イラク戦争に関する世界情勢のニュース

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公表されない地位協定に米議員が疑義

差出人: 山本史郎さん
送信日時 2008/11/21 22:08
ML.NO [URUK_NEWS:1951]
本文:

URUK NEWS イラク情勢ニュース           (転送・紹介歓迎)
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2008/11/21 (金)

  [飛耳長目録 todays news list]

☆公表されない地位協定に米議員が疑義 2008/11/21
☆参考: アラビア語からの非公式英訳 アメリカ・イラク間の軍事協定


--------------------------------------------------------------------
☆★公表されない地位協定に米議員が疑義
イラク情勢ニュース 速報&コメント 11月21日
--------------------------------------------------------------------

 イラク政府が閣議で米軍地位協定を承認いたことから、その後のイラク議会は
紛糾のなかで休会になったものの、いずれ承認されるものと推測されている。正
式に発効されるまでには、大統領評議会(大統領と副大統領2人で構成。いずれ
も拒否権を持つ)の承認も得なければならない。ところでこの協定には秘密協定
があるというレポートを前に紹介したことがあるが、今の段階にいたるも公式の
英語版が公表されないという不可思議なことになっている。それも「秘密協定」
云々に関係しているのかもしれない。 以下、ロイターの報道から。


※米議員がブッシュを非難、イラクの協定には秘密がある
Lawmaker accuses Bush of secrecy over Iraq deal
Ross Colvin
http://www.reuters.com/article/newsOne/idUSTRE4AI8OT20081119

 ロイター/11月19日、ワシントン発 −− 19日に議会の公聴会で明ら
かにされたが、イラクとの間で調印した安全保障協定の全文が既にイラクの新聞
に掲載されたにもかかわらず、アメリカ政府はこの協定を公開することを拒否し
ている。

 ゲーツ国防長官とライス国務長官は、17日に調印された協定について米下院
議員に秘密のブリーフィングをおこなった。米軍のイラク撤退期限を2011年
とした協定のことである。

 ビル・デラハント議員(国際機関と人権に関する外交小委員会委員長)は、ブ
ッシュ政府が1年もかかった交渉期間中には議会に諮問することを拒否したこと
から、そのブリーフィングの前に、「後になっての思いつきで、侮辱している」
と批判した。

 政府はこの協定は議会の承認を必要としないと言ってきた。協定を最終決定す
ることが急がれてきたが、国連決議にもとづく米軍の任務が12月31日に期限
切れになる前に、イラクの議員たちの承認も必要である。

 イラクとの二国間協定に調印するより国連決議を更新すればよいとブッシュ大
統領に要請してきたデラハントは、米軍地位協定について8回の公聴会を開催し
た。

 彼の話では、ブッシュ政府は「時期的に微妙」として、公聴会出席への招待を
断った。彼の小委員会で証言した専門家は、安保協定の非公式な英訳に頼ること
を強いられた。

 「今でさえ、国家安全保障会議はこの文書を証人に提示せず、国民にも公表し
ないよう要求している。現在、信じがたいことに、イラク政府がその文書を報道
機関のウェブサイトに掲載させているのにである」とデラハント(民主党、マサ
チューセッツ選出)は指摘した。

 彼が言及したのはイラクの政府系新聞『アル・サバフ』紙のことで、同紙に掲
載された協定のアラビア語文書が非公式の英文訳の原典である。

 下院の外交院長であるハワード・バーマン議員(カリフォルニア選出、民主党
)は、「イラク国民に布告されている文書には、なにか変なところがあって、こ
の協定の英語版を配布することはできないと告げられている」と話した。

 合同軍センター

 非公式の版によると、アメリカとイラクは米軍のすべての攻撃作戦を監督・調
整するために合同委員会を設立することになっている。

 翻訳された文書には、「この合意に準じて遂行されるすべての軍事作戦は、イ
ラク政府の同意を得て指揮されなければならない。この種の作戦は完全にイラク
当局との間で調整されなければならない」と書かれている。

 カリフォルニア大学バークレー校の法学教授オーナ・ハサウェイは、協定は合
同委員会に米軍の作戦に関する運用指揮権を与えたみたいだと指摘した。もしそ
うなら、「前例のない特異なこと」であろう。

 「大統領はみずから合意に踏み込むことができるが、この協定は大統領の独立
した憲法上の権力が及ばなくなる」とハサウェイは言った。

 彼女が言うには、協定の合法性を脅かしているのは、その言葉遣いのあいまい
さから生じている。標準的な地位協定は数百ページに及ぶが、イラクとの協定は
わずか20ページかそこらだと彼女は述べた。

