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Order 91: Regulation of Armed Forces and Militias within Iraq

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COALITION PROVISIONAL AUTHORITY ORDER NUMBER 91

REGULATION OF ARMED FORCES AND MILITIAS WITHIN IRAQ

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 the former oppressive regime of Saddam Hussein has been removed,

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

Further noting that Article 27(B) of the Law of Administration for the State of Iraq for
the Transitional Period provides that “Armed forces and militias not under the command
structure of the Iraqi Transitional Government are prohibited, except as provided by
federal law,”

Acknowledging that those who fought against the Ba’athist regime in resistance forces
should receive recognition and benefits as military veterans for their service to their
people,

Intending to give such individuals the chance to further themselves, support their
families, and serve their peoples by pursuing civilian lives and jobs,

Considering that the Iraqi Armed Forces and other Iraqi security forces are in need of
trained and experienced professionals,

Desiring to establish a mechanism that will ensure armed forces and militias come into
compliance with the Law of Administration for the State of Iraq for the Transitional
Period,

I hereby promulgate the following:

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Section 1
Definitions

1) “Administrator” means the Administrator of the Coalition Provisional Authority
and, following transfer of full governance authority to the Iraqi Interim
Government, the civilian head of the Iraqi government exercising national
command authority, or his or her designee, unless otherwise designated.

2) “Armed Force” means an organized group of individuals bearing firearms or
weapons. The term “Armed Force” includes government forces and Militias.

3) “Militia” means a military or paramilitary force that is not part of the Iraqi Armed
Forces or other Iraqi security forces established pursuant to CPA Orders,
Regulations and Memoranda, or pursuant to Iraqi federal law and the Law of
Administration for the State of Iraq for the Transitional Period.

4) “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. Private Security Companies are subject
to, and must comply with all applicable criminal, administrative, commercial and
civil laws and regulations unless exempted by CPA Order Number 17, “Status of
Coalition, Foreign Liaison Missions, their Personnel and Contractors.”

5) “Illegal Armed Force or Militia” means an Armed Force or Militia existing in
violation of the prohibition contained in Section 2 of this Order.

6) “Residual Element” means the parts of a former Armed Force or Militia under an
approved Transition and Reintegration Plan that are still extant and drawing down
during the period of transition and reintegration and that are regulated by the
relevant governmental authorities in accordance with this Order and the Transition
and Reintegration Plan for that Armed Force or Militia.

7) “Qualified Member” means a member of a Residual Element who:

a) is specifically identified by an Armed Force or Militia, at the time the Armed
Force or Militia’s command becomes subject to a Transition and Reintegration
Plan, as having been a member of the Armed Force or Militia on or before May
1, 2003;

b) has not engaged in terrorist activities or violated the laws of war or Iraq’s
recognized principles of human rights;

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c) has not been convicted of a felony offense under the criminal laws of Iraq after
May 1, 2003;

d) is not acting as an agent of a foreign government; and

e) continues at all times to meet the criteria for qualification set forth herein.

8) “Transition and Reintegration Plan” means a documented and recorded plan that
sets forth milestones and processes for the complete transition and reintegration of
a Residual Element of an Armed Force or Militia.

Section 2
Prohibitions

Armed Forces and Militias, and membership therein, are prohibited within Iraq,
except as provided for herein.

Section 3
Exceptions

1) The prohibition contained in Section 2 shall not apply to:

a) Armed Forces and members thereof under the control of the CPA (or, following
transfer of full governance authority, the Iraqi Interim Government and any
future Government of Iraq) including, but not limited to, all security forces
under the control of the Ministry of Interior and the Iraqi Armed Forces under
the control of the Ministry of Defence;

b) Armed Forces specifically permitted under the Law of Administration for the
State of Iraq for the Transitional Period;

c) Armed Forces and members thereof under the operational control of the
Commander of the Multinational Force operating in Iraq pursuant to United
Nations Security Council Resolution 1511, and any relevant subsequent
resolutions;

d) A Residual Element currently and continuously meeting the criteria set forth in
Section 4.5, to include members thereof. Those Residual Elements currently
meeting the criteria for an exception under this Section 3.1(d) are listed in
Annexes A, Armed Forces, and B, Militias; and

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e) A Private Security Company or the officers and employees of such Private
Security Company, provided the Private Security Company meets all of the
following criteria:

i.
the Private Security Company is properly licensed and regulated by the
Ministry of Interior and Ministry of Trade;
ii.
all firearms and weapons used by the Private Security Company are licensed
in accordance with applicable CPA Orders, Regulations, and Memoranda,
and Iraqi laws and regulations; and
iii.
all company officers, armed members, and supervisors exercising control of
armed members of the Private Security Company have undergone
background checks conducted by the Ministry of Interior and possess the
requisite weapons authorizations issued by the Ministry of Interior.
f) Those contractors covered by CPA Order Number 17.

