Leaked Contract Reveals BP’s Control of Iraqi Oil

MEDIA ROOTS– To all those who mocked the anti-war community’s “no blood for oil” mantra, turns out BP has zeroed in on controlling a huge piece of Iraq’s oil pie. Instead of being punished for irreversibly polluting the earth’s oceans, BP’s criminality continues to be rewarded with even more government contracts. In addition to the $2 billion in annual US defense contracts, the company was awarded a 20 year contract deal with the Iraqi government to control their oil in 2009. Shockingly, a recently leaked version of that contract reveals that BP has locked in payment from future Iraqi governments, irrespective of whether or not oil is even extracted.

Abby

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NEW LEFT PROJECT– A leaked contract between BP and the Iraqi government has revealed the extent to which the company has gained control over Iraq’s oil. The 20-year contract for the Rumaila field near Basra published today by oil industry watchdog PLATFORM, commits future Iraqi governments to paying BP whether or not it extracts oil, irrespective of OPEC quotas and of the state of Iraqi pipeline and export infrastructure.

BP was awarded the deal at an auction in June 2009, but suspicions were raised when the company did not sign the contract until four months later. The Iraqi government said nothing had changed in the interim, only “clarifications” – claims that the leaked contract show not to be true.

This leaked version was compared in a briefing published today, ‘From Glass Box to Smoke Filled Room –  How BP secretly renegotiated its Iraqi oil contract and how Iraqis will pay the price’ with the official model contract, dated 23 April 2009, which formed the basis of the first bid round. The report shows that several key changes were made, including:

> BP could opt to be paid for oil not produced as a result of OPEC quotas or Iraqi infrastructure bottlenecks. In the model contract for which companies bid at the auction, the cost of such scenarios would have been shared by both sides.

> The threshold for BP’s project expenditure at which Iraqi approval was required was raised from $50m to $100m and tight time limits applied to Iraqis’ ability to check such expenditures are legitimate and not inflated.

Greg Muttitt, author of the report and the recently published book “Fuel on the Fire – Oil and Politics in Occupied Iraq” said:

“The changes that took place behind closed doors at first look like technical details. But look more closely and you see their real meaning: BP, not the Iraqi government, will effectively control future rates of production. This gives the company a stranglehold on the Iraqi economy”.

Kevin Smith, a campaigner from oil industry watchdog PLATFORM said:

“Fully informed public debate and scrutiny are vital to prevent the worst excesses of exploitation taking place when oil contracts are agreed. Whatever pressure BP has brought to bear in these backroom dealings, the changes are clearly to the detriment of the people of Iraq.”

Also revealed today:

In April 2009, just two months before the auction at which BP won the contract, Iraqi Ministry of Oil officials sought training on commercial and negotiating skills – from BP, the very company with which it would be negotiating.

When parliamentarians called the Oil Minister in for questionning on the contract, Iraqi Prime Minister Nouri al-Maliki wrote privately to the speaker of parliament calling for him to block the it, on grounds that the questionning would hold back Iraq’s progress, in a way that would be “in harmony” with recent terrorist bombings in Baghdad.

© 2011 New Left Project, Press Release by PLATFORM

Photo by Flickr user Daniel Fogg

Who Rules America? Breaking Down the Top 1%

GLOBAL RESEARCH – This article was written by an investment manager who works with very wealthy clients. I knew him from decades ago, but he recently e-mailed me with some concerns he had about what was happening with the economy. What he had to say was informative enough that I asked if he might fashion what he had told me into a document for the Who Rules America Web site. He agreed to do so, but only on the condition that the document be anonymous, because he does not want to jeopardize his relationships with his clients or other investment professionals.

Below are his thoughts on the disproportion of wealth issued to the top 1%.  Without the use of an income tax calculator, most of us can only speculate as to how this impacts the average American family. Within this article, he paints an accurate portrait as to how this desparity is currently effecting the economy.

