Current Visa Sanctions: Cambodia, Guinea, Eritrea, Sierra Leone, Plus The Gambia #INA243(d)

Posted: 1:38 am ET
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We previously blogged about visa sanctions in January 2017 for countries who refused to accept their deported nationals (see On Invocation of Visa Sanctions For Countries Unwilling to Accept Their Deported Nationals. Also read @StateDept Notifies Foreign Countries of New Information Sharing Standards Required For U.S. Travel.

Note that the Trump Executive Order: Enhancing Public Safety in the Interior of the United States include section 12 on countries who refused to accepted their nationals who are subject to removal by the United States:

Sec. 12.  Recalcitrant Countries.  The Secretary of Homeland Security and the Secretary of State shall cooperate to effectively implement the sanctions provided by section 243(d) of the INA (8 U.S.C. 1253(d)), as appropriate.  The Secretary of State shall, to the maximum extent permitted by law, ensure that diplomatic efforts and negotiations with foreign states include as a condition precedent the acceptance by those foreign states of their nationals who are subject to removal from the United States.

Read more: U.S. to Invoke Visa Sanctions For Four Countries Unwilling to Accept Deported Nationals

On September 12, the State Department released an update of its FAM guidance 9 FAM 601.12 on the “Discontinuation of Visa Issuance Under INA 243 (D).   Per 9 FAM 601.12-2(C), the following countries are currently subject to discontinuation of visa issuance under INA 243(d): Cambodia, The Gambia, Guinea, Eritrea, and Sierra Leone.

Kevin Brosnahan, the spokesperson for the Department’s Bureau of Consular Affairs released the following statement:

The Secretary of State has ordered consular officers in Eritrea, Guinea, Sierra Leone, and Cambodia to implement visa restrictions effective September 13, 2017. The Secretary determined the categories of visa applicants subject to these restrictions on a country-by-country basis. Consular operations at the U.S. embassy will continue. These visa restrictions do not affect other consular services provided, including adjudication of applications from individuals not covered by the suspension.

The Department of State received notification under Section 243(d) of the Immigration and Nationality Act from the Department of Homeland Security for Eritrea, Guinea, Sierra Leone, and Cambodia. According to that section of the law, when a country denies or unreasonably delays accepting one of its nationals, the Secretary of Homeland Security may notify the Secretary of State. The Secretary must then order consular officers in that country to discontinue issuance of any or all visas.   The Secretary determines the categories of applicants subject to the visa restrictions.

via travel.state.gov

Below are the four countries, in addition to The Gambia that are currently under visa sanctions/restrictions. With the exception of  Eritrea where the sanctions affect “Eritrean citizens, subjects, nationals, and residents,” the restrictions for the other countries are currently directed at government officials and their families.

CAMBODIA (see full notice here)

As of September 13, the U.S. Embassy in Phnom Penh, Cambodia has discontinued issuing B1, B2, and B1/B2 visas for Cambodian Ministry of Foreign Affairs employees, with the rank of Director General and above, and their families, with limited exceptions.

Under Section 243(d) of the Immigration and Nationality Act, when so requested by the Secretary of Homeland Security due to a particular country’s refusal to accept or unreasonably delay the return of its nationals, the Secretary of State must order consular officers to suspend issuing visas until informed by the Secretary of Homeland Security that the country in question has accepted the individuals.

GUINEA (see full notice here)

As of September 13, the U.S. Embassy in Conakry, Guinea has discontinued issuing B, F, J, and M visas to Guinean government officials and their immediate family members, with limited exceptions.

ERITREA (see full notice here)

As of September 13, 2017, the United States Embassy in Asmara, Eritrea, under instructions from the Secretary of State, has discontinued the issuance of non immigrant visas for business or pleasure (B1/B2) to Eritrean citizens, subjects, nationals, and residents. The Department of State may make exceptions for travel that is in the U.S. national interest, for emergency or humanitarian travel, and other limited exceptions.

SIERRA LEONE (see full notice here)

On Wednesday, September 13, the United States Embassy in Freetown, Sierra Leone will discontinue the issuance of B visas (temporary visitors for business or pleasure) to Ministry of Foreign Affairs officials and immigration officials.

Consular operations at the U.S. embassy or consulate will continue.  These visa restrictions do not affect other consular services provided, including adjudication of applications from individuals not covered by the suspension.

