Evaluation of the Diplomatic Corps Services Program

Final Evaluation Report
Prepared by the Diplomacy, Trade and Corporate Evaluation Division (PRE) in the Evaluation and Results Bureau (PRD)
Global Affairs Canada
October 2017

Table of Contents

• Program Background
• Program Resources
• Service Volume
• Evaluation Scope
• Methodology & Data Sources
• Limitations
• Findings
• Recommendations

Program Background

The Diplomatic Corps Services Program (DCSP) is deeply rooted in the Department’s history, as well as Canada’s diplomacy and advocacy agenda, both here and abroad.

Housed within the Office of Protocol, the DCSP manages practical compliance with privileges and immunity provisions of the Foreign Missions and International Organizations Act (FMIOA) frameworks, and administers various policies and programs to facilitate the establishment of foreign missions, international organizations and the presence of their representatives on Canadian territory, in support of Canada’s international agenda.

DCSP aims to serve the diplomatic community in Canada in a manner that:

1. conforms to international law and statutory domestic obligations
2. reflects the exercise of the Crown prerogative in the conduct of foreign affairs,
3. secures reciprocal benefits in favour of Canada’s network of missions abroad.

Services and Programs Delivered by DCSP

The DCSP’s core services are:

Agrément and Ceremonial Programs for Foreign Heads of Mission: Vetting of foreign heads of mission prior to their entry into Canada and management of courtesies and special functions.

Accreditation services: Management of the accreditation process for diplomatic agents; issuance of identity documents; handling of requests for diplomatic extensions and delisting of foreign representatives ending their assignments.

Support for Citizenship and Immigration (CIC) Liaison Unit: Providing support and assistance to individuals being posted to Canada with their families with issues relating to immigration.

Management of Privileges and Immunities: Such as tax exemptions, customs privileges, spousal employment and acquisition and development of real property.

Management of Security and Incidents:  Serving as the main point of contact for Canadian authorities (Police units, Crown counsel, Children’s Aid Societies) and foreign missions in regard to the protection of foreign missions and their representatives. Through its liaison, education and policy activities, ensuring that foreign missions respect Canadian laws and processes and that Canadian authorities respect foreign representatives’ immunities.

Other Programs/Services: Payment in Lieu of Taxes Program (PILT), Management of Foreign Election voting stations, Diplomatic Services websites (including list of accredited representatives), issuance of letters of credence and recall for HOMS, playing a liaison role for foreign awards and honours to Canadian citizens.

Program Resources

Salary

The Diplomatic Corps Services Division is composed of 15 permanent full time employees (FTE) supported by two additional officers from partner departments embedded in the Office of Protocol: an RCMP Liaison Officer and an IRCC Liaison Officer. At any time, XDC is also supplemented by staff on a term, casual or student basis.

Operations

The division’s operational (Ops) budget supports outreach activities for the diplomatic community. Not all activities are held on a yearly basis, and for that reason, the budget contracts and expands as needed to serve program needs.

Grants

The largest part of XDC’s resources is the Payment In Lieu of Taxes (PILT) and is currently valued at approximately $15 million. The PILT is a grant paid by GAC to municipalities to cover the property tax amount that would otherwise have been paid by diplomatic missions in Canada.

XDC Budget

Service Volume

The foreign diplomatic community has grown slightly in recent years, from close to 180 diplomatic missions (resident +non-resident), 465 consular posts, and over a dozen international organizations (IOs) in 2013, to 183 diplomatic missions, 490 consular posts and over twenty IOs represented in Canada.

The volume of core services delivered by XDC in the past few fiscal years has remained relatively stable.

Accreditations

Text version

• In 2015-16,  the number of accreditations was 5338
• In 2016-17, the number of accreditations was 4871

Agrément Decisions

Text version

• In 2015-16, the number of agrément decisions was 27
• In 2016-17, the number of agrément decisions was 47

Work Authorization Requests

Text version

In both 2015-16 and 2016-17, the number of work authorization requests were 300

Security Liaison Files

Text version

• In 2015-16, the number of security liaison files were 286
• In 2016-17, the number of security liaison files were 261

There has been some increase in work volume in recent years related to non-core services. For example, there has been a rise in the number of outreach events organized by the Office of Protocol, partly driven by the government’s objective to re-engage on the world stage and the campaign to obtain a seat at the UN Security Council in 2021. In other cases, such as the management of domestic workers for foreign representatives, the increase in workload is the consequence of changes to internal policies and procedures.