 議論になっている米軍兵士に対するイラク側の犯罪訴追権について、非公式の
英語版には、「そのような犯罪が任務遂行中ではなく、また合意された施設(基
地など/訳注)の外で発生したとき」、イラクが訴追権を持つだろうと書かれて
いる。そこでは「任務遂行中」という言葉が定義されていない。

 しかし、イラク軍に逮捕・拘束されたいかなる米軍兵士も、審理中は米軍の拘
束施設に入れられる、と協定は書いている。

 将来においては、米軍はイラク側の承認なしにイラク人を逮捕できなくなり、
そのような被拘束者は24時間以内にイラク側当局に引き渡されなければならず
、その条件は軍事作戦を複雑にする可能性がある−−元国務省の法律顧問ミッシ
ェル・マチソンが述べた。




--------------------------------------------------------------------
☆★参考: アラビア語からの非公式英訳
 アメリカ・イラク間の軍事協定
Unofficial Translation of U.S.-Iraq Troop Agreement from the Arabic Text
--------------------------------------------------------------------
http://www.mcclatchydc.com/iraq/story/56116.html

McClatchy Newspapers
2008年11月18日掲載

 これは、『マクラッチ』バグダッド総局のスタッフによって、アラビア語から
英語に翻訳された非公式の英語訳である。

Translated from the Arabic by Sahar Issa, Jenan Hussein and Hussein Kadhim
of the McClatchy Baghdad Bureau.


An Agreement between the Republic of Iraq and the United States of America
regarding the Withdrawal of the American Forces from Iraq and Regulating
their Activities During their Temporary Presence in it


PREFACE


The United States of America and the Republic of Iraq - which will
hereafter be referred to as the two parties - recognize the importance of
strengthening their joint security and participating in global peace and
stability, fighting terrorism in Iraq and cooperating in the fields of
security and defense to deter aggression and threats directed towards the
sovereignty and unity of Iraq and its constitutional, federal, democratic
system;

They hereby confirm that this cooperation is built upon the basis of mutual
respect for each others full sovereignty and according to the objectives
and principles of the UN mandate;

And according to the wish of both parties to reach a mutual understanding
to enhance cooperation between them;

Without encroaching upon the sovereignty of Iraq, upon its soil, water or
airspace, and upon the basis of being two independent, equal states of
sovereignty, have agreed to the following:


Article One


Scope and Purpose


This agreement defines the basic rules and requirements that regulate the
temporary presence of the American Forces in Iraq, their activities in it
and their withdrawal from Iraq.


Article Two


Definition of Terms



"The installations and areas agreed upon" refers to the Iraqi areas used by
the U.S. Forces while this agreement is valid."

"U.S. Forces" refers to the entity that includes all the personnel of the
American Armed Forces, the civilian personnel connected to them and all
their possessions, installations and equipment present on Iraqi territory.

"Member of the U.S. Forces" refers to any person that belongs to the army
of the United States, its navy, air force, marine force or coast guard.

"Civilian element member" refers to any civilian working for the U.S.
Department of Defense. And this term does not include the personnel usually
resident in Iraq.

Contractors with the U.S government" and "those who work for the
contractors with the United States of America" refer to the legal non-Iraqi
persons or entities and their workers who are either American citizens or
third country citizens present in Iraq to provide commodities, services and
security for the U.S. Forces or on behalf of them, in Iraq, according to a
contract or a sub-contract with or for the U.S. Forces. These two terms do
not include the legal persons or entities usually resident upon Iraqi soil.

"Official vehicles" refers to the commercial vehicles that may be modified
for security purposes, and that are designed originally to transport
individuals on different terrains.

"Military vehicles" refers to all manner of vehicles used by the U.S.
Forces that were originally designed for combat operations and carry
special distinctive numbers and signs.

"Defense equipment" refers to the systems, weapons, ammunition, supplies
and materials used in traditional warfare exclusively, that the U.S. needs
in connection to the activities agreed upon in this agreement, and that are
not related directly or indirectly to the weapons of mass destruction
systems (chemical weapons, nuclear weapons, radiological weapons,
biological weapons and the wastes connected to such weapons).

"Storing" refers to keeping the defense equipment that the U.S. needs in
relation to its activities agreed upon in this agreement.

"Taxes and charges" refers to all the taxes and charges (including customs
tariffs) and all charges of any kind that the Iraqi government, its
establishments or provinces levies in accordance with the Iraqi laws and
regulations. This term does not refer to the funds that are collected by
the Iraqi government, its establishments or provinces for services
requested by and rendered to the U.S Forces.


