Inspector General 08F0245 Final

APFOINTMENT LETTERS APPONTMENT PROCESiS DOCUMENTATION ACTION MEMO-RANK, PAY RATE, AND STAFf SUpPORT fOR INsfEcTeRs GEN, CPA ORDER 57, IRADI INSAECTORS GEN. (ENGLISH ( ARABIC) CPA ORDER 55, IRAQ COMMISSION ON PiBLIC INTEGRITY (ENGLiSI ! ARABIE) diE ORGANIZATION CHARTS : HOT LINE iNFORMATION IG TRAININE HGENDA'S 02829 wii. Docunest #8 08-5-0245 Page 1 of 1 APPOINTHENT LETTERS (b)(6) (b)(6) From: Tuesday, March 23, 2004 6:52 PM Sent: (b)(6) To: Subject: FW: IGs for EDUCATION AND INDUSTRY (b)(6) Deputy Senior Advisor, Ministry of Education Republican Palace S206, Baghdad Iraq APO AE 09316 ((b)(6) Ble --Original Message-.-- From: (b)(6) Sent: Tuesday, March 23, 2004 6:49 PM TO: Arsht, Leslye (SES), (bX6) Subject: FW: IGs for EDUCATION AND INDUSTRY Amb Bremer has approved the recommendation in the attached memo and signed the letters. I shall have them for you, Leslye and (b)(6) Jin the morning (b)(6) Office of Policy Planning & Analysis, CPA The Palace, Rm M239 (cell) (b)(6) (Civil) (DSN) vey" COALITION PROVISIONAL AUTHORITY BAGHDAD Dr. Ala'din Abdul Sahib Alwan Minister of Education Dear Mr. Minister: I am writing to tell you that I have decided to appoint Judge (b)(6) as the new Inspector General of the Ministry of Education. I enclose a letter of appointment, together with copies of Order No.57 in Arabic and English. I should be grateful if you could now arrange for these documents to be passed to Judge (b)(6) This appointment follows up discussion that you have had with our advisors. Could you please now give effect to the appointment without delay, by ensuring that 7 employment as Inspector General is properly documented. The term of Judge (b)(6) the appointment is five years. I know that you will give full support to the new Inspector General in establishing his office, in accordance with CPA Order No. 57. Officials here will be in touch separately about the arrangement of some initial training. Sincerely, we one sor "isi L. Paul Bremer III Administrator Enclosure: Letter to Judge (b)(6) enclosing CPA Order No. 57 in Arabic and English. passed or pre COALITION PROVISIONAL AUTHORITY BAGHDAD Judge. (B)6) Dear (b)(6) Pursuant to my authority as Administrator and under the laws and usages of war, and consistent with relevant U.N. Security Council resolutions, including Resolutions 1483 and 1511 (2003) and CPA Order No. 57, I hereby appoint you as Inspector General of the Ministry of Education. I have asked the Minister of Education to arrange for this letter to be passed to you and to make early arrangements for your appointment to be documented. The term of the appointment is five years. I am enclosing with this letter copies of CPA Order No. 57 in Arabic and English. Officials here will be in touch separately about the arrangement of some initial training for the first Iraqi Inspectors General to be appointed. Please accept my warm congratulations on this appointment and my best wishes for your suecess in meeting the challenges of this important position. Sincerely, L. Paul Bremer III Administrator Cc: Minister of Education Enclosures: CPA Order No. 57 in Arabic and English. APPOINTHENT PROCESS DOCUMENTATION (b)(6) Ji reviewed the letters you attached in your last e-mail and made minor corrections. Dr. Alwan's first name is Aladin. I believe you should address the IG candidate as Judge (b)6) Please find the corrected versions attached. Do let us know as soon as the Administrator has signed the letters. (B)(6) Deputy Senior Advisor, Ministry of Education Republican Palace S206, Baghdad Iraq APO AE 09316 (b)(6) Ble -----Original Message... TOTHER) From: (b)(6) Sent: Sunday, March 21, 2004 5:07 PM To: (b)(6) Cc: Arsht, Leslye (SES); (b)(6) Subject: FW: IGs for EDUCATION AND INDUSTRY I am assuming that background checks will be successfully completed shortly. Please note the process indicated by the attached documents, check the details of relevant names and confirm that you are content (or otherwise). (b)(6) Office of Policy Planning & Analysis, CPA The Palace, Rm M239 / (b)(6) B Original Message- From: (b)(6) Sent: Sunday, March 21, 2004 3:46 PM To: (b)(6) Subject: IGs for EDUCATION AND INDUSTRY (b)(6 I should be grateful if the four attached letters could be translated during the course of Monday. (bX6) Office of Policy Planning & Analysis, CPA The Palace, Rm M239 - %: ((b)(6) 136 COALITION PROVISIONAL AUTHORITY BAGHDAD PROCESS FOR APPOINTMENT OF INSPECTORS GENERAL (IG) Senior Advisor satisfied, consulting CPA Inspector General (046) 7 as necessary, that ministry has a plan that will deliver an IG organization in accord with the Administrator's memo of December 20. 