Annex 3
COALITION PROVISIONAL AUTHORITY ORDER NUMBER
17 (REVISED) STATUS OF THE COALITION PROVISIONAL AUTHORITY, MNFIRAQ,
CERTAIN MISSIONS AND PERSONNEL IN IRAQ
Pursuant to my authority as head of the
Coalition Provisional Authority (CPA), and under the laws and
usages of war, and consistent with relevant UN Security Council
resolutions, including Resolutions 1483 (2003), 1511 (2003) and
1546 (2004),
Noting the adoption of a process and
a timetable for the drafting of an Iraqi constitution by elected
representatives of the Iraqi people in the Law of Administration
for the State of Iraq for the Transitional Period (TAL) on 8 March
2004,
Conscious that states are contributing
personnel, equipment and other resources, both directly and by
contract, to the Multinational Force (MNF) and to the reconstruction
effort in order to contribute to the security and stability that
will enable the relief, recovery and development of Iraq, as well
as the completion of the political process set out in the TAL,
Noting that many Foreign Liaison Missions
have been established in Iraq that after 30 June 2004 will become
Diplomatic and Consular Missions, as defined in the Vienna Conventions
on Diplomatic and Consular Relations of 1961 and 1963,
Recalling that there are fundamental
arrangements that have customarily been adopted to govern the
deployment of Multinational Forces in host nations,
Conscious of the need to clarify the
status of the CPA, the MNF, Foreign Liaison, Diplomatic and Consular
Missions and their Personnel, certain International Consultants,
and certain contractors in respect of the Government and the local
courts,
Recognizing the need to provide for the
circumstances that will pertain following 30 June 2004, and noting
the consultations with the incoming Iraqi Interim Government in
this regard and on this order,
I hereby promulgate the following:
Section 1
DEFINITIONS
(1) "Multinational Force" (MNF)
means the force authorized under UN Security Council Resolutions
1511 and 1546, and any subsequent relevant U.N. Security Council
resolutions.
(2) "MNF Personnel" means all
non-Iraqi military and civilian personnel (a) assigned to or under
the command of the Force Commander or MNF contingent commanders,
(b) subject to other command authority to aid, protect, complement
or sustain the Force Commander, or (c) employed by a Sending State
in support of or accompanying the MNF.
(3) "Force Commander" means the
Commander appointed to exercise unified command of the MNF, or
his or her designee.
(4) "CPA Personnel" means all
non-Iraqi civilian and military personnel assigned to, or under
the direction or control of, the Administrator of the CPA.
(5) "Sending State" means a State
providing personnel, International Consultants, services, equipment,
provisions, supplies, material, other goods or construction work
to: (a) the CPA, (b) the MNF, (c) international humanitarian or
reconstruction efforts, (d) Diplomatic or Consular Missions, or
(e) until 1 July 2004, Foreign Liaison Missions.
(6) "Foreign Liaison Missions"
means representative missions operated by States until 1July 2004.
(7) "Foreign Liaison Mission Personnel"
means those individuals who are authorized by the Iraqi Ministry
of Foreign Affairs to carry Foreign Liaison Mission personnel
identification cards until 1 July 2004.
(8) "Diplomatic and Consular Missions"
means those missions belonging to States with diplomatic or consular
relations with Iraq that are in operation on or after 30 June
2004.
(9) "Premises of the Missions"
means all premises, including the buildings or parts of buildings
and the land ancillary thereto, irrespective of ownership, used
for the purposes of Diplomatic and Consular Missions, including
residences of the heads of missions on or after 30 June 2004.
(10) "Iraqi legal process" means
any arrest, detention or legal proceedings in Iraqi courts or
other Iraqi bodies, whether criminal, civil, or administrative.
(11) "Contractors" means non-Iraqi
legal entities or individuals not normally resident in Iraq, including
their non-Iraqi employees and Subcontractors not normally resident
in Iraq, supplying goods or services in Iraq under a Contract.
(12) "Contract" means:
(a) a contract or grant agreement with the
CPA or any successor agreement thereto, or a contract or grant
agreement with a Sending State, to supply goods or services in
Iraq, where that supply is:
(i) to or on behalf of the MNF;
(ii) for humanitarian aid, reconstruction or
development projects approved and organized by the CPA or a Sending
State;
(iii) for the construction, reconstruction or
operation of Diplomatic and Consular Missions; or
(iv) until July 1, 2004, to or on behalf of Foreign
Liaison Missions; or
(b) a contract for security services provided
by Private Security Companies to Foreign Liaison Missions and
their Personnel, Diplomatic and Consular Missions and their personnel,
the MNF and its Personnel, International Consultants, or Contractors.
