Coalition Provisional Authority

“ Procedures, (CPA/MEM/19 August 2003/04) , to provide for the orderly transition of authority
over the Development fund for Iraq from the Coalition Provisional Authority to the Iraqi Interim
Government,
I hereby promulgate the following:
Section 1
Powers of Iraqi Interim Government
Section 4 of Coalition Provisional Authority Memorandum 4, Contracts and Grant Procedures,
(CPA/MEM/19 August 2003/04) is amended to read as follows ”

“ The principle of comprehensiveness requires that the budget cover all government agencies and
institutions undertaking government operations, so that the budget presents a consolidated and
complete view of these operations and is voted on, as a whole, by the body vested with national
legislative authority.
The principle of unity requires that all government resources be directed to a common pool to be
allocated and used for public expenditure according to the priorities of the government. ”

“ In the extended republic of the United States, and among the great variety of interests, parties, and sects which it embraces, a coalition of a majority of the whole society could seldom take place on any other principles than those of justice and the general good; whilst there being thus less danger to a minor from the will of a major party, there must be less pretext, also, to provide for the security of the former, by introducing into the government a will not dependent on the latter, or, in other words, a will independent of the society itself. ”

“ Right to File - Any offeror deemed to be an interested party, that believes it has
not received fair treatment in the award of a government public contract, or
believes that the provisions of a tender unfairly restrict full and open competition
in a manner that inappropriately excludes it from competing, may file a tender
protest with the Administrative Tribunal established pursuant to the authority of
this Order. ”

“ There is hereby established the New Iraqi Army as the first step toward the
creation of the national defense force of the new Iraq. The New Iraqi Army is an
establishment intended to provide a capability in support of the security of Iraq
during the period of the CPA’s authority. ”

“ Recognizing that a key to the establishment of the rule of law is a judicial system staffed
by capable persons and free and independent from outside influences.
I hereby promulgate the following:
Section 1
Purpose
This Order re-establishes the Council of Judges ("the Council") , which is charged with
the supervision of the judicial and prosecutorial systems of Iraq. The Council shall
perform its functions independently of the Ministry of Justice. ”

“ Should the representatives or people, therefore, of the smaller States oppose at any time a reasonable addition of members, a coalition of a very few States will be sufficient to overrule the opposition; a coalition which, notwithstanding the rivalship and local prejudices which might prevent it on ordinary occasions, would not fail to take place, when not merely prompted by common interest, but justified by equity and the principles of the Constitution. It may be alleged, perhaps, that the Senate would be prompted by like motives to an adverse coalition ”

“ In my opinion it is necessary, for this purpose, that the government be composed of representatives of all those parts of the population that are not interested in the restoration of the old order. What is called a coalition Ministry is necessary. Our comrades, the Socialists, acknowledging the necessity of entering the government, can and should set forth definite conditions, definite demands. But there should be no demands that would be unacceptable to the representatives of other classes, to the spokesmen of other parts of the population. ”

“ If the Commission on Public Integrity has not issued a Final Report within
60 days after the filing of a Complaint that relates to actions taken by a
minister or an Inspector General and there is no showing that such delays
are due to the bad faith of the aggrieved government employee or
government contractor, then the aggrieved government employee or
government contractor may bring a civil action in a court of competent
jurisdiction seeking appropriate judicial relief. ”

“ Where prisoners are employed in work not controlled by the administration, they
shall always be under the supervision of the institution's personnel. Unless the
work is for other departments of the government the full normal wages for such
work shall be paid to the administration by the persons to whom the labor is
supplied, account being taken of the output of the prisoners. ”

“ In your inaugural session, which lasted barely thirty days, you enacted the most important legislation pledged in the Coalition platform and urgently required by the nature of the new responsibilities of the present government. The record you have made has earned for you just commendation and constitutes the main reason for the prevailing confidence in our future. ”

“ Where the provisional measures are revoked or where they lapse due to any
act or omission by the applicant, or where it is subsequently found that there
has been no infringement or threat of infringement, the judicial authorities
shall have the authority to order the applicant, upon request of the defendant,
to provide the defendant appropriate compensation for any injury caused by
these measures. ”

“ The financial institution shall immediately verify the source of funds, and the purpose
and intended nature of a transaction or business relationship, when there is reason to
suspect that assets are the proceeds of a crime, that they may be intended for the
financing of crime or terrorist financing, or that a criminal organization has power of
disposal over them. ”

“ 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. ”

“ When it disappears a difficult parliamentary situation will be created for the Socialists as they then, either as an independent factor without representation in the Cabinet or as a co-operating wing with representation in the Cabinet, will have to keep a coalition government in office. ”

“ Representative offices shall not use the word “bank” in their
name, except in cases where the word “bank” forms an integral part of the name of the
foreign bank to which they belong, provided that, in such cases, the words “representative
office” shall be added.
5. The CBI shall be empowered to enter the offices and to examine the accounts, books,
documents and other records of any person if the CBI determines that there are reasonable
grounds to suspect that such person engages in activities that are incompatible with the
preceding provisions of this article ”

“ Section 6 shall be rescinded in its entirety and replaced with the following:
“The Federal Government alone has the authority to carry out the functions
and responsibilities set forth in this Regulation.” ”