2. Senior Advisor satisfied that a suitable person has been selected on the basis of merit to fill the IG appointment. I, on the basis of a resume, that the Senior Advisor confirms in parallel with (b)(6) individual is appropriately qualified. 4. Minister seeks the concurrence of the Governing Council to his/her recommendation. If no objection raised within a week, Minister writes to the Administrator with checks with Senior Advisor and (b)6) that process has been duly completed. A check is also made against the Ministry of Interior database. If no concerns over the appointment raised, Administrator is advised by OPPA to write a standardized letter to Minister to confirm IG appointment. If any of these steps cannot be successfully completed, the process starts again. UNCLASSIFIED C.Y Name: (bX6) Data of Birth: 1940. Education: 1962-BAC Degree, Justice College. Marital Status: married, five children Children's names: 1. 1ox6) 3. 6(6) 4. Professional Experience: • 1964 legal assistant. • 1966 the Executor at Al-Sdar in Karbalaa • 1969 the Public Prosecutor in Al-Najaf • 1971 the Public Prosecutor in The Presidency of Baghdad, felony court. • 1972 the Public Prosecutor at Al-Kadhumiy investigation court. • 1976 Al-Khaliss Court of First Instance. • 1977 Al-Baghoba Court of First Instance. *4.; • 1985 Al-Faloja Court of First Instance. • Since 1987, retired And after the war until present, worked with CPA as a member of the Center of Baghdad in the Felony Court COALITION PROVISIONAL AUTHORITY BAGHDAD INFO MEMO March 18, 2004 THE ADMINISTRATOR FOR: (b)(6) FROM: Director, Civil Affairs CC: Ambassador Jones, ADM Redd SUBJECT: Establishing Inspector General Offices - Progress Report One new IG (MoPDC) has been appointed since last week. Most of the 10 outstanding Ministry IG appointments should be made by the end of March, but this deadline is at serious risk for a small number. You may want to speak to one Minister now, and we will continue to monitor the need for further action on other ministries experiencing difficulty. Changes since last week are shown in green on the attached chart. Some forecast completion dates have now slipped. Given the imminence of the deadline, this report offers more detail on the appointments to be achieved by the end of March, and on the Defense and (bX6) Gs. *ANG We now have approved CVs for Education and Industry & Minerals: you should be in a position to appoint their IG within a few days. It may also be possible next week to appoint the IG for Electricity. The Ministry now has an agreed candidate, whose CV is awaited. Two other appointments might be possible over the next week: Transportation has had an agreed candidate for some time. Now that some additional personal documentation has been provided, we hope that issues raised over his record can be put to rest. If so, an appointment can proceed rapidly; if not, an appointment of another candidate is now unlikely to be achieved before April. There have also been issues raised over the agreed candidate for Housing & Construction. Although the Minister has now written to you in support of the candidate, further discussion with the senior advisor is needed before final advice can be put to you. This should come forward within the next week. If the candidate is now turned down, an appointment before April is again unlikely. Appointments for Science & Technology and Youth & Sports should be possible by the end of March, although each is dependent on the wishes (and availability) of the Minister. Both senior advisors have recently considered four candidates each and hope to come forward with an agreed nominee shortly. UNCLASSIFIED COALITION PROVISIONAL AUTHORITY BAGHDAD Three other ministries have faced particular difficulties. They will need to move forward fast to achieve appointments by end March. Communications and Water Resources are both now considering a number of candidates pu orward by the Board of Supreme Audit. Water Resources has faced particular difficulty in We are also seeking to identify further potential candidates eg among retired judges (with help from Ed Schmults), in case current candidates do not meet the standard required. Deiense had always been intending to make an appointment in early April. A reasonably strong pool of candidates has been under consideration, drawing on new MoD and armed forces recruits as well as others. ONSA expects to select a candidate as it takes decisions on