Agreement regarding the activities and presence of U.S. forces,
and its withdrawal from Iraq
August, 6th, 2008 4:00pm
Foreword
Iraq and the U.S., referred to here as “both sides”, affirm the importance of:
supporting their joint security, participating in global peace and stability,
fighting terrorism, cooperation in the fields of security and defense, and
deterring threats against Iraq’s sovereignty, security, and territorial integrity.
Both sides affirm that this cooperation is based on mutual respect of both
sides’ sovereignty in accordance with the United Nations’ goals and
principles.
Both sides want to achieve mutual understanding to support their
collaboration, without jeopardizing Iraq’s sovereignty over its land, water,
and sky, and based on the mutual guarantees given as equal and
independent sovereign partners.
Both sides have agreed on:
Article One
Scope and goal
This agreement specifies the rules and basic needs that regulate the
temporary presence and activities of the U.S. troops and its withdrawal from
Iraq.
Article Two
Definitions
1- “Installations and areas agreed upon” are the installations and areas
agreed upon owned by the Iraqi government and used by the U.S. forces
from the date this agreement goes into effect. Such installations and areas
agreed upon will be decided in a list provided by the U.S. forces and
reviewed by both sides. Such “installations and areas agreed upon” include
those provided to the U.S. forces during the time of this agreement after the
approval of both sides.
Iraqi suggestion: The Iraqi delegation has asked the U.S. delegation to
submit a list of structures and areas requested to be discussed and agreed
upon and add it to the agreement as an appendix.
2- “U.S. forces” is the entity that includes the members of the armed forces,
civilian members, and all the equipments and materials owned by the U.S.
forces in Iraq.
3- “Members of the armed forces” include any member of the U.S. army,
navy, air force, marines or coast guard.
4- “Civilian members” include any civilian working for the U.S. Ministry of
Defense, excluding those members who usually reside in Iraq.
5- “U.S. contractors” or “workers hired by U.S. contractors” include non Iraqi
persons and entities and employees who are U.S. or third country citizens
and who are in Iraq to supply goods, services or security to the U.S. forces
or on behalf of it in accordance to a contract. This does not include Iraqi
entities.
6- “Official vehicles”: commercial vehicles that may be modified for security
reasons, and are designed originally to transport individuals on different
terrains.
7- “Military vehicles”: include all vehicles used by the U.S. armed forces,
that were originally designed for combat operations, and have special
numbers and signs in accordance to the regulations and laws of U.S. armed
forces.
8- “defense equipment” include systems, weapons, ammunition, equipment,
and materials used in conventional wars only, that the U.S. forces need in
accordance to this agreement, and that are not connected in any way to
weapons of mass destruction (chemical weapons, nuclear weapons,
radiological weapons, biological weapons, and waste related to such
weapons).
9- “storage”: keeping defense equipment needed by the U.S. forces for
activities agreed upon in this agreement.
10- “taxes and custom”: include all taxes, customs (including border
customs), and any other tariffs enforced by the Iraqi government and its
entities and provinces in accordance to Iraqi laws and regulations. This does
not include money paid for the Iraqi government in exchange for services
required or used by the U.S. forces.
Article Three
Rule of Law
All members of the U.S. armed forces and civilian members must follow Iraqi
laws, customs, traditions, and agreements while conducting military
operations in accordance to this agreement. They must also avoid any
activities that do not agree with the text and spirit of this agreement. It is
the responsibility of the U.S. to take all necessary measures to insure this.
Article Four
Responsibilities
For the purpose of deterring external and/or internal threats against the
Republic of Iraq, and to continue the collaboration to defeat Al-Qaeda in Iraq
and other outlaw groups, temporarily, both sides have agreed on:
1- The Iraqi government asks for the temporary help of the U.S. forces to
support Iraq’s effort in maintaining security and stability of Iraq, including
the collaboration in conducting operations against Al-Qaeda and other
terrorist groups and outlaw groups, including the remains of the former
regime.
2- Military operations that are conducted in accordance to this agreement
with the approval of the Iraqi government and with full coordination with
Iraqi authorities. Coordinating such military operations will be supervised by
a joint mobile operations command centers (JMOCC) created in accordance
with this agreement. Any military issues that are not resolved by these
centers are submitted to a joint committee of ministries.
