Displaced (10 page)

“You’ll raise my concerns, I’m not even sure
what my concerns are,” Alex mumbled to himself. “Okay, okay,” he
said, resolving himself to going forward, “is there anything
else?”

“Well I suppose you saw the responses from
Saxon Mineral to our requests for information.”

“Yeah, I did, not exactly eye opening.”

Horst flipped through the binder to the two
letters from Saxon Mineral received about a month apart. The first
letter had been more responsive than the second, Saxon Mineral had
at least taken the opportunity to respond to the question asked.
The letter read like a propaganda piece for the Eastern Congo.

“In response to your enquiries regarding
meetings between Saxon Mineral and various officials of the DRC, we
would report as follows:

“In the meeting with Mr. Negenye, SM outlined
its plans to commence exploration activities and its concerns
regarding the security of its personnel and assets in the region.
Mr. Negenye welcomed the news of SM’s proposed exploration program.
With respect to the security situation, he set out the UN’s plans
for the deployment of its forces in the Bunia area and also
referred to the government’s plans for the deployment of police in
the province and the establishment of a judicial court. He welcomed
SM’s offer of logistical support in the area and requested the
company’s representatives to maintain close contact with the UN
mission.

“The meeting with Mr. Bembe also focused on
the exploration program and SM’s security concerns. Mr. Bembe
assured the company that it was his view that the Ituri province
was now safe and gave the assurance that the government would
ensure that this continued and urged the company to continue with
its exploration program in the region.

“At the meeting with Mr. Bembe, he expressed
his view that SM’s decision to revive its activities in the area
was positive news for the country and augured well for peace in the
region.

“There were no written responses to any of
the queries raised by the parties to these meetings.”

“Yours sincerely, John Clarke, Public
Affairs, Saxon Mineral”

Contrasted to the second response, this
letter was effusive in its response to the Court’s request for
information. It acknowledged meeting with Bembe in his official
status as vice president. By comparison, the company’s response to
the Court’s second request was defensive and didactic. Horst didn’t
know what happened in the intervening six weeks between letters,
but Saxon Mineral reconsidered its approach or reviewed its
liability to require a more aggressive reply.

“I refer to your recent letter regarding
Saxon Mineral’s business partners and business practices in the
Democratic Republic of Congo. Saxon Mineral is subject to the
Foreign Corrupt Practices Act and the Precious Metal Control Act as
well as national and international prohibitions. We do not engage
in business with criminal organizations or terrorist groups nor
engage in transactions used to finance criminal or terrorist
activities.

“We also have a duty to clarify specific
situations, the duty to obtain documentation and to record all
transactions and the obligation to declare suspicious transactions
to the money laundering authorities.

“You have asked whether we could provide you
with information on our business partners and suppliers. I am sure
that you will appreciate that disclosing information on our
partners and certain transactions would be contrary to the
confidentiality obligations imposed on us unless we seek and obtain
prior approval from our principals. As much as we want to cooperate
with the work of the Court, that cooperation is proscribed by
national law.”

“Yours sincerely, Chris Shedd, Public
Affairs”

Maybe Mr. Clarke had since been replaced
thought Horst and that accounted for the change in tone. “I thought
the second letter was more defensive, more legalistic,” he remarked
to Alex. “It’s over the top, they’re protesting too much. In the
first letter at least they admitted to talking with Bembe.”

“They’re nervous, they’re afraid that Bembe
is going to become a liability for them. They’re covering their
asses. I think they’re worried that something might come out that
could cause problems under the foreign corrupt practices act,” Alex
said.

“And what about the reference that they’re
prohibited by law from cooperating, what’s that about?”

“It’s the usual legal bull shit. They’re
questioning our jurisdiction, it could be a veiled reference,
they’re an American company and America is not a party to the
treaty. Who knows what they’re thinking, but that’d be my
guess.”

“I thought the law was on our side.”

