U.S. Mission Somalia on Ordered Departure of “Non-Essential” U.S. Citizen Employees

Posted: 12:26 am ET
Updated: 1:09 pm ET
Follow @Diplopundit

 

We understand that the State Department did not/did not put US Mission Somalia on ordered departure. This explains the absence of a new Travel Warning. Our understanding is that the post directive was for embassy U.S. citizen employees to depart, and not all American citizens. It looks like the U.S. Ambassador to Somalia is based in Kenya, so we don’t even know how many U.S. and local embassy staffers are actually in Mogadishu. When we asked US Mission Somalia whether there is an updated Travel Warning, we were directed to its security message of November 4 with a link to the January 11, 2017 Travel Warning, which specifically notes that “There is no U.S. embassy presence in Somalia.” The most recent Travel Warning for Somalia is actually dated August 3, 2017 which similarly notes the absence of U.S. embassy presence in Somalia. So who were actually directed to depart? Can post “direct” the departure of just embassy employees without triggering an update in Travel Warning? Wouldn’t that run afoul of the “no double standard” policy? Is this a case of folks just not knowing what they’re doing? Other missions in the past have restricted travels of staff members from various parts of their host countries citing “no-go” or red zones where employees are not allowed to go. But U.S. Mission Somalia uses the words “direct” implying a directive and “non-essential” which is usually used in reference to evacuations.

In May this year, we blogged that the @StateDept Plans to Build a “Somalia Interim Facility” in Mogadishu For $85-$125M. Also see D/SecState Blinken Swears in Stephen Schwartz, First U.S.Ambassador to Somalia in 25 Years.

On November 4, U.S. Mission Somalia announced that it has directed “its non-essential (sic) U.S. citizen employees” to depart Mogadishu until further notice due to specific threat information against U.S. personnel on the Mogadishu International Airport. The order came a day after AFRICOM announced that it conducted air strikes against ISIS in northeastern Somalia.

The directive for personnel  to go on authorized or ordered departure has to come from the State Department. Also U.S. Mission-Somalia’s original tweet says it directs “all non-essential U.S. citizen employees”; note that the corrected one says it directs “its non-essential U.S. citizen employees.” Who does that exclude? Everyone not under Chief of Mission authority? But all agencies fall under COM authority with the exception of those under the authority of combatant commanders, or has that changed?

We don’t know how many State Department U.S. citizen employees are actually in Mogadishu but the solicitation back in May to pre-qualify firms for design-build construction services for the construction of a Somalia Interim Facility in Mogadishu referred to a “20- acre site located on the Mogadishu International Airport (MIA) Compound” with “currently” three firms working on the compound: Bancroft Global Development, RA International, and SKA Group.

As far as we can tell, no updated Travel Warning had been released reflecting the departure of “non-essential” employees from Somalia.  And folks, if you keep calling evacuated employees “non-essential”, we’re going to start wondering what were they doing there in the first place if they were not essential.

#


Advertisements

@StateDept Cancels Ongoing #DiversityVisa Registration, Launches New Registration Oct.18-Nov.22

Posted: 3:14 pm PT
Follow @Diplopundit

 

On October 12, we blogged that the diversity visa website (https://www.dvlottery.state.gov/) has been down for maintenance since at least Sunday, October 8 (see Diversity Visa Lottery Registration Opens 10/3-11/7 – Site Now Down For Maintenance!). The Bureau of Consular Affairs which runs the program has now put up a new announcement:

With the exception of the notice posted on https://www.dvlottery.state.gov there are no FAQs on the website.  The US Embassy in Ecuador, however, helpfully posted the following FAQ:

Q: What can you tell us about the technical issue? Were entries lost? Was this a hacking attempt?
The technical issue was a failure to properly account for country of eligibility if the entrant was selecting a country of eligibility other than his/her place of birth, which is permitted in certain limited circumstances. This was not a result of any outside interference or hacking attempt.

Q: How many entries had been received before this technical issue?
Due to technical issues, we are unable to reliably estimate how many valid entries were received at this time. In order to protect the integrity of the process and ensure a fair opportunity to all entrants, we are restarting the entry period now.

