi and Urdu.

According to history.state.gov, the Foreign Relations Authorization Act for Fiscal Years 1992 and 1993 (P.L. 102-138; 105 Stat. 658) authorized the appointment of an Assistant Secretary of State for South Asian Affairs on October 28, 1991. Previous appointees to this position are as follows:
SES William Todd served as Acting A/S for SCA in 2017. On January 3, 2019, Trump nominated Robert Williams, a former Defense Intelligence Agency official for the SCA bureau. The nomination was withdrawn by the president on April 11, 2019.
SFSO Alice G. Wells served as Acting A/S from 2017-June 2020. After Ambassador Wells’ departure, DAS Thomas L. Vajda served as the South and Central Asian Bureau’s “senior bureau official on an interim basis.” SFSO Dean Thompson has been Acting A/S since January 20, 2021.
If confirmed, Ambassador Lu would be the first Senate-confirmed assistant secretary to lead the bureau since 2017.  Also with Ambassador Lu’s nomination, Foggy Bottom now has  one non-career appointee (EUR), one retired FS (NEA), and five active career Foreign Service officers  (WHA, EAP, AF, IO, SCA) expected to lead the State Department’s geographic bureaus.

###

SCA Acting Asst Secretary Alice Wells to Retire After 31 Years of Service

 

USG Rapatriates Forfeited Funds From Bakiyev Regime to the Kyrgyz Republic

Posted: 2:05 am EST

 

On February 26, USDOJ announced the repatriation of stolen assets to the Kyrgyz Republic “from the corruption and theft of government funds” by the regime of second President of Kyrgyzstan, Kurmanbek Bakiyev and his youngest son, Maxim Bakiyev. Bakiyev was ousted from office in 2010 during a public revolt and according to the BBC, father and son had been granted political asylum in Belarus.

The U.S. Department of Justice repatriated stolen assets to the Government of the Kyrgyz Republic arising from the corruption and theft of government funds by the prior regime of Kurmanbek Bakiyev and his son Maxim Bakiyev.  The return of the funds was celebrated yesterday in a ceremony in Bishkek, Kyrgyz Republic attended by Ambassador Alice G. Wells, the head of the Bureau of South and Central Asian Affairs for the Department of State and U.S. Ambassador to the Kyrgyz Republic, Donald Lu.

These funds were identified in the United States in the criminal prosecution of Eugene Gourevitch for insider trading in the U.S. District Court for the Eastern District of New York and a $6 million forfeiture order was subsequently entered by the Court.  Following the conviction in the prosecution led by the U.S. Attorney’s Office for the Eastern District of New York, the Kyrgyz Government filed a Petition for Remission with the U.S. Department of Justice, Money Laundering and Asset Recovery Section, claiming that the funds subject to the forfeiture order traced back to monies stolen by Maxim Bakiyev from Kyrgyz state authorities and other banking institutions.  On Oct. 4, 2018, the Department of Justice granted the Remission Petition.

So far, approximately $4.5 million of the funds have been collected and are approved for repatriation of the $6 million ordered to be forfeited will be repatriated.  These funds will be deposited  in the account of  the Government of the Kyrgyz Republic (“current account of the Central Treasury of the Ministry of Finance of the Kyrgyz Republic in the National Bank of the Kyrgyz Republic”).  MLARS attorneys working in the Kleptocracy Asset Recovery Initiative assisted in the investigation linking these funds to the corruption offenses in Kyrgystan.  Additional efforts will be made by the U.S. Government and the Government of the Kyrgyz Republic to try to locate and return the remainder of the stolen assets in the forfeiture order.

Read more here: Justice Department Rapatriates Forfeited Funds to the Government of the Kyrgyz Republic

#

@StateDept Spox Talks About Visa Refusals, Oh Dear!

Posted: 3:01 am ET
[twitter-follow screen_name=’Diplopundit’]

 

Via the Department Press Briefing:

(No longer daily, now rebranded, and better than ever)

QUESTION: Well, does that mean parole – the fact that parole had to be used would suggest – and let’s just put it in a – not in this specific context, because you won’t talk about these visas specifically – would suggest that the reason for ineligibility stands, that – in other words, that if parole is the only way a person can get into this country, that the decision made by the consular officers at post stands.

MS NAUERT: The consular officers – as I understand it, under law and the way that they handle visa adjudications, once a visa is denied, that that is not able to be reversed, that that decision is not able to be reversed.

QUESTION: Right. In other words – so the decision that was made at post that these girls or anyone was ineligible for a visa stands. So —

MS NAUERT: I can’t comment – I cannot —

QUESTION: — then one wonders why the immigration law is such that it determines or that someone looking at it determines that a bunch of teenage Afghan girls are somehow a threat to the United States or are somehow a – somehow – or otherwise ineligible for an American visa.

MS NAUERT: I think commenting on that, as much as I would like to be able to share with you more about this – you know I can’t. You know I can’t because it’s a visa confidentiality, but I can tell you that it is not reversible once a consular affairs officer denies someone’s visa. DHS took it up; they have the ability to do so. Anything beyond that, DHS would have to answer that.

QUESTION: Right. But I mean it remains the State Department’s position that someone who can only get into the country on this parole – on parole is ineligible for a visa, correct?

MS NAUERT: I wouldn’t conflate one with the other. That is DHS. That’s a different department. That’s a different kind of program. That’s not a program that we administer here. Okay?

QUESTION: But State Department denied the visas twice before the parole was granted.

MS NAUERT: I can’t comment on that. Again, that would come under visa confidentiality. DHS made its decision, and so we are now glad that the girls are coming to the United States and wish them well.

QUESTION: But would that initial decision be reviewed, then, and whatever —

MS NAUERT: I know that our people at very senior levels in Afghanistan were involved in this, and I’ll just leave it at that. Okay?

QUESTION: So if parole – if visa – if visa information is completely confidential and you can’t discuss it, why is parole information available? And then why didn’t you give parole to the —

MS NAUERT: That’s a – you have to talk to DHS about that. Again, that’s a DHS program.

NOW THIS — tales of visa confidentiality:

In fairness to the State Department, the agency did not release any statement about its issuance of a visa to the current central player of the Russian controversy. The Department of Homeland Security did that on its own in a statement to BuzzFeed News last week when DHS cited the issuance of a B1/B2 nonimmigrant visa by the U.S. Department of State in June 2016.

#

 

Related items:

9 FAM 403.10-4  (U) OVERCOMING OR WAIVING REFUSALS

INA 291 places the burden of proof upon the applicant to establish eligibility to receive a visa.  However, the applicant is entitled to have full consideration given to any evidence presented to overcome a presumption or finding of ineligibility.  It is the policy of the U.S. Government to give the applicant every reasonable opportunity to establish eligibility to receive a visa.  This policy is the basis for the review of refusals at consular offices and by the Department.  It is in keeping with the spirit of American justice and fairness.  With regard to cases involving classified information, the cooperation accorded the applicant must, of course, be consistent with security considerations, within the reasonable, non-arbitrary, exercise of discretion in the subjective judgments required under INA 214(b) and 221(g).

Humanitarian or Significant Public Benefit Parole for Individuals Outside the United States

Individuals who are outside of the United States may be able to request parole into the United States based on humanitarian or significant public benefit reasons.

#