U.S. Ambassador to Japan William F. Hagerty IV Resigns to Run For U.S. Senate

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On July 16, the US Embassy in Tokyo issues a statement concerning the expected resignation of Ambassador William F. Hagerty IV:
U.S. Ambassador to Japan William F. Hagerty IV is in the process of resigning as Ambassador. He was sworn in as U.S. Ambassador to Japan on July 27, 2017 and will have served approximately two years.
Ambassador Hagerty is honored to have represented the President and the American people in his work to advance the U.S.-Japan Alliance, the cornerstone of peace and prosperity in the Pacific.
Upon Ambassador Hagerty’s departure, Joseph M. Young will assume duties as the U.S. Embassy’s Chargé d’Affaires ad interim.
Ambassador Hagerty reportedly departed post on July 22, 2019.
According to Embassy Tokyo, CDA Young became Chargé d’Affaires ad interim on July 20, 2019. Below is his brief bio:
CDA Joseph M. Young began his tenure as Deputy Chief of Mission on August 17, 2017. Mr. Young, a career member of the U.S. Senior Foreign Service, previously served as Director for Japanese Affairs at the Department of State from August 2014. From 2012 to 2014, he was Deputy Foreign Policy Advisor for the U.S. Pacific Command. Mr. Young served as Political-Military Unit Chief at U.S. Embassy Tokyo from 2009 to 2012.
Mr. Young’s other assignments include: Political-Economic Section Chief, U.S. Embassy Dublin (2004-2007); Aviation Negotiations Officer in the State Department’s Economics Bureau (2002-2004); Economics Affairs Officer, U.S. Embassy Beijing (1999-2002); Economics Research at the Foreign Service Institute (1996-1997); Political Affairs Officer, U.S. Embassy Nairobi (1994-1996); and Consular Affairs Officer, U.S. Embassy Singapore (1991-1993).
Mr. Young holds a master’s degree in Foreign Service from Georgetown University and a bachelor’s degree in Classics from Borromeo College. He speaks Japanese and Chinese. Mr. Young is married and has three daughters.

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Foreign Service Posts Around the World Look Back at 2017, Send New Year Wishes For 2018

Posted: 12:27 pm PT

 

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As 2017 draws to a close, Ambassador Kamala Shirin Lakhdhir and the entire team at the U.S. Embassy in Kuala Lumpur want to thank our Malaysian friends and partners for a wonderful year. We’re looking forward to continuing our work together in 2018 and beyond. 2017年落幕之时,雷荷花大使及美国大使馆团队衷心感谢所有大马朋友及伙伴在这一年所给予的支持。期盼在2018年及将来继续与你们携手合作。 Tahun 2017 akan melaburkan tirainya. Duta Besar Kamala Shirin Lakhdhir dan seluruh pasukan di Kedutaan A.S. di Kuala Lumpur ingin mengucapkan terima kasih kepada rakan dan rakan kongsi Malaysia kami untuk tahun yang hebat ini. Kami tidak sabar untuk meneruskan kerja bersama pada 2018 dan seterusnya.

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VP Pence Swears-In U.S. Ambassador to Japan Bill Hagerty

Posted: 2:58 am ET
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U.S. Senate Confirms William F. Hagerty IV as U.S. Ambassador to Japan

Once a year, we ask for your support to keep this blog going. We’re running our fundraising campaign until Saturday, July 15.  Help Us Get to Year 10!

Posted: 1:59 am ET
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On July 13, the U.S. Senate confirmed the nomination of William Hagerty IV to be the U.S. Ambassador to Japan. He succeeds Caroline Bouvier Kennedy (1957–) who served at the US Embassy Tokyo from November 19, 2013 to January 2017. See related posts:

Other previous appointees to this position include career and political appointees like Howard Henry Baker Jr. (1925–2014)Walter F. Mondale (1928–)Michael Joseph Mansfield (1903–2001)Douglas MacArthur II (1909–1997) and Ural Alexis Johnson (1908–1997) to name a few.

