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Agreement between the Republic of Iraq and the United States on the withdrawal of U.S. forces from Iraq and organizing activities during Their Temporary Presence
17/11/2008
Preamble ...
The Republic of Iraq and the United States of America (hereinafter referred to as the words the parties);
As recognize the importance of strengthening their joint security and contribute to international peace and stability and the fight against terrorism in Iraq and cooperation in the areas of security and defense, to deter aggression and threats against the sovereignty, security and territorial integrity of Iraq and its democratic federal constitutional;
Affirming that such cooperation is based on full respect for the sovereignty of each of them according to the objectives and principles of the Charter of the United Nations;
Desiring to reach a common understanding that strengthens cooperation between them; without Tjaozsaadh Iraq on their land, waters and airspace;
On the basis of their being two independent unequal sovereign, have agreed on the following
Article I
Scope and Purpose
This agreement specifies the terms and requirements that regulate the temporary presence of U.S. forces in Iraq and its activities, and withdrawal from Iraq.
Article II
Definition of Terms
1 - "Installations and areas agreed upon" is the Iraqi facilities and areas owned by the Government of Iraq and used by U.S. forces during the period of entry into force of this Agreement.
2 - "United States Forces" means the entity comprising the members of the United States armed forces, and their associated civilian component, and all property, and equipment present on the territory of Iraq.
3 - "Member of United States Forces" means any individual belonging to the United States Army, Navy, Air Force, Marine Corps or Coast Guard.
4 - "a member of the civilian component" means any civilian employed by the U.S. Department of Defense. Term does not include individuals normally resident in Iraq.
5 - "United States contractors" and "contractor employees with the United States" means these terms of persons or legal entities, non-Iraqi employees, who are U.S. citizens or nationals of third countries who are in Iraq to provide goods and services and security in Iraq to U.S. forces or on its behalf, under a contract or subcontract with or for the U.S. forces. Terms do not include individuals or legal entities normally resident in the territory of Iraq.
6 - "Official vehicles" means commercial vehicles that may be modified for security purposes, and are basically designed for movement on various roads and designated for transportation of personnel.
7 - "Military vehicles" means all types of vehicles used by U.S. forces, and originally intended to be used in combat operations, and carry distinctive numbers and signs in particular, according to the instructions and regulations of the United States Forces.
8 - "Defense equipment" means systems, weapons and materiel, equipment, supplies and materials used in conventional warfare exclusively, that the U.S. needs in regard to the activities agreed upon in this Agreement, which are not linked directly or indirectly, to systems of weapons of mass destruction (chemical weapons, nuclear weapons, radiological and biological weapons, and waste associated with such weapons).
9 - "Storage" means the keeping of defense equipment required by United States forces on the activities agreed upon in this Agreement.
10 - "taxes and fees" means all taxes, fees (including tariffs) and levies of any kind, imposed by the Government of Iraq Ooajhzatha Omhafezadtha under Iraqi laws and regulations. Term does not include charges by the Iraqi government or its agencies, or governorates for services requested and received by U.S. forces.
Article III
Laws
1 - members of the forces committed to the United States and members of the civilian component of the duty to respect the laws and customs, traditions and customs of Iraq, when conducting military operations under this Agreement, and shall refrain from any activities that are inconsistent with the letter and spirit of this Agreement. The United States and the duty to take all necessary measures for this purpose.
2 - Except members of the U.S. forces and the civilian component shall not force the U.S. states the transfer of any person entry to Iraq or out of it on board vehicles, ships or aircraft covered by this Agreement except in accordance with the laws and regulations Iraqi window including any operational arrangements may be approved by the Iraqi government.
Article IV
Tasks
1. Government of Iraq requests the temporary assistance of U.S. forces to support them in their efforts to maintain security and stability in Iraq, including cooperation in operations against al Qaeda and other terrorist groups and outlaw groups and remnants of the former regime.
2. All such military operations that are performed under this Agreement with the consent of the Government of Iraq. And shall be fully coordinated operations with the Iraqi authorities. And oversees the coordination of all the military operations of the Joint Commission to coordinate military operations (JMOCC) that is formed under this Agreement. And referred to the Joint Ministerial Committee of issues relating to proposed military operations that can not be on the joint committee to coordinate military operations decide on them.
3. All these operations must be with full respect for the Iraqi constitution and Iraqi laws, and have performed these operations without exceeding the sovereignty of Iraq and its national interests, as determined by the Iraqi government. It is the duty of the United States to respect Iraq's laws and customs, and traditions and applicable international law.
4. The Parties shall continue their efforts for cooperation in order to strengthen the capacity of Iraq's security, as may be mutually agreed, including training, equipment, support, supply, construction and upgrading logistical systems, including transport, accommodation and catering for the Iraqi security forces.
5. Parties retain the right to legitimate self defense within Iraq, as defined in applicable international law.
Article V
Property Ownership
1 - Iraq owns all buildings and structures, and immovable property in land and existing installations and areas agreed upon, including those used by U.S. forces, constructed, altered, or improved.
2 - At withdrawal, the United States Forces shall return to the Government of Iraq all the facilities and areas provided for the use of U.S. combat forces based on two lists. The first list of the installations and agreed upon once the Agreement enters into force. The second list in the period up to June 30, 2009 date for the withdrawal of combat troops from cities and towns and villages. And the Iraqi government's agreement to allow U.S. forces to use some of the facilities necessary for the purposes of this Agreement on the withdrawal.
3 - United States shall bear all costs for construction, alterations, or improvements in the installations and areas agreed upon for its exclusive use. The U.S. will consult with the Iraqi government about the construction, modification and development, and must seek approval of the Iraqi government on construction projects and major modifications. In the case of shared use of installations and areas agreed by the parties bear the costs of construction, alterations, or improvements proportionately.
4 - United States shall bear the costs requested and received from services in installations and areas agreed upon for its exclusive use. The parties shall bear the costs of required services that are obtained in the installations and areas agreed upon by the common usage of each party.
5 - Upon discovery of any historical or cultural site or finding any strategic resource in the installations and areas agreed upon, all works of construction or development or modification immediately, and the Iraqi representatives in the Joint Committee in order to determine the appropriate steps on it.
6 - United States shall return agreed facilities and areas under and any structures and immovable had built, installed or established during the term of this Agreement, according to mechanisms and priorities set by the Joint Committee, and recognizes these facilities and areas to the Iraqi government free of any debts and financial burdens.
7 - the U.S. will return to the Iraqi government installations and areas agreed with the importance of heritage and the moral, political, and any facilities and structures that it had built, installed, or established, according to mechanisms and priorities and a time period agreed upon by the Joint Committee of any debts or financial burdens.
8 - the U.S. will return the rest of the installations and areas agreed to the Iraqi government at the end of the term of this Agreement or upon termination of, or at any time prior to that agreed upon by the parties, or when no longer required U.S. forces to the facilities as determined by the Commission joint of any debts and financial burdens.
9 - Reserves of U.S. troops and contractors with the United States title to all equipment, materials and construction supplies and other movable and immovable property imported to Iraq or have been obtained within the territory of Iraq are legitimate and relevant to this Agreement.
Article VI
The use of the installations and areas agreed upon
1 - With full respect for the sovereignty of Iraq, and in the context of exchange of views between the parties under this Agreement, Iraq grants access to the installations and areas agreed upon and used by U.S. forces and contractors with the United States and employees of these contractors, individuals or other entities, as agreed by the parties.
2 - Iraq permits under this Agreement to United States Forces to exercise inside the installations and areas agreed upon by all rights and powers as may be necessary to create, use and maintain, and secure the installations and areas agreed upon. The Parties shall coordinate and cooperate with each other on the exercise of those rights and authorities of the agreed facilities and areas of joint use.
3 - United States Forces shall assume control of the installations and areas agreed upon for its exclusive use. The Parties shall coordinate the control of the installations and areas agreed upon for joint use, according to mechanisms established by the Joint Committee for the Coordination of joint military operations, the Parties shall coordinate guard duties in areas adjacent to the installations and areas agreed upon by the joint committee to coordinate military operations.
Article VII
Development of defense equipment and storage
The forces of the United States to put inside the installations and areas agreed upon and in other temporary locations agreed upon by the Parties defense equipment and supplies and materials needed by U.S. forces linked to the activities agreed upon under this Agreement. And the forces of the United States the use and storage of such equipment in proportion to the temporary missions in Iraq, according to Article (4) of this Agreement, shall not be related directly or indirectly, to systems of weapons of mass destruction (chemical weapons, nuclear weapons, radiological weapons, biological weapons and related waste such weapons). And the forces of the United States to control the use and transfer of defense equipment owned by it which are stored in Iraq. And shall ensure that no storage of explosives or munitions are near residential areas, and shall remove such materials stored in installations near residential areas. And the United States provide the Iraqi government with the necessary information on the numbers and types of these materials are stored.
