# Order 17: Status of the CPA, MNFI, Certain Missions and Personnel in Iraq

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COALITION PROVISIONAL AUTHORITY ORDER NUMBER 17 (REVISED)
STATUS OF THE COALITION PROVISIONAL AUTHORITY, MNF - IRAQ,
CERTAIN MISSIONS AND PERSONNEL IN IRAQ
Pursuant to my authority as head 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), 1511 (2003) and 1546 (2004),
Noting the adoption of a process and a timetable for the drafting of an Iraqi constitution
by elected representatives of the Iraqi people in the Law of Administration for the State
of Iraq for the Transitional Period (TAL) on March 8, 2004,
Conscious that states are contributing personnel, equipment and other resources, both
directly and by contract, to the Multinational Force (MNF) and to the reconstruction
effort in order to contribute to the security and stability that will enable the relief,
recovery and development of Iraq, as well as the completion of the political process set
out in the TAL,
Noting that many Foreign Liaison Missions have been established in Iraq that after June
30, 2004 will become Diplomatic and Consular Missions, as defined in the Vienna
Conventions on Diplomatic and Consular Relations of 1961 and 1963,
Recalling that there are fundamental arrangements that have customarily been adopted to
govern the deployment of Multinational Forces in host nations,
Conscious of the need to clarify the status of the CPA, the MNF, Foreign Liaison,
Diplomatic and Consular Missions and their Personnel, certain International Consultants,
and certain contractors in respect of the Government and the local courts,
Recognizing the need to provide for the circumstances that will pertain following June 30,
2004, and noting the consultations with the incoming Iraqi Interim Government in this
regard and on this order,
I hereby promulgate the following:
Section 1
Definitions
1) “Multinational Force” (MNF) means the force authorized under U.N. Security
Council Resolutions 1511 and 1546, and any subsequent relevant U.N. Security
Council resolutions.
2)
“MNF Personnel” means all non-Iraqi military and civilian personnel (a) assigned to
or under the command of the Force Commander or MNF contingent commanders, (b)
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� subject to other command authority to aid, protect, complement or sustain the Force
Commander, or (c) employed by a Sending State in support of or accompanying the
MNF.
3) “Force Commander” means the Commander appointed to exercise unified command
of the MNF, or his or her designee.
4) “CPA Personnel” means all non-Iraqi civilian and military personnel assigned to, or
under the direction or control of, the Administrator of the CPA.
5) “Sending State” means a State providing personnel, International Consultants,
services, equipment, provisions, supplies, material, other goods or construction work
to: (a) the CPA, (b) the MNF, (c) international humanitarian or reconstruction efforts,
(d) Diplomatic or Consular Missions, or (e) until July 1, 2004, Foreign Liaison
Missions.
6)
“Foreign Liaison Missions” means representative missions operated by States until
July 1, 2004.
7)
“Foreign Liaison Mission Personnel” means those individuals who are authorized by
the Iraqi Ministry of Foreign Affairs to carry Foreign Liaison Mission personnel
identification cards until July 1, 2004.
8) “Diplomatic and Consular Missions” means those missions belonging to States with
diplomatic or consular relations with Iraq that are in operation on or after June 30,
2004.
9) “Premises of the Missions” means all premises, including the buildings or parts of
buildings and the land ancillary thereto, irrespective of ownership, used for the
purposes of Diplomatic and Consular Missions, including residences of the heads of
missions on or after June 30, 2004.
10) “Iraqi legal process” means any arrest, detention or legal proceedings in Iraqi courts
or other Iraqi bodies, whether criminal, civil, or administrative.
11) “Contractors” means non-Iraqi legal entities or individuals not normally resident in
Iraq, including their non-Iraqi employees and Subcontractors not normally resident in
Iraq, supplying goods or services in Iraq under a Contract.
12) “Contract” means:
a) a contract or grant agreement with the CPA or any successor agreement thereto, or
a contract or grant agreement with a Sending State, to supply goods or services in
Iraq, where that supply is:
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� i) to or on behalf of the MNF;
ii) for humanitarian aid, reconstruction or development projects approved and
organized by the CPA or a Sending State;
iii) for the construction, reconstruction or operation of Diplomatic and
Consular Missions; or
iv) until July 1, 2004, to or on behalf of Foreign Liaison Missions; or
b)
a contract for security services provided by Private Security Companies to Foreign
Liaison Missions and their Personnel, Diplomatic and Consular Missions and their
personnel, the MNF and its Personnel, International Consultants, or Contractors.
13) “Subcontractors” means non-Iraqi legal entities or individuals not normally resident
in Iraq, including their non-Iraqi employees, performing under contract with a
Contractor to supply goods or services in Iraq in furtherance of the Contractor’s
Contract.
14) “Private Security Companies” means non-Iraqi legal entities or individuals not
normally resident in Iraq, including their non-Iraqi employees and Subcontractors not
normally resident in Iraq, that provide security services to Foreign Liaison Missions
and their Personnel, Diplomatic and Consular Missions and their personnel, the MNF
and its Personnel, International Consultants and other Contractors.
15) “Vehicles” means civilian and military vehicles operated by or in support of MNF,
the CPA, Foreign Liaison Missions, International Consultants and, in the course of
their official and contractual activities, Contractors.
16) “Vessels” means civilian and military vessels operated by or in support of the MNF,
the CPA, Foreign Liaison Missions, International Consultants and, in the course of
their official and contractual activities, Contractors.
17) “Aircraft” means civilian and military aircraft operated by or in support of the MNF,
the CPA, Foreign Liaison Missions, International Consultants and, in the course of
their official and contractual activities, Contractors.
18) “The Government” means the Iraqi Interim Government from June 30, 2004, the
Iraqi Transitional Government upon its formation, and any successor government for
the duration of this Order, including instrumentalities, commissions, judicial,
investigative or administrative authorities, and regional, provincial and local bodies.
19) “International Consultants” means all non-Iraqi personnel who are not CPA
personnel and, after June 30, 2004, are not accredited to a Diplomatic or Consular
Mission, but are provided by Sending States as consultants to the Government and are
officially accepted by the Government.
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� Section 2
Iraqi Legal Process
1) Unless provided otherwise herein, the MNF, the CPA, Foreign Liaison Missions, their
Personnel, property, funds and assets, and all International Consultants shall be
immune from Iraqi legal process.
2) All MNF, CPA and Foreign Liaison Mission Personnel and International Consultants
shall respect the Iraqi laws relevant to those Personnel and Consultants in Iraq
including the Regulations, Orders, Memoranda and Public Notices issued by the
Administrator of the CPA.
3) All MNF, CPA and Foreign Liaison Mission Personnel, and International Consultants
shall be subject to the exclusive jurisdiction of their Sending States. They shall be
immune from any form of arrest or detention other than by persons acting on behalf of
their Sending States, except that nothing in this provision shall prohibit MNF
Personnel from preventing acts of serious misconduct by the above-mentioned
Personnel or Consultants, or otherwise temporarily detaining any such Personnel or
Consultants who pose a risk of injury to themselves or others, pending expeditious
turnover to the appropriate authorities of the Sending State. In all such circumstances,
the appropriate senior representative of the detained person’s Sending State in Iraq
shall be notified immediately.
4) The Sending States of MNF Personnel shall have the right to exercise within Iraq any
criminal and disciplinary jurisdiction conferred on them by the law of that Sending
State over all persons subject to the military law of that Sending State.
5) The immunities set forth in this Section for Foreign Liaison Missions, their Personnel,
property, funds and assets shall operate only with respect to acts or omissions by them
during the period of authority of the CPA ending on June 30, 2004.
Section 3
Diplomatic and Consular Missions
All Premises of Diplomatic and Consular Missions will be utilized by Diplomatic and
Consular Missions without hindrance and subject to the requirements of and receiving
the protections provided for in the Vienna Convention on Diplomatic Relations of
1961 and the Vienna Convention on Consular Relations of 1963. This Order does not
prevent the Government and any State from entering into other bilateral arrangements
for existing or new premises.
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� Section 4
Contractors
1) Sending States may contract for any services, equipment, provisions, supplies,
material, other goods, or construction work to be furnished or undertaken in Iraq
without restriction as to choice of supplier or Contractor. Such contracts may be
awarded in accordance with the Sending State’s laws and regulations.
2) Contractors shall not be subject to Iraqi laws or regulations in matters relating to the
terms and conditions of their Contracts, including licensing and registering
employees, businesses and corporations; provided, however, that Contractors shall
comply with such applicable licensing and registration laws and regulations if
engaging in business or transactions in Iraq other than Contracts. Notwithstanding
any provisions in this Order, Private Security Companies and their employees
operating in Iraq must comply with all CPA Orders, Regulations, Memoranda, and
any implementing instructions or regulations governing the existence and activities
of Private Security Companies in Iraq, including registration and licensing of
weapons and firearms.
3) Contractors shall be immune from Iraqi legal process with respect to acts performed
by them pursuant to the terms and conditions of a Contract or any sub-contract
thereto. Nothing in this provision shall prohibit MNF Personnel from preventing acts
of serious misconduct by Contractors, or otherwise temporarily detaining any
Contractors who pose a risk of injury to themselves or others, pending expeditious
turnover to the appropriate authorities of the Sending State. In all such
circumstances, the appropriate senior representative of the Contractor’s Sending
State in Iraq shall be notified.
4) Except as provided in this Order, all Contractors shall respect relevant Iraqi laws,
including the Regulations, Orders, Memoranda and Public Notices issued by the
Administrator of the CPA.
5) Certification by the Sending State that its Contractor acted pursuant to the terms and
conditions of the Contract shall, in any Iraqi legal process, be conclusive evidence of
the facts so certified.
6) With respect to a contract or grant agreement with or on behalf of the CPA and with
respect to any successor agreement or agreements thereto, the Sending State shall be
the state of nationality of the individual or entity concerned, notwithstanding Section
1(5) of this Order.
7) These provisions are without prejudice to the exercise of jurisdiction by the Sending
State and the State of nationality of a Contractor in accordance with applicable laws.
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� Section 5
Waiver of Legal Immunity and Jurisdiction
1) Immunity from Iraqi legal process of MNF, CPA and Foreign Liaison Mission
Personnel, International Consultants and Contractors is not for the benefit of the
individuals concerned and may be waived pursuant to this Section.
2) Requests to waive immunity for MNF, CPA and Foreign Liaison Mission Personnel
and International Consultants shall be referred to the respective Sending State. Such
a waiver, if granted, must be express and in writing to be effective.
3) Requests to waive immunity for Contractors shall be referred to the relevant Sending
State in relation to the act or acts for which waiver is sought. Such a waiver, if
granted, must be express and in writing to be effective.
Section 6
Communications
1) The MNF shall engage in radiocommunications in accordance with the Annex hereto
and is authorized, in coordination with the Government, to use such facilities as may
be required for the performance of its tasks. Issues with respect to communications
shall be resolved pursuant to this Order and the Annex hereto.
2) Subject to the provisions of paragraph (1) above:
a) The MNF, Diplomatic and Consular Missions and Contractors may, in
consultation with the Government, install and operate radiocommunication
stations (including terrestrial radio and television broadcasting stations and
satellite stations) to disseminate information relating to their mandates. The MNF,
Diplomatic and Consular Missions and Contractors also may install and operate
radiocommunication transmitting and receiving stations, including satellite earth
stations, and install and operate other telecommunications systems including by
laying cable and land lines, to provide communications, navigation, radio- positioning and other services useful in fulfilling their respective mandates. The
MNF, Diplomatic and Consular Missions and Contractors shall also have the right
to exchange telephone, voice, facsimile and other electronic data with relevant
global telecommunications networks. The MNF, Diplomatic and Consular
Missions and Contractors may continue to operate after June 30, 2004 existing
radiocommunication transmitting and receiving stations, including broadcasting
stations and other telecommunications systems operated by them or their
predecessors on or prior to June 30, 2004, in accordance with existing
authorizations and assignments of radio frequency spectrum. Subject to the Annex
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� hereto, the radio broadcasting stations, radio transmitting and receiving stations,
and telecommunications systems operated pursuant to this Section by the MNF,
Diplomatic and Consular Missions and Contractors shall be operated in
accordance with the International Telecommunication Union Constitution,
Convention and Radio Regulations, where applicable. The frequencies on which
any new radiocommunication transmitting and receiving stations, including
broadcasting stations, may be operated shall be decided upon in coordination with
the Government to the extent required under and in accordance with the Annex
hereto. Such use of the radio-frequency spectrum shall be free of charge for MNF
and Diplomatic and Consular Missions.
b) The MNF, Diplomatic and Consular Missions and Contractors may connect with
local telephone, facsimile and other electronic data systems. Existing connections
to such local systems (made by them or their predecessor entities) shall remain in
place following June 30, 2004. The MNF, Diplomatic and Consular Missions and
Contractors may make new connections to such local systems after consultation
and in accordance with arrangements with the Government. The use of such
existing and new systems shall be charged at the most competitive rate to the
MNF, Diplomatic and Consular Missions and Contractors.
3) The MNF may arrange through its own facilities for the processing and transport of
private mail to or from MNF Personnel. The Government shall be informed of the
nature of such arrangements and shall not interfere with or censor the mail of the
MNF, or MNF Personnel.
4) The Code of Wireless Communications, Code No. 159 of 1980, to the extent not
already superseded, is hereby repealed.
Section 7
Travel and Transport
1) All MNF, CPA and Foreign Liaison Mission Personnel, International Consultants and
Contractors, to the extent necessary to perform their Contracts, shall enjoy, together
with vehicles, vessels, aircraft and equipment, freedom of movement without delay
throughout Iraq. That freedom shall, to the extent practicable with respect to large
movements of personnel, stores, vehicles or aircraft through airports or on railways or
roads used for general traffic within Iraq, be coordinated with the Government. The
Government shall supply the MNF with, where available, maps and other information
concerning the locations of mine fields and other dangers and impediments.
2) Vehicles, vessels and aircraft shall not be subject to registration, licensing or
inspection by the Government, provided that Contractors’ vehicles, vessels and
aircraft shall carry appropriate third-party insurance.
3) All MNF, CPA and Foreign Liaison Mission Personnel, International Consultants and
Contractors, to the extent necessary to perform their Contracts, together with their
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� vehicles, vessels and aircraft, may use roads, bridges, canals and other waters, port
facilities, airfields and airspace without the payment of dues, tolls or charges,
including landing and parking fees, port, wharfage, pilotage, navigation and overflight
charges, overland transit fees, and similar charges. Exemption will not be claimed
from charges for services requested and rendered, and such charges shall be at rates
most favourable to CPA, MNF and Foreign Liaison Mission Personnel, and
International Consultants and Contractors.
4) The Force Commander shall coordinate with the appropriate institutions of the
Government regarding the rules and procedures governing Iraqi civil airspace and will
manage the air traffic system for all military and civilian air traffic. The Force
Commander will control airspace required for military operations within Iraq for the
purpose of deconflicting military and civil uses. The Force Commander shall
implement the transfer to civilian control of the airspace over Iraq to the appropriate
institutions of the Government in a manner consistent with ensuring the safe and
efficient operation of an air traffic management system, with security requirements,
and Iraqi national capability to resume control over Iraqi national airspace no later
than the MNF departure from Iraq.
Section 8
Customs and Excise
1) The MNF may establish, maintain and operate commissaries, exchanges and morale
and welfare facilities at its headquarters, camps and posts for the benefit of MNF
Personnel, and, at the discretion of the Force Commander, other non-Iraqi persons
who are the subject of this Order, but not of locally recruited personnel. Such
commissaries, exchanges and morale and welfare facilities may provide consumable
goods and other articles. The Force Commander shall take all reasonable measures to
prevent abuse of such commissaries, exchanges and morale and welfare facilities and
the sale or resale of such goods to persons other than MNF Personnel. The Force
Commander shall give consideration to requests of the Government concerning the
operation of the commissaries, exchanges and morale and welfare facilities.
2) MNF, CPA and Foreign Liaison Mission Personnel, International Consultants and
Contractors may:
a) Import, free of duty or other restrictions, and clear without inspection, license,
authorization, other restrictions, taxes, customs duties, or any other charges,
equipment, provisions, supplies, fuel, technology, and other goods and services,
including controlled substances, which are for their exclusive and official or
contractual use and for the MNF for resale in the commissaries, exchanges and
morale and welfare facilities provided for above;
b) Re-export unconsumed provisions, supplies, fuel, technology, and other goods and
equipment, including controlled substances, without inspection, license,
authorization, other restrictions, taxes, customs duties or any other charges, or
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� otherwise dispose of such items on terms and conditions to be agreed upon with
competent Government authorities.
3) An efficient procedure, including documentation, will be coordinated with the
Government to expedite importation, clearances, transfer or exportation.
4)
MNF, CPA and Foreign Liaison Mission Personnel, International Consultants and
Contractors shall be subject to the laws and regulations of Iraq governing customs and
foreign exchange with respect to personal property not required by them by reason of
their official duties and presence in Iraq. A Sending State’s certification that property
of MNF, CPA and Foreign Liaison Mission Personnel, International Consultants and
Contractors is required by them by reason of their official duties shall be conclusive
evidence of the facts so certified.
5)
Special facilities will be granted by the Government for the speedy processing of
entry and exit formalities for MNF Personnel, including the civilian component, upon
prior written notification from the Force Commander.
Section 9
Facilities for the MNF
1) The MNF may use without cost such areas for headquarters, camps or other premises
as may be necessary for the conduct of the operational and administrative activities of
the MNF. All premises currently used by the MNF shall continue to be used by it
without hindrance for the duration of this Order, unless other mutually agreed
arrangements are entered into between the MNF and the Government. While any
areas on which such headquarters, camps or other premises are located remain Iraqi
territory, they shall be inviolable and subject to the exclusive control and authority of
the MNF, including with respect to entry and exit of all personnel. The MNF shall be
guaranteed unimpeded access to such MNF premises. Where MNF Personnel are colocated
with military personnel of Iraq, permanent, direct and immediate access for
the MNF to those premises shall be guaranteed.
2) The MNF may use water, electricity and other public utilities and facilities free of
charge, or, where this is not practicable, at the most favorable rate, and in the case of
interruption or threatened interruption of service, the MNF shall have, as far as
possible, the same priority as essential government services. Where such utilities or
facilities are not provided free of charge, payment shall be made by the MNF on terms
and conditions to be agreed with the competent Government authority. The MNF
shall be responsible for the maintenance and upkeep of facilities so provided.
3) The MNF may generate, within its premises, electricity for its use and may transmit
and distribute such electricity.
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� 4) There shall be an area within central Baghdad that shall be designated as the
“International Zone.” The International Zone shall have the boundaries that the MNF
has established for this purpose. The MNF shall retain control of the perimeter of the
International Zone and all rights of entry and exit, and all matters of security within
the International Zone shall be subject to the control of the MNF. The activities and
assignment of Iraqi security personnel within the International Zone shall be as
mutually agreed upon between the MNF and the Government. Iraqi citizens living
within the International Zone will remain subject to Iraqi law. Services, utilities and
maintenance not otherwise performed or undertaken by the MNF within the
International Zone shall be provided to the MNF by the Government free of charge or
at the most favorable rate as agreed between the Force Commander and the
Government.
Section 10
Taxation, Provisions, Supplies, Services and Sanitary Arrangements
1) The MNF, Sending States and Contractors shall be exempt from general sales taxes,
Value Added Tax (VAT), and any similar taxes in respect of all local purchases for
official use or for the performance of Contracts in Iraq. With respect to equipment,
provisions, supplies, fuel, materials and other goods and services obtained locally by
the MNF, Sending States or Contractors for the official and exclusive use of the MNF
or Sending States or for the performance of Contracts in Iraq, appropriate
administrative arrangements shall be made for the remission or return of any excise or
tax paid as part of the price. In making purchases on the local market, the MNF,
Sending States and Contractors shall, on the basis of observations made and
information provided by the Government in that respect, avoid any adverse effect on
the local economy.
2) Contractors shall be accorded exemption from taxes in Iraq on earnings from
Contracts, including corporate, income, social security and other similar taxes arising
directly from the performance of Contracts. MNF Personnel, CPA Personnel, Foreign
Liaison Mission Personnel and International Consultants shall be accorded exemption
from taxes in Iraq on earnings received by them in their capacity as such Personnel
and Consultants.
3) The MNF and the Government shall cooperate with respect to sanitary services and
shall extend to each other the fullest cooperation in matters concerning health,
particularly with respect to the control of communicable diseases, consistent with
relevant international law.
Section 11
Recruitment of Local Personnel
The MNF, Sending States and Contractors may recruit, hire and employ locally such
personnel as they require. The terms and conditions of recruitment, hiring and
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� employment by the MNF, Sending States and Contractors shall be determined by
respectively the MNF, Sending States and the terms of the Contractor’s Contract.
Section 12
Currency
The MNF shall be permitted to purchase from the Government in mutually acceptable
currency, local currency required for the use of the MNF, including to pay MNF
Personnel, at the rate of exchange most favorable to the MNF.
Section 13
Entry, Residence and Departure
1) MNF, CPA and Foreign Liaison Mission Personnel, and International Consultants
shall have the right to enter into, remain in, and depart from Iraq.
2) The speedy entry into and departure from Iraq of MNF, CPA and Foreign Liaison
Mission Personnel, Contractors and International Consultants shall be facilitated to the
maximum extent practicable. For that purpose, MNF, CPA and Foreign Liaison
Mission Personnel, and International Consultants shall be exempt from passport and
visa regulations and immigration inspection and restrictions as well as payment of any
fees or charges on entering into or departing from Iraq. They shall also be
exempt from any regulations governing the residence of aliens in Iraq, including
registration, but shall not be considered as acquiring any right to permanent residence
or domicile in Iraq.
3) For the purpose of such entry or departure, MNF Personnel shall only be required to
have: (a) an individual or collective movement order issued by or under the
authority of the Force Commander or any appropriate authority of a Sending State
providing personnel to the MNF; and (b) a national passport or personal identity
card issued by the appropriate authorities of a Sending State providing personnel to the
MNF.
4) For the proper performance of Contracts, Contractors shall be provided with
facilities concerning their entry into and departure from Iraq as well as their
repatriation in time of crisis. For this purpose, there shall promptly be issued to
Contractors, free of charge and without any restrictions, all necessary visas, licenses
or permits.
Section 14
Uniforms and Arms
While performing official duties, MNF Military Personnel shall wear the national
military uniform of their respective Sending States unless otherwise authorized by
the Force Commander for operational reasons. The wearing of civilian dress by MNF
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� Military Personnel may be authorized by the Force Commander at other times.
MNF Personnel and Private Security Companies may possess and carry arms while
on official duty in accordance with their orders or under the terms and conditions of
their Contracts. As authorized by the ambassador or the chargé d’affaires of a Sending
State, Diplomatic and Consular personnel may possess and carry arms while on official
duty.
Section 15
Identification
Upon request by the Government, a Sending State shall confirm that an individual falls
into one of the categories covered by this Order.
Section 16
Permits and licenses
1) A permit or license issued by the MNF, the CPA, Foreign Liaison Missions or
Sending States for the operation by their Personnel, including non-Iraqi locally
recruited personnel, of any vehicles and for the practice of any profession or
occupation in connection with their functions, shall be accepted as valid, without tax
or fee, provided that no permit to drive a vehicle shall be issued to any person who is
not already in possession of an appropriate and valid license issued by the appropriate
authorities of the Sending State.
2) Licenses and certificates already issued by appropriate authorities in other States in
respect of aircraft and vessels, including those operated by Contractors exclusively by
or for the MNF, the CPA and Foreign Liaison, Diplomatic and Consular Missions
shall be accepted as valid.
Section 17
Deceased members
The Force Commander and Sending States may take charge of and transfer out of
Iraq or otherwise dispose of the remains of any MNF, CPA and Foreign Liaison
Mission Personnel, International Consultants and Contractors who die in Iraq, as well
as their personal property located within Iraq.
Section 18
Claims
Except where immunity has been waived in accordance with Section 5 of this Order,
third-party claims including those for property loss or damage and for personal injury,
illness or death or in respect of any other matter arising from or attributed to acts or
omissions of CPA, MNF and Foreign Liaison Mission Personnel, International
Consultants, and Contractors or any persons employed by them for activities relating
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� ANNEX
ARRANGEMENTS CONCERNING
USE OF THE RADIO FREQUENCY SPECTRUM
ARTICLE I: GENERAL PRINCIPLES
1) The Government, including the Iraqi Communications and Media Commission and
any successor or other entity with authority relating to radio frequency spectrum in
Iraq (collectively referred to as the “Commission”), shall render all decisions
planning, managing, allocating and assigning radio frequency spectrum in a manner
that recognizes and safeguards the radio frequency spectrum needs of the MNF.
2) Consistent with Sections 5(2)(i) and 5(2)(m) of CPA Order No. 65, the Government,
through the Commission, will coordinate with the Force Commander regarding any
pending or proposed action or regulatory decision that may affect MNF’s use of radio
frequency spectrum, in order to ensure that no such actions or decisions will interfere
with military requirements necessary in the interest of the national security of Iraq.
3) Nothing contained in this Annex shall be interpreted to abridge or deny the ability of
the MNF to utilize existing and future frequency assignments to operate
communications, navigation and other military facilities and networks required to
facilitate internal operations and to safeguard the security and reconstruction of Iraq.
ARTICLE II: TABLE OF ALLOCATIONS
1) The initial Table of Allocations, which designates bands as Civil, Military or Shared,
is attached hereto as Appendix 1. Neither the Government nor the Force Commander
may change the Table of Allocations except in accordance with the provisions set
forth in this Annex.
2) No changes to the Table of Allocations that reallocate, reassign or otherwise affect the
bands designated as Military, the MNF’s use thereof, or the MNF’s use of frequencies
assigned to it in the bands designated as Civil or Shared Uses shall be effective unless
agreed to by the Force Commander.
3) Subject to paragraph 2) of this Article II, the Commission may reallocate radio
frequency spectrum and/or revise the Table of Allocations in the bands designated as
Civil or Shared by providing thirty days’ prior written notice to the Force Commander
of such reallocation and/or revision.
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� ARTICLE III: ASSIGNMENT OF RADIO FREQUENCIES
1) The Commission controls the assignment of frequencies in the bands designated as
Civil or Shared Uses and serves as the approval authority for frequency assignments
in these bands, and shall render its decisions in accordance with these regulations.
Except as set forth in this Annex, no person may operate radio transmitting equipment
in the bands designated as Civil or Shared without the authorization of the
Commission.
2) The Force Commander controls assignment of frequencies in the bands designated as
Military and serves as approval authority for these bands. Decisions by the Force
Commander regarding assignments in the bands designated as Military are committed
to his complete discretion and are not subject to review by the Government. No
person may operate radio transmitting equipment in the bands designated as Military
without the authorization of the Force Commander.
3) In addition to the use of any bands designated as Military Uses that have been
authorized by the Force Commander, the Force Commander shall have the right to
retain and request frequency assignments from the Commission whenever necessary,
in the bands designated as Civil or Shared. Requests by the Force Commander for
frequency assignments in the bands designated as Civil or Shared Uses shall be
addressed and coordinated with the Commission in the following manner:
a.
Following June 30, 2004, the military and civil defense forces (including the
MNF) will retain the frequency assignments in the bands designated as Civil or
Shared that were held immediately prior to that date, including those
assignments held by the MNF, which shall retain the assignments previously
held by Coalition Forces, and may transfer those assignments to any successor
entity for the protection of Iraq’s national security.
b. The Force Commander may submit written requests to the Commission for
additional frequency assignments in the bands designated as Civil or Shared
Uses. Upon receipt of a written request for frequency assignment(s) from the
Force Commander, the Commission will render its written decision to grant or
deny such request(s) in a manner that will not interfere with military
requirements necessary in the interest of security;
c.
The Commission shall respond in writing to requests for frequency
assignments from the Force Commander within thirty days of receipt of such
requests to either grant the requested authorization or provide a written
explanation of its denial of the request;
d. If the MNF is not employing a frequency that is assigned to it in a band
designated as Civil or Shared, the Commission may request that the unused
assignment be returned for reassignment or reallocation, and such request shall
CPA/ORD/27 June 2004/17
� be honored by the Force Commander, unless the Force Commander provides a
written statement explaining that the MNF must continue to hold the
assignment because of a security interest, such as civil defense or public safety.
Such statement, if made by the Force Commander, shall be conclusive.
e.
The MNF shall be exempt from any and all requirements to pay recurring or
nonrecurring fees for use of radio frequency spectrum, or for requesting and
obtaining existing or future frequency assignments, including any
administrative, processing or other fees.
f.
Requests for frequency assignments by the Force Commander shall be
submitted to the Commission in a format agreed to between the Force
Commander and the Commission.
g. The Commission will not release any information regarding the MNF’s use of
radio frequency spectrum to any person (including other Government agencies)
without the explicit prior written consent of the Force Commander.
4) The Commission shall protect frequency assignments held by the MNF, Diplomatic
and Consular Missions and Contractors from interference.
ARTICLE IV
CHANGES TO THIS ANNEX
1)
The terms of this Annex may be changed only upon the written agreement of the
Commission and the Force Commander.
2)
The Commission and the Force Commander may agree on more detailed
procedures, in writing, to carry out the intent of this Annex.
3)
The Commission and the Force Commander may each delegate their
responsibilities under this Annex to appropriate representatives.
CPA/ORD/27 June 2004/17
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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