104-621: The Bureau of Consular Affairs ( CA ) is a bureau of the United States Department of State reporting to the under secretary of state for management . The mission of the Bureau is to administer laws, formulate regulations and implement policies relating to the broad range of consular services and immigration . As of 2021, the bureau is headed by the Assistant Secretary of State for Consular Affairs , Rena Bitter . The precursor to
208-637: A bi-national Fulbright Commission administers and oversees the Fulbright Program. In countries without a Fulbright Commission but that have an active program, the Public Affairs Section of the US Embassy oversees the Fulbright Program. More than 360,000 persons have participated in the program since it began. Fifty-four Fulbright alumni have won Nobel Prizes ; eighty-two have won Pulitzer Prizes . The National Security Language Initiative (NSLI-Y)
312-404: A career; consequently, appointments to either service fell on those with the financial means to sustain their work abroad. Combined with the common practice of appointing individuals based on politics or patronage, rather than merit, this led the department to largely favor those with political networks and wealth, rather than skill and knowledge. In 1833, Secretary of State Louis McLane oversaw
416-607: A civilian workforce, and normally uses the Foreign Service personnel system for positions that require service abroad. Employees may be assigned to diplomatic missions abroad to represent the United States, analyze and report on political, economic, and social trends; adjudicate visas; and respond to the needs of US citizens abroad. The US maintains diplomatic relations with about 180 countries and maintains relations with many international organizations, adding up to 273 posts around
520-563: A court to order the return of a child under Article 12 of the Convention, these conditions must be met: Even if the above conditions are met, the court might not order the return of the child because of the exceptions specified in Articles 12 and 13. Special Commissioner meeting held in Hague, Netherlands in 2023, Hague Conference reaffirmed the common goal of Hague convention and UNCRC , by making
624-548: A curriculum vitae, a statement of interest and a written essay. Opportunity is provided to upload letters of recommendations and nominations to support one's application. The Franklin Fellows Program was established in 2006 by the DoS to bring in mid-level executives from the private sector and non-profit organizations to advise the department and to work on projects. Fellows may also work with other government entities, including
728-412: A fact-based determination, avoiding legal technicalities. There are a few approaches to assessing habitual residence, depending on the court seized of the analysis. Rights of custody may arise by operation of law or from a judicial or administrative decision , or an agreement having legal effect under the law of the country of habitual residence. The explanatory report of the convention clarifies
832-855: A major restructure of the Department of State into a formal collection of seven bureaus: the Diplomatic Bureau; the Consular Bureau; the Home Bureau; the Bureau of Archives, Laws, and Commissions; the Bureau of Pardons and Remissions, Copyrights, and the Care of the Library; the Disbursing and Superintending Bureau; and the Translating and Miscellaneous Bureau. His successor John Forsyth reduced this number to just four
936-405: A matter of fact through evidence. In general, the rules of evidence for Convention applications must be “the most expeditious procedures available”, due to the Convention objectives: to secure the prompt return of children. As a result, several Contracting States conduct hearings with only affidavit or written evidence, although oral evidence and cross examination are allowed if credibility
1040-399: A new State, and then “rely on their children’s contentment to avoid being returned to the jurisdiction which should properly deal with their custody and residence.” Some Contracting States have legislated precision into the level of objection required. In Australia, family law regulations provide that the child must object to a return, and the objection must show a “strength of feeling beyond
1144-525: Is a US Department of State ECA competitive merit-based scholarship to develop the foreign language skills of American high school students in eight critical-need languages. Korean , Mandarin , Russian , Arabic , Hindi , Bahasa Indonesian , Tajiki , and Turkish are all taught in summer and academic year programs abroad, as well as in online classes. NSLI-Y is the most prestigious foreign language program available to American high schoolers and has nearly 9,200 alumni. The Jefferson Science Fellows Program
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#17328558424111248-521: Is at issue, or if the affidavit evidence is conflicting. In Canada, Convention applications are "typically heard on affidavit evidence". The same is true in the United Kingdom, Finland, and South Africa. In the Netherlands however, two hearings (and a child interview, if the child is above 6 years of age) will take place, and in the second hearing, the presence of all parties is "highly desirable" so
1352-501: Is managed by a senior official. The senior official in most bureaus is an Assistant Secretary of State , with some senior officials having other titles such as Director or Ambassador-at-Large . The final tier of senior leadership below Assistant Secretary is Deputy Assistant Secretary, of which there are several dozen. Staff below the Deputy Assistant Secretary rank are generally considered "working level." Officials from
