Select Committee on Foreign Affairs Written Evidence


Letter to the Clerk of the Committee from the Parliamentary Relations and Devolution Team, Foreign and Commonwealth Office

  Thank you for your letter of 14 December 2005 in which you requested written answers to a series of questions relating to the operation and regulation of Private Security Companies in Iraq. For ease of reference I set out below the questions and our responses to each in the same order as they appear in your letter.

  1.   What are the rules of engagement which currently apply to personnel working for companies under contract to provide security services to HMG in Iraq?

  The operation of private security companies in Iraq is regulated by CPA Memorandum No 17 (attached as Annex A). (CPA legislation remains in force as part of the law of Iraq by virtue of Article 26 (C) of the Transitional Administrative Law and Article 126 of the Iraqi Constitution until amended or repealed by the new Iraqi Government). Annex A to CPA Memorandum No 17 sets out binding rules on the use of force which apply to all private security companies in Iraq.

  FCO have contracted two private companies, Control Risks Group and ArmorGroup, to provide security services to HMG. Annex A to CPA Memorandum No 17 forms part of their standard operating procedures (SOPs). Every individual working for these contractors is required by contract to follow rules of engagement based on these SOPs (attached as Annex B).

  2.   What criminal law currently applies: (a) to personnel working for companies under contract to provide security services to HMG in Iraq, (b) to personnel working for British companies under contract to provide security services to other governments or to international bodies in Iraq, and (c) to British citizens working for foreign companies under contract to provide security services to other governments or to international bodies in Iraq?

  In general, the criminal law of Iraq applies to crimes committed within the territory of Iraq and the application of this law is not affected by the nationality of the perpetrator or the identity of a person's employer. Personnel employed by private security companies in Iraq may, however, enjoy immunity in some circumstances from the jurisdiction of the Iraqi courts.

  Foreign nationals working in Iraq may in some cases remain subject to the criminal law of their state of nationality. The scope of application of such extra-territorial jurisdiction will depend on the legal system of each state.

  Category (a): Personnel employed by Control Risks Group and ArmorGroup in Iraq are notified to the Iraqi Government as members of the Administrative and Technical Staff of the British Embassy. This status means that they are entitled to immunity from the criminal jurisdiction of the Iraqi courts, although such immunity may be waived. The FCO is currently reviewing the conferral of this status on these personnel.

  Category (b): By virtue of CPA Order No 17 (Revised) (attached as Annex C), all non-Iraqi personnel working under contract in Iraq for (i) the MNF-I; (ii) a body engaged in humanitarian, development or reconstruction efforts; or (iii) any foreign diplomatic or consular mission, are required to respect the laws of Iraq, except that they are not subject to Iraqi laws or regulations in matters relating to the terms and conditions of their contracts. Private Security Companies are however required to comply with any CPA legislation regulating the activities of such companies. Such contractors are immune from the jurisdiction of the Iraqi courts with respect to acts performed pursuant to the terms and conditions of their contract, but this immunity may be waived by the State that has employed the contractor.

  Iraqi nationals in categories (a) and (b) have no immunity.

  Category (c): The position of British citizens working for foreign companies under contract to provide security services to foreign diplomatic missions in Iraq or to international bodies engaged in humanitarian, development or reconstruction efforts is the same as for other non-Iraqi personnel in category (b).

  In addition, if a contractor of British nationality (in any category) were to commit a criminal offence in Iraq it is possible that in some circumstances he could be prosecuted in this country. This would depend on whether extra-territorial jurisdiction exists for the offence under English law. The CPS would assess whether to bring a prosecution in accordance with the normal requirements laid down in the Code for Crown prosecutors, ie whether there was a realistic prospect of a conviction and whether it was in the public interest to bring a prosecution here.

  3.   Is there a standard form of contract for companies which provide security services to HMG in Iraq? If so, may the Committee have a copy? If not, may the Committee receive examples of indemnity clauses from such contracts, with any commercial in confidence information removed?

  The contracts with companies that provide security services to HMG in Iraq are based on a standard format. I attach a copy of the current core contract (Annex D).

  4.   How is compliance by private companies with the terms of contracts for the supply of security services to HMG in Iraq monitored?

  Day to day contract management is carried out by the Overseas Security Manager at Post overseen by the Deputy Head of Mission with support from FCO London (Iraq Policy Unit, Iraq Resource Management Unit, Security Management Directorate and Procurement Strategy Unit).

  The Overseas Security Manager ensures that the Private Security Companies have the agreed number of staff on the ground, that they comply with FCO security procedures, that they maintain effectively FCO supplied security equipment, and that, in FCO parlance, they do not bring the FCO into disrepute. Any transgression of terms of contract would be flagged up by the Overseas Security Manager with senior managers of the contracted security companies at post, and if necessary disciplinary measures taken.

  I hope our response has addressed your queries.

  Kind Regards

Chris Stanton

Parliamentary Relations and Devolution Team

Foreign and Commonwealth Office

12 January 2006


 
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