Forum Vol. 2 No 3 - Late Fall 2015

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CONSULAR | DIPLOMATIC

FORUM

©

PUBLISHED BY CINN GROUP, INC. FOR THE CONSULAR CORPS COLLEGE - 2015 - NO. 4

2015 Symposium

…a personal perspective

INSIDE… TWO ORGANIZATIONS. TWO PROFESSIONS. LINKED TOGETHER . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 6

SME DEVELOPEMENT IN SOUTHEAST ASIA . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 19

CONSULAR OFFICERS AND INTERNATIONAL STUDENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 7

2015 SYMPOSIUM … A PERSONAL PERSPECTIVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 22

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info@aquilanassurance.com

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CONTENTS FROM THE DEAN MAURO KOLOBARIC

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MATTERS OF PROTOCOL: Two Organizations. Two Professions.

Linked Together. LANIE DENSLOW

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FOREWORD: Safe Harbor and Data Protection Ruling STEFANO ACUNTO

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INTERNATIONAL RELATIONS: Consular Officers and International Students

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DATELINE WASHINGTON: FYI Consular Officers - Maintaining Status is Critical for International Students

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Attendees Rate Symposium Program

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CONSULAR NEWS: Changes in Title Accreditations

FORUM© The Consular Corps College Quarterly Publication fall 2015 VOL. 2 NO. 4

Consistant with VCCR

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• Written for Consular Officers

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• Reaching over 1,200 career and Honorary Consulates across the fifty U.S. States and Puerto Rico, as well as the Embassies in Washington, D.C. and the U.N. Permanent Missions in New York City

FROM COUNSEL: Buying, Renovating and Leasing Diplomatic Missions

THE CONSULAR | DIPLOMATIC

LAINA LOPEZ

Design Director, Gina Marie Balog

COUNTRY SPOTLIGHT: New Zealand

16 Consular and Diplomatic FORUM is published quarterly by CINN Worldwide, Inc. (P.O. Box

INTERNATIONAL OUTREACH: SME Development in Southeast Asia

9001, Mt. Vernon, N.Y. 10552) for The Consular

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SHIUMEI LIN

2015 Symposium …a personal perspective

Corps College (CCC), a non­profit organization, and its members across the United States.

All editorial inquiries should be directed to Hon. Stefano Acunto, sa@cinn.com (914) 966­3180, ext. 110.

HON. MATTHIAS EGGERTSSON

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ing of CCC; subscriptions are $19.95 per year.

Send address changes to: The Consular Corps

A DAY IN THE LIFE OF AN HONORARY CONSUL: Organizing Donations Calls for Team Work

Distribution is free to members in good stand­

College, 4804 Enfield Road, Bethesda, M.D.,

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20814. Allow four weeks for completion of changes.

SUBSCRIPTION RATES: $19.95 U.S., Canada

GOVERNMENT AFFAIRS: Local Consuls are Bridges to Foreign Economies CAMI HOFSTADTER

$45, International $110 ­ annually.

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TO ORDER call (240) 543­9735, E­mail: KMossCCCollege@gmail.com.

LAST WORD: Taking Stock KATHERINE MOSS

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Consular and Diplomatic FORUM is a copyrighted publication of The Consular Corps College, 2015. All rights reserved. No part of

CONSULAR CORP MEMBERSHIP APPLICATION

Inside Back Cover

this publication may be reproduced in any form without written consent from the publisher.

Forum© FALL 2015

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from the dean

Mauro Kolobaric CONSUL GENERAL OF AUSTRALIA

Minister­Counsellor (Management) and Consul General Embassy of Australia Washington D.C. tel: (202) 797 ­ 3135 fax: (202) 797 ­ 3132

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AS I NEAR THE END OF MY TENURE as Dean of the Consular Corps College, I’m encouraged by the growth in the paid up membership of the College, which now stands at over 135 representing over 55 countries. In 2013, we had only around 30 attendees at the symposium – at our recently concluded symposium in November 2015, we had 67 attendees, an increase of over 100 per cent in the space of two years.

I believe that this increased level of interest and membership in the college and attendance at the symposium is attributed to three key initiatives.

Firstly, we have made a concerted effort in reaching out to the consular network across the US through this publication. For this, we owe credit to Stefano Acunto, one of our Chancellors and the publisher of The Forum. There is much thought and research invested in each publication to ensure that we include topics and items of interest and relevance to your consular work. We also aim to provide insights into the work of Honorary Consuls and country profiles. On this front we rely on your input and value your opinions in order to better explain the work you do as Honorary Consuls.

I am also indebted to all members and previous symposium attendees who have shared the benefits of the College and the symposium among their consular cohorts and in their consular jurisdiction. The value of membership to any organization is amplified by word of mouth – and given our expansion, it is clear that members have been espousing the positive aspects about the College. It is particularly encouraging to see new countries represented by their honorary consuls and consular officials from across the different states of the US. And lastly, I firmly believe that the program, speakers and presentations at the symposium have improved exponentially year on year. The CCC Chancellors, and in particular our Director General, Kit Moss, deserve credit for putting together a compelling, innovative and engaging symposium. The relationship which has now been cemented with the Department of State is critical to the continued success of the College. The willingness by State to engage and devote the time and resources of its senior leadership in addressing the symposium underscores the important educational and outreach program we undertake. It was evident that State was keen to hear from symposium attendees about issues directly affecting their constituents.

This collaboration will continue to flourish with ongoing dedicated attendance and sustained interest by members in the annual symposia.

In my capacity as Dean, I’ve been privileged to have met some incredibly hard working and committed individuals who share our common goal of providing cutting edge training and share best practices in the execution of consular duties and connecting our members with key Government Officials and relevant organizations in the U.S. I wish the College all the very best of success into the future. I will continue to be connected virtually and look forward with interest to following the progress of the College.■

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matters of protocol

Two Organizations. Two Professions. Linked Together.

The Consular Corps College and Protocol & Diplomacy International – Protocol Officers Association/PDI-POA Lanie Denslow PRESIDENT, PROTOCOL AND DIPLOMACY INTERNATIONAL/PROTOCOL OFFICERS OF AMERICA

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WHEN KIT MOSS, DIRECTOR GENERAL OF THE CONSULAR CORPS COLLEGE, recently referred to the value and importance that protocol offices play in consular work, no one was surprised. The connection between the two fields is well known and long standing. The Chief of Protocol of the United States is an Honorary Member of the Consular Corps College as is the President THE PURPOSE OF PDI-POA of the Protocol Officers Association/PDICONTINUES TO BE TO SHARE OUR POA; Gayle Anderson, Chief Protocol Officer of Las Vegas, serves as a member of KNOWLEDGE AND EXPERTISE, the CCC Board of Chancellors. Some PROVIDE TRAINING, INFORMATION, Consuls General have served as Chiefs of AND ADVICE REGARDING Protocol.

INTERNATIONALLY AND While we know there are many consular NATIONALLY ACCEPTED RULES OF officials and many protocol officers throughout the world, you may know only PROTOCOL. the one or two in the cities where you live or serve. Being able to easily extend networks, to find a protocol colleague when moved to new posts, or taking on new responsibilities would be valuable. Interestingly, often protocol professionals don’t have the clear title of Chief of Protocol. They have titles that don’t necessarily reflect their protocol duties (or knowledge). They may be a Chief of Visits, Manager of International Events, Director of Ceremonies, Executive Assistant, Diplomatic Relations Coordinator, or Economic Development, just to name a few.

It can take multiple phone calls to find someone in an organization responsible for matters of protocol. We can help.

Founded almost fifteen years ago with the encouragement of the US Department of State, Protocol & Diplomacy International - Protocol Officers Association (PDI-POA) began with a few members from the US and Canada.

Today we are a global organization with nearly 300 members representing twentythree countries. Our members come from all levels of government, military, academia, cultural institutions, as well as private and public corporations.

The purpose of PDI-POA continues to be to share our knowledge and expertise, provide training, information, and advice regarding internationally and nationally accepted rules of protocol. We are committed to facilitating 5

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matters of protocol

I believe that what makes the relationship between communication, understanding, and cooperation our professions so strong is that we share a unique between individuals, governments and cultures. purpose. Our work is not limited to organizing PDI-POA, like the CCC, provides an annual ceremonies, solving problems, or providing information. educational program. Each year we select a different Rather we work tirelessly to location for our three-day Forum. represent our countries in the However, one element doesn’t change.

I BELIEVE THAT WHAT MAKES THE most professional way possible.

No matter the location, we always RELATIONSHIP BETWEEN OUR We endeavor to build lasting, engage with the Consular Corp positive relationships across community. In 2015, the Forum was PROFESSIONS SO STRONG IS THAT WE borders – both physical and held in Salt Lake City, Utah, and we SHARE A UNIQUE PURPOSE.… TO cultural. While we may never were fortunate to have six members of REPRESENT OUR COUNTRIES IN THE MOST discuss this explicitly, we know the Consular Corp as speakers.