3- Operations must respect the Iraqi constitution and laws, and Iraqi
sovereignty and national interests as defined by the Iraqi government. The
U.S. forces must respect the Iraqi laws, traditions, and customs.
4- Both sides will continue their efforts in collaboration and improving Iraq’s
security capacity, including training, supplying, supporting, founding, and
upgrading administrative systems.
5- There is nothing in this agreement that limits either sides’ rights of self
defense.
Article Five
Property Ownership
1- Iraq owns all non-mobile buildings and structures that are built on the
ground in the installations and areas agreed upon, including those built,
used, enhanced, or changed by the U.S. forces.
2- The U.S. is responsible for all expenses of construction, remodeling,
modification in installations and areas agreed upon used exclusively by the
U.S.. The U.S. forces will consult with the Iraqi authorities regarding the
works of construction, remodeling, and modification. The U.S. will seek the
Iraqi government’s approval for major construction or modification projects.
In case of shared use of installations and areas agreed upon both sides are
responsible for expenses. The U.S. forces will pay the fees of services used
exclusively by the U.S.Both sides cover the expenses of shared installations
and areas agreed upon.
3- In the case of a discovery of historic or cultural sites, or the discovery of a
strategic natural resource, in the installations and areas agreed upon, all
work of construction or modification or remodeling must stop immediately,
and the Iraqi representatives in the joint committee must be informed.
4- The United States will return all installations and areas agreed upon and
any non-mobile buildings that were constructed, remodeled, or modified
under this agreement, according to mechanisms and priorities agreed upon
by the joint committee. They will be returned to Iraq without charge, unless
both sides agree otherwise.
5- The U.S. will return all installations and areas agreed upon that have
special cultural or political importance and that were constructed,
remodeled, or modified under this agreement, according to mechanisms and
priorities agreed upon by the joint committee. When this agreement goes
into effect, the U.S. will immediately return the properties listed in the
attached appendix and mentioned in the letter sent by the U.S. embassy to
the Iraqi minister of foreign affairs dated (...)
6- What remains of installations and areas agreed upon will be returned to
the Iraqi authorities after this agreement expires or if the U.S. forces no
longer needs them.
7- The U.S. forces and U.S. contractors maintain their ownership of all
equipment, materials, supplements, mobile structures, and other mobile
properties imported to Iraq or obtained in Iraq in accordance to the
agreement.
Article Six
Usage of Installations and areas agreed upon
1- Iraq guarantees the accessibility of the U.S. forces and U.S. contractors to
installations and areas agreed upon according to what both sides agree on,
while insuring that Iraq’s sovereignty is not undermined. Installations and
areas agreed upon will be returned to Iraq without charge, unless both sides
agree otherwise.
2- Iraq authorizes the U.S. forces to practice all the authorities and have all
the rights to manage construct, use, maintain, and secure installations and
areas agreed upon. Both sides coordinate and collaborate regarding shared
installations and areas agreed upon.
3- The United States forces control the entrances of the installations and
areas agreed upon. Both sides coordinate their work in shared installations
and areas agreed upon based on mechanisms put by the joint military
operations committee.
Article Seven
Storage of defense equipments
1- The U.S. forces are authorized to store in the installations and areas
agreed upon systems, weapons, ammunition, equipment, and materials used
by the U.S. forces and related to the U.S. temporary mission in Iraq.
Weapons that are used by the U.S. forces are not connected in any way to
weapons of mass destruction (chemical weapons, nuclear weapons,
radiological weapons, biological weapons, and waste related to such
weapons). The U.S. forces control the use and transportation of such
weapons. The U.S. forces guarantees than no weapons or ammunition will
be stored near residential areas, and it will inform the Iraqi government with
important information regarding their amount and types.
Article Eight
Environmental Protection
Both sides agree to implement this agreement while protecting nature and
human security and health. The U.S. complies with Iraqi environmental laws,
and Iraq should comply with its laws and regulations to protect the health of
the U.S. armed forces.
Article Nine
Movement of vehicles, ships, and airplanes
1- U.S. forces’ vehicles and ships are permitted to enter and exit and move
inside Iraqi territories for the purposes of this agreement. The joint
committee puts the appropriate regulations to control this movement.
