Corporations & war

"I see in the near future a crisis approaching that unnerves me and causes me to tremble for the safety of my country... Corporations have been enthroned, an era of corruption in high places will follow, and the money-power of the country will endeavor to prolong its reign by working upon the prejudices of the people until the wealth is aggregated in a few hands and the Republic is destroyed."
                                                  --Abraham Lincoln, November 12, 1864

"In the councils of government, we must guard against the
acquisition of unwarranted influence, whether sought or unsought,
by the military- industrial complex."

                              --President Dwight D. Eisenhower, January 17, 1961

"Is there any man, is there any woman, let me say any child here, that does not know that the seed of war in the modern world is industrial and commercial rivalry?"
                       --Woodrow Wilson, a year after the first world war ended

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Integrity

Retro Poll

Arms Trade Project   
Rescind Corporate Personhood   

March 2007.
J. D. Crowe cartoon - killed

November 2005.
The Fox In The Henhouse: How Privatization Threatens Democracy

January - July 2005.
Mike Davis: Sinister Paradise
Chuck Collins: Millionaires and War
The Rise of Disaster Capitalism
Naomi Klein On The Rise of Disaster Capitalism --DemocracyNow!
Tort Reform: The Big Payoff for Corporations, Curbing the Lawsuits that Hold them Accountable

July - December 2004.
Confessions of an Economic Hit Man: How the U.S. Uses Globalization to Cheat Poor Countries Out of Trillions - John Perkins
FBI probes Halliburton oil contract
$1.9 billion for Halliburton being taken from Iraqi funds
Consultant slams Halliburton contract - Readers taken inside bidding process

April - June 2004.
Derek Cressman: Did Cheney know about Grandma Millie?
Houston, We Have a Problem - An Alternative Annual Report on Halliburton
    Halliburton ...the number one financial beneficiary of the war against Iraq,
     raking in some $18 billion in contracts to rebuild the country's oil industry
     and service the U.S. troops in Iraq

Jobs flying faster from U.S. - Estimate for 2006 raised by 40% -- to 800,000
The Halliburton Agenda: The Politics of Oil and Money    DemocracyNow!
Warnings fail to stop Iraq contract - Halliburton awarded pact though audit showed shoddy billing
Military contractors -- Above the law?
Abuse of Iraqis raises questions about role of U.S. contractors
George Monbiot: Globalizing Democracy: Manifesto for a New World Order    DemocracyNow!
60 Years is Enough: Thousands Protest the IMF and World Bank   DemNow!

January - March 2004 .
Global security firms fill in as private armies - 15,000 agents patrol violent streets of Iraq
"The boom in Iraq is just the tip of the iceberg for the $100 billion-a- year industry, which experts say has been the fastest-growing sector of the global economy during the past decade. From oil companies in the African hinterland to heads of state in Haiti and Afghanistan to international aid agencies in hotspots around the world, the difference between life and death is decided by private guns for hire."
David Lazarus: A firm in position to profit
Rebuilding Iraq a lucrative job - US construction firms banking on the long term
Christian Parenti On the "Ongoing Despotism" in Iraq    DemocracyNow!
Offshoring's giant target: Silicon Valley could face export of 1 in 6 jobs
The 10 Worst Corporations of 2003 - DemocracyNow!
Halliburton Hires Bush Family Lawyer To Conduct Internal Probe Over Nigeria Bribes - DemocracyNow!
Bechtel inks huge deal - $2.5 billion contract to build airport in Qatar
Kellogg Brown & Root Wins New US Army Contract - Halliburton subsidiary
The future may be bleak, but it looks very, very profitable - The Final Frontier as a corporate boondoogle
Sean Penn: Report from Iraq - Part II
   "DynCorp is a ubiquitous presence in Baghdad. A PMC, or private military corporation. ... DynCorp is a subsidiary of the benignly named Computer Sciences Corp. DynCorp forces are mercenaries. Their contracts have included covert actions for the CIA in Colombia, Peru, Kosovo, Albania and Afghanistan. ...
    As an aside, DynCorp personnel, contracted to the U.N. police who served in Bosnia, were accused of buying and selling prostitutes, including girls as young as 12 years old. When several DynCorp employees were also accused of videotaping the rape of one of the women, employee Kathy Bolkovac blew the whistle on the alleged sex ring and was immediately dismissed from the company. DynCorp is a "top 25" government contractor, which posted $2.3 billion in revenues in 2002, according to Business Week."

Despite probe, Cheney's former firm gets Iraq oil contract
Auditors seek Halliburton fuel deal probe

October - December 2003 .
Pentagon alleges Iraq rip-off - Cheney's former company gouging U.S.
U.S. paying dearly for gas in Iraq - Halliburton Co. charging $2.64 per gallon
No exit from Iraq for America's market men
Military Industrial Complex
Bid to trim Bechtel's tax - a break on U.S. income
U.S. Contractors Reap the Windfalls of Post-War Reconstruction
Iraq contract extended for Cheney's former company

July - September 2003 .
U.S. top weapons seller with 45% of '02 market - Majority of its arms sales were to developing countries
Bechtel contract expands - $350 million more for rebuilding Iraq
Halliburton's Iraq contracts exceed $1.7 billion - formerly headed by Cheney
ABA opens door for lawyers to tell - Rules favor stopping corporate fraud
Rancor mounts over Iraq contract - Bidding unfairly favors Halliburton
The court has spoken -- Corporations not human