(13) "Subcontractors" means non-Iraqi
legal entities or individuals not normally resident in Iraq, including
their non-Iraqi employees, performing under contract with a Contractor
to supply goods or services in Iraq in furtherance of the Contractor's
Contract.
(14) "Private Security Companies"
means non-Iraqi legal entities or individuals not normally resident
in Iraq, including their non-Iraqi employees and Subcontractors
not normally resident in Iraq, that provide security services
to Foreign Liaison Missions and their Personnel, Diplomatic and
Consular Missions and their personnel, the MNF and its Personnel,
International Consultants and other Contractors.
(15) "Vehicles" means civilian
and military vehicles operated by or in support of MNF, the CPA,
Foreign Liaison Missions, International Consultants and, in the
course of their official and contractual activities, Contractors.
(16) "Vessels" means civilian
and military vessels operated by or in support of the MNF, the
CPA, Foreign Liaison Missions, International Consultants and,
in the course of their official and contractual activities, Contractors.
(17) "Aircraft" means civilian
and military aircraft operated by or in support of the MNF, the
CPA, Foreign Liaison Missions, International Consultants and,
in the course of their official and contractual activities, Contractors.
(18) "The Government" means the
Iraqi Interim Government from 30 June 2004, the Iraqi Transitional
Government upon its formation, and any successor government for
the duration of this Order, including instrumentalities, commissions,
judicial, investigative or administrative authorities, and regional,
provincial and local bodies.
(19) "International Consultants"
means all non-Iraqi personnel who are not CPA personnel and, after
30 June 2004, are not accredited to a Diplomatic or Consular Mission,
but are provided by Sending States as consultants to the Government
and are officially accepted by the Government.
Section 2
IRAQI LEGAL
PROCESS
(1) Unless provided otherwise herein, the
MNF, the CPA, Foreign Liaison Missions, their Personnel, property,
funds and assets, and all International Consultants shall be immune
from Iraqi legal process.
(2) All MNF, CPA and Foreign Liaison Mission
Personnel and International Consultants shall respect the Iraqi
laws relevant to those Personnel and Consultants in Iraq including
the Regulations, Orders, Memoranda and Public Notices issued by
the Administrator of the CPA.
(3) All MNF, CPA and Foreign Liaison Mission
Personnel, and International Consultants shall be subject to the
exclusive jurisdiction of their Sending States. They shall be
immune from any form of arrest or detention other than by persons
acting on behalf of their Sending States, except that nothing
in this provision shall prohibit MNF Personnel from preventing
acts of serious misconduct by the above-mentioned Personnel or
Consultants, or otherwise temporarily detaining any such Personnel
or Consultants who pose a risk of injury to themselves or others,
pending expeditious turnover to the appropriate authorities of
the Sending State. In all such circumstances, the appropriate
senior representative of the detained person's Sending State in
Iraq shall be notified immediately.
(4) The Sending States of MNF Personnel
shall have the right to exercise within Iraq any criminal and
disciplinary jurisdiction conferred on them by the law of that
Sending State over all persons subject to the military law of
that Sending State.
(5) The immunities set forth in this Section
for Foreign Liaison Missions, their Personnel, property, funds
and assets shall operate only with respect to acts or omissions
by them during the period of authority of the CPA ending on June
30, 2004.
Section 3
DIPLOMATIC AND
CONSULAR MISSIONS
All Premises of Diplomatic and Consular Missions
will be utilized by Diplomatic and Consular Missions without hindrance
and subject to the requirements of and receiving the protections
provided for in the Vienna Convention on Diplomatic Relations
of 1961 and the Vienna Convention on Consular Relations of 1963.
This Order does not prevent the Government and any State from
entering into other bilateral arrangements for existing or new
premises.
Section 4
CONTRACTORS
(1) Sending States may contract for any
services, equipment, provisions, supplies, material, other goods,
or construction work to be furnished or undertaken in Iraq without
restriction as to choice of supplier or Contractor. Such contracts
may be awarded in accordance with the Sending State's laws and
regulations.
