Contact Us

Jeremy D. Morley

International Family Law
230 Park Avenue, 10th Floor
New York, NY 10169
jmorley@international-divorce.com
Tel: (212) 372-3425
Fax: (815) 301-6742

Travel Warning
United States Department of State
Bureau of Consular Affairs
Washington, DC 20520

SAUDI ARABIA

December 19, 2006

This Travel Warning reminds U.S. citizens of recommended security precautions and ongoing security concerns in Saudi Arabia.  It supersedes the Travel Warning issued June 23, 2006. 

Due to concerns about the possibility of additional terrorist activity directed against American citizens and interests, the Department of State continues to warn U.S. citizens to defer non-essential travel to Saudi Arabia.  The United States Mission in Saudi Arabia remains an unaccompanied post as a result of continued security concerns.  Non-emergency employees and all dependents of the U.S. Embassy Riyadh and Consulates General Jeddah and Dhahran were ordered to leave the country on April 15, 2004.  An armed attack on the U.S. Consulate General in Jeddah occurred on December 6, 2004, resulting in casualties among the non-American staff and damage to consulate facilities. On November 13, 2005, the Consulate General in Jeddah closed the visa section for security reasons that require the assistance of the Government of Saudi Arabia to resolve. On May 12, 2006 a lone gunman fired shots at the U.S. Consulate in Jeddah.  There were no injuries.  The consular section remains open for American citizen services.     

Terrorist groups continue to target housing compounds and other establishments where Westerners may be located.  Saudi Government facilities are also targets.  In addition to car bombs and armed assaults involving multiple gunmen against such facilities, terrorists have used ambush attacks to kidnap and/or assassinate individual Westerners.  On February 24, 2006, there was a terrorist attack on Saudi oil facilities in Abqaiq in the Eastern Province.  There were no U.S. citizens or Westerners injured in this attack however.  

American citizens who choose to visit or remain in Saudi Arabia despite this Travel Warning are strongly urged to avoid staying in hotels or housing compounds that do not apply stringent security measures including, but not limited to, the presence of an armed guard force, inspection of all vehicles, and a hardened security perimeter to prevent unauthorized vehicles from approaching the facility.  American citizens are further advised to exercise caution and maintain good situational awareness when visiting commercial establishments frequented by Westerners or in primarily Western environments.  Keep a low profile, varying times and routes for all required travel, and ensure that travel documents and visas are valid.  American citizens are also advised to exercise caution while driving, entering or exiting vehicles. 

U.S. citizens who travel to or remain in Saudi Arabia despite this travel warning are strongly urged to register with the U.S. Embassy in Riyadh or the Consulates in Jeddah and Dhahran through the State Department’s travel registration website, https://travelregistration.state.gov, in order to be included in the Mission’s warden network.  Updated travel and security information for Saudi Arabia is issued periodically via the warden network.      

From time to time, the U.S. Embassy and Consulates in Saudi Arabia may restrict the travel of official Americans or suspend public services for security reasons.  In those instances, the Embassy and Consulates will keep the local American citizen community apprised through the Warden System and make every effort to provide emergency services to U.S. citizens.  Warden messages can be found on the U.S. Embassy Riyadh website: http://riyadh.usembassy.gov.

Updated information on travel and security in Saudi Arabia may be obtained from the Department of State by calling 1-888-407-4747 in the U.S. or Canada or on a regular toll line at 1-202-501-4444.  For additional information, consult the Department of State's Consular Information Sheet for Saudi Arabia, the Worldwide Caution Public Announcement, and Middle East and North Africa Public Announcement at http://travel.state.gov.

 SAUDI ARABIA

INTERNATIONAL CHILD ABDUCTION

See also our Saudi divorce page

Conflicting laws for children of mixed marriages
Muddassir H. Siddiqui
IHT Tuesday, July 1, 2003

In the 1970s, Saudi Arabia began sending large numbers of young people overseas to study in developed countries. More than 200,000 have lived and studied in the United States alone.

Some of the young Saudi men married American women and, upon completion of their studies, went back to Saudi Arabia with their wives and children.

In some cases, the challenge of adjusting to the demands of two distinct social systems has taken a toll and has resulted in divorce and a breakdown of communication between parents with regard to the guardianship and custody of their children.

Almost invariably, upon divorce between a Saudi man and an American woman living in Saudi Arabia, the American woman returns to the United States. Reasons include visa limitations under Saudi law, which preclude a non-Saudi from living in Saudi Arabia without a Saudi sponsor. Upon divorce, the non-Saudi woman typically loses her sponsor, her ex-husband.

Additionally, without a system of alimony and very limited job opportunities for women in Saudi Arabia, an American woman typically lacks the financial means and protection to remain near her children in Saudi Arabia. As a result, divorce between an American woman and a Saudi man often not only splits the family unit legally, but also physically and politically.

In the majority of cases involving divorce and child custody among Saudi-American couples, the parents have initially tried to resolve matters in the best interest of their children. However, in the absence of a multilateral or bilateral treaty between Saudi Arabia and the United States, dealing with the enforcement of custody agreements or judgments, parents are skeptical and reluctant to work out a solution for sharing their children for fear that any agreement may prove unenforceable in the event of default by the other parent.

Just as Saudi Arabian fathers fear sending their children to the United States to spend time with their mother, American mothers fear sending their children to spend time with their father in Saudi Arabia, lest the children be detained contrary to the agreement.

In most cases, the fault is not with the parents as much as with the system, or rather the lack of a system. Repeated disappointments with the bureaucracy, lack of any enforceable legal mechanism to alleviate their mutual suspicions and undue visa restrictions have greatly worsened the situation.

So far, the only consistent lesson which has emerged in dealing with these cases is the rule of "actual control." Just as possession is 90 percent of the law, the parent with actual possession and control over the children always wields the upper hand. Just as there is very little an American mother can do to get custody of her children in Saudi Arabia, so does the Saudi father have few options to reclaim custody of his children from America.

In case of a divorce, the Islamic Sharia emphasizes the "best interest of the child" in deciding the custodial and guardianship rights of parents, as do American law and judges. A treaty guaranteeing the best interest of the child would therefore satisfy the basic laws of both systems, while discouraging kidnapping, facilitating visitation and providing maintenance for the children and effective remedy in the event of breach of agreement or violation of court order.

The solution does not lie in demonizing one society against the other, denying one parent his or her God given rights in favor of the other or neglecting the existence of a problem which requires a serious, immediate and effective solution. Both societies owe it to their children to conclude an international treaty and enforce it faithfully to address the legitimate concerns of all parents, and foster an environment of faith and trust to divert energies from competing parental rights to serving the best interests of all of our children.

HEARING BEFORE THE COMMITTEE ON FOREIGN RELATIONS, UNITED STATES SENATE, JUNE 26, 2003

__________

Responses of Hon. Maura Harty, Assistant Secretary of State, Bureau of Consular Affairs, to Additional Questions for the Record Submitted by Senator Blanche L. Lincoln

Question 1. As you understand it, what is the current position of the government of the Kingdom of Saudi Arabia regarding the request made by Secretary of State Colin Powell in October, 2002 that Heidi Al-Omary be allowed to return to her rightful home in the United States?
Please articulate any response or responses received from the Saudi government regarding the request.

