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Order 41: Notification of Criminal Offenses

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COALITION PROVISIONAL AUTHORITY ORDER NUMBER 41

NOTIFICATION OF CRIMINAL OFFENSES

Pursuant to my authority as Administrator of the Coalition Provisional Authority (CPA),
under the laws and usages of war, and consistent with relevant U.N. Security Council
resolutions, including Resolution 1483 (2003),

Noting the requirement under Iraqi law to notify public authorities of information
concerning an attempt to commit or the commission of certain offenses involving the use
of explosives or firearms and the destruction or damage of public assets and

infrastructure,

Recognizing the imperative that all persons in Iraq assist in and support the efforts of
Iraqi public authorities, Coalition authorities, and the international community to improve
the conditions and security of t~e people of Iraq,

Determined to act decisively to ensure public security and to prevent acts of sabotage and
terror,

I hereby promulgate the following:

Section 1
Interpretation of Law


1) For the purposes of Paragraphs 190, 193-197,216 (except with respect to Paragraphs
191 and 192) and 219 in the Penal Code Law No. (Ill) of 1969 as amended and
modified by CPA Order Number 7, Penal Code, CP NORD/9 June 2003/07 ("the
Code"), references to "government" and the "State" shall be interpreted to include the
Governing Council, the interim Iraqi Ministers, those persons specifically authorized
to draft the new Iraqi constitution, the CPA and Coalition Forces.

2) For purposes of clarity, the notification requirement set forth in Paragraph 219 shall
be applicable to, among other things, knowledge of offenses under Paragraph 197.
This would include, for example, knowledge of offenses, committed with the intent to
spread panic among the population or create anarchy, involving the destruction of or
serious damage to public property of significant national economic importance
(including an oil pipeline), public buildings (including a mosque), and government
property (including a vehicle of the Governing Council, Coalition Forces or the CPA).

CPNORD/19 September 2003/41


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Section 2
Additional Penalties


1) At the discretion of the Administrator, foreign nationals convicted of an offense under
Paragraph 219 of the Code may be deported consistent with applicable law.

2) Where individuals who are employees of organizations are convicted of an offense
under Paragraph 219 of the Code for acts committed in the course of their
employment duties, and the supervisors, management or executive officers of the
organization aided, abetted, encouraged or acquiesced in the offense, then the
organization shall be liable for a fine of up to US$5 million.

Section 3
Preservation of Discretion


Nothing in this Order shall in any way limit the right of the CPA and Coalition Forces
to take direct action in accordance with intemationallaw, including Article 53 of the
Hague Regulations of 1907.

Section 4
Entry into Force


er shall enter into force on the date of signature.

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L. Paul Bremer, Administrator
Coalition Provisional Authority
CPA/ORD/19 September 2003/41

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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).