(2) Contractors shall not be subject to
Iraqi laws or regulations in matters relating to the terms and
conditions of their Contracts, including licensing and registering
employees, businesses and corporations; provided, however, that
Contractors shall comply with such applicable licensing and registration
laws and regulations if engaging in business or transactions in
Iraq other than Contracts. Notwithstanding any provisions in this
Order, Private Security Companies and their employees operating
in Iraq must comply with all CPA Orders, Regulations, Memoranda,
and any implementing instructions or regulations governing the
existence and activities of Private Security Companies in Iraq,
including registration and licensing of weapons and firearms.
(3) Contractors shall be immune from Iraqi
legal process with respect to acts performed by them pursuant
to the terms and conditions of a Contract or any sub-contract
thereto. Nothing in this provision shall prohibit MNF Personnel
from preventing acts of serious misconduct by Contractors, or
otherwise temporarily detaining any Contractors who pose a risk
of injury to themselves or others, pending expeditious turnover
to the appropriate authorities of the Sending State. In all such
circumstances, the appropriate senior representative of the Contractor's
Sending State in Iraq shall be notified.
(4) Except as provided in this Order, all
Contractors shall respect relevant Iraqi laws, including the Regulations,
Orders, Memoranda and Public Notices issued by the Administrator
of the CPA.
(5) Certification by the Sending State that
its Contractor acted pursuant to the terms and conditions of the
Contract shall, in any Iraqi legal process, be conclusive evidence
of the facts so certified.
(6) With respect to a contract or grant
agreement with or on behalf of the CPA and with respect to any
successor agreement or agreements thereto, the Sending State shall
be the state of nationality of the individual or entity concerned,
notwithstanding Section 1(5) of this Order.
(7) These provisions are without prejudice
to the exercise of jurisdiction by the Sending State and the State
of nationality of a Contractor in accordance with applicable laws.
Section 5
WAIVER OF
LEGAL IMMUNITY
AND JURISDICTION
(1) Immunity from Iraqi legal process of
MNF, CPA and Foreign Liaison Mission Personnel, International
Consultants and Contractors is not for the benefit of the individuals
concerned and may be waived pursuant to this Section.
(2) Requests to waive immunity for MNF,
CPA and Foreign Liaison Mission Personnel and International Consultants
shall be referred to the respective Sending State. Such a waiver,
if granted, must be express and in writing to be effective.
(3) Requests to waive immunity for Contractors
shall be referred to the relevant Sending State in relation to
the act or acts for which waiver is sought. Such a waiver, if
granted, must be express and in writing to be effective.
Section 6
COMMUNICATIONS
(1) THE
MNF SHALL ENGAGE
IN RADIOCOMMUNICATIONS
IN ACCORDANCE
WITH THE
ANNEX HERETO
AND IS
AUTHORIZED, IN
COORDINATION WITH
THE GOVERNMENT,
TO USE
SUCH FACILITIES
AS MAY
BE REQUIRED
FOR THE
PERFORMANCE OF
ITS TASKS.
ISSUES WITH
RESPECT TO
COMMUNICATIONS SHALL
BE RESOLVED
PURSUANT TO
THIS ORDER
AND THE
ANNEX HERETO.
(2) SUBJECT
TO THE
PROVISIONS OF
PARAGRAPH (1) ABOVE:
(A) THE
MNF, DIPLOMATIC AND
CONSULAR MISSIONS
AND CONTRACTORS
MAY, IN
CONSULTATION WITH
THE GOVERNMENT,
INSTALL AND
OPERATE RADIOCOMMUNICATION
STATIONS (INCLUDING
TERRESTRIAL RADIO
AND TELEVISION
BROADCASTING STATIONS
AND SATELLITE
STATIONS) TO
DISSEMINATE INFORMATION
RELATING TO
THEIR MANDATES.