April - June 2003.
Molly Ivins: There's gold in them there Iraqi hills
Rebuilding of Iraq under continual attack - could add millions to Bechtel
Richard Blum - The man behind URS, next to Sen. Feinstein
  ~   URS growth strategy tied to defense work
Pentagon Adviser in Seminar Flap - Richard Perle on how to profit from war
DynCorp with New U.S. Iraq Contract Drops Balkan Sex Case Appeal
ChevronTexaco on a roll, - Oil company benefits from high pump prices
Halliburton's work for terrorist sponsors challenged
   ~   Letter from Rep Waxman (D-CA) to Rumsfeld (Full Text, pdf)
Bush tries to weaken tobacco treaty
Tough road for investor payback - 10 firms will pay restitution
Privatization of the Military - Democracy Now! webcast
     re SF-based engineering firm URS Corp. owned by husband of Senator Feinstein
War brings business to Feinstein spouse
Bechtel's unethical actions in Bolivia
Postwar Iraq …Bechtel ...Smaller companies are also pursuing business
Politics a must for firms bidding to rebuild Iraq
Bechtel to rebuild Iraq - Politically connected S.F. firm wins bid
Firms around world all want piece of 'huge prize'
Rebuild contracts eschew nonprofits - Commercial firms favored
Dyncorp Rent-a-Cops May Head to Post-Saddam Iraq

January - March 2003.
Halliburton’s Axis of Influence
Richard Perle-- the Prince of Darkness
Protests shift to firms - Demonstrators scale back, focus on war's supporters
Satellite-makers rake in war dollars
Surprising silence on war in Iraq by socially responsible funds
Score of area businesses feed military machine's need for gear
U.S. taking bids for rebuilding Iraq
Firm linked to Cheney wins oil-field contract
Who armed Iraq?
General reverses his role
Arundhati Roy: Confronting Empire
International Right to Know
Eye on the Contractor's Ball
2 U.S. space giants accused of aiding China

2002.
Top-secret Iraq Report Reveals U.S. Corporations, Gov't Agencies
  and Nuclear Labs Helped Illegally Arm Iraq

List of 24 U.S. companies which illegally armed Iraq
War and corporations -- a brief primer
Private Power Partnerships
Champion of corporate reform
Resurgence for nuclear labs
Robert Novak: U.S. connection in weapons of mass destruction
Global Pillage
Ralph Nader: Corporate socialism
DynCorp's Drug Problem

Books .
Gangs of America, The Rise of Corporate Power and the Disabling of Democracy, Ted Nace
When Corporations Rule the World, David C. Korten
The Divine Right of Capital: Dethroning the Corporate Aristocracy,
Marjorie Kelly

 

 

 

 

 

 

 

 

 

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The Rise of Disaster Capitalism

by Naomi Klein


Last summer, in the lull of the August media doze, the Bush Administration's doctrine of preventive war took a major leap forward. On August 5, 2004, the White House created the Office of the Coordinator for Reconstruction and Stabilization, headed by former US Ambassador to Ukraine Carlos Pascual. Its mandate is to draw up elaborate "post-conflict" plans for up to twenty-five countries that are not, as of yet, in conflict. According to Pascual, it will also be able to coordinate three full-scale reconstruction operations in different countries "at the same time," each lasting "five to seven years."

Fittingly, a government devoted to perpetual pre-emptive deconstruction
now has a standing office of perpetual pre-emptive reconstruction.

Gone are the days of waiting for wars to break out and then drawing up
ad hoc plans to pick up the pieces. In close cooperation with the National Intelligence Council, Pascual's office keeps "high risk" countries on a "watch list" and assembles rapid-response teams ready to engage in prewar planning and to "mobilize and deploy quickly" after a conflict has gone down. The teams are made up of private companies, nongovernmental organizations and members of think tanks--some, Pascual told an audience at the Center for Strategic and International Studies in October, will have "pre-completed" contracts to rebuild countries that are not yet broken. Doing this paperwork in
advance could "cut off three to six months in your response time."

The plans Pascual's teams have been drawing up in his little-known office in the State Department are about changing "the very social fabric of a nation," he told CSIS. The office's mandate is not to rebuild any old states, you see, but to create "democratic and market-oriented" ones. So, for instance (and he was just pulling this example out of his hat, no doubt), his fast-acting reconstructors might help sell off "state-owned enterprises that created a nonviable economy." Sometimes rebuilding, he explained, means "tearing apart the old."

Few ideologues can resist the allure of a blank slate--that was colonialism's seductive promise: "discovering" wide-open new lands where utopia seemed possible. But colonialism is dead, or so we are told; there are no new places to discover, no terra nullius (there never was), no more blank pages on which, as Mao once said, "the newest and most beautiful words can be written." There is, however, plenty of destruction--countries smashed to rubble, whether by so-called Acts of God or by Acts of Bush (on orders from God). And where there is destruction there is reconstruction, a chance to grab hold of "the terrible barrenness," as a UN official recently described the devastation in Aceh, and fill it with the most perfect, beautiful plans.

"We used to have vulgar colonialism," says Shalmali Guttal, a Bangalore-based researcher with Focus on the Global South. "Now we have sophisticated colonialism, and they call it 'reconstruction.'"

It certainly seems that ever-larger portions of the globe are under active reconstruction: being rebuilt by a parallel government made up of a familiar cast of for-profit consulting firms, engineering companies, mega-NGOs, government and UN aid agencies and international financial institutions. And from the people living in these reconstruction sites--Iraq to Aceh, Afghanistan to Haiti--a similar chorus of complaints can be heard. The work is far too slow, if it is happening at all. Foreign consultants live high on cost-plus expense accounts and thousand-dollar-a-day salaries, while locals are shut out of much-needed jobs, training and decision-making. Expert "democracy
builders" lecture governments on the importance of transparency and "good governance," yet most contractors and NGOs refuse to open their books to those same governments, let alone give them control over how their aid money is spent.

Three months after the tsunami hit Aceh, the New York Times ran a distressing story reporting that "almost nothing seems to have been done to begin repairs and rebuilding." The dispatch could easily have come from Iraq, where, as the Los Angeles Times just reported, all of Bechtel's allegedly rebuilt water plants have started to break down, one more in an endless litany of reconstruction screw-ups. It could also have come from Afghanistan, where President Hamid Karzai recently blasted "corrupt, wasteful and unaccountable" foreign contractors for "squandering the precious resources that Afghanistan received in aid." Or from Sri Lanka, where 600,000 people who lost their homes in the tsunami are still languishing in temporary camps. One hundred days after the giant waves hit, Herman Kumara, head of the National Fisheries Solidarity Movement in Negombo, Sri Lanka, sent out a desperate e-mail to colleagues around the world. "The funds received for the benefit of the victims are directed to the benefit of the privileged few, not to
the real victims," he wrote. "Our voices are not heard and not allowed to be voiced."