Answer. The Saudis have created an interministerial commission to work with us towards solutions to the problem of abducted and illegally retained children, including Heidi Al-Omary, and we continue to push at every level for action. The Office of Children's Issues and our Embassy in Riyadh worked closely with the interministerial commission to establish parameters that enabled Heidi's mother, Margaret McClain, and her two adult children to obtain a family visit visa to Saudi Arabia to see Heidi. In May, Ms. McClain spent five days with Heidi in Saudi Arabia. While we welcome the Saudi government's cooperative efforts in facilitating Ms. McClain's access to Heidi, we nonetheless continue to remind the Saudi government that our ultimate goal is Heidi's return to the United States.

Question 2. Has the State Department received any communications from the government of the Kingdom of Saudi Arabia that would indicate authorities in Saudi Arabia intend to comply with the request from the U.S. government that Heidi be returned to the United States?

Answer. We have yet to receive an official response to our requests that the government of Saudi Arabia assist in returning Heidi to the U.S. However, Foreign Minister Saud al-Faisal has assured the Department of his personal commitment to resolving these cases. We will continue to seek a favorable response to individual cases, such as Heidi's.

Question. 3. Please articulate in English the message that was transmitted to the government of Saudi Arabia regarding the formal request that Saudi Arabia surrender custody or Heidi Al-Omary. In what manner and from whom has this message been communicated? Please attach a copy of any written communications regarding this matter.

Answer. Each time a Department principal has traveled to Saudi Arabia to press for the return of all abducted or illegally retained American citizen children in the Kingdom, we have provided the Saudis a Diplomatic Note which includes summaries of each case, including that of Heidi Al-Omary. In addition, Department of State principals, including Secretary Powell, Assistant Secretary Maura Harty, and Ambassador Robert Jordan, have verbally sought Heidi's return in their meetings with Saudi officials.

Question 4. What steps has the State Department taken since Secretary Harty took office to ensure that Heidi Al-Omary is returned to her rightful home in the immediate future? Please list any follow-up communications relating to efforts by the State Department to return Heidi to the United States.

Answer. In January and again in April, Assistant Secretary Harty traveled to Saudi Arabia to raise the issue of international parental child abduction, including the case of Heidi Al-Omary, with Saudi government officials. Since those trips, and the establishment of the Saudi interministerial commission in January, we have seen ten Americans returned to the United States from Saudi Arabia.
Department officials have been speaking with and meeting regularly with Saudi Embassy officials to press for the return to the U.S. of the abducted children, including Heidi. Since the beginning of the year, Saudi Embassy officials have met with Department representatives frequently about these cases, and we intend to meet with these officials on a regular basis until all the cases are resolved.

Question 5. Please list the names and titles of Saudi government officials with whom Secretary Harty has met in Saudi Arabia in aneffort to recover Heidi Al-Omary and other abducted American children from Saudi Arabia. Please articulate the results, if any, of those communications regarding the case of Heidi Al-Omary?

Answer. During her visit to Saudi Arabia in January 2003, A/S Harty raised the issue of international parental child abduction and wrongful retention with officials from the Ministries of Foreign Affairs and Interior. On her trip to Saudi Arabia in April 2003, A/S Harty raised
the cases of abducted American citizen children, including Heidi Al-Omary, with high Saudi government officials including Foreign Minister Saud Al-Faisal; Deputy Foreign Minister and Chairman of the Interministerial Commission Ibrahim Al-Khurashi; Assistant Minister of
Interior Mohammed bin Naif; Governor of the Eastern Province Mohammad bin Fahd; and Director General of Makkah Region Dr. Abdulaziz H. Al-Sowayegh.
A/S Harty highlighted the U.S. and Saudi Arabia's shared commitment to addressing the problem of international parental child abduction in her meeting with Foreign Minister Saud Al-Faisal. She also requested his assistance in resolving cases of American women who wish to depart Saudi Arabia.
In her meeting with Deputy Foreign Minister Al-Khurashi, A/S Harty expressed the USG's thanks for the efforts put forth by the Interministerial Commission in conjunction with the U.S. Embassy in Riyadh on cases, including Heidi Al-Omary, who have been abducted to,
or wrongfully retained in, Saudi Arabia, as well as on behalf of American women who wish to depart Saudi Arabia despite the objection of their male guardian. She emphasized, however, that greater cooperation is required and that access in any given case is no substitute for the
return of a child--our ultimate goal.
A/S Harty requested Governor Mohammad bin Fahd's assistance in ensuring the success of the visit by Margaret McClain to Heidi.

Question 6. Does the Executive Branch have the authority, without additional Congressional authorization, to impose sanctions on Saudi Arabia for failing to comply with official requests to return abducted children like Heidi Al-Omary? If not, are there other reasons upon which sanctions against Saudi Arabia can be imposed under current law?

Answer. The Department of State never stops pressing for return to the United States of American children abducted or wrongfully retained abroad, in whatever country the abduction or retention occurs. These cases are not limited to Saudi Arabia.
In furthering our foreign policy goals, economic sanctions are just one of many foreign policy tools that might be available to the Administration, depending on the circumstances. For example, under the International Emergency Economic Powers Act (IEEPA), the President may impose various economic sanctions against foreign entities or individuals. The authorities provided to the President by the IEEPA, however, may be exercised only if the President declares a national emergency with respect to an unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy or economy of the United States.

Question 7. What punitive actions do you think are appropriate against Saudi Arabia when it refuses to comply with U.S. requests to return abducted children? At what point after a request has been made and not responded to do you believe punitive measures should be pursued or at least actively considered?

Answer. The Department of State will never stop pressing, within the parameters of current law and practice, for our goals in resolving cases of international parental child abduction and wrongful retention. Our goals are and will continue to be nothing less than the return of children abducted abroad or access for left behind parents to their children in foreign countries. Our preference is to achieve these goals through progressive negotiation and diplomatic mediation rather than through punitive measures.

Question 8. Under the current policy in Saudi Arabia (as you understand it), are you confident that adult female U.S. citizens who were abducted in violation of a custody order issued by a court in the United States will have a meaningful opportunity to leave the Kingdom upon reaching the age of majority (age 18 or older) without the permission of a male relative?

Answer. The Government of Saudi Arabia made a commitment in September 2002 that all adult American women would be free to travel out of Saudi Arabia. We understand this commitment to apply to all adult American women, including adult U.S. citizens abducted as children in violation of a custody order. In every case we have raised with the Foreign Minister since his government made this commitment, Saudi authorities have granted permission for the American citizen woman to depart. Until Sarah Saga departed Saudi Arabia, none of the women who have been granted such permission had chosen to leave.

Question 9. Under the current policy in Saudi Arabia (as you understand it), do you believe that the children of female U.S. citizens who were abducted in violation of a custody order issued by a court in the United States would be provided an opportunity to leave the Kingdom with their U.S. citizen mother (without the permission of a male relative) when said mother attains the age of majority (age 18 or older) and expresses a desire to leave?

Answer. The commitment of the Saudi Government to permit U.S. citizen women to leave the Kingdom has not extended to the children of these women. In Saudi Arabia, any child who is residing with his or her Saudi-citizen father requires that father's permission in order to obtain an exit visa to leave the country. This often puts women who wish to leave Saudi Arabia in the difficult position of deciding whether to leave alone, to remain in Saudi Arabia with their children, or to negotiate the father's agreement to permit the children to travel to the United States either permanently or for periodic visits.