“The law is an ass my friend,” said Phil, a
bit more relaxed after his earlier catharsis.

“Well, where do we go from here? Do you want
me to pursue the matter with Saxon Mineral?”

“Let’s continue to pressure them if we can. I
know of nothing that would prevent them from cooperating. Maybe if
were a big enough pain in the ass, they’ll change their minds and
decide it’s easier to cooperate. They’re covering their asses,
their scared about something. I think they’re dirty but it’s beside
the point. I don’t want to get bogged down in accusations about
corruption, someone else can prosecute them for that. Let’s stay
focused on making our case.”

“Okay, so…..what’s the plan?”

“The plan, hmmm, you want a plan….,” he
tapped his mouth with his fingers. “Okay, here’s the plan. I want
you to pursue Saxon Mineral through other means. I want you to make
enquiries with people in Kinshasa, just general enquiries about
Saxon Mineral’s business activities. I want you to call people in
the government, let them know we’re interested in Saxon Mineral,
let them know if they didn’t already that Saxon Mineral is suspect.
Maybe it’ll threaten their bottom line. Maybe if we’re enough of a
nuisance they’ll decide that it would be easier to just cooperate
with us and make us go away.”

“So you want me generally to cast suspicion
on them?”

“Sure why not? They’re not doing us any
favors, throwing this legal bullshit at us, fuck em.”

“Right”

“I’ll also respond in writing. I’ll reply to
their legal arguments and let’s see where it gets us.” Alex was
already picking up his phone to make a call signaling that the
meeting was over. Horst and Julie both stood at the same time and
Horst felt the need to make concluding remarks. “Okay will do,” he
said as a way to finalize their arrangement. Alex looked at him
sideways and waived them out the door. He was back to being annoyed
and directed his attention elsewhere.

****

The dedicated hearing room for the Senate
Foreign Affairs Committee was small and dark with an art deco feel.
Paneled wood walls surrounded a dais shaped in the form of a “u”
which was elevated and looked down on the witness table in front of
it. Jennifer sat to one side on the bench behind the dais where the
Senators sat, that lined the walls at one end of the room and that
was reserved for staff. A representative from the State Department,
the assistant secretary for overseas aid, together with an official
from the U.S. Agency for International Aid were testifying in favor
of reducing the amount of food and grain aid to poor countries in
favor of direct money contributions. Her Senator had asked a few
questions and then left having fulfilled an obligation to which he
devoted minimal interest. Constituents paid little attention to
foreign affairs that didn’t involve the troops, and the committee
assignment presented few opportunities to send money to the state.
As far as he was concerned, the foreign affairs committee was the
short straw of committee assignments. The other senators, however,
were taking greater interest and subjected the panelists to a
number of questions. The Senator from Kansas was particularly
concerned about the issue at hand. How, he wanted to know, could
the government expect that financial contributions would be used
responsibly by some of the most corrupt governments, and wouldn’t
the people in these countries expect to benefit most from direct
food aid. The witnesses seated at the table responded with
assurances of financial controls and pointed out that food aid was
a commodity like any other that could be appropriated and used to
divide populations. But their arguments would ultimately be of no
avail, in the competition between bureaucrats and vested interests
the bureaucrats were severely outgunned. Jennifer watched and took
notes with the interest of someone who knew the outcome of the
competition in advance. The only spectacle remained in how the two
sides would comport themselves on stage. There was little chance of
actual change that resulted in the reduced purchase of US grain for
export.

After the hearing concluded, she stopped by
the offices for the Foreign Affairs Committee to show her face. She
hadn’t seen Bill Douglas the Senator’s Committee staff person for a
while and wanted to say “hello.” Bill was familiar to her like an
uncle with white hair and the unfortunate dandruff on the shoulders
of his suit coat. He was a part of the Senate, with at least twenty
years in, and he wouldn’t be leaving without a pension. Friendly
and long winded, Jennifer relied on him for his institutional
knowledge and for this she gladly endured long accounts of growing
up in rural Maryland. He would talk at length in detail and then
catch himself for providing “more information than you probably
wanted to know.”

