Archive for category Legal News

Legal News: Four GardaWorld Contractors Charged Over Weapons

Here is the latest status on the four GardaWorld security contractors that were detained by Afghan authorities for transporting weapons. If GardaWorld or any friends and family would like to speak about this incident, please feel free to do so in the comments. I would also suggest to contact Kimberley Motley in Afghanistan for any legal assistance if the company is looking for resources. -Matt

 

Britons charged over Afghan guns
January 31, 2012
Two British private security contractors arrested four weeks ago in Afghanistan on suspicion of smuggling AK-47 assault rifles have been charged by Afghan authorities.
Local police detained the men, named earlier this month as Julian Steele and James Davis, along with two Afghan colleagues in the capital Kabul on January 3.
Afghan officials said they were found to be transporting 30 AK-47s with their serial numbers scratched off and did not have the necessary firearms permits.
The international security firm all four men were working for, GardaWorld, confirmed on Tuesday that a charge sheet had been filed.

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Legal News: Iraq Releases 3 Security Contractors That Have Been Detained Since December 9th

I have no clue what company these guys were working for, but stuff like this burns me up. The US has had plenty of time to plan for the withdrawal of troops from Iraq, and prepare the legal battlefield for security contractors and others. These folks must have legal protections or some kind of an agreement established with Iraq so that these contractors can perform the service they were hired to do.

The other thing that bothers me with this is that two of these contractors were Americans. Yet again, why isn’t the DoS fighting tooth and nail to get every reasonable protection and agreement they can with Iraq so that US citizens at the least are treated fairly and with dignity. I mean someone should be reminding Iraq about how much blood and treasure the US has expended in this whole thing. Or remind them that we did not take their oil and other treasures, like most armies would have done in the past. (yep, I went there….)

The partners of US contractors deserve to be treated fairly and with dignity as well. The Fijians have certainly lost contractors in this war doing extremely dangerous missions all over Iraq. Missions that helped support efforts to rebuild Iraq and helped to encourage peace and stability there. There are and will be other contractors from other parts of the world who are supporting the mission to rebuild post war Iraq, and to treat them with disrespect is not right.

Either way, I think most contractors in Iraq have the feeling that regardless of whatever laws or agreements that are passed or lack there of, Iraq will do whatever they want. So I expect to see more of this kind of thing over the next year or couple of years. And contractors will do in Iraq, like they normally do in all countries where there is no SOFA, or has a corrupt/weak legal system. They will accomplish the task as best they can, and take huge risks in the process. I am sure money will be thrown all over the place in order to buy off a police officer or ministry official, or free a contractor from detention, or whatever. That is how these things work…. -Matt

 

NY Rep. King: Iraq releases 3 security contractors
December 27, 2011
A U.S. congressman from New York says three security contractors, including two Americans, have been released by Iraqi Army forces after they were held for more than two weeks.
Republican Peter King announced the releases of the men Tuesday. He identifies them as an Army veteran from Long Island, a former National Guardsman from Savannah, Ga., and a man from Fiji. He says they were working for a security firm when Iraqi Ministry of Defense officials rejected paperwork prepared on their behalf by the Iraqi Ministry of Interior and held them Dec. 9.
The men weren’t charged with any crimes. King says they were released Tuesday after efforts by his office, the State Department, the U.S. embassy in Baghdad, the Defense Department and the White House.
Story here.

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Legal News: A Former Security Guard Files A Class Action Against SOC

This is interesting because it details a little bit of the recruiting practices of this company. I have heard about the 65,000 a year dollar number thrown around before, but I did not know that SOC was playing around with the numbers like this. Here is the quote:

Risinger, a California resident, says he was hired in 2010 to work as an armed guard at a Baghdad military base , on a 1-year assignment for a flat salary of $65,000. But when he and others arrived in Iraq, he says they were told that the salary was “calculated based upon a $17.36 hourly rate, which hourly rate would dictate class members’ actual pay based upon ‘the number of hours on your time sheet.’ At that hourly rate, without overtime, an employee would earn $36,108 a year. A worker would have to work 72 hours a week at straight time to earn $65,000 a year.

