Adam Montana Posted October 9, 2009 Report Share Posted October 9, 2009 Scott sent this to a member, who forwarded it to me. Thanks!AgreementBetween the United States of America and the Republic of IraqOn the Withdrawal of United States Forces from Iraq and theOrganization of Their Activities during Their Temporary Presence inIraqPreambleThe United States of America and the Republic of Iraq, referred to hereafteras 1 Link to comment Share on other sites More sharing options...
Adam Montana Posted October 9, 2009 Author Report Share Posted October 9, 2009 Article 5Property Ownership1. Iraq owns all buildings, non-relocatable structures, and assembliesconnected to the soil that exist on agreed facilities and areas, including thosethat are used, constructed, altered, or improved by the United States Forces.2. Upon their withdrawal, the United States Forces shall return to theGovernment of Iraq all the facilities and areas provided for the use of thecombat forces of the United States, based on two lists. The first list ofagreed facilities and areas shall take effect upon the entry into force of the|4Agreement. The second list shall take effect no later than June 30, 2009, thedate for the withdrawal of combat forces from the cities, villages, andlocalities. The Government of Iraq may agree to allow the United StatesForces the use of some necessary facilities for the purposes of thisAgreement on withdrawal.3. The United States shall bear all costs for construction, alterations, orimprovements in the agreed facilities and areas provided for its exclusiveuse. The United States Forces shall consult with the Government of Iraqregarding such construction, alterations, and improvements, and must seekapproval of the Government of Iraq for major construction and alterationprojects. In the event that the use of agreed facilities and areas is shared,the two Parties shall bear the costs of construction, alterations, orimprovements proportionately.4. The United States shall be responsible for paying the costs for servicesrequested and received in the agreed facilities and areas exclusively used byit, and both Parties shall be proportionally responsible for paying the costsfor services requested and received in joint agreed facilities and areas.5. Upon the discovery of any historical or cultural site or finding anystrategic resource in agreed facilities and areas, all works of construction,upgrading, or modification shall cease immediately and the Iraqirepresentatives at the Joint Committee shall be notified to determineappropriate 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, orestablished during the term of this Agreement, according to mechanisms andpriorities set forth by the Joint Committee. Such facilities and areas shall behanded over to the Government of Iraq free of any debts and financialburdens.7. The United States Forces shall return to the Government of Iraq theagreed facilities and areas that have heritage, moral, and politicalsignificance and any non-relocatable structures and assemblies on them thatit had built, installed, or established, according to mechanisms, priorities,and a time period as mutually agreed by the Joint Committee, free of anydebts or financial burdens.|58. The United States Forces shall return the agreed facilities and areas to theGovernment of Iraq upon the expiration or termination of this Agreement, orearlier as mutually agreed by the Parties, or when such facilities are nolonger required as determined by the JMOCC, free of any debts or financialburdens.9. The United States Forces and United States contractors shall retain title toall equipment, materials, supplies, relocatable structures, and other movableproperty that was legitimately imported into or legitimately acquired withinthe territory of Iraq in connection with this Agreement.Article 6Use of Agreed Facilities and Areas1. With full respect for the sovereignty of Iraq, and as part of exchangingviews between the Parties pursuant to this Agreement, Iraq grants access anduse of agreed facilities and areas to the United States Forces, United Statescontractors, United States contractor employees, and other individuals orentities as agreed upon by the Parties.2. In accordance with this Agreement, Iraq authorizes the United StatesForces to exercise within the agreed facilities and areas all rights and powersthat may be necessary to establish, use, maintain, and secure such agreedfacilities and areas. The Parties shall coordinate and cooperate regardingexercising these rights and powers in the agreed facilities and areas of jointuse.3. The United States Forces shall assume control of entry to agreed facilitiesand areas that have been provided for its exclusive use. The Parties shallcoordinate the control of entry into agreed facilities and areas for joint useand in accordance with mechanisms set forth by the JMOCC. The Partiesshall coordinate guard duties in areas adjacent to agreed facilities and areasthrough the JMOCC.|6Article 7Positioning and Storage of Defense EquipmentThe United States Forces may place within agreed facilities and areas and inother temporary locations agreed upon by the Parties defense equipment,supplies, and materials that are required by the United States Forces inconnection with agreed activities under this Agreement. The use and storageof such equipment shall be proportionate to the temporary missions of theUnited States Forces in Iraq pursuant to Article 4 of this Agreement andshall not be related, either directly or indirectly, to systems of weapons ofmass destruction (chemical weapons, nuclear weapons, radiologicalweapons, biological weapons, and related waste of such weapons). TheUnited States Forces shall control the use and relocation of defenseequipment that they own and are stored in Iraq. The United States Forcesshall ensure that no storage depots for explosives or munitions are nearresidential areas, and they shall remove such materials stored therein. TheUnited States shall provide the Government of Iraq with essentialinformation on the numbers and types of such stocks.Article 8Protecting the EnvironmentBoth Parties shall implement this Agreement in a manner consistent withprotecting the natural environment and human health and safety. The UnitedStates reaffirms its commitment to respecting applicable Iraqi environmentallaws, regulations, and standards in the course of executing its policies for thepurposes of implementing this Agreement. 1 Link to comment Share on other sites More sharing options...
