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Coalition Provisional Authority

This page contains a summary of orders and regulations issued by the Coalition Provisional Authority, the US temporary government of Iraq. Some orders of minor importance have been omitted; official versions of these documents, and others, can be found here.This page replaces CASI's earlier chronological list of CPA orders and regulations.

Preliminary notes | Common Phrases | Security | Trade | Government Finance |De-baathification | Government Administration | Principal Bodies| Legal Reform | Further Resources |

Preliminary notes

Dates. The dating of CPA orders is highly inconsistent and often inaccurate. The date listed on the CPA website appears to be when the order is placed online. In addition orders are dated when they are signed, and the footer of the document may contain another date. It is rare for tehse dates to match. A few orders specify the date on which they come into effect. However, Paul Bremer mistakenly dated order 50 '1/11/2003' rather than '1/11/2004'. Regulation 1, establishing the CPA, is dated 16 May 2003, although it refers to UN Security Council resolution 1483, which was not passed until 22 May.

Language. CPA orders are released first in English and then in Arabic translation. The Arabic translation may be released some time after the English version (153 days later, in the case of Orders 3, 4 and 5). Amnesty International has raised concerns about this: "Evidence from members of the legal profession indicate that they were not aware of legal changes introduced through the CPA in a timely way. This was the case also with the establishment of significant institutions, for example the Central Criminal Court".

The drafting process. Theoretically, the division of control between the CPA and the Governing Council is vague. Regulation 6 requires that "the Governing Council and the CPA shall consult and coordinate all matters involving the temporary governance of Iraq". A few orders (for example Order 50) are the result of proposals made by the Governing Council. In at least one case (the contentious Governing Council resolution 137, which would have imposed as Islamic code of civil law) Paul Bremer has proved unwilling to approve a Governing Council resolution. In practise it appears that most orders are drafted by the CPA or by the United States government. Input may be invited from UN bodies such as OIOS and OLA, although time constraints hinder effective contributions from the UN.

The CPA and international law. It is frequently commented that the CPA is obliged under international law to avoid unnecessary changes to the legal structure of Iraq. This requirement is emphasised by the UN in Security Council Resolution 1483 (paragraph 5 "Calls upon all concerned to comply fully with their obligations under international law including in particular the Geneva Conventions of 1949 and the Hague Regulations of 1907"). However, it should also be noted that the CPA has a moral and legal responsibility to promote the welfare of Iraqis. Paragraph 4 of UN Security Council Resolution 1483

Calls upon the Authority, consistent with the Charter of the United Nations and other relevant international law, to promote the welfare of the Iraqi people through the effective administration of the territory, including in particular working towards the restoration of conditions of security and stability and the creation of conditions in which the Iraqi people can freely determine their own political future;

The CPA appears to have breached international law in several ways. The fourth Geneva Convention (article 65) requires that "The penal provisions enacted by the Occupying Power shall not come into force before they have been published and brought to the knowledge of the inhabitants in their own language. The effect of these penal provisions shall not be retroactive." Both of these requirements have been broken by the CPA: most orders enter into force on the date of signature, before an Arabic version is available, and some (for example order 50) are retroactive.

Some Common Phrases

"This order shall enter into force on the date of signature". Since Arabic versions of CPA orders are sometimes not released until well after the signature of the English version, this breaches the fourth Geneva Convention (article 65), which requires that "The penal provisions enacted by the Occupying Power shall not come into force before they have been published and brought to the knowledge of the inhabitants in their own language. The effect of these penal provisions shall not be retroactive." Amnesty International criticizes this process.
"The principal body of the Iraqi interim administration". This description of the powers of the Governing Council is contained in Security Council Resolution 1511 and CPA Regulation 6, among other places. While it does underline that the GC has some power, it does not, as it may appear to, give it control of Iraq. Resolution 1483 does not see power being immediately handed over, but "Affirms that the administration of Iraq will be progressively undertaken by the evolving structures of the Iraqi interim administration"[para 5]. Resolutions passed by the Governing Council currently have no real legal force until they are agreed by the CPA Administrator.
"Pursuant to my authority as Administrator of the Coalition Provisional Authority (CPA), and under the laws and usages of war, and consistent with relevant U.N. Security Council resolutions, including Resolutions 1483 (2003) and 1511 (2003)" Variations on this formula form the first paragraph of most CPA orders. It refers to a large body of international law, particularly the 1907 Hague Regulations and the 1949 Geneva Conventions. Relevant sections of Security Council resolutions include, in 1483:

  • "recognizing the specific authorities, responsibilities, and obligations under applicable international law of these states [USA and UK] as occupying powers under unified command (the “Authority”)," [1483, preambular paragraph 14]
  • "Calls upon the Authority, consistent with the Charter of the United
    Nations and other relevant international law, to promote the welfare of the Iraqi
    people through the effective administration of the territory, including in particular
    working towards the restoration of conditions of security and stability and the
    creation of conditions in which the Iraqi people can freely determine their own
    political future;    " [1483, para 4]
  • "Calls upon all concerned to comply fully with their obligations under
    international law including in particular the Geneva Conventions of 1949 and the
    Hague Regulations of 1907;    " [1483, para 5]
  • "Supports the formation, by the people of Iraq with the help of the Authority and working with the Special Representative, of an Iraqi interim administration as a transitional administration run by Iraqis, until an internationally recognized, representative government is established by the people of Iraq and assumes the responsibilities of the Authority;" 1483, [para 9]
  • "Notes further that the funds in the Development Fund for Iraq shall be disbursed at the direction of the Authority, in consultation with the Iraqi interim administration, for the purposes set out in paragraph 14 below;" [1483, para 13]
  • "...encourages the United Kingdom of Great Britain and
    Northern Ireland and the United States of America to inform the Council at regular
    intervals of their efforts under this resolution;    " [1483, para 24]
  • "Welcomes the establishment of the broadly representative Governing
    Council of Iraq on 13 July 2003, as an important step towards the formation by the
    people of Iraq of an internationally recognized, representative government that will
    exercise the sovereignty of Iraq;    " [1500, para 1]
  • "Underscoring that the sovereignty of Iraq resides in the State of Iraq,
    reaffirming the right of the Iraqi people freely to determine their own
    political future and control their own natural resources, reiterating its
    resolve that the day when Iraqis govern themselves must come quickly, and
    recognizing the importance of international support, particularly that of
    countries in the region, Iraq's neighbours, and regional organizations, in
    taking forward this process expeditiously,    " [1511, preambular para 2]
  • "Welcoming the decision of the Governing Council of Iraq to form a
    preparatory constitutional committee to prepare for a constitutional
    conference that will draft a constitution to embody the aspirations of the
    Iraqi people, and urging it to complete this process quickly,    " [1511, preambular para 4]
  • "Reaffirms the sovereignty and territorial integrity of Iraq, and underscores, in that context, the temporary nature of the exercise by the Coalition Provisional Authority (Authority) of the specific responsibilities, authorities, and obligations under applicable international law recognized and set forth in resolution 1483 (2003) which will cease when an internationally recognized representative government established by the people of Iraq is sworn in and assumes the responsibilities of the Authority, inter alia through steps envisaged in paragraphs 4 through 7 and 10 below:" [1511, para 1]
  • Welcomes the positive response of the international community... to the establishment of the broadly representative Governing Council as all important step towards an internationally recognized, representative government;" [1511, para 2]
  • "Supports the Governing Council's efforts to mobilize the people of Iraq, including by the appointment of a cabinet of ministers and a preparatory constitutional committee to lead a process in which the Iraqi people will progressively take control of their own affairs;" [1511, para 3]
  • "Determines that the Governing Council and its ministers are the principal bodies of the Iraqi interim administration, which, without prejudice to its further evolution, embodies the sovereignty of the State of Iraq during the transitional period until an internationally recognized, representative government is established and assumes the responsibilities of the Authority;" [1511, para 4]
  • "Affirms that the administration of Iraq will be progressively undertaken by the evolving structures of the Iraqi interim administration;" [1511, para 5]
  • "Calls upon the Authority, in this context, to return governing responsibilities and authorities to the people of Iraq as soon as practicable and requests the Authority, in cooperation as appropriate with the Governing Council and the Secretary-General, to report to the Council on the progress being made;" [1511, para 6]

 

Security

Trade

  • Removal of water transportation monopoly (Order 51, 21 January 2004)
  • New Iraqi Dinar (14 October 2003)
    • regulates introduction of new Dinar
  • Bank Law (Order 40, 24 September 2003)
    • The bulk of the order, a detailed set of banking regulations, is set out in Annex A
  • Foreign investment (Order 39, 21 September 2003)
    • allows foreign investors great scope for investment in Iraq
    • restrictions are imposed on foreign investment in the oil and financial sectors, and on foreign ownership of real estate
  • Trade Bank of Iraq (Order 20, 17 July 2003)
    • Establishes a bank, underwritten by and distributing profits to the Development Fund for Iraq, to facilitate import and export of goods and services
    • See also this CPA press release
  • Trade liberalization policy (Order 12, 8 June 2003)
    • Suspends customs duties on almost all goods. The exceptions are:
      • Export of some foods and animals, of many basic materials (wood, water pipes, etc) is prohibited
      • Import of weapons is prohibited. Ministry of Trade may levy some import duties
  • Licening telecommunications services and equipment (Order 11, 9 June 2003)

Government Finance

  • Reconstruction Levy (Order 38, 21 September 2003)
    • 5% import tariff will be imposed from 2004-2006, with proceeds going to reconstruction and assistance to Iraq
    • exemptions for humanitarian goods (books, medicine, food, clothing, etc) and for the CPA, coalition forces, foreign governments and NGOs
  • Tax Strategy for 2003 (Order 37, 21 September 2003)
    • Most taxes (including income tax and property rent tax) are suspended from April-December 2003, with the exceptions of:
      • hotel and restaurant tax
      • property transfer tax
      • car sale fee
      • petrol excise duties
    • Coalition forces, the CPA, international organisations and governments are exempt from taxation
    • Future tax rates will not exceed 15%
  • Measures to insure the independence of the Central Bank of Iraq (Order 18, 7 July 2003)
    • Authorises the Central Bank of Iraq to lend to government ministries, and to set monetary policy without the approval of the Ministry of Finance

De-Baathification and seizure of Baath assets

  • Establishment of an Iraqi Special Tribunal (Order 48, 10 Dec 2003) Devolves to the Governing Council authority to "establish an Iraqi Special Tribunal to try Iraqi nationals or residents of Iraq accused of genocide, crimes against humanity, war crimes or violations of certain Iraqi laws". In the event of any dispute between the CPA and the Governing Council or Tribunal, the decision of the CPA shall prevail. Although dated December 10, 2003, this order was only promulgated (via the CPA website) on January 10, 2004 Note that Appendix A, which contains details of the tribunal, is not yet publicly available.
  • Establishment of the Iraqi De-Baathification Council (Order 5, 25 May 2003)
    • Establishes council to locate Baath party property and personnel, and collate reports of criminal activity by Baath members
    • Council to be composed of Iraqi citizens, appointed and subject to dismissal by the head of the CPA
    • forbids discrimination by race, sex, religion, etc.
  • Management of Property & Assets of the Baath Party (Order 4, 25 May 2003)
    • Elaborates on Order 2 by requiring all persons to provide on request information about government and Baath party assets
    • All use of seized assets by the CPA will be subject to external audit
    • Appeal tribunal will deal with claims of unjust seizures
  • Dissolution of Entities (Order 2, 23 May 2003)
    • Dissolves major government and Baath party institutions, and gives the CPA control over their assets
    • Dismisses government and military employees
    • Media coverage here (Guardian)
    • Order 34 (21 September 2003) reinstates the Board of Supreme Audit, dissolved under Order 2
  • De-Baathification of Iraqi Society (Order 1, 16 May 2003)
    • removes "senior party members" (those of the highest three ranks, and also senior managers determined by interview to be Ba'athists) from current positions and bans them from public sector employment
    • bans images of Saddam Hussein from public places
    • Offers rewards for the information leading to the capture of senior Baath party officials
    • Implementation is governed by Memorandum 1 (3 June 2003)

Government administration

  • Ministry of Displacement and Migration (Order 50, 11 Jan 2004) Establishes the Ministry of Displacement and Migration (MODM), and transfers responsibility for Palestinian refugees to it from the Ministry of Labor and Social Affairs. This ratifies Governing Council Resolution Number 30. Although Bremer mistakenly dates the order '1/11/03', the correct date is almost certainly 11 Jan 2004
  • Reform of Salaries and Employment (Order 30, 9 September 2003)
  • Renaming of Government Ministries
    • Order 44 (26 November 2003) creates the Ministry of the Environment
    • Order 33 (9 September 2003) renames the Ministry of Public Works as the Ministry of Municipalities and Public Works
    • Order 24 (1 September 2003) replaces the Ministry of Atomic Energy with a new Ministry of Science and Technology
  • Management of detention and prison facilities (Order 10, 8 June 2003)
    • Transfers responsibility for prisons to Ministry of Justice (from Ministry of Labour and Social Affairs and Minisry of Interior)
    • Implementation is governed by Memorandum 2 (8 June 2003)
  • Management and Use of Iraqi Public Property (Order 9, 8 June 2003)
    • Establishes procedures for letting and government use of public property
  • Eviction of persons illegally occupying Public Buildings (Order 6, 8 June 2003)

Regulations governing principal bodies

Legal Reform

  • Public Defender Fees (Order 53, 16 January 2004)
  • Pensions for Judges (Order 52, 14 January 2004)
  • Notification of Criminal Offences (Order 41, 24 September 2003)
    • Confirms and extends the provisions of paragraph 219 of the 1969 Penal Code, which makes it an offence not to inform the authorities of offences against the security of the state. The order:
      • confirms the applicability of the law to knowledge of attacks on public property or oil pipelines
      • Penalties for failing to inform the CPA of offences will be extended to allow for deportation of foreigners, and fines of up to $5 million for foreigners
    • Confirms applicability of several other paragraphs of the 1969 Penal Code, dealing with armed forces, attacks on public property, and conspiracies aimed at attacks on the government. In many cases, these offences are punishable by life inprisonment.
    • Note that under Order 7, the written permission of the CPA administrator is needed to bring charges under these laws, and the death penalty is suspended.
  • Re-establishment of the Council of Judges (Order 35, 18 September 2003)
    • The Council of Judges will nominate promote and transfer judges, investigate allegations of judicial misconduct, and provide independent oversight of justice below the Supreme Court level
  • Legal Department of the Ministry of Justice (Order 32, 9 September 2003)
    • Responsibility for international litigation on behalf of Government of Iraq is transferred to the Ministry of Justice (from the Office of the Council of Ministers). Personnel, authorities and responsibilities remain unchanged.
  • Freedom of Assembly (Order 19, 9 July 2003)
    • Prohibits public protests:
      • Without the CPA being given 24 hours notice
      • Within 500 metres of a CPA or Coalition Force facility
      • Held by the same groups or individuals more than once in a day
      • Lasting more than four hours
    • CPA may limit numbers allowed in demonstrations on roads
    • Removes limits on freedom of assembly contained in 1969 Penal Code
    • CPA explanatory note may be found here
  • Status of the coalition, foreign liaison missions, their personnel and contractors (Order 17, 28 June 2003)
    • Gives legal immunity to coalition forces, CPA officials, foreign CPA contractors, and foreign liaison mission personnel. Crimes committed by them will be tried by their parent states, although the CPA may request a trial under Iraqi law.
  • Temporary control of Iraqi borders, ports and airports (Order 16, 27 June 2003)
    • Clarifies validity of passports
    • Prevents senior Baath officials, and those suspected of terrorism, WMD research or criminal offernces from leaving Iraq
    • Sets criteria for granting and revoking entry permits, and for searching and seizing property at borders
    • Order is dated 26 June in the footer, 28 June in the note on the first page, and 27 June in Paul Bremer's signature.
  • Establishment of the judicial review committee (Order 15, 23 June 2003)
    • Establishes committee to remove and appoint judges and prosecutors, and to invesigate their suitability to hold office.
    • Committee will consist of 3 Iraqi and 3 foreign lawyers, appointed by the Administrator of the CPA, each serving for 3 months.
  • Prohibited media activity (Order 14, 10 June 2003)
    • prohibits broadcasts which:
      • incite violence or civil disorder
      • advocate alterations to Iraq's borders by violent means
      • claim to represent the Ba'ath Party, or advocate its return to power
    • Allows the CPA to conduct unannounced investigations of media organisations, and to confiscate their property and close their premises without compensation
  • The Central Criminal Court of Iraq (Order 13, 18 June 2003)
  • Traveling Abroad for Academic Purposes (Order 8, 7 June 2003)
    • rescinds all restrictions on foreign travel for students and academics
  • Penal Code (Order 7, 10 June 2003)
    • Establishes 1969 penal code (3rd edition, with alterations) as basis for law in Iraq. The text of the code is available in English and Arabic.
    • Abolishes torture and capital punishment
    • Details of implementation are contained in Memorandum 3 (8 June 2003)
    • An internal memo (word), written by the CPA senior advisor to the Ministry of Justice on 26 June 2003, contains guidelines to the interpretation of the legal system for judicial officials. The appendices are in separate files: 1 3 4 5 6.

Further Resources

page last updated: 18 February 2004

 

    
               
   
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