Reg 7: International Donor Assistance

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Reg 7: International Donor Assistance  (2003) 
by L. Paul Bremer
Deficient OCR, possibly incomplete. Original PDF available at Commons:Category:Coalition Provisional Authority documents.

COALITION PROVISIONAL AUTHORITY
REGULATION NUMBER 7


INTERNATIONAL DONOR ASSISTANCE


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 Resolutions 1483 and 1511 (2003),

Furthering paragraph 1 of Resolution 1483, appealing to Member States of the United
Nations and concerned organizations to assist the people of Iraq in their efforts to reform
their institutions and rebuild their country, and to contribute to conditions of stability and
security in Iraq,

Furthering paragraph 2 of Resolution 1483, calling upon Member States in a position to
do so to respond immediately to humanitarian appeals of the United Nations and other
international organizations for Iraq and to help meet the humanitarian and other needs of
the Iraqi people by providing food, medical supplies, and resources necessary for
reconstruction and rehabilitation of Iraq’s economic infrastructure,

Furthering paragraph 15 of Resolution 1483, which calls upon the international financial
institutions to assist the people of Iraq in the reconstruction and development of their
economy and to facilitate assistance by the broader donor community,

Noting the statement of September 20, 2003, in Dubai, by the Ministers of Finance and
Central Bank Governors of the Group of Seven Industrialized Nations, in which the
participants affirmed their support for a multilateral effort to help rebuild and develop
Iraq and for the International Monetary Fund (IMF) and the World Bank to provide
financial and other assistance to Iraq rapidly, subject to their policies,

Observing that the IMF and the World Bank already have provided significant technical
assistance to Iraq, but that having these international financial institutions (IFIs) work
closely with the Governing Council and Iraqi ministers now on arrangements necessary
to enable the early commencement of IFI lending would further help the people of Iraq in
the reconstruction and development of their country,

Recognizing that the Governing Council and its ministers, as provided in paragraph 4 of
Resolution 1511, are the principal bodies of the Iraqi interim administration, which,
without prejudice to its further evolution, embodies the sovereignty of the State of Iraq
during the period of transition,

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Recalling paragraph 20 of Resolution 1511, which urges the international financial
institutions to take immediate steps to provide their full range of loans and other
assistance to Iraq, working with the Governing Council and its ministers,

Noting the Conclusions by the Chair of the International Donors’ Conference on
Reconstruction in Iraq, held in Madrid October 23-24, 2003, which stated that the
conference looks forward to the early creation of an Iraqi-led coordination mechanism to
ensure that Iraqi priorities and needs guide the national development process and to
prevent the emergence of gaps and duplication, and called upon all donors to work with
this mechanism,

I hereby promulgate the following:

Section 1
Iraqi Strategic Review Board


1) Establishment. The Iraqi Strategic Review Board (the “Board”) is hereby
established as the Iraqi organization, operating under the authority of the
Governing Council or its successor, that will work on behalf of the Iraqi people to
forge a strong partnership among the interim Iraqi administration and contributing
governments, international organizations and other entities that provide grants,
loans, guarantees, or other financial or technical assistance in support of Iraq’s
relief, recovery and development efforts.

2) Functions.

a) The Board shall provide overall policy guidance with respect to multilateral and
bilateral financial and economic development assistance for Iraq, setting and
prioritizing needs in a transparent manner that does not unfairly discriminate
among the Iraq’s geographic regions and cultural and religious groups.

b) In addition, the Board shall take action on recommendations from the Ministry
of Planning and Development Cooperation regarding the allocation of
international financial and other assistance against Iraq’s needs. In exercising
this authority, the Board shall, within ten working days following the relevant
Ministry’s submission of a recommendation, either approve or disapprove the
recommendation, or return it to the Ministry for reconsideration.

c) The Board shall work closely with the Ministry of Planning and Development
Cooperation and the Ministry of Finance to ensure that international assistance
for Iraq is actively fostered, properly allocated against Iraq’s prioritized needs,
effectively utilized and monitored, and integrated into the Iraqi national budget.

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3) Membership. The Board shall consist of five individuals: two appointed by the
Governing Council; the Minister of Planning and Development Cooperation, the
Minister of Finance, and a representative of the CPA.

4) Chairmanships.

a) The Board shall designate from amongst its membership a Chairman and a Vice
Chairman.

b) The Chairman (or, in his or her absence, the Vice Chairman) shall participate in
the International Reconstruction Fund Facility in such capacity as many be
agreed with the IRFF Donor Committee.

5) Board Meetings.

a) Meetings of the Board shall be chaired by the Chairman, and, in his or her
absence, by the Vice Chairman or a mutually agreed designee.


b) A quorum of four members is required in order for the Board to meet and make
decisions. As necessary, the Chairman may permit participation pursuant to a
written proxy.

c) Decisions of the Board shall be made by consensus whenever possible and
otherwise by majority vote of the Board. Each member shall have one vote. In
the event of a tie, the chair for the meeting shall cast the deciding vote.

d) The Board may invite any persons to its meetings as may be necessary for the
transaction of its business.

Section 2
Ministry of Planning and Development Cooperation

1) Renaming. The Iraq Ministry of Planning is hereby renamed the Ministry of
Planning and Development Cooperation. All references in previous orders,
regulations, and memoranda or Iraqi laws and regulations to the Ministry of
Planning shall be deemed to refer to the Ministry of Planning and Development
Cooperation.