Only 6 of the last 15 appointments as Ambassador to Japan since the 1950’s were career diplomats:  Ural Alexis Johnson (1908–1997)Armin Henry Meyer (1914–2006)Douglas MacArthur II (1909–1997)John Moore Allison (1905–1978)Robert Daniel Murphy (1894–1978) and Michael Hayden Armacost (1937–).  According to history.state.gov, the last career diplomat sent as ambassador to Japan was Michael Hayden Armacost (1937–) who served from May 15, 1989–July 19, 1993. With the latest confirmation, it has now been 24 years since a career diplomat was appointed and confirmed as chief of mission at U.S. Embassy Tokyo.

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Lonesome Rex to Make Inaugural Trip to Asia Without His Traveling Press?

Posted: 2:37 am ET
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Secretary Tillerson knew when he took this job that he would be the face and the voice of America to the world. That includes talking to the press, and more importantly answering questions from the press corps. We get that he’s new at this but he better get it together fast; he’s now one of our most prominent public servants, and he cannot continue to evade the press and avoid answering questions without running afoul of one of his three core principles.

NBC’s Andrea Mitchell  has now been escorted twice out of a State Department presser. Reporters were also previously escorted out during the Lavrov-Tillerson meeting in Germany. We betcha when Secretary Tillerson starts talking to the press, reporters would not have to shout their questions during every 30-second photo-op. And now, we’re hearing that Secretary Tillerson is making his inaugural trip to Asia next week. He will be traveling with the new Acting Assistant Secretary of State for the EAP Bureau Susan Thornton who assumed post after Danny Russel’s recent departure.  According to the State Department, Secretary Tillerson will arrive in Tokyo on March 15, continue on to Seoul on March 17, and travel to Beijing on March 18 —  apparently without his traveling press.

Here is the official word on this according to the acting @StateDept spox, Mark Toner:

[W]ith respect to the trip to Asia, we’re still working out the logistics, so I really can’t say specifically or speak definitively, I guess, as to whether we will be able to accommodate any press on the Secretary’s plane. I think we’re all aware that it is a smaller plane for this particular trip. There will, as you know, going to – there will be some U.S. media who will be traveling to the destinations, each destination, and of course, we will do our utmost to support them at those destinations and provide whatever access we can.  And I think going forward, the State Department is doing everything it can to – and will do everything it can to accommodate a contingent of traveling media on board the Secretary’s plane.

Wait, Secretary Tillerson’s minders did not purposely select a smaller plane, did they?  The smaller plane excuse would only really work had Secretary Tillerson traveled with the full press during his trips to Mexico and Germany, then say, hey, can’t this time because we’re forced to use a smaller plane. But in Mexico, Secretary Tillerson reportedly only traveled with press pools, took a small plane and had one writer and one photographer. So this is starting to look like this could be the new normal.  If he can get away with not taking his traveling press this time, are we looking at our top diplomat ditching the press for good in the future?  This is, of course, worrisome coz how are we going to Make America Great Again if we can’t even provide a good size plane for our chief diplomat and his traveling press?

Folks, this doesn’t look good. You need to make this right. And hey, about the milkbox, does he have a favorite color?

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POTUS and Japanese PM Shinzo Abe Visit Pearl Harbor

Posted: 2:54 pm PT
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“As the prime minister of Japan, I offer my sincere and everlasting condolences to the souls of those who lost their lives here, as well as to the spirits of all the brave men and women whose lives were taken by a war that commenced in this very place, and also to the souls of the countless innocent people who became victims of the war.  We must never repeat the horrors of war again.  This is the solemn vow we, the people of Japan, have taken. And since the war, we have created a free and democratic country that values the rule of law and has resolutely upheld our vow never again to wage war.”

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Baloun v. Kerry: U.S. Equal Employment Protection Do Not Cover Foreign Employees of U.S. Embassies

Posted: 4:03 am ET
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The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.  Discrimination types includes:

Last year, State/OIG did an inspection (PDF) of the State Department’s Office of Civil Rights, an office that reports directly to the secretary of state and is tasked with the following:

… charged with propagating fairness, equity, and inclusion throughout the Department’s workforce. S/OCR answers to the Equal Employment Opportunity Commission (EEOC) and is charged with ensuring a nondiscriminatory workplace environment, investigating Equal Employment Opportunity (EEO) complaints and harassment inquiries, and working with the Bureau of Human Resources to implement federally mandated requirements in the Department’s diversity and disability hiring process. S/OCR is answerable to the EEOC, Congress, and other executive branch agencies in reporting on the Department’s standing in complaint and diversity statistics and recruitment planning.

