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US-Iraqi Agreement: Leaked ／Full Text
Raed in the Middle, Raed Jarrars Blog ２００８年９月１日付
US-Iraqi Agreement: Leaked
ＦＡ（status of forces agreement）』、あるいは枠組みなどと呼ばれているも
Agreement Regarding the Activities and Presence of U.S. forces,
and its Withdrawal from Iraq
August, 6th, 2008 4:00pm
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
’ sovereignty in accordance with the United Nations’ goals and
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:
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
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
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.
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
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.
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
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
’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.
- 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
’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
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
’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
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
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
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.
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.
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
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.
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.
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.
- 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
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.
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
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
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.
Baring 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.
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
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
3- The Iraqi entering and exiting laws can be implemented on others, but
not on the U.S. armed forces members and civilian members.
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
5- It is not permissible to import any of the materials mentioned in this
article for commercial reasons.
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.
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.
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.
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.
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
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
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.
- 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
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
- 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
The following entities are responsible of the implementation of this
agreement and the settlement of any disputes over its interpretation and
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
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
Both sides enter into implementation arrangements to execute this
Article Twenty Six
Targeted times to handover 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
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 sides 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 governments sovereign right to request a withdrawal of U.S.
forces at anytime.
Article Twenty Seven
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
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
5- These memos will be exchanged before the expiration of UN resolution
number 1790 at latest by December 31st, 2008.
Translated from the original Arabic by Raed Jarrar - Visit his blog
Representative of the Iraqi government Representative of the U.S.
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