Adam Montana Posted October 9, 2009 Author Report Share Posted October 9, 2009 Article 9Movement of Vehicles, Vessels, and Aircraft1. With full respect for the relevant rules of land and maritime safety andmovement, vessels and vehicles operated by or at the time exclusively forthe United States Forces may enter, exit, and move within the territory ofIraq for the purposes of implementing this Agreement. The JMOCC shalldevelop appropriate procedures and rules to facilitate and regulate themovement of vehicles.|72. With full respect for relevant rules of safety in aviation and airnavigation, United States Government aircraft and civil aircraft that are atthe time operating exclusively under a contract with the United StatesDepartment of Defense are authorized to over-fly, conduct airbornerefueling exclusively for the purposes of implementing this Agreement over,and land and take off within, the territory of Iraq for the purposes ofimplementing this Agreement. The Iraqi authorities shall grant theaforementioned aircraft permission every year to land in and take off fromIraqi territory exclusively for the purposes of implementing this Agreement.United States Government aircraft and civil aircraft that are at the timeoperating exclusively under a contract with the United States Department ofDefense, vessels, and vehicles shall not have any party boarding themwithout the consent of the authorities of the United States Forces. The JointSub-Committee concerned with this matter shall take appropriate action tofacilitate the regulation of such traffic.3. Surveillance and control over Iraqi airspace shall transfer to Iraqiauthority immediately upon entry into force of this Agreement.4. Iraq may request from the United States Forces temporary support for theIraqi authorities in the mission of surveillance and control of Iraqi air space.5. United States Government aircraft and civil aircraft that are at the timeoperating exclusively under contract to the United States Department ofDefense shall not be subject to payment of any taxes, duties, fees, or similarcharges, including overflight or navigation fees, landing, and parking fees atgovernment airfields. Vehicles and vessels owned or operated by or at thetime exclusively for the United States Forces shall not be subject to paymentof any taxes, duties, fees, or similar charges, including for vessels atgovernment ports. Such vehicles, vessels, and aircraft shall be free fromregistration requirements within Iraq.6. The United States Forces shall pay fees for services requested andreceived.7. Each Party shall provide the other with maps and other availableinformation on the location of mine fields and other obstacles that canhamper or jeopardize movement within the territory and waters of Iraq.|8Article 10Contracting ProceduresThe United States Forces may select contractors and enter into contracts inaccordance with United States law for the purchase of materials and servicesin Iraq, including services of construction and building. The United StatesForces shall contract with Iraqi suppliers of materials and services to theextent feasible when their bids are competitive and constitute best value.The United States Forces shall respect Iraqi law when contracting with Iraqisuppliers and contractors and shall provide Iraqi authorities with the namesof Iraqi suppliers and contractors, and the amounts of relevant contracts.Article 11Services and Communications1. The United States Forces may produce and provide water, electricity, andother services to agreed facilities and areas in coordination with the Iraqiauthorities through the Joint Sub-Committee concerned with this matter.2. The Government of Iraq owns all frequencies. Pertinent Iraqi authoritiesshall allocate to the United States Forces such frequencies as coordinated byboth Parties through the JMOCC. The United States Forces shall returnfrequencies allocated to them at the end of their use not later than thetermination of this Agreement.3. The United States Forces shall operate their own telecommunicationssystems in a manner that fully respects the Constitution and laws of Iraq andin accordance with the definition of the term 1 Link to comment Share on other sites More sharing options...