G. William Domhoff

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I sit in an interesting chair in the financial services industry. Our clients largely fall into the top 1%, have a net worth of $5,000,000 or above, and if working make over $300,000 per year. My observations on the sources of their wealth and concerns come from my professional and social activities within this group.

Work by various economists and tax experts make it indisputable that the top 1% controls a widely disproportionate share of the income and wealth in the United States. When does one enter that top 1%? (I’ll use “k” for 1,000 and “M” for 1,000,000 as we usually do when communicating with clients or discussing money; thousands and millions take too much time to say.) Available data isn’t exact. but a family enters the top 1% or so today with somewhere around $300k to $400k in pre-tax income and over $1.2M in net worth. Compared to the average American family with a pre-tax income in the mid-$50k range and net worth around $120k, this probably seems like a lot of money. But, there are big differences within that top 1%, with the wealth distribution highly skewed towards the top 0.1%.

The Lower Half of the Top 1%

The 99th to 99.5th percentiles largely include physicians, attorneys, upper middle management, and small business people who have done well. Everyone’s tax situation is, of course, a little different. On earned income in this group, we can figure somewhere around 25% to 30% of total pre-tax income will go to Federal, State, and Social Security taxes, leaving them with around $250k to $300k post tax. This group makes extensive use of 401-k’s, SEP-IRA’s, Defined Benefit Plans, and other retirement vehicles, which defer taxes until distribution during retirement. Typical would be yearly contributions in the $50k to $100k range, leaving our elite working group with yearly cash flows of $175k to $250k after taxes, or about $15k to $20k per month.

Until recently, most studies just broke out the top 1% as a group. Data on net worth distributions within the top 1% indicate that one enters the top 0.5% with about $1.8M, the top 0.25% with $3.1M, the top 0.10% with $5.5M and the top 0.01% with $24.4M. Wealth distribution is highly skewed towards the top 0.01%, increasing the overall average for this group. The net worth for those in the lower half of the top 1% is usually achieved after decades of education, hard work, saving and investing as a professional or small business person. While an after-tax income of $175k to $250k and net worth in the $1.2M to $1.8M range may seem like a lot of money to most Americans, it doesn’t really buy freedom from financial worry or access to the true corridors of power and money. That doesn’t become frequent until we reach the top 0.1%.

I’ve had many discussions in the last few years with clients with “only” $5M or under in assets, those in the 99th to 99.9th percentiles, as to whether they have enough money to retire or stay retired. That may sound strange to the 99% not in this group but generally accepted “safe” retirement distribution rates for a 30 year period are in the 3-5% range with 4% as the current industry standard. Assuming that the lower end of the top 1% has, say, $1.2M in investment assets, their retirement income will be about $50k per year plus maybe $30k-$40k from Social Security, so let’s say $90k per year pre-tax and $75-$80k post-tax if they wish to plan for 30 years of withdrawals. For those with $1.8M in retirement assets, that rises to around $120-150k pretax per year and around $100k after tax. If someone retires with $5M today, roughly the beginning rung for entry into the top 0.1%, they can reasonably expect an income of $240k pretax and around $190k post tax, including Social Security.

While income and lifestyle are all relative, an after-tax income between $6.6k and $8.3k per month today will hardly buy the fantasy lifestyles that Americans see on TV and would consider “rich”. In many areas in California or the East Coast, this positions one squarely in the hard working upper-middle class, and strict budgeting will be essential. An income of $190k post tax or $15.8k per month will certainly buy a nice lifestyle but is far from rich. And, for those folks who made enough to accumulate this much wealth during their working years, the reduction in income and lifestyle during retirement can be stressful. Plus, watching retirement accounts deplete over time isn’t fun, not to mention the ever-fluctuating value of these accounts and the desire of many to leave a substantial inheritance. Our poor lower half of the top 1% lives well but has some financial worries.

