Free Proposed Findings of Uncontroverted Fact - District Court of Federal Claims - federal

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COALITION PROVISIONAL AUTHORITY REGULATION NUMBER 11 AMENDMENTS TO COALITION PROVISIONAL AUTHORITY REGULATIONS NO. 2 (CPA/REG/10 JUNE 2003/02) AND NO. 3 (CPA/REG/18 JUNE 2003/03) Pursuant to my authority as Administrator of the Coalition Provisional Authority (CPA), and under the laws and usages of war, and consistent with relevant U.N. Security Council resolutions, including Resolutions 1483 and 1511 (2003) and 1546 (2004), Noting that the Coalition Provisional Authority will dissolve on June 30, 2004 and that full governance authority of Iraq will transfer to the Iraqi Interim Government on that date, Recognizing that on June 30, 2004 the Iraqi Interim Government will assume control over all funds in the Development Fund for Iraq, Acknowledging that the Coalitional Provisional Authority has entered into contracts on behalf of the people of Iraq and that many of these contracts require continued performance and payment from the Development Fund for Iraq after June 30, 2004, Understanding that continued performance and payments due under these contracts after June 30, 2004 are critical to the redevelopment and reconstruction of Iraq, Desiring to amend Coalition Provisional Authority Regulation No. 2, Development Fund for Iraq, (CPA/REG/10 June 2003/02), and Coalition Provisional Authority Regulation No. 3, Program Review Board, (CPA/REG/18 June 2003/03), to provide for the orderly transition of authority over the Development Fund for Iraq from the Coalition Provisional Authority to the Iraqi Interim Government, I hereby promulgate the following: Section 1 Transition of Authority over Development Fund for Iraq 1) Section 3 of CPA Regulation No. 2, Development Fund for Iraq, (CPA/REG/10 June 2003/02), is amended to read as follows: A sub-account of the account entitled "Central Bank of Iraq/Development Fund for Iraq" shall be created. The sub-account shall be entitled "Central Bank of Iraq/Development Fund for Iraq/Transition" and (when established) shall contain funds equal to or in excess of the total amount of outstanding contractual liability against the Development Fund for Iraq arising out of contracts or grants funded by the Development Fund for Iraq that:

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a) were entered into on or before June 30, 2004 by the Coalition Provisional Authority or the Multi-National Force-Iraq in accordance with United Nations Security Council Resolution 1483 and implementing regulations; b) require the continued performance and/or payment of money originating from the DFI past June 30, 2004; and c) are not the subject of a fully-funded letter of credit intended to otherwise ensure performance under the contract or grant. On June 30, 2004, all responsibilities, duties, powers, and authorities granted to the Administrator and the Coalition Provisional Authority under this Regulation shall transfer to the Prime Minister of the Iraqi Interim Government and the Iraqi Interim Government, respectively. 2) Paragraph 1 of Section 5 of CPA Regulation No. 2, Development Fund for Iraq, (CPA/REG/10 June 2003/02), is amended and restated as follows: 1) General. The Central Bank of Iraq/Development Fund for Iraq account and the Central Bank of Iraq/Development Fund for Iraq/Transition sub-account in the Federal Reserve Bank shall be governed by the Federal Reserve Bank's standard terms and conditions regarding accounts of central banks and governments, to the extent consistent with applicable law. 3) Paragraph 5 of Section 5 of CPA Regulation No. 2, Development Fund for Iraq, (CPA/REG/10 June 2003/02), is amended and restated as follows 5) Privileges and Immunities. The Fund, including the accounts and sub-accounts that comprise its corpus, and the Receipts Account, shall enjoy the privileges and immunities as set forth in paragraph 22 of Resolution 1483 and continued in paragraph 27 of Resolution 1546, as well as privileges and immunities to which the Fund may be entitled under any other law, regulation, order, or directive. 4) Section 8 of CPA Regulation No. 2, Development Fund for Iraq, (CPA/REG/10 June 2003/02), is amended and restated as follows: Until the Fund is dissolved by the Coalition Provisional Authority (or, after the transfer of governmental authority, by the Interim Iraqi Government) in a manner consistent with Resolutions 1483 and 1546, the Central Bank of Iraq shall continue to hold on its books the Fund. Also, as agreed between the Administrator and the Federal Reserve Bank (and/or other financial institution(s)), such institution(s) shall continue to maintain on its books the "Central Bank of Iraq/Development Fund for Iraq" account and all subaccounts, including a sub-account entitled "Central Bank of Iraq/Development Fund for Iraq/Transition," and shall continue to accept deposits into, make disbursements from, and otherwise operate the account and sub-account, in accordance with applicable laws, regulations, policies and agreements.

