Summary of the Certification Related to the Khmer Rouge Tribunal, 78463-78466 [2013-30819]

Download as PDF Federal Register / Vol. 78, No. 248 / Thursday, December 26, 2013 / Notices decided to extend that deadline until January 16, 2014. We would like the public’s ideas and comments regarding how we should use genetic information within the disability decision process. Under our current, long-standing policy, we do not purchase genetic testing to evaluate disability. However, we do consider all evidence in the record, including genetic testing and other genetic medical evidence, when we make a determination or decision of whether you are disabled.2 We solicited the public’s ideas and comments on the use of genetic information in order to obtain innovative ideas that we could use to improve the disability determination process. Your comments are important to us and we encourage you to share your ideas on any and all related issues. Some of the specific issues we would like information on include: • What role should genetic specialists have in providing medical evidence?; • Should we use direct-to-consumer genetic test results, and if so, how should we use those results?; • How useful is genetic information in determining prognosis and progression of an impairment?; • What role should genetic information have in the continuing disability review process?; CFR 404.1512–404.1513, 404.1520, 416.912– 416.913, and 416.920. emcdonald on DSK67QTVN1PROD with NOTICES 2 20 VerDate Mar<15>2010 18:06 Dec 24, 2013 Jkt 232001 • Can we make determinations regarding known genetic conditions in the absence of genetic test results, and if so, how should we do so?; • What privacy safeguards should we apply when we obtain and use genetic information?; and • Are there any related issues that may inform our future policies? How To Participate The forum is open to all members of the public. To submit your ideas and comments, please go to http://www.ssadisabilityideas.ideascale.com and go to the Campaign entitled ‘‘Genetic Information.’’ You must register at the site before you are able to submit your ideas and comments. Although we will consider all of the ideas and comments we receive, we will not respond to them. Since we will moderate the ideas and comments we receive during regular business hours, your ideas and comments may not be viewable immediately. In most cases, your ideas and comments should be viewable within two business days. Include only information that you wish to make publicly available. Please do not include any personal information, such as Social Security numbers or medical information. Arthur R. Spencer, Associate Commissioner, Office of Disability Programs. [FR Doc. 2013–30805 Filed 12–24–13; 8:45 am] BILLING CODE 4191–02–P PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 78463 DEPARTMENT OF STATE [Public Notice 8574] Summary of the Certification Related to the Khmer Rouge Tribunal On June 26, 2013, Deputy Secretary William Burns signed a required certification for the Khmer Rouge Tribunal, per section 7044(c) of the Department of State, Foreign Operations, and Related Programs Act, 2012 (Division I, Pub. L. 112–74) as carried forward by the Full-Year Continuing Appropriation Act, 2013 (Div. F, Pub. L. 113–6), that the United Nations and the Royal 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’’). The Certification and related Memorandum of Justification are to be provided to the appropriate committees of the Congress and published in the Federal Register. I am signing the below to verify and affirm Deputy Secretary Burns signature and meet the requirements for publication of these documents in the Federal Register. Dated: December 10, 2013. Ed Shin, Special Assistant for Deputy Secretary Burns. E:\FR\FM\26DEN1.SGM 26DEN1 78464 Federal Register / Vol. 78, No. 248 / Thursday, December 26, 2013 / Notices "'~v... ~.,vu Ke.U!lIea to the Khmer Rouge tln(:aU()n and reia:Ltea Nlc:mc.rarlaum appropriate committees of the Congress and ..................,......... in AU...... &: J. Burns Section 7044(c) of the Department of State, Foreign Operations VerDate Mar<15>2010 18:06 Dec 24, 2013 Jkt 232001 Appropriations Act, 2012 (Div. I, P.L. 112–74), as carried forward by the Full- PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 Year Continuing Appropriations Act, 2013 (Div. F, P.L. 113–6) E:\FR\FM\26DEN1.SGM 26DEN1 EN26DE13.088</GPH> emcdonald on DSK67QTVN1PROD with NOTICES Deputy Secretary Federal Register / Vol. 78, No. 248 / Thursday, December 26, 2013 / Notices 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, AS CARRIED FORWARD BY THE FULL-YEAR CONTINUING APPROPRIATIONS ACT, 2013 Section 7044(c) of the Department of State, Foreign Operations, and Related Program Appropriations Act, 2012 (Div. I P.L. 112–74), as carried forward by the Full-Year