Establishment of Afghanistan and Pakistan Strategic Partnership Office and Amendment to Executive Order 12163

Overview

Establishment of the APSPO

Executive Order 13656, signed by President Barack Obama on January 17, 2014, marks a strategic step in U.S. foreign policy concerning Afghanistan and Pakistan. It establishes the Afghanistan and Pakistan Strategic Partnership Office (APSPO) within the Department of State, designed to facilitate a strategic partnership between the U.S. and the governments of these two countries. This order aligns with broader objectives of promoting security, stabilization, and a normalized diplomatic presence as the U.S. sought to draw down its military and civilian involvement in the region, especially following over a decade of intensive military engagement led by the United States.

Primary Functions and Objectives

The APSPO is charged with supporting executive departments and agencies in transitioning towards a strategic relationship focusing on economic, diplomatic, cultural, technology, and security sectors. It emphasizes program management, the rule of law, and oversight - suggesting a holistic approach that looks beyond immediate security concerns to include long-term governance and developmental challenges in Afghanistan and Pakistan. The office also carries the significant responsibility of coordinating the drawdown of civilian operations, indicating a shift from active engagement to a more supportive diplomatic role.

Temporary Measures and Broader Implications

Though temporary, the APSPO serves as a critical mechanism to ensure a smooth transition during a period of significant change in the U.S.’s approach to Afghanistan and Pakistan. This shift reflects a broader strategic recalibration in U.S. foreign policy, emphasizing diplomacy and support rather than direct intervention. It underscores the administration’s commitment to fostering regional stability and addressing the conditions that could lead to international threats, while also managing domestic expectations concerning U.S. engagement overseas.

Coordination and Oversight

In its role, the APSPO is tasked to coordinate the final drawdown of the State Department's civilian staff and operations in Afghanistan, streamline administrative processes related to certain assistance funds, and potentially develop new frameworks for ongoing partnership. This indicates a move towards consolidating the lessons learned over years of military and diplomatic efforts, ensuring that these inform the new structures of partnership.

Amendment to Previous Orders

In amending Executive Order 12163, the new directive seeks to align the functions and responsibilities established in 1979, focused on the administration of foreign assistance, with contemporary challenges and geopolitical realities. This suggests a recognition of evolving international dynamics and the need for flexibility and adaptation in institutional frameworks governing U.S. foreign policy initiatives.

Legal and Policy Implications

Statutory Foundations

Legally, Executive Order 13656 draws on the authority vested in the President by the Constitution and specific statutes, including section 202 of the Revised Statutes and section 3161 of title 5, United States Code. It establishes a temporary organization under the Department of State, indicating a reliance on existing legal frameworks to facilitate new strategic objectives without overhauling current legislative provisions.

Policy Shifts

The establishment of the APSPO signals a shift in policy from a focus on military engagement to diplomatic and developmental support. This aligns with the Obama administration's wider foreign policy ethos of seeking multilateral and diplomatic solutions where possible. It aims to institutionalize mechanisms that were previously managed through military or ad hoc arrangements, thereby reinforcing a more sustainable, long-term approach to international partnerships in volatile regions.

Integration with Existing Policies

Executive Order 13656 integrates with the existing policy framework by aligning with Executive Order 12163, issued during the Carter administration, which focused on structuring the administration of foreign assistance. By amending this previous order, the APSPO’s establishment reveals an intent to streamline and update foreign assistance policy mechanisms to better reflect current needs and strategic objectives of the U.S. in the geopolitical landscapes of Afghanistan and Pakistan.

Impact on Foreign Assistance

By coordinating the administration of certain State Department assistance funds, the APSPO's mandate touches upon the broader foreign assistance policy, potentially affecting how resources are allocated and prioritized. The focus on program management and oversight also suggests an attempt to enhance accountability and effectiveness in foreign aid distribution, ensuring that it aligns with both security interests and developmental goals.

Constitutional Authority

The reliance on presidential authority underscores the flexibility and discretion afforded to the Executive Branch in matters of foreign policy and national security. However, this also raises questions about the balance of power between the Executive and Legislative Branches in setting and implementing foreign policy objectives, particularly when substantial resources and political capital are at stake.

Who Benefits

Governments of Afghanistan and Pakistan

The primary beneficiaries of Executive Order 13656 are the governments of Afghanistan and Pakistan. By facilitating strategic partnerships, the APSPO aims to enhance political stability in both countries, supporting governance structures and increasing capacity in sectors such as the economy, security, and technology. This support is crucial in transitioning Afghanistan and Pakistan from a state of dependency on military aid to a more stable, self-sufficient partnership with broad international support.

U.S. State Department and Associated Agencies

U.S. federal agencies, particularly those involved in foreign affairs and international development, stand to benefit from the creation of a specialized office focused on Afghanistan and Pakistan. This concentration of expertise and resources can enhance the effectiveness of U.S. efforts overseas while potentially increasing inter-agency coordination and operational efficiencies.

Development and Humanitarian Sectors

The development sector may also benefit from an increased focus on program management and oversight. By improving the administration of assistance funds and enhancing transparency and accountability, development initiatives in both countries are more likely to succeed. This can foster more sustainable economic development and societal resilience, potentially reducing the need for future interventions.

Security and Stability Experts

Security specialists and diplomatic strategists will find opportunities to apply their expertise in fostering stability in the region. By shifting focus to diplomatic and developmental strategies, the APSPO offers new challenges and opportunities for professionals dedicated to international stability and cooperative security efforts.

