Congressional Correspondences From Democratic Republic of Congo To State Department On U.S. Adoptions 2013

UNCLASSIFIED U.S. Department of State Case No. F-2015-06293 Doc No.
C05915316 Date: 02/11/2016
United States Department of State
Washington, D.C. 20520

RELEASE IN FULL
AUG - 6 2013
Dear Senator Thune:
Thank you for your letter of July 12 regarding your concerns about
adoptions from the Democratic Republic of the Congo (DRC). You accurately
outlined many of the challenges facing the consular staff in DRC. We share your
concerns and are taking every available measure to support*Embassy Kinshasa's
efforts to handle these challenges.
We would like to address some of the additional issues present as well as

actions already taken to assist Embassy Kinshasa. It is true that the significant rise
in the number of adoptions since 2008 has severely impacted Embassy Kinshasa's
ability to maintain processing times of previous years. As you point out, adoptions
by U.S. citizens of Congolese children more than doubled each year from fiscal
year 2008 (9) to 2011 (133). In fiscal year 2012, the number nearly doubled again
to 240 and indications are that this trend will likely continue for fiscal year 2013.
The number of U.S. adoption agencies operating in DRC increased from around
eight agencies in 2011 to nearly 30 agencies in approximately one year,
contributing to the increase in numbers.
During fiscal year 2013, a team from the Bureau of Consular Affairs (CA)
traveled to Kinshasa to evaluate workflow, caseload, and patterns of concern. The
growth in adoptions workload, as well as increases in all other consular services,
required this assessment so that CA could work to provide necessary resources to
the consular section. A new officer position was created this year, with the officer
arriving in May 2013. Physical space constraints limit the number of personnel
that can be assigned to Kinshasa. The Department has also been in communication
with U.S. Citizenship and Immigration Services throughout to ensure coordination
and cooperation on cases from the DRC.
U.S. regulations require that in every adoption case in a non-Hague country

an investigation be carried out to verify that the adopted child is eligible to
immigrate as an "orphan" under the definition in U.S. law. Because document
fraud is pervasive in DRC, field investigations are necessary to verify the
REVIEW AUTHORITY: Clarke Ellis, Senior Reviewer
The Honorable
John Thune,
United States Senate.
UNCLASSIFIED U.S. Department of State Case No. F-2015-06293 Doc No. C05915316 Date: 02/11/2016
UNCLASSIFIED
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UNCLASSIFIED U.S. Department of State Case No F-2015-06293 Doc No. C05915316 Date: 02/11/2016
information in an adopted child's documents. The Department issued an adoption

notice on February 7, 2013, in which we informed adoption agencies and adoptive
families that investigations will generally take three to six months to complete
because of documentary concerns and country conditions. Case reviews may take
longer if children come from an area experiencing civil unrest or where the
security situation does not allow Embassy staff to travel safely.
As of July 19, Embassy Kinshasa has completed 90 investigations since the

February 7 adoption notice. Of those 90 cases, 17 cases received visas, eight were
sent to USCIS as either not clearly approvable or with a recommendation for
revocation, and two cases have been closed due to the adoptive family choosing
not to continue the adoption or a confirmed fraud finding by Congolese authorities.
The remaining 63 cases are currently at the immigrant visa interview stage, either
having an interview scheduled, pending scheduling, or recently completed. An
additional 139 investigations are pending. The Department understands that
USCIS will provide information to your other requests that fall under their
purview.
As we stated above, we are taking every available measure to support

Embassy Kinshasa's efforts to handle the increased workload. The Embassy's
consular officers are processing cases as expeditiously as possible and expediting
cases involving children in life-or-death situations. They are also conducting
investigations prior to the visa interview so that U.S. families will hopefully only
need to travel to the DRC once. The Department has issued six adoption notices
and alerts since the February 7 notice, providing adoptive families with further
guidance on Congolese procedures and clarifying the Embassy's procedures. We
have also encouraged families and agencies to contact the Department's Office of
Children's Issues with any questions so that the staff at Embassy Kinshasa may
continue to focus on completing investigations.
We trust this information is helpful to you. Please feel free to contact Sarah
Shaffer in the Office of Children's Issues via email at ShafferSF@state.gov or
phone at 1-888-407-4747 if we can be of further assistance.
(
S. erely,
homas B. Gibbons
Acting Assistant Secretary
Legislative Affairs
•
UNCLASSIFIED U.S. Department of State Case No. F-2015-06293 Doc No C05915316 Date: 02/11/2016
AUG - 6 2013
Dear Senator Landrieu:
concerns and are taking every available measure to support Embassy Kinshasa's


