Certification Related to the Khmer Rouge Tribunal; Correction, 27109-27110 [2012-11093]
Download as PDF
<![CDATA[
Federal Register / Vol. 77, No. 89 / Tuesday, May 8, 2012 / Notices
C. Authority for Conducting the
Matching Program
The legal authority for disclosures
under this Agreement are the Social
Security Act (Act) and the Privacy Act
of 1974, as amended. Section 453(j)(4) of
the Act provides that OCSE shall
provide the Commissioner of Social
Security with all information in the
NDNH. 42 U.S.C. 653(j)(4). We have the
authority to use this data to determine
entitlement and eligibility for the
programs we administer pursuant to
sections 453(j)(4), 1631(e)(1)(B) and (f),
and 1148 of the Act. 42 U.S.C. 653(j)(4),
1320b–19(d)(1), and 1383(e)(1)(B) and
(f). Disclosures under this Agreement
are made in accordance with 5 U.S.C.
552a(b)(3), and in compliance with the
matching procedures in 5 U.S.C.
552a(o), (p), and (r).
The Commissioner of Social Security
is required to verify a recipient’s or
applicant’s eligibility for SSI using
independent or collateral sources. We
cannot determine an applicant’s
eligibility for SSI benefits solely on the
applicant’s declaration concerning
eligibility factors or other relevant facts.
We also obtain information to ensure
that we provide SSI benefits only to
eligible individuals (or eligible spouses)
and that we are paying the correct
amounts of such benefits. Section
1631(e)(1)(B) of the Act.
Subsection 1631(f) of the Act provides
that ‘‘The head of any federal agency
shall provide such information as the
Commissioner of Social Security needs
for purposes of determining eligibility
for or amount of benefits, or verifying
information with respect thereto.’’
To comply with section 1148 of the
Act, we must verify earnings of
beneficiaries/recipients to ensure
accurate payments to employer network
providers under the Ticket-to-Work
program.
National Directory of New Hires’’
(NDNH), No. 09–80–0381, published in
the FR on January 5, 2011, at 76 FR 560.
Routine use (9) of the system of records
authorizes disclosure of NDNH
information to us, 76 FR 560, 562
(January 5, 2011).
Until January 31, 2013, through the
Master File Query Menu (MFQM), we
will use online queries to read records
in the NDNH database. To limit
disclosure and to prohibit browsing, our
access is restricted by anti-browsing
technology to only those Social Security
numbers (SSN) that have a direct
business relationship with SSI, DI, or
Ticket programs (i.e., the record must
have a valid SSI, DI, or Ticket payment
or application issue). If no business
relationship exists with us, OCSE denies
access to NDNH and the user is unable
to proceed. If a business relationship
exists with us, we can access the NDNH
to display an SSN-specific new hire,
QW, or UI report in the NDNH. The
MFQM extracts information from our
SSR (for SSI recipients) or CDR–CDD
(for ticket holders and disability
beneficiaries) to facilitate query access.
After January 31, 2013, we will invoke
the OCSE web service to perform online
lookups.
E. Inclusive Dates of the Matching
Program
The effective date of this matching
program is no sooner than April 20,
2012, provided that the following notice
periods have lapsed: 30 days after
publication of this notice in the FR and
40 days after notice of the matching
program is sent to Congress and OMB.
The matching program will continue for
18 months from the effective date and,
if both agencies meet certain conditions,
it may extend for an additional 12
months thereafter.
[FR Doc. 2012–11047 Filed 5–7–12; 8:45 am]
BILLING CODE 4191–02–P
srobinson on DSK4SPTVN1PROD with NOTICES
D. Categories of Records and Persons
Covered by the Matching Program
Our Systems of Records (SOR)
covered by this program are the SSI
Record and Special Veterans Benefits
(SSR), SSA/OEEAS, 60–0103 notice last
published on January 11, 2006 (71
Federal Register (FR) 1830); and the
Completed Determination RecordContinuing Disability Determination file
(CDR–CDD), SSA/OD 60–0050 notice
last published January 11, 2006 (72 FR
1813).