But if the reconstruction industry is stunningly inept at rebuilding, that may be because rebuilding is not its primary purpose. According to Guttal, "It's not reconstruction at all--it's about reshaping everything." If anything, the stories of corruption and incompetence serve to mask this deeper scandal: the rise of a predatory form of disaster capitalism that uses the desperation and fear created by catastrophe to engage in radical social and economic engineering. And on this front, the reconstruction industry works so quickly and efficiently that the privatizations and land grabs are usually locked in before the local population knows what hit them. Kumara, in another e-mail, warns that Sri Lanka is now facing "a second tsunami of corporate globalization and militarization," potentially even more devastating than the first. "We see this as a plan of action amidst the tsunami crisis to hand over the sea and the coast to foreign corporations and tourism, with military assistance from the US Marines."

As Deputy Defense Secretary, Paul Wolfowitz designed and oversaw a strikingly similar project in Iraq: The fires were still burning in Baghdad when US occupation officials rewrote the investment laws and announced that the country's state-owned companies would be privatized. Some have pointed to this track record to argue that Wolfowitz is unfit to lead the World Bank; in fact, nothing could have prepared him better for his new job. In Iraq, Wolfowitz was just doing what the World Bank is already doing in virtually every war-torn and disaster-struck country in the world--albeit with fewer bureaucratic niceties and more ideological bravado.

"Post-conflict" countries now receive 20-25 percent of the World Bank's total lending, up from 16 percent in 1998--itself an 800 percent increase since 1980, according to a Congressional Research Service study. Rapid response to wars and natural disasters has traditionally been the domain of United Nations agencies, which worked with NGOs to provide emergency aid, build temporary housing and the like. But now reconstruction work has been revealed as a tremendously lucrative industry, too important to be left to the do-gooders at the UN. So today it is the World Bank, already devoted to the principle of poverty-alleviation through profit-making, that leads the charge.

And there is no doubt that there are profits to be made in the reconstruction business. There are massive engineering and supplies contracts ($10 billion to Halliburton in Iraq and Afghanistan alone); "democracy building" has exploded into a $2 billion industry; and times have never been better for public-sector consultants--the private firms that advise governments on selling off their assets, often running government services themselves as subcontractors. (Bearing Point, the favored of these firms in the United States, reported that the revenues for its "public services" division "had quadrupled in just five years," and the profits are huge: $342 million in 2002--a profit margin of 35 percent.)

But shattered countries are attractive to the World Bank for another reason: They take orders well. After a cataclysmic event, governments will usually do whatever it takes to get aid dollars--even if it means racking up huge debts and agreeing to sweeping policy reforms. And with the local population struggling to find shelter and food, political organizing against privatization can seem like an unimaginable luxury.

Even better from the bank's perspective, many war-ravaged countries are in states of "limited sovereignty": They are considered too unstable and unskilled to manage the aid money pouring in, so it is often put in a trust fund managed by the World Bank. This is the case in East Timor, where the bank doles out money to the government as long as it shows it is spending responsibly. Apparently, this means slashing public-sector jobs (Timor's government is half the size it was under Indonesian occupation) but lavishing aid money on foreign consultants the bank insists the government hire (researcher Ben Moxham writes, "In one government department, a single international consultant earns in one month the same as his twenty Timorese colleagues earn together in an entire year").

In Afghanistan, where the World Bank also administers the country's aid through a trust fund, it has already managed to privatize healthcare by refusing to give funds to the Ministry of Health to build hospitals. Instead it funnels money directly to NGOs, which are running their own private health clinics on three-year contracts. It has also mandated "an increased role for the private sector" in the water system, telecommunications, oil, gas and mining and directed the government to "withdraw" from the electricity sector and leave it to "foreign private investors." These profound transformations of Afghan society were never debated or reported on, because few outside the bank know they took place: The changes were buried deep in a "technical annex" attached to a grant providing "emergency" aid to Afghanistan's war-torn
infrastructure--two years before the country had an elected government.

It has been much the same story in Haiti, following the ouster of President Jean-Bertrand Aristide. In exchange for a $61 million loan, the bank is requiring "public-private partnership and governance in the education and health sectors," according to bank documents--i.e., private companies running schools and hospitals. Roger Noriega, US Assistant Secretary of State for Western Hemisphere Affairs, has made it clear that the Bush Administration shares these goals. "We will also encourage the government of Haiti to move forward, at the appropriate time, with restructuring and privatization of some public sector enterprises," he told the American Enterprise Institute on April 14, 2004.

These are extraordinarily controversial plans in a country with a powerful socialist base, and the bank admits that this is precisely why it is pushing them now, with Haiti under what approaches military rule. "The Transitional Government provide[s] a window of opportunity for implementing economic governance reforms...that may be hard for a future government to undo," the bank notes in its Economic Governance Reform Operation Project agreement. For Haitians, this is a particularly bitter irony: Many blame multilateral institutions, including the World Bank, for deepening the political crisis that led to Aristide's ouster by withholding hundreds of millions in promised loans. At the time, the Inter-American Development Bank, under pressure from the State Department, claimed Haiti was insufficiently democratic to receive the money, pointing to minor irregularities in a legislative election. But now that Aristide is out, the World Bank is openly celebrating the perks of operating in a democracy-free zone.

The World Bank and the International Monetary Fund have been imposing shock therapy on countries in various states of shock for at least three decades, most notably after Latin America's military coups and the collapse of the Soviet Union. Yet many observers say that today's disaster capitalism really hit its stride with Hurricane Mitch. For a week in October 1998, Mitch parked itself over Central America, swallowing villages whole and killing more than 9,000. Already impoverished countries were desperate for reconstruction aid--and it came, but with strings attached. In the two months after Mitch struck, with the country still knee-deep in rubble, corpses and mud, the Honduran congress initiated what the Financial Times called "speed sell-offs after the storm." It passed laws allowing the privatization of airports, seaports and highways and fast-tracked plans to privatize the state telephone company, the national electric company and parts of the water sector. It overturned land-reform laws and made it easier for foreigners to buy and sell property. It was much the same in neighboring countries: In the same two months, Guatemala announced plans to sell off its phone system, and Nicaragua did likewise, along with its electric company and its petroleum sector.

