Preserving "A Fair Chance For a Free People" - Karl E. Mundt

RESUME OF CRAIG S. BAMBERGER

3 May 2005

2002 - Present: Consultant on emergency preparedness and energy legal and policy matters, including:

  1. supporting the Working Group of the National Infrastructure Advisory Council, under a contract with SRA International, in their efforts to recommend a restructuring of private sector cooperation with government;
  2. assisting the Information Analysis and Infrastructure Protection Directorate of the Homeland Security
    • Department (DHS) with the implementation of the Homeland Security Information Network, pursuant to
      • a contract with SRA International;
    • providing legal support to the Protected Critical Infrastructure Information Program of DHS, under
    • contract to Computer Sciences Corp.;
  3. assisting DHS with implementation of the recently amended Defense Production Act, and working
    • with the Rand Corporation to design emergency preparedness exercises involving use of that Act, under contract to Booz Allen Hamilton;
  4. serving as legal counsel to the US Security Working Group of the US/Canada Power System
    • Outage Task Force, under contract to Computer Sciences Corp;
  5. writing a supplement to the 1993 History of the International Energy Agency covering its
    • activities over the subsequent decade; and
  6. providing legal support to an energy investment arbitration under the Energy Charter Treaty by
    • a Swedish electricity company against the Latvian Government.

1991-2001: General Counsel, International Energy Agency (IEA), Paris, France. Performed a broad range of legal services, including:

  • -treaty interpretation and advice on questions of international law and international organization
  • practice;
  • -drafting or interpretation of some 40 multilateral R&D agreements sponsored by the Agency;
  • -leading accession negotiations with candidates for membership (Czech Republic, Hungary,
  • Mexico, South Korea);
  • -preparation of decisions for and documentation of decisions by the Agency's 26 member
  • country Governing Board;
  • -general legal support (contracts, grants, intellectual property, arbitration, personnel issues, etc).

Provided legal support for the Agency's emergency preparedness programs. This included advising on the treaty basis for and the decisional implementation of oil sharing and coordinated stockdraw programs, preparing contingency plans for potential oil supply disruptions such as Y2K, liaising with the Agency's Industry Advisory Board, assuring continuation of antitrust protection for participating oil companies, and taking part in numerous oil emergency simulation exercises.

Chaired, in 1992-1994, a legal advisory committee comprised of about 20 international lawyers, which assisted the 50 country Energy Charter Conference during negotiation of the Energy Charter Treaty, now in force in most countries of Europe and Central Asia. This is an unique sectoral treaty, aimed at establishing market economy principles in Eastern Europe and dealing broadly with such subjects as investment, trade, the transit of goods, access to capital markets, the environment, antitrust coordination between jurisdictions, and state-state and investor-state arbitration.

1980-1991: Assistant General Counsel, US Department of Energy (DOE). Q-Sensitive clearance (top secret plus atomic energy). Functioned as the principal DOE legal adviser on energy emergency preparedness and response issues and on many international energy matters. Responsibilities included advising on extraordinary legal authorities such as the Defense Production Act and the International Emergency Economic Powers Act and serving as counsel to the Department's Continuity of Government (COG) team, while also continuing to supervise the legal work for creation and operation of the Strategic Petroleum Reserve (SPR -- see below).

Activities included:

  • -advising the Secretarial officers on extraordinary authorities available to them during the
  • 1990-1991 Gulf Crisis, and preparing contingency plans based on those authorities
  • for the restoration of oil facilities in Saudi Arabia;
  • -leading the antitrust monitoring team for the Voluntary Agreement governing the
  • participation of US oil companies in the IEA�s emergency preparedness programs, and
  • negotiating with the antitrust authorities and with the oil companies a Plan of Action
  • to convey antitrust protection to US oil companies that would assist in the allocation of oil
  • during an emergency;
  • -liaising with Congressional staffs to effect improvements in the Voluntary Agreeement
  • and other provisions of the Defense Production Act;
  • -developing procedures and regulations for drawdown of the SPR, and participating in its
  • actual drawdown during the Gulf Crisis;
  • -participating in numerous energy emergency preparedness exercises, including COG and other
  • exercises within the US Government, and the allocation system tests of the IEA;
  • -serving as the key legal adviser to negotiation of the energy provisions of the US-Canada Free- Trade Agreement and the NAFTA.

DOE work was recognized by a Presidential Meritorious Executive Rank Award and a Departmental Exceptional Service Award

1976-1980: Deputy Assistant General Counsel, Federal Energy Administration and then DOE. Came to Government in 1976 to hire and supervise a staff of about 12, undertaking all tasks necessary to create the SPR, which had recently been authorized by Congress, including land acquisition, environmental clearances and permits, construction contracting, service contracting, oil purchases, and preparations for emergency drawdown and distribution of SPR oil.

1966-1976: Private practice of law, as associate and then partner of Boston-Washington firm of Gadsby & Hannah, and then as a sole practitioner. Mixed corporate/federal practice. Considerable experience in international business transactions; in government contract negotiations, bid protests and contract disputes; in trial and appellate litigation and administrative proceedings; and in lobbying, monitoring the legislative process, reporting and providing analyses to clients, and other legislative work..

1962-1963: Management Intern, Office of the Secretary of Defense, at the Pentagon and with the US NATO Delegation in Paris. Top Secret clearance.

Education:

  • Attended public schools of Selma, Alabama.
  • BA (political science), U of Alabama, 1961; Phi Beta Kappa, various leadership honoraries, and
  • winner of more than 30 national debate tournaments.
  • MA in Foreign Affairs (economics), Fletcher School of Law & Diplomacy, 1962.
  • LLB, Harvard U Law School, 1966; Note Editor, Harvard International Law Journal; awarded honors
  • by Prof. Archibald Cox for thesis, "Standing to Challenge the Constitutionality of a Statute on its Face."

Personal details:

  • Age 65. Married, two children. US citizen.
  • Active member in good standing of the Bar of the District of Columbia.
  • Residence: 6425 Wiscasset Road
  • Bethesda, Maryland 20816
  • Phone: 301-263-0043
  • Email: bams3@verizon.net

Publications, speeches, misc.

Supplement to the 1993 History of the International Energy Agency published April 2004. Publications and speeches on the Energy Charter Treaty, the US-Canada Free-Trade Agreement, US legal authorities with respect to energy, and other topics; e.g., contributed the opening and closing chapters of Walde (ed.), The Energy Charter Treaty: An East-West Gateway for Investment and Trade (Kluwer Law International, 1996) and co-authored a chapter for Oxford U Press' 2001 book, Energy Law in Europe. Member of Editorial Board, Journal of Energy & Natural Resources Law (International Bar Association). Honorary Fellow, Centre for Petroleum & Mineral Law & Policy, U of Dundee, Scotland.

More items are available. Please contact the Archives.
SD State Seal

© Karl E. Mundt Historical & Educational Foundation and Archives, All rights reserved. Karl Mundt Library and Learning Commons
Dakota State University
820 N. Washington, Madison, SD 57042
Phone: (605) 256-5203

DSU