Order 69: Delegation of Authority Regarding Establishment of the Iraqi National Intelligence Service

by L. Paul Bremer, Coalition Provisional Authority

COALITION PROVISIONAL AUTHORITY ORDER NUMBER 69


DELEGATION OF AUTHORITY TO ESTABLISH THE
IRAQI NATIONAL INTELLIGENCE SERVICE


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 Resolutions 1483 and 1511 (2003),

Recalling that U.N. Security Council Resolution 1483 (2003) calls upon the CPA
to promote the welfare of the Iraqi people through the effective administration of
the territory, including in particular working towards the restoration of conditions
of security and stability,

Noting that CPA Order Number 2, Dissolution of Entities, May 23, 2003, as
amended, dissolved the Iraqi Intelligence Service,

Further noting the adoption of the Law of Administration for the State of Iraq for
the Transitional Period on March 8, 2004,

Acknowledging that timely and accurate information about terrorism, domestic
insurgency, espionage, narcotics production and trafficking, weapons of mass
destruction, serious organized crime and other issues related to the national
defense or threats to Iraqi democracy is essential to the security of Iraq,

Recognizing the need to establish a new national intelligence service to collect,
analyze, and disseminate accurate and timely information related to the national
defense and other threats to the security of Iraq,

I hereby promulgate the following:

Section 1
Delegation of Authority


1) The Governing Council is hereby authorized to establish a new Iraqi National
Intelligence Service (INIS) by promulgating a statute on or before April 3,
2004, adopting the Charter for the INIS, the substance of which has been
discussed between the Governing Council and the CPA and the proposed
provisions of which are set forth in Appendix A. The INIS will be a wholly
distinct and separate entity from any intelligence services that have previously
existed in Iraq, to include the Iraqi Intelligence Service that was dissolved by
CPA Order Number 2.

CPA/ORD/1 APRIL 2004/69


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2) All references in the Charter to actions, authorities, and responsibilities to be
exercised or performed by any organ of the Iraqi Government under the Law of
Administration for the State of Iraq for the Transitional Period shall be deemed
to refer to the Administrator of the CPA, pending transfer of full governance
authority to the Iraqi Interim Government.

3) Upon promulgation of a statute adopting the Charter, the Administrator of the
CPA, in consultation with the Governing Council, shall appoint an interim
Director General of the INIS. The interim Director General shall report
directly to the Administrator until such time as full governance authority is
transferred to the Iraqi Interim Government, after which time the Director
General shall report directly to the head of government.

a) Upon formation of the elected Iraqi Transitional Government, the Prime
Minister may choose either to retain the interim Director General or to
name a new one.

b) The Director General appointed or retained by the Prime Minister of the
Iraqi Transitional Government, and each of such Director General’s
successors, shall be appointed for a set term of five years in accordance
with the Charter.

Section 2
Terms and Conditions


The authority delegated under Section 1.1 of this Order shall be subject to the
following terms and conditions:

1) In the event of a conflict between any promulgation by the Governing Council
and any promulgation of the CPA, the promulgation of the CPA shall prevail.

2) The INIS shall work with the Ministry of Finance to develop its budget and,
notwithstanding any existing salary scales applicable to Iraqi government
employees, to establish a salary scale for INIS employees.

3) The INIS shall be considered a “Public Security Sector Organization” for
purposes of CPA Order Number 63. Unless otherwise specified in the Charter,
an INIS employee who meets the definition of “Eligible Employee,” as defined
in CPA Order Number 63, shall be entitled to death and disability benefits
equivalent to those afforded to members of the Iraqi Armed Forces in
accordance with Section 2.2 of that Order.

CPA/ORD/1 APRIL 2004/69

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CHARTER FOR THE
IRAQI NATIONAL INTELLIGENCE SERVICE


CHAPTER ONE --PREAMBLE

ARTICLE 1. This charter establishes the Iraqi National Intelligence Service (INIS
or the Service).