Continuing Appropriations Act, 2013 (Div. F, P.L. 113–6), 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 and Royal Government of Cambodia are taking credible steps to address allegations of corruption and mismanagement within the ECCC. Deputy Secretary Burns has signed the certification pursuant to State Department Delegation of Authority 245–1. emcdonald on DSK67QTVN1PROD with NOTICES 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 February 2012, the ECCC’s Supreme VerDate Mar<15>2010 18:06 Dec 24, 2013 Jkt 232001 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 agreed that proceedings throughout Case 001 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, with court officials seeking to reach a verdict in 2014. In response to pre-trial motions, the Court found Ms. Ieng Thirith, the Khmer Rouge’s Minister of Social Affairs, mentally incompetent to stand trial. She was released from custody in September 2012 after several appeals. Co-accused Ieng Sary, Foreign Minister during the Khmer Rouge regime, died on March 14, 2013, before a judgment could be rendered against him. 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 Determination and 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, 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 (IC), who is semi-autonomous from the Tribunal’s administration, the UN, the PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 78465 RGC, and donor states, to hear and address allegations of corruption at the ECCC. The guidelines established for the Independent Counselor confirm his 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 within Cambodia. The Human Rights Center of the University of California, Berkeley, conducted a survey across 125 Communes nationwide. The Center’s final report, released in 2011, revealed that an increasing number of Cambodians have confidence in the court. 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, ‘‘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 on the ECCC to provide advice and assistance to successfully conduct a high-profile war crimes tribunal. In furtherance of this mandate, the UN tasked the Special Expert 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, former U.S. Ambassador-at-Large for War Crimes Issues (2006–2009). Williamson was succeeded in January 2012 by David Scheffer, also a former U.S. 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 monitor 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 E:\FR\FM\26DEN1.SGM 26DEN1 emcdonald on DSK67QTVN1PROD with NOTICES 78466 Federal Register / Vol. 78, No. 248 / Thursday, December 26, 2013 / Notices Economic and Social Affairs. The UN Office of Legal Affairs actively engages on judicial management issues. For example, that office recommended that the Pre-Trial Chamber sit on a full-time basis in order to improve the ECCC’s efficiency and to expedite its decisionmaking, and the ECCC accepted the recommendation. Embassy Phnom Penh was notified of allegations of financial misconduct at the ECCC in September 2012, but a full UN investigation, including an independent audit, later proved the allegations false. In September, an outside observer approached an Embassy officer alleging that ECCC staff paid kickbacks on salaries and that large-scale financial misconduct occurred with donor money. The source did not offer any evidence and quoted only anonymous sources, but the Embassy assessed that the allegations were serious enough to warrant notification of ECCC officials. Within days of receiving the Embassy’s information, UN Special Expert on the ECCC David Scheffer traveled to Phnom Penh to investigate the allegations. The result of his initial investigation, which he shared with the UN in September 2012, showed small-scale misuse of resources, such as the use of a common television in a private office and the use of a vehicle for a single employee when it should have been designated to the motorpool. These misuses of resources were immediately corrected. The ECCC subsequently retained the independent accounting firm Ernst & Young to conduct a spot audit of the Victim Support Section, where the anonymous sources had alleged that major misconduct had taken place. The spot audit examined financial assets and expenditures during the April–June 2012 time period and the inventory of physical assets. The results of the audit, made available to the U.S. government in December 2012, revealed that no major irregularities occurred. The spot audit found that ‘‘no exceptions were noted’’ when comparing receipts of funds and disbursements of funds. Some computer equipment did not display correct serial numbers, but there was no evidence that any equipment was misused. While the spot audit was limited, it was sufficient to examine the allegations presented. The ECCC took additional precautionary