This is just a diversion

Status of Forces Agreement uneditied

Agreement

Between the United States of America and the Republic of Iraq

On the Withdrawal of United States Forces from Iraq and the Organization of

Their Activities during Their Temporary Presence in Iraq

Preamble

The United States of America and the Republic of Iraq, referred to hereafter as “the

Parties”:

Recognizing the importance of: strengthening their joint security, contributing to world

peace and stability, combating terrorism in Iraq, and cooperating in the security and

defense spheres, thereby deterring aggression and threats against the sovereignty,

security, and territorial integrity of Iraq and against its democratic, federal, and

constitutional system;

Affirming that such cooperation is based on full respect for the sovereignty of each of

them in accordance with the purposes and principles of the United Nations Charter;

Out of a desire to reach a common understanding that strengthens cooperation between

them;

Without prejudice to Iraqi sovereignty over its territory, waters, and airspace; and

Pursuant to joint undertakings as two sovereign, independent, and coequal countries;

Have agreed to the following:

Article 1

Scope and Purpose

This Agreement shall determine the principal provisions and requirements that regulate

the temporary presence, activities, and withdrawal of the United States Forces from Iraq.

Article 2

Definition of Terms

1. “Agreed facilities and areas” are those Iraqi facilities and areas owned by the

Government of Iraq that are in use by the United States Forces during the period in which

this Agreement is in force.

2. “United States Forces” means the entity comprising the members of the United States

Armed Forces, their associated civilian component, and all property, equipment, and

materiel of the United States Armed Forces present in the territory of Iraq.

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3. “Member of the United States Forces” means any individual who is a member of the

United States Army, Navy, Air Force, Marine Corps, or Coast Guard.

4. “Member of the civilian component” means any civilian employed by the United

States Department of Defense. This term does not include individuals normally resident

in Iraq.

5. “United States contractors” and “United States contractor employees” mean non-Iraqi

persons or legal entities, and their employees, who are citizens of the United States or a

third country and who are in Iraq to supply goods, services, and security in Iraq to or on

behalf of the United States Forces under a contract or subcontract with or for the United

States Forces. However, the terms do not include persons or legal entities normally

resident in the territory of Iraq.

6. “Official vehicles” means commercial vehicles that may be modified for security

purposes and are basically designed for movement on various roads and designated for

transportation of personnel.

7. “Military vehicles” means all types of vehicles used by the United States Forces,

which were originally designated for use in combat operations and display special

distinguishing numbers and symbols according to applicable United States Forces

instructions and regulations.

8. “Defense equipment” means systems, weapons, supplies, equipment, munitions, and

materials exclusively used in conventional warfare that are required by the United States

Forces in connection with agreed activities under this Agreement and are not related,

either directly or indirectly, to systems of weapons of mass destruction (chemical

weapons, nuclear weapons, radiological weapons, biological weapons, and related waste

of such weapons).

9. “Storage” means the keeping of defense equipment required by the United States

Forces in connection with agreed activities under this Agreement.

10. “Taxes and duties” means all taxes, duties (including customs duties), fees, of

whatever kind, imposed by the Government of Iraq, or its agencies, or governorates under

Iraqi laws and regulations. However, the term does not include charges by the

Government of Iraq, its agencies, or governorates for services requested and received by

the United States Forces.

Article 3

Laws

1. While conducting military operations pursuant to this Agreement, it is the duty of

members of the United States Forces and of the civilian component to respect Iraqi laws,

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customs, traditions, and conventions and to refrain from any activities that are

inconsistent with the letter and spirit of this Agreement. It is the duty of the United States

to take all necessary measures for this purpose.

2. With the exception of members of the United States Forces and of the civilian

component, the United States Forces may not transfer any person into or out of Iraq on

vehicles, vessels, or aircraft covered by this Agreement, unless in accordance with

applicable Iraqi laws and regulations, including implementing arrangements as may be

agreed to by the Government of Iraq.

Article 4

Missions

1. The Government of Iraq requests the temporary assistance of the United States Forces

for the purposes of supporting Iraq in its efforts to maintain security and stability in Iraq,

including cooperation in the conduct of operations against al-Qaeda and other terrorist

groups, outlaw groups, and remnants of the former regime.

2. All such military operations that are carried out pursuant to this Agreement shall be

conducted with the agreement of the Government of Iraq. Such operations shall be fully

coordinated with Iraqi authorities. The coordination of all such military operations shall

be overseen by a Joint Military Operations Coordination Committee (JMOCC) to be

established pursuant to this Agreement. Issues regarding proposed military operations

that cannot be resolved by the JMOCC shall be forwarded to the Joint Ministerial

Committee.

3. All such operations shall be conducted with full respect for the Iraqi Constitution and

the laws of Iraq. Execution of such operations shall not infringe upon the sovereignty of

Iraq and its national interests, as defined by the Government of Iraq. It is the duty of the

United States Forces to respect the laws, customs, and traditions of Iraq and applicable

international law.

