Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: detective; ZULU; Carl Vehse

I’ve been associated with “gunrunning” for decades and I can say clearly and without contradiction, the administration is, if not lying, criminally deceiving the American people. . .and Congress, since Congress approves all sales and assistance activities.

Our Security Assistance (Foreign Military Sales) regulations protect the US and the Terms and Conditions of the contract (Letter of Offer and Acceptance - LOA). We inked the weapons deal with the Shah and the “revolution” invalidated the LOA, and in accordance with Terms and Contions of the LOA, we do NOT owe then the bucks, we do not owe them the items they bought, and AND some international court somewhere can’t rule against our contract.

Please read carefully:

Most info comes from here: http://www.samm.dsca.mil/figure/figure-c5f4.

Regarding the issue of Obama saying we are paying back funds we owe, there are well defined FMS terms and conditions for the sale and delivery of military equipment.

In the contract (LOA), standard terms and conditions make clear—if the the customer country acts against US interests, thereby violating terms and conditions of the LOA, the US to legally empowered suspend delivery of the item(s) AND the US keeps the money.

For example, look at Pakistan F-16s. Pakistan paid for F-16s but violated the terms and conditions of the LOA by pursuing a nuclear program, therefore the F-16’s were not delivered and the US kept the funds.

Iran violated the contract by deposing the Shah and the items were legally not delivered and the US legally kept the money.

This is standard practice in FMS.

Why doesn’t someone tell the media this: Iran violated the LOA and the US acted legally in accordance with the Terms and Conditions.

Chapter 5: “C5.4.7. Additional LOA Information.

C5.4.7.1. Standard Terms and Conditions and LOA Information. Standard Terms and Conditions (Figure C5.F4.) are an official part of each LOA, whether or not they are attached to a particular copy.

The Standard Terms and Conditions that are in effect at the time the LOA is prepared and signed are the conditions that apply throughout the life of the FMS case.

Terms and Conditions - United States Government (USG) Obligations

1.5. Under unusual and compelling circumstances, when the national interest of the U.S. requires, the USG RESERVES THE RIGHT TO CANCEL OR SUSPEND ALL OR PART OF THIS LOA at any time prior to the delivery of defense articles or performance of defense services. The USG shall be responsible for termination costs of its suppliers resulting from cancellation or suspension under this section [the USG gets funds from the customer for these cocts].

http://www.samm.dsca.mil/figure/figure-c5f4 [Termination costs are significant and we are not being told of the termination costs.

People should be asking where that $400M number came from—and hoe much was termination costs?

4.2. The USG will refund any payments received for this LOA which prove to be in excess of the FINAL TOTAL COST delivery and performance and which are not required to cover arrearages on other LOAs of the Purchaser [this means the US may refund funds in excess of the total cost of the LOA and may keep funds because the customer country violated the contract and the USG keeps termination liability funds]

4.4.5. If Terms of Sale specify payment by “Dependable Undertaking,” to pay to the USG such amounts at such times as may be specified by the USG (including initial deposit) in order to meet payments required by contracts under which items are being procured, and any damages and costs that may accrue from termination of contracts by the USG because of Purchaser’s cancellation of this LOA. [This includes violating the LOA, and such violations invalidate the contract]

Reference legal action (below): The $400M funds were part of a FMS sale, that we know and they admit. In the LOA, LEGAL DISPUTES ARE NOT ADJUDICATED BY ANY THIRD PARTY. Period.

“7. Dispute Resolution

7.1. This LOA is subject to U.S. law and regulation, including U.S. procurement law.

7.2. The USG and the Purchaser agree to resolve any disagreement regarding this LOA by consultations between the USG and the Purchaser and NOT REFERE ANY SUCH DISAGREEMENT TO ANY INTERNATIONAL TRIBUNAL OR THIRD PARTY FOR SETTLEMENT.

So much for obummers claim we are going to lose the case in some court, somewhere.

As you can see from the above, contrary to Obama saying so—there is no legitimate legal threat from some third-party or international court, and the US acted legally to keep the funds because they violated the Terms and Condtiions of the LOA.

There is much information missing regarding the $400M. . .if the republicans could find someone that can bring up the above details in a simple way, perhaps Obama (Hillary) can be forced to admit it was ransom—like it clearly was.
I can hope.


18 posted on 08/09/2016 1:11:17 PM PDT by Hulka
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Hulka

Calvinball. Big time Calvinball, in order to fig-leaf a ransom.


24 posted on 08/09/2016 1:18:13 PM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
[ Post Reply | Private Reply | To 18 | View Replies ]

To: Hulka; SJackson

Well, Obola was not happy about $400,000,000.00 in small bills and gold and jewelry to the Iranians,
but that was all he could get hold of in two weeks.

(He was trying to hold out longer so he could pay them 800 million in ransom.)


29 posted on 08/09/2016 1:26:34 PM PDT by Robert A Cook PE (I can only donate monthly, but socialists' ABBCNNBCBS continue to lie every day!)
[ Post Reply | Private Reply | To 18 | View Replies ]

To: Hulka

“there is no legitimate legal threat from some third-party or international court”

Even without the explicit statement in the contract, there is NEVER any threat from an outside court against the US government, because someone backing that court would need to defeat us in a war in order to try to enforce any such judgements. Unless that happens, we’re a sovereign nation that doesn’t recognize any higher outside legal authority. Even if we signed a treaty that said otherwise, such treaty would be automatically invalid since it contradicts the Constitution.


31 posted on 08/09/2016 1:30:27 PM PDT by Boogieman
[ Post Reply | Private Reply | To 18 | View Replies ]

To: Hulka

There were several freepers here a few days ago satisfied with Big Media’s claim that “we owed them the money”.

Kind of reminded me of all the Hussein Heads who said to anyone complaining about the Fraud’s previous payment of tribute to Iran, “Do you want us to go to WAR with Iran?!”

Like it was an appropriate conclusion that if we didn’t pay Iran a 100 billion dollars, we would HAVE to go to war with them.

Disgusting worshippers of the racist bigot in the white mosque.


32 posted on 08/09/2016 1:30:30 PM PDT by treetopsandroofs (Had FDR been GOP, there would have been no World Wars, just "The Great War" and "Roosevelt's Wars".)
[ Post Reply | Private Reply | To 18 | View Replies ]

To: Hulka
"I can say clearly and without contradiction, the administration is, if not lying, criminally deceiving the American people. . .and Congress"

The Traitorobama kakistocracy is lying and traitorously (with the complicity of the fifth-column media) deceiving the American people.

But Congress is aware of all the information you provided. Yet they will do nothing because every congressman betrayed their oath of office and are traitors to the United States of America. Not one has upheld his sworn responsibility to defend the Constitution of the United States and demanded a bill of impeachment against Traitorobama.

35 posted on 08/09/2016 1:40:54 PM PDT by Carl Vehse
[ Post Reply | Private Reply | To 18 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson