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Withdrawal of US troops from Iraq
 

Agreement between the Republic of Iraq and USA as regards the US troop's withdrawal from Iraq and organizing their activities during their temporary stay

Preface  

The Republic of Iraq and the United States of America (referred to hereinafter as the" parties"); as they acknowledge the importance of strengthening their joint security and contribution to international peace and stability, fight against terrorism in Iraq, and cooperation in the fields of security and defense, to deter aggression and threats directed against the sovereignty, security and territorial integrity of Iraq and its democratic federal constitutional system;

And as they affirm that such cooperation is built on total respect for the sovereignty of each other according to objectives and principles of the UN charter;

And with view to their respective desire to reach a mutual understanding that strengthens cooperation between them; without prejudice to Iraq sovereignty on his land, water, and air; and based on their being two independent equal sovereign countries, they have come to agree on the following:

Article 1

Scope and purpose

This accord shall identify the main terms and requirements that regulate the temporary presence of the US forces in Iraq, their respective activities in Iraq and their subsequent withdrawal there from.

Article 2
Definitions of terms

1.    "Installations and areas agreed upon", are the Iraqi facilities and areas owned by the government of Iraq and which are being utilized by the US troops during the validity of this accord.
2.    "The US troops" means the entity that comprises all members of the US armed forces, and the associated civilian component, all their property, equipments and hardware present on the soil of Iraq
3.     "Member of the US troops", means any individual belongs to the US Army, Navy, Air Force, Marines, or Coast Guard.
4.    "Member of the civilian component", means any civilian employed with the US Department of Defense. This term does not cover individuals living normally in Iraq.
5.    "Contractors with the USA" and "employees working for the contractors working with the USA", these two terms mean non-Iraqi persons or legal entities and their respective personnel who are US citizens or nationals of a third country but present in Iraq to provide goods, services and security to the US forces in Iraq or on their behalf, under a contract or subcontract with or for the US forces. These two terms do not include persons, legal entities usually resident of the Iraq territory.
6.    "Official vehicles", means commercial vehicles that may be modified for security purposes, and which are basically designed for driving on various roads and designed for the transportation of individuals
7.    "Military vehicles", means all types of vehicles used by the US forces, originally designed to be used in combat operations, and carry distinguished plates and insignia, according to instructions and codes applicable in the US Forces.
8.    "Defense equipments", means the systems, weapons, munitions, equipments, outfits, and materials used in conventional warfare exclusively, that are needed by the US Forces in respect with the activities agreed on in this accord, and that are not linked, directly of indirectly, to mass destruction systems (chemical weapons, nuclear weapons, radiological and biological weapons, and waste associated with such weapons).
9.    "Storage", means keeping defense equipments required by the US Forces for the activities agreed upon in this agreement.
10.    "Taxes and fees", means all taxes, fees (including customs duties),  and levies of any kind, imposed by the Government of Iraq or its agencies or governorates under the Iraqi laws and regulations. This term does not include the amounts collected by the Iraqi government, agencies, or governorates for the services requested and received by the US Forces

Article 3  
Laws

1.    Members of the US Forces and civilian component will agree to respect Iraqi laws, customs, traditions and practices, when they carry out military operations under this agreement, and will refrain from any activities not consistent with the wording and spirit of this agreement. However, the USA has the duty to take all necessary actions for this purpose.
2.    With the exception of members of the US troops and civilian component, the US troops may not transfer any person into Iraq or out thereof on the board of vehicles, ships or aircrafts covered by this agreement but in accordance with effective Iraqi laws and regulations including any operational arrangements subject to Iraqi government approval.

Article 4
Tasks

1.    Government of Iraq could request temporary assistance from the US Forces to support her in her efforts to maintain security and stability in Iraq, including cooperation in operations against al Qaeda, other terrorist groups and outlaw bands and the remnants of the former regime.
2.    All such military operations carried out under this agreement are conducted with the consent of Iraqi government. However, full coordination is made concerning these operations with the Iraqi authorities. All these Military operations are supervised by the Joint Military Operation Coordination Commission (JMOCC) formed under this agreement. Issues concerning the proposed military operations that cannot be decided by JMOCC will be referred to the Joint Ministerial Committee.
3.    All those operations must be performed with due respect for the Iraqi constitutions and Iraqi laws, and they shall be executed without passing over Iraq sovereignty and his national interests, as determined by the Iraqi government. It is the duty of the US Forces to respect Iraqi laws, customs, traditions and international law in force.
4.    Both parties shall continue their efforts to cooperate in order to consolidate Iraq's security potentials, as might be mutually agreed, including training, provision, support, supply, setting up and upgrading logistical systems, including transport, accommodations and catering for the Iraqi security forces.
5.    Both parties shall retain the right to legitimate self defense within Iraq, as defined in applicable international law.     

Article 5
Property ownership

1.    Iraq owns all immovable buildings, installations, and structures fastened to ground and standing in the agreed facilities and spaces, including those being in use by the US Forces, modified or developed.
2.    Upon its withdrawal, The US Forces shall return to the government of Iraq all facilities and spaces appropriated for use by the US combat forces according to two lists. The first list of the agreed facilities shall be handed over the sooner the agreement has been in force. The second list is handed over in a period not later than 30 June, 2009, withdrawal date of the combat forces from cities, towns and villages. However, Iraqi government may agree to let the US forces use, upon withdrawal, some vital facilities for the purposes of this agreement.
3.    The USA shall bear all costs of construction, modifications, or developments made on the agreed facilities and spaces earmarked for its exclusive use. Moreover, the UDS forces shall consult with the Iraqi government on the works of construction, modification and development, and should thereby seek to get approval of the Iraqi government to major construction and modification projects. In the case of joint use of the agreed facilities and spaces the two parties shall bear the costs of construction, modification or development proportionate to use.
4.    The USA shall bear the costs of what it requests and receives of services in the agreed facilities and spaces for its exclusive use. However, both parties shall bear the costs to the services required that are obtained in the agreed joint facilities and spaces proportionate to their respective use.
5.    In the case a historic or cultural site has been discovered or any strategic resource has been found in the agreed facilities and spaces, all works of construction, development or modification shall cease immediately, and consequently Iraqi representatives in the joint committee are informed to take the appropriate steps in this respect.
6.    The USA shall return the agreed facilities and spaces and any immovable buildings or structures that were built, established or erected during the term of this agreement, as per mechanisms and priorities set by the joint committee, and thus these spaces and facilities are handed over free of any debts or financial burdens.
7.    The US forces shall return to the Iraqi government the agreed facilities and spaces that are traditionally, morally and politically important, and any fixed facilities and structures that were built by the US forces, installed or set them up, in accordance with the mechanisms, priorities and a time frame agreed upon with the joint committee, free of debts or financial burdens.
8.    The US forces shall return the rest of the agreed facilities and spaces to the Iraqi government at the end of this agreement term or termination, or at any time preceding that as agreed upon by the parties, or otherwise when the US forces are no longer in need of those facilities as determined by the joint committee free of debts and financial burdens.
9.    The US troops and USA contractors shall keep the ownership of all equipments and materials, supplies and movable constructions, and other movable property imported to Iraq or have been procured legitimately from within the Iraqi territory and relevant to this agreement.  

Article 6
Using the agreed facilities and spaces
 
1.    With due respect for Iraq sovereignty, and as part of an exchange of views between the two parties as per this agreement, Iraq shall ensure the access to agreed facilities and spaces and using them by the US forces and USA contractors and also by their personnel, and by other individuals or entities, as agreed upon by the parties.
2.    Iraq shall permit, under this agreement, the US forces to practice within the agreed facilities and spaces all rights and powers as may be necessary to build, utilize, maintain, and insure those agreed and jointly used facilities and spaces. And further, both parties shall coordinate and cooperate together as regards those rights and powers in the agreed facilities and spaces of mutual use.
                 
3.    The US forces shall take the control of entry to the agreed facilities and spaces appropriated for its use only. However, both parties shall coordinate together as regards the control of entry to the agreed facilities and spaces for mutual use and according to mechanisms developed by the JMOCC, on the other hand, both parties shall articulate the duties of sentry in the areas adjacent to the agreed facilities and spaces thru the JMOCC.

