ANKARA'S LEAHY HUMAN RIGHTS VETTING PROCEDURES

UNCLAS ANKARA 000193 SIPDIS SIPDIS E.O. 12958: N/A TAGS: AADP MARR MASS PHUM PINR PINS PREL EU TU SUBJECT: ANKARA'S LEAHY HUMAN RIGHTS VETTING PROCEDURES 1.(U) In accordance with the Leahy Amendment all candidates for training or assistance funded pursuant to the Foreign Operations, Export Financing, and Related Programs Appropriations Act (FOAA),must be vetted on human rights, corruption, narcotics, or criminal grounds. Vetting is required to assure that, to the Embassy's best knowledge, the USG does not fund travel, training, or material assistance to individuals (or groups of individuals) who have engaged in gross violations of human rights or other disqualifying activities. The legal requirements governing the necessity of vetting vary depending on whether the activity is financed by FOAA funding or Department of Defense funding. Post's standard operating procedure for vetting is set forth in para 2 below. -------------- FOAA Funded Training -------------- 2.(U) To vet candidates for FOAA-funded activities, post will follow these procedures: -- Step 1: An officer or section at post learns of foreign military and/or law enforcement joint activity/request, e.g., that unit(s) or individuals are to be trained or provided with other assistance using FOAA funding. That officer/section chooses a POC to vet the case. -- Step 2: At least 20 days prior to the date of potential travel, the POC distributes names and biographic data of potential trainees to appropriate agencies at post for vetting. Relevant post sections review paper and electronic classified and unclassified files for credible evidence of gross human rights violations perpetrated by unit(s) or individuals proposed for training. POC searches Abuse Case Evaluation System (ACES) for such evidence. Relevant agencies may include: POL, PMA, RSO, ORA, Legatt, DEA, CONS, DAO, and ODC. -- Step 3: Within five working days, each section responds in writing to the POC with the result of their search. Each section shall appoint a point-of-contact to receive and perform vetting. -- Step 4: POC reviews findings. If credible derogatory information is found that an individual or unit is responsible for gross violations of human rights, POC will strike the name from the list to be sent to Washington for clearance, enter appropriate information into the ACES database, and cable Washington. -- Step 5: POC notifies the Department by cable of the list of names of individuals or units on whom no derogatory information was found and asks for clearance. The cable shall include the complete name, the date of birth and nationality of each candidate. Post will strive to send distinguishing information for individuals who share the same name or a common name. Post shall provide Washington with at least ten working days to conduct name checks and reply back to post. -- Step 6: The desk officer conducts his or her own vetting by checking the names against bureau files and records and INR's database, which INR makes available to appropriately cleared individuals from the regional bureaus for this purpose. -- Step : If no derogatory information is found, the desk officer formats the clearance into a reply cable (reproducing all the information as provided in the original cable from post) and forwards it to DRL/PHD and PM/PPA for clearance. If these offices identify no derogatory information, they will clear and the regional bureau transmits the cable to post indicating that training/assistance may proceed. If vetting at the Department reveals derogatory information, the regional desk officer informs post and training may not proceed. In addition, the L Bureau (L/LFA) now requires an information copy of the reply cable if derogatory information or other issues arise in the vetting process. 3.(U) We understand that there is no "good-for" period that applies to vetting. The individual's (or unit and unit commander's) name must be betted and submitted each time they are nominated for training. -------------- Department of Defense Funded Training -------------- 4.(U) The Department of State is not legally required to vet DOD-funded training pursuant to the Leahy Amendment provisions. Post, accordingly, will only vet for DOD-funded training when the DOD requests it. Should DOD request vetting, Post will follow the steps set forth above if the request is received within 20 days of the scheduled travel or activity. If therequest is received with less time, POC will ttempt to conduct an informal vetting of the candidate(s) by reviewing the political section's hard files, electronic files, and ACES database. 5.(U) Full vetting determinations for DOD-funded cases are valid for one-year. Therefore, to avoid last-minute time pressures, DOD should submit requests for vetting to the POC well in advance of the training date. 6.(U) If derogatory information is found on a unit or individual proposed for DOD-funded training/assistance, the Department will report derogatory and/or any mitigating information to DOD, and the POC will inform the Chief of Mission. DOD, however, is entitled to make its own determination as to whether to proceed with the training. Visit Ankara's Classified Web Site at http://www.state.sgov.gov/p/eur/ankara/ WILSON