The report includes a section labeled: EEO Liaisons for Locally Employed Staff Overseas

S/OCR has stepped up efforts to improve counseling and training for locally employed (LE) staff overseas. Providing EEO counseling to LE employees complies with Department policy in 3 FAM 1514.2 (a) and (d) rather than a regulatory mandate and is not included in S/OCR’s external reporting requirements. Nevertheless, in 2013 S/OCR began tracking counseling for these employees; the initial intake is recorded in the EEO counselor SharePoint site. The Intake and Resolution Section is also in the process of revamping LE counselor training; for example, having post EEO counselors train the LE liaisons and improving written training materials for LE staff. S/OCR believes these efforts have increased awareness among LE staff members and led to an increase in the number of complaints from them, although these numbers are not available, since the section only recently began tracking them.

The most recent OIG inspection of the U.S. Embassy in Tashkent, Uzbekistan (PDF) includes the following item on Equal Employment Opportunity:

The names and contact information of the EEO counselor and the EEO liaisons for the locally employed staff members were not publicized, as required by 3 FAM 1514.2a. OIG suggested that this information be added to mission bulletin boards. Also, OIG suggested EEO refresher training for the mission-wide locally employed staff and their EEO liaisons.

The OIG inspection report of the U.S. Embassy Japan (PDF) in 2015 include the following details:

In interviews, the OIG team learned that the embassy did not report three complaints of sexual harassment to the Office of Civil Rights as required. Although embassy officials had taken actions to address these complaints, they were unaware of this reporting requirement and told the OIG team they would report these allegations to the Office of Civil Rights. According to 3 FAM 1525. 2-1 c, supervisors and other responsible Department officials who observe, are informed of, or reasonably suspect incidents of possible sexual harassment must report such incidents immediately to the Office of Civil Rights, which will initiate or oversee a prompt investigation. Without adherence to this requirement, sexual harassment complaints could go unreported to the Department.
[…]
According to 13 FAM 312 c, EEO and diversity training is mandatory for all managers and supervisors, and all employees are strongly encouraged to participate in EEO and diversity awareness training or training containing an EEO and diversity module, on average, every 5 years. EEO and sexual harrassment complaints lower office morale and employee productivity. These compaints/cases are also time consuming and can be costly to settle.

These EEO and diversity trainings — do they include a part where non-U.S. citizen employees of U.S. embassies and agencies operating overseas are told they are not covered by EEO regulations?

So there are trainings and appointed EEOC liaisons but if a local employee file a case, post and the EEOC goes through the motion of investigating; and then sorry, non-U.S. citizens are not covered by these EEOC regulations? Isn’t this just a game of pretense? Below is an EEOC ruling extracted from publicly available court records:

Earlier this year, Dalibor Baloun, the former FSN of US Embassy Prague in this EEOC noncase filed an employment discrimination lawsuit against Secretary Kerry in the District Court for the District of Columbia with the notion — as indicated by the EEOC letter under the “right to request counsel” — that he could ask the court for an appointment of an attorney and waiver of other court costs.

Federal civil rights statutes expressly permit aliens to bring claims of civil rights violations in federal court. And the Sixth Amendment to the United States Constitution provides for the right of counsel in criminal prosecutions but it does not say anything about civil litigations. Has there ever been an instance when a U.S. court granted a a court appointed attorney for a foreign employee of a U.S. Government who is residing overseas? Or is that EEOC letter just template language?

We should note that while we do not have an exhaustive list of all discrimination claims filed against the State Department, we have only been aware of one case filed by a locally hired employee that prevailed in U.S. courts. That locally hired employee is also a U.S. citizen hired overseas.  See Miller v. Clinton: Amcit FSN takes State Dept to Court for Age Discrimination  and Miller v. Clinton: Court Says State Dept Not/Not Exempt from Age Discrimination Law.

 

Related items:

USG Supports Japan Relief Efforts Following Kyushu Earthquakes, Also What’s This Mystery Foam?