Evaluation Scope

Evaluation Questions

The evaluation was guided by 8 key questions:

• To what extent is the program, through various services and activities, meeting its requirements under Canada’s legal obligations (e.g. Vienna Conventions) and political commitments?
• To what extent are the program’s service standards being met?
• To what degree are clients within the diplomatic community satisfied with services provided?
• To what extent have the services provided by XDC contributed to the projection/achievement of Canadian values and interests?
• How have political/legislative/administrative realities within the last five years affected delivery of the DCSP, and what tools, if any, are needed for XDC to remain responsive?
• Is there a continued need for the non-essential services provided under the DCSP, and are these services aligned with the roles of the Office of Protocol? Does the Office of Protocol’s continued role in these non-essential services create jurisdictional ambiguity or unnecessary overlays?
• Are the relative levels of effort and resources devoted to each service/activity within the DCSP appropriate?
• To what extent has XDC addressed the recommendations issued in the previous evaluation?

Methodology & Data Sources

This evaluation took a mixed-methods approach, including the use of both quantitative and qualitative research methods to maximize the reliability of results.

Limitations

Findings

Finding #1: The Office of Protocol is meeting its legal and political obligations.

While this evaluation did not include an audit, and does not constitute a legal opinion of Canada’s compliance with the Vienna Convention or other instruments, evidence from multiple sources suggests that Canada is meeting its international and domestic obligations.

International

All key informants stated that, to their knowledge, XDC is fulfilling its international obligations as per the Vienna Conventions. This claim was supported by the fact that there have been no cases escalated to the international court of justice over the evaluation reference period and no formal complaints from foreign diplomats.

Interview participants described XDC staff as knowledgeable on the law and on issues of protocol, and in cases where there were divergences of opinion on the application of the Vienna Convention; XDC consulted with relevant Departmental stakeholders and took immediate measures to resolve the issue in accordance with applicable laws.

Documents and correspondences consulted by the evaluation team also demonstrated a regular and systematic effort to comply with obligations of the convention and regular consultations with GAC’s legal team where needed.

Policies on the website are explicit about how Canada interprets the Vienna Convention and how its services and programs conform to its legal obligations. The policies and guidelines also describe the responsibilities and rights of foreign representatives.

Canada

The Government of Canada and Canadian citizens demand that foreign diplomats abide by Canada’s laws and adhere to its values. Many key stakeholders noted that in recent years, the Office of Protocol has adopted a stricter approach to enforcing compliance in this area. Examples include the Domestic Worker program, which aims to protect the rights of domestic workers; and a stronger verification process for junior-level employees to prevent appointments to fictitious positions. Interviewees attributed the change in approach to multiple factors including high-profile incidents (i.e. abuse of domestic workers), a stronger focus on Canadian values by the previous government, and to a lesser extent, directions taken by other like-minded countries (e.g. greater focus by the US on domestic servitude).

The evaluation did not reveal any major complaints from clients or partners, or other negative impacts related to this stricter enforcement.

The Payments in Lieu of Taxes (PILT) program, which comprises most of the program's resources, applies to the purchase of real property for diplomatic missions and official residences. Payments to municipal tax authorities are based on the principle of equity and are calculated based on the rates that would apply to federal property if it were taxable. PILT is co-administered by Public Works and Government Services Canada (PWGSC) and the Office of Protocol of the GAC on the basis of a Memorandum of Understanding.

Finding #2: XDC is meeting service standards most of the time.

XDC has maintained service standards for selected core services in 2009, which it reviews each year; however performance data for service standards was only available for FY2016-2017. Based on this, the evaluation found that XDC was meeting service standards most of the time. Where service standards were not met, it was usually due to incomplete application forms or missing documents on the part of the applicant.

XDC staff noted the need to reduce processing times for Agrément requests, and is currently aiming to reduce them to eight weeks or less to bring them in line with those of other countries. Since April 2017, over 75% of Agrément requests were completed within 6 weeks or less and 100% within 8 weeks.

Finding #3: Overall, there is a high level of satisfaction with XDC programs and services among clients and partners.

XDC scored an A- (8.24/10) on overall client satisfaction.

Survey respondents expressed high levels of satisfaction with the core services delivered by XDC in terms of the availability of information, the timeliness of delivery and the quality of service.

% Satisfied + Very Satisfied

Text version

• In regard to agrément services,  a total of 92% of clients were satisfied (31%) and very satisfied (61%) with the availability of information, 84% of clients were satisfied (45%) and very satisfied (39%) with the timeliness of delivery, and 94% of clients were satisfied (33%) and very satisfied (61%) with the quality of service.
• In regard to accreditation services,  a total of 90% of clients were satisfied (35%) and very satisfied (55%) with the availability of information, 82% of clients were satisfied (55%) and very satisfied (27%) with the timeliness of delivery, and 92% of clients were satisfied (42%) and very satisfied (50%) with the quality of service.
• In regard to post-accreditation services,  a total of 90% of clients were satisfied (35%) and very satisfied (55%) with the availability of information, 75% of clients were satisfied (35%) and very satisfied (40%) with the timeliness of delivery, and 85% of clients were satisfied (40%) and very satisfied (45%) with the quality of service.

