Certification Related to the Khmer Rouge Tribunal, 51604-51606 [2012-20899]

Download as PDF erowe on DSK2VPTVN1PROD with 51604 Federal Register / Vol. 77, No. 165 / Friday, August 24, 2012 / Notices required audited financial statements following the Reverse Merger transaction before it is eligible to list on BATS. The Reverse Merger company also must have filed all required Commission reports since the consummation of the Reverse Merger, which should help assure that material information about the issuer have been filed with the Commission and that the issuer has a demonstrated track record of meeting its Commission filing and disclosure obligations. In addition, the requirement that the Reverse Merger company has traded for at least one year in the over-the-counter market or on another exchange could make it more likely that analysts have followed the company for a sufficient period of time to provide an additional check on the validity of the financial and other information made available to the public. The Commission also believes the proposed requirement for a Reverse Merger company to maintain the specified minimum share price for a sustained period, and for at least 30 of the most recent 60 trading days, prior to the date of the initial listing application and the date of listing, is reasonably designed to address concerns that the potential for manipulation of the security to meet the minimum price requirements is more pronounced for this type of issuer. By requiring that minimum price to be maintained for a meaningful period of time, the proposal should make it more difficult for a manipulative scheme to be successfully used to meet the Exchange’s minimum share price requirements. In addition, the Commission believes that the proposed exceptions to the enhanced listing requirements for Reverse Merger companies that (1) complete a substantial firm commitment underwritten public offering in connection with its listing, or (2) have filed at least four annual reports containing all required audited financial statements with the Commission following the filing of all required information about the Reverse Merger transaction, and satisfying the one-year trading requirement, reasonably accommodate issuers that may present a lower risk of fraud or other illegal activity. The Commission believes it is reasonable for the Exchange to conclude that, although formed through a Reverse Merger, an issuer that (1) undergoes the due diligence and vetting required in connection with a sizeable underwritten public offering, or (2) has prepared and filed with the Commission four years of all required audited financial statements following the Reverse Merger, presents less risk and warrants the same VerDate Mar<15>2010 15:22 Aug 23, 2012 Jkt 226001 treatment as issuers that were not formed through a Reverse Merger. Nevertheless, the Commission expects the Exchange to monitor any issuers that qualify for these exceptions and, if fraud or other abuses are detected, to propose appropriate changes to its listing standards. For the reasons discussed above, the Commission believes that BATS’s proposal will further the purposes of Section 6(b)(5) of the Act by, among other things, helping prevent fraud and manipulation associated with Reverse Merger companies, and protecting investors and the public interest. IV. Conclusion It is therefore ordered, pursuant to Section 19(b)(2) of the Act, that the proposed rule change (SR–BATS–2012– 023) is approved. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.12 Elizabeth M. Murphy, Secretary. [FR Doc. 2012–20818 Filed 8–23–12; 8:45 am] BILLING CODE 8011–01–P DEPARTMENT OF STATE [Public Notice 7990] Certification Related to the Khmer Rouge Tribunal Pursuant to the authority vested in me under Section 7044(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (Division I, Pub. L. 112–74) (SFOAA) and Delegation of Authority 245–1, I hereby certify that 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 (also known as the ‘‘Khmer Rouge Tribunal’’). This Certification shall be published in the Federal Register, and sent, along with related Memorandum of Justification, to the appropriate committees of the Congress. 12 17 PO 00000 CFR 200.30–3(a)(12). Frm 00094 Fmt 4703 Sfmt 4703 Dated: August 13, 2012. Thomas R. Nides, Deputy Secretary for Management and Resources. Section 7044(c) of the Department of State, Foreign Operations Appropriations Act, 2012 (Div. I, Pub. L. 112–74) Funding for the Extraordinary Chambers in the Courts of Cambodia Sec. 7044(c) Cambodia.