PROFESSIONAL WAY POSSIBLE … TO BUILD that day-by-day each of us Honorary Consuls General Franz LASTING, POSITIVE RELATIONSHIPS strives to make a difference, to Kolb (Austria), Dr. Keith Martin, (Kingdom of Morocco), Marie Helen build bridges of understanding ACROSS BORDERS – BOTH PHYSICAL and cooperation. As we share Glon (France), David Utilla (Peru) and AND CULTURAL. this special aspect of what we Baldomero Lago (Spain) shared their do, let us connect, collaborate expertise and advice in sessions titled “It and celebrate this special bond.

Is What you Say (That Matters): Translation and If you would like more information about PDI-POA, Interpretation,” “The Many Facets of Protocol at a University” and “Engaging Your Local Consular Corps.” have a protocol question, or are looking for an introduction to one of our members please contact me In addition Gayle Anderson, who, in addition to her Lanie Denslow, President, PDI-POA. You can reach me work with the CCC is an active member of PDI-POA, by email: laniedenslow@gmail.com or by phone: presented a session titled “Welcoming a Foreign 213.249.4170. I look forward to hearing from you.■ Dignitary: Customizing a Memorable Visit.” Without question their participation contributed to making the Forum a success.

CONSULAR COLLEGE BOARD OF CHANCELLORS Dean Gayle Anderson Chief Protocol Officer, Las Vegas Las Vegas, NV Membership Co­Chair, West Coast

Edward L. Fanucchi Vice Consul (Hon.) of Italy (Emeritus) Fresno, CA Membership Co­Chair, West Coast

Orn Arnar Consul General (Hon.) of Iceland Minnesota, MN

Michael C. Fountain Consul (Hon.) of the Bahamas Chicago, IL

Kathleen Blakely Consul General (Hon.) of Japan Las Vegas, NV

Manuel Morales, Jr. Consul General (Hon.) of Japan San Juan, PR

Director General Katherine H. Moss Bethesda, MD

Nana Booker Consul (Hon.) of Australia Houston, TX

Donald Pafko Consul (Hon.) of the Slovak Republic Minneapolis, MN

Chancellors Comm. Stefano Acunto Vice Consul (Hon.) of Italy, New York, N.Y. Membership Chair, East Coast

Ingrida Bublys Consul General (Hon.) of Lithuania Cleveland, OH

Edward Paul Consul (Hon.) of Belize Wilmington, NC

Mauro Kolobaric Minister­Counsellor and Consul General, Embassy of Australia Washington, D.C. Vice Dean John Wright Consul (Hon.) of Sénégal St. Louis, MO Membership Chair, Midwest

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Don Slesnick Consul (Hon.) of Australia Coral Gables, FL Louis J. Vella Consul General (Hon.) of Malta San Francisco, CA

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foreword

Safe Harbor and Data Protection Ruling Stefano Acunto HON. VICE CONSUL ITALY

Publisher of FORUM tel: (914) 966­3180 fax: (914) 966­3264 sa@cinn.com

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OUR FRIENDS AT EPSTEIN BECKER, the New York based international law firm, have created an assessment of the actions taken in October by the European Court of Justice (ECJ), in the matter of Maximillian Schrems v. Data Protection Commissioner (C-362/14), invalidating the US-EU Safe Harbor program. We present our synopsis of the article written by members of the firm as a Client Alert.

In essence, while the US has the Gramm-Leach-Bliley Act (for financial institutions), as well as various state and federal laws (for employment relationships), the EU has a broad overarching law covering all industry sectors: Data Protection Directive 95/46/EC (Directive). The law provides a minimum set of protections that each EU member state must offer for personal data. National laws often provide even more protection to personal data.

The United States and EU negotiated an agreement whereby US companies wishing to process EU residents’ personal data could do so by meeting certain guidelines as set forth in the US-EU Safe Harbor Framework (Safe Harbor). The Safe Harbor required seven basic principles: notice, choice, onward transfer limitation, security, data integrity, access, and enforcement. Companies could selfcertify that they were in compliance.

The case decided by the Court involved an interesting fact pattern: an Austrian law student and Facebook user, Max Schrems, brought a challenge related to the fact that his data from Facebook was being exported from Ireland to the United States.

Schrems raised significant concerns after the leaks from Edward Snowden about the US governments’ Prism program revealed the extent to which the US government routinely accesses and processes data from the Internet and from US company servers.

Schrems contended that the surveillance violated EU law. Facebook’s subsidiary is in Ireland, so Schrems raised his complaint there, and, after appeals, the ECJ issued its ruling, i.e. that Safe Harbor is incompatible with the Directive and that national data protection authorities do have the power to investigate complaints regarding the export of data to non-EU countries in violations of EU residents’ rights.

Thus, any company that has been relying on the Safe Harbor certification is affected by this ruling, such as US companies selling to EU customers if EU customer information is transferred to the United States and companies that may be transferring employee information between the United States and the EU. To move towards compliance, there are several steps companies can undertake. They may: 1) Institute Binding Corporate Rules or Model Contract Clauses; 2) Strengthen Privacy Practices Generally; 3) Wait it Out; and 4) Halt all Transfers of Data from the EU to the United States.

For further info, consult the firm’s website (www.ebglaw.com) or the authors of this alert, Adam S. Forman, Patricia M. Wagner, and Evan J. Nagler.

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international spotlight

Consular Officers and International Students INTERNATIONAL STUDENT PROGRAMS themselves in unfortunate situations, just like their bring big benefits, not only to the institutions of higher American counterparts. Arrest for drunk driving or drug learning where they study, but also to the possession, and severe illness, United States more broadly. For colleges hospitalization following an FOR MANY HONORARY CONSULAR and universities, foreign students add accident, or death come to mind.

OFFICERS, ASSISTING IN THE value and prestige, bringing different Foreign students can fall victim ESTABLISHMENT OR EXPANSION OF perspectives and strong academic drive to rape, robbery, or financial INTERNATIONAL STUDENT PROGRAMS along with their full tuition. For the US, scams, as well. In such times of the presence of international students real trouble, consuls can provide RANKS AS ONE OF THEIR MOST leads to better understanding between much-needed support to their TANGIBLE AND ENDURING American students and their foreign young students far from home, in CONTRIBUTIONS. classmates and a lifelong interest and addition to helping to contact affinity for each other’s culture, people, families, locate the appropriate and country. help or services, etc.

Promoting academic exchange has long been a Consular officers can also assist with the oftenrecognized part of consular duties. For many honorary overlooked issues of homesickness and/or difficulty consular officers, assisting in the establishment or understanding or adjusting to cross-cultural differences. expansion of international student programs ranks as Students will try to hide or ignore these challenges, but one of their most tangible and enduring contributions.

Since every state has colleges and universities, international student programs bring students from all over the world to every corner of the United States.

Americans in rural towns and small to mid-sized cities enjoy the same opportunity to meet and get to know foreign students as those in large metropolitan areas.

Chances are excellent that every honorary consul has at least one, if not many, students from his or her country studying within his/her jurisdiction.

Generally, consuls have had little or no involvement with the foreign students studying within their jurisdictions. That needs to change. Diverse events such as the shootings at Virginia Tech and at Umpqua Community College, the flooding of all schools following Katrina and the massive tornadoes which slammed into the University of Alabama, the collapse of a balcony at Berkley, and the overturning of a bus with international students aboard, all illustrate instances when consular assistance was required to assist their foreign national students.

While very important, disaster response highlights only one of the areas where consular assistance is at least useful, if not required. Foreign students can find 8

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international spotlight

importance and value of consular left unaddressed, either or both can connection and interaction with severely debilitate a foreign student.

THE CCC WILL KEEP ITS While international student program international students. It has teamed up MEMBERS ABREAST OF with the Departments of State and leaders all recognize that homesickness ANY CHANGES IN POLICY Homeland Security to learn, help develop, and cross-cultural differences can inhibit AS THEY COME ABOUT. and disseminate new and best practices for positive integration into the campus consular management of internationals community and life, they may not possess the specific cross-cultural awareness necessary to students. Training for our members began at the 2015 Symposium with an overview of what consular effectively address the student’s issues. Honorary management presently involves. Attendees learned how consuls, in particular, have that understanding both of many foreign students are in the US right now and what the US and of the home country and culture and can the regulations for contacting international students are. help bridge the differences. Including international Currently, universities and colleges must follow the students in National Day or other special events, and Family Educational Rights and Privacy Act (FERPA), providing the odd opportunity to hear and speak his or her native language also boost foreign students’ spirits which prohibits them from informing consuls of any international students at their institution. Efforts are and ensure a positive US experience. On the opposite underway, however, to facilitate and encourage consular side of the equation, offering foreign students connections. The CCC will keep its members abreast of opportunities to participate in cultural events sponsored any changes in policy as they come about. Meanwhile, by a consulate allows them to share their country and it strongly encourages all consular officers to contact the culture with Americans.