1456-417: Is no formal agreement but one parent sees or spends time with the child, there may be a question as to whether or not that parent was actually exercising custody rights. For some Contracting States, "actually exercising" is defined broadly so that some minimal involvement between the parent and child is enough. For example, in a case from Quebec Canada, one parent’s telephone contact and occasional visits with
1560-454: Is taken in the UK. The parent seeking to defend against the return order can argue that the child objects to the return. A preference to remain in the new State because the child likes their new school and friends is not enough to amount to an objection. To accept a child’s preference as sufficient would undercut the objectives of the Convention, encouraging parents to abduct their children, settle in
1664-514: Is the first Cabinet official in the order of precedence and in the presidential line of succession . The position is currently held by Antony Blinken , who was appointed by President Joe Biden and confirmed by the U.S. Senate on January 26, 2021, by a vote of 78–22. As of 2024 , the State Department maintains 271 diplomatic posts worldwide, second only to the Ministry of Foreign Affairs of
1768-418: Is up to the parent applying for the child’s return to “adduce as much evidence as possible about the circumstances of the children's departure” which could include texts, emails and any deceitful behaviour on the part of the abducting parent (i.e. only a few of the child’s items were packed, fooling the left-behind parent into thinking that the trip was temporary). For this defence to apply, the application for
1872-459: Is used when one parent (the "abducting parent") allegedly removed or retained the child in a State other than the State of habitual residence, either: The Convention, by returning children to the State of habitual residence, deters parents from crossing international borders in search of a more sympathetic court (i.e. one who is more likely to rule on custody and access in their favor). In order for
1976-728: The Bureau of Intelligence and Research , and maintains a law enforcement arm , the Diplomatic Security Service (DSS). The Articles of Confederation did not designate a separate executive branch of the government. Foreign affairs were delegated to the Committee of Secret Correspondence by the Congress of the Confederation in 1775, based on the Committee of Correspondence that was used by
2080-458: The Central Authority . Each Contracting State is required to have a Central Authority to help facilitate the child's return. The Convention requires that no judicial or administrative authority in the State the child has been brought to shall decide the merits of custody or access until it has been determined that the child is not to be returned under the Convention. A court in the State
2184-563: The Foreign Service , a professionalized personnel system under which the secretary of state is authorized to assign diplomats abroad. An extremely difficult Foreign Service examination was also implemented to ensure highly qualified recruits, along with a merit-based system of promotions. The Rogers Act also created the Board of the Foreign Service, which advises the Secretary of State on managing
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#17328558424112288-514: The Immigration and Nationality Act (INA), consular officers overseas under the guidance of the Bureau's Office of Visa Services are responsible for issuing all non-immigrant and immigrant visas . (Over 7.75 million non-immigrant visa and approximately 744,000 immigrant visa cases were processed in fiscal year 2006.) The Bureau of Consular Affairs also administers the provisions of the INA as they relate to
2392-615: The State, War, and Navy Building in 1875. Since May 1947, the State Department has been based in the Harry S. Truman Building , which originally was intended to house the Department of Defense; it has since undergone several expansions and renovations, most recently in 2016. Previously known as the "Main State Building" , in September 2000 it was renamed in honor of President Harry S. Truman , who
2496-803: The Treasury Building and then the Seven Buildings at 19th Street and Pennsylvania Avenue. The State Department moved several times throughout the capital in the ensuing decades, including six buildings in September 1800; the War Office Building west of the White House the following May; the Treasury Building once more from September 1819 to November 1866; the Washington City Orphan Home from November 1866 to July 1875; and
2600-591: The U.S. president on international relations, administering diplomatic missions , negotiating international treaties and agreements, and representing the U.S. at the United Nations . The department is headquartered in the Harry S Truman Building , a few blocks from the White House , in the Foggy Bottom neighborhood of Washington, D.C. ; "Foggy Bottom" is thus sometimes used as a metonym . Established in 1789 as
2704-494: The environment . Notable alumni of YSEALI include Vico Sotto , Syed Saddiq , Carrie Tan , and Lee Chean Chung . Hague Abduction Convention The Hague Convention on the Civil Aspects of International Child Abduction or Hague Abduction Convention is a multilateral treaty that provides an expeditious method to return a child who was wrongfully taken by a parent from one country to another country. In order for
2808-517: The 1984 Act to Combat International Terrorism, the U.S. State Department established the Rewards for Justice program . The Rewards For Justice program offered money as an incentive for information leading to the arrest of leaders of terrorist groups, financiers of terrorism, including any individual that abide in plotting terror attacks by cooperating with extremist groups. The Rewards For Justice program offered money as an incentive for information leading to
