[Mb-civic] Port Deal To Have Broader Review - Washington Post

[William Swiggard]

Port Deal To Have Broader Review
Dubai Firm Sought U.S. Security Probe

By Jonathan Weisman
Washington Post Staff Writer
Monday, February 27, 2006; A01

The Bush administration said yesterday that it has accepted a proposal 
from a Dubai maritime company to conduct a 45-day review of the national 
security implications of the company's plans to take control of 
significant operations at six U.S. ports.

The announcement by Dubai Ports World, brokered by the White House and 
Senate Majority Leader Bill Frist (R-Tenn.), appears to satisfy the 
demands of many members of Congress, who had threatened to force a 
security review if the administration would not conduct one. The deal 
also offered pledges to reassure the United States that the ports deal 
would not pose any threats to American safety and security.

The administration had approved DP World's $6.85 billion purchase of 
London-based Peninsular and Oriental Steam Navigation Co. (P&O) earlier 
this month without conducting a security review, after a broad 
interagency panel that looked at the transaction concluded the takeover 
of port operations in the United States would not affect the nation's 
safety.

But last week, members of both political parties erupted in furor, 
questioning the administration's judgment and promising to delay the 
deal, if not scuttle it. After President Bush vowed to veto any 
legislation that would thwart the Dubai company's plans, the most public 
clash between the Republican Congress and the Bush White House seemed in 
the offing. But yesterday's announcement may have headed off any showdown.

"We recognize that there are concerns regarding DP World's acquisition 
of P&O's U.S. terminal operations. Despite having already obtained 
approval by the federal government, we continue to take voluntary steps 
to assure people that the security of the U.S. will not be harmed as a 
result of this acquisition," said Edward H. "Ted" Bilkey, DP World's 
chief operating officer.

White House spokesman Scott McClellan said: "We are pleased that Dubai 
Ports reached a middle ground with Congress. The transaction was closely 
scrutinized by the appropriate national security and intelligence 
officials, and important safeguards are in place. We believe, however, 
the additional time and investigation at the request of the company will 
provide Congress with a better understanding of the facts, and that 
Congress will be comfortable with the transaction moving forward once it 
does."

Eric Ueland, Frist's chief of staff, said yesterday that the Senate 
majority leader would ask the relevant committees to continue oversight 
while the administration conducts its review, and he said the company 
will have to continue its efforts to reassure lawmakers.

But, he said, Frist and GOP leaders would not tamper with the secretive 
interagency administration panel, known as the Committee on Foreign 
Investment in the United States (CFIUS), during the review. The 
committee said yesterday in a statement that it welcomes the 
announcement and that it will "promptly initiate the review process and 
fulfill Dubai's request for a full investigation."

Sen. John W. Warner (R-Va.), who supports the deal, said on NBC's "Meet 
the Press" that the new agreement "spells out unequivocally the 
willingness of this company to give every means of support to help work 
this thing out."

Warner called the ports deal diplomatically and economically vital to 
the United States. "This is going to establish a precedent, and it's got 
to be done in a way not to choke off other opportunities," he said.

Lawmakers who had threatened to block or delay the deal welcomed a 
longer investigation. Rep. Peter T. King (R-N.Y.) said the new proposal 
probably would quell calls for emergency legislation in Congress this 
week. He said a deeper investigation is necessary of a United Arab 
Emirates-owned company operating U.S. ports.

"This was only 4 1/2 , five years ago that they were very close to bin 
Laden, they were supporting Taliban," King, who heads the House Homeland 
Security Committee, said on "Meet the Press." "And unless there's been a 
complete transformation, I have real concerns."

Sen. Charles E. Schumer (D-N.Y.), another critic of the deal, agreed 
that the delay would forestall immediate action in Congress but 
emphasized that transparency is vital in the new investigation. "If, 
after the 45-day investigation, it's kept secret, it's given to the 
president, who after all has come out for this deal already, I don't 
think that's going to assure the American people," he said on CBS's 
"Face the Nation."

Under the terms of the deal announced by DP World, the company would 
proceed with its takeover of P&O. That deal is to be completed Thursday.

But DP World said it would "guarantee" the independence of operations at 
the ports of New York, New Jersey, Philadelphia, Baltimore, Miami and 
New Orleans by establishing North American operations as a "completely 
separate" business unit. Management of the North American operations 
would be left in the hands of P&O's chief executive in London, who is 
British. The chief security officer of the North American unit would 
still be a U.S. citizen, unless the Coast Guard approves a change.

The rest of the current management of P&O in the United States also 
would remain in place, and DP World pledged not to interfere with 
operations, policies, procedures or security that was in place when P&O 
ran the U.S. terminals.

The statement concluded that all these pledges would remain in place 
until May 1 or the completion of the CFIUS review.

"We are confident the further review by CFIUS will confirm that DP 
World's acquisition of P&O's U.S. operations does not pose any threat to 
Americans' safety and security. We hope that voluntarily agreeing to 
further scrutiny demonstrates our commitment to our long-standing 
relationship with the United States," Bilkey said.

The deal was worked out over a series of meetings Friday among Frist, 
Bilkey, DP World lawyers, Cabinet secretaries and White House officials. 
Late Friday, Frist recommended to the government of the United Arab 
Emirates and to House Speaker J. Dennis Hastert (R-Ill.) that DP World 
request a security review and more clearly spell out how it intended to 
separate its U.S. operations from port management around the world.

DP World executives and their lawyers worked through the agreement all 
day Saturday, while GOP leaders in Congress and White House officials 
focused on the next political steps. Ueland said Frist is pleased with 
yesterday's company statement, indicating it comported with his 
expectations.

http://www.washingtonpost.com/wp-dyn/content/article/2006/02/26/AR2006022600737.html?referrer=email
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