.IRAQ: The new SOFA is delivered [full text]
The Iraqi Parliament is battling over what to do about the last, final version of the Status of Forces Agreement that landed on lawmakers' desks Monday and is expected to be voted on early next week. It took U.S. and Iraqi negotiators eight months to reach this point, and both sides say the talks that began last March reached a dead end at least once, only to be revived by negotiators. Below is the product of those talks.
Prime Minister Nouri Maliki went on national TV on Tuesday to appeal for support for SOFA and to explain why he thinks it's the best option for Iraq. He made a point of stressing the last-minute concessions Iraq won from the United States, which can be noted by comparing the newest version with an earlier draft we posted last month.
Here briefly are some important elements to note in the new SOFA. The full text follows.
-- Article 5, under the "Property Ownership" heading, makes clear that U.S. forces will hand over to Iraq all the facilities and areas used by U.S. troops during their deployment. This wording is stronger than in the earlier draft and presumably aimed at erasing the idea that permanent bases could be established in Iraq.
-- Article 11 contains a new clause. It says U.S. forces may use telecommunications systems only to carry out their missions as outlined in the SOFA. This might be aimed at preventing the use of phone tapping or other surveillance.
-- Article 12, dealing with jurisdiction, was one of the main sticking points that held up earlier SOFA deals. The final draft has two important points: It gives Iraq the primary right to exercise jurisdiction over U.S. contractors and their employees, meaning private security contractors such as Blackwater or employees of other contractors here could be arrested and tried in Iraq without U.S. protection. And it makes clear that Iraq should also have primary jurisdiction over U.S. troops accused of serious crimes under some circumstances.
--Article 24, dealing with withdrawal dates, contains an important change from the earlier draft. The section giving Iraq the right to request that some U.S. forces extend their stays to provide training and support to Iraqi troops is gone, an omission aimed at alleviating fears that the Dec. 31, 2011, date is not set in stone.
-- Article 27, on the deterrence of security threats, has a crucial addition that was not in the earlier draft. The clause bars the use of Iraqi territory as a launching or transit point for attacks against other countries.
-- Article 30, outlining the pact's lifespan, has a small but important change. A phrase that had alluded to the sides being able to "extend" the agreement has been erased. Instead, it says only that the deal can be "amended" if both parties agree. The change clearly was intended to satisfy skeptics' concerns that the pact was written with the idea of extension in mind.
And now, the new SOFA:
Agreement
Between the United States of America and the Republic of Iraq
On the Withdrawal of United States Forces from Iraq and the Organization of
Their Activities during Their Temporary Presence in Iraq
Preamble
The United States of America and the Republic of Iraq, referred to hereafter as
“the Parties”:
Recognizing the importance of: strengthening their joint security, contributing
to world peace and stability, combating terrorism in Iraq, and cooperating in
the security and defense spheres, thereby deterring aggression and threats
against the sovereignty, security, and territorial integrity of Iraq and against
its democratic, federal, and constitutional system;
Affirming that such cooperation is based on full respect for the sovereignty of
each of them in accordance with the purposes and principles of the United
Nations Charter;
Out of a desire to reach a common understanding that strengthens cooperation
between them;
Without prejudice to Iraqi sovereignty over its territory, waters, and airspace;
and
Pursuant to joint undertakings as two sovereign, independent, and coequal
countries;
Have agreed to the following:
Article 1
Scope and Purpose
This Agreement shall determine the principal provisions and requirements that
regulate the temporary presence, activities, and withdrawal of the United States
Forces from Iraq.
Article 2
Definition of Terms
1. “Agreed facilities and areas” are those Iraqi facilities and areas owned by
the Government of Iraq that are in use by the United States Forces during the
period in which this Agreement is in force.
2. “United States Forces” means the entity comprising the members of the United
States Armed Forces, their associated civilian component, and all property,
equipment, and material of the United States Armed Forces present in the
territory of Iraq.
3. “Member of the United States Forces” means any individual who is a member of
the United States Army, Navy, Air Force, Marine Corps, or Coast Guard.
4. “Member of the civilian component” means any civilian employed by the United
States Department of Defense. This term does not include individuals normally
resident in Iraq.
5. “United States contractors” and “United States contractor employees” mean
non-Iraqi persons or legal entities, and their employees, who are citizens of
the United States or a third country and who are in Iraq to supply goods,
services, and security in Iraq to or on behalf of the United States Forces under
a contract or subcontract with or for the United States Forces. However, the
terms do not include persons or legal entities normally resident in the
territory of Iraq.
6. “Official vehicles” means commercial vehicles that may be modified for
security purposes and are basically designed for movement on various roads and
designated for transportation of personnel.
7. “Military vehicles” means all types of vehicles used by the United States
Forces, which were originally designated for use in combat operations and
display special distinguishing numbers and symbols according to applicable
United States Forces instructions and regulations.
8. “Defense equipment” means systems, weapons, supplies, equipment, munitions,
and materials exclusively used in conventional warfare that are required by the
United States Forces in connection with agreed activities under this Agreement
and are not related, either directly or indirectly, to systems of weapons of
mass destruction (chemical weapons, nuclear weapons, radiological weapons,
biological weapons, and related waste of such weapons).
9. “Storage” means the keeping of defense equipment required by the United
States Forces in connection with agreed activities under this Agreement.
10. “Taxes and duties” means all taxes, duties (including customs duties),
fees, of whatever kind, imposed by the Government of Iraq, or its agencies, or
governorates under Iraqi laws and regulations. However, the term does not
include charges by the Government of Iraq, its agencies, or governorates for
services requested and received by the United States Forces.
Article 3
Laws
1. While conducting military operations pursuant to this Agreement, it is the
duty of members of the United States Forces and of the civilian component to
respect Iraqi laws, customs, traditions, and conventions and to refrain from any
activities that are inconsistent with the letter and spirit of this Agreement.
It is the duty of the United States to take all necessary measures for this
purpose.
2. With the exception of members of the United States Forces and of the
civilian component, the United States Forces may not transfer any person into or
out of Iraq on vehicles, vessels, or aircraft covered by this Agreement, unless
in accordance with applicable Iraqi laws and regulations, including implementing
arrangements as may be agreed to by the Government of Iraq.
Article 4
Missions
1. The Government of Iraq requests the temporary assistance of the United
States Forces for the purposes of supporting Iraq in its efforts to maintain
security and stability in Iraq, including cooperation in the conduct of
operations against al-Qaeda and other terrorist groups, outlaw groups, and
remnants of the former regime.
2. All such military operations that are carried out pursuant to this Agreement
shall be conducted with the agreement of the Government of Iraq. Such
operations shall be fully coordinated with Iraqi authorities. The coordination
of all such military operations shall be overseen by a Joint Military Operations
Coordination Committee (JMOCC) to be established pursuant to this Agreement.
Issues regarding proposed military operations that cannot be resolved by the
JMOCC shall be forwarded to the Joint Ministerial Committee.
3. All such operations shall be conducted with full respect for the Iraqi
Constitution and the laws of Iraq. Execution of such operations shall not
infringe upon the sovereignty of Iraq and its national interests, as defined by
the Government of Iraq. It is the duty of the United States Forces to respect
the laws, customs, and traditions of Iraq and applicable international law.
4. The Parties shall continue their efforts to cooperate to strengthen Iraq’s
security capabilities including, as may be mutually agreed, on training,
equipping, supporting, supplying, and establishing and upgrading logistical
systems, including transportation, housing, and supplies for Iraqi Security
Forces.
5. The Parties retain the right to legitimate self defense within Iraq, as
defined in applicable international law.
Article 5
Property Ownership
1. Iraq owns all buildings, non-relocatable structures, and assemblies
connected to the soil that exist on agreed facilities and areas, including those
that are used, constructed, altered, or improved by the United States Forces.
2. Upon their withdrawal, the United States Forces shall return to the
Government of Iraq all the facilities and areas provided for the use of the
combat forces of the United States, based on two lists. The first list of
agreed facilities and areas shall take effect upon the entry into force of the
Agreement. The second list shall take effect no later than June 30, 2009, the
date for the withdrawal of combat forces from the cities, villages, and
localities. The Government of Iraq may agree to allow the United States Forces
the use of some necessary facilities for the purposes of this Agreement on
withdrawal.
3. The United States shall bear all costs for construction, alterations, or
improvements in the agreed facilities and areas provided for its exclusive use.
The United States Forces shall consult with the Government of Iraq regarding
such construction, alterations, and improvements, and must seek approval of the
Government of Iraq for major construction and alteration projects. In the
event that the use of agreed facilities and areas is shared, the two Parties
shall bear the costs of construction, alterations, or improvements
proportionately.
4. The United States shall be responsible for paying the costs for services
requested and received in the agreed facilities and areas exclusively used by
it, and both Parties shall be proportionally responsible for paying the costs
for services requested and received in joint agreed facilities and areas.
5. Upon the discovery of any historical or cultural site or finding any
strategic resource in agreed facilities and areas, all works of construction,
upgrading, or modification shall cease immediately and the Iraqi representatives
at the Joint Committee shall be notified to determine appropriate steps in that
regard.
6. The United States shall return agreed facilities and areas and any
non-relocatable structures and assemblies on them that it had built, installed,
or established during the term of this Agreement, according to mechanisms and
priorities set forth by the Joint Committee. Such facilities and areas shall be
handed over to the Government of Iraq free of any debts and financial burdens.