He greeted her at the door to his office. “Hi
Jennifer come in, come in.”

“Hey Bill, how ya doin?”

“Good, good, how about yourself?”

“Good thanks.”

“The State Department really missed a chance
out there.”

“Oh yeah, how so?”

“Senator Stevens, he was trying to get them
to say that the new policy to North Korea might include the
resumption of grain deliveries and more grain purchases. But I
don’t think they got it, that’s why he kept asking about food
assistance to Korea.”

“Oh yeah”

“It was a missed opportunity, the issue is a
minor point, but it could have firmed up support for the bill.”

“Wow, I missed that.”

“Well, it wasn’t a major point, but I don’t
think Senator Stevens missed it.” Bill had a knack for discerning
ulterior motives and parsing testimony for hidden agendas. He could
tell where AIPAC would be on any vote and he understood the
domestic interests of each senator in foreign affairs issues.

“So what can I do for you?”

“Oh not much, I just thought I’d stop by to
say hello.”

“I ran the language for the Senator’s
amendment by Tom in the office here, he doesn’t think it’ll be a
problem. In fact, he actually liked the idea.”

“Okay, good deal, well…” but before she could
excuse herself, Bill had taken up his weekend plans. He was going
to his house in deep creek lake and was looking forward to doing
some fishing and some repair work and this would go on for another
fifteen minutes. When Jennifer got back to her office it was after
lunch and Jay the intern was instant messaging from her
computer.

“Did I miss anything?” she asked standing in
the doorway waiting for Jay to give her back her seat.

“Oh hey – I didn’t see you there.”

“Sorry, I didn’t mean to interrupt. I can see
you’re hard at work.”

“Well yeah,” he said typing out his last
message before logging out. “Itchy and scratchy have been at it
again, but otherwise I don’t think you missed much.” Itchy and
Scratchy, two interns also law students nicknamed by Jay for their
general obnoxiousness. As law students they seemed to feel
entitled, and often engaged in intense ideological discussions in
the office. Watching them made Jennifer cringe and hope that she
was never that annoying.

“Uh Jay – do you mind?”

“Okay, okay, I’m leaving.”

“Gee, I’m sorry to have to kick you out of my
desk, but it is my desk.”

“You don’t seem too sorry.”

“See you later Jay.”

“Right, I get it, here’s you hat what’s your
hurry.”

She watched Jay walk out, not sure if he had
an assignment or was even interested in one. She would have to
become more disciplined in her dealings with the interns, she
thought, and sat down and checked her voice mail and accessed her
office email account. Scrolling down she stopped herself. Among the
easily recognizable subject lines for meeting notices, draft
reviews and office happy hour announcements, one title caught her
attention. At first she couldn’t place it. “Subject: AAMI Draft
Committee Report Language.” Her memory kicked in and she recalled
the meeting from a week ago and was filled with a feeling of dread.
Reluctantly, she opened the message and read.

“Dear Jennifer,” it began.

“Thank you again for taking the time to meet
with me and my associate. I enjoyed talking with you. I am well
aware that the Foreign Affairs Reform and Restructuring Act is
currently proceeding through the committee process. As we
discussed, we have language for your consideration to be included
in the committee report. We believe this language is consistent
with the principles of the American Service-Members Protection Act
– to assert basic notions of sovereignty and afford some protection
to United States individuals and organizations from the
jurisdiction of an extraterritorial court unaccountable to and not
formally recognized by the United States Government. This language
will provide some clarity about the status of our members relative
to the court, while not prohibiting cooperation with the court.

“Thank you again for your kind consideration
in this matter. Please feel free to contact me with any questions.
We look forward to hearing back from you at your earliest
convenience.”

“Sincerely, Edward Talbot”

Jennifer clicked on the attachment to the
message containing the proposed language.