The Honorable
Mary Landrieu,
!r UNCLASSIFIED U.S. Department of State Case No. F-2015-06293 Doc No. C05915316 Date: 02/11/2016
71, S $
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purview.

guidance on Congolese procedures and clarifying the Embassy's prodedures. We
Thomas B. Gibbons
Legislative Affairs
rt
AUG - 6 2013
Dear Senator Donnelly:

ability to maintain processing times, of previous years. As you point out, adoptions

The Honorable
Joe Donnelly,
•
UNCLASSIFIED U.S. Department of State Case No. F-2015-06293 Doc No. C05915316 Date:.02/1/2016-
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purview.

guidance. on Congolese procedures and clarifying the Embassy's procedures. We
Sincerely,
Thomas B. Gibbons
Legislative Affairs
UNCLASSIFIED U.S. Department of State Case No. F-2015-06293 Doc No. c0661.631e Date:Eti 1/26/6
AUG - 6 2013
Dear Senator Blunt:
efforts to handle these Challenges.


The Honorable
Roy Blunt,
•. .


purview.

Sincerely,
Thomas B. Gibbons
Legislative Affairs
•
UNCLASSIFIED U.S. Department of State Case No. F-2015-06293 Doc No. c0591531e Date: 62/11/2016
AUG -‘6 2013

Dear Senator Kirk:

ability to maintain processing times of previous years. As you Point out, adoptions

The Honorable
Mark Kirk,
• UNCLASSIFIED U.S. Department of State Case No. F-2015-06293 Doc No. C05915316 Date: 02/11/2016
4„.
UNCLASSIFIED U.S. Department of State Case No. F-2015-06293 Doc No. C05915316 Date: 02/11/2016 -rc--
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purview.

Sincerely,
Thomas B. Gibbons
Legislative Affairs
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Incoming H20130718-003
file ://esocoeentap101/hpublid/Office/H%20Congressional%20Library/CCU/Imag
es/Original_Documents/H20130718=0030001.pdf
Approved: CA/OCS:JDPettit (ok)
Drafted: CA/OCS/CI:SFShaffer, x3-1280
Cleared: CA/OCS:MBemier-Toth (ok)

CA:SSJacobs (ok)
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CA/FPP:ISGray (info)
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CA/P:TMazin (ok)
CA/VO/F/P:SIMyers (ok)
CANO/L/A:MCMcNeil (ok)
AF/C:DMRenna (ok)
Kinshasa/CONS:AGWinkelman (ok)
H:MRAvery (ok)
L/CA:KAJackson (ok)
CONGRESSIONAL CORRESPONDENCE
UNCLASSIFIED
Subject: Writing regarding your concerns about adoptions from the Democratic
Republic of the Congo (DRC)
H20130718=003 Thune/Landrieu
Donnelly/Blunt/Kirk 08/05/2013
Gibbons
7/31/2013 Workflow Harris, H Task Clearance (P) was started. Participants: Avery, Mary R,
4:08 PM Initiated. Amanda M Wayman, James L, Ofori, Nuku K
7/31/2013 Task Harris, Task created for Avery, Mary R. Due by: 8/1/2013 12:00:00 AM
4:08 PM Created Amanda M
7/31/2013 Task Harris, Task created for Wayman, James L. Due by: 8/1/2013 12:00:00
4:08 PM Created Amanda M AM
7/31/2013 Task Harris, Task created for Ofori, Nuku K. Due by: 8/1/2013,12:00:00 AM
4:08 PM Created Amanda M
8/1/2013 Task Harris, Task assigned to Wayman, James L was delegated by Harris, Delegated by
8:30 AM Completed Amanda M Amanda M. Comments: Please approve H20130718=003 - Thune Hams, Amanda
(+4) - (Multi-signer: Landrieu, Donnelly, Kirk and Blunt) Letter to M to Lang, Alan
SecState and Director of USCIS Mayorkas requesting immediate
steps be...
8/1/2013 Task Harris, Task created for Lang, Alan. Due by: 8/1/2013 12:00:00 AM
8:30 AM Created Amanda M
8/1/2013 Task Avery, Task assigned to Avery, Mary R was approved by Avery, Mary R. Approved by
9:05 AM Completed Mary R Comments: Avery, Mary R
8/1/2013 Task Lang, Alan Task assigned to Lang, Alan was approved by Lang, Alan. Approved by
2:26 PM Completed Comments: Lang, Alan
8/1/2013 Task Ofori, Task assigned to Ofori, Nuku K was approved by Ofori, Nuku K. Approved by
7:21 PM Completed Nuku K Comments: Ofori, Nuku K
8/2/2013 Task Harris Task created for Plath, Cynthia. Due by: None
8/2/2013 Task Plath Task assigned to Plath, Cynthia was delegated by Plath, Cynthia. Delegated by
8:57 AM Completed Cynthia Comments: Mary, did we clear this with USCIS? Are they preparing Plath, Cynthia to
a response as well? Avery, Mary R
8/2/2013 Task Harris Task created for Avery, Mary R. Due by: None
8/2/2013 Task Avery, Task assigned to Avery, Mary R was approved by Avery, Mary R. Approved by
9:24 AM Completed Mary R Comments: Avery, Mary R
8/2/2013 Task Harris. Task created for Gibbons, Thomas B. Due by: 8/3/2013 10:37:03
10:37 AM Created Amanda M AM
8/2/2013 Task Gibbons, Task assigned to Gibbons, Thomas B was approved by Gibbons,
5:28 PM Completed Thomas B Thomas B. Comments:
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The Honorable John Kerry The Honorable Alejandro Mayorkas

