CONSULAR | DIPLOMATIC
FORUM
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WINTER 2019 - VOLUME 6 NO. 1
Consular Trade Promotion Headlines 2018 CCC Symposium Firsts
Yes, CCC Members, There WAS a Symposium!
INSIDE… FROM THE DEAN .
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CONNECTING CONSULS WITH BIO
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HONORARY CONSULS: THE DO’S AND DON’TS OF PERMISSIBLE ACTIVITIES
SYMPOSIUM REVIEW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE 16 DISASTER ASSISTANCE FOR FOREIGN NATIONALS IN THE US
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DIRECTOR GENERAL VISITS FOURTH CONSULAR CORPS THIS YEAR . . . . . . . . . . . . . . . . . . . . .
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GETTING TO KNOW OUR MEMBERS . LOOKING FORWARD TO OUR
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50TH ANNIVERSARY YEAR . . . . PAGE 32
ARBITRA AT TION INV VOLLV VING FOREIGN NA AT TION NALS CORPORA AT TE LAW AND FOREIGN INVESTMENT EXPATRIA PA AT AT TION/EX XTRADITION FOREIGN SOVEREEIGN IMMUNITY IMMIGRA AT TION ISSSUES INVESTIGA AT TIONS AND CRIMINAL LAW INVOLLV VING FOREIGN NA AT TIONALS
Thinkin ng Ahead JOHN AMAY AY YA A
PA PA ARTNER PA P ARTNER
PERRY BECHKY
PARTNER PA
WILLIAM FF.. COFFFIELD
PARTNER PA
THOMAS CORCO ORAN, JR DANIEL FISHER-O OWENS
PARTNER PA
BENJAMIN FLOWE, W JR . BABAK HOGHOO OGHI PHILIP S. KAPLAN N
JAMES L . MARKETOS
PARTNER PA
PARTNER PA
JOHN A . ORDWA AY Y
PA P ARTNER
MELLV VIN WHITE BRUCE ZAGARIS
PARTNER PA PARTNER PA
JASON A . McCLU URG RA AY Y GOLD
PARTNER PA
PARTNER PA
LAINA C . LOPEZ
BCR - Berliner Corcoran & Rowe LLP Laina C . Lopez | 1101 Seventeenth Street , NW, Suite S 1100 Waashington, ashington DC 20036 | t . (202) 293-9096 293 9096 | e. e lcl@bcr-dc.c lcl@bcr dc com web. www. bcr.-dc.com
PARTNER PA
PARTNER PA
CLEMENS KOCHINKE
KEITH ROSTEN
PARTNER PA
COUNSEL
COUNSEL
MICHELLE TURNER ROBERTS WAYNE H. RUSCH H
OF COUNSEL
COUNSEL
CONTENTS FROM THE DEAN: It’s Been an Exciting Year
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SIRI FRETTE ALLSTED
WASHINGTON SPOTLIGHT: Connecting Consuls with BIO 5
DIANA DEJOY AND KARA NELSON
CONSULAR INFORMATION: Honorary Consuls: The Do’s and Don’ts of Permissible
MICHAEL E. SCULLIN
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CONSULAR NEWS: Director General Visits Fourth Consular Corps This Year
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SYMPOSIUM REVIEW
The Consular Corps College Publication
Yes, CCC Members, There WAS a Symposium
winter 2019 VOL. 6 NO. 1
Diplomatic Gala Dinner Transports Attendees to Finland
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The CCC and 2018 Symposium Valuable Resources KEVIN CASEBIER
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Congratulations to Class of 2018
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• Written for Consular Officers • Reaching over 1,200 career and Honorary Consulates across the fifty U.S. States, Puerto Rico, and Guam, as well as the Embassies in Washington, D.C. and the U.N. Permanent Missions in New York City Publisher Consular Corps College (CCC) Editor Katherine Moss, Director General Art Director Gina Marie BalogSartario
FEMA SPOTLIGHT: Disaster Assistance for Foreign Nationals in the US 22
JACOBS VAWTER
LOCAL CONSULAR CORPS: Minnesota Consular Corps
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GETTING TO KNOW OUR MEMBERS: Gayle Anderson and Jim Sites
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The Consular and Diplomatic FORUM is published by The Consular Corps College, a nonprofit organization, and its members across the United States. All editorial inquiries should be directed to Katherine Moss at (240) 5439735, email: kmoss@consularcorpscollege.org. Distribution is free to members in good stand ing of CCC; subscriptions are $19.95 per year.
THE LAST WORD: Looking Forward to Our 50th Anniversary Year KATHERINE (KIT) MOSS
CCC MEMBERSHIP FORM
Affinity Membership Application Form
Member Bulletin Board Forum© WINTER 2019
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Inside Back Cover
Send address changes to: The Consular Corps College, 4804 Enfield Road, Bethesda, M.D., 20814. Allow four weeks for completion of changes. SUBSCRIPTION RATES: $19.95 U.S., Canada $45, International $110 annually. TO ORDER call (240) 5439735, Email: kmoss@consularcorpscollege.org. The Consular and Diplomatic FORUM© is a copyrighted publication of The Consular Corps College, 2019. All rights reserved. No part of this publication may be reproduced in any form without written consent from the publisher.
www.consular-corps-college.org 3
from the dean
It’s Been an Exciting Year
Siri Frette Allsted COUNSELOR FOR ADMINISTRATIVE AND CONSULAR AFFAIRS ROYAL NORWEGIAN EMBASSY DEAN OF THE CONSULAR CORPS COLLEGE
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Dear Colleagues, The 2018 year is quickly coming to a close, and with it, my first year as your Dean. It has been a year filled with exciting new developments, of challenges met and overcome, and of successes. Last January, who could have anticipated that a rare snowstorm in late March would scuttle the rescheduled November, 2017 Symposium? On the other hand, who would have believed that a full day of excellent consular training could be assembled in a matter of hours to compensate for the Symposium cancellation? We can all be proud that the CCC has that kind of resiliency and ability to meet a challenge head-on and surmount it. Similarly, as the New Year dawned, membership in the Consular Corps College was on an individual basis, as it had always been. However, by the end of the first quarter, the Chancellors had created our new Affinity membership category, spurred on by the suggestion of our consular colleagues in North Carolina in January. This new development has already born fruit. The Consular Corps of North Carolina, the Consular Corps Association of Philadelphia, and the Minnesota Consular Corps have already joined as Affinity members, and many of their members have also joined the CCC individually, taking advantage of the discount for members of Affinity Consular Corps. When the Chancellors discussed the idea of creating a presentation library to make available to local consular associations, we hoped that it would get off the ground sooner, rather than later. I am so pleased that we have already taped the first two presentations, with three more to be taped in early February. We are currently working on our first nationally broadcast single-topic webinar for February, as well. We will send out information on that early next month. So many good things have happened this year. We have made changes, adapting to 21st century realities while we continue to provide the first rate training and networking opportunities that the CCC founders intended it to do almost a half a century ago. I look forward to our 50th Anniversary year in 2019 and invite you to take advantage of all that the CCC has to offer, to get more involved, and to encourage your local, as well as your country consular colleagues to join us, too! Best wishes for this holiday season and for a Happy New Year,
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washington spotlight
Connecting Consuls with BIO
Diana DeJoy
Kara Nelson
Diana DeJoy and Kara Nelson work to support international delegations across BIO’s portfolio of events. They serve as primary liaisons for all international delegations and help to coordinate attendance for all international government officials. Diana and Kara aid organizers in organizing meaningful programs to prepare for delegation participation. For more information on organizing a delegation and BIO’s global engagement, please contact international@bio.org.
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AS THE FIELD OF BIOTECHNOLOGY BECOMES INCREASINGLY GLOBALIZED, it is more important than ever to foster cross-border collaborations. The Biotechnology Innovation Organization (BIO) is the world’s largest biotechnology trade association that engages global stakeholders in the public and private sectors to support the innovative life sciences industry. As leaders in the biotechnology policy and event space, BIO works closely with Consular Communities to support their country’s innovative bioeconomy plans and to promote international delegation exchange. Through these international delegation exchanges, BIO supports the innovation that helps to feed, fuel, and heal the world. Everywhere we look biotechnology has touched our lives. We see it in the breakthrough products and technologies that combat debilitating and rare diseases; we see it in renewable energy initiatives that reduce our environmental footprint, use less energy, and have safer and more efficient industrial manufacturing processes; and we see it in innovations that make food production more efficient and food products more nutritious. At its simplest, biotechnology harnesses cellular and biomolecular processes to develop technologies and products that help improve our lives and the health of our planet. Biological processes of microorganisms have been used for more than 6,000 years to make useful food products, such as bread and cheese, and to preserve dairy products. The age of modern biotechnology is only about four decades old. But in this relatively short time, biotech scientists, researchers, and entrepreneurs have firmly established themselves at the forefront of innovation. Currently, there are more than 250 biotechnology health care products and vaccines available to patients, many for previously untreatable diseases. More than 13.3 million farmers around the world use agricultural biotechnology to increase yields, prevent damage from insects and pests and reduce farming's impact on the environment. And more than 50 biorefineries are being built across North America to test and refine technologies to produce biofuels and chemicals from renewable biomass, which can help reduce greenhouse gas emissions, making our environment and lives cleaner and healthier. As the global biotech association, BIO members are involved in the research and development of innovative healthcare, agricultural, industrial and environmental products that are transforming the way we heal, fuel, and feed the world. Members range from entrepreneurial companies developing a first product to Fortune 500 multinationals. BIO also represents state and regional biotech associations, service providers to the industry, and academic centers. 5
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Primarily an advocacy organization, BIO supports public policies that foster the growth of the innovative biotechnology industry worldwide. BIO breaks down barriers that impede innovation by advocating for collaborative and strong policies that facilitate strong bio-economies globally. Among the priority issues are matters affecting the healthcare-related regulatory and reimbursement climate, pandemic and biodefense preparedness, publicly funded scientific research, and personalized medicine. BIO’s policy portfolio is based on three primary principles: Heal the World, Fuel the World, and Feed the World. In accordance with this mission, BIO helps to educate the global community on the ways biotechnology is touching each of our lives across these three sectors. Heal the World Biotech is helping to heal the world by harnessing nature's own toolbox and our own genetic makeup, resulting in: • Reduced rates of infectious disease; • Millions of children's lives saved; • Changing the odds of serious, life-threatening conditions affecting millions around the world; • Tailored treatments for individuals to minimize health risks and side effects; • More precise tools for disease detection; and • Combating serious illnesses and everyday threats confronting the developing world. Fuel the World Biotech uses biological processes such as fermentation and harnesses biocatalysts such as enzymes, yeast, and other microbes to become microscopic manufacturing plants. Biotech is helping to fuel the world by: • Streamlining the steps in chemical manufacturing processes by 80% or more; • Lowering the temperature for cleaning clothes and potentially saving $4.1 billion annually; • Improving manufacturing process efficiency to save 50% or more on operating costs; • Reducing the use of and reliance on petrochemicals; • Using biofuels to cut greenhouse gas emissions by 52% or more; 6
• Decreasing water usage and waste generation; and • Tapping into the full potential of traditional biomass waste products. Feed the World Biotech improves crop insect resistance, enhances crop herbicide tolerance and facilitates the use of more environmentally sustainable farming practices. Biotech is helping to feed the world by: • Generating higher crop yields with fewer inputs; • Lowering volumes of agricultural chemicals required by crops-limiting the run-off of these products into the environment; • Using biotech crops that need fewer applications of pesticides and that allow farmers to reduce tilling farmland; • Developing crops with enhanced nutrition profiles that solve vitamin and nutrient deficiencies; • Producing foods free of allergens and toxins such as mycotoxin; and • Improving food and crop oil content to help improve cardiovascular health. BIO also supports industry-wide success through hosting several networking, partnering and education opportunities throughout the year and around the globe. At each event, BIO One-on-one Partnering™ is a clear draw for attendees. The system helps participants identify and evaluate potential partners through company profiles, videos, abstracts and other content posted within the mobile app. Users request individual meetings and the system schedules them. This very popular tool facilitates over 50,000 face-to-face meetings each year among investors, biotechs, pharmaceutical companies, academic institutions and non-profits at live events. Below are a few of BIO’s premier events:
The BIO CEO & Investor Conference™ is the largest investor conference focused on established and emerging publicly traded biotech companies. The conference presents a broad and unbiased view of investment Forum© WINTER 2019