2912-742: The 1996 reorganization, the Administrator of the US Agency for International Development (USAID), while leading an independent agency, also reports to the secretary of state, as does the US ambassador to the United Nations . From 1790 to 1800, the State Department was headquartered in Philadelphia , the national capital at the time. It occupied a building at Church and Fifth Street. In 1800, it moved from Philadelphia to Washington, D.C., where it briefly occupied
3016-664: The 19th century. However, the secretary of state still retains a few domestic responsibilities, such as serving as keeper of the Great Seal and being the officer to whom a president or vice president wishing to resign must deliver an instrument in writing declaring the decision. Reflecting the fledgling status of the US at the time, the Department of State under Secretary Jefferson comprised only six personnel, two diplomatic posts (in London and Paris), and 10 consular posts. When Jefferson took charge of
3120-698: The 2015–16 cycle, 17% and 24% of American applicants were successful in securing research and English Teaching Assistance grants, respectively. However, selectivity and application numbers vary substantially by country and by type of grant. For example, grants were awarded to 30% of Americans applying to teach English in Laos and 50% of applicants to do research in Laos. In contrast, 6% of applicants applying to teach English in Belgium were successful compared to 16% of applicants to do research in Belgium. The US Department of State's Bureau of Educational and Cultural Affairs sponsors
3224-570: The Bureau of Citizenship was tasked with vetting every person who entered or departed from the United States to ensure public safety. New branches of the Bureau of Citizenship were opened in New York and San Francisco. In the final months of World War I, the Bureau of Citizenship was split into the Division of Passport Control and the Visa Office. Other changes made during World War I include the conversion of
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3328-399: The Bureau of Consular Affairs, the Bureau of Security and Consular Affairs was created in 1952 upon passage of the Immigration and Nationality Act . The Bureau was charged with issuing visas and passports, and extending visas for non-immigrants in the United States. For a temporary period of time in 1954, the Bureau was known as the Bureau of Inspection, Security, and Consular Affairs. In 1979,
3432-538: The Bureau of Consular Affairs. Develops, installs, and provides training for the Bureau's automated information processing systems. Provides a full range of management support for the Bureau, including management of the Bureau's IT systems and infrastructure, human resources, and controlled consular supplies. Dedicated to providing resources, tools, and information that enhances consular officers' ability to detect and deter passport and visa fraud. Advises and supports U.S. citizens and U.S. embassies and consulates around
3536-474: The Bureau of Foreign Commerce was transferred to the newly created Department of Commerce and Labor , and the bureau was replaced by an office to facilitate the transfer of information between consular offices and the new department. The Passport Bureau was restored the same year, and its name was changed to the Bureau of Citizenship in 1907. The department underwent a major reform in 1909 when Congress expanded its funding. Separate divisions were established within
3640-489: The Central Authority or the courts directly, and any documents attached to that application, shall be admissible in proceedings for a child's return. Further, the court in which a Convention application is proceeding, when determining whether there is a wrongful removal or retention, may take judicial notice of the law in the State of habitual residence of the child, without requiring the parties prove that State’s law as
3744-951: The Congress , White House , and executive branch agencies, including the Department of Defense , Department of Commerce , and Department of Homeland Security . The program is named in honor of Benjamin Franklin , and aims to attract mid-career professionals to enrich and expand the department's capabilities. Unlike the Jefferson Science Fellows Program, a Franklin Fellowship is a year-long volunteer position for which one may obtain sponsor support or participate out of personal resources. Participation areas assigned to Franklin Fellows are determined by several factors, including issues of priority to
3848-469: The Contracting State to which return is sought. This means that a child, taken from State A to State B, will only be subject to a return order to State A if the court determines that the child’s habitual residence was State A at the time the child was taken. The Convention does not define the term "habitual residence", so it is open to the courts in each Contracting State to do so. It is intended to be
3952-423: The Convention objective and justify denying the return. Other jurisdictions look to the child to assess whether or not they are settled in their new environment by taking a literal approach to settlement. In Canada, one Court held that “to determine if a child is “now settled” in its new environment, a “child-centric” factual inquiry must be undertaken to determine the child’s actual circumstances.” The same approach
4056-406: The Convention to apply, both countries (the one the child was removed from, and the one the child has been brought to) must be Contracting States; i.e. both must have adopted the Convention. The Convention seeks to address international child abduction arising when a child is removed by one parent, when both parents have custody rights, or custody has yet to be determined. It was drafted to ensure