That sounds a lot like the whole ‘bait and switch game’. Meaning they recruit folks with the idea that they would get a specific amount, and then once in the war zone, they would clarify what the individual would really make. Which usually would be less money than originally offered. The IC has the option to suck it up and take the pay cut, or get on a plane and go back home. The companies usually bank on the idea that the IC will just suck it up and stay.

Although the problem with this is that usually this practice creates disgruntled workers, and with good reason. So then you have guys working the contract that could care less about doing a good job, who do not trust the company, and are doing all they can to secure another job somewhere else.

That is a horrible way to do business, and any company that thinks this is an acceptable practice is wrong. You might save a little money in the short term, but you will lose money because you have to keep hiring new guys and fly them over all of the time to deal with high attrition. Not only that, but you are in constant threat of default on contract because you have IC’s that could at any time just leave because they do not want to work for the company. You also lose out on company reputation, and you lose the most valuable asset a company could have–experienced good leaders.

Experienced good leaders are the ones that believe in the company and contract, and have stayed around long enough to know the job really well and know how to manage it. They are also good at leading people, and making sure everyone is happy and doing the job. Any company that has set up a system that does not grow and keep experienced good leaders, will certainly suffer the consequences of such poor practices.

Also, if the government was focused more on best value contracting, and stopped this practice of lowest priced technically acceptable contracting, then they could actually pick companies based on how they treat their people. A contracting officer should be able to take a look at the attrition rate of any company and ask, is this the kind of company we want protecting our camps in the war zones?  And what causes such a high attrition rate within this company?  Or even ask if the IC’s of that company are happy to be there and like the company they are working for?  If the contracting officer is getting some intense negative feedback from a multitude of disgruntled IC’s who do not trust the company, then that might be a sign that the company is not exactly the best folks to do business with. -Matt

Edit: 01/01/2012 By the way folks, the lawyer for this particular class action is reaching out to all former or current SOC contractors and employees listed within a specific time frame. If the case is successful, then expect to get a piece of the settlement or award if you are within that group. Here is the email he was sending out.

We have brought a class action lawsuit on behalf of all SOC employees (former and current) who worked for the Company between December 19, 2009 and December 19, 2011 for unpaid wages, including overtime, rest breaks, meal breaks and possible other items like medical expenses. While the class action process can be slow, we expect to be obtaining from SOC within the next 6 months the names of all individuals that would make up the class of employees. In the meantime, I am also keeping record of all persons, like yourself, who have experienced the labor code violations we allege in the complaint so that I can cross-check the list we get from SOC with the names of the people we have been contacted by to make sure that you are included in the class and any settlement unless you choose not to be a part of it. There may come a time when I do need to get declarations from persons like you to support the case and when that happens, I will certainly reach out to you.

Best, Scott

Scott E. Gizer- Partner Early Sullivan Wright Gizer & McRae LLP,  sgizer@earlysullivan.com www.earlysullivan.com phone: 702 990 3629

 

Ripped Off in Iraq, Class of Guards Claims
By NICK DIVITO
Wednesday, December 21, 2011

A private security guard in Iraq says in a class action that his employer SOC Nevada made its employees work up to 12 hours a day, seven days a week, in “ultrahazardous conditions” without overtime pay or breaks.    “SOC’s core mission changed from ‘Securing Our Country’ to ‘Lining Its Pockets’ when it began to recruit employees … under false promises of a fixed salary and scheduled with time off,” lead plaintiff Karl Risinger says in the complaint in Clark County Court.     “[D]ue to a lack of adequate staffing driven by corporate greed,” SOC subjected its armed guards to “undue risk by jeopardizing the physical and psychological condition of the class members in the course of ultra-hazardous activities,” the complaint states.