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opportunities and industry trends that is consistent with BIO’s mission to support industry-wide success.bio.org/ceo // February 11-12, 2019 • New York, NY
The BIO Asia International Conference™ brings together the global biotechnology and pharmaceutical industry to explore licensing and research collaborations in the current Asia-Pacific business and policy environments. Gain insights into the changes, challenges, and opportunities key opinion and policy leaders foresee for the Japanese biotech market. bio.org/asia // March 5-6, 2019 • Tokyo, Japan
As the largest business partnering event in the world, the BIO International Convention is the epicenter of the biotechnology industry. Global biotechnology and pharma leaders come together for one week of intensive networking to discover new opportunities and promising partnerships. Every single country that has identified biotechnology as a strategic priority for growth and development has an official presence at the Convention • 1,800 exhibitors • 180+ sessions • 300+ company presentations convention.bio.org // June 3-6, 2019 • Philadelphia, PA
The BIO World Congress on Industrial Biotechnology is the world’s largest industrial biotechnology event for business leaders, investors, and policy makers in biobased products, renewable chemicals and biofuels and food and ag tech. The Forum© WINTER 2019
conference features a breakout program featuring multiple tracks and plenaries as well as numerous workshops, Green Tech Investor Sessions, poster presentations, exhibits, networking receptions and BIO One-on-One Partnering™ meetings. bio.org/worldcongress // July 8-11, 2019 • Des Moines, Iowa
The BIO Investor Forum™ is an international biotech investor conference focused on early and established private companies as well as emerging public companies. The event features plenary sessions, business roundtables, therapeutic workshops, company presentations, and BIO One-on-One Partnering™ meetings. bio.org/investorforum // October 22-23, 2019 • San Francisco, CA Global participation at BIO events is unmatched. Participation in any of the events above allows countries to: • Promote inward investment by showcasing the competitive advantages of doing business in one’s home country • Promote domestic growth & economic development in biotechnology • Facilitate public and private stakeholder dialogue about leveraging the national innovation system to stimulate and sustain biotechnology growth • For policy makers, legislators and other members of the public sector, our events are the most valuable opportunity to gain insight on the political and legislative frameworks that successfully drive the innovative processes on a regional or national basis In hopes of fostering a strong global bio-economy, BIO established an international delegation program across its portfolio of events. This is inclusive of programs for visiting government official, special international delegation incentives, and more. To learn more about BIO and its global advocacy efforts or to organize a government or company delegation to any of the events listed above, please contact Kara Nelson at international@bio.org.■ 7
consular information
Honorary Consuls: Do’s and Don’ts of Permissible Activities1 2018. All rights reserved: Michael E. Scullin.
THERE ARE TWO TYPES OF CONSULS: honorary consuls and career consuls. Career consuls are prohibited from engaging in private activity; honorary TH Michael E Scullin consuls are not. Honorary consuls generally perform their duties without HONORARY CONSUL OF FRANCE IN remuneration by the countries they represent. They are not professional diplomats. PHILADELPHIA AND WILMINGTON They are, however, public servants who enjoy a special status that allows them to PAST PRESIDENT OF THE engage in paid professional work. This distinction leads to the need to determine CONSULAR CORPS ASSOCIATION the permissible scope of private activities engaged in by honorary consuls. OF PHILADELPHIA The prevalence of consular activity appears to be on the rise. In his report for the Netherlands Institute of International Relations, Dr. Kevin Stringer observes Michael Scullin is Counsel to McElroy, Deutsch, Mulvaney & that “consular diplomacy is taking on an ever increasing importance in the Carpenter, LLP. In his legal practice, globalized world and economy, and it may emerge as the more significant he has handled a broad variety of component of diplomatic power when compared to traditional diplomacy.”2 commercial, nonprofit and Worldwide, he continues, governments are recognizing that “Honorary Consuls are international matters, focusing on remarkably effective in advancing the country’s interests, at virtually no cost to the crossborder transactions and international estates. appointing country.”3 How to determine the scope of permissible activity of honorary consuls? What mscullin@mdmclaw.com are the rules? Can they profit from transactions they help broker? Where is the (215) 5572975 limit between routine consular duties and separate business activities? The boundary between the role of honorary consuls and their commercial activity is sometimes difficult to discern. Unfortunately, there is not a lot of specific authority on the subject, and deciding where to draw the line can be challenging. However, some guidance on the subject can be derived from sources that are both international and national. International Authority: The Vienna Convention The primary reference regarding consuls is the Vienna Convention on Consular Relations of 24 April, 1963. The Convention divides consular officers into two categories, “career” and “honorary.” The general provisions relating to facilities, privileges and immunities of career consuls representing a foreign state are set forth 1 This article expresses the personal views of the author and is not intended to represent or reflect the position of any organization, firm or government or representative thereof. I am indebted to the invaluable research and feedback furnished by Hon. Krista Butvydas Bard, Honorary Consul General of the Republic of Lithuania to the Commonwealth of Pennsylvania and past President of the Consular Corps Association of Philadelphia. I would also like to acknowledge the substantial contributions of my colleagues Ms. Kodou Diouf and Ms. Leslie D’Alascio, without whose efforts this article would not have come to fruition. 2 Stringer, K.D. 2007. “Think Global, Act Local: Honorary Consuls in a Transforming Diplomatic World.” Discussion Papers in Diplomacy. The Clingendael Institute. [online] pp.1 3 Rana, K.S. The Contemporary Embassy. New York: Palgrave MacMillan, 2013. Print. p.102 8
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consular information in Chapter II of the Convention; Chapter III covers honorary consuls. Article 5 enumerates some of the “consular functions”: a. Protecting nationals of the sending State; b. Furthering commercial, economic, cultural and scientific relations between the sending State and the receiving State and reporting on developments in these areas; c. Issuing passports and travel documents; d. Acting as a notary and civil registrar and performing administrative functions; e. Safeguarding interests in the case of succession causa mortis; f. Arranging representation before tribunals of the receiving State; g. Transmitting judicial and extrajudicial documents or executing letters rogatory; h. Exercising rights of supervision of vessels; Specific limitations with respect to career consuls are found in article 57, paragraph 1, which provides: “Career consular officers shall not carry on for personal profit any professional or commercial activity in the receiving State.” This provision clearly prohibits career consuls from commercial work that might benefit the country and/or their own interests, but obviously does not include honorary consuls in the prohibition. In some cases, the reason why an honorary consul was given the title is precisely because they were involved in commercial ventures within the country. Jonathan Warren, the honorary consul for Monaco in Las Vegas, addressed the issue in a recent article in Reuters magazine, “For an honorary consul in America:
deal or no deal?”: "Is [private commercial activity] prohibited by virtue of being an honorary consul? No, of course not," he said. "In fact just the opposite is true in practice because a lot of times people are appointed because they've brought business" to the country they represent. The honorary consuls are appointed because of their own business activity or they have a lot of links with businesses. These links are an advantage for the consul, the country they represent and the country where they operate.4, 5 How various consuls interpret this question varies greatly, and there have been examples in recent history when honorary consuls have had their titles rescinded because of inappropriate actions or interpretations of their rights and obligations. National Rules Regulations concerning the organization of consular services can be found not only in the international convention, but also in the internal regulations of the receiving and sending States. Some countries have guidelines for their honorary consuls, but our review has not identified any that deal with questions of the private acts or business of consuls, other than, for example, general proscriptions on engaging in activities that would conflict with the interests of the sending State. The guidelines concern only the role as Honorary Consul and not with other roles beyond “consular activities” where questions of business activities or profits might arise.7
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4 http://www.reuters.com/article/us-usa-generals-honorary-consuls-idUSBRE8B30QA20121204 5 a. For example, a Belgian Royal Decision regarding honorary consuls lists the conditions that should be satisfied by an honorary consul, including honorable reputation, playing an important role in the social life of the circumscription, avoiding conflicts of interests (page 5 of the document). http://reflex.raadvstconsetat.be/reflex/pdf/Mbbs/2016/10/06/134381.pdf b. In France a notice relating to honorary consuls there contains restrictions on the types of people who can serve as honorary consuls because of their incompatibility with the function. A French national cannot exercise the office of a foreign State’s honorary consul if he/she has been elected by universal suffrage, is a civil servant or central government or local authority official, member of the Commercial Court (Commercial Court judge), or is on the academic staff of a higher education establishment if this is his/her main activity; or is a barrister or solicitor. http://www.diplomatie.gouv.fr/IMG/pdf/Consuls_honoraires_anglais__2__cle02713b.pdf http://www.diplomatie.gouv.fr/IMG/pdf/MODIFNotice_consuls_honoraires_cle0ab381.pdf c. Appointment requirements. The French Senate has published a synthesis of characteristics of honorary consuls of several European countries. For example, it refers to the circular published by Denmark specifying that business persons, lawyers and representatives of maritime agencies correspond to the desired profile. https://www.senat.fr/lc/lc149/lc149_mono.html 6 E.g., Belgian Royal Decision, http://reflex.raadvst-consetat.be/reflex/pdf/Mbbs/2016/10/06/134381.pdf 7 http://dfat.gov.au/about-us/publications/corporate/protocol-guidelines/Pages/guidelines-for-honorary-consuls-in-australia.aspx https://diplomatie.belgium.be/sites/default/files/downloads/Verbal-Note-Appointment-Honorary-Consuls-Guidelines-150915.pdf Forum© WINTER 2019
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Laws in the Receiving State: Foreign Agents Registration Act As a receiving state, the United States does require foreign agents to register under the Foreign Agents Registration Act, also called FARA. The purpose of FARA is to protect the national defense, internal security and foreign relations of the United States by requiring public disclosure by persons engaged in certain activities on behalf of foreign principals to ensure the American public and its lawmakers know the source of the information intended to sway public opinion, policy and laws.8 FARA is a procedural statute, not a substantive one. FARA registrants are required to file registration statements and supplements in electronic form. These forms are public records and must be supplemented every six months. An “agent of a foreign principal” is defined as any person who acts as an agent, representative, employee, or servant, or any person who acts in any other capacity at the order, request, or under the direction or control, of a foreign principal or of a person any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a foreign principal, and who directly or through any other person—(i) engages within the United States in political activities for or in the interests of such foreign principal; (ii) acts within the United States as a public relations counsel, publicity agent, information-service employee or political consultant for or in the interests of such foreign principal; (iii) within the United States solicits, collects, disburses, or dispenses contributions, loans, money, or other things of value for or in the interest of such foreign principal; or (iv) within the United States represents the interests of such foreign principal before any agency or official of the Government of the United States. . . .9 FARA includes some important exemptions, such as for those engaging only “(1) in private and nonpolitical activities in furtherance of the bona fide trade or commerce of such foreign principal; or (2) in other