OCSE will match our information in
the SSR and CDR–CDD against the
NDNH. The NDNH contains new hire,
QW, and UI information furnished by
state and federal agencies and is
maintained by OCSE in its SOR ‘‘OCSE
VerDate Mar<15>2010
17:33 May 07, 2012
Jkt 226001
DEPARTMENT OF STATE
[Public Notice 7871]
Certification Related to the Khmer
Rouge Tribunal; Correction
Department of State.
Notice; correction.
AGENCY:
ACTION:
The Department of State
published a document in the Federal
Register of on August 16, 2011
concerning a Certification Related to the
Khmer Rouge Tribunal. Inadvertently,
the Memorandum of Justification was
not included in the document for
publication in the Federal Register and
this notice corrects this error.
SUMMARY:
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
27109
FOR FURTHER INFORMATION CONTACT:
Ariel Wyckoff, (202) 647 9446.
Correction
In the Federal Register of August 16,
2011, in FR Volume 76, page 50808, the
following Memorandum of Justification
should have been printed as an
attachment to the original notice, PN
7556:
MEMORANDUM OF JUSTIFICATION
UNDER SECTION 7071 (c) OF THE
DEPARTMENT OF STATE, FOREIGN
OPERATIONS AND RELATED
PROGRAMS APPROPRIATIONS ACT,
2010, AS CARRIED FORWARD BY THE
FULL-YEAR CONTINUING
APPROPRIATIONS ACT, 2011
Section 7071 (c) of the Department of
State, Foreign Operations and Related
Program Appropriations Act, 2010 (Div.
F P.L. 111–117), as carried forward by
Full-Year Continuing Appropriations
Act, 2011 (Div. B, P.L. 112–10), provides
that funds appropriated in the act for a
United States contribution to a Khmer
Rouge tribunal may only be made
available if the Secretary of State
certifies to the Committees on
Appropriations that the United Nations
and Government of Cambodia are taking
credible steps to address allegations of
corruption and mismanagement within
the Extraordinary Chambers in the
Courts of Cambodia (ECCC), also
commonly known as the ‘‘Khmer Rouge
Tribunal’’ (KRT). Deputy Secretary
Nides has signed the certification
pursuant to State Department Delegation
of Authority 245–1.
Factors Justifying Determination and
Certification
Allegations of corruption were
abundant in the ECCC’s early years until
the Director of Administration was
replaced in late 2008. His replacement,
who remains the Director today has
been extraordinarily competent and has
cooperated well with the donor
community, other court officials, and
the United Nations Office of Legal
Affairs.
The allegations and change in
administration did not compromise the
fundamental integrity of the ECCC. In
July 2010 the ECCC successfully
concluded Case 001—the trial against
the former chief of the Tuol Sleng
torture center, Kaing Guek Eav
(‘‘Duch’’). His trial and conviction were
the first meaningful attempt to hold a
Khmer Rouge official accountable for
war crimes committed under the Khmer
Rouge regime. The United States,
foreign governments, and NGOs
monitoring the ECCC agree that the
E:\FR\FM\08MYN1.SGM
08MYN1
srobinson on DSK4SPTVN1PROD with NOTICES
27110
Federal Register / Vol. 77, No. 89 / Tuesday, May 8, 2012 / Notices
proceedings met international standards
of justice.
The ECCC, in cooperation with the
UN, has taken additional steps to
protect the integrity of its proceedings
against allegations of corruption. In
August 2009 the United Nations Office
of Legal Affairs and the Government of
Cambodia reached agreement to
establish an Independent Counselor to
serve as a deterrent against corruption
and address potential future incidents of
corruption or other forms of misconduct
at the court. Shortly after his
appointment, the Counselor released a
‘‘Meet the Independent Counselor’’
document to all court staff explaining
his role, how he can be reached, and
when he should be contacted. The
circular outlined his roles and
responsibilities, which include
provision of an annual report to the UN
Office of Legal Affairs and the
Cambodian Government. The guidelines
established for the Independent
Counselor confirm his obligations to
protect the confidentiality of
complainants, to ensure that there are
no reprisals for whistle-blowing and to
provide a report of his activities to both
the UN and RGC. The United States, in
coordination with other donor nations,
has conducted diplomatic efforts with
both the United Nations Office of Legal
Affairs and Government of Cambodia to
assist in making the Independent
Counselor fully operational, which have
been effective. Addressing the ECCC in
October 2010, the Secretary General
commended the work of the
Independent Counselor and the effect it
has had on the perception of the court—
that the ECCC’s administration will not
tolerate any form of corruption.
