E. Ifthe property in question is occupied, possessed or used by the non-prevailing

party, and such party has no other property, then the non-prevailing party shall be
granted a reasonable period of time to evacuate the premises. The secretariat shall
also inform the displaced person(s) of the availability of any services for
assistance.

SECTION FOUR
General Principles

Article Eight

The IPCC shall comply with the following principles when resolving property claims.
The Governing Council shall issue more detailed provisions regarding the process in the
Guidelines and Instructions.

A.

Any properties that were confiscated or seized, or on which liens were placed
by the former government (not in the ordinary course of commercial
business), but with title remaining in the name of the original owner, shall be
returned to the original owner.

Any properties that were confiscated or seized, the titles of which were
transferred to the Government of Iraq or an instrumentality thereof, and that
were not sold to a third party, shall be returned to the original owner.

Any properties confiscated by the government that were used as mosques,
other places of worship, religious schools, charities, or were associated with
such uses, shall be returned to the appropriate waq/s (religious endowments)
connected to such uses or to the appropriate holders of title to such properties
prior to their confiscation.

After ensuring appropriate due process of law, any property the title to which
is in the name of senior members of the Iraqi Ba’ athist Government shall be
returned to the rightful owners, if it is established that such properties were
improperly acquired.

If a property was confiscated and subsequently sold to a buyer (the “First
Buyer”), and (i) title remains in the name of the First Buyer and (ii) no
improvements were made to the property, then title to the property will be
transferred back to the original owner and the First Buyer would not be
entitled to compensation from the original owner.

If the property was an unimproved property (that is, a property not built upon)
when confiscated or otherwise seized, and then subsequently sold to the First
Buyer, and the First Buyer has improved the property by building upon it,
then the original owner would be entitled to either (i) having title transferred


Article Fourteen

The Governing Council shall issue Guidelines and Instructions that will regulate the
procedures to be followed by the IPCC.

Article Fifteen

The Governing Council means the Iraqi Governing Council established on July 13, 2003.
The authority of the Governing Council for purposes of this Statute will transfer to the
Successor Government.

Article Sixteen

Transfers of real property pursuant to this statute shall not be subject to income tax, a tax
on a transfer of real property, or any other tax or stamp duty.

Article Seventeen

This Statute will become effective on January 15, 2004.


SECTION THREE
Procedures

Article Five

A.

B.

The IPCC shall prepare a specialized claim form for purposes of filing claims.

The process of adjudicating claims filed with the IPCC shall commence with the
claimant(s), or his representative filing a claim form. The Parties shall submit the
claim to the Regional Commission where the property is located.

Article Six

A.

Afier receipt of a properly completed form, the secretariat of the relevant
Regional Commission shall serve notice of the claim on interested parties, be
that a natural or juridical person, in accordance with the Guidelines and
Instructions issued by the Governing Council.

Following receipt of notice of a claim, the Regional Commission shall open a
claim file and record the claim in the intake register in the order received.

The secretariat shall verify the claim and authenticate the identity of the
parties, prior to submitting the file to the Regional Commission.

The Regional Commission is entitled to request the assistance of other
governmental and non-governmental parties for purposes of valuation of
interests and related matters.

The Regional Commission shall issue its decision with respect to the claim
and the secretariat shall be responsible for notifying the parties of the
Commission’s decision.

Article Seven

A.

An appeal of a decision of the Regional Commission must be filed with the
Appellate Division within 30 days.

Orders issued by the Regional Commission shall be final and conclusive and can
be implemented immediately, unless appealed within 30 days.

A decision of the Regional Commission will be enforceable when (i) a final
decision by the Appellate Division is rendered or (ii) the requisite period for filing
an appeal has passed.

. The final order shall be issued to all relevant parties and the appropriate Office of

Property Registration for enforcement.


to him, provided that he pays the First Buyer the value of the improvements
on the date such improvements were made or (ii) being paid appropriate
compensation for the property (as an unimproved property) on the date of the
passing of this statute.

If the property was sold to the First Buyer, who subsequently acquired an
adjoining property from the state, then title to both the original property and
the adjoining property shall be transferred to the original owner, provided that
such original owner pays the First Buyer the amount that such First Buyer
paid for the adjoining property.

If the property has a building on it and then was sold to the First Buyer, who
subsequently demolished the original building and built a new building on it,
then the original owner of the property may (i) request that title be transferred
to him, after paying for the new building (valued on the day it was built) less
the value of the old demolished building (valued on the date of the passing of
this statute), or (ii) may request that the First Buyer acquire the property,
including the demolished building, valued on the date of the passing of this
statute (less any amounts paid by the First Buyer to the Government).

If the property was subsequently sold by the First Buyer to other buyers, then
the original owner could cither (i) request that title be transferred to him or (ii)
request compensation for the value of the property valued at the date of the
passing of this statute. If the original owner chooses option (i) above, then the
final buyer would be entitled to compensation for the value of the property
valued at the date of passing of this law.

If the property was granted as a security interest for a loan to the First Buyer
and therefore had a lien on it, then title to the property would be transferred
back to the original owner free and clear of any liens and the lender would
have a claim against the First Buyer.

If the property was unimproved and a building was built on it by the First
Buyer, and a lien was placed on the property by a lender, then any amounts
due to the First Buyer by the original owner (pursuant to paragraph F above)
would be paid by the original owner to the lender to fully or partially satisfy
the loan.