other senior MoD appointments, later this month or in early April. The (b)(6) is considering candidates (from the Board of Supreme Audit) for its own IG and currently hopes to achieve an appointment by mid-April. Although not required in the IG Order, I assume you would wish to make the appointment? is following up last week's seminars with On training for IGs already appointed, (bX6) senior advisors: a further meeting is planned. We will also arrange an initial training seminar for those IGs who have not yet attended one. ATTACHMENTS: Establishing Inspector General Offices - Progress Chart and Notes CO-ORDINATION: David Kirk Senior Advisors UNCLASSIFIED Establishing Inspector General Offices - Progress Chi (4) CPA Expected (1) 1G (5) Advice (2) Nominee (3) Professional checks Ministry organization qualifications operational provided to selected? Administrato planned? reviewed date' completeds r Agriculture February 29 Communications March 31 Culture February 29 March 28 Displacement & Migration Education March 24 Electricity March 31 Environment February 29 Finance March 31 Foreign Affairs February 29 Health February 29 Higher Education February 29 Housing & Construction March 31 February 29 Human Rights March 24 Industry & Minerals Interior February 29 Justice March 5 Labor & Social Affairs February 29 Municipalities & Public Works February 29 National Defense April Oil February 29 Planning & Development Cooperation March 24 March 31 Science & Technology Trade February 29 Transportation March 31 Water Resources March 31 Notes 1. Senior Advisor expects IG to be fully operational by February 28. 2. Senior Advisor is satisfied, consulting CPA Inspector General ((b)(6) ) as necessar has a plan that will deliver an IG organization in accordance with the Administrator's memo December. 3. Senior Advisor has been satisfied that a suitable person is being nominated, with the Minist on the basis of merit, to fill the IG appointment. on the basis of a resume, tha 4. Senior Advisor has confirmed, in parallel, with (by6) appropriately qualified. ) has confirmed with Senior Advisor and (b)(6) 5. OPPA ((b)(6) that process has l completed and background check on nominee has been successfully completed 6. Advice has been submitted to Administrator, including a copy of nominee's resume, with rec for appointment (or otherwise) and draft letters to Minister and appointee. 7. Date of appointment letters. 8. April date earlier agreed with Administrator - now advanced. 9. Ministry not yet operational. The chart will be updated and resubmitted to the Administrator/ Executive Board every Thursda up-to-date, any changes to the entries in the first four columns should be notified, as soon as kn Advisors to (b)(6) Entries in the final three columns will be comple copy to (b(6) COALITION PROVISIONAL AUTHORITY BAGHDAD INFO MEMO February 1, 2004 FOR: Senior Advisors FROM: OPPA SUBJECT: Nominees for Inspector General Appointments I am passing on this message now in writing since there is no senior advisors' meeting for the next couple of days. There will be lessons to be learned from our current experience of appointing Inspectors General in all the Ministries. In particular, there may be a need for a central Iraqi ovemment personnel agency to deal with senior appointments such as these. Currently ome Ministers and senior advisors are having difficulty in identifying suitably qualifie candidates. But others may have identified more than one. If you know of an Iraqi who might be suitable for such an appointment (perhaps an Thanks (b)(6) Office of Policy Planning & Analysis, CPA Palace, Rm M239 1 (b)(6) 186 Peduca UNCLASSIFIED - FOR OFFICIAL USE ONLY saint SALARY POLICY FOR INSTECTORS GENERAL SENIOR ADVISOR'S MEETING WEDNESDAY, APRIL 7, 2004 • Every Iraqi ministry will have an independent Inspector General (IG), authorized o investigate allegations against anyone in the Ministry. Where evidence o rimes is found, the IG will be able to refer cases to Irag's independent judiciary serve in this important position. • In order to mitigate conflicts of interest regarding salary reviews for IGs, this policy requires the CPI and the BSA concur with a minister's decision to increase "the pay of a ministry's IG. • The policy sets a floor of five employees for an IG office, but remains flexible for the overall size of the office, depending upon the complexities of the transactions that the office must review and the type of business in which the ministry engages. The policy encourages hiring of persons already employed in government (although not from the Ministry in question), and requires relevant training to be arranged for underemployed or underutilized government employees to be COALITION PROVISIONAL AUTHORITY BAGHDAD DRAFT ACTION MEMO April 1. 