Section 4
Transition and Reintegration of Residual Elements of
Armed Forces and Militias


1) Only Armed Forces and Militias that are identified by the Administrator or after
the transfer of full governance authority the Transition and Reintegration
Implementation Committee as participating in the political process leading to a
peaceful, prosperous, and progressive Iraq will be considered eligible for Residual
Element status and for transition and reintegration in accordance with this Order.

2) In order to attain the status of a Residual Element, a Transition and Reintegration
Plan must be accepted by the commander, head or leader of an Armed Force or
Militia, and the Administrator or after the transfer of full governance authority the
Transition and Reintegration Implementation Committee. The plan must include:

a) a complete list of Qualified Members, including all members of the Residual
Element, and such list must be provided to the Iraqi Veterans Agency;

b) the processes by which all of its Qualified Members will be transitioned or
reintegrated; and

c) clearly defined milestones for completion of the transition and reintegration of
the Residual Element.

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3) Only the Administrator or after the transfer of full governance authority the
Transition and Reintegration Implementation Committee may decide to confer
Residual Element status to an Armed Force or Militia. Upon approval of the
Transition and Reintegration Plan, the Armed Force or Militia shall become a
Residual Element.

4) Once a Transition and Reintegration Plan has been approved by the Administrator
or after the transfer of full governance authority the Transition and Reintegration
Implementation Committee, processes and milestones may be revised only with
the consent of the Transition and Reintegration Implementation Committee.

5) Residual Elements of an Armed Force or Militia qualify for the exception in
Section 3.1(d) once there is an approved Transition and Reintegration Plan.
Continued qualification for the exception in Section 3.1(d) is dependent upon
meeting all of the terms of the applicable Transition and Reintegration Plan, and
complying with the following conditions:

a) All Qualified Members of the former Armed Force or Militia registered with
the Iraqi Veterans Agency as members of the Residual Element. The Iraqi
Veterans Agency shall provide this information to the Ministry of Interior
immediately upon registering a new Residual Element.

b) The Residual Element shall not recruit or otherwise add members, either to its
active forces or to its reserve or stand-by forces.

c) The Residual Element shall not conduct operations or activities of any type,
whether armed or unarmed, without express advance authorization from the
Ministry of Interior and the Commander of the Multinational Forces operating
in Iraq pursuant to United Nations Security Council Resolution 1511, and any
relevant subsequent resolutions.

d) The Residual Element shall not organize, support, or participate in criminal
activity, undertake any effort designed to destabilize any portion of Iraq,
promote violence, or otherwise threaten the safety and security of the Iraqi
people.

e) The Residual Element and all of its members must promptly register all
firearms and weapons with the Ministry of Interior in accordance with CPA
Order Number 3 (Revised/Amended), Weapons Control, dated December 31,
2003, and any other applicable Iraqi laws.

f) The Residual Element shall not manufacture, purchase, or otherwise acquire
additional firearms, weapons, or ammunition; nor shall the Residual Element’s

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members acquire firearms, weapons, or ammunition for use in Militia activities;
nor shall the Residual Element or its members import firearms, weapons, or
ammunition into Iraq from a foreign country, or hire others to do so on their
behalf.

g) The Residual Element and its members shall not endorse, finance, or campaign
for candidates for political office at any level.

h) The Residual Element shall be subject to and fully cooperate with such actions
as the CPA or government of Iraq following transfer of full governance
authority deems necessary to verify compliance with the accepted process and
ensure transparency and accountability of the Residual Element’s members,
functions and operations during the period of transition and reintegration.

6) During the period of transition, the Transition and Reintegration Implementation
Committee is responsible for determining if a Residual Element fails to comply
with any of the milestones, processes or conditions set out in the agreement
required by Section 4.5. A determination that a Residual Element has failed to
comply with its Transition and Reintegration Plan disqualifies the Residual
Element and all of its members from the exception in Section 3.1(d) and results in
re-designating the Residual Element as an Illegal Armed Force or Militia, pursuant
to Article 7 of this Order. However, if a Transition and Reintegration Plan is
rendered unachievable due to changes in the availability of positions for Residual
Element members in any component program, then the Transition and
Reintegration Implementation Committee may adjust the Transition and
Reintegration Plan, and the Residual Element will not be deemed to have failed to
comply with it. Such adjustments will be limited to changes in transition and
reintegration schedules, and in particular will not permit an increase in the number
of Qualified Members of a residual element.

