@StateDept Now Has an Official Bio For New Counselor of the State Department Maliz E. Beams

Posted: 12:26 am ET
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On August 23, 2017, we blogged about the appointment of the new Counselor of the State Department (see Former Voya Financial CEO Maliz Beams Reportedly Appointed @StateDept Counselor).

We don’t  recall ever seeing a public announcement of this appointment. The new bio page of Ms Beams indicates that she was appointed to this position on August 17, 2017. We recall searching but not finding her official bio on state.gov. We found it this week. This position reports directly to the Secretary of State, and does not require Senate confirmation.

Via state.gov

The Counselor of the Department, Maliz E. Beams, is a principal officer who serves the Secretary as a special advisor and consultant on major problems of foreign policy and who provides guidance to the appropriate bureaus with respect to such matters. The Counselor conducts special international negotiations and consultations, and also undertakes special assignments from time to time, as directed by the Secretary.

Below is the official bio published by the State Department:

Maliz E. Beams was appointed as Counselor to the Department of State on August 17, 2017. Ms. Beams was the CEO of VOYA Financial Retirement Services, the largest publicly-traded retirement company, for several years. She previously served as President & CEO of TIAA Institutional and Individual Client Services, LLC and as President of Global Business Development for Zurich Scudder Investments. She also held senior management positions at Fleet Bank (now Bank of America), American Express, and Citibank.

Ms. Beams led highly successful organizational transformations in a variety of financial services industry sectors. She was named one of the nation’s Most Powerful Women in Finance – including six years in the top 10 – by American Banker. She was also honored by Legal Momentum for her work on shaping laws and policies that affect gender equality; and she has been listed in the Who’s Who of American Women.

Ms. Beams currently serves on several nonprofit and public company boards including: Columbia Business School’s Executive Board of Financial Studies; New England Aquarium’s Board of Directors; Mount Auburn Hospital-Harvard Medical Teaching Hospital; Vestigo Ventures’ Advisory Board; and Cetera Financial Services Board of Directors. In the past, she has also served on the boards of the Junior Achievement Worldwide Global Board of Governors and The Employee Benefits Retirement Institute.

A native of Boston, Ms. Beams earned her Bachelor Degree from Boston College and completed her post graduate Special Studies in Strategic Planning at Harvard University. She holds a Master of Business Administration degree from Columbia University.

 

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SecState Who Was Called a Dog, Reportedly Called POTUS an “F-ing Moron” #RealLife

Posted: 4:10 am ET
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Less than 48 hours after Secretary Tillerson was called Donald Trump’s dog (see WaPo’s Dana Milbank Goes Scooby-Doo Slap-A-Lympics on Tillerson – Holy Bow Wow!), NBC News was out with a scoop where Secretary Tillerson was reported to have called POTUS a  “moron” this past summer (see Tillerson’s Fury at Trump Required an Intervention From Pence). So then Mr. Tillerson, fourth in line to the throne, excuse me, the presidency, came out to speak to his long lost friends in the media in Foggy Bottom.

He starts with expressing his commitment to the success of President Trump:

There were some news reports this morning that I want to address. First, my commitment to the success of our President and our country is as strong as it was the day I accepted his offer to serve as Secretary of State. President Trump’s “America first” agenda has given voice to millions who felt completely abandoned by the political status quo and who felt their interests came second to those of other countries. President Trump’s foreign policy goals break the mold of what people traditionally think is achievable on behalf of our country.

He spent a paragraph of his remarks addressing the “erroneous” reporting involving the VP though he did not talk about that Nikki Haley part of the report helpfully provided on the record by his comm advisor:

To address a few specifics that have been erroneously reported this morning, the Vice President has never had to persuade me to remain the Secretary of State because I have never considered leaving this post. I value the friendship and the counsel of the Vice President and I admire his leadership within President Trump’s administration to address the many important agendas of President Trump, both from a foreign policy perspective and a diplomatic – I’m sorry, a domestic objective.

This presser is clearly intended for an audience of one. His  speechwriters get points for calling POTUS “smart” and remembering to include the “America First” slogan:

Let me tell you what I’ve learned about this President, whom I did not know before taking this office. He loves his country. He puts Americans and America first. He’s smart. He demands results wherever he goes, and he holds those around him accountable for whether they’ve done the job he’s asked them to do. Accountability is one of the bedrock values the President and I share.

