Nominations of the 117th Congress, Second Session, Part I — Senate Committee on Foreign Relations (S. Hrg. 117-642)
Summary
S. Hrg. 117-642 is Part I of the Senate Committee on Foreign Relations nomination hearings of the 117th Congress, Second Session, from January 12, 2022 thru June 16, 2022, and printed in 2023. The first hearing, on Wednesday, January 12, 2022, took up Sarah H. Cleveland, nominated to be Legal Adviser of the Department of State; James C. O'Brien, nominated to be head of the Office of Sanctions Coordination, with the rank of Ambassador; and George J. Tsunis, nominated to be Ambassador to Greece. Later hearings in the contents include Tuesday, February 8, 2022 and Thursday, June 16, 2022. Responses to additional questions are located at the end of each hearing transcript.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Nominations of the 117th Congress, Second Session, Part I — Senate Committee on Foreign Relations (S. Hrg. 117-642).”
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[Senate Hearing 117-642]
[From the U.S. Government Publishing Office]
S. Hrg. 117-642
NOMINATIONS OF THE 117th CONGRESS,
SECOND SESSION_PART I
=======================================================================
HEARINGS
BEFORE THE
COMMITTEE ON FOREIGN RELATIONS
UNITED STATES SENATE
ONE HUNDRED SEVENTEENTH CONGRESS
SECOND SESSION
----------
Part I
January 12, 2022 thru June 16, 2022
----------
Printed for the use of the Committee on Foreign Relations
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available via the World Wide Web:
http://www.govinfo.gov
U.S. GOVERNMENT PUBLISHING OFFICE
51-736 PDF WASHINGTON : 2023
-----------------------------------------------------------------------------------
COMMITTEE ON FOREIGN RELATIONS
ROBERT MENENDEZ, New Jersey, Chairman
BENJAMIN L. CARDIN, Maryland JAMES E. RISCH, Idaho
JEANNE SHAHEEN, New Hampshire MARCO RUBIO, Florida
CHRISTOPHER A. COONS, Delaware RON JOHNSON, Wisconsin
CHRISTOPHER MURPHY, Connecticut MITT ROMNEY, Utah
TIM KAINE, Virginia ROB PORTMAN, Ohio
EDWARD J. MARKEY, Massachusetts RAND PAUL, Kentucky
JEFF MERKLEY, Oregon TODD YOUNG, Indiana
CORY A. BOOKER, New Jersey JOHN BARRASSO, Wyoming
BRIAN SCHATZ, Hawaii TED CRUZ, Texas
CHRIS VAN HOLLEN, Maryland MIKE ROUNDS, South Dakota
BILL HAGERTY, Tennessee
Damian Murphy, Staff Director
Christopher M. Socha, Republican Staff Director
John Dutton, Chief Clerk
(ii)
C O N T E N T S
----------
Responses to additional questions from the committee and any
other material submitted for the record are located at the end
of each hearing transcript.
PART I
Wednesday, January 12, 2022...................................... 1
Cleveland, Sarah H., of New York, nominated to be Legal
Adviser of the Department of State......................... 9
O'Brien James C., of Nebraska, nominated to be head of the
Office of Sanctions Coordination, with the rank of
Ambassador................................................. 12
Tsunis, George J., of New York, nominated to be Ambassador to
Greece..................................................... 15
Van Schaack, Beth, of California, nominated to be Ambassador-
at-Large for Global Criminal Justice....................... 18
Additional Material Submitted for the Record................. 33
Tuesday, February 8, 2022........................................ 91
Lipstadt, Dr. Deborah E., of Georgia, nominated to be Special
Envoy to Monitor and Combat Antisemitism, with the rank of
Ambassador................................................. 98
Dogu, Hon. Laura Farnsworth, of Texas, nominated to be
Ambassador to the Republic of Honduras..................... 101
Levine, Randi Charno, of New York, nominated to be Ambassador
to the Portuguese Republic................................. 104
Perry, Hon. N. Nickolas, of New York, nominated to be
Ambassador to Jamaica...................................... 107
Additional Material Submitted for the Record................. 128
Thursday, March 3, 2022.......................................... 167
Romanowski, Hon. Alina L., of Illinois, nominated to be
Ambassador to the Republic of Iraq......................... 172
Hickey, Douglas T., of Idaho, nominated to be Ambassador to
the Republic of Finland.................................... 175
Fagin, Steven H., of New Jersey, nominated to be Ambassador
to the Republic of Yemen................................... 177
McKee, Hon. Erin Elizabeth, of California, nominated to be an
assistant administrator of the United States Agency for
International Development.................................. 180
Additional Material Submitted for the Record................. 192
(iii)
Tuesday, March 15, 2022.......................................... 239
Meehan, Bernadette M., of New York, nominated to be
Ambassador to the Republic of Chile........................ 241
Nkengasong, Dr. John N., of Georgia, nominated to be
Ambassador-at-Large, Coordinator of the United States
Government Activities to Combat HIV/AIDS Globally.......... 244
Muyangwa, Dr. Monde, of Maryland, nominated to be an
assistant administrator of the United States Agency for
International Development.................................. 247
Gonzales, Hon. Rebecca Eliza, nominated to be Director of the
Office of Foreign Missions................................. 250
Additional Material Submitted for the Record................. 273
Thursday, April 7, 2022.......................................... 317
Kennedy, Hon. Caroline, of New York, nominated to be
Ambassador to the Commonwealth of Australia................ 322
Goldberg, Hon. Philip S., of the District of Columbia,
nominated to be Ambassador to the Republic of Korea........ 325
Nathanson, Marc B., of California, nominated to be Ambassador
to the Kingdom of Norway................................... 328
Carlson, Marykay Loss, of Arkansas, nominated to be
Ambassador to the Republic of the Philippines.............. 331
Additional Material Submitted for the Record................. 351
Wednesday, May 4, 2022........................................... 391
Turner, Dr. Bruce I., of Colorado, nominated to be U.S.
Representative to the Conference on Disarmament in Geneva,
with the rank of Ambassador during his tenure of service... 396
Leventhal, Alan M., of Massachusetts, nominated to be
Ambassador to the Kingdom of Denmark....................... 400
Milstein, Constance J., of New York, nominated to be
Ambassador to the Republic of Malta........................ 403
Hartley, Hon. Jane D., of New York, nominated to be
Ambassador to the United Kingdom of Great Britain and
Northern Ireland........................................... 405
Additional Material Submitted for the Record................. 419
Tuesday, May 10, 2022............................................ 511
Brink, Hon. Bridget A., nominated to be Ambassador to Ukraine 515
Richard, Hon. Elizabeth H., of Virginia, nominated to be
Coordinator for Counterterrorism, with the rank and status
of Ambassador-at-Large..................................... 518
Laskaris, Hon. Alexander Mark, of the District of Columbia,
nominated to be Ambassador to the Republic of Chad......... 520
Additional Material Submitted for the Record................. 547
Wednesday, May 18, 2022.......................................... 585
Bagley, Hon. Elizabeth Frawley, of Florida, nominated to be
Ambassador to the Federative Republic of Brazil............ 590
Aponte, Hon. Mari Carmen, of Florida, nominated to be
Ambassador to the Republic of Panama....................... 593
Mora, Dr. Francisco O., of Florida, nominated to be Permanent
Representative to the Organization of American States, with
the rank of Ambassador..................................... 596
Kwan, Michelle, of California, nominated to be Ambassador to
Belize..................................................... 599
Additional Material Submitted for the Record................. 622
Tuesday, May 24, 2022............................................ 651
Brigety, Hon. Reuben E. II, of Florida, nominated to be
Ambassador to the Republic of South Africa................. 656
Battle, Hon. Michael A. Sr., of Georgia, nominated to be
Ambassador to the United Republic of Tanzania.............. 658
Whitman, Margaret C., of Colorado, nominated to be Ambassador
to the Republic of Kenya................................... 660
Gonzales, Michael C., of California, nominated to be
Ambassador to the Republic of Zambia....................... 675
Godfrey, John T., of California, nominated to be Ambassador
to the Republic of Sudan................................... 677
Adler, Michael J., of Maryland, nominated to be Ambassador to
the Republic of South Sudan................................ 680
Additional Material Submitted for the Record................. 690
Tuesday, June 7, 2022............................................ 763
Bennett, Amanda, of the District of Columbia, nominated to be
Chief Executive Officer of the United States Agency for
Global Media............................................... 765
Additional Material Submitted for the Record................. 780
Thursday, June 16, 2022.......................................... 791
Wittes, Dr. Tamara Cofman, of the District of Columbia,
nominated to be an Assistant Administrator of the United
States Agency for International Development................ 794
Ratney, Michael Alan, of Massachusetts, nominated to be
Ambassador to the Kingdom of Saudi Arabia.................. 797
Davis, Timmy T., of Virginia, nominated to be Ambassador to
the State of Qatar......................................... 800
Gupta, Dr. Geeta Rao, of Virginia, nominated to be
Ambassador-at-Large for Global Women's Issues.............. 803
Additional Material Submitted for the Record................. 827
Part II
Thursday, June 23, 2022.......................................... 875
Shortino, Elizabeth, of the District of Columbia, nominated
to be United States Executive Director of the International
Monetary Fund for a term of two years...................... 878
Pressman, Hon. David, of New York, nominated to be Ambassador
to Hungary................................................. 881
Pyatt, Hon. Geoffrey R., nominated to be an Assistant
Secretary (Energy Resources)............................... 883
Wood, Hon. Robert A., of New York, nominated to be Alternate
Representative for Special Political Affairs in the United
Nations, with the rank of Ambassador, and to be an
Alternate Representative to the Sessions of the General
Assembly of the United Nations, during his tenure of
service.................................................... 887
Additional Material Submitted for the Record................. 902
Wednesday, July 13, 2022......................................... 937
Godec, Hon. Robert F., of Virginia, nominated to be
Ambassador to the Kingdom of Thailand...................... 941
Thompson, Dean R., of Maryland, nominated to be Ambassador to
Nepal...................................................... 944
Abraham, Yohannes, of Virginia, nominated to be
Representative to the Association of Southeast Asian
Nations, with the rank and status of Ambassador............ 947
Buangan, Richard Lee, of California, nominated to be
Ambassador to Mongolia..................................... 950
Damour, Marie C., of Virginia, nominated to be Ambassador to
the Republic of Fiji, and to serve concurrently and without
additional compensation as Ambassador to the Republic of
Kiribati, the Republic of Nauru, the Kingdom of Tonga, and
Tuvalu..................................................... 953
Additional Material Submitted for the Record................. 972
Wednesday, July 27, 2022......................................... 1015
Talwar, Hon. Puneet, of the District of Columbia, nominated
to be Ambassador to the Kingdom of Morocco................. 1018
Henick, Dr. Jonathan, of Virginia, nominated to be Ambassador
to the Republic of Uzbekistan.............................. 1021
Viguerie, Lesslie, of Virginia, nominated to be Ambassador to
the Kyrgyz Republic........................................ 1024
Rosenblum, Hon. Daniel N., of Maryland, nominated to be
Ambassador to the Republic of Kazakhstan................... 1026
Hood, Joey R., of New Hampshire, nominated to be Ambassador
to the Republic of Tunisia................................. 1029
Additional Material Submitted for the Record................. 1043
Thursday, July 28, 2022--a.m..................................... 1103
Duncan, William H., of Texas, nominated to be Ambassador to
the Republic of El Salvador................................ 1110
Rodriguez, Hugo F., Jr., of Pennsylvania, nominated to be
Ambassador to the Republic of Nicaragua.................... 1112
Bond, Candace A., of Missouri, nominated to be Ambassador to
the Republic of Trinidad and Tobago........................ 1115
Fulton, Heide B., of West Virginia, nominated to be
Ambassador to the Oriental Republic of Uruguay............. 1118
Faucher, Robert J., of Arizona, nominated to be Ambassador to
the Republic of Suriname................................... 1121
Additional Material Submitted for the Record................. 1138
Thursday, July 28, 2022--p.m..................................... 1173
Duggal, Shefali Razdan, of California, nominated to be
Ambassador to the Kingdom of the Netherlands............... 1177
Patman, Carrin F., of Texas, nominated to be Ambassador to
the Republic of Iceland.................................... 1180
Aggeler, Angela Price, of the District of Columbia, nominated
to be Ambassador to the Republic of North Macedonia........ 1182
Rana, Gautam A., of New Jersey, nominated to be Ambassador to
the Slovak Republic........................................ 1185
Berry, Hon. Randy W., of Colorado, nominated to be Ambassador
to the Republic of Namibia................................. 1187
Additional Material Submitted for the Record................. 1197
Wednesday, August 3, 2022........................................ 1231
Ba, Jessica Davis, of the District of Columbia, nominated to
be Ambassador to the Republic of Cote D'Ivoire............. 1239
Tamlyn, Hon. Lucy, of Rhode Island, nominated to be
Ambassador to the Democratic Republic of the Congo......... 1242
Korhonen, Rachna Sachdeva, of New Jersey, nominated to be
Ambassador to the Republic of Mali......................... 1245
Schiffer, Rolfe Michael, of New York, nominated to be an
Assistant Administrator of the United States Agency for
International Development.................................. 1248
Fick, Nathaniel, of Maine, nominated to be Ambassador-at-
Large for Cyberspace and Digital Policy.................... 1250
Additional Material Submitted for the Record................. 1271
Tuesday, November 29, 2022....................................... 1355
Robinson, Christopher T., of Maryland, nominated to be
Ambassador to the Republic of Latvia....................... 1359
Kent, George P., of Massachusetts, nominated to be Ambassador
to the Republic of Estonia................................. 1362
Merten, Hon. Kenneth, of Virginia, to the Republic of
Bulgaria................................................... 1365
Kavalec, Kathleen Ann, of California, nominated to be
Ambassador to Romania...................................... 1367
Sabet, Bijan, of Massachusetts, nominated to be Ambassador to
the Czech Republic......................................... 1370
Sullivan, Hon. Stephanie Sanders, of Maryland, nominated to
be Representative to the African Union, with the rank and
status of Ambassador....................................... 1389
Jardine, Henry V., of Virginia, nominated to be Ambassador to
the Republic of Mauritius, and to serve concurrently and
without additional compensation as Ambassador to the
Republic of Seychelles..................................... 1392
Gorordo, L. Felice, of Florida, nominated to be Alternate
Executive Director of the International Bank for
Reconstruction and Development for a term of two years..... 1394
Weiner, Richard L.A., of the District of Columbia, nominated
to be Director of the European Bank for Reconstruction and
Development................................................ 1397
Micaller, Manuel P., Jr. of California, nominated to be
Ambassador to the Republic of Tajikistan................... 1400
Additional Material Submitted for the Record................. 1414
Wednesday, November 30, 2022..................................... 1513
Tracy, Hon. Lynne M., of Ohio, nominated to be Ambassador to
the Russian Federation..................................... 1516
Fisher, Hon. Julie D., of Tennessee, nominated to be
Ambassador to the Republic of Cyprus....................... 1542
Kvien, Kristina A., of California, nominated to be Ambassador
to the Republic of Armenia................................. 1545
Spahn, Carol, of Maryland, nominated to be Director of the
Peace Corps................................................ 1548
Dyer, Cynthia, of Virginia, nominated to be Director of the
Office to Monitor and Combat Trafficking, with the rank of
Ambassador-at-Large........................................ 1550
Additional Material Submitted for the Record................. 1564
NOMINATIONS
----------
WEDNESDAY, JANUARY 12, 2022
U.S. Senate,
Committee on Foreign Relations,
Washington, DC.
The committee met, pursuant to notice, at 9:23 a.m., in
Room SD-G50, Dirksen Senate Office Building, Hon. Robert
Menendez presiding.
Present: Senators Menendez [presiding], Cardin, Shaheen,
Coons, Murphy, Kaine, Markey, Merkley, Booker, Van Hollen,
Risch, Rubio, Johnson, Romney, Paul, Young, and Hagerty.
Also Present: Senator Casey.
OPENING STATEMENT OF HON. ROBERT MENENDEZ,
U.S. SENATOR FROM NEW JERSEY
The Chairman. This hearing of the Senate Foreign Relations
Committee will now come to order.
We are here today to consider nominations for four
important positions: Sarah Cleveland to be the State Department
Legal Adviser, James O'Brien to be the Coordinator for
Sanctions Policy, Dr. Beth Van Schaack to be Ambassador-at-
Large for Global Criminal Justice, and George Tsunis to be the
Ambassador for Greece.
Congratulations to each of you. We appreciate your
willingness and that of your family, because we recognize that
this is a sacrifice by families as well, to serve your country
in this capacity.
I know that there are various colleagues who are looking to
make introductions of our nominees before the committee.
I understand that Senator Coons is seeking to introduce Ms.
Cleveland, Senator Booker will be introducing Dr. Van Schaack,
and Senators Casey and Paul will be introducing Mr. Tsunis.
So we will start with--I understand Senator Casey is
joining us virtually?
Senator Casey. That is correct.
The Chairman. Senator Casey, the floor is yours.
STATEMENT OF HON. ROBERT P. CASEY, JR.,
U.S. SENATOR FROM PENNSYLVANIA
Senator Casey. Chairman Menendez, thank you for this
opportunity. I want to thank you and Ranking Member Risch and
members of the Senate Foreign Relations Committee for this
opportunity and to appear before you in this format to support
George Tsunis' nomination to be the next Ambassador to Greece.
I have known George for over 15 years. He has friends on
both sides of the aisle in the United States Senate, and I want
to thank him for his willingness to serve.
I also want to thank, as Chairman Menendez made reference
to, his family: George's wife, Olga, his two daughters, Eleni
and Yanna, and his son, James. Families make it possible for an
American to serve our nation abroad and we are grateful for the
contribution that they make.
Let me start with the role of Ambassador to Greece. As the
committee members know better than I, this is a vital
diplomatic position for the United States Government.
As Russia continues its unprecedented aggression against
Ukraine and other democratic neighbors and Iranian threats in
the Middle East grow, the position of Ambassador to Greece has
become even more important to U.S. national security and
regional stability in Europe and the Middle East.
This Ambassador serves to promote the thriving U.S.-Greek
economic partnership and both of our nations' democratic values
and respect for human rights.
George is prepared to take on these responsibilities and
these challenges, and strengthen our relationship with Greece.
His legal and business acumen and strong commitment to public
service make him well qualified to serve as Ambassador.
He has practiced law in New York, rising to be a partner in
New York's largest real estate, municipal law, and commercial
litigation firm. In 2005, he left his firm to start his very
successful company, Chartwell Hotels.
George has grown Chartwell into a leader, operating hotels
across the East Coast and mid-Atlantic. I know personally in
Pennsylvania George has developed four hotels from ground-up
construction, creating hundreds of construction jobs and
permanent hospitality jobs.
Every job, especially in places like Williamsport,
Pennsylvania--Lycoming County, in the north central part of our
state--every single job is important to those communities, and
that community also rehabilitated the historic 1913 First
National Bank, returning this Williamsport landmark to
commercial use.
He has also been very active in the Chamber of Commerce in
Lycoming County. In addition to his private sector leadership,
George has also served his community, whether it is as a lawyer
for the New York City Council, work he has done in the town of
Huntingdon's Environmental Open Space Committee, the Dix Water
District, serving as an advisor here in the Senate to the
Senate Banking Committee, and chairman of the Battery Park City
Authority.
Again, in service of the people of Pennsylvania, George
founded a scholarship for promising students at the
Pennsylvania College of Technology, one of our premier
institutions in the state, and he remains active in his support
for Lycoming County communities and philanthropic
organizations.
George knows intimately the interests of the Greek people
and how to represent those interests at the highest levels. He
is the son of first-generation Greek immigrants, learning Greek
as his first language and actively participating in the
community of St. Paraskevi.
George has become a recognized leader in the Greek-American
community. He was a founding trustee of the foremost Greek
civic leadership organization in the United States, the
Hellenic American Leadership Council, and remains vice
president of the board of directors.
He continues to support other nonprofit organizations. His
missions revolve around the importance of the U.S.-Greek
relationship, including the Hellenic Initiative, Leadership
100, the Greek Orthodox Archdiocese National Coordinating
Committee, and so much more.
For his leadership on behalf of the Greek-American
community, George has received the St. Paul's Medal, the
highest ecclesiastical honor for a layman from the Greek
Orthodox Church in America and a member to the Order of St.
Andrew the Apostle, the highest honor given to a lay person by
his All Holiness Ecumenical Patriarch Bartholomew.
George has extensive leadership experience, and his long
commitment to the U.S.-Greek relationship have prepared him
well to represent the United States as our next Ambassador to
Greece.
I enthusiastically support and recommend his nomination to
you and I am honored to have this opportunity today. Thank you.
The Chairman. Thank you, Senator Casey, for that insightful
introduction.
I now turn to a distinguished member of this committee,
Senator Paul.
STATEMENT OF HON. RAND PAUL,
U.S. SENATOR FROM KENTUCKY
Senator Paul. Mr. Chairman, Ranking Member, and members of
the committee, thank you for allowing me to introduce my
friend, George Tsunis, to you and to encourage you to approve
him as the U.S. Ambassador to Greece.
I have known George for several years. I know him as a
patriot, a civic leader, and an exceptional executive, as well
as someone who has exhibited the bipartisanship that I think
will help him in negotiating as a diplomat and representing his
country.
He has been an important figure in U.S.-Greek relations. He
understands the dynamics of the long friendship between our
countries. We would be fortunate to have him as our
representative to the Government of Greece.
George has succeeded in business and is eager to bring that
expertise to the public sector. He heads Chartwell Hotels, as
you have heard, which is successful across the country.
He also chairs the Battery Park City Authority, which
manages a 92-acre development on Manhattan's Lower West Side.
He speaks Greek, is a proud American of Greek descent.
George is active in the Orthodox Church, was a founding
trustee of the Hellenic American Leadership Council and is a
trustee of the Hellenic Initiative, a global humanitarian
organization established a decade ago.
George has worked closely with the Greek-American leaders
in the United States, knows many of the important players in
Greece, and is conversant with the issues they deal with
regularly.
He also understands how to operate part of the Government--
as part of the Government in the United States. He served as a
legislative attorney for the New York City Council, as counsel
for the Dix Hills Water District in New York, and as an aide to
a U.S. senator.
In fact, he worked for Senator Alfonse D'Amato, who is here
today. Thank you, Senator D'Amato, for being here today to
support George's nomination.
George is involved in countless charities that give back to
the community, including various hospitals. We are fortunate
that George wants to return to government service.
Thank you for considering him for this important role and,
thank you, Mr. Chairman, for allowing me to speak on George's
behalf.
The Chairman. Thank you very much, Senator Paul.
Senator Booker, are you ready to introduce Dr. Van Schaack?
STATEMENT OF HON. CORY BOOKER,
U.S. SENATOR FROM NEW JERSEY
Senator Booker. Yes. Thank you very much, Mr. Chairman.
Mr. Chairman, I have known Dr. Beth Van Schaack for 34
years. She had the unfortunate experience of meeting me when we
were both teenagers, and while I was a hunk of undeveloped
athletic and intellectual potential, she was an extraordinary
standout in her college years.
She was brilliant, wise beyond her years, and someone
deeply committed to her classmates. I made the smart decision
just to follow her and I followed her to Yale Law School where
we continued to develop our friendship, but more importantly to
the matter before us, I got to see her tie her intellectual
excellence with a commitment for larger issues of justice.
This is someone who has, I have seen, weather very
difficult personal challenges overcoming adversity, and yet she
continued to devote her life over and over to serving her
country and others.
After receiving her law degree from Yale, she has been
committed to achieving justice, beginning her career working on
behalf of victims of human rights abuses. She has served as
deputy in the same office that she has now been nominated to
lead.
She has been advisor, a valued advisor, to Secretary of
State Hillary Clinton, to Secretary of State John Kerry, on
ways the United States can prevent and respond to mass
atrocities and war crimes.
In 2014, she returned back to Stanford where she is
currently the Leah Kaplan Professor in Human Rights, focused on
training the next generation of human rights advocates. She has
earned a reputation amongst her students and colleagues and
peers as one of the preeminent experts in our nation on these
pressing issues.
It is an honor for me, one of the great of my time as
senator, to be able to not only introduce her but to press upon
my colleagues that I think she will be a tremendous addition to
our diplomatic corps, not just because of her vast experience,
not just because of her intellect and expertise, but because of
her character.
It is what I have seen for 34 years, that she has grit,
that she has guts, that she has dedication to others, and I
think she will be an extraordinary asset to this nation, not to
mention the fact that she can still beat me in a 40-yard dash.
Thank you, Mr. Chairman.
Oh, and, Mr. Chairman, a point of privilege, please. I just
have to say to my friend, George Tsunis [speaks Greek] and,
sir, thank you for standing up [speaks Greek].
The Chairman. Wow.[Laughter.]
The Chairman. Forty-yard dash. Okay.
I understand that Senator Coons is here so we recognize him
now.
STATEMENT OF HON. CHRISTOPHER A. COONS,
U.S. SENATOR FROM DELAWARE
Senator Coons. Thank you, Mr. Chairman. It is my honor to
introduce my friend and law school classmate, Sarah Cleveland,
nominated by President Biden to serve as Legal Adviser for the
State Department.
I want to welcome her family--Roger, Grover, Richard,
Electa--who are with her today. I have known her more than 30
years, and I remember most clearly and sharply our working
together on international human rights litigation on behalf of
refugees being interdicted on the high seas--refugees from
Haiti who were fleeing a change of government there and seeking
refuge.
She was the legal brains of our team and was brilliant then
and is brilliant now. She has been nominated to be the State
Department's top lawyer at a critical moment when we need
someone with deep experience, great values, and the ability to
help give the most relevant and timely advice to the leaders of
our State Department and our nation.
If confirmed, she would be the second woman in our nation's
history to hold the position of the presidentially-appointed
Legal Adviser. She was raised in Alabama, worked as a sales
clerk and waitress in Birmingham to pay her way through Brown.
Went on to study at Oxford as a Rhodes Scholar and Yale Law
School, and to clerk on the Supreme Court for Justice Blackmun.
She has worked in red states and blue states, at home from
Texas to New York to South Florida and in far-flung corners of
the world from Namibia to Eastern Europe advancing justice,
human rights, and national security.
As a result of her nearly 30 years of teaching and
practicing international law, she has developed deep expertise.
I have a letter I will submit for the record of endorsement of
former legal advisers who served in both Republican and
Democratic administrations.
Fourteen of her years were spent working for or advising
the U.S. Government or the judiciary and eight as an
independent expert at the request of the U.S. Government.
If you do not know Sarah yet, it will soon become clear she
cares deeply about democracy, human rights, and the rule of law
around the world and is greatly knowledgeable about the threats
posed by Russia, China, Iran, and others.
Sarah Cleveland is a dedicated and capable public servant
with the intelligence, character, and experience to serve
admirably as the next State Department Legal Adviser. I look
forward to supporting her and urge my colleagues to support her
confirmation.
Thank you.
The Chairman. Thank you, Senator Coons.
Let me turn to the nominees, briefly.
Ms. Cleveland, welcome and congratulations on your
nomination. You have a stellar legal resume. I have no doubt
that your experience including in the Office of the Legal
Adviser, or L, as it is well known, will serve you well.
I am pleased to note that you have the strong support of
your predecessors. All nine living former legal advisers, six
Republicans and three Democrats, have written to Senator Risch
and myself endorsing your nomination, and without objection, I
will ask that those letters will be included in the record.
[The information referred to is located at the end of this
transcript.]
The Chairman. As you know, the role of Legal Adviser is
somewhat unique in our government. If confirmed, you will be
the general counsel of the State Department leading L and its
cadre of exceptionally talented lawyers, and you will also be
the chief international legal diplomat for the United States.
You will be expected to provide objective legal advice to
the Secretary of State, other department policymakers, and
offices across the federal government.
I expect that, if confirmed, you will build upon the work
of the current administration to return the United States to a
place it once held on the global stage as a country that both
observes and advances the rule of law.
As an attorney for the executive branch, you will no doubt
be pressed to broadly interpret the President's Article Two
authorities.
I will look to you for a vigorous and objective legal
analysis, and I expect that consistent with our Constitution
you will understand the interest and role of Congress in the
area of foreign affairs and work in good faith with this
committee to ensure that Congress' constitutional role in
foreign affairs is fully and meaningfully respected.
Mr. O'Brien, I am pleased to have you before us, both
because I believe you are an excellent nominee and because your
presence signifies something that both Senator Risch and I
worked towards, the establishment of a Sanctions Coordinator
position in law.
It is a critical position, and the last administration's
decision to leave it unfilled was, in my view, shortsighted and
damaging. As you know, sanctions are one of the few meaningful
tools we have in our foreign policy toolkit.
If confirmed, you will have three statutorily-mandated
roles. You will be the lead sanctions diplomat, the lead for
State on sanctions in the interagency process, and the lead
within State in coordinating sanctions policy.
In short, your efforts will be instrumental to ensuring
that our sanctions policy are fully aligned with and advancing
our foreign policy. I look forward to hearing how you will
approach that complex set of challenges awaiting you, if
confirmed.
Dr. Van Schaack, congratulations on your nomination. I am
glad to hear you can outrun my distinguished colleague from New
Jersey. You have had a distinguished career that has prepared
you well for this position.
If confirmed, you will be tasked with advising the
Secretary of State and others in the U.S. Government on how to
prevent and respond to atrocities around the world. To say this
is a critical task would be an understatement.
For decades, the United States has led the world in seeking
responsible mechanisms of international justice to hold
accountable the dictators, thugs, and warlords who commit
atrocities against their own citizens.
And yet, when we look around the world today, we see rising
impunity for perpetrators of atrocities against innocent
civilians.
The genocide of Uighurs in China's Xinjiang region, the
murderous assault on the Rohingya and other ethnic and
religious minorities by the military junta in Burma, the Assad
regime's machinery of torture and death in Syria, and the use
of starvation and sexual assault as a weapon of war in Ethiopia
are only some examples.
Strengthening international mechanisms for accountability
is essential to helping prevent mass atrocity crimes, and I
look forward to hearing your ideas on how best we can
accomplish this.
Mr. Tsunis, I welcome your nomination, which comes at such
a high point in the U.S.-Greece relationship. Greece is a
critical U.S. ally, a strategic partner, and a lynchpin for
security and democracy in the Eastern Mediterranean.
As the birthplace of democracy, Greece continues to be a
beacon of freedom in southeastern Europe. In recent years, we
have taken several important steps towards strengthening our
strategic partnership with Greece.
Congress has reaffirmed its strong bipartisan support for
Greece with the landmark Eastern Mediterranean Security and
Energy Partnership Act in 2019, which I led with Senator Rubio
and other members of this committee.
Last year, we made strides in strengthening NATO's southern
flank with the passage of the U.S.-Greece Defense and
Interparliamentary Partnership Act, which I also led with
Senator Rubio and other members of this committee, and
Secretary Blinken and Foreign Minister Dendias recently signed
an updated and expanded Defense Cooperation Agreement,
furthering our ability to stand with our allies.
Mr. Tsunis, if confirmed, you will inherit the strongest
U.S.-Greece relationship in history, one that is well poised
for even further growth.
You know Greece and the dynamics of the region well, and I
am confident in your ability to bring the U.S.-Greece
relationship into the next era.
With that, let me turn to the distinguished ranking member
for his comments.
Senator Risch?
STATEMENT OF HON. JAMES E. RISCH,
U.S. SENATOR FROM IDAHO
Senator Risch. Thank you, Mr. Chairman.
On the nomination of Legal Adviser to the Department of
State, this position advises the Secretary on all legal issues
related to the work of the department including matters of
compliance with congressional oversight--obviously, a very
important matter to his committee.
The use of force also in international agreements entered
into by the United States are also matters on which advice is
given.
Ms. Cleveland, I do not envy the task before you. You come
to this nomination at a pivotal juncture in U.S. foreign policy
as the United States faces some of what I believe are the
greatest challenges of our time.
You will be in the room as the department grapples with
difficult legal questions. But I wanted to emphasize another
critical element of the job: an obligation and a commitment to
keep Congress informed on these crucial legal questions.
I raise this point because so far in the Biden
administration, State's legal opinions have been missing in
action. I am sure they exist. I hope they exist. But they are
not shared with this committee.
It is hard to understand administration policy and to do
oversight without them. This lack of transparency damages
confidence. Responses to questions on Nord Stream 2 sanctions
have been delayed and are cursory when received.
The department has been unwilling to respond to the most
basic factual questions about why certain entities have not
been sanctioned under clear statutory requirements.
Questions about congressional oversight over potential
reentry into the JCPOA have been insufficient. The
administration's compliance with the Caesar Act has been
lackluster at best, and it is accelerating outreach to Assad
despite congressional inquiries.
These are just a few of the most egregious examples. Should
you be confirmed, I expect you to take seriously congressional
requests for information and transparency.
It is important to note that your job is to provide legal
opinions, not legal facts. The law is never as black and white
as legal advisers make it out to be, and since this body writes
the laws, interpreting them in contradiction to congressional
intent is dangerous.
On the nomination of Sanctions Coordinator, I am pleased
the Administration has nominated someone to this important
position.
As the Chairman indicated, he and I personally engaged to
create this office under law and evaluate it to the rank of
Ambassador with a direct report to the Secretary of State.
I believe the structure can improve U.S. sanctions policy
in three chief ways: improve internal department communications
about the goals of our sanctions regimes and most effective use
of implementation tools and resources, improve U.S. interagency
communication to ensure our sanction regimes are fully aligned
with U.S. foreign policy objectives, and create a centralized
point of contact for foreign governments to ensure effective
communication with allies and partners on sanctions
implementation and technical cooperation.
This particular position is so important now that this
country more and more relies on sanctions to adjust other
countries' actions and we do that in lieu of kinetic type of
activity that we have engaged in in the past. This can be more
important and actually more effective than kinetic action.
Should you be confirmed, I expect you to focus on
determining structure process and resourcing that will set the
office up for success now and in the future, and I ask for your
commitment to cooperatively engage with our office and Congress
on these issues, going forward.
On the nomination of Ambassador-at-Large for Global
Criminal Justice, this office is tasked with aiding in
interagency atrocity prevention efforts as well as driving
response and accountability efforts for war crimes, crimes
against humanity, and genocide.
This role is important in seeking accountability for crimes
committed in countries such as Syria, Burma, Iraq, Ethiopia,
Venezuela, and others in conflict.
While I remain a strong critic of the ICC, this office
needs to work with the international community and our like-
minded allies to find the proper avenues of accountability and
justice for victims of atrocities. I look forward to hearing
your thoughts on these issues.
Finally, on the nomination of Ambassador to Greece, Greece
faces challenges on multiple fronts as it manages China's
attempts to establish footholds in its economy, Russian malign
influence campaigns to divide the European Union, and massive
migration inflows.
Should you be confirmed as Ambassador, I hope your
experience in business and development will help you navigate
the difficult challenges regarding foreign influence and
competition in Greece's economy.
Thank you, Senator Menendez.
The Chairman. Thank you, Senator Risch.
Now we will turn to our nominees. We would like to give you
about five minutes or so to summarize your statements. Your
full statements will be included in the record, without
objection, and we will start with Ms. Cleveland.
STATEMENT OF SARAH H. CLEVELAND OF NEW YORK, NOMINATED TO BE
LEGAL ADVISER OF THE DEPARTMENT OF STATE
Ms. Cleveland. Thank you, Chairman Menendez, and thank you,
Senator Coons, for that generous introduction and your years of
friendship and leadership.
Chairman Menendez, Ranking Member Risch, and distinguished
members of the committee, it is an honor to appear before you
as President Biden's nominee to serve as Legal Adviser of the
Department of State. I am deeply grateful to President Biden
and Secretary Blinken for their confidence and support.
I also want to express my gratitude to the members of this
committee and your staff for your consideration. For over 20
years, I have taught my students about the importance of the
constitutional role of Congress in U.S. foreign relations.
I have found my conversations with members of this
committee enlightening, and I look forward to our continued
engagement, if confirmed.
I would like to introduce my daughter, Electa Cleveland, my
son, Richard Tuddenham, my brother, Grover Cleveland--and yes,
that is his name--and my life partner, Roger Cohen, who are
with me today.
My 97-year-old father, Melford Cleveland, is watching from
his home in rural Alabama, and my ailing mother, Marcia
Cleveland, who danced with the National Ballet of Washington
here, is with us in spirit.
We all know the tremendous toll that government service
inflicts on our loved ones. I want to thank my family for their
steadfast enthusiasm and support and for all I have learned
from them. I love you deeply.
My family has worked at all levels of national, state, and
local government, and to them I owe my passion for public
service.
My father, a law clerk to fellow Alabamian Justice Hugo
Black, held his first legal position in the Office of the Legal
Adviser of the State Department, the office to which, if
confirmed, I would now return.
He then served for 20 years in the Justice Department
before completing his career as an administrative law judge for
the Social Security Administration.
My brother was legal counsel to King County in Washington
State. My great-grandfather was Speaker of the House of the
Massachusetts legislature, and my grandmother, Walter Frances
Cleveland, was a public school teacher and a member of the
Board of Electors of her rural Alabama community. She
registered numerous Black Americans to vote after World War II.
Inspired by their examples, it has been my mission to serve
the public good. I began as a law clerk to District Judge Lewis
Oberdorfer and Supreme Court Justice Harry Blackmun.
I have spent more than two decades teaching students about
the central place of law in U.S. foreign relations, first, at
the University of Texas, then at Columbia University. Some of
them are now among the excellent lawyers at the Office of the
Legal Adviser, or L.
I know L well. I served as the Legal Adviser's counselor on
international law from 2009 to 2011 and as an expert adviser to
the office until 2013. I have been a member of the Secretary of
State's Advisory Committee on International Law for over a
decade.
Having provided legal advice to the department under both
Democratic and Republican administrations, I understand L's
important role. Its 300 attorneys and other professionals
provide objective advice on the law to the department and the
U.S. Government. They problem solve, they identify legal
constraints, and offer their best judgment to policymakers
seeking to advance U.S. interests. They help explain U.S.
Government legal positions to this Congress, the public, and
counterparts around the world.
I would bring a lifetime of knowledge to the office, if
confirmed. My experience overseeing the definitive treatise on
U.S. foreign relations law and serving as the U.S. Government
nominated expert to international bodies makes me keenly aware
of the challenges involved, particularly as states such as
Russia, China, and Iran pose growing threats to our global
legal order.
If given the honor of serving as Legal Adviser, I would
seek to provide balanced, clear, practical, and objective legal
advice of the highest quality.
I would do so with integrity, humility, and a full sense of
the great responsibility I would bear. I would commit to
maintaining close relations with Congress and this committee.
As a teacher, I often close my course with a quote from
Oliver Wendell Holmes: ``Go out and live greatly in the law,
find your passion, and wear your heart out after the
unattainable.'' We may not always be able to secure all our
aspirations as a nation for ourselves and humanity, but
grounded in our values, our Constitution, and our laws, we must
never waver from that quest.
It would be a privilege to serve the U.S. in this capacity
and I look forward to your questions.
[The prepared statement of Ms. Cleveland follows:]
Prepared Statement of Sarah H. Cleveland
Chairman Menendez, Ranking Member Risch, and members of the
committee, it is an honor to appear before you as President Biden's
nominee to serve as Legal Adviser to the Department of State. I am
deeply grateful to President Biden and Secretary Blinken for their
confidence and support. I also want to express my gratitude to the
Members of this Committee, and your staff, for your consideration. For
over twenty years, I have taught my students about the importance of
the constitutional role of Congress in U.S. foreign relations. I have
found my conversations with Members of this Committee enlightening, and
I look forward to our continued engagement, if confirmed.
I would like to introduce my daughter, Electa Cleveland, my son,
Richard Tuddenham, my brother, Grover Cleveland, and my life partner,
Roger Cohen, who are with me today. My 97-year old father, Melford
Cleveland, is watching from his home in rural Alabama, and my ailing
mother, Marcia Cleveland, who danced with the National Ballet here in
Washington, is with us in spirit. We all know the tremendous toll that
government service inflicts on loved ones. I want to thank my family
for their steadfast enthusiasm and support, and for all I have learned
from them. I love you deeply.
My family has worked at all levels of national, state and local
government. To them I owe my passion for public service. My father, a
law clerk to fellow Alabamian Justice Hugo Black, held his first legal
position in the Office of the Legal Adviser of the State Department--
the office to which, if confirmed, I would return as the second
Presidentially-appointed woman. He then served for 20 years in the
Justice Department, before completing his career as an Administrative
Law Judge for the Social Security Administration. My brother was legal
counsel to King County in Washington State. My great grandfather was
Speaker of the House of the Massachusetts legislature. And my
grandmother, Walter Frances Cleveland, was a public school teacher and
a member of the board of electors of her rural Alabama community. She
helped register numerous Black Americans to vote after World War II.
Inspired by their examples, it has been my mission to serve the
public good. I began as a law clerk to District Court Judge Louis
Oberdorfer and Supreme Court Justice Harry Blackmun. I have spent more
than two decades teaching students the central place of law in U.S.
foreign relations, first at the University of Texas, then at Columbia
University. Some of them are now among the excellent lawyers at the
Office of the Legal Adviser, or ``L'' as it is known. I know L well: I
served as the Legal Adviser's Counselor on International Law from 2009-
2011, and as an expert adviser to the office until 2013. I have been a
member of the Secretary of State's Advisory Committee on International
Law for over a decade.
Having provided legal advice to the Department under both
Democratic and Republican administrations, I understand L's important
role. Its three hundred attorneys and other professionals provide
objective advice on the law to the Department and the U.S. Government.
They problem solve. They identify legal constraints and offer their
best judgement to policy makers seeking to advance U.S. interests. They
help explain U.S. Government legal positions to Congress, the public,
and counterparts around world.
I would bring a lifetime of knowledge to the office, if confirmed.
My experience overseeing the definitive treatise on U.S. foreign
relations law and serving as the U.S. Government-nominated expert to
international bodies makes me keenly aware of the challenges involved,
particularly as states such as Russia, China and Iran pose growing
threats to our global legal order.
If given the honor of serving as Legal Adviser, I would seek to
provide balanced, clear, practical, and objective legal advice of the
highest quality. I would do so with integrity, humility, and a full
sense of the great responsibility I would bear. I would commit to
maintaining close relations with Congress and this Committee.
As a teacher, I often close my course with a quote from Oliver
Wendell Holmes: ``Go out and live greatly in the law, find your
passion, and wear your heart out after the unattainable.'' We may not
always be able to secure all our aspirations as a nation, for ourselves
and humanity. But grounded in our values, our Constitution and our
laws, we must never waver from that quest.
It would be an immense privilege to serve the United States in this
capacity. I look forward to your questions.
The Chairman. Thank you.
Mr. O'Brien?
STATEMENT OF JAMES C. O'BRIEN OF NEBRASKA, NOMINATED TO BE HEAD
OF THE OFFICE OF SANCTIONS COORDINATION, WITH THE RANK OF
AMBASSADOR
Mr. O'Brien. Thank you, Mr. Chairman, Ranking Member. It is
an honor to appear before the committee and to have been asked
to undertake this assignment, if the Senate agrees that I am to
be confirmed.
You each emphasized the role that this committee in
particular plays in shaping U.S. sanctions policy. I already
enjoy close relationships with some of your advisers. I expect
to deepen those relationships and engage with this committee if
I am confirmed to this position. I thank you for all the time
that you have given and the staff has given to my nomination.
I am also honored to be on this panel. These three people
are the best at what they do and I really hope we get the
chance to work together if the Senate decides that that is to
be.
I am here because of the support of my family--my wife,
Mary, my children, Sean and Jamie, my sisters, Meghan and Nan.
I want to offer a special word of thanks to my dad, Jim,
who is watching from Nebraska. His mother worked for Senator
Burke many years ago. So he has had the opportunity to revisit
some family history as I prepared for this hearing.
And I want to say a word about my late mother, Jane. She
died a year ago last week. It has been a difficult year for my
father. But I think now we are starting to see our way through
this.
She believed strongly in community service, having
supported efforts to bring refugees to Nebraska, to work with
integrating the people mentally challenged into their own
housing, to work with English as a second language students,
and to promote the sports among girls.
I think that heritage of community service makes me hope
that she would be proud of me for being willing to go back into
government service. I know she respected American institutions
and she would appreciate your role in deciding whether I am
suited to go back into public service.
I have worked in government almost 15 years of my career,
serving twice as Special Presidential Envoy. I worked as an
attorney adviser in L in my opening position in the U.S.
Government, and so I have been around U.S. sanctions policy for
more than 30 years.
I have seen how important sanctions are and I know it is
vital that we enforce and fully implement the sanctions that we
have on the books, and so I commit myself that that will be a
major part of my work if I am confirmed.
In preparing for our consultations, I have been very
impressed by the investment the executive branch has made in
identifying sanctions targets and trying to develop the
programs so that they can be effective.
There are several hundred people at State and Treasury as
well as the Department of Commerce, the White House, the
intelligence community, working on these issues.
As the Treasury Department noted in its review published
several months ago, it alone has submitted almost 9,500
individual sanctions over recent years. There are 20
independent sanctions programs and scores of legislation and
executive orders to be coordinated. So there is a lot of work
to do to see that this is effective.
Mr. Chairman, you asked how I would intend to do this. One
is with a lot of help. I will need the colleagues from across
the executive branch and also those in this room and across the
Congress to be sure that U.S. policy is clear and forceful.
I want to emphasize just a few points. First, sanctions are
part of a strategy. They cannot be the strategy.
So I will work with the colleagues responsible for U.S.
policy so that we are clear about what we intend by sanctions,
they have clear goals, we understand the power structures we
are trying to enforce, and we are adaptable so that when the
targets of our sanctions seek to evade them we are able to
respond.
Secondly, we have to understand both the effectiveness of
our sanctions and their impacts and, in particular, we need to
look at the humanitarian consequences of sanctions policy.
Nothing undermine sanctions more quickly than the idea that
they are hurting the innocent bystanders, and so I look forward
to working with you to be sure that we achieve the goals of our
sanctions while not hurting those who are not the intended
targets.
The third point is we have to work with our partners. Mr.
Chairman, you mentioned that I would be a lead diplomat. I
intend to work not only on my own but with all of my colleagues
from across the Administration such as ambassadors in post
because we need everyone to speak with one voice about what the
U.S. expects from our partners and what we can learn from our
partners so that we work well together.
Finally, Mr. Chairman, sanctions are vital to the fight
against corruption. This committee and others in Congress have
been resolute in declaring corruption to be a threat to the
United States.
President Biden has established a strong national strategy
to combat corruption globally, and I see the role of sanctions
as a critical part in this and also in bringing forward the use
of all the tools that are available to fight corruption.
With that, we can attack not only the targets--the people
who are responsible for human rights abuses and violations of
law that cause us to want to sanction them--but we will be able
to get at the networks of enablers that they rely upon to be
able to attack our national security.
So with that, Mr. Chairman, Ranking Member, I appreciate
the consideration so far and I look forward to further
conversation.
[The prepared statement of Mr. O'Brien follows:]
Prepared Statement of James C. O'Brien
Mr. Chairman, Ranking Member, and distinguished members of the
committee, I am honored to appear before you today. Thank you for
considering my nomination, and I also thank the committee staff for
meeting with me.
I am here because of the support of my wife Mary, our children Sean
and Jamie, my father Jim, and my sisters Meghan and Nan. My mother,
Jane, died just over a year ago. She was the bedrock of our family and
instilled a love of community and public service that has shaped my
life.
Mr. Chairman and Ranking Member, I welcome the opportunity to
return to public service if I am confirmed. I began my career as an
attorney-adviser in the State Department in 1989 and was proud to serve
the U.S. Government and the American people until 2001, when I finished
an assignment as presidential envoy for the Balkans upon the democratic
transition in Serbia. In 2015, I became the first U.S. presidential
envoy for hostage affairs, a position that allowed me to work with many
brave Americans seeking the safe return of their family members. It was
a privilege.
I am honored that President Biden and Secretary Blinken have
nominated me to be Sanctions Coordinator. I thank the committee for its
strong advocacy--collectively and through several members--for the
position. If confirmed, I look forward to consulting closely with
Committee staff and with each of you.
Sanctions can be very powerful, and the use or threat of sanctions
can be extraordinarily effective when in support of a coherent strategy
and in concert with other elements of national power. The Executive
Branch under both parties and, with the urging of Congress, has
invested considerable resources in the U.S. capacity to design,
implement, and enforce sanctions. From my informal count, there are
hundreds of officials at the Departments of State and the Treasury, as
well as in other agencies, working to develop and implement authorities
that promote anticorruption, human rights, counterterrorism,
counternarcotics, nonproliferation, and other core principles of U.S.
policy. I am committed to making sure we preserve and enhance the
effectiveness of sanctions. If confirmed, I look forward to working
with these officials, as well as those responsible for other tools of
foreign policy and economic statecraft.
The scale of this effort means that proposals for sanctions arise
across the U.S. Government on different timelines and for disparate
reasons. The recent U.S. Treasury review of its sanctions noted an
increase in individual sanctions designations, under Treasury
authorities alone, to more than 9,421 in 2021. Each must be coordinated
by and with officials responsible for other facets of U.S. policy. This
poses several challenges.
First, sanctions must be part of a strategy; they themselves cannot
be the strategy. As the Treasury review notes and the Department of
State has also expressed, each sanction, however well-justified, should
support a clear policy objective and rest upon analysis of
alternatives, effects, and support from our partners. This requires
that its purpose be understood beyond the U.S. Government, that we work
with other governments, including at the United Nations, and that we
maintain and adapt sanctions regimes as technology changes and targets
of sanctions react. The Office of the Sanctions Coordinator cannot do
this alone and the office's success will require the leadership and
cooperation of colleagues from across the Government, the Department,
and especially from our embassies.
Second, we must do more to understand both the effectiveness and
the effects of U.S. sanctions, in particular human consequences.
Sanctions may serve many purposes, and we should know both what our aim
is and whether we have hit it. We should also work to avoid causing
unintended consequences and take into account the effects on U.S.
businesses and competitiveness. The White House has announced a review
of the humanitarian consequences of sanctions, and I look forward to
being active in those discussions if I am confirmed before the review
is complete.
Each of these goals requires that the U.S. Government and our
partners engage regularly with the business community and with
nongovernmental bodies and independent journalists. These groups add to
our understanding of the impact of our sanctions actions and where they
may help us achieve our foreign policy goals.
Third, if confirmed, I look forward to engaging with our global
partners whose cooperation will make sanctions programs more effective.
This would again require that the Sanctions Coordinators' office work
closely with US missions abroad and other officials who engage other
governments.
Finally, sanctions are crucial to the fight against corruption. The
administration has put forward a robust strategy, and Secretary Blinken
has announced that the Department will appoint a senior anticorruption
coordinator. If confirmed, I look forward to working with the
coordinator to address the threat from corrupt actors and the networks
that enable them.
Thank you again for the opportunity to appear before you today and
for considering my nomination. I look forward to answering your
questions.
The Chairman. Thank you.
Mr. Tsunis?
STATEMENT OF GEORGE J. TSUNIS OF NEW YORK, NOMINATED TO BE
AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED
STATES OF AMERICA TO GREECE
Mr. Tsunis. Thank you.
Chairman Menendez, Ranking Member Risch, esteemed members
of the committee, I am honored to appear before you today as
President Biden's nominee to be the U.S. Ambassador to Greece,
and I thank Senator Paul and Senator Casey for their
introduction.
I thank the President and Secretary Blinken for their trust
and confidence in me and I am grateful to this committee for
considering my nomination.
But most of all, if you will permit me, I want to express
my heartfelt thanks to my parents. They heard Emma Lazarus'
calling and they immigrated to this country from Greece to
build a better life for themselves and our family.
My family is very cognizant of the fact that if it was not
for the Truman Doctrine, the world's first democracy would have
been pulled into the Soviet orbit. If not for the Marshall
Plan, Greece would have had descended into mass starvation and
poverty, and very likely my family as well.
I would not be here today if it was not for the United
States' willingness to provide opportunity for immigrants like
my mom and dad and for first-generation Americans like me. I am
humbled by the President's nomination and I view it as a chance
to give back to the country that has given me and my family so
much.
I would also like to thank my wife, Olga, whose mom and dad
also immigrated from Greece, and our three children--James,
Eleni, and Yanna. They are my bedrock of support.
I would like to thank former Senator Alfonse D'Amato, my
former boss, who is here to offer moral support. Thank you,
Senator.
It is not an exaggeration to say that I am blessed to live
the American dream. After attending law school, I have worked
in government as an associate in a small law firm and then a
partner in a large firm until I followed my father in business
as an entrepreneur when I founded Chartwell Hotels.
During my tenure as CEO, Chartwell has weathered
recessions, pandemics, and experienced unprecedented growth.
Having witnessed the strength and resiliency of U.S. business
in the international marketplace, I understand the importance
of expanding our global business and trade and its effect on
U.S. jobs as well. As an executive in the hospitality industry,
I also understand how important it is to take care of people.
If confirmed, my top priority would be to ensure the safety
and security of the Americans who live, work, and travel to
Greece.
Throughout my career, I have maintained a strong interest
in foreign and economic affairs. I have had the pleasure of
contributing to public policy as a member of the Brookings
Institution Foreign Policy Leadership Committee and a trustee
with the Business Executives for National Security.
If confirmed, I arrive in Athens at a crucial moment in
U.S.-Greece relations. Our relationship is at an all-time high.
The Annual Strategic Dialogue has helped define the key pillars
of the U.S.-Greece relationship, including cooperation on
defense and security, law enforcement and counterterrorism,
trade and investment, disaster preparedness, energy and
climate, and people-to-people ties.
Greece continues to make progress on all fronts as it
pursues economic revitalization, overcomes the challenges of
the pandemic, and grapples with tensions in the Eastern
Mediterranean. What happens in Greece matters, not just for
Greece but for the Eastern Mediterranean region, NATO, the
European Union, and the United States?
Opportunity is vital to the United States and to Greece. If
confirmed, my top economic commercial goals will be to build on
the efforts to accelerate trade and investment opportunities.
The United States and Greece have made tremendous progress
on energy cooperation. If confirmed, I will encourage Greece to
continue investing in renewable energy as well as projects
important to regional energy security, including the
interconnector with Bulgaria, the interconnector with North
Macedonia, the Alexandroupolis Floating Storage Regasification
Unit, and electricity interconnectors that can support both gas
and renewable energy sources.
We are seeing an increased U.S. investment in Greece and
renewables. I believe there is room for greater cooperation.
The United States benefits from a strong growing bilateral
defense relationship with our NATO ally, Greece. If confirmed,
I will continue to deepen this key relationship.
Particularly noteworthy is the long-standing United States
military presence at Souda Bay on the island of Crete from
which the military conducted approximately 2,500 flights and
143 ship visits in 2021 alone.
Our defense relationship has grown significantly over the
last five years, including through updates to the Mutual
Defense Cooperation Agreement and greater training and
deployment in Greece.
People-to-people ties are the bedrock of the U.S.-Greek
relationship. If confirmed, I look forward to working with the
Greek cultural institutions, NGOs, municipalities, individual
citizens, the diaspora, this committee, to nourish these ties.
Finally, if confirmed, I will work with an outstanding
Mission Greece team in an inclusive manner to bolster this
already strong relationship.
Thank you for the opportunity to be here before you. I
welcome your questions.
[The prepared statement of Mr. Tsunis follows:]
Prepared Statement of George Tsunis
Chairman Menendez, Ranking Member Risch, and esteemed members of
the committee, I am honored to appear before you today as President
Biden's nominee to be the U.S. Ambassador to Greece and I thank Senator
Paul and Senator Casey for their introductions. I thank the President
and Secretary Blinken for their trust and confidence in me, and I am
grateful to this committee for considering my nomination.
But most of all and if you will permit me, I would like to express
my heartfelt thanks to my parents. They heard Emma Lazarus' calling and
immigrated to this country from Greece to build a better life for
themselves and our family. My family is cognizant of the fact that if
not for the Truman Doctrine, the world's first democracy would have
been pulled into the Soviet orbit, and if not the Marshall Plan, Greece
would have descended into mass starvation and poverty. I would not be
here today were it not for the United States' willingness to provide
opportunity for immigrants like my parents and for first-generation
Americans like me. I am humbled by the President's nomination and view
it as a chance to give back to the country that has given me and my
family so much. I would also like to thank my wife Olga and our three
children--James, Eleni, and Yanna--who are my bedrock of support.
Thanks also to former Senator Alfonse D'Amato, my former boss, who's
here to offer moral support. Thank you, Senator.
It is not an exaggeration to say that I have been blessed to live
the American dream. After attending law school, I worked in government
as an associate in a small law firm and then as a partner in a large
firm until I followed my father into business as an entrepreneur when I
founded Chartwell Hotels. During my tenure as CEO, Chartwell weathered
the recession and experienced unprecedented growth. Having witnessed
the strength and resilience of U.S. business in the international
marketplace, I understand the importance of expanding our global
business and trade. As an executive in the hospitality industry, I also
understand how important it is to care for people. If confirmed, my top
priority would be to ensure the safety and security of the many
Americans who live, work, and travel in Greece.
Throughout my career, I've maintained a strong interest in foreign
and economic affairs, and I've had the pleasure of contributing to
public policy as a member of the Brookings Institution's Foreign Policy
Leadership Committee and as a trustee with the Business Executives for
National Security.
If confirmed, I will arrive in Athens at a crucial moment in U.S.-
Greece relations. Our relationship is at an all-time high. The annual
Strategic Dialogue has helped define the key pillars of the U.S.-Greece
relationship, including cooperation on defense and security, law
enforcement and counterterrorism, trade and investment, disaster
preparedness, energy and climate, and people-to-people ties. Greece
continues to make progress on all fronts as it pursues economic
revitalization, overcomes the challenges of the pandemic, and grapples
with tensions in the Eastern Mediterranean. What happens in Greece
matters--not just for Greece, but for the Eastern Mediterranean region,
NATO, the European Union, and the United States.
Economic opportunity is vital to the United States and to Greece.
If confirmed, my top economic and commercial goals will be to build on
efforts to accelerate trade and investment opportunities.
The United States and Greece have made tremendous progress on
energy cooperation. If confirmed, I will encourage Greece to continue
investing in renewable energy as well as projects important to regional
energy security, including the Interconnector Greece-Bulgaria, the
Interconnector Greece-North Macedonia, the Alexandroupoli Floating
Storage Regasification Unit, and electricity interconnectors that can
support both gas and renewable energy sources. We are seeing increased
U.S. investment in renewables. I believe there is room for even greater
cooperation.
The United States benefits from a strong and growing bilateral
defense relationship with our NATO ally, Greece. If confirmed, I will
continue to deepen this key relationship. Particularly noteworthy is
the long-standing U.S. military presence at Souda Bay on the island of
Crete from which the military conducted around 2,500 flights and 143
ship visits in 2021 alone. Our defense relationship has grown
significantly over the last five years, including through updates to
the Mutual Defense Cooperation Agreement and greater training and
deployments in Greece.
People-to-people ties form the bedrock of the U.S.-Greece
relationship. If confirmed, I look forward to continuing to work with
Greek cultural and educational institutions, NGO's, municipalities,
individual citizens, and the diaspora to nourish these ties.
Finally, if confirmed, I will work with the outstanding Mission
Greece team, in an inclusive manner, to bolster this already strong
relationship.
Thank you for the opportunity to appear before you. I welcome your
questions.
The Chairman. Thank you.
Dr. Van Schaack?
STATEMENT OF BETH VAN SCHAACK OF CALIFORNIA, NOMINATED TO BE
AMBASSADOR-AT-LARGE FOR GLOBAL CRIMINAL JUSTICE
Ms. Van Schaack. Chairman Menendez, Ranking Member Risch,
distinguished members of this committee and your staffers,
thank you so much for the opportunity to appear before you
today.
I am very touched by Senator Booker's lovely and somewhat
hyperbolic introduction. It is a great honor to have been
nominated by President Biden to return to the office where I
once served as deputy and to be Ambassador-at-Large for Global
Criminal Justice.
I am grateful to the President and to Secretary Blinken for
the confidence they have placed in me and also for giving me
the opportunity to return to public service to advance global
justice on behalf of the American people.
I am very pleased to be accompanied today by my husband,
Brent Lang, and one of my dearest friends, Kim Keating.
Supporting me virtually are my mom, Carol, and my two kids,
Miles and Brooke. They are joining us from their respective
perches at the universities of the great states of Washington
and Michigan, respectively.
I am also thinking today of my late father, Eric, who was a
veteran of the U.S. Army and who would be so proud of his two
daughters--me, as I sit here before you today, and my sister,
who is a devoted pediatrician and also a veteran of the U.S.
Army.
My family has been an endless source of love and support
over the course of my career in international justice, and for
that I am forever grateful.
I am confident that my previous professional experiences
position me well to lead the Office of Global Criminal Justice,
which, as was mentioned, helps to advise the department and the
interagency and Congress on U.S. policies on atrocities
prevention and response and also to advance international
justice efforts around the globe.
I started my legal career in the Office of the Prosecutor
of the two War Crimes Tribunals for the former Yugoslavia and
for Rwanda during the Renaissance of the Field in the 1990s.
Since then, I have worked in the field of transitional
justice and on behalf of victims of grave international crimes
as a practicing lawyer, as an academic, as a civil society
advocate, as a diplomat, and as a mentor.
If confirmed, I hope that I will bring lessons learned from
all of these incarnations to the role of Ambassador-at-Large
and also to draw inspiration from the aspirations of survivors
for justice and accountability.
If confirmed, I look forward to working with colleagues in
the department, the interagency, here in Congress, and within
civil society to advance the following interlocking priorities.
First, I would work to ensure that the United States
provides steady leadership for international justice efforts
around the world to tackle impunity and to ensure fair and
effective proceedings in regional, international, hybrid, or
national courts.
Second, if confirmed, I would ensure that the Office of
Global Criminal Justice provides trustworthy expertise to
department leadership, to our embassies and posts around the
world, on the whole range of transitional justice mechanisms
that are available to states emerging from situations of armed
conflict or violence.
Third, I would work with other relevant offices to
strengthen the atrocities prevention architecture across the
United States Government to ensure a timely early warning and a
robust response.
Fourth, I would commit to fully implementing the vitally
important pieces of legislation that have emerged recently from
Congress, including the groundbreaking Global Magnitsky and
Global Fragility Acts, the Uighur Human Rights Policy and
Forced Labor Acts, and the Elie Wiesel Act.
As you all well know, this a deeply bipartisan portfolio
and, if confirmed, I look forward to building strong
partnerships with members of Congress and all of your dedicated
staff to ensure the robust execution of U.S. laws.
Fifth, I pledge to be a careful steward of the funds that
Congress has entrusted to the Office of Global Criminal
Justice, including with respect to the groundbreaking War
Crimes Rewards program.
And finally, if invited to serve, I look forward to joining
a tremendous team of civil servants, Foreign Service officers,
and subject matter experts who are working tirelessly on a
daily basis on behalf of victims of grave international crimes.
In this regard, I support work to diversify the department.
I will mentor with care the next generation of U.S. diplomats
and I will ensure the ability to foster morale within our
office, notwithstanding its difficult subject matter.
Needless to say, there is much work to be done, given the
rise of authoritarianism, the endurance of brutal conflicts
around the world, and retrenchments in states' respect for
human rights.
The United States was present at the founding of the Field
of International Justice and, if confirmed, I will devote all
of my energies to building upon this proud Nuremberg legacy
within contemporary U.S. foreign policy.
I hope with these brief remarks I have conveyed my passion
for the work, the broad-based expertise I would bring to the
role of Ambassador-at-Large for Global Criminal Justice, and my
enduring commitment to enhancing U.S. foreign policy around
atrocities prevention and response.
Thank you, Mr. Chairman, Ranking Member Risch, members of
the committee, for your consideration of my nomination. It
would be a great honor to return to the State Department, and I
look forward to your questions and, if confirmed, to working
diligently with all of you all on these matters. Thank you.
[The prepared statement of Ms. Van Schaack follows:]
Prepared Statement of Beth Van Schaack
Chairman Menendez, Ranking Member Risch, and distinguished members
of this committee--thank you for the opportunity to appear before you
today. I am very touched by Senator Booker's generous introduction.
It is a great honor to have been nominated by President Biden to
serve as Ambassador-at-Large for Global Criminal Justice and to return
to the State Department office where I once served as Deputy. I am
grateful to the President and to Secretary Blinken for the confidence
they have placed in me and for giving me the opportunity to return to
public service to advance global justice on behalf of the American
people.
I am pleased to be accompanied today by my husband, Brent, my mom
Carol, and my kids Miles and Brooke, who are joining us from the
universities of the great states of Washington and Michigan,
respectively.
I am thinking today of my father, a veteran of the U.S. Army, who
would be very proud of his two daughters: me, as I sit before you
today, and my sister, a devoted pediatrician and also an Army veteran.
My family has been an endless source of love and support over the
course of my career in international justice and for that I will be
forever grateful.
I am confident that my previous professional experiences position
me well to lead the Office of Global Criminal Justice, which helps to
advise on the United States' policies around atrocities prevention and
response and to liaise with international justice efforts around the
world.
I started my legal career in the Office of the Prosecutor of the
Yugoslavia War Crimes Tribunal in the 1990s, during the renaissance of
the field of international criminal law. Since then, I have worked in
the areas of international and transitional justice, and on behalf of
victims of grave human rights abuses--as a practicing lawyer, a
diplomat, a civil society advocate, an academic, and a mentor. If
confirmed, I will bring lessons learned from all these incarnations to
the role of Ambassador-at-Large and draw inspiration from the demands
of survivors for justice and accountability.
First, I would work to ensure that the United States provides
steady leadership in efforts to advance justice around the world--in
international, regional, hybrid, or national courts and tribunals--to
tackle impunity while ensuring fair and effective proceedings.
Second, if confirmed, I would ensure that the Office of Global
Criminal Justice provides trustworthy expertise to Department
leadership and our embassies and posts around the globe on the whole
range of transitional justice tools that are available to states,
including civil and criminal justice processes, truth-telling and
historical memory exercises, reparations, psycho-social rehabilitation,
and other measures to protect against a recurrence of violence.
Third, I would work with other relevant offices to strengthen the
atrocities prevention and response architecture across the U.S.
Government to ensure timely early warning and a robust response.
Fourth, I would commit to fully implementing the vitally important
pieces of legislation Congress has enacted, including the
groundbreaking Global Magnitsky, Uyghur Human Rights Policy and Forced
Labor, and Elie Wiesel Acts as well as the suite of statutes allowing
for the prosecution of individuals who stand accused of committing
grave international crimes. As you well know, this is a deeply
bipartisan issue, and--if confirmed--I look forward to building strong
partnerships with members of Congress to ensure the robust execution of
U.S. laws around atrocities prevention and response.
Fifth, I pledge to be a careful steward of the funds Congress has
entrusted to the Office of Global Criminal Justice, including the War
Crimes Rewards Program.
And finally, if invited to serve, I look forward to joining a
tremendous team of civil servants, foreign service officers, and
subject matter experts who are dedicated to working tirelessly on
behalf of victims of atrocity crimes the world over. I commit to
contributing to efforts to diversify the Department, to mentoring with
care the next generation of U.S. diplomats, and to maintaining morale
notwithstanding the office's difficult subject matter.
Given the rise of authoritarianism, the endurance of brutal
conflicts around the world, and retrenchments in states' commitments to
respect human rights, there is much work to be done. The United States
was present at the founding of the field of international justice,
and--if confirmed--I will be committed to building upon this proud
Nuremberg legacy within contemporary U.S. foreign policy.
I hope with these brief remarks I have conveyed my passion for this
work, the broad-based expertise I can offer, and my enduring commitment
to enhancing U.S. foreign policy around atrocities prevention and
response.
Thank you Mr. Chairman, Ranking Member, and members of this
committee for your consideration of my nomination. It would be a great
honor to return to the State Department and to the Office of Global
Criminal Justice. I look forward to your questions and, if confirmed,
to working diligently with you on these issues.
The Chairman. Thank you. Let me just take a moment also to
acknowledge Senator D'Amato. We appreciate your service to our
country and we welcome you to the committee here today.
We will turn to a round of five-minute questions by
members. Before I do, I have questions that are asked on behalf
of the committee as a whole. I ask each of you to give me a
verbal yes or no response to each of these questions.
They are questions that speak to the importance that this
committee places on responsiveness by all officials in the
executive branch and that we expect and will be seeking from
you. So please just provide a yes or no answer.
Do you agree to appear before this committee and make
officials from your office available to the committee and
designated staff when invited?
We will go down the aisle.
[All witnesses answer in the affirmative.]
The Chairman. Do you commit to keep this committee fully
and currently informed about the activities under your purview?
[All witnesses answer in the affirmative.]
The Chairman. Do you commit to engaging in meaningful
consultation while policies are being developed, not just
providing notification after the fact?
[All witnesses answer in the affirmative.]
The Chairman. Do you commit to promptly responding to
requests for briefings and information requested by the
committee and its designated staff?
[All witnesses answer in the affirmative.]
The Chairman. Thank you. All four nominees have answered
yes to all of the questions. The chair will reserve his time.
Let me turn to the distinguished Ranking Member, Senator
Risch, for his questions.
Senator Risch. Thank you, Mr. Chairman.
Ms. Van Schaack, what are your thoughts on the ICC?
Ms. Van Schaack. Yes, thank you for that question, Senator
Risch.
The United States has a long history of supporting
international justice institutions, as I mentioned, dating back
to the Nuremberg era, to the 1990s with the Renaissance of the
Field of International Justice and now to contemporary
investigative mechanisms working around the globe to document
and hold accountable those who stand accused of committing
grievous international crimes.
I think the International Criminal Court is a part of that
larger system. I think in an ideal world domestic courts would
handle the bulk of these matters and there is work to be done
with respect to U.S. foreign policy and programming to help
develop domestic capacity so that domestic courts can handle
that.
But in situations in which those domestic courts are
genuinely unwilling or unable to do so, there may be a role for
international institutions to step in.
The United States has a long-standing objection to the
International Criminal Court exercising jurisdiction over the
nationals of nonparty states, such as the United States, and I
will continue to advance that objection, if confirmed, as I
have done in the past.
But I do think that there are situations around the globe
where there is a role for the International Criminal Court to
play when the state has accepted jurisdiction or the court has
jurisdiction by virtue of a referral from the Security Council
exercising its peace and security mandate under the U.N.
Charter.
Senator Risch. I think that is an excellent analysis,
really. I have objected to our participation in ICC just
because of the way they have acted over the years and it is
unfortunate, because the idea of an ICC, as you point out,
going back to the Nuremberg trials is certainly, a laudable
idea.
The difficulty, of course, is we wind up with such a
tremendous prejudice against us and, for that matter, Israel
finds itself in the same position, that we cannot subject
ourselves to the jurisdiction of the ICC.
Those of us who work in the law are always stunned by how
other countries--less developed countries--approach the law and
have such a different view of what justice is than we do.
So at the present time, in any event, our membership in the
ICC is probably--not probably, is not in the cards, and your
answer to the fact that it does provide some jurisdiction and
relief in some areas, I think, is appropriate.
But at the present time, our submission to that just is not
appropriate. Are you in agreement with my analysis of the ICC?
Ms. Van Schaack. Yes. Thank you for that analysis. I do
think, and, as I mentioned, there is a role to be played and
that we should be in a position to support proceedings before
the court if it aligns with our foreign policy priorities, if
it advances our national security interests, and if that work
is, ultimately, in keeping with our core values around justice
and accountability.
Senator Risch. Thank you much. I appreciate that.
Ms. Cleveland, let me--I want to tell you that we are
hoping for big things from you. This committee is getting what
my staff calls the Heisman from the legal department. That is,
we get a stiff arm and that is about all.
Just as an example, we asked for the department's response
regarding the sanctions that are supposed to be put in place
under Nord Stream 2, and this is a quote from the response we
got from the legal team. Quote: ``We want to know why the
sanctions were not put in place.'' This is a quote: ``We
applied the statute. We looked at the relevant facts and
determined the entity met the exception.''
That is not what I expect from a lawyer, and gosh, you have
got a heavy lift over there. And we are not the enemy on this
committee.
Certainly, we are a different branch of government and
sometimes have competing interests. But it is really important
that we work together, particularly, in some of these areas.
So your thoughts?
Ms. Cleveland. Thank you, Ranking Member Risch, and I have
heard this concern clearly from both your staff and Chairman
Menendez, and other members of your committee. I know it is a
bipartisan concern.
As a teacher of U.S. foreign relations for over 20 years, I
have always led my class with the importance of the
constitutional role of Congress in foreign relations, including
oversight, and I would firmly commit to making sure that your
role is supported by receiving the information you need from
the Office of the Legal Adviser, if I were confirmed.
Senator Risch. That answer works for me. I hope you can
execute. Thank you, Mr. Chairman.
The Chairman. Amen to that.
Senator Cardin?
Senator Cardin. Thank you, Mr. Chairman, and let me thank
all four of our nominees for their willingness to serve our
nation, and we also thank your families.
Mr. O'Brien, I appreciated our conversation where we went
over the importance of congressional sanction laws, including
the Global Magnitsky, and the importance of coordinating those
activities between the Administration and Congress so that we
can be all on the same page on this.
We need to be more aggressive in the use of sanctions, and
I look forward to working with you as we identify areas in
which we think we can make some progress.
Professor Van Schaack, I want to talk a little bit about
the legislations that you mentioned. They are bipartisan,
including the Elie Wiesel Anti--Atrocities Prevention Act, and
that was bipartisan.
I introduced it with Senator Young. It requires certain
reports with Congress. The objective here is to prevent
atrocities. That is, certainly, our goal. In order to do that,
we have to have accountability for any activities and crimes
that are committed.
I know that Secretary Blinken will be talking about this
later this month in regards to compliance with the Atrocities
Prevention Act, but I would like to get your views as to how
aggressive you will be in the use of that statute and the use
of your office working with Congress to deal with atrocities
prevention and accountability for those who commit these
crimes.
Ms. Van Schaack. Thank you so much for that question and,
frankly, for your leadership in this area. It is much
appreciated, I know, from victims and survivor organizations
around the world.
I can tell you that I would wake up every morning in this
position, if I were confirmed, to think how can I push this
portfolio forward today--what can I do today to advance justice
around the world.
And I think the Elie Wiesel Act provides an incredibly
important framework and a set of tools to strengthen the United
States' response around both atrocities prevention and our
ability to provide accountability for victims when it comes to
perpetrators of grave international crimes.
I think there are a whole range of things we can do and
each situation is unique in terms of the vectors of violence,
the way in which resiliencies operate, the triggers for
violence, the role of peace builders within those societies.
And so each situation will require, I think, a bespoke
response and that is one place where I think the Office of
Global Criminal Justice, working with like-minded offices
around the building and within the interagency, can work to
coordinate a whole range of responses that would incapacitate
perpetrators, document abuses, provide financial, operational,
technical, diplomatic support to existing justice efforts to
documentation efforts, and I think the office, while small, can
play a really important coordination role in this regard.
So, if confirmed, I would pledge to, as I mentioned, work
hard because, frankly, the victims of the world deserve our
best efforts in this regard.
Senator Cardin. And let me just add one additional part
that I hope you would call upon us and Congress if you need
additional support, resources, or legislation in order to
support your efforts.
Because I agree with you, there is no higher priority than
preventing atrocities and there are so many areas in the world
today in which we see the circumstances that very clearly are
moving towards atrocities and genocide.
You know you have partners here in Congress. Please work
with us in order to make U.S. leadership effective in
preventing atrocities.
Ms. Van Schaack. Thank you. I will, Senator.
Senator Cardin. Professor Cleveland, I just really want to
underscore what Senator Risch said because there is bipartisan
support in this committee, what the Chairman said in his
opening comments about the use of Article Two. I would add to
that the way in which delegated authority under the AUMF is
handled by the Administration.
I recognize you have a client and you have to serve that
client. But I also recognize that an open process with Congress
and a very transparent process is critically important to the
integrity of the rule of law, and the message that you have
been teaching your students about the constitutional
protections we have and their authorities of the Article One--
the legislative branch of government.
So there would be no surprise that many of us totally
disagree with the interpretations under the 2001 AUMF. We
recognize the history over many administrations.
My question to you is not to get into the specifics on the
2001 AUMF but to have your commitment to work with us in a very
open, transparent way as to how we can best serve our country
and Congress carrying out its responsibilities.
We recognize that the President has Article Two powers. But
we also recognize that when we delegate authority under an AUMF
there has got to be a reasonable interpretation of that
authority because it will affect future actions by Congress
where we want to give some flexibility to the President but we
will be reluctant if we do not have an understanding as to how
these authorities are going to be interpreted.
Ms. Cleveland. Absolutely, Senator. Under Article One,
Congress has the power to declare war and AUMFs are an exercise
of that authority.
They are not a blank check for future use of force by the
executive branch, and I would certainly commit to working
closely with this committee on the shared goal, I think, with
this administration of narrowing and making more specific a
successor or revised version of the 2001 AUMF.
Senator Cardin. Thank you. Thank you, Mr. Chairman.
The Chairman. Thank you.
Senator Paul?
Senator Paul. Mr. O'Brien, you mentioned in your opening
remarks that sanctions need to be part of a strategy. I could
not agree more. I would argue, though, that the vast majority
of our sanctions have no strategy or have an incomprehensible
strategy.
I will give you a couple of examples. For example, we are
going to be debating later today or tomorrow whether or not we
should sanction Nord Stream 2.
I have asked the sponsors of the bill what their strategy
is, what is the behavioral change you would like on the part of
Russia or Germany, and they said, we just do not want the
pipeline.
We do not want them to sell oil to each other, sell natural
gas to each other. And it is, like, well, that is not really a
strategy that is achievable and not really one that, really,
should be the role of the United States between two sovereign
nations to say, oh, you cannot sell natural gas to each other.
The other problem with the sanctions is we are really eager
to put them on people but we never articulate a reason to take
them off. The threat of sanctions can actually have some
effect.
For example, Germany and the United States came to an
agreement last summer and they did issue a very succinct
statement saying that if Russia were to invade or otherwise
violate the integrity of Ukraine that there will be
repercussions with regard to the pipeline and that--I think the
threat of an action may have some deterrence.
But if we just say tomorrow we are no longer going to let
you sell gas between Russia and Germany, I do not know what
deterrence that effect has and what does--when are we going to
remove those sanctions.
If you do not articulate what you are going to do to--what
the other country needs to do to remove the sanctions, why have
the sanctions at all?
There are categories of sanctions where I do not think you
are really trying to change a country's behavior. You just want
to punish people. So you want to punish people for being
corrupt? Fine.
I voted for those, and maybe those have a deterrent effect
the same way we have a punishment for crime here deters other
people from committing those crimes. You can make that
argument.
But it is hard to imagine--so, for example, we have
sanctions on members of the Russian legislation--legislature
because they advocated for the takeover--they complimented
Putin for the takeover of Crimea.
When will those be removed, when Russia gives back Crimea?
I guess that will be in the next Ice Age or something. They are
never going to be removed. And so if we do not offer to remove
sanctions or give countries a reason why we will remove
sanctions, then they are of no value.
I would argue that it is very difficult to see a behavior
that China has changed or Russia has changed or even Iran.
People say, well, the sanctions against Iran worked. They were
international so they were more formidable.
But the reason they also worked is we finally went to Iran
and said, if you do this we will do this. If you do not offer
to do something, if it is always just punishment, punishment,
punishment, and all you are going to do is say, we are unhappy
with you, they are of no value. In fact, they just make it
worse and make international relations worse.
I know you do not make the policy. We do, and this is more
of a speech directed towards my fellow senators than you. But
the question I would ask you is what behavior do you see that
has changed in Russia or China because of our sanctions? Not
the criminal sanctions. I am talking more about sanctions
concerning policy.
Mr. O'Brien. Sorry. Thank you, Senator.
I agree with a lot of the analysis, and I look forward to
working with you and making sure that we do set clear
expectations, that the targets of our sanctions know what
behavior they are supposed to undertake in order to have--to
see sanctions relief, but that our partners also agree with us
that the sanctions are part of the strategy and that we agree
on when success has been achieved.
I think you raise a number of questions applying across
sanctions policies, I think, requires a sort of deeper dive.
With regard to Russia and China, each of them in some way
is acting as a malign and revisionist power at the moment. I
think it is important that we attack the roots of that power
and not simply some of the symbols.
And so I look forward to working with colleagues both in
the executive branch and here to be sure that we understand
what we are trying to accomplish when we do use sanctions, and
that piece, I think, is important.
I oversaw a sanctions program years ago where it became
clear that by relieving certain sanctions we could moderate
some behavior, but that other sanctions were very effective at
disrupting the core real power structure in the society and
really did change policy behavior, and I think that that kind
of analysis may be available to us, but that is something I
look forward to working with you and your colleagues more on.
And I will just close by saying that one theme throughout
my consultations with both majority and minority and with
members of the committee has been the desire to have more
conversation while sanctions are under consideration, and I
will commit to that because I think a discussion about what our
goals are early can often avoid the kind of showdown that
happens when we are looking at a specific action. And so I will
be happy to be part of those conversations, going forward.
The Chairman. Thank you. Let me thank the Senator for his--
I think there are some very worthy insights, both as it relates
to Nord Stream and beyond as it relates to how do we also
consider how sanctions are relieved as a measure for people to
be induced to do something because they want the relief from
it. So we appreciate those insights.
Senator Booker?
Senator Booker. Thank you very much, Mr. Chairman. What I
want to get back to with Dr. Van Schaack is just the issue of
the ICC, which is, frankly, a lot more complicated, I think,
given some of the decisions by the Trump administration and
others.
I look at the Horn of Africa, for example, and the
challenges we are facing with a lot of African countries
because of the steps the ICC has taken, failing to do, as you
said in your wonderful analysis to Senator Risch, looking less
likely that they are going to comply or invite in the ICC's
authority, and it creates a very difficult environment in a
region in the Horn of Africa that is ripe with internationally
human--international human rights violations.
And so I am wondering how you create that balance of the
legitimacy of the ICC along with the urgency to get the
participation of many of those nations.
Ms. Van Schaack. Yes. Thank you for that question and I
share your concern about the situation in the Horn of Africa
and the deterioration there and, frankly, the risk of civilians
in--either caught in the crossfire or being directly targeted
by so many of the armed groups there--the Tigrayan forces, the
National Forces, and even Eritrea's involvement in the Horn.
Ethiopia is not a member of the ICC so there is not an
obvious pathway there. So it will be incumbent upon the nation
to undertake its own transitional justice process as part of a
larger political settlement, and I know that the Administration
is working hard to try and encourage that through diplomacy,
those sorts of movement towards bringing the parties to the
table and reaching some sort of a negotiated solution.
A transitional justice program would have to involve
everything from acknowledging harm to the survivors to
restitution of property if that is necessary, and, ultimately
to accountability to those most responsible.
The ICC may play a role, eventually. It would require
either a Security Council referral or an acceptance of
jurisdiction by Ethiopia.
As you mentioned, some African states and other states
around the globe have voluntarily self-referred matters to the
court on the recognition that their domestic system is unable
to handle it or that there might--it might be helpful to have
an international body dealing with certain cases while the
domestic system deals with other cases.
And so, if confirmed in the role, I would look forward to
working with our incoming Special Envoy to the Horn of Africa,
others across the regional bureaus, et cetera, to try and
encourage the parties in the Horn of Africa to reach a genuine
transitional justice program that involves a measure of
accountability for victims.
Senator Booker. And that alignment between where the ICC is
resonating with our diplomatic gains, where there is--in
countries who are members--are other areas, as you potentially
ascend to this position, that--beyond the Horn--that you have
really good ambition that we can make an impact from your
office?
Ms. Van Schaack. Absolutely. We have already seen in
Central Africa that direct assistance and cooperation by the
United States has led to some recent successes in the court.
I am thinking, for example, of the cases against Dominic
Ongwen, who is the top commander of the Lord's Resistance Army,
which is wreaking havoc in northern Uganda and elsewhere in the
region.
In addition, Bosco Ntaganda, who was recently convicted of
a whole series of war crimes and crimes against humanity,
including the use and abuse of child soldiers and sexual
violence as leader of the M23.
The United States was instrumental in bringing those
individuals to The Hague and in assisting the prosecutor there
with those prosecutions, and I think that is a role that we can
play, going forward, again, as I mentioned, so long as the work
of the court is consistent with our foreign policy priorities
and that we are in a position to be supportive.
Senator Booker. I really appreciate it, and just to
reiterate what I said earlier, your experience, your work in
public service, your expertise, and your nationally recognized
stature on these issues gives me great excitement about the
difference you are going to make in a very important job that
can, literally, save lives and prevent atrocities.
And real quick in my remaining time, Mr. Tsunis, I have a
lot of concerns about China's continued investment in
strategically important ports around the world.
We have seen China buy and invest in critical ports with
stakes in ports in and along Africa's east coast, in critical
shipping lanes in Asia and even in Europe, such as ports in
Greece.
How do you assess China's investment in critical
infrastructure, such as the Port of Piraeus, and what can the
U.S. do to counter Chinese potential to lock on this port--lock
up these areas and other critical infrastructure in Greece?
Mr. Tsunis. Thank you for your question, Senator, and it is
a very seminal one.
China has engaged in economic encroachment and malign
influence. It is part of a very concerted effort and plan, and
it is going to continue. The Risch China Report not only
highlights various examples of this but it also speaks to
transatlantic cooperation on how we counteract this.
I am proud to say that Greece chose a European partner for
5G and they are very clear eyed about what China is doing. I
will also say that at the time of the purchase of the--of the
tender of the Port of Piraeus, China was the only offer.
We need to show up. We need to be aggressive. It is very
clear that they are looking to make critical infrastructure
investments in interconnectors, grids, and ports, and then use
that economic influence and through more geopolitical influence
to promote the interests of the PRC and the Communist Party of
China.
If confirmed, I pledge to work with the Administration,
this committee, the Government of Greece, to counteract this,
and as a business person I understand what it is to compete
aggressively in business transactions.
Senator Booker. I really appreciate that, and not only the
nuances of your answer, but you showed great diplomacy there by
mentioning Ranking Member Risch's very important report.
The Chairman. We give the Ranking Member and his staff
credit that that was actually a very good report.
Senator Young?
Senator Young. Thank you, Chairman. Congratulations to all
of our nominees and thank you for your interest in serving our
country.
Ms. Cleveland, in August this committee held a hearing
examining my legislation with Senator Kaine that would repeal
the 1991 and 2002 authorizations for the use of military force
against Saddam Hussein's regime in Iraq.
I would remind anyone who is within earshot of this
committee that Saddam Hussein is dead--no longer in power,
therefore.
I appreciated hearing from your predecessor on this issue,
Acting Legal Adviser Richard Visek. I believe repealing these
outdated AUMFs sends a critical signal that the United States
is no longer an adversary of Iraq but a partner.
More importantly, it reasserts Congress' prerogative, which
you have duly affirmed and acknowledged in your testimony
today, on the critical decisions related to going to war.
If confirmed, would you support moving forward with the
repeal of these authorities?
Ms. Cleveland. Thank you, Senator, for this important
question and for your very important leadership on this issue.
I know that repeal of the 1991 and 2002 AUMFs is supported by
this administration, and I absolutely would work with this
committee to achieve that.
Senator Young. Thank you.
And in your view, Ms. Cleveland, do you believe repealing
these outdated AUMFs would impede military activities or
counterterrorism operations around the world?
Ms. Cleveland. No, Senator. The administration has made
clear, including in the August hearing, that the current
authorities under the 2001 AUMF and the President's Article Two
constitutional authority to act to defend the United States
when necessary are sufficient to address current
counterterrorism and other challenges.
Senator Young. Thank you. And knowing that you are a law
professor and trained in all things legal, you are no doubt
skilled in entertaining hypotheticals before courts of law,
courts of public opinion, and other venues.
I am going to give you a very plausible scenario. If you
are to be confirmed and U.S. personnel in Iraq are attacked by
Iranian-backed militias, is there anything whatsoever that
would stop the President of the United States under Article Two
authority from responding to such an attack if these AUMFs--
again, pertaining to 1991 and 2002 authorizations against
Saddam Hussein's regime in Iraq--were repealed?
Ms. Cleveland. No, Senator.
Senator Young. Thank you.
Mr. O'Brien, congratulations to you as well, sir. India is
currently taking delivery of the Russian S-400 system and
potential action, which has led some of my colleagues to call
for sanctions under CAATSA.
The Indians are also in the process of acquiring new
frigate ships from Russia. Both are important systems for the
Indians.
As most here know, the Indians have a lot of legacy systems
from previous decades and they are interoperable with the
Russians' systems, and the Indians seek to defend their land
border from Chinese incursions and defend the Indian Ocean from
an increasingly adventurous and lawless Blue Ocean Navy and the
People's Liberation Army.
India is a vital ally in our competition against China and,
thus, I believe we should resist taking any actions that might
drive them away from us and the Quad.
I am, therefore, strongly supportive of waiving CAATSA
sanctions against India, given our shared foreign policy
interests.
Mr. O'Brien, does our experience with Turkey provide any
warning or lessons for how to proceed with India? I believe
they are very different circumstances and, of course, different
security partnerships. But how do you believe we should think
about the possibility of sanctioning our friends and not just
threats?
Mr. O'Brien. Thank you, Senator. Thank you for your
leadership on sanction issues, generally, and I look forward to
working with you on this and other issues, going forward.
As you say, I think it is difficult to compare the two
situations with a NATO ally that is breaking with legacy
defense procurement systems and then with India a growing--a
partner of growing importance but that has legacy relationships
with Russia.
The administration has made clear that it is discouraging
India from proceeding with the acquisitions of Russian
equipment and there are important geostrategic considerations,
particularly with the relationship to China.
So I think we have to look at what the balance is and, of
course, India has got some decisions in front of it so it would
be premature to say more. But this is something I look forward
to working with you and other interested members.
Senator Young. All right. I am over my time and I, too,
look forward to working with you. I enjoyed our visit and
anticipate supporting your confirmation. Thank you.
The Chairman. Thank you.
Senator Hagerty?
Senator Hagerty. Thank you, Mr. Chairman, and
congratulations to all of our nominees who are here today.
Mr. Tsunis, I would just like to, first, congratulate
Senator Booker for a very insightful question about the Port of
Piraeus.
But I also want to comment on your very thoughtful answer
and approach as a business person. We need more people with
your sort of background in these important diplomatic posts.
So congratulations to you on your nomination. Thank you for
bringing that perspective--that valuable perspective to
diplomacy.
Mr. O'Brien, I would like to ask a question of you
regarding sanctions with respect to Iran. In my prior post as
U.S. Ambassador to Japan, I worked very hard to get Japan to
agree to so-called secondary sanctions, to get them to stop
buying Iranian crude oil.
In fact, we worked very hard to make that happen around the
world, and we reduced Iran's crude exports by 75 percent.
Today, Iran has accelerated its exports through more
clandestine activity. Their exports now are approaching the
levels they were before these sanctions were ever imposed.
And we have a team negotiating in Vienna that is wondering
why Iran will not come to the table. Well, Iran is getting the
revenues that it needs, it is getting the fuel that it wants to
continue to become a nuisance around the world.
They are the largest state sponsor of terror and they are
generating revenue in this regard because we are not properly
implementing these sanctions. Iran is being allowed to produce
more oil.
Can you speak to what you will be able to do to help
properly implement these sanctions and stop this?
Mr. O'Brien. Thank you, Senator. It is an incredibly
important question.
For all of the arguments that have gone on about the right
approach to Iran, I think there is strong bipartisan agreement
that Iran is a malignant actor.
It is, as you say, a sponsor of terrorism. It brings
instability across its region and its nuclear program allows it
to threaten oil supplies and the globe. So this, plus the
ballistic missile program, are all items that we have to find a
way to address.
I will work to implement sanctions fully and effectively.
That means working with our partners, and thank you for your
work bringing the Japanese along and other allies who had been
large consumers of Iranian oil and petrochemical products.
We are now in a situation where a smaller set of states
have decided to scoff at international sanctions, and so we
have to adapt our program to be able to stay one step ahead of
them.
There is real impact if Iran is forced merely to work on a
bartering or cash and carry basis. But we need to try to start
shutting off those avenues and so not just with regard to Iran,
but globally.
I thank the Congress and the Administration for setting a
new policy course dealing with anti-corruption activities
because the ability to interdict the flow of money, the sort of
opaque flows of money that allow for sanctions evasion, will be
a tremendously important tool for addressing these concerns,
going forward.
So that is something, as I learn more, I will be happy to
speak with you about.
Senator Hagerty. I would appreciate your continuing to
follow up with this committee.
I would like to touch on another area of concern. That is
North Korea. Again, while I have served as U.S. Ambassador to
Japan, North Korea launched intercontinental ballistic missiles
over Japan. They even tested what I believe was a hydrogen bomb
while I was there. We imposed maximum pressure at that time.
What we are seeing now, though, is a resurgence of North
Korea's belligerence. They are testing hypersonics. They are
testing intercontinental ballistic missiles. Yet, the current
administration has only begun to impose sanctions in December
with only one tranche of sanctions.
Can you speak to what your plan would be for North Korea?
Mr. O'Brien. We will be happy to work with you on that as
we go forward. As you say, the Administration is putting in
place its policy.
I think a strong sanctions program is a critical part of
our approach to North Korea, not just unilaterally but with our
friends and allies. And, again, your experience in Japan will
make you a really important colleague in developing that,
Senator.
Senator Hagerty. I hope you will commit to keeping this
committee informed on a regular basis of your progress with
sanctions.
Mr. O'Brien. Yes.
Senator Hagerty. Thank you.
Ms. Cleveland, I would like to turn to you, very quickly,
to raise an issue that is deeply important to me. It has to do
with one of my constituents, one of my constituents that is
suffering in the Japanese criminal justice system, the so-
called hostage justice system of Japan.
Secretary Blinken is well aware of the problem. Many
members of the State Department are and are working on this.
But I would encourage you and ask that you take a hard look
at all of the tools that the United States might implement to
help Mr. Greg Kelly, who has been trapped in the system for
over three years, to get him home, to get him released.
This is a situation that has bipartisan support by members
of this committee, which I very much appreciate, and it is
something that is greatly concerning to me, and it is an
injustice that has gone on for far too long and it damages our
national interest with one of our strongest allies, Japan, and
America.
So I would very much appreciate your commitment to take a
very hard look at that.
Ms. Cleveland. Thank you, Senator, for raising this very
important humanitarian concern. I would absolutely work with
you and this committee to look into this.
I am somewhat familiar with the difficulties with the
Japanese criminal justice system, and they are a matter of
concern to me. I will, certainly, take great interest in the
situation of Mr. Kelly.
Senator Hagerty. Thank you very much.
Thank you, Mr. Chairman.
The Chairman. Thank you.
Several members have not been able to attend the hearing
because of Senator--former Senator Reid's memorial. As a matter
of fact, the Chair himself is part of the committee to receive
Senator Reid in state.
So the Chair and others will be submitting questions for
the record. I would urge you to answer them fulsomely, fully,
and expeditiously so that your nominations can be considered at
a business hearing.
And with that and the thanks to the committee, this hearing
is adjourned.
[Whereupon, at 10:48 a.m., the hearing was adjourned.]
----------
Additional Material Submitted for the Record
Responses to Additional Questions for the Record
Submitted to Sarah H. Cleveland by Senator Robert Menendez
Question. I commend Secretary Blinken and other senior officials at
the State Department for prioritizing diversity to ensure that the
Department reflects the makeup this country.
How do you intend to ensure that the Office of the Legal Adviser
recruits and retains a diverse workforce?
Answer. As Secretary Blinken has expressed, our country's diversity
is one of our greatest strengths. I agree that it is imperative that
the Department recruits, retains, and supports a workforce that truly
reflects the country it represents. As with the rest of the Department,
the Office of the Legal Adviser (L) has a responsibility to cultivate a
diverse workforce and an equitable, inclusive, and accessible
workplace. I am committed to recruitment and retention practices that
connect with and retain individuals who reflect the diversity of our
country. If confirmed, I would work with the Office of Diversity and
Inclusion, the Bureau of Global Talent Management, and the Office of
Civil Rights to ensure L is implementing best practices for recruitment
and retention, including diversifying its outreach and recruitment
efforts.
__________
Responses to Additional Questions for the Record
Submitted to Sarah H. Cleveland by Senator James E. Risch
Question. Under the Constitution, the President and the Senate
share the treaty-making power. Over the last few decades, the President
has increasingly claimed the authority to unilaterally withdraw from
treaties with no further action by the Senate or Congress. Reserving
the right to object to such a claim of authority to which the Senate
has not consented, some have argued that, in recent cases, the
President has failed to adequately notify the Senate in advance of such
a unilateral withdrawal.
What is your view with respect to the Senate's role in treaty
withdrawal?
Answer. The administration respects the constitutional role of the
Senate in treaty making, and I share that respect. Treaty-making is a
shared power, and Article II of the Constitution makes clear the role
of the Senate in providing advice and consent with respect to the power
to enter into treaties. The Constitution, however, does not expressly
address the issue of treaty withdrawal, and the Supreme Court has not
definitively resolved the issue. As a matter of longstanding practice,
the President has acted on behalf of the United States in suspending or
terminating U.S. treaty commitments and in withdrawing the United
States from treaties, either on the basis of the treaty's terms (such
as a withdrawal clause) or on the basis of international law that would
justify such action. I believe that the Senate's understanding of, and
support for, significant decisions regarding U.S. treaty obligations is
very important. Accordingly, if confirmed, I would advise the
Administration to engage actively with the Senate and this Committee
prior to the President making a decision to withdraw the United States
from a treaty.
Question. Should the President, acting through the Secretary of
State, notify the Senate in advance of any presidential decision to
suspend, terminate, or withdraw from any treaty that has received
Senate consent to ratification?
Answer. I believe that the Senate's understanding of, and support
for, significant decisions regarding U.S. treaty obligations is very
important. Accordingly, if confirmed, I would advise the Administration
to notify the Senate prior to the President making a decision to
suspend, terminate, or withdraw the United States from any treaty that
has received Senate consent to ratification.
Question. Should the Secretary provide to the Senate, through the
Foreign Relations Committee and with adequate advance notice, a
detailed written justification for the withdrawal?
Answer. I believe that the Senate's understanding of, and support
for, significant decisions regarding U.S. treaty obligations is very
important. I also believe it is important for the Administration to
explain both to the Senate and to the public the reasons for
significant decisions regarding U.S. treaty obligations. Accordingly,
if confirmed, I would advise the Administration to provide adequate
advance notice to the Senate prior to the President making a decision
to suspend, terminate, or withdraw the United States from any treaty
that has received Senate consent to ratification, including providing a
clear written public explanation of any decision to withdraw from a
treaty.
Question. In your view, what does ``advice and consent'' mean? What
is and should be the role of the Senate be with respect to entering
into and terminating treaties?
Answer. The Constitution's Treaty Clause provides that the
President ``shall have Power, by and with the Advice and Consent of the
Senate, to make Treaties, provided two thirds of the Senators present
concur.'' Accordingly, in order to consent for the United States to be
bound by a treaty within the meaning of the Treaty Clause, the
President must receive the concurrence of two-thirds of the Senators
present when the Senate considers the treaty in question.
The Constitution does not expressly address the issue of treaty
withdrawal, and the Supreme Court has not definitively resolved the
issue. As a matter of longstanding practice, the President has acted on
behalf of the United States in suspending or terminating U.S. treaty
obligations and in withdrawing the United States from treaties, either
on the basis of the treaty's terms (such as a withdrawal clause) or on
the basis of international law that would justify such action. I
believe that the Senate's understanding of, and support for,
significant decisions regarding U.S. treaty obligations is very
important, and I also believe it is important for the Administration to
explain both to the Senate and to the public the reasons for
significant decisions regarding U.S. treaty obligations. Accordingly,
if confirmed, I would advise the Administration to provide adequate
advance notice to the Senate prior to the President making a decision
to suspend, terminate, or withdraw the United States from any treaty
that has received Senate consent to ratification, including providing a
clear written public explanation of any decision to withdraw from a
treaty.
Question. What is the scope of the President's authority to
abrogate a treaty or other international agreement? Is it unlimited? If
not, what are the limitations?
Answer. As a matter of longstanding practice, the President has
acted on behalf of the United States in suspending or terminating U.S.
treaty commitments and in withdrawing the United States from treaties,
at least on the basis of the treaty's terms (such as a withdrawal
clause) or on the basis of international law that would justify such
action.
Question. In your view, does the President have the authority to
re-join a treaty without resubmitting that treaty to the Senate for
advice and consent? Please explain.
Answer. The Constitution does not expressly address the question of
the authority to re-join a treaty, and the Supreme Court has not
considered it. Ordinarily, I would expect that the President would seek
and obtain the Senate's advice and consent in order to rejoin an
Article II treaty from which the United States had withdrawn. There may
be circumstances, however, in which other sources of authority would
allow the President to rejoin a treaty without the Senate's advice and
consent. For example, in 2017, Congress passed legislation authorizing
the President to rejoin the agreement establishing the Bureau of
International Expositions, which the United States had ratified with
the Senate's advice and consent in 1968 and withdrawn from in 2002. See
P.L. 115-32. The State Department's Digest on the Practice of the
United States in International Law, 2017 indicates that the United
States rejoined that agreement in reliance on this statutory authority
rather than on the Senate's advice and consent.
Question. In testimony before the Senate Foreign Relations
Committee, expert legal witnesses have suggested that Congress consider
requiring the reporting of significant non-binding political
commitments to Congress. Should Congress be informed of these non-
binding arrangements? If so, in what form?
Answer. I respect the constitutional oversight responsibilities of
the committee and the importance of transparency to fulfilling that
function. I am aware of the committee's strong interest in significant
non-binding political commitments, and I believe that appropriate
mechanisms should be identified to ensure that the Congress is informed
of such commitments. I am generally aware of the ongoing conversations
regarding this issue between the committee and the State Department. I
am not in the government and have not had occasion to consider the
particular form such a mechanism might take. If confirmed, I would seek
the views of both the State Department and the committee before forming
a considered view on this question. As a general proposition, though, I
support establishing additional reporting and publication mechanisms to
ensure that significant non-binding instruments are brought to the
attention of the committee.
Question. The Case-Zablocki statute (22 U.S.C. 112b) requires the
Secretary to provide to the Congress the text of international
agreements to which the United States has agreed to become a party. The
intent of the statute is to ensure Congress is fully informed of
executive decisions to create international, legally binding
obligations on the United States.
In recent years, presidents have made ``political'' or ``oral''
agreements with potentially binding commitments on the United States.
Successive administrations appear to have taken the view that such
agreements fall outside the scope of Case-Zablocki and therefore do not
have to be provided to the Congress.
In testimony before the Senate Foreign Relations Committee, expert
legal witnesses have suggested that Congress consider requiring the
written reporting of significant binding political commitments that
have not been reduced to writing to Congress.
What are your views regarding providing the Senate with the written
text of any political or oral agreement intended to be binding
on the United States under international law?
Answer. The Case-Zablocki Act, 1 U.S.C. 112b, provides that the
Secretary of State shall transmit to the Congress the text of any
international agreement (including the text of any oral international
agreement, which agreement shall be reduced to writing), other than a
treaty, to which the United States is a party as soon as practicable
after such agreement has entered into force with respect to the United
States but in no event later than sixty days thereafter. I believe this
requirement extends to any agreement that gives rise to rights or
obligations for the United States under international law.
Question. With respect to any oral international agreement or
political commitment that creates or is intended to create a legally
binding commitment for the United States under international law, will
you commit, if confirmed, to working with Congress to establish a
meaningful process for reducing such commitments or agreements to
writing and transmitting to the Congress the text of such agreement?
Answer. Yes. The Case-Zablocki Act, 1 U.S.C. 112b, provides that
the Secretary of State shall transmit to the Congress the text of any
international agreement (including the text of any oral international
agreement, which agreement shall be reduced to writing), other than a
treaty, to which the United States is a party as soon as practicable
after such agreement has entered into force with respect to the United
States but in no event later than sixty days thereafter. I believe this
requirement extends to any agreement that gives rise to rights or
obligations for the United States under international law. While I have
not had the opportunity to review the existing process, if confirmed, I
commit to reviewing existing procedures and helping to advise on new
procedures, if necessary, to ensure that the act is implemented.
Question. Although the State Department's Circular 175 process
calls for consultation with Congress on treaties and agreements, it
does not provide much guidance on how such conversations should occur.
As a practical matter, no established routine procedure for
consultation with the Senate (formal or informal) currently appears to
exist, at least from the perspective of the Senate side. In recent
years, to the extent they occur, State Department briefings to the
Senate Committee on Foreign Relations (SFRC) have been ad hoc and by
affirmative request of the committee.
The paucity of information has led some Senators to grow skeptical
with respect to treaties presented to the committee for advice and
consent but completed without the opportunity for consultation. This
problem is further complicated if the treaty requires implementing
legislation on subject matter over which another Senate committee may
have jurisdiction. As a result, some Senate Foreign Relations Committee
Senators have expressed wariness with taking up such treaties.
Avoidable misunderstanding and confusion can result, complicating or
preventing required Senate action.
Alternatively, with a more regularized and institutionalized
consultation process with SFRC, the Senate and administration can
develop a more dynamic approach to these agreements. Enhanced and
meaningful consultation can build support for these agreements and
prove valuable in increasing Senate understanding of administration
policy objectives over time.
Will you commit to directing the Department to address this
oversight and work with the committee to establish a process
under which the Department will, on a regular periodic basis,
engage in meaningful, advance consultation with the SFRC
regarding the Departments' intention to negotiate significant
international agreements and treaties?
Answer. I respect the Senate's constitutional role in treaty-making
and believe that the Senate's understanding of, and support for,
significant decisions regarding U.S. treaty obligations is very
important. Accordingly, if confirmed, I would commit to reviewing
existing procedures and work to help advise on new procedures if
necessary to ensure active and consistent engagement with the Senate
with regard to plans to negotiate significant international agreements
and treaties.
Question. In general, will you commit to working with this
Committee to ensure timely feedback on draft legislative text when
solicited if you are confirmed?
Answer. Yes, if confirmed, I would work to help ensure timely
feedback from the Department on draft legislative text consistent with
relevant procedures.
Question. In October 1999, the Senate voted to reject the
Comprehensive Test Ban Treaty by a vote of 51-48.
Setting aside the fact that the United States Senate has not
consented to ratification of the Vienna Convention on Treaties, please
describe your views with respect to the scope of the ``provisional
application'' doctrine.
Answer. In terms of its scope, the international law doctrine of
provisional application of treaties applies to instances in which
states have agreed to apply some or all of the terms of a treaty on a
provisional basis pending its entry into force. Under U.S. law, if the
advice and consent of the Senate, or congressional approval, is
required but has not yet been obtained for an agreement to enter into
force for the United States, a commitment that the agreement shall have
provisional effect for the United States must rest on another
agreement, on a statute, or on the President's own constitutional
authority. With respect to the CTBT specifically, I understand that the
treaty contains no article on provisional application, and is not
provisionally applied.
Question. What are your views with respect to the legal effect of a
Senate vote to reject a treaty?
Answer. Under Article II of the Constitution, the President may
make treaties by and with the advice and consent of the Senate,
provided that two-thirds of the Senators present concur. If two-thirds
of the Senators present do not concur, the President may not make the
treaty. The failure of a treaty to receive two-thirds approval in a
Senate vote would not, however, preclude the Senate from reconsidering
the treaty at a later time, or preclude the President from making the
treaty if the treaty receives the concurrence of two-thirds of the
Senators present in a subsequent vote.
Question. If rejected, does the President have authority to
subsequently implement the provisions of that treaty in spite of that
vote?
Answer. Under Article II of the Constitution, the President may
make treaties by and with the advice and consent of the Senate,
provided that two-thirds of the Senators present concur. If two-thirds
of the Senators present do not concur, the President may not make the
treaty.
Whether the President may take actions that are consistent with the
provisions of a treaty to which the United States is not a party will
depend on what the actions entail and whether the President has
relevant sources of Constitutional or statutory authority or
obligations to take them. A decision by the Senate not to give its
advice and consent to the ratification of a treaty would not, by
itself, repeal pre-existing statutes or other authorities or
obligations under domestic law that could be relied upon to take
actions consistent with a treaty, nor would it bar the President from
carrying out such statutes or other authorities.
Question. Does such a Senate vote place limits on a future claim of
presidential authority to provisionally implement the rejected treaty?
Answer. Whether the President may take actions that are consistent
with the provisions of a treaty to which the United States is not a
party will depend on what the actions entail and whether the President
has relevant sources of Constitutional or statutory authority or
obligations to take them. A decision by the Senate not to give its
advice and consent to the ratification of a treaty would not, by
itself, repeal pre-existing statutes or other authorities or
obligations under domestic law that could be relied upon to take
actions consistent with a treaty, nor would it bar the President from
carrying out such statutes or other authorities.
Question. Please describe your views with respect to the binding
legal effect of the Senate's inclusion of conditions to consent to
ratification of a treaty under constitutional advice and consent, such
as reservations, understandings, and declarations (RUDs). If the
President decides to ratify a treaty to which the Senate has consented
but has also included such RUDs in its resolution of consent to
ratification, is the President legally bound to implement such
conditions as included by the Senate in its consent to ratification
resolution?
Answer. The Senate may attach reservations or other conditions to
its advice and consent to a treaty as long as they relate to the treaty
and are not inconsistent with the Constitution. If the President
ratifies a treaty after obtaining the Senate's advice and consent, he
or she is deemed to have accepted any such conditions.
Question. The War Powers Resolution requires congressional
notifications when United States Armed Forces are introduced into
hostilities or into situations where there is imminent involvement in
hostilities.
In your legal opinion, what do you think the term ``hostilities''
means?
Answer. For purposes of the War Powers Resolution, the Executive
Branch has generally interpreted the term ``hostilities'' as situations
in which U.S. armed forces are actively engaged in exchanges of fire
with hostile forces. In addition to reporting in any case in which
United States Armed Forces are introduced ``into hostilities or into
situations where imminent involvement in hostilities is clearly
indicated by the circumstances,'' the War Powers Resolution also
requires notification to Congress in any case in which United States
Armed Forces are introduced ``into the territory, airspace or waters of
a foreign nation, while equipped for combat, except for deployments
which relate solely to supply, replacement, repair, or training of such
forces'' or ``in numbers which substantially enlarge United States
Armed Forces equipped for combat already located in a foreign nation.''
Question. Separate from military action authorized under the 2001
Authorization for the Use of Military Force (AUMF), do you believe the
United States has been or is engaged in ongoing hostilities in Yemen?
Please explain.
Answer. It is my understanding that the United States has provided
limited support to Saudi-led coalition military operations against
Houthi and aligned forces in Yemen, including certain logistical and
advisory support. It is also my understanding that President Biden
directed an end to U.S. support for the Saudi-led Coalition's offensive
military operations against the Houthis in Yemen, but that U.S. forces,
in a non-combat role, continue to provide military advice and other
limited support to regional forces for defensive and training purposes
only as they relate to the Saudi-led Coalition's campaign against the
Houthis in Yemen. I understand that the Administration has taken the
position that such support has not amounted to engagement in
hostilities for purposes of the War Powers Resolution. As I am not
currently in government, I do not have access to all the relevant facts
or legal analysis. However, if confirmed, I will look closely at this
issue.
Question. Under multiple administrations, certain terrorist
detainees held at Guantanamo Bay have not been released for good
reason. What is your legal opinion regarding Guantanamo Bay detentions?
Answer. It is the position of this and prior administrations, based
on now longstanding judicial precedent, that detainees at the
Guantanamo Bay Detention Facility are held pursuant to the 2001 AUMF,
as informed by the laws of war. The AUMF authorizes detention of
individuals who were part of, or substantially supported, al-Qaida or
Taliban forces and their associated forces that are engaged in
hostilities against the United States or its coalition partners. The
AUMF generally authorizes detention until the end of hostilities.
Separate from the legal authority to detain, detainees designated for
continued law-of-war detention are eligible for review by the Periodic
Review Board, an administrative, interagency body established under
Executive Order 13567 to determine whether detention of eligible
Guantanamo detainees remains necessary to protect against a continuing
significant threat to U.S. security. My understanding is that as of
January 12, 2022, there are about 18 detainees that have been
determined to be eligible for transfer. If confirmed, I will support
the Department of State's efforts to identify appropriate transfer
locations and negotiate security and humane treatment assurances.
Question. What is your view on the scope of the 2001 AUMF?
Answer. I share this Administration's view that the 2001 AUMF is
not a blank check for the use of force by the Executive Branch and that
it does not authorize force against all terrorist groups. It has been
the longstanding view of the Executive Branch that the 2001 AUMF
authorizes the use of force against al-Qa'ida, the Taliban, and
``associated forces.'' To be considered an ``associated force,'' the
Executive Branch has explained that an entity must satisfy two
conditions: first, the entity must be an organized, armed group that
has entered the fight alongside al-Qa'ida or the Taliban; and second,
the group must be a co-belligerent with al-Qa'ida or the Taliban in
hostilities against the United States or its coalition partners. If
confirmed, I am committed to ensuring that Congress is well informed
about these very important matters.
Question. What is your view on the scope of Article II authority on
the use of force?
Answer. For over 20 years I have taught law students about the
importance of the constitutional role of Congress in U.S. foreign
relations, including the use of force. I recognize and respect
Congress' constitutional power to declare war.
I understand that this and prior Administrations have taken the
view that the President may order military action without the prior
approval of Congress only when (1) that action serves an important
national interest, and (2) the reasonably anticipated nature, scope,
and duration of the operation and any anticipated responses would not
rise to the level of ``war'' for purposes of the Constitution's Declare
War Clause. Whether acting under statutory or constitutional authority,
the President must also conduct such operations in accordance with
international law, including the law of war principles of military
necessity, humanity, distinction, and proportionality.
Question. Do you believe that the 2001 AUMF should be repealed or
updated? Why or why not?
Answer. I understand that President Biden has committed to working
with Congress to ensure that outdated authorizations for the use of
military force are replaced with a narrow and specific framework that
will ensure that we can continue to protect Americans from terrorist
threats. I share that goal. If confirmed, I look forward to working
with the committee and Congress on this important and complex task.
Question. Is it possible for Congress to update the 2001 AUMF
without negatively impacting current detention authority for terrorist
detainees?
Answer. Yes. The administration believes that any new or updated
AUMF should include language that avoids undermining the legal basis
for ongoing operations that the President and Congress deem necessary
to address ongoing threats, and provide for uninterrupted authority to
continue those efforts. If confirmed, I would look forward to working
closely with the committee and Congress on this important issue.
Question. Do you believe that any legislative update to the 2001
AUMF should ensure that detention authority for terrorist detainees is
not interrupted? Why or why not?
Answer. The administration believes that any new or updated AUMF
should include language that avoids undermining the legal basis for
ongoing operations that the President and Congress deem necessary to
address ongoing threats, and provide for uninterrupted authority to
continue those efforts. If confirmed, I would look forward to working
closely with the committee and Congress on this important issue.
Question. Do you believe that any legislative update to the 2001
AUMF should ensure that current military operations against terrorists
around the world continue to be authorized?
Answer. The administration believes that any new or updated AUMF
should include language that avoids undermining the legal basis for
ongoing operations that the President and Congress deem necessary to
address ongoing threats, and provide for uninterrupted authority to
continue those efforts. If confirmed, I would look forward to working
closely with the committee and Congress on this issue.
Question. Do you believe that the 2001 AUMF authorizes the use of
military force against associated forces of Al Qaeda?
Answer. Yes. It has been the longstanding view of the Executive
Branch that the 2001 AUMF covers ``associated forces'' of al-Qa'ida or
the Taliban, and that to be considered an ``associated force'' an
entity must satisfy two conditions: first, the entity must be an
organized, armed group that has entered the fight alongside al-Qa'ida
or the Taliban; and second, the group must be a co-belligerent with al-
Qa'ida or the Taliban in hostilities against the United States or its
coalition partners. I share the Administration's view that the 2001
AUMF is not a blank check for the use of force by the Executive Branch
and that it does not authorize force against all terrorist groups. If
confirmed, I am committed to ensuring that the Administration engages
with the committee and Congress in determining the appropriate scope of
the current or any future AUMF.
Question. Do you believe that any legislative update to the 2001
AUMF should contain geographic constraints? Why or why not?
Answer. President Biden has committed to working with Congress to
ensure that outdated authorizations for the use of military force are
replaced with a narrow and specific framework that will ensure that we
can continue to protect Americans from terrorist threats. I share that
goal. Reforming the 2001 AUMF is an extremely complex task. As I am not
currently in government, I do not have all the relevant facts and
answers on what a new or revised authority should look like. If
confirmed, I am committed to working with the committee and Congress on
this important task.
Question. Do you believe that any legislative update to the 2001
AUMF should include a hard sunset? Why or why not?
Answer. President Biden has committed to working with Congress to
ensure that outdated authorizations for the use of military force are
replaced with a narrow and specific framework that will ensure that we
can continue to protect Americans from terrorist threats. I share that
goal. Reforming the 2001 AUMF is an extremely complex task. As I am not
currently in government, I do not have all the relevant facts and
answers on what a new or revised authority should look like. If
confirmed, I am committed to working with the committee and Congress on
this important task
Question. Should the 2002 AUMF be repealed? Why or why not?
Answer. Yes. The administration supports repeal of the 2002 AUMF,
and I do as well. President Biden has committed to working with
Congress to ensure that outdated authorizations for the use of military
force are replaced with a narrow and specific framework that will
ensure that we can continue to protect Americans from terrorist
threats. The administration has stated that the United States has no
ongoing military activities that rely solely on the 2002 AUMF as a
domestic legal basis, and that repeal of the 2002 AUMF would likely
have minimal impact on current counterterrorism operations. The
administration has made clear that the 2001 AUMF and the President's
Article II authorities are sufficient to address current
counterterrorism threats and defend U.S. national security. If
confirmed, I look forward to working with the committee and Congress on
this issue.
Question. Do you believe the 2002 AUMF provided an independent
legal basis for the strike against Solemani?
Answer. I was not in government at the time, so I cannot speak to
the specific legal basis for the strike or the sensitive intelligence
or other information upon which the legal and policy analysis at the
time was based. If confirmed, I will look carefully at this issue.
Question. How would a repeal of the 2002 AUMF impact current
detention operations?
Answer. As I understand it, repeal of the 2002 AUMF would not
impact current detention operations because those operations rely on
the authority of the 2001 AUMF.
Question. Do you commit to working closely with this committee and
directing your staff to brief the committee on any use of force
undertaken pursuant to the 2001 AUMF, 2002 AUMF, or Article II of the
U.S. Constitution?
Answer. If confirmed, I commit to working closely with this
Committee and directing my staff to regularly brief this Committee and
to address any questions it may have regarding use of force undertaken
pursuant to the 2001 AUMF, 2002 AUMF, or Article II of the U.S.
Constitution.
Question. On November 23, 2020, then-President-elect Joe Biden
announced his intent to appoint former Secretary of State John Kerry to
be a ``Special Presidential Envoy for Climate.'' In response to
committee questions regarding whether Special Envoy John Kerry is
legally required to be submitted to the Senate for Advice and Consent,
the State Department has informed the committee an administration legal
view that:
Envoys who have only a discrete and temporary mission and do
not fill a ``continuing position established by law,'' see
Lucia v. SEC, 138 S. Ct. 2044, 2051 (2018), historically have
not been considered ``public ministers'' or ``Officers of the
United States'' to whom the Appointments Clause applies. See
Officers of the United States Within the Meaning of the
Appointments Clause, 31 Op. O.L.C. 73, 102-05 (2007).''
Do you agree with this legal assessment? Why?
Answer. I am not in the Administration, and therefore do not have
access to any specific legal analysis underlying this opinion. However,
it is my understanding that the O.L.C. Opinion you cite is the legal
position of this administration, as it has been of prior
administrations, and remains in effect. It is also my understanding
that the President recently signed into law an NDAA amendment,
supported by the committee, which prescribes a specific role for the
Senate regarding Special Envoys starting in January 2023, including by
providing that the President shall nominate for Senate advice and
consent any Special Envoy or other appointee who will be ``exercising
significant authority pursuant to the laws of the United States''
subject to certain exceptions.
Question. Special Envoy Kerry remains in his position. Is this
position ``temporary''?
Answer. Since I am not in government, I have not had access to the
full factual record or any legal analysis surrounding this position. If
confirmed, I would examine the issue and consult my colleagues at the
Department of Justice regarding any such questions.
Question. For appointment clause purposes, at what point is a
position no longer considered discrete and temporary?
Answer. Since I am not in the Administration, I have not had access
to any legal analysis surrounding this question. It is my understanding
that such an assessment would consider the specific facts and
circumstances of a particular position and would involve assessments
made by the Department of Justice. If confirmed, I would examine the
issue and consult my colleagues at the Department of Justice regarding
any such questions.
Question. Is it possible for the Special Envoy Kerry's position to
be considered ``discrete or temporary'' if the position is retained for
a complete four year Presidential term? Why?
Answer. Since I am not in the Administration, I do not have access
to the full facts and circumstances concerning this position. If
confirmed, I would examine the issue and would consult with my
colleagues at the Department of Justice regarding any such questions.
Question. The State Department's legal analysis continued:
Moreover, even if Mr. Kerry both occupied a continuing
position in the State Department, which the Secretary could
fill under the ordinary statutory authorities for staffing the
Department, and ``exercis[ed] significant authority pursuant to
the laws of the United States,'' id., so that he was an
``Officer'' for Appointments Clause purposes, he would at most
be an inferior officer. See, e.g., Edmond v. United States, 520
U.S. 651 (1997). Therefore, the power vested in the Secretary
to make such a personnel appointment in the State Department
would satisfy the Appointments Clause.''
Do you agree with this legal assessment? Why?
Answer. Since I am not in the Administration, I have not had access
to any legal analysis surrounding this question. It is my understanding
that the O.L.C. Opinion upon which this is based is the legal position
of this administration, as it has been of prior administrations, and
remains in effect. It is also my understanding that the President
recently signed into law an NDAA amendment supported by the committee
prescribing a specific role for the Senate regarding Special Envoys
starting in January 2023.
Question. Do you agree with the assessment that at most Special
Envoy Kerry would be considered an inferior officer?
Answer. Since I am not in the Administration, I have not had access
to the full factual record or any legal analysis concerning Special
Envoy Kerry. I understand that the Administration has concluded that
Special Envoy Kerry is acting in a role and in a manner that does not
require the advice and consent of the U.S. Senate. If confirmed, I
would examine the issue and consult with my colleagues at the
Department of Justice regarding any such questions.
Question. Section 5105 of the National Defense Authorization Act
provides much needed congressional oversight over the appointment of
special envoys.
Do you commit to advising President Biden that he should submit a
nomination for any appointee who will be ``exercising
significant authority pursuant to the laws of the United
States'' to the Senate for its advice and consent before the
appointee takes office? For the purpose of ensuring compliance
with this law, how would you define significant authority?
Answer. I am aware of the provisions in section 5105 of the
National Defense Authorization Act for Fiscal Year 2022 (P.L. 117-81).
This is new legislation, and since I am not in the Administration, I
have not had access to any legal analysis surrounding the question of
``significant authority.'' However, if confirmed, I will work with
others at the Department and in the Administration to ensure
implementation of the statute with respect to special envoys and
similar positions.
Question. For positions not exercising significant authority,
Section 5105 requires the President or Secretary of State to notify the
committee 15 days before such appointment: (1) a certification the
position does not require the exercise of significant authority
pursuant to the laws of the U.S.; (2) a description of the duties and
purpose of the position; and (3) a rationale for giving the specific
title and function of the position. Do you commit to advising the
President and Secretary of State to provide substantively robust
notifications to Congress and consult with the committee as
appointments are contemplated?
Answer. I am aware of the provisions in section 5105 of the
National Defense Authorization Act for Fiscal Year 2022 (P.L. 117-81).
If confirmed, I will work with others at the Department and in the
Administration to ensure implementation of the statute, including all
notification requirements.
Question. Section 5105 also provides a limited exception for
temporary appointments exercising significant authority, pending
notifications to SFRC. Do you commit to adhering to these limits? And
do you commit to advising the President to provide substantively robust
notifications to Congress and consult with the committee as such
temporary appointments are contemplated?
Answer. I am aware of the provisions in section 5105 of the
National Defense Authorization Act for Fiscal Year 2022 (P.L. 117-81).
If confirmed, I will work with others at the Department and in the
Administration to ensure implementation of the statute, including
limitations on appointments and notifications consistent with the
requirements of the statute.
Question. I confirmed, do you commit to brief my office and this
committee in a timely fashion with respect to sanctions policy
developments and designations as they occur?
Answer. If confirmed, I commit to working within the Department of
State so that you receive such sanctions policy briefings in a timely
fashion, which when appropriate would involve input from the Office of
the Legal Adviser. As a teacher of U.S. foreign relations law for over
20 years, I have always led my class with the importance of the
constitutional role of Congress in foreign relations, including
oversight. If confirmed, I would endeavor to make sure that your
oversight role is supported by receiving the information you and the
committee need from the Office of the Legal Adviser.
Question. On December 27, 2020, President Trump signed into law the
Consolidated Appropriations Act, 2021. This legislation includes a
provision that I supported which establishes an Office of Sanctions
Coordinator within the State Department.
If confirmed, do you commit to give this new office the attention,
support, and resources needed to ensure its success and the
fulfillment of its statutory mandate?
Answer. Yes. The Office of Sanctions Coordinator is an important
contribution to the effective development and implementation of
sanctions policy within the State Department and across the U.S.
Government. If confirmed, I will work to ensure that the Office of the
Legal Adviser robustly engages with and supports the Office of
Sanctions Coordinator in performing its statutory function.
Question. On December 27, 2020, President Trump signed into law the
Consolidated Appropriations Act, 2021. This legislation includes a
provision that I supported which establishes an Office of Sanctions
Coordinator within the State Department.
If confirmed, do you commit to ensuring that this new office will
fulfill its mandate vis-a-vis other offices and bureaus within
the State Department to ``serve as the coordinator for the
development and implementation of sanctions policy'' within the
State Department?
Answer. Yes. If confirmed, I will ensure that the Office of the
Legal Adviser robustly engages with and supports the Office of
Sanctions Coordinator in performing its statutory function.
Question. On December 27, 2020, President Trump signed into law the
Consolidated Appropriations Act, 2021. This legislation includes a
provision that I supported which establishes an Office of Sanctions
Coordinator within the State Department.
If confirmed, do you commit to work with my office and this
committee to ensure that this office succeeds and fulfills its
statutory mandate?
Answer. Yes. If confirmed, I will ensure that the Office of the
Legal Adviser robustly engages with and supports the Office of
Sanctions Coordinator in performing its statutory function.
Question. Section 1263(d) of the Global Magnitsky Act requires that
the President make a sanctions determination within 120 days after
receipt of a joint request from the Chairman and Ranking Member of the
Senate Foreign Relations Committee (or other relevant committee
leadership). If confirmed, will you commit to help ensure Congress
receives a specific determination to any such request within 120 days
of submission?
Answer. Yes. Congressional engagement and transparency are
important components of the Global Magnitsky Act. If confirmed, I
commit to helping ensure that Congress receives such determinations in
a timely manner consistent with the Act.
Question. What role should L play in genocide determinations?
Answer. I understand that the Secretary of State decides, as a
matter of foreign policy, whether the U.S. Government should publicly
characterize particular actions and abuses as a specific international
atrocity crime, including genocide, based on an analysis of the law,
available facts, and policy considerations. I also understand that the
role of L, in coordination with relevant Department policy offices,
including the Office of Global Criminal Justice, is to advise the
Secretary in applying the law to the available facts. If confirmed, I
will look forward to advising the Secretary on these critical issues
and supporting the Department's important efforts to promote justice
and accountability for genocide and other atrocities.
Question. Should the atrocities committed in Burma against the
Rohingya and other ethnic and religious minorities be considered a
genocide?
Answer. I am appalled by the Burmese military's brutal violence
against Rohingya and other ethnic and religious minorities in Burma,
and have previously taken the position that I consider such actions
against Rohingya to constitute genocide. I understand that, in 2017,
then-Secretary of State Tillerson concluded that the atrocities against
Rohingya in northern Rakhine State constituted ethnic cleansing. I also
understand that in his confirmation hearing, in January 2021, Secretary
Blinken committed to reviewing whether these atrocities constitute
specific international atrocity crimes, including genocide. Since I am
not in the Administration, I am not aware of the current status of that
review. If confirmed, I will look forward to supporting Secretary
Blinken in that process and advising Department policy offices and the
Administration in their ongoing efforts to promote respect for human
rights as well as justice and accountability for atrocities in Burma.
Question. Should the atrocities committed in Syria by the brutal
Bashir Al-Assad regime be considered genocide?
Answer. I understand that the Secretary of State decides, as a
matter of foreign policy, whether the U.S. Government should publicly
characterize particular abuses as a specific international atrocity
crime, including genocide, based on an analysis of the law, available
facts, and policy considerations. I also understand that, in 2019,
then-Secretary of State Pompeo determined that the Assad regime is
responsible for innumerable atrocities, some of which rise to the level
of war crimes and crimes against humanity. I agree with that
assessment. If confirmed, I will look forward to supporting the
Department's efforts to address atrocities in Syria and to promote
accountability for those responsible.
Question. The re-instatement and expansion of the Protecting Life
in Global Health Assistance Policy, formerly known as the Mexico City
Policy, during the last administration reignited a longstanding debate
about aid conditionality and the ``rights'' of U.S. foreign assistance
implementers and beneficiaries.
Do foreign non-governmental organizations have a legally-
enforceable ``right'' to United States foreign assistance, or
is the provision of U.S. foreign assistance discretionary?
Answer. I understand that most foreign assistance is provided
through a competitive process and that any revocation of a federal
award must comply with applicable rules and regulations. Aside from
these regulations, I am not aware that foreign non-governmental
organizations have a legally-enforceable ``right'' to U.S. foreign
assistance.
Question. Does Congress have the right to place conditions upon the
use of the U.S. foreign assistance it appropriates?
Answer. Yes, consistent with the Constitution of the United States.
Question. Does the Executive also have the right to condition U.S.
foreign assistance?
Answer. I am not in the Administration and do not have access to
all the legal analysis on this issue. However, it is my understanding
that the Executive may condition U.S. foreign assistance consistent
with all legal requirements, including in the Foreign Assistance Act of
1961 and the annual appropriations act. If confirmed, I look forward to
working with Congress on decisions related to conditions on foreign
assistance.
Question. You served as an independent expert on a U.N. Human
Rights Committee case where the committee found that Ireland had
violated the human rights of a woman seeking an abortion and that
Ireland should change its laws to ensure access to abortions in certain
cases.
Is access to abortion an internationally-recognized human right?
Answer. This administration is deeply committed to promoting and
protecting the rights of women and girls, including in the areas of
reproductive health and choice. International human rights law protects
access to reproductive health and choice in various ways, such as
prohibiting discrimination. However, the United States does not regard
access to abortion services as an international human right.
Question. If confirmed, will you commit to ensuring full and
complete compliance with current law, which prohibits the use of U.S.
foreign assistance to perform or promote abortion as a method of family
planning; support involuntary sterilizations; or lobby for or against
the legalization of abortion overseas?
Answer. Yes. If confirmed, I commit to providing advice consistent
with all provisions of law related to our foreign assistance, including
restrictions related to the use of foreign assistance for the
performance or promotion of abortion as a method of family planning,
coercive abortion and forced sterilization, and lobbying for or against
abortion.
Question. Section 1215 of the NDAA FY 2021 restricts funding for
the Department of Defense for any activity to reduce force levels below
both 4,000 and 2,000, until DOD submits a report to Congress or the
President provides a written waiver. During the Afghanistan withdrawal,
troop levels again exceeded 4,000 on the ground. Do you believe these
restrictions were legally binding during the recent withdrawal? Why?
Why has Congress not received either the required report or written
waiver as mandated by law?
Answer. As I am not currently in government, I am not familiar with
all of the legal analysis or facts surrounding past decisions to
provide such reports or waivers. It is my understanding that the
Department of Defense (DoD) Office of General Counsel would ordinarily
be responsible for the legal advice on this limitation on the use of
DoD funding and its associated reporting requirements, in consultation
with, inter alia, the Secretary of State. If confirmed, I will look
into this issue and will advise the Department of State regarding
cooperation with DoD on relevant congressional reporting requirements,
including DoD reports that require Secretary of State consultation.
Question. Section 1217 of the NDAA FY 2021 requires the
Administration to transmit any agreement or arrangement with the
Taliban to Congress within 5 days. The State Department currently has
an agreement or an arrangement with the Taliban governing continued
evacuations of American citizens and LPRs. Why has the State Department
not provided Congress any such agreement or arrangement as required by
law?
Answer. As I am not currently in government, I am not familiar with
all of the facts or legal analysis surrounding this question. I am
aware that the United States and many other countries released a
statement dated August 29, 2021 (available at https://www.state.gov/
joint-statement-on-afghanistan-evacuation-travel-assurances),
acknowledging that the Taliban publicly committed that foreign
nationals and any Afghan citizen with travel authorization would be
allowed to proceed in a safe and orderly manner to points of departure
and travel outside the country. However, I personally am not aware of
any specific agreement or arrangement between the State Department and
the Taliban governing continued evacuations of American citizens and
LPRs. If confirmed, I commit to reviewing this issue and providing
legal advice to Department policymakers to ensure compliance with
Section 1217 of the NDAA for FY 2021.
Question. Do you commit to providing Congress any agreement or
arrangement, and relevant materials, made between the U.S. and the
Taliban since August 14?
Answer. I understand that Secretary Blinken has committed to
keeping Congress informed of any agreement or arrangement with the
Taliban subsequent to the February 29, 2020 U.S.-Taliban Agreement
which the Department has identified and is under the purview of the
State Department, including providing any materials relevant to such
agreement or arrangement, consistent with section 1217(b)(2) of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (P.L. 116-283). If confirmed, I would provide legal
advice to Department policymakers to ensure compliance with this
provision
Question. The Department of Defense has opined that it will rely on
the 2001 AUMF for continued counterterrorism operations in Afghanistan.
What is the State Department's position on the legal authority for
continued counterterrorism operations in Afghanistan?
Answer. I am not currently in government and cannot authoritatively
represent the Administration's legal positions. However, as I
understand it, the United States has relied on the 2001 AUMF as the
domestic law basis for the use of force in Afghanistan against al-
Qa'ida, the Taliban, and associated forces, including ISIS-K. As a
matter of international law, U.S. operations against al-Qa'ida and
ISIS-K targets in Afghanistan to date have been conducted in national
self-defense with the consent of Afghanistan. If confirmed, I would
advise on the legal basis for any future counterterrorism operations
based on the information available to me at the time.
Question. What is L's position on the repeal of the 2001 AUMF as it
relates to counterterrorism operations and detention authorities?
Answer. I am not currently in government and cannot authoritatively
represent the Administration's legal positions. However, President
Biden has committed to working with Congress to ensure that outdated
authorizations for the use of military force are replaced with a narrow
and specific framework that will ensure that we can continue to protect
Americans from terrorist threats. It is my understanding that the
Administration's position is that the 2001 AUMF should not be repealed
without replacement, and that any new or updated AUMF should include
language that avoids undermining the legal basis for ongoing operations
that the President and Congress deem necessary to address ongoing
threats, and provide for uninterrupted authority to continue those
efforts. If confirmed, I look forward to working closely with the
committee and Congress on this important issue.
Question. Can you commit to utilizing the deterrence mechanisms in
the Caesar Syria Civilian Protection Act, which Congress passed on a
bipartisan, bicameral basis as a powerful tool to uphold the Assad
regime's isolation, including through additional sanctions?
Answer. As Secretary Blinken has made clear, the United States has
not lifted sanctions on Syria. Caesar Act sanctions are an important
tool to hold the Syrian regime accountable for the atrocities inflicted
on its own people. If confirmed, I will look into this issue and will
provide legal advice to ensure that the Department of State, in
coordination with the Treasury Department, implements sanctions under
the Caesar Act.
Question. Is a waiver under the Caesar Syria Civilian Protection
Act necessary to authorize Jordan's Electricity Proposal and Egypt's
Gas Proposal with the Syrian regime?
Answer. I am not currently in government and therefore do not have
access to all the relevant facts and any legal analysis. I support
efforts to resolve Lebanon's energy shortages in a way that is
consistent with U.S. sanctions on Syria. I understand that the State
Department is in contact with the Governments of Jordan, Egypt, and
Lebanon, as well as the World Bank, to gain a more complete
understanding of how these arrangements would be structured and
financed, and to ensure they are in line with U.S. policy and address
any potential sanctions concerns. If confirmed, I will work closely
with the Treasury Department and provide legal advice to ensure
compliance with all U.S. sanctions programs in Syria.
__________
Responses to Additional Questions for the Record
Submitted to Sarah H. Cleveland by Senator Jeanne Shaheen
Question. The previous administration took several positions that
were out of step with the international community, particularly on
human rights.
What steps does the Biden administration need to take to restore a
U.S. foreign policy that is rooted in internationally agreed
upon human rights norms and laws?
Answer. President Biden has committed to a foreign policy that is
centered on the defense of democracy and the protection of human
rights. In the last year, the Administration has taken many steps to
restore the place of the United States as a leader in human rights,
including seeking and winning election to the United Nations Human
Rights Council, putting forward U.S. candidates to serve as independent
experts on a number of human rights treaty bodies and United Nations
forums, and promoting accountability for human rights violations and
abuses including through bilateral and multilateral engagement and
application of targeted sanctions. If confirmed, I look forward to
continuing to support the Administration and the Department in
engagement with this Committee, civil society, and the international
community, to promote and protect human rights consistent with
international law.
Question. Across the globe, the principles and institutions of the
international legal system have been under attack in recent years, with
the rise of nationalism and authoritarianism.
What do you see as the most important steps the State Department
can take to bolster the international system and strengthen
international legal norms?
Answer. The administration shares your concern regarding the rise
of illiberal and authoritarian states and their efforts to undermine
human rights, democracy and the rules-based international order. The
most important steps the State Department can take to bolster the
international system and strengthen international legal norms are
constructive engagement and to lead, in concert with other like-minded
states, by the power of example. As Secretary Blinken stated before the
United Nations General Assembly last fall, ``it makes a difference when
the United States shows up, listens, leads.It allows us to strengthen
the rules and institutions that have helped defend our values and
advance our interests for many years.'' U.S. engagement with others in
the international community, including through bilateral and
multilateral work and participation in regional and international
organizations, has helped shape and safeguard rules, agreements, and
mechanisms that help keep our people safe and healthy, and our
businesses competitive while upholding our democratic values. If
confirmed, I would support the Administration and the Department in
engagement with the international community, in particular through the
promotion and protection of international law, and I would look forward
to consulting with this Committee on these efforts.
Question. I have long disagreed with the State Department's
interpretation of eligibility for the Special Immigrant Visa program as
defined in the Afghan Allies Protection Act of 2009. Congressionally
written statute says that individuals are eligible for the program if,
among other requirements, they were or are employed in Afghanistan
``by, or on behalf of, the United States Government.'' The way that
State has interpreted this language over the last two administrations
has arbitrarily excluded those who worked for the U.S. as grantees or
through certain types of contracts. These individuals spent 20 years on
the frontlines of U.S. efforts to engage with the Afghan people, and
certainly meet all other criteria for eligibility, including
demonstrating an ``ongoing serious threat'' to their safety. And this
group includes more women than under current State-determined
eligibility.
I hope that you will take a close look at this language and how it
has been interpreted by the State Department. Do you commit to
doing so, and communicating your legal opinion to my office?
Answer. Yes. I have not had access to the full factual record or
legal analysis surrounding the Department's interpretation of the
statute. But I know that ensuring effective processing of SIV
applications for individuals who provided faithful and valuable service
to the United States in Afghanistan is a top priority for the
Department. If confirmed, I would examine the issue and would be
prepared to engage with Congress and your office on ensuring
implementation of the Afghan Special Immigrant Visa program.
__________
Responses to Additional Questions for the Record
Submitted to Sarah H. Cleveland by Senator Todd Young
Question. Do you believe international tax treaties require the
approval of two-thirds of the Senate in order to be ratified as
outlined by the U.S. Constitution?
Answer. Article II of the Constitution provides that the President
may make treaties with the advice and consent of two-thirds of the
Senators present. On many occasions, however, Congress has passed
statutes authorizing the President to enter into international
agreements on behalf of the United States, and the Supreme Court has
recognized that such statutes can provide a valid legal basis for the
President to enter into international agreements, like the Senate's
adoption of resolutions of advice and consent pursuant to the Article
II treaty process has done.
Whether Congress would wish to pass a statute authorizing the
President to enter into an agreement addressing international taxation
would, of course, be for Congress to decide. Historically, bilateral
income tax treaties have been approved by the Senate via the Article II
treaty process. To the extent that the Senate may prefer that future
agreements addressing international taxation be approved via the
Article II treaty process rather than via statute, this would be a
matter within the Senate's control, as a statute could not pass without
the Senate's approval. Tax treaties have long served to advance
important economic interests of the United States and have enjoyed
strong bipartisan support in the Senate. If confirmed, I would look
forward to engaging with this Committee to continue the historic
partnership between the executive branch and the Senate with regard to
these important agreements.
Question. The United States is currently negotiating an important
international agreement on taxes under the OECD/G20 Inclusive Framework
on Base Erosion and Profit Shifting. One key element, referred to as
Pillar One, will require countries to update international tax rules.
It is my understanding that this includes modification of each of the
United States' bilateral tax treaties. If that is the case, based on
your training and experience as an attorney, do you believe the Pillar
One agreement will need to be implemented through the formal treaty
process?
Answer. Historically, bilateral income tax treaties have been
approved by the Senate via the Article II treaty process. However,
Congress could also authorize the President by statute to enter into
international agreements regarding taxation. Whether the Senate would
wish to do this for the multilateral convention contemplated under
Pillar One would be for the Senate to decide.
Even where agreements are approved via the Article II treaty
process, however, separate implementing legislation sometimes is
required to allow the United States to give effect in its domestic law
to the obligations it undertakes in an international agreement.
Accordingly, even if an agreement such as the multilateral convention
contemplated under Pillar One were approved via the Article II treaty
process, enactment of separate implementing legislation could still be
necessary before the United States could join the agreement and carry
out its obligations thereunder.
If confirmed, I would look forward to engaging with this Committee
on issues related to the proposed Pillar One multilateral convention.
Question. Would you agree that an international tax agreement that
makes fundamental changes to our international tax system and the
global economy are related to the conduct of foreign policy?
Answer. Yes.
Question. If confirmed, how would you advise Treasury and
coordinate with the Senate on the OECD agreement and the treaty
process?
Answer. I believe the Senate's input will be very important as the
Administration considers the ways in which the OECD/G20 Inclusive
Framework's two-pillar solution can be implemented expeditiously and
effectively, including with respect to the multilateral convention
contemplated under Pillar One. If confirmed, I would look forward to
engaging with colleagues in Treasury and elsewhere in the
Administration and with this committee on these issues.
Question. Does the CCP's treatment of China's Uyghur minority
constitute genocide?
Answer. Yes. The administration has recognized that there is an
ongoing genocide and crimes against humanity in Xinjiang province
against the Uyghur minority and members of other ethnic and religious
minority groups. I am also appalled by these actions. I understand that
the Department has sought to impose consequences on those responsible
for these atrocities, including through the imposition of financial
sanctions and visa restrictions, as appropriate. If confirmed, I will
support the Department's efforts to promote accountability for those
responsible for genocide and crimes against humanity in Xinjiang.
Question. What evidence does it take to determine that the CCP was
engaged in genocide in Xinjiang? Do findings by international tribunals
or NGOs have any weight in State Department determinations?
Answer. I understand that, in January 2021, then-Secretary of State
Pompeo determined that the PRC Government, under the direction and
control of the Chinese Communist Party, has committed genocide and
crimes against humanity against Uyghurs and members of other ethnic and
religious minority groups in Xinjiang, and that Secretary Blinken has
stated that he agrees with that determination. As I am not currently in
the Department, I cannot speak to what information the Secretary may
have taken into account when making these determinations. However, if
confirmed, I will look forward to advising the Secretary on these
issues. I also look forward to supporting the Department's work to
promote accountability for those responsible for genocide and crimes
against humanity in Xinjiang, in consultation with this Committee.
Question. If confirmed, how would you advise the Secretary on the
standards for making a genocide determination?
Answer. I understand that the Secretary of State decides, as a
matter of foreign policy, whether the U.S. Government should publicly
characterize particular actions and abuses as a specific international
atrocity crime, including genocide, and that such decisions are based
on an analysis of the law, available facts, and policy considerations.
I also understand that the role of L, in coordination with relevant
Department policy offices, including the Office of Global Criminal
Justice, is to advise the Secretary in applying the law to the
available facts. I also understand that, for the purposes of atrocity
determinations, the Department looks to international law, including
the definition of genocide in Article II of the 1948 Convention on the
Prevention and Punishment of the Crime of Genocide, and U.S. domestic
law. If confirmed, I will look forward to advising the Secretary on
these issues and supporting the Department's efforts to promote
accountability for genocide and other atrocity crimes.
Question. What are the legal consequences of making a genocide
determination under the 1948 Convention on the Prevention and
Punishment of the Crime of Genocide?
Answer. Under Article I of the 1948 Convention on the Prevention
and Punishment of the Crime of Genocide (Genocide Convention), States
Parties have an obligation to prevent and punish genocide. The Genocide
Convention, among other things, provides in Article VI that persons
charged with genocide or any of the other acts punishable under Article
III of the Genocide Convention ``shall be tried in a competent tribunal
of the State in the territory of which the act was committed, or by
such international penal tribunal as may have jurisdiction with respect
to those Contracting Parties which shall have accepted its
jurisdiction.''
Question. In March 2021, the International Criminal Court launched
a one-sided political attack on Israel in the guise of a formal
investigation against alleged Israeli war crimes in Gaza and the West
Bank. This investigation comes even though Israel is not a party to the
ICC and has a robust judicial system capable of investigating and
prosecuting any alleged crimes. The ICC has also threatened action
against the U.S. for actions in Afghanistan. In your view, what is the
proper role of the International Criminal Court?
Answer. I agree with the U.S. Government's longstanding objection
to the ICC's attempts to assert jurisdiction over nationals of non-
parties, such as the United States and Israel, absent the State's
consent or a Security Council referral. As Secretary Blinken has said,
U.S. concerns about these cases should be addressed through engagement
with all stakeholders in the ICC process. If confirmed, I will work
with our partners and allies, together with the Office of Global
Criminal Justice, to focus the Court on its core mission of trying
alleged perpetrators of genocide, crimes against humanity, and war
crimes where the relevant State is truly unable or unwilling to do so.
Question. President Biden has pledged to reopen a consulate in
Jerusalem closed by the previous administration. Such a move would come
after the United States recognized Jerusalem as Israel's capital. What
is your understanding of U.S. obligations related to the opening of
diplomatic facilities abroad? Do agree with the Administration's stated
position that opening such facilities requires the consent of the host
government?
Answer. I understand that the Administration intends to reopen our
Consulate General in Jerusalem to strengthen our ability to engage the
Palestinian people and execute our assistance programs, public
diplomacy outreach, and diplomatic reporting. I also understand that
the reopening of the Consulate General in Jerusalem would not affect
U.S. policy that the U.S. Embassy remains in Jerusalem, would not alter
the U.S. recognition of Jerusalem as Israel's capital, and would not
constitute the recognition of a Palestinian state.
Additionally, I understand that to reopen the Consulate General,
the United States would look to Israel to provide privileges and
immunities to Consulate General officers and employees as they have in
the past, and I would expect the Office of the Legal Adviser to support
policymakers in any necessary discussions to that end. If confirmed, I
would work to ensure that the Department complies with all applicable
congressional consultation and notification requirements related to
reopening the Consulate General in Jerusalem.
Question. The Biden administration is continuing to negotiate with
Iran in Vienna on a nuclear deal to curb Tehran's nuclear program. The
Iran Nuclear Agreement Review Act (INARA) gives Congress the right to
review any agreement involving Iran's nuclear program. What is your
view regarding INARA? Do you agree that under INARA any nuclear related
agreement with Iran must be presented to Congress?
Answer. I understand that INARA requires that any ``agreement''
with Iran related to Iran's nuclear program be transmitted to Congress
for a period of congressional review, and that ``agreement'' is broadly
defined to include non-legally-binding political arrangements. I also
understand that the Administration has committed to ensuring that the
requirements of INARA are satisfied. If confirmed, I commit to ensuring
that policy makers obtain the legal advice they need in order to
satisfy the requirements of INARA, including its transmission
requirement.
Question. If the Administration reaches an agreement to return to
the JCPOA, do you believe that would need to come to Congress under the
terms of INARA?
Answer. If confirmed, I am committed to ensuring that the
Administration carefully considers the facts and circumstances of any
U.S. return to the JCPOA to determine the implications under INARA, and
to ensuring that policy makers receive the legal advice they need in
order to satisfy the requirements of INARA, including its transmission
requirement.
__________
Responses to Additional Questions for the Record
Submitted to James C. O'Brien by Senator Robert Menendez
Sanctions Coordinator Position
Question. Sanctions are one of the few meaningful sticks we have
in our foreign policy toolkit, yet State and successive administrations
have often had difficulty developing and implementing them in a
coordinated manner. The law creating your office gives you three key
roles: the lead sanctions diplomat, the lead for State on sanctions in
the interagency, and the lead within State in coordinating sanctions
policy.
I'd like to hear how you will approach each of these roles.
Answer. In my testimony to the committee on January 12, I outlined
the importance of ensuring that sanctions are part of our national
security strategy, support clear policy objectives, and rest upon a
solid analysis of alternatives, effects, and support from our partners.
The three roles established in the law should reinforce one
another. A senior voice and decision-maker focused on sanctions can
affect deliberations in the Department and with other agencies; a point
of contact for other agencies and partners should improve feedback
about the design and adaptation of sanctions and the strategies of
which they are a part; and engagement with partners should provide
additional ideas about how U.S. policies are functioning and
opportunities to strengthen international cooperation against
sanctionable activities.
This is a lot for a newly-reconstituted, still-growing Office to
undertake. It will require a clear set of priorities, to be set by the
Secretary, and cooperation from senior policymakers across the
Administration and Congress. If confirmed I look forward to consulting
with the committee on priorities and resources for the office.
Question. Once you are in office, I want to make sure there is a
running dialogue between you and your team and me and my staff. Do you
commit to that?
Answer. Yes. I would especially appreciate learning what concerns
you are hearing about U.S. sanctions, recommendations for information
on sanctions, and possible Congressional action related to sanctions.
State-Treasury Relationship
Question. I think there are real questions about whether the
executive branch is structured appropriately on sanctions. Everyone
seems to agree they are a foreign policy tool, but Treasury is the 900-
pound gorilla in this area and regularly gets its way over State. The
release of the Treasury sanctions policy review a few months ago is
representative: it was a Treasury only report that barely had any input
from State and did not address State-administered sanctions or human
right sanctions like Global Magnitsky.
How will you approach the inter-agency process to allow for State
and Treasury to have a more balanced relationship on sanctions
policy?
Answer. The first conclusions of the Treasury Report were that
sanctions must be linked to broader U.S. policy and strong
international partnerships. The Treasury report also correctly cited
that ``Treasury's work on sanctions is conducted in close partnership
with other parts of the Executive Branch, in particular the Department
of State and the National Security Council, which lead the formulation
of the foreign policy and strategic goals that sanctions serve, as well
as the Department of Justice.'' If confirmed, I will vigorously
advocate for the State Department's role in shaping and leading U.S.
foreign policy and engagement with foreign partners. I expect to build
on the close working relationship the State Department has with the
Treasury Department and other agencies, as well as our foreign allies
and partners, and to engage regularly as well with the National
Security Council on any interagency disagreements.
Executive Branch Implementation of Mandatory Secondary Sanctions:
When it comes to foreign policy in particular, the executive branch
seems to take the position that mandatory equals discretionary, and
there is often a failure to implement secondary sanctions as Congress
intended. This is not just an issue of Congress versus the executive
branch--private sector actors tell us that U.S. secondary sanctions are
losing their bite because there are so rarely designations.
Question. Do you commit to being a strong advocate for full
implementation and enforcement of mandatory sanctions?
Answer. Yes. I am interested in learning about the views of private
sector actors mentioned in the question and, if confirmed, will consult
with the committee and other colleagues on that question.
Cuba
Question. The Treasury Department's sanctions review report earlier
this year underscored the importance of U.S sanctions being tied to a
specific policy objective. In the case of Cuba sanctions, Congress has
defined in law clear policy goals and benchmarks that need to be met
before sanctions are lifted. As you know, I care deeply about U.S.
policy towards Cuba and I was concerned about previous efforts to lift
U.S. sanctions on Cuba--in violation of the spirit of U.S. law--even
while Cuba's intransigent dictatorship refused to take any steps to
permit a democratic opening in the country.
What assurances can you provide that you will follow the letter and
spirit of the law when you are coordinating U.S. sanctions on
Cuba?
Answer. I understand and appreciate your deep commitment to the
human rights of the Cuban people. If confirmed, I will work to advance
U.S. policy on Cuba sanctions consistent with all relevant laws. I
commit to engage with you on the issues if I am confirmed.
Question. Can I have your personal commitment that you will consult
directly with me and my staff prior to any significant changes to U.S.
sanctions on Cuba--whether those changes are proposed by you, others in
the State Department, or by another part of the U.S. Government?
Answer. Yes. I understand and appreciate your deep commitment to
the human rights of the Cuban people. If confirmed, I will engage with
the relevant policymakers on Cuba policy in the Administration so that
my office can remain informed. I commit to engage directly and
routinely with you and your staff.
The Biden administration rightfully designated Cuban Defense
Minister Lopez Miera under Global Magnitsky sanction, but it is clear
that the challenges posed by the Cuban armed forces are bigger than one
general. In addition to military involvement in human rights abuses,
I'm concerned about the rise of a new generation of military oligarchs
that control vast parts of the Cuban economy. Secretary Blinken made a
commitment to me regarding a Magnitsky designation on the Cuban
military.
Question. Can I get your commitment that you will make this
designation a priority, if you are confirmed?
Answer. If confirmed, I will learn about work on this designation
and consult closely with colleagues in the Department. I will consult
with your staff and you about the topic. If a designation is warranted,
I will advocate for it.
China
Question. I am deeply concerned that China is continuing to buy oil
from the Iranians both subverting international sanctions and impacting
the oil market. I am disappointed that the U.S. and the rest of the
international community do not seem to be holding China accountable for
these violations.
What steps is the United States taking to urge/force China to
comply with sanctions related to Iran's oil?
Answer. The United States has designated individuals and entities
in response to Iranian sanctions evasion activities, including
transactions involving the PRC. If I am confirmed, I will seek to learn
what more might be done. I am told that the Administration has also
been raising this issue in diplomatic channels with Beijing as part of
a dialogue on Iran policy and that Beijing has a strong interest in
preventing Iran from developing a nuclear weapon given the profoundly
destabilizing impact that would have in a region upon which the PRC
depends for its oil imports.
Afghanistan:
Question. What further steps can the United States take to clarify
and expand upon existing sanctions authorities on the Taliban and
Haqqani Network, while ensuring that humanitarian aid goes directly to
the Afghan people? What can we do to ensure that these steps don't
result in a complete economic collapse that could cause a mass
humanitarian crisis in Afghanistan?
Answer. If I am confirmed, I expect to take a leadership role in
striking an appropriate balance between sanctions against listed
Taliban members and the Haqqani Network and supporting the continued
flow of humanitarian aid. This approach would include evaluating the
effectiveness of the steps that have been taken.
The Department of the Treasury's Office of Foreign Assets Control
(OFAC) issued six general licenses (GLs) aimed at facilitating economic
activity and the flow of assistance to benefit the people of
Afghanistan. Among other activities, these actions facilitate the
official business of the U.S. Government, the official business of
certain international organizations (including the U.N. and World
Bank), and NGOs, and those acting on their behalf, providing
humanitarian assistance and other critical support in Afghanistan as
well as the export to Afghanistan of critical food and medicine.
Burma
Question. The 2021 coup in Burma makes clear--as a number of us
here offered in 2014 and 2015, only to be ignored by the
Administration--that the way in which the United States dealt away its
leverage and potential pressure in Burma was a mistake, undermining the
ability of the democracy movement to get the military to relinquish
power, and knee-capping efforts for genuine ethnic and national
reconciliation, including the subsequent Rohingya genocide.
How do we regain traction and leverage, what sanctions do you think
would be appropriate to reimpose, what new sanctions might be
necessary, including targeting MEC and MEHL and MOGE, so that
perhaps this time we can get Burma right?
Answer. The United States has been steadfast in its support for the
people of Burma since the military coup d'etat on February 1, 2021.
Immediately following the coup, President Biden issued an Executive
Order 14014, authorizing sanctions in response to the coup. In total,
the U.S. Government has sanctioned 58 individuals and 20 entities.
These include top military commanders and senior officials of the
regime, as well as businesses that generate revenue for the military
and its leaders. As I understand them, sanctions against individuals
and entities connected to the military regime impose a continuing and
direct cost on the military regime, which is responsible for the
horrific violence perpetrated against the pro-democracy movement and
the people of Burma.
While I am not part of the Administration and the Administration
does not preview future sanctions, if the violence and abuses in Burma
continue, I anticipate that the Administration will continue to use all
available tools to put pressure on the regime to cease the violence,
release all those unjustly detained, and restore Burma's path to
democracy. The announcement of anti-corruption initiatives may also
provide important tools for addressing the networks that enable
corruption, human rights abuses, other sanctionable activity, and
sanctions evasion.
In all these aspects, coordinating sanctions with allies and
partners is important to make our actions as impactful as possible. Our
coordinated response shows that the international community is united
against the coup, the horrific violence, and suppression of Burma's
democracy. If confirmed, I am committed to continuing close U.S.
coordination with likeminded partners, including the UK, Canada, and
the EU, who have imposed sanctions on the military regime since the
coup.
Venezuela
Question. I have authored every piece of major legislation on
Venezuela that Congress has passed; this includes sanctions provisions,
as well as policies in support of a negotiated solution to the
Venezuelan crisis. While the entire world obviously knows that Maduro
has no genuine interest in negotiations, our sanctions very clearly
give us leverage to push a process forward. However, I am concerned
that some in the Administration would lift some sanctions for nothing
in return from Maduro.
If confirmed, will you ensure that the Administration doesn't cede
leverage to forge a negotiated solution without meaningful
concessions from the Maduro regime?
Answer. If confirmed, I will work closely with the interagency and
foreign partners and allies to advance U.S. foreign policy objectives
in Venezuela. My personal experience across several continents is that
the prospect of accountability, including through sanctions, can be
important leverage for peace negotiations, and I expect to discuss this
with responsible officials.
Hong Kong
Question. During the previous administration the United States
rolled out a series of sanctions designations related to China's
treatment of Hong Kong and Hong Kongers. None of those sanctions
appeared to have had any deterrent or shaping effect on Beijing's
calculus.
What are the lessons that you take from that?
Answer. The Department of State remains deeply concerned about the
degradation of the autonomy of Hong Kong, and, if confirmed, I will
continue the Department's work to employ a variety of policy tools in
response to the deteriorating situation. Sanctions are one such tool.
As I noted in my testimony, sanctions must be part of a strategy; they
themselves cannot be the strategy.
In addition, working with partners and allies is also key to create
effective sanctions regimes. If confirmed, I look forward to engaging
with our global partners whose cooperation will make sanctions programs
more effective. This would again require that the Coordinator's Office
work closely with U.S. missions abroad and other officials who engage
other governments.
Question. Did we use sanctions in a way that was ineffective? Did
we misalign targets? Or are there natural limits to what sanctions can
leverage without a broader and more coherent policy framework?
Answer. The Biden administration has made the U.S. and allied
approach to China and the relationship with China central to U.S.
foreign policy. If confirmed, I look forward to learning more about the
role that sanctions can play in that strategy and will consult with the
committee accordingly.
On Hong Kong itself, sanctions cannot substitute for a broader
policy or achieve broader goals by themselves. If confirmed, I am
interested in learning more about how sanctions in this instance can
reinforce the China strategy and principles important to the
international order here and elsewhere. Hong Kong's traditional role in
the international financial system is particularly relevant in the
consideration of how sanctions might be relevant and effective, both
with regard to Chinese policy and to institutions and individuals
seeking to benefit from that policy. If confirmed, I will work closely
with my colleagues in the Department and other agencies to consider
potential future sanctions that will advance our foreign policy
interests regarding the deteriorating situation in Hong Kong.
Ethiopia
Question. The administration has designated four Eritrean entities
and two Eritrean individuals under the E.O., but has not designated any
Ethiopians, or made designations of actors supplying arms or materiel
to parties to the conflict.
Can we expect to see additional designations related to the
Executive Order Imposing Sanctions on Certain Persons with
Respect to the Humanitarian and Human Rights Crisis in Ethiopia
issued on September 17th?
Answer. If confirmed, I will work with colleagues to continue to
use all policy options available to stop the fighting and human rights
abuse, get the Ethiopian Government and Tigray People's Liberation
Front to the negotiating table, secure the withdrawal of Eritrean
forces from Ethiopia, enable access to critical humanitarian
assistance, and support an inclusive national dialogue process.
North Korea
Question. ``Maximum pressure'' on North Korea under the previous
administration was neither. And as we stand at the start of 2022 it's
clear that the sanctions regime currently in place has been badly
broken. The Panel of Experts at the U.N. has been sidelined. There is
tension between Washington and Seoul. And North Korea continues to
march happily along with their nuclear and ballistic missile programs.
Moreover, under successive administrations there seems to have been a
disconnect between the bilateral and multilateral sanctions that we
impose on North Korea and our diplomatic posture.
Given the orientation of the new administration towards North Korea
how would you recommend revising and refining our sanctions in
a way that will actually be effective to compel different
behavior from North Korea?
Answer. The United States has a vital interest in deterring the
DPRK, limiting the reach of its unlawful and dangerous WMD and
ballistic missile programs, and, above all, keeping the American people
and America's allies safe. It is important for the international
community to send a strong, unified message that the DPRK must halt
provocations, abide by its obligations under U.N. Security Council
resolutions, and engage in sustained and intensive negotiations with
the United States.
United Nations sanctions on the DPRK remain in place, and we will
continue to promote their implementation, including through diplomacy
at the United Nations and with the DPRK's neighbors. If confirmed, I
will work closely with our partners to ensure U.S. sanctions advance
our policy goals, including ending the DPRK's unlawful WMD and
ballistic missile programs.
Nicaragua
Question. Starting in February 2020, I publicly advocated that U.S.
sanctions needed to be aimed towards the single diplomatic goal of
forging conditions for democratic elections. Instead, the Trump
administration sanctioned at random without any clear strategy.
Although Ortega's fraudulent elections are now behind us and numerous
opposition candidates are still in jail, it remains clear that
Nicaragua needs new democratic elections. Congress passed my RENACER
Act in November, which calls for a deeper marriage between our
sanctions and diplomatic goals.
If confirmed, can you commit that you personally will meet with my
staff during your first 90 days to discuss how we can best
utilize U.S. sanctions to advance our diplomatic goals in
Nicaragua?
Answer. Our sanctions strategy has been and continues to be aimed
at advancing our foreign policy goals by, among other things, promoting
accountability for the Ortega-Murillo regime's actions to undermine
democracy, including by preventing free and fair elections, and respect
for human rights. If confirmed, I commit to meeting with you and your
staff within the first 90-days to discuss the use of U.S. sanctions to
advance our diplomatic goals in Nicaragua.
Mali
Question. Following actions in the U.N. Security Council, the Trump
administration issued an Executive Order in 2019 with respect to those
who undermine peace and security in Mali. Five individuals implicated
in armed group activities and/or illicit trafficking were designated in
late 2019, concurrent with U.N. designations, but there have been no
subsequent design actions despite the fact that there have been two
military coups, worsening violence in northern and central Mali, and
recent public reports that the current junta plans to delay elections
and engage the Wagner Group, a U.S. and EU sanctioned Russian private
military company. And there has never been a government official
sanctioned, despite ample evidence of malfeasance documented in U.N.
Panel of Experts' reports.
What do you intend to do to ensure that the Mali sanctions program
is furthering U.S. foreign policy goals in Mali?
Answer. If confirmed, I will work closely with my colleagues in the
Department and other agencies to determine what tools would be helpful
and consistent with the efforts of our ECOWAS and European partners to
achieve our policy goals in Mali. I would unfortunately anticipate that
further action in the U.N. Security Council would be challenging given
Russia's relationship with the Malian authorities.
Question. Also, what more can the Administration do to help counter
Russia's malign influence in Mali--and elsewhere in Africa?
Answer. If confirmed, I will work with colleagues in the Department
and other agencies to identify opportunities to further counter Russian
malign influence through the African continent. The administration has
noted that Africa can play a central role in driving global economic
growth, especially through the digital and green transitions. As U.S.
institutions and businesses look to play important roles across the
continent, support for the rule of law and anti-corruption efforts,
including through sanctions, will be an important part of U.S. policy,
with regard to Russia and other actors.
Democratic Republic of the Congo
Question. The U.S. has levied sanctions against individuals and
entities in the Democratic Republic of the Congo based on several
different statutes and programs. Among these are recent visa
restrictions against wildlife traffickers under section 212(a)(3)(C) of
the Immigration and Nationality Act (INA), and corruption-related
sanctions under the Global Magnitsky Act.
With so many different sanctions programs in place to address such
a wide range of problems in the DRC, what is your assessment of
the overall effectiveness of US sanctions in DRC, and of the
relative effectiveness of each program?
Answer. The United States' commitment to promote accountability for
corrupt actors and other spoilers of the DRC's democratic processes is
clear. If confirmed, I will continue to advocate for the use of all
relevant authorities, including both domestic and U.N. sanctions, to
support the reform efforts of the DRC Government and target armed
groups, human rights abusers, corrupt actors, as well as those that
profit from the illicit trade in natural resources, such as wildlife
and minerals, at the expense of the Congolese people. Anti-corruption
initiatives, such as those announced in December, provide additional
tools to address the networks that enable corruption, human rights
abuses, sanctions evasion, and other sanctionable activities.
Our sanctions authorities, especially when implemented
multilaterally, underscore our continued work with partner nations to
designate individuals and entities who threaten peace and security in
the DRC. I would also evaluate how best to use the tools available to
address the growing threat from ISIS-DRC, also known as the Allied
Democratic Forces.
Central African Republic
Question. It is unclear that those sanctioned in the Central
African Republic (CAR) have significant holdings in U.S. financial
institutions or other foreign banks, own property abroad, or have an
interest in obtaining U.S. visas.
How does this impact the effectiveness of current sanctions on CAR?
Answer. The impact of sanctions goes beyond the direct financial
implications of a target's U.S. assets and has the potential to impose
significant reputational costs that limit a designee's ability to
conduct sanctionable activity and may play a role in political
settlements. Anti-corruption initiatives may provide additional tools
to address the networks that enable corruption, human rights abuses,
sanctions evasion, and other sanctionable activity.
Sanctions in CAR, especially when taken multilaterally, underscore
U.S. and global support for the CAR Government's efforts to deter those
who stoke violence and threaten peace for the Central African people.
The December designation of armed group leader Ali Darassa at the U.N.
is one such example, which the CAR Government and civil society
welcomed. If confirmed, I will continue to work with partner nations to
designate individuals and entities both domestically and at the U.N.
Question. What actions could the U.S. take that would impact those
who undermine peace and security in CAR, and what actions will you take
if confirmed?
Answer. If confirmed, I will carefully review all diplomatic tools
available to respond appropriately to those who undermine peace and
security in CAR, including both domestic and U.N. sanctions. Anti-
corruption initiatives may provide additional tools to address the
networks that enable corruption, human rights abuses, sanctions
evasion, and other sanctionable activity.
Sanctions Enforcement in Africa
Question. The U.S. has sanctions regimes for several countries in
Africa. Yet robust and effective implementation of sanctions in Africa
has been a relatively low priority for policymakers and the agencies
responsible for implementing sanctions.
Do you commit to briefing SFRC staff about your assessment of the
barriers to the effective implementation of US sanctions
programs for Africa, and your plans to overcome them if
confirmed?
Answer. If confirmed, I will continue the work of expanding the
impact and efficacy of our sanctions across Africa as part of a larger
policy framework to promote accountability among human rights abusers,
corrupt actors, and those who threaten peace and stability. I would
look forward to working closely with Treasury and Congress in
evaluating and improving our sanctions and those of our partners.
I will advocate for sufficient resources and priority to implement
and update designations made under these programs if that is a barrier.
The administration has made clear that Africa will be an important
driver of global economic growth, and access for U.S. and allied
institutions and companies will depend on the rule of law and efforts
against the networks that enable corruption, human rights abuses,
sanctions evasion, and other sanctionable activity.
Question. Do we have enough people dedicated to effectively enforce
sanctions designations related to conflicts and human rights abuses in
Africa? If not, what steps are you planning to take to change that?
Answer. Promoting accountability among those who stoke violence,
abuse human rights, and use public resources private gains is key for
ensuring a prosperous and stabile Africa. If confirmed, I will advocate
for sufficient resources, in State and to the extent I can at Treasury,
and policy focus on Africa sanctions in order to further these goals.
Syria
Question. While I appreciate the sanctions this administration has
imposed under long-standing Syria authorities; I am concerned by the
lack of any sanctions imposed by this administration under the
bipartisan Caesar Act. Failure to do so would be a missed opportunity
to hold the Assad regime, and its international enablers like Russia
and Iran, accountable for their ongoing human rights violations against
the Syrian people.
If confirmed, what steps will you take to impose mandatory
sanctions under the Caesar Act?
Answer. The Caesar Act is a powerful tool in limiting the ability
of Assad and others in the Syrian regime to profit from the conflict,
including profiting by forcibly taking the property of the Syrian
people. If confirmed, I will look at every appropriate sanctions
authority to promote accountability for the Assad regime's abuses and
will coordinate with the U.S. Department of the Treasury, which
implements the Caesar Act, to deploy those sanctions when opportunities
are identified.
Question. How can those sanctions, as well as others under other
Syrian authorities be better coordinated to ensure that legitimate
humanitarian groups doing critical work in Syria are not caught up in
de-risking efforts by financial institutions?
Answer. If I am confirmed, I expect that humanitarian issues will
be an important topic for the Coordinator's Office. Outreach and
dialogue are crucial in any sanctions program, particularly programs
like those in Syria, where humanitarian assistance is essential.
I understand that during the previous year, the Administration
prioritized making sure that U.S. sanctions were not having an
inadvertent negative impact on the flow of humanitarian aid, including
in Syria. This included the Department of the Treasury in November
amending the Syrian Sanctions Regulations to expand authorizations for
NGOs to engage in certain additional humanitarian activities in Syria.
If confirmed, I intend to work with humanitarian groups, the financial
sector, and our international partners to continue to identify
humanitarian needs and do the work required to ensure that appropriate
exceptions and authorizations are in place with respect to the care of
the Syrian people.
Iran
Question. I am concerned by the Administration's recent decision to
grant a specific license to South Korea, allowing for the payment of
$63 million in damages to an Iranian company with ties to the Iranian
Government, which has shown time and again that it would rather funnel
money to terrorist groups and other proxies than help its own people.
If confirmed, will you commit to ensuring that such repatriated
funds cannot be used by the Iranian regime to further its
regional aggression against the U.S. and our allies and
partners?
Answer. The administration has fundamental problems with Iran's
actions across a series of issues, including its support for terrorism,
its ballistic missile program, its destabilizing actions throughout the
region, and its human rights abuses. If confirmed, I will ensure
continued support for a comprehensive approach using a variety of
tools, including sanctions, to counter the full range of Iran's
destabilizing behavior.
On the funds in question, I am told that the license issued by the
Administration permit use of the U.S. financial system to facilitate
the payment of an arbitral award to a group of private Iranian
investors and does not involve the transfer or draw down of Iranian
Government funds. If confirmed, I will be available to consult with you
further on this.
Question. What further steps must be taken to prevent such funds
from supporting nefarious Iranian activity?
Answer. The administration will continue to use its considerable
leverage--including sanctions and joint action with allies and
partners--to protect U.S. interests. As part of these efforts, we will
continue to maintain and impose sanctions, including on Iranian
entities providing support to terror groups and violent militias in the
region.
__________
Responses to Additional Questions for the Record
Submitted to James C. O'Brien by Senator James E. Risch
The Role of Sanctions Coordinator Within the State Department
Question. One of the chief goals of the position of Sanctions
Coordinator is to improve internal Department communication about the
goals of our sanctions regimes and most effective use of implementation
tools and resources. What is your vision for the role of Sanctions
Coordinator within the Department internally?
Answer. While Secretary Blinken ultimately will set priorities, the
Coordinator will be the Secretary's ``principal adviser'' on sanctions
issues, including on the numerous sanctions authorities delegated to
the Secretary. This role will make the Office a tool for the Secretary
to use in setting and conveying the Department's priorities and for
resolving disputes among bureaus.
Authorities, of course, are only a starting point, and, if
confirmed, I will devote significant effort to developing relationships
with policymakers within the Department and interagency. The Sanctions
Coordinator will need to provide clear, actionable guidance on
sanctions priorities, design, and implementation; effective advocacy in
Washington and globally; and constructive options for sanctions
programs.
Question. How would you plan to improve communication within the
Department about sanctions issues?
Answer. If confirmed, I would work to ensure that sanctions advance
broader U.S. policy, taking into account expected impacts, likely
responses, steps needed to mitigate collateral consequences, and
follow-up needed to ensure ongoing effectiveness. Having and using such
a deliberative process will help each Department bureau responsible for
a sanctions program or policy initiative understand the broader context
in which decisions are sanctions are being made.
Also, the Sanctions Coordinator office should be staffed and
organized to be able to effectively engage closely and directly at the
working level with relevant bureaus and offices to convey priorities
and requirements. If I am confirmed, I would seek to provide assistant
secretaries and Department leadership with timely, early guidance,
including on likely reactions to sanctions and lessons learned from
existing sanctions programs, with the aim of informing decisions both
on sanctions and how sanctions have influenced previous policy goals.
Question. How would you deconflict with other offices to prevent
duplications of effort?
Answer. The Department has excellent sanctions expertise, including
on counter-proliferation, counterterrorism, anticorruption, and
counter-narcotics. If confirmed, I would seek not to add redundant
expertise within the Coordinator's Office but would rather look to
provide these existing programs and structures with coordinated policy
guidance and expert assistance as needed to ensure that the threat or
use of sanctions are part of broader policy goals. I would focus the
Coordinator's Office on providing clear guidance on priorities, goals,
and scope early; advocating for timely decisions; and developing best
practices so that each program benefits from the lessons of others. The
Office's role in exercising authorities delegated to the Secretary, as
set out in the statute establishing the office, will be an important
tool. Consistent coordination and communication will be core to all the
office's work.
Question. How would you plan to improve coordination with the
regional bureaus on particular sanctions regimes?
Answer. I anticipate that the Coordinator's Office will have a
liaison to each regional bureau, will coordinate with other relevant
bureaus, and will seek to ensure that each bureau is able to take
advantage of lessons from other sanctions programs and from discussions
about sanctions on Capitol Hill and elsewhere. If I am confirmed, I
expect to work directly with the relevant assistant secretaries, as
directed by the Secretary, so that sanctions guidance can be
incorporated into policymaking as early as possible.
Question. How would you plan to work with the Bureau for Economic
and Business Affairs specifically?
Answer. If confirmed, I would work closely with the Bureau of
Economic and Business Affairs (EB) on sanction issues, including on
interagency and multilateral coordination efforts. EB houses much of
the Department's expertise in designing and implementing sanctions, and
it will be an especially important partner. EB also has a unique role
in the Department through its established work engaging with the global
business community and in assisting U.S. companies around the world.
This will make it a particularly important partner in assessing the
effectiveness and effects of sanctions and in ensuring good
communications with the private sector.
The Role of Sanctions Coordinator Within the Interagency
Question. If confirmed, you will be responsible for coordinating
U.S. sanctions policy across the interagency. How would you aim to
improve U.S. interagency communication with regard to sanctions to
ensure our sanctions regimes are fully aligned with U.S. foreign policy
objectives?
Answer. If confirmed, I would work closely with all relevant U.S.
departments and agencies. This will require, first, close coordination
across the Department to ensure that all officials deliver a consistent
message in all interagency policy bodies. In addition, if I am
confirmed, I would work closely with, among others, the National
Security Council, Treasury Department, Commerce Department, and the
Intelligence Community. The Sanctions Coordinator should provide a
focal point for international reactions to sanctions proposals and
ensure that these views are understood and considered in the domestic
policy-making process.
Question. If confirmed, in particular, how would you plan to work
with the Department of the Treasury and its Office of Foreign Assets
Control?
Answer. The Department's partnership with the Treasury, and with
OFAC in particular, continues to be close. If confirmed, I will seek
close working relationships with Treasury officials and those in OFAC.
Both Departments play a central role in the development,
implementation, and enforcement of sanctions and, in many instances, as
Executive Order 13224, rely on the same set of authorities. This shared
purpose requires close coordination on priorities, tactics, and
designations as sanctions are considered, proposed, announced, and
implemented. Effective information sharing also remains a critical
component of this process, and, if confirmed, I would work to continue
improvements made in this area so that State can appropriately fulfill
its role in sanctions implementation.
Question. In the event of a policy conflict between your office and
another agency, how would you approach resolving the conflict?
Answer. Disagreements during the policymaking process are expected
and healthy, and, if confirmed, I would expect the Coordinator's office
to engage directly with relevant agencies and the National Security
Council to address any differences of opinion. Such a scenario could
require further coordination within the Department or, if a
disagreement remains with another agency, I would, as dictated by
statute as the ``principal advisor to the senior management of the
Department and the Secretary'' on sanctions, work to ensure that the
views of the Coordinator's Office would be reflected in Department
preparations for senior interagency policy meetings.
Interactions with Foreign Governments
Question. Another goal of creating this office and elevating this
position to the rank of Ambassador was to create a centralized point of
contact for foreign governments to ensure effective communication with
allies and partners on sanctions, implementation, and technical
cooperation. In your view, what challenges does United States face in
its relationships with foreign allies and partners regarding sanctions
policy and implementation?
Answer. If confirmed, I anticipate a significant amount of my time
will be dedicated to partner engagement. When sanctions are implemented
in coordination with our partners, we send a strong message of
international resolve to deter or constrain malign activity and hold
bad actors to account. They also increase the effectiveness of other
efforts, as bad actors are further cut off from global financial and
other networks that enable corruption, human rights abuses, and
sanctions evasion.
The challenges of engaging with partners are also opportunities for
further engagement. From my experience, I know that feedback from
partners with different views can inform U.S. sanctions policy;
reluctant partners can provide information as well as occasional public
support; and capacity constraints in partners can provide opportunities
to engage in strengthening domestic systems against corruption,
sanctions evasion, and other weaknesses that can threaten U.S. and
allied security. In this regard, if confirmed, I look forward to
working with relevant stakeholder bureaus to support the Democracies
Against Safe Havens initiative, to which the Department committed at
President Biden's Summit For Democracy in December 2021. This
initiative seeks to increase coordination and expand partners' capacity
to establish and implement corruption-related sanctions regimes.
Question. Where does the United States need to improve
communication with foreign countries on sanctions?
Answer. The United States maintains close relationships with our
foreign allies and partners in the development and implementation of
sanctions. This includes various bilateral and multilateral fora such
as the U.N. Security Council, the G7 and routine engagements with
Canada, the United Kingdom, the EU, Australia and New Zealand. Anti-
corruption initiatives, in particular the Democracies Against Safe
Havens initiative, provide a new opportunity to build effective
coalitions that will make anti-corruption sanctions more effective and
that can address sanctions evasion. A key goal of the Sanctions
Coordinator, and in fact a large amount of the time I expect to
dedicate in this role, will be in talking with and coordinating
sanctions with key foreign partners.
Question. The United Kingdom was previously a key partner in
navigating the European Union's (EU) financial institutions to
effectively implement various sanctions regimes. Now that the United
Kingdom is no longer a member of the EU, do you foresee gaps in U.S.-EU
cooperation on sanctions? If so, how would you propose to fill those
gaps?
Answer. The United States maintains a close relationship with both
the United Kingdom and the European Union on sanctions development and
implementation. Both relationships, though different in some ways post-
Brexit, remain critical to the success of coordinated sanctions
efforts. Each relationship will be central to developing measures that
attack the networks enabling corruption, human rights abuses, and
sanctions evasion. If confirmed, I will continue to advance these
critical relationships and expect each of them to occupy core roles in
global approaches to sanctions.
Resourcing and Personnel
Question. If confirmed, what kind of structure would you envision
for the Office of Sanctions Policy?
Answer. If confirmed, I envision an office with the necessary
resources to amplify and support the work of the State Department
bureaus and offices. This would likely start with staff assigned as
liaison to bureaus directly involved in sanctions and related
policymaking.
It would also mean providing expertise and experience to look
across sanctions programs so that best practices can be transmitted
across the Department. The Consolidated Appropriations Act, 2021,
Public Law 116-260, provides the head of the Office of Sanctions
Coordination with direct hire authority through December 2022. I
understand that this was done to ensure that the office could quickly
hire qualified professionals with technical expertise in the use of
sanctions authorities and in sanctions implementation. This is an
especially important and appreciated tool to successfully stand up this
office. If confirmed, I would be happy to consult with you on the
status of staffing the office and on my intentions, upon reviewing the
existing structure, for hiring and structuring.
Question. If confirmed, what are your plans for the use of this
authority?
Answer. If confirmed, I will exercise the direct hire authority to
ensure that the office is appropriately staffed and resourced with the
expertise needed to carry out the office's mandate in support of the
Secretary. It can be especially important in attracting personnel who
will have experience that might not be common within the Department,
for example, in understanding commercial networks that facilitate
corruption, human rights abuses, and sanctions evasion.
Question. Do you commit, if confirmed, to keep this committee
updated about the office's use of this authority, and to keep the
committee apprised of whether an extension of this authority would
serve the needs of the office and the goals of the legislation that
created this office?
Answer. Yes, if confirmed, I commit to updating the committee on my
use of the authority and whether an extension would serve the needs of
the office and the goals of the legislation.
Syria
Question. Can you commit to advocating for robust enforcement of
the sanctions tools provided in the Caesar Syria Civilian Protection
Act?
Answer. Yes. Our sanctions, including under the Caesar Act, are an
important tool to press for accountability from the Assad regime, with
respect to its atrocious record of human rights abuses inflicted upon
the Syrian people. If confirmed, I will commit to advocating for robust
enforcement of the sanctions tools provided in the Caesar Syria
Civilian Protection Act.
Question. How can sanctions be used to further U.S. national
security objectives in Syria?
Answer. My experience is that individual accountability for those
who commit human rights abuses can be an important tool in making and
sustaining peace. If confirmed, I expect to engage with colleagues
about the role that sanctions can play in advancing U.S. foreign policy
in Syria and holding to account those responsible for serious human
rights abuses.
Question. What role should sanctions play in ensuring
accountability for the crimes committed in Syria, by both Syrians and
non-Syrians alike?
Answer. My experience in advising on peace negotiations in Europe,
Africa, and Asia is that those responsible for violations of
international humanitarian law often are obstacles to peace. Sanctions
(and prosecution) can be effective tools to create an environment
conducive to peace, and, if confirmed, I look forward to engaging with
colleagues on the role that sanctions could play. Sanctions will remain
a critical tool to advance U.S. foreign policy in Syria and promote
accountability of the Assad regime, those who support the regime, and
other armed groups in Syria for their role in serious human rights
abuses.
Question. A majority of the sanctions both the Trump and Biden
administration have issued against the Assad regime are pursuant to an
EO rather than the Caesar Syria Civilian Protection Act. Sanctions
Under EO are not consistent with the legal requirements outlined in the
Caesar Act. Please provide an explanation for sanctions issued under EO
and not pursuant to the law.
Answer. I do not know the rationale, because I was not part of the
Trump administration and have not been part of the Biden
administration. If confirmed, I commit to exploring this issue and
consulting with you further.
Question. Please provide your assessment of the importance of U.S.
deterring reconstruction funding in Syria.
Answer. Secretary Blinken has stated that the United States does
not support normalization with Syria; does not support reconstruction
with Syria until there has been irreversible progress towards a
political solution; and will not lift sanctions until there is
irreversible progress toward a political solution. If confirmed, I will
look further into the issue of foreign government reconstruction
efforts in Syria.
Question. In your view, how can sanctions be used to prevent
countries from providing reconstruction funds to an unreformed Assad
regime?
Answer. Sanctions, including the Caesar Act, can be utilized to
deter countries and international investors from providing funding the
Assad regime is desperate to receive.
Question. Egypt and Jordan are respectively pursuing energy and
electricity agreements with Lebanon that would pass through Syria and
provide in-kind support to the Assad regime.
Answer. I have read press reports but do not know the facts of the
situation. I am told that addressing the energy crisis in Lebanon is a
key priority for the Administration. If confirmed, I will commit to
working with the Department, other agencies, and our foreign partners
and allies to identify a solution that helps Lebanon in a manner
consistent with U.S. sanctions on Syria. I will consult with the
committee.
Question. In your view, does this meet the definition of a
significant transaction under the Caesar Act? Why or why not?
Answer. If confirmed, I would consult on this question with
colleagues including in the Office of Foreign Assets Control. I would
be happy to discuss the outcomes of this conversation with you or your
staff.
Question. Please elaborate on your thinking regarding the necessity
of issuing a waiver to authorize projects that provide in-kind support
to the Assad regime.
Answer. While I understand that the Secretary of State has the
authority to issue a waiver in certain circumstances, the first step
would be consultation between State and Treasury as to whether a waiver
is necessary. If confirmed, I will look into this issue with colleagues
and consult further with the committee.
Question. How does your opinion on waivers apply to the projects
currently being pursued by Egypt and Jordan?
Answer. If confirmed, I would consult on this question with
colleagues, including in the Department of the Treasury's Office of
Foreign Assets Control. I would be happy to discuss the outcomes of
this conversation with you or your staff.
Hamas
Question. The Sanctioning the Use of Defenseless Shields Act of
2018 (P.L. 115-348) mandates sanctions on any member of Hezbollah or
Hamas who ``knowingly orders, controls, or otherwise directs the use of
civilians protected as such by the law of war to shield military
objectives from attack.'' Under the law, the President is required to
submit to Congress a list of, and impose financial sanctions on, each
foreign person involved in the use of human shields by Hamas or
Hezbollah ``on or after the date of enactment.'' Despite widespread
reporting on Hamas's use of human shields, as of September 21, 2021, no
action has been pursued under this act.
If confirmed, can you commit to advocating for the imposition of
sanctions under The Sanctioning the Use of Defenseless Shields
Act of 2018 (P.L. 115-348)?
Answer. If confirmed, I will advocate for the use of appropriate
sanctions authorities to counter Hamas' terrorist activity, including
the use of human shields. Sanctions are a tool to advance support for
humanitarian principles and international law.
Question. Please provide your assessment of Qatar's role with
respect to Gaza.
Answer. The administration views Qatar's ongoing economic aid to
the Gaza Strip as an important stabilizing mechanism. The
administration also views Qatar as a valuable diplomatic mediator
between Israel and Hamas. Most recently, Qatar assisted in securing a
ceasefire between Israel, Hamas, and other parties in Gaza following a
11-day conflict in May 2021. If confirmed, I will consult with you and
the committee on this issue.
Question. To what extent do you see Qatar as a stabilizing
influence to Gaza?
Answer. The administration views Qatar's ongoing economic aid to
the Gaza Strip as an important stabilizing mechanism. If confirmed, I
will consult with you and the committee on this issue.
Nord Stream 2
Question. If confirmed, do you commit that you will routinely and
robustly engage with me and committee staff on sanctions relating to
the NordStream 2 pipeline?
Answer. Yes.
Question. If confirmed, do you commit that you will timely and
robustly respond to member and staff questions on sanctions relating to
the NordStream 2 pipeline?
Answer. Yes.
Question. Should there be new authorities to better target human
rights abusers?
Answer. The administration currently has numerous sanctions
authorities that provide a basis to designate individuals and entities
in connection with serious human rights abuses including the Global
Magnitsky sanctions program, various country-specific sanctions
authorities, and a variety of Executive Orders.
If confirmed, I would like to see sanctions be part of an effective
strategy to ultimately end the human rights abuses that give rise to
sanctions. In that context, I look forward to examining the extent to
which existing sanctions authorities provide both the leverage and
flexibility to help policymakers achieve that goal. I would be happy to
discuss what I learn with your staff and you, including whether
legislative changes would improve the programs.
Question. How do you plan on working with the newly announced
Coordinator on Global Corruption on corruption related sanctions?
Answer. I intend to work closely with the Coordinator on Global
Corruption on the use of sanctions and visa restrictions, as part of
our broader efforts to combat corruption globally, including both the
targets of sanctions and the networks that enable them. As I noted in
my testimony and consultations, anti-corruption tools provide
additional weapons for effective strategies, with sanctions an
important part of the whole. This will require close cooperation not
only with the Coordinator on Global Corruption but with colleagues at
Treasury, who have their own anti-corruption authorities; with
colleagues who know the business environment and economic governance
components, especially in the Bureau of Economic and Business Affairs;
and with relevant colleagues in regional bureaus and embassies.
__________
Responses to Additional Questions for the Record
Submitted to James C. O'Brien by Senator Todd Young
Question. Treasury completed its comprehensive review of U.S.
sanctions policy in October 2021 outlining the significant growth of
programs and recommending steps to modernize sanctions. What key
reforms or process changes would you most hope for, based on the
findings from the report?
Answer. I have read the publicly released report from Treasury's
review of its authorities. The conclusions are reasonable--that
sanctions should be part of a strategy, rooted in cooperation,
structured to mitigate unintended impacts, and able to be communicated
and adapted as necessary--and, if confirmed, I will work to see them
implemented in coordination with colleagues at Treasury. The re-
establishment of the Coordinator's Office at State is an opportunity to
learn how those conclusions apply to State's sanctions authorities,
and, if I am confirmed, my role in representing the U.S. Government
internationally on sanctions will require that lessons be discussed
with our partners. I am especially interested in working with
colleagues at Treasury and in other agencies on ways to ensure that the
sanctions infrastructure and work force in the U.S. Government can be
kept up to date and focused on priority areas.
Question. The report says the Administration will ``link sanctions
to a clear policy objective.'' If confirmed, how would you anticipate
creating that linkage?
Answer. As the Treasury report outlines, sanctions should have
clear objectives and be part of a larger strategy. If confirmed, I hope
to ensure that each recommendation for sanctions explains the goal and
broader strategy of which the sanctions are a part, that likely
reactions are considered and follow-up recommended, and that
recommendations for broader policies place sanctions in context. This
should already be best practice, and one role of the Coordinator's
Office will be to help policymakers assess the relevance of different
sanctions programs in different contexts. If confirmed, I will work
with Treasury, the team at the Department of State, and the interagency
to incorporate rigorous economic analysis, technical expertise, and
intelligence to ensure that sanctions are applied to the right set of
circumstances.
Question. The report notes that the number of sanctions has
increased almost 1,000 percent in the last two decades. Do we have too
many sanctions programs?
Answer. Sanctions are increasingly a favored tool of foreign policy
makers, both in the Executive and Legislative branches of government.
If confirmed, I will work closely with Treasury and other agencies to
identify lessons learned from our sanctions programs. It is important
that our departments understand which programs work best (for example,
achieve goals, can be integrated into other programs, are widely
understood and can be adapted as circumstances change).
One outcome of this process should be to help with the selection of
sanctions authorities for a particular purpose when more than one
sanctions program is available. This may allow us to determine that
some programs should receive more resources while others may remain
narrowly focused or come under consideration (after consultations with
Congress as appropriate) for discontinuation.
Question. If confirmed, how would you seek to better employ
sanctions?
Answer. If confirmed, a large part of my job will be to identify
what sanctions can and cannot do in a circumstance, what policies can
make sanctions more or less effective, and what follow-up is needed to
bring in necessary partners and to keep sanctions programs relevant as
circumstances change and the targets of sanctions adapt. The ability of
a senior State official to focus on this set of questions should affect
the policy process.
Throughout, as I mentioned in my statement, and as is clear from
public comments by senior State officials and from the Treasury review
of its authorities, some themes will recur: sanctions must be part of a
strategy; they themselves cannot be the strategy. Each sanction,
however well-justified, should support a clear policy objective and
rest upon analysis of alternatives, effects, and support from our
partners. This requires that the sanctions' purpose be understood
beyond the U.S. Government, that we work with other governments,
including at the United Nations, and that we maintain and adapt
sanctions regimes as technology changes and the targets of sanctions
react.
The process for recommending sanctions is the first place that
these topics should be discussed and evaluated. Discussions with
partners about how sanctions programs are working also help us
understand which sanctions programs merit further investment.
As these topics are addressed consistently and across sanctions
programs--something that may be happening--the outlines of effective,
consistent sanctions practice should emerge. Part of the Office's job
will be to communicate this within the Department, to other agencies,
and to our partners as advisable.
The Office of the Sanctions Coordinator cannot do this alone. If
confirmed, I would coordinate with colleagues from across the
Government, the Department, and especially from our embassies, on the
use and evaluation of sanctions.
Question. What is your sense of the risks from alternative cross-
border payments systems like China's CIPS or Russia's SPFS that are
designed to avoid SWIFT and U.S. financial institutions and evade U.S.
sanctions?
Answer. Every sanctions program must evolve as targets find
alternatives to routes foreclosed by sanctions. In particular, if
confirmed, I am very interested in evaluating how U.S. and
international initiatives against corruption and in support of
transparency and financial integrity can be brought to bear against
sanctions targets and networks that enable corruption, human rights
abuses, and sanctions evasion. New payment channels or technologies
also will be important for sanctions programs to take into account as
will the impact of sanctions in facilitating shifts to such
technologies.
With regard to this particular risk, the dollar's role is
underpinned by the United States' credible and longstanding commitment
to transparency, the rule of law, contractual obligations and rights,
deep and liquid financial markets, and sound economic governance. This
has been crucial to the stability of the international monetary system.
Foreign Central Bank Digital Currencies (CBDCs) by themselves do not
now threaten this dominance, though we should continually and carefully
monitor their deployment and adoption. Should I be confirmed, I will
consult on it with you and the committee.
Question. Do you see digital currencies like China's eCNY as an
effort to supplant the U.S. dollar in international transactions?
Answer. I look forward to consulting with you and my colleagues
across the Government on this issue if I am confirmed. My understanding
is that the dollar's role is underpinned by the United States' credible
and longstanding commitment to transparency, the rule of law,
contractual obligations and rights, deep and liquid financial markets,
and sound economic governance. These attributes are crucial to the
stability of the international monetary system. Foreign Central Bank
Digital Currencies (CBDCs) by themselves do not threaten the dollar's
dominance, though we should continually and carefully monitor
deployment and adoption of the PRC's eCNY. Again, should I be
confirmed, and should this become a future issue, I will consult on it
with you and the committee.