2004 CPA Senior Advisors FOR: FROM: CPA Ministry of Finance/ COMPENSATION TEAM SUBJECT: Rank, pay rate, and staff support for inspectors general Policy Statement Rank and Pav Rate. Inspectors General will be paid beginning at step 3 of the Super "B" level of the 11-tier pay scale, as established by CPA Order Number 30. IGs will be subject to the same compensation limitations as Director Generals. If the individual appointed as the IG is a current government employee being compensated at a level above step 3 of the Super B pay band, the individual will retain his or her current salary level. IGs are to be eligible for raises in pay. Ministers are to submit a statement regarding the decision to award an IG a raise in pay to the Council on Public Integrity (CPI) and the Board of Supreme Audit (BSA) for their review and concurtence. The CPI and the BSA must concur with that decision for the increase in pay for an IG to take effect. Staff support. The-Inspector General staff at each ministry will normally consist of a Chief of Staff who can deputize for the 1G on occasion and professional and administrative staff appi, nate forn, gen i raining of sinal aft do cost the rot es than tieshould be hired by each IG office: Additional employees will be hired commensurate with the responsibilities of the office. For example, agencies with larger responsibilities in the areas of procurement, management, and financial transactions will require larger staffs. Staff in the IG office will be paid according to the ll-tier pay scale established by CPA Order Number 30. Incremental funding will be provided centrally to cover the salary of the IG in each Ministry. Salaries and operating costs for the staff of the IG office will be funded by the relevant and investigative techniques for new and ongoing staff is scheduled and conducted. UNCLASSIFIED i. parale 1..=. -2- DRAFT Kev Points Inspectors General are to begin their service compensated at a level equivalent to Directors Generals. unless the individual selected for an IG position is currently being compensated at a level above that of a DG. This is to ensure that qualified and experienced candidates do not have to make monetary sacrifices in örder serve in this important position. In order to mitigate conflicts of interest regarding salary reviews for IGs, this policy requires the CPl and the BSA concur with a minister's decision to increase the pay of a ministry's IG. The policy sets a floor of five employees for an IG office, but remains flexible for the overall size of the office, depending upon the complexities of the transactions that the office must revien and the type of business in which the ministry engages The policy encourages hiring of persons already employed in government (although not from the Ministry in question), and requires relevant training to be arranged for underemployed or inderutilized government employees to be retrained RECOMMENDATION (1): Approve the above statement regarding the rank, pay, and staff Level for the position of Inspector General and staf support for the offices of the inspectors Approve: Disapprove:_ Approve with modification: ATTACHMENTS: NONE COORDINATION: Dr. (b(6) 7 CPA Inspector General Mr. (BX6) CPA Office of Policy Planning and Analysis UNCLASSIFIED ORDER NUMBER 30 A.V.NEX A REFORM OFSALARIES AND EMPLOYMENT CONDITIOYS OF STATE EMPLOYEES Salary Table Monthly Salary Amounts in Thousands of Iraqi Dinars (000) Sicp 3 T Steo t Step 1 Siop :0: Sieg 2 Grade SieD 5 Sipôi Step? Step a 3000 2733 2250 2550 2233 2317 2565 2316 SUPER A 2400 1666 1833 1500 1583 2249 _1959 2166 2083 I SUPER e: 1915 1750 34831 800 820 840 760 880 740 900 860 520 780 574 605 713 520 682 636 651 667 698 389 540 168 507 455 1-14 480 552 528 492 516 389 342 426 379 416 370 107 352 361 398 328 292 ?64 2 299 285 278 306 271 314 321 2371 209 226 231 204 215 220 248 253 242 1?0 166 174 157 183 179 196 162 187 191 149 128 138 135 145 132 142 125 152 155 127 107 102 16 1:0 113 i D5 118 121 124 83 104 90 10 28 101 99 97 92 11 71 73 77 86 84 81 83 69 75 7 CPA/ORD/8 September 2003/30 ! COALITION PROVISIONAL AUTHORITY ORDER NUMBER 57 IRAQI INSPECTORS GENERAL Pursuant to my authority as Administrator of the Coalition Provisional Authority, and under the laws and usages of war, and consistent with relevant U.N. Security Council