Posted: 12:02 am ET
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USGC reported the April 14 and 15 earthquakes that hit the island of Kyushu:

The April 15, 2016 M 7.0 earthquake north of Kumamoto, on the island of Kyushu in southwest Japan, occurred as the result of strike-slip faulting at shallow depth. Focal mechanisms for the earthquake indicate slip occurred on either a left-lateral fault striking to the northwest, or on a right-lateral fault striking northeast. While the earthquake occurred several hundred kilometers northwest of the Ryukyu Trench, where the Philippine Sea plate begins its northwestward subduction beneath Japan and the Eurasia plate, the shallow depth and faulting mechanism of this earthquake indicate it occurred on a crustal fault within the upper Eurasia plate. At the location of this event, the Philippine Sea plate converges with Eurasia towards the northwest at a velocity of 58 mm/yr.

The April 15, 2016, M 7.0 event (UTC 16:25:06) occurred one day after a series of foreshocks in the same region, which included M 6.2 and M 6.0 earthquakes. The April 14 events resulted in at least 9 fatalities and over 800 injuries.

According to the US Consulate in Fukuoka which covers the consular district, the Kyushu/Yamaguchi Region of southwestern Japan consists of seven prefectures on Kyushu Island (Fukuoka, Oita, Saga, Nagasaki, Kumamoto, Miyazaki, Kagoshima) and Yamaguchi prefecture on the southern tip of Honshu, with a combined population of over 15 million. The region’s $435 billion economy constitutes Japan’s fourth largest economic center, representing about 10 percent of national GDP – comparable in size to the Netherlands.

The US Embassy in Tokyo issued one Emergency Message to U.S. citizens saying in part that “Kumamoto is approximately 730 miles southwest of Tokyo. Authorities report nine confirmed deaths and as many as 1,000 injured. Local authorities report no U.S. citizens among the casualties. No tsunami warning was issued. The Japan Meteorological Agency reported several aftershocks, some of which exceeded 5.0 magnitude. Aftershocks may continue for up to a week. Heavy rains are expected in the region over the coming weekend, which may lead to landslides.”

U.S. Forces Japan announced that the Marines with the 31st Marine Expeditionary Unit arrived on Marine Corps Air Station Iwakuni, Japan, over the weekend to assist with recovery efforts in support of the Government of Japan’s relief efforts. According to the DOD release, the U.S. military support is provided at the request of the Government of Japan and is in support of efforts undertaken by the Japanese Self Defense Force.

Japan Times reported that a cabinet secretary said there [are] no abnormalities at nearby nuclear facilities. The epicenter was 120 km (74 miles) northeast of Kyushu Electric Power Co.’s Sendai nuclear plant in Kagoshima Prefecture, the only one operating in the country.  The Asahi Shimbun quotes Chief Cabinet Secretary Yoshihide Suga saying, “Under the current circumstances, there is no need to stop the plant because (the shaking) is sufficiently low.”

Meanwhile, in Fukuoka, motorists and pedestrians have reported seeing white foam on the streets after the quakes:

 

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

Posted: 12:17 am EDT
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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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Ex-State Dept Employee Settles Housekeeper’s Claim Over Slavery and Rape

Posted: 4:01  am EDT
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In September 2012, we blogged about the Linda and Russell Howard case (see Court Awards $3.3 Million Default Judgment Against State Dept Couple Accused of Slavery and Rape of Housekeeper). The Court’s opinion dated September 4, 2012 is here — Jane Doe v. Linda Howard, et.al, (pdf).

On March 5, 2015, Australia’s Herald Sun reported that the Howards who moved to Melbourne were chased through the local court by Jane Doe and that Australian Justice Jack Forrest upheld the US decision. “My opinion is that it would be an abuse of process … to permit Mrs Howard to claim that Jane Doe’s claim was fraudulent,” Justice Forrest said.  “Mrs Howard chose not to agitate her claim … and it was her choice to leave the (United States),” the Herald Sun quotes Judge Forrest.

At that time, the report indicated that Mrs Howard’s legal team was considering an appeal.

On September 6, 2015, Australia’s The Age reported the settlement of the case, and provided more details on how the plaintiff pursued this case in Australian court.   Read more here.

The Daily Mail also reported on this case here citing Justice Forrest saying that Linda Howard “could not argue the housekeeper’s claim was fraudulent after remaining silent on the matter for two years and not fighting it in US courts when she had the chance.”   

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