1)

2)

3)

4)

1)

Section 5
Permits to Enter Iraq

Persons seeking entry to Iraq are to be classified as either persons who require permits
granting entry into Iraq (hereinafter “permits”) or persons who do not require such
permits. All persons who are not listed in Sections 5(2) or 5(3) of this Order require
permits. Authorized officers shall issue permits valid for up to 90 days, in accordance
with this Order and with applicable law.

Persons not requiring permits to enter Iraq are all those persons not otherwise denied
permits under this Order who are a) citizens of Iraq or persons who were born in Iraq,
b) Coalition personnel, ¢) United Nations officials or any official of any other UN
organization, and d) documented members of seagoing ships’ companies during the
stay of a ship in Jraqi waters, or e) documented members of airship companies during
the stay of the aircraft in Iraqi territory. Persons requiring permits are all persons who
are not listed in this Section 5.2.

Persons seeking entry into Iraq for tourism purposes require only those documents
directed in writing by the CPA for such limited-duration visits.

Permits may be obtained and issued from any Iraqi missions or embassies that have
reopened, and from CPA offices established for this purpose within Iraq and at
authorized ports of entry.

Section 6
Powers of an Authorized Officer

An authorized officer who receives an application for a permit shall either approve or
refuse the application, and shall notify the applicant of the decision. At any time after
an application for a permit is approved, the authorized officer may:

a) Alter or revoke any terms and conditions subject to which the person was granted.

entry;

b) Add terms and conditions as prescribed by the present Order and other CPA
Regulations, Orders or Memoranda; and/or

c) Extend the permit.

CPA/ORD/1 December 2003/16 5


4)

5)

6)

))

2)

The export or import of a Controlled Item shall require the prior written authorization
of the Administrator, or his designee. Such prior written authorization requirement
shall not apply to exports of Controlled Items by the CPA or Coalition personnel.
Such prior written authorization requirement shall also not apply to exports of
Controlled Items by Coalition contractors, as defined in Section 1(5) of CPA Order
No. 16; provided, however, that the contractor must be exporting such Controlled
Items in connection with the performance of its contract with the Coalition.

Goods that are not declared may be confiscated by an authorized officer. Persons
may also be ordered to return such goods, at their expense, to the jurisdiction from
which they came.

Any goods confiscated must be immediately handed over to the Ministry of the
Interior or to his or her delegate(s), and a receipt must be issued to the person from
whom the goods are confiscated.

Section 13
Offenses

Allegations of an offense shall be subject to review and action, if appropriate, by an
investigative judge of a customs court of Iraq or a criminal court of Iraq, as
appropriate to the alleged offense.

The following shall constitute an offense under this Order:

a) failing to appear before an authorized officer for examination as required by this
Order; .

b) failing to answer truthfully all questions by an authorized officer during
examination;

c) knowingly concealing documentation as may be required by the authorized officer
during examination;

d) failing to make a declaration or manifest of all goods being carried by the person
on request by an authorized officer;

e) failing to cooperate with a search of the person or search of the person's vehicle,
luggage or personal effects pursuant to this Order;

f) knowingly making a false representation, orally or in writing, to an authorized
officer for the purposes of securing entry of a person into Iraq;

g) entering Iraq or remaining in Iraq without a permit, if one is required;

CPA/ORD/1 December 2003/16 10


2)

3)

1)

2)

3)

Mass Destruction, their delivery systems, or advanced conventional military
systems, including dual use items;

i) has committed acts or omissions that constituted a war crime or a crime against
humanity; or

j) has previously been deported from, or denied entry to, Iraq by the CPA, or an
international territory with border control formalities.

In the case of a person is in possession of a valid travel document, or who can
otherwise establish Iraqi nationality, his or her entry into Iraq shall not be denied;
however, if security or military necessity requires, such a person may be detained
upon entry into Iraq;

A person denied entry under this Order may appeal to the Ministry of the Interior for a
review of the case. The determination of the Ministry of the Interior will be final.

Section 8
Notice to Depart

Where an authorized officer, upon examination of a person, is of the opinion that it
would be contrary to the present Order to grant entry to the person, or to extend the
permit of a person, the authorized officer may, as appropriate:

a) allow that person to leave Iraq immediately; and/or

b) serve, that person with a Notice to Depart (hereinafter "Noticc") within a specified
period.