Oops … and this!

While I’m new to Washington, I have learned that there are some who try to sow dissension to advance their own agenda by tearing others apart in an effort to undermine President Trump’s own agenda. I do not and I will not operate that way, and the same applies to everyone on my team here at the State Department.

His full statement is here.

Congrats to Tillerson’s speechwriters. It worked!

Click here for the State Department spox Heather Nauert who officially denied from the podium that the Secretary of State called the President of the United States a “moron.”  For the record, the reporter  said “My source didn’t just say he called him a moron. He said he called him an f-ing moron.” 

We’d like to know what kind of talking points Public Affairs is sending out to the field so our diplomats overseas can respond to their host countries’ inquiries, and whether they’re allowed to wear brown paper bags over their heads.

One reporter asked during the Daily Press Briefing, “Tillerson’s own spokesperson came out and walked back information that he had given to that story that apparently wasn’t accurate. And he said that he spoke out of line about conversations that he was not privy to. So that seems to me that he contributed inaccurate information to that story. On another occasion he denied conversations had happened between the State Department and the White House that multiple sources told us did happen, including a White House source. So how can we believe what the State Department says did or did not happen when Tillerson’s own spokesperson seems to be putting information out there that is not necessarily accurate?”

The spox’s response: “Honesty, being forthright, integrity is something that the Secretary has spoken to often. That is a value that he holds very close and very dear.[…] My colleague issued some tweets in response to that. I think I certainly share his sentiment in that he regrets those. His statement say that he spoke out of line about conversations he wasn’t privy to.”

The reporter pursued the question: “But if he’s giving information to a reporter that is categorically false on what seems to be now two occasions, how does the Secretary feel about his own spokesperson?”

The spox’s response:  “I have not asked the Secretary that question.”

Um … “why not?”

AND NOW THIS —

We all know that this is not going to be the end of this exhausting drama. We’re just gonna stock on this shirt in our bunker so we’ll have a permanently screaming owl on our chest 24/7 from hereon (via Amazon Affiliate).

 

@StateDept Corrections Over Tillerson’s Afghanistan Remarks Get an Easy “F”

Posted: 10:07 am PT
Updated: 7:00 pm PT
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Via state.gov:

The published corrections actually need corrections:

Tillerson: Our Afghan ambassador [1] is remaining on the job at this time.
[1] State Dept Correction: The U.S. ambassador to Pakistan remains in position.

Let’s help with the correction: In the absence of a Senate-confirmed Ambassador to Afghanistan, Special Chargé d’Affaires to Afghanistan is Ambassador Hugo Llorens; he remains on the job.  The most recent Senate-confirmed COM was P. Michael McKinley; he departed post in December 2016. Afghanistan and Pakistan are two different countries.

“Our Afghan ambassador”  –  The U.S. Ambassador to Afghanistan is not the “Afghan Ambassador.” Any “Afghan Ambassador” is an Afghan who represents Afghanistan and holds office at the Embassy of the Islamic Republic of Afghanistan either in Washington, D.C. or at whatever country he is accredited to. While “Afghanistan Ambassador” is not wrong, there’s really no usefully correct way of abbreviating “U.S. Ambassador to Afghanistan,” or, for that matter, any country.  It is way too easy to cause confusion, not just in the title, but whom the Ambassador represents.  A “U.S. Ambassador” to anywhere is an American who represents the United States. The “Afghan Ambassador” is not.

Tillerson: We have a Pakistan ambassador [2] that’s been nominated; we hope to have that person cleared through the process soon.
[2] State Dept Correction: A nominee for U.S. ambassador to Afghanistan has been named.

Let’s help with the correction: The current U.S. Ambassador to Pakistan is Ambassador David Hale who was  confirmed as Ambassador to the Islamic Republic of Pakistan on August 5, 2015. As far as we can tell, no nominee has been announced as new ambassador to Pakistan. The current U.S. Ambassador to Turkey John Bass has been nominated to be the next ambassador to Afghanistan.  Afghanistan and Pakistan are two different countries.

