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.

Orders, Regulations and Memoranda

Regulations

• Regulation 6: Governing Council of Iraq (13 July 2003)
• Recognizes the Governing Council "as the principal body of the Iraqi interim administration, pending the establishment of an internationally recognized, representative government of the people of Iraq, consistent with Resolution 1483".
• Regulation 5: Council for International Coordination (18 June 2003)
• Regulation 4: Property Reconciliation Fund (25 June 2003)
• Regulation 3: Program Review Board (15 June 2003)
  • Implementation is governed by CPA Memorandum 4 (1 September 2003)
  • Commentary from Iraq Revenue Watch (11 June 2003)
• Regulation 2: The Development Fund for Iraq (15 June 2003)
  • draft version, dated June 10th.
  • Commentary from Iraq Revenue Watch (10 June 2003)
• Regulation 1: The Coalition Provisional Authority (16 May 2003?)
  • CPA will act as the temporary government of Iraq
  • Existing laws will continue to operate until superceded by CPA orders (though note that Order 7 made the 1969 penal code the basis of criminal law
  • Gives the CPA Administrator sole power to issue regulations and orders
  • Note that there is some confusion about the date of this regulation. Although dated 16 May, it refers to UN Security Council resolution 1483, which was not passed until 22 May

Draft Regulations

• International Advisory and Monitoring Board (Draft dated 11 June 2003)
• We believe that the proposals contained in this draft regulation are currently under discussion within the CPA. The regulation concers the establishment of an International Advisory and Monitoring Board, as required in paragraph 12 of UN Security Council Resolution 1483
• Iraq Revenue Watch has a brief commentary and another copy of the draft (same text, but more legible)

Orders

• 39: Foreign investment
  • 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
• 38: Reconstruction Levy (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
• 37: Tax Strategy for 2003 (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%
• 35: Re-establishment of the Council of Judges (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
• 33: Ministry of Municipalities and Public Works (9 September 2003)
  • Renames Ministry of Public Works as Ministry of Municipalities and Public Works
• 32: Legal Department of the Ministry of Justice (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.
• 30: Reform of Salaries and Employment (9 September 2003)
• 28: Establishment of the Iraqi Civil Defense Corps (9 September 2003)
• 27: Establishment of the Facilities Protection Service (7 September 2003)
• 26: Creaion of Department of Border Enforcement (1 September 2003)
• 24: Establishment of the Ministry of Science and Technology (1 September 2003)
  • Dissolves Ministry of Atomic Energy; establishes Ministry of Science and Technology
• 23: Creation of a New Code of Military Discipline for the New Iraqi Army (23 August 2003)
• Annex A (7 September 2003)
• Annex A (23 August 2003)
• 22: Creation of a New Iraqi Army (7 August 2003)
• 21: Interim Exercise of Baghdad Mayoral Authority (5 August 2003)
  • Powers of Mayor of Baghdad will be exercised by three Deputy Mayors. The agreement of 2 Deputy Mayors is needed for any decision.
• 20: Trade Bank of Iraq (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
• 19: Freedom of Assembly (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
• 18: Measures to insure the independence of the Central Bank of Iraq (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
• 17: Status of the coalition, foreign liaison missions, their personnel and contractors (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.
• 16: Temporary control of Iraqi borders, ports and airports (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.
• 15: Establishment of the judicial review committee (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.
• 14: Prohibited media activity (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
• 13: The Central Criminal Court of Iraq (18 June 2003)
• 12: Trade liberalization policy (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
• 11: Licening telecommunications services and equipment (9 June 2003)
  • Establishes CPA licensing of commercial radio and telecommunications. Non-commercial broadcasts are exempt.
• 10: Management of detention and prison facilities (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)
• 9: Management and Use of Iraqi Public Property (8 June 2003)
  • Establishes procedures for letting and government use of public property
• 8: Traveling Abroad for Academic Purposes (7 June 2003)
  • rescinds all restrictions on foreign travel for students and academics
• 7: Penal Code (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.
• 6: Eviction of persons illegally occupying Public Buildings
• 5: Establishment of the Iraqi De-Baathification Council (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.
• 4: Management of Property & Assets of the Baath Party (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
• 3: Weapons Control (23 May 2003)
  • Bans possession of heavy weapons, and possession of small arms except at home or in a place of work
  • Exceptions granted for Coalition personnel and for Iraqi police and soldiers
  • Establishes weapons collection programme
  • CPA Memorandum 5 (1 September 2003) governs aspects of implementation
• 2: Dissolution of Entities (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
• 1: De-Baathification of Iraqi Society (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)

Further Resources

• The CPA's own website
• The US Library of Congress is building a collection of official documents on military law, including an archive of papers from the occupation of Germany, 1945-8.
• Iraq Revenue Watch provides commentary on some of the financial orders
• The Center for Law and Military Operations' database of military law documents
• The Council on Foreign Relations has a page entitled Iraq: Postwar Government
• Recent news reports can be located via the 'latest news' page, or by searching the CASI discussion list

page last updated: 21 September 2003

Questions or comments? Submit a query, or email us on info@casi.org.uk