A Notice must specify:

a) that the person must depart Iraq within a specified period;

b) the reasons why the Notice is being served;

c) that the person may object to the Notice in writing to the Ministry of the Interior
within a specified time, or give reasons why the Notice should not remain in force;

and

d) that timely compliance will not have adverse consequences for the return of a
person who otherwise complies with entry requirements.

Where the Ministry of the Interior receives written objections from a person under
this Order, the Ministry of the Interior shall:

CPA/ORD/1 December 2003/16 7


2)

3)

!)

Subject to the present Order, a visitor seeking an extension of a permit shall appear
before an authorized officer at such place as may be designated by the Ministry of the
Interior for examination to determine whether the visitor may be granted an extension
of a permit.

A visitor appearing for examination shall answer truthfully all questions put to that
visitor and shall produce such documentation as may be required for the purpose of
establishing whether the visitor may be granted an extension of a permit.

Section 7
Persons Who May be Denied Entry to Iraq

An authorized officer who receives an application for a permit may refuse the
application if the authorized officer has reasonable grounds to believe that the
applicant:

a) knowingly provided any false, misleading, or inaccurate information in the course
of the application process;

b) is suffering from any serious communicable disease, or is suffering from any
disorder, disability or other health impairment for which commercial health
services are not readily available in Iraq;

c) will be unable or unwilling to support herself or himself, and those persons who
are dependent on the applicant;

d) is or was a member of a criminal organization;

e) will commit offenses, or engage in criminal activity planned and organized by
persons acting in concert with or in furtherance of the commission of any offense;

f) will engage in or has engaged in an act of terrorism, or is a member of a terrorist
organization or an organization that there are reasonable grounds to believe will:

i) engage in acts which are offensive to the principles of democratic government,
institutions or processes in Iraq; or

ii) engage in or instigate the removal by force of any government;

g) will engage in acts of violence that may endanger the lives or safety of persons in
Iraq, or who is a member of an organization that engages in such acts;

h) has been involved or attempted to be involved with the acquisition, manufacture,
development, research or transfer of technology or material related to Weapons of

CPA/ORD/1 December 2003/16 6


¢) examine any travel document or any other document purporting to be a travel
document at a port of entry or any other place in Iraq, for the purpose of this Order
or relevant directives, examine any object that is, or is about to be, imported into
or exported from Iraq.

3) An authorized officer may seize and hold at a port of entry or any other place in Iraq
any object or document if the authorized officer reasonably deems this necessary for
the discharge of the functions of the officer under this Order.

4) An authorized officer may seize and hold any object or document if the officer
reasonably believes that it has been fraudulently or improperly obtained or used, or
that such action is necessary to prevent its fraudulent or improper use.

5) An authorized officer shall provide a written receipt to any individual from whom he
seizes an object or document under this Order.

Section 11
Search of a Person

1) An authorized officer may, without a warrant, search a person who seeks entry to
Traq.

2) The search of a person must be made by an authorized officer pursuant to the present
Order and must be made on reasonable grounds.

3) No person shall normally be searched by a person who is not of the same sex, and if
there is no officer of the same sex at the place at which the search is to take place, an
authorizéd officer may request that another border control or customs employee of the
same sex perform the search, when necessary to comply with this provision.

Section 12
Search and Seizure of Goods

1) An authorized officer may, without a warrant, search the vehicle, luggage or personal
effects of any person who seeks entry into Iraq.

2) Persons crossing the borders of Iraq must make declarations or manifests of all goods
being carried by the person available to an authorized officer on request.

3) An authorized officer shall confiscate any goods that may pose a threat to the peace,
security, health, environment, or good order of Iraq, including Controlled Items.
Authorized officers also shall confiscate any antiquities or cultural items suspected of
being illegally exported.

CPA/ORD/1 December 2003/16 9


COALITION PROVISIONAL AUTHORITY ORDER NUMBER 16 (REVISED)
TEMPORARY CONTROL OF IRAQI BORDERS, PORTS AND AIRPORTS

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 Resolution 1483 (2003) and Resolution 1511 (2003),

Recognizing that it is desirable as soon as, possible to restore the normal transit and
movement of people to and from Iraq,

Acknowledging that the Iraqi laws on immigration, customs and quarantine should remain
in place unless exceptions prove necessary for security reasons or otherwise to
accomplish the obligations of the CPA under the laws and usages of war,

Recognizing that effective export and border controls are essential to prevent the
proliferation of weapons of mass destruction, their delivery systems, advanced.
conventional weapons and related technologies,

Noting that the current security situation in Iraq does not permit the unrestricted
resumption of normal transit and movement,

I hereby promulgate the following:

Section 1
Definitions

1) “Authorized officer” means any Coalition personnel or Iraqi official designated by the
CPA to perform border control, customs, immigration, consular or quarantine
services,

2) “Coalition personnel” means all non-Iraqi military and civilian personnel under the
authority of the Coalition Forces Commander, as well as all non-Lraqi military and
civilian personnel assigned to, or under the direction or control of, the Administrator
of the CPA.