7. The United States Forces shall return to the Government of Iraq the agreed
facilities and areas that have heritage, moral, and political significance and
any non-relocatable structures and assemblies on them that it had built,
installed, or established, according to mechanisms, priorities, and a time
period as mutually agreed by the Joint Committee, free of any debts or financial
burdens.
8. The United States Forces shall return the agreed facilities and areas to the
Government of Iraq upon the expiration or termination of this Agreement, or
earlier as mutually agreed by the Parties, or when such facilities are no longer
required as determined by the JMOCC, free of any debts or financial burdens.
9. The United States Forces and United States contractors shall retain title to
all equipment, materials, supplies, relocatable structures, and other movable
property that was legitimately imported into or legitimately acquired within the
territory of Iraq in connection with this Agreement.
Article 6
Use of Agreed Facilities and Areas
1. With full respect for the sovereignty of Iraq, and as part of exchanging
views between the Parties pursuant to this Agreement, Iraq grants access and use
of agreed facilities and areas to the United States Forces, United States
contractors, United States contractor employees, and other individuals or
entities as agreed upon by the Parties.
2. In accordance with this Agreement, Iraq authorizes the United States Forces
to exercise within the agreed facilities and areas all rights and powers that
may be necessary to establish, use, maintain, and secure such agreed facilities
and areas. The Parties shall coordinate and cooperate regarding exercising
these rights and powers in the agreed facilities and areas of joint use.
3. The United States Forces shall assume control of entry to agreed facilities
and areas that have been provided for its exclusive use. The Parties shall
coordinate the control of entry into agreed facilities and areas for joint use
and in accordance with mechanisms set forth by the JMOCC. The Parties shall
coordinate guard duties in areas adjacent to agreed facilities and areas through
the JMOCC.
Article 7
Positioning and Storage of Defense Equipment
The United States Forces may place within agreed facilities and areas and in
other temporary locations agreed upon by the Parties defense equipment,
supplies, and materials that are required by the United States Forces in
connection with agreed activities under this Agreement. The use and storage of
such equipment shall be proportionate to the temporary missions of the United
States Forces in Iraq pursuant to Article 4 of this Agreement and shall not be
related, either directly or indirectly, to systems of weapons of mass
destruction (chemical weapons, nuclear weapons, radiological weapons, biological
weapons, and related waste of such weapons). The United States Forces shall
control the use and relocation of defense equipment that they own and are stored
in Iraq. The United States Forces shall ensure that no storage depots for
explosives or munitions are near residential areas, and they shall remove such
materials stored therein. The United States shall provide the Government of
Iraq with essential information on the numbers and types of such stocks.
Article 8
Protecting the Environment
Both Parties shall implement this Agreement in a manner consistent with
protecting the natural environment and human health and safety. The United
States reaffirms its commitment to respecting applicable Iraqi environmental
laws, regulations, and standards in the course of executing its policies for the
purposes of implementing this Agreement.
Article 9
Movement of Vehicles, Vessels, and Aircraft
1. With full respect for the relevant rules of land and maritime safety and
movement, vessels and vehicles operated by or at the time exclusively for the
United States Forces may enter, exit, and move within the territory of Iraq for
the purposes of implementing this Agreement. The JMOCC shall develop
appropriate procedures and rules to facilitate and regulate the movement of
vehicles.
2. With full respect for relevant rules of safety in aviation and air
navigation, United States Government aircraft and civil aircraft that are at the
time operating exclusively under a contract with the United States Department of
Defense are authorized to over-fly, conduct airborne refueling exclusively for
the purposes of implementing this Agreement over, and land and take off within,
the territory of Iraq for the purposes of implementing this Agreement. The Iraqi
authorities shall grant the aforementioned aircraft permission every year to
land in and take off from Iraqi territory exclusively for the purposes of
implementing this Agreement. United States Government aircraft and civil
aircraft that are at the time operating exclusively under a contract with the
United States Department of Defense, vessels, and vehicles shall not have any
party boarding them without the consent of the authorities of the United States
Forces. The Joint Sub-Committee concerned with this matter shall take
appropriate action to facilitate the regulation of such traffic.
3. Surveillance and control over Iraqi airspace shall transfer to Iraqi
authority immediately upon entry into force of this Agreement.
4. Iraq may request from the United States Forces temporary support for the
Iraqi authorities in the mission of surveillance and control of Iraqi air space.
5. United States Government aircraft and civil aircraft that are at the time
operating exclusively under contract to the United States Department of Defense
shall not be subject to payment of any taxes, duties, fees, or similar charges,
including overflight or navigation fees, landing, and parking fees at government
airfields. Vehicles and vessels owned or operated by or at the time exclusively
for the United States Forces shall not be subject to payment of any taxes,
duties, fees, or similar charges, including for vessels at government ports.
Such vehicles, vessels, and aircraft shall be free from registration
requirements within Iraq.
6. The United States Forces shall pay fees for services requested and received.
7. Each Party shall provide the other with maps and other available information
on the location of mine fields and other obstacles that can hamper or jeopardize
movement within the territory and waters of Iraq.
Article 10
Contracting Procedures
The United States Forces may select contractors and enter into contracts in
accordance with United States law for the purchase of materials and services in
Iraq, including services of construction and building. The United States Forces
shall contract with Iraqi suppliers of materials and services to the extent
feasible when their bids are competitive and constitute best value. The United
States Forces shall respect Iraqi law when contracting with Iraqi suppliers and
contractors and shall provide Iraqi authorities with the names of Iraqi
suppliers and contractors, and the amounts of relevant contracts.
Article 11
Services and Communications
1. The United States Forces may produce and provide water, electricity, and
other services to agreed facilities and areas in coordination with the Iraqi
authorities through the Joint Sub-Committee concerned with this matter.
2. The Government of Iraq owns all frequencies. Pertinent Iraqi authorities
shall allocate to the United States Forces such frequencies as coordinated by
both Parties through the JMOCC. The United States Forces shall return
frequencies allocated to them at the end of their use not later than the
termination of this Agreement.
3. The United States Forces shall operate their own telecommunications systems
in a manner that fully respects the Constitution and laws of Iraq and in
accordance with the definition of the term “telecommunications” contained in the
Constitution of the International Union of Telecommunications of 1992, including
the right to use necessary means and services of their own systems to ensure the
full capability to operate systems of telecommunications.
4. For the purposes of this Agreement, the United States Forces are exempt from
the payment of fees to use transmission airwaves and existing and future
frequencies, including any administrative fees or any other related charges.
5. The United States Forces must obtain the consent of the Government of Iraq
regarding any projects of infrastructure for communications that are made
outside agreed facilities and areas exclusively for the purposes of this
Agreement in accordance with Article 4, except in the case of actual combat
operations conducted pursuant to Article 4.
6. The United States Forces shall use telecommunications systems exclusively
for the purposes of this Agreement.
Article 12
Jurisdiction
Recognizing Iraq’s sovereign right to determine and enforce the rules of
criminal and civil law in its territory, in light of Iraq’s request for
temporary assistance from the United States Forces set forth in Article 4, and
consistent with the duty of the members of the United States Forces and the
civilian component to respect Iraqi laws, customs, traditions, and conventions,
the Parties have agreed as follows:
Iraq shall have the primary right to exercise jurisdiction over members of the
United States Forces and of the civilian component for the grave premeditated
felonies enumerated pursuant to paragraph 8, when such crimes are committed
outside agreed facilities and areas and outside duty status.
Iraq shall have the primary right to exercise jurisdiction over United States
contractors and United States contractor employees.
The United States shall have the primary right to exercise jurisdiction over
members of the United States Forces and of the civilian component for matters
arising inside agreed facilities and areas; during duty status outside agreed
facilities and areas; and in circumstances not covered by paragraph 1.
At the request of either Party, the Parties shall assist each other in the
investigation of incidents and the collection and exchange of evidence to
ensure the due course of justice.
Members of the United States Forces and of the civilian component arrested or
detained by Iraqi authorities shall be notified immediately to United States
Forces authorities and handed over to them within 24 hours from the time of
detention or arrest. Where Iraq exercises jurisdiction pursuant to paragraph
1 of this Article, custody of an accused member of the United States Forces or
of the civilian component shall reside with United States Forces authorities.
United States Forces authorities shall make such accused persons available to
the Iraqi authorities for purposes of investigation and trial.
The authorities of either Party may request the authorities of the other Party
to waive its primary right to jurisdiction in a particular case. The
Government of Iraq agrees to exercise jurisdiction under paragraph 1 above,
only after it has determined and notifies the United States in writing within
21 days of the discovery of an alleged offense, that it is of particular
importance that such jurisdiction be exercised.
7. Where the United States exercises jurisdiction pursuant to paragraph 3 of
this Article, members of the United States Forces and of the civilian component
shall be entitled to due process standards and protections pursuant to the
Constitution and laws of the United States. Where the offense arising under
paragraph 3 of this Article may involve a victim who is not a member of the
United States Forces or of the civilian component, the Parties shall establish
procedures through the Joint Committee to keep such persons informed as
appropriate of: the status of the investigation of the crime; the bringing of
charges against a suspected offender; the scheduling of court proceedings and
the results of plea negotiations; opportunity to be heard at public sentencing
proceedings, and to confer with the attorney for the prosecution in the case;
and, assistance with filing a claim under Article 21 of this Agreement. As
mutually agreed by the Parties, United States Forces authorities shall seek to
hold the trials of such cases inside Iraq. If the trial of such cases is to be
conducted in the United States, efforts will be undertaken to facilitate the
personal attendance of the victim at the trial.