Tillerson: And even in the transition in Afghanistan, as Ambassador Hale [3] transitions out, we’ve nominated Ambassador Bass.
[3] Correction: Chargé d’Affaires Ambassador Hugo Llorens remains in position.

Sigh! Special Chargé d’Affaires to Afghanistan Ambassador Hugo Llorens remains in position. Ambassador Llorens was appointed to Kabul in December 2016. Which could mean he will stay on as DCM after Ambassador John Bass is confirmed, or he will transition out when his tour concludes in January if he’s on a 13 month assignment. Ambassador Hale is the chief of mission at the US Embassy in Pakistan. Afghanistan and Pakistan are two different countries. Period.

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Deputy Secretary Sullivan’s Town Hall With @StateDept Employees Now in Gifs

Posted: 3:09 am ET
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On August 8, while Secretary Tillerson remains on travel, Deputy Secretary John Sullivan had a town hall with employees at the State Department.  The event was closed to the press though there was one report filed soon after it concluded. We’ve got thoughts about this, so we wrote Why Tillerson Not Sullivan Needs the Town Hall: Morale Is Bad, “S” is Accountable.

Now, we think that this town hall was put together in a hurry to counter the deluge of bad press that’s been flooding our inboxes about the State Department, and Secretary Tillerson in particular. Why do we think that? Because Mr. Sullivan, who we’re told is personable and likable, was not as prepped as he should have been if this was appropriately planned. Secretary Tillerson is on travel from August 5-9, so a wait of 48-72 hours after his return to hold a town hall would have been feasible. But somebody must have decided that the negative reports have reached a tipping point and that they must be addressed before Tillerson returns to office. So now that his deputy has held one, Secretary Tillerson no longer has to do one. Or not immediately. According to Mr. Sullivan, Secretary Tillerson will do one in three months, “He’s going to do one in three months, and it will be the same format as I used today.”

The State Department obviously want the press corps to write about the town hall, how the deputy secretary is taking questions from employees, and answering them, and to impress upon media folks that things are going well in Foggy Bottom. And yet, the event was closed to the press. We are guessing that the State Department wanted good press clips, but did not really want members of the media to witness the question and answer. Unscripted things happen in those events, sometimes embarrassing ones and reporters could write up those stuff. And then you have a bigger fire.

As far as we are aware, no video was posted of the town hall and no transcript was made publicly available, though there are a few photos. But after the event concluded, the State Department made Deputy Secretary Sullivan available for On-the-Record Briefing With the State Department Press Corps.  We’re hearing from Mr. Sullivan, but we’re not hearing from the folks who asked him questions. See the interesting gap there? In any case, here are the things that we found notable from Mr. Sullivan’s on-the-record briefing. We’ll address the interesting gap next time.

Hitting on all cylinders!

John J. Sullivan: “So we’ve been very busy; he’s been very busy, supported by our great Foreign Service and Civil Service here at the State Department. So the notion that’s been out in the press and in the media of a hollowed-out State Department that is not effective, I think, is counterfactual, and the fact that the Secretary and the department have been able to accomplish what they have is evidence of the fact that we are hitting on all cylinders even though we don’t have the full complement of political appointees that we should have.”

 

 

Frozen, who’s frozen?

JJS: “I don’t think anyone would say – no one here would say that we’re pleased by the fact that we don’t have more of our under secretary and assistant secretary slots filled, but we’re working hard to do that. Those slots are not being – those slots are not being frozen or not filled because of the redesign that’s underway. […] So I think the last stat I saw was that we have roughly 60 percent of the unders and assistant secretaries slots either confirmed, nominated, or in the process, so getting – undergoing the security clearance review and so forth. And we hope to get all of those slots filled as quickly as we can.”

Is @StateDept Reporting Its Vacant Positions Under the Vacancies Reform Act? Barely, According to GAO Database

via tenor.com

 

Five working groups — who are you people?

JJS: “But the redesign is in midstream. It’s really the – we’ve really hit our stride, and this month is going to be a key one for the working groups that are leading the effort on – there are five working groups that are leading the effort on redesigning the State Department. And I’d be happy to give you a little more detail on that if you would like to hear about that. […] So whether it was the mission statement that I was talking about earlier, the draft mission statement, to reorganization of the – of bureaus, that’s all going to be fed up through this redesign process, employee-led, and with input over time this month – later this month from other interested stakeholders, whether it’s senior leaders of bureaus in the department, union – unions – AFSA, for example, OMB, members of Congress. So we’re going to be as transparent as possible as we go forward and reach final decisions on these issues, and eventually implement them.”