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Legal News: Congress Legalizes Cyber War

In language discussing the bill, conferees say that because there is no historical precedent for what constitutes traditional military activities in cyberspace, “it is necessary to affirm that such operations may be conducted pursuant to the same policy, principles and legal regimes that pertain to kinetic capabilities.”

This is big news, and historical. The rules and laws of kinetic war now apply to Cyber War, and this brings up all sorts of ideas. For example, will we see more Cyber Lance type activities?  Maybe a US special forces team combined with civilian hackers to locate and kill/capture enemy hackers or whomever?  Who knows, and who knows how these new rules will apply?

Perhaps we will see the same issues that have popped up for today’s modern wars. Especially with the hybrid of private and public forces in conflict. I say this, because the US does not have the monopoly on ‘hacking force’. If they want the best, they can try to develop that capability internally, but inevitably they will have to reach out to private companies or individuals that are experts in these fields and pay them to do it.

Here is one quote below that really perked me up. Check it out:

Since the military cannot afford to pay enough to recruit qualified software and Internet engineers for this sort of work, it has turned to commercial firms. There are already some out there, companies that are technically network security operations, but will also carry out offensive missions (often of questionable legality, but that has always been an aspect of the corporate security business.)
Some of these firms have quietly withdrawn from the Internet security business, gone dark, and apparently turned their efforts to the more lucrative task of creating Cyber War weapons for the Pentagon. It may have been one of these firms that created, or helped create, the Stuxnet worm.

I read this and thought, why not just fire up the Letter of Marque and Reprisal and give these firms the legal authority and protections necessary to take part in offensive operations?  The LoM is sitting right there in the War Powers clause in the US Constitution, and it just seems to me that we are missing the boat when it comes to doing this stuff. We could be legally authorizing the companies to steal funds and intellectual property from all sorts of enemies out there, and label these companies cyber privateers. (which if the military helped at all, would those commanders or the US be entitled to a cut? lol)

My other thought about all of this is when will we see a Cyber Weapon used in such a way as to actually kill like a real weapon?  And with this public/private partnership we will have, we could potentially see IT Security companies build these weapons, and possibly even launch it. Just imagine if Stuxnet actually caused deaths in some weapons plant or nuclear facility? That would definitely put the ‘War’ in Cyber War. Very interesting….-Matt 

 

America Legalizes Cyber War
December 18, 2011
The U.S. Congress approved a new law on December 14th that allows the Department of Defense to conduct offensive Cyber War operations in response to Cyber War attacks on the United States. That is, the U.S. military is now authorized to make war via the Internet. The new law stipulates that all the rules that apply to conventional war, also apply to Cyber War. This includes the international law of armed conflict (meant to prevent war crimes and horrid behavior in general) and the U.S. War Powers Resolution (which requires a U.S. president to get permission from Congress within 90 days of entering into a war).
The U.S. Department of Defense has long advocated going on the offensive against criminal gangs and foreign governments that seek (and often succeed) to penetrate U.S. government and military Internet security, and steal information, or sabotage operations. Over the past year, and without much fanfare, the Department of Defense has been making preparations to do just that.

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Legal News: US Pursuing Legal Protections For Contractors Still In Iraq

You know, this would have been cool if they would have figured this out before this transition. To not have some kind of protections in place will really suck for the contractors that are operating in Iraq still. Hopefully something is put together in a reasonable time. -Matt

 

U.S. pursuing legal protections for contractors still in Iraq
By ERIK SLAVIN
December 14, 2011
The United States is still pursuing an agreement with the government of Iraq that could provide defense contractors working for the U.S. State Department with some legal protections in 2012, U.S. embassy and military officials said last week.
While diplomats and service members working for the State Department are shielded by diplomatic immunity from prosecution under Iraqi law, the thousands of private contractors who will be working for the agency have no such protections.
Contractors have lacked immunity from Iraqi law since 2009, when a new status of forces agreement excluded them.
However, with the pullout of the remaining 50,000 troops from Iraq this year, contractors say they now feel more vulnerable to danger, both from potentially corrupt Iraqi police and from anti-American groups.
“You have to cross a major Iraqi road and, should the [Iraqi police or Iraqi army] decide, they might begin detaining American personnel,” said one contractor, who asked for anonymity because his company has not authorized him to speak publicly.