Secretary of State Director
U.S. Department of State U.S. Citizenship and Immigration Services
2201 C Street NW 301 7th Street SW
Washington, DC 20520 Washington, DC 20528
Dear Secretary Kerry and Director Mayorkas:
As the result of the recent growth in adoption requests in the Democratic Republic of the Congo
as well as the limited staff at the US Embassy in Kinshasa, we are requesting your continued
attention to this matter and request you take immediate steps to complete the processing of
pending applications in a timely manner. As you may recall, your agencies worked jointly to
resolve similar problems in Nepal and Ethiopia in recent years.
We understand that a decision was made recently to conduct all 1-604 investigations as field
investigations as opposed to over the telephone. This change coupled with the growing
workload has resulted in an increase in the time anticipated to complete this process by three to
six months. While we greatly appreciate the staff's commitment to doing a thorough job and
ensuring the children of the Democratic Republic of the Congo meet the definition of "orphan"
under U.S. law, we are also aware of the need for these children to be united with their adoptive
families as expeditiously as possible. While we agree that great care should be taken when
determining a life changing event like adoption, the significant rise in adoption petitions filed for
children from the Congo in the past few years has impeded post's ability to process the cases in a
timely fashion. Adoptions grew in the last four years from 9 cases in 2008, to 133 cases in
2011. And at this time, we understand that adoptions are on pace to double again this year.
It has come to our attention that because of the growing number of adoption cases and the recent
changes to processing protocols, the US Embassy in Kinshasa is struggling to complete these
cases both properly and promptly. When a family applies for orphan status on behalf of an
adopted child, one of the final steps of the international adoption process, they have already
gained legal custody of the child in the eyes of the Congolese government. While we recognize
the importance of protocols to ensure the integrity of the adoption process, we strongly
encourage both agencies to review the need for the new protocol in every case.
We also request that the Department of State and USCIS jointly provide information about each
of the following items:
1) The number of Form 1-600 (adoption petitions) and currently pending Form 1-604 orphan
investigations in Congo (because preliminarily approved at the National Benefits Center
(NBC) and forwarded to the Embassy or filed in country at the Embassy for
adjudication);
2) The number of approved Form I-600A applications on file with the Embassy for which
no Form 1-600 has yet been filed (either at the NBC or in country)
3) The number of Form 1-600 petitions pending preliminary adjudication at the NBC or at
Embassy Kinshasa.
4) The number of Form 1-600A applications pending adjudication at the NBC.
Additionally, we would like to know the number of I-600 petitions over the past two years that
have been denied, returned to NBC for revocation, or deemed not clearly approvable, as well as a
description of the final outcomes of these cases. Please provide answers to these questions no
later than July 26, 2013.
We applaud the staff at the US Embassy in Kinshasa who continue to work diligently to provide
the highest level of service possible to these children and families. Thank you for your time and
attention to this important matter.
Sincerely,
THUNE M
aZ Le, EU
4,41.L3
nited States Senator ted S • tes Senator
ROY L T
United States Senator
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-UNCLASSIFIED U.S. Department of State Case No. F-2015-06293 Doc No. C05915316 Date: 02/11/2016
JUL- 5 2013
Dear Senator Shaheen:
Thank you for your June 20 letter regarding U.S. citizen journalists
Austin Tice and James Foley, who are missing in Syria.
The safety and protection of U.S. citizens living and traveling