COMMENT: Oh, yes, we’re interested on more details about these working groups. Who are in these five working groups? How were they selected? Who selected them? How transparent was the selection? Where can we find their names? How long are they expected to work in these groups. Have they been detailed to these groups or are these their collateral duties?

Growing Body of Work on Rex Tillerson’s Stewardship of the State Department

Why ‘Rexit” Is Not Happening Anytime Soon, in Rex Tillerson’s Own Words

via tenor.com

 

Hold on, the noise is coming from the building!

JJS: “I am from Boston and a New England Patriots fan, and those of you who know football know Bill Belichick’s motto is: Do your job and don’t pay attention to the noise out there. But in this town, it’s kind of hard to miss when your friends and colleagues start calling you and emailing you about the latest article that appeared.”

 

Helllooooo A/GIS/DIR – show yourself!

JJS: “And what we’ve discovered is that over the last seven years or more there have been hundreds of delegations of authority that no one had kept track of and there was no central either registry or system so that a current assistant secretary would know exactly what had been delegated to her or to him.”

COMMENT: Per regulations dated March 1, 2010, the State Department’s Office of Directives Management (A/GIS/DIR) under the Bureau of Administration (presently carrying on without an Assistant Secretary) manages the Department of State’s Delegations of Authority Program. It processes delegations of authority for publication in the Federal Register, and — get this — maintains the Department’s inventory of delegations of authority, including the Web-based Delegation of Authority Database.  So A/GIS/DIR assigns appropriate serial numbers to delegations of authority and maintains the Department’s records of official delegations. In addition, A/GIS/DIR maintains an electronic listing and database of all current and rescinded Department delegations on the A/GIS/DIR website.

WHO KNEW? 

Via Imgur

 

John, call your office now!

JJS: “So there are elements of truth in some of these stories, whether it’s about the delegation of authority or about the mission statement, but then they’re twisted in a way that makes it sound as though the Secretary is out of touch, mismanaging, whatever. [….] So I think there’s really a misperception both of the department and what we’re doing and his role in the department.”

COMMENT: The State Department should have every opportunity to respond to stories we write about it. They lost that opportunity when they banned this blog and refused to respond to email inquiries. See our original post on delegations of authority: Tillerson Rescinds Delegated Authorities Department-Wide, Further Gums Up Foggy Bottom). See our follow-up here: Making Sense of Tillerson’s Rescinded Delegations of Authority @StateDept/ .

As recently as last week, we asked about a specific case regarding a DS agent accused of rape and stalking. But all there are … are crickets (See A Woman Reported to Diplomatic Security That She Was Raped and Stalked by a DS Agent, So What Happened?). Hey, we’ve also asked about the “Naughty List” but still got crickets ….so anyways, we got work to do …

 

Noooo! Not the 1960’s or why Colin Powell should call in to protest

JJS: “I – once I asked – I won’t name him by name, because I don’t want to drag him into a news story, but I asked a retired, very senior Foreign Service officer – I had lunch with him not – just before I got – just before I came on board here. I asked him about what he knew about morale at the State Department, and he said morale at the State Department is very low. He said, “It was low when I started in 1960 and it’s still low. It’s the nature of the State Department.”

COMMENT: We wrote a bit about Colin Powell here: Why Tillerson Not Sullivan Needs the Town Hall: Morale Is Bad, “S” is Accountable.

 

Congrats, it was all for nothing!

JJS: “I think it’s almost 800 EFMs that have been approved since this – the hiring freeze was imposed.”

COMMENT: We’ve said this before and we’ll say this again. Whether the State Department is successfully reorganized or not, there will remain a need for community liaison coordinators, security escorts, consular associates, mailroom clerks, security coordinators, etc. at our overseas posts. So the freeze on these jobs did not make a whole lot of sense in the first place. But it did make life at overseas posts more difficult for employees who have to cover for these unfilled positions, and make for distressed diplomatic spouses who already suffer from extended under employment when they go overseas.