Question 12. Under current U.S. policy, would a minor child who was born in Saudi Arabia to a female U.S. citizen (who was abducted in violation of a custody order issued by a court in the United States) be given help and assistance by U.S. diplomatic personnel to leave the
Kingdom if the mother requested assistance? Is this true if the mother was not able to transfer U.S. citizenship to her children under U.S. law?

Answer. Embassy and consulate staff lend all support possible to get a child of a U.S. citizen back to the U.S., regardless of that child's citizenship status. The commitment of the Saudi Government to permit U.S. citizen women to leave the Kingdom has not extended to the children of those women. According to our understanding of Saudi law, any child who is residing in Saudi Arabia with his or her Saudi-citizen father requires that father's permission in order to leave the country. This often puts women who wish to leave Saudi Arabia in the difficult position of deciding whether to leave alone, to remain in Saudi Arabia with their children, or to negotiate for the father's consent to the children's travel outside the country.
Finally, children in this situation, who are not American citizens can become U.S. citizens through the following process, and we would make a point to help move that process along should the mother be allowed to leave Saudi Arabia.
Since the passage of the Child Citizenship Act of 2000, which the Department supported, a child who does not acquire U.S. citizenship at birth is generally eligible to obtain U.S. citizenship while under age 18 by either:
(1) residing the U.S. in the legal and physical custody of a U.S. citizen parent pursuant to a lawful admission for permanent residence, or
(2) for children residing outside of the U.S. in the physical and legal custody of a U.S. citizen parent, by coming to the United States temporarily, for the specific purpose of being naturalized as a U.S. citizen provided the U.S. citizen parent
has filed an application with the Bureau of Citizenship and Immigration Services of the Department of Homeland Security and that application has been approved. To qualify under this provision, either the U.S. citizen parent or his/her U.S. citizen parent (i.e., the child's grandparent) must have been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after the age of fourteen, and the child must be admitted lawfully and be maintaining such lawful status.
Certain cases may present added complexity. We will be glad to review individual cases to determine if and how a child born abroad to an American parent who does not obtain U.S. citizenship at birth might do so at a later time.

Question 13. As you understand it, what is the position of the government of the Kingdom of Saudi Arabia regarding the ability of adult female U.S. citizens who wish to leave Saudi Arabia if they initially traveled to Saudi Arabia voluntarily?

Answer. The Government of Saudi Arabia made a commitment in September 2002 that all adult American women would be free to travel out of Saudi Arabia. We understand this commitment to apply to all adult American women, including those who initially traveled to Saudi
Arabia voluntarily. See question 8.

Question 14. What is the U.S. policy regarding adult U.S. citizens who wish to leave Saudi Arabia if they initially traveled to Saudi Arabia voluntarily? In this circumstance, would a U.S. citizen receive assistance from U.S. diplomatic personnel to exit the Kingdom if they requested it? What kind of assistance would a U.S. citizen in this situation typically receive? Would assistance be limited to cases where the U.S. citizen was in potential danger?

Answer. U.S. diplomatic personnel will assist all adult U.S. citizens who wish to depart Saudi Arabia in every way necessary to facilitate their departure. This includes interceding on their behalf with the Saudi government for issuance of exit permission, where required under Saudi law, contacting family in the U.S., granting of repatriation loans when needed, alerting social services in the U.S. to assist in their resettlement here, and necessary protection for U.S. citizens in danger.

Question 15. Since June 2002 has any U.S. official demanded that any U.S. citizen being held in Saudi Arabia be allowed to return to the U.S.? If so, please specify all such demands, including to whom they were made, who they related to, by whom they were made, and when they were made.

Answer. Privacy Act concerns limit our ability to describe in detail the subjects of all demands for return. However, in October 2002, Assistant Secretary Burns raised the importance of cooperating to resolve abduction and wrongful retention cases with Saudi Foreign
Minister Saud Al-Faisal. Also in October, the U.S. Consul General in Riyadh met with the Consular Affairs Section Chief at the Saudi Ministry of Foreign Affairs to urge that two American Citizen children being wrongfully retained in Riyadh be promptly returned to the U.S. The Embassy submitted a diplomatic note to the Saudi Ministry of Foreign Affairs requesting the Saudi government repatriate all American citizen children abducted to or wrongfully retained in Saudi Arabia in violation of a U.S. court order. Secretary Powell wrote to Foreign Minister Saud Al-Faisal in November 2002 to express his wish to see the resolution of abduction cases in Saudi Arabia. In January and in April 2003, A/S Harty traveled to Saudi Arabia and raised the issue of international child abduction with Foreign Minister Saud Al-Faisal and with high-level officials from the Ministries of Foreign Affairs and Interior. Secretary Powell raised the issue of American children abducted to Saudi Arabia when he met with Foreign Minister Saud Al-Faisal on May 12, 2003.

Question 16. Since countries like Saudi Arabia consider girls adults for purposes of marriage at age twelve, has the State Department asked the Saudi government to consider girls as adults at age twelve for purposes of receiving exit visas without the permission of a husband or a father?

Answer. The Department of State has not asked the government of Saudi Arabia to consider girls as adults at age twelve for the purpose of receiving exit visas. We are not aware of any cases where U.S. citizens or children of U.S. citizens in Saudi Arabia have married at age twelve.

Question 17. Would additional resources from Congress enhance the ability of the State Department to successfully recover abducted U.S. citizens from other countries? If so, please specify what resources or authority would be helpful.

Answer. We would never tell Congress that we don't need more resources. Additional staffing would allow us to be more proactive and responsive in handling individual cases, as case officers could dedicate more time to each parent. It would also allow us greater ability to accommodate in-service training and staff development without creating staffing gaps. Continued Congressional support and interest on specific abduction cases as well as the general issue of international parental child abduction is also extremely helpful. Members of Congress have personally raised cases with foreign leaders, and emphasized the significance that Congress and the American public place on the issue. Fifteen years after enactment of the International Child Abduction Remedies Act, we, along with other USG agencies, are interested in reviewing that legislation to identify ways it can be made even more effective. We will certainly share our thoughts and ideas on this matter with interested Members of Congress.

Question 18. Based on my observations, personnel changes in the Office of Children's Issues are stressful and disruptive for left-behind parents. Do you have any suggestions on how to minimize this problem?

Answer. The Office of Children's Issues has grown fairly rapidly during the last five years, largely in response to a growing caseload and the increasing importance of international parental child abduction in U.S foreign policy. We have often had to move fast to meet the workload and drawn from a limited pool of personnel and temporary staff resources. We have also lost staff unexpectedly, when individual officers had to leave for reasons beyond their control.
We very much regret the problems these unavoidable transitions have caused for left-behind parents and, we are happy to report, that we have been able to stabilize our personnel picture. We have recently brought on board several new long-term employees. While there will of course be personnel changes in the future, we are now better able to manage those more smoothly, with much less disruption for left-behind parents.

Question 19. How many active cases involving parental child abduction and/or wrongful retention is the Office of Children's Issues currently handling?