Since the majority of those in this group actually earned their money from professions and smaller businesses, they generally don’t participate in the benefits big money enjoys. Those in the 99th to 99.5th percentile lack access to power. For example, most physicians today are having their incomes reduced by HMO’s, PPO’s and cost controls from Medicare and insurance companies; the legal profession is suffering from excess capacity, declining demand and global outsourcing; successful small businesses struggle with increasing regulation and taxation. I speak daily with these relative winners in the economic hierarchy and many express frustration.

Unlike those in the lower half of the top 1%, those in the top half and, particularly, top 0.1%, can often borrow for almost nothing, keep profits and production overseas, hold personal assets in tax havens, ride out down markets and economies, and influence legislation in the U.S. They have access to the very best in accounting firms, tax and other attorneys, numerous consultants, private wealth managers, a network of other wealthy and powerful friends, lucrative business opportunities, and many other benefits. Most of those in the bottom half of the top 1% lack power and global flexibility and are essentially well-compensated workhorses for the top 0.5%, just like the bottom 99%. In my view, the American dream of striking it rich is merely a well-marketed fantasy that keeps the bottom 99.5% hoping for better and prevents social and political instability. The odds of getting into that top 0.5% are very slim and the door is kept firmly shut by those within it.

The Upper Half of the Top 1%

Membership in this elite group is likely to come from being involved in some aspect of the financial services or banking industry, real estate development involved with those industries, or government contracting. Some hard working and clever physicians and attorneys can acquire as much as $15M-$20M before retirement but they are rare. Those in the top 0.5% have incomes over $500k if working and a net worth over $1.8M if retired. The higher we go up into the top 0.5% the more likely it is that their wealth is in some way tied to the investment industry and borrowed money than from personally selling goods or services or labor as do most in the bottom 99.5%. They are much more likely to have built their net worth from stock options and capital gains in stocks and real estate and private business sales, not from income which is taxed at a much higher rate. These opportunities are largely unavailable to the bottom 99.5%.

Recently, I spoke with a younger client who retired from a major investment bank in her early thirties, net worth around $8M. We can estimate that she had to earn somewhere around twice that, or $14M-$16M, in order to keep $8M after taxes and live well along the way, an impressive accomplishment by such an early age. Since I knew she held a critical view of investment banking, I asked if her colleagues talked about or understood how much damage was created in the broader economy from their activities. Her answer was that no one talks about it in public but almost all understood and were unbelievably cynical, hoping to exit the system when they became rich enough.

Folks in the top 0.1% come from many backgrounds but it’s infrequent to meet one whose wealth wasn’t acquired through direct or indirect participation in the financial and banking industries. One of our clients, net worth in the $60M range, built a small company and was acquired with stock from a multi-national. Stock is often called a “paper” asset. Another client, CEO of a medium-cap tech company, retired with a net worth in the $70M range. The bulk of any CEO’s wealth comes from stock, not income, and incomes are also very high. Last year, the average S&P 500 CEO made $9M in all forms of compensation. One client runs a division of a major international investment bank, net worth in the $30M range and most of the profits from his division flow directly or indirectly from the public sector, the taxpayer. Another client with a net worth in the $10M range is the ex-wife of a managing director of a major investment bank, while another was able to amass $12M after taxes by her early thirties from stock options as a high level programmer in a successful IT company. The picture is clear; entry into the top 0.5% and, particularly, the top 0.1% is usually the result of some association with the financial industry and its creations. I find it questionable as to whether the majority in this group actually adds value or simply diverts value from the US economy and business into its pockets and the pockets of the uber-wealthy who hire them. They are, of course, doing nothing illegal.

