TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13-1218

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ECONOMIC AND TECHNICAL COOPERATION

Agreement Between the

UNITED STATES OF AMERICA

and IRAQ

Signed at Amman July 11, 2005
 NOTE BY THE DEPARTMENT OF STATE

 Pursuant to Public Law 89—497, approved July 8, 1966

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued

under the authority of the Secretary of State shall be competent

evidence . . . of the treaties, international agreements other than

treaties, and proclamations by the President of such treaties and

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime

jurisdiction, and in all the tribunals and public offices of the

United States, and of the several States, without any further proof

or authentication thereof.”
 IRAQ

 Economic and Technical Cooperation

 Agreement signed at Amman

 July 11, 2005;

 Entered into force December 18, 2013.

 

The Government of the Republic of Iraq will undertake the following

responsibilities:

1. Making the full contribution permitted by its personnel, resources,

facilities and general economic conditions in furtherance of the purposes for

which assistance is furnished under this Agreement;

2. Taking appropriate steps to ensure the effective use of such assistance;

3. Cooperating with the Government of the United States to assure that

procurement will be at reasonable prices and on reasonable terms;

4. Issuing expeditiously any import licenses required for goods, supplies,

materials, equipment, or property imported in connection with this

Agreement, and assist, where appropriate, in expediting their movement

through port and transportation facilities and their clearance through

customs;

5. Issuing expeditiously any other documentation necessary to facilitate the

implementation of programs, projects or activities funded under any

assistance being provided in connection with this Agreement including, but

not limited to, individual visas, work permits and the registration of nongovernmental organizations; as well as facilitating customs clearance for

household effects (including vehicles) for any individual employees funded

by assistance being provided pursuant to this Agreement, and their families;

6. Taking all necessary steps to assure that the rights., privileges, immunities

and status granted under this Agreement are communicated to, and honored

by, all appropriate officials at all levels of government;

7. Permitting, without restriction, continuous observation and review by the

United States' representatives of programs and operations covered by this

Agreement and records pertaining thereto, including the right during the

period of any programs and transactions and for three years thereafter to:

(a) examine property procured through financing by the Government

of the United States for purposes of this Agreement; and

(b) inspect and audit any records and accounts with respect to funds

provided, and to any properties or contract services procured

through financing by the Government of the United States for

purposes of this Agreement.

ARTICLE 4

THE SPECIAL MISSION

1. The Government of the Republic of Iraq shall receive a special mission

("Special Mission") of the Government of the United States. This Special

Mission will implement and discharge the responsibilities of the United

States Government under this Agreement.
2. The Special Mission will enjoy the same privileges and immunities as are

extended to the premises and property of the diplomatic mission of the

United States including, but not limited to, inviolability of premises,

property, and archives and the privilege of free communication.

3. Recognizing that the purpose of the Special Mission is to promote the

development of Iraq and the well being of the Iraqi people, the Government

of the Republic of Iraq will provide, through mutually agreed upon

arrangements, security sufficient to ensure that the premises of the Special

Mission remain secure and inviolable. The Government of the United States

may also provide adequate security for the Special Mission.

ARTICLE 5

PRIVILEGES AND IMMUNITIES

1. The Government of the United States and the Government of the

Republic of Iraq agree that United States Government officials and

employees (and their family members forming part of their household) who

are present in Iraq to perform work in connection with this Agreement shall

enjoy the privileges and immunities equivalent to those accorded to U.S.

Embassy personnel of comparable rank under the Vienna Convention on

Diplomatic Relations of 1961.

2. The privileges and immunities provided under paragraph 1 are not

applicable to citizens or permanent residents of Iraq.

3. The Government of the United States will endeavor to ensure that United

States Government officers and employees exhibit the highest respect for the

laws of Iraq.

ARTICLE 6

EXEMPTIONS

In order to assure the maximum benefits to the people of Iraq from the

assistance to be furnished hereunder, whether initiated before or after the

effective date of this Agreement, the Government of the Republic of Iraq

agrees that:

1. Any goods, supplies, materials, equipment, property, services or funds

introduced into, acquired in, used or disposed of in, or exported from Iraq by

the Government of the United States, or by any person or entity (including

but not limited to contractors and grantees) as part of, or in conjunction with,

the assistance provided hereunder, are exempt from all taxes, including

value-added taxes or other similar charges on ownership or use of property

and any other taxes, investment or deposit requirements, and currency

controls in Iraq. The import, export, purchase, use or disposition of any such

goods, supplies, materials, equipment, property, services or funds in

connection with such assistance are exempt from any tariffs, customs duties,

import and export taxes, taxes on acquisition, rental or disposition of real of

personal property, value-added taxes and other taxes or similar charges in

Iraq. No tax (whether in the nature of an income, profits, business, rent,

value-added, sales or other tax, duty, or fees of whatever nature, except fees
for specific services rendered) shall be imposed by the Government of the

Republic of Iraq in connection with work performed under this Agreement

upon any person or entity (including, but not limited to contractor and

grantees) financed by the Government of the United States under the

assistance furnished hereunder.

2. In addition to personnel covered by Art. 5(1) above, all other personnel

(and family members forming part of their households), except citizens and

permanent residents of Iraq, who the Government of the United States, or

any agency thereof, employs (whether by direct hire, contract or other

arrangement) or finances (whether by contract, grant or otherwise with any

person or entity) and who are present in Iraq to perform work in connection

with this Agreement are exempt from:

(a) income and social security taxes levied under the laws of Iraq with

respect to income derived from assistance programs;

(b) taxes on residential leases and on the acquisition, ownership, use,

or disposition of personal movable property (including vehicles)

and services or funds intended for their own use; provided,

however, that this exemption shall only apply to sales of personal

movable property to persons with duty free privileges; and

(c) customs, import and export duties, and value-added taxes on all

personal goods, effects (including vehicles), equipment, supplies,

services or funds imported into Iraq for their own use, and from all

other taxes, duties, and fees of whatever nature, except fees for

specific services rendered.

3. Any taxes, including value added taxes, or customs duties, referred to

above that may be imposed by the Government of the Republic of Iraq, at

any level, shall be fully reimbursed to the Government of the United States

or its agents.

4. Locally established independent contractors (including landlords and

service providers) and citizens and permanent residents of Iraq (including

household servants) shall not be entitled to any of the privileges and

immunities (including tax exemptions) described in this Article 6 or

otherwise in this Agreement.

ARTICLE 7

INFORMATION AND PUBLICITY

1. The Government of the Republic of Iraq will provide the Government of

the United States with full and complete information concerning programs

and operations hereunder and other relevant information which the

Government of the United States may need to determine the nature and

scope of operations and to evaluate the effectiveness of the assistance

furnished or contemplated.

2. The Government of the Republic of Iraq will give to the people of Iraq

full publicity concerning assistance programs and operations hereunder.
ARTICLE 8

FUNDS

1. Funds introduced into Iraq for purposes of furnishing assistance

hereunder shall be convertible into the currency of Iraq at the highest rate of

exchange not unlawful for any purpose at the time of conversion.

2. Both Parties will establish a procedure whereby funds allocated to or

derived from any assistance hereunder shall not be subject to any form of

legal process, including but not limited to, attachment or seizure by any

person or juridical entity, when the Government of the Republic of Iraq is

advised by the Government of the United States that such legal process

would interfere with the attainment of the objectives of assistance hereunder.

ARTICLE 9

THE SPECIAL ACCOUNT

1. In any case where assistance is furnished to the Government of the

Republic of Iraq by the Government of the United States on a grant basis

under agreements which will result in the receipt of local currency proceeds

from the the use of United States assistance funds or goods or services

financed therewith, the Government of the Republic of Iraq (except as may

otherwise be mutually agreed upon by the Parties):

(a) will establish in its own name a segregated, interest-bearing bank

account(s) ("Special Account") in Iraq; and

(b) will deposit promptly in such Special Account(s) the amount of local

currency equivalent to such proceeds.

2. Such local currency proceeds will be utilized, in accordance with the

terms of separate agreements, for mutually agreed-upon economic assistance

purposes and costs of the Special Mission of the Government of the United

States.

3. Any unencumbered balances of such local currency which remain in the

Special Account(s) upon termination of assistance hereunder to the

Government of the Republic of Iraq shall be disbursed for such purposes as

may be agreed upon by the Parties.

ARTICLE 10

REVIEW, SUSPENSION AND TERMINATION

1. The Parties agree to consult promptly at the prior written request of either

Party to discuss any matter concerning the interpretation or implementation

of this Agreement.

2. All or any part of any assistance provided hereunder may be terminated

or suspended by either of the Parties, upon written notice to the other Party.

Termination of such assistance under this paragraph may include the

termination of deliveries of any commodities hereunder not yet delivered;
provided, however, that termination or suspension of such assistance

hereunder shall not affect irrevocable commitments to third parties.

3. This Agreement may be terminated 120 days after the receipt by either

Party of a written termination notice from the other Party. Notwithstanding

such termination, the provisions hereof shall remain in full force and effect

with respect to assistance provided before the termination.

ARTICLE 11

ENTRY INTO FORCE

This Agreement shall enter into force upon an exchange of diplomatic notes

confirming that all necessary domestic legal requirements for entry into

force of the Agreement have been fulfilled by each Party. Upon entry into

force, the Agreement shall remain in force until terminated by either Party in

accordance with Article 10, paragraph 3.

IN WITNESS WHEREOF, the duly authorized representatives have signed

this Agreement at Amman in duplicate, on this 11th day of July, 2005 in

English and Arabic and each text shall be regarded as equally authentic.

FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT

UNITED STATES OF AMERICA OF THE REPUBLIC OF IRAQ