—Funds made available in this 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 the Government of Cambodia are taking credible steps to address allegations of corruption and mismanagement within the tribunal. Memorandum of Justification for Certification Related to the Khmer Rouge Tribunal Under Section 7044(C) Of the Department of State, Foreign Operations and Related Programs Appropriations Act, 2012 Section 7044(c) of the Department of State, Foreign Operations and Related Program Appropriations Act, 2012 (Div. I Pub. L. 112–74), provides that funds appropriated by that act for a United States contribution to the Extraordinary Chambers in the Courts of Cambodia (ECCC, also known as the Khmer Rouge Tribunal) may only be made available if the Secretary of State certifies to the Committees on Appropriations that the United Nations (UN) and Royal Government of Cambodia (RGC) are taking credible steps to address allegations of corruption and mismanagement within the ECCC. Deputy Secretary Nides has signed the certification pursuant to State Department Delegation of Authority 245–1. Background The ECCC, which began operations in 2006, was established as a national court with UN assistance to bring to justice senior leaders and those most responsible for the deaths of as many as two million Cambodians under the Khmer Rouge regime, which was in power from April 17, 1975 until January 6, 1979. In 2010, the ECCC completed its first case (Case 001), convicting Kaing Guek Eav (aka ‘‘Duch’’), former chief of the Tuol Sleng torture center, of crimes against humanity and war crimes, and sentenced him to 35 years in prison. Duch’s trial was the first attempt in three decades to hold a Khmer Rouge official accountable for that era’s atrocities and was a milestone in the history of Cambodian justice. In E:\FR\FM\24AUN1.SGM 24AUN1 Federal Register / Vol. 77, No. 165 / Friday, August 24, 2012 / Notices erowe on DSK2VPTVN1PROD with February, 2012 the ECCC’s Supreme Chamber upheld that conviction, and extended Duch’s sentence to life in prison. The United States, other foreign governments, and non-governmental organizations (NGOs) monitoring the ECCC agree that proceedings throughout met international standards of justice. In September, 2010, the four surviving senior leaders of the Khmer Rouge, including Nuon Chea (‘‘Brother Number 2’’), were indicted on a variety of charges (‘‘Case 002’’), including crimes against humanity, grave breaches of the Geneva Convention, and genocide. The trial commenced in November 2011. In response to pre-trial motions, Ms. Ieng Thirith, the Khmer Rouge’s Minister of Social Affairs, was found mentally incompetent to stand trial. She has not been released from custody, as treatment is underway to see if her condition can be sufficiently improved to allow her to stand trial. Investigations by the ECCC’s Office of the CoInvestigating Judges commenced in September, 2009 against three suspects (‘‘Case 003’’) and no final decision has been made regarding the legal question of whether the suspects and their alleged crimes fall within the jurisdiction of the ECCC. Two additional suspects (‘‘Case 004’’) are also being investigated. Factors Justifying Certification From the time the ECCC commenced operations in 2006, there have been allegations of corruption on the administrative side of the court, primarily in the form of salary kickback schemes affecting Cambodian staff members. These allegations received widespread attention from U.S. and international media, and concerns about corruption led many to question the ECCC’s ability to deliver justice. In late 2008, at the request of the United States and other donors, the RGC removed the Cambodian head of administration, the person most associated with the corruption scheme. His replacement, Tony Kranh, who remains the Acting Director today, has been competent and has cooperated well with the donor community, the ECCC officials, and the UN Office of Legal Affairs. The ECCC, in cooperation with the UN, has taken additional steps to protect the integrity of its proceedings against corruption. In August 2009 the UN and RGC reached an agreement to establish an Independent Counselor, which is semi-autonomous from the Tribunal’s administration, the UN, the RGC and donor states, to hear and address corruption allegations at ECCC. The guidelines established confirm the Independent Counselor’s obligations to VerDate Mar<15>2010 15:22 Aug 23, 2012 Jkt 226001 protect the confidentiality of complainants, ensure that there are no reprisals for whistle-blowing, and provide a report of his activities to both the UN and RGC. Addressing the ECCC in October 2010, the Secretary General commended the work of the Independent Counselor and the effect that office has on the public perception of the ECCC—that the Tribunal’s administration will not tolerate any form of corruption. These steps have led to increased confidence in the ECCC. The Human Rights Center of the University of California Berkeley conducted a survey in December 2010 across 125 Cambodian communes nationwide. The Center’s final report, released on June 9, 2011, reveals that an increasing number of Cambodians have confidence in the court. A recent poll by the International Republican Institute found that 77 percent of Cambodians were aware of the proceedings at the ECCC. Donor States, NGOs, and other monitors of the ECCC have expressed increased confidence in the proceedings as well. The Secretary General stated in the fall of 2010 that ‘‘Beyond all doubt, the court has shown that it is capable of prosecuting complex international crimes in accordance with international standards.’’ In a resolution adopted at its 18th session (September 2011), the Human Rights Council reaffirmed the importance of the ECCC as an independent and impartial body, and welcomed the assistance of member states and the efforts of the Cambodian government to work with the UN to ensure the highest standards of administration are met. In July 2010, the UN established the office of the Special Expert to the Secretary-General of the ECCC to provide advice and assistance to successfully managing this high-profile war crimes tribunal. In furtherance of this mandate, the Special Expert is tasked with monitoring, reporting, and addressing any and all administrative issues related to the ECCC’s functioning. The position was held from July 2010 to October 2011 by J. Clint Williamson, U.S. Ambassador-at-Large for War Crimes Issues from 2006–2009. Williamson was succeeded in January 2012 by David Scheffer, himself also a former Ambassador-at-Large for War Crimes Issues (1997–2001). The ECCC provides a monthly report to the UN Controller and the UN Department of Economic and Social Affairs, which closely monitors the Tribunal’s activities, including its expenditures. In addition, all hiring on the international side of the ECCC is vetted by the UN Department of PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 51605 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. Since the appointment of the new ECCC administration, the creation of the Independent Counselor position, and the establishment of the UN’s Special Expert Office, the United States has not learned of any credible allegations of corruption or mismanagement within the ECCC. Developments in Cases 003 and 004, while not related to corruption or mismanagement, do warrant examination. In late April 2011, the ECCC’s Office of Co-Investigating Judges (OCIJ)—at the time led by Cambodian national You Bunleng and German national Siegfried Blunk—ended its investigation into 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 and publicly released his request for additional investigation. This action led to a response from the OCIJ that appeared to threaten Cayley with contempt for publicizing confidential matters. While the OCIJ subsequently made it clear that it did not seek to sanction Cayley, it also disagreed with Mr. Cayley’s legal position and defended the adequacy of its factual investigations. While no closing order recommending dismissal was ever filed, ECCC’s observers assess that the OCIJ supported dismissing the suspects from further investigation. Mr. Blunk came under intense criticism from outside observers and by some of his own office for his handling of Case 003, and a prominent international NGO alleged mismanagement and possibly misconduct. However, neither the NGO, nor missions by the UN’s Office of Human Resource Management nor any other source has produced evidence that substantiates this allegation. Nevertheless, under increasing pressure, Mr. Blunk announced his resignation October 10, 2011, claiming that he was unable to carry out his duties due to political interference by the RGC. It was expected that Mr. Blunk would be succeeded by Mr. Laurent KasperAnsermet of Switzerland, whom the UN had previously nominated and confirmed as the reserve coinvestigative judge. It was the UN’s legal view that Kasper-Ansermet’s accession was to have been automatic. However, citing statements Mr. Kasper-Ansermet E:\FR\FM\24AUN1.SGM 24AUN1 51606 Federal Register / Vol. 77, No. 165 / Friday, August 24, 2012 / Notices erowe on DSK2VPTVN1PROD with has published on Twitter prior to his nomination, the RGC refused to confirm him. After attempting to exercise his duties as reserve co-investigating judge for six months, Mr. Kasper-Ansermet tendered his resignation on March 19, 2012 citing his inability to gain the cooperation of the Cambodian national co-investigating judge, Mr. You Bunleng. Mr. Kasper-Ansermet’s resignation was effective May 4, 2012. To replace Kasper-Ansermet, the UN nominated U.S. citizen Mark Harmon, a retired career U.S. Department of Justice prosecutor, who also served more than a decade as a Senior Trial Attorney in the Office of the Prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY). Unlike Kasper-Ansermet, the Cambodian Supreme Council of the Magistracy (SCM) confirmed Harmon in the position. The ECCC’s jurisdiction over suspects in the Cases 003/004 has yet to be resolved; and therefore the coinvestigating judges have not made a final determination on whether these individuals should be indicted. Should the national and international coinvestigating judges disagree, there is a formal process under the governing documents of the ECCC for resolving this disagreement in the Pre-Trial Chamber. Before his departure, KasperAnsermet complained publicly that his investigation of Cases 003/004 has been obstructed by the non-cooperation of Cambodian-appointed judges and officials. Judge