Question. How should sanctions policies adjust to a new world of
digital assets and multiple cross-border payment systems?
Answer. Every sanctions program must evolve as targets find
alternatives to routes foreclosed by sanctions. In particular, if
confirmed, I am very interested in evaluating how U.S. and
international initiatives against corruption and in support of
transparency and financial integrity can be brought to bear against
sanctions targets and networks that enable corruption, human rights
abuses, and sanctions evasion. New payment channels or technologies
also will be important for sanctions programs to take into account.
To be effective, sanctions must be calibrated to meet specific
foreign policy objectives and adaptable to new and emerging economic
and political systems. If confirmed, I will continue to review the use
of sanctions as they relate to digital assets and will consult with you
and the committee.
Question. You will be the first person to hold the position of
sanctions coordinator at the State Department. Can you describe your
role as you see it?
Answer. If confirmed, I would follow in the large footprints of
Ambassador Dan Fried, and lessons from his time in office--in
particular, the importance of continuous communication with senior
policymakers within the Department; the centrality of a close
relationship with OFAC and Treasury; and the need for the US Government
to speak with one voice to our partners and others globally--will shape
the work of the Office.
In addition, the statutory authority on which the reconstituted
Office will rest will serve as a stable, lasting foundation for the
Office so that it can become part of usual U.S. practice on sanctions.
Secretary Blinken will set priorities, but the statute makes it clear
that, if I am confirmed, I will be the Secretary's ``principal
adviser'' on sanctions issues, including on the numerous sanctions
authorities delegated to the Secretary. This role will make the Office
a tool for the Secretary to use in setting and conveying the
Department's priorities and for resolving disputes on sanctions
programs before they reach the Secretary.
Authorities, of course, are only a starting point, and significant
effort will be required in establishing relationships within the
Department and interagency. To succeed, if confirmed, I will need to
provide clear, actionable guidance on sanctions priorities, design, and
implementation; effective advocacy in Washington and globally; and
constructive options for sanctions programs.
Question. How will you coordinate with the Office of Terrorism and
Financial Intelligence at Treasury and OFAC?
Answer. The Department's partnership with the Treasury, and with
OFAC in particular, continues to be close. Both Departments play a
central role in the development and implementation of sanctions and, in
many instances, as with Executive Order 13224, rely on the same
underlying set of authorities. This shared purpose requires close
coordination on priorities, tactics, and designations as sanctions are
considered, proposed, announced, and implemented. Effective information
sharing also remains a critical component of this process, and, if
confirmed, I would work to continue improvements made in this area so
that State can appropriately fulfill its role in sanctions design and
implementation.
Question. If confirmed, are you fully committed to carrying out the
sanctions laws passed by Congress, even if you, the President, or the
Secretary of State may disagree with the views of Congress?
Answer. Yes. If confirmed, I am committed to supporting imposition
of sanctions when statutorily mandated and will consult with you and
the committee throughout that process.
Question. How would you respond if the President or Secretary of
State asked you to turn a blind eye to a particular set of sanctions
violations, or violations by a specific company or individual?
Answer. I anticipate situations where there will be disagreements,
among partners, within the Administration, and with members of
Congress, about whether violations are confirmed, what responses will
be appropriate and when, and how sanctions should interact with other
parts of U.S. policy. If confirmed, I will commit to ensuring that the
law is upheld and that decisions made are widely understood, and I
intend to consult closely on such matters with you and the committee.
Question. Will you ensure full transparency and communication with
Congress on any new sanctions being considered, or any sanctions
lifting or waiver being considered?
Answer. If confirmed, I commit to engage directly and routinely
with you and your staff regarding significant changes to U.S.
sanctions, including the lifting or waiving of sanctions. I would work
closely with my colleagues in Legislative Affairs and with relevant
policymakers to see that they also consult with the committee.
Question. The Islamic Republic of Iran continues to be the leading
state-sponsor of terror. Foreign Terrorist Organizations backed by Iran
continue to wreak havoc across the Middle East. Earlier this year the
Iranian-proxy terrorist group Hamas launched thousands of rockets at
Israel. Just in the last two weeks we have seen repeated attacks by
Iranian proxies on U.S. forces in Iraq and Syria. The U.S. has
sanctioned Iran for both nuclear and non-nuclear offences. What are
your thoughts on U.S. sanctions against Iran? If confirmed, are you
fully committed to enforcing sanctions against Iran as mandated by law?
Answer. Yes, if confirmed, I will be committed to supporting the
implementation of sanctions as required under U.S. law. The U.S.
Government has wide-ranging sanctions authorities with respect to Iran,
and these are a critical tool to impose costs on Iran for its
destabilizing behavior. If confirmed, I am committed to using these
sanctions authorities, together with the full range of available tools
the U.S. Government possesses, in a comprehensive approach to counter
the full range of Iran's destabilizing behavior.
Question. Over the last year, we have seen a significant decrease
in the number of sanctions and enforcement actions taken by the
Administration against Iran and entities violating our Iran sanctions.
One can speculate this is part of an effort to encourage the Iranians
to return to the 2015 nuclear deal. Yet, it is not the law. The laws as
passed by Congress require sanctions to be imposed on entities
violating the law. If confirmed, will you strictly enforce sanctions on
Iran? What role should negotiations have on whether or not U.S. law is
enforced?
Answer. If confirmed, I am committed to supporting the
implementation and enforcement of sanctions as required under U.S. law.
Because I am not in the Administration, I do not know the rationale for
the recent pace of sanctions work, but I will learn this if I am
confirmed. The framework of U.S. sanctions remains robust, and there
are many aspects of our sanctions architecture that would remain in
place in the event of a U.S. return to the JCPOA. The administration
will continue to use its considerable leverage--including sanctions
that would remain in place, the threat of sanctions re-imposition, and
other joint action with our allies and partners--to protect U.S.
interests. In the meantime, the Biden administration continues to
maintain and impose sanctions, including on Iranian entities providing
support to terrorist groups and violent militias in the region.
Question. Do you agree the Iranian Revolutionary Guard Corps is a
foreign terrorist organization? Do you foresee any near-term scenario
in which sanctions on the IRGC, or the FTO designation on the IRGC,
would be lifted or waived?
Answer. I am under no illusion about the nature of the Iranian
regime and in particular the threat posed by the Islamic Revolutionary
Guard Corps (IRGC). The IRGC has been subject to U.S. sanctions for
many years. In addition, the United States designated the IRGC as a
Foreign Terrorist Organization (FTO) in April 2019. If confirmed, I
will act in accordance with U.S. law to advance our national security
interests.
Question. Can you commit that the Administration is not, and will
not, lessen sanctions to counter Iran's support for terrorism, as part
of either negotiations with Iran or as part of a nuclear agreement with
Iran?
Answer. Iran's actions across a wide array of issues are highly
problematic--including its support for terrorism, its ballistic missile
program, its destabilizing actions throughout the region, and its human
rights abuses--and U.S. sanctions programs address each. If confirmed,
I will advocate for a comprehensive approach using a variety of tools,
including sanctions, to counter the full range of Iran's destabilizing
behavior.
Question. If an agreement to return to the JCPOA is achieved, will
you commit to not lift any sanctions on Iran until Congress has had the
required time to review that agreement, as required by the Iran Nuclear
Agreement Review Act (INARA)?
Answer. If confirmed, I will act consistent with all applicable
U.S. laws, including INARA.
Question. Under the JCPOA, do you believe the U.S. has the right to
sanction entities that engage in illicit activities, even if those
entities received sanctions relief under the agreement? For example,
should the Central Bank of Iran get a free pass for its financing of
terrorism, simply because it received relief under the JCPOA?
Answer. The Biden administration has stated it remains committed to
countering Iran's destabilizing activities, including its ballistic
missile program and support for terrorist groups and violent proxies in
the region. If confirmed, I will support continued sanctions on Iranian
entities for sanctionable activity, including those supporting
terrorist activity, and would work with our allies to hold Iran
accountable.
Question. Do you agree human rights sanctions on Iran should be
fully enforced regardless of any nuclear negotiations?
Answer. Yes. If confirmed, I will ensure continued support for a
comprehensive approach using a variety of tools, including sanctions,
to counter the full range of Iran's destabilizing behavior, which
includes its human rights violations and abuses.
Question. As part of the recently passed National Defense
Authorization Act, Congress required the Administration to provide this
committee an unclassified report detailing the impacts any revocation
of unilateral United States economic sanctions on Iran may have on the
military capabilities of the IRGC and Iran's terrorist proxies.
President Biden said upon signing the bill, that he would not provide
such a report. If confirmed, do you agree to provide any reports
legally mandated by Congress?
Answer. I commit, if confirmed, to working with Congress to provide
it the information it needs to perform its acknowledged oversight
function, without regard to the form that takes, and I am happy to
review this issue and work with you on a way forward.
Question. Do you believe an administration can simply ignore a
legal mandate to issue a report required by Congress?
Answer. If confirmed, I will be committed to consulting with and
providing information to Congress. On the specific question, I am happy
to review this issue and consult with you on a way forward.
Question. China has long been one of the biggest violators of U.S.
sanctions on Iran, particularly through purchases of Iranian oil. Yet,
we have seen practically no sanctions by the Administration on these
purchases. If confirmed, how would you go about seeking better
cooperation from China on sanction matters?
Answer. The United States has designated individuals and entities
in response to Iranian sanctions evasion activities, including
transactions involving the PRC. If confirmed, I would explore this
topic further. I am told that the Administration has also been raising
this issue directly in diplomatic channels with Beijing as part of a
dialogue on Iran policy. I am also told that Beijing has expressed a
strong interest in preventing Iran from developing a nuclear weapon
given the profoundly destabilizing impact that would have in a region
upon which the PRC depends for its oil imports.
Question. Do you agree that any significant transaction involving
Iran's energy sector, including the import of oil or petroleum products
would violate U.S. sanctions?
Answer. Our current Iran-related sanctions authorities remain in
effect unless they are lifted. This includes sanctions that apply to
certain transactions involving, among others, Iran's energy sector.
Question. There are significant human rights concerns emanating
from Burma following the coup there last year. Many believe that China
is helping to support the military junta in power. Do you support
exploring the application of sanctions on China for their support for
the military junta in Burma?
Answer. The United States has been steadfast in its support for the
people of Burma since the military coup d'etat on February 1, 2021. The
U.S. Government has repeatedly announced new designations to
specifically target current or former members of the military who
played a leading role in the overthrow of Burma's democratically
elected government and the violent crackdown against the people of
Burma. In total, the U.S. Government has sanctioned 58 individuals and
20 entities. These include top military commanders and senior officials
of the regime, as well as businesses that generate revenue for the
military and its leaders. If confirmed, I will work with all relevant
policymakers in the Administration to target those responsible for the
assault on Burma's democracy and the revenue streams that fund the
military regime and that facilitate the purchase of arms used to commit
brutal violence against the people of Burma.
Question. If confirmed, are you fully committed to the enforcement
of sanctions targeting Hezbollah, including sanctions under the
Hezbollah International Financial Prevention Act?
Answer. Yes. If confirmed, I will support the continued
implementation and enforcement of sanctions against Hizballah and the
continuing targeting of individuals and entities that support
Hizballah. Most recently, on January 18, the United States designated
three Hizballah-linked financial facilitators and their Lebanon-based
travel company, under Executive Order (E.O.) 13224.
Question. Do you support the long-held policy of the United States
that there is no such thing as a terrorist and a political wing of the
terrorist group?
Answer. Yes. I support the United States' position that it does not
distinguish between the so-called ``wings'' of terrorist organizations.
Question. If confirmed, will you make it a priority to urge
countries that only sanction Hezbollah's terrorist wing, to end this
false distinction and sanction the terror group in its entirety?
Answer. Yes, if confirmed, I will support ongoing efforts to urge
countries to take action against the entirety of Hizballah. Since 2019,
such efforts have resulted in 15 additional countries announcing a
total designation, ban, or other restrictions against the group. Most
recently, the Australian Government announced its intent to expand its
designation of Hizballah's ``military wing'' to encompass the entire
organization.
__________
Responses to Additional Questions for the Record
Submitted to George J. Tsunis by Senator Robert Menendez
Question. How can the 3+1 format continue to expand its
cooperation in other areas beyond energy?
Answer. If confirmed, one of my top priorities would be to
encourage future areas of cooperation between U.S. partners, such as
the 3+1 which brings the Republic of Cyprus, Greece, Israel plus the
United States together on an array of issues including economics,
counterterrorism, and climate in addition to energy issues. I would
also welcome future interparliamentary engagement of the 3+1 as
provided for in the U.S.-Greece Defense and Interparliamentary Act.
Question. Do you commit to advocating that the 3+1 is reinvigorated
and becomes a central aspect of U.S. diplomacy in the Eastern Med?
Answer. Yes, if confirmed, I would support robust ties between the
United States and Greece, Israel, and the Republic of Cyprus. The 3+1
presents a unique opportunity to deepen economic integration, cooperate
on energy security, and combat climate change with our partners. I
believe the United States should--and does--support regional efforts
that enhance and promote cooperation and regional stability, including
the 3+1 mechanism. If confirmed, I will work to deepen ties between the
United States, Greece, the Republic of Cyprus, and Israel.
Question. Where do you see the potential for additional advancement
on energy security?
Answer. As I see it, Greece is a strong proponent of energy
diversification and security, and has made significant advancements in
recent years, including through its focus on projects such as the
Trans-Adriatic Pipeline (TAP), the Interconnector Greece-Bulgaria, the
North Macedonia-Greece Interconnector, and the Alexandroupoli Floating
Storage Regasification Unit (FSRU). If confirmed, I would work with
Greece to mitigate regional energy security vulnerabilities. Supporting
these efforts as well as Greece's clean energy initiatives, which offer
complementary energy security benefits, is key to providing other
options for Greece--and the broader region--beyond Russian energy
supplies.
Question. What role do you see for Greece in countering Kremlin
aggression, and how do you plan to support the Greek Government to
stand strong against Kremlin influence?
Answer. Greece shares a long history with Russia, including through
the Orthodox Church, and, like other countries in the region, depends
on Russian energy supplies. From what I have seen, Athens is clear-eyed
in its initiatives to reduce the region's dependence on Russian energy
supplies and its stance with the EU and NATO to promote Transatlantic
solidarity and the sovereignty and territorial integrity of all states.
If confirmed, I would continue to encourage and expand Greece's
initiatives in this regard and build on initiatives such as the Mutual
Defense Cooperation Agreement and the annual U.S.-Greece Strategic
Dialogue to deepen our strategic partnership.
Question. The strength of the U.S.-Greece relationship is on
display when it comes to defense cooperation. The recent renewal of the
Mutual Defense Cooperation Agreement and increased U.S. presence at the
Port of Alexandroupoli is a great sign of the strength of U.S.-Greece
security cooperation.
What will your priorities be for building upon this strong
cooperation?
Answer. My understanding is the latest update to the Mutual Defense
Cooperation Agreement permits the U.S. military to utilize Camp
Giannoulis (Alexandroupoli) as well as Camp Georgoulas (Volos),
Litochoro Range, and Souda Naval Base. If confirmed, I would seek to
deepen our defense cooperation and ensure that any new commitments
advance U.S. national security priorities. I would also support efforts
to boost Greece's defense capabilities as outlined in the U.S.-Greece
Defense and Interparliamentary Partnership Act passed as part of the
National Defense Authorization Act of 2022.
Question. I am very concerned about directed energy attacks on U.S.
Government personnel (so-called Anomalous Health Incidents). Ensuring
the safety and security of our personnel abroad falls largely on
individual Chiefs of Mission and the response of officers at post. It
is imperative that any individual who reports a suspected incident be
responded to promptly, equitably, and compassionately.
Do you agree these incidents must be taken seriously, and pose a
threat to the health of U.S. personnel?
Answer. Yes, I agree these incidents should be taken seriously.
This is a sensitive ongoing issue that Secretary Blinken has said is a
top priority. If confirmed, I will work to ensure affected employees
and their family members get the care they need and work together with
Washington and the interagency to protect against these incidents.
Question. If confirmed, do you commit to ensuring that any reported
incident is treated seriously and reported quickly through the
appropriate channels, and that any affected individuals receive prompt
access to medical care?
Answer. If confirmed, I will consider it my primary responsibility
to ensure the safety and security of the Embassy community. I will
ensure anyone who reports unexplained health incidents receives
immediate and appropriate attention and care and will share information
with our workforce as appropriate.
Question. Do you commit to meeting with medical staff and the RSO
at post to discuss any past reported incidents and ensure that all
protocols are being followed?
Answer. Yes, if confirmed, my primary responsibility would be to
ensure the safety and security of the Embassy community. I would meet
with all relevant parties to ensure we were applying necessary
safeguards and investigating possible causes.
__________
Responses to Additional Questions for the Record Submitted
to George J. Tsunis by Senator James E. Risch
Question. How will you engage with the Greek Government to ensure
its Exclusive Economic Zone (EEZ) and drilling rights are protected in
the Eastern Mediterranean?
Answer. I understand that the United States has a long-held policy
of encouraging countries to resolve their maritime delimitation
disputes peacefully through dialogue and in accordance with
international law. Greek PM Mitsotakis has consistently expressed his
willingness to engage constructively with Turkey to do so, consistent
with Greece's constructive approach across the region. If confirmed, I
would encourage Greece to continue initiatives such as exploratory
talks with Turkey to resolve disputes diplomatically.
Question. How will you engage with your counterpart at U.S. Embassy
Ankara to facilitate progress in Greco-Turkish relations in United
States interests?
Answer. If confirmed, I would make it a priority to remain
frequently and directly in touch with Ambassador Flake in Turkey. I
would welcome the opportunity to visit Mission Ankara early in my
tenure and invite Ambassador Flake to Mission Greece to exchange best
practices and discuss areas of opportunity. I would also encourage
frequent communication among the teams at Mission Greece, Mission
Turkey, and the Office of Southern European Affairs at the State
Department, which coordinates regional policies.
Question. How will you facilitate U.S. and other western investment
in Greece?
Answer. If confirmed, my top economic and commercial goal would be
to build on efforts to accelerate trade and investment opportunities
between our countries. Specifically, the renewable energy and
technology sectors are two areas that the Government of Greece is
prioritizing, and several U.S. companies have made significant
investments in Greece in recent years. If confirmed, I would seek to
continue this trend by encouraging the expansion of the Foreign
Commercial Service's activity in Greece.
Question. What are the perceived risks to western investment, and
how can they be mitigated?
Answer. Like most countries, Greece is still recovering from the
COVID-19 pandemic, which had a significant impact on the country's
economy. Yet, from what I understand, the Government's focus on
reducing bureaucracy and digitizing services helped mitigate the full
impact of the pandemic, and Greece's GDP grew by approximately 6
percent in 2021. If confirmed, I would work closely with Greece to
continue to promote fiscal responsibility and facilitate investments.
Greece could also benefit from a comprehensive, national security-
focused investment screening process, ensuring the Government of Greece
has the ability to identify, investigate, and mitigate national
security risks.
Question. What role, if any, do you see the U.S. Development
Finance Corporation playing in stimulating western investment in
Greece?
Answer. The U.S. International Development Finance Corporation
(DFC) could help invest in Greece's strategic infrastructure to level
the playing field with our strategic competitors. If confirmed, I will
seek to promote U.S. investment in Greece using tools made available by
the European Energy Security and Diversification Act, including DFC
products.
Question. What sectors do you see as potential areas of growth for
U.S.-Greece business ties?
Answer. My understanding is that Greece is prioritizing its
technology and renewable energy sectors. In recent years we've seen
investment in Greece from several U.S. companies including Amazon Web
Services, Applied Materials, Cisco, Digital Realty, Google, Microsoft,
and Pfizer. If confirmed, I would seek to expand U.S.-Greece business
ties in these sectors while encouraging Greece to consider U.S.
business solutions in areas such as battery storage, offshore wind, and
hydrogen.
Question. As Ambassador, how will you engage with the Government of
Greece and encourage protect critical industries, assets, and
technologies from malign Chinese influence?
Answer. I understand Greece continues to welcome foreign direct
investment, including from the PRC, to mitigate the impact of the
pandemic and recover from the decade long financial crisis. However,
Greece has shown a willingness to weigh important national security and
strategic considerations for critical infrastructure projects, for
example effectively excluding Huawei from building its 5G
infrastructure. Greece does not currently maintain a comprehensive
national investment screening mechanism. If confirmed, I would support
continued robust engagement sharing investment screening best practices
and implementation. I would also seek to promote U.S. investment in the
region to push back on problematic PRC investments in critical
infrastructure and sensitive sectors, and on PRC disinformation
campaigns designed to undermine the sovereignty of Greece's Government
and voters.
Question. The Port of Alexandroupolis is undergoing privatization
sale and has attracted bids from Chinese and Russian companies, which
presents issues for U.S. and NATO use of the port. What tools do the
U.S. and you as Ambassador have to preserve the ports strategic value
by ensuring it does not fall victim to foreign influence?
Answer. The Port of Alexandroupoli is significant not only for
commercial purposes, but also because it offers strategic access for
U.S. and NATO maneuverability in the region. If confirmed, I would seek
to employ the tools made available by the European Energy Security and
Diversification Act, including the DFC, to bolster bids made by U.S.
companies on critical infrastructure projects. I would also direct
Mission Greece to maintain frequent contact with U.S. businesses
seeking to invest in Greece's critical infrastructure, encourage
competition by U.S. firms for strategic assets that Greece is
privatizing, and support their bids through diplomacy and advocacy as
appropriate.
Question. What do you believe Greece's role is in improving
stability and good governance in the Balkans?
Answer. I see Greece as a driver of stability in the Western
Balkans, where it has supported regional integration and conflict
resolution. An example of this is the Prespa Agreement, in which North
Macedonia changed its name and Greece agreed to support the country's
NATO accession. Now Greece is actively championing the future EU
accession of North Macedonia and Albania. I understand that although
Prime Minister Mitsotakis opposed the Prespa Agreement while in the
opposition, his government now supports Prespa as a means of promoting
regional stability. If confirmed, I would support Greece's continued
commitment to Prespa and look for ways to leverage the country's
regional leadership in the areas of trade facilitation,
counterterrorism, building security partnerships, and in strengthening
EU and NATO integration.
Question. What internal and external risks does Greece face
regarding its own stability?
Answer. My view is that Greece has made considerable progress in
mitigating internal and external risks since the Government debt crisis
of 2009 and with the Prespa Agreement of 2018. Greece is a stable,
responsible, and decidedly pro-U.S. regional leader, and I believe this
trend will continue into the foreseeable future as Greece's three main
political parties all support a strong relationship with the United
States and embrace Greek leadership in the region. While Greece is
situated in a dynamic region of often significant sensitivities and
tensions, Greece has previously shown restraint and a desire to resolve
disputes diplomatically. If confirmed, I would continue to encourage
Greece to consult closely with the United States on both internal and
external areas of concern where we could cooperate.
Question. If confirmed as Ambassador to Greece, how do you see your
role in the context of ongoing State Department efforts to promote
stability and anti-corruption in the region?
Answer. Greece was an active participant in President Biden's
Summit for Democracy in 2021, where it made commitments to update its
National Authority on Transparency and whistleblower protections and
improve its financial transaction transparency. Additionally, Prime
Minister Mitsotakis' drive to reduce bureaucratic red tape and digitize
government services is, in part, meant to increase transparency and
further combat corruption. If confirmed, I would support Greece's
ongoing reforms and encourage it to make good on the commitments in
made at the Summit for Democracy. Greece also supports the EU prospects
of its Western Balkan neighbors, and we can work together with the
Greek authorities and the EU to implement the anti-corruption measures
required for EU accession by these countries.
Question. What are the most effective ways Greece can further its
defense cooperation, both with the U.S. and within NATO?
Answer. Our defense and security relationship with Greece has grown
dramatically over the past five years, and Greece views the United
States as its top security partner. My understanding is the latest
update to the Mutual Defense Cooperation Agreement added four
additional sites for the U.S. military to utilize in Greece: Camp
Georgoulas (Volos); the Litochoro Range (near Mount Olympos); Camp
Giannoulis (Alexandroupoli); and the Souda Naval Base. Greece can
continue to further its defense cooperation with the United States and
NATO by implementing the latest updates to the MDCA and continuing to
meet defense modernization investment goals in accordance with the
Wales Pledge. If confirmed, I would continue to deepen our defense
cooperation and advance U.S. national security.
Question. Do you believe that the United States is focusing too
much energy on building the defense relationship with Greece rather
than enhancing the capabilities of other NATO allies in the Eastern
Mediterranean and Black Sea regions?
Answer. Greece is a vital NATO Ally that plays a critical role in
maintaining peace and stability in the Eastern Mediterranean, the
Western Balkans, and the Black Sea regions, and it should be
incorporated into regional strategies focused on those areas. Given our
military presence at Naval Support Activity Souda Bay in Crete, our
military's frequent use of the port of Alexandroupoli for transport,
and the opportunities of our expanded MDCA, we must continue to
strengthen defense ties with Greece. Souda Bay is one of the few deep-
water ports in the region suitable for U.S. aircraft carriers which
could project power in the Eastern Mediterranean and Black Sea regions.
Furthermore, Greece is increasingly becoming a hub for multilateral
training and exercises with NATO Allies in the Eastern Mediterranean
and Black Sea as well as regional partners. Thus, building our defense
with relationship with Greece results in positive impacts well beyond
its borders. If confirmed, I would seek to deepen defense cooperation
with Greece and further integrate it into regional strategies.
Question. In the State Department's 2021 Trafficking in Person's
report, Greece remained on Tier 2. What are concrete steps you and your
mission, if confirmed, can take to improve trafficking efforts in
Greece as well as regionally?
Answer. Confronting the challenge of trafficking in persons is a
moral absolute for me. My understanding is that Greece has made
improvements in convicting traffickers and identifying trafficking
victims over the last year, partly due to the implementation of the
national referral mechanism. However, the Government should continue to
decrease the length of court proceedings, strengthen specialized
services to trafficking victims, and increase efforts to proactively
identify victims among vulnerable populations, including unaccompanied
children, migrants, and asylum seekers. If confirmed, I would work
closely with the Government to address these issues.
Question. How will you work with the office to Monitor and Combat
Trafficking in Persons to further this goal?
Answer. My understanding is that Embassy Athens maintains close
contact with the Office to Monitor and Combat Trafficking in Persons
and the Bureau for Population, Refugees, and Migration. If confirmed, I
would direct the Embassy to continue close coordination with both
offices and work on ways to improve Greece's ability to identify
victims of trafficking and provide them with the necessary resources to
prosecute traffickers and prevent the scourge of human trafficking.
Question. In the State Department's 2020 Human Rights Report,
Greece was described as having significant human rights abuses like
refoulement of refugees, acts of corruption, violence against minority
groups, and more.
What is your assessment of human rights in Greece?
Answer. My understanding is that Greece takes respect for human
rights very seriously, which is demonstrated by the Government's
willingness to prosecute human rights violators, particularly those who
previously served in official capacities. Still, I'm aware of reports
suggesting the sometimes unhealthy and unsafe conditions for migrants,
credible reports of migrant pushbacks, as well as reports of societal
discrimination against minority religious groups and LGBTQI+ persons.
If confirmed, I would work closely with the Government to address these
issues.
Question. If confirmed, what steps can you and your mission take to
better improve the U.S. and international organization responses to
migrant and asylum-seeking populations in country?
Answer. My understanding is the United States provided nearly $5
million to the International Organization for Migration (IOM), the U.N.
High Commissioner for Refugees (UNHCR), and UNICEF in Greece to protect
the vulnerable refugee and asylum-seeking population from COVID-19,
including ambulances that provided supplies and care, and several
shelters for unaccompanied minors. This aid makes an important
statement about U.S. priorities and has directly assisted migrant and
asylum-seeker populations. If confirmed, I would ensure any assistance
is wisely spent and continue to consult closely with appropriate
offices in the Department and with international organizations to
identify additional priority areas where Embassy Athens could assist.
Question. How will you engage with the Government of Greece on the
numerous reports of refoulement?
Answer. This is a serious issue for me. While the Government of
Greece displayed political courage in welcoming over 800 Afghans,
including several prominent women and their families, I am concerned by
credible reports of pushbacks of asylum-seekers made by UNHCR, IOM,
international media, and numerous other organizations. If confirmed, I
would continue to work within the Department and with the Greek
Government and NGOs to promote the safety, integration, and
resettlement of migrants in Greece. I also support the EU's call for an
independent investigation into the credible allegations of pushbacks.
Question. If confirmed, how can you work with civil society to
bolster human rights in country?
Answer. My understanding is that Embassy Athens maintains close
contact with several NGOs, civil society leaders, and journalists to
shed light on human rights conditions within Greece. Most recently,
Mission Greece's hard work and broad network facilitated Greece's
decision to temporarily welcome over 800 Afghans brought into the
country by an NGO. Embassy Athens has also worked to secure grants for
NGOs doing important work, such as sheltering unaccompanied minors in
the country. If confirmed, I would encourage my team to think
creatively about how we can empower civil society to help address human
rights concerns in Greece.
Question. In the State Department's 2020 International Religious
Freedom report, there were noted antisemitic and anti-Muslim acts along
with rhetoric and attacks on Orthodox churches in Greece.
What is your assessment of the status of societal and governmental
respect for religious freedom?
Answer. Freedom of religion is an important principle for me. The
Hellenic constitution allows freedom of worship, and the Government
affords special protections for the Muslim minority, which consists of
over 120,000 Greek citizens of Turkish, Pomak, and Roma descent who
live in the Thrace region of northern Greece. In 2020, Greece
authorized the first government-funded mosque in Athens in over 200
years, as well as six Jehovah's Witness Kingdom Halls, and other
religious minority houses of prayer. If confirmed, I would support
Greece's measures to uphold religious freedom and protect minority
religious groups from hate crimes and discrimination.
Question. If confirmed, what steps can the U.S. mission take to
bolster religious freedom on the ground?
Answer. Mission Greece maintains direct contact with various groups
such as the Muslim minority in the north, refugees who have settled
throughout the country, and Greece's small Jewish community. If
confirmed, I would ensure that we continue this outreach and maintain
close contact with civil society organizations, including religious
actors; international organizations; and NGOs involved in Greece.
Question. Ongoing tensions between Greek and Turkish Cypriots are
preventing any tangible progress from being made on the UNFICYP issue.
If confirmed, do you commit to providing necessary support to the Greek
Cypriots and to de-escalate tensions where possible?
Answer. The United States supports efforts to increase bicommunal
cooperation between Greek Cypriots and Turkish Cypriots, including
through the UNFICYP Technical Committees. If confirmed, I will continue
to engage Greece, as a guarantor power, and express U.S. support for a
Cypriot-led, U.N.-facilitated comprehensive settlement to reunify the
island as a bizonal, bicommunal federation with political equality to
benefit all Cypriots and the wider region. I will work with my
colleagues in Nicosia and Ankara to encourage both sides to demonstrate
the necessary openness, flexibility, and compromise to find common
ground to restart formal talks.
Question. Would you support downsizing of the UNFICYP and the
eventual closing of the peacekeeping part of the mission?
Answer. I believe UNFICYP continues to play an important role in
maintaining the conditions necessary for the Greek Cypriot and Turkish
Cypriot communities to find a common ground to restart formal talks.
UNFICYP's work supervising ceasefire lines, maintaining a buffer zone,
and supporting the Secretary-General's Good Offices remains an
important stabilizing factor in Cyprus.
Question. The Office of Multilateral Strategy and Personnel (MSP)
in the State Department's bureau of International Organizations is
leading a whole-of-government effort to identify, recruit, and install
qualified, independent personnel at the U.N., including in elections
for specialized bodies like the International Telecommunication Union
(ITU). There is an American candidate, Doreen Bodgan-Martin, who if
elected would be the first American and first woman to lead the ITU.
She is in a tough race that will require early, consistent engagement
across capitals and within the U.N. member states. If confirmed, do you
commit to demarch the Greek Government and any other counterparts
necessary to communicate our support of Doreen?
Answer. Yes. Secretary Blinken publicly endorsed Ms. Doreen Bogdan-
Martin's candidacy to lead the ITU in March 2021. If confirmed, I would
work closely with the Bureau of International Organizations to voice
support for Ms. Bogdan-Martin's candidacy, as well as the candidacies
of other Americans endorsed by the Department to fill critical
positions at the U.N. and its specialized bodies.
Question. What is your understanding of morale throughout Mission
Athens?
Answer. My understanding is that like missions around the world,
Mission Greece was significantly impacted by the COVID-19 pandemic,
which forced employees to work from different locations and limit in-
person interactions with key interlocutors. That, in addition to an
ongoing renovation of the Embassy's chancery, has made life more
challenging for Embassy Athens. I also understand that the Embassy team
remains highly motivated under the great leadership of Ambassador
Pyatt, advancing U.S. interests as we deepen our relationship with
Greece. If confirmed, it would be my goal to build on the high morale
at Mission Greece and continue to advance U.S. interests through ever
deepening improved bilateral relations.
Question. How do you intend to improve morale at Mission Athens?
Answer. If confirmed, I would empower my team, including the Deputy
Chief of Mission, State Department and interagency colleagues, and
locally employed staff, to share their views on new and meaningful ways
to further the bilateral relationship. Furthermore, I understand the
pandemic and ongoing renovations have made work more difficult for the
Mission, so I would do everything in my power and consistent with local
health regulations to facilitate in-person functions, progress the
Chancery's overhaul, and advance the day-to-day business of U.S.
diplomacy.
Question. How do you intend to create a unified mission and vision
at Mission Athens?
Answer. My view is that to create a unified mission and vision,
first you need a unified team. If confirmed, I would welcome input from
all spectrums of the Mission community to ensure an inclusive
environment where all voices are heard. Since Mission Greece is
comprised of both Embassy Athens and Consulate General Thessaloniki, I
would also encourage frequent and meaningful coordination between both
teams to ensure unity of effort in achieving overall objectives as
outlined in the Integrated Country Strategy.
Question. How would you describe your management style?
Answer. As a businessman, I understand the importance of building
rapport and working with everyone in a professional and cooperative
manner. As a hotelier, I understand the importance of making people
feel welcome and comfortable. My management style is one of inclusivity
and draws on the broad experiences and expertise of the teams that I
lead. If confirmed, I commit to empowering my teams so that, together,
we can conceive and implement the most effective ways of advancing U.S.
policy priorities.
Question. Do you believe it is ever acceptable or constructive to
berate subordinates, either in public or private?
Answer. No. If confirmed, I would treat all subordinates, Mission
community members, and local contacts with the utmost respect. I
believe in honesty and providing constructive feedback to subordinates
in a courteous and professional manner, and I would endeavor to never
publicly or privately berate a subordinate.
Question. How do you envision your leadership relationship with
your Deputy Chief of Mission?
Answer. If confirmed, I understand that I would be working with a
Deputy Chief of Mission who has been on the job in Athens for over two
years. I prize expertise and inclusivity and would actively seek
counsel from my Deputy Chief of Mission as appropriate, particularly on
issues related to State Department processes and procedures.
Question. If confirmed, what leadership responsibilities do you
intend to entrust to your Deputy Chief of Mission?
Answer. My view is that the Deputy Chief of Mission's role is to
provide counsel, manage the day-to-day operation of a mission,
including personnel issues, and assume the role of the Ambassador when
necessary. If confirmed, I would delegate critical responsibilities to
my Deputy Chief of Mission while I focus my efforts on the overarching
U.S. policy priorities and maintaining the safety and wellbeing of
mission personnel.
Question. Do you believe that it is important to provide employees
with accurate, constructive feedback on their performances in order to
encourage improvement and reward those who most succeeded in their
roles?
Answer. Yes, I believe that accurate and constructive feedback is
important in any position to facilitate improvement and growth. My
understanding is the Department has annual review cycles in place, and
if confirmed, I would ensure that evaluations were completed in a fair
and transparent manner.
Question. If confirmed, would you support and encourage clear,
accurate, and direct feedback to employees in order to improve
performance and reward high achievers?
Answer. Yes, if confirmed, I would support clear, accurate, and
direct feedback to employees so as to improve performance, identify
areas for growth, and reward team and individual accomplishments. I
believe the Department manages several awards programs as well, which I
would utilize to highlight the achievements of my team.
Question. In your opinion, do U.S. diplomats get outside of our
Embassy walls enough to accomplish fully their missions?
Answer. My understanding is that diplomats want to get outside
Embassy walls and prefer advancing U.S. priorities in-person, if
possible. The global COVID-19 pandemic has made it harder for them to
meet in person, but I understand the team in Greece did a remarkable
job of innovating new approaches and pivoting to virtual spaces.
Despite the pandemic, for example, our Public Diplomacy team was able
to safely deliver a yearlong series of programming to commemorate U.S.-
Greek friendship during Greece's bicentennial year in 2021 which
included virtual and in-person programs throughout the country. If
confirmed, I would encourage my team to continue to seek to engage with
contacts in-person, or through whatever means they felt were most
effective, in accordance with local health regulations and security
conditions. I would work closely with medical staff and the Regional
Security Officer at Post to ensure the safety of my team.
Question. How do you intend to improve the ability of U.S.
diplomats to better access all local populations?
Answer. If confirmed, I would encourage Mission Greece to continue
its broad outreach efforts not only with government contacts, but with
NGOs, civil society, and vulnerable populations in the country. To the
extent possible, I would also advocate for increasing the resources
made available to the public diplomacy team for additional outreach
activities. For example, Mission Greece has vast potential to engage in
the areas of education and with Greek youth. The Greek Ministry of
Education is seeking to expand partnerships with U.S. universities to
implement joint- and dual-degree programs, as well as exchange
programs. Mission Greece has six ``American Spaces'' in the country
which provide an incredible platform for engagement with youth,
particularly to promote STEM and entrepreneurship training across
several regions of the country.
Question. What is the public diplomacy environment like in the
Greece?
Answer. Greece benefits from a dynamic media environment and a
public that is eager to engage with the United States. If confirmed, I
would work closely with Mission Greece's Public Diplomacy Section to
shape the media narrative about our deepening bilateral relationship
and important regional developments. I would also work closely with the
Public Diplomacy Section to support new avenues for engagement in
education, women's empowerment, countering climate change, and others
to promote the full range of our policy priorities and to deepen our
people-to-people ties.
Question. What public diplomacy challenges do U.S. diplomats face
there?
Answer. The global pandemic has presented unique challenges for
public diplomacy efforts by postponing critical exchange programs and
converting in-person events to virtual engagements. More specifically,
my understanding is that Greece provides a receptive and engaging media
environment, but that there are significant generational differences in
media preferences. If confirmed, I will work closely with the Public
Diplomacy Section to identify even more effective and non-traditional
ways to engage with the country's youth on policy issues.
Question. How do you balance the importance of Main State versus
the in-country mission when it comes to tailoring public diplomacy
messages for foreign audiences?
Answer. My view on this is that the country mission is best placed
to have a pulse on media environments and national audiences, while
Main State offers a broader, more coherent perspective in harmony with
other Department and national priorities. You need both perspectives to
achieve effective public diplomacy messaging, and if confirmed I would
work with the Mission Greece team and the Bureau for Eurasian and
European Affairs to find the right balance.
Question. ``Anomalous health incidents'', commonly referred to as
``Havana Syndrome'', have been debilitating and sidelining U.S.
diplomats around the world for years. They have caused serious,
negative consequences for U.S. diplomacy, yet many believe that the
Department is not doing enough to care for, protect, and communicate to
its personnel. If confirmed, do you commit to taking this threat
seriously?
Answer. Yes, these incidents are the subject of a sensitive ongoing
investigation and remain a top priority for the Department. If
confirmed, I will communicate with our workforce to provide care for
affected employees and their family members and work together with
partners in Washington and the interagency to do what we can to protect
against these incidents and, of course, to find the cause of what has
been afflicting these members of our Embassy teams.
Question. If confirmed, do you commit to talking as openly as you
can to Mission Athens personnel?
Answer. Yes, if confirmed, I will do my utmost to speak openly
about this issue and ensure anyone who reports unexplained health
incidents receives immediate and appropriate care. I will also consider
it my primary responsibility to ensure the safety and security of the
Embassy community.
__________
Responses to Additional Questions for the Record
Submitted to George J. Tsunis by Senator John Barrasso
Question. How would you respond to requests for a U.S. commitment
to assist Greece in the event of an invasion or similar act of
aggression by Turkey?
Answer. If confirmed, my overall objective would be to support
regional peace and stability, including between our two NATO Allies.
The United States has been clear with Turkey that certain military
maneuvers in the past have been unhelpful and provocative. If
confirmed, I would work with the State Department and U.S. Government
in tandem with my counterpart, Ambassador Flake, to defuse any crisis
diplomatically.
Question. What were the new commitments made in the enhanced U.S.-
Greece Mutual Defense Cooperation Agreement?
Answer. My understanding is the latest update to the Mutual Defense
Cooperation Agreement extended the agreement term to five years, with
an indefinite duration thereafter, stabilizing our defense cooperation
with Greece, and bringing the agreement up to standard with those we
have with other NATO Allies. The update also added four additional
sites for the U.S. military to utilize in Greece: Camp Georgoulas
(Volos); Litochoro Range; Camp Giannoulis (Alexandroupoli); and Souda
Naval Base. If confirmed, I would seek to deepen our defense
cooperation and ensure that any new commitments advance U.S. national
security.
Question. Do you support the Eastern Mediterranean gas pipeline?
Answer. My understanding is, in line with U.S. climate priorities,
the United States looks critically at new fossil fuel infrastructure
projects to ensure U.S. public investment and support is not directed
to carbon intensive sources and does not result in future stranded
assets as we accelerate the clean energy transition. The East
Mediterranean Gas Pipeline would constitute significant and expensive
new fossil fuel infrastructure at a time when we and our partners are
focused on investing in renewables and clean energy sources. At a time
when Europe's energy security is--more than ever--a question of
national security, if confirmed I would commit to deepen U.S. regional
relationships, promote clean energy technologies and projects such as
the proposed EuroAfrica and EuroAsia interconnectors, and counter
climate change.
Question. How does the pipeline help reduce Europe's dependence on
Russian gas?
Answer. I view Greece as a top U.S. partner in Europe on energy
security and diversification. The Trans-Adriatic Pipeline,
Interconnector Greece-Bulgaria, Interconnector Greece-North Macedonia,
and the Alexandroupoli FSRU are examples of projects that will position
Greece and Europe to reduce their dependence on Russian gas and break
Gazprom's monopoly over the region. If confirmed, I would continue to
work with Greece to identify projects that both advance our energy
security goals and facilitate the transition to cleaner forms of
energy. The administration remains committed to physically
interconnecting East Med energy to Europe.
Question. In your view, what role does the Eastern Mediterranean
gas pipeline play in promoting energy security and regional
cooperation?
Answer. The Eastern Mediterranean Gas Pipeline is still at the
conceptual level, technically challenging and commercially very
expensive. Greece is, however, involved in a number of other
commercially and technically viable natural gas projects that support
energy security and regional cooperation such as the Interconnector
Greece-Bulgaria, the North Macedonia-Greece Interconnector, the Trans-
Adriatic Pipeline, and the Alexandroupoli Floating Storage
Regasification Unit. If confirmed, I would continue to work with Greece
to identify projects that advance our goals of energy security and
diversification.
Question. If confirmed, what steps would you take to support the
Eastern Mediterranean pipeline and the establishment of liquefied
natural gas terminals across the Easter Mediterranean?
Answer. While I applaud Greece' ambitious decarbonization goals to
phase out lignite by 2028, the reality is Greece will continue to
utilize LNG as it transitions to renewable energy. If confirmed, I
would support Greece's efforts to advance energy security and
decarbonization and seek other initiatives that advance the goals
outlined in the European Energy Security and Diversification Act of
2019, such as the proposed EuroAfrica and EuroAsia interconnectors.
Understanding that the East Mediterranean Gas Pipeline would constitute
significant and expensive new fossil fuel infrastructure at a time when
we and our partners are focused on investing in renewables and clean
energy sources, if confirmed, I would commit to deepen U.S. regional
relationships, promote clean energy technologies, and counter climate
change.
Question. What is your strategy to encourage additional natural gas
development and infrastructure in the region?
Answer. If confirmed, I would make supporting U.S. investment in
Greece's critical infrastructure a top priority, working with
interagency partners, including the U.S. International Development
Finance Corporation (DFC) and Congress, to identify projects for U.S.
investment. I would strongly support U.S. commercial engagement in
Greece. I agree wholeheartedly with Congress' intent in passing the
European Energy Security and Diversification Act of 2019 and would
continue to search for other strategic opportunities.
Question. What are some of the current challenges facing American
energy companies currently operating or looking to operate in the
Eastern Mediterranean?
Answer. I understand political and security tensions in the Eastern
Mediterranean present challenges for U.S. energy companies currently
operating or looking to operate there. The United States supports
efforts to de-escalate tensions in the Eastern Mediterranean, including
the continuation of exploratory talks between Greece and Turkey. I
believe disagreements should be resolved peacefully through dialogue
and in accordance with international law.
Question. If confirmed, how would you address those challenges in
order assist American companies pursuing natural gas and oil
operations?
Answer. As I understand it, the United States supports regional
cooperation to bring durable energy security to the region, create new
markets, drive energy innovation, and provide economic prosperity in
the Eastern Mediterranean. If confirmed, I would encourage peaceful and
diplomatic resolutions, which respect the sovereignty and territorial
integrity of all countries. I would also work closely with U.S.
companies to ensure they can compete for these projects, across all
aspects of the energy sector, including the fastest growing
technologies and markets.
Question. What is your strategy to counter Chinese investments in
critical infrastructure investments in Greece?
Answer. I understand Greece continues to take steps to increase
foreign direct investment, including from the PRC, to mitigate the
impact of the pandemic and recover from the decade long financial
crisis. However, Greece has shown a willingness to weigh national
security and strategic considerations for certain critical
infrastructure projects, for example effectively excluding Huawei from
building its 5G infrastructure. Greece has taken an important step in
approving a process expected to result in an investment screening
mechanism in line with the EU investment screening framework. If
confirmed, I would encourage Greece to adopt a national investment
screening mechanism and continue efforts to share investment screening
best practices, including from the U.S. experience with recent
legislation implementation. As a businessperson, I know how to work
with a team to formulate a winning economic bid, and if confirmed,
that's exactly what I would do by vigorously promoting U.S. investment
in the region and pushing back against problematic PRC disinformation
and influence campaigns.
Question. In what ways do you believe the United States has not
shown up or been aggressive? What is your strategy to change it?
Answer. The PRC is aggressive and strategic in acquiring strategic
infrastructure, and I am cognizant of the fact that we need to play to
win when we are competing with Beijing for strategic investment. Since
2016, China's state-owned shipbuilding company, COSCO, has owned and
operated the port of Piraeus, now the second busiest port by volume in
Europe. This year Greece will privatize the ports of Alexandroupoli and
Kavala, and it is critical that Greece selects a western partner to
acquire them. If confirmed, I will seek to promote U.S. investment in
the region, and employ the tools made available by the European Energy
Security and Diversification Act, to ensure the United States is seen
as a keenly interested and reliable business partner. The DFC, for
example, has shown great promise to help level the playing field with
our strategic competitors on projects that meet its criteria.
__________
Responses to Additional Questions for the Record Submitted
to Beth Van Schaack by Senator Robert Menendez
Israel
Question. Last year, the Prosecutor of the ICC confirmed the
opening of a formal investigation into the Palestinian situation, which
I believe was a politically-motivated decision to target Israel and
wrongfully extends the Court's jurisdiction over personnel of a non-
State Party.
Will you commit to pushing back against the International Criminal
Court's wrongful pursuit of a war crimes investigation against
the State of Israel?
Answer. Yes. I agree with the serious concerns of the U.S.
Government about the ICC's attempts to exercise jurisdiction over
Israeli personnel. If confirmed, I will uphold the United States'
strong commitment to Israel and its security, including by opposing
actions that seek to target Israel unfairly.
Question. How will you work to promote reform within the Court to
help ensure that it properly carries out investigations and respects
the rights of non-State Parties?
Answer. As the Court approaches its twentieth anniversary, I am
encouraged that States Parties, civil society, and other stakeholders
have identified and committed to a broad range of reforms to help the
Court fulfill its core mandate as a court of last resort, including
through prioritizing resources, focusing on the most serious crimes of
international concern, and continuing to develop the fundamental
importance of the principle of complementarity. If confirmed, I commit
to engaging with all ICC stakeholders, including some of our closest
allies who are States Parties, to address our concerns and promote
further reform.
Additional Tools and Mechanisms for Global Criminal Justice
Question. The ICC represents only one piece of the larger global
criminal justice landscape. There are a range of international,
regional, and domestic tribunals as well as international investigative
mechanisms seeking to provide accountability for victims of mass
atrocity crimes.
How can the United States strengthen international mechanisms for
accountability to enhance their ability to prevent mass
atrocities?
Answer. There is a whole range of forms of assistance that the
United States can provide to international mechanisms to enhance their
ability to prevent, and respond to, mass atrocities. In addition to
financial and programmatic assistance, this can include diplomatic
support in international fora (to strengthen mandates and build
multilateral support for these efforts), operational assistance in the
field (e.g., identifying perpetrators, offering witness protection, or
providing security), and technical support (e.g., providing
evidentiary, forensic, and legal analysis). Helping such institutions
better understand the context in which they are operating by, for
example, sharing information, improves their ability to craft and
implement effective responses. The United States can also enhance the
environment in which these institutions are operating by constraining
perpetrators through, among other things, sanctions and import/export
restrictions, where available. The United States can also help with the
rehabilitation of survivors through supporting psychosocial
rehabilitation and other restorative measures.
Question. In your view, what tools and mechanisms have been most
effective in promoting accountability?
Answer. The international community has developed a number of
institutions and models for addressing the commission of grave
international crimes. This includes international and hybrid criminal
tribunals and specialized international crimes chambers. In addition,
many states-including the United States-have empowered their domestic
courts to prosecute international crimes under their national penal
codes. Hybrid institutions (i.e., tribunals with mixed international
and domestic elements such as the nationality of key staff and the law
to be applied) have proven particularly effective because they combine
local legitimacy and knowledge with international expertise, skill, and
resources.
Alongside these criminal accountability options, states emerging
from periods of mass violence, repression, or conflict can also choose
from a range of transitional justice mechanisms that advance the
interlocking goals of truth-telling, reparation/rehabilitation,
memorialization, vetting, and institutional reform. The Office of
Global Criminal Justice advises State Department leadership, embassies
and posts, the inter-agency, and other stakeholders on developing and
deploying of these various options for ensuring retributive and
restorative justice.
No accountability mechanism can be effective without solid
documentation, including contextual and linkage evidence connecting
individual perpetrators to the commission of international crimes.
Consistent U.S. support for documentation (for both fact-finding and
building criminal cases) and financial support to institutions,
judicial and non-judicial, has been vital for achieving the
accountability that has occurred in many courts and tribunals.
There also are actions that promote accountability for contemporary
atrocity situations that go beyond these traditional tools. For
example, when it comes to the genocide and crimes against humanity
unfolding in Xinjiang, in addition to financial sanctions and visa
restrictions, I understand that the United States Government has
tightened export controls respecting entities implicated in human
rights abuses in Xinjiang; issued Withhold Release Orders and a
Business Advisory regarding heightened risks to U.S. businesses with
links to Xinjiang given the existence of forced labor; and formally
listed products that are believed to have been produced by forced
labor. In addition, to these economic measures, the United States
undertakes rigorous Leahy vetting to ensure that applicable U.S.
assistance is not provided to security force units that are credibly
implicated in gross violations of human rights. All this suggests that
a ``whole-of-government'' approach, especially when done in concert
with our allies and partners, is more effective.
Syria
Question. As I am sure you know, a German court recently found a
former Syrian intelligence officer guilty of crimes against humanity
and sentenced him to life in prison for his role in the Assad regime's
industrial-scale torture and murder of its own citizens. As the first
ever trial and guilty verdict against a high-ranking Syrian regime
official for crimes against humanity, this is an important landmark for
ensuring accountability for the Assad regime's barbarism, especially
since the ICC does not have jurisdiction over Syria and efforts to take
action through the form of a U.N. Security Council resolution face
pushback from China and Russia.
If confirmed, how do you plan on ensuring accountability for crimes
in Syria?
Answer. I share Congress' horror at the scale, scope, and brutality
of the Assad regime's atrocities. In my professional and academic
career, I have devoted considerable energy to pursuing justice for
Syria. If confirmed, I will strongly support U.S. efforts to promote
accountability for these atrocities. My work in this area includes
completing a Ph.D. on ``Imagining Justice for Syria'' that tracks
international, regional, and domestic justice options (OUP 2020).
Unfortunately, very few avenues for justice currently exist for the
myriad international crimes that have been, and are being, committed in
Syria. In the absence of any international, regional, or hybrid court
with criminal jurisdiction over perpetrators, domestic proceedings-like
those in Germany-are vital engines of accountability. In addition to
holding individual perpetrators accountable, these judgments can offer
all victims a sense of justice, develop important jurisprudence, find
facts and reveal the truth about atrocities, deter other perpetrators,
and inspire judicial efforts elsewhere.
Domestic investigations and prosecutions are being assisted by the
work of grassroots documentation organizations as well as international
institutions, such as the U.N. Commission of Inquiry on Syria, created
by the U.N. Human Rights Council, and a new international investigative
mechanism established by the U.N. General Assembly: the U.N.
International, Impartial, and Independent Mechanism (IIIM). The United
States has supported, diplomatically and financially, the creation and
operation of such documentation processes. If confirmed, I will work to
ensure that the United States continues its crucial support of the
IIIM's mission to collect, consolidate, preserve, and analyze evidence
of violations of international humanitarian law and human rights
violations and abuses committed in Syria since 2011 for future
accountability and transitional justice processes. This work is
critical to facilitating criminal justice mechanisms and paving the way
for a durable political solution that addresses the aspirations for
justice of the Syrian people. I also believe that GCJ has a
particularly important role to play in supporting documentation and
accountability efforts by Syrian human rights defenders and their
international partners, many of whose efforts feed directly into the
IIIM and its work.
Question. What actions will you take to support continued efforts,
such as the trial in Koblenz, to bring about justice for victims of
state oppression in Syria?
Answer. The road ahead for justice and accountability in Syria
remains long, but I am encouraged by the progress made in this area
over the last year, notably in Germany where, in January the first
senior Syrian regime officer was convicted of crimes against humanity
and in 2021 a lower-ranked officer was also found guilty for being an
accessory to commit crimes against humanity. I welcome the January 13
Koblenz court verdict as a crucial victory for victims of the Assad
regime's decade-long conflict against its own people.
I also welcome efforts by other national courts to investigate and
prosecute crimes within their jurisdiction committed in Syria. If
confirmed, I will look for ways to continue supporting Syrian human
rights defenders and their international partners that document
evidence of the Assad regime's atrocities and support key witnesses
involved in the process. The evidence collected by these stakeholders,
and shared with national law enforcement and judicial authorities, has
been highly valuable to such accountability efforts.
Finally, there is the possibility of a case before the
International Court of Justice (ICJ) against Syria under the Convention
Against Torture. This treaty provides for the possibility of the ICJ
exercising jurisdiction over disputes between state parties to the
treaty, which cannot be settled through negotiation, and that are over
the interpretation or application of the Convention, including claims
of state responsibility. The Netherlands and Canada have indicated that
they consider Syria to be in breach of its treaty obligations,
including the obligations not to commit torture and to investigate
allegations of torture. If confirmed, I would follow this matter
closely to determine whether there might be ways for the United States
to support our allies in this groundbreaking suit.
__________
Responses to Additional Questions for the Record
Submitted to Beth Van Schaack by Senator James E. Risch
Question. If confirmed, what are your biggest priorities in the
first 100 days of your Ambassadorship?
Answer. If confirmed, I would ``hit the ground running'' during the
first 100 days in office when it comes to executing upon the critical
mandate of the Office of Global Criminal Justice (GCJ). I envision the
first days in office being devoted to getting myself up-to-speed on the
current workings of the office as well as the Executive Branch's
atrocities prevention and response architecture and operations,
particularly with respect to the Early Warning Task Force and related
efforts. This would require me to acquaint myself with GCJ's staff and
their respective portfolios, as well as the work of other offices
across the Government, all with an eye toward understanding the scope
of GCJ's expertise (and any gaps in coverage), building relationships
across government, and identifying the most pressing areas of concern.
Second, I would get immediately briefed on the status of existing
atrocities determination processes as well as any upcoming key dates
and deadlines, especially regarding Congressional reporting and the War
Crimes Rewards Program. Third, I would scan the globe with my regional
colleagues to map at-risk situations and better understand what U.S.
and multilateral responses are already in train. Fourth, I would review
all ongoing justice efforts around the world with the goal of
identifying ways to enhance U.S. support for these endeavors. Finally,
and to the degree permitted in light of the pandemic, I would hope to
begin diplomatic outreach to atrocities prevention and response
initiatives around the world, as well as my counterparts within the
Governments of U.S. friends and allies devoted to this work.
Question. What role should GCJ play in the interagency process on
Atrocity Prevention, including as a participant in the Atrocity
Prevention Task Force?
Answer. I believe atrocity prevention requires a whole-of-
government approach, as Congress has recognized in enacting the Global
Fragility Act of 2019 and Elie Wiesel Genocide and Atrocities
Prevention Act of 2018. If confirmed, I will work closely with
Department and inter-agency colleagues through the Task Force, and with
Congress, to anticipate, prevent, mitigate, and respond to atrocities
in line with those legislative priorities.
As I understand it, GCJ's primary role is to respond to atrocities
as they unfold, advance justice for victims, support efforts to hold
those responsible for atrocities accountable, and work to prevent
recurrence by promoting robust and effective transitional justice
mechanisms. This transitional justice work is an essential component of
atrocity prevention. It contributes to reconciliation and greater
stability, builds trust in institutions, breaks cycles of vengeance and
retaliation, and demonstrates that atrocities are not acceptable. I
also understand that J/GCJ plays a critical role in Department atrocity
prevention training efforts, ensuring Department personnel and other
government stakeholders understand how transitional justice mechanisms
contribute to the full spectrum of atrocity prevention activities.
Question. Do you support the United States becoming a party to the
Rome Statue of the International Criminal Court?
Answer. The United States has a long history of leadership in
supporting criminal accountability for atrocity crimes through
international, national, and hybrid tribunals. We have much to be proud
of and our leadership is essential to confronting atrocities being
carried out around the world. If confirmed as the Ambassador-at-Large
for War Crimes Issues, a position filled under all administrations
since the mid-1990s, I would be honored to carry forward that legacy.
Although not a State Party to the Rome Statute, the United States has
an important role to play with regards to the Court, as a global leader
in promoting accountability for atrocities, as a permanent member of
the U.N. Security Council, and as an Observer State to the ICC's
Assembly of States Parties. The United States can be supportive of
these efforts without becoming a member of the Court.
Question. Under what circumstances should the U.S. cooperate with
the ICC?
Answer. There are situations in which it advances our national
interest and our values to cooperate with or support the activities of
the ICC-as recognized in legislation including the Dodd Amendment to
the American Servicemembers Protection Act and legislation regarding
the War Crimes Rewards Program. Like other international tribunals, the
International Criminal Court can provide an important forum for
accountability when national systems are unwilling or unable to do so,
provided proper jurisdiction is established. The United States has
recognized, for example, that the ICC's investigations in Libya, in
Sudan, and across Central Africa further U.S. national interests. The
United States facilitated the voluntary surrender and transfer to the
ICC of Bosco Ntaganda and Lord's Resistance Army commander Dominic
Ongwen--both later convicted of war crimes and crimes against humanity.
Ongwen and Ntaganda were designated under the War Crimes Rewards
Program, managed by the Office of Global Criminal Justice. These
rewards were possible because of bipartisan legislation passed by
Congress in 2013. I believe cooperation is appropriate where consistent
with U.S. law and where the work of the Court aligns with U.S. foreign
policy priorities, national security objectives, and core values.
Question. Do you believe that the ICC should be investigating
alleged actions of U.S. service members and officials in Afghanistan?
If yes, please explain.
Answer. The U.S. Government has a longstanding objection to the
ICC's attempts to assert jurisdiction over nationals of non-States
Parties, such as the United States, absent the consent of the State or
a U.N. Security Council referral. If confirmed, I will support and
maintain that objection. I am deeply concerned about the current human
rights situation in Afghanistan, including allegations of atrocities
carried out by ISIS-K and the Taliban, and welcome efforts to ensure
accountability for such atrocities. The ICC Prosecutor's September
announcement that he will prioritize investigations into alleged
violations by ISIS-K and the Taliban, and deprioritize other aspects of
the investigation, such as allegations against U.S. personnel, reflects
the gravity of the current situation.
Question. Do you believe that the ICC has jurisdiction to
investigate or bring to trial United States service members, officials,
or other United States citizens? If yes, please explain.
Answer. As I noted in my testimony and above, the International
Criminal Court should remain focused on those situations where the
state in question has consented to jurisdiction or the Security Council
has referred a situation to the Court, consistent with the U.S.
Government's longstanding objection to the ICC's attempts to assert
jurisdiction over nationals of non-parties, such as the United States.
Question. Do you believe that the ICC should be investigating a
case involving alleged Israeli actions in the Palestinian territories?
If yes, please explain.
Answer. I share the serious concerns of the United States
Government about the ICC's attempts to exercise its jurisdiction over
Israeli personnel. Israel is not a Party to the Rome Statute and has
not consented to the ICC's jurisdiction.
Question. Do you believe that the ICC has jurisdiction to
investigate or bring to trial Israeli service members, officials, or
other Israeli citizens? If yes, please explain.
Answer. Israel is not a Party to the Rome Statute and has not
consented to the ICC's jurisdiction. My understanding is that, while
the Palestinians purported to join the Rome Statute in 2015, the United
States does not believe that the Palestinians qualify as a sovereign
state and therefore are not qualified to obtain membership as a state
in, participate as a state in, or delegate jurisdiction to the ICC.
Question. Do you believe the ICC's reputation has been diminished
by recent attempts to prosecute United States and Israeli nationals? If
no, please explain.
Answer. If confirmed, I will work to uphold our strong commitment
to Israel and its security, including by opposing actions that seek to
target Israel unfairly. I will also continue to advance the U.S.
Government's longstanding objection to the ICC's attempts to assert
jurisdiction over non-parties, such as the United States and Israel. As
Secretary Blinken has stated, our concerns with respect to such
situations are best addressed through engagement with all stakeholders
in the ICC process. If confirmed, I will lead that engagement.
Question. Do you believe that an ICC prosecution of United States
services members and public servants would deny those U.S. citizens
fundamental due process protections to which all Americans are
guaranteed under the U.S. Constitution, such as a right to trial by
jury? If no, please explain.
Answer. The ICC should not prosecute nationals of non-states
parties such as the United States. If confirmed, I will maintain and
support the United States' longstanding position in this regard.
Question. Do you believe the United States has an obligation to
protect U.S. citizens who have served or are currently serving in
Afghanistan against criminal prosecution by the ICC? If yes and if
confirmed, what specific actions would you take to ensure that U.S.
service members, officials, and citizens are not subject to ICC
prosecutions? If no, please explain.
Answer. The ICC Prosecutor has indicated his intention to
prioritize the ongoing violations by the Taliban and ISIS-K in his
investigation into the Afghanistan situation, which appropriately
reflects the gravity of the situation and the acute threats faced by
civilians there. That said, the United States should defend U.S.
personnel who served, or are serving, in Afghanistan against any
potential criminal charges by the ICC.
Question. What additional international avenues exist to pursue
justice and accountability for victims of atrocities outside of the
ICC?
Answer. Since Nuremberg, the United States has supported various
international and domestic transitional justice mechanisms in pursuit
of justice and accountability for atrocity crimes, including ad hoc
tribunals, hybrid courts (courts with international and domestic
elements), and domestic judicial processes, as well as non-penal
institutions engaged in truth-telling, reparation, memorialization, and
institutional reforms. Essential to many of these efforts are also the
independent investigative mechanisms, commissions of inquiry and fact-
finding missions that lay the groundwork for justice and accountability
through fact-finding, documentation, and evidence collection of human
rights violations and abuses. All these mechanisms, to one extent or
another, shape the architecture of accountability under international
criminal law. If confirmed, I will commit to continuing U.S. leadership
in supporting a range of transitional justice measures and exploring
all avenues for justice and accountability in line with U.S. foreign
policy and values.
Question. Beyond the ICC, what international accountability
mechanisms do you support?
Answer. The twin goals of ending impunity and providing a measure
of justice for victims can be advanced by various types of
international accountability mechanisms designed to address atrocity
crimes. As I noted in my testimony, each situation requires a bespoke
response. The United States has played a historic leadership role in
establishing and supporting many of these mechanisms, including the
International Criminal Tribunal for the former Yugoslavia and the
International Criminal Tribunal for Rwanda in the 1990s. This
assistance, which included the detail and transfer of U.S. personnel,
was critical to their success. In the current day, I am proud that the
United States has continued to look for ways to support-technically,
financially, diplomatically, and operationally-new international,
hybrid, and national mechanisms to respond to contemporary human rights
crises, including the Special Criminal Court for the Central African
Republic, the Kosovo Specialist Chambers, the Special Jurisdiction for
Peace in Colombia, and the international mechanisms investigating
crimes in Syria and Myanmar/Burma. This generation of accountability
mechanisms reflects the understanding that ensuring justice for
atrocities requires utilizing a range of transitional justice
mechanisms, including those that promote truth-telling, institutional
reform, and memorialization. If confirmed, I will support the creation
and the strengthening of those mechanisms that reflect core U.S
interests and values.
Question. If the U.S. is not a member or party to avenues listed
above, do you believe it should be?
Answer. The United States supports all the mechanisms I referenced
above. They have generally been created by elements of the United
Nations-such as the U.N. General Assembly or Human Rights Council-or by
national authorities with international involvement/assistance. The
United States has been instrumental in standing up these institutions,
and ensuring their success, through its votes and influence in
multilateral institutions and the international sphere. Ultimately, how
best to respond to a situation involving atrocity crimes must be
assessed on an individual basis. Each atrocity situation requires a
bespoke response, depending on the national and international context.
If confirmed, I will commit to applying my expertise to providing the
best advice and guidance to the Secretary as to whether a proposed or
existing mechanism is genuine, credible, and advances U.S. foreign
policy.
Question. In your view, what are some examples of special court or
tribunals which did not work well?
Answer. While the international criminal justice framework has
become more robust and effective since the establishment of ad hoc
tribunals in the 1990s, there is always room for reflection, learning,
and improvement. If confirmed, I will look for ways to continue the
United States' efforts to enhance the technical capacities of special
courts and criminal tribunals and to ensure that they are cost
effective, especially given the generous financial contributions that
the United States has made and continues to make. In addition, the
United States also has an important interest in ensuring that any
transitional justice mechanism-whether a court or a truth-telling body-
is fair, independent from undue political influence, and respects human
rights. Doing so confers legitimacy on the institution. I also believe
that there are ways in which accountability mechanisms can engage more
effectively with victims, survivor groups, human rights defenders, and
civil society. If confirmed, I will do all that I can to ensure that
such accountability mechanisms can fulfill their respective mandates
effectively and efficiently.
The Bangladesh International Crimes Tribunal offers an example
where greater reflection, learning, and improvement are warranted. A
previous Ambassador-at-Large visited Bangladesh multiple times to
encourage Bangladeshi authorities to ensure that this special court,
convened to try crimes committed during the 1971 war of independence,
afforded defendants the fair trial guarantees set forth in
international human rights law given concerns that the proceedings were
focused on members of the political opposition and unfolding in ways
considered fundamentally unfair to the defendant. Unfortunately, this
tribunal has not fully respected these guarantees. Another example is
the Extraordinary Criminal Chambers in the Courts of Cambodia, which
featured a unique hybrid structure that led to multiple impasses
between international and national staff and generated allegations of
political interference, although it did accomplish some measure of
justice. This particular hybrid model should not be replicated in
future institutions, although other hybrid institutions have proven
effective in combining local legitimacy and knowledge with
international expertise, skill, and resources.
Question. The Office of Multilateral Strategy and Personnel (MSP)
in the State Department's Bureau of International Organizations is
leading a whole-of-government effort to identify, recruit, and install
qualified, independent personnel at the U.N, including in elections for
specialized bodies like the International Telecommunications Union
(ITU). If confirmed, do you commit to furthering these goals and
contributing to the whole-of-government strategy to elect such
personnel?
Answer. Yes. If confirmed, I will coordinate closely with
colleagues in the IO Bureau, the interagency, and likeminded countries
to identify, promote, and elect qualified, independent candidates to
U.N. bodies. The United Nations system, including U.N. tribunals for
atrocity crimes, and other international entities, have long benefited
from the service of qualified, independent American personnel, reaching
back to U.S. Supreme Court Justice Robert H. Jackson, the Chief United
States Prosecutor of the Nuremberg Trials. I was proud to see the
United Nations Secretary General recently appoint Professor Margaret de
Guzman to serve as a roster Judge on the International Residual
Mechanism for Criminal Tribunals, continuing the long-standing
tradition of American leadership at international organizations. If
confirmed, I will strive to advance U.S. priorities and, with our
partners, our shared commitment to promoting respect for democracy and
human rights and protecting the founding principles and values of the
U.N.
Question. Do you believe that the ICC has jurisdiction over U.S.
citizens, in particular U.S. service members?
Answer. As mentioned, I will continue to advance the U.S.
Government's longstanding objection to the ICC's attempts to assert
jurisdiction over nationals of non-parties such as the United States,
absent the State's consent or a Security Council referral.
Question. Do you believe that the ICC has jurisdiction over Israel
and Israeli citizens?
Answer. As I noted in my testimony, I share the serious concerns of
the United States Government about the ICC's attempts to exercise its
jurisdiction over Israeli personnel. Israel is not a party to the Rome
Statute and has not consented to the Court's jurisdiction.
Question. Previously, the United States expressed concern that
changes the U.N. General Assembly made--starting in 2018 and until
now--to narrow the focus of the reference to the remembrance of ``1994
Genocide in Rwanda'' to the ``1994 Genocide Against the Tutsi in
Rwanda.'' The United States view has been that this change does not
capture the fullness of the genocide, particularly the violence against
other victims and non-Tutsi groups. Among the reasons, the U.S. has
cited the dangers of revising language used to describe a past
genocide, particularly the dangerous precedent that would create for
other dates and references of remembrance. Meanwhile, the Rwandan
Government points to the U.N. General Assembly's decision to affirm
that the 1994 genocide specifically targeted the Tutsi in Rwanda.
What is your view on this matter?
Answer. The 1994 genocide was one of the most horrific events of
the late 20th century. In addition to the large numbers of Tutsi lives
tragically lost, we also cannot forget the many Hutu and Twa who were
killed during this time, some for their opposition to the atrocities
being committed. Honoring and remembering all victims presents a fuller
picture of this dark period in history. If confirmed, I will consider
this matter carefully with my colleagues in other bureaus and offices.
Question. Should the United States review the underlying reasons
behind the 1994 genocide and most of the Tutsi victims?
Answer. One of the strongest measures we can take to prevent
atrocities from occurring again is to preserve the history of what has
taken place and ensure that an accurate historical record is
established. The International Criminal Tribunal for Rwanda, and now
the International Residual Mechanism for Criminal Tribunals, have
greatly contributed to establishing such a historical record, and
through outreach and educational programs, providing future generations
with access to this record. Examining and understanding the complex
root causes of how such a horrific event could happen is necessary for
the United States and the international community to ensure that it
never happens again. Gathering these lessons learned is critical to
enhancing the United States' programs for atrocities prevention and
response.
Question. The Biden administration continues to refer to 'nascent
talks' and the process of gathering evidence in the ongoing conflict in
Ethiopia, among the reasons why it has not yet made an atrocities
determination regarding the human rights abuses, violence and killings
carried out by parties to the conflict.
Should the United States continue to delay an atrocities
determination regarding the Ethiopia conflict? If so, why? If
not, what will you do, if confirmed, to impact this policy
approach?
Answer. If confirmed I will look into the status of this issue and
will consult regularly to ensure Congressional views are conveyed to
the Secretary.
Question. Specific to the Ethiopia conflict, what would be the
value of an atrocities determination, and how can it help shape current
and future U.S. policy and assistance to Ethiopia?
Answer. An atrocity determination by the Secretary is one tool in
our toolkit to address, respond to, and prevent atrocities. It may be
appropriate at some point in Ethiopia, and, if confirmed, I look
forward to providing the Secretary with my best advice on that point.
But as the Secretary has said, ``regardless of what we call it,''
the most important priorities are to stop the violence and ensure there
is justice and accountability for abuses. We must insist that the
parties to the conflict in Ethiopia commit to a comprehensive,
transparent, and inclusive transitional justice process that addresses
grievances, holds those most responsible for human rights abuses and
violations accountable, acknowledges harms, restores property to lawful
owners, guarantees non-recurrence, and facilitates country-wide
reconciliation. If confirmed, I will work with colleagues in the
Department to promote such efforts. The needs of victims should drive
decisions about specific mechanisms.
Question. Speaking in your personal capacity, and based on what you
know of the atrocities being committed in Ethiopia, how would you
characterize the atrocities committed in the course of this ongoing
conflict?
Answer. I am deeply concerned about the situation in Ethiopia.
Reports of killings, sexual violence, and detention based on ethnicity
are extremely disturbing. I have not fully analyzed whether these acts
may constitute atrocity crimes, such as war crimes or crimes against
humanity, but regardless of how one characterizes them, these horrific
acts need to stop and those responsible need to be held accountable. If
confirmed, I will work with others in the Department to promote an end
to all human rights violations and abuses in Ethiopia, an inclusive
peace agreement, and a commitment to comprehensive and inclusive
transitional justice.
Question. Regarding atrocities determinations, should the U.S.
generally give more weight to developing peace processes that often
take months even years to form, over being forthright and being public
in their atrocities determination?
Answer. An atrocity determination can be an important tool in
efforts to prevent and stop ongoing atrocities. However, as the
Secretary has said in the context of Ethiopia, ``regardless of what we
call it,'' the most important priorities are stopping the violence and
ensuring justice for victims. Whether an atrocity determination at a
given time will contribute to these priorities must be considered on a
case-by-case basis.
Question. During President Ellen Johnson Sirleaf's administration,
Liberia formed a Truth and Reconciliation Commission (TRC) in 2006 to
look at the horrors of Liberia's civil wars and the related crimes
committed. The TRC published its final report in 2010 that included a
set of findings and recommendations, including a call for a special war
crimes court and for individuals linked to factions during the war from
seeking office for 30 years. The TRC listed several senior politicians,
senators, including President Sirleaf, in the report. The Sirleaf
Government, or the current administration under President George Weah,
never implemented the TRC report, but calls for a special war crimes
tribunal remain.
Do you believe Liberia's leaders, including President George Weah,
should meet previous commitments towards forming a court?
Answer. Liberia's Truth and Reconciliation Commission (TRC) report
recommended a mix of criminal accountability and restorative measures
to address the crimes committed during the country's civil wars to
include prosecution of gross violations of human rights and violations
of international humanitarian law and monetary reparations and
memorialization of victims. To date, I understand the Liberian
Government has not implemented the majority of the recommendations from
the TRC report. In my view, to be effective, efforts to promote justice
and reconciliation in Liberia must be Liberian-led. If confirmed, I
will work to ensure the United States continues to be a partner to
Liberia in justice and reconciliation efforts and will continue to
encourage the Liberian Government and people to pursue such efforts in
keeping with the recommendations of the TRC.
Question. What should be the international community's role in
working with the Liberian people to see this commitment become a
reality? What should be the U.S. role?
Answer. In my view, to be effective efforts to promote justice and
reconciliation in Liberia must be Liberian-led. If confirmed, I will
work to ensure that the United States continues to partner with Liberia
in justice and reconciliation efforts, and I will continue to encourage
the Liberian Government and people to pursue such efforts.
Question. During your meeting with SFRC minority staff, you stated
that, in your view, the 2002 AUMF is the United States' ``best
argument'' for the air strike against Qassem Soleimani on January 3,
2021. Can you elaborate on that view?
Answer. Thank you for these questions. My views expressed during
meetings with your staff were my own, based on reading publicly
available materials. Since I was not in government at the time, I
cannot speak to the specific legal and policy analysis undertaken given
the sensitive intelligence or other information available. I would
therefore defer to experts in the State Department's Office of the
Legal Adviser (L), which provides legal advice to the Department on
these issues. If confirmed as Ambassador-at-Large in the Office of
Global Criminal Justice, I look forward to working with Congress on
matters related to the prevention of, responses to, and accountability
for atrocities, which are J/GCJ's core responsibilities.
Question. Do you believe the 2002 AUMF provided an independent
legal basis for this strike?
Answer. If confirmed as Ambassador-at-Large in the Office of Global
Criminal Justice (J/GCJ), I would not be handling issues related to
legal advice on authorizations for the use of military force.
Question. Do you believe the 2002 AUMF should be repealed?
Answer. These legal matters are not within the portfolio of the
Office of Global Criminal Justice, which focuses on United States'
policy regarding atrocity situations around the world.
Question. In your legal opinion, how would a repeal of the 2002
AUMF impact current detention operations?
Answer. These legal issues fall outside the remit of the Office of
Global Criminal Justice, and I would therefore defer to experts in the
State Department's Office of the Legal Adviser and the Department of
Defense General Counsel on these matters.
__________
Responses to Additional Questions for the Record Submitted
to Beth Van Schaack by Senator Jeanne Shaheen
Question. The Office of Global Criminal Justice is imperative to
coordinating U.S. Government efforts to bring to justice perpetrators
of genocide, crimes against humanity and war crimes.
Given this purview, how do you view the situation in Syria, where
we have seen a host of horrific and immoral crimes that violate
international laws?
Answer. I share Congress' horror at the scale, scope, and brutality
of the Assad regime's atrocities. In my professional and academic
career, I have devoted considerable energy to pursuing justice for
Syria. This includes completing a PhD on ``Imagining Justice for
Syria'' (OUP 2020) that analyzes, tracks, and evaluates a whole range
of international, regional, and domestic options. If confirmed, I will
strategize and strongly support U.S. efforts to promote accountability
for these atrocities. The United States played a key role in
establishing the U.N. Commission of Inquiry on Syria and supported the
creation of the U.N. International, Impartial, and Independent
Mechanism (IIIM). If confirmed, I will work to ensure that the United
States continues its crucial support of the IIIM's mission to collect,
consolidate, preserve, and analyze evidence of the violations of
international humanitarian law and human rights violations and abuses
committed in Syria since 2011 for future accountability and
transitional justice processes. This work is critical to facilitating
criminal justice mechanisms and to paving the way for a durable
political solution that addresses the aspirations for justice of the
Syrian people. I also believe that the Office of Global Criminal
Justice has a particularly important role to play in supporting
documentation and accountability efforts by Syrian human rights
defenders and their international partners, many of whose efforts feed
directly into the IIIM and its work.
Question. Could you speak to the importance of American leadership
to deter crimes against humanity and war crimes?
Answer. The United States was present at the founding of the field
of international criminal law in the post-World War II era. Since then,
U.S. leadership has been instrumental in helping to establish and
support modern justice institutions, including criminal tribunals,
fact-finding bodies, and transitional justice mechanisms operating in
post-conflict environments. This century, attention has shifted to the
imperative of preventing atrocities in addition to providing
accountability after the fact. Mass atrocities threaten international
peace and security, including through destabilizing regions; generating
internal displacement and refugee flows; emboldening perpetrators and
creating openings for violent extremism; disrupting economic relations
and undermining progress on economic development; contributing to state
fragility; necessitating costly ex post interventions; and undermining
the credibility of international norms.
Given these effects, all states should be encouraged to commit to
working together on prevention and civilian protection. The United
States is uniquely situated to convene coalitions of like-minded states
to ensure a robust multilateral response. In addition, it can provide
tangible technical and operational assistance to human rights
defenders, peacebuilders, investigators, government authorities, and
civil society actors to understand and interrupt vectors of violence,
protect civilians, address potential triggers, build societal
resilience, and constrain perpetrators. The Office of Global Criminal
Justice has proven central to coordinating U.S. Government efforts to
bring to justice perpetrators of atrocities but also to help
conceptualize ways to respond to situations at risk of experiencing
mass violence. In this way, it plays an instrumental role in the
prevention and recurrence of violence. If confirmed, I look forward to
joining a tremendous team of subject matter experts who are devoted to
this portfolio.
__________
Correspondence Supporting Sarah Cleveland's Nomination
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
__________
NOMINATIONS
----------
TUESDAY, FEBRUARY 8, 2022
U.S. Senate,
Committee on Foreign Relations,
Washington, DC.
The committee met, pursuant to notice, at 10:07 a.m., in
Room SD-106, Dirksen Senate Office Building, Hon. Robert
Menendez presiding.
Present: Senators Menendez [presiding], Cardin, Shaheen,
Coons, Murphy, Kaine, Markey, Booker, Van Hollen, Risch, Rubio,
Johnson, Romney, Portman, and Young.
Also Present: Senators Schumer and Rosen.
OPENING STATEMENT OF HON. ROBERT MENENDEZ,
U.S. SENATOR FROM NEW JERSEY
The Chairman. This hearing of the Senate Foreign Relations
Committee will come to order.
We are here today to consider nominations for four
important positions: Dr. Deborah Lipstadt to be the Special
Envoy to Monitor and Combat Antisemitism, Ambassador Laura Dogu
to be Ambassador to Honduras, Assemblyman Nickolas Perry to be
Ambassador to Jamaica, and Ms. Randi Charno Levine to be the
Ambassador to Portugal.
Congratulations to each of you. We appreciate your
willingness and the sacrifices that are made not just by you
but your families, who are part of this process, to serve our
country in this capacity.
I know that the majority leader is on his way to introduce
some of our nominees. But I see that Senator Rosen is with us.
I will recognize her at this time to introduce Dr. Lipstadt.
STATEMENT OF HON. JACKY ROSEN,
U.S. SENATOR FROM NEVADA
Senator Rosen. Chairman Menendez, thank you, and Ranking
Member Risch. I really want to thank you both for holding this
important hearing on the nomination of Deborah Lipstadt to
serve our nation as Special Envoy to Monitor and Combat
Antisemitism, which last year was elevated by Congress to rank
of Ambassador.
Dr. Lipstadt has devoted her life to fighting back against
antisemitism and Holocaust denial. She is a renowned scholar of
Holocaust studies at Emory University, has published multiple
books on antisemitism and Holocaust denialism, and who famously
defeated a libel suit brought against her by Holocaust denier
David Irving.
She is, arguably, the nation's foremost expert on
antisemitism and Holocaust denial with over four decades of
groundbreaking scholarship, and her nomination comes at a
critical time in the fight against antisemitism.
In the United States and across the globe, we are
witnessing a significant rise in antisemitism, violent
extremism, and Holocaust distortion and denial.
From swastikas spray painted in public synagogues--in
public to synagogues being attacked, we have recently seen
heinous acts of harassment and violence targeting Jewish
communities.
We are also seeing an alarming rise in Holocaust distortion
and denial worldwide. More and more people are vocally
questioning, trivializing, or outright denying the atrocities
of the Holocaust, eroding the truth of one of the worst
chapters of human history and dishonoring the memory--
dishonoring the memory--of the 6 million Jews who were
murdered.
As co-founder of the Senate's bipartisan Task Force for
Combating Antisemitism, my mission has been to confront this
head on. Alongside my colleague, Senator James Lankford, we
brought Senators from both sides of the aisle together to
address this growing crisis.
With dedicated leadership in place at the State Department,
we can put a stop to these disturbing trends. I am honored to
introduce to you today an exceptionally qualified nominee to
serve as Special Envoy and take on global antisemitism head on
no matter where it rears its ugly head.
And while Senator Lankford could not be with us in person
today, he submitted a statement for the record in strong
support of Dr. Lipstadt's swift confirmation, because we both
recognize the urgent need for American leadership in combating
global antisemitism.
Dr. Deborah Lipstadt has an extensive record of combating
and calling out antisemitism no matter which side of the
political spectrum it comes from, and with this tough but fair
approach, she will serve a vital role in our nation's critical
work to protect Jewish communities and combat antisemitism
across the globe.
We cannot waste any more time. I urge my colleagues to
advance her nomination so she can lead the State Department's
efforts to improve the safety and security of at-risk Jewish
communities, promote accurate Holocaust education, and ensure
foreign leaders condemn antisemitic discourse.
Thank you.
The Chairman. Thank you, Senator Rosen. And I know that you
have a busy schedule so whenever you feel it appropriate you
are welcome to leave.
Senator Schumer is here, and I know he wants to speak and
introduce both Mr. Perry and Ms. Levine.
STATEMENT OF HON. CHARLES E. SCHUMER,
U.S. SENATOR FROM NEW YORK
Senator Schumer. Thank you very much to Chairman Menendez,
to Ranking Member Risch, and all the members of the SFRC, this
great committee, for the opportunity to introduce two really
outstanding nominees this morning.
It is my honor to introduce a proud New Yorker, a dear and
longtime friend--we have known each other for 30 years--and
fellow Brooklynite, Nick Perry, to serve as the next U.S.
Ambassador to Jamaica.
I worked hard to make sure President Biden named Nick for
this post and I am glad to finally be here introducing him to
the committee. He is here with his wife, Joyce, his son,
Nickolas, and he has one granddaughter, Justine Skye, who is a
famous recording artist, so she could not be here today, but
made good. Local girl made good.
Now, whether I am back home in Brooklyn--whenever I am back
home in Brooklyn, particularly at the West Indian Day Parade, I
ask folks, what is the biggest island in the Caribbean? I tell
them it is a trick question.
Some people say Haiti. Some people say Cuba. Some people
say Barbados. I say no, it is Brooklyn. We have more Caribbean
immigrants than anywhere else, and it is a great and wonderful,
hard-working community, climbing up that ladder and being part
of the American dream.
And this makes Nick Perry not only an outstanding nominee
because of his qualifications and who he is, but an exceedingly
fitting nominee to serve as our next Ambassador to Jamaica.
He is a native of the island, and Nick Perry would be the
first ever--the first ever Jamaican-born person to serve as its
American Ambassador. It is, truly, an important milestone, one
that, I would add, is long overdue.
Back home, Assemblyman Perry is known--is a well-known face
in the community. He has a knack for doing politics the old-
fashioned way, shaking hands, showing up at every event, and
just listening to people from everyday life. Nick is an
immigrant, he is a veteran, and a longtime public servant, and
he represents the best of what America is all about.
I am certain that Nick will be a wonderful Ambassador to
Jamaica, and one other thing I would note--he has a beautiful
tenor voice, sort of like you, Mr. Chairman, and he is often
asked to sing the ``Star-Spangled Banner'' at a multitude of
events throughout Brooklyn and throughout New York.
It is also my great honor to introduce another great New
Yorker, Randi Charno Levine, nominated by President Biden to
serve as the next U.S. Ambassador to Portugal. I was proud to
urge the Biden administration to name Randi for this important
post and, when confirmed, she will become only the second woman
to head our diplomatic mission in Portugal.
I have known Randi and her husband, Jeff, who is right
there, for over 30 years, and Randi in particular has been one
of our city's top philanthropic forces for decades. Few have
advocated as passionately and tirelessly for New Yorkers as
Randi and Jeff have, and I am particularly grateful for the
work they have done in support of New York's Jewish
communities.
It has been a blessing to see firsthand their leadership,
their generosity, and most of all, their desire to bring people
together.
As chair of the Meridian Center for Cultural Diplomacy here
in Washington, Randi has been one of our country's best
leaders, promoting cultural exchanges between students,
diplomats, and businesses.
In other words, she has already advanced in a different
context the work any good ambassador must accomplish,
encouraging understanding between our country and those across
the world.
And as trustee for the New Museum in New York, Randi has
also worked with established and emerging artists from Peru to
Italy to Portugal and more, lifting up the voices of women
artists and bringing their work to American audiences.
I have every bit of confidence that Randi will represent
the U.S. with distinction to Ambassador to Portugal, and I
thank the President for acting on my recommendation.
And one more point, Mr. Chairman, and thank you for your
indulgence. Though I am not introducing her this morning--I
know that Senator Rosen has--I want to recognize the nomination
of Professor Deborah Lipstadt to serve as the State
Department's Special Envoy to Monitor and Combat Antisemitism.
I am glad she is getting her confirmation hearing today.
The malicious poison of antisemitism must be confronted
whenever it rears its ugly head.
Sadly, we have seen a spike of antisemitism here at home
and around the world, making this post at the State Department
all the more urgent.
As one of the nation's top scholars on the Holocaust and on
modern-day antisemitism, Dr. Lipstadt ought to be confirmed as
soon as possible. We just saw a few more antisemitic incidents
in Williamsburg yesterday in New York.
I want to thank the committee for holding this hearing and
I want to congratulate her on her nomination.
Finally, I do not want to leave out since I have spoken on
three of the nominees--I would like to welcome the fourth,
Laura Dogu, the Ambassador to Honduras, a distinguished member
of our Foreign Service, and I thank her as well for her
service.
I thank you, Mr. Chairman, Mr. Ranking Member, for your
allowing me to welcome these guests.
The Chairman. Thank you, Mr. Leader, for those glowing
introductions and I know that you have an incredibly busy
schedule so you are welcome to depart when it feels
appropriate.
Let me turn to the nominees.
Let me welcome world-renowned scholar Deborah Lipstadt to
be considered as the first Special Envoy to Monitor and Combat
Antisemitism with the rank of Ambassador.
I am truly disappointed it took this long to schedule your
hearing, and I look forward to your swift confirmation.
I have received a number of letters in support of Dr.
Lipstadt's nomination, and I would ask unanimous consent that
they be entered into the record.
Without objection, so ordered.
[The information referred to is located at the end of this
transcript.]
]The Chairman. Antisemitism is rising across the world. We
see it inscribed in textbooks for children across the Middle
East, violent attacks on Jewish communities.
Antisemitism is rising across the world--the defacing of
religious buildings and graveyards. Every year more Jewish
people around the world, from Europe to Latin America to in my
home state of New Jersey, are increasingly fearful for their
safety.
History has taught us that rising antisemitism goes hand in
glove with authoritarianism, racism, and oppression, and I
believe you will be a huge asset to the department as it works
to combat this centuries-old scourge.
I am pleased to welcome Ambassador Laura Dogu, our nominee
for Honduras. Since 2014, the United States has intensified its
engagement with Honduras, along with its neighbors, El
Salvador, and Guatemala, to address the security challenges,
low levels of democratic governance, and high levels of extreme
poverty that drive irregular migration.
During this period, I have repeatedly urged that we use our
foreign assistance to make significant investments in the rule
of law in Central America and increase accountability for
elites involved in criminal activity. I welcome the Biden
administration's focus on these issues.
Given repeated natural disasters, endemic levels of
criminal violence in Honduran society, and the impact of COVID-
19 pandemic, I have also led calls for the Administration to
re-designate Honduras for temporary protective status.
I look forward to hearing our nominee's assessment of
country conditions in Honduras and how the United States can
best address ongoing governance challenges.
I am also pleased to welcome New York Assemblyman Nick
Perry, the President's nominee to be our next ambassador to
Jamaica. Jamaica is a key U.S. political and security partner
in the Caribbean as well as in the Organization of American
States.
We know that COVID-19 has hit Jamaica and its economy
especially hard, and I look forward to hearing from our nominee
how the United States can support pandemic recovery efforts.
Additionally, given major investments by China in Jamaica,
I look forward to hearing from our nominee about the risks to
U.S. national interests and how we can strengthen relations
with our neighbor.
Finally, let me welcome Ms. Levine to the committee.
Congratulations on your nomination. Portugal is an important
friend and ally of the United States, and as I am sure you
know--I think we had a conversation yesterday which I enjoyed
your visit--we have a robust Portuguese-American community in
New Jersey, whose contributions to our state are immeasurable.
Portugal's role in NATO is essential to transatlantic
security, including through its leadership of Baltic Air
Policing missions. Portugal hosts the naval striking and
support forces at NATO headquarters, and the U.S. 65th Air Base
group at Lajes Air Base.
The U.S. is Portugal's largest non-EU trading partner, and
our trade and investment relationship continues to grow.
I look forward to your swift arrival in Lisbon to continue
to bolster our strong relationship with a key partner and ally.
Let me turn to for this hearing--the distinguished ranking
member of the Western Hemisphere Subcommittee has had a coup
and Senator Risch has actually graciously conceded to him
presiding over this hearing.
Senator Rubio?
STATEMENT OF HON. MARCO RUBIO,
U.S. SENATOR FROM FLORIDA
Senator Rubio. Anytime two Cubans are in charge of
anything, it is usually called a conspiracy. But I appreciate
the opportunity to share the co-chair to be the ranking member
on this today.
Thank you all for being here. I am very happy to see the
President has made these nominations to Honduras and to
Jamaica. Senators Menendez and Kaine and myself sent a letter
urging that he nominate qualified individuals throughout the
Western Hemisphere.
These are two important posts. Starting with Honduras, the
pandemic put more than 400,000 Hondurans out of work, and then
two hurricanes that caused almost $2 billion in damages to a
country that really could not afford it.
And then on top of that, the energy sector is actually one
of the least efficient in the entire region. I think it costs
them about $450 million dollars annually with 29 percent of
energy produced lost in the transmission. It is a very serious
problem.
They have a new government, and I hope that this new
government will take the opportunity to implement common sense
reforms that will make it a place that is more amenable to
foreign investment.
Those things, I think, could end up resulting in things
like nearshoring of U.S. supply chains, which we talk about
that all the time.
Why are most things--if more things were being made in
nations like Honduras closer to our country we would have a
more secure supply chain, and we would be less reliant on
disruptions coming from other regions of the world.
I hope the new president will follow that path and not the
example that was set by her husband when he was the president
and cozied up to Chavez in Venezuela and Raul Castro in Cuba,
and I am concerned that she has openly suggested the idea of
perhaps switching recognition from Taiwan to the People's
Republic of China.
Ambassador Dogu, if you are confirmed, I hope you will use
your extensive previous diplomatic experience including very
difficult places like Nicaragua to help make clear and have
influence over the new Honduran Government as it seeks to
navigate these challenges and in particular that we emphasize
how important it is that that recognition of Taiwan not be
switched.
When it comes to Jamaica, it is the largest English-
speaking nation in the Caribbean. It has very strong cultural,
historical, economic ties to this country and particularly to
south Florida.
We have a very robust Jamaican-American and Jamaican expat
community that does business in our state but remains citizens
of Jamaica and they are undergoing a pretty ambitious reform
program under Prime Minister Holness. Their public debt fell
below 100 percent in GDP for the first time. Very impressive.
The United States is their largest trading partner and that
does include companies that now provide products that form the
very basis of exactly the kind of sustainable and secure supply
chains we need more of.
They have a very strong economic relationship with the
United States with my home state, but they are suffering the
consequences of the illegal drug crisis that we are facing in
this country.
Its location geographically makes it ripe for drug
trafficking, and they have been a very strong partner. Jamaica
has been a very strong partner in countering these drug
trafficking networks and, obviously, we should continue to do
more to bolster their capabilities to do that.
If confirmed, Assemblyman Perry, I hope you will build on
your experience, not just in the legislature but also your deep
ties to Jamaica, to help foster and continue to build on that
U.S.-Jamaica partnership.
When it comes to Portugal, it is, obviously, a NATO ally
and actually one that has really done quite a bit. They
contributed significantly towards the operations in
Afghanistan, the Baltic Air Policing mission, Rapid Reaction
and Naval Strike Force.
And so if you are confirmed, you are overseeing a very
important relationship for the United States at a very tense
time, obviously, when it comes to NATO and recent and ongoing
events in Ukraine.
And, finally, Dr. Lipstadt is the nominee to be the U.S.
Special Envoy to Monitor and Combat Antisemitism. I believe you
will be the first person nominated to this position since my
Special Envoy to Monitor and Combat Antisemitism Act became law
in January of 2021, which made this position subject to Senate
confirmation.
And my intent when I authored that law was to ensure that
the Special Envoy would be a nonpartisan figure to develop and
implement the department's policies to address the evil
poison--the ancient and evil poison of antisemitism around the
world.
And so you, clearly, bring considerable experience and
breadth and scope of experience on Holocaust matters, on
history. Authored numerous books and countless articles on the
topic, both on the Holocaust and antisemitism, and I am really
eager to learn how, if you are confirmed, you intend to
continue our traditional nonpartisan approach to America's
antisemitism policy, because I truly believe it is one that is
shared by the overwhelming majority of people in American
politics and American Government and in America.
And I would like to note, if I can, Mr. Chairman, my
colleague, Senator Lankford, provided a statement regarding
this nomination and I ask that it be included in the record.
The Chairman. Without objection.
[The information referred to is located at the end of this
transcript.]
]Senator Rubio. And with that, I want to thank all of you
for being here today and for your willingness to serve your
country. Thank you.
The Chairman. Senator Risch, the ranking member of the full
committee?
STATEMENT OF HON. JAMES E. RISCH,
U.S. SENATOR FROM IDAHO
Senator Risch. Thank you, Mr. Chairman.
I want to thank Senator Rubio for agreeing to preside as
ranking member on this because of the important matters
regarding the Western Hemisphere and because the ranking member
on the subcommittee often has deep knowledge of this.
In addition, we have the other nominations here: Portugal,
which is very important, as both of you have pointed out, and
then Ms. Lipstadt, whose nomination is very important. Senator
Rubio mentioned how his bill that provided for this special
envoy is warmly received by this committee.
This committee is strongly committed to fighting
antisemitism, each and every member thereof. I am not aware of
anyone who has any weakness whatsoever on this issue. I know
there was some grumbling about how quickly Ms. Lipstadt's
nomination went forward.
This is a learning moment for people who want to be
appointed to something that requires Senate nomination. That
is, whenever an appointee has made remarks publicly regarding a
member, particularly of the Senate committee that is under
jurisdiction, it always draws and should draw more scrutiny and
more vetting than usual inasmuch as our job of advice and
consent is very important.
I think this is going to become abundantly clear in a few
moments when Senator Johnson has a few words to say on this
particular subject.
Again, thank you, and thank you, Senator Rubio. It would be
nice if you would return the favor occasionally and let me be
ranking member on the Intelligence Committee, particularly, if
we hold a hearing on unidentified flying objects, since, as you
know, I am deeply committed to that issue.
Thank you very much.
Senator Rubio. Now he has gone too far, but----
[Laughter.]
The Chairman. All right. Thank you, Senator Risch.
We will turn to our nominees for their statements. We ask
you to summarize them in about five minutes or so so the
committee can engage in a conversation with you. Your full
statements will be included in the record, without objection.
And we will start with Dr. Lipstadt and just go down the
roster. Thank you.
STATEMENT OF DR. DEBORAH E. LIPSTADT OF GEORGIA, NOMINATED TO
BE SPECIAL ENVOY TO MONITOR AND COMBAT ANTI-SEMITISM, WITH THE
RANK OF AMBASSADOR
Ms. Lipstadt. Chairman Menendez, Ranking Member, and
distinguished members of the committee, thank you, Senators.
Being here is one of the great honors and great surprises
of my life. I am nominated for a rather unusual ambassadorship.
With your permission, I begin with something rather unusual, a
Hebrew blessing.
Barukh atah Adonai, matir assurim.--``Blessed are you G-d,
who frees the captives.''
This blessing was recited by Jews worldwide when we heard
of the escape from the Colleyville synagogue of the resourceful
and brave captives.
Many of us fearing the worst sat suspended over the void
with another blessing at the ready.
Barukh dayan emet.--``Blessed is the merciful judge,'' the
blessing Jews traditionally recite upon hearing of a death,
particularly, an untimely tragic one.
Senators, this was no isolated incident. Increasingly, Jews
have been singled out for slander, violence, and terrorism.
Today's rise in antisemitism is staggering. We witness a
surge less than eight decades after one out of every three Jews
on Earth was murdered. Often in their long history, Jews have
felt abandoned, but then is not now, certainly, not in the
United States.
Today, the American Government recognizes Jew hatred as a
serious global challenge. I sit here because the United States
in a bipartisan--the United States Senate in a bipartisan
effort takes this problem seriously enough to create, fund, and
now elevate this position to an ambassadorship.
Senators, I have taught about antisemitism for 40 years. I
have written seven books and countless articles. I have
designed museum exhibits, including at the United States
Holocaust Memorial Museum.
I have lectured at universities from Germany to the
Vatican's Pontifical Institute. But I have not stayed in the
academies' ivory tower. I have confronted real-world
antisemitism. I cite three life-changing moments.
In 1972 as a young graduate student, I visited the Soviet
Union to meet refuseniks, the Soviet Jews whose applications to
leave the USSR were rejected by Moscow. They lost their jobs,
their families were harassed, their children bullied. I
anticipated finding people cowering in fear. I did not.
Senators, though Soviet Jews were the bravest, most
resolute people I have met. They spoke truth to tyranny and
were profoundly liberated by so doing.
I went to strengthen their Jewish identity and their fight
for freedom. I left strengthened by them and acutely aware of
democracy's precious gift.
A second episode. In 1996, I was sued for libel for
describing the world's leading Holocaust denier as a fraud,
racist, and anti-Semite. He sued me in the U.K., hoping to
exploit Britain's more lenient libel laws.
The grueling six-year legal battle resulted in a resounding
verdict in my favor and against antisemitism. Yet, for the 10
weeks of the trial, I listened in a London courtroom to a
Hitler apologist spew Holocaust denial, antisemitism, and
racism.
And, finally, a more recent episode. In 2021, I was an
expert witness at the Charlottesville civil suit against the
organizers of the vile August 2017 demonstration. For those
extremists who came to Charlottesville ready to do battle, neo-
Nazism, racism, and antisemitism are intimately intertwined.
Senators, as these episodes suggest, Jew hatred can be
found across the entire political spectrum. One finds it among
Christians, Muslims, atheists, and sadly, even a handful of
Jews. One finds it in Europe, the Middle East, Latin America,
and even in countries with no Jews.
I am an equal opportunity foe of antisemitism. Unless one
is willing to fight Jew hatred wherever one finds it, one
should not be a nominee for this position.
My parents were immigrants to this exceptional republic,
and they embedded in their children a love for country, a rock-
solid Jewish identity, and the belief that we could achieve
great things.
But they, certainly, never imagined that one of their
children could be nominated for an ambassadorship, one that
speaks of our republic's determination to confront a hatred
that defies our founding ideals.
Senators, I am blessed with a job at a university--a job I
love at a university I revere with inspiring students. This
role, if I am honored by confirmation, will be difficult and
demanding.
When first asked to apply for it, I told a friend I would
not. But she said, you could make a difference.
Senators, if confirmed, I shall fight antisemitism
worldwide without fear or favor and with that one goal
emblazoned before me, to make a difference.
Finally, if confirmed, I pledge to make myself available to
this committee, its members and staff, to seek advice and
guidance wherever appropriate.
Mr. Chairman and Ranking Member, thank you for your time
and your consideration. Thank you for this great honor. I look
forward to your questions.
[The prepared statement of Ms. Lipstadt follows:]
Prepared Statement of Deborah E. Lipstadt
Chairman Menendez, Ranking Member, and distinguished members of the
committee, Thank you, Senators. Being here is one of the great honors--
and great surprises--of my life. I am nominated for a rather unusual
ambassadorship, so with your permission, I'd like to open with
something unusual:
A Hebrew blessing--Barukh ata Adonai, matir assurim. Blessed are
you G-d, who frees the captives.
This blessing was recited by Jews worldwide when we heard of the
escape from the Colleyville, Texas, synagogue of the resourceful and
incredibly brave captives.
Many of us, fearing the worst, sat suspended over the void with
another blessing at the ready: Barukh dayan emet, Blessed is the
merciful judge, the blessing Jews traditionally recite upon hearing of
a death, particularly an untimely, tragic one.
Senators, this was no isolated incident. Increasingly, Jews have
been singled out for slander, violence and terrorism.
Today's rise in antisemitism is staggering. It is especially
alarming that we witness such a surge less than eight decades after one
out of three Jews on Earth was murdered.
Often, in their long history Jews have felt abandoned. But then is
not now, certainly not in the United States.
Today the American Government recognizes Jew-hatred as a serious
global challenge. I sit here because, the United States Senate, in a
bipartisan effort led by Senators Rosen and Lankford, takes this
problem seriously enough to create, fund, and now, elevate this
position to an Ambassadorship.
Senators, I have taught about antisemitism for 40 years. I have
written seven books and countless articles about it. I have designed
museum exhibits, including at the United States Holocaust Memorial
Museum. I have lectured at universities from Germany to the Vatican's
Pontifical Institute.
But I haven't stayed in the academy's Ivory Tower. I have
repeatedly confronted real world antisemitism. I cite three life-
changing moments.
In 1972, when I was a young graduate student, I visited the Soviet
Union to meet Refuseniks, the Soviet Jews whose applications to
leave the USSR for Israel or the United States were rejected by
Moscow. They lost their jobs; their families were harassed;
their children were bullied.
I anticipated finding people cowering in fear. I did not.
Senators, those Soviet Jews were the bravest, most resolute
people I've met. They spoke truth to tyranny and were
profoundly liberated by so doing. I went to strengthen their
Jewish identity and their fight for freedom. I left
strengthened by them and acutely aware of democracy's precious
gift.
Let me share a second episode. In 1996, I was sued for libel for
accurately describing the world's leading Holocaust denier as a
fraud, racist, and antisemite. He sued me in the U.K., hoping
to exploit Britain's more lenient libel laws. The grueling six-
year legal battle resulted in a resounding verdict in my favor
and against antisemitism. Yet for the ten weeks of the trial, I
sat in a London courtroom, listening to a Hitler apologist spew
Holocaust denial, antisemitism, and racism.
And finally, a more recent episode. In 2021, I was an expert
witness at the Charlottesville civil suit against the
organizers of the vile August 2017 demonstration. For those
extremists, who came to Charlottesville ready to do battle,
neo-Nazism, racism and antisemitism are intimately intertwined.
Senators, as those episodes suggest, Jew-hatred can be found across
the entire political spectrum.. One finds it among Christians, Muslims,
atheists, and, sadly, even a handful of Jews; in Europe, the Middle
East, Latin America, and even in countries with no Jews.
I am an equal-opportunity foe of antisemitism. Unless one is
willing to fight Jew-hatred wherever one finds it, one should not be a
nominee for this position.
My parents were immigrants to this exceptional republic. And they
embedded in their children a love for country, a rock-solid Jewish
identity, and the belief that we could achieve great things.
But they certainly never imagined that one of their children could
be nominated for an ambassadorship--and one that speaks of our
republic's determination to confront a hatred that defies our founding
ideals.
Senators, I am blessed with a job I love, at a university I revere,
with inspiring students. This new role, if I am honored by
confirmation, will be difficult and demanding. When I was first asked
to apply for it, I told an old friend that I doubted I would. Without
hesitation, she said, ``But you could make a difference.''
Senators, if confirmed, I shall fight antisemitism worldwide,
without fear or favor and with that one goal emblazoned before me: to
make a difference.
Finally, if confirmed, I pledge to make myself available to this
committee, its members, and staff to seek advice and guidance wherever
appropriate.
Mr. Chairman and Ranking Member, thank you for your time and your
consideration. Thank you for this great honor. I look forward to your
questions.
The Chairman. Thank you, Dr. Lipstadt, for a very powerful
statement.
Ambassador Dogu?
STATEMENT OF HON. LAURA FARNSWORTH DOGU OF TEXAS, A CAREER
MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF CAREER MINISTER,
NOMINATED TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF
THE UNITED STATES OF AMERICA TO THE REPUBLIC OF HONDURAS
Ms. Dogu. Chairman Menendez, Ranking Member Rubio,
distinguished members of the committee, it is an honor to
appear before you today as President Biden's nominee to be the
U.S. Ambassador to the Republic of Honduras.
If confirmed, I look forward to working with you to advance
our Nation's interests alongside Honduras' first woman
president in its 200-year history.
During a public service career that has taken me around the
world, including to Nicaragua as the U.S. Ambassador, I have
leaned on my family for support.
My late husband and I raised two sons who are both serving
our Nation, one with two combat tours in Afghanistan with the
75th Ranger Regiment, and the other on the frontlines of our
nation's defense with the 82nd Airborne Division.
Unfortunately, their military duties did not allow them to
be here today, but I am very proud of their service to our
nation and I know they are supporting me remotely.
The United States has a strong and multifaceted partnership
with Honduras. As Assistant Secretary Nichols testified, too
many ordinary citizens in the region's democracies saw their
governments failing to meet their expectations and aspirations
for a better future.
Corruption remained rampant. Economies grew, but so did
inequality. Crime and insecurity took too many lives and
stymied the region's development.
But the citizens of Honduras confronted these challenges
and demonstrated their belief in democracy by voting in
historic numbers on November 28th.
If confirmed, I will work with the U.S. Congress and
interagency, the Honduran Government and people, international
partners, civil society, and the private sector to promote a
democratic Honduras, a Honduras with transparent institutions
that fight corruption, narcotics trafficking, and organized
crime, to enhance security and address the root causes of
migration, including through promoting human rights.
I will work with these same diverse partners to reactivate
the economy, enhance climate resilience, and respond to the
COVID-19 pandemic.
The U.S. Government supports the new president's plans to
reduce corruption, including through internationally supported
mechanisms.
Through DOD, DEA, and State's INL program, the embassy
works to improve Honduras' ability to interdict drugs and
disrupt drug trafficking and other transnational criminal
networks. The new administration's focus on citizen security
presents an opportunity to cooperate with the highest levels of
Government in Honduras on this issue.
Honduras also works with the United States, including the
Department of Homeland Security, to address irregular
migration. Its efforts have included expanded document checks
in checkpoints, strengthened reintegration services for minors
and families to deter recidivism, and acceptance of direct
flights of migrants expelled from the United States under Title
42.
Hondurans remain among the largest group of Central
Americans apprehended at the U.S. border, partially due to a
lack of economic opportunity at home. One of the poorest
countries in the hemisphere based on per capita GDP, Honduras
struggles to attract investment. A low-skilled labor force,
endemic corruption, and unpredictable regulations in judiciary
complicate Honduras' efforts to become an investment
destination.
In addition to a 9 percent GDP contraction during the
pandemic, two hurricanes hit the Sula Valley in November of
2020, destroying agricultural and manufacturing centers.
Our colleagues at U.S. Southern Command, Soto Cano Airbase,
and USAID responded to address immediate survival needs. But
food insecurity reached crisis levels in Honduras, prompting
the embassy to declare emergencies in 2021 and 2022.
These hurricanes and an ongoing drought highlight the need
for climate resilient infrastructure and industries. The U.S.
Army Corps of Engineers conducted studies to help with recovery
in the Sula Valley.
If confirmed, I look forward to advancing a U.S. Government
wide approach to help Honduras during its reconstruction and
economic recovery.
Honduras faces many challenges on human rights and gender-
based violence, issues that appear in the pillars of the U.S.
strategy to address the root causes of migration, and we have
committed to helping Hondurans address these issues.
Prior to the COVID-19 pandemic, the two countries held a
high-level Human Rights Working Group, which I look forward to
resuming within the context of a new bilateral strategic
dialogue that will launch in April.
We promote Taiwan as a valuable partner, and I will make
clear the importance of a Honduras-Taiwan relationship and do
all I can to enhance Honduras' partnerships with other
democracies.
In conclusion, if confirmed, I look forward to leading our
team of professionals at the U.S. Embassy in Tegucigalpa. My
highest priorities will be to protect U.S. citizens and
champion the interests of the United States in cooperation with
our partners in Honduras.
Thank you very much for the opportunity to appear here
today before you. If confirmed, I look forward to working very
closely with this committee, and I am happy to answer your
questions.
Thank you.
[The prepared statement of Ms. Dogu follows:]
Prepared Statement of Laura Farnsworth Dogu
Chairman Menendez, Ranking Member, distinguished members of the
committee, it is an honor to appear before you today as President
Biden's nominee to be the U.S. Ambassador to the Republic of Honduras.
If confirmed, I look forward to working with you to advance our
nation's interests as the U.S. Ambassador to Honduras alongside the
country's first woman president in its 200-year history.
During a public service career that has taken me around the world,
including to Nicaragua as Ambassador, I have leaned on my family for
their support.
My late husband and I raised two sons who both serve our nation--
one with two combat tours in Afghanistan with the 75th Ranger Regiment
and the other on the front lines of our nation's defense with the 82nd
Airborne Division.
The United States has a strong and multifaceted partnership with
Honduras. As Assistant Secretary Nichols testified, ``too many ordinary
citizens in the region's democracies saw their governments failing to
meet their expectations and aspirations for a better future. Corruption
remained rampant. Economies grew but so did inequality. Crime and
insecurity took too many lives and stymied the region's development.''
The citizens of Honduras confronted these challenges and demonstrated
their belief in democracy by voting in historic numbers on November 28.
If confirmed, I will work with the U.S. Congress and interagency,
the Honduran Government, international partners, civil society, and the
private sector to promote a democratic Honduras with transparent
institutions that fight corruption, narcotics trafficking, and
organized crime to enhance security and address the root causes of
migration, including through promoting human rights. I will work with
those same diverse partners to reactivate the economy, enhance climate
resilience, and respond to the COVID-19 pandemic using all available
tools, including the new Strategic Dialogue.
The U.S. Government supports the new Honduran president's efforts
to expand Honduran Government efforts to reduce corruption, including
through internationally-supported mechanisms. If confirmed, I will
prioritize U.S. cooperation on those efforts.
Through DOD, DEA, and State's INL programs, the Embassy works to
improve Honduras' ability to interdict drugs and disrupt drug
trafficking and other transnational criminal networks. Honduras seized
17.8 metric tons of cocaine in 2021, up from 3.4 metric tons in 2020.
The new administration's focus on citizen security presents an
opportunity to cooperate with the highest levels of government in
Honduras on this issue.
Honduras works with the United States, including DHS, to address
irregular migration. Its efforts have included expanded document checks
and checkpoints, strengthened reintegration services for minors and
families to deter recidivism, and acceptance of direct flights of
migrants expelled from the United States under Title 42. Hondurans
remain among the largest groups of Central Americans apprehended at the
U.S. border, partially due to lack of economic opportunity at home.
The fourth poorest country in the hemisphere based on per capita
GDP, Honduras struggles to attract investment. A low-skilled labor
force, endemic corruption, and unpredictable regulations and judiciary
complicate Honduras' efforts to become an investment destination.
Poverty, corruption, and economic stagnation contribute to emigration.
In addition to a 9 percent GDP contraction during the pandemic, two
hurricanes hit the Sula Valley in November 2020, destroying
agricultural and manufacturing centers. Our colleagues at U.S. Southern
Command, Soto Cano Air Base, and USAID responded to address immediate
survival needs. Food insecurity reached crisis levels in Honduras,
prompting the U.S. embassy to declare emergencies in 2021 and 2022.
These hurricanes and an ongoing drought highlight the need for
climate resilient infrastructure and industries. The U.S. Army Corps of
Engineers conducted studies to help with recovery in the Sula Valley.
If confirmed, I look forward to advancing a U.S. Government-wide
approach to help Honduras during its reconstruction and economic
recovery.
Honduras faces many challenges on human rights, an issue that
appears in the pillars of the U.S. Strategy to Address the Root Causes
of Migration, and we have committed to helping Hondurans address these
issues. Prior to the COVID-19 pandemic, the State Department and
Honduras held a high-level Bilateral Human Rights Working Group, which
I look forward to resuming with the new government, if confirmed,
within the context of the new Strategic Dialogue that will launch in
April. U.S. embassy officials attend, when possible, human rights-
related trials. Gender-based violence remains highly prevalent in
Honduras. The latest U.N. femicide data show Honduras has the highest
rate in Latin America with 6.2 per 100,000.
We promote Taiwan as a valuable partner. If confirmed, I will make
clear the importance of the Honduras-Taiwan relationship and do all I
can to enhance Honduras' partnerships with other democracies. We see an
opportunity to align U.S. investment and development priorities with
key democratic partners to help Honduras succeed.
In conclusion, if confirmed, I look forward to leading our Embassy
in Tegucigalpa. My highest priorities will be to protect U.S. citizens
and champion the interests of the United States in cooperation with our
partners in Honduras.
Thank you for the opportunity to appear here today. If confirmed, I
look forward to working closely with this committee. I'm happy to
answer your questions.
The Chairman. Thank you very much, Ambassador.
Ms. Levine?
STATEMENT OF RANDI CHARNO LEVINE OF NEW YORK, NOMINATED TO BE
AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED
STATES OF AMERICA TO THE PORTUGUESE REPUBLIC
Ms. Levine. Thank you, Chairman, Ranking Member, and
distinguished members of the committee.
Thank you for the opportunity to appear before you today as
President Biden's nominee to be the United States Ambassador to
the Portuguese Republic.
I am deeply honored to be considered for this position and
I am grateful to President Biden and Secretary Blinken for the
confidence that they have placed in me.
I pledge to do my very best to represent our great country
and to lead the U.S. Mission to one of our most reliable
European partners.
Thanks to Senator Schumer for his gracious introduction. I
remember getting a call from him in the car on the way to our
son's Bar Mitzvah--he is 37 today--and he said, Ben, you are a
lucky boy. Your parents have worked hard to get you here so
make them proud. And indeed, our children have made us so
proud.
Ben and his wife, Zoe, our daughter, Jessica, and her
husband, Evan, our daughter, Dara, and her husband, Jonathan,
and our most precious treasures watching today, our
grandchildren, Eli and Orly.
My husband, Jeff, is with me here today. He has been my
partner and my rock for more than 40 years. We are proof that
the American dream is alive and well.
Jeff's parents, Irene and Irving, a cab driver, raised
their four children in public housing in Brooklyn. My mother,
Wendy, was an elementary school teacher and my father, Eddy
Charno, owned a pharmacy in Greenpoint, Brooklyn, down the
block from where his father, Joe, lived and worked when he
emigrated here from Poland in the 1900s.
The Charno family has always believed in the importance of
serving the community, and a street in Brooklyn was renamed
Charno Way to commemorate this history.
My nomination as Ambassador follows our family's long-
standing commitment to service and would bring them so much
pride and joy.
My road to public service was paved by the arts. I am a
passionate arts advocate and supporter of using cultural
exchanges to advance diplomacy.
If confirmed, I will draw upon my extensive work at
Smithsonian's National Portrait Gallery and the Meridian Center
for Cultural Diplomacy to build partnerships that will advance
American interests and enrich our bilateral relationship.
Portugal has been a strong U.S. partner for more than 200
years and was among the first countries to recognize U.S.
independence. It is home to the longest continuously operating
U.S. consulate at the Azores. Our partnership is built on
shared values, a commitment to human rights, to democracy, and
to the rule of law.
As a founding member of NATO, Portugal is an essential
player in strengthening our transatlantic relationships and
defending against malign influences in the region.
Portugal is also a notable partner in global defense. It
deploys thousands of troops overseas each year to NATO, the EU,
the U.N. and international peacekeeping efforts including the
global coalition to defeat ISIS.
Portugal hosts, proudly, the U.S. Air Force's 65th airbase
group at Lajes Field in the Azores, an important outpost for
transatlantic peace and security.
And Portugal's collaboration with the Lusophone African
countries offers the transatlantic alliance the opportunity to
enhance regional security and promote prosperity in the South
Atlantic.
If confirmed, Senators, I will have three priorities. My
top priority will always be the safety and security of
Americans in Portugal, including the outstanding personnel and
family members of Embassy Lisbon and our consulate at the
Azores. I will also work to enhance bilateral and regional
security efforts.
Second, I will work to deepen our bilateral economic ties.
Bilateral trade and goods between our two countries reached
$4.6 billion in 2020. The United States is Portugal's largest
trading partner outside of the EU. Portuguese investment in the
United States is significant, particularly in tech and in
renewable energy projects.
Third, I will collaborate with the Portuguese to address
shared existential challenges, including fighting climate
change and combating COVID-19. I will also work closely with
Portugal to address any significant challenges that the
People's Republic of China poses to our national security and
to align efforts to deter Russia's destabilizing activities.
If confirmed, I look forward to working with you, this
committee, to strengthen our partnership with Portugal and to
advance U.S. interests.
Thank you for allowing me to testify, and I look forward to
your questions.
[The prepared statement of Ms. Levine follows:]
Prepared Statement of Randi Levine
Chairman Menendez, Ranking Member, and distinguished members of the
committee, thank you for the opportunity to appear before you today as
President Biden's nominee to be the U.S. Ambassador to the Portuguese
Republic.
I am deeply honored to be considered for this position. I am
grateful to President Biden and Secretary Blinken for the confidence
they have placed in me. If confirmed, I pledge to do my very best to
serve our great country and to lead the U.S. Mission to one of our most
reliable European partners.
Thank you, Senator Schumer, for your gracious introduction. I
remember getting a call from you on our way to our son Ben's Bar
Mitzvah years ago. You said: ``Ben, you are a lucky boy! Your parents
have worked hard to get you here, so make them proud.''
Our children have indeed made us proud: Ben and his wife Zoe, our
daughter Jessica and her husband Evan, our daughter Dara and her
husband Jonathan, and our most precious treasures, our grandchildren
Eli and Orly.
My husband, Jeff, is with me here today. He has been my partner and
rock for more than 40 years. We are proof that the American dream is
alive and well. Jeff's parents Irene and Irving, a cab driver, raised
their four children in public housing in Brooklyn. My mother Wendy was
an elementary school teacher and my father, Eddy Charno, owned a
pharmacy in Greenpoint, Brooklyn down the block from where his father
Joe lived and worked when he emigrated from Poland in the early 1900s.
The Charno family has always believed in the importance of serving
the community. A street in Brooklyn was renamed Charno Way to
commemorate this history. My nomination as Ambassador follows our
family's longstanding commitment to service and would bring them so
much pride and joy.
My road to public service was paved by the arts. I am a passionate
arts advocate and supporter of using cultural exchanges to advance
diplomacy. If confirmed, I will draw upon my extensive work at the
Smithsonian's National Portrait Gallery and the Meridian Center for
Cultural Diplomacy to build partnerships that will advance American
interests and enrich our bilateral relationship.
Portugal has been a strong U.S. partner for more than 200 years and
was among the first countries to recognize U.S. independence. It is
home to the longest continuously operating U.S. consulate in the
Azores. Our partnership is built on shared values: a commitment to
human rights, democracy, and the rule of law.
As a founding member of NATO, Portugal is an essential player in
strengthening our transatlantic relationships and defending against
malign influences in the region.
Portugal is also a notable partner in global defense. It deploys
thousands of troops overseas each year to NATO, the EU, the U.N., and
international peacekeeping efforts, including the Global Coalition to
Defeat ISIS. Portugal hosts the U.S. Air Force's 65th Air Base Group at
Lajes Field in the Azores, an important outpost for transatlantic peace
and security.
Portugal's collaboration with the Lusophone African countries
offers the transatlantic alliance an opportunity to enhance regional
security and promote mutual prosperity in the South Atlantic.
If confirmed, I will have three priorities:
My top priority will be the safety and security of Americans in
Portugal, including the outstanding personnel and family
members of Embassy Lisbon and our Consulate in the Azores. I
will also work to enhance bilateral and regional security
efforts.
Second, I will work to deepen our bilateral economic ties.
Bilateral trade in goods between our two countries reached $4.6
billion in 2020. The United States is Portugal's largest
trading partner outside of the EU. Portuguese investment in the
United States is significant, particularly in tech and
renewable energy projects.
Third, I will collaborate with the Portuguese to address shared
existential challenges, including fighting climate change and
combating COVID-19. I will also work closely with Portugal to
address any significant challenges that the People's Republic
of China poses to our national security and align efforts to
deter Russia's destabilizing activities.
If confirmed, I look forward to working closely with this committee
to strengthen our partnerships with Portugal and advance U.S.
interests.
Thank you for the opportunity to testify today. I look forward to
your questions.
The Chairman. Thank you.
Mr. Perry?
STATEMENT OF HON. N. NICKOLAS PERRY OF NEW YORK, NOMINATED TO
BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED
STATES OF AMERICA TO JAMAICA
Mr. Perry. Mr. Chairman, Ranking Member, and distinguished
members of the committee, thank you for the opportunity to
testify before you today.
I am honored to appear before you as President Biden's
nominee to serve as the United States Ambassador to Jamaica.
I would like to take this opportunity to thank Senate
Majority Leader Schumer for his recommendation to the
President, for his steadfast support, and for taking some time
to introduce me today.
I also express my appreciation for the encouragement I have
received from others in New York's congressional delegation.
I am grateful to appear before you today accompanied by my
wife, Joyce, and my son, Nickolas Alexander. My daughter,
Novalie, and granddaughter, Justine, are not here, but I am
assured of their full support.
This continuation of my lifelong journey of public service
is deeply personal to me. I was born and raised in Jamaica in a
family of 11 children. After attending and graduating from
secondary school, I worked for the Bustamante Industrial Trade
Union briefly before moving to the United States in the summer
of 1971.
My career in public service began soon after my arrival. I
volunteered for the Selective Service, was drafted into the
United States Army, and served for two years of active duty,
including a year-long deployment to South Korea and four years
on reserve status before being honorably discharged.
I attended Brooklyn College on the GI Bill, graduating with
a BA in political science, and later studied for a MA in public
policy and administration.
After college, I got involved with community organizing,
was appointed to a local community board, and eventually was
elected to five consecutive terms as chairman of that board.
As committee board chair, I concurrently served five
consecutive terms on the Brooklyn Bar board before being
elected to the New York State Assembly in 1992. I have since
served for nearly 30 years, and is currently the assistant
speaker pro tempore.
I have dedicated my career in public service working across
diverse communities to build consensus on issues of social
importance.
If confirmed, I believe my experience and perspective as a
state legislator for almost 30 years, complemented by my
background as an American who was born and raised in Jamaica
for the first 20 years of my life, could contribute positively
to strengthening the United States partnership with Jamaica.
As the safety and security of Americans abroad is the State
Department's top priority, if confirmed, I pledge to fulfill my
responsibilities to safeguard the welfare of all U.S. citizens,
including supporting the security of U.S. citizens living in or
traveling to Jamaica.
I pledge to also coordinate closely with U.S. law
enforcement agencies and Jamaican counterparts to address the
threats posed by transnational criminal organizations, drug
trafficking and human trafficking, including through the
Caribbean Basin Security Initiative.
The United States is leading the world in the fight against
COVID-19 by donating more vaccines than any other nation
combined. Recognizing the severe impact of the pandemic on
Jamaica, if confirmed, I will ensure we continue U.S. backing
to address Jamaica's COVID-19 public health-related challenges
and to help Jamaica recover from the economic impacts of the
pandemic.
As the world looks to create an equitable clean energy
future and millions of good paying jobs, if confirmed, I will
also work to support innovative U.S. engagement with Jamaica in
promoting renewable energy sources to help stabilize
electricity cost, promote a reliable, resilient, and low-carbon
power grid to assist the country's development.
Finally, if confirmed, I pledge to make myself available to
this committee, its members, and staff to seek your advice and
guidance where appropriate.
Mr. Chairman and Ranking Member, thank you for your time
and consideration. I look forward to your questions.
[The prepared statement of Mr. Perry follows:]
Prepared Statement of N. Nick Perry
Chairman Menendez, Ranking Member, and distinguished members of the
committee, Thank you for the opportunity to testify before this
committee today. I am honored to appear before you as President Biden's
nominee to serve as the United States Ambassador to Jamaica. I would
like to take this opportunity to thank Senate Majority Leader Schumer
for his steadfast support and express my appreciation for the
encouragement I have received from others within New York's
Congressional delegation. I am grateful to appear before you today
accompanied by my wife--Joyce; my children--Novalie and Nickolas
Alexander; and my granddaughter--Justine.
This continuation of my lifelong journey of public service is
deeply personal to me. I was born and raised in Jamaica in a family of
eleven children. After attending and graduating from secondary school,
I worked for the Bustamante Industrial Trade Union briefly before
moving to the United States in the summer of 1971. My career in public
service began soon after my arrival. I volunteered for the selective
service, was drafted into the U.S. Army, and served for two years of
active duty--including a yearlong deployment to South Korea--and four
years on reserve status before being honorably discharged. I attended
Brooklyn College on the G.I. Bill, graduating with a B.A. in Political
Science, and later studied for an M.A. in Public Policy and
Administration. After college, I got involved with community
organizing, was appointed to the local Community Board, and eventually
was elected to five consecutive terms as Chairman of that Board. As
Community Board Chair, I concurrently served five consecutive terms on
the
Brooklyn Borough Board before being elected to the New York State
Assembly in 1992, where I have served for nearly 30 years and currently
serve as the Assistant Speaker Pro Tempore.
I have dedicated my career in public service working across diverse
communities to build consensus on issues of social importance. If
confirmed, I believe my experience and perspective as a state
legislator for almost 30 years, complemented by my background as an
American who was born and raised in Jamaica for the first 20 years of
my life, could contribute positively to strengthening the United
States' partnership with Jamaica.
As the safety and security of Americans abroad is the State
Department's top priority, if confirmed, I pledge to fulfill my
responsibilities to safeguard the welfare of all U.S. citizens,
including supporting the security of U.S. citizens living in or
traveling to Jamaica. I pledge to also coordinate closely with U.S. law
enforcement agencies and Jamaican counterparts to address the threats
posed by transnational criminal organizations, drug trafficking, and
human trafficking, including through the Caribbean Basin Security
Initiative.
The United States is leading the world in the fight against COVID-
19 by donating more vaccines than all other countries combined.
Recognizing the severe impact of the pandemic on Jamaica, if confirmed,
I will ensure we continue U.S. backing to address Jamaica's COVID-19
public health related challenges, and to help Jamaica recover from the
economic impacts of the pandemic
As the world looks to create an equitable clean energy future and
millions of goodpaying jobs, if confirmed, I will also work to support
innovative U.S. engagement with Jamaica in promoting renewable energy
sources to help stabilize electricity costs and promote a reliable,
resilient, and low-carbon power grid to assist the country's
development.
Recognizing Jamaica's vulnerability to the effects of the climate
crisis, including extreme weather events like hurricanes, storms, and
flooding, I commit to continue working with Jamaica to strengthen its
preparedness for and resilience to such climate and severe weather
impacts.
I understand Jamaica has one of the highest rates of HIV in the
Caribbean. If confirmed, I will advance the President's Emergency Plan
for AIDS Relief (PEPFAR) and work with government and civil society to
support the timely diagnosis and treatment of persons living with HIV.
If confirmed, I will also work closely with the Jamaican Government
to promote and protect fundamental freedoms and human rights, including
for members of the LGBTQIA+ community and to combat gender-based
violence, and to make tangible progress in fighting trafficking in
persons.
Finally, if confirmed, I pledge to make myself available to this
committee, its members, and staff to seek your advice and guidance
where appropriate.
Mr. Chairman and Ranking Member, thank you for your time and your
consideration. I look forward to your questions.
The Chairman. Thank you all very much for your statements.
Before I start a round a five-minute questions, I have
questions that we ask on behalf of the committee as a whole,
and it goes to each nominee and I would just simply ask you for
a yes or no response.
These are questions that speak to the importance that this
committee places on responsiveness by all officials in the
executive branch and that we expect and will be seeking from
you.
Do you agree to appear before this committee and make
officials from your office available to the committee and
designated staff when invited?
[All witnesses answer in the affirmative.]
The Chairman. Okay. Do you commit to keep this committee
fully and currently informed about the activities under your
purview?
[All witnesses answer in the affirmative.]
The Chairman. Do you commit to engaging in meaningful
consultation while policies are being developed, not just
providing notification after the fact?
[All witnesses answer in the affirmative.]
The Chairman. And, finally, do you commit to promptly
responding to requests for briefings and information requested
by the committee and its designated staff?
[All witnesses answer in the affirmative.]
The Chairman. Thank you.
All of the nominees have responded yes to all the questions
and shall be recorded. The chair will reserve his time and turn
to Senator Rubio for his questions.
Senator Rubio. Let us begin with the Envoy to Monitor and
Combat Antisemitism. Let us just--as I think Senator Lankford
pointed out in his letter, this is a position that we want to
make sure is one that is represented as a nonpartisan one, that
the world knows that America is united on this and it gives us
the strength of our voice around the world, obviously, and I
want to give you a chance to address it.
As you know, you have answered questions and have in the
past addressed a series of social media posts and the like that
referenced members of the Republican Party, members of the
Senate, and the like and, clearly, as an American, you have the
absolute right. We do not believe in canceling anybody. People
have a right to speak out and express their views.
But I think you would understand how someone seeing that
would then be concerned that a position that is supposed to be
nonpartisan how could that be so if someone has expressed these
views in recent history.
I wanted to give you an opportunity to sort of address to
someone who is concerned about your ability to operate in a
nonpartisan way how do we reconcile that with very strong
opinions that you have expressed in the past about both
individuals in the Senate and also the Republican Party,
frankly?
Ms. Lipstadt. Thank you for the question, Senator Rubio,
and thank you for the chance to address that issue.
As I said in my opening statement, I am an equal
opportunity critic of anyone who says something or people--it
does not matter what end or even in the middle of the political
spectrum they may place themselves.
I, firmly, believe that those people who only see
antisemitism or any form of prejudice but, certainly,
antisemitism, on the other side of the political transom are
not really interested in fighting antisemitism.
They are weaponizing antisemitism and there is no excuse
for that at all. I have been critical and I acknowledge it. I
have also learned not to tweet in the middle of the night. Very
bad thing to do. And I have sometimes not been as nuanced in my
tweets as I would like.
But I think if you look at my criticism holistically, you
will see that I have been exceptionally critical of members of
the Democratic Party, of people on the end of the spectrum--
political spectrum--where I place myself.
I have written about Antifa, for instance, as a violent,
anti-democratic, self-serving and dangerous entity. I have
criticized specific members when I feel that they have said
something that can be construed or is antisemitic.
Finally, the last two points. A person's political
persuasions are irrelevant in the fight against antisemitism.
And the last point I want to make is when I am critical, I
am not critical of the person themselves, particularly if I do
not know the person or have had no contact with the person, but
of what they said and how that might be interpreted.
Senator Rubio. I wanted to ask about Amnesty International.
Their recent report--I am sure you are very familiar with it at
this point--I think it falsely--well, it does--it falsely
frames Israel as a singular evil among the nations of the
world.
Is that kind of language from an organization like that--
could that be something that helps to justify and foster
antisemitic attacks against Jews across the globe?
Ms. Lipstadt. I found the language used in that report--I
do not want to talk about the details of the report--but that
kind of language I found it more than ahistorical. I found it
unhistorical.
Branding Israel an apartheid state is more than
historically inaccurate. I believe it is part of a larger
effort to delegitimize the Jewish state.
Such language, I see it is spilling over onto campuses
where it poisons the atmosphere, particularly, for Jewish
students. You have to ask why people are using that kind of
language. What are they trying to accomplish?
And I know that the Biden and Harris administration has
taken a very strong position on this. In fact, last month, the
State Department spokesman cited the department's vehement
disagreement with that language, and probably our Ambassador to
Israel, Tom Nides, said it best, albeit in a tweet. He said,
``Come on. This is absurd.'' And I second that.
Senator Rubio. I guess I will reserve my questions on
Honduras if we go to a second round.
I just wanted to ask on the topic of Honduras, and,
obviously, these countries are people that choose their leaders
and they have a right to elect them.
But there is reason to be concerned, is there not, with
both the statements recently made about this desire to,
potentially, engage--abandon diplomatic recognition of Taiwan
and switch it to Beijing?
I just want an assurance that would be a priority for us--
for you, if confirmed to this post, that it would be--and it
reflects the--I believe, the official position of the United
States, that would be very forceful in making that a priority
and in laying out the arguments for why we think that would be
a bad idea.
Ms. Dogu. Senator Rubio----
Senator Rubio. Your microphone. I am sorry.
Ms. Dogu [continuing]. Senator Rubio, since the elections
there have been many high-level visits from Washington down to
Honduras, and I know that everybody that has made that visit
and spoken with the new government down there has stressed the
importance of that relationship with Taiwan.
And as you heard me say in my opening statement, I, too, if
confirmed, will uphold that strong position. I do believe it is
very important for the Government of Honduras to continue their
relationship with the Government of Taiwan.
I think it can be beneficial. Obviously, it has been in the
past and I think it will continue to be so. I think there are
opportunities to work together, especially in the economic
space.
Obviously, the Government of Taiwan has succeeded in
developing a strong economy in their own country, and I think
there are lessons that can be learned and shared and
investments that can be made and should be made in Honduras.
I do commit to you that I would continue to take that
position and to work strongly to maintain that relationship
with Taiwan if I am confirmed.
The Chairman. Senator Cardin?
Senator Cardin. Thank you, Mr. Chairman, and thank you for
convening this hearing.
I want to congratulate all four of our nominees and thank
them for their willingness to serve our country, and also thank
their families for recognizing that this is going to be a
family commitment for the service that you all have been
nominated for.
Ms. Lipstadt, I want to concur with Senator Rosen and
Senator Schumer and thank you for your extraordinary service to
date in fighting antisemitism. You are extremely well qualified
and you are the right person at this moment when we see a rise
globally of antisemitism, including here in the United States.
For over two decades, the U.S. Helsinki Commission, which I
now have the honor to chair, has been raising the concerns
about the rise of antisemitism. It was the work of the Helsinki
Commission that led to the Berlin Conference that took place in
2005, in which we gathered together to plan a strategy to fight
the rise of antisemitism.
And there was a good action plan that came out of the
Berlin Conference which includes the responsibility of leaders
to speak out about any form of antisemitism that occurs under
their watch, sharing best practices, law enforcement training,
sharing data information, particularly on hate crimes.
There were recommendations that came out of the Berlin
Conference in 2004, and despite those recommendations, we now
see a rise of antisemitism.
I am the Special Representative for Antisemitism, Racism,
and Intolerance in the OSCE Parliamentary Assembly, and during
the 2019 Parliamentary Assembly in Luxembourg we convened a
separate section to deal with antisemitism and it was very well
attended.
One of the recommendations that came out of that particular
conference was the fact that we should not be tunnel visioned
in our strategies that we need to form coalitions, because hate
knows no religious or ethnic bound. Those that are going to be
committing these types of hate crimes will target any
marginalized group.
My question to you is, what new strategies can you bring,
recognizing the challenges have been here for some time and in
recent time has grown rather dramatically?
We all know that. When I used to visit Europe a couple--10,
15 years ago, I was surprised to see the level of security at
Jewish institutions. Now I see that level plus here in the
United States at Jewish institutions. All we have to do is take
a look at the assessments we are getting for security in our
synagogues.
My question to you is how do you see your role to recognize
that we have met before, we have had strategies before, these
strategies have been effective to a limited degree, and how do
we form coalitions so that we recognize that antisemitism is
based in hate, which also affects other groups of individuals?
Ms. Lipstadt. Thank you, Senator. Thank you for your kind
words.
I, too, have commented often on the fact that it used to be
when we went to Europe you could identify the synagogue by the
gendarmes and now that is the case in the United States, and I
am particularly honored that one of my guests today is Anna
Eisen Salton, the founding president of Congregation Beth
Israel is Colleyville, Texas, the child of two survivors, and
who watched with her 100-year-old mother on Facebook the recent
assault on that synagogue.
I also am very pleased to be accompanied by Diane D'Costa,
a graduate alum of the University of Virginia, who hid in her
room as the marchers passed by that night in Charlottesville
and then escaped in the dead of night and said it reminded her
of her grandmother escaping from Poland.
All those things we relegated to history, all those things
we relegated to Europe, are now here as well, even though my
position, of course, is global antisemitism.
To your question in terms of what I would do--my goals--I
think, on some level, the same--more of what has been done,
more of the basis, the foundation, that you and your colleagues
and your fellow senators have laid over the years.
But I am an educator, and I know when I go into a room with
other--with representatives, whether it is of organizations,
whether it is NGOs or it is government representatives, I want
to make them understand, first of all, the pernicious nature of
antisemitism, and one would think that after the Holocaust and
after everything that has gone on you would not have to do
that, that that would be bringing coals to Newcastle.
But, sadly, it is the fact. Many people who take other
hatreds very seriously will sometimes, as a sop, say, and
antisemitism. Whereas I say the Jew is often the canary in the
coal mine. No democracy has ever been a healthy democracy if it
abided antisemitism.
I look forward to partnerships, to educating, to stressing
that though Jews may not present as other victims, antisemitism
is a prejudice like other prejudices with its distinct
characteristic. It has got to be addressed and it has got to be
addressed wherever you find it.
I do not care if I agree with you on everything else you
say. If you are engaging in antisemitism, I am going to call
you out and I am going to address it. It cannot be a political
weapon.
Senator Cardin. Thank you for that.
Mr. Chairman, let me just point out the U.S. Holocaust
Memorial Museum gives you a real tool in your toolkit to fight
antisemitism.
But it is interesting that that organization is very much
engaged in all forms of hatred against racial minorities and
religious minorities because there is that common theme, and
working in coalition we can present a stronger package to fight
antisemitism.
Thank you, again, for your willingness to serve.
Ms. Lipstadt. Thank you, Senator.
The Chairman. Thank you.
Senator Risch?
Senator Risch. Mr. Chairman, I am going to yield to Senator
Johnson. He has another appointment.
The Chairman. Senator Johnson?
Senator Johnson. Thank you, Mr. Chairman.
Ms. Lipstadt, I attended the inaugural address of President
Biden. I completely agreed with his goal that he laid out, his
number-one goal to unify and heal this nation. I would assume
you would agree with that as well?
Ms. Lipstadt. Absolutely.
Senator Johnson. A year later, do you think our nation is
more unified? Are we healing?
Ms. Lipstadt. I think not.
Senator Johnson. Okay.
Ms. Lipstadt. I think there are deep divisions.
Senator Johnson. I agree with you on that. I think one way
to try and heal our nation, try and unify it, is person to
person. Are you familiar with something called the Joseph
Project in Milwaukee, Wisconsin?
Ms. Lipstadt. No, I am not.
Senator Johnson. I will take just a brief time to describe
it. It is something I teamed up with a pastor in an inner city
church, Pastor Jerome Smith, a wonderful man.
His congregation is, obviously, largely African American,
but we have used this to connect people with real opportunity--
you know, people of all races, all genders, people, some of
them formerly incarcerated, some just down in their life--
alcohol, drug abusers, that type of thing. People who want to
turn their lives around by improving their attitude, committing
to success, and we have literally transformed hundreds of
lives. I wish it was thousands. I wish it was tens of
thousands, but literally hundreds of lives.
Does that sound like a pretty good way to heal this nation,
working with individuals on a person-to-person basis?
Ms. Lipstadt. Absolutely. You can make broad policy
pronouncements, but unless you have changed facts on the ground
nothing is going to change.
Senator Johnson. Yeah. I agree. I think it has been very
healing, certainly, for those individuals that participate in
it.
A way not to heal, I think, is what is happening on social
media. It was interesting to hear Senator Schumer talk about
the malicious poison, and what is happening on social media so
often is just malicious and it comes, as I think you said in
your opening statement, from across the political spectrum. We
need to all condemn it.
Let me ask you a question. If somebody came up to you
privately, quietly, and said, you are racist--you are a white
supremacist--you are white nationalist--by the way, I do not
believe you are.
I would never assume that because, certainly, growing up
when I was being taught the commandment that says do not bear
false witness, my Lutheran Catechism says always put the best
construction on things.
In other words, always assume the best about people, not
the worst. How would you feel if somebody just privately called
you are racist?
Ms. Lipstadt. First of all, I would say they are wrong.
Second of all, I would disagree with them and, as I said
earlier but I want to reiterate, that even in my critiques of
people I am very careful never to ascribe to the person.
Senator Johnson. I thought--I heard that. I thought that
was interesting. You say you never criticize the person.
But that is not true. What you just testified there is
false because not only did you go on--first of all, you do not
know me. You do not know a lot of the people that you have
accused online in front of millions of people.
You have engaged in the malicious poison. You have accused
people you do not know of very vile things. I mean, would you
not agree that probably calling somebody a racist is just shy--
just under murderer and rapist, calling somebody a racist?
That is about as serious and vile accusation as you can
hurl against somebody, somebody you do not even know. I mean,
you have never talked to me. You have never met me. You do not
know what is in my heart, do you?
Ms. Lipstadt. I have no idea what--no, I do not know what
is in your heart at all. I know what----
Senator Johnson. So why would you go on social media and
make those charges? And not only me--and by the way, what
Senator Rubio said, this position is supposed to be for a
nonpartisan.
It seems like how you engage in malicious poison is purely
partisan. You are hurling these charges against people that
are, generally, one political persuasion. That is not
nonpartisan.
But, again, why did you--why did you go on social media and
level these vile and horrible charges against people, including
me that you do not even know? You did not know anything about
the Joseph Project. You do not know about my--what is in my
heart. Why did you do it?
Ms. Lipstadt. First of all, I do not think--as far as I can
tell--and I am happy to have this conversation further or right
here--call you personally--I do not call people personally----
Senator Johnson. No. I mean, we all know the tweet. It is
right here.
Ms. Lipstadt. Right. Right.
Senator Johnson. Okay. You said it is pure and simple--pure
and simple--white supremacy, nationalism, and then you refer to
articles----
Ms. Lipstadt. Right.
Senator Johnson [continuing]. That continue the charge. Do
you feel bad about that at all? I mean, do you----
Ms. Lipstadt. I----
Senator Johnson [continuing]. Do you retract that? I mean,
do you--I mean, what is your current position on this?
The Chairman. Can we allow the witness to answer your
questions?
Ms. Lipstadt [continuing]. As I said earlier, it was not
nuanced. I would not do diplomacy by tweet. While I may
disagree with what you said specifically, and I think that is a
legitimate difference, I certainly did not mean it and I am
sorry if it was taken and I am sorry if I made it in the way
that it could be assumed to be a political--at the person
personally.
Senator Johnson. Listen, I appreciate your apology and I
will accept your apology. It is more than, for example, what
the Chairman of this committee has done and other members who
have also callously and cavalierly hurled those same charges
that I would consider are malicious poison to our body politic
today.
But, again, I appreciate the apology. But I think somebody
that has had a 30-year professional career ought to know
better, and when you are being nominated and considered for
confirmation to a position of diplomacy representing these
United States, I certainly cannot support your nomination. I
hope my other colleagues will not either. You just, simply, are
not qualified for it. But I wish you the best in life, and I do
accept your apology.
The Chairman. Senator Van Hollen is next.
Senator Van Hollen. Thank you, Mr. Chairman.
Congratulations to all of you on your nominations.
Dr. Lipstadt, I did want to follow up on what Senator Rosen
mentioned, Senator Cardin, I think, the Chairman, about what we
all recognize is an alarming increase--rise in antisemitism
both here at home and around the world.
Just recently here in the Washington, D.C., area we have
seen swastikas drawn on the walls in Union Station and
pamphlets spreading COVID-19 misinformation and antisemitic
hatred in Silver Spring, Maryland.
Worldwide, we have seen a new phenomena of public figures
comparing COVID-19 public health restrictions to the horrors of
the Holocaust.
Can you talk about what your priorities would be, what your
immediate strategy would be, if you were confirmed in this
position to begin to address the challenge of antisemitism
globally?
Ms. Lipstadt. First of all, as I have said before and I
said just now, to fight it wherever I find it, but also I think
it is necessary to help people--politicians, policymakers,
media, whomever--understand what Jew hatred is.
We have seen in this country in recent weeks well-known
people, prominent people, mangle an understanding of what is
Jew hatred, and I think that is exceptionally important.
I also think it is important sometimes working with our
partners bilaterally, countries who are partners on so many
things, that sometimes what they might engage in would be a
form of--might have antisemitic implications without their even
realizing it.
I am--look, I have a broad-based agenda to work with other
people and also to work with different elements in the State
Department, whether it is the ambassador for religious freedom,
whether it is the special envoy on Holocaust issues, whether it
is the people on the various regional desks. There is a great
deal of expertise there.
I think it is something that has to be stressed. This is
not a joke and this is not a small group making a lot of noise
and this is not special pleading. This is a serious issue. It
is a serious issue even in and of itself. But it is also, as I
said earlier, the canary in the coal mine. If you value
democracy you got to hate antisemitism.
Senator Van Hollen. And I want to underscore the point that
you made with regard to the seriousness of it. As we have seen
this alarming rise in antisemitism, we have also witnessed some
who seek to politicize antisemitism by equating legitimate
criticism of Israeli Government policies with antisemitism. You
have said that it is, quote, ``dangerous'' because it
diminishes real antisemitism.
Can you elaborate on the important distinction that you
were drawing there?
Ms. Lipstadt. Absolutely. Criticism of Israeli policy is
not antisemitism. If you want to hear criticism of Israeli
policies, I suggest you seat yourself down in a cafe in Tel
Aviv or in Jerusalem, whatever part of the country, depending
who is in the Government. It is the national sport in Israel,
second only maybe to soccer and maybe more than that.
I do not think any rational-minded person would think that
criticism of Israel--Israeli policies is antisemitism. I do
think there are certain things that cross the line into
antisemitism and criticism can often cross the line.
In the IRA definition--it is a working definition, I think
it is an exceptionally useful tool as such--it gives examples
and it illustrates different kinds of things, some of which--a
number of which have to do with Israel. It says these may, but
not necessarily are, antisemitic. A lot depends on the context.
I think it is very important to be nuanced there because it
is sort of Chicken Little and the sky is falling. If you call
everything antisemitism, when you have a real act of
antisemitism people are not paying attention. But when you have
a real act of antisemitism, irrespective of where it is coming
from, you have got to call it out.
Senator Van Hollen. Thank you, Dr. Lipstadt.
And I see my time is running short. I will submit questions
for the other witnesses for the record.
Thank you all. Thank you, Mr. Chairman.
The Chairman. I understand that the only other person at
this point is Senator Shaheen.
Senator Shaheen. Thank you very much, Mr. Chairman, and
congratulations to each of our nominees, and thank you for your
willingness to serve the country. I am actually going to begin
with each of the ambassadorial nominees--Ms. Levine, Mr. Perry,
and Ms. Dogu. Am I pronouncing your last name correctly?
Because I have been very concerned about anomalous health
incidents, attacks by our embassy personnel around the world
and--also known as Havana syndrome, and I want to ask each of
you if you are familiar with that--I do not know whether to--I
am not going to call it a disease, though I think there are
health issues that result. But are you familiar with anomalous
health incidents?
Ms. Dogu. Yes.
Ms. Levine. Yes.
Senator Shaheen. Yes? Mr. Perry?
Mr. Perry. Yes.
Senator Shaheen. I want to ask you to commit, if confirmed,
you will go to the ambassadorial seminar session that addresses
AHIs and seek a classified briefing with the State Department
so that should you have those attacks by your embassy personnel
that you will be able to respond appropriately.
Ms. Dogu. Yes.
Ms. Levine. Yes.
Mr. Perry. I will.
Senator Shaheen. Thank you all very much.
I would like to actually begin with you, Mr. Perry, and
you, certainly, know firsthand the importance of the role
that--the relationship between the United States and Jamaica.
One of the things that has been important in New Hampshire
and so many other states have been the Jamaican workers who
have come for a short period of time, often on H-2B visas, to
work in various industries in New Hampshire--it is usually in
the hospitality industry--who are very important to our
workforce, and who then go home. They are able to send funds
back to their families in Jamaica, and it is an important
aspect of our workforce here and also in supporting families in
the country.
Now, one of the important aspects of those H-2B visas is
the role that the embassies play in ensuring that those
interviews are held and that people can come to the United
States.
I would ask you if you would commit to doing everything you
can, if confirmed as ambassador, to ensure that those visa
applicants are given due consideration and that that process
works as smoothly as possible.
Mr. Perry. Thank you for that question, Senator.
I do understand that the pandemic had impact on the
efficiency of the services provided at the embassy in Kingston.
I do understand also that that is a very important
program--the economic values to Jamaica and to our
partnership--and I, certainly, commit to very strongly
emphasizing and ensuring that our embassy takes actions in
light of the improvements that we have been able to make with
additional staff, I understand, to focus on addressing that
particular visa situation because I know it is necessary and
that it strengthens our partnership.
Senator Shaheen. Thank you very much. I really appreciate
that, and any way that I or my office can be helpful in that
process we, certainly, stand ready to do that.
Ambassador Dogu, I was in the Senate during the Obama
administration when we saw a migration from Central America
from--and Honduras was one of those three countries that had a
very--tens of thousands of people migrating to come to the
United States.
We saw a decline in that, I think, as the result of a
number of factors, but now we are seeing it increase again. We
have seen it increase again.
Can you speak to why you think we are seeing that cyclical
increase and what policies we should be pursuing to help
Hondurans be able to see a brighter future in their own
country?
Ms. Dogu. Yes, Senator. Thank you for that very important
question.
Obviously, there has been a historical large flow of
migration from Honduras and it is something that the U.S.
Government has worked over a long period of time to try and
address.
There have been sort of some periods with more investments
and periods with less investment into Honduras. I think it is
very important that it be consistent.
Clearly, the people are leaving the country--when you talk
to them--for very fundamental reasons. They do not feel safe in
their own country and they do not feel like they can find jobs
to support their families.
Clearly, I think, as the U.S. Ambassador my role would be
to support the new Government of Honduras' efforts to address
these sorts of challenges. This is also a negative, in a sense,
for the country. It is a brain drain as their young people flow
north to the United States.
I think that we need to continue with our programs to focus
on security. As I mentioned in my statement, I think it is also
very important to focus on helping rebuild the economy.
They have really taken a large hit due to the pandemic and
they have taken a large hit due to two very large hurricanes
that went through there and, unfortunately, damaged some very
critical parts of their country economically for them.
I think that being consistent and focusing, and now we have
a new government, a new partner in Honduras. I think there are
opportunities to really expand our efforts there, and I look
forward to working with the team that is already on the ground
in Honduras to do so, should I be confirmed.
Senator Shaheen. Thank you very much.
Thank you, Mr. Chairman. My time is over.
The Chairman. Thank you.
Senator Portman?
Senator Portman. Thank you, Mr. Chairman. I appreciate the
hearing today and I appreciate just hearing about some
improvements in Central America, which is always good news,
given the impact it has on the people of those countries but
also on our current situation with regard to illegal migration.
You are going to have your hands full, and it is really
important that we do all we can to deal with the push factors
in those countries.
My question, Mr. Chairman, is to Dr. Lipstadt.
You are about to fill a really important position, and with
your background I think you will fill it well. I have had a
number of constituents actually reach out on your behalf who
have worked with you, and as the ranking member of the Homeland
Security Committee, we have continued to advocate for
something, I think, you are aware of, which is called the
Nonprofit Security Grant Program.
This is a critical source of funding for houses of worship,
other nonprofits. It has been used primarily in the Jewish
community as synagogues, community centers, schools, face
increasing threats of antisemitism and other hate crimes,
growing threats of violence. We just saw this recently with
regard to the kidnapping in Texas.
As we continue to help protect targets of antisemitic
violence, we have got to also combat the root causes, of
course. How do you propose we address the root causes of
antisemitism?
Ms. Lipstadt. Thank you very much. I am well aware of that
program. I have benefited from it in my own synagogue and other
synagogues.
I was just talking to Ms. Eisen, who is here from
Colleyville, Texas, and she was telling me when--that the
synagogue needs a lot of repair after what happened. And I
said, how do you pay for that, and she says, well, what
insurance does not pay the Government is helping us with. I do
not know if it is through this specific program, but I was glad
to hear that.
But back to the bigger issue of the root causes,
antisemitism has the moniker of being the oldest or the longest
hatred. It has been around for a very long time, and though I
do not surprise easily, given my field of study, it is
sometimes surprising that, as I said in my opening statement,
but less than eight decades after the Holocaust that we should
be facing antisemitism, many people predicted after the
Holocaust that that was the end of antisemitism, and we are
surprised, or as the British would say, gobsmacked, to the
degree to which it is not.
I plan to become a thorn in the side of those who engage in
antisemitism. There are those who are violent anti-Semites. We
saw that in Texas. We saw that in the streets, as Senator
Schumer said earlier, like Williamsburg. We saw that in
Charlottesville. We saw that in Halle, Germany, and so many
places throughout Europe.
But there are also the polite anti-Semites, the people who
say things but it is just, I am just saying it, or do not think
about the implications of what they say. I think all those
people have to be called out.
And then governments have to be told that this is something
we take very seriously and we will work with you on it. We will
work with you on it. This is not a way of the Senate or the
United States making a small group of Jews feel comfortable or
feel happy.
But this is--we see this as a danger to the founding ideals
of this republic. We see this as a sign of what could be, and
we recognize and most of all, Senator, no genocide, no attack,
begins with the attack, whether you are talking about a
genocide in Europe, whether you are talking about a genocide in
Rwanda, wherever you are.
It starts with words, and as some of your colleagues have
mentioned, the Holocaust Museum--just go down the block, and
you can see how it starts with words and then it escalates.
That does not mean it is always going to escalate to a
holocaust. But if you are going to stop something, you stop it
when--well before it is of that degree.
I plan to be as energetic as possible in fighting this. I
never thought I would be in this position. But if I have the
honor of being confirmed, I want to make a difference in that
regard.
Senator Portman. Great. Again, given your background, you
are well qualified to take on that task, including the
international task, and we want to work with you on that.
The Nonprofit Security Grant Program did provide the
synagogue in Texas with hardening, as I understand it,
including cameras, which were very helpful with regard to the
hostage taking, but also training.
And one thing we have found out is that although these
grant programs have been effectively used in some areas of the
country, other folks do not know about it--the Sikh community,
the Muslim community, the Jewish community, the Christian
community. It is it is available, broadly, for these kinds of
threats.
We have introduced new legislation called the Pray Safe
Act, which is to provide houses of worship at one centralized
place where you can find out what the best practices are, find
out what training is available.
This is with Senator Shaheen and Hassan, and my sense is
that following the incident in Colleyville, Texas, this is more
important than ever to let people know what is available to
them. Have you looked at that Pray Safe Act?
Ms. Lipstadt. I have looked at it. I have not studied it in
depth because my remit, of course, if confirmed, will be
abroad.
But the division between domestic and international
antisemitism is getting murkier. The terrorists, the kidnapper,
the would-be murderer in Colleyville, was radicalized abroad
and then he came here to do his handiwork. The divisions we
used to draw are not as clear.
Clearly, my remit in the State Department is abroad. But
you cannot--the hard lines, especially with social media, for
better or for worse, it is harder to draw those lines.
My synagogue has benefited from this program and I have to
tell you, speaking personally just for a second, I sat in
synagogue about--I guess it was before COVID but about two
years ago, where the rabbi and the members of the synagogue who
were taking charge of this handed out pieces of paper showing
us what door to exit, God forbid, there was something and
telling parents--all parents but especially Jewish parents--do
not go for your children. Your children will be brought to
safety. A lot of good that is going to do, but go out--how to
go out, where to rendezvous.
I have that piece of paper sitting on my desk. It is a
reminder that it has come to me in Atlanta just as it has been
coming to so many places in the rest of the world--Paris,
Berlin, Halle, Belgium. Too many places today.
Senator Portman. Pittsburgh Tree of Life.
Ms. Lipstadt. Absolutely, where the rabbi got training
before and, of course, the people at Colleyville talked about
the training and that would save their life.
Senator Portman. And can save lives. As you say, this
terrorist--and my time is expired. But just one sentence on
that because this committee gets involved in these issues.
He came here on a visa from a country where we have a
relationship where it is easy to have access to United States
through visa programs. And, yet, the reports are that he had
told the U.K. police and others that he wanted to--well,
reports are that he had said that he wanted to kill Jews, and
that this was reported to the U.K. police last year--these
antisemitic threats--and yet the visa waiver program was
available to him.
We have got to tighten up the visa waiver program from
countries, even our great allies like the U.K., to be sure we
are not allowing these terrorists in when we have information.
Thank you.
The Chairman. Thank you.
Senator Kaine?
Senator Kaine. Exquisite timing, Mr. Chair. Impeccable.
I am very interested in asking questions about Honduras,
where I lived in 1980 and '81, and I appreciate, Ambassador,
you being here and your being poised for that position. I am
sorry that I have been at other hearings and have not heard
questions that you have already been asked.
But the tragedy of Honduras is--I lived there when it was a
military dictatorship and things were awful. I knew people who
were oppressed by the military. I knew some people who were
killed by the military.
It is worse now. You think the move from a dictatorship to
a democracy, just like magic, makes things better. I do not
think that is the case, and I did not think I would ever say
that.
But in recent years, becoming murder capital of the world,
the control of narco traffickers, the deep, deep corruption by
the past government especially but they were not unique in
that, has created situations that are just so grim for
Hondurans trying to live everyday life.
Some of the challenges they face are directly related to
our pain. If the U.S. did not have such a tremendous hunger for
illegal drugs and we are willing to send cash south to pull
drugs north, many of the communities in Honduras--many the
neighborhoods in Honduras and other countries would be a lot
safer and more secure than they are. And so their pain is
connected to our pain in ways that we have to own and try to be
creative in solving.
Talk a little bit about the opportunities that the U.S. has
with a new government in place. President Castro was
inaugurated recently, a somewhat controversial election but,
thank goodness, an election that compared to previous elections
was widely viewed to be fair. It was called relatively quickly.
There was a concession.
I know right around the time of the inauguration there was
sort of a skirmish on the legislative front. We are used to
that, too--skirmishes between an executive and the legislative
branch.
But putting the past administration and Honduras in the
rearview mirror with its corruption, its abandonment of anti-
corruption and anti-transparency initiatives, its connection to
drug trafficking in the United States, what would your
intention be, should you be confirmed, in terms of trying to
start a new chapter in the relationship that would be positive
for the United States and positive for Honduras?
Ms. Dogu. Senator, thank you very much, not only for those
remarks but for your long-term interest in Honduras and the
importance of the U.S.-Honduran relationship. I agree with you
completely on all of that.
I think that we do have a unique opportunity here. I mean,
there is a new president. She was inaugurated just recently.
She won in a very strong turnout by the population of Honduras.
She really comes into office representing the yearning
desire for democracy and anti-corruption programs and for
freedoms and security by the people of Honduras, and that is
really powerful, I think, for an elected leader to arrive in
that position.
And I know that the United States Government--obviously, I
am not involved in this yet, since I am pending confirmation
and I am waiting for the Senate to decide if that is a good
choice or not.
But there have been many senior officials, including
recently the vice president, who traveled to Honduras to meet
with her, and I think that there are a lot of areas that we
have in common that we can work together, things that she wants
to do to make things better in Honduras and things that we have
recognized that are good for Honduras and are also good for the
United States.
Obviously, we need to continue to help them address the
security challenges that they have faced. Things are not good
but things have been worse in that regard. Some of those
violent numbers have come down. In some of the areas that we
have invested in, we have seen some significant improvement
there.
Clearly, they face strong economic challenges. There have
been hurricanes that have destroyed the key parts of the
country, in addition to just the normal pandemic challenges,
and then historical challenges.
It is very important to work with them to do things like
opening up their regulations to make it a better place for
outside investors to come in.
Previously, Senator Rubio was talking about the possibility
of nearshoring production. I think there is tremendous
opportunity in all of that.
But it really is going to be up to both the president and
her new team and the new congress to be able to get themselves
organized and working together as a team to pass the
legislation that is going to be needed to stabilize and open up
the markets there.
And then the judiciary is going to play a key part, because
if businesses do not feel confident in the fact that they can
invest and that there is rule of law, they are still going to
be reluctant to do that, even with the best of regulations.
I have a broad agenda in front of me, if I am lucky enough
to be confirmed. I look forward to confronting those
challenges. The team on the ground down there has been doing a
great job already and I would just be a new part of this very
strong team.
Senator Kaine. Thank you, Ambassador Dogu.
One final point, Mr. Chair, quickly. I would hope you work
together with our Vice President's office and others in the
Administration at this root causes analysis and you look at
economic opportunities.
I sometimes think when we approach a problem like that we
look at what company can we get to make a commitment to invest
in Honduras, and that is hard to get a commitment from a
company that is not already there.
I would really focus on the American companies that are
already there. There is a quarter of a million textile workers
in the Northern Triangle who work for American companies,
usually using U.S. cotton to then make clothing. There is
retail--American retail companies.
I would really listen to those who are already there and
ask what could we do that would make you hire more people, that
would make you expand. I think that that is usually a higher
likely play than trying to get somebody new to come in who has
never been there and does not really know the culture and the
people.
Thank you, Mr. Chair.
The Chairman. Thank you, Senator Kaine.
The chair will recognize himself.
I would have left this untouched but the record cannot
stand as it is. Senator Johnson called out the chair, saying
that I have not apologized for the speech I made on the Senate
floor, and I will not apologize for the speech I made on the
Senate floor.
If we cannot call out comments for what they are, if we do
not understand that words have power to them, sometimes very
negative powerful consequences, then we can never challenge,
whether it be antisemitism or racism or other elements.
My speech and the comments I made--and I think the comments
that Dr. Lipstadt referenced to were about the comments, not
about the person--and in that regard, when you say that you
describe those who stormed the Capitol on January 6 as people
who, quote, ``truly respect law enforcement and love this
country'' but would worry if the mob had been Black Lives
Matter protesters, I think that is deeply, deeply problematic.
I will ask unanimous consent to include my speech of that
day in the record for context.
[The information referred to follows:]
----------
Floor Remarks of Senator Robert Menendez, March 16, 2021
Congressional Record Vol. 167, No. 49
Mr. MENENDEZ. Mr. President, I take no pleasure in coming to the floor
today. We in the Senate take pride in our decorum and our sense of
comity with each other, so much so that we often twist ourselves into
pretzels to avoid saying anything that might be interpreted as a
criticism of another Senator. Yet there comes a time when these verbal
gymnastics simply won't do. You are either going to speak the truth or
fail to do justice to the values you hold dear.
What one of our colleagues said last week about the events of
January 6 was felt by many to be racist and hurtful--a stain on the
office he is so fortunate to hold.
Look, I get that no one likes to be called racist, but sometimes
there is just no other way to describe the use of bigoted tropes that
for generations have threatened Black lives by stoking White fear of
African Americans and Black men in particular.
On a radio show, our colleague explained that he never feared for
his safety during the January 6 insurrection of the U.S. Capitol. But
make no mistake, under different circumstances, he would have been
afraid.
He said:
Now, had the tables been turned--now, Joe, this will get me
in trouble--had the tables been turned and President Trump won
the election and those were tens of thousands of Black Lives
Matter and antifa protesters, I might have been a little
concerned.
Is that not racism?
I don't think the Senator is ignorant of the fact that for
centuries in this country, White supremacy has thrived on using fear to
justify oppression, discrimination, and violence against people of
color. I do, however, think my colleague may be ignorant of the pain
caused by his comments and unaware of how they compound the trauma that
so many still feel in the wake of the events of January 6.
Because I do not think I can do justice to that pain, I want to
share with you an email I received this weekend. It is from one of the
most devoted public servants I have ever had the pleasure of working
with, an African-American member of my staff. His name is Keith
Roachford. He has devoted nearly three and one-half decades to serving
the people of New Jersey in Congress and his community as a faithful
churchgoer and Boy Scout leader.
It reads:
Senator,
I would not normally send you an email like this but I am at
a loss of how to express the outrage and hurt I am feeling from
the comments made by Senator Johnson that he would have been
more afraid on January 6th if the insurrectionists would have
been from Black Lives Matter.
I am blessed to be on your staff and have had the opportunity
to serve as a staff member in the NJ delegation for 34 years,
but this is the most painful thing I have ever heard being said
by a U.S. Senator.
I could not imagine that the horrible and painful events from
[January] 6th could be replicated in a statement from a sitting
member of the Senate.
However, Johnson's comment is worse than the image of the
insurrectionists walking through the Capitol building with the
confederate flag.
He is perpetrating the racist trope that the country should
fear black people.
I have experienced what it is like to have a taxi cab pass
you by in order to pick up white passengers who are further
down the block of where you are standing.
Nothing can describe the feeling when you have entered a
store and having store clerks watch your every step while
shopping.
Sandy--
That is his wife--
and I have had the conversations with our sons when they were
young about how to enter a store; not look suspicious; keep
your hands out of your pockets until you make your purchase; or
how to respond and talk to police officers in any interaction.
I have had the difficult conversation of explaining to a
young black scouter in our scout troop why a white campground
store clerk accused him of not paying for an item because he
was black.
[This] type of hate speech is [not] new. The hardest part of
what he said is that in 2021, a United States Senator would so
freely express this type of hate out loud.
I am so grateful for our officers who endured so many
injuries on [January] 6th, and I pray that they will recover
physically and mentally.
They are going through so much right now, I feel guilty that
my email to you might sound shallow because of the pain they
are trying to overcome.
I understand that the Senate works best when both sides can
find common ground, but how do [you] really reach common ground
when [such views can be held]?
Again, I am sorry for reaching out late on Saturday evening,
but I needed to share this with you.
Keith.
To read these pained words both broke my heart and boiled my blood.
Thousands of people of color serve in the U.S. Capitol workforce. They
are legislative staffers like Keith and Capitol Police officers and
maintenance workers, cafeteria staff, and so much more. I should not
have to stand here and remind anyone that many of them feared for their
lives on January 6. But not Senator Johnson. He felt no fear. He wasn't
afraid because, and I quote:
I knew those are people that love this country, that truly
respect law enforcement, would never do anything to break the
law, so I wasn't concerned.
People who love this country do not desecrate our most sacred
democratic institutions and display symbols of racial hatred like the
Confederate flag in the halls of Congress. People who respect law
enforcement do not assault Capitol Police officers, beat them within
inches of death, and hurl ugly epithets at officers of color. And
people who would never do anything to break the law would not try to
overturn the rule of law, plot to kill elected officials, and stop the
peaceful transfer of power as instructed by the Constitution of the
United States.
Now, I know what some rightwing media pundits and some of my
Republican colleagues will say. They say it every time they are asked
to accept some responsibility for perpetuating the lies told by
President Trump that inspired the violent events of January 6.
They say: What about Black Lives Matter?
They say: Well, what about it?
Well, I say: Well, what about it?
The violent picture they paint of this movement could not be more
divorced from reality. At this point, several reputable studies have
confirmed that the protests launched in the wake of George Floyd's
chilling murder were overwhelmingly peaceful. I repeat: The Black Lives
Matter movement is overwhelmingly peaceful. I know many people don't
care about facts these days, but it is the truth.
One study out of Harvard University analyzed 7,305 Black Lives
Matter protests. The conclusion? Allow me to quote Professor Erica
Chenoweth.
She said:
Only 3.7 percent of the protests involved property damage or
[some form of] vandalism. Some portion of these involved
neither police nor protesters, but people engaging in vandalism
or looting alongside the protests. In short, our data suggest
that 96.3 percent of events involved no property damage or
police injuries, and in 97.7 percent of events, no injuries
were reported among participants, bystanders or police.
Likewise, the Armed Conflict Location & Event Data Project--an
organization I might add is partially funded by the U.S. Department of
State's Bureau of Conflict and Stabilization Operations--examined 7,750
different Black Lives Matter demonstrations across the Nation last
summer. They found just 3 percent of those protests associated with any
violence or property destruction whatsoever. They also concluded that
police departments ``disproportionately used force while intervening in
demonstrations associated with the [Black Lives Matter] movement
relative to other types of demonstrations.''
Indeed, on January 6, as we waited for hours for backup from the
National Guard and other law enforcement agencies to come to the aid of
Congress, I know that I am not the only one who could not help but
think of the violent, government-sanctioned crackdowns that met Black
Lives Matter protesters last summer.
The bottom line is that these lies casting Black Lives Matter as
violent have already done real damage. They have convinced millions of
Americans that they should fear those who march under the banner of
this movement for justice, when really it is the resurgence of violent
White supremacy that should be Americans' real cause for alarm.
Indeed, last October, the Department of Homeland Security issued a
report confirming that White supremacists pose the most lethal domestic
terror threat to the American people. Research from the Center for
Strategic and International Studies finds that White supremacists and
their sympathizers carried out two-thirds of terrorist plots and
attacks in 2020.
In the weeks since January 6, we have learned that far-right
extremist groups that regularly preach White supremacy, such as the
Oath Keepers and the Proud Boys, played a major role in plotting and
executing the attack on the U.S. Capitol.
Every Member of this body owes their life to the sacrifices made
that afternoon by Capitol Police officers, including officers of color.
At least 100 officers were physically injured in the January 6 attack.
One officer, a veteran and fellow New Jerseyan named Brian Sicknick,
later succumbed to the injuries he sustained. Two others subsequently
committed suicide. Hundreds of officers now carry with them invisible
scars from the trauma they endured that day--scars that may not fade
for years or even decades.
For one of our colleagues to cast those who attacked the Capitol as
harmless patriots while stroking fear of Black Americans is like
rubbing salt in an open wound.
Everybody in this body should know that when you perpetuate such
racist tropes, you contribute to a culture that gives people permission
to treat Black Americans as suspicious and their lives as expendable.
We in the Senate are supposed to hold ourselves to a higher standard.
We are supposed to advance America's long march toward a more perfect
Union, not coddle and cater to those who would take us backwards, and
we are supposed to stand up for the truth. That is what brought me to
the floor today.
I hope Members of this body on both sides of the aisle will join me
in making sure that we do not debase the institution and the people we
are called to serve--all the people--for whom so much pain has existed
for years and exists still today.
With that, I yield the floor.
__________
The Chairman. I think it is also--without objection--I
think it is also worth pointing out that the rioters on that
day, literally, wore and bore Nazi symbolism, including t-
shirts that said, 6MWE, which stands for 6 million--those who
perished in the Holocaust--was not enough, and a t-shirt saying
Camp Auschwitz on one side and on the other side of that t-
shirt Staff, as well as Confederate flags and nooses.
Maybe the Senator was not afraid for his life but every
Jewish person in the Capitol, certainly, had a reason to be
concerned for their lives. It is in that context that I made my
remarks, and let me close on this.
I have a record replete of nominees under the previous
administration who made incredibly outrageous statements, and
yet in each and every context they were confirmed, and some of
them really did not have the background to be confirmed for the
positions they were confirmed to.
In this case, we have a nominee that is impeccable in terms
of their knowledge of the subject matter, probably not just the
U.S. but a global expert and scholar on the question of
antisemitism.
I think if you cannot call out an antisemitic trope or
prejudice, how in God's name are you going to do this job? Your
proven history of fighting against antisemitism here in the
United States and around the world, I think, makes you uniquely
qualified for this position.
I just want to ask you two questions, Dr. Lipstadt. If
confirmed, will you continue to call out all incidents of
antisemitism, regardless of where these prejudices emanate from
in the global community?
Ms. Lipstadt. Absolutely, because after I stop this
position I still have to live with myself.
The Chairman. And regarding responsibilities, do you
understand the difference between making comments as a private
citizen versus as a public servant?
Ms. Lipstadt. Absolutely, and I have learned a lot and
already have begun an education with would-be colleagues at the
State Department. That may be the hardest part of this task.
But yes, I understand the difference.
The Chairman. And do you commit to abide by the State
Department rules for social media comments that you make in
your official capacity, guidance that was, I would note,
routinely ignored and flouted by the last administration?
Ms. Lipstadt. A hundred and ten percent.
The Chairman. All right.
With that, I have questions for the record for the other
nominees. I do not want you to think you are not the object of
my affection. But you are all going to serve in important
positions and I look forward to your responses as it relates to
those questions and the questions of other members of the
committee. They will be open to the close of business tomorrow,
Wednesday.
I would urge members who have questions for the record to
submit them. I would also urge the nominees to give significant
responses to those questions so that we can consider your
nominations before a business committee.
And with the thanks of the committee, this hearing is
adjourned.
[Whereupon, at 11:43 a.m., the hearing was adjourned.]
----------
Additional Material Submitted for the Record
Responses to Additional Questions for the Record Submitted
to Dr. Deborah E. Lipstadt by Senator James E. Risch
Question. If confirmed, what is your main priority as Ambassador-
at-Large?
Answer. If confirmed, my main priority would be to fight Jew-hatred
wherever it exists globally, irrespective of where it comes from. I
believe we should condemn and counter antisemitism wherever and
whenever it occurs, both online and offline, whether as hate speech,
Holocaust distortion and denial, or in other forms. We should also
counter antisemitism by promoting tolerance and inclusion, including
through education. We need to work with our international partners to
ensure the security of their Jewish communities, resources and training
for law enforcement personnel to address hate crimes and, ideally, the
establishment of national coordinators for combating antisemitism.
We also need to reinforce efforts to foster a common understanding
of the challenge. If confirmed, I would try to help our interlocutors
understand what Jew hatred is, what it is not, and why it is so
pernicious. One of the ways we can do that is by encouraging other
countries and international bodies to embrace and apply the
International Holocaust Remembrance Alliance (IHRA) Working Definition
of Antisemitism, inclusive of its examples, which is an exceptionally
useful diagnostic tool.
Question. If confirmed, how do you plan to engage with partners and
allies on combatting antisemitism globally?
Answer. If confirmed, I intend to forge coalitions with other
governments, international bodies, civil society organizations, and the
private sector to work across diverse communities and among faiths to
combat antisemitism globally. If confirmed, I will work closely with
other special envoys and coordinators combating antisemitism and our
partners and allies in multilateral fora such as the OSCE, EU, and the
U.N.
If confirmed, in addition to working closely with partners in
Europe, the Western Hemisphere, and around the world, I would also look
forward to exploring opportunities for engagement with U.S. allies and
partners in the Middle East. The Abraham Accords have helped build
momentum for exciting initiatives relating to interfaith dialogue and
combating ignorance, intolerance, and hate, including antisemitism.
Question. How will you de-conflict your work with the Ambassador-
at-Large for religious freedom?
Answer. If confirmed, I intend to work closely and seamlessly with
the Ambassador-at-Large (AAL) for International Religious Freedom and
his team to advance the fight against antisemitism and other forms of
religious discrimination around the world. I recognize that my
partnership with the AAL and his team will be vital as we work with our
embassies and consulates to monitor and combat antisemitism.
If confirmed, I intend to have regular meetings with the AAL and to
encourage my staff to consult often with the experts in the Office of
International Religious Freedom, as I understand they already do. The
issues we would collectively address are interconnected and require
collaboration to optimize coalition building and engagement. One
example of a religious freedom issue on which I would work closely with
the AAL concerns proposed or enacted limitations on religious practices
of animal slaughter and non-medical circumcision, which can directly
affect the viability of Jewish, Muslim, and other religious
communities.
Question. If confirmed, how will you de-conflict but provide
specialized assistance to the Bureau of Democracy, Human Rights, and
Labor?
Answer. If confirmed, I intend to work closely and collaboratively
with the Assistant Secretary of State for Democracy, Human Rights, and
Labor (DRL) and the DRL team to advance the fight against antisemitism
around the world. I recognize that my partnership with DRL will be
vital as we work through our embassies and consulates to monitor and
address antisemitism and other issues of human rights concern. If
confirmed, I intend to have regular meetings with DRL leaders and
experts and to encourage my staff to consult often with DRL experts, as
I understand they already do.
Question. Please describe how your office, if confirmed, will
contribute to the efforts of the office for International Religious
Freedom to produce annual country reports on religious freedom. Do you
believe there should be annual country reports on antisemitism and
efforts to combat antisemitism? If so, why? If not, why?
Answer. I understand that the Office of the Special Envoy to
Monitor and Combat Antisemitism works closely and collaboratively with
the Office of International Religious Freedom and has important input
into the International Religious Freedom Report, as well as the Country
Reports on Human Rights Practices, which both address antisemitism as a
significant issue.
If confirmed, my office will continue to provide invaluable input
into those reports, as is statutorily required by the Global
Antisemitism Review Act of 2004, which would not necessitate the
creation of another reporting process to which the Department and U.S.
embassies and consulates the world over would have to direct additional
resources. That said, I commit to consult with the committee on best
approaches to combat antisemitism.
Question. If confirmed, how will you work with the Special Envoy
for Holocaust Issues (SEHI) on the continuing desecration of Jewish
cemeteries in Europe?
Answer. If confirmed, I intend to work closely and collaboratively
with the Special Envoy for Holocaust Issues (SEHI) on issues of mutual
concern including the continuing desecration of Jewish cemeteries in
Europe. I understand that the Office of the Special Envoy to Monitor
and Combat Antisemitism works closely with SEHI on areas where
Holocaust issues and antisemitism overlap, such as historical
distortion, Holocaust denial, and rehabilitation of controversial
wartime figures. I understand that SEHI also advocates for the
preservation of Jewish cultural history in Europe, including
cemeteries.
If confirmed, I will coordinate closely with SEHI and the U.S.
Commission for the Preservation of America's Heritage Abroad on these
issues and condemn desecration of Jewish cemeteries in Europe.
Question. It has recently been suggested to us that the Government
of Lithuania may look to resolve the dispute over the Snipsikes
Cemetery in Vilnius by converting the Palace of Concerts and Sports
into a Holocaust Museum. How do you believe the Jewish communities in
the U.S., Europe, and elsewhere, will respond to this proposal?
Answer. I understand that the Biden administration's policy is that
any action taken with respect to Jewish heritage sites should include
government consultations with Jewish groups and other community
stakeholders to ensure that sites are treated with the proper respect
and consideration of their historic importance. If confirmed, I will
reach out to Jewish communities to ensure their views are heard.
Question. Do you believe that this proposal is an acceptable and
sensitive solution to this issue?
Answer. I understand that the Administration has not yet seen a
formal proposal from the Government of Lithuania for this site. As a
result, the Administration cannot comment on whether it is an
appropriate solution. If confirmed, I will engage with appropriate
officials with the goal of obtaining an acceptable and sensitive
solution.
Question. If, as many suspect, Russia invades Ukraine in the coming
weeks, many unfortunate issues may arise that find themselves in your
purview. The President of Ukraine, Volodymyr Zelensky, and some other
prominent defenders of Ukrainian sovereignty (like oligarch and former
governor of Dnipro region, Igor Kolomoisky) are Jewish. Do you have any
concern that their origins may precipitate violence specifically
against the Jews of Ukraine, or Jewish institutions?
Answer. I understand the Administration is deeply concerned about
all aspects of Russia further invading Ukraine, which would have dire
humanitarian and human rights implications. That is why deterrence
efforts are so critical, and why the Administration continues to urge
Russia to choose dialogue and de-escalation. I understand the
Administration is in close contact with members of the Jewish community
in Ukraine and associated Jewish groups in the United States and is
continuing to monitor the situation as events develop. At this point, I
am not aware of any particular threats to the Jewish community beyond
those posed to the Ukrainian population in general if Russia were to
invade.
Question. Ukraine holds many sites that are both religiously and
historically important to Jewish communities in Ukraine and around the
world. What do you believe can or should be done by the U.S. and its
allies to protect those sites in the event of military action in
Ukraine?
Answer. Destruction of cultural property during armed conflict is
an attack on the identity, history, and dignity of the communities it
represents. If confirmed, I will work with Department colleagues,
including the Office of the Special Envoy for Holocaust Issues, others
in the U.S. Government, and overseas partners to speak out against such
actions. I will also commit to using diplomatic, economic, and
political tools to work on preventing destruction of religiously and
historically important sites in Ukraine.
Question. What is your understanding of morale in the Office of the
Special Envoy to Monitor and Combat Antisemitism?
Answer. It is my understanding that morale in the Office of the
Special Envoy to Monitor and Combat Antisemitism has been high over the
past year, owing to the effective interim leadership of Senior Official
Kara McDonald (a career foreign service officer serving as a deputy
assistant secretary of state in the Bureau for Democracy, Human Rights,
and Labor) and to the quality of the personnel she has recruited to
staff the office.
Question. How do you intend to improve morale in the Office of the
Special Envoy to Monitor and Combat Antisemitism?
Answer. If confirmed, I will personally meet with each member of
the team during my first days on the job to glean staff members'
opinions on the office's priorities and operations, including areas of
room for improvement. If confirmed, I will maintain an open-door policy
whereby any team member can bring concerns or recommendations to me
directly. Open and frequent communication is key to fostering a
productive, efficient, and inclusive workplace.
Question. How do you intend to create a unified mission and vision
at the Office of the Special Envoy to Monitor and Combat Antisemitism?
Answer. If confirmed, I will move quickly and decisively to
undertake a thorough review of where our mission currently stands,
including by consulting with a broad array of Department of State and
other U.S. Government stakeholders active in the fight against global
antisemitism. After consulting with key members of my team and relevant
senior Department of State principals, I will lay out and clearly
explain my reasons for any proposed changes to the Office's activities
or new areas of emphasis. I will also champion an office-wide system of
continuous feedback, assessment, and recalibration to ensure buy-in and
sustained good counsel. Finally, if confirmed, I will work not only to
create a unified mission and vision for the office, but I will also
commit to consult with Congress on the mission and work of the office.
Question. How would you describe your management style?
Answer. I consistently seek to empower, to listen, and to learn
from the various experts on my team; to lead by example; and to ensure
clear, two-way communication. I always endeavor to ensure my teams are
diverse and inclusive and that there is equity in the work and in our
hiring and evaluation processes. I also seek to give my team members
wide latitude and autonomy to take ownership of initiatives and make
key decisions while also being a resource to them in case a new
situation or any doubts arise. I believe professional training and
development are essential, and, if confirmed, I intend to encourage
team members to avail themselves of all relevant training and
professional development opportunities at the Department of State.
Finally, I want to note my appreciation for the very capable interim
leadership of Senior Official Kara McDonald of this office, which I
know, if I am confirmed, will have paved the way for a smooth
transition for the entire team.
Question. Do you believe it is ever acceptable or constructive to
berate subordinates, either in public or private?
Answer. Absolutely not. I firmly believe it is unacceptable, not to
mention decidedly unproductive, to berate anyone under any
circumstance. If confirmed, I will pledge to only provide respectful,
clear, and constructive feedback to team members and will expect my
managers to do the same and hold accountable anyone who does not.
Question. How do you envision your relationship with your deputy?
Answer. If confirmed, I expect to continue to enjoy a close and
collegial relationship with the current Deputy Special Envoy or any
other deputy. I have known the current Deputy Special Envoy, Aaron
Keyak, for some time, during which we have developed an excellent
professional relationship. I have had the good fortune to collaborate
with him on a number of projects, including with respect to combating
antisemitism, prior to his joining the Department of State in late
2021. I know, respect, and trust Mr. Keyak and look forward to working
day in and day out with him on fighting global antisemitism, if given
the opportunity.
Question. How do you envisage your leadership relationship with
other bureau leaders whose portfolios may intersect with yours?
Answer. If confirmed, I intend to work closely and seamlessly with
the Assistant Secretary of State for Democracy, Human Rights, and
Labor, the Ambassador-at-Large for International Religious Freedom, and
other assistant secretaries of state to advance the fight against
antisemitism around the world. I recognize that my relationships with
the regional assistant secretaries, notably the Assistant Secretary of
State for European and Eurasian Affairs, will be vital as we work
through our embassies and consulates in Europe and elsewhere to monitor
and combat antisemitism. If confirmed, I also intend to partner with
the Special Envoy for Holocaust Issues to advance the United States'
work to push back against Holocaust denial and distortion.
Question. If confirmed, what leadership responsibilities do you
intend to entrust to your deputy?
Answer. If confirmed, I intend to delegate much of the day-to-day
management of the office to the Deputy Special Envoy, Aaron Keyak,
consistent with the approach of most of my predecessors. I will also
call on Mr. Keyak to serve as my surrogate when I am unavailable for
certain official duties.
Question. Do you believe that it is important to provide
subordinates with accurate, constructive feedback on their performance
in order to encourage improvement and reward those who most succeeded
in their roles?
Answer. I firmly believe in providing clear, constructive, and
respectful feedback on performance to every member of my team.
Similarly, if confirmed, I look forward to receiving constructive
feedback from my team members on my own performance as well. Providing
thoughtful feedback to subordinates not only encourages better
performance, but also engenders trust and mutual respect.
Question. If confirmed, would you support and encourage clear,
accurate, and direct feedback to employees in order to improve
performance and reward high achievers?
Answer. Yes, if confirmed, I will support and encourage clear,
accurate, and direct feedback to each employee in my chain of command
to improve performance and I will ensure high achievers are routinely
rewarded for their contributions.
Question. What is the public diplomacy environment like around the
world in relation to the Office of the Special Envoy to Monitor and
Combat Antisemitism?
Answer. In many parts of the world, the environment is challenging.
Antisemitic sentiment runs high in many countries. Even in countries
where the United States engages productively with governments on this
issue, conspiracy theories about Jews and overall antisemitism are on
the rise, notably throughout Europe. Malign actors use social media and
other online platforms to spread their antisemitic messages with
unprecedented speed and reach, including in some cases speech that may
incite violence. If confirmed, I look forward to partnering with public
diplomacy and other experts at the Department of State to enhance our
strategies for condemning and countering antisemitic rhetoric while
respecting freedom of expression, including by providing accurate
counter-messaging in the online space.
Question. What public diplomacy challenges do U.S. diplomats face
in relation to the Office of the Special Envoy to Monitor and Combat
Antisemitism?
Answer. As I note in the answer above, the public diplomacy
environment overseas is challenging when it comes to fighting the
scourge of antisemitism. U.S. diplomats in many countries around the
world contend with entrenched antisemitic views among government
officials, within society at large, in local media, and online. If
confirmed, I look forward to partnering with the public diplomacy and
other experts at the Department of State to provide our forward-
deployed diplomats with tools to undermine conspiracy theories about
Jews, to advance messaging on interfaith dialogue and harmony, and to
condemn and counter antisemitic rhetoric and narratives.
Question. How do you balance the importance of Main State versus
the in-country mission when it comes to tailoring public diplomacy
messages for foreign audiences?
Answer. While recognizing the importance of sound, coherent
messaging being formulated at the headquarters level, I also appreciate
that the public diplomacy environment for combating antisemitism and
promoting religious freedom varies from country to country--and often
with regard to different populations within the same country. As such,
I believe that U.S. embassies and consulates play an important role in
shaping, prioritizing, and sequencing public messaging and social media
campaigns on these issues.
Question. Regarding ``Anomalous health incidents.'' If confirmed,
do you commit to taking this threat seriously?
Answer. Yes. I take nothing more seriously than the health and
security of the people who will work with me and, if confirmed, and I
will ensure that any reported incident under my watch will receive an
appropriate medical and security response. Secretary Blinken
prioritizes the Department's response to AHIs, setting clear goals for
the Health Incident Response Task Force to strengthen the Department's
communication with its workforce and providing care for affected
employees and family members.
Question. Regarding ``Anomalous health incidents.'' If confirmed,
do you commit to talking as openly as you can to the Office of the
Special Envoy to Monitor and Combat Antisemitism?
Answer. Yes, if confirmed, I commit to engage my team members on
this issue as openly as possible. I take nothing more seriously than
the health and security of the people who will work with me. I commit
to working with health and security officials and other parties as
recommended.
__________
Responses to Additional Questions for the Record
Submitted to Dr. Deborah E. Lipstadt by Senator Marco Rubio
Question. Do you recognize that, if confirmed, your personal
statements and tweets, even if not made in an official setting, may be
perceived to be the views of the United States?
Answer. Yes, I recognize that, if confirmed to this position, my
words both official and unofficial will carry significant diplomatic
importance to the interests of the United States. As such, if
confirmed, I commit to following all guidance from the Department of
State regarding diplomatic conduct and Public Diplomacy efforts,
including guidance as it pertains to the use of social media.
Question. If confirmed, do you commit to uphold the non-partisan
nature of the position you hold?
Answer. As I said in my hearing before the Senate Foreign Relations
Committee, I am an equal opportunity foe of antisemitism. If confirmed,
I pledge to call out global antisemitism wherever it is found. It is my
firm belief that those who are only interested in finding
antisemitism--or any form of prejudice--on the opposite end of the
political spectrum are more interested in weaponizing antisemitism than
fighting it. If confirmed, I commit to upholding and cementing the
nonpartisan nature of my position, as a nonpartisan approach is
fundamental to meaningfully combating antisemitism.
Question. If confirmed, do you commit to not making statements
unbecoming of a public official that speaks on behalf of all Americans?
Answer. Yes. If confirmed, I commit to meeting the exceptionally
high standards required for the words and conduct of an official
representative of the United States, in engagements both public and
private, overseas and domestic.
Question. If confirmed, do you commit to making yourself, and your
staff, available to provide briefings as requested to my office and
others?
Answer. If confirmed, I pledge to make myself and my staff
available to provide briefings to your office and to others, both upon
request as well as proactively on matters of significance.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Laura Farnsworth Dogu by Senator Robert Menendez
Question. On March 9, 2021, the U.S. Embassy in Honduras issued a
disaster declaration in response to crisis levels of food insecurity.
The disaster declaration for Honduras was reissued for FY 22 due to
unmet needs caused by hurricanes Eta and Iota and the impacts of the
pandemic. In recent weeks, I led a letter, alongside 32 of my
Democratic colleagues in the Senate, calling for Temporary Protected
Status redesignations for Honduras--as well as for Guatemala, El
Salvador, and Nicaragua.
Can I have your commitment that you will independently assess
country conditions and make a recommendation to the State
Department and the Department of Homeland Security during your
first 100 days as U.S. Ambassador to Honduras?
Answer. If confirmed, I commit to prioritizing the Department's
understanding of basic humanitarian needs in Honduras during my first
100 days and to considering, as appropriate, the wide variety of tools
available through the Department and the interagency, including
possible Temporary Protected Status (TPS) designation.
Question. Will you directly brief my office on your findings?
Answer. If confirmed, I commit to working with the Department to
provide briefings to members of congress and staff as requested.
Question. What steps will you take to address mis- and
disinformation about TPS and U.S. immigration policy so that the
Administration can do right by the people in Central America while also
ensuring that we prevent mass movements to the border of people who
would never qualify for TPS?
Answer. Interrupting the messaging of unscrupulous actors peddling
false information about U.S. immigration policy is a top priority for
addressing migration challenges in the region and at our border. The
Department strengthened its outreach to communities within migrant-
sending countries, including Honduras, and simultaneously intensified
outreach to Central American diaspora communities within the United
States, using media interviews and social media amplification to
provide prompt, accurate information about TPS. We monitor dis- and
misinformation about U.S. immigration policy and push out tailored
responses with accurate information, including through support to our
international partners to develop targeted community-based messaging
campaigns. If confirmed, I will support ongoing programs through the
U.S. Agency for International Development, the Bureau of Democracy,
Human Rights and Labor (DRL), the Bureau of International Narcotics and
Law Enforcement Affairs (INL), the Bureau of Population, Refugees, and
Migration (PRM), and others that already strive to target the
communities most likely to send irregular migrants to the United States
and encourage my teams to work together on creative and effective
messaging efforts. I will also remain closely engaged with the
Department and the interagency on stakeholders' outreach efforts to
reduce pull factors for irregular migration.
