re: "Consular Diplomacy"

Japansen at White Waters & Black ("Adventures in Diplomacy aka Life in the Foreign Service") shared some reflections on consular work as diplomacy.

Money quote(s):

"Working in the consular section isn’t the stereotypical image of diplomacy. Many times the work is characterized as drudgery, stamping 100s of visas in a mill in some backwater. Truth is, it’s pretty interesting work, or at least it can be depending on the post."

Much of Foreign Service life hinges upon just this phrase: "depending on the post." It's an awfully big world out there; working and living conditions may vary hugely from one diplomatic assignment to the next.

Japansen correctly labels the "stamplng 100s of visas in a mill in some backwater" image of consular work as stereotypical. To beat this drum just-one-more-time, if all you're doing is "stamping" then you're doing it wrong.

"You have to stay on your toes and think on your feet as you only have a few minutes to figure out if someone is a legitimate candidate, qualified for the visa, or if they aren’t.

But beyond the basic work of adjudicating visas, it is easy to overlook the real diplomatic work that goes on at the window. For a lot of people in the host country, the consular officer is the only American they’ve ever met and their first real interaction with our country. It is important to treat people with dignity, especially when they don’t qualify for a visa."

Japensen is correct, but leaves out an important factor. While each visa applicant must legitimately qualify for a particular category or type of visa, that same applicant must have no visa ineligibilities. This is not a mistake on Japansen's part, more just an angle of perspective; one can certainly think of "has no visa ineligibilities" as being one of the qualifications of a legitimate visa candidate.

That being said, simple politeness and courtesy can go a long way in consular diplomacy. In many places, the average person is simply un-used to interactions with government officials who are polite, courteous, and efficient. That by itself makes a powerful first impression for someone who has never met an American government official before.

"While I see between 40 and 60 people a day, they only see one American and its important that they leave with a good impression that they had my full attention, concern, and consideration."

Forty to sixty non-immigrant visa applicants is a moderately light workload and certainly not in the "visa mill" range of 100+.

This allows a bit more time and consideration per each applicant, which can cut to either their advantage or disadvantage.

"Some countries are part of the visa waiver program and they don’t have to apply for simple visitors visas; they get one automatically at the border when they enter. Japan is like this, for example. You can just show up and get in for 90 days (and the same goes for the Japanese coming to America. But there’s only a handful of countries in this program and it only applies for basic tourist visas; everyone else has to come to the embassy and apply."

Travelers from visa waiver countries have to complete an online form called ESTA (Electronic System for Travel Authorization) in advance of their travel. And while this used to be fee-less, it's now seen as a cash cow for the travel advertising industry.

(I kid you not. Visa waiver travelers are being fleeced in order to pay for advertisements to encourage tourism to the U.S.)

"I take a lot of pride in being able to professionally and politely explain to people who don’t qualify for for visas why they have been denied. It’s important that they feel that they were treated fairly and with respect. It’s common sense and common courtesy, really, and I don’t mean to make it out to be more than it is."

This is an important skill. Saying "no" in a firm manner which does not insult or inflame the visa applicant while making it clear that the decision is final.

Explaining how to do this always reminds me of the definition of "Irish Diplomacy;" to wit:

"the ability to tell a man to go to hell so that he looks forward to making the trip."

"It might be my only time working in a consular section (every new Foreign Service officer does it for one of their first two tours; Consular officers do it as their mainstay) and I’m getting the most out of it. I get to meet a lot of people, get to grant a lot of joy and happiness, and have to be considerate when that joy and happiness isn’t forthcoming. You hear a lot of stories too, some of which are pretty amusing. And fundamentally, it’s important work."

8/24

ID - VWP: Further Guidance and Talking Points on Ending the E-Passport Exemption for Emergency and Temporary Passports

From my archive of press clippings:

Immigration Daily

VWP: Further Guidance and Talking Points on Ending the E-Passport Exemption for Emergency and Temporary Passports

Reference Document: STATE 058117, 06/09

TO ALL DIPLOMATIC AND CONSULAR POSTS

1. Summary. This cable was coordinated with DHS. Reftel A announced the end of the validity of non-electronic emergency and temporary passports for travel under the Visa Waiver Program (VWP). Paragraph 2 gives talking points regarding VWP-compliant passport requirements for use with host governments. The Department will forward via email a copy of the CBP information sheet for travelers to all VWP posts and any other posts that request them. End Summary.