Bunleng publicly responded that the difficulties had arisen because Kasper-Ansermet had not been confirmed in his appointment due to the latter’s public comments on confidential judicial matters. As Mark Harmon’s nomination has been confirmed by the SCM, we anticipate that he will receive appropriate cooperation from national and international judges and officials. There may be disagreements about whether the suspects in Cases 003/004 should be subject to indictment and trial, but we expect these matters to be resolved by the co-investigative judges and the PreTrial Chamber in accordance with applicable law and procedure. Certification and United States Policy Objectives Certification recognizes the efforts of the UN and RGC to address allegations of corruption and mismanagement within the ECCC. It is not an indication, however, that work is complete. Both parties must continue to exercise oversight of the ECCC’s operations, and the donor community and NGOs must VerDate Mar<15>2010 15:22 Aug 23, 2012 Jkt 226001 continue their vigilant engagement with the United Nations and the Royal Cambodian government to ensure that the ECCC remains judicially independent, corruption-free, and wellmanaged. [FR Doc. 2012–20899 Filed 8–23–12; 8:45 am] BILLING CODE 4710–30–P DEPARTMENT OF STATE [Public Notice 7993] Culturally Significant Objects Imported for Exhibition Determinations: ‘‘Extravagant Inventions: The Princely Furniture of the Roentgens,’’ Formerly Titled ‘‘Seductive Luxury and Innovation: The Furniture of Abraham and David Roentgen’’ ACTION: to be displayed at The Metropolitan Museum of Art until on or about January 31, 2014. I have ordered that Public Notice of these Determinations be published in the Federal Register. FOR FURTHER INFORMATION CONTACT: For further information, including a list of the additional exhibit objects, contact Julie Simpson, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202–632–6467). The mailing address is U.S. Department of State, SA–5, L/PD, Fifth Floor (Suite 5H03), Washington, DC 20522–0505. Dated: August 17, 2012. J. Adam Ereli, Principal Deputy Assistant Secretary, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2012–20894 Filed 8–23–12; 8:45 am] BILLING CODE 4710–05–P Notice, correction. On August 29, 2011, notice was published on page 53705 of the Federal Register (volume 76, number 167) of determinations made by the Department of State pertaining to the exhibition ‘‘Seductive Luxury and Innovation: The Furniture of Abraham and David Roentgen.’’ The referenced notice is corrected here to change the exhibition name to ‘‘Extravagant Inventions: The Princely Furniture of the Roentgens’’ and to include additional objects as part of the exhibition. Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236–3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257 of April 15, 2003), I hereby determine that the additional objects to be included in the exhibition ‘‘Extravagant Inventions: The Princely Furniture of the Roentgens,’’ imported from abroad for temporary exhibition within the United States, are of cultural significance. The additional objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the additional exhibit objects at The Metropolitan Museum of Art, New York, NY, from on or about October 29, 2012, until on or about January 27, 2013, and at possible additional exhibitions or venues yet to be determined, is in the national interest. At the conclusion of the exhibition at The Metropolitan Museum of Art, three of the works will continue SUMMARY: PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 DEPARTMENT OF STATE [Public Notice 7992] Notice of Request for Expressions of Interest by Environmental Experts in Assisting the CAFTA–DR Secretariat for Environmental Matters With the Preparation of Factual Records Department of State. Request for environmental experts to assist the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA–DR) Secretariat for Environmental Matters (Secretariat) with the preparation of factual records. AGENCY: ACTION: The Department of State and the Office of the United States Trade Representative are compiling recommendations for candidates to be included on a roster of environmental experts from which the CAFTA–DR Secretariat can select individuals to assist in the preparation of factual records. The Department of State and the Office of the United States Trade Representative invite environmental experts, including representatives from non-governmental organizations, educational institutions, private sector enterprises, and other interested persons, to submit their expression of interest in being included on a roster of experts. We encourage submitters to review the following prior to offering a recommendation: (1) Chapter 17: Environment of the CAFTA–DR, in particular Articles 17.7 and 17.8; (2) paragraph 2(d) of the Understanding Regarding the Establishment of a Secretariat for Environmental Matters Under CAFTA–DR; (3) paragraphs 3 and 4 of Article 5 of the Agreement SUMMARY: E:\FR\FM\24AUN1.SGM 24AUN1