Answer. As of early August, the Office of Children's Issues was handling approximately 900 cases involving children who were abducted or wrongfully retained. In addition, the Office was handling approximately 150 access cases, some of which involve children abducted or wrongfully retained but whose left-behind parent is seeking access, rather than return. Statistics on the number of children abducted or wrongfully retained abroad, as well as those returned, based on records maintained by the Office of Children's Issues, are provided below.


------------------------------------------------------------------------
Children Abducted/
Year Unlawfully Retained Children Returned
------------------------------------------------------------------------
2000 510 146
2001 557 280
2002 455 190
2003 \1\ 169 102
------------------------------------------------------------------------
\1\ January-early August 2003.


Question 20. How many active cases involving U.S. citizen children who have been abducted to Saudi Arabia are being handled by the Office of Children's Issues? For these cases, how many involve, abducted female U.S. citizens?

Answer. As of August, 13, 2003, the Office Of Children's Issues is handling 10 cases of abduction to and wrongful retention of children in Saudi Arabia, of which 7 involve female children.

Question 21. How many active cases involving adult U.S. citizens who were abducted to Saudi Arabia as children are currently being actively handled by the Office of Children's issues or other office in the State Department?

Answer. We are, as of August 13, 2003, monitoring two cases, involving three women, of now-adult U.S. citizens who were abducted to Saudi Arabia as children. These citizens have been advised of their claims to U.S. citizenship and of their right to seek exit permission from the Saudi Government. One of these individuals was granted an exit visa by the Saudi government and the Department issued her a U.S. passport. She has decided not to depart Saudi Arabia at this time.

Question 22. Approximately how many active child abduction and wrongful retention cases does each caseworker handle in the Office of Children's Issues?

Answer. Each caseworker presently handles an average of sixty active abduction and wrongful retention cases.

Question 23. Secretary Harty, do you support adding additional staff to the Office of Children's Issues?

Answer.There is no doubt that increased staffing in the Office of Children's Issues would allow us to be more proactive and responsive to parents, since officers would have more time to dedicate to each case. It would also allow us to provide more opportunities for in-service training and professional development that would, ultimately, make officers more effective in their jobs.
It is important to note that the Office of Children's Issues has grown significantly since it was established in 1994. From a small staff of four employees, it now has a staff of 28, including twelve abduction case officers who dedicate their time and energy to assisting left-behind parents. In addition, we are working to establish a prevention unit that will allow us to focus resources on this important function, which is now handled by abduction case officers.
Having added new staff, our focus is now on staff development and training, as well as on establishing Standard Operating Procedures that will enhance each officer's ability to serve parents and children.

Question 24. When and under what circumstances does the State Department consider a case involving an abducted U.S. citizen closed or inactive? Does the status of a case change when the abductee attains the age of majority or a custody order expires? If cases are generally considered closed or inactive after an abducted child attains the age of, 18 or 21, does the same rule apply to female abductees in Saudi Arabia?

Answer. Child Abduction cases are closed in the Office of Children's Issues when the child turns 18 or when the Left Behind Parent requests the office to close the case. Cases are also closed if a child is returned to the United States, though in cases where the parent believes there is potential for re-abduction, the case is kept as an active prevention case. The State Department's interest in active cases does not end on a child's 18th birthday. Necessary efforts to ensure the well being of a now-adult American citizen are undertaken by the Office of American Citizen Services in the Bureau of Consular Affairs until that adult informs us that he or she does not require assistance.

Question 25. Secretary Harty, you have stated that U.S. citizens have been recovered from Saudi Arabia since you took office. Please describe each case. Also, can you please describe what actions the State Department undertook to facilitate the release of these U.S. citizens including any negotiations with foreign governments, actions such as issuing passports, or threatening action against a foreign government that is not acting in accordance with appropriate laws?

Answer. Since the beginning of the year and as of July 7, 2003, ten children have been returned from Saudi Arabia, closing two abduction and two access cases in the Office of Children's Issues. Due to Privacy Act considerations, we are unable to provide names or other specific information about these cases.
In March 2003, a six year old child who had been abducted to Saudi Arabia in February 2002, was returned to the U.S. The Left Behind Parent had no contact with the child since her abduction. Embassy Riyadh located the child in February 2003 when the Taking Parent appeared at the embassy requesting a routine notarial service. The embassy took physical possession of the Taking Parent's U.S. passport and informed her that a federal warrant had been issued for her arrest. The Taking Parent arranged with the FBI and U.S. Attorney's offices to return the child voluntarily.
Two teenage American citizens departed Saudi Arabia for their home in Phoenix, Arizona on Saturday, April 5, 2003, accompanied by a consular officer from Embassy Riyidh. The boys were abducted to Saudi Arabia by their non-custodial Saudi father on July 26, 2002. After learning that the boys were being neglected and that they risked being abused by their father, Saudi government officials issued exit visas for the boys without consulting the father. USG officials worked closely with the Saudi Ministry of Interior to resolve this case. The Saudi government's cooperation with the USG in this case provided useful precedent to help resolve remaining active abduction cases.
In June 2003, an AmCit mother returned with her two teenage children who had been held by their father in Jeddah since the mother left the Kingdom in 1998. The children were put into boarding school in Durban, South Africa in 2001. In May, the American Consulate General in
Durban substantiated physical abuse of one of the children by the father. The Consulate in Durban provided a letter for South African immigration to assist the children to depart on their American passports since they had entered the country on their Saudi passports.
A Left Behind Parent notified the Office of Children's Issues on July 7, 2003 that her American citizen teenage sons had arrived in the U.S. on July 6, 2003. Until 2002, the mother had not seen either one of her sons since 1994 when their father refused to allow them to leave Saudi after a two-week vacation. The older boy was allowed to spend last summer with his mother, but she had not seen her younger son until now. The father had refused all Embassy requests for consular access to the boys, and the Saudi government repeatedly refused the mother's requests for a family visit visa. She was finally granted a visa late last month, after repeated requests to the Saudi government by the Office of Children's Issues and U.S. Embassy Riyadh. She was in the process of making travel plans when she learned that the boys had used money she sent to them to buy plane tickets to the U.S. Over the past year, the mother had kept in surreptitious contact with her older son, and the boys had renewed their U.S. passports with the assistance of Embassy Riyadh. The Left Behind Parent reported to the Office of Children's Issues that she believes the USG's constant demands for access led her husband to allow the boys to leave the Kingdom.
A Taking Parent and his three children, all dual-national U.S.-Saudi citizens, sought protection and assistance in returning to the United States from Embassy Riyadh. The embassy worked with Saudi authorities to have exit visas placed in the children's and the father's U.S. passports. The children were reunited with the Left Behind Parent in the U.S. on July 18, 2003. The Left Behind Parent lived in Saudi until 1998 when the Taking Parent's brother forced her to leave and the Taking Parent divorced her. The Taking Parent's brother confiscated all travel documents for the Taking Parent and the children. Consular access to the children had been denied since 1999.

Question 26. In September 2002, Prince Saud al-Faisal, the Saudi Foreign Minister, wrote to Secretary Powell and suggested that in four cases, U.S. citizens had abducted children out of Saudi Arabia in violation of Saudi law. It is now clear that in at least two of the referenced cases, the referenced children live in Saudi Arabia, and are not able to leave to the United States. Prince Saud also falsely accused the U.S. military of assisting Miriam Hernandez Davis in ``abducting'' her daughter Dria from Saudi Arabia. Has Prince Saud or any other Saudi official provided any correction or clarification to the September 17, 2002 letter? Has the State Department requested any clarification on this letter?

