Order 100: Transition of Laws, Regulations, Orders, and Directives Issued by the CPA

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Order 100: Transition of Laws, Regulations, Orders, and Directives Issued by the CPA  (2004) 
L. Paul Bremer, Coalition Provisional Authority
Deficient OCR, possibly incomplete. Original PDF available at Commons:Category:Coalition Provisional Authority documents.

COALITION PROVISIONAL AUTHORITY ORDER NUMBER 100


TRANSITION OF LAWS, REGULATIONS, ORDERS, AND DIRECTIVES
ISSUED BY THE COALITION PROVISIONAL AUTHORITY


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), Resolution 1511 (2003), and Resolution
1546 (2004);

Reaffirming that the laws, regulations, orders, memoranda, instructions and directives of
the CPA remain in force unless and until rescinded or amended by legislation duly
enacted and having the force of law, as set forth in Article 26(C) of the Law of
Administration for the State of Iraq for the Transitional Period (“TAL”);

Recognizing that the Government of Iraq will be responsible for interpreting and
implementing these laws, regulations, orders, memoranda, instructions and directives
following the transfer of full governing authority on 30 June 2004;

Noting that many of these laws, regulations, orders, memoranda, instructions and
directives require technical amendment and/or rescission to properly reflect the transfer
of full governing authority and the dissolution of the Coalition Provisional Authority on
30 June 2004;

Further noting that many of these laws, regulations, orders, memoranda, instructions and
directives require technical amendment and/or rescission to reflect the structure of the
Iraqi Interim Government and to allow for proper delegation of responsibilities within
that Government and subsequent Iraqi Governments;

Determined to facilitate the continuity of Iraqi law and to ensure a smooth transfer of full
governing authority to the Iraqi Interim Government on 30 June 2004;

Having consulted with the Iraqi Interim Government, including the Prime Minister, I
hereby promulgate the following:

Section 1
Purpose


This Order makes appropriate revisions to laws, regulations, orders, memoranda,
instructions and directives issued by the CPA to facilitate an orderly transfer of full
governing authority to the Iraqi Interim Government on 30 June 2004. The Order
seeks to ensure that the Iraqi Interim Government and all subsequent Iraqi
governments inherit full responsibility for these laws, regulations, orders, memoranda,

CPA/ORD/28 JUNE 2004/100



instructions and directives so that their implementation after the transfer of full
governing authority may reflect the expectations of the Iraqi people, as determined by
a fully empowered and sovereign Iraqi Government. This is the final Order of the
CPA, which will dissolve on 30 June 2004, after the transfer of full governing
authority to the Iraqi Interim Government.

Section 2
General Rules

Except where otherwise noted in this Order, the following General Rules shall apply
to every law, regulation, order, memorandum, instruction and directive issued by the
CPA:

1) All powers, authorities, and responsibilities granted to the Administrator under any
law, regulation, order, memorandum, instruction or directive of the CPA transfer
to the Prime Minister and shall be exercised pursuant to law, including the TAL
and its Annex. As the official with day-to-day responsibility for management of
the federal government, the Prime Minister may delegate such powers and
responsibilities to an appropriate minister or ministry.

2) All powers, authorities, and responsibilities granted to the CPA under any law,
regulation, order, memorandum, instruction or directive of the CPA transfer to the
Federal Government and shall be exercised pursuant to law, including the TAL
and its Annex. The Federal Government means the Iraqi Interim Government, the
Iraqi Transitional Government, and the Iraqi Government to be elected under a
permanent Iraqi constitution as set forth in Chapter 9 of the TAL.

3) All references to “consultation” or “coordination” with the CPA, or CPA
“direction,” “supervision,” or “control” of an Iraqi Ministry or other Iraqi
government entity or official, or any related reference, are hereby rescinded.

4) All references to the Iraqi federal government in any form, including references to
“an internationally recognized, representative government” or “a transitional Iraqi
administration,” shall apply equally to the Iraqi Interim Government, and all
subsequent Iraqi governments, including the Iraqi Transitional Government and
the Iraqi Government to be elected under a permanent constitution as set forth in
Chapter 9 of the TAL. This rule does not implicate references to regional,
governorate, local, or municipal government entities in Iraq.

5) All provisions that contemplate present or future orders, regulations, and/or
memoranda issued by the Administrator or the CPA shall be read to contemplate
present or future orders or regulations of the Iraqi Interim Government as well as

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duly enacted legislation or duly promulgated regulations of any subsequent Iraqi
Government.

6) The word “interim” when immediately preceding “minister” or “ministers” shall
be deleted. All references to a minister or ministers shall refer equally to a
minister or ministers serving in the Iraqi Interim Government, the Iraqi
Transitional Government, or the Iraqi Government to be elected under a
permanent Iraqi constitution as set forth in Chapter 9 of the TAL.