steps to help prevent (or reveal) corruption. As of October 2012, the tribunal reinstituted weekly office hours for the Independent Counselor at the ECCC itself (rather than at the Independent Counselor’s office) to receive allegations of corruption. The Independent Counselor could also VerDate Mar<15>2010 18:06 Dec 24, 2013 Jkt 232001 receive allegations outside scheduled office hours. Embassy Phnom Penh is not aware of any reported allegations since that time. In addition, ECCC administrative leadership conducted an all-staff meeting in October to announce the availability of the Independent Counselor and highlight procedures to report corruption confidentially. ECCC section heads were also brought together to examine allegations of staff kickbacks. These efforts have not produced any evidence of corruption. Based on the efforts of the ECCC officials and the independent auditors, no credible evidence of corruption or major mismanagement was discovered. With the appointment of Mark Harmon as the new international CoInvestigating Judge in 2012, there has been renewed progress in Case 003 and 004 investigations. Since his arrival in October 2012, Judge Harmon has nearly fully staffed an office that had been affected by departures and established a constructive working relationship with his counterpart You Bunleng. While Judge Bunleng has not publicly agreed that the Case 003 and 004 investigations should go forward, he is also not obstructing Judge Harmon’s investigative efforts. The Case 003 and 004 investigations under Judge Harmon are proceeding expeditiously, and ECCC officials expect that they will be completed in the first half of 2014 absent unexpected delays. The ECCC’s jurisdiction over suspects in the Cases 003/004 has yet to be resolved; therefore the co-investigating judges have not made a final determination on whether these individuals should be indicted. Should the national and international coinvestigating judges disagree on an indictment at the conclusion of the investigation, there is a formal process under the governing documents of the ECCC for resolving this disagreement in the Pre-Trial Chamber. Certification and United States Policy Objectives This certification recognizes the efforts of the UN and the RGC to address allegations of corruption and mismanagement within the ECCC. It is not an indication, however, that their responsibilities have concluded. 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 UN and the RGC to ensure that the ECCC remains judicially independent, corruption-free and well-managed. [FR Doc. 2013–30819 Filed 12–24–13; 8:45 am] BILLING CODE 4710–30–P PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 TENNESSEE VALLEY AUTHORITY Meeting of the Regional Energy Resource Council Tennessee Valley Authority (TVA). ACTION: Notice of Meeting. AGENCY: The TVA Regional Energy Resource Council (RERC) will hold an orientation meeting on Wednesday and Thursday, January 22 and 23, 2014, regarding regional energy related issues in the Tennessee Valley. The RERC was established to advise TVA on its energy resource activities and the priorities among competing objectives and values. Notice of this meeting is given under the Federal Advisory Committee Act (FACA), 5 U.S.C. App. 2. The meeting agenda includes the following: 1. Welcome and Introductions 2. TVA updates regarding recent Board of Directors decisions 3. Presentations and discussion concerning TVA’s Integrated Resource Planning process, focusing on TVA’s business objectives including rates, reliability, resiliency and environmental responsibility. 4. Public Comments 5. Council Discussion on the balancing of TVA’s business objectives during Integrated Resource Planning. The RERC will hear opinions and views of citizens by providing a public comment session. The public comment session will be held at 10:00 a.m. EST, on January 23. Persons wishing to speak are requested to register at the door by 9:00 a.m. on Thursday, January 23 and will be called on during the public comment period. Handout materials should be limited to one printed page. Written comments are also invited and may be mailed to the Regional Energy Resource Council, Tennessee Valley Authority, 400 West Summit Hill Drive, WT–11 B, Knoxville, Tennessee 37902. DATES: The meeting will be held on Wednesday, January 22, from 12:45 to 4:45 p.m. and Thursday, January 23 from 8:00 a.m. to noon EST. ADDRESSES: The meeting will be held at the Tennessee Valley Authority, 400 West Summit Hill Drive, Knoxville, TN 37902 and will be open to the public. Anyone needing special access or accommodations should let the contact below know at least a week in advance. FOR FURTHER INFORMATION CONTACT: Beth Keel, 400 West Summit Hill Drive, WT– 11 B, Knoxville, Tennessee 37902, (865) 632–6113. SUMMARY: E:\FR\FM\26DEN1.SGM 26DEN1