8. Where Iraq exercises jurisdiction pursuant to paragraph 1 of this Article,
members of the United States Forces and of the civilian component shall be
entitled to due process standards and protections consistent with those
available under United States and Iraqi law. The Joint Committee shall
establish procedures and mechanisms for implementing this Article, including an
enumeration of the grave premeditated felonies that are subject to paragraph 1
and procedures that meet such due process standards and protections. Any
exercise of jurisdiction pursuant to paragraph 1 of this Article may proceed
only in accordance with these procedures and mechanisms.
9. Pursuant to paragraphs 1 and 3 of this Article, United States Forces
authorities shall certify whether an alleged offense arose during duty status.
In those cases where Iraqi authorities believe the circumstances require a
review of this determination, the Parties shall consult immediately through the
Joint Committee, and United States Forces authorities shall take full account of
the facts and circumstances and any information Iraqi authorities may present
bearing on the determination by United States Forces authorities.
10. The Parties shall review the provisions of this Article every 6 months
including by considering any proposed amendments to this Article taking into
account the security situation in Iraq, the extent to which the United States
Forces in Iraq are engaged in military operations, the growth and development of
the Iraqi judicial system, and changes in United States and Iraqi law.
Article 13
Carrying Weapons and Apparel
Members of the United States Forces and of the civilian component may possess
and carry weapons that are owned by the United States while in Iraq according to
the authority granted to them under orders and according to their requirements
and duties. Members of the United States Forces may also wear uniforms during
duty in Iraq.
Article 14
Entry and Exit
1. For purposes of this Agreement, members of the United States Forces and of
the civilian component may enter and leave Iraq through official places of
embarkation and debarkation requiring only identification cards and travel
orders issued for them by the United States. The Joint Committee shall assume
the task of setting up a mechanism and a process of verification to be carried
out by pertinent Iraqi authorities.
2. Iraqi authorities shall have the right to inspect and verify the lists of
names of members of the United States Forces and of the civilian component
entering and leaving Iraq directly through the agreed facilities and areas.
Said lists shall be submitted to Iraqi authorities by the United States Forces.
For purposes of this Agreement, members of the United States Forces and of the
civilian component may enter and leave Iraq through agreed facilities and areas
requiring only identification cards issued for them by the United States. The
Joint Committee shall assume the task of setting up a mechanism and a process
for inspecting and verifying the validity of these documents.
Article 15
Import and Export
1. For the exclusive purposes of implementing this Agreement, the United
States Forces and United States contractors may import, export (items bought in
Iraq), re-export, transport, and use in Iraq any equipment, supplies, materials,
and technology, provided that the materials imported or brought in by them are
not banned in Iraq as of the date this Agreement enters into force. The
importation, re-exportation, transportation, and use of such items shall not be
subject to any inspections, licenses, or other restrictions, taxes, customs
duties, or any other charges imposed in Iraq, as defined in Article 2, paragraph
10. United States Forces authorities shall provide to relevant Iraqi
authorities an appropriate certification that such items are being imported by
the United States Forces or United States contractors for use by the United
States Forces exclusively for the purposes of this Agreement. Based on security
information that becomes available, Iraqi authorities have the right to request
the United States Forces to open in their presence any container in which such
items are being imported in order to verify its contents. In making such a
request, Iraqi authorities shall honor the security requirements of the United
States Forces and, if requested to do so by the United States Forces, shall make
such verifications in facilities used by the United States Forces. The
exportation of Iraqi goods by the United States Forces and United States
contractors shall not be subject to inspections or any restrictions other than
licensing requirements. The Joint Committee shall work with the Iraqi Ministry
of Trade to expedite license requirements consistent with Iraqi law for the
export of goods purchased in Iraq by the United States Forces for the purposes
of this Agreement. Iraq has the right to demand review of any issues arising
out of this paragraph. The Parties shall consult immediately in such cases
through the Joint Committee or, if necessary, the Joint Ministerial Committee.
2. Members of the United States Forces and of the civilian component may import
into Iraq, re-export, and use personal effect materials and equipment for
consumption or personal use. The import into, re-export from, transfer from,
and use of such imported items in Iraq shall not be subjected to licenses, other
restrictions, taxes, custom duties, or any other charges imposed in Iraq, as
defined in Article 2, paragraph 10. The imported quantities shall be reasonable
and proportionate to personal use. United States Forces authorities will take
measures to ensure that no items or material of cultural or historic
significance to Iraq are being exported.
3. Any inspections of materials pursuant to paragraph 2 by Iraqi authorities
must be done urgently in an agreed upon place and according to procedures
established by the Joint Committee.
4. Any material imported free of customs and fees in accordance with this
Agreement shall be subjected to taxes and customs and fees as defined in Article
2, paragraph 10, or any other fees valued at the time of sale in Iraq, upon sale
to individuals and entities not covered by tax exemption or special import
privileges. Such taxes and fees (including custom duties) shall be paid by the
transferee for the items sold.
5. Materials referred to in the paragraphs of this Article must not be imported
or used for commercial purposes.
Article 16
Taxes
1. Any taxes, duties, or fees as defined in Article 2, paragraph 10, with their
value determined and imposed in the territory of Iraq, shall not be imposed on
goods and services purchased by or on behalf of the United States Forces in Iraq
for official use or on goods and services that have been purchased in Iraq on
behalf of the United States Forces.
2. Members of the United States Forces and of the civilian component shall not
be responsible for payment of any tax, duty, or fee that has its value
determined and imposed in the territory of Iraq, unless in return for services
requested and received.
Article 17
Licenses or Permits
1. Valid driver’s licenses issued by United States authorities to members of
the United States Forces and of the civilian component, and to United States
contractor employees, shall be deemed acceptable to Iraqi authorities. Such
license holders shall not be subject to a test or fee for operating the
vehicles, vessels, and aircraft belonging to the United States Forces in Iraq.
2. Valid driver’s licenses issued by United States authorities to members of
the United States Forces and of the civilian component, and to United States
contractor employees, to operate personal cars within the territory of Iraq
shall be deemed acceptable to Iraqi authorities. License holders shall not be
subject to a test or fee.
3. All professional licenses issued by United States authorities to members of
the United States Forces and of the civilian component, and to United States
contractor employees shall be deemed valid by Iraqi authorities, provided such
licenses are related to the services they provide within the framework of
performing their official duties for or contracts in support of the United
States Forces, members of the civilian component, United States contractors, and
United States contractor employees, according to terms agreed upon by the
Parties.
Article 18
Official and Military Vehicles
1. Official vehicles shall display official Iraqi license plates to be agreed
upon between the Parties. Iraqi authorities shall, at the request of the
authorities of the United States Forces, issue registration plates for official
vehicles of the United States Forces without fees, according to procedures used
for the Iraqi Armed Forces. The authorities of the United States Forces shall
pay to Iraqi authorities the cost of such plates.
2. Valid registration and licenses issued by United States authorities for
official vehicles of the United States Forces shall be deemed acceptable by
Iraqi authorities.
3. Military vehicles exclusively used by the United States Forces will be
exempted from the requirements of registration and licenses, and they shall be
clearly marked with numbers on such vehicles.
Article 19
Support Activities Services
1. The United States Forces, or others acting on behalf of the United States
Forces, may assume the duties of establishing and administering activities and
entities inside agreed facilities and areas, through which they can provide
services for members of the United States Forces, the civilian component, United
States contractors, and United States contractor employees. These entities and
activities include military post offices; financial services; shops selling food
items, medicine, and other commodities and services; and various areas to
provide entertainment and telecommunications services, including radio
broadcasts. The establishment of such services does not require permits.
2. Broadcasting, media, and entertainment services that reach beyond the scope
of the agreed facilities and areas shall be subject to Iraqi laws.
3. Access to the Support Activities Services shall be limited to members of the
United States Forces and of the civilian component, United States contractors,
United States contractor employees, and other persons and entities that are
agreed upon. The authorities of the United States Forces shall take appropriate
actions to prevent misuse of the services provided by the mentioned activities,
and prevent the sale or resale of aforementioned goods and services to persons
not authorized access to these entities or to benefit from their services. The
United States Forces will determine broadcasting and television programs to
authorized recipients.
4. The service support entities and activities referred to in this Article
shall be granted the same financial and customs exemptions granted to the United
States Forces, including exemptions guaranteed in Articles 15 and 16 of this
Agreement. These entities and activities that offer services shall be operated
and managed in accordance with United States regulations; these entities and
activities shall not be obligated to collect nor pay taxes or other fees related
to the activities in connection with their operations.
5. The mail sent through the military post service shall be certified by United
States Forces authorities and shall be exempt from inspection, search, and
seizure by Iraqi authorities, except for non-official mail that may be subject
to electronic observation. Questions arising in the course of implementation of
this paragraph shall be addressed by the concerned Joint Sub-Committee and
resolved by mutual agreement. The concerned Joint Sub-Committee shall
periodically inspect the mechanisms by which the United States Forces
authorities certify military mail.
Article 20
Currency and foreign exchange
1. The United States Forces shall have the right to use any amount of cash in
United States currency or financial instruments with a designated value in
United States currency exclusively for the purposes of this Agreement. Use of
Iraqi currency and special banks by the United States Forces shall be in
accordance with Iraqi laws.
2. The United States Forces may not export Iraqi currency from Iraq, and shall
take measures to ensure that members of the United States Forces, of the
civilian component, and United States contractors and United States contractor
employees do not export Iraqi currency from Iraq.