Because of all these steps taken to
combat corruption and make the
processes of the Court transparent,
independent and efficient, it is the view
of the State Department, other donor
countries, prominent court officials, and
non-governmental organizations
(NGOs), that the ECCC appears to have
resolved the corruption and
mismanagement issues raised in 2008.
The United States currently plays a
leadership role with respect to oversight
of the ECCC by serving as a member of
the New York-based ECCC Steering
Committee. The United States also plays
a leading role in the donors group in
Phnom Penh, Cambodia. An additional
contribution of funds will indicate an
ongoing commitment to the work of the
ECCC, and improve our position in
discussions at the Steering Committee
and with other current and potential
donors. The Steering Committee
oversees the budget and the timelines
established by the ECCC and is
VerDate Mar<15>2010
17:33 May 07, 2012
Jkt 226001
currently satisfied that the ECCC is
administratively and financially sound.
The ECCC provides a monthly report
to the UN Controller and the UN
Department of Economic and Social
Affairs, which closely monitors the
activities of the court including its
expenditures. In addition, all hiring on
the international side of the court is
vetted by the UN Department of
Economic and Social Affairs. The UN
Office of Legal Affairs actively engages
on judicial management issues. For
example, the ECCC accepted the UN’s
recommendation that the Pre-Trial
Chamber sit on a full-time basis in order
to improve the ECCC’s efficiency and to
expedite its decision-making. In
addition, last year’s U.S. contribution
provided partial funding for a high-level
official to work specifically on ECCC
management-related issues. This official
has effectively personally intervened
with high level Cambodian officials to
address ECCC management issues.
In late April the ECCC’s Office of the
Co-Investigating Judges (OCIJ) ended its
investigation for Case 003 and
forwarded the evidence to the Office of
the Co-Prosecutors. The international
co-prosecutor, Andrew Cayley,
dissatisfied with the amount and depth
of evidence, requested the OCIJ to
conduct further investigations.
The issue of whether Case 003 falls
within the jurisdiction of the ECCC is
one on which reasonable persons can
disagree. There is a formal process
under the governing documents of the
ECCC for resolving this disagreement.
We see no basis for any assertions of
mismanagement and possible
misconduct in the OCIJ’s handling of
Case 003.
The Department looks forward to the
final closing order and appeal so that
this issue regarding further investigation
into Case 003 can be resolved in with
finality.
Certification and United States Policy
Objectives
Certification recognizes the efforts of
the United Nations and the Government
of Cambodia to address allegations of
corruption and mismanagement within
the ECCC. It is not an indication,
however, that no further work needs to
be done. Both parties must continue to
exercise oversight of the ECCC’s
operations, and the donor community
and NGOs must continue their vigilant
engagement with the United Nations
and the Cambodian government to
ensure that the ECCC remains
corruption-free and well-managed.
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
Dated: May 1, 2012.
Ariel Wyckoff,
Program Analyst, Bureau of East Asian and
Pacific Affairs, U.S. Department of State.
[FR Doc. 2012–11093 Filed 5–7–12; 8:45 am]
BILLING CODE 4710–30–P
DEPARTMENT OF STATE
[Public Notice 7818]
Overseas Security Advisory Council
(OSAC) Meeting Notice; Closed
Meeting
The Department of State announces a
meeting of the U.S. State Department—
Overseas Security Advisory Council on
June 5 and 6, 2012. Pursuant to Section
10(d) of the Federal Advisory
Committee Act (5 U.S.C. Appendix), 5
U.S.C. 552b(c)(4), and 5 U.S.C.
