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.

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FOAA Funded Training
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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.

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Department of Defense Funded Training
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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