Article VIII
Protection of the environment
Both Parties shall implement this Agreement in a manner consistent with protecting the natural environment, health and human safety. And the United States reaffirms its commitment to respect environmental laws and Iraqi laws in force in the implementation of policies for the purposes of this Agreement.
Article IX
Movement of vehicles, ships and aircraft
1 - With full respect for the rules of safety and movement of land and marine-related, it is permissible for vehicles and ships used by U.S. forces, or those that are managed at the time exclusively for their own, may enter and exit, and move inside Iraqi territory for the purposes of the implementation of this Agreement. And the Joint Committee for the Coordination of joint military operations procedures and the appropriate rules to facilitate and regulate the movement of vehicles.
2 - With full respect for the rules of aviation safety and air navigation related to the authorized United States Government aircraft and civil aircraft operating under a contract with the U.S. Department of Defense exclusively At the time, flying in Iraqi airspace and conduct airborne refueling for the purposes of implementing this Agreement, and take off and landing within the territory of Iraq for the purposes of this Agreement. The Iraqi authorities shall grant the aforementioned aircraft permission every year to land in the territory of Iraq and take off for the purposes of implementing this Agreement. The aircraft, ships and vehicles of the United States government and civil aircraft that operate exclusively at the time under contract with the Ministry of Defence of the United States the rise of any party on board without the consent of United States Forces authorities on that, and agree Joint Sub-Committee on this matter to the appropriate procedures to facilitate the regulation of traffic .
3 - Surveillance and control over Iraqi airspace to Iraqi authorities immediately upon the entry into force of this Agreement.
4 - To the Iraqi government to ask U.S. forces to provide temporary support for the Iraqi authorities in the task of monitoring Iraqi airspace and control.
5 - Exempt United States Government aircraft and civil aircraft that operate exclusively at the time under contract with the U.S. Department of Defense from paying any taxes, fees or levies or similar fees, including fees to fly or levies of air navigation or landing or waiting in airports, which are managed by the Iraqi government. And shall be exempt from paying any taxes, fees or levies or similar fees of vehicles and ships owned by United States forces or are being used exclusively by the forces of the United States for the purposes of this Agreement and includes the ports run by the Iraqi government. And exempt these vehicles, ships and aircraft from the registration requirements within Iraq.
6 - The United States Forces shall pay fees for services requested and received.
7 - Each Party shall provide the other with maps and other available information on the location of minefields and other obstacles that could impede movement within the territory and waters of Iraq, or exposure to risk.
Article X
Contracting procedures
The United States Forces may select contractors and enter into contracts under U.S. law for the purchase of materials and services in Iraq, including services of construction. Contracted by the U.S. forces as much as possible with Iraqi suppliers of materials and services when their bids are competitive and constitute best value. And United States Forces shall respect Iraqi law when contracting with Iraqi suppliers and contractors, and shall provide Iraqi authorities the names of Iraqi suppliers and contractors and the amounts of relevant contracts.
Article XI
Services and Communications
1 - The forces of the United States production and water supply, electricity and other services to other facilities and areas agreed upon in coordination with the Iraqi authorities through the Joint Sub-Committee concerned.
2 - Government of Iraq owns all frequencies. Iraqi authorities shall allocate the appropriate frequencies for the U.S. forces as coordinated by the two sides of the joint committee to coordinate military operations (JMOCC). The United States Forces shall return frequencies allocated to them at the completion of their use not later than the date of termination of this Agreement.
3 - United States Forces shall run their systems for communications with full respect for the Constitution and laws of Iraq, according to the definition of communication systems provided for in the Constitution of the International Telecommunication Union in 1992, including the right to use the necessary means and services of their own systems to ensure the full capacity for the operation of communications systems.
4 - For the purposes of this agreement the United States Forces are exempt from paying any fees to use transmission airwaves and frequencies currently used or allocated in the future, including any administrative fees or other fees from the other.
5 - Forces should the United States approval of the Government of Iraq regarding any projects of infrastructure for communications outside the installations and areas agreed upon for the exclusive purposes of implementing this Agreement and in accordance with Article IV, except in the case of actual combat operations conducted pursuant to Article IV.
6 - The United States Forces shall use telecommunications systems exclusively for the purposes of this Agreement.
Article XII
Jurisdiction
Recognizing Iraq's sovereign right to determine and enforce the rules of criminal and civil law on its territory, in light of Iraq's request for the temporary assistance of U.S. forces, as shown in Article IV (4), in line with the duty of members of the U.S. forces and the civilian component to respect the laws and traditions, customs and values Iraq, the parties agreed on the following:
1. Iraq's primary right to exercise jurisdiction over members of the U.S. forces and the civilian component for grave premeditated felonies enumerated pursuant to paragraph eight (
, when such crimes are committed outside agreed facilities and areas under and outside duty status.
2. Iraq's primary right to exercise jurisdiction over United States contractors and their employees.
3. Of the United States the primary right to exercise jurisdiction over members of the U.S. forces and the civilian component for matters arising inside the installations and areas agreed upon, and during duty status outside installations and areas agreed upon, and in circumstances not covered by paragraph 1.
4. The Parties shall assist each other, at the request of one of them, in the investigation of incidents and the collection and exchange of evidence to ensure the due course of justice.
5. The arrest or detention of members of the U.S. forces and the civilian element by the Iraqi authorities are telling the United States Forces authorities shall immediately and handed over to them within (24) hours from the time of arrest or detention. Where Iraq exercises jurisdiction pursuant to paragraph (1) of this article the U.S. authorities custody of an accused member of the U.S. forces or civilian component. And the United States Forces authorities to provide those individuals accused to the Iraqi authorities for investigation and trial.
6. To the authorities of any of the parties to request the authorities of the other party to waive its primary right to jurisdiction in a particular case. Government of Iraq agrees to exercise jurisdiction in accordance with paragraph (1) above only after approval and notifies the United States in writing within (21) days of the discovery of the crime alleged, that the exercise of such jurisdiction of special importance.
7. In cases in which United States exercises jurisdiction pursuant to paragraph (3) of this section shall be members of the U.S. forces and the civilian component shall be entitled to due process standards and protections guaranteed under the U.S. Constitution and U.S. laws.
In the event of a crime subject to the provisions of paragraph (3) of this article and the victim is a person who is not member of the U.S. forces or civilian component, the Parties shall establish procedures through the Joint Committee to inform the persons informed as appropriate, to develop the investigation of crime, and to direct the list of charges to the accused, and determine the date of the court proceedings and the outcome of the talks on the status of the accused, and the opportunity to hear the statements of the accused in open court during which he was sentenced to, and consultation with the prosecuting attorney to pursue the case, and assistance in filing a claim under Article XXI (21) of this Agreement. The United States Forces authorities to seek, and as mutually agreed between them, in order to conduct a trial of such cases inside Iraq. If the trial of such cases in the United States, efforts will be made in order to facilitate the personal attendance of the victim in the trial.
8. In cases where Iraq exercises jurisdiction pursuant to paragraph (1) of this Article, the members of the U.S. forces and the civilian component shall be entitled to due process standards and protections consistent with those available under U.S. law and Iraqi law. Joint Committee shall establish procedures and mechanisms for the implementation of this article, including an account of the grave premeditated felonies that are subject to paragraph (1) and procedures that meet due process standards and guarantees. May not exercise jurisdiction pursuant to paragraph (1) of this article except in accordance with these procedures and mechanisms.
9. Recognizes the United States Forces authorities, pursuant to paragraph (1) and (3) of this Article, whether the alleged crime had occurred during duty status. In those cases where Iraqi authorities believe that the circumstances require a review of this report, the Parties shall consult immediately through the Joint Committee, take U.S. authorities a full account of the facts and circumstances and any information that may be provided by the Iraqi authorities have an impact on the report of United States Forces authorities.
10. 10. The Parties shall review the provisions contained in this article all (6) months, including any proposed amendments to this Article, taking into account the security situation in Iraq, and how engaged the U.S. forces in military operations, and the growth and development of the Iraqi judicial system, and changes in U.S. law and Iraqi law .
Article XIII
Carrying weapons and wearing uniforms
For members of the United States and members of the civilian component of the possession and carrying of weapons belonging to the United States while in Iraq under the authority granted to them under orders to them, and according to their requirements and duties. As members of the U.S. forces should wear uniforms during duty in Iraq.