4160-458: The Court held that a parent’s ne exeat right, i.e. the right to consent before a child is moved to another country, is sufficient to give rise to rights of custody under the Convention. The General Principles and Guide to Good Practice, Hague Conference on Private International Law explains, at page 43, that a significant number of cases interpreting 'rights of custody' under the Convention supports
4264-574: The Department for Latin American Affairs, Far Eastern Affairs, Near Eastern Affairs, Western European Affairs, and Information. An additional Division of Mexican Affairs was established in 1915. The Bureau of Trade Relations was abolished in 1912 and replaced by an Office of Foreign Trade Advisers, and the Office of the Adviser on Commercial Treaties was split from this office in 1916. During World War I ,
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4368-483: The Department of State in coordination with United States Citizenship and Immigration Services and U.S. Immigration and Customs Enforcement within the United States Department of Homeland Security . The Office of Children's Issues creates, develops and coordinates policies and programs on international child abduction and international adoption issues. In this respect, it is the US Central Authority under
4472-405: The Department of State was the fourth most desired employer for undergraduates according to BusinessWeek . From 2009 to 2017, the State Department launched 21st Century Statecraft, with the official goal of "complementing traditional foreign policy tools with newly innovated and adapted instruments of statecraft that fully leverage the technologies of our interconnected world." The initiative
4576-469: The Department of State/USAID, to help with its daily operations. The program is applied for, follows a process starting in August, and takes about a year to learn a candidate's ranking results. Awards are not solely achievement based, but intelligence and writing skills should support one's suitability for the position as the committee determines. A candidate applies for the program online, which entails submitting
4680-523: The Division of Information into the Division of Foreign Intelligence in 1917 and the establishment of the Correspondence Bureau in 1918. The Division of Russian Affairs was established in 1919, and the Division of Political Information was established in 1920. The Department of State underwent its first major overhaul with the Rogers Act of 1924 , which merged the diplomatic and consular services into
4784-501: The Executive Branch, the Department of State is the lead US foreign affairs agency, and its head, the secretary of state, is the president's principal foreign policy advisor. The department advances US objectives and interests in the world through its primary role in developing and implementing the president's foreign policy. It also provides an array of important services to US citizens and to foreigners seeking to visit or immigrate to
4888-517: The Foreign Service, and the Board of Examiners of the Foreign Service, which administers the examination process. The post-Second World War period saw an unprecedented increase in funding and staff commensurate with the US's emergence as a superpower and its competition with the Soviet Union in the subsequent Cold War. Consequently, the number of domestic and overseas employees grew from roughly 2,000 in 1940 to over 13,000 in 1960. In accordance with
4992-535: The Fulbright Program from an annual appropriation from the U.S. Congress . Additional direct and in-kind support comes from partner governments, foundations, corporations, and host institutions both in and outside the US The Fulbright Program is administered by cooperating organizations like the Institute of International Education . It operates in over 160 countries around the world. In each of 49 countries,
5096-566: The Fulbright Program, competitively selected US citizens may become eligible for scholarships to study, conduct research, or exercise their talents abroad; and citizens of other countries may qualify to do the same in the United States. The program was established to increase mutual understanding between the people of the United States and other countries through the exchange of persons, knowledge, and skills. The Fulbright Program provides 8,000 grants annually to undertake graduate study, advanced research, university lecturing, and classroom teaching. In
5200-568: The Passport Bureau. The bureaus of law, translations, and domestic records each consisted of a single person responsible for that duty. A mail division was established in 1872 and the office of Keeper of Rolls was made independent of the Chief Clerk's Bureau in 1873. Congress legally recognized the bureau system and provided official salaries for some bureau positions in 1873. Following Congressional recognition, several acts of Congress modified
5304-481: The People's Republic of China . It also manages the U.S. Foreign Service , provides diplomatic training to U.S. officials and military personnel, exercises partial jurisdiction over immigration , and provides various services to Americans, such as issuing passports and visas , posting foreign travel advisories, and advancing commercial ties abroad. The department administers the oldest U.S. civilian intelligence agency,
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#17328558424115408-639: The Secretary through the Assistant Secretaries are nominated by the President and confirmed by the Senate. Under the Obama administration, the website of the Department of State had indicated that the State Department's 75,547 employees included 13,855 foreign service officers; 49,734 locally employed staff, whose duties are primarily serving overseas; and 10,171 predominantly domestic civil service employees. Since
5512-588: The State Department spending time in the United States and interacting with their American colleagues, leadership and counterparts. Notable alumni of Professional Fellows include Edmond Fernandes , Anoka Abeyratne . The Fulbright Program, including the Fulbright–Hays Program , is a program of competitive, merit-based grants for international educational exchange for students, scholars, teachers, professionals, scientists and artists, founded by United States Senator J. William Fulbright in 1946. Under
5616-450: The State in which the child was habitually resident immediately before the removal or retention; and (b) at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention. Habitual residence must be assessed first because whether or not a parent had rights of custody is determined by the law of the place of habitual residence . (See, for example
5720-433: The U.S. case Carrascosa v. McGuire , where the Court refused to accept a Spanish Court's decision that the father did not have rights of custody. The Spanish Courts never applied New Jersey law despite acknowledging that the child's place of habitual residence was New Jersey). An application for the return of a child can succeed only if a child was, immediately before the alleged removal or retention, habitually resident in
5824-503: The United States, including at land borders or air/sea ports of entry, are required to show proof of citizenship, which can include the passport book or passport card . The Acting Deputy Assistant Secretary of State for Passport Services is Don Jacobson. Passports may be issued domestically in the US as well as by US embassies or consulates abroad. In 2006, the Bureau began the widespread issuance of Electronic Passports or "e-passports." Following regulations established by Congress in
5928-449: The United States. All foreign affairs activities—US representation abroad, foreign assistance programs, countering international crime, foreign military training programs, the services the department provides, and more—are paid for out of the foreign affairs budget, which represents little more than 1% of the total federal budget. The department's core activities and purpose include: The Department of State conducts these activities with
6032-408: The abducting parent can prove that they reasonably believed that the other parent consented to a durable, lasting change in the residence of the child. Evidence that one parent deceived the other will likely vitiate any finding of consent. The burden of proof is on the abducting parent who is fighting the Convention application to show that the other parent did in fact consent or acquiesce. Then, it
6136-620: The age range of 18 to 35 years old from the 10 member-states of the Association of Southeast Asian Nations and Timor Leste . YSEALI's programs include competitive exchange fellowship programs to the United States , virtual and on-ground workshops within Southeast Asia , and seed grant funding opportunities. The programs fall under the key core themes of civic engagement , sustainable development , economic development , governance , and
6240-500: The analysis to classify the removal as wrongful, which is a question for the court requesting the Article 15 determination. An Article 15 determination from a Contracting State should be taken as conclusive to avoid further delays. The Convention provides special rules for admitting evidence, independent of the evidentiary standards set by the domestic laws of each Contracting State. Article 30 provides that any application submitted to
6344-430: The arrest of leaders of terrorist groups , financiers of terrorism, including any individual that abide in plotting terror attacks by cooperating with extremist groups . In 1997, Madeleine Albright became the first woman appointed Secretary of State and the first foreign-born woman to serve in the Cabinet. The 3rd millennium saw the department reinvent itself in response to the rapid digitization of society and
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#17328558424116448-473: The best interests of the child must be evaluated in the light of the exceptions provided for by the Hague Convention”. These exceptions are explained further below. Whether or not a parent was actually exercising their custody or access rights is arguable depending on the rights of custody held, based on the law of the State of habitual residence. If there is a clear court order that dictates custody or an access schedule, there will be little dispute. If there
6552-440: The care of the child and the right to determine the child’s place of residence, while “rights of access” includes the right to take the child for a period of time. Rights of custody may not be explicit or formal in order for them to be recognized by a court. In the Matter of K (A Child) (Northern Ireland), the Court ruled that the term rights of custody may include certain informal rights (called "inchoate rights"). In that case,
6656-476: The child (one visit in the year 2009) were considered sufficient to equate to an actual exercise of custody rights. Additionally, if custody has not yet been determined, it is possible that the court will find that the parent had rights of custody that “would have [been] exercised” had the child not been removed by the abducting parent. A parent can explicitly consent to the child’s removal or retention, or they can acquiesce , i.e. passively and implicitly accept
6760-404: The child has been brought to should not consider the merits of the underlying custody or access dispute, but should determine only the country in which that dispute should be adjudicated. The Convention provides that all Contracting States, as well as any judicial and administrative bodies of those Contracting States, "shall act expeditiously in all proceedings seeking the return of children", and