overseas is the U.S. Department of State's top priority. The Department of
State has worked tirelessly to obtain information as to both Mr. Tice's. and
Mr. Foley's welfare and whereabouts in the months since they have gone
missing, in August and November 2012, respectively, and we are still
engaged in diplomatic efforts to this end.
The Department has engaged the Syrian government, both in

Washington, D.C., and through our Czech Protecting Power in Damascus, to
request information regarding Mr. Tice's and Mr. Foley's welfare and
whereabouts. The Syrian Ministry of Foreign Affairs has responded to our
diplomatic notes by stating that they have no record of Mr. Tice having
entered Syria and that he has never been in their custody. Multiple sources,
however, place him in Syria at the time of his disappearance and we
continue to believe that Mr. Tice is in Syrian government custody. To date,
the Department of State has not received any responses through the Czech
Protecting Power to diplomatic inquiries about Mr. Foley.
The Department's Bureau of Consular Affairs was first in touch with

Mr. Foley's mother, Diane Foley, in December, immediately after learning
of Mr. Foley's disappearance. Consular Affairs has had regular contact with
the Foley family in recent months. Department of State colleagues met with
Ms. Foley on May 14 and May 20, 2013. The latter meeting was between
Ms. Foley and Ambassador Robert Ford, with Bureau of Near Eastern
Affairs and Consular Affairs colleagues in attendance.
The Honorable
Jeanne Shaheen,
L'i W.S“ VALTI•rULIF 1W1.1 ICALIVIIVAJLIWAV11,7411.../1:nqJ
In addition to consular efforts to locate Mr. Tice and Mr. Foley, the
Bureau of Near Eastern Affairs has actively inquired about both citizens'
whereabouts with its contacts inside Syria as well as with diplomatic
interlocutors. The Department of State believes Mr. Tice's and Mr. Foley's
last known location to have been inside Syria and therefore plans to continue
its efforts to seek information as to their welfare and whereabouts there.
The Department has requested that Russia use its influence with the-
Syrian regime to facilitate Mr. Tice's and Mr. Foley's release. In early May,
Under Secretary for Political Affairs Wendy Sherman spoke with the
Russian Ambassador to the United States, Sergey Kislyak, to request that
Mr. Tice's and Mr. Foley's cases be raised with the Syrian government.
We will continue to employ diplomatic channels to contact the Syrian

government to try to locate Mr. Tice and Mr. Foley and ensure their safety.
We trust this information is helpful in addressing your concerns. Please

feel free to contact Ms. Carrie Greene in the Bureau of Consular Affairs, Office
of American Citizens Services and Crisis Management at 202-647-5395, if we.
can be of further assistance.
Sincerely,
Thomas B. Gibbons
Legislative Affairs
JUL -5 2013
Dear Senator Cornyn:
Austin'Tice and James Foley, who are missing in Syria.

State has worked tirelessly to obtain information as to both Mr. Tice's and

the Department of State has not received any responses through the Ciech

The Honorable
John Cornyn,
UNCLASSIFIED U.S. Department of State Case No. F-2015-06293 Doc No. C05915316 Date: 02/11/2016._
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UNCLASSIFIED U.S. Department of State Case No. F-2015-06293 Doc No. C05'915316 Date: 02/11/2016
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We have also been in regular communication with the Tice family

since learning of his disappearance in August 2012, meeting with them in
person on September 11 and November 8, 2012. To the extent possible the
Department of State has fulfilled requests from the Tice family to raise their
son's case in diplomatic conversations.
The Department has requested that Russia use its influence with the


of American Citizens Services and Crisis Management at 202-647-5395, if we
Sincerely,
••
Thomas B. Gibbons
Legislative Affairs
77:7717"
JUL - 5 2013
Dear Senator Cruz:



The Honorable
Ted Cruz,
• Ti7X,prig •
UNCLASSIFIED U.S. Department of State Case No. F-2015-06293 Doc No. C05915316 Date 02/11/2016
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Sincerely,
Thomas B. Gibbons
Legislative Affairs
JUL 5 2013
Dear Senator Ayotte:


diplomatic notes by stating that they have no record of Mr. Tice having.

The Honorable
Kelly Ayotte,
Al:
. • • '
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Sincerely,
Thomas B. Gibbons
Legislative Affairs
,tote,
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UNCLASSIFIED U.S: Department-of State Case No F-2015-0629Y-69-c-Tio7C061155T6 67r!
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Drafted: CAJOCS/ACS/NESCA: CPGreene 7-5395, 781-249-0377
Cleared: CA/OCS: MBernier-Toth ok

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Tasking Number: HB20130620003
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UNCLASSIFIED U.S. Department of State Case No. F-2015-06293 Doc No. C05915316 Date 02/11/2016
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Sent: Friday, June 28, 2013 5:52 PM
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Subject: PDAS Review has completed on H20130620=003 Cornyn-Multi-signer letter (Cruz, Shaheen,
Ayotte) expressing continued concern for the welfare of amcits, Austin Tice and James Foley,
who have been missing in Syria for months..
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and James Foley, who have been Missing in Syria f6r months. has.suCceSSfullY -completed. :Alt.par6cipants have- cOthOld00 their tasks.
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Approved by Gibbons, Thomas B
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CONGRESSIONAL CORRESPONDENCE
UNCLASSIFIED
Subject: Writing regarding U.S. citizen journalists Austin Tice and James
Foley, who are missing in Syria
H20130620=003 Cornyn/Shaheen/Cruz/Ayotte 07/01/2013
Gibbons
6/24/2013 Workflow Harris, H Task Clearance (P) was started. Participants:

3:43 PM Initiated Amanda M Center, Adam M, Wayman, James L, Ofori, Nuku K
6/24/2013 Task Created Harris, Task created for.Center, Adam M. Due by:
3:43 PM Amanda M 6/25/2013 12:00:00 AM
6/24/2013 Task Created Harris, Task created for Wayman, James L. Due by:
3:43 PM Amanda M 6/25/2013 12:00:00 AM
6/24/2013 Task Created Harris, Task.created for Ofori, Nuku K. Due by:
3:43 PM Amanda 'M 6/25/2013 12:00:00 AM
6/24/2013 Task Wayman, Task assigned to Wayman, James L was approved Approved by
3:50 PM Completed James L by Wayman, James L Comments: Wayman, James L
6/24/2013 Task Center, Adam Task assigned to Center, Adam M was approved Approved by
4:47 PM Completed M by 'Center, Adam M. Comments: Center; Adam M
6/25/2013 Task Ofori, Nuku K Task assigned to Ofori, Nuku K was approved by Approved by Ofori,
7:10 PM Completed Ofori, Nuku K. Comments: Nuku K
6/26/2013 Task Created Harris. Task created.forPlath, Cynthia. Due by: None
8:47 AM Amanda M
6/27/2013 Task Plath. Task assigned to Plath, Cynthia was approved by Approved by Plath,
12:36 PM Completed Cynthia Plath, Cynthia. Comments: Cynthia
6/28/2013 Task Created Reed Task created for Gibbons, Thomas B. Due by:
12:04 PM Roxanne L 6/29/2013 12:04:54 PM
6/28/2013 Task Gibbons. Task assigned to Gibbons, Thomas B was Approved by
5:52 PM Completed Thomas B approved by Gibbons, Thomas B. Comments: Gibbons, Thomas B
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UNCLASSIFIED U.S. Department of State Case No. F-2015-06293 Doc No. C05915316 Date: 02/11/2(
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WASHINGTON, DC 20510
June 20, 2013
The Honorable John Kerry