2- U.S. government airplanes and civilian airplanes contracted with the U.S.
Department of Defense are authorized to fly in the Iraqi airspace, refueling
in the air, landing and departing in Iraq. The Iraqi authorities will give a one
year authorization to the mentioned airplanes to land and depart from Iraq
for the purposes of this agreement. No parties are allowed aboard U.S.
government airplanes and civilian airplanes contracted with the U.S.
Department of Defense and related ships and vehicles without U.S. forces
consent, and they cannot be searched. The joint committee puts the
appropriate regulations to facilitate their movement.
3- Air traffic control and surveillance are handed over immediately to the
Iraqi authorities as soon as this agreement goes into effect.
4- Iraq can ask for the U.S. forces to temporarily take responsibility of the
control and surveillance of the Iraqi airspace, and these tasks will be handed
over to the Iraqi government upon its request. The Iraqi authorities will
participate in the control and surveillance of the Iraqi airspace during the
temporary period.
5- U.S. government airplanes and civilian airplanes contracted with the U.S.
Department of Defense are not subject to taxes or related fees, including
any fees related to flying in Iraqi airspace, refueling in the air, landing and
departing in Iraq. Also, U.S. ships and civilian ships contracted with the U.S.
Department of Defense are not subject to taxes or related fees during using
Iraqi ports. Airplanes and ships are not subject to any search, and all Iraqi
requirements of registration are waived.
6- U.S. forces pay money for any services or materials obtained or received
in Iraq.
7- Both sides exchange maps and other information on mines and other
obstacles in the Iraqi lands and waters that might jeopardize either side’s
movement in Iraq’s land and waters.
Article Ten
Contracting
U.S. forces are permitted to sign contracts in accordance to U.S. law to
obtain materials and services in Iraq, including construction services. U.S.
forces can obtain such materials and services from any source, and they
must respect Iraq laws when signing contracts, and they will choose Iraqi
contractors when possible as long as their bids have the best value. The U.S.
forces will inform the Iraqi authorities of the Iraqi importers and Iraqi
contractors names and the amount of relevant contracts.
Article Eleven
Services and telecommunications
1- U.S. forces are permitted to produce and generate water and electricity
and other services for the installations and areas agreed upon in
coordination with the Iraqi authorities through the joint committee.
2- The Iraqi government owns all frequencies. The Iraqi authorities allocate
special waves for the U.S. forces based on what both sides decide through
the joint committee (JMOCC). The U.S. forces will give these waves back
after it is done with using them.
3- The U.S. forces are permitted to operate their own wired and wireless
telecommunications (according to the definition of wired and wireless
telecommunications in the Convention of the International
Telecommunication Union of 1992), including all the special services needed
to secure the full capacity of telecommunications operations. The U.S.
operates its systems in accordance to the Convention of the International
Telecommunication Union whenever it is possible to implement these
regulations.
4- For the purposes of this agreement, all fees related to the U.S. usage of
telecommunications frequencies are waived, including any administrative or
other related fees.
5- U.S. forces will coordinate with the Iraqi authorities regarding any
telecommunications infrastructure projects outside the installations and
areas agreed upon.
Article Twelve
Legal Jurisdictions
1- The U.S. has exclusive legal jurisdiction over U.S. armed forces members
and civilian members inside and outside installations and areas agreed upon.
Iraqi Suggestion: the Iraqi delegation has suggested the following:
The U.S. has the legal jurisdictions over the U.S. armed forces members and
civilian members inside installations and areas agreed upon at all times, and
outside the installations and areas agreed upon while conducting missions
except for intentional crimes and major mistakes.
U.S. suggestion: The U.S. delegation suggested the following:
As a temporary regulation, and until the withdrawal of the U.S. combat
forces is complete as indicated in paragraph 1 of article 26, until the combat
missions are over the U.S. has the exclusive legal jurisdiction over U.S.
armed forces members and civilian members inside and outside installations
and areas agreed upon.
2- The U.S. will give its full attention to any complaint submitted by Iraq
over intentional crimes and major mistakes that break Iraqi laws committed
by U.S. armed forces members and civilian members. All complaints
submitted by the Iraqi legal authorities will be dealt with by the joint
committee and settled by mutual agreement of both sides.
