Understanding The Strategic Framework Agreement

[TrinityeXchange]

hello my friends. the other day i had a notion to go back and pull out the SFA, and doing so began to transform my iraq investment experience in a very positive way. i thought it a good idea to share with the community.

before i begin i want to establish the importance of this document. everything taking place in our world where one entity (person) intercourse with another entity (person) is understood through contract law. contract is what holds together the fabric of our commercial world and contracts are being drawn up all the time and all day long. for example, did you know that when you step onto a city bus, just your actions initiates a contract? stepping foot into a grocery store creates a binding contract? oh yes my friends. and these contracts are enforceable in a court of law. with that understood, what about the relationship between the united states and iraq.....could there be a possible contract, enforceable by international courts, that is binding between the two parties? you bet it is and that contract/agreement is the Strategic Framework Agreement.

now this study is not for everyone and will most likely only hold the attention of 2 people if i am lucky, but i will perform the study anyhow for my own edification if nothing else. the gist is this, THE SFA IS THE UNDERPINNING OF OUR ENTIRE IRAQ INVESTMENT HOPE. as we understand in complete detail what is expected through binding contract, we will better understand the riskiness of our investing. i will take it section by section over numerous days and highlight the portions of the agreement i think require specific attention.

so without further delay, starting at the preamble.....let's go deep into the contract.

=====================================================================

Preamble

The United States of America and the Republic of Iraq:

Affìrming the genuine desire ofthe two countries to establish a long-

term relationship of cooperation and friendship, based on the principle of

equality in sovereignty and the rights and principles that are enshrined in

the United Nations Charter and their common interests;

Recognizing the maj or and positive developments in Iraq that have taken

place subsequent to April 9, 2003;; the courage ofthe Iraqi people in

establishing a democratically elected government under a new

constitution; and welcoming no later than December 31, 2008, the

termination ofthe Chapter VII authorization for and mandate ofthe

multinational forces in UNSCR 1790; 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; and affìrlning in that regard that Iraq should return by

December 31, 2008 to the legal and international standing that it enjoyed

prior to the issuance of UNSCR 661;

Consistent with the Declaration of Principles for a Long-Term

Relationship of Cooperation and Friendship Between the Republic of

Iraq and the United States of America, which was signed on November

26, 2007;

Recognizing both countries’ desire to establish a long-term relationship,

the need to support the success ofthe political process, reinforce

national reconciliation Within the framework of a unified and federal

Iraq, and to build a diversified and advanced economy that ensures the

integration of Iraq into the international community; and

that such a long-term relationship in economic, diplomatic,

cultural and security fields will contribute to the strengthening and

development of democracy in Iraq, as well as ensuring that Iraq will

assume full responsibility for its security, the safety of its people, and

maintaining peace Within Iraq and among the countries of the region.

Have agreed to the following:

=====================================================================

<br class="Apple-interchange-newline">

the preamble touches on 4 important points of reference.

1. the release of iraq from internationally imposed sanctions
2. the declared principles which are to underpin a long term working relationship between the two states
3. the interest of the international community and iraq towards its economic proliferation
4. iraq/usa long-term relationship will be held in 4 fields of understanding: economic, diplomatic, cultural & security. with the expectation of a democratic government ruling the country.

points 1, 3 & 4 are easily understood in this preamble but i want to touch on point 2 in a little more detail.

[TrinityeXchange]

November 26, 2007

as we continue studying we begin to draw upon a particular theme, the united states plan to have intricate involvement in iraq's political structure, economic reform, security and cultural development. what an eye opener! what other nation have we expressed such an indepth involvement in? there is an article by npr that highlights a lot of key points. here is the article, i may touch on it later. in the meantime please note how the preamble references particular subsidiary documents of understanding namely the Declaration of Principles. the usa spells out in principle every aspect of its relationship with iraq erasing any ambiguity within the community.

Declaration of Principles for a Long-Term Relationship of Cooperation and Friendship Between the Republic of Iraq and the United States of America

As Iraqi leaders confirmed in their Communiqué signed on August 26, 2007, and endorsed by President Bush, the Governments of Iraq and the United States are committed to developing a long-term relationship of cooperation and friendship as two fully sovereign and independent states with common interests. This relationship will serve the interest of coming generations based on the heroic sacrifices made by the Iraqi people and the American people for the sake of a free, democratic, pluralistic, federal, and unified Iraq.

The relationship of cooperation envisioned by the Republic of Iraq and the United States includes a range of issues, foremost of which is cooperation in the political, economic, cultural, and security fields, taking account of the following principles:

First: The Political, Diplomatic, and Cultural Spheres

1. Supporting the Republic of Iraq in defending its democratic system against internal and external threats.

2. Respecting and upholding the Constitution as the expression of the will of the Iraqi people and standing against any attempt to impede, suspend, or violate it.

3. Supporting the efforts of the Republic of Iraq to achieve national reconciliation including as envisioned in the Communiqué of August 26.

4. Supporting the Republic of Iraq's efforts to enhance its position in regional and international organizations and institutions so that it may play a positive and constructive role in the region and the world.

5. Cooperating jointly with the states of the region on the basis of mutual respect, non-intervention in internal affairs, rejection of the use of violence in resolving disputes, and adoption of constructive dialogue in resolving outstanding problems among the various states of the region.

6. Promoting political efforts to establish positive relationships between the states of the region and the world, which serve the common goals of all relevant parties in a manner that enhances the security and stability of the region, and the prosperity of its peoples.

7. Encouraging cultural, educational, and scientific exchanges between the two countries.

Second: The Economic Sphere

1. Supporting Iraq's development in various economic fields, including its productive capabilities, and aiding its transition to a market economy.

2. Encouraging all parties to abide by their commitments as stipulated in the International Compact with Iraq.

3. Supporting the building of Iraq's economic institutions and infrastructure with the provision of financial and technical assistance to train and develop competencies and capacities of vital Iraqi institutions.

4. Supporting Iraq's further integration into regional and international financial and economic organizations.

5. Facilitating and encouraging the flow of foreign investments to Iraq, especially American investments, to contribute to the reconstruction and rebuilding of Iraq.

6. Assisting Iraq in recovering illegally exported funds and properties, especially those smuggled by the family of Saddam Hussein and his regime's associates, as well as antiquities and items of cultural heritage, smuggled before and after April 9, 2003.

7. Helping the Republic of Iraq to obtain forgiveness of its debts and compensation for the wars waged by the former regime.

8. Supporting the Republic of Iraq to obtain positive and preferential trading conditions for Iraq within the global marketplace including accession to the World Trade Organization and most favored nation status with the United States.

Third: The Security Sphere

1. Providing security assurances and commitments to the Republic of Iraq to deter foreign aggression against Iraq that violates its sovereignty and integrity of its territories, waters, or airspace.

2. Supporting the Republic of Iraq in its efforts to combat all terrorist groups, at the forefront of which is Al-Qaeda, Saddamists, and all other outlaw groups regardless of affiliation, and destroy their logistical networks and their sources of finance, and defeat and uproot them from Iraq. This support will be provided consistent with mechanisms and arrangements to be established in the bilateral cooperation agreements mentioned herein. 3. Supporting the Republic of Iraq in training, equipping, and arming the Iraqi Security Forces to enable them to protect Iraq and all its peoples, and completing the building of its administrative systems, in accordance with the request of the Iraqi government.

The Iraqi Government in confirmation of its resolute rights under existing Security Council resolutions will request to extend the mandate of the Multi-National Force-Iraq (MNF-I) under Chapter VII of the United Nations Charter for a final time. As a condition for this request, following the expiration of the above mentioned extension, Iraq's status under Chapter VII and its designation as a threat to international peace and security will end, and Iraq will return to the legal and international standing it enjoyed prior to the issuance of U.N. Security Council Resolution No. 661 (August, 1990), thus enhancing the recognition and confirming the full sovereignty of Iraq over its territories, waters, and airspace, and its control over its forces and the administration of its affairs.

Taking into account the principles discussed above, bilateral negotiations between the Republic of Iraq and the United States shall begin as soon as possible, with the aim to achieve, before July 31, 2008, agreements between the two governments with respect to the political, cultural, economic, and security spheres.

President of the United States of America

George W. BushPrime

Minister of the Republic of Iraq

Nouri Kamel Al-Maliki

[TonyDownTheShore]

thanks TrinityeXchange, so the US is involved in all aspects of getting Iraq back on their feet.

[TrinityeXchange]

thanks TrinityeXchange, so the US is involved in all aspects of getting Iraq back on their feet.

exactly my friend. and there are no suppositions. everything is spelled out and agreed to in black and white. when the goi gets off base and start acting in a way that is contrary to the agreement, we pull their chain.

[TrinityeXchange]

....continuing

so we see here that the "Declaration of Principles..." which preceded the SFA acted as its forerunner: <taken from DoP last paragraph> "Taking into account the principles discussed above, bilateral negotiations between the Republic of Iraq and the United States shall begin as soon as possible, with the aim to achieve, before July 31, 2008, agreements between the two governments with respect to the political, cultural, economic, and security spheres."

the united states sured up its investment into iraq by making it abundantly clear of its position to assist iraq in defending all opposition to iraq's democratic government and constitution. this includes opposition from within as well as without the goi. one of the most profound aspects of this prelude to the SFA is the "economic sphere" where it is outlined the united states' interest in promoting iraq's economic position into the world stage and prominence in the middle eastern region. and here is where we, the american citizen, were granted special permission by the united states to drive the avenue opened up to us as non-iraqi investors:

5. Facilitating and encouraging the flow of foreign investments to Iraq, especially American investments, to contribute to the reconstruction and rebuilding of Iraq.

anybody starting to get more confident in their investment? this my friend is why we are over there with our envoys and diplomats. we are securing our investment by protecting the contract. the same contract which protects your and my monies. this is exciting stuff and we are yet in the preamble, not having touched the actual contract agreement yet.

this will conclude my coverage of the preamble to the SFA. please be on the look out for "Section I: Principles of Cooperation" where i get into the initial section of the agreement.

be blessed my friends.

[rockfl9]

BUT when they told us to leave I assume all is null and void...Even if Iran were to attack we wont go back as direct US support...

[zigmeister]

Thanks Trinity. I like it!

[Carrello]

Trinity, we are blessed to have you in our court. What a monumental task you have taken on in order to share your findings, which are very exciting, and heck, in writing!

It is a big man that can spend their own precious time on research, but to turn around and share it with strangers, that is the mark of a special person.

I look forward to your continued findings, and thank you.

[Elixirbaby]

Great stuff. Thank you

[Butifldrm]

Thanks for the great post Trinity!

and affìrlning in that regard that Iraq should return by

December 31, 2008 to the legal and international standing that it enjoyed

prior to the issuance of UNSCR 661;

I can only think of one uncontrolled variable that has not allowed this to happen. MALIKI ! The US picked the worst group of people alive in Iraq to run the country. He's held the Iraqi government in Bondage since 2006.

In the December 2005 parliamentary elections, the United Iraqi Alliance won the plurality of seats, and nominated Ibrahim al-Jaafari to be Iraq's first full-term post-war prime minister. In April 2006, amid mounting criticism of ineffective leadership and favoritism by Kurdish and Sunni Arab politicians in parliament, al-Jaafari was forced from power. On April 22, 2006, following close U.S. involvement in the selection of a new prime minister, al-Maliki's name arose from the four that had been interviewed by the CIA on their connections to Iran (the others being Hussein al-Shahristani, Ali al-Adeeb, and one other). United States Ambassador to Iraq Zalmay Khalilzad said that "[Maliki's] reputation is as someone who is independent of Iran". Khalilzad also maintained that Iran "pressured everyone for Jaafari to stay".[9] On May 20, 2006, al-Maliki presented his Cabinet to Parliament, minus permanent ministers of Defense and of Interior. He announced that he would temporarily handle the Interior Ministry himself, and Salam al-Zobaie would temporarily act as Defense Minister. "We pray to God almighty to give us strength so we can meet the ambitious goals of our people who have suffered a lot", al-Maliki told the members of the assembly.[10] In May 2007, Dawa removed Jaafari and elected Maliki as Secretary-General of the Dawa Party.[11]