Question. Ambassador Dogu, former Honduran President Juan Orlando
Hernandez has been directly implicated in significant drug trafficking
activities. Last week, I wrote to Secretary Blinken and Secretary
Yellen, urging them to publicly hold Hernandez accountable for his
criminal actions by revoking his visa and designating him as a
``significant foreign narcotics trafficker'' under the Kingpin Act.
If confirmed as our next ambassador to Tegucigalpa, what additional
steps would you take to hold Hernandez accountable?
Additionally, what measures will you apply to Honduran
officials that place their participation in drug trafficking
and criminal activity above the interests of the Honduran
people?
Answer. On February 7, the Department publicly announced former
President Hernandez's inclusion on the United States' Corrupt and
Undemocratic Actors list, under Section 353 of the United States-
Northern Triangle Enhanced Engagement Act, which generally makes the
listed individuals ineligible for visas and admission to the United
States. The Department included Hernandez on the list on July 1, 2021.
The Department employs multiple tools to promote rule of law and fight
impunity around the world and seeks constantly to address the
challenges posed by the evolving nature of transnational organized
crime and drug traffickers.
In addition to the U.S. Government's existing tools, we publicly
committed to supporting President Castro's request to the United
Nations for support in establishing an anticorruption mission. We
already collected best practices and lessons learned from
anticorruption commissions throughout the region and will work with the
U.N. and Honduras to ensure new efforts incorporate these standards and
build off existing anticorruption mechanisms already working in
Honduras. If confirmed, I will also continue to advance these policies
by supporting the work of other agencies responsible for pursuing
justice in these cases.
Question. I am very concerned about directed energy attacks on U.S.
Government personnel (so-called Anomalous Health Incidents). Ensuring
the safety and security of our personnel abroad falls largely on
individual Chiefs of Mission and the response of officers at post. It
is imperative that any individual who reports a suspected incident be
responded to promptly, equitably, and compassionately.
Do you agree these incidents must be taken seriously, and pose a
threat to the health of U.S. personnel?
Answer. Yes. I take nothing more seriously than the health and
security of the people who will work with me, and, if confirmed, I will
ensure that any reported incident that falls under my Chief of Mission
authority will receive an appropriate medical and security response.
Secretary Blinken prioritizes the Department's response to AHIs,
setting clear goals for the Health Incident Response Task Force to
strengthen the Department's communication with its workforce and
providing care for affected employees and family members.
Question. If confirmed, do you commit to ensuring that any reported
incident is treated seriously and reported quickly through the
appropriate channels, and that any affected individuals receive prompt
access to medical care?
Answer. Yes. I will do everything possible to ensure that employees
who report a possible AHI receive immediate and appropriate attention
and care and the incident is reported through appropriate channels.
Question. Do you commit to meeting with medical staff and the RSO
at post to discuss any past reported incidents and ensure that all
protocols are being followed?
Answer. Yes. Again, if confirmed, I will take nothing more
seriously than the health and security of the people working at U.S.
Embassy Tegucigalpa. I commit to working with health and security
officials and other parties as recommended.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Laura Farnsworth Dogu by Senator James E. Risch
Question. How would you characterize the incoming Honduran
Government's views of the United States?
Answer. The Department invested in developing a productive
relationship with the Castro administration, beginning during the
campaign. U.S. Embassy Tegucigalpa personnel met with President
Castro's transition team, and the U.S. Government sent high-level
interlocutors, including Vice President Harris, to demonstrate U.S.
support for some of President Castro's initiatives, including on
anticorruption. President Castro will not fully align with the United
States on every policy issue, but she repeatedly stressed her hope that
the United States will remain Honduras' preferred partner on her top
priorities. If confirmed, I will strive to maintain that status as
Honduras' preferred partner by working together on our shared
priorities, including countering corruption and drug trafficking,
strengthening democratic institutions, rebuilding the economy,
improving security, and increasing respect for human rights, all of
which will contribute to decreasing irregular migration.
Question. Please describe the top U.S. law enforcement priorities
in Honduras.
Answer. Honduras remains a significant transshipment point for drug
traffickers and transnational criminal organizations, and Honduras is
both a source and transit country for irregular migration. U.S. law
enforcement policy takes a broad approach to combating drug
trafficking, including through training and professionalization of
Honduran police services, strengthening efforts to humanely manage
migration, including identifying unaccompanied children in need of
child welfare services, strengthening the rule of law and the
judiciary, and developing economic opportunities.
If confirmed, I would look forward to cooperating with President
Castro on her push to improve citizen security, including by increasing
respect for human rights, improving mechanisms for combating sexual and
gender-based violence, and strengthening relations between police
services and local communities.
Question. Political disagreements in the National Congress of
Honduras have ignited a legitimacy crisis with potential long-term
negative consequences for governability in the country.
Is the current Honduran legislature functioning under a
constitutional framework? If not, what needs to happen to
achieve that?
Answer. The political crisis in the Honduran National Congress
tarnished the otherwise strong start of the Castro administration.
Civil society, government actors, and others question the
constitutionality of the claims to the presidency of Luis Redondo, the
declared president of the congress, and Redondo passed an amnesty law
for former President Manuel Zelaya's supporters without the full
support of the congress. While the matter is internal and for Honduras
to resolve, U.S. Embassy Tegucigalpa and Honduras' bilateral and
multilateral partners have offered Honduras support in resolving the
crisis since the beginning. Additionally, the Department communicated
its concerns regarding the need to reinforce, not weaken, democratic
institutions and rule of law through Embassy and Washington channels.
If confirmed, I will work with the Department, the interagency, and the
U.S. Congress to ensure we deploy the appropriate tools for addressing
this crisis.
Question. How would you describe the Administration's views on the
legality of measures adopted by the National Congress of Honduras led
by Mr. Luis Redondo and assembled on January 21?
Answer. The Biden-Harris administration remains troubled by
concerns that the Honduran National Congress has acted beyond its
authority in enacting significant laws before ensuring the president of
the congress had full authority to do so. If confirmed, I would work
closely with the Honduran Government, civil society, and international
partners to help ensure respect for democratic institutions and
processes as well as the separation of powers.
Question. Please describe the importance of the 2019 Asylum
Cooperative Agreement (ACA) with Honduras in incentivizing the
Government to adhere to international commitments to increase asylum
capacity.
In your opinion, did the Administration wrongfully terminate the
agreement in 2021 before it had the opportunity to take effect
and have meaningful results?
Answer. The 2019 Asylum Cooperative Agreement (ACA) shifted the
burden of the U.S. asylum system to other countries in the region,
including Honduras. I remain unaware of any way in which the ACA
incentivized Honduras to build up its asylum capacity. Rather, its
implementation would have placed undue pressure on the country's
nascent asylum system without providing sufficient time or resources to
build domestic capacity. Independent of the ACA framework, the United
States continues to support Honduran efforts to build its asylum
capacity in a sustainable manner, as well as to respond to the
protection needs of internally displaced Hondurans, in line with
Honduras' national action plan commitments under the Comprehensive
Regional Protection and Solutions framework; better known by its
Spanish acronym, MIRPS. The Biden-Harris administration believes there
are more suitable ways to confront regional protection and irregular
migration challenges.
Question. If confirmed, would you advocate for the U.S. to leverage
existing bilateral extradition treaties and Palermo protocols to
prosecute transnational criminal actors who facilitate human smuggling
and human trafficking?
Answer. As a party to the U.N. Convention Against Transnational
Organized Crime and its optional protocols, Honduras has obligations to
criminalize human trafficking and migrant smuggling. Honduran law
criminalizes all forms of trafficking in persons and the Government
maintains a specialized anti-trafficking prosecution unit. If
confirmed, I will support U.S. efforts to build the skills of officials
in this unit and will engage the Honduran Government to allocate
increased resources to augment and sustain the unit's capacity. I will
also support the work of Joint Task Force Alpha, the U.S. Department of
Justice and U.S. Department of Homeland Security partnership to combat
dangerous human smuggling and trafficking activity in Honduras and
elsewhere in the region by working with our partners to increase both
U.S. and foreign prosecutions of such criminal actors and
organizations, including by pursuing extraditions in appropriate cases
consistent with U.S. law and our treaty obligations.
Question. The Central American Agreement for Free Mobility (CA-4)
requires citizens from Central America to show only a legal
identification document, not a passport or visa to enter other
participating countries. This has effectively placed all immigration
enforcement north on Mexico and the U.S. If confirmed, would you commit
to advocating for adoption and implementation of stronger visa
requirements among the CA-4 countries?
Answer. The Central American Agreement for Free Mobility (CA-4)
significantly improves regional integration. The agreement has served
as a linchpin of improving economic ties in the region. It has
documentation requirements that, if enforced, should assist in
deterring irregular migration. If confirmed, I will continue to
encourage these countries to humanely enforce their respective
immigration laws and policies, including enforcing document
requirements under CA-4, and to secure their borders.
Question. In the State Department's 2021 Trafficking in Persons
report, Honduras was identified as a Tier 2 state, due to overall
increasing efforts to eliminate human trafficking, but failed in key
areas, like lowered penalties for trafficking crimes and fewer victims
identified in the reporting year.
If confirmed, how will you work with the Honduran Government to
address these issues?
Answer. If confirmed, I would work across the interagency and with
all the tools available to me to address shortcomings in Honduras'
anti-trafficking efforts identified in the annual Trafficking in
Persons Report. In addition to the work we do to train and
professionalize police services and to improve identification and
assistance to trafficking victims among migrants, I would ask the
Embassy team to engage with the congress, government and non-
governmental service providers, the judicial system, and law
enforcement in Honduras to improve the local response to criminals
preying on vulnerable communities.
Question. The State Department's Office to Monitor and Combat
Trafficking in Persons has several successful programs in the region
that could be beneficial in Honduras and within the hemisphere. If
confirmed, how will you bolster these efforts with the office to combat
and monitor trafficking in persons?
Answer. If confirmed, I will seek to engage the U.S. Government to
respond to our priorities in Honduras, including requesting programs
through our Trafficking in Persons Office and coordinating across the
interagency to integrate anti-trafficking components into related
programs. I will build on the Trafficking in Persons Office's current
efforts in Honduras to enhance victim protection services and
strengthen the capacity of law enforcement and public officials at the
local and national level to effectively investigate and prosecute
trafficking crimes. I will encourage the Embassy team to think
creatively about responding to local challenges, and I will support
outreach within the region to identify best practices and lessons
learned in implementing programs to address the needs of vulnerable
communities.
Question. If confirmed, how would you and your mission work with
the Honduran Government to improve migration processing, including
asylum claims?
Answer. I remain committed, if confirmed, to supporting continuing
collaboration with our Honduran counterparts both bilaterally as well
as through regional fora such as the Comprehensive Regional Protection
and Solutions Framework (or MIRPS in Spanish)--for which Honduras holds
the 2022 presidency pro tempore--and the Regional Conference on
Migration to advance shared strategic solutions to humanely manage
migration in the region. These strategies include enforcing borders and
immigration laws while ensuring access to protection for those in need;
enhancing lawful migration pathways including labor opportunities; and
combatting migrant smuggling and human trafficking. In addition to
coordinating through multilateral fora, I will support the Department's
ongoing efforts through international organization and NGO partners to
help the Honduran Government build its capacity to register and process
asylum claims, respond to the needs of internally displaced persons,
and humanely enforce its borders. These efforts include technical
advisory assistance, support for staff, training, equipment, and other
needs related to sustainably increasing migration management
capacities.
Question. Please explain your understanding of China's presence and
interests in Honduras.
Answer. The People's Republic of China (PRC) attempted to make
inroads in Honduras with vaccine diplomacy. On June 1, 2021, former
President Juan Orlando Hernandez announced he would open a commercial
office in Shanghai to facilitate the sale and delivery of COVID-19
vaccines. Ultimately, Honduras never opened the office as supply
urgency abated. During her campaign, President Castro suggested she
would consider switching Honduras' diplomatic ties from Taipei to
Beijing, but she appears to have reconsidered that position. The PRC
has some investments in Honduras but does not have a high profile. If
confirmed, I commit to working diligently to expose the risks
associated with ties to Beijing and the benefits associated with
continued diplomatic ties with Taipei.
Question. Honduras is one of the last 14 countries to maintain
diplomatic ties with Taiwan. Honduran President Castro vowed during her
campaign to switch the country's recognition to China; however, the new
Government noted it would maintain diplomatic ties with Taiwan.
Honduran Foreign Minister Eduardo Enrique Reina stated last week that
Honduras' relationship with Taiwan will remain fluid.
If confirmed, what action would you take to encourage Honduras to
maintain its recognition of Taiwan?
Answer. If confirmed, I commit to highlighting the value of strong
ties to Taiwan. The United States, under the auspices of the American
Institute in Taiwan, works with Taiwan's overseas offices to identify
and promote opportunities for cooperation. I would encourage my team to
continue working with local partners on areas for Taiwan's cooperation
with Honduras and to develop creative opportunities for Taiwan to raise
its profile with the Honduran Government and people.
Question. In 2008, the Chinese company Huawei opened an office in
Honduras, and it's now the main provider for telecommunications
companies in the country. How would you urge Honduras to choose
trustworthy suppliers for their critical infrastructure/telecom?
Answer. The United States supports efforts to ensure countries,
companies, and citizens realize the promise of 5G wireless networks,
and we encourage governments and telecom operators to prioritize
security when building their broadband cellular network infrastructure.
We welcome collaboration with allies and other partners to ensure our
shared security in a 5G future and beyond. Each country must make a
sovereign decision about its national and economic security. The Biden-
Harris administration remains committed to ensuring U.S.
telecommunications networks do not use equipment from untrusted
vendors. Countries and their citizens need to be able to trust that 5G
equipment and software will not introduce risks that threaten national
security, economic interests, privacy, or human rights. Trust cannot
exist where information and communications technology and services
providers remain accountable to authoritarian governments like the PRC,
which subject domestic companies to broad intelligence and national
security laws and lack an independent judiciary and the rule of law to
protect companies and consumers. If confirmed, I will collaborate with
partners like Honduras to ensure our shared security in a 5G future.
Question. Honduran President Castro has embraced the Maduro regime
and no longer recognizes Juan Guaid" as the elected leader of
Venezuela. Do you agree with the Honduran Government's decision? If
not, who should be viewed as the rightful Venezuelan leader?
Answer. I regret that President Castro moved so quickly to
recognize a regime that has contributed to the largest humanitarian
crisis in recent history in the region. The United States continues to
recognize the legal authority of the democratically elected 2015
National Assembly and the person chosen by this National Assembly to be
constitutional interim President of Venezuela, Juan Guaid". If
confirmed, I will stress the importance of strong, representative,
democratic leadership for the region, grounded in democratic
institutions and processes.
Question. How do you plan to engage the Honduran Government to
reverse course to restore democracy in Venezuela?
Answer. If confirmed, I will use the tools and support available to
me through the U.S. Government to highlight the dangers posed by the
Maduro regime, and the benefits of supporting the return of democracy
in Venezuela. I will draw on my experience as U.S. Ambassador to
Nicaragua, home of another difficult regime in the region, to inform my
actions.
Question. Many U.S. missions have been under enormous stress over
the last few years, in large part due to COVID.
What is your understanding of morale throughout Mission
Tegucigalpa?
Answer. I understand morale remains good. Like all missions,
Mission Honduras has been affected by the COVID-19 pandemic. The
Department's provision of COVID-19 vaccines and boosters, as well as
pediatric vaccines has been a tremendous help to the Mission and a huge
help to morale of employees and family members. The international
school's transition from a fully virtual to hybrid learning environment
this school year also provided welcome relief to families. Outdoor
events organized by the Embassy's Community Liaison Office that
celebrated U.S. holidays enabled families to socialize in person and
strengthened resilience and a sense of community. Although the recent
Omicron surge in Honduras necessitated a return to virtual-only events,
the community understands the importance of mitigating the COVID-19
risk and looks forward to a time when in-person events might again be
possible.
Question. How do you intend to improve morale at Mission
Tegucigalpa?
Answer. I specialize in building strong and resilient teams whose
members support each other, especially during difficult periods. If
confirmed, I would begin my tenure as Ambassador by maintaining a focus
on our people, ensuring we fully utilize available tools to care for
our employees and their families. I would review eligible family member
employment available through the Embassy and Washington hiring
mechanisms to ensure qualified applicants are able to deploy their
talents in support of the United States while developing their own
careers. While it may not always be possible to work in the same space
or relax together in person in the COVID-19 era, employees can and
should feel energized and proud of the impact their important work is
having both in the United States and in Honduras.
Question. How do you intend to create a unified mission and vision
at Mission Tegucigalpa?
Answer. For a mission to be successful, each agency and their
employees must have a solid understanding of our overall goals and
strategy, and we must create an inclusive mission culture. All agencies
and all employees must support the Integrated Country Strategy
objectives and understand the role they as individuals play so that
they will be fully invested in its success. Beginning with my arrival
at post, I would regularly share our vision with all Mission members
and develop diverse and interagency work teams within an inclusive
environment to support accomplishing these objectives. I understand a
new Integrated Country Strategy is being developed now with the input
from all agencies, and if confirmed, I would ensure that all employees,
not just the section or agency heads, understand the important role
they play in helping achieve the Mission objectives.
Question. Management is a key responsibility for Chiefs of Mission.
How would you describe your management style?
Answer. My management style prioritizes taking care of our people
first, including their families, and demonstrating the highest level of
ethics and integrity in my work. I expect teams I lead to do the same.
I will make it clear I expect the professionals in Mission Tegucigalpa
to do the right thing the right way but also to innovate and embrace
change with a focus on achieving results. I will encourage those I rely
on for support to provide honest and creative advice. I will always
remind my team that they are ultimately responsible to the American
people, and they should view their work not only through a foreign
policy lens but also through a U.S. domestic policy lens. If our work
does not benefit the American people, we need to redirect our efforts.
Finally, diplomacy is changing, and I look forward to supporting
Department of State actions to build a new Diplomacy for the 21st
Century and will encourage Mission Tegucigalpa's active participation
in these efforts. I believe in empowering our talented employees and
supporting their efforts.
Question. Do you believe it is ever acceptable or constructive to
berate subordinates, either in public or private?
Answer. It is never acceptable to berate subordinates. Everyone
deserves to be treated with respect and dignity both in public and in
private.
Question. How do you envision your leadership relationship with
your Deputy Chief of Mission?
Answer. The role of the Deputy Chief of Mission (DCM) and the DCM's
partnership with the Ambassador remains critical to the success of an
Embassy. I intend to fully partner with and empower the DCM to serve as
the Embassy Chief Operating Officer and as someone prepared to step in
as Charge d'Affaires, if needed.
Question. If confirmed, what leadership responsibilities do you
intend to entrust to your Deputy Chief of Mission?
Answer. While the Ambassador ultimately takes responsibility for
all operations of the Mission, I intend to empower the Deputy Chief of
Mission (DCM) to serve as the Chief Operating Officer, handling the
day-to-day operations of the Embassy, including the coordination of the
work of all federal agencies. The partnership between the Ambassador
and DCM remains critical and I will ensure we make a tight team. I will
support the DCM's work heading up the Emergency Action Committee, the
Law Enforcement Working Group, and other working groups in the Mission
as well as supporting the employee-led Mission Diversity and Inclusion
Council. The DCM would also lead development programs for all First and
Second Tour employees from all agencies while also helping develop mid-
level leaders throughout the Mission. Finally, I believe the DCM can
and should assist me in supporting the requirements of the members of
Congress, including official visits.
Question. In order to create and continue employee excellence at
the Department, accurate and direct employee evaluation reports (EERs)
for Foreign Service Officers are imperative, though often lacking.
Do you believe that it is important to provide employees with
accurate, constructive feedback on their performances in order
to encourage improvement and reward those who succeed the most
in their roles?
Answer. I strongly support providing all employees with accurate
and constructive feedback. As Ambassador, I would do this personally
with employees working directly for me, but I would also ensure this
remains a priority for all managers in the Mission. Feedback begins
long before the official EER is written and also includes nominating
all qualified employees for awards for outstanding performance.
Question. If confirmed, would you support and encourage clear,
accurate, and direct feedback to employees in order to improve
performance and reward high achievers?
Answer. Yes. If confirmed, I would support and encourage clear,
accurate, and direct feedback to employees.
Question. It is imperative that U.S. diplomats get outside of posts
abroad to meet with local actors, including host-government officials,
non-government organizations, and fellow foreign diplomats stationed in
Honduras.
In your opinion, do U.S. diplomats get outside of our Embassy walls
enough to accomplish fully their missions?
Answer. I believe building a large and diverse network across the
entire country remains an essential requirement for any diplomat. If
confirmed, I would support Embassy employees engaging with as many
different groups as possible outside the Embassy. While many conditions
(security, pandemic restrictions, weather) can temporarily impact the
ability to meet in-person outside the Embassy, we must continue to find
a way for our team to safely engage. I would work with appropriate
personnel in the Embassy to ensure U.S. diplomats can fully accomplish
their mission.
Question. How do you intend to improve the ability of U.S.
diplomats to better access all local populations?
Answer. Accessing all local populations remains a key part of
diplomacy. I would ensure that we appropriately share finite security,
transportation, and representational resources across the Mission to
allow for access to all local populations. I would also encourage
different agencies and sections to work together to reach many
different populations.
Question. Public diplomacy is an important aspect of U.S. foreign
policy efforts. What is the public diplomacy environment like in
Honduras?
Answer. Embassy Tegucigalpa's Public Affairs Section (PAS) advances
U.S. foreign policy priorities through programs and messaging related
to migration, anti-corruption, support for democracy and civil society,
the fight against transnational crime, and other bilateral priorities.
Honduras' media environment remains open to Embassy messaging, and PAS
has historically found audiences receptive to a broad spectrum of U.S.
Government messages and public programs. This includes programs to
improve quality of life for disadvantaged communities, including
through English language education, a women's entrepreneurship program,
and a public messaging campaign to reduce violence against women.
Question. What public diplomacy challenges do U.S. diplomats face
there?
Answer. Embassy Public Affairs Section (PAS) programs address
challenges to educational exchange, including low levels of education,
lack of access to the Internet, and limited English language skills.
PAS works to improve professionalism among Honduran media outlets by
offering professional development opportunities to Honduran
journalists, working to improve the quality of their reporting on
issues like corruption, rule of law, and other key bilateral interests.
Question. How do you balance the importance of Main State versus
the in-country mission when it comes to tailoring public diplomacy
messages for foreign audiences?
Answer. The Department in Washington sets policy and messaging
priorities based on administration goals, while Embassy Public Affairs
teams use their on-the-ground understanding of the media environment,
local audiences, and prevailing political conditions in Honduras to
convey persuasive messages that advance U.S. objectives. When a policy
objective would benefit from the Washington bullhorn, we work with the
Embassy to shape a media statement or tweet to effectively reach
audiences in country. At all times, the Embassy Public Affairs
professionals work closely with counterparts across the interagency to
select the proper tool and channel to achieve a desired result. While
the media and government officials monitor messages from Washington and
value them greatly, the average Honduran is more interested in
messaging from the Embassy. In the realm of migration information,
information flowing through diaspora and smuggling networks have more
sway than official messages from the U.S. Government, either in country
or in Washington, though evidence shows that Hondurans consider U.S.
Government information about immigration rules reliable.
Question. ``Anomalous health incidents,'' commonly referred to as
``Havana Syndrome,'' have been debilitating and sidelining U.S.
diplomats around the world for years. They have caused serious,
negative consequences for U.S. diplomacy, yet many believe that the
Department is not doing enough to care for, protect, and communicate to
its personnel.
If confirmed, do you commit to taking this threat seriously?
Answer. Yes, I commit to taking this threat seriously.
Question. If confirmed, do you commit to talking as openly as you
can to Mission Tegucigalpa personnel?
Answer. Yes, I commit to talking as openly as I can with Mission
Tegucigalpa personnel.
Question. In the State Department's 2020 International Religious
Freedom report, Honduras was identified as lacking societal respect of
religious freedom, particularly in regards to anti-Muslim rhetoric and
behavior.
What is your assessment of this particular issue?
Answer. I believe in the right of every person to practice religion
or not in the manner that best responds to their beliefs and
preferences. If confirmed, I will call for tolerance and respect
between adherents of all faiths and practices, provided they do not
interfere with the rights of others.
Question. If confirmed, how will you work with the Ambassador-at-
Large to bolster religious freedom in-country?
Answer. If confirmed, I will welcome the experience and ideas of
the Ambassador-at-Large to promote religious freedom in Honduras. I
will work with the Embassy community to identify challenges and
opportunities both within the Mission and within the country for us to
promote a message of support and openness to all expressions of faith.
Question. In the State Department's 2020 Human Rights Report,
Honduras was identified as having committed severe human rights abuses,
like corruption, unlawful killings, threats and violence against free
media, lack of accountability for those who commit human rights abuses,
violence against women, among many more.
If confirmed, what steps will you take to address these instances
with the host government?
Answer. U.S. Embassy Tegucigalpa tracks human rights cases and
abuses carefully, and various offices in the Mission and across the
U.S. Government contribute to the Embassy's understanding of and
ability to engage on these cases. If confirmed, I commit to actively
supporting the Embassy team in policy and programming endeavors to
advance respect for and protection of human rights. President Castro
highlighted citizen security as a priority, and we share her concerns
as we see insecurity as a driver of irregular migration. I will draw on
my experience in the State Department and the Department of Defense to
identify areas of engagement and innovative approaches to strengthening
respect for human rights in Honduras.
Question. How will you direct your Embassy to work with civil
society organizations to improve the human rights situation on the
ground?
Answer. U.S. Embassy Tegucigalpa already engages with civil society
organizations and human rights institutions to follow human rights
cases. If confirmed, I will empower the officers and staff working on
human rights to seek meetings and activities that will advance U.S.
interests in promoting respect for and protecting human rights in
Honduras. I will make myself available to deliver hard messages, as
appropriate, and to celebrate advances, and I will encourage broad use
of funds and programming available through the interagency that support
civil society organizations.
Question. How will you work with the relevant Ambassadors at Large
within the Department to combat these major human rights issues?
Answer. If confirmed, I will welcome the expertise and experience
of the Ambassadors-at-Large with a focus on the various human rights
issues in Honduras. I will ask my team to identify gaps in our
programming and outreach efforts and to make contact with the offices
of the Ambassadors-at-Large to identify any possible cooperation
opportunities.
Question. If confirmed, do you commit to raising these human rights
concerns within your first 100 days of your tenure?
Answer. Yes, if confirmed, I commit to raising human rights
concerns within the first 100 days of my tenure and will also continue
to raise them, as appropriate, throughout my time as Ambassador.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Laura Farnsworth Dogu by Senator Tim Kaine
Value-Added Tax
Question. U.S. companies operating in Honduras play an important
role in increasing government revenue, creating jobs, and stimulating
local economies. Improving the environment for U.S. investment by
ensuring businesses are treated fairly and transparently are critical
to addressing the root causes of migration. Unfortunately, U.S.
companies continue to report significant over-withholdings of value
added tax (VAT) and income taxes, and delays or denials in millions of
dollars of tax refunds to which they are lawfully entitled.
If confirmed, how will you ensure the Department works with the
Castro administration to fulfill the legal and financial
obligations necessary to foster an attractive investment
environment and stimulate economic growth, including the timely
refund of excess taxes paid by U.S. companies? What specific
actions will you take to ensure the Castro administration
implements effective remedies to expedite approved refund
payments?
Answer. The United States worked to improve the investment climate
in Honduras for U.S. investors for many years. We strive to increase
predictability, rule of law, and international best practices with
Honduras' Government institutions. If confirmed, I will use the array
of mechanisms available to the Department and through the interagency
to ensure Honduras respects its commitments under investment
mechanisms, including CAFTA-DR, and that U.S. investors can obtain
effective relief from excessive tax withholding.
Rule of Law
Question. An independent judiciary and fair, consistent application
of legal precedent is critical to fostering predictability for U.S.
investors considering opportunities in Honduras. President Biden's Root
Causes Strategy highlights that weak rule of law, lack of transparency,
and corruption deter much needed foreign investment in the region.
As Ambassador, what steps would you take to encourage the
Government of Honduras to strengthen the rule of law and foster
a business-enabling environment for inclusive economic growth,
especially regarding the fair and equitable treatment of
critical investments by the U.S., and particularly in the CEMAR
case?
Answer. The Department, the U.S. Agency for International
Development, and other agencies active at post work on rule of law
programming to strengthen the justice sector in Honduras. These
programs seek to create predictability and accountability in Honduras'
Government institutions and to render those institutions worthy of
confidence from citizens and investors. If confirmed, I will promote
the existing programs and work with my team to develop creative
responses to evolving situations, especially those involving U.S.
investors. A strengthened justice sector will advance several U.S.
priorities in Honduras, including fighting corruption, increasing
citizen security, and supporting economic development. I cannot comment
on the specifics of any case, but if confirmed, I commit to asking my
team to provide me with the information I need to help U.S. investors
pursue resolution of their disputes and to meeting with those investors
as appropriate.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Laura Farnsworth Dogu by Senator Marco Rubio
Question. Last month, Honduras inaugurated Xiomara Castro to serve
as its new President. She replaces Juan Orlando Hern ndez, under whose
administration Honduras has pursued a broadly pro-American policy. For
example, Honduras joined the U.S. in multilateral initiatives to
support the interim Government of Venezuela and to impose sanctions on
the D!az-Canel/Castro regime in Cuba.
What is your assessment of how Honduras will approach its
relationship to the United States under President Castro?
Answer. I understand the Department devoted significant effort to
developing a positive relationship with President Xiomara Castro and
her administration, beginning during the campaign. U.S. Embassy
Tegucigalpa personnel met with Castro's transition team, and the U.S.
Government sent high-level interlocutors, including Vice President
Harris, to demonstrate U.S. support for some of President Castro's
initiatives. Castro will not fully align with the United States in
every policy, but she repeatedly stressed her hope that the United
States will remain Honduras' preferred partner on her top priorities.
If confirmed, I will strive to build on the existing positive
relationship to accomplish progress on our shared priorities, including
countering corruption and drug trafficking, rebuilding the economy,
improving security, and strengthening respect for human rights, all of
which will contribute to a reduction in irregular migration. President
Castro's victory as an opposition candidate in a free and fair election
also sent the region a positive signal about democratic governance.
Question. What is your assessment of the new Honduran Government's
plans to overhaul the Honduran economy?
Answer. I understand President Castro campaigned heavily on the
need for economic recovery, and she focused on the need for improved
rule of law--especially with regards to fighting corruption--as a
central part of that plan. Honduras struggles with a low-skilled
workforce, limited preventive healthcare options, and other challenges
to economic development, but President Castro has the attention of the
international community and the Honduran private sector. If confirmed,
I will work to maintain President Castro's focus on improving the
business and investment climate and on creating conditions for private
sector-led economic development. I welcomed the announcement that the
United States would facilitate delivery and deployment of pediatric
vaccines to help get the schools open after a two-year hiatus.
Question. How do you think these initiatives will interact with the
Biden administration's policy to counter the root causes of migration?
Answer. The Biden-Harris administration stresses the importance of
private sector-led development and promoted efforts like the Call to
Action and Build Back Better World to help organize efforts in
encouraging quality investment and strengthening ties between our
partner countries and U.S. businesses. If President Castro remains
seriously committed to long-term growth and improvement for the
Honduran economy, I believe the Department can deploy tools to help her
and all Hondurans. The mechanisms and tools we have developed will
increase opportunities in Honduras for high-paying, better-quality jobs
that will allow people to remain in their home communities. If
confirmed, I will work with my team in Tegucigalpa and their
counterparts in Washington to maximize our ability to support those
policies that mirror our own efforts.
Question. If confirmed, what priorities will you put forward for
the Biden administration to continue the positive U.S.-Honduras
relationship?
Answer. I understand many of President Castro's policies align with
U.S. priorities for Honduras, including improving citizen security,
with a focus on combating sexual and gender-based violence; countering
corruption and drug trafficking; and improving Honduras' respect for
human rights. If confirmed, I will work with the interagency to seek
responsive and creative ways to continue the positive relationship the
United States enjoys with the Castro administration. I anticipate
points of friction, as in any bilateral relationship, but I hope that
we will maintain a foundation of mutual support and understanding.
Question. Shortly after winning election, President Castro had
aired the idea of switching Honduras' diplomatic recognition from
Taiwan towards the People's Republic of China, a move that the Chinese
Communist Party has eagerly sought for years. In December of last year,
Nicaragua did this and immediately received 1 million doses of the
PRC's Sinopharm vaccine. Honduras, similarly, stands to receive
significant benefits from the CCP should it recognize the PRC.
Do you believe that Honduras should switch diplomatic recognition
from Taiwan to the PRC?
Answer. Taiwan has proven itself a valuable, steady, and respectful
partner to Honduras over several decades. Despite Castro's campaign
musing about switching diplomatic ties to the PRC, she appears to have
reconsidered that position. The United States has stressed the value
and importance of maintaining ties with Taiwan. Taiwan's Vice President
met with the Castro administration around the inauguration and
acknowledged its hope to respond to Honduras' requests for engagement
on economic development and investment. If confirmed, I will facilitate
positive interactions between Taiwan and Honduras.
Question. If confirmed, will you encourage Honduras to maintain
diplomatic ties with Taiwan?
Answer. Yes, I will support Honduras in maintaining diplomatic ties
with Taiwan. Honduras requested evolution in its relationship with
Taiwan--a move from humanitarian assistance to long-term economic
development and investment. If confirmed, I will help both sides
explore the potential such changes offer including through
collaboration with U.S. colleagues working at the American Institute of
Taiwan. I will support initiatives and empower my teams to provide
feedback on the strengths and weaknesses of our current and past
approaches to ensure we can strengthen the overall relationship.
Question. What more can the Biden administration do to provide
Honduras with investment and assistance, so that it does not feel like
it has to accept dubious loans from the PRC's Belt and Road Initiative?
Answer. The Biden-Harris administration has several existing
mechanisms to facilitate investment and infrastructure improvement as
well as innovative programs. U.S. efforts seek to organize development
and investment to help partner countries with climate resilient
infrastructure and long-term improvements in workforce qualifications,
including through Build Back Better World and the Blue Dot Network. The
U.S. International Development Finance Corporation has mobilized $60
billion for development and investment around the world. In Central
America, Vice President Harris launched the Call to Action to engage
businesses in responsible economic development in Central America, and
the public-private partnership with the Partnership for Central America
seeks to amplify the Call to Action.
Question. Last week, the Honduran Congress passed a law that
granted amnesty to individuals accused of embezzlement, fraud, abuse of
authority, terrorism, sedition and illegal possession of weapons, among
other crimes. The law seems only to apply to government officials who
served from 2006 to 2009, which cleanly lines up with the
Administration of Manuel Zelaya, the former President of Honduras and
President Castro's husband, who was ousted in 2009.
Do you believe the amnesty law tarnishes President Castro's
attempts to portray herself as an anti-corruption advocate?
Answer. I regret that the new Government elected to fight
corruption beginning with an amnesty law. Local NGOs and civil society
actors called the amnesty law ``an impunity pact,'' and other observers
have raised similar concerns about its reach and objective. The turmoil
in the Honduran congress reflects on President Castro's ability to act
on the mandate the people gave her.
Question. Are you worried that this amnesty law raises the question
that President Castro's administration may attempt to re-write
Honduras' constitution, just as former President Zelaya did before his
ouster?
Answer. I understand President Castro has dismissed allegations she
would try to stand up a constituent assembly. If confirmed, I will use
every tool available to me to promote respect for democratic processes
and institutions.
Question. If confirmed and in the event that Honduras re-attempts
constitutional changes that could undermine Honduran democracy, what
will be your response?
Answer. If I am confirmed, and in the event Honduras attempts to
push through constitutional changes that could undermine Honduran
democracy, I will work with the Department and the interagency to use
the appropriate tools to promote respect for democratic institutions
and processes. I would call upon the diplomatic community in Honduras
to use our combined voices and resources to urge a measured and long-
sighted approach to any significant changes proposed.
Question. As you know, President Biden began his administration by
announcing his ambition to address the root causes of migration in
Central America. I believe that increased private sector investment in
Honduras is integral to this effort. It is important for the U.S.
Embassy in Tegucigalpa to work with the Castro administration to
identify barriers to U.S. investment in Honduras and to promote
solutions to improve the business environment for U.S. companies.
Do you agree that increased investment by U.S. companies can help
create economic benefits and contribute to addressing the root
causes of migration in Honduras and the wider region?
Answer. Yes, I agree that U.S. private sector investment can bring
economic benefits to Honduras while also addressing some of the root
causes of irregular migration. I believe high-quality investment brings
not just capital but also builds Hondurans' knowledge and technology in
nearly any sector. If confirmed, I look forward to working with
existing programs throughout the interagency that strive to reduce
trade and commercial barriers and seek to increase economic
opportunities through an improved investment environment in Honduras. I
will carefully review options for near-shoring in support of U.S.
supply chains. If confirmed, I will coordinate closely with U.S.
businesses already working in Honduras as well as with those
considering new investments in the country while working closely with
the Honduran Government to improve its investment climate.
Question. If so, how can we work with the Castro administration to
reduce barriers to investment for U.S. companies?
Answer. I understand President Castro reached out to private sector
leaders during the campaign and immediately after her electoral
victory, requesting input and advice on the formation of her economic
and financial policies. If confirmed, I will encourage my team to work
with the Castro administration, private sector leaders in the United
States and Honduras, and across the U.S. Government to maintain the
positive momentum we have seen so far. I believe our broad focus on
improving rule of law and fighting corruption will also contribute to
reducing barriers to U.S. investment and to creating an enabling
environment for more and varied investment.
Question. One of the barriers to U.S. investment in Honduras is the
issue of over-withholding of Honduran Value Added Tax and income tax.
Just like here, the Honduran Government withholds an estimate of what
it believes companies' and individuals' taxes will be throughout the
year, and refunds those entities that have overpaid. Unfortunately,
U.S. investors have experienced significant delays in receiving these
refunds. While the previous Hernandez administration made a commitment
to address this issue, I am concerned that the Castro administration
will not prioritize it.
Do you agree this creates a barrier for U.S. companies looking to
reinvest in Honduras?
Answer. Yes, I believe uncertainty and unpredictability create
barriers to U.S. investment in Honduras.
Question. If confirmed, how would you work with the Castro
administration to resolve refunds owed to U.S. businesses, expedite
approved refund payments, and minimize future over-withholding of tax?
Answer. The United States has sought to improve the investment
climate in Honduras for U.S. investors for many years. We strive to
increase predictability, rule of law, and international best practices
with Honduras' Government institutions. If confirmed, I will use the
array of mechanisms available to the Embassy to ensure Honduras
respects its commitments, including those under CAFTA-DR. I will strive
to show the Honduran Government that ensuring U.S. investors can obtain
effective relief from excessive tax withholding also serves Honduras'
interests as it will provide a clear sign of an improving investment
climate.
__________
Responses to Additional Questions for the Record
Submitted to Randi Charno Levine by Senator Robert Menendez
Ukraine
Question. Transatlantic unity is vital to deterring Putin from re-
invading Ukraine. Portugal has committed to join in imposing severe
costs on Russia if it escalates aggression against Ukraine. If
confirmed, how will you work with the Portuguese Government to ensure a
unified response in the event that Russian actions fell short of a
full-scale invasion, but still constitute an attack on Ukraine's
sovereignty?
Answer. Portugal is contributing forces to the NATO contingent of
troops rotating through the Baltics in Lithuania. Portugal has
consistently supported EU sanctions against Russia and played a
constructive role in support of Ukraine's sovereignty and territorial
integrity. Foreign Minister Santos Silva has also highlighted the
importance of speaking with one voice and expressed increasing concern
over malign Russian influence in European politics, including hacking
government systems, conducting espionage, and spreading disinformation.
If confirmed, I will advocate strongly with the Portuguese to continue
holding Russia accountable for threatening actions and violations of
international norms to deter any destabilizing activities.
European Energy Security
Question. Portugal does not use Russian gas, but Europe still
depends on Russian gas for 40 percent of its energy needs. Given the
strategic importance of the Port of Sines, how would you work to
partner with Portugal on energy security and diversification? And what
opportunities exist for partnership in the Azores for developing clean,
renewable energies?
Answer. Portugal has long advocated for Europe to develop gas
interconnections to transport natural gas and `green' hydrogen between
the Iberian Peninsula and Central Europe to diversify gas supply
sources and reduce energy dependence on Russia. Portugal is also a
climate action leader, among the first to ratify the Paris Agreement
and commit to carbon neutrality by 2050. Portugal will soon begin to
spend its EU recovery funds, which seek to improve infrastructure and
its green energy transition, including in the Azores. If confirmed, I
will work to boost mutual economic growth through increased investment,
climate and energy cooperation, and to counter non-market and coercive
economic practices.
China
Question. Portugal and China signed a memorandum of understanding
on the Belt and Road Initiative in 2018, and China has been a major
investor in Portugal in the past decade. China has historically
attempted to use its investments to push its agenda in Europe--a
hallmark of its debt-trap diplomacy. How would you work with the
Portuguese Government to expose the negative impacts of Chinese
investment, particularly in sensitive sectors like energy?
Answer. If confirmed, I will work closely with Portugal to address
the significant challenges PRC actions pose and to counter problematic
PRC influence. I will strive to enhance awareness of the vital national
security significance of critical infrastructure to the Government of
Portugal and promote trusted vendors based in countries with due
process and respect for the rule of law. I will encourage efforts to
strengthen the current investment screening regime in Portugal and
offer technical assistance and the exchange of best practices. In
addition, I will work hard to bring more American businesses to the
table as a strong alternative to PRC investment.
Anomalous Health Incidents
Question. I am very concerned about directed energy attacks on U.S.
Government personnel (so-called Anomalous Health Incidents). Ensuring
the safety and security of our personnel abroad falls largely on
individual Chiefs of Mission and the response of officers at post. It
is imperative that any individual who reports a suspected incident be
responded to promptly, equitably, and compassionately. Do you agree
these incidents must be taken seriously, and pose a threat to the
health of U.S. personnel?
Answer. Yes. If confirmed, there will be nothing more important
than the health and security of those working with me. I will consider
it my primary responsibility to ensure the safety and security of the
Mission Portugal. AHIs have been a top priority for Secretary Blinken,
who set clear goals for the Health Incident Response Task Force to
strengthen the Department's communication with our workforce, provide
care for affected employees and family members, and better protect
against these events in the future as we continue to work closely with
the interagency to find the cause of these AHIs.
Question. If confirmed, do you commit to ensuring that any reported
incident is treated seriously and reported quickly through the
appropriate channels, and that any affected individuals receive prompt
access to medical care?
Answer. Yes. If confirmed, I will do everything possible to ensure
that employees who report a possible AHI receive immediate and
appropriate attention and care and the incident is reported through
appropriate channels.
Question. Do you commit to meeting with medical staff and the RSO
at post to discuss any past reported incidents and ensure that all
protocols are being followed?
Answer. Yes. If confirmed, there is nothing I will take more
seriously than the health and security of the people who will be
working with me.
__________
Responses to Additional Questions for the Record
Submitted to Randi Charno Levine by Senator James E. Risch
Economic Relationship
Question. Portugal's economy has suffered heavily during the COVID-
19 pandemic. As Ambassador, how would you work with the Portuguese
Government to find ways the U.S. can aid in its domestic economic
recovery?
Answer. While the tourism and hospitality sectors have suffered
during the pandemic, Portuguese GDP grew by 4.9 percent in 2021 and is
expected to grow by another 5.5 percent in 2022. As Prime Minister
Costa and his Government begin a new term, his first move will be to
approve the 2022 budget and implement his party's plans to spend the EU
recovery funds, which seek to improve Portugal's infrastructure and
green energy transition. If confirmed, I will work hard to achieve
mutual economic growth through increased investment, especially in
climate and energy cooperation, and reinforce our shared prosperity.
The United States and Portugal are strongest when we work together, and
we will need this partnership now more than ever as the United States
leads the global recovery from COVID-19.
Question. As Ambassador, how will you encourage U.S. investment in
Portugal?
Answer. U.S. firms have a large and growing footprint in business
service centers in Portugal, taking advantage of its pool of multi-
lingual talent, and Portuguese technology startups flourish in the
startup ecosystem in the United States. U.S. investment can strengthen
our bilateral relationship and create new economic opportunities for
both our countries. If confirmed, I will strive to bring more American
businesses to the table.
Question. As Ambassador, how will you encourage U.S. trade with
Portugal?
Answer. If confirmed, I will ensure that Embassy Lisbon is fully
engaged in recruiting a high-quality delegation to premier initiatives
like the annual SelectUSA Investment Summit, the SelectUSA Tech
Program, and the Select Global Women in Tech Program. Portugal
continues to develop a global reputation as a technology and tech
start-up hub, attracting commensurate interest from U.S. tech firms.
Portuguese firms are also heavily invested in the United States,
particularly in wind and solar energy development, and create thousands
of jobs domestically. If confirmed, I will focus on increasing mutually
beneficial bilateral investment, particularly in climate and energy
cooperation, as Portugal goes through its own clean energy transition.
Political Relationship
Question. Portugal's Socialist Party just won the sole majority in
Parliament. While it has led the ruling coalition for years, it now has
the seats to rule alone. How will you engage with the new PS Government
as well as minority parties on issues affecting the U.S.-Portuguese
relationship?
Answer. As the new government begins its term, they will need to
approve the 2022 budget and implement PS's plans to spend the EU
recovery funds, which seek to improve Portugal's infrastructure and
green energy transition. Portugal's long-standing foreign policy built
on Transatlantic ties, the EU, and ties with the Lusophone world will
remain unchanged. If confirmed, I look forward to working with the
Portuguese Government to counter the significant and growing PRC
economic influence and create new opportunities based on these shared
interests and values.
NATO
Question. Portugal only spends 1.54 percent of its GDP on military
expenditures, far below the amount that it and all other NATO members
pledged in 2014 to spend--two percent. Previous ambassadors have urged
Portugal to meet that two percent goal, and while Portugal's military
spending has indeed risen, it has been very slow and a rather small
increase from an already low floor. What will you do differently from
your predecessors to convince or encourage Portugal and its government
of the necessity of being a stronger contributor to NATO?
Answer. Portugal remains a key NATO Ally and plays an important
role in NATO's core mission of collective defense, including sending
146 Marines for three months to Lithuania under the NATO Assurance
Measures mission and 174 soldiers to Romania for NATO's Tailored
Forward presence. Portugal continues to voice unwavering support for
and commitment to NATO missions and operations. Portugal submitted a
roadmap to raise defense spending to 1.66 percent by 2024 but is
expected to fall short of its Wales Pledge commitments. If confirmed, I
will urge the Portuguese increase defense spending to enable it to
modernize its military, meet force contribution commitments, and
fulfill its NATO capability targets.
State Department Manangement and Public Diplomacy
Question. Many U.S. missions have been under enormous stress over
the last few years, in large part due to COVID. What is your
understanding of morale throughout Mission Lisbon?
Answer. Although the pandemic has taken a toll on all of us, I
understand that morale at Mission Portugal is generally good. Embassy
Lisbon and Consulate Ponta Delgada are staffed by an experienced and
motivated team of Americans from across the interagency and excellent
locally employed staff. The entire team showed enormous flexibility
during the worst of the pandemic. Portugal's high vaccination rate has
helped mitigate against serious illness and deaths among Mission
personnel.
Question. How do you intend to improve morale at Mission Lisbon?
Answer. If confirmed, I will reach out to members of the team at
all levels, including local staff, contractors, and family members of
all the U.S. Government agencies represented at the Mission to learn
about any concerns they may have and be an empowering, inclusive
leader.
Question. How do you intend to create a unified mission and vision
at Mission Lisbon?
Answer. If confirmed, I will work with the Mission's Country Team
to develop innovative ways to achieve our goals in the recently updated
Integrated Country Strategy. I will share our mission and vision widely
and frequently to the entire team. I will create opportunities for
frequent messaging and dialogue through events targeting the entire
community, such as town hall discussions, awards and promotion
ceremonies, community events, and other forms of active outreach.
Question. Management is a key responsibility for Chiefs of Mission.
How would you describe your management style?
Answer. I have always believed in the importance of serving the
community, and I have demonstrated an ability to work with colleagues
of all backgrounds in a constructive manner. I regularly engage with
members of my team and always seek to create a space for open dialogue
and diversity of thought. If confirmed, I will work hard to foster an
environment of respect as Mission Portugal carries out important work
on behalf of the American people. I also believe in setting high
standards and leading by example. Our employees are our most important
asset. I am dedicated to professional development and helping employees
grow and advance.
Question. Do you believe it is ever acceptable or constructive to
berate subordinates, either in public or private?
Answer. No.
Question. How do you envision your leadership relationship with
your Deputy Chief of Mission?
Answer. If confirmed, I will work closely with the Deputy Chief of
Mission to advance U.S. priorities in Portugal, including protecting
the safety and security of Americans, expanding our economic
relationship, and advancing shared political priorities. I expect to
have a positive working relationship and to work together closely.
Question. If confirmed, what leadership responsibilities do you
intend to entrust to your Deputy Chief of Mission?
Answer. If confirmed, one of my first actions as ambassador will be
to meet the entire team at Embassy Lisbon and Consulate Ponta Delgada,
including the Deputy Chief of Mission. I will consult closely with the
Deputy Chief of Mission on a range of issues and value the
institutional knowledge provided. In general, I would expect the Deputy
Chief of Mission to serve as the chief operating officer for the
Mission, to liaise with the interagency at post and in Washington,
manage implementation of the Administration's strategic goals, and co-
lead efforts to build a cohesive team with good morale.
Question. In order to create and continue employee excellence at
the Department, accurate and direct employee evaluation reports (EERs)
for Foreign Service Officers are imperative, though often lacking. Do
you believe that it is important to provide employees with accurate,
constructive feedback on their performances in order to encourage
improvement and reward those who succeed the most in their roles?
Answer. Yes. It is imperative that we use the performance
evaluation process to give timely, honest, and constructive feedback to
all employees to increase morale, improve job performance, and reward
high performers.
Question. If confirmed, would you support and encourage clear,
accurate, and direct feedback to employees in order to improve
performance and reward high achievers?
Answer. Yes.
Question. It is imperative that U.S. diplomats get outside of posts
abroad to meet with local actors, including host-government officials,
non-government organizations, and fellow foreign diplomats stationed in
Portugal. In your opinion, do U.S. diplomats get outside of our embassy
walls enough to accomplish fully their missions?
Answer. Yes. Based on my knowledge of the Department and embassy
operations overseas, U.S. diplomats have done a remarkable job to get
outside our embassy walls and advance U.S. objectives by meeting local
actors in diverse settings and environments. Understanding the health
restrictions due to COVID-19 over the last two plus years, I
wholeheartedly support Edward R. Murrow's view that the most crucial
part of diplomacy happens in the last three feet. My background is
people to people diplomacy. If confirmed, I will follow in the
footsteps of the ambassadors who came before me and traveled the
country extensively to connect with all facets of the Portuguese
community.
Question. How do you intend to improve the ability of U.S.
diplomats to better access all local populations?
Answer. At this time, U.S. diplomats in Portugal face no
restrictions on their movement or interactions with the local
population. If confirmed, I will encourage them to take full advantage
of this environment to advance our interests with all sectors of the
Portuguese populace.
I will also encourage staff to build and strengthen partnerships
with outside entities including a separate Fulbright Commission, the
media, non-governmental organizations, government ministries, alumni of
our exchange programs, and the Luso-American Development Foundation.
Question. Public diplomacy is an important aspect of U.S. foreign
policy efforts. What is the public diplomacy environment like in the
Portugal?
Answer. Public diplomacy is a vital part of our mission. The
Fulbright program in Portugal benefits 65-70 American and Portuguese
scholars and students every year. The Portuguese news media scene is
dominated by four main media groups and the Government of Portugal,
including the Lusa wire agency, which reaches beyond Portugal to other
Lusophone countries and to Portuguese communities abroad. Portuguese
outlets are constantly seeking commentary and clarification from the
U.S. Embassy. Public Diplomacy Section efforts focus on competing with
PRC economic and public diplomacy initiatives; supporting transatlantic
economic and trade relations; promoting U.S. culture, values,
education, tourism and products; countering Russian malign activities;
and highlighting the U.S. commitment to the Azores.
Question. What public diplomacy challenges do U.S. diplomats face
there?
Answer. International state-controlled media outlets like Xinhua,
Sputnik, and Russia Today compete against the U.S. Mission and
independent western media outlets for influence in the Portuguese media
space, making media monitoring and skilled engagement to push back
against disinformation even more important. Our digital engagement
efforts are key to engaging Portugal's current and future opinion
leaders. While Portugal has a strong Fulbright Commission and a network
of six American Corners, the PRC continues to build their influence by
offering full scholarships for all levels of education, as well as
expanding their Confucius Center network. If confirmed, I will work to
explore new educational partnerships.
Question. How do you balance the importance of Main State versus
the in-country mission when it comes to tailoring public diplomacy
messages for foreign audiences?
Answer. Unity of message is important in foreign policy, so when it
comes to public messaging on policy issues, the U.S. Mission should and
does depend on guidance from Main State. However, it is up to the in-
country team members to provide local understanding of foreign
audiences and context, build key bilateral and multilateral
partnerships, and effectively tailor Washington's messages for the
local context. Embassy Lisbon's public diplomacy team does that very
well, and if confirmed, I'll make sure that we keep up that caliber of
work.
Question. ``Anomalous health incidents,'' commonly referred to as
``Havana Syndrome,'' have been debilitating and sidelining U.S.
diplomats around the world for years. They have caused serious,
negative consequences for U.S. diplomacy, yet many believe that the
Department is not doing enough to care for, protect, and communicate to
its personnel. Have you received a briefing on anomalous health
incidents? If you have not, and if you are confirmed, do you commit to
receiving a briefing on the incidents before you depart for your post?
Answer. I have not yet received a briefing, but I commit to
receiving one. If confirmed, there is nothing more important than the
health and security of those working with me at Embassy Lisbon. I will
consider it my primary responsibility to ensure the safety and security
of the Mission Portugal Secretary Blinken prioritizes the Department's
response to AHIs, setting clear goals for the Health Incident Response
Task Force to strengthen the Department's communication with our
workforce and provide care for affected employees and family members.
Question. In the event of an anomalous health incident among your
embassy personnel or eligible family members, do you commit to maintain
detailed records of the incident, and share the information with the
State Department and other embassies to contribute to the investigation
of how these attacks are affecting U.S. missions and personnel around
the world?
Answer. Yes. If confirmed, I will do everything possible to ensure
that employees who report a possible AHI receive immediate and
appropriate attention and care and the incident is reported through
appropriate channels.
Question. If confirmed, do you commit to taking this threat
seriously?
Answer. Yes. If confirmed, there is nothing I will take more
seriously than the health and security of the people who will be
working with me.
Question. The past occurrences and ongoing threat of anomalous
health incidents among embassy personnel and their families poses a
serious challenge to morale. When personnel at post fear for their
safety or doubt that their case will be taken seriously if they were
affected, the performance of embassy operations can suffer. Whether or
not anomalous health incidents occur at your embassy, how will you work
to restore and preserve morale that may be lost due to the knowledge
these attacks have been occurring at posts around the world?
Answer. If confirmed, I intend to continue the good work of our
current leadership team. I will reach out to members of the team at all
levels, including local staff, contractors, and the family members of
all the U.S. Government agencies represented at the Mission to learn
about their concerns.
Question. If confirmed, do you commit to talking as openly as you
can to Mission Lisbon personnel?
Answer. Yes.
Human Rights and International Organizations
Question. In the State Department's 2021 Trafficking in Persons
Report, Portugal was downgraded from Tier 1 to Tier 2 because of a lack
of serious efforts to prosecute suspects and a lack of convictions of
traffickers, among other reasons. How will you work with the Portuguese
to address these issues if you are confirmed as Ambassador?
Answer. The Government of Portugal did not fully meet the minimum
standards for the elimination of trafficking in 2021 but made
significant efforts to do so. Multi-year patterns of decreases in
several areas resulted in the downgrade to Tier 2. However, as a
recognized leader on human rights issues, Portugal is well-placed to
continue to take action to reinforce its TIP efforts. If confirmed, I
look forward to cooperating with Portugal to combat this transnational
crime that affects our respective national security and am committed to
partnering with Portugal to identify areas of progress that achieve
tangible results to advance anti-trafficking efforts.
Question. What is your assessment of U.S. efforts to combat
trafficking in country? Please explain in detail.
Answer. Despite the pandemic, Portugal made gains in several areas,
to include investigating more suspects, awarding more restitution to
victims, and updating its national referral mechanism. The Department's
J/TIP office organized a training delivered by the Department of
Justice's Human Trafficking Prosecution Unit in January 2021 and
participated in the U.S.-Portugal strategic dialogue, which also
addressed human trafficking. As a recognized leader on human rights
issues, Portugal is well-placed to continue to take action to reinforce
its TIP efforts, and if confirmed, I look forward to cooperating with
Portugal to achieve tangible results together that advance anti-
trafficking efforts.
Question. If confirmed as Ambassador, do you commit to raising
human trafficking efforts in the first 100 days of your tenure?
Answer. Yes.
Question. In the State Department's 2020 International Religious
Freedom report, Portugal was described to lack a societal respect for
religious freedom, namely in the face of rising antisemitic and anti-
Muslim rhetoric and behavior. What is your assessment of this
particular issue?
Answer. Portugal's commitment to religious freedom is enshrined in
its constitution that protects the freedom of religion and worship and
prohibits religious persecution and discrimination. Overall, relations
among different religious communities in Portugal are very good, and
there have been few incidents of hate crimes against any religious
groups in the last few years. If confirmed, I will use strategic
outreach to advance a U.S. commitment to furthering understanding among
people of all religious traditions and support cultural and religious
diversity in Portugal. Culture and faith are key areas on which to
build mutual understanding through dialogue. At the same time, if
confirmed, I will closely monitor and condemn any acts of religious
intolerance, including those that may target Jewish or Muslim
communities.
Question. If confirmed, how will you work with the Ambassador-at-
Large to bolster religious freedom in-country?
Answer. If confirmed, I will incorporate these topics into the
mission's broader efforts to promote interfaith tolerance and the
safety of religious, racial, and ethnic minority communities in
Portugal. I will encourage the government at the national, state,
regional, and local levels to take steps to improve protection for
religious minority communities, places of worship, and other culturally
meaningful sites, incorporating experience and expertise of those
communities. I will also direct my Country Team to support encounters
with minority communities that promote tolerance and respect for
religious freedom and include community projects and interfaith
coalitions. I will also empower local voices to speak out against hate
crimes.
Question. What is your assessment of U.S. efforts to bolster
religious freedom in Portugal?
Answer. Religious freedom and tolerance have played pivotal roles
in Portugal's history. Embassy Lisbon has maintained strong contacts
with government and religious representatives of Catholic, Muslim,
Jewish, and Protestant groups across various religious freedom issues.
If confirmed, I will seek to strengthen Mission Portugal's outreach to
these communities and expand on our shared commitment to uphold and
protect religious freedom and diversity.
Question. If confirmed as Ambassador, what is your plan to work
with both Ambassadors-at-Large for Religious Freedom and Office to
monitor and combat Antisemitism given the rise of antisemitic incidents
in country?
Answer. If confirmed, I intend to work closely and seamlessly with
the Ambassador-at-Large for International Religious Freedom, the
Special Envoy to Monitor and Combat Antisemitism, and the Special Envoy
for Holocaust Issues to continue to advocate for these priority issues.
The Portuguese Government has been consistent in its commitment to
Holocaust education, remembrance, and research. In May 2021, the
Holocaust Museum of Porto opened its doors, the first on the Iberian
Peninsula specifically dedicated to the Holocaust. The local Jewish
community, some of whose members lost family in the Holocaust, helped
establish the private museum. There are also plans to build a Jewish
museum in Lisbon. If confirmed, I look forward to promoting Holocaust
education and countering Holocaust distortion and denial, countering
antisemitism and prejudice in all forms, and protecting religious
freedom.
Question. In the State Department's 2020 Human Rights Report,
Portugal was reported as having significant human rights abuses to
include corruption, domestic violence, child abuse, and acts of
violence against minority groups. If confirmed, what steps will you
take to address these instances with the host government?
Answer. Portugal has applauded the Administration's commitment to
equality and the defense of human rights, and strongly welcomes U.S.
leadership in these areas. If confirmed, I would be committed to
advancing gender equity and equality, empowering women and girls, and
working hard to prevent and respond to all forms of violence. Exchange
programs also enable contacts to serve as force multipliers for the
U.S. Embassy to advance equality and defend human rights for all. I
would also increase engagement with local advocacy groups, NGOs, and
government officials.
Question. How will you direct your embassy to work with civil
society organizations to improve the human rights situation on the
ground?
Answer. If confirmed, I will continue activities that support
diversity and inclusion and human rights. I will seek to increase
engagement with local advocacy groups, NGOs, and government officials
to advance human rights, including those of the LGBTQI+ community, and
showcase Post's own diversity, equity, and inclusion efforts.
Question. If confirmed, do you commit to raising human rights in
the first 100 days of your tenure?
Answer. Yes.
East Asia and the Indo-Pacific
Question. What are the implications of China's investments in
Portugal's energy industry, including its energy grid?
Answer. PRC-backed companies have sizable stakes in key sectors in
Portugal like energy, construction, and insurance. China State Grid and
China Three Gorges are, respectively, the largest shareholders in
Portuguese energy grid operator REN and global utility EDP, two key
players in Portugal's energy transition plans. The PRC also uses
investments in Portugal to further gain an economic foothold in
Lusophone countries through its companies and media.
Question. How will you engage with your Portuguese counterparts on
this matter, if confirmed?
Answer. The depth and breadth of bilateral ties between Portugal
and the United States show that our countries are fundamentally aligned
in ways that the PRC and Portugal are not. However, many Portuguese
politicians are relatively sanguine about the PRC based on Portugal's
500-year history of trading and investments in Macau and China. If
confirmed, I will work closely with Portugal to address the significant
challenges the PRC poses and strive to raise the awareness of the vital
economic and national security significance of critical infrastructure,
including 5G networks, to the Government of Portugal.
Question. The University of Lisbon has a partnership focused on
Naval Architecture and Offshore Technology with Harbin Engineering
University (HEU). HEU is one of China's Seven Sons of National
Defense--the key universities with deep roots in, and ties with, the
Chinese military and defense industry. Will you commit to prioritizing
China-Portugal technology and defense partnerships that could undermine
U.S. interests?
Answer. Yes. If confirmed, I commit to prioritizing awareness with
the Government of Portugal as it related to Portuguese-Chinese
technology and defense partnerships that undermine U.S. interests.
Question. How will you tackle this challenge, if confirmed?
Answer. While encouraging academic freedom, if confirmed, I will
urge our allies and partners to practice careful oversight on academic
collaboration with their PRC based academic partners, and strive to
enhance awareness to prevent research that may be exploited by rival
militaries or for human rights abuses.
Question. Portugal is a major hub for undersea cables, and industry
where state-run and state-supported Chinese companies are making major
strides vis-a-vis trusted vendors in the United States, the European
Union, and Japan. Portugal has expressed some understanding of the need
to keep untrusted vendors out of European cable networks. How will you
advance U.S. interests on this issue in your engagements with Portugal,
if confirmed?
Answer. Portugal is actively seeking to attract more undersea
cables to establish itself as European gateway for digital connections.
At the same time, the PRC continues to seek ways to increase science
and technology cooperation with various Portuguese (mainland and
Azorean) maritime institutions. This is concerning from a security
perspective, and if confirmed, I will work hard to push back on the
PRC's technological threats and build resilience to Beijing's economic
coercion.
__________
Responses to Additional Questions for the Record
Submitted to Randi Charno Levine by Senator Marco Rubio
Golden Visas
Question. Portugal remains one of the few countries in the European
Union to maintain its ``golden visa'' legislation. These golden visas,
or officially, ``investor visas,'' provide essentially residency and
even citizenship to those with enough money to pay. Oligarchs in Russia
and in the People's Republic of China use these programs to gain
citizenship in Europe. If they gain citizenship in a country that
participates in our Visa Waiver Program, that becomes a path for
corrupt officials, responsible for human rights abuses, the ability to
freely travel to the U.S. What is your opinion of Portugal's golden
visa laws?
Answer. Our Mission must continue to facilitate strong connections
between U.S. and Portuguese companies, investors, and entrepreneurs to
carry out legitimate trade and develop new economic opportunities. As a
member of the Visa Waiver Program (VWP), Portugal has a close security
partnership with the United States on immigration and border screening.
If confirmed, I will urge careful oversight of such programs and seek
to maintain and enhance existing information sharing and law
enforcement cooperation with Portugal.
Question. What is your opinion of proposals here that would make
Portuguese nationals eligible for U.S. investor visas?
Answer. Our two nations already enjoy extensive cultural and
economic ties. Bilateral trade in goods between the United States and
Portugal reached $4.6 billion in 2020. Our bilateral relationship
continues to serve as an important building block for our larger goal
of revitalizing the transatlantic partnership. If confirmed, I will
work to strengthen our mutual prosperity and economic growth by
supporting and promoting efforts that increase investment in both
countries. If the AMIGOS Act or equivalent legislation becomes law, I
will facilitate Treaty Trader (E-1)/Treaty Investor (E-2) visas for
qualified Portuguese passport holders.
Question. If confirmed, how would you work with the Portuguese
Government to ensure that Portugal properly vets applicants to its
golden visa program?
Answer. Portugal's participation in the VWP allows the United
States to verify the identity document of travelers and determine
whether these travelers represent a threat to the security of the
United States and its citizens. If confirmed, I will seek to strengthen
and expand existing cooperation with Portugal through robust
information sharing and law enforcement cooperation, and jointly
address global and regional threats and challenges. As with other VWP
countries, the Department of Homeland Security assesses the immigration
and border screening capabilities of foreign partners every two years,
including the integrity of any citizenship-by-investment programs.
Afghan Refugees
Question. Portugal has been one of the countries most receptive to
hosting Afghan refugees. Many of these refugees are Christians,
military translators, and others that are at acute risk of oppression
by the Taliban regime in Afghanistan. Many of them are supported by
American organizations through funding and supplies to help these
refugees rebuild a normal life in Portugal. What is your assessment of
the Administration's plans for the eventual future for Afghan refugees
currently in Portugal?
Answer. Since the relocation of our Afghan partners began in
August, the Government of Portugal has been a trusted and indispensable
partner in the effort to support at-risk individuals and their families
from Afghanistan. The Portuguese continue to express a willingness to
host these Afghan refugees, make them feel welcome, and help them
adjust to life in Portugal. In addition, the Department is moving
forward with refugee processing for Priority 1 and Priority 2 referred
cases in Portugal.
Question. Do you believe the Portuguese Government will agree to
indefinitely host them, or do you believe that Lisbon will want to
resettle them in the U.S. or other third countries?
Answer. The Government of Portugal has offered asylum to the
refugees who have entered their country and the Government has been
clear that they intend to assist the refugees in making Portugal their
permanent home. U.S. NGOs and private citizens are donating an
estimated five million dollars to help fund these efforts. As I
understand it, Embassy Portugal has received no requests from the
Government of Portugal to resettle them in the United States.
__________
Responses to Additional Questions for the Record Submitted
to Hon. N. Nickolas Perry by Senator Robert Menendez
Anomalous Health Incidents
Question. I am very concerned about directed energy attacks on U.S.
Government personnel (so-called Anomalous Health Incidents). Ensuring
the safety and security of our personnel abroad falls largely on
individual Chiefs of Mission and the response of officers at post. It
is imperative that any individual who reports a suspected incident be
responded to promptly, equitably, and compassionately.
Do you agree these incidents must be taken seriously, and pose a
threat to the health of U.S. personnel?
Answer. Yes. I take nothing more seriously than the health and
security of the people who will work with me, should I be confirmed,
and I will ensure that any reported incident that falls under my Chief
of Mission authority will receive an appropriate medical and security
response. Secretary Blinken prioritizes the Department's response to
Anomalous Health Incidents (AHIs), setting clear goals for the Health
Incident Response Task Force to strengthen the Department's
communication with its workforce and providing care for affected
employees and family members.
Question. If confirmed, do you commit to ensuring that any reported
incident is treated seriously and reported quickly through the
appropriate channels, and that any affected individuals receive prompt
access to medical care?
Answer. Yes. If confirmed, I will do everything possible to ensure
that employees who report a possible AHI receive immediate and
appropriate attention and care and the incident is reported through
appropriate channels.
Question. Do you commit to meeting with medical staff and the RSO
at post to discuss any past reported incidents and ensure that all
protocols are being followed?
Answer. Yes. If confirmed, I will take nothing more seriously than
the health and security of the people working at U.S. Embassy Kingston.
I commit to working with health and security officials and other
parties as recommended to establish and maintain appropriate protocols
and ensure a healthy working environment for both Americans and local
staff.
__________
Responses to Additional Questions for the Record Submitted
to Hon. N. Nickolas Perry by Senator James E. Risch
General
Question. If confirmed, do you commit to placing your personally
owned rental property in Jamaica into a trust that neither you nor any
member of your immediate family controls so that you can ensure there
will be no perceived or real conflict of interest from serving as the
U.S. Ambassador to a country where you have financial gain?
Answer. Since the announcement of the President's intent to appoint
me, my wife and I decided to cease making our privately owned property
available for rentals. We directed the property manager to implement
this decision and the property is now only for private use.
If confirmed, I commit to conduct all my public, personal, and
private business affairs in a manner that is always in full and
complete compliance with the highest ethical standard required for the
office of the U.S. Ambassador.
Counter Narcotics
Question. According to the State Department's 2021 International
Narcotics Control Strategy Report, Jamaica is the largest Caribbean
supplier of marijuana to the United States and a transit point for
cocaine trafficked to the United States and other markets.
Please describe your understanding of the areas in which the U.S.
and Jamaica can improve bilateral efforts to target narcotics
trafficking in Jamaica and the Caribbean writ large.
Answer. I understand U.S.-Jamaican collaboration on matters of law
enforcement and citizen security is excellent, overall. We share the
same goals and the same commitment to combating transnational organized
crime and protecting our citizens.
The United States and Jamaica work collaboratively on a wide range
of issues designed to address crime and violence affecting Jamaican
citizens and enhance the security of the American homeland. We do this
principally through the Caribbean Basin Security Initiative (CBSI). Our
security cooperation with Jamaica under CBSI addresses shared security
priorities including maritime law enforcement, border and port
security, firearms trafficking, transnational crime, gangs, law
enforcement and justice sector capacity building, and youth crime and
violence prevention. The United States also works with the Jamaican
Constabulary Force Narcotics Unit and the Jamaican Defense Force's
Coast Guard to strengthen border security, conduct interdiction
operations, dismantle networks engaged in illicit trafficking, and
cooperate on maritime interdiction of illegal narcotics. If confirmed,
I will work hard to see that this collaboration between our countries
continues to increase.
Question. If confirmed, how will your approach to countering drugs
and crime be different from the U.S. Government's previous policies,
which have not yielded sustained positive results?
Answer. I understand the 26 U.S. Government agencies that make up
the Embassy in Kingston provide capacity building assistance to aid law
enforcement and criminal justice actors, including Jamaican courts, the
Jamaican Constabulary Force, and the Jamaican Defense Force. The United
States made substantial progress through the Caribbean Basin Security
Initiative in combating narcotics trafficking and transnational crime
and increasing citizen security. I recognize that U.S. programs need to
continue to evolve to meet the most significant threats and challenges
we face in Jamaica, including sustained work to combat gangs,
corruption, financial crimes, and other emerging issues.
Question. In 2019 Jamaica became a participant in the Chinese
Communist Party's (CCP) Belt and Road Initiative. What specific actions
will you take to highlight the consequences of the CCP's non-
transparent and coercive economic, financial, and lending practices in
order to counter its negative influence in the Caribbean?
Answer. The United States encourages our partners to follow
international best practices for investments and trade that meet high
standards in terms of transparency, adherence to anti-corruption
standards, debt sustainability, labor rights, environmental best
practices, and addressing the needs and concerns of local communities.
We urge partners to develop investment screening mechanisms to ensure
that untrusted vendors do not gain access to or influence over critical
infrastructure or sensitive sectors. Untrusted vendor investment in
critical infrastructure and sensitive sectors opens partners and the
United States up to national security and data privacy risks.
If confirmed, I will seek to ensure that Jamaica's leaders are
aware of the PRC's opaque policies and financing practices that do not
meet international standards and undermine countries' critical
infrastructure security, the rules-based international order, fair
global market competition, or human rights.
Question. In 2020, Jamaica accepted over 140 Cuban doctors to
provide medical services as part of a COVID-19 agreement. Do you agree
that these Cuban medical missions are a form of human trafficking and
if so, what would you do to highlight this issue with the Jamaican
Government?
Answer. I understand there are serious and ongoing concerns about
allegations of forced labor in Cuba's international missions' program,
one of the Cuban Government's largest sources of revenue. If confirmed,
I will urge Jamaican authorities to take the necessary steps to prevent
forced labor and seek transparency on contractual agreements between
the Cuban Government and Cuban overseas workers, to screen those
associated with this program for trafficking indicators, and to protect
those victims identified. I will commit to continued high-level
diplomatic engagement with the Jamaican Government on this issue and
others that relate to our shared support for human rights.
Question. What is your understanding of morale throughout Mission
Kingston?
Answer. I understand that the stress of the pandemic, along with
the loss of several Mission staff, had a profound impact on Mission
Kingston. Nevertheless, the Mission staff, both American and local
staff, have lived up to the highest standards of the Department by
continuing to perform at the very highest level, advocating for U.S.
interests and bilateral cooperation related to political and economic
issues, managing development programs, and providing citizen services
to Americans in distress. I applaud their dedication and, if confirmed,
it will be my honor to lead such an outstanding group of public
servants.
Question. How do you intend to improve morale at Mission Kingston?
Answer. The morale, well-being, and safety of all mission employees
will be one of my top priorities as Ambassador, if confirmed. I will
work with Embassy leadership to ensure there are proper resources in
place for all employees to contribute to the Mission's success. I will
also make every effort to ensure that all employees are aware that I
care about them, that I want to hear from them, and that it is my duty
to try to address their concerns.
Question. How do you intend to create a unified mission and vision
at Mission Kingston?
Answer. If confirmed, I am committed to working with my entire
Embassy team, including all 26 agencies represented there, to ensure
that we operate as a single team in the service of the citizens of the
United States, our government, and the strengthening of our
relationship with the people and Government of Jamaica. In carrying out
our mission, I will strive to ensure that Mission Kingston has a
diverse and inclusive workforce where all employees are respected and
treated equitably.
Management is a Key responsibility for Chiefs of Mission
Question. How would you describe your management style?
Answer. I would describe my management style as a combination of
democratic management and coaching management. I admire democratic
management since I believe good leadership is rooted in collaboration.
I also appreciate the value of the coaching management style in which a
leader is committed to the ongoing development of his staff and works
to identify what motivates each employee so that the manager can
identify their strengths and weaknesses and help them to become better
professionals.
Question. Do you believe it is ever acceptable or constructive to
berate subordinates, either in public or private?
Answer. It is never acceptable or constructive to berate a
subordinate, in public or in private. I believe such conduct
demonstrates a lack of control and is antithetical to creating a
positive and productive workplace.
Question. How do you envision your leadership relationship with
your Deputy Chief of Mission?
Answer. An effective Embassy requires a smooth, complementary
relationship in the Front Office between the Ambassador and the Deputy
Chief of Mission. I recognize that a senior Foreign Service Officer
will be of great value to the Embassy in Kingston and it will be my
responsibility to work with them in a way that takes advantage of their
talents and experience, from coordinating the implementation of the
Integrated Country Strategy to ensuring harmony and synchronization of
the 26 agencies that make up the Mission. If confirmed, I look forward
to sitting down with the Deputy Chief of Mission and devising a
relationship that ensures the success of our important work in Jamaica
on behalf of the United States.
Question. If confirmed, what leadership responsibilities do you
intend to entrust to your Deputy Chief of Mission?
Answer. If confirmed, I anticipate the Deputy Chief of Mission will
be key to three Mission priorities: the effective implementation of the
Integrated Country Strategy by the Country Team; advocating for U.S.
interests and enhanced bilateral cooperation; and serving as my
principal counsel on anything relating to our staff and their welfare.
Question. In order to create and continue employee excellence at
the Department, accurate and direct employee evaluation reports (EERs)
for Foreign Service Officers are imperative, though often lacking.
Do you believe that it is important to provide employees with
accurate, constructive feedback on their performances in order
to encourage improvement and reward those who succeed the most
in their roles?
Answer. It is absolutely important to provide all employees, from
entry-level officers to members of my senior staff, with accurate and
constructive feedback. It is essential to their professional
development, and I am committed to making that a hallmark of my service
in Jamaica, if confirmed.
Question. If confirmed, would you support and encourage clear,
accurate, and direct feedback to employees in order to improve
performance and reward high achievers?
Answer. I believe clear, accurate, and direct feedback is essential
to the management of all employees., I want to ensure everyone on our
team is pulling their weight and contributing to our success. That will
only be done if everyone receives the feedback they require.
Question. It is imperative that U.S. diplomats get outside of posts
abroad to meet with local actors, including host-government officials,
non-government organizations, and fellow foreign diplomats stationed in
Jamaica.
In your opinion, do U.S. diplomats get outside of our embassy walls
enough to accomplish fully their missions?
Answer. I understand U.S. diplomats need to get outside of the
Embassy to meet contacts and assess local conditions, taking the
appropriate precautions related to prevalent violent crime and the
pandemic. As with many things, we should always strive to do better,
and if confirmed, I will certainly encourage the Embassy Kingston staff
to engage as much as conditions allow.
Question. How do you intend to improve the ability of U.S.
diplomats to better access all local populations?
Answer. If confirmed, I intend to set the pace for the rest of my
team. I plan to get out and see as many Jamaicans as possible, to share
U.S. views and listen to their concerns, and to showcase the great
programs that the U.S. Government is conducting in Jamaica. As much as
possible, if confirmed, I will encourage embassy staff to interact with
Jamaicans from all walks of life.
Public diplomacy is an important aspect of U.S. foreign policy efforts
Question. What is the public diplomacy environment like in Jamaica?
Answer. I understand U.S. Embassy Kingston has thriving and dynamic
public diplomacy (PD) programs and engagements involving media,
educational, and cultural institutions. By and large, Jamaicans are
favorable toward our messaging and are eager to participate in our PD
programs.
The Embassy manages a variety of U.S.-sponsored cultural and
educational exchange programs, including the Fulbright Program,
International Visitor Leadership Program (IVLP), the Young Leaders of
the Americas Initiative (YLAI), and other ad hoc exchanges. We have
great working relationships with government ministries and NGOs.
The Embassy enjoys a strong working relationship with the local
media, and it has a monthly article and radio program highlighting
consular issues. The daily newspapers print the majority of embassy
press releases, and the mission is able to garner interest for press
conferences and interviews with Embassy officials.
Question. What public diplomacy challenges do U.S. diplomats face
there?
Answer. The COVID pandemic has substantially altered our public
diplomacy efforts. I understand the Embassy was able to pivot in order
to engage and message digitally when the COVID-19 pandemic made in-
person events impossible. However, schools, NGOs, and civil society
organizations in Jamaica often lack the resources and connectivity to
participate in virtual programs with the Embassy. If confirmed, I will
encourage staff to broaden our public engagement options and think
creatively about how we can interact with more Jamaicans from a wide
variety of backgrounds.
Question. How do you balance the importance of Main State versus
the in-country mission when it comes to tailoring public diplomacy
messages for foreign audiences?
Answer. I understand the State Department's bureaus and overseas
missions work hand-in-hand on public diplomacy. In doing so, they
create messaging about key policy priorities that resonate with the
local audience and design educational and cultural programs that
further U.S. goals of economic growth, respect for human rights,
strengthening civil society, protecting the environment, and embracing
diversity.
Question. ``Anomalous health incidents,'' commonly referred to as
``Havana Syndrome,'' have been debilitating and sidelining U.S.
diplomats around the world for years. They have caused serious,
negative consequences for U.S. diplomacy, yet many believe that the
Department is not doing enough to care for, protect, and communicate to
its personnel.
If confirmed, do you commit to taking this threat seriously?
Answer. Yes. I take nothing more seriously than the health and
security of the people who will work with me, should I be confirmed, ,
and I will ensure that any reported incident that falls under my Chief
of Mission authority will receive an appropriate medical and security
response. . I understand Secretary Blinken prioritizes the Department's
response to Anomalous Health Incidents (AHIs), setting clear goals for
the Health Incident Response Task Force to strengthen the Department's
communication with its workforce and providing care for affected
employees and family members.
Question. If confirmed, do you commit to talking as openly as you
can to Mission Kingston personnel?
Answer. Yes. If confirmed, I commit to speaking as openly as
possible to mission personnel and working with health and security
officials as recommended to establish and maintain appropriate
protocols and ensure a healthy working environment for both Americans
and local staff.
Question. In the State Department's 2021 Trafficking in Persons
Report, Jamaica remained on Tier 2 due to sustained efforts to meet the
minimum standards to eliminate trafficking, including a sizable
conviction.
How will you work with the Jamaican Government to address these
ongoing issues if you are confirmed as Ambassador?
Answer. I understand that the Government of Jamaica takes the
Department's annual reporting on trafficking in persons very seriously,
and the Holness administration is a committed partner in combatting
these issues. The 2021 TIP Report acknowledged the Government's
progress in applying stringent penalties to a convicted trafficker and
ensuring restitution paid to a victim. However, the Jamaican Government
continues to struggle with low numbers of victims identified and
assisted, and few prosecutions and convictions. If confirmed, under my
leadership, the U.S. Government and its implementing partners will seek
to strengthen the Jamaican Government's capacity to combat human
trafficking, provide victim services training, and engage in high-level
dialogue with the Jamaican Government to keep them focused on victim
identification and protection, prosecution of criminal actors, and
community-based prevention.
Question. What is your assessment of U.S. efforts to combat
trafficking in country? Please explain in detail.
Answer. The U.S. Government heavily invested in building the
capacity of the Jamaican Government to combat human trafficking in
Jamaica. Under the U.S.-Jamaica Child Protection Compact (CPC)
Partnership, the Office to Monitor and Combat Trafficking in Persons
invested nearly $6.7 million to bolster the Government of Jamaica's
efforts to address this issue. The CPC Partnership is a jointly
developed, multi-year plan that builds on existing efforts to prosecute
and punish perpetrators of child trafficking; identify child
trafficking victims and coordinate the provision of comprehensive
protective services; and prevent child trafficking from occurring. Both
our governments committed to working collaboratively in Jamaica over
four years to achieve improved and sustainable policies and practices
to meet the CPC Partnership's objectives. If confirmed, I will seek to
continue these projects alongside our deep engagement to build the
capacity of a broad range of local civil society organizations with the
local knowledge and expertise to support efforts to combat human
trafficking.
Question. If confirmed as Ambassador, do you commit to raising
human trafficking efforts in the first 100 days of your tenure?
Answer. If confirmed, I am committed to continually improving and
expanding our efforts to combat human trafficking in Jamaica. The
Government of Jamaica is a strong and willing partner in these efforts,
and we look forward to growing our partnership with them, local civil
society organizations, and U.S.-based implementing partners to continue
making headway on this issue. I commit to the prioritization of the
fight against trafficking in persons during my first 100 days and
throughout my tenure.
Question. In the State Department's 2020 International Religious
Freedom report, the U.S. Embassy was noted as being regularly engaged
with civil society to encourage positive discourse and action as it
relates to religious freedom.
What is your assessment of this particular issue?
Answer. Jamaica's constitution firmly guarantees freedom of
religious belief, and this freedom is backed up by a robust array of
civil society organizations that the Embassy regularly works with. If
confirmed, I'll stand by the Jamaican peoples' right of religious
freedom. Moreover, continued stigma against members of the Rastafarian
community and legal discrimination against LGBTQI+ Jamaicans, supported
by some religious groups and leaders, are issues which require
continuing discourse and attention. If confirmed, I will ensure the
Embassy will continue working to address them.
Question. If confirmed, how will you work with the Ambassador-at-
Large to bolster religious freedom in-country?
Answer. I understand Embassy Kingston regularly convenes diverse
faith groups and civil society organizations to promote positive
discourse on the topics of religious freedom and tolerance. Religious
freedom is a U.S. foreign policy priority, and the Department continues
to monitor the religious freedom situation in Jamaica. If confirmed, I
will work the Ambassador-at-Large for International Religious Freedom
(IRF) and other stakeholders to ensure all citizens enjoy their freedom
of religion and equal protection as stated in the constitution.
Question. In the State Department's 2020 Human Rights Report,
Jamaica was identified as having serious human rights issues and
abuses, like corruption, sex and labor trafficking, and poor prison
conditions, among others.
If confirmed, what steps will you take to address these instances
with the host government?
Answer. The Biden-Harris administration prioritizes the advancement
of human rights, democracy promotion, and the fight against corruption,
which was on display during the December 2021 Summit for Democracy. If
confirmed, I will continue to raise the U.S. Government's human rights
priorities with our partners in the Government of Jamaica at the
highest levels. Prime Minister Andrew Holness delivered remarks at the
Summit for Democracy that committed Jamaica to advancing human rights
in Jamaica and multilateral fora. Curbing police abuses, human rights
violations, and corruption will be top priorities in our security and
economic partnerships with the Jamaican Government, private sector,
media, civil society organizations, and marginalized communities, and
the Embassy will continue to be deeply involved at nearly every level
of the Jamaican Government's efforts to combat human trafficking.
Question. How will you direct your embassy to work with civil
society organizations to improve the human rights situation on the
ground?
Answer. A key priority for Embassy Kingston is supporting and
building the capacity of Jamaica's many robust civil society
organizations working to strengthen the rule of law, curb corruption,
and provide support for human rights defenders in the country. Through
programs such as the U.S.-Jamaica Child Protection Compact (CPC)
Partnership, the Embassy directs substantial funding to implementing
partners who train and support Jamaican Government agencies in
combatting the scourges of human trafficking and related issues. If
confirmed, I will continue to convene civil society organizations
focused on fighting corruption to build stronger partnerships, share
lessons learned, identify resource opportunities, better inform our
reporting to Washington and Congress, and guide our conversations with
partners in the Jamaican Government on these issues.
Question. If confirmed, how will you work with the Coordinator on
Global Anti-Corruption on corruption issues in country?
Answer. If confirmed, I look forward to partnering with the new
Coordinator on Global Anti-Corruption in our efforts to better combat
corruption and the problems it feeds such as gang violence, drug
trafficking, and financial scams targeting vulnerable Americans. I will
also seek to enhance the Embassy's anti-corruption efforts by pursuing
the full suite of U.S. Strategy on Countering Corruption Pillar 5 lines
of action that would include publicly supporting Jamaica's robust civil
society, journalists, and anti-corruption activists and government
anti-corruption institutions, such as the Auditor General's Department,
the Major Organized Crime Agency, Integrity Commission, Office of the
Director of Public Prosecutions, and Financial Investigations Division.
__________
Responses to Additional Questions for the Record Submitted
to Hon. N. Nickolas Perry by Senator Marco Rubio
Question. Jamaica has become a target of considerable lending
through the Chinese Communist Party's Belt and Road Initiative (BRI).
Since 2005, Jamaica has received about $2.1 billion in financing from
Chinese sources for road construction, housing, entertainment centers,
hospitals, schools and even government buildings. Almost $1.2 billion
have been to critical industries, like the mining of bauxite,
transportation and energy. Capping off this lending, Jamaica formally
joined the Belt and Road Initiative in 2019. Although Jamaican
officials are confident that these loans can be repaid, they have
notably become more reluctant to receive more funding.
Do you agree that China's Belt and Road Initiative is predatory
lending?
Answer. The United States encourages our partners to follow
international best practices for investments and trade that meet high
standards in terms of transparency, adherence to anti-corruption
standards, debt sustainability, labor rights, environmental best
practices, and addressing the needs and concerns of local communities.
The United States urges partners to develop investment screening
mechanisms to ensure that untrusted actors do not gain access to or
influence over critical infrastructure or sensitive sectors. Untrusted
actor investment in critical infrastructure and sensitive sectors opens
partners and the United States up to national security and data privacy
risks.
If confirmed, I will seek to ensure that Jamaica's leaders are
aware of the PRC's opaque policies and financing practices that do not
meet international standards, undermine countries' critical
infrastructure security, the rules-based international order, fair
global market competition, and human rights.
Question. If confirmed, will you support efforts by U.S.-backed
international financial institutions to provide enhanced investment to
Jamaica, including by providing a 10th capital increase to the Inter-
American Development Bank?
In addition to your home state of New York, the largest
concentration of Jamaican-Americans reside in my home state of
Florida. They maintain close ties with their relatives in
Jamaica, and many U.S. companies have business presence in the
Caribbean island. Remittances from these communities also form
a substantial source of Jamaican GDP.
Answer. The Jamaican Government undertook a six-year economic
reform program with support from the IMF prior to the COVID-19 pandemic
which ensured it had the resources to help its citizens. The Holness
administration made impressive gains in reducing public debt. If
confirmed, I will urge the Holness administration to continue on a path
that assures international financial institutions and potential
American investors of Jamaica's fiscal stability, accountability, and
welcoming business environment. If confirmed, I will support greater
investments by the Inter-American Development Bank in projects that
help Jamaica address its development needs in a responsible and
sustainable fashion. Discussions on the IDB's resources should occur
from the bottom up, taking into account the views of all shareholders
and IDB Management and fulsome analyses of financial conditions, the
use of resources and how it relates to the region's challenges, and the
IDB's role within the larger financing and policy landscape for the
region.
Jamaica and the United States have long enjoyed a very close
relationship built upon shared values, trade, cultural ties, tourism,
and the diaspora community. If confirmed, I will work to strengthen
those ties, especially with the diaspora community. I will also focus
on expanding and enhancing our trade and investment relationship with
Jamaica. If confirmed, I will work to increase the awareness of the
opportunities that exist for U.S. businesses outside of the tourism and
hospitality sectors.
Question. If confirmed, what are your top priorities to support
economic and cultural ties between Jamaica and the Jamaican-American
community?
Answer. If confirmed, I believe my life experience will contribute
to a strengthening of the ties between Jamaican-Americans and their
homeland. I will meet with Jamaican-American groups to hear their views
on how we can encourage enhanced economic ties between them and Jamaica
to the benefit of both countries. I will also support the Embassy's
cultural and educational exchanges that enable Americans and Jamaicans
to share ideas and learn from each other. Each of these areas will be
important as we make the U.S.-Jamaican relationship even stronger.
Question. Since the 1990s, drug violence has plagued Jamaica, which
continues to experience high rates of crime and violence. The country
still has the highest homicide rate in the entire Latin America and
Caribbean region, at 45.5 per 100,000 people.
How would you work to improve ongoing anti-drug efforts to prevent
drugs from coming to U.S. from Jamaica?
Answer. I understand U.S.-Jamaican counter-narcotics collaboration
is excellent, overall. We share the same goals and the same commitment
to combatting transnational organized crime and protecting our
citizens.
The United States and Jamaica work collaboratively on a wide range
of issues designed to address drugs and crime. We do this principally
through the Caribbean Basin Security Initiative (CBSI). Jamaica is one
of thirteen Caribbean countries that partners with the United States to
advance three overarching, complementary goals: reduce illicit
trafficking, improve public safety and security, and prevent youth
crime and violence in the Caribbean. Our security cooperation with
Jamaica under CBSI addresses shared security priorities including
maritime law enforcement, border and port security, firearms
trafficking, transnational crime, gangs, law enforcement and justice
sector capacity building, and youth crime and violence prevention.
U.S. assistance also supports the Jamaican Government's capacity to
secure and monitor its borders and territorial seas through training
and technical assistance to the Jamaican Defense Force.
If confirmed, I will work hard to see that this collaboration
between our countries continues to increase as we seek to reduce the
flow of drugs that transit Jamaica and enter the United States.
Question. What is your view of the current Holness Government's
approach to combating violence and drug trafficking, specifically by
creating local states of emergencies?
Answer. I understand that the Holness administration is working
hard to reduce the high level of crime, especially homicide, plaguing
the country. Crime in Jamaica is a special concern because of the
number of U.S. citizens who reside or visit the country. The 26 U.S.
Government agencies that make up the Embassy in Kingston provide
capacity building assistance to aid local criminal justice actors,
including Jamaican courts, the Jamaican Constabulary Force, and the
Jamaican Defense Force, and support other efforts to reduce violence.
This includes programs under the Caribbean Basin Security Initiative to
reduce illicit trafficking, improve public safety and security, and
prevent youth crime and violence in the Caribbean.
If confirmed, I will work to ensure that we maintain our close
relationship with Jamaican authorities and civil society groups aimed
at reducing the level of violence and countering drug trafficking.
__________
Correspondence from The Inter Jewish Muslim Alliance, Supporting Dr.
Deborah E. Lipstadt's Nomination to be Special Envoy to Monitor and
Combat Antisemitism
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Correspondence from Senator James Lankford, U.S. Senator for Oklahoma,
Supporting Dr. Deborah E. Lipstadt's Nomination to be Special Envoy to
Monitor and Combat Antisemitism
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
----------
NOMINATIONS
----------
THURSDAY, MARCH 3, 2022
U.S. Senate,
Committee on Foreign Relations,
Washington, DC.
The committee met, pursuant to notice, at 10:45 a.m., in
Room SD-106, Dirksen Senate Office Building, Hon. Edward J.
Markey presiding.
Present: Senators Markey [presiding], Murphy, Kaine,
Booker, Van Hollen, Risch, Romney, Young, and Cruz.
OPENING STATEMENT OF HON. EDWARD J. MARKEY,
U.S. SENATOR FROM MASSACHUSETTS
Senator Markey. This nominations hearing of the Senate
Foreign Relations Committee will come to order.
We are here today to consider nominees for four crucial
positions: the Honorable Alina Romanowski to serve as
Ambassador to the Republic of Iraq; Mr. Douglas Hickey to serve
as Ambassador to the Republic of Finland, Mr. Steven Fagin to
serve as Ambassador to the Republic of Yemen; and the Honorable
Erin McKee to serve as Assistant Administrator for the United
States Agency for International Development--USAID--for Europe
and Eurasia.
I would like to congratulate each of you on your
nominations, thank you for your service, and thank your
families who have supported you and will continue to support
you in your service to our country.
I understand that Senator Kaine would like to introduce Mr.
Hickey for Ambassador to Finland.
But let me turn first--would the ranking member of the full
committee, Senator Risch, like to say a word?
STATEMENT OF HON. JAMES E. RISCH,
U.S. SENATOR FROM IDAHO
Senator Risch. Very briefly, with the permission of Senator
Kaine. I know Senator Kaine and Mr. Hickey are well acquainted.
Mr. Hickey hails from Idaho and this is a man that is well
suited for the position that he has been nominated for. Like a
lot of these, when we get a really good one, he did not seek it
out but the request came knocking and he answered, and has an
outstanding background in the business community.
But he also has very significant experience in the past on
diplomatic matters. So I think you will find him really
qualified for this job.
And right now, this is an important position that we are
talking about. Finland, we all know, is not a member of NATO.
They are having second thoughts, for obvious reasons, and I
think all the encouragement that we can give them, particularly
now when the person--the entity that does not want them--does
not want Finland there cannot do much about it because they are
otherwise occupied, and we hope you will continue to encourage
that.
Mr. Hickey, thank you, and thank you to all of you who are
willing to take these positions and to serve. We are in a
unique time right now. We hope things calm down quickly. But it
looks like we may be in for the long haul. So all of you are
going to have your hands full.
So with that, I am going to excuse myself, as I have some
other things that I have to attend to. Thanks so much.
Senator Markey. Thank you, Senator Risch.
Senator Kaine?
STATEMENT OF HON. TIM KAINE,
U.S. SENATOR FROM VIRGINIA
Senator Kaine. Thank you, Mr. Chair, to my committee
colleague, and to the nominees Congratulations to all of you,
and I will have questions for each of you but I want to now
proudly introduce my longtime friend--please do not hold that
against him--but my longtime friend, Doug Hickey, who is here
as the President's Ambassador--nominee to be Ambassador to
Finland, and he is joined by his wife, Dawn, who is also a
close friend.
Doug is very qualified for this position for a couple of
reasons. First, he has decades of experience--more than three
decades of experience holding senior level positions in the
telecom, internet, and technology industries, and he has been
in the tech space his whole career as a founder and builder of
numerous companies and also an investor in those companies.
This background is particularly important for Finland
because the technology export is that nation's key industry--is
that nation's key export industry and they are a global leader.
Doug's background in the tech space will make him a natural fit
in the position.
Doug also has, as Chairman--Ranking Member Risch mentioned,
notable government experience because he was appointed by
President Obama to head the U.S. involvement in the Milan World
Expo in 2014. He has performed vital volunteer work for many
philanthropic organizations--Catholic Relief Services, the
Robert F. Kennedy Human Rights Center, his alma mater, Siena
College.
His life experience, business background, innovation, and
deep intellect will be critical to this U.S.-Finland
partnership.
As Senator Risch mentioned, the U.S. relationship with
Finland is a very strong one but it is more important than
ever. Finland has often played the role with the United States
as an interlocutor on matters dealing with Russia and sometimes
an interpreter as to Russian intent and actions.
Finland has the European Union's longest border with
Russia. So as Vladimir Putin continues the barbaric, unjust,
illegal invasion of Ukraine, Doug will work tirelessly with the
mission there in Finland to strengthen the U.S. commitment to
Finland's security, especially as Finland is taking some steps
that are quite unusual for them--delivery of weaponry to
support Ukraine's defense, consideration of accession to NATO.
He is an excellent and highly qualified choice for this
position and I strongly urge my committee colleagues and then I
will strongly urge my colleagues on the floor to promptly
support him. We need an ambassador in Finland as soon as we
can.
Thank you, Mr. Chair.
Senator Markey. Thank you, Senator Kaine.
And thank you, Mr. Hickey. I think you have received about
as good an endorsement as you could receive.
And we also will be hearing from Alina Romanowski, who was
nominated to be the U.S. Ambassador to Iraq. Ambassador
Romanowski is a career member of the Senior Executive Service,
currently serving as the U.S. Ambassador to Kuwait.
Previously, she served as the Department of State's
Principal Deputy Coordinator for Counterterrorism. She joined
the Department of State to establish the Middle East
Partnership Initiative Office and served as its first director.
In light up her broad foreign policy experience, leadership
abilities, and distinguished U.S. Government career, she is,
clearly, highly qualified to serve as U.S. Ambassador to Iraq.
Welcome, Ambassador Romanowski. U.S. leadership is critical
in addressing the dual concerns of security and human rights in
Iraq. Progress on both issues depends on robust engagement
between the United States and the Iraqi Government.
Next, I will introduce Steven Fagin, who is nominated for
the position of U.S. Ambassador to Yemen. Mr. Fagin is a career
member of the Senior Foreign Service, class of Minister-
Counselor. He recently served as the Deputy Chief of Mission
and later charge d'affaires of the U.S. Embassy in Iraq.
Prior to that, Mr. Fagin held several other positions
focused on the Middle East, including principal officer at the
U.S. Consulate General in Erbil, Iraq, and director of the
Office of Iranian Affairs in the State Department's Bureau of
Near Eastern Affairs.
He earned a bachelor's from Williams College and he has
demonstrated success as a leader in both Washington and abroad.
So welcome to you, Mr. Fagin, as well.
And, finally, I would like to introduce Erin McKee, who is
nominated to be the Administrator for Europe and Eurasia at the
U.S. Agency for International Development.
Ambassador McKee is, clearly, up to the challenge ahead,
based on her experience and her expertise. She is currently the
U.S. Ambassador to the Independent State of Papua New Guinea,
the Solomon Islands, and the Republic of Vanuatu.
Ambassador McKee is a career member of the Senior Foreign
Service with the rank of career minister and brings a wealth of
foreign policy and development experience to her position.
Prior to her work in the Pacific Island region, she worked
on Eastern Europe at USAID and in the private sector. She is a
graduate of the University of California. And we welcome you to
the hearing here today.
And so we will begin. But if you, Senator Cruz, would like
to make an opening statement, you are recognized for that
purpose.
STATEMENT OF HON. TED CRUZ,
U.S. SENATOR FROM TEXAS
Senator Cruz. Thank you, Mr. Chairman. Thank you to today's
panelists. Congratulations on your nominations.
If confirmed, each of you will be dispatched to regions
that are in deep turmoil right now and that are beset by
multiple crises. In Europe, as everyone knows, Russia has
launched an unprovoked war, the largest land war that the
continent has seen since World War II.
Our allies face incalculable harm and the existence of
Ukraine hangs in the balance. In the Middle East, the Iranian
regime has flooded the region with terrorism and violence, has
seized control of entire countries, such as Lebanon, and seeks
to build a nuclear arsenal that I believe there is an
unacceptably high risk they would use against Israel or,
indeed, against the American homeland.
Many of these crises are self-inflicted. Since the earliest
days of the Biden administration, Biden-Harris officials have
pursued policies all but explicitly designed to weaken our
allies and to embolden our enemies.
In Europe, the Biden administration spent much of 2021
undercutting our Ukrainian allies militarily, economically, and
diplomatically.
The President inexplicably issued waivers for Nord Stream
2, providing Putin with an alternative route to send gas to
Europe and exposing Ukraine to the existential conflict it is
now facing.
The administration at least twice withheld lethal
assistance from our Ukrainian allies, aid they would have
trained with and now will be using, all in an effort to grease
relations with Russia.
Biden/Harris officials denied President Zelensky an early
critical meeting with President Biden in order to try to coerce
his approval for such policies and, of course, on the eve of
war, State Department officials were dispatched to offer broad
concessions to Russia that would have crippled NATO, and once
they became public that signaled weakness to both our allies
and our adversaries.
The State Department went so far as to pressure the
Ukrainians to cede territory to Russia--the literal definition
of European appeasement.
At times like this, we need every ally we can find. But,
unfortunately, across the globe, the Biden administration has
alienated many of our traditional allies.
Yesterday, this committee heard testimony about India from
Assistant Secretary Lu. India is a critical ally across a
number of areas and the U.S.-Indian alliance has broadened and
deepened in recent years. But under the Biden administration it
has gone backwards.
And so yesterday in a United Nations General Assembly vote
condemning Putin's aggression the Indians abstained rather than
stand with us against Russia, and today there are reports that
the Biden administration is contemplating imposing CAATSA
sanctions against India, the largest democracy on Earth, a
decision that I think would be extraordinarily foolhardy.
India is not the only country to have voted against us and
against condemning Russia. The United Arab Emirates also
abstained in yesterday's vote.
The UAE is a close ally of the United States and during the
Trump administration was a critical player in the Abraham
Accords that fundamentally transformed the entire Middle East
and brought Israelis and Arabs together under American
leadership.
When the Biden administration took over, however, they made
it a week one priority to tilt away from our regional allies
and towards Iran, and they immediately dismantled terrorism
sanctions on the Iran-controlled Houthis in Yemen.
The Houthis, of course, did not wait a day before
escalating their attacks and they eventually started launching
terrorist attacks into the UAE itself.
Critically, this week and this weekend the Biden
administration is looking to lock in their pivot towards Iran
at breathtaking danger to our Middle East allies and to the
United States itself.
There are reports from Vienna that a new agreement from
Iran will be announced imminently. This deal is nothing short
of catastrophic, and I fully anticipate that the Biden
administration will attempt to circumvent congressionally
mandated review of the deal.
The deal will provide Iran with a functionally unlimited
nuclear program, facilitate the development of ICBMs, dismantle
sanctions related to terrorism and human rights, and pour
hundreds of billions of dollars into the regime's coffer.
A regime headed by a theocratic ayatollah who chants
``Death to America'' and ``Death to Israel'' is on the verge of
being massively funded by President Joe Biden.
In these dangerous times, I look forward to hearing your
testimonies and discussing each of these issues with you.
Thank you, Mr. Chairman.
Senator Markey. Once again, it is my pleasure to welcome
our nominees to today's hearing. Thank you for taking the time
to discuss your experiences and qualifications with us.
And now we are going to turn to your opening statements and
I will ask each of you to keep your statements to approximately
five minutes, knowing that your full statements will be made
part of the record, without objection. We will start with
Ambassador Romanowski and proceed in turn.
First, I have a few questions that speak to the importance
of this committee and what--and the responsibility we have to
ensure that there is a responsiveness of all officials in the
executive branch and that we expect--we will be seeking from
you, and I would ask each of you to provide just a yes or no
answer.
Do each of you agree to appear before this committee and
make officials from your office available to the committee and
designated staff when invited?
Can each of you say yes?
[All witnesses answer in the affirmative.]
Senator Markey. Do you commit to keep this committee fully
and currently informed about the activities under your purview?
Will each of you respond yes?
[All witnesses answer in the affirmative.]
Senator Markey. Do you commit to engaging in meaningful
consultation while policies are being developed, not just
providing notification after the fact? Will each of you answer
yes?
[All witnesses answer in the affirmative.]
Senator Markey. Do you commit to promptly responding to
requests for briefings and information requested by the
committee and its designated staff?
[All witnesses answer in the affirmative.]
Senator Markey. That is fine, and we will look forward to
your cooperation in the months and years ahead after you are
confirmed.
So we will begin with Ambassador Romanowski. We are now
going to recognize you for a five-minute statement.
STATEMENT OF HON. ALINA L. ROMANOWSKI OF ILLINOIS, A CAREER
MEMBER OF THE SENIOR EXECUTIVE SERVICE, NOMINATED TO BE
AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED
STATES OF AMERICA TO THE REPUBLIC OF IRAQ
Ms. Romanowski. Thank you, Senator.
Mr. Chairman, with your permission, I would like to submit
my complete testimony for the record.
Senator Markey. Without objection.
Ms. Romanowski. Chairman Markey, Ranking Member Cruz, and
members of the committee, it is an honor to appear before you
today as President Biden's nominee to the U.S. Ambassador to
the Republic of Iraq.
I want to thank President Biden and Secretary Blinken for
their confidence in me, especially as a member of the career
civil service. If confirmed, I look forward to working with
this committee to defend and advance our nation's interest in
Iraq.
I am grateful to share this day with my family. My husband,
a retired U.S. Navy submariner, and I raised two sons, one
making their way in the financial investment world and the
other expecting to serve our nation when he completes the U.S.
Navy's Officer Candidate School next month.
My parents, who came to the United States in their 20s,
instilled in me a deep sense of service, respect, and humility,
and their guidance remains with me in spirit.
My more than 40 years of public service have taken me
across the Departments of State and Defense, USAID, and the
intelligence community in positions mostly focused on the
Middle East.
If confirmed, I will draw on that broad experience to
advance U.S. national security interests in Iraq and the
region. It is the greatest honor to be entrusted with
strengthening our relationship with Iraq.
From my many years of experience in the Middle East,
especially in my current role as Ambassador to Kuwait, I know
firsthand the importance of this critical strategic
partnership.
Iraq remains a foreign policy priority for the United
States and is a cornerstone of regional stability. The United
States is committed to deepening its enduring partnership with
the Iraqi people.
As Iraq learns to manage the COVID-19 pandemic and
continues to rebuild following the territorial defeat of ISIS,
we are focused on bolstering Iraq as a sovereign, stable,
secure partner free from malign influence.
We must stay engaged to ensure that Iraq can address
internal and external threats, secure its borders, limit the
influence of great power competitors, while respecting the
human rights and fundamental freedoms of Iraqis.
If confirmed, I will underscore the importance of Iraq
charting an independent foreign policy and continuing
cooperation with its regional neighbors to enhance its
sovereignty, security, critical infrastructure, and economic
development.
The United States supports a stable, prosperous, and
democratic Iraq that serves all its citizens, including its
most vulnerable and marginalized communities.
If confirmed, I will continue to prioritize U.S. assistance
programs that encourage durable solutions for Iraq's most
vulnerable populations.
Since 2018 alone, the United States has provided over $500
million in assistance to support members of these communities.
If confirmed, I look forward to meeting with these communities
and addressing their concerns.
The United States continues to work with our Iraqi partners
as they seek to strengthen their democratic institutions,
responsive governance, and the rule of law.
If confirmed, bolstering Iraq's independence and advancing
citizens' rights will be a top priority in my engagements with
Iraq's new Government.
I will encourage Iraq's political, economic, and civil
society leaders to focus on building a prosperous and resilient
Iraq. I will also encourage further cultural and educational
exchanges between our two countries.
Economic reform is essential for Iraq to prosper. If
confirmed, I will continue to press the Government of Iraq to
diversify its economy, expand private sector growth, reduce
corruption, improve transparency, and create new markets for
U.S. exports.
For example, I will vigorously advocate for Iraq to fulfill
and even expand its arrangement to purchase U.S. rice and
wheat.
Our security partnership with Iraq is an essential
component of our relationship and stability in the region. The
Combined Joint Task Force Operation Inherent Resolve has
transitioned to an advise, assist, and enable mission. It
continues to provide the Iraqi Security Services critical
support for the enduring defeat of ISIS and retains the
inherent right to self-defense.
If confirmed, I will ensure that our security partnership
continues to support security sector reform, D-ISIS
stabilization, counterterrorism, cooperation, and border
security.
We are invested in strengthening Iraqi's security
institutions including the Peshmerga in the Iraqi Kurdistan
region. The Iraqi Kurdistan region is considered an example of
tolerance and peaceful coexistence.
I am concerned, however, about the backsliding in the area
of human rights, in particular, freedom of expression. If
confirmed, I will work with our partners in the Iraqi Kurdistan
region to ensure they maintain their standing as an example,
working towards political and economic reforms, all while
anchored within a federal Iraq.
Finally, if confirmed, I look forward to leading our
Embassy in Baghdad. My highest priority will be the safety and
security of over 25,000 Americans who live and work in Iraq.
Thank you for the opportunity to appear here today, and I
look forward to your questions.
[The prepared statement of Ms. Romanowski follows:]
Prepared Statement of Hon. Alina L. Romanowski
Chairman Markey, Ranking Member Cruz, and members of the committee,
it is an honor to appear before you today as President Biden's nominee
to be the U.S. Ambassador to the Republic of Iraq.
I want to thank President Biden and Secretary Blinken for their
confidence in me, especially as a member of the career civil service.
If confirmed, I look forward to working with this committee to defend
and advance our nation's interests in Iraq.
I am grateful to share this day with my family. My husband, a
retired U.S. Navy submariner, and I raised two sons--one making his way
in the financial investment world and the other expecting to serve our
nation when he completes the U.S. Navy's Officer Candidate School next
month. My parents, who came to the United States in their 20s,
instilled in me a deep sense of service, respect, and humility and
their guidance remains with me in spirit.
My more than 40 years of public service have taken me across the
interagency in the Departments of State and Defense, USAID, and the
intelligence community in positions mostly focused on the Middle East.
If confirmed, I will draw on that broad experience to advance U.S.
national security interests in Iraq and the region.
It is the greatest honor to be entrusted with strengthening our
relationship with Iraq. From my many years of experience in the Middle
East, especially in my current role as Ambassador to Kuwait, I know
firsthand the importance of this critical strategic partnership.
Iraq remains a foreign policy priority for the United States and is
a cornerstone of regional stability. The United States is committed to
deepening its enduring partnership with the Iraqi people. As Iraq
learns to manage the COVID-19 pandemic and continues to rebuild
following the territorial defeat of ISIS, we are focused on bolstering
Iraq as a sovereign, stable, secure partner, free from malign
influence. We must stay engaged to ensure that Iraq can address
internal and external threats, secure its borders, limit the influence
of great power competitors, while respecting the human rights and
fundamental freedoms of Iraqis. If confirmed, I will underscore the
importance of Iraq charting an independent foreign policy and
continuing cooperation with its regional neighbors to enhance its
sovereignty, security, critical infrastructure, and economic
development.
The United States supports a stable, prosperous, and democratic
Iraq that serves all its citizens, including its most vulnerable and
marginalized communities. If confirmed, I will continue to prioritize
U.S. assistance programs that encourage durable solutions for Iraq's
most vulnerable populations. Since 2018 alone, the United States has
provided over $500 million in assistance to support members of these
communities. If confirmed, I look forward to meeting with these
communities and addressing their concerns.
The United States continues to work with our Iraqi partners as they
seek to strengthen their democratic institutions, responsive
governance, and the rule of law. If confirmed, bolstering Iraq's
independence and advancing citizen rights will be a top priority in my
engagements with Iraq's new Government. I will encourage Iraq's
political, economic, and civil society leaders to focus on building a
prosperous and resilient Iraq. I will also encourage further cultural
and education exchanges between our two countries.
Economic reform is essential for Iraq to prosper. If confirmed, I
will continue to press the Government of Iraq to diversify its economy,
expand private sector growth, reduce corruption, improve transparency,
and create new markets for U.S. exports. For example, I will vigorously
advocate for Iraq to fulfill and even expand its arrangement to
purchase U.S. rice and wheat.
Our security partnership with Iraq is an essential component of our
relationship and stability in the region. The Combined Joint Task
Force--Operation Inherent Resolve has transitioned to an advise,
assist, and enable mission in Iraq. It continues to provide the Iraqi
security forces critical support for the enduring defeat of ISIS and
retains the inherent right to self-defense. If confirmed, I will ensure
that our security partnership continues to support security sector
reform, D-ISIS stabilization, counterterrorism cooperation, and border
security. We are invested in strengthening Iraqi security institutions,
including the Peshmerga in the Iraqi Kurdistan Region, to strengthen
regional stability.
The Iraqi Kurdistan Region is considered an example of tolerance
and peaceful coexistence. I am concerned, however, about backsliding in
the area of human rights, in particular freedom of expression. If
confirmed, I will work with our partners in the Iraqi Kurdistan Region
to ensure they maintain their standing as an example, working towards
political and economic reforms, all while anchored within federal Iraq.
Finally, if confirmed, I look forward to leading our Embassy in
Baghdad. My highest priorities will be to strengthen the U.S.-Iraq
partnership and most importantly, the safety and security of over
25,000 Americans who live and work in Iraq.
Thank you for the opportunity to appear here today and I look
forward to your questions.
Senator Markey. Thank you, Ambassador.
Mr. Hickey, you are recognized for five minutes.
STATEMENT OF DOUGLAS T. HICKEY OF IDAHO, NOMINATED TO BE
AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED
STATES OF AMERICA TO THE REPUBLIC OF FINLAND
Mr. Hickey. Mr. Chairman, Ranking Member, and distinguished
members of the committee, thank you for the privilege of
appearing before you today.
I am honored to be the nominee for U.S. Ambassador to
Finland and I am deeply grateful to President Biden for the
confidence he has placed in me.
I would like to thank my family and friends for all their
support and love during this process. I would like to thank my
wife, who is with me here today, Dawn, and my children, Bob,
Kristen, Cole, Parker, and Lyra for all their love and support.
The United States and Finland share close security,
economic, geopolitical, and cultural ties. Like the United
States, Finland is committed to safeguarding democracy,
protecting fundamental human rights, combating climate change,
promoting technological and economic advance, and ensuring
peace and security throughout the world.
I firmly believe we can continue to accomplish many
American policy objectives with the support of our deep
transatlantic cooperation with Finland.
If confirmed, the following are the top priorities I would
seek to advance.
First, my top priority is always to ensure the safety and
security of American citizens. I would work with Finnish
officials in Embassy Helsinki to ensure Americans visiting or
living in Finland were afforded all protections and rights to
which they are entitled.
I would do my utmost to protect the safety and well being
of Embassy personnel and their families. I would also have an
open-door policy to gather ideas on how to be the most
effective team, how to keep our Embassy community morale high,
and how to best serve American people at home and abroad.
A second priority, if confirmed, will be to further deepen
our defense coordination with defense. As a NATO enhanced
opportunities partner, Finland has contributed much to our
shared global defense objectives.
The Finnish Government announced in December that it would
purchase 64 new F-35 fighter jets, which will deepen U.S.-
Finland security and defense ties for decades to come.
And as a fellow and like-minded member of the Arctic
Council, Finland is an instrumental partner in shaping Arctic
policy, a region of the world garnering increased attention for
its economic, security, and geopolitical prospects.
A third priority would be to advance American economic
interest in Finland, particularly, by growing and empowering
bilateral business ties. The United States and Finland work
well together as two of the world's leading technology
innovators with collaboration in all levels of the private
sector, academia, civil society, and government.
We should continue this work with Finland to open new
sources of economic opportunity in areas such as green
technologies, artificial intelligence, quantum computing, and
5G and 6G.
The United States should build upon our shared economic
interest and capabilities with Finland not only to contribute
to increased job creation and economic prosperity for both
nations, but also because our shared values and technological
prowess will provide a stronger defense against adversaries who
may seek to compromise intellectual property or sensitive
infrastructure.
Lastly, if confirmed, I would work to advance joint efforts
by the United States and Finland to address global challenges.
While the Finnish and American people share a love for
democracy and freedom, there are others around the globe
seeking to impose their authoritarian beliefs.
Russia's premeditated, unprovoked, and unjustified attack
on Ukraine is just one example. These adversaries spread
disinformation, disrupt peace, imprison dissenters, support
violence, and suppress fundamental rights.
With Finland, I believe the United States has a trusted
partner in defending democratic values and countering tactics
of authoritarian regimes and malicious non-state actors.
If confirmed, I look forward to working with Finland on the
unprecedented challenges facing our world such as fighting
climate change, safeguarding the rules-based international
order, countering corruption, and combating COVID-19 and
preventing future pandemics.
If confirmed, I will work to ensure that the U.S.
relationship with Finland is best equipped to address these and
the challenges that come.
Let me conclude by saying it would be my honor to serve as
U.S. Ambassador to Finland. Thank you for your time and
consideration today, and I look forward to your questions.
[The prepared statement of Mr. Hickey follows:]
Prepared Statement of Douglas T. Hickey
Mr. Chairman, Ranking Member, and distinguished members of the
committee, thank you for the privilege of appearing before you today. I
am honored to be the nominee for U.S. Ambassador to Finland, and I am
deeply grateful to President Biden for the confidence he has placed in
me.
I would like to thank my family and friends for their support. I
would like to thank my wife Dawn and my children, Bob, Kristen, Cole,
Parker, and Lyra for all their love and support.
The United States and Finland share close security, economic,
geopolitical, and cultural ties. Like the United States, Finland is
committed to safeguarding democracy, protecting fundamental and human
rights, combatting climate change, promoting technological and economic
advancement, and ensuring peace and security throughout the world. I
firmly believe we can continue to accomplish many American policy
objectives with the support of our deep transatlantic cooperation with
Finland. If confirmed, the following are the top priorities I would
seek to advance:
First, my top priority is always to ensure the safety and security
of American citizens. I would work with Finnish officials and Embassy
Helsinki to ensure Americans visiting or living in Finland were
afforded all protections and rights to which they are entitled. I would
do my upmost to protect the safety and well-being of Embassy personnel
and their family members. I would also have an open-door policy to
gather ideas on how to be the most effective team, how to keep our
Embassy community morale high, and how to best serve the American
people at home and abroad.
A second priority, if confirmed, will be to further deepen our
defense coordination with the Finns. As a NATO Enhanced Opportunities
Partner, Finland has contributed much to our shared global defense
objectives. The Finnish Government announced in December that it would
purchase 64 new F-35 fighter jets, which will deepen U.S.-Finland
security and defense ties for decades to come. And as a fellow and
like-minded member of the Arctic Council, Finland is an instrumental
partner in shaping Arctic policy--a region of the world garnering
increasing attention for its economic, security, and geopolitical
prospects.
A third priority would be to advance American economic interests in
Finland, particularly by growing and empowering bilateral business
ties. The United States and Finland work well together as two of the
world's leading technology innovators, with collaboration at all levels
of the private sector, academia, civil society, and government. We
should continue this work with Finland to open new sources of economic
opportunity in areas such as green technologies, artificial
intelligence, quantum computing, and 5 and 6G. The United States should
build upon our shared economic interests and capabilities with Finland,
not only to contribute to increased job creation and economic
prosperity for both nations, but also because our shared values and
technological prowess will provide a stronger defense against
adversaries who may seek to compromise intellectual property or
sensitive infrastructure.
Lastly if confirmed, I would work to advance joint efforts by the
United States and Finland to address global challenges. While the
Finnish and American people share a love of democracy and freedom,
there are others around the globe seeking to impose their authoritarian
beliefs.
Russia's premeditated, unprovoked, and unjustified attack on
Ukraine is one example. These adversaries spread disinformation,
disrupt peace, imprison dissenters, support violence, and suppress
fundamental rights. With Finland, I believe the United States has a
trusted partner in defending democratic values and countering the
tactics of authoritarian regimes and malicious non-state actors.
If confirmed, I look forward to working with Finland on the
unprecedented challenges facing our world, such as fighting climate
change, safeguarding the rules-based international order, countering
corruption, and combating COVID-19 and preventing future pandemics. If
confirmed, I will work to ensure that the U.S. relationship with
Finland is best equipped to address these and the challenges that come.
Let me conclude by saying that it would be an honor to serve as the
U.S. Ambassador to Finland. Thank you for your time and consideration.
I look forward to your questions.
Senator Markey. Thank you, Mr. Hickey.
And now to you, Mr. Fagin. Welcome.
STATEMENT OF STEVEN H. FAGIN OF NEW JERSEY, A CAREER MEMBER OF
THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR,
NOMINATED TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF
THE UNITED STATES OF AMERICA TO THE REPUBLIC OF YEMEN
Mr. Fagin. Thank you.
Mr. Chairman, with your permission, I would like to submit
my complete testimony for the record.
Senator Markey. Without objection.
Mr. Fagin. Chairman Markey, Ranking Member Cruz,
distinguished members of the committee, I am thankful for the
opportunity to appear before you today as President Biden's
nominee to be the United States Ambassador to the Republic of
Yemen.
I am grateful to President Biden and Secretary Blinken for
this honor and their confidence in me. If confirmed, I commit
to working closely with members of this committee and Congress
on the critical U.S. foreign policy and national security
interests in Yemen.
First, I would like to thank my family for their steadfast
support during my 25 years in the Foreign Service, which has
often taken me far away from them.
My sister, Randi, and her husband, Rob, are in attendance
today. I am also one-half of a Foreign Service tandem couple.
The other half, Natasha Franceschi, is Deputy Chief of Mission
in Tunisia. We have served in some challenging places together,
including Baghdad, and Natasha is watching these proceedings
from Tunis.
When I was in college in the late 1980s, I participated in
a student exchange program to the USSR under President Reagan's
U.S.-Soviet exchange initiative. This was a life-changing
experience that led me to pursue a career in diplomacy.
I have spent much of my career working in and on conflict
and post-conflict countries, and I have witnessed firsthand the
human and physical devastation resulting from war, especially
in Bosnia, Herzegovina, and Iraq.
The escalation of hostilities and dramatic increase in
civilian casualties in Yemen over the last few months are
deeply troubling, both for the long-suffering people of Yemen
and for the entire Gulf region.
However, continued conflict is not inevitable and peace in
Yemen is possible. If confirmed, I look forward to working
closely with U.S. Special Envoy for Yemen Tim Lenderking to
support U.N.-led efforts to secure a durable and inclusive
resolution to the conflict, which also addresses Yemen's dire
economic situation.
I know we are all profoundly concerned by increasingly
aggressive Houthi actions in recent months, including attacks
impacting civilians and civilian infrastructure in the UAE and
Saudi Arabia using missile and armed drone technology provided
by Iran.
There are more than 130,000 Americans living in these
countries and their safety is under threat from such attacks.
I assure you that, if confirmed, I will have no higher
priority than ensuring the safety and security of our citizens.
The unlawful flow of weapons from Iran to the Houthis is
also enabling the continued Houthi offensive in Marib,
complicating efforts to get the parties to the negotiating
table and extending the suffering of civilians.
Strengthening enforcement of the targeted U.N. arms embargo
for Yemen to cut off the flow of arms to the Houthis must be a
priority.
Mr. Chairman, the ongoing Houthi detention of current and
former members of our local Yemeni staff in Sana'a is
deplorable and an affront to the entire international
community.
The United States has communicated this to the Houthi
leadership, and the U.N. Security Council has condemned these
Houthi actions in the strongest terms, as has the U.S.
Congress.
If confirmed, I will work tirelessly to ensure the safety
and well being of all current and former U.S. Government
employees in Yemen and a return to U.S. control of our former
Embassy compound.
On February 23rd, the Treasury Department announced
additional designations of members of an international network
led by IRGC Quds Force and Houthi financier Sa'id al-Jamal
involved in funding the Houthis' war against the Government of
Yemen.
The United States will continue targeted designations of
individuals and entities that seek to perpetuate the conflict
and humanitarian crisis in Yemen for their own gain.
The United States continues to lead the international
community's humanitarian response to the dire humanitarian and
economic conditions facing the people of Yemen, and our
partners must also do their share to fund this response.
Ensuring partners can deliver crucial assistance without
interference or delay, and enacting reforms to restore the
foundations of Yemen's economy are critical.
Our Yemen policy must continue to be fully aligned with our
global policy priorities and principles. If confirmed, I will
aim to strengthen coordination with the Government of Yemen and
other partners in our shared counterterrorism fight against al-
Qaeda in the Arabian Peninsula and other violent extremists.
President Biden and Secretary Blinken have been clear that
human rights are central to U.S. foreign policy. If confirmed,
I will ensure that this remains the case in Yemen. Without
accountability and justice there cannot be a durable and
lasting peace.
Mr. Chairman, the challenges in Yemen today are,
undoubtedly, complex, as you know. Thank you for the
opportunity to testify and I look forward to your questions.
[The prepared statement of Mr. Fagin follows:]
Prepared Statement of Steven H. Fagin
Chairman Markey, Ranking Member Cruz, distinguished members of the
committee, I'm thankful for the opportunity to appear before you today
as President Biden's nominee to be the United States Ambassador to the
Republic of Yemen.
I am grateful to President Biden and Secretary Blinken for this
honor and their confidence in me. If confirmed, I commit to working
closely with members of this committee and Congress on the critical
U.S. foreign policy and national security interests in Yemen.
First, I would like to thank my family for their steadfast support
during my 25 years in the Foreign Service, which has often taken me
away from them. My sister Randi and her husband Rob are in attendance
today. I am one-half of a Foreign Service tandem couple. The other
half, Natasha Franceschi, is Deputy Chief of Mission in Tunisia. We've
served in some challenging places together, including Baghdad, and
Natasha is watching these proceedings from Tunis.
When I was in college in the late 1980s, I participated in a
student exchange program to the USSR under President Reagan's U.S.-
Soviet Exchange Initiative. This was a life-changing experience that
led me to pursue a career in diplomacy. I've spent much of my career
working in and on conflict and post-conflict countries, and I've
witnessed firsthand the human and physical devastation resulting from
war, especially in Iraq and Bosnia and Herzegovina.
The escalation of hostilities and dramatic increase in civilian
casualties in Yemen over the last few months are deeply troubling both
for the long-suffering people of Yemen and for the entire Gulf region.
However, continued conflict is not inevitable, and peace in Yemen is
possible. If confirmed, I look forward to working closely with U.S.
Special Envoy for Yemen Tim Lenderking to support U.N.-led efforts to
secure a durable and inclusive resolution to the conflict, which also
addresses Yemen's dire economic situation.
I know we are all profoundly concerned by increasingly aggressive
Houthi actions in recent months, including attacks impacting civilians
and civilian infrastructure in the UAE and Saudi Arabia using missile
and armed drone technology provided by Iran. There are more than
130,000 Americans living in these countries, and their safety is under
threat from such attacks. I assure you that if confirmed, I will have
no higher priority than ensuring the safety and security of our
citizens.
The unlawful flow of weapons from Iran to the Houthis is also
enabling the continued Houthi offensive in Marib, complicating efforts
to get the parties to the negotiating table, and extending the
suffering of civilians. Strengthening enforcement of the targeted U.N.
arms embargo for Yemen, to cut off the flow of arms to the Houthis,
must be a priority.
Mr. Chairman, the ongoing Houthi detention of current and former
members of our local Yemeni staff in Sana'a is deplorable and an
affront to the entire international community. The United States has
communicated this to the Houthi leadership, and the U.N. Security
Council has condemned these Houthi actions in the strongest terms, as
has the U.S. Congress. If confirmed, I will work tirelessly to ensure
the safety and well-being of all current and former U.S. Government
employees in Yemen and a return to U.S. control of our former Embassy
compound.
On February 23, the Treasury Department announced additional
designations of members of an international network, led by IRGC-Qods
Force and Houthi financier Sa'id al-Jamal, involved in funding the
Houthis' war against the Government of Yemen. The United States will
continue targeted designations of individuals and entities that seek to
perpetuate the conflict and the humanitarian crisis in Yemen for their
own gain.
The United States continues to lead the international community's
response to the dire humanitarian and economic conditions facing the
people of Yemen, and our partners must also do their share to fund this
response. Ensuring implementing partners can deliver crucial assistance
without interference or delay, and enacting reforms to restore the
foundations of Yemen's economy, are critical.
Our Yemen policy must continue to be fully aligned with our global
foreign policy priorities and principles. If confirmed, I will aim to
strengthen coordination with the Government of Yemen and other partners
in our shared counter-terrorism fight against Al-Qaeda in the Arabian
Peninsula and other violent extremists.
President Biden and Secretary Blinken have been clear that human
rights are central to U.S. foreign policy. If confirmed, I will ensure
that this remains the case in Yemen. Without accountability and
justice, there cannot be a durable and lasting peace.
Mr. Chairman, the challenges in Yemen today are undoubtedly complex
as you know. Thank you for the opportunity to testify today and I look
forward to your questions.
Senator Markey. Thank you, Mr. Fagin.
And now we will turn to you, Ambassador McKee.
Welcome, and whenever you feel comfortable please begin.
STATEMENT OF HON. ERIN ELIZABETH MCKEE OF CALIFORNIA, NOMINATED
TO BE AN ASSISTANT ADMINISTRATOR OF THE UNITED STATES AGENCY
FOR INTERNATIONAL DEVELOPMENT
Ms. McKee. Thank you, Chairman.
With your permission, I would like my full testimony to be
submitted for the record.
Senator Markey. Without objection.
Ms. McKee. Chairman Markey, Ranking Member Cruz, members of
the committee, it is an honor to appear before you today as
President Biden's nominee to be the Assistant Administrator for
Europe and Eurasia for the United States Agency for
International Development.
I would like to thank the President for his trust in me and
I am deeply grateful for the honor to be nominated to serve in
a position at USAID, an agency I dedicated much of my career to
at a moment when its leadership and development expertise are
so urgently needed in Europe and Eurasia.
I am grateful to the members of the committee for the
opportunity to speak with you today, and if confirmed, I pledge
to work with you to advance our nation's interest in this
critical region of the world.
I would like to thank my family for their steadfast
support, particularly my husband, Sean, and my daughter,
Caitlin, who is here with me today. Their unconditional love
and encouragement have been my rock throughout my public
service career.
From Moscow to Lima, from Baghdad to Jakarta, they have
stood by my side and shared in the sacrifice and adventures of
nearly 30 years in the Foreign Service. I could not have made
this journey without them, and for that I am truly grateful.
Since 1995, I have had the tremendous opportunity to
represent the United States in nine overseas assignments as
well as here in Washington, D.C., with the U.S. Agency for
International Development and currently serving as U.S.
Ambassador to Papua New Guinea, Solomon Islands, and Vanuatu.
It has been my privilege to serve the American people and
advance our country's interests, promote our values and
principles, and offer host country nations a model for hope,
security, prosperity across a variety of diverse and complex
contexts.
If confirmed, I will have the distinct honor and
responsibility to lead the USAID Bureau for Europe and Eurasia
at a time when the stakes are as high as we have seen since
USAID first opened its doors in the region's newly independent
states 30 years ago.
Although many of USAID's partners in Eastern Europe and
Eurasia have achieved remarkable democratic and economic
progress, the region's development trajectory is under
increasing threat.
The Kremlin's malign influence across the region has
expanded and intensified in recent years, and with Russia's
invasion of Ukraine we are facing a grave and dangerous moment.
The People's Republic of China is also increasingly
leveraging its economic might to capture economies, undermine
sovereign decision-making, and weaken democratic norms.
While the people of the region work to secure prosperity, a
stronger voice in government, and independence from foreign
manipulation, powerful anti-democratic elites, both domestic
and foreign, seek to bend the region toward a future of
authoritarian rule and pervasive corruption.
USAID is a critical counterweight to the predatory
partnerships peddled by authoritarian regimes. USAID's work,
work that reflects American quality, integrity, and commitment,
helps host country partners secure mutually beneficial
investments, connectivity, peace, security, and development
impact with results that will be sustained and endure, and
critically, most critically, USAID inspires hope among people
of the region that the democratic dividend that is good
governance and a fair economic playing field are attainable.
Let me also note that while the region's challenges are
great, so too are the opportunities from democratic bright
spots such as Moldova and Armenia to the increasingly perilous
conditions in Belarus and the ongoing political crisis in
Bosnia and Herzegovina.
The region's people continue to stand up for transparent
accountable government, human rights, human dignity, at times
at great risk to their own personal safety.
Their efforts to lay the foundation for the region's
democratic future must be protected and safeguarded. Their
hard-fought gains to support their courageous efforts and
encourage further progress is a top priority.
Whether we are confronting the COVID-19 pandemic,
corruption, economic or social inequality, climate change,
threats to energy security, an outwardly aggressive Russia and
increasingly assertive China, or cyber threats, the United
States is most effective when we partner with our allies and
our friends, and support those striving every day in their
countries to build a democratic, prosperous, and stable future.
If confirmed, I will work closely with our allies and our
partners to promote peace and security, increase economic
opportunity, and advance respect for fundamental freedom and
human rights, building enduring partnerships with our host
countries in the process.
Thank you for this invitation to appear before you and I
welcome the opportunity to answer your questions.
[The prepared statement of Ms. McKee follows:]
Prepared Statement of Hon. Erin Elizabeth McKee
Chairman Menendez, Ranking Member Risch, members of the committee,
it is an honor to appear before you today as President Biden's nominee
to be the Assistant Administrator for Europe and Eurasia for the United
States Agency for International Development.
I would like to thank the President for his trust in me, and I am
deeply grateful for the honor of being nominated to serve in a position
at USAID, an Agency I dedicated much of my career to, at a moment when
its leadership and development expertise are so urgently needed in
Europe and Eurasia. I am grateful to the members of the committee for
the opportunity to speak with you today. If confirmed, I pledge to work
with you to advance our nation's interests in this critical region of
the world.
I would like to thank my family for their steadfast support,
particularly my husband Sean and my daughter Caitlin. Their
unconditional love and encouragement have been my rock throughout my
public service career--from Moscow to Lima--from Baghdad to Jakarta,
they have stood by my side and shared in the sacrifice and adventures
of nearly 30 years in the Foreign Service. I could have not made this
journey without them, and for that I am truly grateful.
Since 1995, I have had the tremendous opportunity to represent the
United States in nine overseas assignments, as well as here in
Washington, D.C., with the U.S. Agency for International Development,
and currently as U.S. Ambassador to Papua New Guinea, Solomon Islands,
and Vanuatu. It has been my privilege to serve the American people and
advance our country's interests, promote our values and principles, and
offer host-country nations a model for hope, security, and prosperity
across a variety of diverse contexts.
If confirmed, I will have the distinct honor and responsibility to
lead the USAID Bureau for Europe and Eurasia at a time when the stakes
are as high as we have seen since USAID first opened its doors in the
region's newly independent nations thirty years ago.
Although many of USAID's partners in Europe and Eurasia have
achieved remarkable democratic and economic progress, the region's
development trajectory is under increasing threat. The Kremlin's malign
influence across the region has expanded and intensified in recent
years, and with Russia's invasion of Ukraine, we are facing a grave and
dangerous moment in the region.
The People's Republic of China is also increasingly leveraging its
economic might to capture economies, undermine sovereign decision-
making, and weaken democratic norms.
While the people of the region work to secure prosperity, a
stronger voice in government, and independence from foreign
manipulation, powerful, anti-democratic elites, both domestic and
foreign, seek to bend the region toward a future of authoritarian rule
and pervasive corruption.
USAID is a critical counterweight to the predatory partnerships
peddled by authoritarian regimes. USAID's work--work that reflects
American quality, integrity, and commitment--helps host country
partners secure mutually beneficial investments, connectivity, peace,
security, and development impact, with results that will be sustained
and endure. And critically, USAID inspires hope among the people of the
region that the democratic dividend--good governance and a fair
economic playing field--are attainable.
Let me also note that while the region's challenges are great, so
too are the opportunities. From democratic bright spots, such as
Moldova and Armenia, to the increasingly perilous conditions in Belarus
and the on-going political crisis in Bosnia and Herzegovina, the
region's people continue to stand up for transparent, accountable
government, human rights, and human dignity--at times, even at great
risk to their own personal safety. Their efforts lay the foundation for
the region's democratic future. USAID can and must do its part to
safeguard their hard-fought gains, support their courageous efforts,
and encourage further progress.
Whether we are confronting the COVID-19 pandemic, corruption,
economic or social inequality, climate change, threats to energy
security, an outwardly aggressive Russia, an increasingly assertive
China, or cyber threats, the United States is most effective when we
partner with our allies and support those striving every day in their
countries to build a democratic, prosperous future.
If confirmed, I will work closely with our allies and partners to
promote peace and security, increase economic opportunity, and advance
respect for fundamental freedoms and human rights, building enduring
partnership with our host countries in the process.
Thank you for this invitation to appear before you, I welcome the
opportunity to answer your questions.
Senator Markey. Thank you very much, Ambassador.
And now we will turn to a round of questions from the
Senators to our panel. The chair will recognize himself and
begin with you, Ambassador McKee.
We are seeing a humanitarian crisis unfold before our eyes
in and around Ukraine. As of this morning, the U.N. High
Commissioner for Refugees estimated that since the start of the
Russian invasion on February 24th more than 1 million refugees
have already fled Ukraine, with the highest numbers crossing
into Poland and Hungary.
To the extent that you can answer, what is USAID doing
right now to provide humanitarian assistance to Ukrainians and
others who are fleeing the Russian invasion and, from your
perspective, what role should USAID be playing in the days and
weeks and months and years to come as the humanitarian needs
become even greater?
Ms. McKee. Thank you, Chairman, very much for that
question.
It is our utmost priority, if confirmed, and I will make it
our utmost priority to stave off the human tragedy.
I understand that in the past few days USAID has announced
the stand up of a disaster assistance response team, or DART
team, to oversee our humanitarian response in close partnership
with the State Department's PRM Bureau, which will lead the
refugee response in Poland and other neighboring countries.
Administrator Power visited the Poland-Ukraine border over
the weekend to see firsthand the growing humanitarian needs
caused by the invasion and to signal USAID's prioritization of
close coordination with our European partners.
I also understand that from the earliest days our Bureau of
Humanitarian Response in USAID signaled our concerns about the
growing threat from Russia to the European Union and to echo
their counterpart in the EU, and I understand that in
anticipation of a worst case scenario they introduced maximum
flexibility in its response mechanisms to be able to scale up
and deliver the American assistance--foreign assistance through
our U.N. partners and allies where it is needed most.
On February 27th, the United States announced nearly $54
million in additional humanitarian assistance to Ukraine,
including $28 million for USAID to support critically needed
health care, safe drinking water, sanitation, hygiene,
supplies, and protection for vulnerable children.
So we are prioritizing, as I understand, the safety and
security not only of the refugees in the crisis that we are
facing but of our staff and citizens within the Ukrainian
borders and implementing partners who remain bravely protecting
and safeguarding U.S. investments where they can.
If confirmed, everything that we can do to stave off this
human tragedy, deliver humanitarian assistance, deliver
response immediately and build the foundation for recovery in
the medium and long term should the crisis, hopefully, wind
down will be my top priority, if confirmed.
Senator Markey. Thank you. And, as you know, the Biden
administration increased its request for assistance to Europe
by $10.8 million for fiscal year 2022 for activities including
supporting the rule of law and democracy in Central Europe,
combating antisemitism, and strengthening energy security and
diversification.
How is USAID programming furthering those goals and are
there other types of programs that you would prioritize in the
region?
Ms. McKee. Thank you, Senator. That is an important
question as well and I think, today, it is more acute and
critical than ever to stop the democratic backsliding and
provide market-based solutions for energy diversification to
stop the dependence on Gazprom and the Kremlin, and to identify
ways in which we can support the countries of Eastern Europe
and Eurasia to continue their Euro-Atlantic integration on an
accelerated path, and that means shoring up both democratic
institutions as well as civil society to give people a voice
and an opportunity to be able to strengthen good governance as
well as the free and independent media and other programs that
I know exist that need to be amplified now more than ever.
Senator Markey. Thank you, Ambassador.
Let me turn now and recognize Senator Cruz for a round of
questions.
Senator Cruz. Thank you, Mr. Chairman.
Mr. Fagin, let us start with you. When you and I sat down
and met, you emphasized the U.N.-led political process.
This week, the U.N. Security Council approved a resolution
which designates the Houthi militia as a terrorist
organization, making it subject to sanctions, along with
renewing asset freezes and travel bans and extending the arms
embargo.
This is a significant development, to say the least. What
signal does this send when the United Nations Security Council
is acting upon a stronger and more unified message against
terrorism while one of Biden's first moves in office was to
remove the Houthis as a designated terrorist group?
Mr. Fagin. Senator, thank you for the question, and as I
noted in my opening remarks, I share your concerns about the
Houthis' deplorable actions, their terrorist attacks, using
ballistic missile and drone technology against the UAE and
Saudi Arabia.
As the President has said, the issue of the possible
designation of the Houthis as an FTO is under review by the
Administration. My understanding is that that review is
considering the anticipated impact of such a designation on the
behavior of the Houthis as well as the anticipated impact on
the humanitarian situation.
Senator Cruz. Mr. Fagin, I can say we can assess the impact
so far that it has been disastrous. The Biden administration
ostentatiously made it a week one priority to undo terrorism
sanctions on the Iran-controlled Houthis.
On January 25th, just five days into the Administration,
they approved all transactions involving the Houthis for a
month. On January 27th, in his first appearance in the press
room, Secretary Blinken said he was, quote, ``particularly
focused'' on the question of undoing the terrorism
designations.
On February 5th, the State Department announced they would
be delisting those sanctions, and we know what happened next.
That very weekend the Houthis launched missiles at civilians in
the city of Marib, signaling the beginning of an offensive that
would become a bloodbath, and they launched armed drones into
Saudi Arabia.
After a year of such relentless terrorism, the Biden
administration reluctantly announced that it was imposing some
terrorism sanctions on the Houthis but not yet reversing their
decision.
Let me ask you a question I asked you in my office. Do you
believe the Houthis are terrorists?
Mr. Fagin. Senator, as I noted, the Biden administration
has condemned the Houthis' terrorist attacks on Saudi Arabia
and the UAE using ballistic missiles and drones.
Senator Cruz. Okay. Let me try that question again. Do you
believe the Houthis are terrorists?
Mr. Fagin. Senator, as I said, the Biden administration has
condemned the Houthis' terrorist attacks, and as I said as
well----
Senator Cruz. I have to say you said that in my office
also. You said they commit terrorist attacks but you were
unwilling to say they are terrorists. Explain to me how exactly
that works, like, how people who commit terrorist attacks are
not terrorists.
Mr. Fagin. Senator, let me just say, again, that the issue
of an FTO designation is under review by the Administration.
Senator Cruz. How many terrorist attacks do they have to
commit before you will admit they are terrorists?
Mr. Fagin. Senator, the Administration has condemned the
Houthis for their terrorist attacks on Saudi Arabia and the
UAE.
Senator Cruz. Except the Administration is unwilling to
acknowledge the obvious, that they are terrorists. Is one
terrorist attack enough? Is 10? Is a hundred terrorist attacks?
I just want to know how many civilians do the Houthis need
to murder before the Biden administration will acknowledge the
obvious, which is that they are terrorists?
Mr. Fagin. Yeah. Senator, I deeply share your concerns
about the Houthis. The Houthis have committed some deplorable
acts, not only these attacks on the UAE and Saudi Arabia, which
threaten our own citizens there--we have 130,000 citizens or
more than that residing in the UAE and Saudi Arabia.
The Houthis currently have in detention 13 current and
former members of our staff.
Senator Cruz. All right. Let me ask one final question both
to you, Mr. Fagin, and to you, Ms. Romanowski.
In my opening remarks, I discussed my profound concerns
with this administration's foolhardy Iran deal. The basis of
that deal is that Iran, the ayatollah, and the mullahs will be
flooded with hundreds of billions of dollars in immediate
resources from sanctions relief.
Based on both of your assessments of Yemen and Iraq,
respectively, and as a matter of your professional expertise in
the region, do you believe that if the Iranian regime receives
hundreds of billions of dollars that that money will go to
finance terrorism in Yemen and in Iraq?
Mr. Fagin, you can start.
Mr. Fagin. Senator Cruz, thank you for the question.
Again, I share your concerns about the malign activities of
the Iranian regime. But that is a speculative question. There
is not a deal in place.
Senator Cruz. I am asking your professional judgment and
this judgment goes to your competence in terms of whether you
should be confirmed to this post.
Mr. Fagin. Yeah. If I could----
Senator Cruz. Based on the behavior of Iran, do you believe
if they get hundreds of billions of dollars they will use that
to fund terrorism, and I would like a yes or no, based on your
professional judgment.
Mr. Fagin. Again, Senator, it is, unfortunately, a
speculative question because there is not a deal.
Senator Cruz. I am asking for your judgment.
Mr. Fagin. But I can, certainly, say that the Iranians will
not use funds for the betterment of their people.
Senator Cruz. Ms. Romanowski?
Ms. Romanowski. Senator, thank you for the question.
I also share your concerns with Iran's malign activity and
role in the region. Iran remains a primary enduring threat to
both Iraq and the region.
It has increasingly sophisticated military capability so
supports broad proxy networks and it has demonstrated that it
periodically is willing to use force against U.S. allies.
The Biden/Harris administration has determined that getting
back into the JCPOA is the best----
Senator Cruz. Ms. Romanowski, you are reading a statement.
I just am asking--will you answer the question? Do you believe,
based on your professional judgment, they will use hundreds of
billions of dollars to finance terrorism, yes or no?
Ms. Romanowski [continuing]. First of all, I am not privy
to any of the negotiations that are going on. But it is very
clear in the Iranian history that they have used their
resources and their funding that they can get to finance their
proxy networks and to continue to spread their malign
activities across the region.
Senator Cruz. Thank you.
Senator Markey. The Senator's time has expired.
The Senator from Connecticut?
Senator Murphy. Thank you very much, Mr. Chairman.
The theory here goes that if we stay out of a nuclear
agreement with Iran, if we continue to apply sanctions on Iran,
then that will decrease their support for terrorist groups in
the region.
There is no evidence to suggest that is the case. In fact,
if you look at the period of time since we withdrew from the
agreement all we have seen is an increased level of Iranian
involvement in Yemen, an increased amount of integration
between Iran and the Houthi forces there.
What we have seen is that support for Iranian proxy groups
in Iraq has increased. Those groups started firing at U.S.
troops after we withdrew from the agreement.
So this notion that if the United States continues to apply
maximum pressure that that is somehow going to convince the
Iranians to stop funding groups in the region just does not
bear out in reality.
And as to this question of the designation of the Houthis
as an FTO, we have to deal in the world of reality. Separate
and aside from what you think that term means, the practical
impact of designating the Houthis as an FTO is famine. Is
famine. And that is not me making that claim. That is the U.N.
That is the World Food Programme.
The World Food Programme says very clearly if you designate
the Houthis as an FTO we cannot operate inside Yemen.
They go further. Commercial food operators will not be able
to operate inside Yemen.
Now, maybe that is a flaw of our statutes, that the
designation of an entity as a foreign terrorist organization
has such extreme consequences for the people of that country.
But that is the reality.
And so we have to think seriously about whether we want to
subject millions of Yemenis to starvation as a consequence of
that designation and whether that is better or worse for the
people that we are trying to protect.
And I guess my only ask of you, Mr. Fagin, is that you
consult along with the Administration with those operators on
the ground who are going to be forced to pull out and submit
the Yemeni people to famine and starvation if we go forward
with this designation, given the fact that there are so many
other ways that we can impose sanctions on Houthi leaders, as
the Biden administration already has.
Let me ask you this question, Mr. Fagin.
My sense is that the Saudi-led coalition has not changed
their perspective on the path to peace. Escalation. Escalation.
Escalation.
We have to get into a deescalatory cycle in Yemen in order
to get to the table. We have been pressing the Saudis for the
last year to open up the airport to provide humanitarian
pathways for relief agencies to restart the Yemeni economy.
But at the foundation, we have got to be able to convince
both sides--the Houthis and the Saudis--that more escalation in
Sa'dah province, in Marib, is just going to lead to more of the
same. Am I correct in that assumption?
Mr. Fagin. Senator, thank you for the question, and I share
your concerns about the humanitarian situation and about
escalation.
As you know, in February of 2021 the Administration ended
our support for offensive military operations in Yemen. That
included the suspension of certain sales of munitions to Saudi
Arabia.
The administration has been pressing Saudi Arabia, the UAE,
and all parties to deescalate.
Now, on a positive front, the Saudis, the UAE, the
Government of Yemen, they support this U.N.-led process. In
fact, the Administration has been successful in marshaling an
international consensus in favor of this process, including at
the Security Council.
So we are behind this process and we can bring these
countries along.
Senator Murphy. I think we are going to have to be tougher
on our allies and partners in the region. We have got to be
equally tough on the Houthis. But we have got to deliver, I
think, a stronger message to our allies who continue to bring
the fight to Yemen, notwithstanding the fact that it does not
seem to be accruing to the benefit of their interests.
Mr. Chairman, I will submit a question to the record for
Ms. McKee. I want to make sure that USAID's activities in
funding anti-propaganda and anti-misinformation work in Europe
is integrated with the work of the Global Engagement Center.
I hope that we are going to pass a supplemental
appropriations bill for Ukraine that will include a dramatic
increase in the Global Engagement Center's funding. That means
we will be able to fight Russian propaganda about their efforts
in Ukraine.
USAID does a lot of this work as well, and sometimes I
worry that the two are not always working in close
coordination. And so I will submit a question for the record on
that subject.
Thank you, Mr. Chairman.
Senator Markey. The Senator from Virginia?
Senator Kaine. Thank you, Mr. Chair, and congratulations to
all the nominees. It is a good panel--three career Foreign
Service, one political nominee. I think that mixture that we
have in our ambassadors and Foreign Service professionals
abroad of career and political nominees is a good mixture and
you really represent the best of this tradition.
Mr. Fagin, I just particularly want to just comment about
you. Your spouse is--you are part of a two State Department
family and your spouse is the DCM in Tunisia, and that--it is
hard for families to serve abroad and it is especially hard for
them to serve abroad in split locations.
I remember the first time I was visiting Egypt as a member
of the committee and one of the Foreign Service professionals
there had to leave to go do a Skype date with her husband about
six time zones apart, and I said, that is a long way. She said,
this is not the farthest apart that we have been; we have been
farther apart than that.
So I just want to acknowledge the service of your family
and so many in the Foreign Service world.
Mr. Hickey, I want to ask you a question about the
discussions in Finland about NATO. Really interesting. In 2017,
the support of the Finnish population for NATO accession was 19
percent.
Recently, a poll had it at 53 percent for reasons that are
pretty obvious. And the polling also suggested that support for
joining NATO would be 66 percent if Sweden also were to join.
Finland and Sweden have traditionally had a lot of defense
cooperation.
However, Finnish political parties are still fairly
opposed, at least kind of in their stated position, to NATO
accession. An important role of a U.S. Ambassador is to promote
U.S. interests but not get involved in domestic politics.
The question of whether Finland were to join NATO is very
much a domestic political issue but it also, certainly, touches
upon values and principles really important to the United
States.
So should you be confirmed and be in this position and able
to offer information and answer questions about NATO, how would
you strike that balance between, again, offering advice and
answering questions and not overly engaging in this issue as a
matter of domestic Finnish politics?
Mr. Hickey. Thank you. Thank you, Senator, for that
question.
It is, clearly, timely, what has happened. I have been
tracking the polling information as you have as well in the
public domain. It is pretty striking what has happened and how
quickly it has happened.
The view of Finnish people has changed pretty dramatically,
relative to NATO, to the positive, and the reason, as you said,
is really obvious based upon what is happening with Russia and
Ukraine.
Finland shares the largest border in Europe with Russia--
800 miles--and has had a nuanced relationship with Russia for
many, many years. You talked about it earlier of them not only
as being an interlocutor but as an interpreter for many others,
which is a huge value to us, quite frankly, I think.
I think what we can do and I would do, if confirmed, is to
make sure parties at all levels of civil society in Finland
understand the benefits of NATO. But we have to be thoughtful
that it is a sovereign decision that they are going to make.
So I think our role is, really, more information and
education, and the Finnish people and the Finnish Government
are clear eyed, I think, on how they approach the Russians.
So I think our best role is more information and education
and support if they decide to make such a move.
Senator Kaine. Thank you, Mr. Hickey, for that, and I want
to thank my colleagues, especially Chairman Menendez and
Ranking Member Risch.
I have a bill that I have had--a bipartisan bill--pending
before the committee for some time that would clarify that the
United States could never withdraw from NATO simply by a
presidential action but that it would take a vote of either the
Senate or an act of Congress--the Senate ratified the NATO
treaty.
That bill has been cleared for presence on our next
business meeting on the 23rd of March. It is bipartisan. I look
forward to taking it up.
Ambassador Romanowski, I want to ask you a question
quickly. I also have a piece of legislation that is bipartisan
that is through the committee and on the floor now to repeal
the Iraq War authorizations from 1991 and 2002.
I am not going to ask you about that. Your testimony very
plainly points out the many areas where we are working in
tandem as partners with Iraq, and I believe the repeal of a war
authorization against the Government of this partner country
would be wise.
I want to ask you just one question, though, about Iraq
right now. Often, as I visited, the state of relations between
the Kurds and the Iraqi central Government is sort of up and
down and controversial, and sometimes it is more mellow.
What is your kind of current understanding of dialogue
between Erbil and the Kurdish region of Iraq and the central
Government?
Ms. Romanowski. Thank you for that question, Senator.
I share your view that there is often difference of view
between the Iraqi Kurdistan regional Government and also the
Government in Iraq.
I do think a lot of it depends on the issues. There was
recently a ruling regarding their oil sharing. I will say that
if I am confirmed one of the things and one of the priorities
will be to ensure that we can facilitate and we can also
represent the interests of both parties, should they ask us.
It is--we want to see them as good partners. We want to see
them working out their differences and we want to also be there
to promote a good relationship between those two governments.
It is critical for Iraq's stability and its prosperity.
Senator Kaine. Thank you very much. Thank you, Mr. Chair.
Senator Markey. The chair recognizes the Senator from
Maryland.
Senator Van Hollen. Thank you, Mr. Chairman.
Congratulations to all of you on your nominations.
Ambassador Romanowski, let me follow up on where Senator
Kaine left off.
Because we have seen a fair amount of political instability
created from the lack of formation of a government. How do you
assess the current situation and what is the United States
doing now to encourage the formation of a government?
Ms. Romanowski. First of all, as a result of the elections,
I think we are optimistic that the elections actually created
some welcome surprises. For example, you have 30 independent
candidates who were elected.
It is stalled right now over the interests between certain
parties, and I know that we are working hard to, again, try to
bring the parties to view the interests of a strong sovereign
Iraq to be what is at stake and what is in their interest in
forming their government as they go forward.
If I am confirmed, keeping the--working with the new
government and ensuring that they can work for their people and
bring their interest of Iraq to working together, as they have
different views, is going to be very important and a critical
component of what I will be doing on a daily basis if any
evidence of what my--of what Ambassador Tueller is doing now.
Senator Van Hollen. As you indicated in response to Senator
Kaine's question, you have the recent decision by the Iraqi
federal supreme court regarding Kurdistan's oil laws deeming
them to be unconstitutional.
Would you agree that it would be in everyone's interests to
have implementation of that ruling stayed so that we can
proceed with negotiations on that point and as we work to try
to--they work to try to form a government?
Ms. Romanowski. My understanding is that they are talking
about what exactly--the implementation of that law. But until
they have worked out those, my understanding is that things
will be going on as they have been before. But that is correct.
Senator Van Hollen. I think the KRG has indicated that they
are going to continue to proceed. Do you see the timing of that
supreme court ruling being part of the efforts to pressure the
Kurds and others with regard to the formation of a government?
Ms. Romanowski. I think the Iraqi supreme court based their
decision, from what I understand, on the technicalities of the
issue, and I think that is where they came out on that one.
Senator Van Hollen. Okay. So you do not see the timing
after all these years has being in any way curious or connected
to the ongoing effort to form a government?
Ms. Romanowski. It does bring--it does make me pause about
that. There are a lot of decisions that come about in that
region for the many years I have been working on and we can
read a lot into it and--but yeah.
Senator Van Hollen. I just--obviously, we have got to make
sure that we do what we can to support the efforts to form a
government.
What is your assessment of ISIS' strength right now in Iraq
and whether or not in this period of time where there is some
vacuum in the formation of government they are attempting to
exploit the situation?
Ms. Romanowski. At this point, we are always very concerned
about the resurgence of ISIS. The fact that we have
transitioned to an advise, assist, and enable mission that
allows us to work--continue to work with the Iraqi Security
Forces on their fight against ISIS is--it convinces me and
leads me very strongly to believe that while they are forming a
government they will remain--the Iraqi Security Services will
remain vigilant on ISIS.
Senator Van Hollen. Right. Again, I think one of the
challenges we got is some of the divisions within the country
among different groups, and not just the Shi'a militia, which,
obviously, are a malign influence, but even among other
parties. We really need to make sure that we bring people
together quickly.
Just in closing here, Ambassador McKee, congratulations on
your nomination. I know you talked a little bit about our
ongoing assistance to Ukraine to support the efforts in
Ukraine.
As you know, the President has just proposed a supplemental
that includes $5 billion for different forms of humanitarian
economic assistance.
Could you talk a little bit about how you envision that
being implemented?
Ms. McKee. Thank you, Senator.
I am not privy to the sort of contours or the intent behind
the bill. But I do know that the wise way forward would be to
build on the investments that we have made to date that we are
currently struggling to safeguard, given the kinetic activity
in the country and our concern for the safety and security of
our staff and our implementing partners.
Looking ahead, obviously, the most important thing will be
to support the Ukrainian people and their aspirations to
continue to build a democracy, to continue to move forward on
Euro-Atlantic integration, to continue to diversify their
economy, their energy resources, and lean westward, and that
would be, if confirmed, my top priority.
Our assistance resources can go far building on the
investments we have made to date in response to both the needs
on the ground as well as what we know are going to be critical
in the days ahead.
Senator Van Hollen. I hope we will move quickly to pass
that supplemental request. Thank you.
Senator Markey. I thank the Senator, and I would like to
thank each of our nominees for being here today and for
answering the questions so attentively, and I am certain that
each of them will be an asset to the United States in their new
positions and I look forward to hearing about the good and
important work that you will be doing.
Senators will have until the close of business tomorrow to
revise and extend their remarks and submit any questions for
the record.
With that, and the thanks of the committee and in the hope
that we can get all of you in your positions very quickly, this
hearing is adjourned.
[Whereupon, at 11:55 a.m., the hearing was adjourned.]
----------
Additional Material Submitted for the Record
Responses to Additional Questions for the Record Submitted
to Hon. Alina L. Romanowski by Senator Robert Menendez
Question. How can the U.S. Embassy help promote and support Iraq's
Government formation?
Answer. The Iraqi people held free and fair elections that were the
most technically credible in the country's history. I understand that
at present, the Department is communicating at the highest levels with
Iraqi leaders to put their differences aside to allow government
formation to occur. If confirmed, I will urge Iraq's leaders to
expediently form a new government that respects Iraq's sovereignty and
serves the needs of the Iraqi people.
Question. If confirmed, what steps will you take to urge Iraqi
parties in the Council of Representative, including Kurdish parties, to
find a path towards forming a government?
Answer. If confirmed, I will continue the work our Embassy in
Baghdad and our Consulate in Erbil is doing to encourage party leaders
to expediently form a government that serves the needs of their
constituents. In those engagements, I will encourage the parties to
find common ground and urge them to consider the interests of Iraq
first. I will also urge the Kurdish parties to work together during and
after government formation in order to serve the best interests of the
residents of the Iraqi Kurdistan Region and for the sake of Iraq's
stability.
Question. If confirmed, what steps will you take to ensure that
Embassy Baghdad has the staffing and outreach needed to effectively
engage with Iraqi Government officials, as well as Iraqi civil and
cultural society?
Answer. The safety and security of our personnel is the top
priority and engaging with our Iraqi counterparts is essential to doing
our jobs effectively. COVID-19 and the security situation have impacted
staffing levels and our ability to engage. Staffing levels are
constantly reviewed to ensure the appropriate levels given the security
situation. If confirmed, I will regularly review staffing levels and
the security situation to ensure that we have sufficient staff to meet
our national security interests.
Question. What would you need to see on the ground as far as
security to increase staffing levels at Embassy Baghdad and to consider
reopening our Consulate in Basra?
Answer. The safety and security of our personnel is the top
priority. If confirmed, I will regularly review staffing levels with
the country team to ensure that we have sufficient staffing to meet our
national security interests. In that connection, I would need to meet
with the country team to determine whether the security situation in
southern Iraq has sufficiently improved to resume operations at
Consulate General Basrah.
Question. As you know, the Embassy is still recovering from a
devastating attack in 2019. Between a complete shutdown of consular
capacity and ongoing security concerns, the Embassy is limited in its
ability to reach Iraqi citizens. How do you plan to prioritize
restoring consular capacity and other public diplomacy initiatives at
Embassy Baghdad?
Answer. Our Embassy in Baghdad has already made great progress in
restoring our public diplomacy initiatives as COVID-19 restrictions
have begun to ease. Opportunities exist for greater engagement, and if
confirmed I look forward to looking at ways we can continue to do that.
I will prioritize the reconstruction of the infrastructure destroyed in
the 2019 attack, and work to revive the appropriate protocols for the
safety of our consular applicants and employees. I will also support
expediting a safe construction plan that will enable the Consular
Section to once again process visas for U.S. Government exchange
visitors and students.
Question. I am very concerned about directed energy attacks on U.S.
Government personnel (so-called Anomalous Health Incidents). Ensuring
the safety and security of our personnel abroad falls largely on
individual Chiefs of Mission and the response of officers at post. It
is imperative that any individual who reports a suspected incident be
responded to promptly, equitably, and compassionately. Do you agree
these incidents must be taken seriously, and pose a threat to the
health of U.S. personnel?
Answer. Yes, currently as Ambassador to Kuwait I take these
incidents seriously. If confirmed, I will continue to take these
incidents seriously, investigate them thoroughly, and will ensure that
our staff promptly get the medical assistance they need.
Question. If confirmed, do you commit to ensuring that any reported
incident is treated seriously and reported quickly through the
appropriate channels, and that any affected individuals receive prompt
access to medical care?
Answer. Yes. If confirmed, I commit to ensuring that our staff
promptly get the medical assistance they need, and I commit to
reporting these incidents through the proper channels.
Question. Do you commit to meeting with medical staff and the RSO
at post to discuss any past reported incidents and ensure that all
protocols are being followed?
Answer. Yes. If confirmed, I will meet with medical staff and the
RSO to discuss any past reported incidents and ensure that all
protocols are being followed.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Alina L. Romanowski by Senator James E. Risch
Question. How do you plan to continue to further U.S. interests in
Iraq?
Answer. If confirmed, I will urge Iraq's leaders to expediently
form a new government that bolsters Iraq's sovereignty and serves the
needs of the Iraqi people, which is essential to the stability of Iraq
and the whole region. I will work with the Iraqi Government and people
to strengthen our strategic partnership and advance key issues of
mutual concern. If confirmed, I will also want to ensure the continued
development of a democratic, inclusive, and rights-respecting
governance system that serves its people and is accountable to all
Iraqis. This is also essential for Iraq's economic development and
capacity to counter internal and external threats.
Question. What are your priority lines of effort linked to U.S.
national security interests?
Answer. Iraq remains a foreign policy priority for the United
States and a cornerstone of our national security interests. If
confirmed, I would focus on bolstering Iraq as a sovereign, stable,
secure partner, free from destabilizing influences. I would continue
U.S. Embassy Baghdad's and Consulate General Erbil's efforts to ensure
that Iraq can address internal and external threats, secure its
borders, and limit external destabilizing influence, while respecting
the human rights and fundamental freedoms of all Iraqis, to include
members of vulnerable, marginalized, and disenfranchised populations,
such as IDPs. If confirmed, I would work with the Department of Defense
on programs to advise, assist, and enable Iraqi security forces to
prevent ISIS or other actors from threatening the United States, Iraq,
and the region. If confirmed, I would underscore the importance of Iraq
charting an independent foreign policy and continuing cooperation with
its responsible neighbors to enhance its sovereignty, security,
critical infrastructure, and economic development, while prioritizing
the safety and security of all U.S. personnel and property. If
confirmed, I will also support efforts to help Iraq reduce its
dependence on Iranian electricity and gas imports and expand its
economic cooperation with its Gulf neighbors.
Question. What role will countering Iranian influence play in this
strategy?
Answer. Countering Iran's influence in the region is critical to
U.S. national security interests. If confirmed, I would work to counter
Iranian destabilizing influence in Iraq by promoting democratic
processes and institutions. I would continue Embassy Baghdad and
Consulate General Erbil's efforts to bolster Iraq's sovereignty and
security through supporting the Government of Iraq's ability to create
the operational and institutional capacity to counter existential
threats and effectively secure its borders.
Question. If confirmed, how will you seek to address Iranian
support for militias in Iraq?
Answer. Iran remains an enduring threat to Iraq as well as the
region due to its increasingly sophisticated military capabilities,
broad network of proxies and partners, and willingness to use force
against the United States, our allies, and partners. Iran-aligned
militia groups destabilize Iraqi politics, as we have seen most
recently with their attacks and threats against Iraqi officials and
politicians during the Government formation process. If confirmed, I
would work with the Government of Iraq to disentangle itself from Iran
in areas such as energy, security, entrepreneurship, agriculture, human
rights, and anti-corruption to strengthen Iraq's sovereignty, and echo
the Iraqi people's calls for a government that represents them and
their interests.
Question. Are there specific steps the U.S. can take to curb their
influence in the country and limit their ability to act with impunity?
If so, what are they?
Answer. Encouraging party leaders to expediently form a government
that serves the needs of their constituents is the best path to curb
Iran-aligned militias from influencing the Government of Iraq. In those
engagements, if confirmed, I would encourage the parties to find common
ground and urge them to always consider the interests of Iraq first.
Following government formation, working with the GOI to advance
governance institutions, to include improving accountability and
transparency, will be instrumental in minimizing Iran-aligned militias
influence.
I would also continue Embassy Baghdad and Consulate General Erbil's
coordination with others in the State Department and other agencies to
identify and share with social media companies information regarding
Iranian and other sources of disinformation, exhortations to violence,
and hate speech that may violate their terms of service agreements.
Question. What role can, and should, the U.S. play in advancing
Iraqi-led efforts to form a unified and inclusive government that can
address the genuine needs of its people?
Answer. I understand that at present, the Department is
communicating at the highest levels with Iraqi leaders to put their
differences aside to allow government formation to occur. If confirmed,
I would continue our encouragement of party leaders to expediently form
a new government that respects Iraq's sovereignty and serves the needs
of the Iraqi people. In those engagements, I would encourage the
parties to find common ground and urge them to consider the interests
of Iraq first. I would also urge the Kurdish parties to work together
during and after government formation in order to serve the best
interests of the residents of the Iraqi Kurdistan Region, and for the
sake of Iraq's stability.
Question. What role will institutional reform and anti-corruption
efforts play in this strategy?
Answer. First, it is vital that Iraq form a government that will
work toward meaningful reform in the service of the Iraqi people. Once
a new government forms, if confirmed, I will continue Embassy Baghdad's
efforts to encourage and support reforms to counter corruption, improve
the investment climate, and improve the rule of law. The U.S. and Iraqi
Governments concurred on the need for such reforms during the strategic
dialogue meetings over the past two years. Such reforms would benefit
Iraq's stability and prosperity, the well-being of the Iraqi people,
and the U.S.-Iraq strategic partnership.
Question. To what extent do you feel this political impasse creates
a political security vacuum that makes Iraq vulnerable to outside
interference?
Answer. This political impasse has created opportunities for
outside influence, particularly from Iran. This is one reason why, if
confirmed, I would continue Embassy Baghdad's and Consulate General
Erbil's encouragement of party leaders to put Iraq's interests first
and form a government as quickly as possible.
Question. How might the U.S. advance the economic reforms Iraq so
desperately needs? Where does transparency and anti-corruption factor
in your list of priorities?
Answer. If confirmed, I would seek to continue to use bilateral
fora, such as Strategic Dialogues and trade and investment discussions,
tying specific assistance to needed economic reforms. The Embassy in
Baghdad is currently engaged in advocacy supporting roughly $4.9
billion in U.S. business, primarily in the energy sector. Soliciting
input from business organizations like the U.S.-Iraq Business Council
would expand this base and highlight roadblocks encountered by U.S.
businesses. Finally, the more than 800,000 young Iraqis who enter the
workforce annually represent an opportunity for the United States to
use its soft power to expand Iraq's entrepreneurship base, create jobs,
and diversify Iraq's economy.
Transparency and anti-corruption factor high on the
Administration's list of priorities. Foreign direct investment directly
correlates to perceived security and lack of corruption. Improving the
business climate and efficiency of the government bureaucracy would
encourage U.S. companies to expand investment, and if confirmed, I
would work toward this goal.
Question. If confirmed, how do you plan to go about addressing the
growing influence of Russia and China in Iraq? What threat do you
believe they pose to U.S. national security interests there?
Answer. Insulating Iraq from the malign influence of Russia and
People's Republic of China (PRC) is key to our national security
interests in the region. As Ambassador to Kuwait, I am concerned about
the efforts by the PRC and Russia to strengthen their influence in the
region at the expense of the United States strategic partnerships in
the Gulf. If confirmed, one of my primary concerns would be that Russia
could seek to expand or strengthen its military ties with Iraq. If
confirmed, I would work to ensure Iraq is aware of the consequences of
pursuing military ties with Russia. I would also press Iraqi leaders to
stand with the vast majority of the international community, including
most Arab countries, in condemning Russia's invasion of Ukraine. If
confirmed, I would advance our conversation with Iraq on further steps
we can take to ensure a stable global supply of energy, no matter what
Putin does.
The PRC's main focus in Iraq is the energy sector, but it is also a
significant player in Iraq's information and communication technology
market as well. As oil revenues rise and Iraq moves forward with more
commercial projects, U.S.-PRC economic competition is likely to
increase. It is vital we continue to emphasize to the Government of
Iraq the value of our continued partnership and the risks associated
with the PRC's information collecting capacity and other problematic
PRC activities.
If confirmed, I would also continue Embassy Baghdad and Consulate
General Erbil's coordination with the State Department and other
agencies to identify and share with social media companies Russian and
PRC sources of disinformation, exhortations to violence, and hate
speech that may violate their terms of service agreements.
Question. In your opinion, what steps can the U.S. take to improve
our diplomats' ability to get outside the Embassy compound? How do you
intend to improve the ability of U.S. diplomats to better access all
local populations?
Answer. The safety and security of our personnel is my highest
priority; however engaging with our Iraqi counterparts is essential to
doing our jobs effectively. If confirmed, I would regularly review
staffing levels and the security situation to ensure that we have
sufficient staff to meet our national security interests.
Our Embassy in Baghdad has already made great progress in restoring
our public diplomacy initiatives. Opportunities exist for greater
engagement with Iraqis, and if confirmed I would assess our staffing
levels to determine if they should be adjusted to expand our
engagement. I would prioritize the reconstruction of the infrastructure
destroyed in the 2019 attack. I would also support enabling the
Consular Section to once again process visas for U.S. Government
exchange visitors and students.
Question. What is your understanding of morale throughout Mission
Baghdad?
Answer. I understand that Mission Iraq conducted a survey last fall
to gauge post morale and well-being, as well as to solicit general
views on post operations. The survey included questions on leadership,
job satisfaction, and Embassy operations, as well as measures of
diversity and inclusion, and the results helped identify ways that
quality of life can be improved.
COVID restrictions and disruptions have undoubtedly impacted
Mission Iraq over the past two years. However, with 99 percent of
Mission employees vaccinated, the Mission has been able to relax
masking and social distancing requirements, allowing the return for the
most part to pre-COVID operations. If confirmed, I look forward to
engaging with the Embassy staff and using the results of the recent
survey as a guide for improving morale.
Question. How do you intend to improve morale at Mission Baghdad?
Answer. Mission Iraq is a challenging but rewarding place to work.
If confirmed, I would ensure that employees have clear goals and
understand their role in advancing our national interests. I would
foster an equitable environment in which input is solicited and
considered and in which decisions are made in a transparent manner. Now
that the COVID situation has improved, I would also promote
opportunities outside of the office setting to rebuild and strengthen
the Mission's sense of community and our mission in Iraq and the
region.
Question. How do you intend to create a unified mission and vision
at Mission Baghdad?
Answer. Mission Iraq consists of a diverse community of direct-hire
employees, contractors, and local staff across multiple U.S. agencies
spread between multiple locations. In such a large community, it can be
challenging to maintain a sense of cohesion, yet all work together to
support vital U.S. national security priorities in Iraq. If confirmed,
I would make every effort to clearly communicate our mission and be
accessible at all of our locations, including through town hall
meetings, written communications, and staff meetings. My experience at
four different national security agencies gives me a unique perspective
that will help me to create and maintain a unified vision among a
diverse community.
Question. How would you describe your management style?
Answer. In all of my prior positions, I have been fortunate to work
with a smart, dedicated team of professionals. My management style is
to support a diverse, inclusive, and collaborative decision making
process in which all people feel included and empowered. I take great
pride in mentoring both Civil and Foreign Service as well as military
colleagues and look for ways to help them succeed and further their
careers. If confirmed, I would seek to provide a clear, strategic
vision to advance the President's agenda and look to my Embassy
colleagues to provide innovative ideas and will value their input.
Question. Do you believe it is ever acceptable or constructive to
berate subordinates, either in public or private?
Answer. No, bullying or berating colleagues is never acceptable.
Question. How do you envision your leadership relationship with
your Deputy Chief of Mission?
Answer. The Deputy Chief of Mission position is an essential part
of an Embassy team. If confirmed, I plan to have a close, collaborative
relationship with my DCM and would rely on his or her frank and honest
counsel on all Mission matters. A positive working relationship between
the Chief of Mission and the Deputy Chief of Mission is essential to
good morale at an Embassy.
Question. If confirmed, what leadership responsibilities do you
intend to entrust to your Deputy Chief of Mission?
Answer. As the Chief of Mission, I would expect that my Deputy
Chief of Mission would take a lead role on the implementation of all
security, management, and operational matters, including the
professional development of first and second tour officers. However,
since I cannot be in the country at all times, if confirmed I would
also expect my DCM to have developed strong relationships with Iraqi
policymakers and be able to step into my shoes when needed. The DCM
must also be able to deliver honest and frank assessments to me at all
times and not be reticent to provide bad news.
Question. Do you believe that it is important to provide employees
with accurate, constructive feedback on their performances in order to
encourage improvement and reward those who most succeeded in their
roles?
Answer. Yes. I believe that it is my responsibility as a manager
and leader to provide accurate, constructive, and timely feedback to
employees. I would also expect my team to provide honest feedback to
me. If confirmed, I will use all available management tools, including
awards and letters of appreciation, to reward and recognize those who
are most successful in their roles.
Question. If confirmed, would you support and encourage clear,
accurate, and direct feedback to employees in order to improve
performance and reward high achievers?
Answer. Yes. If confirmed, I would expect all of the supervisors at
Mission Iraq to adhere to Department leadership principles to provide
clear, accurate, and direct feedback to employees. If confirmed, I
would also use all available management tools, including awards and
letters of appreciation, to recognize and reward high achievers.
Question. What public diplomacy challenges does U.S. face in Iraq?
How do you plan on addressing these?
Answer. Public diplomacy challenges in Iraq include 1) countering
pernicious Iranian and violent extremist influence that undermine Iraqi
sovereignty, 2) promoting economic prosperity, 3) supporting free and
fair elections, 4) increasing transparency and good governance, 5)
providing humanitarian and stabilization assistance, and 6) encouraging
respect for religious, ethnic, and minority communities. If confirmed,
I would continue current efforts to highlight shared priorities: U.S.
support for Iraqis as they stand against corruption and demand
accountability from their elected officials; specific examples of U.S.
Government assistance, including to religious and ethnic minorities;
U.S. pandemic assistance; U.S. support for economic reforms; and
sustained and aggressive counter messaging against malign Iranian
messaging and activity. If confirmed, I would continue our Embassy's
close work with U.S. military elements in support of national security
priorities, including the enduring defeat of ISIS. I would also make it
a priority to continue the Embassy and Consulate General's cultural
engagements, educational exchange programs, and public outreach
programs with Iraqis.
Question. What steps can the U.S. take to address the proliferation
of propaganda promoted by adversaries and strategic competitors in the
Middle East?
Answer. Our cultural, educational, and media engagements with
Iraqis are a cornerstone of communicating America's desire to build
durable connections and promote mutual understanding between the
citizens of both nations. These engagements have and can continue to
play a powerful role in countering disinformation about the United
States, its policies, and its people.
If confirmed, I would seek to expand these engagements and continue
Embassy Baghdad and Consulate General Erbil's coordination with other
offices in the State Department and other agencies to work with social
media companies to identify and share with social media companies
Russian and PRC sources of disinformation, exhortations to violence and
hate speech that may violates their terms of service agreements.
Question. How do you balance the importance of Main State versus
the in-country mission when it comes to tailoring public diplomacy
messages for foreign audiences?
Answer. In keeping with the spirit of the Smith-Mundt Act, the
public diplomacy activities at our Embassy in Baghdad are focused on
influencing the opinions and attitudes of Iraqi audiences. Though the
State Department provides policy guidance and resources that shape and
support the Embassy's efforts, the ultimate decision regarding tone and
content of our messaging resides with our experts in the field.
Question. ``Anomalous health incidents,'' commonly referred to as
``Havana Syndrome,'' have been debilitating and sidelining U.S.
diplomats around the world for years. They have caused serious,
negative consequences for U.S. diplomacy, yet many believe that the
Department is not doing enough to care for, protect, and communicate to
its personnel. The past occurrences and ongoing threat of anomalous
health incidents among Embassy personnel and their families poses a
serious challenge to morale. When personnel at post fear for their
safety or doubt that their case will be taken seriously if they were
affected, the performance of Embassy operations can suffer. If
confirmed, do you commit to taking this threat seriously?
Answer. The Department has no higher priority than the health and
safety of our employees. If confirmed, I would take these incidents
seriously, investigate them thoroughly, and ensure that our staff
promptly get the medical assistance they need.
Question. If confirmed, do you commit to talking as openly as you
can to Mission Iraq personnel?
Answer. Yes. If confirmed, I would provide as much information as I
can to Mission Iraq personnel regarding health incidents and other
security matters. I would promote effective and comprehensive
communication throughout Mission Iraq, actively solicit community
feedback, and work to address employee concerns.
Question. Have you received a briefing on the anomalous health
incidents that have occurred to U.S. Government personnel around the
world, including at U.S. embassies and other diplomatic posts? If you
have not, and if you are confirmed, do you commit to receiving a
briefing on the incidents before you depart for your post?
Answer. Yes, I have received these briefings in my current position
as U.S. Ambassador to Kuwait.
Question. In the event of an anomalous health incident among your
Embassy personnel or eligible family members, do you commit to maintain
detailed records of the incident, and share the information with the
State Department and other embassies to contribute to the investigation
of how these attacks are affecting U.S. missions and personnel around
the world?
Answer. Yes, if confirmed, I commit to ensuring that our staff
promptly get the medical assistance they need and that any anomalous
health incidents are recorded in detail and reported through the proper
channels.
Question. Whether or not anomalous health incidents occur at your
Embassy, how will you work to restore and preserve morale that may be
lost due to the knowledge these attacks have been occurring at posts
around the world?
Answer. If confirmed, I would ensure our employees know there is
nothing the Department and I take more seriously than their well-being.
I will treat every reported case seriously and communicate the
Department's work in caring for and supporting those affected and in
determining the causes of the incidents. Our employees around the world
are committed to serving the American people and promoting our national
interests with integrity and professionalism, and they deserve nothing
less than the best we can offer.
Question. In the State Department's 2021 Trafficking in Persons
Report, Iraq remained on Tier 2 for scaling their anti-trafficking
efforts in key areas but failing to accurately screen victims, provide
proper protection and prosecution efforts. Iraq also did not prosecute
or convict any traffickers during the reporting period. How will you
work with relevant stakeholders in the Iraqi Government and civil
society to address these issues if you are confirmed as Ambassador?
Answer. The Government of Iraq and the Kurdistan Regional
Government have increased their efforts to improve anti-trafficking
capacity over the last few years, but there is still much to be done.
If confirmed, I would engage and encourage the relevant stakeholders in
the Iraqi Government and KRG in these efforts, including identifying
and screening vulnerable populations for trafficking indicators and
supporting the creation of a systematic identification and referral
mechanism. Civil society engagement on trafficking is key in Iraq, and
I would coordinate closely with relevant organizations in-country to
strengthen ongoing initiatives. In addition to protection concerns, if
confirmed, I would urge the Government to make progress in line with
the other recommendations outlined in the 2021 TIP Report.
Question. If confirmed, do you commit to accurately portraying any
situational updates regarding human trafficking in Iraq in the annual
Trafficking in Persons report?
Answer. Yes.
Question. In the State Department's 2020 International Religious
Freedom report, Iraq was identified as lacking governmental and
societal respect for religious freedom. What is your assessment of this
particular issue and if confirmed, how will you work with the
Ambassador-at-Large to bolster religious freedom in-country?
Answer. Protection for members of vulnerable ethnic and religious
communities is a priority for the Department. The administration
supports a stable, prosperous, and democratic Iraq that serves all its
citizens, including members of its most vulnerable and marginalized
communities. If confirmed, I would continue to prioritize U.S.
assistance programs that encourage durable solutions for members of
Iraq's most vulnerable populations, and focus on promoting a
democratic, inclusive, and rights-respecting governance system. I look
forward to coordinating with the Ambassador-at-Large for International
Religious Freedom Rashad Hussain on this strategy and meeting with
these communities and addressing their concerns.
Question. In the State Department's 2020 Human Rights Report, Iraq
was identified as having significant human rights issues including
unlawful or arbitrary killings, including extrajudicial killings;
forced disappearances; torture and cases of cruel, inhuman, and
degrading treatment or punishment; harsh and life-threatening prison
and detention center conditions; arbitrary arrest and detention;
arbitrary or unlawful interference with privacy; serious restrictions
on free expression, the press, and the internet, including violence
against journalists, and much more.
If confirmed, how will you direct your Embassy to work with civil
society organizations to improve the human rights situation on
the ground?
Answer. Inclusion of civil society voices and perspectives is
central to open and accountable governance. If confirmed, ensuring that
Embassy staff work closely with civil society to further strengthen
civil society and democratic institutions would be a priority for me,
just as I have done as Ambassador to Kuwait. Furthermore, I would urge
the Government of Iraq and the Kurdistan Regional Government to ensure
the protection of fundamental freedoms, including freedom of
expression, and to more strongly protect civil society from harassment.
Question. What options are available to the U.S. mission to bolster
human rights?
Answer. I understand that U.S. officials in Washington, Baghdad,
and Erbil continue to raise our human rights concerns with all levels
of the Iraqi Government, which I would continue, if confirmed. That
would include urging the protection of peaceful protesters, activists,
women in public life, and journalists, and pursuing judicial
accountability for violent crimes against those individuals. If
confirmed, I would also consider all options available, such as the
Global Magnitsky Act and other designation authorities, to promote
accountability for those who personally profited through corrupt acts
or play a role in attacking peaceful protesters, resulting in the
deaths of Iraqis.
Promoting accountability to voters and transparency in elections is
also important. In support of the recent Iraqi elections, the United
States provided $9.7 million to UNAMI for technical electoral-
assistance work, and another $5.2 million to support UNAMI's election
monitoring team. If confirmed, I would continue efforts to encourage
Iraqi leaders to form a government without further delay.
Continued humanitarian assistance, such as the additional $155
million announced by the U.S. Government in July 2021, provides
shelter, healthcare, food, water, and hygiene services across Iraq and
helps displaced Iraqis obtain civil documentation, legal services, and
increased access to education and job opportunities. Our programming
addresses critical human rights needs through a variety of
interventions, including securing, exhuming, and processing mass
graves, and providing psychosocial and legal aid services to support
the rehabilitation of survivors of sexual and gender-based violence,
and other groups in vulnerable circumstances.
If confirmed, I would consider all of these options to continue
support for our human rights goals and other national security
interests.
Question. The Office of Multilateral Strategy and Personnel (MSP)
in the State Department's bureau of International Organizations is
leading a whole-of-government effort to identify, recruit, and install
qualified, independent personnel at the U.N., including in elections
for specialized bodies like the International Telecommunication Union
(ITU). There is an American candidate, Doreen Bogdan-Martin, who if
elected would be the first American and first woman to lead the ITU.
She is in a tough race that will require early, consistent engagement
across capitals and within the U.N. member states. If confirmed, do you
commit to demarching the Iraqi Government and any other counterparts
necessary to communicate U.S. support of Doreen?
Answer. Ms. Doreen Bogdan-Martin is by far the best qualified
candidate for Secretary-General of the International Telecommunication
Union (ITU). The Department places a high priority on this election and
we regularly advocate on behalf of Ms. Bogdan-Martin. If confirmed, I
would enthusiastically support her candidacy and encourage Iraq to vote
for her as the next ITU Secretary-General.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Alina L. Romanowski by Senator Todd Young
Question. Do you agree with the Biden administration's support for
repealing the 2002 and 1991 AUMF?
Answer. Yes. As the Administration has stated, there are no current
military operations that rely on the 1991 AUMF and the United States
has no ongoing military activities that rely solely on the 2002 AUMF as
a domestic legal basis, and that repeal of the 2002 AUMF would likely
have minimal impact on current counterterrorism operations.
Question. Practically speaking, what do you believe would be the
effect of repeal on both our diplomatic relationship and our regional
policies?
Answer. There are no current military operations that rely on the
1991 AUMF and the United States has no ongoing military activities that
rely solely on the 2002 AUMF as a domestic legal basis, and repeal of
the 2002 AUMF would likely have minimal impact on current
counterterrorism operations. A repeal would show the U.S. commitment to
continuing a strong relationship with our Iraqi and regional partners.
Question. What is your assessment of Iran's current influence in
Iraq?
Answer. Iran remains the primary and enduring threat to Iraq as
well as the region due to its increasingly sophisticated military
capabilities, broad proxy network, and willingness to use force against
the United States, our allies, and partner forces. Iran-backed militia
groups destabilize Iraqi politics, as we have seen most recently with
their attacks and threats against Iraqi officials and politicians
during the Government formation process. Iran benefits from the
patronage based political system and seeks to undermine efforts for
meaningful reform. As protests since October 2019 and the election
results show, the Iraqi people are increasingly concerned by Iran's
destabilizing influence and want a government responsive to their
needs.
Question. Given that the current divide in forming a government is
driven by disagreements between the major Shia parties, will an outcome
there serve as a bellwether for how the political class and voters
perceive Iran?
Answer. Iran-backed groups performed poorly in the October 10
elections and lost a significant number of seats. However, delays in
government formation could create a potential opening for Iran to
increase its influence in the internal affairs of Iraq. The United
States continues to urge political leaders to compromise on a way
forward and expedite government formation. The United States seeks a
government that bolsters Iraq's sovereignty, addresses the needs of all
Iraqi people including security, and prioritizes economic and political
reforms.
Question. From a Chief of Mission perspective, how will you
approach ensuring the security of your diplomats from Iranian
aggression while ensuring they are still out and doing the business of
diplomacy?
Answer. If confirmed, my highest priority will be the safety and
security of all U.S. Government personnel in Iraq. If confirmed, I will
ensure the mission continuously assesses the security, threats, and
health environment in Iraq to maintain the safety of all personnel
under Chief of Mission security responsibility. As the mission recovers
from COVID, increasing face-to-face diplomacy with in-person meetings
is an essential part of the strategy to maintain and strengthen our
bilateral relationship with the Government of Iraq and the Iraqi people
while keeping our people safe. Balancing security and engagement will
be my highest priority.
Question. Given the ongoing threat from ISIS and Iranian forces,
and in light of last month's strike against the ISIS leader, how do you
assess the role U.S. military forces will continue to play in Iraq and
in the wider region?
Answer. U.S. forces remain in Iraq to advise, assist, and enable
the Iraqi Security Forces, including the Kurdish Peshmerga, in the
continuing fight against ISIS and the development of a capable, self-
reliant, and accountable security force, supported by the Government of
Iraq. I believe U.S. military forces will remain an important
counterterrorism and security partner to Iraq and the region, I must
defer to the Department of Defense for further specifics.
Question. Will Iraq remain a base for U.S. counterterrorism and
intelligence missions?
Answer. U.S. military forces in Iraq have transitioned to an
advise, assist, and enable mission to support the Iraqi Security
Forces, which includes intelligence, surveillance, and reconnaissance
support. The Department of State continues to provide counterterrorism
assistance to Iraq to prevent violent actors, including ISIS, from
destabilizing and terrorizing its population and the region, to respond
to and interdict terrorism threats, and to assist the Government of
Iraq and the Kurdistan Regional Government to better detect and prevent
the flow of known or suspected terrorists and facilitators, illicit
materials, and weapons. The Department can provide additional
information in a classified setting.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Alina L. Romanowski by Senator Ted Cruz
Question. The Biden administration's new nuclear agreement with
Iran will provide Iran with sanctions relief worth hundreds of billions
of dollars, including through the immediate release of assets and the
lifting of sanctions on economic activities. Do you believe that Iran
will use resources that flow from a new agreement to finance Iran-
supported forces in Iraq?
Answer. Iran has demonstrated it is a threat to regional security
and stability, particularly within Iraq. However, the maximum pressure
campaign had virtually no impact on Iran's nefarious behavior, and Iran
rapidly expanded its nuclear program after the previous administration
left the JCPOA. A mutual return to full implementation of the JCPOA is
the best available option to constrain anew Iran's nuclear program,
because an Iran with a nuclear weapon would present a far greater
threat. The JCPOA would also provide a platform to address Iran's other
actions, including their support of destabilizing forces in Iraq. The
United States will continue to use its full range of tools, including
sanctions that would persist even during any mutual return to full
implementation of the JCPOA, to counter Iran's destabilizing activities
in Iraq and its support for terrorism, without regard to how Iran
resources those illegitimate efforts.
Question. The Biden administration's new nuclear agreement with
Iran will provide Iran with sanctions relief worth hundreds of billions
of dollars, including through the immediate release of assets and the
lifting of sanctions on economic activities. Do you believe that Iran
will use resources that flow from a new agreement to finance terrorist
groups, either in Iraq or in other countries?
Answer. President Biden has been clear that the United States is
committed to ensuring Iran never acquires a nuclear weapon. Iran's
actions pose fundamental problems across a series of issues--including
its support for terrorism, its ballistic missile program, its
destabilizing actions throughout the region, including in Iraq, and its
abhorrent practice of using wrongfully detained U.S. citizens and
foreign nationals as political tools. Because an Iran with a nuclear
weapon would make all these threats far worse, the President's strategy
is to pursue a mutual return to full implementation of the JCPOA to
restrict Iran's nuclear program and provide a stronger platform to
address its destabilizing conduct across the region, including in Iraq.
The Biden-Harris administration is committed to use the full range of
tools at its disposal to counter Iran's destabilizing activities, limit
Iran's ability to finance all groups that work to destabilize the
region or the world, and intercept weapons flows to these groups.
However, Iran's past behavior has proven that their decisions to fund
proxy groups throughout the region, including in Iraq, will likely not
change.
__________
Responses to Additional Questions for the Record Submitted
to Douglas T. Hickey by Senator Robert Menendez
Finland's Sovereignty
Question. Like all countries, Finland's right to choose its own
alliances and associations is a sovereign one. As discussions about
potential Finnish NATO membership increase as a result of Russia's
illegal invasion of Ukraine, the Russian Foreign Ministry has said that
Finland's accession to NATO would have ``serious military and political
repercussions.''
What role do you see for the United States in helping to protect
Finnish sovereignty to make its own decisions?
Answer. Finland's leadership has consistently reaffirmed that it is
Finland's sovereign decision whether or not to join NATO, rejecting any
attempt by Russia to restrict NATO's Open-Door policy. If confirmed as
U.S. Ambassador to Finland, I commit to consistently reaffirm the
message to our Finnish partners that NATO's door is open, if they
choose to pursue NATO membership.
Nordic Security
Question. Russia's invasion of Ukraine came after months of
increased military activity in its Murmansk region and Kaliningrad
enclave.
How do you assess existing U.S.-Finnish security cooperation, and
where do you see opportunities to deepen cooperation to promote
security in the Nordic and Baltic states?
Answer. The United States and Finland cooperate on regional and
global security, free trade, emerging technology, countering hybrid
threats, and counterterrorism. Finland shares our goal of strengthening
the transatlantic relationship to address the full range of threats and
challenges. Finland's 800-mile-long border with Russia--the longest in
the EU--means it is a key partner in ensuring Europe's security.
Finland's purchase of F-35As will ensure the transatlantic security
partnership continues to deepen. Common logistics and interoperability
will create future opportunities for further security cooperation for
decades to come. If confirmed, I will work to continue to deepen
cooperation to promote security in the Nordic and Baltic states.
Malign Chinese Influence
Question. Finland's 2020 telecoms law allows for the country to ban
equipment within the 5G network's key assets due to national security
concerns, but does not name any particular company. Some interpreted
this as a refusal to point a finger at Chinese companies.
How do you assess Finland's relationship with China? Is Finland a
potential partner in strategic competition with China?
Answer. While Finnish officials are willing to publicly criticize
the PRC's human rights record, they also stress the importance of
maintaining effective dialogue. Although Finland does not ban specific
vendors from its 5G network, changes to its telecommunications law in
December 2020 make it difficult for untrusted vendors to operate in the
network. If confirmed, I look forward to working with Finnish
officials, the business community, and civil society on this important
issue, as well as working to increase U.S. trade with Finland as a
counterbalance to the PRC's growing influence in Europe.
Climate
Question. Temperatures in the Arctic are rising three times faster
than the global average. Climate change in the Arctic both harms local
ecosystems and impacts the global climate system.
How will you work with Finland within the framework of the Arctic
Council to address climate change?
Answer. Finland, like the United States, is an Arctic nation, and
our main forum for cooperation on Arctic issues is the Arctic Council.
Both the United States and Finland work together within the Arctic
Council to enhance sustainable development, environmental protection,
and the well-being and security of the people living in the region.