Iraqi Suggestion: the Iraqi delegation has suggested the following:
Iraq has legal jurisdiction over U.S. armed forces members and civilian
members who commit intentional crimes or major mistakes that break the
Iraqi laws. The related joint committee concerning jurisdictions takes the
appropriate action to solve disputes based on mutual agreement.
3- Iraq has legal jurisdiction over U.S. contractors and their employees when
they break Iraqi laws.
4- U.S. forces will inform the Iraqi authorities of any criminal investigations
that relate to members of the U.S. armed forces or civilian members
involved in a crime against a victim that usually lives in Iraq. Both sides put
the appropriate regulations to contact people related to incidents, provide
details of the case and court dates, and help persons involved contact
lawyers in accordance to article 21 of this agreement. The U.S. will work on
holding the court in Iraq when that is appropriate and when both sides agree
on it. In case the court was based in the U.S., the United States will make its
best effort to facilitate bringing victims into the court.
5- Both sides agree to help each other in incidents’ investigations and
collecting evidences to support a fair judgment.
6- All members of U.S. armed forces or civilian members who get arrested
by the Iraqi authorities must be surrendered immediately to the U.S. forces
authorities.
Iraqi Suggestion: the Iraqi delegation has suggested the following:
All members of U.S. armed forces or civilian members who get arrested by
the Iraqi authorities must be surrendered to the U.S. forces authorities
within 24 hours.
Article Thirteen
Bearing guns and wearing uniforms
U.S. armed forces members and civilian members are authorized to carry
U.S. government guns during their presence in Iraq based on the authorities
and orders given to them. U.S. armed forces members are also permitted to
wear their official uniforms during duty in Iraq.
Article Fourteen
Entering and Exiting
1- For the purposes of the agreement, U.S. armed forces members and
civilian members can enter and exit Iraq from official borders using U.S.-
issued ID cards. The joint committee puts a mechanism for the Iraqi
verification process.
2- For purposes of verification the U.S. forces will submit to the Iraqi
authorities a list with the names of U.S. armed forces members and civilian
members entering and exiting Iraq or through the Installations and areas
agreed upon.
3- The Iraqi entering and exiting laws can be implemented on others, but
not on the U.S. armed forces members and civilian members.
Article Fifteen
Importing and Exporting
1- For the purposes of the agreement, including training and services, the
U.S. forces and their contractors are permitted to import into Iraq and
export from Iraq and re-export from Iraq and transport and use any
equipments, supplements, materials, technology, training, or services except
for those materials banned in Iraq at the time of signing this agreement.
These materials are not subject to search or to license requirement or any
other limitations. Exporting Iraqi goods by the U.S. forces is not subject to
search or any other limitations either except the license discussed later in
this agreement. The joint committee will coordinate with the Iraqi ministry of
trade to facilitate getting the required export license in accordance to the
Iraqi laws related to exporting goods by U.S. forces.
2- U.S. forces members and civilian members are permitted to import, re-
export, and use their personal equipment and materials for consumption or
personal use. Such materials are not subject to any licenses, limitations,
taxes and customs or other fees defined in paragraph 10 of article 2, except
for required or obtained services. The amount of imports must be reasonable
and for personal use. The U.S. forces authorities will put the needed
regulations to insure no materials or articles of cultural or historical value are
exported.
3- Materials mentioned in paragraph 2 will be searched in a speedy fashion
in a specific location agreed upon according to the joint committee.
4- If the tax exempt materials in accordance to this agreement were to be
sold in Iraq to individuals or entities not included in tax exemption, taxes
and customs as defined in paragraph 10 of article 2 are to be paid by the
buyer.
5- It is not permissible to import any of the materials mentioned in this
article for commercial reasons.
Article Sixteen
Taxes
1- Services and goods obtained by U.S. forces in Iraq for official use are not
subject to taxes and fees as defined in paragraph 10 of article 2.
2- U.S. forces members and civilian members are not subject to any taxes or
fees in Iraq except for services obtained or requested by them.