2. Talking Points for use with Host Governments of pre-2008 VWP countries (NOTE: Nationals of countries admitted to the VWP in 2008 have been required since their admission to travel on e-passports, regardless of the passport type - regular, emergency, or temporary):
-- The various laws governing the Visa Waiver Program (VWP) require that travel to the United States under the VWP must be with an electronic passport (e-passport) if that passport was issued on/after October 26, 2006.

-- The law does not provide an exception for temporary and emergency passports. Therefore, effective July 1, 2009, all emergency or temporary passports must be e-Passports to be eligible for travel to the United States, including transit through the United States, under the VWP.

-- The USG does not wish to inhibit legitimate emergency travel for those who are not able to acquire an e-passport before their travel.
-- Travelers who must travel on non-electronic emergency or temporary passports should make every attempt to obtain a U.S. Visa. U.S. Embassies and Consulates will accommodate emergency visa applications to the extent possible.

-- Customs and Border Protection (CBP) officers at U.S. ports of entry have the authority to grant discretionary waivers of the e-passport requirement to those VWP travelers who are determined to be otherwise admissible and who truly are traveling in emergency circumstances or are legitimately unable to obtain an electronic passport or a U.S. visa.

-- CBP also intends to exercise discretion with respect to any fines levied on air carriers for boarding travelers with non-electronic emergency or temporary passports. Guidance to this effect has already been sent to the air carriers by CBP.

-- Emergency or temporary passports that are e-passports will not be affected.

-- Any passport -- emergency, temporary, or regular -- issued before October 26, 2006, by a country that had joined the VWP before 2008 must meet the VWP passport requirements in place at the time the passport was issued. Those requirements are not affected by this change. See travel.state.gov or www.cbp.gov for the requirements.

-- Travelers already in the United States on July 1, 2009, on a non-electronic emergency or temporary passport will not face any difficulties departing the country.

3. Please contact [redacted] CA/FO/F/P, if you have further questions.

re: "Autopsy of the Effort to Expand Membership in the Visa Waiver Program"

NoDoubleStandards at Calling a Spade a Spade ("Rants of a Foreign Service Officer on the things that matter to you -- and matter to you not at all") shared some analysis.

Money quote(s):

"The 9/11 Act fundamentally changed (at least temporarily) the philosophy underpinning VWP. Prior to the passage of the law, VWP was a fairly effective tool facilitating travel of citizens from countries deemed low risk as sources of illegal immigration for economic reasons. The 9/11 Act made security the paramount concern. The Bush administration pushed the idea that citizens of countries who had been allies in the "War on Terror" who do not pose a threat to our national security should be allowed to travel visa-free to the U.S."

re: "The Heritage Foundation Urges Continued Expansion of VWP"

NoDoubleStandard at Calling a Spade a Spade ("Rants of a Foreign Service Officer on the things that matter to you -- and matter to you not at all") examined some of the visa waiver program's weaknesses.

Money quote(s):

"(A)t VWP's inception in 1986, the focus was on facilitating travel for citizens of countries posing a low risk of overstay. Because French citizens, for instance, weren't likely to remain the U.S. as illegal workers, it didn't make any sense to make them apply for visas. It's a waste of resources to process visa applications, when the refusal rate is next to zero.

The initial focus wasn't security."

"The program is now tighter, because measures were taken to make abuse of VWP more difficult. Let's face it; if the primary concern is thwarting terrorist and criminal travel, it's far more effective to abolish the program and interview everyone. Does that mean VWP should be shut down? Of course not. As the report states, "security, freedom and prosperity" have to be balanced."

&

"Further expansion of VWP, however, will require a renewal of DHS's ability to grant refusal-rate waivers for countries above the 3% cutoff, so that countries under 10% could still conceivably enter the program after June 30, 2009.

My take?

Bad idea."

Read the whole thing.

TW - Full implementation of ESTA delayed

Travel Weekly

Full implementation of ESTA delayed

(20 May 2009)

Full implementation of the US Customs and Border Protection ESTA Visa Waiver Programme has been delayed by up to a year to allow airlines and the public more time to comply with the scheme.

Read the whole article here.

Snippet(s):

"The flagship security project - the Electronic System for Travel Authorisation (ESTA) - is an online version of the I-94 Green Card, which is currently completed by passengers on inbound flights.

ESTA went live in January as planned, but all travellers from the 35 visa waiver countries are still required to fill in the I-94 for the time being."