3) “Designated travel permit issuing authority” means (a) Ministry of Interior offices
and, if any, Ministry of Foreign Affairs offices designated by the Interim Minister of
Interior or Deputy Interim Minister of Interior to issue interim travel documents and
to extend Iraqi passports; (b) any Iraqi mission located outside Iraq designated by the
Interim Minister of Foreign Affairs or the Director of Consular Affairs to issue
interim travel documents and to extend Iraqi passports in addition to issuing
diplomatic and official passports.

CPA/ORD/1 December 2003/16


3)

4)

5)

1)

2)

person came, or to such other country as the authorized officer may approve at the
request of the company.

Where a person has been required to leave Iraq because at the time of the arrival in
Iraq the person was not in possession of a valid travel document required by
applicable law, a transportation company that has conveyed the person to Iraq shall be
liable to pay all costs of conveying that person to the country from which that person
came, or to such other country as an authorized officer may approve at the request of
the company.

Where a person has been granted entry to Iraq, or where that person, at the time of
arrival in Iraq, was in possession of a valid travel document, and where that person is
required to leave Iraq pursuant to the present Order, a transportation company that has
conveyed the person to Iraq and that is required to cause that person to be conveyed
from Iraq is entitled to be reimbursed by the Ministry of the Interior for the costs of
conveying that person from Iraq. However a transportation company shall not be
reimbursed for the costs of conveying from Iraq a person who enters Iraq as, or to
become, a member of a crew.

Where a person enters Iraq as, or to become, a member of a crew of a vehicle and
ceases to be a visitor, the transportation company that operates that vehicle may be
required to cause that person to be conveyed to the country from which that person
came, or to such other country as the Ministry of the Interior may approve at the
request of the company. The transportation company shall be liable to pay all costs of
conveying that person from Iraq,

Section 16
Other Offenses

Where an authorized officer has reasonable grounds to believe that a person who
secks entry to or exit from Iraq, or who seeks to remain in Iraq, is liable for an offense
committed under applicable law in Iraq, other than an offense prescribed in this
Order, the authorized officer shall report the matter immediately to security forces,
who may take such action as they deem appropriate.

Where the circumstances of the case require, an authorized officer may arrest a person
suspected of having committed an offense other than an offense prescribed in this
Order. The arrest must be immediately reported to the Interim Minister of the Interior,
and the arrested person must, as soon as possible but no later than six hours after the
arrest, be delivered into the custody of security forces.

Section 17
Review

CPA/ORD/1 December 2003/16 12


1)

2)

h) entering Iraq or remaining in Iraq by use of a false or improperly obtained travel
document or other document pertaining to the entry of that person or by reason of
any fraudulent or improper means or misrepresentation of any material fact;

i) failing to comply with a prescribed term of a permit;

j) escaping or attempting to escape from lawful custody or detention under the
present Order and relevant directives;

k) organizing or facilitating the entry or proposed entry into Iraq of a person,
knowing the person would, upon entering Iraq, be guilty of an offense under this
Section; or

1) seeking to export or import, or exporting or importing Controlled Items without
prior authorization issued pursuant to Section 12(4) of this Order.

Section 14
Penalties

A person who commits an offense described in this Order is liable to have any goods
in his or her possession confiscated and may be deported from Iraq. The person may
also be liable to a penalty prescribed in an applicable Iraqi law or CPA Order,
Regulation or other directive.

Section 15
Liability for Removal Costs

A transportation company shall ensure that:

a) the persons it conveys to [raq are in possession of all travel documents required by
applicable law,

b) it presents each person to an authorized officer for examination at such place as
may be designated by an authorized officer upon arrival of each one of its vehicles
in Iraq, and

c) no other person leaves the vehicle i) at any place other than that designated by an
authorized officer, or ii) until permission has been granted by an authorized
officer.