7) References to “CPA or Coalition personnel” or “Coalition Authorities” or
“Coalition personnel” shall be read to cover all foreign national personnel
performing services for, or on behalf of, a foreign embassy, including foreign
contractors and subcontractors, whether hired by the Federal Government or hired
by a foreign government and operating legally in Iraq.

8) All references to “Coalition Forces” and related references shall apply equally to
Multinational Forces operating in Iraq pursuant to United Nations Security
Council Resolutions 1511 and 1546.

9) All references to “the Iraqi Governing Council” are hereby rescinded and shall
refer instead to the Federal Government generally, including the Iraqi Interim
Government, the Iraqi Transitional Government, and the Iraqi Government to be
elected under a permanent Iraqi constitution as set forth in Chapter 9 of the TAL.

10) The phrase “body vested with national legislative powers” shall refer to the
Council of Ministers in the Iraqi Interim Government and the National Assembly
in the Iraqi Transitional Government. The same phrase shall apply to the body
having legislative powers in the Iraqi Government to be elected under a permanent
Iraqi constitution as set forth in Chapter 9 of the TAL.

11) The terms “chief executive,” “head of the Iraqi Government,” and “head of the
Iraqi Government exercising national command authority” shall refer to the Prime
Minister in the Iraqi Interim Government and Transitional Government and the
equivalent office in the Iraqi Government to be elected under a permanent Iraqi
constitution as set forth in Chapter 9 of the TAL. All Iraqi governments
subsequent to the transfer of full governing authority from the CPA, however,
enjoy the authority inherent in sovereignty to divide authorities and
responsibilities among the Presidency Council, the Prime Minister, and any other
office, in a manner consistent with law.

12) All references to “foreign liaison mission” shall apply equally after 30 June 2004
to diplomatic and consular missions.

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Section 3
Revisions of Specific CPA Order Provisions

Notwithstanding the General Rules set forth in Section 2 of this Order, the following
specific provisions of CPA Orders shall be amended, rescinded, or otherwise changed
as follows:

1) CPA Order Number 1, De-Ba’athification of Iraqi Society

Section 1(6) shall be rescinded in its entirety.

2) CPA Order Number 2, Dissolution of Entities

a) In Section 2(3), the term “local Coalition authorities” shall be rescinded and
replaced with the following: “federal government authorities.”

b) The following shall be appended to the end of the final sentence of Section
2(3): “in accordance with law.”

c) Section 5 shall be rescinded in its entirety.

d) Section 6(2) shall be rescinded in its entirety.

3) CPA Order Number 3 (Revised) (Amended), Weapons Control

a) CPA Order Number 3 shall not apply to personnel or Member States of the
Multinational Force operating in Iraq pursuant to United Nations Security
Council Resolutions 1511 and 1546. Accordingly, all references to
“Coalition Forces,” “Coalition Member States,” “Coalition Force
Commander,” and/or “Commander, Coalition Forces,” shall be rescinded.

b) In Section 1(4), the definition of “Iraqi security forces” shall be amended to
include “the Iraqi Armed Forces.”

c) In Section 1, a new subsection (10) shall be inserted as follows: “10)
‘Private Security Company’ means a private business, properly registered
with the Ministry of Interior and Ministry of Trade that seeks to gain
commercial benefits and financial profit by providing security services to
individuals, businesses and organizations, governmental or otherwise.”

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d) Section 3(1)(c) shall be rescinded in its entirety and replaced with the
following: “Groups and individuals who have been authorized by the
Minister of the Interior to carry weapons in the course of their duties.”

e) Section 3(2) shall be rescinded and replaced with the following: “Private
security companies may be licensed by the Minister of the Interior to
possess and use licensed Firearms and Military Weapons, including Special
Category Weapons, in the course of their duties, including in public
places.”

f) Section 4(3) shall be rescinded and replaced with the following: “The
carrying of concealed weapons is prohibited, other than by (a) Iraqi security
forces; (b) Private Security Companies; (c) security officers from
diplomatic missions; and (d) any other group or individual so authorized by
the Minister of the Interior.”

g) The first sentence of Section 5 shall be rescinded and replaced with the
following: “Individuals not otherwise authorized to possess or use Firearms
or Military Weapons by this, any other CPA instrument, or any other
provision of Iraqi law, may apply for weapons authorization.”

h) In Section 6(1), the phrase “are subject to confiscation by Coalition Forces
and other relevant authorities” shall be rescinded and replaced with the
following: “are subject to confiscation by the Iraqi Security Forces.”

