'Locals Support Embattled Blackwater Guard'

Support is pouring in from people who know the Blackwater security men accused of crimes while defending an American diplomat in Baghdad. One of the accused, former Marine Corporal Evan Liberty (pictured) of New Hampshire, is getting praise for his spirit of volunteerism, discipline and patriotism.

"I can't speak any higher of the guy," says Chris Buslovich, who enlisted in the Marines with Liberty eight years ago.

Buslovich tells Foster's Daily Democrat, the hometown newspaper of Liberty in New Hampshire, saying the Marine "wanted to do more" and underwent "grueling training" to be part of the Marines' elite security guard force to protect American embassies. According to Foster's Daily Democrat, "Liberty eventually did become a guard and served in security detachments for the US embassies in Egypt and Guatemala, where he earned numerous commendations."

In 2005, after leaving the Marines, Liberty signed up to train with Blackwater, a company that Buslovich calls the "Marine Corps of contractors."

"They're the best of the best," he says.

Are military vets who sign up with Blackwater driven by greed, as the critics allege? The paper reports that Buslovich says such a perception is wrong: "they risk their lives in dangerous places like Iraq to protect people they 'don't even know.'"

Sellout in Iraq

It looks like the State Department has sold out its private security details by caving into Iraqi demands that US contractors lose their protection from the country's corrupt legal system.

The US military and police veterans who make up the Blackwater security presence for American diplomats in Iraq face deadly dangers every day. The accompanying ABC News photo shows a terrorist bomb going off near where Blackwater was guarding a State Department official in Iraq. And now look at what the State Department negotiated with the Iraqi government:

"'Iraq shall have the primary right to exercise jurisdiction over United States contractors and United States contractor employees,' Article 12, paragraph 1 of the agreement states. In Article 12, paragraph 8, the agreement adds, 'Where Iraq exercises jurisdiction pursuant to paragraph 1 of this Article, members of the United States Forces and of the civilian component shall be entitled to due process standards and protections consistent with those available under United States and Iraqi law.'

"The agreement," says the Washington Times in an editorial, "provides no guidance on a number of critical questions: What happens when the United States and Iraq disagree over a due process standard? Could Iraq prosecute Americans for past 'crimes'? This last question is particularly important because the Iraqi government's insistence on ending legal immunity for American contractors results in large part from the September 2007 Blackwater incident, during which security guards who came under fire in downtown Baghdad killed 17 Iraqis in a firefight. The Iraqi government's hurried decision to blame Blackwater despite the weight of evidence that its guards were ambushed does not bode well for American contractors in Iraq who try to protect themselves against future attacks.

"Washington's failure to insist on retaining jurisdiction over U.S. contractors could prove very harmful over the next few years."

Correcting Sloppy Journalism

Blackwater issued a statement today to correct news reports that contain what the company says are misleading and even false allegations of improper or illegal export of weapons to Iraq.

By any journalistic standard, the reporting is sloppy. Culprits include: Press-TV of Iran; the normally reliable Warren Strobel of McClatchy Newspapers; the ever-defensive, cross-armed Brian Ross (pictured) and Jason Ryan of ABC News; a mixed bag of writers at the Associated Press, and Zachary Roth of TPM Muckraker.

The reports "cite only anonymous government sources, anonymous former employees, and former employees who fired by Blackwater for stealing weapons from the company," according to a Blackwater press release.

"While the company cannot comment on all of the inaccuracies because of its ongoing cooperation with investigators, there are some key factual errors to which it would like to respond," Blackwater says. "The following points address some of the more egregious errors contained in recent reporting:

• Blackwater has never shipped an automatic weapon to Iraq. A recent report that Blackwater has "shipped hundreds of automatic weapons to Iraq without the necessary permits" and "some of the weapons are believed to have ended up on the country's black market" is false. Blackwater has never shipped so much as one automatic weapon to Iraq.


• Blackwater held approved export licenses to ship more than the 798 total guns it shipped to Iraq. A recent media report claiming that '... the State Department found that Blackwater shipped 900 weapons to Iraq without the paperwork required by arms export control regulations,' could not be true because the total number of firearms Blackwater has shipped to Iraq is less than 900. Blackwater obtained export licenses in excess of the number of weapons actually sent to Iraq - and the U.S. government authorized the export of each of these weapons. The investigations referenced by the media do not allege that the company failed to obtain licenses or failed to ensure the government was aware of its actions; rather, the investigations concern Blackwater's not properly annotating the licenses, not timely submitting required reports, and not retaining required records.


• While Blackwater does not ship them, the limited number of automatic weapons that are in Blackwater's custody in Iraq were all exported by the U.S. government or by the manufacturer under U.S. government license. They are all fully accounted for, regularly inventoried, and required to be turned in to the U.S. government at the end of the associated contracts.


• Blackwater has never hidden anything inside a bag of dog food - not a gun, not a radio, nor anything else. A recent news story cited 'former employees' who claim that Blackwater hid weapons 'in large sacks of dog food.' This sensational claim is false. The company has, however, packed shipping pallets with valuable and pilferable items, including weapons, interior to [surrounded by] bags of dog food or other low-theft items. This common practice is done to prevent corrupt foreign customs agents and shipping workers from stealing the valuables. U.S. export statutes require licensing of controlled materials but do not dictate their placement within packaging.


• Blackwater follows all rules governing the type of firearms that can be carried by contractors in Iraq, to include contractual provisions, those outlined by the U.S. government, and those outlined by Iraq's Ministry of Interior. A recent report claiming that the company illegally shipped 'assault weapons' that it is prohibited from using in Iraq is blatantly false. All firearms shipped to Iraq by Blackwater were given proper U.S. government licenses. The firearms owned by Blackwater in Iraq are limited to handguns and civilian-variant carbines. It does not own or possess any 'M-4 assault weapons' in Iraq. All firearms used for diplomatic protection are government-issued.