Agencies

[Federal Register Volume 77, Number 165 (Friday, August 24, 2012)]
[Notices]
[Pages 51604-51606]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20899]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice 7990]


Certification Related to the Khmer Rouge Tribunal

    Pursuant to the authority vested in me under Section 7044(c) of the 
Department of State, Foreign Operations, and Related Programs 
Appropriations Act, 2012 (Division I, Pub. L. 112-74) (SFOAA) and 
Delegation of Authority 245-1, I hereby certify that 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 (also known as the ``Khmer Rouge 
Tribunal'').
    This Certification shall be published in the Federal Register, and 
sent, along with related Memorandum of Justification, to the 
appropriate committees of the Congress.

    Dated: August 13, 2012.
Thomas R. Nides,
Deputy Secretary for Management and Resources.

Section 7044(c) of the Department of State, Foreign Operations 
Appropriations Act, 2012 (Div. I, Pub. L. 112-74)

Funding for the Extraordinary Chambers in the Courts of Cambodia

    Sec. 7044(c) Cambodia.--Funds made available in this 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 the Government of Cambodia 
are taking credible steps to address allegations of corruption and 
mismanagement within the tribunal.

Memorandum of Justification for Certification Related to the Khmer 
Rouge Tribunal Under Section 7044(C) Of the Department of State, 
Foreign Operations and Related Programs Appropriations Act, 2012

    Section 7044(c) of the Department of State, Foreign Operations and 
Related Program Appropriations Act, 2012 (Div. I Pub. L. 112-74), 
provides that funds appropriated by that act for a United States 
contribution to the Extraordinary Chambers in the Courts of Cambodia 
(ECCC, also known as the Khmer Rouge Tribunal) may only be made 
available if the Secretary of State certifies to the Committees on 
Appropriations that the United Nations (UN) and Royal Government of 
Cambodia (RGC) are taking credible steps to address allegations of 
corruption and mismanagement within the ECCC. Deputy Secretary Nides 
has signed the certification pursuant to State Department Delegation of 
Authority 245-1.

Background

    The ECCC, which began operations in 2006, was established as a 
national court with UN assistance to bring to justice senior leaders 
and those most responsible for the deaths of as many as two million 
Cambodians under the Khmer Rouge regime, which was in power from April 
17, 1975 until January 6, 1979. In 2010, the ECCC completed its first 
case (Case 001), convicting Kaing Guek Eav (aka ``Duch''), former chief 
of the Tuol Sleng torture center, of crimes against humanity and war 
crimes, and sentenced him to 35 years in prison. Duch's trial was the 
first attempt in three decades to hold a Khmer Rouge official 
accountable for that era's atrocities and was a milestone in the 
history of Cambodian justice. In

[[Page 51605]]