i) Section 6(6) shall be rescinded in its entirety and replaced with the
following: “An investigative judge of competent jurisdiction may grant a
certificate of immunity from prosecution for offenses under this Order or
the Iraqi Weapons Code of 1992, but only upon written findings that the
person to be granted such immunity provided information that (a) led to the
apprehension and conviction of persons in relation to whom information
was sought by the Federal Government or (b) resulted in the prevention of a
violent crime against public security, including a violent crime against the
Federal Government and its personnel, or the Multinational Force operating
in Iraq pursuant to United Nations Security Council Resolutions 1511 and
1546 and its personnel.”

j)
The following sentence shall be appended to the end of Section 7: “This
Order and all regulations promulgated hereunder shall be interpreted in a
manner consistent with CPA Order Number 17 (Revised), (CPA/ORD/27
June 2004/17).”

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4) CPA Order Number 13 (Revised) (Amended), The Central Criminal Court of
Iraq

a) Section 5 shall be rescinded in its entirety and replaced with the following:
“All judges of the Central Criminal Court of Iraq shall be appointed
pursuant to Article 46(A) of the TAL and subject to removal only pursuant
to Article 47 of the TAL.”

b) Sections 8(1) shall be rescinded in its entirety.

c) Section 8(3) shall be rescinded in its entirety and replaced with the
following: “A judge of the CCCI shall remove himself or herself from any
case in which a party to the proceeding is a spouse, relative of second
degree or other close relationship of that judge.”

d) The first sentence of 8(4) shall be rescinded.

5) CPA Order Number 14, Prohibited Media Activity

a) Section 3 shall be rescinded in its entirety and replaced with the following:
“The Prime Minister shall have the authority to enforce Section 2 of this
Order, consistent with Chapter 2 of the TAL and Iraq’s obligations under
international law.”

b) Section 3 shall be retitled “Enforcement.”

c) Sections 4(1) and 4(2) shall be rescinded in their entirety.

d) Section 5(2) shall be rescinded in its entirety and replaced with the
following: “Additionally, media organizations penalized in accordance with
Section 5(1) shall be referred to the Iraqi Communications and Media
Commission for consideration of other appropriate sanction, including
withdrawal of duly issued licenses.”

e) Section 6 shall be rescinded in its entirety and replaced with the following:
“Any media organization sanctioned under Section 5(1) of this Order may
appeal to a court of competent jurisdiction for a determination of whether
the sanction complies with applicable law, including Chapter 2 of the TAL
and the International Covenant on Civil and Political Rights.”

6) CPA Order Number 15, Establishment of the Judicial Review Committee

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A new Section 8 shall be added, entitled “Expiration,” which shall provide as
follows: “This Order shall expire and the Judicial Review Committee shall be
abolished upon the transfer of governing authority to the Iraqi Interim
Government on 30 June 2004; provided, however, that (1) all of the
Committee’s decisions prior to 30 June 2004 shall remain in full force and
effect and (2) the Iraqi Judiciary Act, to the extent consistent with the TAL and
relevant CPA Orders, shall remain in full force and effect. All judicial
appointments to, and removals from, the federal courts after 30 June 2004 shall
be conducted pursuant to Chapter 6 of the TAL.”

7) CPA Order Number 16 (Revised) (Amended), Temporary Control of Iraq
Borders, Ports, and Airports

a) In Section 1(1), “Coalition Personnel” shall be rescinded and replaced with
“Multinational Force Personnel.”

b) A new Section 1(3)(d) shall be added as follows: “citizens and nationals
traveling to Iraq on official government business of any state which
contributes more than 500 military personnel to the Multinational Force
operating in Iraq pursuant to United Nations Security Council Resolutions
1511 and 1546.”

c) The remainder of Section 1(3) shall be read and interpreted according to its
express terms, notwithstanding Section 2(7) of this Order.

8)
CPA Order Number 17 (Revised), Status of Coalition Provisional Authority,
MNF-Iraq, Certain Missions and Personnel in Iraq

This Order shall not apply to Order Number 17.