Article XIV
Entry and exit
1. 1. For purposes of this Agreement, members of the U.S. forces and members of the civilian component may enter and leave Iraq through official places of embarkation and debarkation requiring only identification cards and travel orders issued to them from the United States. The joint committee is to develop a mechanism and the context of the check which the competent Iraqi authorities executed.
2. 2. Iraqi authorities the right to inspect and verify the lists of names of members of the U.S. forces and the civilian component entering and leaving Iraq directly through the installations and areas agreed upon. The lists shall be submitted to the Iraqi authorities by the forces of the United States.
For purposes of this Agreement, members of the U.S. forces and the civilian component of the entry and exit from Iraq via the installations and areas agreed upon requiring only identification cards issued by the United States for each of them. The joint committee is to develop a mechanism and a process for checking and verifying the authenticity of these documents.
Article XV
Import and export
1. 1. For purposes of implementing this agreement exclusively for the U.S. forces and contractors may import into Iraq and export (items bought in Iraq), and for them to re-export, transport, and use in Iraq any equipment, supplies, materials or technology, provided that the materials they import or bring banned in Iraq as of the date this Agreement enters into force. Not subject to inspection of the import of such materials and re-export, transfer and use, are not subject to licenses, or any other restrictions, taxes or customs duties or other charges imposed in Iraq, according to the definition contained in paragraph (10) of Article II. And the United States Forces authorities to submit to the relevant Iraqi authorities an appropriate certification that these materials are imported by the forces of the United States or United States contractors to use U.S. forces for the purposes of this Agreement.
Based on security information available to it, to the Iraqi authorities the right to demand from the U.S. and open in their presence any container in which such items are imported to verify the contents. And Iraqi authorities shall honor such a request the security requirements of the U.S. forces, and if requested so by the United States forces, shall make such verifications in facilities used by U.S. forces. Not subject to the export of Iraqi goods by the U.S. forces and its contractors for any inspections or any restrictions other than licensing requirements. The Joint Committee shall work with the Iraqi Ministry of Trade, according to Iraqi law to facilitate the provision of the requirements for obtaining leave for the purpose of the U.S. forces to export of goods purchased in Iraq for the purposes of this Agreement. Iraq has the right to request a review of any issues arising from the application of this paragraph. And the Parties shall consult immediately in such cases through the Joint Committee or, if necessary, through the Joint Ministerial Committee.
2. For members of the U.S. forces and the civilian component may import into Iraq, re-export and use of materials and devices their own personal consumption or for the purpose of personal use. Not subject to import and re-export, transfer and use of such imported items in Iraq to leave, restrictions or taxes or levies or any other charges imposed in Iraq, as described in paragraph (10) of Article II. And imported quantities shall be reasonable and proportionate to personal use. Forces and authorities will take action by the United States to ensure that any export of items or materials of cultural or historic significance to Iraq.
3. Any inspections of materials referred to in paragraph (2) by the Iraqi authorities must be done urgently in an agreed upon place and according to procedures established by the Joint Committee.
4. Subject to taxes and customs duties as defined in paragraph (10) of Article II of any material imported exempt from customs duties and other fees in accordance with this Agreement and any other fees when you sell to individuals or entities not included in the tax exemption or special privileges for import, and the buyer pays these taxes and levies (including customs duties) for the materials that were sold, and the estimated value of these taxes and levies at the time of the sale of these materials into Iraq.
5. 5. Must not be imported or use the substances referred to in paragraphs of this article or for commercial purposes.
Article XVI
Taxes
1. 1. Does not impose any taxes, fees or levies, as defined in paragraph (10) of Article II, valued and imposed in the territory of Iraq, on goods and services that are purchased in Iraq by U.S. forces or their behalf for the purposes of official use, and does not impose any of it on goods and services purchased in Iraq on behalf of the U.S. forces.
2. 2. Shall not be members of the U.S. forces and the civilian element responsible for payment of any tax, fee or levy value determined and imposed in the territory of Iraq, were not for the services requested and received.
Article XVII
Leave Oturakhis
1. 1. Driver's licenses in force issued by the United States authorities to members of the U.S. forces and the civilian element and employees of contractors with the United States, acceptable to the Iraqi authorities. Holders of licenses will not be exposed to the driving test or fee for operating the vehicles, vessels and aircraft belonging to U.S. forces in Iraq.
2. 2. Driver's licenses in force issued by the United States authorities to members of the U.S. forces and the civilian element and employees of contractors with the United States to take effect when the Iraqi authorities to use their own vehicles within the territory of Iraq without holders are subject to testing or collection.
3. 3. All professional licenses issued by United States authorities to members of the U.S. forces and the civilian element and employees of contractors with the United States acceptable to the Iraqi authorities, that such licenses are related to the services they provide in the performance of their official duties or contracts in support of U.S. forces, and members of the element civil, and contractors with the United States, and users working for these contractors, in accordance with the conditions agreed upon between the parties.
Article XVIII
Official and Military Vehicles
1. 1. Official vehicles of the official Iraqi license plates to be agreed upon between the parties. Iraqi authorities shall, upon the request of the authorities of the United States Forces, issue registration plates for official vehicles of the United States Forces without fees, according to the procedures used for the Iraqi armed forces. The authorities pay the United States forces to Iraqi authorities the cost of such plates.
2. 2. Valid registration and licenses issued by United States authorities for official vehicles of the United States Forces acceptable to the Iraqi authorities.
3. 3. Exempt from licensing and registration requirements of military vehicles used by U.S. forces exclusively, and these vehicles by clear numbers.
Article XIX
Supporting activities and services
1. 1. The United States Forces, or others acting on behalf of the U.S. forces, to do the duties of establishing and administering activities and entities inside the installations and areas agreed upon, which they can provide services to members of the U.S. forces and the civilian element, contractors with the United States and employees of contractors with the United States. These entities and activities of military post offices and financial services, and shops selling food, medicines and other goods and services, and various areas to provide entertainment and services wired and wireless communication, including radio services. Does not require the establishment of these services permits.
2. 2. Subject to Iraqi laws and radio services, information and entertainment that reach beyond the scope of the installations and areas agreed upon.
3. 3. Limited access to supporting activities and services to members of the U.S. forces and the civilian element, contractors with the United States and their employees and individuals and entities that are agreed upon. And the United States Forces authorities to take appropriate measures to prevent misuse of the services provided by the mentioned activities, and prevent the sale or resale of goods and services referred to persons not authorized access to these entities and to benefit from their services. The United States Forces will determine broadcasting and television programs to authorized recipients.
4. 4. The entities and activities that provide the services referred to in this article the same financial and customs exemptions enjoyed by the United States Forces, including exemptions guaranteed in Articles XV (15) and sixteen (16) of this Agreement. Is the operation and management of these entities and activities that provide services in accordance with United States regulations, and will not be those entities and activities obligated to collect or pay taxes or other fees for activities related to its operations.
5. 5. The mail sent through military mail services to the ratification of the United States authorities, and shall be exempt from inspection, search and seizure by Iraqi authorities, with the exception of non-official mail that may be subject to electronic surveillance. The Subcommittee on common issues that arise in the implementation of this paragraph, be settled by mutual agreement. The Joint Sub-Committee on periodically inspect the mechanisms by which the United States authorities for the ratification of the military mail.
Article XX
Currency and foreign exchange
1. 1. The forces of the United States the right to use any amount of U.S. currency or financial documents specified value of American currency for the purposes of this Agreement exclusively. The use of U.S. forces of Iraqi currency and private banks, in accordance with Iraqi laws.
2. 2. An army of the United States to export Iraqi currency from Iraq, and shall take measures to ensure that members of the U.S. forces and the civilian element, contractors with the United States and employees of contractors with the United States to export Iraqi currency from Iraq.
Article XXI
Claims
1. 1. The exception of claims arising out of contracts, give the parties the right to ask the other party for compensation for any damage, loss or destruction to property of the armed forces or civilian component of either party or to claim compensation for injuries or death may occur for members of the armed forces and the civilian component arising from carrying out their official duties in Iraq.
2. 2. The United States Forces authorities to pay fair and reasonable compensation to settle entitled claims of any third party, arising from the actions of members of the U.S. forces and the civilian component or as a result of their negligence, in the course of official duties, or be related to non-combat activities of U.S. forces . Authorities may force the United States Dueness settlement of claims not arising from the performance of official duties promptly and in accordance with the laws and regulations of the United States. In settling claims, the U.S. authorities into account any report of investigation or opinion issued by Iraqi authorities on liability or damages.