Answer. We have not received a clarification or correction of the September 17, 2002 letter from Foreign Minister Saud al-Faisal, nor have we requested such clarification.

Question 27. Has the Saudi government demanded that any of its citizens who have kidnapped Americans return the kidnapping victims to the U.S.?

Answer. To the best of our knowledge, the government of Saudi Arabia has never ordered a parent to return American citizen children abducted to or wrongfully retained in the Kingdom, except in the case of clear neglect or abuse. The government has, however, pressured Saudi families to find a way to resolve cases of wrongful retention or abuse. In cases involving sexual or physical child abuse, the Saudi government has pressured Saudi fathers to allow mothers to depart the Kingdom with their children. In April, responding to the USG's insistent requests for intervention in the case of two abducted American citizen children, the Saudi government granted them exit visas to return to their mother in Arizona. The boys had been victims of abuse and neglect at the hands of their Saudi father.

Question 28. In 1990, the U.S. Embassy in Riyadh ejected Monica Stowers and her children out of the Embassy when they came seeking refuge from her abusive husband. Since that time Monica and her children have spent years living under difficult conditions in Saudi Arabia.
However, last year Ambassador Jordan pledged that no American seeking refuge in the Embassy would be ever be thrown out again. Recently, the State Department began urging Americans in Saudi Arabia to consider leaving the country because conditions in the Kingdom are not considered safe for Americans.
Therefore, assume hypothetically that there is an American woman who is living in Saudi Arabia with her American children, and that she and her children are being abused by their Saudi husband, and that the woman wishes to leave Saudi Arabia with her children, but her Saudi husband will not give his consent to do so. Could the American woman bring her children to the Embassy and receive refuge in the Embassy until she was to leave, Saudi Arabia?
Can you guarantee that an American woman in these circumstances would not be removed from the Embassy like Monica Stowers?

Answer. Not only can we guarantee that a woman and her children in such circumstances would receive appropriate protection, we can demonstrate that American citizens facing similar situations are now receiving needed protection in our Embassies and Consulates. Through
mid-July of 2003, 5 American women, 1 American man and 10 children, mostly fleeing abusive family situations, have sought protection at the U.S. Embassy and consulates in Saudi Arabia. Several more are in contact with the Embassy or Consulate and know that refuge is an option, if needed. In a separate case a man and three children have also sought protection. While at the Embassy, the Americans are provided food at no cost to themselves, essential items and services, such as laundry, and whatever entertainment and comforts are available, such as DVD facilities. It is made clear that they are welcome to stay at the Embassy or compound as long as necessary to ensure their safety or until their repatriation to the United States.

Question 29. Secretary Harty, under what circumstances have you interacted with parents of abducted children? Please explain.

Answer. Shortly after I became Assistant Secretary of State for Consular Affairs, I wrote to all of the left-behind parents in our active case files. In that letter, I confirmed the importance of resolving parental child abduction cases as a U.S. foreign policy interest, and invited the parents to meet with me. On February 24, 2003, I met with sixty-four left-behind parents at a Town Hall meeting in Washington, DC. I met with left-behind parents again in Chicago on July 28, 2003. I plan a similar meeting later this year on the west coast. In addition to those meetings, I have met with a number of individual parents to discuss their cases. My travel to the Middle East since becoming Assistant Secretary of State afforded me the opportunity to meet with abducted and retained children and report back to their left-behind parents. In one case, I had the privilege of actually meeting with a left-behind mother who had come to the Middle East to try to recover her children (she succeeded). Finally, even when events direct my attention elsewhere, the Office of Children's Issues keeps me fully briefed to the status of the many active cases, and gets me involved whenever necessary.

Question 30. Please indicate the dates Sara Saga resided with her children at the U.S. consulate in Jeddah. During her stay did the State Department provide Ms. Saga and her two children with food, liquids and other essential items? Did the State Department request payment for items provided to Ms. Saga and her children from Ms. Saga or anyone else? If so please explain. Also, please attach any documents or communications (including emails) from the State Department requesting payment.

Answer. Sara Saga and her two children occupied the modest quarters of the Consulate's staff apartment from June 16 to 23, 2003. Ms. Saga and her children were provided with all essential items, including laundry service as well as nonessential items that were available to make her stay more comfortable, e.g. DVD player and DVDs, books, access to internet, and some children's toys. At the time of Ms. Saga's arrival, a funding mechanism was not in place to provide essentials to Americans without financial means who seek refuge on the Consulate compound. Others who have sought refuge on the Consulate compound prior to Ms. Saga arrived with either sufficient funds to cover any essential items or family members in the U.S. opened an Overseas Citizens Services (OCS) Trust with the State Department. This, is standard procedure when an American is in need of financial assistance and family members are able and willing to help. In the case of Ms. Saga, the consulate requested that her mother open an OCS Trust, and she agreed. Ms. Saga used OCS Trust funds for the first three days of her stay. Within days, a funding mechanism was provided by the Department, Sara was reimbursed for her expenses, and subsequent expenses were paid by the Department. Documents regarding payment requests are enclosed.

Question 31. After Sara Saga requested assistance from U.S. officials at the consulate in Jeddah, please list the highest ranking State Department official who communicated the U.S. government's position to Saudi officials regarding Ms. Saga's request for assistance in leaving the Kingdom with her children. Please articulate the message the U.S. government delivered and to whom in the Saudi government it was delivered?

Answer. Margaret Scobey, Charge d'Affaires, a.i., met with His Royal Highness, Prince Saud Al Faisal, Minister of Foreign Affairs, on June 18, 2003. Ms. Scobey urged that the government of Saudi Arabia approve the departure of Ms. Saga and her two children, pointing out that Ms. Saga had been abducted to Saudi Arabia as a small child and that she desired to be reunited, with her children, with her own mother. The Foreign Minister approved Ms. Saga's departure immediately, keeping his commitment that any adult American citizen woman may leave the Kingdom freely. He maintained that the children (who were born and have lived their entire lives in Saudi Arabia, and are citizens of that country) could depart if they did so legally, which would require either a court order or the agreement of their father. Although Ms. Saga could have departed Saudi Arabia without his permission, her husband did agree that she could enter and depart the Kingdom at her own initiative for the five-year validity of her Saudi passport. Ms. Saga departed Saudi Arabia on June 24, 2003.

Question 32. According to press reports, Ms. Saga, while in theU.S. consulate, met with officials from the Saudi Foreign Ministry.What were the names of these men and what were their official positions within the Saudi government? What were the names of the officials from the U.S. consulate in Jeddah., who accompanied these Saudi officials into Ms. Saga's room at the consulate? Who, specifically, was involved in the decision to allow the Saudi officials into the consulate to meet with Ms. Saga?