activities not serving predominantly a foreign interest; or (3) in the soliciting or collecting of funds and contributions within the United States to be used only for certain humanitarian purposes.” It also exempts, for obvious reasons, diplomatic officers and other officials of foreign governments, and those engaging in “activities in furtherance of bona fide religious, scholastic, academic, or scientific pursuits or of the fine arts.” (Individuals can also avoid FARA obligations if they are permitted to register under other lobbying statutes, including the 1995 Lobbying Disclosure Act, which has, at least in some respects, fewer / easier-to-satisfy requirements for those working only on behalf of foreign commercial, rather than foreign political, interests.)10 As noted, registration is not necessary for diplomatic officers—consuls, for example. They are exempt. But consular agents who do engage in covered private activities would be required to register. This could raise issues for honorary consuls who wear two hats: one is a diplomatic officer, and the other a private agent with business activity. Illegal or Dangerous Activities One clear example of an impermissible activity occurs where an honorary consul engages in an illegal or dangerous activity. Article 55 of the Vienna Convention codifies this principle in requiring honorary consuls “to respect the laws and regulations of the receiving State.” Conversely, Article 5 (m) contemplates that consuls may engage in functions “which are not prohibited by the receiving State.” In 2015, an Honorary Consul in Turkey was secretly filmed by a television network at her boat supply shop selling inflatable dinghies and life jackets to Syrians who had fled the civil war. The shop had a flag of the country she represented hanging outside, beside a plaque reflecting that she was the Consular agency of that country.11 The Honorary Consul in this case was engaging in an illegal and dangerous activity. She was encouraging smuggling of humans. The Foreign Minister of the sending country
8 https://www.justice.gov/opa/pr/national-security-division-announces-fara-efile-foreign-agents-registration-act-electronic 9 https://www.law.cornell.edu/uscode/text/22/611 10 https://www.justsecurity.org/39493/primer-foreign-agents-registration-act/ 11 http://www.telegraph.co.uk/news/worldnews/europe/france/11860115/France-suspends-honorary-consul-in-Turkey-over-boat-sales-to-migrants.html 10
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consular information ordered the honorary consul’s suspension immediately after the television report aired. This case clearly underscores the fact that honorary consuls must avoid illegal activities.12 Moreover, the fact that the consul used the sending country’s flag on her shop where she was selling the dinghies gave the appearance that the country’s government supported this activity, which of course was not the case. Honorary consuls must avoid activities conflicting with their countries’ policies. Another case closer to home involved Jill Kelley, then an honorary consul in Tampa, Florida in 2012. There were two issues, the first concerning a sexual scandal involving General David Petraeus, and the second a question about diplomatic immunity. The second issue is perhaps more germaine to the subject of this article, although the facts eventually led to the termination of her status as an honorary consul. In the wake of the story about the sexual affair, the honorary consul telephoned the police to complain about the number of media outlets that had descended on her home in Tampa and suggested she was entitled to diplomatic protection.13, 14 She said to the Tampa police: "You know, I don't know if by any chance, because I'm an honorary consul general, so I have inviolability, so they should not be able to cross my
property. I don't know if you want to get diplomatic protection involved as well"15. Honorary consuls do not have absolute diplomatic immunity. The 1963 Vienna Convention on Diplomatic Relations does protect the files, records and communications of consuls, and the United States Department of State recognizes a limited immunity defense with respect to official acts performed in the exercise of consular functions.16 But the Vienna Convention could not be interpreted to guarantee that her property was “inviolable" as a matter of international law. The South Korean government was understandably not pleased to find itself involved in unwanted publicity in relation to the sex scandal and also the Tampa telephone call, and the honorary consul’s status was revoked by the State Department.17, 18 Fees and Compensation A discussion of permissible business activity naturally involves potential compensation for those activities. The matter of accepting some sort of payment in exchange for an introduction is a general business question applying not only to honorary consuls, but also CONTINUED ON PAGE 12
12 The honorary consul of Cyprus in Israel was suspended after he became a state witness and incriminated himself in the “submarine affair,” a police corruption investigation into Israel’s purchase of German-made naval vessels. https://www.ynetnews.com/articles/0,7340,L-4994168,00.html The honorary consul of Finland in Venice was stripped of his position because he was suspected of involvement in a corruption scandal relating to the construction of a dam intended to prevent the city from sinking; the Finnish requested that the Italian Ministry of Foreign Affairs annul his position and revoke his permission during the prosecution of the matter. http://www.helsinkitimes.fi/finland/finland-news/domestic/10980-finland-s-honorary-consul-in-venicesuspected-of-involvement-in-corruption-scandal.html Recently, the honorary consul of Bulgaria in Barcelona was released from his duties after attacking the Spanish government and vice president Soraya Sáenz de Santamaría for the way in which they dealt with Catalonia's independence referendum. Of the vice president he said: "Her grandfather, a Franquista. She's a Franquista, too. And her son. Is it here that demands the thing we have to do? Please, resign now. "You cannot order the police to hit innocent people. The Spanish government, you are a complete disgrace. For that reason you will be where you belong to be, separated from the world'', he also added. He has demonstrated his deep attachment to Catalonia ever since. http://www.marca.com/en/football/barcelona/2017/10/10/59dce036e2704e9c288b4612.html; http://www.dailymail.co.uk/wires/reuters/article-4968838/PRESS-DIGEST--Bulgaria--Oct-11.html; http://www.novinite.com/articles/184198/Bulgaria+Withdraws+Stoichkov+as+Honorary+Consul+in+Barcelona; http://www.novinite.com/articles/184044/Spain+No+Longer+Wants+Hristo+Stoichkov+to+Serve+as+Honorary+Consul+of+Bulgaria+in+Barcelona In response a procedure has been initiated to release Hristo Stoichkov from his duties as Bulgaria's Honorary Consul to Spain. https://www.bnt.bg/en/a/hristostoichkov-will-be-released-from-duties-as-honorary-consul-to-spain 13 https://www.washingtonpost.com/news/worldviews/wp/2012/11/14/sorry-jill-kelley-you-probably-dont-have-diplomaticinviolability/?utm_term=.bef944d376af 1 https://www.theguardian.com/world/2012/nov/14/south-korea-jill-kelley-honorary-consul 15 MATT SEDENSKY and TAMARA LUSH, Kimberly Dozier and Pauline Jelinek in Washington and Brendan Farrington in Tallahassee, Fla., contributed to this report, Fla. socialite at center of general's sex scandal, Associated Press, November 14, 2012 16 http://legal.un.org/ilc/texts/instruments/english/conventions/9_2_1963.pdf 17 https://www.theguardian.com/world/2012/nov/14/south-korea-jill-kelley-honorary-consul 18 http://www.cnn.com/2012/11/26/world/asia/south-koreakelley/index.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+rss%2Fcnn_topstories+%28RSS%3A+Top+Stories%29 Forum© WINTER 2019
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to many consultants and professional service providers. The terminology varies to some degree by industry, but common terms include referral fee, finder’s fee, success fee and commission. A commission is a fee paid based on a percentage of the sale made by an employee or agent, as distinguished from regular payments of wages or salary. Registered, licensed, real estate and business brokers and company employees are given commissions on sales. A referral fee and finder’s fee are synonymous: a fee paid by a business to a person or organization for bringing to its attention financial investors, potential new employees, or buyers or sellers whose relationship with the business will materially benefit it. Lawyers Certain professions have their own ethical guidelines or requirements regarding receipt of fees. Lawyers, for example, are allowed to accept referral fees, under strict guidelines that vary to some degree and are defined by their respective area bar associations. Generally, however, lawyers may not pay a referral fee or finder’s fee to a non-lawyer. For example, Rule 1.5. (e) of the Pennsylvania rules of Professional Conduct concerning fees provides: “A lawyer shall not divide a fee for legal services with another lawyer who is not in the same firm unless: (1) the client is advised of and does not object to the participation of all the lawyers involved, and (2) the total fee of the lawyers is not illegal or clearly excessive for all legal services they rendered the client.”19 Drawing the Line Lawyers serving as honorary consuls also provide an example of how to distinguish between “consular” activity and compensable legal services. Broadly, the area crosses the line when the consul or consular agency is not simply providing general information but is actually providing advice and/or representation tailored to the specific facts of the client’s case. An example might be a situation in which an individual asks for information about a tax form
he or she needs to complete. Simply explaining the form would fall into the first category; if the person then asks for advice on the tax owed or desires that a claim be filed to obtain a refund, the service seems to have moved into the category of legal services. In such a situation, common practice and some rules of professional conduct require the lawyer to provide and the client to acknowledge that legal services are being provided, how the lawyer will be compensated, etc. So in that case the nature of the relationship is clear to all parties. This discussion may provide guidance for other types of professional and commercial activities engaged in by honorary consuls: Does the activity involve merely accessing (say, through readily available sources like the Consulate General’s website) and providing general information, or does it cross the line into performing services for the client? Some honorary consuls engaging in professional and commercial activities are willing to provide a short complimentary consultation. If the matter requires further services, this would then pass into the realm of an activity for which payment would be expected.20 Real Estate and Business Transactions Referral fees or finder’s fees can be part of a real estate or business transaction, and are often clearly defined, by state law. For example, in New York: The finder must have introduced the party to the broker who subsequently purchased the property through that broker or the broker’s agent. The agreement between the broker and the finder must be in writing, the property must transfer, and the finder must not have participated in any way in the negotiations that led to the purchase. In other words, the finder must not have performed any activities that require a real estate license. The courts are wary of attempts by persons claiming to be finders who are in fact attempting to circumvent the license requirements.21 There is debate in the business community whether finder’s fees are helpful or harmful, as exemplified in these arguments from articles:
19 http://www.pacode.com/secure/data/204/chapter81/s1.5.html 20 There may also be “consular” activities for which fees may be charged. For example, some countries require a payment to the consular agency when official documents like passports or identity cards are collected. 21 http://www.hamptons.com/Real-Estate/Main-Articles/11825/What-Is-The-Difference-Between-A-Referral-Fee-And.html#.Wd58zbUpDbg 22 https://referralrock.com/blog/finders-fees-business-how-to-do-them-right/ 12
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consular information PRO FINDER’S FEES22
Small businesses can use finder’s fees to gain access to client networks that are tough to tap into.
A Finder’s fee also saves time by tasking others with tracking down new prospects.
BUT as mentioned by Carol Roth, a contributor to Entrepreneur, “not every lead is worthy of a finder’s fee“. So if there isn’t a good standing relationship with the lead, it may not be worth asking for a fee. Sale of Securities and Capital-raising A particular area of activity involving finders’ fees involves the sale of securities, and assisting companies in finding capital. A Broker-Dealer is required to be registered, but the law relating to finders is less clear. Under the Securities Exchange Act of 1934 and state securities laws, a “broker-dealer” is “any person engaged in the business of effecting transactions for the account of others.” It is unlawful for a broker to “effect any transaction in, or induce or attempt to induce the purchase or sale of, any security” without first registering as a brokerdealer with the Securities and Exchange Commission (SEC) and applicable state regulators. Registered brokerdealers must also be members of a self-regulatory organization--generally the Financial Industry Regulatory Authority (FINRA) -- and comply with SEC regulations regarding financial responsibility and market conduct.24 Individuals and firms who are not broker-dealers, but hold themselves out as being able to connect companies that wish to issue securities to raise capital (“issuers”) with investors, sometimes charge a commission or
CON FINDER’S FEES23
Is the finder’s fee just for the original introduction or does it apply to all future projects? While on one hand, you want to grow the relationship with this client into recurring work, that also might mean you have to keep paying out the Finder from your profits.