3. 3. The Parties shall consult immediately through the Joint Committee or, if necessary, through the Joint Ministerial Committee, in cases that need to review that mentioned in paragraphs 1 and 2 above, at the request of one of the parties.
Article XXII
Detention
1. 1. An army of the United States arrest any person or arrest him (except the detention or arrest of a member of the U.S. forces or the civilian component) except through an Iraqi decision issued in accordance with Iraqi law and pursuant to Article IV.
2. 2. In the event the United States Forces detain persons or arrest as authorized by this Agreement or Iraqi law, these persons must be handed over to competent Iraqi authorities within 24 hours of their detention or arrest.
3. 3. The Iraqi authorities may request assistance from the United States forces for the purpose of arrest of wanted persons or arrest.
4. 4. At the start of the implementation of this Agreement, the United States forces available to provide information on all detainees to the Iraqi government has. Competent Iraqi authorities shall issue arrest warrants for wanted them. United States Forces shall the full and effective coordination with the Iraqi government to extradite them according to Iraqi arrest warrant and a window to release all remaining detainees in an orderly and safe only if the Iraqi government requested otherwise pursuant to Article (4) of this Agreement.
5. 5. May not be for the U.S. forces search houses or other real estate, except under an Iraqi judicial order issued in this regard and in full coordination with the Iraqi government, except in cases where there is actual combat operations pursuant to Article (4).
Article XXIII
Implementation
The implementation of this agreement and the settlement of disputes arising from the interpretation and application of the following bodies:
1. 1. Form a joint ministerial committee whose members are persons at the ministerial level determined by both parties. The Joint Ministerial Committee shall consider and decide on issues fundamental to the interpretation and implementation of this Agreement.
2. 2. Joint Ministerial Committee shall form a joint committee to coordinate military operations (JMOCC) composed of representatives of both parties. The chairmanship of the joint committee to coordinate military operations (JMOCC) shared between the parties.
3. 3. The Joint Ministerial Committee is also a joint committee composed of representatives chosen by the parties and chaired jointly by a representative from each of the parties. The Committee shall consider and decide on all issues relating to this agreement that is not within the jurisdiction of the joint committee to coordinate military operations (JMOCC).
4. 4. Constitute the joint committee formed in accordance with paragraph (3) of this article to a joint sub-committees in various areas to consider the issues arising from the Convention in accordance with its terms of reference.
Article XXIV
Withdrawal of U.S. troops from Iraq
Recognizing the performance of Iraqi security forces and increase their capacity, and assuming full responsibility for security and building a strong relationship between the parties, it was agreed as follows:
1. 1. All U.S. forces withdraw from all land, water and airspace of Iraq no later than December 31, 2011.
2. 2. All U.S. combat forces withdraw from cities, villages and towns of Iraq no later than the date that Iraqi forces assume full responsibility for security in any Iraqi province, provided that complete withdrawal of U.S. forces from the places mentioned above not later than 30 June 2009 AD .
3. 3. Based U.S. combat forces withdrawn pursuant to paragraph (2) above in the installations and areas agreed upon that are located outside the cities, villages and towns that will be determined by the joint committee to coordinate military operations (JMOCC) before the date specified in paragraph 2 above.
4. 4. The United States recognizes the sovereign right of the Government of Iraq to request the departure of U.S. forces from Iraq at any time. The Government of Iraq recognizes the sovereign right of the United States to withdraw U.S. forces from Iraq at any time.
5. 5. The Parties agree to establish mechanisms and arrangements to reduce the number of U.S. forces during specified periods of time, and they must agree on the locations where these troops will stabilize.
Article XXV
Measures to end the application of Chapter VII to Iraq
Recognition of the right of the Government of Iraq not to request renewal of the mandate and authority granted to the multinational force under Chapter VII is included in the UN Security Council Resolution No. (1790) (2007), a mandate which expires on 31 December 2008;
And referring to the letters addressed to the UN Security Council: Letter from Prime Minister of Iraq and a message from Secretary of State in the United States on 7 and 10 December 2007, respectively, which are annexed to Resolution (1790);
And a reference to Part III of the Declaration of Principles on the relationship of cooperation and friendship of long standing, signed by the President of the United States and the Prime Minister of Iraq on November 26, 2007, and the record of Iraq's call to extend the mandate referred to above for a final period to end not later than 31 December 2008;
Recognizing also the dramatic and positive developments in Iraq, and a reminder that the situation in Iraq is fundamentally different from the situation which existed when the UN Security Council adopted Resolution No. (661) in 1990, and in particular that the threat posed by the Government of Iraq to international peace and security is gone: the parties affirm in this connection that with the end of business on December 31, 2008 mandate and authorization granted to the multinational force under Chapter VII is included in the UN Security Council Resolution No. (1790), should return to Iraq, legal and international standing that it enjoyed prior to the adoption of Council resolution UN Security number (661) (1990), and also confirm that the United States will make best efforts to help Iraq to take the necessary steps to achieve this by December 31, 2008.
Article Twenty-Six
Iraqi assets
1. 1. To enable Iraq to continue to develop its national economy through the rehabilitation of economic infrastructure, as well as provide essential services to the Iraqi people, and to continue to safeguard Iraq's resources of oil and gas and other resources and maintain as well as the financial and economic assets abroad, including the Development Fund of Iraq, which included the United States to make maximum efforts in order to:
(A) - Support Iraq to obtain forgiveness of international debt resulting from the policies of the former regime.
(B) - Support for Iraq to reach a comprehensive and final resolution of claims for compensation that Iraq inherited from the previous regime have not been resolved yet, including compensation requirements imposed on Iraq by the UN Security Council.
2. 2. Recognizing and understanding Iraq's concern with claims based on acts committed by the former regime, and an understanding of this exercise the powers of the President of the United States to provide protection for the Development Fund for Iraq and certain other property in which Iraq has an interest of the American judicial system. The United States will remain committed to fully and effectively with the Iraqi government with respect to continuing the protection and respect of those claims.
3. 3. In line with a message from the President of the United States will be sent to the Prime Minister of Iraq, the United States remains committed to helping Iraq on the request submitted to the Security Council extend the protections and other arrangements on petroleum, petroleum products and natural gas produced in Iraq, and the resources and obligations arising from these sales, the Development Fund for Iraq , the arrangements set out in Security Council resolutions (1483) (2003) and (1546) (2003).
Article Twenty-Seven
Deterring security risks
In order to promote security and stability in Iraq and to contribute to peace and stability, both parties seek actively to promote political and military capabilities of the Republic of Iraq to deter threats against its sovereignty, political independence and territorial integrity and its democratic federal constitution. And agree in this regard:
1 - In the event of any external or internal threat against Iraq or an aggression upon it, would violate its sovereignty, political independence or territorial integrity, waters or airspace or threatens its democratic system or its elected institutions, and at the request of the Government of Iraq, the Parties shall, immediately initiate strategic deliberations, and as may be mutually agreed between them, the United States take appropriate measures, measures that include diplomatic, economic, or military or any other measure, to deter such a threat.
2 - The parties agree to continue close cooperation in strengthening and maintaining military and security institutions and democratic political institutions in Iraq, including, as may be mutually agreed, cooperation in training, equipping and arming of Iraqi security forces, to combat domestic and international terrorism and outlaw groups , at the request of the Iraqi government.
3 - Do not use the lands and waters and airspace of Iraq or transit point for attacks against others.
Article Twenty-Eight
Green Zone
Upon entry into force of this Agreement the Iraqi government full responsibility for the Green Zone. And the Iraqi government to ask the United States Forces limited and temporary support for the Iraqi authorities in the mission of security in the Green Zone, when such request, the relevant Iraqi authorities to work jointly with the forces of the United States on security in the Green Zone during the period of time determined by the Iraqi government .
Article Twenty-ninth
Implementation arrangements
Whenever the need arises, the Parties shall establish appropriate mechanisms to implement the articles of this Agreement, including those that did not include specific mechanisms for implementation.
Article Thirty
The duration of the force of this Convention
1 - This Agreement shall be effective for a period of three years, unless it is terminated by one by the parties before the end of that period pursuant to paragraph (3) of this Article.
2 - does not modify this Agreement without the consent of the parties formally and in writing in accordance with the constitutional procedures in both countries.
3 - This Agreement shall terminate after one year of receipt of a party from the other party notice in writing.
4 - This Agreement shall enter into force with effect from the first day of January 2009, after both parties have exchanged diplomatic notes confirming the completion of necessary procedures for each of the implementation of the Agreement in accordance with the constitutional procedures of both parties.
Was the signing of this agreement in Baghdad on the seventeenth day of the month of November 2008 in two original copies in Arabic and English, both texts being equally authentic.