9) CPA Order Number 19, Freedom of Assembly

a) In Section 3(1), the phrase “unless acting under authority of the Coalition
Force Commander or a Divisional or Brigade Commander (hereinafter
‘Approving Authorities’)” shall be rescinded and replaced with the
following: “unless acting under authority of the Ministry of Interior (the
‘Approving Authority’) pursuant to a regularized procedure for issuing
permits for such marches, assemblies, meetings, or gatherings. The
Ministry of Interior shall promulgate regulations to establish this
regularized procedure as soon as possible after 30 June 2004. All such

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regulations shall be consistent with the TAL and Iraq’s obligations under
international law.”

b) In Section 3(3), the phrase “or to be held within 500 meters of any CPA or
Coalition Force facility” shall be rescinded and replaced with the following:
“or to be held within 500 meters of any foreign embassy, including foreign
embassy regional offices and consulates, facility of the Multinational Force
operating in Iraq pursuant to United Nations Security Council Resolutions
1511 and 1546, or public building actively used by the Iraqi government.”

c) At the end of Section 3, the following shall be inserted as a new subsection:
“4) Any party denied an opportunity to march, assemble, meet, or gather
pursuant to this Order shall have recourse to a federal court for review of
whether such denial should be reversed on account of being arbitrary,
capricious, or otherwise contrary to law.”

10) CPA Order Number 22, Creation of an Iraqi Armed Forces

a) Section 3(2) shall be rescinded in its entirety and replaced with the
following: “The mission of the Iraqi Armed Forces is the military defense
of the nation, including defense of the national territory and the military
protection of the security of critical installations, facilities, infrastructure,
lines of communication and supply, and population. The tasks of the Iraqi
Armed Forces include developing a military capability in order to provide
the basis for militarily effective, professional, and non-political armed
forces for the military defense of the nation. Except as authorized by orders
or regulations of the Iraqi Interim Government as well as duly promulgated
legislation or regulations of any subsequent Iraqi government, the Iraqi
Armed Forces shall not have, or exercise, domestic law enforcement
functions. Nor shall the Iraqi Armed Forces intervene in the domestic
political affairs of the nation. Tasks of the Iraqi Armed Forces will also
include, when so ordered, participation in domestic relief operations
associated with natural or man-made disasters and humanitarian relief
missions.”

b) Section 3(3) shall be rescinded in its entirety and replaced with the
following: “The President of the State will commission officers in the Iraqi
Armed Forces who have been approved for commissioning by the Prime
Minister. The Prime Minister or the Minister of Defence will designate
Commanders of units of the Iraqi Armed Forces, including officers to
command the principal units of the Iraqi Armed Forces, as they are
created.”

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c) In Sections 3(4), 6(1), 6(8), 6(10), 6(16)(b), 8(1), 10 and 11, all references
and associated references to “a civilian member of the CPA reporting
directly to the Administrator and to whom such authority is specifically
delegated in writing” shall be rescinded and replaced with the following:
“the Minister of Defence.”

11) CPA Order Number 25, Confiscation of Property Used in or Resulting From
Certain Crimes

In Section 6(6), the reference to “the CPA, Director of Management and
Budget” shall be rescinded and replaced with the following: “the Prime
Minister or any official the Prime Minister deems most appropriate to receive
the Criminal Property report.”

12) CPA Order Number 30, Reform of Salaries and Employment Conditions of State
Employees

a) In Section 3(4) and 8, all references to the “CPA Director of Management
and Budget” shall be rescinded and replaced with the following: “the Iraqi
Minister of Finance.”

b) Section 10 shall become Section 11.

c) A new Section 10 entitled “Other Matters” shall provide as follows: “The
Office of the Council of Ministers, which served under the previous regime,
shall be dissolved immediately prior to the transfer of full governing
authority to the Iraqi Interim Government. Each employee, if he or she
chooses, shall be transferred at that time with his or her rank to the Office
of Surplus Personnel in the Ministry of Finance for reassignment to other
civil service employment within the federal government. In the alternative,
each employee may choose to retire and, in such a case, the employee shall
receive his or her pension pursuant to Iraqi law.”

13) CPA Order Number 35, Re-Establishment of the Council of Judges

Pursuant to Article 45 of the TAL, the Higher Juridical Council shall assume
the role of the Council of Judges as of 30 June 2004. The membership of the
Higher Juridical Council is set forth in Article 45 of the TAL. To the extent
Order 35 is inconsistent with Article 45 or any other provision of the TAL, the
TAL provision shall control.

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14) CPA Order Number 36, Regulation of Oil Distribution

a) In Section 1(1), the references to “the Coalition Provisional Authority” and
“Commander Coalition Forces” shall be rescinded.

b) Section 7 shall be rescinded in its entirety.

15) CPA Order Number 37, Tax Strategy for 2003

In Section 5, the reference to “the Administrator of the Coalition Provisional
Authority or” shall be rescinded.

16) CPA Order Number 38, Reconstruction Levy

Section 2(2) shall be rescinded in its entirety and replaced with the following:
“The Reconstruction Levy shall not apply to (a) Multinational Forces and
departments and agencies of Multinational Force Governments and (b) Foreign
(non-Iraqi) employees and foreign (non-Iraqi) contractors and subcontractors
of Multinational Force Governments as specifically defined in CPA Order
Number 17 (Revised), (CPA/ORD/27 June 2004/17).”