7) Qualified Members of Residual Elements may be transitioned and reintegrated
into Iraqi society using the following processes:

a) Entry of individuals into the Iraqi Armed Forces or other Iraqi security forces.
In accordance with administrative instructions to be promulgated by the
Ministry of Defence or the Ministry of Interior, as the case may be, and subject
to the manning needs of the respective forces, individuals with the appropriate
training and experience may enter into the Iraqi Armed Forces or other Iraqi
security forces, to include security forces under ministries and agencies other
than the Ministry of Interior. In accordance with administrative instructions to
be promulgated by the employing ministry or agency, individuals whose service
in a former Armed Force or Militia can be characterized and quantified shall be
given credit for their time in service.

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b) Retirement. In accordance with administrative instructions to be promulgated
by the Ministry of Defence, individuals whose service in a former Armed Force
or Militia can be characterized and quantified, and who would qualify for
retirement had they served in the Iraqi Armed Forces shall be provided the
opportunity to retire with the same pension they would have received had they
served in the Iraqi Armed Forces.

c) Reintegration. In accordance with administrative instructions to be
promulgated by Iraqi Ministries, agencies and the Transition and Reintegration
Implementation Committee, individuals who do not qualify for retirement and
who do not enter into the Iraqi Armed Forces or other Iraqi security forces shall
be offered a reintegration program designed to help assimilate them into Iraqi
civil society and economy. Elements that may be included in a reintegration
program include skills screening, education benefits, job training and
placement, and a limited stipend program. All relevant CPA offices and
Ministries will cooperate in supporting established reintegration programs.

Such Qualified Members shall be deemed to be military veterans for purposes of
determining eligibility for benefits, preferences and programs, and time in service if
they transition into one of the Iraqi Security Forces.

8)
In accordance with administrative instructions to be promulgated by the Ministry
of Defence, widows and orphans of deceased members of Armed Forces and
Militias that are subject to a Transition and Reintegration Plan shall be entitled to
benefits based upon the service of the deceased member in accordance with any
applicable statutes, regulations and rules determining such benefits for which
current members of the Iraqi Armed Forces qualify; provided that the deceased
member must have died on or before May 1, 2003, and such deceased member’s
service can be characterized and quantified.

9)
In accordance with administrative instructions to be promulgated by the Ministry
of Defence, disabled members of Armed Forces and Militias that are subject to a
Transition and Reintegration Plan shall be entitled to benefits based upon their
service in accordance with any applicable statutes, regulations and rules
determining such benefits for which current members of the Iraqi Armed Forces
qualify; provided that the member was disabled on or before May 1, 2003, and the
member’s service can be characterized and quantified.

10) Any individual receiving benefits or status under this Order shall forfeit the right
to such benefits or status should they thereafter participate in an Illegal Armed
Force or Militia.

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11) In view of the recognition given to Qualified Members in deeming them to have
been former soldiers, and consistent with Article 28(B) of the Law of
Administration for the State of Iraq for the Transitional Period, in no event may a
member of a Residual Element be a member of the National Assembly, Minister,
Prime Minister, or member of the Presidency Council unless the individual has
resigned his or her commission or rank, or retired from duty in the Residual
Element, at least eighteen months prior to serving. Nothing herein shall affect
limitations on political activity that will be applicable to Qualified Members who
choose to join the Iraqi Armed Forces.

12) Residual Elements and their members shall enjoy no special privileges or
immunities and shall be subject to all applicable Iraqi civil, administrative, and
criminal laws.

13) Nothing in this Order shall be interpreted as exonerating individuals belonging to
Armed Forces, Militias, or Residual Elements from responsibility for criminal acts
or war crimes conducted individually or as part of such Armed Forces, Militias, or
Residual Elements.

