POTUS and Japanese PM Shinzo Abe Visit Pearl Harbor

Posted: 2:54 pm PT

 

“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

 

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

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

 

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

 

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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State/OIG Inspects US Mission Japan: Oh, Heck, Where Do We Start?

Posted: 1:35 pm EDT

 

State/OIG released it inspection report of the U.S. Embassy in Tokyo and its constituent posts.  The OIG made 65 recommendations intended to improve Embassy Tokyo’s operations and programs.  Mission Japan is headed by Ambassador Caroline Kennedy who arrived in November 2013, and her DCM,  Jason P. Hyland who arrived in June 2014. Mr. Hyland’s predecessor is not named in the report. Prior to this inspection, US Mission Japan was last reviewed in early 2008, and a report was issued in June 2008 (link to that report at the bottom of this post).

US Embassy Japan from diplomacy.state.gov

Let’s start with the key findings:

 The Department of State has not addressed security problems, including vulnerabilities which the Office of Inspector General identified in previous inspection reports.

 The role and authorities of the Ambassador’s chief of staff are not clearly defined, leading to confusion among staff as to her level of authority, and her role in internal embassy communications.

 The embassy’s focus on daily reporting of political and economic developments comes at the expense of building a broad network of contacts and providing in-depth analysis for policy formulation.

 The embassy is not coordinating reporting and diplomatic engagement across the mission. Constituent posts in Sapporo, Nagoya and Osaka-Kobe need to be brought up to the high standards set by posts in Fukuoka and Naha.

 The level of U.S. direct-hire staffing in the embassy’s political, economic, and consular sections is greater than workload warrants.

 The public affairs section faces major management challenges, but has begun to focus on educational exchanges and staffing adjustments to cope with the high visitor load and public outreach needs.

 American Presence Post Nagoya should cease offering routine consular services; consular operations in Fukuoka and Sapporo are inefficient.

 Although the embassy’s management section has made significant progress on cost containment, senior managers should pay greater attention to management controls over travel and official residence allowances.

 Office of Inspector General inspectors identified $122,665 in cost savings and $2,331,787 in funds put to better use during the inspection.

Overview of the mission:

Mission Japan is one of the U.S. Department of State’s (Department) most important missions in terms of its size and the U.S. interests for which it is responsible. The mission includes 13 U.S. Government agencies and 5 constituent posts: consulates general in Osaka-Kobe and Naha, consulates in Sapporo and Fukuoka, and an American Presence Post1 in Nagoya. The mission also includes the Foreign Service Institute language school in Yokohama. Headquarters of U.S. Forces Japan are located nearby at Yokota Air Base, and various U.S. military commands are located throughout the mainland and on Okinawa. The mission has 272 U.S. direct-hire employees and total employment of 727. In FY 2014, total funding for the mission, including other agencies, was $93.6 million. U.S. direct-hire employees were receiving a 25- to 35-percent cost-of-living allowance based on location at the time of the inspection.

Now, the good news:

  • Good Scores for Ethics | The Ambassador has made clear to the bureau’s executive office, the management officers at Embassy Tokyo, and her front office staff that she wants all her activities to be conducted in accordance with U.S. Government regulations. This was borne out by the fact that the highest score she received from staff members who completed a personal questionnaire was for her ethical behavior.
  • Hague Convention Accession | Japan is second only to Mexico in the number of children abducted from the United States. Japan’s accession to The Hague Convention on International Parental Child Abduction in 2014 was a significant development, due in no small part to Embassy Tokyo’s efforts to encourage Japan to join.
  • EFM Employment | A de facto work agreement with the Government of Japan allows family members to apply for work permits with strict rules governing employment. Twenty-seven eligible family members are employed inside the mission, and 34 eligible family members are employed outside the mission, mostly as English teachers.
  • RSO:  The Tokyo regional security office is responsible for the security and emergency preparedness of a large geographically dispersed diplomatic mission. In discussions and interviews with embassy staff members, the OIG team was told repeatedly that the regional security office is responsive to their needs. Accomplishments of the senior regional security officer include reinvigorating the law enforcement working group, updating and drafting missing or outdated security policies, and implementing modifications to the local guard contract that save the Department approximately $230,000 annually. The regional security office staff uniformly describes the senior regional security officer as a good mentor and communicator.
  • Cost Containment: In 2014, to contain cost, the embassy transferred 70 percent of its voucher processing to the Department’s regional voucher processing center. The cost to process a voucher in Japan is three times higher than at the regional center. The transfer resulted in the elimination of at least two voucher examiner positions.