See Unemployment Status of @StateDept Family Members Overseas (4/2017) #ThanksTillerson

Oy! That Rumor About Foreign Service Family Member Employment as “Corporate Welfare”;
Are #EFM positions literally about to become…extinct under #Tillerson’s watch?;
No thaw in sight for @StateDept hiring freeze until reorganization plan is “fully developed”

 

Making Ops Center Watchstanders’ Lives Easier Soon!

JJS: “We don’t put a lot of – we don’t have a huge budget for things. We have a budget for people and we’re going to organize ourselves better, to use our people better, to – excuse me, to put our people and our employees in a position to do their jobs more effectively and efficiently, and to make their – make their jobs, their professional lives easier.”

COMMENT: The State Department is making folks’ professional lives easier already. And it’s starting with the watchstanders at the Operations Center. The State Department has directed that Ops tours should now be two years instead of 13 months. The nomination request cable went out already. For the first time ever, the Ops Center will have officers working insane shifts on two year rotations 24/7. More on that later. And they’re making lives easier for families, too. We’ve been hearing issues with umbrella schools for homeschooling families and issues with allowances related to Foreign Service children with special needs.

Image via Canadian Foreign Service Problems

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Looky at the Daily Press Briefings: “The Lowest-Profile State Department in 45 Years”

Posted: 1:18 am ET
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@StateDept Spins the Russia Sanctions, Fails to Impress Regular Folks

Posted: 12:01 am ET
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Tillerson Rescinds Delegated Authorities Department-Wide, Further Gums Up Foggy Bottom

Posted: 12:19 am ET
Updated: 9:05 pm PT
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According to the Foreign Affairs Manual (FAM), a delegation of authority states the specific actions for which an officer has authority, as well as the limitations and special conditions that apply to the authority. A delegation of authority is subject to any legally prescribed condition or criteria of execution, whether or not mentioned in the delegation. The FAM identifies two authorities:

(1) Authorities originally assigned to the Secretary or the Department: Unless otherwise specified in law, the Secretary of State may delegate authority to perform any of the functions of the Secretary or the Department of State to officers and employees under the direction and supervision of the Secretary. If the Secretary so specifies, such functions may be redelegated by the delegated officer or employee to any officers and employees under the delegated officers direction and supervision (see 22 U.S.C. 2651a); and

(2) Authorities originally assigned to the President: If an authority was originally assigned to the President, there must be a delegation of authority from the President to the Secretary or the Department before a Department of State delegation of authority to a Department officer can be signed. In addition, unless otherwise specified in law, authorities originally delegated from the President may only be redelegated to officials who are appointed by and with the advice of the Senate (see 3 U.S.C. 301).

We heard from sources that Secretary Tillerson has rescinded all delegated authorities last week. The two sources are not Public Affairs shop officials.  The revocation of authorities is department-wide and includes everything apparently from the Authorization for Use of Military Force (AUMF), the Joint Comprehensive Plan of Action (JCPOA) sanctions, and  even routine authorities related to military exercises. 

One called it “completely insane.”

Another said, “Basically it’s a clusterfuck.”

Icky, Sticky Bubble Gum’s Gonna Eat Ya

The Bureau of Administration’s A/GIS/DIR is supposed to maintain a database of delegated authorities including those rescinded. But, of course, those are not public.  On July 20, the Federal Register published the May 1 delegation of authority by Tillerson to the Director of the Office of U.S. Foreign Assistance Resources.

Below are some examples of delegated authorities:

Secretary of State to the Assistant Secretary for Diplomatic Security:  Diplomatic The Secure Embassy Construction and Counterterrorism Act of 1999 (Foreign Relations Authorization Act, FY 2000 and 2001, Title VI, Public Law 106-113) (22 U.S.C. 4865), established two security requirements for U.S. diplomatic facilities abroad:  collocation and setback.  The authority to waive these requirements has been delegated from the Secretary of State to the Assistant Secretary for Diplomatic Security, except for chancery and consulate buildings.

OFM’s Director and Deputy Director: Requests from foreign missions for the Department to certify to the Department of the Treasury the reciprocal income tax exemption privileges that are provided to employees of the U.S. mission in the respective country.  Such certifications are required under 26 U.S.C. 893(b).  The authority to make such certifications has been delegated to OFM’s Director and Deputy Director.