• A story highlighting that an inspector 'discovered an unlicensed two-way radio hidden in a dog food sack' is both sensationalistic and false because the radio in question did not require a license and was never hidden inside a dog food sack. Blackwater applied for a license for the radio prior to shipment and obtained a written determination issued by the Commerce department that the radio did not require any license. Although the valuable and pilferable radio was packaged among other items - including dog food - in a 13-pallet shipment, it was not 'hidden in a dog food sack.' The commercial waybill and shipping invoice for the shipment both clearly reflected that the radio was in the shipment. We acknowledge that we have made numerous mistakes in complex and demanding area of export compliance over the years. However, the majority of those violations have been failures of paperwork and timeliness while supporting the United States and its allies, not nefarious smuggling or aid to enemies. This is in no way meant to diminish the seriousness of U.S. export control laws, but rather to clearly state: Blackwater has not committed any of the sensational violations that have been reported recently."

Posturing Bureaucrats Might Undermine Obama

Is there something to it, or is it just a case of bureaucrats posturing before an incoming new presidential administration? If it's bureaucratic posturing, it might inadvertently undermine President-Elect Barack Obama, whose aides say they won't rule out relying on Blackwater. After seeing Blackwater up-close in Afghanistan, Obama said he thinks the company is getting a "bad rap."

GovernmentExecutive.com is reporting that "the State Department's Directorate of Defense Trade Controls, which is responsible for export controls on some arms, is moving to hit [Blackwater] with what could be millions of dollars in fines," allegedly for shipping weapons to U.S. government-sanctioned police training facilities in Iraq and Jordan.

Apparently the paperwork wasn't in order. "Sources said the foul-up may have been unintentional but left the company unable to properly account for the weapons."

The State Department isn't talking for the record, though the company "has partly acknowledged" inquiries, according to the report.

"Ongoing reviews by the departments of Justice, State and Commerce have highlighted the need for a significant and systems-wide initiative," Blackwater General Counsel Andrew Howell said in an Oct. 9 statement. Citing problems with "export compliance," the firm that day announced a new export compliance committee and vice president of export compliance job.

Spokeswoman Anne Tyrell said Blackwater has "not been informed of an intent to impose a fine," but noted the Directorate of Defense Trade Controls' "resolution of export matters with other significant defense contractors" usually results in fines. "The potential fine depends on the regulatory scheme at issue and the facts of the case," she said.

The company set up an export control panel last month.

Officials would be wise not to read too deeply into many Democrats' longstanding criticisms of the company. Senators John Kerry (D-Mass.) and Jim Webb (D-Va.) say they're OK with Blackwater competing for federal contracts, as long as there's sufficient oversight and accountability. President-Elect Barack Obama has similarly tempered his criticism. Even so, a top Obama aide said earlier this year that the senator would not rule out continuing to retain Blackwater's services. And last July, when he saw Blackwater security professionals up-close during his trip to Afghanistan, Obama admitted that the company was getting unfairly treated.

"Blackwater is getting a bad rap," Obama said. (The photo, on Obama's website, shows the presidential candidate with troops and security during the July trip to Afghanistan.)

Crippling Blackwater with unreasonable fines just might end up hamstringing the new president at a time when he will need everything the company can offer.

Blackwater Announces Advanced Export Compliance Initiative

Given the highly complicated and often contradictory federal laws and regulations concerning the export of military and security-related goods and know-how, Blackwater announces what it calls "a comprehensive initiative to enhance export compliance throughout its global operations."

According to a release distributed by the Earth Times, Blackwater says, "The initiative, under development for several months, includes the creation of an independent committee of experienced outside experts to oversee export compliance and the addition of a Vice President of Export Compliance.

"These efforts are supported by a global training initiative, proposed enhanced business controls and an increased compliance staff.

"'US export controls are a key part of our country's national securityand foreign policy. Blackwater, a partner with the US Government in many important programs, has an obligation to also be a partner in compliance,' said Erik Prince, Blackwater Founder and CEO. 'Our company has experienced remarkable growth in the last few years. This growth, our work for the US Government around the world, and the nature of the services we offer have created compliance challenges. The comprehensive initiative announced today is our direct response to those challenges and our recognition of the importance of these controls.'"

The independent panel, called the Export Compliance Committee, represents a cross section of talent and expertise. Committee members, who have full and independent authority of Blackwater's export control matters, are:

• Robert C. Bonner. Former US Attorney, US District Court Judge, Commissioner of US Customs, the first Commissioner of US Customs and Border Protection, and Administrator of the US Drug Enforcement Administration (DEA);


• Asa Hutchinson (pictured). Former US Attorney, Administrator of the DEA, US Congressman from Arkansas; and the first Under Secretary of Homeland Security;


• Carol R. Marshall. Former Vice President of Ethics and Business Conduct at Lockheed Martin, Senior Vice President for Ethics and Business Conduct at MCI, Chair of the Ethics Resource Center Fellows Program, and Chair and Working Group Liaison to the Defense Industry Initiative on Business Ethics.
  

Blackwater's new Vice President of Export Compliance is Karen Jones, most recently the Director of Import-Export Operations for Raytheon Missile Systems Division. "Ms. Jones is an accomplished trade compliance professional with a deep resume. She is an expert in integrating export licensing, compliance and a culture oftransparency into complex global operations. We look forward to hercontribution in making Blackwater's compliance system the standard of the industry," said Prince.

The company has also strengthened and expanded its existing compliance programs and developed an online compliance training program for employees and independent contractors.