Answer. On June 19 at the Consulate, Sara Saga met with Abdulaziz H. Al-Sowayegh, Director Genera,l of the Makkah Region, Ministry of Foreign Affairs; Bander Jameel, Chief of Protocol of the Makkah Region, Ministry of Foreign Affairs, and Majed M. Al-Harazy, Special Assistant to the Director General of the Makkah Region, Ministry of Foreign Affairs. From the U.S. Consulate, in attendance were Gina Abercrombie-Winstanley, Consul General; Laurie Darlow, Security Officer; and Loren Mealey, Chief of American Citizen Services.
Ms. Saga, also a Saudi citizen, was requested by officials of the Ministry of Foreign Affairs to have a brief meeting with officials prior to her departure from the Kingdom, so that they could hear from her directly as to her wishes. Rather than take Ms. Saga off the Consulate grounds for the meeting, the Charge in Riyadh asked the Consul General to ask the Saudi officials to meet with Ms. Saga on Consulate grounds. They agreed, and Sara was agreeable to the meeting. Although the meeting was arranged on short notice, Sara knew well in advance that the visit was going to take place that day. The meeting was in her room because that was where she and the children were at the time. U.S. Consulate officials, three women, were there to ensure that she was not intimidated or coerced and so she would not feel her children might be taken from her forcefully. Consulate officials stressed to Sara that it was her choice whether to meet with the foreign ministry officials at all and that she could stay on the compound.

Question 33. Did any State Department or other U.S. government employee read or review the document that various press accounts report that Ms. Saga signed regarding her parental rights? If so, please name all such individuals. If so, did those U.S. officials provide any advice to Ms. Saga or recommend that she seek counsel before signing a document that could possibly be construed as a legally binding document?

Answer. At the conclusion of the meeting described above, the Director General of the Ministry of Foreign Affairs presented Ms. Saga with a document. He asked her to sign it so that the Ministry had a record of her understanding of the implications of her decision to depart the Kingdom. The Consul General asked to review the document. The Consul General (``CG'') read the document to Ms. Saga slowly, stressing that she did not have to sign it. Ms. Saga was then given the document to read. The CG asked if she understood the document's contents. Ms. Saga said that she understood it, and that she was willing to sign it. The CG offered that she could make any additions or deletions that she felt did not accurately describe the meeting. Ms. Saga responded that she had no changes to make, and signed the document.
CG and an American Citizen's Services (``ACS'') Officer suggested to Ms. Saga and her family members present at the Consulate (an aunt and uncle who Ms. Saga invited to see her on the Consulate grounds and who were supportive of Ms. Saga's desire to travel to the U.S.) that she may wish to consult with an attorney. A list of local attorneys was provided to Ms. Saga. Ms. Saga did not retain an attorney or ask the Consulate staff to contact an attorney for her.
Ms. Saga later told the ACS Officer that her uncle advised her to seek a written agreement with her husband directly. At Ms. Saga's request, her husband wrote out and signed in front of an official of the Ministry of Foreign Affairs a document stating his agreement to Ms. Saga's future access to the children whenever she is in the Kingdom.

Question 34. According to reports, Ms. Saga signed a document that forfeited many of her parental rights to her children. Does the State Department feel that the agreement was valid? Also, does the State Department feel that it was proper to allow Saudi officials to meet with her and encourage her to sign the agreement?

Answer. The Department of State does not know what legal effect, if any, the document described above may have in Saudi Arabia or anywhere else. Our Consulate personnel, who are not lawyers, did their best to inform Ms. Saga that she did not have to sign that document and that she could add or delete anything in it. Ms. Saga chose to sign it. In later consultations with post, the Department drafted a second document for Ms. Saga to sign that clarified that she had not intended to relinquish her rights to her children. U.S. Consulate personnel delivered this document to the MFA.
We do believe that arranging a meeting between Ms. Saga and Saudi officials was proper. Ms. Saga and her children are Saudi citizens, and we recognize that the Saudi government believed it had an obligation to ensure that Ms. Saga was not being coerced into leaving Saudi Arabia and to attend to the interests of her children. Our consulate personnel did not pressure or encourage Ms. Saga to sign anything that she did not wish to sign and did their best to arrange a setting for the meeting that was comfortable and non-threatening.

Question 35. Please indicate the dates another U.S. citizen resided with her children at the U.S. consulate in Jeddah during the same time period. During her stay at the consulate, did the State Department provide her and her children with food, liquids, and other essential items? Did the State Department request payment for items provided to her and her children from her or anyone else? If so, please explain.
Also attach any documents (including emails) from the State Department requesting payment.

Answer. An American citizen woman and her three Saudi-American children sought refuge at the Consulate from June 2 through June 17. As is the procedure in cases of Americans in need of financial assistance, an OCS Trust fund with the State Department was established by the parents of the American woman to cover the cost of meals. Procedures are now in place so that Americans granted refuge will normally not have to pay for basic necessities. Documents regarding payment are enclosed.

Question 36. After this American citizen requested assistance from U.S. officials at the consulate, who communicated the U.S. government's position to Saudi officials regarding her request for assistance in the leaving the Kingdom with her children? Please articulate the message the U.S. government delivered and to whom in the Saudi government it was delivered.

Answer. In Jeddah, Consul General Gina Abercrombie-Winstanley called on Abdulaziz H. Al-Sowayegh, Director General of the Makkah Region, Ministry of Foreign Affairs. In Riyadh, Charge Margaret Scobey called on the Assistant Minister of the Interior, Muhammad bin Nayif.
Also present was the Deputy Minister of the Interior, Dr. Ahmad Al-Salim.

Question 37. Does the United States government request payment from a foreign government or anyone else for food and other items provided to Saudi Arabian nationals being detained by the United States at Guantanamo Bay Cuba? Please explain.

Answer. No foreign governments are permitted to pay for food or other items provided to their nationals detained by the United States at Guantanamo Bay, Cuba.

Question 38. In late April or early May 2003, State Department personnel informed Margaret McClain that the Saudi Embassy spokesperson, Adel Al-Jubeir, volunteered to pay for her two adult children and her to travel to Saudi Arabia to meet with Heidi. Do you know who initiated Al-Jubeir's offer? Did the State Department suggest that Al-Jubeir make such an offer?

Answer. At Ms. McClain's request, the Office of Children's Issues queried the Saudi Embassy about the possibility of Saudi funding for Ms. McClain and her adult children to travel to Saudi Arabia. It is our understanding from the Saudi Embassy in Washington that no Saudi government fund exists to pay for such travel; nonetheless, the Department is aware that the Saudi Embassy will attempt to find a private sponsor or benefactor for persons who request such funding and demonstrate financial need.

Question 39. Secretary Harty, please explain why you decided to meet personally with Mr. Al-Omary prior to Ms. McClain's recent trip to the Kingdom instead of communicating directly with high level Saudi government officials to ensure Ms. McClain would have access to her daughter during her most recent visit?

Answer. I feel that every chance for dialogue that might result in an abducted child's maintaining a relationship with a Left Behind Parent is worth pursuing. In each meeting we have had with Mr. Al-Omary, he has gradually developed a less adversarial role with us. It
has been our feeling that if Mr. Al-Omary felt that his side of the story was being listened to, even if disagreed with, the chances for progress in this case would increase. I met with Mr. Al-Omary in order to attempt to convince him that allowing Ms. McClain to have a meaningful visit with Heidi was in the best interest of the child. The Office of Children's Issues and our embassy in Riyadh also worked closely with the Saudi interministerial commission to ensure Ms. McClain's visit.

Question 40. Are you concerned that meeting personally with a child abductor you could unnecessarily elevate his stature with Saudi government officials? If not, please explain.