6864-485: The child lived with his maternal grandparents in Lithuania when, at the age of 7, the mother moved the child to Northern Ireland against the grandparent’s wishes. There was no custody order awarding the grandparents any rights of custody, but if they had applied for a custody order in Lithuania they would have likely been able to secure one. Specific and limited rights of custody may still amount to rights of custody for Convention purposes. For example, in Abbott v. Abbott ,
6968-422: The child “objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views ” under Article 13; or (e) "there is grave risk that the child's return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation," under Article 13(b); or (f) the court’s invokes its residual discretion under Article 20:
7072-492: The child’s return must have been commenced after 1 year of the removal or retention, and the child must be settled in the new State. The parent resisting the return order is advised to adduce as much evidence as possible about the child’s school, friendships, and community connections in the new State. In some jurisdictions, the courts refer to the primary purpose of the Convention (the return of children) to hold that only strong and compelling evidence of settlement can displace
7176-441: The colony of Massachusetts to communicate with the other colonies. The Committee of Secret Correspondence was renamed the Committee of Foreign Affairs in 1777. In 1781, the Department of Foreign Affairs was established as a permanent body to replace the Committee of Foreign Affairs, and the office of secretary of foreign affairs was established to lead the department. The U.S. Constitution , drafted September 1787 and ratified
7280-424: The convention; Botswana and Cape Verde being the most recent countries to accede, in 2022. The objectives of the Convention are set out in Article 1: to secure the prompt return of children wrongfully removed to or retained in any Contracting State; and, to ensure that rights of custody and of access under the law of one Contracting State are effectively respected in the other Contracting State. The Convention
7384-506: The country as well as a candidate's degree of career seniority and personal interests. See also Young Southeast Asian Leaders Initiative The Young Southeast Asian Leaders Initiative (YSEALI) (pronounced / w aɪ s iː ˈ l iː / ) is a program of the DoS for emerging leaders from Southeast Asia . The program was launched by President Barack Obama in Manila in December 2013 as a way to strengthen leadership development, networking, and cultural exchange among emerging leaders within
7488-539: The department, one clerk oversaw The Foreign Office and another oversaw the Home Office. Congress authorized the department hire a chief clerk for each office in June 1790, but the offices were consolidated under a single clerk the following month. In 1793, responsibility over patents was transferred from the cabinet to the Department of State. The office of superintendent of patents was created to carry out this responsibility, but
7592-482: The departments of Defense, Treasury, and Commerce. The department also consults with Congress about foreign policy initiatives and policies. The most senior official in the Department is the Secretary of State. The Secretary is the chief executive officer of the Department of State and a member of the Cabinet who answers directly to, and advises, the president of the United States . The Secretary organizes and supervises
7696-497: The entire department and its staff. Immediately subordinate to the Secretary are the Deputy Secretary and the Deputy Secretary for Management and Resources , the second- and third-highest ranking officials in the department. Ranking below the two Deputy Secretaries are six Under Secretaries , who each oversee several bureaus and offices tasked with specific areas of policy and administration. Each bureau or office, in turn,
7800-419: The first administrative arm of the U.S. executive branch , the State Department is considered among the most powerful and prestigious executive agencies. It is headed by the U.S. secretary of state , who reports directly to the U.S. president and is a member of the Cabinet . Analogous to a foreign minister , the secretary of state serves as the federal government's chief diplomat and representative abroad, and
7904-437: The following statement: These exceptions, however, must be applied restrictively . While the exceptions derive from a consideration of the interests of the child, they do not turn the return proceedings into custody proceedings (IV-1-15)... The Convention does not alter any substantive rights of the parents. When an abduction occurs, the parent seeking the child's return will commence proceedings by making an application to
8008-459: The following year, gave the president responsibility for conducting the federal government's affairs with foreign states. To that end, on July 21, 1789, the First Congress approved legislation to reestablish the Department of Foreign Affairs under the new government, which President George Washington signed into law on July 27, making the department the first federal agency to be created under
8112-546: The following year, overseen by a chief clerk: the Diplomatic Bureau; the Consular Bureau; the Home Bureau; and the Keeper of the Archives, Translator, and Disbursing Agent. The office of Commissioner of Patents was created in 1836. In 1842, the Department of State was required to report to Congress on foreign commercial systems, and a clerk within the department was assigned the responsibility of arranging this information. This position