17) CPA Order Number 41, Notification of Criminal Offenses

a) In Section 1(1), the phrase “the Governing Council, the interim Iraqi
Ministers, those persons specifically authorized to draft the new Iraqi
constitution, the CPA and Coalition Forces” shall be rescinded and replaced
with the following: “the Iraqi Interim Government and the Iraqi
Transitional Government and any subsequent Iraqi Government elected
under a permanent constitution as set forth in Chapter 9 of the TAL.”

b) Section 3 shall be rescinded in its entirety.

18) CPA Order Number 45, Non-Governmental Organizations

a) The following shall be appended to the end of Section 3(1): “The Office
shall issue a registration certificate or a written decision within 60 business
days of receiving an application to register from a non-profit organization.
If neither a registration certificate nor a written decision is issued within 60
business days, an application shall be considered provisionally approved
until receipt of subsequent communication from the Office confirming
approval or denial of the application.”

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b) Section 6 shall be rescinded and replaced with the following: “If an NGO is
found to be operating programs after the suspension or revocation of its
registration, or is engaged in conduct that is a direct threat to security or
public safety while operating programs regardless of whether registered or
not, the Minister of Planning may recommend that the Prime Minister
direct closure of the NGO. The Prime Minister may then direct the
appropriate minister to effect such closure. In cases of an immediate and
substantial threat to security or public safety, as determined by the Prime
Minister in consultation with the Presidency Council, the Prime Minister
may direct that the assets of an NGO which has had its operations closed in
accordance with this paragraph be confiscated and its premises sealed. The
NGO may appeal the decision to close its operations and/or confiscate its
assets and/or close its premises to a court of competent jurisdiction.”

c) Section 9(10) shall be rescinded in its entirety.

19) CPA Order Number 48, Delegation of Authority Regarding an Iraqi Special
Tribunal

a) Sections 1(6) of the Delegation of Authority shall be rescinded in its
entirety.

b) Section 3 of the Delegation of Authority shall read in its entirety “This
Order shall enter into force on the date of signature.” The remainder of
Section 3 shall be rescinded.

20) CPA Order Number 55, Delegation of Authority Regarding the Iraqi Commission
on Public Integrity

Section 2(g) of the Delegation of Authority shall be rescinded in its entirety.

21) CPA Order Number 57, Iraqi Inspectors General

a) The following sentence shall be appended to the end of Section 2(3): “In
the event a vacancy arises in the position of Inspector General for the
Amanat Baghdad, a position created by CPA Memorandum Number 13
(CPA/MEM/2 June 2004/13), the Mayor of Baghdad shall fill the vacancy
by appointment.”

b) Section 7(1) shall be rescinded in its entirety and replaced with the
following: “To enhance their independence, all ministerial Offices of
Inspectors General (which shall include the Inspector General for the

CPA/ORD/28 JUNE 2004/100


Amanat Baghdad) shall be centrally funded from an allocation within the
annual national budget. Any such allocation shall be prepared by the
relevant Inspector General in consultation with the Commissioner for
Public Integrity and the President of the Board of Supreme Audit, be
limited only to those functions and duties required of Inspectors General
under this Order, and submitted to the Ministry of Finance. The Ministry
of Finance shall consider the budgetary request and determine the
appropriate amount of funding for the forthcoming fiscal year in
accordance with the budget preparation process set forth in CPA Order
Number 95, Financial Management Law and Public Debt Law,
(CPA/ORD/2 June 2004/95).”

22) CPA Order Number 60, Ministry of Human Rights

Section 2(3) shall be rescinded in its entirety and replaced with the following:
“This shall include requesting and coordinating appropriate support from
external sources, including non-governmental and other international
organizations, the United Nations, and the Multinational Force operating in
Iraq pursuant to United Nations Security Council Resolutions 1511 and 1546.”

23) CPA Order Number 65, Iraqi Communications and Media Commission

a) In Section 4(3), the phrase “in consultation with the IGC and the
Administrator” shall be rescinded.

b) The following definition shall be added to Section 2: “Media organization”
includes individuals or groups, and private, corporate, or public entities,
domestic or international, established for the purpose of transmitting
information by any means.”

c) All references in Section 8 to “broadcaster, telecommunications operator or
information services provider” shall be replaced with “broadcaster,
telecommunications operator, information services provider, or any other
media organization.”

d) Section 11(1) shall be rescinded in its entirety and replaced with the
following: “The Commission shall be funded from the following
sources: (a) Recurring and non-recurring fees collected from licensees and
registrations; and (b) Grants, donations or other amounts received by the
Commission from any source, insofar as they are in conformity with
applicable law.”