All of the privatization plans were pushed aggressively by the usual suspects. According to the Wall Street Journal, "the World Bank and International Monetary Fund had thrown their weight behind the [telecom] sale, making it a condition for release of roughly $47 million in aid annually over three years and linking it to about $4.4 billion in foreign-debt relief for Nicaragua."

Now the bank is using the December 26 tsunami to push through its cookie-cutter policies. The most devastated countries have seen almost no debt relief, and most of the World Bank's emergency aid has come in the form of loans, not grants. Rather than emphasizing the need to help the small fishing communities--more than 80 percent of the wave's victims--the bank is pushing for expansion of the tourism sector and industrial fish farms. As for the damaged public infrastructure, like roads and schools, bank documents recognize that rebuilding them "may strain public finances" and suggest that governments consider privatization (yes, they have only one idea). "For certain investments," notes the bank's tsunami-response plan, "it may be appropriate to utilize private financing."

As in other reconstruction sites, from Haiti to Iraq, tsunami relief has little to do with recovering what was lost. Although hotels and industry have already started reconstructing on the coast, in Sri Lanka, Thailand, Indonesia and India, governments have passed laws preventing families from rebuilding their oceanfront homes. Hundreds of thousands of people are being forcibly relocated inland, to military style barracks in Aceh and prefab concrete boxes in Thailand. The coast is not being rebuilt as it was--dotted with fishing villages and beaches strewn with handmade nets. Instead, governments, corporations and foreign donors are teaming up to rebuild it as they would like it to be: the beaches as playgrounds for tourists, the oceans as watery mines for corporate fishing fleets, both serviced by privatized airports and
highways built on borrowed money.

In January Condoleezza Rice sparked a small controversy by describing the tsunami as "a wonderful opportunity" that "has paid great dividends for us." Many were horrified at the idea of treating a massive human tragedy as a chance to seek advantage. But, if anything, Rice was understating the case. A group calling itself Thailand Tsunami Survivors and Supporters says that for "businessmen-politicians, the tsunami was the answer to their prayers, since it literally wiped these coastal areas clean of the communities which had previously stood in the way of their plans for resorts, hotels, casinos and shrimp farms. To them, all these coastal areas are now open land!"

Disaster, it seems, is the new terra nullius.

The Nation

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Warnings fail to stop Iraq contract

Halliburton awarded pact though audit showed shoddy billing

Eric Rosenberg, Hearst Newspapers
Sunday, May 16, 2004

Washington -- The Army last year awarded an Iraqi reconstruction contract worth up to $8.2 billion to a Halliburton Co. subsidiary, despite warnings from Pentagon auditors that the company had a shoddy billing system that could lead to overcharges.

The no-competition contract to help Iraq's oil industry was awarded by the Army Corps of Engineers just eight months after a separate Pentagon unit, the Defense Contract Audit Agency, reported on Aug. 2, 2002, that it had found "significant deficiencies" in the billing methods of Halliburton's Kellogg, Brown and Root Services (KBR) unit.

The deficiencies "have adversely affected the organization's ability to record, process, summarize and report billings" charged to U.S. military contracts, said the audit, obtained under the Freedom of Information Act over Halliburton's objections. Unless the company fixed its billing system, the auditors warned, "the result is significant over- and under-billed costs" to the government.

Titled "Report on Audit of Billing System Internal Controls," the audit was performed by the Defense Contract Audit Agency's Houston branch office.

The audit agency said last week that those deficiencies have never been fixed but were not sufficiently grave to disqualify KBR from additional Pentagon contracts.

The Iraqi oil contract was awarded on a noncompetitive basis and came after the Pentagon had signed up KBR for a contract worth up to $9.4 billion to provide logistics for U.S. troops around the world.

Halliburton, an energy services giant headed by Vice President Dick Cheney from 1995 to 2000, is one of the largest U.S. companies operating in Iraq.

Since the 2002 audit, KBR has come under fire for an array of alleged financial irregularities, including overcharges related to fuel and food for troops.

In a written statement, Wendy Hall, a Halliburton spokeswoman, said the conclusions of the 2002 audit were "unrelated" to the other alleged irregularities and that all "current billings have been prepared properly, processed efficiently and paid by the government in a timely manner."

But Marine Corps Lt. Col. Rose-Ann L. Lynch, a spokeswoman for the audit agency, said in a written statement last week that KBR still has not fixed the billing problems and that the audit agency has uncovered six more failures. One of the six -- poor financial controls at KBR's troop dining facility operations -- has resulted in "significant overbillings to the government," Lynch said.

At the time of the 2002 audit, KBR "did not have written general policies and procedures" for its employees on the proper processes to follow when billing the government, government auditors concluded. KBR still has not fixed this, the Defense Contract Audit Agency said last week.

A second major problem centered on poor recordkeeping, and the auditors found that KBR didn't have financial controls in place to promptly assess how much overhead expense could be charged to the government. It still has not fixed this, the agency said.

The company billed the government for certain "unallowable and nonallocable" travel costs from the late 1990s, even though the company had earlier agreed not to do so, the auditors said. They determined that the lack of written company-wide billing procedures contributed to the submission of the inappropriate bills to the military.

San Francisco Chronicle

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Military contractors -- Above the law?

P.W. Singer
Monday, May 10, 2004


The reports of U.S. soldiers abusing Iraqi prisoners during interrogations are both horrifying and depressing. Fortunately, there is a clear and proper legal response. Those accused will be court-martialed and, if found guilty, they will be punished.

But the story, sadly, does not end there. It now appears that this deeply disturbing episode -- in which Iraqi prisoners were beaten, sexually assaulted and forced to perform simulated sexual acts, among other things -- may have involved not only soldiers but also private contractors hired as interrogators.