International Allies

Moreover, international allies of the U.S. involved in Afghanistan and Pakistan's development will benefit indirectly. Enhanced stabilization efforts and the transition to normalized diplomatic relations can reduce regional tensions and improve international relations, supportive of broader geopolitical stability in South Asia.

Who Suffers

Military Contractors and Defense Industry

The defense industry, particularly military contractors who have benefited from extensive military operations and reconstruction projects in Afghanistan and Pakistan, may face challenges as the focus shifts away from military engagement. This order signals a pivot from major defense contracts toward diplomatic and developmental assistance, potentially impacting profit margins and operational portfolios of companies heavily invested in defense activities in these regions.

Certain Segments of the Civilian Workforce

U.S. civilian workers, particularly those engaged in field operations in Afghanistan or Pakistan, may be adversely affected as the APSPO coordinates the drawdown of civilian operations. This could lead to job losses or the need to transition to different roles within the U.S. government's international operations framework.

Afghanistan and Pakistan’s Internal Power Structures

Internally, power structures within Afghanistan and Pakistan that rely on the continuation of military aid and related economic influxes may face disruption. The shift towards a partnership model that emphasizes diplomatic and economic strategies could pose threats to entrenched interests that have benefited from less overseen, military-focused aid flows.

Opposition Groups

Opposition groups within Afghanistan and Pakistan, particularly those critical of U.S. involvement, might perceive this shift as marginalizing their concerns or efforts. The strategic partnership might be viewed as bolstering the current governments without addressing issues of inclusivity or democratic deficits, potentially aggravating internal conflicts.

Critics of U.S. Foreign Policy Strategy

Critics of U.S. foreign policy doctrine might argue that this approach fails to address the underlying issues of regional conflict, viewing it as a superficial solution that does not employ substantive conflict resolution. Moreover, some may argue it diverts focus from more critical immediate security threats in favor of long-term strategic positioning.

Historical Context

Post-9/11 Foreign Policy Landscape

The establishment of the APSPO is rooted in the history of U.S. engagement in Afghanistan and Pakistan following the events of September 11, 2001. It reflects an evolution from direct military intervention to a more nuanced approach incorporating diplomatic and developmental strategies. This adjustment aligns with broader post-9/11 foreign policy objectives to create more stable and cooperative international partnerships that address the root causes of extremism.

Obama Administration’s Ideological Stance

President Obama’s administration was characterized by a commitment to multilateralism and diplomacy. The establishment of the APSPO can be seen as a manifestation of this broader ideological stance, reinforcing an image of the U.S. as a stabilizing force that prefers engagement and partnerships over unilateral military actions.

Legacy of Transitional Governance

Historically, transitional offices and task forces have been established to manage shifts in foreign policy strategy, especially in post-conflict regions. The APSPO serves as a contemporary example of such a mechanism, reflecting lessons learned over previous decades from international engagements in regions like Iraq and Southeast Asia where the U.S. experienced varying levels of success in promoting stability through economic and developmental initiatives.

Comparison with Other Strategic Initiatives

In the context of similar strategic partnership initiatives, the APSPO could be compared to efforts like the U.S. Strategy for Engagement in Central Asia. These initiatives aim to foster cooperation and promote regional stability through infrastructure support, economic development, and social progress, aligning geopolitical objectives with developmental needs.

Shift in Resource Allocation and Focus

This order also illustrates a broader shift in resource allocation towards diplomatic and developmental efforts within U.S. foreign policy. By creating institutional frameworks to manage these efforts, the Obama administration set precedents that influence how future administrations approach complex international relations where both security and developmental goals are paramount.

Potential Controversies or Challenges

Congressional Concerns Over Executive Authority

One potential controversy surrounding EO 13656 is the perception of executive overreach. Congress may question the President's use of executive power to establish the APSPO, particularly concerning the allocation of funds and the coordination of broad foreign assistance. There could be concerns about whether the APSPO undermines legislative powers over foreign aid appropriations and policy making.

Legal Challenges to Transitional Provisions

Legal scrutiny could arise regarding the APSPO’s transitional nature. Questions on its alignment with statutory requirements under section 3161 of title 5, United States Code, might be raised, particularly in terms of organizational setup, personnel assignments, and the specific duration of its authority. This could lead to legal debates on the interpretation and application of the underlying statutes that empower such executive orders.

Bureaucratic and Budgetary Hurdles

The APSPO's effective implementation may encounter bureaucratic challenges stemming from inter-agency coordination and resource allocation. Budgetary constraints are also potential bottlenecks, especially if congressional appropriations do not align with the Strategic Partnership Office’s operational needs or if austerity measures prioritize domestic over foreign expenditures.

Enforcement and Accountability Mechanisms

Another potential controversy lies in the enforcement of accountability measures within the APSPO’s operations. Ensuring transparency and effective oversight as it administers assistance funds could become a focal point for critics concerned about waste, mismanagement, or corruption. This concern is heightened in contexts where past aid efforts have faced scrutiny under similar allegations.

Regional Geopolitical Ramifications

Geopolitical challenges also present potential controversies, as the strategic partnership model might provoke reactions from regional rivals and political factions within Afghanistan and Pakistan. These actors may perceive U.S. efforts as an attempt to maintain influence at the expense of local autonomy or regional balance of power, potentially leading to diplomatic tensions.