Article 7
Placement and storage of defense equipments

The US forces may place inside the agreed facilities and spaces and at other temporary locations to be agreed on by both parties, defense equipments, gears and materials needed by the US forces and in connection with the agreed activities under this agreement. However, the US forces shall use and store these equipments in a manner commensurate with their interim tasks in Iraq according to article (4) hereof, provided that these are not related, directly or indirectly, to systems of mass destruction weapons (chemical weapons, nuclear weapons, radiological weapons, biological weapons and their waste). Additionally, the US forces shall take control of the use and transfer of defense equipments owned by them which are stored in Iraq. Also, they have to make sure that explosives or munitions are not kept in facilities nearby residential areas, and the USA shall provide the Iraqi government with the necessary information about the number and type of this stocked away stuff.  

Article 8
Protection of environment

Both parties shall implement this agreement in a manner consistent with the protection of natural environment, health and human safety. However, the USA reaffirms its commitment to respect applicable environmental laws and Iraqi laws in the implementation of its policies for the purposes of this agreement.

Article 9
Movement of vehicles, ships and aircrafts

1.    With due respect for the rules of safety, relevant land and marine movement, vehicles and ships used by the US forces or those used by the US troops, or those that are used in case of need only by them, may enter and exit and move within the Iraqi territory for the purposes of this agreement. The JMOCC shall set up the procedures and rules appropriate to facilitate and regulate the movement of vehicles.  
     2- With due respect for the safety rules of aviation and relevant air navigation, aircrafts of the USA government and civil planes that are working under a contract with the US department of defense exclusively at the time, will be allowed to fly in the Iraqi airspace, refuel in air for the sole purposes of implementing this agreement, and also to land and take off within the territory of Iraq for the purpose of implementing this agreement. However, Iraqi authorities shall grant the aforesaid aircrafts a yearly permission to land on Iraq territory and take off there from for the sole purposes of implementing this agreement. In this respect, the US government aircrafts and civil planes that are working exclusively at the time under a contract with the US department of defense will not accept any party on their board without due consent from the US authorities, as such the Joint Subcommittee concerned with this matter shall agree to the appropriate actions to facilitate and organize the respective traffic.

3- Surveillance and control over the Iraqi airspace will be transmitted immediately to Iraqi authority as soon this agreement has come into effect.
4- Iraqi government may ask the US forces to provide a temporary support to the Iraqi authorities in carrying out the task of monitoring and controlling the Iraqi airspace.
5- US aircrafts and civil planes that are working at the time exclusively under a contract with the US department of defense are exempted from paying any taxes, fees, levies or like charges, including levies of flying and air navigation, landing or transiting in the airports managed by the Iraqi government. On the other hand, vehicles and ships property of the US forces, or those in use by the US forces only for the purposes of this agreement shall be discharged also of any taxes, fees, levies or the like thereof, and this shall include the ports run by the Iraqi government. Furthermore, these vehicles, ships, and aircrafts will not be required to register in Iraq.
6- US forces shall pay for any services they request and procure
7- Each of the parties shall provide the other party with maps and such other information accessible on the location of minefields and other hindrances that could impede movement within the territory of Iraq, waters of Iraq, or be exposed to risk.


Article 10
Contracting procedures

The US forces may elect the contractors and enter into contracts under the US law in order to buy materials and services in Iraq, and this would include the services of building and construction works. However, the US forces may contract as applicable with Iraq suppliers for the type of materials and services they need if their bids were competitive and constituted a good value for money. The US forces should respect Iraqi law upon entering into contracts with Iraqi suppliers and contractors, and as such should provide the Iraqi authorities with the names of Iraqi suppliers and contractors and values of the respective contracts.

Article 11
Services and communication

1.    US forces may produce and provide for water and electricity and other such services to the agreed facilities and spaces in coordination with the Iraqi authorities via the concerned Joint Subcommittee
2.    Iraqi government owns all frequencies. And concerned Iraqi authorities shall undertake allocating the frequencies of the US troops as coordinated by both parties via the JMOCC. Whereupon, the US forces shall give back the frequencies allocated to it at the end of use not later than the date of this agreement discontinuation.
3.    US forces shall operate their communication systems with due respect for the constitution and laws of Iraq and in line with the definition of communication systems provided for in the code of the International Telecommunication Union for 1992, including the right to use the necessary instruments and services of their own systems to ensure full potential for operating communication systems.
4.    Fort the purposes of this agreement, the US forces will be exempted from any levies collected on the use of transmission waves and frequencies being in use now or will be allocated for them in the future, including any administrative levies or other fees.
5.    US forces should obtain the approval of Iraqi government regarding any infrastructure projects for communication performed outside the agreed facilities and spaces for the sole purposes of this agreement and in accordance with article (4), except in the case wherever there are actual combat operations taking place pursuant to article (4).
6.    US forces shall use the communication systems solely for the purposes of this agreement