And the not so good news, oh where do we start?

  • Leadership | A non-career Ambassador with wide experience in nongovernmental and publishing industries leads Embassy Tokyo. She sees the strengthening of mutual understanding between the Japanese and the American people and the deepening of the security alliance as her prime responsibilities. The Ambassador does not have extensive experience leading and managing an institution the size of the U.S. Mission to Japan. She relies upon two key senior staff members—her non-career chief of staff and a career Senior Foreign Service deputy chief of mission (DCM)—to make sure that Embassy Tokyo and its constituent posts receive the resources and guidance they need to conduct day-to-day operations. The chief of staff, who has extensive experience in public relations and has worked with the Ambassador over a period of years, organizes special projects for the Ambassador, coordinates functions within the embassy, and oversees embassy staff interactions with the Ambassador. The DCM, who arrived in Tokyo 6 months before the start of the onsite inspection process, focuses on internal management of the embassy and coordination with the constituent posts.
  • Communication Between the Front Office and Embassy Sections Needs Improvement.
  • High Visibility Ambassador Puts a Strain on Some Embassy Elements
  • Role of Chief of Staff Needs Refinement
  • The Deputy Chief of Mission Should be More Proactive in Exercising Leadership

The leadership section does not include discussion on training, mentoring, and professional development of First and Second Tour (FAST) officers, or mission morale. The report says that “four of seven officers in the public affairs section assigned to Tokyo have left post before their tour end date.”  There’s a term for that; it’s called curtailment.  A non-career chief of staff, a PR person, who has a large sway in the functioning of this embassy is not named in this report.  And just before the arrival of the inspectors, the front office apparently had made some headway on improving communication by holding a town hall meeting to unveil the revised memo outlining the activities the Ambassador would undertake. The report is not clear if this is the ambassador’s first town hall meeting with embassy staff.

Political Section:

  • Minister Counselor Positions Under-Ranked
  • Economic Section Has Too Many Supervisors
  • Economic Section Portfolios Organized Poorly
  • Excess Staff in the Political and Economic Sections
  • Law Enforcement Working Group Lacks Political Context

Econ Section

  • Reporting and Advocacy Needed on Structural Reform
  • Economic Section Not Keeping Proper Records and Files
  • Embassy Tokyo does not have a current records management policy and does not enforce Department and Federal regulations on records management.

  • The economic section’s reporting relies heavily on media sources. On some policy developments, the OIG team found that embassy reporting did not add value to more timely reporting by the international press. Reporting was mostly single-sourced and did not evidence a range of contacts among Japanese business leaders, legislators or staff, political parties, academia, or other economic leaders or decision makers, as intended by 2 FAM 113.1 c (10) and (11).

Consular Section

  • Consular Officer Staffing Is Excessive
  • No Coordination of Consular Social Media
  • Inefficient Consular Operations in Fukuoka and Sapporo

Note that citizens of some countries including Japan, who are traveling to the U.S. for 90 days less for business or tourism may not need a visa as they are eligible for the Visa Waiver Program (VWP). This report says that Tokyo’s consular section, with 14 officers, has more officer positions than other consular operations of similar workload, with a high proportion of managers to entry-level officers.

