Sherman Funk: This story sounds incredible, but it is absolutely true (Via ADST)

Posted: 12:17 am EDT

 

The Foreign Relations Authorization Act for fiscal years 1986 and 1987 (P.L. 99-93) amended the IG Act to include the Department of State and the Foreign Service. The Omnibus Diplomatic Security and Antiterrorism Act of 1986, (P.L. 99-399) required the establishment of an independent OIG at State by October 1, 1986. The OIG was established on August 27, 1986.  Sherman M. Funk was the State Department Inspector General from 1987–1994 . He served under four secretaries of state (Schultz, Baker, Eagleburger and Christopher).

Below is an excerpt from Mr. Funk’s oral history via ADST.

There’s a story which nobody believes that is absolutely true and people are still in jail as a result of it, the Japanese. This story sounds incredible, but it is absolutely true. When they built the new embassy in Tokyo, and a compound, the specifications called for two manholes on access points in the rear courtyard where the oil tank was buried. Nobody thought of asking why you needed two. And the embassy opened, and shortly after it opened the truck appeared, a big oil tank truck, guys wearing uniforms driving it. And the night before the security called in and said that they were getting oil, and they went through and opened up one of the manholes, put a hose down and they filled the tank. A couple days later another truck appeared in the morning, also a call to come through saying we were getting a delivery. Nobody thought of asking why deliveries so close. The truck came in, opened up the other manhole and put a thing down and it was true half of the oil had been pumped in a couple days before.

This went on for sixteen years, and in the sixteen years only one person, a young assistant GSO, ever inquired why we were buying so much oil. One person. And the admin counselor called in the senior FSN, the GSO type, and said make a study of why we’re spending so much money. The guy came back with the report that the weather is so volatile here, we have equipment which needs the oil. The person who did that report was the guy in charge of the scam. Toward the end one of the workers got disgruntled, that he wasn’t getting enough money on the scam, and went to the assistant security officer, our assistant regional officer, and said that, “You’re being robbed.” The assistant legal security officer went to the same FSN and asked him to look at it. The guy came back and said no problem. That went on for another year.

Now people who listen to that story say it’s not possible. Sixteen years we used enormous volumes of oil. In fact, we prosecuted. One of my lawyers and two of my investigators went out, we went to Tokyo, worked with the courts. It was hideously embarrassing for the Japanese by the way, and they were very tough on these people involved. We’re getting back most of the money, we’re suing the companies because they should have had controls to prevent that. But one of their biggest arguments, and if that were argued in the States, they would win, was you guys are so stupid why didn’t you guys know something was wrong. We just deliver for your requirements. To me, I find that so incredible, and it went on for sixteen damn years, but we’re getting millions of dollars back now. But we had to sue for it.

What kind of naiveté is it to ask somebody who would benefit from it? And if the thing was going on, he would certainly know what was going on. How much management moxie does it take? How much common sense does it take? Twice they went back to the same person who was the contact point in the embassy, who would make the telephone calls to have the deliveries come in the next morning. Incredible.

Read the full oral history interview here (PDF) conducted by Charles Stuart Kennedy on July 14, 1994.

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18 State Dept Accountability Review Boards Convened Since 1986 – Only Two Publicly Available

We recently located a GAO report (see State Department Has Not Fully Implemented Key Measures to Protect U.S. Officials from Terrorist Attacks Outside of Embassies GAO-05-642, May 2005) listing the previous Accountability Review Boards convened  from 1986 when the ARB was first mandated under the Omnibus Diplomatic Security and Antiterrorism Act of 1986. As of March 2005 when the GAO report was made, 11 Accountability Review Boards had been convened. Of that 11 ARBs, five investigations have focused on attacks of U.S. officials on their way to work. The remaining remaining six ARBs were on attacks against U.S. facilities.

1.  Honduras.  April 1988 attack on U.S. facilities in Honduras

2.  Greece. June 1988 assassination of a post official in Greece

3.  Philippines. April 1989 assassination of a post official in the Philippines

4. Bolivia. 1990 attack on a U.S. facility in Bolivia

5.  Peru.  1992 attack on the Ambassador’s residence in Peru

6. Saudi Arabia. 1995 attack on a U.S. facility in Saudi Arabia

7. Pakistan. March 1995 assassination of two post officials in Pakistan  (Karachi, ARB convened 4/1995)

8. Kenya and Tanzania. 1998 bombings of U.S embassies in Kenya and Tanzania
(unclassified report available online)

9. Jordan. October 2002 assassination of a post official in Jordan
(On 27 Jan 2003, an Accountability Review Board was convened for the Murder of Laurence Foley, USAID Official in Amman, Jordan)

10. Gaza.  October 2003 assassination in Gaza of three post contractors from Israel.
(ARB completed in 2004)

We dug up some more from the Federal Register last year.  Two other ARBs (noted below) were located by The Skeptical Bureaucrat.  The State Dept said that there had been 18 ARBs convened since the statute was passed. We only have 16 on this list. Do feel free to add in the comment section if you know about the other two ARBs unlisted here.