Article 12
Jurisdiction

Recognizing the sovereign authority right of Iraq to determine and enforce the rules of criminal and civil law on its territory, and in the light of Iraq's request for temporary assistance from the US forces, as set forth in article (4), and in line with the duty of the US forces' members and the civilian component's to respect Iraqi laws, norms and values, both parties have agreed on the following:
 
1.    Iraq shall have the primacy to exercise jurisdiction over the members of the US forces and the civilian component's as regards deliberate and gross crimes in accordance with article (8), when such crimes are committed outside the agreed facilities and spaces and off duty time.
2.    Iraq shall have the primary right to exercise jurisdiction over the US contractors and their personnel
3.    USA shall have the primary right to practice jurisdiction over the members of US forces and the civilian component's for matters falling outside the agreed facilities and spaces, and during off duty periods outside the agreed facilities and spaces, and under conditions not covered in article (1) provision.
4.    Both parties shall provide assistance to each other upon the request of either one, in investigating the events, collecting and exchanging of evidences to ensure due course of justice.  
5.    When arresting or detaining any member of the US forces or the civilian component's by the Iraqi authority, this must be reported to the US forces authorities and handed over within (24) hrs as from arrest or detention time. However, when Iraq practices his jurisdiction pursuant to provision (1) hereof, the US forces shall then take over the task of their arrest, and then the US forces must turn over them to Iraqi authorities for subsequent trial and investigation.
6.    Authorities of either party may ask the authorities of other party to give up its primary right in jurisdiction from time to time. Nonetheless, Iraqi government shall agree to practice jurisdiction pursuant to clause (1) above only after being approved and notified to the USA in writing within (21) days as of the date of its discovery of the crime alleged, that its exercise of that jurisdiction is of special account.                     
 
   7. In the cases where the USA exercises jurisdiction pursuant to clause (3) hereof, members of the US forces and civilian component would be subject to the standards of legal procedures and bailed protection by virtue of the US constitution and US laws.  And in the event of a crime to which applies provisions of clause (3) hereof, and the victim were someone not a member of the US forces or the civilian component, then both parties shall develop procedures thru the Joint Commission to advise the persons concerned appropriately on the status of crime investigation, raise a bill of indictment against the accused, determine the date of court proceedings and results of talks on the  accused position, and opportunity of hearing the accused statements in public sessions in which the sentence will be announced, consult with the prosecution attorney to follow up the case, assist in the submission of a claim as per article (21) of this agreement. However, the US forces authorities should seek, and according to what both parties have come to agree upon, to hold trials for such cases in Iraq. And in the case where such trails were held in the USA, all efforts must be made in order to facilitate the victim attending the trial in person.

8. In the cases where Iraq practices jurisdiction pursuant to clause (1) hereof, members of the US forces and the civilian component would be subject to the standards of legal proceedings and bails commensurate with those available under the US law and Iraqi law. The Joint Committee will develop procedures and mechanisms for the implementation of this article, including an account of the gross premeditated felonies that are subject to clause (1) and other procedures to satisfy the standards of legitimate trial and bails. However, jurisdiction may not be practiced pursuant to clause (1) hereof except in accordance with these procedures and mechanisms.

9. The USA authorities, pursuant to clause (1) and (3) hereof, shall recognize that whether this alleged crime had occurred during duty time. And in such cases in which Iraqi authorities think that circumstances require a review of this report, both parties shall confer immediately via the Joint Committee, and the US forces authorities shall take full account of all facts and circumstances and any information the Iraqi authorities might provide and would make impact on the US forces authorities' report.

10. Parties shall review the rules contained in this article every (6) months, including any proposed amendments thereon, while taking into account the security situation in Iraq, how busy are the US troops in military operations, growth and development of the Iraqi judicial system, and changes on the US and Iraqi laws.

Article 13
Carrying weapons and wearing uniforms
 
Members of the US forces and the civilian component may possess and carry weapons pertaining to the USA while they are present in Iraq under the entitlement given to them and by virtue of the orders issued for them, and by their exigencies and duties. Also, members of the US troops may wear the uniforms while they are performing their duties in Iraq.



