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Iraqi leaders agree on draft oil law
International | 2007/01/18 05:18
Iraqi officials have agreed a final draft of a law that sets rules for sharing Iraq’s oil wealth and aims to bring in billions of dollars of foreign investment to rebuild the mainstay of the economy.

But crucially, international oil firms waiting for access to the world’s third biggest oil reserves will find little detail in the draft about the form future deals will take. They are likely to hold off major commitments until there is clarity. The draft calls for a federal committee headed by the prime minister to oversee future contracts and review deals signed under Saddam Hussein or by the Kurdish regional government, oil ministry spokesman Asim Jihad said.

Passing an oil law to help settle potentially explosive disputes among Iraq’s ethnic and sectarian communities over the division of oil reserves has been a key demand of the United States in providing further military support to the government.

Iraq’s Oil Committee of senior national and regional leaders has been drawing and redrawing the document for months and missed its own deadline of finalising it by the end of 2006.

The Oil Committee, headed by Deputy Prime Minister Barham Salih, will send the draft to cabinet next week for approval. After that it will go to parliament. Officials hope that the broad base of the negotiating team means it will pass easily. The final draft was in line with earlier versions described last month after a previous round of talks.

A national oil company will be set up to develop production and exports and the law is intended to ensure development of the oil industry across Iraq’s regions, Jihad said. It establishes a mechanism for centralising oil revenues and distributing them to the regions. Jihad refused to say who will negotiate with the international firms but explained a federal council will have the final word on approving the contracts.

The division of oil is a key factor in communal tensions in Iraq. The southern oil fields around Basra lie in territory controlled by competing factions of the dominant Shi’ite Islamist political forces, The northern fields lie on the edge of Iraqi Kurdistan around the city of Kirkuk. Kurds want to annexe the city as their regional capital. The Sunni minority is concentrated in Baghdad and regions immediately to the north and west where there are few known hydrocarbon reserves.



Bush urged Congress to pass the Nondiscrimination Act
Breaking Legal News | 2007/01/18 04:57

President Bush Wednesday urged Congress to pass the Genetic Information Nondiscrimination Act of 2007, promoting genetic testing for disease by making genetic discrimination illegal. In a speech at the National Institutes of Health, Bush said "If a person is willing to share his or her genetic information, it is important that that information not be exploited in improper ways - and Congress can pass good legislation to prevent that from happening. In other words, we want medical research to go forward without an individual fearing of personal discrimination."

Genetic nondiscrimination legislation was passed unanimously by the Senate in 2003 but failed in the House of Representatives. Representative Louise Slaughter (D-NY) reintroduced the latest bill this week. If passed, it will establish "a national and uniform basic standard is necessary to fully protect the public from discrimination and allay their concerns about the potential for discrimination, thereby allowing individuals to take advantage of genetic testing , technologies, research, and new therapies."



USA, Peru Free Trade Pact needs 'adjustments'
World Business News | 2007/01/18 02:42
The government of the United States must separately renegotiate specific labor clauses in Trade Promotion Agreements with Colombia and Peru before they can be sent to U.S. Congress for approval.

“It is clear that some substantive adjustments to that chapter are needed before Congress takes it”, Deputy U.S. Trade Representative John Veroneau told journalists. The majority of Democrats have always insisted that the agreements to include what they call ''core International Labor Organization standards'' in the texts themselves and since the Democrats took over the majority in Congress and the House in the recent Midterm elections, the current text virtually stands no chance for ratification.

Veroneau said he hopes that "a new model" can be formulated during the next months so that Congress may then agree to the pacts by mid 2007. He said that the governments of Peru, Colombia, and also Panama, have been informed that “substantial adjustments" are necessary.

However, later on, Gretchen Hamel, spokeswoman for Veroneau's office, emitted an official note in which she explained that those adjustments could be made through "some binding instrument and it is not necessary to reopen the text of the agreement''.

Obviously the Bush administration wasn't too pleased with Veroneau's statements, particularly the word "renegotiate" sounded too dramatic within that context. Diplomatic sources indicated that Peru is arranged "to clarify" the labor subjects in some sort of side agreement or add-on to the PTPA, but not to renegotiate the deal by itself.

In Lima, the general coordinator of the PTPA with the U.S.,  Eduardo Ferreyos, said that a revision of the labor subject could be made via an attached document but not by means of a renegotiation because it would imply to start negotiations from scratch.


Terror watch list to be culled: TSA official
Law Center | 2007/01/18 01:52

The "no-fly" terrorist watch list now used by the Transportation Security Administration (TSA) is being redrafted and will likely be cut in half, according to testimony given by TSA Administrator Kip Hawley during a Thursday Senate Commerce Committee  hearing. Hawley said that "To assure the accuracy of the No-Fly list itself, we will shortly conclude a case by case review of every name on the No-Fly list" and that the TSA Secure Flight Program, scheduled to come into effect in 2008, will replace current watch list efforts. The Secure Flight Program will transfer the responsibility of checking passenger information against the watch list from the aircraft operator to the TSA itself. Hawley also testified that a 100 percent requirement for physically inspecting all air cargo, as recommended by the 9/11 Commission and passed by the House of Representatives last week, may not be as effective as other security measures.