Article 21
Claims
1. With the exception of claims arising from contracts, each Party shall waive
the right to claim compensation against the other Party for any damage, loss, or
destruction of property, or compensation for injuries or deaths that could
happen to members of the force or civilian component of either Party arising out
of the performance of their official duties in Iraq.
2. United States Forces authorities shall pay just and reasonable compensation
in settlement of meritorious third party claims arising out of acts, omissions,
or negligence of members of the United States Forces and of the civilian
component done in the performance of their official duties and incident to the
non-combat activities of the United States Forces. United States Forces
authorities may also settle meritorious claims not arising from the performance
of official duties. All claims in this paragraph shall be settled expeditiously
in accordance with the laws and regulations of the United States. In settling
claims, United States Forces authorities shall take into account any report of
investigation or opinion regarding liability or amount of damages issued by
Iraqi authorities.
3. Upon the request of either Party, the Parties shall consult immediately
through the Joint Committee or, if necessary, the Joint Ministerial Committee,
where issues referred to in paragraphs 1 and 2 above require review.
Article 22
Detention
1. No detention or arrest may be carried out by the United States Forces
(except with respect to detention or arrest of members of the United States
Forces and of the civilian component) except through an Iraqi decision issued in
accordance with Iraqi law and pursuant to Article 4.
2. In the event the United States Forces detain or arrest persons as authorized
by this Agreement or Iraqi law, such persons must be handed over to competent
Iraqi authorities within 24 hours from the time of their detention or arrest.
3. The Iraqi authorities may request assistance from the United States Forces
in detaining or arresting wanted individuals.
4. Upon entry into force of this Agreement, the United States Forces shall
provide to the Government of Iraq available information on all detainees who are
being held by them. Competent Iraqi authorities shall issue arrest warrants for
persons who are wanted by them. The United States Forces shall act in full and
effective coordination with the Government of Iraq to turn over custody of such
wanted detainees to Iraqi authorities pursuant to a valid Iraqi arrest warrant
and shall release all the remaining detainees in a safe and orderly manner,
unless otherwise requested by the Government of Iraq and in accordance with
Article 4 of this Agreement.
5. The United States Forces may not search houses or other real estate
properties except by order of an Iraqi judicial warrant and in full coordination
with the Government of Iraq, except in the case of actual combat operations
conducted pursuant to Article 4.
Article 23
Implementation
Implementation of this Agreement and the settlement of disputes arising from the
interpretation and application thereof shall be vested in the following bodies:
1. A Joint Ministerial Committee shall be established with participation at the
Ministerial level determined by both Parties. The Joint Ministerial Committee
shall deal with issues that are fundamental to the interpretation and
implementation of this Agreement.
2. The Joint Ministerial Committee shall establish a JMOCC consisting of
representatives from both Parties. The JMOCC shall be co-chaired by
representatives of each Party.
3. The Joint Ministerial Committee shall also establish a Joint Committee
consisting of representatives to be determined by both Parties. The Joint
Committee shall be co-chaired by representatives of each Party, and shall deal
with all issues related to this Agreement outside the exclusive competence of
the JMOCC.
4. In accordance with paragraph 3 of this Article, the Joint Committee shall
establish Joint Sub-Committees in different areas to consider the issues arising
under this Agreement according to their competencies.
Article 24
Withdrawal of the United States Forces from Iraq
Recognizing the performance and increasing capacity of the Iraqi Security
Forces, the assumption of full security responsibility by those Forces, and
based upon the strong relationship between the Parties, an agreement on the
following has been reached:
1. All the United States Forces shall withdraw from all Iraqi territory no
later than December 31, 2011.
2. All United States combat forces shall withdraw from Iraqi cities, villages,
and localities no later than the time at which Iraqi Security Forces assume full
responsibility for security in an Iraqi province, provided that such withdrawal
is completed no later than June 30, 2009.
3. United States combat forces withdrawn pursuant to paragraph 2 above shall
be stationed in the agreed facilities and areas outside cities, villages, and
localities to be designated by the JMOCC before the date established in
paragraph 2 above.
4. The United States recognizes the sovereign right of the Government of Iraq
to request the departure of the United States Forces from Iraq at any time. The
Government of Iraq recognizes the sovereign right of the United States to
withdraw the United States Forces from Iraq at any time.
5. The Parties agree to establish mechanisms and arrangements to reduce the
number of the United States Forces during the periods of time that have been
determined, and they shall agree on the locations where the United States Forces
will be present.
Article 25
Measures to Terminate the Application of Chapter VII to Iraq
Acknowledging the right of the Government of Iraq not to request renewal of the
Chapter VII authorization for and mandate of the multinational forces contained
in United Nations Security Council Resolution 1790 (2007) that ends on December
31, 2008;
Taking note of the letters to the UN Security Council from the Prime Minister of
Iraq and the Secretary of State of the United States dated December 7 and
December 10, 2007, respectively, which are annexed to Resolution 1790;
Taking note of section 3 of the Declaration of Principles for a Long-Term
Relationship of Cooperation and Friendship, signed by the President of the
United States and the Prime Minister of Iraq on November 26, 2007, which
memorialized Iraq’s call for extension of the above-mentioned mandate for a
final period, to end not later than December 31, 2008:
Recognizing also the dramatic and positive developments in Iraq, and noting that
the situation in Iraq is fundamentally different than that which existed when
the UN Security Council adopted Resolution 661 in 1990, and in particular that
the threat to international peace and security posed by the Government of Iraq
no longer exists, the Parties affirm in this regard that with the termination on
December 31, 2008 of the Chapter VII mandate and authorization for the
multinational force contained in Resolution 1790, Iraq should return to the
legal and international standing that it enjoyed prior to the adoption of UN
Security Council Resolution 661 (1990), and that the United States shall use its
best efforts to help Iraq take the steps necessary to achieve this by December
31, 2008.
Article 26
Iraqi Assets
1. To enable Iraq to continue to develop its national economy through the
rehabilitation of its economic infrastructure, as well as providing necessary
essential services to the Iraqi people, and to continue to safeguard Iraq’s
revenues from oil and gas and other Iraqi resources and its financial and
economic assets located abroad, including the Development Fund for Iraq, the
United States shall ensure maximum efforts to:
a. Support Iraq to obtain forgiveness of international debt resulting from the
policies of the former regime.
b. Support Iraq to achieve a comprehensive and final resolution of outstanding
reparation claims inherited from the previous regime, including compensation
requirements imposed by the UN Security Council on Iraq.
2. Recognizing and understanding Iraq’s concern with claims based on actions
perpetrated by the former regime, the President of the United States has
exercised his authority to protect from United States judicial process the
Development Fund for Iraq and certain other property in which Iraq has an
interest. The United States shall remain fully and actively engaged with the
Government of Iraq with respect to continuation of such protections and with
respect to such claims.
3. Consistent with a letter from the President of the United States to be sent
to the Prime Minister of Iraq, the United States remains committed to assist
Iraq in connection with its request that the UN Security Council extend the
protections and other arrangements established in Resolution 1483 (2003) and
Resolution 1546 (2003) for petroleum, petroleum products, and natural gas
originating in Iraq, proceeds and obligations from sale thereof, and the
Development Fund for Iraq.
Article 27
Deterrence of Security Threats
In order to strengthen security and stability in Iraq and to contribute to the
maintenance of international peace and stability, the Parties shall work
actively to strengthen the political and military capabilities of the Republic
of Iraq to deter threats against its sovereignty, political independence,
territorial integrity, and its constitutional federal democratic system. To
that end, the Parties agree as follows:
In the event of any external or internal threat or aggression against Iraq
that would violate its sovereignty, political independence, or territorial
integrity, waters, airspace, its democratic system or its elected
institutions, and upon request by the Government of Iraq, the Parties shall
immediately initiate strategic deliberations and, as may be mutually agreed,
the United States shall take appropriate measures, including diplomatic,
economic, or military measures, or any other measure, to deter such a threat.
The Parties agree to continue close cooperation in strengthening and
maintaining military and security institutions and democratic political
institutions in Iraq, including, as may be mutually agreed, cooperation in
training, equipping, and arming the Iraqi Security Forces, in order to combat
domestic and international terrorism and outlaw groups, upon request by the
Government of Iraq.
Iraqi land, sea, and air shall not be used as a launching or transit point for
attacks against other countries.
Article 28
The Green Zone
Upon entry into force of this Agreement the Government of Iraq shall have full
responsibility for the Green Zone. The Government of Iraq may request from the
United States Forces limited and temporary support for the Iraqi authorities in
the mission of security for the Green Zone. Upon such request, relevant Iraqi
authorities shall work jointly with the United States Forces authorities on
security for the Green Zone during the period determined by the Government of
Iraq.
Article 29
Implementing Mechanisms
Whenever the need arises, the Parties shall establish appropriate mechanisms for
implementation of Articles of this Agreement, including those that do not
contain specific implementation mechanisms.
Article 30
The Period for which the Agreement is Effective
1. This Agreement shall be effective for a period of three years, unless
terminated sooner by either Party pursuant to paragraph 3 of this Article.
2. This Agreement shall be amended only with the official agreement of the
Parties in writing and in accordance with the constitutional procedures in
effect in both countries.
3. This Agreement shall terminate one year after a Party provides written
notification to the other Party to that effect.
4. This Agreement shall enter into force on January 1, 2009, following an
exchange of diplomatic notes confirming that the actions by the Parties
necessary to bring the Agreement into force in accordance with each Party’s
respective constitutional procedures have been completed.