Article 14
Entry and exit

1.    For the purposes of this agreement, members of the US military and the civilian component may enter and exit Iraq from official ports of arrival and departure and they are required only to hold ID cards and travel permissions issued from the USA. The Joint Committee shall assume the task of setting the mechanism and course to verify the authenticity of these documents, the process which the competent Iraqi authorities undertake to implement.
2.    Iraqi authorities may check and verify the name lists of the US members and the civilian component members entering and leaving Iraq directly by way of the agreed facilities and spaces. These lists are submitted to the Iraqi authorities by the US troops.

Article 15
Import and export

1.    For the purposes of this agreement exclusive implementation, the US forces and their contractors may import into Iraq, and export there from (items that were purchased in Iraq), and they may re-export them, and to transport and use in Iraq any equipments, supplies, materials or technology, provided that these imported or procured products are not banned in Iraq as from the date this agreement has come into effect. However, import and re-export such materials, and their transport and use will not be subject to inspection, also they are not subject to any other restrictions, taxes, customs duties or any other charges levied in Iraq, according to the definition in clause (10) of the 2nd article. On the other hand, the US forces shall submit to competent Iraqi authorities the appropriate documents confirming that such items are imported by the US forces or US contractors to be used by US forces for the exclusive purposes of this agreement.
 
Based on security information available to her, the Iraqi authorities may ask the US forces and in their presence to open any container keeping the imported goods in order to check the contents. For their part, the Iraqi authorities shall respect, upon the submission of this demand, the security exigencies of the US forces, and shall agree if requested so by the US forces to carry out such checking in the facilities used by the US forces. Knowing that, the export of Iraq goods by the US forces or their contractors will not be subject to any inspection or restrictions except for licensing requirements. On the other hand, the Joint Committee shall work with the Iraqi Ministry of Trade according to Iraqi law in order to facilitate the provision of license requirement to enable the US forces export the goods purchased in Iraq for the purposes of this accord. Moreover, Iraq may demand reviewing any issue arising from applying this clause. However, both parties shall confer immediately in such cases via the Joint Committee or, if necessary, thru the Ministerial Joint Commission.
                                 
2.    Members of the US forces and the civilian component may import into Iraq, re-export and use their own personal materials and devices for personal consumption or use. However, import, re-export, transport and use of such exported materials in Iraq are not subject to licensing, restrictions, taxes, levies or any other fees imposed in Iraq, as illustrated in clause (10) of article (2). In these cases imported quantities should be reasonable and proportionate to personal use.  Anyhow, the US forces shall take measures to ensure that no export will be made for any items or materials with cultural or historic importance to Iraq.
3.    Any possible inspection of the materials referred to in clause (2) on the part of Iraqi authorities, shall be done promptly at an agreed place, and according to procedures established by the Joint Committee.
4.    Any exported item exempted from customs duties and other fees as defined in clause (10) of the 2nd article in this agreement will be subject to taxes and customs duties if it was sold to individuals and entities not covered by tax exemption or import-relating privileges, and thus buyer shall pay these taxes and levies (including customs duties) for the items re-sold, and hence the value of these taxes and levies shall be assessed at the time of sale in Iraq.
5.    Materials referred to in the clauses of this article shall not be imported or used for commercial purposes.   

Article 16

 

Taxes

 

  1. No taxes, fees or levies shall be imposed, as defined in clause (10) of article (2), the value of which was estimated and imposed in the territory of Iraq, on goods and services that are purchased in Iraq by the US forces or on its behalf for the purposes of official use, and nothing of the kind shall be imposed on the goods and services which were purchased in Iraq on behalf of the US forces.
  2. Members of the US forces and the civilian component shall not be responsible for the payment of any tax, fee or levy the value of which is determined and imposed in the territory of Iraq, unless they were for services they already requested and received.