Q: How many DV entries does the Department expect for DV-2019?
In DV-2018, the last year for which numbers are available, we received more than 14 million entries from principal applicants.

Q: How will the Department notify applicants whose entries are not valid? 

The Department will send an automated email notification to each Diversity Visa entrant from whom an entry was received before October 18, 2017, using the email address provided on the lottery entry form, directing the entrant to check the website dvlottery.state.gov for an important announcement.  We will also work through our embassies and consulates to inform potential entrants of the situation and new registration period using social media and local media outlets.

Since this program, presumably was the same program used in last year’s lottery, why would the “technical issue” that failed “to properly account for country of eligibility if the entrant was selecting a country of eligibility other than his/her place of birth” only surface now?  Did CA switched contractor between last year and this year’s lottery roll out? Did contractor perform system programming change after the last lottery but before the current one opened on October 3, 2017?

What we don’t understand is if this is a technical issue now, why was this not a technical issue last year if they’re using the same program?

This is not the first time that a “technical issue” happened with diversity visa lottery program.

We were reminded recently that the May 2015 DV lottery site crashed when people were trying to check lottery results. But the really big one happened much earlier in 2011 when Consular Affairs ran the FY2012 lottery, and it turned out the lottery results were not even random, so CA had to nullify the visa lottery results and ran the lottery again.  The nullification resulted in a lawsuit against the Department of State. That lawsuit was eventually dismissed by the U.S. District Court for the District of Columbia on July 14, 2011.

The State/OIG did review that FY2012 DV debacle, and since we’re not clear how the current technical issue occurred, we’ll revisit the 2011 case:

The OIG team found three problems that led to this failure, all of which stem from the lack of adherence to sound project management and systems development principles. First, CA’s Office of Consular Systems and Technology (CST) implemented a system programming change without performing adequate testing. Second, CST changed contract task orders without notifying the Office of Acquisition Management (AQM). Third, CST management failed to adequately discuss the changes with all stakeholders and thus did not fully understand how overseas consular officers administer the DV program.

Also this:

The primary reason for the DV 2012 program failure was that CST did not adequately test the new computer program for the random selection of potential DV program participants. Section 203(c) of the Immigration and Nationality Act (INA), as amended,3 limits the number of DVs that may be available by both region and country. Therefore, 22 CFR § 42.33(c) requires that selection be based on random rank-ordering of participants by region through a computer program designed for this purpose. When participants submit their records, the computer program assigns a sequential number to each record based on the participant’s region. Subsequently, the selection process uses the sequential numbers to randomly rank-order the participants’ records. CST management decided in November 2010 not to use the commercial off—the—shelf statistics analysis program that it had used successfully for random rank—ordering in numerous previous years. Instead, CST management asked one of its contractors to develop a program. This new computer program had a coding error that produced a nonrandom rank-ordering and thus failed to meet INA requirements. The program not only selected 98 percent of the applicants from the first two dates of the allowed submission dates, it also selected multiple individuals from the same families.

According to CST management and the contractor staff who developed the new DV computer program, testing scenarios were limited to validating that all geographic regions were assigned the correct numerical limitation and that the total number of selectees to be drawn was accurate. In addition, the development, testing, and production implementation of the program were done exclusively by one contracting company that, due to poor planning and failure to consult with all DV stakeholders, did not have adequate information to create a complete test plan for the computer program. Key stakeholders such as CST’s independent validation and verification team, the Visa Office, and the contractor that operated and managed the legacy computer program were not involved in planning and implementing the new computer program.
[…]
Principals in the Visa Office were not aware that changes had been made to the computer program until after it failed and the results had to be voided. CST management further stated that it is not clear to them which office is responsible for administering the DV program.

Read the full report here: https://oig.state.gov/system/files/176330.pdf.

So again, did the Consular Affairs contractor perform system programming changes after last year’s lottery but before the current one opened on the 3rd of October?

If that did not happen, and CA is using the same system, how did CA principals become aware that the system is failing “to properly account for country of eligibility if the entrant was selecting a country of eligibility other than his/her place of birth?”