Article 3


The Laws



U.S. troops and the members of the civilian element commit to the necessity
of respecting Iraqi laws, customs, traditions and conventions while
conducting military operations in accordance with this agreement, and will
refrain from any activities that are not compatible with the spirit of this
agreement. The U.S. is obliged to take all the necessary measures for this
purpose.

With the exception of U.S. troops and the members of the civilian element,
it is not permitted for the U.S. to transport anyone into Iraq or out of it
on board the ships or aircraft included in this agreement unless in
accordance with valid Iraqi laws and regulations including any executive
arrangements that the Iraqi government may agree to.


Article 4


The Missions



The Iraqi government requests temporary assistance from the U.S. Forces to
support its efforts in keeping peace and stability in Iraq, including
cooperation in conducting operations against al Qaida and other terrorist
groups and outlaw groups and the remnants of former regime.

All military operations conducted in accordance with this agreement are
conducted with the approval of the government of Iraq. Full coordination
will take place with the Iraqi authorities regarding these operations and
the Joint Military Operations Coordination Committee (JMOCC), which is to
be formed according to this agreement, is to supervise the coordination of
all the military operations. Any issues regarding proposed military
operations that the Committee cannot resolve will be referred to the Joint
Ministerial Committee.

All these operations will be conducted with the necessity of fully
respecting the Iraqi Constitution and Iraqi Law, and conducting these
operations will be without overstepping the sovereignty of Iraq and its
national interests as determined by the Iraqi government. It is the duty of
the U.S. to respect the laws of Iraq, its customs and traditions and valid
international law.

The two parties will continue their efforts to enhance Iraqs security
capabilities, as agreed upon by both sides, including training, provision,
support, supply, building and updating logistic systems, including
transport, accommodations and provisions for the Iraqi security forces.

Both parties retain the right to legitimate self defense within Iraq as is
described in valid international law.


Article 5


Ownership of Property



Iraq owns all the buildings and installations, the nontransferable
structures on the ground that are located in the areas and installations
agreed upon, including those the U.S. utilizes, constructs, changes or
improves.

At withdrawal, the U.S. will return all the installations and the agreed
upon areas allocated for the use of the U.S. combat forces according to two
lists (of inventory) to the Iraqi government. The first of these is to be
submitted covering the installations and agreed upon areas as soon as the
agreement is implemented. And the other list is to be submitted no later
than June 30, 2009, the appointed date for U.S. Forces withdrawal from
cities, towns and villages. And the Iraqi government has the right to
permit the U.S. Forces to use some necessary installations for this
agreements purposes at withdrawal.

The U.S. bears all the costs of building, modification or renovation in the
installations and agreed upon areas allocated for their exclusive use. The
U.S. will consult with the Iraqi government as to building, modification or
renovation works and must seek the approval of the Iraqi government
regarding major modifications and construction projects. And in cases of
joint utilization of installations and agreed upon areas, both parties will
bear the cost of construction, modification or renovation according to the
percentage of use.

The U.S. will bear the cost of the services it requests and receives in the
installations and agreed upon areas for its exclusive use. And both parties
will bear the cost for requested and received services in the installations
and agreed upon areas and according to percentage of each partys use.

When a historical or cultural site is discovered, or a strategic resource
is found within the installations and agreed upon areas, all construction,
modification and innovation works are to stop immediately, and the Iraqi
representatives in the Committee are to be informed in order to determine
the appropriate steps in regard to it.

The U.S shall return the installations and agreed upon areas and any other
installations, or non-transportable structures that it erected, fixed or
used during the validity of this agreement according to mechanisms and
priorities defined by the Joint Committee; and these installations and
areas are to be returned to the Iraqi government free of debts and any
financial obligations.

The U.S. Forces shall return to the Iraqi government the installations and
agreed upon areas of traditional, moral and political importance and any
other fixed structures that the U.S. Forces may have built, assembled, or
installed according to mechanisms and priorities and a time period to be
agreed upon in the Joint Committee, and with no financial obligations.

The U.S. shall return the rest of the installations and agreed upon areas
to the Iraqi government when the validity of this agreement comes to an end
or when it is terminated, or at any time prior to that, agreed upon by the
two parties, or when the U.S. no longer needs the installations in
accordance to what the Committee decrees, without debt or financial
obligations.

The U.S. and the contractors with the U.S. retain the ownership of all the
equipment, materials, supplies, transportable installations and other
transportable property imported to Iraq or acquired in Iraq legitimately
and in connection to this agreement.