_____


By Matthew Hampton reporting from Pow Wow in Miami

R - U.S. consul in Bucharest, reluctant in proposing deadline to eliminate visas for Romania

Realitatea

U.S. consul in Bucharest, reluctant in proposing deadline to eliminate visas for Romania

Luni, 18 Mai 2009 18:59

Ultimul update: 18 Mai 2009 19:00


The recent visit of the Romanian foreign minister in the U.S. reopened talks on lifting visas for Romanians. Minister Cristian Diaconescu was optimistic about including Romania in the Visa Waiver program, stressing the only impediment is the high refusal rate. Diaconescu gave as a deadline to let go of visas by yearend.

Read the whole article here.

re: "The Consular Section -- An Underutilized Goldmine"

No Double Standards at Calling a Spade a Spade ("Rants of a Foreign Service Officer on the things that matter to you -- and matter to you not at all") makes a few points here that most U.S. consular officers would consider obvious, which doesn't make them any less valid.

Money quote(s):

"Unless you work in a visa waiver country, your consular section sees the most rich, the most diverse cross-section of your host country's population. If anyone traveling to the USA needs a visa, you'll see everyone from farmers to pop singers to parliamentarians at the visa window. In my relatively modest experience, this is a tremendously underutilized resource. I've made it a practice to reach out to the other sections of our embassy to ask what they're looking for."

NDS follows that with some practical suggestions about how to leverage that face-to-face advantage.

And it's actually still somewhat true even in the visa waiver countries.

Moving on:

"In many embassies, the measure of the success of the consular section is the degree to which the Front Office receives inquiries on visa refusals. No news is good news. "

Within a consular section, if we don't get a complaint at least once a week about a visa decision not going the way an applicant wanted, then the adjudicators aren't doing their jobs.

Not about how they treated the applicants mind you, just that they were told "no."

Every visa refusal is reviewed by a more-senior consular officer, as well as a percentage of the visa issuances.

But every applicant should be treated politely, with courtesy and respect. Even if the answer is "no," that unwelcome news can still be delivered in a way that doesn't disrespect the unsuccessful applicant.

This generally works better than 90 percent of the time. I've heard and seen feedback from unsuccessful applicants actually thanking us for giving them a fair shot.

Still, it's not going to help with some particularly difficult folks, who incorrectly believe themselves entitled, but what can you do? You can't please everyone, after all.

&

"(N)o section does more to project a positive image of the United States than the consular section. Whether an applicant is issued or refused, every single applicant should walk out of an interview feeling that they were treated fairly, with respect, and were judged in accordance with the law. In the country in which I currently work, rule of law is a big problem. The visa application experience, which is strictly governed by law, is educational. You can't pay anyone off or talk someone into adjudicating in contravention to the law (well-documented instances of corruption aside -- which, incidentally, are harshly prosecuted). That stands in stark contrast how things "really work" here."

This is so very true. Even in certain countries where the officialdom is historically incorruptible, they may have a reputation for, shall we say, unhaste, or even a certain imperiousness in their dealings with ordinary citizens. Visualize your worst-ever DMV experience and multiply that by every transaction you've ever had with public servants, plus some more for those countries where things like public utilities (phone, power, water) are actually part of the national government.

So even posts with long lines of visa applicants can improve America's image just by making sure the people in them are moved through the process efficiently, politely, and above all humanely. It really does pay dividends.

The point about rule of law is dead-on. Some applicants will be outright dumbfounded that you don't have your hand out to them for a little something.

Let me close with an admonition I learned in Iraq: "Be polite, be courteous and respectful, and have a plan to kill everyone you meet."

Since the worst thing we generally do is say "no," the rest of that should be pretty simple.

TST - Taiwan welcomes visa waiver

From my archive of press clippings:

The Straits Times

Taiwan welcomes visa waiver

Feb 10, 2009

TAIPEI - TAIWAN'S government on Tuesday welcomed Britain's announcement that it will waive visas for its citizens, saying the move will help promote bilateral ties and tourism.

Read the whole article here.

Snippet(s):

"The British government announced on Monday that starting March 3, Taiwanese people will no longer be required to apply for visas if they are staying in Britain for less than six months and will not be working there."

ST - Visa waiver program not affected by federal regs freeze

From my archive of press clippings:

Saipan Tribune

Visa waiver program not affected by federal regs freeze

Friday, January 23, 2009

By Kristi Eaton Reporter

Regulations relating to the impending federalization law, including the Guam-CNMI visa waiver program, will not be affected by President Barack Obama's decision to freeze all pending federal regulations until further review, several government officials said yesterday.

Read the whole article here.

LDMG - US gets tough on Visa

From my archive of press clippings:

Le Défi Media Group

US gets tough on Visa

By News On Sunday

Published 16th January, 2009

From January 12, 2009, all nationals and citizens of Visa Waiver Program (VWP) countries will be required by law to obtain a travel authorisation prior to initiating travel to the United States under the VWP.