International Student Program managers at the colleges The Consular Corps College is keenly aware of the and universities within their jurisdictions to introduce themselves and to work with them to find appropriate ways to make their services available to students from their countries.■

DID YOU KNOW? From December 2013 to 2014, the total international student enrollment in the United States was 886,052. This number reflects both public and private institutions. The top 10 sending places of origin and percentage of total international student enrollment follows: Place of Origin

Number of Students

Percent of Total

1

China

274,439

31.0%

2

India

102,673

11.6%

3

South Korea

68,047

7.7%

4

Saudi Arabia

53,919

6.1%

5

Canada

28,304

3.2%

6

Taiwan

21,266

2.4%

Rank

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Japan

19,334

2.2%

8

Vietnam

16,579

1.9%

9

Mexico

14,779

1.7%

10

Turkey

13,286

1.5%

All Others

273,426

30.9% 9

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Dateline washington

FYI Consular Officers - Maintaining Status is Critical for International Students Loss of student visa status is devastating to the student and family. The Student and Exchange Visitor Program (SEVP) office of US Immigration and Customs Enforcement (ICE) puts out information for international students to help them stay in status. It is helpful for consular officers to know about the rules for maintaining status, as well. Here is the information ICE makes available to them. If you have an opportunity to work with international students in your area, sharing this with them can prevent them from severe consequences.

While studying in the United States, it is important to maintain your F or M student status. Your status relates to the purpose, or reason for why you want to come to the United States. The U.S. Department of State issues you your visa based on your intended purpose.

If the Department of State issues you an F or M student visa, this means that you are coming to the United States to study. You should not take any action that detracts from that purpose. Maintaining your status means: • Fulfilling the purpose for why the Department of State issued you your visa.

• Following the regulations associated with that purpose.

F-1 and M-1 students share the same primary purpose for coming to the United States however, F-1 students enroll in more traditional academic programs, while M-1 students enroll in vocational programs. Because these two types of programs are different in nature, the types of benefits an international student may be eligible for and how long they may remain in the country depend on whether they are an F-1 or M-1 student. Learn more about these specific differences by reviewing the F&M Student Status: Know the Difference infographic.

Below are actions to take in order to properly maintain your status.

Arrival • When arriving to the United States, both F and M students must: 10

• Enter the United States no more than 30 days before your program of study begins.

• Immediately contact your designated school official (DSO) when you enter the United States.

When you arrive at school, you need to contact your DSO again, no later than the program start date listed on your Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status.”

Education While studying in the United States, both F and M students must: Attend and pass all your classes. If school is too difficult, speak with your DSO immediately.

If you believe that you will be unable to complete your program by the end date listed on your Form I-20, talk with your DSO about requesting a possible program extension.

You must take a full course of study each term; if you cannot study full-time, contact your DSO immediately.

Do not drop a class without first speaking with your DSO. Work and Practical Training for F Students An F student may only work when authorized by a DSO in some cases, and U.S. Citizenship and Immigration Services (USCIS) in others. If you choose to work without authorization, you will be forced to leave the United States immediately, and you may not be able to re-enter the United States at a later date.

F students are eligible for curricular practical training (CPT) at either the undergraduate or the graduate level during the program of study. CPT employment must be an integral part of an established curriculum and the position must directly relate to your major area of study.

Your DSO can give you the school’s policy on this option.

F students are also eligible for optional practical training during or following the program of study. OPT is a form of temporary employment that directly relates to Forum© FALL 2015

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dateline washington

your program of study.

For more information about employment and training options available for F-students, visit the Working in the United States page and talk with your DSO. Practical Training for M Students M-1 students are not eligible for employment during their program of study, but may obtain authorization for practical training employment. You may participate in practical training employment after the completion of your vocational program.

If you want to participate in practical training employment in the United States, talk with your DSO about your options. Practical training employment requires your DSO’s recommendation and authorization from USCIS. If you choose to work without authorization, you will be forced to leave the United States immediately. You may not be able to re-enter the United States at a later date.

Upon Program Completion F and M students must take action to maintain legal status or depart the United States after completing your program of study.

Once you complete your program of study and any authorized period of practical training, F students have 60 days after completion of your program (the program end date on your Form I-20) to leave the United States. If you wish to extend your stay in the United States, talk with your DSO to learn more about doing one of the following: • Transfer to another school.

• Change your education level (e.g. bachelor’s to master’s).

• Apply to change status to another visa status (e.g. H1B-temporary worker; O-extraordinary ability in science, art or business; P-athlete).

M students have 30 days after completion of their program (the program end date on your Form I-20) to leave the United States. The latest date you may remain in the United States is the “admit until” date on your Form I-94, “Arrival/Departure Record,” unless you filed for an extension with USCIS.

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Talk with your DSO first If you are an F or M student studying in the United States, your DSO should be the first person you talk with if you have any questions regarding the legal requirements of your stay in the United States. Your DSO can assist in answering your questions or help you find someone who can help.

• F-1 students should speak with their DSO if you are planning to do any of the following: • Change your major, program, or degree level.

• Change your education level.

• Transfer to a new school or take a leave of absence.

• Take a break from school.

• Travel outside the United States.

• Move to a new address.

• Request a program extension.

• M-1 students should speak with their DSO if they are planning to do any of the following: • Take a break from school.

• Travel outside the United States.

• Move to a new address.

• Request a program extension.

Both F and M students may contact SEVP by email at sevp@ice.dhs.gov if your DSO is unable to assist you or if you would prefer to ask someone else.

In your email, please describe your situation and include any questions you have. SEVP provides responses on a first-come, first-served basis. Answer times may vary depending on the current number of inquiries.■ Resources USCIS Change of Status Fact Sheet Consular Management of International Students was one of the panel sessions during the 2015 Symposium. Knowing what foreign students must do in order to maintain their student status was one of the issues that came up in the discussion. Homeland Security provides this information to help international students stay in status. For more information on international students in the United States, visit their website: https://studyinthestates.dhs.gov 11

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Symposium News

Attendees Rate Symposium Programs, Underscore the Value of Ties with State Department FOLLOWING THE 2015 SYMPOSIUM, attendees received Post Symposium Surveys to complete and return to the office. The survey questions covered everything from rating the range of topics, and the length and detail of each session, to the value and benefit of the sessions individually and as a whole. This was the first time that the participants have had not only the opportunity to comment on every aspect of the Symposium agenda but also to honestly assess the usefulness of it.

The results of the survey confirm that our attendees found the scope of topics interesting and useful and the amount of material covered appropriate. They rated the Symposium as valuable and a worthwhile use of their time. They made excellent connections at the conference and deemed the Consular Training Certificate Program important and beneficial for them in their work.

Such a positive assessment of the Symposium underscores the extraordinary value of the relationship the Consular Corps College enjoys with the US Department of State. Without the close ties forged with the Bureau of Consular Affairs, the Office of Foreign Missions, the Office of the Chief of Protocol, and the Foreign Service Institute, such programs would not have been possible. The access granted to our Symposium attendees, and the high level of officers involved in both

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the designing of the programs and addressing the participants, assured our attendees first-rate training with top-notch presenters and high-level speakers in truly superior venues.

We wish to express our deepest thanks to all the many organizers, experts, high officials, and volunteers who made the Symposium such a resounding success.

We are extremely grateful for the support from the highest levels, including Under Secretary for Management Patrick F. Kennedy, Assistant Secretary for Consular Affairs, Michele T. Bond, and Director of the Foreign Service Institute, Ambassador Nancy McEldowney. Special recognition goes out to Paula Williams and Michelle Pannell in Consular Affairs, Cliff Seagroves and Taushia Walker in the Office of Foreign Missions in Washington and to San Francisco Regional Director Tracy Harding, and to Jean Akers and Annie Wiktowy at the Foreign Service Institute for the many weeks they dedicated to developing sessions, lining up speakers, and seeing to every detail of the Symposium in their venue.

The CCC hopes and expects that the important information our attendees gained at the 2015 Symposium will not only help them in the effective and efficient execution of their consular duties, but it will also help make our members even better partners with the Department of State.â–

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consular news

Changes in Title Accreditation Consistent with VCCR THE US DEPARTMENT OF STATE now accredits in the VCCR also apply to them, as well. It also honorary consular officers only with the title of explains why some countries, Australia being one, do Honorary Consul. The decision to cease accrediting not have anything but honorary consuls. By moving to honorary consular officers with accredit all honorary consular officers the titles of Honorary Consul with the title of Honorary Consul, the …THIS MOVE MERELY ALIGNS ITS General or Honorary Vice United States brings it accreditation in Consul in addition to Honorary line with the language of the VCCR and OFFICIAL DOCUMENTATION WITH THE Consul reflects State’s wish to be affirms the treaty’s intention to ensure the RULES AS WRITTEN IN CHAPTER III OF consistent with the wording of sovereign equality of nations.

THE VCCR AND SHOULD NOT BE SEEN the Vienna Convention of This change has angered current IN ANY WAY AS DENYING HONORARY Consular Relations. honorary consuls general, who feel that CONSULAR OFFICERS PRESTIGE OR The 1963 Vienna the decision cheats them out of the higher Convention on Consular recognition bestowed on them by their RECOGNITION. Relations (VCCR) established Sending Nation for their outstanding the international set of work. The Department of State answers regulations by which all consular officers and affairs that complaint saying that this move merely aligns its would be governed. The purpose of the VCCR was to official documentation with the rules as written in define all aspects of consular duties, privileges, and Chapter III of the VCCR and should not be seen in any immunities in order to ensure, among other things, the way as denying honorary consular officers prestige or sovereign equality of nations. recognition.■ The VCCR lays out the rules governing honorary consuls in Chapter III, “Regime Related to Honorary Consular Officers and Consular Posts Headed by Such DID YOU KNOW? Officers.” Throughout Chapter III, the only term used THERE ARE 177 STATE PARTIES TO THE VIENNA CONVENTION for honorary consuls is “honorary consular officer.”