Section 5
Transition and Reintegration Implementation Committee

1) The Transition and Reintegration Implementation Committee (“Committee”) is
hereby established to exercise oversight of the transition and reintegration process
and to take such disciplinary or other action as may be necessary upon a
determination that a Residual Element of an Armed Force or Militia no longer
qualifies for an exception. The Committee shall be chaired by the Minister of
Interior and shall report to the Ministerial Committee for National Security.

a) In addition to the Minister of Interior, the Committee shall include permanent
representatives from the Ministry of Defence, Ministry of Justice, Ministry of
Foreign Affairs, Ministry of Finance, Ministry of Labor and Social Affairs,
Ministry of Education, Iraqi Veterans Agency (separate from the representative
from the Ministry of Defence), and such other ministries, agencies, and
governorates as the Ministerial Committee for National Security may
determine.

b) The Chair may invite representatives from other ministries, agencies, and
organizations, both governmental and non-governmental, to attend Committee
meetings or participate in Committee activities as needed.

c) The Commander or other representative of the Multinational Force operating in
Iraq pursuant to United Nations Security Council Resolution 1511, and any

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relevant subsequent resolutions, may be invited to attend and participate in
Committee meetings.

2) The functions of the Committee are to:

a) Oversee the status of the various transition and reintegration programs;

b) Revise individual Transition and Reintegration Plans when programs to absorb
Residual Element members are not available as planned or for other reasons as
agreed to by the Committee and the Residual Element of the Armed Force or
Militia involved;

c) Coordinate Iraqi government transition and reintegration policy and
implementation with various governmental and non-governmental agencies and
Ministries;

d) Regularly inform the Ministerial Committee for National Security, and through
it the Administrator or after the transfer of full governance authority the Prime
Minister, of the status of transition and reintegration related programs and any
issues that affect Iraqi security arising from these programs;

e) Coordinate with the CPA, and subsequently consult with coalition diplomatic
missions which are directly supporting Transition and Reintegration Plans, on
programs and policy related to transition and reintegration;

f) Coordinate with the Commander of the Multinational Force on Iraqi policy,
decisions, and determinations that have security implications; and

g) Perform other functions related to transition and reintegration as determined by
the National Security Advisor.

3) The Committee will meet regularly with the leaders of the various Residual
Elements, and the political parties that support them, as well as relevant
governmental and non-governmental agencies and Ministries to coordinate
transition and reintegration efforts and share information.

Section 6
Disciplinary Measures and Penalties

1) An Armed Force or Militia that does not qualify for an exception as set forth in
Section 3, or a Residual Element that having previously qualified for an exception
under Section 3.1(d) has ceased to so qualify by virtue of failing to continue to
meet the criteria for such exception, shall be considered an Illegal Armed Force or

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Militia. All weapons and other property, whether movable or immovable, held by
an Illegal Armed Force or Militia, shall be subject to immediate confiscation
through such measures as may be determined by the Transition and Reintegration
Implementation Committee in coordination with the Ministry of Interior and the
Commander of the Multinational Force. An Illegal Armed Force or Militia shall be
subject to any actions as the Administrator or following the transfer of full
governance authority the Transition and Reintegration Implementation Committee
decides is necessary for the safety and security of the Iraqi people.

2) All members of an Illegal Armed Force or Militia shall be subject to criminal
prosecution in accordance with the laws of Iraq. The Transition and Reintegration
Implementation Committee shall notify the Ministries of Justice, Interior and
Defense immediately upon a determination that a Residual Element has become an
Illegal Armed Force or Militia. Paragraph 135 of the Iraqi Penal Code, Law No.
111 of 1969, as amended, is hereby modified to add the following aggravating
circumstance:

“(5) The commission of an offense while acting as a member of an Illegal Armed
Force or Militia or while a member of a Residual Element.”

3) A person who fills a leadership position or otherwise participates in an Illegal
Armed Force or Militia in violation of the prohibition contained in Section 2, or
who is a principal, accessory, or conspirator in such violation, shall be subject to
judicial action in accordance with the Iraqi Penal Code, Law No. 111 of 1969, as
amended, to include possible prosecution under paragraphs 194 and 195 of the
Penal Code, and to such other civil and administrative actions as may be provided
for in CPA, Orders, Regulations and Memoranda, and in Iraqi laws and
regulations.

4) A member of an Illegal Armed Force or Militia may not hold political office at
any level. An individual determined to have been a member of an Illegal Armed
Force or Militia shall be barred from holding political office at any level for a
period of three years from the date such individual ceased to be a member of an
Illegal Armed Force or Militia.

5) The penalties specified herein, to include the amendment to the Penal Code, shall
apply only to Illegal Armed Forces and Militias and to those who commit criminal
offenses after the date this Order is published in the Official Gazette.

6) Any political party, and the leaders of any political party, that controls, supports or
is associated with an Illegal Armed Force or Militia shall be subject to penalties in
accordance with Iraqi electoral law.

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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).