How to determine fees for service-based work, like what agencies sell, fluctuates and has narrow profits margins 20% being the baseline.
Just because someone refers a potential client to your business doesn’t mean that client is a good fit.
success fee related to the amount of capital raised for the issuer. These “finders” may call themselves placement agents, business brokers or consultants. They do not need to be registered as broker-dealers if they can satisfy a “finder exemption.”25 Securities Exchange Act Rule 3a4-1 regulations provide for a “finder exemption” from broker-dealer registration requirements, but it is very narrowly circumscribed: The finder must be a natural person who is a director, officer or employee of the issuer, with substantial duties other than capital-raising; and the finder must not be compensated by an arrangement that depends on the success of the finder’s securities sales efforts.26 A finder’s failure to properly register as a brokerdealer may subject the finder to potential liability, including investor rescission claims as well as civil administrative penalties, criminal penalties, and imprisonment.27 CONTINUED ON PAGE 14
23 https://www.proposify.biz/blog/finders-fees-for-business-referrals 24 http://www.hawleytroxell.com/2010/03/paying-unregistered-finders-to-raise-capital-for-your-company-is-generally-illegal/ 25 http://www.hawleytroxell.com/2010/03/paying-unregistered-finders-to-raise-capital-for-your-company-is-generally-illegal/ 26 http://www.hawleytroxell.com/2010/03/paying-unregistered-finders-to-raise-capital-for-your-company-is-generally-illegal/ 27 http://www.hawleytroxell.com/2010/03/paying-unregistered-finders-to-raise-capital-for-your-company-is-generally-illegal/ Forum© WINTER 2019
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In 2014, the SEC attempted to provide some guidance to finders connecting investors with companies seeking capital. The SEC’s Division of Trading and Markets of the SEC issued a no-action letter that allowed such brokers, under certain conditions, to engage in ten activities in connection with the purchase or sale of privately-held companies, without registering as a broker-dealer.28 In practice, the limitations enumerated in the no-action letter are probably too restrictive for many market participations.29 Moreover, risks remain. Significantly, a no-action letter states the position of the SEC staff, but it is not binding on the SEC or other parties, including private plaintiffs or the Financial Industry Regulatory Authority (FINRA). In addition, registration requirements continue to exist under some state laws. Accordingly, the no-action letter does not eliminate all of the risks of acting as or employing an unregistered intermediary. In an effort to clarify the situation, a new category of broker was established more recently. In August of 2016, FINRA proposed, and the SEC approved, a FINRA rule creating a category of broker-dealers known as Capital Acquisition Brokers or “CABs.”32 A CAB is a broker-dealer that limits its business to M&A advisory work and/or corporate financing transactions.33 CAB registration is voluntary. CABs will be subject only to FINRA by-laws and to CAB rules that are significantly more limited than the broader FINRA rule set.34 CAB status may be of interest especially to firms serving as institutional fund placement agents (for the greater flexibility the CAB rules allow for communications con-
taining predictions or projections of performance), and to M&A and other corporate finance advisory firms whose activities come within those permitted for CABs (for the lessened compliance burdens).35 That said, the restrictions on the use of dual-hatted personnel who carry out securities-related functions for other entities (i.e. others broker-dealers, investment advisers, or banks) will pose a significant challenge to some firms considering CAB status. Firms will be considering the costs and benefits of CAB registration, and will monitor for any further guidance from FINRA on the CAB rules.36, 37 Conclusion Honorary Consuls are not prohibited from private activity. There are some clear cases of prohibited activity and other cases in which guidance can be gleaned from other professions and business activities. In case of doubt, consulting with entities such as the legal adviser or the Office of Foreign Missions or seeking professional legal advice may be recommended.■ DID YOU KNOW? A Golden Opportunity to Celebrate our History and Heritage TH Walter Rigerer, Consul General of Austria, founded the CCC in 1969. In recognition of our Founder, the 2019 50th Anniversary Symposium will celebrate our Austrian roots and the Austrian Embassy’s unwavering support of the CCC and its mission. We have already designated Consular Promotion of Cultural, Educational, and Scientific Exchange for our 2019 Symposium daylong deep dive, and plans are underway for a dazzling opening Diplomatic Gala Dinner “Wiener Art” (Vienna Style)!
28 To our clients and friends Memorandum – SEC provides relief from Broker Dealer Registration to Private M&A Brokers, Fried Frank, friedfrank.com 29 Capital Acquisition Brokers: A New SEC Registration Category Providing Clarity and Relief for M&A Brokers, By Kenneth J. Stuart, Becker, Glynn, Muffly, Chassin & Hosinski LLP, ABA SIL M&A and Joint Ventures Committee Newsletter - issue 2/2016, http://www.beckerglynn.com/wpcontent/uploads/2016/10/Capital-Acquisition-Brokers-A-New-SEC-Registration-Category-Providing-Clarity-and-Relief-for-MA-Brokers.pdf 30 https://www.cohengresser.com/assets/publications/2_20_2014_MA_Brokers_BJR_RJG_.pdf 31 To our clients and friends Memorandum – SEC provides relief from Broker Dealer Registration to Private M&A Brokers, Fried Frank, friedfrank.com 31 Capital Acquisition Brokers: A New SEC Registration Category Providing Clarity and Relief for M&A Brokers By Kenneth J. Stuart, Becker, Glynn, Muffly, Chassin & Hosinski LLP (kstuart@beckerglynn.com) ABA SIL M&A and Joint Ventures Committee Newsletter - issue 2/2016 33 http://www.beckerglynn.com/wp-content/uploads/2016/10/Capital-Acquisition-Brokers-A-New-SEC-Registration-Category-Providing-Clarity-and-Relief-forMA-Brokers.pdf 34 http://www.shearman.com/~/media/Files/NewsInsights/Publications/2016/09/FINRA-Capital-Acquisition-Broker-Proposal-Approved-FIA-FR-092016.pdf 35 http://www.shearman.com/~/media/Files/NewsInsights/Publications/2016/09/FINRA-Capital-Acquisition-Broker-Proposal-Approved-FIA-FR-092016.pdf 36 http://www.shearman.com/~/media/Files/NewsInsights/Publications/2016/09/FINRA-Capital-Acquisition-Broker-Proposal-Approved-FIA-FR-092016.pdf 37 http://www.finra.org/sites/default/files/notice_doc_file_ref/Regulatory-Notice-16-37.pdf 14
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consular news
Director General Visits Fourth Consular Corps This Year THIS SUMMER saw consular training and other Kit Moss, Director General growth opportunities of the Consular Corps appealed to the MNCC College, on the road again, members present. A visiting another local number expressed great Consular Corps. On July enthusiasm and welcomed 23, 2018, the Minnesota the new options available to Consular Corps hosted Ms. them, both individually and Moss at their July lunch as members of the meeting. During that time, Minnesota Consular Corps. she had the opportunity to “Smart!” mouthed one talk with all of the MNCC attendee approvingly, as Ms. members present and to give Moss discussed the webinar a presentation on the CCC, training sessions coming this the new Affinity Fall. “Excellent idea; this is Membership for local what we need,” remarked consular associations, and an another after the lunch overview of the upcoming meeting and presentation 2018 Symposium. concluded. Director General, Kit Moss, flanked by the Minnesota Consular Corps The warm reception that The approval voiced that Past President, TH Britt Ardakani, Honorary Consul of Norway (L) the MNCC extended also day turned into action. A and newlyelected MNCC President, TH Bruce Karstadt, included many happy few short weeks later, the Honorary Consul of Sweden (R). reunions with members who MNCC members voted to are already CCC members and regular Symposium become the Consular Corps College’s third Affinity attendees. Indeed, the Minnesota Consular Corps has Member Consular Corps, and they will follow up that the highest number of Consular Corps College decision with a strong push to get most, if not all, of members from one local consular association. One of their membership to join the CCC as Full Members our newest CCC Chancellors, TH Eivind Heiberg, is and, hopefully, to attend the Symposium with their also a member of the MNCC. Affinity Member discounts. With so many Minnesotan colleagues wellMany thanks go to Past-President, Britt Ardakani, to acquainted with the CCC and its training, Ms. Moss their new President, Bruce Karstadt, and to all the concentrated much of her presentation on the newest MNCC members for their kind hospitality. Dean Siri membership offerings, including webinars and the Frette Allsted and the Board of Chancellors heartily Affinity Membership for entire local Consular Corps. welcome the Minnesota Consular Corps as our latest These new vehicles for accessing high-level, professional Affinity Consular Corps member!■
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Consular Trade Promotion Headlines 2018 CCC Symposium Firsts Yes, CCC Members, There WAS a Symposium! AFTER A FRUSTRATING YEAR, including two separate scheduled attempts to have our Annual Consular Corps College Symposium, the conference finally took place this past November 14 – 16, 2018 in Washington, DC. Attendees representing countries from all five continents gathered in our Nation’s Capital to learn new consular skills, hone existing ones, make new connections and reestablish old ones, and to reaffirm the critical importance and value of consular work. The 2018 Symposium offered the attendees three days of new experiences and opportunities. With its daylong concentration on Consular Trade Promotion, the Symposium turned its focus for the first time on international trade development, an essential skill for all honorary consuls. The conference also featured two embassy experiences and a new State Department opportunity. The Embassy of Finland hosted the opening Diplomatic Gala Dinner on Wednesday, November 14, 2018, while the Embassy of Lithuania hosted the first full day of training on Thursday, November 15th. The 16
second day of training took place in the beautiful George C. Marshall Conference Center at the Department of State on Friday, November 16th. The Symposium opened with a very special Diplomatic Gala Dinner at the Embassy of Finland (see following article). The plunging temperatures and howling winds seemed to set the stage for an enchanting night in Finland. The following day, the training portion of the annual Symposium got underway, even as another unexpected snowfall accumulated on the streets, closing some offices and snarling traffic. Fortunately, this time the attendees were already in DC, so the winter weather did not impede the conference. After a wonderful Finnish evening at the Gala Dinner, the attendees got to experience Lithuanian food and hospitality on Thursday, while gaining crucial skills in Consular Trade Promotion. Our Thursday host, His Excellency Rolandas Krisciunas, opened the day’s training with an overview of the Lithuanian economy and the various corporations investing in Lithuania. He reiterated the positive Forum© WINTER 2019
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messages of Ambassadors Kauppi and Gutierez the night before, acknowledging the great work that his Lithuanian Honorary Consuls have done and stressing the importance of consular trade promotion for Lithuania and for all countries. Senior officials from the Department of Commerce’s International Trade Administration got the deep dive into Consular Trade Promotion off to a start, examining how the Trade Promotion Coordinating Committee (TPCC) and the SelectUSA division can assist consular officers in promoting foreign direct investment in their countries and in attracting investment by their Sending Nation’s companies to the US. These first two presentations led into a panel discussion of how two of our members, TH Krista Bard, Honorary Consul General of Lithuania and CCC Chancellor, and TH David Robinson, Honorary Consul of Japan, pursue trade promotion for their respective countries. After a wonderful networking lunch of Lithuanian food with Ambassador Krisciunas, many of the speakers, and the Lithuanian Embassy staff, the attendees participated in an extremely important session on consular consulting – what is permitted, what is not, and at what point an honorary consul might cross the line and become a foreign agent, who needs to register with the Department of Justice under the Foreign Agents Registration Act, or FARA. Following that, the team of TH Siri Frette Allsted, Head of Administration and Consular Affairs at the Embassy of Norway and our Dean, and TH Eivind Heiberg, Honorary Consul General of Norway in MN and CCC Chancellor, gave an extremely helpful presentation on how embassies and consular networks can work effectively together in trade promotion activities. To conclude the day’s training, we had a final interesting panel of experts in legal consulting, site searching, and state and local government agencies discuss how these critically important resources help companies considering foreign direct investment, and why consular officers should have each of these kinds of resources in their toolboxes. As the day of training sessions came to a close, attendees climbed back onto the bus, still discussing the many new trade promotion skills they had learned or had reaffirmed. It was clear that our participants would return home to their jurisdictions, filled with fresh ideas and new tools, which they would put to work immediately. Forum© WINTER 2019
