As part of an effort to convince Congress and the public that it really was on the ball on the whole port deal, the administration leaked word yesterday that it had included all kinds of secret conditions to the Dubai Ports contract that would further protect U.S. interests. There are, however, a couple of catches.
The Bush administration secretly required a company in the United Arab Emirates to cooperate with future U.S. investigations before approving its takeover of operations at six American ports, according to documents obtained by The Associated Press. It chose not to impose other, routine restrictions.
As part of the $6.8 billion purchase, state-owned Dubai Ports World agreed to reveal records on demand about “foreign operational direction” of its business at U.S. ports, the documents said. Those records broadly include details about the design, maintenance or operation of ports and equipment.
A Wall Street Journal report added that administration officials “obtained extra security commitments from Dubai Ports World,” which offered “safeguards” and “more intense scrutiny.”
Sound good? Well, maybe. The same secret requirements said Dubai Ports would not be required to keep copies of business records on U.S. soil, where they would be subject to court orders. As Josh Marshall put it, “The failure to require the company to keep business records on US soil sounds like a pretty open invitation to flout US law as near as I can tell.”
For that matter, the administration-negotiated conditions also said the company did not have to designate an American citizen to accommodate U.S. government requests, which apparently is a break from the standards usually applied to U.S. approvals of foreign sales.
But I have an even more basic question about these conditions. The administration leaked word of the side deal yesterday to help prove the Bush gang is on top of things. But don’t these conditions undermine the rest of the White House talking points? If the Dubai Ports World deal was a routine business arrangement that raised no national security concerns, as Scott McClellan insisted yesterday, why did the administration “obtain extra security commitments”?
In other words, the president personally argued this week that there’s no reason in the world we should hold a Middle Eastern company “to a different standard than a Great British company.” If that’s true, what was the motivation for the administration insisting on extra safeguards from the United Arab Emirates?