Finland has set among the most ambitious goals in Europe of achieving
carbon neutrality by 2035. It plans to phase out coal by May 2029 and
increase the share of renewables in energy consumption to more than 50
percent during the 2020s to help achieve this goal. If confirmed, I
will work with U.S. and Finnish Government officials and scientific
experts to support Finland's ambitious climate goals.
Anomalous Health Incidents
Question. I am very concerned about directed energy attacks on U.S.
Government personnel (so-called Anomalous Health Incidents). Ensuring
the safety and security of our personnel abroad falls largely on
individual Chiefs of Mission and the response of officers at post. It
is imperative that any individual who reports a suspected incident be
responded to promptly, equitably, and compassionately.
Do you agree these incidents must be taken seriously, and pose a
threat to the health of U.S. personnel?
Answer. Yes. If confirmed, I will take nothing more seriously than
the health and security of the people working with me. The interagency
community continues its examination of a range of hypotheses. Secretary
Blinken prioritizes the Department's response to anomalous health
incidents, setting clear goals for the Health Incident Response Task
Force to strengthen the Department's communication with its workforce
and providing care for affected employees and family members.
Question. If confirmed, do you commit to ensuring that any reported
incident is treated seriously and reported quickly through the
appropriate channels, and that any affected individuals receive prompt
access to medical care?
Answer. Yes. I will do everything possible to ensure that employees
who report a possible anomalous health incident receive immediate and
appropriate attention and care and the incident is reported through
appropriate channels.
Question. Do you commit to meeting with medical staff and the RSO
at post to discuss any past reported incidents and ensure that all
protocols are being followed?
Answer. Yes. If confirmed, I will take nothing more seriously than
the health and security of the people who will work with me. I commit
to working with health and security officials and other parties as
recommended.
__________
Responses to Additional Questions for the Record
Submitted to Douglas T. Hickey by Senator James E. Risch
State Department Manangement and Public Diplomacy
Question. Many U.S. Missions have been under enormous stress over
the last few years, in large part due to COVID.
What is your understanding of morale throughout Mission Helsinki?
Answer. Mission Helsinki has faced challenges posed by COVID-19,
and I am thankful for the staff's continued service. If confirmed, the
health and safety of the personnel and family members of Mission
Helsinki will be my first priority, and I look forward to working with
the talented team of locally employed staff, U.S. Direct Hires, and
their families, and ensuring that everyone on my team understands they
are valued and has my support.
Question. How do you intend to improve morale at Mission Helsinki?
Answer. If confirmed, I will ensure everyone on my team is treated
professionally, their rights are respected, they are safe and secure,
and they have the resources necessary to perform their jobs. We are all
one team working for the good of the U.S.-Finnish relationship and the
interests of the United States and the American people.
Question. How do you intend to create a unified Mission and vision
at Mission Helsinki?
Answer. If confirmed, I look forward to ensuring open and
continuous communication throughout the Mission. We are all one team
working together to advance the U.S.-Finnish relationship and the
interests of the American people, so I will ensure this collaborative
service focus is central to our work. Furthermore, U.S. Embassy
Helsinki is committed to a diverse and inclusive workforce. Diversity
makes our Mission strong by bringing different perspectives and
enhancing creativity and if confirmed, I look forward to working with
the team to maximize innovation and effectiveness.
Question. Management is a key responsibility for chiefs of Mission.
How would you describe your management style?
Answer. I believe in the importance of serving the community, and I
have demonstrated an ability to work with colleagues of all backgrounds
in a constructive manner. I regularly engage with members of my team
and always seek to create a space for open dialogue and diversity of
thought. If confirmed, I will work hard to foster an environment of
respect as Mission Finland carries out important work on behalf of the
American people. I also believe in setting high standards and leading
by example. Our employees are our most important asset. I am dedicated
to professional development and helping employees grow and advance.
Question. Do you believe it is ever acceptable or constructive to
berate subordinates, either in public or private?
Answer. No, it is never acceptable or constructive to berate
subordinates, either in public or private.
Question. How do you envision your leadership relationship with
your Deputy Chief of Mission?
Answer. If confirmed, I look forward to a close and productive
relationship with the Deputy Chief of Mission (DCM). If confirmed, I
will work closely with the DCM to advance U.S. priorities in Finland,
including protecting the safety and security of Americans, expanding
our economic relationship, and advancing shared priorities.
Question. If confirmed, what leadership responsibilities do you
intend to entrust to your Deputy Chief of Mission?
Answer. If confirmed, I will consult closely with the Deputy Chief
of Mission on a range of issues and I will value the institutional
knowledge provided. If confirmed, I will entrust the DCM with
responsibility for the day-to-day operations of the Mission, and the
DCM should keep abreast of policy issues to be able to serve as Charge
d'Affaires in my absence.
Question. In order to create and continue employee excellence at
the Department, accurate and direct employee evaluation reports (EERs)
for Foreign Service Officers are imperative, though often lacking.
Do you believe that it is important to provide employees with
accurate, constructive feedback on their performances in order
to encourage improvement and reward those who most succeeded in
their roles?
Answer. Yes, I believe it is important to use the performance
evaluation process to provide employees with timely, honest, accurate,
and constructive feedback on their performance.
Question. If confirmed, would you support and encourage clear,
accurate, and direct feedback to employees in order to improve
performance and reward high achievers?
Answer. Yes. If confirmed, I would support and encourage clear,
accurate, and direct feedback to employees to improve performance and
reward high achievers.
Question. It is imperative that U.S. diplomats get outside of posts
abroad to meet with local actors, including host government officials,
non-government organizations, and fellow foreign diplomats stationed in
Finland.
In your opinion, do U.S. diplomats get outside of our Embassy walls
enough to accomplish fully their missions?
Answer. Based on my knowledge of the Department and Embassy
operations overseas, U.S. diplomats have done a remarkable job to get
outside our Embassy walls and advance U.S. objectives by meeting local
actors in diverse settings and environments. The COVID-19 pandemic has
been a challenge for U.S. diplomats to travel and fully engage face-to-
face with host country nationals, but as conditions improve, I
understand that U.S. diplomats have resumed in-person engagements and
programs again. I firmly believe it is imperative that U.S. diplomats
get outside of the Embassy to meet with local citizens, including host
government officials and non-governmental organizations.
Question. How do you intend to improve the ability of U.S.
diplomats to better access all local populations?
Answer. If confirmed, I plan to exchange ideas with people from all
parts of the country to hear their views and promote our shared goals.
I will use both social and traditional media to reach people across
Finland. Diversity, equity, inclusion, and accessibility are also an
important part of public diplomacy outreach to ensure efforts reflect
the diversity of U.S. society and societies abroad and encourage the
involvement of people from traditionally underrepresented audiences. If
confirmed, I will work with the Embassy team to continue leveraging
engagements with the media, cultural and educational exchange
organizations, and individual interactions to expand the people-to-
people bonds that are the foundation of our strong bilateral
relationship.
Question. Public diplomacy is an important aspect of U.S. foreign
policy efforts.
What is the public diplomacy environment like in Finland?
Answer. The United States has strong academic, cultural, and
professional exchanges with the people of Finland. If confirmed, I will
work with the Embassy team to continue leveraging relationships with
the media, cultural and educational exchange organizations, and
individuals to expand the people-to-people bonds that are the
foundation of our strong bilateral relationship.
Question. What public diplomacy challenges do U.S. diplomats face
there?
Answer. The COVID-19 pandemic has been a challenge for U.S.
diplomats to travel and fully engage face-to-face with host country
nationals. As conditions improve, U.S. diplomats have started in-person
engagements and programs again. If confirmed, I look forward to
utilizing both traditional and social media to engage with the Finnish
public, in addition to in-person programs.
Question. How do you balance the importance of Main State versus
the in-country mission when it comes to tailoring public diplomacy
messages for foreign audiences?
Answer. We are all one team working to advance the bilateral
relationship and the interests of the United States and the American
people. If confirmed, I will leverage public diplomacy tools to enhance
security cooperation, expand economic and trade relations, strengthen
collaboration on Arctic and climate issues, and deepen people-to-people
ties. I will work to counter adverse influence and mis- and
disinformation through engagements with traditional media,
communication via social media, institutional outreach and personal
interactions, and through a variety of public diplomacy programming.
Working with the public diplomacy team, we will tailor our messaging in
a way that is most appropriate for the Finnish public.
Question. ``Anomalous health incidents,'' commonly referred to as
``Havana Syndrome,'' have been debilitating and sidelining U.S.
diplomats around the world for years. They have caused serious,
negative consequences for U.S. diplomacy, yet many believe that the
Department is not doing enough to care for, protect, and communicate to
its personnel. The past occurrences and ongoing threat of anomalous
health incidents among Embassy personnel and their families poses a
serious challenge to morale. When personnel at post fear for their
safety or doubt that their case will be taken seriously if they were
affected, the performance of Embassy operations can suffer.
If confirmed, do you commit to taking this threat seriously?
Answer. Yes. If confirmed, there is nothing I will take more
seriously than the health and security of the people who will be
working with me.
Question. If confirmed, do you commit to talking as openly as you
can to Mission Helsinki personnel?
Answer. Yes. If confirmed, I commit to sharing what information I
can within the bounds of privacy and security concerns with Mission
Helsinki personnel.
Question. Have you received a briefing on the anomalous health
incidents that have occurred to U.S. Government personnel around the
world, including at U.S. embassies and other diplomatic posts? If you
have not, and if you are confirmed, do you commit to receiving a
briefing on the incidents before you depart for your post?
Answer. I have received a briefing at the unclassified level on the
anomalous health incidents that have affected U.S. Government personnel
around the world. If confirmed, I commit to seeking full briefings at
the appropriate classification levels before my departure to post and
learning how I can best protect all Embassy personnel and respond to
reports of any future potential incidents.
Question. In the event of an anomalous health incident among your
Embassy personnel or eligible family members, do you commit to maintain
detailed records of the incident, and share the information with the
State Department and other Embassies to contribute to the investigation
of how these attacks are affecting U.S. Missions and personnel around
the world?
Answer. If confirmed, the safety and security of the personnel and
family members of Embassy Helsinki, and American citizens in Finland,
will always be my first priority. Should an individual report a
potential anomalous health incident, I commit to ensuring the incident
is reported through the appropriate channels and sharing what
information I can within the bounds of privacy and security concerns.
Question. Whether or not anomalous health incidents occur at your
Embassy, how will you work to restore and preserve morale that may be
lost due to the knowledge these attacks have been occurring at posts
around the world?
Answer. If confirmed, the safety and security of Embassy personnel,
their families, and American citizens in Finland will always be my
first priority. This is an issue I take very seriously and is a top
priority for Secretary of State Antony Blinken. If confirmed, I will
take every measure to keep our staff safe and secure and would take any
report of a potential anomalous health incident very seriously. I will
ensure those affected receive appropriate and prompt medical attention,
and that incidents are investigated fully and reported through the
appropriate channels. I will share what information I can within the
bounds of privacy and security concerns with my team and the mission
community.
Europe and Eurasia
Question. For decades, Finland has been a key negotiator between
Russian interests and NATO interests.
If confirmed, how would you make use of this diplomatic connection?
Answer. Finland has been outspoken against Russia's destabilizing
actions, supports sanctions on Russia, and has issued timely statements
condemning Russia's unprovoked and unjustified war against Ukraine. The
United States works closely with Finland to monitor and push back
against Russia's malign activities. If confirmed, I would continue to
engage with the Finnish Government to ensure a unified and proactive
approach to address Russian threats.
Question. As Putin's Government grows more aggressive toward
Europe, will Finland lose its status as a mediator between NATO and
Russia? If so, how will that affect NATO-Russia relations?
Answer. Finland maintains a pragmatic but firm relationship with
Russia. Finland is a like-minded partner concerning Russia's unprovoked
and unjustified war against Ukraine, and Finland supports a
multilateral and diplomatic solution. President Niinisto, Prime
Minister Marin, and Foreign Minister Haavisto have publicly condemned
Russia's war against Ukraine as a grave breach of international law and
an attack on the European security order.
Question. If Putin agrees to negotiate with the Ukrainian
Government, would you advocate for this conference to take place on
neutral territory under neutral supervision, such as in Finland? If
yes, how?
Answer. While I cannot speak to hypotheticals, I would note that
Finland is a like-minded partner concerning Russia's unprovoked and
unjustified war against Ukraine, and Finland supports a multilateral
and diplomatic solution. If confirmed, I commit to working closely with
Finland to support our shared security goals.
Question. On February 26, 2022, Finnish Ambassador Mikko Hautala
said Finland does not feel threatened by Russian warnings of a
potential military response if they decide to join NATO.
Do you think that Finland should be worried about the Russian
military?
Answer. While I cannot speak for Finland, the country's independent
defense capabilities safeguard over 800 miles of Europe's Russian
border, enhancing the security of U.S. Allies and partners in the
region. Finland maintains a pragmatic but firm relationship with
Russia. Finland is a NATO Enhanced Opportunities Partner and actively
participates in NATO political dialogue, exercises, and operations.
Furthermore, Finland's purchase of F-35As will ensure the transatlantic
security partnership continues to deepen.
Question. What will you do as Ambassador to prevent concerns of
Russian aggression from rising?
Answer. Finland is a like-minded partner concerning Russia's
unprovoked and unjustified war against Ukraine, and Finland supports a
multilateral and diplomatic solution. President Niinisto, Prime
Minister Marin, and Foreign Minister Haavisto have publicly condemned
Russia's war against Ukraine as a grave breach of international law and
an attack on the European security order. If confirmed, I will work to
ensure U.S. and Finnish policies toward Russia remain closely
coordinated.
Question. If Finnish sentiment does change, how will you use your
role to assure Finland of U.S. support?
Answer. Finland is a valued partner and close friend, and the U.S.-
Finland relationship is broad and multi-faceted. The United States and
Finland cooperate on regional and global security, free trade, emerging
technology, countering hybrid threats, and counterterrorism. If
confirmed, I will work to continue to strengthen our cooperation with
Finland and assure Finland of U.S. support on regional and global
challenges.
Question. In the unlikely event of a Russian attack on Finnish
territory, is their military sufficient to repel Russia's?
Answer. While I cannot speak to hypotheticals, Finland's
independent defense capabilities safeguard over 800 miles of Europe's
Russian border, enhancing the security of U.S. Allies and partners in
the region. Finland is a NATO Enhanced Opportunities Partner and
actively participates in NATO political dialogue, exercises, and
operations. Furthermore, Finland's purchase of 64 F-35As and associated
missiles and munitions will provide Finland with a credible defense
capability to deter aggression in the region and ensure
interoperability with U.S. forces.
Question. Would you support U.S. security assistance to the Finnish
Government in case of invasion?
Answer. While I cannot speak to hypotheticals, if confirmed, I will
commit to continue to strengthen our cooperation with Finland on
regional, security, and global challenges. Finland shares our goal of
strengthening the transatlantic relationship to address the full range
of threats facing the transatlantic community.
Question. In 2019, Finland's top import was crude petroleum, mostly
from Russia. Its top 2019 export was refined petroleum, exporting
mostly to Europe and the U.S.
Given Finland's key role in the oil industry, how would the Finnish
economy be affected by sanctions against Russia's oil and gas
sector?
Answer. Finland is well ahead of most of the world in transitioning
its economy to a sustainable and carbon-neutral energy footing, and as
such is better prepared for possible disruptions of gas and oil
supplies. While Finland imports all its natural gas from Russia, gas
only accounts for five percent of Finland's energy consumption.
Question. Do you think that Finland would support those sanctions?
Answer. Finland has been outspoken against Russia's destabilizing
actions, has been supportive of past sanctions on Russia, and has
issued timely statements condemning Russia's unprovoked and unjustified
war against Ukraine. Finnish officials and the public support the
continuation of sanctions against Russia until the full restoration of
Ukrainian territorial integrity within its sovereign, internationally
recognized borders.
Question. On February 28, 2022, Finland decided to supply the
Ukrainian Government with military gear, including firearms and
ammunition.
Do you support this decision? Why or why not?
Answer. Yes. We are seeing historic levels of international support
for Ukraine and welcome the unprecedented security cooperation and
assistance including lethal defensive aid. The United States has
engaged Allies and partners to support Ukraine in the face of Russia's
unprovoked war. If confirmed, I look forward to continuing this
engagement.
Question. Russia's invasion of Ukraine could cause a long-term
Ukrainian diaspora.
Do you think that Finland would consider accommodating Ukraine's
displaced citizens?
Answer. Recent media reports suggest Finnish citizens are welcoming
and hosting Ukrainian refugees.
Question. Would you encourage the Finnish Government to do so?
Answer. The United States has encouraged countries in the region to
adhere to their refugee obligations. Russia's war against Ukraine has
created a rapidly growing humanitarian crisis, with more than one
million refugees, predominantly women and children, having already fled
the country.
Question. On Monday, February 28, 2022, Ukrainian president
Zelenskyy submitted a petition for Ukraine to join the EU.
Do you think that Finland will support this petition?
Answer. This is a question for Finland to determine.
Question. Would you encourage the Finnish Government to do so?
Answer. The transatlantic community remains the bedrock of U.S.
foreign policy. It is the foundation of our shared security, our shared
prosperity, and our shared values. If confirmed, I would work with
Finland to support Ukraine's integration into European and Euro-
Atlantic institutions, while leaving the specifics of the EU accession
process to Finland and other EU member states.
NATO
Question. Finland has historically remained neutral in European
security matters with regard to Russia; however, since Russia's
reinvasion of Ukraine, Finland has taken action to send military
assistance to the Ukrainian military, and popular support for joining
NATO has surpassed 50 percent for the first time.
What do you believe are the advantages and disadvantages of Finland
joining NATO, both for Finland, the United States, as well as
the NATO alliance itself?
Answer. Finland is a NATO Enhanced Opportunities Partner and
actively participates in NATO political dialogue, exercises, and
operations. Finland shares our goal of strengthening the transatlantic
relationship to address the full range of threats facing the
transatlantic community. Both the United States and Finland's
leadership have consistently reaffirmed that it is Finland's sovereign
decision whether or not to apply to join NATO, rejecting any attempt by
Russia to restrict NATO's Open-Door policy. If confirmed as U.S.
Ambassador to Finland, I commit to consistently reaffirm the message to
our Finnish partners that NATO's door is open, if they choose to pursue
NATO membership.
Question. As Ambassador, how would you approach the matter of
Finland joining NATO?
Answer. If confirmed as U.S. Ambassador to Finland, I commit to
consistently reaffirm the message to our Finnish partners that NATO's
door is open, if they choose to pursue NATO membership.
Question. What ways can we work with Finland to advance our mutual
national security interests in Europe outside of NATO?
Answer. The United States and Finland cooperate on regional and
global security, free trade, emerging technology, countering hybrid
threats, and counterterrorism. Finland's purchase of F-35As will ensure
the transatlantic security partnership continues to deepen. Common
logistics and interoperability will create future opportunities for
further security cooperation between Finland and the United States for
decades to come. Finland is a leader in critical and emerging
technologies ranging from 5G and 6G to quantum computing. These
industries represent billions of dollars in trade, investment, and
cooperation aligned with American companies and interests. If
confirmed, I will work to continue to strengthen our cooperation with
Finland.
Question. Finland is a leader in the implementation of nuclear
power and disposal of radioactive waste.
Do you support the increased use of nuclear power in general?
Answer. There is broad public support in Finland to expand nuclear
energy production. If confirmed, I would look to support this area as
an opportunity to promote American technologies and nuclear energy
solutions that accelerate the clean energy transition and facilitate an
affordable pathway to net-zero.
Question. If sanctions are put on Russia's nuclear industry, which
supplies unique equipment and material for nuclear plants around the
world, including Finland, how will you work with the Government to
ensure they can find alternatives while adhering to sanctions?
Answer. While I cannot speak to hypotheticals, if confirmed, I
would work with the Finnish Government on viable, clean, low-carbon
alternatives to Russian nuclear energy. Finland has been proactive in
this area; Finnish leadership have publicly stated their intention to
reduce energy dependence on Russia and the Government has halted
Fennovoima's nuclear power project. If confirmed, I would seek
opportunities for American industry, which has been a decades-long
global leader in civil nuclear technologies and is developing some of
the most advanced new technologies.
Question. In the event of a mainland European energy shortage due
to reduced supply from Russia, how would you encourage the Finnish
Government to assist in preserving and augmenting European energy
security?
Answer. In 2019, a EUR 250 million subsea natural gas pipeline--
called the Balticconnector--was completed between Finland and Estonia.
This pipeline links Finland's gas grid with the Baltics and can be
supplied via existing LNG terminals in Finland and the Baltics.
Question. In the coming decades, how do you foresee clean energy
agreements affecting Finland's large oil and automotive industries?
Answer. Finland is a green energy leader in Europe and is on track
to meet its ambitious 2035 carbon-neutral target. In general, there is
broad public and political support for green energy reforms, and
Finnish industries have already begun transitioning to sustainable and
clean energy.
Question. Do you think they will be able to meet global climate
benchmarks?
Answer. Finland has set among the most ambitious climate goals in
Europe, including achieving carbon neutrality by 2035, planning to
phase out coal by May 2029, and planning to increase the share of
renewables in energy consumption to more than 50 percent during the
2020s to help achieve this goal. If confirmed, I look forward to
working with Finland to advance our shared climate goals.
Question. Finland has shown limited interest in accommodating
asylum-seekers from Afghanistan and other countries. In November 2021,
the Finnish Government raised its 2022 refugee quota from 1050 to 1500,
which is still less than three people for every ten thousand Finnish
residents.
If confirmed, would you encourage the Finnish Government to raise
that quota?
Answer. Finland has been a strong leader in its Afghanistan
response, working closely with the United States and Allies to support
evacuation and resettlement. In 2021, Finland quadrupled its
humanitarian assistance to Afghanistan to 12.5 million euros. Finland
continues to place human rights as a cornerstone of its foreign policy,
and the United States can work with Finland to continue to ensure the
rights and protection of refugees both within Finland and within a
broader international system. If confirmed, I will work with and
encourage Finland to raise the refugee quota further, while also
recognizing its past leadership.
Question. How do you anticipate Finland and other EU countries will
respond to the recent influx of refugees from Central Asia and the
Middle East?
Answer. In 2015, Finland saw an unprecedented 32,447 individuals
file for asylum protection, and the immigration system responded
quickly to expand capacity and services. By 2020, Finland received only
about 3,000 asylum applications. Finnish Immigration Service was able
to shrink service capacity to correspond to the number of asylum
seekers while maintaining flexibility for future surges.
Question. If confirmed, how will you work with the Finnish
Government to provide long-term resettlement to the thousands of
asylum-seekers currently living in Finland?
Answer. Finland provides services and housing to quota refugees
directly through local municipalities. According to the Finnish Red
Cross, municipal services have been able to secure housing for all
arriving quota refugees and often secure almost 1,000 additional places
ahead of the process for the following year. The Finnish Immigration
Service provides housing, social and healthcare services,
interpretation services, and legal aid to asylum-seekers at regional
reception centers. If confirmed, I will encourage the Finnish
Government to provide long-term resettlement to the thousands of
asylum-seekers currently living in Finland.
Indo-Pacific
Question. Although Finland had a positive relationship with the
Chinese Government through 2017, recent reports by Finnish civil and
defense ministries suggest a much more adversarial stance toward China,
and they encourage solidarity with the rest of the EU on this issue.
If confirmed, how will you support Finland in countering malign CCP
encroachments into Europe's political institutions, especially
the EU?
Answer. While Finnish officials are willing to publicly criticize
the PRC's human rights record, the Finns stress the importance of
maintaining effective dialogue with the PRC. Finland has also been open
in its criticism of the PRC's repression of the Uighurs in Xinjiang,
supporting the EU's March 2021 sanctions targeting PRC officials
implicated in human rights abuses in Xinjiang. Three Finnish officials
were affected by the PRC's retaliatory sanctions. If confirmed, I look
forward to working with the Finnish Government and multilateral
institutions to support Finland in countering malign CCP encroachments
into Europe's political institutions.
Question. Do you see Finland as a valuable potential ally in
blocking similar encroachments into the U.N. and other global
institutions?
Answer. Finland is a like-minded partner. After the implementation
of the Hong Kong security law in July 2020, Finland suspended its
extradition treaty with Hong Kong, prompting criticism from PRC state-
controlled media and the PRC's Embassy in Finland. If confirmed, I look
forward to working with Finnish officials, including those working in
U.N. institutions, the business community, and civil society on this
important issue, as well as working to increase U.S. trade with Finland
as a counterbalance to China's growing influence in Europe.
Trade and Technology
Question. One of China's goals is to have Chinese manufacturers
produce new 5G communications systems around the world, which poses a
security risk to the U.S. and our allies. The Finnish
telecommunications company, Nokia, could offer 5G infrastructure that
aligns with our security interests as an alternative to Chinese
companies.
As Ambassador, how would you work with the Finnish Government to
promote private sector engagement in telecommunications?
Answer. Finland is a global leader in telecommunication technology
and is home to one of the three trusted providers of "full stack" 5G
equipment worldwide. Finland is known as the "the world's
telecommunications test laboratory" and is used for experimental
launches of new products and services before going global. Finland
offers a great opportunity for American companies to develop and test
new applications of 5G networks, and if confirmed I look forward to
supporting this opportunity.
Question. What ways could the U.S. Government promote technology
partnerships with Finland in order to create secure and marketable 5G
infrastructure solutions that can compete with Chinese alternatives?
Answer. Although Finland will not ban specific vendors from its 5G
network, changes to its telecommunications law in December 2020 make it
difficult for untrusted vendors to operate in the network. If
confirmed, I look forward to working with Finnish officials, the
business community, and civil society on this important issue, as well
as working to increase U.S. trade with Finland as a counterbalance to
the PRC's growing influence in Europe.
Question. How would you work with the Finnish Government to protect
intellectual property with regard to high technology?
Answer. Finland is a source of emerging technology and, as such,
there is an opportunity to promote IPR enforcement worldwide. If
confirmed, I look forward to working with Finland on adopting controls
and standards for new technologies such as quantum and artificial
intelligence, which protect our common democratic values, respect for
human rights, and preserve our other fundamental freedoms.
Question. In the State Department's 2021 Trafficking in Persons
Report, Finland was identified as Tier 1 but courts in country had
failed to prosecute as many traffickers in past reporting periods and
victims continued to be penalized.
What is your assessment of this issue?
Answer. Finland was ranked as Tier 1 in the 2021 TIP report.
According to the report, Finland fully meets the minimum standards for
the elimination of trafficking. The Government continued to demonstrate
serious and sustained efforts during the reporting period while
considering the impact of the COVID-19 pandemic, if any, on its anti-
trafficking capacity.
Question. If confirmed, how will you work with the office of the
Ambassador-at-Large to combat and monitor trafficking in persons to
improve anti-trafficking efforts in Finland?
Answer. If confirmed, I will engage with the Office to Monitor and
Combat Trafficking in Persons and Finnish authorities to encourage
cooperation to make progress in combating trafficking in persons to
include fully prosecuting traffickers and protecting victims. If
confirmed, I will continue our engagement with the Finnish Government
on this important issue with the goal of ensuring Finland remains as a
Tier 1 status country.
Question. In the State Department's 2020 International Religious
Freedom report, Finland was reported to have had serious incidents
motivated by antisemitic or antimuslim behavior and rhetoric. What is
your assessment of this particular issue and if confirmed, how will you
work with the Ambassador-at-Large to bolster religious freedom in-
country?
Answer. Finnish law guarantees freedom of religion and prohibits
discrimination on the grounds of religion. If confirmed, I will support
efforts of Jewish, Muslim, and all faith communities to collectively
advocate on issues that threaten to restrict religious practice. This
includes opposing laws that would negatively infringe on religious
practices, such as the recently proposed animal welfare law that would
ban or limit kosher and halal slaughter. If confirmed, I will advocate
for religious freedom for members of all religious groups, and work
with the Ambassador-at-Large, the Finnish Government, and NGO partners
to promote religious freedom.
Question. In the State Department's 2020 Human Rights Report,
Finland had no reports of serious human rights abuses or concerns.
However, there is always room for improvement. If confirmed, how can
you engage with civil society to bolster human rights on the ground and
at the U.S. Mission?
Answer. If confirmed, I will work with civil society to advance
shared values, including respect for human rights. Finland is a strong
advocate for addressing global issues in multilateral fora, including
through their new seat on the Human Rights Council. If confirmed, I
will work to leverage our strong relationship and shared values and
utilize public diplomacy tools to promote the international rules-based
order and bolster human rights.
The United Nations
Question. The Office of Multilateral Strategy and Personnel (MSP)
in the State Department's bureau of International Organizations is
leading a whole-of-government effort to identify, recruit, and install
qualified, independent personnel at the U.N., including in elections
for specialized bodies like the International Telecommunications Union
(ITU). There is an American candidate, Doreen Bodgan-Martin, who would
be the first American and first woman to lead the ITU, if elected. She
is in a tough race that will require early, consistent engagement
across capitals and within the U.N. member states. If confirmed, do you
commit to demarching the Finnish Government and any other counterparts
necessary to communicate U.S. support of Doreen?
Answer. Yes, if confirmed, I commit to demarching the Finnish
Government and any other counterparts necessary to communicate U.S.
support of Doreen Bogdan-Martin.
__________
Responses to Additional Questions for the Record
Submitted to Douglas T. Hickey by Senator Jeanne Shaheen
Question. Since the unprovoked Russian attack on Ukraine, Finland
is evaluating its security posture particularly given its long border
with Russia.
How should the U.S. build on existing security cooperation with
Finland to strengthen our ties and deter further aggression?
Answer. Finland is a valued partner, and the U.S.-Finland
relationship is broad and multi-faceted. The United States and Finland
cooperate on regional and global security, free trade, emerging
technology, countering hybrid threats, and counterterrorism. Finland's
800-mile-long border with Russia means it is a key partner in ensuring
Europe's security. Finland's purchase of F-35As will ensure the
transatlantic security partnership continues to deepen. Common
logistics and interoperability will create future opportunities for
further security cooperation between Finland and the United States for
decades to come. If confirmed, I will work to continue to build on
existing security cooperation with Finland to strengthen our ties and
deter further aggression.
Question. I am concerned by growing Russian and Chinese efforts to
project power in the Arctic region, as Russia has exponentially
increased its military presence above the Arctic Circle and China now
tries to claim that is a ``near-Arctic'' state.
How does Finland view Russian and Chinese activities in the Arctic?
In what ways are Finland and the United States seeking to work
together on challenges in the Arctic region?
Answer. Finland, like the United States, is an Arctic nation, and
our main forum for cooperation on Arctic issues is the Arctic Council.
Finland is keenly aware of Russia's unprecedented military and
commercial investments in the Arctic and does not agree with the PRC's
claim that it is a ``near-Arctic'' state. Both the United States and
Finland work together within the Arctic Council to enhance sustainable
development, environmental protection, and the well-being and security
of the people living in the region. If confirmed, I look forward to
continuing our close engagement on Arctic issues, including pursuing
new opportunities for scientific collaboration and on our shared
strategic and commercial interests.
__________
Responses to Additional Questions for the Record
Submitted to Douglas T. Hickey by Senator Mitt Romney
Question. Finland has been an outstanding security partner of the
United States, NATO, as well as Ukraine, particularly in light of their
pledge to send military aid to the Ukrainians. Putin may have
calculated that his dishonorable, illegal invasion of Ukraine would
divide NATO from its partners and close NATO's doors to new members,
but his malicious war has only drawn us closer together. I applaud this
administration's steadfast commitment to keeping NATO membership open
to those states that want to join.
Will you commit, if confirmed as U.S. Ambassador to Finland, to
consistently reaffirm the message to our Finnish partners that
NATO's door is open, if they choose to purse NATO membership?
Answer. If confirmed as U.S. Ambassador to Finland, I commit to
consistently reaffirm the message to our Finnish partners that NATO's
door is open, if they choose to pursue NATO membership.
__________
Responses to Additional Questions for the Record
Submitted to Douglas T. Hickey by Senator Todd Young
Question. How do you view the impact of Russia's war on Ukraine on
the security status of Finland?
Answer. Russia's unprovoked, premeditated, and unjustified invasion
of Ukraine has significant security ramifications for all of Europe,
for the transatlantic community, and globally. Finland's 800-mile-long
border with Russia--the longest in the EU--means Finland is a key
partner in ensuring Europe's security. Finland is a like-minded partner
concerning Russia's unprovoked and unjustified war against Ukraine, and
Finland supports a multilateral and diplomatic solution. President
Niinisto, Prime Minister Marin, and Foreign Minister Haavisto have
publicly condemned Russia's war against Ukraine as a grave breach of
international law and an attack on the European security order. If
confirmed, I will work to ensure U.S. and Finnish policies toward
Russia remain closely coordinated.
Question. If confirmed, how would you work with Finland in
coordinating on European security and, potentially, exploring their
membership into NATO?
Answer. Finland is a NATO Enhanced Opportunities Partner and
actively participates in NATO political dialogue, exercises, and
operations. Finland's leadership has consistently reaffirmed that it is
Finland's sovereign decision whether or not to join NATO, rejecting any
attempt by Russia to restrict NATO's Open-Door policy. This sentiment
was expressed in both New Year's 2022 speeches by President Niinisto
and Prime Minister Marin. If confirmed as U.S. Ambassador to Finland, I
commit to consistently reaffirm the message to our Finnish partners
that NATO's door is open, if they choose to pursue NATO membership.
Question. Relatedly, how would you work with Finland's Scandinavian
neighbors, such as Sweden, to ensure they move together where
appropriate?
Answer. Finland has demonstrated clear solidarity with its EU
partners, Nordic neighbors, and the United States on policy regarding
Russia, including on sanctions. Finland and Sweden are both NATO
Enhanced Opportunities Partners and actively participate in NATO
political dialogue, exercises, and operations. If confirmed, I will
work closely with U.S. Ambassadors in the Nordic region and Europe to
advance U.S. policy and support European security.
Question. What is your assessment of the strategic value of
cooperation with Finland on security and regional stability?
Answer. Finland is a valued partner and close friend, and the U.S.-
Finland relationship is broad and multi-faceted. The United States and
Finland cooperate on regional and global security, free trade, emerging
technology, countering hybrid threats, and counterterrorism. Finland
shares our goal of strengthening the transatlantic relationship to
address the full range of threats facing the transatlantic community.
As a NATO Enhanced Opportunities Partner, Finland's purchase of F-35As
will ensure the transatlantic security partnership continues to deepen.
Common logistics and interoperability will create future opportunities
for further security cooperation between Finland and the United States
for decades to come. Commercially, Finland's purchase of the F-35As
means billions of dollars injected into the American economy, the
creation of American jobs, and the opportunity to extend for at least
another 30 years our bilateral cooperation in the aviation industry.
Finland is a leader in critical and emerging technologies ranging from
5G and 6G to quantum computing. These industries represent billions of
dollars in trade, investment, and cooperation aligned with American
companies and interests. Our cooperation with Finland helps advance
American technology leadership with our Allies and partners to protect
our shared security interests, economic prosperity, and democratic
values. If confirmed, I will work to continue to strengthen our
cooperation with Finland on regional and global challenges.
__________
Responses to Additional Questions for the Record
Submitted to Steven H. Fagin by Senator Robert Menendez
Question. How do you plan on working with the Riyadh-based Yemen
Affairs Unit to best address ``on the ground'' issues, including the
monitoring of U.S. assistance in Yemen?
Answer. If confirmed, I will be in the region full-time, serving as
the Chief of Mission for Yemen and leading the Yemen Affairs Unit
located at our Embassy in Riyadh, which oversees the totality of our
interests and efforts in Yemen. These include critical humanitarian and
development work, economic reform efforts, counterterrorism and
security cooperation, engaging with Yemeni and regional officials as
well as Yemeni civil society, and above all else, working to ensure the
safety and security of American citizens. As Chief of Mission, it would
be my responsibility to oversee the implementation and review of third-
party monitoring of all programming with U.S. assistance alongside my
Washington counterparts, and I look forward to working with Congress on
these and many other important issues affecting U.S. interests and
security.
Question. How will you work with Special Envoy Lenderking to create
a space that encourages the warring parties in Yemen to come to the
table and have a constructive dialogue?
Answer. If confirmed, I look forward to working closely with
Special Envoy Lenderking to support inclusive U.N.-led efforts to reach
a durable resolution to the conflict in Yemen. The only way to reach
such a resolution is through a negotiated political agreement. There is
no military solution. U.N.-led efforts must also address the underlying
economic and humanitarian crises and lead to accountability for human
rights abuses and violations. This is a complex set of problems, but
not insurmountable; we must continue to work at it tenaciously and with
our partners.
Question. What are your plans to ensure the safety of the U.S.
compound in Sana'a?
Answer. The Houthis' outrageous actions against our Yemeni local
staff and former Embassy compound in Sana'a are both deplorable and
unjustifiable and are an affront to the entire international community,
only further aggravating the conflict in Yemen. If confirmed, I will
lead efforts to ensure the Houthis release unharmed all current and
former U.S. local employees who remain held, end their harassment of
our staff and restrictions on their movement, vacate our former Embassy
compound, and return all seized U.S. Government property. If confirmed,
I would continue our work with our partners in the region to make sure
the Houthis hear loud and clear that these egregious actions seriously
jeopardize the prospects for the Houthis to ever be a part of a
legitimate and internationally recognized Government of Yemen.
Question. The U.S. currently has more than 200 locally employed
staff in Yemen. How do you plan on ensuring the continued safety of
these individuals?
Answer. The United States is fully committed to ensuring the safety
of the 170 locally employed staff who work for the U.S. Government in
Yemen. If confirmed as Chief of Mission, the safety and security of the
U.S. Government employees in Yemen and in the Yemen Affairs Unit in
Riyadh would be paramount. I will pursue every path available to secure
the release of the detained locally employed staff, including
engagement with Houthi leaders, international organizations, other
Yemenis, and regional leaders. I would lead efforts to ensure the
Houthis cease any further detentions or harassment of our employees and
work with regional partners to condemn such acts.
Question. What efforts can be taken to encourage the release of Mr.
Marhabi? How do you plan on engaging with the Houthis and other
regional partners on this matter?
Answer. The fact that the Houthis continue to detain Levi Marhabi
is deplorable. Over the past two years, the international community,
humanitarian groups, and leading NGOs have called for his immediate and
unconditional release. Senior U.S. officials have echoed those calls,
including within the U.N. Security Council. If confirmed, I will engage
Yemeni and regional officials to make clear U.S. expectations regarding
the equal treatment and protection of members of religious minority
groups.
Anomalous Health Incidents
Question. Do you agree these incidents must be taken seriously, and
pose a threat to the health of U.S. personnel?
Answer. Yes. Any threat to the safety and security of personnel
must be addressed quickly and thoroughly. As Chief of Mission, I would
be responsible for ensuring that U.S. Government employees in Yemen and
in the Yemen Affairs Unit in Riyadh are able to perform their duties
safely.
Question. If confirmed, do you commit to ensuring that any reported
incident is treated seriously and reported quickly through the
appropriate channels, and that any affected individuals receive prompt
access to medical care?
Answer. Yes. The Department's most serious commitment is to its
people, and it will not relent in ensuring that any personnel who fall
ill while in service to their country will get the help that they need.
Question. Do you commit to meeting with medical staff and the RSO
at post to discuss any past reported incidents and ensure that all
protocols are being followed?
Answer. Yes. If confirmed, I would have a responsibility to all
those who fall under my care and security responsibility as Chief of
Mission.
__________
Responses to Additional Questions for the Record
Submitted to Steven H. Fagin by Senator James E. Risch
Question. Divisions in the Saudi-led coalition helped drive Houthi
military advances in recent years. What steps can the U.S. take to
foster greater cohesion in the Saudi-led coalition?
Answer. Enhancing unity among the anti-Houthi bloc is essential to
reaching a negotiated solution that ends the war. The United States is
working closely with its partners in the region to minimize divisions
in the bloc and, if confirmed, I would meet regularly with these key
stakeholders to remind them of our shared interest in ending this
conflict.
Question. What more do you feel the U.S. can do outside of the
U.N.-led political process to inject greater stability in Yemen?
Answer. The United States has contributed nearly $4.5 billion in
humanitarian assistance to Yemen since the start of the war. This
support not only saves lives, but it also prevents further
deterioration of social and economic conditions that would make it even
harder to resolve the conflict. If confirmed, I would continue our
strong humanitarian efforts, and I would also work with key partners
and international financial institutions to support efforts to
stabilize both Yemen's economy and its governing institutions, as well
as to address the underlying economic drivers of conflict. U.S. support
has helped build the capacity of key Yemeni Government economic
institutions and bolstered job-creating enterprises that improve
conditions for Yemeni families. Our programming has Yemenis--
particularly youth and women--develop skills that increase their
employability.
Question. Do you feel there is merit in recalibrating U.S.
assistance to focus more on local governance and institution building?
Answer. Our foreign assistance in Yemen is intended to address a
wide range of sectors that support U.S. interests in ending the
conflict and improving Yemeni lives. Our economic and community-level
support are key components outside of humanitarian assistance that seek
to advance critical reforms and build on those openings should there be
a political settlement.
Question. What means can the United States employ to get the
Houthis to engage in peace talks in good faith and reduce interference
in aid operations?
Answer. The United States strongly supports U.N. Special Envoy
Grundberg and is leading international efforts to demonstrate to the
Houthis that the only sustainable path forward is through dialogue. We
continually encourage others with relationships with the Houthis to
press them to give up on a military solution to the conflict and come
to the negotiating table. And we will not hesitate to use the tools at
our disposal, including sanctions, to pressure the Houthis to cease
their military offensives and engage sincerely with U.N.-facilitated
political talks to resolve the conflict.
Question. What role can the U.S. play to encourage peace between
the Houthis and the Yemeni Government?
Answer. If confirmed, I look forward to working closely with U.S.
Special Envoy Tim Lenderking to support U.N.-facilitated efforts to
reach an inclusive, durable resolution to the conflict in Yemen. The
only way to reach such a resolution is through a negotiated inclusive
political agreement. There is no military solution. If confirmed, I
would support the Administration's efforts to advance an inclusive,
U.N.-facilitated political process that also addresses the underlying
economic and humanitarian crises and leads to accountability for human
rights abuses and violations. This is a complex set of problems, but
not insurmountable; we must continue to work tenaciously with our
partners to reach this negotiated political agreement.
Question. What steps can the U.S. take to bring greater pressure on
the Houthis? Are there opportunities to foster greater collaboration
with our regional partners in this space, Oman, Kuwait?
Answer. The Houthis' increasingly provocative and dangerous
behavior warrants a strong international response, and I agree we must
continue to work in concert with our partners to send clear messages to
the Houthis to de-escalate and sit down at the negotiating table. If
confirmed, I would support efforts to use various tools at our
disposal, including sanctions, to pressure the Houthis to cease their
military offensives and engage in good faith with U.N.-facilitated
political talks.
Question. Please provide your perspective on the Riyadh Agreement
and its legitimacy as a realistic pathway towards peace.
Answer. Strengthening the anti-Houthi bloc is essential to reaching
a durable resolution to the conflict. The United States is working with
the parties to the Riyadh Agreement to improve coordination between the
Yemeni Government and the Southern Transitional Council, and if
confirmed, I would strongly support those efforts. The Yemeni Prime
Minister and most of the Yemeni cabinet have returned to Aden, which
was a positive step to ease political tensions and improve governance.
Question. What more can the U.S. to do support Saudi efforts to
advance implementation? Can greater pressure be brought upon the UAE?
Answer. The United States coordinates closely with Saudi Arabia and
the UAE on efforts to strengthen the anti-Houthi bloc. If confirmed, I
would strongly support those efforts. There have been some notable
successes resolving differences among parties to the Riyadh Agreement,
including the Prime Minister and most of the Yemeni cabinet returning
to Aden to perform their official duties.
Question. In your mind, what is the benefit of limiting U.N. talks
to the Houthis and the Saudis?
Answer. The United States supports the U.N.'s plans to ensure
political talks are inclusive so that the full range of Yemeni voices
can be heard, including women and civil society leaders, and members of
other marginalized demographics. I was encouraged by reports of the
U.N. Special Envoy's political consultations, as well as the GCC's
effort to convene a broad representation Yemenis for an upcoming
dialogue. Seven years of war have changed the situation in Yemen, and
political talks must reflect that new reality if they are to secure a
durable political agreement.
Question. Should the southern groups also play a role?
Answer. The United States believes inclusive talks involving voices
across the political spectrum that include women, civil society
leaders, and members of other marginalized demographics are essential
to securing a durable political agreement. Political groups from
throughout Yemen, including southern Yemen, should play an active role
in U.N.-facilitated political talks.
Question. What is your position on the UAE's support for proxy
forces like the Giants Brigade?
Answer. The Saudi-led Coalition's defense of Marib against a
sustained Houthi onslaught has helped prevent a significant
deterioration of already-tenuous conditions in the governorate. Over a
million internally displaced people have sought refuge in Marib. The
Houthis' continued military efforts to seize the city--despite there
being no military solution to the conflict--further underscores the
importance of all parties de-escalating militarily and engaging in
good-faith efforts to negotiate a political resolution under the U.N.'s
leadership. The U.S. Government, at all levels, routinely calls on all
parties to adhere to international humanitarian law, respect human
rights, and engage in good-faith efforts to prevent civilian casualties
and greater human suffering.
Question. Please provide your assessment of proxy forces' role in
CT, and their effectiveness relative to other forces on the ground.
Answer. The United States continues to prioritize counterterrorism
efforts by working closely with the Yemeni Government and regional
partners to counter threats from Al Qaeda in the Arabian Peninsula
(AQAP) and ISIS-Yemen, both of which are U.S.-designated terrorist
groups. Counterterrorism operations, battlefield losses to the Houthis,
and internal divisions have degraded AQAP capabilities in Yemen. The
group, however, remains a significant threat to the region and to the
national security of the United States. If confirmed as Chief of
Mission, I would continue to work closely with the Yemeni Government
and regional partner forces to degrade those terrorist threats.
Question. If confirmed, how do you plan to ensure U.S. equities
will be taken into account in a final settlement if the United States
continues to reduce, restrict, or otherwise sever support to the Saudi-
led coalition (SLC)?
Answer. The Houthis' continued attacks against Saudi Arabia and the
United Arab Emirates are unacceptable and threaten nearly 130,000
Americans living in the two countries. U.S. support for Saudi and
Emirati defenses against Houthi attacks remains strong. If confirmed, I
will work closely with U.S. Special Envoy Tim Lenderking and both
countries to de-escalate the fighting and turn towards inclusive U.N.-
facilitated political talks. All parties except the Houthis recognize
there is no durable military solution to this conflict.
Question. If confirmed, how do you plan to address the Houthi's
systematic and widespread human rights abuses which pose a very real
threat to regional stability?
Answer. The best way to help ensure that the human rights of all
Yemenis are respected is to seek a comprehensive and inclusive peace
settlement that includes the meaningful participation of women, civil
society, and members of marginalized groups, which includes their calls
for justice, accountability, and redress for human rights abuses and
violations. The United States will continue to demand that all parties
to the conflict, particularly the Houthis, end human rights abuses,
including those involving the recruitment and use of child soldiers;
killings; abductions, including on the basis of religion; gender-based
violence; torture and other abuses; and interference with the exercise
of freedom of expression, including for members of the press. We have
supported language condemning the unlawful recruitment or use of child
soldiers and other abuses in several recent Security Council statements
on Yemen.
Question. If confirmed, how will you direct your Embassy to work
with civil society organizations to improve the human rights situation
on the ground?
Answer. If confirmed, I will work alongside U.S. Special Envoy Tim
Lenderking in engaging with a wide range of Yemeni groups, including
women and civil society leaders, and members of other marginalized
demographics, to promote a more inclusive peace process and to amplify
their calls for peace, justice, and accountability. The administration
uses foreign assistance to support some of these groups where possible,
including by supporting a diverse independent media and groups working
to document human rights abuses. We hope to continue this critical
work.
Question. What options are available to the U.S. mission to bolster
human rights?
Answer. Justice and accountability for human rights abuses and
violations are key to a durable resolution to the conflict. In support
of this imperative, the Department supports efforts to document
evidence of abuses committed by all parties to the conflict and
emphasizes the importance of using such documentation in current and
future legal, reconciliation, and transitional justice processes. The
continued and worsening harassment of independent journalists and human
rights advocates throughout the country poses a significant obstacle to
a durable peace. The State Department remains committed to supporting
Yemeni journalists and advocating for their protection, and it
consistently raises human rights violations and abuses in Yemen in
public messaging and multilateral forums.
Question. If confirmed, how do you plan to go about reducing
Iranian influence in Yemen?
Answer. I share your concern about Iran's influence in Yemen.
Ending the conflict is the best way to diminish the Iranian role in the
country. The United States disrupts Iran's destabilizing provision of
weapons and military expertise to the Houthis and has sanctioned
individuals, entities, and vessels related to international networks
used to facilitate the provision of millions of dollars' worth of funds
to the Houthis in cooperation with IRGC-Quds Force senior officials.
Those who seek to profit from the suffering of the Yemeni people must
be stopped.
Question. Are there steps that can be taken to improve interdiction
efforts?
Answer. Iran provides increasingly sophisticated weapons, strategic
advice, logistical support, and funds to the Houthis, which the group
has used to launch attacks against Saudi Arabia and the UAE, including
terrorist attacks threatening civilians and commercial sites. The
United States continues to disrupt this Iranian support through
increased maritime interdictions, export controls on U.S. origin items,
and targeted sanctions of individuals, entities, and vessels involved
in transferring these items to the Houthis.
Question. To what extent do you feel there is room for greater
Israeli involvement in this space?
Answer. We welcome all efforts to urge the parties toward peace in
Yemen. We believe the Houthis are sensitive to international opinion,
and we welcome the expansion of a broad international consensus on the
need to end this conflict.
Question. How has Iran's support to the Houthis changed in recent
years?
Answer. Iran continues to exacerbate the conflict through its
material and technical support to the Houthis. The Houthis are
responsive to a degree to Iranian direction and policy. Iran continues
to affect the conflict resulting in ever greater regional instability
and miscalculation by all parties.
Question. What impact has it had on the advancement of Houthi
military capabilities?
Answer. The unlawful flow of weapons from Iran to the Houthis in
Yemen is enabling the brutal Houthi offensives in Yemen, increasing the
suffering of civilians.
Question. What more can the U.S. do to address the threat Iranian
support to the Houthis poses?
Answer. The Biden-Harris administration is committed to countering
the military threat from Iran. The U.S. Navy seized dozens of anti-tank
guided missiles, thousands of assault rifles, and hundreds of machine
guns and rocket-propelled grenade launchers from stateless dhows in the
Arabian Sea in February, May, and December of last year. The U.S. will
continue to disrupt these activities where possible and use sanctions
as appropriate against those who exacerbate the conflict.
Question. How might the signing of a time-limited nuclear deal with
Iran that fails to curb its support to proxies impact dynamics in
Yemen?
Answer. The President has been clear that the Administration is
committed to ensuring Iran never acquires a nuclear weapon, and has
stressed that diplomacy, in coordination with our allies and regional
partners, is the best path to achieve that goal. There are fundamental
problems with Iran's behavior across a series of issues, including its
support for terrorism, its ballistic missile program, its destabilizing
actions throughout the region, and its abhorrent practice of using
wrongfully detained U.S. nationals and others as political tools.
Because an Iran with a nuclear weapon would make all these threats
worse, the President's strategy is to pursue a mutual return to full
implementation of the JCPOA to restrict Iran's nuclear program and
provide a stronger platform from which to address its destabilizing
conduct. The Biden administration is committed to using all the tools
at its disposal to counter Iran's destabilizing activities, to include
limiting its ability to finance groups outside of Iran, and
intercepting weapons flows to these groups.
Question. If confirmed, how do you plan to advance efforts to
secure the release of U.S. local staff still being held by the Houthis?
Answer. The detentions of our locally employed staff are egregious
and unacceptable. The Department of State is committed to ensuring the
safety of these colleagues. If confirmed as Chief of Mission, their
safety and security would be paramount for me. I would pursue every
path available to secure their release, including engagement with
Houthi leaders, international organizations, other Yemenis, and
regional leaders. I would lead efforts to ensure the Houthis cease any
further detentions or harassment of our current or former employees and
work with the international community to condemn such acts until they
stop.
Question. What options are being considered to shore up the
security of current and former local staff in light of the continued
threat posed by the Houthis?
Answer. The Houthis' unacceptable actions against our local staff
and former Embassy compound in Sana'a are both deplorable and
unjustifiable, and are an affront to the entire international
community, only further aggravating the conflict. If confirmed, I would
lead efforts to ensure the Houthis immediately release unharmed all
current and former U.S. local employees who remain held, end their
harassment of our staff and restrictions on their movement, vacate our
former Embassy compound, and return any seized U.S. Government
property. We must continue to work closely with our partners in the
region to make sure the Houthis hear loud and clear that these
egregious actions seriously jeopardize the prospects for the Houthis to
ever be a part of a legitimate and internationally recognized
Government of Yemen.
Question. There is growing concern over the continued downturn in
the economy, particularly in the South. For some time, it's been clear
that another injection will be needed to stabilize the currency but
this will require progress on advancing fiscal reforms. If confirmed,
how do you plan to press the internationally recognized government to
improve transparency and implement the reforms necessary to set the
condition for greater economic stability?
Answer. Economic grievances are a key driver of the conflict and
must be addressed if we are to ensure its durable resolution. One
element of that effort is improving macroeconomic stability, including
in areas controlled by the Yemeni Government, and that requires steps
to improve transparency. If confirmed, I would work with our regional
and international partners, including experts at international
financial institutions and in the private sector, to support reforms
that bolster the Yemeni economy and ensure resources are used to
benefit the Yemeni people.
Question. In the State Department's 2021 Trafficking in Persons
Report, Yemen remained a ``special case'' for the sixth year in a row.
Knowing that accurate information on human trafficking in country
remains difficult, how will you work with relevant stakeholders to
address these issues if you are confirmed as Ambassador? If confirmed,
do you commit to accurately portraying any situational updates
regarding human trafficking in Yemen in the annual Trafficking in
Persons report?
Answer. Despite the conflict in Yemen, migrants continue to travel
there, primarily from east Africa, often in search of economic
opportunities in neighboring Gulf countries. Some of these migrants
could be subjected to trafficking. The conflict and lack of effective
government institutions have created serious challenges to monitoring
and investigating cases, prosecuting perpetrators, and protecting
victims. If confirmed, I would work closely with the Embassy team,
other donor countries, NGOs, civil society, and international
organizations to address trafficking in Yemen, including the treatment
of migrant workers. I firmly commit to ensuring that we portray the
trafficking situation in Yemen accurately.
Question. In the State Department's 2020 International Religious
Freedom report, Yemen was identified as lacking governmental and
societal respect for religious freedom. What is your assessment of this
particular issue and if confirmed, how will you work with the
Ambassador-at-Large to bolster religious freedom in-country?
Answer. The U.S. Government continues to promote religious freedom
in Yemen, engage with religious communities in the Yemeni diaspora, and
closely monitor the conditions of religious minority detainees in Yemen
and to press for their release. If confirmed, I would engage Yemeni and
regional officials to make clear U.S. expectations regarding the equal
treatment and protection of members of religious minority groups.
Question. To what extent to you see the Houthis as a threat to
Israel?
Answer. The Houthis are a threat to regional stability throughout
the Middle East. We know that Israel has expressed concerns publicly
that Houthi missiles could target Israel, and we take those concerns
seriously.
Question. What more can the U.S. do to address their antisemitism,
specifically we should be pressing the U.N. to condition educational
assistance on neutral, un-bias curriculum and educational assistance?
Answer. Houthi antisemitic slogans and efforts to incite violence
and hate are deplorable and must continue to be condemned. If
confirmed, I would stress to all educational programming partners our
expectations about the need to provide inclusive messages in
educational materials as well as ensure improved oversight and quality
control of those materials.
Question. In your opinion, what steps can the U.S. take to improve
our diplomats' ability to get outside the Embassy compound? How do you
intend to improve the ability of U.S. diplomats to better access all
local populations?
Answer. The U.S. Embassy compound in Sana'a has been closed since
2015, and U.S. diplomats work out of the Yemen Affairs Unit in Riyadh.
However, the safety of all U.S. Government personnel is paramount, and
the Department of State takes all necessary precautions in connection
with any travel into Yemen. We take security seriously while also
ensuring diplomats have the access to local populations necessary to
conduct diplomacy. Embassy teams have traveled to Yemen twice in the
last five months.
Question. What is your understanding of morale throughout the Yemen
Affairs Unit (YAU)?
Answer. I understand that YAU personnel are deeply committed to and
motivated by their work on challenging but important issues. If
confirmed, ensuring the morale and well-being of YAU staff would be
among my top priorities.
Question. How do you intend to improve morale at the YAU?
Answer. If confirmed, one of my first steps would be to assess the
needs of YAU staff. The pandemic has presented challenges to all of our
posts, and as we emerge from COVID-19, if confirmed, I look forward to
working with the staff at the YAU to ensure they have all the resources
necessary to meet the unique responsibilities of their jobs.
Question. How do you intend to create a unified mission and vision
at the YAU?
Answer. If confirmed, I would ensure that all members of our
mission are fully versed in President Biden's strategic objectives for
Yemen. Creating a unified mission and vision requires open
communication and a common understanding of our strategic objectives,
including to ensure that it remains consistent with our regional,
global and U.S. national security objectives.
Question. How would you describe your management style?
Answer. I believe in providing strategic guidance and direction and
empowering the members of my team, while creating an environment where
they can provide leadership with ideas and feedback to help drive
policy and management decisions.
Question. Do you believe it is ever acceptable or constructive to
berate subordinates, either in public or private?
Answer. No, it is never acceptable or constructive to berate
subordinates.
Question. How do you envision your leadership relationship with
your Deputy Chief of Mission?
Answer. A constructive, open, trusting working relationship between
an Ambassador and Deputy Chief of Mission is absolutely essential for
the successful functioning of any Mission. If confirmed, I look forward
to establishing such a relationship with my Deputy Chief of Mission,
and in particular ensuring that my Deputy Chief of Mission feels
empowered to provide frank assessments on all policy and management
issues and on my own performance and actions.
Question. If confirmed, what leadership responsibilities do you
intend to entrust to your Deputy Chief of Mission?
Answer. If confirmed, I would empower my Deputy Chief of Mission to
be the mission's ``chief operating officer,'' responsible for the day-
to-day management of all aspects of the mission, while also ensuring
that the Deputy Chief of Mission is my alter-ego on policy matters,
fully capable of covering for me as required.
Question. Do you believe that it is important to provide employees
with accurate, constructive feedback on their performances in order to
encourage improvement and reward those who most succeeded in their
roles?
Answer. I believe it is absolutely essential to regularly provide
personnel with constructive and accurate feedback on their performance.
Question. If confirmed, would you support and encourage clear,
accurate, and direct feedback to employees in order to improve
performance and reward high achievers?
Answer. I support direct feedback and if confirmed, would encourage
all personnel to provide clear, accurate and direct feedback. I also
regularly encourage recognizing high achievers with State Department
awards, including department-wide awards.
Question. What public diplomacy challenges does the U.S. face in
Yemen? How do you plan to address these?
Answer. Increasing anti-American sentiment in Houthi-controlled
media is a real challenge. I understand that our public diplomacy
efforts seek to highlight the damage the war has done to Yemen while
underscoring positive U.S. contributions. Conducting diplomatic
operations from outside of Yemen complicates our ability to undertake
typical public diplomacy programming. I understand the YAU has
developed a robust array of virtual programs, supplemented with in-
person programming implemented by partners. If confirmed, I would
continue to expand these efforts.
Question. What steps can the U.S. take to address the proliferation
of propaganda promoted by adversaries and strategic competitors in the
Middle East?
Answer. The State Department coordinates with the interagency to
address foreign disinformation and propaganda across the region.
Constant media engagements and messaging collaboration with partners
and allies are key to countering foreign state-sponsored disinformation
and propaganda in the Middle East and North Africa information space.
Embassies are also amplifying and deploying Department produced
counter-disinformation material. We also empower local voices to
identify, expose, and refute disinformation and propaganda by
generating their own original, high-quality, and fact-based research
and messaging.
Question. How do you balance the importance of Main State versus
the in-country mission when it comes to tailoring public diplomacy
messages for foreign audiences?
Answer. Our Washington and Mission-based press and public diplomacy
teams collaborate on a daily basis to ensure domestic and messaging to
foreign audiences is carefully coordinated. Washington-based
communicators share guidance with colleagues in the field and both
collaborate to ensure messaging is accurately tailored to local
contexts.
Question. If confirmed, do you commit to taking this threat
seriously? [for context: anomalous health incidents]
Answer. Yes. Any threat to the safety and security of personnel
must be addressed quickly and thoroughly. As Chief of Mission, it would
be my responsibility to ensure U.S. Government employees under my
security responsibility are able to perform their duties safely.
Question. If confirmed, do you commit to talking as openly as you
can to YAU personnel?
Answer. Yes., if confirmed I believe that open communication is
essential. As Chief of Mission, I would encourage transparency and open
communication, especially as it relates to the health and safety of
everyone at the YAU.
Question. Have you received a briefing on the anomalous health
incidents that have occurred to U.S. Government personnel around the
world, including at U.S. embassies and other diplomatic posts? If you
have not, and if you are confirmed, do you commit to receiving a
briefing on the incidents before you depart for your post?
Answer. I have not yet received a briefing, but commit to one
before my departure if confirmed.
Question. In the event of an anomalous health incident among your
Embassy personnel or eligible family members, do you commit to maintain
detailed records of the incident, and share the information with the
State Department and other embassies to contribute to the investigation
of how these attacks are affecting U.S. missions and personnel around
the world?
Answer. The Department's most serious commitment is to its people,
and it will not relent in ensuring that any personnel who fall ill
while in service to their country will get the help that they need. As
required by the National Defense Authorization Act, we will follow the
established procedures for collecting and disseminating information and
ensure that information regarding such incidents is efficiently shared
across relevant federal agencies in a manner that provides appropriate
protections for classified, sensitive, and personal information.
Question. Whether or not anomalous health incidents occur at your
Embassy, how will you work to restore and preserve morale that may be
lost due to the knowledge these attacks have been occurring at posts
around the world?
Answer. As Chief of Mission, if confirmed it would be my
responsibility to ensure U.S. personnel are fully informed and able to
perform their jobs safely.
__________
Responses to Additional Questions for the Record
Submitted to Steven H. Fagin by Senator Todd Young
Question. From your perspective, is a diplomatic solution to the
Yemen conflict feasible?
Answer. The only way to reach a durable resolution to the conflict
in Yemen is through a negotiated political agreement. There is no
military solution. If confirmed, I would support the Administration's
efforts to advance an inclusive, U.N.-led political process that also
addresses the underlying economic and humanitarian crises and leads to
accountability for human rights abuses and violations. To that end,
U.S. diplomatic efforts have helped build unprecedented international
consensus on the need for an immediate, comprehensive ceasefire and
political resolution. This is a complex set of problems, but not
insurmountable; we must continue to work at it tenaciously and with our
partners.
Question. Do you believe UNSCR 2216 properly reflects the current
context in Yemen? Will the new administration seek to modify this
UNSCR?
Answer. The administration is committed to exploring all possible
options, taking into consideration the timing, sequencing, and
ramifications of any new resolution. We continue to work with partners
in the region, U.N. Security Council members, and U.N. Special Envoy
Grundberg to advance the peace process. We continually evaluate whether
the framework for Yemen's political transition outlined in UNSCR 2216
(2015) provides the best basis for peace efforts. We strongly support
the targeted arms embargo and sanctions designations of UNSCR 2216
(2015) as key elements of the U.N. Yemen sanctions regime.
Question. How would you seek to engage with the U.N. Special Envoy,
Hans Grundberg, and what role do you believe the United Nations can
play in Yemen from a political perspective, leaving aside its important
humanitarian work?
Answer. The United States strongly supports U.N. Special Envoy for
Yemen Hans Grundberg and remains committed to supporting a U.N.-led
peace process to achieve an inclusive, durable resolution to the
conflict. The administration's efforts complement those of the U.N.
Special Envoy's. I understand U.S. Special Envoy for Yemen Tim
Lenderking works in lockstep with the U.N. Special Envoy, and if
confirmed, I would work with them to urge all parties to engage with
the U.N., with each other, and with civil society, without pre-
conditions towards achieving an immediate, comprehensive ceasefire and
political resolution of the conflict.
Question. How do you envision working alongside Special Envoy for
Yemen Tim Lenderking?
Answer. If confirmed, I look forward to working closely with
Special Envoy Lenderking to reach an inclusive, durable resolution to
the conflict in Yemen. Our responsibilities will not be the same,
however. If confirmed, I will be in the region full-time, serving as
the Chief of Mission for Yemen and leading the Yemen Affairs Unit
located at our Embassy in Riyadh, which oversees the totality of our
interests and efforts in Yemen. These include critical humanitarian and
development work, economic reform efforts, counterterrorism and
security cooperation, engaging with Yemeni and regional officials as
well as Yemeni civil society, and above all else, working to ensure the
safety and security of American citizens. SE Lenderking has been tasked
by the President with a dual mandate: to push for a diplomatic
resolution to the conflict and to mitigate humanitarian suffering in
Yemen.
Question. What would be the impact on diplomatic efforts if the
Houthis are re-designated a Foreign Terrorist Organization by the
Administration?
Answer. Recent Houthi behavior and increasingly destabilizing
actions certainly warrant consideration of a range of responses and the
President has been clear that a number of options are being explored.
Working in concert with our international partners, we need to send
clear messages to the Houthis to deescalate the situation and sit down
at the negotiating table. Our diplomatic efforts will continue to focus
on the Administration's commitment to an inclusive, durable resolution
to the conflict, which requires engaging with all parties in Yemen,
including the Houthis. However, we must not forget the very real
humanitarian consequences that a designation can entail.
Question. Do you believe the U.S. and our allies and partners
should do all we can to interdict weapons from Iran fueling the war and
humanitarian crisis in Yemen?
Answer. Yes. The Department will not relent in applying pressure on
those who perpetuate the conflict and the humanitarian crisis and
exacerbate the suffering of the Yemeni people. This includes
individuals linked to Iran's destabilizing transfer of weapons,
strategic advice, and logistical support to the Houthis. The United
States continues to disrupt these activities and has sanctioned
individuals, entities, and vessels related to international networks
used to facilitate the provision of millions of dollars' worth of funds
to the Houthis in cooperation with IRGC-Quds Force senior officials.
Question. How do you assess the effectiveness of U.N.-led efforts
to address the large-scale humanitarian needs throughout Yemen?
Answer. The U.N. is our largest operational partner in Yemen due to
its reliability and history operating there. We support U.N.-led
efforts across all sectors to reach those who need assistance most.
However, U.N.-led humanitarian efforts need more support from
international donors, as humanitarian needs worldwide are at an all-
time high. We must continue to urge all donor countries to do
everything they can to support the U.N. Humanitarian Response Plan so
that this work can continue.
Question. If confirmed, how would you seek to protect U.S.
interests in Yemen from a distance, including U.S.-sourced aid, aid
workers, and other humanitarian actors?
Answer. If confirmed, protecting U.S. interests would be one of my
top priorities. Strong, sustained advocacy with all stakeholders in
Yemen has helped to ensure that our implementing partners are able to
safely reach the most vulnerable, including the many Yemenis displaced
as a result of the conflict. If confirmed, I would continue leading
such advocacy. We are the single largest donor of humanitarian
assistance to Yemen, a position we are able to continue as a result of
years of trust and relationship-building with partners and local
authorities. I would lead my Country Team in consultation with
Washington to ensure that this extremely valuable work continues
unimpeded, making the best use of the taxpayer's dollar. We must also
continue working closely with key partners and international financial
institutions to support efforts to stabilize Yemen's economy and
address the underlying economic drivers of conflict to achieve a more
durable peace.
Question. From your perspective, what do you believe is the purpose
of the Houthi's latest escalatory attacks on the UAE?
Answer. Recent Houthi actions, including attacks on the UAE, are
just the latest in a series of reprehensible attacks targeting Yemen's
neighbors. There is no justification for these actions, and we must
continue working with partners to condemn them and make clear to the
Houthis such acts will not be tolerated. The UAE is home to over 60,000
U.S. citizens, and these threats to regional security are extremely
concerning. Houthi actions against our current and former Yemeni local
staff and our former Embassy compound in Sana'a are equally troubling.
All this in combination with the Houthis' military offensives indicates
they continue to pursue a military end to the conflict.
Question. Are their strikes against the Saudis and Emirates an
attempt to coerce these governments into accepting a political
settlement that divides Yemen?
Answer. Houthi attacks against Saudi Arabia and the UAE are an
unacceptable threat to regional security, including to the over 130,000
Americans who live in those countries. The administration's efforts
towards a political settlement to the conflict are in support of a
united Yemen. In contrast, the Houthis continue to pursue a military
end to the conflict, in blatant disregard of the suffering such
fighting causes for millions of Yemenis. The United States is working
with our partners to pressure the Houthis to stop such attacks and
engage seriously in U.N.-led political talks to end this war and hold
them accountable for human rights abuses.
Question. For their part, what are the Saudis and Emirates hoping
to achieve in Yemen now? Do they believe they can beat the Houthis?
What would such a victory look like?
Answer. The only durable solution to the conflict that will ensure
peace and security in the region is a negotiated, inclusive political
settlement among the Yemenis themselves that includes justice and
accountability for human rights abuses and violations. The United
States is working very closely with Saudi Arabia and the UAE to support
U.N.-led peace efforts to achieve such a political settlement.
__________
Responses to Additional Questions for the Record
Submitted to Steven H. Fagin by Senator John Barrasso
Question. What terrorist organizations are currently in Yemen?
Answer. The United States continues to prioritize counterterrorism
efforts by working closely with the Yemeni Government and regional
partners to counter threats from Al Qaeda in the Arabian Peninsula
(AQAP) and ISIS-Yemen, both U.S.-designated terror groups. We also
continue to take efforts against the activities in Yemen of other U.S.-
designated terrorist groups such as Hizballah and the Islamic
Revolutionary Guard Corps-Qods Force (IRGC-QF). These groups continue
to exploit the political and security vacuum created by the ongoing
conflict and threaten regional security.
Question. What is the current threat posed by AQAP and the Islamic
State in Yemen?
Answer. Counterterrorism operations, battlefield losses to the
Houthis, and internal divisions have degraded AQAP capabilities in
Yemen. The group, however, remains a significant threat to the region
and to the national security of the United States. A small ISIS
presence also exists in Yemen. We continue to actively monitor threats
emanating from Yemen and have resources and capabilities in the region
to address them. As Chief of Mission, I would continue to work closely
with the Yemeni Government and regional partner forces to degrade those
terrorist threats.
Question. How many Houthi leaders are currently sanctioned by the
United States? Which additional Houthi leaders should be reviewed for
sanctionable activities?
Answer. Twelve official Houthi political and military leaders are
currently designated by the United States under a variety of sanctions
authorities. In addition, the United States has sanctioned dozens of
prominent Houthi financiers and facilitators, including the February
23, 2022 designations of members of an international financial network,
led by Islamic Revolutionary Guard Corps-Qods Force and Houthi
financier Sa'id al-Jamal, that funds the Houthis' war against the
Government of Yemen. Last year, four Houthis were also designated under
the U.N.'s Yemen sanctions regime.
Question. Do you support the re-listing of the Houthis as a Foreign
Terrorist Organization?
Answer. Recent unacceptable Houthi behavior and increasingly
destabilizing actions certainly warrant consideration of a range of
responses, and the President has been clear that a number of options
are being considered. Working in concert with our international
partners, we need to send clear messages to the Houthis to deescalate
the situation and sit down at the negotiating table. Our diplomatic
efforts will continue to focus on the Administration's commitment to an
inclusive, durable resolution to the conflict, which requires engaging
with all parties in Yemen, including the Houthis. We will continue to
take into account the humanitarian consequences of any of our
designation decisions.
Question. What is the status of the U.S. Embassy compound in Yemen
and what property was seized?
Answer. The Houthis' egregious actions against our Yemeni local
staff and former Embassy compound in Sana'a are both deplorable and
unjustifiable and are an affront to the entire international community,
only further aggravating the conflict in Yemen. Unfortunately, the
Houthis still maintain a presence inside the compound in Sana'a. We do
not yet know the extent of what was taken; however, the standard
procedure when we evacuate from an Embassy is to destroy or remove all
classified material and disable or remove all classified systems. My
understanding is that the Embassy staff followed these procedures
before evacuating and sealing the former Embassy compound in Sana'a in
2015.
Question. How many Yemeni citizens, who previously worked for the
U.S. Embassy in Yemen, are currently being detained by the Houthis?
Answer. To my knowledge, there are eight current U.S. Embassy
Locally Employed Staff and five former staff who are still detained,
two of whom currently work for the U.N.
Question. What efforts has the United States taken to secure the
release of those individuals? [for context: detained LE Staff]
Answer. Special Envoy Lenderking and Charge d'Affaires Westley
continue to work tirelessly to secure the release of detained current
and former Locally Employed staff. At senior levels the Administration
raises this issue at every juncture within the U.N. Security Council
and other multilateral fora to garner consensus in public condemnation
of these actions. The administration appreciated the strong bipartisan
Congressional statement in November condemning these Houthi actions
against our Yemeni employees and Congress's ongoing support in securing
their safety.
Question. If confirmed, what would be your strategy to address this
issue? [for context: LES detainment]
Answer. If confirmed, I will lead efforts to ensure the Houthis
release unharmed all current and former U.S. employees who remain held,
end the harassment of our staff and restrictions on their movement,
vacate our former Embassy compound, and return all seized U.S.
Government property. We must continue to work closely with our partners
in the region to make sure the Houthis hear loudly and clearly that
these egregious actions seriously jeopardize the prospects for the
Houthis to ever be a part of a legitimate and internationally
recognized Government of Yemen.
Question. What is the current relationship between Iran and Yemen?
Answer. Iran's transfer of weapons, strategic advice, and
logistical support have enabled the Houthis to attack ships in the Bab
al-Mandab Strait and use both long-range missiles and drones to
threaten civilian targets inside Saudi Arabia and the UAE, including
the more than 130,000 Americans who live in the two countries. Iranian
support to the Houthis significantly increases the Houthis' ability to
threaten regional peace and security and emboldens Houthi hardliners
who continue to push for a military end to the conflict and avoid
serious engagement in political talks.
Question. What military assistance does Iran provide to the
Houthis?
Answer. Iran provides increasingly sophisticated weapons, strategic
advice, logistical support, and funds to the Houthis, which the group
has used to launch attacks against Saudi Arabia and the UAE, including
terrorist attacks threatening civilians and commercial sites. The
United States continues to disrupt this Iranian support through
maritime interdictions, export controls on U.S. origin items, and
targeted sanctions of individuals, entities, and vessels involved in
transferring these items to the Houthis.
Question. How much funding is provided to the Houthis from Iran?
Answer. Iran has provided tens of millions of dollars to the
Houthis. The United States continues to identify and disrupt these
efforts; over the past year, for example, the United States has
sanctioned key elements of an international financial network led by
IRGC-QF and Houthi financier Said al-Jamal that was responsible for
transferring tens of millions of dollars to the Houthis.
Question. How could the Houthi rebels benefit from the removal of
sanctions on Iran?
Answer. The President has been clear that the United States is
committed to ensuring Iran never acquires a nuclear weapon and to
countering the full range of Iran's destabilizing behavior. Because an
Iran with a nuclear weapon would make all these threats worse, the
President's strategy is to pursue a mutual return to full compliance
with the JCPOA to restrict Iran's nuclear program and provide a
stronger platform to address its destabilizing conduct. The U.S.
Government maintains a range of tools to combat terrorist financing,
and we will continue to use these to counter Iran's destabilizing
activities and support for terrorism. Additionally, our tools for
countering Iranian behavior are not limited to sanctions. Working with
our allies and partners in the region to counter and disrupt Iranian
threats, as well as using tools such as interdictions and export
controls, has been effective in countering this behavior, and we will
continue to expand our efforts in this area.
__________
Responses to Additional Questions for the Record
Submitted to Steven H. Fagin by Senator Ted Cruz
Question. Do you assess that Iran will use resources that flow from
a new agreement to finance Iran-supported forces in Yemen?
Answer. While Iran's use of its resources, from whatever source, to
support destabilizing activities in the region remains a matter of
serious concern, the greatest threat to peace efforts remains the
Houthis' intransigence, focus on a military victory, and willingness to
launch long range missiles and UAVs threatening civilian targets in
Saudi Arabia and the United Arab Emirates. The Department will not
relent in applying pressure on those who perpetuate the conflict, risk
civilian lives, worsen the humanitarian crisis, and seek to profit from
the suffering of the Yemeni people. This includes individuals linked to
Iran's destabilizing provision of weapons, funds, and military
expertise to the Houthis. These groups continue to exploit the
political and security vacuum created by the ongoing conflict and
threaten regional security. The United States coordinates closely with
our Gulf partners to amplify our efforts, and we will continue to act
to counter the full range of Iran's destabilizing activities regardless
of the outcome of talks in Vienna.
Question. Do you assess that Iran will use resources that flow from
a new agreement to finance terrorist groups, either in Yemen or in
other countries?
Answer. The administration is committed to ensuring Iran never
acquires a nuclear weapon, without regard to the source of Iran's
resources, and has stressed that diplomacy, in coordination with our
allies and regional partners, is the best path to achieve that goal.
The administration remains deeply concerned about Iran's actions across
a series of issues--including its support for terrorism, its ballistic
missile program, its destabilizing actions throughout the region, and
its abhorrent practice of using wrongfully detained U.S. citizens and
foreign nationals as political tools. Because an Iran with a nuclear
weapon would make all these threats worse, the President's strategy is
to pursue a mutual return to full implementation of the JCPOA to
restrict Iran's nuclear program and provide a stronger platform to
address its destabilizing conduct. The administration is committed to
use all the tools at its disposal to counter Iran's destabilizing
activities, to include limiting its ability to finance all groups that
work to destabilize the region or the world, and intercepting weapons
flows to these groups.
Question. Do you assess the Houthis are terrorists?
Answer. I understand the Department has revoked the Foreign
Terrorist Organization and Specially Designated Global Terrorist
designations of Ansarallah, sometimes referred to as the Houthis, due
to concerns over their potential effects on Yemen's fragile
humanitarian and economic situation. This included concerns voiced by
the U.N., humanitarian groups, and Members of Congress. The United
States has continued, however, through domestic authorities and U.N.
sanctions, to act against those who perpetuate the conflict and the
humanitarian crisis in Yemen, and commit abuses against civilians, and
seek to destabilize the situation for their own gain. This includes
Houthi terrorist attacks against Saudi Arabia and the UAE, which we and
the U.N. have condemned on multiple occasions.
Question. Do you assess that our regional allies consider the
Houthis terrorists?
Answer. The Houthis' deplorable attacks in Yemen and against
Yemen's neighbors warrant consideration of a range of responses, and
the President has been clear that a number of options are being
considered. Working in concert with our international partners,
including regional allies, we need to send clear messages to the
Houthis to deescalate the situation and sit down at the negotiating
table. Our diplomatic efforts will continue to focus on the
Administration's commitment to an inclusive, durable resolution to the
conflict and support of our regional allies.
Question. Do you assess that our regional allies want us to
reimpose the designations?
Answer. The only durable solution to the conflict that will ensure
peace and security in the region is a negotiated, inclusive political
settlement among the Yemenis themselves that includes justice and
accountability for human rights abuses and violations. The United
States is working very closely with Saudi Arabia and the UAE to support
U.N.-led peace efforts to achieve such a political settlement. The
United States is also working closely with our partners and regional
allies to promote accountability for the Houthis' deplorable behavior.
Question. Please describe the role played by Iran and the Houthis
in deepening the humanitarian catastrophe in Yemen.
Answer. The Houthis, with continued Iranian support, remain
intransigent and focused on their military offensive against Marib, and
on attacks threatening civilian targets outside Yemen in the United
Arab Emirates and Saudi Arabia. The Marib offensive is the single
biggest threat to peace efforts and is exacerbating an already-dire
humanitarian crisis, placing at risk the approximately one million
internally displaced persons who found refuge in Marib after escaping
fighting in other parts of the country. The Houthis also exacerbate the
humanitarian consequences of the fuel situation at Hudaydah port by
stockpiling fuel and manipulating fuel prices, driving up the cost of
fuel far beyond the reach of most Yemenis. In addition, the Houthis
continue to interfere in the delivery of humanitarian aid.
Question. Please assess the degree to which the Biden
administration's decision to lift terrorism sanctions against the
Houthis and their leaders has enhanced the ability to provide
humanitarian relief to Yemeni civilians in general.
Answer. I understand that the Biden administration revoked the
terrorism designations of Ansarallah, sometimes referred to as the
Houthis, in recognition of the dire humanitarian situation in Yemen.
The administration listened to concerns voiced by the United Nations,
humanitarian groups, and bipartisan members of Congress, among others,
regarding potential impacts the designations could have had on Yemenis'
access to basic commodities. I understand that the short time that
passed between the designations and the revocations limited the impact
the designations could have had on humanitarian assistance and
commercial imports. According to U.N. data, food and other humanitarian
assistance items are now moving through Yemeni ports at normal rates.
Question. Please assess the degree to which the Biden
administration's decision to lift terrorism sanctions against the
Houthis and their leaders has enhanced the ability to provide
humanitarian relief to Yemeni civilians in Marib.
Answer. The short time that passed between the designations and the
revocations limited the impact that designations could have had on
humanitarian assistance and commercial imports in Marib. Humanitarian
assistance has been especially critical in Marib, where the escalation
of hostilities has caused additional needs and secondary displacement.
The lifting of sanctions has helped ensure uninterrupted commercial
food supplies and the safe delivery of life-saving food, emergency
shelter, water, and sanitation and hygiene supplies, as well as
essential non-food items, such as blankets and water containers.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Erin Elizabeth McKee by Senator Robert Menendez
Displacement in Ukraine
Question. Ukraine's people are facing an ever-worsening
humanitarian crisis that has sent more than 1 million refugees into
neighboring countries. Most USAID mission countries have expressed
interest to help in hosting families and sending help.
How will you work to coordinate these multilateral efforts? Are
there ways to leverage this moment of openness to refugees in
order to secure more effective and humane refugee policies in
countries where USAID has missions?
Answer. Countries neighboring Ukraine have demonstrated enormous
generosity in their response to the refugee crisis stemming from
Russia's unprovoked and unjustified invasion of Ukraine. I understand
that USAID has been working closely with the U.N., NGO partners and
European counterparts to monitor humanitarian needs in Ukraine and
neighboring countries, while coordinating our response efforts.
Administrator Samantha Power visited Poland and Brussels in the first
week of the crisis and I am aware that she has continued to closely
coordinate with officials from Ukraine, the EU, partners in the region,
and international organizations on the humanitarian response. If
confirmed, I will seek to build on this effort by working closely with
USAID's Bureau for Humanitarian Assistance and the State Department
Bureau of Population, Refugees and Migration to fully leverage all
available resources from neighboring countries and allies to meet the
needs of conflict-affected Ukrainians, internally displaced
populations, and refugees.
Vulnerable Groups in Ukraine
Question. The Russian Federation has a history of targeting
vulnerable populations, including Jehovah's Witnesses, Tatars, and
dissident groups. I am concerned that they will do the same in Ukraine
if their invasion is successful, and that many from these groups will
be forced to join those who have already fled the country.
How would you approach designing and managing programming to
support groups historically persecuted by the Russian
Federation, both who remain in Ukraine and who have fled to
countries like Poland, Moldova, Romania, Hungary, and Slovakia?
Answer. I share your concern that marginalized groups face
increased risk of persecution by the Russian Federation. There are
already signs of human rights violations by Russian forces and it will
be critical to monitor and document these abuses. I understand that
USAID supports organizations in Ukraine that work with vulnerable
populations, including members of the LGBTQI+ community, persons with
disabilities, religious and ethnic minorities. I am also aware that
USAID programs have been helping to provide assistance to these
vulnerable groups, and facilitating the ability for many to safely exit
Ukraine. If confirmed, I commit to prioritizing efforts to protect
vulnerable groups both within Ukraine and those who have fled to
neighboring countries.
Anti-Corruption Efforts
Question. Administrator Power has highlighted anti-corruption
efforts as a top priority for USAID. During her trip to Bosnia and
Herzegovina in January, Administrator Power highlighted that, despite
progress towards Euro-Atlantic integration in the Western Balkans,
corruption remains rampant in the region.
How would you work to further Administrator Power's objective to
combat corruption in conjunction with efforts to promote Euro-
Atlantic integration?
Answer. Endemic corruption is one of the most intractable
challenges in the Western Balkans and across the wider region.
Corruption serves as a point of entry for foreign malign influence,
corrodes the development gains countries in the region have made in the
past three decades, and hinders further progress towards Euro-Atlantic
integration. I understand that USAID is supporting the Biden-Harris
administration's Anti-Corruption Strategy in the region through several
lines of effort by piloting innovative approaches. I understand one of
these innovative approaches is the Reporters' Liability Fund, which
provides defense coverage and legal resources to journalists threatened
with vexatious lawsuits. If confirmed, I pledge to make combating
corruption in the Western Balkans and further progress on Euro-Atlantic
integration a top priority of mine and commit to providing you with
regular updates on our progress towards that goal.
Armenia
Question. Armenians continue to grapple with the human costs of the
2020 Nagorno-Karabakh War on a daily basis. USAID assistance to Armenia
should continue and expand support for the humanitarian needs of the
90,000 displaced people uprooted by the war in Nagorno Karabakh.
As worldwide humanitarian demands skyrocket, how will you
prioritize helping those displaced by the Nagorno Karabakh War?
Answer. I understand that USAID provided $2.5 million in
humanitarian assistance in response to the conflict, which included
cash assistance to displaced persons, and in-kind assistance to host-
family households. If confirmed, I commit to working with USAID's
Bureau for Humanitarian Assistance who are closely following the needs
of the displaced. I will also seek opportunities, if confirmed, to help
build constructive cross-border interaction and cooperation as the
basis for peace and stability across the South Caucasus.
Democratic Backsliding
Question. As Ukrainian people bravely fight Vladimir Putin's
illegal invasion they inspire support from a growing wave of democratic
voices across Europe. This growing wave undoubtedly worries
authoritarians and illiberal voices as they scramble to find ways to
solidify their established power structures. We see this happening with
Milorad Dodik in Bosnia and Herzegovina and Alexander Vucic in Serbia.
We also see positive signals with people in all non-EU countries
encouraging their governments to take clear sides in a push to join the
European family.
How do you plan to adjust USAID's strategies in this historic
moment to solidify democratic gains throughout the Balkans and
Eastern Europe as the world rejects the kleptocratic
authoritarianism of Vladimir Putin?
Answer. Russia's unprovoked and premeditated invasion of Ukraine
presents a grave threat to democracy, freedom, and development progress
across Europe and Eurasia. I believe that USAID's efforts to help build
more prosperous and more democratic countries in the region are more
vital than ever. I have seen firsthand during my career in the foreign
service that the agency has a robust range of tools to promote
democracy and governance and solidify democratic gains. If confirmed, I
intend to focus on strengthening the institutions and processes in
sectors that are foundational to democratic resilience, including a
vibrant civil society, strong independent media, rule of law, free and
fair elections, and transparent and accountable governance. There are
some very positive foundations upon which to do so in Europe and
Eurasia and I look forward to bolstering these efforts, if confirmed.
Question. What concrete steps can USAID take to cut the corrupt
support web of Vladimir Putin by working with its missions in Europe?
Answer. If confirmed, I will seek to ensure that USAID further
leverages its resources to target the Kremlin's corrupt networks. For
example, USAID programs can work to further promote financial
transparency to limit Moscow's ability to funnel money through the
region and support investigative journalism to expose and disrupt the
Kremlin's illicit financial operations. I will also work closely, if
confirmed, with USAID's Anti-Corruption Task Force and our interagency
partners to identify new opportunities to expand our capabilities and
impact in this area.
Energy Security
Question. Global support for sanctioning Russian oil and gas has
never been stronger, as Russia continues to escalate its aggression
towards Ukraine and threatens to cut off supplies to Europe. Given that
almost 40 percent of total European gas consumption comes from Russian
imports, this conflict has severe implications for European energy
security.
How will you work within the Bureau to promote European Energy
Security by supporting projects like the Eastern Europe Natural
Gas Development Partnership? What other projects would you
prioritize?
Answer. As we watch the Kremlin utilize its energy leverage to
manipulate our European allies and partners, we must do more to attract
further investment and diversify supply. I understand that USAID is
assisting countries in developing market rules and energy policy
frameworks aligned with European standards. My understanding is that
through the Eastern Europe Natural Gas Partnership, USAID collaborated
with the United States Energy Association and regional natural gas
transmission system operators to develop Eastern Europe's first
regional pipeline planning model. I also understand that USAID partner
countries are using the regional model to forecast the financial
viability and technical requirements of their infrastructure projects
focused on diversifying energy supply. If confirmed, I commit to
continuing this important work to help bring greater energy security to
Europe and Eurasia.
Question. In your efforts to address European energy security, how
will you balance increased demand for energy and the dire need to
decarbonize?
Answer. In my view, the Biden-Harris administration's climate
change goals and USAID's efforts to advance the region's energy
security are closely connected. Energy diversification and market
integration, including the incorporation of more renewable energy
sources, are critical to both the clean energy transition and advancing
the region's energy security. I understand that USAID is working to
diversify sources of energy supply in the region. In countries that
predominantly have gas as their energy source and who are largely
dependent on Gazprom, I understand that USAID helps partners open the
market to alternative suppliers to limit Gazprom and the Kremlin's out-
sized influence. At the same time, I understand USAID is working to
expand the share of renewables in the energy generation profile across
the region to reduce dependence on high-emitting coal-fired power
plants. If confirmed, I commit to assisting our partners in the Europe
and Eurasia region with advancing the clean energy transition,
combating climate change, and improving energy security.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Erin Elizabeth McKee by Senator James E. Risch
Waste, Fraud, and Abuse
Question. If confirmed, will you commit to upholding a zero
tolerance policy for waste, fraud, and abuse in the U.S. foreign
assistance programs under your purview?
Answer. Yes, I commit to upholding a zero tolerance policy for
waste, fraud, and abuse in the U.S. foreign assistance programs under
my purview, if confirmed.
Question. If confirmed, will you also uphold a zero tolerance
policy for USAID staff and implementing partners under your management
responsibility who engage in the sexual exploitation and abuse of the
communities and individuals they are meant to serve?
Answer. Yes, I pledge to uphold a zero tolerance policy for sexual
harrassment and sexual exploitation for all USAID staff and
implementing partners under my management responsibility, if confirmed.
Question. If confirmed, will you commit to ensuring full and
complete compliance with all U.S. law prohibiting the use of U.S.
foreign assistance to perform or promote abortion as a method of family
planning, support involuntary sterilizations, or lobby for or against
the legalization of abortion overseas?
Answer. Yes.
Question. If confirmed, will you commit to providing timely,
accurate, and complete responses to questions and requests raised by
the members and staff of the Senate Foreign Relations Committee,
including its minority members?
Answer. Yes.
Material Support
Question. The United States has strict laws prohibiting the
provision of material support to designated foreign terrorist groups.
If confirmed, will you commit to ensuring that all USAID staff and
implementing partners under your management responsibility
strictly adhere to all relevant material support laws,
regulations, policy directives, and vetting requirements?
Answer. Yes.
Question. If confirmed, what measures will you seek to put in place
to ensure not only that all contracts and agreements contain the
required material support clauses, but also that adherence is closely
monitored and transparently reported to Congress?
Answer. I understand that compliance with federal contracting
requirements is a priority of USAID, and if confirmed, I will work
closely with staff and my counterparts in the USAID Management Bureau's
Office of Acquisitions and Assistance to ensure that our acquisitions
and assistance is conducted in full compliance with all applicable laws
and regulations, and that monitoring and reporting are conducted in an
efficient, timely, and transparent manner.
Question. If confirmed, will you commit to working with the
Department of Justice, the Department of Treasury, and the Department
of State to eliminate ambiguity and ensure that USAID's implementing
partners, including USAID's humanitarian assistance partners, have
clear guidance on what constitutes material support, how to identify
intentional and incidental breaches, and how to respond?
Answer. Yes.
Country and Regional Programs
Question. At just over $635 million in FY2020 (actual), the non-
security U.S. foreign assistance budget for Europe and Eurasia has been
comparatively small.
If confirmed, what will be your top foreign assistance priorities
for Europe and Eurasia?
Answer. If confirmed, I will have the great privilege and
responsibility of leading the USAID Bureau for Europe and Eurasia
during a time when the stakes are extremely high. Responding to the
crisis caused by Russia's unprovoked and premeditated invasion of
Ukraine, including the reverberations felt among neighboring countries,
would be my top foreign assistance priority. If confirmed, I would also
seek ways to sharpen USAID's focus on countering efforts to undermine
democratic institutions and the rule of law, stymying the manipulation
of information, reducing energy vulnerabilities and dependencies, and
expanding economic opportunities.
Question. What options does USAID have to provide humanitarian
assistance and support democratic voices in Ukraine following Russia's
unprovoked and illegal invasion?
Answer. USAID has employed a Disaster Assistance Response Team
based in Poland that is working closely with our European allies and
partners to meet critical needs caused by Russia's invasion of Ukraine.
I'm also aware that USAID is providing food, safe drinking water,
shelter, emergency health care, and much-needed household supplies to
communities and displaced people in need where security conditions
allow. I am committed to addressing the immediate humanitarian needs of
the Ukrainian people and, if confirmed, will work in close coordination
with my colleagues at USAID, the interagency, our European allies and
partners, and with Congress, to respond to the devastating effects of
Russia's unprovoked and unjustified attack on Ukraine.
I'm also aware that USAID continues to support democratic voices in
Ukraine including through Ukraine's Center for Strategic
Communications, which analyzes Russian disinformation narratives and
rapidly produces content to counter them. These types of efforts are
critical for countering Russia's efforts to silence or undermine
Ukraine's democratic voices. If confirmed, I will continue to
prioritize programs that lift up democratic voices inside and outside
Ukraine and to safeguard the democratic gains the Ukrainian people have
worked so hard to achieve.
Question. If confirmed, will you work closely with USAID's Bureau
for Humanitarian Assistance to ensure a seamless transition from
emergency response to early recovery in Ukraine, as conditions allow?
Answer. Throughout my career in the foreign service, I have seen
firsthand USAID's ability to have a meaningful impact in conflict
settings and support recovery efforts post-conflict. If confirmed, I
look forward to overseeing such efforts in Ukraine, working closely
with colleagues in the Bureau for Humanitarian Assistance, and to a
continued dialogue with you on this issue.
Question. Where do the Balkans fit into your priorities for
assistance?
Answer. If confirmed, USAID assistance to the Balkans would be a
top priority. While countries in the Balkans, with USAID's support,
have made considerable progress on their stated goal of Euro-Atlantic
integration, these gains must be solidified and maintained. Foreign
malign actors, particularly the Kremlin and the People's Republic of
China, are actively working to undermine democratic and development
progress in the Balkans. In my view, USAID assistance must be
responsive to the threats posed by foreign malign actors, strengthen
the institutions and processes in sectors that are foundational to
democratic resilience, and expand economic opportunities.
Question. What concrete actions will you take as Assistant
Administrator to push partner countries in Europe and Eurasia to reform
their systems and crackdown on corruption?
Answer. I share your concern that USAID partner countries in Europe
and Eurasia need to take additional measures to fight corruption and
pass key reforms in order to promote prosperity, democracy, and Euro-
Atlantic integration. The corrosive impact of corruption undermines
national security and the rule of law, stunts development and equitable
economic growth, and saps our partner governments of legitimacy,
eroding faith in democracy itself. I understand that USAID is
supporting the Biden-Harris administration's Anti-Corruption Strategy
in the region through several lines of effort by piloting innovative
approaches. I understand that one such effort is the Reporters'
Liability Fund, which provides defense coverage and legal resources to
journalists threatened with vexatious lawsuits. If confirmed, I will
work with USAID to ensure the success of these programs and the
sustainability of their outcomes, support the voices of anti-corruption
activists and reforms by committed leaders, within and across the
region.
europe and eurasia
General
Question. Understanding that you are not yet at USAID and have not
yet been fully read-in, what is your understanding and assessment of
USAID's current priorities across the Europe and Eurasia region?
Answer. I understand that USAID's immediate priority for the region
is responding to the crisis caused by Russia's unprovoked and
unjustified invasion of Ukraine, including the reverberations felt
among neighboring countries. I am also aware that USAID has a
Countering Malign Kremlin Influence Development Framework which is a
tool that helps orient and target resources toward the challenge of
foreign malign influence. Additionally, I understand that USAID is
taking on a range of other challenges and opportunities in the region,
including countering democratic backsliding and rising
authoritarianism, expanding economic opportunities, forging stronger
trade linkages to Western countries, building energy security,
countering disinformation, addressing the COVID-19 pandemic and its
aftermath, and fighting endemic corruption.
Question. At what point do you believe that USAID offices should be
closed in countries that have made marked progress in their political
and economic development?
Answer. I understand that USAID has for some time diligently
considered the question of when to phase out work in countries that
have made sufficient development progress. I have also been briefed
that the Bureau for Europe and Eurasia has an analytical unit for
Monitoring Country Progress, which leverages a wide range of data and
surveys to assess levels of development progress. If confirmed, I will
look to utilize and continue to improve these analytical tools to make
an empirically-based determination on the level of progress a
particular country has made and whether such progress warrants
consideration of a change to USAID's posture. If confirmed, I commit to
consulting with Congress prior to undertaking any major programmatic or
footprint changes in the region, if confirmed.
Question. Are there any thresholds that should be passed, or should
such a decision be made as circumstances change?
Answer. It is my understanding that USAID, in coordination with the
Department of State and the interagency, conducts ongoing assessments
of regional and Agency priorities based on changing circumstances on
the ground, and conducts regular evaluations of programs and
development strategies. As a best practice, USAID should always be
poised to flexibly respond to changing circumstances, opportunities,
and constraints, to ensure we effectively utilize taxpayer dollars. I
also believe that consistent consultation with Congress and all key
stakeholders is critical to making sound, informed decisions regarding
USAID's posture and footprint in the region. If confirmed, I look
forward to engaging with you and your staff on these matters.
Question. To be more specific, what do you think are the best means
of lessening a given country's reliance on USAID, and when such
mechanism should be used?
Answer. I believe that the best means of reducing a country's
reliance on USAID assistance is to ensure that our partner countries
pursue and implement reforms that align with the principles of open,
democratic, and responsive governance, and market-based and transparent
economic development. I'm aware that USAID works tirelessly to ensure
that programs promote these development principles and I look forward
to supporting these efforts, if confirmed.
Ukraine
Question. The humanitarian situation in areas attacked and occupied
by Russian forces, as well as in areas faced with an influx of refugees
and IDPs, continues to deteriorate. This crisis requires a massive
immediate response and will necessitate a long term strategy as
hostilities continue and even after they stop.
If confirmed, what will be the first actions you take to respond to
the humanitarian crisis facing the Ukrainian people?
Answer. I understand that USAID has a Disaster Assistance Response
Team based in Poland that is working closely with our European allies
and partners to meet critical needs caused by Russia's invasion of
Ukraine. I'm also aware that USAID is providing food, safe drinking
water, shelter, emergency health care, and much-needed household
supplies to communities and displaced people in need where security
conditions allow. If confirmed, I am committed to addressing the
immediate humanitarian needs of the Ukrainian people and will work in
close coordination with my colleagues at USAID, in the interagency, our
European allies and partners, and with Congress, to bolster the U.S.
Government's response to the devastating effects of Russia's unprovoked
and unjustified attack on Ukraine.
Question. How will you support and facilitate the response to the
growing refugee situation in Poland, Slovakia, Romania, Hungary, and
Moldova, as well as in other countries to which refugees may travel?
Answer. Russia's unprovoked and premeditated attack on Ukraine has
already forced more than 1.3 million refugees to leave Ukraine. In
addition, current estimates indicate that well over 160,0000 Ukranians
have been displaced internally due to the violence propagated by the
Kremlin. I understand that USAID, along with the State Department's
Bureau for Population, Refugees, and Migration (PRM) are leading the
humanitarian response on the ground and working closely with partners
across the U.S. Government and our allies to address this crisis. I
further understand that USAID is leading humanitarian assistance
efforts for internally displaced persons in Ukraine while also
providing food to refugees. State PRM is the lead agency for non-food
assistance to refugees. According to projections, the numbers of
refugees and IDPs is likely to increase dramatically. If confirmed, I
pledge to work closely with colleagues at USAID, State, and the
interagency to ensure we are effectively coordinating our assistance
efforts. If confirmed, I pledge to consult early and often with
Congress, which has a crucial role to play in the success of the United
States' response to Russia's invasion of Ukraine.
Question. Should Russia's war against Ukraine drag on for months or
years, what actions do you believe USAID should take to assist the
Ukrainian people in need? What do you anticipate will emerge as long-
term needs?
Question. While we do not yet know how long this conflict will
endure or the extent of its impact, I believe that USAID--along with
our allies--must remain committed to the people of Ukraine both by
providing for their immediate humanitarian needs and supporting their
longer term aspirations for peace, prosperity, and democracy. USAID has
already demonstrated its ability to quickly pivot existing programs to
meet evolving needs on the ground. For example, I understand that
through long-established partnerships with regional and local
governments, USAID has supported civil preparedness efforts by helping
local authorities respond to mass population movements, communicate
with its citizens, and repair small infrastructure. I am also aware
that USAID continues to review all of its programming to identify how
to safeguard our investments and sustain these programs where possible,
and most importantly, how to protect the safety of its staff and
partners. Throughout my career in the foreign service, I have seen
firsthand USAID's ability to have a meaningful impact in conflict
settings and support recovery efforts post-conflict. If confirmed, I
look forward to overseeing such efforts in Ukraine and to a continued
dialogue with you on this issue.
Question. Should Russia's war against Ukraine drag on for months or
years, what actions do you believe USAID should not involve itself in?
Answer. I believe USAID should remain focused on its humanitarian
and development mandate of supporting the aspirations of the people of
Ukraine for a democratic, prosperous, healthy, peaceful, and
independent future. If confirmed, I look forward to joining in these
efforts to working closely with our European allies and partners,
interagency colleagues, and Congress, all of whom have a critical role
to play in responding to Russia's unprovoked and premeditated attack on
Ukraine.
Western Balkans
Question. The Western Balkans still face many of the ethnic
divisions and political challenges as a result of the wars and crimes
against humanity during the breakup of Yugoslavia.
If confirmed, what actions will you take to advance efforts toward
reconciliation, stability, political and ethnic relations, and
anti-corruption?
Answer. I understand that USAID's assistance in the Balkans is
addressing the intractable and intersecting problems which prevent the
countries of the region from progressing towards greater Euro-Atlantic
integration, including foreign malign influence, endemic corruption,
youth brain drain, and the devastating impact of the pandemic on the
economy. I understand that USAID's reconciliation programming across
the Western Balkans includes people-to-people activities that bring
together ethnic communities to foster organic communication and promote
multi-ethnic social exchanges. If confirmed, I look forward to
supporting these efforts, which are essential to building stability,
peace, prosperity, and democracy to the region.
Question. The State Department has a number of experienced
diplomats implementing a strategy for stability and reform in the
Western Balkans. How do you plan to coordinate your efforts with your
regional counterparts at the State Department?
Answer. I understand that USAID coordinates all of the agency's
activities to complement the State Department's important diplomatic
work, including USAID's ongoing support for the EU-facilitated dialogue
between Serbia and Kosovo. If confirmed, I commit to continuing our
close collaboration with the State Department on USAID's assistance
efforts in the region.
USAID Missions in crisis zones
Question. We have had concerns about the risks that USAID teams
have faced in countries like Belarus and Ukraine. Hostile governments
and military operations have necessitated the evacuation and relocation
of teams in the recent past, and USAID teams need emergency protocols
for future situations.
If confirmed, do you commit to devising comprehensive plans for
USAID missions to evacuate, relocate, and (if feasible)
transition to remote operations outside of the given country?
Answer. I agree that the U.S. Government is responsible for
ensuring the safety and security of these dedicated Americans and local
staff working in our embassies abroad. As the U.S. Ambassador to the
Independent State of Papua New Guinea, to the Solomon Islands, and to
the Republic of Vanuatu, and as a career foreign service officer, I
understand the risks that exist to the safety and security of Embassy
staff and personnel. If confirmed, I commit to working closely with
USAID's Office of Security and the State Department to ensure there is
extensive planning in place to safeguard all USAID personnel serving in
USAID missions in Europe and Eurasia and our programs.
Anomalous Health Incidents
Question. Have you received a briefing on the anomalous health
incidents that have occurred to U.S. Government personnel around the
world, including at U.S. embassies and other diplomatic posts? If you
have not, and if you are confirmed, do you commit to receiving a
briefing on the incidents before you depart for your post?
Answer. As a sitting U.S. Ambassador, I am aware of the anomalous
health incidents that have occurred to U.S. Government personnel around
the world, including at U.S. embassies and other diplomatic posts. If
confirmed, I commit to receiving a briefing on any incidents involving
the Europe and Eurasia region and to ensuring that the Agency takes all
measures necessary to keep our personnel and partners safe from any
threats.
Question. In the event of an anomalous health incident among your
Embassy personnel or eligible family members, do you commit to maintain
detailed records of the incident, and share the information with the
State Department and other embassies to contribute to the investigation
of how these attacks are affecting U.S. missions and personnel around
the world?
Answer. Yes, I commit to maintaining detailed records and working
with the State Department and relevant other entities on any anomalous
health incident, if confirmed. The safety and security of our personnel
is my highest priority.
Question. The past occurrences and ongoing threat of anomalous
health incidents among Embassy personnel and their families poses a
serious challenge to morale. When personnel at post fear for their
safety or doubt that their case will be taken seriously if they were
affected, the performance of Embassy operations can suffer. Whether or
not anomalous health incidents occur at your Embassy, how will you work
to restore and preserve morale that may be lost due to the knowledge
these attacks have been occurring at posts around the world?
Answer. If confirmed, I commit to sharing information, productive
dialogue, and coordination with the State Department to ensure the
safety and security of our personnel. I also understand that USAID has
a Staff Care unit which directly assists our personnel and facilitates
their access to professional services that may be needed. If confirmed,
I pledge that restoring and preserving morale both in Washington and in
USAID missions overseas will be among my top priorities.
Chinese Influence
Question. Chinese has sought to expand its influence in Europe
through politics, business and investment, including through the Belt-
and-Road Initiative. Predatory business practices and flagrant human
rights violations mean Chinese influence poses a risk to healthy
development in Europe.
If confirmed, what will you do to confront Chinese influence in
Europe?
Answer. I share your concern about the growing influence of the
People's Republic of China in Europe and Eurasia. I understand that
USAID is helping partner countries identify viable investments that do
not require them to sacrifice their long-term interests in favor of
short-term gains. If confirmed, I would reassure our partner countries
that there is an alternative to Chinese debt dependency, digital
authoritarianism, misinformation, and strong-arm tactics. I will also
work with host country partners and our allies, if confirmed, to secure
mutually beneficial investments, connectivity, peace, security and
development impact, with high quality results that will be sustained
and endure.
Question. What are the greatest risks to development posed by
Russian influence in Europe?
Answer. I believe that malign influence--and aggression--from the
Kremlin is the most pressing threat to development in the region. I
have been briefed on USAID's development framework for responding to
malign Kremlin Influence, which positions USAID to counter this grave
and complex threat to development across the region. If confirmed, I
will seek to ensure that USAID further leverages its resources to
target Kremlin corrupt networks. For example, USAID programs can work
to further promote financial transparency to limit Moscow's ability to
funnel money through the region and support investigative journalism to
expose and disrupt the Kremlin's illicit financial operations. If
confirmed, I will also work closely with USAID's Anti-Corruption Task
Force and our interagency partners to identify new opportunities to
expand our capabilities and impact in this effort.
Question. What are the greatest risks to development posed by
Russian influence in the Western Balkans?
Answer. Russia has sought to expand its foothold in the media
sector, its leverage in the energy sector, its economic power, and its
influence with political leaders who have cultivated positive relations
with the Kremlin in order to advance their own political fortunes. The
endemic corruption of the region has also left an open door to
expanding Kremlin influence. This challenge has been particularly
pronounced in the Western Balkans, where Moscow can exploit historical,
cultural, and religious affinities, longstanding networks and economic
ties, and protracted socio-political fractures to its benefit. If
confirmed, I commit to continuing to support USAID's approach to
addressing the Kremlin's growing influence in the Western Balkans.
Question. What tools does USAID have to guide underdeveloped
European economies away from Chinese economic investment?
Answer. My understanding is that USAID is helping partner countries
identify viable investments that do not require them to sacrifice their
long-term interests in favor of short-term gains. For example, I
understand that USAID helps build the institutional capacity of partner
governments to identify and avoid unfair business practices and apply
international procurement practices. If confirmed, I would reassure our
partner countries that there is an alternative to Chinese debt
dependency, digital authoritarianism, misinformation, and strong-arm
tactics. If confirmed, I commit to continuing and expanding upon
USAID's approach, which emphasizes choice, self-determination, and
mutually beneficial investments.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Erin Elizabeth McKee by Senator Jeanne Shaheen
Question. The Balkans is often cited as the ``soft underbelly'' of
Europe and the hearing underscored just how vulnerable the region can
be to malign influences. Russia has not hidden its malicious agenda to
sow discord and division. As a result, Serbia has remained neutral on
Russia's war on Ukraine, and on Monday, Russian Foreign Minister Lavrov
called Republika Srpska leader Dodik.
Ambassador McKee, how will you approach the Balkans region to
ensure that USAID's funding can contribute to the long-term
success of the region? In particular, how does your programming
engage youth and provide them opportunities for employment and
a prosperous future? Is our assistance to the region currently
structured in a way to meet our strategic goals and at
appropriate levels to do so?
Answer. I agree that USAID assistance efforts in the Balkans should
prioritize engaging with young people, too many of whom do not see a
promising future for themselves in the region and as a result, are
taking their skills and talent to other countries. I understand that
current USAID programs in the Balkans are targeted on combating endemic
corruption, creating more job opportunities, and the need to prepare
young people for the workforce in order to combat the trend of young
people leaving the region. As a leading advocate for the United States'
role and leadership in the Balkans, and I would welcome the opportunity
to work closely with you, if confirmed, on sharpening the focus of
USAID's programs in the Balkans.
Question. I just returned from a Congressional delegation to Poland
with Senators Coons and Durbin. As part of that trip, I had the
opportunity to meet with members of the Belarus pro-democracy movement
who are undertaking inspiring efforts to continue pushing for a free
and democratic Belarus.
Now that we have closed our diplomatic presence in Belarus, how
will USAID pivot its remaining projects in Belarus to continue
supporting a free and independent media, a vibrant civil
society and a democratic Belarus?
Answer. Despite the Government of Belarus' efforts to stifle pro-
democracy voices, I understand that USAID continues to provide
assistance to the pro-democracy movement in Belarus. I believe that
USAID should continue to support the democratic aspirations of the
increasing number of exiled Belarusians, while still working with local
partners where possible. If confirmed, I look forward to keeping you
abreast of USAID's on-going efforts to assist civil society and a free
and independent media in Belarus, both of which are critical lines of
effort.
Question. While we call out the unprovoked aggression of Putin, it
must be known that we are not at war with the Russian people. Putin is
escalating his crackdown on the independent media and civil society
groups. At the same time, Russia continues its disinformation efforts,
spreading lies within and outside Russia.
If confirmed, how will you reconsider our strategy to continue our
support to the Russian people, particularly the independent
media and civil society? How do we effectively combat Russian
disinformation? How is USAID collaborating with the State
Department on this problem?
Answer. I agree that it is important to distinguish between the
people of Russia and the Russian Federation. There are many Russian
citizens showing remarkable courage and bravery by protesting the
invasion of Ukraine in the streets of Moscow. I understand that through
creative initiatives, USAID provides support to local, independent
voices, media outlets and practitioners, and civil society
organizations. As the Kremlin implements even harsher and more
repressive measures inside Russia, I will, if confirmed, assess how
USAID assistance can be most impactful and effective given the evolving
situation.
Answer. I also understand that USAID staff working on countering
Kremlin disinformation regularly meet with their counterparts at the
State Department to discuss program design and share best practices.
These efforts are also geared towards making sure USAID and State are
avoiding duplication of efforts so that we can most effectively utilize
the funds provided by Congress to counter the lies and false
information spread by the Kremlin. If confirmed, I will seek ways to
build upon the close coordination between USAID and the State
Department around these critical efforts.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Erin Elizabeth McKee by Senator Mitt Romney
Question. The Russian invasion of Ukraine has precipitated a
humanitarian catastrophe that will likely worsen as the Russian
military continues to target innocent civilians, population centers,
and critical infrastructure. One million Ukrainians have already been
forced to flee their homes as refugees, with potentially millions more
to follow. What's more, I remain concerned that Russia could conduct a
siege of major cities, starving the populations. If confirmed, you will
oversee USAID's foreign assistance efforts in Europe and Eurasia,
including Ukraine.
If confirmed, how will you plan to lead USAID's efforts to
prioritize urgent assistance for the Ukrainian people,
including food, water, shelter, and health care, including in
the event that the Russian army tries to cut off supplies to
Ukrainian cities?
Answer. I understand that USAID has a Disaster Assistance Response
Team based in Poland, that is working closely with our European allies
and partners to meet critical needs caused by Russia's invasion of
Ukraine. I'm also aware that USAID is providing food, safe drinking
water, shelter, emergency health care, and much-needed household
supplies to communities and displaced people in need where security
conditions allow. I am committed to addressing the immediate
humanitarian needs of the Ukrainian people and, if confirmed, will work
in close coordination with my colleagues at USAID, in the interagency,
our European allies and partners, and with Congress, to respond to the
devastating effects of Russia's unprovoked and unjustified attack on
Ukraine.
Question. Will you commit to keeping me updated on USAID's efforts
to support the Ukrainian people?
Answer. Yes. If confirmed, I pledge to closely consult with you on
USAID's efforts to support the Ukrainian people.
Question. What is USAID's plan, alongside the State Department, the
Department of Homeland Security, and other agencies, to address the
crisis of potentially millions of Ukrainians seeking refuge in Poland
and across Europe, as well as those who will be internally displaced
within Ukraine?
Answer. Russia's unprovoked and premeditated attack on Ukraine has
already forced more than 1.3 million refugees to leave Ukraine. In
addition, current estimates indicate that well over 160,0000 Ukranians
have been displaced internally due to the violence propagated by the
Kremlin. I understand that USAID, along with our colleagues in the
State Department's Bureau for Population, Refugees, and Migration (PRM)
are leading the humanitarian response on the ground and working closely
with partners across the U.S. Government to address this crisis. I
further understand that USAID is leading humanitarian assistance
efforts for internally displaced persons in Ukraine while also
providing food to refugees. State PRM is the lead agency for non-food
assistance to refugees. According to projections, the numbers of
refugees and IDPs is likely to increase dramatically. If confirmed, I
pledge to work closely with colleagues at USAID, State, and the
interagency to ensure we are effectively coordinating our assistance
efforts. If confirmed, I will also prioritize outreach and consultation
with Congress which has a crucial role to play in the success of the
United States' response to Russia's invasion of Ukraine.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Erin Elizabeth McKee by Senator Todd Young
Question. If confirmed, how would you coordinate with our European
partners in facilitating humanitarian assistance to Ukrainian refugees?
Answer. Within days of Russia's invasion, Administrator Samantha
Power traveled to the border of Poland and Ukraine to draw attention to
the needs of Ukrainians fleeing violence.
Administrator Power also met with European Union (E.U.) leaders in
Brussels to deepen U.S.-EU cooperation on efforts to provide displaced
Ukrainians with urgent humanitarian aid. If confirmed, I will work
closely with our European counterparts to solidify and strengthen
coordination on the response to Russia's unprovoked and unjustified
invasion of Ukraine so that our assistance efforts are cohesive and
synchronous.
Question. In what ways does the Ukraine war change USAID's
priorities and planning for Europe and Eurasia?
Answer. Russia's unprovoked and premeditated attack on Ukraine
presents a grave threat to freedom, democracy, and development progress
throughout the region. The people of Belarus, Moldova, and Georgia are
all too familiar with the specter of Russian aggression. I believe that
USAID's continued support for the democratic movement in Belarus, the
reform-oriented government of Moldova, and further progress on key
reforms in Georgia is more critical than ever. The impacts of Russia's
invasion of Ukraine are only beginning to reverberate throughout the
region. I am committed, if confirmed, to leading USAID's efforts to
support peace, democracy, and prosperity in Europe and Eurasia at this
pivotal moment for the region.
Question. How do you believe the conflict affects USAID's long-term
capabilities to carry out its programs within Ukraine?
Answer. While we do not yet know how long this conflict will endure
or the extent of its impact, USAID has already demonstrated its ability
to quickly pivot existing programs to meet evolving needs on the
ground. For example, I understand that through long-established
partnerships with regional and local governments, USAID has supported
civil preparedness efforts by helping local authorities respond to mass
population movements, communicate with its citizens, and repair small
infrastructure. I am also aware that USAID continues to review all of
its programming to identify how to safeguard our investments and
sustain these programs where possible, and most importantly, how to
protect the safety of its staff and partners. Throughout my career in
the foreign service I have seen firsthand USAID's ability to have a
meaningful impact in conflict settings and support recovery efforts
post-conflict. If confirmed, I look forward to overseeing such efforts
in Ukraine and to a continued dialogue with you on this issue.
Question. If confirmed, how would you reevaluate USAID engagement
in Belarus and Georgia in light of Russia's latest actions?
Answer. Russia's invasion of Ukraine has broad implications for
neighboring countries. The Lukashanka regime's decision to host Russian
troops has invigorated anti-war sentiment within Belarus, manifesting
in visible protests despite the repressive measures imposed by the
Belarussian security services. I believe that USAID should continue to
support the democratic aspirations of the people of Belarus and work
with local partners where possible. If confirmed, I am happy to provide
you with regular updates on USAID's support for the democratic movement
in Belarus.
I understand that USAID assistance in Georgia focuses on supporting
reform-oriented actors in civil society and public institutions that
promote transparency, international standards, and accountability. I
believe that the Agency should continue its dialogue with all key
stakeholders to encourage constructive progress toward reforms and
Western integration. I look forward to supporting these efforts, if
confirmed.
Question. Given Russia's frequent mischaracterization of USAID's
engagement, how would you communicate with our partners about the
mission and role of USAID, if confirmed?
Answer. I share your concern about the Kremlin's tendency to spread
lies and false information about USAID's programs in Europe and
Eurasia. I understand that across the region,
USAID consistently communicates the Agency's mission of promoting
self-determination, sovereignty, and helping partner countries make
informed choices about their own development path. If confirmed, I
would build upon the proactive messaging already underway to reach new
audiences through community outreach, digital engagement, and support
for local media across the region.
__________
NOMINATIONS
----------
TUESDAY, MARCH 15, 2022
U.S. Senate,
Committee on Foreign Relations,
Washington, DC.
The committee met, pursuant to notice, at 2:00 p.m., in
Room SD-419, Dirksen Senate Office Building, Hon. Benjamin J.
Cardin presiding.
Present: Senators Cardin [presiding], Menendez, Coons,
Kaine, Markey, Booker, Schatz, Van Hollen, Young, and Hagerty.
OPENING STATEMENT OF HON. BENJAMIN L. CARDIN,
U.S. SENATOR FROM MARYLAND
Senator Cardin. The Senate Foreign Relations Committee will
come to order.
I know that we are still missing Dr. Muyangwa. But since
she is a Marylander we will excuse her whenever she gets here
so that will be fine.
Let me, first, thank our nominees and thank the committee.
We adjusted the time because of the schedule changes here.
There are bill signings taking place. We have, of course, the
issues in regards to Ukraine. We will have President Zelensky
before a virtual joint meeting of the members of Congress
tomorrow. So it is a crowded agenda.
First, let me thank our nominees for their willingness to
be flexible on time and the members of the committee. I,
particularly, want to thank Senator Hagerty--he will be here
shortly--for his cooperation in adjusting the calendar.
The Republicans did have a lunch today so he may be a few
minutes late getting here. But he said it was perfectly okay
for us to start the hearing in order to give maximum time for
our witnesses--our nominees--and the questioning by members of
the committee.
I want to thank all four of our nominees for these
positions. These are extremely well-qualified individuals who
have devoted themselves to diplomacy, a career in public
service, and have served our Nation and are willing now to take
on responsibilities in critically important positions at any
time but, particularly, now the challenges that we have in our
country.
I also want to extend my thanks to your families because we
know that public service is a family sacrifice, and we thank
them very much for their willingness to allow your service for
our country.
I am going to give short introductions to our four nominees
and then we will hear from you and we will have questions by
members of the committee.
First on our list is Bernadette Meehan, who is nominated to
be the Ambassador of the United States to the Republic of
Chile. She currently serves as Executive Vice President of
Global Programs at the Obama Foundation, where she served
previously as Chief International Officer and Executive
Director of International Programs.
Prior to that, she was a career Foreign Service Officer and
worked in multiple positions at the National Security Council
including as a senior advisor, as a special assistant to the
President and National Security Council spokesperson, and
earlier as Director for Strategic Communications.
She also served as a special assistant to the Secretary of
State Hillary Clinton and served overseas in UAE, Iraq, and
Colombia, and has served with bravery in some of our most
dangerous situations.
Dr. John Nkengasong is currently the--has been nominated to
be the Ambassador-at-Large of the United States Government
Activities to Combat HIV/AIDS Globally. He is currently the
director of African Center for Disease Control and Prevention
in Ethiopia.
Prior to that, he was the Acting Deputy Director of the
Center for Global Health at the U.S. Centers for Disease
Control and Prevention, before that the chief of International
Laboratory branch division of Global HIV/AIDS and Tuberculosis
at CDC.
He also served as the Associate Director for laboratory
science in the division for Global AIDS, HIV, and Tuberculosis
at the Center for Global Health and co-chair of PEPFAR's
laboratory Technical Working Group.
Dr. Monde Muyangwa has been nominated to be the Assistant
Administrator of the U.S. Agency for International Development,
and she is from Maryland, as I have indicated before. We will
give her a little bit of a preference as a result of that, and
then we know that she will be with us shortly. She is in the
building and on her way up to the hearing.
She is the director of African Programs at the Woodrow
Wilson Center. Prior to joining the Wilson Center, she served
as the academic dean of the African Center for Strategic
Studies at the National Defense University, where she also
served as professor of civil-military relations. She also
worked as Director of Research and then Vice President for
Research and Policy at the National Summit on Africa.
Prior to that, she worked as Director of International
Education Programs at New Mexico Highlands University.
Then, lastly, we have Rebecca Gonzales, who has been
nominated to be the Senior Foreign Service Class of Minister-
Counselor to be Director of the Office of Foreign Missions.
She is currently serving as the U.S. Ambassador to the
Kingdom of Lesotho. Previously, she served as the chief of
staff in the Bureau of Administration at the Department of
State.
She has also served as the Deputy Executive Director of the
Bureau of Near Eastern Affairs, as Deputy Manager Counselor at
the U.S. Embassies in Pretoria, South Africa, Management
Officer at the U.S. Embassy in Botswana, a special assistant in
the Office of the Under Secretary of Management of the
Department of State.
Other assignments for Ambassador Gonzales include service
in the Bureau of Near Eastern Affairs and the U.S. Embassies in
Saudi Arabia, India, Colombia, and Greece.
Wow. Let me just tell you something. We have four very
impressive individuals who have served our country with great
distinction. We are really honored to have you before us and
your willingness to continue to serve our . We thank you for
that.
As I have indicated earlier, when Senator Hagerty gets here
we will allow him to give his opening comments, but we will
start with Ms. Meehan.
You may--your full testimony will be made part of our
record and you may proceed as you wish. Please try to keep your
comments to no more than five minutes.
STATEMENT OF BERNADETTE M. MEEHAN OF NEW YORK, NOMINATED TO BE
AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED
STATES OF AMERICA TO THE REPUBLIC OF CHILE
Ms. Meehan. Chairman Cardin, Ranking Member Hagerty, and
distinguished members of the committee, I am deeply honored to
appear before you today as the President's nominee to be the
U.S. Ambassador to the Republic of Chile.
I am grateful to President Biden and Secretary Blinken for
the confidence that they have placed in me. I want to thank my
husband, Evan, here with me today, my parents, Terry and Joe,
and my sister, Liz, for their love and support, and note how
much we love and miss my younger brother, Chris, who passed
away last summer.
I would also like to express my love for my daughter,
Milly, who, at three years old, is the light of my life and
reminds me every day how rewarding and challenging it is to be
a working mom.
Over 25 years I have been fortunate to hold diverse
positions in the Government, nonprofit, and private sectors.
But the highest privilege was representing my country for 13
years as a career Foreign Service Officer. It would be the
honor of my life to return to the service of the American
people as a U.S. diplomat.
If confirmed, I look forward to working closely with the
Congress to advance the interests of the United States in
Chile. While serving in Colombia on my first tour as a Foreign
Service Officer, I was abducted and assaulted by armed
assailants. During my year in Iraq, I witnessed every day the
dangers facing Americans--diplomats, military, NGO staff,
journalists, and civilians.
I am proud to volunteer with a nonprofit organization that
supports families of Americans taken hostage or wrongfully
detained abroad and the former hostages and detainees when they
return home.
These experiences ingrained in me the solemn responsibility
the U.S. Government has and, if confirmed, the safety of
American citizens will be my highest priority.
I first visited Chile in 1992 when I was a 16-year-old high
school exchange student in Argentina. On school break, I joined
my host family on a bus trip across Patagonia and Magallanes to
Punta Arenas, Chile.
In the 30 years since, Chile has undergone enormous
changes. The United States' relationship with Chile is one of
the strongest, most diverse, and most beneficial in the Western
Hemisphere, from trade and investment to cooperation in
science, technology, and defense to promoting good governance
and human rights throughout the region.
For over 30 years, Chile has been a champion of democracy
and free and fair trade, and a like-minded partner with robust
economic, academic, and cultural ties. Chile is also a leader
in calling out human rights abuses and undemocratic practices
in Cuba, Venezuela, and Nicaragua.
If confirmed, I will build on our shared values to continue
this important and productive partnership with a focus on three
areas.
First, supporting Chile's vibrant democracy at a pivotal
moment in Chile's history with free and fair elections last
year that set a powerful example for the region and the world,
and a constitutional assembly that is channeling grievances
into a peaceful and democratic reform process.
If confirmed, I look forward to working with President
Boric and his administration and offering U.S. support to the
Chilean Government and civil society organizations as they seek
to deliver greater economic opportunity and social equality to
the Chilean people.
Second, promoting economic opportunity and trade that will
benefit all Americans and Chileans. Our free trade agreement
has nearly quadrupled bilateral trades in goods, propelling job
creation and economic growth in both countries.
The United States is Chile's number-one source of foreign
direct investment with $23 billion in FDI, and the Department
of Commerce reports that U.S. exports to Chile support an
estimated 87,000 American jobs.
I believe Chile's commendable tradition of openness,
combined with a responsible investment screening mechanism that
considers national security interests, would maintain the
security of Chile's critical infrastructure and sensitive
technologies as well as Chile's attractiveness to foreign
investors.
To protect and expand U.S. business opportunities, if
confirmed, I will advocate for a continued business climate in
Chile that is based on respect for free trade, democracy, and
democratic good governance.
Third, bolstering our already strong collaboration in
science, technology, and innovation, including on priorities
such as investing in renewable energy and combating the climate
crisis, as well as space, health, and emerging technologies.
U.S. investment in scientific infrastructure in Chile
exceeds $1 billion. Chile is a leader on oceans and climate
issues and in deploying clean energy such as solar, wind, and
hydrogen.
Chile is also a world leader in vaccinating its people
against COVID-19. The United States values our partnerships
with Chile in these areas and, if confirmed, I will work to
expand them.
Thank you for the opportunity to appear before you today
and I look forward to your questions.
[The prepared statement of Ms. Meehan follows:]
Prepared Statement of Bernadette M. Meehan
Chairman Cardin, Ranking Member, and distinguished members of the
committee, I am deeply honored to appear before you today as the
President's nominee to be the U.S. Ambassador to the Republic of Chile.
I am grateful to President Biden and Secretary Blinken for the
confidence they have placed in me.
I want to thank my husband, Evan, my parents Terry and Joe, and my
sister Liz for their love and support, and note how much we love and
miss my brother Chris, who passed away last summer. I'd also like to
express my love for my daughter Milly, who at three years old is the
light of my life and reminds me every day how rewarding and challenging
it is to be a working mom.
Over 25 years, I have been fortunate to hold diverse positions in
the Government, non-profit, and private sectors, but the highest
privilege was representing my country for 13 years as a Foreign Service
Officer. It would be the honor of my life to return to the service of
the American people as a U.S. diplomat. If confirmed, I look forward to
working closely with the Congress to advance the interests of the
United States in Chile.
While serving in Colombia on my first tour as a Foreign Service
Officer, I was abducted and assaulted by armed assailants. During my
year serving in Iraq, I witnessed every day the dangers facing
Americans--diplomats, military, NGO staff, journalists, and civilians.
I am proud to volunteer with a non-profit organization that supports
families of Americans taken hostage or wrongfully detained abroad, and
the former hostages and detainees when they return home. These
experiences ingrained in me the solemn responsibility that the U.S.
Government has, and if confirmed, the safety of American citizens will
be my highest priority.
I first visited Chile in 1992, when I was a 16-year-old high school
exchange student in Argentina. On school break, I joined my host family
on a bus trip across Patagonia and Magallanes to Punta Arenas, Chile.
In the 30 years since, Chile has undergone enormous changes.
The United States' relationship with Chile is one of the strongest,
most diverse, and mutually beneficial in the Western Hemisphere, from
trade and investment to cooperation in science, technology, and
defense, to promoting good governance and human rights throughout the
region. For over 30 years, Chile has been a champion of democracy and
free and fair trade and a like-minded partner with robust economic,
academic, and cultural ties. Chile is also a leader in calling out
human rights abuses and undemocratic practices in Cuba, Venezuela, and
Nicaragua.
If confirmed, I will build on our shared values to continue this
important and productive partnership, with a focus on three areas:
First, supporting Chile's vibrant democracy at a pivotal moment in
Chile's history, with free and fair elections last year that set a
powerful example for the world and a constitutional assembly that is
channeling grievances into a peaceful and democratic reform process. If
confirmed, I look forward to working with President Boric and his
administration and offering U.S. support to the Chilean Government and
civil society organizations as they seek to deliver greater economic
opportunity and social equality to the Chilean people.
Second, promoting economic opportunity and trade that will benefit
all Americans and Chileans. Our Free Trade Agreement has nearly
quadrupled bilateral trade in goods, propelling job creation and
economic growth in both countries. The United States is Chile's number
one source of foreign direct investment, with $23 billion in FDI, and
the Department of Commerce reports that U.S. exports to Chile support
an estimated 87,000 American jobs. I believe Chile's commendable
tradition of openness, combined with a responsible investment screening
mechanism that considers national security interests, would maintain
the security of Chile's critical infrastructure and sensitive
technologies, as well as Chile's attractiveness to foreign investors.
To protect and expand U.S. business opportunities, if confirmed, I will
advocate for a continued business climate in Chile that is based on
respect for free trade, transparency, and democratic good governance.
Third, bolstering our already strong collaborations in science,
technology, and innovation, including on priorities such as investing
in renewable energy and combatting the climate crisis, as well as
space, health, and emerging technologies. U.S. investment in scientific
infrastructure in Chile exceeds $1 billion. Chile is a leader on oceans
and climate issues and in deploying clean energy, such as solar, wind,
and hydrogen. Chile is also a world leader in vaccinating its people
against COVID-19. The United States values our partnerships with Chile
in these areas, and if confirmed, I will work to expand them.
Thank you again for the opportunity to appear before you today. I
look forward to your questions.
Senator Cardin. Thank you very much for your testimony.
We will now hear from Dr. Nkengasong.
STATEMENT OF DR. JOHN N. NKENGASONG OF GEORGIA, NOMINATED TO BE
AMBASSADOR-AT-LARGE, COORDINATOR OF THE UNITED STATES
GOVERNMENT ACTIVITIES TO COMBAT HIV/AIDS GLOBALLY
Mr. Nkengasong. Chairman Cardin, Ranking Member Hagerty,
members of the committee, I am deeply honored to appear before
you today as President Biden's nominee as the U.S. Global AIDS
Coordinator to lead and coordinate PEPFAR, the President's
Emergency Plan for AIDS Relief.
I am immensely grateful to President Biden and Secretary
Blinken for entrusting me at a critical time as we face the
fight against a dual pandemic, HIV/AIDS and COVID-19.
I want to thank my lovely wife, Susan, and our three
wonderful children--Pete, Gladys, and Paul--for their patience
and support all the years as I have pursued a career in global
health.
If confirmed, I would assume leadership of an unprecedented
initiative with a long history of strong bipartisan
congressional leadership and a proven track record of
lifesaving work.
Since 2003 when Congress and President Bush created PEPFAR,
it has saved more than 21 million lives and prevented millions
of HIV infections, including in children. PEPFAR has been
strengthened over the last 19 years through continued American
generosity and a conviction to finish the fight against HIV/
AIDS.
Despite COVID-19, PEPFAR has proven remarkably resilient in
protecting and advancing HIV gains as well as creating the
backbone to fight other health threats, including COVID-19.
I know this to be true, as I believe it and seen firsthand
the positive impact it has had on people around the world.
If confirmed, I will draw upon my three decades of program
and research experience in public health and HIV to advance
PEPFAR's mission, assure that it continues its success,
collaborate with partner countries and communities, and sustain
the strong partnership it enjoys with Congress, including all
of you.
If confirmed, I will be stepping into this role at a
critical moment when the world is confronted with a dual
pandemic. We have seen how COVID-19 has affected some HIV
programs with devastating results. But we have also witnessed
how the health systems and institutions built and strengthened
by PEPFAR investment have been central to COVID-19 response.
If confirmed, I will work and focus on continuing our fight
against HIV/AIDS in close collaboration with countries and
communities while also acknowledging and appreciating the
broader context that will determine the success of our actions.
As the director of the Africa CDC, I have seen how PEPFAR's
investment in health systems have strengthened and, in some
cases, established the fundamental health infrastructures--
laboratory systems, surveillance, and human resources in the
countries where we have served.
In the past, efforts around HIV were premised upon building
health systems around the world. The goal now must shift and I
believe our efforts must now ensure that these services and
systems are sustainable, resilient to prevent and respond to
HIV/AIDS, including pediatric HIV/AIDS, in the future, as well
as other diseases.
For this to happen, it is my belief that we need to
capitalize on the capacity and experience of those in the
countries where we work with a deep respect for their
perspectives or needs and taking into account their knowledge
and local expertise.
As we continue our fight towards sustaining epidemic
control of HIV/AIDS, the key task ahead of us will involve
doubling down on evidence-based interventions to address local
contexts. We must work in partnership with communities and
countries to ensure that we have enabling environments that
leave nobody behind.
For health systems to be sustainable and keep infectious
diseases in check, we must act collectively to support the
capabilities of local leaders and regional institutions, and
work in respectful partnership and accountability with them.
I am humbled and privileged to appear before you today, and
I look forward to answering your questions.
[The prepared statement of Mr. Nkengasong follows:]
Prepared Statement of Dr. John N. Nkengasong
Mr. Chairman, Ranking Member, members of the committee, I am
honored to appear before you today as President Biden's nominee as the
Ambassador-at-Large, Coordinator of the United States Government
Activities to Combat HIV/AIDS Globally to lead and coordinate PEPFAR,
the President's Emergency Plan for AIDS Relief. I am immensely grateful
to President Biden and Secretary Blinken for entrusting me at this
critical time as we face and fight the dual global pandemics of HIV/
AIDS and COVID-19.
I want to thank my lovely wife Susan, and our three lovely children
(Pete, Gladys, and Paul) for their patience and support all the years
as they have followed me in multiple countries across the world as I
pursue global health.
If confirmed, I would assume leadership of an unprecedented
initiative with a long history of strong, unwavering bipartisan
Congressional leadership and support and a proven track record of
global life-saving work. Since 2003, when Congress and President George
W. Bush created the initiative, PEPFAR has saved more than 21 million
lives and prevented millions of HIV infections. PEPFAR has been
strengthened over the last 19 years through continued American
generosity and a conviction to finish the fight against AIDS.
Despite COVID-19, PEPFAR has proven remarkably resilient in
protecting and advancing hard-fought HIV gains as well as creating the
backbone to fight other health threats, including COVID-19. I know all
this to be true, as I have lived it and seen it firsthand--the positive
impact it has had on people around the globe.
PEPFAR is one of the most successful initiatives implemented
through a whole-of-U.S. Government approach, bringing the best of the
United States to bear. If confirmed, I will draw upon my three decades
of experience with programs and research in public health and HIV,
specifically from the United States CDC, as well as my recent
experiences as the first Director of the Africa CDC and other
leadership roles in public health institutions, to humbly advance
PEPFAR's mission, assure its continued success, collaborate with
partner governments and communities, and sustain the strong partnership
it enjoys with Congress.
If confirmed, I would be stepping into this role at a critical
moment when the world is confronted with dual global pandemics. We have
seen how COVID-19 has affected some progress in our HIV efforts with
devastating results, but we have also witnessed how the health systems
and institutions built and strengthened by PEPFAR's investments have
been central to the COVID-19 response.
I have dedicated my service to improving public health by fighting
diseases. My experience specific to HIV goes back more than 30 years. I
served as Chief of Virology and the WHO Collaborating Center on HIV
diagnostics at the Institute of Tropical Medicine Antwerp. I then
served as the U.S. CDC's Acting Deputy Principal Director of the Center
for Global Health, as well as an Associate Director within CDC's
Division of Global HIV/AIDS and Tuberculosis.
If confirmed, I will draw upon these experiences and focus on
continuing our fight against HIV/AIDS in close collaboration with
governments and communities, while also acknowledging and appreciating
the broader context that will determine the success of our actions and
the future of the PEPFAR program. As Director of the Africa CDC, I have
seen how PEPFAR's investments in health systems over the past 19 years
have strengthened--and in some cases, established--the fundamental
health infrastructure, laboratories, surveillance systems, and human
resources for health in the countries where it helps serve.
In the past, efforts around HIV were premised upon building these
systems from the ground up. With these now in place, the goal has now
shifted, and I believe our efforts must now ensure that these services
and systems are sustainable and resilient to prevent and respond to
HIV/AIDS in the future, as well as other diseases. For this to happen,
it is my belief that we need to capitalize on the capacity and
experience of those in the countries where we work, coming to the table
with a deep respect for their perspectives and needs, taking account of
their insights, their knowledge of local contexts, and their reservoirs
of expertise. For such systems to be sustainable and keep infectious
disease in check, we must act collectively to support the capabilities
of local leaders and regional institutions and work in respectful
partnership and accountability with them.
As we continue our fight toward sustaining epidemic control of HIV/
AIDS in so many places, the key tasks ahead will involve diplomatic
engagement and doubling down on evidence-based interventions to address
local contexts.
I am humbled and privileged to appear before you today and to be
considered to lead, if confirmed, truly one of the most remarkable,
life-saving efforts ever. I look forward to answering your questions.
Senator Cardin. Thank you very much for your comments.
We will now go to Senator Hagerty for his opening comments.
Of course, Senator Hagerty is a former ambassador to Japan so
he knows how you all feel on that side of the room.
STATEMENT OF HON. BILL HAGERTY,
U.S. SENATOR FROM TENNESSEE
Senator Hagerty. Thank you, Senator Cardin, and I must say
it was a real privilege to be on that side when you were
sitting here. You were very kind to me through that process and
I appreciate it.
And I would also say to all of you I hope you will reach
out to us here on the Senate Foreign Relations Committee,
should you be confirmed, and view us as your allies and
supporters.
And, really, I would like to thank all of you and your
families. I know what it takes from a family perspective to do
the jobs that you are taking on. A big thanks goes out to them
as well.
I would like to start with the nominee to be the U.S.
Ambassador to Chile. The United States and Chile share a long
history of friendship and cooperation, and I look forward to
hearing from the nominee about how we can strengthen the U.S.
partnership with Chile while also countering China's malign
influence in the country and, frankly, throughout Latin
America.
I would like to turn to the nominee to be the coordinator
of United States Government activities to combat HIV/AIDS
globally. This position will spearhead the effort to curb HIV/
AIDS and the United States needs a strong ambassador who will
work tirelessly to maintain this commitment in combating the
HIV/AIDS pandemic. I look forward to hearing from the nominee
on this subject.
Next, I would like to turn to the nomination for USAID's
Assistant Administrator for Africa. This position serves an
important role in continuing progress made under the Trump
administration's Prosper Africa Initiative to provide an
alternative to China's increased investment in debt diplomacy
on the African continent through its One Belt, One Road
strategy.
At a time when our strategic adversaries are attempting to
rewrite international rules and norms, it will be critical for
USAID to advance investments and values that represent the free
world.
And last but, certainly, not least, I would like to focus
on the nomination to the Director of the Office of Foreign
Missions.
This position has the important task of establishing the
foundation of diplomacy by facilitating the secure and
efficient operations of U.S. missions abroad and of foreign
missions and international organizations here in the United
States.
To all four nominees, again, I want to thank you and your
families for serving our and for answering the questions before
the committee today. I look forward to your testimony.
Thank you, Mr. Chair.
Senator Cardin. Thank you, Senator Hagerty.
We will now go to Dr. Muyangwa. Glad to hear from you.
STATEMENT OF DR. MONDE MUYANGWA OF MARYLAND, NOMINATED TO BE AN
ASSISTANT ADMINISTRATOR OF THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT
Ms. Muyangwa. Chairman Cardin, Ranking Member Hagerty, and
members of the committee, I am honored to appear before you as
President Biden's nominee for Assistant Administrator for
Africa at the United States Agency for International
Development. I am grateful for President Biden and
Administrator Power's trust in me to serve in this position.
I would not be sitting before you today without the love,
support, and sacrifice of my family in the United States and
Zambia. I owe them a huge debt of gratitude.
I would especially like to thank my husband, our family
anchor and my biggest supporter, David Kaloustian; our
daughter, Inonge, who is here with me today; my mother, bo
Nmukulo Muyangwa; and my siblings, extended family, and network
of friends and colleagues.
I would also like to acknowledge two role models for their
unwavering support and belief in me--my late father, bo Mubaale
Muyangwa, and my late uncle, Simasiku Chimuka.
As a girl growing up in Zambia, I experienced USAID's work
firsthand. To deter Zambia's support for the region's
liberation and independence movement, the apartheid and
minority regimes in South Africa and Rhodesia blockaded or
destroyed landlocked Zambia's transport infrastructure,
disrupting the economy and causing severe food shortages.
Still, USAID found a way of getting critical food supplies
to the population. I vividly remember the day trucks pulled
into my boarding school to deliver bags of maize meal
emblazoned with the USAID logo.
In addition, being from a region hit hard by HIV/AIDS, I
have lost family members to the disease. Over the years, I have
witnessed PEPFAR save millions of lives. USAID's mission
resonates deeply with me on a personal level.
Professionally, I have spent the last 24 years working to
advance U.S.-Africa relations, focusing on the issues that are
at the heart of USAID's mission--security, development, and
governance.
I spent three years at the National Summit on Africa
engaging Americans across the country about why Africa matters
to the United States and developing policy recommendations for
stronger U.S.-Africa relations.
I then spent 13 years at the Africa Center for Strategic
Studies at the Department of Defense building African
capacities and partnerships to prevent and address conflict,
violent extremism, and fragility, and enhance good governance
and the rule of law.
For the last eight years at the Woodrow Wilson
International Center for Scholars I have led the organization's
work analyzing and developing policy options for addressing key
issues in U.S.-Africa relations in the economic, governance,
and security realms.
If confirmed, I vow to bring this substantive leadership
experience and long-term commitment to working in a bipartisan
manner to bear on the USAID mission on the Africa Bureau's
work.
Today, USAID's mission is more important than ever. The
COVID-19 pandemic has overwhelmed fragile health systems,
caused tremendous loss of life, erased several years of
development gains, and thrown millions of Africans into
poverty.
Insecurity, violent extremism, and conflict in several
countries have killed thousands and displaced millions more,
resulting in humanitarian crises that are compounded by climate
change.
Furthermore, the continent is witnessing a rapidly evolving
democracy landscape and the increased role of international
actors, especially China and Russia.
While the narrative about Africa is too often dominated by
its challenges, the Africa that I know is also characterized by
resilience, transformation, and promise, as partially evidenced
by African innovations to mitigate the impact of the pandemic,
expanding tech hubs, and people fighting to safeguard
democracy.
These and other developments have reinforced my belief that
Africa's people, particularly its youth, are the continent's
greatest resource.
Therefore, if confirmed, I commit to working with you to
engage with Africa's challenges and opportunities, and balance
the agency's lifesaving work with investments in development.
Specifically, I would focus on four priorities.
First, solidify and expand our economic engagement and
recover the gains lost to the COVID pandemic and humanitarian
crises, and foster investments to help put the continent back
on an upward development trajectory.
Second, address the key factors that hinder development
including climate change, democratic backsliding, and
fragility.
Third, consolidate, develop, and expand strategic
partnerships with Africans in other countries with the private
sector and civil society in order to amplify the pace and
impact of desired development outcomes.
Fourth, and the overarching goal, lead and manage the
Africa Bureau's people, programs, and financial resources in a
way that both supports the well being and security of staff and
ensures that the resources entrusted to us by the American
people are managed effectively, efficiently, and with
accountability.
I have long appreciated the bipartisan support for Africa
in Congress and, if confirmed, I look forward to working with
you and others in Congress to continue to strengthen U.S.-
Africa relations.
Thank you for your consideration.
[The prepared statement of Ms. Muyangwa follows:]
Prepared Statement of Monde Muyangwa, Ph.D.
Chairman Cardin, Ranking Member Hagerty, and members of the
committee, I am honored to appear before you as President Biden's
nominee for Assistant Administrator for Africa at the United States
Agency for International Development. I am grateful for President Biden
and Administrator Power's trust in me to serve in this position.
I would not be sitting before you today without the love, support,
and sacrifice of my family in the United States and Zambia. I owe them
a huge debt of gratitude. I would especially like to thank my husband,
our family anchor and my biggest supporter, David Kaloustian; our
daughter, Inonge; my mother, bo Namukulo Muyangwa; and my siblings,
extended family, and network of friends and colleagues in both
countries. I would also like to acknowledge two role models for their
unwavering support and belief in me--my late father, bo Mbaale Muyangwa
and late uncle, bo Simasiku Chimuka.
As a girl growing up in Zambia, I experienced USAID's work
firsthand. To deter Zambia's support for the region's liberation and
independence movements, the apartheid and minority regimes in South
Africa and Rhodesia blockaded or destroyed landlocked Zambia's
transport infrastructure, disrupting the economy and causing severe
food shortages. Still, USAID found a way of getting critical food
supplies to the population. I vividly remember the day trucks pulled
into my boarding school to deliver bags of maize meal, emblazoned with
the USAID logo. In addition, being from a region hit hard by HIV/AIDS,
I have lost family members to the disease. Over the years, I have
observed PEPFAR save millions of lives. USAID's mission resonates
deeply with me on a personal level.
Professionally, I have spent the last 24 years working to advance
U.S.-Africa relations, focusing on the issues at the heart of USAID's
mission: security, development, and governance. I spent three years at
the National Summit on Africa, engaging Americans across the country
about why Africa matters to the United States and developing policy
recommendations for stronger U.S.-Africa relations. I then spent 13
years at the Africa Center for Strategic Studies at the Department of
Defense, building African capacities and partnerships to prevent and
address conflict, violent extremism, and fragility and enhance good
governance and the rule of law. For the last eight years at the Woodrow
Wilson International Center for Scholars, I have led the organization's
work analyzing and developing policy options for addressing key issues
in U.S.-Africa relations in the economic, governance, and security
realms. If confirmed, I vow to bring this substantive leadership
experience and longstanding commitment to working in a bipartisan
manner to bear on the USAID mission and the Africa Bureau's work.
Today, USAID's mission is more important than ever. The COVID-19
pandemic has overwhelmed fragile health systems, caused tremendous loss
of life, erased several years of development gains, and thrown millions
of Africans into poverty. Insecurity, violent extremism, and conflict
in the Horn of Africa, the Sahel, the Lake Chad Basin, Central Africa,
and northern Mozambique have killed thousands and displaced millions
more, resulting in humanitarian crises compounded by climate change.
Furthermore, the continent is witnessing a rapidly evolving democracy
landscape and the increased role of international actors, especially
China and Russia.
While the narrative about Africa is too often dominated by its
challenges, the Africa that I know is also characterized by resilience,
transformation, and promise, as partially evidenced by African
innovations to mitigate the impacts of the pandemic, expanding tech
hubs, and the people fighting to safeguard democracy. These and other
developments have reinforced my belief that Africa's people,
particularly its youth, are the continent's greatest resource.
Therefore, if confirmed, I commit to working with you to engage
with Africa's challenges and opportunities and balance the agency's
life-saving work with investments in development. Specifically, I would
focus on four priorities: First, solidify and expand our economic
engagement to recover the gains lost to the COVID pandemic and
humanitarian crises, and foster investments to help put the continent
back on an upward development trajectory. Second, address the key
factors that hinder development, including climate change, democratic
backsliding, and fragility. Third, consolidate, develop, and expand
strategic partnerships with African and other countries, the private
sector, and civil society in order to amplify the pace and impact of
desired development outcomes. Fourth--and the overarching goal--lead
and manage the Africa Bureau's people, programs, and financial
resources in a way that both supports the well-being and security of
staff and ensures that the resources entrusted to us by the American
people are managed effectively, efficiently, and with accountability.
I have long appreciated the bipartisan support for Africa in
Congress. If confirmed, I look forward to working with you and others
in Congress to continue to strengthen U.S.-Africa relations.
Thank you for your consideration.
Senator Cardin. Thank you very much for your comments.
We will now go to Ambassador Gonzales.
STATEMENT OF HON. REBECCA ELIZA GONZALES OF TEXAS, A CAREER
MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER-
COUNSELOR, NOMINATED TO BE DIRECTOR OF THE OFFICE OF FOREIGN
MISSIONS
Ms. Gonzales. Chairman Cardin, Ranking Member Hagerty, and
members of the committee, over four years ago, I was honored to
sit before you as a nominee for United States Ambassador to the
Kingdom of Lesotho. I thank you for putting your trust and
confidence in me back then.
I am tremendously proud of the countless women and men
across the globe with whom I have had the honor to work with as
we have made important strides in combating HIV/AIDS,
championing democracy and human rights, and promoting trade. I
am truly honored to come again before this committee as a
nominee, this time as the Director of the Office of Foreign
Missions. I am grateful for the confidence President Biden and
Secretary Blinken have shown in me through this nomination.
If confirmed as Director of Foreign Missions, I look
forward to working with this committee and the Congress in
advancing U.S. national security interests, protecting the
American public, and advocating for United States missions, our
dedicated staff members, and their families overseas.
I would like to take a moment just to recognize and thank
my late father, Jose Rene, and my mother, Estella B. Gonzales.
My father, Colonel Jose Rene Gonzales, served in the United
States Air Force for 26 years and was buried in 2013 with full
military honors at Arlington National Cemetery.
My mother, Estella, who is still a D.C. public school
teacher and is here with me today, has been teaching for over
30 years, and I thank you, Mom, for being here.
I would also like to recognize my son, Imagine Alexander,
who recently completed his studies at the University of
California, who is also here with me.
Raised in a military family, I lived abroad and this gave
me a great appreciation for other cultures and a desire to
serve my country by joining the Foreign Service. It has been a
profound honor and great privilege serving my country for
nearly 30 years as a Foreign Service Officer.
My experience in Africa, the Middle East, and Latin America
and a recognition that there is always much to learn, have
prepared me, if confirmed, for the important task of leading
the Office of Foreign Missions, an organization whose primary
goals are using reciprocity to ensure equitable treatment for
U.S. diplomatic and consular missions abroad, regulating the
activities of foreign missions in the United States to protect
U.S. foreign policy and national security interests, protecting
the United States public from abuses of privileges and
immunities by members of foreign missions, and providing
assistance to ensure the U.S.-based foreign mission community
has appropriate privileges, benefits, and services on a
reciprocal basis.
As you are aware, OFM was established in 1982 pursuant to
the Foreign Missions Act. For more than 30 years this Act has
guided the department's management and regulation of foreign
missions in the United States and the extension of privileges
and benefits, which are crucial to ensuring the smooth and
efficient conduct of U.S. foreign policy.
It is through vigilant management and attention to these
activities that OFM also protects the public from the abuses--
from the abuse of privilege and immunities by members of
foreign missions.
A key element of the Foreign Missions Act is reciprocity.
This fundamental tenet allows OFM to positively influence and
condition the environment in which U.S. diplomatic and consular
missions abroad operate.
Reciprocity plays an integral role in advancing our
national interests, the efficient conduct of diplomacy, and the
safety and well being of our staff and their family members
abroad.
In closing, Mr. Chairman, I am honored to have the
opportunity to address you and the esteemed members of this
committee. If confirmed, my priority will be to further the
important objectives Congress set out in the Foreign Missions
Act.
I look forward to continuing OFM's outstanding work in
helping to resolve a myriad of existing challenges and those
that inevitably rise in the conduct of U.S. diplomacy.
I thank you, again, for the opportunity to appear before
you today and welcome any questions you may have.
[The prepared statement of Ms. Gonzales follows:]
Prepared Statement of Hon. Rebecca Eliza Gonzales
Mr. Chairman, ranking member, and members of the committee, over
four years ago I was honored to sit before you as the nominee for
United States Ambassador to the Kingdom of Lesotho. I thank you for
putting your trust and confidence in me back then. I'm tremendously
proud of the countless women and men across the globe with whom I have
had the honor to work with as we made important strides in combating
HIV/AIDS, championing democracy and human rights, and promoting trade.
I am truly honored to come again before this committee as a nominee--
this time as the Director of the Office of Foreign Missions. I am
grateful for the confidence President Biden and Secretary Blinken have
shown in me through this nomination
If confirmed as Director of Foreign Missions, I look forward to
working with this Committee and the Congress in advancing U.S. national
security interests, protecting the American public, and advocating for
United States missions, our dedicated staff members and their families
overseas.
I would like to take just a moment to recognize and thank my late
father, Jose Rene, and my mother Estella B Gonzales. My father, Colonel
Jose Rene Gonzales, served in the United States Air Force for 26 years
and was buried in 2013 with full military honors at Arlington National
Cemetery. My mother, Estella, has been a D.C. public school teacher for
more than 30 years, and, indeed, I am fortunate to have her with me
today. I would also like to recognize my son, Imagine Alexander, who
completed his studies at the University of California who is also here
with me today.
Raised in a military family, I lived abroad and this gave me a
great appreciation for other cultures and a desire to serve my country
by joining the Foreign Service. It has been a profound honor and great
privilege serving my country for nearly 30 years as a Foreign Service
Officer.
My experiences in Africa, the Middle East and Latin America and a
recognition that there is always much to learn have prepared me, if
confirmed, for the important task of leading the Office of Foreign
Missions, an organization whose primary goals are:
Using reciprocity to ensure equitable treatment for U.S. diplomatic
and consular missions abroad;
Regulating the activities of foreign missions in the United States
to protect U.S. foreign policy and national security interests;
Protecting the U.S. public from abuses of privileges and immunities
by members of foreign missions; and
Providing assistance to ensure the U.S.-based foreign mission
community has appropriate privileges, benefits, and services on
a reciprocal basis.
As you are aware, OFM was established in 1982 pursuant to the
Foreign Missions Act. For more than 30 years, this Act has guided the
Department's management and regulation of foreign missions in the
United States and the extension of privileges and benefits ranging from
property acquisition to domestic travel courtesies and restrictions.
Each of these functions is crucial to ensuring the smooth and efficient
conduct of U.S. foreign policy. It is through vigilant management and
attention to these activities that OFM also protects the public from
the abuse of privileges and immunities by members of foreign missions.
A key element of the Foreign Missions Act is reciprocity. This
fundamental tenant allows OFM to positively influence and condition the
environment in which U.S. diplomatic and consular missions abroad
operate. Reciprocity plays an integral role in advancing our national
interests, the efficient conduct of diplomacy, and the safety and
wellbeing of our staff and their family members abroad. Accordingly,
OFM plays a critical role in assisting with the resolution of matters
with foreign governments thus contributing to the overall success of
the Department's commitment to the safe and efficient operations of our
diplomatic and consular missions abroad as well as the safety and
prosperity of the American people.
In closing, Mr. Chairman, I am honored to have the opportunity to
address you and the esteemed members of the committee. If confirmed, my
priority will be to further the important objectives Congress set out
in the Foreign Missions Act, to include the protection our national
security interests and the American public. I look forward to
continuing OFM's work in helping to resolve a myriad of existing
challenges and those that inevitably arise in the conduct of U.S.
diplomacy.
Mr. Chairman and members of the committee, thank you again for the
opportunity to appear before you today. I welcome any questions you may
have.
Senator Cardin. Thank you for your comments.
All four of you, thank you for your service as you have
taken life experiences and have turned that into a way to use
the position of public service to strengthen our . I thank all
four of you for your commitment to strengthening America
through service and in diplomacy.
I have some obligatory questions that I will ask on behalf
of the committee. I would ask that each one of you respond
either yes or no to the questions. Then I will yield to my
colleagues for the first round of questioning.
The first question--this has to do with cooperation with
our committee, et cetera--do you agree to appear before this
committee and make officials from your office available to the
committee and designated staff when invited?
Just go down the row.
[All witnesses answer in the affirmative.]
Senator Cardin. Do you commit to keep this committee fully
and currently informed about the activities under your purview?
[All witnesses answer in the affirmative.]
Senator Cardin. Do you commit to engaging in meaningful
consultation when policies are being developed, not just
providing notification after the fact?
[All witnesses answer in the affirmative.]
Senator Cardin. Do you commit to promptly responding to
requests for briefings and information requested by the
committee and its designated staff?
[All witnesses answer in the affirmative.]
Senator Cardin. You have all passed this part of the
hearing. Congratulations to all of you.
[Laughter.]
Senator Cardin. With that, let me yield to Senator Kaine.
Senator Kaine. Mr. Chair, Senator Hagerty, thank you so
much, and what a great panel of witnesses.
Ms. Meehan, I want to talk to you about your service to the
country because your opening comments were humble, and I do not
want to delve into things that are uncomfortable but I also
want this committee to know of your bravery.
You served in Colombia at a very difficult time--2004 to
2006--and you passed over it briefly in your comments. During
the time you were serving our there you were kidnapped. You
were assaulted.
There was a subsequent trial of at least some of the
perpetrators. We always have nominees for ambassador who come
before us and say they will take, as a serious priority,
keeping their people safe and they always mean it.
I know that that means a particular amount to you, and I
also know that you must really rejoice, as many of us do, in
the progress that has happened in Colombia since the years that
you were there.
To see Colombia announced as a major non-NATO ally by
President Biden last week, those kinds of signs of progress
make you feel--must make you feel pretty proud.
You then came back to United States later that year, 2006,
and during the Bush administration. It was during the Iraq war,
a particularly dangerous phase of that war, and the State
Department was looking for volunteers to go to Iraq into the
war zone there.
Having had a traumatic experience in Colombia, I doubt any
of your colleagues would have looked askance at Bernadette
Meehan not volunteering to go to Iraq. But you volunteered to
go to Iraq within months after the difficult experience in
Colombia.
And when I found this out, I was kind of stunned by that. I
asked you, when we talked by phone, why did you volunteer to go
to Iraq within months after this challenging, challenging
situation in Colombia.
Ms. Meehan. Senator, thank you for your comments and for
the question.
When I joined the Foreign Service, the area that I loved
most in the world was the Western Hemisphere so I knew that I
wanted to serve there on my first tour.
When it came time to bid on my second tour, the foreign
policy priority of President Bush was the war in Iraq and I
felt that as a Foreign Service Officer, a career civil servant,
I had a duty to answer the call.
Secretary of State Condoleezza Rice was looking for
volunteers to serve alongside the men and women of the armed
forces and so, for me, this was part of the mission that I had
signed up to as a career Foreign Service Officer.
I also joined the Foreign Service with the hope that
someday I would be a leader in the Department of State, and I
faced the question if at some point in the future, 10, 20
years, I was in a leadership position and was asked to send
junior Foreign Service Officers off to a war zone or other
difficult post I would have to be able to answer the question
where was I during my formative years as a Foreign Service
Officer when the war of Iraq and the war in Afghanistan was
taking place.
And so in addition to a duty to serve the President and his
foreign policy priorities, I also felt a responsibility to the
institution of the State Department, which made it an easy
decision.
It was by far the most difficult year of my life. That was
a particularly vicious time in that war. But there is not a day
that goes by that I regret the decision to serve.
Senator Kaine. And, Ms. Meehan, it was not just a difficult
time in the war. It was a difficult time for you personally.
Tell the committee.
Again, I do not want to probe unnecessarily but please tell
the committee about your experience during the year you were in
Iraq.
Ms. Meehan. Sure. It was a beautiful spring day and I was
outside on my cell phone talking with someone on the other side
of the Green Zone and I could hear the C-RAM go off--the alert
system--in a far part of the Green Zone.
But there was a rocket barrage and one of the rockets
landed close to where I was and I suffered a concussion,
hearing damage that lingers to this day, as a result of that
injury, which, to be clear, in the scale of the conflict and
the ultimate sacrifices that people made fighting in Iraq and
Afghanistan, it is minimal and inconsequential.
But this is part of the risk that we assume when we sign up
to work in the Foreign Service. It is something that we
acknowledge is a part of the commitment to serving the
interests of the United States and part of our commitment to be
worldwide available wherever the Secretary and the President
need us to serve.
Senator Kaine. I would like to think that if I were in a
similar circumstance and had had a very difficult experience,
for example, in Colombia, and then I came back and then there
was an opportunity to volunteer to go into a war zone, I would
like to think--I would like to think that I would have accepted
that responsibility and volunteered.
But I really cannot honestly say that I am sure I would
have, and that was a very patriotic and ennobling decision. You
continued to then serve patriotically for many more years in
the Foreign Service, for which we thank you.
But, again, I did not want to get into things that were
uncomfortable but I think this is really important for the
committee to know. Thank you for sharing that.
I yield back.
Senator Cardin. I think Senator Kaine speaks for every
member of this committee. Thank you for your response to that.
Senator Hagerty?
Senator Hagerty. I will speak for Senator Kaine as well to
say I feel certain that you would have volunteered if that
situation arose.
Ms. Meehan, I would like to just stay with you for the
moment, if I might, first, to thank you. For a first tour FSO
to have the experience you did in Colombia, I very much
appreciate and respect how that has, I am sure, informed your
decision-making process as you have continued to serve our and
I am sure it will continue to do so, going forward, if you are
confirmed.
I also want to acknowledge the fact--I understand you have
a three-year-old.
Ms. Meehan. Yes, Senator. Milly.
Senator Hagerty. If you are confirmed, I feel certain Milly
will have a most wonderful life-changing experience as she
grows into age--an age now that she will remember the
experience being with you and serving in a very important role.
I commend you and your family for that.
I would like, though, to turn to the influence of China in
Chile. In 2018, Chile agreed to join China's Belt and Road
Initiative. In 2019, Chile expanded its bilateral free trade
agreement with China.
In 2021, Chile joined the Asian Infrastructure Investment
Bank that China uses to mount its influence, and just a few
days ago Gabriel Boric was inaugurated as Chile's new
president, and a new president, a young president, a president
that, I think, would probably benefit greatly from the advice
of a United States ambassador.
I would like to get a sense for your understanding of the
strategic implications of China's role and how that will inform
your advice to that president as well as our policy there.
Ms. Meehan. Sure. Thank you very much for the question,
Senator.
In addition to all of the statistics and context that you
provided, it is important to note that China is also Chile's
number-one trading partner, having overtaken the United States
in 2009, and on the soft power side China has announced plans
to open Sinovac manufacturing and distribution centers in Chile
and also runs a network of 21 Confucius Institutes in the
country and, in comparison, the U.S. runs 14 American spaces in
Chile.
I think about approaching this issue with vigilance in a
number of ways. The first is, as you note, there is a new
administration. I think it is important to emphasize the
importance of Chile maintaining a business climate that is
based on respect for free trade, transparency, and democratic
good governance.
I think we need to use our position to emphasize the
advantages of engaging and doing business with U.S. companies
and I think part of that is contrasting it with the impact that
you get between PRC firms and U.S. firms in areas that are
shared values for the U.S. and Chile: environmental impact,
labor rights impact, debt, sovereignty, telecom, and data
privacy and security.
I would also underscore that investments that may seem
convenient and inexpensive at the outset can be extremely
costly----
Senator Hagerty. Yes.
Ms. Meehan.--if they compromise national security, and this
would be engaging with untrusted vendors as an example.
Senator Hagerty. I think China's role in their
telecommunications infrastructure is a concern that you and I
both share. I would just encourage you that if you are
confirmed that you would undertake a very direct and engaged
position with the business community, with the Chamber of
Commerce--the American Chamber of Commerce there--do everything
you can to convene American enterprises. We are their largest
foreign direct investor----
Ms. Meehan. That is correct.
Senator Hagerty.--regardless of the fact that we have lost
our--we have allowed China to take the pole position in terms
of trade.
There is opportunity there and I think an ambassador with
the right mindset can make a real difference, and the deeper
our economic ties the stronger our security ties will be.
I would encourage you to do that and would be happy to work
with you in that regard if I could be helpful in any way.
Next, I would like to turn to Dr. Nkengasong, and I
understand that you worked on public health issues for many
years, particularly in Africa.
And as a result of China's irresponsible and dangerous
mismanagement of COVID-19 the entire world is still suffering
from the consequences of this global pandemic. As the director
of the African Centers for Disease Control and Prevention, I
imagine you have had a view on China's role with respect to
COVID-19 and I would like to get your sense of what China's
role was with respect to the outbreak of COVID-19.
Mr. Nkengasong. Thank you, Senator.
I have served as the director of the Africa Center for
Disease Control and Prevention, which is a specialized
technical agency of the African Union, for five years, and I
was there as the second man from the U.S. Government to the
African Union, which they deeply appreciate that.
I think--let me start, first of all, with the recognition
that the leadership role that the U.S. has played in supporting
Africa in this COVID fight has been extraordinary, especially
with the support--the direct support provided to the Africa
CDC.
The data that has been analyzed throughout the continent
has been data analyzed with the support of the partnership with
the U.S. Government. Large case studies have been conducted
thanks to the efforts and direct technical assistance from the
U.S. Government.
The U.S. Government is the largest provider of vaccines
across Africa as we speak now, and thanks to that leadership,
the continent--and I can speak--reflect on the mood within the
African Union--is thanks to the support from the United States.
Now, we have to continue to work with WHO (World Health
Organization) and all our allies to make sure that we
understand the origins of COVID-19, the virus that caused this
pandemic, and we can only do that through cooperation and
support for a strengthened WHO so that it can enable us to get
into the depth of this.
If we do not know that, it will be very difficult for us to
prepare for the next pandemic and even so to get rid of this
current pandemic.
Senator Hagerty. I am surprised that you would look to the
WHO, given their role and their influence--the malign influence
that China has had at the WHO. But with reform perhaps that is
the correct answer. But thank you very much for your service.
Mr. Chairman, I am beyond my time here.
Senator Cardin. Senator Schatz?
Senator Schatz. Thank you, Mr. Chairman and Ranking Member.
Thank you to all of the nominees for your continued public
service.
First question for Dr. Muyangwa. How do you think about
climate adaptation, climate impacts? I am not asking you about
policy questions as it relates to energy generation, fuel,
anything like that.
But to the extent that USAID has a role in dealing with
extreme weather events, drought, and all the suffering that
goes along with that, is USAID downstream from all that and
just sort of servicing those problems or does it have a role in
sort of thinking through some strategies a little bit upstream
and a little bit more looking where the ball is going to be as
opposed to just responding to circumstances?
Ms. Muyangwa. Thank you, Senator.
I mean, that is a key question. I understand that the
agency is playing a key role in this area. Climate change is
one of the priorities for the Administration and, therefore,
for the agency as well.
To that regard, it is my understanding that the agency just
recently released a draft climate change strategy that is
looking at those different strategies and approaches of how we
engage--internationally on this issue of climate change.
I do not have visibility on the strategy but I do know that
the agency is working and figuring out how that strategy is
then embedded into the various programming and approaches that
it has on the continent.
Senator Schatz. Thank you.
Ms. Meehan, thank you for being willing to serve again. Can
you just talk to me about rare earth minerals and the
relationship that the United States has as it relates to the
materials that we need specifically for some of our high-tech
manufacturing and also the balance that we may have to strike
in terms of we, clearly, need these rare earth elements but
they are not inconsequential environmentally in terms of the
extraction?
Ms. Meehan. Yeah. Thank you very much for the question,
Senator.
The extractive industry is one that is extremely important
to Chile's economy. They are the number-one producer of copper
in the world and the number-two producer of lithium.
As you point out, lithium is sort of the conundrum in that
it is necessary to develop batteries and some of the other
things we need for clean energy but it is an extractive.
I think one of the ways that the United States can continue
to partner with Chile in this area is on promoting sustainable
development of critical minerals. We have deep U.S. mining
interests and business interests.
But I think our commitment to environmental safeguards, in
particular, referring back to Senator Hagerty's question, is a
competitive advantage for us when competing with PRC firms that
are looking to invest in this area.
Senator Schatz. Okay. That is a smart answer. Let me just
ask you another broader question. Where are the additional
opportunities for climate partnership?
Ms. Meehan. Sure. Chile has been a leader and is to be
commended, I think, on clean energy, environment, and climate
action. They use their----
Senator Schatz. And fisheries.
Ms. Meehan. And fisheries, yes. Marine protection, ocean
protection, fisheries down around Antarctica as well.
We have a strong foundation for collaboration already and I
think there is always opportunities to do more. They have an
ambitious hydrogen program to use hydrogen as a way to reduce
emissions from industry.
They are a leader in clean energy, solar, wind, which all,
obviously, have positive impacts for the environment and are
ripe for continued collaboration with the United States.
Senator Schatz. Final question. Reporters Without Borders
assesses that there is, quote, ``little pluralism'' in Chile
and that journalists are vulnerable. Do you share that
assessment and, if so, what should we do about it?
Ms. Meehan. Sure. Thank you for the question.
Chile has a commendable tradition of an open and free
press. President Boric, who just took office on Friday, has
made respect for human rights, democracy, and transparency
fundamental to his platform and so I would expect that this
would be an area where I would continue to make the U.S.
position on these issues known and would find an open audience
in the new administration.
Senator Schatz. Thank you very much.
Ms. Meehan. Thank you.
Senator Cardin. Senator Young had joined us by WebEx. Is
Senator Young--I understand that he is not available right now.
Senator Van Hollen, are you ready?
Senator Van Hollen. Thank you, Mr. Chairman. Thank you all
for your testimony and service. Congratulations on your
nominations.
Dr. Muyangwa, it is good to see a fellow Marylander here,
and I chair the Subcommittee on Africa and Global Health of the
Senate Foreign Relations Committee so I am especially
interested in your vision of what role AID can play in Prosper
Africa and other initiatives.
Could you just take a moment and talk about how you
envision USAID's new trade and investment program and how that
fits into Prosper Africa and any sort of changes in direction
or vision from the previous administration, if you were
confirmed?
Ms. Muyangwa. Thank you, Senator.
One of the things that I have witnessed over the years of
working in this space is how the United States Government has
expanded our economic engagement infrastructure with the
continent from one administration to the next.
Starting with AGOA, going on to President Obama's Doing
Business in Africa and the Trump administration's Prosper
Africa Initiative, I believe that that expansion gives us a lot
of opportunities to strengthen our economic engagement with the
continent to provide a rules-based alternative to--oh, the mic
was not on. Sorry. Sorry. To provide a rules-based economic
model that would counter what the PRC has to offer to the
continent.
I think there are plenty of opportunities there for the
agency to deepen that economic engagement and so that is a key
piece of that.
I also see the work that Power Africa is doing on the
African continent because I see Prosper Africa and Power Africa
working together to push and expand and deepen that economic
engagement.
The fact that Power Africa has now brought first time
electricity users to 127 million since its inception, I think,
that has implications for development. That has implications
for our engagement with the African continent and so those are
things that I would look to expand and build on, if confirmed.
The fact that Prosper Africa has now done, I think--I
believe it is 800 deals worth $50 billion in about 45 African
countries, and so if we continue to grow on that we really have
the opportunity to strengthen U.S.-Africa economic engagement
and counter the People's Republic of China at the same time.
Senator Van Hollen. I appreciate that, and we had a
hearing--our first hearing in the Subcommittee on Africa really
focused on these issues of economic opportunity for Africa with
its young population but also opportunities, of course, for
American businesses working with African businesses.
And one of the suggestions that came out of that hearing--
and I am just interested in your opinion. I do not have a
particular view on this. But is that we really need to focus
more on a sectoral strategy in order to be effective.
In other words, instead of simply saying we want to engage
across the board on all commercial relations, should we be more
strategic about it in terms of focusing on certain sectors with
respect to our trade and investment strategy?
Ms. Muyangwa. Sure, and I thank you very much for that
question. I believe the agency is looking at some of those
sectors already.
I understand, for instance, that the agency, together with
the DFC, have a project that they are working on to enhance
American investors' participation in West Africa's rapidly
growing housing sector.
And so I think there are different things that they are
looking at in that regard and I think that is work that should,
obviously, continue.
I do not have enough information on it to know whether
there are specific sectors beyond housing and the power sector.
But that is, definitely, something that I would want to look
into and see if that is a much more impactful strategy that we
could pursue.
Senator Van Hollen. Thank you. My time is very brief but I
did have a quick question for Dr. Nkengasong. Congratulations
on your nomination.
PEPFAR--my question is, obviously, we have an ongoing
challenge of fighting COVID-19. How does that impact, if at
all, your efforts with PEPFAR--the things we have learned from
that or the things that make it especially complicated now with
respect to PEPFAR, given what is happening in COVID?
Mr. Nkengasong. Thank you, Senator.
Senator Van Hollen. And I am afraid, for the good of my
colleagues, if you could keep it at 30 seconds because I know
others have questions.
Mr. Nkengasong. Absolutely. I think PEPFAR, Senator, has
created a tremendous public health infrastructure that has been
used effectively, thanks to your leadership, to fighting HIV/
AIDS in the world but also provides a unique opportunity to
fight other diseases, including COVID-19.
We have seen how--during this pandemic how COVID has
impacted our ability, some of our efforts, to fight HIV/AIDS.
But we have also seen how we have used HIV platforms to scale
up vaccination in countries like Zambia and others settings
there.
I believe this is really an opportune moment to harness
that investment that we have put in place for the last 20 years
to make it a more robust and efficient system in fighting the
HIV pandemic as well as other emerging diseases.
We all know in the field that there will be probably other
pandemics, but if we use the platforms efficiently we can
actually make an impact and get ourselves ready.
Senator Van Hollen. Thank you.
Thank you, Mr. Chairman.
Senator Cardin. I now recognize the Chairman of our
committee, Senator Menendez.
The Chairman. Thank you, Mr. Chairman.
Congratulations to all of you on your nominations. They are
all very important positions. Let me turn to Ms. Meehan.
President Boric has spoken out clearly on challenges to
human rights and democracy in Latin America and the Caribbean,
frankly stating that the repressive authoritarian regimes in
Venezuela and Nicaragua have failed--his words--and there are
permanent restrictions on freedoms in Cuba.
These are important and welcome statements by President
Boric and provide an opportunity for U.S. diplomacy on
democracy and human rights in our hemisphere.
If you are confirmed, how will you engage with President
Boric on democracy and human rights in Cuba, Venezuela,
Nicaragua, other countries in the hemisphere?
Ms. Meehan. Mr. Chairman, thank you for the question and
for the opportunity to appear before the committee today.
This is an area where we have a shared interest with
President Boric. As you noted, he has been strong in his
defense of human rights in the region and around the world
including the Russian invasion--condemning the Russian invasion
in Ukraine.
I think we have a unique opportunity with him. He has made
defense of human rights such a central piece of how he intends
to govern Chile and be active in the region that, I think, it
gives us an opportunity to approach him to be a new kind of
leader on the left in the region.
I am, particularly, heartened by the fact that he has
pushed back against members of his own coalition who have
disagreed with his statements condemning autocratic regimes in
the region and he has made a point of saying, I think in
response to their criticisms, that he will continue to condemn
human rights no matter the creed of those inflicting them upon
their people.
This is an area where I would plan to be actively engaged,
centering this concern and our engagement around a shared value
that the United States and Chile have and using it as an
opportunity for him to make a firm statement.
The Chairman. I am glad to hear that.
Now, in that regard, you were on a podcast in 2018 in which
you spoke about your role in shaping U.S. policy towards Cuba
during the Obama administration and you offered your personal
views.
Talking about Cuba, you said, quote, ``In the broad sense,
there is the sexiness of the history. There are assassination
attempts, the swarthy guerrilla commander who overthrows
Batista and takes over. Then there is the sultry mystery--the
forbidden fruit, if you will. You get to know this place on a
more intimate level and it is a charming, wonderful, enchanting
place.''
In referring to your talks with the Cuban regime, you also
say, ``If it takes sitting down at a table and really trying to
understand the other perspective even if you completely
disagree with it and being respectful and eating some pig and
drinking some rum, and that allows you to say there should be
space for internet and [speaks foreign language] or at least a
space to discuss it, then I would say that is progress.''
As you know, the Cuban regime has a decades-long record of
repressing, jailing, torturing, and killing its political
opponents. What aspect of the Cuban regime's human rights
record fits into the, quote, ``sexiness of history'' that you
mentioned?
Ms. Meehan. Senator, thank you--Mr. Chairman, thank you for
the question.
In my work as a career Foreign Service Officer, my role was
to carry out the policy of the President. I will never have the
knowledge of Cuba that you have. I will never have the personal
connection that you and thousands of other Cuban Americans
have. I acknowledge that.
I care deeply about the plight of the Cuban people, and if
anything I said in that interview led you to believe otherwise
I regret that, and I would like to state clearly for the record
today where I stand on this issue.
I believe that the Cuban people are entitled to choose
their own government, that they are entitled to the universal
human rights that everyone in the world is entitled to.
I believe that the regime needs to be held accountable for
systemic ongoing abuses against the Cuban people. Cuba is a
national security threat to the United States and a malign
influence in the region, and if confirmed as Ambassador to
Chile I will do everything in my power to advance U.S. policy
to help the people of Cuba by partnering with the Government of
Chile, and I would welcome, if confirmed, the opportunity to
consult with you on how we might encourage President Boric to
take a more active role.
The Chairman. So then since the historic protests of July
of last year where the Diaz-Canel regime jailed and sentenced
hundreds of Cubans, including minors, to lengthy prison terms
just for protesting peacefully, I assume that that was not part
of your assessment of what makes Cuba a, quote, ``charming,
wonderful, enchanting place?''
Ms. Meehan. Mr. Chairman, in my limited role working on
Cuba, the most meaningful aspect was getting to engage with
some of the Cuban people directly, organizing President Obama's
roundtable where I had the immense honor to meet courageous
people like Jose Daniel Ferrer, Berta Soler, Yoani Sanchez,
others who have fought and given way more than I can ever
understand in defense of their own rights.
That is what was most meaningful to me about my engagement
and, again, if any statements I have made took away from the
focus that should be on the suffering of the Cuban people and
the atrocities of the regime then I regret that, and I commit
to you that if I am confirmed for this position I will do
everything I can to fight to advance U.S. policy for the people
of Cuba.
The Chairman. I raise these questions--this morning the
full committee had a hearing on authoritarianism throughout the
world and democratic backsliding and what do we do about that.
Here is the epitome of authoritarianism, dictatorship, and
the consequences to people. And so I understand when one is a
Foreign Service Officer that they speak, but in some of these
comments it was not as a Foreign Service Officer. It goes to
who you are in terms of what you are thinking about, and that
is why I raise the question because if you are going to be in a
country in Latin America where, in fact, the president has
shown some willingness to engage in that direction and being an
advocate for human rights and democracy in the hemisphere, then
we need an ambassador who is going to echo that.
If I may, Mr. Chairman, I have one final question.
In December of 2013, I introduced the Nuclear Weapon-Free
Iran Act, a bill that was co-sponsored by 59 members of the
Senate, including Senators Schumer, Cardin, Coons, Booker,
Warner, Casey, Gillibrand, Manchin, Bennet, just to mention a
few.
As the NSC spokesperson, you responded to our initiative by
saying, ``If certain members of Congress want the United States
to take military action they should be up front with the
American public and say so.
``Otherwise, it is not clear why any member of Congress
would support a bill that possibly closes the door on diplomacy
and makes it more likely that the United States will have to
choose between military options or allowing Iran's nuclear
program to proceed.''
I want to understand. I want to get clarification here. Do
you, personally, believe that I, Majority Leader Schumer,
Senator Cardin, Coons, Booker, and our colleagues, by
introducing the bill, were pushing the United States to take
military action against Iran?
Ms. Meehan. Mr. Chairman, thank you for the question.
I was a career Foreign Service Officer, and in my capacity
as NSC spokesperson part of my responsibility was to issue
comments and statements that reflect the President's policies.
Those comments and statements are often the product of
interagency drafting and clearances way above my level. My
personal opinion, since you asked for it, to be clear, is,
first and foremost, that Iran can never be allowed to obtain a
nuclear weapon.
With regards to your second question, no, I do not believe
that. I served in Iraq, Senator, and I am very cognizant and
admired the tough vote that you took to oppose the war in Iraq
when it was a very unpopular decision.
I do not believe that you are someone who would advocate
for unnecessary military action.
The Chairman. You made that statement as a--as the essence
of an interagency process where, basically, you were told this
is the position we have and so, therefore, you were espousing
that position. Is that what you are telling me?
Ms. Meehan. Yes, Senator, that would be accurate.
The Chairman. That is a very insightful thing. And so I
would also believe you do not personally believe that we were
trying to close the door on diplomacy?
Ms. Meehan. Senator, I would hope that that no member of
the U.S. Congress would close the door on diplomacy.
The Chairman. I really appreciate your answers or insights.
That will go into my book for sure, and I thank you all. I have
questions for--I know there are other colleagues here--I have
questions. I will wait for Dr. Muyangwa as well.
Thank you, Mr. Chairman.
Senator Cardin. Senator Booker was with us by WebEx. Is
Senator Booker there?
[No response.]
Senator Cardin. If not, we will go to Senator Markey.
Senator Markey. Thank you, Mr. Chairman, very much.
And, Ms. Meehan, as a Boston College alumnus,
congratulations to you and your incredible career in the
Foreign Service and on the National Security Council.
We are very proud of you. We are very proud of Ambassador
Burns now in China----
Ms. Meehan. Yes.
Senator Markey.--doing a great job. Ambassador Hartley in
Great Britain. You are making the Eagles very proud--your great
work--and in Chile, it is getting more complicated and,
obviously, we need someone with great experience in order to be
able to navigate that pathway.
With Boric now inaugurated and this relationship that the
Chileans have with the Chinese, especially with regard to their
precious metals and not only the United States' but other
countries' need for them to make a clean energy revolution,
could you talk a little bit about that copper, lithium, China,
and the strings that they attach and what the United States
should be doing in order to rectify that fact?
Ms. Meehan. Sure. Thank you very much for the question,
Senator, and go Eagles, for the record.
Clean energy is an area where Chile has been a leader in
the region and they are to be commended for that. They have
made impressive commitments on becoming carbon neutral, phasing
out coal power plants, focusing on solar and renewable, clean
energy.
But extractives are also extremely important to the Chilean
economy and there are also significant U.S. business interests
in the mining sector in Chile, the number-one producer of
copper, the number-two producer of lithium in the world.
But I think that this is an area where the U.S. can work
with Chile to promote sustainable development of critical
minerals, which allows the Chilean economy to continue to grow,
which protects U.S. business interests in the mining sector but
also allows us to use our competitive advantage over the PRC,
which is our commitment to environmental safeguards and labor
rights.
I think it is an issue where there are multiple threads of
interest and priorities for the U.S. Government that we have a
very collaborative partnership to build on with the Chilean
Government.
Senator Markey. Thank you. And when President Kennedy gave
his speech at Rice University when the Soviets threatened to
take control of space that we needed a mission to invent new
metals and technologies, and to bring that mission back from
the moon in heat twice the intensity of the sun and get it all
done in eight years, and we did it.
The Russians are challenging us again with the Russian oil
and gas that too much of the West has become dependent upon and
we need a similar response.
But we are going to need to find a way of using our
relationship with countries like this as China seeks to exploit
those relationships.
Would you like to comment upon China's plan right now in
country after country, including Chile, to take
disproportionate control over those natural resources?
Ms. Meehan. Sure, Senator.
Chile--China--the PRC is Chile's number-one trading
partner. Chile is a member of the Belt and Road Initiative. We
see Chinese increasing PRC investment in critical sectors like
lithium production, telecom, ports, data security, renewable
energy, energy distribution, and space within Chile.
It is an area where we need to remain vigilant. I think
highlighting the advantages of doing business with the United
States, our commitment to environmental safeguards, labor
rights, the protection that is needed when dealing with data
privacy and sovereignty issues shows a clear advantage for the
United States over the PRC.
I also think it would be worthwhile and, if confirmed, I
would like to share the experience of the United States that we
have had with CFIUS.
This is a mechanism that has allowed us to identify
critical sectors, identify threats to those sectors, and
consider national security when making investment decisions,
and I think that could be an experience that would be worth
sharing with the Chilean Government.
Senator Markey. I thank you. And, again, your wisdom, your
experience, they are going to be critical. This is a turning
point in world history that we are living through right now and
we have to learn the lessons and implement a plan.
And, Dr. Nkengasong, how will you work with countries where
same-sex relations are criminalized to ensure that LGBTQI
persons are not shut out of receiving lifesaving health care
through PEPFAR?
Mr. Nkengasong. Thank you, Senator, for that. A very
important question.
Our goal in PEPFAR, if confirmed, Senator, should continue
to be focusing on the pandemic or epidemic by the year 2030.
That means using science and data-driven approaches to
follow where the virus is. I will say that--I mean, our mantra
should be follow the virus regardless of where it is because a
threat--the virus presence in any community or subcommunity or
individuals is a threat for all our efforts there.
I think, if confirmed, I would continue to advocate for the
use of effective data-driven approaches, regardless of people's
beliefs and practices, to fight the pandemic, and work with
countries that have policies in place that are adverse to this
and shed light on where the issues are, where they should focus
on fighting the virus, knowing that it is a threat for all of
us and it can undermine the 20 years of investment that we have
all put in place there.
I think, Senator, if confirmed, that is what I will do with
effective partnership with countries as much as possible to
advocate for the rights of people.
Senator Markey. And I thank you, and I thank you, Mr.
Chairman.
I just want to say that, without taking up any additional
time, that conversion therapy is now increasingly a practice in
countries around the world and I just want to make sure that
you are going to work to ensure that no PEPFAR implementer
discriminates against LGBTQI persons through such conversion
theory.
Mr. Nkengasong. Absolutely. That is what I am referring to,
Senator that we should focus what--the enemy is the virus, not
people. I think that is--that should be very, very evident and
I will--if confirmed, I will carry that as a mantra.
Senator Markey. I appreciate that, and I appreciate the
service of all of you here. Thank you so much.
Thank you, Mr. Chairman.
Senator Kaine [presiding]. Thank you, Senator Markey. We
will have a second round of questions now. I will begin with
Senator Menendez and then Senator Hagerty.
The Chairman. Thank you, Mr. Chairman.
In the last 18 months, coups have occurred in Mali, Chad,
Sudan, Guinea, and Burkina Faso, and attempted coups in Niger,
prompting alarm among policymakers about democratic backsliding
in Africa.
Dr. Muyangwa, what is your--in your view, what accounts for
the backsliding and how would you assess the effectiveness of
USAID's democracy and governance programs in Africa?
Ms. Muyangwa. Thank you, Senator.
Like you, I, and many other people who work in this space,
are very concerned about the trend for democratic backsliding
that we have seen across the globe, including Africa.
At the same time, even as the democratic backsliding is
occurring on the continent, what you are also seeing is a very
high demand from ordinary Africans for democracy.
The protests that have brought millions of Africans across
the continent into the streets demanding democracy, demanding
accountability for their government, that shows all of us that
that demand for democracy is alive and well and in all corners
of the continent.
I believe that the agency, USAID, is doing some good work
in terms of trying to support and make sure that we can arrest
this democratic backsliding. The investment that the agency is
putting in terms of strengthening democratic institutions,
strengthening or opening up the space for political
participation, trying to work with some countries on electoral
reforms, trying to ensure that we have a media that can play
its role addressing electoral violence, so that they have--the
agency has these programs in many countries that are
experiencing this democratic backsliding.
The Chairman. Let me----
Ms. Muyangwa. Having said that----
The Chairman. Yeah, I was just going to say, I am glad to
hear you say having said that because my time is limited.
Ms. Muyangwa. Sure.
The Chairman. Maybe this is where you are going to go next
when you say having said that.
Part of it is I want to understand, from your view as
someone who is nominated for this position, what is the--and it
does not have to be nice if it is not nice, okay--the
effectiveness of USAID's democracy and governance efforts in
African countries, what adjustments would you make if you were
confirmed?
Ms. Muyangwa. If I were confirmed, I think one of the
things we would want to look at is, really, looking at the new
ways that authoritarians and others are using to undermine
democracy, make sure we understand what those ways are, and
then looking at our toolbox to say do we have the right tools
in our toolbox to really go to the heart of these new ways of
undermining democracy, and looking at our toolbox to say how
can we amplify and consolidate some of the good work that the
agency is already doing.
I think it is that part of understanding the ways in which
democracy is being undermined and looking at the toolbox.
The Chairman. Can I get a commitment from you that you
would engage with my staff on proposed changes to our democracy
and governance programs in Africa to address this challenge?
Ms. Muyangwa. Absolutely. I can commit to continuing to
consult with the committee and your staff on this issue.
The Chairman. Okay. And, finally, Senator Kaine and I met
with a series of members of the Ethiopian community last night,
particularly, Tigrayans.
What do we do in a place like Tigray where, in fact, from
my perspective, we have a genocide going on? We are seeing the
slaughter. We saw a video of live people being burned.
I know we are focused on Ukraine, as we should be. But we
cannot let the rest of the world think that they can get away
with what they are doing because we are somehow diverted.
What do we do in a--what do we do in a country like that?
How do we work to, first, get humanitarian assistance and then,
of course, to develop a dialogue that brings us to a political
solution?
Ms. Muyangwa. Sure. Thank you, Senator. The situation in
northern Ethiopia is a difficult one and the images that you
were talking about, I think, we all saw those horrifying images
this past weekend.
It is a tough question. I believe that the U.S. Government,
including members of this committee, hitting all of the
pressure points that I can see from where I sit, urging the
political leadership to find a political situation to the
situation, pressing on justice and accountability, ensuring
that the Ethiopian and Tigrayan Government--sorry, the
Ethiopian and Eritrean Governments focus on justice and
accountability to ensure that those who are committing these
gross violations are held to account, ensuring that national
and international investigations can occur unfettered--the U.S.
Government, including the agency, continue to press for
unfettered humanitarian access.
I think continuing on all of those fronts needs to move
forward, and if I were confirmed, that is--I would continue on
those efforts on the humanitarian assistance, in particular.
The Chairman. We look forward to your confirmation as well
as that effort, and we need our Government to double its
efforts in this regard.
I think if this was happening in some other part of the
world there would be a hue and outcry. It is happening in
Africa and so, therefore, it does not quite seem to have the
same outcry. My conscience will not be blotted by not raising
it and continuing to drive our own country to deal with it.
Thank you very much.
Senator Kaine. Senator Hagerty?
And then Senator Coons.
Senator Hagerty. Thank you, Mr. Chairman.
Dr. Muyangwa, I would like to turn to you, if I might, and
talk about the Prosper Africa Initiative. I was very pleased to
learn that in July of last year this program that was launched
back in 2019 is going to be extended. When the program was
first enacted, it was promoting trade, commercial ties, and
investment across Africa.
It is all done with an aim to provide a more viable
alternative to the malign influence that China and Russia both
purvey there in Africa.
And I would like to ask you how would USAID best leverage
the private sector--the American private sector, which is a
huge source of competitive advantage for us here--how would
USAID leverage our private sector to better counter the malign
influence of China and Russia in the region?
Ms. Muyangwa. Thank you very much, Senator, for that
question.
I believe that Prosper Africa has already laid a solid
foundation in terms of what it has accomplished to date--the
800 deals that it has already done with $50 billion--worth $50
billion--and I think building on that is going to be critical.
I think there are a number of ways that that can be
leveraged. From my perspective, I think some of those ways
include creating an environment in which American companies
feel that their investments would be secure. Part of that is a
regulatory framework.
I think in reducing the barriers to trade--that trade and
investment that exists--and, really, just working to deepen
some of the financial and capital markets.
I think there is a lot of space still in that area, but
also just making American companies comfortable with the sense
that their--they can invest in Africa safely and that they will
yield a return on that investment.
I think all of those are key elements that the agency can
continue to push on. But I think----
Senator Hagerty. I could not agree with you more, and I am
a very strong proponent of deeper economic ties because they
lead then, certainly, to stronger security ties.
Ms. Muyangwa. Absolutely.
Senator Hagerty. I applaud your perspective on that and
hope that you will continue to focus particularly on how to
engage the private sector as an important partner in that
initiative.
Ambassador Gonzales, I might turn to you now to talk about
how Afghanistan is going to be represented in the United
Nations.
In December, the United Nations General Assembly adopted a
resolution to delay a decision on who will represent the
Government of Afghanistan in New York. The Taliban, of course,
seeks to replace the envoy from the Afghan Government.
The Afghan Government's current envoy was appointed by the
democratically-elected people of--the democratically-elected
Government of Afghanistan. We do not know how long this
decision will be deferred at the United Nations.
But in your prospective role at OFM, what factors would
influence the extent of the services, if any services, that you
would provide to a Taliban-controlled Afghanistan mission to
the United Nations in New York?
Ms. Gonzales. Thank you very much for that question,
Senator, and I share your concerns about Afghanistan and the
Taliban.
I thank Congress, as I did earlier, Senator, for passing
the Office of Foreign Missions Act and providing us with those
tools that we can use to regulate the activities of foreign
missions here in the United States.
If I were confirmed, you have my commitment that I will
work to protect U.S. national security, foreign policy
interests, and I look forward to working with you, Senator, and
the Congress and our other national security stakeholders to
look into these issues and how--and determine how to address
these issues in the best manner.
Thank you, sir.