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COALITION PROVISIONAL AUTHORITY ORDER NUMBER 100 TRANSITION OF LAWS, REGULATIONS, ORDERS, AND DIRECTIVES ISSUED BY THE COALITION PROVISIONAL AUTHORITY Pursuant to my authority as Administrator of the Coalition Provisional Authority (CPA), and under the laws and usages of war, and consistent with relevant U.N. Security Council resolutions, including Resolution 1483 (2003), Resolution 1511 (2003), and Resolution 1546 (2004); Reaffirming that the laws, regulations, orders, memoranda, instructions and directives of the CPA remain in force unless and until rescinded or amended by legislation duly enacted and having the force of law, as set forth in Article 26(C) of the Law of Administration for the State of Iraq for the Transitional Period ("TAL"); Recognizing that the Government of Iraq will be responsible for interpreting and implementing these laws, regulations, orders, memoranda, instructions and directives following the transfer of full governing authority on 30 June 2004; Noting that many of these laws, regulations, orders, memoranda, instructions and directives require technical amendment and/or rescission to properly reflect the transfer of full governing authority and the dissolution of the Coalition Provisional Authority on 30 June 2004; Further noting that many of these laws, regulations, orders, memoranda, instructions and directives require technical amendment and/or rescission to reflect the structure of the Iraqi Interim Government and to allow for proper delegation of responsibilities within that Government and subsequent Iraqi Governments; Determined to facilitate the continuity of Iraqi law and to ensure a smooth transfer of full governing authority to the Iraqi Interim Government on 30 June 2004; Having consulted with the Iraqi Interim Government, including the Prime Minister, I hereby promulgate the following: Section 1 Purpose This Order makes appropriate revisions to laws, regulations, orders, memoranda, instructions and directives issued by the CPA to facilitate an orderly transfer of full governing authority to the Iraqi Interim Government on 30 June 2004. The Order seeks to ensure that the Iraqi Interim Government and all subsequent Iraqi governments inherit full responsibility for these laws, regulations, orders, memoranda, CPA/ORD/28 JUNE 2004/100
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instructions and directives so that their implementation after the transfer of full governing authority may reflect the expectations of the Iraqi people, as determined by a fully empowered and sovereign Iraqi Government. This is the final Order of the CPA, which will dissolve on 30 June 2004, after the transfer of full governing authority to the Iraqi Interim Government. Section 2 General Rules Except where otherwise noted in this Order, the following General Rules shall apply to every law, regulation, order, memorandum, instruction and directive issued by the CPA: 1) All powers, authorities, and responsibilities granted to the Administrator under any law, regulation, order, memorandum, instruction or directive of the CPA transfer to the Prime Minister and shall be exercised pursuant to law, including the TAL and its Annex. As the official with day-to-day responsibility for management of the federal government, the Prime Minister may delegate such powers and responsibilities to an appropriate minister or ministry. 2) All powers, authorities, and responsibilities granted to the CPA under any law, regulation, order, memorandum, instruction or directive of the CPA transfer to the Federal Government and shall be exercised pursuant to law, including the TAL and its Annex. The Federal Government means the Iraqi Interim Government, the Iraqi Transitional Government, and the Iraqi Government to be elected under a permanent Iraqi constitution as set forth in Chapter 9 of the TAL. 3) All references to "consultation" or "coordination" with the CPA, or CPA "direction," "supervision," or "control" of an Iraqi Ministry or other Iraqi government entity or official, or any related reference, are hereby rescinded. 4) All references to the Iraqi federal government in any form, including references to "an internationally recognized, representative government" or "a transitional Iraqi administration," shall apply equally to the Iraqi Interim Government, and all subsequent Iraqi governments, including the Iraqi Transitional Government and the Iraqi Government to be elected under a permanent constitution as set forth in Chapter 9 of the TAL. This rule does not implicate references to regional, governorate, local, or municipal government entities in Iraq. 5) All provisions that contemplate present or future orders, regulations, and/or memoranda issued by the Administrator or the CPA shall be read to contemplate present or future orders or regulations of the Iraqi Interim Government as well as CPA/ORD/28 JUNE 2004/100