resolutions, including Resolutions 1483 and 1511, Noting that the former regime fostered inefficiency and corruption in Iraqi governmental institutions, and that a concerted effort is needed to restore public trust and confidence in these institutions, Acknowledging that ministers need a corps of qualified, objective professionals dedicated to improving ministry performance and eliminating fraud, waste and abuse of authority, Emphasizing that to be effective, the corps of professionals referred to above requires strong leadership, significant independence, adequate resources, and specified authorities and powers, Determined to improve the efficiency, effectiveness and integrity of the Tragi ministries, and to restore public trust and confidence in government, 1 hereby promulgate the following: Section 1 Purpose This Order establishes an effective program of audit, investigation and performance review to provide increased accountability, integrity and oversight of the ministries and to prevent, deter and identify waste, fraud. abuse of authority and illegal acts. It establishes independent Offices of Inspectors General to conduct investigations, audits, evaluations, inspections and other in accordance with generally accepted professional standards. Section 2 Establishment 1) There is hereby established within each Iraqi ministry an Office of Inspector General to be headed by an Inspector General. CPA/ORD/5 February 2004/57 2) The initial Inspector General in each ministry shall be appointed to a 5-year term by the Administrator. Any Inspector General vacancy that occurs before the sovereign transitional Iraqi administration's assumption of full governance authority shall be filled pursuant to the same procedure. 3) After the assumption of full governance authority by the sovereign transitional Iraqi administration, Inspectors General shall be appointed to vacant positions by the chief executive of the transitional Iraqi administration, subject to confirmation by majority vote of the body vested with national legislative powers. 4) Inspectors General shall be selected without regard to political affiliation (consistent with applicable de-Baathification policy) and on the basis of integrity, capability for strong leadership, and demonstrated ability in iccounting, auditing, financial analysis, law, management analysis, publi dministration, investigation, criminal justice administration, or othe closely related fields. In addition, the Inspector General should possess demonstrated knowledge, skills, abilities and experience in conducting audits and investigations. 5) Inspectors General shall be appointed for a term of five years, which term may be renewed for additional 5-year period(s) at the discretion of the chief executive of the transitional Iraqi administration, subject to confirmation by majority vote of the body vested with national legislative powers. Section 3 Reporting and Independence 1) Inspectors General shall report directly to the relevant minister and shall respond to requests or inquiries submitted by the Coalition Provisional Authority (or the body of the Tragi administration vested with national legislative powers). In cases involving allegations of misconduct by the relevant minister, an Inspector General shall report to the Administrator (or to the Commissioner on Public Integrity, upon the transitional Iraqi administration's assumption of full governance authority in Iraq). 2) No individual or organization shall attempt to prevent, impair, or deter an Inspector General from taking authorized actions necessary to initiate, carry out, or complete any audit. investigation or review or from obtaining documents relevant to any pending audit or investigation. Individuals who violate this subsection shall be subject to investigation and prosecution by the Commission on Public Integrity, in accordance with applicable law. CPA/ORD/5 February 2004/57 Section 4 Removal from Office 1) An Inspector General may be removed by the relevant minister only for cause. "Cause" shall include, but shall not be limited to, malfeasance, abuse of office, and bribery. 