That private contractors are interrogators in U.S. prison camps in Iraq should be stunning enough. This is incredibly sensitive work and takes our experiment with the boundaries of military outsourcing to levels never anticipated. But even more outrageous is the fact that gaps in the law may have given them a free pass so that it could be impossible to prosecute them for alleged criminal behavior.

Most people by now know that in an attempt to fill the gap between the demand for professional forces and the limited number deployed by the Pentagon, an array of traditional military and intelligence roles have been outsourced in Iraq, all without public discussion or debate. There are 15,000 to 20,000 private military contractors operating in Iraq, outsourcing critical military roles from logistics and local Army training to guarding installations and convoys. This outsourcing of critical roles to private companies represents a sea change in the way we fight a war.

However, until the last few days, not many Americans were aware that private firms were also providing interrogators and translators in the prisons. According to recent reports, the Army's investigation of the abuses committed at Abu Ghraib prison near Baghdad in November and December named CACI International Inc. in Virginia and Titan Corp. of San Diego. Titan, however, denies having contracts that involve working with prisoners.

The Army investigation discovered such depraved behavior as making prisoners perform simulated sex acts and form naked human pyramids and putting "glow sticks" in bodily orifices. The perpetrators even took more than 60 photographs, including one showing an Iraqi prisoner standing on a box with his head covered and wires attached to his hands and genitals. He was told that if he fell off the box he would be electrocuted. One civilian contractor was even accused of raping a male juvenile prisoner.

The Army has responded swiftly and correctly, at least with regard to its soldiers. Seventeen soldiers were relieved of duty and six face court-martial. As Army spokesman Brig. Gen. Mark Kimmit said: "We're appalled ... they wear the same uniform as us, and they let their fellow soldiers down. ... These acts that you see in these pictures may reflect the actions of individuals, but, by God, it doesn't reflect my Army."

But although the military has established structures to investigate, prosecute and punish soldiers who commit crimes, the legal status of contractors in war zones is murky. Soldiers are accountable to the military code of justice wherever they are, but contractors are civilians -- not formally part of the military and not part of the chain of command. They cannot be court-martialed.

Normally, an individual's crimes would then fall under the local nation's laws. But, of course, there are few established Iraqi legal institutions -- that is why we are running prisons in Iraq in the first place -- and, besides, coalition regulations explicitly state that contractors don't fall under their scope.

In turn, because the acts were committed abroad, and also reportedly involve some contractors who are not U.S. citizens, the application of U.S. domestic law in an extraterritorial setting is unclear and has never been tested. This appears to leave an incredible vacuum. Indeed, as Phillip Carter, a former Army officer now at UCLA Law School, says, "Legally speaking, [military contractors in Iraq] actually fall into the same gray area as the unlawful combatants detained at Guantanamo Bay."

So far, none of the contractors involved has been criminally prosecuted. As for the contractor accused of raping a prisoner in his mid-teens, Central Command spokesperson Col. Jill Morgenthaler told the British newspaper the Guardian: "We had no jurisdiction over him. It was left up to the contractor on how to deal with him." It is clear that our policies on military contractors must be updated.

If found to be involved by investigators, the contractors should not escape prosecution. Yet that's exactly what happened in the Balkans when several DynCorp employees, working as military contractors, were implicated in the trafficking of women and other sex crimes. Felony crimes merit harsher punishment than simply the end of a good paycheck.

This may require breaking new legal ground, such as testing the extraterritorial standards for civilian prosecution, requiring detention of the suspects until the Iraqi legal system gathers strength or even transferring jurisdiction to the international court.

To not only pay contractors more than our soldiers but also give them a legal free pass is unconscionable.

More broadly, the United States must re-examine which military and intelligence roles are appropriate for outsourcing and which are not. For the roles that we do choose to outsource, we must close the gaps in the law. The overwhelming number of contractors are probably just as sickened and embarrassed by this behavior as the American military and the public.

That is why we have laws in the first place: to govern for the worst of human behavior, not hope for the best. The private military field should be no different.

P.W. Singer, a fellow at the Brookings Institution, is the author of "Corporate Warriors: Rise of the Privatized Military Industry" (Cornell University Press, 2004). This commentary originally appeared in the Los Angeles Times.

San Francisco Chronicle

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Pentagon Adviser in Seminar Flap

By THE ASSOCIATED PRESS

May 7, 2003
Filed at 3:52 a.m. ET

LOS ANGELES (AP) -- Pentagon adviser Richard Perle briefed an investment seminar on ways to profit from conflicts in Iraq and North Korea just weeks after he received a top-secret government briefing on the crises in the two countries, the Los Angeles Times reported Wednesday.

Perle, who until March was chairman of the Defense Policy Board, a group of outside advisers to the Pentagon, also serves on the board of several defense contractors. The revelation raises concerns about conflicts of interest.

The Times reported that Perle attended a Defense Intelligence Agency briefing in February and three weeks later participated in a Goldman Sachs conference call in which he advised investors in a talk titled ``Implications of an Imminent War: Iraq Now. North Korea Next?''

Perle did not return phone calls or e-mails from the newspaper seeking comment.

One of Defense Secretary Donald Rumsfeld's closest advisers, Perle was a vocal advocate of going to war against Iraq and publicly questioned the reliability of some longtime U.S. allies, including France and Saudi Arabia.

He resigned as chairman of the Defense Policy Board on March 27 after it was reported he had worked as a consultant to bankrupt telecommunications company Global Crossing Ltd., which was trying to get Pentagon approval to be sold to Asian investors.

In offering his resignation, Perle, 61, denied any wrongdoing and said he didn't want questions about his outside interests to be a distraction to Rumsfeld. He remained a member of the board.

``The guiding principle here is that you do not give advice in the Defense Policy Board on any particular matter in which you have an interest,'' he said at the time. ``And I don't do that. I haven't done that.''

Rep. John Conyers Jr., D-Mich., the ranking Democrat on the House Judiciary Committee, has asked the Pentagon's inspector general to investigate Perle's business activities and any conflicts they might pose for his membership.