552b(c)(7)(E), it has been determined
that the meeting will be closed to the
public. The meeting will focus on an
examination of corporate security
policies and procedures and will
involve extensive discussion of trade
secrets and proprietary commercial
information that is privileged and
confidential, and will discuss law
enforcement investigative techniques
and procedures. The agenda will
include updated committee reports, a
global threat overview, and other
matters relating to private sector
security policies and protective
programs and the protection of U.S.
business information overseas.
For more information, contact Marsha
Thurman, Overseas Security Advisory
Council, U.S. Department of State,
Washington, DC 20522–2008, phone:
571–345–2214.
Dated: April 17, 2012.
Scott P. Bultrowicz,
Director of the Diplomatic Security Service,
U.S. Department of State.
[FR Doc. 2012–11092 Filed 5–7–12; 8:45 am]
BILLING CODE 4710–43–P
DEPARTMENT OF STATE
[Public Notice 7872]
Notice of Meeting
Pursuant to the provisions of
the Federal Advisory Committee Act
(FACA), the Advisory Committee on the
Secretary of State’s Strategic Dialogue
with Civil Society will convene in
Washington, DC on May 16, 2012. The
Committee provides advice on the
formulation of U.S. policies, proposals,
and strategies for engagement with, and
protection of, civil society worldwide.
The objective of this meeting is to
SUMMARY:
E:\FR\FM\08MYN1.SGM
08MYN1
]]>Agencies
[Federal Register Volume 77, Number 89 (Tuesday, May 8, 2012)]
[Notices]
[Pages 27109-27110]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11093]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice 7871]
Certification Related to the Khmer Rouge Tribunal; Correction
AGENCY: Department of State.
ACTION: Notice; correction.
-----------------------------------------------------------------------
SUMMARY: The Department of State published a document in the Federal
Register of on August 16, 2011 concerning a Certification Related to
the Khmer Rouge Tribunal. Inadvertently, the Memorandum of
Justification was not included in the document for publication in the
Federal Register and this notice corrects this error.
FOR FURTHER INFORMATION CONTACT: Ariel Wyckoff, (202) 647 9446.
Correction
In the Federal Register of August 16, 2011, in FR Volume 76, page
50808, the following Memorandum of Justification should have been
printed as an attachment to the original notice, PN 7556:
MEMORANDUM OF JUSTIFICATION UNDER SECTION 7071 (c) OF THE DEPARTMENT OF
STATE, FOREIGN OPERATIONS AND RELATED PROGRAMS APPROPRIATIONS ACT,
2010, AS CARRIED FORWARD BY THE FULL-YEAR CONTINUING APPROPRIATIONS
ACT, 2011
Section 7071 (c) of the Department of State, Foreign Operations and
Related Program Appropriations Act, 2010 (Div. F P.L. 111-117), as
carried forward by Full-Year Continuing Appropriations Act, 2011 (Div.
B, P.L. 112-10), provides that funds appropriated in the act for a
United States contribution to a Khmer Rouge tribunal may only be made
available if the Secretary of State certifies to the Committees on
Appropriations that the United Nations and Government of Cambodia are
taking credible steps to address allegations of corruption and
mismanagement within the Extraordinary Chambers in the Courts of
Cambodia (ECCC), also commonly known as the ``Khmer Rouge Tribunal''
(KRT). Deputy Secretary Nides has signed the certification pursuant to
State Department Delegation of Authority 245-1.
Factors Justifying Determination and Certification
Allegations of corruption were abundant in the ECCC's early years
until the Director of Administration was replaced in late 2008. His
replacement, who remains the Director today has been extraordinarily
competent and has cooperated well with the donor community, other court
officials, and the United Nations Office of Legal Affairs.
The allegations and change in administration did not compromise the
fundamental integrity of the ECCC. In July 2010 the ECCC successfully
concluded Case 001--the trial against the former chief of the Tuol
Sleng torture center, Kaing Guek Eav (``Duch''). His trial and
conviction were the first meaningful attempt to hold a Khmer Rouge
official accountable for war crimes committed under the Khmer Rouge
regime. The United States, foreign governments, and NGOs monitoring the
ECCC agree that the
[[Page 27110]]
proceedings met international standards of justice.
