Feral Jundi

Thursday, April 21, 2011

Legal News: DoD General Counsel Issues Guidance On Tax Exemptions For Contractors And Contractor Personnel In Iraq And Afghanistan

The Government of the United States of America, its military and civilian personnel, contractors, and contractor personnel shall not be liable to pay any tax or similar charge assessed within Afghanistan…. Acquisition of articles and services in the republic of Afghanistan by or on behalf of the Government of the United States of America in implementing this agreement shall not be subject to any taxes, customs duties or similar charges in Afghanistan. -From the US/Afghan SOFA

Below I have posted both fact sheets that detail exactly what parts of the SOFA agreements we signed with Iraq and Afghanistan that details these exemptions. So this is the battle line that the US government has drawn, and these are the agreements between the US and these countries.  So if you think you or your company is being wrongly taxed or charged by government folks in these countries, you need to let your company know and remind all parties of what the position of the US government is on this matter. If you give these folks an inch, they will take a mile. –Matt

DoD General Counsel Issues Guidance on Tax Exemptions for Contractors and Contractor Personnel in Iraq and Afghanistan
April 20, 2011
The United States is bound by two distinct international agreements which contain specific provisions regarding the tax exemptions afforded to U.S. contractors and U.S. contractor employees in Iraq and Afghanistan. In Afghanistan, the Status of Forces Agreement (SOFA) was entered into force on May 28, 2003. In Iraq, the U.S.-Iraq Security Agreement was entered into force on January 1, 2009. Both agreements provide broad tax exemptions for U.S. government personnel, including contractors and contractor employees doing business on behalf of the U.S. government. The terms of the agreements generally do not provide tax exemptions for persons or legal entities normally resident in Iraq or Afghanistan.
On March 28, 2011, DoD/OGC issued two fact sheets—one for Iraq and one for Afghanistan—addressing the tax exemptions for U.S. federal government contractors and contractor employees conducting business in these countries:
DoD/OGC fact sheet on Tax Exemptions for United States Contractors and United States Contract Personnel-Iraq
DoD/OGC fact sheet on Tax Exemptions for United States Contractors and United States Contract Personnel-Afghanistan

Monday, April 18, 2011

Legal News: Jailing Of Croatian General Ignites Anger At EU

These forces had received instruction by a U.S.-based firm, Military Professional Resources Incorporated (MPRI), headed by retired General Carl Vuono, which provided (along with French Foreign Legion organized training camp in Šepurine near Zadar) mainly the commissioned-officers training, but had no significant intelligence activities or professional influence on senior Croatian military strategy and tactics. Its engagement was approved by the U.S. government.
Former President Bill Clinton wrote in his memoirs that he believed the Serbs could only be brought to the negotiating table if they sustained major losses on the ground. The negotiations produced the Dayton Peace Agreement which ended the war in the Balkans.
Former US peace negotiator Richard Holbrooke said “he realised how much the Croatian offensive in the Krajina profoundly changed the nature of the Balkan game and thus this diplomatic offensive.” Retired four-star General Wesley Clark, Director, Strategic Plans and Policy (J5) for the U.S. Joint Chiefs of Staff and later Supreme Allied Commander Europe simply called it a turning point. -From Wikipedia

Thanks to Cannoneer #4 for sending me this.  As everyone remembers, MPRI was instrumental to Operation Storm and licensed by the US government to do what they were doing in Croatia at this time. As the quotes above state, this victory in Croatia was a ‘turning point’ of the Balkans Conflict.

Awhile back, I also posted a deal where MPRI was being sued by Serbians that were impacted by this operation.  No word yet on how that is going. –Matt

Jailing of Croat general ignites anger at EU
April 16, 2011
By DUSAN STOJANOVI
Anger at a U.N. court’s jailing of a Croatian war hero erupted into fury at the European Union and this country’s pro-Western government on Saturday when thousands of enraged veterans of the Balkan conflict tore EU flags and denounced the conservative administration.
The court in The Hague, Netherlands, on Friday sentenced Gen. Ante Gotovina to 24 years in prison for atrocities committed by his troops during “Operation Storm” — a 1995 military offensive designed to drive the Serb rebels out a swath of Croatia they had occupied. (more…)

Monday, March 14, 2011

Legal News: Paravant Contractors Get An Involuntary Manslaughter Charge For Self-Defense Shooting In Afghanistan

Filed under: Afghanistan,Legal News — Tags: , , , , — Matt @ 1:49 PM

 

This is stupid. Being charged with involuntary manslaughter for killing the passenger in a threat vehicle? In an active war zone as well?  Think of the situation here. These guys were trying to stop a perceived threat, which happens to be a car driving recklessly towards them and their accident site. To me, the ones responsible for the death of the passenger is the guy driving the vehicle. Chris and Justin were simply acting in self-defense–which the jury has agreed was the case. It’s as if the prosecution had to find ‘something’ to get the evil contractors with, and were able to convince the jury that this was a legitimate charge?