INCLUDING MOST UN MEMBER STATES AND THE UN OBSERVER While certain foregoing articles of the agreement STATES THE HOLY SEE AND STATE OF PALESTINE. THE SIGNATORY apply to both career as well as to honorary consular STATES THAT HAVE NOT RATIFIED THE CONVENTION ARE: CENTRAL officers, (specifically Articles 28, 29, 30, 34, 35, 36, 37, AFRICAN REPUBLIC, ISRAEL, IVORY COAST AND REPUBLIC OF 38, 39, and paragraph 3 of Article 54), Article 9, which CONGO. THE UN MEMBER STATES THAT HAVE NEITHER SIGNED NOR lays out the classes of consular officers, does not apply to RATIFIED THE CONVENTION ARE: AFGHANISTAN, BURUNDI, CHAD, honorary consuls.

COMOROS, GUINEA-BISSAU, ETHIOPIA, PALAU, SAN MARINO, This fact surprises most honorary consular officers, SIERRA LEONE, SOLOMON ISLANDS, SOUTH SUDAN, SWAZILAND, UGANDA, ZAMBIA. who assume that the classes of consular officers laid out

Errata Per the request of the Consul General of Italy in Philadelphia, we wish to clarify the first paragraph on page 19 of the second issue, concerning the first Consuls to the New Nation: The earliest written records of consular representation to the newly formed United States date from 1791, showing that seven countries had a consular or diplomatic presence in Philadelphia: France, Spain, Great Britain, Portugal, the United Netherlands, Sweden, and the Republic of Genoa (which in 1861 would become part of the Kingdom of Italy).

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Buying, Renovating, and Leasing Diplomatic Missions Printed with permission

Laina Lopez ATTORNEY, CCC

Laina Lopez is an experienced attorney and partner at the boutique law firm, Berliner, Corcoran & Rowe LLP in Washington, DC. She defends foreign nations, as well as their instrumentalities, embassies, heads of state, and officials, in court proceedings throughout the United States. She also publishes a blog, foreignsovereignblog, dedicated to issues relating to foreign sovereign immunity, and has spoken and written extensively on immunity issues.

Please feel free to contact her with questions or comments at LCL@BCR­DC.COM, or 202­293­9096.

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THERE HAVE BEEN SEVERAL LAWSUITS IN U.S. COURTS related to buying, leasing, and renovating diplomatic property which highlight some pitfalls in real estate transactions by foreign states.

It is worth remembering that the Foreign Sovereign Immunities Act (“FSIA”) is the sole basis to sue a foreign sovereign (including its embassies, consulates, and missions) in U.S. court. The general presumption under the FSIA is that a foreign state is immune from a lawsuit in the United States, but there are several exceptions to immunity that may apply in the real estate setting.

1. Commercial activity exception The first exception that may apply in the THE GENERAL PRESUMPTION real estate setting is the commercial activity UNDER THE FSIA IS THAT A exception. Essentially, under this exception, FOREIGN STATE IS IMMUNE where a foreign state is acting like a private player within the marketplace rather than as a FROM A LAWSUIT IN THE sovereign, and the conduct has a connection UNITED STATES, BUT THERE ARE to the United States, the lawsuit may be SEVERAL EXCEPTIONS TO permitted to go forward against the sovereign.

IMMUNITY THAT MAY APPLY IN In the real estate context, courts have found THE REAL ESTATE SETTING. contracts for lease, repairs, construction, sublease, etc. to constitute commercial activity.

In 1995, for example, a plaintiff sued El Salvador for breach of a sublease. The court in Berdakin v. Consulado de la Republica de El Salvador, 912 F. Supp. 458 (C.D. Cal. 1995), held that the commercial activity exception applied and permitted the suit to go forward against El Salvador. The logic was that any private party could enter into a lease and there was nothing peculiarly sovereign about subleasing property. Judgment ultimately was entered against El Salvador for $70,000 plus interest.

The commercial activity exception also can apply in ownership situations. In 2009, in Board of Managers of Otic Professional Condominium v. Democratic Republic of Somalia, 2009 U.S. Dist. LEXIS 68333 (S.D.N.Y. July 20, 2009), a condominium association sued Somalia, which owned a condominium unit but failed to pay monthly charges for upkeep of common areas of the building. The court found that the commercial activity exception applied, hence Somalia was not immune from that lawsuit. Default judgment was entered, and the condominium was foreclosed.

The commercial activity exception does not apply, however, just because real estate is involved. In the 1980s, for example, Peru used a chancery building in Forum© FALL 2015

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Washington, D.C. for its Naval the contractor, not by Malaysia, hence A U.S. LAWSUIT CANNOT ALWAYS Attache. In MacArthur Area Citizen the lawsuit could not proceed against BE AVOIDED BUT IT IS IMPORTANT Ass’n v. Republic of Peru, 809 F.2d 918, Malaysia.

TO BE AWARE OF A FOREIGN 920 (D.C. Cir. 1987), a group of D.C. STATE’S POSSIBLE LIABILITY IN residents sued Peru arguing that the 3. The waiver exception chancery violated local zoning laws Another exception to immunity REAL ESTATE TRANSACTIONS IN because the property was zoned for that could expose foreign states to THE UNITED STATES. residential use. The court held, liability in the real estate context is the however, that operation of the waiver exception. This exception chancery was by its nature governmental, not comes up in many real estate matters because real estate commercial, and accordingly ordered the suit dismissed. transactions are usually governed by contracts, which may contain waiver clauses.

2. The tort exception Waiver may be explicit. In International Road The tort exception permits jurisdiction over a foreign Federation v. Embassy of the Democratic Republic of the state where a plaintiff seeks monetary damages for Congo, 131 F. Supp. 2d 248, 252 (D.D.C. 2001), damage or loss to property where the tort by the foreign Congo wrote into a sublease agreement as follows: state occurred in the United States.

For the purposes of action by Landlord or This exception typically applies where an embassy is Sublessor against Sublessee to enforce the terms renovating a building and someone gets hurt during the and conditions of this Sublease, Sublessee construction. In a recent case in New York, for example, hereby waives and relinquishes any and all USAA Casualty Ins. Co. v. Permanent Mission of the Rerights to immunity under the Foreign public of Namibia, 681 F.3d 103, 111 (2d Cir. 2012), Sovereign Immunities Act. . . or otherwise.” the U.S. Court of Appeals for the Second Circuit held This provision was quite obviously an explicit waiver, that the tort exception rendered Namibia not immune and the clause exposed Congo to a default judgment in for its involvement in a construction accident. Namibia the amount of $159,601.84. had hired contractors to renovate a building for their Waiver also might be implicit. For example, if a Permanent Mission to the United Nations. That buildforeign state agrees in a contract to be bound by the laws ing shared a wall with the neighbor. During the renovaof the locality, such as Washington, D.C. or New York, tion, the Namibia contractors poured a new concrete such agreement constitutes an implicit waiver of wall next to that common wall, and the common wall immunity. See, e.g., Joseph v. Office of the Consulate collapsed, causing substantial damage to the neighbor’s General of Nigeria, 830 F.2d 1018 (9th Cir. 1987); property. The neighbor’s insurance company therefore Berdakin v. Consulado de la Republica de El Salvador, 912 sued Namibia for violations of a N.Y. regulation that reF. Supp. 458 (C.D. Cal. 1995); Saunders Real Estate quired reinforcement of the common walls. The court Corp. v. Consulate General of Greece, 1995 U.S. Dist. found that it was the obligation of Namibia, not the LEXIS 14893 (D. Mass. 1995). contractor, under N.Y. law to reinforce the wall.

A U.S. lawsuit cannot always be avoided but it is Sometimes however, the tort exception does not important to be aware of a foreign state’s possible apply in construction situations because fault might lie liability in real estate transactions in the United States. with the contractor, and not with the foreign nation. In Robinson v. The Government of Malaysia, 269 F.3d 133 DID YOU KNOW? (2d Cir. 2001), a security guard was injured when he THE FOREIGN SOVEREIGN IMMUNITIES ACT (FSIA) WAS SIGNED slipped on a white substance on the floor due to INTO LAW ON OCTOBER 21, 1976 AND ESTABLISHES UNDER WHAT construction going on at the foreign mission. The guard CIRCUMSTANCES AND HOW A FOREIGN NATION, OR ANY OF ITS tried to sue Malaysia under the tort exception, but the INSTRUMENTALITIES, EMBASSIES, CONSULATES, ETC. MAY BE SUED court found that the negligence had been committed by IN US FEDERAL OR STATE COURTS. Forum© FALL 2015

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NEW ZEALAND gloriously traditional NEW ZEALAND IS A SMALL COUNTRY, similar in size to Great Britain or Japan. With a population of only four and a half million people it’s also gloriously uncrowded.