Management Section:

  • Inconsistencies in Billing Methods Creates Confusion
  • Cashiering Violation and Fiscal Irregularity
  • Class B Cashier’s Cash Advance is Excessive
  • Salaries Inappropriately Paid Directly to Official Residence Expense Staff (this is a pretty common subject in OIG reports)
  • Position Descriptions Are Inaccurate
  • Delays in Processing Within-Grade Increases
  • In-House Post Language Program Is Not Cost Effective
  • No In-House Equal Employment Opportunity Training Provided to Staff
  • Allegations of Sexual Harassment Not Reported to the Office of Civil Rights
  • Unauthorized Use of Motor Pool Shuttle Services
  • Living Quarters Allowance Not in Compliance with the Foreign Affairs Manual
  • No Emergency Backup Generators at Some Constituent Posts
  • The Department’s Office of Fire Safety conducted visits in 2014. The report identified 83 deficiencies of which the mission has corrected 53.
  • Locally Developed Software Applications Not in Compliance
  • Emergency Communication Does Not Meet Department Standards
  • No Logs of Network Maintenance
  • Premium Class Train Travel Policy Does Not Comply with Department Regulations
  • Extra Travel Costs Inappropriately Approved for Using Indirect Routes
  • USCG Naha: Inappropriate Use of Official Residence Expense Funds Instead of Representation Funds

Public Affairs

The OIG report says that in the past 8 months, four of seven officers in the public affairs section assigned to Tokyo have left post before their tour end date. That’s called curtailment. Unless they were all medevaced.

  • Embassy’s 11-person Media Analysis and Translation Team Lacks a Clear Mandate | Without a survey of the MATT’s customers, the embassy cannot confirm who—if anyone—is reading its products or justify the $1.25-million annual cost of operating the MATT.
  • Social Media Lacks Coordination| Several LE staff members work separately with social media, resulting in a multiplicity of uncoordinated messages
  • Grants Management Not in Compliance
  • No Public Diplomacy Strategy
  • The public affairs section was told to take a 26-percent cut. This reduced the public diplomacy allotment from $11.5 million in FY 2011 to $8.6 million in FY 2012. Even at that reduced rate, Mission Japan’s public affairs budget was still the largest in the Bureau of East Asian and Pacific Affairs. As a result of these budget cuts, the public affairs section eliminated 17 LE staff positions. The public affairs section allocated 68 percent of its FY 2014 budget of $8.5 million to LE staff salaries. According to the Under Secretary for Public Diplomacy and Public Affairs, this is high by world standards. […]The Ambassador selected the country public affairs officer, who arrived in Tokyo in August 2014, to stabilize the public affairs section, end the curtailments, define LE staff duties in order to clarify the new distribution of duties following the 2012 staff cuts, bring transparency to personnel decisions, and get the entire staff’s commitment to move forward. Since the public affairs officer’s arrival, the public affairs section has had considerable success, particularly with programs on educational exchange and women’s issues

A few more items with notable details extracted from the report:

Commercial Email Usage |  In the course of its inspection, OIG received reports concerning embassy staff use of private email accounts to conduct official business. On the basis of these reports, OIG’s Office of Evaluations and Special Projects conducted a review and confirmed that senior embassy staff, including the Ambassador, used personal email accounts to send and receive messages containing official business.

Employee Evaluation Reports do not Reflect Demonstrated Weaknesses | The OIG team reviewed a range of Department employee evaluations written by managers at the U.S. Mission to Japan. They found several examples of evaluations that did not reveal any indication of serious weaknesses, even though the rated officers had required in-depth management and or discipline by their supervisors and had absorbed time and resources from senior embassy officers. The DCM, having been at post only 6 months, has not yet produced employee evaluations. The inspectors advised him to make clear to rating officers that employee evaluations must present an accurate record of each staff member’s strengths and a realistic area for improvement.

Yokohama Language Program Cost-Benefit Analysis Lacking | To provide Japanese-language instruction in Yokohama, it costs the Department an estimated $2.3 million per year. The total cost of operating the school, factoring out fixed expenses, such as leasing residences for the students, post allowance, education allowance, the school director’s salary and benefits, and other sunk costs, is $1 million per year. This translates into a per-student cost of from $83,583 to $200,599 for a student body of from 5 to 12 students. The Department could be incurring higher costs for providing language services.