Adam Montana Posted October 9, 2009 Author Report Share Posted October 9, 2009 | 11Article may proceed only in accordance with these procedures andmechanisms.9. Pursuant to paragraphs 1 and 3 of this Article, United States Forcesauthorities shall certify whether an alleged offense arose during duty status.In those cases where Iraqi authorities believe the circumstances require areview of this determination, the Parties shall consult immediately throughthe Joint Committee, and United States Forces authorities shall take fullaccount of the facts and circumstances and any information Iraqi authoritiesmay present bearing on the determination by United States Forcesauthorities.10. The Parties shall review the provisions of this Article every 6 monthsincluding by considering any proposed amendments to this Article takinginto account the security situation in Iraq, the extent to which the UnitedStates Forces in Iraq are engaged in military operations, the growth anddevelopment of the Iraqi judicial system, and changes in United States andIraqi law.Article 13Carrying Weapons and ApparelMembers of the United States Forces and of the civilian component maypossess and carry weapons that are owned by the United States while in Iraqaccording to the authority granted to them under orders and according totheir requirements and duties. Members of the United States Forces mayalso wear uniforms during duty in Iraq.Article 14Entry and Exit1. For purposes of this Agreement, members of the United States Forces andof the civilian component may enter and leave Iraq through official places ofembarkation and debarkation requiring only identification cards and travelorders issued for them by the United States. The Joint Committee shallassume the task of setting up a mechanism and a process of verification to becarried out by pertinent Iraqi authorities.| 122. Iraqi authorities shall have the right to inspect and verify the lists ofnames of members of the United States Forces and of the civilian componententering 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 ofthe civilian component may enter and leave Iraq through agreed facilitiesand areas requiring only identification cards issued for them by the UnitedStates. The Joint Committee shall assume the task of setting up amechanism and a process for inspecting and verifying the validity of thesedocuments.Article 15Import and Export1. For the exclusive purposes of implementing this Agreement, the UnitedStates Forces and United States contractors may import, export (itemsbought in Iraq), re-export, transport, and use in Iraq any equipment, supplies,materials, and technology, provided that the materials imported or brought inby them are not banned in Iraq as of the date this Agreement enters intoforce. The importation, re-exportation, transportation, and use of such itemsshall 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 Iraqiauthorities an appropriate certification that such items are being imported bythe United States Forces or United States contractors for use by the UnitedStates Forces exclusively for the purposes of this Agreement. Based onsecurity information that becomes available, Iraqi authorities have the rightto request the United States Forces to open in their presence any container inwhich such items are being imported in order to verify its contents. Inmaking such a request, Iraqi authorities shall honor the security requirementsof the United States Forces and, if requested to do so by the United StatesForces, shall make such verifications in facilities used by the United StatesForces. The exportation of Iraqi goods by the United States Forces andUnited States contractors shall not be subject to inspections or anyrestrictions other than licensing requirements. The Joint Committee shallwork with the Iraqi Ministry of Trade to expedite license requirementsconsistent with Iraqi law for the export of goods purchased in Iraq by theUnited States Forces for the purposes of this Agreement. Iraq has the rightto demand review of any issues arising out of this paragraph. The Parties| 13shall consult immediately in such cases through the Joint Committee or, ifnecessary, the Joint Ministerial Committee.2. Members of the United States Forces and of the civilian component mayimport into Iraq, re-export, and use personal effect materials and equipmentfor consumption or personal use. The import into, re-export from, transferfrom, and use of such imported items in Iraq shall not be subjected tolicenses, other restrictions, taxes, custom duties, or any other chargesimposed in Iraq, as defined in Article 2, paragraph 10. The importedquantities shall be reasonable and proportionate to personal use. UnitedStates Forces authorities will take measures to ensure that no items ormaterial of cultural or historic significance to Iraq are being exported.3. Any inspections of materials pursuant to paragraph 2 by Iraqi authoritiesmust be done urgently in an agreed upon place and according to proceduresestablished by the Joint Committee.4. Any material imported free of customs and fees in accordance with thisAgreement shall be subjected to taxes and customs and fees as defined inArticle 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 specialimport privileges. Such taxes and fees (including custom duties) shall bepaid by the transferee for the items sold.5. Materials referred to in the paragraphs of this Article must not beimported or used for commercial purposes.Article 16Taxes1. Any taxes, duties, or fees as defined in Article 2, paragraph 10, with theirvalue determined and imposed in the territory of Iraq, shall not be imposedon goods and services purchased by or on behalf of the United States Forcesin Iraq for official use or on goods and services that have been purchased inIraq on behalf of the United States Forces.2. Members of the United States Forces and of the civilian component shallnot be responsible for payment of any tax, duty, or fee that has its value| 14determined and imposed in the territory of Iraq, unless in return for servicesrequested and received.Article 17Licenses or Permits1. Valid driver 1 Link to comment Share on other sites More sharing options...
