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IRAQ: Latest draft of the U.S.-Iraq security agreement

October 21, 2008 |  5:59 pm

Sofa

Below is the latest draft of the U.S.-Iraq security agreement, which the Iraqi government today said needed changes and further negotiations with the Americans. The Times has the story here.

Time is running out for the sides to replace the current U.N. legal cover by the end of the year with a status of forces agreement. Failure to reach a deal would be viewed as a diplomatic setback for the Americans.

Internal Iraqi political rivalries, Iranian influence, Iraqi ambivalence toward the U.S. and American missteps have all been blamed for the current impasse. The draft was obtained from the Iraqi government side and translated from Arabic into English.  The two key sections on immunity for U.S. soldiers and the timeline for an American withdrawal, both of which Iraqi officials have expressed unhappiness about, are after the jump below, followed by the document in its entirety:

(October 13th 2008)
Agreement regarding the temporary presence for the US forces in Iraq, its activities in it and its withdrawal from it, between the United States and the Iraq's Republic

Preface

The United States and Republic of Iraq, which will be referred to both later as "both sides", both endorse the importance of: consolidate their joint security, contribution to international pace and stability, fighting terror in Iraq, cooperation in the fields of security and defense and through this countering the threats aimed towards the sovereignty, security and the unity of the Iraqi territories.

Both emphasize that a cooperation like this is based on the principles of total respect to both [countries] sovereignty according to the goals and principles of United Nations Charter as a wish from both of them to reach a common understanding that consolidate the cooperation between them without harming Iraq's sovereignty on it's territory, waters and atmosphere according to what both have vowed as jointly as mutual independent partners who enjoy sovereignty.

Both have agreed on the following:

Article 1 - Extent and Purpose

This agreement specifies the provisions and requirements that regulate the temporary presence for the US forces in Iraq, its activities in it and its withdrawal from it.

Article 2 - Defining Terms

    1. "Facilities and spaces agreed on": are the facilities and spaces owned by the government of Iraq that are used by the United States forces during the effective period of this agreement. The forces of the United States present to the government of Iraq, immediately when this agreement becomes effective, a list of all the facilities and spaces used by the United States forces started from that date for the purpose of reviewing them and agreeing on it by both sides in date not exceeding June 30th 2009. The facilities and spaces agreed upon includes also those are allowed to be permitted to the United States forces during the agreement effective period and for exclusive reasons an according to what both sides agree between each other.
    2. "United States Forces" means the Entity that include the forces' individuals, the civilian element and all the possessions, equipment and the ammunition for the Unite States forces present on the Iraqi territory.
    3. "Forces Member" means any individual belonging to the Unite States army, navy, air force, marine or coast guards.
    4. "Civilian Element Member" means any civilian working for the American Defense Department. This term doesn't include the individuals usually residing in Iraq.
    5. "Contractors with the United States" and "Employees working for contractors with United States" those terms refers to individuals or legitimate non-Iraqi entities and their employees who are American citizens or citizens of a third country who are present in Iraq to provide commodities, services and security to Iraq in addition to the United States or on its behalf. However, both terms don't include the individuals or the legitimate entities that usually resident on Iraqi territory.
    6. "Official vehicles" means business vehicles that can be modified for security purposes and designed originally to move on different roads and designed to transport individuals.
    7. "Military vehicles" means all types of vehicles that are used by the United States military originally designed to be used in combat operations carrying special recognized numbers and marks according to regulations and protocols followed in the United States.
    8. "Defensive Equipment" means the systems, ammunition, equipment, supplies and material used in conventional wars exclusively and that are needed by the United States forces regarding activities agreed upon according to this agreement. They are not related directly or indirectly to weapons of mass destruction (Chemical weapons, nuclear weapons, radiological and biological weapons and the waste related to such weapons.).
    9. "Storage" means keeping defensive equipment needed by United States forces concerned with the activities agreed on according to this agreement.

Article Three - Laws

    1. The United States Forces individuals and the civilian element individuals commit to the duty of respecting Iraqi laws, practices, covenants and traditions when performing military operations according to this agreement and abstain from any activities non complaint with the text and spirit of this agreement. The Unite States have the duty to take all necessary procedures for this purpose.
    2. For purposes for this agreement, the United States forces will coordinate with the Iraqi government to ensure entrance and exit from Iraq granted for any Iraqi citizen or citizens from any other country residing in Iraq on vehicles, ships, or airplanes included by this agreement according to Iraqi lists. Also the United States forces have to not allow the exit of any Iraqi citizen or citizen from any other nation residing in Iraq who was reported to the American authorities that he there is an arrest warrant against him [/her] by Iraqi authorities, to not leave Iraq through facilities and spaces agreed on which are available for use exclusively to the United States Forces.

Article Four - Tasks 

For the purpose of countering all internal and external threats against the Republic of Iraq and for consolidating cooperation to defeat Qaeda in Iraq and other outlaw groups, both sides as agreed on temporary basis the following:

  1. The government of Iraq will ask for temporary help from United States forces for the purposes of supporting its efforts in keeping security and stability in Iraq including cooperation in conducting operations against Qaeda organization, other terrorist groups and the outlaw groups including the former regime remnants.
  2. All military operations according to this agreement will be conducted with the agreement of the government of Iraq and with full coordination with the Iraqi authorities. The Joint Military Operations Coordination Committee (JMOCC) will supervise those military operations which will be formed according to this agreement. All cases concerned with suggested military operations where Joint Military Operations Coordination Committee can't settle will be referred to the joint ministerial committee.
  3. All those operations will be conducted with complete respect to Iraqi constitution and Iraqi laws. Conducting those operations will be in accord with Iraqi sovereignty and its national interest according to what specified by the government of Iraq. The United States duty is to respect the laws, customs and traditions of Iraq and the effective international law.
  4. Both sides will continue their efforts to cooperate in order to consolidate Iraqi security forces capabilities according to what both sides agree including training, equipping, support, back up and developing and updating logistic system (transportation, shelter and supplies to soldiers).
  5. This agreement identifies the right of both sides for self-defense and as followed by related international law.

Article Five - Property Belongings

    1. Iraq owns all non transferred buildings, constructions and structures standing in the facilities and spaces agreed upon including what the United States sues including what it constructs, change or improve.
    2. The United States will be responsible for all costs of construction, modifying or development in agreed upon facilities and spaces and allocated for exclusive use. The United States counsel with the Iraqi authorities about the works of construction, modifying and development and seeks an approval from the government of Iraq for the projects of buildings and major modifications. In case of joint use for facilities and spaces agreed upon, both sides would pay the cost of building, modification, or development according to percentage of usage. The United States pays required services fees that it would get from facilities and spaces agreed on according to exclusive usage. Both sides pay required services fee that are provided in joint facilities and spaces according to each side percentage of usage.
    3. When a historical or cultural site is discovered or in case that a strategic resource was found in the agreed facilities and spaces agreed upon, all works of construction, development or modification will cease immediately. This discovery will be reported to Iraqi representatives in the joint committee to specify the next suitable steps.
    4. The United States will return the spaces and facilities agreed upon and non transferred constructions and structures that it built installed or established during the effective period of this agreement according to mechanisms and priorities set by the joint committee. The spaces and facilities would be handed to Iraq free from any debts and financial burdens unless both sides agree otherwise.
    5. The US troops should return to Iraq all the facilities and spaces agreed upon that has traditional, moral or political importance or any facility and non transferable skeletons on them that were built, installed or established by the US forces. This according to mechanisms and priorities in definite time is previously agreed upon by the joint committee. The mentioned properties to be immediately returned to the ownership and control of the Iraqi government in the letter directed to the Iraqi minister of Foreign Affairs by the US ambassador in Iraq dated in (…) when this agreement will be active.
    6. The rest of the facilities and spaces that are agreed upon to the Iraqi authorities at the end of applying this agreement or when this agreement is no longer active or in date before that that should be agreed upon or when the US forces will not longer need these facilities according to the decisions of the joint committee.
    7. The US forces and the contracts with USA will keep the ownership of all the equipments, materials, supplies, transferable facilities and other transferable properties imported to Iraq or the ones that are being obtained inside Iraq in regards to this agreement.

Article Six  - Using the agreed upon facilities and the spaces

1-      With full consideration to Iraq sovereignty and in the frame of exchanging points of view between the 2 sides according to his agreement. Iraq gives guarantees to the US forces and the USA contractors and the employees of these contractors and other individuals and entities to reach these facilities and spaces and to use them. And when the need for these agreed upon facilities and spaces will end according to clause 6 article 5, this is according to the decision of the joint committee for coordinating the joint military operations or according to a previous agreement between the 2 sides, these facilities and spaces to be handed over to Iraq without any debts or financial burden unless the 2 sides agree otherwise.
2-      Iraq authorizes, according to agreement, the US forces inside these facilities and spaces to practice all the rights and authorities that would be necessary to establish, use, maintain and secure these agreed upon facilities and spaces. The 2 sides will coordinate and cooperate regarding practicing these rights and authorities in the agreed upon facilities and spaces that has joint usage, that might be important to establish or use these agreed upon spaces and facilities.
3-      The US Forces to control the entrance of these agreed upon facilities and spaces the ones that are being used by them exclusively. The 2 sides will coordinate regarding the entrance to the agreed upon facilities and spaces the ones that has joint usage according to mechanisms put by joint coordination committee for military operations. The 2 sides coordinate the guarding mission in the spaces adjacent to the agreed upon facilities and spaces through the joint committee for the military operation coordination.

Article Seven - Placing and storing Defense Equipments

The US forces is allowed to place inside the agreed upon facilities and spaces and in other agreed upon temporary sites defense equipments and materials they need that should have relation to the agreed upon activities according to his agreement. Using and storing these equipments should be suitable with the temporary missions of the US forces in Iraq and should not be connected directly on in directly to the systems of the Mass Destruction Weapons (Chemical Weapons, Nuclear Weapons, Radioactive weapons, Biological Weapons and the waste products related to these weapons). The US forces will control using and transferring the defense equipments owned by them that are being stored in Iraq. The USA should guarantee not to store explosives and ammos in facilities close to residential neighborhoods and they shall have the right to transfer these stored materials in facilities close to residential neighborhoods. The USA shall provide the Iraqi government will the necessary information on the numbers and types of these stocks.

Article Eight - Protecting the environment

The 2 sides shall work on executing this agreement in a way that is suitable with protecting the natural environment, health and human safety. The USA should guarantee again on its commitment to respect the Iraq environmental law, systems, and criteria in executing its policies for the purposes of this agreement.

Article Nine - Cars, ships and airplanes traffic

For the purposes of this agreement,

1-      With full respect to the safety regulations, land and marine traffic. It is allowed to the vehicles and ships that are being used by the US forces and the ones that are being used for them at the time exclusively to enter Iraqi territories, move inside and leave for purposes in applying this agreement. The joint committee for coordinating the military operations shall put the suitable regulations to ease and arrange this traffic.
2-      Taking in consideration the full respect to the related safety regulations of aviation. Authorization shall be given to the airplanes of the US government and the civilian airplanes that is working exclusively for the US government at the time according to a contract with the US ministry of Defense to fly in the Iraqi airspace and to get fuel while flying for purposes related to applying this agreement, also to land and take off in side Iraq territories for purposes related to applying this agreement. The Iraqi authorities shall give the mentioned airplanes permission each year to land on Iraqi territories and take off for purposes related to the application of this agreement. The Airplanes, ships and vehicles of the US government and the civilian airplanes that work exclusively according to a contract with the US defense Ministry shall not be subjected to the boarding of any side with the approval of the authorities of the US forces and they will not be subjected to searching. The branch joint committee related to this matter shall take the suitable measures to ease the arrangement of the aviation traffic.
3-      Observation and control over the Iraqi Airspace will be transferred to the Iraqi authorities immediately when this agreement is active. 
4-      It shall be allowed that Iraq to ask from the US forces temporary support to perform the mission of observation and control of the airspace.
5-      No taxes, fees or similar fees will be imposed on the US government airplanes or the civilian airplanes that would be working exclusively with the US ministry of Defense according to a contract at the time, this includes the fees of gliding, aviation fees, landing fees, waiting fees in the airports owned by the Iraqi government operated by the Iraqi government on the Iraqi territories. No fees will imposed on the vehicles and ships owned by the US forces or the ones that are being used at the time exclusively by the US forces, this includes the taxes, fees, or any similar fees this includes the seaports owned or managed by the Iraqi government on the Iraqi territories. These vehicles, ships and airplanes shall not be subjected to searching and to be excused from any registration fees inside Iraq.
6-      The US forces shall pay charges for the services that it might ask for and get.
7-      Both sides shall provide each other with maps and other information available on the landmines fields and other obstacles that might halt the movement inside Iraq lands and waters or might subject them to danger.

Article Ten - Contracting Procedures

The US government shall have the authorization to choose the contractors and to sign a contract according to the US law for buying services and materials in Iraq. This includes the services of building and establishing. The US forces shall sign contract as possible as it can with Iraqi importers for materials and services when their bids would be competitive and shows the best value. The US forces shall respect the Iraqi law when signing a contract with Iraqi importers for materials and services. The US forces shall provide the Iraqi authorities the names of the Iraqi importers and contractors and the values of these related contracts.

Article Eleven - Services and Communications

1-     It shall be allowed to the US forces to produce and offer water and electricity and other services for the agreed upon facilities and spaces in coordination with the Iraqi authorities through the related branch joint committee.
2-     Iraqi government shall have all the frequencies. The Iraqi authorities shall assign frequencies for the US forces through coordination between the 2 sides through the joint military operations coordination committee (JMOCC). The US forces shall return these frequencies assigned for them at the end of using them in a date not exceeding the expiry date of this agreement.
3-     The US forces shall be allowed to operate wired and wireless (According to the definition of the wired and wireless systems mentioned in the text of the International Union for the wired and wireless communications constitution for the year 1992) this would include the right to use all the means and special necessary services related to the systems to guarantee the full ability of operating. The US forces shall use the systems according to wire and wireless tables of the international Union of wire and wireless constitution.
4-      For the purposes of this agreement the US forces shall be dismissed from any requirements related in paying fees for using the broadcasting waves and the assigned frequencies or the ones that would be assigned, this includes also any administrative fees or any related fees.
5-     The US forces shall coordinate with the specialized Iraqi authorities regarding any projects for the infrastructure for communications to be done outside the agreed upon facilities and spaces for purposes related to this agreement according to article 4.

Article Twelve – Legal Jurisdiction

In recognition of Iraq’s sovereign right to identify and execute fundamental criminal and civilian aw and in light of Iraq’s request for temporary assistance from US Forces per the text in Article Four and in line with the obligation of members of the US Armed Forces and Civilian Elements to respect Iraqi Law, traditions, norms and charters, the two sides have agreed upon the following:

1. The US will have the primary right to enforce legal jurisdiction on military and civilian elements with regards to their designated facilities and agreed upon areas in addition to during missions outside said facilities and areas and excluded instances per clause 2.

2. Iraq shall have the primary right to enforce legal jurisdiction on military and civilian elements with regards to serious and premeditated crimes per clause 8 which occur beyond designated facilities and agreed upon areas and beyond the call of duty.

3. Iraqi shall have the main right to enforce legal jurisdiction on US Government contractors.

4. Both sides agree to assist one another per the request of one side in the process of investigation and the gathering and exchange of evidence in order to ensure proper legal process.

5. Military and civilian personnel shall be handed over from Iraqi authorities to US authorities once they have been detained by the former. US authorities shall be responsible for the detention of said military or civil personnel while Iraq executes its right to legal jurisdiction per clause 2 of this article. US authorities shall ensure the availability of the accused to Iraqi authorities for investigative and trial purposes.

6. Either of the agreeing parties shall have the right to request from the authorities of the other to forfeit their primary right for legal jurisdiction in certain instances. The Iraqi Government agrees to enforce legal jurisdiction per clause 2 of this article consequent to ratification and notification to the US in writing only during the course of 21 days from the discovery of a crime which supposedly took place.

7. Military and civilian personnel shall have the right to US legal standard protection per the US constitution and law in the event that the US enforces legal jurisdiction per clause 1 of this article. In the event of the perpetration of a crime falling under clause 1 of this article and whose victim is an individual residing in Iraq, both parties shall put down procedures through the joint committee to besiege involved individuals and in an appropriate manner: to investigate the crime, to address the suspect with the charges, to set a date for the trial process and the results of negotiations regarding the situation of the accused, to give the accused the opportunity to defend themselves in an open trial in which they shall be sentenced, to have legal counsel in order to follow up the case and for assistance in lodging a request per article 21 of this agreement.  US authorities where plausible and per the agreement between the two parties, shall seek to carry out trials for such cases within Iraq. In the event that a similar trial is carried out in the US, all effort shall be directed in order to facilitate the presence of the victim at the trial.

8. In the event that Iraq is to enforce legal jurisdiction per clause 2 of this article, military or civilian individuals shall have the right to legal process and guarantees in line with those provided by US and Iraqi law. The joint committee shall outline the procedures for the execution of this article, this shall account for serious and premeditated crimes falling under the provisions of clause 2 of this article. Legal jurisdiction cannot be enforced per clause 2 of this article unless said procedures are put into practice.

9. US authorities shall conclude whether the crime took place during the call of duty, per clauses 1 and 2 of this article. Both parties shall consult immediately through the joint committee in the event that the Iraqi side sees fit that this conclusion shall be taken into consideration. US authorities shall give consideration to all consequences and any information presented by the Iraqi authorities which may affect this conclusion.

10. Both parties shall review the provisions of this article every 6 months including any amendments that are suggested with consideration to the security situation in Iraq and the scope operations of US Forces, the growth and progress of the Iraqi judiciary and changes in Iraqi and US law.

Article Thirteen – Weapons and Official Uniforms

Military and Civilian personnel shall be allowed to carry weapons owned by the US Government during their presence in Iraq per authorization to them, their duties and demand. Members of the armed forces shall be allowed to wear their official uniforms during the call of duty in Iraq.

Article Fourteen – Entry and Departure

1. For the purpose of this agreement, Military and Civilian personnel shall be allowed to enter and depart Iraq from official border points utilizing identification cards and travel order documents issued by the USG. The joint committee shall devise procedures for the purpose of ensuring the authenticity of said documents. Iraqi authorities shall be responsible for inspection of these documents.

2. For the purpose of inspection and authenticity, the US Forces shall provide the Iraqi Authorities with a list of the names of US Military and Civilian personnel entering and departing from Iraq straight from the designated facilities and agreed upon areas. For the purpose of this agreement, Military and Civilian personnel shall be allowed to enter and depart Iraq from these designated facilities and areas utilizing their ID badges issued by the US.

Article Fifteen – Import and Export

1. For the sole purpose of the implementation of this agreement including training and services, US Forces and their contractors shall be allowed to import and export (Materials acquired in Iraq) and they shall be allowed to re-export, transport and use any equipment, supplies, materials, technology, training or services on the provision that these materials are not banned in Iraq as of the date of implementation of this agreement. Imported and exported materials shall not be subject to searches, authorization, customs, taxes or any form of fees imposed in Iraq, accordingly with the definitions mentioned in clause 10 of article 2. Neither shall Iraqi goods exported by US Forces and their contractors be subject to searches or restrictions except for authorization to do so. The joint committee shall work in coordination with the Iraqi Trade Ministry accordingly with Iraqi Law in order to facilitate the acquisition of licenses so that US Forces could export goods bought in Iraq as per the provisions of this agreement.

2. Military and Civilian personnel shall be allowed to import to Iraq and re-export and use personal materials and equipment for personal consumption. These shall not be subject to any form of licenses, customs, taxes or any form of fees imposed in Iraq per clause 10 from article 2 with the exception for requested services. Imported materials shall be in reasonable quantities for personal use. US Military authorities shall take the necessary steps in order to ensure that cultural heritage or historical materials are not exported.

3. Materials shall be searched by Iraqi authorities per clause 2 in a speedy manner and at a designated area and as per procedures outlined by the joint committee.

4. Any imported materials exempt from taxes per this agreement and per the definition in clause 10 of article 2 shall be subject to fees the amount of which shall be evaluated and determined at the time of sale within Iraq to individuals or entities not identified for tax exemption; said fees shall be paid to the transferee (including customs fees).

5. The materials specified in this article shall not be imported for the purpose of trade. 

Article Sixteen – Taxes

1. No estimated taxes or fees shall be imposed on goods and services bought for official use in Iraq by US Forces or their representative per clause 10 of article 2.

2. US Military and Civilian personnel shall not be taxed or subjected to fees in Iraq unless they have requested and received specific services.

Article Seventeen – Licenses and Permits

1. Iraq approves valid driving licenses issued by the USG to their Military and Civilian personnel and contractors. Iraq approves these licenses without subjecting their carriers to any fees or examinations for the use of vehicles, boats or aircraft belonging to the US Forces in Iraq.

2. Iraq approves valid driving licenses issued by the USG to their Military and Civilian personnel and contractors for the use of their private vehicles in Iraq. Iraq approves these licenses without subjecting their carriers to any fees or examinations.

3. Iraq approves all valid professional work permits issued by the USG to their Military Forces, Civilians, and contractors under the provision that these permits are relevant to the services falling within the framework of their official or contractual duties for the US Forces, Civilian and contractor individuals based upon the terms agreed upon by both parties.

Article Eighteen – Official and Military Vehicles

For the purpose of this article:
1. Official vehicles shall hereby be identified as commercial vehicles which could be modified for security purposes. These shall have official license plates issued by Iraq authorities agreed upon by both parties. Iraqi authorities shall issue registration plates for official vehicles without charging any fees per a request from US Forces and in a manner similar to the procedures utilized for Iraqi Armed Forces. US Military authorities shall disburse the cost of said plates to the Iraqi authorities.

2. Iraq approves the registration and licensing validity issued by US authorities for the official vehicles of the US Armed Forces.

3. All military vehicles utilized by US Armed Forces shall be exempt from registration and Licensing fees. These vehicles shall be distinguished with clear registration plates.

Article Nineteen – Support Activity Services

For the purpose of this Article:
1. US Armed forces or others representing said forces shall be allowed to establish and administer activities and entities within designated facilities and areas which serve members of Military Forces, civilian elements and contractors. These entities and activities include military postal offices and financial services, grocery stores, pharmacies, other services, recreational areas, wireless and ordinary telecommunications in addition to broadcasting services. These services shall not be subject to permits.

2. Broadcasting, media and recreational services going beyond designated facilities and areas shall be subject to Iraqi law.

3. Support services shall be limited to members of the US Armed Forces, their civilian and contractor elements. US authorities shall take the necessary precautions in order to prevent abuse said services and to prevent the sale or resale goods and services pointed out here in to individuals forbidden from reaching these entities and making use of these services. US authorities shall limit radio and visual broadcasting to specified elements.

4. Entities providing services mentioned in this article shall enjoy the same monetary and taxation exemptions provided to the US Forces including guaranteed exemptions specified in Articles 15 and 16 of this agreement. Said entities shall be operated and administered per US regulations.

5. Military postage shall be subject to US authority approval and relieved from searches or confiscation from Iraqi authorities with the exception of unofficial postage which may be subject to electronic monitoring. The branch joint committee shall be in charge of resolving issues which may arise within the framework of this clause; these shall be resolved by agreement of both parties. The branch joint committee shall routinely check the procedures utilized by the US authorities in order to approve military postage.

Article Twenty – Currency and Foreign Exchange Rates

1. US Armed Forces shall have the right to use any amount of US Currency or financial documents specified in US currency for the sole purpose of this agreement. The US Armed Forces’ use of Iraqi currency and private banks shall be subject to Iraqi law.

2. US Armed Forces shall be allowed the disbursement of any form of currency to their Military, Civilian and contracting personnel, in addition to be allowed to exchange for them any form of currency or financial document specified in any currency in a reasonable manner for the purpose of travel including traveling for vacation.

3. US Armed Forces shall not export Iraqi currency from Iraq and shall take necessary precaution to ensure that Military, Civilian and contracting personnel do not export Iraqi currency from Iraq.

Article Twenty-One – Claims

1. With the exception of claims relevant to contracts, both parties agree on renouncing the right to demand any claims for compensation for any damages, losses or destruction inflicted on properties, or to demand compensation for injuries or deaths inflicted upon the armed forces or civilian personnel of both parties during the course of official duty in Iraq.

2. US Armed Forces authorities shall pay reasonable and fair compensation to resolve claims benefits to a third party resulting from activities perpetrated or not perpetrated by Military and civilian individuals during the course of official duty or related to non-combat activities. US Armed Forces authorities may resolve claims benefits not resulting from official duty. US Armed Forces Authorities shall resolve these claims in a speedy manner per US regulations. Once the claim is resolved US Armed Forces authorities shall take into consideration any investigative reports or opinions released by the Iraqi authorities regarding responsibility or the magnitude of damages.

3. If any of the agreeing parties see that the issue resulting from instances specified in clauses 1 and 2 of this article needs reevaluation, both parties shall consult immediately through the joint committee or if necessary, through the joint mistrial committee.

Article Twenty-Two – Detention

1. US Armed Forces shall not detain or arrest any person (with the exception members of their own forces or civilian personnel) unless under Iraqi approval issued accordingly with Iraqi law and per article 4.

2. In the event that US Armed Forces detain or arrest a person or persons per this agreement or Iraqi law, said individuals shall be handed over to Iraqi authorities no less than 24 hours after their detention or arrest.

3. Iraqi authorities are allowed to request assistance from US Armed Forces for the purpose of detaining or arresting wanted individuals.

4. In total and active coordination with the Iraqi Government, once this agreement is implemented and unless specified otherwise by the Iraqi Government per article 4, all US Armed Forces’ detainees shall be released in a secure and orderly manner. US Armed Forces shall guarantee, once this agreement is put into implementation, the disbursement of all relevant information regarding the situation of all detainees to Iraqi officials. The US Armed Forces shall hand over a detained individual to the relevant Iraqi authorities once they present a valid arrest warrant. The relevant Iraqi authorities shall work in conjunction with US Armed Forces on this mission during this temporary period.

5. US Armed Forces are prohibited from searching homes or other properties unless specified by a legal order issued to this end with the exception of during the course of combat operations per article 4 and in coordination with relevant Iraqi authorities.

Article Twenty-Three – The application of this agreement on Other Countries

1. Iraq shall reserve the right to reach an agreement with any multi-national forces’ country to request assistance in achieving security and stability in Iraq.

2. Furthermore Iraq shall reserve the right to reach an agreement with any country or international organization for the purpose of assistance in achieving security and stability in Iraq, which may demand terms similar to the ones in this agreement.

Article Twenty-Four – Implementation

The implementation of this agreement and the resolution of any problems that may arise shall be assigned to the following associations:
1. A joint ministerial committee the members of which shall be from a ministerial level specified from both parties of this agreement. This committee shall be responsible for looking into fundamental cases to explain and implement this agreement.

2. The joint ministerial committee shall establish a joint coordination committee for the purpose of coordinating military operations. The committee shall comprise from representatives of both parties. The chairmanship of this committee for military coordination shall also be from both parties.

3. The joint ministerial committee shall establish a joint committee comprising of representatives allocated from both parties and with joint leadership. This committee shall be in charge of looking into all outstanding issues regarding this agreement and which do not fall under the expertise of the joint committee for military coordination.

4. The joint committee shall establish branch joint committees which shall be in charge of outstanding issues relevant to this agreement and per their expertise.

Article Twenty-Five – Withdrawal of US Armed Forces from Iraq

In recognition of the Iraqi Forces’ performance and increased capabilities and in light of the strong relationships between the two parties, both parties agree to the following:

1. US Armed Forces shall withdraw from Iraq at a date no later than December 31, 2011.

2. US Combat Forces shall withdraw from Iraqi cities, villages and towns at a date no later than the date that Iraqi Security Forces take over complete security responsibility in these areas, under the provision that US Forces withdraw from these aforementioned areas at a date no later than June 30, 2009.

3. US Combat Forces which have withdrawn per clause 2 of this article shall be based at designated facilities and areas outside the boundaries of cities, villages and towns which shall be specified by the joint committee for military coordination prior to the date specified in clause 2 of this article.

4. Both parties shall evaluate the progress relevant to the date specified in clause 2 of this article, and the conditions allowing both parties to request from one another either decreasing the specified period in clause 2 or extending it. Such a decrease or extension shall be subject to agreement by both parties.

5. Prior to the end of the period specified in clause 1 of this article and in light of Iraq’s assessment of the conditions, the Iraqi Government shall retain the right to request from the US Government that their forces remain for training and support purposes. In this event, a special agreement shall be put into action which shall be negotiated and signed by both parties per the law and constitutional procedures of both countries, or, the Iraqi Government could request that the US government extend the specified period in clause 1 of this article, at which time clause 2 of article 31 of this agreement shall be implemented.

6. US Armed Forces retain the right to withdraw on dates preceding the dates specified in this Article per the request from any of both parties. The US Government recognizes the Iraqi Government’s sovereign right to request withdrawal of US Forces from Iraq at any time.

Article Twenty-Six – Procedures for the termination of Clause 7

In recognition of the Iraqi Government’s right to request a renewal to the mandate of Multi-National Forces per clause 7 of UNSC resolution 1790 (2007), which ends on December 31, 2008;
And in reference to the two letters directed to the UNSC, appended to resolution 1790: a letter from the Iraqi Prime Minister and the US Secretary of State dated on the 7th and the 10th of December 2007 respectively;

And in reference to the third part of the long term Cooperative Relationship and Friendship Agreement which was signed by the US president and Iraqi Prime Minister on November 26th 2007 which recorded Iraq’s request for an extension of the abovementioned UN mandate for a final term ending at a date no later than December 31st 2008;

And in recognition of the major positive developments in Iraq, and as a reminder that the current situation in Iraq differs fundamentally from the situation in prevalence when UNSC adopted resolution 661 in the year 1990, especially since the danger that pervaded from the Iraqi Government which threatened international peace and security has been eliminated: hence both parties hereby emphasize that with the termination of the UN mandate’s 7th clause of resolution 1790(2007) on the 31st of December, 2008, Iraq shall regain its legal and international status which it enjoyed prior to UNSC resolution 661(1990), also emphasizing that the US shall do its utmost to assist Iraq to take the necessary steps to achieve this on the 31st of December, 2008.

Article Twenty-Seven – Iraqi Assets

1. In order to empower Iraq to continue developing its economic and national organization through the rehabilitation of its economic infrastructure, and in order to make fundamental services available to the Iraqi people, and to ensure the preservation of Iraqi resources such as petroleum, gas and also in order to preserve its financial and economic assets abroad, including the Iraqi Development Fund, both parties shall seek to:

a. Assist Iraq in gaining the maximum amount of exemptions from international debt resulting from the former regime.
b. To seek a final resolution regarding claims of compensation inherited from the former regime and which have as of yet not been finalized, including compensation claims imposed by UNSC.

2. In recognition of Iraq’s awareness to the outstanding claims against the actions perpetrated by the former ruling regime, and in understanding of this awareness, the President of the United States has invoked his authority to protect the Iraqi Development Fund and other financial stakes from legal action. The US shall continue working in conjunction with the Iraqi Government to ensure that this protection continues regarding such claims.

3. In line with the letter from the US President directed to the Iraqi Prime Minister dated …. 2008, the United States shall remain committed in assisting Iraq regarding its request which was lodged to UNSC to provide protection and other arrangements for petroleum, petroleum products and natural gas produced in Iraq, and other resources and commitments emerging from their sale and the Iraqi Development Fund which are arrangements outlined in UNSC resolutions 1483(2003) and 1546(2003).

Article Twenty-Eight – Deterrence of Security Threats

In order to reinforce security and stability in Iraq and the participation in maintaining international peace and security, both parties shall actively reinforce Iraq political and military capabilities and empower Iraq to deter threats to its political sovereignty, independence and unity of its land. For this purpose, both parties shall work in conjunction and very closely regarding matters of defense and security, and in this regard:

1. In the event of any foreign or internal threat or aggression against Iraq with the aim of infringing upon its political sovereignty and independence or its unity, waterways or airspace, or its democratic institutions, both parties based on a request from the Iraqi Government, agree to the immediate commencement of strategic deliberations, based upon what they might agree upon together, and the US shall take the necessary procedures, which include diplomacy, economic, military or any mix of these in order to face such a threat.

2. Both parties agree to continue close cooperation in reinforcing and maintaining security, political and democratic institutions in Iraq including and based upon what they agree with one another, cooperation in training, equipping and arming Iraqi Security Forces in order to counter domestic and international terrorism and outlaw groups, and based upon the Iraqi Government’s request.

Article Twenty-Nine – International Zone

The Iraqi Government shall have complete responsibility for the International Zone once this agreement is enforced. The Iraqi Government might request temporary support from the US Armed Forces regarding security for the International Zone in the event of which relevant Iraqi authorities shall work in conjunction with US Armed Forces to maintain security in the International Zone during a time frame specified by the Iraqi Government.

Article Thirty – Implementation Arrangements

Both parties are allowed to enter into arrangements in order to implement the clauses of this agreement.

Article Thirty-One – The Effective Duration of this Agreement

1. This agreement shall be effective for a duration of three years unless terminated prior to the period specified in paragraph 3, or unless both parties agree in writing to extend it per paragraph 2

2. This agreement could be amended or extended by agreement in writing of both parties and per constitutional procedures of both countries.

3. The agreement shall be terminated after either of the two parties receives written notice from the other to this end.

4. This agreement shall be effective starting from January 1st 2009 after the exchange of diplomatic memoranda certifying the completion of necessary procedures on both sides for the entry into the agreement, per constitutional procedures in both countries.

— Baghdad bureau

Photo: A US soldier explains to Iraqis that the road ahead is blocked following a road side bomb that denotated on September 21 2008. Credit: ALI YUSSEF/AFP/Getty Images

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