Article Seventeen
Licenses and Permits
1- Iraq agrees to accept valid U.S.-issued drivers’ licenses held by U.S.
forces members, civilian members and U.S. contractors without subjecting
them to any tests or operation fees for vehicles, ships, and airplanes owned
by the U.S. forces in Iraq.
2- Iraq agrees to accept valid U.S.-issued drivers’ licenses held by U.S.
forces members, civilian members and U.S. contractors to operate their
personal cars in Iraq without subjecting them to any tests or fees.
Article Eighteen
Official and Military Vehicles
For the purposes of this article:
1- Officials vehicles are commercial vehicles that might be modified for
security reasons, and they will carry Iraqi license plates to be agreed upon
by both sides. Iraqi authorities will issue, based on a request by the U.S.
forces authorities, license plates for U.S. forces official cars without fees, and
U.S. forces will reimburse the Iraqi authorities for the cost of these plates.
2- Iraq agrees to accept the validity of U.S.-issued licenses and registrations
for the U.S. forces official vehicles.
3- All U.S. military vehicles are exempt from registration and licenses
requirements. These vehicles will be identified with distinguishable numbers
and signs.
Article Nineteen
Support Services
1- U.S. forces, or others acting on its behalf, are permitted to create and
manage activities and entities inside the installations and areas agreed upon.
This includes providing services to U.S. forces members, civilian members,
and their contractors. These activities and entities might include military
post offices, financial services, stores selling food, medicine, goods and other
services, and it includes other areas providing entertainment and
telecommunications. All of the mentioned services do not require a permit.
2- Radio, media, and entertainment activities that reache beyond the
installations and areas agreed upon must comply with Iraqi laws.
3- Support services are for the exclusive use of the U.S. forces members,
civilian members, their contractors, and other entities to be agreed upon.
U.S. forces will take the required measures to ensure none of the mentioned
support services are misused, and to insure services and goods will not be
re-sold to unauthorized individuals. The U.S. forces will limit radio and TV
broadcasting to authorized receivers.
4- Entities and facilities offering services indicated this is article enjoy the
same tax exemptions offered to the U.S. forces, including those exemptions
mentioned in articles 15 and 16 of this agreement. These entities and
facilities offering services are to be operated in accordance to U.S.
regulations, and will not be obligated to collect or pay any taxes or fees on
its operations.
5- Outgoing mail, sent through military postal services, is verified by the
U.S. authorities and is exempt from being searched, examined, or
confiscated by the Iraqi authorities.
Article Twenty
Currency and Foreign exchange
1- U.S. forces are permitted to use any amount of U.S. currency or bonds for
the purposes of this agreement. Using Iraqi currency in U.S. military banks
must be in compliance with Iraqi laws.
2- U.S. forces are permitted to distribute or exchange any amount of
currency to the U.S. forces members, civilians’ members, and their
contractors for purposes of travelling, including vacations.
3- U.S. forces will not take Iraqi currency out of Iraq, and will take all
required measures to insure none of the U.S. forces members, civilian
members, or their contractors take Iraqi currency out of Iraq.
Article Twenty One
Claims
1- Except for contract related claims, both sides waive their rights to request
compensation because of any harm, loss, or destruction of property, or
request compensation for injury or death of forces members or civilian
members from both sides occurring during their official duties.
2- Us forces authorities will pay fair and reasonable compensation to settle
third party claims arising due to a member of the armed forces or civilian
members during their official duties, or due to non-combat accidents caused
by U.S. armed forces. The U.S. forces’ authorities may settle claims caused
by non-official duties actions. Claims must be dealt with urgently by the U.S.
forces’ authorities in accordance to U.S. laws and regulations. When settling
claims, the U.S. forces authorities will take in consideration any investigation
reports, opinions regarding responsibility, or opinions regarding amount of
damages issued by the Iraqi authorities.
3- The joint committee will study issues related to claims resulting from
paragraph 1 and 2 of this article and find resolutions in accordance to U.S.
and Iraqi laws.
Article Twenty Two
Detention
1- All detention operations in this agreement must be conducted in
accordance to the Iraqi law, constitution, sovereignty and national interest
as decided by the Iraqi government in accordance to the international law.
2- All individuals detained by U.S. forces must be prepared to be handed
over to the Iraqi authorities within 24 hours.