February, 2012 the ECCC's Supreme Chamber upheld that conviction, and 
extended Duch's sentence to life in prison. The United States, other 
foreign governments, and non-governmental organizations (NGOs) 
monitoring the ECCC agree that proceedings throughout met international 
standards of justice. In September, 2010, the four surviving senior 
leaders of the Khmer Rouge, including Nuon Chea (``Brother Number 2''), 
were indicted on a variety of charges (``Case 002''), including crimes 
against humanity, grave breaches of the Geneva Convention, and 
genocide. The trial commenced in November 2011. In response to pre-
trial motions, Ms. Ieng Thirith, the Khmer Rouge's Minister of Social 
Affairs, was found mentally incompetent to stand trial. She has not 
been released from custody, as treatment is underway to see if her 
condition can be sufficiently improved to allow her to stand trial. 
Investigations by the ECCC's Office of the Co-Investigating Judges 
commenced in September, 2009 against three suspects (``Case 003'') and 
no final decision has been made regarding the legal question of whether 
the suspects and their alleged crimes fall within the jurisdiction of 
the ECCC. Two additional suspects (``Case 004'') are also being 
investigated.

Factors Justifying Certification

    From the time the ECCC commenced operations in 2006, there have 
been allegations of corruption on the administrative side of the court, 
primarily in the form of salary kickback schemes affecting Cambodian 
staff members. These allegations received widespread attention from 
U.S. and international media, and concerns about corruption led many to 
question the ECCC's ability to deliver justice. In late 2008, at the 
request of the United States and other donors, the RGC removed the 
Cambodian head of administration, the person most associated with the 
corruption scheme. His replacement, Tony Kranh, who remains the Acting 
Director today, has been competent and has cooperated well with the 
donor community, the ECCC officials, and the UN Office of Legal 
Affairs.
    The ECCC, in cooperation with the UN, has taken additional steps to 
protect the integrity of its proceedings against corruption. In August 
2009 the UN and RGC reached an agreement to establish an Independent 
Counselor, which is semi-autonomous from the Tribunal's administration, 
the UN, the RGC and donor states, to hear and address corruption 
allegations at ECCC. The guidelines established confirm the Independent 
Counselor's obligations to protect the confidentiality of complainants, 
ensure that there are no reprisals for whistle-blowing, and provide a 
report of his activities to both the UN and RGC. Addressing the ECCC in 
October 2010, the Secretary General commended the work of the 
Independent Counselor and the effect that office has on the public 
perception of the ECCC--that the Tribunal's administration will not 
tolerate any form of corruption.
    These steps have led to increased confidence in the ECCC. The Human 
Rights Center of the University of California Berkeley conducted a 
survey in December 2010 across 125 Cambodian communes nationwide. The 
Center's final report, released on June 9, 2011, reveals that an 
increasing number of Cambodians have confidence in the court. A recent 
poll by the International Republican Institute found that 77 percent of 
Cambodians were aware of the proceedings at the ECCC.
    Donor States, NGOs, and other monitors of the ECCC have expressed 
increased confidence in the proceedings as well. The Secretary General 
stated in the fall of 2010 that ``Beyond all doubt, the court has shown 
that it is capable of prosecuting complex international crimes in 
accordance with international standards.'' In a resolution adopted at 
its 18th session (September 2011), the Human Rights Council reaffirmed 
the importance of the ECCC as an independent and impartial body, and 
welcomed the assistance of member states and the efforts of the 
Cambodian government to work with the UN to ensure the highest 
standards of administration are met.
    In July 2010, the UN established the office of the Special Expert 
to the Secretary-General of the ECCC to provide advice and assistance 
to successfully managing this high-profile war crimes tribunal. In 
furtherance of this mandate, the Special Expert is tasked with 
monitoring, reporting, and addressing any and all administrative issues 
related to the ECCC's functioning. The position was held from July 2010 
to October 2011 by J. Clint Williamson, U.S. Ambassador-at-Large for 
War Crimes Issues from 2006-2009. Williamson was succeeded in January 
2012 by David Scheffer, himself also a former Ambassador-at-Large for 
War Crimes Issues (1997-2001).
    The ECCC provides a monthly report to the UN Controller and the UN 
Department of Economic and Social Affairs, which closely monitors the 
Tribunal's activities, including its expenditures. In addition, all 
hiring on the international side of the ECCC 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.
    Since the appointment of the new ECCC administration, the creation 
of the Independent Counselor position, and the establishment of the 
UN's Special Expert Office, the United States has not learned of any 
credible allegations of corruption or mismanagement within the ECCC. 
Developments in Cases 003 and 004, while not related to corruption or 
mismanagement, do warrant examination.
    In late April 2011, the ECCC's Office of Co-Investigating Judges 
(OCIJ)--at the time led by Cambodian national You Bunleng and German 
national Siegfried Blunk--ended its investigation into 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 and publicly released his request for additional 
investigation. This action led to a response from the OCIJ that 
appeared to threaten Cayley with contempt for publicizing confidential 
matters. While the OCIJ subsequently made it clear that it did not seek 
to sanction Cayley, it also disagreed with Mr. Cayley's legal position 
and defended the adequacy of its factual investigations. While no 
closing order recommending dismissal was ever filed, ECCC's observers 
assess that the OCIJ supported dismissing the suspects from further 
investigation. Mr. Blunk came under intense criticism from outside 
observers and by some of his own office for his handling of Case 003, 
and a prominent international NGO alleged mismanagement and possibly 
misconduct. However, neither the NGO, nor missions by the UN's Office 
of Human Resource Management nor any other source has produced evidence 
that substantiates this allegation. Nevertheless, under increasing 
pressure, Mr. Blunk announced his resignation October 10, 2011, 
claiming that he was unable to carry out his duties due to political 
interference by the RGC.
    It was expected that Mr. Blunk would be succeeded by Mr. Laurent 
Kasper-Ansermet of Switzerland, whom the UN had previously nominated 
and confirmed as the reserve co-investigative judge. It was the UN's 
legal view that Kasper-Ansermet's accession was to have been automatic. 
However, citing statements Mr. Kasper-Ansermet

