Feral Jundi

Wednesday, August 12, 2009

Industry Talk: Justice in Iraq, Contractors with PTSD and Taking Care of Our People

     Mr Fitzsimons posted details about his military past on a Facebook page set up to honour fallen service personnel. He tells of his time in 2 Para and his 3½ years in private security work. He advises soldiers in Iraq and Afghanistan: “Stay safe and to those who will return to fight a different battle … A war inside your head.” 

   Ever since this story came out in regards to the Armor Group shootings and this Fitzsimons guy, I have been thinking about the FJ point of view on this.  More specifically, the Jundism point of view.  The one thing I keep coming back to as far as the correct point of view, is ‘have the courage to do what is right’ or in the case of this story, have the courage to say what is right.

   Even though this guy killed two of his comrades in cold blood, as well as wounding an Iraqi, I think what is even more important out of all of this, is that Mr. Fitzsimons gets a fair trial in Iraq.  And if he cannot get a fair trial there, then I think it would be better to get him back to the UK to try him.  I want justice, as do most, but I do not want to witness something that is even more ‘ugly’ and vile.  So the question is, would he get a fair trial in Iraq?

   Undoubtedly, contractors are not liked in Iraq, and it would not surprise me that he would be given a death sentence in Iraq.  And you know, the death sentence is a part of the Iraqi justice system (they have hanged quite a few guys, to include Saddam).  It’s just that in this case, Fitzsimons killed an Australian and a Briton, and wounded an Iraqi, while in Iraq.  I guess he would fall under the laws of Iraq, based on the SOFA agreement, but there is an argument that he should fall under British law or even UCMJ, if he was under contract through a DoD gig.  I don’t know, but I do know that the imagery of a contractor hanging from the gallows of Iraq would be quite the message.  Not only to the industry but to the public and especially to Iraqis.  That message is another area we need to go over.

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Tuesday, August 11, 2009

Publications: State Department Amends ITAR To Add Temporary Export Exemption for Body Armor

   Good information to know.  If anyone else has anything to add, let me know or post it up in comments so we can get it out to the industry.  Cheers. –Matt

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State Department Amends ITAR To Add Temporary Export Exemption for Body Armor

August 7, 2009

The Department of State is amending the International Traffic in Arms Regulations (ITAR) to add an exemption for the temporary export of body armor for exclusive personal use to destinations not subject to restrictions under the ITAR § 126.1, and to Afghanistan and Iraq under specified conditions, effective August 6, 2009.

In order to use the exemption, the protective equipment must be for the individual’s exclusive use and must be returned to the United States. The individual may not re-export the protective equipment to a foreign person or otherwise transfer ownership. The protective equipment may not be exported to any country where the importation would be in violation of that country’s laws.

The U.S. person declaring the temporary export of body armor to U.S. Customs and Border Protection (CBP) should use CBP Form 4457, “Certificate of Registration for Personal Effects Taken Abroad.” In the event the body armor is lost or otherwise not returned to the United States, a detailed report about the incident must be submitted to the Office of Defense Trade Controls Compliance. The report should describe all attempts to locate the body armor.

Interested parties may submit comments at any time by any of the following methods:

E-mail: DDTCResponseTeam@state.gov with an appropriate subject line.

Mail: Department of State, Directorate of Defense Trade Controls, Office of Defense Trade Controls Policy, ATTN: Regulatory Change, Section 123.17, SA-1, 12th Floor, Washington, DC 20522-0112.

This notice may also be viewed on regulations.gov.

For further information, contact Director Charles B. Shotwell, Office of Defense Trade Controls Policy, Department of State, Telephone (202) 663-2792 or Fax (202) 261-8199; E-mail: DDTCResponseTeam@state.gov. ATTN: Regulatory Change, Section 123.17.