Adam Montana Posted October 9, 2009 Author Report Share Posted October 9, 2009 3. Military vehicles exclusively used by the United States Forces will beexempted from the requirements of registration and licenses, and they shallbe clearly marked with numbers on such vehicles.Article 19Support Activities Services1. The United States Forces, or others acting on behalf of the United StatesForces, may assume the duties of establishing and administering activitiesand entities inside agreed facilities and areas, through which they canprovide services for members of the United States Forces, the civiliancomponent, United States contractors, and United States contractoremployees. These entities and activities include military post offices;financial services; shops selling food items, medicine, and othercommodities and services; and various areas to provide entertainment andtelecommunications services, including radio broadcasts. The establishmentof such services does not require permits.2. Broadcasting, media, and entertainment services that reach beyond thescope of the agreed facilities and areas shall be subject to Iraqi laws.3. Access to the support Activities Services shall be limited to members ofthe United States Forces and of the civilian component, United Statescontractors, United States contractor employees, and other persons andentities that are agreed upon. The authorities of the United States Forcesshall take appropriate actions to prevent misuse of the services provided bythe mentioned activities, and prevent the sale or resale of aforementionedgoods and services to persons not authorized access to these entities or tobenefit from their services. The United States Forces will determinebroadcasting and television programs to authorized recipients.4. The service support entities and activities referred to in this Article shallbe granted the same financial and customs exemptions granted to the UnitedStates Forces, including exemptions guaranteed in Articles 15 and 16 of thisAgreement. These entities and activities that offer services shall be operatedand managed in accordance with United States regulations; these entities and| 16activities shall not be obligated to collect nor pay taxes or other fees relatedto the activities in connection with their operations.5. The mail sent through the military post service shall be certified byUnited States Forces authorities and shall be exempt from inspection, search,and seizure by Iraqi authorities, except for non-official mail that may besubject to electronic observation. Questions arising in the course ofimplementation of this paragraph shall be addressed by the concerned JointSub-Committee and resolved by mutual agreement. The concerned JointSub-Committee shall periodically inspect the mechanisms by which theUnited States Forces authorities certify military mail.Article 20Currency and foreign exchange1. The United States Forces shall have the right to use any amount of cashin United States currency or financial instruments with a designated value inUnited States currency exclusively for the purposes of this Agreement. Useof Iraqi currency and special banks by the United States Forces shall be inaccordance with Iraqi laws.2. The United States Forces may not export Iraqi currency from Iraq, andshall take measures to ensure that members of the United States Forces, ofthe civilian component, and United States contractors and United Statescontractor employees do not export Iraqi currency from Iraq.Article 21Claims1. With the exception of claims arising from contracts, each Party shallwaive the right to claim compensation against the other Party for anydamage, loss, or destruction of property, or compensation for injuries ordeaths that could happen to members of the force or civilian component ofeither Party arising out of the performance of their official duties in Iraq.2. United States Forces authorities shall pay just and reasonablecompensation in settlement of meritorious third party claims arising out ofacts, omissions, or negligence of members of the United States Forces and of| 17the civilian component done in the performance of their official duties andincident to the non-combat activities of the United States Forces. UnitedStates Forces authorities may also settle meritorious claims not arising fromthe performance of official duties. All claims in this paragraph shall besettled expeditiously in accordance with the laws and regulations of theUnited States. In settling claims, United States Forces authorities shall takeinto account any report of investigation or opinion regarding liability oramount of damages issued by Iraqi authorities.3. Upon the request of either Party, the Parties shall consult immediatelythrough the Joint Committee or, if necessary, the Joint MinisterialCommittee, where issues referred to in paragraphs 1 and 2 above requirereview.Article 22Detention1. 