Signed in duplicate in Baghdad on this 17th day of November, 2008, in the
English and Arabic languages, each text being equally authentic.
FOR THE UNITED STATES OF AMERICA:
FOR THE REPUBLIC OF IRAQ:
Babylon & Beyond
Prime Minister Nouri Maliki went on national TV on Tuesday to appeal for support for SOFA and to explain why he thinks it's the best option for Iraq. He made a point of stressing the last-minute concessions Iraq won from the United States, which can be noted by comparing the newest version with an earlier draft we posted last month.
Here briefly are some important elements to note in the new SOFA. The full text follows.
-- Article 5, under the "Property Ownership" heading, makes clear that U.S. forces will hand over to Iraq all the facilities and areas used by U.S. troops during their deployment. This wording is stronger than in the earlier draft and presumably aimed at erasing the idea that permanent bases could be established in Iraq.
-- Article 11 contains a new clause. It says U.S. forces may use telecommunications systems only to carry out their missions as outlined in the SOFA. This might be aimed at preventing the use of phone tapping or other surveillance.
-- Article 12, dealing with jurisdiction, was one of the main sticking points that held up earlier SOFA deals. The final draft has two important points: It gives Iraq the primary right to exercise jurisdiction over U.S. contractors and their employees, meaning private security contractors such as Blackwater or employees of other contractors here could be arrested and tried in Iraq without U.S. protection. And it makes clear that Iraq should also have primary jurisdiction over U.S. troops accused of serious crimes under some circumstances.
--Article 24, dealing with withdrawal dates, contains an important change from the earlier draft. The section giving Iraq the right to request that some U.S. forces extend their stays to provide training and support to Iraqi troops is gone, an omission aimed at alleviating fears that the Dec. 31, 2011, date is not set in stone.
-- Article 27, on the deterrence of security threats, has a crucial addition that was not in the earlier draft. The clause bars the use of Iraqi territory as a launching or transit point for attacks against other countries.
-- Article 30, outlining the pact's lifespan, has a small but important change. A phrase that had alluded to the sides being able to "extend" the agreement has been erased. Instead, it says only that the deal can be "amended" if both parties agree. The change clearly was intended to satisfy skeptics' concerns that the pact was written with the idea of extension in mind.
And now, the new SOFA:
Agreement
Between the United States of America and the Republic of Iraq
On the Withdrawal of United States Forces from Iraq and the Organization of
Their Activities during Their Temporary Presence in Iraq
Preamble
The United States of America and the Republic of Iraq, referred to hereafter as
“the Parties”:
Recognizing the importance of: strengthening their joint security, contributing
to world peace and stability, combating terrorism in Iraq, and cooperating in
the security and defense spheres, thereby deterring aggression and threats
against the sovereignty, security, and territorial integrity of Iraq and against
its democratic, federal, and constitutional system;
Affirming that such cooperation is based on full respect for the sovereignty of
each of them in accordance with the purposes and principles of the United
Nations Charter;
Out of a desire to reach a common understanding that strengthens cooperation
between them;
Without prejudice to Iraqi sovereignty over its territory, waters, and airspace;
and
Pursuant to joint undertakings as two sovereign, independent, and coequal
countries;
Have agreed to the following:
Article 1
Scope and Purpose
This Agreement shall determine the principal provisions and requirements that
regulate the temporary presence, activities, and withdrawal of the United States
Forces from Iraq.
Article 2
Definition of Terms
1. “Agreed facilities and areas” are those Iraqi facilities and areas owned by
the Government of Iraq that are in use by the United States Forces during the
period in which this Agreement is in force.
2. “United States Forces” means the entity comprising the members of the United
States Armed Forces, their associated civilian component, and all property,
equipment, and material of the United States Armed Forces present in the
territory of Iraq.
3. “Member of the United States Forces” means any individual who is a member of
the United States Army, Navy, Air Force, Marine Corps, or Coast Guard.
4. “Member of the civilian component” means any civilian employed by the United
States Department of Defense. This term does not include individuals normally
resident in Iraq.
5. “United States contractors” and “United States contractor employees” mean
non-Iraqi persons or legal entities, and their employees, who are citizens of
the United States or a third country and who are in Iraq to supply goods,
services, and security in Iraq to or on behalf of the United States Forces under
a contract or subcontract with or for the United States Forces. However, the
terms do not include persons or legal entities normally resident in the
territory of Iraq.
6. “Official vehicles” means commercial vehicles that may be modified for
security purposes and are basically designed for movement on various roads and
designated for transportation of personnel.
7. “Military vehicles” means all types of vehicles used by the United States
Forces, which were originally designated for use in combat operations and
display special distinguishing numbers and symbols according to applicable
United States Forces instructions and regulations.
8. “Defense equipment” means systems, weapons, supplies, equipment, munitions,
and materials exclusively used in conventional warfare that are required by the
United States Forces in connection with agreed activities under this Agreement
and are not related, either directly or indirectly, to systems of weapons of
mass destruction (chemical weapons, nuclear weapons, radiological weapons,
biological weapons, and related waste of such weapons).
9. “Storage” means the keeping of defense equipment required by the United
States Forces in connection with agreed activities under this Agreement.
10. “Taxes and duties” means all taxes, duties (including customs duties),
fees, of whatever kind, imposed by the Government of Iraq, or its agencies, or
governorates under Iraqi laws and regulations. However, the term does not
include charges by the Government of Iraq, its agencies, or governorates for
services requested and received by the United States Forces.
Article 3
Laws
1. While conducting military operations pursuant to this Agreement, it is the
duty of members of the United States Forces and of the civilian component to
respect Iraqi laws, customs, traditions, and conventions and to refrain from any
activities that are inconsistent with the letter and spirit of this Agreement.
It is the duty of the United States to take all necessary measures for this
purpose.
2. With the exception of members of the United States Forces and of the
civilian component, the United States Forces may not transfer any person into or
out of Iraq on vehicles, vessels, or aircraft covered by this Agreement, unless
in accordance with applicable Iraqi laws and regulations, including implementing
arrangements as may be agreed to by the Government of Iraq.
Article 4
Missions
1. The Government of Iraq requests the temporary assistance of the United
States Forces for the purposes of supporting Iraq in its efforts to maintain
security and stability in Iraq, including cooperation in the conduct of
operations against al-Qaeda and other terrorist groups, outlaw groups, and
remnants of the former regime.
2. All such military operations that are carried out pursuant to this Agreement
shall be conducted with the agreement of the Government of Iraq. Such
operations shall be fully coordinated with Iraqi authorities. The coordination
of all such military operations shall be overseen by a Joint Military Operations
Coordination Committee (JMOCC) to be established pursuant to this Agreement.
Issues regarding proposed military operations that cannot be resolved by the
JMOCC shall be forwarded to the Joint Ministerial Committee.
3. All such operations shall be conducted with full respect for the Iraqi
Constitution and the laws of Iraq. Execution of such operations shall not
infringe upon the sovereignty of Iraq and its national interests, as defined by
the Government of Iraq. It is the duty of the United States Forces to respect
the laws, customs, and traditions of Iraq and applicable international law.
4. The Parties shall continue their efforts to cooperate to strengthen Iraq’s
security capabilities including, as may be mutually agreed, on training,
equipping, supporting, supplying, and establishing and upgrading logistical
systems, including transportation, housing, and supplies for Iraqi Security
Forces.
5. The Parties retain the right to legitimate self defense within Iraq, as
defined in applicable international law.
Article 5
Property Ownership
1. Iraq owns all buildings, non-relocatable structures, and assemblies
connected to the soil that exist on agreed facilities and areas, including those
that are used, constructed, altered, or improved by the United States Forces.
2. Upon their withdrawal, the United States Forces shall return to the
Government of Iraq all the facilities and areas provided for the use of the
combat forces of the United States, based on two lists. The first list of
agreed facilities and areas shall take effect upon the entry into force of the
Agreement. The second list shall take effect no later than June 30, 2009, the
date for the withdrawal of combat forces from the cities, villages, and
localities. The Government of Iraq may agree to allow the United States Forces
the use of some necessary facilities for the purposes of this Agreement on
withdrawal.
3. The United States shall bear all costs for construction, alterations, or
improvements in the agreed facilities and areas provided for its exclusive use.
The United States Forces shall consult with the Government of Iraq regarding
such construction, alterations, and improvements, and must seek approval of the
Government of Iraq for major construction and alteration projects. In the
event that the use of agreed facilities and areas is shared, the two Parties
shall bear the costs of construction, alterations, or improvements
proportionately.
4. The United States shall be responsible for paying the costs for services
requested and received in the agreed facilities and areas exclusively used by
it, and both Parties shall be proportionally responsible for paying the costs
for services requested and received in joint agreed facilities and areas.
5. Upon the discovery of any historical or cultural site or finding any
strategic resource in agreed facilities and areas, all works of construction,
upgrading, or modification shall cease immediately and the Iraqi representatives
at the Joint Committee shall be notified to determine appropriate steps in that
regard.
6. The United States shall return agreed facilities and areas and any
non-relocatable structures and assemblies on them that it had built, installed,
or established during the term of this Agreement, according to mechanisms and
priorities set forth by the Joint Committee. Such facilities and areas shall be
handed over to the Government of Iraq free of any debts and financial burdens.
7. The United States Forces shall return to the Government of Iraq the agreed
facilities and areas that have heritage, moral, and political significance and
any non-relocatable structures and assemblies on them that it had built,
installed, or established, according to mechanisms, priorities, and a time
period as mutually agreed by the Joint Committee, free of any debts or financial
burdens.