THE MNF, DIPLOMATIC
AND CONSULAR
MISSIONS AND
CONTRACTORS ALSO
MAY INSTALL
AND OPERATE
RADIOCOMMUNICATION TRANSMITTING
AND RECEIVING
STATIONS, INCLUDING
SATELLITE EARTH
STATIONS, AND
INSTALL AND
OPERATE OTHER
TELECOMMUNICATIONS SYSTEMS
INCLUDING BY
LAYING CABLE
AND LAND
LINES, TO
PROVIDE COMMUNICATIONS,
NAVIGATION, RADIOPOSITIONING
AND OTHER
SERVICES USEFUL
IN FULFILLING
THEIR RESPECTIVE
MANDATES. THE
MNF, DIPLOMATIC AND
CONSULAR MISSIONS
AND CONTRACTORS
SHALL ALSO
HAVE THE
RIGHT TO
EXCHANGE TELEPHONE,
VOICE, FACSIMILE
AND OTHER
ELECTRONIC DATA
WITH RELEVANT
GLOBAL TELECOMMUNICATIONS
NETWORKS. THE
MNF, DIPLOMATIC AND
CONSULAR MISSIONS
AND CONTRACTORS
MAY CONTINUE
TO OPERATE
AFTER 30 JUNE
2004 EXISTING RADIOCOMMUNICATION
TRANSMITTING AND
RECEIVING STATIONS,
INCLUDING BROADCASTING
STATIONS AND
OTHER TELECOMMUNICATIONS
SYSTEMS OPERATED
BY THEM
OR THEIR
PREDECESSORS ON
OR PRIOR
TO 30 JUNE
2004, IN ACCORDANCE
WITH EXISTING
AUTHORIZATIONS AND
ASSIGNMENTS OF
RADIO FREQUENCY
SPECTRUM. SUBJECT
TO THE
ANNEX HERETO,
THE RADIO
BROADCASTING STATIONS,
RADIO TRANSMITTING
AND RECEIVING
STATIONS, AND
TELECOMMUNICATIONS SYSTEMS
OPERATED PURSUANT
TO THIS
SECTION BY
THE MNF, DIPLOMATIC
AND CONSULAR
MISSIONS AND
CONTRACTORS SHALL
BE OPERATED
IN ACCORDANCE
WITH THE
INTERNATIONAL TELECOMMUNICATION
UNION CONSTITUTION,
CONVENTION AND
RADIO REGULATIONS,
WHERE APPLICABLE.
THE FREQUENCIES
ON WHICH
ANY NEW
RADIOCOMMUNICATION TRANSMITTING
AND RECEIVING
STATIONS, INCLUDING
BROADCASTING STATIONS,
MAY BE
OPERATED SHALL
BE DECIDED
UPON IN
COORDINATION WITH
THE GOVERNMENT
TO THE
EXTENT REQUIRED
UNDER AND
IN ACCORDANCE
WITH THE
ANNEX HERETO.
SUCH USE
OF THE
RADIO-FREQUENCY
SPECTRUM SHALL
BE FREE
OF CHARGE
FOR MNF AND
DIPLOMATIC AND
CONSULAR MISSIONS.
(B) THE
MNF, DIPLOMATIC AND
CONSULAR MISSIONS
AND CONTRACTORS
MAY CONNECT
WITH LOCAL
TELEPHONE, FACSIMILE
AND OTHER
ELECTRONIC DATA
SYSTEMS. EXISTING
CONNECTIONS TO
SUCH LOCAL
SYSTEMS (MADE
BY THEM
OR THEIR
PREDECESSOR ENTITIES)
SHALL REMAIN
IN PLACE
FOLLOWING 30 JUNE
2004. THE MNF, DIPLOMATIC
AND CONSULAR
MISSIONS AND
CONTRACTORS MAY
MAKE NEW
CONNECTIONS TO
SUCH LOCAL
SYSTEMS AFTER
CONSULTATION AND
IN ACCORDANCE
WITH ARRANGEMENTS
WITH THE
GOVERNMENT. THE
USE OF
SUCH EXISTING
AND NEW
SYSTEMS SHALL
BE CHARGED
AT THE
MOST COMPETITIVE
RATE TO
THE MNF, DIPLOMATIC
AND CONSULAR
MISSIONS AND
CONTRACTORS.
(3) THE
MNF MAY ARRANGE
THROUGH ITS
OWN FACILITIES
FOR THE
PROCESSING AND
TRANSPORT OF
PRIVATE MAIL
TO OR
FROM MNF PERSONNEL.
THE GOVERNMENT
SHALL BE
INFORMED OF
THE NATURE
OF SUCH
ARRANGEMENTS AND
SHALL NOT
INTERFERE WITH
OR CENSOR
THE MAIL
OF THE
MNF, OR MNF PERSONNEL.