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Legal News: Contractor And MOH Recipient Dakota Meyer Sues Former Employer BAE Systems

“We are taking the best gear, the best technology on the market to date and giving it to guys known to stab us in the back,” Sgt. Meyer wrote to Mr. McCreight, according to the lawsuit. “These are the same people killing our guys.”
While in the Marines, Sgt. Meyer had served along the Pakistan-Afghanistan border. Many in the military who have served on the border have said in interviews they view Pakistan as an unreliable ally, as likely to help Taliban insurgents as they are to aid American troops.

Wow, Smedley Butler eat your heart out. lol Although in this case, this is pretty common with contracting. Guys sue their former employers, bosses, and coworkers all the time–some with success, and some without. Although in Dakota’s case, he has a lot of visibility and celebrity backing him up. I would imagine a pretty solid law firm has backed him up as well, just because of that celebrity and visibility.

The other thing that needs to be mentioned is that Dakota is a contractor and is very much a part of this industry. That’s cool and I hope Dakota is able to use his celebrity to promote good leadership and work ethic within this industry. If anyone has anything to add to this story, please feel free to do so in the comments section below. -Matt

Edit: 12/16/2011- Well it looks like BAE and Dakota settled. Here is a quote from CNN about what the settlement said. No word on any monetary settlement.

“BAE Systems OASYS and I have settled our differences amicably,” Meyer said in a joint statement issued by the company, referring to the company by its full name. Meyer praised the defense firm’s support for veterans and generosity to the Marine Corps Scholarship Foundation.
There were no details of any possible monetary settlement.
“During my time there I became concerned about the possible sale of advanced thermal scopes to Pakistan. I expressed my concerns directly and respectfully,” Meyer said. “I am gratified to learn that BAE Systems OASYS did not ultimately sell and does not intend to sell advanced thermal scopes to Pakistan.”

 

Legal News: Contractor And MOH Recipient Dakota Meyer Sues Former Employer BAE Systems

Decorated Marine Sues Contractor
NOVEMBER 29, 2011
By JULIAN E. BARNES
Two months ago, Dakota Meyer was awarded the Medal of Honor by President Barack Obama for his service in Afghanistan, the military’s most prestigious award. On Monday, Sgt. Meyer alleged that a defense contractor has called him mentally unstable and a problem drinker, ruining his chances for a job in the defense industry.
Sgt. Dakota Meyer alleges BAE Systems blocked him from a defense-industry job by claiming he is mentally unstable and has a drinking problem.
In legal papers filed Monday, the Marine claims that BAE Systems, where he worked earlier this year, retaliated against him after he raised objections about BAE’s alleged decision to sell high-tech sniper scopes to the Pakistani military. He says his supervisor at BAE effectively blocked his hiring by another defense contractor by making the claims about drinking and his mental condition.
Sgt. Meyer’s complaint is likely to pose a more difficult challenge for BAE, a British company with extensive U.S. operations, than a typical employment dispute. In the September White House ceremony, Sgt. Meyer was hailed for braving enemy fire as he tried to save the lives of fellow Marines who had been trapped in a Taliban ambush.
BAE said it would defend itself, but comments by BAE officials Monday made clear they don’t want to be seen as denigrating a Medal of Honor recipient. “Although we strongly disagree with his claims, which we will address through the appropriate legal process, we wish him success and good fortune in his endeavors,” said Brian J. Roehrkasse, a BAE spokesman. He declined to discuss any specifics of the suit.
Through a lawyer, Sgt. Meyer declined to comment on his suit. Representatives of the Pentagon and Marine Corps said they weren’t aware of the suit.