Over four hundred years before Christopher Columbus and the rest of Europe worried about falling off the edge of the world, Māori people voyaged thousands of miles across the vast unknown Pacific Ocean in small ocean-going canoes and became the first inhabitants of Aotearoa New Zealand. In present day, Māori culture constitutes a core part of New Zealand’s national identity.

New Zealand’s European pioneers were also brave, rugged and independent, establishing farms and settlements in often painstaking and dangerous areas.

Their isolation and exposure to the elements forced these early New Zealanders to become hardy and multiskilled.

This resourcefulness and ingenuity has greatly contributed to the New Zealand character. The same qualities can be seen today in the new pioneers – a generation of young business executives, computer software builders, filmmakers, fashion designers, and sports people making waves around the world.

Today’s New Zealand is a melting pot, representing a patchwork history of Māori, European, Pacific Island and Asian cultures, making New Zealand one of the most diverse countries in the world. Of the 4.4 million New Zealanders (informally known as Kiwis), approximately 69% are of European descent, 14.6% are indigenous Māori, 9.2% Asian and 6.9% non-Māori Pacific Islanders.

Geographically, over three-quarters of the population live on the North Island, with one-third of the total 16

population living in Auckland. The majority of other Kiwis live in main cities, such as Wellington, Christchurch and Hamilton.

A traditional Māori greeting – the hongi

New Zealand Geography and Geology Spectacular glaciers, picturesque fiords, rugged mountains, vast plains, rolling hillsides, subtropical forests, volcanic plateaus, miles of coastline with gorgeous sandy beaches – it’s all here. New Zealand is becoming a popular location for movie sets and dramatic landscape.

Lying in the southwest Pacific, New Zealand consists of two main islands – the North Island and the South Island. Many smaller islands, including Stewart Island, lie offshore.

The North Island of New Zealand has a ‘spine’ of mountain ranges running through the middle, with gentle rolling farmland on both sides. The Volcanic Plateau, an active volcanic and thermal area, dominates the Central North Island. The massive Southern Alps form the backbone of the South Island. To the east of Forum© FALL 2015

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the Southern Alps is the rolling farmland of Otago, Southland and the vast flat Canterbury Plains.

New Zealand’s oldest rocks are over 500 million years old and were once part of Gondwanaland. This massive super-continent started to split about 160 million years ago, and New Zealand separated from it about 85 million years ago.

Climate and Weather As New Zealand lies in the Southern Hemisphere, it has opposite seasons to those living in the northern half of the world.

While the far north has subtropical weather during summer and inland alpine areas of the South Island can be as cold as -10°C (14°F) in winter, most of the country lies near the coast, resulting in mild temperatures.

The average New Zealand temperature decreases as one travels south. January and February are the warmest months, and July is the coldest month of the year. In summer, the average maximum temperature ranges between 20-30ºC (70-90°F) and in winter between 1015ºC (50-60°F).

Plants and Animals Before humans settled in New Zealand, it would have likely been an extremely noisy place! The large tracts of lush native bush support an incredible variety of bird life. As they evolved, wings became unnecessary for some birds because they had no natural predators.

Consequently, several of New Zealand’s native birds became flightless, including the Kakapo, the Kiwi, the Takahe and the world’s largest bird, the (now extinct) Forum© FALL 2015

Moa. When Māori and Europeans settled New Zealand, not only did they hunt the birds, they also brought rats, stoats, and other predators. This, and a loss of natural habitats, led to the extinction of a number of birds including the Moa. In addition to its native birds, New Zealand has an abundance of majestic evergreen native forests. Native trees include the New Zealand Rimu, Totara, many varieties of Beech, and the largest native tree of them all, the giant Kauri. Underneath the trees, one can find dense and luxurious undergrowth made up of countless native shrubs, a variety of ferns, mosses and lichens.

New Zealand’s high rainfall and many sunshine hours contribute to this lush and diverse flora - with 80% of all in flora in New Zealand being native!

Maori Culture and Language New Zealand’s Māori culture is an integral part of Kiwi life and adds a unique, dynamic experience for visitors to New Zealand.

Māori are the tangata whenua, translated from the Māori language as “the indigenous people of New Zealand.” They came to New Zealand more than 1,000 years ago from their mythical Polynesian homeland of Hawaiki. Today, Māori make up 14.6% of the population and their history, language and traditions are central to New Zealand’s identity.

The Māori language is considered a national taonga, or treasure, and is spoken by around 23% of New Zealanders. The language is undergoing a revival, with initiatives like Māori Language Week, Māori language schools (from pre-school through to high school) and a Māori language television station, all 17

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playing a role in growing Te Reo, the Māori language.

Try these expressions: • Kia ora - Hello • Tēnā koe - Greetings to you (said to one person) • Tēnā koutou - Greetings to you (said to three or more people) • Kei te pēhea koe? - How’s it going?

• Kei te pai - Good • Ka kite anō - See you again Haka – Māori War Dances The Haka is an ancient Māori war dance traditionally used on the battlefield, as well as when groups came together in peace. Haka are a fierce display of a tribe’s pride, strength and unity. Actions include violent foot-stamping, tongue protrusions and rhythmic body slapping to accompany a loud chant. The words of a Haka often poetically describe ancestors and events in the tribe’s history.

Today, Haka are still used during Māori ceremonies and celebrations to honor the guests and to show the importance of an occasion. They are also used to challenge opponents on the sports field as performed by New Zealand’s All Blacks before a rugby match. You’ll probably agree that it’s a terrifying sight to behold!

Trade and industry Trade in goods and services lies at the core of New Zealand’s interactions with other countries. New Zealand’s small size and distance from major world markets exacerbates the challenges of breaking into and competing in global markets. These challenges include developing innovative products, finding market niches, distribution channels and understanding local market conditions.

New Zealand consistently scores well on the World Bank Doing Business rankings for the ease of doing business here. Incorporating a business in New Zealand takes just one day, while registering a property takes 18

only two. The country has a straightforward, businessfriendly taxation system that supports capital development and international investment.

New Zealand was ranked: • second in the world for ease of doing business (World Bank, ‘Doing Business’ 2016) • fourth for attractiveness to foreign investors (Milkin Institute ‘Global Opportunity Index’ 2015).

While New Zealand is still heavily influenced by its colonial heritage, the country now has its own strong sense of identity.

While still a member of the British Commonwealth, and maintaining close, friendly relations with the Britain, New Zealand now has a far more independent trading and foreign policy. Since the mid-1980s, New Zealand has been a nuclear free zone, with its armed forces primarily focused on peacekeeping in the Pacific region.

It suffices to say that getting to know New Zealand’s relaxed and friendly people will be one of the things you love most about Aotearoa (New Zealand). Strike up conversations along your journey – a casual chat at a bar or restaurant – it’s the best way to get insider knowledge on the area you’re visiting and you may even pick up the local Kiwi lingo and make new life-long friends!n Ka kite anō

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Vietnamese small business representatives following an export workshop

SME Development in South East Asia UPS’ Role in an Innovative Public-Private Partnership with USAID and Others

By Shiumei Lin, Vice President, UPS Asia­Pacific Public Affairs (SMEs). Southeast Asia is no exception. There, SMEs One of the best ways for Southeast Asian countries to grow and improve economic equality is through account for more than 96 percent of all enterprises and between 50 to 95 Small and Medium Enterprise (SME) TODAY MANY SOUTHEAST development. However, for Southeast percent of all employment outside of Asian SMEs to grow beyond their own the agricultural sector. Therefore, one ASIAN SMES TRADE PRIMARILY borders, many need a better of the best ways for Southeast Asian IN THEIR HOME COUNTRIES BUT understanding of nearly every aspect of countries to grow, reduce poverty, and WANT TO JOIN REGIONAL AND improve economic equality is through enterprise development, from financing to GLOBAL VALUE CHAINS TO logistics. To close this gap, major U.S. SME development.

SERVE NEW CUSTOMERS. corporations, the U.S. Agency for Today many Southeast Asian SMEs International Development, and the trade primarily in their home countries but want to join regional and global value chains to ASEAN Secretariat are working together to give Southeast Asian SMEs the knowledge and skills they need to join serve new customers. Greater integration through the ASEAN Economic Community (AEC) presents regional and global value chains.

Southeast Asian SMEs with new opportunities to ECONOMIC GROWTH AND JOB CREATION expand their businesses. To grow beyond their own around the world happen in large part through the borders, however, these SMEs need partners that can contributions of small and medium-sized enterprises share insights about various aspects of enterprise Forum© FALL 2015

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development, from financing to logistics.