Back at the hotel, the attendees all assembled for a Members’ Meeting. A number of years had gone by since we had a large meeting with our membership, and the Board of Chancellors wished to change that. Many of the members in the room had joined recently, while others have been members for a number of years. No matter how long each had been a part of the CCC, everyone participated in the discussions and shared many suggestions. The Consular Corps College will mark its 50th Anniversary year in 2019. Over the last 49 years, the CCC has kept to its mission of providing cutting edge training and sharing best practices in the execution of consular duties and connecting our members with key Government Officials and relevant organizations while growing and expanding its reach and its offerings. However, all acknowledged that there is much more that we can do as we move into our second half-century. Longtime members as well as new ones jumped into the fruitful discussions and offered new ideas. Look for new developments in this issue and in the coming months. A collegial networking Happy Hour and dinner followed the Members’ Meeting and ended the day on a very satisfying note. Friday marked another first at the State Department. This year, the Office of Foreign Missions hosted the Consular Corps College Symposium in the George C. Marshall Conference Center, which is in the new Diplomacy Center wing of Main State. The training sessions on this final day opened with updates from the Office of Foreign Missions (OFM) by Acting Director Cliff Seagroves, followed by a Q&A and a first hand report on OFM’s response to the back-to-back Hurricanes Harvey, Irma, and Maria by Program Officer, Daniel DiLeo. FEMA International Relations Specialist, Jacob Vawter, gave a presentation explaining the coordination role that FEMA plays during a disaster and how the International Affairs Division of FEMA then interacts with OFM. A number of recent natural and man-made disasters had involved foreign nationals. Numerous countries and their consular officers did not completely understand the roles and limitations of the responding agencies when it comes to foreign nationals. Vawter explained FEMA’s purview and how it coordinates with CONTINUED ON PAGE 18
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OFM, which then connects with the consular community. FEMA’s disaster response dovetailed perfectly with the following presentation by the Bureau of Consular Affairs’ Digital Engagement Specialist, Lori Lawson-Dischner. In her session, Ms. Lawson-Dischner discussed how the US Bureau of Consular Affairs does real-time messaging to Americans in a country or region, in the event of a crisis. State uses a myriad of social media platforms to reach as many US citizens as possible, as quickly and efficiently as possible. They strongly suggest that all consuls become effective social media users so that they can do the same for their nationals, should the need arise. The last session before the networking lunch break was Principal Deputy Assistant Secretary of Consular Affairs, Ms. Karen Christensen, who picked up the trade promotion thread from the day before and discussed the wide array of visas for trade and investment. Her presentation was extremely instructive, as she discussed a variety of little-known or overlooked business visas. After a lively lunch, networking with State Department officials from both OFM and Consular Affairs, the attendees settled in for the final afternoon training session on the detection of fraudulent documents. The Supervisory Physical Scientist in the Counterfeit Deterrence Laboratory, Mr. Joel Zlotnick, guided everyone through a
very entertaining, but incredibly important hands-on training in the detection of documents that have either been fraudulently reproduced or tampered with. The CCC had done its first fraudulent document training back in 2014. In the ensuing four years, new technologies have demanded that governments create more and more kinds of security technology for their official documents. Zlotnick took the CCC attendees through the exact same paces that he puts Homeland Security officers through, ensuring that our members received the most up-to-date and inclusive training possible, as well. With this year’s training complete, the “Graduates” received their Certificates of Consular Training and then adjourned to the adjacent reception area, where Acting Vice Dean, Louis Vella, Honorary Consul General of Malta, proposed a toast to the graduates at the Vin d’Honneur. Speakers and State Department friends of the CCC joined the attendees for the celebration, as well. As the 2018 Consular Corps College Symposium drew to a close, and participants took leave to catch planes and trains back home, they all agreed that everyone had learned a lot; they had made many important connections, and they had solidified new friendships, too. All promised to be back next year for our 50th Anniversary Symposium, as well.■
Diplomatic Gala Dinner Transports Attendees to Finland THE 2018 SYMPOSIUM opened with a beautiful Diplomatic Gala Dinner in the exquisite Embassy of Finland. This iconic landmark on Washington’s Embassy Row stands across Massachusetts Avenue from the Vice President’s Mansion, yet it also sits deftly nestled into the woodlands of DC’s Rock Creek Park. The stunning event hall, displaying the very best of Finnish architecture and interior design ware, hinted at the exceptional Finnish experience our hosts, Her Excellency, Kirsti Kauppi, Ambassador of Finland to the United States, and Ms. Kirsi-Marja Sivén, Counselor, Head of Administration and Photo left: Dean Siri Frette Allsted Addresses Diplomatic Gala Attendees 18
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Descending the Stairs of the Finnish Embassy to Greet HE Kirsti Kauppi, Ambassador of Finland
Consular Affairs at the Embassy of Finland and CCC member, planned for the Symposium attendees and their guests that evening. While the Diplomatic Gala Dinner always opens the annual Symposium with a fun and glittering diplomatic event, its underlying purpose is to celebrate consular officers and the quiet, but critical work that they do year in and year out. This year’s Diplomatic Gala Dinner at the Embassy of Finland did all that, and more. Between the courses of delicious Finnish cuisine, guests heard from Ambassador Kauppi about the importance that she, as Ambassador, placed on her Honorary Consuls, underscoring what a great asset and benefit they are for Finland. Then, our surprise special guest from Helsinki, Ambassador Pasi Tuominen (pictured below), Director
General of Consular Services at the Finnish Ministry of Foreign Affairs, addressed the gathering, sharing his personal experiences and his great appreciation for consular officers and the consequential work that they do. Still later, after the CCC officially recognized His Forum© WINTER 2019
Excellency, Daniel Gutierez (pictured right), Ambassador of Belize to the United States, as our Leadership in the Promotion of Consular Affairs in the United States Awardee, Ambassador Gutierez delivered an impassioned speech about the importance of consular officers for Belize and how deeply he valued his network of career and honorary consuls across the US. Everyone present greatly appreciated the triple recognition of their work and of the great significance of consular officers, themselves. Consuls rarely have the opportunity to shine, so everyone truly appreciated that all three of the evening’s speakers recognized their consular officers and extolled their invaluable roles. However, our evening in Finland also included a very special musical interlude, as well. The Embassy treated the Gala attendees to a preview of the next day’s multi-media Sibelius concert, featuring two of Finland’s virtuosi, Jussi Makkonen, Cellist, and Nazig Azezian, Pianist (pictured below). As a video of evocative
Finnish landscapes covered the walls, Makkonen and Azezian filled the hall with music, playing two of Sibelius’ works, including Finlandia. The guests felt transported to Finland. The cold night air whistled through the dark silhouetted trees outside, while the attendees sat surrounded by warm wood and dancing candlelight, savoring delicate Finnish flavors, and drinking in the sights and sounds of Finland. It was an evening to remember!■ 19
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The CCC and 2018 Symposium Valuable Resources for Consular Officers By Kevin Casebier, Honorary Consul of Latvia in Atlanta, GA
EARLIER THIS YEAR, I received my acNational Association of Foreign Consular Officers creditation as the Latvian Honorary Consul in in the United States, brings consular officers toGeorgia. I am proud to represent the great nagether and serves as a valuable channel of information of Latvia, and it is an honor and privilege tion for consular affairs. I had the privilege to to be appointed as their Honorary Consul. In attend the 2018 Symposium held in Washington that role, I help build closer ties in business and DC and learned about promoting trade and inculture between the state of Georgia and Latvia. vestment and heard from officials of the State The work is exhilarating, and it has been inspirDepartment, the Commerce Department, the ing to see the engagement of the local Atlanta Office of Foreign Missions, FEMA and the Kevin Casebier Latvian community. Counterfeit Deterrence Laboratory of the Bureau During my short tenure, the Atlanta Latvia of Consular Affairs who shared policies, important updates Organization was formed, uniting Latvians living in the and instruction to improve our jobs as Consular officers. Atlanta metro area. The largest Latvian investment project The program included training sessions and presentain the US, Valmiera Glass, a fiberglass manufacturer, setions from senior Federal officials, which were partly held lected Georgia for its US headquarters. This decision in the George C Marshall State Dept. building in serves as a testament to the global competitiveness of Washington DC. This underscores the valuable relationLatvian companies and to Georgia-Latvia business coopship between the US State Department’s Bureau of eration. The $100 million initial investment brings 500 Consular Affairs and Office of Foreign Missions and the high skill jobs to Georgia. The Latvian-born startup, Consular Corps College. Networking sessions that inTheMonetizr, which helps game developers boost revcluded breakfast and lunch allowed us the chance to meet enues, chose Atlanta as its headquarters and was recently our fellow consuls and speakers, which fostered stimulatnamed among the top innovative technology companies ing discussions. The Symposium gave me a deeper underin Georgia. This truly has been an exciting time to be an standing of the role of an honorary consul and provided a Honorary Consul. level of training, access to Federal officials, and informaWhile these two important Latvian investments and tion that is not available on a local level. the creation of the Atlanta Latvia Organization represent The Consular Corps College is a worthwhile organian extraordinary beginning, I see them as the foundation zation with exceptional leadership that supports its memon which to build. As the Latvian Honorary Consul, I bers from skills development, networking, and being a wish to foster even deeper relations between our two source of best practices. Whether we are exploring trade countries, to continue encouraging investment, and to or cultural opportunities together, I know we have much promote mutual understanding and growth. I realize the to gain from one another. The Consular Corps College alvalue of creating people-to-people connections and work- lows us this opportunity on a national level. ing together with other countries. Our city and state ofIn the end, the greatest resource that our countries fers valuable resources to assist with my duties, as does the have to offer is our people, our ideas, and our ingenuity, Atlanta Consular Corps, which provides an excellent and I am grateful for the collaboration of my fellow conforum to share ideas, resources and knowledge. sular officers and for the hard work and effort of the There is one other invaluable resource, however, which Consular Corps College. I wish everyone the best this is national in scope and which will celebrate its 50th ancoming year. May 2019 bring new goals, new achieveniversary next year. The Consular Corps College, or the ments and new inspirations.■ 20
