US Senate Foreign Relations Committee resolution on international parental child abduction – 19 April 2018

[Congressional Record Volume 164, Number 64 (Thursday, April 19, 2018)]
[Page S2330]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

SUPPORTING THE GOALS AND IDEALS OF “INTERNATIONAL PARENTAL CHILD
ABDUCTION MONTH”

Mr. McCONNELL. Mr. President, I ask unanimous consent that the
Foreign Relations Committee be discharged from further consideration of
and the Senate now proceed to the consideration of S. Res. 431.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the resolution by title.
The senior assistant legislative clerk read as follows:

A resolution (S. Res. 431) supporting the goals and ideals
of “International Parental Child Abduction Month” and
expressing the sense of the Senate that Congress should raise
awareness of the harm caused by international parental child
abduction.

There being no objection, the Senate proceeded to consider the
resolution.
Mr. McCONNELL. I ask unanimous consent that the resolution be agreed
to, the preamble be agreed to, and the motions to reconsider be
considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolution (S. Res. 431) was agreed to.
The preamble was agreed to.
(The resolution, with its preamble, is printed in the Record of March
12, 2018, under “Submitted Resolutions.”)

____________________

Source:  US Congress, Congressional Record, vol 164, no 64, page S2330, 19 April 2018

See also:  “Lawmakers consider issue of international child kidnappings”, Voice of America News, 26 April 2018

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Lawmaker: U.S. needs to pressure Japan to comply with international child abduction laws (USA Today)

Lawmaker: U.S. needs to pressure Japan to comply with international child abduction laws

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Japan remains a haven for parental child abductions and a U.S. lawmaker Wednesday urged the Trump administration to do more to pressure the country to fulfill its obligations under international law.

Rep. Chris Smith, R-N.J., said during congressional testimony that between 300 and 400 children of international marriages have been abducted from the U.S. to Japan since 1994, and that more than 35 are still awaiting reunification with their American parents.

“Every day these children are separated from their U.S. parent, the damage compounds,” Smith said before a Congressional subcommittee on global human rights. “We must do better. We must not leave any child behind.”

Under international pressure, in 2014 Japan signed The Hague Convention on International Child Abduction. The treaty requires the government to set up a process to allow foreign parents to appeal for visitation or return of their children. But Japan has been slack in administering the convention, according to Smith.

 “How many of these children have come home four years later?” asked Smith. “How many even have access to their left behind parent now?  Almost zero.”

James Cook, a Minnesota medical device specialist trying to gain custody of his four minor children from his estranged Japanese wife, also testified before Congress.

In July 2014, his Japanese wife Hitomi Arimitsu took their children to Japan to visit her family and refused to return. Cook submitted an application for return under the Hague treaty and the case has made its way through both the Japanese and American court system, but Cook has still not been able to see his children.

A Minnesota court ordered the return of Cook’s children in 2017, but the ruling wasn’t carried out in Japan.

A key issue is that Japan does not have a way of enforcing its Hague commitments. It requires the abducting parent to voluntarily turn the children over and doesn’t allow the use of force in extracting the children. There have been numerous cases of parents simply refusing to comply with the Hague rulings.

Cook’s wife petitioned a Japanese court against the ruling to return the children and it was overturned, a decision which Japan’s Supreme Court upheld in December 2017.

“[My wife] has achieved the perfect consequence-free abduction with the aid of Japan’s systemic non-compliance and [the US Department of State’s] inaction,” Cook said in his testimony.

“After over 2.5 years in this process, I have nothing,” he said. “This process has cost me everything.”

Attention to the issue within Japan has been growing in recent weeks. Last month, all EU Ambassadors to Japan signed an official letter of diplomatic protest to pressure Japan to follow international law and enforce decisions which give an international parent custody or visitation rights.

Also in March, Japan’s Supreme Court ruled that a Japanese mother who is refusing to return her child to their father in the United States is “illegally restraining” the child under the Hague Convention.

It was the first such ruling by a Japanese court.

The court ruling and international pressure are a cause for optimism, according to John Gomez, an American who is chairman of the Kizuna Child-Parent Reunion group in Japan.

Gomez said that barriers remain, including an underlying “continuity principle” in Japanese courts means that the abducted child stays with the abducting parent.

“Until the ‘continuity principle’ by which judges in Japan issue rulings is actually discarded and kidnapped children are returned, we must keep pushing to the utmost for the children to be returned to their loving parents,” said Gomez.

Rep. Smith said in his testimony that the State Department needs to apply more pressure on Japan and other countries that have refused to cooperate in returning abducted children. A 2014 law that Smith sponsored, the Goldman Act, requires the State Department to develop an agreement with Japan about children that had been abducted and to hold Japan accountable.

However, Smith said that no action has been taken against Japan for past or current cases, and the State Department hasn’t even listed Japan as “non-compliant” in its annual report on the Hague convention.