A growing number of Southeast Asian SMEs are fortunate to be gaining this knowledge from a three-year public-private partnership called the U.S. – ASEAN Business Alliance for Competitive SMEs (Business Alliance). This innovative initiative mobilizes the resources of major U.S. corporations including UPS, the U.S. Agency for International Development (USAID), and the Thai entrepreneurs gain insights on supply chain readiness and risk management strategies ASEAN Secretariat to enhance SME competitiveness, to help SMEs take advantage of new opportunities created by the AEC, to encourage SMEs Asian SMEs be more competitive. Many SMEs want to to become suppliers in global value chains, and to grow their businesses while governments want to foster a address supply-side gaps – such as access to markets, more competitive private sector and increase trade. information, technology, and finance – to meet Multinational companies want more competitive demand-side needs. UPS has played a role in helping sourcing options, closer collaboration with suppliers, the Business Alliance achieve greater scale and imparting and the ability to achieve global standards throughout knowledge and expertise to workshop participants. their supply chains. Thus, it is no surprise that there has The Business Alliance is unique because it strongly been strong tri-sector support for the Business Alliance. aligns SMEs, governments, and multinational The initiative makes sense for businesses and companies around a common goal to help Southeast policymakers.

Since 2014, there has been great demand for Business Alliance programs.

This public-private partnership has conducted more than 20 workshops and reached over 3,500 SMEs across ASEAN, with workshops in Cambodia, Indonesia, Malaysia, Myanmar, the Philippines and Vietnam attracting almost twice as many attendees as anticipated. Each workshop not only provided SMEs with networking opportunities, but also world-class expertise from partner companies in disciplines including customs brokerage, technology tools, and branding.

In a short time, the Business Alliance has made an impact. In a recent survey, UPS and Vietnamese stakeholders discuss tools to help small businesses go global 89 percent of workshop participants 20

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firms in global value chains. This initiative’s objective is for SMEs to better understand global trends in these sectors as well as lead firms’ key criteria for selecting vendors, suppliers, and partners. Lead firms in all industry verticals also require their partners to be responsive, collaborative, compliant, and competitive to support today’s fastpaced, just-in-time sourcing and manufacturing needs, so these workshops also aim to focus on capacity building in this area.

At the same time, the Business Alliance is tailoring this training to address industry-specific Courtney Lutterman of UPS highlights the tremendous growth in global e­Commerce differentiators. For example, in Thailand, a leading hi-tech firm shared with Thai SMEs the importance of indicated that involvement helped improve their vendor collaboration to support global sourcing to knowledge of global supply chains. The Business customer execution, which is what customers in this Alliance is also proud of its ability to bring more women industry expect today. In Vietnam, a leading footwear into the business of international trade. More than half and apparel firm shared with Vietnamese, Burmese, and of workshop participants have been women, and their Cambodian SMEs its code of conduct that includes shared aspirations have already sparked a parallel sustainable manufacturing principles and a focus on capacity building effort - Gender Responsive Economic workplace safety and compliance. In Malaysia, several Actions for the Transformation of Women (GREAT leading e-Commerce firms spoke to SMEs about Women) – that is creating a strong network of womenfulfillment, data analytics for marketing, and consumer owned SME artisans and retailers which the Business trends. The Business Alliance believes these activities are Alliance hopes will continue to flourish. supporting SME competitiveness by addressing supplyThrough its programs, the Business Alliance has side gaps to meet demand-side needs. learned many things about Southeast Asian SMEs. After a successful start, the Business Alliance First, many have only a domestic market share, 16.5% continues to gain momentum and work towards have overseas customers, and most plan to expand building a multi-stakeholder ecosystem to support production in the next two years, requiring international inclusive SME development in Southeast Asia. These are growth to achieve this goal. Second, almost all use positive developments for the ASEAN region, and UPS technology in some fashion to manage finance, is proud to support this innovative program and help marketing, communications, or sales. Third, many do the Business Alliance scale new heights in the coming not understand specific trade barriers, but agree that years.■ ease, transparency and predictability are important when engaging in international trade.

To supplement its capacity building workshops, the DID YOU KNOW? Business Alliance has launched a supply chain readiness THE PROGRAM UNDER WHICH THE US AND 10 ASEAN COUNTRIES CONTINUE TO INCREASE TRADE AND INVESTMENT RELATIONSHIPS initiative through which it has begun to offer more IS CALLED THE EXPANDED ECONOMIC ENGAGEMENT INITIATIVE (E3). advanced training in ASEAN priority sectors by leading Forum© FALL 2015

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2015 Symposium…

…a personal perspective

By Honorary Consul of Iceland, Matthia Eggertsson, Pompano Beach Florida

Some of the Consular Corps College Chancellors: (L­R) Ed Fanucchi (HVC, Emeritus­Italy, CA), Kit Moss, (Director General), Manny Morales, (HCG­Japan, PR), Gayle Anderson, Chief of Protocol, Las Vegas, NV), Louis Vella (HCG­Malta, CA), Ingrida Bublys (HCG­Lithuania, OH), Don Slesnick (HC­Australia, FL), Kathleen Blakely (HCG­Japan, NV), John Wright (HC­Senegal, MO and CCC Vice Dean), and Mauro Kolobaric, CG­Australia, Washington, DC and CCC Dean)

Louis Vella Presenting The Speaker’s Certificate to Michael Lapinski, Director, Operations Division, Response Directorate, FEMA 22

IN NOVEMBER 2015, THE CONSULAR CORPS COLLEGE hosted its third annual Symposium at the US State Department building in Washington, DC. This being my first Consular Corps College meeting, I was excited, not knowing who I would be meeting or what would be expected of me. I have to say that I was quite impressed as I met a great group of people whom I now consider as friends. All of us had one common goal – as consuls representing countries from all over the world, we need to acquire tools we can use when conducting our duties and responsibilities.

The Symposium started on Wednesday afternoon at the Holiday Inn Central/White House.

Buses were waiting to take us to the Bank of America Building, right in front of the Treasury Department and adjacent to the White House. Here Ms. Charmaine Wilson, Ms. Anne Scattergood, and Ms. Jenn Blumer handed us a binder with information about the Symposium, which included everything from passing through security effectively, the agenda, name and contact details of all participants, introduction of the speakers and even a copy of their PowerPoint presentations. We met the director, Ms. Katherine Moss, or Kit as she preferred to be called, who was so gracious in preparing and guiding us during those few days. We also met the Dean of Consular Corps College, the Honorable Mauro Kolobaric, who is returning to his home country of Australia in February. Based on what I saw, he will be missed, and our next Dean has some large shoes to fill. We were treated to a memorable reception with hors d’oeuvres and beverages, while looking out from the Bank’s ninth floor view at the Treasury Department. Stretching our necks a little further, we could see the White House.

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Over the next two days, we were bused around town, from the State Department’s Consular Affairs Building, the Foreign Service Institute, the Main State Department Building, and finally to the Embassy of Australia. The Symposium had some wonderful presenters. Mr. Henry Hand advised us on children’s issues, including international abduction. This topic is important to most of us Consuls, whether we are dealing with our citizens wanting to take their children to their home country, or to prevent their children from being taken to a country where it would be hard to get them back. He also introduced us to the Hague Agreement, where it is stated that children should be returned to their habitual residence, where the legal system will determine appropriate custody and access to the child.

Following the Child Abduction issue, The Honorable Kathleen Blakely moderated a panel of speakers, where issues regarding international students visiting the USA were discussed. Those topics included the types of visas available, and how they are handled by the US Department of State. We had quite a few questions from the audience, especially those who have had some issues recently.

After lunch, we headed to the Foreign Service Institute in Arlington, Virginia. It was amazing to see how the USA prepares their Consular Professionals for their assignments, covering intense language training, information technology, leadership and management,

Andrew Slaten, Deputy Director, International Affairs, FEMA and Michael Lapinski, Director, Operations Division, Response Directorate, FEMA

Discussion in Loy Auditorium, Harry S. Truman Building, US Department of State

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Dean Mauro Kolobaric presents the Speaker's Certificate to Ambassador Gentry Smith, Director of the Office of Foreign Missions, US Department of State

and local area cultural studies.

When those professionals arrive at their new posts, they are ready to assist the ambassador.

Our final day began at the Loy Auditorium in the Main State Department Building. Some of the most interesting and important topics were introduced and discussed, including diplomatic immunity and privileges, how to respond and prepare for disaster, cybersecurity, and other important issues related to being a consul in the USA. We had expert presenters with great expertise and knowledge. At the beginning of our stay we had a binder given to us with all the presentations, including bios of the presenters. These bios will be quite helpful, especially if we want to contact these 23

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individuals at some later date.

The Symposium ended at the Australian Embassy, where we received certificates and had our pictures taken with Dean Kolobaric. There was a surprise at the end when the Honorable John Wright and Ms. Katherine Moss presented gifts and flowers to the parting Dean and his wife in recognition of their service to our organization. The afternoon ended with an Australian champagne toast and food, including some traditional Australian treats prepared by Ms. Sylvana Kolobaric.