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Congratulations to the 2018 Symposium Class! The following members earned their Certificate in Consular Training: Sherman Banks, Honorary Consul of Ghana in Arkansas and the Delta Region and CCC Chancellor Krista Butydas Bard, Honorary Consul General of Lithuania in Philadelphia, PA and CCC Chancellor Dana Bucin, Honorary Consul of Romania in Connecticut Michael Carricarte, Honorary Consul of Belize in Colorado Leticia Castellanos, Honorary Consul of Belize in Chicago Kevin Casebier, Honorary Consul of Latvia in Georgia Nancy Gilbert, Honorary Consul of New Zealand in Florida Arlette Gomez, First Secretary, Head of Diaspora Desk, Embassy of Belize Alexis Gordon, International Business Manager and Chief of Protocol, Charlotte, NC Cynthia Gutierrez, Honorary Consul of Brazil in South Texas and CCC Chancellor Pia Helin, Counselor, Deputy Consul General, Consulate General of Finland in Los Angeles, CA Dale Ikeda, Honorary Consul of Japan in Fresno, CA Innocent Iwejuo, Consul of Nigeria in Atlanta, GA Romualda Klicius, Honorary Consul of Lithuania in Georgia Anna Law, Consul General of New Zealand, Embassy of New Zealand Peter Longstreth, Honorary Consul of Uruguay in Philadelphia, PA Kristiina Mattila, Honorary Consul of Finland in Philadelphia, PA Theo Neilly, Consul General of The Bahamas, Washington, DC Benaoyagha Okoyen, Consul General of Nigeria in New York, NY Mihai Popovici, Honorary Consul of Romania in Texas Susan Satkowski, Honorary Consul of Norway in Philadelphia, PA Kirsi-Marja SivĂŠn, Counselor, Head of Administration and Consular Affairs, Embassy of Finland
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Marthe Valle, Consular Officer, Embassy of Norway Todd Wiebusch, Honorary Consul of Finland in North Carolina The following members earned their Certificate in Advanced Consular Training: Siri Frette Allsted, Counselor, Head of Administration and Consular Affairs, Embassy of Norway and CCC Dean David Cutting, Honorary Consul of Barbados in Georgia Eivind Heiberg, Honorary Consul General of Norway in Minnesota and CCC Chancellor David Robinson, Honorary Consul of Japan in North Carolina The following members earned their Certificate in Continuing Advanced Consular Training: Kathleen Blakely, Honorary Consul General of Japan in Nevada and CCC Chancellor Ingrida Bublys, Honorary Consul General of Lithuania in Ohio and CCC Chancellor Matthias Eggertsson, Honorary Consul of Iceland in Florida Edward Fanucchi, Honorary Vice Consul of Italy, Emeritus, in Fresno, CA and CCC Chancellor Marit Lee Kucera, Honorary Consul of the Czech Republic in Minnesota Edward Paul, Honorary Consul of Belize in North Carolina and CCC Chancellor Oliver Schooling, Consular Advisor, Embassy of New Zealand Deanna Tryon, Chief of Protocol, Silicon Valley Office of Protocol and CCC Chancellor Louis Vella, Honorary Consul General of Malta in California and Acting CCC Vice Dean
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fema spotlight
Disaster Assistance for Foreign Nationals in the U.S. Jacob Vawter FEMA INTERNATIONAL RELATIONS SPECIALIST
WHEN DISASTER STRIKES IN THE UNITED STATES, non-citizens, whether tourists, temporary residents, or permanent residents, can be caught in the aftermath. Non-citizens may be eligible for some disaster assistance resources provided by the Federal Emergency Management Agency (FEMA). Many foreign nationals may be unaware of these resources, or reluctant to access them. BUILDING YOUR FEMA depends on our partners in the INDIVIDUAL KNOWLEDGE diplomatic and consular community to ensure AND SKILLS AND PUTTING that information about resources and other THEM INTO PRACTICE ARE important emergency preparedness information is communicated to foreign THE FIRST, MOST nationals in the United States. FUNDAMENTAL ASPECTS FEMA’s mission is to help people before, OF EMERGENCY during, and after disasters. Following the PREPAREDNESS. unprecedented 2017 hurricane and wildfire seasons, FEMA is implementing a new Strategic Plan that incorporates the lessons we learned from those and other disasters. FEMA’s three strategic goals for 2018-2022 are to: 1) build a culture of preparedness in the United States; 2) ready the Nation for catastrophic disasters; and 3) reduce the complexity of our Agency. We are calling on the Nation – including our non-citizen residents – to join us in creating a more prepared and resilient society in the United States. Emergency Management Starts with YOU FEMA uses the term “whole community” to refer to the constellation of actors who each have responsibilities in emergency management. The whole community concept emphasizes that everyone has role to play in disaster preparedness. It all starts with YOU, the individual. In an emergency situation, you are the help until help arrives. Taking the time to learn basic emergency skills could save the life of a friend or family member in crisis. You have the power to mitigate your own suffering in the event of a disaster. Keeping an emergency fund and buying adequate insurance can help avoid a long, painful financial recovery. FEMA provides freely accessible resources and training on these and other topics at www.ready.gov. Building your individual knowledge and skills and putting them into practice are the first, most fundamental aspects of emergency preparedness.
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Prepared individuals are the bedrock FEMA does not provide monetary of a resilient society. Built upon that assistance for losses that are covered by PREPARED foundation, however, exists an array of insurance. Insurance payouts are typically INDIVIDUALS ARE THE partners and stakeholders who contribute much larger than FEMA monetary assistance. BEDROCK OF A to resilience emergency preparedness. The maximum monetary award that FEMA The whole community of emergency can provide to a single household is $33,000, RESILIENT SOCIETY. management encompasses the following with average award amounts typically being partners, among others: much smaller. • individuals • local police, fire, and emergency medical services Foreign National Eligibility for Disaster Assistance • businesses of all sizes Foreign nationals affected by a disaster, regardless of • local government citizenship status, are eligible for certain non-cash • embassies and consulates services supported by FEMA after a presidentially• houses of worship declared disaster. Foreign nationals can expect access to • nonprofit organizations lifesaving and life-sustaining care after a disaster, • state, tribal, and territorial governments including: • the federal government • search and rescue • emergency shelter access How FEMA Responds After a Disaster • food and water Under the United States Constitution, state and local • basic first aid governments bear the primary government responsibility • mass evacuations for emergency management. Consequently, most U.S. Many of these services, when provided immediately disasters (think house fires or seasonal flooding) do not after a disaster, are implemented by nonprofit involve FEMA because they are managed by local or organizations like the American Red Cross, but funded state authorities. When the President issues a disaster partially by FEMA. While you may not see many declaration, FEMA may be authorized to provide FEMA employees at a shelter or food tent, there’s a good funding to eligible individuals, households, and public chance that FEMA is paying for much of the operation. institutions affected by the disaster. The President may Additional non-cash services for which disastermake a declaration unilaterally, but most presidential affected foreign nationals are eligible include: declarations are issued at the request of a state governor • Family Reunification Services, including: or tribal executive. - National Emergency Family Registry and Locator After the President issues a disaster declaration, System (1-800-588-9822 or FEMA supports the state governor or tribal executive’s egateway.fema.gov/inter/nefrls/home.htm) – available only when activated priorities by providing capabilities, assets, and resources - National Emergency Child Locator Center to aid in response and recovery. This process is detailed (1-877-908-9570) – available only when activated in a set of publicly-available documents known as the - Unaccompanied Minors Registry National Planning Frameworks. FEMA coordinates (1-800-843-5678 or umr.missingkids.org) inputs from across the Federal government to help save - American Red Cross Safe & Well lives and property. (https://safeandwell.communityos.org/cms/) Together with the impacted state or tribal partner, • Crisis Counseling Program – A partnership FEMA will establish a center called a Joint Field Office between FEMA and the U.S. Department of to manage response coordination in the field. In Health and Human Services (HHS), this program addition, local Disaster Recovery Centers will be set up where individual disaster survivors can apply for federal monetary assistance and obtain valuable information. CONTINUED ON PAGE 24
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funds locally-based counseling programs that may be set up following a presidentially-declared major disaster. • Disaster Legal Services – During presidentiallydeclared major disasters, a toll-free legal hotline will be established in partnership with the American Bar Association (ABA). Services are limited in scope and generally include such matters as help with insurance claims or medical bills, home repair contracts, or the re-drafting of lost legal documents. More information and a list of active hotlines may be found on the ABA’s website at www.americanbar.org/disaster. • Disaster Distress Helpline – The HHS Substance Abuse and Mental Health Services Administration maintains a 24/7 disaster distress hotline for people experiencing emotional distress related to any natural or manmade disaster. The service is toll-free, confidential, and available in more than 100 languages. Trained crisis counselors are available at 1800-985-5990 or by texting TalkWithUs to 66746. For more information, visit www.samhsa.gov/findhelp/disaster-distress-helpline. • Disaster Supplemental Nutrition Assistance Program – This program is administered by the U.S. Department of Agriculture (USDA), and additional USDA non-citizen eligibility requirements apply. Also known as “disaster food stamps,” the program provides food assistance to low-income households with food loss or damage caused by a natural disaster. • Disaster Case Management Program – When activated, survivors may be connected with a case manager on a time-limited basis to help survivors develop and carry out a Disaster Recovery Plan. • Support for household pets, service, and assistance animals. The above emergency assistance programs are usually implemented by non-FEMA personnel from a nonprofit or other government agency, with FEMA funding. Most monetary assistance from FEMA is only available to U.S. citizens. However, noncitizen nationals and qualified aliens affected by disasters may be eligible to receive federal monetary assistance. 24
“Qualified aliens” include: • Legal permanent residents (“green card” holders) • An asylee, refugee, or an alien whose deportation is being withheld • Aliens paroled into the U.S. for at least one year • Aliens granted conditional entry (per law in effect prior to April 1, 1980) • Cuban entrants • Haitian entrants (until January 18, 2019). • Aliens in the U.S. who have been abused, subject to battery or extreme cruelty by a spouse or other family/household member, or have been a victim of a severe form of human trafficking • Aliens whose children have been abused and alien children whose parent has been abused who fit certain criteria Those who meet the above criteria and desire to apply for federal monetary assistance after a presidentially-declared disaster should visit www.disasterassistance.gov or call 1-800-621-3362. The window for applying is 18 months following the disaster declaration date, subject to extension. Only one member of a household needs to be a U.S. citizen, noncitizen national, or qualified alien for the entire household to be eligible to receive financial assistance. For example, noncitizen parents may apply for aid if there are one or more children in the household who are eligible. Undocumented immigrants from a household with no one eligible for cash assistance from FEMA may still be eligible for programs run by state, local or voluntary agencies. A Call to Partnership FEMA Administrator Brock Long has called upon all partners in the United States to take up the call of emergency management. The consular community is a key partner in helping non-U.S. citizens understand what they can do before, during and after a disaster. Disaster preparedness begins at the individual level. Individuals, regardless of citizenship status, are the first line of defense against disasters. Do you know how to administer first aid? Do you know how to operate a fire extinguisher? Do you know, specifically, what your disaster insurance will cover? Forum© WINTER 2019
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Before, during, and after a crisis, there are actions that you can take to mitigate the impact of a disaster. FEMA provides many resources to help you take the first step. They include: • www.ready.gov | Clearinghouse for all-hazards emergency preparedness, complete with resources, online training, and opportunities for action. Available in English and Spanish. • training.fema.gov | FEMA’s training homepage. Includes online independent study courses available free of charge. • www.floodsmart.gov | Website of the National Flood Insurance Program, offering information and
resources on how to understand your flood risk, and how buy insurance to protect your home or business. 2017 demonstrated that disaster risk in the United States is real and growing. By improving awareness of resources and empowering people before, during, and after disasters, we can drive down disaster risk and improve outcomes for disaster survivors.■
INDIVIDUALS, REGARDLESS OF CITIZENSHIP STATUS, ARE THE FIRST LINE OF DEFENSE AGAINST DISASTERS.