Senator Hagerty. Would you would you consider, for example,
restricting the travel of diplomats from a Taliban-elected
government the way we do diplomats from Iran or North Korea?
Ms. Gonzales. Thank you, Senator Hagerty.
We do have travel restrictions, as you noted, and if
confirmed, I, certainly, would in consultation with our other--
with yourself and our other national security stakeholders.
Senator Hagerty. Thank you.
Ms. Gonzales. Thank you.
Senator Hagerty. Thank you, Mr. Chair.
Senator Kaine. Senator Coons?
Senator Coons. Thank you, Acting Chairman Kaine and Acting
Ranking Member Hagerty.
Thank you to the four nominees who are before me. It is
great to have an opportunity to question you. I look forward to
supporting your nominations and to working with you.
If I could, Ambassador Gonzales, just briefly, if
confirmed, how would you improve the Office of Foreign
Missions' work with local law enforcement to ensure the proper
delivery of consular notifications to foreign nationals in the
United States?
Ms. Gonzales. Thank you for that question, Senator Coons.
I would work--I know that our various offices of--our
various offices throughout the United States work very closely
with local authorities, municipal governments, and state
governments as well as foreign missions located throughout the
United States.
If I were confirmed, I will, certainly, travel to these
areas and continue OFM's outstanding work in establishing--in
communicating their relations with the various embassies and
diplomatic missions throughout the United States.
And, of course, Senator, I welcome your advice and your
partnership.
Senator Coons. Thank you.
Dr. Muyangwa, I would be interested in your thoughts both
on the DFC--the Development Finance Corporation--and how we
might strengthen its ability to partner with our vital allies
to crowd in private finance and to contribute to the
transparent and sustainable development of Africa and, thus,
sort of build out a little bit Prosper Africa.
And given all your deep experience across the continent,
what do you think the Administration's signature initiative
might be as we prepare for the U.S.-Africa Leaders Summit later
this year?
Ms. Muyangwa. Thank you, Senator.
I think there are a lot of opportunities for USAID to
collaborate with the DFC and that is already underway in many
ways. I understand that USAID is working with the U.S.
Development Finance Corporation to implement Prosper Africa and
Power Africa.
That is a good mechanism for harnessing the 17 agencies
that work together to make sure that everybody is pushing in
the right direction.
The work that the agency has working with the DFC to invest
in vaccine manufacturing facilities across Africa to ensure
that Africa can respond to the next pandemic, I think, is key--
these two manufacturing facilities that they have in Africa and
India, which will produce 2 billion COVID vaccines, mostly for
the developing world, and then there is the pioneering
investment vehicle that I talked about that is looking at how
Americans can invest in West Africa's rapidly growing housing
sector.
And so I think all of those opportunities that provide an
opportunity to, really, leverage and crowd in the private
sector that can continue and be expanded upon.
Senator Coons. Thank you.
Dr. Nkengasong, thank you for your dedication to
international public health. This is a particularly critical
moment for us to remain vigilant and engaged around COVID-19
but to not forget that there continues to be public health
challenges such as ones you have long addressed and that PEPFAR
is a great example of a successful U.S.-led bipartisan approach
to global public health.
I would be interested in your view. The Biden
administration has agreed to host the next replenishment of the
Global Fund to Fight AIDS, Tuberculosis, and Malaria.
Has COVID-19 negatively or positively impacted
international efforts to combat some of the most deadly
infectious diseases in the world, including HIV/AIDS?
Mr. Nkengasong. Thank you, Senator.
It is obvious, Senator, that in the last two years the
COVID-19 pandemic has been extremely disruptive and has,
really, taken over the space and crowded the attention that
other serious pandemics--i.e., HIV and other endemic diseases
like malaria and tuberculosis used to happen.
If confirmed, Senator, it will be my goal to make sure that
we work with our partner countries to elevate and make sure
that they understand that HIV is still a serious threat and a
threat that if we do not pay enough attention to it the gains
that we have made over the last 20 years may significantly be
disrupted.
But it also offers a unique opportunity, as I said earlier,
that the platforms that we have all put in place, including
developing public-private partnerships--one of those, I recall,
you engineered with Siemens several years ago when I was still
at the U.S. CDC--bringing the private sector and other
foundations to help with the efforts there.
I believe what are called--if confirmed, I will promote
this lot--what are called Partnership For Action, which means
that you bring all the foundations, their private sector,
together so that we can continue to elevate the fight against
HIV/AIDS, which is, as I believe and I have said, a serious
security threat for countries that we support.
Senator Coons. Thank you, Doctor. And if I could, with the
forbearance of the acting chair--and by the way, just while I
have two members here, I just--we failed to fund the COVID
supplemental and it is something, I think, is desperately
needed globally before we see another variant emerge.
If I could, Ms. Meehan, thank you for your service under
both the Bush and the Obama administrations. I know you have
been asked at length about the challenges of the U.S.-Chile
relationship, about how you would address China, which remains
Chile's largest partner, and the new president, Gabriel Boric.
I would be interested in your comments on the U.S.-Chile
astronomy partnership and its potential, and then just how you
would advise us on sort of the future of the left-right divide
in Latin America and what the United States, in working more
closely, hopefully, with the new administration in Chile can do
to help sort of reset some of the expectations about U.S.-Chile
relationships.
Ms. Meehan. Sure. Thank you, Senator, for the questions.
Astronomy--so the United States has a bilateral science and
technology agreement with Chile. Chile is a leader in this
area. The Atacama Desert provides some of the richest
environments for astronomy and research anywhere in the world.
The U.S. is already a strong partner in these efforts, and
what I find particularly exciting about opportunities and, if
confirmed, what I would seek to expand on is that this is not
just a government-to-government opportunity.
It is a way to bring in private-public partnerships, a way
to include academia, entrepreneurs and, I think, given the need
to focus on STEM in the United States and getting young people
excited about science and technology, astronomy offers an
interesting way to involve school-to-school and other people-
people exchanges as a way of strengthening that already strong
partnership.
With regards to your question about the left, President
Boric has been in office only for a few days but we have
already seen from him a strong defense of human rights, and
what I have found particularly heartening is that he has made a
point of saying that he will condemn violations of human rights
whatever the creed of the government violating them.
He has spoken out strongly against autocratic tendencies in
Nicaragua and Venezuela, and in defense of the Cuban people
following the July 11th protests of last year.
I think this really represents an opportunity for the
United States to say this is a shared goal and he has an
opportunity to define a new model for what being a leader on
the left really means in Latin America these days.
And, if confirmed, I would very much look forward to
engaging with President Boric and his administration on this
important issue.
Senator Coons. Thank you, Ms. Meehan. Thank you very much,
Mr. Chairman.
Senator Kaine. Just a few last items.
Ambassador Gonzales, I just wanted to say the position at
Office of Foreign Missions is very important in Virginia. Not
only is such a high percentage of our State Department
personnel living in Virginia but a very high percentage of the
members of foreign missions posted to the Washington area live
in Virginia.
I will never forget meeting President Duque of Colombia for
the first time and he said, you know, I have followed you since
you were mayor of Richmond. And I said, why would you do that?
He goes, because I was living in northern Virginia for many of
the years when I was posted here, I think, to the World Bank
before getting into electoral politics in Colombia.
The operation--the efficient operation of these missions
matters a lot to Virginians. The health and safety of our
Virginians who are deployed overseas but own houses in Virginia
matter a lot so your position is really important to my
commonwealth and I just wanted to put that on the record that
it is not just about things thousands of miles away. There is a
home audience that really cares about the work of your office.
Dr. Muyangwa, I just want to associate myself with comments
made by Senator Menendez about just the tragedy in Ethiopia,
and nobody has been more active on this than Senator Coons. He
has done just yeoman's work to try to leverage assets of the
United States to bring relief to suffering in Tigray and
elsewhere in Ethiopia and find a path forward to negotiation
and peace.
Your opening statement was very vivid as you described your
excitement and your recollection of seeing grain delivered in
bags with the USAID label emblazoned on them. One of the
significant challenges now in Ethiopia is difficulty of
delivering humanitarian aid in the midst of a crushing famine.
And so I would look forward to working with you, should you
be confirmed, to make sure that we are really leaning forward
on the humanitarian efforts there.
And then finally, Ms. Meehan, I wanted to ask you one more
question about Chile. I understand that before you were in
Foreign Service you had a first career in finance on Wall
Street, and I actually think--I think it was Senator Hagerty
who was asking you questions about the U.S.-Chile trade
relationship.
We had been number one. China is number one, but we still
have significant economic ties. How would that finance
background be of assistance, should you be confirmed?
Ms. Meehan. Sure. Thank you for the question, Senator
Kaine.
As you noted, I started my career on Wall Street, and I
think this is a particularly critical time for U.S. engagement
with the Government of Chile to defend U.S. business interests.
Not only do we have a new administration where the
president has made commitments to the Chilean people about
expanding equality that will require some tradeoffs with fiscal
decisions, we also have a constitutional convention that is
rewriting the entire constitution from scratch.
I think it is a critical time for U.S. engagement and, if
confirmed, this would be one of my highest priorities. I would
routinely engage with the U.S. business community, with the
AmCham, with members of Congress, to understand what the
priorities of the U.S. business community are and to understand
what their concerns are.
I would relay those concerns on a regular basis to the
Government of Chile. I would be a firm supporter and advocate
for maintaining adherence to the Free Trade Agreement as they
undertake a lot of these legislative and regulatory reforms,
and I would also encourage the Government of Chile to engage
directly with industry representatives as they are considering
legislative and regulatory changes to understand directly from
business what the impact will be on U.S. investment and,
frankly, the broader investment climate because in order to
deliver on the equality that he has promised for the Chilean
people, President Boric will need to manage that with good
fiscal policy because he cannot achieve those goals without a
robust economy to fund it.
Senator Kaine. Thank you very much.
To all of the witnesses, congratulation on your
nominations. The record of this hearing will remain open till
close to business 5:00 p.m., Friday, March 18th, for colleagues
that want to submit questions.
I would encourage each of you, should questions be
submitted to you, that you respond promptly.
And with that, the hearing is adjourned.
[Whereupon, at 3:32 p.m., the hearing was adjourned.]
----------
Additional Material Submitted for the Record
Responses to Additional Questions for the Record Submitted
to Bernadette M. Meehan by Senator Robert Menendez
Anomalous Health Incidents
Question. I am very concerned about directed energy attacks on U.S.
Government personnel (so-called Anomalous Health Incidents). Ensuring
the safety and security of our personnel abroad falls largely on
individual Chiefs of Mission and the response of officers at post. It
is imperative that any individual who reports a suspected incident be
responded to promptly, equitably, and compassionately.
Do you agree these incidents must be taken seriously, and pose a
threat to the health of U.S. personnel?
Answer. Yes. I take nothing more seriously than the health and
security of the people who will work with me, should I be confirmed.
The interagency community continues its examination of a range of
hypotheses. Secretary Blinken prioritizes the Department's response to
Anomalous Health Incidents (AHIs), setting clear goals for the Health
Incident Response Task Force to strengthen the Department's
communication with its workforce and providing care for affected
employees and family members.
Question. If confirmed, do you commit to ensuring that any reported
incident is treated seriously and reported quickly through the
appropriate channels, and that any affected individuals receive prompt
access to medical care?
Answer. Yes. If confirmed, I will do everything possible to ensure
that employees who report a possible AHI receive immediate and
appropriate attention and care and the incident is reported through
appropriate channels.
Question. Do you commit to meeting with medical staff and the RSO
at post to discuss any past reported incidents and ensure that all
protocols are being followed?
Answer. Yes. If confirmed, I will take nothing more seriously than
the health and security of the people working at U.S. Embassy Santiago.
I commit to working with health and security officials and other
parties as recommended to establish and maintain appropriate protocols
and ensure a healthy working environment for both Americans and local
staff.
__________
Responses to Additional Questions for the Record Submitted
to Bernadette M. Meehan by Senator James E. Risch
Question. Many U.S. Missions have been under enormous stress over
the last few years, in large part due to COVID. What is your
understanding of morale throughout Mission Santiago?
Answer. Overall, Mission morale has been resilient in the face of
COVID-19 restrictions and challenges. I understand that Embassy
leadership did an excellent job maintaining morale during the strict
shutdowns mandated by Chilean authorities in 2020 and the move back to
in-person engagements in 2021. The Charge d'Affaires was widely
commended for his proactive communication with the Country Team and
Embassy community. Chile has the highest vaccination rate in the world,
and nearly 100 percent of eligible U.S. employees and 95 percent of
local Embassy staff are fully vaccinated. Restaurants, businesses,
workplaces, and schools are open, and the Embassy conducts in-person
official engagements and activities, while following U.S. and Chilean
Government guidance on masking and social distancing.
Question. Many U.S. Missions have been under enormous stress over
the last few years, in large part due to COVID. How do you intend to
improve morale at Mission Santiago?
Answer. As Embassy Santiago, like many Missions around the world,
emerges from a period of stress and isolation due to COVID-19, I will
prioritize, if confirmed, personal engagement with the Embassy
community--with an emphasis on listening so I can best understand
concerns and priorities. If confirmed, I will be the first Ambassador
to lead Embassy Santiago in more than three years, and I will build on
the excellent work of the Charge d'Affaires to prioritize communication
through regular, Mission-wide Town Hall forums and dedicated office
hours for more personal conversations. Finding ways to celebrate the
accomplishments of team members will also be a focus, including
contributions by Locally Engaged Staff. The well-being of families is
key to Embassy morale, and I look forward to being a frequent
participant at events coordinated by the Community Liaison Officer.
Question. Many U.S. Missions have been under enormous stress over
the last few years, in large part due to COVID. How do you intend to
create a unified Mission and vision at Mission Santiago?
Answer. To be successful, Embassy Santiago must work towards shared
objectives, and all agencies and individuals must understand how they
contribute to them. I understand that the Embassy is developing a new
integrated country strategy (ICS) with the input of all agencies at
post that aligns with the Administration's priorities. If confirmed, I
would use the ICS process to invest all team members in the unified
vision--not just Agency and Section heads--by prioritizing
communication and feedback, and creating diverse, inclusive interagency
teams to accomplish the resulting objectives.
Management is a Key Responsibility for Chiefs of Mission
Question. How would you describe your management style?
Answer. My management style is approachable, inclusive, and
engaged. I lay out clear objectives and motivate individuals while
creating a strong sense of community and shared purpose among the
entire team. If confirmed, my focus on the wellbeing of the community
will include families of Mission personnel. I strive to provide clear
direction and give people autonomy, while always being available to
offer guidance and feedback, and I will welcome feedback from all
members of the Embassy community. I treat all team members with respect
and will foster a culture that emphasizes respectful feedback and
celebration of accomplishments throughout the Mission. I care deeply
about supporting professional development and have a particular
interest in nurturing future leaders within the Embassy community.
Question. Do you believe it is ever acceptable or constructive to
berate subordinates, either in public or private?
Answer. No, I do not believe it is ever acceptable or constructive
to berate subordinates, either in public or in private.
Question. How do you envision your leadership relationship with
your Deputy Chief of Mission?
Answer. The Ambassador's relationship with the Deputy Chief of
Mission (DCM) is a partnership that is critical to the success of any
Embassy. If confirmed, I intend to partner with my DCM to create an
environment where all team members feel empowered to achieve the
Mission's goals and take pride in their work.
Question. If confirmed, what leadership responsibilities do you
intend to entrust to your Deputy Chief of Mission?
Answer. If confirmed, I will empower my Deputy Chief of Mission
(DCM) to act as a Chief Operating Officer who will oversee the day-to-
day operations of the Embassy. These responsibilities will include
leading the Emergency Action Committee and other Embassy working
groups, as well as supporting employee-led initiatives, including
diversity and inclusion efforts. I believe deeply in professional
development opportunities and will ask the DCM to lead leadership
development and mentorship programs for all levels of staff, both
American and locally employed. I will also ask the DCM to support
efforts of the Community Liaison Officer to maintain the well-being of
the broader Embassy community, including families. I view the
Ambassador and DCM as partners, and intend to have a close,
collaborative relationship where the DCM is encouraged to provide
feedback and guidance to me on a wide range of issues.
Question. The Department has a well-established system for
providing regular, ongoing feedback through formal counseling sessions
and employee evaluation reports (EERs). If confirmed as Ambassador, it
will be essential for me to establish clear expectations and guidelines
for all Embassy personnel, both American and locally employed staff, to
ensure employees are performing as a team and at the highest level.
Do you believe that it is important to provide employees with
accurate, constructive feedback on their performances in order
to encourage improvement and reward those who most succeeded in
their roles?
Answer. Yes. If confirmed, I will make it a priority to provide
employees with accurate, constructive feedback on their performances to
encourage improvement and reward those who most succeeded in their
roles. I will also ensure that this is a priority for all Embassy
managers.
Question. If confirmed, would you support and encourage clear,
accurate, and direct feedback to employees in order to improve
performance and reward high achievers?
Answer. Yes. If confirmed, I will support and encourage clear,
accurate, and direct feedback to employees to improve performance and
reward high achievers.
Question. It is imperative that U.S. diplomats get outside of posts
abroad to meet with local actors, including host government officials,
non-government organizations, and fellow foreign diplomats stationed in
Chile.
In your opinion, do U.S. diplomats get outside of our Embassy walls
enough to accomplish fully their Missions?
Answer. It is important for diplomats to get outside of Embassy
walls and engage with more people to accomplish the Mission. I
understand that Embassy Santiago has a very positive relationship with
civil society, the private sector, host government officials, and
fellow foreign diplomats, and if confirmed I hope to continue these
constructive relationships in pursuit of our goals. The current staff
of the Embassy travel throughout the country and, if confirmed, I plan
to visit each region of Chile personally and will encourage Embassy
staff to frequently get out of the Embassy to meet with our
interlocutors.
Question. How do you intend to improve the ability of U.S.
diplomats to better access all local populations?
Answer. Accessing local populations is key to meeting our
objectives. The COVID-19 pandemic significantly changed the way Embassy
Santiago engages with local communities, by using virtual and hybrid
engagements to maintain communication. If confirmed, I will work with
the Embassy's health unit and regional security office to ensure our
diplomatic staff can safely access all local populations in person when
needed and with our public affairs section to continue to incorporate
online engagements to reach more people outside of the capital of
Santiago.
Question. Public diplomacy is an Important Aspect of U.S. Foreign
Policy Efforts, What is the public diplomacy environment like in the
Chile?
Answer. Chileans have a strong baseline affinity for the United
States and are receptive in general to U.S. points of view. Chile
enjoys a free and professional press, though overall public trust in
the media has been decreasing according to public opinion surveys.
Traditional media ownership is highly concentrated, but new digital
media outlets are gaining traction. Embassy Santiago operates 14
American Spaces throughout Chile as a key platform for people-to-people
engagement, including in areas that are increasingly influenced through
the People's Republic of China's (PRC) 21 Confucius Institutes. The
United States engages in a wide range of educational, cultural, and
professional exchanges and programs in Chile to build people-to-people
relationships, promote economic ties, and enhance institutional and
civil society networks.
Question. What public diplomacy challenges do U.S. diplomats face
there?
Answer. While nearly seven in ten Chileans expressed a favorable
opinion of the United States, around half of Chileans expressed
favorable views of the People's Republic of China (PRC), which is
aggressively trying to expand its influence in Chile through a network
of 21 Confucius Institutes, outreach by the ambassador, and a robust
media campaign including paid advertising. U.S. public diplomacy
efforts to counter the PRC's influence campaign in Chile are focused on
highlighting our shared values, security interests, and commercial and
academic links.
The low rate of English language fluency, and Embassy Santiago's
limited resources to help the Chilean Ministry of Education improve
English language teaching, present additional challenges.
Question. How do you balance the importance of Main State versus
the in-country Mission when it comes to tailoring public diplomacy
messages for foreign audiences?
Answer. Our countries share many of the same values and priorities,
and Chile has the capacity to help advance those priorities. To do so,
it is critical that the Embassy tailors Washington messaging in a way
that demonstrates our expectations and belief that Chile can and should
be an equal partner and regional leader. Based on their expertise of
the Chilean media environment and public, Embassy Santiago's Public
Affairs team is well suited to convey U.S. policy objectives in a way
that preserves Department goals while gaining maximum traction with the
Chilean public. Depending on the topic and target audience, some
messages are more effective coming from Washington voices. If
confirmed, I will ensure that the Embassy and Washington continue to
work closely together to not only get the message right but also the
messenger.
Question. ``Anomalous health incidents'', commonly referred to as
``Havana Syndrome'', have been debilitating and sidelining U.S.
diplomats around the world for years. They have caused serious,
negative consequences for U.S. diplomacy, yet many believe that the
Department is not doing enough to care for, protect, and communicate to
its personnel.
If confirmed, do you commit to taking this threat seriously?
Answer. Yes. If confirmed, I commit to taking this threat
seriously.
Question. If confirmed, do you commit to talking as openly as you
can to Mission Santiago personnel?
Answer. Yes. If confirmed, I commit to talking as openly as I can
to Mission Santiago personnel. I believe it is important to communicate
regularly and transparently with all elements of the Mission.
Question. China is building a logistics base in Tierra del Fuego,
Argentina, near the Chilean border. Please describe your concerns with
this logistics base and growing Chinese presence in Argentina and Chile
in particular.
Answer. The U.S. Government does not discourage or prohibit
countries from working with the People's Republic of China (PRC),
however we are concerned about its growing number of projects in
critical infrastructure and sensitive sectors in the region, including
investments in lithium production, energy distribution, telecom, space,
and renewable energy in Chile. The United States and Chile share a
close relationship based on shared values. Both countries also
recognize the benefits of working together on issues of common
interest, including economic growth; clean energy development;
cooperation on science, technology, and innovation; access to quality
education; improved natural resource management; biodiversity
conservation; and environmental enforcement and facilitating trade.
If confirmed, I will continue our collaboration with Chile in these
critical sectors and ensure that I voice U.S. concerns about the
national security implications of potentially risky or sensitive
projects with the PRC. Embassy Santiago will also continue to promote
transparency, cooperation, and international security to strengthen our
bilateral relationship in the process.
Question. What tangible efforts should Chile pursue to counter
malign Chinese presence?
Answer. Chile is a democratic country with strong institutions and
a positive relationship with the United States in terms of shared
values and common interests. If confirmed, I will continue to foster
our relationship to promote fair labor practices, human rights, and
strong environmental policies. I believe Chile's commendable tradition
of openness, combined with a robust national security-focus investment
screening regime, would help to protect Chile's critical infrastructure
and sensitive technologies, as well as Chile's attractiveness to
foreign investors. If confirmed, I will work with the committee on
Foreign Investment in the United States (CFIUS), chaired by the
Treasury Department, to build understanding with the Chilean Government
about the CFIUS process and best practices in foreign investment
reviews. I will also advocate for a continued business climate in Chile
that is based on respect for free trade, transparency, and democratic
good governance.
Question. If confirmed, how would you engage the Chilean public
about their constitutional reforms?
Answer. The Constitutional Convention is a sovereign process that
allows the people of Chile to weigh in on the future path that their
country will take. Chile continues to serve as a model for the Western
Hemisphere as its people channel their discontent into a peaceful,
democratic, and transparent process. If confirmed, I will convey
respect for the Chilean people to determine the nature of their
constitution and express faith in the Chilean people's dedication to
democratic principles. If the new constitution is approved, I will
ensure that it is clear to both the Chilean public and government that
the United States will continue to deepen our strong bilateral
cooperation as Chile moves forward under its new constitution.
Question. What implications do you see for the bilateral
relationship if the constitution moves away from the rules-based order
built over the past forty years?
Answer. Chile continues to prove itself as an example of a strong
democracy, rooted in the safeguarding of human rights and rule-of-law.
Chile is deeply committed to the promotion of human rights and
democratic principles on a global level, and a strong proponent of
rules-based open trade, both in bilateral and multilateral settings.
President Boric emphasizes his administration's commitment to holding
all human rights abusers accountable, regardless of a leader's
political affiliation. Although we do not yet know the outcome of
Chile's Constitutional Convention, the Biden-Harris administration is
optimistic that the new constitution will reflect Chile's steadfast
commitment to these principles as the United States deepens its robust
political and economic cooperation with the Boric administration based
on our shared values.
Question. Please describe your assessment of Chile's role in the
mass migrations taking place across Latin America?
Answer. As host to a growing population of approximately 500,000
Venezuelan migrants and 180,000 Haitian migrants, Chile plays an
integral role providing humanitarian support to migrants in country, as
well as an important leadership role in addressing this crisis
regionally. For example, during the Regional Migration Ministerial held
in Bogota, Colombia, in October 2021, Chile supported the Ministerial
statement to advance more humane migration management policies in the
region. The new Foreign Minister, Antonia Urrejola, publicly stated
that Chile must play a leadership role in coordinating the regional
response and indicated that Chile will adopt the Global Compact for
Safe, Orderly, and Regular Migration. Migrants from the region continue
to view Chile as a destination that offers economic opportunity. A
migration law passed in April 2021 offered a pathway to legal status
for irregular migrants, but some civil society organizations expressed
concern that bureaucratic obstacles still prevent some migrants from
regularizing their status.
Question. How would you engage with the Chilean Government to have
a more productive role in migration management?
Answer. The United States is negotiating a non-legally binding
bilateral Migration Arrangement with Chile, as well as with several
other key partners throughout the hemisphere. Each bilateral
Arrangement is expected to draw from a common framework of priorities
on stabilization of migrant and refugee-receiving communities,
expansion of legal pathways for migration and protection, and increased
humane migration management. The proposed bilateral Migration
Arrangement with Chile provides a mechanism to urge Chile to take on
greater responsibility to humanely manage migration and expand the
reach of our collaborative efforts throughout the hemisphere. If
confirmed, I will work closely with the Government of Chile, civil
society, and international partners to make progress on this issue.
Regional Politics
Question. What do you view as the biggest challenge to regional
stability in Latin America?
Answer. One of the most prominent challenges to regional stability
is the gap between the aspirations of the people of the Americas for
improved social and economic conditions, more inclusive democracy, and
greater opportunities and the capacity of governments to meet those
expectations. Frustration with weak and ineffective governance and
corruption create opportunities for populist and authoritarian actors
to take advantage of that frustration to gain power. Chile's strong
institutions and leadership can help address this challenge.
Transnational organized crime represents a continuing threat as well.
Trafficking in Persons
Question. In the State Department's 2021 Trafficking in Persons
Report, Chile was identified as Tier 1 for its ongoing efforts to
combat human trafficking in-country but there are still areas of
improvement such as increasing lenient sentencing for traffickers.
What is your assessment of this issue?
Answer. Chile met the minimum standards for the elimination of
trafficking and demonstrated serious and sustained efforts to combat
trafficking. However, lenient sentencing means that many convicted
traffickers receive only probation without time in prison, which
creates potential safety concerns for trafficking victims, weakens
deterrence, and undercuts Chile's wider efforts to fight trafficking.
Nevertheless, the Chilean Government identified more trafficking
victims in the last reporting period, established a new specialized
anti-trafficking investigative unit, and expanded the capacity of an
existing specialized unit--all positive efforts. If confirmed, I will
continue to work with the appropriate authorities to ensure Chile
continues to make progress in its efforts combating sex and labor
trafficking.
Question. If confirmed, how will you work with the office of the
Ambassador-at-Large to combat and monitor trafficking in persons to
improve anti-trafficking efforts in Chile?
Answer. If confirmed, I will coordinate with the Ambassador-at-
Large to integrate anti-trafficking components into our broader
engagement with the Chilean Government. I will build on current efforts
in Chile to strengthen the capacity of law enforcement and public
officials at the local and national level to raise awareness,
effectively investigate and prosecute trafficking crimes, and to
provide increased services to victims. I will encourage the Embassy
team to think creatively about engaging with the Chilean Government and
public on trafficking and responding to local challenges.
Question. If confirmed, how can you work with other regional U.S.
Ambassadors to improve trafficking efforts in neighboring countries?
Answer. If confirmed, I will coordinate with other U.S. Ambassadors
to support consistent outreach and messaging within the region, to
identify best practices and lessons learned across legal frameworks,
law enforcement efforts, and programming to combat sex and labor
trafficking and address the needs of vulnerable communities.
Question. In the State Department's 2020 International Religious
Freedom report, Chile was reported to have had serious incidents
motivated by antisemitic or anti-Muslim behavior and rhetoric. What is
your assessment of this particular issue and if confirmed, how will you
work with the Ambassador-at-Large to bolster religious freedom in-
country?
Answer. I strongly condemn any religious freedom violations and any
violations of the rights of members of religious minority groups. If
confirmed, I will engage a wide range of religious groups, including
Chile's Jewish and Muslim communities, to understand their concerns and
priorities and to promote interfaith dialogue and understanding. I will
work with the Ambassador-at-Large to apply best practices to foster a
zero-tolerance environment for religious discrimination in Chile.
Question. In 2020, the Chilean senate passed a pro-BDS resolution
calling on President Pinera to adopt a law boycotting goods from
Israeli settlements in the West Bank and commercial activities with
companies operating in the West Bank. If confirmed, do you commit to
pushing back on the BDS movement and any bias against Israel?
Answer. The administration and I firmly reject the BDS movement,
which unfairly singles out Israel. While the Administration always
respects the right to freedom of expression, the United States will be
a strong partner in fighting efforts to delegitimize Israel. We will
continue to support Israel's further integration into the international
community, and if confirmed, I will do the same in Chile.
Question. If confirmed, how will you work with the Chilean
Government and civil society on such matters relating to their efforts
to support BDS?
Answer. If confirmed, I will build on previous efforts by Embassy
Santiago to actively engage with Chilean lawmakers and the Boric
administration to convey the United States' firm opposition to boycott
movement worldwide and the Boycott, Divestment, and Sanctions (BDS)
legislation that currently sits in the Chilean Chamber of Deputies, as
well as any efforts to delegitimize Israel. While the bill does not
explicitly mention Israel, many of the bill's supporters have made
clear that their goal is to implement BDS restrictions on all Chile-
Israel trade. I will also engage relevant community members,
businesses, and embassies from like-minded countries to speak out
against support for the BDS movement.
Human Rights
Question. In the State Department's 2020 Human Rights Report, Chile
had isolated reports of serious human rights abuses or concerns by the
Government including arbitrary or unlawful killings.
If confirmed, how can you engage with civil society to bolster
human rights on the ground and at the US Mission?
Answer. The U.S. Embassy in Santiago engages with civil society,
especially regarding human rights, and meets regularly with non-profit
organizations and the Chilean Government to address concerns when
appropriate. If confirmed, I will continue our work on this issue with
the newly inaugurated Boric administration, whose Foreign Minister,
Antonia Urrejola, has an extensive human rights background.
Question. If confirmed, please describe your human rights strategy
and priorities as U.S. Ambassador to Chile.
Answer. The United States and Chile have a strong, shared
foundation of values that encompass respect for human rights and
democratic principles. President Boric has spoken out against human
rights abuses committed in Nicaragua, Venezuela, and Cuba. Human rights
and multilateral cooperation make up core tenets of his stated foreign
policy goals, which provides an opportunity for him to be a leader in
the promotion of our shared values across the hemisphere. If confirmed,
I will use this opportunity to encourage new avenues of cooperation
with the Boric administration to ensure that human rights remain a
central pillar of U.S.-Chilean cooperation, both within Chile and the
hemisphere. I also commit to supporting the Embassy team in policy and
programming endeavors to advance respect for human rights and to
identify bilateral cooperation opportunities with the new Boric
administration.
The United Nations
Question. The Office of Multilateral Strategy and Personnel (MSP)
in the State Department's bureau of International Organizations leads a
whole-of-government effort to identify, recruit, and install qualified,
independent personnel at the U.N., including in elections for
specialized bodies like the International Telecommunications Union
(ITU). There is an American candidate, Doreen Bodgan-Martin, who if
elected would be the first American and first woman to lead the ITU.
She is a tough race that will require early, consistent engagement
across capitals and within the U.N. member states.
If confirmed, do you commit to demarching the Chilean Government
and any other counterparts necessary to communicate U.S.
support of Doreen?
Answer. Yes. Secretary Blinken publicly endorsed Ms. Doreen Bogdan-
Martin's candidacy to lead the ITU in March 2021. If confirmed, I will
work closely with the Bureau of International Organization Affairs (IO)
to support Ms. Bogdan-Martin's candidacy and encourage Chile to vote
for her for ITU Secretary-General, as well as the candidacies of other
Americans endorsed by the Department to fill critical positions at the
U.N. and its specialized bodies.
Question. If confirmed, how can you work with the International
Organizations (IO) bureau and other stakeholders to identify, recruit,
and install qualified Americans in positions like the Junior Program
Officer (JPO) program at the U.N.?
Answer. If confirmed, I will work with IO to identify U.N. and JPO
opportunities for qualified U.S. citizens, recruit U.S. citizens for
these positions, and advocate on their behalf where appropriate.
__________
Responses to Additional Questions for the Record
Submitted to Bernadette M. Meehan by Senator Marco Rubio
Question. I have the honor and privilege of representing the
country's largest Cuban American community in Florida. I am the son of
Cuban immigrants. For all of us in South Florida, our history with Cuba
is complicated and tragic. Today, Cuba is a country where Cubans cannot
succeed. Instead, the Cuban people are jailed and tortured for simply
exercising the fundamental freedoms of speech, religion, and assembly.
In 2018, you spoke with Ben Rhodes on his podcast about your
experience organizing President Obama's 2016 trip to Havana. In that
podcast, you spoke glowingly of your experience in Cuba and working
with Alejandro Castro, Fidel's nephew. You said that there was a
``sexiness'' to Cuba's history and even a ``sultry mystery.''
Do you stand by those statements, in light of the experience of
Cuban Americans with the regime? Please explain.
Answer. I recognize, and feel deeply about, the plight of the Cuban
people. I believe that the Cuban people are entitled to a stable,
prosperous, and free country, and I admire their courage and strength
as they seek access to fundamental freedoms and human rights. I believe
that the Cuban regime needs to be held accountable for its systemic
oppression of the Cuban people and its malign activities in the region.
If confirmed as U.S. Ambassador to Chile, I will support all U.S.
efforts to empower the Cuban people to determine their own future and
efforts to hold the regime accountable.
Question. Given your egregious misreading of Cuba's history, why
should Chilean Americans, and the Senate, trust your judgement when it
comes to representing America's interests in Chile, if confirmed?
Answer. As a career Foreign Service Officer my duty was to assist
in the implementation of the President's policies to the best of my
ability, and I did so faithfully in Republican and Democratic
administrations, in assignments around the world. In those 13 years of
service to the United States as a career Foreign Service Officer I
willingly made personal and career sacrifices to advance U.S. interests
and values around the world. I also have broad and deep experience
working in finance, which has prepared me to be a strong advocate for
U.S. trade and investment interests in Chile, particularly at a time of
increasing competition from the People's Republic of China. In
addition, I have spent years working to provide access to opportunity
to young people around the world, which I believe to be not only in
their interest, but in the interest of the United States. I have been
honored to volunteer to assist families of Americans held hostage or
unjustly detained overseas as well. If confirmed, I will use all of
these experiences to promote U.S. interests in Chile and throughout the
Western Hemisphere, which I believe my record of service shows I am
well qualified to do.
Question. March 20th marks the 6th anniversary of President Obama's
visit to Havana, the first by an American president since the
revolution. In the podcast with Ben Rhodes, you described the evening
of the 20th extremely vividly. You went to a state-owned restaurant, a
paladar, called LaGuardia. You described the evening as ``this great
roof deck and people are smoking cigars and drinking rum'' with Jimmy
Buffett, Derek Jeter, and Jose Andres.
Is this an inaccurate recounting of your description of that night?
Answer. In my capacity as a career Foreign Service Officer, my duty
was to assist in the implementation of the President's trip to Cuba.
The trip was in support of the Administration's policy to help empower
ordinary Cubans to take greater control over their own lives and convey
U.S. Government support for the fundamental freedoms and human rights
of the Cuban people. We met with a broad array of people, including
Cuban civil society actors, human rights defenders, journalists,
artists, and entrepreneurs. Each of these actors shared and reinforced
concerns, triumphs, grievances, and the grave injustices that the Cuban
people have experienced under decades of repression. I also experienced
a sense of hope among the Cuban people and those who traveled to Cuba,
that the lives of the Cuban people could change for the better.
Question. Do you recall any protesters, or demonstrators that
disrupted this glamorous evening with celebrities in old Havana?
Answer. The most meaningful aspect of my discrete role working on
Cuba as a career Foreign Service Officer was the honor of meeting with
Cuban civil society actors during the President's roundtable
conversation with them. It was deeply impactful to hear the concerns,
grievances, and the grave injustices that the Cuban people have
experienced under decades of repression. If confirmed as U.S.
Ambassador to Chile, I will support all U.S. efforts to empower the
Cuban people to determine their own future and efforts to hold the
regime accountable.
Question. Were you aware that in the three months before March
2016, the Cuban regime had arrested more than 300 dissidents as part of
a crackdown on opposition leaders, to ensure a smooth visit for you and
President Obama?
Answer. I was aware of the Cuban regime's poor human rights record
and its abusive treatment of civil society actors and understood that
the U.S. Government policy was one aimed at empowering ordinary Cubans
to take greater control over their own lives. I supported the
Administration's efforts to increase access to the Internet for Cuban
citizens and promote private sector activity, consistent with my
support for fundamental freedoms and human rights around the world over
the course of my 13-year career as a Foreign Service Officer and non-
government work in support of those values.
Question. Were you aware that on March 20, the same day you,
President Obama, and the Castros were watching the baseball game, Cuban
officials arrested Lazaro Yuri Valle Roca, beat him, and detained him
for five days--all because he tried to video a protest on March 20th?
Answer. I am aware of the Cuban regime's poor human rights record
and its abusive treatment of civil society actors. I admire the courage
and strength of the Cuban people, who are fighting for access to
fundamental freedoms and human rights. I condemn the Cuban regime's
repression and human rights abuses. I support the Biden-Harris
administration's commitment to promote accountability for Cuban
Government officials involved in human rights abuses, and the
consideration of all tools to do so.
Question. In response to Chairman Menendez's question during your
nominations hearing, you responded that at the time of the visit in
2016, you were a foreign service officer with a duty to carry out the
policy of the President. But in 2018, at the time you spoke with Ben
Rhodes, you had no obligation to defend or agree with the President's
policies. Why, then, did you still speak so glowingly with Ben Rhodes
about working with a regime responsible for egregious human rights
abuses?
Answer. I greatly admire the spirit, courage, and ingenuity of the
Cuban people and the resilience of Cuban culture in the face of decades
of repression. I saw my work as a career Foreign Service Officer as
supporting efforts to promote greater freedoms so that individuals
living in Cuba can realize their potential. During this conversation in
2018, when I still worked for President Obama, I did not have the
intention of taking the focus away from the suffering of the Cuban
people and the courage they have demonstrated over decades in pushing
back against a repressive regime. My admiration is for the Cuban
people, not those who oppress them. I firmly believe that the Cuban
people are entitled to a stable, prosperous, and free country, and I
admire their bravery as they seek access to fundamental freedoms and
human rights. I believe that the Cuban regime needs to be held
accountable for its systemic oppression of the Cuban people and its
malign activities in the region. If confirmed as U.S. Ambassador to
Chile, I will support all U.S. efforts to empower the Cuban people to
determine their own future and efforts to hold the regime accountable.
Question. In 2010, the U.S. and Chile negotiated a bilateral treaty
on income tax. While Chile has ratified the treaty, the Senate has not.
This treaty would ensure that American businesses in Chile are not
unfairly taxed for income their investments earn there. Do you support
ratification of this treaty?
Answer. I support ratification of the bilateral tax treaty. The
treaty would reduce withholding tax rates on royalties, dividends,
interest payments, and capital gains and avoid double taxation of U.S.
companies, which would ultimately ensure that they are not adversely
impacted when operating in Chile. Ratification of this treaty would
encourage increased U.S. investment into Chile, thus strengthening our
bilateral commercial ties to bring additional economic benefits to both
countries. At present, U.S. firms in Chile compete against firms from
33 other countries that have tax treaties with Chile, such as the
People's Republic of China, Russia, Canada, South Korea, the United
Kingdom, and Japan. The treaty also receives widespread support from
U.S. businesses that operate in Chile, as its implementation will
ensure that U.S. companies are not placed at a disadvantage from double
taxation.
Question. If confirmed, how would you work with the new Chilean
Government to ensure the treaty is implemented so that American
businesses in Chile are treated fairly?
Answer. If confirmed, I will actively communicate with Chilean
lawmakers and the Boric administration to identify best practices that
will ensure that the Chilean Government fully implements the treaty and
that U.S. businesses are treated fairly. To this end, I will engage
regularly with the U.S. business community and associations including
the American Chamber of Commerce (AmCham), to understand their views,
convey their concerns to the Government of Chile, and ensure that
implementation of the treaty meets their needs. I will engage with
likeminded partners that already have active bilateral tax treaties to
understand the best ways to promote full implementation. I will also
consult with the Congress to understand the views of their
constituents.
* * *
follow up questions submitted to
bernadette m. mehan by senator rubio
Question. Thank you for your answers to my questions from
March 15, 2022. I appreciate that you now seem to recognize the
plight of the Cuban people and that the regime in Cuba needs to
be held accountable. Expressing these sentiments is the bare
minimum that should be expected of public servants that
represent the United States, but they, unfortunately, do not
answer my original questions to you. Therefore, I re-state the
question here again: Do you stand by your statements that you
felt there was a ``sexiness'' and a ``sultry mystery'' to
Cuba's history?
At the time of the President's visit to Havana in 2016, were you
aware that the regime had arrested, beaten and detained
Lazaro Yuri Valle Roca?
Answer. The quotes referenced were part of a response to a
question in 2018 about ``why Cuba occupies an outsized role in
the world and Americans' imagination'' and spoke to part of the
long and extensive history of Cuba. My response was not meant
to reflect my personal view. As part of the same question in
2018, when asked what was most important to me personally about
my discrete role working on the President's trip to Cuba, I
spoke about my admiration for the Cuban-American community and
the Cuban people. Today, for the record, I reaffirm that the
quotes referenced do not reflect my personal view. My
admiration is for the Cuban people and their courageous history
seeking access to fundamental freedoms and human rights. It was
not my intention in 2018 to suggest otherwise.
As a career Foreign Service Officer, my role was to assist in
the organization of the President's trip to Cuba. At the time
of the President's visit to Havana in 2016, I was not
personally aware of the case of Lazaro Yuri Valle Roca or its
details.
Question. In response to one of my questions, you said that
you were ``aware of the Cuban regime's poor human rights record
and its abusive treatment of civil society actors'' at the time
of President Obama's trip to 2016. In 2018, why did you
describe Cuban history as having ``sexiness'' or ``sultry
mystery'' in this way when speaking with Ben Rhodes?
Answer. The quotes referenced were part of a response to a
question in 2018 about ``why Cuba occupies an outsized role in
the world and Americans' imagination'' and spoke to part of the
long and extensive history of Cuba. My response was not meant
to reflect my personal view. As part of the same question, when
asked what was most important to me about my limited role
working on the President's trip to Cuba, I spoke about my
admiration for the Cuban-American community and the Cuban
people. The Cuban regime's record on human rights is
reprehensible. I care deeply about the plight of the Cuban
people, and it was not my intention to express otherwise. If
confirmed as U.S. Ambassador to Chile, I will work tirelessly
to advance U.S. policy to help the people of Cuba and advance
their human rights by partnering with the Government of Chile,
and if confirmed, I would welcome the opportunity to consult
with you on how we might encourage the Chileans to take a more
active role in this effort.
Question. Even though you were aware of the regime's
appalling human rights record and the decades of suffering
experienced by the Cuban people and Cuban American community,
why then, when asked by Rhodes to sum up your experience
working on Cuba, did you answer ``I can hold my rum?''
Answer. Throughout that 2018 conversation, I spoke of my
admiration for the Cuban-American community and the Cuban
people and the work I did as a career Foreign Service Officer
to assist in the implementation of the President's trip to
Cuba. I discussed the broad array of people we met with on the
trip, including Cuban civil society actors, human rights
defenders, journalists, artists, and entrepreneurs. It was a
broad-ranging, informal conversation and taken in its totality,
emphasized my respect for the Cuban people and their efforts to
seek access to fundamental freedoms and human rights, and how
the trip supported the Administration's policy to help empower
ordinary Cubans to take greater control of their lives and
convey U.S. Government support for the fundamental freedoms and
human rights of the Cuban people. It was not my intention to
take away from the focus that should be on the suffering of the
Cuban people. If confirmed as U.S. Ambassador to Chile, I will
support all U.S. efforts to empower the Cuban people to
determine their own future, and efforts to hold the regime
accountable.
Question. Thank you for your responses in support of
implementing the bilateral tax treaty in Chile. As you know,
Chile is still in the midst of a historic constitutional
convention, which may undo decades of progress in Chile. What
is your view of the constitutional convention process in Chile?
If confirmed, how would you work with the Convention to support its
work so that it results in a constitution responsive to the
desires of the Chilean people and in the best interests of
Chile and the United States?
Answer. The Constitutional Convention is a sovereign,
democratic process that allows the people of Chile to weigh in
on the future path that their country will take. Chile
continues to serve as a model for the Western Hemisphere as its
people channel their social, economic, and political demands
into a peaceful, democratic, and transparent process. If
confirmed, I will convey respect for the Chilean people's right
to determine the nature of their constitution and express faith
in the Chilean people's dedication to democratic principles,
including good governance, human rights, and a continued
business climate based on respect for free trade, transparency,
and rule of law. If confirmed, I would offer U.S. support to
government and civil society organizations and promote
exchanges between U.S. and Chilean constitutional experts so
that Chile can the benefit of our experience with our own
constitutional model, as Chileans seek to enhance and
consolidate the impressive democratic and economic advances
Chile has made over the past three decades. If the new
constitution is approved, I will ensure that it is clear to the
Chilean public and government that the United States will
continue to deepen our strong bilateral cooperation as Chile
moves forward under its new constitution.
Question. Last year, the Chilean Congress drafted a bill
mandating that Chile formally institute a boycott, divestment
and sanctions (BDS) policy against the Jewish state of Israel.
Fortunately, that measure did not progress through the
Congress. Do you support BDS policies? If confirmed, what would
you do in response to future actions by the Chilean Government
to institute this policy of hate against Israel?
Answer. The Biden-Harris administration and I firmly reject
the Boycott, Divestment, and Sanctions (BDS) movement and
associated policies, which unfairly single out Israel. If
confirmed, I will build on previous efforts by Embassy Santiago
to actively engage with Chilean lawmakers and the Boric
administration to convey the United States' firm opposition to
the boycott movement worldwide and the BDS legislation that
currently sits in the Chilean Chamber of Deputies, as well as
any efforts to delegitimize or discriminate against Israel.
While the bill does not explicitly mention Israel, many of the
bill's supporters have made clear that their goal is to
implement BDS restrictions on all Chile-Israel trade. If
confirmed, I will also engage relevant community members,
businesses, and embassies from like-minded countries to speak
out publicly against BDS legislation and the BDS movement.
Question. In your opinion, how would a new constitution in
Chile support or obstruct future policies similar to the 2021
BDS bills?
Answer. It is not yet clear whether the new constitution
currently being drafted in Chile will support or obstruct
future policies similar to the 2021 Boycott, Divestment, and
Sanctions (BDS) bill. Embassy Santiago has been actively
engaging with Chilean lawmakers and the Boric administration to
convey the United States' firm opposition to the boycott
movement worldwide. If confirmed, I will build on this
engagement, including with other relevant stakeholders, to
oppose BDS legislation. Additionally, my public comments will
make clear the United States' firm opposition to the BDS
movement and any other policies that unfairly single out Israel
and I will underscore that BDS legislation is counterproductive
and runs contrary to values of free trade and non-
discrimination that are shared values for both the United
States and Chile.
* * *
__________
Responses to Additional Questions for the Record
Submitted to Bernadette M. Meehan by Senator Todd Young
Question. How do you view the current status and future of the
U.S.-Chile trade and investment relationship in the context of growing
Chinese engagement and the pending new constitution?
Answer. The United States continues to lead in new foreign direct
investment into Chile and ranks second, behind the People's Republic of
China (PRC), in terms of overall trade. I believe there is an
opportunity to deepen our commercial relationship with Chile and
collaborate on sharing and implementing best practices in trade and
investment, including advocating for steps Chile can take to establish
a robust investment screening mechanism. Unlike the PRC, the United
States upholds high standards for labor rights, environmental policies,
and privacy standards when pursuing investment opportunities. Chile's
strong institutions, free trade, and commitment to the rule of law
serve as opportunities to expand our bilateral relationship. The new
Boric administration stresses that it supports increased,
``responsible,'' investment, and, if confirmed, I plan to engage with
the Boric administration and the business community to find additional
trade and investment opportunities that exemplify U.S. best practices.
It is not yet clear how the new constitution currently being drafted in
Chile will impact trade and investment opportunities, but my engagement
with the Boric administration will prioritize the need to ensure the
safeguarding of both U.S. and Chilean business interests.
Question. What is your perspective on the pending U.S.-Chile
bilateral tax treaty and its impact on U.S. businesses in Chile?
Answer. I understand the bilateral tax treaty would put U.S.
businesses in a far more advantageous position when pursuing investment
opportunities in Chile. The treaty would reduce withholding tax rates
on royalties, dividends, interest payments, and capital gains and avoid
double taxation of U.S. companies. The lack of a bilateral tax treaty
puts U.S. companies in Chile at a disadvantage against their
competitors. U.S. firms in Chile compete against firms from 33 other
countries that have a bilateral tax treaty with Chile, such as China,
Russia, Canada, South Korea, the United Kingdom, and Japan. Both U.S.
and Chilean companies, including members of AmCham Chile, urge the
ratification and enactment of the tax treaty.
Question. To ensure that the tax treaty is in line with the Base
Erosion and Anti-Abuse Tax (BEAT) enacted as part of the Tax Cut and
Jobs Act, the U.S. Department of Treasury has indicated the Chilean
Government needs to approve reservation language clarifying how the tax
treaty interacts with BEAT. In your opinion, how will the Government of
Chile respond to this reservation language?
Answer. President Boric has not yet publicly stated his views on
the tax treaty or reservation language. Given that this treaty was
ratified by the Chilean congress in 2014, I expect that among the new
Congress that took office on March 11, there will be some support among
its members to approve a U.S. Senate reservation. Boric's
administration advocates for tax reforms, including increases in mining
royalty fees, that seek to increase state revenue. If confirmed, I will
engage with Chilean lawmakers and the Boric administration to
underscore the fact that increased private sector cooperation between
the United States and Chile will not only bring additional economic
benefits to both countries, but also a number of social and
environmental benefits, such as improved labor laws, privacy
protections, technology sharing, and high environmental protection
standards.
Question. What challenges do you expect approval of the reservation
language will face with the Chilean Congress and administration? What
efforts will you undertake to overcome those concerns and challenges?
Answer. No coalition has a majority in the new session of the
Chilean Congress, which began on March 11. This could translate to
challenges in reaching the necessary votes to approve reservation
language. If confirmed, I plan to engage Chilean lawmakers and the
Boric administration to highlight that the benefits brought to both the
United States and Chile are innumerable, since implementing the
bilateral tax treaty will allow for deeper economic cooperation between
our two countries. I will continue to highlight the benefits of U.S.
investment and make the case that U.S. investment falls in line with
Boric's goals of increased, ``responsible'' foreign investment in
Chile, especially when compared to other investment partners, like the
People's Republic of China.
__________
Responses to Additional Questions for the Record
Submitted to Bernadette M. Meehan by Senator Bill Hagerty
Question. As you know, the committee on Foreign Investment in the
United States (CFIUS) plays a critical role in reviewing the national
security implications of foreign investments in the United States. As I
understand it, Chile has not established its own approach to effective
foreign investment screening, even though China, which engages in
malign economic influence, has its eyes on Chile and Southern Cone
countries with respect to lithium and other critical minerals, and
other critically important sectors.
If you are confirmed, do you commit to working with the U.S.
Department of the Treasury to increase engagement with
Government of Chile in order to educate Chile about the CFIUS
process of the United States and persuade Chile to establish
its own effective investment screening mechanism?
Answer. If confirmed, I will find additional opportunities to brief
the Chilean Government on best practices for investment screening,
drawing on the U.S. CFIUS process, and building upon ongoing efforts
from both the Departments of State and the Treasury to provide
information on this issue. I will engage early on with the Boric
administration to arrange briefings and engagements that would be most
useful to encourage best practices that support Chilean and U.S.
national security. I will also continue to engage with the American
Chamber of Commerce (AmCham) Chile and other business associations to
understand and advocate for steps Chile can take to establish a robust
investment screening mechanism. In tandem with these efforts, I will
ask the Embassy team to ensure that we amplify through media and
speaking engagements our efforts and collaboration with Chile, with an
emphasis on the shared values between the United States and Chile and
the advantages of doing business with U.S. companies.
__________
Responses to Additional Questions for the Record
Submitted to Dr. John N. Nkengasong by Senator Robert Menendez
Question. PEPFAR is the signature global health program of the
United States, with a large budget administered by a complex
organization that includes staff from multiple agencies, foreign
service officers stationed abroad, contractors, and local implementing
partners.
What are the main challenges to effective coordination between S/
GAC HQ and other elements of the PEPFAR organization?
Answer. As an alumnus of PEPFAR, I've worked with all the U.S
Government implementing agencies and many of the partners, and I have
witnessed the remarkable focus on mission among PEPFAR teams and
implementers. I've experienced a model that enables discussion and
debate and a chance to recommend a course of action to the coordinator.
We all share the goal of saving millions of lives and providing
services utilizing expertise from all U.S. Government agencies. If
confirmed, I hope to continue to inspire that level of cooperation and
focus for our common goals while continuing to seek ways for improved
coordination.
Question. How will you address staffing shortages across PEPFAR, if
confirmed?
Answer. High vacancy rates are a major challenge across the U.S.
Government, including PEPFAR. If confirmed, it will be my priority to
ensure that PEPFAR staffing vacancies are addressed, and we are meeting
the needs of PEPFAR staff here at home and in all our Embassies around
the world. The staff must see themselves valued, respected, and treated
well. We must offer a workplace that appeals to the workforce of today.
I intend to lead with respect and appreciation for staff, and to learn
from the experience of the past 18 months working through the COVID-19
pandemic. I will also continue the efforts within the Department of
State to promote diversity, equity and inclusion in hiring practices
and promotions.
Question. Will you commit to fully and proactively cooperating with
the PEPFAR Effectiveness and Efficiency Review being conducted by the
Government Accountability Office if confirmed?
Answer. Yes.
Question. Beginning in April 2018, PEPFAR began pursuing the goal
of channeling 70 percent of its funding to local partners. This policy
was the subject of an audit by USAID's Office of Inspector General,
published December 13, 2021.
What analysis informed the decision to channel 70 percent of funds
through partners funding? Do you agree that 70 percent is the
right number?
Answer. In response to countries' desire for expanded independence,
PEPFAR further embedded sustainability and domestic financing elements
into its work. To achieve and sustain epidemic control, HIV services
must be owned and operated by local actors. Thus, the bold, but
achievable goal of having 70 percent of PEPFAR resources by agency
channeled through local organizations, took root. These organizations
understand the local context and needs of PEPFAR beneficiaries and have
complemented international efforts to strengthen local capabilities. If
confirmed, I will fully review the results of the effort thus far, and
the audit, and continue to work with Congress and implementing agencies
to fully realize the recommendations of the report.
Question. What are the main challenges related to increasing local
partner funding?
Answer. PEPFAR is not a replacement for partner government
responsibility. Partner countries must also invest sufficient domestic
financing for HIV programs and ensure an enabling policy environment
for their effective and efficient allocation. Many partner governments
have increased their investment in their respective HIV response over
time. However, several cannot, and this has been compounded recently by
COVID-19. If confirmed, I will support efforts to promote self-reliance
by developing more efficient models of service delivery and
strengthening technical, managerial and financial capacity for local
stakeholders to maintain key services, systems and resources stewarded
by local institutions.
Question. Do you commit to implementing the recommendations of the
USAID OIG audit?
Answer. If confirmed, I will commit to a fair and open evaluation
of the recommendations of the USAID OIG and work to realize its full
potential across PEPFAR programs and processes.
Question. As many countries approach epidemic control, how should
PEPFAR adjust its mission to cement those gains and, as appropriate,
wind down operations?
Answer. PEPFAR has a duty to ensure high-quality prevention and
treatment services throughout every stage of program evolution. As
countries reach sustained control of HIV, we must ensure there is an
enabling policy and programmatic environment for addressing key
populations, underserved populations and other structural barriers to
an effective and sustainable HIV/AIDS response. PEPFAR must work to
identify areas where increased local financing and management
responsibilities can occur. If confirmed, I look forward to working
with partner governments, civil society, and multilateral organizations
to create a shared and gradual sustainability pathway that is ambitious
and resilient in the face of future threats.
Question. Will you commit, if confirmed, to ensuring that you fully
brief me and/or my staff as requested during your tenure as PEPFAR
Coordinator?
Answer. Yes.
__________
Responses to Additional Questions for the Record Submitted
to Dr. John N. Nkengasong by Senator James E. Risch
Question. If confirmed, will you commit to working in a bipartisan
manner with the Senate Foreign Relations Committee, including by
providing timely, accurate, and complete information on relevant U.S.
global health strategies, initiatives, and funding?
Answer. Yes, and if confirmed, I commit to working with Congress on
these matters.
Question. A recent report by the Center for International Private
Enterprise (CIPE) Anti-Corruption and Governance Center suggests that
an estimated seven percent of global spending on public health is lost
to waste, fraud, and abuse. The United States is, by far, the single
most generous donor of global health assistance. If confirmed, will you
commit to upholding a zero-tolerance policy for waste, fraud, and abuse
in the programs under your purview?
Answer. Yes.
Question. If confirmed, will you also uphold a zero-tolerance
policy for all PEPFAR-supported staff and implementing partners who
engage in the sexual exploitation and abuse of the vulnerable
communities they are meant to serve?
Answer. Yes. This will be a priority for PEPFAR.
Question. It took the Biden administration nearly a year to
nominate someone to fill this vital position. Despite the commitment
and best efforts of career staff within the Office of the Global AIDS
Coordinator and Health Diplomacy (S/GAC), and compounded by the COVID-
19 pandemic, the lack of full-time, Senate-confirmed leadership appears
to have taken a toll. What is your understanding of morale within S/GAC
and how, if necessary, do you intend to improve it?
Answer. A successful Mission must begin with the people who make it
happen. The staff must see themselves valued, respected, and treated
well. I intend to lead with respect and appreciation for staff, and to
learn from the experience of the past 18 months working through the
COVID-19 pandemic. If confirmed, it will be my priority to ensure that
we are meeting the needs of PEPFAR staff here at home and in all our
Missions around the world.
Question. How do you intend to create a unified Mission and vision
across the PEPFAR program while holding implementing agencies and
partners accountable for transparency and results?
Answer. As an alumnus of PEPFAR, I've worked with all of the U.S
Government implementing agencies and many of the partners, and I have
witnessed the remarkable focus on Mission among PEPFAR teams and
implementers. I know that we all share the same goal of saving as many
lives as possible from HIV/AIDS. If we continue sharing this goal, we
will continue to be a highly successful program. If confirmed, I hope
to continue to inspire that level of cooperation and focus for our
common goals.
Question. How would you describe your management style?
Answer. I have mentioned before that respectful partnership will
govern my approach if I am confirmed. Before I ask it of others, I live
it myself first. My staff would describe me as easy-going and flexible.
I like to be prepared and I listen well.
Question. In your view, how would your management style translate
to PEPFAR, where your workforce and implementing partners are composed
of a dizzying array of career foreign and civil servants, political
appointees, Foreign Service Limited appointments, Participating Agency
Service Agreements, foreign governments, international organizations,
contractors, and grantees, often with competing priorities and
interests?
Answer. If confirmed, I look forward to drawing upon the expertise
that exists among all PEPFAR's U.S Government implementing agencies. We
all share the goal of saving millions of lives and providing services
that require expertise from across the U.S. Government--whether it's
USAID's experience with supply chain management, CDC's experience with
laboratory programs, DOD's experience with peer-to-peer military
programs, or Peace Corps' experience with community-based initiatives.
All of us bring something different to the table and as a result, we
have made lasting impact. What I've experienced is a model that enables
discussion and debate and a chance to recommend a course of action to
the Coordinator.
Question. The success of PEPFAR largely can be attributed to S/
GAC's commitment to aggressively pursuing prevention and treatment
goals, improving targeting, measuring impact, and holding partners
accountable for outcomes. PEPFAR's Populations Based HIV Impact
Assessments (PHIAs) have served as a particularly useful tool for
identifying gaps and measuring impact on incidence, and will be even
more critical in the context of COVID-19. If confirmed, will you commit
to submitting to Congress the PHIAs planned for FY 2022 through FY
2024, in addition to Country Operating Plans (COPs) and required
Congressional Notifications?
Answer. Yes, and if confirmed, I commit to working with Congress on
these matters.
Revised Response (Received April 2, 2022)
Answer. Yes.
Question. USAID and CDC have a long history of stretching the
boundaries when it comes to permissible uses of PEPFAR funds,
including: using PEPFAR funds to finance the construction of schools in
Malawi despite the availability of education funds earmarked by
appropriators annually for this purpose; using PEPFAR funds statutorily
set aside to support children who have been made vulnerable by HIV/AIDS
for activities with no discernable connection to HIV/AIDS; and by using
PEFPAR funds to support salaries for implementing agency staff who are
only nominally focused on combatting HIV/AIDS. If confirmed, will you
commit to ensuring all U.S. Government-supported efforts to combat HIV/
AIDS globally are efficient, effective, aligned, and complementary to
the work of S/GAC?
Answer. Yes.
Question. Will you work to ensure that implementing agencies and
partners, including USAID and CDC, meaningfully contribute to, but also
strictly adhere to, PEPFAR's Country Operating Plan (COP) process?
Answer. Yes.
Question. In addition to directly enabling the provision of life-
saving treatment for nearly 19 million people and averting 2.8 million
newborn infections, PEPFAR support for public health infrastructure and
personnel has contributed to stronger health systems and reductions in
all-cause mortality in its focus countries. The ``PEPFAR effect'' on
health systems has never been more evident than in the response to the
COVID-19 pandemic. Congress repeatedly has made clear the intent to
transition PEPFAR from an emergency response to enduring country-led
programs.
As we approach the 20-year anniversary of PEPFAR, what comes next?
Answer. If confirmed, I will work collaboratively with countries,
and with my counterparts in the diplomatic corps and development
community, to identify ways we can continue to expand long-term country
responsibility on sustaining HIV impact while also closing gaps that
exist for PEPFAR-supported beneficiaries. In consultation with
Congress, it will also be important explore how PEPFAR's model and
platforms can be further maximized to efficiently and effectively
deliver on preparedness and response to other health threats as COVID-
19 has shown the urgency of doing so. Doing so without compromising the
HIV/AIDS program would require additional resources and legislative
support, including in its reauthorization.
Question. Given the negative impact the COVID-19 pandemic has had
on efforts to combat HIV/AIDS, tuberculosis, and malaria globally,
when, if ever, would be an appropriate transition point for focus
countries?
Answer. PEPFAR has a duty to ensure that the people receiving
prevention and treatment are served high-quality services throughout
any change. Many PEPFAR supported countries are not currently able to
wholly finance the HIV response, in many cases compounded by COVID-19.
Decreases to a country program's funding program must happen with
considerable planning from both PEPFAR and our partners at the local
and multilateral levels. PEPFAR continues to ensure that the program
transitions to local ownership, ever expanding independence of local
actors. PEPFAR is not a replacement for partner government
responsibility and must work to identify areas where increased
financing and management responsibilities can occur.
Question. In July, the Senate Foreign Relations Committee passed S.
2297, the International Pandemic Preparedness and COVID-19 Response
Act, with overwhelming bipartisan support. Many aspects of this
legislation were built upon the foundation of PEPFAR, including its
authorization for a Special Representative for Global Health Security
at the Department of State. Do you agree with the legislation's basic
premise that U.S. global health security and diplomacy are inextricably
linked, and that enhanced leadership by the Department of State will be
required to advance an effective U.S. global health security and
diplomacy strategy overseas?
Answer. Global health security is inextricably linked to U.S.
foreign policy and national security goals. If confirmed, I commit to
working with you and others to leverage the strengths of PEPFAR and
ensure that the State Department is best positioned to most effectively
address current and future global health challenges. I look forward to
working with the State Department, including the Bureau of Oceans,
International Environmental, and Scientific Affairs (OES), Coordinator
for COVID-19 Response and Health Security (CRHS), and Office of Foreign
Assistance (F) to ensure that the health diplomacy, and global health
security and pandemic preparedness efforts of the State Department are
fully realized.
Question. Do you agree that PEPFAR could serve as an effective
model for enhancing U.S. global health security and pandemic
preparedness more broadly?
Answer. With the bipartisan support of Congress, PEPFAR rapidly
mobilized an unprecedented and impactful response to the global AIDS
epidemic. I believe PEPFAR has been one of the most successful foreign
assistance efforts of its kind because of its focus on results, on
science, the ability to bring the whole of U.S. Government to bear with
strong accountability mechanisms, and the high-level political support
it enjoys from all of you, as well as support across the State
Department and broader interagency. I look forward to leveraging PEPFAR
as one of the U.S. Government's tools to enhance. global health
security and pandemic preparedness broadly.
Question. Successive administrations--both Democrat and
Republican--have launched initiatives to ``localize'' U.S. foreign
assistance, including by building the capacity of local partners to
design programs and manage U.S. funds directly, rather than working as
sub-awardees to large, U.S.-based development contractors and non-
governmental organizations. In 2018, S/GAC established a 70 percent
localization target. There has, however, been confusion about how
``localization'' is defined and measured across the implementing
agencies, and how oversight of local partners should be conducted.
According to a December 13, 2021, report by the USAID Office of the
Inspector General, USAID was not on target to meet the ambitious PEPFAR
goal. If confirmed, will you commit to working with Congress to
establish a formalized definition and plan for ``localization,'' to
include support for partner government investment strategies and direct
funding for both local faith- and community-based organizations?
Answer. Yes, and if confirmed, I commit to working with Congress on
this matter.
Question. In your testimony, you spoke of the need to ``act
collectively to support the capabilities of local leaders and regional
institutions and work in respectful partnership and accountability with
them.'' Do you agree that as the head of PEPFAR, your first
responsibility would be to advance the global health interests of the
United States?
Answer. Yes, PEPFAR's success would not be possible without the
generosity of the American taxpayer and if confirmed, America's global
health interests will be my foremost concern as the head of PEPFAR. We
should continue to think about how PEPFAR can be leveraged to build the
future health system needed to combat new health threats.
Question. Do you agree that ``accountability'' under the PEFPAR
program must include accountability of partners (including partner
governments, regional institutions, and local organizations) to uphold
commitments and deliver measurable results?
Answer. Yes.
Question. Do you agree that ``accountability'' under the PEFPAR
program must also include accountability of partners (including partner
governments, regional institutions, and local organizations) to the
American taxpayer?
Answer. Yes.
Question. There has been strong focus over the past 14 months on
multilateral institutions to address global health challenges,
including but not limited to the U.S. international response to the
COVID-19 pandemic. Recognizing that multilateral and bilateral programs
work collaboratively, and that each have their own unique strengths and
challenges, what would you consider to be the appropriate balance
between multilateral and U.S. bilateral assistance to combat HIV/AIDS
and to address emerging global health security challenges?
Answer. Our multilateral and bilateral investments are mutually
beneficial in leveraging resources and increasing access to quality
health care services, and represent a balanced approach to maximize
programmatic impact. At a time when our biggest global challenges defy
national boundaries--from pandemics to climate change--the importance
of multilateral organizations is only heightened. The administration
has expressed repeatedly that when we are absent from the table, we
cannot ensure the reforms needed to ensure the full effectiveness of
these institutions. PEPFAR must continue to strengthen its bilateral
relationships with partner countries and leverage the collective
strength of multilaterals in combatting global health challenges.
Question. It is notable that PEPFAR has managed to expand services
despite a flat budget since 2009. It also is notable that the Biden
administration has signaled its intent to increase contributions to the
Global Fund to Fight AIDS, Tuberculosis and Malaria (the Global Fund).
It would be difficult to justify this increase, particularly if coupled
with a flat or declining bilateral PEPFAR budget, absent a clear
strategy to shift responsibility for purchasing HIV/AIDS commodities to
the Global Fund. If confirmed, will you commit to improving
coordination and collaboration with the Global Fund in a manner that
shifts greater responsibility to the Fund (or the partner countries
themselves) for testing and treatment commodities, while bilateral
PEPFAR funds are prioritized for creating an enabling environment for
efficient and effective service delivery?
Answer. Yes, and if confirmed, I commit to working with Congress on
these matters.
Question. The American Rescue Plan (ARP) provided the Secretary of
State with $3.75 billion ``to prevent, prepare for, and respond to
coronavirus,'' including through a $3.5 billion contribution to the
Global Fund. Though there was virtually no consultation on the
authorizing language, the authors reportedly intended for this
assistance to be used to leverage existing PEPFAR/Global Fund platforms
and protect against backsliding. If confirmed, will you commit to
ensuring that funds made available through the American Rescue Plan
(ARP) for the international COVID-19 response are carefully aligned
with and complementary to PEPFAR whenever and wherever applicable,
including by ensuring that PEPFAR platforms are effectively leveraged
(rather than duplicated) and that implementing agencies and partners
are held accountable for measurable results?
Answer. Yes, and if confirmed, I commit to working with Congress on
this matter.
Question. Within the Access to COVID-19 Tools (Act) Accelerator,
the Global Fund's COVID-19 Response Mechanism is responsible for the
diagnostics and health systems strengthening pillars. The United States
has committed $3.5 billion to the Global Fund for this purpose. What is
your assessment of the Global Fund's performance to date? What is the
Global Fund getting right, and what would you do differently?
Answer. I understand that the increased financial contributions
from the U.S. have created a stronger and better functioning Global
Fund, enabling more impactful U.S. bilateral programs across the three
diseases and allowing the United States to continue to tackle HIV/AIDS
on a truly global scale. Our multilateral and bilateral investments are
mutually beneficial; they leverage resources and represent a balanced
approach to maximize impact. The USG works closely with the Global Fund
to provide complementary, not duplicative services, and work such as
strengthening the Global Fund's internal oversight systems, program
coordination, and creating efficiencies between Global Fund and U.S.
investments are all routine practices now.
Revised Response (Received April 2, 2022)
Answer. The Global Fund helped form the consortium of key
multilateral agencies that came together in April 2020 to combine
assets to respond to the COVID-19 emergency and enhance coordination
and collaboration. The $3.5 billion commitment from the United States
made it the largest provider of support to LMICS across the three ACT A
pillars (Diagnostics, Health Systems, and Treatment). They have brought
assets and services to countries in desperate need, leveraging their
sourcing and procurement expertise, and have done it well while staying
in their lane. They have excelled in bringing new products, suppliers,
and manufacturers to the arena with due diligence, safely and quickly
procuring products in a very complex supply chain.
Question. Are you concerned by the Global Fund's aggressive push to
take on broader health systems strengthening, rather than remain
focused on the three diseases it was created to combat?
Answer. I believe that PEPFAR has had to be deliberate to not
dilute its responsibilities to deliver on HIV. The Global Fund has
faced similar pressures for HIV, TB, and malaria. However, COVID-19
must be addressed for each institutions' mandate to get back on track.
PEPFAR has worked with governments and communities to address a
plethora of COVID-19-related health challenges, and to strengthen
primary, secondary, and tertiary service provision platforms. This work
has demonstrated that health system investments by PEPFAR and the
Global Fund, within their current mandates, have contributed to the
broader COVID-19 response effort.
Revised Response (Received April 2, 2022)
Answer. I believe that the Global Fund's focus on the three
diseases of HIV/AIDS, tuberculosis, and malaria has been on point and
remains critical to finish the job the Global Fund was created to do.
With the negative impacts on these diseases due to COVID-19, a focus on
the countries that are at risk of AIDS, tuberculosis, and malaria is
now even more necessary to save lives. While the Global Fund's disease-
focused efforts have strengthened critical health systems capacities,
expanding to broader efforts could dilute its focus. Consequently, the
Global Fund should not expand to countries and areas that are not at
risk of AIDS, tuberculosis, and malaria.
Question. Public health experts consistently are learning more
about COVID19, including who is at greatest risk for severe disease and
who should be prioritized for vaccination and treatment. This includes
the 18 million HIV positive individuals receiving antiretroviral
treatment (ART) through PEPFAR. If confirmed, what measures would you
propose to take to ensure 100 percent vaccination coverage for
individuals on PEPFAR-supported ART?
Answer. People living with HIV are at higher risk for severe COVID-
19 and vaccination is recommended by both U.S. CDC and prevention and
WHO guidelines. If confirmed, I will work to ensure that all PLHIV on
PEPFAR-supported ART are prioritized for COVID vaccination. PEPFAR has
demonstrated with American Rescue Plan Funds that vaccine uptake among
PLHIV is efficient and effective by reaching PEPFAR beneficiaries
through existing service delivery platforms. Current PEPFAR-supported
infrastructure and health systems (e.g. supply chain management, health
information systems, and human resources) could be leveraged quickly to
support countries in COVID-19 vaccination, planning and administration.
Question. Should the United States engage in highly risky public
health research--such as gain-of-function or other life sciences
research that poses dual-use concerns--in cooperation with countries
that do not have adequate biosecurity standards, that have violated or
failed to uphold the International Health Regulations, or where the
United States cannot certify that such country is in compliance with
the Biological Weapons Convention?
Answer. No.
Question. If confirmed, will you ensure PEPFAR-supported research
and development grants and contracts are fully vetted and do not flow
to partners, including through sub-awards, engaged in such research,
particularly in countries with lax biosecurity standards?
Answer. Yes.
Question. If confirmed, how would you enhance S/GAC's monitoring
and evaluation of sub-awards related to life sciences research?
Answer. Monitoring and evaluation (M&E) is an essential function
for S/GAC and PEPFAR U.S. Government implementing agencies. To
executive M&E well requires knowledge in project planning, data
collection, making data usable, and using data for decision-making. If
confirmed, I would work to further strengthen S/GAC human resources
with technical skills and tools required to ensure effective monitoring
and to manage evaluations funded through prime and sub-awards related
to life sciences research and implement quality HIV programs.
Question. If confirmed, will you commit to ensuring full and
complete compliance with current law, which prohibits the use of U.S.
foreign assistance to perform or promote abortion as a method of family
planning, support involuntary sterilizations, or lobby for or against
the legalization of abortion overseas?
Answer. Yes.
Question. Do you recognize the fungibility of U.S. foreign
assistance? If confirmed, will you commit to ensuring that U.S. foreign
assistance does not enable implementing partners to perform or promote
abortion as a method of family planning, perform involuntary
sterilizations, or lobby for or against the legalization of abortion?
Answer. If confirmed, I commit to continuing to ensure compliance
with current policy regarding U.S. foreign assistance
Question. China has used the COVID-19 pandemic to advance its
relations with other countries through vaccine diplomacy. As of May
2021, China has exported more than 250 million vaccine doses (about 42
percent of its total production). Many of these doses were sold, not
donated, and yet Chinese public media messaging around the vaccine
deliveries have laid the groundwork for the Chinese Government to
broaden engagement with key countries. How can we counter misleading
narratives around China's vaccine diplomacy? In your previous role, did
you work to counter such narratives? If so, how?
Answer. If confirmed, I will work tirelessly to ensure that the US
continues to be recognized for its extraordinary leadership in
mitigating covid including the provision of vaccines globally with no
strings attached. At Africa CDC my focus was on expanding vaccine
accessibility and once secured, getting shots into arms by creating
rapid response teams who sought to provide technical assistance to
countries so vaccines would be well utilized.
Revised Response (Received April 2, 2022)
Answer. The United States must counter the PRC's misleading
narratives everywhere they emerge. In my previous role, I worked to
counter these by publicly acknowledging U.S. efforts and raising the
profile of the U.S. for being the largest contributor of vaccines,
while also privately working diplomatically to dispel misinformation
amongst AU Member States. If confirmed, I will work tirelessly to
ensure that the United States continues to be recognized for its
extraordinary leadership in mitigating COVID-19, including through the
provision of safe and effective vaccines globally at no cost and with
no political strings attached.
Question. What can PEPFAR do to better promote the programming and
support the U.S. provides in terms of global health, particularly in
areas where China is expanding its own aid footprint?
Answer. PEPFAR was extraordinarily helpful in Africa when COVID
appeared. I witnessed this firsthand. The investments for HIV and HIV/
TB were in place, and were utilized to offer test, treat, and
vaccination services for COVID. PEPFAR staff across multiple
disciplines at U.S. Embassies across the continent where the technical
collaborators to offer surveillance, infection control and other
innovations to counter the new pandemic. Many of the HIV investments
that PEPFAR has made in lab, surveillance, HRH, supply chain, etc.,
were utilized. We can do more to be responsive--when we provide
vaccines, we must also provide the supplies to get them into arms, as
well as other critical medical products
Revised Response (Received April 2, 2022)
Answer. PEPFAR is among the United States' most powerful diplomatic
and programmatic tools and exemplifies its technical prowess, trusted
relationships, and enduring efforts to save lives across the globe. The
PRC's approach has been to hide funding arrangements with countries
when investing in things that are visible--infrastructure projects, for
example. Conversely, PEPFAR should be more outspoken about its
tremendous investment, its very visible impact on HIV for the citizens
of the countries, and the health systems that have been strengthened
through this outcome-focused effort that has also helped respond to
COVID-19 and other health threats.
Question. In March 2021, you said in an interview to Chinese state-
owned Xinhua that you would welcome Chinese vaccines and appreciate
China's health efforts in Africa. Do you still stand by this statement?
What would you consider the successes and failures of Chinese health
engagement with Africa throughout the pandemic?
Answer. In my role as CDC Africa Director, at that time the
countries were not on anyone's radar for vaccines and the appeal was
made everywhere, including to China. Chinese engagement was practical
and responsive to what countries asked for. Actions such as offering
vaccines without transparency on efficacy data were barriers to
overcome.
Revised Response (Received April 2, 2022)
Answer. As Director of the Africa CDC, an agency of the African
Union, it was my role to confront this threat to the lives of over a
billion people, and I was supporting a global appeal to make safe and
effective, WHO EUL-approved vaccines available to African countries.
The PRC engaged countries on a bilateral basis, which was outside the
scope of the Director's authority, and Africa CDC had no role in
countries' decisions regarding which vaccines to administer to their
populations. If confirmed, I will continue to push for equitable access
to safe and effective COVID-19 vaccines globally with no political
strings attached.
Question. What lessons can the African continent learn about the
risks of engaging with the Chinese on health issues?
Answer. One valuable lesson is to be science-based and look
thoroughly and apolitically at the incentive structure of the
partnership being offered. Valuing full and transparent relationships
is better in the long-term.
Revised Response (Received April 2, 2022)
Answer. The United States seeks a science-based approach and looks
thoroughly at the incentive structure of any partnership being offered.
We require full and transparent relationships that remain in our
interests and that of our partners. We must vigilantly uphold the
principles of transparency and data accuracy throughout these
engagements. As Director of the Africa CDC, I have ensured that
collaboration with the PRC is guided by Africa CDC's five-year
strategic plan and not determined or influenced by the PRC's offers for
input.
Question. China has shown us, time and time again, that it is not a
reliable partner in global health. At the beginning of the COVID-19
pandemic, it suppressed vital information about the spread of the
virus, impeded global research into the virus, and spread
disinformation about its origins. China also engaged in early-pandemic
stockpiling of key PPE, and later profited off of selling this PPE and
its vaccines. To this day, it refuses to cooperate fully with global
health organizations and spreads disinformation about the nature of the
virus. Do you think there is still an opportunity to work with China on
global health, given its unreliability and lack of transparency? Why or
why not? Please be specific.
Answer. We welcome the PRC's cooperation on issues such as climate
change, global health security, arms control, and nonproliferation-all
issues that threaten the entire world and require everyone to do their
part. The United States is committed to building back better global
health security to mitigate future pandemics and other biological
threats--emphasizing that all nations need increased capacity now.
Countries and institutions must hold themselves accountable, fulfilling
the commitments we've all made and surging resources required to end
this pandemic by vaccinating the world, saving lives now, and building
back better.
Revised Response (Received April 2, 2022)
Answer. The Department of State has noted transnational issues for
cooperation with the PRC where our interests align, including global
health security. Health diplomacy has been an effective tool of soft
power. Cooperation between the U.S. CDC and China CDC as a public
health goal to prevent, detect, respond to, and contain future health
threats must be weighed with the risks associated with the lack of
reliable data and lack of transparency. Our continuous engagement with
the PRC could place additional pressure on the PRC to improve
transparency.
Question. Under your tenure, the African CDC headquarters building
was contracted to be built by the China Civil Engineering Construction
Corporation, one of the largest Chinese state-owned enterprises for
construction and a key player in China's One Belt, One Road initiative.
This contract was concluded after reports came out in 2018 that the
Chinese state-owned enterprise-built African Union headquarters had
been bugged by the Chinese Government and that the building was wired
to transfer sensitive AU data back to China. What was the impetus for
allowing yet another Chinese state-owned enterprise construct a key
headquarter building after there had been clear evidence that previous
Chinese construction was built with bugs?
Answer. Africa CDC, as an agency of the African Union, identifies
areas of need including infrastructure development. Responsibility on
fulfilling development plans sit within the African Union leadership
processes and protocols.
Revised Response (Received April 2, 2022)
Answer. The decision to contract PRC-backed enterprises to
construct the Africa CDC's headquarters predated my arrival as the head
of the agency in January 2016. It was an agreement made by the African
Union Commission, and a political decision several levels above me. The
AU established a technical working group to ensure that the
construction was carried out according to international norms and
standards, and it took almost two years from the first meeting in May
2017 to agree on the format of the building, as we held firm on many
key aspects. I pushed back in my limited capacity as a technical person
within the AU system in this note here.
Question. What assurances, if any, did you receive to ensure the
Chinese Government would not construct the African CDC building to spy
on public health programming in Africa and transfer sensitive data back
to China? What steps did you take to very these assurances?
Answer. The African Union seeks transparency within every
partnership development, including infrastructure development. Any
unauthorized actions were a breech on the side of the partner, not
negligence by Africa CDC.
Revised Response (Received April 2, 2022)
Answer. Africa CDC has requested that all software--including the
building's information and data management systems--be handled by an
independent group, as opposed to the PRC state-owned enterprise, to
ensure that it is under the strict oversight of the African Union. The
African Union seeks transparency within every partnership, including on
infrastructure development, and does not condone spying or unauthorized
data sharing.
Question. During your time with the African CDC, you supported
cooperation with China on setting up Africa's Regional Integrated
Surveillance and Laboratory Network to help coordinate and integrate
healthcare capacity and public health data. What guardrails, if any,
did you put on this cooperation to protect sensitive health data?
Answer. Africa CDC guidance aligns with WHO guidance to all WHO
Member States regarding the protection of the individual rights of
citizens for their health information to not be used without consent.
Revised Response (Received April 2, 2022)
Answer. None of the three Regional Integrated Surveillance and
Laboratory Networks that Africa CDC is establishing in Central,
Southern, and West Africa has benefited from any PRC support or input--
absolutely none.
Question. Did you have any concerns, or do you have, about the
integration of so many public services under Chinese technical
expertise and infrastructure? How did you address those concerns at the
time?
Answer. AU member states make their own decisions on who they
partner with on technical expertise and infrastructure. The role of
Africa CDC is to provide best practices, encourage collaboration and
enhance communication amongst countries in an effort to build strong
networks to fight ongoing and new health threats.
Revised Response (Received April 2, 2022)
Answer. During my tenure at Africa CDC, there have been three PRC-
associated seconded staff, from 2017 to 2019, with each staying for one
year. By contrast, during the last five years Africa CDC has benefited
from ten U.S. CDC assignees and or seconded staff, with three embedded
full-time. AU member states make their own decisions as to whom they
partner with on technical expertise and infrastructure. Africa CDC's
role is to provide best practices, encourage collaboration, and enhance
communication amongst countries to build strong networks to fight
ongoing and new health threats. I have been very clear on my stance
that we must insist on respectful and action-oriented partnerships that
are fully aligned with Africa CDC's priorities.
Question. Do you commit to ensuring that any data collected by
PEPFAR programs is protected and cannot be accessed by authoritarian
governments?
Answer. Yes.
__________
Responses to Additional Questions for the Record Submitted
to Dr. John N. Nkengasong by Senator Marco Rubio
Question. On January 27, 2020, you wrote an article that called
Beijing's response to the COVID-19 pandemic ``swift and decisive'' and
praised its ``political openness'' as a ``new dawn for global health
security and international health diplomacy.'' This was certainly the
early days of the pandemic, but already by January 27, the Chinese
response to COVID-19 was anything but a ``new dawn.'' A few days before
January 27, on January 23, the PRC instituted a complete lockdown of
Wuhan. The PRC took draconian measures that far exceeded the lockdowns
that we all eventually experienced during the pandemic. They welded
people into their homes to force them to comply with the lockdown, and
to keep them from leaving once the hospitals were full. They harassed
the family members of those who had died of the disease. A blogger who
covered this, Zhang Zhan, still remains in custody for telling the
world about the Chinese Communist Party's repression. What about this
response was a ``new dawn?''
Answer. In my role as CDC Africa Director at that time, we
desperately wanted transparency and openness to understand the origins
of this new global threat. We assumed that China, as a WHO Member State
and a purported supporter of global health security, would behave
responsibly and share all relevant information, data, and samples in a
timely and transparent manner; but unfortunately that was not--and
still is not--the case.
Question. Do you still believe the PRC's response to the COVID-19
crisis is a model other countries should follow now, or for future
pandemics?
Answer. The world still does not definitely know the origins of the
virus and the early spread of COVID-19. The PRC is politicizing this
issue, when it should be a straightforward discussion and analysis of
data among experts. The inquiry into the origins of this pandemic must
be science-based and have access all relevant data, samples, and
information. We owe it to our people and people all around the world to
look thoroughly and apolitically into the origins of COVID-19.
Question. In the same piece, you wrote the following: ``By 10
January 2020, the consortium had sequenced and publicly released
partial sequences obtained from a patient in Wuhan that demonstrated at
least 70 percent similarity in genetic material to severe acute
respiratory syndrome (SARS). Such transparency in sharing sequence
information is critical for the development of diagnostic tests and
potential therapy and vaccines to help control the outbreak, should it
spread widely. The sequences were deposited in GenBank.'' The
``transparency'' you praised was not transparency at all. It was the
result of a brave Chinese scientist, Zhang Yongzhen, releasing the
sequences without Beijing's permission. Zhang's lab at the Shanghai
Public Health Clinical Center sequenced the full genome of SARS-CoV-2
by January 5, and immediately shared the sequence with the National
Health Commission and sought permission to publish. After receiving no
answer for six days, Zhang asked a colleague in Australia to release
the sequence on GenBank on January 11 (local time). A day later, the
authorities closed his lab for ``rectification.'' The NHC did not share
the genome sequence with the WHO until after Zhang published it. We
have a whistleblower to thank for the information that allowed us to
develop our diagnostic tests, vaccines, and treatments, not the PRC
authorities. When you wrote this article, did you know that the
``transparency'' you praised was actually a courageous scientist acting
in defiance of Beijing for the sake of global public health?
Answer. No.
Question. On January 3, the PRC National Health Commission issued a
confidential gag order to prevent Chinese scientists from sharing
information related to the virus with anyone without authorization and
ordered them to destroy samples in their possession. While this
information did not becoming publicly known until April 2020, given the
extent of the initial cover up with SARS in 2003-2004, and many other
instances of PRC authorities covering up, distorting, or
misrepresenting data of various types over the years since then,
shouldn't you have been more skeptical of Beijing's claims early in the
outbreak?
Answer. My position at the time was we would take the information
in good faith in the hopes it would encourage a meaningful partnership
to fight COVID-19. Over time it became apparent that not all the
information was being freely shared.
Question. Thanks to investigative reporting by brave Chinese
journalists, we've known since 2021 that the genome had been sequenced
by commercial companies at least as early as December 27, 2019, and
these companies had provided the results to Wuhan and central
authorities. So the truth is far more complicated than the picture that
you painted in your article, which was based on data curated by
Beijing. Do you regret jumping to conclusions in the absence of
reliable data? In retrospect, how do you account for this misjudgment?
What lessons have you learned?
Answer. At that time, we sincerely thought that maybe the
relationship Africa CDC had fostered with Chinese counterparts would
yield scientific dividends to fight COVID-19 and as a result of our
scientific and technical exchange, there would be the emergence of
information to fight the spread. With hindsight now, it is clear that
we were premature in drawing conclusions that did not stand the test of
time.
Question. Going forward, do you commit to being more circumspect
when making assessments of developing situations, and more skeptical of
data coming out of China?
Answer. Yes.
Question. If confirmed, will you rigorously question the integrity
and quality of any assistance provided by the Chinese Communist Party
to global AIDS relief?
Answer. Yes.
Question. I understand that you played a leading role in standing
up Africa's CDC. While more coordination in infectious disease control
is certainly needed in Africa, Africa's CDC was built and funded by
China. Similarly, Beijing designed, built, and paid for the African
Union's $200 million headquarters, with Huawei installing its servers.
It turns out that the headquarters was hacked and had its data
transferred to a server in China. This raises concerns that Beijing
will seek to steal data from the Africa CDC in the same way they did
with the AU headquarters. Can you explain your role more in Africa's
CDC?
Answer. As a U.S. Government official, I was seconded from the U.S.
Centers for Disease Control and Prevention to the Africa Centers for
Disease Control and Prevention as its Director from 2021-2026. The AU
process dictated how Africa CDC would be financed; my role was to
realize a vision I had to build local competency and resilience and
expand partnership between the U.S. CDC, my home of thirty years, and
Africa.
Question. Did you ever push back on China's role in constructing
the facility?
Answer. The decisions were promoted through complicated AU
discussions and negotiations. I had no vote.
Question. Since establishing the President's Emergency Plan for
AIDS Relief (PEPFAR), Congress has stipulated that the program has
overall management and budget authority across agencies, enabling it to
strategically guide U.S. efforts on global HIV and AIDS. In addition,
as a program situated in the State Department, PEPFAR has been able to
incorporate global health leadership with U.S. diplomatic assets,
helping to integrate its work on the ground and strengthening its
relationships with partner governments. Many have credited these
attributes as core to PEPFAR's success. What do you see as
opportunities to utilize the program's diplomatic relationships and its
cross agency authority to address the next phase in the global HIV
response?
Answer. First, all credit to PEPFAR's founding legislation which
equipped the U.S. Global AIDS Coordinator with the budget, authority,
and the Department of State's foreign assistance leadership to execute
what I believe is one of the most successful development initiatives
ever launched by a country. That focus, aligned with impressive support
to keep the program committed to its goal has yielded dividends that
can appropriately evolve into an effective multisectoral instrument to
demonstrate how a focused approach to problems can continue to drive
results and make a lasting impact. If confirmed, I will work
collaboratively with all stakeholders to identify ways we can continue
to expand country responsibility on sustaining HIV impact.
Question. If confirmed, will you continue to maintain PEPFAR's
management and budget authority across the interagency?
Answer. Yes, and if confirmed, I commit to working with Congress on
this matter.
__________
Responses to Additional Questions for the Record Submitted
to Dr. John N. Nkengasong by Senator Bill Hagerty
Question. In January 2021, the State Department called for a
transparent and thorough investigation into the origin of the COVID-19
pandemic. Understanding the origin of COVID-19 is essential to advance
global public health, economic recovery, and international security. In
particular, the State Department urged the World Health Organization to
press the Government of China to show transparency and share
information about the initial outbreak and spread of COVID-19. China,
however, has resisted the international community's effort to
understand the outbreak and spread of COVID-19. What is your view of
China's role in the outbreak and spread of COVID-19?
Answer. While fighting the current COVID-19 pandemic must be our
priority, understanding its origins and transparency of data are
critical to prepare for, prevent, and more rapidly respond to the next
pandemic. If confirmed, I will work across the U.S. Government
interagency and with our external partners to ensure that we continue
to support the WHO's ongoing efforts to identify the origins of COVID-
19. Toward this end, WHO has appointed a new expert panel to focus on
better managing outbreaks of unknown origin in the future, and, if
confirmed, I will cooperate with it to the extent appropriate.
Revised Response (Received April 26, 2022)
Answer. In its own backyard, the People's Republic of China (PRC)
responded to COVID-19 by cracking down on public health officials who
wanted to alert the world on early observations about how the virus was
spreading, which could have saved lives. The lack of transparency and
misinformation by PRC officials, their actions to block flow of helpful
information from their own scientists, and the PRCs refusal to
collaborate with countries when it was crucial to do so led to the
escalation of this pandemic. I agree that the inability of WHO to
compel collaboration by PRC hampered global efforts further. The United
States must counter the PRC's misleading narratives everywhere they
emerge. I worked to counter these by publicly acknowledging U.S.
efforts and raising the profile of the United States for being the
largest contributor of vaccines, while also privately working
diplomatically to dispel misinformation circulating amongst AU Member
States. If confirmed, I will work tirelessly to ensure the preeminence
of the United States as the credible partner to assist in mitigating
COVID-19, including through the provision of safe and effective
vaccines globally at no cost, and set countries on a course for true
health security.
Question. What mistakes, in your view, did China commit in the
outbreak and spread of COVID-19?
Answer. As the world continues to seek to control the COVID-19
pandemic, we must ensure the lessons we have so painfully learned are
never repeated. If confirmed, I will work with both the U.S. Government
interagency and collaborating partners to strengthen the global health
architecture so that all countries are better prepared to prevent,
detect, and respond to the threats of infectious disease.
Revised Response (Received April 26, 2022)
Answer. The primary mistake the People's Republic of China (PRC)
made, in my view, was its choice to hide the truth of its earliest
observations of how the COVID-19 virus spread. Once it became clear
that the virus spread asymptomatically, it was crucial that the world
know that fact immediately. The PRC's blocking the WHO from conducting
an independent investigation was another mistake, leading to
perceptions, rather than science driving global decision-making. Also,
as stated above, the PRC's cracking down on public health officials who
wanted to alert the world on early observations about how the virus was
spreading, which could have saved lives, was a serious miscalculation.
Lastly, the spread of misinformation has been concerning. For instance,
despite the May 2020 statement by the PRC leadership that $2 billion
will be allocated to fight COVID-19, no funding has materialized.
Question. From 2016 to 2021, you served as the Director of Africa's
Center for Disease Control and Prevention. China has used public health
assistance to Africa to exert further influence often at the expense of
Africans. Please provide details on your cooperation and collaboration
with the Government of China during the time that you served as the
Director of Africa's Center for Disease Control and Prevention?
Answer. In my role as Director, our goal was to broaden
collaboration. I sought to create as many partnerships and third-party
engagements to support the needs of AU member states. Since the Ebola
outbreak, in seeking a coordinated response, the Africa CDC forged
partnerships with China, with the EU, with the United States and many
others, to collaborate on technical issues that would enhance health
security. When COVID appeared, Africa CDC leveraged WHO to try to bring
China into the on-going dialogue on how best to understand the etiology
of this new disease.
Revised Response (Received April 26, 2022)
Answer. As Director of the Africa CDC, an agency of the African
Union, it was my role to confront threats to the health of over a
billion people, and I supported a global appeal to make safe and
effective, World Health Organization Emergency Use Listing Procedure
(WHO EUL)-approved vaccines available to African countries. The PRC
engaged countries on a bilateral basis, which was outside the scope of
the Director's authority, and Africa CDC had no role in countries'
decisions regarding which vaccines to administer to their populations.
When the PRC offered vaccines to the African Union Commission (AUC) in
Addis Ababa that had not received WHO EUL-approval, I opposed it very
strongly and advised the AUC to only use vaccines that had received
proper regulatory approvals. If confirmed, I will continue to push for
equitable global access to safe and effective COVID-19 vaccines. When I
arrived in January 2017 as Director, my priority was to develop a 5-
year strategic plan for Africa CDC. I used the plan, which was endorsed
by the Africa CDC governing board, to constrain the ability of the PRC
to discuss public health priorities for Africa only in the context of
the strategic plan. For instance, I stopped programs to send young
African scientists to China for short term training, and instead argued
that such training could be done on the continent of Africa.
Question. When you served as the Director of Africa's Center for
Disease Control and Prevention, what efforts did you take to protect
the data of Africans from exploitation by China?
Answer. Data use and sharing is an important aspect of the COVID-19
response, and AU member states encouraged data transparency, which was
instrumental in mitigating transmission of the virus across the
continent. Relevant data were also available to our technical partners
including China and other countries to inform mitigation and vaccine
efforts.
Revised Response (Received April 26, 2022)
Answer. Africa CDC has requested that all software--including the
building's information and data management systems--be handled by an
independent group, as opposed to the People's Republic of China (PRC)
state-owned enterprise, to ensure that it is under the strict oversight
of the African Union. Currently, Africa CDC is actively looking for
African organizations that can develop needed software for Africa CDC,
so that the PRC is not doing it for Africa CDC. The African Union seeks
transparency within every partnership, including on infrastructure
development, and does not condone spying or unauthorized data sharing.
Question. If confirmed, what limitations or safeguards will you put
in place for all future interactions with the Government of China?
Answer. If confirmed, I will work aggressively to draw on America's
comparative advantages in global health and development and engage
directly with partner countries and civil society to ensure that good
governance, transparency, and accountability are integrated into all
our PEPFAR programming.
Revised Response (Received April 26, 2022)
Answer. One obvious limitation that should be imposed on the
People's Republic of China (PRC) is unfettered access to data and
information which has been the hallmark of scientific collaborations
before COVID-19. It would be important to not simply embrace the high
cost of PRC inaction, but for the United States to boldly call for
adoption and implementation of new global standards for health
engagement with the PRC based on the painful lessons learned. Any
interaction with the PRC should be handled with the utmost of care. If
confirmed, where PRC influence is taking hold, I would seek for PEPFAR
to be more outspoken to safeguard against PRC-induced corruption, and
to speak more about PEPFAR's tremendous investment over time, it's very
visible impact on HIV for the citizens of the countries, and the health
systems that have helped respond to COVID-19 and other health threats
and stand to further promote health security efforts.
Question. PEPFAR has previously worked best when U.S. taxpayer
dollars were granted to partner countries only in return for concrete
improvements in their processes. In specific, U.S. taxpayer dollars
must operate as an instrument of accountability-not simply as largesse
for foreign governments. A key goal of U.S. foreign assistance should
be to ensure that recipients someday achieve self-reliance. If
confirmed, what are your plans to impose accountability on partners of
PEPFAR program to ensure high performance?
Answer. PEPFAR is recognized as an exemplary steward of American
taxpayer dollars. I believe it has some of the most rigorous data
reporting and monitoring measures in place across all its programs that
tracks to real outcomes. If confirmed, I intend to ensure program and
policy decisions continue to be driven by the most robust, granular
data available so that U.S. taxpayer dollars continue to have the
greatest impact and reach those with the greatest need and at highest
risk--a hallmark of the PEPFAR program. I will work collaboratively
with countries, and with my counterparts in the diplomatic corps and
development community, to identify ways we can continue to expand
country functional and financial responsibility and capacity for self-
reliance.
Revised Response (Received April 26, 2022)
Answer. PEPFAR is recognized as an exemplary steward of American
taxpayer dollars. I believe it has some of the most rigorous data
reporting and monitoring measures in place across all its programs that
track to real outcomes. If confirmed, I intend to ensure program and
policy decisions continue to be driven by the most robust, granular
data available so that U.S. taxpayer dollars continue to have the
greatest impact and reach those with the greatest need and at highest
risk--a hallmark of the PEPFAR program. I will work collaboratively
with countries, and with my counterparts in the diplomatic corps and
development community, to identify ways we can continue to expand
country functional and financial responsibility and capacity for self-
reliance.
Question. If confirmed, what are you plans to empower recipients of
PEPFAR foreign assistance to eventually achieve self-reliance?
Answer. Because of PEPFAR's support, countries are achieving or
nearing epidemic control of HIV. We must work together with others as
epidemic control is a dynamic state. Many partner governments have
increased their investment in their respective HIV response over time.
However, several cannot, and this has been compounded recently by
COVID-19. PEPFAR is not a replacement for partner government
responsibility. If confirmed, I will support efforts to promote self-
reliance by developing more efficient models of service delivery and
strengthening technical, managerial and financial capacity for partner
governments to maintain key services, systems and resources stewarded
by local institutions.
Revised Response (Received April 26, 2022)
Answer. Because of PEPFAR's support, countries are achieving or
nearing epidemic control of HIV. We must work together with others as
epidemic control is a dynamic state. Many partner governments have
increased their investment in their respective HIV response over time.
However, several cannot, and this has been compounded recently by
COVID-19. PEPFAR is not a replacement for partner government
responsibility. If confirmed, I will support efforts to promote self-
reliance by developing more efficient models of service delivery and
strengthening technical, managerial, and financial capacity for partner
governments to maintain key services, systems and resources stewarded
by local partners and institutions.
Question. During your SFRC nomination hearing on March 15, 2022,
you referenced your desire to continue to strengthen cooperation with
the World Health Organization (WHO) in an effort to curb the current
global pandemic, as well as prevent the next pandemic. The WHO,
however, has come under significant scrutiny as a result of its
inability to conduct a thorough and comprehensive investigation into
the origin of COVID-19 from China. Moreover, China's increasing
influence at the WHO continues to jeopardize the integrity of the
organization. What is your view of the World Health Organization's role
in the outbreak and spread of COVID-19?
Answer. The WHO plays a key role in helping countries to prepare
and respond to a wide range of health issues. During the COVID-19
pandemic, the WHO has ensured that vital supplies reach frontline
health workers with personal protective equipment (PPE), diagnostics,
and other tools. If confirmed, I will work across the U.S. Government
interagency and with our external partners to ensure that we continue
to support reforms and improvements of the WHO, including its ability
to thoroughly and transparently lead studies into outbreaks of unknown
origin. American leadership and American values can help to strengthen
the WHO, ensure availability and accessibility of health services for
all people, and support a recovery from the global disruption of COVID-
19 to enhance preparedness, detection, and response to future pandemics
in order to protect everyone.
Revised Response (Received April 26, 2022)
Answer. The WHO took an overly supportive posture of the People's
Republic of China (PRC) at the start of the pandemic, which tempered
the more aggressive stance all nations should have taken when
information on the potential of COVID-19 to spread widely was scarce.
Following that misstep, the WHO has ensured that vital supplies reach
frontline health workers with personal protective equipment (PPE),
diagnostics, and other tools. If confirmed, I will work across the U.S.
Government interagency and with our external partners to ensure that we
continue to support reforms and improvements of the WHO. I will support
the U.S. negotiating team that is exploring how to strengthen the WHO's
ability to lead transparent studies into outbreaks of unknown origin
through language in a possible new international agreement. American
leadership and American values can help to strengthen and reform the
WHO, ensure availability and accessibility of health services for all
people, and support a recovery from the global disruption of COVID-19
to enhance preparedness, detection, and response to future pandemics in
order to protect everyone. A reformed and accountable WHO is what is
needed most to ensure that the world does not witness such a
catastrophic pandemic again.
Question. What should the United States do to achieve
accountability and competence from the World Health Organization?
Answer. Much work remains to strengthen and improve the performance
of the WHO and our global pandemic preparedness and response. If
confirmed, I will support the work of our U.S. Government interagency
team to strengthen and reform the WHO, I look forward to working with
you and others in joining the effort to do so.
Revised Response (Received April 26, 2022)
Answer. Much work remains to strengthen, reform and improve the
performance of the WHO and our global pandemic preparedness and
response. The United States wants to strengthen the role of Member
States in WHO governance, specifically in determining the strategic
direction and core functions of WHO. The United States has highlighted
several high-priority reform areas with WHO where we understand there
is Member State consensus to move forward quickly, including WHO
governance, budget and financial transparency and oversight,
accountability, allocation of resources between headquarters, regional
and country offices, human resources management, and compliance, risk
management, and ethics. We must work to match funding to expectations,
ensure the institution moves forward on reforms, and strengthens
capacity to govern disease events in a more transparent manner. If
confirmed, I will support the work of our U.S. Government interagency
team to strengthen the role of Member States and press for reform at
the WHO. I look forward to working with you and others in joining the
effort to press on the reform area of accountability.
__________
Responses to Additional Questions for the Record
Submitted to Dr. Monde Muyangwa by Senator Robert Menendez
Question. Global sovereign debt is at record levels--the highest in
50 years and triple 2008 levels; China is Africa's largest bilateral
creditor, holding more than 20 percent of African debt--and payments to
China account for nearly 30 percent of 2021's debt service. The rise of
commercial creditors is another trend, with nearly half of African
countries' public sector debt owed to the private sector. This shift in
the lender landscape brings with it a set of challenges, particularly
the increasing levels of opaque or hidden debt; collateralization of
strategic reserves and commercial interest rates. This dynamic has a
high social cost with ballooning debt service payments, diverting funds
from vital public services. Of equal concern is the impact opaque debt
has on democratic governance in terms of facilitating corruption,
bolstering authoritarians, and expanding foreign malign influences.
Under your leadership, how will USAID raise awareness of the
challenge of hidden debt and leverage democracy assistance
programs to support parliaments, civil society, governments,
and others to prioritize transparency, oversight, and sound
debt management?
Answer. I understand that USAID supports partner government
institutions to become more transparent, responsive, and effective.
This includes efforts to strengthen justice systems, enhance public
administration and public financial management, and promote
transparency and accountability across the public sector. In addition,
USAID supports civil society, media and government entities to perform
and enhance oversight functions and information sharing. Finally, I
understand that under Prosper Africa, USAID also seeks to increase
investment from U.S. institutional investors, further demonstrating an
alternative to state-backed debt financing of the United States'
strategic competitors. If confirmed, I will work with colleagues in the
Bureau for Africa to strengthen theseefforts.
Question. When our attention is focused on crises such as the spate
of coups or closing democratic space, we sometimes overlook countries
that are quietly moving in the right direction and merit additional
support and assistance.
What does the U.S. provide to countries as a ``democracy dividend''
when they do show progress or begin transitions?
Answer. I believe that it is important to support countries as they
work to demonstrate to their citizenry that democracy leads to improved
social and economic outcomes. Demand for democracy in Africa remains
high, underscoring the need to encourage open dialogue to identify
opportunities and challenges and help governments to manage
expectations.
Moreover, Africa is home to many of the world's most striking
democratic openings in recent years, for example those in Zambia,
Malawi, and Gambia. It is crucial that we help democratic reformers in
countries like these succeed.
Question. What should we be doing by way of assistance to help
cement transitions?
Answer. It is important for development actors to listen to
government officials and citizens in partner countries to understand
how assistance can be deployed to encourage positive state-society
relations that will support democratic development and consolidation.
There is not a single approach, and responses should be tailored to the
country-specific context. Efforts may include capacity building of
government institutions, delivery of basic services, facilitating
consultative and participatory decision-making, or peacebuilding and
reconciliation activities, among others.
Question. Do you commit to coming back to the committee with your
ideas for a democracy dividend for countries that take important steps
toward democratic transitions, if confirmed?
Answer. Yes, if confirmed, I commit to consulting with the
committee and sharing my ideas for how USAID can support countries that
are demonstrating democratic progress.
Democracy and Human Rights
Question. If confirmed, do you commit to meet with civil society
members, human rights and other non-governmental organizations in the
U.S. and with local human rights NGOs, and other members of civil
society across Africa? What steps will you take to pro-actively address
efforts to restrict or penalize NGOs and civil society via legal or
regulatory measures?
Answer. Yes, if confirmed I will prioritize meeting with civil
society actors in the U.S. and from African countries as a means to
ensuring their voices, which are critical to advancing development
solutions, are heard. Supporting civil society also means working to
promote an enabling environment where organizations and citizens can
operate freely. This may include supporting civil society demands to
reverse draconian laws and calling out repressive measures. If
confirmed, I will also work closely with my counterparts at the
Department of State to encourage diplomatic engagement on rolling back
restrictive measures and advocating against the adoption of new
measures.
Question. Will you and your USAID team actively engage with civil
society and government counterparts on countering disinformation and
propaganda disseminated by foreign state or non-state actors on the
continent?
Answer. The rapid growth of social media in particular has changed
how the world communicates, and with that comes increasing risks of
misinformation and disinformation. I believe that USAID does have a
role to play in ensuring that partners have the tools to combat
misinformation and disinformation, which may require training service
providers, as well as promoting the role of traditional media and
journalists, to disseminate accurate information.
Question. Will you commit to using your position, if confirmed, to
defend the human rights and dignity of all people in across Africa, no
matter their sexual orientation or gender identity? What challenges do
the lesbian, gay, bisexual, transgender and queer (LGBTQ) people face
in Africa?
Question. Yes. LGBTQI+ people throughout Africa face harassment,
physical attacks, and arrest, and are often denied access to basic
education, health, housing, economic opportunities, and other services.
Their participation in democratic processes and government is also
limited. If confirmed, I pledge to implement USAID's comprehensive,
inclusive non-discrimination policies for the beneficiaries of USAID
assistance; ensure programs continue to reach out to the most-
marginalized members of society, including LGBTQI+ populations; and
elevate the importance of practices that ensure the dignity of all
Africans, irrespective of their gender identity or sexual orientation.
Congressional Consultations
Question. How do you intend to revitalize the relationship between
Congress and USAID through the Africa Bureau? What steps will you take
to make sure transparency is a central tenant within USAID's programs?
Answer. I appreciate the support that this committee, and the full
Congress, have given to matters on the African continent over the
years. Your attention to key issues affecting the continent and
continued focus on opportunities for U.S. assistance has been
invaluable. If confirmed, I will take steps to ensure that transparency
is core to all of USAID's programming in Africa, and look forward to
consulting with you on a regular basis on areas of mutual concern.
Question. Will you commit, if confirmed, to ensuring that you fully
brief me and/or my staff each time you are in Washington for visits or
consultations during your tenure as Assistant Administrator of the
Africa Bureau of USAID?
Answer. Yes. If confirmed, I commit to briefing the committee and
consulting with the committee throughout my tenure at USAID.
Power Africa
Question. The initial Electrify Africa Act of 2015 embraced all
power generating options available, including fossil fuels. Times are
changing and the availability and effectiveness of renewables have
never been better, in addition to the need for rapid decarbonization.
What direction do you think Power Africa should go to meet both
energy needs and mitigation goals?
Answer. I believe that Power Africa will continue to drive energy
transformation for sub-Saharan Africa under the Electrify Africa Act of
2015 and support the Administration's climate action agenda. It is my
understanding that Power Africa and USAID take a renewable energy first
approach, but will consider support for carbon-intensive power projects
to achieve highly impactful development objectives that cannot be met
by less carbon-intensive alternatives under the Administration's
Interim International Energy Engagement Guidance. If confirmed, I will
work with my colleagues in Power Africa to continue to promote mutual
economic prosperity between the U.S. and African partners via
technical/field expertise, innovation, investment, and enabling
environment reform. With a strong emphasis on renewable energy and
advancing the pledged climate ambitions of both the U.S. Government and
African leaders, the ambitious goals of the program continue to advance
universal energy access--adding 30,000 megawatts and 60 million
connections by 2030, in addition to tracking metric tons of carbon
dioxide equivalent (CO2e), reduced, sequestered, or avoided through
clean energy.
Question. What role should USAID play in addressing slave and child
labor and corruption in supply chains that produce materials essential
to renewable energy development?
Answer. I understand that USAID is working with interagency
counterparts to develop a policy on forced labor that will end
financing for purchases from suppliers that are the subject of a U.S.
Customs and Border Protection Withhold Release Order (WRO), on the
Commerce Entity List, or otherwise sanctioned for their use of forced
labor. In addition, USAID is dedicated to addressing the role of forced
labor in the extraction of critical minerals necessary for renewable
energy technologies and high performing batteries, noting the majority
of supplies come from Africa. This should be done through work with
interagency partners and private industry investors to promote strong
labor rights, protection for private capital, financial transparency,
and other social safeguards as the demand for ``green industry''
minerals rises.
DEI/Workforce
Question. How do you anticipate fostering diversity, equity, and
inclusion within the Africa Bureau's workforce and among its
implementing partners in Washington and overseas?
Answer. First, I would like to commend the Agency for the
designation of a Chief Diversity Officer. If confirmed, I look forward
to engaging with her on diversity and inclusion issues that impact the
Bureau for Africa. If confirmed, I will ensure the Bureau and USAID's
Missions across Africa continue to engage implementing partners to
promote the rights and inclusion of marginalized and underrepresented
populations throughout the development process. I also understand that
USAID is escalating its efforts to enhance staff diversity, equity, and
inclusion, and that the Bureau for Africa has a volunteer employee-led
Diversity, Equity, Inclusion and Accessibility (DEIA) Council, as do
the majority of USAID Missions in Africa. If confirmed, I will elevate
and give my full support to these efforts.
Local Partnerships
Question. What are the key challenges to meeting administrator
Power's charge that 25 percent of all USAID funds shall be programmed
via local partners, and how would you address them?
Answer. The geography and variation in size and political context
of countries across Africa require distinct approaches to advancing
localization. We have seen compelling examples of how effective
development and humanitarian assistance can be when local actors and
communities in African countries lead in addressing local challenges.
Administrator Power's 25 percent target is global in scope, and there
will be significant variation by region. In all instances, it is
essential that USAID elevate local voices, expand rigorous co-design,
strengthen local capacity, and ensure that all activities support
sustained locally led and community responsive development. This
includes taking lessons learned from historical and ongoing
localization efforts, and engaging with regional leaders and USG
stakeholders, like the African Development Fund and the Development
Finance Corporation, to determine what localization looks like for the
African continent. If confirmed, I look forward to working to unleash
the potential of local businesses and institutions in various African
country contexts.
__________
Responses to Additional Questions for the Record
Submitted to Dr. Monde Muyangwa by Senator James E. Risch
Management
Question. If confirmed, will you commit to working in a bipartisan
manner with the Senate Foreign Relations Committee, including by
providing timely, accurate, and complete information on relevant USAID
strategies, initiatives, programs and funding in Africa?
Answer. Yes, if confirmed, I commit to working with the committee
in a bipartisan manner to provide information requested in a timely,
accurate, and complete fashion.
Question. If confirmed, will you commit to upholding a zero
tolerance policy for waste, fraud, and abuse in the programs under your
purview?
Answer. Yes. If confirmed, I will uphold a zero tolerance policy
for any waste, fraud and abuse across all of USAID's programming under
my purview.
Question. If confirmed, will you also uphold a zero tolerance
policy for all USAID staff and implementing partners under your
management responsibility who engage in the sexual exploitation and
abuse of the vulnerable communities they are meant to serve?
Answer. Yes. If confirmed, I will uphold a zero tolerance policy
for any USAID staff and implementing partners under my management
responsibility who engage in any form of sexual exploitation or abuse
of any kind.
Question. What is your understanding of morale within USAID's
Africa Bureau and how, if necessary, do you intend to improve it?
Answer. It is the responsibility of leadership to be highly attuned
to the state of staff morale, particularly in large and complex
organizations such as USAID. It is my understanding that the impacts of
the COVID pandemic, the increased need to deliver development and
humanitarian assistance across the African continent, as well as the
uptick in political violence in several countries, have had an impact
on the morale of Africa Bureau staff. If confirmed, I will consult with
Africa Bureau staff, both in Washington D.C. and the field, and
representatives from the Office of Human Capital and Talent Management
to gauge the state of morale as well as the resources available to
address staff concerns, and develop a plan of action to address the
issues identified.
Question. How do you intend to create a unified mission and vision
across the Africa Bureau's offices, initiatives, and programs while
holding managers and implementing partners accountable for transparency
and results?
Answer. If confirmed, I will work to promote joint strategic
planning within the Bureau to overcome stove-piping and unify across
streams. I will empower components to develop contextualized
implementation plans with clearly stated objectives and results that
derive from and support the Africa Bureau joint strategy and its
priorities. I will also work with Bureau leadership to continually
highlight the importance of our unified mission and the factors that
make for a successful ``Team USAID.'' Where necessary, I will
strengthen the Bureau's various mechanisms for accountability and
transparency, including performance reports, site visits, robust
program evaluations, and audits.
Question. How would you describe your management style?
Answer. I would describe my management style as vision-driven and
results-oriented. My goal is to create an inclusive, team-oriented
environment where staff are held accountable for achieving results and
feel empowered and supported by management.
Question. In your view, how would your management style translate
to USAID, where your workforce and implementing partners are composed
of a dizzying array of career foreign and civil servants, political
appointees, Foreign Service Limited appointments, Participating Agency
Service Agreements, foreign governments, international organizations,
contractors, and grantees, often with competing priorities and
interests?
Answer. I spent 13 years at the Africa Center for Strategic Studies
and eight years at the Wilson Center leading diverse teams composed of
federal employees, foreign nationals, and contracted staff hired under
various employment mechanisms. If confirmed, I will utilize my
experience to address staffing and human resource concerns that may
hinder a cohesive, team-oriented work environment. My transparent and
agile management style will allow me to effectively balance the
Bureau's competing priorities while holding everyone accountable for
achieving the overall Agency and U.S. Government foreign policy
objectives.
President's Emergency Plan for AIDS Relief (PEPFAR)
Question. USAID missions have a long history of stretching the
boundaries when it comes to permissible uses of PEPFAR funds,
including: using PEPFAR funds to finance the construction of schools in
Malawi despite the availability of education funds earmarked by
appropriators annually for this purpose; using PEPFAR funds statutorily
set aside to support children who have been made vulnerable by HIV/AIDS
for activities with no discernable connection to HIV/AIDS; and by using
PEFPAR funds to support salaries for implementing agency staff who are
only nominally focused on combatting HIV/AIDS.
If confirmed, will you commit to ensuring all U.S. Government-
supported efforts to combat HIV/AIDS globally are efficient,
effective, aligned, and complementary to the work of the Office
of the U.S. Global AIDS Coordinator and Health Diplomacy?
Answer. Yes. If confirmed, I commit to ensuring USAID's HIV/AIDS
efforts are efficient, effective, aligned, and complementary to the
work of the Office of the U.S. Global AIDS Coordinator and Health
Diplomacy (OGAC).
Question. Will you work to ensure that implementing missions and
partners meaningfully contribute to, but also strictly adhere to,
PEPFAR's Country Operating Plan (COP) process?
Answer. If confirmed, I will work to ensure continued Africa Bureau
engagement with Missions and partners in the field to ensure meaningful
contributions to, engagement with, and adherence to each country's
annual PEPFAR Country Operating Plan (COP) process. In addition, I will
fully collaborate with Global Health Bureau leadership, who remain
USAID's principal interlocutor with the Office of the U.S. Global AIDS
Coordinator.
Localization
Question. Successive administrations--both Democrat and
Republican--have launched initiatives to ``localize'' U.S. foreign
assistance, including by building the capacity of local partners to
design programs and manage U.S. funds directly, rather than working as
sub-awardees to large, U.S.-based development contractors and non-
governmental organizations. There has, however, been confusion about
how ``localization'' is defined and measured across the implementing
agencies, and how oversight of local partners should be conducted.
What should ``localization'' look like in Africa?
Answer. The geography and variation in size and political context
of countries across Africa require distinct approaches to advancing
localization. We have seen compelling examples of the effectiveness of
development and humanitarian assistance when local actors and
communities in African countries lead in addressing local challenges.
Administrator Power's 25 percent target is global in scope, and there
will be significant variation by region. In all instances, it is
essential that USAID elevate local voices, expand rigorous co-design,
strengthen local capacity, and ensure that all activities support
sustained locally-led and community responsive development. This
includes taking lessons learned from historical and ongoing
localization efforts, engaging with regional leaders and USG
stakeholders, like the African Development Fund and the Development
Finance Corporation, to determine what localization looks like for the
African continent. If confirmed, I look forward to working to unleash
the potential of local businesses and institutions in various African
country contexts.
Question. If confirmed, will you commit to working with Congress to
establish a formalized definition and plan for ``localization'', to
include support for partner government investment strategies and direct
funding for both local faith- and community-based organizations?
Answer. If confirmed, I commit to working with USAID colleagues and
with Congress to implement the vision for localization described by
Administrator Power in her November 4, 2021 policy speech at Georgetown
University, including plans for government-to-government assistance,
where appropriate, and direct funding for local faith- and community-
based organizations as critical partners in USAID's localization
efforts.
Question. If confirmed, how would you approach oversight of local
partners by USAID's missions in Africa?
Answer. USAID has significant experience partnering directly with
local actors across Africa, in a variety of contexts. It is my
understanding that USAID awards in Africa and around the globe include
substantial compliance provisions, both required by law and enhanced
through USAID-specific policies to ensure that the Agency is an
effective steward of taxpayer dollars. Similarly, direct awards are
monitored by Agency staff to ensure compliance with award terms and
conditions and to ensure the achievement of the intended results. If
confirmed, I would ensure that USAID staff are appropriately trained
for, and properly implement, these robust award management and
oversight duties.
Humanitarian Assistance
Question. The Office of Management and Budget (OMB) has released a
memo which, among other things, directs the new OMB Made in America
Office to ``review how best to ensure agency compliance with cargo
preference requirements to maximize the utilization of U.S.-flag
vessels, in excess of any applicable statutory minimum, to the greatest
extent practicable.'' This is likely to increase pressure upon USAID to
exceed existing cargo preference requirements for food aid under the
Food for Peace Act, notwithstanding the fact that the Government
Accountability Office (GAO) repeatedly has found that such requirements
significantly increase the cost of food aid while failing to advance
the purposes of the Cargo Preference Act of 1954.
In your testimony, you delivered impassioned remarks about how
USAID's delivery of U.S. international food aid in Zambia
impacted you personally. Given growing needs across the world,
and particularly in areas beset by conflict and food insecurity
in Africa, do you agree that it is incumbent upon USAID, in
partnership with Congress, to stretch our aid dollars as far as
possible so we can reach more people in need, in less time, and
at less expense?
Answer. If confirmed, I am committed to working with Congress to
make USAID's programming as effective and efficient as possible in
combating rising food insecurity and building the resilience of
vulnerable communities. Each of the food assistance modalities--U.S.
in-kind food contributions, locally and regionally procured food, and
cash-based programming--complements the others in addressing food
insecurity efficiently and effectively. Now more than ever, it is
critical to maximize USAID's ability to reach more people in need, in
less time, and at less expense.
Question. Do you agree that U.S. cargo preference requirements for
food aid have outlived their statutory purpose?
Answer. At this time of unprecedented global humanitarian need,
USAID's ability to reach hungry people and improve the efficiency of
its programs is of utmost importance. Cargo preference requirements
increase the cost of programming U.S. in-kind commodities in
humanitarian programs. If confirmed, I will work closely with USAID's
Bureau for Humanitarian Assistance and interagency partners to ensure
USAID food assistance most efficiently and effectively reaches those
most in need in compliance with all applicable rules and regulations.
Question. If confirmed, will you commit to working with Congress to
reform U.S. international food aid programs and bolster the Global Food
Security Strategy in a manner that saves lives, supports early
recovery, stimulates agriculture-led economic growth, and ultimately
promotes self-reliance in Africa?
Answer. Yes. The most marginalized populations are bearing the
brunt of the COVID-19 pandemic's impact. The war in Ukraine is also
driving up global food prices, which could cause increases in food
insecurity and malnutrition. I understand that USAID is leveraging
short-term and long-term programs to respond. This includes engaging
governments on trade and inclusive economic growth policies; engaging
government and private sector partners to increase access to nutritious
food; working with small and medium sized enterprises across food
systems; transitioning households and communities off of assistance;
and supporting governments to create and strengthen their existing
social protection systems. If confirmed, I commit to working with
Congress to combat food insecurity and malnutrition in Africa.
Branding
Question. Given your experience noted above, how important is the
USAID ``brand?''
Answer. The USAID brand is critical. I recognize that branding the
Agency's work is required by law under the Foreign Assistance Act of
1961. While recognizing there are limited exceptions to branding to
maintain partner safety and security, the USAID brand should be front
and center as it drives trust, reputation, and impact. Around the
world, it's important that the people who visit the clinics that USAID
modernizes, or attend the schools that USAID builds, realize that these
facilities have been provided or upgraded with the support of the
American people. This recognition not only makes people aware of the
good work that the Agency does, but it also helps ensure USAID funding
continues, and can help inspire new partnerships. The USAID brand also
helps American taxpayers understand where their tax dollars are going.
If confirmed, I am committed to maintaining the brand equity that USAID
has built over the years.
Question. If confirmed, will you commit to ensuring that United
States foreign assistance in Africa is appropriately branded?
Answer. While recognizing there are limited exceptions to branding
to maintain partner safety and security, I am committed to USAID
branding, and if confirmed, will work to ensure that United States
foreign assistance in Africa is appropriately branded in all instances.
I believe appropriate branding sends a strong public diplomacy message
by conveying that United States assistance is due to the generosity of
the American people.
Question. If confirmed, will you commit to ensuring full and
complete compliance with current law, which prohibits the use of U.S.
foreign assistance to perform or promote abortion as a method of family
planning, support involuntary sterilizations, or lobby for or against
the legalization of abortion overseas?
Answer. Yes. If confirmed, I commit that the Agency will follow the
law and ensure compliance with all applicable laws and regulations,
including those related to family planning and abortion.
Question. Do you recognize the fungibility of U.S. foreign
assistance? If confirmed, will you commit to ensuring that U.S. foreign
assistance does not enable implementing partners to perform or promote
abortion as a method of family planning, perform involuntary
sterilizations, or lobby for or against the legalization of abortion?
Answer. It is my understanding that USAID does not fund abortion.
If confirmed, I commit to continuing to comply with the law, including
the Helms and Siljander amendments, in implementing the Agency's
programs, including voluntary family planning and reproductive health
programs.
Power Africa
Question. In the face of growing Chinese influence and investment,
and in the wake of the COVID-19 pandemic, there arguably has never been
a more important time to advance U.S. strategic programs to reduce
energy poverty, support transformative energy development, and
stimulate economic recovery in Sub-Saharan Africa. Yet, the President's
FY 2022 budget request proposed to reduce by 26 percent funding for one
of the most important instruments the USG has in its arsenal to
accomplish these goals--Power Africa--while simultaneously imposing
carbon caps and renewable energy mandates that inevitably will push
developing economies in sub-Saharan Africa closer to China.
Should reducing energy poverty in sub-Saharan Africa be a priority
for USAID?
Answer. Yes. Ending energy poverty remains one of the greatest, if
not the greatest, development challenges of our time. Power Africa will
continue to increase access to power and the use of clean energy, as
well as support investments in regional renewable energy programs in
sub-Saharan Africa.
Question. If so, how can that reasonably be accomplished while the
Administration redirects funding for Power Africa to undefined climate
change objectives and abandons the bipartisan, bicameral agreement on
an ``all-of-the-above'' approach under the historic Electrify Africa
Act?
Answer. I believe the Agency's work through Power Africa, which
leverages investments from U.S. and global partners, including the U.S.
International Development Finance Corporation, will be able to achieve
strong and lasting results. In line with the Electrify Africa Act,
Power Africa targets resources to develop and offer the best tools,
services, and solutions from the private and public sector, including
its 12 U.S. Government agency partners, to promote transparent market-
driven energy development in sub-Saharan Africa. Power Africa takes a
country by country, project by project approach when evaluating how
best to end energy poverty and builds the essential regulatory reforms
and procurement practices to support a prosperous and democratic
future.
Prosper Africa
Question. Launched by the Trump administration, Prosper Africa is a
U.S. Government initiative supported by 17 agencies and departments,
led by USAID, to increase two-way trade and investment between the
United States and Africa. In 2019, Africa accounted for just 1.4
percent of U.S. global trade and received 0.7 percent of U.S. foreign
direct investment. Such shares have declined relative to their
historical highs a decade or so ago. One vital area of Prosper Africa
that requires greater emphasis, and where USAID can play a crucial
role, is in improving the enabling environment within African partner
countries to better-attract U.S. business investment. Improvements in
anti-corruption initiatives, human rights, the rule of law, and overall
democratic governance would create better conditions for U.S.
investment. Such enhancements would also counterbalance efforts by
Chinese firms and the Chinese Communist Party to undermine free-market
competition in African markets to their advantage.
What are your views on USAID's role in promoting trade and
investment and building stronger ties between the United States
and the African continent?
Answer. I understand USAID plays a leading role in Prosper Africa.
It does so by developing innovative new programming that drives the
initiative's impact and by hosting the initiative's interagency
Secretariat, which coordinates the initiative across 17 participating
U.S. Government agencies, offers whole-of-government deal facilitation
services, and leads private sector outreach. USAID is well-positioned
to coordinate Prosper Africa due to the Agency's strong technical
expertise in all aspects of trade and investment, extensive field
presence, and flexible programs, which span the continent and allow the
Agency to fill gaps in interagency resources and capacities.
Question. How should U.S.-African trade and investment initiatives
factor into the U.S. global strategy to counter China, particularly in
Africa?
While the U.S. Government cannot match strategic competitors'
state-led approach dollar-for-dollar, Prosper Africa works to unlock
billions in U.S. private capital flows to promote Africa's economic
development, providing governments with high-quality, private
financing. The approach contributes to local job creation, greater
transparency, local economic development, citizen empowerment, climate-
smart solutions, and improved labor and environmental standards. For
example, USAID partners with the U.S. and African financial services
sectors to strategically deploy blended financing resources to develop
cost-effective financing tools that position U.S. and African firms to
better compete with firms receiving subsidized loans.
Question. If confirmed as USAID Assistant Administrator for Africa,
do you intend to advocate for continuing or modifying the existing
Prosper Africa initiative? If so, how?
Answer. Prosper Africa is a critically important initiative, and if
confirmed I will advocate to continue it. It is my understanding that
businesses have told USAID that they find it difficult to access the
U.S. Government's tools and services; they don't have enough
information to do business effectively; and, for U.S. businesses and
investors, their perceived risk of doing business in Africa is very
high. Prosper Africa addresses these constraints by offering a one-stop
shop where companies and investors can access the right U.S. Government
services to meet their needs; and the initiative brings new resources
to modernize the U.S. Government's toolkit to more effectively advance
deals, improve enabling environments, promote market opportunities, and
deepen financial and capital markets.
Question. How can the U.S. Government, through USAID programs, most
effectively support efforts to improve the enabling environment for
competitive foreign investment by U.S. firms in Africa? What types of
partnerships work best?
Answer. Robust enabling environments are critical for investors who
have a difficult time evaluating and taking risk in African markets
that often don't have clear regulations or reliable, consistent data on
investment performance. Through Prosper Africa, USAID and other
participating agencies have ramped up support for the investment
ecosystem that gives investors the tools to evaluate risk in African
markets, including the global and local credit rating agencies, local
and global regulators, and recipient country governments. Holistic
partnerships that include investors and donors working collaboratively
with developing country governments and global regulators are the best
route to comprehensive changes that lead to transparent market capital.
Question. How can the United States best incentivize reforms and
other actions necessary to foster economic opportunity and expand two-
way trade and investment with the African continent?
Answer. I understand that through Prosper Africa, USAID coordinates
across the U.S. Government to identify and advance priority reforms.
USAID's support for customs reforms and trade facilitation (e.g.,
implementation of the World Trade Organization Trade Facilitation
Agreement and the African Continental Free Trade Area) also helps
countries establish the laws, policies, and practices necessary to
facilitate international trade and commerce, and minimize clearance
times and costs. This includes reducing barriers to trade and
increasing the transparency and predictability of border procedures.
This creates regional economies of scale that allow countries to become
more integrated into international value chains, thereby promoting
inclusive economic growth.
Regional
Question. Across Sub-Saharan Africa, democratic gains are under
threat as long-serving rulers manipulate constitutional and electoral
processes to remain in power while stifling dissent and limiting
opposition parties and candidates' activities. Since 2020, several
African ruling parties and incumbent leaders deployed authoritarian
tactics that manipulated democratic processes and constitutional
frameworks, including in Cameroon, Ethiopia, CAR, Tanzania, Uganda, and
Zimbabwe. More recently, the African continent has seen a spate of
coups in Mali, Guinea, Sudan, Burkina Faso and Chad. Meanwhile, across
multiple administrations, U.S. democracy and governance programs are
chronically underfunded and notoriously slow to respond to emerging
opportunities.
If confirmed, how will you prioritize reinforcing democratic
institutions and norms in Africa through USAID programs while
balancing competing priorities in the areas of economic growth,
stabilization, global health, humanitarian assistance, and
human rights?
Answer. Democracy and robust democratic institutions are necessary
for the success of other development efforts. It is a collective effort
to improve democratic outcomes while promoting economic growth and
human rights, and contributing to stabilization, global health, and
humanitarian efforts. I understand that USAID programming often works
across these subject matters, integrating the building and
reinforcement of democratic norms, processes, and principles into
programs that support health services and other development activities.
If confirmed, I will work to ensure that these linkages continue and
are deepened and that democracy issues receive the attention they
deserve as an essential element of USAID's programming in Africa.
Question. In 2018 and 2019 respectively, Ethiopia and Sudan
embarked upon unexpected democratic transitions, both of which have
experienced catastrophic setbacks and continue to face very uncertain
futures. While the United States was, and continues to be, eager to
support these transitions, rapidly mobilizing, programming, and now
redirecting the necessary resources (enabling policies, funding, and
staff) has been a challenge. If confirmed, how would you prepare
USAID's Africa Bureau to better respond to rapid democratic changes and
seize unexpected opportunities, while also being able to rapidly shift
gears if conditions of the ground warrant a change?
Answer. It is critical that USAID has the appropriate tools in its
toolbox to respond to evolving dynamics, including new efforts in
Africa to undermine democratic gains. It is my understanding that USAID
has a range of tools, resources, and programming approaches that are
utilized in rapidly changing political and crisis contexts. If
confirmed, I will seek to learn more about them, how and when they are
deployed, and to enhance their use in sub-Saharan Africa to provide
more timely and effective responses. I will ensure that the Africa
Bureau continues close partnership and coordination with the Bureau for
Development, Democracy, and Innovation (DDI), the Bureau for Conflict
Prevention and Stabilization (CPS), and other bureaus, to provide the
most effective assistance in rapidly changing contexts.
Question. What is your assessment of the efficacy of EWER systems
as an effective conflict prevention tool in Africa?
Answer. I believe that EWER (Early Warning and Early Response)
systems are an important tool that can bolster national, regional, and
local efforts to help identify potential hotspots and respond to
deteriorating situations. In Africa, regional organizations and other
local entities use EWER systems to better equip decision-makers to take
preventive action and address cross-border threats, violence risks, and
humanitarian disasters.
Question. There are long-standing concerns about the fungibility of
U.S. foreign assistance for African countries ruled by authoritarian
regimes (e.g., Uganda, Rwanda, Zimbabwe, etc.), particularly for health
and food security programs, which account for the overwhelming majority
of U.S. assistance on the continent. While this aid advances U.S.
humanitarian interests, it can also offset essential budget lines,
displace national investment, and enable authoritarian regimes to
prioritize military spending, pilfer state resources, and support
corrupt patronage networks.
Do you think it is time for the United States to undertake a
comprehensive re-evaluation of the policies, forms, and methods
of delivering U.S. foreign assistance in Africa?
Answer. USAID works in very complex environments, and I understand
that the Agency's investments in Africa, particularly in health and
food security, are structured to be sensitive to local contexts. When
providing assistance in the region, USAID works with both U.N.
organizations and international and local non-governmental
organizations to ensure that support and services go to those most in
need. USAID also utilizes a variety of tools to monitor the delivery of
assistance to ensure compliance with all applicable laws and
regulations.
Question. What should U.S. foreign assistance policy be towards
countries ruled by authoritarian regimes? How can we most effectively
deliver aid such that it reaches the intended beneficiaries without
enabling the preservation of repressive regimes?
Answer. U.S. foreign assistance in countries with authoritarian
regimes should work to improve the lives of individuals, through
health, WASH, humanitarian, and other efforts while working to empower
and protect citizen voices to demand greater rights and democracy. This
is best accomplished through civil society support, often beginning
with capacity building efforts in service provision, while improving
the ability of local civil society organizations (CSO) to advocate for
citizenry. Work with these groups can also be nimble and quick to react
to democratic openings, allowing CSOs to pivot to democratization
efforts, building on the trust that already exists between them and the
communities they represent. USAID assistance should continue to take
its cues from local partners to ensure it is as effective as possible
while managing risk appropriately.
Question. While programs like the Young African Leaders Initiative
(YALI) and the initiative's Mandela Washington Fellowship are vital,
what can USAID do to expand its reach and effectively engage with
Africa's enormous youth population?
Answer. I understand that USAID Missions in Africa engage youth not
only through the YALI initiative, but in the co-creation, design and
implementation of various sector activities, from civic engagement to
preventing climate change, to improving access to healthcare, and
increasing skills that can be applied to work, problem-solving, and
well-being. Evidence shows that youth-integrated development
contributes to greater economic growth, democracy, and stability.
Through continued USAID engagement with youth as partners to initiate,
lead, and actively participate in activities, African youth will gain
improved skills for making positive changes in their lives, gain assets
to provide for themselves and their family, and contribute value to
their local community. I also see opportunities as USAID Missions in
Africa increase requirements for implementers of youth programs to
build the capacity of and engage with youth-led organizations as sub-
grantees.
Question. Beyond student exchanges, how can the United States best
position itself to partner with African nations to engage their young
people and build long-term partnerships with Africa's next generation
of decision-makers, business partners, and allies?
Answer. I understand that many recent Country Development
Cooperation Strategies (CDCS) in Africa support an intentional focus on
youth. This strategic direction is the foundation for increasing youth
programming that prepares youth for success in civic, political, and
social engagements. More broadly, USAID's African Missions are building
on experiences working with young people and local communities to
create thoughtful and deliberate program designs that ensure the
inclusion of youth as leaders and to be directly involved in
opportunities that can open the window for a demographic and democratic
dividend and catapult long-lasting sustainable economic growth and
human development.
Cameroon
Question. The Anglophone conflict in Cameroon is one of the world's
most neglected yet intensely brutal conflicts. The United States has
employed many diplomatic tools at its disposal, including the
suspension of most security assistance and AGOA eligibility, yet the
war continues.
Simultaneously, USAID's programming is limited in Cameroon on all
fronts, with humanitarian aid focused on the complex emergency in the
Lake Chad Basin (affecting Cameroon's Far North) and humanitarian
impacts of conflict in the Northwest and Southwest. There is a notable
shortage in conflict, democracy, and human rights programming to
address both the Anglophone Crisis and the significant challenges to
democratic reform at the national and local levels.
What tools does the United States have at its disposal through
USAID to encourage a peaceful and enduring resolution to the
Anglophone conflict in Cameroon and support democracy and human
rights nationwide? If confirmed, what tools do you intend to
deploy?
Answer. USAID supports diplomatic efforts deployed by the
Department of State and other international actors to reach a peaceful
resolution between the Government of Cameroon and Anglophone
separatists in the northwest and southwest regions of the country.
USAID is addressing immediate humanitarian needs in this region through
assistance focused on emergency food, health, and other lifesaving
support to vulnerable populations, such as internally displaced
persons. I understand USAID issued a new democracy and governance
activity to strengthen civil society capacity and empower women's role
and agency in the Far North Region.
If confirmed, I will work with my team to explore additional
opportunities to advance democracy, human rights, and governance, with
thoughtful analysis to ascertain when there is opening space and an
enabling environment to deploy more activities in this sector.
Question. How can USAID assistance support other international
efforts to bring about peace and greater stability to Cameroon?
Answer. I know from my prior experience that Cameroon is
strategically placed in a geographic neighborhood rife with conflict
and population displacement, due to an evolving insurgency and internal
governance and cohesion shortfalls. As I understand it, donors are
supporting Cameroon via interventions to respond to and mitigate the
impacts of the various crises exacerbated by the instability in the
Lake Chad Region in the North, the Central African Republic (CAR)
refugee situation in the East, and Cameroon's internal civil conflicts
in the Northwest and Southwest. I am aware that besides the USG,
Cameroon is obtaining support from the European Union, Agence France
Development, the World Bank, and the United Nations. I know that USAID
humanitarian resources complement efforts by other USG agencies and
other donors working towards durable solutions that strengthen
community resilience, bolster the role of women and youth, and enhance
the capacity of civil society organizations.
If confirmed, I will work to synergize and enhance the impact of
assistance interventions to support peace and stability, in close
coordination with the USG, international donors, host country partners,
and civil society.
Democratic Republic of The Congo
Question. Following controversial 2018 elections in the Democratic
Republic of the Congo (DRC), the United States publicly and adamantly
backed President Tshisekedi. It supported efforts to reform and
challenge the status quo established by former President Kabila. While
in 2018 USAID invested in programs in DRC to support the electoral
process (on a relatively limited basis), including with civil society,
media, political parties, domestic and international observers, and the
election commission, the hesitancy by the U.S. and our European
partners to invest fully in the 2018 elections was understandable.
However, given the U.S.' staunch support of President Tshisekedi and
the Privileged Partnership for Peace and Prosperity (#PP4PP), it will
be even more critical that DRC's next elections are credible.
In your view, has USAID sufficiently invested in the 2023 electoral
process in DRC?
Answer. I understand that USAID is investing $12.65 million in DRC,
subject to the availability of funds, to strengthen transparency and
electoral administration, improve civic education, empower communities
to participate in elections, and support marginalized communities to
understand and access political processes. USAID is also supporting
civil society and media to raise awareness and counter misinformation
about electoral and political processes. In addition, USAID plans to
fund international and domestic observation and conduct public opinion
polling to enable greater understanding of the priorities of the
broader public, and to inform politicians of their popularity, ahead of
the elections. This work will be essential in supporting a credible
election process in 2023.
Question. In your view, how can USAID best support democratic
reforms in the DRC, including by enhancing prospects for free, fair,
and transparent elections in 2023?
Answer. USAID supports democratic reforms by promoting peace and
stability in eastern DRC, increasing transparency throughout the
country, and working to ensure that elections are free, fair, and
credible. It is my understanding that in an effort to strengthen the
foundation for durable peace, USAID is mobilizing communities in
eastern DRC to prevent and resolve conflicts; improving accountability
and effectiveness of service delivery by government institutions;
promoting economic growth and inclusion; and reducing drivers of
conflict and support for armed groups. At the same time, USAID is
strengthening anti-corruption throughout its programming and working
with civil society to oversee budgets and expenditures.
Question. In your view, what is the role of USAID in the Privileged
Partnership for Peace and Prosperity (#PP4PP)?
Answer. The PP4PP+Protection of the Environment is a platform under
which all USG activities operate. For USAID, the focus is to bring an
end to the decades-long conflict in eastern DRC, help set the DRC on
the path to sustainable and equitable economic and social development,
improve the effectiveness, accountability and responsiveness of
governance at all levels, and encourage and sustain the DRC
Government's decision to make the U.S. its partner of choice in trade;
and in foreign policy where there are shared interests. It also
provides a platform to put management and utilization of the rich
natural resource base of the DRC on a permanent path to sustainability.
Question. How can USAID better support anti-corruption reforms in
DRC?
Answer. I understand that USAID is leveraging the Government of
DRC's (GDRC) commitments to anti-corruption and rule of law, which are
embedded throughout USAID's programs. After a nine-year pause, due to
President Kabila's control of the judiciary, USAID is re-engaging with
a $15 million investment to improve the Administration of justice and
tackle corruption. USAID is also leveraging the GDRC's public financial
management strategy, where the International Monetary Fund and World
Bank conditionalities incentivize the GDRC's reform, including
strengthening safeguards against corruption. If confirmed, I will work
with my USAID colleagues to continue to work with sub-national
governments to reduce opportunities for corruption by tracing and
managing revenues, including those from the extractive industries, and
ensure community and civil society participation in planning and
oversight of those resources.
Kenya
Question. Kenya will have elections in 2022. In your opinion, is
planned USAID support to Kenya's electoral process adequate?
Answer. As a longtime partner of Kenya and its people, I understand
that the United States is implementing a robust strategy to support
local stakeholders as they work to improve Kenya's electoral processes.
USAID plays a key role in these efforts. Its activities include support
to strengthening the institutional capacity of electoral institutions,
advocacy around electoral reforms, election violence early warning and
prevention, voter education, increasing the participation of women and
youth in electoral processes, and local and international elections
observers. If confirmed, I am committed to working with my State
Department counterparts to support Kenya's efforts to conduct free and
fair elections that are credible, peaceful, and reflect the will of the
Kenyan people.
Somalia
Question. The United States has emphasized the need for one-person-
one-vote direct elections in Somalia and has provided support through
USAID and other channels toward that end. However, after significant
delay, high tensions, and political games, the country is pursuing an
indirect selection process for members of parliament and the office of
the president instead of a direct election.
Do you believe the United States, and subsequently USAID democracy
and governance programming in Somalia, held overly ambitious
expectations for Somalia's electoral processes since the
selection process of 2016/2017, given the circumstances on the
ground?
Answer. My understanding is that following the 2016/17 indirect
selection process, the Somali Government and international community
jointly set a goal for holding universal suffrage, one-person, one-vote
elections in 2020. This goal was ambitious given, for example, the fact
that certain areas of the country remain inaccessible for the purpose
of conducting elections. Nevertheless, following two successive,
peaceful transfers of power, it was reasonable to expect a more
democratic and inclusive electoral process in 2020.
Question. What is your view of prospects for democratic direct
elections in Somalia in the future, particularly given Somalia's
persistent security and governance challenges?
Answer. Progress toward universal suffrage, one-person, one-vote
elections remains the best path for Somalia to move beyond the current
system. Despite the disappointment of the 2020 electoral process, the
success of recent pilot direct local elections in three districts in
Puntland offer hope that such progress is possible, particularly at the
sub-national level. I understand that USAID intends to collaborate with
key Somali stakeholders and other donors to build on the recent success
in Puntland. That engagement will seek to establish a critical mass of
examples of inclusive governance at the sub-national level to
demonstrate what democratic governance can deliver, and thereby build a
growing constituency for eventual democratic, direct elections at the
national level. These efforts will be complemented by support for a
national dialogue mechanism to constructively debate and eventually
agree upon the precise nature of Somalia's federal model, including
power- and resource-sharing.
Question. How will the failure of Somalia's election process impact
the direction of USAID development assistance to Somalia under your
leadership of the Africa Bureau?
Answer. The 2020 elections exposed the fragility of Somalia's
negotiated political settlement. I understand that USAID intends to
capitalize on the success of recent pilot direct local elections in
three districts in Puntland to build a growing constituency for
democratic processes in Somalia. This will be critical to demonstrate
the worth and viability of democratic elections to the people of
Somalia. I am also aware that USAID investments in Somalia focus on two
critical priorities: (1) addressing the structural conditions that
allow violent extremist organizations such as al-Shabaab to maintain a
foothold in Somali society; and (2) reducing chronic humanitarian need.
These priorities are highly relevant to the advancement of U.S.
interests in Somalia.
Question. As Assistant Administrator for Africa, if confirmed, how
will you approach tailoring development assistance to the dramatic
variations in capacity across Somalia's regions and federal member
states, to include Somaliland?
Answer. I understand that USAID investments in Somalia focus on two
critical priorities: (1) addressing the structural conditions that
allow violent extremist organizations such as al-Shabaab to maintain a
foothold in Somali society; and (2) reducing chronic humanitarian need,
which compromises the wellbeing and stability of the Somali people and
costs the U.S. taxpayer about $450 million annually. USAID engages with
all regional administrations within the parameters of the U.S.
Government's single Somalia policy. Progress should be encouraged, and
if confirmed, I will work to ensure USAID remains strongly committed to
finding practical ways of leveraging multilateral investments,
particularly World Bank resources, to benefit all Somalis, including
those in Somaliland.
South Sudan
Question. South Sudan has been a U.S. priority issue for decades.
Throughout this troubled history, the United States has provided strong
support for the peace process in an attempt to resolve Sudan and then-
Southern Sudan's decades-long civil war, preparations for South Sudan's
separation and independence from Sudan, and the provision of extensive
U.S. humanitarian and development assistance (upwards of $1 billion per
year)--including the years since the outbreak of South Sudan's civil
war in 2013.
What is your assessment of U.S. assistance provided to South Sudan
since 2005/2011?
Answer. I understand that the United States, through USAID, has
been the largest donor of foreign assistance to the South Sudanese
people for decades, including during Sudan's north-south civil war,
implementation of the 2005 Comprehensive Peace Agreement, the process
that led to South Sudan's independence, and the civil war that erupted
in South Sudan in 2013. Since South Sudan's independence in 2011, the
United States has provided over $7 billion in humanitarian and
development assistance to support the people of South Sudan. U.S.
assistance has been essential to saving lives, recovering livelihoods,
providing protection to civilians and basic education and health
services, building resilience to shocks, and supporting democracy,
human rights, and governance through civil society and independent
media.
Question. Has U.S. assistance contributed to or hindered the
achievement of U.S. policy goals for South Sudan?
Answer. U.S. assistance contributes to the objectives outlined in
the Integrated Country Strategy for South Sudan, including support for
the peace process, delivery of humanitarian assistance to meet the
needs of communities in crisis and save lives, and sustainable economic
and social development to increase resilience to climate- and conflict-
driven shocks.
Question. What is your perspective on the U.S. assistance review,
announced in 2018, for South Sudan?
Answer. I understand that the goal of the South Sudan assistance
review announced in 2018 was to ensure that U.S. foreign assistance
does not contribute to or prolong the conflict, nor facilitate
predatory or corrupt behavior. These concepts are critical. As part of
that, USAID, along with others in the interagency, participated in the
collection and analysis of information that was handed over to the
interagency for review. If confirmed, I commit to deepening my
understanding of the review and its results.
Question. If confirmed, how would you support action on the
findings of the assistance review?
Answer. If confirmed, I will collaborate with the interagency on
how best to proceed following the assistance review. I share Congress'
concerns about the ongoing conflict and corruption in South Sudan, and
will work to ensure transparency and oversight of USAID funding and
activities.
Question. If confirmed, as USAID Assistant Administrator for
Africa, how will you engage with the State Department and other members
of the interagency to review the U.S. approach to South Sudan, taking
into consideration the extensive humanitarian and development
assistance provided over the last two decades?
Answer. I understand there is a long history of positive
collaboration between USAID and the interagency on U.S. assistance and
the U.S. policy approach to South Sudan. If confirmed, I will
collaborate with the State Department and interagency colleagues on
assistance and policy priorities, including encouraging the Government
of South Sudan to create an enabling environment for safe delivery of
humanitarian assistance to people in need.
Question. Is a change in humanitarian assistance--to address
emergency needs in response to shocks and to address long-term
humanitarian challenges--needed for South Sudan?
Answer. I understand that humanitarian need in South Sudan is at
its highest level since independence due to ongoing conflict,
displacement, and flooding. USAID humanitarian assistance targets the
most vulnerable populations, which includes children and pregnant women
at risk of malnutrition, internally displaced persons, and returnees.
USAID and partners continuously review the effectiveness of its
humanitarian operations in South Sudan to ensure the life-saving
assistance we provide is reaching the most vulnerable in a principled,
conflict-sensitive way. USAID's current strategy seeks to layer
humanitarian and development assistance in the highest need pockets of
the country. This strategy reflects efforts to increase household and
community resilience to shocks and improve social cohesion, with the
goal of reducing humanitarian needs.
Sudan
Question. The ouster of longtime President Omar al-Bashir in April
2019 and the installation of a power-sharing government between the
Transitional Military Council and the civilian Forces for Freedom and
Change served as a historic moment not just for the Sudanese people but
also the U.S.-Sudan bilateral relationship. At the end of 2020, the
United States reached a bilateral agreement with Sudan due to
negotiations over lifting Sudan's State Sponsor of Terror Designation
and for Sudan's participation in the Abraham Accords. As part of the
bilateral agreement, $700 million in foreign assistance was committed
to South Sudan in the 2020 omnibus spending bill. The coup on October
25, 2021 however, halted the vast majority of U.S. assistance to
Sudan's transition, and discussions about a change in approach remain
underway.
How should the United States prioritize its assistance to Sudan,
including the $700 million in aid noted above?
Answer. USAID, as a key implementing agency of this U.S. Government
funding, should prioritize its assistance to Sudan, including from the
$700 million assistance package, to focus on programming that will help
ensure a return to the democratic transition as the Sudanese people
have so strongly called for through ongoing, large-scale protests
following the military takeover in October. Specifically, assistance
should be prioritized in three key areas: 1) strengthening civilian
political leadership; 2) protecting human rights, including freedom of
expression and assembly; and 3) supporting the Sudanese people's demand
for an end to their military's longstanding domination of politics and
the economy. Additionally, if the political transition moves forward
and the security context improves, investment in the agricultural
sector would set the stage for greater economic expansion and
connectivity to markets in urban centers, further improving food
security and job creation throughout the country. It is my
understanding that conversations are ongoing within the Administration
on the prioritization of the $700 million in aid noted above. If
confirmed, I commit to consulting with Congress on prioritization of
assistance in Africa, including in Sudan.
Question. Will you ensure that a sufficient amount of this
assistance will support U.S. democracy and governance strengthening
initiatives in Sudan, without providing direct assistance to the
current regime in Khartoum or any other government in Khartoum that is
not legitimately civilian-led?
Answer. Yes. While a democratic transition will not be linear and
success remains uncertain, the U.S. Government must be positioned to
adjust the tools at its disposal. Initiatives that strengthen democracy
and governance in Sudan are of utmost importance to ensuring that a
democratic transition can occur, and I understand this is a key aspect
of USAID strategy and programming. Since October 2021, I understand
that USAID has worked closely with implementing partners to pivot
democracy programming toward non-governmental actors, including an even
greater focus on civil society, the media, and others who support
democratic governance in Sudan. If I am confirmed, I commit to doing
everything in my power to ensure that U.S. assistance does not benefit
the current government or any other illegitimate government that is
formed without the consent of the Sudanese people.
Zimbabwe
Question. While there was hope that the end of Mugabe's 37-year
reign as president of Zimbabwe would usher in democratic and economic
reforms, the four years of leadership under President Mnangagwa have
demonstrated a continuation, if not worsening, of human rights abuses,
financial mismanagement, and kleptocratic behavior of the ZANU-PF
regime.
From your perspective, what tools does the United States have at
its disposal that are underutilized to encourage democratic and
economic reforms in Zimbabwe?
Answer. It is my understanding that within the last year, the
interagency established a working group to examine this exact question.
The State Department is bringing new analytical and diplomatic tools to
the collective USG effort on Zimbabwe. USAID has identified public
interest litigation, specifically on electoral law procedure, as
another way the Agency can push for reform. The Zimbabwe Mission has
begun implementation of these activities and sees potential for
expansion. If confirmed, I commit to monitoring this issue.
Question. An area of considerable debate has been the value of
reincorporating political party programming into the portfolio of U.S.
democracy assistance to Zimbabwe. Do you commit to reviewing USAID's
posture on political party support in Zimbabwe?
Answer. Yes, and I am aware that this has been an ongoing
discussion between USAID and the State Department. If confirmed, I
commit to USAID's continued review and exploration of this option,
recognizing its potential risks and benefits.
Question. If confirmed, would you support the investment of
resources into enhancing investigative journalism and research to
better understand Zimbabwe's corruption and kleptocratic networks?
Answer. Yes. I understand that USAID awarded a new program focused
on enhancing investigative journalism in Zimbabwe in September 2021. It
will increase the capacity of the media to hold powerful state and non-
state actors accountable for their acts and omissions. The program also
aims to strengthen citizen participation in public life and spur demand
for accountability by improving citizens' access to timely and reliable
information. Further, it is my understanding that USAID is in the
process of designing a new anti-corruption activity that will have a
focus on enhanced investigative journalism of corruption.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Rebecca Eliza Conzales by Senator James E. Risch
Question. Do you believe that we should rebalance certain
countries' diplomatic presence in our country in the name of
reciprocity, given their actions against our diplomats in theirs?
Answer. If confirmed, I will review certain countries' diplomatic
presence in the United States and compare it to the U.S. presence
overseas. Depending on the results of the analysis, I would then work
with all stakeholders, as applicable, to explore any possibilities of
leveraging reciprocity to rebalance the diplomatic presence if such
rebalancing would be in the interest of the United States.
Question. In your view, where should diplomatic immunity end? What
crimes committed by foreign diplomats in the U.S. ``cross the line''
and should merit prosecution?
Answer. Persons enjoying immunity from the jurisdiction of the host
country's laws nonetheless have a duty to respect those laws, which is
something I respected in my career as a foreign service officer serving
overseas. Immunity is not a license for misconduct. If confirmed, you
have my commitment that I will ensure that the Department of State's
Office of Foreign Missions' responsibilities under the Foreign Mission
Act are met, including protecting the U.S. public from abuses of
privileges and immunities by members of the foreign missions in the
United States.
Question. Is it acceptable for foreign diplomats to facilitate the
departure from the U.S. of their citizens who have been charged with
serious crimes, before they go through the American justice system?
Answer. From my perspective, individuals should be held accountable
for actions that they take, consistent with any applicable immunity
under international law. It is my understanding that the Office of
Foreign Missions (OFM) works closely with other Department offices and
law enforcement to ensure appropriate consequences under international
law for anyone who enjoys immunity in the U.S. and is alleged to have
committed a crime. It is my understanding that OFM pursues appropriate
action to protect the U.S. from potential abuses of immunity by members
of foreign missions in the United States. If confirmed, you have my
commitment to continue to do so.
Question. If you are confirmed for this position and if a similar
situation as described above occurs during your tenure, what actions
will you take?
Answer. If confirmed, I will ensure that protecting the U.S. public
from potential abuses of diplomatic immunity and privileges remains one
of OFM's highest priorities and in doing so, I will consider the range
of tools under the Foreign Missions Act.
Question. Do you believe that there are any institutions in the
United States that have not been designated as ``foreign missions'' but
should be?
Answer. The Foreign Missions Act establishes a broad framework for
considering whether particular actions are in the best interests of the
United States, including but not limited to considerations of
reciprocity, national security, and international legal obligations. If
confirmed, I will collaborate with my team in the Office of Foreign
Mission, the Department, and any applicable interagency partners to
review the possible designation of other entities as needed.
Question. Likewise, do you believe that there are any institutions
in the U.S. that have been wrongfully designated as ``foreign
missions?''
Answer. If I am confirmed, I intend to review the existing
designations in consultation with my team and, if warranted, I will
take any appropriate steps to update any designations as needed.
Management is a Key Responsibility for Chiefs of Mission
Question. How would you describe your management style?
Answer. I have had the opportunity over my thirty-six-year career
to observe various management styles. My management style is based on
these observations, my experience, and the situation at hand. Every
individual has unique talents and experiences and has something
valuable to contribute. I embrace diversity, inclusion, and
collaboration. I also recognize that there are times that I must make
immediate decisions due to life, safety, or other compelling reasons. I
strive to be a decisive, kind, and courageous manager. My interactions
are based on courtesy and respect. I began my State Department career
as a GS-3 Secretarial Assistant, became an ambassador, and am now being
nominated as the Director of the Office of Foreign Missions. I could
have not accomplished this without the support of my subordinates,
mentors, and supervisors. If confirmed, I will use my experiences and
achievements over the last thirty-six years to unify and empower the
team. I want the team to thrive, learn and grow. I look forward to
learning and working with the Office of Foreign Missions staff as they
continue their outstanding work.
Question. How do you believe your management style will translate
to the Office of Foreign Missions?
Answer. The Office of Foreign Missions is comprised of staff with
diverse backgrounds and a wealth of experience. Staffing currently
includes Civil Service Officers, Foreign Service Officers, and
contractors. If confirmed, I will use my collaborative management style
and experience to empower and draw on each employee's expertise and
talent to contribute to the overall mission of the Office and the State
Department. I will also collaborate with other stakeholders, to include
local and state governments, Congress, and other national security
partners. If confirmed, I will use a whole of government approach to
execute the responsibilities of the Office of Foreign Missions and to
protect our national security/foreign policy interests and the American
public.
Question. Do you believe it is ever acceptable or constructive to
berate subordinates, either in public or private?
Answer. No. It is never acceptable or constructive to berate
subordinates in any setting. In every instance and interaction every
individual needs to be treated with dignity and respect.
__________
NOMINATIONS
----------
THURSDAY, APRIL 7, 2022
U.S. Senate,
Committee on Foreign Relations,
Washington, DC.
The committee met, pursuant to notice, at 10:03 a.m. in
Room SD-106, Dirksen Senate Office Building, and via
videoconference, Hon. Christopher Murphy presiding.
Present: Senators Murphy [presiding], Menendez, Coons,
Kaine, Markey, Booker, Schatz, Van Hollen, Romney, Young, Cruz,
and Hagerty.
OPENING STATEMENT OF HON. CHRISTOPHER MURPHY,
U.S. SENATOR FROM CONNECTICUT
Senator Murphy. Good morning, everyone. The hearing of the
Senate Foreign Relations Committee will now come to order.
Thank you for the participation of our witnesses in this
important hearing. We are going to be in the middle of votes
throughout the hearing, but in the interest of your time we are
going to try to work through this hearing, and Senator Romney
and I and Senator Schatz will go back and forth to votes. We
will have other colleagues joining us over the course of the
morning.
Today we are considering four nominations: Caroline Kennedy
to be Ambassador to the Commonwealth of Australia; Philip
Goldberg to be Ambassador to the Republic of Korea; MaryKay
Carlson to be Ambassador to the Republic of the Philippines;
and Marc Nathanson to be Ambassador to the Kingdom of Norway.
Let me begin by welcoming our nominees and your families.
We are thankful for your willingness to serve.
I am going to give some brief opening remarks, hand it over
to Senator Romney, and we have a few of our colleagues to help
us with introductions.
If confirmed, you are all going to take your oath of office
at a critical point in world history. Just this week, we have
seen the horrific images from Ukraine. We have seen a country
turned into a crime scene where there is irrefutable evidence
of brutality against civilians by Russia's forces. These
actions demand accountability, both for the soldiers who
perpetrated these atrocities and the officials in the Kremlin
who ordered them.
We have seen countries from around the world step up to
impose unprecedented costs on Russia for its unjustified and
unprovoked war of aggression on Ukraine. Last month, each of
the four countries we are here to talk about today joined an
overwhelming majority of the world at the U.N. General Assembly
in condemning the Russian invasion and supporting greater
humanitarian access in Ukraine. We know that maintaining that
unity amongst allies and partners will be crucial.
Ambassador Kennedy, let me begin by thanking you for your
continued service to this country, and let me say a few words
about Australia, one of our most important partners in the
Indo-Pacific.
The recently announced AUKUS security pact, of which I am a
great champion, takes our bilateral partnership to a new level
and will further advance the exchange of defense capabilities,
including supporting the acquisition of nuclear-powered
submarines for the Australian Navy. But our cooperation goes
far beyond the security sector. President Biden has placed a
priority on strengthening the region, coordinating the power of
the Quad so that the United States and Australia, along with
the other members, can help work together on COVID-19 vaccines,
climate change, technological innovation, and regional
competition. The Quad format shows tremendous promise in its
ability to convene regional democracies to solve collective
challenges and to present a contrast to China's increasingly
assertive posture in the Indo-Pacific.
Ambassador Goldberg, as you well know, throughout your
wealth of experience in the Foreign Service, South Korea is one
of our oldest and most important partners in Asia. Since 1953,
our Mutual Defense Treaty has been ironclad. We now have nearly
30,000 troops based in South Korea, and I applaud the
Administration's success in negotiating a new cost-sharing
agreement with the South Korean Government.
After competitive elections that ended last month, which
included not only contentious debate on domestic issues but
also outlined competing policies on how South Korea will
address the challenges from North Korea and China, there is
going to be a new president taking office in May, and we look
forward to working with you as you tell us more about how you
are going to work with the incoming president.
Ms. Carlson, the United States and the Philippines have a
special relationship through shared history, cultures, defense
cooperation, economic relations, close people-to-people ties.
The Philippines' strategic location bordering the South China
Sea in proximity to Taiwan undergirds the importance of our
defense relationship. They have been a major non-NATO ally
since 2003.
Despite those close security ties, democratic backsliding
throughout the course of President Duterte's time in office has
been troubling. Senator Schatz and I were part of the first
congressional delegation to meet with President Duterte in
Manila shortly after his election. In that meeting, he was
crystal clear about his objectives to use any means possible to
wage war on drug dealers and drug users, but the execution-
style violence he has employed, frankly, surpassed my worst
expectations. President Duterte called President Putin his
idol, a personal friend, while claiming that the Philippines
would remain neutral in response to Russia's invasion of
Ukraine.
Mr. Nathanson, the United States and Norway enjoy a long
tradition of strong ties based on our shared democratic values.
We share an interest in addressing the problems posed by
climate change, particularly with respect to the Arctic and
collaborating with other Arctic states.
On the security side, Norway, as you know, is a founding
member of NATO. It has been a crucial partner with us in
strengthening the eastern flank of that alliance in response to
Russia's invasion of Ukraine.
Norway is also the world's third largest exporter of
natural gas, and the fifth largest petroleum exporter, and is
poised to play a critical role in stabilizing energy markets
that are roiled by Russia's war in Ukraine.
These are incredibly important bilateral relationships made
more important by the crisis that our friends in Ukraine are
embroiled in today, and we look forward to having a robust
discussion with you today about these important posts.
We have a few of our colleagues here to help us with
introductions, and so before we do that, let me turn it over to
Senator Romney for opening remarks.
STATEMENT OF HON. MITT ROMNEY,
U.S. SENATOR FROM UTAH
Senator Romney. Thank you, Mr. Chairman. And thank you,
those of you who are willing to serve our country yet again in
our service overseas.
This is a critical time in the world's history. I met with
leaders from an international body yesterday, and they said in
some respects this is unprecedented. We have war at the same
time we have famine, and at the same time we have a pandemic,
all three hitting the world at the same time. And you will each
represent our interests in parts of the world that are critical
to promoting America's interests around the world.
There are some who think we should simply forget the world
and just return home and only think about what is happening
here. I happen to believe that if we are truly interested in
America's interests first, that means we need to be extensively
involved in the world, making sure that the cause of freedom
persists such that we can enjoy the economic vitality and peace
that has been associated, in large measure, with the last 70
years.
And I want to thank each of you for your willingness and
that of your families to be willing to serve yet again. You
have been nominated to serve in countries that are obviously
very important allies to the U.S., and those partnerships are
going to become more important in the years ahead.
The Honorable Ambassador Caroline Kennedy will be going to
Australia. As she knows, Australia is our steadfast partner and
among our most important allies historically and today. Our
partnership will remain critical in maintaining a free and open
Indo-Pacific.
I hope, Ambassador Kennedy, that you are going to be able
to work with our friends in Australia to identify new
opportunities for bilateral and multilateral cooperation, and
to strengthen the already strong Quad relationship which we
have.
The Honorable Philip S. Goldberg, South Korea, as you know,
is our most important ally in dealing with the ongoing threat
of North Korea, and we need to work together to deter North
Korea's aggression, to push the Democratic People's Republic of
Korea to abandon its nuclear weapons program, to stop its
belligerent actions, and to cease its illegal activity.
Of course, our partnership goes beyond this single common
threat. I hope you will also approach your time as ambassador
to recommit to our partnership and to find new ways to advance
the interests which we have among freedom-loving countries and
nations that follow the rule of law to encourage China to begin
to abide by those common rules.
Ms. MaryKay Loss Carlson, if confirmed, you will be
stepping into a vital role and will be tasked with perhaps
rebuilding and strengthening our relationship with the
Philippines. As the Chairman has just indicated, our
relationship with the Philippines has been strained with the
current president expressing points of view which are
antithetical to those which many of us hold. We are happy to
see that the Visiting Forces Agreement was restored last year.
We clearly have a good relationship with those who have the
long-term interest of the region in their sights. I hope that
you will be able to work with our friends in the Philippines to
find a much better path forward with regards to our common
interest in human rights.
Mr. Marc Nathanson, I do not need to tell you that NATO is
pleased to have Norway as an important ally. Its geopolitical
significance will only become more important as Russia and
China attempt to change the rules of the road, particularly as
they relate to their presence in the Arctic. I hope you will
use your time as ambassador to strengthen our cooperation with
Norway, especially on those Arctic issues. And additionally, I
hope you will be able to work with our Norwegian allies to
develop common or complementary responses when faced with
threats from Russia and China.
So, to all of you, I appreciate your willingness to serve.
It is a real commitment, and I hope the American people
recognize that on the part of you and your families to go serve
our country in a foreign place with so much happening in the
world represents a sacrifice on your part and is one which I
personally, and I think all members of our committee, deeply
appreciate.
Thank you, Mr. Chairman.
Senator Murphy. Thank you, Senator Romney.
Let me now turn to Senator Markey for purposes of an
introduction.
STATEMENT OF HON. EDWARD J. MARKEY,
U.S. SENATOR FROM MASSACHUSETTS
Senator Markey. Thank you, Mr. Chairman, very much.
It is my pleasure to introduce Caroline Kennedy, who is
nominated to be our next Ambassador to the Commonwealth of
Australia.
Joining her in person is her husband Ed and her son Jack,
who, like mom, once graced these halls as a Senate intern. We
welcome them today as we all recognize Caroline Kennedy's
tremendous achievements in diplomacy.
Watching on this committee's livestream no doubt are
Ambassador Kennedy's two daughters, Rose and Tatiana.
Caroline Kennedy has statesmanship and public service in
her DNA, public service to kids in New York City, public
service in support of what her father called the moral cause of
civil rights, and public service as our Ambassador to Japan.
She embodies the strength, integrity, poise, and humor that is
necessary to serve our country in consequential times.
Caroline was not a conventional ambassador. She has been a
trailblazer as the first woman to serve as U.S. Ambassador to
Japan. She used her megaphone to champion the rights of women,
to deepen our alliance with Japan, and to skillfully navigate
the key touchpoints in the bilateral relationship.
She did the unconventional, from a bike ride to lift
spirits ravaged by the 2021 earthquake, to donning a Santa
Claus hat to reach youths on YouTube.
But she also excelled in her more traditional duties.
Japanese Foreign Minister Kishida, who is now Prime Minister of
Japan, said of Caroline, ``She was an exceptionally tough
negotiator.'' As a best-selling author and student of history,
Caroline Kennedy was mindful of symbolism. President Kennedy's
boat was sunk by the Japanese in World War 2, the same war that
saw the attack on Pearl Harbor and later the first and only use
of nuclear weapons that ended the war at a great cost.
As Ambassador to Japan, Caroline played a key role to
reconcile the painful legacy of war by facilitating President
Barack Obama's historic visit to Hiroshima and helping Prime
Minister Abe communicate directly with the American people at
Pearl Harbor.
Ambassador Kennedy is a fantastic pick for another key
ally, Australia, the democratic anchor in the Indo-Pacific.
Caroline and other members of her family started the Profiles
in Courage Award in 1989. Past recipients include George
Herbert Walker Bush, Ambassador Robert Bord, and a member of
this committee, Senator Mitt Romney.
As an educator, author, philanthropist, ambassador and,
most of all, a proud mother, Caroline's life has been and will
continue to be what we all believe is a profile in courage.
And as Chair of the East Asia Subcommittee, it has been my
pleasure to work with Caroline Kennedy in her role in the Asia
region, and I am proud to support my friend, Caroline Kennedy,
for this important post. She will do an absolutely great job. I
urge swift confirmation for Ambassador Kennedy to this new and
critical post.
Senator Murphy. Thank you very much, Senator Markey. We
know that votes are pending on the floor, and we appreciate you
providing the introduction.
Let me give some brief introductions of our other guests
here today. We may be joined by another colleague for help in
those introductions, and then we will begin with testimony from
our witnesses.
We are also joined here today by Ambassador Philip
Goldberg, our nominee to be Ambassador to Korea. Ambassador
Goldberg is completing his current assignment as Ambassador to
Colombia after previously serving at our Embassy in Cuba and as
our Ambassador to the Philippines.
After that, we have Ms. MaryKay Loss Carlson, the nominee
to be Ambassador to the Philippines. Ms. Carlson is a career
member of the State Department's Senior Foreign Service, having
most recently served as the charge in Argentina.
And finally, Mr. Nathanson is nominated to be Ambassador to
Norway. We are grateful for his significant service in the
private sector, his active participation in matters of foreign
affairs. We are grateful to have him before the committee, and
I think we will have a supplemental introduction.
Let us start with you, Ambassador Kennedy. We welcome your
opening remarks, and then we will go down the panel. Just make
sure your microphone is on.
STATEMENT OF HON. CAROLINE KENNEDY OF NEW YORK, NOMINATED TO BE
AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED
STATES OF AMERICA TO THE COMMONWEALTH OF AUSTRALIA
Ambassador Kennedy. Mr. Chairman, thank you, Ranking
Member Romney, members of the committee. I want to also thank
my friend, Senator Markey, for his very kind introduction and
for being here today.
It is an honor to appear before you this morning as the
President's nominee to serve as United States Ambassador to
Australia. I am grateful for the consideration of this
distinguished committee, and I look forward to answering your
questions and hearing firsthand your thoughts and concerns
about our vital relationship with Australia.
If confirmed, I look forward to working with you and other
members of Congress to advance the interests of the United
States, protect the safety of our citizens, and strengthen the
bilateral relationship for the benefit of both our countries.
I would like to thank my family for their support during
this process, and their enthusiasm for this mission. My husband
Ed and my son Jack are here with me, and my daughters and my
new grandson are watching from home. Ed and I visited Australia
on our honeymoon, and we were thrilled to return as a family in
2014.
I am humbled by this opportunity and the chance to be here
today. I will always be grateful to the Australian coast
watchers and Solomon Islanders who rescued my father during
World War 2, and I know he hoped to be the first sitting
president to visit Australia during his second term. If
confirmed, I hope to be able to carry that legacy forward in my
own small way. Whenever I come to the Senate, I feel the
presence of my Uncle Teddy whose devotion to this institution,
to his colleagues, and to our country was an inspiration to
generations of Americans, and whose love and support meant the
world to me.
I can think of no greater privilege than serving my country
abroad. From 2013 to 2017, as Ambassador to Japan, I was proud
to advocate for American ideals in a country that, like
Australia, shares our commitment to democracy, human rights,
and the rule of law. I gained broad exposure to the changing
dynamics in the Indo-Pacific region: the increasing security
tensions and evolving demands on the U.S. military; the rising
trade, economic, and climate challenges; the importance of
working with U.S. allies and partners; and of building support
for people-to-people ties among younger generations. These
challenges have only become more urgent during the past five
years.
I also appreciated the opportunity to work closely with our
talented diplomats and local staff, and I believe all these
experiences will help me to be successful if I am confirmed to
this position.
Before serving abroad, I worked to make history more
accessible and inspire new generations to public service. I
spent 10 years working with the New York City public schools to
build public-private partnerships, chaired the Harvard
Institute of Politics, and the John F. Kennedy Library
Foundation, which has honored political courage for the past 30
years, including on this committee. The lessons I learned from
these experiences and from writing books on the Constitution,
poetry, and civics will help me represent the United States in
a world where the liberal international order is being
undermined, yet American values are more essential than ever.
There is no country more committed to these values than our
close ally and Five Eyes partner, Australia. Australia has
fought with us for the past 100 years, and together we mark the
70th anniversary of the ANZUS treaty. Our Marines have rotated
through Darwin for the past 10 years. Our future security
cooperation will build on this strong foundation. Last year we
announced AUKUS, an ambitious 21st century partnership between
the United States, the UK, and Australia. If confirmed, I will
work hard to further this ground-breaking partnership.
Australia is an essential partner in the Quad, among our
most significant diplomatic initiatives in the Indo-Pacific.
Together with Japan and India, we are engaging in a range of
activities to promote a free and open, secure, and resilient
Indo-Pacific. These initiatives include health and climate
security and emerging technologies. We also partner closely
with Australia on humanitarian assistance and disaster relief,
as well as vaccine deliveries across the Pacific Islands and
throughout the region.
The United States is Australia's most important economic
partner. Our two-way trade has doubled since our Free Trade
Agreement went into effect in 2005. We are increasing vital
cooperation on critical technologies, rare earth minerals,
supply chain resilience, and energy transformation.
As we emerge from the restrictions of the past two years,
Americans and Australians are eager to resume their in-person
ties of friendship and business and study abroad, which are
among the closest in the world. If confirmed, I look forward to
working with the talented members of Mission Australia to
assist these efforts and ensure that the ties between our two
countries grow even stronger in the coming years.
Thank you again for the opportunity to appear before you
today, and I look forward to your questions.
[The prepared statement of Ambassador Kennedy follows:]
Prepared Statement of Hon. Caroline Kennedy
Mr. Chairman, Ranking Member Romney, members of the committee: It
is an honor to appear before you this morning as the President's
nominee to serve as United States Ambassador to Australia. I am
grateful for the consideration of this distinguished committee, and I
look forward to answering your questions and hearing first-hand your
thoughts and concerns about our vital relationship with Australia.
If confirmed, I look forward to working with you and other members
of Congress to advance the interests of the United States, protect the
safety of our citizens, and strengthen the bilateral relationship for
the benefit of both our countries.
I would also like to thank my family for their support during this
process, and their enthusiasm for this mission. My husband, Ed and my
son Jack are here with me, and my daughters and my new grandson are
watching from home. Ed and I visited Australia on our honeymoon, and we
were thrilled to return with our children in 2014.
I am humbled by this opportunity and the chance to be here today. I
will always be grateful to the Australian coast watchers and Solomon
Islanders who rescued my father during WW2, and I know he hoped to be
the first sitting President to visit Australia during his second term.
If confirmed, I hope to be able to carry that legacy forward in my own
small way. Whenever I come to the Senate, I feel the presence of my
Uncle Teddy whose devotion to this institution, to his colleagues and
to our country was an inspiration to generations of Americans, and
whose love and support meant the world to me.
I can think of no greater privilege than serving my country abroad.
From 2013-2017, as Ambassador to Japan, I was proud to advocate for
American ideals in a country that, like Australia, shares our
commitment to democracy, human rights, and the rule of law. I gained
broad exposure to the changing dynamics in the Indo-Pacific region--the
increasing security tensions and evolving demands on the U.S. military;
the rising trade, economic, and climate challenges; the importance of
working with U.S. allies and partners; and of building support for
people-to-people ties among younger generations. These challenges have
only become more urgent in the past five years.
I appreciated the opportunity to work closely with our talented
diplomats and local staff and I believe these experiences will help me
to be successful if I am confirmed to this position.
Before serving abroad, I worked to make history more accessible and
inspire new generations to public service. I spent ten years working
with the NYC public schools to build public-private partnerships,
chaired the Harvard Institute of Politics, and the JFK Library
Foundation which has honored political courage for the past thirty
years. The lessons I learned from these experiences and from writing
books on the Constitution, poetry, and civics will help me represent
the United States in a world where the liberal international order is
being undermined, reminding us that American values are more essential
than ever.
There is no country more committed to those values than our close
ally and Five Eyes partner, Australia. Australia has fought with us for
the past 100 years, together we mark the 71st anniversary of the ANZUS
treaty, and our Marines have rotated through Darwin for the past ten
years. Our future security cooperation will build on this strong
foundation--last year we announced AUKUS, an ambitious, enhanced, 21st
century partnership between the United States, United Kingdom, and
Australia. If confirmed, I will work hard to further this ground-
breaking partnership.
Australia is an essential partner in the Quad, among our most
significant diplomatic initiatives in the Indo-Pacific. Together with
Japan and India, we are engaging in a range of activities to promote a
free and open, secure, and resilient Indo-Pacific. These initiatives
include health and climate security and emerging technologies. We also
partner closely with Australia on coordinating humanitarian assistance
and disaster relief, as well as vaccine deliveries across the Pacific
Islands and throughout the region.
The United States is Australia's most important economic partner--
our two-way trade has doubled since our Free Trade Agreement went into
effect in 2005. We are increasing vital cooperation on critical
technologies, rare earth minerals, supply chain resilience, and energy
transformation.
As we emerge from the restrictions of the past two years, Americans
and Australians are eager to resume their in-person ties of friendship,
business, tourism, and study abroad which are among the closest in the
world. If confirmed, I look forward to working with the talented
members of Mission Australia to assist these efforts and ensure that
the ties between our countries grow stronger in the coming years.
Thank you again for the opportunity to appear before you today. I
look forward to your questions.
Senator Murphy. Thank you very much.
Ambassador Goldberg?
STATEMENT OF HON. PHILIP S. GOLDBERG OF THE DISTRICT OF
COLUMBIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS
OF CAREER AMBASSADOR, NOMINATED TO BE AMBASSADOR EXTRAORDINARY
AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE
REPUBLIC OF KOREA
Ambassador Goldberg. Mr. Chairman, distinguished members of
the committee, I am deeply honored to be here today as the
President's nominee to serve as the United States Ambassador to
the Republic of Korea. I am grateful for the confidence shown
by President Biden and Secretary Blinken in entrusting me with
this important responsibility and, if confirmed, I look forward
to working closely with this committee to advance U.S.
priorities in the ROK and further strengthen our nearly seven
decades-long alliance.
I am honored to be before this committee for the sixth time
as a Presidential appointee of both parties, asking for your
advice and consent to serve, and deeply appreciate the crucial
role Congress plays in the foreign policy process.
I want to thank my family watching and streaming from home,
my sister, brothers-in-law, and nieces and nephews for their
support and love. I want to thank my colleagues in Bogota, who
are no doubt watching, as well as the Korea Desk, friends and
colleagues around the world who I have worked with for a long
time and who protect our interests overseas and the people of
the United States every day. I am honored to be a member of the
U.S. Foreign Service.
Since 1953, our alliance with the Republic of Korea has
been a linchpin of peace, security, and prosperity in the Indo-
Pacific and beyond. Forged during the Korean War and the 1953
Mutual Defense Treaty, the U.S.-ROK Alliance has evolved into a
partnership that is comprehensive and global in nature. If
confirmed, my top priority will be to strengthen our ironclad
alliance, even as we expand the relationship's regional and
global reach.
Over the past few years, we have seen Korea act as an
important partner in several crises, including in working with
the international community to condemn the military coup in
Burma, and Putin's unprovoked and unjustified war against
Ukraine. The ROK has also joined with the United States in
addressing other global challenges, such as COVID-19, global
democracy, and our shared climate agenda. The United States
needs and welcomes a global Korea, not only to tackle the most
pressing challenges of the 21st century, but also to seize this
century's greatest opportunities.
Even as the U.S.-ROK relationship has become a pivotal
global partnership, we remain focused on our commitment to
protect the ROK from external aggression. The U.S. military
personnel stationed in the ROK work closely with the Korean
military and United Nations Command member countries to deter
and defend against the threat from the DPRK, North Korea, and
maintain the Armistice Agreement. If confirmed, I will continue
to pursue the President's calibrated approach to achieve our
goal of the complete denuclearization of the Korean peninsula.
To that end, I would also ensure we continue to consult closely
with our Korean, Japanese, and other allies and partners for
the full implementation of U.N. Security Council resolutions
while exploring the potential for diplomacy.
Our deep economic ties makes the U.S.-ROK relationship
unique. The KORUS Free Trade Agreement, which just celebrated
its 10-year anniversary, remains the bedrock of our economic
relationship, and today Korea is our sixth-largest trading
partner. Korean investments in the United States create
thousands of high-paying jobs and, if confirmed, I will
continue to work attracting investment to the United States to
create jobs and prosperity for the American worker.
A keystone of our relationship is our longstanding people-
to-people ties. There are now more than 2 million Americans of
Korean descent, and they are members of Congress, senior
officials in our military, U.S. diplomats, and business and
civil society leaders. More than 1.7 million Koreans have
studied in the United States, and approximately 26,000 Koreans
have participated in U.S.-sponsored exchanges. The American
people benefit from and celebrate Korea's rich culture,
everything from traditional hallmarks like the hanbok and
kimchi, to recent cultural phenomena like BTS and Squid Games.
If confirmed, I will work to ensure the bonds of trust and
affection between our people remain strong and vibrant.
On March 9th, the ROK held its eighth presidential election
since its transition to democracy in 1987. I admire the Korean
people's commitment to democracy, and congratulate President-
elect Yoon on his election. The U.S.-ROK relationship has
blossomed thanks to President Biden and President Moon's
leadership, and if confirmed, I will work with President-elect
Yoon's administration and the Korean people to continue to push
forward our shared vision of a free and open Indo-Pacific, and
a world committed to the international rules-based order,
democratic principles, and respect for universal human rights.
Ranking Member Romney, I would be honored to lead the
outstanding men and women of U.S. Mission in Korea and to work
with our military to strengthen our historic alliance. If
confirmed, I look forward to working with Congress to continue
shepherding our ever-increasing bonds with the ROK to rise to
meet the challenges of the 21st century.
I look forward to your questions.
[The prepared statement of Ambassador Goldberg follows:]
Prepared Statement of Hon. Philip S. Goldberg
Chairman Murphy, Ranking Member Romney, and distinguished members
of the committee, I am deeply honored to be here today as the
President's nominee to serve as the United States Ambassador to the
Republic of Korea. I am grateful for the confidence shown by President
Biden and Secretary Blinken in entrusting me with this important
responsibility and, if confirmed, I look forward to working closely
with this committee to advance U.S. priorities in the ROK, and further
strengthen our nearly seven decades-long Alliance. I am honored to be
sitting before you for the fifth time as a presidential appointee of
both parties asking for your advice and consent to serve, and deeply
appreciate the crucial role Congress plays in the foreign policy
process.
Since 1953, our alliance with the Republic of Korea has been the
linchpin of peace, security, and prosperity in the Indo-Pacific region
and beyond. Forged during the Korean War and the 1953 Mutual Defense
Treaty, the U.S.-ROK Alliance has evolved into a partnership that is
comprehensive and global in nature. If confirmed, my top priority will
be to strengthen our ironclad alliance even as we expand the
relationship's regional and global reach.
Over the past few years, we have seen Korea act as an important
partner in several crises, including in working with the international
community to condemn the military coup in Burma, and Vladimir Putin's
unprovoked and unjustified war against Ukraine. The ROK has also joined
with the United States in addressing other global challenges, such as
COVID-19, global democracy and our shared climate agenda. The United
States needs and welcomes a ``Global Korea,'' not only to tackle the
most pressing challenges of the 21st century, but also to seize this
century's greatest opportunities.
Even as the U.S.-ROK relationship has become a pivotal global
partnership, we remain focused on our commitment to protect the ROK
from external aggression. The U.S. military personnel stationed in the
ROK work closely with the Korean military and United Nations Command
member countries to deter and defend against the threat from the
Democratic People's Republic of Korea (DPRK) and maintain the Armistice
Agreement. If confirmed, I will continue to pursue the President's
calibrated approach to achieve our goal of the complete
denuclearization of the Korean peninsula. To that end, I would also
ensure we continue to consult closely with our Korean, Japanese and
other allies and partners for the full implementation of U.N. Security
Council resolutions while exploring the potential for diplomacy.
Our deep economic relationship makes the U.S.-ROK relationship
unique. The KORUS Free Trade Agreement, which just celebrated its 10-
year anniversary, remains the bedrock of our economic relationship, and
today Korea is our 6th-largest trading partner. Korean investments in
the United States create thousands of high-paying jobs and if confirmed
I will work to continue attracting investment to the United States to
create jobs and prosperity for the American worker.
A keystone of our relationship is our longstanding people-to-people
ties. There are now more than two million Americans of Korean descent,
and they are members of Congress, senior officials in our military,
U.S. diplomats, and business and civil society leaders. More than 1.7
million Koreans have studied in the United States and approximately
26,000 Koreans have participated in U.S.-sponsored exchanges. The
American people benefit from and celebrate Korea's rich culture--
everything from traditional hallmarks like the hanbok and kimchi, to
recent culture phenomena like BTS and Squid Games. If confirmed, I will
work to ensure the bonds of trust and affection between our people
remain strong and vibrant.
On March 9, the ROK held its eighth presidential election since its
transition to democracy in 1987. I admire the Korean people's
commitment to democracy, and congratulate President-elect Yoon Suk-yeol
[Yoon Sung-yuhl] on his election. The U.S.-ROK relationship has
blossomed thanks to President Biden and President Moon's leadership,
and if confirmed, I will work with President-elect Yoon's
administration and the Korean people to continue to push forward our
shared vision of a free and open Indo-Pacific, and a world committed to
the international rules-based order, democratic principles and respect
for universal human rights.
Chairman Murphy, Ranking Member Romney, I would be honored to lead
the outstanding men and women of U.S. Mission in Korea and to work with
our military to strengthen our historic alliance. If confirmed, I look
forward to working with Congress to continue shepherding our ever-
increasing bonds with the ROK to rise to meet the challenges of the
21st century.
I look forward to answering your questions.
Senator Romney [presiding]. Thank you so much.
I see that Senator Padilla is here, and so we are going to
turn to him so that he will be able to introduce our nominee to
be Ambassador to Norway, Mr. Nathanson.
Welcome, Senator Padilla, to the committee, and please
proceed.
STATEMENT OF HON. ALEX PADILLA,
U.S. SENATOR FROM CALIFORNIA
Senator Padilla. Thank you, Ranking Member Romney, Mr.
Chairman in absentia, and members of the committee. I am glad
this worked out. I raced over from EPW to be able to introduce
my friend, Marc Nathanson. I am proud to introduce him to this
committee. He is a fellow Californian, a fellow Angelino, and
President Biden's nominee to serve as United States Ambassador
to Norway.
As I hope you have become familiar, throughout his decades-
long career Mr. Nathanson has been one of the world's leading
communications entrepreneurs, as well as a staunch
environmentalist.
Mr. Nathanson earned his Bachelor's degree from the
University of Denver, and a Master's degree from the University
of California-Santa Barbara, where he was a National Science
Foundation Fellow.
In 1975, Mr. Nathanson founded Falcon Cable TV, and in 1999
became Vice Chairman of Charter Communications. Today he is
Chairman of Mapleton Investments and Chairman Emeritus of
Falcon Water Technologies. He has served on the boards of the
Annenberg School of Communications at the University of
Southern California, as well as UCLA's Anderson School of
Management and UCLA Center for Communications Policy.
Think about that. You want diplomacy, someone who is liked
both on the campuses of UCLA and USC? That speaks volumes.
His career has also included public service, working to
advance democracy at home and abroad. He was Chairman of the
United States Agency for Global Media, then called the
Broadcasting Board of Governors, under both Presidents Clinton
and Bush. This global media agency is vital to inform, engage,
and connect people around the world in support of freedom and
democracy, which is always important, but today even more
timely.
Through this role, Mr. Nathanson became intimately familiar
with the information operations and the importance of
countering information and disinformation, which is a key
destabilizing tool used by the Kremlin today.
Mr. Nathanson has also served as Co-Chairman of the Pacific
Council on International Policy and Vice Chairman of the
National Democratic Institute for International Affairs.
All told, Mr. Nathanson has more than 25 years of foreign
policy and public diplomacy experience. He has been recognized
by several environmental organizations for his work on water
conservation and other climate issues, and I am confident he
will aptly represent our values and our national interests in
Norway.
The United States and Norway share strong democratic values
and critical partnerships on a wide range of issues, from
combatting the climate crisis to strengthening the NATO
alliance. I know that in Mr. Nathanson, the United States has a
reliable and trusted representative, and I urge his swift
confirmation.
Thank you again.
Senator Romney. Thank you, Senator Padilla.
We will now turn to Mr. Nathanson for his testimony.
STATEMENT OF MARC B. NATHANSON OF CALIFORNIA, NOMINATED TO BE
AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED
STATES OF AMERICA TO THE KINGDOM OF NORWAY
Mr. Nathanson. Mr. Chairman, Ranking Member, and
distinguished members of the committee, I am honored to be here
today as the President's nominee to be the U.S. Ambassador to
the Kingdom of Norway.
Thank you, Senator Padilla, for your gracious introduction
and your long friendship.
I am deeply grateful to President Biden and Secretary
Blinken for their trust and confidence. If confirmed, I look
forward to working closely with Congress to build upon the
strong partnership between the United States and Norway.
I would like to acknowledge my family, including my eight
grandchildren. My commitment to public service is driven by my
love of family, who have motivated me to make our world a
better place for future generations. My two sons, Adam and
David, are here representing their sister Nicole and our
family.
My eternal gratitude goes to the love of my life, Jane
Fallek Nathanson, whom I met on the first day of college. I
would not be here today without Jane's unwavering support for
the last 54 years.
I spent my professional career in communications and
founded my own company, Falcon Cable TV, in 1975, which served
communities both domestically and internationally. I later
entered government as a member of the Board of Governors of the
U.S. Agency for Global Media and became its first Chair. I
served seven years in the Senate-confirmed post under both
President Clinton and President Bush. In addition, the
Secretary of State appointed me to serve on the Board of
Governors of the East-West Center in Honolulu, Hawaii.
After government service, I joined the board of the
National Democratic Institute and became Vice Chair under
Madeleine Albright's leadership. Secretary Albright was a very
close friend of mine. We all celebrate her legacy in foreign
policy, and we mourn her passing.
Throughout my career in government service, I believe I
have developed the leadership and diplomatic skills required to
represent the United States effectively.
Norway is a trusted ally and close friend of the United
States. If confirmed, I will work closely with our talented
team at Embassy Oslo to strengthen our great relationship with
Norway.
There are three priorities to our work.
First, enhancing shared security. If confirmed, my top
priority will be the safety and security of Americans in
Norway, including Mission personnel.
Furthermore, I will promote our shared security interests.
As a founding NATO ally, Norway has stood with the United
States to address a range of emerging threats, including
Russia's unprovoked war of choice against Ukraine and threats
to European security in general. Norway plays a critical role
patrolling and protecting NATO's northern flank. If confirmed,
I will support Norway's efforts to strengthen its defense
capabilities.
Second, upholding global norms and addressing global
challenges. The United States and Norway partner to strengthen
democracy, promote human rights, and confront many of the
world's most pressing issues. As Arctic states, the United
States and Norway can together ensure the region remains stable
and conflict free, governed by the rules-based international
order despite actions by China and other competitors. A key
tenet of Norway's foreign policy is humanitarian and
development assistance. If confirmed, I will work tirelessly to
uphold these important norms in the Arctic and globally.
Third, increasing energy, environment, trade, and
investment opportunity, with a focus on the green transition.
Our two countries have longstanding economic ties. Norway is
the second largest natural gas exporter to Europe. Norwegian
investment in offshore wind near New York will power up to 2
million homes and is an example of cooperation in this energy
transition. If confirmed, I will work to promote shared
prosperity and combat the climate crisis.
I recognize the honor and responsibilities bestowed upon me
by this nomination. If confirmed, I will do my best to uphold
the trust that you and the American people are placing in me.
Thank you again for this opportunity to appear before you
today. I look forward to any questions.