For
United States of America
For
Republic of Iraq
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17/11/2008
Preamble ...
The Republic of Iraq and the United States of America (hereinafter referred to as the words the parties);
As recognize the importance of strengthening their joint security and contribute to international peace and stability and the fight against terrorism in Iraq and cooperation in the areas of security and defense, to deter aggression and threats against the sovereignty, security and territorial integrity of Iraq and its democratic federal constitutional;
Affirming that such cooperation is based on full respect for the sovereignty of each of them according to the objectives and principles of the Charter of the United Nations;
Desiring to reach a common understanding that strengthens cooperation between them; without Tjaozsaadh Iraq on their land, waters and airspace;
On the basis of their being two independent unequal sovereign, have agreed on the following
Article I
Scope and Purpose
This agreement specifies the terms and requirements that regulate the temporary presence of U.S. forces in Iraq and its activities, and withdrawal from Iraq.
Article II
Definition of Terms
1 - "Installations and areas agreed upon" is the Iraqi facilities and areas owned by the Government of Iraq and used by U.S. forces during the period of entry into force of this Agreement.
2 - "United States Forces" means the entity comprising the members of the United States armed forces, and their associated civilian component, and all property, and equipment present on the territory of Iraq.
3 - "Member of United States Forces" means any individual belonging to the United States Army, Navy, Air Force, Marine Corps or Coast Guard.
4 - "a member of the civilian component" means any civilian employed by the U.S. Department of Defense. Term does not include individuals normally resident in Iraq.
5 - "United States contractors" and "contractor employees with the United States" means these terms of persons or legal entities, non-Iraqi employees, who are U.S. citizens or nationals of third countries who are in Iraq to provide goods and services and security in Iraq to U.S. forces or on its behalf, under a contract or subcontract with or for the U.S. forces. Terms do not include individuals or legal entities normally resident in the territory of Iraq.
6 - "Official vehicles" means commercial vehicles that may be modified for security purposes, and are basically designed for movement on various roads and designated for transportation of personnel.
7 - "Military vehicles" means all types of vehicles used by U.S. forces, and originally intended to be used in combat operations, and carry distinctive numbers and signs in particular, according to the instructions and regulations of the United States Forces.
8 - "Defense equipment" means systems, weapons and materiel, equipment, supplies and materials used in conventional warfare exclusively, that the U.S. needs in regard to the activities agreed upon in this Agreement, which are not linked directly or indirectly, to systems of weapons of mass destruction (chemical weapons, nuclear weapons, radiological and biological weapons, and waste associated with such weapons).
9 - "Storage" means the keeping of defense equipment required by United States forces on the activities agreed upon in this Agreement.
10 - "taxes and fees" means all taxes, fees (including tariffs) and levies of any kind, imposed by the Government of Iraq Ooajhzatha Omhafezadtha under Iraqi laws and regulations. Term does not include charges by the Iraqi government or its agencies, or governorates for services requested and received by U.S. forces.
Article III
Laws
1 - members of the forces committed to the United States and members of the civilian component of the duty to respect the laws and customs, traditions and customs of Iraq, when conducting military operations under this Agreement, and shall refrain from any activities that are inconsistent with the letter and spirit of this Agreement. The United States and the duty to take all necessary measures for this purpose.
2 - Except members of the U.S. forces and the civilian component shall not force the U.S. states the transfer of any person entry to Iraq or out of it on board vehicles, ships or aircraft covered by this Agreement except in accordance with the laws and regulations Iraqi window including any operational arrangements may be approved by the Iraqi government.
Article IV
Tasks
1. Government of Iraq requests the temporary assistance of U.S. forces to support them in their efforts to maintain security and stability in Iraq, including cooperation in operations against al Qaeda and other terrorist groups and outlaw groups and remnants of the former regime.
2. All such military operations that are performed under this Agreement with the consent of the Government of Iraq. And shall be fully coordinated operations with the Iraqi authorities. And oversees the coordination of all the military operations of the Joint Commission to coordinate military operations (JMOCC) that is formed under this Agreement. And referred to the Joint Ministerial Committee of issues relating to proposed military operations that can not be on the joint committee to coordinate military operations decide on them.
3. All these operations must be with full respect for the Iraqi constitution and Iraqi laws, and have performed these operations without exceeding the sovereignty of Iraq and its national interests, as determined by the Iraqi government. It is the duty of the United States to respect Iraq's laws and customs, and traditions and applicable international law.
4. The Parties shall continue their efforts for cooperation in order to strengthen the capacity of Iraq's security, as may be mutually agreed, including training, equipment, support, supply, construction and upgrading logistical systems, including transport, accommodation and catering for the Iraqi security forces.
5. Parties retain the right to legitimate self defense within Iraq, as defined in applicable international law.
Article V
Property Ownership
1 - Iraq owns all buildings and structures, and immovable property in land and existing installations and areas agreed upon, including those used by U.S. forces, constructed, altered, or improved.
2 - At withdrawal, the United States Forces shall return to the Government of Iraq all the facilities and areas provided for the use of U.S. combat forces based on two lists. The first list of the installations and agreed upon once the Agreement enters into force. The second list in the period up to June 30, 2009 date for the withdrawal of combat troops from cities and towns and villages. And the Iraqi government's agreement to allow U.S. forces to use some of the facilities necessary for the purposes of this Agreement on the withdrawal.
3 - United States shall bear all costs for construction, alterations, or improvements in the installations and areas agreed upon for its exclusive use. The U.S. will consult with the Iraqi government about the construction, modification and development, and must seek approval of the Iraqi government on construction projects and major modifications. In the case of shared use of installations and areas agreed by the parties bear the costs of construction, alterations, or improvements proportionately.
4 - United States shall bear the costs requested and received from services in installations and areas agreed upon for its exclusive use. The parties shall bear the costs of required services that are obtained in the installations and areas agreed upon by the common usage of each party.
5 - Upon discovery of any historical or cultural site or finding any strategic resource in the installations and areas agreed upon, all works of construction or development or modification immediately, and the Iraqi representatives in the Joint Committee in order to determine the appropriate steps on it.
6 - United States shall return agreed facilities and areas under and any structures and immovable had built, installed or established during the term of this Agreement, according to mechanisms and priorities set by the Joint Committee, and recognizes these facilities and areas to the Iraqi government free of any debts and financial burdens.
7 - the U.S. will return to the Iraqi government installations and areas agreed with the importance of heritage and the moral, political, and any facilities and structures that it had built, installed, or established, according to mechanisms and priorities and a time period agreed upon by the Joint Committee of any debts or financial burdens.
8 - the U.S. will return the rest of the installations and areas agreed to the Iraqi government at the end of the term of this Agreement or upon termination of, or at any time prior to that agreed upon by the parties, or when no longer required U.S. forces to the facilities as determined by the Commission joint of any debts and financial burdens.
9 - Reserves of U.S. troops and contractors with the United States title to all equipment, materials and construction supplies and other movable and immovable property imported to Iraq or have been obtained within the territory of Iraq are legitimate and relevant to this Agreement.
Article VI
The use of the installations and areas agreed upon
1 - With full respect for the sovereignty of Iraq, and in the context of exchange of views between the parties under this Agreement, Iraq grants access to the installations and areas agreed upon and used by U.S. forces and contractors with the United States and employees of these contractors, individuals or other entities, as agreed by the parties.
2 - Iraq permits under this Agreement to United States Forces to exercise inside the installations and areas agreed upon by all rights and powers as may be necessary to create, use and maintain, and secure the installations and areas agreed upon. The Parties shall coordinate and cooperate with each other on the exercise of those rights and authorities of the agreed facilities and areas of joint use.
3 - United States Forces shall assume control of the installations and areas agreed upon for its exclusive use. The Parties shall coordinate the control of the installations and areas agreed upon for joint use, according to mechanisms established by the Joint Committee for the Coordination of joint military operations, the Parties shall coordinate guard duties in areas adjacent to the installations and areas agreed upon by the joint committee to coordinate military operations.
Article VII
Development of defense equipment and storage
The forces of the United States to put inside the installations and areas agreed upon and in other temporary locations agreed upon by the Parties defense equipment and supplies and materials needed by U.S. forces linked to the activities agreed upon under this Agreement. And the forces of the United States the use and storage of such equipment in proportion to the temporary missions in Iraq, according to Article (4) of this Agreement, shall not be related directly or indirectly, to systems of weapons of mass destruction (chemical weapons, nuclear weapons, radiological weapons, biological weapons and related waste such weapons). And the forces of the United States to control the use and transfer of defense equipment owned by it which are stored in Iraq. And shall ensure that no storage of explosives or munitions are near residential areas, and shall remove such materials stored in installations near residential areas. And the United States provide the Iraqi government with the necessary information on the numbers and types of these materials are stored.