#

Diversity Visa Lottery Registration Opens 10/3-11/7 – Site Now Down For Maintenance!

Posted: 1:41 pm PT
Updated: 2:02 pm PT
Updated: October 13, 5:15 pm PT
Follow @Diplopundit

 

The annual Diversity Visa Lottery registration period opened October 3, 2017 and closes on November 7, 2017. We understand that the registration site (https://www.dvlottery.state.gov/) has been down since at least Sunday. Today the site has a “Down for Maintenance” banner. The question we’ve been asked: The State Department has 45 weeks a year to get the site ready for the five week registration period. Now it’s down for maintenance, what’s going on? We’ve asked. We will update if we hear anything back.

Update#1:
We understand that this could be a technical issue, but we have yet to hear an official response to our inquiry or a public statement from the State Department.

Update#2: A State Department official speaking on background told us “There is a technical problem requiring maintenance and the site will be brought back up as soon as possible.” When asked about the specifics of the technical problem or the time frame when they expect the issue resolved, the official declined to provide additional details. 

#

Trump Announces New Visa Restrictions For Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, Somalia

Posted: 12:17 am ET
[twitter-follow screen_name=’Diplopundit’]

 

President Trump issued E.O. 13780 on March 6 (Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States). It revoked the January 27 order, and reissued the ban for the same six countries – Iran, Libya, Somalia, Sudan, Syria, and Yemen, with Iraq excepted (see Trump Revokes Travel Ban EO, Reissues New Executive Order For Six Muslim Countries Minus Iraq).

As we’ve pointed out previously here, there’s something in EO 13780 that did not get as much attention as the travel ban.  Section 2 (a) and (b) of the E.O. requires the review of immigration-related information sharing by foreign governments.

Sec. 2.  Temporary Suspension of Entry for Nationals of Countries of Particular Concern During Review Period.  (a)  The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall conduct a worldwide review to identify whether, and if so what, additional information will be needed from each foreign country to adjudicate an application by a national of that country for a visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual is not a security or public-safety threat.  The Secretary of Homeland Security may conclude that certain information is needed from particular countries even if it is not needed from every country.

(b)  The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall submit to the President a report on the results of the worldwide review described in subsection (a) of this section, including the Secretary of Homeland Security’s determination of the information needed from each country for adjudications and a list of countries that do not provide adequate information, within 20 days of the effective date of this order.  The Secretary of Homeland Security shall provide a copy of the report to the Secretary of State, the Attorney General, and the Director of National Intelligence.

The report required under Section 2(b) was reportedly submitted in mid-July to the President. The State Department subsequently sent a guidance cable to all posts worldwide to help foreign governments understand the requirements and how they can start meeting them. We understand that posts were told to request a response from their host government counterparts to enable them to respond to the State Department by July 21.

On September 24, President Trump announced new security measures that establish minimum requirements for international cooperation to support U.S. visa and immigration vetting and new visa restrictions for eight countries. The announcement cites Section 2 of Executive Order 13780 — “if foreign countries do not meet the United States Government’s traveler vetting and information sharing requirements, their nationals may not be allowed to enter the United States or may face other travel restrictions, with certain exceptions.” Below are the country-specific restrictions per Fact Sheet: Proclamation on Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats:

Country-Specific Travel Restrictions:

  • The United States maintained, modified, or eased restriction on 5 of 6 countries currently designated by Executive Order 13780. Those countries are Iran, Libya, Syria, Yemen, and Somalia.
  • The United States lifted restrictions on 1 of 6 countries currently designated by Executive Order 13780: Sudan.
  • The United States added restrictions and/or additional vetting on 3 additional countries found to not meet baseline requirements, but that were not included in Executive Order 13780. These countries are: Chad, North Korea, and Venezuela.
  • The country specific restrictions are as follows:

Chad – Although it is an important partner, especially in the fight against terrorists, the government in Chad does not adequately share public-safety and terrorism-related information, and several terrorist groups are active within Chad or in the surrounding region, including elements of Boko Haram, ISIS-West Africa, and al-Qa’ida in the Islamic Maghreb. Accordingly, the entry into the United States of nationals of Chad, as immigrants, and as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, is suspended.