Agencies

[Federal Register Volume 78, Number 248 (Thursday, December 26, 2013)]
[Notices]
[Pages 78463-78466]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30819]


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

DEPARTMENT OF STATE

[Public Notice 8574]


Summary of the Certification Related to the Khmer Rouge Tribunal

    On June 26, 2013, Deputy Secretary William Burns signed a required 
certification for the Khmer Rouge Tribunal, per section 7044(c) of the 
Department of State, Foreign Operations, and Related Programs Act, 2012 
(Division I, Pub. L. 112-74) as carried forward by the Full-Year 
Continuing Appropriation Act, 2013 (Div. F, Pub. L. 113-6), that the 
United Nations and the Royal 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'').
    The Certification and related Memorandum of Justification are to be 
provided to the appropriate committees of the Congress and published in 
the Federal Register.
    I am signing the below to verify and affirm Deputy Secretary Burns 
signature and meet the requirements for publication of these documents 
in the Federal Register.

    Dated: December 10, 2013.
Ed Shin,
Special Assistant for Deputy Secretary Burns.

[[Page 78464]]

[GRAPHIC] [TIFF OMITTED] TN26DE13.088

    Section 7044(c) of the Department of State, Foreign Operations 
Appropriations Act, 2012 (Div. I, P.L. 112-74), as carried forward by 
the Full-Year Continuing Appropriations Act, 2013 (Div. F, P.L. 113-6)

[[Page 78465]]

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, AS 
CARRIED FORWARD BY THE FULL-YEAR CONTINUING APPROPRIATIONS ACT, 2013
    Section 7044(c) of the Department of State, Foreign Operations, and 
Related Program Appropriations Act, 2012 (Div. I P.L. 112-74), as 
carried forward by the Full-Year Continuing Appropriations Act, 2013 
(Div. F, P.L. 113-6), 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 and Royal 
Government of Cambodia are taking credible steps to address allegations 
of corruption and mismanagement within the ECCC. Deputy Secretary Burns 
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 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 agreed that 
proceedings throughout Case 001 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, with court officials seeking to reach a 
verdict in 2014. In response to pre-trial motions, the Court found Ms. 
Ieng Thirith, the Khmer Rouge's Minister of Social Affairs, mentally 
incompetent to stand trial. She was released from custody in September 
2012 after several appeals. Co-accused Ieng Sary, Foreign Minister 
during the Khmer Rouge regime, died on March 14, 2013, before a 
judgment could be rendered against him. 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 Determination and 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, 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 (IC), who is semi-autonomous from the Tribunal's 
administration, the UN, the RGC, and donor states, to hear and address 
allegations of corruption at the ECCC. The guidelines established for 
the Independent Counselor confirm his 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 within 
Cambodia. The Human Rights Center of the University of California, 
Berkeley, conducted a survey across 125 Communes nationwide. The 
Center's final report, released in 2011, revealed that an increasing 
number of Cambodians have confidence in the court.
    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, ``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 
on the ECCC to provide advice and assistance to successfully conduct a 
high-profile war crimes tribunal. In furtherance of this mandate, the 
UN tasked the Special Expert 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, former U.S. Ambassador-at-Large for War Crimes Issues 
(2006-2009). Williamson was succeeded in January 2012 by David 
Scheffer, also a former U.S. 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 monitor 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