Read the whole article here.

Snippet(s):

"This authorisation may be obtained on line through the Electronic System for Travel Authorization (ESTA™), a free Internet application administered by the Department of Homeland Security (DHS) through a U.S. government Web site.

DHS does not charge VWP travellers a fee for completion of an ESTA™ application.

Eligible visitors seeking to travel to the United States under the VWP may apply for travel authorisation via the ESTA™ Web site at https://esta.cbp.dhs.gov."

PNC - New Visa Waiver Rules Posted On "www.regulations.gov" Website

From my archive of press clippings:

Pacific News Center

New Visa Waiver Rules Posted On "www.regulations.gov" Website

Written by Kevin Kerrigan Wednesday, 14 January 2009 13:59
Guam

Guam - The new Guam-CNMI Visa Waiver regulations are now up on the regulations.gov website, where all federal rules and regulations are posted.


Read the new Visa Waiver regulations


The entry, at first, looks much like the notice filed last November that caused a flurry of worry over the possible rejection of the China-Russia Visa waiver program.
However there are significant changes.

Read the whole article here.

Snippet(s):

"The notice points out that Guam's current Visa waiver program, which grants a 15 day visa-free stay for visitors from eligable countries, will soon be superseded by the new Joint Guam-CNMI Visa Waiver program. That takes effect June 1st, at the same time that the CNMI Federalization law goes into force.

The new Joint Guam-CNMI Visa waiver program will expand the current 15 day visa-free stay to a 45 day stay without a visa for all countries currently eligable under the Guam-only visa waiver program. That includes Hong Kong and other countries. The Department of Homeland Security has 180 days or six months (June 1st) to put into effect these new regulations."

ARN - Planning to travel outside the U.S.? Know the laws first

From my archive of press clippings:

Abiline Reporter News

Planning to travel outside the U.S.? Know the laws first

Saturday, July 12, 2008

Michelle Richart

Summer is a time of fun and vacation. Are you planning on traveling internationally?

Read the whole article here.

Snippet(s):

"A passport is required for travel outside of the United States, even if you are driving to Mexico.

Be sure your passport is valid for at least six months from the end of your trip, otherwise you may not be admitted into your destination country once you land.

Check with the Department of State to see if the country to which you will be visiting requires a visa or if the country participates in the Visa Waiver Program. Most European countries do not require a visa for a short visit, but all require a passport."

&

"Notify the U.S. Embassy or Consulate in your destination country of your trip and where you will be stay. That way, in case of an emergency or natural disaster, the U.S. Embassy will be better able to find and assist you and notify family members."

SN - Congress seeks to restrict visa waiver laws

Spero News

Congress seeks to restrict visa waiver laws


Visa system would cost the State Department $739 million to process the added workload with a further $522-810 million in annual costs

Wednesday, January 28, 2009


By Jena Baker McNeill, James Jay Carafano, James Dean


A new bill, S. 203, sponsored by Senators Dianne Feinstein (D-CA) and John Kyl (R-AZ) would impose severe restrictions on membership in the Visa Waiver Program (VWP). Adding more restrictions to the VWP would be a huge mistake, hindering efforts to enhance a program that provides significant security, economic, and public diplomacy benefits through cooperation with our closest allies around the world. Rather than adding new restrictions, Congress should work to further expand this program.

Read the whole article here.

Snippet(s):

"VWP allows foreign travelers from member countries to enter the U.S. for up to 90 days without the need to personally visit U.S. embassies in their home countries to obtain a visa. After 9/11, Congress strengthened the VWP in a manner that allows the Department of Homeland Security (DHS) to continue to expand the program while protecting Americans from terrorist attacks and individuals that attempt to overstay their visas in order to work illegally in the United States."

TMDN - New U.S. visa waiver program begins

The Mainichi Daily News

New U.S. visa waiver program begins


(Mainichi Japan) January 13, 2009


Travelers to the U.S. from the 35 countries in the visa waiver program were required to register their trip in advance from Monday after the U.S. Department of Homeland Security's ESTA (Electronic System of Travel Authorization) went into service.

Read the whole article here.

CNN - Visitors to U.S. face refusal under new online entry system

CNN

Visitors to U.S. face refusal under new online entry system


January 12, 2009 -- Updated 1102 GMT (1902 HKT)


LONDON, England (CNN) -- From today, travelers visiting the United States under the Visa Waiver Program (VWP) risk being detained at airports and sent home if they don't comply with new U.S. immigration rules.