Iran – The government in Iran regularly fails to cooperate with the United States Government in identifying security risks; is the source of significant terrorist threats; is state sponsor of terrorism; and fails to receive its nationals subject to final orders of removal from the United States. Accordingly, the entry into the United States of nationals of Iran as immigrants and as nonimmigrants is suspended, except that entry by nationals of Iran under valid student (F and M) and exchange visitor (J) visas is not suspended, although such individuals will be subject to enhanced screening and vetting requirements.

Libya – Although it is an important partner, especially in the area of counterterrorism, the government in Libya faces significant challenges in sharing several types of information, including public-safety and terrorism-related information; has significant inadequacies in its identity-management protocols; has been assessed to be not fully cooperative with respect to receiving its nationals subject to final orders of removal from the United States; and has a substantial terrorist presence within its territory. Accordingly, the entry into the United States of nationals of Libya, as immigrants, and as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, is suspended.

North Korea – The government in North Korea does not cooperate with the United States Government in any respect and fails to satisfy all information-sharing requirements. Accordingly, the entry into the United States of nationals of North Korea as immigrants and nonimmigrants is suspended.

Somalia – Although it satisfies minimum U.S. information-sharing requirements, the government in Somalia still has significant identity-management deficiencies; is recognized as a terrorist safe haven; remains a destination for individuals attempting to join terrorist groups that threaten the national security of the United States; and struggles to govern its territory and to limit terrorists’ freedom of movement, access to resources, and capacity to operate. Accordingly, the entry into the United States of nationals of Somalia as immigrants is suspended, and nonimmigrants traveling to the United States will be subject to enhanced screening and vetting requirements.

Syria – The government in Syria regularly fails to cooperate with the U.S. Government in identifying security risks; is the source of significant terrorist threats; has been designated as a state sponsor of terrorism; has significant inadequacies in identity-management protocols; and fails to share public-safety and terrorism information. Accordingly, the entry into the United States of nationals of Syria as immigrants and nonimmigrants is suspended.

Venezuela – The government in Venezuela is uncooperative in verifying whether its citizens pose national security or public-safety threats; fails to share public-safety and terrorism-related information adequately; and has been assessed to be not fully cooperative with respect to receiving its nationals subject to final orders of removal from the United States. Accordingly, the entry into the United States of certain Venezuelan government officials and their immediate family members as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas is suspended.

Yemen – Although it is an important partner, especially in the fight against terrorism, the government in Yemen faces significant identity-management challenges, which are amplified by the notable terrorist presence within its territory; fails to satisfy critical identity-management requirements; and does not share public-safety and terrorism-related information adequately. Accordingly, the entry into the United States of nationals of Yemen as immigrants, and as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, is suspended.

IRAQ: The Secretary of Homeland Security also assesses Iraq as inadequate according to the baseline criteria, but has determined that entry restrictions and limitations under a Presidential proclamation are not warranted because of the close cooperative relationship between the United States and the democratically elected government of Iraq, the strong United States diplomatic presence in Iraq, the significant presence of United States forces in Iraq, and Iraq’s commitment to combating the Islamic State of Iraq and Syria (ISIS).

The Secretary recommends, however, that nationals of Iraq who seek to enter the United States be subject to additional scrutiny to determine if they pose risks to the national security or public safety of the United States.

The FAQ notes that these restrictions and limitations took effect at 3:30 p.m. eastern daylight time on September 24, 2017, for foreign nationals “who were subject to the suspension of entry under section 2 of E.O. 13780, and who lack a credible claim of a bonda fide relationship with a person or entity of the United States.” The restrictions and limitations take effect at 12:01 a.m. eastern daylight time on October 18, 2017, for all other foreign nationals subject to the suspension of entry under section 2 of E.O. 13780, and for nationals of Chad, North Korea, and Venezuela.

#

 

Related posts:

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

Posted: 1:38 am ET
[twitter-follow screen_name=’Diplopundit’]

 

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.