No Justification for Paying Post Allowance to Family Member Appointees | Worldwide, Embassies London and Tokyo are the only two authorized to pay post allowance to family member appointees. In 2001, the Department granted them an exception on the basis of their inability to recruit individuals for family member positions because of lower salaries and wages, in accordance with 3 FAM 8218.1 c. In Japan, these adverse employment conditions no longer exist. Except for security escort positions, the embassy has had no difficulty filling family member positions. It also has been able to fill some of its LE staff vacancies with eligible family members when they meet all position requirements. The cost impact to the embassy of providing the post allowance to nine full-time family members is $59,190, annually.

Consulate General Naha Not Benefiting from Zero Cost Leasing Offer | In February 2010, the Open Source Center located on the U.S. Army’s Torii Station offered four Government-owned houses located on Kadena Air Base to Consulate General Naha at zero leasing costs. Consulate General Naha has not fully considered this offer. The OIG team estimates accepting the Open Source Center’s offer would save leasing costs of $110,665 per year. The embassy would continue to fund utility and make-ready costs. In Naha, U.S. direct hires already use base services, including the commissary, Post Exchange, and other support services. U.S. direct-hire dependents attend Department of Defense schools. According to 15 FAM 228 b, housing selection should achieve maximum cost benefit to the U.S. Government, and every effort should be made to lease appropriate housing with terms that reflect the likelihood of the housing unit remaining in posts inventory, with lease terms of 5 years or more whenever appropriate.

Private Domestic Staff Inappropriately Housed in U.S. Government-Owned Facility | The embassy continues to house private domestic staff of U.S. direct-hire officers in a separate U.S. Government-owned facility (the former U.S. Marine Dormitory) despite a 2008 Office of Legal Counsel’s opinion cautioning that the legality of operating living quarters for private domestic servants of U.S. Government employees on U.S. Government premises is highly doubtful under Federal appropriations/employment law. The presence of such facilities on U.S. Government-controlled real property also raises liability issues under employment law and tort law. The embassy raised concerns about prior fraudulent domestic staff employment contracts, use of appropriated funds to maintain the facility and collection of utilities reimbursements through the employees association as a probable violation of appropriation law. At the time of inspection, 42 domestic staff resided in the 31-room U.S. Government-owned building designated for domestic staff. According to 15 FAM 244, post personnel may house full-time domestic staff in their own U.S. Government-provided quarters if space is available and approved by the regional security officer. The estimated cost of maintaining the facility is $60,000 per year.

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Related items:

OIG_ISP-i-15-35a JAPAN Aug 25, 2015

OIG – U.S. Embassy Tokyo, Japan and Constituent Posts June 2008

State Dept’s Wibbly Wobbly Jello Stance on Use of Private Email, Also Gummy Jello on Prostitution

Posted: 1:38 am EDT

 

We’ve added to our timeline of the Clinton Email saga (see Clinton Email Controversy Needs Its Own Cable Channel, For Now, a Timeline).

On August 24, 2015, State Dept. Spokesman John Kirby told CNN:  “At The Time, When She Was Secretary Of State, There Was No Prohibition To Her Use Of A Private Email.” Below is the video clip with Mr. Kirby.

Okay, then. Would somebody please get the State Department to sort something out. If there was no prohibition on then Secretary Clinton’s use of a private email, why, oh, why did the OIG inspectors dinged the then ambassador to Kenya, Scott Gration for using commercial email back in 2012? (See OIG inspection of US Embassy Kenya, 2012).

Screen Shot 2015-08-25

Oh, and here’s a more recent one dated August 25, 2015. The OIG inspection of U.S. Embassy Japan (pdf) says this:

In the course of its inspection, OIG received reports concerning embassy staff use of private email accounts to conduct official business. On the basis of these reports, OIG’s Office of Evaluations and Special Projects conducted a review and confirmed that senior embassy staff, including the Ambassador, used personal email accounts to send and receive messages containing official business. In addition, OIG identified instances where emails labeled Sensitive but Unclassified6 were sent from, or received by, personal email accounts.