Where a person has been allowed or required to leave Iraq pursuant to this Order, a
transportation company that has conveyed the person to Iraq may be required by an
authorized officer to cause that person to be conveyed to the country from which that

CPA/ORD/1 December 2003/16 11


a)
d)
¢)

consider such written objections promptly;
promptly determine the fair and lawful resolution of the matter; and
advise the person in writing of the decision.

Section 9
Revocation of a Permit

An authorized officer may revoke a person's permit if:

a)

b)

e)

qd)

the circumstances that formed the basis of the approval of the person's application
for the permit no longer exist;

the person breaches a prescribed term of the permit, or another person required to
comply with a condition of the permit has not met that condition;

the presence of the person in Iraq is, or would be, a risk to the health, safety or
good order of the Iraqi community; or

the permit should not have been granted because the application for the permit was
in contravention of the present Order or other applicable law.

Section 10
Identification and Seizure of Documents

1) Persons shall comply with the instructions of an authorized officer regarding their
identification a) if they seek entry into Iraq, b) if they make an application for the
renewal of a permit, c) if they have been arrested, or d) if they are subject to
deportation under this Order.

2) For the purpose of identification, an authorized officer may:

a)

b)

search persons who the authorized officer believes either have not revealed their
identity or have hidden on or about their person documents that are relevant to a
decision as to whether they may be granted permission to enter Iraq, and may
search any vehicle that conveyed the persons to Iraq and their luggage and
personal effects;

search persons who the authorized officer reasonably believes have committed an
offense or are in possession of documents that may be used in the commission of
an offense, and may search any vehicle that conveyed the person to Iraq and their
luggage and personal effects;

CPA/ORD/1 December 2003/16 8


))

2)

)

2)

3)

for travel except for direct return travel to Iraq. Such passports may be confiscated by
any authorized officer or any authorized representative of the Ministry of Foreign
Affairs.

Section 3
Right to Exit

Subject to compliance with Iraqi law and with border control procedures established
from time to time by the CPA, all persons may exit from Iraq, provided they are in
possession of travel documents and are not subject to any travel restrictions under
applicable law including this Order.

The following persons shall require special clearance to exit Iraq and may be
prevented from exiting at the discretion of the Ministry of the Interior:

a) Senior regime or military leadership and Senior Party Members or office holders
of the Baath Party, as described in CPA/ORD/16 May 2003/01;

b) Persons suspected of having committed serious crimes;

¢) Persons who are known or are suspected to have links to a terrorist organization or
who are suspected to have committed or to have provided financial, material, or
technological support for acts of terrorism; and

d) Persons suspected of being involved or attempting to be involved with the
acquisition, manufacture, development, research, or transfer of technology or
material related to Weapons of Mass Destruction or their delivery systems; or
having knowledge of the location of Weapons of Mass Destruction or their
delivery systems, or the identity of persons with such knowledge.

Section 4
Examinations for Entry

Subject to the present Order, a person seeking entry to Iraq shall appear before an
authorized officer at a port of entry, border control station or at such other place as
may be designated by the Ministry of the Interior for examination to determine
whether the person may be granted entry to Iraq.

A person appearing for examination shall answer truthfully all questions put to that
person and shall produce such documentation as may be required for the purpose of
establishing whether the person may be granted entry.

A person may be detained for further examination upon entry and/or pending
arrangements for his or her removal.

CPA/ORD/1 December 2003/16 4


13) “Weapons of Mass Destruction” means nuclear, biological, or chemical weapons.

1)

2)

3)

4)

5)

6)

Section 2
Preservation of Laws

All Iraqi laws regarding immigration, emigration, customs and quarantine shall
remain in force unless specifically suspended by this Order.

Wherever a stipulation or provision of this Order or any other CPA Regulation, Order
or Memorandum conflicts with a current provision of Iraqi immigration, emigration,
customs and quarantine laws, the stipulation or provision contained in such
Regulation, Order or Memorandum shall prevail.

The edict of the former President Saddam Hussein regarding the expiration of “N”
series passports issued during the years 1996 to 2002, fixing their expiration in the
year 2003, is hereby suspended. All “N” and “M” series passports will continue in
effect for their statutory duration.