Article VIII
Protection of the environment
Both Parties shall implement this Agreement in a manner consistent with protecting the natural environment, health and human safety. And the United States reaffirms its commitment to respect environmental laws and Iraqi laws in force in the implementation of policies for the purposes of this Agreement.
Article IX
Movement of vehicles, ships and aircraft
1 - With full respect for the rules of safety and movement of land and marine-related, it is permissible for vehicles and ships used by U.S. forces, or those that are managed at the time exclusively for their own, may enter and exit, and move inside Iraqi territory for the purposes of the implementation of this Agreement. And the Joint Committee for the Coordination of joint military operations procedures and the appropriate rules to facilitate and regulate the movement of vehicles.
2 - With full respect for the rules of aviation safety and air navigation related to the authorized United States Government aircraft and civil aircraft operating under a contract with the U.S. Department of Defense exclusively At the time, flying in Iraqi airspace and conduct airborne refueling for the purposes of implementing this Agreement, and take off and landing within the territory of Iraq for the purposes of this Agreement. The Iraqi authorities shall grant the aforementioned aircraft permission every year to land in the territory of Iraq and take off for the purposes of implementing this Agreement. The aircraft, ships and vehicles of the United States government and civil aircraft that operate exclusively at the time under contract with the Ministry of Defence of the United States the rise of any party on board without the consent of United States Forces authorities on that, and agree Joint Sub-Committee on this matter to the appropriate procedures to facilitate the regulation of traffic .
3 - Surveillance and control over Iraqi airspace to Iraqi authorities immediately upon the entry into force of this Agreement.
4 - To the Iraqi government to ask U.S. forces to provide temporary support for the Iraqi authorities in the task of monitoring Iraqi airspace and control.
5 - Exempt United States Government aircraft and civil aircraft that operate exclusively at the time under contract with the U.S. Department of Defense from paying any taxes, fees or levies or similar fees, including fees to fly or levies of air navigation or landing or waiting in airports, which are managed by the Iraqi government. And shall be exempt from paying any taxes, fees or levies or similar fees of vehicles and ships owned by United States forces or are being used exclusively by the forces of the United States for the purposes of this Agreement and includes the ports run by the Iraqi government. And exempt these vehicles, ships and aircraft from the registration requirements within Iraq.
6 - The United States Forces shall pay fees for services requested and received.
7 - Each Party shall provide the other with maps and other available information on the location of minefields and other obstacles that could impede movement within the territory and waters of Iraq, or exposure to risk.
Article X
Contracting procedures
The United States Forces may select contractors and enter into contracts under U.S. law for the purchase of materials and services in Iraq, including services of construction. Contracted by the U.S. forces as much as possible with Iraqi suppliers of materials and services when their bids are competitive and constitute best value. And United States Forces shall respect Iraqi law when contracting with Iraqi suppliers and contractors, and shall provide Iraqi authorities the names of Iraqi suppliers and contractors and the amounts of relevant contracts.
Article XI
Services and Communications
1 - The forces of the United States production and water supply, electricity and other services to other facilities and areas agreed upon in coordination with the Iraqi authorities through the Joint Sub-Committee concerned.
2 - Government of Iraq owns all frequencies. Iraqi authorities shall allocate the appropriate frequencies for the U.S. forces as coordinated by the two sides of the joint committee to coordinate military operations (JMOCC). The United States Forces shall return frequencies allocated to them at the completion of their use not later than the date of termination of this Agreement.
3 - United States Forces shall run their systems for communications with full respect for the Constitution and laws of Iraq, according to the definition of communication systems provided for in the Constitution of the International Telecommunication Union in 1992, including the right to use the necessary means and services of their own systems to ensure the full capacity for the operation of communications systems.
4 - For the purposes of this agreement the United States Forces are exempt from paying any fees to use transmission airwaves and frequencies currently used or allocated in the future, including any administrative fees or other fees from the other.
5 - Forces should the United States approval of the Government of Iraq regarding any projects of infrastructure for communications outside the installations and areas agreed upon for the exclusive purposes of implementing this Agreement and in accordance with Article IV, except in the case of actual combat operations conducted pursuant to Article IV.
6 - The United States Forces shall use telecommunications systems exclusively for the purposes of this Agreement.
Article XII
Jurisdiction
Recognizing Iraq's sovereign right to determine and enforce the rules of criminal and civil law on its territory, in light of Iraq's request for the temporary assistance of U.S. forces, as shown in Article IV (4), in line with the duty of members of the U.S. forces and the civilian component to respect the laws and traditions, customs and values Iraq, the parties agreed on the following:
1. Iraq's primary right to exercise jurisdiction over members of the U.S. forces and the civilian component for grave premeditated felonies enumerated pursuant to paragraph eight (
, when such crimes are committed outside agreed facilities and areas under and outside duty status. 2. Iraq's primary right to exercise jurisdiction over United States contractors and their employees.
3. Of the United States the primary right to exercise jurisdiction over members of the U.S. forces and the civilian component for matters arising inside the installations and areas agreed upon, and during duty status outside installations and areas agreed upon, and in circumstances not covered by paragraph 1.
4. The Parties shall assist each other, at the request of one of them, in the investigation of incidents and the collection and exchange of evidence to ensure the due course of justice.
5. The arrest or detention of members of the U.S. forces and the civilian element by the Iraqi authorities are telling the United States Forces authorities shall immediately and handed over to them within (24) hours from the time of arrest or detention. Where Iraq exercises jurisdiction pursuant to paragraph (1) of this article the U.S. authorities custody of an accused member of the U.S. forces or civilian component. And the United States Forces authorities to provide those individuals accused to the Iraqi authorities for investigation and trial.
6. To the authorities of any of the parties to request the authorities of the other party to waive its primary right to jurisdiction in a particular case. Government of Iraq agrees to exercise jurisdiction in accordance with paragraph (1) above only after approval and notifies the United States in writing within (21) days of the discovery of the crime alleged, that the exercise of such jurisdiction of special importance.
7. In cases in which United States exercises jurisdiction pursuant to paragraph (3) of this section shall be members of the U.S. forces and the civilian component shall be entitled to due process standards and protections guaranteed under the U.S. Constitution and U.S. laws.
In the event of a crime subject to the provisions of paragraph (3) of this article and the victim is a person who is not member of the U.S. forces or civilian component, the Parties shall establish procedures through the Joint Committee to inform the persons informed as appropriate, to develop the investigation of crime, and to direct the list of charges to the accused, and determine the date of the court proceedings and the outcome of the talks on the status of the accused, and the opportunity to hear the statements of the accused in open court during which he was sentenced to, and consultation with the prosecuting attorney to pursue the case, and assistance in filing a claim under Article XXI (21) of this Agreement. The United States Forces authorities to seek, and as mutually agreed between them, in order to conduct a trial of such cases inside Iraq. If the trial of such cases in the United States, efforts will be made in order to facilitate the personal attendance of the victim in the trial.
8. In cases where Iraq exercises jurisdiction pursuant to paragraph (1) of this Article, the members of the U.S. forces and the civilian component shall be entitled to due process standards and protections consistent with those available under U.S. law and Iraqi law. Joint Committee shall establish procedures and mechanisms for the implementation of this article, including an account of the grave premeditated felonies that are subject to paragraph (1) and procedures that meet due process standards and guarantees. May not exercise jurisdiction pursuant to paragraph (1) of this article except in accordance with these procedures and mechanisms.
9. Recognizes the United States Forces authorities, pursuant to paragraph (1) and (3) of this Article, whether the alleged crime had occurred during duty status. In those cases where Iraqi authorities believe that the circumstances require a review of this report, the Parties shall consult immediately through the Joint Committee, take U.S. authorities a full account of the facts and circumstances and any information that may be provided by the Iraqi authorities have an impact on the report of United States Forces authorities.
10. 10. The Parties shall review the provisions contained in this article all (6) months, including any proposed amendments to this Article, taking into account the security situation in Iraq, and how engaged the U.S. forces in military operations, and the growth and development of the Iraqi judicial system, and changes in U.S. law and Iraqi law .
Article XIII
Carrying weapons and wearing uniforms
For members of the United States and members of the civilian component of the possession and carrying of weapons belonging to the United States while in Iraq under the authority granted to them under orders to them, and according to their requirements and duties. As members of the U.S. forces should wear uniforms during duty in Iraq.