In October, the Governmental Accountability Office (GAO) reported that erroneous terrorism watch lists slow travel, and a July study by the Department of Homeland Security suggested that the watch list system was inefficient. The US Department of Justice reported last year that the list was missing some names, was based on incomplete and inaccurate information, and mischaracterized the danger posed by nearly 32,000 suspects who are not designated as targets of significant security action.



Bush backing off no-warrant spying
Politics | 2007/01/17 22:35



The Bush administration changed course and agreed Wednesday to let a secret but independent panel of federal judges oversee the government's controversial domestic spying program.

Officials say the secret court has already approved at least one request for monitoring.

The shift will probably end a court fight over whether the warrantless surveillance program was legal.

The program, which was secretly authorized by President Bush shortly after 9/11, was disclosed a little more than a year ago, resulting in widespread criticism from lawmakers and civil libertarians questioning its legality.

The program allowed the National Security Agency – without approval from the Foreign Intelligence Surveillance Court – to monitor phone calls and e-mails between the U.S. and other countries when a link to terrorism is suspected.

In a letter to senators Wednesday, Attorney General Al Gonzales said "any electronic surveillance that was occurring as part of the Terrorist Surveillance Program will now be conducted subject to the approval of the Foreign Intelligence Surveillance Court."

Mr. Gonzales said Mr. Bush won't reauthorize the program once it expires.



Ohio Man Sentenced for Criminal Civil Rights Charges
Criminal Law | 2007/01/17 22:34

David Fredericy, of Cleveland, Ohio, was sentenced today to serve 33 months in federal prison for conspiring to commit and for committing hate crimes targeting African-American residents of Cleveland, and for making false statements to federal investigators. During the sentencing hearing, U.S. District Judge Patricia A. Gaughan stated that she wanted to send "a message loud and clear that this conduct will not be tolerated."

On October 26, 2006, Fredericy pleaded guilty to conspiring to interfere and interfering with the federally protected housing rights of an interracial family because of their race, and for making false statements to federal investigators. Another Cleveland resident, Joseph Kuzlik, pleaded guilty to the same charges on November 27, 2006, and is scheduled to be sentenced on February 21, 2007.

Fredericy and Kuzlik engaged in a series of acts intended to threaten and intimidate African-American residents in their neighborhood. Among other acts, the defendants placed toxic mercury on the porch of a family with children for the purpose of intimidating them because they were an interracial family. In order to keep their unlawful actions secret, both Fredericy and Kuzlik lied to federal investigators from the Environmental Protection Agency (EPA), the federal agency that was initially charged with cleaning up the mercury and investigating the incident. Fredericy was ordered to pay restitution to the U.S. EPA and the Ohio EPA for the cost of cleanup, and was also ordered to pay restitution of a to be determined amount to individual victims who suffered financial losses as a result of the offenses.

"Any vicious act of racism is deplorable," said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. "What these men did is despicable, and the Justice Department will continue to vigorously prosecute those who violate the federally protected civil rights of others."

"Today's sentence is a fitting conclusion to a joint effort by the FBI, the U.S. EPA, the Ohio EPA, and the Cleveland Police Department, and demonstrates the commitment of both state and federal law enforcement authorities to protecting every citizen's basic right to live in and enjoy his or her own home without fear of racial intimidation," said Gregory White, U.S. Attorney for the Northern District of Ohio.

The case was prosecuted by Assistant U.S. Attorney Ann C. Rowland and Trial Attorney Kristy L. Parker of the Civil Rights Division.



N.J. appeals court reinstates Vioxx lawsuit
Breaking Legal News | 2007/01/17 16:34

A New Jersey appeals court has revived a lawsuit that sought to force drugmaker Merck & Co. Inc. to fund a medical monitoring program for patients who took the painkiller Vioxx. The state appellate court ruled on Tuesday that N.J. Superior Court Judge Carol Higbee's decision to dismiss the lawsuit was premature and failed to give the plaintiffs the opportunity to prove legally accepted claims.
 
The appeals court said in a 26-page opinion that it was not expressing an opinion on the ultimate viability of the lawsuit. Plaintiffs in the case sought a court-administered medical screening program, funded by Merck (Charts), that would provide medical and diagnostic tests for each member of the class to detect potential heart problems arising from exposure to Vioxx.

"There is no medical science supporting the plaintiffs' position that they need to be monitored for cardiovascular conditions two years after Vioxx was voluntarily taken off the market," Merck attorney Ted Mayer said in an e-mailed statement.



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