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duly enacted legislation or duly promulgated regulations of any subsequent Iraqi Government. 6) The word "interim" when immediately preceding "minister" or "ministers" shall be deleted. All references to a minister or ministers shall refer equally to a minister or ministers serving in the Iraqi Interim Government, the Iraqi Transitional Government, or the Iraqi Government to be elected under a permanent Iraqi constitution as set forth in Chapter 9 of the TAL. 7) References to "CPA or Coalition personnel" or "Coalition Authorities" or "Coalition personnel" shall be read to cover all foreign national personnel performing services for, or on behalf of, a foreign embassy, including foreign contractors and subcontractors, whether hired by the Federal Government or hired by a foreign government and operating legally in Iraq. 8) All references to "Coalition Forces" and related references shall apply equally to Multinational Forces operating in Iraq pursuant to United Nations Security Council Resolutions 1511 and 1546. 9) All references to "the Iraqi Governing Council" are hereby rescinded and shall refer instead to the Federal Government generally, including the Iraqi Interim Government, the Iraqi Transitional Government, and the Iraqi Government to be elected under a permanent Iraqi constitution as set forth in Chapter 9 of the TAL. 10) The phrase "body vested with national legislative powers" shall refer to the Council of Ministers in the Iraqi Interim Government and the National Assembly in the Iraqi Transitional Government. The same phrase shall apply to the body having legislative powers in the Iraqi Government to be elected under a permanent Iraqi constitution as set forth in Chapter 9 of the TAL. 11) The terms "chief executive," "head of the Iraqi Government," and "head of the Iraqi Government exercising national command authority" shall refer to the Prime Minister in the Iraqi Interim Government and Transitional Government and the equivalent office in the Iraqi Government to be elected under a permanent Iraqi constitution as set forth in Chapter 9 of the TAL. All Iraqi governments subsequent to the transfer of full governing authority from the CPA, however, enjoy the authority inherent in sovereignty to divide authorities and responsibilities among the Presidency Council, the Prime Minister, and any other office, in a manner consistent with law. 12) All references to "foreign liaison mission" shall apply equally after 30 June 2004 to diplomatic and consular missions. CPA/ORD/28 JUNE 2004/100
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Section 3 Revisions of Specific CPA Order Provisions Notwithstanding the General Rules set forth in Section 2 of this Order, the following specific provisions of CPA Orders shall be amended, rescinded, or otherwise changed as follows: 1) CPA Order Number 1, De-Ba'athification of Iraqi Society Section 1(6) shall be rescinded in its entirety. 2) CPA Order Number 2, Dissolution of Entities a) In Section 2(3), the term "local Coalition authorities" shall be rescinded and replaced with the following: "federal government authorities." b) The following shall be appended to the end of the final sentence of Section 2(3): "in accordance with law." c) Section 5 shall be rescinded in its entirety. d) Section 6(2) shall be rescinded in its entirety. 3) CPA Order Number 3 (Revised) (Amended), Weapons Control a) CPA Order Number 3 shall not apply to personnel or Member States of the Multinational Force operating in Iraq pursuant to United Nations Security Council Resolutions 1511 and 1546. Accordingly, all references to "Coalition Forces," "Coalition Member States," "Coalition Force Commander," and/or "Commander, Coalition Forces," shall be rescinded. b) In Section 1(4), the definition of "Iraqi security forces" shall be amended to include "the Iraqi Armed Forces." c) In Section 1, a new subsection (10) shall be inserted as follows: "10) `Private Security Company' means a private business, properly registered with the Ministry of Interior and Ministry of Trade that seeks to gain commercial benefits and financial profit by providing security services to individuals, businesses and organizations, governmental or otherwise."