2) In the case of a removal, the relevant minister shall report the removal and the reports, including the basis for the removal, shall be submitted to the body of the transitional Iraqi administration vested with national legislative powers. The Administrator or national legislative body may request additional information from the relevant minister regarding the removal, which may be overturned by the Administrator or by majority vote of the national legislative body. Section 5 Functions Each Office of Inspector General shall: 1) Audit all records and activities of the ministry, for purposes of ensuring the niegrity, transparency and efficiency of ministry operations, and provide nformation for decision-making and recommend improvements to ministr programs, policies and procedures as appropriate; 2) Conduct administrative investigations consistent with the powers defined in Section 6, below; 3) Audit the economy, efficiency, and effectiveness of the ministry's operations and functions and review any ministry systems for measuring performance; 4) Receive, assess, and process complaints of fraud, waste, abuse of authority and mismanagement affecting ministry interests; forward complaints to appropriate investigative authority; and provide quality control, to include timeliness, independence, and thoroughness, for responses. 5) Conduct follow-up to ensure adequacy of corrective actions in response to Inspector General findings and recommendations. CPA/ORD/5 February 2004/57 6) Provide information and evidence regarding potentially criminal acts to appropriate law enforcement officials; 7) Reccive and investigate complaints from any source or upon its own initiative concerning alleged fraud, waste and abuse and inefficiencies, including deficiencies in the operation and maintenance of facilities; 8) Engage in activities designed to prevent fraud, waste and abuse and inefficiencies, including but not limited to revicw of legislation, rules, regulations, policies, procedures, and transactions; and presentation of training and education programs; 9) Refer matters for further civil, criminal, and administrative action 1o appropriate administrative and prosecutorial agencies; 10) Recommend non-binding remedial actions to be taken by the ministry to overcome or correct operating or maintenance deficiencies and incfficiencies that were identified by the Office; 11) Issue public reports as set forth in section 9, below; 12) Monitor implementation of recommendations made by the Office and other audit agencies; 13) • Promulgate written policies and procedures to guide functions and processes conducted by the Office; 14) Train employees of the ministry in the prevention and identification of waste, fraud and abuse, and establish programs for fostering a culture of accountability and integrity; 15) Maintain information regarding the cost of investigations and cooperate with appropriate administrative and prosecutorial agencies in recouping such costs from nongovernmental entities that are determined to have engaged in willful misconduct; 16) Coopcrate fully in assisting the work of law enforcement agencies, investigators and courts, including the Iraq Commission on Public Integrity; 17) Take such actions as may be necessary to ensure the efficient performance of Inspector General functions at every level of the Ministry's operations; and CPA/ORD/S February 2004/57 18) Perform such other duties within the scope of their powers, as defined in Section 6, below as may be necessary to carry out their responsibilities under this Order. Section 6 Powers 1) To accomplish the functions set forth in Section 6 of this Order, each Office of Inspector General is hereby granted: a) Full and unrestricted access to all offices, limited access or restricted areas. employees, records, information data, reports, plans, projections, matters. contracts, memoranda, correspondence and any other materials, including electronic data of the ministry; b) Authority to subpoena witnesses, administer oaths or affirmations, to take testimony and to compel the production of such books, papers, records and documents, including electronic data as is deemed to be relevant to any inquiry or investigation undertaken; c) Reasonable access to the head of any governmental entity (including without limitation ministries, departments, agencies, and state owned entities), when necessary for purposes related to the work of the Office; and d) Authority to require employees of the ministry to report to the Office of Inspector General information regarding fraud, waste, abuse, corruption, and illegal acts. 2) Each Office of the Inspector General shall adhere to Section 9 with respect to any information derived from exercising the powers set forth in Section 6(1). Section 7 Resources 1) Each ministry shall fund its Office of Inspector General from its annual budget received from the national budget. Each ministry must allocate and deliver funds that are adequate to meet the mission of its Office of Inspector General. 