(4) THE
CODE OF
WIRELESS COMMUNICATIONS,
CODE NO
159 OF 1980, TO
THE EXTENT
NOT ALREADY
SUPERSEDED, IS
HEREBY REPEALED.
SECTION 7
TRAVEL AND
TRANSPORT
(1) All MNF, CPA and Foreign Liaison Mission
Personnel, International Consultants and Contractors, to the extent
necessary to perform their Contracts, shall enjoy, together with
vehicles, vessels, aircraft and equipment, freedom of movement
without delay throughout Iraq. That freedom shall, to the extent
practicable with respect to large movements of personnel, stores,
vehicles or aircraft through airports or on railways or roads
used for general traffic within Iraq, be coordinated with the
Government. The Government shall supply the MNF with, where available,
maps and other information concerning the locations of mine fields
and other dangers and impediments.
(2) Vehicles, vessels and aircraft shall
not be subject to registration, licensing or inspection by the
Government, provided that Contractors' vehicles, vessels and aircraft
shall carry appropriate third-party insurance.
(3) All MNF, CPA and Foreign Liaison Mission
Personnel, International Consultants and Contractors, to the extent
necessary to perform their Contracts, together with their vehicles,
vessels and aircraft, may use roads, bridges, canals and other
waters, port facilities, airfields and airspace without the payment
of dues, tolls or charges, including landing and parking fees,
port, wharfage, pilotage, navigation and overflight charges, overland
transit fees, and similar charges. Exemption will not be claimed
from charges for services requested and rendered, and such charges
shall be at rates most favourable to CPA, MNF and Foreign Liaison
Mission Personnel, and International Consultants and Contractors.
(4) The Force Commander shall coordinate
with the appropriate institutions of the Government regarding
the rules and procedures governing Iraqi civil airspace and will
manage the air traffic system for all military and civilian air
traffic. The Force Commander will control airspace required for
military operations within Iraq for the purpose of deconflicting
military and civil uses. The Force Commander shall implement the
transfer to civilian control of the airspace over Iraq to the
appropriate institutions of the Government in a manner consistent
with ensuring the safe and efficient operation of an air traffic
management system, with security requirements, and Iraqi national
capability to resume control over Iraqi national airspace no later
than the MNF departure from Iraq.
Section 8
CUSTOMS AND
EXCISE
(1) The MNF may establish, maintain and
operate commissaries, exchanges and morale and welfare facilities
at its headquarters, camps and posts for the benefit of MNF Personnel,
and, at the discretion of the Force Commander, other non-Iraqi
persons who are the subject of this Order, but not of locally
recruited personnel. Such commissaries, exchanges and morale and
welfare facilities may provide consumable goods and other articles.
The Force Commander shall take all reasonable measures to prevent
abuse of such commissaries, exchanges and morale and welfare facilities
and the sale or resale of such goods to persons other than MNF
Personnel. The Force Commander shall give consideration to requests
of the Government concerning the operation of the commissaries,
exchanges and morale and welfare facilities.
(2) MNF, CPA and Foreign Liaison Mission
Personnel, International Consultants and Contractors may:
(a) Import, free of duty or other restrictions,
and clear without inspection, license, authorization, other restrictions,
taxes, customs duties, or any other charges, equipment, provisions,
supplies, fuel, technology, and other goods and services, including
controlled substances, which are for their exclusive and official
or contractual use and for the MNF for resale in the commissaries,
exchanges and morale and welfare facilities provided for above;
(b) Re-export unconsumed provisions, supplies,
fuel, technology, and other goods and equipment, including controlled
substances, without inspection, license, authorization, other
restrictions, taxes, customs duties or any other charges, or otherwise
dispose of such items on terms and conditions to be agreed upon
with competent Government authorities.
(3) An efficient procedure, including documentation,
will be coordinated with the Government to expedite importation,
clearances, transfer or exportation.
(4) MNF, CPA and Foreign Liaison Mission
Personnel, International Consultants and Contractors shall be
subject to the laws and regulations of Iraq governing customs
and foreign exchange with respect to personal property not required
by them by reason of their official duties and presence in Iraq.
A Sending State's certification that property of MNF, CPA and
Foreign Liaison Mission Personnel, International Consultants and
Contractors is required by them by reason of their official duties
shall be conclusive evidence of the facts so certified.