[[Page 78466]]

Economic and Social Affairs. The UN Office of Legal Affairs actively 
engages on judicial management issues. For example, that office 
recommended 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, and the ECCC accepted the recommendation.
    Embassy Phnom Penh was notified of allegations of financial 
misconduct at the ECCC in September 2012, but a full UN investigation, 
including an independent audit, later proved the allegations false. In 
September, an outside observer approached an Embassy officer alleging 
that ECCC staff paid kickbacks on salaries and that large-scale 
financial misconduct occurred with donor money. The source did not 
offer any evidence and quoted only anonymous sources, but the Embassy 
assessed that the allegations were serious enough to warrant 
notification of ECCC officials. Within days of receiving the Embassy's 
information, UN Special Expert on the ECCC David Scheffer traveled to 
Phnom Penh to investigate the allegations. The result of his initial 
investigation, which he shared with the UN in September 2012, showed 
small-scale misuse of resources, such as the use of a common television 
in a private office and the use of a vehicle for a single employee when 
it should have been designated to the motorpool. These misuses of 
resources were immediately corrected.
    The ECCC subsequently retained the independent accounting firm 
Ernst & Young to conduct a spot audit of the Victim Support Section, 
where the anonymous sources had alleged that major misconduct had taken 
place. The spot audit examined financial assets and expenditures during 
the April-June 2012 time period and the inventory of physical assets. 
The results of the audit, made available to the U.S. government in 
December 2012, revealed that no major irregularities occurred. The spot 
audit found that ``no exceptions were noted'' when comparing receipts 
of funds and disbursements of funds. Some computer equipment did not 
display correct serial numbers, but there was no evidence that any 
equipment was misused. While the spot audit was limited, it was 
sufficient to examine the allegations presented.
    The ECCC took additional precautionary steps to help prevent (or 
reveal) corruption. As of October 2012, the tribunal reinstituted 
weekly office hours for the Independent Counselor at the ECCC itself 
(rather than at the Independent Counselor's office) to receive 
allegations of corruption. The Independent Counselor could also receive 
allegations outside scheduled office hours. Embassy Phnom Penh is not 
aware of any reported allegations since that time. In addition, ECCC 
administrative leadership conducted an all-staff meeting in October to 
announce the availability of the Independent Counselor and highlight 
procedures to report corruption confidentially. ECCC section heads were 
also brought together to examine allegations of staff kickbacks. These 
efforts have not produced any evidence of corruption. Based on the 
efforts of the ECCC officials and the independent auditors, no credible 
evidence of corruption or major mismanagement was discovered.
    With the appointment of Mark Harmon as the new international Co-
Investigating Judge in 2012, there has been renewed progress in Case 
003 and 004 investigations. Since his arrival in October 2012, Judge 
Harmon has nearly fully staffed an office that had been affected by 
departures and established a constructive working relationship with his 
counterpart You Bunleng. While Judge Bunleng has not publicly agreed 
that the Case 003 and 004 investigations should go forward, he is also 
not obstructing Judge Harmon's investigative efforts. The Case 003 and 
004 investigations under Judge Harmon are proceeding expeditiously, and 
ECCC officials expect that they will be completed in the first half of 
2014 absent unexpected delays.
    The ECCC's jurisdiction over suspects in the Cases 003/004 has yet 
to be resolved; 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 
on an indictment at the conclusion of the investigation, there is a 
formal process under the governing documents of the ECCC for resolving 
this disagreement in the Pre-Trial Chamber.
Certification and United States Policy Objectives
    This certification recognizes the efforts of the UN and the RGC to 
address allegations of corruption and mismanagement within the ECCC. It 
is not an indication, however, that their responsibilities have 
concluded. 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 UN and the RGC to ensure that the ECCC 
remains judicially independent, corruption-free and well-managed.

[FR Doc. 2013-30819 Filed 12-24-13; 8:45 am]
BILLING CODE 4710-30-P