#

 

Secretary Tillerson Swears-In Assistant Secretary for Consular Affairs Carl Risch

Posted: 12:22 am ET
[twitter-follow screen_name=’Diplopundit’]

 

Via state.gov

U.S. Secretary of State Rex Tillerson swears-in Assistant Secretary for Consular Affairs Carl Risch, at the Washington Passport Agency, in Washington, D.C. on August 31, 2017. [State Department Photo/ Public Domain]

#

 

Assistant Secretary for Consular Affairs Carl C. Risch Assumes Post

Posted: 12:14 pm PT
[twitter-follow screen_name=’Diplopundit’]

 

Related posts:

#

U.S. Senate Confirms USAID’s Mark Green, 2 @StateDept Nominees, and 11 New Ambassadors

Posted: 12:05 am ET
[twitter-follow screen_name=’Diplopundit’]

 

On Thursday, August 3, the U.S. Senate confirmed a slew of nominees for the State Department, including 11 new ambassadors.  Also confirmed was Ambassador Mark Green as USAID Administrator and nominees for OPIC, and the United Nations.

The Senate will adjourned on Friday to convene for pro forma sessions only with no business conducted between now and September 1. Hey, that means no recess appointments.  The Senate will next convene at 3:00pm on Tuesday, September 5, 2017.

 

STATE DEPARTMENT

Executive Calendar #229 – Nathan Alexander Sales to be Coordinator for Counterterrorism

Executive Calendar #239 – Carl Risch to be an Assistant Secretary of State (Consular Affairs)

AMBASSADORS

Executive Calendar #291 – John P. Desrocher to be Ambassador to the People’s Democratic Republic of Algeria

Executive Calendar #227 – Kelly Knight Craft to be Ambassador of the United States to Canada

Executive Calendar #228 – Sharon Day to be Ambassador of the United States to the Republic of Costa Rica

Executive Calendar #289 – Michael Arthur Raynor to be Ambassador to Ethiopia

Executive Calendar #232 – Luis Arreaga to be Ambassador of the United States to the Republic of Guatemala

Executive Calendar #233 – Krishna Urs to be Ambassador of the United States to the Republic of Peru

Executive Calendar #230 – George Edward Glass to be Ambassador of the United States to the Portuguese Republic

Executive Calendar #231 – Robert Wood Johnson IV to be Ambassador of the United States to the United Kingdom of Great Britain and Northern Ireland

Executive Calendar #235 – Lewis Eisenberg to be Ambassador to the Italian Republic, and to serve concurrently as Ambassador to the Republic of San Marino

Executive Calendar #290 – Maria E. Brewer to be Ambassador to the Republic of Sierra Leone

USAID

Executive Calendar #166 – Mark Andrew Green to be Administrator of the United States Agency for International Development.

NATO

Executive Calendar #234 – Kay Bailey Hutchison to be United States Permanent Representative on the Council of the North Atlantic Treaty Organization

UNITED NATIONS

Executive Calendar #237 – Kelley Eckels Currie to be Representative of the United States on the Economic and Social Council of the United Nations (ECOSOC)

Executive Calendar #238 – Kelley Eckels Currie to be an Alternate Representative of the United States to the Sessions of the General Assembly of the United Nations (UNGA)

OPIC

Executive Calendar #236 – Ray Washburne to be President of the Overseas Private Investment Corporation

Executive Calendar #245 – David Steele Bohigian to be Executive Vice President of the Overseas Private Investment Corporation

 

#

Top Diplomatic Security and Consular Affairs Officials to Step Down: Bill Miller, Kurt Rice, David Donahue, John Brennan

Posted: 3:25 am ET
Updated: 2:33 pm PT
Updated: July 25, 3:03 pm PT
[twitter-follow screen_name=’Diplopundit’]

 

Sources informed us that Acting Assistant Secretary for Diplomatic Security Bill A. Miller announced his intention to step down from his post late last week. A/S Miller will reportedly retire next month.  Until his appointment as Acting A/S for Diplomatic Security in January 20, he was the bureau’s Principal Deputy Assistant Secretary for Diplomatic Security and Director of the Diplomatic Security Service (DSS) from April 14, 2014.  Previous to that, he was the Deputy Assistant Secretary of State for High Threat Posts.