I think it’s important to emphasize one of the dangers of wealth concentration: irresponsibility about the wider economic consequences of their actions by those at the top. Wall Street created the investment products that produced gross economic imbalances and the 2008 credit crisis. It wasn’t the hard-working 99.5%. Average people could only destroy themselves financially, not the economic system. There’s plenty of blame to go around, but the collapse was primarily due to the failure of complex mortgage derivatives, CDS credit swaps, cheap Fed money, lax regulation, compromised ratings agencies, government involvement in the mortgage market, the end of the Glass-Steagall Act in 1999, and insufficient bank capital. Only Wall Street could put the economy at risk and it had an excellent reason to do so: profit. It made huge profits in the build-up to the credit crisis and huge profits when it sold itself as “too big to fail” and received massive government and Federal Reserve bailouts. Most of the serious economic damage the U.S. is struggling with today was done by the top 0.1% and they benefited greatly from it.

Not surprisingly, Wall Street and the top of corporate America are doing extremely well as of June 2011. For example, in Q1 of 2011, America’s top corporations reported 31% profit growth and a 31% reduction in taxes, the latter due to profit outsourcing to low tax rate countries. Somewhere around 40% of the profits in the S&P 500 come from overseas and stay overseas, with about half of these 500 top corporations having their headquarters in tax havens. If the corporations don’t repatriate their profits, they pay no U.S. taxes. The year 2010 was a record year for compensation on Wall Street, while corporate CEO compensation rose by over 30%, most Americans struggled. In 2010 a dozen major companies, including GE, Verizon, Boeing, Wells Fargo, and Fed Ex paid US tax rates between -0.7% and -9.2%. Production, employment, profits, and taxes have all been outsourced. Major U.S. corporations are currently lobbying to have another “tax-repatriation” window like that in 2004 where they can bring back corporate profits at a 5.25% tax rate versus the usual 35% US corporate tax rate. Ordinary working citizens with the lowest incomes are taxed at 10%.

I could go on and on, but the bottom line is this: A highly complex and largely discrete set of laws and exemptions from laws has been put in place by those in the uppermost reaches of the U.S. financial system. It allows them to protect and increase their wealth and significantly affect the U.S. political and legislative processes. They have real power and real wealth. Ordinary citizens in the bottom 99.9% are largely not aware of these systems, do not understand how they work, are unlikely to participate in them, and have little likelihood of entering the top 0.5%, much less the top 0.1%. Moreover, those at the very top have no incentive whatsoever for revealing or changing the rules. I am not optimistic.

Written by G. William Domhoff

© 2011 Global Research

Photo by Flickr user Maciej Dakowicz

Corporations’ Free Pass: ALEC and “Tort Reform”

PR WATCH– On October 23, 2009, Harrison “Harry” Kothari celebrated his second birthday by blowing out candles on a cake decorated with a giant airplane. At age two, Harry could ride a tricycle, stack blocks, and say words like “mama,” “airplane,” and “thank you.” A month earlier, surgeons at a Houston hospital had removed a benign cyst from Harrison’s head without problems. In follow-up visits, nurses drained cerebrospinal fluid to test for infection, and following normal protocol, wiped the area around the drain with what they assumed were sterile alcohol wipes. On December 1, Harry was dead, his tiny brain swollen by a Bacillus cereus infection apparently caused by contaminated alcohol wipes.

According to the Milwaukee Journal Sentinel, the wipes were produced by the Hartland, Wisconsin corporation Triad Group and its manufacturing subsidiary, H&P. Employees had long complained of hygiene and safety problems; one former quality control inspector told the newspaper that “we were told to keep things running at all costs,” and after one employee cut her finger when packing alcohol wipe packets, the wipes were nonetheless shipped with blood inside and outside the box. And for years, the Food and Drug Administration FDA) –- the regulatory agency tasked with protecting public health — had noted sanitation and manufacturing problems at the plant, but did not take serious action until it was too late.

Harry’s family has sued Triad for killing their baby boy with its negligence. Triad states its products met FDA regulations. Under a bill promoted by the American Legislative Exchange Council (ALEC), the Regulatory Compliance Congruity with Liability Act, Triad’s “regulatory compliance” might be enough to absolve Triad from any and all responsibility to Harry’s family.