Deputy Legal Advisers: Per 22 CFR 172.4 and 172.5 (approval of testimony and production of documents by Department employees, delegated to the Deputy Legal Advisers by Delegation of Authority No. 206, dated September 7, 1993).

Under Secretary for Management : The Secretary of State is responsible for control of the organizational structure and assignment of functions in the Department of State.  The Secretary has delegated this authority to the Under Secretary for Management (M). Other authorities delegated to M are (not an exhaustive list):  

  • Department of State Delegation of Authority No. 311, Negotiation, Conclusion and Termination of Treaties and Other International Agreements; 
  • Department of State Delegation of Authority No. 147, Delegation of Authorities vested in the Secretary by Title II of the Basic Authorities Act (primarily foreign mission administration), dated September 13, 1982; 
  • Department of State Delegation of Authority No. 147-1, covering acceptance of gifts and vehicles overseas, dated December 21, 1990.

Bureau of Consular Affairs: We don’t know how many delegated authorities there are in totality but the Bureau of Consular Affairs alone has 27 delegated authorities going back to 1969. We understand that this was recently just been renegotiated.  Here are some (not an exhaustive list):

  • Delegation of Authority 119 (2/13/1969):  Authority to designate persons who shall be authorized and empowered to administer oaths in connection with the execution of passport applications.
  • Delegation of Authority 143 (10/30/1981):  Delegation of Authority to Issue Certificates of Authentication for Documents Maintained by the Office of Passport Services Department of State.
  • Delegation of Authority 253 (9/1/2002):  Delegation from the Secretary of State to the Assistant Secretary for Consular Affairs Exceptions from Port-of-Entry Special Registration, Fingerprinting and Photographing (Class A Referrals).
  • Delegation of Authority 261 (9/16/2003):  Intercountry Adoption Act of 2000 – Authority of the Secretary of State under the Hague Adoption Convention and the IAA delegated to the Assistant Secretary for Consular Affairs.
  • Delegation of Authority 361 (7/15/2013):  Authority to disclose certain visa information to national security officials for a national security purpose.
  • Delegation of Authority 298 (4/9/2007):  Delegation by the Assistant Secretary for Consular Affairs to the Deputy Assistant Secretary for Overseas Citizens Services; the Managing Director, Overseas Citizens Services; the Director, Office of Children’s Issues, Overseas Citizens Services; and the Director, Office of American Citizens Services, Overseas Citizens Services, of Authority to Issue Hague Adoption Certificates and Custody Declarations.
  • Delegations of Authorities 367 (9/17/2013)and 367-3 (3/30/2015): Authority to administer and enforce immigration and nationality laws, and re-delegation of certain of those authorities to CA/VO, CA/VO/L/A, and CA/VO/L/R.

So this is really bonkers. Whoever advised Tillerson to rescind the delegation of authorities department-wide could not possibly be this dumb because this is one quick way of gumming up further the entire agency. Much more than it already has been gummed up.

Why yes, if you need a pass for the State Department parking garage, you have to ask Tillerson’s Front Office for that, too.

The parking garage permit needs the 7th Floor approval. Just think about that.

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ExxonMobil “demonstrated reckless disregard for U.S. sanctions” – @StateDept says go over there for QQQs!

Posted: 12:42 am ET
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The State Department spokesperson Heather Nauert did one of her twice a week Daily Press Briefing at the State Department and was asked about the Treasury Department’s Exxon fine for violating the Russian sanctions when Secretary Tillerson was the CEO. A quick note here.  We realized that they’ve changed the name of this briefing into “Department Press Briefing” but as a daily reminder that the Bureau of Public Affairs is now unable to handle the daily demands of briefing the press, we will continue calling this the State Department’s Daily Press Briefing.

Below are excerpts from the DPB:

MS NAUERT: The Secretary – we’re not going to have any comments today for you on some of the alleged facts or the facts underlying the enforcement action. Treasury is going to have to answer a lot of these questions for you. I’m not going to have a lot for you on this today. The Treasury Department was involved in this. They were the ones who spearheaded this. And so for a lot of your questions, I’m going to have to refer you to Treasury.