From the blog Official Export Guide

Saturday, August 1, 2009

Publications: GAO-09-351 Summary–Background Screenings and Other Standards for PSC’s

   This is great, because it is a metrics for how the DoD is doing in regards to fixing this stuff and addressing each of these areas.  So it would be cool to check on this report in the future to see how far along the DoD has come.  But going back to leadership, someone needs to motivate the DoD to make this happen, and that someone should be Secretary of Defense Gates.

   Personally, I think he needs to make an official statement that recognizes the legitimacy and the good work of security contractors in this war, then crack the whip to insure these recommendations become ‘implemented’.  I say legitimacy, because that would shut up those freaks out there, who still contend that we are a bunch of blood thirsty mercenaries that care only about money.  I also mention good work, because despite the few incidents in which have been negative, there have been hundreds of contracts that have helped out tremendously.  The CMC projects come to mind, and that program removed tons of munitions off the battlefields in Iraq, thus resulting in less munitions being used by the enemy. Or the thousands of missions contractors have performed, protecting convoys or personnel with their lives, and sometimes losing their life. –Matt

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Contingency Contract Management: DOD Needs to Develop and Finalize Background Screening and Other Standards for Private Security Contractors

GAO-09-351 July 31, 2009

Highlights Page (PDF)

Full Report (PDF, 50 pages)

Recommendations (HTML)

Summary

Currently in Iraq, there are thousands of private security contractor (PSC) personnel supporting DOD and State, many of whom are foreign nationals. Congressional concerns about the selection, training, equipping, and conduct of personnel performing private security functions in Iraq are reflected in a provision in the fiscal year 2008 National Defense Authorization Act (NDAA) that directs DOD to develop guidance on PSCs. This report examines the extent (1) that DOD and State have developed and implemented policies and procedures to ensure that the backgrounds of PSC employees have been screened and (2) that DOD has developed guidance to implement the provisions of the NDAA and (3) that DOD and State have addressed measures on other issues related to PSC employees in Iraq. To address these objectives, GAO reviewed DOD and State guidance, policies, and contract oversight documentation and interviewed agency and private security industry officials.

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Friday, July 31, 2009

Industry Talk: DoD Lacks Standards for Hiring Foreign Nationals, GAO Says

Defense was ordered to establish departmentwide standards under Homeland Security Presidential Directive 12 but has been hindered by bureaucratic wrangling and a lack of leadership, GAO said in a report released July 31. 

   As you have seen, I like to put the best quotes that summarizes the story, front and center.  And the two key points are bureaucratic wrangling and a lack of leadership.  Ding, ding, ding, and the GAO wins a prize!!!

   If you have been a FJ reader for a bit, you would know that leadership is a big thing here.  It is one of the dominant themes of Jundism as well, and I am glad to see that the GAO is willing to call it like it is.

     This is a total lack of leadership, plain and simple. And what kills me with this, is that they are now just talking about standards for LNs.  How many thousands of LN’s have we hired for this war, and yet no standard background check or skills assessment?  That we have depended upon the companies to pick and choose, and apply whatever standard they think is acceptable?

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Sunday, July 26, 2009

Leadership: Amid Reviews, DynCorp Bolsters Ethics Practices

     Glad to see DynCorp taking these steps and I hope they make good with their promise of ‘strengthening it’s ethics programs’.  But what DynCorp really needs to focus on, is insuring they hire the right folks into positions of management.  The quality of leadership out there is what will make or break your company out there.  Some ethics program manager posted in a nice comfortable office at headquarters will not be an effective tool for monitoring your management.

     It is a nice visual step, but the focus needs to be on the folks that will implement your ethics policies in the first place–the leaders.  And if your high paid managers suck, then get rid of them.  Matter of fact, get rid of the regional manager in charge of that guy as well, because obviously he didn’t care enough about company policy or doing things right to keep things in check. Remember the Sun Tzu and the 360 Concubines story I posted?  Well have the courage to do what is right, and get rid of your poor managers with authority.

    Send the message to your leadership that you demand excellence, and the rest will follow. You actually have to care about what is happening out in the field, dedicate the necessary resources to monitor what is going on out in the field, and correct things as quickly as possible.

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