Secretary of State
U.S. Department of State
2201 C Street, NW
Washington, DC 20520
Dear Secretary Kerry:
We write today to express our continued concern for the welfare of U.S. citizens Austin Tice and
James Foley, who have been missing in Syria for months.
As you know, Mr. Tice is a former Marine and freelance journalist who has been missing in
Syria since August 13, 2012. We understand that his whereabouts remain unknown at this time,
although your Department has indicated that they continue to believe Mr. Tice is being held in
Syrian government custody.
Likewise, Mr. Foley is a freelance journalist who disappeared in Syria on November 22, 2012,
while he was in Idlib Province. Mr. Foley was a contributor to the GlobalPost, which has
reported that following their investigation inside Syria, they have strong evidence Mr. Foley is
being held by the Syrian government.
As the months continue to pass with no further information regarding Mr. Tice's or Mr. Foley's
whereabouts or welfare, we ask for your continued personal attention to these cases and urge you
to use every resource and means available to assist in the location and return of Mr. Tice and Mr.
Foley to the United States.
Specifically, we urge you to continue raising the issue of U.S. citizens being held captive in
Syria with your Russian counterparts, as well as to make the issue of these captives a high-level
priority at the proposed peace talks in Geneva and any future peace talks.
Thank you for your prompt attention to this serious matter.
Sincerely,
JOHN ORNYN C
ANNE SHAHEEN'
TED
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UZ KELLY A OTTE
United States Senator United States Senator
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Congressional Correspondences From Democratic Republic of Congo To State Department On U.S. Adoptions 2013

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Congressional Correspondences From Democratic Republic of Congo To State Department On U.S. Adoptions 2013

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UNCLASSIFIED U.S. Department of State Case No. F-2015-06293 Doc No.

C05915316 Date: 02/11/2016

United States Department of State

Washington, D.C. 20520

We would like to address some of the additional issues present as well as

U.S. regulations require that in every adoption case in a non-Hague country

REVIEW AUTHORITY: Clarke Ellis, Senior Reviewer

information in an adopted child's documents. The Department issued an adoption

As of July 19, Embassy Kinshasa has completed 90 investigations since the

As we stated above, we are taking every available measure to support

United States Department of State

Washington, D.C. 20520

We would like to address some of the additional issues present as well as

U.S. regulations require that in every adoption case in a non-Hague country

information in an adopted child's documents. The Department issued an adoption

As of July 19, Embassy Kinshasa has completed 90 investigations since the

As we stated above, we are taking every available measure to support

United States Department of State

Washington, D.C. 20520

We would like to address some of the additional issues present as well as

U.S. regulations require that in every adoption case in a non-Hague country

information in an adopted child's documents. The Department issued an adoption

As of July 19, Embassy Kinshasa has completed 90 investigations since the

As we stated above, we are taking every available measure to support

United States Department of State

Washington, D.C. 20520

We would like to address some of the additional issues present as well as

U.S. regulations require that in every adoption case in a non-Hague country

information in an adopted child's documents. The Department issued an adoption

As of July 19, Embassy Kinshasa has completed 90 investigations since the

As we stated above, we are taking every available measure to support

United States Department of State

Washington, D.C. 20520

AUG -‘6 2013

We would like to address some of the additional issues present as well as

U.S. regulations require that in every adoption case in a non-Hague country

information in an adopted child's documents. The Department issued an adoption

As of July 19, Embassy Kinshasa has completed 90 investigations since the

As we stated above, we are taking every available measure to support

Approved: CA/OCS:JDPettit (ok)

Drafted: CA/OCS/CI:SFShaffer, x3-1280

Cleared: CA/OCS:MBemier-Toth (ok)

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FROM Aririt crliitr**Viiivr4s (}04)0J

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The Honorable John Kerry The Honorable Alejandro Mayorkas

Dear Secretary Kerry and Director Mayorkas:

United States Department of State

Washington, D.C. 20520

Dear Senator Shaheen:

The safety and protection of U.S. citizens living and traveling

The Department has engaged the Syrian government, both in

The Department's Bureau of Consular Affairs was first in touch with

L'i W.S“ VALTI•rULIF 1W1.1 ICALIVIIVAJLIWAV11,7411.../1:nqJ

We will continue to employ diplomatic channels to contact the Syrian

We trust this information is helpful in addressing your concerns. Please

United States Department of State

United tatts mate