New York Times

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Bechtel's unethical actions in Bolivia

Juliette Beck
4/27/03

Editor [SF Chronicle] -- Tom Abate's Bechtel profile ("Bechtel: From the ground up", April 8) failed to critically examine a company that has a history of unethical and anti-democratic actions. One example is Bechtel's involvement in the privatization of essential utilities.

Bechtel, working closely with the World Bank, was the sole bidder in a 40- year contract to operate the municipal water services of Cochabamba, Bolivia's third-largest city. Within a few months of Bechtel taking over, in February 2002, water rates skyrocketed and many families were forced to choose between paying exorbitant water bills or their rent. After a citizens' revolt in the streets, the contract was terminated and Bechtel was kicked out of the country.

Yet Bechtel is now using a secret tribunal -- a branch of the World Bank -- to sue one of the poorest countries in Latin America for $25 million in lost profits the company expected to make on this ill-gotten, illegitimate contract.

The people of Bolivia, 300 organizations from around the world, and even the San Francisco Board of Supervisors have petitioned Bechtel to drop this closed-door suit. Is this the "ethical behavior and outstanding performance" to which the company spokesman refers?


JULIETTE BECK
Oakland

San Francisco Chronicle

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Politics a must for firms bidding to rebuild Iraq

Connections are fact of business for major construction companies

David R. Baker, Chronicle Staff Writer
Sunday, April 20, 2003

Even before Bechtel Corp. won a multimillion-dollar contract last week to rebuild Iraq, critics cried favoritism.

They noted the firm's many White House ties, spanning several administrations, not to mention its generosity as a political donor.

The same, however, could be said of most every company considered for the Iraq job. Within the handful of construction firms capable of rebuilding an entire country, government connections are a fact of business.

"Go down the list of every other company -- they're all connected," said Peter Singer, a Brookings Institution fellow and author of "Corporate Warriors" on the private military industry.

That troubles many critics, who worry that in dealing with the same people in the same companies, the government may not get the least expensive, or most innovative, approach to its work.


OLD BOYS CLUB TOUGH TO ENTER
"It's an old boys network, and it's impossible for new boys to crack into it," said Christopher Hellman, a senior analyst at the Center for Defense Information think tank in Washington. "The reality is, you and I could form a construction company and bid on the Bechtel thing, but we're never going to win it. So it's hard to see that it's a competitive environment."

That said, Hellman said he doesn't know how to change the situation.

Smaller firms don't have much opportunity to amass the long track record the government demands on major construction projects. And those companies have every incentive to hire ex-government officials and employees who may know both the people in power and the procedures for getting federal work.

"To a certain extent, this stuff is self-perpetuating," Hellman said.

Complaints of favoritism even led Rep. Henry Waxman, D-Los Angeles, to call for an investigation of the process for picking firms to work in Iraq. The General Accounting Office reported last week that it will review the process.

Bechtel, for its part, insists that its knack for landing big contracts comes from its experience and the quality of its work.

"We won this work on our record, plain and simple," Chief Executive Officer Riley Bechtel told employees in an e-mail message Friday. "We have a decades- long record of experience and performance on tough jobs under tough conditions,

including the Kuwait oil fires and scores of other projects in the Middle East and around the world. It's a record that few, if any, companies in the world can match."

There are a few firms in the same echelon as Bechtel. The companies that have been vying for work in Iraq have sterling connections.

Halliburton Co., which capped Iraqi oil well fires, has a former chief executive officer, Dick Cheney, now serving as America's vice president. Fluor Corp., which bid on the reconstruction job landed by Bechtel, has a former head of the National Security Agency and deputy director of the Central Intelligence Agency on its board.

Bechtel has executives serving on President Bush's export council and the Defense Policy Board, an influential Pentagon advisory panel. George Shultz, Ronald Reagan's secretary of state, sits on its corporate board. Reagan's secretary of defense, Caspar Weinberger, was once the company's general counsel and served on its board of directors.

The ties go beyond high-profile public officials and top executives. Construction companies, even the smaller ones not bidding for work in Iraq, often hire people from the government agencies they deal with.

Michael Garvin, assistant professor of civil engineering at Columbia University, said that whenever a new administration sets up shop in Washington, many government workers from the previous administration have to find jobs.

"People who would have been watching construction from the public side now find themselves looking for employment in the private side," he said. "So there's a natural transfer of people. . . . That doesn't mean companies don't look to attract key public officials because they're either politically connected or because they know the ins and outs of organizations."


CONNECTIONS DOWNPLAYED
The companies bidding for Iraq reconstruction contracts, and the government agencies handing them out, insist that connections haven't played a role in the process. Andrew Natsios, head of the U.S. Agency for International Development, told those in charge of the selection process to notify him if anyone tried to lobby on a firm's behalf, said agency spokesman Luke Zahner.

"This was strictly by the book," Zahner said. "Mr. Natsios has said all along it would be absolutely, utterly inappropriate for there to be any phone calls to him or anything like that."

USAID, which awarded Bechtel a reconstruction contract worth up to $680 million, chose the company based on the cost of its bid as well as its technical capabilities, experience and past performance, Zahner said. Those last requirements automatically limited the number of companies eligible to bid.

"There are very few, actually, that are capable of handling jobs of this magnitude," Zahner said.

San Francisco Chronicle

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Halliburton’s Axis of Influence

By Frida Berrigan
3.28.03


Is Dick Cheney still on Halliburton’s payroll? Even though he supposedly sold off his assets when he moved to Washington, the vice president’s financial records reveal he is receiving between $100,000 and $1 million in “deferred compensation” from the company where he served as CEO for five years. The payment is not a bonus for a job well done: Cheney decided to take his severance package over five years instead of in a lump sum. Nonetheless, as his former company rakes in millions in new contracts from the war Bush and Cheney are presently pursuing in Iraq, one has to ask, “Who does Cheney work for?”