Text version

• In regard to privileges and immunities services,  a total of 90% of clients were satisfied (40%) and very satisfied (50%) with the availability of information, 85% of clients were satisfied (56%) and very satisfied (29%) with the timeliness of delivery, and 92% of clients were satisfied (48%) and very satisfied (44%) with the quality of service.
• In regard to diplomatic security services,  a total of 74% of clients were satisfied (32%) and very satisfied (42%) with the availability of information, 70% of clients were satisfied (35%) and very satisfied (35%) with the timeliness of delivery, and 81% of clients were satisfied (42%) and very satisfied (39%) with the quality of service.
• In regard to reciprocal employment agréments services,  a total of 100% of clients were satisfied (45%) and very satisfied (55%) with the availability of information, 100% of clients were satisfied (36%) and very satisfied (63%) with the timeliness of delivery, and 100% of clients were satisfied (27%) and very satisfied (73%) with the quality of service.

Interviews with clients and partners confirmed a high level of satisfaction with XDC, with multiple stakeholders using the adjectives: responsive, professional and knowledgeable to describe XDC staff.

There were relatively few critical or negative comments; these related to long processing times for certain services, and to XDC’s inflexibility/rigidity on specific issues.

A few stakeholders, representing Provincial Offices of Protocol and police services, expressed a desire for more outreach activities and proactive provision of information, indicating that they had found such efforts very useful in the past.

Finding #4: The Diplomatic Corps Services Program is contributing to the advancement of Canada’s International Agenda.

Outreach Programs provide opportunities for GAC to advocate for Canada’s interests and values.

The goal of XDC’s Outreach Program is to advance Canadian interests by directly engaging foreign heads of mission and sensitizing them to Canada’s strengths, opportunities and priorities. In the two previous fiscal years, XDC organized a total of 42 outreach events, including two signature events.

In March 2016, XDC organized an economic mission to Alberta to showcase the economic potential of the province. A total of 30 high-ranking foreign representatives participated in the mission and most expressed positive feedback about the event.

Survey results also demonstrated that economic missions had, or were likely to, produce benefits for Canada. For example:

• 94% of respondents agreed that the economic missions improved their understanding of economic opportunities in Canada (n=18)
• 78% of respondents agreed that the economic missions contributed to (or would contribute to) economic, trade, or investment benefits (n=18)

Diplomatic services & programs delivered by XDC create favourable conditions for Canadian representatives abroad.

The principle of reciprocity is the basis for diplomatic relations. The treatment that Canadian representatives receive abroad informs Canada’s treatment of state representatives in Canada and vice-versa.

Based on a limited number of interviews with Canadian officials abroad, XDC regularly provides sound advice on reciprocity issues, and where appropriate, takes the lead on negotiations with foreign embassies to improve conditions for Canadian officials. Interviewees noted having received specific support related to tax exemptions, customs privileges, and motor vehicle licensing; and expressed overall satisfaction with the results.

Finding #5: Most of the non-statutory programs and services delivered by XDC provide added value.

XDC delivers a range of services which are not required by international conventions. While these activities increase workload, they add value to the core services delivered by the Office of Protocol and support Canada’s international agenda.

Outreach Program:

The events and activities organized by the Outreach Program are the most valuable of the non-core services according to interviewees. Outreach activities give GAC an opportunity to showcase Canada’s opportunities, and to promote its interests and values.

Northern Tour 2016

In the spring of 2016, 21 foreign heads of mission participated in a tour of northern Canada. This was an opportunity to meet with Canadian northerners and to learn more about the arctic, including about Canada’s foreign policy objectives related to the environment,  climate change, Indigenous affairs and northern economic development.

Participants in this event were satisfied with both the organization and the content of the Tour. Out of the 7 participants that answered the survey:

• All agreed that the tour taught them or their teams about Northern Canada
• All agreed that the tour would contribute to bilateral benefits between Canada and their home country

Another non-statutory service perceived to be important is the Domestic Worker Program, which aims to prevent exploitation of domestic workers accredited to diplomatic households. This involves a rigorous pre-accreditation screening process, as well as regular contact with domestic workers during the duration of their assignment.  In 2016/17, XDC received 15 requests to employ domestic workers, met with seven prospective employers, and conducted 40 compliance interviews. Despite the high workload imposed by this program, all key informants agreed that it is essential in terms of protecting workers’ rights and upholding Canadian values.