In conclusion, I want to thank everyone for an unforgettable Symposium. I sincerely hope to attend again in 2016. This is an organization and an event that I recommend to everyone who is involved in Consular Service here in the USA, both professional and honorary.■ Consular Officers Representing African Countries (L­R): Yves Bashonga (Consul­Embassy of the Democratic Republic of the Congo, Washington, DC), John Wright, (HC­Senegal, MO, and CCC Vice Dean), Ernesto Chikoti, (Consul­Embassy of Angola, Washington, DC)

Dean Mauro Kolobaric presenting the Speaker's Certificate to Under Secretary of State, Patrick F. Kennedy

Above: Czech Honorary Consuls (L­R) Sharon Valasek (HC, MO), Marit Lee Kucera (HC, MN) and Lenka Horakova (HC, AR)

Left: Friday panel session on Consular Response to Emergencies and Disasters in the Loy Auditorium at "Main" State 24

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Chancellors Ed Fanucchi (HVC, Emeritus­Italy, CA), John Wright (HC­Senegal, The Minnesota Consular Corps had the most members attending: MO and CCC Vice Dean), Stefano Acunto (HVC­Italy, NY), and Dean Mauro Eivind Heiberg (HCG­Norway), Britt Ardakani (HC­Norway), Csilla Kolobaric (CG­ Embassy of Australia) Grauzer (HC­Hungary), Christina Carleton (HC­Norway), Marit Lee Kucera (HC­Czech Republic), and Don Pafko (HC­Slovak Republic and CCC Chancellor)

Lunch Break at Consular Affairs (Front Row L­R) Ken Feagins (HC­Uruguay, OK), Deanna Tryon (Silicon Valley Chief of Protocol, CA), Gayle Anderson (Chief of Protocol, Las Vegas, NV and CCC Chancellor), Chris Domeny, (HC­ Hungary, NC), Standing (L­R): Don Slesnick (HC­Australia, FL and CCC Chancellor), James Rigsby (HC­Bulgaria, NC), Ed Funucchi, (HVC, Emeritus­ Italy, CA and CCC Chancellor),Csilla Grauzer, (HC­Czech Republic, MN) and Britt Ardakani (HC­Norway, MN)

Above: Philippine Consular Officers: (L­R) Katrina Borja­Martin (Consul, Embassy of the Philippines, Washington, DC), Generoso Calonge (Consul General, Chicago, IL), Henry Howard (HC, FL), and Roberto Romero, (HC, LA)

Left: The California Contingent: Ed Fanucchi (HVC, Emeritus­Italy, Fresno and CCC Chancelor), Deanna Tryon (Silicon Valley Chief of Protocol), Tracy Harding (San Francisco OFM Regional Director), Louis Vella (HCG­Malta and CCC Chancelor), and Berj Apkarian (HC­Armenia, Fresno) Forum© FALL 2015

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A day in the life…

A Day in the Life of an Honorary Consul HONORARY CONSUL JULIAN PADILLA, SAN DIEGO

Organizing Donations Calls for Team Work THE HONORARY CONSUL OF PALAU in San Diego, Julian Padilla, recently organized his first medical supplies donation to Palau. In the past Consul Padilla has organized other kinds of donations through the Rotary Clubs and the Football (Soccer) Association of Palau.

For Consul Padilla, organizing the donation was a long process, beginning with identifying which sector of Palau required the Medical donation and then determining exactly what supplies were needed.

Leveraging his friendship with the Civic Action Team, CAT (Seabee’s) of Palau, Consul Padilla was able to obtain a list of medical supplies that were required in Palau. CAT is a United States service team specialized in construction, vehicle mechanics, and medicine. The team is comprised of 13 military members, and rotates between the Air Force, Navy or Army every six months.

Consul Padilla said that after obtaining the list from CAT, the most difficult part was to find the supplies.

He enlisted the invaluable assistance of Mrs. Johanna Afshani, Esq., a resident of San Diego County, prominent lawyer in the United States, and a leader in international affairs. Mrs. Afshani provided the lead support, without which Consul Padilla could never have achieved his goals. Through her tireless efforts, the donation needs were identified and then fulfilled through MedShare of California. Mrs. Afshani said, “It has been a pleasure working with Honorary Consul General of Palau - San Diego, Julian Padilla, to collect medical supplies for the residents of Palau. After living 26

in Hawaii for five years, I had the opportunity to learn and appreciate the beauty of Pacific Islander culture,

FOR CONSUL PADILLA, ORGANIZING THE DONATION WAS A LONG PROCESS....

- HONORARY CONSUL OF PALAU IN SAN DIEGO, JULIAN PADILLA

lifestyle and traditions. I am honored to have participated in this humanitarian project and feel fortunate to have collaborated with MedShare, a non-profit organization dedicated to contributing medical goods and equipment throughout the world.”

Once the supplies were secured, the next step was to arrange delivery to Palau. Consul Padilla called upon his good collaborator for shipments, Mr. Peter Gaymann of Neco Plaza. Previously, Neco Plaza had assisted him with several shipments of donated goods for the Palau Community. Mr. Gaymann was happy to support Mr. Padilla’s efforts to help Palau. “We here in Neco Plaza are pleased to be part of a team of great people to help the people of Palau to improve their way of living,” he said. Consul Padilla was in Palau last month, when he personally thanked Mr. Gaymann for his donation of the transshipment from California to Palau.

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a day in the life…

“I COULD HAVE NEVER ORGANIZED THE MEDICAL SUPPLIES DONATION WITHOUT THE ABOVE TEAM WORK.”

City of San Diego and Panama City become Sister Cities this summer. Additionally, Consul Padilla is Chairman and Founder of various maritime companies with over 18 offices worldwide. Consul Padilla noted that with all the duties listed above, Life as an Honorary Consul and international businessman keeps him very busy.■

Summing up his efforts, Consul Padilla said, “I could have never organized the medical supplies donation without the above TEAM WORK.” While the idea to send a donation of medical supplies to Palau came from Consul Padilla, it could never have become a reality without the help of many special people.

Palau is located in the western Pacific. The more than 250 islands that constitute Palau—a Japanese stronghold during World War II—were assigned to U.S. administration by the United Nations in 1947.

Economically tied to the U.S., the territory became an independent nation in October 1994. About 70 percent of Palauan’s live in the capital city of Koror on the island of Koror. Tourism is the country’s main industry, with the rich marine environment inviting snorkeling and scuba diving.

Julian Padilla has been the Palau Honorary consul for many years now. Consul Padilla attends several monthly official meetings enabling him to further promote tourism, business connections and donation opportunities. Consul Padilla is also the Vice President of the San Diego Consular Corps, where his duties include arranging speakers every month for the Corps.

Last year, Consul Padilla was elected to the Board of the San Diego International Sister City Association. As he was born in Panama, he was instrumental of having the Forum© FALL 2015

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international affairs

Local Consuls are Bridges to Foreign Economies Reprinted with permission of the author and the Miami Herald

Cami Hofstadter SPECIAL TO THE MIAMI HERALD

Cami Hofstadter, Ph.D., is a retired university administrator and lecturer in Miami, where she was also a consul for many years.

She is the author of “The Foreign Consuls Among Us: Local Bridges to Globalism” (2d. ed., 2015).

Cami@Seagreen press.com

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A YEAR AGO, THE LOCAL CONSUL OF ONE OF OUR MAJOR TRADING PARTNERS told me how often he hears from businessmen in South Florida saying something like, “We’d like to expand into your country, but we don’t know how.” He went on to say a statement like that, or versions of it, shows the confusion surrounding foreign consuls as trade facilitators. “At the very least, they should do their homework before contacting us,” he said.

Generally proud over their timehonored role as bridges to the …I FIND IT PARTICULARLY IRONIC THAT economies in their own countries, these officials do, indeed, tend to expect a THE BUSINESS OF INTERNATIONAL certain amount of basic knowledge EDUCATION – AND YES, UNIVERSITIES from potential business interests. In ARE A SERIOUS PART OF THE GLOBAL Miami-Dade and Broward alone, more ECONOMY – COMMONLY IGNORES THE than 80 countries ranging from Antigua “CONSULAR COMPONENT” OF THEIR and Barbuda to Venezuela, have official TEACHING OBJECTIVES. representation that’s capable of assisting in the development of commercial ties with their country – if only their role isn’t misunderstood.

Here are three basic ways for all business people to do their “homework” before presenting their query at a consulate (that being the generic term of the office): 1. Know the consulate. Make a point of learning how your target country operates locally. Is the office headed by a career officer or is someone serving another sovereign nation in an honorary role? This dual division of consuls doesn’t mean one is inferior to the other, but it may determine the outcome of each situation.

For instance, when principals of a medical supply company wanted to explore the market in a target foreign country, they knew to engage a local honorary consul whose “civilian” business complemented their needs. Career officers, who by nature are not permitted to engage in private business where they are posted, often have to be “educated” about the industry.

In the old days, it was commonly assumed that all honorary consuls represented only small nations with small economies, but today, this is no longer true. For instance, Canada, our No. 1 trading partner, has greatly expanded its network of honorary consuls – and specifically tasks them with trade matters.

A look into the career-honorary split may also reveal other useful information, such as staff with special skills or connections. Don’t make the mistake of referring to career consuls as “real” or “professional” (as opposed to imaginary or Forum© FALL 2015

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international affairs

unprofessional?), lest you run the risk of being considered ignorant.

2. Understand consular functions. Historically, the traditional duties of consuls fell mainly in industries like shipping and aviation, but an international treaty broadens the charge to the “development of commercial, economic, cultural, and scientific relations between the consuls’ countries and the communities where they are authorized to function. This has led to an expansion into such fast-evolving areas as investment banking, IT, and biotechnology.