A member of the State Department’s Diplomatic Security Service since 1987, Bill Miller is a career member of the Senior Foreign Service. His last overseas assignment was a three-year posting as Regional Security Officer at the U.S. Mission in Cairo, Egypt.  Preceding his assignment to Cairo, Mr. Miller was the Chief of the Security and Law Enforcement Training Division at the Diplomatic Security Training Center in Dunn Loring, Virginia.

Prior to entering duty in 1987 with the Department of State as a Diplomatic Security Service Special Agent, Mr. Miller served as a U.S. Marine Infantry Officer. Mr. Miller was honored as the 2004 Diplomatic Security Service Employee of the Year in recognition for his service in Iraq. In addition, Mr. Miller is a recipient of the Department of State’s Award for Valor, several Superior Honor Awards, the Department of Defense Joint Civilian Service Commendation Award and the Marine Security Guard Battalion’s award as RSO of the Year.

To-date, President Trump has not put forward a nominee to succeed Gregory Starr as Assistant Secretary of State for Diplomatic Security.  Mr. Starr retired a week before inauguration day, and Mr. Miller has been in an acting capacity since January 20. Without a newly appointed successor, we were informed that the next senior official, Christian J. Schurman, will be the Acting Assistant Secretary for Diplomatic Security.  Mr. Schurman is currently the Acting Principal Deputy Assistant Secretary for Diplomatic Security/Director of Diplomatic Security Service (DSS) and responsible for the Bureau of Diplomatic Security’s international and domestic operations and training programs. Beyond his name and title, State/DS does not have an extensive biography for Mr. Schurman.  We don’t know yet who among the seven top bureau officials would be acting PDAS during this time.

Kurt R. Rice, the Deputy Assistant Secretary and Assistant Director for Threat Investigations and Analysis (DS/TIA) will not be one of those officials.  Mr. Rice is also retiring.  Mr. Rice who was appointed to his position in May 2016 was in charge of all threat management programs within Diplomatic Security that analyze, assess, investigate, and disseminate information on threats directed against U.S. facilities and personnel overseas and domestically.

He was also responsible for the Overseas Security Advisory Council (OSAC), a public-private partnership that promotes the sharing of security information between the U.S. Department of State and American private sector organizations with operations and personnel abroad. We rely on OSAC for security guidance when there are breaking news overseas.  His office also provides oversight for the Reward for Justice program, the U.S. Government’s premier public anti-terrorism rewards program.

Mr. Rice joined Diplomatic Security in May 1987 and is a career member of the Senior Foreign Service. As DAS/TIA, he was the senior Diplomatic Security Service (DSS) advisor regarding intelligence and counterterrorism matters. He is also the DSS organizational representative to the U.S. Intelligence and Counterterrorism communities. He previously served as Regional Security Officer for the Russian Federation, and Special Agent in Charge (SAC) of all DS activities in the embassy and three subordinate consulates. He is a recipient of several State Department Meritorious and Superior Honor Awards, as well as interagency Intelligence Community awards.

There are five office directors under TIA, so anyone of those directors could potentially be appointed as Acting DAS for Threat Investigations and Analysis (DS/TIA) until a nominee is officially announced. Given that there is no nominee for the assistant secretary position, it is possible that the principal deputy assistant secretary (PDAS) position and deputy assistant secretaries (DASes) could get filled before the top bureau appointment is officially identified, nominated and confirmed by the U.S. Senate.

