Article 10
Contracting Procedures
U.S. forces have the right to choose contractors and have contracts with
them, according to American law, to buy materials and services in Iraq,
including reconstruction and building services. U.S. forces can have
contracts with Iraqi suppliers for materials and services when they have
competitive tenders and value. U.S. forces should respect Iraqi law when
they have contracts with Iraqi suppliers and contractors, they should
inform Iraqi authorities of the Iraqi contractors and suppliers and the
value of their contracts.
Article 11
Services and Communications
U.S. forces can produce and supply water and electricity and any other
services for the installations and areas agreed upon in coordination with
the Iraqi authorities through the related Joint sub-committee.
The Iraqi government owns all frequencies. The Iraqi authorities
specialized in frequencies allocate frequencies for the U.S forces
according to coordination between the two sides via a Joint Military
Operations Coordination Committee (JMOCC).The US forces should return the
allocated frequencies when they have finished using them at a date no later
than the last day of this agreement.
U.S. forces will operate their communications system with full respect to
the Iraqi constitution and laws, and according to the text of communication
regulations in the International Union of Communications for the year 1992,
including the right to use means and special necessary services related to
their system to guarantee the full capacity to operate the communications
system.
For the purposes of this agreement, U.S. forces are exempt from paying any
government collection for using the transmission waves and frequencies now
in use or those which will be allocated to them in the future, including
administrative and any other charge.
U.S forces should obtain the Iraqi government's approval regarding any
infrastructure projects for communications located outside the
installations and areas agreed upon for the exclusive purposes of
implementation of this agreement according to Article 4, unless there is an
actual combat operation, in which case use Article 4.
U.S. forces should use the communication system exclusively for the
purposes of this agreement.
Article 12
Jurisdiction
In recognition of Iraq's sovereign right in defining and enforcing the
principles of criminal and civilian law on its land and in view of Iraq's
request for temporary assistance from U.S. forces as explained in article 4
and as is consistent with the obligation of U.S. forces' and the members of
the civilian element to respect Iraqi laws, traditions, customs and values,
both parties agreed to the following:
Iraq has the primary right to exercise jurisdiction over members of the
U.S. forces and members of the civilian element regarding major and
premeditated crimes, according to item 8, when these crimes are committed
outside installations and areas agreed upon and off duty.
Iraq has the primary right to exercise jurisdiction over private
contractors which have contracts with the United States and their
employees.
The United States has the primary right to exercise jurisdiction over
members of the U.S. forces and members of the civilian element regarding
matters that take place inside the installation and areas agreed upon and
during duty outside the installations and areas agreed upon and
circumstances not included in the text of item 1.
According to a request from either party, both parties will assist one
another to carry out an investigation into incidents and to collect
evidence and to exchange them to guarantee justice.
When a member of the U.S. forces or the civilian element is arrested or
detained by the Iraqi authorities, the authorities of the U.S. forces
should be informed immediately and the detainee should be handed over
within 24 hours from the time of detention or arrest. When Iraq practices
its jurisdiction in implementation of the text of item 1 of this article
the authorities of the U.S. forces then undertake the detention of the
accused from the members of the U.S. forces or the civilian element. Then
the authorities of the U.S. forces are to submit the accused person or
persons to the Iraqi authorities for the purpose investigation and trial.
The authorities of either side may request the authorities of the other
side to forgo their primary right of jurisdiction in a specific case. The
Iraqi government agrees to exercise jurisdiction according to item 1 above
only after informing and notifying the U.S. in writing within 21 days of
discovering the alleged crime, its practice of jurisdiction has a special
significance.