 

Article 17

Licenses or permissions

 

  1. Valid driving license issued by the US forces to members of the US forces and the civilian component and to personnel of contractors with the US, shall be considered acceptable to the Iraqi authorities. However, holders of driving licenses will not be subject to a test or payment of levies for their driving of vehicles, ships and planes pertaining to the US forces in Iraq.
  2. Valid driving licenses issued by the US authorities to members of the US forces and the civilian component, and to personnel of contractors with the US shall be treated as valid with the Iraqi authorities when they are using their cars inside the territory of Iraq and their holders will not be subject to a test or a levy.
  3. All occupational licenses issued by the US authorities to members of the US forces and the civil components, and to personnel of contractors with the USA, shall be considered as acceptable to the Iraqi authorities, provided they are related to the services they provide within the framework of their official or contractual duty to support the US forces and the civilian component, and contractors with the USA and their respective personnel, in accordance with conditions agreed upon between the two parties.

 

Article 18

Official and military vehicles

 

  1. Official vehicles shall bear official Iraqi plates to be agreed upon between both parties. However, Iraqi authorities shall, at the request of the US forces, issue registration plates for the official vehicles pertaining to the US forces without fees, and according to the procedures established with the Iraqi armed forces. In this respect the US forces shall pay to Iraqi authorities the cost of such plates.
  2. Valid registration and licenses issued by the US authorities for the official vehicles pertaining to the US forces shall be acceptable to Iraqi authorities.
  3. Military vehicles used exclusively by the US forces shall be exempted from registration and licensing requirements and are set apart by clear numbers.

 

 

Article 19

Support services

 

  1. The US forces or those acting on behalf of them may take over the duties of creating and managing activities and entities inside the agreed facilities and spaces, thru which services could be provided to members of the US forces and the civilian component,  and to contractors with the USA and their personnel, these entities and activities comprise military post offices and financial services, shops selling food, medicine, goods and other services, and different areas at which recreational services and telecommunications services are provided, including radio broadcast services. However, establishment of these services will not require the issuance of respective licenses.
  2. Radio, media and entertainment services that extend beyond the range of the agreed facilities and spaces shall be subject to Iraqi laws.
  3. Access to support activities shall be limited to members of the US forces and the civilian component, contractors with the USA and their personnel, as well as persons and entities to be agreed upon. However, the US forces authorities shall take the appropriate actions to bar any abuse of the services offered by the said activities, and prevent selling or reselling the goods and services referred to persons not authorized to reach these entities and benefit from their services. However, the US forces shall determine radio transmission and TV programs to entitled recipients.  
  4. Entities and activities that provide the services referred to in this article shall enjoy the same customs and financial exemptions privileged by the US forces, including the exemptions guaranteed in articles (15) and (16) hereof. However, these entities and activities shall be run according to USA regulations, and they will not be compelled to collect or pay taxes and other fees for activities connected with their operations. 
  5. Mail sent thru military post services shall be subject to ratification by the US authorities, and exempt from inspection, investigation and confiscation on the part of Iraqi authorities, except for non-official mail that might be subject to electronic control. On the other hand, the Joint Subcommittee concerned with the handling of issues that arise in the framework of this clause implementation, and thus will be settled by mutual agreement between both parties. Also, the concerned Joint Subcommittee shall conduct periodic inspection of the mechanisms used by the US authorities to ratify military mail.

 

 

Article 20

Currency and foreign exchange

 

  1. The US forces may use any sum of money in US currency or fiscal instruments with its value specified in US currency for the exclusive purposes of this agreement. The use of Iraqi currency and private banks by the US forces shall be under Iraqi laws.
  2. The US forces may not export Iraqi currency from Iraq, and shall take the necessary actions to ensure that none of their members and the civilian component members, contractors with the US and their personnel will be involved in such act.

 

Article 21

Claims

 

  1. With the exclusion of claims arising from contracts, both parties shall waive the right to claim the other party for damages or loss compensation or for compensation against destruction made to property of the US forces or the civilian component of either party, or claim compensation for casualties or deaths that might occur to members of the armed forces and the civilian component and arising from performing their official duties in Iraq.
  2. The US authorities shall pay fair and reasonable indemnification to settle accrual claims for any third party, that might arise out of acts carried by members of the US forces and the civilian component or as a result of their negligence or failure while they are carrying out their formal duties, or otherwise related to non-combat activities of the US forces. However, the US forces authorities may settle accrual claims not arising from performing their official duties as quickly according to the US laws and regulations. Upon the settlement of claims the US authorities shall take into consideration any report on an investigation or opinion issued by Iraqi authorities as regards liability or the dimension of damages.
  3. Both parties shall confer immediately thru the Joint Committee or, if necessary, thru the Joint Ministerial committee, in the cases that need the review which was mentioned in clauses (1) and (2) above at the request of either party.