With that said, I certainly hope the defense will file a motion and have this charge removed.  All in all though, this is a victory for the defense in the face of such heavy duty political pressure. The prosecution had a retrial and second chance to go after these two men, and all they could eek out of the process was an involuntary manslaughter charge?  The point is, they failed at convincing a jury that this was murder, and the final outcome was that it was a ‘defensive act’. When the charge is removed, I will post an update. –Matt

From the Free Justin H. Cannon Facebook Page

Justin and Chris were found guilty of one count of involuntary manslaughter at about 4:30 p.m. today.

Their attorneys think they have a chance of getting the verdict set aside, or if that fails, getting it overturned on appeal. Involuntary manslaughter was not in the original indictment, but the prosecution convinced the judge to include it and voluntary manslaughter in his instructions to the Jury.

(more…)

Tuesday, March 8, 2011

Legal News: Welch And Jones Introduce Bipartisan Bill To Stop Afghanistan From Taxing US Aid

     I like it, and I am sure many aid organizations and companies getting harassed by the Afghan government will like this as well.

     If you support a bill like this, by all means communicate that to Reps. Welch or Rep. Jones. I have also provided the FAQ below from a website called Congress.org that spells out how you can best communicate electronically with Congress.(you can sign up with their service, or just do it on your own)

     Also, if you want to ‘like’ a congressman on Facebook, and voice your opinion on the bill on their wall, that is another quick way of communications and voicing support. –Matt

Welch and Jones introduce bipartisan bill to stop Afghanistan from taxing US aid

Monday, 07 March 2011

Reps. Peter Welch (D-Vt.) and Walter Jones (R-N.C.) on Monday introduced bipartisan legislation to prevent the Afghan government from taxing American companies delivering US aid to Afghanistan.

The Stop Taxing American Assistance to Afghanistan Act (H.R. 936) would bar future assistance to Afghanistan unless US contractors and subcontractors delivering aid are exempt from taxation by the government of Afghanistan. According to the Washington Post, the Afghan government recently sent overdue tax bills to US contractors working in the country.

“It is absurd for the Aghan government to suggest taxing America’s effort to rebuild their country,” Welch said. “While that may make sense in Hamid Karzai’s world, it makes no sense to the American taxpayer. This legislation will make sure America is not taxed on the assistance it provides to Afghanistan.”

“It is outrageous for the Karzai government to tax U.S infrastructure spending for the reconstruction of their country,” Jones said.

The calls to tax US contractors come despite bilateral agreements that exempt US-based companies from such taxation. In recent months, the Afghan government has warned contractors in the country that failure to pay what it deems overdue tax bills could result in arrest or confiscation of goods.

H.R. 936 was referred to the House Committee on Foreign Affairs.

Story here.

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Communicating with Congress

E-mailing Your Elected Officials

Veteran Washington reporter Craig Crawford offers some tips on how to write an effective letter to Congress. (Transcription available here. )

Members of Congress prefer to hear from their constituents by e-mail. It’s faster, easier to sort and doesn’t present any security risks. (Read more here.) In order to avoid having their in boxes flooded with spam and letters from people in other states, Senators and Representatives require people e-mailing them to supply an address and other information before sending an e-mail. Because of these requirements, however, you cannot e-mail more than one of your elected officials at the same time through their Web sites.

(more…)

Monday, February 28, 2011

Legal News: Fitzsimons Gets Life Sentence In Iraq, Escaping Hanging

     Interesting verdict. Thanks to Carmen for giving me the heads up on this story and this is hopefully the final chapter on a very tragic incident.

     This is also significant because this is the first Western contractor to be prosecuted and convicted of a crime in Iraq. –Matt

UK contractor gets life sentence in Iraq, escaping hanging

February 28, 2011

An Iraqi judge sentenced a British contractor to life in prison Monday, sparing him the death penalty.

Daniel Fitzsimons, 30, was charged with murder in the 2009 shooting deaths of two colleagues in Baghdad, in the first trial of a Westerner in Iraq since the Iraq War started in 2003.

He pleaded not guilty, telling a three-judge panel that he shot the two men in self-defense.

The judge who sentenced him said he didn’t give him the death penalty “because you’re still young and because of the circumstances of the crime,” he said.

Fitzsimons smiled and thanked the judge when he heard the verdict Monday.

The victims were Paul McGuigan, a British national, and Darren Hoare, an Australian. Fitzsimons was also accused of the attempted murder of a guard.

(more…)

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