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24) CPA Order Number 67, Ministry of Defence

a) The following sentence shall be appended to the end of Section 1(2): “If the
position of Minister of Defence becomes vacant for any reason after the
transfer of full governmental authority to the Iraqi Interim Government, a
new Minister of Defence shall be appointed in accordance with Article
38(A) of the TAL.”

b) Section 2(1)(a) shall be rescinded and replaced with the following: “The
IAF will consist of the Army, Air Force, Coastal Defence Force, and
reserve components (when established), and associated headquarters.”

c) In Section 4(2), the reference to “the provisions of United Nations Security
Council Resolution 1511” shall be rescinded and replaced with the
following: “the provisions of United Nations Security Council Resolutions
1511 and 1546.”

d) The following sentence shall be appended to the end of Section 4(7): “All
subsequent Inspectors General for the MoD shall be appointed pursuant to
the process set forth in Section 2 of CPA Order Number 57, (CPA/ORD/10
Feb. 2004/57).”

25) CPA Order Number 69, Delegation of Authority to Establish the Iraqi National
Intelligence Service

a) In the Delegation of Authority, Section 2(4) shall be rescinded in its
entirety.

b) In the Delegation of Authority, the following sentence shall be appended to
the end of Section 2(5): “All subsequent Inspectors General for the INIS
shall be appointed pursuant to the process set forth in Section 2 of CPA
Order Number 57, (CPA/ORD/10 Feb. 2004/57).”

26) CPA Order Number 71, Local Government Powers

a) The following sentence shall be appended to the end of Section 2(3): “After
the transfer of authority on 30 June 2004, additional positions may be
designated as ‘senior positions’ by the Prime Minister with approval of the
Presidency Council.”

b) Section 2(4) shall be rescinded in its entirety.

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c) The current Section 3(5) shall become Section 3(7).

d) A new Section 3(5) shall provide as follows: “At least two weeks prior to
any Governorate Council vote on whether to remove a Director General
pursuant to Section 3(4) of this Order, the Governorate Council shall notify
in writing the relevant Ministry that such a vote will be held. The Ministry
may avail itself of this two week period to hold consultations with the
Governor and Governorate Council regarding the proposed removal of the
Director General. Only at the conclusion of this two week period may the
Governorate Council bring the proposed removal to a vote.”

e) A new Section 3(6) shall provide as follows: “Notwithstanding any
provision of this Order or any other law, the removal of a Director General
or an official in a designated senior position may be suspended for 6
months upon the Prime Minister’s certification in writing that such removal
will cause significant damage to national security and upon the unanimous
approval of that certification by the Presidency. To continue the suspension
of a removal vote for another 6 months, the Prime Minister must recertify
in writing that the removal will cause significant damage to national
security and the Presidency must unanimously approve that certification.”

f)
The current Section 9 shall become Section 10.

27) CPA Order Number 73, Transfer of the Iraqi Civil Defense Corps to the Ministry
of Defense

Section 3(8) is rescinded in its entirety.

28) CPA Order Number 74, Interim Law on Securities Markets

a)
The following sentence shall be appended to the end of Section 1(6): “For
purposes of this Order, the body vested with national executive authority in
both the Iraqi Interim and Transitional Governments shall be the Council of
Ministers.”

b) Section 6(2)(b) shall be rescinded in its entirety and replaced with the
following: “The Exchange’s Board of Governors shall appoint the Chief
Executive Officer of the Exchange.”

c) The following sentence shall be appended to the end of Section 6(3):
“Subsequent selections of members of the Board of Governors shall be

CPA/ORD/28 JUNE 2004/100


made by a vote taken by the General Assembly of the Exchange, in
conformance with the Exchange’s bylaws and/or relevant rules.”

d) Section 6(9) shall be rescinded in its entirety, and replaced with the
following: “A Governor may be removed prior to the expiration of his or
her term only for cause and by a super majority (seventy five percent) vote
of the Commission.”

e) Section 12(6) shall be rescinded in its entirety and replaced with the
following: “The Commission may set its own salaries, benefits and
financial entitlements in conformance with the Ministry of Finance’s
requirements for budgetary management of Iraq’s public money.”

f) Section 13(6) shall be rescinded in its entirety.

29) CPA Order Number 75, Realignment of Military Industrial Companies

a) In Sections 2(4), 3(1), 3(2), and 3(3), all references to “the Administrator”
shall be rescinded and replaced with the following: “the Prime Minister in
consultation with the Council of Ministers.”

b) Section 3(5) shall be rescinded in its entirety and replaced with the
following: “The Minister of Industry may make specific recommendations
to the Prime Minister for alternative courses of action.”