All Iraqi passports that have expired since June 27, 1999, or will expire before
January 1, 2004 for the exclusive purpose of direct return travel to Iraq, will be
deemed valid until December 31, 2003, with such travel to be completed by

December 31, 2003. Such a passport will not be considered valid for any other

purpose.

All Iraqi passports in the “N” and “M” series may be extended by any designated
travel permit issuing authority. Passports presented to a designated travel permit
issuing authority for extension on or before their original expiration date or within the
two months immediately following their original expiration date may be extended for
a period of 4 years. Passports presented to a designated travel permit issuing
authority for extension after the two months following their original expiration date
may be extended for a period of 2 years. Any passport purporting to have been issued
after March 19, 2003 that does not bear a CPA/Ministry of Foreign Affairs stamp
and/or a CPA/Ministry of Interior stamp, as appropriate, is invalid. Any Iraqi
passport valid under this Order may be amended by any authorized officer at an Iraqi
mission overseas to register a child born on or after January 1, 2001, on the passport
ofa parent, guardian, or legal trustee, in accordance with established Iraqi law and
procedures.

Consistent with Section 2 of CPA Order No. 26 (CPA/ORD/24 August 2003/26), the
Ministry of Foreign Affairs has the authority to grant, issue, renew, extend or amend
diplomatic and service passports in accordance with established procedures and for

the purpose of facilitating official travel of Iraqi officials. As of January 1, 2004, all
diplomatic and service passports that do not have a CPA/Ministry of Foreign Affairs
stamp either to reflect issuance, renewal, extension or validation, are declared invalid

CPA/ORD/1 December 2003/16 3


4) “Goods” means any commodity, substance, organism, article, document, data or
thing, whether manufactured or natural, including any Controlled Item, that may be
moved across the borders of Iraq. “Goods” does not include human bodies, cadavers
or human remains.

5) “Member of a crew” means a person, including a master, who is employed on a
vehicle to perform duties during a voyage or trip related to the operation of the
vehicle or the provision of services to passengers.

6) “Controlled Item” means any item contained in the control lists of the Missile
Technology Control Regime, the Australia Group, the Nuclear Suppliers Group, the
Zangger Committee or the Wassenaar Arrangement or any other documents, systems,
components, materials, software or technology that may be intended to contribute to
the acquisition, manufacture, development, research or transfer of Weapons of Mass
Destruction, their delivery systems or advanced conventional military systems.
“Technology” includes information necessary for the design, development,
production, or use of a controlled commodity or software.

7) “Terrorism” means the use or threatened use of unlawful violence against civilians,
noncombatants, or other innocents, calculated to cause fear or to coerce or intimidate
governments or societies, and motivated by political, religious, or ideological goals.

8) “Terrorist organization” means an organization whose objective is to support or
commit acts of terrorism, directly or indirectly, physically or financially.

9) “Transportation company” is any corporation, enterprise or other entity transporting
persons {o Iraq.

10) “Travel documents” means documents required by the CPA for entry into and exit
from Iraq. These may include: a) an Iraqi passport valid on its face or which has had
its validity extended consistent with this Order, b) a CPA Interim Travel Document
(ITD), c} a document or documents proving Iraqi nationality (including an Iraqi
Nationality Card) for return to Iraq, d) a travel permit issued by an authorized officer
as defined by this Order, or e) a document issued by a foreign government or an
international organization, such as the United Nations High Commission for Refugees
or the International Committee of the Red Cross identifying the person as a refugee
from Iraq.

11) “Travel permit” means a permit to enter Iraq issued pursuant to Section 5 of this
Order.

12) “Vehicle” means any conveyance that may be used for transportation by land, water
or air.

CPA/ORD/1 December 2003/16 2


1)

2)

3)

A person against whom an adverse decision has been made by an authorized officer
under this Order may apply in writing to the Ministry of the Interior for a review of
the decision. Within seven days of receipt of the application, the Ministry of the
Interior shall review the decision and notify the applicant of the determination.

A person whose goods have been confiscated may apply in writing, with a copy of the
confiscation receipt attached, to the Ministry of Interior for a review of the decision.
Within seven days of receipt of the application, the Ministry of Interior shall review
the decision and notify the applicant of the determination.

The Ministry of Interior may issue Administrative Instructions in connection with
such reviews.
Section 18
Entry into Force

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

YoiConk. izlilo®

L. Paul Bremer, Administrator
Coalition Provisional Authority

CPA/ORD/I December 2003/16 13