Trenton,
New Jersey – Acting on behalf of
Gov. Jon S. Corzine, Attorney General
Zulima V. Farber today filed suit in U.S.
District Court seeking to block a United
Arab Emirates company from managing operations
at a major facility in the Port of Newark
until the federal government undertakes
a full and required investigation of the
national security risks involved and turns
over all information regarding the approval
of Dubai Ports World to take over management
of the port facility.
Dubai
Ports World, which is owned by the UAE
of Dubai, was given permission by the
Bush administration’s Committee
on Foreign Investments in the United States,
to take over port operations after its
purchase of a British-based company that
now runs a facility at the Port of Newark.
The
suit seeks a full investigation of the
sale and seeks all information regarding
the sale and all security arrangements
that federal officials say were attached
to the sale. Until that information is
provided, state officials cannot assess
what steps are needed to fully protect
the security of New Jersey residents and
the port area. The suit says lack of such
information interferes with the state’s
sovereignty and the state’s homeland
security responsibilities.
Gov.
Corzine has a duty and responsibility
to address all potential threats to the
safety and well-being of the millions
of residents in the states. The information
sought is necessary to determine the extent
to which additional resources may be needed
to protect Port Newark, which is located
in an area the FBI has described as the
two most dangerous miles in the United
States in terms of homeland security vulnerabilities.
The area includes Newark Liberty International
Airport, Port Newark, Port Elizabeth,
commuter and freight rail lines and yards,
chemical plants and oil storage facilities.
“We
cannot tolerate any situation that heightens
our vulnerability particularly in an area
with chemical plants and other critical
vulnerabilities that has been described
as the most dangerous two miles in America,’’
Governor Corzine said. “Turning
port operations over to a company owned
by a country that recognized the Taliban
as a legitimate government goes beyond
the realm of common sense.’’
“The
Port of Newark is one of the largest and
most critical ports in our country,’’
Attorney General Farber said. “To
protect the port and to ensure that every
possible measure is taken to ensure the
safety of our people, we need to have
all relevant information. We need to know
the risks, threats, and vulnerabilities
associated with the sale of port operations
to Dubai Ports World. We cannot allow
this sale to go forward without having
that information.’’
The
suit, which was filed in U.S. District
Court in Trenton, names the Committee
on Foreign Investments in the United States
and committee members, including Treasury
Secretary Jon Snow, Secretary of State
Condoleezza Rice, Defense Secretary Donald
Rumsfeld, U.S. Attorney General Alberto
Gonzales, and Homeland Security Secretary
Michael Chertoff.
The
suit declares that the Committee on Foreign
Investments failed to conduct a full investigation
of the sale of Peninsular and Oriental
Steam Navigation (P & O) to Dubai
Ports World as required by statute, and
seeks the court to direct such an investigation.
In
addition, the suit states that New Jersey’s
ability to fulfill its obligation to ensure
adequate security at the Port of Newark
is endangered by not knowing the information
which was submitted to the Committee on
Foreign Investments by Dubai and not knowing
what assurances were made regarding security.
Responding to a potential terrorist attack
is a primary state and local responsibility.
The
failure to provide that information interferes
with the state’s sovereign rights
under the Tenth Amendment of the Constitution,
the suit declares.
The
complaint was prepared by Assistant Attorneys
General Patrick DeAlmeida and James H.
Martin, and Deputy Attorneys General Jean
Reilly and Melissa Raksa.
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view complaint html
I pdf
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