During his first term, al-Maliki vowed to crack down on insurgents who he called "organized armed groups who are acting outside the state and outside the law". He had been criticized for taking too long to name permanent interior and defense ministers, which he did on June 8, 2006,[12] just as al-Maliki and the Americans announced the killing of Al Qaeda in Iraq leader Abu Musab al-Zarqawi.[13] [14] Meanwhile, al-Maliki criticized coalition armed forces as reports of allegedly deliberate killings of Iraqi civilians (at Haditha and elsewhere) became known. He has been quoted as saying, "[t]his is a phenomenon that has become common among many of the multinational forces. No respect for citizens, smashing civilian cars and killing on a suspicion or a hunch. It's unacceptable." According to Ambassador Khalilzad, al-Maliki had been misquoted, but it was unclear in what way.[15]

al-Maliki listens to an opening speech during the Sarafiya bridge opening in Kadhimiya, Iraq in 2008.On December 30, 2006, al-Maliki signed the death warrant of Saddam Hussein and declined a stay of execution, saying there would be “no review or delay” in the event. Citing the wishes of relatives of Hussein's victims, he said, “Our respect for human rights requires us to execute him.”[16] Hussein's execution was carried out on December 30, 2006 (notably, the first Muslim day of the feast of Eid ul-Adha). After only two years, as of late 2008, the al-Malki government has witnessed improvements in the security situation in many parts of the country. In Baghdad, a peace deal signed between Moqtada al-Sadr's Mahdi Army and the government had eased tensions, though sporadic sectarian incidents continued, as did occasional fighting between U.S. forces and Shiite militiamen, particularly in Sadr City.[17] Maliki's job was complicated by the balance of power within parliament, with his position relying on the support of two Shiite blocs, that of Sadr and the Supreme Islamic Iraqi Council of Abdul Aziz al-Hakim, that his Dawa party has often been at odds with.[18] Progress has also frequently been blocked by Sunni Arab politicians who allege that the dominant Shiite parties are pursuing sectarian advantage. Maliki has had some success in finding compromise. In July 2008 al-Maliki, who earlier in the year fought off a recall effort in parliament, convinced Sunni politicians to end a year-long boycott of the chamber and appointed some of them to cabinet positions. Analysts said the return of the Sunnis was made possible by the security gains under al-Maliki and by apparent progress in negotiations with the United States over American military withdrawal.[19] Early in his term, al-Maliki was criticized by some for alleged reluctance to tackle Shiite militias. In 2006 he complained about an American raid against a Shiite militia leader because he said it had been conducted without his approval.[20] In 2007, unnamed U.S. military officers alleged al-Maliki was replacing Iraqi commanders who had cracked down on Shiite militias with party loyalists. A al-Maliki spokesman denied the allegation.[21] His relationship with the press has often been contentious. On August 24, 2006, for example, he banned television channels from broadcasting images of bloodshed in the country and warned of legal action against those violating the order. Major General Rashid Flayah, head of a national police division added "...We are building the country with Kalashnikovs and you should help in building it with the use of your pen".[22] The international Committee to Protect Journalists (CPJ) wrote to al-Maliki complaining of a "disturbing pattern of restrictions on the press" and of the "imprisonment, intimidation, and censorship of journalists".[23] Maliki has spoken about the need to make a secure and sustainable environment for investment in order for successful reconstruction and has enacted new investment laws to try to achieve this. He has also acknowledged Iraq’s unfortunate reliance on oil to finance reconstruction thus far, although the revenue has begun to be spent on other possible revenue sources including agriculture and energy.[24] On January 2, 2007, the Wall Street Journal published an interview with al-Maliki in which he said he wished he could end his term before it expires in 2009.[25]

On December 21, 2010, al-Maliki's government was unanimously approved by parliament more than 9 months after the 2010 parliamentary election. On February 5, 2011, a spokesperson for al-Maliki said he will not run for a third term in 2014 limiting himself in the name of democracy in a nod to the protests sweeping the Arab nations.[26] In December 2011, Maliki was embroiled in a deep political crisis with Sunni opponents including Tariq al-Hashemi.[27]

http://en.wikipedia.org/wiki/Nouri_al-Maliki

[TrinityeXchange]

BUT when they told us to leave I assume all is null and void...Even if Iran were to attack we wont go back as direct US support...

hi rock. not at all. firstly my friend, contracts are not made null & void as easily as that. secondly though, it was in the contractual agreement for us to pull out of iraq. stick around and i will highlight some of these things for you. they didn't "tell us to leave", it was understood by both parties that we would not use iraq as a permanent united states war machine launch pad.

Thanks Trinity. I like it!

Trinity, we are blessed to have you in our court....I look forward to your continued findings, and thank you.

thank you so much my friends for the encouragingly kind words.