In cases where the U.S. has the right to exercise jurisdiction according to
item 3 of this article, the members of the U.S. forces and of the civilian
element have the right to have the legal criteria, procedures and
guaranteed protection under the American law and constitution. In case a
crime is committed which falls under item 3 of this article and the victim
is not a member of the U.S. forces or of the civilian element, both parties
agree upon procedures through a joint committee to inform the persons
involved of the investigation in an appropriate way, the status of the
investigation of the crime, the charges against the accused, a date of
trial and the results of the deliberations regarding the suspects
situation, the opportunity to hear the accused's statements in open
sessions during which he will be sentenced, consultation with the lawyers
of the prosecution to follow up the case and to assist in presenting a
request according to article 21 of this agreement. The U.S. authorities
will seek to hold a trial for cases such as these inside Iraq. And in case
trials of such cases are held in the United States, efforts will be made to
facilitate the victim's presence personally in the court.
In the cases where Iraq exercises jurisdiction according to item 1 of this
article, members of the U.S. forces and the civilian element have the right
to the legal criteria, procedures and guarantees that are consistent with
those enjoyed under American and Iraqi law. The joint committee will lay
down procedures and mechanisms to implement this article, which includes a
record of major and premeditated crimes that fall under item 1 and
procedures according to the criteria of legitimate trial and guarantees. It
is not permitted to exercise jurisdiction according to the text of item 1
of this article unless the mentioned procedures and mechanisms are in
place.
The U.S. authorities will state according to items 1 and 3 of this article
whether the alleged crime was committed on duty. In cases in which the
Iraqi authorities believe that the circumstances call for revision of this
account, both parties will deliberate immediately via the joint committee,
and the authorities of the U.S. forces will take into full consideration
the facts, the circumstances and any other information the Iraqi
authorities may submit and that might have an effect upon the report of the
authorities of the U.S. forces.
Both parties will review the provisions of this article every six months,
including any suggested amendments of this article, taking into
consideration the security situation in Iraq and how engaged the U.S.
forces are with military operations, the growth and development of the
Iraqi judicial system and changes in the American and Iraqi laws.
Article 13
Carrying Weapons and Wearing Official Uniforms
Members of the U.S. forces and the civilian element have the right to
possess and carry weapons that belong to the U.S. during their presence in
Iraq according to the authorization given to them, the orders given to them
and according to their needs and duties. Also the U.S forces should wear
their official uniforms while on duty in Iraq.
Contracting Procedures
U.S. forces have the right to choose contractors and have contracts with
them, according to American law, to buy materials and services in Iraq,
including reconstruction and building services. U.S. forces can have
contracts with Iraqi suppliers for materials and services when they have
competitive tenders and value. U.S. forces should respect Iraqi law when
they have contracts with Iraqi suppliers and contractors, they should
inform Iraqi authorities of the Iraqi contractors and suppliers and the
value of their contracts.
Article 11
Services and Communications
U.S. forces can produce and supply water and electricity and any other
services for the installations and areas agreed upon in coordination with
the Iraqi authorities through the related Joint sub-committee.
The Iraqi government owns all frequencies. The Iraqi authorities
specialized in frequencies allocate frequencies for the U.S forces
according to coordination between the two sides via a Joint Military
Operations Coordination Committee (JMOCC).The US forces should return the
allocated frequencies when they have finished using them at a date no later
than the last day of this agreement.
U.S. forces will operate their communications system with full respect to
the Iraqi constitution and laws, and according to the text of communication
regulations in the International Union of Communications for the year 1992,
including the right to use means and special necessary services related to
their system to guarantee the full capacity to operate the communications
system.
For the purposes of this agreement, U.S. forces are exempt from paying any
government collection for using the transmission waves and frequencies now
in use or those which will be allocated to them in the future, including
administrative and any other charge.
U.S forces should obtain the Iraqi government's approval regarding any
infrastructure projects for communications located outside the
installations and areas agreed upon for the exclusive purposes of
implementation of this agreement according to Article 4, unless there is an
actual combat operation, in which case use Article 4.
U.S. forces should use the communication system exclusively for the
purposes of this agreement.
Article 12
Jurisdiction
In recognition of Iraq's sovereign right in defining and enforcing the
principles of criminal and civilian law on its land and in view of Iraq's
request for temporary assistance from U.S. forces as explained in article 4
and as is consistent with the obligation of U.S. forces' and the members of
the civilian element to respect Iraqi laws, traditions, customs and values,
both parties agreed to the following:
Iraq has the primary right to exercise jurisdiction over members of the
U.S. forces and members of the civilian element regarding major and
premeditated crimes, according to item 8, when these crimes are committed
outside installations and areas agreed upon and off duty.