At the Consular Affairs Bureau, the Acting Assistant Secretary of Consular Affairs David Donahue is also set to step down the end of this week.  We understand that AA/S Donahue’s retirement has been long planned but he will still be missed. The Acting Principal Deputy Assistant Secretary of State for Consular Affairs is Ed Ramotowski, who was previously the DAS for Visa Services. Our assumption is that Mr. Ramotowski will now step up as Acting Assistant Secretary for Consular Affairs pending the confirmation of Mr. Risch to the Consular Bureau. The CA bureau has three four DASes: Overseas Citizens Services DAS Karen L. Christensen, Passport Services DAS Brenda Sprague, Acting DAS for Visa Services Karin King, and DAS for Resources, John Brennan. We understand that the  Deputy Assistant Secretary for Resources (DAS/R) position was created in 2015 to coordinate CA/EX, the Comptroller, the IT systems people, and the 1CA management initiative. Mr. Brennan is also retiring. One of them will most probably step us as PDAS, so one more office in CA will have a new acting name on its door.  So one of the three remaining DASes (Brennan excepted) will probably become the PDAS, and two more offices in CA will have a new acting name on its door. 

We’ve endeavored to look for Mr. Donahue’s official biography but state.gov does not appear to carry any biographies for senior officials for  the Bureau of Consular Affairs. The public facing CA website travel.state.gov also does not include biographies of its senior officials.  We were able to get hold of Mr. Donahue’s official biography since we originally put up this blogpost (thank you J!). 

David T. Donahue has been Acting Assistant Secretary in the Bureau of Consular Affairs since January 2017. He served as Principal Deputy Assistant Secretary from September 2015 after serving as Senior Advisor to the Bureau from April 2014.

Prior to this assignment he was Division Director for the Bureau of Human Resources Office of Career Development and Assignment, Senior Level Division. From 2012 to 2013 he served as Coordinator for Interagency Provincial Affairs (IPA) at the U.S. Embassy in Kabul, Afghanistan with oversight of all U.S. Civilian Provincial Reconstruction Teams throughout Afghanistan.

Mr. Donahue was Deputy Assistant Secretary of State for Visa Services in the Bureau of Consular Affairs from 2008 to 2012, where he managed visa operations for our 225 visa-issuing posts overseas and directed visa policy for the State Department. He has also served as the Director of Policy Coordination and Public Affairs for the Bureau of Consular Affairs, 2007 – 2008, and Minister Counselor for Consular Affairs in Mexico City, Mexico from 2005 – 2007.

Mr. Donahue also served tours in the Philippines, Pakistan, Singapore, and Trinidad and Tobago. Other domestic assignments include serving as Watch Officer in the State Department Operations Center, Bangladesh Desk Officer, and Consular Training instructor at the Foreign Service Institute. Mr. Donahue joined the Foreign Service in 1983 and is the recipient of numerous awards including the Presidential Meritorious Service Award.  While assigned in Islamabad, Mr. Donahue went to Afghanistan in 2001 to secure the release of two Americans held by the Taliban. Read more of that here.

#

 

Sen. Menendez Asks the Consular Affairs Nominee the Questions Y’All Wanna Ask

Posted: 1:26 pm PT
[twitter-follow screen_name=’Diplopundit’]

 

The Trump nominee to be Assistant Secretary of State for Consular Affairs appeared before the Senate Foreign Relations Committee yesterday (see July 18 SFRC Hearing: Carl Risch to be Assistant Secretary for Consular Affairs). There were four nominees during the hour and a half hearing chaired by Senator Ron Johnson, so basically 22.5 minutes for each nominee although the CT and CA nominees got most of the more substantial questions.

(click image to see the video)

Senator Robert Menendez (D-NJ) reminded Mr. Risch of his old congressional testimony advocating for the transfer of visa function to DHS in 2002 (see Ex-FSO Who Once Advocated Moving Visas to DHS May be the Next Asst Secretary For Consular Affairs). The exchange between Menendez and Risch starts at 00:45:50 via C-SPAN video here.

Senator Menendez started by congratulating all the nominees then quoted from Mr. Risch’s old testimony: “Congratulations to all of you. Mr. Risch in 2007 you appeared before the House Subcommittee on Government Reform. In a hearing, you said during my tenure as unit chief I adjudicated approximately 25,000 visa applications. I resigned in May of 2002 even though I received top evaluation and a challenging assignment. While I longed to return to my private practice, I was discouraged by the State Department’s lack of dedication to the enforcement of laws. I took my job very seriously. The State Department did not.”

Senator Menendez then asked: “Do you believe the State Department isn’t  committed to rule of law and national security of the United States?”