FEMA Vietnamese interpreter Lac Ha and FEMA recovery field worker Lianna BatesHall in Rockport, Texas prepare to serve survivors after Hurricane Harvey. | Image Credit: Christopher Mardorf / FEMA
Ready.gov is the U.S. Government’s onestop shop for personal preparedness resources. | Source: Ready.gov
FEMA Disaster Recovery Center staff in Aurora, Colorado in 2013. These centers are where those affected by a presidentiallydeclared disaster can apply for assistance from the Federal Government. | Image Credit: Michael Rieger/FEMA https://www.fema.gov/media library/assets/images/84699 Forum© WINTER 2019
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local consular corp
Minnesota Consular Corps THE 800 FOREIGN-OWNED THE MINNESOTA CONSULAR Fortune 500 companies residing here. CORPS (hereafter referred to as Minnesota brands have a global reach, with BUSINESSES HERE ARE MNCC) is founded as “a unique society more than 8,600 Minnesota businesses LOCATED STATEWIDE, of individuals selected and appointed by exporting an estimated $30 billion in REPRESENT MORE THAN 35 countries from around the world to be products and services to more than 200 COUNTIES, AND EMPLOY their official representatives in foreign countries. The 800 foreign-owned OVER 110,000 PEOPLE. Minnesota and surrounding areas of businesses here are located statewide, jurisdiction.” represent more than 35 counties, and The exact founding date of the employ over 110,000 people. MNCC is unclear, but the presence of consuls in Our Minnesota consuls work very closely with the Minnesota dates back to the late 1800s, an era when Minnesota Trade Office (the official state agency many new immigrants and settlers were arriving from charged with international relations) and with many distant lands to build new communities and in search of local and foreign chambers of commerce. Recently, for fresh opportunities. example, a collaborative consular and chamber group Today, the MNCC has the privilege of serving in a representing countries within the European Union in globally-minded state with a broad international reach in Minnesota hosted representatives from all American areas of trade and commerce. The Twin Cities rank first Chambers of Commerce in European countries in a two among the 30 largest metropolitan areas nationwide in day import-export and trade seminar. Minnesota Fortune 500 companies per 1 million people, with 19 consuls supported efforts by the City of Saint Paul in
Members of the Minnesota Consular Corps at the State House
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Local Consular corp
hosting a sustainability businesses, agencies and seminar on Smart Cities NGO’s in this dynamic and together with Nordic culturally diverse state. partners, which was Minnesota also has long followed by a study tour of been a welcoming state that Denmark and Sweden. helps New Americans The presence in who’ve been displaced to Minneapolis of one of our find a pathway for a strong country’s Federal Reserve start to new lives in our Banks has meant regular communities through such visits from foreign organizations as the delegations seeking International Institute of discussions on international Minnesota. The more finance and monetary recent influx into the state policies, which often means of a rapidly expanding the participation of a Minnesota Consular Corps Officers Welcome Swedish Ambassador, Karin population of refugees and Olofsdotter (L to R): Marc Al, Honorary Consul Netherlands & MNCC relevant MNCC member. immigrants from Treasurer, Barbara Müller, Honorary Consul Germany & MNCC Secretary, Other MNCC-relevant throughout the world, Bruce Karstadt, Honorary Consul Sweden & MNCC President, observations about especially Somalia, Ambassador Karin Olofsdotter, Teresa Olson, Honorary Consul Chile & MNCC Vice President, and Britt de Lange Ardakani, Minnesota’s global Ecuador, Liberia and Honorary Vice Consul Norway & Outgoing MNCC President mindedness: Minnesota Mexico, has resulted in new serves as the international consulates being established headquarters for the Center to serve their needs and to for Victims of Torture and interface with local the American Refugee authorities. Committee. Since 1961, Consular activity within the St. Paul based World the state of Minnesota also Press Institute has extends into the sponsored a fellowship educational and cultural program for more than 600 sector. The Minneapolisjournalists representing 100 St. Paul metro area ranks countries to journey across 18th out of 118 metro areas the United States in a in terms of the size of our program that strengthens foreign student population, best practices and promotes a cohort who frequently founding principles of our draw upon support and Members of the MNCC listening to featured speaker Hans Kundnani, democracy. Global help from local consulates. Senior Transatlantic Fellow at the German Marshall Fund Minnesota is one of the top Recently our MNCC, led of the United States, Fall, 2017 World Affairs Councils of by Honorary Consul for America, and regularly South Africa, Judge LaJune collaborates with consuls through programs and yearLange, was deeply engaged with activities that honored long initiatives that engage the community in the the 100th anniversary of Nelson Mandela’s birth, international sphere. You will find many members of including participation by many community members the MNCC actively engaged (as partners, trustees or collaborators) in these and many other globally-focused CONTINUED ON PAGE 28
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local consular corp CONTINUED FROM PAGE 27
in a concert and educational tour of South Africa by the 100-plus musicians of the Minnesota Orchestra, under the leadership of Maestro Osmo Vänskä. The MNCC works closely with the University of Minnesota’s Humphrey School of Public Affairs, which recently hosted a seminar and discussion with scholars and Swedish Ambassador Karin Olofsdotter on a wideranging conversation on current political affairs, with a particular emphasis upon the implications of Sweden’s feminist foreign policy. Ambassador Olofsdotter also spoke at an MNCC luncheon during her visit to Minnesota. At present, thirty-three countries are represented within the active membership of MNCC. Three countries (Mexico, Canada and Ecuador) are represented by consuls with career status and the remainder are served by honorary consuls. The MNCC has a fairly traditional governance
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structure. Elected officers consist of a President, VicePresident, Secretary and Treasurer, with the Past President and Dean serving in ex officio capacities. Terms of office are for two years. Currently, Bruce Karstadt, Honorary Consul General for Sweden, serves as President, having succeeded Britt de Lange Ardakani, Honorary Consul for Norway, in June 2018. Gerardo Guerrero Gómez, Consul of Mexico, is the Dean of the Corps. Other officers are Teresa Olson (Chile), Marc Al (Netherlands) and Barbara Müller (Germany). Meetings of the MNCC are held at least 4-5 times annually, with an additional holiday or summer social gathering. Usually these meetings are organized as luncheons with guest speakers drawn from the local community, or that feature visiting dignitaries from other countries. MNCC luncheons are often held in collaboration with local organizations, such as a recent talk by the President of Finland Sauli Niinistö before an audience of MNCC members and the Economic Club of Minnesota. Other gatherings of the MNCC are often based upon important signature events within the Corps membership. For example, the Czech American community is marking its 100th anniversary of the sovereign state of Czechoslovakia in 2018, and many of its events have been well-attended by MNCC members through the courtesy of the offices of the Honorary Consul for the Czech Republic, Marit Kucera. National day events offer annual opportunities for the MNCC members to join with members of the community in important civic celebrations for various international events, such as Mexican Independence Day. Many MNCC members represent countries with sister cities relationships in the state of Minnesota, which often result in collaborative efforts that uplift the value and importance of these citizen-to-citizen relationships. An important event occurred in 2015 when Sister Cities International held its annual conference in Minneapolis, which drew upon the contributions of many MNCC members in the organizing and hosting committees. For more information about the Minnesota Consular Corps, please write its President, HCG Bruce Karstadt at Minneapolis@consulateofsweden.org.■ Forum© WINTER 2019
getting to know our members We are pleased to continue with our new Getting to Know Our Members section of the Consular|Diplomatic Forum, in which we bring you the faces and brief bios of both longtime and brand-new members from around the States, representing different corners of the world.
Gayle Anderson Chief of Protocol, Nevada Consular Corps International Protocol Officer | City of Las Vegas Consular Corps College Chancellor By Kathleen Blakely, Honorary Consul General of Japan in Nevada, and Consular Corps Chancellor GAYLE M. ANDERSON is one of the origfor the local Children’s Museum. Robert schedinal Chancellors for the Consular Corps College uled all the vacation activities, including a roand has over 28 years of experience promoting mantic picnic along the Thames. It was during international diplomatic exchange and commuthat picnic when they were passed by members nication in both Nevada and California. Gayle of the Queen’s equestrian Royal Guard – the is currently employed as the International uniforms and the beautiful horses were straight Protocol Officer for the City of Las Vegas, out of a fairy tale and Gayle was enchanted. Nevada and is the Founder and Chief of Robert asked for a tour of the Royal stable and Protocol for the Nevada Consular Corps. after the tour, they were invited to attend a gradGayle also finds time for community uation ceremony for members of the Guard. That Gayle Anderson service, by serving on the boards or actively chance meeting led to Gayle and Robert building managing events for several non-profit organizations, a friendship and issuing an invitation to the Guard to visit including the Nevada International Women’s Forum, their California home should they travel to the United Japan America Society of Nevada, Nevada India States. One Guard and his wife were able to schedule their Association, Canada-Nevada Coalition (to promote vacation and in May, were settled in as houseguests at bilateral business exchange), Nevada Ballet Theater and Gayle and Robert’s home. Gayle immediately went into the Las Vegas Philharmonic. “fundraising mode” and scheduled a party in the Guard’s I’ve known Gayle for many years, but our honor, inviting the Mayor of the City of Orange, plus conversation one weekend revealed many layers to a guests who were active in the community, numbering over woman who has accomplished so much, professionally 60 people at Gayle’s home! Five of the seven Supervisors and personally. I asked Gayle what brought her into the attended, and the Mayor gave a Key to the City to the rarified atmosphere of international protocol and she Guard. As one of the guests at the party, the Chairman of laughed and said she was “blessed” and that this calling the Board of Orange County Supervisor was so impressed found her! I asked her to explain and she told the story that he suggested Gayle’s appointment as President of the of her meeting with members of the Queen’s Guards Protocol Foundation, which served as an advisory board to and I began to understand her own wonder at the the Office of Protocol, Orange County. Shortly after this amazing paths her life has taken. appointment, Gayle was offered the position of Chief of It was March, and Gayle and her husband Robert had Protocol for Orange County. After graduation from the recently returned home after a Christmas holiday visit to Leticia Baldridge School of Protocol and Business, Gayle her family in Norway, when Robert saw an ad in the news- began her professional career in diplomacy, serving four paper for special fares to London. Robert convinced her to go, saying she needed a break from her fundraising work CONTINUED ON PAGE 30
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years as Chief of Protocol for Orange County. If that wasn’t a Cinderella experience, what is? Four years later, Gayle and Robert moved to Nevada as Robert pursued his business in Las Vegas. Gayle continued her career in diplomacy by meeting with then Governor Bob Miller and volunteering for three months in the Office of Economic Development. Gayle continued to do what she did best, bringing people together, enhancing business exchange between Nevada and other countries and promoting economic development to benefit the State of Nevada. This resulted in the formation of the State of Nevada’s first Office of Diplomatic Relations and Protocol, with Gayle serving as Chief for the next 15 years.