THE GAMBIA (see announcement here)

The sanctions placed on The Gambia occurred last year. As of October 1, 2016, the United States Embassy in Banjul, The Gambia discontinued issuing visas to Gambian government officials, others associated with the government, and their families.  The announcement says that the Department may make exceptions for travel based on U.S. international obligations and to advance humanitarian and other U.S. government interests.

Per  FAM 601.12-3(C) (a) Public Notice of Discontinuation of Visa Issuance:  During the period of discontinuation, posts should continue receiving and adjudicating cases; however, posts should explain the discontinuation of visas to all applicants covered by the order.  The explanation should note that visas cannot generally be issued for certain visa classifications or categories of applicants as determined by the Secretary’s order, and explain that visa fees will not be refunded, but that the cases will be reviewed again once visa issuance resumes.  The notification may be provided by flyers posted in the consular section and/or on the post’s website.

All the above notices are posted under the “News/Events” section of the embassies’ websites, which is understandable, but that is also not the section that visa applicants would first look when searching for visa information. One post did not include the information on non-refundable fees.

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U.S. to Invoke Visa Sanctions For Four Countries Unwilling to Accept Deported Nationals

Posted: 3:25 am ET
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We previously blogged about visa sanctions in early 2017 for countries who refused to accept their deported nationals (see On Invocation of Visa Sanctions For Countries Unwilling to Accept Their Deported Nationals. Also read @StateDept Notifies Foreign Countries of New Information Sharing Standards Required For U.S. Travel.

Note that the Trump Executive Order: Enhancing Public Safety in the Interior of the United States include section 12 on countries who refused to accepted their nationals who are subject to removal by the United States:

Sec. 12.  Recalcitrant Countries.  The Secretary of Homeland Security and the Secretary of State shall cooperate to effectively implement the sanctions provided by section 243(d) of the INA (8 U.S.C. 1253(d)), as appropriate.  The Secretary of State shall, to the maximum extent permitted by law, ensure that diplomatic efforts and negotiations with foreign states include as a condition precedent the acceptance by those foreign states of their nationals who are subject to removal from the United States.

The Washington Times reported yesterday that the Trump administration has now triggered visa sanctions against four countries that have refused to take back citizens the U.S. is trying to deport. The State Department confirmed the move according to the reporter but declined to name the specific countries.  The Washington Times citing “sources who tracked the deliberations in recent weeks” said that the four countries are Cambodia, Eritrea, Guinea and Sierra Leone.

via travel.state.gov

 

Per 9 FAM. only one country, The Gambia, is currently subject to discontinuation of visa issuance under INA 243(d).  With these additional four countries, this could be the start of utilizing visa sanctions to force countries to accept their deported nationals.  There are potentially 85 countries that could be subject to a visa sanction based on their refusal or lack or cooperation in accepting their own nationals deported from the United States.

According to DHS, as of May 2, 2016, ICE has found that there were 23 countries considered recalcitrant, including: Afghanistan, Algeria, the People’s Republic of China, Cuba, Iran, Iraq, Libya, Somalia, and Zimbabwe.  DHS does not appear to have an updated public list or a full list online. In a July 2016 testimony, DHS also told Congress that within the last two fiscal years ICE has worked with the State Department to issue 17 Demarches to the following recalcitrant countries: Iraq, Algeria, Bangladesh, Cape Verde, Ivory Coast, Eritrea, The Gambia, Ghana, Guinea, Liberia, Mali, Mauritania, Niger, Sierra Leone, Senegal, Cuba and St. Lucia.

DHS noted in 2016 that ICE was closely monitoring an additional 62 countries with strained cooperation, but which were not deemed recalcitrant.

We expect that the State Department will make a formal statement as it updates its guidance to its consular officials. The FAM guidance also says that a Public Notice of Discontinuation of Visa Issuance may be provided by flyers posted in the consular section and/or on the post’s website:  

During the period of discontinuation, posts should continue receiving and adjudicating cases; however, posts should explain the discontinuation of visas to all applicants covered by the order.  The explanation should note that visas cannot generally be issued for certain visa classifications or categories of applicants as determined by the Secretary’s order, and explain that visa fees will not be refunded, but that the cases will be reviewed again once visa issuance resumes.  The notification may be provided by flyers posted in the consular section and/or on the post’s website.”

Note that INA 243(d) discontinuation of visa issuance pertains to the actual issuance, not to adjudication. That means consular sections will continue to charge visa fees, will continue to adjudicate visa applications, but they will suspend issuance of visas to qualified applicants. And there will be no refunds.  That sounds like a recipe for a PR disaster.