ARTICLE 2. All activities of the Iraqi National Intelligence Service will be
conducted in accordance with the Law of Administration for the State of Iraq for
the Transitional Period, signed March 8, 2004, and other laws of Iraq. At such
time as the permanent Constitution of Iraq is adopted, the activities of the Service
will be conducted in accordance with that constitution.

ARTICLE 3. Timely and accurate information about terrorism, domestic
insurgency, espionage, narcotics production and trafficking, weapons of mass
destruction, serious organized crime and other issues related to the national
defense or threats to Iraqi democracy is essential to the security of Iraq. All
reasonable and lawful means must be used to ensure that Iraq will receive the best
intelligence available. For that purpose, the INIS will collect, analyze and
disseminate this intelligence in a vigorous and responsible manner. The principles
set forth in this Charter are designed to achieve the proper balance between the
work of the INIS and protection of individual rights and liberties.

CHAPTER TWO --AUTHORITIES AND RESPONSIBILITIES

ARTICLE 4. The Iraqi National Intelligence Service has the authority to collect
intelligence and conduct related intelligence activities regarding:
—
Threats to the national security of Iraq.
—
Terrorism and insurgency.
—
Proliferation of weapons of mass destruction, narcotics production and
trafficking, and serious organized crime.


 — Espionage and other acts threatening to Iraqi democracy.
Intelligence collected under this article may be disseminated to appropriate
government entities both within and outside of Iraq. Any other dissemination of
intelligence will be strictly limited to what is essential to the national security of
Iraq. All intelligence activities will be strictly required to further national security,
and will be subject to the oversight provisions of this Charter.


ARTICLE 5. The INIS will take no action to further or undermine the interests of
any legal Iraqi political party or of any official within the Iraqi government.


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ARTICLE 6. The INIS will take no action to further or undermine the interests of
any Iraqi citizen or group based on race, religion, sect, gender, language, origin or
tribal affiliation.

ARTICLE 7. The Service will conduct its activities in accordance with the
fundamental freedoms and human rights contained in and protected by the Law of
Administration for the State of Iraq for the Transitional Period, and in the
permanent Constitution when adopted.

ARTICLE 8 The Service will provide objective, accurate and timely information
to relevant government entities and policy makers.

ARTICLE 9. The Service will protect the security of its activities, information,
members and property by appropriate means, including investigations of
applicants, employees and contractors as necessary.

ARTICLE 10. The Service may conduct administrative support activities needed
to perform its functions.

ARTICLE 11. The Service shall provide intelligence support and coordination to
Iraqi military forces in furtherance of national security.

CHAPTER THREE --RELATIONS WITH LAW ENFORCEMENT

ARTICLE 12. The INIS shall have no power to arrest or detain persons. The
Service may provide intelligence support and coordination to Iraqi law
enforcement authorities not precluded by other law.

ARTICLE. 13. When a member of the Service becomes aware of a possible
serious violation of Iraqi criminal law, it will be reported by the Service to the
appropriately authorized government authority. The report shall be made in a
manner consistent with the protection of classified information. The handling of
this information by a law enforcement authority will also be done in a manner,
approved by the Director General of the Service, which protects classified
information. Upon receipt of this report, the Governorate authority will refer the
matter, as appropriate, for prosecution in the court having jurisdiction over the
offense. Prior to the passage of legislation governing the protection of classified
information in any court, this information will be protected pursuant to procedures
adopted by the Higher Juridical Council and approved by the Director General of
the INIS.

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CHAPTER FOUR --DIRECTOR GENERAL OF THE INIS

ARTICLE 14. The head of government shall appoint the Director General of the
INIS, subject to confirmation by the body vested with national legislative
authority. This appointment shall be made on the basis of integrity, compliance
with the security standards of the Service, and demonstrated ability in government
administration and national security issues. The Director General will serve for a
period of five years.

