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Order 4: Management of Property and Assets of the Iraqi Baath Party

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COALITION PROVISIONAL AUTHORITY ORDER No 4


MANAGEMENT OF PROPERTY AND ASSETS OF THE IRAQI BAATH
PARTY


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

Acting in accordance with the Administrator’s Order Number 1 of May, 16 2003 on the
De-Ba`athification of Iraqi Society (CPA/ORD 16 May 2003/01),

Furthering CPA Order Number 2 on the Dissolution of Entities, (CPA/ORD/ 23 May
2003/02),

Recognizing that the assets and property of the Iraqi Ba`ath Party constitute State assets,
the Iraqi government having been a one party State under the rule of the Ba`athists from
the years 1968 to 2003,

Acting on behalf, and for the benefit, of the Iraqi people,

I hereby promulgate the following:

Section 1
Definition


“property and assets” includes all movable and immovable property, records and
data, cash, funds, realizable assets and liquid capital, in whatever form maintained
and wherever located, used, possessed, or controlled by the Ba`ath Party, its officials
and members, and all members, and all residences occupied by officials or members
assigned to them by the Party, a member of the Ba`ath Party or other State
instrumentality and that were not purchased for full value by those officials or
members.

Section 2
Register of Property and Assets


1) All persons shall, on request by the CPA, provide all information within their
possession, control or knowledge concerning property and assets of the Iraqi
Ba`ath Party, for the compilation of a Register of all such property and assets.

CPA/ORD/25 May 2003/04


2) The Register will be maintained by the CPA.

Section 3
Securing of Property and Assets

1) All property and assets of the Iraqi Ba`ath Party wherever existing and in
whatever form, including property and assets that have been transferred or
acquired by successor parties or institutions, are subject to seizure by the CPA on
behalf, and for the benefit of the people of Iraq.

2) All financial obligations of the Iraqi Ba`ath Party are suspended. The
Administrator of the CPA will establish procedures whereby persons claming to
be the beneficiaries of such obligations may apply for payment.

3) Persons in possession or control of property and assets of the Iraqi Ba`ath Party
shall preserve those assets, promptly inform local coalition authorities, and
immediately turn them over, as directed by those authorities. Continued
possession, transfer, sale, use, conversion, or concealment of such assets
following the date of this Order is prohibited and maybe punished.

4) The CPA will hold in trust and for the use and benefit of the people of Iraq all the
said property and assets of the Ba`ath Party that have seized in accordance with
this Order.

5) Any expenditure or use of the seized property and assets by the CPA will be
recorded and open to audit by outside auditors.

Section 4
Right of Appeal

1) A Confiscation Appeal Tribunal will establish to make determinations on disputes
arising in relation to seizure action taken pursuant to this Order.

2) Any person adversely affected by actions taken pursuant to this order may appeal
to the Confiscation Appeal Tribunal. The only grounds on which such as appeal
may be based will be that the property or assets were purchased by the person for
full value or that the property is not Ba`ath Party property or assets.

CPA/ORD/ 25 May 2003/04

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).