    Article 22
    Detention

    1.    The US forces may not arrest anybody or detain him (with the exception of custody or seizure of any US forces member or a civilian component member) but by an Iraqi decision issued in accordance with the Iraqi law and pursuant to article (4).
    2.    In the event the US forces detain or arrest persons as permitted in this agreement or Iraqi law, these persons must be handed over to competent Iraqi authorities within 24 hrs from the time of their detention or arrest.
    3.    Iraqi authorities may request assistance from the US forces for the purpose of arresting wanted individuals or capturing them.
    4.    At the start of this agreement implementation, the US forces shall provide information available on all detainees in their possession to the Iraqi government. In this respect competent Iraqi authorities shall issue warrants of arrest for the wanted. However, the US forces shall, in full and effective coordination with the Iraqi government, extradite the wanted to her according to enforceable Iraqi arrest warrants and shall release all remaining detainees in an orderly and safe manner unless the Iraqi government requested otherwise pursuant to article (4) of this agreement.
    5.    US forces may not search homes or other real property but virtue of an Iraqi judicial warrant issued in this effect and in full coordination with the Iraqi government, except in the cases where actual combat operations are going on pursuant to article (4).

    Article 23
    Implementation

    The implementation of this agreement and settlement of disputes arising from its interpretation and application shall be entrusted to the following bodies:

    1.    A joint ministerial committee shall be formed whose members are persons at the ministerial level as identified by both parties. This committee shall decide and consider the key issues needed to construe and implement this agreement.
    2.    The joint ministerial committee shall create a joint committee to coordinate the military operations (JMOCC) composed from both parties' representatives. The chairmanship of the JMOCC will be shared between both parties.
    3.    The joint ministerial committee shall form also a joint committee composed of representatives elected by both parties chaired jointly by a representative for both parties. However, this committee shall examine and decide all issues relevant to this agreement that do not come under the purview of the JMOCC.
    4.    The joint committee shall form, according to clause (3) hereof, joint subcommittees in various areas each of which shall look into issues arising from the agreement in accordance with their terms of reference.






    Article 24

    Withdrawal of the US troops from Iraq

    In recognition of the Iraqi forces performance and its increased capacity, assuming full responsibility for security, and according to strong relationship between both parties, it has been agreed on the following:

    1.    All US forces shall withdraw from all Iraqi territory, waters and airspace not later than 31 December, 2011 AD
    2.    All US combat forces shall withdraw from Iraqi towns, villages and boroughs no later than the date Iraqi forces will have taken on their full responsibility for security in any Iraqi governorate, provided that this withdrawal is completed from the said places no later than 30 June, 2009 AD.
    3.    Withdrawing US combat forces shall assemble, pursuant to clause (2) above, at the agreed facilities and spaces that are located outside the towns, villages and boroughs determined by the JMOCC before the date specified in clause (2) above.
    4.    The USA shall recognize the sovereign right of the Iraqi government to request the departure of US forces from Iraq at any time. For her part, the government of Iraq shall recognize the sovereign right of the USA to withdraw her forces from Iraq at any time.
    5.    Both parties shall agree to work out mechanisms and arrangements to reduce the number of US troops during the specified frame of time, and they have to agree on the locations on which these troops will settle at.

    Article 25
    Measures to end the application of chapter (7) to Iraq

    In recognition of the government of Iraq's right that she may not demand for renewal of the mandate and power granted to the multinational force under chapter (7) involved in the UN Security Council No. (1790) (2007), the mandate which expires on 31 December, 2008;  

    And in reference to the two messages forwarded to the UN Security Council: a message from the Iraqi Prime Minister and a message from the Secretary of State in the USA on 7 & 10 December, 2007, respectively, both are attached to resolution (1790);

    And with reference to Part III of the Declaration of Principles on a long standing relationship of cooperation and friendship, signed by he President of the USA and the Prime minister of Iraq on November 26, 2007, in which it was recorded for history the call of Iraq to extend the mandate period indicated above for a final period to end not later than December 31, 2008;

    And in recognition of the dramatic and positive developments taking place in Iraq, and reminding that the situation in Iraq is fundamentally different from the situation that existed when the UN Security Council adopted the UN resolution (661) for 1990, in particular that the threat the government of Iraq posed to international peace and security has been removed: both parties emphasize, in this respect, that with the end of acting under the mandate and power given to the multinational forces on December 31, 2008 under chapter (7) involved in the UN Security Council No. (1790), Iraq should return his legal and international standing that he enjoyed prior to adopting the UN Security Council Resolution No. (661) (1990), and they confirm as well that the USA will make best efforts to help Iraq in taking the necessary steps in achieving that by December 31, 2008.