4. The Parties shall continue their efforts to cooperate to strengthen Iraq’s security

capabilities including, as may be mutually agreed, on training, equipping, supporting,

supplying, and establishing and upgrading logistical systems, including transportation,

housing, and supplies for Iraqi Security Forces.

5. The Parties retain the right to legitimate self defense within Iraq, as defined in

applicable international law.

Article 5

Property Ownership

1. Iraq owns all buildings, non-relocatable structures, and assemblies connected to the

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soil that exist on agreed facilities and areas, including those that are used, constructed,

altered, or improved by the United States Forces.

2. Upon their withdrawal, the United States Forces shall return to the Government of

Iraq all the facilities and areas provided for the use of the combat forces of the United

States, based on two lists. The first list of agreed facilities and areas shall take effect

upon the entry into force of the Agreement. The second list shall take effect no later than

June 30, 2009, the date for the withdrawal of combat forces from the cities, villages, and

localities. The Government of Iraq may agree to allow the United States Forces the use

of some necessary facilities for the purposes of this Agreement on withdrawal.

3. The United States shall bear all costs for construction, alterations, or improvements in

the agreed facilities and areas provided for its exclusive use. The United States Forces

shall consult with the Government of Iraq regarding such construction, alterations, and

improvements, and must seek approval of the Government of Iraq for major construction

and alteration projects. In the event that the use of agreed facilities and areas is shared,

the two Parties shall bear the costs of construction, alterations, or improvements

proportionately.

4. The United States shall be responsible for paying the costs for services requested and

received in the agreed facilities and areas exclusively used by it, and both Parties shall be

proportionally responsible for paying the costs for services requested and received in

joint agreed facilities and areas.

5. Upon the discovery of any historical or cultural site or finding any strategic resource

in agreed facilities and areas, all works of construction, upgrading, or modification shall

cease immediately and the Iraqi representatives at the Joint Committee shall be notified

to determine appropriate steps in that regard.

6. The United States shall return agreed facilities and areas and any non-relocatable

structures and assemblies on them that it had built, installed, or established during the

term of this Agreement, according to mechanisms and priorities set forth by the Joint

Committee. Such facilities and areas shall be handed over to the Government of Iraq free

of any debts and financial burdens.

7. The United States Forces shall return to the Government of Iraq the agreed facilities

and areas that have heritage, moral, and political significance and any non-relocatable

structures and assemblies on them that it had built, installed, or established, according to

mechanisms, priorities, and a time period as mutually agreed by the Joint Committee, free

of any debts or financial burdens.

8. The United States Forces shall return the agreed facilities and areas to the Government

of Iraq upon the expiration or termination of this Agreement, or earlier as mutually

agreed by the Parties, or when such facilities are no longer required as determined by the

JMOCC, free of any debts or financial burdens.

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9. The United States Forces and United States contractors shall retain title to all

equipment, materials, supplies, relocatable structures, and other movable property that

was legitimately imported into or legitimately acquired within the territory of Iraq in

connection with this Agreement.

Article 6

Use of Agreed Facilities and Areas

1. With full respect for the sovereignty of Iraq, and as part of exchanging views between

the Parties pursuant to this Agreement, Iraq grants access and use of agreed facilities and

areas to the United States Forces, United States contractors, United States contractor

employees, and other individuals or entities as agreed upon by the Parties.

2. In accordance with this Agreement, Iraq authorizes the United States Forces to

exercise within the agreed facilities and areas all rights and powers that may be necessary

to establish, use, maintain, and secure such agreed facilities and areas. The Parties shall

coordinate and cooperate regarding exercising these rights and powers in the agreed

facilities and areas of joint use.

3. The United States Forces shall assume control of entry to agreed facilities and areas

that have been provided for its exclusive use. The Parties shall coordinate the control of

entry into agreed facilities and areas for joint use and in accordance with mechanisms set

forth by the JMOCC. The Parties shall coordinate guard duties in areas adjacent to

agreed facilities and areas through the JMOCC.

Article 7

Positioning and Storage of Defense Equipment

The United States Forces may place within agreed facilities and areas and in other

temporary locations agreed upon by the Parties defense equipment, supplies, and

materials that are required by the United States Forces in connection with agreed

activities under this Agreement. The use and storage of such equipment shall be

proportionate to the temporary missions of the United States Forces in Iraq pursuant to

Article 4 of this Agreement and shall not be related, either directly or indirectly, to

systems of weapons of mass destruction (chemical weapons, nuclear weapons,

radiological weapons, biological weapons, and related waste of such weapons). The

United States Forces shall control the use and relocation of defense equipment that they

own and are stored in Iraq. The United States Forces shall ensure that no storage depots

for explosives or munitions are near residential areas, and they shall remove such

materials stored therein. The United States shall provide the Government of Iraq with

essential information on the numbers and types of such stocks.

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Article 8

Protecting the Environment

Both Parties shall implement this Agreement in a manner consistent with protecting the

natural environment and human health and safety. The United States reaffirms its

commitment to respecting applicable Iraqi environmental laws, regulations, and standards

in the course of executing its policies for the purposes of implementing this Agreement.