Article 6


Usage of the Installations and the Agreed Upon Areas



With full respect for the sovereignty of Iraq, in the framework of
exchanging points of view between the two parties regarding this agreement,
Iraq guarantees that the U.S. Forces and contractors with the U.S Forces
and the workers employed by these contractors and the personnel and other
entities can reach and use the installations and agreed upon areas
according to what both parties agree upon.

Iraq permits the U.S. Forces, according to this agreement, to exercise
inside the installations and agreed upon areas all rights and authorities
that may be necessary to build, use and secure these installations and
agreed upon areas. Both parties are to coordinate and cooperate as to how
these rights and authorities may be practiced in the installations and
agreed upon areas that are joint utilities.

The U.S Forces control the entrances to the installations and agreed upon
areas that are allocated for their exclusive use. Both parties are to
coordinate the control of the installations and agreed upon areas of joint
use, and according to mechanisms approved by the Joint Committee to
coordinate joint military operations. Both parties are to coordinate the
guard missions in the areas adjacent to the installations and the agreed
upon areas through the Joint Committee for coordination of military
operations.


Article 7


Installing and Storing Defense Equipment



U.S. Forces may install inside the installations and agreed upon areas and
in other temporary sites agreed upon by both parties, defense equipment and
supplies and materials the U.S. Forces need in connection to activities
agreed upon in this agreement. The U.S. is to use and store this equipment
in a manner appropriate to their temporary mission in Iraq and in
accordance with article four of this agreement, on condition that it has no
direct or indirect connection to weapons of mass destruction (chemical
weapons, nuclear weapons, radiological weapons, biological weapons and the
wastes related to such weapons). And the U. S. is to control the use and
transport of the defense equipment owned by it that is stored in Iraq. It
(the U.S.) is to guarantee that no explosives or ammunition are to be
stored in installations near residential areas, and that it is to move
materials stored in installations near residential areas. The U.S. is to
provide the Iraqi government with the necessary information regarding the
quantities and types of these stored materials.


Article 8


Environmental Protection



Both parties are to execute this agreement in a manner consistent with
protection of the natural environment, health and human security. And the
U.S. commits again to respecting the laws of the environment and Iraqi laws
in implementing its policies for the purposes of this agreement.


Article 9


Movement of Vehicles, Ships and Planes



With full respect for the rules of safety in land and marine movement,
vehicles and ships used by the U.S Force and those that are administered on
its account exclusively, may enter and depart and move within Iraqi
territory for the purposes of implementing this agreement. The Joint
Committee is to coordinate joint military operations and lay down the
appropriate rules and procedures to facilitate and regulate the movement of
vehicles.

With full respect for the related rules of safety in flight and aviation,
permission will be given for the aircraft of the U.S. government and the
civilian aircraft at the time to fly in the Iraqi airspace that are
operating in accordance with a contract with the Department of Defense of
the U.S. exclusively, and to re-fuel in the air exclusively for the
purposes of implementing this agreement; and to land and take off within
Iraqi territory for the purposes of implementing this agreement. Iraqi
authorities will annually issue a permit for the aforementioned aircraft to
land on Iraqi territory and take off from it for the exclusive purpose of
implementing this agreement. The aircraft, ships and vehicles of the U.S
government and the civilian aircraft exclusively working at the time in
accordance with a contract with the U.S. Department of Defense will not
permit any party aboard them without the consent of the U.S. Forces
authorities, and the related joint subcommittee is to agree upon the
appropriate procedures to facilitate regulating the traffic.

Iraqi airspace control and monitoring will be transferred to the Iraqi
authorities immediately as this agreement becomes valid.

The Iraqi government has the right to request the temporary support of the
U.S. Forces for the Iraqi authorities in controlling and monitoring Iraqi
airspace.

U.S. government aircraft and civilian aircraft at that time working in
accordance with a contract with the U.S. Department of Defense exclusively
are exempt from any taxes, or any similar charges including the flight,
aviation, landing or waiting at the airport charges by the Iraqi
government. And also exempt from any taxes, government collections or any
other charges are the vehicles owned by the U.S. Forces or are being used
exclusively by the U.S. Forces for the purposes of implementing this
agreement. And this includes the ports run by the Iraqi government, and
these vehicles, aircraft and ships are exempt from registration demands
inside Iraq.

U.S Forces are to pay for any services it requests and obtains.

Each of the two parties is to provide the other party with maps and other
available information regarding locations of mine fields and other
obstacles that may obstruct movement within the Iraqi land and waters or
endanger it.