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U.S. Embassy Phnom Penh Celebrates #‎KhmerNewYear‬

Posted: 1:41 am ET
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The U.S. Embassy in Cambodia is celebrating ‪#‎Khmer New Year‬ and will be closed on April 13, 14 and 15 to mark the occasion. Click here to check out the Year of the Monkey welcome event via its official FB page.   Also video below via @josebcollazo (h/t @CurtisSChin).

 

Related item:

Press Statement by Secretary of State John Kerry on Khmer New Year (April 10, 2016)

 

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William A. Heidt – From “E” Bureau to the Kingdom of Cambodia

Posted: 2:19 am EDT
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President Obama recently announced his intent to nominate William A. Heidt as the next Ambassador to the Kingdom of Cambodia. The WH released the following brief bio:

William A. Heidt, a career member of the Foreign Service, class of Minister-Counselor, currently serves as Executive Assistant to the Under Secretary for Economic Growth, Energy, and the Environment at the Department of State, a position he has held since 2012. Mr. Heidt served as Deputy Chief of Mission at the U.S. Embassy in Warsaw, Poland from 2009 to 2012, Counselor for Economic and Social Affairs at the U.S. Mission to the United Nations in New York from 2007 to 2009, Economic Counselor at the U.S. Embassy in Jakarta, Indonesia from 2004 to 2007, and Special Assistant in the Office of the Under Secretary for Economic, Business, and Agricultural Affairs from 2003 to 2004. Prior to that, he served as a Finance and Development Officer at the U.S. Embassy in Jakarta from 2000 to 2003 and Economic and Commercial Officer at the U.S. Embassy in Phnom Penh, Cambodia from 1997 to 1999. Earlier assignments with the Department included Economic Officer in the Bureau of Economic and Business Affairs, Economic Officer in the Office of Korean Affairs, Economic Officer in the Office of Bilateral Trade Affairs, and Consular Officer at the U.S. Consulate in Poznan, Poland.

Mr. Heidt received a B.A from Pennsylvania State University and an M.A. from The George Washington University.

If confirmed, Mr. Heidt would succeed Ambassador William (Bill) E. Todd who was confirmed as the U.S. Ambassador to the Kingdom of Cambodia on March 29, 2012. Among the previous COMs at the U.S. Embassy Phnom Penh are career diplomats Charles A. RayJoseph A. Mussomeli, and John Gunther Dean (see 12 April 1975: Ambassador John Gunther Dean recalls the day the United States abandoned Cambodia).

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12 April 1975: Ambassador John Gunther Dean recalls the day the United States abandoned Cambodia

Posted: 12:46 am EDT
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Via USAToday:

Forty years later, John Gunther Dean recalls one of the most tragic days of his life — April 12, 1975, the day the United States “abandoned Cambodia and handed it over to the butcher.”

“We’d accepted responsibility for Cambodia and then walked out without fulfilling our promise. That’s the worst thing a country can do,” he says in an interview in Paris. “And I cried because I knew what was going to happen.”

Five days after the dramatic evacuation of Americans, the U.S.-backed government fell to communist Khmer Rouge guerrillas. They drove Phnom Penh’s 2 million inhabitants into the countryside at gunpoint. Nearly 2 million Cambodians — one in every four — would die from executions, starvation and hideous torture.

Below is an excerpt from Ambassador Dean’s oral history interview conducted in 2000 for the Association for Diplomatic Studies and Training:

Our messages from Phnom Penh were crystal clear: if the Khmer Rouge takes control of the country, there was going to be a bloodbath. The exact word was “bloodbath.” It turned out to be even worse: a genocide.
[…]
Certainly by the end of February and the first week of March, the Khmer Rouge were pressing hard. We used that time to move as many Cambodians, Americans, and foreigners as possible to safety in Thailand. We had set up a system imagined by Robert Keeley (DCM). Ray Perkins (Chief political Section), and Tim Carney, a junior officer who spoke Cambodian. Tim became Ambassador later in his life. All those who felt endangered were sent out by plane over a period of 8 weeks before our departure. In addition, we had set up a procedure whereby key Cambodian leaders were told to send an assistant or secretary to the U.S. Embassy at 6:00 a.m. every day to find out the situation and decisions taken by us regarding taking people to safety. That system worked rather well when on this fateful day of April 12, 1975 we had decided to leave Phnom Penh by helicopter. These aides and secretaries all came on the morning of April 12. One of them was the aide to Sirik Matak. We had prepared during the night a message stating that we were evacuating, and urging the recipient of the note to come along. In his reply to this message, Sirik Matak wrote one of the most heart-wrenching letters ever sent to an American official:

Phnom Penh
12 April 1975
Dear Excellency and Friend,
I thank you very sincerely for your letter and for your offer to transport me towards freedom. I cannot, alas, leave in such a cowardly fashion. As for you, and in particular for your great country, I never believed for a moment that you would have this sentiment of abandoning a people which has chosen liberty. You have refused us your protection, and we can do nothing about it.
You leave, and my wish is that you and your country will find happiness under this sky. But, mark it well, that if I shall die here on the spot and in my country that I love, it is too bad, because we all are born and must die (one day). I have only committed this mistake of believing in you the Americans.
Please accept, Excellency and dear friend, my faithful and friendly sentiments.
(signed) Sirik Matak

[…]

On that fateful day, I said to General Palmer that I wanted to be the last person to leave Cambodian soil. I felt like I was the captain of the ship and, as the tradition goes, the captain is the last man to leave the ship. My wish was granted. Awaiting to be called to move to the extraction site, I was sitting in my office, fully aware of the meaning of the moment for our country. I read the letter from Sirik Matak which had arrived about 45 minutes earlier. Looking out of the window, I saw the Marines taking people to the helicopters and to safety. I watched the Embassy personnel driving themselves to do all they could to help those who had thrown in their fate with us.

[…]

Nobody was turned down for evacuation, including at the last moment, Sydney Schanberg’s Cambodian staffer working for the New York Times. We took foreign nationals out, for whom we had responsibility,  or even if we had no responsibility. We did not distinguish between illiterate gardeners and highly educated intellectuals. We took the Cambodian girlfriends of some of our bachelor staff members out to safety. I asked our resident military and the Marines in charge of the evacuation to take out anybody who wanted to go with us. At one point in my office, I took a pair of scissors and cut the American flag and the President’s flag off the staff of the poles which were in back of my desk in the ambassador’s office. I was trying to figure out a way of giving some form of protection to the symbol of our country and to the people whom I represented in Cambodia. Tears were rolling off my cheeks. I was alone. I took the two flags and put them over my arm. I got some plastic so they would not get wet. Unkind newspaper people wrote that I had put the flags in a body bag for dead soldiers. On our way to the helicopters, I stopped at my residence where the American flag was flying, and I struck the colors. I took the flag, the third flag, and put it with the other two flags. I asked the Cambodian staff at my residence whether they wanted to go with me. Some of them had been sent to safety before. Those who were still at the residence on April 12 thought they could stay behind without fearing for their safety. At that point, I abandoned the ambassadorial limousine and walked the rest of the way to the waiting helicopters with the American flags draped over my arm. As a Boy Scout in Kansas City, as an officer in the United States Army, and as a Foreign Service officer, I respected the Stars and Stripes as a symbol of our country. I was the last man in our Mission to leave Cambodia in a very large helicopter. One of the correspondents of an American broadcasting system sat next to me weeping because he understood what was going on. We landed on an American aircraft carrier. The entire extraction was called “Operation Eagle Pull.”

 

Ambassador John Gunther Dean‘s oral history interview for ADST is here (pdf-Cambodia starts on p.99). He was appointed Ambassador to Cambodia in March 1974 and he served in that posting until the Embassy was closed and all US personnel were evacuated on 12 April 1975, 5 days before the Khmer Rouge entered Phnom Penh.  Sirik Matak, a member of the Cambodian Royal family previously served as Prime Minister of the Khmer Republic. He was offered political asylum to the United States with other high ranking Khmer Republic officials but declined. He was reportedly executed on April 21, 1975.

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US Embassy Phnom Penh: Zombies Attack Ambassador Todd, Congressional Investigation to Follow

The US Ambassador to Cambodia Bill Todd blogged that this year the embassy folks had a great time introducing their Cambodian colleagues to the true spirit of Halloween – being scared!  These guys even had a Neighborhood Zombie Watch!

Ambassador Todd attacked by zombies at the Front Office
(Photo from ambo blog)

Fondest memories of Halloween was trick o’ treating with tots at embassy offices.  At some posts you get a contest for best decorations or scariest digs.  At other posts the local staff even gets into the act.

Looks like they all had a great time.  Read more here. This post will be updated as soon as the congressional investigation commence.