Read the whole article here.

AFP - US, Bulgaria hail 'excellent' bilateral ties, talk visa waiver

From my archive of press clippings:

AFP

US, Bulgaria hail 'excellent' bilateral ties, talk visa waiver

7/10/2008

SOFIA (AFP) — US Secretary of State Condoleezza Rice and Bulgarian Foreign Minister Ivaylo Kalfin hailed what they both described as "excellent" ties between the two countries and expressed hopes for reaching a deal soon on a US visa waiver programme for Bulgarians. Speaking to journalists after one-on-one talks in the Bulgarian capital, Rice described Kalfin as "a good friend".

Read the whole article here.

Snippet(s):

"The Bulgarian minister, for his part, said ties between Bulgaria and the US "have never been better." "

&

"Both Rice and Kalfin said that progress had been made towards reaching a visa waiver programme for Bulgarians wanting to travel to the United States.

But neither gave any indication as to when such a deal might be signed."

BTN - DHS To Launch Online Visa Waiver Program

From my archive of press clippings:

Business Travel News Online

DHS To Launch Online Visa Waiver Program

By Patty Donmoyer

JUNE 09, 2008 -- The U.S. Department of Homeland Security this month took a pivotal step toward implementing a new online system that better secures the Visa Waiver Program, issuing an interim final rule that deploys new technology that screens and authorizes U.S.-bound travelers before they board their transport.

Read the whole article here.

Snippet(s):

"The Electronic System for Travel Authorization will require U.S.-bound travelers from Visa Waiver Program countries to submit information online to the Department of Homeland Security.

Once approved, the clearance is valid for up to two years or until the applicant's passport expires, whichever comes first.

The ESTA Web site opens for voluntary applications on Aug. 1."

&

"Some 15 million people visited the U.S. from Visa Waiver Program countries last year.

Twenty-seven countries currently participate in the program, ranging from Andorra to the United Kingdom.

Memorandums of understanding have been signed with nine other countries ranging from the Czech Republic to South Korea, a first step towards including them in the program."

CV - Hungary, U.S. sign data exchange agreement

From my archive of press clippings:

www.chinaview.cn

Hungary, U.S. sign data exchange agreement

2008-05-21 00:29:31 BUDAPEST, May 20 (Xinhua) -- Representatives of Hungary and the United States signed an agreement on Tuesday on bilateral data exchange seeking to help identify terrorists, Hungarian News Agency MTI reported.

Read the whole article here.

Snippet(s):

"The agreement - a prerequisite for Hungary's exemption from U.S. visa requirements - was signed by Gyorgy Szilvasy, the minister in charge of Hungary's civilian secret services, and U.S. Ambassador to Hungary April H. Foley in Budapest."

TJT - U.S. pushes new entry system one last time

The Japan Times

Friday, Jan. 9, 2009

U.S. pushes new entry system one last time


By SETSUKO KAMIYA


Staff writer


Prior to next week's launch of a new online immigration system, the U.S. Embassy in Tokyo made its final attempt Thursday to call on Japanese to preregister before they head off for a trip to the States.

Read the whole article here.

"The embassy has been promoting introduction of the Electronic System for Travel Authorization amid concerns there will be confusion at airports among travelers who don't know about the new system."

"All tourists from 35 countries, including Japan, that have joined the Visa Wavier Program with U.S. must request and receive electronic travel authorization through ESTA before entering the U.S. on an aircraft or cruise ship.

Without authorization, they cannot board their plane or vessel."

&

"Details can be found on the U.S. Department of Homeland Security Web site at http://www.dhs.gov/ "

H.IE - Firms charge for free USA visa service

Herald.ie

Firms charge for free USA visa service

By Michael Lavery

Thursday January 08 2009


Some online travel companies are charging travellers to make a free application to the US government on their behalf, it was claimed today.

Read the whole article here.

Snippet(s):

"From next Monday, all travellers entering the US with passports from Visa Waiver Programme countries, such as Ireland, will have to obtain authorisation in advance of travel.

Passengers simply need to log onto the Electronic System for Travel Authorisation (ESTA) website before they embark on their journey and answer some questions online, a spokesperson for Holiday Homes Direct.ie said.

Until now, passengers who travelled to the US filled in the form during the flight or at immigration in Dublin or Shannon airports. The online ESTA system asks for the same information, but now it must be received in advance of the trip."

&

""The US Dept of Homeland Security said that all international travellers seeking to travel to the US under the Visa Waiver Programme "are now subject to enhanced security arrangements"."