Article XIV
Entry and exit
1. 1. For purposes of this Agreement, members of the U.S. forces and members of the civilian component may enter and leave Iraq through official places of embarkation and debarkation requiring only identification cards and travel orders issued to them from the United States. The joint committee is to develop a mechanism and the context of the check which the competent Iraqi authorities executed.
2. 2. Iraqi authorities the right to inspect and verify the lists of names of members of the U.S. forces and the civilian component entering and leaving Iraq directly through the installations and areas agreed upon. The lists shall be submitted to the Iraqi authorities by the forces of the United States.
For purposes of this Agreement, members of the U.S. forces and the civilian component of the entry and exit from Iraq via the installations and areas agreed upon requiring only identification cards issued by the United States for each of them. The joint committee is to develop a mechanism and a process for checking and verifying the authenticity of these documents.
Article XV
Import and export
1. 1. For purposes of implementing this agreement exclusively for the U.S. forces and contractors may import into Iraq and export (items bought in Iraq), and for them to re-export, transport, and use in Iraq any equipment, supplies, materials or technology, provided that the materials they import or bring banned in Iraq as of the date this Agreement enters into force. Not subject to inspection of the import of such materials and re-export, transfer and use, are not subject to licenses, or any other restrictions, taxes or customs duties or other charges imposed in Iraq, according to the definition contained in paragraph (10) of Article II. And the United States Forces authorities to submit to the relevant Iraqi authorities an appropriate certification that these materials are imported by the forces of the United States or United States contractors to use U.S. forces for the purposes of this Agreement.
Based on security information available to it, to the Iraqi authorities the right to demand from the U.S. and open in their presence any container in which such items are imported to verify the contents. And Iraqi authorities shall honor such a request the security requirements of the U.S. forces, and if requested so by the United States forces, shall make such verifications in facilities used by U.S. forces. Not subject to the export of Iraqi goods by the U.S. forces and its contractors for any inspections or any restrictions other than licensing requirements. The Joint Committee shall work with the Iraqi Ministry of Trade, according to Iraqi law to facilitate the provision of the requirements for obtaining leave for the purpose of the U.S. forces to export of goods purchased in Iraq for the purposes of this Agreement. Iraq has the right to request a review of any issues arising from the application of this paragraph. And the Parties shall consult immediately in such cases through the Joint Committee or, if necessary, through the Joint Ministerial Committee.
2. For members of the U.S. forces and the civilian component may import into Iraq, re-export and use of materials and devices their own personal consumption or for the purpose of personal use. Not subject to import and re-export, transfer and use of such imported items in Iraq to leave, restrictions or taxes or levies or any other charges imposed in Iraq, as described in paragraph (10) of Article II. And imported quantities shall be reasonable and proportionate to personal use. Forces and authorities will take action by the United States to ensure that any export of items or materials of cultural or historic significance to Iraq.
3. Any inspections of materials referred to in paragraph (2) by the Iraqi authorities must be done urgently in an agreed upon place and according to procedures established by the Joint Committee.
4. Subject to taxes and customs duties as defined in paragraph (10) of Article II of any material imported exempt from customs duties and other fees in accordance with this Agreement and any other fees when you sell to individuals or entities not included in the tax exemption or special privileges for import, and the buyer pays these taxes and levies (including customs duties) for the materials that were sold, and the estimated value of these taxes and levies at the time of the sale of these materials into Iraq.
5. 5. Must not be imported or use the substances referred to in paragraphs of this article or for commercial purposes.
Article XVI
Taxes
1. 1. Does not impose any taxes, fees or levies, as defined in paragraph (10) of Article II, valued and imposed in the territory of Iraq, on goods and services that are purchased in Iraq by U.S. forces or their behalf for the purposes of official use, and does not impose any of it on goods and services purchased in Iraq on behalf of the U.S. forces.
2. 2. Shall not be members of the U.S. forces and the civilian element responsible for payment of any tax, fee or levy value determined and imposed in the territory of Iraq, were not for the services requested and received.
Article XVII
Leave Oturakhis
1. 1. Driver's licenses in force issued by the United States authorities to members of the U.S. forces and the civilian element and employees of contractors with the United States, acceptable to the Iraqi authorities. Holders of licenses will not be exposed to the driving test or fee for operating the vehicles, vessels and aircraft belonging to U.S. forces in Iraq.
2. 2. Driver's licenses in force issued by the United States authorities to members of the U.S. forces and the civilian element and employees of contractors with the United States to take effect when the Iraqi authorities to use their own vehicles within the territory of Iraq without holders are subject to testing or collection.
3. 3. All professional licenses issued by United States authorities to members of the U.S. forces and the civilian element and employees of contractors with the United States acceptable to the Iraqi authorities, that such licenses are related to the services they provide in the performance of their official duties or contracts in support of U.S. forces, and members of the element civil, and contractors with the United States, and users working for these contractors, in accordance with the conditions agreed upon between the parties.
Article XVIII
Official and Military Vehicles
1. 1. Official vehicles of the official Iraqi license plates to be agreed upon between the parties. Iraqi authorities shall, upon the request of the authorities of the United States Forces, issue registration plates for official vehicles of the United States Forces without fees, according to the procedures used for the Iraqi armed forces. The authorities pay the United States forces to Iraqi authorities the cost of such plates.
2. 2. Valid registration and licenses issued by United States authorities for official vehicles of the United States Forces acceptable to the Iraqi authorities.
3. 3. Exempt from licensing and registration requirements of military vehicles used by U.S. forces exclusively, and these vehicles by clear numbers.
Article XIX
Supporting activities and services
1. 1. The United States Forces, or others acting on behalf of the U.S. forces, to do the duties of establishing and administering activities and entities inside the installations and areas agreed upon, which they can provide services to members of the U.S. forces and the civilian element, contractors with the United States and employees of contractors with the United States. These entities and activities of military post offices and financial services, and shops selling food, medicines and other goods and services, and various areas to provide entertainment and services wired and wireless communication, including radio services. Does not require the establishment of these services permits.
2. 2. Subject to Iraqi laws and radio services, information and entertainment that reach beyond the scope of the installations and areas agreed upon.
3. 3. Limited access to supporting activities and services to members of the U.S. forces and the civilian element, contractors with the United States and their employees and individuals and entities that are agreed upon. And the United States Forces authorities to take appropriate measures to prevent misuse of the services provided by the mentioned activities, and prevent the sale or resale of goods and services referred to persons not authorized access to these entities and to benefit from their services. The United States Forces will determine broadcasting and television programs to authorized recipients.
4. 4. The entities and activities that provide the services referred to in this article the same financial and customs exemptions enjoyed by the United States Forces, including exemptions guaranteed in Articles XV (15) and sixteen (16) of this Agreement. Is the operation and management of these entities and activities that provide services in accordance with United States regulations, and will not be those entities and activities obligated to collect or pay taxes or other fees for activities related to its operations.
5. 5. The mail sent through military mail services to the ratification of the United States authorities, and shall be exempt from inspection, search and seizure by Iraqi authorities, with the exception of non-official mail that may be subject to electronic surveillance. The Subcommittee on common issues that arise in the implementation of this paragraph, be settled by mutual agreement. The Joint Sub-Committee on periodically inspect the mechanisms by which the United States authorities for the ratification of the military mail.
Article XX
Currency and foreign exchange
1. 1. The forces of the United States the right to use any amount of U.S. currency or financial documents specified value of American currency for the purposes of this Agreement exclusively. The use of U.S. forces of Iraqi currency and private banks, in accordance with Iraqi laws.
2. 2. An army of the United States to export Iraqi currency from Iraq, and shall take measures to ensure that members of the U.S. forces and the civilian element, contractors with the United States and employees of contractors with the United States to export Iraqi currency from Iraq.
Article XXI
Claims
1. 1. The exception of claims arising out of contracts, give the parties the right to ask the other party for compensation for any damage, loss or destruction to property of the armed forces or civilian component of either party or to claim compensation for injuries or death may occur for members of the armed forces and the civilian component arising from carrying out their official duties in Iraq.
2. 2. The United States Forces authorities to pay fair and reasonable compensation to settle entitled claims of any third party, arising from the actions of members of the U.S. forces and the civilian component or as a result of their negligence, in the course of official duties, or be related to non-combat activities of U.S. forces . Authorities may force the United States Dueness settlement of claims not arising from the performance of official duties promptly and in accordance with the laws and regulations of the United States. In settling claims, the U.S. authorities into account any report of investigation or opinion issued by Iraqi authorities on liability or damages.
3. 3. The Parties shall consult immediately through the Joint Committee or, if necessary, through the Joint Ministerial Committee, in cases that need to review that mentioned in paragraphs 1 and 2 above, at the request of one of the parties.