8. The United States Forces shall return the agreed facilities and areas to the
Government of Iraq upon the expiration or termination of this Agreement, or
earlier as mutually agreed by the Parties, or when such facilities are no longer
required as determined by the JMOCC, free of any debts or financial burdens.
9. The United States Forces and United States contractors shall retain title to
all equipment, materials, supplies, relocatable structures, and other movable
property that was legitimately imported into or legitimately acquired within the
territory of Iraq in connection with this Agreement.
Article 6
Use of Agreed Facilities and Areas
1. With full respect for the sovereignty of Iraq, and as part of exchanging
views between the Parties pursuant to this Agreement, Iraq grants access and use
of agreed facilities and areas to the United States Forces, United States
contractors, United States contractor employees, and other individuals or
entities as agreed upon by the Parties.
2. In accordance with this Agreement, Iraq authorizes the United States Forces
to exercise within the agreed facilities and areas all rights and powers that
may be necessary to establish, use, maintain, and secure such agreed facilities
and areas. The Parties shall coordinate and cooperate regarding exercising
these rights and powers in the agreed facilities and areas of joint use.
3. The United States Forces shall assume control of entry to agreed facilities
and areas that have been provided for its exclusive use. The Parties shall
coordinate the control of entry into agreed facilities and areas for joint use
and in accordance with mechanisms set forth by the JMOCC. The Parties shall
coordinate guard duties in areas adjacent to agreed facilities and areas through
the JMOCC.
Article 7
Positioning and Storage of Defense Equipment
The United States Forces may place within agreed facilities and areas and in
other temporary locations agreed upon by the Parties defense equipment,
supplies, and materials that are required by the United States Forces in
connection with agreed activities under this Agreement. The use and storage of
such equipment shall be proportionate to the temporary missions of the United
States Forces in Iraq pursuant to Article 4 of this Agreement and shall not be
related, either directly or indirectly, to systems of weapons of mass
destruction (chemical weapons, nuclear weapons, radiological weapons, biological
weapons, and related waste of such weapons). The United States Forces shall
control the use and relocation of defense equipment that they own and are stored
in Iraq. The United States Forces shall ensure that no storage depots for
explosives or munitions are near residential areas, and they shall remove such
materials stored therein. The United States shall provide the Government of
Iraq with essential information on the numbers and types of such stocks.
Article 8
Protecting the Environment
Both Parties shall implement this Agreement in a manner consistent with
protecting the natural environment and human health and safety. The United
States reaffirms its commitment to respecting applicable Iraqi environmental
laws, regulations, and standards in the course of executing its policies for the
purposes of implementing this Agreement.
Article 9
Movement of Vehicles, Vessels, and Aircraft
1. With full respect for the relevant rules of land and maritime safety and
movement, vessels and vehicles operated by or at the time exclusively for the
United States Forces may enter, exit, and move within the territory of Iraq for
the purposes of implementing this Agreement. The JMOCC shall develop
appropriate procedures and rules to facilitate and regulate the movement of
vehicles.
2. With full respect for relevant rules of safety in aviation and air
navigation, United States Government aircraft and civil aircraft that are at the
time operating exclusively under a contract with the United States Department of
Defense are authorized to over-fly, conduct airborne refueling exclusively for
the purposes of implementing this Agreement over, and land and take off within,
the territory of Iraq for the purposes of implementing this Agreement. The Iraqi
authorities shall grant the aforementioned aircraft permission every year to
land in and take off from Iraqi territory exclusively for the purposes of
implementing this Agreement. United States Government aircraft and civil
aircraft that are at the time operating exclusively under a contract with the
United States Department of Defense, vessels, and vehicles shall not have any
party boarding them without the consent of the authorities of the United States
Forces. The Joint Sub-Committee concerned with this matter shall take
appropriate action to facilitate the regulation of such traffic.
3. Surveillance and control over Iraqi airspace shall transfer to Iraqi
authority immediately upon entry into force of this Agreement.
4. Iraq may request from the United States Forces temporary support for the
Iraqi authorities in the mission of surveillance and control of Iraqi air space.
5. United States Government aircraft and civil aircraft that are at the time
operating exclusively under contract to the United States Department of Defense
shall not be subject to payment of any taxes, duties, fees, or similar charges,
including overflight or navigation fees, landing, and parking fees at government
airfields. Vehicles and vessels owned or operated by or at the time exclusively
for the United States Forces shall not be subject to payment of any taxes,
duties, fees, or similar charges, including for vessels at government ports.
Such vehicles, vessels, and aircraft shall be free from registration
requirements within Iraq.
6. The United States Forces shall pay fees for services requested and received.
7. Each Party shall provide the other with maps and other available information
on the location of mine fields and other obstacles that can hamper or jeopardize
movement within the territory and waters of Iraq.
Article 10
Contracting Procedures
The United States Forces may select contractors and enter into contracts in
accordance with United States law for the purchase of materials and services in
Iraq, including services of construction and building. The United States Forces
shall contract with Iraqi suppliers of materials and services to the extent
feasible when their bids are competitive and constitute best value. The United
States Forces shall respect Iraqi law when contracting with Iraqi suppliers and
contractors and shall provide Iraqi authorities with the names of Iraqi
suppliers and contractors, and the amounts of relevant contracts.
Article 11
Services and Communications
1. The United States Forces may produce and provide water, electricity, and
other services to agreed facilities and areas in coordination with the Iraqi
authorities through the Joint Sub-Committee concerned with this matter.
2. The Government of Iraq owns all frequencies. Pertinent Iraqi authorities
shall allocate to the United States Forces such frequencies as coordinated by
both Parties through the JMOCC. The United States Forces shall return
frequencies allocated to them at the end of their use not later than the
termination of this Agreement.
3. The United States Forces shall operate their own telecommunications systems
in a manner that fully respects the Constitution and laws of Iraq and in
accordance with the definition of the term “telecommunications” contained in the
Constitution of the International Union of Telecommunications of 1992, including
the right to use necessary means and services of their own systems to ensure the
full capability to operate systems of telecommunications.
4. For the purposes of this Agreement, the United States Forces are exempt from
the payment of fees to use transmission airwaves and existing and future
frequencies, including any administrative fees or any other related charges.
5. The United States Forces must obtain the consent of the Government of Iraq
regarding any projects of infrastructure for communications that are made
outside agreed facilities and areas exclusively for the purposes of this
Agreement in accordance with Article 4, except in the case of actual combat
operations conducted pursuant to Article 4.
6. The United States Forces shall use telecommunications systems exclusively
for the purposes of this Agreement.
Article 12
Jurisdiction
Recognizing Iraq’s sovereign right to determine and enforce the rules of
criminal and civil law in its territory, in light of Iraq’s request for
temporary assistance from the United States Forces set forth in Article 4, and
consistent with the duty of the members of the United States Forces and the
civilian component to respect Iraqi laws, customs, traditions, and conventions,
the Parties have agreed as follows:
Iraq shall have the primary right to exercise jurisdiction over members of the
United States Forces and of the civilian component for the grave premeditated
felonies enumerated pursuant to paragraph 8, when such crimes are committed
outside agreed facilities and areas and outside duty status.
Iraq shall have the primary right to exercise jurisdiction over United States
contractors and United States contractor employees.
The United States shall have the primary right to exercise jurisdiction over
members of the United States Forces and of the civilian component for matters
arising inside agreed facilities and areas; during duty status outside agreed
facilities and areas; and in circumstances not covered by paragraph 1.
At the request of either Party, the Parties shall assist each other in the
investigation of incidents and the collection and exchange of evidence to
ensure the due course of justice.
Members of the United States Forces and of the civilian component arrested or
detained by Iraqi authorities shall be notified immediately to United States
Forces authorities and handed over to them within 24 hours from the time of
detention or arrest. Where Iraq exercises jurisdiction pursuant to paragraph
1 of this Article, custody of an accused member of the United States Forces or
of the civilian component shall reside with United States Forces authorities.
United States Forces authorities shall make such accused persons available to
the Iraqi authorities for purposes of investigation and trial.
The authorities of either Party may request the authorities of the other Party
to waive its primary right to jurisdiction in a particular case. The
Government of Iraq agrees to exercise jurisdiction under paragraph 1 above,
only after it has determined and notifies the United States in writing within
21 days of the discovery of an alleged offense, that it is of particular
importance that such jurisdiction be exercised.
7. Where the United States exercises jurisdiction pursuant to paragraph 3 of
this Article, members of the United States Forces and of the civilian component
shall be entitled to due process standards and protections pursuant to the
Constitution and laws of the United States. Where the offense arising under
paragraph 3 of this Article may involve a victim who is not a member of the
United States Forces or of the civilian component, the Parties shall establish
procedures through the Joint Committee to keep such persons informed as
appropriate of: the status of the investigation of the crime; the bringing of
charges against a suspected offender; the scheduling of court proceedings and
the results of plea negotiations; opportunity to be heard at public sentencing
proceedings, and to confer with the attorney for the prosecution in the case;
and, assistance with filing a claim under Article 21 of this Agreement. As
mutually agreed by the Parties, United States Forces authorities shall seek to
hold the trials of such cases inside Iraq. If the trial of such cases is to be
conducted in the United States, efforts will be undertaken to facilitate the
personal attendance of the victim at the trial.
