Friday, August 06, 2004

The Hand-Over That Wasn't: Illegal Orders give the US a Lock on Iraq's Economy: "in reality, the United States is still in charge: Not only do 138,000 troops remain to control the streets, but the '100 Orders' of L. Paul Bremer III remain to control the economy.... the interim constitution of Iraq, written by the U.S.-appointed Iraqi Governing Council, solidifies the orders by making them virtually impossible to overturn."

"A sampling of the most important orders demonstrates the economic imprint left by the Bush administration: Order No. 39 allows for: (1) privatization of Iraq's 200 state-owned enterprises; (2) 100% foreign ownership of Iraqi businesses; (3) "national treatment" — which means no preferences for local over foreign businesses; (4) unrestricted, tax-free remittance of all profits and other funds; and (5) 40-year ownership licenses. Thus, it forbids Iraqis from receiving preference in the reconstruction while allowing foreign corporations — Halliburton and Bechtel, for example — to buy up Iraqi businesses, do all of the work and send all of their money home. They cannot be required to hire Iraqis or to reinvest their money in the Iraqi economy. They can take out their investments at any time and in any amount.

"Orders No. 57 and No. 77 ensure the implementation of the orders by placing U.S.-appointed auditors and inspector generals in every government ministry, with five-year terms and with sweeping authority over contracts, programs, employees and regulations. Order No. 17 grants foreign contractors, including private security firms, full immunity from Iraq's laws. Even if they, say, kill someone or cause an environmental disaster, the injured party cannot turn to the Iraqi legal system. Rather, the charges must be brought to U.S. courts."

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