Answer. Every chance for dialogue that might result in an abducted child's maintaining a relationship with a Left Behind Parent and which may lead to our ultimate goal, the return of that child to the United States, is worth pursuing.

Question 41. Why did Ms. McClain have to personally negotiate the terms of her visit with Heidi upon her arrival in Saudi Arabia? In the future, will you insist that the terms of visitation between left-behind parents and child abductors for which arrest warrants have been issued be negotiated between government officials if the left-behind parent makes that request?

Answer. It was the Department's understanding prior to Mrs. McClain's departure for Saudi Arabia that the Saudi interministerial commission had negotiated the visit parameters with Mr. Al-Omary, and that Mr. Al-Omary had agreed to allow Mrs. McClain to see Heidi.
However, Mr. Al-Omary apparently at the last minute insisted on a meeting at the office of the governor of the Eastern Province on the day of Mrs. McClain's arrival as a condition of allowing the visits to Heidi. Present at the meeting were Mr. Al-Omary, Mrs. McClain and her adult children, USG officials from the Embassy in Riyadh and the Consulate in Dhahran, as well as Saudi government officials.

Question 42. Did U.S. diplomatic personnel agree to allow the meeting with Ms. McClain, Mr. Al-Omary and Saudi officials to discuss the terms of visitation between Ms. McClain and Heidi to be videotaped? Who proposed that this meeting be videotaped?

Answer. The Deputy Chief of Mission to Saudi Arabia, Margaret Scobey, objected strongly when Mr. Al-Omary stated that he wished to record the meeting at the governor's office, and the camera was removed. USG officials had no prior knowledge of the video camera in the conference room.

Question 43. In April and June of 2003, Ms. McClain presented her case to the United Nations Human Rights Commission in Geneva. When the legal Counsel for Ms. McClain and other victims of kidnapping presented their cases before the Working Group on Contemporary Forms of Slavery between June 16-20, 2003, in Geneva, they met privately with two Saudi delegates to Geneva. The Saudi representatives stated that there existed a ``bilateral protocol'' between the United States and Saudi Arabia on solving cases like Heidi Al-Omary's. The Saudi officials claimed that they had ratified the agreement and that it was now awaiting ratification by the United States government. Does such a protocol or framework exist? If so, please explain and attach a copy of the protocol and/or agreement.

Answer. We are currently working with the Saudis on a bilateral proposal on access by parents to American Citizen children in Saudi Arabia, based on common principles and consular responsibilities. The proposal does not address resolving of cases of abduction; instead, it provides a framework in which both governments can operate to ensure that Left Behind Parents have meaningful access to their children. The document is currently in draft form and has not yet been finalized.

Question 44. As the State Department has discussed any agreements or other arrangements with Saudi Arabia regarding the resolution of child abduction cases, have you consulted with left-behind parents about how the agreement or framework should be crafted? Please explain.

Answer. Please see the answer to question 43 above, We are currently working with the Saudis on a bilateral proposal on access by parents to American Citizen children in Saudi Arabia. The proposal, which is still in draft form, does not address resolving of cases of abduction. The Office of Children's Issues maintains an open dialogue with all the left-behind parent's with whom we have active cases; however, until agreements or other mechanisms for resolving cases are finalized, we do not discuss them with left-behind parents.

Question 45. Are you familiar with a document referred to as ``Solomon's Protocol?'' If so, please explain. Also, please explain if the State Department participated in drafting this document.

Answer. ``Solomon's Protocol'' is a document written by a left-behind parent. We are aware of the document, which we understand was prepared under a contractual arrangement for the National Center for Missing and Exploited Children. It has not yet, to our knowledge, been published. At an early stage, we were asked to review the document and provide comments. We do not know if those comments were incorporated, or what the current status of the document is.

Question 46. On Ms. McClain's last day in Saudi Arabia during her visit in May, Secretary Powell raised Heidi Al-Omary's case with Saudi officials. To whom did Secretary Powell speak regarding this case? Has the Saudi government provided any response to this meeting? Please explain.

Answer. Secretary Powell met with Foreign Minister Saud al-Faisal in Riyadh on May 12, 2003, to raise the issue of child abductions to Saudi Arabia, including Heidi Al-Omary. Unfortunately, the Secretary's meetings with the foreign minister were cut short by the tragic bombings that occurred in Riyadh the same day.

Question 47. What does the Department of State do to try to prevent international parental child abductions?

Answer. Country officers in the Abduction Unit spend a significant amount of time helping parents prevent the abduction of their children by the other parent. In fact, the volume of requests for such assistance has increased to the point where the Abduction Unit is forming a team focused solely on prevention. Parents who request prevention assistance are guided to a wide range of legal remedies and options, contacts with law enforcement, and other sources of information and assistance. If the case is urgent, such as an abduction-in-progress, country officers or after-hours Department duty officers will help the parent contact local and Federal law enforcement, as well as other authorities who may be able to help recover the child. Regardless of whether the case is urgent or not, country officers will continue to advise and assist the parents until abduction is no longer a threat or until the parents no longer seek our guidance.

One of the most effective prevention measures we can recommend to parents is the Children's Passport Issuance Alert Program (CPIAP), by which a parent can request that their U.S. citizens' children's name be placed in a worldwide lookout system. Over 25,000 children's names are presently listed in the CPIAP database and the Abduction Unit receives approximately 40-50 new requests for entries every week. CPIAP entries have helped us identify children for whom passports were applied without the knowledge of one parent and, on occasion has actually helped us locate and recover abducted children. CPIAP does not identify applications for foreign passports; the Abduction Unit refers parents whose children might be eligible for foreign passports to the appropriate foreign agency.

The ``Amber Alert'' law, which includes a provision making attempted international parental child abduction a federal crime, will significantly enhance our ability to prevent abductions, as well.

Question 48. If an American child is determined to be at risk of being abducted to countries such as Saudi Arabia and Syria, countries that refuse to return abducted American children, what safeguards would you recommend that a U.S. Family Law Court implement to help prevent an abduction?

Answer. State Department personnel are prohibited from discussing cases with judges or other court officials. Any conversations we have about a child custody case would be with the parents and/or their attorneys. In any custody case where a parent was concerned about an abduction, we would likely recommend that the parent seek appropriate custody and other orders to restrain the travel of the child. If the case involved a dual national child, we would likely recommend that a copy of the subsequent court order be sent to the appropriate foreign embassy, though we would caution that passport issuances by that embassy are governed by the laws of its own government. We would also recommend that a copy of the court order be sent to airline companies which service the possible destination country. Finally, and irrespective of any court activity, we would strongly recommend to any parents fearing abduction of their U.S. citizen children that they enter their children's names in the Children's Passport Issuance Alert Program (CPIAP).

Question 49. What more can the State Department do with regard to improving the dissemination of information and training programs for U.S. Family Law courts and individual State Bar Associations on this issue (e.g., through the National Council for Juvenile and Family Law Judges, American Bar Association, etc.?).

Answer. We agree that additional outreach and training for U.S. judges is important to U.S. Government efforts to address the problem of international parental child abduction. Working with other U.S. Government agencies as well as judicial and legal associations, we participate in training programs on a regular basis, and will continue to do so. We also provide informational materials to judges and attorneys through our Web site, and will be exploring ways to make these materials more useful.