8. Where Iraq exercises jurisdiction pursuant to paragraph 1 of this Article,
members of the United States Forces and of the civilian component shall be
entitled to due process standards and protections consistent with those
available under United States and Iraqi law. The Joint Committee shall
establish procedures and mechanisms for implementing this Article, including an
enumeration of the grave premeditated felonies that are subject to paragraph 1
and procedures that meet such due process standards and protections. Any
exercise of jurisdiction pursuant to paragraph 1 of this Article may proceed
only in accordance with these procedures and mechanisms.
9. Pursuant to paragraphs 1 and 3 of this Article, United States Forces
authorities shall certify whether an alleged offense arose during duty status.
In those cases where Iraqi authorities believe the circumstances require a
review of this determination, the Parties shall consult immediately through the
Joint Committee, and United States Forces authorities shall take full account of
the facts and circumstances and any information Iraqi authorities may present
bearing on the determination by United States Forces authorities.
10. The Parties shall review the provisions of this Article every 6 months
including by considering any proposed amendments to this Article taking into
account the security situation in Iraq, the extent to which the United States
Forces in Iraq are engaged in military operations, the growth and development of
the Iraqi judicial system, and changes in United States and Iraqi law.
Article 13
Carrying Weapons and Apparel
Members of the United States Forces and of the civilian component may possess
and carry weapons that are owned by the United States while in Iraq according to
the authority granted to them under orders and according to their requirements
and duties. Members of the United States Forces may also wear uniforms during
duty in Iraq.
Article 14
Entry and Exit
1. For purposes of this Agreement, members of the United States Forces and of
the civilian component may enter and leave Iraq through official places of
embarkation and debarkation requiring only identification cards and travel
orders issued for them by the United States. The Joint Committee shall assume
the task of setting up a mechanism and a process of verification to be carried
out by pertinent Iraqi authorities.
2. Iraqi authorities shall have the right to inspect and verify the lists of
names of members of the United States Forces and of the civilian component
entering and leaving Iraq directly through the agreed facilities and areas.
Said lists shall be submitted to Iraqi authorities by the United States Forces.
For purposes of this Agreement, members of the United States Forces and of the
civilian component may enter and leave Iraq through agreed facilities and areas
requiring only identification cards issued for them by the United States. The
Joint Committee shall assume the task of setting up a mechanism and a process
for inspecting and verifying the validity of these documents.
Article 15
Import and Export
1. For the exclusive purposes of implementing this Agreement, the United
States Forces and United States contractors may import, export (items bought in
Iraq), re-export, transport, and use in Iraq any equipment, supplies, materials,
and technology, provided that the materials imported or brought in by them are
not banned in Iraq as of the date this Agreement enters into force. The
importation, re-exportation, transportation, and use of such items shall not be
subject to any inspections, licenses, or other restrictions, taxes, customs
duties, or any other charges imposed in Iraq, as defined in Article 2, paragraph
10. United States Forces authorities shall provide to relevant Iraqi
authorities an appropriate certification that such items are being imported by
the United States Forces or United States contractors for use by the United
States Forces exclusively for the purposes of this Agreement. Based on security
information that becomes available, Iraqi authorities have the right to request
the United States Forces to open in their presence any container in which such
items are being imported in order to verify its contents. In making such a
request, Iraqi authorities shall honor the security requirements of the United
States Forces and, if requested to do so by the United States Forces, shall make
such verifications in facilities used by the United States Forces. The
exportation of Iraqi goods by the United States Forces and United States
contractors shall not be subject to inspections or any restrictions other than
licensing requirements. The Joint Committee shall work with the Iraqi Ministry
of Trade to expedite license requirements consistent with Iraqi law for the
export of goods purchased in Iraq by the United States Forces for the purposes
of this Agreement. Iraq has the right to demand review of any issues arising
out of this paragraph. The Parties shall consult immediately in such cases
through the Joint Committee or, if necessary, the Joint Ministerial Committee.
2. Members of the United States Forces and of the civilian component may import
into Iraq, re-export, and use personal effect materials and equipment for
consumption or personal use. The import into, re-export from, transfer from,
and use of such imported items in Iraq shall not be subjected to licenses, other
restrictions, taxes, custom duties, or any other charges imposed in Iraq, as
defined in Article 2, paragraph 10. The imported quantities shall be reasonable
and proportionate to personal use. United States Forces authorities will take
measures to ensure that no items or material of cultural or historic
significance to Iraq are being exported.
3. Any inspections of materials pursuant to paragraph 2 by Iraqi authorities
must be done urgently in an agreed upon place and according to procedures
established by the Joint Committee.
4. Any material imported free of customs and fees in accordance with this
Agreement shall be subjected to taxes and customs and fees as defined in Article
2, paragraph 10, or any other fees valued at the time of sale in Iraq, upon sale
to individuals and entities not covered by tax exemption or special import
privileges. Such taxes and fees (including custom duties) shall be paid by the
transferee for the items sold.
5. Materials referred to in the paragraphs of this Article must not be imported
or used for commercial purposes.
Article 16
Taxes
1. Any taxes, duties, or fees as defined in Article 2, paragraph 10, with their
value determined and imposed in the territory of Iraq, shall not be imposed on
goods and services purchased by or on behalf of the United States Forces in Iraq
for official use or on goods and services that have been purchased in Iraq on
behalf of the United States Forces.
2. Members of the United States Forces and of the civilian component shall not
be responsible for payment of any tax, duty, or fee that has its value
determined and imposed in the territory of Iraq, unless in return for services
requested and received.
Article 17
Licenses or Permits
1. Valid driver’s licenses issued by United States authorities to members of
the United States Forces and of the civilian component, and to United States
contractor employees, shall be deemed acceptable to Iraqi authorities. Such
license holders shall not be subject to a test or fee for operating the
vehicles, vessels, and aircraft belonging to the United States Forces in Iraq.
2. Valid driver’s licenses issued by United States authorities to members of
the United States Forces and of the civilian component, and to United States
contractor employees, to operate personal cars within the territory of Iraq
shall be deemed acceptable to Iraqi authorities. License holders shall not be
subject to a test or fee.
3. All professional licenses issued by United States authorities to members of
the United States Forces and of the civilian component, and to United States
contractor employees shall be deemed valid by Iraqi authorities, provided such
licenses are related to the services they provide within the framework of
performing their official duties for or contracts in support of the United
States Forces, members of the civilian component, United States contractors, and
United States contractor employees, according to terms agreed upon by the
Parties.
Article 18
Official and Military Vehicles
1. Official vehicles shall display official Iraqi license plates to be agreed
upon between the Parties. Iraqi authorities shall, at the request of the
authorities of the United States Forces, issue registration plates for official
vehicles of the United States Forces without fees, according to procedures used
for the Iraqi Armed Forces. The authorities of the United States Forces shall
pay to Iraqi authorities the cost of such plates.
2. Valid registration and licenses issued by United States authorities for
official vehicles of the United States Forces shall be deemed acceptable by
Iraqi authorities.
3. Military vehicles exclusively used by the United States Forces will be
exempted from the requirements of registration and licenses, and they shall be
clearly marked with numbers on such vehicles.
Article 19
Support Activities Services
1. The United States Forces, or others acting on behalf of the United States
Forces, may assume the duties of establishing and administering activities and
entities inside agreed facilities and areas, through which they can provide
services for members of the United States Forces, the civilian component, United
States contractors, and United States contractor employees. These entities and
activities include military post offices; financial services; shops selling food
items, medicine, and other commodities and services; and various areas to
provide entertainment and telecommunications services, including radio
broadcasts. The establishment of such services does not require permits.
2. Broadcasting, media, and entertainment services that reach beyond the scope
of the agreed facilities and areas shall be subject to Iraqi laws.
3. Access to the Support Activities Services shall be limited to members of the
United States Forces and of the civilian component, United States contractors,
United States contractor employees, and other persons and entities that are
agreed upon. The authorities of the United States Forces shall take appropriate
actions to prevent misuse of the services provided by the mentioned activities,
and prevent the sale or resale of aforementioned goods and services to persons
not authorized access to these entities or to benefit from their services. The
United States Forces will determine broadcasting and television programs to
authorized recipients.
4. The service support entities and activities referred to in this Article
shall be granted the same financial and customs exemptions granted to the United
States Forces, including exemptions guaranteed in Articles 15 and 16 of this
Agreement. These entities and activities that offer services shall be operated
and managed in accordance with United States regulations; these entities and
activities shall not be obligated to collect nor pay taxes or other fees related
to the activities in connection with their operations.
5. The mail sent through the military post service shall be certified by United
States Forces authorities and shall be exempt from inspection, search, and
seizure by Iraqi authorities, except for non-official mail that may be subject
to electronic observation. Questions arising in the course of implementation of
this paragraph shall be addressed by the concerned Joint Sub-Committee and
resolved by mutual agreement. The concerned Joint Sub-Committee shall
periodically inspect the mechanisms by which the United States Forces
authorities certify military mail.
Article 20
Currency and foreign exchange
1. The United States Forces shall have the right to use any amount of cash in
United States currency or financial instruments with a designated value in
United States currency exclusively for the purposes of this Agreement. Use of
Iraqi currency and special banks by the United States Forces shall be in
accordance with Iraqi laws.
2. The United States Forces may not export Iraqi currency from Iraq, and shall
take measures to ensure that members of the United States Forces, of the
civilian component, and United States contractors and United States contractor
employees do not export Iraqi currency from Iraq.
Article 21
Claims
1. With the exception of claims arising from contracts, each Party shall waive
the right to claim compensation against the other Party for any damage, loss, or
destruction of property, or compensation for injuries or deaths that could
happen to members of the force or civilian component of either Party arising out
of the performance of their official duties in Iraq.