The Regulatory Compliance Congruity with Liability Act is part of a set of “tort reform” bills from ALEC that limit corporate responsibility at the expense of average Americans. ALEC, the corporate-funded national organization that lets Big Business hand state legislators “model bills” to introduce in their state, has been pushing “tort reform” since about 1986, with the support of Big Tobacco, the insurance industry, and other major corporations.

Read more about ALEC and “Tort Reform”

© 2011 Center for Media & Democracy

Photo by Flickr user 

How Corporations Awarded Themselves Legal Immunity

GUARDIAN– Worried about the influence of money in American politics, the huge cash payouts that the US supreme court waved through by its Citizens United decision – the decision that lifted most limits on election campaign spending? Corporations are having their way with American elections just as they’ve already had their way with our media.

But at least we have the courts, right?

Wrong. The third branch of government’s in trouble, too. In fact, access to justice – like access to elected office, let alone a pundit’s perch – is becoming a perk just for the rich and powerful.

Take the young woman now testifying in court in Texas. Jamie Leigh Jones claims she was drugged and gang-raped while working for military contractor KBR in Iraq (at the time, a division of Halliburton). Jones, now 26, was on her fourth day in post in Baghdad in 2005 when she says she was assaulted by seven contractors and held captive, under armed guard by two KBR police, in a shipping container.

When the criminal courts failed to act, her lawyers filed a civil suit, only to be met with Halliburton’s response that all her claims were to be decided in arbitration – because she’d signed away her rights to bring the company to court when she signed her employment contract. As Leigh testified before Congress, in October 2009, “I had signed away my right to a jury trial at the age of 20 and without the advice of counsel.” It was a matter of sign or resign. “I had no idea that the clause was part of the contract, what the clause actually meant,” testified Jones.

You’ve probably done the very same thing without even knowing it. When it comes to consumer claims, mandatory arbitration is the new normal. According to research by Public Citizen and others, corporations are inserting “forced arbitration” clauses into the fine print of contracts for work, for cell phone service, for credit cards, even nursing home contracts, requiring clients to give up their right to sue if they are harmed. Arbitration is a no-judge, no-jury, no-appeal world, where arbitrators are (often by contract) selected by the company and all decisions are private – and final. 

They don’t pay fair wages; they don’t pay their fare share of taxes. They evade liability. What gives? Says Saladoff: “When corporations harm, there should be some way to hold them accountable.”

Read more about How Corporations Award Themselves Legal Immunity

Written by Laura Flanders

© 2011 Guardian

Photo by Flickr user tommyajohansson

The Supreme Court’s Free Pass on Sexism for Walmart

GUARDIAN– Let’s get this right: the world’s biggest boss, supported by companies as diverse as Altria, Bank of America, Microsoft and General Electric and backed up by the godfather of big business (the US Chamber of Commerce) has persuaded the US supreme court that thousands of women workers can’t possibly share enough of an interest to constitute a class?

It’s hard to know which part of the court’s decision in Dukes v Walmart hurts equity most: the assault on class-action jurisprudence generally, at a time of shrinking tools for workers seeking redress, or the defeat of history’s biggest gender-based claim before a court that, for the first time, includes two women, one of whom (Ruth Bader Ginsburg) made her reputation in sex discrimination law.

Dividing 5-4, in Dukes v Walmart, the supreme court on Monday dismissed the plaintiffs’ claim that companywide policy gave local managers too much discretion in pay and promotion decisions, leaving Walmart employees at thousands of Walmart and Sam’s Club stores vulnerable to gender stereotypes. (The company changed the format of its name since the case was filed.) The plaintiffs “provide no convincing proof of a companywide discriminatory pay and promotion policy,” Justice Antonin Scalia wrote for the majority.

Read full article about Walmart: Too Big to Sue?

© 2011 Guardian

Photo by flickr user Walmart Stores