11. Iraq.  On February 28, 2005 Convening an Accountability Review Board for the November 24, 2004 Murder of Mr. James C. Mollen, an Employee of the U.S. Embassy in Baghdad, Iraq (h/t The Skeptical Bureaucrat)
http://www.gpo.gov/fdsys/pkg/FR-2005-03-07/pdf/05-4358.pdf

12.  Saudi Arabia.  On 11 Mar 2005, the Accountability Review Board for the December 6, 2004 Attack on the U.S. Consulate in Jeddah, Saudi Arabia
(Review of Department of State Implementation of Jeddah Accountability Review Board of Recommendation to Consider Remote Safe Areas at Missions Worldwide, OIG, March 2013)

13. Iraq. On May 10, 2005 Convening an Accountability Review Board for the January 29, 2005, Rocket Attack on the U.S. Embassy in Baghdad, Iraq, Which Caused the Deaths of LCDR Keith Taylor, USN, and Ms. Barbara Heald. (h/t The Skeptical Bureaucrat)
http://www.gpo.gov/fdsys/pkg/FR-2005-05-18/pdf/05-9910.pdf

14. Iraq. On 8 December 2005, the Accountability Review Board to Examine the Circumstances of the Death of DS Special Agent Stephen Sullivan and Seven Security Contractors in September 2005 in Iraq.

In October 2005 ARB Exemption for incidents in Afghanistan and Iraq: Pursuant to Public Law 109-140 and Public Law 111-117, the Secretary of State is not required to convene a Board in the case of an incident involving serious injury, loss of life, or significant destruction of property at or related to a U.S. Government mission in Afghanistan or Iraq and which occurs in the period beginning on October 1, 2005 and ending on September 30, 2010 ( see 12 FAM 033.1)

15.  Pakistan.  On May 2006  an Accountability Review Board To Examine the Circumstances of the Death of David E. Foy and Mr. Iftikhar Ahmed in March 2006, Karachi, Pakistan

16. Sudan.  On 14 April 2008, Secretary Rice convened an ARB to Examine the Circumstances of the Death of John M. Granville and Abdelrahman Abees in Khartoum, Sudan in January 2008.

17. Pakistan.  On 22 October 2010, Secretary Clinton convened the first ARB during her tenure relating to the Death of Three DoD Personnel Assigned to the U.S. Embassy’s Office of Defense Representative Pakistan (ODRP) on February 3, 2010

18.  Libya. On October 4, 2012, Secretary Clinton convened the Accountability Review Board to Examine the Circumstances Surrounding the Deaths of personnel assigned in support of the U.S. Government mission to Libya in Benghazi, Libya on September 11, 2012
(unclassified report available online)

As far as we are able to tell, the OIG had only twice previously reviewed the ARB recommendations  and  both were on ARB Jeddah.  In February 2009, the OIG reviewed the State Dept’s progress towards the installation of mantraps at U.S. diplomatic posts worldwide. Not clear from the 2-page report if this was one of the recommendations by ARB Jeddah but the 2004 incident, according to the IG, prompted the Bureau of Diplomatic Security (DS), in coordination with the Bureau of Overseas Buildings Operations (OBO) to initiate a program to install pedestrian barriers, or “mantraps,” at all diplomatic posts worldwide.

On April 15, 2013, a 5-page IG report dated March 31, 2013 on the “Review of Department of State Implementation of Jeddah Accountability Review Board of Recommendation to Consider Remote Safe Areas at Missions Worldwide” was posted online.

We don’t know what type of classification these ARBs carry, but if the intent of having an accountability review is to learn the lessons from these attacks, it seems odd that the ARBs even from the 1980s are still under wraps.  We understand that the non-public reports are not even available to DS agents and Regional Security officers.  How can that be?

 

Thanks to TSB and A.Cog for helping us complete this list!  

— DS