2) Support. The CPA shall provide personnel support to the Ministry of Planning
and Development Cooperation, in consultation with the Minister, in order to
reinforce and develop local Iraqi capacity at all levels. In addition, the CPA and
the Minister shall seek technical assistance for the Ministry from appropriate
international sources.

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3) Functions. The Ministry of Planning and Development Cooperation shall,
consistent with the responsibilities of other Ministries specifically set forth in this
Regulation and under the overall guidance of the Board:

a.
Take such actions as it deems necessary to promote international assistance
to Iraq, including liaising with existing and potential donors and following
up on pledges of assistance;
b. Develop transparent procedures for allocating international assistance to
geographic and/or functional sectors in Iraq; make recommendations, with
the concurrence of the Ministry of Finance, to the Board regarding specific
programs and/or the allocation of international assistance among these
sectors; and authorize the disbursement of assistance for specific programs,
projects and activities, within sector allocations approved by the Board;
c.
With the concurrence of the Ministry of Finance, ensure that the
recommendations presented to the Board reflect a single, comprehensive
and integrated plan for matching all available revenues, regardless of
source, against all known requirements in the manner that optimizes the use
of those resources to meet Iraq’s prioritized needs;
d. consistent with this Regulation, prescribe procedures for the Iraqi
Ministries’ performance of duties relating to international assistance to
Iraq;
e.
Serve, together with the Board, to represent the people of Iraq in connection
with trust funds administered by the United Nations and World Bank,
including reviewing and recommending for approval programs and projects
to be financed by the Facility and participating in the Facility’s Donor
Committee and Coordinating Committee as may be agreed;
f.
Work closely with the Ministry of Finance and the Central Bank of Iraq to
ensure that assistance from the international financial institutions is
allocated consistently with the national budget, and in a manner that
supports the integration of capital improvements and operating
requirements into a unified national budget as soon as practicable;
g. Work closely with the CPA’s Program Management Office to ensure that
pre-existing bilateral commitments and the U.S. Government’s
apportionment and obligation of funds that the U.S. Congress appropriates
for Iraq relief and reconstruction are taken into account in their
recommendations to the Board;
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h. Monitor the implementation of international financial assistance to Iraq to
ensure that resources are applied against Iraq’s prioritized needs and
equitably distributed among Iraq’s geographic regions and cultural and
religious groups;
i.
Participate in the Council for International Coordination (CIC) through the
assumption of the Chairmanship of the CIC by the Minister of Planning and
Development Cooperation, as decided unanimously by the CIC on
November 19, 2003.
Section 3
Roles and Responsibilities of the Iraqi Ministries

1) Iraqi Ministries shall submit program and plans for the expenditure of donor funds
to the Ministry of Planning and Development Cooperation for the approval of the
Board. In accordance with such approval, the Iraqi Ministries shall negotiate,
execute and implement grant and technical assistance agreements with
governments, non-governmental organizations, and other donors for projects and
activities related to the particular Ministry’s functional responsibilities.

2) Iraqi Ministers shall also ensure effective liaison and coordination, in their
responsibility, with regional and local officials. The Ministry of Planning and
Development Cooperation will work with Iraqi Ministries and regional and local
officials to facilitate and assist in this regard.

Section 4
Bilateral Assistance

1) Contracting Procedures.

a) In negotiating and executing bilateral arrangements for financial and
economic development assistance to Iraq, the Ministries may agree to terms
that authorize contributing governments to designate project(s) or programs
that will be funded by their assistance, and to direct all contracting
activities necessary to carry out such project(s) or programs, including the
selection of contractors and subcontractors. The Ministries shall encourage
contributing governments to adopt contracting procedures that ensure
competitive and open bidding and that are otherwise consistent with
internationally accepted contracting principles; and to complement their
bilateral assistance with assistance channeled through multi-donor trust
fund(s) and other multilateral mechanisms.

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b) To the extent that bilateral arrangements negotiated pursuant to this
Regulation provide for the application of contracting procedures or the
execution of contracting actions as specified by the contributing
government, the CPA shall regard such procedures or actions as having he
same legal force and effect as contracting procedures or actions adopted by
the CPA. In addition, the CPA shall accord contractors and subcontractors
selected by contributing governments pursuant to this subsection the same
privileges, protection and support provided to contractors and
subcontractors of Coalition partners.

2) Additional Provisions. In addition to the terms and conditions specified in
subsection 4(1) of this Regulation, bilateral arrangements for assistance to Iraq
may contain such other terms and conditions as the Board may determine
necessary and appropriate, including provisions that:

a) Grant contributing governments direct access to communicate with
Governing Council representatives or their successors and Iraqi Ministers
regarding projects funded with their contributions;

b) Offer office facilities at the Iraqi Business Center in Baghdad for
representative(s) of contributing governments;

c) Accord exporters of contributing governments access to the facilities of the
Trade Bank of Iraq; and

Section 5
International Financial Institution Assistance


1) Subject to the overall guidance and final approval of the Board:

a) The Ministry of Finance shall be responsible for developing, negotiating and
authorizing all IMF assistance to Iraq, as well as preparatory activities
related thereto;

b) The Ministry of Planning and Development Cooperation shall be
responsible for developing, negotiating and authorizing all World Bank and
other IFI assistance to Iraq, as well as preparatory activities related
thereto…

To ensure that grant, technical assistance, lending and other arrangements with the IFIs
are made within the broader context of Iraq’s economic infrastructure and social policies
and are effectively coordinated with the national budgeting process, the Ministry of
Finance, the Central Bank of Iraq, and the Ministry for Planning and Development

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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).