ARTICLE 15. The Director General of the Service shall:
—
Act as the principal adviser to the head of government and the Council of
Ministers for intelligence matters related to the national security. This will include
serving in an advisory role on all ministerial level executive branch structures
relating to national security policy, intelligence policy, and other issues as might
be deemed relevant by the Government of Iraq.
—
Have responsibility for the collection, analysis, production and dissemination of
intelligence, which should be objective and independent of political, racial,
religious, gender, language or origin or tribal considerations, and is otherwise
subject to Articles 5, 6 and 7 above.
—
Coordinate all intelligence activities of the Iraqi Government institutions.
—
Ensure that no information is obtained by the Service except so far as necessary
for the proper discharge of its responsibilities as set out in Article 4 above, and
that no information is disclosed by it except for the purposes set out in Articles 4,
8, 11, and 12 above.
—
Protect intelligence sources and methods and other classified information from
disclosure without lawful authority.
—
Make an annual report on the work of the Service to the Council of Ministers
and may at any time report to the head of government on any matter relating to its
work.
—
Promulgate such rules and regulations, consistent with the Charter, as are
necessary to carry out the functions of the INIS. The application of such rules and
regulations to specific citizens is subject to judicial review by courts of competent
jurisdiction.

ARTICLE 16. The Director General will have:
—
Authority to appoint members to the Service.
—
Authority, notwithstanding the provision of any other law, in his discretion to
terminate the employment of any member of the Service whenever he deems it
necessary or advisable in the interest of national security. This authority may not
be exercised in violation of the Law of Administration for the State of Iraq for the
Transitional Period or the permanent Constitution, when adopted.

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—
Authority to enter into relationships and intelligence activities with intelligence
and security agencies of foreign governments in furtherance of the authorities
specified in Article 4 of this charter.

ARTICLE 17. To assist the Director General in carrying out the Director
General’s responsibilities under this charter, there shall be a Deputy Director
General of the INIS, who shall be appointed in the same manner and who shall act
for, and exercise the powers of, the Director General during his absence or
disability.

CHAPTER FIVE --PROTECTION FOR INIS INFORMATION

ARTICLE 18. In the interests of the national security of Iraq and in furtherance of
the Director General’s responsibility to protect classified information from
disclosure without lawful authority, the INIS will be exempt from any Iraqi laws
requiring public disclosure of the organization, functions, names, titles, salaries or
numbers of personnel employed by the Service. Service members (for purposes of
this charter, service members include employees and contractors) must protect
official secrets, and will sign a secrecy agreement as a condition of employment.
This secrecy agreement will include the requirement for pre-approval by the
Service of any writing or electronic dissemination outside officially sanctioned
channels that may contain classified information. This obligation does not cease
when the member is no longer employed by or under contract with the Service.

ARTICLE 19. A person who is or has been a member of the INIS, or who
otherwise has been given access to classified information, and who communicates
any such information to a person to whom he knows that the information ought not
to be communicated, shall be punished in accordance with the Iraqi penal code. In
addition, a member of INIS who commits such an offense will be subject to
appropriate disciplinary action by the Service, including dismissal from INIS.

CHAPTER SIX --INSPECTOR GENERAL

ARTICLE 20. The head of government shall appoint an Inspector General for the
INIS whose responsibility it is to conduct inspections of Service activities. The
appointment of the Inspector General shall be made without regard to political
affiliation (consistent with applicable de-Ba’athification policy) and on the basis
of integrity, capability for strong leadership, compliance with the security
standards of the Service, expertise in national security issues, and demonstrated
ability in accounting, auditing, financial analysis, law, management analysis,
public administration, investigation, criminal justice administration, or other
closely related fields. In addition, the Inspector General should possess

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demonstrated knowledge, skills, abilities and experience in conducting audits and
investigations.


ARTICLE 21. It is the responsibility of the Inspector General to:
--Establish an effective program of audit, investigation and performance review to
provide increased accountability, integrity and oversight of the INIS and to
prevent, deter and identify waste, fraud, abuse of authority and illegal acts.
--Conduct investigations, audits, evaluations, inspections and other reviews in
accordance with generally accepted professional standards.
--Report findings and recommend corrective actions directly to the Director
General, except in cases involving allegations of misconduct by the Director
General, in which case he shall report his findings and recommendations directly
to the head of government.
--Monitor the progress of any corrective actions ordered by the Director General.
--Protect classified information in any report or recommendation that he makes.
--Subject to the policies of the Director General, select other employees of the
Service to assist him in carrying out his functions.


