Military Executive Order
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Private Military and Defense / The Rules of Contract Based
Warfare
One of the most common criticisms about private security
contractors is that there are insufficient rules governing their
actions.
But the truth is, there is and always has been a way to ensure
that contractors act the way the client, as in the U.S.
government or other private sector firms, wants. And that is to
simply write it into the contract.
And now, the U.S. government has been doing just that. The
Worldwide Personal Protective Services contract that the State
Department issued for protection of its personnel and
facilities. This is the contract that is split between
Blackwater, Triple Canopy and DynCorp.
According to a Congressional Budget Office report issued last
month, nearly 3,000 security contractors work directly for the
State Department in Iraq.
The document, which details what Blackwater is required to do.
Lays out how quickly should Blackwater and the State Department
be able to contact each other? The contract requires the
department's Diplomatic Security office to "be able to
communicate on a reliable, and prompt (sometimes in a matter of
minutes) basis with a Contractor management point of contact."
How well trained are the contractors? The contractor is required
to "establish and implement a personal protection security
training capability." The program must be approved by DS, and
the government reserves the right to inspect it.
The contractor is required to provide all necessary logistical
support. This includes, among other things, clothing, weapons,
vaults and ammunition storage facilities meeting DS standards,
cell phones, hand-held radios, vehicles, load-bearing vests,
utility belts, pepper spray and morale needs.
What requirements must an American citizen meet to be a security
contractor? To start, be at least 21 years old, have a valid
driver's license and passport, an unblemished personal and, if
appropriate, military record. He must be in good physical
condition and submit evidence of having passed a physical
fitness test prior to and within 30 days of deployment. He must
be proficient in defensive driving techniques and be familiar
with first aid procedures. He also must meet minimum firearms
proficiency, including familiarity with every weapon used on a
detail, and have fired every weapon at an acceptable level of
proficiency.
In order to get a security clearance, a contractor must fill in
and submit at least nine different forms, ranging from
fingerprint cards to credit bureau reports. The screening
process also includes, but is not limited to, past work history
going back 10 years, police record checks and psychological
screening.
What about weapons? According to the contract, Blackwater must
ensure that guards' weapons are properly maintained, including:
-- all weapons shall be cleaned weekly at a designated location.
-- all cleaning supplies shall be provided.
-- weekly cleaning logs shall be maintained, listing each weapon
by make, model, serial number and the date on which it was
cleaned.
The contractor is also required to employ
armories on site to
perform this maintenance. And he must attend a DS class before
being assigned to the post. He also must be factory-certified
for each weapon furnished to the Protective Services details.
At times the requirements in the contract seem a bit surreal. It
states that "guards will be polite and courteous in performance
of their duties. They will not use abusive language."
Considering the working conditions, that seems a bit much to
expect.
The contractor is also supposed to ensure that no weapons are
misused, mishandled or fired negligently. However, the contract
does not specify how the contractor is supposed to ensure that.
More importantly, when can a contractor use his weapon? The
contract is quite clear. It states:
a. Deadly Force will only be used after all non-violent efforts
are exhausted to stop a life-threatening disturbance at any post
manned by the guards.
b. Deadly Force will only be used to protect the life of the
guard or person on the post from lethal bodily harm by another
individual or individuals. The oral threat of bodily harm is
insufficient justification for the use of Deadly Force.
c. Abusive and/or obscene language directed at the guard or
another individual is insufficient justification for the use of
Deadly Force.
d. Any person attempting to use lethal force on a guard, or
lethally assaulting the guard or another individual, or in any
way causing the death of another individual, constitutes
sufficient justification for the use of Deadly Force.
e. The use of Deadly Force represents the last resort by a guard
for the restoration of order.
Are there consequences if a contractor screws up? The contract
says that if a contractor is discharged or returned to the
United States, or a third country in the case of foreign
nationals, because of dissatisfaction with the assignment or for
unsatisfactory performance, the contractor shall be assigned
negative incentive. Executive Order is a privately funded Arizona
corporation in business since 1978.