OIG has previously reported on the risks associated with using commercial email for official Government business. Such risks include data loss, hacking, phishing, and spoofing of email accounts, as well as inadequate protections for personally identifiable information. Department policy is that employees generally should not use private email accounts (for example, Gmail, AOL, Yahoo, and so forth) for official business.7 Employees are also expected to use approved, secure methods to transmit Sensitive but Unclassified information when available and practical.8

OIG report referenced two cables, we’ve inserted the hyperlinks publicly available online: 11 STATE 65111 and 14 STATE 128030 and 12 FAM 544.3, which has been in the rules book, at least since 2005:

12 FAM 544.3 Electronic Transmission Via the Internet  (updated November 4, 2005)

“It is the Department’s general policy that normal day-to-day operations be conducted on an authorized [Automated Information System], which has the proper level of security control to provide nonrepudiation, authentication and encryption, to ensure confidentiality, integrity, and availability of the resident information.”

This section of the FAM was put together by the Office of Information Security (DS/SI/IS) under the Bureau of Diplomatic Security, one of the multiple bureaus that report to the Under Secretary for Management.

Either the somebodies were asleep at the switch, as the cliché goes, or somebody at the State Department gave authorization to the Clinton private server as an Automated Information System.

In any case, the State Department’s stance on the application of regulations on the use of private and/or commercial email is, not wobbly jello on just this one subject or on just this instance.

gummy-bears-o

dancing jello gummy bears

On October 16, 2014, State/OIG released its Review of Selected Internal Investigations Conducted by the Bureau of Diplomatic Security. This review arose out of a 2012 OIG inspection of the Department of State (Department) Bureau of Diplomatic Security (DS). At that time, OIG inspectors were informed of allegations of undue influence and favoritism related to the handling of a number of internal investigations by the DS internal investigations unit. The allegations initially related to eight, high-profile, internal investigations. (See State/OIG Releases Investigation on CBS News Allegations: Prostitution as “Management Issues” Unless It’s NotCBS News: Possible State Dept Cover-Ups on Sex, Drugs, Hookers — Why the “Missing Firewall” Was a Big Deal).

One of those eight cases relate to an allegation of soliciting a prostitute.

The Foreign Affairs Manual (FAM) provides that disciplinary action may be taken against persons who engage in behavior, such as soliciting prostitutes, that would cause the U.S. Government to be held in opprobrium were it to become public.1

In May 2011, DS was alerted to suspicions by the security staff at a U.S. embassy that the U.S. Ambassador solicited a prostitute in a public park near the embassy. DS assigned an agent from its internal investigations unit to conduct a preliminary inquiry. However, 2 days later, the agent was directed to stop further inquiry because of a decision by senior Department officials to treat the matter as a “management issue.” The Ambassador was recalled to Washington and, in June 2011, met with the Under Secretary of State for Management and the then Chief of Staff and Counselor to the Secretary of State. At the meeting, the Ambassador denied the allegations and was then permitted to return to post. The Department took no further action affecting the Ambassador.

OIG found that, based on the limited evidence collected by DS, the suspected misconduct by the Ambassador was not substantiated. DS management told OIG, in 2013, that the preliminary inquiry was appropriately halted because no further investigation was possible. OIG concluded, however, that additional evidence, confirming or refuting the suspected misconduct, could have been collected. For example, before the preliminary inquiry was halted, only one of multiple potential witnesses on the embassy’s security staff had been interviewed. Additionally, DS never interviewed the Ambassador and did not follow its usual investigative protocol of assigning an investigative case number to the matter or opening and keeping investigative case files.

Department officials offered different justifications for handling the matter as a “management issue,” and they did not create or retain any record to justify their handling of it in that manner. In addition, OIG did not discover any guidance on what factors should be considered, or processes should be followed, in making a “management issue” determination, nor did OIG discover any records documenting management’s handling of the matter once the determination was made.

The Under Secretary of State for Management told OIG that he decided to handle the suspected incident as a “management issue” based on a disciplinary provision in the FAM that he had employed on prior occasions to address allegations of misconduct by Chiefs of Mission. The provision, applicable to Chiefs of Mission and other senior officials, states that when “exceptional circumstances” exist, the Under Secretary need not refer the suspected misconduct to OIG or DS for further investigation (as is otherwise required).2 In this instance, the Under Secretary cited as “exceptional circumstances” the fact that the Ambassador worked overseas.3

DS managers told OIG that they viewed the Ambassador’s suspected misconduct as a “management issue” based on another FAM disciplinary provision applicable to lower-ranking employees. The provision permits treating misconduct allegations as a “management issue” when they are “relatively minor.”4 DS managers told OIG that they considered the allegations “relatively minor” and not involving criminal violations.