    Article 26
    Iraqi assets

    1.    In order to enable Iraq to continue his national economy development via rehabilitating his economic infrastructure, and provide vital essential services for the Iraqi people, maintain his resources of oil, gas and other fortunes, and also to keep up his financial and economic assets abroad, including the Development Fund for Iraq, the USA will make sure to exert a maximum efforts for the sake of:
    a.    Support Iraq to get exempted from the international debts resulted from the ex-regime policies.
    b.    Support Iraq to realize a comprehensive and final resolution as regards the claims for compensation he inherited from the former regime and not yet settled, including compensation requirements imposed on Iraq by the UN Security Council.
                                  
    2.    In recognition of the concern Iraq shows against the claims based on acts perpetrated by the ex-regime, and understanding of this issue, the President of the USA is exercising his powers to provide protection to the Development Fund for Iraq and other specific property Iraq owns a share therein from the American judicial processes. However, the USA shall remain fully and effectively tied with the Iraqi government in relation with the continuation of this protection and those claims.  
    3.    In line with a message from the USA President that will be sent to the Prime Minister of Iraq, the USA will remain committed to assist Iraq with respect to the appeal she submitted to the Security Council to extend the protection and other arrangements on oil, oil products and natural gas produced in Iraq, the resources and obligations arising from these sales, and the Development Fund for Iraq, the arrangements set out in the Security Council Nos. (1483) (2003) & (1546) (2003).      
    Article 27
    Determent of security risks

    In order to promote security and stability in Iraq and share in the establishment of international peace and stability, both parties seek actively to consolidate political and military capabilities of Iraq Republic, and to enable Iraq hold back the threats against his sovereignty, political independence, territorial integrity and his democratic federal constitutional system. Therefore, they agree in this regard on the following:

    1.    In the event of any external or internal threat against Iraq or an aggression upon him, that would violate his sovereignty, political independence or his territorial, waters or airspace integrity, or otherwise against his democratic system or elected institutions; and upon request from the government of Iraq, both parties shall commence immediately strategic talks, and as may be mutually agreed upon, the USA will take appropriate measures, including diplomatic, economic or military measures or any other action to deter such a threat.
    2.    Both parties shall agree to continue their close cooperation in strengthening and maintaining military, security, and political democratic institutions in Iraq, including, as may be mutually agreed upon, cooperation in training, equipping and arming the Iraqi security forces, in order to fight local and international terrorism, and outlaw bands, upon a request from Iraqi government.
    3.    It is not permissible to use Iraqi territory, waters, and airspace as passageway or base to launch attacks against other countries.


    Article 28

    Green Zone

    As this agreement enters into effect, the government of Iraq shall assume full responsibility for the Green Zone. However, Iraqi government may ask the US forces to provide limited and temporary support to Iraqi authorities in the security-task of the Green Zone, and upon making such a request, relevant Iraqi authorities shall work jointly with the US forces on the security issue in the Green Zone during the time period specified by the Iraqi government.


    Article 29
    Implementation steps

    Whenever the need arises, both parties shall set up appropriate mechanisms to implement the articles of this agreement including the articles that do not include definite mechanisms for implementation.


    Article 30
    Term of this agreement

    1.    This agreement shall remain effective for (3) years period, unless it was terminated by one of the parties before its expiration pursuant to clause (3) hereof.
    2.    This agreement shall not be amended without an official written consent of both parties in accordance with the constitutional procedures in force in both countries.
    3.    This agreement shall terminate after the elapse of one year from the receipt of a notification in writing from one party to the other in that effect.
    4.    This agreement shall enter into effect as from the 1st January, 2009, after both parties have exchanged diplomatic notes confirming the completion of the necessary actions and they are prepared to carry out the agreement according to constitutional procedures in force at both parties.
     
    This agreement was signed in Baghdad on the 17th of November, 2008, in duplicate, Arabic and English versions are equal in their legal argument.