Iraq has the primary right to exercise jurisdiction over private
contractors which have contracts with the United States and their
employees.
The United States has the primary right to exercise jurisdiction over
members of the U.S. forces and members of the civilian element regarding
matters that take place inside the installation and areas agreed upon and
during duty outside the installations and areas agreed upon and
circumstances not included in the text of item 1.
According to a request from either party, both parties will assist one
another to carry out an investigation into incidents and to collect
evidence and to exchange them to guarantee justice.
When a member of the U.S. forces or the civilian element is arrested or
detained by the Iraqi authorities, the authorities of the U.S. forces
should be informed immediately and the detainee should be handed over
within 24 hours from the time of detention or arrest. When Iraq practices
its jurisdiction in implementation of the text of item 1 of this article
the authorities of the U.S. forces then undertake the detention of the
accused from the members of the U.S. forces or the civilian element. Then
the authorities of the U.S. forces are to submit the accused person or
persons to the Iraqi authorities for the purpose investigation and trial.
The authorities of either side may request the authorities of the other
side to forgo their primary right of jurisdiction in a specific case. The
Iraqi government agrees to exercise jurisdiction according to item 1 above
only after informing and notifying the U.S. in writing within 21 days of
discovering the alleged crime, its practice of jurisdiction has a special
significance.
In cases where the U.S. has the right to exercise jurisdiction according to
item 3 of this article, the members of the U.S. forces and of the civilian
element have the right to have the legal criteria, procedures and
guaranteed protection under the American law and constitution. In case a
crime is committed which falls under item 3 of this article and the victim
is not a member of the U.S. forces or of the civilian element, both parties
agree upon procedures through a joint committee to inform the persons
involved of the investigation in an appropriate way, the status of the
investigation of the crime, the charges against the accused, a date of
trial and the results of the deliberations regarding the suspects
situation, the opportunity to hear the accused's statements in open
sessions during which he will be sentenced, consultation with the lawyers
of the prosecution to follow up the case and to assist in presenting a
request according to article 21 of this agreement. The U.S. authorities
will seek to hold a trial for cases such as these inside Iraq. And in case
trials of such cases are held in the United States, efforts will be made to
facilitate the victim's presence personally in the court.
In the cases where Iraq exercises jurisdiction according to item 1 of this
article, members of the U.S. forces and the civilian element have the right
to the legal criteria, procedures and guarantees that are consistent with
those enjoyed under American and Iraqi law. The joint committee will lay
down procedures and mechanisms to implement this article, which includes a
record of major and premeditated crimes that fall under item 1 and
procedures according to the criteria of legitimate trial and guarantees. It
is not permitted to exercise jurisdiction according to the text of item 1
of this article unless the mentioned procedures and mechanisms are in
place.
The U.S. authorities will state according to items 1 and 3 of this article
whether the alleged crime was committed on duty. In cases in which the
Iraqi authorities believe that the circumstances call for revision of this
account, both parties will deliberate immediately via the joint committee,
and the authorities of the U.S. forces will take into full consideration
the facts, the circumstances and any other information the Iraqi
authorities may submit and that might have an effect upon the report of the
authorities of the U.S. forces.
Both parties will review the provisions of this article every six months,
including any suggested amendments of this article, taking into
consideration the security situation in Iraq and how engaged the U.S.
forces are with military operations, the growth and development of the
Iraqi judicial system and changes in the American and Iraqi laws.
Article 13
Carrying Weapons and Wearing Official Uniforms
Members of the U.S. forces and the civilian element have the right to
possess and carry weapons that belong to the U.S. during their presence in
Iraq according to the authorization given to them, the orders given to them
and according to their needs and duties. Also the U.S forces should wear
their official uniforms while on duty in Iraq.