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d) Section 3(1)(c) shall be rescinded in its entirety and replaced with the following: "Groups and individuals who have been authorized by the Minister of the Interior to carry weapons in the course of their duties." e) Section 3(2) shall be rescinded and replaced with the following: "Private security companies may be licensed by the Minister of the Interior to possess and use licensed Firearms and Military Weapons, including Special Category Weapons, in the course of their duties, including in public places." f) Section 4(3) shall be rescinded and replaced with the following: "The carrying of concealed weapons is prohibited, other than by (a) Iraqi security forces; (b) Private Security Companies; (c) security officers from diplomatic missions; and (d) any other group or individual so authorized by the Minister of the Interior." g) The first sentence of Section 5 shall be rescinded and replaced with the following: "Individuals not otherwise authorized to possess or use Firearms or Military Weapons by this, any other CPA instrument, or any other provision of Iraqi law, may apply for weapons authorization." h) In Section 6(1), the phrase "are subject to confiscation by Coalition Forces and other relevant authorities" shall be rescinded and replaced with the following: "are subject to confiscation by the Iraqi Security Forces." i) Section 6(6) shall be rescinded in its entirety and replaced with the following: "An investigative judge of competent jurisdiction may grant a certificate of immunity from prosecution for offenses under this Order or the Iraqi Weapons Code of 1992, but only upon written findings that the person to be granted such immunity provided information that (a) led to the apprehension and conviction of persons in relation to whom information was sought by the Federal Government or (b) resulted in the prevention of a violent crime against public security, including a violent crime against the Federal Government and its personnel, or the Multinational Force operating in Iraq pursuant to United Nations Security Council Resolutions 1511 and 1546 and its personnel." j) The following sentence shall be appended to the end of Section 7: "This Order and all regulations promulgated hereunder shall be interpreted in a manner consistent with CPA Order Number 17 (Revised), (CPA/ORD/27 June 2004/17)." CPA/ORD/28 JUNE 2004/100
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4) CPA Order Number 13 (Revised) (Amended), The Central Criminal Court of Iraq a) Section 5 shall be rescinded in its entirety and replaced with the following: "All judges of the Central Criminal Court of Iraq shall be appointed pursuant to Article 46(A) of the TAL and subject to removal only pursuant to Article 47 of the TAL." b) Sections 8(1) shall be rescinded in its entirety. c) Section 8(3) shall be rescinded in its entirety and replaced with the following: "A judge of the CCCI shall remove himself or herself from any case in which a party to the proceeding is a spouse, relative of second degree or other close relationship of that judge." d) The first sentence of 8(4) shall be rescinded. 5) CPA Order Number 14, Prohibited Media Activity a) Section 3 shall be rescinded in its entirety and replaced with the following: "The Prime Minister shall have the authority to enforce Section 2 of this Order, consistent with Chapter 2 of the TAL and Iraq's obligations under international law." b) Section 3 shall be retitled "Enforcement." c) Sections 4(1) and 4(2) shall be rescinded in their entirety. d) Section 5(2) shall be rescinded in its entirety and replaced with the following: "Additionally, media organizations penalized in accordance with Section 5(1) shall be referred to the Iraqi Communications and Media Commission for consideration of other appropriate sanction, including withdrawal of duly issued licenses." e) Section 6 shall be rescinded in its entirety and replaced with the following: "Any media organization sanctioned under Section 5(1) of this Order may appeal to a court of competent jurisdiction for a determination of whether the sanction complies with applicable law, including Chapter 2 of the TAL and the International Covenant on Civil and Political Rights." 6) CPA Order Number 15, Establishment of the Judicial Review Committee CPA/ORD/28 JUNE 2004/100