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 governments 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 Iraqs sovereign right in defining and enforcing the
principles of criminal and civilian law on its land and in view of Iraqs
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 accuseds 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 victims 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.


Article 14


Entry and Departure




For the purposes of this agreement, members of the U.S. forces and members
the civilian element may enter and depart Iraq through the formal passages
of entrance and departure. They need only to carry identification and
travel orders issued to them from the United States. The joint committee
handles the task of laying down procedures and mechanisms to check which
the specialized Iraqi authorities will implement.

Iraqi authorities have the right to check and verify the names on lists of
members of the U.S forces and the civilian element entering Iraq and
departing directly into and out of the installations and areas agreed upon.
These lists are to be delivered to the Iraqi authorities by the U.S forces.

For the purposes of this agreement, members of the U.S forces and the
civilian element may enter and depart Iraq via the installations and areas
agreed upon and will not be required to submit anything other than their
identification issued in the United States. The joint committee is to lay
down the procedures and mechanisms for checking and verifying these
documents.


Article 15


Importing and Exporting



For the purposes of implementing this agreement exclusively U.S. forces and
contractors with the U.S. forces may import into Iraq and export from it
materials that have been bought inside Iraq, and they have the right to
re-export and transport and use in Iraq any equipment, supplies, materials
and technology on the condition that the materials they import or bring are
not prohibited inside Iraq, from the date this agreement takes effect.
Importing such materials and re-exporting, transporting and using these
materials would not expose them to searches. Also these materials are not
subject to licensing or any other restrictions or taxing or customs or any
other charges imposed in Iraq in accordance with the definition in item 10
of article 2. U.S authorities have to file to the Iraqi authorities the
suitable documents ensuring that these materials are imported by the U.S
forces or those contractors with the U.S. forces for the use of the U.S.
forces in implementing this agreement exclusively. According to available
security information, the Iraqi authorities have the right to ask the U.S
forces, in their presence, to open any container which has imported
materials to check its contents. The Iraqi authorities will respect while
submitting its request the security requirements of the U.S. forces and
will accept if the U.S. forces requested that the verification operations
should be carried out in the installations used by the U.S. forces. Iraqi
goods exported by the U.S. forces and the contractors with the U.S. forces
are not subject to any searches or any restrictions except the requirements
of a license. The joint committee with the Ministry of Trade according to
the Iraqi law will facilitate the requisition of a license for the purpose
of the U.S forces to export goods or commodities that they have bought in
Iraq for the purposes of this agreement. Iraq has the right to request a
review of any matter related to the implementation of this item. The two
parties are to discuss immediately such cases via the Joint Committee, or
if necessary, via the Joint Ministerial Committee.

Members of the U.S forces and members of the civilian element can import,
re-export, and use the materials and personal equipment for consumption or
personal use. Importing, re-exporting, transporting and using such imported
materials in Iraq is not subject to licensing, or any restrictions, taxes,
collections, or any other charges imposed in Iraq as is illustrated in item
10 of article 2. The amount of the imports should be reasonable and
suitable for personal use. The U.S authorities should take measures to
guarantee that any valuable cultural materials or historical materials
related to Iraq are not exported.

Any searches referred to in item 2 by the Iraqi authorities must be carried
out quickly in an agreed upon location according to the procedures laid
down by the Joint Committee.

Taxes and custom fees, as defined in item 10 of article 2, will be levied
upon any imported material that is exempt from custom fees and any other
fees according to this agreement and any other fees at the point of sale to
individuals or entities not included in the tax exemption or special
privileges for import. The buyer should pay these taxes and fees, including
the customs fee, for the materials that have been sold. The amount of tax
and customs paid will be estimated at the time of their sale inside Iraq.

Importing and using the materials referred in the above mentioned items of
this article are prohibited for commercial purposes.


Article 16


Taxes


No taxes, charges or government duties are levied as defined in item 10 of
article 2, which are estimated and levied on Iraqi territory for
commodities and services bought inside Iraq by the U.S. forces or on their
behalf for official purposes. And no other levy is placed on commodities
and services that are bought inside Iraq on behalf of the U.S. forces.

Members of the U.S forces and the civilian element do not bear the
responsibility of paying any tax, charge or government collection whose
value is determined and levied inside the Iraqi territory unless in
exchange for services requested and rendered.


Article 17


Licenses and Permits


Valid driving licenses issued by U.S authorities to the members of the U.S.
forces and the civilian element and employees of contractors with the
United States are accepted by the Iraqi authorities. Those who carry these
licenses do not have to take a test or pay any fee to drive their vehicles,
ships and planes that belong to the U.S forces in Iraq.