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Legal News: Reflex Responses Hires Patton Boggs LLP For Lobbying In DC

Every once in awhile, I like to flex my ‘Google Fu’ skills and do some digging around. Low and behold, I found an interesting little tidbit about the UAE’s mercenary army called Reflex Responses Management Consultancy LLC or R2 for short.

They just hired the services of Patton Boggs LLP for lobbying in Washington DC in the ‘trade’ department. So my question here is what does R2 plan on selling to the US? Could they offer training services, or maybe even maritime security services to US flagged vessels? Who knows, but I do know that Patton Boggs LLP is no small potatoes law firm/consultancy. They also have a long history and relationship with the UAE.

It is also interesting that all of this lobbying registration happened on 10/20/2011, which was the same time that a consulting firm registered to lobby for Maersk and International Org/Masters/Mates/Pilots. Now what I speculate is that Maersk is seeing the writing on the wall when it comes to having armed guards on boats, and they need some folks in DC to help clear things up.

Maersk is up against a Jones Act based lawsuit filed by crew members involved in the famous Maersk Alabama pirate attack that happened a few years back. They are claiming that Maersk put them needlessly at risk for not providing armed security on the boat. It would make sense that Maersk would lobby DC to alleviate some of the legal concerns about having armed guards on boats.

So how does this connect with the R2 deal?  I don’t know, and maybe it is just coincidence. But it is also interesting that Secretary Clinton put out her memo in support of armed guards on boats a couple of days after these lobbyists registered. hmmmm

The other thing to note is that the UAE is on a blitz of sorts to promote anti-piracy efforts. The article I posted below lists a pretty extensive effort and strategy to tackle the problem. So does R2 play into that anti-piracy strategy?

Even if they are not connected, I think Maersk, the unions, and R2 are all interested in getting armed guards on boats. Either for capturing market share in the maritime security industry, or for liability reasons so they don’t get sued by the unions and crews for not protecting seafarers out there. Worse yet, if unions strike because vessels are not providing security, then that could have a serious impact on commerce. Hence why it behooves the government to do something about this. -Matt

 

Patton Boggs LLP for Reflex Responses Management Consultancy LLC
Issues: Trade (Domestic/Foreign)
Specific issue: Issues related to security consulting and related licensing matters.
Lobbyists: ?Farber, David J ?Garrett, John C ?McHale, Stephen (covered positions: Acting General Counsel, Treasury, Jan-Jun 2001; ActGCTreasury01 ) ?Oresman, Matthew Scott (covered positions: Sen.E.Kennedy,Intern,99;SenateJuducCom,LawClrck,05 )
Link to report here.
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Turner Pollard Strategies for Maersk Inc.
Issues: Defense; Marine/Maritime/Boating/Fisheries; Taxation/Internal Revenue Code; Trade (Domestic/Foreign); Transportation
Specific issue: All issues relating to the U.S.-Flag Merchant Marine, including the Jones Act, the Maritime Security Program, the establishment of a Marine Highway, Cargo Preferences Statutes, the Harbor Maintenance Trust Fund, the Tonnage Tax, Title XI (the Federal Ship Financing Program), and the protection of U.S. merchant ships from piracy.
Lobbyists: ?Pollard, John J III (covered positions: Staff of Rep Ike Skelton ans HASC ) ?Turner, James T
Link to report here.
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Turner Pollard Strategies for International Org/Masters/Mates/Pilots
Issues: Defense; Marine/Maritime/Boating/Fisheries; Taxation/Internal Revenue Code; Trade (Domestic/Foreign); Transportation
Specific issue: All issues relating to the U.S.-Flag Merchant Marine, including the Jones Act, the Maritime Security Program, the establishment of a Marine Highway, Cargo Preference Statutes, the Harbor Maintenance Trust fund, the Tonnage Tax, Title XI (the Federal Ship Financing Program), and the protection of U.S. merchant ships from piracy.
Lobbyists: ?Pollard, John J III (covered positions: Staff of Rep Ike Skelton ans HASC ) ?Turner, James T
Link to report here.