2. United States Forces authorities shall pay just and reasonable compensation
in settlement of meritorious third party claims arising out of acts, omissions,
or negligence of members of the United States Forces and of the civilian
component done in the performance of their official duties and incident to the
non-combat activities of the United States Forces. United States Forces
authorities may also settle meritorious claims not arising from the performance
of official duties. All claims in this paragraph shall be settled expeditiously
in accordance with the laws and regulations of the United States. In settling
claims, United States Forces authorities shall take into account any report of
investigation or opinion regarding liability or amount of damages issued by
Iraqi authorities.
3. Upon the request of either Party, the Parties shall consult immediately
through the Joint Committee or, if necessary, the Joint Ministerial Committee,
where issues referred to in paragraphs 1 and 2 above require review.
Article 22
Detention
1. No detention or arrest may be carried out by the United States Forces
(except with respect to detention or arrest of members of the United States
Forces and of the civilian component) except through an Iraqi decision issued in
accordance with Iraqi law and pursuant to Article 4.
2. In the event the United States Forces detain or arrest persons as authorized
by this Agreement or Iraqi law, such persons must be handed over to competent
Iraqi authorities within 24 hours from the time of their detention or arrest.
3. The Iraqi authorities may request assistance from the United States Forces
in detaining or arresting wanted individuals.
4. Upon entry into force of this Agreement, the United States Forces shall
provide to the Government of Iraq available information on all detainees who are
being held by them. Competent Iraqi authorities shall issue arrest warrants for
persons who are wanted by them. The United States Forces shall act in full and
effective coordination with the Government of Iraq to turn over custody of such
wanted detainees to Iraqi authorities pursuant to a valid Iraqi arrest warrant
and shall release all the remaining detainees in a safe and orderly manner,
unless otherwise requested by the Government of Iraq and in accordance with
Article 4 of this Agreement.
5. The United States Forces may not search houses or other real estate
properties except by order of an Iraqi judicial warrant and in full coordination
with the Government of Iraq, except in the case of actual combat operations
conducted pursuant to Article 4.
Article 23
Implementation
Implementation of this Agreement and the settlement of disputes arising from the
interpretation and application thereof shall be vested in the following bodies:
1. A Joint Ministerial Committee shall be established with participation at the
Ministerial level determined by both Parties. The Joint Ministerial Committee
shall deal with issues that are fundamental to the interpretation and
implementation of this Agreement.
2. The Joint Ministerial Committee shall establish a JMOCC consisting of
representatives from both Parties. The JMOCC shall be co-chaired by
representatives of each Party.
3. The Joint Ministerial Committee shall also establish a Joint Committee
consisting of representatives to be determined by both Parties. The Joint
Committee shall be co-chaired by representatives of each Party, and shall deal
with all issues related to this Agreement outside the exclusive competence of
the JMOCC.
4. In accordance with paragraph 3 of this Article, the Joint Committee shall
establish Joint Sub-Committees in different areas to consider the issues arising
under this Agreement according to their competencies.
Article 24
Withdrawal of the United States Forces from Iraq
Recognizing the performance and increasing capacity of the Iraqi Security
Forces, the assumption of full security responsibility by those Forces, and
based upon the strong relationship between the Parties, an agreement on the
following has been reached:
1. All the United States Forces shall withdraw from all Iraqi territory no
later than December 31, 2011.
2. All United States combat forces shall withdraw from Iraqi cities, villages,
and localities no later than the time at which Iraqi Security Forces assume full
responsibility for security in an Iraqi province, provided that such withdrawal
is completed no later than June 30, 2009.
3. United States combat forces withdrawn pursuant to paragraph 2 above shall
be stationed in the agreed facilities and areas outside cities, villages, and
localities to be designated by the JMOCC before the date established in
paragraph 2 above.
4. The United States recognizes the sovereign right of the Government of Iraq
to request the departure of the United States Forces from Iraq at any time. The
Government of Iraq recognizes the sovereign right of the United States to
withdraw the United States Forces from Iraq at any time.
5. The Parties agree to establish mechanisms and arrangements to reduce the
number of the United States Forces during the periods of time that have been
determined, and they shall agree on the locations where the United States Forces
will be present.
Article 25
Measures to Terminate the Application of Chapter VII to Iraq
Acknowledging the right of the Government of Iraq not to request renewal of the
Chapter VII authorization for and mandate of the multinational forces contained
in United Nations Security Council Resolution 1790 (2007) that ends on December
31, 2008;
Taking note of the letters to the UN Security Council from the Prime Minister of
Iraq and the Secretary of State of the United States dated December 7 and
December 10, 2007, respectively, which are annexed to Resolution 1790;
Taking note of section 3 of the Declaration of Principles for a Long-Term
Relationship of Cooperation and Friendship, signed by the President of the
United States and the Prime Minister of Iraq on November 26, 2007, which
memorialized Iraq’s call for extension of the above-mentioned mandate for a
final period, to end not later than December 31, 2008:
Recognizing also the dramatic and positive developments in Iraq, and noting that
the situation in Iraq is fundamentally different than that which existed when
the UN Security Council adopted Resolution 661 in 1990, and in particular that
the threat to international peace and security posed by the Government of Iraq
no longer exists, the Parties affirm in this regard that with the termination on
December 31, 2008 of the Chapter VII mandate and authorization for the
multinational force contained in Resolution 1790, Iraq should return to the
legal and international standing that it enjoyed prior to the adoption of UN
Security Council Resolution 661 (1990), and that the United States shall use its
best efforts to help Iraq take the steps necessary to achieve this by December
31, 2008.
Article 26
Iraqi Assets
1. To enable Iraq to continue to develop its national economy through the
rehabilitation of its economic infrastructure, as well as providing necessary
essential services to the Iraqi people, and to continue to safeguard Iraq’s
revenues from oil and gas and other Iraqi resources and its financial and
economic assets located abroad, including the Development Fund for Iraq, the
United States shall ensure maximum efforts to:
a. Support Iraq to obtain forgiveness of international debt resulting from the
policies of the former regime.
b. Support Iraq to achieve a comprehensive and final resolution of outstanding
reparation claims inherited from the previous regime, including compensation
requirements imposed by the UN Security Council on Iraq.
2. Recognizing and understanding Iraq’s concern with claims based on actions
perpetrated by the former regime, the President of the United States has
exercised his authority to protect from United States judicial process the
Development Fund for Iraq and certain other property in which Iraq has an
interest. The United States shall remain fully and actively engaged with the
Government of Iraq with respect to continuation of such protections and with
respect to such claims.
3. Consistent with a letter from the President of the United States to be sent
to the Prime Minister of Iraq, the United States remains committed to assist
Iraq in connection with its request that the UN Security Council extend the
protections and other arrangements established in Resolution 1483 (2003) and
Resolution 1546 (2003) for petroleum, petroleum products, and natural gas
originating in Iraq, proceeds and obligations from sale thereof, and the
Development Fund for Iraq.
Article 27
Deterrence of Security Threats
In order to strengthen security and stability in Iraq and to contribute to the
maintenance of international peace and stability, the Parties shall work
actively to strengthen the political and military capabilities of the Republic
of Iraq to deter threats against its sovereignty, political independence,
territorial integrity, and its constitutional federal democratic system. To
that end, the Parties agree as follows:
In the event of any external or internal threat or aggression against Iraq
that would violate its sovereignty, political independence, or territorial
integrity, waters, airspace, its democratic system or its elected
institutions, and upon request by the Government of Iraq, the Parties shall
immediately initiate strategic deliberations and, as may be mutually agreed,
the United States shall take appropriate measures, including diplomatic,
economic, or military measures, or any other measure, to deter such a threat.
The Parties agree to continue close cooperation in strengthening and
maintaining military and security institutions and democratic political
institutions in Iraq, including, as may be mutually agreed, cooperation in
training, equipping, and arming the Iraqi Security Forces, in order to combat
domestic and international terrorism and outlaw groups, upon request by the
Government of Iraq.
Iraqi land, sea, and air shall not be used as a launching or transit point for
attacks against other countries.
Article 28
The Green Zone
Upon entry into force of this Agreement the Government of Iraq shall have full
responsibility for the Green Zone. The Government of Iraq may request from the
United States Forces limited and temporary support for the Iraqi authorities in
the mission of security for the Green Zone. Upon such request, relevant Iraqi
authorities shall work jointly with the United States Forces authorities on
security for the Green Zone during the period determined by the Government of
Iraq.
Article 29
Implementing Mechanisms
Whenever the need arises, the Parties shall establish appropriate mechanisms for
implementation of Articles of this Agreement, including those that do not
contain specific implementation mechanisms.
Article 30
The Period for which the Agreement is Effective
1. This Agreement shall be effective for a period of three years, unless
terminated sooner by either Party pursuant to paragraph 3 of this Article.
2. This Agreement shall be amended only with the official agreement of the
Parties in writing and in accordance with the constitutional procedures in
effect in both countries.
3. This Agreement shall terminate one year after a Party provides written
notification to the other Party to that effect.
4. This Agreement shall enter into force on January 1, 2009, following an
exchange of diplomatic notes confirming that the actions by the Parties
necessary to bring the Agreement into force in accordance with each Party’s
respective constitutional procedures have been completed.
Signed in duplicate in Baghdad on this 17th day of November, 2008, in the
English and Arabic languages, each text being equally authentic.
FOR THE UNITED STATES OF AMERICA:
FOR THE REPUBLIC OF IRAQ:
Babylon & Beyond
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