The valid driving licenses issued by the U.S authorities to the members of
the U.S forces and the civilian element and the employees of the
contractors with the United States are accepted by the Iraqi authorities
when they use their own cars on Iraqi territory without taking a test or
paying a fee.

All the professional licenses issued by the U.S authorities to the members
of the U.S forces and the civilian element and employees of contractors
with the United States are accepted by the Iraqi authorities on the
condition that these licenses are related to the services they perform
within the frame of performing their official or contracted duties to
support the U.S forces and the members of the civilian element and
contractors with the United States and the employees who work for those
contractors, according to the conditions agreed upon by both parties.


Article 18


Military and Official Vehicles



The official vehicles are to carry Iraqi license plates, which are agreed
upon between the two parties. The Iraqi authorities, upon the request by
the authorities of the U.S. forces, will issue license plates for the
official vehicles of the U.S forces without fees and according to
procedures approved by the Iraqi armed forces. The U.S authorities pay the
Iraqi authorities the cost of the license plates.

Licensing and registration authorizations issued by the authorities of the
U.S forces for official vehicles of the U.S. forces are accepted by the
Iraqi authorities.

Military vehicles used by the U.S. forces exclusively are exempt from the
licensing and registration requirements and these vehicles are to be marked
by clear numbers.


Article 19


Support Activities Services


The U.S forces or those who act on behalf of the U.S forces have the right
to build and administer activities and entities inside the installations
and areas agreed upon through which they supply services to the members of
the U.S. forces and the civilian element, the contractors with the United
States and the employees of the contractors with the United States. These
entities and activities include; military mail, financial services, stores
for selling food, medication and other commodities and services, other
places for providing entertainment, wire and wireless communications,
including cable and radio broadcasting. Constructing these services does
not require a license.

The entertainment, media and radio services, which are outside of the
installations and areas agreed upon, fall under Iraqi law.

These supporting activities and services are limited to the members of the
U.S forces and the civilian element, contractors with the United States and
their employees and individuals and entities the two parties agree upon.
The authorities of the U.S. forces should take suitable measures to prevent
the misuse of the services mentioned above and to prevent the sale or
re-sale of the services mentioned above to persons who are not permitted to
reach these entities and benefit from the services they present. The U.S
forces determine the broadcasting transmissions for radio and television
program for the authorized receivers.

The entities and activities mentioned in this article enjoy the same
financial and customs exemption as do the U.S forces, including the
guaranteed exemptions in articles 15 and 16 of this agreement. Running and
administering these entities and activities that provide services according
to United States regulations will not require taxes or any other charges
for the activities related to their operation.

Mail sent through military mail services should have the verification of
the United States authorities, and this mail will be exempt from searching,
examination and confiscation by the Iraqi authorities with the exception of
unofficial mail that may be monitored electronically. The Joint Committee
will handle such issues that stem from the implementation of this item and
they will be settled by the agreement of the two parties. The related joint
sub-committee will regularly search for the mechanisms by the U.S.
authorities to verify military mail.


Article 20


Currency and Foreign Exchange


The U.S. forces have the right to use any amount of U.S. currency or
financial assets whose values are determined by American currency for the
purposes of this agreement exclusively. The use of the U.S forces of Iraqi
currency and private banks should be according to the Iraqi laws.

The U.S forces are not permitted to export Iraqi currency from Iraq and are
to take measures to guarantee that none of the members of the U.S forces
and the civilian element, contractors with the United States and the
employees working for the contractors with the United States to export the
Iraqi currency from Iraq.


Article 21


Claims


Except for claims that stem from contracts, both parties forgo their right
to demand the other party to compensate for any damages, loss or
destruction of properties of the armed forces or the civilian element of
either party or to demand compensation for injuries or deaths that may
happen to members of the armed forces or the of civilian element that are a
result of carrying out their official duty in Iraq.

U.S. authorities should pay fair and reasonable compensation to settle
entitled claims for any third party, that may stem from actions of members
of the U.S. forces and the civilian element or as a result of their
negligence, malfeasance or during their official duty or may be related to
non-combat activities of US forces. U.S. authorities may settle entitlement
claims that do not stem from performing their official duty as quickly as
possible according to laws and regulations of the United States. When
settling the claims, the authorities of the U.S. forces take into
consideration any report regarding an investigation or opinion issued by
Iraqi authorities concerning the responsibility or volume of damages.