[[Page 51606]]

has published on Twitter prior to his nomination, the RGC refused to 
confirm him. After attempting to exercise his duties as reserve co-
investigating judge for six months, Mr. Kasper-Ansermet tendered his 
resignation on March 19, 2012 citing his inability to gain the 
cooperation of the Cambodian national co-investigating judge, Mr. You 
Bunleng. Mr. Kasper-Ansermet's resignation was effective May 4, 2012. 
To replace Kasper-Ansermet, the UN nominated U.S. citizen Mark Harmon, 
a retired career U.S. Department of Justice prosecutor, who also served 
more than a decade as a Senior Trial Attorney in the Office of the 
Prosecutor of the International Criminal Tribunal for the former 
Yugoslavia (ICTY). Unlike Kasper-Ansermet, the Cambodian Supreme 
Council of the Magistracy (SCM) confirmed Harmon in the position.
    The ECCC's jurisdiction over suspects in the Cases 003/004 has yet 
to be resolved; and therefore the co-investigating judges have not made 
a final determination on whether these individuals should be indicted. 
Should the national and international co-investigating judges disagree, 
there is a formal process under the governing documents of the ECCC for 
resolving this disagreement in the Pre-Trial Chamber.
    Before his departure, Kasper-Ansermet complained publicly that his 
investigation of Cases 003/004 has been obstructed by the non-
cooperation of Cambodian-appointed judges and officials. Judge Bunleng 
publicly responded that the difficulties had arisen because Kasper-
Ansermet had not been confirmed in his appointment due to the latter's 
public comments on confidential judicial matters. As Mark Harmon's 
nomination has been confirmed by the SCM, we anticipate that he will 
receive appropriate cooperation from national and international judges 
and officials. There may be disagreements about whether the suspects in 
Cases 003/004 should be subject to indictment and trial, but we expect 
these matters to be resolved by the co-investigative judges and the 
Pre-Trial Chamber in accordance with applicable law and procedure.

Certification and United States Policy Objectives

    Certification recognizes the efforts of the UN and RGC to address 
allegations of corruption and mismanagement within the ECCC. It is not 
an indication, however, that work is complete. 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 Royal Cambodian government to ensure that the 
ECCC remains judicially independent, corruption-free, and well-managed.

[FR Doc. 2012-20899 Filed 8-23-12; 8:45 am]
BILLING CODE 4710-30-P