Article XXII
Detention
1. 1. An army of the United States arrest any person or arrest him (except the detention or arrest of a member of the U.S. forces or the civilian component) except through an Iraqi decision issued in accordance with Iraqi law and pursuant to Article IV.
2. 2. In the event the United States Forces detain persons or arrest as authorized by this Agreement or Iraqi law, these persons must be handed over to competent Iraqi authorities within 24 hours of their detention or arrest.
3. 3. The Iraqi authorities may request assistance from the United States forces for the purpose of arrest of wanted persons or arrest.
4. 4. At the start of the implementation of this Agreement, the United States forces available to provide information on all detainees to the Iraqi government has. Competent Iraqi authorities shall issue arrest warrants for wanted them. United States Forces shall the full and effective coordination with the Iraqi government to extradite them according to Iraqi arrest warrant and a window to release all remaining detainees in an orderly and safe only if the Iraqi government requested otherwise pursuant to Article (4) of this Agreement.
5. 5. May not be for the U.S. forces search houses or other real estate, except under an Iraqi judicial order issued in this regard and in full coordination with the Iraqi government, except in cases where there is actual combat operations pursuant to Article (4).
Article XXIII
Implementation
The implementation of this agreement and the settlement of disputes arising from the interpretation and application of the following bodies:
1. 1. Form a joint ministerial committee whose members are persons at the ministerial level determined by both parties. The Joint Ministerial Committee shall consider and decide on issues fundamental to the interpretation and implementation of this Agreement.
2. 2. Joint Ministerial Committee shall form a joint committee to coordinate military operations (JMOCC) composed of representatives of both parties. The chairmanship of the joint committee to coordinate military operations (JMOCC) shared between the parties.
3. 3. The Joint Ministerial Committee is also a joint committee composed of representatives chosen by the parties and chaired jointly by a representative from each of the parties. The Committee shall consider and decide on all issues relating to this agreement that is not within the jurisdiction of the joint committee to coordinate military operations (JMOCC).
4. 4. Constitute the joint committee formed in accordance with paragraph (3) of this article to a joint sub-committees in various areas to consider the issues arising from the Convention in accordance with its terms of reference.
Article XXIV
Withdrawal of U.S. troops from Iraq
Recognizing the performance of Iraqi security forces and increase their capacity, and assuming full responsibility for security and building a strong relationship between the parties, it was agreed as follows:
1. 1. All U.S. forces withdraw from all land, water and airspace of Iraq no later than December 31, 2011.
2. 2. All U.S. combat forces withdraw from cities, villages and towns of Iraq no later than the date that Iraqi forces assume full responsibility for security in any Iraqi province, provided that complete withdrawal of U.S. forces from the places mentioned above not later than 30 June 2009 AD .
3. 3. Based U.S. combat forces withdrawn pursuant to paragraph (2) above in the installations and areas agreed upon that are located outside the cities, villages and towns that will be determined by the joint committee to coordinate military operations (JMOCC) before the date specified in paragraph 2 above.
4. 4. The United States recognizes the sovereign right of the Government of Iraq to request the departure of U.S. forces from Iraq at any time. The Government of Iraq recognizes the sovereign right of the United States to withdraw U.S. forces from Iraq at any time.
5. 5. The Parties agree to establish mechanisms and arrangements to reduce the number of U.S. forces during specified periods of time, and they must agree on the locations where these troops will stabilize.
Article XXV
Measures to end the application of Chapter VII to Iraq
Recognition of the right of the Government of Iraq not to request renewal of the mandate and authority granted to the multinational force under Chapter VII is included in the UN Security Council Resolution No. (1790) (2007), a mandate which expires on 31 December 2008;
And referring to the letters addressed to the UN Security Council: Letter from Prime Minister of Iraq and a message from Secretary of State in the United States on 7 and 10 December 2007, respectively, which are annexed to Resolution (1790);
And a reference to Part III of the Declaration of Principles on the relationship of cooperation and friendship of long standing, signed by the President of the United States and the Prime Minister of Iraq on November 26, 2007, and the record of Iraq's call to extend the mandate referred to above for a final period to end not later than 31 December 2008;
Recognizing also the dramatic and positive developments in Iraq, and a reminder that the situation in Iraq is fundamentally different from the situation which existed when the UN Security Council adopted Resolution No. (661) in 1990, and in particular that the threat posed by the Government of Iraq to international peace and security is gone: the parties affirm in this connection that with the end of business on December 31, 2008 mandate and authorization granted to the multinational force under Chapter VII is included in the UN Security Council Resolution No. (1790), should return to Iraq, legal and international standing that it enjoyed prior to the adoption of Council resolution UN Security number (661) (1990), and also confirm that the United States will make best efforts to help Iraq to take the necessary steps to achieve this by December 31, 2008.
Article Twenty-Six
Iraqi assets
1. 1. To enable Iraq to continue to develop its national economy through the rehabilitation of economic infrastructure, as well as provide essential services to the Iraqi people, and to continue to safeguard Iraq's resources of oil and gas and other resources and maintain as well as the financial and economic assets abroad, including the Development Fund of Iraq, which included the United States to make maximum efforts in order to:
(A) - Support Iraq to obtain forgiveness of international debt resulting from the policies of the former regime.
(B) - Support for Iraq to reach a comprehensive and final resolution of claims for compensation that Iraq inherited from the previous regime have not been resolved yet, including compensation requirements imposed on Iraq by the UN Security Council.
2. 2. Recognizing and understanding Iraq's concern with claims based on acts committed by the former regime, and an understanding of this exercise the powers of the President of the United States to provide protection for the Development Fund for Iraq and certain other property in which Iraq has an interest of the American judicial system. The United States will remain committed to fully and effectively with the Iraqi government with respect to continuing the protection and respect of those claims.
3. 3. In line with a message from the President of the United States will be sent to the Prime Minister of Iraq, the United States remains committed to helping Iraq on the request submitted to the Security Council extend the protections and other arrangements on petroleum, petroleum products and natural gas produced in Iraq, and the resources and obligations arising from these sales, the Development Fund for Iraq , the arrangements set out in Security Council resolutions (1483) (2003) and (1546) (2003).
Article Twenty-Seven
Deterring security risks
In order to promote security and stability in Iraq and to contribute to peace and stability, both parties seek actively to promote political and military capabilities of the Republic of Iraq to deter threats against its sovereignty, political independence and territorial integrity and its democratic federal constitution. And agree in this regard:
1 - In the event of any external or internal threat against Iraq or an aggression upon it, would violate its sovereignty, political independence or territorial integrity, waters or airspace or threatens its democratic system or its elected institutions, and at the request of the Government of Iraq, the Parties shall, immediately initiate strategic deliberations, and as may be mutually agreed between them, the United States take appropriate measures, measures that include diplomatic, economic, or military or any other measure, to deter such a threat.
2 - The parties agree to continue close cooperation in strengthening and maintaining military and security institutions and democratic political institutions in Iraq, including, as may be mutually agreed, cooperation in training, equipping and arming of Iraqi security forces, to combat domestic and international terrorism and outlaw groups , at the request of the Iraqi government.
3 - Do not use the lands and waters and airspace of Iraq or transit point for attacks against others.
Article Twenty-Eight
Green Zone
Upon entry into force of this Agreement the Iraqi government full responsibility for the Green Zone. And the Iraqi government to ask the United States Forces limited and temporary support for the Iraqi authorities in the mission of security in the Green Zone, when such request, the relevant Iraqi authorities to work jointly with the forces of the United States on security in the Green Zone during the period of time determined by the Iraqi government .
Article Twenty-ninth
Implementation arrangements
Whenever the need arises, the Parties shall establish appropriate mechanisms to implement the articles of this Agreement, including those that did not include specific mechanisms for implementation.
Article Thirty
The duration of the force of this Convention
1 - This Agreement shall be effective for a period of three years, unless it is terminated by one by the parties before the end of that period pursuant to paragraph (3) of this Article.
2 - does not modify this Agreement without the consent of the parties formally and in writing in accordance with the constitutional procedures in both countries.
3 - This Agreement shall terminate after one year of receipt of a party from the other party notice in writing.
4 - This Agreement shall enter into force with effect from the first day of January 2009, after both parties have exchanged diplomatic notes confirming the completion of necessary procedures for each of the implementation of the Agreement in accordance with the constitutional procedures of both parties.
Was the signing of this agreement in Baghdad on the seventeenth day of the month of November 2008 in two original copies in Arabic and English, both texts being equally authentic.
For
United States of America
For
Republic of Iraq
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