3- No detention operations can take place without a warrant issued by the
specialized Iraqi authorities in accordance to the Iraqi law.
4- When Iraqi authorities conduct detention operations, they may ask for the
help of the U.S. forces.
5- Detainees are kept in locations prepared by the Iraqi authorities and
under its exclusive supervision and control.
6- U.S. forces are not permitted to search houses and other properties
without a judicial warrant, unless there was an active combat operation, and
in coordinating with the specialized Iraqi authorities.
Article Twenty-three
Extending this agreement to other countries
1- Iraq may reach an agreement with any other country participating in the
Multi-National forces to ask for their help in achieving security and stability
in Iraq.
2- Iraq is permitted to reach an agreement that includes any of the articles
mentioned in this agreement with any country or international organization
to ask for help in achieving security and stability in Iraq.
Article twenty-four
Implementation
The following entities are responsible of the implementation of this
agreement and the settlement of any disputes over its interpretation and
application:
1- A joint committee of ministers from both sides that deal with the basic
issues needed to interpret the implementation of this agreement.
2- A joint committee to coordinate military operations. This committee will
be formed by the joint committee of ministers and includes representatives
from both sides. The joint committee to coordinate military operations will
be jointly led by both sides.
3- A joint committee formed by both sides that includes representatives
chosen by both sides. This committee deals with all issues related to this
agreement that do not fall under the mandate of the joint committee to
coordinate military operations; this committee will jointly led by both sides.
4- Sub-committees in all different areas created by the joint committee.
Subcommittees will discuss issues related to interpretation and
implementation of this agreement each in accordance to its expertise.
Article twenty-five
Implementation Arrangements
Both sides enter into implementation arrangements to execute this
agreement.
Article Twenty Six
Targeted times to hand over complete security responsibilities to the Iraqi
security forces, and withdrawal of U.S. forces from Iraq
Iraqi Suggestion: the Iraqi delegation has suggested the following title to
this article:
Transferring security responsibilities to Iraqi authorities, and the withdrawal
of the U.S. forces from Iraq
U.S. Suggestion: the U.S. delegation has suggested combining paragraphs 1
and 2 as follows:
1- Both sides have agreed on the following time targets to handover
complete security responsibilities to the Iraqi security forces and the
withdrawal of the U.S. forces from Iraq:
A- U.S. combat troops will withdraw from Iraq completely at the latest on
(...)
B- U.S. forces will withdraw from all cities, towns, and villages at latest by
June 30, 2009 unless the Iraqi authorities request otherwise.
 Note: the head of the U.S. delegation offered to accept the new title only if
their combined paragraph is accepted, and he linked the two as one deal.
3- All U.S. combat troops regroup in installations and areas agreed upon
after the date mentioned in paragraph 2 of this article.
4- After the withdrawal of all combat troops as mentioned in paragraph 1 of
this article, the rest of these forces will stay based on a request from the
Iraqi government in accordance to this agreement. The joint committee for
operations and coordination will determine the tasks and level of the troops
that will focus on training and supporting Iraqi security forces.
5- Both sides review the progress towards achieving dates mentioned in this
article and the conditions that might lead to one side asking the other to
extend or reduce the time periods mentioned in paragraph 1 and paragraph
2 of this article. Any extension or reduction of the time period is subject to
both side's approval.
6- U.S. forces may withdraw from Iraq before the dates indicated in this
article if either of the two sides should so request. Both sides recognize the
Iraqi government's sovereign right to request a withdrawal of U.S. forces at
anytime.
Article Twenty-Seven
Contract Validity
1- This agreement is valid for (...) years unless it is terminated earlier based
on a request from either sides or extended with the approval of both sides.
2- This agreement can be modified with the written approval of both sides
and in accordance to constitutional procedures in both countries.
3- Cancellation of this agreement requires a written notice provided on year
in advance.
4- This agreement goes into effect on the day that diplomatic memos
confirming all constitutional procedures have been met in both countries are
exchanged.
5- These memos will be exchanged before the expiration of UN resolution
number 1790 at latest by December 31st, 2008.
Representative of the Iraqi government        Representative of the U.S.
                                              government
[Editor’s note: Raed Jarrar, an American Friends Service Committee Iraq
consultant, translated this agreement.]
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