Mr. Risch’s response:

“Thank you senator, for the question and for the opportunity to address that testimony. The testimony was in 2002, not in 2007. It was 15 years ago that that testimony took place. It was during the time that the Department of Homeland Security was just being stood up. I believe a lot has changed at the State Department in 15 years. I’m enthusiastic about the future the way the bureau will be fulfilling its function with interagency cooperation, continuous vetting.”

Senator Menendez did not let him off the hook and asked again, “Do you believe the State Department is committed to the rule of law and the national security of the United States?”

Mr. Risch responded, Currently senator, I absolutely do.”

The NJ senator started talking about refugee and migration issues then asked Mr. Risch, “So do you believe that the Department of Homeland Security, which is notoriously bloated with a whole host of dysfunctional components, should be responsible still to have the visa, the very essence of the department you’re being nominated to, to be transferred to the Department of Homeland Security?”

Mr. Risch’s response:

“Well, 15 years ago, senator, I stand behind my testimony. It was a completely different time. And there were a lot of talk about consolidating different things into the Department of Homeland Security. Currently, I watched the Deputy Secretary testify yesterday that it’s currently not the intent of the Department of State —”

This is in reference to Deputy Secretary Sullivan’s testimony from Monday, at the same panel, about State not having an intention to transfer the consular function to DHS.  Senator Menendez cut him off saying “I’m not asking what their intent, I’m asking your view. You’re nominated for this position.”

This is Mr. Risch’s response:

“My view is I would … I follow the leadership of Department of State if confirmed. But as of today, I intend to lead the Bureau of Consular Affairs as it is currently formed. I believe that I will be, if confirmed a strong leader of all functions of the consular bureau including the visa function.” 

 

 

 

There’s something about Mr. Risch’s response that’s not very comforting to our ears. You, too? Maybe it’s the use of the word “currently” as “at the present time,” as in “now.” Maybe, that’s just his favorite word. Maybe it indicates that he does not have a solid view about a U.S. Government agency’s commitment to the rule of law and national security of this country.

To the question about his belief whether the State Department is committed to the rule of law and national security of the United States, Mr. Risch responded with “I absolutely do,” but he prefaced that response with “currently.” He used the same word when talking about the intent of the State Department, and in describing the bureau he is nominated to lead.

The use of the word “currently” implies that things might change. Does he know something we don’t? What he believes now, may not be what he believes next month, or next year. If the White House decides to move the visa function to DHS, and the State Department’s intent changes, Mr. Risch will “follow the leadership” at State. Then he will be back in the Senate to explain, “Currently, the State Department believe it is best to …”

For what it’s worth, we asked somebody who previously worked with Mr. Risch at an overseas post and the one feedback we got though brief was complimentary.

Mr. Risch’s prepared testimony is available here (pdf).

If confirmed, Mr. Risch would succeed career diplomat Michele Thoren Bond who served as Assistant Secretary for Consular Affairs from 2015-2017.

Below is a brief summary of the position and the previous appointees to this office via history.state.gov:

Assistant Secretaries of State for Consular Affairs

The Immigration and Nationality Act of 1952 (Jun 27, 1952; P.L. 82-414; 66 Stat. 174) established within the Department of State a Bureau of Security and Consular Affairs, headed by an Administrator with rank equal to that of an Assistant Secretary. From Mar 1 to Dec 30, 1954, the Bureau was renamed “Inspection, Security, and Consular Affairs.” From 1953 to 1962, the Secretary of State designated incumbents to this position. The Migration and Refugee Assistance Act of 1962 (Jun 28, 1962; P.L. 87-510; 76 Stat. 123) made the Administrator a Presidential appointee subject to the advice and consent of the Senate. In 1962, the Department transferred the security function to the Deputy Under Secretary for Administration, but the title remained unchanged until 1977, when the Foreign Relations Authorization Act for Fiscal Year 1978 (Aug 17, 1977; P.L. 95-105; 91 Stat. 847) changed the Administrator’s title to “Assistant Secretary of State for Consular Affairs.” This title has been given in full in all subsequent commissions to this office.

#