Both parties consult immediately through the Joint Committee or if it is
necessary through the Joint Ministerial Committee in the cases that need
revision and that have been mentioned in item 1 and 2 above, according to
the request of one of the parties.


Article 22


Detention




It is not permitted for the U.S. forces to detain or arrest any person
(except the detention or arrest of a member of the US forces or the
civilian element) unless it is in accordance with an Iraqi decision issued
under Iraqi law implementing Article Four.

If US forces detain or arrest persons as is permitted under this agreement
or under Iraqi law, they should be turned over to the specialized Iraqi
authorities within 24 hours of their detention or arrest.

Iraqi authorities can request assistance from U.S. forces for the purpose
of detaining or arresting wanted persons.

The U.S. forces shall provide the Iraqi Government with the available
information about all the detainees when this agreement is implemented. The
specialized Iraqi authorities shall issue arrest warrants for those who are
wanted. The U.S. forces will coordinate completely and effectively with the
Iraqi government for the handover of the wanted people to it, according to
valid Iraqi arrest warrants and release all other detainees in an organized
and secure way unless the Iraqi government requests otherwise under article
4 of this agreement.

U.S. forces are not permitted to search houses or other premises unless it
is in accordance with an Iraqi judicial order issued for this purpose with
complete coordination with the Iraqi government, except in cases where
there is actual combat which comes under Article 4.


Article 23


Implementation


The implementation of this agreement and the settlement of resulting
disputes regarding explanations and implementation are the responsibility
of the following commissions:

Forming a Joint Ministerial Committee whose members are persons on the
ministerial level determined by both parties. This Joint Ministerial
Committee undertakes reviewing and resolving the basic necessary issues to
explain and implement this agreement.

The Joint Ministerial Committee will undertake the formation of the Joint
Military Operation Coordinating Committee (JMOCC) that is composed of
representatives of both parties. There will be a Joint Chairmanship of the
Joint Military Operation Cooperating Committee (JMOCC) from the two
parties.

The Joint Ministerial Committee also forms a joint committee composed of
representatives chosen by the two parties and jointly headed by a
representative from each party. This committee undertakes reviewing and
resolving all the issues related to this agreement that is not the
specialization of the Joint Military Operations Coordinating Committee
(JMOCC).

The joint committee forms according to item (3) of this article joint
subcommittees in various fields who undertake reviewing the issues that
stem from this agreement according to their specializations.


Article 24


Withdrawal of American Forces from Iraq


Admitting to the performance of Iraqi forces, their increased capabilities
and assuming full responsibility for security and based upon the strong
relationship between the two parties the two parties agreed to the
following:

All U.S. forces are to withdraw from all Iraqi territory, water and
airspace no later than the 31st of December of 2011.

All U.S. combat forces are to withdraw from Iraqi cities, villages, and
towns not later than the date that Iraqi forces assume complete
responsibility of security in any Iraqi province. The withdrawal of U.S.
forces from the above-mentioned places is on a date no later than the 30
June 2009. The withdrawing U.S. forces mentioned in item (2) above are to
gather in the installations and areas agreed upon that are located outside
of cities, villages and towns that will be determined by the Joint Military
Operation Coordinating Committee (JMOCC) before the date determined in item
(2) above.

The United States admits to the sovereign right of the Iraqi government to
demand the departure of the U.S. forces from Iraq at anytime. The Iraqi
government admits to the sovereign right of the United States to withdraw
U.S. forces from Iraq at anytime.

The two parties agree to put a mechanism and preparations for reducing the
number of U.S. forces during the appointed period. And they are to agree on
the locations where the forces are to settle.


Article 25


The Procedures of Lifting Article Seven from Iraq


Recognizing the Iraqi governments right not to request the renewal of the
United Nations mandate and the authorization granted to the Multi-National
Force Iraq according to chapter seven that is included in the International
Security Councils resolution number (1790) (2007) the authorization that
will expire on 31 December 2008,

And referring to the two letters directed to the International Security
Council: the letter from the Iraqi Prime Minister and the letter from the
American Secretary of State dated 7 and 10 December 2007, respectively and
they are annexed to resolution (1790),

Noting the third part of the Declaration of Principles regarding the
cooperation and long term friendship that was signed by the President of
United States of America and the Prime Minister of Iraq on 26 November 2007
which registered in history the Iraqi call for extending the period of the
above mentioned mandate for the last time to end on a date no later than 31
December 2008,

Admitting to the great and positive developments in Iraq and reminding that
the situation in Iraq is basically different than the situation that was
prevalent when the Security Council adopted the resolution number (661) in
(1990), and especially as the danger that the Iraqi government used to
represent to international peace and security is gone:

The two parties emphasize, as to this issue, that at the end of the working
day on 31 December 2008 which terminates the mandate and authorization
granted to the Multi-National Force Iraq according to Chapter Seven, that
is included in the resolution of the International Security Council number
(1790), Iraq should regain its legal and international position that it
enjoyed before adoption of resolution (661) (1990) by the U.N. Security
Council. And they confirm that the United States will do its best to help
Iraq to take the necessary steps to achieve that on 31 December 2008.