[The prepared statement of Mr. Nathanson follows:]
Prepared Statement of Marc B. Nathanson
Mr. Chairman, Ranking Member, and distinguished members of the
committee, I am honored to be here today as the President's nominee to
be the U.S. Ambassador to the Kingdom of Norway.
Thank you, Senator Padilla, for the gracious introduction and your
long friendship.
I am deeply grateful to President Biden and Secretary Blinken for
their trust and confidence. If confirmed, I look forward to working
closely with Congress to build upon the strong partnership between the
United States and Norway.
I would like to acknowledge my family, including my eight
grandchildren. My commitment to public service is driven by the love of
my family, who motivate me to make our country and the world a better
place for future generations. My two sons, Adam and David, are
representing my family today.
My eternal gratitude goes to the love of my life, Jane Fallek
Nathanson, whom I met on the first day of college. I would not be here
today without Jane's unwavering support for the last 54 years.
I spent my professional career in communications and founded my own
company, Falcon Cable TV in 1975, which served communities both
domestically and internationally. I later entered government service as
a member of the Board of Governors of the U.S. Agency for Global Media
and became its first Chair. I served seven years in this Senate-
confirmed post, under both President Clinton and President Bush. In
addition, the Secretary of State appointed me to serve on the Board of
Governors of the East-West Center.
After government service, I joined the board of the National
Democratic Institute and became Vice Chair under Madeleine Albright's
leadership. Secretary Albright was a close friend. We all celebrate her
legacy in foreign policy as we mourn her passing.
Throughout my career and in government service, I believe I have
developed the leadership and diplomatic skills required to represent
the United States effectively.
Norway is a trusted ally and close friend of the United States. If
confirmed, I will work closely with our talented team at Embassy Oslo
to strengthen our great relationship with Norway. Three priorities will
guide our work:
First, enhancing our shared security. If confirmed, my top priority
will be the safety and security of Americans in Norway, including
Mission personnel. Furthermore, I will promote our shared security
interests. As a founding NATO Ally, Norway has stood with the United
States to address a range of emerging threats, including Russia's
unprovoked war of choice against Ukraine and threats to European
security in general. Norway plays a critical role patrolling and
protecting NATO's northern flank. If confirmed, I will support Norway's
efforts to strengthen its defense capabilities.
Second, upholding global norms and addressing global challenges.
The United States and Norway partner to strengthen democracy, promote
human rights, and confront many of the world's most pressing issues. As
Arctic states, the U.S. and Norway can together ensure the region
remains stable and conflict free, governed by the rules-based
international order despite actions by China and other competitors. A
key tenet of Norway's foreign policy is humanitarian and development
assistance. If confirmed, I will work tirelessly to uphold these
important norms in the Arctic and globally.
Third, increasing energy, environment, trade and investment
cooperation with a focus on the green transition. Our two countries
have longstanding economic ties. Norway is the second largest natural
gas exporter to Europe. Norwegian investment in offshore wind near New
York will power up to two million homes and is an example of
cooperation in energy transition. If confirmed, I will work to promote
shared prosperity and combat the climate crisis.
I recognize the honor and responsibilities bestowed upon me by this
nomination. If confirmed, I will do my best to uphold the trust that
you and the American people are placing in me.
Thank you again for this opportunity to appear before you today. I
look forward to your questions.
STATEMENT OF MARYKAY LOSS CARLSON OF ARKANSAS, A CAREER MEMBER
OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR,
NOMINATED TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF
THE UNITED STATES OF AMERICA TO THE REPUBLIC OF THE PHILIPPINES
Senator Murphy [presiding]. Thank you very much.
Ms. Carlson?
Ms. Carlson. Chairman Murphy, Ranking Member Romney, and
distinguished members of the committee, I am deeply honored to
be here today and grateful to President Biden and Secretary
Blinken for placing their confidence in me to serve as the next
U.S. Ambassador to the Republic of the Philippines. I
appreciate the opportunity to answer your questions and hear
your thoughts about our relationship with the Philippines, our
oldest treaty ally in the Indo-Pacific. If confirmed, I look
forward to working with the committee and other members of
Congress to advance the interests of the United States, protect
our citizens, and strengthen the bilateral relationship.
I would like to take a minute to thank some people whose
support and guidance have shaped my life in important ways: my
parents, George and Kay Loss of Little Rock, Arkansas, who
serve as my inspiration and to whom I owe everything, including
my sense of public service; my husband Aubrey and our
daughters, Kathryn and Karen, who are the center of my life. I
want to also thank the many U.S. Embassy teams with whom I have
had the honor to serve over the course of my 37-year career,
including the dedicated local staff members who are the
backbone of our overseas operations. And to my three siblings
and other family watching from Arkansas, Texas, Louisiana, New
York, Connecticut, and California, and mentors, friends, and
colleagues around the world, thank you.
If confirmed, I would be thrilled to represent our country
in the Philippines, a vibrant democratic ally with which we
share a long history. Our ties are enriched by the more than 4
million Filipinos and Filipino-Americans in the United States
and more than 350,000 U.S. citizens who live and work in the
Philippines.
We must work together to deepen the roots of the
longstanding friendship and people-to-people ties between our
two democracies. We must upgrade and modernize our alliance to
face new challenges, expand U.S. trade and investment, and
support the rule of law and good governance.
The U.S.-Philippines alliance is irreplaceable and
foundational to our strategic interests in the Indo-Pacific.
The Mutual Defense Treaty that our countries signed in 1951
serves as the bedrock of our unwavering commitment to the
security of the Philippines. If confirmed, I pledge to continue
to expand opportunities for bilateral training, exercises, and
capacity building, to support the long-term modernization of
the Armed Forces of the Philippines, and to advance peace and
security in the region. I will also work to ensure our security
cooperation continues to help the Philippine military and law
enforcement bodies combat terrorism, transnational crime, and
violent extremism.
Concurrently, I will continue U.S. efforts to urge the
Philippine Government to conduct all law enforcement operations
in accordance with the rule of law and consistent with
international human rights standards, and I will urge the
Government to conduct thorough, transparent investigations into
all suspected unlawful killings, and to hold accountable those
who are guilty.
We support the aspirations of millions of Filipinos who
want to live in a society characterized by good governance,
human rights protections, and the rule of law. If confirmed, I
will work to strengthen the Administration of justice and
support Philippine human rights defenders and civil society,
and encourage respect for freedom of expression, including for
members of the press.
Among the values our two democracies share is the respect
for international law, which underpins freedoms of navigation
and overflight, unimpeded lawful commerce, and the peaceful
resolution of disputes in the South China Sea and around the
world. If confirmed, I will continue our efforts to bolster
Philippine capabilities that enhance maritime domain awareness.
The United States seeks to remain a leading trading partner
and foreign investor as the Philippines progresses toward
economic recovery and upper middle-income status. If confirmed,
I will support reforms that enhance transparency, assure labor
rights protections, boost beneficial trade and investment, and
increase cooperation to ensure resilient supply chains. I will
promote an economic partnership that engages the U.S. and
Philippine private sectors and other stakeholders so that we
can invest in climate action and support low-carbon energy
security.
Finally, let me note that our U.S. embassies overseas are
more than places of work. They are communities of people.
If confirmed, I will prioritize the safety and well-being
of U.S. Embassy Manila's talented staff and families. I will
maintain their focus on our top goals, and ensure they
represent the diverse talents of our democratic societies.
Thank you for considering my nomination, and I look forward
to your questions.
[The prepared statement of Ms. Carlson follows:]
Prepared Statement of MaryKay Loss Carlson
Chairman Murphy, Ranking Member Romney, and distinguished members
of the committee, I am deeply honored to be here today and grateful to
President Biden and Secretary Blinken for placing their confidence in
me to serve as the U.S. Ambassador to the Republic of the Philippines.
I appreciate the opportunity to answer your questions and hear
firsthand your thoughts about our relationship with the Philippines,
our oldest treaty ally in the Indo-Pacific. If confirmed, I look
forward to working with the committee and other members of Congress to
advance the interests of the United States, protect the safety of our
citizens, and strengthen the bilateral relationship for the benefit of
both of our countries.
I would like to take a few moments to thank some people whose
support and guidance have shaped my life in important ways: My parents,
George and Kay Loss of Little Rock, Arkansas, who serve as my
inspiration and to whom I owe everything, including my sense of public
service; and my husband Aubrey and our daughters, Kathryn and Karen,
who are the center of my life. I want to also thank the many U.S.
Embassy teams with whom I have had the honor to serve over the course
of my 37-year career--especially the dedicated local staff members who
are the backbone of our overseas operations. And to my three siblings
and other family watching from Arkansas, Texas, Louisiana, New York,
Connecticut, and California, and mentors, friends, and colleagues
around the world--thank you.
If confirmed, I would be thrilled to represent our country in the
Philippines, a vibrant democratic ally with which we share a long
history, and one of our most important partners. Our ties are enriched
by the more than four million Filipinos and Filipino-Americans in the
United States and more than 350,000 U.S. citizens who live and work in
the Philippines. We must work to deepen the roots of the longstanding
friendship and people-to-people ties between our two democracies,
upgrade and modernize our alliance to face new challenges, expand U.S.
trade and investment, and support the rule of law and good governance.
The U.S.-Philippines alliance is irreplaceable and foundational to
our strategic interests in the Indo-Pacific. The Mutual Defense Treaty
that our countries signed in 1951 serves as the bedrock of our
unwavering commitment to the security of the Philippines. That treaty,
and the Visiting Forces Agreement and the Enhanced Defense Cooperation
Agreement, enable our strong security and defense cooperation with the
Philippines. If confirmed, I pledge to continue to expand opportunities
for bilateral training, exercises, and capacity building, to support
the long-term modernization of the Armed Forces of the Philippines and
to advance peace and security in the region. I will also work to ensure
our security cooperation continues to help the Philippine military and
law enforcement bodies combat terrorism, transnational crime, and
violent extremism.
Concurrently, I will continue U.S. efforts to urge the Philippine
Government to conduct all law enforcement operations in accordance with
the rule of law and consistent with international human rights
standards, and I will urge the Government to conduct thorough,
transparent investigations into all suspected unlawful killings, and to
hold accountable those who are guilty.
We support the aspirations of millions of Filipinos who want to
live in a society characterized by good governance, human rights
protections, and the rule of law. If confirmed, I will work to
strengthen the Administration of justice and support Philippine human
rights defenders and civil society, and encourage respect for freedom
of expression, including for members of the press.
Among the values our two democracies share is the respect for
international law, which underpins freedoms of navigation and
overflight, unimpeded lawful commerce, and the peaceful resolution of
disputes in the South China Sea and around the world. If confirmed, I
will continue our efforts to bolster Philippine capabilities that
enhance maritime domain awareness and enable it to counter coercive
activity in its Exclusive Economic Zone and other areas.
The United States seeks to remain a leading trading partner and
foreign investor partner as the Philippines progresses toward economic
recovery and upper middle-income status. If confirmed, I will support
reforms that enhance transparency, assure labor rights protections,
boost beneficial trade and investment between our two countries, and
increase cooperation to ensure resilient supply chains. I will promote
an economic partnership that engages the U.S. and Philippine private
sectors to invest in climate action and support low-carbon energy
security.
Understanding that our consular operations at the U.S. Embassy
Manila play an important role in helping provide visas to qualified
skilled workers in crucial industries such as healthcare, if confirmed,
I will ensure that our Mission resources remain focused on this effort.
Finally, let me add that our U.S. Embassies overseas are more than
places of work. They are communities of people. If confirmed, I will
prioritize the safety and well-being of Embassy Manila's talented staff
and families, maintain their focus on top goals, and ensure they
represent the diverse talents of our democratic societies.
Thank you for considering my nomination. I look forward to your
questions.
Senator Murphy. Thank you to all of our witnesses.
We will begin our round of 5-minute questions. I will start
with a few.
Ambassador Goldberg, let me just start with you. I
sometimes worry that American foreign policy has become
dangerously sclerotic. We sanction our enemies and we sell
weapons to our friends, while other countries that are often
adversaries, like China or Russia, have a much more diverse
toolkit at their disposal with which to try to gain influence.
You spent some time as the North Korea sanctions
coordinator, and you are going to inherit an even more robust
set of sanctions on North Korea given the announcements from
the Biden administration in the wake of the latest ballistic
missile tests.
I am just interested to hear your assessment about the
efficacy of our sanctions regime given the fact that Americans
with just a passing interest in world affairs have not helped
but notice that these devastating multilateral sanctions have
not seemed to have had any practical impact on the conduct of
the North Korean regime. I am interested to hear your take on
this question.
Ambassador Goldberg. Senator, I think sanctions work, but
they are not a policy in and of themselves. They have to be
accompanied by other elements of U.S. and world influence and
power. They have to be multilateral without much leakage. In
some cases and in the case of North Korea, the lack of tie-in
to the international financial system and trade make it more
difficult in some respects, easier in others, to enforce
sanctions.
You have to have a population that has a say in what is
going on in their country. There are other examples of
sanctions elsewhere that have worked more quickly to influence
public opinion, but there is no public opinion in North Korea.
So it is a very difficult hard target for sanctions.
All of that said, North Korea wants those sanctions lifted,
which is a reason to keep pressing, because they want them
lifted for a reason. They want to have their cake and eat it
too in terms of not being forthcoming on negotiations, which we
have offered without preconditions. So they are an important
element, but they are not an element that will necessarily do
the trick by themselves.
Senator Murphy. Ambassador Kennedy, I wanted to draw for a
moment on your experience in Japan. Here is how the editor of
one of the most significant Chinese Communist Party-run
newspapers described Australia. He said, ``Australia is chewing
gum stuck on the sole of China's shoes. Sometimes you just have
to find a stone to rub it off.''
He said this in the context of a pretty significant row
between China and Australia driven by an increasingly hostile
and muscular diplomatic presence and set of activities from the
Chinese Government inside Australia. And this is, of course,
the story all throughout the region. The Chinese are willing to
do things and say things, employ more aggressive tactics in a
way that they were not 10 to 20 years ago.
I would just be interested to hear a little bit about what
you learned during your time in Japan about the increasingly
aggressive diplomatic tactics of the Chinese and how you will
take those learnings to this new job.
Ambassador Kennedy. I think what I have seen is that things
have really changed and increased in the region, the tensions,
since my time in Japan. All the countries out there have dealt
with each other for a very long time, but certainly Australia
most recently has been challenged by Chinese economic coercion,
and I think that the United States can learn a lot from their
response. They have stood firm, and I think they have managed
to come together with a bipartisan foreign policy, and I think
a greater and deeper partnership with us in the security and
diplomatic areas, as well as across the board, will serve their
country and ours well as we move forward into this increasingly
tense time in the Indo-Pacific. So I look forward to working
with the Australians and with the Japanese to secure a free and
open Indo-Pacific.
Senator Murphy. Did you see an increase in the virulence of
these tactics while you were in Japan, or do you think that
some of this happened more recently?
Ambassador Kennedy. I did see it, but I think it has become
much more widespread, much more public, much more open. The
South China Sea issues were certainly present, some of the
economic coercion was certainly happening. But I think all of
that has become more dramatic in the last five years.
Senator Murphy. Senator Romney?
Senator Romney. Thank you, Mr. Chairman.
Ms. Carlson, I think a number of us have been surprised and
a little disoriented by the comments made by the current
president of the Philippines, the current distance he has with
the cause of freedom and his closeness to China. Obviously, our
nation has worked with the people of the Philippines to provide
for the safety and security of that nation, and his redirection
has been hard to understand.
Can you give me a sense from your perspective as to what it
is that may have led him to make the departure from our
historic relationship that he has, and to what extent you
believe that is being welcomed by the people of the
Philippines?
Ms. Carlson. Thank you for that question. I think it is
important to look at the U.S.-Philippines relationship in its
entirety. We are friends, partners, allies, with a 75-year
history of diplomacy. We are celebrating ``Thriving at 75''
just this year.
So with regard to any particular individual, I think the
more important thing is to look ahead. We have a strong
foundation of shared values with the people of the Philippines.
We train with their military very closely, hundreds of training
exercises every year, including the Balikatan premiere
exercise, which means shoulder to shoulder, which is just
finishing up today in the Philippines, where our colleagues
across all sectors of society work together, including freedom
of expression and countering Chinese aggression.
So I think as we look forward to the next 75 years, there
is a lot of room for optimism based on the strong foundations
of democracy that exist in the Philippines.
Senator Romney. Thank you.
Ambassador Kennedy, I think we have been very impressed by
the backbone that has been shown by the people of Australia.
They banned Huawei products. They have probed the origins of
COVID. They participated in a diplomatic boycott of the
Olympics as a result of what was being perpetrated against the
Uyghur people.
In this setting, they are obviously a very small, in terms
of population and economy, neighbor of China. We share
interests in getting China to behave in a more normal and
rules-based way.
What is your perception of how Australia might be able to
lead an effort to really develop a comprehensive strategy to
confront China?
Ambassador Kennedy. I think Australia and the United States
working together, especially in the Quad with our India friends
and with Japan, is a very powerful alliance and combination.
And I think that the Australian people have now come together
in understanding the challenges posed by China. So I think we
have an opportunity through our partnerships and alliances,
working multilaterally throughout the region, to really create
a comprehensive strategy that will strengthen deterrence and
increase our own security, as well as allowing for the
continued prosperity of the region.
I think the rules-based order that America has stood behind
working with Australia has really allowed millions to prosper
and provide a great opportunity for Americans. I think that
together with Australia we will continue to deliver on that.
Senator Romney. I would note that China has a very
comprehensive and, to date, pretty successful strategy to
expand their influence in the world, to develop the strongest
military in the world, to become the strongest economy in the
world, and I am concerned that we as a nation, and even members
of the Quad, have not settled on what our strategy is to deal
with China.
Do you agree that China is behaving in a malevolent and
predatory way that represents a real threat to our interests
here and around the world?
Ambassador Kennedy. I think the strongest thing that we
have is our values. I saw when I was in Japan how the whole
world really still looks to America as the place they want to
come to, the place that inspires them. So I feel confident that
we do have in our values, in our economic strength, in our
security partnerships, our alliances, our multilateral work,
that we do have a winning strategy, and I know that Australia
and the United States together work side by side to implement
that every day. So I am confident in the United States and in
our ability to maintain a free and open and secure and
prosperous Indo-Pacific.
Senator Murphy. Senator Schatz?
Senator Schatz. Thank you, Mr. Chairman, Ranking Member;
and to all of the nominees, thank you for your willingness to
serve.
I am so thrilled to be here. This really is the A-Team, and
this conveys a degree of seriousness from the Biden
administration and from Secretary Blinken to put its best team
on the field in the Indo-Asia-Pacific region, so thank you.
Mr. Nathanson, I was just thinking about Secretary
Albright. Whatever one's views of the afterlife may be, I know
she is watching C-SPAN right now and proud of all of you, so
thank you very much.
My first question is for Ambassador Goldberg, and I want to
follow up on what Senator Murphy was asking about, especially
as it relates to CVID. We have had this conversation, and we
had this conversation in the Banking Committee with Bob Corker
six years ago. We lack intermediate steps, it occurs to me. We
have a declaration of where we want to land: complete,
verifiable, irreversible denuclearization of the peninsula.
Everyone can get behind that. And what is our tool? Well,
sanctions. It is clearly not working.
So what is the in-between space? How do we do a serious
reevaluation of whether or not our bipartisan failure on this
issue can be tweaked? I understand our limitations, and it may
just be that this is a hard problem and we have to maintain
pressure until the opportunity presents itself, but then we
should articulate that.
I am just worried that everyone is too afraid to say CVID
is a nice goal but not anything we can achieve in the next 5
years, or even 10 years, and we should have some intermediate
steps in the intervening time, and I am wondering what your
thoughts are, and at least I would like to hear a willingness
to reevaluate our policy.
Ambassador Goldberg. Thank you, Senator. Comprehensive,
verifiable, irreversible denuclearization--those are difficult
goals, but they fit very well with our non-proliferation goals.
They fit with our policy of deterrence; building, broadening,
deepening our alliance with the Republic of Korea, and doing
all possible to defend against a rogue regime in North Korea
that is violating at every opportunity U.N. resolutions, their
own commitments, international agreements.
So it is a very difficult problem. If we do not admit it, I
am admitting it here. But it is one that we need to continue to
work on and be quite resolute about.
Senator Schatz. Well, you are not in the position yet, and
so I do not expect you to move U.S. foreign policy before
confirmation. That is unreasonable and possibly politically
dangerous for your confirmation, so I get that. But let us have
a real dialogue about what is working and not working.
Senator Murphy said it exactly right, and this goes for the
military space too. People are terrified of going toe to toe
with us; but in the gray zone, and also in the diplomatic gray
zone, people are running circles around us. And so we have got
to maintain a little bit of flexibility here and try to figure
out what we can do to change policy, and that does not mean
that we are not working towards CVID. It means that we
acknowledge that that is not the only thing that we say as it
relates to the peninsula.
The final question is for Ms. Carlson. I think everybody
knows I am for climate action, but I want to focus on a
different aspect of climate, which is climate adaptation and
specifically preparing for and responding to increasing
severity and frequency of natural disasters in the Philippines.
That seems to me to be a place where we are already doing very
well and bolsters the ties, including the people-to-people
ties, between the U.S. and the Philippines.
I am wondering what your thoughts are on what more we can
do in that space. I think that is at the humanitarian level an
incredibly important priority for the United States, but also
it has positive geo-political implications. I would like your
thoughts.
Ms. Carlson. Thank you very much. I totally agree with what
you have just said. If confirmed, I would work to lead our
talented Embassy team there to find ways that we could work
with our friends and partners in the Philippines to enhance
their ability to combat climate change. As you know, the
Philippines is particularly vulnerable given its long
shorelines to climate change. They are subject to typhoons and
disasters. Fortunately, our USAID teams and our military
INDOPACOM colleagues have been there to assist in partnership
with the Philippines.
So it is definitely in our interest to enhance their
ability to respond. I am sure there are very specific things
that we can do and, if confirmed, I would look forward to
working with you and other members of the committee and in
Congress to find ways that we could support climate adaptation
in the Philippines for the benefit of both of our countries.
Thank you.
Senator Schatz. Thank you very much.
Senator Murphy. Senator Hagerty?
Senator Hagerty. Thank you very much, Chair Murphy; and
congratulations to all of the nominees today.
I would like to start, if I might, with Ambassador Kennedy,
to say welcome to your husband Ed. It is so good to see you
again. And Jack, I know that your family's support has meant a
great deal to your success, and it is great to see you all here
today.
Ambassador Kennedy, several questions. I know you have
great experience dealing with the Quad partnership from your
previous role as Ambassador to Japan. I would love to hear your
perspective on how we can further strengthen our relationship
with the Quad.
Ambassador Kennedy. I think the Quad is one of the most
important diplomatic initiatives that we have and it affords a
great opportunity for the United States and for other like-
minded democracies to really work together on key issues like
COVID, like climate change, like supply chain resilience and
security, and new technologies to really strengthen our
partnership, preserve the rules-based order in the Indo-
Pacific, and advance the United States' interests.
Senator Hagerty. Something is happening in the region right
now that I am sure you are well aware of, in the Solomon
Islands. The Chinese Communist Party has been very engaged in
that region, working with the Government of the Solomon
Islands. They are stepping in now and talking about
constructing a bilateral security agreement. It is very
concerning to us as a nation here. I know it is very concerning
to the Australians, as well.
What do you think the prospects are for that bilateral
security agreement being entered between China and the Solomon
Islands, and what should the United States' posture be relative
to that?
Ambassador Kennedy. Well, obviously, I am not fully read in
on that, but if confirmed, I would work very hard. Australia
has a very active Embassy in every Pacific Island nation, and
it has been an historic area of United States engagement as
well, and I think that the fact that we are reopening our
Embassy in the Solomon Islands, that cannot come to enough. I
think that together with Australia, with the infrastructure
partnership that we have in the Pacific Islands, which I know
that you worked to initiate when you were ambassador to Japan,
we can do more and we should do more, and we must stay engaged.
This is a vital region, and I think that we need to be more
visible, but I think that our long record in the region of
supporting assistance over many years, if we are able to build
on that, that we can really make a difference.
Senator Hagerty. I appreciate that, and I think our allies
like Australia can be invaluable as we continue to be ever
diligent in the region, because we know that the Chinese
Communist Party is looking for every opportunity to change the
status quo there. So I applaud you and encourage you to find
every way possible to work with Australia. I know that people
on this committee will be supportive of finding ways, again, to
push back wherever possible.
If we could switch now to the AUKUS Trilateral Security
Agreement, I was encouraged to find out that we are going to be
working with our allies to facilitate Australia's nuclear
propulsion, submarine propulsion technologies and capabilities.
Just two days ago, it was announced that we are going to be
stepping up that partnership to work with hypersonics and with
counter-hypersonics.
My view is that deepening that relationship with Australia
from a security perspective is going to be invaluable to our
security in the region. I would love to hear your perspective
on how you will work to continue that process.
Ambassador Kennedy. Well, if confirmed, I look forward to
learning more about the details of that partnership. I know
that a lot of work is happening now. There are many working
groups on all aspects. As you said, it involves the submarines,
but it also involves the cooperation on AI and quantum and
cyber and undersea technologies. So I think that it is really
the kind of partnership that, as it grows and strengthens and
we are able to build on it, we will deliver great results for
both our technological sector and American innovation, working
together with Australia. And I think that there is a lot of
deterrence that it will deliver well before the submarines are
in operation.
Senator Hagerty. I think it has great potential, and I
appreciate your attention to that arena, as well. The
technology front will be an important line to follow the
confrontation in the region with our greatest strategic
adversary, China.
I would like to turn my questions now to nominee Carlson.
MaryKay, you and I have talked about this before, but I would
like to talk with you about nurse visas. As we all know,
through the coronavirus pandemic, we have had a severe shortage
of nursing talent here in America. It has almost reached a
crisis proportion.
We have talked about visa interviews by videoconference as
a means to try to facilitate speeding up what has become a very
big backlog at the Embassy there at the Philippines.
I would like to get your current assessment of where the
backlog is at Embassy Manila, and also what your plan might be
to set the metrics to work through that backlog and to get your
commitment to report back to me and my staff on how this is
progressing.
Ms. Carlson. Thank you, Senator. You have my commitment to
continue to work on this very important issue. No one likes a
backlog, least of which is our talented team working so hard in
the Consular Section at the U.S. Embassy in Manila. I have
spoken after our conversation with a number of folks here in
Washington and in the Philippines in our Consular Section
there, and there are ways that we can do everything possible to
speed up those interviews, and I pledge to work with you and
with the folks here at the National Visa Center and at the
Embassy to accelerate the processing within the bounds of the
U.S. law with regard to immigration.
Senator Hagerty. I look forward to that. As you know, my
home state of Tennessee is a hub of hospital management, and we
see the problem probably more clearly than any other state in
the nation. So this is a crisis. This is something that the
American public needs addressed, and I very much appreciate
your help in doing so.
With respect to the other nominees, I will submit my
questions for the record. Congratulations to all of you again.
Thank you very much.
Thank you, Mr. Chairman.
Senator Murphy. Thank you.
Senator Van Hollen?
Senator Van Hollen. Thank you, Mr. Chairman.
Congratulations to all of you on your nominations. It is
good to see you are all going to countries that voted with the
United States to condemn the Russian invasion of Ukraine. I am
sure all of you will be working very hard, if confirmed, to
make sure we sustain that pressure given the unprovoked attacks
on the people of Ukraine.
And I am pleased that right now at the United Nations, our
Ambassador is seeking a vote to expel Russia from the United
Nations Human Rights Council. They have no business being there
when they are clearly implicated in war crimes as we speak.
Ambassador Goldberg, if I could just follow up on some
questions I think Senator Murphy opened with, with respect to
North Korea and its recent launch of another long-range ICBM.
As you know, for years we have been working to try to
tighten the sanctions regime, economic sanctions regime on
North Korea, and we repeatedly find leaks in that. We have seen
a series of U.N. reports identifying Chinese entities as the
major source of circumventing those economic sanctions.
We also know that really China is the big player as North
Korea's neighbor and could exert more pressure on the North
Koreans with respect to their weapons programs, even though
they sometimes have a rocky relationship.
My question is this: As we have seen our relations with
China get more strained, have we seen China back off on the
pressure it is putting on North Korea with respect to
constraining their nuclear weapons program, specifically their
long-range missile program?
Ambassador Goldberg. What I can say from public
information, Senator, is that the Chinese did not vote to
impose further sanctions at the U.N., nor did the Russians, of
course. So they do have a slightly different approach to the
North Koreans and ask for our concessions, as opposed to having
discussions/negotiations without preconditions. So there is a
divergence there.
When I was doing the enforcement job of North Korean
sanctions, and it was some time ago, more than 10 years, there
was leakage, and there continues, no doubt, to be leakage. I am
not revealing anything here because I am not aware of
particular cases. But there were issues related to Chinese
banks and trade.
It is a difficult, as I mentioned earlier, a hard target
for sanctions, North Korea, but we do and we should continue to
seek Chinese cooperation not just on sanctions, which is very
important, but sanctions, as I mentioned before, is not a
policy in and of themselves, but also their cooperation in
moving forward with negotiations and getting back to some sort
of discussion about denuclearization and how we are going to
handle that issue.
Senator Van Hollen. Well, that was my next question. So,
what in your view is the best way forward there in terms of
both continuing to apply pressure but trying to reach the goal
of a denuclearized peninsula?
Ambassador Goldberg. Well, I do not know if it is my good
fortune, Senator, but my primary responsibility will be to
strengthen the alliance and deterrence and to take other steps
to try to convince the North Koreans to return to negotiations
and working very closely with the new President-elect's
government. So I would allow Ambassador Sung Kim or people at
the State Department to speak more about North Korea policy and
the way forward and not preempt their responsibilities.
Senator Van Hollen. All right.
Ambassador Kennedy, congratulations on this nomination.
With respect to China and Australia, as you well know, they
have strong commercial ties, but Australia has appropriately
pushed back hard on China's efforts to use coercion by applying
economic pressure on political and human rights issues.
How do you see the U.S. and Australia working now to push
back on China's aggression in the area?
Ambassador Kennedy. I think that pushing back on Chinese
economic coercion is something where the United States is going
to have to support our allies and those that are suffering from
it, like Lithuania, as well as Australia. Australia has been a
model, and they are fortunate in that they have a lot of
minerals and critical elements that a lot of their other
exports they have been able to find other markets for.
But this is a complicated issue, and the United States and
Australia, I think by working closely together across all
aspects of the relationship, whether they are diplomatic,
whether they are regional, upholding the centrality of ASEAN,
strengthening the Quad, we have a real opportunity here to
create and sustain a connected and secure Indo-Pacific, and I
think that our alliance is certainly a key element of that, as
well as just as our alliances with Korea, Japan, the
Philippines also will help create a region that is more secure
and abiding by the rules-based order that has served us all so
well.
Senator Van Hollen. Thank you.
And thank you, Mr. Chairman.
Senator Murphy. Thank you.
Chairman Menendez?
The Chairman. Thank you, Senator Murphy; and
congratulations to all of the nominees on their nominations.
This is a very important group of countries that you have been
nominated to.
Let me start with you, Ambassador Goldberg. I was with the
Special Envoy of the President-elect of South Korea yesterday
with Senator Risch. We had a very interesting conversation. It
seems like it will be a rather dramatic shift from the Moon
policies of the last four years. We have a large diaspora,
certainly in the United States but in New Jersey, of Korean
Americans who have done exceptionally great work, including the
Korean American Grassroots Conference. Mr. Kim, I think, is
here in the audience.
There is a lot of expectation for your confirmation and
presence in South Korea, both by the South Koreans and by the
community here.
So what is your assessment, then, of the recent North Korea
cruise and ballistic missile tests? Are you concerned that
North Korea may be seeking to up the ante with a bigger
provocation? And if so, how should we respond?
Ambassador Goldberg. Mr. Chairman, the outrageous and
continued provocations from the North are, of course, deeply
troubling, concerning, and I think our special representative
for North Korea, Sung Kim, said just yesterday that we expect
more, especially with some of the celebrations upcoming in
North Korea.
We have to react with enhanced deterrence, with a solid
alliance between the United States and South Korea, Japan, and
working together to thwart these threats from North Korea. When
sanctions are available and enforceable, to also continue with
very strong implementation. So we do need to be aware that this
could happen and that these provocations, which are illegal,
which violate U.N. resolutions, which violate their own
commitments, North Korea's own commitments.
The Chairman. Let me ask you, already the ballistic missile
tests are clearly a violation of the U.N. Security Council
resolutions. Should we pursue additional sanctions against
North Korea?
Ambassador Goldberg. I mentioned earlier to Senator Van
Hollen that my primary responsibility, if confirmed, would be
to help in solidifying the alliance and deterrence and working
with our military and other countries. I am not, strictly
speaking, going to be responsible for a North Korea----
The Chairman. No, but I am sure the Administration would
have you on the phone once you are confirmed as part of the
interagency process to opine; do you not think so?
Ambassador Goldberg. I hope so.
The Chairman. I hope so, too, or else I do not know why we
are sending you there. It seems to me that there has to be a
response. If North Korea can continue to create provocations,
can continue to violate Security Council resolutions with
impunity and there is no response, then it will continue to do
so, and it will only deepen it.
Ambassador Goldberg. Well, I think you are right, Mr.
Chairman, but I also know that we will take measures, as we
have, if it has to be through unilateral action or with our
allies after these kinds of provocations, that we cannot rely
on the United Nations when China and Russia have vetoes at the
Security Council.
The Chairman. Let me ask you this. You know, we have
historical issues between South Korea and Japan; I recognize
them. But we also have the importance of having a close
relationship with those two countries and ourselves, an ability
to meet the regional challenge of North Korea, as well as China
and others.
Do you see playing a role in helping the South Koreans find
a pathway forward with their Japanese counterparts?
Ambassador Goldberg. Absolutely. I think that is a role, if
confirmed, that an ambassador in Seoul would play, working with
our ambassador in Japan. You know they are each other's third
largest trading partners. Japan is the biggest investor in
South Korea, outstripping the United States. There are reasons
that two democratic, technologically advanced, scientifically
advanced countries should be working together more, not just on
the North Korea issue, which has been an issue where they have
come together, but also on other issues regionally and around
the world.
The Chairman. Ambassador Kennedy, congratulations on your
nomination. I appreciate your service in the past to our
country.
Australia is a microcosm of the global climate crisis. A
few weeks ago, Brisbane and East Australia received a record 26
inches of rain in 72 hours. The 2022 emergency in Queensland
and New South Wales is now $1.4 billion, and it is only the
first week of April. The dawn of the COVID-19 pandemic in March
of 2020 made it easy to forget when Australia's wildfires were
dominating global headlines until the pandemic took center
stage. Those fires cost Australia an estimated $103 billion,
and ocean acidification is killing thousands of acres of the
Great Barrier Reef.
Now, this is an incredibly important relationship, part of
the Quad. As a matter of fact, I will be traveling there this
recess. But there are great lessons for the United States to
learn for how to prepare for such extreme climate disasters and
how to get Australia to think about the climate
responsibilities they have, in their own interest as well as
the global interest.
Can I get you to commit to fostering information and
strategic exchanges for scientists and disaster responders to
learn and share experiences between our two countries?
Ambassador Kennedy. I think that we should do more of that.
I know that the United States has tried to help, where
possible. There were firefighters from Wyoming, for example,
that went to help during the terrible fires in Australia. But
certainly Australia has learned a lot about these kinds of
disasters, and we also have been impacted by fires and floods
and storms here in the United States. So the more that we can
learn about and learn how to combat and also move toward a
clean energy transition and reducing the impact of climate
change, the faster we can do that, if confirmed, I would be
eager to work on that.
The Chairman. Thank you, Mr. Chairman. I have questions for
Ms. Carlson and Mr. Nathanson, but I will submit them for the
record. I am very concerned about Norway in the midst of the
challenges of Russia now. It has its own neighborhood problems.
And I look forward to understanding where we are headed with
the Philippines in the aftermath of the present administration,
hopefully a new dynamic that we can create. Thank you.
Senator Romney [presiding]. Thank you, Mr. Chairman.
Senator Kaine?
Senator Kaine. Thank you, Senator Romney.
Mr. Chair, good to be with you, and great to be with the
wonderful panel.
Ms. Kennedy, great to see you again. We have had good
interactions in our public service lives, and I am really
thrilled with your nomination.
And, Ambassador Goldberg, I have really enjoyed visits to
Colombia when you have been there.
This is a really strong panel.
Let me start with Ms. Carlson. Here is a worry of mine,
press freedom. Reporters Without Borders ranked the Philippines
138th out of 180 countries in the most recent World Press
Freedom Index, and attacks on the media have escalated under
President Duterte; but even prior, the Philippines has long
been one of the most dangerous countries in the world for
journalists. The country also has one of the highest impunity
rates in the world, with no one being held accountable in more
than 80 percent of journalist murders over the last 10 years.
Earlier this week, a number of us met with Maria Ressa, an
investigative journalist and Filipina who is the founder of the
online news site Rappler. She won the 2020 Nobel Peace Prize
for her courageous reporting about abuses of power, uses of
violence, and authoritarianism in the Philippines. Ahead of the
national elections in the Philippines in May, the Filipino
Government has stepped up its harassment of both Maria Ressa
and Rappler.
If confirmed, how will you work to strengthen freedom of
expression in the Philippines?
Ms. Carlson. U.S. policy toward the Philippines is based on
our shared values of rule of law, democracy, freedom of
expression. And as we are seeing around the world, there is a
rise in authoritarianism, which we need to work together with
our like-minded partners in civil society and in government in
the Philippines to counter, which is why I was really pleased
to see that the Philippines participated in the Summit of
Democracy and the year-long commitments that are being made,
resulting in another summit coming up at the end of this year.
So, if confirmed, I would continue the work that our
colleagues at the Embassy are doing to work with all levels of
civil society, including and especially journalists, including
Maria Ressa and other members of the press who are struggling
to tell the story so that we can combat disinformation and make
sure that the truth is told about what is happening not only in
the Philippines but in other democracies around the world.
Senator Kaine. Thank you very much. I have a piece of
bipartisan legislation with Senator Graham, the International
Press Freedom Act, previously introduced. We are working with
the State Department now to make it even better, and I would
hope to be able to get the support of my colleagues on this
committee for having a markup and improve that bill and get it
out. The bill would provide resources to the State Department
to amplify our efforts to protect journalists and include a
special visa category that would enable threatened journalists
to seek safe haven in the United States or other nations.
Mr. Nathanson, Norway, what a great ally, a nation that is
doing so many things right. They are trying to maintain strong
energy production so that Europeans can have an energy source
nearby that is not Russia, and I applaud them for that. If they
can do more, I hope you will encourage them to do more. I know
President Zelensky has been encouraging them.
But one of the interesting things about Norway is that they
had a tradition of not sending weapons into non-NATO countries,
and yet they are being such a strong supporter of the global
democracies' efforts in Ukraine. They have shipped about 2,000
M72 anti-tank weapons, and that is recently, the latest
shipment. The total number is now in excess of 4,000. And this
is a dramatic change in direction from a policy that was in
place since the 1950s of not sending arms to non-NATO countries
that are at war.
Talk a little bit about your understanding of how Norway is
reassessing the relationship with Russia and their role not
only with NATO but more broadly for European security as a
result of Vladimir Putin's illegal invasion of Ukraine.
Mr. Nathanson. As you said, Senator, and I appreciate the
question, Norway is reassessing its relationship with its
neighbor, Russia. They have a 121-mile border in the Arctic
with Russia. But the Arctic Council, which Russia is a member
of, seven other nations in the Arctic Council have condemned
Russia's unprovoked attack in Ukraine, and the Arctic Council
is now at a standstill because of this.
So Norway, as a leader in the Arctic area, is reassessing
its own position with Russia and looking very seriously at the
future with Russia. They recently expelled three Russian
diplomats. As you said, they have broken a long tradition of
Norway by sending arms to Ukraine, as well as financial aid.
And if confirmed, I will continue to work with Norway to
reassess their attitude and their position as it relates to
Russia.
Senator Romney. Thank you.
Senator Cruz?
Senator Cruz. Thank you, Mr. Chair.
Welcome to each of the nominees. Congratulations on your
nominations.
Ambassador Kennedy, thank you for your willingness to be
here. Thank you for your service.
A few weeks ago you and I had a very good conversation in
my office about the threat that China poses to American
national security and, indeed, global peace. Our efforts to
counter China have been institutionalized in a number of
frameworks, and in recent years in the Quad, with Australia,
India, Japan, and the United States.
I believe that the Quad is a critical and invaluable
strategic asset. I know that our regional partners believe so
as well. On Saturday, Australia and India signed an interim
trade deal to reduce dependence on Chinese supply lines. It was
rightly hailed on all sides as a major accomplishment of the
Quad framework.
I would like to get your views on that issue and the role
you envision the Quad playing, and Australia's role within the
Quad.
Ambassador Kennedy. Thank you, Senator. It is nice to see
you again. I agree that the Quad is an ambitious and extremely
important diplomatic initiative. I think it is important that
it includes initiatives that will benefit the health and
prosperity of millions of people in the region across the
board, whether it is delivering vaccines and planning for the
effects of climate change, as well as securing our supply
lines, investing in critical minerals. There are working groups
in many, many different areas.
So I think that with our four democracies working closely
together, we will be able to advance the Administration's goal
of a free and open, secure, prosperous Indo-Pacific. We also
have the AUKUS partnership, which is an incredibly important
security initiative which is being developed as well, and I
think that that will also help secure the region for years to
come.
Senator Cruz. Well, I am heartened to hear that. But
candidly, I worry that the views you articulated are not shared
across the Biden administration. I have been, in particular,
troubled by reports that the Administration is considering
imposing CAATSA sanctions on India. As recently as last month,
U.S. diplomats have reiterated that the Administration is
considering imposing those sanctions.
I find such talk inexplicable, let alone the possibility of
actually following through and sanctioning India. India is the
world's largest democracy. They are a key ally. They are in the
midst of an historic pivot towards the United States, and the
Biden administration seems to be actively working to alienate
them and push India towards Russia and China.
Ambassador Kennedy, you just said rightly that you consider
an important part of your job strengthening the Quad. What
effect do you think imposing sanctions on India would have on
your efforts to strengthen the Quad, and will they make them
more likely or less likely to accomplish your goals?
Ambassador Kennedy. Senator, I am hopefully going to be
confirmed as Ambassador to Australia, and honestly I would look
forward to learning more about that, but I do not have any
information on that today.
Senator Cruz. So you do not have any views on whether the
United States sanctioning India would make it harder for the
Quad to work together effectively?
Ambassador Kennedy. I would want to study up on that and
talk to you about it some more because I am not familiar with
the instances that you referenced.
Senator Cruz. Well, I will say we have all agreed the Quad
was a major strategic step forward, and an alliance between
Australia, India, Japan, and the United States is a critical
way to press back on China. And if the Biden administration
decides instead to treat India as a hostile country subject to
sanctions, it would be spectacularly foolish, and it is part
and parcel of what has been a consistent pattern of
demonstrating weakness and appeasement to our enemies and
alienating our friends. I speak with allies of America across
the globe who say over and over again they do not understand
why the Biden administration treats them so badly, and they
wonder sometimes, ironically, would they be treated better if
they behaved as enemies to America.
And if you are confirmed, I hope that you serve as a voice
of reason in this administration and counsel against the Biden
administration sanctioning important allies of America such as
India.
Senator Murphy [presiding]. Senator Coons?
Senator Coons. Thank you, Senator Murphy, Senator Romney.
Great to be with all of you.
Rather than relitigating relationships with allies across
the current and previous administrations with my colleague, I
am going to try to point us in a forward direction, as tempting
as that engagement might be.
For Caroline, Ms. Kennedy, for Mr. Goldberg, Ms. Carlson,
great to have all of you in front of us.
I am very interested in the next steps in the Indo-Pacific
Economic Framework. It has, I think, the potential to deepen
our economic engagement in the Indo-Pacific. The administration
has been clear that this framework as imagined will not include
new market access commitments. Some of our regional partners
have expressed disappointment in this, and I am hoping to work
with some of my colleagues on this committee to find other ways
to make this framework beneficial to U.S. workers and trading
partners.
As the nominees to serve as our nation's representatives to
Australia, South Korea, and the Philippines, how would each of
you work to make the Indo-Pacific Economic Framework a success
with those governments?
And then second, if I might, all three countries--South
Korea, Australia, the Philippines--have been subject to
punitive economic coercion at the hands of the PRC. I think we
have to find a way to help countries. I was recently in
Lithuania with Senator Durbin. Lithuania, because of a choice
they made, has ended up being on the receiving end of economic
coercion from China. South Korea, Australia, and the
Philippines have as well.
Would you be willing to work with me and others on this
committee as we try and develop other tools in addition to the
Indo-Pacific Economic Framework to help our allies and partners
stand up to economic bullying?
So, a two-part question. If we could, Ms. Kennedy first.
Ambassador Kennedy. Thank you, Senator. It is nice to see
you. With regard to the Indo-Pacific Economic Framework, the
one thing that I know from my time in Japan and I have learned
during this process is that the United States' economic
engagement is something that the region is very much eager for.
So, if confirmed, I would work hard to increase our economic
engagement with Australia and the Pacific Islands, as well as
any place else that my assistance could be helpful. I think
that it is a great opportunity. I saw when I was in Japan how
much opportunity there is for Americans in the Indo-Pacific,
and I think it is something that, because it is far away,
people do not always realize, but we are active there and there
is a great deal of opportunity for the future.
I think the Indo-Pacific Economic Framework has a great
deal of potential in the digital area to meet high standards,
and high labor and environmental standards, as well. So I think
that there is a great deal of anticipation and enthusiasm for
this framework, and it will be a first step that we can build
on going forward.
Senator Coons. Thank you, Ambassador Kennedy. And I
appreciate also your recognition of the key role that some of
the island states in the Pacific can play. There was just a
hearing previously this week on the Tuna Treaty. There are some
ongoing challenges in terms of COVID and economic pressure on
Palau, Kiribati and others, and we would welcome your advice
and engagement on that work as well.
Ambassador Goldberg, great to see you again. I really
enjoyed our time together in Colombia, an absolutely critical
nation that is about to face a significant election, and I am
excited that you have been nominated for this very central role
in our Indo-Pacific strategy. I look forward to your answers to
my compound question.
Ambassador Goldberg. Thank you, Senator Coons. Good to see
you again. The Indo-Pacific is, as Ambassador Kennedy
mentioned, in search of American leadership on economic issues,
as much as on military and security issues. So it is a key area
that we need to develop.
South Korea has some outward-looking programs working with
us in the Indo-Pacific, a southern policy started by President
Moon that I have little doubt will be continued under
President-elect Yoon, and has a lot to offer in the areas of
the digitalized economy and infrastructure and the kinds of
outward-looking programs that we anticipate with the Indo-
Pacific Economic Framework.
On the PRC, clearly we are going to work with friends,
partners, allies on supply chains, making all of ourselves less
dependent on China. In the case of the Republic of Korea, there
are investments being made here in the United States for
electric batteries, for semi-conductors. There is a lot we can
do in artificial intelligence. There are all kinds of areas
where we can work with the ROK to help also limit dependence on
China, and those are things we need to work on together, and,
if confirmed, I would be very, very anxious to do so.
Senator Coons. Thank you, Ambassador.
Ms. Carlson?
Ms. Carlson. Thank you. I guess I would start with the
question of what are we doing right in this area, and I think
if we look at the Philippines, we are doing a lot right. We
have very vibrant trade and investment relationships going both
ways, and if confirmed, I would work to strengthen those
relationships.
Before the pandemic, the Philippines was one of the fastest
growing economies in the region. There is a great deal of
potential. My colleagues have already mentioned a number of the
areas in high tech, and also we have the importance of supply
chains that we want to work on with the Philippines. And I
think if we look at our values, we are focused on transparency
and predictability in the area of economic development, and I
think that is our real strength when we compare ourselves and
when others compare us to our competitors.
Senator Coons. Mr. Chairman, would you tolerate me asking
one more question? Thank you.
Mr. Nathanson, it is great to see you. I am excited that
you have been nominated for this important relationship with
the Kingdom of Norway. They are a key partner, a NATO ally, a
long and deep relationship in no small part because of the
significant diaspora community here.
I would just be interested in your thoughts on what that
relationship looks like now after the Russian invasion of
Ukraine and the renewed focus on European collective security.
How has our defense cooperation shifted, and how might it
further shift, including through the Supplementary Defense
Cooperation Agreement, and anything you care to share about the
Nordic nations and their relationships with us which might
shift? Norway has long enjoyed active participation in NATO,
but their neighbors to the east have so far declined to pursue
that. I wondered if you thought that was something that might
end up being in your bailiwick as our ambassador, if confirmed?
Mr. Nathanson. Nice to see you again, Senator Coons. I
believe our relationship with Norway, because of Russia's
actions in the Ukraine, has only strengthened. Norway has
announced increased spending for both NATO and its own military
defenses. We have encouraged that. If confirmed, I would work
with Norway and our military leaders to make sure that they are
strong and that the northern border which borders Russia in the
Arctic, which they call the High North, is even stronger than
it is today.
Norway is very concerned about this. They continue to be
very focused on it, and I think hopefully they will work with
their neighbors to be more aware. In recent exercises where
over 30,000 American and troops from 27 other countries
participated in the Arctic, both Finland and Sweden also
participated. I think this was an excellent sign, and I think
we can see Norway working with its neighbors in Finland and
Sweden, in Denmark and Iceland, to even work more together in
military defenses of the Nordic nations.
Senator Coons. Thank you.
Thank you, Mr. Chairman.
Senator Murphy. Thank you, Senator Coons.
I just have a few additional questions. I will be happy to
entertain a short second round before we let you all go. We
have one more vote pending.
Ms. Carlson, I wanted to drill down a little bit more on
this tension we have with the Philippines. You talked
appropriately about the scope of our defense and security
partnership. We see them as a key friend and ally as we seek to
address China's designs to expand their influence in the
region. But, listen, we cannot look the other way when
reportedly up to 20,000 or more people have died since
President Duterte came into office, many of them outside of any
formal legal process. This is a stunning turn of events in the
Philippines.
I tend to think that at this moment in time, when we see
this war being waged on democracy around the world, we should
err on the side of human rights and democracy when we have a
conflict between security and rule of law. What I have found in
my brief time on this committee is that oftentimes ambassadors,
who are charged with maintaining a good relationship with the
home country, are often not on the leading edge of recommending
policies that will get tougher, that may change the nature of
our relationship as a means to send a message about how much we
value human rights, the rule of law, and democracy.
You talked about your willingness to step up and assert our
interests when it comes to protecting the rights of human
beings in the Philippines, but what are the tools that are at
your disposal? Is it enough to just occasionally raise issues
in private meetings? What else can a good, thoughtful, capable
ambassador do? What tools do you have, what tools do you need
in order to do more than just raise objections?
Ms. Carlson. Thank you very much. I will commit here to say
it is more than just a willingness; you have my commitment.
But, if confirmed, I will raise those tough issues that you
just mentioned. Human rights, respect for human rights, is
fundamental to the U.S.-Philippine relationship. We have
ongoing conversations all the time about these hard questions.
Friends, partners, allies know how to have those tough
conversations. We do not always see the results that we want,
but we continue to have the conversations.
Some of the tools that we have in our foreign policy
toolkit are, for example, Leahy sanctions. We make sure that we
do not give any assistance to any police or military entities
that engage in gross violations of human rights. That is one
tool that we have. Anytime that we export arms, we make sure
that none of those firearms go to entities that have violated
human rights.
So we continue to actively monitor human rights abuses and
have those difficult conversations with all sectors of the
Government. At the same time, we work in close concert with
civil society organizations. Senator Coons just mentioned, I
believe, the conversation with--I am sorry, somebody did--with
the visiting journalist, Maria Ressa, from the Philippines. And
if confirmed, I would continue to have those conversations
across the civil society bodies and with the Government and use
every tool at our disposal to make sure that as friends and
partners, we continue together to promote our shared values.
Senator Murphy. I appreciate that answer. It is a strong
one, and I know these decisions are sort of above your level of
responsibility. But for the record, we do not have a very good
record of refraining from security sales and arms sales to
countries with pretty miserable records on human rights,
whether it be the UAE, the Saudis, the Egyptians. I think right
now we have that balance incorrect. I look forward to working
with you on this.
One last question for you, Mr. Goldberg. You have had a
really remarkable diplomatic career. This is going to be your
third posting as an ambassador. You served as a charge in a
number of places. We are having a really hard time confirming
ambassadors here. In fact, it is stunning how difficult it is
to get career public servants in ambassadorial posts. It seems
that many of my colleagues are pretty blase about the effects
of that, the impact of it. I can understand that to an extent
because our charges are remarkable, they do great work. But it
strikes me that there is a big difference between having an
ambassador and having a charge, and you have seen that
difference.
So I would just love to get your candid thoughts before the
committee as to why it is important to have ambassadors in key
countries and what the difference is between that and having a
charge.
Ambassador Goldberg. I very much appreciate the chance to
do so, Senator Murphy. Having a career or a non-career
ambassador confirmed by this body, nominated by the President,
brings a prestige and authority that a charge cannot really
fully have. I was a non-confirmed Chief of Mission in Kosovo
many years ago when it was being administered by the United
Nations, and because of the United States' image in Kosovo, it
brought a great deal of authority.
But still, when you are dealing with other parts of our
government, as much as the Government to which you are
accredited, you do not have the same voice and the same kind of
authority to speak about issues. We all have been nominated by
President Biden for these jobs. We are looking to you for
confirmation, and that in and of itself is an important
indicator to another government.
Access is another issue. There are a lot of foreign
governments that do not want to necessarily meet at a very high
level with charges, and so that is an important point as well.
So I do believe we need our Ambassadors in place. We need
them to do their work and to carry out the business of our
foreign policy.
Senator Murphy. Thank you very much.
Thank you all.
Senator Romney?
[No audible response.]
Senator Murphy. Good.
Well, thank you all for your testimony today. We look
forward to getting you on the job as quickly as possible.
We are going to keep the hearing record open until 5
o'clock tomorrow for additional questions for the record.
And with that, this hearing stands adjourned.
[Whereupon, at 11:51 a.m., the hearing was adjourned.]
----------
Additional Material Submitted for the Record
Responses to Additional Questions for the Record Submitted
to Hon. Caroline Kennedy by Senator Robert Menendez
Question. Beyond our security partnership there are significant
opportunities for the United States and Australia to better coordinate
our development and economic statecraft efforts. As you look around the
Indo-Pacific, where do you think we can best look for opportunities to
step-up coordination that allows each of our nations to play to our
comparative advantage?
Answer. The United States and Australia stand steadfast with allies
and partners in the region in support of a shared vision and shared
values, and the determination to call out and respond to countries that
attempt to undermine them. I know from my time as Ambassador to Japan
that the region is eager for U.S. economic engagement. As the largest
development assistance partner in the Pacific region and the only
country with an Embassy in every Pacific Island nation, Australia is a
leader in the region. If confirmed, I look forward to working with
Congress, my State Department counterparts, Mission Australia
personnel, and the Australian Government to identify the best
opportunities to step up coordination in development assistance,
multilateral engagement, and infrastructure partnerships.
Question. I am very concerned about directed energy attacks on U.S.
Government personnel (so-called Anomalous Health Incidents). Ensuring
the safety and security of our personnel abroad falls largely on
individual Chiefs of Mission and the response of officers at post. It
is imperative that any individual who reports a suspected incident be
responded to promptly, equitably, and compassionately. Do you agree
these incidents must be taken seriously, and pose a threat to the
health of U.S. personnel?
Answer. Yes. I am deeply troubled by reported anomalous health
incidents that have affected U.S. Government personnel and their family
members. Serving one's country overseas should not come at the cost of
one's health. If confirmed, the health, safety, and security of Mission
Australia staff and their families will be my highest priority.
Question. If confirmed, do you commit to ensuring that any reported
incident is treated seriously and reported quickly through the
appropriate channels, and that any affected individuals receive prompt
access to medical care?
Answer. Yes. If confirmed, I commit to ensuring that all reported
potential anomalous health incidents are given serious attention and
reported swiftly through the appropriate channels. I will also ensure
that staff who are affected by these incidents receive prompt access to
the treatment, support, and medical care that they need.
Question. Do you commit to meeting with medical staff and the RSO
at post to discuss any past reported incidents and ensure that all
protocols are being followed?
Answer. Yes. If confirmed, I commit to meeting with medical staff
and the RSO at Embassy Canberra to discuss any reported anomalous
health incidents. If confirmed, I will work to be prepared to protect
the safety of Mission Australia and ensure that all protocols regarding
anomalous health incidents are being followed.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Caroline Kennedy by Senator James E. Risch
Question. If confirmed, do you commit to ensuring we sustain the
momentum behind the AUKUS partnership?
Answer. Yes. If confirmed, I will ensure that we build upon the
significant momentum already achieved in the first six months of the
AUKUS partnership, as described in the April 5th statement of President
Biden and the Prime Ministers of Australia and the United Kingdom. If
confirmed, I look forward to learning more about AUKUS and working hard
to further this ground-breaking, ambitious, and enhanced trilateral
partnership. The AUKUS partnership will play a vital role in the U.S-
Australia relationship, and I will work to ensure that the entire
Mission Australia team supports all aspects of the AUKUS partnership.
Question. If confirmed, do you commit to include ensuring the
partnership yields concrete near-term wins to show its effectiveness,
and that the Department of State is robust in engaging with the DoD,
NSC, and AUKUS partners to advance the partnership? How will you go
about doing that?
Answer. Yes. If confirmed, I look forward to learning more about
where the partnership can produce near-term wins and driving toward
those milestones. I would ensure that my Mission Australia team
continues to work closely with the Washington interagency, including
the Department of Defense, Department of Energy, and the National
Security Council, and closely with Congress and our AUKUS partners to
advance the partnership.
Question. What are your views on the current situation in the
Taiwan Strait?
Answer. If confirmed, I would work closely with Australian leaders
to ensure we remain aligned across the full range of policy priorities,
including maintaining peace and stability across the Taiwan Strait.
Like the United States, Australia enjoys robust unofficial ties with
Taiwan in accordance with Australia's own one-China policy. We share
similar concerns over provocative PRC actions in the Taiwan Strait, and
if confirmed, I would work with Australia to urge Beijing to cease its
military, diplomatic, and economic pressure against Taiwan, and instead
engage in meaningful dialogue. I would also support U.S.-Australian
cooperation in support of Taiwan's international space under the Global
Cooperation and Training Framework, of which Australia is a valued
global partner.
Question. What opportunities do you see for the U.S. and Australia
to cooperate on supporting Taiwan, including defense, civilian
resilience to Chinese coercion and aggression, and economics and trade?
Answer. Consistent with our one China policy, the United States
makes available to Taiwan defense articles and services necessary to
enable it to maintain a sufficient self-defense capability commensurate
with the People's Republic of China's (PRC) threat to Taiwan. Like the
United States, Australia enjoys robust unofficial ties with Taiwan in
accordance with Australia's own one-China policy. It is critical that
the PRC understand that peace and stability in the Taiwan Strait is not
merely a U.S. interest but an international interest, as it is
essential to regional and global stability and prosperity. If
confirmed, I commit to working closely with Australia to use all tools
to promote peace and stability in the Taiwan Strait.
Question. Taiwan needs support for civilian defense and resilience
efforts, especially now that it's set up the new All-Out Defense
mobilization. What are your views on U.S. efforts to work with
Australia in this area?
Answer. Like the United States, Australia enjoys robust unofficial
ties with Taiwan and opposes unilateral changes to the status quo
across the Taiwan Strait. If confirmed, I commit to working closely
with Australia to use all tools--including diplomacy and development--
to strengthen Taiwan's resiliency.
Question. Australia has taken many steps to increase scrutiny of
Chinese political influence and investment in Australia. What lessons
should the U.S. learn from Australia on this issue?
Answer. Australia has remained steadfast in its resistance to PRC
economic coercion, despite continued pressure, and serves as an example
to other countries facing similar pressure. Australian officials have
publicly condemned PRC disinformation campaigns and political
interference attempts, and have warned the public of sophisticated
malicious cyber activities carried out by actors with ties to the
state. In December 2020, Parliament passed legislation that
significantly increased the Government's authority to review foreign
investments in national security businesses. Additionally, Australia
has blocked PRC participation in its 5G network, prohibited several
deals involving PRC investment in Australia and the region, and
financed the purchase of the largest telecom company in the South
Pacific to safeguard the region's ICT infrastructure. If confirmed, I
am committed to learning more from Australian Government, business, and
civil society leaders about their experience so that we can build
resilience in the United States and abroad.
Question. Where can the U.S. work more closely with Australia on
malign political influence?
Answer. If confirmed, I look forward to learning more from
Australia about how we can work more closely to counter disinformation
and malign political influence. Drawing on the lessons learned from
Australia's economic and political resilience in the face of PRC
coercion, I would seek to engage with Australia where our mutual
interests are being undermined by PRC actions, including in the Pacific
Islands. I would also work with Australia through multilateral
configurations, such as the Quad disinformation working group.
Question. As U.S. Ambassador to Japan under President Obama, you
strongly supported the Trans-Pacific Partnership (TPP). Is that still
the case today, and do you support the follow-on Comprehensive and
Progressive Trans-Pacific Partnership (CPTPP)?
Answer. Much has changed in the world since the original TPP was
signed in 2016. Despite the United States' withdrawal from TPP (now
CPTPP), the U.S.-Australia economic relationship, which is underpinned
by the U.S.-Australia Free Trade Agreement and our growing cooperation
on critical technologies and supply chains, is as strong as ever. I
understand that countries in the Indo-Pacific region are eager for
greater U.S. economic engagement and that the Administration is looking
at a range of options that promote shared goals of high standards,
cooperation, and inclusive prosperity. If confirmed, I would work with
the White House, other agencies, and Congress to negotiate and develop
trade policies that advance the interests of all Americans, support
American innovation, and enhance our competitiveness.
Question. China has applied to join CPTPP. Even before full
membership, it could join as an observer, which would give it huge
influence over the future of trade in the region. In your view, what
are the consequences of China being in CPTPP, while we are not in it?
Answer. I understand that the PRC has submitted a formal request to
join CPTPP. The United States is not a party to the CPTPP; therefore,
it defers to CPTPP parties regarding views on the PRC's potential
accession. That said, if confirmed, I would engage with Australia and
other partners who are members of the CPTPP to encourage them to take
the PRC's non-market trade practices and use of economic coercion
against other countries into account in their evaluation of the PRC as
a potential candidate for accession.
Question. Based on your assessment to the previous question, what
should the U.S. be doing on trade and economics in the Indo-Pacific?
Answer. I understand the Administration is looking at a range of
options to forge stronger economic partnerships in the Indo-Pacific
that promote shared goals of cooperation and inclusive prosperity. We
must be committed to strengthening trade and investment in the region
in a manner that promotes good paying American jobs, high standards,
and supply chain resiliency and offer the same benefits for our Indo-
Pacific partners. The administration's approach to trade is focused on
supporting American working families, defending our values, and
protecting the long-term prosperity and security of the United States.
The United States is focused on making investments in U.S. workers and
U.S. competitiveness before signing new trade agreements, including in
the Indo-Pacific. If confirmed, I would support the Administration's
trade policy.
Question. I have heard consistent feedback from Indo-Pacific allies
and partners that the Indo-Pacific Economic Framework (IPEF) leaves a
lot to be desired--especially since there is no market access component
and the Administration has stated it will not conclude free trade
agreements. What is your understanding of what IPEF seeks to achieve?
Without market access, what incentive do our partners have to cooperate
through IPEF?
Answer. As President Biden announced at the East Asia Summit, the
United States is developing an Indo-Pacific Economic Framework (IPEF),
in consultation with allies and partners in the region, to position our
economies for the future. The framework will address trade
facilitation, the digital economy, supply chain resilience,
infrastructure, decarbonization and clean energy, and other areas of
shared interest. I understand this framework is in early stages of
development, and I am not read in on country-specific details. My
understanding, however, is that there is a strong desire from partners
in the region for increased U.S. trade, investment, and overall
economic engagement. If confirmed, I look forward to working with
allies and partners to make progress on our shared priorities and
advance sustainable and inclusive growth across the region with
guidance from the White House, Commerce, and USTR, who have the lead on
IPEF.
Question. If confirmed, what would you do to ensure that the United
States advances a robust and actionable trade and economic agenda with
Australia and in the broader Indo-Pacific region?
Answer. The United States is Australia's most important economic
partner. Two-way trade has nearly doubled in the 15 years since we
signed our Free Trade Agreement. The United States remains Australia's
largest source of foreign investment, generating innovation--and high-
paying jobs--in the technology, defense, space, and health care sectors
in both our countries. U.S. and Australian public-private partnerships
are working toward ending the global pandemic, as well as helping
develop standards for critical and emerging technologies, including
quantum computing, artificial intelligence, 5G, biotechnology, the
digital economy, and space. Australia is also well placed to assist us
with critical mineral supply security. If confirmed, I would work
closely with my colleagues in USTR and other agencies to promote the
Administration trade policy.
Question. China is reportedly concluding a security and policing
agreement with the Solomon Islands. In your view, what are the
implications for the U.S. and Australia if this comes to pass, and what
should the U.S. be doing about it?
Answer. I know that the United States values its relationship with
Solomon Islands, remembering well the friendship that was forged by our
shared sacrifices in World War II, a friendship that aided in the
rescue of my father during the war. The United States and its allies
and partners have helped maintain peace and security in the Indo-
Pacific region in the post-World War II era, providing stability that
has facilitated economic prosperity. Australia has longstanding
economic, people-to-people, law enforcement and security ties with
Solomon Islands. U.S. allies and partners in the region, including
Australia, have expressed concerns about how this agreement may
threaten the current regional security paradigm. Such an agreement
could set a concerning precedent for the wider Pacific Islands region.
If confirmed, I will closely coordinate with the Australian Government,
other partners in the Pacific, other U.S. Government agencies, and
Congress to maintain peace and prosperity in the region.
Question. Do you commit that you will not advise Secretary Blinken,
the President, or any other official to sacrifice other U.S. interests
or make concessions for the sake of an agreement with or promises from
China on climate change?
Answer. Support for democracy, economic development, transparency,
human rights, and human dignity are not mutually exclusive, and go
hand-in-hand with climate progress. As Special Presidential Envoy Kerry
has noted, climate is a critical standalone issue, and other aspects of
the U.S.-China relationship will not be traded for U.S. interests. We
can both compete with the PRC and work to prevent and reverse climate
change's effects. If confirmed, I will advocate for climate and U.S.
interests to remain at the forefront of American foreign policy.
Question. If confirmed, what would you seek to accomplish in your
first 100 days as U.S. Ambassador?
Answer. If confirmed, I would endeavor to engage with numerous
stakeholders in the U.S.-Australian relationship here in the United
States before departing for Post. During that time, I would work
closely with colleagues at the State Department and in Mission
Australia to develop a plan for the first 100 days that addresses the
most important issues and engages the key constituencies in Australia
as soon as possible. Upon arriving in Canberra, I hope to have
substantive discussions about our bilateral security and diplomatic
relationship with my government counterparts, including on AUKUS and
the Quad. I would meet with the American business community in
Australia as well as Australian corporate leaders in an effort to
promote our two-way economic relationship, including in the areas of
critical minerals, supply chain security, and scientific and
technological collaboration. I will make a special effort to reach out
to those who have not been as engaged with Mission Australia recently,
with a focus on the entire continent, young people, and diverse
communities to ensure that the groundwork is solid for an even stronger
relationship in the coming years.
Question. Many U.S. missions have been under enormous stress over
the last few years, in large part due to COVID. What is your
understanding of morale throughout Mission Canberra?
Answer. I know that Mission Australia has faced some of the most
stringent lockdown and quarantine requirements in the world. Australia
has only recently lifted all COVID-related restrictions. Despite that,
I understand Mission Australia is, unsurprisingly, a sought-after
posting. If confirmed, I look forward to learning more about how COVID
has affected our Mission personnel over these last few years and doing
whatever I can to improve morale.
Question. How do you intend to improve morale at Mission Canberra?
Answer. If confirmed, I look forward to working closely with the
teams at Mission Australia to understand and address any issues
affecting morale. I am aware that the past couple of years have been
difficult as embassies and consulates around the globe have grappled
with the pandemic and an increasingly fragmented world. I will listen
and learn from my colleagues, particularly the first and second tour
professionals and the local staff, about the challenges they face that
I might not otherwise be aware of, and I will seek their suggestions
for improvement. I will try to use my position as Ambassador to empower
my colleagues at Mission Australia as they work across the range of
issues in our bilateral relationship, and in the region more broadly.
Question. How do you intend to create a unified mission and vision
at Mission Canberra?
Answer. If confirmed, I will start by listening to those already in
Mission Australia. I will work to engage with the entire community in a
variety of settings--small groups, country team meetings, and town hall
gatherings. I will seek community input and articulate my priorities
and those of the Biden-Harris administration. I will travel to all the
U.S. consulates in Australia as well as other locations where U.S.
Government employees are working to make sure they feel included in our
mission. I will endeavor to be open and inclusive and set high
expectations for myself and for others. I will take the time necessary
to make sure that the entire community has a shared set of goals
Question. Management is a key responsibility for Chiefs of Mission.
How would you describe your management style?
Answer. I believe strongly that the Ambassador must set high
ethical standards, and I was recognized for doing so during my time in
Japan. In my life, I have been fortunate to learn by example and I hope
that I can model good performance for my colleagues while welcoming
feedback as to how I can do better. I defer to the experts on issues
and processes within the State Department, and I work to be open and
inclusive to all members of the community about their concerns. I am
always looking for reasons to celebrate our successes as a community
and work to correct our shortcomings.
Question. Do you believe it is ever acceptable or constructive to
berate subordinates, either in public or private?
Answer. No. I don't believe it is acceptable to berate or belittle
subordinates in public or in private.
Question. How do you envision your leadership relationship with
your Deputy Chief of Mission?
Answer. The relationship between an Ambassador and a Deputy Chief
of Mission (DCM) is critical to the success of a Mission. I experienced
this first-hand in Japan. If confirmed, I would rely heavily on my DCM
for his/her expertise in the processes and procedures of the State
Department and his/her knowledge of Australia. I would seek a strong
partnership and a relationship based in trust and confidence.
Question. If confirmed, what leadership responsibilities do you
intend to entrust to your Deputy Chief of Mission?
Answer. If confirmed, I will rely on my DCM's career-knowledge of
Department policies and procedures to ensure the smooth functioning of
Mission Australia. I welcome a close partnership and look forward to
discussing other areas of DCM leadership with him/her.
Question. In order to create and continue employee excellence at
the Department, accurate and direct employee evaluation reports (EERs)
for Foreign Service Officers are imperative, though often lacking. Do
you believe that it is important to provide employees with accurate,
constructive feedback on their performances in order to encourage
improvement and reward those who most succeeded in their roles?
Answer. Yes. If confirmed, I will be transparent with my colleagues
on their performance. This means rewarding those who are succeeding in
their roles and providing constructive feedback. I will seek out
dissenting views, listen to the experts, and welcome candid and open
feedback. I will hold myself and my team to the highest standards and
ensure we are accountable at all levels.
Question. If confirmed, would you support and encourage clear,
accurate, and direct feedback to employees in order to improve
performance and reward high achievers?
Answer. Yes. If confirmed, I will be transparent with my colleagues
on their performance. This means rewarding those who are succeeding and
providing constructive feedback and opportunities for improvement when
necessary. I will also welcome candid and open feedback.
Question. It is imperative that U.S. diplomats get outside of posts
abroad to meet with local actors, including host government officials,
non-government organizations, and fellow foreign diplomats stationed in
Australia. In your opinion, do U.S. diplomats get outside of our
Embassy walls enough to accomplish fully their missions?
Answer. My experience as Ambassador to Japan has taught me that
State Department employees work hard to learn about the country in
which they are serving. I believe that the ability of U.S. diplomats to
engage with local populations in their host country is vital to the
national security, economic prosperity, and people-to-people ties of
the United States. They are America's eyes and ears around the world
and the best representatives of the values upon which our country is
built. Getting beyond the Embassy walls is also essential to their
professional development and success. If confirmed as Ambassador, my
first priority is the safety and well-being of Mission employees. As
long as it is safe, I will encourage Mission employees to make outreach
a priority.
Question. How do you intend to improve the ability of U.S.
diplomats to better access all local populations?
Answer. If confirmed, I will encourage Mission Australia employees
to visit new venues and interact with groups that have not been regular
participants in Mission events. I would place special emphasis on
students--both at the high school and college level--who I would
encourage to study in the United States. During my time in Japan, I
worked hard to increase student mobility and also traveled to a number
of campuses in the United States to encourage Americans to study
overseas. First and Second Tour Officers/Professionals may be best
suited to this sort of engagement because of their recent non-State
experience, and it gives them a chance to develop public diplomacy
skills. I would also encourage Embassy personnel to visit and learn
about new and diverse communities--bearing in mind that there are
sometimes complex dynamics in navigating domestic social issues in
other countries. Their insights can help prioritize these activities. I
will also encourage CODELS and other high-level visitors to accompany
our diplomats on these visits as Congressional interest is the best way
to drive results.
Question. Public diplomacy is an important aspect of U.S. foreign
policy efforts. What is the public diplomacy environment like in
Australia?
Answer. There is a vibrant and active public diplomacy environment
in Australia. If confirmed, I will work to expand and strengthen the
already deep people-to-people ties, which form the basis of our close
partnership. These relationships have contributed to the strong mutual
trust between our governments and our close economic ties.
Question. What public diplomacy challenges do U.S. diplomats face
there?
Answer. The public diplomacy environment in Australia is vibrant
and active. Our people-to-people ties are strong and deep and form the
basis of our close partnership. However, polling shows younger and
diverse audiences are more skeptical of the U.S.-Australia alliance.
Building relationships and overcoming skepticism with future Australian
leaders will take more concerted outreach and trust-building, but
ultimately pays dividends for the future of the alliance. If confirmed,
I will work with Mission Australia, and in particular the Public
Diplomacy team, to engage with younger and diverse groups.
Question. How do you balance the importance of Main State versus
the in-country mission when it comes to tailoring public diplomacy
messages for foreign audiences?
Answer. If confirmed, I will work with the team at Mission
Australia to understand and protect the Mission's crucial role in
formulating public diplomacy programs and responses. The staff of
Americans and Australians at the Embassy in Canberra and the Consulate
Generals in Melbourne, Perth, and Sydney all provide expertise and
local insight. If confirmed, I will draw on their expertise to ensure
our public diplomacy messages are appropriate for the local audience,
while reflecting our key foreign policy priorities.
Question. ``Anomalous health incidents,'' commonly referred to as
``Havana Syndrome,'' have been debilitating and sidelining U.S.
diplomats around the world for years. They have caused serious,
negative consequences for U.S. diplomacy, yet many believe that the
Department is not doing enough to care for, protect, and communicate to
its personnel. If confirmed, do you commit to taking this threat
seriously?
Answer. I am deeply troubled by the reported anomalous health
incidents that have affected U.S. Government personnel and their family
members. Serving one's country overseas should not come at the cost of
one's health. Such incidents may pose a threat to the wellbeing of U.S.
personnel and must be taken extremely seriously. If confirmed, the
health, safety, and security of Mission Australia staff, their family
members, and all those supporting the Mission will be my highest
priority.
Question. [Re: Anomalous health incidents] If confirmed, do you
commit to talking as openly as you can to Mission Canberra personnel?
Answer. Yes. If confirmed, the health and safety of Mission
personnel will be my highest priority.
Question. In the State Department's 2021 Trafficking in Persons
Report, Australia was on Tier 1 for meeting the minimums standards for
the elimination of human trafficking. However, its trafficking
convictions remain low in comparison to the number of trafficking
cases. Additionally, trafficking sentences have been lenient. If
confirmed, do you commit to work with the Government of Australia to
improve conviction rates as well as sentence terms for traffickers?
Answer. Trafficking in persons is a matter of deep concern to me.
If confirmed, I would actively encourage the Australian Government to
strengthen efforts to increase the investigation and prosecution of
trafficking crimes, and sentence convicted traffickers to significant
prison terms.
Question. In the State Department's 2020 International Religious
Freedom report, Australia has experienced acts of antisemitism and
targeting or religious minorities. If confirmed, do you commit to
working with the Government of Australia to combat antisemitism and
targeting of religious minorities?
Answer. Yes. If confirmed, I am committed to doing everything
possible to promote and protect universal respect for the right to
freedom of religion or belief for all, to include working with the
Australian Government to combat antisemitism and targeting of religious
minorities. Respect for the right to freedom of religion or belief is a
core value for both Americans and Australians.
Question. Additionally, the 2020 International Religious Freedom
report note that members of the Uyghur community in Australia have been
harassed by the Chinese Government in country. How would you work with
the Australian Government to address harassment of Uyghurs and other
minorities by the Chinese Government?
Answer. Australia has clearly and consistently called on the PRC
Government to respect the human rights of predominantly Muslim Uyghurs
and members of other religious and ethnic minority groups. I also
welcome Australia's public comments regarding human rights in the PRC,
including in Hong Kong, Tibet, and Xinjiang. If confirmed, I would work
with the Government of Australia to explore ways to protect members of
the Uyghur community and other diaspora groups experiencing harassment
by PRC officials in Australia, as well as identify opportunities to
jointly advocate for their human rights in the PRC.
Question. In the State Department's 2020 Human Rights Report,
Australia was identified as having significant human rights abuses
including credible allegations of deaths or injury related to prison
abuse, particularly of minority groups and persons with disabilities.
If confirmed, how will you work to improve prison conditions, in
particularly for minority groups and persons with disabilities?
Answer. There is a need to frankly address necessary improvements
of prison conditions with a partner like Australia, and that means
admitting our own imperfections openly. Although the 2021 Human Rights
Report identified no significant reports regarding prison conditions
that raised human rights concerns, there is always work to be done to
sustain appropriate conditions. If confirmed, I would ensure Mission
Australia shares the ways we are attempting to address the deficiencies
in our justice and corrections systems, promotes those actions to
benefit Australia, and explores ways our own civil society groups can
engage with Australian civil society as we pursue common aims.
Fostering people-to-people ties with Australia will be one of my key
priorities as Ambassador, if confirmed. I see opportunities to deepen
engagements between U.S. and Australian civil society groups. I would
work with my Mission team to prioritize engagement across the spectrum
of Australian society, including with groups looking to address these
issues.
Democracies are judged by their respect for human dignity and
individual rights, including the rights of members of minority groups,
those with disabilities, and those who are incarcerated. My family has
a deep and long-standing commitment to working to better the lives of
those with intellectual disabilities and to addressing discrimination
towards them. While writing a book on the Bill of Rights, and while
working with the NYC Department of Education, I spent time with death-
row prisoners in Virginia and Arizona and in high schools located in
detention facilities in New York City to look at these issues. In
Japan, I learned about the work of consular officers assisting U.S.
citizens detained in Japan and advocated with the Japanese Government
for their release on humanitarian grounds. If confirmed, I look forward
to working with Australian Government entities and civil society groups
on these issues, learning more about the Australian prison system and
what needs to be improved, and to sharing lessons from the American
experience while being honest about our shortcomings and goals for the
future. Although the 2021 Human Rights report identified no significant
reports regarding prison conditions that raised human rights concerns,
if confirmed, I see opportunities to deepen engagements between the
United States and Australia on these issues.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Caroline Kennedy by Senator Edward J. Markey
Question. On April 5, the Biden administration provided an update
on the Australia, United Kingdom, and United States security
partnership, AUKUS. AUKUS will supply Australia technology for nuclear
powered submarines and allows for the United States and its partners to
preserve a free and open Indo-Pacific region.
If confirmed, will you work with your counterparts at the State
Department and with the Australian Government so that the
strongest nonproliferation standards are upheld in the AUKUS
deal?
Answer. Yes. Australia, the United Kingdom, and the United States
are undertaking this effort in a way that reflects our longstanding
leadership in global nonproliferation and rigorous verification
standards, in partnership and consultation with the International
Atomic Energy Agency. All three countries remain steadfast in their
support of the Nuclear Non-Proliferation Treaty and the global nuclear
nonproliferation regime. Australia remains committed to adhering to the
highest standards for safeguards, transparency, verification, and
accountancy measures to ensure the non-proliferation, safety, and
security of nuclear material and technology. Australia also remains
committed to fulfilling all of its obligations as a non-nuclear weapons
state, including with the International Atomic Energy Agency. If
confirmed, I will work with my State Department colleagues, Australia,
and the UK to ensure the strongest nonproliferation standards are
achieved in AUKUS cooperation.
Question. The United States Innovation and Competition Act of 2021,
passed by the Senate and the America COMPETES Act passed by the House,
both include a provision to create a Quad Intra-Parliamentary Working
Group to facilitate progress on Quad Summit commitments.
How can the Quad Intra-Parliamentary Working Group build on and
complement other work being facilitated through the Quad?
Answer. Quad cooperation supports the United States' goal of
realizing a free and open Indo-Pacific, and our vision for this
multilateral mechanism is ambitious and far-reaching. If confirmed, I
look forward to engaging with members of Congress on how best to
support that goal and advance the work of the Quad, including with
respect to any proposed intra-parliamentary working group.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Caroline Kennedy by Senator Todd Young
Question. If confirmed, what would you see as your role as
Ambassador in furthering AUKUS?
Answer. The United States has an unrivaled network of allies and
partners around the world, and our commitment to them is unshakable. As
the United States advances a free and open Indo-Pacific, we will
continue to work with and through longstanding multilateral
organizations, like ASEAN, and informal multilateral mechanisms, like
the Quad, in addition to working with our allies in the region, and
around the world. The trilateral AUKUS partnership between the United
States, Australia, and the United Kingdom, will strengthen our combined
capacity to produce greater stability and security in the Indo-Pacific
region. If confirmed, I look forward to learning more about the
progress that has been made in the past six months and working to
enhance joint capabilities and interoperability between the United
States, Australia, and the United Kingdom. I will work to strengthen
cooperation on emerging areas of importance, such as cyber, artificial
intelligence, quantum technologies, hypersonics, and counter-
hypersonics, electronic warfare, and additional undersea capabilities.
Question. One of the elements of the AUKUS partnership is advanced
capabilities, such as AI, cyber, and quantum technologies. In your
view, how does this partnership with Australia further U.S. leadership
in emerging technology?
Answer. Through AUKUS, the United States seeks to significantly
deepen cooperation on a range of security and defense capabilities.
AUKUS partners have made strong progress in the four advanced
capabilities that the President and Prime Ministers identified in
September 2021. They have recently announced the intent to increase
trilateral cooperation on hypersonics, counter-hypersonics, and
electronic warfare capabilities. Our cooperation will also promote
deeper information and technology sharing, and foster further
integration of security and defense-related science, technology,
industrial bases, and supply chains. As part of the broader bilateral
relationship, U.S. and Australian researchers, universities, and
companies have collaborated on research and development of cutting-edge
technology in artificial intelligence, quantum technologies, and space
exploration. The United States and Australia both benefit from a firm
foundation in these technologies which will help grow our economies
through high-skill, high-paying jobs. The United States benefits from
Australia's research centers through shared scientific breakthroughs
and testing of next-generation military capabilities. If confirmed, I
look forward to representing U.S. interests as a leader in emerging
technology.
Question. How would you hope to coordinate Quad actions and unity
around a strategy with all of the other players, including for example
U.S. representatives in Canberra, the NSC and State Bureaus?
Answer. The Quad now has successful and important lines of effort.
If confirmed, I will work with interagency partners, including the NSC
staff, and our Quad partners to ensure we are coordinating across the
various lines of effort.
Question. On March 25, the Solomon Islands confirmed the country
was finalizing a security pact with China, which would authorize
sending military personnel to the islands and conducting ship patrols.
What are the implications for the U.S. and Australia if this comes to
pass, and what should the U.S. be doing about it?
Answer. I know that the United States values its relationship with
Solomon Islands, remembering well the friendship that was forged by our
shared sacrifices in World War II, a friendship that aided in the
rescue of my father during the war. The United States and its allies
and partners have helped maintain peace and security in the Indo-
Pacific region in the post-World War II era, providing stability that
has facilitated economic prosperity. The Solomon Islands response to
Secretary Blinken's announcement of U.S. intent to open an Embassy in
Honiara was overwhelmingly positive. Australia has longstanding
economic, people-to-people, law enforcement and security ties with
Solomon Islands. U.S. allies and partners in the region, including
Australia, have expressed concerns about how this agreement may
threaten the current regional security paradigm. Such an agreement may
set a concerning precedent for the wider Pacific Islands region. If
confirmed, I will closely coordinate with Mission personnel, the
Australian Government, the U.S. Ambassador in Papua New Guinea
(accredited to Solomon Islands), and Congress to maintain peace and
prosperity in the region.
Question. In your view, what ambitions does China have in the
Pacific? If confirmed, what would be your message to the Government of
Australia regarding securing the Pacific from Chinese aggression?
Answer. The PRC has adopted an increasingly provocative foreign
policy. It is the only competitor potentially capable of combining its
economic, diplomatic, military, and technological power to mount a
sustained challenge to a stable and open international system. As
Secretary Blinken has said, our relationship with the PRC will be
competitive when it should be, collaborative when it can be, and
adversarial when it must be. It is critical that we work alongside our
allies and partners to engage the PRC. Australia will be a key partner
in this challenge, and if confirmed, I will prioritize working with
Australia on our shared goals, including addressing together PRC human
rights abuses and violations and attempts to undermine the rules-based
international order.
Question. How do you believe the U.S. should engage with Australia
on China's application to join CPTPP? What is at stake if the U.S. does
not attempt to engage in robust trade discussions with Australia and
other nations in the region?
Answer. We would expect that the PRC's non-market trade practices,
extensive market-distorting direct and indirect subsidies, and use of
economic coercion against other countries would factor into CPTPP
parties' evaluation of the PRC as a potential candidate for accession.
If confirmed, I would work with allies and partners in the region to
uphold international rules, maintain high standards, and ensure that
the PRC is not permitted to undermine a free and fair Indo-Pacific.
Question. How do you believe the U.S. can leverage its
relationships with Australia to build legitimacy for issue-based
coalitions to address China's unfair trade practices?
Answer. The U.S.-Australia relationship has served as an anchor of
peace, security, and prosperity in the Indo-Pacific. Americans and
Australians share deeply rooted values of defending freedom,
championing economic and social opportunity and inclusion, and
respecting human rights and the rule of law. Australia has joined the
United States and our allies and partners to express our joint concerns
about the PRC's unfair trade practices including preferential treatment
for state owned enterprises, data restrictions, inadequate enforcement
of intellectual property rights, and forced technology transfer. The
PRC's campaign of economic coercion against Australia has failed. Our
success here can demonstrate to the world how high-standard, free, and
fair markets can still outcompete the PRC and its reliance on unfair
economic practices and low environmental standards. If confirmed, I
will continue to work with Australia to address the PRC's unfair trade
practices.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Philip S. Goldberg by Senator Robert Menendez
IPEF
Question. The Indo-Pacific Economic Framework (IPEF) is a good
first step, but needs to be more ambitious for the United States to
send a clear message about our enduring presence in the region.
If confirmed, what is your sense of where the opportunities lie to
deepen the U.S.-Korea economic partnership and cooperation on
supply chain security?
Answer. The ROK is our sixth largest goods trading partner, the
world's 10th-largest economy, and an increasingly important partner on
global economic issues including climate change, the COVID-19 pandemic,
development assistance, and supply chain security. Korean firms are
investing tens of billions of dollars in the United States, creating
high-paying jobs in critical and advanced technology sectors, including
semiconductors, electric vehicles (EV) and EV batteries, clean energy,
and more. If confirmed, I would seek to further strengthen our economic
partnership with the ROK to enhance our mutual economic prosperity,
advance our shared strategic interests, and tackle the most pressing
21st Century global challenges.
Our recent experience with the pandemic and semiconductor shortages
has shown that strong and resilient supply chains are critical to our
economic security. Our two countries have held several rounds of supply
chain consultations, including through the U.S.-ROK Senior Economic
Dialogue and the Department of Commerce-led Semiconductor Partnership
Dialogue. We work closely with our Korean counterparts to ensure we
maintain our competitive edge in critical technologies. If confirmed, I
would push to continue deepening U.S.-ROK supply chain cooperation,
particularly on semiconductors and critical and emerging technologies.
Anomalous Health Incidents
Question. I am very concerned about directed energy attacks on U.S.
Government personnel (so-called Anomalous Health Incidents). Ensuring
the safety and security of our personnel abroad falls largely on
individual Chiefs of Mission and the response of officers at post. It
is imperative that any individual who reports a suspected incident be
responded to promptly, equitably, and compassionately.
Do you agree these incidents must be taken seriously, and pose a
threat to the health of U.S. personnel?
Answer. I am deeply concerned by potential anomalous health
incidents affecting U.S. Government personnel and their family members.
These incidents affect the wellbeing of U.S. personnel serving their
country abroad and must be taken extremely seriously. In my current
position as U.S. Ambassador to Colombia, and previously as Charge
d'affaires in Havana, I have made the health and safety of my staff my
top priority, including by contributing to the extensive, ongoing
interagency investigation into the cause of these incidents and how we
can best protect our people. If confirmed, the health, safety, and
security of Embassy Seoul staff, their family members, and all those
supporting the Mission will continue to be my highest priority.
Question. If confirmed, do you commit to ensuring that any reported
incident is treated seriously and reported quickly through the
appropriate channels, and that any affected individuals receive prompt
access to medical care?
Answer. In my current position as U.S. Ambassador to Colombia, and
previously as Charge d'affaires in Havana, I have made the health and
safety of my staff my top priority. If confirmed, I would also commit
to ensuring all reported incidents affecting Embassy Seoul and Mission
Korea personnel are treated seriously and handled expeditiously through
the appropriate medical and investigatory channels. I would ensure that
any affected individuals receive prompt access to treatment and medical
care. Moreover, that they receive our support and empathy.
Question. Do you commit to meeting with medical staff and the RSO
at post to discuss any past reported incidents and ensure that all
protocols are being followed?
Answer. In my current position as U.S. Ambassador to Colombia, and
previously as Charge d'affaires in Havana, I have made the health and
safety of my staff my top priority. If confirmed, I would commit to
work closely with medical staff and the RSO at Embassy Seoul to discuss
any past reported incidents and ensure that all protocols are being
closely followed.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Philip S. Goldberg by Senator James E. Risch
Question. What opportunities do you see for the U.S.-ROK alliance
given the recent presidential election in the ROK?
Answer. The U.S.-ROK alliance is ironclad and for decades has
enjoyed broad support in both countries. The U.S.-ROK partnership
expanded over the past year to include a global partnership, as
evidenced by the successful May 2021 Summit between President Biden and
President Moon. The joint statement released following the summit
provided a vivid demonstration of the enormous breadth and depth of our
expanding relationship.
If confirmed I look forward to working with President-elect Yoon to
continue to deepen our security and economic cooperation, as well as
our joint efforts to address key global challenges, including climate
and clean energy, the COVID-19 pandemic, supply chain resilience,
support for Ukraine, and many other issues.
Question. If confirmed, how would you work to help improve Japan-
ROK ties, and thereby facilitate U.S.-Japan-ROK trilateral cooperation?
Answer. The Biden administration is committed to strengthening U.S.
alliance relationships, particularly with our key allies the ROK and
Japan. We have long encouraged the ROK and Japan to work together to
address their bilateral issues in a way that promotes healing and
reconciliation. Even while addressing sensitive historical issues,
cooperation on our common regional and international priorities must
proceed.
If confirmed as Ambassador, I would continue to focus, as one of my
highest priorities, on deepening our trilateral cooperation,
collaboration, and partnership to foster a forward-looking relationship
that seeks to address the most pressing challenges of the 21st Century.
In addition to work with both the S. Korean and Japanese Governments, I
would promote more emphasis on business and people-to-people ties.
Question. North Korea is in its most active testing period in
years. In your view, what are a few things the U.S. and ROK need to do
to further strengthen the alliance and increase our readiness in light
of these developments?
Answer. The Biden administration condemns the DPRK's ballistic
missile launches, each of which has violated multiple UNSCRs. In
particular, the DPRK's recent ICBM launches constituted a serious
escalation. The United States has made clear that these unlawful and
destabilizing activities will not be accepted by the international
community as ``normal,'' and stressed, that the only viable path
forward for the DPRK is through diplomacy. If confirmed, I would ensure
we continue to coordinate closely with the ROK to address the threats
posed by the DPRK's WMD and ballistic missile programs, on how to best
engage the DPRK, and to advance our shared objective of permanent peace
and the complete denuclearization of the Korean Peninsula. This would
include continued military exercises and readiness.
Question. How would you characterize China's approach to its
relationship with the ROK in recent years?
Answer. The PRC's military modernization, coupled with its
increasingly provocative actions, presents an urgent challenge to our
vital interests in the Indo-Pacific and around the world. The Biden-
Harris administration has shown we will address the PRC challenge from
a position of strength, in which we work closely with the ROK and other
allies and partners to defend and promote the rules-based international
order.
Not only are the United States and the ROK stalwart allies, but the
democratic governments of the United States and the ROK share a deeply
rooted commitment to defend freedom and foster respect for human
rights. If confirmed, I will work with the ROK to promote our shared
vision for a free, open, and prosperous Indo-Pacific and strengthen our
partnership on addressing PRC-related challenges, including by
addressing supply chain issues and global cooperation on our shared
democratic agenda.
Question. What kind of an approach do you think the new Yoon
administration will take to China, and are there opportunities for
greater U.S.-ROK cooperation to challenges presented by China to the
Indo-Pacific region?
Answer. The U.S.-ROK Alliance is key to our efforts to promote a
free, open, and prosperous Indo-Pacific. As a vibrant democracy, the
ROK will play an increasingly important role as a model for liberal
democratic values and a bulwark against the PRC's attempts to project
its autocratic template in the Indo-Pacific region. The ROK is an
important source of foreign direct investment in the Indo-Pacific, and
it is already a major donor and leader in development efforts,
including health security, climate change mitigation, and humanitarian
assistance. If confirmed, I will ensure that we continue to enjoy a
future-oriented partnership with the ROK, with a focus on positive
cooperation with the Pacific Island countries, ASEAN, and in the Mekong
sub-region. These measures will help counter coercive PRC activities in
the Indo-Pacific.
Question. The ROK has applied to join CPTPP, as has China. Do you
support ROK joining CPTPP?
Answer. The Biden-Harris administration remains committed to
upholding a fair and open global trading system--one that follows
through on our trading partners' longstanding commitment to conduct
economic relations with a view to raising standards of living, ensuring
full employment, and promoting sustainable development. If confirmed, I
would work with USTR and other relevant interagency colleagues to
address specific trade issues that may arise with the ROK. Also, as
President Biden announced at the East Asia Summit, the United States is
developing an Indo-Pacific Economic Framework to deepen economic
relations in the region and coordinate approaches to addressing global
economic challenges. As a U.S. ally and our sixth-largest trading
partner, I understand we are closely consulting with the ROK on this
effort, as well as its possible membership in CPTPP.
Question. In your view, what are the consequences of China being in
CPTPP, while we are not in it? Based on your assessment, what should
the U.S. be doing on trade and economics in the Indo-Pacific?
Answer. As President Biden announced at the East Asia Summit, the
United States is developing an Indo-Pacific Economic Framework to
deepen economic relations in the region and coordinate approaches to
addressing global economic challenges. If confirmed, I would support
working with allies and partners in the Indo-Pacific region, including
the ROK, to address a range of economic issues, including fair and
resilient trade, digital policy and emerging technology, infrastructure
and clean energy, and anti-corruption. All such efforts must protect
workers, transparency, and the environment and strengthen the rules-
based economic order in the region.
Question. The U.S. Trade Representative announced the Indo-Pacific
Economic Framework (IPEF) while in the ROK. What is your understanding
of what IPEF seeks to achieve? What is your understanding of how IPEF
will align with the U.S. free trade agreement with the ROK?
Answer. As President Biden announced at the East Asia Summit, the
United States is developing an Indo-Pacific Economic Framework to
deepen economic relations in the region and coordinate approaches to
addressing global economic challenges. As a U.S. ally and our sixth-
largest trading partner, I understand we are closely consulting with
the ROK on this effort.
Question. If confirmed, what would you do to ensure that the United
States advances a robust trade and economic agenda with Korea and in
the broader Indo-Pacific region?
Answer. The U.S.-Korea Free Trade Agreement (KORUS), which just
celebrated its 10-year anniversary, is the foundation of our bilateral
trade and economic partnership. Since the signing of our FTA, U.S.
exports of goods to the ROK have grown by more than 60 percent. The ROK
is our 6th-largest goods trading partner, the world's 10th-largest
economy, and an increasingly important partner on global economic
issues including climate change, the COVID-19 pandemic, and supply
chain security. When our two countries are aligned, we are a powerful
force for setting standards for the Indo-Pacific region and the globe.
If confirmed, I would work closely with my colleagues in USTR and other
relevant agencies to promote the Administration's trade policy, which
benefits American workers and U.S. competitiveness in our economic
relationship with the ROK, as well as throughout the Indo-Pacific. I
would also work to promote growing Korean investment in the U.S., which
creates American jobs and opportunities.
Question. South Korea and the U.S. both have a lot of investment in
Southeast Asia, and are seeking to spur more (in the U.S., that
includes efforts by the Development Finance Corporation). In your view,
are there opportunities for greater U.S.-ROK cooperation on economic
development, infrastructure investment, and other related areas? If
confirmed, what would you do to increase such cooperation?
Answer. The U.S.-ROK relationship is truly global in scope and, if
confirmed, I would prioritize promoting the ROK's role as a leader both
in the region and beyond. The U.S.-ROK Alliance is key to our efforts
to promote a free, open, and prosperous Indo-Pacific. ROK foreign
direct investment (FDI) in the United States has tripled since the
signing of our KORUS FTA. The ROK is one of our largest Asian sources
of foreign direct investment (FDI), with $62.4 billion total stock FDI
in 2020. Korean firms are increasingly investing in high- and emerging-
tech fields, creating 21st Century jobs for the American worker.
The ROK is also an important source of FDI and development
assistance in the Indo-Pacific and a major donor and leader in
development efforts, including health security, climate change
mitigation, and humanitarian assistance. If confirmed, I would work to
deepen our regional economic cooperation and ensure the U.S.-ROK
relationship continues to be a future-oriented partnership, with a
focus on positive cooperation with the Pacific Island countries, ASEAN,
and in the Mekong sub-region.
Question. If confirmed, what would you seek to accomplish in your
first 100 days as U.S. Ambassador?
Answer. The U.S.-ROK Alliance is the linchpin of peace, security,
and prosperity in the Indo-Pacific and beyond. If confirmed, my top
priority would be to deepen our cooperation on key regional and global
challenges, while ensuring our alliance remains ready to respond to any
threat to our shared security. In particular, I look forward to working
with President-elect Yoon to deepen cooperation on enhancing supply
chain resilience and further our joint efforts to combat the climate
crisis and COVID-19 pandemic. I would also ensure we continue to
coordinate closely with the ROK to address the threats posed by the
DPRK's WMD and ballistic missile programs and to advance our shared
objective of permanent peace and the complete denuclearization of the
Korean Peninsula.
Question. Do you commit that you will not advise Secretary Blinken,
the President, or any other official to sacrifice other U.S. interests
or make concessions for the sake of an agreement with or promises from
China on climate change?
Answer. As Secretary Blinken has said, our relationship with the
PRC will be competitive when it should be, collaborative when it can
be, and adversarial when it must be. The PRC has consistently sought to
link its action on climate with the United States making changes in the
bilateral relationship, and we reject that linkage. As Special
Presidential Envoy Kerry has noted, climate is a critical standalone
issue, and other aspects of the U.S.-China relationship will not be
traded for PRC cooperation. We can both compete with the PRC and work
to reverse climate change's effects. If confirmed, I would pursue
cooperation with the PRC where it is in our interest to do so, and in
consultation with the Congress, our partners and allies, and other
stakeholders. I would work to rally allies such as the ROK to press
Beijing to raise its climate ambition significantly during this
critical period. I would also work with the ROK and other allies and
partners in the region to address the PRC's state-centered, non-market
trading practices.
Question. South Korea is a critical node in the global high tech
supply chain, particularly on manufacturing parts for advanced
semiconductor chips. As the Administration focuses on supply chain
diversification and boosting U.S. semiconductor manufacturing, do you
commit to ensuring the Administration take a holistic view of these
issues, and not isolate our allies and partners such as South Korea?
Answer. The ROK is an increasingly important partner on global
economic issues, including supply chain security. The United States and
the ROK are working together to diversify and secure our supply chains
in critical sectors, including semiconductors, high-capacity batteries,
pharmaceuticals, and critical minerals. Our recent experience during
the pandemic with semiconductor shortages has shown that strong and
resilient supply chains are critical to our economic security. Our two
countries have held several rounds of supply chain consultations,
including through the U.S.-ROK Senior Economic Dialogue and the
Department of Commerce-led Semiconductor Partnership Dialogue. If
confirmed, I would push to continue deepening U.S.-ROK supply chain
cooperation, particularly on semiconductors and critical and emerging
technologies.
Question. South Korea is a major importer of U.S. liquefied natural
gas (LNG). Before the Russian invasion of Ukraine, the Biden
administration demonstrated a lot of reluctance to work with Indo-
Pacific countries on natural gas issues--instead preferring renewables.
As U.S. Ambassador, will you commit to continue supporting U.S. LNG
exports to the ROK, and to support cooperation in natural gas issues in
general?
Answer. The ROK is our sixth-largest trading partner and an
important destination for U.S. auto, agriculture, and energy exports,
including LNG. Total U.S. goods exports increased 29 percent in 2021
(compared to 2020), a trend I would work to continue, if confirmed. I
would also support working with allies and partners in the Indo-Pacific
region to continue to support U.S. exports, including as appropriate
LNG, while also working to promote a clean energy transition in line
with our shared climate goals.
Question. If confirmed, what would you seek to accomplish in your
first 100 days as U.S. Ambassador?
Answer. The U.S.-ROK Alliance is the linchpin of peace, security,
and prosperity in the Indo-Pacific and beyond. If confirmed, my top
priority would be to deepen our cooperation on key regional and global
challenges, while ensuring our alliance remains ready to respond to any
threat to our shared security. In particular, I look forward to working
with President-elect Yoon to deepen cooperation on enhancing supply
chain resilience and further our joint efforts to combat the climate
crisis and COVID-19 pandemic. I would also ensure we continue to
coordinate closely with the ROK to address the threats posed by the
DPRK's WMD and ballistic missile programs and to advance our shared
objective of permanent peace and the complete denuclearization of the
Korean Peninsula.
Question. Many U.S. missions have been under enormous stress over
the last few years, in large part due to COVID. What is your
understanding of morale throughout Mission Seoul?
Answer. My understanding is that Mission Korea is a very sought-
after posting, with many officers returning for multiple tours
throughout their careers due to the strong U.S.-ROK Alliance and the
important work of Mission Korea in advancing U.S. policy goals. As I
have not yet had the opportunity to work in Mission Korea, I do not yet
know specifics, but as throughout much of the world, our employees in
the ROK have faced COVID-19 mitigation protocols, quarantine
requirements, and travel disruptions due to COVID-19 restrictions. This
has led to lower morale at many posts. If confirmed, I would prioritize
the health, safety, security, and morale of all employees in the
Mission.
Question. How do you intend to improve morale at Mission Seoul?
Answer. If confirmed, I look forward to working closely with
Mission Korea's senior leadership team to ensure mission morale is
strong and to understand and address any issues affecting morale. I
will also prioritize efforts to build resilience. COVID-19 caught the
world by surprise, and there was no exception for the Department of
State and its people. We have made substantial progress in providing
greater work flexibilities for our Mission employees and rolled out
situational telework policies to remain more agile than ever,
especially during the recent peak of the omicron wave in Korea. These
workplace flexibilities are not only good for the Mission, but they're
also good for our people. We are committed to maintaining not only a
flexible but also an inclusive workplace environment that puts the
safety and well-being of our teams first. I have previously led four
posts overseas as Chief of Mission, and two others as Charge
d'Affaires. I am proud of the high morale at all of these posts.
Question. How do you intend to create a unified mission and vision
at Mission Seoul?
Answer. If confirmed, I would start by listening to the experienced
staff and personnel already in Mission Korea to learn from their
experiences and perspectives, then work closely with my senior
leadership team to develop a shared vision of Mission priorities. I
would also clearly communicate the foreign policy priorities of the
Biden-Harris administration and facilitate structured, regularized
conversations across the Mission to ensure good communication and
coordination.
Question. Management is a key responsibility for Chiefs of Mission.
How would you describe your management style?
Answer. I believe in being an inclusive manager and encouraging
everyone to perform to the best of their abilities. Open communication
and active listening are a central part of my management style, and, if
confirmed, I look forward to learning from the experiences and
perspectives of the Mission Korea team.
Question. Do you believe it is ever acceptable or constructive to
berate subordinates, either in public or private?
Answer. I am strongly opposed to berating mission employees, either
in public or private. If confirmed, I would commit to treat all members
of the Mission Korea community with respect and dignity. When State
Department performance reviews are required, I always conduct them with
the goal of recognizing strong performance and helping every member of
the team realize his or her potential. Our people are our most
important asset, and if confirmed, I would do everything in my power to
support and encourage our personnel to be the best they can be.
Question. How do you envision your leadership relationship with
your Deputy Chief of Mission?
Answer. As an inclusive manager, if confirmed, I would strive to
build a close, consultative relationship based on mutual respect that
will empower my Deputy Chief of Mission (DCM) to ensure the smooth
functioning of Mission Korea. I have served as a DCM myself and worked
closely with many DCMs as a Chief of Mission. I would anticipate a
smooth, collaborative effort based on trust and shared goals.
Question. If confirmed, what leadership responsibilities do you
intend to entrust to your Deputy Chief of Mission?
Answer. If confirmed, I would rely on my DCM's knowledge of
Department policies and procedures to ensure that Mission Korea is
well-run and appropriately resourced to achieve our foreign policy
priorities. In addition, I would treat the DCM as an alter ego who
would be ready to take charge when I am away from post.
Question. In order to create and continue employee excellence at
the Department, accurate and direct employee evaluation reports (EERs)
for Foreign Service Officers are imperative, though often lacking. Do
you believe that it is important to provide employees with accurate,
constructive feedback on their performances in order to encourage
improvement and reward those who most succeeded in their roles?
Answer. We need to make sure we achieve the important work that the
American people have put us in Korea to do. If confirmed, I would be
forthright with my staff because honesty and transparency foster strong
relationships and help to establish clear performance expectations.
This means recognizing and rewarding those who are succeeding in their
roles, while providing constructive feedback and ensuring that all
employees have the opportunity to develop necessary skills and achieve
their potential. I would also seek out dissenting views and listen to
the experts, because that's how the best decisions are made. I always
welcome candid and open feedback from my staff. I hold myself and my
team to the highest standards and ensure we are accountable at all
levels.
Question. If confirmed, would you support and encourage clear,
accurate, and direct feedback to employees in order to improve
performance and reward high achievers?
Answer. We need to make sure we achieve the important work that the
American people have put us in Korea to do. If confirmed, I would be
forthright with my staff because honesty and transparency foster strong
relationships and help to establish clear performance expectations.
This means recognizing and rewarding those who are succeeding in their
roles, while providing constructive feedback and ensuring that all
employees have the opportunity to develop necessary skills and achieve
their potential. I would also seek out dissenting views and listen to
the experts, because that's how the best decisions are made. I welcome
candid and open feedback from my staff. I always hold myself and my
team to the highest standards and ensure we are accountable at all
levels.
Question. It is imperative that U.S. diplomats get outside of posts
abroad to meet with local actors, including host government officials,
non-government organizations, and fellow foreign diplomats stationed in
the Republic of Korea. In your opinion, do U.S. diplomats get outside
of our Embassy walls enough to accomplish fully their missions?
Question. Throughout my foreign service career, I have been
impressed by the commitment exhibited by colleagues who have strived to
develop a deep knowledge and understanding of the countries in which we
served. The most successful of these made it a priority to engage
directly with the community, learn the cultures, speak the host country
languages, and get to know a wide range of people. Such relationships
are critical to our work advancing U.S. priorities overseas and
managing bilateral ties. I would, if confirmed, travel around Korea and
do so myself.
Question. How do you intend to improve the ability of U.S.
diplomats to better access all local populations?
Answer. If confirmed, I would encourage members of the Mission
community to engage with host country nationals, particularly as COVID-
related restrictions recede. Whether through our seven American Spaces
in Seoul, Busan, Daegu, Gwangju, Pyeongtaek, Gangneung, and Jeju, or
our outreach through traditional and social media, or our educational
and cultural programming, we are committed to sustaining the strong
friendship of the Korean and American people that is our strongest
asset as we seek to advance shared interests within the ROK,
regionally, and globally.
Question. Public diplomacy is an important aspect of U.S. foreign
policy efforts. What is the public diplomacy environment like in the
Republic of Korea?
Answer. There is a vibrant and active public diplomacy environment
in the ROK. If confirmed, I would work to expand and strengthen the
already very strong people-to-people ties, which are deep and form the
basis of our alliance. These relationships have contributed to the
strong mutual trust between our governments and our close economic
ties. Both the Korean and American people strongly support the
alliance, allowing us to promote a broad range of interests based upon
or shared values of democracy, human rights, and the rule of law.
Question. What public diplomacy challenges do U.S. diplomats face
there?
Answer. The public diplomacy environment in the ROK is vibrant and
active. We are fortunate that U.S. diplomats do not face significant
challenges operating in the ROK. Our people-to-people ties are strong
and deep and form the basis of our alliance.
Question. How do you balance the importance of Main State versus
the in-country mission when it comes to tailoring public diplomacy
messages for foreign audiences?
Answer. If confirmed, I would work with the team at Mission Korea
to understand and protect the Mission's crucial role in formulating
public diplomacy programs and responses. The staff of Americans and
Koreans based at the Embassy in Seoul and the Consulate in Busan bring
an incredible range of expertise and local insight to the Mission. If
confirmed, I would ensure that our public diplomacy professionals in
Washington and Seoul continue to work closely together, and that we
draw on local expertise to ensure our global public diplomacy messages
are relevant and effective for our Korean audiences.
Question. ``Anomalous health incidents,'' commonly referred to as
``Havana Syndrome,'' have been debilitating and sidelining U.S.
diplomats around the world for years. They have caused serious,
negative consequences for U.S. diplomacy, yet many believe that the
Department is not doing enough to care for, protect, and communicate to
its personnel. If confirmed, do you commit to taking this threat
seriously?
Answer. I am deeply concerned by potential anomalous health
incidents affecting U.S. Government personnel and their family members.
These incidents affect the wellbeing of U.S. personnel serving their
country abroad and must be taken extremely seriously. In my current
position as U.S. Ambassador to Colombia, and previously as Charge
d'Affaires in Havana, I have made the health and safety of my staff my
top priority, including contributing to the extensive, ongoing
interagency investigation into the cause of these incidents and how we
can best protect our people. If confirmed, the health, safety, and
security of Embassy Seoul staff, their family members, and all those
supporting the Mission will be my highest priority.
Question. If confirmed, do you commit to talking as openly as you
can to Mission Seoul personnel?
Answer. In my current position as U.S. Ambassador to Colombia, and
previously as Charge d'Affaires in Havana, I have made the health and
safety of my staff my top priority. I believe strongly in direct and
open dialogue on all these issues. If confirmed, I would also commit to
ensuring all reported incidents at Embassy Seoul and Mission Korea are
treated seriously and quickly reported through the appropriate medical
and investigatory channels. I would ensure that any affected
individuals receive prompt access to treatment and medical care.
Moreover, that they receive our support and empathy. If confirmed, I
would also commit to work closely with medical staff and the RSO at
Embassy Seoul to discuss any past reported incidents, openly
communicate with Mission personnel, and ensure that all protocols are
being closely followed.
Human Rights, Democracy, and International Organizations
Question. In the State Department's 2021 Trafficking in Persons
Report, South Korea was on Tier 1 for meeting the minimum stands for
the elimination of human trafficking. However, South Korea needs to
improve its tracking of victims as well as increase sentences for
traffickers. If confirmed, how will you work with the Government to
improve its tracking of victims as well as its lax sentencing for
traffickers?
Answer. If confirmed, I would actively engage with the ROK
Government, advocates, and the private sector to address the concrete
recommendations laid out in the Department's Trafficking in Persons
Report and to build a more effective anti-trafficking strategy rooted
in equity.
Question. In the State Department's 2020 International Religious
Freedom report, South Korea was identified to have challenges in
regarding COVID-19 restrictions and religious freedom, in particular
with the Government's engagement with the Shincheonji Church Members.
If confirmed, how will you work to ensure that members of the
Shincheonji church have their freedom of worship protected?
Answer. The Governments of the United States and the Republic of
Korea share deeply rooted values including respect for human rights,
such as freedom of religion or belief; respect for the rule of law; and
a commitment to treat every person with dignity. We respect that the
ROK, as a vibrant democracy with an independent and strong judiciary,
has tools in place to pass laws and regulations that fairly protect its
people.
The Department of State monitors reports of discrimination against
members of religious groups worldwide. The United States continues to
support free religious expression, including during the COVID-19
pandemic. If confirmed, I would continue to encourage religious groups
and government authorities to work together to ensure respect both for
religious freedom as well as for public health guidelines.
Question. In the State Department's 2020 Human Rights Report, South
Korea was identified to have significant human rights issues including
restrictions of freedom of expression and in particular the
criminalizing of leaflets and other materials to North Korea. If
confirmed, how will you work to ensure that freedom of speech is
protected in particular to relation of activities related to sending
leaflets and other materials to North Korea?
Answer. As a global policy, we advocate for respect for human
rights and fundamental freedoms. The United States remains deeply
concerned about the human rights situation in the DPRK and supports the
free flow of information into, out of, and within the DPRK. It is
critical for the North Korean people to have access to fact-based
information that is not controlled by the DPRK Government.
If confirmed, I would continue to promote and support freedom of
expression around the world, including together with valued allies like
the Republic of Korea. I would also continue to work with partners in
the NGO and North Korean escapee community to raise awareness,
highlight abuses and violations, and promote respect for human rights
in the DPRK and North Koreans' access to information. I would engage
South Korean officials on the best legal and political practices for
doing so.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Philip S. Goldberg by Senator Edward J. Markey
Question. President-elect Yoon campaigned on a platform criticizing
the Moon Government for being insufficiently committed to North Korea's
denuclearization, and has proposed a conditioned approach based upon
North Korea's progress in denuclearizing. If confirmed, how would you
plan to work with the new South Korean Government to make progress on
diplomatic engagement with North Korea given this campaign platform?
Answer. The Biden administration has made clear that the DPRK's
recent unlawful and destabilizing ballistic missile launches have
consequences, that the international community will not accept these
actions as ``normal,'' and most importantly, that the only viable path
forward for the DPRK is through diplomacy. Our goal remains the
complete denuclearization of the Korean Peninsula. As we have
emphasized in our public statements, we have no hostile intent toward
the DPRK and remain open to meeting with them without preconditions.
However, we also have a responsibility to address the DPRK's continued
efforts to advance its unlawful WMD and ballistic missile programs,
including by implementing existing UNSC resolutions. If confirmed, I
would ensure we consult closely with President-elect Yoon's
administration and ROK leadership, as well as other allies and
partners, on how to best engage the DPRK. I would also work closely
with our Special Representative for the DPRK, Ambassador Sung Kim, and
our team in Washington.
Question. Despite this more hardline approach to North Korea,
President-elect Yoon has supported offering humanitarian assistance
without any linkages to talks over North Korea's nuclear or missile
programs. Under what conditions would the Biden administration support
a South Korean offer of large-scale humanitarian aid to North Korea?
Answer. Even while we condemn and take steps to address the DPRK's
unlawful nuclear and ballistic missile programs, we continue to support
international efforts to provide critical humanitarian aid to the DPRK
and encourage the DPRK to open its borders to both assistance and aid
workers. The DPRK Government bears responsibility for the humanitarian
crisis affecting the North Korean people, as it has continued to
exploit its own citizens and use its limited resources to finance
unlawful WMD and ballistic missile programs rather than invest in
economic development. If confirmed, I would work closely with
President-elect Yoon and his administration to ensure we are closely
aligned in our efforts to bring the DPRK to the negotiating table and
provide much needed humanitarian assistance to vulnerable North Korean
people.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Philip S. Goldberg by Senator Todd Young
Question. South Korea is a critical node in the global high tech
supply chain, particularly for advanced semiconductor chips. As
Congress works on supply chain diversification and boosting U.S.
semiconductor manufacturing, how do you view the role of South Korea in
securing emerging tech supply chains?
Answer. The Republic of Korea (ROK) is an increasingly important
partner on global economic security issues, including supply chain
security. The United States and the ROK are working together to
diversify and secure our supply chains in a number of priority sectors,
including semiconductors, high-capacity batteries, pharmaceuticals, and
critical minerals. Our recent experience with the pandemic and
semiconductor shortages has shown that strong and resilient supply
chains are critical to our economic security. Our two countries have
held several rounds of supply chain consultations, including through
the U.S.-ROK Senior Economic Dialogue and the Department of Commerce-
led Semiconductor Partnership Dialogue. We work closely with our Korean
counterparts to ensure we maintain our competitive edge in critical
technologies. If confirmed, I would push to continue deepening U.S.-ROK
supply chain cooperation, particularly on semiconductors and critical
and emerging technologies.
__________
Responses to Additional Questions for the Record Submitted
to Marc B. Nathanson by Senator Robert Menendez
Defense Policy
Question. Norway's Arctic Policy has expressed concern over
Russia's military modernization and increased activity in the north,
including Russia's new generation of strategic submarines.
As NATO's eyes in the north, and as a country sharing a 120 mile
long border with Russia, is there more that the United States
should be doing to show support for Norway and keep northern
sea routes open?
Answer. The United States and Norway have decades of close security
partnership and a shared commitment as NATO Allies to Transatlantic
security. NATO must address growing security challenges in the European
Arctic, where Allies have committed to bolstering NATO's deterrence and
defense. Allies exercise regularly in the Arctic with predictability
and transparency and will continue to do so. The U.S.-Norway
Supplementary Defense Cooperation Agreement, signed in April 2021, once
ratified, will allow the United States and Norway to deepen bilateral
security cooperation.
Arctic Sea Routes
Question. How do you assess the impact that melting ice is having
on development of the Northeast Passage? How should the U.S. and Norway
be working to mitigate risks posed by possible increased transport
activity by the Russians and Chinese?
Answer. In the Arctic, climate change has increased the
geopolitical importance of the region and prompted increased activity,
including Russian efforts to significantly rebuild its military
presence in the Arctic. The United States has objected to Russia's
unlawful attempts to regulate the Northern Sea Route. Strategic rivals
have also raised their level of activity, research, and investment in
the region. The United States will continue to seek an Arctic region
that remains peaceful, stable, open, and cooperative. If confirmed, I
will work with Norwegian counterparts to ensure U.S. and Norwegian
policies toward the Arctic remain closely coordinated.
European Energy Security
Question. Norwegian oil and gas fields are currently pumping at 100
percent capacity. However, Norwegian companies have pledged to export
more gas to Europe this summer.
What role do you think Norway can play in helping to wean Europe
off of Russian fossil fuels?
Answer. Norway is a responsible and reliable energy producer,
supplying almost one quarter of Europe's total natural gas demand.
Norway increased natural gas production for the winter season in late
2021 and extended the elevated production levels through summer 2022.
The Norwegian Government also seeks to support Europe's energy
transition, including by providing carbon capture and storage, offshore
wind, and hydrogen solutions. If confirmed, I will work with Norwegian
officials and industry to strengthen European energy security further.
Anomalous Health Incidents
Question. I am very concerned about directed energy attacks on U.S.
Government personnel (so-called Anomalous Health Incidents). Ensuring
the safety and security of our personnel abroad falls largely on
individual Chiefs of Mission and the response of officers at post. It
is imperative that any individual who reports a suspected incident be
responded to promptly, equitably, and compassionately.
Do you agree these incidents must be taken seriously, and pose a
threat to the health of U.S. personnel?
Answer. Yes. If confirmed, the health and security of the people
working at Mission Norway will be my top priority. Secretary Blinken
prioritizes the Department's response to anomalous health incidents,
setting clear goals for the Health Incident Response Task Force to
strengthen the Department's communication with its workforce and
providing care for affected employees and family members.
Question. If confirmed, do you commit to ensuring that any reported
incident is treated seriously and reported quickly through the
appropriate channels, and that any affected individuals receive prompt
access to medical care?
Answer. Yes. If confirmed, I will do everything possible to ensure
employees who report a possible anomalous health incident receive
immediate and appropriate attention and care and the incident is
reported through appropriate channels.
Question. Do you commit to meeting with medical staff and the RSO
at post to discuss any past reported incidents and ensure that all
protocols are being followed?
Answer. Yes. If confirmed, I will take nothing more seriously than
the health and security of the people who work with me. I commit to
working with health and security officials as well as other parties as
recommended.
__________
Responses to Additional Questions for the Record Submitted
to Marc B. Nathanson by Senator James E. Risch
NATO
Question. Norway is a founding member of NATO and serves an
important role in the alliance as a hub for NATO equipment and
resources. As NATO looks to the future with the drafting of the new
Strategic Concept and possible expansion of the alliance, we need to
consider where Norway's specific assets and capabilities can be best
developed and utilized.
Norway has announced a temporary increase in its defense spending
for this year in response to increased aggression from Russia.
How will you work with Norway to ensure their defense spending
is used to maximum effect and remains compatible with NATO
objectives?
Answer. Norway is a staunch and actively-engaged NATO Ally.
Norwegian leaders have committed to spending two percent of GDP on
defense to fulfill Norway's Wales Pledge commitments by 2024 and will
continue spending at least 20 percent of defense spending on
modernizing major equipment, in line with their NATO Capability
Targets. Norway and the United States enjoy a close and effective
security relationship. I am pleased that Norway operates both P-8A
maritime patrol aircraft, which they received in February 2022, and the
F-35 platform. If confirmed, I will encourage Norway to continue
investing in the capabilities, readiness, and force generation needed
to maintain a credible defense and deterrence posture and fulfill NATO
missions and operations.
Nuclear
Question. Nuclear disarmament and observation of the Treaty on the
Prohibition of Nuclear Weapons are policy priorities for Norway, making
them the first NATO nation to move toward denuclearization.
Do you believe that a policy of nuclear disarmament in a NATO
nation threatens the security of the alliance?
Answer. Norway has clearly stated that it will not sign the Treaty
on the Prohibition of Nuclear Weapons, as it is inconsistent with
Norway's NATO obligations. As a member of the NATO Alliance, Norway is
committed to ensuring that NATO's nuclear deterrent aligns with the
realities of the current security environment and remains safe, secure,
and effective. Norway supports the global nonproliferation regime
through participation in a variety of multilateral organizations.
Question. How will you discuss the issue of nuclear weapons with
the Norwegian Government?
Answer. Norway has a longstanding policy prohibiting nuclear
weapons on Norwegian soil. Norwegian leaders have also continually
reaffirmed NATO's status as a nuclear Alliance. Norway and the United
States share a goal of promoting tangible, verifiable measures to
reduce strategic risk and create an environment for nuclear
disarmament, which I will continue to promote if confirmed.
Arctic
Question. As a member of the Arctic Council, Norway has specific
interests in the future of Arctic issues including security, the
environment, trade, and resource extraction.
Given the Department has an Arctic Coordinator, but not an Arctic
Ambassador, what role do you see yourself playing in U.S.-
Norway relations regarding the Arctic?
Answer. The Arctic is a strategic priority for Norway and the
United States. Norway will assume the chair of the Arctic Council in
May 2023. If confirmed, the Arctic will be one of my highest priorities
and I plan to visit the region early in my tenure. I will work with
Norwegian and State Department counterparts to ensure U.S. and
Norwegian policies toward the Arctic remain closely coordinated.
Energy
Question. Europe is facing energy shortages as countries attempt to
curtail imports from Russia. Norway is a major producer and supplier of
oil and natural gas to Europe.
How will you work with Norway to increase its energy capacity and
support a solution Europe's energy shortage, in both the short
term and the long term?
Answer. Norway is a responsible and reliable producer, supplying
almost one quarter of Europe's total natural gas demand. Companies
operating on the Norwegian Continental Shelf, with the Government's
approval, increased gas production for the winter season in late 2021
and extended the elevated production levels through summer 2022. In the
longer term, the Norwegian Government also seeks to support Europe's
energy transition, including by providing carbon capture and storage,
offshore wind, and hydrogen solutions. If confirmed, I will work with
Norwegian officials and industry to strengthen European energy security
and reduce dependence on Russian gas, as well as to facilitate the
green transition.
Revised Reponse (received April 26, 2022.) Norway is a responsible
and reliable energy producer, supplying almost one quarter of Europe's
total natural gas demand. Companies operating on the Norwegian
Continental Shelf, with the Government's approval, increased gas
production for the winter season in late 2021 and have extended the
elevated production levels through summer 2022. Norway's LNG terminal
will resume operations in May and a gas pipeline to Poland will be
operational later in 2022. For the medium term, Norway announced plans
in March to offer new licenses for oil and gas exploration. Over the
longer term, Norway is developing technology that could help Europe
diversify its energy portfolio and reduce reliance on Russian gas,
including through offshore wind and hydrogen. If confirmed, I will work
with Norwegian officials and industry to strengthen European energy
security and reduce dependence on Russian oil and gas.
China
Question. The expansion of malign Chinese influence is a challenge
we will have to confront in the short and long term, alongside other
global challenges that arise.
As Ambassador, how would you work with Norway's Government to
confront malign Chinese influence in its Government, economy,
and other institutions at the international, national and
subnational level?
Answer. Norway and the United States share democratic values. We
cooperate through numerous forums to uphold our shared interests and
values and hold governments accountable. Norwegian officials have
spoken publicly concerning human rights abuses in the People's Republic
of China (PRC), including in Xinjiang, Hong Kong, and Tibet. Norway is
also a firm supporter of the rules-based international trading system.
If confirmed, I look forward to working with Norwegian officials,
including those working in U.N. institutions, the business community,
and civil society on this important issue. I will also work to increase
U.S. trade with Norway to counterbalance the PRC's desire for greater
influence in the region. I will apprise Norwegian counterparts of risks
associated with investments in critical infrastructure and sensitive
sectors by untrusted vendors, including those associated with the PRC,
and on the importance of supply chain due diligence by companies. The
United States works with Norway and other allies and partners to
monitor PRC activities in the Arctic. If confirmed, I will seek
opportunities to strengthen our cooperation with Norway and engage with
the Norwegian Government and regional leaders to ensure they remain
clear-eyed with regards to PRC influence.
State Department Management and Public Diplomacy
Question. Many U.S. missions have been under enormous stress over
the last few years, in large part due to COVID.
What is your understanding of morale throughout Mission Oslo?
Answer. Mission Norway faced challenges posed by COVID-19 and
travel restrictions during much of the pandemic. I am grateful for the
employees' continued service during this challenging time. If
confirmed, I have no higher priority than the health and safety of the
personnel and family members of Mission Norway. I look forward to
working with the talented team of locally employed staff, U.S. Direct
Hires, and their families. I will ensure everyone in the mission
understands they have my support.
Question. How do you intend to improve morale at Mission Oslo?
Answer. If confirmed, I will ensure everyone on my team is treated
professionally, their rights are respected, they are safe and secure,
and they have the resources necessary to perform their jobs. I plan to
meet with as many individuals in the mission as possible in my first 90
days to listen and learn from them on how to improve morale at Embassy
Oslo. We are all one team working to further the U.S.-Norwegian
relationship and the interests of the United States and the American
people.
Question. How do you intend to create a unified mission and vision
at Mission Oslo?
Answer. If confirmed, I look forward to ensuring open communication
across U.S. Embassy Oslo. We are all one team working to further the
U.S.-Norwegian relationship and the interests of the United States and
the American people. The Embassy is committed to a diverse and
inclusive workforce that fully represents and supports many different
cultures, backgrounds, and perspectives to provide a productive
workplace for all people from all walks of life. If confirmed, I will
work with the team to maximize innovation and effectiveness.
Management is a Key Responsibility for Chiefs of Mission
Question. How would you describe your management style?
Answer. Our employees are our most important asset. If confirmed, I
am committed to listening to all employees, including locally employed
staff, U.S. Direct Hires, and family members. I always seek to create
space for open dialogue and diversity of thought. I am committed to
professional development and believe in setting high standards. I will
foster an environment of respect as Mission Norway carries out
important work on behalf of the American people.
Question. Do you believe it is ever acceptable or constructive to
berate subordinates, either in public or private?
Answer. No. It is never acceptable to berate or yell at employees
in public or in private. If confirmed, I will treat all members of
Mission Norway professionally and with respect.
Question. How do you envision your leadership relationship with
your Deputy Chief of Mission?
Answer. If confirmed, I will work to foster a close and productive
relationship with the Deputy Chief of Mission (DCM). Together, we will
advance U.S. priorities in Norway, including protecting the safety and
security of Americans, advancing shared security and global norms, and
increase energy, environment, and investment cooperation with a focus
on the green transition. We will also work together to help employees
grow and advance.
Question. If confirmed, what leadership responsibilities do you
intend to entrust to your Deputy Chief of Mission?
Answer. If confirmed, I will consult closely with the Deputy Chief
of Mission on the full range of issues at Mission Norway and I will
value her institutional knowledge and perspective. If confirmed, I will
entrust the DCM with responsibility for the day-to-day operations of
the Mission, and the DCM should keep abreast of policy issues to be
able to serve as Charge d'Affaires in my absence.
Question. In order to create and continue employee excellence at
the Department, accurate and direct employee evaluation reports (EERs)
for Foreign Service Officers are imperative, though often lacking.
Do you believe that it is important to provide employees with
accurate, constructive feedback on their performances in order
to encourage improvement and reward those who most succeeded in
their roles?
Answer. Yes, I believe it is important to provide employees with
timely, accurate, and constructive feedback on their performance not
only during annual evaluations but throughout the year.
Question. If confirmed, would you support and encourage clear,
accurate, and direct feedback to employees in order to improve
performance and reward high achievers?
Answer. Yes, if confirmed, I would support and encourage clear,
accurate, and direct feedback. I believe clear and open communication
fosters professional growth.
Question. It is imperative that U.S. diplomats get outside of posts
abroad to meet with local actors, including host government officials,
non-government organizations, and fellow foreign diplomats stationed in
the Kingdom of Norway.
In your opinion, do U.S. diplomats get outside of our Embassy walls
enough to accomplish fully their missions?
Answer. From what I have seen of Department and Embassy operations
overseas, U.S. diplomats have done a remarkable job getting outside our
Embassy walls to advance U.S. objectives by meeting local actors in
diverse settings and environments. The COVID-19 pandemic has been a
challenge for U.S. diplomats to travel and engage face-to-face with
host country nationals, but as conditions improve and Norway has
relaxed pandemic restrictions, I understand that our diplomats in Oslo
have resumed in-person engagements and programs. I firmly believe it is
imperative that U.S. diplomats get outside the Embassy to meet with
local citizens, including host government officials and non-
governmental organizations. If confirmed, I plan to personally visit
all regions of Norway.
Question. How do you intend to improve the ability of U.S.
diplomats to better access all local populations?
Answer. If confirmed, I will make it a priority to engage audiences
throughout Norway to exchange ideas and hear their views and to promote
our shared goals. I will also support the strong academic, cultural,
and professional exchanges the United States has with the people of
Norway, especially youth. If confirmed, I will work with my Embassy
team to continue leveraging relationships with the media, cultural and
educational exchange organizations, and individuals to expand the
people-to-people bonds that are the foundation of our strong bilateral
relationship.
Question. Public diplomacy is an important aspect of U.S. foreign
policy efforts
What is the public diplomacy environment like in the Kingdom of
Norway?
Answer. The deep cultural, familial, and economic connections
between the United States and Norway have enabled Embassy Oslo to
leverage public diplomacy tools to promote U.S. policy goals. The
public diplomacy environment in Norway is generally very welcoming, and
Norway benefits from strong interest in U.S. culture and direct news
exposure.
Question. What public diplomacy challenges do U.S. diplomats face
there?
Answer. The COVID-19 pandemic made traveling and face-to-face
engagement with Norwegians difficult, but today our diplomats in Oslo
are again able to have in-person engagements. Public opinion of the
United States is largely tied to perceptions of the current U.S.
administration and can vacillate significantly depending on views of
the president in power. While older Norwegians feel close direct ties
to the United States, due to familial ties and gratitude for the role
the United States played in liberating Europe during WWII, polling has
shown Norwegian youth to be more skeptical of the United States. In
particular, young Norwegians question if the United States shares their
commitment to social justice issues and the environment. To keep our
alliance strong for the generations to come, we must ensure all
Norwegians see the United States as their partner in building the
better world they want to see. If confirmed, I will work with my
Embassy team to leverage relationships with the media, cultural and
exchange organizations, and individuals to expand the people-to-people
bonds that are the foundation of our strong bilateral relationship.
Question. How do you balance the importance of Main State versus
the in-country mission when it comes to tailoring public diplomacy
messages for foreign audiences?
Answer. We are all one team working to advance the bilateral
relationship and the interests of the United States and the American
people. If confirmed, I will leverage public diplomacy to enhance
security cooperation, strengthen collaboration on Arctic and climate
issues, expand economic and trade relations, and deepen people-to-
people ties. I will work to counter adverse influence and mis- and
disinformation with the variety of engagements at our disposal,
including speaking with traditional media, communication via social
media, through outreach and personal interactions, and through a
variety of public diplomacy programming. This is a field I have been
actively engaged in for over thirty years. If confirmed, I will work
with the public diplomacy team at Embassy Oslo to continue a robust
public diplomacy strategy and tailor messaging in a way that is most
appropriate for the Norwegian public.
``Anomalous health incidents,'' commonly referred to as ``Havana
Syndrome,'' have been debilitating and sidelining U.S. diplomats around
the world for years. They have caused serious, negative consequences
for U.S. diplomacy, yet many believe that the Department is not doing
enough to care for, protect, and communicate to its personnel.
Question. If confirmed, do you commit to taking this threat
seriously?
Answer. Yes. I am deeply troubled by potential anomalous health
incidents that have affected U.S. Government personnel and their family
members. Serving one's country overseas should not come at the cost of
one's health. I agree that such incidents may pose a threat to the
wellbeing of U.S. personnel and must be taken extremely seriously. If
confirmed, the health, safety, and security of Embassy Oslo staff,
their family members, and all those supporting the Mission will be my
highest priority
Question. If confirmed, do you commit to talking as openly as you
can to Mission Oslo personnel?
Answer. Yes. If confirmed, I commit to maintaining open
communication and ensuring that all reported potential anomalous health
incidents are given serious attention and reported swiftly through the
appropriate channels.
Human Rights, Democracy, and International Organizations
Question. In the State Department's 2021 Trafficking in Persons
Report, Norway was identified as tier 2 for continued failure to
convict more traffickers, utilize appropriate national referral
mechanism, and continued lack of anti-trafficking efforts writ large
within the Government's demonstrated capacity. How will you work with
Norway to address these issues if you are confirmed as Ambassador?
If confirmed, please describe how you will bolster these efforts in
conjunction with the Ambassador-at-Large?
Answer. Norway was downgraded to Tier 2 in the State Department's
2021 Trafficking in Persons Report. The report found that the
Government does not fully meet the minimum standards for the
elimination of trafficking but is making significant efforts to do so.
If confirmed, I will engage with U.S. and Norwegian authorities and
encourage the Norwegian Government to make progress in combating
trafficking in persons and address the recommendations in the
Trafficking in Persons Report.
Question. In your opinion, what do you believe is the biggest
obstacle to improving Norway's anti-trafficking response?
Answer. According to the State Department's Trafficking in Persons
Report, the biggest obstacles are prosecutions and convictions and
unreliable victim identification and assistance data. During the
reporting period in question, the Government did not report any
trafficking prosecutions, reported only one convicted trafficker, and
continued to charge traffickers with non-trafficking crimes. For the
fourth consecutive year, the Government did not report an official
number of identified and assisted victims. The U.S. Government
continues to work with the Norwegian Government to address these
concerns. If confirmed, I will work with the Ambassador-at-Large to
engage with Norwegian authorities and encourage the Government to make
progress in combating trafficking in persons and address the
recommendations in the Trafficking in Persons Report.
Question. In the State Department's 2020 International Religious
Freedom report, Norway experienced a small decline in religiously-
motivated hate crimes after a period of increase. The U.S. Embassy
noted its routine efforts to promote inter-faith dialogue and value in
interacting with different members of religious communities. What is
your assessment of this particular issue and if confirmed, how will you
work with the Ambassador-at-Large to bolster religious freedom in-
country?
Answer. Norwegian law prohibits religious discrimination and
protects the right to choose, practice, or change one's faith or life
stance. If confirmed, I will support efforts to promote inter-faith
dialogue and I will meet with members of different religious
communities in Norway. I will also advocate for religious freedom for
members of all religious groups and work with the Ambassador-at-Large,
the Norwegian Government, and NGO partners to promote religious
freedom.
Question. In the State Department's 2020 Human Rights Report,
Norway was described as having no significant human rights abuses.
However, there is always room for improvement.
How will you direct your Embassy to work with civil society
organizations?
Answer. If confirmed, I will work with civil society to advanced
shared values, including respect for human rights. Norway is a strong
advocate for addressing global issues in multilateral fora, including
on the U.N. Security Council. I will work to leverage our strong
relationship and shared values and utilize public diplomacy tools to
promote the international rules-based order and bolster human rights.
Norway and the United States have worked together around the world to
foster respect for human rights. If confirmed, I will continue to
promote these joint relationships.
__________
Responses to Additional Questions for the Record Submitted
to Marc B. Nathanson by Senator Edward J. Markey
Question. The United States and Norway have long shared a thriving
relationship based on common goals and values. One of those goals is
the dire need to combat climate change, a goal which the United States
and Norway partner on achieving through the expansion of the use of
clean energy technology and through the expansion of the use of
renewable technology. Most recently, Norwegian officials have expressed
increasing concern regarding the negative effects of climate change,
especially in the Arctic.
Where do opportunities exist for greater cooperation for the United
States and Norway to work together when it comes to combatting
climate change?
Answer. The United States and Norway can work together both
bilaterally, such as in increasing offshore wind production and
cooperating on carbon capture research, and globally through aligning
priorities to support other countries in the green transition. Norway
is a leader in combatting the climate crisis globally and devotes
significant resources to domestic green technology and assistance to
developing nations' climate mitigation and adaptation efforts. In
November, Norway committed to doubling its climate financing and joined
the Global Methane Pledge. Norway also co-chairs the High Level Panel
for a Sustainable Ocean Economy to ensure sustainable ocean management.
The United States joined the Panel in 2021. If confirmed, I will
prioritize combatting the climate crisis and will work closely with
Norwegian counterparts to advance shared goals.
Question. Norway has a small but growing wind energy profile. Is
there a way to work together to develop cutting edge off shore wind
turbines and technologies?
Answer. Yes. Norwegian companies have invested in offshore wind
projects in the eastern United States and are interested in west coast
opportunities as well. These partnerships can help bring Norwegian
technology and experience to support U.S. targets for renewable wind
power production. This collaboration will contribute to climate
objectives while creating jobs.
Question. Are there other opportunities for greater cooperation on
climate, particularly in the Arctic?
Answer. Yes. The United States and Norway work closely on climate
issues and have opportunities to deepen cooperation, including working
together to achieve zero-emission transportation at sea and aligning
climate financing objectives. Our scientists collaborate on research
relating to climate change and sustainability challenges in the Arctic,
including for decades through the Arctic Council's working groups.
Furthermore, Norway is investing in renewable energy and technologies
to lower emissions, including carbon capture and storage, hydrogen, and
offshore wind, which are all opportunities for collaboration. If
confirmed, I will work closely with Norwegian counterparts to combat
the climate crisis with particular attention to the Arctic.
__________
Responses to Additional Questions for the Record Submitted
to MaryKay Loss Carlson by Senator Robert Menendez
Question. Where do you think the biggest opportunities are to
deepen our alliance?
Answer. The ironclad partnership between the Philippines and the
United States has, throughout our long, shared history, contributed to
peace, stability, and prosperity in the Indo-Pacific region. As we mark
more than 75 years of diplomatic relations, I would, if confirmed,
continue to deepen the roots of our longstanding friendship and people-
to-people ties, position our alliance to face new challenges, expand
U.S. trade and investment, promote respect for human rights, and
support multiparty democracy, the rule of law, and good governance.
Question. With a change in presidential administrations in Manila
in the next several months, what opportunities exist for the United
States to engage with Manila more effectively to assure that these
issues are addressed and that our alliance can be said to be one
animated as much by shared values as shared interests?
Answer. If confirmed, I look forward to working with the new
democratically elected Government in the Philippines. I would closely
engage with top Philippine leadership to ensure utmost coordination in
matters of mutual concern.
Our alliance is irreplaceable and foundational to our strategic
interests in the Indo-Pacific. If confirmed, I would work to ensure our
security cooperation continues to help the Philippine military and law
enforcement bodies combat terrorism, transnational crime, and violent
extremism. I would continue U.S. efforts to urge the Philippine
Government to conduct all law enforcement operations in accordance with
the rule of law and consistent with its international human rights
obligations, and I would urge the Government to conduct thorough,
transparent investigations into all suspected unlawful killings, and to
hold accountable those who are responsible. I would also work to
strengthen the Administration of justice and support Philippine human
rights defenders and civil society, and encourage respect for freedom
of expression, including for members of the press.
Among the values our two democracies share is the respect for
international law, which underpins freedoms of navigation and
overflight, unimpeded lawful commerce, and the peaceful resolution of
disputes in the South China Sea and around the world. If confirmed, I
would continue our efforts to bolster Philippine capabilities that
enhance maritime domain awareness and enable it to counter coercive
activity in its Exclusive Economic Zone and other areas.
Finally, I would support reforms that enhance transparency, assure
labor rights protections, boost beneficial trade and investment between
our two countries, and increase cooperation to ensure resilient supply
chains. I would promote an economic partnership that engages the U.S.
and Philippine private sectors to invest in climate action and support
low-carbon energy security.
Question. How do you think the United States and the Philippines
can work together to press back on China's unlawful and destabilizing
actions, ranging from illegal and unlawful fishing and the destruction
of fragile marine ecosystems up to the potential that China might seek
to seizing Filipino territory?
Answer. The Philippines is one of the states most affected by the
PRC's expansive maritime claims in the South China Sea. PRC activities
in the South China Sea are inconsistent with international law,
threatening Philippine livelihoods, food security, biodiversity, and
energy security. Both the United States and the Philippines have a
clear national interest in preserving unimpeded lawful commerce,
respect for international law, including freedoms of navigation and
overflight, and other lawful uses of the sea, and the peaceful
resolution of disputes in the South China Sea.
If confirmed, I would continue to push whole-of-government U.S.
efforts to bolster Philippine capacity for maritime domain awareness in
the South China Sea, including through improving the capacity of the
Philippine Coast Guard. I would also encourage regular communication
and coordination with the Philippines to address PRC provocations in
the South China Sea. If confirmed, I would support joint maritime or
naval operations anywhere in the Pacific, the South China Sea included,
to fully demonstrate the range of our friendship and alliance with the
Government of the Philippines, including our commitments under the 1951
Mutual Defense Treaty, and to demonstrate the range of our mutual
defense capabilities.
Question. I am very concerned about directed energy attacks on U.S.
Government personnel (so-called Anomalous Health Incidents). Ensuring
the safety and security of our personnel abroad falls largely on
individual Chiefs of Mission and the response of officers at post. It
is imperative that any individual who reports a suspected incident be
responded to promptly, equitably, and compassionately. Do you agree
these incidents must be taken seriously, and pose a threat to the
health of U.S. personnel?
Answer. I share your concern and am deeply troubled by potential
anomalous health incidents that have affected U.S. Government personnel
and their family members. Our embassies overseas are more than places
of work; they are communities of people. I would have no higher
priority, if confirmed as ambassador, than the health, safety, and
security of our people overseas. Serving one's country should not come
at the cost of one's health. I firmly agree that we must take these and
other threats to health and safety seriously. I would be honored to
take on this responsibility.
Question. If confirmed, do you commit to ensuring that any reported
incident is treated seriously and reported quickly through the
appropriate channels, and that any affected individuals receive prompt
access to medical care?
Answer. I wholeheartedly commit to ensuring that that all reported
health-related incidents are given serious attention and reported
swiftly through the appropriate channels. If confirmed, I will also
ensure that staff who are affected by these incidents receive prompt
access to the treatment, support, and medical care that they need.
Question. Do you commit to meeting with medical staff and the RSO
at post to discuss any past reported incidents and ensure that all
protocols are being followed?
Answer. If confirmed, I commit to meeting with medical staff and
the RSO at Embassy Manila to discuss any reported anomalous health
incidents. I would work closely with medical and other professionals to
protect the safety of U.S. Embassy Manila staff and ensure that all
protocols regarding anomalous health incidents are followed
appropriately.
__________
Responses to Additional Questions for the Record
Submitted to MaryKay Loss Carlson by Senator James E. Risch
Question. What is the strategic importance of the Philippines to
the United States?
Answer. The Philippines is one of our most strategically important
allies in the Indo-Pacific. Our alliance with the Philippines is
irreplaceable and foundational to our security and other interests in
the region, contributing to peace, stability, and prosperity in the
Asia-Pacific region for more than seven decades. The Mutual Defense
Treaty and other bilateral defense agreements we have with the
Philippines enable critical U.S. military support, presence, and
interoperability in the Philippines and in the region. Both the United
States and the Philippines have a clear national interest in preserving
unimpeded lawful commerce, respect for international law--including
freedoms of navigation and overflight--and other lawful uses of the
sea, and the peaceful resolution of disputes in the South China Sea.
Through the U.S.-Philippine alliance, our two countries work together
to safeguard a resilient, prosperous, and secure Indo-Pacific.
Question. How have the United States and the Philippines benefitted
from cooperation between the U.S. military and the Armed Forces of the
Philippines?
Answer. The long-standing, ironclad alliance between the
Philippines and the United States has contributed to peace, stability,
and prosperity in the Asia-Pacific region for more than seven decades.
Cooperation between the U.S. military and the Armed Forces of the
Philippines plays a key role in our bilateral ties. U.S. reliability as
an ally has been established over decades under the Mutual Defense
Treaty, which was signed in 1951. That treaty and Visiting Forces
Agreement and the Enhanced Defense Cooperation Agreement provide the
foundation for the continuing strong defense relationship that enables
critical U.S. military support, presence, and interoperability.
Together, these agreements facilitate the rotational presence of U.S.
forces in the Philippines, expand opportunities for bilateral training,
support the long-term modernization of the Armed Forces of the
Philippines, and augment the United States' ability to provide rapid
assistance in the Philippines in cases of natural disasters. Our long-
standing defense and security cooperation with the Armed Forces of the
Philippines also supports our bilateral and multilateral efforts to
uphold the rules-based order in the South China Sea that protects the
rights, freedoms, and lawful uses of the sea guaranteed to all nations.
Question. Do you think membership in the TPNW is compatible with
being a U.S. security ally, given the role of extended deterrence in
U.S. security policy in the Indo-Pacific?
Answer. I understand concerns that the Treaty on the Prohibition of
Nuclear Weapons (TPNW) may reinforce divisions that hinder the
international community's ability to work together to address pressing
proliferation and security challenges. The Treaty is incompatible with
a reliance by allies and partners on U.S. extended deterrence in that
it risks negatively affecting nuclear deterrence, extended nuclear
deterrence, and our security relationships. It remains to be seen how
TPNW states parties will interpret and implement many of the treaty's
provisions and how this might impact their security relationships with
nuclear weapon states.
Question. What message will you deliver to the Philippine
Government on the TPNW?
Answer. The United States has stated that the Treaty on the
Prohibition of Nuclear Weapons (TPNW) risks negatively affecting
nuclear deterrence, extended nuclear deterrence, and our security
relationships. We have noted our concerns to those allies and partners
who have expressed an interest in the TPNW, including its state
parties.
Question. When it comes to the Philippines, what are your greatest
concerns about China?
Answer. The Philippines shares our concerns about provocative and
unlawful behavior by the PRC in the region. Yet, like the United
States, the Philippines also has economic ties to China and a strong
interest in maintaining constructive engagement, where possible. It is
not U.S. policy to disrupt lawful international trade, nor are we
asking the Philippines, or any other country, to choose sides between
the United States and PRC. As friends, partners, and allies we can work
together to engage Beijing from a position of strength.
The PRC's increased maritime assertiveness in the South China Sea
presents a major challenge for the region and for U.S. policy in
Southeast Asia. PRC provocations in the South China Sea threaten
Philippine livelihoods, food security, biodiversity, and energy
security. The United States and the Philippines share a mutual interest
in maintaining peace and stability, unimpeded lawful commerce, and
respect for international law, including freedoms of navigation and
overflight and other lawful uses of the sea in the South China Sea.
Question. If confirmed, what would you do to ensure that the United
States advances a robust trade and economic agenda with the Philippines
and in the broader Indo-Pacific region?
Answer. economic agenda and build on those successes. The United
States is among the Philippines' top three trading partners, and the
Philippines is the United States' 31st largest goods trading partner--
with $23.3 billion in total (two-way) goods trade during 2021--up
nearly 25 percent from 2020. This strong bilateral economic
relationship coupled with the Philippines' indispensable role as one of
our most important allies and partners in the Indo-Pacific provides the
foundation for us to deepen our trade and investment ties. If
confirmed, I would work closely with my colleagues in USTR and other
relevant agencies to promote the Administration's trade policy agenda,
which benefits American workers and enhances U.S. competitiveness in
our economic relationship with the Philippines, as well as throughout
the Indo-Pacific.
Question. I have heard consistent feedback from Indo-Pacific allies
and partners that the Indo-Pacific Economic Framework (IPEF) leaves a
lot to be desired--especially since there is no market access
component. What is your understanding of what IPEF seeks to achieve?
Answer. As President Biden announced at the East Asia Summit, the
United States is developing the Indo-Pacific Economic Framework (IPEF)
to deepen economic relations in the region and coordinate approaches to
addressing global economic challenges. If confirmed, I will work
closely with USTR, the Department of Commerce, and other agencies in
the context of the framework to promote trade; secure supply chains;
strengthen the digital economy; expand cooperation on infrastructure,
clean energy, and decarbonization; and seek tax and anticorruption
reforms.
Question. Without market access, what incentive do our partners
have to cooperate through IPEF?
Answer. I understand the Administration continues to engage with
Indo-Pacific partners as it develops the Indo-Pacific Economic
Framework; however, I do not have specific information to share
regarding the framework's components. If confirmed, I will work closely
with USTR, the Department of Commerce, and other agencies to advance
the framework and deepen our bilateral trade and investment ties with
the Philippines.
Question. The Philippines has a growing natural gas market and
demand for natural gas to satisfy its energy needs. The Philippines is
looking to engage with the U.S. on this issue, but so far the
Administration has not shown openness to such engagement. Do you commit
to advocating for engagement with the Philippines on natural gas
issues?
Answer. If confirmed, I will lead our team to engage fully with the
Philippines to support their efforts to secure necessary resources to
meet today's energy needs, while helping them plan to reduce reliance
on fossil fuels into the future, to increase energy security, and
support efforts to combat the climate crisis. I understand the
Philippines faces a looming energy crisis as its major gas field--
Malampaya--could be depleted by 2027. The Philippines is considering a
wide range of options to address this issue and is working with the
United States to promote the market conditions and attract finance to
support the Philippines in its energy transition and decarbonizing key
industries. If confirmed, I would continue to deepen and strengthen our
engagements with the Government of the Philippines on energy security,
which is in the national interest of both our countries.
Question. Do you commit to ensuring the Biden administration's
focus on climate does not ignore the Philippines' legitimate energy
goals and needs, especially in the near-term?
Answer. If confirmed, I would commit to ensuring that our
engagements with the Philippines on energy issues supports near-term
energy needs given the current energy system, while investing in the
transformation necessary to achieve long-term energy security and
climate goals, which are consistent with one another.
Question. If confirmed, what would you seek to accomplish in your
first 100 days as U.S. Ambassador?
Answer. If confirmed, I would seek to implement a 100-day plan that
focuses on the mutual benefits that accrue to our countries as friends,
partners, and allies. I would look to deepen the roots of the
longstanding friendship and people-to-people ties between the United
States and the Philippines through appropriate press engagements,
encounters with alumni of U.S. Government programs, meetings with civil
society groups, and outreach on social media. To foster stronger
alliance ties, I would look to focus initial engagements on ways to
upgrade and modernize our alliance to meet regional and global
challenges. To promote our partnership, I would engage with a wide
array of stakeholders to expand U.S. trade and investment and bolster
economic development. Underpinning all of these efforts would be strong
support for the values we share as democracies--the promotion of human
rights, freedoms of speech and press, and support the rule of law and
good governance.
If confirmed, I would rely on our talented Embassy team to guide
me. I would seek their views to help craft the specifics of an action
plan for my first 100 days as U.S. Ambassador to the Philippines that
supports my goals of deepening the alliance. With elections in May and
a change in administration closely thereafter, another of my goals
within my first 100 days would be to engage with the new administration
to better promote policies that enhance the U.S.-Philippines alliance
for the benefit of both our countries.
Question. If confirmed, what would you seek to engage with the new
Philippines administration on after their presidential elections in
June?
Answer. If confirmed, I would seek to engage with the new
Philippines administration after the elections to deliver our
commitment to the enduring U.S.-Philippines Alliance and to ensure
utmost coordination in matters of mutual concern. I would seek to
engage the new administration on the pillars of our expansive and
enduring bilateral partnership, including on our robust security and
defense cooperation, our strong economic ties, and our enduring people-
to-people connections. I would not shy away from difficult discussions
on areas where we may disagree and would continue to press the
Philippine Government to uphold human rights and democratic freedoms. I
would seek to work with the new administration to deepen our
partnership to allow us to cooperate even closer in support of the
rules-based economic and security order in the Indo-Pacific.
Question. The Philippines is at the front lines of Chinese military
aggression and coercion in the South China Sea. Besides freedom of
navigation operations, what else can the U.S. do to support our
partners such as the Philippines in the South China Sea?
Answer. Both the United States and the Philippines have a clear
national interest in preserving unimpeded lawful commerce, respect for
international law, including freedoms of navigation and overflight, and
other lawful uses of the sea, and the peaceful resolution of disputes
in the South China Sea. If confirmed, I would continue to push whole-
of-Government U.S. efforts to bolster Philippine capacity for maritime
domain awareness in the South China Sea, including through improving
the capacity of the Philippine Coast Guard. In addition to our law
enforcement capacity building with the Coast Guard, we work with our
Philippine alliance partners to counter illegal, unreported, and
unregulated fishing, and enhance national efforts to protect critical
marine resources that provide employment and food security for millions
of Filipinos. If confirmed, I would seek to expand these efforts and
encourage the Philippines to partner with its ASEAN neighbors to
collaboratively address shared challenges in the South China Sea.
Additionally, I would encourage our teams to work with Philippine
partners to broaden cooperation on marine scientific research and
energy exploration to take full advantage of our bilateral Science &
Technology agreement. I would also encourage regular communication and
coordination with the Philippines to address PRC provocations in the
South China Sea. If confirmed, I would support joint maritime or naval
operations anywhere in the Pacific, including the South China Sea, to
fully demonstrate the range of our friendship and alliance with the
Government of the Philippines, including our commitments under the 1951
Mutual Defense Treaty, and to demonstrate the range of our mutual
defense capabilities.
Question. Do you agree that Philippine-claimed features in the
South China Sea are covered by our mutual defense treaty with the
Philippines?
Answer. As Secretary Blinken has stated, the United States affirms
the applicability of the 1951 U.S.-Philippine Mutual Defense Treaty to
the South China Sea. The ``Joint Vision for a 21st Century United
States-Philippines Partnership'' also reaffirms our shared treaty
commitments, including our Mutual Defense Treaty obligations to respond
to an armed attack in the Pacific Area on either the United States or
the Philippines.
Question. In your view, what are the benefits to both the United
States and to the Philippines of our security relationship and the fact
that we provide security assistance to the Philippine military?
Answer. The Philippines is a vital security partner. The long-
standing, ironclad alliance between the Philippines and the United
States has contributed to peace, stability, and prosperity in the Asia-
Pacific region for more than seven decades. U.S. dependability as an
ally has been established over decades under the 1951 Mutual Defense
Treaty which, together with the bilateral Visiting Forces Agreement and
the Enhanced Defense Cooperation Agreement (EDCA), continues to provide
the foundation for the defense relationship and enables critical U.S.
military support, presence, and interoperability. These agreements
facilitate the rotational presence of U.S. forces in the Philippines,
expand opportunities for bilateral training, support the long-term
modernization of the Armed Forces of the Philippines, augment the U.S.
ability to provide rapid assistance to the Philippines in cases of
natural disasters, and support our efforts to work closely with the
Philippines to uphold the rules-based order in the South China Sea that
protects the rights, freedoms, and lawful uses of the sea guaranteed to
all nations.
Question. Do you commit to ensuring that U.S. security assistance
remains robust to the Philippines?
Answer. If confirmed, I would continue our diplomatic and defense
engagement at all levels to ensure full coordination between our
governments on shared interests and to explore ways in which our
security assistance to the Philippines can continue to facilitate more
effective implementation of alliance priorities.
Question. What is your understanding of morale throughout Mission
Manila?
Answer. One of the largest U.S. embassies in the Indo-Pacific,
Mission Philippines counts on the talent, dedication, and service of
our committed personnel. I understand that, like other missions in the
region and around the world, Mission Philippines has been adversely
affected by the global pandemic. I also understand that extended strict
lockdowns in the Philippines prevented in-person schooling for the
children of our Mission personnel and that other lockdown regulations
prevented regular daily activities and engagements. I understand that
the Philippines is beginning to lift those lockdowns and related
restrictions and that travel has opened back up again. If confirmed, I
would work in concert with the Embassy's leadership team to bolster
morale by focusing on the team's welfare and supporting them and their
families as they work to promote bilateral relations.
Question. How do you intend to improve morale at Mission Manila?
Answer. Our Embassy in Manila is more than a place of work; it is a
community of people. If confirmed, I would prioritize the safety and
well-being of Embassy Manila's talented staff and families, which
includes ensuring that morale remains high. I would work with the
Deputy Chief of Mission to conduct listening sessions across the
mission. I would also work in concert with the Embassy's Community
Liaison Office to understand and address any issues affecting morale
and to determine what tools and resources can be made available to them
to maintain the mission's strong sense of community.
Question. How do you intend to create a unified mission and vision
at Mission Manila?
Answer. If confirmed, I will start by listening to those already in
Mission Philippines to understand their current priorities and
engagements. I would also clearly communicate my priorities and those
of the Biden-Harris administration.
Question. How would you describe your management style?
Answer. When it comes to leadership, management, and fostering
teamwork, I like to say, ``It's impossible to overcommunicate, but
please try.'' My management style is open and inclusive. I believe in
sharing information--even tough news--wherever possible so that our
teams are empowered by knowledge of our options and limitations and can
think creatively as a group, bringing our diverse talents to bear to
find smart solutions to problem sets.
Question. Do you believe it is ever acceptable or constructive to
berate subordinates, either in public or private?
Answer. I do not believe in berating mission employees in public or
private. If confirmed, I commit to providing a safe and professional
working environment for all Mission personnel.
Question. How do you envision your leadership relationship with
your Deputy Chief of Mission?
Answer. I have served as a Deputy Chief of Mission for nearly six
years in two posts for four different ambassadors. I know firsthand the
value of a trusted ambassador-DCM partnership in the front office and,
if confirmed, I will empower my Deputy Chief of Mission to serve as the
Embassy's chief operating officer. I would regularly seek her guidance
to ensure effective Embassy operations to enable the Embassy team to
meet our strategic objectives in pursuit of strong bilateral ties.
Question. If confirmed, what leadership responsibilities do you
intend to entrust to your Deputy Chief of Mission?
Answer. If confirmed, I will entrust my Deputy Chief of Mission to
serve as the Embassy's chief operating officer, relying on her
knowledge of Department policies and procedures to ensure the smooth
functioning of Mission Philippines. I would also regularly seek her
guidance on the full range of leadership, management, and policy issues
the Mission faces.
Question. Do you believe that it is important to provide employees
with accurate, constructive feedback on their performances in order to
encourage improvement and reward those who most succeeded in their
roles?
Answer. I like and have often referenced Kim Scott's concept of
``Radical Candor,'' which posits that the best bosses are those who
give direct, candid guidance to the people they supervise, thereby
improving performance while demonstrating care for them as individuals
and concern for their career development. I believe it is important to
provide employees with accurate, constructive feedback on their
performance in order to recognize their good work, encourage
professional development, and reward those who successfully advance the
priorities of the Department.
Question. If confirmed, would you support and encourage clear,
accurate, and direct feedback to employees in order to improve
performance and reward high achievers?
Answer. If confirmed, I would support and encourage clear,
accurate, and direct feedback to employees in order to recognize their
good work, encourage professional development, and reward those who
successfully advance the priorities of the Department.
Question. In your opinion, do U.S. diplomats get outside of our
Embassy walls enough to accomplish fully their missions?
Answer. Strict COVID pandemic lockdowns over the past two years
have curtailed Embassy operations in many countries, including, as I
understand, in the Philippines. In my experience, however, that is a
unique exception. As I have heard Secretary Blinken say, ``Diplomacy is
a contact sport.'' Actively reaching out, establishing contacts, and
getting out of the Embassy and into the communities in which we serve--
within the bounds of prudent security measures--are all essential
elements of diplomatic outreach, critical to the conduct of effective
diplomacy.
Question. How do you intend to improve the ability of U.S.
diplomats to better access all local populations?
Answer. If confirmed, I would work with the public affairs team and
others across the microcosm of the interagency in Mission Philippines
to ensure we are reaching diverse Philippine audiences in an inclusive
and strategic way.
Question. What is the public diplomacy environment like in the
Philippines?
Answer. I understand there is a vibrant and active public diplomacy
environment in the Philippines. If confirmed, I would work to expand
and strengthen the relationship between our peoples and governments.
Our public diplomacy efforts in the Philippines are effective and far-
reaching, thanks to both the high favorability rating the United States
enjoys in the Philippines and the extended, well-organized, and active
network of U.S. exchange program alumni with whom the Embassy regularly
engages. I understand some of the Mission's most successful programs
include cultural and sports programming, academic grants, educational
exchanges, and international visitor programs. I would hope to continue
science and technology-related public diplomacy programs which focus on
encouraging youth, particularly women, to explore STEM fields. In all
of our outreach, I would promote principles of diversity, equity,
inclusion, and accessibility.
Question. What public diplomacy challenges do U.S. diplomats face
there?
Answer. I understand the COVID-19 pandemic has been a challenge for
public diplomacy programming in the Philippines, although many
initiatives have continued by shifting online or by changing logistics.
Another challenge, as I understand it, is that U.S. spending on public
diplomacy in the Philippines is dwarfed by that of the PRC. If
confirmed, I would work with our team in Manila to continue to retain
our edge by countering quantity with quality, but I would also seek to
ensure our public diplomacy resources are sufficient to successfully
combat PRC disinformation.
Question. How do you balance the importance of Main State versus
the in-country mission when it comes to tailoring public diplomacy
messages for foreign audiences?
Answer. If confirmed, I will work with the team at Mission
Philippines to understand and protect the Mission's crucial role in
formulating public diplomacy programs and responses. Mission personnel
provide a broad range of expertise and local insights. If confirmed, I
would draw on that local expertise to ensure our public diplomacy
messages are appropriately calibrated for the local audience and that
they reflect key foreign policy priorities.
Question. ''Anomalous health incidents,'' commonly referred to as
``Havana Syndrome,'' have been debilitating and sidelining U.S.
diplomats around the world for years. They have caused serious,
negative consequences for U.S. diplomacy, yet many believe that the
Department is not doing enough to care for, protect, and communicate to
its personnel. If confirmed, do you commit to taking this threat
seriously?
Answer. I am deeply troubled by potential anomalous health
incidents that have affected Embassy personnel and their family
members. I agree we must take these reported incidents seriously. If
confirmed, I would have no higher priority than the health, safety, and
security of Embassy Manila staff and their families.
Question. If confirmed, do you commit to talking as openly as you
can to Mission Manila personnel?
Answer. I often say, ``It's impossible to overcommunicate, but
please try.'' Open, effective communication is central to my leadership
approach and, if confirmed, I wholeheartedly commit to talking as
openly as I can to mission personnel not only about anomalous health
incidents, but other issues as well. If confirmed, I commit to doing
everything in my power to protect the health and safety of our Embassy
team members and their families.
Question. In the State Department's 2021 Trafficking in Persons
Report, the Philippines was identified as Tier 1 but the Government was
noted as convicting fewer traffickers in the reporting period. Knowing
there is room for improvement despite meeting the minimum standards,
how will you work with the host government to address these issues if
you are confirmed as Ambassador?
Answer. Trafficking in persons is a matter of deep concern for me,
and if confirmed I would actively engage the Government of the
Philippines to address this issue, including by sharing best practices
from the United States and other likeminded partners. If confirmed, I
would reinforce the need to vigorously investigate and prosecute sex
and labor trafficking cases, as well as other forms of human
trafficking, and hold convicted traffickers accountable.
Question. If confirmed, please describe how you will bolster these
efforts in conjunction with the Ambassador-at-Large.
Answer. If confirmed, I would direct my team to encourage the
Philippines to adopt the prioritized recommendations in the Department
of State's annual Trafficking in Persons Report and I would work
closely with the Ambassador-at-Large, when one is appointed and
confirmed, to coordinate U.S. engagements with the Government of the
Philippines to combat and prevent trafficking in persons.
Question. In the State Department's 2020 International Religious
Freedom Report, the Philippines was identified as not particularly
tolerant of religious freedom, especially among Muslims. What is your
assessment of this particular issue and if confirmed, how will you work
with the Ambassador-at-Large to bolster religious freedom in-country?
Answer. As Secretary Blinken has stated, the United States
maintains its unwavering support to promote respect for and protect
freedom of religion or belief for all. The annual International
Religious Freedom Report notes that the Philippines' constitution
provides for the free exercise of religion and religious worship, and I
understand that Mission Philippines has conducted a broad range of
engagement with the Government of the Philippines and with civil
society to highlight the importance of international religious freedom.
If confirmed, I would ensure that we continue these important
engagements, and I would work with the Ambassador-at-Large to explore
ways that we can bolster religious freedom in the Philippines. I
appreciate the longstanding Congressional support on freedom of
religion or belief and look forward to working with you on how we can
continue to preserve and protect this human right.
Question. In the State Department's 2020 Human Rights Report,
Philippines was identified as having committed severe human rights
abuses including but not limited to unlawful or arbitrary killings,
including extrajudicial killings; reports of forced disappearance;
torture; harsh and life-threatening prison conditions; arbitrary
detention by and on behalf of the Government and nonstate actors; and
more. If confirmed, what steps will you take to address these instances
with the host government?
Answer. Promoting respect for human rights and the rule of law is
fundamental to U.S. relations with the Philippines. The alliance with
the Philippines is foundational to the U.S. role in the Indo-Pacific,
and the relationship is built on shared values and principles founded
upon mutual democratic aspirations. As a friend, partner, and ally of
the Philippines, the United States maintains a robust dialogue with the
Philippine Government about all aspects of our long-standing
relationship, including human rights concerns, such as those related to
freedom of expression, including for members of the press, and reports
of extrajudicial killings. Sustained constructive engagement with all
levels of the Philippine Government, military, and civil society is
essential for promoting respect for human rights.
If confirmed, I would ensure that we continue this engagement with
the Government, military, and civil society. In discussions with my
Filipino counterparts, I would reinforce the importance of human
rights, particularly adequate legal protections and the rule of law. If
confirmed, I would also work to improve access to and administration of
justice in the Philippines, through programs administered by USAID, the
Department of Justice, and the Department of State's Bureau of
International Narcotics and Law Enforcement Affairs.
Question. How will you direct your Embassy to work with civil
society organizations to improve the human rights situation on the
ground?
Answer. If confirmed, I would ensure a whole-of-embassy effort to
diligently monitor the human rights situation in the Philippines.
Through numerous ongoing training and development programs, the team
and I would work to support and enhance the efforts of Philippine human
rights defenders, including civil society organizations that are
bravely working to promote respect for human rights. I would also
continue to work with USAID, the Department of Justice, the Department
of State's Bureau of International Narcotics and Law Enforcement
Affairs, and other U.S. Government agencies as they administer and
manage their programs in the Philippines.
__________
Responses to Additional Questions for the Record
Submitted to MaryKay Loss Carlson by Senator Edward J. Markey
Question. On March 30, Nobel Peace Prize Laureate Maria Ressa
testified before the East Asia, the Pacific, and International
Cybersecurity Policy Subcommittee about the assault on freedom of
expression in Asia and the upcoming elections in the Philippines which
Ms. Ressa characterized as ``an existential moment'' for democracy in
the Philippines. I'm concerned that successive U.S. administrations
have put human rights on the backburner. As we've seen time and time
again, authoritarian governments make unreliable partners. If
confirmed, will you pledge to publicly and privately elevate issues of
human rights, freedom of speech, and the rule of law with the new
Government of the Philippines?
Answer. If confirmed, I pledge to publicly and privately elevate
issues of human rights, freedom of speech, and the rule of law.
Promoting respect for human rights and the rule of law is fundamental
to U.S. relations with the Philippines. The alliance with the
Philippines is built on shared democratic values and principles, which
would anchor my engagement with the Philippines Government if I am
confirmed. I would also work to improve the Administration of justice,
which is crucial for achieving adequate legal protections and access to
justice, through programs administered by U.S. interagency partners,
including USAID, the Department of Justice, and the Department of
State's Bureau of International Narcotics and Law Enforcement Affairs.
Through our numerous ongoing training and development programs, I would
work to support and enhance the efforts of Philippine human rights
defenders, including civil society organizations that are bravely and
continuously working to promote respect for human rights. I would
ensure the team at our Embassy continues to diligently monitor the
human rights situation in the Philippines, and, in discussions with my
Filipino counterparts, I would reinforce the importance of respect for
human rights and the rule of law.
If confirmed, I would also encourage the Government of the
Philippines to respect freedom of expression and freedom of the press.
I would continue to support local initiatives to counter
disinformation. I remain concerned about the cases against journalist
Maria Ressa and Senator Leila de Lima and by the politically motivated
refusal to renew the license of ABS-CBN, the country's largest
broadcast network. If confirmed, I would continue to call for
resolution of the cases in a way consistent with the Philippines'
constitution and international obligations, including protection of the
right to freedom of expression.
I appreciate Congress's close attention to the full range of human
rights issues and, if confirmed, look forward to continuing our close
consultations on these important matters.
__________
Responses to Additional Questions for the Record
Submitted to MaryKay Loss Carlson by Senator Todd Young
Question. It is my understanding there are over 5,000 certified
foreign nurses approved for entry into the United States from the
Philippines. They are waiting for in-person interviews at the Embassy,
sometimes without any word as to when those interviews may happen. I
have heard from numerous hospitals across Indiana who desperately need
these nurses and are anxiously awaiting their arrival. If confirmed,
how will you work to reduce the backlog of foreign nurses?
Answer. According to State Department statistics, Consular
operations at the U.S. Embassy in the Philippines are among the largest
and most high-profile in the world. U.S. visa operations play an
important role in our people-to-people ties, and, especially now, help
to provide qualified skilled workers in crucial industries such as
healthcare. I understand the consular section at U.S Embassy Manila is
making significant progress toward adjudicating E3 immigrant visas for
nurses and other critical industry workers and their families. If
confirmed, I will ensure continued momentum in adjudicating these
critical industry visas in accordance with all relevant U.S. laws and
regulations and will make sure our resources are focused on this
effort, while also supporting other important priorities of the
Mission.
Question. If confirmed, will you commit to improving the level of
communication between the Embassy and the nurses applying for a visa?
Answer. Yes, improving communication is a constant goal--in this
issue area and others of significance to bilateral ties. The consular
section of the U.S. Embassy in Manila is working hard to adjudicate E3
immigrant visas for nurses and other critical industry workers and
their families. If confirmed, I will ensure that our Consular
operations continue their momentum in adjudicating these critical
industry visas and ensure that our Mission devotes resources to this
effort, including to ensuring timely and proper communication with visa
applicants, while also supporting other important priorities of the
Mission
Question. What is your perspective on how we can strengthen our
diplomatic engagement with the Philippines, particularly after several
rocky years?
Answer. The long-standing, ironclad alliance between the
Philippines and the United States is irreplaceable and foundational to
our strategic interests in the Indo-Pacific. As friends, partners, and
allies, we must continue building on the well-established foundation
between our two countries to strengthen our bilateral engagement in the
face of new global challenges.
If confirmed, I would continue to closely engage with top
Philippine leadership to ensure utmost coordination in matters of
mutual concern. This includes working with the Philippines to enable
stronger security and defense cooperation and to expand opportunities
for bilateral training, exercises, and capacity building to advance
peace and security in the region. I would also work to ensure our
security cooperation continues to help the Philippine military and law
enforcement bodies combat terrorism, transnational crime, and violent
extremism.
If confirmed, I would continue U.S. efforts to urge the Philippine
Government to conduct all law enforcement operations in accordance with
the rule of law and consistent with its international human rights
obligations, and I would urge the Government to conduct thorough,
transparent investigations into all suspected unlawful killings, and to
hold accountable those who are responsible. I would also work to
strengthen the Administration of justice and support Philippine human
rights defenders and civil society, and encourage respect for freedom
of expression, including for members of the press. Finally, if
confirmed, I would support reforms that enhance transparency, assure
labor rights protections, boost beneficial trade and investment between
our two countries, and increase cooperation to ensure resilient supply
chains. I would promote an economic partnership that engages the U.S.
and Philippine private sectors to invest in climate action and support
low-carbon energy security.
Question. From your perspective, what advantages does the
Philippines bring to our U.S. Indo-Pacific strategy, particularly in
terms of maritime security and supply chain resilience?
Answer. The Philippines is a vital, irreplaceable, and critically
important partner to the United States in the Indo-Pacific. The
alliance between our two countries has contributed to peace, stability,
and prosperity in the Asia-Pacific region for more than seven decades.
If confirmed, I intend to work with the Philippines to deepen the
special partnership between our two countries. I would continue to
encourage diplomatic and defense engagement at all levels to ensure
full coordination between our governments on shared interests,
including upholding the rules-based order in the South China Sea that
protects the rights and freedoms guaranteed to all nations. I would
work to enhance bilateral coordination and communication processes to
facilitate more effective implementation of alliance priorities, and I
would work with colleagues across the interagency to expand cooperation
in our shared priority areas such as maritime security and supply chain
resilience.
Question. What is your view on how we can deepen our economic
relationship with the Philippines under the Indo-Pacific strategy? Are
there opportunities for engagement on digital trade in particular?
Answer. The United States and the Philippines enjoy strong economic
ties that benefit the peoples of both our countries. In 2021, the
United States was among the Philippines' top three trading partners and
the Philippines was the United States' 31st largest goods trading
partner. If confirmed, I would work hard to lower barriers to trade and
investment through our bilateral and multilateral engagements,
including through our regular Bilateral Strategic Dialogue with the
Government of the Philippines and through fora such as the Asia-Pacific
Economic Cooperation (APEC). I would also work closely with the Office
of the U.S. Trade Representative to support engagement through our
bilateral U.S.-Philippines Trade and Investment Framework Agreement
(TIFA), as well as through our multilateral TIFA with the Association
of Southeast Asian Nations (ASEAN). I would ensure the U.S. Mission in
Manila continues to advocate for stronger trade and investment ties and
for commercial and defense sales consistent with applicable law and
U.S. Government policy. If confirmed, I intend to explore more ways to
encourage mutually beneficial U.S. investment in the Philippines,
including by tackling some of the issues cited by the private sector,
such as corruption and customs issues. I would also work with the
Government of the Philippines to explore new opportunities to enhance
our bilateral economic relationship, including on cyber and digital
trade.
Question. Given that polls in the Philippines suggest that nearly
60 percent of Filipinos do not trust the Chinese, why do you think
President Duterte has sought to pivot towards some form of an alliance
with China?
Answer. Publicly available opinion polls show that the Philippine
public shares our concerns about aggressive and unlawful actions by the
PRC in the region. At the same time, the Philippines, like the United
States, has economic ties to China. If confirmed, I would encourage our
Philippine allies to continue to proactively raise concerns over PRC
actions that undermine the rules-based international order. I would
also encourage regular communication and coordination with the
Philippines to address common security concerns, in particular the
PRC's increasingly provocative and destabilizing activities in the
South China Sea.
Question. Ahead of the May elections, what is your sense of how the
various candidates are evaluating relations with China? Do you believe
the relationship with China will change substantively in a new
government?
Answer. The U.S.-Philippines relationship is one of friends,
partners, and allies who coordinate across the full range of human
endeavor to promote the interests of our peoples. We enjoy a vital
partnership and, if confirmed, I look forward to strengthening
bilateral ties in coordination with the new democratically elected
government that is slated to take office in early July. I understand
the various candidates are currently campaigning and determining their
platforms and policy positions, including on Philippine relations with
the PRC. As Secretary Blinken has repeatedly said, the United States is
not asking the Philippines, or any other country, to choose sides.
Instead, we seek to partner with the Philippines on issues of shared
concern, including with regard to the PRC's provocative behavior in the
region. If confirmed, I would encourage our Philippine allies to
continue to proactively raise concerns over PRC actions that undermine
regional stability and the rules-based international order.
Question. Given your extensive background in the region, how do you
view Chinese influence and interests in the Philippines?
Answer. Like the United States, the Philippines maintains a robust
relationship with the PRC that includes economic and people-to-people
ties. The Philippines, however, shares our concerns about the PRC's
provocative behavior in the region. For example, it was the
Philippines' initiative that led to the 2016 ruling by the arbitral
tribunal rejecting the PRC's expansive and unlawful claims in the South
China Sea. The Philippines is one of the states most affected by the
PRC's unlawful maritime claims. PRC activities in the South China Sea
threaten Philippine livelihoods, food security, biodiversity, and
energy security. As such, both the United States and the Philippines
have a clear national interest in preserving unimpeded lawful commerce,
respect for international law, including freedoms of navigation and
overflight, and other lawful uses of the sea, and the peaceful
resolution of disputes in the South China Sea. If confirmed, I would
continue to push whole-of-government U.S. efforts to bolster Philippine
capacity for maritime domain awareness in the South China Sea and I
would also encourage regular communication and coordination with the
Philippines on addressing the PRC's coercive activities in the South
China Sea.
Question. How would you approach engaging with the Government of
the Philippines on matters relating to China if confirmed as the
Ambassador?
Answer. If confirmed, I would endeavor to strengthen the
irreplaceable U.S.-Philippines alliance, which serves as a source of
common security in the region. As President Biden and Secretary Blinken
have stated, the U.S. approach to the PRC will be competitive when it
should be, cooperative when it can be, and confrontational when it must
be. The common denominator in this approach is the need to engage
Beijing from a position of collective strength, which means working
with partners like the Philippines, because our combined weight, backed
by law, is much harder for the PRC to ignore.
If confirmed, I would encourage our Philippine allies to continue
to proactively raise concerns over PRC actions that threaten regional
stability and undermine the rules-based international order. I would
also encourage regular communication and coordination with the
Philippines to address common security concerns, in particular the
PRC's increasingly provocative activities in the South China Sea. This
includes continuing to push whole-of-government U.S. efforts to bolster
Philippine capacity for maritime domain awareness, including through
improving the capacity of the Philippine Coast Guard; encouraging
regular communication and coordination with the Philippines regarding
provocations in the South China Sea; and supporting joint maritime or
naval operations anywhere in the Pacific, the South China Sea included.
I would promote these joint efforts to fully demonstrate the range of
our friendship and alliance with the Government and people of the
Philippines, including our commitments under the 1951 Mutual Defense
Treaty, and to demonstrate the range of our mutual defense
capabilities.
__________
Responses to Additional Questions for the Record
Submitted to MaryKay Loss Carlson by Senator Jeff Merkley
Question. If confirmed, how would you support efforts to
investigate human rights violations in the Philippines committed by the
Duterte regime, the National Task Force to End Local Communist Armed
Conflict (NTF-ELCAC), the Armed Forces of the Philippines, and the
Philippine National Police?
Answer. As friends, partners, and allies, the Philippines and the
United States maintain a robust dialogue about all aspects of our long-
standing relationship, including human rights concerns. Sustained
constructive engagement with all levels of the Philippine Government,
military, and society is essential for promoting respect for human
rights--values that underpin our relationship. If confirmed, I would
continue active engagement, to include a strong focus on bringing to
justice those responsible for extrajudicial killings. If confirmed, I
would continue to urge the Government to conduct all law enforcement
operations in accordance with the rule of law and consistent with the
Philippines' constitution and international human rights obligations.
In discussions with Filipino counterparts, I would reinforce the
importance of fair trial guarantees, all other applicable legal
protections, and the rule of law. If confirmed, I would ensure the team
at our embassy continues to diligently monitor the human rights
situation in the Philippines. I appreciate Congressional attention to
this issue and look forward to continuing close consultations.
Question. If confirmed, how would you ensure accountability that
U.S. military aid to the Philippines does not fund further human rights
violations?
Answer. The U.S.-Philippines alliance is strategically
irreplaceable and foundational to the U.S. role in the Indo-Pacific.
The Philippines is a linchpin connecting Northeast Asia with maritime
Southeast Asia and sits astride vital sea lines of communication; thus,
strong strategic relations with the Philippines are essential to our
national security. Time and again, the Philippines has proven crucial--
whether in facilitating our response to natural disasters in the region
or enabling our ability to respond to contingencies and shape security
in the Indo-Pacific.
The promotion of respect for human rights is also an indispensable
element of our foreign policy and advances our strategic interests. If
confirmed, I would appreciate the opportunity to discuss how we can
best simultaneously achieve our human rights objectives and our
security assistance objectives to protect the national security
interests of the United States.
If confirmed, I would work to ensure that no assistance is provided
to Philippine security units credibly implicated in a gross violation
of human rights, including by complying with all Leahy vetting
requirements. Our programs and assistance to the Armed Forces of the
Philippines and the Philippine National Police include human rights
training and associated institutional capacity building programs, and I
would ensure that training and those programs continue, as appropriate,
if confirmed.
I understand that our embassy closely tracks allegations of human
rights abuses and restricts assistance to security forces credibly
implicated in gross violations of human rights in accordance with the
Leahy Law. If confirmed, I would ensure we continue to devote adequate
resources into this effort.
Question. Given the strong military relationship between the U.S.
and Philippines, how has the U.S. used its leverage and close ties to
encourage the military to uphold human rights and democratic
principles?
Answer. The United States' and the Philippines' shared commitment
to democracy is an integral part of our longstanding partnership. The
United States is committed to partnering with the Philippines to
strengthen its democratic resilience, and we regularly raise the
importance of protecting human rights and fundamental freedoms in our
bilateral engagements, including with the armed forces. Sustained
constructive engagement with all levels of the Philippine military is
essential for promoting both respect for human rights and U.S. security
interests. If confirmed, I would continue the robust dialogue with the
Philippine armed forces about all aspects of our longstanding
relationship, including human rights concerns. I would ensure post is
complying with all Leahy vetting requirements to help ensure that no
assistance is provided to Philippine security units credibly implicated
in gross violations of human rights. I would communicate U.S.
requirements to our Philippine counterparts so they understand the
consequences of committing gross human rights violations. If confirmed,
I would work to ensure our U.S. programs and assistance to the
Philippines armed forces and select police units include human rights
training and associated institutional capacity building programs.
Question. What is the U.S. Government's position on the legacy of
the Marcos Dictatorship?
Answer. The Philippines is a vibrant democratic ally with which we
share a long and important history. The deep friendship and people-to-
people ties between our two democracies have stood the test of time,
bolstered by more than 75 years of robust diplomatic ties spanning
different administrations in both countries. If confirmed, I pledge to
work with the Government of the Philippines to ensure that our alliance
continues to reflect our shared values and highest ideals, and I would
work to ensure that our engagements with and assistance to the
Philippines support good governance, human rights protections, and the
rule of law.
Question. How will U.S. policy towards the Philippines change if
Marcos wins the upcoming presidential election?
Answer. The alliance with the Philippines is built on shared values
and principles founded upon mutual democratic aspirations. The upcoming
elections provide Filipinos the opportunity to democratically elect
their leaders. The Philippine people elect their leaders; we elect to
work with their leaders to further our mutual interests in the Indo-
Pacific and across the globe. If confirmed, I will seek to deepen our
partnership, strengthen people-to-people ties between our two
democracies, upgrade and modernize our alliance to face new challenges,
expand U.S. trade and investment, and support the rule of law and good
governance.
Question. What is the likelihood that the 2022 elections in the
Philippines can be considered ``free and fair'' and an accurate
representation of the will of the people?
Answer. The upcoming elections in the Philippines provide the
opportunity for Filipinos to exercise their will and their democratic
right to vote for their leaders. As documented in the State
Department's 2020 Human Rights Report, international and national
observers viewed the Philippines' most recent midterm elections in May
2019 as well organized and generally free and fair, even though vote
buying continued to be widespread and dynastic political families
continued to monopolize elective offices. If confirmed, I would look
for opportunities to offer U.S. election support, share good governance
strategies with the Philippine Government, and engage with the new
democratically elected administration.
Question. What steps is the U.S. taking to support the development
of democracy in the Philippines and prevent autocratic rule?
Answer. The United States works closely with interlocutors in the
Philippines to support the development of democracy. Programs
administered by USAID, the Department of Justice, and the Department of
State's Bureau of International Narcotics and Law Enforcement Affairs
support improving the Administration of justice, which is crucial for
achieving due process and access to justice. Through our numerous
ongoing training and development programs, we support and enhance the
efforts of Philippine human rights defenders including civil society
organizations who are bravely and continuously working to promote
respect for human rights. The United States supports the work of local
human rights advocates to enhance access to justice for the most
vulnerable communities, including victims of the drug war. If
confirmed, I would strive, in consultation with Congress, to enhance
our government's work with Philippine civil society organizations to
inspire the public to seek, affirm, and demand the observance of human
rights. I understand that our embassy closely tracks allegations of
human rights abuses. If confirmed, I will ensure we continue to put
adequate resources into these efforts.
Question. Has the State Department considered the imposition of
sanctions on those individuals that are actively trying to undermine
democracy in the Philippines?
Answer. The United States is committed to helping the Philippines
strengthen its democratic resilience and we regularly raise the
importance of protecting human rights and fundamental freedoms with all
levels of the Philippine Government, military, and civil society. If
confirmed, I will reinforce the importance of human rights,
particularly fair trial guarantees, all other applicable legal
protections, and the rule of law in my discussions with my Filipino
counterparts. I appreciate Congressional attention to human rights in
the Philippines and look forward to continuing close consultations with
you on this issue.
__________
NOMINATIONS
----------
WEDNESDAY, MAY 4, 2022
U.S. Senate,
Committee on Foreign Relations,
Subcommittee on European Affairs,
Washington, DC.
The committee met, pursuant to notice, at 2:04 p.m., in
Room SD-419, Dirksen Senate Office Building, Hon. Jeanne
Shaheen presiding.
Present: Senators Shaheen [presiding], Menendez, Kaine,
Markey, Booker, Van Hollen, Risch, Johnson, Young, and
Barrasso. Also Present: Senator Schumer.
OPENING STATEMENT OF HON. JEANNE SHAHEEN,
U.S. SENATOR FROM NEW HAMPSHIRE
Senator Shaheen. This hearing of the Senate Foreign
Relations Committee's Subcommittee on European Affairs will
come to order, and I apologize for being a little late this
afternoon.
As you may have heard, there is a lot going on. We have
about 28 votes that are starting at 2:30. So I think we will
probably pass the gavel back and forth so that we can try and
continue the hearing while the votes are going on, and in the
interest of expediting my remarks to get to each of you, I am
going to submit my opening statement for the record and just
start by welcoming three important nominees to advance
America's foreign policy: Ambassador Jane Hartley, who has been
nominated to the Court of St. James in the United Kingdom;
Constance Milstein nominated to the Republic of Malta; and Alan
Leventhal nominated to the Kingdom of Denmark.
Welcome to each of you. This hearing will also review the
nomination of Dr. Bruce Turner to serve as U.S. representative
to the Conference on Disarmament.
Again, we are delighted to be able to hear from each of you
today and to have a chance to ask you some questions about what
we hope will be soon-to-be confirmed posts.
Let me, again, submit my remarks for the record along with
a statement from Senator Coons, who is not going to be able to
be here but also wanted a statement entered into the record,
and turn it over to the ranking member, Senator Johnson.
Prepared Statement of Hon. Jeanne Shaheen
I would like to call this hearing of the Senate Foreign Relations
Committee to order. This hearing will review the nominations of three
important nominees to advance America's foreign policy: Ambassador Jane
Hartley to the Court of St James in the United Kingdom, Constance
Milstein to the Republic of Malta and Alan Levanthal to the Kingdom of
Demark. This hearing will also review the nomination of Dr. Bruce
Turner to serve as U.S. Representative to the Conference on
Disarmament.
Today, more than ever, our diplomats are critical in advancing U.S
foreign policy and national security interests amid the most seismic
shifts of our global security landscape in 80 years.
Putin is trying to rewrite history by rebuilding the Soviet Union--
challenging the international values, laws and institutions that have
kept our world safe since World War II.
The bloodshed and senseless violence that Putin is waging upon the
Ukrainian people--as well as the Ukrainian people's unrelenting resolve
to protect their country--has captured the hearts of communities around
the entire world. Putin must be held accountable for his egregious
crimes.
But we can't do it alone. And that's why our relationships with our
partners and allies--especially through our alliances--are so important
to hold Putin to account.
But for Putin to feel the full weight of consequences of his
actions, we must have ambassadors in place to coordinate our response.
And we can maximize our bilateral cooperation by confirming ambassadors
to further strengthen that coordination.
Just two weeks ago, I was in the Western Balkans on a Congressional
delegation with Senator Murphy and Senator Tillis. We had the
opportunity to meet three very recently confirmed Ambassadors. It was
clear from our meetings that our diplomatic impact is sustained by the
dedicated public servants of the Foreign Service but can truly be
transformed with confirmed Ambassadors on the ground.
I am pleased to see that Leader Schumer is here to introduce
Ambassador Jane Hartley and Constance Milstein, but I'd like to mention
why the position of Ambassador to the United Kingdom is so important,
as it has a special connection to my home state of New Hampshire.
In March 1941, former Governor of New Hampshire John Winant was
appointed Ambassador to the United Kingdom at a critical moment for UK-
U.S. relations. Great Britain was suffering from relentless bombings
from Nazi Germany and sought support from the United States to push
back against Hitler--not just for the sake of Great Britain but for the
future of Europe.
Ambassador Winant played a critical role in implementing the Lend-
Lease program and, once the United States formally entered the war,
played an integral role in maintaining close coordination between
Churchill and Roosevelt in planning the Allied response. Ambassador
Winant is an overlooked figure in World War II history but his efforts
put the word `special' in this bilateral relationship. And this is
precisely why--and how--our Ambassadors are so essential in bolstering
our bilateral relationships.
I have no doubt that Ambassador Hartley's experience and background
has prepared her to also add value to the bilateral relationship to our
relations with the United Kingdom. Ambassador Hartley previously served
as Ambassador to France and Monaco during a critical tenure in U.S.-
France relations--coordinating responses to the terrorist attacks at
the Bataclan, the Charlie Hebdo attacks and the migrant crisis of 2015.
In recognition of her contributions to U.S.-France relations, she
received the Legion of Honor from the French Government.
Ms. Hartley's appointment comes at a transformative moment for the
UK, which is redefining its role in the world after voting to leave the
European Union in 2015.
I have been impressed by the UK's leading response to the Ukraine
crisis, providing critical lethal assistance to Ukraine and closely
aligning with the United States within NATO and the U.N. to condemn and
punish Putin for his belligerent actions.
Although there is strong interest in the Senate to advance a trade
agreement with the UK, it must be said that we are also closely
watching the situation in Northern Ireland.
We wish to see continued implementation of the Good Friday and
Stormont House Agreements to ensure lasting peace in Northern Ireland.
Significantly, next year the UK will honor the 25th anniversary of the
Good Friday Agreement, providing an opportunity to celebrate an
extraordinary achievement and recommit to peace, stability and
prosperity in Northern Ireland.
I am also pleased to see Constance Milstein nominated to the
position of Ambassador to Malta. Ms. Milstein has long supported
important philanthropic causes in support of young people around the
world, and I applaud her lifelong commitment to supporting our service
members and their families.
Her nomination comes at an important time for our continued
collaboration with Malta on resisting Russia's malign influence in
Europe. I welcomed Malta's announcement that it would end so-called
``golden passports'' for Russian and Belarusian nationals in response
to Russia's illegal and unprovoked invasion of Ukraine.
The U.S. Senate remains committed, in a bipartisan fashion, to
supporting Ukraine against the Kremlin's bloody campaign and resisting
Russia's attempts to destabilize Europe and the free world.
Expeditiously confirming Ms. Milstein to Malta is an important part of
that support.
I am glad to see Alan Levanthal today, nominated to be the U.S.
Ambassador to Denmark. Mr. Levanthal has been the Chairman and CEO of
Beacon Capital Partners since its founding in 1998. He has a long
history working on international issues in the public and private
sector. And the timing of his nomination is also important for our
relations with Denmark.
I welcome Denmark's decision to significantly increase its defense
budget to meet its two percent defense spending commitment by 2033,
though I would note that a more expedited timeline might be required
given the significant threat that Russia poses. I also note that
Denmark seeks to become independent of Russian natural gas.
It is in America's interest to help advance and accelerate
America's energy diversification strategy and reduce its reliance on
Russian gas.
Last, I welcome Dr. Bruce Turner, nominated to be U.S.
Representative to the Conference on Disarmament. Dr. Turner has a
distinguished record of service with the Department of State that will
enhance U.S. presence at the Conference on Disarmament, a crucial body
supporting arms control and disarmament.
These issues are all the more pressing given the new threats to
democratic security around the world, including from Russia, China and
North Korea.
All appointments come at an important moment for global security,
as the U.S. faces new threats from our adversaries, including Russia.
So without further ado, I'd like to hand it over to the ranking
member for his opening remarks. We will then turn to the nominees for
their opening statements.
__________
Prepared Statement of Hon. Christopher A. Coons
I am proud and honored to have the opportunity to introduce a dear
friend, Connie Milstein, who has been nominated by President Biden to
serve as our Ambassador to the Republic of Malta.
I would be remiss if I didn't also thank her family for their
unwavering support of Connie in helping her achieve her goals,
particularly her husband Said and her daughters, Abigail and Joanna.