If the property was confiscated and sold in a public auction and was purchased
by either the original owner or his heirs, then they will be entitled to
compensation from the state in an amount equivalent to the purchase price.

Any other relevant situation shall be addressed consistent with these
provisions.


COALITION PROVISIONAL AUTHORITY REGULATION NUMBER 8

DELEGATION OF AUTHORITY REGARDING AN
TRAQ PROPERTY CLAIMS COMMISSION

Pursuant to my authority as Administrator 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 and 1511 (2003),

Noting that large numbers of people from different ethnic and religious backgrounds in
Iraq have been uprooted and forced to move from their properties to serve political
objectives of the Ba'athist regime,

Recognizing that as a result of these Ba'athist policies, many individuals have conflicting
claims to the same real property, resulting in instability and occasional violence,

Concluding that pending the establishment of a means of finally resolving property
related claims by a future Iraqi government, certain of these claims may be amenable to
voluntary reconciliation immediately, thereby avoiding further instability and violence,

I hereby promulgate the following:

Section 1
Delegation of Authority

The Governing Council is hereby authorized to establish the Iraq Property Claims
Commission (IPCC) for the purpose of collecting and resolving real property claims
and to promulgate procedures for promptly resolving such claims in a fair and
judicious manner by promulgating a statute, the proposed provisions of which have
been discussed between the Governing Council and the CPA and are set forth in
Appendix A.

Section 2
Terms and Conditions

The authority delegated under Section 1 of this Regulation shall be subject to the
following terms and conditions:

a) The Governing Council shall ensure that all procedures established for the IPCC
are consistent with orders, regulations, and memoranda promulgated by the CPA.

b) Representatives of the CPA shall be given the opportunity to advise and assist in
the claims resolution process.

c) The CPA shall oversee the distribution of all funds for claims resolution provided
by the Development Fund for Iraq or by Coalition or other donor States.


SECTION FIVE
Other Matters

Article Nine

This statute applies to claims arising between July 17, 1968 and April 9, 2003
involving immovable property, assets affixed to immovable property, easements, or
servitudes that were: (i) confiscated or seized for reasons other than land reform; or
(ii) expropriated for reasons other than lawfully used eminent domain, or as a result
of opposition to the Ba’athist Government of Iraq, or as a result of ethnicity, religion,
sect of the owners, or for purposes of ethnic cleansing; or (iii) acquired for less than
appropriate value by the Ba’athist Government of Iraq; or (iv) property otherwise
affected.

Article Ten

A. Newly introduced inhabitants of residential property in areas that were subject to
the policy of ethnic cleansing (i) can be resettled; (ii) can receive compensation
from the state; (iii) can receive new land from the state near their residence in the
governorate from which they came; and (iv) can receive cost of moving to such
area.

B. The Ministry of Displacement and Migration shall be responsible for
administering this policy.

Article Eleven

A. Claims must be filed by December 31, 2004. Any claims filed with the IPCC
after such date will not be accepted.

B. Any claims with respect to properties within the jurisdiction of this Statute but
filed subsequently to December 31, 2004 can be referred to the Iraqi Court
system, which shall apply the principles included in this Statute. This provision is
not available to any claimant who has already filed a claim with respect to the
same property with the IPCC.

Article Twelve

Any provisions in resolutions or orders or laws contradicting this statute are hereby
suspended.

Article Thirteen

All ministers are required to implement this law.


d) In the event of a conflict between any promulgation by the Governing Council and
any promulgation of the CPA, the promulgation of the CPA shall prevail.

e) The Administrator reserves the authority to alter the Statute creating the Iraq
Property Claims Commission or any procedures developed for the IPCC, or to
otherwise intervene in the claims resolution process, if required in the interests of
justice.

Section 3
Rescission

CPA Regulation Number 4, Establishment of the Iraqi Property Reconciliation
Facility, (CPA/REG/25 June 2003/04) is hereby rescinded.

Section 4
Effective Date

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

NLA Cee. sheley

iL Uh. Bremer, Administrator
Coalition Provisional Authority



IRAQ PROPERTY CLAIMS COMMISSION

SECTION ONE
Establishment

Article One

This statute hereby establishes the Iraq Property Claims Commission (the “IPCC”),
which shall resolve real property claims in a fair and judicious manner. The IPCC shall
encourage the voluntary resolution of claims.

SECTION TWO
Organization

Article Two
The IPCC shall consist of the following structures established by the Governing Council:

1. An Appellate Division, composed of judges and established as a separate chamber
of the Iraqi Court of Cassation;

2. Regional commissions established in each governorate in Iraq. The Appellate
Division may establish more than one regional commission in a governorate.

Article Three

A. The Appellate Division of the IPCC shall be composed of five judges who have
experience in adjudicating property disputes, may be retired or serving judges, and are to
be appointed by the Council of Judges.

B. Each Regional Commission (the “Regional Commission”) shall be comprised of (i) a
judge, appointed by the Council of Judges, who shall preside, as chairman; (ii) the
Director of the Office of Property Registration in the Governorate, or a representative;
and (iii) the Director of State Property of such Governorate, or a representative. The
Regional Commission may also request the assistance of persons who are experts on the
subject of the claim.

Article Four

A. Each Regional Commission and the Appellate Division shall have a secretariat to
assist in its administration.

B. The Governing Council shall ensure that the IPCC has the necessary funds to
employ a secretariat and that the Regional Commissions find an appropriate place
to operate in the capital of the relevant Governorate.