Even as the war rages on, Halliburton subsidiary Kellogg Brown & Root (KBR) is lining up for contracts to rebuild Iraq. According to the Wall Street Journal, this could be the “largest government reconstruction effort since Americans helped to rebuild Germany and Japan after World War II.” And while it is too soon to say exactly how much reconstruction will cost or how much profit is at stake, Michael Urban, an analyst with Deutsche Bank, estimates that Halliburton and other companies could reap $3 billion in infrastructure and restoration work.

But is Halliburton right for the job? Critics argue that the U.S. Agency for International Development ignored the expertise and experience of well-regarded NGOs with decades of experience in humanitarian work in Iraq in their secretive contract process. USAID asked just five for-profit corporations to submit bids for $900 million in reconstruction contracts for the initial phase of work, scheduled to last just six months. Of course, these companies will be best situated to win billions in future contracts. An American Academy of Arts and Sciences report estimated that the reconstruction of Iraq could cost anywhere from $30 billion to $105 billion over the next decade.

KBR not only has the corner on postwar reconstruction, they were also granted a potentially huge contract to fight oil well fires throughout Iraq, even though they did not submit a bid for the job. In November, the Pentagon hired KBR to write a classified contingency plan for dealing with the fires, allowing the company to position itself for this job long before the war was a fait accompli. President Bush just asked Congress for $500 million for oil field repair, and KBR is standing by to take the money.

The war on terrorism, which Cheney warned might never end-”at least not in our lifetime”-promises profits almost guaranteed to last a lifetime. In December 2001, the company was granted an open-ended contract for Army troops supply and Navy construction. KBR is providing planning, base camp and facilities maintenance, laundry, food and airfield services, and property accountability wherever U.S. troops go in the next 10 years. So far they have gone to Afghanistan, the Philippines, Yemen, Iraq and probably other countries the public has not yet been told about.

The contract is unique in that there is no ceiling on cost. So while the deal could be worth billions, it’s unclear how many billions. KBR will be reimbursed for every dollar spent plus a base fee of 1 percent, which guarantees profit. On top of that, if the military is pleased with KBR’s performance, they’ll add a bonus, calculated as a percentage of the company’s costs. Contract expert Steve Schooner, a law professor at George Washington University, described the deal as an unprecedented way of saying, “Come up with creative ways to spend my money, and the more you spend, the happier I’ll be.”

In addition to KBR’s blank check, they have been granted several other contracts related to the war on terrorism:

$2 million to reinforce the U.S. Embassy in Tashkent, Uzbekistan, in November 2001;
$100 million to convert the Subic Bay U.S. Navy base in the Philippines into a modern commercial port facility, in the same month;
$16 million to build a prison for captured Taliban fighters at Guantanamo Bay, Cuba, in March 2002.

All of this has not escaped the attention of critics of the Bush administration. Rep. Maxine Waters (D-California) recently offered an amendment in the House that would restrict companies that enjoy close ties to the administration from bidding on government rebuilding contracts. The measure was roundly defeated. Waters notes: “Given the suspicion that many Americans have about why we’re going to war and the constant speculation that we’re at war for oil, I think the vice president should do everything he can to remove even the appearance of conflicts of interest.”

Frida Berrigan is a senior research associate with the Arms Trade Resource Center, a project of the World Policy Institute.

In These Times

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Richard Perle: It Pays To Be the Prince of Darkness

By Frida Berrigan
3.21.03

Richard Perle is a busy guy these days, what with his long-desired war against Iraq in full swing, plus a lucrative consulting business on the side. As the chairman of the Defense Policy Board, Perle is a close adviser to Defense Secretary Donald Rumsfeld, with an insider’s perspective on the Pentagon, the war in Iraq and the ongoing war on terrorism. As a major investor in a number of defense companies, he stands to reap considerable benefits from war and homeland security contracts. Apparently his dual roles as a major policy adviser to the Pentagon and a business dealmaker can be a bit confusing at times.

A few weeks ago, Perle was hired by Global Crossing, the bankrupt telecommunications giant that is trying to sell itself to a Chinese consortium. The Pentagon and FBI are against the sale because it would put the company’s fiber optics network, which is used by the U.S. government, in Chinese hands. Perle’s job is to change their minds. And if anyone can, it is the “Prince of Darkness,” as Perle is known by friend and foe in Washington.

As he said in an affidavit dated March 7, his position as chairman of the Defense Policy Board gives him a “unique perspective on and intimate knowledge of the national defense and security issues that will be raised by the CFIUS review process.” The CFIUS, the Committee on Foreign Investment in the United States, has the power to block the deal. Global Crossing is paying Perle $750,000 for this “unique perspective” and “intimate knowledge.” Perle’s incentive: $600,000 of his fee is contingent on government approval of the deal.

But this little phrase led to a funny exchange with New York Times reporter Stephen Labaton. Perle insisted, “I’m not using public office for private gain, because the Defense Policy Board has nothing to do with the CFIUS process.” But when asked about his “unique perspective” and “intimate knowledge,” Perle claimed he had not noticed that phrase, saying it “was drafted by lawyers, and frankly I did not notice it.” He is a busy man, we understand.

But then, he called Labaton back to clarify, saying that the problematic phrase was in an earlier draft, he had noticed it and crossed it out. “You have a draft that I never signed,” he said. OK?

After consulting with Global Crossing’s lawyers, Perle called Labaton again to say that he had told the lawyers to strike the phrase because it “seemed inappropriate and irrelevant.” But then someone put the phrase back in, and Perle signed it without noticing. “It is a clerical error,” he explained, “and not my clerical error.” When in doubt, blame the lawyers.

So the final version will be submitted without referring to Perle’s “unique perspective” and “intimate knowledge.” But that doesn’t mean those are not what Global Crossing is paying him for.

-----------------------

This is not the first time someone has questioned Perle’s ethics. Pulitzer Prize-winner Seymour Hersh, writing in the March 17 issue of The New Yorker, cited possible “conflicts of interest” in Trireme Partners, Perle’s venture capital company. The company, which invests in companies dealing in homeland security and defense products, has raised $45 million in capital so far—almost half of that coming from U.S. defense giant Boeing. When asked about the article in a TV interview, Perle declared that “Sy Hersh is the closest thing American journalism has to a terrorist, frankly.”