30) CPA Order Number 76, Consolidation of State Owned Enterprises

The following sentence shall be appended to the end of Section 5(7):
“Following the transfer of full governmental authority to the Iraqi Interim
Government, the duties of the Administrator under this Order shall transfer to
the Prime Minister and the duties of the Governing Council under this Order
shall transfer to the Council of Ministers.”

31) CPA Order Number 77, Board of Supreme Audit

In Section 2(4), references to “the Coalition Provisional Authority” and “the
Iraqi Governing Council” shall be rescinded.

32) CPA Order Number 82, Iraqi National Remembrance Foundation

a) In Section 3(4), references to “the Iraqi Governing Council” shall be
replaced with “the Council of Ministers.”

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b) Section 6 shall be rescinded in its entirety.

33) CPA Order Number 90, Special Taskforce for Compensating Victims of the
Previous Regime

The following sentence shall be appended to the end of Section 1(2): “Should a
vacancy in the Chairmanship arise at any time, the Prime Minister shall
appoint a new Chairman after consultation with the Presidency Council.”

34) CPA Order Number 91, Regulation of Armed Forces and Militias in Iraq

a) Section 3(1)(e) shall be rescinded in its entirety and replaced with the
following: “A Private Security Company and officers and employees of a
Private Security Company, provided the Private Security Company meets
all of the licensing and regulation requirements of Iraqi law, including the
Memorandum regulating Private Security Companies.”

b) In Section 4(5)(h), the reference to “the CPA or government of Iraq
following transfer of full Governance authority” shall be rescinded and
replaced with the following: “the Transition and Reintegration
Implementation Committee.”

35) CPA Order Number 95, Financial Management Law and Public Debt Law

The phrase “the body vested with national legislative authority,” which appears
at Annex A, Sections 1, 4(2), 6(8), 7(1), 7(3), 7(4), 7(5), 9(6), 9(8), 10(7),
11(5), 11(6), 11(8) and 15(7) of the Financial Management Law of 2004, shall
mean the Interim National Council of the Iraqi Interim Government; the
elected National Assembly of the Iraqi Transitional Government; and the
elected assembly in whatever form of the Iraqi Government to be elected under
a permanent constitution.”

Section 4
Rescission of CPA Orders

The following CPA orders are hereby, or have been, rescinded in their entirety and
shall have no force and effect whatsoever after the transfer of full governing authority
to the Iraqi Interim Government on 30 June 2004:

1) CPA Order Number 4, Management of Property and Assets of the Ba`ath Party

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2) CPA Order Number 5, Establishment of the Iraqi De-Ba’athification Council
3) CPA Order Number 6, Eviction of Persons Illegally Occupying Public Buildings
4) CPA Order Number 11, Licensing Telecommunications Service and Equipment
5) CPA Order Number 12, Trade Liberalization Policy
6) CPA Order Number 21, Interim Exercise of Baghdad Mayoral Authority
7) CPA Order Number 42, Creation of Defense Support Agency
8) CPA Order Number 47, Amendment of CPA Order 38 on Reconstruction Levy
9) CPA Order Number 61, Amendment to CPA Order Number 45
10) CPA Order Number 62, Disqualification from Public Service

Section 5
Revisions of CPA Regulations


Notwithstanding the General Rules set forth in Section 2 of this Order, the following
specific provisions of CPA Regulations shall be amended, rescinded, or otherwise
changed as follows:

1) CPA Regulation Number 1, Coalition Provisional Authority
A new Section 7 entitled “Dissolution” shall provide as follows: “Upon
dissolution of the CPA, this Regulation shall have no force and effect.”
2) CPA Regulation Number 5 (Amended), Council for International Coordination
This Regulation shall be rescinded in its entirety.
3) CPA Regulation Number 6, Governing Council of Iraq
This Regulation shall be rescinded in its entirety.
4) CPA Regulation Number 7, International Donor Assistance
a) Section 1(3) shall be rescinded in its entirety and replaced with the
following: “Membership. The Board shall consist of the following

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individuals: two appointed by the Governing Council; the Minister of
Planning and Development Cooperation; the Minister of Finance; and one
or two individuals appointed by the Prime Minister upon recommendation
of the Minister of Planning and Development Cooperation in his capacity
as Chairman of the Board.”

b) The following sentence shall be added to the end of Section 1(3): “The
occupants of the first two positions listed above as of 30 June 2004 will
continue for a period of two years. The Minister of Planning and
Development Cooperation will recommend a replacement or reappointment
to the Prime Minister after the elapse of one year or in the event that the
position(s) become vacant.”

c) The following shall be appended to the end of Section 2(1): “The Council
for International Coordination (“Council”) will continue to be the in-
country coordinating body for international assistance in the relief, recovery
and development of Iraq. The Council will encourage the international
community to provide funds and other forms of assistance to Iraq and will
assist in coordinating international assistance provided by contributing
States, non-governmental organizations, and international organizations.”

d) Section 6 shall be rescinded in its entirety and replaced with the following:
“The Federal Government alone has the authority to carry out the functions
and responsibilities set forth in this Regulation.” Section 6 shall be retitled
as follows: “Exclusive Authority of the Federal Government.”