(5) Special facilities will be granted by
the Government for the speedy processing of entry and exit formalities
for MNF Personnel, including the civilian component, upon prior
written notification from the Force Commander.
Section 9
FACILITIES FOR
THE MNF
(1) The MNF may use without cost such areas
for headquarters, camps or other premises as may be necessary
for the conduct of the operational and administrative activities
of the MNF. All premises currently used by the MNF shall continue
to be used by it without hindrance for the duration of this Order,
unless other mutually agreed arrangements are entered into between
the MNF and the Government. While any areas on which such headquarters,
camps or other premises are located remain Iraqi territory, they
shall be inviolable and subject to the exclusive control and authority
of the MNF, including with respect to entry and exit of all personnel.
The MNF shall be guaranteed unimpeded access to such MNF premises.
Where MNF Personnel are collocated with military personnel of
Iraq, permanent, direct and immediate access for the MNF to those
premises shall be guaranteed.
(2) The MNF may use water, electricity and
other public utilities and facilities free of charge, or, where
this is not practicable, at the most favorable rate, and in the
case of interruption or threatened interruption of service, the
MNF shall have, as far as possible, the same priority as essential
government services. Where such utilities or facilities are not
provided free of charge, payment shall be made by the MNF on terms
and conditions to be agreed with the competent Government authority.
The MNF shall be responsible for the maintenance and upkeep of
facilities so provided.
(3) The MNF may generate, within its premises,
electricity for its use and may transmit and distribute such electricity.
(4) There shall be an area within central
Baghdad that shall be designated as the "International Zone".
The International Zone shall have the boundaries that the MNF
has established for this purpose. The MNF shall retain control
of the perimeter of the International Zone and all rights of entry
and exit, and all matters of security within the International
Zone shall be subject to the control of the MNF. The activities
and assignment of Iraqi security personnel within the International
Zone shall be as mutually agreed upon between the MNF and the
Government. Iraqi citizens living within the International Zone
will remain subject to Iraqi law. Services, utilities and maintenance
not otherwise performed or undertaken by the MNF within the International
Zone shall be provided to the MNF by the Government free of charge
or at the most favorable rate as agreed between the Force Commander
and the Government.
Section 10
TAXATION, PROVISIONS,
SUPPLIES, SERVICES
AND SANITARY
ARRANGEMENTS
(1) The MNF, Sending States and Contractors
shall be exempt from general sales taxes, Value Added Tax (VAT),
and any similar taxes in respect of all local purchases for official
use or for the performance of Contracts in Iraq. With respect
to equipment, provisions, supplies, fuel, materials and other
goods and services obtained locally by the MNF, Sending States
or Contractors for the official and exclusive use of the MNF or
Sending States or for the performance of Contracts in Iraq, appropriate
administrative arrangements shall be made for the remission or
return of any excise or tax paid as part of the price. In making
purchases on the local market, the MNF, Sending States and Contractors
shall, on the basis of observations made and information provided
by the Government in that respect, avoid any adverse effect on
the local economy.
(2) Contractors shall be accorded exemption
from taxes in Iraq on earnings from Contracts, including corporate,
income, social security and other similar taxes arising directly
from the performance of Contracts. MNF Personnel, CPA Personnel,
Foreign Liaison Mission Personnel and International Consultants
shall be accorded exemption from taxes in Iraq on earnings received
by them in their capacity as such Personnel and Consultants.
(3) The MNF and the Government shall cooperate
with respect to sanitary services and shall extend to each other
the fullest cooperation in matters concerning health, particularly
with respect to the control of communicable diseases, consistent
with relevant international law.
Section 11
RECRUITMENT OF
LOCAL PERSONNEL
The MNF, Sending States and Contractors may
recruit, hire and employ locally such personnel as they require.
The terms and conditions of recruitment, hiring and employment
by the MNF, Sending States and Contractors shall be determined
by respectively the MNF, Sending States and the terms of the Contractor's
Contract.
Section 12
CURRENCY
The MNF shall be permitted to purchase from
the Government in mutually acceptable currency, local currency
required for the use of the MNF, including to pay MNF Personnel,
at the rate of exchange most favorable to the MNF.
Section 13
ENTRY, RESIDENCE
AND DEPARTURE
(1) MNF, CPA and Foreign Liaison Mission
Personnel, and International Consultants shall have the right
to enter into, remain in, and depart from Iraq.