Office of the Legal Adviser staff told OIG that the FAM’s disciplinary provisions do not apply to Ambassadors who, as in this instance, are political appointees and are not members of the Foreign Service or the Civil Service.5

OIG questions the differing justifications offered and recommends that the Department promulgate clear and consistent protocols and procedures for the handling of allegations involving misconduct by Chiefs of Mission and other senior officials. Doing so should minimize the risk of (1) actual or perceived undue influence and favoritism and (2) disparate treatment between higher and lower-ranking officials suspected of misconduct.6 In addition, OIG concludes that the Under Secretary’s application of the “exceptional circumstances” provision to remove matters from DS and OIG review could impair OIG’s independence and unduly limit DS’s and OIG’s abilities to investigate alleged misconduct by Chiefs of Mission and other senior Department officials.

In the SBU report provided to Congress and the Department, OIG cited an additional factor considered by the Under Secretary—namely, that the Ambassador’s suspected misconduct (solicitation of prostitution) was not a crime in the host country. However, after the SBU report was issued, the Under Secretary advised OIG that that factor did not affect his decision to treat the matter as a “management issue” and that he cited it in a different context. This does not change any of OIG’s findings or conclusions in this matter. 

After the SBU report was issued, the Under Secretary of State for Management advised OIG that he disagrees with the Office of the Legal Adviser interpretation, citing the provisions in the Foreign Service Act of 1980 which designate Chiefs of Mission appointed by the President as members of the Foreign Service. See Foreign Service Act of 1980, §§ 103(1) & 302(a)(1) (22 USC §§ 3903(1) & 3942(a)(1)). 

During the course of that review, State/OIG said it discovered some evidence of disparity in DS’s handling of allegations involving prostitution. Between 2009 and 2011, DS investigated 13 prostitution-related cases involving lower-ranking officials.

The OIG apparently, found no evidence that any of those inquiries were halted and treated as “management issues.”

.

Also, have you heard?  Apparently, DEA now has an updated “etiquette” training for its agents overseas.

That’s all.

Is there a diplomatic way to request that the responsible folks at the State Department culture some real backbone in a petri-dish?

No, no, not jello backbone, please!

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SCOTUS Rules Same-Sex Marriage Is a Right, See Round-Up of US Embassies on LGBT Pride Month

Posted: 9:27 am PDT

 

SCOTUS ruled today in a 5-4 decision that the Constitution guarantees a right to same-sex marriage. Justice Kennedy said gay and lesbian couples had a fundamental right to marry. Excerpt from the majority opinion written by Justice Kennedy (via NYT):

“No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family,” he wrote. “In forming a marital union, two people become something greater than once they were.”

“It would misunderstand these men and women to say they disrespect the idea of marriage,” Justice Kennedy said of the couples challenging state bans on same-sex marriage. “Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”

The case is Obergefell v. Hodges.  Read the SCOTUS opinion here (pdf). Sending hugs to our friends in the LGBT community this beautiful and historic summer day!

Below is a round-up of U.S. embassies marking LGBT Pride Month this year:

Nicosia, Cyprus

Wellington, New Zealand


Manila , Philippines

Ankara, Turkey

Tel Aviv, Israel

.

 

Buenos Aires, Argentina


Luxembourg

 

Tokyo, Japan 

 

London, United Kingdom

Meanwhile, in Amman, Jordan

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US Embassy Tokyo: Consular Section Contributes to Flowers Will Bloom Project

Posted: 12:19 am  EDT

 

Via US Embassy Tokyo

“The American Embassy offers its continued sympathy and support for the victims of the 3.11 Triple Disaster, and is pleased and proud to contribute to the Flowers Will Bloom project. Here, staff from our consular section offer their version of the Flowers Will Bloom, highlighted by photos of Ambassador Kennedy’s visits to Tohoku in 2013 and 2014.”