There is also the matter of Autonomy Corporation, where Perle is a director, with 75,000 shares of stock. The firm has developed a high-tech eavesdropping software that is capable of monitoring hundreds of thousands of e-mail and phone conversations at the same time. In October 2002, the Department of Homeland Security granted the company a huge contract. A few months later, Autonomy was granted $1 million in contracts from a number of government agencies, including the Secret Service and National Security Agency.

As a former Clinton adviser observed with admiration, Perle “enjoys all the benefits of being an insider without any of the constraints.”

Frida Berrigan is a senior research associate with the Arms Trade Resource Center, a project of the World Policy Institute.

In These Times

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U.S. taking bids for rebuilding Iraq

Bechtel, Halliburton in running for huge, emergency-basis contract

Peter Slevin, Mike Allen, Washington Post
Tuesday, March 11, 2003


Washington -- The Bush administration, preparing what would be the most ambitious U. S. rebuilding project since the aftermath of World War II, expects in coming days to award a construction contract worth hundreds of millions of dollars to begin remaking Iraq, U.S. officials said Monday.

The huge umbrella contract, the first to be awarded, would pay for construction and repairs to roads and bridges, as well as schools, hospitals and mosques, officials said. Other large deals are under negotiation to jump- start a reconstruction effort that would follow an overthrow of Iraqi President Saddam Hussein.

A handful of U.S. construction giants -- including San Francisco's Bechtel Group Inc. as well as Halliburton Co. and Fluor Corp. -- were invited to bid for the work on an emergency basis. Analysts said the companies hope to win the contract and position themselves for such future projects as the repair and development of the country's oil industry.

U.S. authorities, wary of a potential backlash to a U.S.-led invasion and military occupation, hope to convince Iraqis that the extraordinary attempt to overhaul Iraq merits their support. They believe they can win hearts and minds by showing fast results, feeding hungry Iraqis, delivering clean water and helping to pay teachers and health workers while a new government is being constructed.

The U.S. Agency for International Development is seeking companies to handle such projects as renovating the country's largest airports, resuscitating electrical grids and printing textbooks.

The administration will seek from Congress the billions of dollars necessary for the initial military and civilian postwar effort if the White House challenges Iraq with force. U.S. diplomats have been seeking financial commitments from other countries. Planners also hope Iraqi oil revenue can help pay for reconstruction.

The initial construction contract could be as large as $900 million, U.S. officials have said. One planner called the number a ceiling and predicted the actual amount of the umbrella contract would be lower.

"The United States is probably going to have to pick up the bulk of what's going to happen in reconstruction, at least at the outset," said Bathsheba Crocker, co-author of a report on post-Hussein Iraq at the Center for Strategic and International Studies. "It's acknowledged even by them that it's going to be a drop in the bucket compared to what the overall costs will be."

To speed the project, USAID invoked special authority to solicit bids from selected companies, which include the Louis Berger Group Inc., a significant U. S. contractor in Afghanistan. The move bypassed the usual rules that would have permitted a wider array of companies to seek the contract.

Vice President Dick Cheney spent five years as chief executive of one competitor, Houston energy services company Halliburton. The Pentagon said Thursday that Halliburton subsidiary Kellogg Brown & Root is developing a plan under an existing contract to fight Iraqi oil well fires.

The "urgent circumstances and the unique nature of this work" justify the procedures, said Ellen Young, a spokeswoman for the international development agency. Yount. Officials said the winner is certain to farm out work to other companies inside and outside Iraq.

Construction industry executives said the firms are competing fiercely in part because they believe the work could provide an inside track to postwar business opportunities. A significant prize: oil industry contracts.

"It's a sensitive topic, because we still haven't gone to war, but these companies are really in a position to win something out of this geopolitical situation," an industry executive said. It remains unclear whether Iraqis, Americans or an international consortium will manage the oil industry during an early post-conflict period.

Steven Schooner, a George Washington University law professor, said many billions of dollars are at stake. He estimated that $900 million would barely last for six months given the scope of the projects the administration has mapped.

"The most sophisticated firms that come in first and establish goodwill with the locals obviously will reap huge benefits down the road," said Schooner. "These are going to become brand names in Iraq. That's huge."

Bechtel spokesman Jonathan Marshall said, "We hope for a peaceful settlement in Iraq, but if there is a role for U.S. companies in helping to rebuild Iraq's infrastructure, Bechtel would have the skills and would be well suited for such a job."

The Americans have been working with the U.N. World Food Program and other U.N. agencies to manage Iraq's food distribution network and the care of displaced Iraqis. The international development agency has established loose targets for an immediate post-conflict period and the following 18 months, emphasizing that it expects the United States to have international help in fulfilling the goals.

On electricity, for example, the international development agency foresees the installation of 550 diesel generators within 60 days and the restoration of power to 75 percent of the 1991 level within 18 months. Officials caution that such plans are heavily contingent on the amount of wartime damage.

On education, the international development agency envisions the repair of 3,000 schools and the delivery of supplies to 12,500 schools. By that point, teacher training would be under way and U.S. universities would be providing expertise.

By 18 months, if the targets are met, basic health services would be available to all Iraqis and local government would be financially self- supporting, according to predictions by the international development agency .

San Francisco Chronicle

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Firm linked to Cheney wins oil-field contract

Hussein may destroy facilities in event of war

Edward Epstein, Chronicle Washington Bureau
Saturday, March 8, 2003

Washington -- A company tied to Vice President Dick Cheney has won a Pentagon contract for advice on rebuilding Iraq's oil fields after a possible war.

The contract was disclosed in the last paragraph of a Defense Department statement on preparations for Saddam Hussein's possible destruction of Iraq's oil fields in the event of a U.S.-led invasion. The statement calls for proposals on how to handle oil well fires and for assessing other damage to oil facilities. The contract went to Kellogg Brown & Root Services, which is owned by Halliburton Co., of which Cheney was chairman until his election in 2000.

The Houston company is a respected name in petroleum industry construction and one of a few companies capable of large-scale oil field reconstruction. But its ties to Cheney arouse suspicions