Homework should also include an understanding of the geographic reach of a local consulate. For instance, some consuls in Miami have jurisdiction in only MiamiDade and Broward, whereas others cover all of South Florida, or the whole state, and in some instances, even other states. Make sure inquiries aren’t dead on arrival in the wrong office.

Although a consul’s representation duties are not among the formal functions fine-tuned by time and law, such social venues as athletic and high-society events can often be the beginning of a desired business relationship.

How important, then, that the business community’s tool box also include some knowledge about consular titles and ranks.

3. Consulates as site-specific bridges. In the old days, top-down management of the South Florida consuls meant that trade inquiries were often best directed to the commercial section of the Washington embassy. Whether it’s due to fiscal austerity, changing leadership styles, or the creation of economic zones, the fact is that less monitoring from above has lead to expanded authority for local consuls. As these officials become site-specific decision-makers, the cumbersome process of dealing with an embassy is avoided.

Further evidence of the site-specific approach is the plethora of publications that focus on different world regions while also providing useful contact information (e.g. names and numbers for local consuls). Atlanta is one new leader in this field.

Based on the old truism that knowledge breeds the confidence and know-how needed to approach a consul, the above nuggets will give you a better chance of being heard than someone not bothering with any kind of precontact homework.

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As a lifelong internationalist, and former educator (associated with three local universities), I find it particularly ironic that the business of international education – and yes, universities are a serious part of the global economy – commonly ignores the “consular component” of their teaching objectives. For now, selflearning is the obvious answer to this dilemma.■ 29

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the last word

Taking Stock

Katherine (Kit) Moss DIRECTOR GENERAL THE CONSULAR CORPS COLLEGE

Katherine Moss is the Director General of the Consular Corps College.

In that capacity, she develops innovative training and outreach programs for the foreign consular community in the United States, while growing its national membership.

Ms. Moss comes to the Consular Corps College from her position as Founder and Executive Director of The Diplomats’ Washington, Inc. A native Washingtonian, Ms. Moss has also lived and worked abroad in France and the United Kingdom and speaks French, German and Italian.

She served on the Protocol Advisory Board for the Mayor of Washington, D.C. from 2001­2005, and has served as the Executive Director of the Society of White House Military Aides.

Ms. Moss also sits on the Board of the Consular Corps of Washington, D.C.

Please feel free to contact me anytime.

The Consular Corps College, 4804 Enfield Road, Bethesda, M.D., 20814 Phone: (240) 543­9735 E­mail: KMossCCCollege@gmail.com You can also send a message through our website: www.consular­corps­college.org Click on “Contact us” to e­mail your thoughts or questions directly to me.

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AS 2015 DRAWS TO A CLOSE, it is time to look back over the last 12 months and assess the strength, activity, and accomplishments of the Consular Corps College.

This December, I am pleased to report that the positive trends set in 2014 have not only continued, but they have accelerated.

Membership more than doubled in 2015. This year we welcomed 14 new countries to our list of nations represented, expanding our global community. Our US presence has also increased with several of our new honorary consuls residing in states where previously we did not have any members. A number of our long-time member countries have urged all of their career and honorary consular officers to join, swelling their nations’ membership numbers. Perhaps equally telling, six former members have rejoined the CCC, becoming active members once again.

This remarkable increase in new members is a direct outgrowth of the steady expansion in member services and the ongoing professional enhancement of the Annual Symposium.

Foremost on the list of member benefits and services is the CCC’s quarterly, the Consular|Diplomatic Forum, published by Stefano Acunto, Honorary Vice Consul of Italy in Yonkers, NY and a Consular Corps College Chancellor. This publication brings our members important stories and articles about all manner of consular topics, submitted by officials within the Departments of State and Homeland Security, Subject Matter Experts, embassies, consulates, and consular or protocol colleagues around the country.

Newly launched services, such as the Q&A Desk on our website, and the Alumni Outreach programs, also deliver more resources for information and help to expand our members’ networking reach. Partnerships with sister Consular Corps around the US and various World Trade Center organizations have opened up new areas of cooperation, while the creation of a University Internship Program and the Symposium Fellow Program offer aspiring young consular officers the opportunity to work with our members and the Department of State. All of these services and benefits have come online this year, and there are more exciting plans already in the pipeline for 2016.

Even as the CCC has worked to increase the year-round benefits of membership, it has also continued to advance the professional training and learning opportunities in our Annual Symposia. The 2015 Symposium was a watershed moment for the Consular Corps College. Taking place entirely at the US Department of State, this year’s conference surpassed everyone’s highest expectations. The extraordinary access and training that the State Department made available to the Symposium attendees signify a close and deep relationship between the Department of State and the CCC. We are deeply grateful to the State Department, and we promise to continue working closely with them to nurture that remarkable bond and to grow the relationship further.

The Consular Corps College in 2015 is an exciting organization to be part of.

The renaissance that began four years ago has moved on from revitalization to strong, sustained growth. The coming year promises to bring equally important and valuable benefits to our members, as well.

As toast to 2015, a year of great advances, and to a fresh new year ahead!

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Th Thee Consular Consular Corps Corps College C o lle g e Mauro Mauro Kolobaric, Kolobaric, Dean D ean Mi nister-Counsellor an of Australia Australia Minister-Counsellor and dC Consul onsul General, General, Embassy Embassy of Kath Katherine herine H. Moss, Moss, Director Director General General 240-543-9735 240 543 9735 KMossCCCollege@gmail.com KMossCCCollege@gmail.com

AP APPLICATION PLIC CA ATION FOR FOR FULL FU UL LL MEMBERSHIP/RENEWAL ME EMB M ERSHIIP P/R RE EN NE EWA AL L IN THE TH HE E CONSULAR CONSU UL LA AR R CORPS COR RP PS COLLEGE COLLEGE For Year Year 2016 2016 (P lease print) print) (Please Name:______________________________________________________________________ Naame m :_ __ _______ ____ __ __ __ ____ __ ___ _ __ __ _ __ __ __ _ ___ _ __ __ ___ __ _____ _ __ __ _________________ ____________ __ ______ ________________ Title:_______________________________________________________________________ Title:______ ______ ___ __ __ __ __ __ __ _ ___ _ __ __ __ __ _ ___ _ __ ___ _ __ __ __ __ _ ___ _ __ ______ _______ ______ ___ __________ ___ ______ ______ _______ ______ ___ _______________ __ _ ______ __ _____ Country/Affiliation:____________________________________________________________ Country/Affiliation:_ ___ ___ ___ ___ ____ ___ __ ___ _ ___ _______________ ________________ __________ _________________________ ___ _________________ _____ __ _______ Address:_____________________________________________________________________ Address:______ _____ ___ __ ___ _ ____ __ ___ _ ___ ____ ___ ___ ___ ____ ___ ___________ __________ _____________ __________ _____________ _________ _____________ ____ ______________ ___ __ __________ ____________________________________________________________________________ __________ __ ___ __________________________________________________________________ City/State/Zip:________________________________________________________________ City/State/Zip:__ ___ ___ __ ___ _ __ __ ___ ___ ___ ___ ____ ___ __________ ____ _______________________ ___________________ __________ ____________ __________ __________ ___ ____ __ ___ __ ____ Consulate/Business Phone:______________________________________________________ Consulate/Business Phone :_____________________________________ ______________ _______ ____ __ _______ Mobile Mobile Phone:________________________________________________________________ P h o n e :_ ___ ___ ___ ____ ___ ___ ___ ____ __ ___ _ ___ ____________ __________ ___________________________________ _____________ __________ __________ ____________________ Telefax Consulate/Business:_____________________________________________________ nsulate/Business:__ __________________________________ Telefax Co __ __ _ __ _ _____ _ _______ ___ _______ ______ ___ ____ ___ ______ E-mail:______________________________________________________________________ _______________________________ E-mail:____ ___ ___ _ __ __ ___ __ __ _ ____ _ __ ___ _ __ __ _ __ __ __ _ ___ _ __ __ _____ ___ ___ ____ ______ ____________ __ ___ State Department D # ::________________________________________________________ _______________________________________________ __ _________ __ _ State D epartment IID I aam Consular Corps m a member member of of the th e C o n s u la r C orps in:__________________________________________ in:______ _______ ___ ______ ____ ___ ______ ___ ____ ______ ___ _______ ______ ______ _______ ___ ___ ____________ K Kindly indly aattach ttach a ccheck heck ffor oor $$125.00 125.00 ffor oor tthe he aannual nnual M Membership embership due dues, s, pa payable yable tto o tthe he Cons Consular ular Corps Col College, lege, aand nd ssend end bot both h iin n tto o 4804 E Enfield nffiield Roa Road, d, Be Bethesda, thesda, M MD, D, 20814. Y You ou w will ill re receive ceive a re receipt ceipt ffor or o your m membership. embership.

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The Consular Corps College 4804 Enfield Road Bethesda, M.D., 20814

ADDRESS SERVICE REQUESTED

Consular Corps College www.consular-corps-college.org