Article 26


Iraqi Assets


In order to enable Iraq to continue developing its national economy by
rehabilitating the Iraqi economic infrastructures and also to provide the
basic vital services for the Iraqi people and to continue to preserve Iraqi
resources such as petroleum, gas and other resources and also to preserve
its financial and economic assets abroad, including the Development Fund of
Iraq, the United States of America guarantees its best effort in order to:

Support Iraq to cancel its international debts that resulted from the
policy of the former regime.

Support Iraq to reach a final and comprehensive decision regarding the
demands of compensation that Iraq inherited from the former regime that
have not been resolved yet, including the demands of compensation that was
imposed on Iraq by the International Security Council.

Admitting to the concern that Iraq shows towards the demands based upon the
actions committed by the former regime and in understanding of this matter,
the President of the United States will use his authority to provide the
protection for the Development Fund of Iraq and other specific assets that
Iraq partly owns from the American judicial system. The United States will
stay committed in a complete and effective way with the Iraqi government to
continue this protection and in regard to those demands.

Based on a letter that will be sent from the President of the United States
to the Prime Minister of Iraq, the United States will remain committed to
helping Iraq in regard to the demand it submitted to the Security Council
to extend the protection and other arrangements regarding petroleum,
petroleum products and natural gas produced in Iraq and the resources and
commitments that stem from these sales and the Development Fund of Iraq,
these are the arrangements defined in the two resolutions of the Security
Council (1483)(2003) and (1546)(2003).


Article 27


Deterrence Security Dangers


In order to support the security and stability in Iraq and to contribute to
establishing international peace and stability, both parties seek actively
to strengthen the political and military abilities for the Republic of Iraq
and to enable Iraq to deter the dangers that threaten its sovereignty and
political independence, the unity of its land and its democratic federal
constitutional system, they agreed upon the following:

When any external or internal danger emerges against Iraq or an aggression
upon it violates its sovereignty, its political stability, the unity of its
land, water, and airspace or threatens its democratic system or its elected
establishments and according to the request of the Iraqi government, the
two parties will immediately start strategic talks and according to what
they will agree on between them the United States will undertakes the
appropriate measures that include diplomatic, economic, military or any
other measure required to deter this threat.

Both parties agree to continue their strong cooperation to strengthen and
maintain the military, security and democratic political institutions in
Iraq in accordance with what they agree upon, cooperation, supplying and
arming the Iraqi Security Forces for the prevention of local and
international terrorism and outlaw groups, upon the request of the Iraqi
government.

It is not permitted to use Iraqi land, water and airspace as a route or
launching pad for attacks against other countries.


Article 28


The Green Zone


When this agreement takes effect the Iraqi government undertakes complete
responsibility of the Green Zone.

The Iraqi government may request limited, temporary support from the U.S.
forces for the Iraqi authorities regarding the mission of securing the
Green Zone and when submitting such a request the related Iraqi authorities
are to work in collaboration with the U.S. forces regarding security in the
Green Zone during a time period determined by Iraq government.


Article 29


Arrangement for Implementation


Whenever there is a need, both parties lay down appropriate mechanisms for
the implementation of the articles of this agreement including the articles
that do not include specified mechanisms for implementation.


Article 30


Time Period of Validity of this Agreement


This agreement is valid for three years unless it is terminated by one of
the parties before that period ends in accordance with item (3) of this
article.

This agreement is not to be amended unless by formal written approval of
both parties and in accordance with the constitutional procedures in both
countries.

The validity of this agreement will terminate after one year from the date
that either of the two parties receives written notification for
termination.

This agreement will take effect on the first day of January 2009 after both
parties have exchanged diplomatic memorandums concerning the completion of
necessary procedures for both parties to implement the agreement in
accordance with the valid constitutional procedures of both parties.

This agreement has been signed in Baghdad on the 17th day of the month of
November, 2008 in two original copies in both the Arabic and English
languages and both texts are equal in legal procedures.

McClatchy Newspapers 2008






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