ARTICLE 22. The Inspector General will have access to Service members and
records which relate to the activities being inspected. The Director General may
prohibit the Inspector General from initiating, carrying out or completing any
inspection or financial audit, except in cases involving allegations of misconduct
by the Director General, if the Director General believes it is necessary to protect
significant national security interests. The Director General must report this action
to the head of government within one week.


CHAPTER SEVEN --LEGISLATIVE OVERSIGHT

ARTICLE 23. During the transitional period (which shall be defined to mean the
period described in Article 2(A) of the Law of Administration for the State of Iraq
for the Transitional Period), legislative oversight of the INIS will be carried out by
a committee of the body vested with national legislative authority. Following the
adoption of a permanent constitution, this oversight will be carried out by one
committee of the body vested with national legislative authority.

ARTICLE 24. The Committee will consist of a suitable number of members
appointed by the body vested with national legislative authority from among its
members. Its function is to examine the expenditures, administration and policy of
the Service. The Committee may request information regarding specific activities
of the INIS. To the maximum extent practicable, and consistent with national
security interests, the Director General of the INIS, with the approval of the head
of government, shall provide information to the Committee on such activities.

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ARTICLE 25. The Committee shall make an annual report on the discharge of its
functions to the head of government and may at any time report to him on any
matter relating to the discharge of those functions. The head of government will
present to the body vested with national legislative authority a copy of each annual
report made by the Committee. If it appears to the head of government, after
consultation with the Committee, that the publication of any matter in a report
would be prejudicial to the continued discharge of the functions of the Service, the
head of government may exclude that matter from the copy of the report presented
to the body vested with national legislative authority. The report will contain a
statement as to whether any matter has been excluded from the report.

ARTICLE 26. The Committee will establish written procedures to protect all
classified information that is furnished to the Committee from disclosure without
lawful authority. These procedures shall be approved by the Director General of
the INIS. No staff officer of the Committee may be given access to any classified
information unless the officer has (1) agreed in writing and under oath to be bound
by the security rules of the Committee both during and after his employment with
the Committee, and (2) received a security clearance as determined by the
Committee and approved by the Director General of the Service.

CHAPTER EIGHT --COLLECTION OF INFORMATION

ARTICLE 27. The Service is authorized to collect, retain and disseminate to other
government entities and for other lawful governmental purposes information
concerning citizens of Iraq only in accordance with written regulations established
by the Director General and approved by the Minister of Justice. These
procedures shall permit collection, retention and dissemination of the following
types of information:
--Information that is publicly available or collected with the consent of the person
concerned.
--Information for the purposes of a lawful counter-terrorist, counterinsurgency,
counter-proliferation, counter-narcotics, counterintelligence or other activity to
protect against threats to Iraqi democracy.
--Information needed to protect intelligence sources and methods from disclosure
without lawful authority.
--Information concerning persons who are reasonably believed to be potential
sources or contacts of the Service for the purpose of determining their suitability
or credibility.
--Information arising out of a lawful personnel, physical or communications
security investigation.
--Information obtained that may indicate involvement in activities that may violate
Iraqi or foreign laws.
--Information necessary for administrative purposes.

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ARTICLE 28. Entry on or interference with property or interception of
communications by the Service will be done only in accordance with minimization
standards that are designed to minimize the unintentional acquisition, retention
and dissemination of information about citizens of Iraq that is not of value in its
work on national security, including serious organized crime issues. The INIS will
use these techniques upon approval of the Director General or Acting Director
General. In addition, for Service activities, the advance authorization of a judge,
who is approved by the Higher Juridical Council, will be obtained in the form of a
warrant to conduct the technique. This warrant will be valid for a period of no
longer than ninety days, at which time it may be renewed by the judge, if
sufficient cause continues to exist. If the action authorized is no longer necessary
before the end of the period authorized by the warrant, the Service will end the use
of the technique immediately. A warrant will be issued only where the judge finds
that the warrant is likely to provide information relating to national security,
including serious organized crime, and where the information cannot reasonably
be obtained by other means.