The ECCC, in cooperation with the UN, has taken additional steps to
protect the integrity of its proceedings against allegations of
corruption. In August 2009 the United Nations Office of Legal Affairs
and the Government of Cambodia reached agreement to establish an
Independent Counselor to serve as a deterrent against corruption and
address potential future incidents of corruption or other forms of
misconduct at the court. Shortly after his appointment, the Counselor
released a ``Meet the Independent Counselor'' document to all court
staff explaining his role, how he can be reached, and when he should be
contacted. The circular outlined his roles and responsibilities, which
include provision of an annual report to the UN Office of Legal Affairs
and the Cambodian Government. The guidelines established for the
Independent Counselor confirm his obligations to protect the
confidentiality of complainants, to ensure that there are no reprisals
for whistle-blowing and to provide a report of his activities to both
the UN and RGC. The United States, in coordination with other donor
nations, has conducted diplomatic efforts with both the United Nations
Office of Legal Affairs and Government of Cambodia to assist in making
the Independent Counselor fully operational, which have been effective.
Addressing the ECCC in October 2010, the Secretary General commended
the work of the Independent Counselor and the effect it has had on the
perception of the court--that the ECCC's administration will not
tolerate any form of corruption.
Because of all these steps taken to combat corruption and make the
processes of the Court transparent, independent and efficient, it is
the view of the State Department, other donor countries, prominent
court officials, and non-governmental organizations (NGOs), that the
ECCC appears to have resolved the corruption and mismanagement issues
raised in 2008.
The United States currently plays a leadership role with respect to
oversight of the ECCC by serving as a member of the New York-based ECCC
Steering Committee. The United States also plays a leading role in the
donors group in Phnom Penh, Cambodia. An additional contribution of
funds will indicate an ongoing commitment to the work of the ECCC, and
improve our position in discussions at the Steering Committee and with
other current and potential donors. The Steering Committee oversees the
budget and the timelines established by the ECCC and is currently
satisfied that the ECCC is administratively and financially sound.
The ECCC provides a monthly report to the UN Controller and the UN
Department of Economic and Social Affairs, which closely monitors the
activities of the court including its expenditures. In addition, all
hiring on the international side of the court is vetted by the UN
Department of Economic and Social Affairs. The UN Office of Legal
Affairs actively engages on judicial management issues. For example,
the ECCC accepted the UN's recommendation that the Pre-Trial Chamber
sit on a full-time basis in order to improve the ECCC's efficiency and
to expedite its decision-making. In addition, last year's U.S.
contribution provided partial funding for a high-level official to work
specifically on ECCC management-related issues. This official has
effectively personally intervened with high level Cambodian officials
to address ECCC management issues.
In late April the ECCC's Office of the Co-Investigating Judges
(OCIJ) ended its investigation for Case 003 and forwarded the evidence
to the Office of the Co-Prosecutors. The international co-prosecutor,
Andrew Cayley, dissatisfied with the amount and depth of evidence,
requested the OCIJ to conduct further investigations.
The issue of whether Case 003 falls within the jurisdiction of the
ECCC is one on which reasonable persons can disagree. There is a formal
process under the governing documents of the ECCC for resolving this
disagreement. We see no basis for any assertions of mismanagement and
possible misconduct in the OCIJ's handling of Case 003.
The Department looks forward to the final closing order and appeal
so that this issue regarding further investigation into Case 003 can be
resolved in with finality.
Certification and United States Policy Objectives
Certification recognizes the efforts of the United Nations and the
Government of Cambodia to address allegations of corruption and
mismanagement within the ECCC. It is not an indication, however, that
no further work needs to be done. Both parties must continue to
exercise oversight of the ECCC's operations, and the donor community
and NGOs must continue their vigilant engagement with the United
Nations and the Cambodian government to ensure that the ECCC remains
corruption-free and well-managed.
Dated: May 1, 2012.
Ariel Wyckoff,
Program Analyst, Bureau of East Asian and Pacific Affairs, U.S.
Department of State.
[FR Doc. 2012-11093 Filed 5-7-12; 8:45 am]
BILLING CODE 4710-30-P