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A new Section 8 shall be added, entitled "Expiration," which shall provide as follows: "This Order shall expire and the Judicial Review Committee shall be abolished upon the transfer of governing authority to the Iraqi Interim Government on 30 June 2004; provided, however, that (1) all of the Committee's decisions prior to 30 June 2004 shall remain in full force and effect and (2) the Iraqi Judiciary Act, to the extent consistent with the TAL and relevant CPA Orders, shall remain in full force and effect. All judicial appointments to, and removals from, the federal courts after 30 June 2004 shall be conducted pursuant to Chapter 6 of the TAL." 7) CPA Order Number 16 (Revised) (Amended), Temporary Control of Iraq Borders, Ports, and Airports a) In Section 1(1), "Coalition Personnel" shall be rescinded and replaced with "Multinational Force Personnel." b) A new Section 1(3)(d) shall be added as follows: "citizens and nationals traveling to Iraq on official government business of any state which contributes more than 500 military personnel to the Multinational Force operating in Iraq pursuant to United Nations Security Council Resolutions 1511 and 1546." c) The remainder of Section 1(3) shall be read and interpreted according to its express terms, notwithstanding Section 2(7) of this Order. 8) CPA Order Number 17 (Revised), Status of Coalition Provisional Authority, MNF-Iraq, Certain Missions and Personnel in Iraq This Order shall not apply to Order Number 17. 9) CPA Order Number 19, Freedom of Assembly a) In Section 3(1), the phrase "unless acting under authority of the Coalition Force Commander or a Divisional or Brigade Commander (hereinafter `Approving Authorities')" shall be rescinded and replaced with the following: "unless acting under authority of the Ministry of Interior (the `Approving Authority') pursuant to a regularized procedure for issuing permits for such marches, assemblies, meetings, or gatherings. The Ministry of Interior shall promulgate regulations to establish this regularized procedure as soon as possible after 30 June 2004. All such CPA/ORD/28 JUNE 2004/100
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regulations shall be consistent with the TAL and Iraq's obligations under international law." b) In Section 3(3), the phrase "or to be held within 500 meters of any CPA or Coalition Force facility" shall be rescinded and replaced with the following: "or to be held within 500 meters of any foreign embassy, including foreign embassy regional offices and consulates, facility of the Multinational Force operating in Iraq pursuant to United Nations Security Council Resolutions 1511 and 1546, or public building actively used by the Iraqi government." c) At the end of Section 3, the following shall be inserted as a new subsection: "4) Any party denied an opportunity to march, assemble, meet, or gather pursuant to this Order shall have recourse to a federal court for review of whether such denial should be reversed on account of being arbitrary, capricious, or otherwise contrary to law." 10) CPA Order Number 22, Creation of an Iraqi Armed Forces a) Section 3(2) shall be rescinded in its entirety and replaced with the following: "The mission of the Iraqi Armed Forces is the military defense of the nation, including defense of the national territory and the military protection of the security of critical installations, facilities, infrastructure, lines of communication and supply, and population. The tasks of the Iraqi Armed Forces include developing a military capability in order to provide the basis for militarily effective, professional, and non-political armed forces for the military defense of the nation. Except as authorized by orders or regulations of the Iraqi Interim Government as well as duly promulgated legislation or regulations of any subsequent Iraqi government, the Iraqi Armed Forces shall not have, or exercise, domestic law enforcement functions. Nor shall the Iraqi Armed Forces intervene in the domestic political affairs of the nation. Tasks of the Iraqi Armed Forces will also include, when so ordered, participation in domestic relief operations associated with natural or man-made disasters and humanitarian relief missions." b) Section 3(3) shall be rescinded in its entirety and replaced with the following: "The President of the State will commission officers in the Iraqi Armed Forces who have been approved for commissioning by the Prime Minister. The Prime Minister or the Minister of Defence will designate Commanders of units of the Iraqi Armed Forces, including officers to command the principal units of the Iraqi Armed Forces, as they are created." CPA/ORD/28 JUNE 2004/100
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