CHAPTER NINE — ORGANIZATION AND ADMINISTRATION

ARTICLE 29. The Service will have the necessary number of offices within the
Governorates, in addition to its central office in Baghdad. The number and
structure of offices will be determined upon proposal by the Director General, and
approved by the head of government. All offices will follow the directives of the
Director General.

ARTICLE 30. The Director General will issue regulations for the administration
of the Service. These will include security, training, disciplinary proceedings and
other personnel matters, logistics, and other issues of importance within the
Service.

ARTICLE 31. The Service shall enjoy a juridical personality legally represented
by the Director General of the INIS, or the acting Director General, or other
Service member authorized by the Director General.

ARTICLE 32. The Service may contract with other persons and institutions to
perform tasks related to the authorized functions of the Service, in accordance
with appropriate security standards established by the Director General.

CHAPTER TEN --COORDINATION WITH GOVERNMENT ENTITIES

ARTICLE 33. Other ministries and government entities shall cooperate with and
assist the Service in performing its duties regarding national security, including
serious organized crime, unless otherwise prohibited by law.

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ARTICLE 34. The Service will disseminate, as appropriate, to other ministries
and government entities the results of its analysis. This will be done on a timely
basis and consistent with the protection of classified information. The service may
also provide expert assistance unless otherwise precluded by law.

CHAPTER ELEVEN --DUTIES AND RIGHTS OF SERVICE MEMBERS

ARTICLE 35. Laws and other regulations regarding employment, medical care,
pension, disability insurance and other issues involving civil servants shall apply
to the INIS unless otherwise regulated by this charter.

ARTICLE 36. In addition to general conditions for employment that apply to civil
servants, the Director General of the Service may establish conditions for service
members regarding expertise, health, work assignments, and security requirements
that are consistent with the interests of the national security of Iraq. The terms and
conditions will be issued after consultation with the head of government.

ARTICLE 37. The Director General, or those to whom he has delegated this
responsibility, may issue a disciplinary order against a member who is found to
have violated service terms and conditions or orders. Disciplinary proceedings
will be conducted in accordance with written terms and conditions issued by the
Director General.

ARTICLE 38. The Director General will issue a code of conduct for Service
members.

ARTICLE 39. A Service member cannot be a member of the body vested with
national legislative authority or hold other political office, run for political office,
or publicly campaign on behalf of political candidates.

ARTICLE 40. A Service member who is disabled due to illness or injury received
in the line of duty and not due to misconduct will continue to receive his salary
during the period of disability or until otherwise eligible for retirement, whichever
occurs first.

ARTICLE 41. If a Service member is acting within the scope of his duties and
does not misuse his governmental position, the Service member will not be subject
to legal liability for the performance of his governmental actions. If brought
before a court for actions performed in the line of duty, the Service member will
be provided legal counsel by the Service, unless the member was acting outside
the scope of his duties or otherwise misused his governmental position. This
article applies during the member’s employment by the Service and continues
even after that employment has ended.

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ARTICLE 42. Pursuant to written regulations issued by the Director General, in
consultation with the Minister of Interior, and after appropriate training, the
Director General may authorize service members to carry a weapon in the
performance of their duties, and use reasonable force to protect the service
member or others against death or serious physical injury.

CHAPTER TWELVE --CHARTER APPROVAL

ARTICLE 43. This charter for the Iraqi National Intelligence Service will take
effect upon adoption by the Iraqi Governing Council in accordance with the
authority delegated to it by the Administrator of the Coalition Provisional
Authority.

ARTICLE 44. This Charter can be amended by the majority vote of the body
vested with national legislative authority.