“ In the event of an irreconcilable disagreement during discussions on the draft annual
federal budget between the Minister of Finance and the Ministers responsible for spending
units, the Minister of Finance will note the disagreement and explain his proposed solution
in his submission of the draft annual federal budget. In determining the proposed solution,
the Ministry of Finance may consult with the Ministry of Planning and Development
Cooperation regarding the prioritization of capital expenditures. ”

“ The Administrator or his designee, in coordination with the Ministry of Finance, may
authorize the payment of financial rewards to eligible individuals who provide the
Coalition with information that leads to the recovery of Iraqi state assets or former
regime-owned assets. ”

“ Recognizing that United Nations Security Council Resolution 1540 (2004) affirms
that proliferation of nuclear, chemical, and biological weapons and their means of
delivery constitutes a threat to international peace and security and requires that all
States take effective measures to prevent the proliferation of such weapons,
including by establishing appropriate controls over materials, equipment and
technology which could be used for the design, development, production or use of
such weapons ”

“ Officers of the institutions shall not, in their relations with the prisoners, use force
except in self-defense or in cases of attempted escape, or active or passive
physical resistance to an order based on law or regulations. Officers who have
recourse to force must use no more than is strictly necessary and must report the
incident immediately to the prison master of the institution. ”

“ No person who serves as a judge or as a member of the staff of the Tribunal shall:
a. permit access to, disclose or publicize nonpublic information which was obtained
in the performance of official duties, except when required to do so by any court of
law or as necessary for the fulfillment of any duty or responsibility imposed by this
Law, the Banking Law, or any other relevant legislation; or
b. use such information, or allow such information to be used, for personal gain. ”

“ On this principle the people of the State, acting in their sovereign capacity in convention, precisely as they did in the adoption of their own and the Federal Constitution, have declared, by the ordinance, that the acts of Congress which imposed duties under the authority to lay imposts, are acts, not for revenue, as intended by the Constitution, but for protection, and therefore null and void. The ordinance thus enacted by the people of the State themselves, acting as a sovereign community, is as obligatory on the citizens of the State as any portion of the Constitution. ”

“ The “state of union of creditors” is the stage of the
bankruptcy proceedings where the property of the bankrupt is
disposed of, with the proceeds used to repay the creditors to the
extent possible.
Article 563. The purpose of this Part of the Commercial Code is
to establish judicial proceedings by which a trader and his
creditors may resolve the trader’s indebtedness in a collective,
transparent, and realistic manner, when the trader no longer can
pay debts when they come due. ”

“ There is the same, and perhaps greater, reason why the executive should be independent of the legislature, than why the judiciary should. A coalition of the two former powers would be more immediately and certainly dangerous to public liberty. It is essential, then, that the appointment of the executive should either be drawn from some source, or held by some tenure, that will give him a free agency with regard to the legislature. ”

“ The Coalition! Ay, “the murdered Coalition!” The gentleman asks if I were led or frighted into this debate by the spectre of the Coalition. “Was it the ghost of the murdered Coali [Pg 123] tion,” he exclaims, “which haunted the member from Massachusetts; and which, like the ghost of Banquo, would never down?” “The murdered Coalition!” Sir, this charge of a coalition, in reference to the late administration, is not original with the honorable member. It did not spring up in the Senate. Whether as a fact, as an argument, or as an embellishment, it is all borrowed. ”

“ The Contracting Officer may terminate this contract, or any part
hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply
with any contract terms and conditions, or fails to provide the Contracting Officer, upon request,
with adequate assurances of future performance. In the event of termination for cause, the
Government agency shall not be liable to the Contractor for any amount of supplies or services not
accepted, and the Contractor shall be liable for any and all rights and remedies provided by law. ”

“ Prior to the assumption of the functions of government by Iraq, any question as to
the disqualification of a judge shall be decided by the Administrator. After the
assumption of the functions of government, the disqualification of a judge shall be
decided in accordance with the applicable law. ”

“ Systems of privileges appropriate for the different classes of prisoners and the
different methods of treatment shall be established at every institution, in order to
encourage good conduct, develop a sense of responsibility and secure the interest and
cooperation of the prisoners in their treatment. ”

“ This proposal was at once recognized by public opinion—to use the language of the Journal des Débats (May 21, 1909) —as “an instrument of domination” rather than as an attempt to carry out the spirit of the compact under which the Coalition government had been summoned to power. ”

“ Addresses of thanks and congratulation poured in from the municipal and corporate bodies in all parts of the kingdom, who felt their privileges endangered by the East India Bills, expressing the gratitude of the country to His Majesty for the vigour and resolution with which he had acted. The Coalition, nevertheless, still wielded a powerful majority in the Commons, with which they continued to harass the Cabinet, in spite of those demonstrations of public opinion which plainly warned them that, long as they might succeed in protracting the struggle, it could end only in disaster and defeat. ”

“ These bodies will be comprised of one military and two civilian
members (one of whom will be an Iraqi) . The ARCs shall remain in operation
until the people of Iraq adopt a representative form of self-government. The
ARCs will:
a)
Hear Appeals of Fact. The ARCs will hear the appeals of Iraqis who
believe they were wrongly found to be ba`atheists. These appeals will be
conducted in a manner that comports as nearly as practicable to tribunals
convened by Coalition Forces under Article 5 of the 1949 Geneva
Convention.
b)
Grant or Deny Requests for Exception. ”