I can only think of one uncontrolled variable that has not allowed this to happen. MALIKI ! The US picked the worst group of people alive in Iraq to run the country. He's held the Iraqi government in Bondage since 2006.

thanks for the post Butifldrm! certainly it appears that maliki has caused much delay in some of the timelines drawn for iraqs emergence. however we remain encouraged and here is why. after reading through the SFA one cannot help but notice certain buzz words that maliki uses in the press; a wily fellow he is. it is the most amazing thing and i hope to point some of this out during this journey through the document. everybody aligned with this contract speaks in terms of the contract. the SFA becomes even more alive when you read through the posted articles because everyone has to give the assurance that they are acting according to the binding agreement, even maliki. you will notice how he will always speak about "defending the constitution" - the same principles expressed in the SFA & Declaration of Principles document, and many many other cliches and terms used right out of the SFA.

however lately, maliki has been slipping. his actions, or actions of his regime, are glaringly showing a misalignment to the principles and staples of the contract. so what did we see happen just recently? a diplomatic entourage from the united states step to his front door. why? because they want full accountability of his intention to hold his side of the contract. this is why all of a sudden we see such positive things happening again. we see the UN sitting with politicians to complete the oil & gas law. we see movement on the seating of the security ministers - remember there is no completed government without it in place. and so much more happening since the united states' visit.

sometimes we see people post things like, "why don't we get our own country together first before trying to get iraq together?" and similar types of remarks. what this shows is complete ignorance (and i don't mean that derogatorily) to what is really going on....CONTRACT LAW. the intent of the contract is embodied in the DoP, "...This relationship will serve the interest of coming generations based on the heroic sacrifices made by the Iraqi people and the American people for the sake of a free, democratic, pluralistic, federal, and unified Iraq. " this relationship isn't going away any time soon and if people were wise they would take advantage of the economic possibilities afforded to them as American citizens.

so to address your point, sorry for taking the long way around, maliki is not a concern. if it is determined that he is in violation of the SFA, there will be no alternative but to replace him. he is playing a very difficult balancing act of looking as if he is aligned with the contract while trying to push a 2nd effort under the table. that can only go on for so long before he is determined to be a "internal threat" to the democratic process and constitution. this is why they placed that in the contract. so that dictators could legally be dealt with and maliki himself signed off on it. if he doesn't play ball, he ultimately was a signatory to his own death warrant.

[zigmeister]

Very enlightening Trinity.

[SWFloridaGuy]

As always, very informative TrinityeXchange. Thank you.

[Alexyn1006]

Amazing work. Thank you for making the situation ever more clear. I'm very thankful for your analysis, articulate breakdown and care enough to post them.

Trinity, should they need to depose Maliki, how involved (and lengthy) might you expect that to be based on your research?

[yota691]

Thanks TrintyeXchange for the effort and all you do for DV!! I like it all, but this part!! Well it don't get any better, Thank you again!!

so to address your point, sorry for taking the long way around, maliki is not a concern. if it is determined that he is in violation of the SFA, there will be no alternative but to replace him. he is playing a very difficult balancing act of looking as if he is aligned with the contract while trying to push a 2nd effort under the table. that can only go on for so long before he is determined to be a "internal threat" to the democratic process and constitution. this is why they placed that in the contract. so that dictators could legally be dealt with and maliki himself signed off on it. if he doesn't play ball, he ultimately was a signatory to his own death warrant.

[Maggie123]

Thank You Trinity EXELLENT!

Thank You for your input too, Butifldrm.

Much Appreciated.

[Northern Lights]

Thanks for the very informative post(s). I have always thought that nothing like this just "happens". This entire scenario of which, I believe is very close to being over, has been a very long thought-out plan. Many try to guess, but very few actually know what and when this process will reach its end. I feel very strongly, maybe wishfully so, that there are so many PTB in this that this will end in our favor. Both Iraq and others all really want the same thing - success. I feel very good about this speculative investment, just getting antsy waiting for it. I don't know how some of you that have been in this for 7- 8 years have remained so grounded. I am glad Adam has this site where I can go to for information instead of the constant Guru garbage.

[Laid Back]

Thanks for sharing.

Go Rv

[gp49]

Thanks Trinity. This is some of the best I have read about this for sure. Keep it coming.

[TrinityeXchange]

thank you all. just an fyi that i have posted part 2 if anyone is interested.