The triple disaster of the earthquake, tsunami, and Fukushima nuclear plant breakdown struck Japan on March 11, 2011.

 

 

Embassy Tokyo and USCG Okinawa are currently in the front pages due to media reports that both Ambassador Kennedy and Consul General Alfred Magleb had been the objects of death threats in telephone calls last month. We don’t know why the news are just showing up now.

The Consular Section in Naha serves a large number of American military personnel and their families stationed on Okinawa. According to the Consulate General, its staff includes a 10-person consular team looking after Americans in need of passports (over 5,000 per year), reports of birth abroad (well above 1,000 annually), and other U.S. citizen services.

According to a 2014 CRS report, the Japanese archipelago serves as the most significant forward-operating platform for the U.S. military in the region; approximately 53,000 military personnel (39,000 onshore and 14,000 afloat in nearby waters), 43,000 dependents, and 5,000 Department of Defense civilian employees live in Japan.  It also notes that about 25% of all facilities used by U.S. Forces Japan and about half of the U.S. military personnel are located in Okinawa, which comprises less than 1% of Japan’s total land area.

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September 11 Remembrances From Around the World

— Domani Spero

 

U.S. Embassy London, UK

Via U.S. Embassy London/Flickr (2013)

Via U.S. Embassy London/Flickr (2013)

U.S. Embassy Singapore

Commemoration of the 10th Anniversary of 9/11, U.S. Embassy Singapore

Commemoration of the 10th Anniversary of 9/11, U.S. Embassy Singapore (2011)

U.S. Embassy Canada

Hundreds of fire and rescue workers and their supporters participated in the 9-11 Memorial Ride.  Here, riders arrive at the Peace Arch. Photo via US Embassy Canada/Flickr (2011)

Hundreds of fire and rescue workers and their supporters participated in the 9-11 Memorial Ride. Here, riders arrive at the Peace Arch. Photo via US Embassy Canada/Flickr (2011)

U.S. Embassy Santiago, Chile

The Chargé d’Affaires of the U.S Embassy in Santiago, Stephen M. Liston, presided over an official ceremony of remembrance for the victims of the terrorist attacks on New York, Washington, D.C. and Pennsylvania occurred on 09/11/2001 (US Embassy Chile - 2013))

The Chargé d’Affaires of the U.S Embassy in Santiago, Stephen M. Liston, presided over an official ceremony of remembrance for the victims of the terrorist attacks on New York, Washington, D.C. and Pennsylvania occurred on 09/11/2001 (US Embassy Chile – 2013)

  U.S. Embassy Tel Aviv, Israel

The U.S. Embassy, Keren Kayemet Leisrael (KKL-JNF and KKL-USA), the city of Jerusalem and families of victims, gathered at the “9/11 Living Memorial” site at Emek Arazim, Jerusalem Hills Park to commemorate 10 years to the terror attacks of September 11, 2001. Photo by US Embassy Tel Aviv/FB (2011)

The U.S. Embassy, Keren Kayemet Leisrael (KKL-JNF and KKL-USA), the city of Jerusalem and families of victims, gathered at the “9/11 Living Memorial” site at Emek Arazim, Jerusalem Hills Park to commemorate 10 years to the terror attacks of September 11, 2001. Photo by US Embassy Tel Aviv/FB (2011)

U.S. Embassy Beijing, China

September 11th Ceremony, 9/11/11 via US Embassy Beijing/FB (2011)

September 11th Ceremony, 9/11/11
via US Embassy Beijing/FB (2011)

U.S. Embassy Canberra, Australia

10th Anniversary of September 11, U.S. Embassy Canberra, Australia. (2011) (Official U.S. Embassy photo by Adam P. Wilson)

10th Anniversary of September 11, U.S. Embassy Canberra, Australia. (2011)
(Official U.S. Embassy photo by Adam P. Wilson)

U.S. Embassy Wellington, New Zealand

10th Anniversary of 9-11. Commemoration Service, Wellington, New Zealand (2011)

10th Anniversary of 9-11. Commemoration Service, US Embassy Wellington, New Zealand (2011)

Christchurch, New Zealand

9/11 Memorial Service, Christchurch, New Zealand, September 11, 2010

9/11 Memorial Service, Christchurch, New Zealand, September 11, 2010

U.S. Consulate General Vancouver

Plaque Presentation at Vancouver International Airport  YVR Managing Director Larry Berg with U.S. Consul General Anne Callaghan beside a plaque expression thanks, presented to the airport by the Consul General on September 11, 2011.