Source:  “Lawmaker:  US needs to pressure Japan to comply with international child abduction laws”, USA Today, 11 April 2018 

Smith Introduces the Philips-Davenport International Child Abduction Return Act

News Item

A new source of hope for left behind parents
Smith Introduces the Philips-Davenport International Child Abduction Return Act

Washington, Jul 28, 2017
Rep. Chris Smith (R-NJ), author of the Sean and David Goldman International Child Abduction Prevention and Return Act (P.L 113-150), introduced an innovative new bill that will automatically remove tariff benefits for countries that are found to be out of compliance in returning children home—the “Bindu Philips and Devon Davenport International Child Abduction Return Act of 2017.”
“Bindu Philips fought valiantly in India for over eight years for the return of her abducted twin sons, only to be given the incessant delays in India’s courts and little support from the Obama Administration,” said Smith, Chair of the House panel on global human rights. “Just recently, she was finally granted a short visit with her children in India, but the children’s father marred the time with harassment and monitoring, refusing to let the children and mother leave a hotel for 7 days.
“Devon Davenport has had a return order for his daughter, Nadia, from Brazil since 2009. He has won every single one of the 24 appeals against the order—but Brazil still will not enforce its own return order.
“Shockingly, 11 of the 13 countries found to be non-compliant in the annual Goldman Report by the U.S. State Department in the return of abducted American children are still receiving billions of dollars in tariff exemptions under the Generalized System of Preferences. We must cease rewarding countries that aid abductors. When is enough finally enough?”
In 2016, 629 American children were taken from the United States by one parent without the consent of the other, often in direct violation of valid United States court orders, United States criminal law and the Hague Convention on the Civil Aspects of International Child Abduction. The Obama Administration’s refusal to apply sanctions against countries that fail to return abducted children has led to a rate of return of only 16%.
“For years, the U.S. government response to abductions has been an engraved invitation to abductors,” said Smith. “Abductors have an 84% chance of no penalty for ripping their child from home and family in the United States. It is my hope and expectation that this year, the State Department will begin to act more decisively on behalf of American families so that more children come home.”
The new bill amends the Generalized System of Preferences, a trade program designed to promote economic growth in the developing world through duty free entry for some products, so that any country named as non-compliant in the prompted resolutions of abductions would lose trade benefits granted by the United States. The new legislation ensures that the loss of trade preference would be automatic and not dependent on the Executive Branch applying sanctions.
Abducted children in a foreign country are often blocked from any contact with the American parent, losing half of their family and heritage.  Such children are also at grave risk of serious emotional and psychological problems. Many such children experience anxiety, eating problems, nightmares, mood swings, aggressive behavior, resentment and fear. Every day the abduction continues only compounds these harms.
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Source:  “Smith Introduces the Philips-Davenport International Child Abduction Return Act”, News Item, Congressman Chris Smith’s website, published on 28 July 2017

 

Senate confirms Hagerty as new U.S. ambassador to Japan

The Japan Times

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Senate confirms Hagerty as new U.S. ambassador to Japan

AP, KYODO, JIJI

The Senate has confirmed Tennessee businessman William Hagerty as President Donald Trump’s ambassador to Japan.

Senators voted 86-12 Thursday to approve Hagerty’s nomination.

Hagerty, 57, is expected to take up the post in August, according to a source familiar with Japan-U.S. relations.

He will serve in Tokyo at a time when the security environment in the Asia-Pacific region has become increasingly severe amid China’s military buildup and territorial ambitions in the East and South China seas, as well as North Korea’s development of ballistic missiles that could strike as far as the United States.

In light of Trump’s calls for “fair” trade, Hagerty, who served as a key member of the Trump transition team, is expected to call for greater market access for U.S. products in Japan as part of an effort to reduce the U.S. trade deficit with the country.

“We sincerely welcome the confirmation,” Chief Cabinet Secretary Yoshihide Suga told a news conference, pointing out that Trump has great trust in Hagerty.

“We hope to strengthen bilateral ties to ensure that the Japan-U.S. alliance, which is a cornerstone for Japan’s foreign and security policies, is unwavering,” the top government spokesman said.

State Department spokeswoman Heather Nauert also welcomed the Senate vote, saying, “We’re looking forward to having him join Japan as our next U.S. ambassador.”

“He spent a good deal of time over there. I know he’s steeped in the issues,” Nauert told a news briefing.

In a Senate confirmation hearing on May 18, Hagerty reaffirmed Washington’s “ironclad” commitment to its alliance with Tokyo, calling it “the cornerstone of regional peace and security” and “a platform for global cooperation.”

The ambassador-in-waiting underlined the United States’ “unwavering” commitment to the defense of the Senkaku Islands, a group of islets administered by Japan but also claimed by China and Taiwan, in accordance with the Japan-U.S. security treaty.

Hagerty stressed the need for close coordination with Japan and trilaterally with South Korea in pressing North Korea “to abandon its unlawful nuclear, ballistic missile and proliferation programs.”

On the economic front, Hagerty pledged to help increase U.S. exports to Japan in areas such as agriculture, defense and manufacturing including automobiles.

He added that U.S. exports of energy such as liquid natural gas to Japan could significantly cut into the trade deficit.

The Senate Foreign Relations Committee gave its OK to Hagerty last month after he satisfied Democrats that he had no role in the screening of Michael Flynn, Trump’s former national security adviser.

Flynn is a central figure in special counsel Robert Mueller’s investigation into contacts between the Trump campaign and Russia. Congressional committees also are examining Moscow’s election meddling.

Hagerty was director of presidential appointments for Trump’s transition team. But he told Democrats he focused on Cabinet picks and not White House staff aides.

Hagerty is a founder and managing director of Hagerty Peterson & Co., a private equity investment firm in Nashville, Tennessee.

Hagerty built ties with Japan through a three-year posting to Tokyo from the late 1980s to early 1990s while working for the Boston Consulting Group, and in his work as commissioner of economic development for Tennessee from 2011 to 2015.

Meanwhile, Joseph Young, who has served as director for Japanese affairs at the State Department, is also slated to arrive in Japan next month to assume the post of deputy chief of mission at the U.S. Embassy in Tokyo.

Source:  “Senate confirms Hagerty as new US ambassador to Japan”, The Japan Times, 14 July 2017