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150 SHADOW FORCE
provision in the FY 2005 Defense Authorization Act. The 33-page document clar-
ifies the legal status of civilians hired to support those forces in a contingency.55
The new instruction also explains when contractors can carry weapons in areas
where U.S. troops operate for example, in Iraq, where armed contractors have
been operating for years without clear regulatory guidance. The regulation ties
together nearly 60 Pentagon directives and Joint Staff doctrinal statements that
relate to the role of contractors on the battlefield.
From the viewpoint of the PMC industry and firms such as Blackwater and
Triple Canopy, the new regulation is important because it establishes detailed cri-
teria for civilian contractors to carry weapons, which are to be used only in self-
defense. It also sets forth detailed procedures for arming contingency contractor
personnel for security services.
However, the key question now is how it will be implemented. Companies
that contract with the Pentagon are required to follow a set of rules known as
the Defense Federal Acquisition Regulation Supplement (DFARS).56 DFARS
governs all aspects of contract enforcement, from accounting procedures to use
of government property, and contains a section on Contractor Standards of
Conduct covering proper behavior and a hotline for reporting improper con-
duct. Reportedly a number of DFARS rules were being modified to reflect the
guidance in the new instruction. But it may be too difficult to retroactively
implement all the rules and regulations spelled out in the policy to cover the con-
tracts in effect in Iraq.
For regulation on the British front, the British Association of Private
Security Companies (BAPSC) was formed by leading members of the private
security industry to promote, enhance, and regulate the interests and activities
of UK-based firms and companies that provide armed security services in coun-
tries outside the United Kingdom. The BAPSC is not as well known as its
American equivalent, the International Peace Operations Association (IPOA),
because it was launched only in February 2006, but given that British PSCs are
second only to those headquartered in the United States in terms of overall
numbers and worldwide presence, it will likely have significant influence. Fur-
thermore, as the British government is more enthusiastic about transparency
than the U.S. government, BAPSC, by virtue of its stated goal of working
toward the promotion of transparent relations with UK government depart-
ments and international organisations, may therefore be able to influence
contractor client relations to a greater degree.
Aside from the already mentioned CPA Order 17 and Memo 17, various rules
and orders have been regulating PMCs in Iraq:
" A CPA Public Notice issued June 26, 2003, laid out the status of contrac-
tor personnel.
" CPA Order No. 3 on Weapons Control stated, Private security firms may
be licensed by the Ministry of Interior to possess and use licensed
CONTROL AND ACCOUNTABILITY ISSUES 151
Firearms and Military Weapons, excluding Special Category Weapons, in
the course of their duties, including in public places. 57
" CPA Memorandum 5, which implemented CPA Weapons Control Order
No. 3, established a Weapons Authorization Program whereby individuals
who can demonstrate a necessity to carry weapons may apply for tempo-
rary weapons authorization cards (TWC).58
SMALL ARMS: USE, TRANSPORT, AND PURCHASE OF ARMS
The arming of PMCs also raises a number of accountability, small-arms non-
proliferation, and safety concerns. In Iraq, CPA rules restricted the weapons
PMCs may use to small arms with ammunition as large as 7.62mm and to some
other defensive weapons. However, some PMCs guarding foreign contractors and
sensitive installations demanded the right to carry more powerful weapons. U.S.
Army regulations allow contractors performing combat support services to carry
weapons when required by their combatant commander.
It is not well appreciated that PMCs, at least in Iraq, are not the source of a
significant amount of small arms and light weapons. They don t import many
weapons into Iraq. Of course, companies do obtain fully automatic weapons, but
they buy them in country, often, if not usually, on the street. Whatever they have
they are required to register.
The previously mentioned DoD Directive 3020.41, Contractor Personnel
Authorized to Accompany the U.S. Armed Forces, has various provisions con-
cerning small arms:
4.4.1. Subject to the approval of the geographic Combatant Commander, contingency
contractor personnel may be armed for individual self-defense.
4.4.2. Contracts for security services shall be used cautiously in contingency operations
where major combat operations are ongoing or imminent. Authority and armament of
contractors providing private security services will be set forth in their contracts.
6.2.7.8. Weapons. Contingency contractor personnel will not be authorized to possess
or carry personally owned firearms or ammunition or be armed during contingency
operations except as provided under subparagraphs 6.3.4. or 6.3.5.
6.3.4. Force Protection and Weapons Issuance
. . . .
However, it may be necessary for contingency contractor personnel to be armed for
individual self-defense. Procedures for arming for individual self-defense are
addressed below:
6.3.4.1. According to applicable U.S., HN, and international law, relevant SOFAs or
international agreements, or other arrangements with local HN authorities, on a
case-by-case basis when military force protection and legitimate civil authority are
152 SHADOW FORCE
deemed unavailable or insufficient, the geographic Combatant Commander (or a
designee no lower than the general or flag officer level) may authorize contingency
contractor personnel to be armed for individual self-defense. In such a case the
Government shall provide or ensure weapons familiarization, qualifications, and
briefings on the rules regarding the use of force to the contingency contractor per-
sonnel. Acceptance of weapons by contractor personnel shall be voluntary and per-
mitted by the defense contractor and the contract. These personnel must not be
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