Article 9

Movement of Vehicles, Vessels, and Aircraft

1. With full respect for the relevant rules of land and maritime safety and movement,

vessels and vehicles operated by or at the time exclusively for the United States Forces

may enter, exit, and move within the territory of Iraq for the purposes of implementing

this Agreement. The JMOCC shall develop appropriate procedures and rules to facilitate

and regulate the movement of vehicles.

2. With full respect for relevant rules of safety in aviation and air navigation, United

States Government aircraft and civil aircraft that are at the time operating exclusively

under a contract with the United States Department of Defense are authorized to over-fly,

conduct airborne refueling exclusively for the purposes of implementing this Agreement

over, and land and take off within, the territory of Iraq for the purposes of implementing

this Agreement. The Iraqi authorities shall grant the aforementioned aircraft permission

every year to land in and take off from Iraqi territory exclusively for the purposes of

implementing this Agreement. United States Government aircraft and civil aircraft that

are at the time operating exclusively under a contract with the United States Department

of Defense, vessels, and vehicles shall not have any party boarding them without the

consent of the authorities of the United States Forces. The Joint Sub-Committee

concerned with this matter shall take appropriate action to facilitate the regulation of such

traffic.

3. Surveillance and control over Iraqi airspace shall transfer to Iraqi authority

immediately upon entry into force of this Agreement.

4. Iraq may request from the United States Forces temporary support for the Iraqi

authorities in the mission of surveillance and control of Iraqi air space.

5. United States Government aircraft and civil aircraft that are at the time operating

exclusively under contract to the United States Department of Defense shall not be

subject to payment of any taxes, duties, fees, or similar charges, including overflight or

navigation fees, landing, and parking fees at government airfields. Vehicles and vessels

owned or operated by or at the time exclusively for the United States Forces shall not be

subject to payment of any taxes, duties, fees, or similar charges, including for vessels at

government ports. Such vehicles, vessels, and aircraft shall be free from registration

requirements within Iraq.

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6. The United States Forces shall pay fees for services requested and received.

7. Each Party shall provide the other with maps and other available information on the

location of mine fields and other obstacles that can hamper or jeopardize movement

within the territory and waters of Iraq.

Article 10

Contracting Procedures

The United States Forces may select contractors and enter into contracts in accordance

with United States law for the purchase of materials and services in Iraq, including

services of construction and building. The United States Forces shall contract with Iraqi

suppliers of materials and services to the extent feasible when their bids are competitive

and constitute best value. The United States Forces shall respect Iraqi law when

contracting with Iraqi suppliers and contractors and shall provide Iraqi authorities with

the names of Iraqi suppliers and contractors, and the amounts of relevant contracts.

Article 11

Services and Communications

1. The United States Forces may produce and provide water, electricity, and other

services to agreed facilities and areas in coordination with the Iraqi authorities through

the Joint Sub-Committee concerned with this matter.

2. The Government of Iraq owns all frequencies. Pertinent Iraqi authorities shall allocate

to the United States Forces such frequencies as coordinated by both Parties through the

JMOCC. The United States Forces shall return frequencies allocated to them at the end

of their use not later than the termination of this Agreement.

3. The United States Forces shall operate their own telecommunications systems in a

manner that fully respects the Constitution and laws of Iraq and in accordance with the

definition of the term “telecommunications” contained in the Constitution of the

International Union of Telecommunications of 1992, including the right to use necessary

means and services of their own systems to ensure the full capability to operate systems

of telecommunications.

4. For the purposes of this Agreement, the United States Forces are exempt from the

payment of fees to use transmission airwaves and existing and future frequencies,

including any administrative fees or any other related charges.

5. The United States Forces must obtain the consent of the Government of Iraq regarding

any projects of infrastructure for communications that are made outside agreed facilities

and areas exclusively for the purposes of this Agreement in accordance with Article 4,

except in the case of actual combat operations conducted pursuant to Article 4.

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6. The United States Forces shall use telecommunications systems exclusively for the

purposes of this Agreement.

Article 12

Jurisdiction

Recognizing Iraq’s sovereign right to determine and enforce the rules of criminal and

civil law in its territory, in light of Iraq’s request for temporary assistance from the

United States Forces set forth in Article 4, and consistent with the duty of the members of

the United States Forces and the civilian component to respect Iraqi laws, customs,

traditions, and conventions, the Parties have agreed as follows:

Iraq shall have the primary right to exercise jurisdiction over members of the United

States Forces and of the civilian component for the grave premeditated felonies

enumerated pursuant to paragraph 8, when such crimes are committed outside agreed

facilities and areas and outside duty status.

Iraq shall have the primary right to exercise jurisdiction over United States contractors

and United States contractor employees.

The United States shall have the primary right to exercise jurisdiction over members of

the United States Forces and of the civilian component for matters arising inside agreed

facilities and areas; during duty status outside agreed facilities and areas; and in

circumstances not covered by paragraph 1.

At the request of either Party, the Parties shall assist each other in the investigation of

incidents and the collection and exchange of evidence to ensure the due course of justice.

Members of the United States Forces and of the civilian component arrested or detained

by Iraqi authorities shall be notified immediately to United States Forces authorities and

handed over to them within 24 hours from the time of detention or arrest. Where Iraq

exercises jurisdiction pursuant to paragraph 1 of this Article, custody of an accused

member of the United States Forces or of the civilian component shall reside with United

States Forces authorities. United States Forces authorities shall make such accused

persons available to the Iraqi authorities for purposes of investigation and trial.

The authorities of either Party may request the authorities of the other Party to waive its

primary right to jurisdiction in a particular case. The Government of Iraq agrees to

exercise jurisdiction under paragraph 1 above, only after it has determined and notifies

the United States in writing within 21 days of the discovery of an alleged offense, that it

is of particular importance that such jurisdiction be exercised.

7. Where the United States exercises jurisdiction pursuant to paragraph 3 of this Article,

members of the United States Forces and of the civilian component shall be entitled to

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due process standards and protections pursuant to the Constitution and laws of the United

States. Where the offense arising under paragraph 3 of this Article may involve a victim

who is not a member of the United States Forces or of the civilian component, the Parties

shall establish procedures through the Joint Committee to keep such persons informed as

appropriate of: the status of the investigation of the crime; the bringing of charges against

a suspected offender; the scheduling of court proceedings and the results of plea

negotiations; opportunity to be heard at public sentencing proceedings, and to confer with

the attorney for the prosecution in the case; and, assistance with filing a claim under

Article 21 of this Agreement. As mutually agreed by the Parties, United States Forces

authorities shall seek to hold the trials of such cases inside Iraq. If the trial of such cases

is to be conducted in the United States, efforts will be undertaken to facilitate the

personal attendance of the victim at the trial.

8. Where Iraq exercises jurisdiction pursuant to paragraph 1 of this Article, members of

the United States Forces and of the civilian component shall be entitled to due process

standards and protections consistent with those available under United States and Iraqi

law. The Joint Committee shall establish procedures and mechanisms for implementing

this Article, including an enumeration of the grave premeditated felonies that are subject

to paragraph 1 and procedures that meet such due process standards and protections. Any

exercise of jurisdiction pursuant to paragraph 1 of this Article may proceed only in

accordance with these procedures and mechanisms.

9. Pursuant to paragraphs 1 and 3 of this Article, United States Forces authorities shall

certify whether an alleged offense arose during duty status. In those cases where Iraqi

authorities believe the circumstances require a review of this determination, the Parties

shall consult immediately through the Joint Committee, and United States Forces

authorities shall take full account of the facts and circumstances and any information

Iraqi authorities may present bearing on the determination by United States Forces

authorities.

10. The Parties shall review the provisions of this Article every 6 months including by

considering any proposed amendments to this Article taking into account the security

situation in Iraq, the extent to which the United States Forces in Iraq are engaged in

military operations, the growth and development of the Iraqi judicial system, and changes

in United States and Iraqi law.

Article 13

Carrying Weapons and Apparel

Members of the United States Forces and of the civilian component may possess and

carry weapons that are owned by the United States while in Iraq according to the

authority granted to them under orders and according to their requirements and duties.

Members of the United States Forces may also wear uniforms during duty in Iraq.

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Article 14

Entry and Exit

1. For purposes of this Agreement, members of the United States Forces and of the

civilian component may enter and leave Iraq through official places of embarkation and

debarkation requiring only identification cards and travel orders issued for them by the

United States. The Joint Committee shall assume the task of setting up a mechanism and

a process of verification to be carried out by pertinent Iraqi authorities.

2. Iraqi authorities shall have the right to inspect and verify the lists of names of

members of the United States Forces and of the civilian component entering and leaving

Iraq directly through the agreed facilities and areas. Said lists shall be submitted to Iraqi

authorities by the United States Forces. For purposes of this Agreement, members of the

United States Forces and of the civilian component may enter and leave Iraq through

agreed facilities and areas requiring only identification cards issued for them by the

United States. The Joint Committee shall assume the task of setting up a mechanism and

a process for inspecting and verifying the validity of these documents.

Article 15

Import and Export

1. For the exclusive purposes of implementing this Agreement, the United States Forces

and United States contractors may import, export (items bought in Iraq), re-export,

transport, and use in Iraq any equipment, supplies, materials, and technology, provided

that the materials imported or brought in by them are not banned in Iraq as of the date this

Agreement enters into force. The importation, re-exportation, transportation, and use of

such items shall not be subject to any inspections, licenses, or other restrictions, taxes,

customs duties, or any other charges imposed in Iraq, as defined in Article 2, paragraph

10. United States Forces authorities shall provide to relevant Iraqi authorities an

appropriate certification that such items are being imported by the United States Forces

or United States contractors for use by the United States Forces exclusively for the

purposes of this Agreement. Based on security information that becomes available, Iraqi

authorities have the right to request the United States Forces to open in their presence any

container in which such items are being imported in order to verify its contents. In

making such a request, Iraqi authorities shall honor the security requirements of the

United States Forces and, if requested to do so by the United States Forces, shall make

such verifications in facilities used by the United States Forces. The exportation of Iraqi

goods by the United States Forces and United States contractors shall not be subject to

inspections or any restrictions other than licensing requirements. The Joint Committee

shall work with the Iraqi Ministry of Trade to expedite license requirements consistent

with Iraqi law for the export of goods purchased in Iraq by the United States Forces for

the purposes of this Agreement. Iraq has the right to demand review of any issues arising

out of this paragraph. The Parties shall consult immediately in such cases through the

Joint Committee or, if necessary, the Joint Ministerial Committee.

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2. Members of the United States Forces and of the civilian component may import into

Iraq, re-export, and use personal effect materials and equipment for consumption or

personal use. The import into, re-export from, transfer from, and use of such imported

items in Iraq shall not be subjected to licenses, other restrictions, taxes, custom duties, or

any other charges imposed in Iraq, as defined in Article 2, paragraph 10. The imported

quantities shall be reasonable and proportionate to personal use. United States Forces

authorities will take measures to ensure that no items or material of cultural or historic

significance to Iraq are being exported.

3. Any inspections of materials pursuant to paragraph 2 by Iraqi authorities must be done

urgently in an agreed upon place and according to procedures established by the Joint

Committee.

4. Any material imported free of customs and fees in accordance with this Agreement

shall be subjected to taxes and customs and fees as defined in Article 2, paragraph 10, or

any other fees valued at the time of sale in Iraq, upon sale to individuals and entities not

covered by tax exemption or special import privileges. Such taxes and fees (including

custom duties) shall be paid by the transferee for the items sold.

5. Materials referred to in the paragraphs of this Article must not be imported or used for

commercial purposes.

Article 16

Taxes

1. Any taxes, duties, or fees as defined in Article 2, paragraph 10, with their value

determined and imposed in the territory of Iraq, shall not be imposed on goods and

services purchased by or on behalf of the United States Forces in Iraq for official use or

on goods and services that have been purchased in Iraq on behalf of the United States

Forces.

2. Members of the United States Forces and of the civilian component shall not be

responsible for payment of any tax, duty, or fee that has its value determined and

imposed in the territory of Iraq, unless in return for services requested and received.

Article 17

Licenses or Permits

1. Valid driver’s licenses issued by United States authorities to members of the United

States Forces and of the civilian component, and to United States contractor employees,

shall be deemed acceptable to Iraqi authorities. Such license holders shall not be subject

to a test or fee for operating the vehicles, vessels, and aircraft belonging to the United

States Forces in Iraq.

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2. Valid driver’s licenses issued by United States authorities to members of the United

States Forces and of the civilian component, and to United States contractor employees,

to operate personal cars within the territory of Iraq shall be deemed acceptable to Iraqi

authorities. License holders shall not be subject to a test or fee.

3. All professional licenses issued by United States authorities to members of the United

States Forces and of the civilian component, and to United States contractor employees

shall be deemed valid by Iraqi authorities, provided such licenses are related to the

services they provide within the framework of performing their official duties for or

contracts in support of the United States Forces, members of the civilian component,

United States contractors, and United States contractor employees, according to terms

agreed upon by the Parties.

Article 18

Official and Military Vehicles

1. Official vehicles shall display official Iraqi license plates to be agreed upon between

the Parties. Iraqi authorities shall, at the request of the authorities of the United States

Forces, issue registration plates for official vehicles of the United States Forces without

fees, according to procedures used for the Iraqi Armed Forces. The authorities of the

United States Forces shall pay to Iraqi authorities the cost of such plates.

2. Valid registration and licenses issued by United States authorities for official vehicles

of the United States Forces shall be deemed acceptable by Iraqi authorities.

3. Military vehicles exclusively used by the United States Forces will be exempted from

the requirements of registration and licenses, and they shall be clearly marked with

numbers on such vehicles.

Article 19

Support Activities Services

1. The United States Forces, or others acting on behalf of the United States Forces, may

assume the duties of establishing and administering activities and entities inside agreed

facilities and areas, through which they can provide services for members of the United

States Forces, the civilian component, United States contractors, and United States

contractor employees. These entities and activities include military post offices; financial

services; shops selling food items, medicine, and other commodities and services; and

various areas to provide entertainment and telecommunications services, including radio

broadcasts. The establishment of such services does not require permits.

2. Broadcasting, media, and entertainment services that reach beyond the scope of the

agreed facilities and areas shall be subject to Iraqi laws.

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3. Access to the Support Activities Services shall be limited to members of the United

States Forces and of the civilian component, United States contractors, United States

contractor employees, and other persons and entities that are agreed upon. The

authorities of the United States Forces shall take appropriate actions to prevent misuse of

the services provided by the mentioned activities, and prevent the sale or resale of

aforementioned goods and services to persons not authorized access to these entities or to

benefit from their services. The United States Forces will determine broadcasting and

television programs to authorized recipients.

4. The service support entities and activities referred to in this Article shall be granted

the same financial and customs exemptions granted to the United States Forces, including

exemptions guaranteed in Articles 15 and 16 of this Agreement. These entities and

activities that offer services shall be operated and managed in accordance with United

States regulations; these entities and activities shall not be obligated to collect nor pay

taxes or other fees related to the activities in connection with their operations.

5. The mail sent through the military post service shall be certified by United States

Forces authorities and shall be exempt from inspection, search, and seizure by Iraqi

authorities, except for non-official mail that may be subject to electronic observation.

Questions arising in the course of implementation of this paragraph shall be addressed by

the concerned Joint Sub-Committee and resolved by mutual agreement. The concerned

Joint Sub-Committee shall periodically inspect the mechanisms by which the United

States Forces authorities certify military mail.

Article 20

Currency and foreign exchange

1. The United States Forces shall have the right to use any amount of cash in United

States currency or financial instruments with a designated value in United States currency

exclusively for the purposes of this Agreement. Use of Iraqi currency and special banks

by the United States Forces shall be in accordance with Iraqi laws.

2. The United States Forces may not export Iraqi currency from Iraq, and shall take

measures to ensure that members of the United States Forces, of the civilian component,

and United States contractors and United States contractor employees do not export Iraqi

currency from Iraq.

Article 21

Claims

1. With the exception of claims arising from contracts, each Party shall waive the right to

claim compensation against the other Party for any damage, loss, or destruction of

property, or compensation for injuries or deaths that could happen to members of the

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force or civilian component of either Party arising out of the performance of their official

duties in Iraq.

2. United States Forces authorities shall pay just and reasonable compensation in

settlement of meritorious third party claims arising out of acts, omissions, or negligence

of members of the United States Forces and of the civilian component done in the

performance of their official duties and incident to the non-combat activities of the

United States Forces. United States Forces authorities may also settle meritorious claims

not arising from the performance of official duties. All claims in this paragraph shall be

settled expeditiously in accordance with the laws and regulations of the United States. In

settling claims, United States Forces authorities shall take into account any report of

investigation or opinion regarding liability or amount of damages issued by Iraqi

authorities.

3. Upon the request of either Party, the Parties shall consult immediately through the

Joint Committee or, if necessary, the Joint Ministerial Committee, where issues referred

to in paragraphs 1 and 2 above require review.

Article 22

Detention

1. No detention or arrest may be carried out by the United States Forces (except with

respect to detention or arrest of members of the United States Forces and of the civilian

component) except through an Iraqi decision issued in accordance with Iraqi law and

pursuant to Article 4.

2. In the event the United States Forces detain or arrest persons as authorized by this

Agreement or Iraqi law, such persons must be handed over to competent Iraqi authorities

within 24 hours from the time of their detention or arrest.

3. The Iraqi authorities may request assistance from the United States Forces in detaining

or arresting wanted individuals.

4. Upon entry into force of this Agreement, the United States Forces shall provide to the

Government of Iraq available information on all detainees who are being held by them.

Competent Iraqi authorities shall issue arrest warrants for persons who are wanted by

them. The United States Forces shall act in full and effective coordination with the

Government of Iraq to turn over custody of such wanted detainees to Iraqi authorities

pursuant to a valid Iraqi arrest warrant and shall release all the remaining detainees in a

safe and orderly manner, unless otherwise requested by the Government of Iraq and in

accordance with Article 4 of this Agreement.

5. The United States Forces may not search houses or other real estate properties except

by order of an Iraqi judicial warrant and in full coordination with the Government of Iraq,

except in the case of actual combat operations conducted pursuant to Article 4.

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Article 23

Implementation

Implementation of this Agreement and the settlement of disputes arising from the

interpretation and application thereof shall be vested in the following bodies:

1. A Joint Ministerial Committee shall be established with participation at the Ministerial

level determined by both Parties. The Joint Ministerial Committee shall deal with issues

that are fundamental to the interpretation and implementation of this Agreement.

2. The Joint Ministerial Committee shall establish a JMOCC consisting of

representatives from both Parties. The JMOCC shall be co-chaired by representatives of

each Party.

3. The Joint Ministerial Committee shall also establish a Joint Committee consisting of

representatives to be determined by both Parties. The Joint Committee shall be cochaired

by representatives of each Party, and shall deal with all issues related to this

Agreement outside the exclusive competence of the JMOCC.

4. In accordance with paragraph 3 of this Article, the Joint Committee shall establish

Joint Sub-Committees in different areas to consider the issues arising under this

Agreement according to their competencies.

Article 24

Withdrawal of the United States Forces from Iraq

Recognizing the performance and increasing capacity of the Iraqi Security Forces, the

assumption of full security responsibility by those Forces, and based upon the strong

relationship between the Parties, an agreement on the following has been reached:

1. All the United States Forces shall withdraw from all Iraqi territory no later than

December 31, 2011.

2. All United States combat forces shall withdraw from Iraqi cities, villages, and

localities no later than the time at which Iraqi Security Forces assume full responsibility

for security in an Iraqi province, provided that such withdrawal is completed no later than

June 30, 2009.

3. United States combat forces withdrawn pursuant to paragraph 2 above shall be

stationed in the agreed facilities and areas outside cities, villages, and localities to be

designated by the JMOCC before the date established in paragraph 2 above.

| 16

4. The United States recognizes the sovereign right of the Government of Iraq to request

the departure of the United States Forces from Iraq at any time. The Government of Iraq

recognizes the sovereign right of the United States to withdraw the United States Forces

from Iraq at any time.

5. The Parties agree to establish mechanisms and arrangements to reduce the number of

the United States Forces during the periods of time that have been determined, and they

shall agree on the locations where the United States Forces will be present.

Article 25

Measures to Terminate the Application of Chapter VII to Iraq

Acknowledging the right of the Government of Iraq not to request renewal of the Chapter

VII authorization for and mandate of the multinational forces contained in United Nations

Security Council Resolution 1790 (2007) that ends on December 31, 2008;

Taking note of the letters to the UN Security Council from the Prime Minister of Iraq and

the Secretary of State of the United States dated December 7 and December 10, 2007,

respectively, which are annexed to Resolution 1790;

Taking note of section 3 of the Declaration of Principles for a Long-Term Relationship of

Cooperation and Friendship, signed by the President of the United States and the Prime

Minister of Iraq on November 26, 2007, which memorialized Iraq’s call for extension of

the above-mentioned mandate for a final period, to end not later than December 31, 2008:

Recognizing also the dramatic and positive developments in Iraq, and noting that the

situation in Iraq is fundamentally different than that which existed when the UN Security

Council adopted Resolution 661 in 1990, and in particular that the threat to international

peace and security posed by the Government of Iraq no longer exists, the Parties affirm in

this regard that with the termination on December 31, 2008 of the Chapter VII mandate

and authorization for the multinational force contained in Resolution 1790, Iraq should

return to the legal and international standing that it enjoyed prior to the adoption of UN

Security Council Resolution 661 (1990), and that the United States shall use its best

efforts to help Iraq take the steps necessary to achieve this by December 31, 2008.

Article 26

Iraqi Assets

1. To enable Iraq to continue to develop its national economy through the rehabilitation

of its economic infrastructure, as well as providing necessary essential services to the

Iraqi people, and to continue to safeguard Iraq’s revenues from oil and gas and other Iraqi

resources and its financial and economic assets located abroad, including the

Development Fund for Iraq, the United States shall ensure maximum efforts to:

| 17

a. Support Iraq to obtain forgiveness of international debt resulting from the policies of

the former regime.

b. Support Iraq to achieve a comprehensive and final resolution of outstanding reparation

claims inherited from the previous regime, including compensation requirements imposed

by the UN Security Council on Iraq.

2. Recognizing and understanding Iraq’s concern with claims based on actions

perpetrated by the former regime, the President of the United States has exercised his

authority to protect from United States judicial process the Development Fund for Iraq

and certain other property in which Iraq has an interest. The United States shall remain

fully and actively engaged with the Government of Iraq with respect to continuation of

such protections and with respect to such claims.

3. Consistent with a letter from the President of the United States to be sent to the Prime

Minister of Iraq, the United States remains committed to assist Iraq in connection with its

request that the UN Security Council extend the protections and other arrangements

established in Resolution 1483 (2003) and Resolution 1546 (2003) for petroleum,

petroleum products, and natural gas originating in Iraq, proceeds and obligations from

sale thereof, and the Development Fund for Iraq.

Article 27

Deterrence of Security Threats

In order to strengthen security and stability in Iraq and to contribute to the maintenance

of international peace and stability, the Parties shall work actively to strengthen the

political and military capabilities of the Republic of Iraq to deter threats against its

sovereignty, political independence, territorial integrity, and its constitutional federal

democratic system. To that end, the Parties agree as follows:

In the event of any external or internal threat or aggression against Iraq that would violate

its sovereignty, political independence, or territorial integrity, waters, airspace, its

democratic system or its elected institutions, and upon request by the Government of

Iraq, the Parties shall immediately initiate strategic deliberations and, as may be mutually

agreed, the United States shall take appropriate measures, including diplomatic,

economic, or military measures, or any other measure, to deter such a threat.

The Parties agree to continue close cooperation in strengthening and maintaining military

and security institutions and democratic political institutions in Iraq, including, as may be

mutually agreed, cooperation in training, equipping, and arming the Iraqi Security Forces,

in order to combat domestic and international terrorism and outlaw groups, upon request

by the Government of Iraq.

Iraqi land, sea, and air shall not be used as a launching or transit point for attacks against

other countries.

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Article 28

The Green Zone

Upon entry into force of this Agreement the Government of Iraq shall have full

responsibility for the Green Zone. The Government of Iraq may request from the United

States Forces limited and temporary support for the Iraqi authorities in the mission of

security for the Green Zone. Upon such request, relevant Iraqi authorities shall work

jointly with the United States Forces authorities on security for the Green Zone during the

period determined by the Government of Iraq.

Article 29

Implementing Mechanisms

Whenever the need arises, the Parties shall establish appropriate mechanisms for

implementation of Articles of this Agreement, including those that do not contain specific

implementation mechanisms.

Article 30

The Period for which the Agreement is Effective

1. This Agreement shall be effective for a period of three years, unless terminated sooner

by either Party pursuant to paragraph 3 of this Article.

2. This Agreement shall be amended only with the official agreement of the Parties in

writing and in accordance with the constitutional procedures in effect in both countries.

3. This Agreement shall terminate one year after a Party provides written notification to

the other Party to that effect.

4. This Agreement shall enter into force on January 1, 2009, following an exchange of

diplomatic notes confirming that the actions by the Parties necessary to bring the

Agreement into force in accordance with each Party’s respective constitutional

procedures have been completed.

Signed in duplicate in Baghdad on this 17th day of November, 2008, in the English and

Arabic languages, each text being equally authentic.

FOR THE UNITED FOR THE

STATES OF AMERICA: REPUBLIC OF IRAQ:

Anbar Rising - Part 1and 2

Hey Mr. President: DO NOT ATTACK IRAN

He just got his first star. Good for U.S.

The brains behind the military recovery of the Iraq initiatave

Obama has a plan

Donlald Rumsfield in a Sealed Room

The Atlantic Monthly has an interesting re visitation of the tenure of Donald Rumsfield. You can check it out here

This is the end

My only friend the end

The shift toward a smarter less kinetic army

When I saw this documentary I was just out of high school. At the time of the invasion I have a vivid memory of the World History teacher at Central High school who told the class at the time of the horrors of the American Invasion of Panama in 1989.

Why Al Quaeda may face its strategic defeat in Iraq

This should not be seen in any way as an endorsement of the policies of George W. Bush. He totally sucks as president.

Marine's Ambush

What could happen to US troops in Iraq if we attack Iran with air power and missiles

Bill Lind's Nightmare Scenario

via Small Wars Council by Granite_State on 3/25/08

Quote:

---

The purpose of this column is not to warn of an imminent assault on Iran, though personally I think it is coming, and soon. Rather, it is to warn of a possible consequence of such an attack. Let me state it here, again, as plainly as I can: an American attack on Iran could cost us the whole army we now have in Iraq.
....
Here’s roughly how it might play out. In response to American air and missile strikes on military targets inside Iran, Iran moves to cut the supply lines coming up from the south through the Persian Gulf (can anyone in the Pentagon guess why it’s called that?) and Kuwait on which most U.S. Army units in Iraq depend (the Marines get most of their stuff through Jordan). It does so by hitting shipping in the Gulf, mining key choke points, and destroying the port facilities we depend on, mostly through sabotage. It also hits oil production and export facilities in the Gulf region, as a decoy: we focus most of our response on protecting the oil, not guarding our army’s supply lines.

Simultaneously, Iran activates the Shiite militias to cut the roads that lead from Kuwait to Baghdad. Both the Mahdi Army and the Badr Brigades — the latter now supposedly our allies — enter the war against us with their full strength. Ayatollah Sistani, an Iranian, calls on all Iraqi Shiites to fight the Americans wherever they find them. Instead of fighting the 20% of Iraqis population that is Sunni, we find ourselves battling the 60% that is Shiite. Worse, the Shiites logistics lie directly across those logistics lines coming up from Kuwait.

U.S. Army forces in Iraq begin to run out of supplies, especially POL [petroleum, oil, and lubricants], of which they consume a vast amount. Once they are largely immobilized by lack of fuel, and the region gets some bad weather that keeps our aircraft grounded or at least blind, Iran sends two to four regular army armor and mech divisions across the border. Their objective is to pocket American forces in and around Baghdad.

The U.S. military in Iraq is all spread out in penny packets fighting insurgents. We have no field army there anymore. We cannot reconcentrate because we’re out of gas and Shiite guerrillas control the roads. What units don’t get overrun by Iranian armor or Shiite militia end up in the Baghdad Kessel. General Petraeus calls President Bush and repeats the famous words of Marshal MacMahon at Sedan: “Nous sorrune dans une pot de chambre, and nous y serron emerdee.” Bush thinks he’s overheard Petraeus ordering dinner — as, for Bush, he has.

U.S. Marines in Iraq, who are mostly in Anbar province, are the only force we have left. Their lines of supply and retreat through Jordan are intact. The local Sunnis want to join them in fighting the hated Persians. What do they do at that point? Good question.
....
As I have warned before, every American ground unit in Iraq needs its own plan to get itself out of the country using only its own resources and whatever it can scrounge locally. Retreat to the north, through Kurdistan into Turkey, will be the only alternative open to most U.S. Army units, other than ending up in an Iranian POW camp.

Even if the probability of the above scenario is low, we still need to take it with the utmost seriousness because the consequences would be so vast. If the United States lost the army it has in Iraq, we would never recover from the defeat. It would be another Adrianople, another Manzikert, another Rocroi. Given the many other ways we now resemble Imperial Spain, the last analogy may be the most telling.

US &Iraqi SOF in Sadr city...very intense

This guy is from Basra.

This is how the British worked in Iraq