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 StatesForces and of the civilian component) except through an Iraqi decisionissued in accordance with Iraqi law and pursuant to Article 4.2. In the event the United States Forces detain or arrest persons asauthorized by this Agreement or Iraqi law, such persons must be handedover to competent Iraqi authorities within 24 hours from the time of theirdetention or arrest.3. The Iraqi authorities may request assistance from the United StatesForces in detaining or arresting wanted individuals. 4. Upon entry into force of this Agreement, the United States Forces shallprovide to the Government of Iraq available information on all detaineeswho are being held by them. Competent Iraqi authorities shall issue arrestwarrants for persons who are wanted by them. The United States Forcesshall act in full and effective coordination with the Government of Iraq toturn over custody of such wanted detainees to Iraqi authorities pursuant to avalid Iraqi arrest warrant and shall release all the remaining detainees in asafe and orderly manner, unless otherwise requested by the Government ofIraq and in accordance with Article 4 of this Agreement.| 185. The United States Forces may not search houses or other real estateproperties except by order of an Iraqi judicial warrant and in fullcoordination with the Government of Iraq, except in the case of actualcombat operations conducted pursuant to Article 4.Article 23ImplementationImplementation of this Agreement and the settlement of disputes arisingfrom the interpretation and application thereof shall be vested in thefollowing bodies:1. A Joint Ministerial Committee shall be established with participation atthe Ministerial level determined by both Parties. The Joint MinisterialCommittee shall deal with issues that are fundamental to the interpretationand implementation of this Agreement.2. The Joint Ministerial Committee shall establish a JMOCC consisting ofrepresentatives from both Parties. The JMOCC shall be co-chaired byrepresentatives of each Party.3. The Joint Ministerial Committee shall also establish a Joint Committeeconsisting of representatives to be determined by both Parties. The JointCommittee shall be co-chaired by representatives of each Party, and shalldeal with all issues related to this Agreement outside the exclusivecompetence of the JMOCC.4. In accordance with paragraph 3 of this Article, the Joint Committee shallestablish Joint Sub-Committees in different areas to consider the issuesarising under this Agreement according to their competencies.Article 24 1 Link to comment Share on other sites More sharing options...
Adam Montana Posted October 9, 2009 Author Report Share Posted October 9, 2009 Withdrawal of the United States Forces from Iraq| 19Recognizing the performance and increasing capacity of the Iraqi SecurityForces, the assumption of full security responsibility by those Forces, andbased upon the strong relationship between the Parties, an agreement on thefollowing has been reached:1. All the United States Forces shall withdraw from all Iraqi territory nolater 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 Forcesassume full responsibility for security in an Iraqi province, provided thatsuch withdrawal is completed no later than June 30, 2009.3. United States combat forces withdrawn pursuant to paragraph 2 aboveshall be stationed in the agreed facilities and areas outside cities, villages,and localities to be designated by the JMOCC before the date established inparagraph 2 above.4. The United States recognizes the sovereign right of the Government ofIraq to request the departure of the United States Forces from Iraq at anytime. The Government of Iraq recognizes the sovereign right of the UnitedStates to withdraw the United States Forces from Iraq at any time.5. The Parties agree to establish mechanisms and arrangements to reducethe number of the United States Forces during the periods of time that havebeen determined, and they shall agree on the locations where the UnitedStates Forces will be present.Article 25Measures to Terminate the Application of Chapter VII to IraqAcknowledging the right of the Government of Iraq not to request renewalof the Chapter VII authorization for and mandate of the multinational forcescontained in United Nations Security Council Resolution 1790 (2007) thatends on December 31, 2008;Taking note of the letters to the UN Security Council from the PrimeMinister of Iraq and the Secretary of State of the United States dated| 20December 7 and December 10, 2007, respectively, which are annexed toResolution 1790;Taking note of section 3 of the Declaration of Principles for a Long-TermRelationship of Cooperation and Friendship, signed by the President of theUnited States and the Prime Minister of Iraq on November 26, 2007, whichmemorialized Iraq 1 Link to comment Share on other sites More sharing options...
retminded Posted November 19, 2010 Report Share Posted November 19, 2010 Thanks for posting Adam My first read of the agreement from start to end... ret Link to comment Share on other sites More sharing options...
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