MS NAUERT: Yes. I’m not going to comment on that at this time. The Secretary recused himself from his dealings with ExxonMobil at the time that he became Secretary of State. This all predates his time here at the Department of State, and so —

MS NAUERT: I think I will say this: The Secretary continues to abide by his ethical commitments, including that recusal from Exxon-related activities. The action was taken by the Department of State – excuse me, the Department of the Treasury, and State was not involved in this.

QUESTION: And does – can you tell us if the Secretary believes in the objectives of the Ukraine-related sanctions programs?

MS NAUERT: I know that we have remained very concerned about maintaining sanctions. That will continue. We’ve been clear that sanctions will continue until Russia does what Russia needs to do.

QUESTION: For the record, will he come down and talk with us —

MS NAUERT: Well, I’m sorry, who —

QUESTION: — talk about this? Just for the record, will he come down and talk about this to us himself?

MS NAUERT: Well, I’m here to speak on his behalf and on behalf of the building. There’s not a whole lot that we can say about this right now. Again, you can talk to Treasury or to Exxon about this. Okay.

MS NAUERT: The Secretary has been – not to my knowledge. I can tell you this, that he has been extremely clear in his recusal of anything having to do with Exxon. When this information come to us here at the State Department, it did not come to the Secretary himself. It came to the Deputy Secretary John Sullivan. The Secretary has taken this very seriously, that Exxon-related activities are not something that he is involved with here as Secretary of State.

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In assessing the maximum monetary penalty, Treasury/OFAC outlined the following as aggravating factors (via):

(1) ExxonMobil demonstrated reckless disregard for U.S. sanctions requirements when it failed to consider warning signs associated with dealing in the blocked services of an SDN; (note: Specially Designated Nationals)

(2) ExxonMobil’s senior-most executives knew of Sechin’s status as an SDN when they dealt in the blocked services of Sechin;

(3) ExxonMobil caused significant harm to the Ukraine-related sanctions program objectives by engaging the services of an SDN designated on the basis that he is an official of the Government ofthe Russian Federation contributing to the crisis in Ukraine; and

(4) ExxonMobil is a sophisticated and experienced oil and gas company that has global operations and routinely deals in goods, services, and technology subject to U.S economic sanctions and U.S. export controls.

U.S. Secretary of State Rex Tillerson delivers remarks at the 22nd World Petroleum Congress opening ceremony in Istanbul, Turkey, on July 9, 2017. [State Department photo/ Public Domain]

 

AND NOW THIS — the State Department’s “employee-led redesign initiative” with no “predetermined outcomes” is a runner up for “Best in Show.”

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@StateDept Spox Talks About Visa Refusals, Oh Dear!

Posted: 3:01 am ET
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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.

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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.

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A #SexualAssault Reporting Process Foreign Service Members Deserve: How Much Longer Secretary #Tillerson?

Posted: 8:55 pm PT
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We’ve written several blogposts on sexual assaults and/or the lack of clear sexual assault reporting guidance in the Foreign Service in 2016 (see The State Dept’s Sexual Assault Reporting Procedure Appears to Be a Black Hole of Grief and First Person: I am a ✂️ FSO who was ✂️ raped in ✂️… Continuing on has been ✂️ incredibly difficult… and other links below).

On November 22 last year, the State Department directed a task force to create a new section in the Foreign Affairs Manual for sexual assault (see U/S For Management Directs Task Force to Create New Sexual Assault FAM Guidance). In December, we posted an update when the State Department told us that “The Department is committed to the work the taskforce is doing to create a sexual assault section for the FAM, work that will continue past inauguration day.” (see @StateDept Task Force For New Sexual Assault FAM Guidance – An Update). Through the last few months we have regularly checked in with the State Department to follow-up on the new regulations.

Today is exactly six months to the day when an inter-bureau taskforce was directed to create a new section in the Foreign Affairs Manual for guidance on sexual assault.  The State Department’s Bureau of Public Affairs — that in the past had been responsive in assuring us that the agency is committed to the creation of the sexual assault regulations —  did not acknowledge nor respond to our inquiry as of this writing.

So let’s ask their boss — how much longer Secretary Tillerson before the Foreign Service gets its sexual assault reporting guidance?

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Sexual Assault Related posts: