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COALITION PROVISIONAL AUTHORITY ORDER NUMBER 17

STATUS OF THE COALITION, FOREIGN LIAISON MISSIONS, THEIR

PERSONNEL AND CONTRACTORS

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 Resolution 1483 (2003),

Recalling that under international law occupying powers, including their forces, personnel,

property and equipment, funds and assets, are not subject to the laws or jurisdiction of the

occupied territory,

Conscious that states are contributing personnel, equipment and other resources to the

Coalition in order to contribute to the security and stability that will enable the relief,

recovery and development of Iraq,

Noting that states are sending Foreign Liaison Mission Personnel to Iraq,

Conscious of the need to establish and confinn the status of such Coalition and Foreign

Liaison Mission Personnel in respect of the CPA and the local courts,

I hereby promulgate the following:

Section 1

Definitions

1) "Coalition Personnel" means all non-Iraqi military and civilian personnel assigned to or

under the command of the Commander, Coalition Forces, or all forces employed by a

Coalition State including attached civilians, as well as all non-Iraqi military and civilian

personnel assigned to, or under the direction or control of the Administrator of the CPA.

2) "Foreign Liaison Mission Personnel" means those individuals who have been issued

Foreign Liaison Mission personnel identification cards by the Iraqi Ministry of Foreign

Affairs under the supervision of the CPA.

3) "Legal Process" means any arrest, detention or legal proceedings in the Iraqi courts or

other Iraqi bodies, whether criminal, civil, administrative or other in nature.

4) "Parent State" means the state providing Coalition Personnel as part of the Coalition in

Iraq or the state providing Foreign Liaison Mission Personnel.

5) "Coalition contractors" means non-Iraqi business entities or individuals not normally

resident in Iraq supplying goods and/or services to or on behalf of the Coalition Forces

or the CP A under contractual arrangements.

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6) "Coalition sub-contractors" means non-Iraqi business entities or individuals not normally

resident in Iraq supplying goods and/or services to or on behalf of Coalition contractors

and in respect of Coalition or CP A activities under contractual arrangements

Section 2

Coalition and Foreign Liaison Mission Personnel

) CPA, Coalition Forces and Foreign Liaison Mission, their property, funds and assets of

shall be immune from Iraqi Legal Process.

2) All Coalition personnel and Foreign Liaison Mission personnel shall respect the Iraqi

laws applicable to those Coalition personnel and Foreign Liaison Mission personnel in

the territory of Iraq and the Regulations, Orders, Memoranda and Public Notices issued

by the Administrator of the CPA.

3) Foreign Liaison Mission personnel shall be immune from Legal Process.

4) All Coalition personnel shall be subject to the exclusive jurisdiction of their Parent States

and, they shall be immune from local criminal, civil, and administrative jurisdiction and

from any form of arrest or detention other than by persons acting on behalf of their

Parent States, except that nothing in this provision shall prevent Coalition Forces

personnel from preventing acts of serious misconduct by Coalition personnel, or

otherwise temporarily detaining Coalition personnel who pose a risk of injury to

themselves or others, pending expeditious turnover to the appropriate authorities of the

Parent State. In all such circumstances the national contingent commander of the

detained person shall be notified immediately.

5) In respect of those Coalition personnel who commit an act or acts in Iraq for which there

are no criminal sanctions in the Parent State, the CPA may request from the Parent State

waiver of jurisdiction to try such act or acts under Iraqi law. In such cases, no Legal

Process shall be commenced without the written permission of the Administrator of the

CPA.

Section 3

Contractors

I) Coalition contractors and their sub-contractors as well as their employees not normally

resident in Iraq, shall not be subject to Iraqi laws or regulations in matters relating to the

terms and conditions of their contracts in relation to the Coalition Forces or the CPA.

Coalition contractors and sub-contractors other than contractors and sub-contractors

normally resident in Iraq shall not be subject to Iraqi laws or regulations with respect to

licensing and registration of employees, businesses and corporations in relation to such

contracts.

2) Coalition contractors and their sub-contractors as well as their employees not normally

resident in Iraq, shall be immune from Iraqi Legal Process with respect to acts performed

by them within their official activities pursuanto the terms and conditions of a contract

between a contractor and Coalition Forces or the CPA and any sub-contracthereto.

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3) In respect of acts or omissions of Coalition contractors and sub-contractors as well as

their employees not normally resident in Iraq, which are not performed by them in the

course of their official activities pursuanto the terms and conditions of a contract

between them and the Coalition or the CPA, no Iraqi or CPA Legal Process shall be

commenced without the written permission of the Administrator of the CPA.

Section 4

Duration of Immunity From Legal Process

The immunity from Legal Process provided by the present Order to Coalition personnel

and Foreign Liaison Mission personnel as well as Coalition contractors, sub-contractors

and their employees not normally resident in Iraq operates only in respect to acts or

omissions by them during the period of authority of the CPA.

Section 5

Waiver of Legal Immunity and Jurisdiction

1) The immunity from Legal Process of Coalition personnel, Foreign Liaison Mission

personnel, Coalition contractors and their sub-contractors as well as their employees not

normally resident in Iraq is not for the benefit of the individuals concerned and may be

waived by the Parent State.

2) Requests to waive jurisdiction over Coalition personnel or Foreign Liaison Mission

personnel shall be referred to the respective Parent State.

3) Requests to waive the immunities with respecto Coalition contractors and subcontractors and their employees not normally resident in Iraq as set forth in Section 3 of

this Order shall be referred to the respective Parent State with which the contractor has

contracted.

Section 6

Claims

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 Coalition

personnel or any persons employed by them, whether normally resident in Iraq or not

and that do not arise in connection with military combat operations, shall be submitted

and dealt with by the Parent State whose Coalition personnel, property, activities or other

assets are alleged to have caused the claimed damage, in a manner consistent with the

national laws of the Parent State.

1)

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2) Third party claims for property loss or damage and for personal injury, illness or death or

in respect of any other matter arising from or attributed to Foreign Liaison Mission

personnel shall be submitted and dealt with by the Parent State whose Foreign Liaison

Mission personnel, property, activities or other assets are alleged to have caused the

claimed damage, in a manner consistent with the national laws of the Parent State.

Section 7

Entry Into Force

This Order shall enter into force on the date of signature.

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