Question 50. Do you think it is appropriate to advise an American parent concerned about the abduction of his/her children to an Islamic Law country to go through the time, energy and money to try to obtain a Mirror Order in that country? It is my understanding that is what staff members of the Office of Children's Issues have advised some parents.

Answer. Our advice in this regard would depend on the particular case. There are circumstances in which such an order could help provide legal grounds for the return of a child.

Question 51. What can the Department of State do to assist parents in giving official notice to foreign embassies in a case where a U.S. court has prohibited issuance of a passport to a child the court believes is at risk of abduction? Is the Department of State willing to submit a Diplomatic Note in each case?

Answer. When requested, the Department assists parents in contacting foreign embassies about these matters. We typically recommend that parents contact the appropriate foreign embassy directly to convey information and documentation about such a case and, when necessary, we have contacted the foreign embassy to facilitate parental contact. Passport issuances by a foreign embassy are guided by the laws of that embassy's government, so a U.S. court order cannot be enforced on a foreign embassy. That said, the Department believes foreign embassies should be aware of U.S. court orders concerning passport issuances to minor children and consider such orders in deciding whether a passport should be issued.

Question 52. What can the U.S. Government do about a foreign embassy or diplomat that issues a passport for a dual-national American child, who is later abducted; if evidence is presented that a parent, attorney, or U.S. court provided that embassy with court orders prohibiting issuance of a passport for that child?

Answer. Issuance of passports by a foreign embassy is guided by the laws of that embassy's government. The issuance of foreign passports is not governed by U.S. law. While the United States Government can help parents and local authorities inform foreign embassies of court orders related to a passport application, the U.S. Government has no authority to prevent a foreign government from issuing a passport to one of its citizens, even a dual national.

Question 53. Please provide a list of cases where a parent has submitted court orders to the Department of State because they fear that their child may be internationally abducted. Include cause number, parties' names; court, county and state; foreign country involved and indicate whether supervised visitation was ordered or whether the child was abduction (if abducted, date of abduction and age of child).

Answer. The Department of State does not have that kind of information readily available for the more than 26,000 entries in the Children's Passport Alert Program (CPIAP) and active parental child abduction case files. Court orders are not required and, in fact, rarely submitted for a CPIAP entry to be made, but become relevant at such time as a passport application is submitted on behalf of the child. Court orders are also not required for an active abduction case to be established with the Abduction Unit.

Question 54. I understand the Department of State has included information on ``Marriage to Saudis'' on its Web site. What other ways do you believe the Department of State can help advise American women prior to marrying a national of an Islamic Law country about the impact on their and their children's lives, e.g., that their children will be considered nationals of that country subject to their laws, and that American women and children can be restricted from exiting. (For example, provide them a fact sheet when they apply for a Fiancee Visa?).

Answer. The Department believes that this type of information is very important, regardless of the country involved, and already provides considerable information to American citizens about travel, citizenship, and abduction issues. In addition to the ``Marriage to Saudis'' flyer, the Department's Consular Affairs Web site provides specific guidance on child abduction issues for many countries, including Saudi Arabia and others where Islamic Law serves as the basis for family law. Country-specific Consular Information Sheets also provide much of this information. Information relating to dual nationality is included in all U.S. passports. Marriages of U.S. women to Saudi nationals most often occur after the Saudi national has a valid U.S. visa, so a fiance visa is not necessary.

Question 55. Has Department of State staff or contractor provided expert testimony in court cases regarding international parental child abduction? If so, please provide a list of all cases, with cause number, parties' names; court, county and state; foreign country involved; Department employee or contractor who testified; and dates of testimony.

Answer. Department staff and contractors have not provided such testimony.

Question 56. Has Department of State staff or contractors made public presentations regarding international parental child abduction? If so, please provide a list including name of presentation, contact information for sponsoring organization, date, and name(s) of Department employee/contractor(s) who presented.

Answer. Department of State representatives, including employees in the Office of Children's Issues, often speak publicly as part of our outreach efforts. This includes presentations at meetings and conferences held by bar associations; judicial training programs; and Town Hall meetings for left-behind parents. We believe such outreach to be an important function in our efforts to increase awareness of the issue of international parental child abduction, and inform the public of the resources available in combating the problem.

Question 57. Have any children been returned from Saudi Arabia, Syria, and other Islamic Law countries through legal means (not those arranged privately by the parents)? Please provide specifics on those cases.

Answer. During the past twelve months, approximately thirty-five children have been returned from countries in which Islamic Law predominates, including Saudi Arabia, Jordan, Egypt, Lebanon, the West Bank, and Indonesia. The circumstances leading to the return of these
children included law enforcement efforts (arrest in the U.S. of the abducting parent), U.S. Embassy intercession to facilitate the return of the children, action by the left-behind parent to bring the children back without the abducting parent's consent and, in one case involving two children, direct assistance from the host government when there was credible evidence of neglect by the abducting parent. Most of the cases involved some form of Department assistance in facilitating the return, including one or more of the following; temporary Embassy refuge, escort, travel documentation, and access to USG crime victim assistance.

Question 58. Is the case of Amjad Radwan (daughter of U.S. citizen Monica Stowers) considered active or inactive by the Department of State? Please explain.

Answer. Amjad Radwan's case is an active case handled by our Office of American Citizens Services and Crisis Management. The government of Saudi Arabia issued Ms. Radwan an exit visa in the summer of 2002, but she chose not to travel to the United States. We stand ready to offer any and all consular services to her, as we would to any other American abroad who requests them.

Question 59. Are the cases of Aisha and Alia Gheshayan (Pat Roush's daughters) considered active or inactive by the Department of State? Please explain.

Answer. The Department of State will continue to urge the Gheshayan women to meet with their mother in the U.S. In a meeting with the women in August 2002, a female consular officer noted to the sisters that the United States government considers them American citizens and therefore has an ongoing interest in their welfare and wishes. She reiterated that as U.S. citizens, the sisters were entitled to seek assistance and protection at any U.S. mission should they require it. Aisha and Alia Gheshayan stated clearly to the consular officer that they are happy with their lives in Saudi Arabia, do not wish to come to the United States at this time, and that they do not want to meet with their mother, Pat Roush. We stand ready to offer any and all consular services to the sisters, as we would to any other American abroad who request them.

Responses of Hon. Maura Harty, Assistant Secretary of State, Bureau of Consular Affairs, to Additional Questions for the Record Submitted by Senator Richard G. Lugar

Question 1. If an American child is determined to be at risk of being abducted to Saudi Arabia, a country that refuses to return abducted American children, what safeguards would you recommend that a U.S. Family Law Court implement to protect this American child?

Answer. State Department personnel are prohibited from discussing cases with judges or other court officials. Any conversations we have about a child custody case would be with the parents and/or their attorneys. In any custody case where a parent was concerned about an abduction, we would likely recommend that the parent seek appropriate custody and other orders to restrain the travel of the child. If the case involved a dual national child, we would likely recommend that a copy of the subsequent court order be sent to the appropriate foreign embassy, though we would caution that passport issuances by that embassy are governed by the laws of its own government. We would also recommend that a copy of the court order be sent to airline companies, which service the possible destination country. Finally, and irrespective of any court activity, we would strongly recommend to any parents fearing abduction of their U.S. citizen children that they enter their children's names in the Children's Passport Issuance Alert Program (CPIAP).