Section 6
Revisions of CPA Memoranda Provisions


Notwithstanding the General Rules set forth in Section 2 of this Order, the following
specific provisions of CPA Memoranda shall be amended, rescinded, or otherwise
changed as follows:

1) CPA Memorandum Number 1, Implementation of De-Ba’athification Order No. 1

This Memorandum shall be rescinded in its entirety.

2) CPA Memorandum Number 2, Management of Detention and Prison Facilities

a) Section 2(3) shall be rescinded in its entirety and replaced with the
following: “To ensure these standards are met, the Minister of Justice shall
remain in full control of the Iraqi prison system and shall report

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periodically to the Prime Minister regarding the status of the Iraqi prison
system and any changes in Iraqi law that may be necessary to comply with
this Memorandum and the Federal Government’s obligations under
international law and the TAL.”

b) Section 2(4) shall be rescinded in its entirety.

3) CPA Memorandum Number 3, Criminal Procedure

In Section 2, references to “the Coalition or any of its member States” and “a
Coalition member State” shall be rescinded and replaced with the following:
“the Multinational Force operating in Iraq pursuant to United Nations Security
Council Resolutions 1511 and 1546 and all States contributing forces to that
Multinational Force.”

4) CPA Memorandum Number 4, Contract and Grant Procedures with Appendices

a) All references to the Program Review Board shall apply to its successor
board in the Iraqi Government.

b) In Section 1, all but the first sentence shall be deleted.

c) All references to the term “Iraqi Funds” shall be replaced by “Public
Funds.”

d) Section 2(5) shall be rescinded in its entirety and replaced with the
following: “Others delegated such authority by the Prime Minister.”

e) Section 3(8) shall be rescinded in its entirety and replaced with the
following: “‘Public Funds’: Funds owned and controlled by the Federal
Government.”

f) Section 4(1) and 4(2) shall be rescinded in entirety and replaced with the
following: “The Ministry of Finance shall determine which officials are
authorized to appoint Contracting Officers who may enter into Contracts or
Grants within their directorates, commands, or organizations.”

g) In Section 4(3), the phrase “the officials listed in paragraph 2 above” shall
be rescinded and replaced with the following: “officials.”

h) Section 6(1) shall be rescinded in its entirety and replaced with the
following: “Identification of Parties. Contracts and Grants must

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prominently identify the parties.

i) In Section 10(1), the following phrase shall be deleted: “The CPA Office
of Management and Budget will allocate funds to the Iraqi Ministry of
Finance for further distribution to the Iraqi Ministries, in accordance with
the national Budget.”

j)
In Section 12, the final sentence shall be deleted.

k) In Appendix B(12) “United States currency” shall be replaced with “Iraqi
currency.”

l) Appendix (B)(16) shall be rescinded in its entirety and replaced with the
following: “Disputes. Failure of the parties to this contract to reach
agreement on any request for equitable adjustment, claim, appeal, or action
arising under or relating to this contract shall be a dispute to be resolved in
accordance with the laws of Iraq. The contractor shall proceed diligently
with performance of this contract, pending final resolution of any dispute
arising under the contract.”

m) Appendix B(35), Appendix B(36), and Appendix B(40) shall be rescinded
their entirety.

n) Appendix D shall be rescinded in its entirety.

5) CPA Memorandum Number 5, Implementation of Weapons Control Order
Number 3 with Annex.

a) All references to “foreign liaison mission[s]” shall be replaced with
“diplomatic or consular missions.”

b) In Section 1(iii), the reference “authorized by the CPA” shall be rescinded
and replaced with the following: “authorized by the Iraqi government
and/or the Multinational Force operating in Iraq pursuant to United Nations
Security Council Resolutions 1511 and 1546.”

c) In Section 4, the two references to “the CPA office advising the” shall be
rescinded.

d)
In Annex A, the text and the chart preceding, but not including, the phrase
“United Nations Specialized and Related Agencies are” shall be rescinded.
The remainder of Annex A shall remain unchanged.

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This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).