Some services deemed less valuable by interviewees were: providing assistance in obtaining fishing licences, the Ontario License Plate program and the Liaison role of XDC in the honours program for Canadian Citizens by foreign states.

While some key stakeholders expressed a desire to discontinue XDC’s provision of these services, they continue to be aligned with the program’s mandate, insofar as they involve services to foreign representatives and missions in Canada. The exception was the issuing Letters of Credence and Recall for Canadian HoMs, which was not seen to fall under XDC’s mandate and which key informants preferred be moved elsewhere in the department.

Finding #6: XDC has adapted well to changing federal priorities and unforeseen challenges.

Over the reference period of this evaluation, several factors have placed additional pressure on XDC. The Office of Protocol has demonstrated a strong capacity to adjust to changing realities and has succeeded in adapting internal policies and procedures to deal with emerging issues.

Electronic Travel Authorization (eTA)

As of November 10, 2016, the eTA requirement became mandatory for all visa exempt nationals (except US citizens). This policy decision, initiated by IRCC and managed by CBSA, did not originally take into account exemptions that are normally granted to accredited diplomats to Canada and their family members, who hold valid multiple-entry Acceptances. The problem could have affected up to 6,500 XDC clients.

After receiving the first complaints about the eTA, the Office of Protocol made staff available to assist clients being refused boarding and worked with relevant stakeholders, including IRCC and CBSA, to resolve the issue. As of January 19th, 2017, only 50 cases had been reported to GAC. XDC approved over 100 hours of overtime between November and February 2017 to deal with issues related to the eTA.

Overall, through its proactive attitude, the Office of Protocol was able to limit the number of clients affected by the eTA restrictions and minimize damage to Canada’s bilateral diplomatic relations. Nonetheless, the crisis management related to the eTA put considerable strain on XDC employees and some interviewees noted negative impacts on the delivery of core services.

This challenge has had an enduring impact on the DCSP operations and a long-term and permanent solution has not yet been identified.

Renewed foreign policy commitments

Elected in October 2015, the new liberal government sought to re-engage Canada in multilateral forums, particularly in the United Nations. A key commitment on foreign policy was the campaign to obtain a non-permanent seat at the UN Security Council in 2021. As part of the campaign, many of GAC’s branches have been asked to make an effort towards the campaign, including XDC. To this effect, XDC has committed to support the campaign by advocating for Canada’s candidacy during outreach events and facilitating meetings with foreign representatives to showcase Canada’s initiatives. In recent years, there has been an increase in the number of outreach events organized by the Office of Protocol. In FY15/16 27 outreach events were organized, while 30 were organized in FY16/17. Some key informants noted that the increased focus on Outreach has increased, or is likely to increase staff workload.

Finding #7: XDC has adequate policy and staff capacity to enable effective delivery of core services, but is vulnerable to surges in workload and staff turnover.

Clear Policy Guidance & Mandate

There is clear legislative and policy guidance for the Office of Protocol and XDC as outlined in the Foreign Missions and International Organizations Act.

The Office of Protocol clearly articulates its services, programs and procedures for GAC stakeholders in the Diplomatic Corps Services Program Manual, and for external stakeholders through publicly available policies, circular notes and other information on their website.

A majority of key stakeholders stated that information about services, programs and procedures was clear, useful and easily accessible.

Tools

The evaluation found ample evidence that XDC has implemented tools, standards and procedures to enable to the effective delivery of services and programs. For example:

• Existence of service standards & tools to track service delivery (e.g. Privileges, Agrément, Accreditation, flight tracking for HOMs, Luncheon attendance tracking, honours programs)
• Existence of templates for frequent messages (e.g. Incomplete Agrément application, Incomplete Accreditation application, briefing book templates, messages to GEOs for preparation for events)
• Evidence of outreach to police bodies across Canada (e.g. Presentation and training of police bodies on concepts of diplomatic immunity)

Resourcing issues

In recent years, XDC has faced increased workload due to a reduction in processing times, political and regulatory shifts, and unforeseen situations. The result is that staff had to take on functions that are not typically associated with their classification group. For example, there has been an increased need for a policy function in XDC for interpretation and analysis of Conventions. Yet, the program is primarily staffed by administrative services (AS) employees at the working-level.

In addition, while XDC has a good balance of rotational and non-rotational positions overall, several key stakeholders expressed concerns about vulnerability to turnover in certain key positions (i.e. Deputy Director, Privileges and Immunities, Accreditation). This is related to the highly specialized and customary nature of protocol work.

Finding #8: XDC has addressed most of the recommendations from the 2010 Evaluation.

Recommendations