8216-561: The global economy. In 2007, it launched an official blog, Dipnote , as well as a Twitter account of the same name, to engage with a global audience. Internally, it launched a wiki , Diplopedia ; a suggestion forum called the Sounding Board ; and a professional networking software, "Corridor". In May 2009, the Virtual Student Federal Service (VSFS) was created to provide remote internships to students. The same year,
8320-400: The institutions in each Contracting State "shall use the most expeditious procedures available" to ensure the prompt return specified in the Convention objectives. The Convention provides that the removal or retention of a child is "wrongful" whenever: (a) it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of
8424-425: The judge can "hear from you and the other parent". The Convention limits the defences available to the parent refuting the return application. To defend against the return of the child, the defendant parent must establish to the degree required by the applicable standard of proof (generally determined by the lex fori , i.e. the law of the State where the court is located), that one of the following apply: (a)
8528-406: The laws of the child's State of habitual residence, the court then determines whether or not those rights were “actually exercised”, making the removal or retention wrongful. Article 15 of the Convention is designed to promote cooperation amongst Contracting States. It provides that a Contracting State may, prior to making an order for the return of the child, request a decision or determination that
8632-482: The meaning of wrongful as: "the removal of a child by one of the joint holders without the consent of the other, is ... wrongful, and this wrongfulness derives in this particular case, not from some action in breach of a particular law, but from the fact that such action has disregarded the rights of the other parent which are also protected by law, and has interfered with their normal exercise." The Convention specifies that “rights of custody” includes rights relating to
8736-420: The mere expression of a preference or of ordinary wishes.” Courts have distinguished between a child objecting to being returned to the State of habitual residence, and an objection to being returned to the care of the left-behind parent. The Convention provides that a court will order “the return of the child wrongfully removed or retained to the State of habitual residence and not to the person requesting
8840-660: The new Constitution. This legislation remains the basic law of the Department of State. In September 1789, additional legislation changed the name of the agency to the Department of State and assigned it a variety of domestic duties, including managing the United States Mint , keeping the Great Seal of the United States , and administering the census . President Washington signed the new legislation on September 15. Most of these domestic duties gradually were transferred to various federal departments and agencies established in
8944-566: The office was not recognized by Congress until 1830. In the 19th century, the U.S. State Department was responsible for administering the consular services and Diplomatic Security Service (DSS). The Department of State was composed of two primary administrative units: the diplomatic service, which staffed US legations and embassies, and the consular service, which was primarily responsible for promoting American commerce abroad and assisting distressed American sailors. Each service developed separately, but both lacked sufficient funding to provide for
9048-474: The parent applying for the child’s return was not "actually exercising custody rights at the time of the removal or retention" under Article 13(a); or (b) the parent applying for the child’s return "had consented to or acquiesced in the removal or retention" under Article 13(a); or (c) the application for return commenced more than one year from the time of wrongful removal or retention and the child has "settled in its new environment", under Article 12; or (d)
9152-482: The prompt return of children wrongfully abducted from their country of habitual residence , or wrongfully retained in a country that is not their country of habitual residence. The Convention was developed by the Hague Conference on Private International Law (HCCH). The convention was concluded 25 October 1980 and entered into force between the signatories on 1 December 1983. As of 2022, there are 103 parties to
9256-421: The removal or retention was wrongful within the meaning of Article 3 of the Convention by that Contracting State’s law. The rationale behind Article 15 is that the foreign court is better placed to understand the meaning and effect of its own laws. Some Contracting States take the position that an Article 15 determination should report only on matters of national law regarding rights of custody, and not to extend
9360-412: The removal or retention. In short, acquiescence implies unstated consent. Consent must be real, positive and unequivocal so that a court is satisfied that consent was actually given, despite the absence of a written agreement. This defence is likely to be successful where evidence is convincing that the left-behind parent made an informed decision, consenting to the child’s removal or retention, and that
9464-699: The renovation of the buildings on the 11.8 acres (4.8 ha) Navy Hill campus, which housed the World War II headquarters of the Office of Strategic Services and was the first headquarters of the Central Intelligence Agency . In June 2022 the State Department launched a new transnational association , the Minerals Security Partnership . The Executive Branch and the Congress have constitutional responsibilities for US foreign policy. Within
