COALITION PROVISIONAL AUTHORITY MEMORANDUM NUMBER 1

IMPLEMENTATION OF DE-BAATHIFICATION ORDER NO.1

(CP A/ORD/16 May 2003/01)

Pursuant to my authority as Administrator of the Coalition Provisional Authority (CPA),

relevant U.N. Security Council resolutions, including Resolution 1483 (2003), and the

laws and usages of war,

Recognizing that the Iraqi people have suffered large scale human rights abuses and

depravations over many years at the hands of the Baath Party,

Noting the grave concern of Iraqi society regarding the threat posed by the continuation

of Baath Party networks and personnel in the administration of Iraq, and the intimidation

of the people of Iraq by Baath Party officials,

Implementing CPA Order No. 1, De-Baathification of Iraqi Society (CPA/ORD/16 May

2003/01), and CPA Order No.5, Establishment of the Iraqi De-Baathification Council

(CP A/ORD/25 May 2003/05),

I hereby promulgate the following:

Section 1

Objective

1) This Memorandum prescribes a two-staged process for carrying out the debaathification of Iraqi society. To expedite the identification of Ba ' ath Party

members at the outset of the CPA's restoration of Iraq, the Commander of

Coalition Forces, through Accreditation Review Committees (ARCs), will initially

perform the investigative function, relying upon military investigative resources

with training and experience in performing analogous fact-finding duties.

2) Later, as higher levels of the former Iraqi government undergo a reliable and

rigorous de-ba'athification process and the Iraqi De-Ba'athification Council

demonstrates sufficient capability, the Administrator will task the IDC to assume

increasing and ultimately full responsibility for the process, subject to the

authority, direction and control of the Administrator. The ARCs shall remain in

operation until the people of Iraq adopt a representative form of self-government.

CP A/MEM/3 June 2003/01
Section 2

Interim Process for Identifying Ba'ath Party Members

1) The Commander of Coalition Forces shall provide military investigative resources

sufficient to receive and compile information concerning possible Ba' ath Party

affiliations of employees at all ministries. These resources may be augmented or

replaced by U.S. civilian investigators as necessary, and should include

professional Iraqis whenever possible.

2) These investigators will:

a) Conduct Investigations. Investigators will be posted to the ministries to

receive and compile information concerning the possible Ba' ath Party

affiliations of their employees. These investigators will draw from available

and relevant information, such as:

i. Interviews with the individual (conducted by the investigators using the

standardized form already developed);

ii. Public records and announcements documenting the ascension or

promotion of party members;

iii. Judgments of CPA senior ministry advisors;

iv. Testimony of Iraqis who have worked with the person in question;

v. Findings of the Iraqi De-ba' athification Council described below (passed to

the investigators through the Administrator);

vi. Assessments of leading Iraqi political figures; and

vii. Government records revealing bonuses or other privileges associated with

being a party member.

b) Make Determinations of Ba 'ath Party Membership. The investigator will

make a factual finding about the person's affiliation with the Ba'ath Party. The

investigator will advise the employee that he or she has the right to appeal this

factual finding (whether he or she was a Ba'ath Party member). Based upon

the investigator's finding, the Senior Ministry Advisor will take action in

accordance with the criteria for removal set forth in CPA Order No.1

(CPA/ORD/16 May 2003/01), unless an exception is granted.

c) Prepare the Case for Exceptions Where Appropriate. When the ministry team

requests an exception for an individual, the investigator will determine whether

the person in question is eligible. The investigator will subsequently prepare

the case for an exception.

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Section 3

Phased Process for Identifying Ba 'ath Party Members

1) As the Administrator determines that the responsibility for identifying Ba' ath

Party members effectively can be transferred to Iraqi citizens, the Administrator

shall direct the Iraqi De-ba' athification Council to assume an increasingly

significant role in carrying out the de-ba' athification process.

2) Initially, the Council will advise the Coalition on de-ba'athification policies and

procedures (including the appropriateness of granting exceptions to CPA Order

No.1 (CPA/ORD/16 May 2003/01)) and meaningfully involve the Iraqis in the

de-ba' athification effort.

3) The Council will provide information to the investigators (through the

Administrator) and nominate Iraqi legal professionals to participate in the ARCs

described in Section 4 herein, and in the investigatory process. When appropriate,

it is anticipated that the Council will assume the investigative responsibility

entirely.

Section 4

Accreditation Review Committee

1) The Commander of Coalition Forces is authorized to establish and administer one

or more ARCs. These bodies will be comprised of one military and two civilian

members (one of whom will be an Iraqi). The ARCs shall remain in operation

until the people of Iraq adopt a representative form ofself-govemment. The ARCs

will:

a) Hear Appeals afFact. The ARCs will hear the appeals of Iraqis who

believe they were wrongly found to be ba' athists. These appeals will be

conducted in a manner that comports as nearly as practicable to tribunals

convened by Coalition Forces under Article 5 of the 1949 Geneva

Convention.

b) Grant or Deny Requests for Exception. The ARC will review applications

for exceptions prepared by th<? investigators, and grant or deny them. All

ARC decisions will be immediately reported to the Administrator, who

retains the authority to overturn any decision to grant or deny an exception.

The ARC will take into account all available and relevant information,

including whether the individual:

Is willing to denounce the Ba' ath Party and his past association

with it;

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ii. Was a senior Ba'ath Party member or simply a 'full' party

member;

iii. Has exceptional educational qualifications;

iv. Left the Ba'ath Party before April 16, 2003;

v. Continues to command the support of his colleagues and respect of

their subordinates;

vi. Is judged to be indispensable to achieving important Coalition

interests, at least in the immediate term;

vii. Can demonstrate that he joined the party to hold his job or support

his family.

c) The infomlation listed above in Section 4.1 (b) shall be considered in

deciding whether to grant an exception, but shall not in itself ensure that an

exception will be granted.

Section 5

Entry into Force

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

11 (/Iv ~ ,{ ioJ

L. Paul Bremer, Administrator

Coalition Provisional Authority

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