(2) The speedy entry into and departure
from Iraq of MNF, CPA and Foreign Liaison Mission Personnel, Contractors
and International Consultants shall be facilitated to the maximum
extent practicable. For that purpose, MNF, CPA and Foreign Liaison
Mission Personnel, and International Consultants shall be exempt
from passport and visa regulations and immigration inspection
and restrictions as well as payment of any fees or charges on
entering into or departing from Iraq. They shall also be exempt
from any regulations governing the residence of aliens in Iraq,
including registration, but shall not be considered as acquiring
any right to permanent residence or domicile in Iraq.
(3) For the purpose of such entry or departure,
MNF Personnel shall only be required to have: (a) an individual
or collective movement order issued by or under the authority
of the Force Commander or any appropriate authority of a Sending
State providing personnel to the MNF; and (b) a national passport
or personal identity card issued by the appropriate authorities
of a Sending State providing personnel to the MNF.
(4) For the proper performance of Contracts,
Contractors shall be provided with facilities concerning their
entry into and departure from Iraq as well as their repatriation
in time of crisis. For this purpose, there shall promptly be issued
to Contractors, free of charge and without any restrictions, all
necessary visas, licenses or permits.
Section 14
UNIFORMS AND
ARMS
While performing official duties, MNF Military
Personnel shall wear the national military uniform of their respective
Sending States unless otherwise authorized by the Force Commander
for operational reasons. The wearing of civilian dress by MNF
Military Personnel may be authorized by the Force Commander at
other times. MNF Personnel and Private Security Companies may
possess and carry arms while on official duty in accordance with
their orders or under the terms and conditions of their Contracts.
As authorized by the ambassador or the chargé d'affaires
of a Sending State, Diplomatic and Consular personnel may possess
and carry arms while on official duty.
Section 15
IDENTIFICATION
Upon request by the Government, a Sending State
shall confirm that an individual falls into one of the categories
covered by this Order.
Section 16
PERMITS AND
LICENSES
(1) A permit or license issued by the MNF,
the CPA, Foreign Liaison Missions or Sending States for the operation
by their Personnel, including non-Iraqi locally recruited personnel,
of any vehicles and for the practice of any profession or occupation
in connection with their functions, shall be accepted as valid,
without tax or fee, provided that no permit to drive a vehicle
shall be issued to any person who is not already in possession
of an appropriate and valid license issued by the appropriate
authorities of the Sending State.
(2) Licenses and certificates already issued
by appropriate authorities in other States in respect of aircraft
and vessels, including those operated by Contractors exclusively
by or for the MNF, the CPA and Foreign Liaison, Diplomatic and
Consular Missions shall be accepted as valid.
Section 17
DECEASED MEMBERS
The Force Commander and Sending States may take
charge of and transfer out of Iraq or otherwise dispose of the
remains of any MNF, CPA and Foreign Liaison Mission Personnel,
International Consultants and Contractors who die in Iraq, as
well as their personal property located within Iraq.
Section 18
CLAIMS
Except where immunity has been waived in accordance
with Section 5 of this Order, third-party claims including those
for property loss or damage and for personal injury, illness or
death or in respect of any other matter arising from or attributed
to acts or omissions of CPA, MNF and Foreign Liaison Mission Personnel,
International Consultants, and Contractors or any persons employed
by them for activities relating to performance of their Contracts,
whether normally resident in Iraq or not and that do not arise
in connection with military operations, shall be submitted and
dealt with by the Sending State whose personnel (including the
Contractors engaged by that State), property, activities or other
assets are alleged to have caused the claimed damage, in a manner
consistent with the Sending State's laws, regulations and procedures.
Section 19
SUPPLEMENTAL ARRANGEMENTS
The Force Commander and the Government may conclude
supplemental arrangements or Protocols to this Order and shall
ensure close and reciprocal liaison at every appropriate level.
Section 20
EFFECTIVE PERIOD
This Order shall enter into force on the date
of signature. It shall remain in force for the duration of the
mandate authorizing the MNF under UN Security Council Resolutions
1511 and 1546 and any subsequent relevant resolutions and shall
not terminate until the departure of the final element of the
MNF from Iraq, unless rescinded or amended by legislation duly
enacted and having the force of law.
L Paul Bremer, Administrator
Coalition Provisional Authority
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