I first met Connie when I was a New Castle County Executive, and
she was involved in the Democratic Leadership Council. She was one of
my earliest supporters.
As an attorney, business leader, philanthropist, and political
force, Connie has made important contributions to strengthening our
democracy.
She possesses the rare talent and passion for seeking out and
lifting up young elected officials working in state and local
government in an effort to drive principled American leadership. I am
one of many who have benefited from her work, which transcends party
lines.
In addition to her work in politics, Connie has served the
Secretary of the Army and has tirelessly worked to support our troops
throughout her career. She is a founding board member of Blue Star
Families, the nation's largest support organization for military
spouses and children. She also started Dog Tag Bakery, a company, whose
mission is to use its profits to transform the lives of veterans with
service-connected disabilities, their military spouses, and their
caregivers through investment in their higher learning.
Connie is a proud American, an internationalist, and an incredibly
capable individual to take this post.
I look forward to supporting her in this work and urge my
colleagues to support her nomination.
STATEMENT OF HON. RON JOHNSON,
U.S. SENATOR FROM WISCONSIN
Senator Johnson. Thank you, Madam Chair. I will follow your
fine example. I also ask my opening statement be entered into
the record.
I also want to welcome the nominees and thank them for
their past service but also for their willingness to serve in
these capacities as well. So I am looking forward to hearing
from your testimony.
And thank you, Madam Chair.
Prepared Statement of Hon. Ron Johnson
Thank you Senator Shaheen.
I would like to thank each of the nominees, as well as their
families, for their service. If confirmed, our nominees will be
preforming important diplomatic service at a critical time for Europe
and the world. You would be working to advance our national interests
in Denmark, Malta, and the United Kingdom, as well as at the Conference
on Disarmament. You would be responsible not only for representing
America there, but you will also need to ensure that you keep America
informed as to those countries views back here at home, especially by
keeping members of this committee and our staffs updated on the
situation on the ground. If the vision for a Europe `whole, free and at
peace' is ever to become a reality, we must work in close coordination
with our European allies and partners, leveraging our position in
international institutions, to reject and combat Russia's illegal and
unprovoked atrocities and war crimes in Ukraine, as well as other
malign activities by America's adversaries.
The United Kingdom and Denmark are both stalwart NATO allies, and
very close bilateral partners of the U.S. As we work together to
counter Russia's latest attack on Ukraine and to strengthen NATO, we
should also seize the moment to reach deeper levels of friendship,
including strengthening trade and defense cooperation. While Malta is
not a NATO member, it has been an active U.S. partner in a number of
ways, including combatting transnational crime in the Mediterranean.
Given Malta's strategic location, opportunities to develop a more
robust partnership should be pursued. All three countries have
committed to enforcing sanctions against Russia, with the United
Kingdom and Denmark also taking the important step of providing weapons
and other types of support to the Ukrainian people.
I look forward to hearing from all the witnesses and am grateful to
them for appearing today.
Senator Shaheen. Thank you, Senator Johnson.
Let me also recognize the ranking member of the full
committee, Senator Risch. We are glad that you are here as
well, and I know we are waiting for Senator Schumer, who we
think is going to come to do introductions of Ambassador
Hartley and Ms. Milstein.
But in the meantime, I am going to ask, Senator Markey, if
you would like to introduce Mr. Leventhal.
STATEMENT OF HON. EDWARD J. MARKEY,
U.S. SENATOR FROM MASSACHUSETTS
Senator Markey. Thank you. Thank you, Madam Chair. It is my
honor to be here today to introduce Alan Leventhal, nominated
to be the United States Ambassador to the Kingdom of Denmark.
Joining Alan today are his wife, Sherry, and his son,
Alexander, and it is a proud day for the Leventhal family,
which has had a long, rich history in the city of Boston,
transforming it.
He is a son of the Commonwealth. In his highly successful
business, academic, and nonprofit endeavors, he has left his
mark on Boston and beyond. First, in the literal sense, his
company has made downtown Boston's financial districts bustling
as a destination, and it was also behind the revitalization of
the Boston Harbor through the construction of Rowes Wharf and,
really, opening up Boston Harbor to the city of Boston for the
first time in 50 years.
And, more importantly, Alan has left his mark in improving
the lives of those in his community in the fight against
cancer. He funded the sharpest minds as chair of the Damon
Runyon Cancer Research Service. Their track record was
impressive. Twelve of the individuals they funded ended up
winning the Nobel Prize.
He has also left his mark in education, which he considers
his true passion. He served on the governing board at MIT,
which dedicates $2 billion every year on research funding to
tackle the top challenges our country faces.
Alan jokes that he may be the only one in his family that
does not have a degree from Boston University. But through his
transformational work as chair of the board of trustees at BU,
he created greater opportunities for tens of thousands of proud
BU graduates during his tenure.
He will assume his post in Copenhagen at a time of great
turmoil in the European continent. Denmark plays an outsized
role in supporting U.N. peacekeeping operations and the counter
ISIS campaign.
Unsurprisingly, Denmark has, again, risen to the challenge
in Europe's response to Russia's illegal invasion of Ukraine,
including by weaning itself off of Russian fossil fuels. As
Ambassador, Alan will play a key role in building upon that
unified response to Russian aggression.
It is a country of just 6 million people but it has few
peers when it comes to the global fight against climate change,
Alan knows, because his buildings are the best buildings in
terms of energy efficiency that can be constructed.
He and Boston brought together business and civic leaders
through the Boston Green Ribbon Commission to show that clean
energy is good for our economies and for our planet.
We are very proud of him in Massachusetts, but it is his
lifetime of work in combating the scourge of cancer, the
climate crisis, and training the next generation of American
leaders that makes Massachusetts not just the Bay State but the
brain state, and we are proud to have him as someone who
represents our state.
The diversity of his experience also makes him a fantastic
choice to be our top diplomat to the Kingdom of Denmark at a
moment of great consequence for our country and the planet.
I urge his swift confirmation by the Foreign Relations
Committee and by the United States Senate.
I thank you, Madam Chair.
Senator Shaheen. Thank you very much, Senator Markey.
I understand that Senator Schumer is only a few minutes
away. So with your indulgence, I would like to introduce Dr.
Bruce Turner, and then we will start testimony from Dr. Turner,
headed towards Ambassador Hartley, and hope that before we get
too far along Senator Schumer will be here.
And, Senator Markey, I know that you may have to leave and
feel free to do that whenever you are ready.
Senator Markey. I thank you. Thank you, Madam Chair.
Senator Shaheen. Dr. Bruce Turner has been nominated to be
U.S. Representative to the Conference on Disarmament. Dr.
Turner has a distinguished record of service with the
Department of State that will enhance U.S. presence at the
Conference on Disarmament, which is a crucial body supporting
arms control and disarmament, and, as we know, these issues are
even more pressing right now, given the new threats to
democratic security around the world, including from Russia,
China, and North Korea.
All of these appointments today come in a moment, an
important moment, for global security as the U.S. faces new
threats from our adversaries, including Russia.
So while we continue to await Senator Schumer, I will ask
Dr. Turner if you would like to begin your testimony.
Thank you.
STATEMENT OF DR. BRUCE I. TURNER OF COLORADO, NOMINATED TO BE
U.S. REPRESENTATIVE TO THE CONFERENCE ON DISARMAMENT IN GENEVA,
WITH THE RANK OF AMBASSADOR DURING HIS TENURE OF SERVICE
Mr. Turner. Thank you, Madam Chair, Ranking Member Johnson,
and distinguished members of the committee.
It is the honor of a lifetime to appear before you as the
President's nominee to be the U.S. Permanent Representative for
the Conference on Disarmament, or CD, in Geneva. I am also
grateful to Secretary Blinken and Under Secretary Jenkins for
their support of this new opportunity for me to serve the
American people.
My parents understood what it meant to serve our country
during World War II. Likewise, my wife, Veronique, has been at
my side every step of our State Department journey and our two
children grew up in the Foreign Service family. Diplomacy has
been my life's work and I cannot think of anything I would
rather have done.
In seeking confirmation for this position, I am acutely
aware of the CD's illustrious history in producing the Nuclear
Non-Proliferation Treaty, the Biological Weapons Convention,
the Chemical Weapons Convention, and the Comprehensive Nuclear
Test Ban Treaty.
I am also aware that we have failed to gain the support of
critical countries for negotiations on a fissile material cut-
off treaty, the next logical step. Moreover, some of the arms
control treaties negotiated in the CD are, effectively, under
assault.
Most recently, Russia, a state's party that has used
chemical weapons and that has an offensive program, is making
unfounded accusations that Ukraine plans to use chemical
weapons in Russia's unprovoked war against Ukraine.
Russia's nuclear rhetoric and threats in connection with
its invasion of Ukraine are also recklessly escalatory and hard
to reconcile with President Putin's endorsement of the
statement in January by the leaders of the P5--the five nuclear
weapon states that are permanent members of the U.N. Security
Council--that a nuclear war cannot be won and must never be
fought.
Growing strategic competition, encompassing Russia's
history of arms control violations, and China's repeated
unwillingness to engage meaningfully in arms control
discussions as it builds up its own nuclear forces has caused
some to question the value of such agreements. It is true that
achieving consensus on such matters has become increasingly
elusive and difficult.
Russia's most recent actions and the PRC's tacit and, in
some cases, overt support for them have rendered the challenge
even more daunting. These developments only underscore the
continuing need for American engagement and leadership.
Given the stakes, we can only redouble our efforts as we
continue to protect our security and that of our allies and
partners. Russia is still complying with the New START Treaty.
Through the P5, the PRC acknowledged the need for engagement
with the United States on risk reduction and a dialogue to
strengthen stability.
I believe the coming year does offer further opportunities
to exert U.S. leadership. If confirmed, I would hope to
contribute to a positive outcome of the Nuclear Non-
Proliferation Treaty Review Conference later this year.
Non-proliferation remains a core national security
interest. It is the key to peaceful uses of nuclear energy and
the basis for pursuing the eventual goal of a world without
nuclear weapons, understanding that progress must take into
account today's challenging security conditions and that it can
only proceed through progressive steps subject to effective
verification.
If confirmed, I will also seek to contribute to our
successful efforts in the U.N. General Assembly's First
Committee to reinforce and strengthen international arms
control and non-proliferation cooperation, including increased
international support for development of norms of behavior in
space.
The United States is already leading the way through Vice
President Harris' announcement of a commitment not to conduct
destructive direct ascent anti-satellite missile tests.
I would also seek to build upon the Geneva diplomatic
platform offered by the Standing Delegation to the CD, which
has supported a variety of arms control and international
security efforts to include those of Deputy Secretary Sherman
and Under Secretary Jenkins in the U.S.-Russia Strategic
Stability Dialogue.
The Senate Foreign Relations Committee has a distinguished
and successful history of supporting arms control efforts on a
bipartisan basis. If confirmed, I commit to be available to
consult closely with this committee and other members of
Congress as well as their staffs.
In working to achieve our long-term nuclear disarmament and
other arms control objectives, I believe the CD remains an
essential multilateral institution. If confirmed, I will do all
that I can to make the CD an active contributor to
international peace and security while always protecting the
security interests of the United States and its allies and
partners.
Thank you, again, so much for the opportunity to come
before you today. I look forward to any questions you may have.
Thank you, Madam Chair.
[The prepared statement of Mr. Turner follows:]
Prepared Statement of Dr. Bruce I. Turner
Thank you, Madam Chair and members of the committee.
It is the honor of a lifetime to appear before you as the
President's nominee to be the U.S. Permanent Representative to the
Conference on Disarmament, or CD, in Geneva. I am also grateful to
Secretary Blinken and Under Secretary Jenkins for their support of this
new opportunity to serve the American people.
My parents understood what it meant to serve our country during
World War II.
Similarly, my wife Veronique has been at my side every step of our
State Department journey, and our children, Hadrien and Alixe, grew up
in the Foreign Service family.
In seeking confirmation for this position, I am acutely aware of
the CD's illustrious history in producing the Nuclear Non-Proliferation
Treaty, the Biological Weapons Convention, the Chemical Weapons
Convention, and the Comprehensive Nuclear-Test-Ban Treaty. I am also
aware that we have failed to gain the support of critical countries for
negotiations on a Fissile Material Cutoff Treaty--the next logical
step. Unfortunately, some of the arms control treaties negotiated in
the CD are effectively under assault. Most recently, Russia--a States
Party that has used chemical weapons and has an offensive program--is
making unfounded accusations that Ukraine plans to use chemical weapons
in Russia's unprovoked war against Ukraine. Russia's nuclear rhetoric
in connection with its invasion of Ukraine is recklessly escalatory and
hard to reconcile with President Putin's endorsement of the statement
by the leaders of the P5--the five nuclear-weapon states that are
permanent members of the U.N. Security Council--in January that ``a
nuclear war cannot be won and must never be fought.''
Growing strategic competition--encompassing Russia's history of
arms control violations and China's repeated unwillingness to engage
meaningfully in arms control discussions as it builds up its nuclear
forces--has caused some to question the value of such agreements.
Russia's most recent actions and the PRC's tacit, and, in some cases,
overt support for them, have rendered the challenge even more daunting.
These developments only underscore the continuing need for American
engagement and leadership.
Given the stakes, we can only redouble our efforts, as we continue
to protect our security and that of our allies and partners. Russia is
still complying with the New START Treaty. Through the P5, the PRC
acknowledged the need for engagement with the United States on risk
reduction and a dialogue to strengthen stability.
I believe the coming year does offer further opportunities to exert
U.S. leadership. If confirmed, I would hope to contribute to a positive
outcome of the Nuclear Nonproliferation Treaty (NPT) Review Conference
later this year. Nonproliferation remains a core national security
interest. It is the key to pursuing the eventual goal of a world
without nuclear weapons, understanding that progress must take into
account today's challenging security conditions, and that it can only
proceed through progressive steps, subject to effective verification.
If confirmed, I will also seek to contribute to our successful
efforts in the U.N. General Assembly's First Committee to reinforce and
strengthen international arms control and nonproliferation cooperation,
including increased international support for development of norms of
behavior in space. The United States is already leading the way through
its ban on anti-satellite testing.
I would also seek to build upon the Geneva diplomatic platform
offered by the standing delegation to the CD, which has supported a
variety of arms control and international security efforts, to include
those of Deputy Secretary Sherman and Under Secretary Jenkins in the
U.S.-Russia Strategic Stability Dialogue.
The Senate Foreign Relations Committee has a distinguished and
successful history of supporting arms control efforts, on a bipartisan
basis. If confirmed, I commit to be available to consult closely with
this committee and other Members of Congress, as well as their staffs.
In working to achieve our long-term nuclear disarmament and other
arms control objectives, I believe the CD remains an essential
multilateral institution. If confirmed, I will do all that I can to
make the CD an active contributor to international peace and security,
while always protecting the security interests of the United States and
its allies and partners.
Thank you so much for the opportunity to come before you today. I
look forward to any questions you may have.
Thank you.
Senator Shaheen. Thank you very much, Dr. Turner.
Senator Schumer, we have been waiting for you. We are
delighted you made it.
STATEMENT OF HON. CHARLES E. SCHUMER,
U.S. SENATOR FROM NEW YORK
Senator Schumer. Thank you very much, Madam Chair, and to
all the members of the committee, thank you for the honor of
introducing two exceptional nominees, both whip smart, both
accomplished, both experienced women who hail from New York--
Jane Hartley to be Ambassador to the United Kingdom of Great
Britain and Northern Ireland, and Connie Milstein, our next
Ambassador to Malta. It is an honor to introduce both of you.
Jane is here today with her husband, Ralph, who I hear is
having his retirement party today. Congratulations, Ralph, on
all of your hard work. Jane's children, Kate and Jamie, who
actually went to school with my daughter, Allison, could not be
here today but I am sure they are cheering their mother on from
home.
I am really proud to have urged President Biden to nominate
Jane Hartley as our Ambassador to the UK. She would be only the
second woman to ever serve as UK Ambassador and the first in
nearly half a century.
Only the second woman ever to serve as the UK Ambassador
and the first in nearly half a century. It is amazing, and I
cannot think of a more qualified person to do it than my
friend, Jane Hartley.
This is not the first ambassadorship that Jane would hold.
In 2014, she was appointed U.S. Ambassador to France under
President Obama, where her time coincided with the horrible
Paris terrorist attacks of 2015. It was an extremely difficult
period for both of our countries, and Jane represented the U.S.
with great distinction.
In the aftermath of these attacks, she dedicated her time
as Ambassador to strengthening U.S.-French counterterrorism
cooperation and was awarded the Legion of Honor from the
president of France in the recognition of her efforts.
Jane has served our country in other ways for decades, in
the Carter administration as CEO of the G-7 Group, and most
recently, as CEO of the Observatory Group, a major global firm
based in New York.
The bottom line is this. She would bring to this
ambassadorship a depth of experience, a love of democracy and
democratic institutions, and a deep loyalty to the values both
the United States and the UK hold dear.
I cannot think of a better person--I have known Jane for
decades--to be Ambassador to our longtime ally, the United
Kingdom.
It is also my honor to introduce another proud New Yorker,
Connie Milstein, whom President Biden has nominated to be the
next U.S. Ambassador to Malta. Connie is joined here by her
husband, Said, and even though they are not in attendance, I
want to acknowledge Connie's daughters, Abby and Joanna, as
well as her wonderful granddaughter, Sara. I know they are all
proud today.
Connie comes from a longtime New York family. Her
grandfather was the founder of a successful business in New
York prior to World War II, and her father, a World War II vet,
started his first company in Newbury, New York. Their roots in
the Empire State run very deep.
Connie comes before this committee as a deeply experienced
attorney, businesswoman, and advocate for international
affairs. She will make an exceptional U.S. Ambassador because
her career has been completely focused on the skills and values
necessary to any diplomatic post.
Among her experiences, she has dedicated her career to
looking out for veterans, creating successful profits like the
Dog Tag Bakery to help veterans with disabilities, served on
the Global Progress Initiative at the Center for American
Progress meeting with world leaders to discuss today's pressing
geopolitical problems, and also served on the board of trustees
of one of the great universities of New York and America, NYU,
and she expanded the university's global reach.
She also served on Nobel Peace Laureate Kailash Satyarthi's
foundation and worked with him to end childhood slavery and
trafficking.
In short, Connie is both a proud New Yorker but also a true
citizen of the world. She brings a wide range of depth and
experience to the post and I know she will carry out her
responsibilities with distinction, and I am proud to introduce
her today.
Finally, I want to acknowledge two other individuals who
are coming before the committee. The first is Alan Leventhal,
who I have known for a very long time. I notice Senator Markey
was here.
He has been nominated to serve as U.S. Ambassador to the
Kingdom of Denmark and he is one of Boston's top business
people.
And, second, I also want to recognize Bruce Turner, who you
just heard from, a longtime member of the Foreign Service
Committee--Foreign Service, rather, who has been nominated as
representative to the Conference on Disarmament. They will both
represent the U.S. with distinction.
I thank the members of the committee, congratulate all of
today's outstanding public servants for their nominations, and
yield back the rest of my time.
Senator Shaheen. Thank you very much, Senator Schumer, and
we know you have to get to the floor. So feel free to leave
whenever you are ready.
And I am going to continue down the dais if that is all
right with our nominees and ask Mr. Leventhal if he would like
to offer his testimony after he says hello to Senator Schumer,
although, Senator Schumer, you cannot claim Mr. Leventhal. I
know he is from Boston.
Senator Schumer. Right. I cannot claim him. You are right.
Senator Shaheen. He is closer to me.
Senator Schumer. He is probably even a Red Sox fan.
[Laughter.]
Senator Shaheen. Go ahead, Mr. Leventhal, and I should have
said this before you offered your testimony, Dr. Turner. Feel
free to introduce any family members or friends that you have
here with you today.
STATEMENT OF ALAN M. LEVENTHAL OF MASSACHUSETTS, NOMINATED TO
BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED
STATES OF AMERICA TO THE KINGDOM OF DENMARK
Mr. Leventhal. Chairwoman Shaheen, Ranking Member Johnson,
and distinguished members of the committee, it is a privilege
to appear before you.
I am honored to be the nominee for U.S. Ambassador to the
Kingdom of Denmark, and I thank President Biden and Secretary
Blinken for their confidence in me.
I would like to acknowledge my wife, Sherry, who has been
such a source of strength and has supported me in all my
endeavors, and I would also like to acknowledge my son, Alex,
who is here representing his sisters and brothers.
I would like to remember my parents, who instilled in me
the importance of service to community and country. This has
led me to leadership roles in organizations that have had
meaningful impact on the world.
As Senator Markey mentioned in his introduction, I served
for 10 years as chair of Damon Runyon Cancer Research
Foundation, which is known as the venture capital of cancer
research. Thirteen of the individuals we funded later won the
Nobel Prize.
I am a member of the governing board of MIT, one of the
top-rated research institutions in the world. Its mission is to
help solve the great global challenges including climate,
health, cancer, water.
In my business, I have led transformational developments to
improve the urban environment. My companies have created
thousands of affordable housing units for working families.
In each of these endeavors, I have worked with smart people
who bring diverse views, backgrounds, and experiences. I
approach each challenge by listening and treating my colleagues
with dignity and respect.
If confirmed, I hope to use these skills to successfully
advance U.S. interests and values in the Kingdom of Denmark.
If confirmed, my first priority would be to ensure the
safety and security of U.S. citizens in the Kingdom of Denmark.
My second priority will be to advance our shared security
interests, especially in light of Russia's brutal and
unprovoked war against Ukraine.
As the only country that is a member of NATO, the EU, and
the Arctic Council, Denmark partners with the United States on
many issues. Denmark currently leads the NATO mission in Iraq
and is a close global partner on security issues.
If confirmed, I will work to ensure Denmark's commitment to
stability and security as well as meeting its NATO defense
spending commitments.
My third priority is to strengthen our economic
relationships, promoting bilateral exports and recovery from
COVID-19, as well as expanding Danish investment in the United
States in order to create good-paying jobs for working
families.
Denmark has some of the world's leading companies working
on global issues like climate change. My own company, Beacon
Capital Partners, has been a leader in sustainability,
receiving EPA's Energy Star Partner of the Year award for 11
consecutive years.
If confirmed, I would draw on my experiences to promote
mutual exchanges and investment between the United States and
the Kingdom of Denmark, including the Faroe Islands and
Greenland.
My final priority, if confirmed, will be to promote and
strengthen the ties of our best academic and research
institutions with their counterparts in the kingdom.
Denmark's renowned research institutions recently marked
the 100th anniversary of both the founding of the Niels Bohr
Institute and the awarding of the Nobel Prize in physics to
Niels Bohr.
To ensure our relations are as strong in the future as they
are today, I would engage with the people of Denmark, the Faroe
Islands, and Greenland to expand people-to-people ties through
exchange programs and robust public diplomacy efforts.
If confirmed, I look forward to supporting the safety and
morale of mission Kingdom of Denmark, both at the Embassy in
Copenhagen and our consulate in Nuuk. I also look forward to
working with Congress to further U.S. priorities in the Kingdom
of Denmark, one of our closest European allies.
I would like to highlight that today, at this very moment,
the people of Denmark are lighting candles in their windows at
home for today marks Denmark's liberation from Nazi occupation
on May 4th, 1945.
It underscores that Danes have experienced brutal,
unprovoked aggression. It underscores they have experienced
occupation and it speaks to how much they value their freedom.
It is fitting that President Zelensky chose today to address
Denmark.
It would be the greatest honor to represent my country to
the Kingdom of Denmark. Thank you for your time and
consideration.
I look forward to your questions.
[The prepared statement of Mr. Leventhal follows:]
Prepared Statement of Alan M. Leventhal
Chairwoman Shaheen, Ranking Member, and distinguished members of
the committee, it is a privilege to appear before you. I am honored to
be the nominee for U.S. Ambassador to the Kingdom of Denmark, and I
thank President Biden and Secretary Blinken for their confidence in me.
I would first like to acknowledge my wife, Sherry, who has been
such a source of strength and has supported me in all my endeavors. I
also want to acknowledge my son Alexander who is representing his
sisters and brothers today. I also would like to remember my parents
who instilled in me the importance of service to community and country.
This has led me to leadership roles in organizations that have
meaningful impact on the world. I served for 10 years as Chair of Damon
Runyon Cancer Research Foundation--which is known as the venture
capital of Cancer Research. Thirteen of the individuals we funded later
won the Nobel Prize. I am a member of the governing board of MIT--one
of the top-rated research institutions in the world. MIT's mission is
to help solve the great global challenges including climate and health.
In my business I have led transformational developments to improve the
urban environment. My companies have created thousands of affordable
housing units for working families.
In each of these endeavors I have worked with smart people who
bring diverse views, backgrounds, and experiences. I approach each
challenge by listening and treating my colleagues with dignity and
respect. If confirmed, I hope to use these skills to successfully
advance U.S. interests and values in the Kingdom of Denmark. If
confirmed, my first priority would be to ensure the safety and security
of U.S. citizens in the Kingdom of Denmark.
My second priority will be to advance our shared security
interests, especially in light of Russia's brutal and unprovoked war
against Ukraine. As the only country that is a member of NATO, the EU,
and the Arctic Council, Denmark partners with the United States on many
issues. Denmark currently leads the NATO mission in Iraq and is a close
global partner on security issues. If confirmed, I will work to ensure
Denmark's commitment to stability and security, as well as meeting its
NATO defense spending commitments.
My third priority is to strengthen our economic relationships,
promoting bilateral exports and recovery from COVID-19 and expanding
Danish investment in the United States, in order to create good paying
jobs for working families. Denmark has some of the world's leading
companies working on global issues like climate change. My own
company--Beacon Capital Partners--has been a leader in sustainability,
receiving EPA's Energy Star Partner of the Year Award for 11
consecutive years. If confirmed, I would draw on my experiences to
promote mutual exchanges and investment between the United States and
the Kingdom of Denmark, including the Faroe Islands and Greenland.
My final priority, if confirmed, will be to promote and strengthen
the ties of our best academic and research institutions with their
counterparts in the Kingdom. Denmark's renowned research institutions
recently marked the 100th anniversary of both the founding of Niels
Bohr Institute and the awarding of the Nobel Prize in Physics to Niels
Bohr. To ensure our relations are as strong in the future as they are
today, I would engage with the people of Denmark, the Faroe Islands,
and Greenland to expand people-to-people ties through exchange programs
and robust public diplomacy efforts.
If confirmed, I look forward to supporting the safety and morale of
staff at the Embassy in Copenhagen and our Consulate in Nuuk. I also
look forward to working with Congress to further U.S. priorities in the
Kingdom of Denmark, one of our closest European partners.
We are stronger when working with our allies to advance our shared
security, prosperity, and values.
It would be the greatest honor to represent my country to the
Kingdom of Denmark. Thank you for your time and consideration. I look
forward to your questions.
Senator Shaheen. Thank you very much, Mr. Leventhal.
I will now ask Ms. Milstein if she would like to give her
testimony.
STATEMENT OF CONSTANCE J. MILSTEIN OF NEW YORK, NOMINATED TO BE
AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED
STATES OF AMERICA TO THE REPUBLIC OF MALTA
Ms. Milstein. Thank you, Madam Chair.
Madam Chair, Ranking Member, distinguished senators of this
esteemed committee, I am humbled and honored to appear before
you today. I am deeply grateful to the president, Dr. Biden,
and Secretary Blinken for the confidence they have placed in me
to serve as the United States Ambassador to the Republic of
Malta.
I would like to acknowledge my husband, Said Abu-Kaud, my
children, Abby and Joanna, their husbands, Rick and Bjorn, and
my granddaughter, Sara, who have all shown me unwavering love,
support, and patience in my endeavor to follow my lifelong
dream to serve our country and to continue my passionate
advocacy for fairness, justice, and democracy.
I would also like to remember my parents, Seymour and
Vivian, who taught me the values of respect, responsibility,
and giving. Their service to others was an inspiration to me to
lead a life of purpose.
My father was a proud veteran of World War II who returned
to the United States in 1945 on a hospital plane. Everyone on
that plane signed a dollar bill, which my dad carried in his
wallet until he died.
I, too, am proud to have had opportunities for service. For
decades, I have worked on programs and initiatives dedicated to
military service members, disabled veterans, their families,
and caregivers.
I have always maintained a strong interest in foreign
affairs and I have been active in public policy and global
education. My varied experiences as an attorney and
businesswoman will empower me to steward our important
relationship with the Republic of Malta.
Three priorities will guide my work. First, promoting peace
and security. If confirmed, my top priority will be to ensure
the safety and welfare of U.S. citizens living in or traveling
in Malta.
Furthermore, I will prioritize the promotion of peace,
security, and regional stability. Malta may be the smallest
country in the European Union but it has great strategic
importance based on its location adjacent to the Mediterranean
Sea's principal shipping routes and at the crossroads of
Europe, North Africa, and the Middle East.
I believe in growing the bilateral partnership between our
two nations as we come together to face regional security
challenges, transnational crime, and illicit financing.
Promoting peace and security in the region also means
encouraging inclusiveness, the protection of human rights, the
rule of law, and fundamental freedoms.
Second, promoting prosperity, trade, and people-to-people
ties. If confirmed, I will increase U.S. and Maltese economic
ties. Malta aspires to lead small island nations in sustainable
development.
Therefore, I will capitalize on our shared goals of
promoting prosperity, trade, and people-to-people ties through
U.S. innovation and commercial interests in Malta.
Third, tackling corruption and impunity. The assassination
of Daphne Caruana Galizia, an important Maltese investigative
journalist, in October of 2017 showed the danger of corruption
in Maltese politics and society.
If confirmed, I will champion rule of law efforts and an
open and free press. Rule of law reforms regarding anti-money
laundering and countering the financing of terrorism are also
critical to Malta's efforts to fully implement the Financial
Action Task Force action plan to remove Malta as a jurisdiction
for increased monitoring.
In order to fully implement these reforms, Malta will need
a stronger financial regulatory environment, which will serve
to strengthen and benefit Malta's economic institutions and
reputation for the future.
If confirmed, I would work with Malta to make these reforms
sustainable for the long term. It would be an honor to be a
member of the outstanding Embassy Valletta team and, if
confirmed, I am committed to working with the members of this
committee.
Thank you for this opportunity to appear before you. I am
happy to answer your questions.
[The prepared statement of Ms. Milstein follows:]
Prepared Statement of Constance J. Milstein.
Madam Chair, Ranking Member, and distinguished Senators of this
esteemed committee, I am humbled and honored to appear before you
today. I am deeply grateful to the President, Dr. Biden, and Secretary
Blinken for the confidence they have placed in me to serve as the
United States Ambassador to the Republic of Malta.
I would like to acknowledge my husband Said Abu-Kaud, my children
Abby and Joanna, their husbands Rick and Bjorn, and my granddaughter
Sara, who have all shown me unwavering love, support, and patience in
my endeavor to follow my lifelong dream to serve our country, and
continue my passionate advocacy for fairness, justice, and democracy. I
would also like to remember my parents Seymour and Vivian who taught me
the values of respect, responsibility, and giving. Their service to
others was an inspiration to me to lead a life of purpose.
My father was a proud veteran of WWII who returned to the United
States in 1945 on a hospital plane. Everyone on that plane signed a
dollar bill, which my dad carried in his wallet until he died. I too am
proud to have had opportunities for service. For decades, I have worked
on programs and initiatives dedicated to military service members,
disabled veterans, their families, and caregivers.
I have always maintained a strong interest in foreign affairs, and
I have been active in public policy and global education. My varied
experiences as an attorney and businesswoman will empower me to steward
our important relationship with the Republic of Malta. Three priorities
will guide my work:
First, promoting peace and security. If confirmed, my top priority
will be to ensure the safety and welfare of U.S. citizens living in or
traveling in Malta. Furthermore, I will prioritize the promotion of
peace, security, and regional stability. Malta may be the smallest
country in the European Union, but it has great strategic importance
based on its location adjacent to the Mediterranean Sea's principal
shipping routes and at the crossroads of Europe, North Africa, and the
Middle East. I believe in growing the bilateral partnership between our
two nations as we come together to face regional security challenges,
transnational crime, and illicit financing.
Promoting peace and security in this region also means encouraging
inclusiveness, protection of human rights, the rule of law, and
fundamental freedoms.
Second, promoting prosperity, trade, and people-to-people ties. If
confirmed, I will increase U.S. and Maltese economic ties. Malta
aspires to lead small island nations in sustainable development.
Therefore, I will capitalize on our shared goals of promoting
prosperity, trade, and people-to-people ties through U.S. innovation
and commercial interests in Malta.
Third, tackling corruption and impunity. The assassination of
Daphne Caruana Galizia (an important Maltese investigative journalist)
in October of 2017 showed the danger of corruption in Maltese politics
and society. If confirmed, I will champion rule of law efforts and an
open and free press.
Rule of law reforms regarding anti-money laundering and countering
the financing of terrorism are also critical to Malta's efforts to
fully implement the Financial Action Task Force Action Plan to remove
Malta as a jurisdiction for increased monitoring. In order to fully
implement these reforms, Malta will need a stronger financial
regulatory environment, which will serve to strengthen and benefit
Malta's economic institutions and reputation for the future.
If confirmed, I would work with Malta to make these reforms
sustainable for the long term.
It would be an honor to be a member of the outstanding Embassy
Valletta team, and if confirmed, I am committed to working with the
members of this committee.
Thank you for this opportunity to appear before you. I am happy to
answer your questions.
Senator Shaheen. Thanks very much, Ms. Milstein. Ambassador
Hartley?
STATEMENT OF HON. JANE D, HARTLEY OF NEW YORK, NOMINATED TO BE
AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED
STATES OF AMERICA TO THE UNITED KINGDOM OF GREAT BRITAIN AND
NORTHERN IRELAND
Ambassador Hartley. Madam Chair, Ranking Member, and
distinguished members of the committee, it is a privilege to
appear before you.
I am honored to be the nominee for the U.S. Ambassador to
the United Kingdom of Great Britain and Northern Ireland, and I
thank President Biden for his confidence in me.
The sense of history with our closest ally is, certainly,
not lost on me. I follow in the footsteps of many great
Americans, including John Adams, John Quincy Adams, and Martin
Van Buren.
I am also thrilled, as Senator Schumer has just said, to be
the second woman in history to be nominated to this role, and I
salute Anne Armstrong for leading the way.
First, though, I would like to thank my family--my
children, who are the light of my life--Chuck mentioned
earlier--Kate and Jamie. Whatever I do in life, my most
important title will always be mom. And, of course, my husband
who is with me today, and partner of 39 years without whose
support none of this would be possible.
My parents taught me that we were lucky to live in the
greatest country on Earth and that the highest honor was to
serve our nation. From my early life, I have believed this
strongly and public service has been very important to me.
My time as Ambassador to France coincided with the terrible
surge in terrorism that shook our two nations. The
extraordinary staff at Embassy Paris performed their duties
with grace and strength in the face of terror and loss.
It emphasized to me that dedicated American and local staff
of our overseas missions and everywhere in our Government
advance our interests and protect our security every single
day. It was another reminder how critical public service is to
our nation.
The UK and the United States are two great countries bound
by history, friendship, and especially now a shared commitment
to the universal values of freedom and liberty.
During the ongoing crisis in Ukraine we have seen the
strength of the UK response and the many ways also in which the
British public has volunteered in support of Ukrainians.
If confirmed, it will be my mission to strengthen America's
special relationship with the UK and I hope to focus on four
overarching goals.
First, protect Americans and deepen bilateral security
cooperation. My top priority will be the safety and security of
Americans. As the recent events in Europe have made very
clear--crystal clear, frankly--we have no more capable partner
in defending against threats to international security than the
UK.
If confirmed, I will build on these decades of close
bilateral security cooperation. I will also work tirelessly to
uphold the Belfast Good Friday Agreement, which has been the
bedrock of peace and stability and prosperity in Northern
Ireland for 25 years.
Second, I will broaden economic ties and expand technology
and innovation and collaboration. If confirmed, I will focus on
reinvigorating bilateral trade, broadening job opportunities
for American workers, and addressing the climate crisis.
Increasing collaboration supports prosperity for both the
United States and the United Kingdom.
Third, I will promote and defend our shared values of
democracy and freedom. If confirmed, I will seek to strengthen
bilateral cooperation, to rebuild public faith in democracy,
combat authoritarianism wherever it may be, and ensure that our
liberty is never ever taken for granted.
Fourth, I will capitalize on the strong ties between our
people to guarantee the strength of our enduring alliance. To
deepen connections between our people, I will encourage
exchanges between our two peoples and ensure citizens from
across the United Kingdom, particularly young people, are
exposed to the full diversity of our country.
None of this is possible without the dedicated and
extraordinary talented teams and their family at Embassy London
and at our consulates in Hamilton, Edinburgh, and Belfast.
I intend to build on their successes, promote American
interest, and advance our shared goals together with our
closest ally, the United Kingdom.
It is my honor to be considered to represent the United
States as Ambassador to the United Kingdom of Great Britain and
Northern Ireland. I look forward to partnering with Congress to
further priorities in the UK.
And now I would be happy to answer any questions.
[The prepared statement of Ambassador Hartley follows:]
Prepared Statement of Hon. Jane D. Hartley
Madam Chair, Ranking Member, and distinguished members of the
committee, it is a privilege to appear before you. I am honored to be
the nominee for U.S. Ambassador to the United Kingdom of Great Britain
and Northern Ireland, and I thank President Biden for his confidence in
me.
The sense of history with our closest ally is certainly not lost on
me. I follow in the footsteps of many great Americans including John
Adams, John Quincy Adams, and Martin Van Buren. I am also thrilled to
be the second woman in history to be nominated to this role, and salute
Anne Armstrong for leading the way.
I would like to thank my family. First my children, who are the
light of my life. My most important title will always be ``Mom.'' And
of course, my husband and partner of 39 years, without whose support
none of this would be possible. My parents taught me that we were lucky
to live in the greatest country on earth, and that the highest honor
was to serve your nation.
From my early life, public service has always been important to me.
My time as Ambassador to France coincided with a terrible surge in
terrorism that shook our two nations, but the extraordinary staff at
Embassy Paris performed their duties with grace and strength in the
face of terror and loss. It emphasized to me the dedicated American and
local staff of our overseas missions--and in our Government--advance
our interests and protect our security every day. It was another
reminder of how critical public service is to our nation.
The UK and the United States are two great countries bound by
history, friendship, and especially now, a shared commitment to the
universal values of freedom and liberty. During the ongoing crisis in
Ukraine, we have seen the strength of the UK response and the many ways
in which the British public has volunteered in support of Ukrainians.
If confirmed, it will be my mission to strengthen America's special
relationship with the UK, and I hope to focus on four overarching
goals.
First, protect Americans and deepen bilateral security cooperation.
My top priority will be the safety and security of Americans. As recent
events in Europe have made clear, we have no more capable partner in
defending against threats to international security than the UK. If
confirmed, I will build on these decades of close bilateral security
cooperation. I will also work tirelessly to uphold the Belfast/Good
Friday Agreement, which has been the bedrock of peace, stability, and
prosperity in Northern Ireland for nearly 25 years.
Second, broaden economic ties and expand technology and innovation
collaboration. If confirmed, I will focus on reinvigorating bilateral
trade, broadening job opportunities for American workers, and
addressing the climate crisis. Increasing collaboration supports
prosperity for both the United States and the UK.
Third, promote and defend our shared values of democracy and
freedom. If confirmed, I will seek to strengthen bilateral cooperation
to rebuild public faith in democracy, combat authoritarianism, and
ensure our liberty is never taken for granted.
Fourth, capitalize on the strong ties between our people to
guarantee the strength of our enduring alliance. To deepen connections
between our people, I will encourage exchanges between our two peoples
and ensure citizens from across the United Kingdom, particularly young
people, are exposed to the full diversity of our country.
None of this is possible without the dedicated and extraordinarily
talented teams and their families at Embassy London, and at our
Consulates in Hamilton, Edinburgh, and Belfast. I intend to build on
their successes, promote American interests, and advance our shared
goals together with our ally, the United Kingdom.
It is my honor to be considered to represent the United States as
Ambassador to the United Kingdom of Great Britain and Northern Ireland.
I look forward to partnering with Congress to further U.S. priorities
in the UK and would be happy to answer your questions.
Senator Shaheen. Thank you very much, Ambassador Hartley,
and thank you to each of you for your testimony and for your
willingness to serve the country at this critical time.
We have lost Senator Johnson to another committee but
Senator Barrasso will be coming back shortly to--on the side of
the ranking member, and we will have five-minute questioning
rounds. I will begin and we will alternate between Republican
and Democrat on the committee.
I would like to ask each of the ambassadorial nominees
about an issue that I have been following closely and am very
concerned about.
I am sure you have all seen the reports of directed energy
attacks that have affected our Government employees around the
world, and I want to be clear that each of you are sufficiently
prepared to respond accordingly should anything happen in the
Embassy that you would be representing.
I understand that the State Department includes a briefing
on this as part of the ambassadorial seminar that you are
required to attend. But can I ask each of you, if confirmed,
will you commit to attending that seminar on AHIs and seek a
classified briefing with the State Department?
Ambassador Hartley?
Ambassador Hartley. Yes, I will, and I already did attend
that seminar and will be seeking a classified briefing, and
London is very important because there is a huge medical
facility at the Embassy.
So I want to make sure we are totally informed of
everything that has happened and I promise you I will have the
briefings and I take this issue very seriously.
Senator Shaheen. Thank you very much.
Ms. Milstein?
Ms. Milstein. Yes, Senator. I also have taken the course
and have learned about the AHI situation. I know at the Embassy
in Valletta there have been no cases, at least not so far. But
I take this matter very seriously.
Senator Shaheen. Thank you. And Mr. Leventhal?
Mr. Leventhal. Senator Shaheen, I understand the
seriousness of the issue. I am committed to taking the course
and, if I am confirmed, to work diligently and if I become
aware of an issue to notice people in the appropriate channels
and deal medically with the issue to the best extent possible.
Senator Shaheen. Thank you very much.
And, Dr. Turner, I assume as a career member of the Foreign
Service you are very aware of this issue?
Mr. Turner. Indeed, I am. I am very aware of it and it
occurred in a couple of the posts that I was dealing with very
closely while I was still in the State Department and including
the city to which I may be assigned. So very aware of this
issue. Thank you.
Senator Shaheen. Thank you.
Ambassador Hartley, I would like to begin my questions with
you--general questions--and you pointed out some of the notable
Americans who have preceded you as Ambassador to the United
Kingdom.
I would just point out that there is a very close tie with
the state of New Hampshire because former New Hampshire
Governor John Winant served as Ambassador to the United Kingdom
during most of World War II and is very decorated, somebody
most Americans do not know a lot about--Governor Winant.
But he was a Republican who was nominated by President
Roosevelt and served very honorably as Ambassador. So we know
you will follow in his footsteps.
You talked a little bit about the challenges of the war in
Ukraine and what a great ally the United Kingdom has been, of
course, not just in this war but throughout so much of American
history.
One of the challenges that I have heard from some
representatives of Great Britain are the overseas territories
that have in the past been havens for corruption and for
Russian money.
Can you talk about what priorities we might initiate and
how we can engage Great Britain to look at those overseas
territories and see how we can cooperate more closely on those
as we are looking at how do we hold oligarchs and those
responsible for the war in Ukraine accountable?
Ambassador Hartley. Senator Shaheen, I should tell you
Governor Winant was in my testimony. He is a role model for me.
And, unfortunately, the State Department thought it was too
long so he was eliminated. But----
Senator Shaheen. They should never eliminate Governor
Winant when I am chairing the hearing.
[Laughter.]
Ambassador Hartley. I know. I should tell them that.
Listen, I think your question is very important. I have
been very impressed with what the UK has been doing since the
Ukraine situation, invasion, war.
I think they have been leaning forward tremendously in
terms of sanctions on individuals and on institutions. I think
at this point they have sanctioned approximately 1,500.
They have also--there is a piece of legislation that I
think has just made its way through Parliament kind of talking
about one of the things you are mentioning, which is--it is
called dirty money. That is not the official title. But they
are looking to get at investment, especially in shell companies
in the United Kingdom and for the first time, really, to try to
both sanction and open up the books.
I think both in terms of territories and in terms of what
is happening in London right now, I think this is something
that is a huge priority for the Government and I salute them
for how aggressively they are pursuing this.
Senator Shaheen. Thank you. My time is up.
Senator Kaine?
Senator Kaine. Thank you, Madam Chair, and how delightful
to see all of you here. I am very, very, very happy to be at
this hearing with you and I congratulate you on your
nominations.
Ambassador Hartley, let me begin with you. On May 5, voters
go to the polls in Northern Ireland to elect the Assembly. Sinn
Fein is the former political wing of the Irish Republican Army
and they are projected to become the biggest political bloc in
the Assembly, which would be the first time a party devoted to
unification of Ireland would be the dominant political party in
that fractious--often fractious region.
Uniting Ireland is not on the ballot but the potential
historic shift comes 24 years after the Good Friday Accord
ended three decades of sectarian bloodshed.
Even though Brexit has exacerbated some of the political
and economic challenges within Northern Ireland, the UK and
Ireland remain very, very committed to the continued
functioning and implementation of the Good Friday Accord.
Should you be confirmed, what might you do to make sure
that this accord, which the U.S. also invested such significant
diplomacy to achieve, would continue to move forward in a
harmonious way?
Ambassador Hartley. Senator, I totally agree with you. I
think the most important thing is to make sure the Good Friday
Belfast Agreement stands. It has created peace and prosperity
and stability in Northern Ireland for approximately 25 years.
I think the Congress and President Biden has made that
clear, and if confirmed as Ambassador, I would continue to not
only make it clear but make sure both the UK and Northern
Ireland knew--the Government in Northern Ireland knew this was
a priority for us.
I will say also there has been an executive where there has
been a power-sharing arrangement in Northern Ireland and,
frankly, that has worked quite well and that is part of what
has helped bring both economic prosperity and stability to the
Government there.
I would hope, depending on what happens in the elections
this week, both parties continue to talk to each other because
it really has worked quite well for the people of Northern
Ireland.
Senator Kaine. It is very important. I will admit some
bias. Seven of my eight great grandparents were born in Ireland
and the eighth was born in Scotland to an Irish mother and so I
am about as Irish as it gets.
The Good Friday Accord is not only important in bringing
peace to that region but we cite it all the time as reason not
to be pessimistic about other regions that have not yet found
the path to peace.
If it can be done in Ireland and Northern Ireland it can be
done, and so there is a lot of reason to make sure that we
continue to put our shoulder to forward progress.
Ms. Milstein, really good to see you and I wanted to ask
you a question about the topic of the day that is important all
around the world, including in Malta.
Golden passports, formerly known as citizenship by
investment, are programs that grant citizenship to foreign
investors who buy expensive real estate or other assets and
make sizable investments in countries.
Thousands of those passports have gone to Russia's elite in
recent years, including many well-known oligarchs, amid
concerns that the program enables money laundering and other
financial schemes.
Malta has been under some pressure from the EU and they
have put its golden passport scheme on hold for Russians and
Belarusians and they are considering ending it altogether.
Obviously, that is domestic politics for Malta. According
to Forbes, more than 40 percent of the 111 Russian-born
billionaires have at least one other passport and nearly half
of the 35 sanctioned billionaires have dual citizenship.
How can the U.S. work with Malta to place additional
pressure on Russian oligarchs and Putin's allies?
Ms. Milstein. Thank you, Senator Kaine, for that question.
It is, indeed, a problem in Malta and the Maltese Government is
aware of this situation.
As you mentioned, they have upped their vetting process of
applicants, particularly since the situation with Russia has
increased in seriousness.
The Russians and the--I know of two instances where, as you
mentioned, the residency of a Russian national as well as a
Belarusian national they were both pulled, and if confirmed, I
will work with Malta on rigorously vetting applicants to
prevent any loopholes and eroding any kind of sanctions and
restrictions.
Senator Kaine. Thank you for that, Ms. Milstein.
One other thing I will just say to you is that Malta has
been a pretty valuable partner in dealing with refugees. Often
refugees coming through the Mediterranean have needed to come
to Malta for safe haven and Malta has been--Malta and many NGOs
in Malta have been really helpful in dealing with some of these
significant humanitarian challenges and I would hope, if you
are confirmed, you will do what you can from the U.S. Embassy
there to be a good ally in those efforts and, knowing you, I do
not have any doubt that you will be.
So with that, Madam Chair, I yield back.
Senator Shaheen. Thank you, and I want to follow up on that
a little bit, Ms. Milstein, because, obviously, one of the
challenges is the Russian influence in Malta, and as we look at
what is happening in Ukraine do we have any sense that Russia's
invasion of Ukraine has changed how some of the residents of
Malta and the officials feel about Russia and potential for
Russia to gain influence in the country? And also, how might we
use this period to take better advantage of the opportunity to
counter that Russian influence in Malta?
Ms. Milstein. Thank you, Senator, for that question.
It has, indeed, been an issue in Malta and I know of media
reports that Malta has, as I said, taken steps to strip Maltese
citizenship and residencies from at least the sanctioned
Russian nationals.
They are further working toward doing what they can as far
as the citizen--the general citizenship by investment program
in terms of being much more particular in terms of their
vetting process, and I think this is extraordinarily important.
Senator Shaheen. I, certainly, agree with that and think
that this is a period where it is very clear who is on the side
of good and who is on the side of evil, and for those people
around the world who are watching what is happening in Ukraine
this is an opportunity to remind them that most people do not
want to be on the side of what Russia is doing in Ukraine.
Mr. Leventhal, again, the war in Ukraine has really
overshadowed so much of what is going on in the world right
now. Can you talk about what Denmark's view is of how the war
affects European security and do you know if Denmark supports
expanding participation to Finland and Sweden in NATO?
Mr. Leventhal. Senator Shaheen, thank you for the question.
Denmark has been a very close ally of the U.S. and a partner in
Afghanistan and Iraq, a very strong voice against Russian
aggression.
It has sent arms to the Baltic, to Estonia. It has sent
troops to Latvia, sending a battalion of F-16s to Lithuania. So
it partners with the U.S. and has been a very strong ally.
In fact, Denmark has talked about the U.S. being its
security partner of choice. Denmark is very supportive, number
one, of the open door policy of NATO, that any country has a
sovereign right to put in an application. The prime minister of
Denmark, Mette Fredriksen, has actually stated that she
supports the membership of Finland and Sweden to NATO.
I think Denmark is a very important partner in a time of
great upheaval and great change and great concern and, if I am
confirmed, I will work to further our security priorities with
the Kingdom of Denmark.
Senator Shaheen. Thank you, and I was pleased to see
Denmark commit to meeting its 2 percent defense spending
requirement for NATO by 2033. That seems like a long time away,
especially given the urgency of what is happening right now.
Can you comment on whether there is any room to move that
deadline up earlier and what are the barriers that might be
prohibiting Denmark from trying to increase its defense
spending sooner?
Mr. Leventhal. Senator Shaheen, I think it was an important
step that Denmark now has committed to meeting its Wales pledge
of getting to 2 percent of GDP. It is true 2033 sounds a long
time from now. They have increased their current budget by a
billion dollars. Part of that is defense. Part of it is
humanitarian aid, part diplomacy.
If I am confirmed, I will work with the Danish Government
to see if that commitment can be accelerated earlier than the
2033 date.
Senator Shaheen. Great. Thank you. Senator Barrasso?
Senator Barrasso. Thank you very much, Madam Chairman.
Ms. Milstein, it is critically important that people
serving our nation as Ambassadors demonstrate professionalism
and good judgment. With that in mind, I want to bring up your
campaign actions in Wisconsin in the year 2000.
You were an adult in your 50s campaigning for the
presidential campaign of Al Gore. During the campaign you were
involved in something called ``smokes for votes'' and it turned
out to be a scandal in Wisconsin.
The Milwaukee district attorney at the time explained that
it appeared between 15 and 20 homeless men were given tobacco
products in exchange for filling out absentee ballots for
candidate Al Gore.
Media reports noted that you, specifically you, were caught
on tape handing out cigarettes to homeless men from the
Milwaukee Rescue Mission in exchange for their votes--as a
doctor, I would point out that smoking causes cancer--while the
executive director of one of the three shelters, Patrick
Vandenburgh, was reported as saying that you and six other Gore
volunteers approached the homeless men and they initially did
not want to register. This executive director went on to say
that they went only after you and the volunteers held up packs
of cigarettes to entice them.
A Milwaukee Rescue Mission employee told reporters he had
to ask Democratic campaign volunteers, you, to leave the
property after he caught them trying to bribe potential voters
with cigarettes.
The campaign for Al Gore distanced themselves from you and
your actions. A representative of the Gore campaign in
Wisconsin issued this statement about your activities, quote,
``This kind of activity described by Channel 12''--it made the
news--``is not the kind of help we asked for and it is the kind
of help we flat out reject.''
In Wisconsin what you did was illegal and you, ultimately,
paid a fine of $5,000 for your illegal activities in the
campaign. To me, this action raises considerable concerns about
your nomination and the vetting process of this administration.
So I would like to give you the opportunity for the
committee and others so you can address your involvement with
this scandal.
Ms. Milstein. Thank you, Senator, for your question. As you
mentioned, this incident happened more than 20 years ago. I do
not recall the full details that you are reciting at the
present time. I am happy to take your question back for the
record and provide you with all the necessary information.
Senator Barrasso. The record is clear you did pay a $5,000
fine and I will be happy to get your written response to that
because I think this calls into question the nomination as well
as the vetting process.
[Ms. Milstein's response to Senator Barrasso's question
follows:]
Ms. Milstein's Additional Response
Answer. In November 2000, I participated as a volunteer in
get-out-the-vote efforts in Milwaukee in support of the Gore
campaign. I was a smoker at the time, and I gave cigarettes to
some of the individuals that I helped bring to the polls. It
was subsequently alleged that I had exchanged those cigarettes
for votes. To be very clear--I never exchanged cigarettes,
packs of cigarettes, or anything else for votes. The Milwaukee
County District Attorney thoroughly investigated those
allegations, and did not charge me or anyone else with trading
cigarettes or anything else for votes in connection with this
incident. His investigation did not find anything improper
about the votes cast by the voters that I helped turn out--they
were merely Milwaukee voters who lawfully exercised their right
to vote.
There was an ancillary question of whether I inadvertently
violated a since-repealed civil campaign finance law on
permissible election-related disbursements by providing
cigarettes to those voters. Although I was advised at the time
that there were strong arguments I had not violated that
campaign finance provision, I ultimately chose to avoid further
proceedings and litigation costs and settled the matter in
Milwaukee County Small Claims Court for a $5,000 civil penalty
in May 2001.
Thank you again and please let me know if you have any
additional questions about the foregoing or if you would like
to have a call to discuss.
Senator Barrasso. Ms. Hartley, if I could ask you now, the
United Kingdom is an important trade and economic partner to
the United States. In 2020, the United Kingdom was the world's
fifth largest economy. Bilateral investment between our two
countries is the largest in the world.
Given the potential for market access and to align
regulations, there is a lot of interest in a trade agreement
between the United States and the United Kingdom. That would
reaffirm our long-standing alliance, build upon our strong
economic relationship. The U.S. and UK conducted five rounds of
negotiations on a bilateral free trade agreement two years ago.
Could you please outline the potential benefits for the
United States in having a free trade agreement with the United
Kingdom?
Ambassador Hartley. Yes, Senator. Thank you for the
questions.
I agree with you. The UK is a critically important trade
partner for the UK--for the U.S. I think between our bilateral
trade it creates about a million jobs. We are their biggest
source of foreign direct investment and we are their biggest
trading partner.
So I could not agree more. They also have a market that is
particularly a positive for the U.S. Same language, well
trained educated workforce, the rule of law, strong financial
systems.
So I agree with you that it is a very important trade
partner and I am happy to see, as you probably know, there have
been quite a few conversations recently in terms of a trade
dialogue by--with Ambassador Tai and their Minister for Trade.
I think we have had two most recently and there will be
another one in Boston in a couple of weeks talking about small
and medium businesses.
Senator Barrasso. Thank you. One last question and that is
for Dr. Turner, because our time is limited.
There are concerns that Russia might deploy nuclear weapons
to neighboring countries. In February, Belarus approved a new
constitution renouncing its nonnuclear status. U.S. Acting
Permanent Representative to the Conference on Disarmament
addressed the issue in March.
She stated, ``Any movement of Russian nuclear weapons into
Belarus would be dangerously provocative and further
destabilize the region. We call on Belarus''--this is her
speaking--``to reject Russia's policies of nuclear threat and
intimidation.''
So do you agree with the statement and is there any
indication that you have seen that Russia has moved nuclear
weapons into Belarus?
Mr. Turner. Thank you, Senator, for that question.
I have not seen any indication that that is the case. I
mean, this is one of the many kinds of threats--reckless
threats, escalatory threats--that Russia is issuing at this
time, obviously, something that, if confirmed, we would want to
continue to follow very, very closely and work with our allies
and friends to decide how to deal with that kind of an issue.
Senator Barrasso. Thank you, Mr. Chairman.
The Chairman [presiding]. Thank you. Let me congratulate
all of you on your nominations. I am pleased that we are
considering nominations for critical posts, including some of
our key European allies and partners.
Over the past few months, we have been reminded of just how
critical the transatlantic alliance and relationship is and the
importance of strengthening partnerships with those who share
our commitment to fundamental democratic values.
That unity remains paramount as we work to provide Ukraine
everything that it needs to counter Russia's brutal and
unprovoked war. Every country has a part to play--I just met
with a whole slew of parliamentarians from Europe--and we need
ambassadors in place to support these efforts, strengthen ties,
and maintain that unity.
I, personally, look forward to advancing your nominations
as quickly as possible, assuming I get the right answers.
Let me start off with Ambassador Hartley. It is good to see
you again. I am a believer in our special relationship with the
United Kingdom and I am deeply grateful for the United
Kingdom's efforts to support Ukraine and stand up for democracy
across the globe.
However, the United States also has an important role to
play as a guarantor of the Good Friday Agreement, protecting
peace on the island of Ireland.
I want to ask you, will you commit to using your voice to
protect and push for the full implementation of the Good Friday
Agreement, including through measures like a bill of rights for
Northern Ireland, the Irish Language Act, and the establishment
of a civic forum?
Ambassador Hartley. Yes, Senator, I will. Senator Kaine had
asked me that question previously------
The Chairman. Okay.
Ambassador Hartley [continuing]. And I think this
administration and this President has made it very clear that
the Good Friday Belfast Agreement has been critically important
to Northern Ireland in bringing peace, stability, and economic
stability as well, and that we have to make sure that nothing
ever happens to jeopardize that.
I did also say, because Senator Kaine brought up the
elections that are happening later this week, that I think the
executive and the power sharing agreement that has been
happening in Stormont is also very, very important to progress
in Northern Ireland. I would absolutely make sure both parties
are communicating with each other and I commit to you, yes,
that I will.
The Chairman. Thank you. I did not want to be redundant. I
was not able to view the hearing while I was with these
parliamentarians but I am glad to hear your answer. These are
the same points I pressed with Prime Minister Boris Johnson
when he was here visiting with us not too long ago.
One other question on Ireland. The British Government has
reportedly been considering proposals to include a statute of
limitations for all prosecutions during the troubles up to
April of 1998 as well as the creation of an information
recovery body.
I am a firm believer that there can be no peace in Ireland
without justice and I am concerned that new bodies floated in
the Government command paper would be less effective than those
that were agreed to in the Stormont House Agreement, which was
actually a British document that, ultimately, got agreed to.
Will you commit to standing up for the rights of those in
Northern Ireland to seek accountability for trouble, errors,
crimes and to advocate for the full implementation of the
Stormont House Agreement?
Ms. Hartley. Yes, I will.
The Chairman. Thank you. Let me turn to--now, Ms. Milstein,
I caught the tail end of Senator Barrasso's concerns, and my
understanding--and please correct me if I am wrong--you were a
volunteer in the Gore campaign in 2000. That is 22 years ago,
by the way, and the question was about in the process of giving
rides to voters whether you offered them some cigarettes, and
at the end of the day, the Milwaukee district attorney
investigated, found no wrongdoing or evidence that cigarettes
were provided in exchange for votes.
If that is the case, I can assure you that we have had
nominees here, especially from the previous administration,
nominees who were, clearly, under investigation by the IRS
presently who, ultimately, got indicted, and members of this
committee voted for that individual.
So 22 years ago for something that the Milwaukee district
attorney said was no violation of criminal law is something I
do not quite understand being an impediment to moving forward
in your nomination. But I look forward to your response to
Senator Barrasso in your written response.
I do have a concern about money laundering as it relates to
Malta. The Financial Action Task Force has assessed that Malta
needs to do more to support law enforcement efforts to address
money laundering.
As you--as we work to expose and rid our systems of malign
foreign and oligarchic influence, will you work with Malta to
promote greater transparency in its financial systems?
Ms. Milstein. Thank you for that question, Senator
Menendez.
It would be a great honor for me and I look forward to
working with Malta to try to get them removed from the
jurisdictions which are under scrutiny and by FATF.
This is an international body, as well you know, and the
United States is always given more credit than it really has in
terms of turning things around. But I am happy to report to you
that the prime minister is working to do what he can to get
Malta removed from that list as well.
The Chairman. All right.
And then, Mr. Leventhal, Denmark has announced plans to
boost gas output in an effort to become energy self-sufficient
and bolster European energy security. How large of a role do
you think Denmark can play in helping wean Europe off of
Russian fossil fuels and is there a role for the United States
in supporting Denmark's efforts?
Mr. Leventhal. As I am sure you are aware, Senator, Denmark
has played a leading role in climate change and leading in
moving from a fossil fuel economy. They lead in windmill
production across the world, about 25 percent of production. I
think Denmark has an important role to play.
The Chairman. I hope we will help them. I understand that
Senator Booker is actually joining us virtually so let us call
upon him. Senator Booker?
[No response.]
The Chairman. Now it is the problem for Madam Chair here to
figure it out. So------
[Laughter.]
The Chairman [continuing]. Senator Booker was supposedly
on. Thank you for your answers.
Senator Shaheen [presiding]. All right. He has got to be
here in person. Okay. No one is in line for questions. I do
have a couple more, if you will indulge me.
I do not know, Senator Barrasso, if you are finished. But,
Dr. Turner, I wanted to ask you a little bit about where we are
with our engagement on non-proliferation because I do think it
is very important for the United States to lead in the world,
and I wonder if you can talk about the ways in which the United
States can substantively reengage with the Conference on
Disarmament and what the implications are for our policy if we
are not able to improve international engagement.
Mr. Turner. Thank you for that question. It is a very
complicated one, I think, in a number of ways. The United
States is, obviously, engaged in these institutions, as in many
institutions.
Unfortunately, over the past several years, in terms we
have gone from an era of cooperation to lots of competition now
among great powers and contestation as well of policies that
are being put forward.
This is a very real challenge. There is very little
political will to reach agreement on some of these issues. It
is, nonetheless, important for us to fight the good fight.
We are a responsible nuclear power that is pushing to
reduce the role of nuclear weapons while maintaining our
deterrence relationships and progressing according to the NPT
treaty, progressing toward the eventual goal of a world without
nuclear weapons by pursuing negotiations in good faith on
effective means, and the question is on effective means.
And, unfortunately, as we all know, Russia is currently
violating any number of agreements. It has revealed itself to
be an irresponsible nuclear power weapons state, unlike the
United States, France, and the UK.
China has more or less tried to avoid responsibility in
this area, preferring to leave everything to the United States
and Russia. But we will continue to fulfill our goals. We want
to use the Review Conference to strengthen the NPT regime.
We are working hard to persuade China to engage with us
bilaterally on risk reduction measures, more transparency, to
start acting like the responsible global power that it claims
that it is.
The Russian problem is a separate issue for the moment. We
do have the New START Treaty, which we have extended now for
another five years. We had started the Strategic Stability
Dialogue to talk with Russia about things we might do in the
future.
Our goal, obviously, is to capture all of those theater
nonstrategic nuclear weapons that Russia is directly or
indirectly threatening to use at this very moment, and then
with China to get--again, to put in place some mechanisms that
will lead to strategic risk reduction.
So the NPT Review Conference in August is going to be very
important to that end. We have had some success in the U.N.
First Committee in pushing norms of behavior in space. There is
an open-ended working group that will go for a couple of years
and that is also something that we can build on.
And, finally, at the very end of the year, there will be a
review conference for the Biological Weapons Convention to
which we have appointed a special envoy and the idea there is
to break the deadlock, which is--has gone on now for about 20
years.
We do not want to have a full negotiation of a protocol but
we are looking at ways to strengthen the regime, perhaps
through the creation of an expert group that would meet for a
couple of years and try to come up with some practical
measures.
Thank you.
Senator Shaheen. Thank you. I am particularly interested in
what is happening looking at space because this is a new
frontier, really, in terms of the potential to put weapons in
space.
And can you talk a little more about the progress that that
review committee is making?
Mr. Turner. When it comes to space, recently we had the
Vice President which--who stated that we ourselves would no
longer conduct anti-satellite--direct ascent anti-satellite
destructive tests in space. So there is that problem.
The Russians, as you know, conducted a test in mid
November, which put many thousands of pieces of debris into
space and which endangered the Space Station. So that is the
sort of thing that we do not want to do.
Over many, many years, Russia and China have put forward
different kinds of treaty proposals that called for no first
placement of weapons in outer space at the very same time that
they are now sending satellites into space, which are capable
of maneuvering behind other satellites, which have fired
projectiles into space, and then they have their direct ascent
test.
So the fact of the matter is is that countries are
developing weapons for use in space with the intent of denying
the United States use of space or denying us some use of space
over a long period of time.
We depend more on space than many of--they do for our
communications purposes. So this is a very serious issue. The
proposal to develop norms of behavior in space is to develop
something that would be parallel to what we have in the oceans
or commercially in the air, which would--again, it will not
solve the problem of what is happening in space but it will at
least make it manageable.
It will make it possible to distinguish commercial
satellites from military satellites and, perhaps, develop some
measures that you keep a certain distance from other satellites
in order to avoid putting yourself into a situation where that
is perceived as a threat.
Senator Shaheen. Thank you very much. I look forward to
hearing more about the progress there.
Ambassador Hartley, my last question is for you, and I
think you have a unique perspective on this, having served as
Ambassador to France and now looking at the position at the
United Kingdom.
As you know, we have a new security agreement with
Australia, the United Kingdom, and the United States. It is
known as AUKUS, and it takes a look at the opportunities for us
to have an allied response to the growing threat from China and
North Korea in the Indo-Pacific.
Can you talk about how important that is and what further
opportunities we have to collaborate with AUKUS?
Ambassador Hartley. I agree, Senator. I think AUKUS is an
incredibly important agreement. It deepens our already strong
relationship in terms of Five Eyes, particularly with the UK.
But it also strengthens--gives us depth and ability to
understand more about what is happening in the Indo-Pacific. UK
recently, in their last integrated review, said that there was
going to be a tilt in their government toward the Indo-Pacific,
and we see them spending both more money and they have had
various warships there over the last months.
I think, for us, working with the UK and Australia will be
very important and especially the technology component and,
once again, I am not confirmed so I do not have a lot of
information on this. But the technology component of this deal
is going to be very, very important for us.
Senator Shaheen. Thank you.
Senator Barrasso, you have no further questions, and I do
not think there is anyone else waiting to come. So with that, I
would like to thank all of our nominees today for your
testimony and, again, for your willingness to serve the
country.
I look forward to working with each of you, should you be
confirmed, and I know that we are all hoping that these
nominations will move forward as expeditiously as possible
because one of the lessons from the war in Ukraine is just how
important it is for us to have ambassadors on the ground who
can represent American interests. We do hope to be able to move
these as quickly as possible.
For the information of all senators, the record of this
hearing will remain open until close of business tomorrow,
Thursday, May 5th. To my colleagues on the committee, I hope
that they will submit any questions during that time.
And to the nominees, if you have any additional questions I
urge you to answer those as fully and expeditiously as possible
so that we can move forward with your nominations.
With that, the hearing is adjourned and congratulations to
all of you.
[Whereupon, at 3:22 p.m., the hearing was adjourned.]
----------
Additional Material Submitted for the Record
Responses to Additional Questions for the Record Submitted
to Dr. Bruce I. Turner by Senator James E. Risch
Question. Just this January, Russia publicly affirmed that, ``a
nuclear war can never be won and must never be fought.'' Since then,
Russian leaders have issued more than a dozen threats of nuclear use
against nations supporting Ukraine. Was Russia lying in January? Or are
its current threats hollow?
Answer. Russia's rhetoric on nuclear use is inconsistent with the
January P5 joint statement and totally unacceptable. At the same time,
the United States has not seen any evidence that Russia is preparing to
launch a nuclear attack. It is in all of our interests to maintain the
76-year plus record of non-use of nuclear weapons, and Russia should
put into practice the sentiments of the January statement.
Question. The administration believes China may be willing to
engage in arms control discussions with the United States in order to
protect its reputation. Do you agree, given China's tacit support of
Russia in its unprovoked, unjustified war in Ukraine?
Answer. While making the case that arms control that advances
stability and predictability is in Beijing's security interest, the
United States will simultaneously marshal support from U.S. partners to
impose diplomatic and reputational pressure on the People's Republic of
China (PRC) that counters its self-serving narrative about the ``benign
nature'' of its nuclear build-up. Alone, reputational costs are
unlikely to force Beijing to the table. But together with a commitment
to advance U.S. capabilities to defend against a range of PRC threats
and maintain a credible and strong deterrent, the United States will
help ensure Beijing understands that there is no benefit to be gained
from refusing to engage.
__________
Responses to Additional Questions for the Record Submitted
to Dr. Bruce I. Turner by Senator Marco Rubio
Question. The Outer Space Treaty, which entered into force in 1967,
prohibits the placement of nuclear weapons or weapons of mass
destruction in space, and prohibits the use of the moon or other
celestial bodies for military purposes, but does not limit conventional
armaments from being placed in orbit. In recent years, militaries
around the world have been preparing for future conflicts in space with
the proliferation of space technologies such as anti-satellite weapons
being developed and tested, most notably by Russia and China. That's
why this year I introduced the DEBRIS Act, which would help the United
States enforce the provisions of the Outer Space Treaty through
sanctions.
Do you support my DEBRIS Act of 2022 (S. 3925)?
Answer. I share your concern regarding Russia's and China's
development of anti-satellite capabilities. One of my priorities, if
confirmed, will be to develop norms of responsible behavior to address
security threats in outer space. I would build upon Vice President
Harris's April 18, 2022, announcement that the United States will not
conduct destructive direct-ascent ASAT missile tests, such as the one
Russia conducted in November 2021, and seek to establish this as an
international norm.
I understand that the Administration is continuing to analyze your
legislation. If confirmed, I would welcome the opportunity to work with
you and your staff to strengthen the international response to anti-
satellite tests and to develop tools to deter or hold to account those
who carry out such tests.
Question. How can the United States prevent space from becoming a
war-fighting domain?
Answer. The United States recognizes that states such as China and
Russia increasingly see space as a warfighting domain. The military
doctrines of competitor nations identify space as critical to modern
warfare and view the use of counterspace capabilities as a means both
to reduce U.S. military effectiveness and to win future wars.
Confrontation or conflict, however, is not inevitable. If confirmed, I
look forward to working with U.S. interagency, including the Department
of Defense and Intelligence Community, to engage diplomatically with
allies, partners and strategic competitors in order to enhance security
and stability in outer space, including through the development of
norms of responsible behavior.
Question. Last year, the U.S. Department of Defense estimated that
the People's Republic of China (PRC) is dramatically accelerating
expansion of its nuclear arsenal. It is now on track to amass 700
nuclear warheads by 2027 and 1,000 by 2030, which is double the
estimates from last year. Unlike the old Soviet Union, the PRC is not
restricted by arms control treaties with the United States. If we want
to compel the PRC to stop this dangerous pursuit of a large nuclear
arsenal, we need to negotiate from a position of strength. President
Biden's decision to stop modernizing of our nuclear arsenal and his
apparent intention to implement a ``no first use,'' ``sole use'' or
similar policy is the exact opposite of the approach we need.
Given the President's nuclear policy, what leverage does the United
States have to negotiate an arms control treaty with the PRC?
Answer. The President recently approved the 2022 Nuclear Posture
Review, which emphasizes maintaining a safe, secure, and effective
nuclear deterrent and strong and credible extended deterrence
commitments. Beijing should understand that there is no benefit or
leverage to be gained from refusing to engage with us on reducing
risks. If confirmed, I commit to consulting Congress at an appropriate
time on potential measures to be pursued with the PRC.
Question. If confirmed, what actions will you take through the
conference on disarmament to encourage international action to stop the
PRC's nuclear weapons build-up?
Answer. If confirmed, I will ensure that the member states of the
Conference on Disarmament understand the facts behind the PRC's
buildup, the threat it poses to international security, and how this
nuclear expansion stands in stark contrast with Beijing's
responsibility to work with all states to create a security environment
more conducive to progress on disarmament. I will also continue to
press for commencement of negotiations on a Fissile Materials Cut-off
Treaty (FMCT) and press for all states, including the PRC which has not
done so, to declare and maintain moratoria on production of fissile
material for use in nuclear weapons or other nuclear explosive devices.
__________
Responses to Additional Questions for the Record Submitted
to Alan M. Leventhal by Senator James E. Risch
Human Rights, Trafficking in Persons, and Religious Freedom
Question. In the State Department's 2021 Trafficking in Persons
report, Denmark remained on Tier 2 due to a continued lack of
prosecutions and convictions of suspected human traffickers for a
second year.
What is your assessment of this issue, and how can you encourage
the Danish Government to increase their efforts to prosecute
and convict suspected traffickers?
Answer. The State Department's 2021 Trafficking in Persons Report
placed Denmark on Tier 2, noting that the Government does not fully
meet the minimum standards for the elimination of trafficking but is
making significant efforts to do so. The Government did not meet
minimum standards in several areas. However, the Danish Government
works closely with the U.S. Government to address these issues. If
confirmed, I will engage with the Danish Government to combat
trafficking in persons and address the recommendations in the Report,
including as they relate to prosecutions and convictions and victim
protection, and the lack of a non-punishment provision, which has
resulted in some authorities prosecuting victims, including children,
for unlawful acts traffickers compelled them to commit.
Question. In the State Department's 2020 International Religious
Freedom report, it was noted that there were 61 percent more
religiously motivated crimes in the last reporting period compared to
the year before in Denmark. The majority of these crimes were committed
against Muslims and Jews.
What is your assessment of religious freedom and societal/
governmental respect for religious freedom in Denmark?
Answer. The increase in religiously motivated crimes is of great
concern and unfortunately something observed throughout Europe. The
Government and people of Denmark generally have a high level of respect
for religious freedom, and the Danish constitution guarantees the right
of individuals to worship according to their beliefs. If confirmed, I
would engage the Danish Government, members of parliament, religious
leaders, and others to encourage an environment that respects the law
and the rights of individuals.
Question. If confirmed, how will you work with the Danish
Government to address crimes against religious minorities?
Answer. If confirmed, I would regularly engage with the Danish
Government to discuss crimes against religious minorities, through
meetings and outreach with my counterparts in the Government and
throughout society. I would also ensure the Embassy regularly engages
on this issue.
Question. If confirmed, do you commit to personally meeting with
members of civil society to discuss the importance of religious
freedom?
Answer. Yes. If confirmed, I commit to personally meeting with
members of civil society on a regular basis to underscore the
importance of religious freedom.
Question. In the State Department's 2020 Human Rights Report,
Denmark was named has having no reports of significant human rights
abuses. Despite the positive human rights environment, if confirmed,
how can you continue to engage with civil society to bolster human
rights and human rights defenders in country?
Answer. Denmark is a strong partner of the United States in
promoting human rights globally; the United States and Denmark
regularly meet and coordinate on human rights issues. The U.S. Embassy
in Denmark engages with civil society in Denmark as part of its daily
work. If confirmed, I would continue this engagement through regular
outreach, meetings, and discussions with human rights defenders to
advance shared values, including respect for human rights. Denmark has
recently adopted a policy which would return Syrian refugees to Syria
despite potential dangers posed to them.
Question. How will you engage the Government to ensure that
refugees who are still in fear of persecution are not returned to
Syria?
Answer. Denmark's decision to revoke the residency permits of
certain Syrian asylum seekers from Damascus is very concerning, though
I understand that Denmark has not forcibly returned anyone to Syria at
this time. If confirmed, I will work closely with Denmark on refugee
policy to promote protection for Syrian refugees, and to help ensure
they are treated fairly, and with dignity. I understand the U.N.'s
assessment is that conditions inside Syria are not conducive to refugee
returns at this time.
Question. The Office of Multilateral Strategy and Personnel (MSP)
in the State Department's bureau of International Organizations is
leading a whole-of-government effort to identify, recruit, and install
qualified, independent personnel at the U.N., including in elections
for specialized bodies like the International Telecommunications Union
(ITU). There is an American candidate, Doreen Bodgan-Martin, who if
elected would be the first American and first woman to lead the ITU.
She is a tough race that will require early, consistent engagement
across capitals and within the U.N. member states.
If confirmed, do you commit to demarching the Danish Government and
any other counterparts necessary to communicate U.S. support of
Doreen?
Answer. Yes. If confirmed, I commit to engaging the Danish
Government and relevant counterparts as necessary to communicate U.S.
support of Doreen Bogdan-Martin's candidacy to lead the International
Telecommunications Union and to vigorously delivering all official
demarches in support of her.
Question. If confirmed, how can you work with the International
Organizations (IO) bureau and other stakeholders to identify, recruit,
and install qualified Americans in positions like the Junior Program
Officer (JPO) program at the U.N.?
Answer. If confirmed, I would coordinate closely with and engage
the International Organizations Bureau at the Department of State to
ensure that the United States is readily able to identify, recruit, and
install qualified Americans at the U.N. and in other specialized
international bodies.
Defense
Question. Denmark announced it will gradually raise its defense
spending over the next 10 years with the goal of reaching the 2 percent
GDP threshold required for NATO members.
How will you work with the Danish Government to improve this
timeline?
Answer. The United States expects all Allies to fulfill their
commitments under the Pledge on Defense Investment, as decided at the
Wales NATO Summit in 2014 and reaffirmed by Allied leaders several
times since. Denmark announced a ``national compromise on Danish
security'' March 6. In this compromise, Denmark announced it would
spend two percent of GDP on defense by 2033. If confirmed, I will
engage regularly to encourage Denmark to more rapidly meet its goal to
reach the two percent GDP threshold for all NATO members.
Question. How will you advise the Danish Government so that it
spends its new defense funding on materiel and capabilities that
provide maximum benefit to NATO's collective defense.
Answer. Denmark is a stalwart NATO Ally whose security is dependent
on close transatlantic cooperation and the U.S. mutual security
guarantee. Denmark and the United States already enjoy a very close and
effective relationship in the military sphere. If confirmed, I would
continue this close cooperation and coordination with the Government of
Denmark through regular engagement with all appropriate counterparts to
encourage uses of Denmark's new defense funding that will provide
maximum benefit to NATO.
Ukraine
Question. Denmark has sent humanitarian and military assistance to
Ukraine, and has even begun accepting Ukrainian refugees.
How will you urge Denmark to continue its humanitarian and military
assistance to Ukraine?
Answer. Danish leaders have strongly condemned Russia's unprovoked
and unjustified war against Ukraine and voiced support for Ukraine's
sovereignty and territorial integrity. Denmark has announced over $71
million in humanitarian assistance and considerable military assistance
to Ukraine. Denmark has said that over 100,000 Ukrainian citizens could
seek refuge in Denmark; already, over 25,000 Ukrainian citizens have
applied for temporary residency. Denmark has provided legal frameworks
for Ukrainian citizens to be able to work and study while in Denmark.
If confirmed, I would work daily with the Government of Denmark to
ensure that Denmark continues its considerable assistance to Ukraine
and that its assistance is coordinated for maximum benefit.
Greenland
Question. Greenland, the traditionally neutral country that is
under Danish sovereignty, has faced more and more encroachment from
Russia and China as they impose their interests in its area.
How will you work to promote U.S. and allied interests in Greenland
in the North Atlantic with regard to Russian and Chinese
expansionism?
Answer. The reopening of the U.S. Consulate in Nuuk in 2020 after a
67-year hiatus is emblematic of the U.S. desire to broaden engagement
with Greenland and to promote and protect U.S. and allies' interests in
the North Atlantic. The Kingdom of Denmark is clear-eyed about the
People's Republic of China (PRC) and Russia. The Governments of Denmark
and Greenland have taken action to stave off problematic PRC investment
activities in Greenland. Both Denmark's and Greenland's approach to
Russia reached a turning point following Putin's premediated,
unprovoked, and unjustified war against Ukraine. At the same time, the
U.S. Consulate in Nuuk is actively engaged with the Government of
Greenland to promote U.S. interests in Greenland and the North
Atlantic, from promoting trade and investment to enhancing people-to-
people ties.
If confirmed, I would expand our engagement with Greenland through
regular contacts with the Government and people of Greenland to further
U.S. interests and combat problematic Russian and PRC activities in the
region.
Question. If confirmed, do you commit to visiting Greenland and the
new U.S. consulate in Nuuk, and making regular trips there?
Answer. Yes. If confirmed, I commit to making regular trips to
Greenland and to the U.S. Consulate in Nuuk to broaden and enhance the
relationship between the United States and Greenland.
China
Question. To what extent and in what respects do you believe Danish
industries are economically vulnerable in China?
Answer. Denmark has one of the most advanced economies in the world
and is highly dependent on foreign trade with exports comprising the
largest component of GDP. Denmark adopted investment screening
legislation in 2021 to prevent threats to national security or public
order in Denmark. Denmark is clear eyed about People's Republic of
China (PRC) economic practices; it has labeled the PRC a ''systemic
rival'' and welcomed increased U.S. engagement in Asia. If confirmed, I
would regularly work with the Government of Denmark to address joint
concerns about the PRC.
Question. How will you engage with your Danish counterparts in
areas such as addressing economic vulnerabilities, increasing economic
resilience, and risks posed by China to shared economic security
between the United States and Denmark?
Answer. If confirmed, I would engage regularly with the Government
of Denmark, business representatives from Denmark and other partner
nations, and civil society to address risks that the PRC poses to
shared economic security. Further, I would encourage increased
investment in the United States, not only to enhance our economic
security, but also to provide good paying jobs for American citizens.
Question. Researchers failing to disclose ties to the Chinese
military, as well as universities transferring sensitive technology to
China, are major problems in both the United States and European
countries, including Denmark. Last year, the University of Copenhagen
found that one of its professors failed to disclose ties to BGI Group
and worked with a People's Liberation Army laboratory.
If confirmed, will you commit to prioritizing China-Denmark
technology and defense partnerships that could undermine U.S.
interests?
Answer. Yes. If confirmed, I commit to prioritizing U.S. interests
with respect to People's Republic of China (PRC) and Denmark technology
and defense partnerships that could undermine U.S. interests.
Syrian Refugees
Question. Denmark, which has taken in over 30,000 Syrian refugees,
has determined in some cases that Syria is safe for them to return, are
revoking their refugee status and repatriating them.
Do you agree with the Danish Government's assessment that Syrian
refugees are safe to return home?
Answer. Denmark's decision to revoke the residency permits of some
Syrian asylum seekers from Damascus is very concerning, though I
understand Denmark has not forcibly returned anyone to Syria at this
time. I understand that the U.N.'s assessment is that conditions inside
Syria are not conducive to refugee returns at this time.
Question. How will you work with the Danish Government to ensure
the Syrian refugees' interests and safety are prioritized?
Answer. If confirmed, I will engage closely with the Government of
Denmark and civil society organizations to promote protection for
Syrian refugees, and to help ensure they are treated fairly and with
dignity.
__________
Responses to Additional Questions for the Record Submitted
to Allan M. Leventhal by Senator Ron Johnson
Question. On Feb. 7, 1997, the Wall Street Journal published a
report ``How Clintonites Built Fund-Raising Machine,'' which suggested
a $200 million contract between your company Energy Capital Partners
and the Department of Housing and Urban Development (HUD) was connected
with significant donations you and others made to President Clinton's
reelection campaign. HUD cancelled the contract several days later and
Energy Capital Partners sued for breach of contract, eventually
recovering over $10 million in damages for lost profits.
A subsequent August 25, 2000, article in The Washington Post
reported the following regarding the Energy Capital Partners-HUD
dispute:
a. HUD officials said an ``internal review concluded that the deal
had been agreed to under improper circumstances in which
political pressure was placed on career staff to give their
assent. An inspector general report also said the structure of
the program was illegal.''
b. Former HUD deputy general counsel Howard Glaser, said that career
officials had in fact been pressured to agree to the Energy
Capital Partners deal.
c. A March 1998 internal HUD report said ``tremendous pressure was
brought to bear by political appointees on career employees.''
d. Glaser described the contract as ``an unprecedented giveaway done
with no competition and no bidding.''
Were you aware then or are you aware now of any political pressure
placed on HUD officials to approve Energy Capital Partners
(Energy Capital) Affordable Housing Energy Loan Program (AHELP)
contract with HUD? If yes, was any of this pressure carried out
at your behest or the behest of someone acting on your behalf?
Answer. There is critical factual context required for a full and
accurate understanding of this historical matter. Reference is made to
two articles, the first in the Wall Street Journal, the second in The
Washington Post. Significantly, the first referenced article was
substantially corrected by the WSJ three days after it was published.
Based upon the initial, incorrect WSJ article referenced above, HUD
terminated the contract/agreement you have asked about. HUD then
subsequently admitted its liability for breach of the contract/
agreement in a lawsuit Energy Capital Partners filed against HUD.
The second article referenced above (Washington Post) was published
after the U.S. Federal Court of Claims issued a 48-page decision
entering judgment against HUD for over $10 million because of its
admitted breach of the contract/agreement you have asked about. To my
knowledge The Washington Post did not do any independent investigating
in doing its reporting. It simply quoted a non-career, HUD appointee
and longtime associate of Secretary Cuomo who shared direct
responsibility for directing HUD's conduct, claiming that the Court's
decision would be overturned on appeal. The Federal Circuit Court of
Appeals affirmed HUD's liability. Copies of both federal court
decisions are attached.
Within this context, I confirm that I was not aware at the time, or
now, of any political pressure placed on HUD officials to approve
Energy Capital Partners' Affordable Housing Energy Loan Program
contract with HUD, nor, specifically, am I aware, now or then, of any
pressure carried out at my behest or the behest of someone acting on my
behalf.
Question. Did you discuss AHELP with President Clinton prior to
securing the contract with HUD? If so, please describe what was said.
Answer. No.
Question. If nothing unethical had taken place, why did HUD cancel
the contract with Energy Capital only days after the Feb. 1997 Wall
Street Journal article?
Answer. The reason stated by HUD for termination was the WSJ
article referenced in the question above. As noted above, that HUD
termination letter failed to acknowledge the WSJ correction published
three days after the article appeared, and as further noted above, HUD
admitted its liability for breach of contract. See attached federal
court decisions.
Question. The contract allowed Energy Capital to include in its
energy efficiency loans to HUD-managed properties what was referred to
as a ``springing subordinated lien'' and a ``cross-default provision,''
whereby Energy Capital would be allowed to recover before the Federal
Housing Administration in the event of a default. Please explain how
Energy Capital secured such a beneficial program structure? Was there
any precedent for such a mechanism in this type of government contract?
If so, please provide other instances.
Answer. Those provisions, and the reasons for them, are fully
explained in the attached decision of the Court of Federal Claims, at
pp 7-9. I note that before being made part of the contract/agreement
you have asked about, the provisions were the subject of fifteen months
of negotiation, required by Fannie Mae, and reviewed by numerous
federal lawyers and officials. As reflected in my understanding of the
decision of the Court of Claims the arrangement solicited and
negotiated by HUD was intended by HUD to address its then unique
requirements and HUD did not rely upon any precedents, one way or
another, as the arrangement was not one based upon a standard form.
Question. Please explain why you decided that detrimental reliance
damages were insufficient in this case and instead sought damages for
lost profits, which cost the American taxpayer over $10,000,000?
Answer. Energy Capital Partners pursued the remedies to which it
was entitled by law. The Court's decision, attached, fully explains all
the reasons for which all damages were awarded by the federal court.
The Court's decision states clearly how it arrived at a final judgment
against HUD for $8.8 million (see Court of Appeals decision below).
[The court cases referred to above are located at the end of this
hearing transcript.]
__________
Responses to Additional Questions for the Record Submitted
to Alan M. Leventhal by Senator John Barrasso
Question. On February 7, 1997, a Wall Street Journal article
claimed Energy Capital received a federal contract in return for your
significant fundraising efforts for President Clinton. Energy Capital
Partners reportedly would have administered up to $200 million in loans
to help the U.S. Department of Housing and Urban Development (HUD)
assist housing developers create more energy efficient units. On
February 14, 1997, HUD canceled a contract with Energy Capital
Partners. In April 1997, Energy Capital Partners then sued HUD for
breach of contract.
A Washington Post article from August 25, 2000, titled, ``Court
Orders HUD to Pay $8.8 million,'' mentioned you and your company's deal
with HUD. It reported that an internal review concluded by HUD found
the deal ``had been agreed to under improper circumstances in which
political pressure was placed on career staff to give their assent.''
It went on to say, ``an inspector general report also said the
structure of the program was illegal.'' The article also quotes the
agency spokeswoman Ginger Cruz saying, ``HUD was sued only for acting
quickly to prevent the agency from being saddled with a bad deal.''
Please describe your involvement in designing the program and
obtaining the agreement with HUD.
Answer. There is critical factual context required for a full and
accurate understanding of this historical matter. Reference is made to
two articles, the first in the Wall Street Journal, the second in the
Washington Post. Significantly, the first referenced article was
substantially corrected by the WSJ three days after it was published.
Based upon the initial, incorrect WSJ article referenced above, HUD
terminated the contract/agreement you have asked about. HUD then
subsequently admitted its liability for breach of the contract/
agreement in a lawsuit Energy Capital Partners filed against HUD. The
second article referenced above was published after the U.S. Federal
Court of Claims issued a 48-page decision entering judgment against HUD
for over $10 million because of its admitted breach of the contract/
agreement you have asked about. To my knowledge The Washington Post did
not do any independent investigating in doing its reporting. It simply
quoted a non-career, HUD appointee and longtime associate of Secretary
Cuomo, Howard Glaser, who shared direct responsibility for directing
HUD's conduct, claiming that the Court's decision would be overturned
on appeal. The Federal Circuit Court of Appeals affirmed HUD's
liability. Copies of both federal court decisions are attached. I now
turn to the specific questions.
Answer. With this context, I confirm that I did not have any
involvement in designing the program or obtaining the agreement with
HUD.
[The court decisions referred above are located at the end of this
hearing transcript.]
Question. What discussion did you have with President Clinton
directly about the program?
Answer. I did not have any discussions with President Clinton about
this program.
Question. Did you receive a copy of the Inspector General's report
about the deal between HUD and Energy Capital Partners? If so, could
you share a copy of the report with the committee?
Answer. No. I have never been provided with nor seen such a report.
HUD did not seek to introduce any such report at trial or call the
Inspector General as a witness. As I noted above HUD, fully represented
by the U.S. Department of Justice, admitted liability for breaching its
contract with ECP.
Question. Did you receive a copy of the HUD internal review of the
deal with Energy Capital Partners? If so, could you share a copy of the
report with the committee?
Answer. No. I have never been provided with nor seen such a report.
The Washington Post article from August 25, 2000, reported that former
HUD deputy general counsel Howard Glaser ``criticized the structure of
the program, particularly a provision under which any default by a
developer on an Energy Capital loan would have automatically triggered
a default on the larger HUD-backed mortgage. When HUD would then
foreclose on the property in default, according to this provision,
Energy Capital Partners would be paid off before the government.''
Question. Is the description of the provisions of the deal with
Energy Capital Partners accurate?
Answer. The referenced provisions were described in full in the
attached Court of Claims decision. I confirmed above that I did not
have any involvement in designing the program or obtaining the
agreement with HUD. I note that before being made part of the contract/
agreement you have asked about, the provisions were the subject of
fifteen months of negotiation, required by Fannie Mae, and reviewed by
numerous federal lawyers and officials.
Question. On September 28, 2021, you wrote an opinion editorial
titled, ``All Hands on Deck to Address Climate Crisis.'' It called for
an all-hands-on-deck agenda for collaboration across the private and
public sectors to prioritize climate justice, equitable resilience
investments, accelerate carbon mitigation, and a more informed and
activated citizenry.
As Ambassador, do you plan to focus on and promote climate change?
If so, what would be your priorities?
Answer. Denmark is a leader in combatting climate change globally
and devotes significant resources to domestic green technology as well
as assistance to developing nations' climate mitigation and adaptation
efforts. In November 2021, Denmark joined the Global Methane Pledge. In
addition, the United States co-launched with Denmark and the Marshall
Islands the Declaration on Zero Emission Shipping by 2050 at COP26; we
subsequently announced at the Our Ocean Conference in April 2022 that
the number of participating countries in the Declaration has more than
doubled since Glasgow. If confirmed, I will work to combat climate
change and will work closely with Danish counterparts to advanced
shared goals.
Question. Please explain your views on prioritizing climate
justice.
Answer. The impact of climate change affects everyone. My hometown
of Boston is susceptible to storm surges and flooding during the winter
months, impacting residential areas throughout the city; some lower
income neighborhoods are particularly vulnerable. I believe that
diligent efforts must be made to combat climate change to provide
future generations with the same opportunities that I have had. Denmark
devotes considerable effort to increase renewable energy use and
sustainability in the developing world, and, if confirmed, this is an
area where I will work closely with Danish counterparts.
Question. You explained that, ``Now, just nine months later and
with the recent report from the Intergovernmental Panel on Climate
Change declaring that climate change is a code red for humanity, it is
clear those goals and policy changes may not be aggressive enough.''
What do you believe are the appropriate goals and policy changes to
address climate change?
Answer. Shortly after taking office, President Biden called world
leaders together and urged them to commit to the steps needed to keep
the goal of limiting warming to 1.5 degrees Celsius within reach. Many
countries are raising their ambition, but stronger and more urgent
efforts are needed to reduce emissions and to help the most vulnerable
countries cope with devastating climate impacts. Denmark continues to
push for increased global ambition on climate change and is eager to
broaden cooperation with the United States on combatting climate
change. This is reflected in the close cooperation during COP26, which
saw Denmark join the Global Methane Pledge and the Agriculture
Innovation Mission for Climate (AIM4C) initiative. If confirmed, I
would work closely with my counterparts in the Kingdom of Denmark to
address climate change.
Question. In February 2021, you wrote a letter to the Boston Globe.
It stated, ``As leaders of the commercial real estate industry in
Boston, we have a long record of advancing sustainable development and
reducing greenhouse gas emissions from buildings. We support the recent
efforts to advance climate policy, including many of the concepts and
provisions of the climate bill under consideration.''
What efforts and legislation have you supported to advance climate
policy, including areas involving sustainable development and
reducing greenhouse gas emissions?
Answer. Throughout my career, I have consistently advanced
sustainable development. I supported many of the concepts of the
Massachusetts climate bill that was under consideration, as well as
city of Boston legislation in an effort to advance sustainable
development while reducing greenhouse gas emissions.
Question. Russia has demonstrated over and over again its
willingness to use energy resources as a geopolitical weapon. President
Putin uses Russia's energy resources to extort, to threaten, and to
coerce our allies and our partners. The United States has been working
closely with our partners in Europe to promote energy security through
energy diversification in the types of energy, sources of energy, and
routes to Europe.
Do you support the U.S. increasing exports of liquefied natural gas
to assist our allies and partners in escaping their dependence
on Russia?
Answer. Yes. I support the United States increasing exports of
liquefied natural gas to assist our allies and partners in escaping
their dependence on natural gas from Russia in the short to medium
term. If confirmed, I would work closely with the Government of Denmark
to work toward independence from Russian gas, balancing short term
needs with long term decarbonization goals.
Question. Denmark recently announced they will increase their
output of natural gas to help Europe eliminate its dependence on
Russian energy resources. Denmark is also constructing a gas pipeline
from Norway to Poland called the Baltic Pipe.
As Ambassador, what steps would you take to strengthen cooperation
between the US and Denmark on increasing natural gas production
to Europe?
Answer. In Denmark's March 6 ``national compromise on Danish
security,'' Denmark committed to become independent of Russian gas.
Denmark also committed to increasing gas recovery in the North Sea,
increasing the use of biogas, and advancing the Baltic Pipe. Denmark
was a net exporter of gas until 2018, but its Tyra field has been
offline since 2019 for extensive repairs.
Denmark aims to return to its position as net exporter of gas by
2023. If confirmed, I would regularly engage with the Danish Government
to strengthen cooperation between the United States and Denmark with an
aim to decrease Europe's dependence on Russian fossil fuels and to
support Denmark's efforts to be a net gas exporter by 2023.
Question. What is your view of the Baltic Pipe Project?
Answer. I support the Baltic Pipe Project. The Baltic Pipe aims to
create a new gas supply corridor in Europe. In Denmark's March 6
``national compromise on Danish security,'' Denmark announced that it
is ``committed'' to the Baltic Pipe. Denmark currently imports natural
gas via Germany and as of October 2022 expects to import gas from
Norway upon completion of the Baltic Pipe connection to Poland. Denmark
aims to become a net exporter of gas by 2023. If confirmed, I would
work with my Danish counterparts to ensure energy security, including
efforts on the Baltic Pipe, and I would support Denmark's efforts to be
a net exporter of gas by 2023.
Question. What is the status of Baltic Pipe gas pipeline? When is
it expected to be completed?
Answer. Work on the Baltic Pipe is ongoing. In late April, the
first ``hole through'' occurred, meaning that gas can flow through the
pipe. Current projections indicate that the Baltic Pipe will be
completed in October 2022. The Government of Denmark is committed to
independence from Russian gas, and if confirmed, I would work closely
with the Government of Denmark to help ensure the Baltic Pipe is
completed in a timely manner.
__________
Responses to Additional Questions for the Record Submitted
to Alan M. Leventhal by Senator Todd Young
Question. As Finland and Sweden discuss closer cooperation with
NATO, how do you view the role of Denmark within the NATO alliance?
Answer. As a founding member of NATO, Denmark is a staunch and
actively engaged NATO Ally. Denmark was a valued contributor to NATO's
Resolute Support Mission in Afghanistan and currently leads NATO
Mission Iraq. Closer to home, Denmark participates in the collective
defense of the Alliance, including through training and exercises with
Allies across NATO. Denmark also has long-standing cooperation through
the Nordic Defense Cooperation (NORDEFCO) framework that includes
Finland and Sweden. Prime Minister Frederiksen has publicly stated that
Denmark would support Finland and Sweden if they were to seek NATO
membership. If confirmed, I will work to further cooperation with
Denmark to enhance our engagement on security issues.
Question. What is your assessment of the strategic value of
cooperation with Denmark on security and regional stability?
Answer. Denmark is the only country that is a member of NATO, the
EU, and the Arctic Council. As such, Denmark plays a vital role on
security and regional stability, with influence from the Arctic to
Southern Europe. Denmark also contributes to security across the globe;
it currently leads NATO Mission Iraq and stood beside us in
Afghanistan. Denmark has said the United States is its security partner
of choice and in February, Denmark announced its readiness to begin
negotiating a Defense Cooperation Agreement with the United States that
would further deepen our security cooperation. If confirmed, I would
continue this close coordination as we cooperate on security and
regional stability.
Question. What do you view are China's interests in Greenland? How
should the United States respond?
Answer. The People's Republic of China (PRC) has exhibited interest
in Greenland, particularly Greenland's critical minerals and strategic
transportation infrastructure such as airports and ports. The
Governments of Greenland and Denmark are clear eyed about PRC economic
practices and have taken action to stave off problematic PRC investment
activities in Greenland. If confirmed, I would continue to coordinate
closely with the Governments of Greenland and Denmark to ensure that we
remain aware of PRC activities and plans and to encourage investment in
Greenland by U.S. companies as an alternative to problematic PRC
investments.
Question. Are there opportunities to further expand our
relationship with Greenland through the new U.S. Consulate in Nuuk
opened under President Trump?
Answer. The reopening of the U.S. Consulate in Nuuk in 2020 after a
67-year hiatus is emblematic of the U.S. desire to deepen engagement
with Greenland. The United States also relaunched the Joint Committee
with Greenland in 2021 to structure cooperation. The Consulate in Nuuk
is fully operational and is moving the relationship forward through
engagement that encourages trade and investment, promotes sound mining
and energy sector governance, increases collaboration on global
challenges like climate change, and seeks to strengthen educational and
people-to-people ties. If confirmed, I would ensure that our engagement
with Greenland through the Consulate in Nuuk remains robust as we
deepen our relationship with Greenland.
__________
Responses to Additional Questions for the Record Submitted
to Constance J. Milstein by Senator James E. Risch
Question. In the State Department's 2021 Trafficking in Persons
report, Malta remained on Tier 2 due to a continued lack of
identification of victims, as well as a lack of prosecutions and
convictions of suspected human traffickers.
What is your assessment of this issue, and how can you encourage
the Maltese Government to increase their efforts to prosecute
and convict suspected traffickers?
Answer. Malta does not fully meet the minimum standards for the
elimination of trafficking, pursuant to the Trafficking Victims
Protection Act (TVPA). While Malta is making significant efforts to do
so, if it is to make real progress, a whole-of-government approach--
resulting in appreciable progress in protection, prosecution, and
prevention--will be required.
If confirmed, I will encourage the Government of Malta to take
concrete steps to address the recommendations from the 2021 Trafficking
in Persons Report. Specifically, I will encourage the Government to
increase their efforts to hold traffickers accountable, including
complicit officials, implement effective and dissuasive penalties for
traffickers, and address gaps in victim identification and protection.
Question. In the State Department's 2020 International Religious
Freedom report, societal and governmental respect for religious freedom
was lacking, including the Government prolonging a request to build a
new church for two years. In addition, religious minorities struggle to
find equitable space to practice their religion.What is your assessment
of religious freedom and societal/governmental respect for religious
freedom in Malta?
Answer. Freedom of religion and belief are important principles for
me. Malta's constitution establishes Roman Catholicism as the state
religion but provides for freedom of conscience and religious worship
and prohibits religious discrimination.
I understand that in response to calls for access to cremation from
religious minorities in Malta, including the Hindu community, Malta
passed a law legalizing cremation services in 2019. However, to date,
the Maltese Government has failed to license a crematoria for the Hindu
community's use. In July 2021, the Government announced plans to
include a crematorium in an upcoming cemetery extension project. I also
understand the Government has not acted on a Russian Orthodox
application, pending since 2017, to build a church, and that the
Maltese Government has not implemented past proposals to offer
voluntary Islamic religious education in state schools.
Question. If confirmed, how will you work with the Maltese
Government on these issues?
Answer. If confirmed, I will work with the expertise and support of
Embassy Valletta to engage across the Maltese Government to promote
respect for freedom of religion and belief and ensure continued
progress on ensuring the rights of members of religious minority
groups. I will also continue Embassy Valletta's work to promote freedom
of religion or belief through broad-based engagement with religious and
civil society actors, opinion pieces in the media, and outreach on
social media.
Question. If confirmed, do you commit to personally meeting with
members of civil society to discuss the importance of religious
freedom?
Answer. If confirmed, I am committed to personally working with
civil society to advocate for freedom of religion and belief for
members of all religious groups and supporting efforts of all faith
communities to collectively advocate on religious freedom issues.
Embassy Valletta has an important role to play in ensuring robust
engagement with civil society on religious freedom. Embassy officials
regularly meet with representatives from a wide variety of religious
groups to broaden understanding of and messaging on freedom of religion
and belief.
Question. In the State Department's 2020 Human Rights Report, Malta
was noted for having significant human rights abuses including unlawful
detention and high-levels of corruption. If confirmed, how will you
engage with the Maltese Government on these issues?
Answer. The United States and Malta work closely together to
improve human rights and rule of law in the country. Specifically, this
includes judicial reform and transparency in the financial sector,
press freedom, and the treatment of migrants. We also work together to
counter transnational crime, gender-based violence, and trafficking in
persons.
An independent public inquiry on the 2017 murder of Daphne Caruana
Galizia, an important Maltese investigative journalist, revealed a
culture of impunity supported by individuals in positions of
significant power. Impunity fuels corruption. The newly elected
Government of Malta's acceptance of the findings of the inquiry and
commitment to implement the inquiry's recommendations to address the
culture of impunity through legal action and rule of law reforms are
good signs, but more work remains.
If confirmed, I will encourage Malta to continue to seek justice
for Daphne Caruana Galizia and rebuild trust in its legal system. I
will also continue U.S. support for Malta's rule of law reforms and
implement programs focused on press freedom.
Question. If confirmed, how can you continue to engage with civil
society to bolster human rights and human rights defenders in country?
Answer. If confirmed, I will continue Embassy Valletta's engagement
with civil society to support human rights and human rights defenders
across the country. I will also continue Embassy Valletta's work to
emphasize the importance of a free and independent press, to support
the work of independent journalists, and to strengthen their profile as
anti-corruption advocates.
Question. In this report, there were allegations that the Maltese
Government delayed safe disembarkation of refugees at sea and then
forcibly returned them to Libya. If confirmed, do you commit to
encouraging the Maltese Government to not commit refoulement of
refugees?
Answer. If confirmed, I commit to encouraging the Maltese
Government to uphold its international non-refoulement obligations.
Although migrant arrivals by boat have dropped since 2019, Malta
continues to highlight this issue and its potential impact on the
country. If confirmed, I will continue to work with the Maltese
Government, international organizations, and NGOs to humanely address
issues associated with irregular migration.
Question. The Office of Multilateral Strategy and Personnel (MSP)
in the State Department's bureau of International Organizations is
leading a whole-of-government effort to identify, recruit, and install
qualified, independent personnel at the U.N., including in elections
for specialized bodies like the International Telecommunications Union
(ITU). There is an American candidate, Doreen Bodgan-Martin, who if
elected would be the first American and first woman to lead the ITU.
She is a tough race that will require early, consistent engagement
across capitals and within the U.N. member states.
If confirmed, do you commit to demarching the Maltese Government
and any other counterparts necessary to communicate U.S.
support of Doreen?
Answer. Doreen Bogdan-Martin is a forward-looking, inclusive, and
globally recognized leader, and would be the right leader at the right
time for the ITU. She is already leading efforts as Director of ITU's
Telecommunication Development Bureau to transform the global digital
landscape to improve connectivity, close gaps in infrastructure,
elevate youth voices, and make the digital future more inclusive and
sustainable for all. If confirmed, I will work closely with the Bureau
of International Organizations (IO) to support Ms. Bogdan-Martin's
candidacy and encourage Malta to vote for her for ITU Secretary-
General.
Question. If confirmed, how can you work with the International
Organizations (IO) bureau and other stakeholders to identify, recruit,
and install qualified Americans in positions like the Junior Program
Officer (JPO) program at the U.N.?
Answer. If confirmed, I will prioritize working with all
stakeholders to promote the employment of qualified U.S. citizens who
are able to advance American priorities such as innovation, ethical
standards, transparency, and accountability at international
organizations, while bringing important skills and specializations. I
believe the JPO program offers a unique opportunity for the United
States to invest in the career development of qualified young Americans
and will make needed progress in expanding the number and distribution
of Americans working in international organizations. If confirmed, I
will actively support efforts by the Department of State to identify
opportunities for JPOs.
Question. How do you plan on leading the fight against corruption
in Malta within the U.S. Embassy?
Answer. Corruption inflicts substantial costs upon the economy,
society, and security of a country and undermines rule of law and
citizens' faith in their Government. This directly impacts U.S.
national security, economic, and foreign policy interests. If
confirmed, I will work with Embassy Valletta, our partners throughout
the U.S. Government, and the Maltese Government to combat corruption
and promote the rule of law.
On December 22, 2021, the State Department publicly designated two
former senior Maltese officials, Keith Schembri, Chief of Staff to the
former Prime Minister, and Konrad Mizzi, former Minister for Energy and
the Conservation of Water, under Section 7031(c) of the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2021, prohibiting them and their immediate family members' travel to
the United States, due to their involvement in significant corruption.
These publicly announced designations reinforce the U.S. Government's
commitment to combatting corruption globally and send a strong signal
that the United States will continue to act against corruption.
I am pleased that the Government of Malta has outlined the specific
goals of fighting corruption, including increasing transparency of
ultimate beneficial owners, ensuring the integrity of public officials,
and implementing a national anti-fraud and corruption strategy as part
of its Summit for Democracy commitments. If confirmed, I will work
closely with the Government to support these important efforts to
counter corruption.
Question. What can the United States do to support anti-corruption
efforts in Malta?
Answer. If confirmed, I will continue U.S. support for Malta's rule
of law reforms and implement programs focused on tackling corruption in
all its forms. This includes supporting the work Embassy Valletta is
doing with our partners in the Maltese Government and civil society to
promote systemic rule of law reform focused on countering corruption.I
also understand that the Department of State is using all available
tools to promote accountability for corruption globally, including
Section 7031(c) visa restrictions and, in consultation with the
Department of Treasury, financial sanctions authorities such as Global
Magnitsky Act. If confirmed, I will fully support the U.S. Government's
use of all appropriate tools to combat global corruption.
Question. How will you encourage the Maltese Government to ensure
its economy is not used as a haven for ill-gotten gains and money
laundering?
Answer. In June 2021, the Financial Action Task Force (FATF), an
international standard-setting body focused on anti-money laundering
and combating the financing of terrorism (AML/CFT), placed Malta on its
list of Jurisdictions Under Increased Monitoring (also known as the
grey list), for reasons including its flawed approach to ultimate
beneficial ownership information and insufficient investigations into
and prosecutions of financial crimes including tax evasion.
I understand that Embassy Valletta has welcomed Treasury,
Department of Justice (DOJ), State Department Bureau of International
Narcotics and Law Enforcement (INL), and U.S. law enforcement experts'
assistance to address Malta's rule of law deficiencies. This assistance
aided in Malta's continued implementation of the FATF Action Plan, and
helped improve Malta's financial regulatory, investigative, policing,
and prosecutorial mechanisms to tackle evolving money laundering and
illicit finance related risk. I also understand that a U.S. Department
of Justice regional legal advisor embedded at Embassy Valletta worked
with the Maltese authorities to draw up a roadmap for improving
criminal justice procedures, streamlining critical evidentiary
procedures, building capacity, and implementing new measures to deter
money laundering.
If confirmed, I will lead Embassy Valletta's work harnessing the
U.S. Government interagency to work with our partners in the Maltese
Government and civil society to promote systemic rule of law reform to
strengthen Malta financial regulatory environment and improve Malta's
efforts to counter money laundering.
Question. Wealthy Chinese, Russian, and other nationals continue to
purchase citizenship in Malta, despite protestations from the EU. What
are your views on this issue, and how would you engage with the
Government with Malta on it?
Answer. The potential for abuse by bad actors is concerning. While
the EU has lodged objections, the Government of Malta insists its
citizenship by investment program is a matter of national sovereignty
and has thus far been unwilling to end the program.
It is my understanding that Malta has recently taken several
important steps to prevent bad actors from using this program.
Specifically, I understand Malta has reworked the program, increasing
the vetting of applicants and raising the financial bar for investment.
In response to Russia's war of aggression against Ukraine, Malta also
publicly announced suspension of applications for citizenship and
residency by applicants who are nationals of the Russian Federation or
Belarus. I also understand that Malta has taken steps to strip Maltese
citizenship from a Russian Federation dual national sanctioned by the
United States.
If confirmed, I would work with the Government of Malta to
highlight the evolving risks of its citizenship by investment program
and encourage the most rigorous vetting possible of citizenship
applicants. This includes preventing Russia's elites and their family
members with ties to the Putin regime or anyone involved in supporting
Russia's unprovoked and unjustifiable war against Ukraine from seeking
loopholes to evade sanctions or other restrictions.
Question. Malta has not been very forthcoming in offering
assistance to Ukraine, which was recently invaded by Russia.
Why do you believe that Malta has not undertaken to support Ukraine
more?
Answer. I understand that Malta has supported strong EU sanctions
and taken other independent measures to isolate Putin's regime in
response to Russia's unjustified and unconscionable war against
Ukraine. In addition, I understand Malta is providing humanitarian aid
to Ukraine, including medicines and medical equipment, and welcoming
refugees from Ukraine to Malta in accordance with EU commitments and in
line with the neutrality clause outlined in their constitution.
Question. If confirmed, what actions will you take to persuade
Malta to contribute more to the international effort to support
Ukraine?
Answer. If confirmed, I will work with the Maltese Government to
ensure that all diligence is taken to prevent anyone involved in
supporting Russia's unprovoked and unjustifiable war against Ukraine
from evading sanctions or other restrictions. I would also encourage
Malta to offer as much humanitarian assistance as possible to help the
people of Ukraine.
Question. Malta continues to be a safe haven for Russian oligarchs
who seek to evade the international sanctions regime against Russia,
Putin, and his crony oligarchs. How do you plan to engage with the
Maltese Government to increase its focus and resources on sanctions
implementation and enforcement?
Answer. I understand that Malta has supported strong EU sanctions
and taken other independent measures to isolate Putin's regime in
response to Russia's unjustified and unconscionable war against
Ukraine.
If confirmed, I will work with the Maltese Government to ensure
that all diligence is used to prevent anyone involved in supporting
Russia's brutal, unprovoked, and unjustifiable war from evading
sanctions or other restrictions. I would ensure that Embassy Valletta
engages with the U.S. interagency to ensure that we can provide Malta
with the support it needs to vigorously enforce sanctions against
Russia.
__________
Responses to Additional Questions for the Record Submitted
to Constance J. Milstein by Senator Marco Rubio
Question. Malta is one of the few countries to maintain a ``golden
visa'' program, where Maltese citizenship is conferred to anyone who
invests at least 750,000 euros in the Maltese economy. For the
millionaires and billionaires that prop up the regimes in Moscow and
Beijing or the leaders of transnational criminal organizations, this is
very small sum to pay to enjoy all the benefits democracies confer.
Immigration into the United States is much easier for Maltese citizens
than it is for Russian and Chinese citizens. Without serious vetting
and oversight, golden visa programs mean that war criminals and corrupt
businessmen could be living here in the United States.
Do you have concerns with Malta's golden visa program and its abuse
by corrupt actors and organized crime? Why or why not?
Answer. The potential for abuse by corrupt actors and organized
crime is concerning. While the EU has lodged objections, the Government
of Malta insists its citizenship by investment program is a matter of
national sovereignty and has thus far been unwilling to end the
program.
It is my understanding that Malta has recently taken several
important steps to prevent bad actors from using this program.
Specifically, I understand Malta has reworked the program, increasing
the vetting of applicants and raising the financial bar for investment.
In response to Russia's war of aggression in Ukraine, Malta publicly
announced suspension of applications for citizenship and residency by
Russian and Belarusian applicants. I also understand that Malta has
taken steps to strip Maltese citizenship from a Russian dual national
sanctioned by the United States.
If confirmed, I would work diligently with our partners in the
Maltese Government and civil society to champion rule of law to fight
corruption.
Question. If confirmed, what steps will you take to protect the
United States so that individuals who have taken advantage of the
golden visa system are unable to immigrate here?
Answer. If confirmed, my top priority would be to ensure the safety
and security of U.S. citizens and of the United States. I would
continue our strong coordination efforts with our partners in the
Maltese Government to ensure U.S. consular officers and U.S. law
enforcement officials have the right information to effectively vet all
individuals seeking to enter the United States from Malta. I understand
that the United States has a strong relationship with Maltese law
enforcement. If confirmed, I would seek to deepen these partnerships.
Any foreign citizen seeking to enter the United States, whether to
visit or to immigrate, must meet strict legal requirements and pass
extensive security vetting.
Question. If confirmed, how would you encourage Malta to reform its
golden visa system?
Answer. If confirmed, I would work with the Government of Malta to
highlight the evolving risks of its citizenship by investment program
and ensure the most rigorous vetting possible of citizenship
applicants. This includes preventing Russia's elites and their family
members with ties to the Putin regime or anyone involved in supporting
Russia's unprovoked and unjustifiable war from seeking loopholes to
evade sanctions or other restrictions.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Jane Hartley by Senator James E. Risch
Question. If confirmed, will you commit to working with our UK
partners to ensure sufficient burden sharing in response to historic
levels of food insecurity and for advancing the global health security
of our respective citizens and partners?
Answer. The United States has made clear global food security is a
top priority issue, including for the United States' May presidency of
the U.N. Security Council. This issue is even more urgent in light of
Russia's unconscionable war against Ukraine. I understand Secretary
Blinken will chair a Security Council open debate on May 19 to examine
the nexus between conflict and food security. While much more remains
to be done to end the COVID-19 pandemic and manage its impacts, the UK
spent over $2 billion in 2020 and 2021 on COVID-19 response, and in
2022 made new commitments and hosted the Global Pandemic Preparedness
Summit, raising over $1.5 billion for CEPI. If confirmed, I will work
with our UK partners to ensure burden sharing that enables a robust
response to food insecurity around the world, and to advance the global
security of our citizens and partners.
Question. In the State Department's 2021 Trafficking in Persons
report, the United Kingdom was again ranked as Tier 1 due to serious
and sustained efforts to meet the minimum standards to eliminate
trafficking. However, there were some instances in which the Government
penalized victims for unlawful acts traffickers compelled them to
commit.
If confirmed, how will you work with the UK Government to address
these issues?
Answer. The UK prioritizes the protection of human rights and
introduced The Modern Slavery Act in 2015 to strengthen laws to
prosecute and convict human traffickers, increase protections for
survivors, and impose reporting requirements to prevent forced labor in
organizations' operations and supply chains. The annual Trafficking in
Persons report makes clear, however, that countering human trafficking
around the world requires ongoing effort and progress. The 2021
recommendations to the UK include ensuring victims are not penalized
for unlawful acts their traffickers compelled them to commit, and if
confirmed I would work with UK legislators, law enforcement, and
immigration authorities to encourage continued improvement on this and
the other recommendations in the TIP report to combat human trafficking
and work to create a more fair, equitable world.
Question. In the prioritized recommendations for the UK, the
Department emphasized robust prosecutorial and conviction efforts of
suspected traffickers, especially in Scotland and Northern Ireland. If
confirmed, do you commit to raising the prioritized recommendations
with the local Governments in Scotland and Northern Ireland to increase
their prosecutorial efforts?
Answer. The Embassy in London and the Consulates General in
Edinburgh and Belfast have regular contact with both national and local
officials. If confirmed, I commit to raising the prioritized
recommendations with appropriate national and local officials across
the UK, including in Scotland and Northern Ireland, to urge them to
increase their prosecutorial efforts.
Question. In the State Department's 2020 International Religious
Freedom report, the U.S. Embassy in the UK had robust engagement with
government officials, political parties, and religious groups to
advance religious freedom issues. The 2020 report also observed the
first decline in religiously motivated hate crimes in England and Wales
in roughly the last ten years.
What is your assessment of religious freedom and societal/
governmental respect for religious freedom in the UK?
Answer. It is encouraging to see a decline in religiously motivated
hate crimes in England and Wales in 2020. However, according to the
2020 International Religious Freedom Report, rates of religiously
motivated hate crimes remained higher than in recent previous years,
indicating a need for continued efforts to promote religious tolerance.
If confirmed as Ambassador, I would work with the UK Government to
ensure continued progress to advance both societal and governmental
respect for religious freedom in the UK.
Question. If confirmed, how will you work with the UK Government on
these issues?
Answer. The UK is a strong partner on advancing religious freedom
issues, and in July 2022 will host a ministerial to promote freedom of
religion and belief. If confirmed, I would work with the expertise and
support of the staff of Mission UK, to engage across the UK Government,
including with the Prime Minister's Special Envoy for Freedom of
Religion or Belief, the Independent Advisor on Antisemitism, and the
Equality and Human Rights Commission to advance religious freedom
issues and ensure continued progress on issues such as reducing
religiously motivated hate crimes.
Question. How can you build upon this work to ensure robust
engagement with civil society?
Answer. The U.S. Mission to the UK has an important role to play to
ensure robust engagement with civil society on religious freedom
matters. Embassy officials regularly meet with representatives from a
wide variety of religious groups to broaden understanding of and
messaging on freedom of religion and belief. If confirmed, I will work
with civil society to advocate for religious freedom for members of all
religious groups, and support efforts of all faith communities to
collectively advocate on religious freedom issues.
Question. If confirmed, do you commit to personally meeting with
members of civil society to discuss the importance of religious
freedom?
Answer. In my previous post as Ambassador, I made it a priority to
personally meet with members of faith communities and civil society to
discuss the importance of religious freedom and gain a broad
understanding of views across the country, including through hosting
events for significant religious holidays. If confirmed, I commit to
personally meeting with members of civil society to discuss the
importance of religious freedom.
Question. In the State Department's 2020 Human Rights Report, the
UK had no reports of significant human rights abuses and there were
mechanisms in place to identify and punish officials who may commit
them.
Despite the positive human rights environment, if confirmed, how
can you continue to engage with civil society to bolster human
rights and human rights defenders in country?
Answer. The UK is a committed leader on the protection and
promotion of human rights. For example, the UK is the current co-chair
of the Equal Rights Coalition, a grouping of 42 countries that work on
rights of LGBTQI+ persons and will host a global conference on rights
of LGBTQI+ persons in in June 2022. However, as current events around
the world make clear, we cannot take human rights for granted. If
confirmed, I will continue to engage with the UK Government and with
civil society across the UK to bolster human rights and human rights
defenders across the country including engaging with NGOs to counter
discrimination and hate crimes.
Question. The Office of Multilateral Strategy and Personnel (MSP)
in the State Department's bureau of International Organizations is
leading a whole-of-government effort to identify, recruit, and install
qualified, independent personnel at the U.N., including in elections
for specialized bodies like the International Telecommunications Union
(ITU). There is an American candidate, Doreen Bodgan-Martin, who if
elected would be the first American and first woman to lead the ITU.
She is a tough race that will require early, consistent engagement
across capitals and within the U.N. member states.
If confirmed, do you commit to demarching the UK Government and any
other counterparts necessary to communicate U.S. support of
Doreen?
Answer. Doreen Bogdan-Martin is a forward-looking, inclusive, and
globally recognized leader, and would be the right leader at the right
time for the ITU. She is already leading efforts as Director of ITU's
Telecommunication Development Bureau to transform the global digital
landscape to improve connectivity, close gaps in infrastructure,
elevate youth voices, and make the digital future more inclusive and
sustainable for all. If confirmed, I will commit to supporting her
candidacy wholeheartedly on behalf of the United States, including
demarching the UK Government and other counterparts as necessary to
communicate U.S. support for her candidacy.
Question. If confirmed, how can you work with the International
Organizations (IO) bureau and other stakeholders to identify, recruit,
and install qualified Americans in positions like the Junior Program
Officer (JPO) program at the U.N.?
Answer. It is imperative the officers of the U.N. maintain strong
commitments to the U.N.'s founding principles, including respect for
the international order, resolution of disputes by peaceful means, and
respect for human rights and fundamental freedoms. If confirmed, I
would coordinate closely with the IO bureau and other stakeholders to
support efforts to identify, recruit, and install qualified Americans
at the U.N., including in positions like the Junior Program Officer
program.
Question. How will you coordinate U.S. and UK responses to the war
in Ukraine with regard to: security assistance, sanctions, humanitarian
aid, refugees, and diplomacy?
Answer. The United States has engaged in robust cooperation with
the UK and other close partners, including bilaterally and
multilaterally through NATO and the G7 to garner support for and
coordinate strong united responses to Putin's brutal war in Ukraine. On
security assistance, the UK has led two separate donor conferences for
defense colleagues to corral and coordinate assistance and combine the
U.S. and UK has provided billions of dollars in security assistance. On
sanctions, the United States and the UK share common views and
approaches on many sanctions, and the UK has made more than 1,400
designations since the beginning of Russia's invasion of Ukraine. If
confirmed, I will work with the Department and Mission UK to continue
close coordination between U.S. and UK security assistance, sanctions,
humanitarian aid, refugees, and diplomacy in response to Moscow's war
against Ukraine.
Question. Russian oligarchs and officials hold large amounts of
wealth in the UK. How can the UK limit the Russian influences embedded
in its economy?
Answer. I have seen how the UK has been in lockstep with the United
States on exacting military, economic, and political costs for Putin's
war in Ukraine, including taking significant steps to root out Russian
illicit finance and sources of revenue for Putin in the UK. The UK
Government also has imposed severe financial sanctions on President
Putin, his inner circle, Russian oligarchs, and all who enable and fuel
this war of choice--more than 1400 designations. In March, the UK
enacted the Economic Crimes Act, making it easier to sanction groups of
corrupt individuals, and harder for them to hide their money in the UK,
particularly in real estate. Also in March, the UK announced it would
phase out all imports of Russian oil by the end of 2022. There remains
more work to be done, and if confirmed, I will advocate strongly for
further measures to limit Russian influence in the UK economy, such as
through robust use of the UK's new investment screening law.
Question. How can the U.S. urge or help the UK to identify and
appropriately freeze or seize Russian assets in their jurisdiction?
Answer. While I am not privy to the specifics, I understand the
United States and the UK maintain robust law enforcement cooperation
multilaterally, including through the Five Eyes partnership, and
bilaterally on a broad range of law enforcement matters. In March the
G7, including the UK, launched the Russian Elites, Proxies, and
Oligarchs (REPO) Task Force to identify and seize assets, including
boats, planes, helicopters, real estate, and potentially art or other
property. Each member jurisdiction uses its respective national
authorities to collect and share information to enable U.S. and partner
actions. If confirmed, I will work to maintain and develop cooperation,
including through the law enforcement agencies represented at Mission
UK, to provide the appropriate information to help the UK identify and
appropriately freeze or seize Russian assets in their jurisdiction.
Question. How can we message that although the UK has made great
contributions to counter Russia, it still needs to confront the
difficult problem of the vast Russian wealth in its economy?
Answer. The UK has made incredible contributions to the effort to
counter Putin's unjustified and brutal war in Ukraine. UK Prime
Minister Johnson recognized in his May 3 speech to the Ukrainian
parliament the West had been ``too slow'' to grasp the threat,
acknowledging more needed to be done. If confirmed, I will engage
directly with senior UK officials to advocate for continued and
amplified efforts to root out illicit Russian finance in the UK through
tools such as the Economic Crimes Act and to enforce strong protections
against undue foreign influence, such as through the UK's investment
screening law, the National Security and Investment Act.
Question. Brexit has necessitated changes in U.S.-UK relations as
the UK is longer part of the EU. What challenges do you anticipate in
maintaining consistency between U.S.-UK and U.S.-EU relations?
Answer. Transatlantic peace, security, and prosperity are best
served by a strong UK, a strong EU, and the closest possible
relationship between the two. The United States has a special
relationship with the UK and an indispensable partnership with the EU,
and if confirmed I will work to ensure these allies will continue to be
the United States' partners of first resort on a range of shared
priorities. If confirmed, I will work closely with UK officials and
with Washington to maintain consistency on U.S.-UK relations, which
continue to provide new opportunities for growth resulting from the
UK's internationally focused ``Global Britain'' policies. While the
U.S. Ambassador to the EU will lead on U.S.-EU relations, I will
consult closely with him to support his efforts to maintain consistency
in the transatlantic relationship. If confirmed, I look forward to
working to address the range of global challenges as the UK and the EU
continue to adjust to their new post-Brexit relationship.
Question. How will you coordinate diplomatic strategy with the U.S.
Ambassador to the EU?
Answer. Close cooperation and coordination between the U.S. Embassy
in London, U.S. Consulate General in Belfast, and U.S. Mission to the
European Union are vital to ensure the Department of State and the U.S.
Government are speaking with one voice and understand the complexities
of a changing UK-EU relationship and its implications for transatlantic
relations more broadly. If confirmed, I will consult closely and
regularly with U.S. Ambassador to the EU Mark Gitenstein on these
issues and encourage the Embassy team to maintain close contact at all
levels with their colleagues at the U.S. Mission to the EU.
Question. The fate of the Northern Ireland Protocol is still
uncertain, how will you work with the UK's foreign ministry to protect
U.S. interests in the Irish-UK trade relationship?
Answer. If confirmed, I will work with Her Majesty's Government to
encourage all parties to prioritize political and economic stability
and to resolve their differences through continued dialogue. I would
emphasize the need to ensure any steps taken do not undermine the
progress made since the Belfast/Good Friday Agreement. The United
States has a special relationship with the UK and an indispensable
partnership with the EU, and if confirmed I will work to ensure both
continue to be the United States' partners of first resort on a range
of shared priorities.
Question. How will you coordinate diplomatic strategy with the U.S.
Ambassador to Ireland?
Answer. If confirmed, I will work with my counterpart at the U.S.
Embassy in Dublin on a range of issues, including supporting the
Belfast/Good Friday Agreement. I will also coordinate with the U.S.
Ambassador to the EU on issues such as the Northern Ireland Protocol.
Question. Britain is facing a severe energy crisis, which has only
been compounded by the recent decision to phase out Russian imports.
What are the greatest problems the UK currently faces due to
energy?
Answer. Domestic issues in addition to the spike in energy demand
as the UK economy opened after the pandemic and disruptions to the
global energy market caused by Putin's invasion of Ukraine have
contributed to rising energy prices in the UK. The UK's energy policy
is driven by its commitment to reaching net zero greenhouse gas
emissions by 2050 and it has made significant investments in renewable
energy, including offshore wind. The UK is a net importer of crude oil
and natural gas and has announced it will stop most overseas oil and
gas project financial support and advocacy. In March, the UK announced
it would phase out all imports of Russian oil by the end of 2022. With
this established, the UK is better positioned than most in the region
as it only imports five percent of its natural gas supplies from
Russia. Further, approximately eight percent of UK oil imports came
from Russia in 2021. While better positioned to phase out Russian oil
and natural gas, this will not mean the UK is insulated from price
shocks or demand spikes across the region. Additionally, more than half
of the UK's operating nuclear reactors are reaching the end of their
operating life and are set to close by mid-2024, removing a large share
of zero emissions power generation.
Question. How can the U.S. help the UK solve this crisis?
Answer. The UK has been a leader in efforts to mobilize private
finance for renewable and net-zero energy, including through their
leadership of COP26. Further, on the UK's aging nuclear fleet, Her
Majesty's Government (HMG) plans to approve a new reactor each year
until 2030, with the aim of having all operational by 2050. They will
be looking for international partners. If confirmed, I will work with
Mission UK and Her Majesty's Government to continue to identify
opportunities to mobilize financing for energy generation and identify
and support alternate sources of energy.
Question. How will you balance your messaging to Britain on the
need to invest in clean energy while also maintaining energy stability
and security?
Answer. The UK's April 2022 Energy Security Strategy identifies the
need balance investment in clean energy and maintaining energy
stability and security. If confirmed, I will work with the UK to
identify avenues to support additional and expedited investment in
clean energy and to improve energy stability and security.
Northern Ireland
Question. There have been reports that the UK will seek to abandon
the Northern Ireland Protocol as there has so far been no success in
creating a sustainable solution to trade in the region.
As Ambassador, how will you protect U.S. trade interests as they
relate to Ireland and the UK?
Answer. The U.S. priority remains protecting the gains of the
Belfast/Good Friday Agreement, and peace, stability, and prosperity for
the people of Northern Ireland. I understand the UK is concerned about
the implementation of the Northern Ireland Protocol and recognize this
is a bilateral issue between the UK and EU. If confirmed, I will
encourage all parties to prioritize political and economic stability
and to resolve their differences through continued dialogue. I would
emphasize the need to ensure any steps taken do not undermine the
progress made since the Belfast/Good Friday Agreement.
Question. How will you work to uphold the Northern Ireland Peace
Process throughout any Brexit and NI Protocol related negotiations?
Answer. Northern Ireland has made tremendous progress since the
1998 Belfast/ Good Friday Agreement. I understand the United States has
encouraged the EU and UK to continue engaging in dialogue that will
enhance the prospect for longterm and provide positive solutions that
give Northern Ireland businesses and people the confidence to continue
to improve their economy. If confirmed, I will do the same.
Question. What is the status of the W93 warhead program, and its
relationship with British nuclear modernization?
Answer. Although I am aware of the W93 modernization program and
our cooperation with the UK on strategic nuclear deterrence, I am not a
government official and have not been briefed on the latest
information. If confirmed I will promote continued close defense
cooperation with the United Kingdom.
Question. Russia is increasing its nuclear threats against the UK,
to include a recent threat on state television to employ the Poseidon
nuclear drone to cause a radioactive flood across Ireland, the UK, and
coastal France. How is the U.S. supporting the UK in countering such
threats? Does U.S. policy guidance to ``reduce the role of nuclear
weapons in our strategy,'' and budget requests to divest capabilities
such as the submarine-launched cruise missile--nuclear (SLCM-N) in
effect reward such threats, and embolden Russia to deliver more?
Answer. The fundamental role of U.S. nuclear weapons is to deter
nuclear attack on the United States, U.S. allies, and partners,
including the United Kingdom. Our alliances are a tremendous source of
strength and a unique advantage for the United States; the
Administration is reinvesting in them. Provocative nuclear rhetoric is
dangerous, adds to the risk of miscalculation, and should be avoided.
If confirmed I would work closely with UK officials to coordinate
against this threat in a manner that continues to demonstrate the
transatlantic unity.
Question. The UK has led the world in pushing to assertively
support Ukraine, and in doing so has implicitly downplayed the threat
of Russian escalation. Have they struck the right balance between
supporting Ukraine and mitigating the threat of escalation? What does
this imply for other allies and partners?
Answer. The United Kingdom's strong support has bolstered Ukraine's
ability to defend against Russia. UK support includes a May 3
announcement of =300 million to fund electronic warfare equipment,
heavy lift drones, a counter battery radar system, GPS jamming
equipment, night vision devices, Brimstone anti-ship missiles, and
Stormer anti-aircraft systems. At the same time the UK has been an
active participant at G7, NATO, and trans-Atlantic Quad meetings at
which it has publicly underscored the importance of trans-Atlantic
unity as a deterrent against an escalation by Russia. If confirmed I
will coordinate with UK officials to continue making clear to Russia
that it will face a swift and strong response to any escalatory actions
it may take.
Question. What does the U.S. need from the UK in the event of
Chinese aggression against Taiwan, the South China Sea, or the East
China Sea?
Answer. The United States and UK continue to deepen cooperation in
the Indo-Pacific region. The UK's renewed focus in the region, outlined
in the 2021 Integrated Review, provides ample opportunity to increase
our cooperation and presence in the region. For example, in 2021 the UK
sent a joint carrier strike group with U.S. and Dutch participation to
demonstrate freedom of navigation and interoperability. If confirmed I
will work with UK officials to strengthen our cooperation in the Indo-
Pacific region to deter any PRC aggression.
Question. What are the practical barriers to progress for increased
cooperation in the Advanced Capabilities portion of AUKUS? How can the
U.S. best address those barriers?
Answer. I understand that AUKUS partners have made strong progress
in the four advanced capabilities that the President and Prime
Ministers identified in September 2021, and have recently initiated
work in four additional areas. The expanded the list of projects now
includes hypersonics and counter-hypersonics, electronic warfare
capabilities, information haring, and innovation. These initiatives
will add to our existing efforts to deepen cooperation on cyber
capabilities, artificial intelligence, quantum technologies, and
additional undersea capabilities. The goal of these efforts is to
foster deeper integration of security and defense-related science,
technology, industrial bases, and supply chains. I have not been
briefed on the classified details of these programs or barriers to
further cooperation; if confirmed, I will work closely with UK
officials to ensure a smooth and prompt implementation of AUKUS
advanced capabilities projects.
Question. The UK joined Russia, China, France and the U.S. earlier
this year in declaring the ``a nuclear war can never be won and must
never be fought.'' Given Russia's nuclear threats since then, does the
UK believe Russia was lying when it signed on to that statement? Or
does the UK believe that Russia has changed its stance since January?
Answer. While I have not been part of bilateral discussions and
cannot know what the UK believes regarding Putin's trustworthiness, I
can commit to working closely with UK officials, if confirmed, in order
to sync our deterrence strategies to prevent nuclear war.
Question. What do you view as the overarching priority areas of the
United Kingdom's policy towards China, and what are the top areas
within which the United States and the United Kingdom should cooperate
with respect to China?
Answer. The U.S. and UK approaches are closely aligned on policy
toward the PRC. The UK--like the United States--seeks to counter,
compete, or cooperate as needed with the PRC. The UK's overarching
approach to the PRC, as characterized in its Integrated Review, is a
systemic challenge, and identified the need to do more to adapt to the
PRC's growing impact. The UK has undertaken measures to address
Xinjiang forced labor and human rights concerns and has played a
leadership role in condemning repeated PRC attempts to undermine Hong
Kong's autonomy as guaranteed in the Sino-British Joint Declaration.
During its presidency of the G7, the UK was a stalwart supporter of
``open societies'' and ``open economies'' through its promotion of
democratic values and free and fair trade. If confirmed, I will deepen
the already close U.S-UK coordination on the PRC and will seek to
strengthen our efforts to defend the rules-based international order
and our respective national security interests and our values.
Question. Last month, a Chinese investment group received
Whitehall's approval to purchase one of Britain's few remaining
semiconductor manufacturing plants.
What are the risks posed by this purchase, and how should the
United States respond?
Answer. The President has identified semiconductors and their
supply chains as critical to national security. To my knowledge, the
purchase occurred last year, and Whitehall has referred the case to
Secretary of State for Business, Energy and Industrial Strategy Kwasi
Kwarteng for review under new investment screening authorities provided
by the National Security and Investment Act that took effect at the
beginning of this year. If confirmed, I will work closely with UK
officials to sync our efforts to protect critical supply chains for
foreign interference or economic coercive practices.
Question. Britain's commissioner for biometrics and surveillance
cameras has asked the British Government's to clarify its policy with
respect to purchasing equipment from China's Hangzhou Hikvision Digital
Technology. Hikvision was blacklisted by the U.S. Government in 2019
over Beijing's treatment of Uyghur Muslims and other ethnic minorities
in Xinjiang.
What are your views on this issue, and how would you engage with
United Kingdom on matters related to technology and human
rights?
Answer. The United States has made clear, and I concur entirely,
that it is essential to support respect for the human rights of members
of minority groups in the PRC and elsewhere, and to ensure that the
U.S. financial system and American investors are not facilitating PRC
Government efforts to persecute ethnic and religious minorities. If
confirmed, I would work with UK counterparts to develop and promote
democracy-affirming technologies and to mitigate the risks of
authoritarian governments using technology to track, intimidate, or
repress.
__________
Responses to Additional Questions for the Record
Submitted to Hon. Jane Hartley by Senator Marco Rubio
Question. Russia's current invasion of Ukraine has caused a severe
oil shortage in Europe and the world. In the United States, gas prices
have increased 44 percent since the start of the invasion, while they
have increased much more in other countries, including the United
Kingdom.
If confirmed, how would you work with the British Government to
address the inflation and supply chain crisis caused by Putin's
war?
Answer. Domestic issues in addition to the spike in energy demand
as the UK economy opened after the pandemic and disruptions to the
global energy market caused by Putin's invasion of Ukraine have
contributed to rising energy prices in the UK. President Biden has
issued an executive order to bolster resilient, diverse, and secure
supply chains. If confirmed, I will work with the UK, one of our
closest economic partners with approximately $240 billion in trades and
services, to align our supply chain strategies. Additionally, if
confirmed I will work closely with our UK partners to find economic
solutions bilaterally and multilaterally that continue to hold the
Kremlin to account while ensuring Putin's war of aggression against
Ukraine has minimal impact on the American people.
Question. If confirmed, would you recommend that the British
Government increase oil production in the North Sea?
Answer. The UK's energy policy is driven by its commitment to
reaching net zero greenhouse gas emissions by 2050 and it has made
significant investments in renewable energy, including offshore wind.
The UK is a net importer of crude oil and natural gas and has announced
it will stop most overseas oil and gas project financial support and
advocacy. To that end, if confirmed I would work closely with our
British counterparts to address the energy security needs of both our
countries, particularly as we confront the impact of Putin's war of
aggression against Ukraine on shared energy priorities and security.
Question. Do you think that increase U.S. oil and gas exports to
Europe can more immediately counter rising prices than promoting long-
term investments in renewable energy?
Answer. The United States is working simultaneously on short-term
and long-term responses to counter Russian attempts to use energy as a
weapon. The U.S. Government has been engaging U.S. LNG companies and
working with partners around the world to diversify natural gas supply
to Europe to address the near-term need and replace volumes that would
otherwise come from Russia. The President launched a task force with
the EU in March that prioritizes efforts to increase LNG volumes for
Europe. This will help replace Russian gas to Europe--decreasing
Europe's dependence on Russia and Putin's ability to use energy as a
tool of coercion. The United States is working over both the short- and
long-term to also reduce the overall demand in Europe for natural gas
by ramping up energy efficiency measures and accelerating renewable and
other clean energy deployment.
Question. The enablers of Putin's regime in Russia--senior
government officials and oligarchs--all keep their money abroad in
banks in London and New York. If we really want to punish Putin and his
regime for the crimes they're committing in Ukraine, then we need to
target these accounts.
To date, what is your assessment of the UK's to target and seize
these assets?
Answer. While I am not privy to the specifics, I understand the
United States and the UK maintain robust law enforcement cooperation
multilaterally, including through the Five Eyes partnership, and
bilaterally on a broad range of law enforcement matters. In March, the
G7, including the UK, launched the Russian Elites, Proxies, and
Oligarchs (REPO) Task Force to identify and seize assets, including
boats, planes, helicopters, real estate, and potentially art or other
property. Each member jurisdiction uses its respective national
authorities to collect and share information to enable U.S. and partner
actions. If confirmed, I will work to maintain and develop cooperation,
including through the law enforcement agencies represented at Mission
UK, to provide the appropriate information to help the UK identify and
appropriately freeze or seize Russian assets in their jurisdiction.
Question. If confirmed, how would you work with the British
Government and the sanctions offices here to form a coordinated
sanctions strategy targeting these Russian oligarchs?
Answer. If confirmed, I would maintain our already robust
cooperation on sanctions. Since the start of Russia's war against
Ukraine, more than 30 Allies and partners have joined the United States
in rolling out sanctions on more than 2,100 Russian and Belarusian
targets. Our Allies and partners have shown an unprecedented, shared
commitment to work together to impose costs on Russia. The UK is a
leader in this group, having introduced the Economic Crime
(Transparency and Enforcement) Act, which allows the UK to immediately
designate individuals and entities that have been designated by the
UK's allies.
Question. Similarly, how would you combat dirty money coming from
the Chinese Communist Party?
Answer. I am heartened by the continued coordination between the
United States and the UK to hold corrupt regimes accountable and ensure
our jurisdictions do not serve as havens for illicit finance. If
confirmed, I am committed to working with our partners in London to
ensure our two financial systems are not a safe haven for oligarchs,
government officials and political party members--from any country--who
empty the public coffers of their citizens for their own gains.
Question. The U.S.-UK transatlantic market is one of the most
important aviation markets in the world. This is a market dominated by
airline joint ventures that have immunity from the U.S. antitrust laws.
U.S. airlines, especially new entrants to the transatlantic market, are
having significant difficulty securing access at London-area airports
thus limiting competition in this important market.
What are your views on competition in the transatlantic aviation
market, and will you commit to help such airlines grow in the
UK and ensure that they are treated fairly by the UK
Government?
Answer. American consumers benefit from an open and transparent
transatlantic aviation market. If confirmed, a key priority of mine
would be to work with Department of Transportation and Department of
Commerce colleagues to promote opportunities for American companies,
including in the commercial aviation sector.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Jane Hartley by Senator Todd Young
Question. If confirmed, how would you view your role in promoting
and strengthening trade ties between the United Kingdom and the United
States?
Answer. The UK is one of the United States' strongest trade and
investment partners. If confirmed, it will be one of my top priorities
to promote and strengthen trade ties between the United States and the
UK and to see that economic bonds continue to grow and create American
jobs. The United States and the UK have resolved numerous trade
disputes over the past year, including on a June 2021 ``cooperative
framework'' for large civil aircraft production and a March 2022
agreement to remove U.S. Section 232 tariffs for certain volumes of UK
steel and aluminum products. The Section 232 tariff agreement also
strengthens trade by countering unfair PRC practices that harm our
industries and workers. If confirmed, I intend to work with the UK,
across the interagency, and in consultation with Congress, to advance
free, fair, and balanced trade between the United Kingdom and the
United States.
Question. If confirmed, how would you operationalize the New
Atlantic Charter signed in 2021 that emphasizes ``open and fair
trade?''
Answer. The New Atlantic Charter, released by President Biden and
UK PM Johnson on the margins of the June 2021 G7 Leaders' Summit
pledges to deepen cooperation on democracy and human rights, defense
and collective security, science and innovation, and inclusive economic
prosperity, and renew joint efforts to tackle the challenges posed by
cybersecurity, climate change, biodiversity loss, and emerging threats.
If confirmed I would work with the interagency and with Congress to
strengthen trade with the UK that reflects the Biden-Harris
administration's commitment to prioritizing America's working families.
That includes supporting ongoing efforts to promote and strengthen
trade ties, such as the recent U.S.-UK Dialogue on the Future of
Atlantic Trade, which explored with a diverse group of stakeholders how
we can collaborate to advance our shared trade priorities and promote a
worker-centered, fair, and responsible global economy. I would also
work to further strengthen our already close cooperation with the UK on
addressing new and old challenges, as outlined in the Charter, and to
counter the efforts of those who seek to undermine our values,
alliances, and institutions.
Question. If confirmed, what would you see as your role as
Ambassador in furthering AUKUS, the trilateral security pact between
Australia, the UK, and the United States?
Answer. A free and open Indo-Pacific region is critical to the
security and prosperity of the American people, and the AUKUS
partnership will help defend and promote U.S. interests there for
generations. I see my role as Ambassador, if confirmed, as working to
fulfill our commitment to work with our closest ally to sustain peace
and stability in the Indo-Pacific region. As Ambassador, I would work
to promote efforts to strengthen trilateral security cooperation among
Australia, the UK, and the United States through AUKUS and leverage the
combined resources of these allies to direct more diplomatic, military,
economic, and other resources to the region, including by further
enhancing our cooperation on advanced capabilities.
Question. One of the elements of this AUKUS partnership is advanced
capabilities, such as AI, cyber, and quantum technologies. In your
view, how does this partnership with the UK further U.S. leadership in
emerging technology?
Answer. Partnership with the UK and Australia on advanced
capabilities, such as AI, cyber, and quantum technologies, will further
U.S. leadership on emerging technology by enhancing our joint
capabilities, interoperability, and fostering deeper information and
technology sharing with our closest allies. AUKUS partners have made
strong progress in the four advanced capabilities that the President
and Prime Ministers identified in September 2021 and have recently
initiated new trilateral cooperation on hypersonics and counter-
hypersonics, and electronic warfare capabilities, as well as taken
steps to expand information sharing and to deepen cooperation on
defense innovation. Our cooperation will promote deeper information and
technology sharing and foster further integration of security and
defense-related science, technology, industrial bases, and supply
chains. The United States and the United Kingdom both benefit from a
firm foundation to help grow our economies through high-skill, high-
paying jobs. Each nation also benefits from research centers through
shared scientific breakthroughs and testing of next-generation military
capabilities--combining our efforts to help the United States as well
as its partners stay at the leading edge of technology advances. If
confirmed, I look forward to representing U.S. interests as a leader in
emerging technology.
__________
=======================================================================
Court Records Submitted by Alan M. Leventhal to
Expand Upon His Response to Questions Posed by
Senator Ron Johnson and Senator John Barrasso
=======================================================================
Energy Capital Corp. v. The United States-- United States Court of
Federal Claims. No. 97-293C. Decided August 22, 2000
Energy Capital Corp. v. The United States-- United States Court of
Federal Claims. No. 01-5018. Decided August 14, 2002
----------
NOMINATIONS
----------
TUESDAY, MAY 10, 2022
U.S. Senate,
Committee on Foreign Relations,
Washington, DC.
The committee met, pursuant to notice, at 2:38 p.m., in
Room SD-106, Dirksen Senate Office Building, Hon. Robert
Menendez presiding.
Present: Senators Menendez [presiding], Cardin, Shaheen,
Coons, Murphy, Kaine, Markey, Booker, Van Hollen, Risch,
Johnson, Romney, Portman, Young, and Hagerty.
Also Present: Senator Peters.
OPENING STATEMENT OF HON. ROBERT MENENDEZ,
U.S. SENATOR FROM NEW JERSEY
The Chairman. This hearing of the Senate Foreign Relations
Committee will come to order. We are here today to consider
nominations for three important positions: Ambassador Bridget
Brink to be the Ambassador to Ukraine, Ambassador Elizabeth
Richard to be Coordinator for Counterterrorism, and Ambassador
Alexander Laskaris to be the Ambassador to Chad.
I understand that Senator Peters will be introducing
Ambassador Brink, and we have a vote going on the floor so we
want to accommodate Senator Peters.
We will recognize you at this point.
STATEMENT OF HON. GARY C. PETERS,
U.S. SENATOR FROM MICHIGAN
Senator Peters. Thank you, Chairman Menendez and Ranking
Member Risch. It is, certainly--it is my honor to introduce
Ambassador Bridget Brink to the committee.
I also want to recognize Ambassador Brink's family, who are
with her here today--her husband Nick, who is also serving our
country as a diplomat, and her two sons, Jack and Cole.
Like our service members and their families, our diplomats
do not serve alone, as every member of this committee knows.
Their families often go unrecognized as our diplomats perform
their crucial work in foreign lands thousands of miles from
their country. We want to thank all of them for their service.
Ambassador Brink was born and raised in East Grand Rapids
and graduated from East Grand Rapids High School in Michigan.
Growing up, she remembers driving by a sign that proudly
recognized her hometown as the home of President Gerald Ford.
President Ford's decency, integrity, and humility served as a
marker for the Midwest values that Ambassador Brink lives by.
And Ambassador Brink still keeps Michigan very close to her
heart, visiting family in west Michigan every year. Although
she has lived all across the globe through her career, she will
tell you that her favorite place in the entire world to visit
is back along the shoreline of Lake Michigan, and that makes
sense. As I have always said, the Great Lakes are more than a
national treasure to Michiganders. They are actually--they are
ingrained in our DNA, and, clearly, the Great Lakes, are in
Ambassador Brink's DNA as well.
Now Ambassador Brink will have the opportunity to uphold
those Michigan values at a time of incredible upheaval in
Ukraine and I know Ambassador Brink is ready for the challenge.
She is a seasoned diplomat who first joined the State
Department in 1996 and has spent her career in places like
Georgia, Serbia, Slovakia, Uzbekistan--places where she learned
the intricate dynamics that underpin much of the post-Soviet
order in Eastern Europe and Central Asia, and where she learned
early on how Russia chooses to treat its neighbors.
Ambassador Brink will be in charge not just with supporting
our Ukrainian partners in the immediate fight against the
Russian invasion but also in the recovery and rebuilding phases
after.
As someone who was working in the U.S. embassies during the
conflict in the Balkans and in Tbilisi after the Rose
Revolution, Ambassador Brink knows what it takes. Her
leadership is more vital than ever and her service across five
administrations is fitting tribute to the apolitical service to
country that we expect from our civil servants.
I am proud to recognize Ambassador Brink for her
extraordinary professional achievements and to congratulate her
on this opportunity to serve her country. Her success will be
our country's success, and I cannot think of anyone more
equipped for this position, and that is why I would encourage
her swift confirmation.
And thank you for this opportunity to introduce an
absolutely extraordinary woman.
The Chairman. Thank you, Senator Peters, for that glowing
introduction. We appreciate your insights, and I know that
there is a vote on the floor so feel free to leave when you
choose to do so.
More than two months into Russia's horrific war against
Ukraine it seems clear that the battle for the future of
Ukraine is far from over. While Ukraine has impressed the world
with its bravery, a bloody fight continues as we sit here
today.
Just yesterday missiles hit as a top European diplomat met
with the Ukrainian prime minister. Missiles have struck in Lviv
where U.S. diplomats commute from Poland. The Russian military
has destroyed towns and cities, and people are suffering. But
the Ukrainian people continue to fight and defend their
country.
At the same time, American and European diplomats are
working diligently to reopen diplomatic posts while ensuring
the safety and security of our personnel.
And so, Ambassador Brink, thank you for accepting this
critical posting. You will be more than a wartime ambassador.
Your appointment and, I hope, expedient confirmation, along
with the return of American diplomats, sends a powerful message
to the world--we stand with Ukraine and the free world will not
abandon those fighting to protect it.
Once confirmed, you will face multiple complex diplomatic
challenges: navigating relations with NATO and our partners in
Europe, helping refugees find food and shelter, maintaining
Russian sanctions while meeting Europe's energy needs,
documenting Russian war crimes, and supporting policies and
institutions to be ready for reconstruction efforts.
With all this in mind, I am pleased that the Administration
has identified the right person for such a difficult job, and I
am pleased that we are considering a diplomat with extensive
experience, who, as ambassador to Slovakia, has worked with a
large Ukrainian refugee community and ensured the transfer of
critical air defense systems to Ukraine, someone with
experience tackling the security challenges of eastern and
central Europe, who served in Belgrade during the Balkan Wars,
and was a student in Europe when the Berlin Wall fell.
Having said all of that, Ambassador Brink, we are going to
look forward to hearing your thoughts on how you plan to tackle
the challenges that await and about your priorities for the
first few months. It is a difficult challenge and I think you
will be up to it, and we wish you well and your mission.
We are also hearing today from the nominee for the
Coordinator for the State Department Counterterrorism Bureau,
Ambassador Elizabeth Richard. The Coordinator is responsible
for harmonizing the actions of U.S. Government counterterrorism
agencies to support partnering arrangements with state,
nonstate, and multilateral entities.
Ambassador Richard has a long and impressive record of
service as our Ambassador to Lebanon, Deputy Chief of Mission
in Yemen, Deputy Assistant Secretary for Near East Asia
Affairs, just to name a few, in her 36 years of dedicated
service to United States foreign policy.
I look forward to hearing from you about what new
initiatives and directions you will take the Counterterrorism
Bureau upon your confirmation.
Finally, we are considering Ambassador Alex Laskaris for
Chad, a country which for decades was run by strongman Idriss
Deby. It is one of three countries in the Sahel that has
recently experienced a coup, further undermining stability in
an already fragile region. But there is now a chance, however
slight, for Chad to undergo a transformation.
Ambassador Laskaris, I will be interested in hearing now
from you what you will do to support efforts for Chad's
transition to democracy.
In addition, I look forward to hearing from you your plans
for improving U.S. policy balance between defense, diplomacy,
and development, something called for in legislation that I led
in the Senate with Ranking Member Risch, the Trans-Sahara
Counterterrorism Partnership Program Act of 2021.
And with that--and welcome to your respective families,
because as Senator Peters said in his introduction of
Ambassador Brink this is a commitment by families and sacrifice
by them as well, and we appreciate their willingness to
sacrifice as well on behalf of the nation.
Let me turn to Senator Risch for his opening statement.
STATEMENT OF HON. JAMES E. RISCH,
U.S. SENATOR FROM IDAHO
Senator Risch. Thank you, Mr. Chairman, and thank you to
all three of you and your families for your willingness to
serve. It is a sacrifice--we know that--and the American people
appreciate it.
In this time of war and turmoil, the U.S. has not had a
confirmed ambassador on the ground in Ukraine for nearly three
years. I wish it could have been sooner and we would be further
along, but it is what it is and I am glad we were able to
quickly bring Ambassador Brink before us for a hearing today.
Ambassador Brink, if you are confirmed, this job will not
be an easy one. I think that comes as no surprise to you. You
will be responsible for moving the embassy back into our
facilities in Kyiv, helping to shepherd U.S. military,
financial, and humanitarian aid in the right places, and the
war--and when the war is over, and it will be, assisting
Ukraine in rebuilding its country.
There will be a lot of scrutiny from Washington on all of
this. Assuming you are confirmed, and I assume you will be, I
would urge you to take a proactive role in pressing Ukraine to
remain true to its reform path and not allow the fog of war
that has happened to derail that.
I expect you to be a strong advocate for whatever military
assistance Ukraine needs in order to win, and we all have an
expectation that you will remain in close contact with this
committee. We need it. The advice of people on the ground is
vital to shaping decisions in Washington and we need to hear
from you as we continue to support Ukraine in its fight against
the Russian invasion.
Turning to Ambassador Richard and your nomination for
Counterterrorism Coordinator, while we shattered the Islamic
State's grip on Iraq and Syria, problems remain.
Just this morning, the Chairman and I were briefed in depth
on the thousands of foreign terrorists that are languishing,
sometimes in makeshift prisons, in Syria. This is a really
serious problem. It is an unreported problem but it is an
enormous problem.
While a handful of our partners have repatriated their
foreign fighters to face justice, others have not. I welcome
your thoughts on the resolution of this very significant
problem, that ensuring that these fighters do not pose a threat
to U.S. interests.
Finally, I am happy to see--regarding Chad, I am happy to
see an ambassador with a range of experiences working in Africa
as the nominee for ambassador has.
Your record is outstanding, really. You have got a
difficult road ahead of you, of course. U.S. relations with
Chad are complicated by our security partnership, notably, to
counter the terrorist threats in the Sahel and Lake Chad Basin,
and Chad's notoriously undemocratic domestic politics.
This is made more challenging by the coup that occurred
following the battlefield death of the authoritarian president,
Idriss Deby, in April of 2021.
The dissolution of parliament and other institutions and
the installation of his son as head of the Transitional
Military Council all cause serious issues.
It is a critical time for the U.S. relationship with Chad
and it is equally critical we have a confirmed U.S. Ambassador
on the ground. I look forward to hearing what you have to say
in regards to the challenges you face.
With that, thank you, Mr. Chairman.
The Chairman. Thank you, Senator Risch.
We will start off with you, Ambassador Brink. We would ask
you each to summarize your statements in about five minutes or
so so we could have an opportunity to have a conversation with
you.
Your full statements will all be included in the record,
without objection.
And, Ambassador Brink, you are recognized.
STATEMENT OF HON. BRIDGET A. BRINK, A CAREER MEMBER OF THE
SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR, NOMINATED
TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE
UNITED STATES OF AMERICA TO UKRAINE
Ambassador Brink. Thank you, Chairman Menendez, Ranking
Member Risch, and distinguished members of the committee for
this opportunity to appear before you today.
I am honored to be President Biden's nominee for the
position of Ambassador to Ukraine. I am grateful for the trust
and confidence the President and the Secretary have placed in
me. If confirmed, I commit to work with you to advance U.S.
interests in Ukraine.
I am a career Foreign Service Officer with 25 years of
experience. My career focus has been supporting the freedom and
independence of the countries of Europe and greater Europe. I
view this work to which I have dedicated my professional life
as fundamental to our own security.
Our collective effort has created more stable and capable
allies and partners, opened markets to U.S. goods, and advanced
strategic priorities which protect and defend the people of the
United States.
I am deeply proud to have advanced the long-standing
strategic goal of a Europe whole, free, and at peace over five
U.S. administrations. I appreciate the leadership of this
committee and our work to resolve conflicts in the Balkans,
push back against Russian aggression in Eastern Europe and the
Caucasus, and support reforms in young democracies on the edge
of Europe.
I know America is its most powerful overseas when we have
bipartisan support at home with regard to our core national
interests. I appreciate this bipartisan support as we face the
biggest threat to peace and security in Europe in decades.
If confirmed, I pledge to work with you to continue our
commitment to a sovereign, democratic, and independent Ukraine,
free to choose its own future.
To paraphrase the President, in this battle between
democracy and autocracy, between freedom and repression,
between a rules-based order and one governed by brute force,
freedom must prevail. Ukraine must prevail.
If confirmed, my number-one priority would be to advance
the United States' strategic interests which includes a
democratic, sovereign, independent, and prosperous Ukraine. The
courage and heroism of President Zelensky and the people of
Ukraine has inspired us all.
If confirmed, I pledge to work with Congress to help
Ukraine succeed on the battlefield and at the negotiating
table. We will ensure that Russia's effort to dominate Ukraine
is a strategic failure.
I also commit to working with you to continue to provide
humanitarian assistance, economic assistance, and to pursue
accountability for war crimes in Ukraine. In supporting
Ukraine, we are defending the principles of sovereignty and
independence and the international rules-based order.
My second priority would be to help Ukraine rebuild. We
support the decision of the people of Ukraine to integrate more
closely with Europe and to undertake the serious and difficult
internal reforms needed to achieve that goal.
It will require Ukraine to seize this historic opportunity
with the eyes of the world upon it. A democratic, sovereign,
and independent Ukraine is also in the interests of the United
States.
Finally, I take as my most solemn responsibility the safety
and security of the people of our embassy. While we will not be
able to conduct diplomacy in a war zone without risk, I pledge
to work with my leadership and our team to balance risk against
our goals in a way that advances U.S. national interests in
Ukraine.
Coming from Grand Rapids, Michigan, I entered public
service with the values I learned from my family and community.
I want to relay how proud I am to be a part of our career
Foreign Service, underscore the vital role it plays in
promoting U.S. interests and values, and pay tribute to the
people and their families who sacrifice so much to serve our
great country.
I want to salute the current charge d'affaires, Kristina
Kvien, for her exceptional service, and the team of dedicated
Americans and Ukrainians who make up the U.S. Embassy in Kyiv.
If confirmed, it will be an honor of a lifetime to join this
team and lead our collective effort there.
I want to conclude by recognizing those who have made it
possible for me to be here today. First, I want to thank my
husband and fellow Foreign Service Officer, Nicholas Higgins,
who is here today, for his love and support for over 29 years.
We are so proud of our children, also here, Jack and Cole.
As part of a diplomatic family that has moved every few years
for their entire lives, I want to thank them for their own
service to our country.
I would also like to thank my mother, Gwen Brink, father
and stepmother John and Judy Brink; sister Joanna Brink;
nephews Andrew and Andre Brink; Aunt and Uncle Mary and Patrick
Sayne; my in-laws, Adrienne and Kingsley Foster, and all of my
brothers- and sisters-in-law for being bedrocks of support
every step of the way.
Mr. Chairman, Ranking Member, and members of this
committee, thank you again for the opportunity to appear before
you today. I welcome your questions.
[The prepared statement of Ambassador Brink follows:]
Prepared Statement of Hon. Bridget A. Brink
Thank you, Chairman Menendez, Ranking Member Risch, and
distinguished members of this committee for the opportunity to appear
before you today. I am honored to be President Biden's nominee for the
position of Ambassador to Ukraine. I am grateful for the trust and
confidence the President and Secretary Blinken have placed in me. If
confirmed, I commit to work with you to advance U.S. interests in
Ukraine.
I am a career Foreign Service officer with 25 years of experience.
My career focus has been supporting the freedom and independence of the
countries of Europe and greater Europe. I view this work to which I
have dedicated my professional life as fundamental to our own security.
Our collective effort has created more stable and capable allies and
partners, opened markets for U.S. goods, and advanced strategic
priorities which protect and defend the people of the United States.
I am deeply proud to have advanced the longstanding strategic goal
of a Europe ``whole, free, and at peace'' over five U.S.
administrations. I appreciate the leadership of the members of this
committee and our work to resolve conflicts in the Balkans, push back
against Russian aggression in Eastern Europe and the Caucasus, and
support reforms in young democracies on the edge of Europe. I know
America is its most influential overseas when we have bipartisan
support at home with regard to our core national interests.
I appreciate this bipartisan support as we face the biggest threat
to peace and security to Europe in decades. If confirmed, I pledge to
work with you to continue our commitment to a sovereign, democratic,
and independent Ukraine, free to choose its own future. To paraphrase
the President: in this battle between democracy and autocracy, between
freedom and repression, between a rules-based order and one governed by
brute force, freedom must prevail. Ukraine must prevail.
If confirmed, my number one priority would be to advance the United
States' strategic interests, which includes a democratic, sovereign,
independent, and prosperous Ukraine. The courage and heroism of
President Zelenskyy and the people of Ukraine has inspired us all. If
confirmed, I pledge to work with Congress to help Ukraine succeed on
the battlefield and at the negotiating table. We will ensure that
Russia's effort to dominate Ukraine is a strategic failure. I also
commit to working with you to continue to provide humanitarian
assistance and to pursue accountability for war crimes. In supporting
Ukraine, we are defending the principles of sovereignty and
independence and the international rules-based order.
My second priority would be to help Ukraine rebuild. We support the
decision of the people of Ukraine to integrate more closely with Europe
and to undertake the serious and difficult internal reforms needed to
achieve that goal. It will require Ukraine to seize this historic
opportunity with the eyes of the world upon it. A democratic,
sovereign, and independent Ukraine is also in the interest of the
United States.
Finally, I take as my most solemn responsibility the safety and
security of the people of our Embassy. While we will not be able to
conduct diplomacy in a war zone without risk, I pledge to work with my
leadership and our team to balance risk against our goals in a way that
advances our national interests in Ukraine.
Coming from Grand Rapids, Michigan, I entered public service with
the values I learned from my family and community. I want to relay how
proud I am to be a part of our career Foreign Service, underscore the
vital role it plays in promoting U.S. interests and values, and pay
tribute to the people and their families who sacrifice so much to serve
our great country. I want to salute the current Charge d'Affaires,
Kristina Kvien, for her exceptional service and the team of dedicated
Americans and Ukrainians who make up the U.S. Embassy in Kyiv. If
confirmed, it will be an honor of a lifetime to join this team and lead
our collective effort there.
I want to conclude by recognizing those who have made it possible
for me to be here today. First, I want to thank my husband and fellow
Foreign Service officer, Nicholas Higgins, for his love and support for
over 29 years. We are so proud of our children, Jack and Cole. As part
of a diplomatic family that has moved every few years for their entire
lives, I want to thank them for their own service to our country. I
would also like to thank my mother, Gwen Brink; father and stepmother,
John and Judy Brink; sister, Joanna Brink; nephews, Andrew and Andre
Brink; aunt and uncle, Mary and Patrick Sayne; my in-laws; Adrienne and
Kingsley Foster and my brothers and sisters-in-law for being bedrocks
of support every step of the way.
Mr. Chairman, Ranking Member, and members of the committee, thank
you again for the opportunity to appear before you today. I welcome
your questions.
The Chairman. Thank you very much.
Ambassador Richard?
STATEMENT OF HON. ELIZABETH H. RICHARD OF VIRGINIA, A CAREER
MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF CAREER MINISTER,
NOMINATED TO BE COORDINATOR FOR COUNTERTERRORISM, WITH THE RANK
AND STATUS OF AMBASSADOR AT LARGE
Ambassador Richard. Thank you, Chairman Menendez and
Ranking Member Risch, and distinguished members of the
committee. It is an honor to appear before you today as
President Biden's nominee to be Coordinator for
Counterterrorism at the State Department. I am deeply grateful
to the President and the Secretary for their support and
confidence.
Over the course of my 36 years as a Foreign Service
Officer, I have had the privilege of serving in some of our
most challenging posts, including Lebanon, Yemen, Pakistan, and
Afghanistan.
During that time, I have taken part in robust efforts by
the U.S. and our partners and allies to confront the challenges
to our security from terrorist groups in these regions and
beyond.
We have prevented another terrorist attack on the homeland
and greatly weakened ISIS and al-Qaeda, though both groups
continue to try to expand their geographic reach, creating new
challenges.
Terrorist groups threatening the United States and our
partners today are more geographically diverse, more
ideologically diverse, and more technologically adept than ever
before. We must remain vigilant in addressing this complex and
dynamic terrorist landscape.
Iran, the world's largest state sponsor of terrorism, and
its proxies continue their destabilizing behavior in the Middle
East and beyond. I have seen firsthand the results of Iran's
malign influence and I fully understand the need to keep the
pressure on.
If confirmed, I will continue to work with our partners to
do just that.
Terrorist groups in Africa, exploiting poor governance and
economic despair, are growing more destructive by the day.
Groups like Boko Haram, Al Shabaab, and, increasingly, ISIS
thrive in this environment and they threaten our interests in
the region. If confirmed, I will work to increase international
attention to these areas.
There is also a rising danger from racially or ethnically
motivated violent extremists, which FBI Director Wray elevated
in 2020 to a threat on par with ISIS and al-Qaeda.
In addition to the increasing organizational
decentralization of these groups, challenges to detecting and
disrupting terrorist attacks include the exploitation of social
media to radicalize and recruit, the use of commercially
available encrypted communications, the deployment of
commercially available drones, and the employment of
sophisticated financial schemes.
The State Department plays an integral role in the overall
U.S. Government counterterrorism effort by fostering
international consensus as well as by helping build the
capacity of partners and allies.
U.S. counterterrorism efforts are shifting from a U.S.-led
partner enabled approach that relies heavily on military power
to one in which our partners have to have the will and
capability to lead in addressing threats on their own soil.
If confirmed, I will prioritize efforts to reduce the
continuing threat that ISIS poses around the world. Under U.S.
leadership, the 84-member Global Coalition to Defeat ISIS has
made major strides against the group in Iraq and Syria. It is
now also focused on addressing ISIS threats in Africa and
emanating from Afghanistan.
As part of that effort, I would prioritize the following:
repatriating foreign terrorist fighters and their families from
Syria to their countries of origin; strengthening the detention
facilities in which they are now housed; and improving
conditions in displaced persons camps in Syria to prevent them
from becoming incubators for the next generation of ISIS
fighters.
While countering terrorism is vital to U.S. national
security, there are many other priorities and finite resources.
While it is critical that the United States maintains its
leadership role in international counterterrorism efforts, our
partners should also shoulder a greater share of the burden.
Finally, I commit to working with you to ensure that the
Congress is regularly informed and consulted on all our
counterterrorism efforts.
With that, Chairman Menendez, Ranking Member Risch, I
really appreciate your consideration today and I thank you for
the opportunity to appear before you, and look forward to your
questions.
[The prepared statement of Ambassador Richard follows:]
Prepared Statement of Hon. Elizabeth H. Richard
Thank you, Chairman Menendez, Ranking Member Risch, and
distinguished members of the committee. It is an honor to appear before
you today as President Biden's nominee to be Coordinator for
Counterterrorism at the Department of State. I am deeply grateful to
President Biden and Secretary Blinken for their support and confidence
in me.
Over the course of my 36 years as a Foreign Service Officer, I have
had the privilege of serving in some of our most challenging posts,
including Lebanon, Yemen, Pakistan, and Afghanistan. During that time,
I have taken part in robust efforts by the U.S. and our partners and
allies to confront the challenges to our stability and security from
terrorist groups in these regions and beyond. We have prevented another
terrorist attack on the homeland and greatly weakened ISIS and al-
Qa'ida, though both groups continue to work to expand their geographic
footprint, creating new challenges.
Terrorist groups threatening the United States and our partners
today are more geographically dispersed, more ideologically diverse,
and more technologically adept than ever before. We must remain
vigilant in addressing this dynamic and complex terrorist landscape.
Iran--the world's largest state sponsor of terrorism--and its
proxies continue their destabilizing behavior in the Middle East and
beyond. I have seen, first-hand, the results of Iran's malign influence
and use of proxies and fully understand the need to keep the pressure
on and, if confirmed, I will continue to work with our partners, to do
the same.
Terrorist groups in Africa exploiting poor governance and economic
despair are growing more destructive by the day. Groups like Boko
Haram, al-Shabaab and Jama'at Nusratul Islam wal Muslimin (JNIM), and
increasingly ISIS, thrive in this environment and threaten our
interests in the region. If confirmed, I will work to increase
international attention to this region. There is also a rising danger
from racially or ethnically motivated violent extremists, which FBI
Director Wray elevated in 2020 to a threat on par with ISIS and al-
Qa'ida.
In addition to the increasing organizational decentralization of
these groups, challenges to detecting and disrupting terrorist attacks
include the exploitation of social media to radicalize and recruit, use
of commercially available encrypted communications, deployment of
commercially available drones, and employment of sophisticated
financial schemes.
The State Department plays an integral role in the U.S.
Government's counterterrorism efforts by fostering international
agreement on the need to confront these terrorist groups as well as by
helping build the counterterrorism capacity of our partners.
U.S. counterterrorism efforts are shifting from a U.S.-led,
partner-enabled approach that relies heavily on military power to one
in which our partners have the will and capability to lead in
addressing terrorist threats on their soil. As U.S. efforts become more
focused on building partner capacity, the Counterterrorism Bureau's
work will be vital.
If confirmed, I will prioritize efforts to reduce the continuing
threat that ISIS poses around the world. Under U.S. leadership, the 84-
member Global Coalition to Defeat ISIS has made major strides against
the terrorist group in Iraq and Syria and is now also focused on
addressing ISIS threats in Africa and emanating from Afghanistan.
As part of that effort, I will prioritize repatriating foreign
terrorist fighters and their family members from Syria to their
countries of origin, strengthening the detention facilities in which
they are now housed and improving conditions in displaced persons camps
in Syria to prevent them from becoming incubators for the next
generation of ISIS fighters.
While countering terrorism is vital to U.S. national security
interests, there are many other priorities and finite resources. While
it is critical that the United States maintains its leadership role in
international counterterrorism efforts, our partners should shoulder a
greater share of the burden.
If confirmed, I will work both bilaterally and multilaterally to
spur all those threatened by terrorism to do more to address these
threats. I will also work to ensure that our foreign assistance
resources are spent wisely on programs that help partners develop the
capability to secure their borders, investigate and disrupt terrorist
plots, track terrorist financing, bring terrorists to justice, prevent
and counter violent extremism, and rehabilitate and reintegrate former
terrorists.
I will also promote a counterterrorism approach that upholds the
rule of law and respect for human rights. Finally, I commit to working
with you to ensure that Congress is regularly informed and consulted on
counterterrorism efforts.
With that, Chairman Menendez, Ranking Member Risch, I appreciate
your consideration and thank you for the opportunity to appear before
you today. I look forward to your questions.
The Chairman. Thank you. A career foreign service officer
who does not use all five minutes, that is extraordinary.
Ambassador Laskaris?
STATEMENT OF HON. ALEXANDER MARK LASKARIS OF THE DISTRICT OF
COLUMBIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS
OF MINISTER-COUNSELOR, NOMINATED TO BE AMBASSADOR EXTRAORDINARY
AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE
REPUBLIC OF CHAD
Ambassador Laskaris. Thank you, Mr. Chairman, Ranking
Member. It is a deep honor to appear before the Senate Foreign
Relations Committee for the second time in my career.
I am deeply grateful to President Biden and Secretary
Blinken for their support and, if confirmed, for the
opportunity to continue my 31-year career in the Foreign
Service in the Republic of Chad.
To an Africanist, the word Chad conjures up memories of
great kingdoms rooted in storied civilizations going back more
than a thousand years in recorded history. Today's Chad is a
rich mosaic of peoples, cultures, languages, and religions
encompassing the worlds of the desert, the savanna, and the
forest in an area three times the size of California.
A rich past notwithstanding, however, today's Chad is also
one of the poorest countries in the world, ranking 187th out of
189 countries in the U.N.'s Human Development Index.
It has some of the highest rates of maternal and infant
mortality in the world and some of the lowest incomes, life
expectancies, and literacy rates. It is within both our
interests as a nation and our values as a people that we work
to address these conditions.
There are security issues that require our attention, but
they should never divert us from the fundamental development
challenges that call for greater action and which, I believe,
define our work in Chad and will define my work in Chad, if
confirmed.
We have been partners with Chad since its earliest days as
an independent republic and we helped defend its national
sovereignty and territorial integrity against armed Libyan
irredentism in the 1980s.
Perhaps this memory of an attempt by Colonel Qaddafi to
forcibly seize the northern third of its territory contributed
to Chad's strong and welcome denunciation of the Russian
invasion of Ukraine.
Two battalions of Chadian peacekeepers have long served in
the U.N. Mission in Mali, and Chadian soldiers have joined the
regional and international coalitions against violent extremist
organizations in the Sahel and the Lake Chad Basin.
U.S. military personnel have always been welcome in Chad,
and today some 75 American service members deploy to N'Djamena
where they support the Multinational Joint Task Force in the
Lake Chad Basin and support our French and African partners in
the Greater Sahel.
Chad and its people have also been superb hosts to refugees
from Sudan, the Central African Republic, and Cameroon. The
people have welcomed their brothers and sisters fleeing
violence, and the Government has ensured that humanitarian
assistance from the international community, led by the United
States, has reached its intended beneficiaries.
Mr. Chairman, Chad gained its independence in 1960 and has
had six presidents in the last 62 years. None of the incumbents
left power voluntarily and none of the successors assumed power
via constitutional processes.
In its modern history, Chad has been governed by and for
narrow regional and ethno linguistic interests. It has also
been governed more by the force of arms than by the force of
law.
Following the death of President Idriss Deby in April of
2021 and under Chad's constitution, the president of the
National Assembly should have assumed the powers of the
presidency on an interim basis and led the country quickly to
new elections.
But he refused and that did not happen. Instead of the
process laid out in the constitution, Chad has a Transitional
Military Council led by one of the late president's sons that
has pledged a national dialogue leading to new elections.
After the death of President Deby, the United States called
for a peaceful, timely, and civilian-led transition of power to
a democratically-elected government. The predialogue
negotiations underway in Qatar are a critical step.
If confirmed, I will continue to work with the African
Union and our international partners and Chadians of goodwill
to support an inclusive, peaceful, and timely transition to a
democratic and civilian-led government.
The goal and the hope that we share with the people of Chad
is the first democratic transfer of power in the country's
history, one that empowers a new government to tackle the
profound development challenges it will face on inauguration
day.
Unique in Chad's history, Transitional Military Council
President Mahamat Deby has said publicly that he has no
intention of running in the ensuing elections, the timing of
which depends on a successful national dialogue.
Effective elections alone will not guarantee the success of
the transition but is an important signal to the people of Chad
and to Chad's international partners that political power must
be contested at the ballot box and not on the battlefield.
As I begin to formulate my own thinking on how I will
advance U.S. interests in Chad, if confirmed, I go back to my
two wonderful years on the faculty of the National War College,
where we teach our students to formulate strategy by defining
their ends, ways, and means.
Our end state in Chad must be a stable country at peace
with itself and able to contribute to peace building in the
region. Our ways consist of our portfolio of assistance and
engagement programs and those of our interagency and
international partners.
Our means are the hard work under challenging conditions of
our small embassy and the generosity of the American people
acting through their elected, executive, and legislative
branches.
Thank you again, Mr. Chairman and Ranking Member, and I am
happy to answer any questions either now or for the record.
[The prepared statement of Ambassador Laskaris follows:]
Prepared Statement of Hon. Alexander Mark Laskaris
Thank you, Mr. Chairman, Ranking Member. It is an honor to appear
before the Senate Foreign Relations Committee for a second time.
I am deeply grateful to President Biden and Secretary Blinken for
their support, and--if confirmed--for the opportunity to continue my 31
year-career as a foreign service officer.
To an Africanist, the word ``Chad'' conjures up memories of great
kingdoms rooted in storied civilizations dating back to some 1,000
years of recorded history. Today's Chad is a rich mosaic of peoples,
cultures, languages, and religions encompassing the worlds of the
desert, the savannah, and the forest in an area three times the size of
California.
A rich past notwithstanding, today's Chad is also one of the
poorest countries in the world, ranking 187th out of 189 countries in
the U.N.'s Human Development Index. It has some of the highest rates of
maternal and infant mortality in the world, and some of the lowest
incomes, life expectancies, and literacy rates.
It is within both our interests as a nation and our values as a
people that we work to address these conditions. There are security
issues that require our attention, but they should never divert us from
the fundamental development challenges that call for greater action and
must define our work in Chad.
We have been partners with Chad since its earliest days as an
independent republic, and we helped defend its national sovereignty and
territorial integrity against armed Libyan irredentism in the 1980s.
Perhaps this memory of an attempt by Colonel Qadhafi to forcibly seize
the northern third of its territory contributed to Chad's strong and
welcome denunciation of the Russian invasion of Ukraine.
Two battalions of Chadian peacekeepers have long served in the U.N.
Mission in Mali and Chadian soldiers have joined the regional and
international coalitions against violent extremist organizations in the
Sahel and the Lake Chad Basin. U.S. military personnel have always been
welcomed in Chad, and today there some 75 American service members
deployed to N'Djamena, where they support the Multinational Joint Task
Force in the Lake Chad Basin, as well as our African and French
partners in the Sahel.
Chad and its people have also been superb hosts to refugees fleeing
violence in Sudan, the Central African Republic, and Cameroon. The
people have welcomed their brothers and sisters fleeing violence, and
the Government has ensured that humanitarian assistance from the
international community, led by the United States, has reached its
intended beneficiaries.
Mr. Chairman, Chad gained its independence in 1960 and has had six
presidents in the last 62 years. None of the incumbents left power
voluntarily, and none of their successors assumed power via
constitutional processes. In its modern history, Chad has been governed
by and for narrow regional and ethno-linguistic interests. It has also
been governed more by the force of arms than by the force of law.
Following the death of President Idriss Deby in April 2021 and
under Chad's 2020 constitution, the President of the National Assembly
ultimately should have assumed the powers of the presidency on an
interim basis and led the country quickly through to new elections.
But he refused and that did not happen.
Instead of the process laid out in the constitution, Chad has had a
Transitional Military Council led by one of the late President's sons.
It has pledged a national dialogue leading to new elections.
After President Deby's death, the United States called for a
peaceful, timely, and civilian-led transition of power to a
democratically elected government. The pre-dialogue negotiations
underway in Doha are a critical step.
If confirmed, I will continue to work with the African Union and
our international partners to support an inclusive, peaceful, and
timely transition to a democratic and civilian-led government. The
goal--and the hope--that we share with the people of Chad is the first
democratic transfer of power in the country's history, one that
empowers a new government to tackle the profound development challenges
it will face on inauguration day.
Unique in Chad's history, Transitional Military Council President
Mahamat Deby has said publicly that he has no intention of running in
the ensuing elections, the timing of which depends on a successful
national dialogue. Effective elections alone will not guarantee the
success of the transition, but it is an important signal to the people
of Chad and to Chad's international partners that political power must
be contested at the ballot box, and not on the battlefield.
As I begin to formulate my own thinking on how I will advance U.S.
interests in Chad--if confirmed--I go back to my two wonderful years on
the faculty of the National War College, where we teach our students to
formulate strategy by defining their ends, ways and means.
Our end state in Chad must be a stable country at peace with itself
and able to contribute to peacebuilding in the region. Our ways consist
of a small embassy; our portfolio of assistance and engagement
programs; and our interagency and international partners. Our means are
the hard work under challenging conditions of some 600 American and
Chadian staff, including just 36 U.S. direct hires, and the generosity
of the American people acting through their elected executive and
legislative branches.
Thank you again, Mr. Chairman and Ranking Member, and I am happy to
answer any questions, either now or for the record.
The Chairman. All right. Thank you as well.
We will start a round of questions. Let me start with
questions on behalf of the committee as a whole, and these
really go to the nature of what we expect on responsiveness by
officials in the executive branch and that we expect and will
be seeking from you. A simple yes or no would be responsive to
the question.
Do you agree to appear before this committee and make
officials from your office available to the committee and
designated staff when invited?
[All witnesses answer in the affirmative.]
The Chairman. Do you commit to keeping the committee fully
and currently informed about the activities under your
portfolio?
[All witnesses answer in the affirmative.]
The Chairman. Do you commit to engaging in meaningful
consultation while policies are being developed, not just
providing notification after the fact?
[All witnesses answer in the affirmative.]
The Chairman. And, lastly, do you commit to promptly
responding to requests for briefings and information requested
by the committee and its designated staff?
[All witnesses answer in the affirmative.]
The Chairman. Okay. The record will know that all of the
nominees responded yes to all of the questions posed. The Chair
will recognize himself to start off with.
Over the weekend, Charge d'Affaires Kristina Kvien took a
small team to our embassy in Kyiv. Can you give us a sense,
Ambassador, of how you envision, upon confirmation, bringing
back our diplomatic presence in Ukraine?
Ambassador Brink. Yes, Senator. Thank you for the question.
I think it is a really important one. I was delighted myself to
see Charge Kvien in Kyiv on Sunday.
I think it is really important for us to be there in person
and present. She is there now, and I know she is laying the
groundwork to return our embassy operations in coordination
also with Congress and the steps that need to be taken.
We will have to look at the security situation. But I have
great confidence in our security experts, including those on
the ground, to give us advice that allows us to continue to
advance our strategic interests, which means being present to
work with the Ukrainians, work with other embassies, and also
coordinate back with Washington from Kyiv.
I do not know exactly how fast we will be able to do this
process. But I know we are trying to do it as fast as possible
and it is, certainly, my hope and plan, if confirmed, to be
able to start my mission in Kyiv.
The Chairman. Yeah. And would it be fair to say that
however physical form it might take that your goal is to have
robust engagement with the Ukrainian Government?
Ambassador Brink. Yes, absolutely.
The Chairman. Along with the overwhelming majority of my
colleagues who are working hard to support the Administration's
latest requests for more assistance to Ukraine, it is
absolutely critical that we work with our partners to provide
Ukraine the military assistance it needs to defend against
brazen Russian aggression while also ensuring delivery of
critical humanitarian relief for Ukrainians, their neighbors,
who have welcomed refugees with open arms, and address the
global implications for food security and energy security.
Let me ask you, will you commit to the committee that upon
your confirmation you will work with the Ukrainian Government
to, ultimately, ensure that we have the information and
accelerate the delivery of lethal assistance for Ukraine?
Ambassador Brink. Yes, absolutely.
The Chairman. And can you also work with us? We are very
much expeditiously doing everything we can to promote this
assistance to Ukraine but we are talking about billions of
dollars, how they are going--making sure they are truly needed
where they are going, how they are being used.
In this regard, can I get your commitment to frequently
consult with me and our committee staff on our oversight
efforts with respect to security assistance, with respect to
humanitarian assistance, as we move forward?
Ambassador Brink. Yes, Senator. Absolutely.
The Chairman. And then I know that we are in the midst of
the war but I also think--thinking about the future, hopefully,
the not too distant future about reconstruction in Ukraine
helps light the way so that there is light at the end of a very
long, harrowing period of time.
Do you see part of your role as thinking about working with
the Ukrainians about what reconstruction and rebuilding looks
like?
Ambassador Brink. Yes, absolutely.
The Chairman. Okay. We look forward to working with you on
all of those elements.
Let me turn to Ambassador Richard. Senator Risch alluded to
it. We heard from the king of Jordan today in a meeting we had
with him about these ISIS fighter camps in Syria 70,000, 75,000
strong.
Sounds like it is a great breeding ground for the next
generation of ISIS fighters. What is your thinking about how we
deal with that challenge?
Ambassador Richard. Yes, sir. I agree. It is a serious,
serious problem and it is fundamentally unsustainable, and we
saw this with the attack in Hasakah just a couple of months
ago.
We have worked up till now, as far as I understand, with
partners and allies, trying to get countries to take some of
these people back. I think it is, clearly, not enough and we
need to redouble our efforts and really insist because keeping
them here in this limbo is a total incubator for more
terrorism.
Also, on the issue of the humanitarian camps where families
are, the conditions are horrific and also potentially a
breeding ground for more terrorism.
The Chairman. Let me ask you, the 21st century challenges
of where the battles are, including in the context of
terrorism, are, in one dimension, cybersecurity. What do you
see as the current and prospective role of the bureau with
respect to addressing international cybersecurity terrorism?
Ambassador Richard. I think you are absolutely right that
one of the big challenges for us on--especially on terrorism in
the future is this information domain. It is cyber, it is
encrypted communications, and it is social media.
I am very, very happy to see that the State Department has
created, finally, a bureau to deal with cyber issues and
information, and I hope that CT, if I were to be confirmed,
would be part of a very robust interagency coordination on
these issues because every agency in the Government, really, is
focusing on this now.
The Chairman. All right.
Senator Risch?
Senator Risch. Thank you, Mr. Chairman.
Ambassador Brink, have you spoken with the Charge since
they have been back in Kyiv?
Ambassador Brink. I have not spoken but I have communicated
with her.
Senator Risch. What did she tell you about the status of
our infrastructure there?
Ambassador Brink. I only saw one message that she had sent
back, which just said it was jarring how close the Russians
came to Kyiv.
Senator Risch. The suggestion was that our infrastructure
is sufficient to reopen. Is that what you are gathering over
this?
Ambassador Brink. I did not see details on that and I would
not necessarily at this point be involved in that. But I did
see a couple pictures which showed there was some damage to the
outside of our embassy building.
Senator Risch. Significant damage or superficial or what?
Ambassador Brink. I could not tell. It looked superficial.
But I do not have information on more than that.
Senator Risch. Do you--we tried to bring the Secretary of
State down the other day when he was here. Do you have any
expectation of a time frame when you think you might be able to
get back?
Ambassador Brink. Sir, I can say, if confirmed, as soon as
possible.
Senator Risch. That is what we got out of the Secretary of
State. Not very helpful. I get that, though. The security issue
has got to be resolved and at least deeply assessed before that
happens. I get that.
How would you compare the challenges that you are going to
face there to the other postings that you have had? You have
had considerable experience in this regard. How would you
compare this, if you are able to?
Ambassador Brink. Sir, if I just might say on your last
question, I know that the team that is there on the ground
right now is actively doing everything possible to return
embassy operations as soon as possible. I expect that they will
be able to do that very soon.
Senator Risch. And I am told--there is other countries that
are up and operating there already, I am told. Is that correct?
Is that your understanding?
Ambassador Brink. I understand that, too.
Senator Risch. We sure do not want to be last to the party
so we need to move along as best we can. But back to the
question that I asked, how would you assess the challenges you
are going to face here to some of the other postings that you
have had? You have, certainly, had a lot of experience in this
area.
Ambassador Brink. Sir, I would assess the challenge to be
enormous. But I would also assess that, from what I have seen,
one of the most remarkable things about this effort is the
President's, the Secretary's, and others bringing together this
remarkable coalition to push back against Russia's war of
choice in a way I do not think I have ever seen in my 25 years
in the service.
I feel that we have the commitment and the motivation and
the drive, and with your support and with your funding and
congressional support and the support of almost all of the
world, I think we can face this very enormous challenge.
But I do not underestimate how much challenge the
ambassador on the ground will have. But I also believe I have
an excellent team of people working across the entire
administration who are fully committed to succeeding in our
goal, which is to help Ukraine defend itself.
Senator Risch. Thank you.
Ambassador Richard, I share the same concerns that the
Chairman has regarding what we heard today about these
thousands of people that are in prison camps. I do not know how
you are going to address that.
One of the suggestions was, of course, getting them
repatriated. I am not sure that that resolves the problem. I
mean, simply being repatriated to where they came from does not
seem to me--it sounds like you are just letting them out of
prison. And what are your thoughts on that?
Ambassador Richard. Thank you, sir. Repatriation, for me,
is a shorthand for repatriation, reintegration, if possible, or
incarceration. What I think some of the countries of origin do
not want to deal with is that exact problem.
The best outcome, if we have evidence that people are
fighters, is for a legal process that keeps them in jail and
that is going to be difficult to do. But it is what we have to
press for because the current situation is unsustainable and
just sending them somewhere and letting them go is also not a
solution.
Senator Risch. There is no question about that and it is,
certainly, an unreported problem. There are not people talking
about this. I have no doubt you will resolve it once you get
confirmed.
Thank you.
Ambassador Richard. Yes, sir.
Senator Risch. Ambassador Laskaris, the Military Council
promised an 18-month election after they took power, and 12 of
those 18 months are already gone. What is your assessment as to
whether they make the 18-month deadline to hold an election?
Ambassador Laskaris. Thank you. Thank you, sir. As I
mentioned in my statement, there have been predialogue
negotiations going on in Qatar. It looks like that is going to
slip to the right.
I think one of the key determinations I will have to make,
if confirmed, when I arrive at post is the quality of process
such that a delay is understandable if not acceptable.
If it is not, then I think we have to work with our
partners to push the process back into the right direction. But
to answer your question, I think 18 months probably will slip.
Senator Risch. Yeah. I cannot see how--where the 12 months
have gone by with little progress it seems to me that there is
no question that it is going to slip.
I would hope, and I know you will, urge them to move this
along as rapidly as possible because, as we know, the people in
power are just going to drag their feet, hoping to be able to
stay in power.
Good luck at that, and I thank all of you again for your
service. Thank you, Mr. Chairman.
The Chairman. Thank you.
Senator Murphy?
Senator Murphy. Thank you very much, Mr. Chairman. Let me
reiterate the Chairman's thanks to you and your families for
your willingness to serve some of the most important posts that
currently exist in the Foreign Service.
Ambassador Brink, I wanted to draw upon your experience
working in Slovakia. Slovakia is presently one of the countries
that is raising some of the most vocal objections to the EU's
plans to wean itself off of Russian oil and the reason is
pretty evident. This is a country that is almost wholly
dependent on Russian energy.
I want to make sure that as a committee we see the full
picture of how you defend Ukraine. Certainly at the top of the
list is sending the weapons they need to fight this fight and
win it.
But in order to keep Europe united, in order to press
against the revenue sources that Russia uses to perpetuate this
war, we have to be in the business of helping countries like
Slovakia become energy independent.
And so I wondered if you just might share with us a few of
your thoughts, given your broad experience in a country that
has remained dependent, as to the focus we should have not just
on the war in Ukraine but also in this project to try to dry up
Russia's revenue source in Europe.
Ambassador Brink. Thank you so much, Senator Murphy.
I am so proud to be the President's representative in
Slovakia at this time, a country of 5 million people on the
frontlines right now of Russia's war of choice in Ukraine, and
you are correct that there is debate--an active debate--within
the Government of Slovakia about how to become less dependent
on Russia.
But I would say and what I know is that the political
leadership has decided across the board in government that
Slovakia must become less dependent on Russia and it is a
question of how to do it in a way that causes the least pain to
the population.
Slovakia is nearly 100 percent dependent on Russia for all
of its energy--for nuclear, for oil, and for gas. It is a big
challenge. There are U.S. companies trying to help Slovakia
reduce this burden and we ourselves have been raising this for
quite a long time.
You, Senator Shaheen, and others, I know, have long
expressed interest in trying to do this, I, myself, as a policy
priority, and it is now that we have this opportunity.
Supporting countries like Slovakia, I think, is critical. I
would just say a couple other things. Slovakia has received
over 400,000 refugees from Ukraine, which is about 7 percent of
the population, and as the First Lady saw just on Sunday when
she was there, the Slovaks have opened their arms, their
hearts, and their homes to these refugees in a way that is
really remarkable.
Refugees can come to Slovakia for a year and they get full
benefits from the Government--educational benefits. They are
able to work. They are able to live in Slovakia.
And also I just want to highlight that Slovakia has been an
enormous outsized donor of security assistance and I am really
proud to have been part of this effort on the U.S. side with
the Secretary of Defense and others and, ultimately, our
President to provide Slovakia the backfill so that Slovakia
could provide S-300 anti-air systems.
In a nutshell, Senator, it is really important to keep
supporting the frontline states and they need help in various
ways. But states like Slovakia have really stepped up, in my
opinion.