9568-492: The return of the child is not permitted by the fundamental principles (in the State conducting the analysis) that relate to the protection of human rights and fundamental freedoms . While the best interests of the child is central to legal decisions involving children, it does not play a role in a Convention application. The Convention presupposes that the child’s best interest is served by their prompt return to their State of habitual residence. That being said, "the concept of
9672-595: The security functions were moved to an Office of Security, which later became the Bureau of Diplomatic Security , and the Bureau of Consular Affairs was formed. The Bureau of Consular Affairs manages eight offices: the Offices of the Comptroller, Consular Systems & Technology, Executive Director, Fraud Prevention, Overseas Citizen Services, Policy Coordination & Public Affairs, Passport Services, and Visa Services. The principal strategic and resource management office for
9776-404: The structure of the bureaus between 1874 and 1882. At the end of the nineteenth century, the department consisted of the Chief Clerk's Bureau, the Diplomatic Bureau, the Consular Bureau, the Bureau of Accounts, the Bureau of Foreign Commerce, the Bureau of Appointments, and the Bureau of Archives. Other offices, such as that of translator, also operated separately from the bureau system. In 1903,
9880-630: The terms of the Hague Abduction Convention and the Hague Adoption Convention . United States Department of State The United States Department of State ( DOS ), or simply the State Department , is an executive department of the U.S. federal government responsible for the country's foreign policy and relations . Equivalent to the ministry of foreign affairs of other nations, its primary duties are advising
9984-402: The view that a right of access combined with a veto on the removal of a child from the state of habitual residence, constitutes real rights of custody. However, if the parent has the right to object , as opposed to the right to veto the removal of the child, this is not sufficient to amount to rights of custody. After assessing whether the parent had rights of custody or access according to
10088-722: The world in such matters as: To assist the traveling public, the bureau issues country specific information, travel warnings, and travel alerts concerning conditions in countries where Americans may be planning to visit or reside. The Bureau also maintains the volunteer Warden Program, designed to help protect and inform US citizens in host nations. Articulates the Bureau's policy through media relations, public outreach, Congressional liaison, and strategic planning. Issues U.S. Passports to American citizens. Over 119 million valid U.S. passports are currently in circulation. 13.5 million passports and passport cards were issued in fiscal year 2013. Since June 1, 2009, all American travelers entering
10192-501: The world. In the United States, about 5,000 professional, technical, and administrative employees work compiling and analyzing reports from overseas, providing logistical support to posts, communicating with the American public, formulating and overseeing the budget, issuing passports and travel warnings , and more. In carrying out these responsibilities, the Department of State works in close coordination with other federal agencies, including
10296-521: Was a major proponent of internationalism and diplomacy. As the DOS is located in the Foggy Bottom neighborhood of Washington, it is sometimes metonymically referred to as "Foggy Bottom". The US Department of State has in the recent years rolled out Professional Exchange Fellows who have risen to professional ranks in their lives and are chosen by the US Embassies worldwide to be a professional fellows of
10400-538: Was abolished in 1868 and then reestablished in 1870 under the newly established Law Bureau. In 1870, Secretary of State Hamilton Fish reorganized the department into twelve bureaus: the Chief Clerk's Bureau, two Diplomatic Bureaus, two Consular Bureaus, the Law Bureau, the Bureau of Accounts, the Statistical Bureau, the Bureau of Translations, the Bureau of Pardons and Commissions, the Bureau of Domestic Records, and
10504-539: Was designed to utilize digital technology and the Internet to promote foreign policy goals; examples include promoting an SMS campaign to provide disaster relief to Pakistan, and sending DOS personnel to Libya to assist in developing Internet infrastructure and e-government. Colin Powell , who led the department from 2001 to 2005, became the first African-American to hold the post; his immediate successor, Condoleezza Rice ,
10608-524: Was established as the Superintendent of Statistics in 1854 and the Statistical Office was created within the department. In 1853, the office of Assistant Secretary of State was created to oversee the heads of each bureau. A Commissioner of Immigration existed between 1864 and 1868. An Examiner of Claims was established in 1868 to address claims by American citizens against foreign nations, but it
10712-450: Was established in 2003 by the DoS to establish a new model for engaging the American academic science, technology, engineering and medical communities in the formulation and implementation of US foreign policy. The Fellows (as they are called, if chosen for the program) are paid around $ 50,000 during the program and can earn special bonuses of up to $ 10,000. The program's intent is to equip Fellows with awareness of procedural intricacies of
10816-684: Was the second female secretary of state and the second African-American. Hillary Clinton became the third female secretary of state when she was appointed in 2009. In 2014, the State Department began expanding into the Navy Hill Complex across 23rd Street NW from the Truman Building. A joint venture consisting of the architectural firms of Goody, Clancy and the Louis Berger Group won a $ 2.5 million contract in January 2014 to begin planning
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