Other highlights of Gayle’s career include assisting the US Department of State and working with the Secret Service, FBI and various foreign consulates in preparation for the arrival of heads of state and welcoming dignitaries to President Richard Nixon’s funeral. During her career some of the most memorable meetings Gayle experienced were with their Royal Highnesses, the Queen of England, the King of Sweden, the Emperor and Empress of Japan, the Prime Minister of Australia, and presidents of Argentina, Cyprus, Paraguay, South Africa and Uruguay. Gayle also personally hosted the First Ladies of Guatemala and Honduras. Gayle’s impressive career has positively impacted the diplomatic relations of Nevada and California and sets the standards for international communication and cooperation.■
James P . Sites Honorary Consul of Norway in Montana IN 1987, I was appointed in Billings as honorary consul for Norway for Montana. Norway has maintained a consular post in Billings for some time. A number of other countries have honorary consulates based elsewhere around Montana. There is not a formalized local consular corps, probably because of the distances involved between the various consuls of Montana. I have enjoyed membership in the Consular Corps College and applaud Dean Siri and Director General Kit Moss for the work they do at the national level. I was born in 1948 in Detroit and grew up in Oslo, Norway, and the United States. My mother came from a large family in Oslo. Her father, my grandfather, was the beloved opera singer, Erling Krogh. Every other year, a stipend in his honor is distributed by the Norwegian National Opera to an aspiring tenor. After studying at the University of Oslo and Peace Research Institute Oslo, I returned in 1969 to Washington, D.C., and began law studies at Georgetown University. My college thesis explored the political system in Norway and its multiple parties. After several years as an attorney with the U.S. Department of Justice, Tax 30
Division, I relocated in 1984 to private law practice in Billings, Montana. I was familiar with Montana from having worked as a seasonal park ranger for six summers during the 1970’s at Glacier National Park. The mainstay of the consulate in Montana during my tenure has been to represent the interest of Norwegian heirs in probate and transfers of property. These cases can present various challenges and it may become necessary to seek the guidance of the courts. Much like the Dakotas, Montana was a place that attracted Norwegian immigrants. Notably, many of the Norwegian honorary consuls in the Midwest are lawyers. My legal practice at the Crowley Fleck firm in Billings has involved tax, litigation and administrative law. Norwegian consuls work with the local lodges of the Sons of Norway, a fraternal and heritage organization, particularly on occasions when we have distinguished visitors. My consular work also has been greatly assisted by close relationships with fellow Norwegian consuls, particularly those in Seattle and Fargo, North Dakota. Some prominent Norwegians have been associated with Montana. Former Prime Minister Johan Forum© WINTER 2019
getting to know our members
Nygaardsvold worked for a stint as a young man in Western Montana. Footballer Jan Stenerud and opera singer Knut Skram attended Montana State University in Bozeman. Commentator and journalist Jahn Otto Johansen featured his travel through Montana in one of his many books. Dr. Svein Oksenholt taught Norwegian when it was offered at Montana State University in Billings. King Olav V, when he was the Crown Prince of Norway, and Crown Princess Märtha, made a memorable visit in 1939 to Montana and Glacier National Park. Pictures from his visit are housed in the Historical Society in Helena. It was a honor to be the recipient of the Royal Norwegian Order of Merit, Knight 1st Class, conferred by King Harald V. It has been a privilege for me to have served as consul for Norway for over 30 years, and to have engaged with the many dedicated public servants of the Norwegian Ministry of Foreign Affairs.■
DID YOU KNOW? CCC Introduces Another Membership Category In honor of its 50th Anniversary year, the Consular Corps College has moved to redefine membership to include all consuls in the United States, Puerto Rico, and Guam. As of January, 2019, anyone who is accredited by the US Department of State as either a career or honorary consular officer will enjoy immediate Basic Membership in the Consular Corps College and inclusion in our Membership Directory. Dues paying members, however, enjoy all of the benefits of Full Membership: access to all the information and resources on our website, the ability to attend the Annual Symposia and participate in the national webinars, subscription to our publication, the Consular|Diplomatic Forum, and referral help from the main office. Affinity (Consular Corps) members will continue have access to special resources designed for consular associations, plus the ability for their members to join the CCC as Full Members with Affinity Discount.
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the last word
Looking Forward to our 50th Anniversary Year 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. She is also the President of the Potomac Exchange, a membership organization that brings newly accredited ambassadors together with senior Washington officials from major global corporations. 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: kmoss@consularcorpscollege.org 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. 32
Every December, I look back and take stock of where the Consular Corps College was eleven months earlier, where it went over the succeeding months, and where it stands in the final days of the year. Some years have shown greater growth than others; some years have brought necessary restructuring. Still other years, like this one now coming to a close, can boast of innovative additions to the organization and its offerings. This December, however, we stand on the threshold of a major milestone – the th 50 Anniversary of the founding of the Consular Corps College. What a golden opportunity to reflect on how far the College has come over the last 49 years! When Walter Rigerer founded the CCC in 1969 to provide annual training for honorary consuls, he developed the Consular Corps College Convention, the precursor to our annual Symposium today. The training that the CCC offered its members at those conventions was groundbreaking and visionary. For many decades, the Consular Corps College Convention was the entire raison d’être for the CCC. While the importance of the training never waivered, however, 21st century realities challenged the ultimate viability of an organization built around a single annual conference. Yet, here we are, stronger and more vibrant than ever. As we close out the CCC’s first half a century, we can be truly proud that we have grown from that original single-focused organization to a multi-tracked institution that offers yearround information and guidance, webinars and chat boards, our professional publication, the Consular | Diplomatic Forum, a recognized certificate program, and high-level Symposia that our founders could only dream of. The upcoming 50th Anniversary Year will be an extraordinary one. We have already begun planning special programs and working on the 2019 Golden Anniversary Symposium, which will surpass all Symposia in content, as well as in special events. You won’t want to miss any of it. Those who are not yet members will want to know about it, as well. I encourage you to talk with your local colleagues, as well as with the other consular officers in your Sending Nation’s network and invite them to join us as we celebrate where we are and where we will go in our next 50 years and beyond! A Toast to Our Upcoming 50th Anniversary Year! Kindest regards,
Forum© WINTER 2019
The Consular Corps C Co ollege TH Siri Frette Allsted, Dean C l for Administrative Ad i i t ti andd Consul C lar Aff Counselor ffairs, Royal Norwegian Embassy atherin ine H. Moss, Dire rect ctor Generral Ka 240-543-9735 KMossCCCollege@gmail.com K
APPLICA CATION FOR FU ULL ME EMBER ERSHI HIP/R RENEWA WAL IN TH HE CON ONSUL ULAR AR CORP ORP PS COLLEGE GE For Year ar 2019 (Please print) Name:___ _______ _______ _______ _______ _____ __ _________________ ____________ ________ _____ __ ______ Title:__ ____ _________ _________ _________ _________ __________ _________ _________ _______________ __ _____ Country/Aff ffiliation:__ _____ ________ ________ ________ ________ ________ _________ _________ _____ __ _______ Address:___ _______ _______ ________ _______ _______ _______ _______ ________ _______ _______ ________ ___________ __________ __ ______________________________________ ___________________ ____________ City/State/Zip:__ ______ ________ ________ ________ ________ _______________ ________ _______ _______ __ ____ ______________ _______ ____ __ _______ Consulate/Business Phone:__________________________ Mobile Phone:__ ____ _______ _______ ________ _______ _______ _______ ________ _______________ ___________ __ E-mail:__ ______ ___________________________ __ _________ __ ___ ___________________ ____________ State Department ID # :____________________________________ ___ __ ____ (N Not fo foor publication) n) I am a member of the Consular Corps in:__ _______ ________ ________ ________ ________ ____ ______ __ ____ By checkin B h king this thi box, b I agree to t having h i my name, title, titl andd coontact inffoormation includeed in the Directoriess and Attendee Lists in the Members' Resource Secttion off the website and Syymposium materials. I understand that I may change this anytime by sen nding an email to the Direcctor General. By checkin ng this box, I acknowledge that the CCC may share photos off me on our webssite and in our publication ns. I may change my selection any time in the fu futurre by contacting the Directtor General. Kindly att ttach a ch heck fo for $125.00 for the annual Membership dues, ppayable to the Consular Coorps College, and send both in to 480 04 Enffiield Road, Bethesda, MD, 20814. You will rreceive a receipt fo for your m membership.
The Consular Corps C Co ollege TH Siri Frette Allsted, Dean C Counselor l for Administrative Ad i i t ti andd Consul C lar Aff ffairs, Royal Norwegian Embassy atherin ine H. Moss, Dire rect ctor Generral Ka 250-853-9738 KMossCCCollege@gmail.com K
APPLICA CATION FOR FU ULL ME EMBER ERSHI HIP/R RENEWA WAL IN TH HE CON ONSUL ULAR AR CORP ORP PS COLLEGE GE Witth hA Afff fffiinittyy C Coonssulla ar C Coorrpppss Beneffitss For Year ar 2019 (Please print) Name:___ _______ _______ _______ _______ _____ __ _________________ ____________ ________ _____ __ ______ Title:__ ____ _________ _________ ____________________________ ________________________ __ _____ Country/Aff ffiliation:__ _____ ________ ________ ________ ________ ________ _________ _________ _____ __ _______ Address:___ _______ _______ ________ _______ _______ _______ _______ ________ _______ _______ ________ ___________ __________ __ _________________________________________________________ ____________ City/State/Zip:__ ______ ________ ________ ________ ________ _______________ ________ _______ _______ __ ____ Consulate/Business Phone:________________________________________ _______ ____ __ _______ Mobile Phone:__ ____ _______ _______ ________ _______ _______ _______ ________ ______ __ __________ ___________ __ E-mail:__ ______ _______ _______ _______ _______ _______________ _ __ ___ ___________________ ____________ State Department ID # :____________________________________ ___ __ ____ (N Not fo foor publication) n) I am a member of the Afffinity Consular Corps in:__ ________ _________ _____________________ __ ___ By checking this box, I agree to having my name, title, and coontact inffoormation includeed in the Directories and Attendee Lists in the Members' Resource Secttion off the website and Syymposium materials. I understand that I may change this anytime by sennding an email to the Direcctor General. By checking this box, I acknowledge that the CCC may share photos off me on our webssite and in our publications. I may change my selection any time in the fu futurre by contacting the Directtor General. Kindly att ttach a check fo for $100.00 for the annual Membership dues, ppayable to the Consular Coorps College, and send both in to 5405 Enffiield Road, Road Bethesda, Bethesda MD, MD 20415. 20415 You will rreceive a receipt fo for your membership. m
Member Bulletin Board The Dean and Board of Chancellors welcome the Consular Corps Association of Philadelphia and the Consular Corps of Minnesota as Affinity Members of the CCC.
The Board of Ch ancellors welcom es our two newes Chancellors, elec t ted during the M embers’ Meetin 3Year Term: g for a thleen Congratulations to Ka nsul Blakely, Honorary Co vada General of Japan in Ne o was wh r, llo and CCC Chance e th elected Secretary by al members at the Annu on g tin Members’ Mee 15, 2018. Thursday, November
TH Sherman B anks, Honorary Consu l of Ghana in Arkan sas and the Delta Regio n TH Cynthia Gu tierrez, Honorary Consu l of Brazil in South Texas. Don Slesnick, H onorary Consu l of Australia in former CCC Ch Florida and ancellor, was re ce ntly renewed fo 5year term of r another service
HELP WANTED! The CCC had the following internship positions open, beginning January, 2019. Applicants need not be limited to the Washington, DC area, as all of the work may be done remotely: CCC Historian In recognition of our 50th Anniversary, the CCC is seeking an intern interested in going through the back files and writing up a history of the Consular Corps College, 1969 to 2019. Social Media Intern Seeking a responsible intern to keep the CCC social media up-to-date and interesting by posting and tweeting regularly. This person would be in regular contact with the Director General to discuss topics and share ideas. Data Input Intern The CCC is looking for an intern to help create a complete Excel spreadsheet of all consular officers in the US, to verify existing points of contact, and to make updates as necessary.
The Consular Corps College 4804 Enfield Road Bethesda, M.D., 20814
ADDRESS SERVICE REQUESTED
Consular Corps College www.consular-corps-college.org