A memorial plaque thanking the people of British Columbia for the assistance they extended to Americans and others on and after September 11, 2001. ‘In commemoration of the tenth anniversary of the terror attacks of September 11, 2001 the United States Consulate General in Vancouver, on behalf of the people of the United States, wishes to thank the people of British Columbia for their support and generosity following the events of that day. Canadians received diverted passengers unable to land at their U.S. destinations, opening not only their airports, but also their homes and hearts.’ 
Plaque Presentation at Vancouver International Airport YVR Managing Director Larry Berg with U.S. Consul General Anne Callaghan on September 11, 2011.

 U.S. Embassy Chisinau, Moldova

Prime Minister Iurie Leanca, accompanied by Deputy Prime Minister for Reintegration Eugen Carpov, today laid flowers at the Chisinau-based US embassy, in the memory of the victims of the 11 September 2001 terrorist attack in the USA.

Prime Minister Iurie Leanca, accompanied by Deputy Prime Minister for Reintegration Eugen Carpov, laid flowers at US Embassy Chisinau, Moldova in memory of the victims of the 11 September 2001 terrorist attack. (Photo via gov.md 2013)

 U.S. Embassy Yaounde, Cameroon

Embassy Yaounde Pauses to Remember 9/11 Colonel Morgan plays the bagpipes during the ceremony. [Photo by U.S. Embassy Yaounde] 2013

Embassy Yaounde Pauses to Remember 9/11
Colonel Morgan plays the bagpipes during the ceremony. [Photo by U.S. Embassy Yaounde] 2013

U.S. Embassy Kuwait, Kuwait

U.S. Ambassador to Kuwait, Deborah K. Jones and Brig. Gens. William Frink and James Walton, commander, 311th Sustainment and 335th Signal Commands, lead over 500 participants during the Freedom Walk held at the U.S. Embassy in Kuwait, Sept 11, 2008.

U.S. Ambassador to Kuwait, Deborah K. Jones and Brig. Gens. William Frink and James Walton, commander, 311th Sustainment and 335th Signal Commands, lead over 500 participants during the Freedom Walk held at the U.S. Embassy in Kuwait, Sept 11, 2008.

U.S. Embassy Paris, France

Ceremony at the Trocadero esplanade in Paris, September 11, 2011 Drapeau américain sur la Place du Trocadéro. Photo P.Maulavé U.S. Embassy Paris, France - 2011

Ceremony at the Trocadero esplanade in Paris, September 11, 2011
Drapeau américain sur la Place du Trocadéro. Photo P.Maulavé
U.S. Embassy Paris, France – 2011

U.S. Embassy Tokyo, Japan

(September 10, 2014) Flowers at a memorial for the Japanese victims of the September 11 terrorist attacks. Caroline Kennedy, U.S. Ambassador to Japan, participated in the memorial at the Mizuho Bank. The victims were working in the offices of Fuji Bank (now incorporated into the Mizuho Financial Group) in the World Trade Center in New York City. [State Department photo by William Ng/Public Domain]

 

U.S. Embassy New Delhi, India

 

 

 U.S. Embassy Kabul, Afghanistan

A steel carving of the lower Manhattan skyline on display during a during a 9/11 commemoration at the U.S. Embassy in Kabul, Afghanistan, Sept. 11, 2011. DOD Photo by Master Sgt. Michael O'Connor

A steel carving of the lower Manhattan skyline on display during a during a 9/11 commemoration at the U.S. Embassy in Kabul, Afghanistan, Sept. 11, 2011. DOD Photo by Master Sgt. Michael O’Connor

 

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