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UAE renews support to all military operations and critical measures aimed at ending piracy off the Coast of Somalia
Nov 18, 2011
The United Arab Emirates renewed its strong support for all military operations and critical measures aimed at improving the process of pursuing and prosecuting those responsible and involved in piracy acts, considering these measures as a strong deterrent for preventing this phenomenon from continuing.
In an intervention made by Permanent Representative of the UAE to the United Nations Ahmed Al-Jarman before the Meeting of the Contact Group on Combating Piracy off the Coast of Somalia on Thursday at the UN Headquarters, he added : “At the same time, the UAE emphasizes that such measures are not sufficient to eliminate totally and permanently these serious acts at sea, and the international community is required to adopt a comprehensive cooperation strategy that ensures the total elimination of this phenomenon, which constitutes a form of organized crime that threatens countries and is subject to international laws”.

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Maritime Security: Britain To Allow Armed Guards To Combat Sea Piracy

Outstanding news. Glad to see Britain taking the necessary steps to legalize armed guards on boats. It just makes sense, and seeing how most of the maritime security companies working right now are British, this will be an added boost.

Now the question I have is how will these new laws mix with Britain’s position on privateers or the Letter of Marque? They are a signatory to the Paris Declaration Respecting Maritime Law. No telling what other treaties they have signed, and how these sanctioned armed guards fit into that bigger picture?

I would also be interested to see the firearms regulations on what the companies can actually use for protection duties. Remember, today’s pirates are using weapons of war, not firearms used for hunting. You must give these guards weapons that will give them advantage, or at least match the pirate’s fire power. Anything else is just unacceptable in my view. -Matt

 

Britain to allow armed guards to combat sea piracy
By DAVID STRINGER
October 30, 2011
Ships sailing under Britain’s flag will be permitted to carry armed guards on some perilous routes to combat the threat from pirates, the prime minister said Sunday.
David Cameron said Britain was reversing its opposition to the use of weapons aboard ships, amid mounting concern about the risks of vessels and crew being seized by pirates — particularly off Somalia’s coast.
Cameron’s office said the use of weapons on British-flagged ships is banned under firearms laws, but that new rules would be in place within a month.
Britain’s announcement follows the decision in February of the International Chamber of Shipping, the major trade association of ship owners, to support members hiring private security companies to provide protection.
“The evidence is that ships with armed guards don’t get attacked, don’t get taken for hostage or for ransom, and so we think this is a very important step forward,” Cameron told BBC television during a visit to a Commonwealth summit in Australia, where he discussed the issue with leaders from the Seychelles and Mauritius.

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Legal News: Does The OMB Policy On Inherently Governmental Conflict With The Constitution?

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water. – The enumerated powers of congress, war powers clause, Article 1, Section 8, Paragraph 11 of the US Constitution.

The other day I came across the OMB’s new policy letter on what the government deems ‘inherently governmental’.  I posted the Apendix A portion, because that has the most relevance to this discussion and to our industry.  For the most part, self defense or defense of others is not a problem, but contractors engaging in combat is.

With that said, let’s look at the legal definition of the Letter of Marque and Reprisal and the various sources that confirm that definition:

LETTER OF MARQUE AND REPRISAL, War. A commission granted by the government to a private individual, to take the property of a foreign state, or of the citizens or subjects of such state, as a reparation for an injury committed by such state, its citizens or subjects. A vessel loaded with merchandise, on a voyage to a friendly port, but armed for its own defence in case of attack by an enemy, is also called a letter of marque. 1 Boulay Paty, tit. 3, s. 2, p. 300. 2. By the constitution, art. 1, s. 8, cl. 11, congress has power to grant letters of marque and reprisal. Vide Chit. Law of Nat. 73; 1 Black. Com. 251; Vin. Ab. Prerogative, N a; Com. Dig. Prerogative, B 4; Molloy, B. 1, c. 2, s. 10; 2 Woodes. 440; 6 Rob. Rep. 9; 5 Id. 360; 2 Rob. Rep. 224. And vide Reprisal.

And then let’s look at the legal definition of combat.

COMBAT, Eng. law. The form of a forcible encounter between two or more persons or bodies of men; an engagement or battle. A duel.

So you can see here that in fact, the ability to grant a Letter of Marque and Reprisal is an enumerated power of congress. That by definition, authorizes private individual to take the property of a foreign state or the citizens and and subjects of that state. That is not self defense. This is totally a forcible encounter between two or more persons or bodies of men.

Now onto the question. How is the policy of the OMB on what is inherently governmental, not conflict with the constitution? You have one agency saying that a private individual engaging in combat for this country is not authorized, but you have our top legal document of the land saying that private individuals can participate in combat and seize the assets of an enemy if given a license or Letter of Marque by congress.

Or legally agencies must abide by this policy, but congress still has this right to issue the LoM?  Anyone want to take a swipe at this one? lol  -Matt 

 

OFFICE OF MANAGEMENT AND BUDGET
Office of Federal Procurement Policy
Publication of the Office of the Office of Federal Procurement Policy (OFPP) Policy
Letter 11-01, Performance of Inherently Governmental and Critical Functions
AGENCY: Office of Management and Budget, Office of Federal Procurement Policy
ACTION: Notice of Final Policy Letter
In addressing security operations, for example, the list
identifies where security operations would be inherently governmental in connection with
combat. This should not be read as a determination that all security performed in any
hostile situation other than actual combat may be performed by contractors. Rather it
means that those situations should be evaluated on a case-by-case basis to determine what
security functions and activities are inherently governmental and what can be performed
by contractors with appropriate management and oversight.

Appendix A. Examples of inherently governmental functions
The following is an illustrative list of functions considered to be inherently governmental.
This list should be reviewed in conjunction with the list of functions closely associated
with inherently governmental functions found in Appendix B to better understand the
differences between the actions identified on each list.

Note: For most functions, the list also identifies activities performed in connection with
the stated function. In many cases, a function will include multiple activities, some of
which may not be inherently governmental.

1. The direct conduct of criminal investigation.

2. The control of prosecutions and performance of adjudicatory functions (other than
those relating to arbitration or other methods of alternative dispute resolution).

3. The command of military forces, especially the leadership of military personnel who
are performing a combat, combat support or combat service support role.

4. Combat.

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Maritime Security: Cyprus Merchant Ships To Carry Gunmen Against Piracy, CNA Says

Unfortunately, this is all I could get on this story. There might have been stuff hidden in Cyprus news sites, but I could find anything, and translation mechanisms kind of sucked. Either way Lloyd’s List reported in June about Cyprus lawmakers introducing legislation that would make it legal for their flagged vessels to have armed guards. So hopefully this story below indicates some movement towards this becoming a reality?

I also imagine that the ‘cooking beans‘ incident, where a Cyprus vessel was set on fire by pirates as the crew cowered in their little safe room, probably brought just a little too much negative attention to the matter. lol  Hopefully we will see this law passed, and armed guards can get on these boats. -Matt

 

Cyprus Merchant Ships to Carry Gunmen Against Piracy, CNA Says
By Stelios Orphanides
Sep 26, 2011
Cyprus’s government is preparing a change to the law that will allow its merchant ships to carry gunmen as protection against pirates, Cyprus News Agency reported, citing a shipping official.
The east Mediterranean island is close to completing a bill which will be submitted to the parliament aimed at protecting Cypriot ships, CNA said, citing Sergios Sergiou, director of the Cypriot Department of Merchant Shipping.
Story here.

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