Senator Murphy. Ambassador Richard, good to see you again.
Thank you for your tremendous service in Lebanon. Thanks for
welcoming me and a delegation there recently.
I wanted to ask you a question about a January directive
from Secretary Austin to strengthen efforts to prevent civilian
deaths and improve the way the DOD investigates claims of
civilian harm in U.S. combat operations, and this is
specifically relevant to drone strikes.
You have served in Yemen. You know the reports of pretty
significant civilian casualties of our drone operations. You
have also probably seen research suggesting that in areas where
we have had the highest level of drone activity often terrorist
groups have the highest level of recruitment success.
Just want your commitment that you are going to work with
the Department of Defense to ensure that we minimize civilian
harm and also in a very short amount of time get your takeaways
as to the upside and downside of our drone activities as a
mechanism to combat terrorism.
Ambassador Richard. Thank you for that question and it is,
as you know, an obviously very complex and fraught issue.
I have worked with my DOD colleagues very closely in every
assignment I have been in since--in the last 15 years and I
have seen firsthand how hard this is because there is the need
to deal with an imminent threat, often against our own troops
or our own American citizens, and the need to balance the
civilian casualties, and I really welcome DOD's ability to look
at this, accept that there is a problem, and really going after
trying to figure out how to do it better.
And so if I am confirmed I would really welcome working
with them from the civilian side of the house on how to do
that.
The Chairman. Thank you.
Senator Portman is next.
Senator Portman. Thank you, Mr. Chairman, and I appreciate
your having this hearing today on some really critical
nominations, particularly the nominee for Ukraine.
I have been pushing for us to get an ambassador nominated
for a long time now at the end of the last administration and
into this administration, and I think it is absolutely crucial
that we get someone there.
I am glad the Administration has nominated someone and I am
glad they chose a career ambassador who has experience in the
area both in Eastern Europe generally and specifically in
Ukraine.
This nomination of Ambassador Brink is really critical. We
have got to move her quickly. I know the Chairman and Ranking
Member agree with that. I appreciate your moving her so quickly
to a hearing.
Over the weekend, the President announced that we have
withdrawn another $150 million from the presidential drawdown
authority, which means there is probably less than $100 million
left, and here we are in Congress not yet acting on this
supplemental request.
Literally, munitions, in addition, of course, to new
weapons are potentially going to be stalled. It is critical
that we act and act quickly so we do not have a gap in these
munitions and deliveries right now, which is a crucial time,
obviously, in what is going on in the eastern and southern part
of Ukraine.
I just wonder, Ambassador Brink, if you could talk a little
about that. Why is it so important that we get this legislation
passed quickly? What would it mean if we did not?
Ambassador Brink. Thank you, Senator Portman.
I just wanted to start by thanking you and also Senator
Murphy for your support of the Global Engagement Center in
Disinformation. I know that has been a big effort of yours and
it is really important for Ukraine but also for Slovakia and
all these other countries that face this huge challenge.
Senator Portman. You answered my second question already.
[Laughter.]
Senator Portman. I am going to get back to that a little
bit. Thank you.
Ambassador Brink. Okay. It is incredibly important that the
supplemental move fast. I do not know the latest, perhaps, but
I understand it is moving.
But what we are trying to do as an administration is move
security items as fast as possible to Ukraine. While we have
already provided some $3.8 billion worth of security
assistance, the needs are large. We are working closely with
allies and partners on those needs and with the Ukrainians,
obviously, and also with you and your staffs.
But it is really important that we are able to continue
that. I think most people assess that these next few weeks and
maybe longer are critical to the ultimate result of this war of
choice.
Senator Portman. Yeah. Let me ask a little about how you
intend to conduct yourself as ambassador. I have gotten the
pleasure of working with a few ambassadors when we had a
nominated and confirmed ambassador, and different styles a
little bit--Geoffrey Pyatt and Marie Yovanovitch.
Do you know Lieutenant General Terry Wolff, who is the
Ukraine security coordinator?
Ambassador Brink. I do not, but I will look forward to
meeting him.
Senator Portman. Would you intend to work closely with him?
Ambassador Brink. Of course. Yes.
Senator Portman. I think that is important that you view
this role not just as a diplomatic role but, really, as a way
to deal with the pressing issue of their defense of their
country and with things being on the line currently. I think
General Wolff is going to need your help, and vice versa.
Do you know General Dayton?
Ambassador Brink. No, I do not know General Dayton.
Senator Portman. He was the coordinator previously for the
training efforts and also someone who I hope you will get to
know and work with because I think that is an important part of
your function, should you be confirmed, which I believe you
will be, hopefully quickly.
What do you think they currently need militarily that they
are not getting?
Ambassador Brink. I think the needs are evolving. I would
need to come back to on what the precise needs are at this
moment. But I know they are changing.
What they needed to defend Kyiv is different than what they
need now to try to defend the east and the south. I think it is
an evolving situation and we need to work closely with the
Ukrainians on this.
I can say, having served in the Balkans in many of the
places where these protracted conflicts are around the region,
that it is my great pleasure to work with our military and I
feel I have long worked well and closely with them and would
see us as absolute partners in this effort.
Senator Portman. Excellent. There is also, obviously, a
humanitarian crisis and an economic crisis for the country
right now so all these issues are important. But I do think
that you will be the voice of our country over there and
critically you have engaged in all those issues.
On the Global Engagement Center we did talk about that last
week. I appreciate your saying that you have seen the GEC work
in Slovakia. We are outgunned here, just as Ukrainians are
outgunned by a much larger Russian force and more weapons. With
regard to disinformation, Russia, China, other countries are
engaged deeply in this and spend billions of dollars on it.
Can you tell us what the Global Engagement Center can do
better to counter Russia's efforts to justify its invasion and
trying to delegitimize the Ukrainian Government?
Ambassador Brink. Sir, thank you. Again, I think we can
just do more--more, more, more is what I would want because you
are absolutely right. I agree with you. We are outgunned. We
are outresourced. We are outmaneuvered. We have to do as much
as we can.
It is a challenge. Disinformation is something that is
pervasive in Europe and elsewhere and so we have to do as much
as we can. We have to be creative and innovative and
something--sometimes bureaucracies are not. But that is what we
need to do to deal with this. It is a very big threat to us and
our way of life.
Senator Portman. Thank you, Madam Ambassador. Thank you,
Chairman.
The Chairman. Thank you.
Senator Van Hollen, I had told Senator Coons--I did not see
you sitting there--that he could go next because he has an
engagement. Would you yield to him?
Senator Van Hollen. Absolutely.
Thank you. Senator Coons?
Senator Coons. Thank you, Mr. Chairman.
The Chairman. And I will let Senator Murphy preside as I go
vote.
Senator Coons. And thank you to my colleague from Maryland.
Ambassadors, wonderful to see you. Thank you for your
service to our nation. I am looking forward to seeing you
confirmed in the various places where you will serve that are
all important areas of engagement.
If I might, Ambassador Brink, we are finalizing what I hope
will be a $40 billion emergency supplemental package for
Ukraine that will include military, economic, and humanitarian
assistance.
I am particularly focused on the humanitarian assistance
because I am the chair of the State and Foreign Operations
Subcommittee. Ukraine is, was, and should be, again, the
breadbasket of Eastern Europe rather than a country now known
to have thousands in bread lines.
What do you think will be the biggest challenges, moving
forward, in terms of providing humanitarian assistance to the
people of Ukraine?
And I am particularly concerned about the ongoing blockade
of the port of Odessa. My sense of the future for Ukraine is
that we will genuinely struggle to have a vibrant Ukraine
without a vibrant economy, and a vibrant economy will not
happen until the 98 percent of Ukrainian grain exports that
went out of the port of Odessa before the conflict are able to,
once again, transit freely and then be that great source of
revenue that they have been in the past.
I would be interested in your thoughts about how we get
assistance into Ukraine during this war and how we get
Ukrainian food and oil and other critical products out of the
port of Odessa.
Ambassador Brink. Thank you, Senator. This is an excellent
question. In addition to the some 5 million refugees in
surrounding states of Ukraine, there are approximately 7.7
million IDPs within Ukraine. A huge humanitarian crisis is
happening right now.
We have had some luck, as I understand, in--and some
success and a lot of success, I think, in working with our
international organizations that we fund, and they are
implementing partners that are also working in Ukraine to move
humanitarian assistance into Ukraine.
I think the last tranche is something like $565 million in
humanitarian assistance. It is not easy. This is wartime
environment. I would guess it can happen in the same as it
would in any other environment. But these are also
professionals and experts in such situations and we are relying
very heavily on them to get humanitarian assistance where it is
intended to go.
On the question of moving things out of the ports, this is
a big challenge right now because Russia is blocking the ports
that--in the Black Sea and the Sea of Azov.
We are trying to work with international partners and
others to help find alternative routes for grain and corn out
of Ukraine as well as to work with the other relief
organizations to supplement those countries that had depended
upon these exports.
It is an enormous challenge. I think the benefit we have,
as I mentioned before, is President Biden's and this
administration's success in galvanizing a coalition of like-
minded people who together condemned this war of choice and are
ready to work together and that is exactly what I will, if
confirmed, be glad to jump in and help do.
Senator Coons. Thank you. I look forward to your swift
confirmation as well as your colleagues'.
If I might, Ambassador Richard, briefly, I am very
concerned about the Sahel, about the instability in Mali and in
other countries in the region and the ongoing actions of the
Wagner Group and the ways in which they have really
destabilized several nations--a recent coup d'etat in both Mali
and Burkina.
Senator Graham and I worked on getting the Global Fragility
Act signed into law and it had overwhelming bipartisan support.
Mozambique and coastal West Africa have been targeted as areas
for this strategy to try and strengthen them as bulwarks
against terrorism and instability.
If confirmed, would you work with me and others in this
committee on the Global Fragility Act and ensure that it is
actually used as a tool?
Ambassador Richard. Yes, Senator, I absolutely would and I
really think the Global Fragility Act is a very creative and
interesting new approach to some of the problems we have been
struggling with, especially in Africa.
Senator Coons. Thank you.
And if I might, Ambassador Laskaris, I have visited Chad
once and am watching some of the developments there with grave
concern.
How has this unconstitutional transfer of power following
Idriss Deby's death affected our security cooperation and how
do you think we might be able to more successfully influence
movement towards genuinely free and fair elections in October
of this year?
Ambassador Laskaris. Thank you, Senator, and you were in
the chair 10 years ago when I appeared before this committee as
the nominee for Guinea so I deeply appreciate your presence and
your enduring interest in Africa.
I think we need to work with our African Union partners,
our international partners, to continue to apply pressure on
all the Chadian parties to advance this transitional process
towards the free and fair elections, and I think one of the
critical tasks will be to break the monopoly of the armed
groups on seats at the table.
The more seats we have at the table for unarmed political
parties, for civil society, for women's groups, the better the
outcome will be. I think it is time, after 62 years of having
Chad ruled by the gun, to have it ruled by unarmed
democratically-elected political actors.
Our security assistance right now is, largely, suspended
because of the aftermath of the death of President Deby. Our
assistance--our security assistance focuses on a couple things.
One is the Chadian deployments to the multinational
stabilization mission in Mali where the two battalions have
performed reasonably well. It also helps the Multinational
Joint Task Force in the Lake Chad Basin in the foreign nation
fight against Boko Haram in the Islamic State of West Africa.
I think our challenge is to get the political transition
back on track to improve governance, and the Global Fragility
Act, as well as the Trans-Sahelian Partnership Act, focus on
governance and the lack thereof as the driver of conflict in
the region.
Once we--if and when we can take care of the governance
challenges, I think the security assistance should follow.
Senator Coons. Thank you. Thank you all very much, and I
would like to thank my colleague, again, from Maryland for his
graciousness.
Senator Van Hollen. Thank you. Thank you to the senator
from Delaware. I am not sure I would have had you jump the line
if I knew you are going to take my last question.
But anyway, with all seriousness, Ambassador Laskaris, I
thank you for that answer with respect to the situation in
Chad. Congratulations to all of you on your nominations.
And with respect to the situation in Ukraine, Ambassador
Brink, first of all, thank you for your service in Slovakia and
let me just say I look forward to working with you, when
confirmed, and I expect that will happen, on all the issues
that unite us in our fight to defeat Putin and make sure that
we stand with the people of Ukraine.
Ambassador Richard, I thought I would continue the
conversation with respect to ISIS and I wanted to start with
the situation in northeast Syria because while we have, of
course, made great progress over the years in the fight against
ISIS, we continue to see active cells and my question is what
do we need to be doing right now in working with our Syrian
Kurdish allies, in particular, to prevent the resurgence of
ISIS in the region?
Ambassador Richard. I think--and I am going to caveat this
that I have been out of the active duty part of the State
Department for two years now, but as I look at it, certainly,
reading open source, it is clear that they are holding that
area pretty well.
They are preventing ISIS from starting a new caliphate and
then going out from there. But, again, it is not a stable
situation and so I, honestly, do not know what the answer is
and I look forward to consulting, if I am confirmed, with our
Middle East colleagues to say what manner of Syria issues,
counterterrorism issues, military issues, Iraq, and that whole
area, can we better work on to break out of the kind of stasis
that we are in now.
Senator Van Hollen. I appreciate that. I know in your
opening statement you mentioned the issue of these camps--some
camps with ISIS fighters, some camps with family members--and
this is a problem we have all identified.
But as you probably know, nobody has come up with a good
solution. A number of us were just meeting with King Abdullah
from Jordan and, again, thanking Jordan for taking in many
Syrian refugees. He raised this issue, as many of us did.
But and I do not expect you to come in right now with a
clear answer. But this is something that we have been talking
about for a long time. I do not know if you have any thoughts
to share now as to the best way to tackle it. But I would be
interested if you have some preliminary ideas.
Ambassador Richard. I join you in saying this is a huge
problem, and I have a little bit of experience from Lebanon
where we had Palestinian refugee camps that had been there for
30 years. The longer it goes unresolved, the harder it is to
resolve.
And so I would really--I think one thing I might bring, if
I were to be confirmed, is maybe a little fresh energy to the
problem because the counterterrorism bureau at State, as other
offices, has been without a permanent leadership for a while
now, and that might be the first thing I would be able to bring
to the party.
Senator Van Hollen. I think, and I am hoping--and I
understand there is some consideration of providing some
additional U.S. resources within our umbrella of Syrian
assistance, assistance to the Syrian people in the northeastern
part of Syria. I hope that is the case and look forward to
working with you on that.
Turning to Afghanistan, as you indicated, you also have an
ISIS presence. We now have the situation where the Taliban has
control--in control--but they are fighting ISIS. What is your
assessment of where ISIS stands and its strength in Afghanistan
today?
Ambassador Richard. Again, I do not have visibility on much
of the hard intelligence and information, but it is very
distressing to see them--this Khorasan group having been able
to establish a presence and then execute attacks recently both
in Afghanistan and in Pakistan.
Clearly, the Taliban assurances that they were going to
take care of this problem of safe havens in Afghanistan have
not been met.
That is one part of it, and I know our special
representative is working on that issue. But, clearly, I think
we have an opportunity to pay a little more attention to that
now before it metastasizes any further and gets out of hand.
Senator Van Hollen. And what is your assessment--just to
pick up a little on Senator Coons' questions in the Sahel, what
is your assessment right now of ISIS' growth in Africa?
Ambassador Richard. I think and I--again, I defer to my
Africa colleagues and I am looking forward to learning a little
more about that region--what I see is ISIS affiliates, people
inspired by ISIS, associating themselves with ISIS rather than
a hard command and control--you go here and you go there--and
that is a lot harder to fight and it is a lot harder to see
sometimes, and poor governance and economic despair in the
region is a big cause of this.
I would look forward, if I am confirmed, to working with
Africa Bureau to understand the underlying dynamics so, again,
we might get ahead of this.
Senator Van Hollen. I appreciate it. As you well know, the
conversation in the foreign policy community has swung from
counterterrorism to so-called great power competition, and I
understand that, appreciate it, and agree that we did not focus
enough on that.
But I do not want to swing back entirely in the other
direction and see ISIS and other terrorist organizations use
this opportunity while everybody is focused on other parts of
the world to regain their strength.
I look forward to working with you and all of you when
confirmed.
Ambassador Richard. Thank you.
Senator Van Hollen. I guess I am--oh, Senator Murphy?
Senator Murphy [presiding]. I am going to fill the gap
before Senator Menendez gets back and maybe ask one additional
question awaiting Senator Menendez's return from the floor and
that is to you, Ambassador Richard, again, drawing back on your
experience in Lebanon.
No two terrorist organizations are the same, right. Al-
Qaeda is a very different animal than Hezbollah. Al-Qaeda,
generally, operates in the shadows whereas in Lebanon Hezbollah
operates out in the open. They are a political force.
They run human services operations and it means that,
whether we like it or not, when it comes to a more socially
embedded group like Hezbollah, you have to meet them where they
are, right. You have to have an answer for the services that
they are providing.
I think since you have left there has been a debate about
energy security in Lebanon. Hezbollah is showing up with
shipments of oil from Iran and we are busy at work trying to
find an alternative.
But this is sort of the corollary to the question about the
drone strikes, right. There is an element of combating
terrorist organizations that involves killing terrorists.
There is also an element of fighting terrorist
organizations that acknowledges that they often provide human
services that you have to create, that you have to be able to
supply as a government--as an ally of a government--in order to
make people less reliant on those terrorist organizations.
Just asking you to draw upon your experience dealing with
Hezbollah in Lebanon.
Ambassador Richard. Thank you for the question. Thank you
for your interest, by the way, in Lebanon and all your support
for the time I was there until now.
I think the hardest--what you just put your finger on is
the hardest thing, and what happens with terrorist groups, in
my experience, is they fill vacuums, and if--the quickest and
easiest vacuum to fill is security. People turn up and they
have weapons and they calm the people down and say, do not
worry--we will take care of security.
When these groups move into that next level of services and
jobs and benefits, it is much, much harder to combat them and
what needs to happen in Lebanon is a functioning government
that can execute those same services in a noncorrupt and fair
way is the solution to Hezbollah having filled that gap
already.
Senator Murphy. I was just--I was asking an extra question
just to fill the gap before you got back. But I think Senator
Hagerty is next.
The Chairman [presiding]. Okay. Very good. Well, I did not
know where the flow was going at this point. But I am glad that
you did that.
Senator Hagerty?
Senator Hagerty. All right. Thank you, Mr. Chairman.
I would like to turn my remarks to Ambassador Brink.
Ambassador, I am pleased to see you before the committee
today. I am looking forward to meeting with you tomorrow and I
am pleased that you have finally been nominated.
You are going into a very critical zone. You are going into
a position I wish you had been nominated for some time ago,
well before Russia's unprovoked invasion of Ukraine.
I want to let you know that I am very supportive of seeing
our diplomatic presence back in Ukraine. My colleague, Senator
Cardin, and I both signed a letter to Secretary Blinken
underscoring our support for that just in the past several days
and I am pleased to see things moving as they are at this
point.
But I would just like to take this opportunity to say the
following. Having a Senate-confirmed chief of mission in place
is absolutely critical to our ability to execute our foreign
policy.
This is a matter of priorities. I, myself, have gone
through the same process that you are going through. I was
actually put through 30 hours of cloture to get through this
process. Yet, I was able to get confirmed and into my position
within a couple of months of getting through the OGE process. I
was at my post the summer of 2017.
It is taking far too long to get our diplomats at post, and
I just want to underscore the priority that I see here and
underscore for the department and for this administration that
I hope that they will begin to accelerate the process very soon
of getting our nominees in front of us.
Thank you very much again. I look forward to seeing you
tomorrow.
Thank you, Mr. Chairman.
The Chairman. I understand that Senator Booker is with us
virtually. Senator Booker?
Senator Booker. Senator Menendez, thank you very much. I
just want to ask two quick questions, if I may. The first is to
Ms. Brink.
I am really grateful that you are before us, and I know
that the port of Odessa was already brought up and some of the
issues going on there. I am very, very concerned about global
food insecurity and the crisis that we see globally with one of
the points in the U.S., excuse me, world history where we have
the most food insecure people, and this has been aggravated by
COVID-19 and been aggravated by other global shocks to our
supply chain, and I know that from Yemen to Afghanistan to the
Horn of Africa we have a lot of challenges.
I am hopeful, with the current negotiations, it looks like
we might be able to get about $5 billion from the United States
into the World Food Programme or other efforts to meet some of
this crisis.
But I just want to ask you, from your own opinion, given
what is going on in Ukraine and the shocks to their ability to
provide food as they do for many places around the world,
especially those that are facing food insecurity, I just think
that it is really important more than ever for the United
States to be stepping up to this crisis.
And I am wondering if you are concerned that this global
food crisis, similar to food crises in the past, could--if we
do not address it could lead to social unrest, lots of
conflict, potentially stressing governments, creating more mass
migration, only to make the overall security crisis in Europe
even greater.
Ambassador Brink. Senator, first of all, thank you so much
for your question. It is an excellent question.
I have to say I am married to a Foreign Service officer
with USAID so I am by interest but by marriage and long
discussion very interested in all of the humanitarian aspects
of this particular conflict.
I think what you say is exactly right. I think it shows why
this is a global conflict, why this is one that is in the
interests of the United States to do everything we can to help
Ukraine defend itself and then to rebuild, and I can tell you
with regard to the food insecurity issue it is one of the big
issues that I will be looking at and doing everything I can to
assist with.
I know we have a new envoy in the State Department who is
also seized with this and we will be working and are working
together with the U.N., with USAID, with other organizations to
do everything we can to alleviate some of the second order
consequences of Russia's war of choice.
Senator Booker. Thank you very much. And then my last
question to Laskaris, going back to Africa and some of the
challenges there, one of which has just been the remarkable
level of coups that we are seeing in Africa.
Since 2020 in Mali, there have been six attempted military
coups, as I am sure you are aware of, five of which have been
successful with the latest in--we have seen a coup in Burkina
Faso this past January, and it is frustrating.
I was in Burkina Faso myself with--a few years back. But
seeing these military coups spreading around the region is
really challenging, and so the--we know that the folks are
calling this an epidemic of coups. But on top of this, we have
a lot of military--excuse me, democratic backsliding in general
in Africa beyond the even coups itself. We have seen this
backsliding in Uganda and in Ethiopia.
And so I appreciate the important security role that Chad
plays in the region and the moves by the TMC to open the
political space. But at the same time, it is important to
ensure the full transition to a civilian-led democratic system.
This is not just essential in terms of sending a message to
any other regimes about our continued support for democracy and
our concerns about democratic backsliding but it is also
critical, I think, for sustainable long-term stability in that
region.
What is the State Department doing and could be doing more
so to encourage and assist Chad with such a transition?
Ambassador Laskaris. Thank you, Senator. I agree with you
wholeheartedly. I would also point out that military rule has,
generally, been catastrophic for Africa.
When people support coups, the body of evidence suggest
that these are governance catastrophes that impoverish
countries further and also bring human rights and humanitarian
catastrophes on them. For that reason alone, we should be
pushing back as hard as possible.
In the case of Chad, there is a democratic backsliding
because, frankly, there really has not been any democratic
front sliding since Chad's independence. Chad has been ruled by
the gun since independence. It has been ruled by people who
took power generally by force so I think it is time to break
that paradigm.
I think it is time to put seats around the table for the
unarmed political actors and to prioritize them. I do not think
we can do this from the outside. I do not think we can impose
this on Chad but we can listen to the overwhelming majority of
Chadians of goodwill, particularly, the young people who do not
have the memories of the older generations, who are calling for
it.
I think we need to empower to the best extent possible the
unarmed political class including civil society in modern Chad,
which I think is a bright spot in the political prospects of
this country.
The Chairman. Thank you.
Senator Booker. Thank you. Thank you, Mr. Chairman.
The Chairman. Thank you.
Senator Markey?
Senator Markey. Thank you. Thank you, Mr. Chairman, very
much. Thank you, Ms. Brink, for your long career, and I think
you are much needed and are going to do a great job in Ukraine.
Could I just talk a little bit, if I could, about the ban
on oil imports for the EU from Russia and the role that Hungary
is playing? You are an expert on Slovakia, other countries.
Could you talk a little bit in general about the consensus
that exists right now except for Hungary and what, from your
perspective, the incentives could be to have Hungary join into
this?
They have already been offered a two-year extension in
terms of their ability to comply with the oil ban. Do you have
any insights in terms of what could be done in order to ensure
that Hungary join so that this new regime goes into place as
quickly as possible?
Ambassador Brink. Thank you very much, Senator, and thank
you for our conversation earlier.
As I am not the accredited diplomat to Hungary, I do not
have direct knowledge. What I understand with regard to the EU
and all of the EU member states is that there is a strong
willingness or an interest to move this issue very quickly, and
what I have seen from my position in Slovakia and, I believe,
probably also applies to Hungary is that if there are ways to
provide substitution with regard to any of the energy sources
for European countries, ways where the U.S. can be helpful,
that is extremely--an extremely helpful situation for them to
be in.
Obviously, they have a challenge of their publics and
rising prices on the energy side, and so any ways where we can
help such as we have been--we are doing, which is increasing
our LNG, and with regard to oil I would assume it is a similar
situation, and we are also helping on nuclear fuel as well in
Ukraine and also in other places.
Senator Markey. Yeah, and I appreciate that. But just, in
general, I appreciate your expertise in this region, in
general.
Prior to Russia's assault on Ukraine, at the top of the
list of things that were holding Ukraine back was its endemic
corruption from top to bottom. Ukraine was 122nd out of 180
countries on Transparency International's rankings in 2021.
Russia was 136th.
And so what do you think the United States can do in this
situation where we are going to be the principal assistance
that is provided to Ukraine for the duration of this conflict
in terms of encouraging transparency, encouraging a change in
the culture in their country?
Ambassador Brink. Yeah. Thank you, Senator, for this
question. It is crucial.
For Ukraine to actually prevail in this situation, it is
not only necessary for Ukraine to prevail in defending itself
against the Russian attack but also to prevail in creating the
kind of Ukraine that Ukrainians have been fighting for for
years after the Orange Revolution, after the Revolution of
Dignity, and that is for Ukraine that is free of corruption,
that follows the rule of law, that allows for democratic
rights.
That is one that is a--something that will be the biggest
challenge, I think, next-step challenge for the Ukrainian
Government, and I think what I really am grateful for--the
congressional support and the appropriations to help us support
Ukraine--I think we must be mindful of that being such a
challenge and we must offer assistance in ways that is going to
help the Ukrainians meet that challenge.
Senator Markey. Yeah. My fear is that Ukraine is going to
win the war and lose the peace.
Ambassador Brink. Exactly.
Senator Markey. Their principal obstacle to accession to
the EU has been their corruption top to bottom in their
government, in their society. We want them to be admitted to
the EU. We want them to be able to meet the transparency
standards which the rest of the EU, in fact, does comply with.
I just think it is imperative for us to figure out how to
square that circle, that there is two discussions going on at
the same time, because as soon as this war is concluded we want
them to be able to join the EU.
But we will not if they then revert to the very same
pattern of behavior which they have had throughout modern times
including, by the way, their total addiction to natural gas
from Russia, which had them be one of the bottom five in terms
of energy efficiency. They just got addicted to this old way,
this--I will ultimately say, this corrupt way of operating.
Again, we are glad to have you there and I think that
message--that is, we are going to assist them during the war,
but they have to be prepared for the peace as well and their
culture, their political system, has to change. And so we are
just so glad to have you there. Thank you.
Ambassador Brink. Thank you.
The Chairman. Thank you.
Senator Kaine?
Senator Kaine. Thank you, Mr. Chairman, and thank you to
our witnesses. Congratulation for your nominations. Good to be
with you today.
Ambassador Brink, I know you have been asked a number of
questions about, should you be confirmed, assuming the role--a
very important role--in a nation at war. I want to ask you--
kind of drill down into that and ask you about a pretty
specific one and that is morale issues.
You have been an ambassador. You know how important morale
of both our own FSOs but also local staff is to the strong
functioning of an embassy.
Should you be confirmed, how will you address sort of
morale and stress issues for the U.S. and local staff in Lviv
and Kyiv?
Ambassador Brink. Thank you, Senator.
I think it is very important that we reestablish our
embassy mission and that will be a very important first step,
not only because it sends the right signal to Ukrainians and to
our own staff, because it is necessary for us to be there on
the ground, and I think that will help.
I can tell you that paying attention and understanding that
our mission is made up of Americans and local staff and local
staff being the backbone of every single embassy around the
world--we cannot function without them--is really important for
any chief of mission.
And I think also rallying people around our goal and our
goal is going to be to--and is to help Ukraine defend itself
and to use every bit of experience and effort and support we
can garner to do that on the ground in Ukraine.
And then, of course, we need to take care of our staff and
do everything we can to do so. I think it is an unprecedented
situation that our embassy found itself. I have been a part of
an embassy that had to close very early in my career and it is
heartbreaking, and also to be a part of a wartime situation
where people are--stay behind or are unable to accompany is
also an unimaginably hard thing for those of us who do this
work to go through.
I do not underestimate the challenge that our mission has
faced. I salute our leadership there, Kristina Kvien, and also
all of the embassy staff, and I can just say I will look
forward very much to joining this team and helping every way I
can in leading our effort there in the best way possible so
that we can affirm and use all of the great resource we have to
achieve our goals.
Senator Kaine. Thank you.
Ambassador Richard, the Department of State's Office of the
Inspector General documented several key findings in its 2020
inspection of the CT Bureau, including nearly 20 of its 92
authorized civil service positions. About 22 percent were
vacant at the time of the inspection.
The report also indicated the CT Bureau allowed nearly $52
million dollars in appropriated funds to expire and then cancel
from fiscal year 2016 to 2019 an average of about $13 million a
year, meaning that these funds went unused and they were
returned to the Treasury Department due to bureau, quote,
``weakness in funds control.''
OIG also found that the CT Bureau regularly submitted
congressionally mandated country reports on terrorism well
beyond the required deadline of April 30 for the previous eight
years. The most recent report, 2020, was submitted on December
2021.
What would you do, should you be confirmed, to fill
positions, control use of funds and invest them wisely, and get
the bureau in a place where they are submitting the required
terrorism reports on a timely basis?
Ambassador Richard. Thank you for that question because it
is oftentimes we do not pay enough attention to those very
issues, which, as my colleague just said, sometimes are the
backbone of your operation.
If I were to be confirmed--look, I spent three years in the
Middle East Bureau creating and then directing the Office of
Assistance to the Middle East and I really learned some
valuable skills there in program management, in money
management, in personnel management, especially in a bureau
with a large civil service population.
And so I think I can bring some lessons learned from that
experience to the CT Bureau and, hopefully, get them
functioning at the high rate that I know that they can do.
I keep in mind that they have been without leadership for
quite some time now and so many people are acting and filling
two and three jobs at the same time, and I really hope to have
the opportunity to get after that problem, too, because it is a
great staff.
Senator Kaine. Thank you, Ambassador Richards. You are
right to draw a line between vacancies and actings and then
internal disorganization.
I mean, you just cannot operate at the efficiency and the--
not just efficiency but the quality that you need to if there
is too many vacancies or people are in positions and they are
not sure that they are going to be able to continue in those
positions.
Thank you for making the connection between some of the
IG's assessments and the importance of getting people confirmed
and in the positions.
Mr. Chair, I yield back.
The Chairman. Thank you.
Senator Shaheen?
Senator Shaheen. Thank you, Mr. Chairman, and thank you and
congratulations to each of our nominees this afternoon.
I want to begin with you, Ambassador Brink, because as
everyone has said, Ukraine is, of course, uppermost in our
minds, and very much appreciate your willingness to be
considered for this critical post at this time.
I also want to echo your opening thanks to Charge
d'Affaires Kristina Kvien for her continued service there. I
know it has been a difficult time for everyone who has been
part of our embassy.
As we look at the hundreds of thousands of refugees from
Ukraine, obviously, the majority of them have been women and
children, and I am particularly concerned about how we support
the women and address potential trafficking issues.
And can you speak to that and to how we can ensure that the
women and girls and the children who have fled the war in
Ukraine do not become victims again because of sex trafficking?
Ambassador Brink. Thanks a lot, Senator Shaheen.
At the beginning of the war I had the chance to go to the
border between Ukraine and Slovakia and it struck me--the thing
that struck me the very most was that everyone coming across
the border was a woman or a child or even children on their
own.
I can say that throughout my career the issue of
trafficking in persons has been one of my personal priorities
and I am very happy it is your priority and also one of the
Congress', and every time I have served in a country I have
focused in on helping to--helping each country become better
able to stop trafficking and recognize trafficking.
And so I have worked very closely with our office of anti-
trafficking coordinator--we call them J/TIP--and I will look
forward to working with them in particular because Ukraine has
long been a source country.
I know that the problem there--it is a big country and I
know the problem there is also, potentially, quite large. It
would be an area that I have a personal interest in and would
want to work very closely with our authorities but then, of
course, with the Ukrainians because the challenge with
trafficking it is a whole-of-government effort. No one agency
is able to do it on its own, and I completely agree it is an
incredibly important issue and especially right now for people
who are refugees already and other compounded things that they
have to face.
Senator Shaheen. Thank you for that.
I had the opportunity to meet with some of the women
parliamentarians from Ukraine who were here a month or so ago,
and one of the things we talked about was women, peace, and
security legislation that we have passed here in the United
States, and they were very interested in that from Ukraine's
perspective and then possibly doing something to partner around
that legislation.
I would just ask you to put that on your list as we are
thinking about what we might do together to address what is
happening in the country.
Ambassador Richard, it is nice to see you again in a
different capacity and I should thank you publicly for your
help with us when we had a New Hampshire resident who was
detained illegally in Lebanon, and very much appreciated your
efforts.
And while, sadly, he is no longer with us, it was very
important to get him out of the country and get him home. Thank
you for that.
I wanted to ask you about the ISIS detainee coordinator
because that is a role that was signed into law as part of the
Robert Levinson Hostage Recovery and Hostage Taking
Accountability Act.
The creation of this role was originally recommended by the
Syria Study Group in response to what is happening in Syria,
and I am sad to say that the situation in Syria has not gotten
better with respect to ISIS detainees. It has gotten worse, and
as I understand in your new role you would have that
coordinator as part of your responsibility.
Can you talk a little bit about what you think the priority
is there and what we can do to address what is becoming--has
the potential to be a huge nightmare in the region as we look
at what is happening in the detainee camps?
Ambassador Richard. Thank you very much for the kind words
about Lebanon and it is a pleasure to see you, too, and may I
also say here on the record that I have so valued the
collaboration between yourself and us and the country team for
many, many months and I have used that so many times with
younger officers to say this is how it can work and how
beautiful it is when we work together. Thank you for that.
On the foreign fighters issue, the foreign terrorist
fighters issue is in my office and I have mentioned earlier in
this hearing that it is really one of the top one or two issues
on the plate because it is an inherently unstable situation
that does get worse by the day, and it is a problem with
fighters and it is also problem with the families who are--tens
of thousands of them, many, many children as well, who are
detained in situations that just cries out for recruitment by
radicals. It is very unsustainable.
I think we have to bring new energy to that problem. If I
understood you correctly, you are also talking about Syria and
the issue of hostages. Am I right? Or you were talking about
the foreign fighters?
Senator Shaheen. No, I was really talking about foreign
fighters, the----
Ambassador Richard. Yeah. This is a key issue and I think
we--all of us, including our partners in the international
community, have gotten a little bit complacent because if it is
not on fire we are not paying attention to it. But we cannot be
complacent anymore.
And so if I am confirmed this definitely will be one of my
top agenda items.
Senator Shaheen. Thank you. I look forward to working with
you. Thank you, Mr. Chairman.
The Chairman. Senator Cardin is with us virtually.
Senator Cardin. And let me thank all three of our nominees
for their continued service to our country. I appreciate it
very much.
Ambassador Brink, we had a chance to talk and I just really
want to underscore a couple points. First, thank you for taking
on this assignment. Obviously, it is so critically important at
this moment for our presence in Ukraine, and has been
mentioned, we look forward to you personally being in Kyiv and
the reestablishment of our mission in embassy in Kyiv.
I want to go over two things that we talked about sort of
to underscore the point. First, we need to have the capacity in
country to help in regards to the information necessary to
pursue war crimes or crimes against humanity or genocide
against those responsible, and Mr. Putin and Russia, for what
has happened in Ukraine.
Your work in the Balkans gives me great confidence that you
understand the magnitude of the task in order to get evidence
that can be used for accountability and you recognize also that
the world is looking at what happens in regards to
accountability for the atrocities in Ukraine.
Can you just talk a moment about how you see the U.S. role
in assisting those that will be responsible for preserving the
evidence and moving forward with accountability?
Ambassador Brink. Thank you, Senator.
Justice and accountability for war crimes and atrocities is
incredibly important to Ukraine and to us and to me personally,
and as you mentioned, I had the chance when I served very early
on in the Balkans to witness atrocities first hand and also was
able to contribute to, ultimately, the justice to Radovan
Karadzic and Ratko Mladic. It took 17 years and 26 years, but
they are facing justice and I think that is really important.
The world has to know and those who commit these atrocities
has to know that we will not stop. We will be relentless in our
pursuit. We are using every tool at our disposal to support the
documentation of atrocities and to enable their use in
prosecutions.
So we are doing this in many different ways but including
through support of the Prosecutor General's office, through
support of the U.N. Council for Human Rights, and also through
the OSCE Moscow mechanism.
We are also supporting the ICC in its efforts. We are going
to use every tool at our disposal. I can tell you it will be a
personal priority of mine as well.
Senator Cardin. And I will be underscoring that tomorrow.
There is a meeting of the OSCE Parliamentary Assembly dealing
with----
[Technical issue.]
The Chairman. Senator Cardin, I do not know if you are
still with us. We had a freeze for a moment. Modern marvels of
technology have their limitations.
All right. We will try to contact his office and see if he
still had some time and he may have one or two final questions.
In the interim, let me just go over a couple of final
things.
Ambassador Richard----
Senator Cardin [continuing]. The role of the country.
The Chairman. Are you back with us, Ben?
Senator Cardin. I am sorry.
The Chairman. Okay.
Senator Cardin. I was just urging the Ambassador to have
capacity to deal with the democratic institutions within
Ukraine as they rebuild, particularly in fighting the
corruption that has been so prevalent in their country over
such a period of time, just so we have the capacity to deal
with that as we move forward.
Ambassador Brink. Yes, Senator. I completely agree.
Ensuring that Ukraine is able to seize this opportunity to
rebuild and reform and take an opportunity that has been passed
by previously is incredibly important if we are going to devote
these resources and energy and U.S. taxpayer money, and thank
you to the Congress for providing it.
We need to make sure that it is done in a way that helps to
realize the aspirations of the Ukrainian people and also the
values we share of an independent, democratic, prosperous,
sovereign Ukraine.
Senator Cardin. And let me just point out to Mr. Laskaris,
we know that Chad has significant challenges in regards to
institutions that protect the rights of its citizens. Yet, it
has mineral wealth.
I will be asking you for the record your commitment as to
how you are going to deal with those types of challenges in
Chad.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Cardin. Let me close up
here.
Ambassador Richard, at the end of the last year we passed
legislation that I and Senator Risch sponsored, the Trans-
Sahara Counterterrorism Partnership Program Act, which calls
for the Administration to develop a counterterrorism strategy
for the region.
Can we get your commitment to submit this strategy in a
timely fashion if you are confirmed--upon your confirmation?
Ambassador Richard. Yes, absolutely.
The Chairman. Thank you. I have a series of letters in
support of Ambassador Richard from colleagues and I ask
unanimous consent to include them in the record. Without
objection, so ordered.
[The information referred to above is located at the end of
this transcript.]]
The Chairman. And then, finally, Ambassador Laskaris, over
the last 10 years U.S. security assistance to Chad
significantly outpaced U.S. support for democracy and good
governance and contributed, in my view, to the militarization
of the former Deby regime.
Even after the 2021 coup the Administration continued to
pursue a security assistance relationship with Chad. As I noted
in a March 18th letter to Assistant Secretary of State for
Africa, Molly Phee, I have serious concerns about this
approach.
I believe there needs to be a comprehensive plan that
includes robust support for good governance and strengthening
institutions. Military juntas responsible for seizing power
through unconstitutional means should not, in my view, benefit
from U.S. security assistance.
This committee has jurisdiction over security assistance. I
want to ask you do you believe that we should be advocating for
a pause on security assistance until a new civilian-led elected
government is in place?
Ambassador Laskaris. Senator, I think that when it comes to
the deployments of Chadian troops into Mali and to the
peacekeeping operation there, which we fund through our
peacekeeping support activities, I think that is a high enough
priority that we should continue that, obviously, with great
oversight to their conduct in the field.
I do think, however, that the security assistance that
could be used to repress internal political dissent, I think,
it is prudent to pause that pending the outcome of the dialogue
and, hopefully, the transition to a democratically-elected
government.
The Chairman. Let me ask you, do not we need to, going
forward, ensure that our relationship with Chad better balances
defense, diplomacy, and development? I think it is heavy on the
security side and incredibly light on the other.
Are we willing to look away from the core? I mean, these
are about continental messages and global messages as well,
right? At what point are we willing to pursue such a road
without thinking about the consequences of a government that is
there by force and by coup, not by the electorate of--the will
of the electorate?
Ambassador Laskaris. Senator, thank you for the question.
By far, our largest line item assistance to Chad is
humanitarian assistance, mainly, food assistance. That is
running about $90 million a year. Our second largest form of
assistance in the last year has been COVID, about $17 million
dollars a year including half a million vaccine doses.
Our military assistance is actually a distant third in
terms of the dollar value. But I agree with you that the
narrative is out there that we have securitized the
relationship and, if confirmed, one of things I have to do is
make sure that the actual data of our assistance is out there.
At the same time, I do--with all respect, do think that our
democracy and governance activities have been underfunded in
Chad, particularly as this committee has made it clear that it
values very much the movement towards democratic elections and
the building of an unarmed political system.
If I think there is progress in the national dialogue, I
expect my colleagues and I will come back and ask for an
increase in our democracy and governance assistance programs in
Chad.
The Chairman. Yeah. Security assistance may be third in
those categories but one of the reasons we have as much
humanitarian assistance is because of the instability that
exists in the country and its governance in the country.
If the junta led by Deby fails to adhere to core
transitional benchmarks articulated last year by the African
Union, it will be my hope that you, as a sitting ambassador
speaking to the department, will be looking at visa bans and
Global Magnitsky sanctions where applicable because, at some
point, we just cannot live on the aspiration that this is going
to get better and we are going to continue to fuel these
entities.
Ambassador Laskaris. Yes, sir. I agree with you.
The Chairman. All right. This record will remain open to
the close of business tomorrow for members' questions. I would
urge the nominees to answer the questions as expeditiously as
possible so we can consider your nomination at the next
business meeting.
With the thanks of the committee for your willingness to
serve, this hearing is adjourned.
[Whereupon, at 4:20 p.m., the hearing was adjourned.]
----------
Additional Material Submitted for the Record
Responses to Additional Questions for the Record Submitted
to Hon. Bridget A. Brink by Senator Robert Menendez
Question. I am very concerned about directed energy attacks on U.S.
Government personnel (so-called Anomalous Health Incidents). Ensuring
the safety and security of our personnel abroad falls largely on
individual Chiefs of Mission and the response of officers at post. It
is imperative that any individual who reports a suspected incident be
responded to promptly, equitably, and compassionately.
Do you agree these incidents must be taken seriously, and pose a
threat to the health of U.S. personnel?
Answer. Yes. If confirmed, I will ensure that any individual who
reports a suspected Anomalous Health Incident will be responded to
promptly, equitably, and compassionately.
Question. I am very concerned about directed energy attacks on U.S.
Government personnel (so-called Anomalous Health Incidents). Ensuring
the safety and security of our personnel abroad falls largely on
individual Chiefs of Mission and the response of officers at post. It
is imperative that any individual who reports a suspected incident be
responded to promptly, equitably, and compassionately.
If confirmed, do you commit to ensuring that any reported incident
is treated seriously and reported quickly through the
appropriate channels, and that any affected individuals receive
prompt access to medical care?
Answer. Yes. If confirmed, I commit to ensuring that any reported
incident is treated seriously and reported quickly through the
appropriate channels, and that any affected individuals will receive
prompt access to medical care.
Question. I am very concerned about directed energy attacks on U.S.
Government personnel (so-called Anomalous Health Incidents). Ensuring
the safety and security of our personnel abroad falls largely on
individual Chiefs of Mission and the response of officers at post. It
is imperative that any individual who reports a suspected incident be
responded to promptly, equitably, and compassionately.
Do you commit to meeting with medical staff and the Regional
Security Officer (RSO) at post to discuss any past reported
incidents and ensure that all protocols are being followed?
Answer. Yes, I commit to meeting with medical staff and the RSO at
post to discuss any past reported incidents and ensure that all
protocols are being followed.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Bridget A. Brink by Senator James E. Risch
Question. What are U.S. policy goals in Ukraine right now?
Answer. The United States aims to help Ukraine defend itself and
then help Ukraine rebuild. If confirmed, I would uphold our commitment
to a sovereign, independent, democratic, and prosperous Ukraine. I
would continue the United States' goal of rallying the world to stand
with Ukraine and ensuring that our NATO Alliance and global partners
emerge stronger and more unified than before. The United States aims to
end this war as swiftly as possible by imposing severe costs on Russia,
strengthening Eastern Flank Allies, and providing security and other
assistance to Ukraine.
Question. The majority of internally displaced people (IDPs) within
Ukraine and refugees fleeing Ukraine are women and children. What steps
will the U.S. Government take to ensure the protection of these
vulnerable populations?
Answer. If confirmed, I will aim to accelerate the already strong
support the United States is providing for internally displaced people
and vulnerable groups. This includes over $1 billion in humanitarian
assistance to refugees, the displaced, vulnerable populations, and
communities in the region since Russia first invaded Ukraine eight
years ago, including more than $688 million this year. Our assistance
covers critical needs, such as safe drinking water, shelter, emergency
health supplies, human trafficking prevention, support for victims of
gender-based violence, and protection services to meet the needs of
millions of people including vulnerable groups, as well as emergency
food assistance. The United States plans to welcome up to 100,000
Ukrainian citizens and others fleeing Russia's aggression as part of
these efforts, and if confirmed I pledge to support this program and
others like it.
Question. As almost 6 million Ukrainians have become refugees, the
U.N. and international community has had to set-up a response quickly
to address the growing needs. How will you work with the U.N. and other
donors on coordination for the humanitarian crisis?
Answer. If confirmed, I will continue work to coordinate our
humanitarian response to Ukraine's refugee crisis. This could include
but would not be limited to increasing our operational footprint in
neighboring countries to better coordinate aid delivery and
dissemination; working in partnership with host governments on cash
programs providing refugees with temporary assistance for food,
accommodations, and medical care, including support services for
victims for gender-based violence; and deploying refugee coordinators
to the region to work with governments, the U.N., and other
humanitarian organizations.
Question. How will you work to ensure that the U.N. and host
countries are properly counting and tracking refugees to ensure the
proper delivery of humanitarian assistance?
Answer. The State Department regularly meets with UNHCR to discuss
refugee operations, including data gathering. Given the ease of travel
for Ukrainians in Europe, some figures represent an estimate. If
confirmed, I will work with our Bureau of Population, Refugees, and
Migration (PRM) teams, who rigorously monitor and evaluate humanitarian
partners' delivery of assistance to refugees from Ukraine and engage
host government counterparts to track their delivery of assistance and
benefits. I understand host countries have a responsibility to
accurately register refugees who have fled from Ukraine to prepare for
their provision of services, as allowed under the European Union's
Temporary Protection Directive, and that UNHCR makes every effort to
ensure statistical information is verified and triangulated.
Question. What mechanisms have been established to limit fraud and
diversion of assistance?
Answer. I believe maintaining the uninterrupted flow of security,
economic, and humanitarian assistance to Ukraine is essential to make
this war a strategic failure for Moscow and reduce the suffering of
Ukrainian citizens. If confirmed, I look forward to ensuring this
assistance meets these goals by working with our trusted network of
partners and by utilizing existing procedures for both humanitarian and
security sector assistance, to include vetting mechanisms. For economic
support, I would continue working with partners and allies to ensure
that assistance is deployed in a rapid, targeted, and secure manner. I
would also support leveraging reputable international financial
institutions to ensure oversight through their established audit
procedures and mechanisms.
Question. Prior to the latest Russian invasion, in the State
Department's Trafficking in Persons Report, the Government of Ukraine
had been placed on Tier 2 for not fully meeting the minimum standards
for the elimination of trafficking, but was attempting to make
significant efforts to do so. How will you encourage the Government of
Ukraine to continue its efforts to promote awareness of the potential
for human trafficking?
Answer. Ukraine was ranked Tier 2 in the 2021 TIP Report. The
Government of Ukraine is aware of the necessity of progress on
trafficking, especially in a wartime context, and if confirmed I will
continue to work with them to raise awareness, vigorously prosecute and
sentence traffickers to significant prison terms, and increase
protection efforts for trafficking victims. I would also work to ensure
that anti-trafficking mechanisms are embedded in our humanitarian
assistance programs.
Question. How will you assist in increasing the identification of
trafficking victims?
Answer. I understand the refugees leaving Ukraine more recently
have been doing so in much more difficult circumstances with greater
needs. Human trafficking is an increasing threat and has been noted by
many international organizations. If confirmed, I will work to ensure
that the United States continues to urge host governments to integrate
anti-trafficking measures into their emergency and humanitarian
response mechanisms to prevent trafficking and protect any victims.
Over 90 percent of the refugees are women and children, and our U.N.
partners are pressing host governments to work together to address
their protection needs. The U.S. Government also is funding
international organizations and NGOs to identify trafficking victims.
Question. Anti-Trafficking work was integrated into the first batch
of Ukrainian humanitarian assistance. Will you continue this effort to
ensure that those fleeing to safety do not become victims of
trafficking?
Answer. If confirmed, I would continue to ensure that anti-
trafficking mechanisms are integrated into our humanitarian assistance.
I would also encourage the Government of Ukraine and other donor
countries and U.N. partners to implement similar safeguards to prevent
human trafficking.
Question. If confirmed, what will be your top foreign assistance
priorities over the next 6 months?
Answer. If confirmed, I will continue our robust support for
Ukraine's defense, economy, government, and people. Over the next six
months, I would continue prioritizing the continuity and functionality
of the Ukrainian Government; food security and health services;
essential needs of civilian security forces, including clearing
landmines and ordnance; and support for human rights, including holding
Russia accountable for its actions, including reports of conflict-
related sexual violence. We will work with international partners to
ensure Ukraine can meet essential budgetary expenses. Assistance
related to the European Democratic Resilience Initiative (EDRI) will
support pro-democracy activists, journalists, human rights defenders,
and anti-corruption crusaders.
Question. If confirmed, what will be your top foreign assistance
priorities over the next twelve months?
Answer. If confirmed, my priority will be helping Ukraine defend
itself and then helping Ukraine rebuild. Assistance to Ukraine must
continue to flow across all sectors--including security, economic,
governance, and humanitarian assistance--even as needs may shift once
Ukraine prevails. I would support independent media and counter-
disinformation efforts, civil society, accountability, and peace and
reconciliation efforts as well as continue help reestablish reliable
essential services, including in the field of healthcare, education,
and agricultural production. I would also help advance the initiatives
of the European Democratic Resilience Initiative. Together, with the
help of our Allies and partners, we will work with Ukraine to rebuild
in a way that supports its aspirations for greater Euro-Atlantic and
European integration.
Question. If confirmed, what will be your top foreign assistance
priorities over the next two years?
Answer. U.S. assistance for Ukraine will continue to develop its
economy, strengthen democratic governance and rule of law, counter
corruption, promote stability and transparency, and fortify resilience
to counter Russia's aggression. Funding will support energy and cyber
security investments and technical assistance; efforts to counter
disinformation; initiatives to hold perpetrators accountable for human
rights abuses and potential war crimes and build a basis for peace and
reconciliation efforts; and contributions to reconstruction. Assistance
will ensure the food security of Ukraine by rebuilding the agricultural
sector following the conflict. The administration will work to ensure
assistance is creating an inclusive economy built on a level playing
field.
Question. If confirmed, what will be your top foreign assistance
priorities over the next two years?
Where does combatting corruption fit into those priorities?
Answer. If confirmed, I will work to make sure combatting
corruption remains a critical component of our foreign assistance to
Ukraine, which is also in line with the Administration's prioritization
in countering corruption globally. Anti-democratic forces have
weaponized corruption, misinformation, and disinformation to exploit
perceived weaknesses and sow division within and among free nations,
erode existing international rules, and promote alternative models of
authoritarian governance. I believe we cannot afford to watch Ukraine
prevail in this war, only to see it fail in its fight against
corruption.
Question. If confirmed, will you commit to fostering an environment
conducive to expeditionary diplomacy and development, whereby members
of the U.S. country team are able to get out from behind Embassy walls
and engage directly with interlocutors in the government, private
sector, and civil society?
Answer. Yes. Getting beyond the Embassy walls and engaging directly
with the government, private sector, and civil society is one of the
principal reasons we need our country team diplomats in Kyiv.
Question. In the State Department's 2020 International Religious
Freedom report, Ukraine has strong support for religious freedom.
However, there are concerns about targeting of specific minority
religions including Jews and Jehovah's witnesses. What is your
assessment of religious freedom and societal/governmental respect for
religious freedom in Ukraine?
Answer. I believe Ukraine has made great progress on religious
freedom issues. A 2019 survey found Ukrainians had the lowest negative
attitudes toward Jews of all the Eastern European countries polled,
with 83 percent having favorable view toward Jews--an increase of 15
percentage points since 2009. Nevertheless, antisemitism exists in
Ukraine, as it does is many countries, and if confirmed I pledge to
continue Embassy engagement with Jewish leaders and other stakeholders
on ways we can combat this scourge. I would also continue U.S. efforts
to address ongoing abuses by Russia's proxies in the Donbas and by
occupation authorities in Crimea, including the persecution of Crimean
Tatars and Jehovah's Witnesses.
Question. In the State Department's 2020 International Religious
Freedom report, Ukraine has strong support for religious freedom.
However, there are concerns about targeting of specific minority
religions including Jews and Jehovah's witnesses.
If confirmed, how will you work with the Ukrainian Government on
these issues?
Answer. If confirmed, I would work to reinforce the Government's
work protecting religious freedom and religious minorities.
Question. If confirmed, do you commit to personally meeting with
members of civil society to discuss the importance of religious
freedom?
Answer. Yes. If confirmed, I would be pleased to meet regularly
with members of Ukraine's robust civil society to discuss the
importance of religious freedom.
Question. In the State Department's 2021 Human Rights Report, the
Ukrainian Government was identified as not taking adequate steps to
prosecute or punish most officials who committed abuses resulting in a
climate of impunity. As the war in Ukraine continues, how will you work
to ensure that those in the Ukrainian Government who commit human
rights abuses will be identified, punished, and prosecuted?
Answer. If confirmed, I will commit to promoting accountability for
those responsible for human rights abuses, through all mechanisms made
available and in partnership with Ukraine's criminal justice
institutions. The Government of Ukraine has focused closely on law
enforcement reform since the 2014 Revolution of Dignity, and despite
incidents of abuses, has made considerable progress, including holding
accountable those responsible for human rights violations and abuses.
Question. Since the Russian invasion of Ukraine, international
adoption from Ukraine has been paused. Numerous American families were
in process or beginning the process of adoption of Ukrainian orphans.
What steps will you take to work with the Ukrainian Government to re-
start international adoption processing in a safe manor?
Answer. If confirmed, I would work with the Ukrainian Government to
safely re-start the intercountry adoption process, in a manner
consistent with Ukrainian and U.S. law. The Ukrainian Government is
justifiably concerned about the trafficking of children, and concerned
that children who are not eligible for intercountry adoption could be
separated from their families. The Ukrainian Government recently
confirmed that courts in some parts of Ukraine have resumed judicial
adoption hearings. As adoption decrees are issued, I will ensure we
continue to complete visa processing as quickly as possible, so that
children can go home with their parents.
Question. How will you work with Ukrainian officials to address the
Ukrainian orphans who been have evacuated to Poland to continue their
delayed adoptions?
Answer. If confirmed, I would work with the Ukrainian and Polish
Governments to find solutions to any impediments for processing the
adoptions for these children. There are multiple steps in the
intercountry adoption process, and each provides critical safeguards
for the children and families involved. While these steps must be
completed in every case, I look forward to working with the Ukrainian
and Polish Governments to identify ways to complete these pending
adoption cases.
Question. Before the war, China was extremely interested in
cultivating Ukraine as a partner. It was looking to bring Ukraine into
the new Silk Road by investing in Ukraine's Black Sea ports, buying up
key pieces of Ukraine's military industry like MotorSich, and
installing Chinese-made technology and surveillance equipment in
Ukraine's cities. If confirmed, how do you propose to work to keep
China from making potentially harmful inroads into a country that will
be desperate for any and all investors to help it rebuild?
Answer. The courage of the people of Ukraine and the stalwart
support of the United States and our allies and partners has inspired
people around the world striving for peace, democracy, human rights,
and freedom. Meanwhile, the People's Republic of China has been absent
in time of Ukraine's greatest need, providing diplomatic cover for
Russia's brutal, unprovoked war and amplifying Russian disinformation
related to Ukraine, the United States, and NATO. We will work with
Ukraine to encourage a sustainable and transparent approach to
reconstruction, built upon mutually beneficial relationships, trusted
vendors, and national security.
Question. During the course of the Russia-Ukraine war, many
Ukrainian officials have taken on a heroic air. And indeed, they have
undertaken actions that are heroic. But before the war, many of these
same officials were engaged in activities that were sometimes corrupt,
sometimes unethical.
If confirmed, what steps do you believe should be taken to prevent
these officials from capitalizing on their newly-laundered
reputations and returning quietly to their old ways?
Answer. We cannot afford to watch Ukraine prevail in this war only
to see its democratic aspirations fall victim to corruption. If
confirmed, I would work to strengthen independent anti-corruption
authorities and institutions, and strongly push for needed judicial
reforms to ensure that Ukraine continues the democratic and European
trajectory its people are fighting to preserve.
Question. Much of the U.S. and allied assistance packages to
Ukraine include financial assistance to fund governments and
infrastructure operations. As Ambassador, how will you conduct
oversight to ensure that both U.S. and allied assistance is used
appropriately and not lost to corruption or misuse?
Answer. If confirmed, I will work to ensure that delivery of
assistance meets strict oversight and accountability and anti-
corruption measures by working with our trusted network of partners. In
providing financial support, we are leveraging reputable international
financial institutions to ensure oversight through established audit
procedures, due diligence, and other mechanisms. I would continue work
with our partners to ensure similar oversight mechanisms are in place
to implement transparent infrastructure projects.
Question. What anti-corruption mechanisms remain intact and could
be used to conduct oversight?
Answer. The anti-corruption mechanisms Ukraine formed with support
from the United States and other partners, such as the National Anti-
Corruption Bureau of Ukraine, the National Agency for the Prevention of
Corruption, and the High Anti-Corruption Court, continue to function,
as does Ukraine's vibrant civil society, which has played an
instrumental role in publicizing corrupt acts. If confirmed, I will
work with Ukrainian institutions and civil society, and international
partners (e.g., IMF, EU), to support the continuation and strengthening
of anti-corruption reforms. As it has in the past, the United States
can continue to use tools like Global Magnitsky sanctions and 7031(c)
visa restrictions to help Ukraine hold corruption actors accountable.
Question. How can the U.S. help create new anti-corruption
mechanisms to handle this challenge if needed?
Answer. Since Ukraine's 2014 Revolution of Dignity, the United
States has worked closely with the Ukrainian Government and
international partners to develop and strengthen anti-corruption laws
and institutions, such as the National Anti-Corruption Bureau (NABU).
If confirmed, I pledge to continue this work and identify new
opportunities for reform, as needed, as part of our overall commitment
to combatting corruption, preventing fragility, and promoting democracy
and the rule of law in Ukraine.
Question. Many of the anti-corruption tools that the U.S. has
worked with Ukraine to build have been taken offline because of the
war. For example, the system through which Ukrainian public servants
are required to annually report their holdings has been taken offline
so Russia cannot use it to target certain people in occupied areas. How
will you work with Ukraine to ensure that these tools are returned to
service, while also safeguarding the personal information of Ukraine's
Government employees from potential Russian actions?
Answer. If confirmed, I pledge to work with Ukraine to continue
progress on anti-corruption reforms, including corporate governance and
supervisory board autonomy, which have been critical goals of U.S.
policy and assistance since 2014. These reforms are key to helping
Ukraine achieve the Euro-Atlantic aspirations expressed during the
Revolution of Dignity with regard to asset disclosure by public
servants. I will endeavor to support anti-corruption actions which also
safeguard personal information from misuse by Russia.
Question. Since Russia's invasion of Ukraine, political parties and
media outlets supporting Russia and pro-Russian narratives have been
banned in Ukraine. The transatlantic communities' tolerance of these
actions contrasts the international disapproval of Ukraine's ban on
ZIK, NewsOne, and 112 Ukraine in February 2021. Once Russia's war on
Ukraine comes to an end, how should the U.S. approach these matters of
free speech and expression as Ukraine transitions back into peacetime?
Answer. The United States remains a steadfast champion of media
freedom. Ensuring freedom of expression will be critical for Ukraine as
it pursues its democratic and Euro-Atlantic trajectory. It is important
for the people of Ukraine to continue to have access to reliable
information from multiple independent sources. As Ukraine continues to
combat Russia's aggression, if confirmed I also pledge to continue our
work in differentiating between defending media freedom and allowing
revenues to flow to Russia-controlled disinformation outlets.
Question. Do you believe that the United States should resume
training Ukrainian servicemen on equipment, tactics, and techniques
inside of the borders of Ukraine? Why or why not?
Answer. The United States currently provides training outside
Ukraine, as needed, depending on security conditions on the ground.
Provided we can adequately train Ukrainians outside of Ukraine, I think
it is preferable to inside, as the security situation in the country
makes such training difficult.
Question. As Ambassador, what role would you play in in the
transferal of military assistance to Ukraine?
Answer. If confirmed, I would ensure U.S. security assistance to
Ukraine continues to support the President's policy of assisting
Ukraine in its defense of its sovereignty, territorial integrity, and
independence against Russia's ongoing aggression. I would ensure my
team works expeditiously to help fulfill Ukraine's priority security
assistance requests and continues to assist in the coordination of
military aid deliveries, which are continuing daily and at an
unprecedented speed. I would also ensure my team continues to mitigate
the risk of misuse of U.S. security assistance, for example, through
the adherence to laws governing vetting security forces receiving U.S.
assistance and end-use monitoring.
Question. Due to logistical issues, much of the humanitarian
assistance being sent to Ukraine has not reached the eastern and
southern parts of the country where it is most needed. As Ambassador,
what role would you play to improve the delivery of humanitarian
assistance to Ukraine?
Answer. If confirmed, I would continue our calls to allow
immediate, safe, and unhindered humanitarian access for humanitarian
agencies and actors to continue their vital work across Ukraine. Since
February 24, the United States has already provided more than $565
million in humanitarian assistance to support people inside Ukraine. I
would continue our work with the Government of Ukraine and coordination
with neighboring states, the United Nations, and other international
organizations and NGOs assessing the evolving humanitarian needs of the
people of Ukraine and liaising with partners to ensure that
humanitarian assistance reaches the most vulnerable individuals.
Question. Mission Kyiv has been under enormous stress leading up to
and following the Russian invasion. What is your understanding of
morale throughout Mission Kyiv?
Answer. I want to salute the team of dedicated Americans and
Ukrainians who make up the U.S. Embassy in Kyiv for their exceptional
service in the buildup to and throughout Russia's brutal war. In my
experience as a diplomat, closing an Embassy under the stress of war is
heartbreaking--and has a negative impact on morale. If confirmed, I
would try to build on the work of my predecessors to ensure that our
people have all possible resources and focus on looking forward to our
goals of helping Ukraine defend itself and helping Ukraine rebuild.
Question. How do you intend to improve morale at Mission Kyiv?
Answer. If confirmed, my first step would be to get on the ground
to listen to the advice of the team in place and assess where I can be
helpful. Early on, I would try to bring us all together in the vision
and the goals we need to pursue to get there. I would then focus on
rewarding effort and results and helping those who may need more
resources or information. I have found that with clear consistent and
fair leadership, morale rises. If confirmed, I would approach our goals
with an understanding and empathy for the context of working in a war
environment, both for our American and for our Ukrainian staff.
Question. How do you intend to create a unified mission and vision
at Mission Kyiv?
Answer. If confirmed, I will bring together our sections and
agencies on our overall mission--to help Ukraine defend itself--and
agree on the goals we need to pursue to achieve the mission. I will
work with my Deputy and Washington to ensure we have the resources and
personnel necessary to advance our goal. Periodically, I will ask the
DCM to assess progress and adjust our goals as needed. My approach is
to tie these goals to awards and ensure they are embedded in
performance appraisals to keep us unified in achieving them as a
country team.
Question. On April 28, 2022, U.S. Embassy Kyiv announced the
passing of one of its locally-employed staff, Volodymyr, who took leave
from his role as a bodyguard to join the army. Are you aware of
staffing issues that may hinder reopening Embassy Kyiv?
Answer. If confirmed, my top priority will be the safety and
security of everyone in my Embassy. Safety concerns and the overall
security environment in Ukraine continue to impact Mission Ukraine and
will be our primary consideration for staffing the Embassy for the
foreseeable future. I look forward to working with the exceptional
American and Ukrainian staff members of Embassy Kyiv. I am humbled by
the patriotism and sacrifice of Volodymyr Kapelka and join the
Secretary in extending the United States' condolences to his family.
Question. If confirmed, what actions would you take to address
staffing issues while remaining conscious of the desire for Ukrainians
to defend their country?
Answer. If confirmed, I will offer maximum flexibility, as allowed
by Department policy and local regulations, including for the many
Ukrainian citizens who have taken up arms to defend their country. If
we have gaps to fill, I will request additional support from the
Department and fill those gaps.
Question. If confirmed, how would you support staff following the
death of a staff member?
Answer. Sadly, Embassy Kyiv is already mourning the death of a
local staff member killed defending his country from Russia's brutal
war. I appreciate the outpouring of support for his family from the
mission community and from the entire State Department, including
Secretary Blinken. Offering compassion, support, and resources during
such difficult times is a key function of the chief of mission and one
I take extremely seriously.
Question. Management is a key responsibility for Chiefs of Mission.
How would you describe your management style?
Answer. We work under the direction of the President and on behalf
of the American people to advance the Administration's foreign policy
goals. My leadership style is to bring the country team together on a
vision--a Ukraine that is democratic, independent, sovereign, and
prosperous--and come up with the goals we need to achieve to realize
that vision. My management style is to delegate the strategy to achieve
each goal to sections and agencies as overseen by the DCM and then come
in with top level support and advocacy to help us advance them. This
approach has helped us achieve a number of top foreign policy goals in
Slovakia during my tenure and if confirmed, I would adapt it as needed
to the context of Ukraine.
Question. Do you believe it is ever acceptable or constructive to
berate subordinates, either in public or private?
Answer. No.
Question. How do you envision your leadership relationship with
your Deputy Chief of Mission?
Answer. There is no more important relationship in the Embassy than
that between the Ambassador and Deputy Chief of Mission. If confirmed,
I will work to ensure that there is a strong and close leadership team
that speaks with one voice to the country team and to DC while also
encouraging the Deputy Chief of Mission to be frank and open with me,
especially if he disagrees or thinks we are going in the wrong
direction. I believe this relationship, especially in a conflict
environment, must be one of trust and total confidence to ensure the
effective operation of the Embassy.
Question. If confirmed, what leadership responsibilities do you
intend to entrust to your Deputy Chief of Mission?
Answer. If confirmed, I would lead my Embassy as the policy vision
and execution and ask my Deputy Chief of Mission to be my alter ego. I
expect the Deputy Chief of Mission will be more focused on the internal
management of the mission but, because of the magnitude of the job in
Ukraine, I believe he will also need to be someone who can do the
external work. I would see the Deputy Chief of Mission as my top
advisor on all issues and ask him to take on some of the most sensitive
and important tasks that cut across the mission such as ensuring
appropriate oversight over the funds allocated by Congress to Ukraine.
Question. In order to create and continue employee excellence at
the Department, accurate and direct employee evaluation reports (EERs)
for foreign service officers are imperative, though often lacking. Do
you believe that it is important to provide employees with accurate,
constructive feedback on their performances in order to encourage
improvement and reward those who most succeeded in their roles?
Answer. Yes. I believe it is important to provide employees with
accurate, constructive feedback on their performance to encourage
improvement and reward success.
Question. If confirmed, would you support and encourage clear,
accurate, and direct feedback to employees in order to improve
performance and reward high achievers?
Answer. Yes. I commit to supporting and encouraging clear,
accurate, and direct feedback to employees to improve performance and
reward high achievers.
Question. You mentioned during your hearing that you have seen
photos of damage to the U.S. embassy in Kyiv that seems superficial.
Have you received more detailed information regarding the state of the
infrastructure in Kyiv since the hearing?
Answer. No, I have not received more detailed information regarding
the state of the infrastructure in Kyiv since the hearing.
Question. If confirmed, what actions would you take to address
infrastructure issues at Mission Kyiv?
Answer. If confirmed, I will do everything possible to ensure
infrastructure issues receive immediate and appropriate attention and
are addressed in a timely manner through appropriate channels.
Question. Several other countries already re-opened their embassies
in Kyiv. What qualifications have prohibited the U.S. from re-opening
our embassy?
Answer. The Department and the Administration are undertaking
security assessments and working through the required congressional
notifications process to safely reopen our Embassy in Kyiv as soon as
possible.
Question. Does reopening our Embassy in Kyiv send a signal to the
Ukrainian people? If so, what signal?
Answer. Yes, our physical presence in Kyiv sends a strong signal of
solidarity with the Ukrainian Government and people and underscores the
enduring U.S. commitment to Ukraine's success.
Question. Do you believe the Embassy should be reopened full-time,
with a permanent presence?
Answer. Yes. I believe that if the security situation permits, we
should continue to increase and make permanent our presence so we can
effectively carry out the wide array of work needed to protect U.S.
interests and help Ukraine prevail in this war.
Question. How would reopening the Embassy in Kyiv assist the State
Department's activities in Ukraine?
Answer. Resuming Embassy Kyiv operations would help us work
directly with the Government on requests, improve security, economic,
and humanitarian assistance oversight, and provide a platform to
conduct a number of services that advance our strategic goals.
Question. ``Anomalous health incidents,'' commonly referred to as
``Havana Syndrome,'' have been debilitating and sidelining U.S.
diplomats around the world for years. They have caused serious,
negative consequences for U.S. diplomacy, yet many believe that the
Department is not doing enough to care for, protect, and communicate to
its personnel. The past occurrences and ongoing threat of anomalous
health incidents among embassy personnel and their families poses a
serious challenge to morale. When personnel at post fear for their
safety or doubt that their case will be taken seriously if they were
affected, the performance of embassy operations can suffer.
If confirmed, do you commit to taking this threat seriously?
Answer. Yes. If confirmed, I will take nothing more seriously than
the health and safety of the people who work with me. I commit to
making sure our staff is aware of the potential danger and the signs to
recognize it, and to working with health and security officials as well
as other parties as recommended.
Question. If confirmed, do you commit to talking as openly as you
can to Mission Kyiv personnel?
Answer. Yes.
Question. Have you received a briefing on the anomalous health
incidents that have occurred to U.S. Government personnel around the
world, including at U.S. embassies and other diplomatic posts?
Answer. Yes.
Question. If you have not, and if you are confirmed, do you commit
to receiving a briefing on the incidents before you depart for your
post?
Answer. I have received the briefing although will ask for an
update as it relates to Ukraine, if confirmed.
Question. In the event of an anomalous health incident among your
Embassy personnel or eligible family members, do you commit to maintain
detailed records of the incident, and share the information with the
State Department and other embassies to contribute to the investigation
of how these attacks are affecting U.S. missions and personnel around
the world?
Answer. Yes, if confirmed, I commit to maintain detailed records an
incident, and share the information with the State Department and other
embassies to contribute to the investigation of how these reported
incidents are affecting U.S. missions and personnel around the world.
Question. Whether or not anomalous health incidents occur at your
Embassy, how will you work to restore and preserve morale that may be
lost due to the knowledge these attacks have been occurring at posts
around the world?
Answer. If confirmed, I will do everything possible to ensure
employees who report a possible anomalous health incident receive
immediate and appropriate attention and care and the incident is
reported through appropriate channels.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Bridget A. Brink by Senator Marco Rubio
Question. We all want to see Ukraine win this war against Vladimir
Putin's Russia. Ukrainians do not need funding for international COVID-
19 relief or radical immigration provisions to win the war and funding
for these issues should not be tied to assistance to Ukraine.
Included in the Administration's request for supplemental
appropriations for Ukraine is legislation to provide a path to
citizenship for the Afghans evacuated out of Kabul last year--
can you explain how that will help Ukraine win the war?
Answer. It is an administration priority in both Afghanistan and
Ukraine to provide individuals who are more at risk because of the
interests and values they share with us with paths to safety. In both
these countries, locally employed staff of our embassies and other U.S.
affiliated groups are at risk of becoming targets of violence because
of their relationships with us. A path to citizenship for Afghans, and
access to refugee programming for Ukrainians, send critical signals of
support to those still fighting for security, stability, prosperity,
and democracy in both countries.
Question. Given your deep experience working in the former Soviet
states, including in Tbilisi immediately before Putin's 2008 invasion
of Georgia, what in the Administration's request is critical to support
Ukraine's defense and what is not?
Answer. The administration's request to Congress for additional
assistance to Ukraine includes additional resources for security and
military assistance, economic assistance, humanitarian assistance; and
assistance to uphold human rights and support efforts to hold Russian
officials accountable for atrocities. Based on my experience and
knowledge of the situation on the ground, I regard all of this
assistance as critical. Continuing the flow of security, economic, and
humanitarian assistance is essential to ensuring that a sovereign,
independent, and secure Ukraine prevails, and that Russia's invasion
results in strategic failure.
Question. During his visit to Kyiv last month, Secretary of State
Blinken announced the United States' intention to follow other
countries' lead and return the U.S. Embassy to Kyiv. This is an
important show of support for the Ukrainian people's fight against
Putin's forces, but we must prioritize the security of American
diplomats and service members in what is likely to remain a warzone for
the foreseeable future. In your assessment, is it currently safe enough
to reopen the U.S. Embassy in Kyiv?
Answer. I have no higher priority than the safety and security of
everyone under Chief of Mission authority. The Department continues to
assess the security situation in Ukraine on a daily basis, with the
goal of resuming operations at Embassy Kyiv as soon as possible
following completion of congressional notification procedures and as
security conditions permit.
Question. What is the status of the return of diplomatic operations
in the U.S. Embassy in Kyiv?
Answer. During the Secretary's April trip to Kyiv, he announced
that we will soon resume embassy operations. The Department and
interagency have been coordinating on risk assessments and our Charge
d'Affaires has visited Kyiv with a security detail. Our goal is to
resume limited Embassy Kyiv operations as soon as possible following
completion of congressional notification procedures and as security
conditions permit.
Question. If confirmed, what security measures will you put in
place to ensure that Americans assigned to the Embassy are not put in
harm's way?
Answer. I have no higher priority than the safety and security of
everyone under Chief of Mission authority. Diplomatic Security, the
Defense Department, and the intelligence community have been
coordinating risk assessments to ensure we have the security measures
needed to return our diplomats to Kyiv. While conducting diplomacy in a
war zone entails risks, if confirmed, I pledge to work with my
leadership and our team to balance these risks against our goals in a
way that advances our national interests in Ukraine.
Question. If confirmed, what factors would lead you to decide to
evacuate the Embassy again?
Answer. Any suspension of operations would be done in close
consultation with Department leaders and the White House, and would
depend on a number of factors. If confirmed, my highest responsibility
will be the safety and security of everyone serving under Chief of
Mission authority. I believe we need to be in Kyiv to effectively
advance U.S. interests.
Question. Vladimir Putin's airstrikes and artillery attacks on
Ukrainian cities have landed dangerously close to Poland and other NATO
states, while in recent weeks, Russian state-owned media have started
to talk about how this conflict is becoming a full-fledged war between
Russia and NATO. If confirmed, what would your recommendation to the
President be in order to deter a Russian attack on NATO personnel
delivery assistance to Ukraine?
Answer. The United States remains concerned about Russia's threats
and have planned for contingencies, but as the Pentagon has said, we
have no indications that any weapons or equipment shipments have been
hit or blocked by Russia. U.S. forces are not in Ukraine, but remain in
neighboring, NATO countries, and President Biden has been clear that we
will defend every inch of NATO territory. If confirmed, my
recommendation would be to continue this policy.
Question. If confirmed, and if Putin does try to push a NATO member
country to invoke Article 5, what would your response be?
Answer. The President has been clear: we will defend every inch of
NATO territory with the full force of U.S. and Allied power. NATO is
united and determined to defend our collective security. Together,
allies have reinforced NATO's Eastern Flank to reassure frontline
allies and deter Russia's aggression. If confirmed, I will work with
Congress to continue this ironclad commitment to Article 5.
Question. Since February, we have seen an unprecedented show of
support for Ukraine among our European allies. Countries that
previously were reluctant to meet NATO's 2 percent of GDP military
spending requirement have now pledged to do so. Finland, Sweden,
Germany, and others have broken longstanding policy against providing
lethal assistance by providing rifles, rocket launchers, and other
equipment to the Ukrainian people. However, fractures are already
appearing in this pro-Ukraine coalition. German Chancellor Scholz has
spent weeks delaying delivery of anti-aircraft weapons and other heavy
weapons to Ukraine, despite announcing a reversal of Germany's old pro-
Russia policies. Do you believe the pro-Ukrainian coalition that has
emerged in Europe can remain united through the end of the war in
Ukraine?
Answer. Yes. U.S. leadership and a commitment to working with our
allies and partners has led to an unprecedented level of international
cooperation in response to Russia's unprovoked and unjustifiable war in
Ukraine. If confirmed, I pledge to continue close consultation with all
allies and partners to maintain this momentum.
Question. Can this coalition last beyond the war and assist the
United States in confronting the long-term security threats in the
region?
Answer. We have never been more united with allies and partners, as
demonstrated by the unified and immediate response to Putin's war.
Collectively, we are committed to Ukraine's long-term success as a
sovereign, independent, and secure state. NATO Allies are taking
lessons learned from this experience into the Madrid Summit in June,
where we will shape a common understanding of Transatlantic security
that will further unify us for the next decade. If confirmed, I am
ready to work with allies, partners, and Congress to rebuild Ukraine
and continue to strengthen our alliances and partnerships.
Question. If confirmed, what steps will you take to work with your
counterparts in the other Embassies in Kyiv to ensure the European
countries continue to take the threat of Russia seriously?
Answer. If confirmed, I commit to regular, close consultation with
all our allies and partners based in Ukraine on this and other areas of
mutual interest. As long as Russia threatens global stability and
security through its violations of the sovereignty, territorial
integrity, and independence of other states, I commit to working with
other countries who share our goals to repel this aggression.
Question. For the last few weeks, the Chinese Communist Party has
duplicitously tried to present itself as a supporter of Ukraine's
sovereignty, while also providing material aid to Putin's invasion--
through financial assistance and even cyber-attacks on Ukraine's
Government. We should not be mistaken--the CCP under Xi Jinping is
fully complicit in Putin's war against Ukraine and we should hold it
accountable. If confirmed, how will you direct U.S. efforts to counter
CCP narratives that China is a friend of Ukraine?
Answer. The courage of the people of Ukraine and the stalwart
support of the United States and our allies and partners have inspired
people around the world striving for peace, democracy, human rights,
and freedom. Meanwhile, the People's Republic of China has been absent
in the time of Ukraine's greatest need, providing diplomatic cover for
Russia's brutal, unprovoked war and amplifying Russian disinformation
about Ukraine, the United States, and NATO. The people of Ukraine will
not forget which countries stood up for them.
Question. Before the war, Ukraine's Government had once looked to
China as a source of much needed funding for port and infrastructure
development. Do you support China having a role in Ukraine's
reconstruction? Why or why not? If you do not support China having a
role, what can you do to ensure they are not a part of this effort?
Answer. If confirmed, I will work with Ukraine to encourage a
sustainable and transparent approach to reconstruction, built around
mutually beneficial relationships, trusted vendors, and national
security. This will help develop a level playing field capable of
accelerating inclusive economic growth throughout the reconstruction
process. The United States is always ready to share best practices with
our closest partners, but the democratically elected government of
Ukraine will choose its own path.
Question. As you well know, Russia's invasion of Ukraine has
created an urgent humanitarian crisis, particularly for vulnerable
orphaned children. There are roughly 300 Ukrainian orphans with unique
ties to the United States that makes travel to the United States an
immediately viable tool for their protection. These children deserve to
be cared for in the safest environment available while the situation in
Ukraine remains dangerous and unstable.
If confirmed, would you work to provide these children with
authorization for temporary travel to the United States so they
may stay with their prospective host families away from harm?
Answer. The Government of Ukraine is deeply concerned about the
risk of separation of children from their families and of child
trafficking in wartime, especially for vulnerable groups like orphans.
If confirmed, I will work closely with the Government of Ukraine to
make sure vulnerable groups are afforded the best legal and diplomatic
options for getting to a safe environment. I believe these options
should include safe pathways to the United States for those with
legitimate ties, including Humanitarian Parole or the Uniting for
Ukraine program as applicable, and be consistent with Ukraine's
protections of these children.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Bridget A. Brink by Senator Todd Young
Question. What can be done to assist Ukraine in exporting its
grains and agricultural goods so critical to addressing global food
needs? Are there alternative routes to help transport the food?
Answer. Ukraine's ports, which were used to export 95 percent of
its grains and agricultural goods prior to Russia's full-scale
invasion, are not operational due to Moscow's effective naval blockade.
Ukraine is attempting to export grains via its EU neighbors but is
limited by numerous factors--including different rail gauges between
the countries, lack of railcars and port capacity on the EU side, and
bottlenecks at borders. If confirmed, I will work closely with our
partners to improve the situation, and with the Government of Ukraine
to ensure they are putting into place the necessary processes to
quickly comply with EU customs and regulations.
Question. How can we and the international community support
Ukraine's agricultural sector now to ensure that crops can be planted,
grown, and harvested even in the midst of this war?
Answer. Ensuring Ukraine's agricultural sector has access to export
markets and to inputs such as fuel and fertilizer will be crucial.
Ongoing assistance programs as well as funds from the Ukraine
Supplemental Appropriations Act are addressing the acute needs of the
agricultural sector. This goes beyond merely providing foreign
assistance, however. If confirmed, I pledge to continue to work with
our partners and allies to overcome the challenges presented by
Russia's hostile naval presence in the Black Sea. I will continue to
work to ensure that fuel and fertilizer arrive where they are needed,
when they are needed.
Question. I understand the Ukrainian Government has understandably
put in place export restrictions to prioritize its war efforts. If
confirmed, how would you coordinate with the Government of Ukraine to
ensure that restrictions are tailored to support the Ukrainian people
while ensuring surplus foods are able to be exported?
Answer. Ukraine's economy depends on exporting food around the
world. While Ukraine has introduced strict new export quotas on some of
its most critical domestic agricultural and food needs (meat, oats,
buckwheat, and sugar), it did not do so for most globally--significant
exports--these include wheat, corn, poultry, and sunflower oil.
Instead, it introduced a new system that will allow its Ministry of
Economy to manage more directly Ukraine's agricultural commodities and
food supplies. If confirmed, I will work closely with the Government of
Ukraine as it seeks to balance domestic consumption and agricultural
sector exports.
Question. As we support Ukraine's Government in the war, we also
need to think carefully about long-term sustainability. What tools do
we have to ensure accountability and continued democratic reforms in
Ukraine?
Answer. The people of Ukraine have twice taken to the streets to
get rid of corrupt leaders--in the 2004 Orange Revolution and the 2013-
2014 Revolution of Dignity--and are now bravely defending against
Russia's full-scale invasion in order to have a democratic, European
future. If confirmed, I will support the Ukrainian aspiration for this
future through the re-establishment and strengthening of institutions
with integrity and procedures that help eliminate corruption, build
resilience, and meet international best practices. I will also continue
support efforts that aim to hold Russian officials accountable for war
crimes and atrocities.
Question. How concerned should we be about the relationship between
President Zelensky and the sanctioned Ukrainian oligarch Ihor
Kolomoyskyy? Does the war change the risks to Ukrainian democracy and
rule of law from its own oligarchs?
Answer. Given the tremendous sacrifices made by the people of
Ukraine as they defend their country and the commitment by the
international community to help Ukraine defend itself, I believe there
is an historic opportunity to be seized to break a legacy of endemic
corruption in Ukraine. If confirmed, I intend to ensure that our
policies are fully geared toward helping Ukraine achieve this goal.
More specifically on Ihor Kolomoyskyy, I would note that last year
the Department of State announced a visa restriction on him, along with
his immediate family members, for involvement in significant
corruption. This was a clear message from the United States that no one
is above the law as Ukraine works to counter corruption and hold
corrupt actors accountable. If confirmed, I will reaffirm this
position.
Question. Prior to the war, Ukraine had started to backslide on
reforms in its judiciary, energy sector, and central banking. If
confirmed, how would you approach having tough conversations with the
Government of Ukraine about continued progress on democratic reforms?
Answer. If confirmed, combating corruption, and advancing much-
needed institutional reforms will remain one of my top priorities.
Anti-democratic forces have weaponized corruption, misinformation, and
disinformation to exploit perceived weaknesses and sow division within
and among free nations, erode existing international rules, and promote
alternative models of authoritarian governance. We cannot afford to
help Ukraine win this war, only to lose its democratic future by
failing to reform. I will regularly communicate this to the Ukrainian
Government and underscore the importance of reform to Ukraine's
European future.
Question. There were over 300 Ukrainian children in process of
being adopted by American families when the invasion began in February.
Now these children face a deeply uncertain future. If confirmed, how
would you work with the Government of Ukraine to identify and support
Ukrainian children in limbo in the adoption process?
Answer. If confirmed, I look forward to working with the Ukrainian
Government to ensure these children are united with their adoptive
families as soon as it is safe and legally feasible. The United States
also recognizes and respects Ukraine's jurisdiction over decisions
about the safety and welfare of children in its care. This includes
their jurisdiction over requests to move the children to a different
country. If confirmed, I pledge to continue our close cooperation with
the Ukrainian Government in order to complete these adoptions, in
accordance with U.S. and Ukrainian law.
Question. As the Embassy reopens operations, how would you
prioritize consular services in the country, if confirmed?
Answer. Initially, we will prioritize emergency services for U.S.
citizens. The Department of State continues to advise U.S. citizens not
to travel to Ukraine. Routine passport and visa services will continue
to be provided at U.S. Embassies in neighboring countries.
Question. What would be your message to our European allies on the
importance of coordinated actions to counter Russia's aggression in
Ukraine?
Answer. If confirmed, my message would be that Putin's war is a
threat to all countries that believe in the sovereign right of states
to choose their own futures. The United States and our European allies
and partners have never been more united in imposing severe costs on
Russia for its aggression in Ukraine.
Question. What could the United States do to help allies reduce
their dependence on Russian energy supplies?
Answer. If confirmed, I will ensure Embassy Kyiv supports this
administration's commitments to help our allies and partners diversify
away from Russian energy. The joint U.S.-EU Task Force on Energy
Security seeks to address this challenge by helping Europe reduce its
dependence on Russian fossil fuels by diversifying liquified natural
gas supplies for the EU market and reducing overall demand for natural
gas. It also commits to working with our European allies to accelerate
the deployment of clean energy, support energy efficiency measures, and
increase our cooperation on renewable energy projects and technologies.
If confirmed, I will make sure Embassy Kyiv supports these efforts to
break our allies' dependence on Russian energy.
Question. How would you characterize the current solidarity and
cooperation among Eastern European countries in the face of Russia's
war?
Answer. The United States, our allies, and our partners have never
been more united in our support of Ukraine, and in our determination to
impose severe costs on Russia for its aggression. We continue to
fortify the NATO Alliance by enhancing our force posture on the Eastern
Flank and working to build resiliency against Russia's aggression.
There is broad support among our allies and partners in eastern and
central Europe for cutting off Putin's economy and countering the
weaponization of Russian energy exports. If confirmed, I will work to
ensure the United States and partners remain united in our effort to
help Ukraine defend itself against Russia's war of choice.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Elizabeth H. Richard by Senator Robert Menendez
Question. How will the Counterterrorism Bureau deal with a more
decentralized and localized terrorist threats against our friends and
allies in a post-Al Qaeda, post-ISIS environment?
Answer. Terrorist groups threatening the United States and our
partners today are more geographically dispersed, more ideologically
diverse, and more technologically adept than ever before.
If confirmed, I commit to sustaining our efforts to disrupt
terrorist plots, eliminate terrorist safe havens, sever terrorist
groups' access to financing, materiel, and recruits, and prevent and
counter violent extremism in communities so that these groups cannot
further mobilize or inspire others to commit acts of violence. This
includes encouraging allies and partners to assume a greater share of
the burden, which is particularly critical in a decentralized threat
environment. If confirmed, I will work closely with Congress on
engaging allies and partners to use their resources and comparative
advantages in terms of relationships and geographic proximity to help
us combat global and regional terrorist organizations.
Question. Do you believe that the resources and funding dedicated
to U.S. counterterrorism programs at the State Department are adequate?
If not, how much more is needed and for what programs?
Answer. Counterterrorism remains a priority for the State
Department and the Administration. If confirmed, one of my first jobs
will be to assess resources planned in previous years and ensure they
are meeting the needs of the counterterrorism mission.
I will fully engage in the budget planning process with Department
leadership, OMB, and Congress to ensure the resources are aligned with
our priorities and able to address the growing threats of ISIS and
other terrorist actors that seek to destabilize security.
Question. What should be done to win the ``hearts and minds'' of
individuals and groups that may be susceptible to the influences and
teachings of violent Islamist extremism fundamentalists?
Answer. Outreach to individuals and groups that may be susceptible
to terrorist and violent extremist influences and teachings is a
priority for the Biden-Harris administration and the State Department.
The comprehensive ``whole-of-society'' U.S. approach focuses on
building long-term resilience to these messages in order to prevent--as
well as counter--terrorism and violent extremism online and offline,
while respecting human rights and fundamental freedoms such as freedom
of expression.
I understand that the CT Bureau partners with community leaders,
religious leaders, and NGOs to increase their capacity to intervene
effectively in the lifecycle of a potential terrorist, and supports
community-level, social-service-based intervention initiatives and law
enforcement programs to create ``off-ramps'' for those individuals on
their way to becoming radicalized to violence and/or recruited by
terrorist organizations.
If confirmed, I will continue to work closely with these partners
on this issue.
Question. What is your view of current U.S. approaches to threats
posed by transnationally active violent right-wing extremists?
What changes, if any, to existing efforts do you believe are
appropriate?
Answer. Countering racially or ethnically motivated violent
extremism (REMVE), including violent white supremacist ideologies and
actors, has been a top priority for the Biden-Harris administration and
the State Department.
I understand that the Biden-Harris administration released the
first-ever National Strategy for Countering Domestic Terrorism in June
2021.
I also understand that the State Department uses a broad range of
tools to counter the transnational dimensions of the REMVE threat,
including diplomatic engagement, information sharing, and capacity
building.
If confirmed, I will continue to work closely with interagency
partners, foreign partners, and multilateral organizations on this
issue.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Elizabeth H. Richard by Senator James E. Risch
Question. Ambassador Richard, our Chiefs of Mission provide
concurrence for Department of Defense counterterrorism activities in
their respective areas of responsibility--what we call 127 echo
programs. However, I'm concerned that once our Chiefs of Mission
provide concurrence, we have no opportunity to revisit based on
changing conditions. Worse, the Foreign Relations Committee has little
visibility on where our Chiefs of Mission are providing concurrence. Do
I have your commitment to work with this committee to ensure we have
adequate visibility?
Answer. I commit to work with the Senate Foreign Relations
Committee on this matter, if confirmed. I will coordinate closely with
the Secretary of State and critical State Department stakeholders to
review the current State Department practices and procedures related to
Section 10 USC 127e. I will also work closely with the Department of
Defense to address the changing global threat environment.
Question. While we shattered the Islamic State's grip on Iraq and
Syria, problems remain. Thousands of foreign terrorist fighters
languish in sometimes makeshift prisons in Syria. While a handful of
our partners have repatriated their foreign fighters to face justice,
others have refused. How do we accelerate repatriations and ensure
these fighters don't pose a threat to United States' interests?
Answer. The United States encourages countries of origin to
repatriate, rehabilitate, reintegrate, and, where appropriate, also
prosecute foreign terrorist fighters (FTFs) and associated family
members. If confirmed, I will intensify diplomatic engagement in
bilateral and multilateral channels, including through the Global
Coalition to Defeat ISIS, to press governments around the world to
return their nationals and fulfill their responsibilities.
Question. Recent press reporting argues that you refused a EUCOM
QRF and subsequently left the Embassy ``exposed.'' Please respond to
those criticisms.
Answer. The Embassy did not refuse the EUCOM QRF. It did deploy to
Beirut. In addition, the Embassy maintained an extremely robust
security presence of U.S. and host nation security elements at all
times. All of the Embassy's security-related decisions were made in
close consultation with security professionals and other relevant
officials in the Embassies and in Washington.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Elizabeth H. Richard by Senator Jeanne Shaheen
Question. The Biden administration has assigned the role of ISIS
Detainee Coordinator to the Counterterrorism Coordinator for the
purposes of fulfilling the Robert Levinson Hostage Recovery and
Hostage-Taking Accountability Act. If confirmed, how will you work
across the interagency to ensure that the complex challenges of both
ISIS detention and the displacement of families with perceived and
possible ISIS affiliation will be adequately addressed?
Answer. The U.S. Government encourages countries of origin to
repatriate, rehabilitate, reintegrate, and, where appropriate,
prosecute foreign terrorist fighters (FTFs) and associated family
members. The United States also provides, on a case-by-case basis,
logistical support for countries of origin willing to repatriate their
nationals. These efforts involve not just the CT Bureau but other State
Department bureaus and offices, U.S. embassies abroad, and elements of
the Department of Defense, among others. If confirmed, I will expand
our existing repatriation efforts, reinvigorate our dialogue with other
countries, and redouble our efforts to ensure the welfare of FTF-
associated family members.
Question. The Government of Iraq has indicated a greater
willingness to take back its 30,000 residents in the Al Hol camp. How
should the U.S. Government utilize this important window of opportunity
to assist with the repatriation of the Al Hol camps Iraqi citizens who
comprise a large number of the camp's residents?
Answer. If confirmed, the repatriation of displaced persons out of
northeast Syria would be one of my top priories. In addition to
diplomatic efforts, I understand that the United States is currently
working with international humanitarian organizations to enable Iraqi
returns and reintegration into areas of origin. If confirmed, I will
inject new energy to these efforts to ensure that we are adequately
engaging with partners to repatriate all citizens out of northeast
Syria.
Question. ISIS sleeper cells in northeast Syria appear to have
increased the tempo of attacks--possibly exploiting a pivot in global
attention towards Europe. ISIS elements have also stated publicly their
intention to continue attacks on prisons (such as in Al Hasakeh this
past January) and camps as part of their overall strategy to replenish
their ranks. How will you work with others in the U.S. Government to
ensure that ISIS detention sites and displacement camps are secure and
not vulnerable to external attack?
Answer. This is a complex issue. As I understand it, overcrowding
in predominantly makeshift detention facilities and displaced persons
camps in northeast Syria exacerbates the security challenges and
diverts resources from the counter-ISIS mission. I believe we must work
quickly to reduce the number of people in detention and ensure ISIS
detainees are held humanely and securely.
We must also work quickly to reduce the number of displaced persons
in IDP camps in al-Hol and elsewhere in northeast Syria. I also
understand that getting countries to repatriate their foreign fighter
citizens and families is only one part of the solution. If confirmed, I
will work within the Department of State and with interagency partners,
including DOD, to identify and fill gaps in local partner capacity to
support improved security at these locations.
Question. How should the United States address the repatriation of
foreign women and children living in the displacement camps,
particularly with our European allies who remain opposed to
repatriating their citizens?
Answer. As Secretary Blinken has stated, the current situation with
regard to detained ISIS fighters and their family members in Syria is
not sustainable. The best way to counter this challenge is to increase
support for and availability of education and psychosocial services,
and for countries to repatriate their nationals, which the CT Bureau
helps facilitate.
If confirmed, I will press governments around the world to
repatriate their nationals through intensive diplomatic engagement in
bilateral and multilateral channels, including through the Global
Coalition to Defeat ISIS. I will continue to make the case to countries
around the world that repatriation, rehabilitation, reintegration, and,
where appropriate, also prosecution provide the only durable solution
to the humanitarian and security challenges posed by FTFs and
associated family members in displaces persons camps in northeast
Syria.
Question. Many liken the displacement camps to a ``ticking time
bomb'' that potentially holds the next generation of ISIS fighters if
the situation in the camps is not addressed. If confirmed as the CT
Coordinator also serving as the ISIS Detainee Coordinator, how will you
utilize both roles to address the need to prevent the radicalization of
the camp's children?
Answer. As I understand it, there are thousands of family members
in displaced persons camps in northeast Syria, many of whom are under
the age of 18. I understand the United States, through its partnerships
with U.N. humanitarian agencies and NGOs, provides life-saving
humanitarian assistance to displaced persons camps such as al-Hol and
Roj, including funding for camp management, food assistance, health
care, education, psychosocial support services, and clean water and
sanitation.
Ultimately, the best solution for residents and the only durable
solution is the voluntary, safe, and dignified return of Syrians to
their areas of origin or another location of their choosing, and the
repatriation of non-Syrians to their countries of origin. If confirmed,
I will prioritize international cooperation on repatriation to ensure
that ISIS does not exploit these vulnerable populations or reconstitute
itself in the region.
Question. If confirmed, how will you work with other stakeholders
at State and USAID to address the need to prepare communities in Iraq
and northeast Syria for the return of their residents in the camp? What
type of programming, resources and coordination do you envision to
address this piece of the challenge?
Answer. If confirmed, I will work closely with other stakeholders
at State and USAID to identify and, where practical, develop capacity-
building programs for the Government of Iraq to support the return,
rehabilitation, and reintegration of Iraqis from Syria. In the case of
CT Bureau, assistance may focus on training Iraqi officials to
independently complete risk and needs assessments to effectively
connect returnees with the psychosocial and economic support they need
to rehabilitate and reintegrate successfully into society. If
confirmed, I will also leverage my role as the Special Envoy to
encourage Coalition members to fund and implement programming toward
such efforts in a coordinated manner.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Elizabeth H. Richard by Senator Marco Rubio
Question. At a time when Shi'ite militias are stepping up attacks
on U.S. facilities and personnel in Iraq, when the Houthis are
massacring innocent civilians in Yemen, and where Hamas and Hezbollah
are launching attacks on Israel, the Biden administration is
contemplating lifting sanctions on these terrorists' prime sponsor: the
Islamic Republic of Iran. This is certainly the biggest obstacle to
negotiating a flawed deal on Iran's nuclear program and will certainly
impact the national security of our partners across the Middle East.
Do you agree that Iran is the region's largest supporter of
terrorist movements in Lebanon, Israel, Iraq and Yemen? Why or
why not?
Answer. Iran continues to be the foremost state sponsor of
terrorism and facilitates a wide range of terrorist activity, both in
the region and around the world. It continues to support Hezbollah,
Palestinian terrorist groups, and various groups in Iraq, Bahrain,
Syria, and Yemen with funding, training, weapons, and equipment. It
also harbors senior, veteran al-Qa'ida leaders in Iran. Iran's support
for terrorism destabilizes the region and threatens U.S. forces,
diplomatic personnel, and our partners in the region and elsewhere. If
confirmed, I would strengthen cooperation with our allies and partners
to address the threats posed by Iran.
Question. If Iran is provided $100 billion in sanctions relief,
this would be a boon to terrorists who seek to destabilize these
countries and threaten American national security. If confirmed, and if
the Biden administration secures a nuclear deal with Iran, how would
you ensure the U.S. counters the inevitable increase in terrorist
operations?
Answer. If confirmed, I will continue to hold the Iranian
Government accountable for its actions, including its longstanding
support for terrorism. I commit to using the appropriate CT tools at
our disposal, including sanctions, and working in close coordination
with our allies and partners, to counter the terrorist threat posed by
Iran.
Question. Last year, Hamas and Palestinian Islamic Jihad, both
groups designated as terrorist organizations by the United States,
launched more than 4,000 rockets into Israel and this year instigated
anti-Israeli attacks in Tel Aviv and Jerusalem. To protect our ally
Israel and reduce the threat to Americans traveling to the Holy Land,
it makes sense that we should sanction any organization or entity that
provide money to these terrorists.
Do you agree that the United States should impose sanctions on all
entities that provide financial and material support to Hamas
and Palestinian Islamic Jihad, including Iran?
Answer. The United States remains unwavering in its commitment to
Israel's security. If confirmed, I commit to working closely with
Israel and other allies and partners to counter the flow of financial
and material support to Hamas and other Gaza-based terrorist groups
like Palestinian Islamic Jihad. We will continue to use all tools at
our disposal to counter these groups, including imposing financial
sanctions, bolstering law enforcement cooperation with allies, and
engaging in diplomatic engagement with partners to encourage action
against the groups and those who support them.
Question. Do you support my Palestinian International Terrorism
Support Prevention Act, which would impose these sanctions?
Answer. If confirmed, I commit to working with partners across the
Administration, including the Department of the Treasury, to use all
tools at our disposal, including targeted financial sanctions, to
counter Hamas, Palestinian Islamic Jihad, and the individuals,
entities, and groups who provide them with financial and material
support.
Question. On May 9, reports indicated that your former colleagues
in the Trump administration accused you of insubordination. They claim
you went against State Department orders and sent back a U.S. military
quick response force sent to Beirut in 2020 to defend against a
potential terrorist attack the month after the death of Iranian leader
Qassem Soleimani. Given Embassy Beirut's tragic history of terrorist
attacks, this decision potentially endangered American diplomatic
personnel in Lebanon. Do you believe your decision in 2020 to not
extend deployment of the quick response force could have endangered the
lives of American diplomats in the Embassy?
Answer. While serving as Ambassador to Lebanon, ensuring the safety
and security of the Embassy team was my first concern, which is why my
team and I coordinated with the relevant stakeholders, including all
involved security personnel, and reached this decision. We reached this
decision based on the best interests and security of all U.S. personnel
at Embassy Beirut.
Question. When making this decision, did you consult with your
superiors in Foggy Bottom, as required by normal State Department
protocol?
Answer. I believe the safety and security of my personnel is
paramount, and my team and I coordinated with all the relevant
officials, including in Washington.
Question. At a time when Shi'ite militias are stepping up attacks
on U.S. facilities and personnel in Iraq, when the Houthis are
massacring innocent civilians in Yemen, and where Hamas and Hezbollah
are launching attacks on Israel, the Biden administration is
contemplating lifting sanctions on these terrorists' prime sponsor: the
Islamic Republic of Iran. This is certainly the biggest obstacle to
negotiating a flawed deal on Iran's nuclear program and will certainly
impact the national security of our partners across the Middle East.
Do you agree that Iran is the region's largest supporter of
terrorist movements in Lebanon, Israel, Iraq and Yemen? Why or
why not?
Answer. Iran continues to be the foremost state sponsor of
terrorism and facilitates a wide range of terrorist activity, both in
the region and around the world. It continues to support Hezbollah,
Palestinian terrorist groups, and various groups in Iraq, Bahrain,
Syria, and Yemen with funding, training, weapons, and equipment. It
also harbors senior, veteran al-Qa'ida leaders in Iran. Iran's support
for terrorism destabilizes the region and threatens U.S. forces,
diplomatic personnel, and our partners in the region and elsewhere. If
confirmed, I would strengthen cooperation with our allies and partners
to address the threats posed by Iran.
Question. If Iran is provided $100 billion in sanctions relief,
this would be a boon to terrorists who seek to destabilize these
countries and threaten American national security.
If confirmed, and if the Biden administration secures a nuclear
deal with Iran, how would you ensure the U.S. counters the
inevitable increase in terrorist operations?
Answer. If confirmed, I will continue to holdt he Iranian
Government accountable for its actions, including its longstanding
support for terrorism. I commit to using the appropriate CT tools at
our disposal, including sanctions, and working in close coordination
with our allies and partners, to counter the terrorist threat posed by
Iran.
Question. Last year, Hamas and Palestinian Islamic Jihad, both
groups designated as terrorist organizations by the United States,
launched more than 4,000 rockets into Israel and this year instigated
anti-Israeli attacks in Tel Aviv and Jerusalem. To protect our ally
Israel and reduce the threat to Americans traveling to the Holy Land,
it makes sense that we should sanction any organization or entity that
provide money to these terrorists.
Do you agree that the United States should impose sanctions on all
entities that provide financial and material support to Hamas
and Palestinian Islamic Jihad, including Iran?
Answer. The United States remains unwavering in its commitment to
Israel's security. If confirmed, I commit to working closely with
Israel and other allies and partners to counter the flow of financial
and material support to Hamas and other Gaza-based terrorist groups
like Palestinian Islamic Jihad. We will continue to use all tools at
our disposal to counter these groups, including imposing financial
sanctions, bolstering law enforcement cooperation with allies, and
engaging in diplomatic engagement with partners to encourage action
against the groups and those who support them.
Question. Do you support my Palestinian International Terrorism
Support Prevention Act, which would impose these sanctions?
Answer. If confirmed, I commit to working with partners across the
Administration, including the Department of the Treasury, to use all
tools at our disposal, including targeted financial sanctions, to
counter Hamas, Palestinian Islamic Jihad, and the individuals,
entities, and groups who provide them with financial and material
support.
Question. On May 9, reports indicated that your former colleagues
in the Trump administration accused you of insubordination. They claim
you went against State Department orders and sent back a U.S. military
quick response force sent to Beirut in 2020 to defend against a
potential terrorist attack the month after the death of Iranian leader
Qassem Soleimani. Given Embassy Beirut's tragic history of terrorist
attacks, this decision potentially endangered American diplomatic
personnel in Lebanon. Do you believe your decision in 2020 to not
extend deployment of the quick response force could have endangered the
lives of American diplomats in the Embassy?
Answer. While serving as Ambassador to Lebanon, ensuring the safety
and security of the Embassy team was my first concern, which is why my
team and I coordinated with the relevant stakeholders, including all
involved security personnel, and reached this decision. We reached this
decision based on the best interests and security of all U.S. personnel
at Embassy Beirut.
Question. When making this decision, did you consult with your
superiors in Foggy Bottom, as required by normal State Department
protocol?
Answer. I believe the safety and security of my personnel is
paramount, and my team and I coordinated with all the relevant
officials, including in Washington.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Elizabeth H. Richard by Senator Todd Young
Question. What is the Administration's current counter-terrorism
strategy in Yemen?
Answer. I understand the Administration's counterterrorism strategy
in Yemen aims to degrade the presence and capabilities of Yemen-based
terrorist groups that pose a threat to the interests of the United
States and our partners in the Gulf region. Al-Qa'ida in the Arabian
Peninsula (AQAP) and ISIS-Yemen continue to exploit the political and
security vacuum in much of Yemen's territory. Counterterrorism
operations, battlefield losses to the Houthis, and internal divisions
have degraded AQAP capabilities in Yemen. The group, however, remains a
significant threat to the region and to the United States. A small ISIS
group also operates in Yemen but poses a lesser threat than AQAP at
this time. Destabilizing actions by the Houthis have undermined the
security of Yemen and our regional partners; terror groups have taken
advantage of this instability. If confirmed, I will work across the
U.S. Government and with foreign partners to utilize all appropriate
tools to counter the activities of terrorist actors in Yemen, including
efforts to build the counterterrorism capabilities of our Yemeni
partners.
Question. If confirmed, what would be your approach to combatting
terrorism in and from Yemen?
Answer. If confirmed, I will continue to actively monitor the full
range of threats emanating from Yemen and work with colleagues across
the U.S. interagency to ensure that the U.S. Government has the
resources and capabilities in the region to address them. If confirmed,
I will utilize all the appropriate counterterrorism tools at our
disposal to degrade the capabilities of terrorist actors operating in
Yemen. This includes using appropriate sanctions tools to apply
pressure on the networks that support the financing of terrorist
activities in Yemen, supporting coordinated action at the United
Nations to demonstrate international resolve against threats to Yemen's
stability, and providing training and assistance to strengthen the
capabilities of civilian counterterrorism partners in Yemen.
Question. How do you view the role of Iran in funding and
facilitating terrorism in Yemen? More broadly, what is your view of the
role of Iran in funding terrorism throughout the Middle East?
Answer. Iran was designated as a State Sponsor of Terrorism in 1984
and continues to support a range of designated terrorist groups with
funding, training, weapons, and equipment. These include Hezbollah;
Hamas; Palestinian Islamic Jihad; Kata'ib Hezbollah and Asa'ib Ahl al-
Haq in Iraq; and Al-Ashtar Brigades and Saraya al-Mukhtar in Bahrain.
In Yemen, Iran continues to exploit the conflict to expand its
influence; Iran has provided weapons and advanced equipment such as
unmanned aircraft systems, training, and other support to the Houthis,
who have engaged in attacks against regional targets. The U.S.
Government has taken a broad range of steps to counter Iran-backed
terrorist activity, including sanctions, and if confirmed, I will
strengthen cooperation with our allies and partners to address the
threats posed by Iran.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Elizabeth H. Richard by Senator Ted Cruz
Question. What percent of U.S. assistance to Lebanon was used for
activities or operations aimed at disarming Hezbollah during your
tenure as ambassador? A rough estimate or a range will be sufficient.
Answer. Our assistance to Lebanon is intended to build a sovereign
Lebanese state that can govern justly and fairly, and that is the sole
defender of the country. As long as Hezbollah maintains its arms and
embraces the use of terrorism, Lebanon cannot succeed. U.S. assistance
to the Lebanese Armed Forces (LAF) and Internal Security Forces (ISF)
is focused on developing these organizations' capabilities and
professionalism. This assistance--including the support provided during
my tenure as Ambassador to Lebanon--increases LAF capacity as the sole
legitimate defender of Lebanon's sovereignty, enables the LAF to
counter violent extremist organizations, bolsters the LAF as an
institutional counterweight to Hezbollah's narrative and desired
influence, and protects U.S. regional security interests. For example,
during the May 2021 conflict between Israel and Gaza-based militants,
when rockets were launched from Lebanon toward Israel, and pro-Hamas
and pro-Hezbollah demonstrators protested along the Blue Line dividing
Lebanon from Israel, the LAF responded rapidly to the rocket launches
and deployed along the boundary to support UNIFIL peacekeepers and
mitigate Lebanon-based threats against Israel and regional stability.
In August 2021, when Hezbollah claimed credit for launching several
rockets from Lebanon toward Israel, the LAF arrested several Hezbollah
suspects and took into its possession a rocket launcher. The suspects
were later released by state authorities.
Question. What percent of U.S. assistance to Lebanon was used for
activities or operations aimed at disrupting Hezbollah military
activities other than through disarming them during your tenure
ambassador, e.g. through roadblocks? A rough estimate or a range will
be sufficient.
Answer. A government that reflects the will of the Lebanese people,
is able to meet their needs, and controls the security institutions
that will defend Lebanon's sovereignty and enforce the law will curtail
Hezbollah's ability to pursue its malign agenda both in Lebanon and in
the region. U.S. assistance to Lebanon is one of the many tools the
Department uses to support the Lebanese people, civil society, and
institutions critical to building a sovereign state responsive to its
people's legitimate needs. U.S. security assistance also supports
partners, such as the Lebanese Armed Forces (LAF) and Internal Security
Forces (ISF), that are critical to stability and security.
This assistance--including the support provided during my tenure as
Ambassador to Lebanon--has helped build up LAF and ISF capabilities. In
recent years, the LAF and ISF have imposed increasing costs on criminal
syndicates, including groups potentially linked to Hezbollah, by
arresting smugglers engaged in the illicit movement of drugs, weapons,
and goods in areas of eastern Lebanon where Hezbollah wields influence.
In October 2021, Hezbollah and Amal party protests devolved into armed
clashes with supporters of the Lebanese Forces party in Beirut. The LAF
deployed to calm sectarian tensions, evacuate civilians, restore order,
and arrest perpetrators.
Question. Please describe the degree to which, in your assessment,
Hezbollah continues to influence or exert control over the Beirut-Rafic
Hariri International Airport or facilities located within the airport.
Answer. The U.S. Government has been and remains concerned about
Hezbollah's influence at ports of entry into Lebanon, including the
airport. During my tenure as Ambassador to Lebanon, Hezbollah was known
to engage in a wide range of illicit business activities in Lebanon,
including abuse of the airport. Under Prime Minister Mikati's current
cabinet, a Hezbollah minister leads the Ministry of Public Works and
Transport.
Question. Please describe the degree to which, in your assessment,
Hezbollah continues to influence or exert control over the Port of
Beirut or facilities located within the port?
Answer. I do not have access to information on the current
situation at the Port. However, I know that the influence Hezbollah
exerts over ports of entry remains of considerable concern and denies
the Lebanese people the benefit of customs revenue, which is
significant given the large budget deficits Lebanon continues to face.
The current Minister of Public Works and Transport was appointed by
Hezbollah to the Cabinet. I understand that to combat Hezbollah's
influence, the U.S. Department of the Treasury's Office of Foreign
Assets Control (OFAC) designated under Executive Order 13224 Hezbollah
security official Wafiq Safa for acting for or on behalf of Hezbollah.
As head of Hezbollah's security apparatus, Safa exploited Lebanon's
ports and border crossings to smuggle contraband, enable Hezbollah
travel, and facilitate the passage of illegal drugs and weapons into
the seaport of Beirut, routing certain shipments to avoid scrutiny.
Question. Did you or any other officials from U.S. Embassy Beirut
convey concerns to the Lebanese Armed Forces or the Lebanese Government
that their level of coordination or cooperation with Hezbollah during
their 2017 Arsal operations risked compromising American support,
including but not limited to security assistance?
Answer. During my time as Ambassador to Lebanon, I regularly met
with the Lebanese Armed Forces (LAF) Commander to emphasize U.S.
expectations for LAF conduct and operations. In 2017, the LAF
demonstrated its counterterrorism capability in Operation ``Dawn of the
Hills,'' when it expelled hundreds of ISIS fighters from northeastern
Lebanon. The LAF is independent of Hezbollah and retains operational
autonomy.
Question. Is the Politico report accurate that your move not to
extend the QRF's deployment was not coordinated with then-Secretary of
State Pompeo?
Answer. The State Department has a process for making decisions on
security. That process was followed. This decision, as with every
security-related decision I have been a part of, was made in close
consultation with security professionals and other relevant officials
in the Embassy and between Embassy officials and relevant offices in
Washington. I cannot speak to the internal coordination in Washington.
Question. Is the Politico report accurate that your move not to
extend the QRF's deployment was not coordinated with then-Under
Secretary of State David Hale?
Answer. The State Department has a process for making decisions on
security. That process was followed. This decision, as with every
security-related decision I have been a part of, was made in close
consultation with security professionals and other relevant officials
in the Embassy and between Embassy officials and relevant offices in
Washington. I cannot speak to the internal coordination in Washington.
Question. Did you, in official or unofficial capacities, argue that
keeping the force in country might increase the threat posed by
Hezbollah? If so, please elaborate on why you believed the extending
the QRF on Lebanese soil would increase the threat posed by Hezbollah.
Answer. This decision was informed by input from knowledgeable
officials. We reached this decision based on the best interests and
security of all U.S. personnel at Embassy Beirut.
The Amer Fakhoury Case
Question. The Lebanese Government's unjust detention of American
citizen Amer Fakhoury marked a particularly troubling recent incident
in U.S.-Lebanese relations. According to the Amer Fakhoury Foundation,
he ``was a U.S Citizen who was kidnapped by the Hezbollah-backed
Lebanese Government on September 12th, 2019, while on a family vacation
in Beirut, Lebanon. He was abused, tortured, and forced to sign false
documents which were then used to illegally detain him for 7 months.
After tremendous pressure from the U.S Government, the Lebanese
Government admitted to the illegal arrest of Amer Fakhoury.''
Several dynamics related to this incident are entangled with
counterterrorism challenges faced globally, including the complicity of
state institutions in terrorist activities and the use of hostage-
taking as a tool of coercion.
To what extent did you assess at the time that the Lebanese
Government was acting under the influence of Hezbollah?
Answer. Although designated as a Foreign Terrorist Organization and
Specially Designated Global Terrorist by the United States, Hezbollah
has acted as a political party in Lebanon since 1992. Since then, it
has exercised both its formal political influence as well as informal
influence, through its well-known maintenance of an active militia and
terrorist apparatus. At the time when Mr. Fakhoury was detained in
September 2019, Hezbollah controlled 12 out of 128 seats in Parliament
and three ministerial positions. The structure of the Lebanese state
essentially ensures that no party is able to gain a majority, which
means that every party will be able to exert some influence, though no
party can exert complete control. Hezbollah Secretary General Hassan
Nasrallah said publicly the group did not believe Mr. Fakhoury should
have been released. The fact that he was released speaks to the
Government's ability to make decisions that Hezbollah does not support.
Question. To what extent did U.S. Embassy Beirut assess at the time
that the Lebanese Government was acting under the influence of
Hezbollah?
Answer. The structure of the Lebanese state essentially ensures
that no party is able to gain a majority, which means that every party
will be able to exert some influence, though no party can exert
complete control. Hezbollah Secretary General Hassan Nasrallah said
publicly the group did not believe Mr. Fakhoury should have been
released. The fact that he was released speaks to the Government's
ability to make decisions that Hezbollah does not support.
Question. At what point, if any, did you conclude that the Lebanese
Government's detention of Fakhoury constituted an unjust detention?
Answer. During my tenure as Ambassador to Lebanon, the Levinson
Act--which includes a requirement that the Secretary of State review
U.S. national detentions for wrongfulness--was not yet in effect.
However, as Ambassador, any detained American was always a top concern
for me and the entire embassy team, and in this case, I worked closely
with Mr. Fakhoury's legal team, my colleagues in Washington, and
advocates in Congress to press for his expeditious release. In fact, in
my last meeting with President Aoun, I raised only one substantive
issue: Mr. Fakhoury's continuing imprisonment. I was pleased to see him
released and reunited with his family just weeks later.
Question. At what point, if any, did U.S. Embassy Beirut conclude
that the Lebanese Government's detention of Fakhoury constituted an
unjust detention?
Answer. My assessment of the situation was developed in conjunction
with and informed by the full country team at Embassy Beirut. I would
refer you to my previous answer.
Question. To what extent do you assess that the Lebanese Government
was holding Fakhoury with the expectation of releasing him in exchange
for a Lebanese person or persons held by the United States, i.e., a
ransom?
Answer. During my tenure, the Lebanese Government, of which
Hezbollah was a part, never formally sought to exchange Mr. Fakhoury
for any person held by the United States.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Alexander Mark Laskaris by Senator Robert Menendez
Question. How much democracy and governance funding have we
provided to Chad over the past five fiscal years, and what types of
programs and activities has that funding supported? Are there security
assistance programs still underway in Chad? What are they?
Answer. I understand that since Fiscal Year 2017, the State
Department has allocated a total of $8.5 million in Democracy, Human
Rights, and Governance assistance for Chad. Specifically, I understand
that the State Department has typically provided approximately $500,000
annually to support democracy and governance programming in Chad since
FY 2016 through the Africa Regional Democracy Fund (ARDF). Some
examples of current and previous programming include national and local
civic education, training traditional leaders to promote good
governance and increase engagement in public policy development and
strengthening the National Assembly's institutional and operational
capacity. Additionally, USAID supports civil society strengthening
through activities that increase engagement of women and youth during
the current transition period. This four-year project was approved for
$8.5 million and recently received complementary funding of $3,025,000
specifically for transition activities.
If confirmed, I would welcome a conversation with you and your
appropriations colleagues on expanding this support and agree with you
that our democracy and governance activities have been underfunded in
Chad. This democracy and governance funding is in addition to the tens
of millions of dollars the United States provides in humanitarian
assistance, especially food aid, and providing COVID-19-related
assistance.
U.S. military assistance to Chad is intended to increase
counterterrorism capabilities, improve the general professionalization
of the military, and increase Chad's peacekeeping capabilities. I
understand that you have placed a hold on various security assistance
funds and that only military assistance that was notified and obligated
prior to your holds has continued. Of those programs that remain
ongoing Peacekeeping Operations (PKO) funded support provides
sustainment for existing PKO-funded equipment, embedded advisors within
various branches of the Chadian armed forces, construction of a medical
facility, and counter-IED training. The PKO-funded Security
Professionalization Program is also ongoing. In addition, there are
previously obligated Foreign Military Financing funded programs that
support C-208 and C-130 related training and sustainment, vehicle
sustainment, and small boat training and sustainment. There are also
several International Military Education Training (IMET) students
currently in the United States finishing courses that were funded prior
to these holds. Our assistance enables us to support the Chadian
military to conduct much needed security and counterterrorism efforts
across the Sahel and Lake Chad regions, while also supporting greater
professionalization of the Chadian military in areas such as human
resources management, logistics and sustainment, and increased respect
for human rights. I understand the State Department has routinely
engaged your office about the importance of this assistance and, if
confirmed, I look forward to discussing further.
Question. Has the United States publicly supported the African
Union's call for Chad's transitional leaders to (1) abide by the
transitional timeline and (2) refrain from running as candidates in the
elections they are responsible for organizing? If confirmed, will you
commit to calling for these things publicly? What other concrete steps
will you take to support a democratic transition in Chad, if confirmed?
Answer. Yes, the United States publicly supported the African
Union's call for Chad's transitional leaders to (1) abide by the
transitional timeline and (2) refrain from running as candidates in the
elections they are responsible for organizing. The Assistant Secretary
for African Affairs issued a public statement on March 22, 2022, during
her visit to N'Djamena expressing support for an 18-month transition as
well as for the African Union's May 2021 call for CMT members to
abstain from taking part in national elections. If confirmed, I would
publicly and privately urge the Chadian transitional government to
signal genuine commitment to the political transition by reaching a
thorough and swift resolution to politico-military negotiations in
Doha, leading to an inclusive national dialogue in Chad, followed by a
constitutional referendum and free and fair elections. ansitional
Military Council President Mahamat Deby has previously publicly stated
his intentions not to stand for election. confirmed, I would continue
to encourage the Transitional Military Council to amend the
transitional charter to commit that none of its members will be
eligible to stand for election, as called for in the May 2021 African
Union communique.
Question. I am very concerned about directed energy attacks on U.S.
Government personnel (so-called Anomalous Health Incidents). Ensuring
the safety and security of our personnel abroad falls largely on
individual Chiefs of Mission and the response of officers at post. It
is imperative that any individual who reports a suspected incident be
responded to promptly, equitably, and compassionately
Do you agree these incidents must be taken seriously, and pose a
threat to the health of U.S. personnel?
Answer. Yes, I do.
Question. If confirmed, do you commit to ensuring that any reported
incident is treated seriously and reported quickly through the
appropriate channels, and that any affected individuals receive prompt
access to medical care?
Answer. Yes, I do.
Question. Do you commit to meeting with medical staff and the RSO
at post to discuss any past reported incidents and ensure that all
protocols are being followed?
Answer. Yes, I do.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Alexander Mark Laskaris by Senator James E. Risch
Question. Do you consider the transition of power that occurred
following the death of President Idriss Deby constitutes a coup d'etat?
If not, why? If yes, why hasn't the United States Government called the
2021 transition in Chad a coup?
Answer. My understanding is that the Department carefully reviewed
the events in Chad and concluded that the military coup restriction in
section 7008 of the annual appropriations act had not been triggered
with respect to Chad. I understand that the Department assessed that
then-President Idriss Deby was not duly elected as the head of
government of Chad as per section 7008, nor were his designated
constitutional successors in the National Assembly. Separately, the
African Union carefully examined the events in Chad and determined that
the actions that lead to the formation of a Transitional Military
Council taking power in the aftermath of the battlefield death of the
former president was not a coup d'etat. The African Union continues to
monitor the situation and support Chad's transition.
Question. What are the realistic and essential benchmarks for the
Chadian military junta as the country works toward achieving the
``inclusive, peaceful, and timely transition to a democratic and
civilian-led government'' you cite in your testimony?
Answer. If confirmed, I would urge the Chadian transitional
government to signal genuine commitment to the political transition by
reaching a thorough and swift resolution to politico-military
negotiations in Doha, leading to an inclusive national dialogue in
Chad, followed by a constitutional referendum and free and fair
elections. Transitional Military Council President Mahamat Deby has
previously publicly stated his intentions not to stand for election. If
confirmed, I would continue to encourage the Transitional Military
Council to amend the transitional charter to commit that none of its
members will be eligible to stand for election, as called for in the
May 2021 African Union communique. While it is critical to maintain
momentum in the transition, there needs to be a balance between rigidly
adhering to the original timeline and ensuring a credible process with
quality results that meet the needs of the Chadian people and will help
guarantee a genuinely inclusive transition to a democratically elected
civilian-led government.
Question. How can the U.S. integrate our security interests
regarding Chad, to include our security assistance opportunities and
needs, with our interest in Chadians seeing a citizen-led government
and developing democracy?
Answer. If confirmed, I will endeavor to support Chad across
defense, development, and diplomacy activities. I understand that the
State Department, including during the Assistant Secretary for African
Affairs visit to N'Djamena, has communicated to the Chadian
transitional government that our security assistance and cooperation
rests on seeing a firm commitment to a transparent process for free and
fair elections and a transition to a democratically elected government.
If confirmed, I would welcome a conversation with you and your
appropriations colleagues on expanding our democracy and governance
support to Chad. The United States remains a credible and attractive
peace and security cooperation partner to Chad, engaging a wide variety
of Chadian political, military, and civil society actors to promote
peace, democracy, and governance reforms. American military expertise
and collaboration constitute a positive incentive to secure democratic
and governance reforms. My understanding is the training provided
through our security assistance emphasizes the Geneva convention and
human rights. This will help the military adjust to civilian rule after
a successful transition.
Chadian units serve in the U.N. Multidimensional Integrated
Stabilization Mission in Mali (MINUSMA), and U.S. support has been
critical to their deployment. If confirmed, I will give weight to the
views of my counterparts in Mali and the U.S. Mission to the U.N., if
they believe that the presence of the two Chadian battalions is
critical to the mission, I will urge support for continued capacity-
building programs. Chad's military is a major player in the fight
against violent extremism in the Sahel. In 2021, Chad deployed
approximately 1,050 soldiers to the Liptako-Gourma region of Burkina
Faso, Mali, and Niger as part of the G5 Sahel Joint Force and continues
to support G5 Sahel Joint Force operations across the Sahel. Chadians
also participate in the Multinational Joint Task Force (MNJTF)
operations against Boko Haram and ISIS-West Africa in the Lake Chad
Basin.
Question. France remains an important and dominant factor in U.S.
interests in Chad. In your view, where do U.S. interests in Chad
converge with France?
Answer. In my view, the United States and France share interest in
seeing concrete and consistent progress toward long-term stability in
Chad and in the region, and civilian-led and democratically elected
government and increased economic opportunity is the best path to long-
term stability. The United States also shares France's interest in
seeing Chad remain an exporter of regional security, as the situation
in the Sahel would undoubtedly worsen if Chadian forces withdrew. I
understand that U.S. Embassy N'Djamena has coordinated with France and
other likeminded partners on joint public messaging to emphasize the
importance of a peaceful, inclusive, democratic transition. If
confirmed, I hope to continue this coordination.
Question. Where do U.S. interests in Chad diverge from France?
Answer. Chad is a critical security partner for France, and a
longtime center of gravity for the French military in West/Central
Africa. France has in the past intervened in Chad's leadership contests
and believes that security in the Sahel has a direct impact on the
French homeland. If confirmed, I will coordinate with France and other
likeminded partners to align messaging and diplomatic engagement in
urging the Chadian transitional government to pursue a peaceful
transition to civilian rule in Chad, for a stable country that benefits
the Chadian people and wider Sahel region.
Question. The U.S. mission in Chad is relatively small, and its
remoteness at times commands significantly less attention from
Washington than many of its close neighbors, including Sudan and
Ethiopia.
As Chief of Mission, if confirmed, how will you operate in such a
post to manage the staff and lead U.S. policy on the ground?
Answer. Embassy N'Djamena is a strong team in a tough environment.
Having led this team and other small missions in the past, I am
cognizant of the particular challenges such missions face regarding
resources and workload. If confirmed, I will lead regular discussions
with all agencies to establish and review goals and develop strategies
and tactics to achieve common objectives. If confirmed, I will engage
all employees and stakeholders to conceive and articulate clearly what
we will do, how we will do it despite our size and resource
limitations, and why it matters--to Chadians, Americans, and global
citizens alike. As appropriate and necessary, if confirmed, I will work
with the Department to identify resource gaps and seek ways to address
those when possible. If confirmed, I will also create a culture of
inclusion in which all employees' contributions are valued.
Question. How will you work with your colleagues at Main State to
increase the attractiveness of Chad as a post for recruitment?
Answer. For an Africanist like me, Chad is a fascinating and
enticing assignment; the country has a rich history of 1,000 years of
recorded history, a mosaic of peoples, cultures, languages, and
religions, and a geography encompassing the worlds of the desert, the
savannah, and the forest in an area three times the size of California.
This is also, in my view, an exciting time to be working on African
affairs. The trend lines are clear that the African continent will play
a major role in the direction of our highest priorities, and we have a
chance now to work with African partners to influence the direction of
that role. We are launching important initiatives to benefit the people
of Africa and continuing to work toward democracy, transparency, and
good governance. If confirmed, I would work with my colleagues at Main
State to highlight the significance of a posting to N'Djamena for our
relationship with Chad during a pivotal time in its history, the
increasing importance of Africa in U.S. foreign policy, and our global
strategic goals.
One challenge to staffing our embassy in N'Djamena is the lack of
an American-standard, English-medium school. A post without at least a
viable elementary school has a hard time attracting bidders. If
confirmed, I hope to begin a long-term process of getting a new school
up and running; that will take the work of more than one chief of
mission, but it is critically important.
Question. Can you provide your view on supporting U.S. funded,
independent international election observation missions?
Answer. I think there is significant value in the United States
supporting independent international election observations, especially
in nascent democracies or regions experiencing democratic backsliding,
like in the Sahel. If confirmed, I would welcome a conversation with
you and your appropriations colleagues on expanding our democracy and
governance support to Chad.
Question. Would you be supportive of a U.S.-funded independent
international election observation mission for Chad's next elections,
whenever that may be?
Answer. If confirmed, I will consult with the Chadian transitional
government, international partners, nongovernmental organizations, and
civil society to understand conditions on the ground in Chad in the
lead up to presidential and legislative elections to determine options
for the holding of elections that are genuinely free and fair. Domestic
and international observation on election day is an important tool, but
the critical decisions that impact the quality of the process happen
well before voters head to the polls. Indigenous civil society has a
critical role to play throughout the process and if confirmed, I hope
to be able to support a robust civil society involvement in all aspects
of the electoral process.
Question. If confirmed, what would be your approach to using the
U.S.'s tools to hold Chadian officials accountable for corrupt
behavior?
Answer. If confirmed, I will support U.S. Government programs and
consider leveraging visa restrictions and sanctions to promote
accountability and strengthen democratic institutions, promote good
governance and transparency, and combat corruption in Chad. If
confirmed, I will advocate for increased development assistance to help
Chad develop a stronger economy and meet the health and education needs
of the population, provided that we have partners who share our vision
of good governance and service delivery. I understand that we are also
working to mitigate civilian harm by Chadian military forces to
encourage a greater focus on accountability and protecting civilians
during operations.
Question. What is your view on political dynasties and long-serving
rulers who, like in the case of Chad, manipulate constitutional and
electoral processes to give the facade of democratic legitimacy?
Answer. Chadians have never experienced a democratic transfer of
power. As I outlined in my opening statement, Chad has had six
presidents in the last 62 years, none of the incumbents left power
voluntarily, and none of their successors assumed power via
constitutional processes. In its modern history, Chad has been governed
by and for narrow regional and ethno-linguistic interests. It has also
been governed more by the force of arms than by the force of law. Chad
is also one of the poorest countries in the world, ranking 187th out of
189 countries in the U.N.'s Human Development Index. It has some of the
highest rates of maternal and infant mortality in the world, and some
of the lowest incomes, life expectancies, and literacy rates. Questions
of legitimacy of state authority can lead to fragility, insecurity, and
development challenges. The current transition period offers a unique
opportunity for Chad to reform itself, for the Chadian people to
reconcile their differences and move to a more democratic system that
will open the way for the social, economic, and political development
so desperately needed.
Question. U.S. diplomats must get outside of posts abroad to meet
with local actors, including host government officials, non-government
organizations, and everyday citizens. While conditions in Chad may be
challenging, equally challenging is conducting diplomacy exclusively
from within the Embassy compound or the capital city.
In your experience, do U.S. diplomats get outside of our embassy
walls enough to accomplish their missions fully?
Answer. The most effective U.S. diplomats are those who actively
engage broadly with people throughout all parts of society in the
country to which they are assigned. I understand U.S. diplomats
throughout the mission safely completed multiple trips out of N'Djamena
in the last six months, including to the far north and Lake Chad--
places U.S. diplomats had not visited in years. These visits have
enriched our public diplomacy narratives, bolstered our reporting, and
enlightened our efforts to craft a more effective strategy to support
Chad's democratic transition. If confirmed, I will continue to promote
such important travel. In my previous assignments, I have similarly
sought opportunities for the U.S. Embassy team to experience life and
outreach outside embassy walls and outside of capital cities.
Question. How do you intend to improve the ability of U.S.
diplomats to access all local populations?
Answer. If confirmed and as health and safety conditions permit, I
will encourage U.S. diplomats to engage actively, broadly and in-person
with local populations in and outside N'Djamena. If confirmed, I will
encourage active engagement through social and virtual media to
supplement this outreach. If confirmed, I intend to regularly visit
people throughout Chad and use those visits to facilitate contacts for
the rest of my team.
Question. In November 2020, I published a Senate Foreign Relations
Committee majority report entitled ``The United States and Europe: A
Concrete Agenda for Transatlantic Cooperation on China.'' The report
gave several recommendations for increased transatlantic cooperation,
including on Africa, to counter malign Chinese influence more
effectively.
In what ways should the United States partner with European
countries to build on likeminded interests in Chad and counter
the influence of China and other malign actors?
Answer. I am concerned about the PRC's influence across the African
continent. If confirmed, I would continue to work with European and
other likeminded nations and the Chadian transitional government to
strengthen Chad's resilience to external influence and highlight the
advantages of cooperation with U.S., European, and likeminded countries
on areas of common strategic interest including in the economic and
security realms. This may at times include speaking up against the
PRC's malign actions and attempts to undermine the international rules-
based system and/or advocating for Chadian support of U.S. positions in
the U.N. system.
Question. Many U.S. missions have been under enormous stress over
the last few years, in large part due to COVID.
What is your understanding of morale throughout Mission N'Djamena?
Answer. U.S. Embassy N'Djamena is a strong team in a tough
environment. Periods of transition in Embassy leadership can be
particularly challenging, and this mission has not seen a confirmed
ambassador since 2018. N'Djamena is a challenging and historically
difficult post to staff. Staff members face security threats, physical
and mental health hazards, isolation, and loneliness. Embassy staff,
including locally employed staff, have shown great resilience and
dedication to duty despite COVID-19's toll. Infrastructural challenges
like telecommunications are very real, for both U.S. and local
personnel. Travel times to/from the United States also have the
potential to affect our staff's well-being. I understand Embassy
N'Djamena prioritizes Embassy morale through tools such as a community
liaison office, town halls, and social events for staff to connect with
leadership. I understand the new Community Liaison Officer is
implementing a robust menu of social activities to appeal to our entire
staff--both American and local.
Question. How do you intend to improve morale at Mission N'Djamena?
Answer. If confirmed, the safety and security of the Embassy
community will be of primary importance. I will seek to support
American employees and their families to create an inclusive and
welcoming culture where individuals are safe and can achieve
professional and personal goals. The welfare of our local Chadian and
third-country staff members is also of great importance to me, and I
commit to meeting regularly with the local staff committee in a spirit
of open and constructive dialogue. If confirmed, I will work to ensure
that employees and families have safe and acceptable housing, and that
embassy services for employees are efficiently delivered to maintain
quality of life. In a high-threat environment such as N'Djamena, if
confirmed, I will devote extra attention to assuring the physical
safety of employees and family members. In addition, if confirmed, I
will clearly communicate the nature of the embassy's mission and
strategic direction so that employees and family members understand how
their work and presence in such an isolated and difficult place serves
the national security interests of the United States.
Question. How do you intend to create a unified mission and vision
at Mission N'Djamena?
Answer. Having led small missions in the past, I am cognizant of
the particular challenges such missions face regarding resources and
workload. If confirmed, I will lead regular discussions with all
Mission agencies to establish and review goals and develop strategies
and tactics to achieve common objectives. If confirmed, I will engage
all employees and stakeholders to conceive and articulate clearly what
we will do, and how we will do it despite our size and resource
limitations. As appropriate and necessary, I will work with the
Department to identify resource gaps and seek ways to address those
when possible. If confirmed, I will also create a culture of inclusion
in which all employees' contributions are valued.
Question. Management is a key responsibility for Chiefs of Mission.
How would you describe your management style?
Answer. I aspire to create a leadership culture in which all are
encouraged to contribute, create, and grow. If confirmed, I would like
to create the ideal workplace in which people achieve shared objectives
while respecting and valuing everyone's contributions. This requires
from leadership and employees a recognition of individuals' strengths
and areas of development, and a respect for shared values, inclusion,
and our institutions.
Question. Do you believe it is ever acceptable or constructive to
berate subordinates, either in public or private?
Answer. I do not believe there is an acceptable place for
`berating' subordinates, either in public or in private.
Question. How do you envision your leadership relationship with
your Deputy Chief of Mission?
Answer. If confirmed, I expect to collaborate closely with the
Deputy Chief of Mission to conceive goals, then implement and oversee
tactics and activities to achieve those goals. If confirmed, I will
work with the Deputy Chief of Mission to articulate and maintain high
ethical standards and create a culture of inclusion and respect. I
believe Deputy Chiefs of Mission are most effective, productive, and
valued when they are permitted to work with independence, while
understanding that the chief of mission is ultimately responsible in
all ways for the work of the Mission.
Question. If confirmed, what leadership responsibilities do you
intend to entrust to your Deputy Chief of Mission?
Answer. If confirmed, I will ask the Deputy Chief of Mission to
lead our mission-wide efforts to train, develop, and empower our small
but dedicated staff to serve effectively in a challenging environment
while promoting U.S. interests. I will also ask the Deputy Chief of
Mission to lead recruitment efforts for our Foreign Service positions
and work with other agencies to ensure that their personnel feel fully
integrated into Embassy N'Djamena's policy formulation and
implementation.
If confirmed, I will collaborate closely with the Deputy Chief of
Mission on policy implementation, engagement with the Chadian
transitional government, and outreach to key groups, like civil society
and youth, through traditional and social media. The Deputy Chief of
Mission at any mission must be able to stand in for the ambassador as
needed and potentially on short notice; if confirmed, I will ensure
that my Deputy Chief of Mission has the knowledge, skills, and
awareness to stand in for me with confidence.
Question. In order to create and continue employee excellence at
the Department, accurate and direct employee evaluation reports (EERs)
for foreign service officers are imperative, though often lacking.
Do you believe that it is important to provide employees with
accurate, constructive feedback on their performances in order to
encourage improvement and reward those who most succeeded in their
roles?
Answer. Yes, I do.
Question. If confirmed, would you support and encourage clear,
accurate, and direct feedback to employees in order to improve
performance and reward high achievers?
Answer. Yes.
Question. It is imperative that U.S. diplomats get outside of posts
abroad to meet with local actors, including host government officials,
non-government organizations, and fellow foreign diplomats stationed in
Chad.
In your opinion, do U.S. diplomats get outside of our embassy walls
enough to accomplish fully their missions?
Answer. The most effective U.S. diplomats are those who actively
engage broadly with people throughout all parts of society in the
country to which they are assigned. Embassy N'Djamena has actively left
the capital to engage civil society, local government, media, and
members of the international community throughout the country. In my
previous assignments, I have similarly sought opportunities for the
U.S. Embassy team to experience life and outreach outside embassy
walls. Travel within Chad is difficult and time-consuming, but it is
also critical to our work as diplomats. Chad is three times the size of
California and has very few paved roads; if confirmed, we are going to
put hard miles on our vehicles and our bodies, but we will be a
presence outside of N'Djamena.
Question. How do you intend to improve the ability of U.S.
diplomats to better access all local populations?
Answer. If confirmed and as health and safety conditions permit, I
will encourage U.S. diplomats to engage actively, broadly and in-person
with local populations in and outside N'Djamena. If confirmed, I will
encourage active engagement through social and virtual media to
supplement this outreach. If confirmed, I intend to regularly visit
people throughout Chad and use those visits to facilitate contacts for
the rest of my team.
Question. Public diplomacy is an important aspect of U.S. foreign
policy efforts.
What is the public diplomacy environment like in Chad?
Answer. The Chadian public is receptive to both U.S. Government
programs and messaging on our policy priorities. Chad's demographics
pose a range of challenges and opportunities for U.S. public diplomacy
engagement: 65 percent of the population is under 25 years of age; the
median age is 16.8 years; but reaching this dynamic population can
prove difficult for our small mission. For example, as the transition
in Chad gains momentum, we have at times found our ability to fully
engage constrained by the lack of consistent staffing in our public
diplomacy section. We currently have a temporary duty Public Affairs
Officer and do not have a full-time, U.S. direct hire employee arriving
until Summer 2023 to help fill this gap. As is the case in many public
diplomacy sections across Africa, inadequate and inconsistent staffing
inhibits broader public diplomacy efforts. Nonetheless, I am fully
committed to proactive recruitment for this and other important
positions at Mission N'Djamena.
Question. What public diplomacy challenges do U.S. diplomats face
there?
Answer. Chad's population is overwhelmingly young, which means most
people are in their primary or secondary school years. Many young
people either do not have access to quality education or must leave
school because of economic hardship. This difficult educational
landscape also impacts the acquisition of English. While these are
public diplomacy challenges--bolstering education and English
acquisition--they are also opportunities for us to gear our efforts to
these necessary endeavors, that will attract a new, large generation to
our standard.
Question. How do you balance the importance of Main State versus
the in-country mission when it comes to tailoring public diplomacy
messages for foreign audiences?
Answer. If confirmed, I will work closely with Main State and
respect the interagency process on policy formation. Our public
diplomacy messaging will reflect this in amplifying messaging on the
political transition.
Question. ``Anomalous health incidents,'' commonly referred to as
``Havana Syndrome,'' have been debilitating and sidelining U.S.
diplomats around the world for years. They have caused serious,
negative consequences for U.S. diplomacy, yet many believe that the
Department is not doing enough to care for, protect, and communicate to
its personnel. The past occurrences and ongoing threat of anomalous
health incidents among embassy personnel and their families poses a
serious challenge to morale. When personnel at post fear for their
safety or doubt that their case will be taken seriously if they were
affected, the performance of embassy operations can suffer.
If confirmed, do you commit to taking this threat seriously?
Answer. Yes, I do.
Question. If confirmed, do you commit to talking as openly as you
can to Mission N'Djamena personnel?
Answer. Yes, I commit to transparent communication with Mission
N'Djamena personnel as it relates to anomalous health incidents and any
other matters that would have an impact on the health and safety of
Mission N'Djamena personnel and their families.
Question. Have you received a briefing on the anomalous health
incidents that have occurred to U.S. Government personnel around the
world, including at U.S. embassies and other diplomatic posts? If you
have not, and if you are confirmed, do you commit to receiving a
briefing on the incidents before you depart for your post?
Answer. I have received a briefing on the anomalous health
incidents that have occurred to U.S. Government personnel around the
world.
Question. In the event of an anomalous health incident among your
embassy personnel or eligible family members, do you commit to maintain
detailed records of the incident, and share the information with the
State Department and other embassies to contribute to the investigation
of how these attacks are affecting U.S. missions and personnel around
the world?
Answer. Yes, I do.
Question. Whether or not anomalous health incidents occur at your
embassy, how will you work to restore and preserve morale that may be
lost due to the knowledge these attacks have been occurring at posts
around the world?
Answer. If confirmed, I will pay close and continued attention to
the welfare and morale of embassy staff and identify opportunities to
prioritize Embassy morale through tools such as regular town halls or
social events for community members and their families.
__________
Responses to Additional Questions for the Record Submitted
to Hon. Alexander Mark Laskaris by Senator Todd Young
Question. How do you view recent developments in Chad in regard to
democracy and a restoration of constitutional order?
Answer. In the aftermath of then-President Idriss Deby's death in
April 2021, the United States called for a peaceful, timely transition
of power to a democratically elected and civilian-led government. If
confirmed, I will continue to stand with the people of Chad in
advocating for a democratic and representative government as the best
path to long-term peace and prosperity in the country, as well as the
region. If confirmed, I will encourage the Transitional Military
Council to hold an inclusive national dialogue as soon as feasible,
followed by a constitutional referendum and free and fair elections.
If confirmed, I will continue our coordination with like-minded
embassies in Chad to stand with the Chadian people and support the
transition. Since April 2021 when then-President Idriss Deby was killed
by rebel forces, both the Government of Chad and the rebel groups have
respected the cease fire. As it has now been over a year, the longest
time Chad has known without internal armed conflict, this should be
seen as a demonstration of the will of all--the Chadian people, the
military leaders, the transitional government leaders, and the rebel
leaders--to bring peace and reconciliation to the country through an
inclusive National Dialogue and elections. If successful, these
elections would mark the first time there has been a peaceful
transition of power since independence.
If confirmed, I would welcome a conversation with you and your
appropriations colleagues on expanding our democracy and governance
support, as I believe these activities have been underfunded in Chad.
Question. Is it time to call the ``military transition government''
what it was, namely a coup? If not, how is the situation in Chad not a
coup?
Answer. My understanding is that the Department carefully reviewed
the events in Chad and concluded that the military coup restriction in
section 7008 of the annual appropriations act had not been triggered
with respect to Chad. I understand that the Department assessed that
then-President Idriss Deby was not duly elected as the head of
government of Chad, nor were his designated constitutional successors
in the National Assembly. Separately, the African Union carefully
examined the events in Chad and determined that the actions that lead
to the formation of a Transitional Military Council taking power in the
aftermath of the battlefield death of the former president was not a
coup d'etat. The African Union continues to monitor the situation and
support Chad's transition.
Question. What should be the consequences if Chad fails to hold
elections by October 2022 as the Administration has publicly called
for?
Answer. If confirmed, I will continue the Administration's pressure
on the Transitional Military Council to adhere to a peaceful, timely
transition process leading to free and fair elections, resulting in a
democratically elected and civilian-led government. If this happens, it
would mark the first time since independence that Chad will experience
a peaceful transition of power. It is important that we continue to see
progress in the steps that will lead to elections, but it is equally
important that these are done well and not rushed to ensure that there
is a genuinely inclusive transition and movement toward democracy in
Chad. Absent consistent and concrete progress on this transition
timeline over the next few months, if confirmed, my Embassy N'Djamena
team and I would explore options within the interagency to strengthen
democratic institutions and promote good governance in Chad while
holding accountable those responsible for delays or efforts to
undermine democracy. If confirmed, I would welcome a conversation with
you and your appropriations colleagues on expanding our democracy and
governance support to Chad.
__________
Correspondence Supporting the Nomination of Hon. Elizabeth Richard to
be Coordinator for Counterterrorism
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Correspondence Supporting the Nomination of Hon. Elizabeth Richard to
be Coordinator for Counterterrorism--continuing
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Correspondence Supporting the Nomination of Hon. Elizabeth Richard to
be Coordinator for Counterterrorism--(continuing)
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Correspondence Supporting the Nomination of Hon. Elizabeth Richard to
be Coordinator for Counterterrorism--(continuing)
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
NOMINATIONS
----------
WEDNESDAY, MAY 18, 2022
U.S. Senate,
Committee on Foreign Relations,
Washington, DC.
The committee met, pursuant to notice, at 10:01 a.m., in
Room SD-419, Dirksen Senate Office Building, Hon. Tim Kaine
presiding.
Present: Senators Kaine [presiding], Menendez, Cardin,
Shaheen, Murphy, Markey, Schatz, Portman, and Hagerty.
OPENING STATEMENT OF HON. TIM KAINE,
U.S. SENATOR FROM VIRGINIA
Senator Kaine. Good morning. This hearing of the Senate
Foreign Relations Committee will come to order.
We are here to consider four important nominees for
critical positions: Elizabeth Bagley to be Ambassador to
Brazil, Mari Aponte to be Ambassador to Panama, Dr. Frank Mora
to be Permanent Representative to the Organization of American
States, and Michelle Kwan to be Ambassador to Belize.
I want to congratulate each of the four of you on these
nominations. Thanks for your willingness to serve. Thanks to
family and friends who will also bear the burdens of service.
My distinguished colleague, Senator Markey, will introduce
Ambassador Bagley. He is a member of this committee and is not
here yet, and so I think what I will do is I will introduce the
other three members of the panel and cross my fingers that just
as I finish Senator Markey will walk in the door.
Senator--so we will begin with Mari Carmen Aponte. She is a
former ambassador to El Salvador and the Acting Assistant
Secretary of State for Western Hemisphere Affairs. She served
on the board of directors of Oriental Financial Group in San
Juan, Puerto Rico, and as executive director of the Puerto Rico
Federal Affairs Administration at the Commonwealth Federal
Agency in Washington D.C. Welcome, Ambassador Aponte.
She currently works as a consultant in Washington, D.C.,
has previously worked as a consultant and also a law
practitioner in both New York and Washington. She earned a BA
at Rosemont College in Pennsylvania, a master's degree at
Villanova University, and a JD at Temple University Law School.
Welcome.
Dr. Francisco Mora is the professor of politics and
international relations, and a senior researcher at the Jack D.
Gordon Institute for Public Policy at Florida International
University.
Earlier in his career, he was the director of the Kimberly
Green Latin American and Caribbean Center and FIU's U.S. Green
School of International and Public Affairs.
Dr. Mora served as Deputy Assistant Secretary for Defense
for the Western Hemisphere. He has held several teaching
positions, including professor of national security strategy
and Latin American studies at the National War College.
At the National Defense University he earned his BA in
international affairs, at George Washington an MA in inter-
American studies, and Ph.D. in international affairs from the
University of Miami. Welcome.
Michelle Kwan has had a distinguished career in public
service, diplomacy, and sports. She is the most decorated
figure skater in U.S. history, having won 43 championships,
including five world championships, nine national titles, and
two Olympic medals.
In addition to that successful career, Ms. Kwan has
excelled in foreign affairs. She became the first public
diplomacy envoy in 2006, and for a decade travelled extensively
on behalf of the Department of State to engage youth around the
world on social and educational issues.
She earned a BA from the University of Denver with a focus
on international relations, an MA from Tufts University's
Fletcher School of Law and Diplomacy, and then became a senior
advisor at the Bureau of Educational and Cultural Affairs at
the U.S. Department of State.
Senator Markey is not yet here. I think what I will do,
Senator Portman, is I will go ahead and provide my opening
remarks and have you provide your opening remarks, and we hope
at the last sentence of your opening remarks Senator Markey
will walk in the room ready to do introduction, and then we
will turn to the witnesses for their opening statements.
I now turn to my ranking member for the day, Senator
Portman.
Senator Portman. Great. Thank you very much.
Senator Kaine. Actually, let me make my opening remarks
first. How about that?
Senator Portman. Andele.
[Laughter.]
Senator Kaine. Andele. Andele, as he said.
Senator Portman. We decided to speak in three languages
simultaneously.
Senator Kaine. Yeah. We are going to speak in Portuguese,
Spanish, and English today because of the nations that you are
here to serve.
Senator Portman. Yes.
Senator Kaine. Congratulations on all the nominations.
Representing the U.S. and the American people abroad is an
honor and a privilege. I know you know that from your previous
experience serving the American people, and with your
impressive professional backgrounds you will serve with
distinction.
I am pleased to chair this nomination for four very
critical nations in the Western Hemisphere: Brazil, Panama,
Belize, and not a nation but an organization, the Organization
of American States.
The hearing is timely. In fact it could not be more timely.
We approach the ninth Summit of the Americas next month in Los
Angeles. The U.S. will host it for the first time in more than
30 years, and we confront a wide range of challenges but also
opportunities in the Western Hemisphere.
Having our best team in the field is critical to advancing
U.S. interests with our neighbors. Brazil is Latin America's
largest country with over 212 million people and will hold
presidential elections this November.
Having an ambassador in place to lead our efforts in
strengthening the bilateral relationship on trade, environment,
human rights, and security issues with Latin America's largest
democracy will be critical.
What Panama lacks in physical size it makes up in
geostrategic importance as a vital global trade hub connecting
the Pacific and Atlantic Oceans. Panama is an important partner
on trade, migration, counter narcotics, and has also sought
U.S. support for the Alliance for Development in Democracy.
This Alliance, together with Costa Rica and the Dominican
Republic, is a welcome and important development. I hope the
Biden administration will continue its support of the Alliance.
The OAS is a critical institution for our region in
promoting democracy, human rights, economic and social
development, anti-corruption, transparency, and regional
security cooperation.
In March, I joined a bipartisan group of my colleagues from
this committee and sent a letter to Secretary Blinken to
support the efforts to revoke Russia's permanent observer
status at the OAS, and I applaud the State Department for
taking that step.
The U.S. remains the largest contributor to the OAS, and
having a confirmed permanent representative will advance our
leadership in this important institution.
Finally, Belize, with which the United States has a close
relationship in part due to a strong Belizean community in the
United States estimated at more than 85,000, a friendly
relationship, though, does not mask some of the real challenges
that the people of Belize have faced over the past several
years--an economic downturn due to COVID, ensuing high levels
of public debt, and like most nations in the region, the flow
of migrants through the country.
We can only help Belize effectively address these
challenges with a confirmed ambassador in place. The United
States has not had a confirmed ambassador in Belize for five
years.
The committee looks forward to hearing from each of you
today and I look forward to supporting your nominations.
With that, I now--I will give it back to Senator Portman
and ask him to make his opening statement.
STATEMENT OF HON. ROB PORTMAN,
U.S. SENATOR FROM OHIO
Senator Portman. Thank you, Mr. Chairman, and thanks to all
four of you for your willingness to step up and serve our
country in capacities that you--some of you have done before.
This is an important opportunity for us to hear from you. I
have been asked to do this at the request of Tim Kaine and I
never say no to Tim Kaine. We are happy to have this hearing
and then, hopefully, move you along quickly to the floor of the
Senate and for getting you in place in these countries, who are
in need of someone badly.
Brazil, as we talked about, Ambassador Bagley, in our
conversation has so much potential and so much untapped
potential. So that will be an interesting opportunity for you,
having served in Portuguese, I am sure your Portuguese is up to
the task.
COVID-19 has hit Brazil so hard and reversed a lot of the
economic gains that they had made. It will be having elections,
as you know, on October 2nd. My understanding is those will be
intensely contested and I would like to hear what your
priorities would be as Ambassador to Brazil, if confirmed.
We have talked about some issues that relate to work in
this committee, including the wildlife trafficking legislation
we are trying to get passed and how it would be effective in
Brazil, and we would love to hear more from you about that
today.
Ambassador Aponte, after 40 years Panama is a strong
example of a country that has thrown off its authoritarian past
and move forward with democracy in an impressive way, but they
still struggle on a number of fronts, including controlling
corruption, and I hope that we can talk to you a little about
that.
In June 2019, the Financial Action Task Force added Panama
to its Gray List of countries with weak anti-money laundering
provisions, as an example. Hopefully, you can tell us how you
would help with regard to that issue.
Dr. Mora, in March, Senator Kaine and I signed a letter to
Secretary Blinken urging him to work with like-minded countries
to strip Russia of its observer status at the OAS.
I was pleased to see the OAS finally take this step last
month--what I said earlier, when Senator Kaine says something
people tend to do it, at least in this example. But that is
very positive.
I think it is precisely the kind of diplomatic isolation
that must be occurring globally right now if we have any chance
of getting Russia to pull back on its brutal assault on Ukraine
and withdraw its forces from their sovereign territory.
I would say Russia is not the only country of concern for
me with regard to the OAS. For example, I am curious as to how
you think the OAS should address human rights challenges in
Cuba, democratic backsliding, of course, in Nicaragua, also
what is going on in Venezuela, and what you would do to support
President Guaido's efforts in Venezuela.
Finally, Ms. Kwan, I am eager to hear about your plans and
priorities as Ambassador to Belize. What a beautiful country
and strong ties to the United States but also a country that
has challenges, obviously, on the economic front, COVID and
tourism challenges still.
But it also is a country, again, that we care a lot about
and are strong allies of ours. One of my concerns about Belize
today is what I hear about the traffickers. The drug cartels
now are using Belize as a stopping point and that has not been,
is my understanding, a big issue in the past but it is now and
would like to hear from you about that and what we should be
doing.
Also, I think it is interesting that Brazil--I am sorry,
Belize, is one of the few countries in the hemisphere that
still recognizes Taiwan. I was just in Taiwan recently and they
very much appreciate that and want to talk to you a little
about that.
I am sure Belize is under a lot of pressure from the
Chinese to change its allegiance and what can we do to support
Belize as they support our allies in Taiwan would be a question
I would ask today.
Again, thank you all four for being here, for three of you
a rich tradition of public service. For Ms. Kwan, you have been
serving in your own way, representing the sport and
representing us at the Special Olympics and other important
ways to serve. We are, again, pleased that all four of you have
agreed to step up and serve in those new capacities.
Senator Kaine. Thank you, Senator Portman.
He is too kind when he says he agreed to co-chair this
because I asked him. He also has a real interest in the
Americas. We took a bipartisan delegation of senators to
Mexico, Guatemala, Colombia, Ecuador about 10 months ago that
was very valuable. So thank you, Senator Portman.
And the impeccable timing of our colleague, Senator Markey,
who is a friend and a colleague and a valued member of the
committee.
Senator Markey, you are up to introduce Ambassador Bagley.
STATEMENT OF HON. EDWARD J. MARKEY,
U.S. SENATOR FROM MASSACHUSETTS
Senator Markey. Thank you, Mr. Chairman, very much, and it
is my pleasure to introduce Ambassador Elizabeth Bagley to be
our next ambassador to the Federative Republic of Brazil.
Mr. Chairman, I have proudly lost track of the number of
nominees who have come before this committee who are educated
in the brain state of Massachusetts, and Elizabeth Bagley is
yet the latest example of excellence.
She graduated with honors from Regis College in Weston,
Massachusetts. She is also an honors graduate of the Georgetown
Law Center and earned a juris doctorate in international law.
Joining Elizabeth today is her talented son Conor, son-in-
law, Ben, sister, Ellen. Her daughter, Vaughan, could not be
here in person today because she is at the White House right
now participating in the First Ladies Youth Mental Health
Action Forum, carrying on the tradition of health service that
her mother has dedicated her career to. But we know that
Vaughan shares pride in [inaudible] there.
Looking down proudly from Heaven, no doubt, is Elizabeth's
mother, Rosemary, and her father, John--Judge John Frawley, who
would have turned 100 years old today, and I know how proud--on
this day. Dedication to public service is really a family
affair.
Elizabeth's diplomatic career spans four different
administrations. She has participated in some of the most
significant diplomatic milestones of the last century.
She served as congressional liaison to the Panama Canal
treaties. She backstopped senior officials negotiating the Camp
David Accords, which set the framework for an enduring peace
between Israel in Egypt, and she was on the U.S. delegation to
the Conference on Security and Cooperation in Europe at a time
that the United States and much of Europe was united against
the Soviet Union's invasion of a sovereign country,
Afghanistan.
The role of managing a U.S. mission in a Portuguese-
speaking country is not new to Elizabeth. The Senate confirmed
Elizabeth unanimously to serve as Ambassador to our NATO ally,
Portugal, in 1994, the first woman to ever fill that role.
In Elizabeth, the men and women of the Foreign Service as
well as locally employed staff in Portugal had a committed
advocate. She established a daycare service at the embassy, one
that has seen hundreds of children come through its doors ever
since.
Upon her return to Washington, former Secretary of State
Madeleine Albright entrusted Elizabeth to stand up the Office
of Media Acquisition to help the newly independent Balkan
states establish a free media--a cornerstone of any democracy--
and years later, Elizabeth returned to Foggy Bottom to serve in
a number of other key senior roles, including as Special
Representative for Global Partnerships and as our
representative to the United Nations General Assembly, a
position for which she was unanimously confirmed again by the
Senate.
Our bilateral relationship with Brazil will require a
forceful spokesperson in Brasilia, particularly as the country
prepares for contentious presidential elections in October.
Elizabeth's background in public diplomacy and journalism,
along with her proven and effective diplomatic skill, give her
an undeniable voice. We need that voice to put climate
diplomacy at the forefront and win stronger commitments from
Brazil to protect the Amazon rainforest, the lungs of the
world, from deforestation, and we will need to continue to help
the country recover from the COVID-19 pandemic and its
compounding economic effects.
And Elizabeth's perfeito command of Portuguese means that
she will enter the role with a voice that all of her colleagues
will understand.
Mr. Chairman, Elizabeth's experience and unmatched
experience makes her a tremendous pick, a perfect pick, to
serve as our Ambassador to South America's most populous
country and one of the world's most powerful economies.
I urge swift confirmation for my friend, Elizabeth Bagley.
She will serve our country very well in this time of great need
for diplomatic envoys around the world.
I thank you, Mr. Chairman.
Senator Kaine. Thank you, Senator Markey.
And we will now have opening statements of the nominees and
we will begin with Ambassador Bagley, then Ambassador Aponte,
Dr. Mora, and Ms. Kwan.
STATEMENT OF HON. ELIZABETH FRAWLEY BAGLEY OF FLORIDA,
NOMINATED TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF
THE UNITED STATES OF AMERICA TO THE FEDERATIVE REPUBLIC OF
BRAZIL
Ambassador Bagley. Thank you.
Thank you, Mr. Chairman, and thank you, Senator Markey, for
those laudatory remarks. It was very, very nice of you. We go
back I cannot tell you how many years, probably 40 years, but
appreciate all you have done especially on the subject of
climate change, and if confirmed, that would, certainly, be one
of my top priorities. I thank you for that.
Mr. Chairman, Ranking Member, members of the committee, it
is my distinct honor to appear before you today as the nominee
to serve as the U.S. Ambassador to the Federative Republic of
Brazil. I am deeply grateful that President Biden and Secretary
Blinken placed their trust in me to take on this important
role.
I want to thank my daughter, Vaughan, who as Senator Markey
said, is at the White House as we speak, her husband, Ben, who
is here, my son, Conor, for their love and unwavering support.
My sister, Ellen, the youngest of the eight children--I am
number two, she is number eight--she is also here with me.
Twenty-eight years ago in June of 1994, I came before this
committee as President Clinton's nominee to be U.S. Ambassador
to Portugal and it was the highest privilege of my life to
represent my country there. My children were then four years
old and 10 months old. So we have all come a long way since
then, and I know my beloved husband and parents are smiling
down from above.
As Senator Markey said, today would have marked the 100th
birthday of my father, who, with my mother, taught me and my
seven brothers and sisters that to whom much is given much is
expected, as they themselves led a life of purpose--my father
as a lawyer and a judge for 50 years and my mother as a social
worker.
If given the opportunity, serving as the U.S. Ambassador to
Brazil would be the capstone of my career in public service,
diplomacy, and law, which spans over four decades.
I have learned from and advised Secretaries of State John
Kerry, Hillary Clinton, and the late Madeleine Albright over
more than 20 years of service to the Department of State.
I was deeply honored to serve as the U.S. Ambassador to
Portugal from 1994 to 1997, a period in which we made great
strides in our bilateral relationship as well as with NATO.
I am cognizant of the importance of our deep and historic
relationship with Brazil, which has the largest population,
economy, territory, and military in Latin America. This year
marks the 200th anniversary of Brazil's independence and of the
United States becoming the first country to recognize Brazil.
Today, we are building on our long history of cooperation
to take on shared challenges and priorities. A country with
strong democratic institutions, an open economy and a regional
and multilateral leadership role, Brazil is a strategic partner
and, if confirmed, I plan to build on that partnership to
further enhance our bilateral ties.
If confirmed, my first priority would be to ensure the
continued safety and security of the approximately 200,000 U.S.
citizens who reside in or travel to Brazil each year. I would
also work to protect the interests of the more than 1,400
American and Brazilian professionals who comprise the U.S.
mission in Brazil.
Our relationship with Brazil is grounded in shared
commitments to democracy and human rights, economic prosperity,
security, and the rule of law.
The United States engages Brazil through the U.N. Security
Council, the U.N. Human Rights Council, and many regular
bilateral dialogues on a full range of issues highlighted by
the U.S.-Brazil High Level Dialogue held in Brasilia on April
25th and co-chaired by Undersecretaries of State Nuland and
Fernandez.
If confirmed, I will work to further strengthen this wide-
ranging dialogue. I also will affirm our confidence in Brazil's
democratic institutions and electoral system, and the
importance of maintaining public trust in that system ahead of
Brazil's October national elections.
Our support for Brazil as it combats threats from
transnational criminal organizations should be based on a
foundation of respect for human rights for all Brazilians.
I will reinforce the U.S. commitment to strengthening
democracy, human rights, and the rule of law in Brazil and
throughout the hemisphere. Our bilateral trade has rebounded
from the pandemic, demonstrating the enormous potential of our
commercial relationship.
Brazil represents a vital market for a range of U.S.
industries. We are Brazil's largest foreign investor and its
second largest trading partner and, if confirmed, I intend to
broaden these economic ties and expand our bilateral trade.
The steps Brazil has taken to join and align with the
Organization for Economic Cooperation and Development signal
its commitment to sustainable economic growth and financial
stability.
Brazil is home to 30 percent of the world's tropical
rainforests, including 60 percent of the Amazon, the largest
and most biodiverse tropical rainforest in the world, and as
Senator Markey said, the lungs of the world.
If confirmed, one of my top priorities will be to encourage
efforts to increase climate ambition, dramatically reduce
deforestation, protect forest defenders, and prosecute
environmental crimes and related acts of violence.
Mr. Chairman, Ranking Member, committee members, if I am
confirmed, it would be my honor to represent the people of the
United States of America to the Government and people of
Brazil.
I would look forward to collaborating with this committee
and with your professional staff to further U.S. interests in
Brazil. I thank you for the opportunity to appear before you
today and I welcome your questions.
[The prepared statement of Ms. Bagley follows:]
Prepared Statement of Hon. Elizabeth Frawley Bagley
Mr. Chairman, Ranking Member, members of the committee--It is my
distinct honor to appear before you today as the nominee to serve as
the U.S. Ambassador to the Federative Republic of Brazil. I am deeply
grateful that President Biden and Secretary Blinken placed their trust
in me to take on this important role.
I want to thank my daughter, Vaughan, her husband Ben, and my son
Conor for their love and unwavering support. Twenty-eight years ago in
June 1994, I came before this committee as then President Clinton's
nominee to be U.S. Ambassador to Portugal, and it was the highest
privilege of my life to represent my country there. My children were
then four years old and 10 months old, so we have all come a long way
since then, and I know my beloved husband and parents are smiling down
from above. In fact, today would have marked the 100th birthday of my
father who, with my mother, taught me and my 7 brothers and sisters
that to whom much is given, much is expected as they themselves led a
life of purpose: my father as a lawyer and judge for 50 years and my
mother as a social worker.
If given the opportunity, serving as the U.S. Ambassador to Brazil
would be the capstone of my career in public service, diplomacy, and
law, which spans over four decades. I have learned from and advised
Secretaries of State John Kerry, Hillary Clinton, and the late
Madeleine Albright over more than 20 years of service at the Department
of State I was deeply honored to serve as the U.S. Ambassador to
Portugal from 1994 to 1997, a period in which we made great strides in
our bilateral relationship as well as with NATO.
I am cognizant of the importance of our deep and historic
relationship with Brazil, which has the largest population, economy,
territory, and military in Latin America. This year marks the 200th
anniversary of Brazil's independence--and of the United States becoming
the first country to recognize Brazil's independence. Today, we are
building on our long history of cooperation to take on shared
challenges and priorities. A country with strong democratic
institutions, an open economy, and a regional and multilateral
leadership role, Brazil is a strategic partner and if confirmed, I plan
to build on that partnership to further enhance our bilateral ties.
If confirmed, my first priority would be to ensure the continued
safety and security of the approximately 200,000 U.S. citizens who
reside in or travel to Brazil each year. I would also work to protect
the interests of the more than 1,400 American and Brazilian
professionals who comprise the U.S. Mission in Brazil.
Our relationship with Brazil is grounded in shared commitments to
democracy and human rights, economic prosperity, security, and the rule
of law. The United States engages Brazil through the United Nations
Security Council, Human Rights Council, and many regular bilateral
dialogues on a full range of issues, highlighted by the U.S.-Brazil
High-Level Dialogue held in Brasilia on April 25 and co-chaired by
Under Secretaries of State Nuland and Fernandez. If confirmed, I will
work to further strengthen this wide-ranging dialogue.
If confirmed, I will affirm our confidence in Brazil's democratic
institutions and electoral system and the importance of maintaining
public trust in that system ahead of Brazil's October national
elections. Our support for Brazil as it combats threats from
transnational criminal organizations should be based on a foundation of
respect for human rights for all Brazilians. I will reinforce the U.S.
commitment to strengthening democracy, human rights, and the rule of
law in Brazil and throughout the hemisphere.
Our bilateral trade has rebounded from the pandemic, demonstrating
the enormous potential of our commercial relationship. Brazil
represents a vital market for a range of U.S. industries. We are
Brazil's largest foreign investor and its second-largest trading
partner and if confirmed, I intend to broaden these economic ties and
expand our bilateral trade. The steps Brazil has taken to join and
align with the Organization for Economic Cooperation and Development
signal its commitment to sustainable economic growth and financial
stability.
Brazil is home to 30 percent of the world's tropical rainforests,
including 60 percent of the Amazon, the largest and most biodiverse
tropical rainforest in the world. If confirmed, one of my top
priorities will be to encourage efforts to increase climate ambition,
dramatically reduce deforestation, protect forest defenders, and
prosecute environmental crimes and related acts of violence.
Mr. Chairman, Ranking Member, and committee members, if confirmed,
it would be my honor to represent the people of the United States of
America to the Government and people of Brazil. I would look forward to
collaborating with this committee and your professional staff to
further U.S. interests in Brazil.
I thank you for the opportunity to appear before you today and
welcome your questions.
Senator Kaine. Thank you. Thank you, Ambassador Bagley.
Ambassador Aponte?
STATEMENT OF HON. MARI CARMEN APONTE OF FLORIDA, NOMINATED TO
BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED
STATES OF AMERICA TO THE REPUBLIC OF PANAMA
Ambassador Aponte. Good morning, Mr. Chairman, Ranking
Members, and all members of the committee. I am accompanied
this morning by my younger and only sister, who has been a
bedrock of my support; and also with me, I am deeply honored to
have Felix Rodriguez, who is an icon in the Cuban-American
community, not only because of his role in capturing Che
Guevara but also because of his steadfast support for democracy
throughout the continent.
So I am very pleased to have been nominated. I also feel
honored and grateful for the trust and confidence President
Biden and Secretary Blinken placed in me by nominating me to
serve as United States Ambassador to the Republic of Panama.
It is an honor to appear before you for the second time,
after having served as Ambassador to El Salvador and as
Assistant Secretary of State for the Western Hemisphere. I look
forward to discussing my view of the bilateral relationship and
how I will make it even more productive and dynamic, if
confirmed as Ambassador.
The United States and Panama have a long history of
partnership and cooperation to advance mutual goals. We remain
Panama's largest trade partner and its number-one source of
foreign direct investment.
Panama's location and growing global trade due to the
Panama Canal makes its success important to both U.S.
prosperity and national security. Traffic to or from the United
States represents nearly 70 percent of all Panama's transit.
Panama's strategic location of major land and sea transit
routes makes it critical in the interdiction of illicit drugs
destined for the United States and a vital partner in
addressing irregular migration.
As a carbon negative country, Panama has the potential to
serve as an environmental model not only for the region but
also for the world.
While Panama and the United States have our own historical,
cultural, and economic ties, challenges exist in regard of our
relationship. Each year, thousands of migrants take a perilous
journey through the Darien Gap, many passing through Panama on
their way to the United States.
We must find more ways to work together to manage
migration, provide protection, and give potential irregular
migrants incentives to remain in their home countries.
We must also continue to promote democratic governance and
rule of law. Corruption, a serious challenge in Panama, has a
corrosive effect on many layers of the state. We must not allow
it to progress further.
The Government efforts to enforce recent anti-money
laundering reforms and to correct efficiencies acquired for
Panama's removal from the Financial Action Task Force's Grey
List will determine Panama's financial stability and
attractiveness to investors.
Panama also suffers from organized criminal activity, which
threatens to undermine democratic institutions and economic
prosperity. If confirmed, I will use my position as Ambassador
to strengthen our relationship with Panama and build the
security and prosperity of the entire region.
This includes our engagement with Panamanian Government
ministries, civil society, and the private sector to showcase
our strong partnership and hedge against problematic PRC
influence on activities.
We need a stable, strong, and secure Panama and Panama
needs the United States as a friend, ally, and partner.
Effective implementation of U.S. foreign policy in Panama
requires a cohesive, diligent, and effective whole of U.S.
Government team and we have an extraordinary interagency
embassy team in Panama.
The mission's efforts center on the strategic work of
ensuring the United States remains a valued partner,
collaboratively managing migration through the Darien and the
battle against corruption, which threatens the foundations of
institutional democracy.
Just as I did in El Salvador as U.S. Ambassador there, I
want to empower and listen to the embassy team to make the
bilateral relationship stronger, more effective, and more
dynamic.
If confirmed, I will prioritize strengthening diversity and
inclusion. I commit to ensuring our workplace remains a safe,
fair, and just space for all.
The challenges we face now more than ever call for strong,
smart, and vibrant diplomacy. Panama can and should serve as a
key player in confronting Central America's challenges.
We will strengthen bilateral ties by reaching out to the
complete spectrum of Panamanian society, not just to government
leaders and the country's elite but to community leaders,
minority and women's groups, youth, and all facets of civil
society. We are going to do this with Panama hand in hand so
that, together, we can move forward stronger.
If confirmed, I will lead our embassy team in Panama City
with pride and dedication. I look forward to keeping you
appraised of our progress. I will prioritize protecting U.S.
citizens in Panama while championing the interests of the
United States in cooperation with our Panamanian friends.
Thank you for the opportunity to appear before you and I
look forward to answering your questions.
[The prepared statement of Ms. Aponte follows:]
Prepared Statement of Hon. Mari Carmen Aponte
Chairman, Ranking Member, distinguished members of the committee, I
feel honored and grateful for the trust and confidence President Biden
and Secretary Blinken placed in me by nominating me to serve as United
States Ambassador to the Republic of Panama. It is an honor to appear
before you for the second time, after having served as Ambassador to El
Salvador and Acting Assistant Secretary of State for the Western
Hemisphere. I look forward to discussing my view of the bilateral
relationship and how I will make it even more productive and dynamic if
confirmed as ambassador.
The United States and Panama have a long history of partnership and
collaboration to advance mutual goals. We remain Panama's largest trade
partner and its number one source of foreign direct investment.
Panama's location and role in global trade, due to the Panama Canal,
make its success important to both U.S. prosperity and national
security. Traffic to or from the United States represents nearly
seventy percent of all Canal transits.
Panama's strategic location along major land and sea transit routes
makes it critical in the interdiction of illicit drugs destined for the
United States and a vital partner in addressing irregular migration. As
a carbon negative country, Panama has the potential to serve as an
environmental model not only for the region but for the world.
While Panama and the United States have ample historical, cultural,
and economic ties, challenges exist in the bilateral relationship. Each
year, thousands of migrants take a perilous journey through the Darien
Gap, many passing through Panama on their way to the United States. We
must find more ways to work together to manage migration, provide
protection, and give potential irregular migrants incentives to remain
in their home countries.
We must also continue to promote democratic governance and rule of
law. Corruption, a serious challenge in Panama, has a corrosive effect
on many layers of the state; we must not allow it to progress further.
The Government efforts to enforce recent anti-money laundering reforms
and to correct deficiencies required for Panama's removal from the
Financial Action Task Force's Grey List will determine Panama's
financial stability and attractiveness to investors. Panama also
suffers from organized criminal activity, which threatens to undermine
democratic institutions and economic prosperity.
If confirmed, I will use my position as ambassador to strengthen
our relationship with Panama and build the security and prosperity of
the entire region. This includes continuing our engagement with
Panamanian Government ministries, civil society, and the private sector
to showcase our strong partnership and hedge against problematic PRC
influence and activities. We need a stable, strong, and secure Panama,
and Panama needs the United States as a friend, ally, and partner.
Effective implementation of U.S. foreign policy in Panama requires
a cohesive, diligent, and effective whole-of-U.S.-Government team, and
we have an extraordinary interagency embassy team in Panama. The
Mission's efforts center on the strategic work of ensuring the United
States remains a valued partner, collaboratively managing migration
through the Darien, and the battle against corruption that threatens
the foundations of institutional democracy. Just as I did in El
Salvador as U.S. Ambassador there, I want to empower and listen to the
Embassy team to make the bilateral relationship stronger, more
effective, and more dynamic. If confirmed, I will prioritize
strengthening diversity and inclusion. I commit to ensuring our
workplace remains a safe, fair, and just space for all.
The challenges we face, now more than ever, call for strong, smart,
and vibrant diplomacy. Panama can and should serve as a key player in
confronting Central America's challenges. We will strengthen bilateral
ties by reaching out to the complete spectrum of Panamanian society,
not just to government leaders and the country's elite, but to
community leaders, minority and women's groups, youth, and all facets
of civil society. We are going to do this with Panama, hand-in-hand, so
that together we can move forward stronger.
If confirmed, I will lead our Embassy team in Panama City with
pride and dedication and look forward to keeping you apprised of our
progress. I will prioritize protecting U.S. citizens in Panama while
championing the interests of the United States in cooperation with our
Panamanian friends.
Thank you for the opportunity to appear before you today. I look
forward to answering your questions.
Senator Kaine. Thank you, Ambassador Aponte.
Dr. Mora?
STATEMENT OF DR. FRANCISCO O. MORA OF FLORIDA, NOMINATED TO BE
PERMANENT REPRESENTATIVE OF THE UNITED STATES OF AMERICA TO THE
ORGANIZATION OF AMERICAN STATES, WITH THE RANK OF AMBASSADOR
Mr. Mora. Thank you, Chairman Kaine, Ranking Member
Portman, and members of the committee. I am honored to appear
before you today as President Biden's nominee to be the United
States Permanent Representative to the Organization of American
States.
I am deeply grateful to President Biden and Secretary
Blinken for the support and confidence they have placed in me.
I would like to begin by expressing my gratitude to members
of my family: my wife, Ivette, of 28 years and children,
Daniella and Frankie, without whose love and constant support I
very much likely would not be here today, and my wife, Ivette,
and daughter, Daniella, join me here today.
To my parents watching from home, Nivardo and Mirka, who
recently celebrated their 60th wedding anniversary, thank you
for your unwavering love and support, for the many sacrifices
you made after fleeing from communist Cuba so that my brother,
Jorge, and I could have the opportunity to fulfill our dreams
and give back to a country that so generously provided for our
family.
The countries of the Western Hemisphere are facing
unprecedented challenges, as this committee knows. The COVID-19
pandemic has wrought incalculable human and economic cost.
The climate crisis threatens the health and well being of
the people of the Americas. Inequity, corruption, poor
governance, public security challenges, irregular migration,
democratic backsliding are limiting individuals' ability to
build better futures in the region.
The OAS, I believe, provides the only effective regional
forum for coordinating multilaterally on issues that concern
our hemisphere. From the climate crisis to supporting
marginalized and vulnerable communities and championing
democracy and human rights, the OAS can implement solutions
more efficiently and effectively with regional political buy-
in.
The participation of the United States at the OAS
reinforces our commitment to multilateralism as the most
appropriate vehicle to address our shared governance and
development challenges, to promote regional economic
prosperity, to ensure the safety and security of our peoples,
and to hold countries accountable for their treatment of
citizens.
The answer to so many of these challenges involves
improving government's ability to effectively provide for their
people. I believe democracy is the best system for providing
that governance and, if confirmed, I am committed to vigorously
promoting democracy and human rights at the OAS, the premier
regional forum to advocate for our cherished shared values.
As we all know, democratic institutions and civil liberties
are under attack throughout the hemisphere. We have witnessed
backsliding in many countries and are deeply concerned about
the systemic repression and lack of free and fair elections in
Nicaragua and Venezuela.
In Cuba, the Cuban regime continues to deny its citizens
even basic freedoms, as we saw during the July 11th and
November 15th, 2021, protest and the subsequent mass
imprisonment of dissidents, human rights activists, and, more
recently, children, for insisting on the right to live in
freedom. The OAS must respond in a concerted way to these
massive abuses of human dignity.
If confirmed, you can be sure that I will forcefully
highlight the struggle of Cubans on the island in their fight
for freedom and human rights. The Inter-American Democratic
Charter remains a critical document at the OAS for the defense
of democracy in the Americas.
If confirmed, I will continue to be a strong advocate for
the values and principles enshrined in this and in other
guiding documents and institutions, such as the Inter-American
Commission on Human Rights, which I will strongly support.
One of my priorities as U.S. Ambassador, if confirmed, will
be to continue to advocate for OAS reform consistent with the
OAS Revitalization and Reform Act of 2013. It is essential this
be a shared priority for each member state and the OAS
leadership, as it is in our collective interest to ensure a
strong OAS remains focused on its core competencies.
I also want to assure that we will remain committed to
advancing the objectives of the OAS Legislative Act of 2020. If
confirmed, I also will work to support the United States
leadership of the Ninth Summit of the Americas. I look forward
to working with the OAS to implement our leaders' commitment at
the summit that will be held in June in Los Angeles.
In closing, I would like to underscore the critical
importance of the OAS Permanent Council suspending Russia's
permanent observer status over its war in Ukraine and gross
violations of human rights. It has sent an important message
from this hemisphere of our solidarity with the people of
Ukraine.
Mr. Chairman, Ranking Member Portman, and members of the
committee, thank you for giving me the opportunity to appear
before you today. If confirmed, I very much look forward to
working closely with you and other members of the Congress to
advance U.S. interests.
I welcome your comments and look forward to answering your
questions. Thank you.
[The prepared statement of Mr. Mora follows:]
Prepared Statement of Dr. Francisco O. Mora
Chairman Kaine, Ranking Member Portman, and members of the
committee, I am honored to appear before you today as President Biden's
nominee to be the United States Permanent Representative to the
Organization of American States. I'm deeply grateful to President Biden
and Secretary Blinken for the support and confidence they have placed
in me.
I would like to begin by expressing my gratitude to members of my
family: my wife of 28 years Ivette, and children, Daniella, and
Frankie, without whose love and constant support I very likely would
not be here today. To my parents watching from home--Nivardo and
Mirka--who recently celebrated their 60th wedding anniversary, thank
you for your unwavering love and support and for the many sacrifices
you made after fleeing from Communist Cuba, so that my brother Jorge
and I could have the opportunity to fulfill our dreams and give back to
a country that so generously provided for our family.
The countries of the Western Hemisphere are facing unprecedented
challenges. The COVID-19 pandemic has wrought incalculable human and
economic costs. The climate crisis threatens the health and well-being
of people in the Americas. Inequity, corruption, poor governance,
public security challenges, irregular migration and democratic
backsliding are limiting individuals' ability to build better futures.
The OAS provides the only effective regional forum for coordinating
multilaterally on issues that concern our hemisphere. From the climate
crisis to supporting marginalized and vulnerable communities, and
championing democracy and human rights, the OAS can implement solutions
more efficiently and effectively with regional political buy-in.
The participation of the United States at the OAS reinforces our
commitment to multilateralism as the most appropriate vehicle to
address our shared governance and development challenges, to promote
regional economic prosperity, to ensure the safety and security of our
peoples, and to hold countries accountable for their treatment of
citizens.
The answer to so many of these challenges involves improving
governments' ability to effectively provide for their people. I believe
democracy is the best system for providing that governance. If
confirmed, I am committed to vigorously promoting democracy and human
rights at the OAS, the premier regional forum to advocate for our
cherished shared values.
As we all know, democratic institutions and civil liberties are
under attack throughout the hemisphere. We have witnessed backsliding
in many countries and are deeply concerned about the systemic
repression and lack of free and fair elections in Nicaragua and
Venezuela.
In Cuba, the regime continues to deny its citizens even basic
freedoms, as we saw during the July 11 and November 15, 2021, protests
and the subsequent mass imprisonment of dissidents, human rights
activists and, more recently, children for insisting on their right to
live in freedom. The OAS must respond in a concerted way to these
massive abuses of human dignity. If confirmed, you can be sure that I
will forcefully highlight the struggle of Cubans on the island in their
fight for freedom and human rights.
The Inter-American Democratic Charter remains a critical document
at the OAS for the defense of democracy in the Americas. If confirmed,
I will continue to be a strong advocate for the values and principles
enshrined in this and other guiding documents and institutions, such as
the Inter-American Commission on Human Rights, which I will strongly
support.
One of my priorities as U.S. Ambassador, if confirmed, would be to
continue to advocate for OAS reform consistent with the ``OAS
Revitalization and Reform Act of 2013.'' It is essential this be a
shared priority for each member state and OAS leadership--as it is in
our collective interest to ensure a strong OAS remains focused on its
core competencies. I also want to assure that we will remain committed
to advancing the objectives of the ``OAS Legislative Engagement Act of
2020.''
If confirmed, I also will work to support the United States'
leadership of the Ninth Summit of the Americas and look forward to
working with the OAS to implement our leaders' commitments at the
Summit in Los Angeles in June.
In closing, I would like to underscore the critical importance of
the OAS Permanent Council suspending Russia's Permanent Observer status
over its war in Ukraine and gross human rights violations. It sent an
important message of our region's solidarity with the people of
Ukraine.
Mr. Chairman, Ranking Member Portman, and members of the committee,
thank you for giving me the opportunity to appear before you today. If
confirmed, I very much look forward to working closely with you and
other members of Congress to advance U.S. interests. I welcome your
comments and look forward to answering your questions.
Senator Kaine. Dr. Mora, thank you very much.
Finally, Ms. Kwan?
Welcome.
STATEMENT OF MICHELLE KWAN OF CALIFORNIA, NOMINATED TO BE
AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED
STATES OF AMERICA TO BELIZE
Ms. Kwan. Thank you so much.
Mr. Chairman, Mr. Ranking Member, and distinguished members
of the committee, it is an honor to be here today as President
Biden's nominee as the U.S. Ambassador to Belize. I want to
thank President Biden for placing such trust in me and I would
like to thank my friends, my family, and my colleagues for all
their support. I want to give a special thank you to my
parents, Danny and Estella Kwan, for sacrificing so much for
me.
Throughout my life, I have worn many different hats, and I
believe there is no higher honor than serving our country. As
an athlete, I was proud to win five world championships and two
Olympic medals while representing the United States.
I also served as a Special Olympics board member, an
author, and a diplomat, having worked as a senior advisor and
public diplomacy envoy with the Department of State.
Service has always been a calling and, if confirmed, it
will continue to be what guides me as I serve our country as
the U.S. Ambassador to Belize.
The United States and Belize share strong bilateral
relations. Over 1 million tourists from the United States visit
Belize annually and approximately 30,000 U.S. citizens live in
Belize and more than 85,000 Belizeans live in the United
States.
The roots of both our government and people-to-people ties
run deep. Belize is a vibrant democracy with a commitment to
upholding shared democratic values. Its geostrategically
important position bridges Central America and the Caribbean.
Belize has challenges exacerbated by the ongoing pandemic.
The economy shrank by about 16 percent in 2020, particularly
hitting the tourism sector, Belize's lifeblood.
The Belizean Government works to manage the spread of
COVID-19 effectively, and it has contained the spread of the
virus better than most countries. Still, Belize has felt its
crippling effects. We are working together to tackle this and
other challenges.
The United States has donated 228,150 doses of vaccine to
Belize, provided $300,000 in COVID-19 assistance, and has
assisted Belize with more than $4 million worth of COVID
mitigation projects together with Baylor University.
Belize joined the United States on May 12th in co-hosting
the second Global COVID-19 Summit as the CARICOM chair,
demonstrating the Government of Belize's success in managing
the COVID-19 pandemic.
And here is another example of working together. In
December 2021, the Millennium Challenge Corporation selected
Belize to develop a five-year compact, a partnership that could
inject hundreds of millions of dollars to improve
infrastructure, reduce poverty, and create a brighter future
for all Belizeans.
In November 2021, the U.S. International Development
Finance Corporation provided $610 million in political risk
insurance in support of an innovative debt conversion that not
only cut Belize's sovereign debt burden in half but also
supported projects to protect 30 percent of its ocean through a
Blue Bond financial deal.
Belize and the United States enjoy a strong partnership on
security cooperation and Belize cooperates closely with the
United States in efforts to deter and disrupt narcotics and
human trafficking and other illicit activities by transnational
criminal organizations.
The United States assists Belize through programs to
improve border security, professionalize police, and strengthen
the rule of law. If confirmed, I will work to continue and
expand these efforts for the benefit of Belizean citizens and
the many U.S. citizens who reside in and visit Belize.
Building upon shared regional efforts to address migration,
I will work to strengthen cooperation with Belize on humane
migration management and protection. While we work with Belize
to confront the challenges the country faces, we should also
seize opportunities to advance our mutual interests.
Belize's ties with Taiwan are an example. If confirmed, I
will continue to encourage strong ties to Taiwan, a significant
partner that shares our democratic values.
The United States and Belize also have mutual interest in
bolstering its energy sector, which presents opportunities for
U.S. investment that can benefit both our countries.
With the average age of Belizeans as 25 years, we must work
together to create new learning and economic opportunities. I
plan to lean on my international experience to encourage robust
educational, sporting, and other exchanges between the United
States and Belize to enhance the bilateral relationship on all
levels.
In conclusion, Mr. Chairman, Mr. Ranking Member, members of
the committee, if confirmed, I will take my role as the
Ambassador with the same work ethic, persistence, and
determination I have used to achieve results for my country.
I will advance U.S. interests and promote American
democratic values and I will be a strong champion of service to
others while working to advance this important bilateral
relationship.
Thank you for the opportunity to appear here today. If
confirmed, I look forward to working closely with this
committee and I look forward to answering your questions.
[The prepared statement of Ms. Kwan follows:]
Prepared Statement of Michelle Wingshan Kwan
Mr. Chairman, Ranking Member, and distinguished members of the
committee, it is an honor to be here today as President Biden's nominee
as the U.S. Ambassador to Belize. I want to thank President Biden for
placing such trust in me, and I would like to thank my friends, family,
and colleagues for all their support.
want to give a special thank you to my parents Danny and Estella
Kwan, who have sacrificed so much for me.
Throughout my life, I have worn many different hats and I believe
there is no higher honor than serving our country. As an athlete, I was
proud to win five world championships and two Olympic medals while
representing the United States. I also served as a Special Olympics
board member, an author, and a diplomat, having worked as a senior
advisor and public diplomacy envoy with the Department of State.
Service has always been a calling and, if confirmed, it will continue
to guide me as I serve our country as the U.S. Ambassador to Belize.
The United States and Belize share strong bilateral relations. Over
one million tourists from the United States visit Belize annually and
approximately 30,000 U.S. citizens live in Belize. More than 85,000
Belizeans live in the United States. The roots of both our government
and people-to-people ties run deep. Belize is a vibrant democracy with
a commitment to upholding shared democratic values. Its geo-
strategically important position bridges Central America and the
Caribbean.
Belize has challenges exacerbated by the ongoing pandemic. The
economy shrank by about 16 percent in 2020, particularly hitting the
tourism sector--Belize's lifeblood. The Belizean Government works to
manage the spread of COVID-19 effectively, and it has contained the
spread of the virus better than most countries. Still, Belize has felt
its crippling effects.
We are working together to tackle this and other challenges. The
United States has donated 228,150 doses of vaccine to Belize, provided
$300,000 in COVID-19 assistance and has assisted Belize with more than
$4 million worth of COVID mitigation projects together with Baylor
University. Belize joined the United States on May 12 in co-hosting the
Second Global COVID-19 Summit as the CARICOM Chair, demonstrating the
Government of Belize's success in managing the COVID-19 pandemic. And
here's another example of working together: in December 2021, the
Millennium Challenge Corporation selected Belize to develop a five-year
compact, a partnership that could inject hundreds of millions of
dollars to improve infrastructure, reduce poverty, and create a
brighter future for all Belizeans. In November 2021, the U.S.
International Development Finance Corporation provided $610 million in
political risk insurance to support an innovative debt conversion that
not only cut Belize's sovereign debt burden in half, but also supported
projects to protect 30 percent of its ocean through a ``Blue Bond''
financial deal.
Belize and the United States enjoy a strong partnership on security
cooperation, and Belize cooperates closely with the United States in
efforts to deter and disrupt narcotics and human trafficking and other
illicit activity by transnational criminal organizations. The United
States assists Belize through programs to improve border security,
professionalize police, and strengthen the rule of law. If confirmed, I
will work to continue and expand these efforts for the benefit of
Belizean citizens and the many U.S. citizens who reside in and visit
Belize. Building upon our shared regional efforts to address migration,
I will also work to strengthen cooperation with Belize on humane
migration management and protection.
While we work with Belize to confront the challenges the country
faces, we should also seize opportunities to advance our mutual
interests. Belize's ties with Taiwan are an example. If confirmed, I
will continue to encourage strong ties with Taiwan, a stalwart partner
that shares our democratic values.
The United States and Belize also have mutual interest in
bolstering its energy sector, which presents opportunities for U.S.
investment that can benefit both our countries.
With the average age of Belizeans as 25 years, we must work
together to create new learning and economic opportunities. If
confirmed, I plan to lean on my international experience to encourage
robust educational, sporting, and other exchanges between the United
States and Belize to enhance the bilateral relationship on all levels.
In conclusion, Mr. Chairman, Mr. Ranking Member, members of the
committee, if confirmed, I will take on my role as Ambassador with the
same work ethic, persistence, and determination I have used to achieve
results for my country. I will advance U.S. interests and promote
American democratic values. I will be a strong champion of service to
others while working to advance this important bilateral relationship.
Thank you for the opportunity to appear here today. If confirmed, I
look forward to working closely with this committee. I look forward to
your questions.
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