2) The Inspectors General shall establish the organizational structure appropriate to carrying out the responsibilities and functions of his or her office, and may appoint, employ, promote, and remove such assistants, employees, and The : CPA/ORD/5 February 2004/57 personnel as deemed necessary for the efficient and effective administration of the office. 3) Within budget limitations, the Inspector General may obtain the services of Chartered Accountants, qualified management consultants, or other professional experts necessary to perform independently the functions of the Section 8 Record Keeping 1) During the course of audit and investigation activities, records produced by an Office of Inspector General shall not be made public. 2) Each Office of Inspector General shall take all steps necessary to prevent unauthorized public disclosure of audit and investigative reports, including any such disclosure that would jeopardize the national security of Iraq. 3) Names and identities of complainants will not be disclosed to the public without the complainant's written consent, unless required by Iraqi law or judicial processes. 4) Each Office of Inspector General shall maintain the confidentiality of any classified information obtained by the Office, and shall be subject to the same penalties as the custodian of those records for violating statutes governing the handling of classified information. 5) Each Office of Inspector General shall take all steps appropriate to protect the privacy of individuals to the extent possible in the context of the judicial or administrative processes initiated to protect the public. Section 9 Reporting 1) Each Inspector General will report the findings and recommendations of the Office's work to the respective minister, to appropriate clected and appointed leadership, and, except for law enforcement sensitive or confidential information, to the public. a) Each Inspector General shall report potentially criminal investigative matters to the appropriate law enforcement and prosecutorial agencies. CPA/ORD/5 February 2004/57 b) Each Inspector General shall immediately report to the head of the relevant ministry significant problems, abuses, or deficiencies relating to the administration of programs and operations of the ministry or interference with Inspector General operations. 2) Within 60 days of the end of each fiscal year, each Inspector General shall issue an annual report that separately lists audit and review reports and other investigative or assistance efforts completed during the fiscal year. a) The report shall describe the activities of the Office of Inspector General. Copies of the report shall be provided to the minister as well as any legislative bodies with oversight authority with respect to the ministry or the Office of Inspector General. ») Upon issuance, members of the media and the public shall be promptly dvised of the issuance of the report. Such reports will be provided to thei representatives upon request. Section 10 Professional Standards Audits, investigations, inspections, and reviews conducted by the Office of Inspector General will conform to generally accepted professional standards romulgated by independent professional auditing, evaluation and investigativ rganizations that promote and improve the functions of audit inspection/evaluation and investigative activities within government. Section 11 Quality Review Audits, investigations, inspections and reviews shall be subject to quality assurance reviews by the Board of Supreme Audit of Iraq at least every thre ears. A copy of the written report resulting from this review shall be furnished to the minister and any legislative bodies with oversight authority with respect to the Office of Inspector General. This report shall also be made available to the public, when requested. CPA/ORD/S February 2004/57 < Section 12 Entry into Force This Order shall enter into force on the date of signature, and shall remain in force unless the transitional Iraqi administration enacts superseding legislation. cut.. 2/1-144 L. Paul Bremer, Administrator Coalition Provisional Authority CPA/ORD/5 February 2004/57 COALTION PROVISIONAL AUTHORITY ORDER NUMBER 55 DELEGATION OF AUTHORITY REGARDING THE IRAQ COMMISSION ON PUBLIC INTEGRITY Pursuant to my authority as Administrator of the Coalition Provisional Authority (CPA), and under the laws and usages of war, and consistent with relevant U.N. Security Council resolutions, including Resolution 1483 (2003), Resolution 1500 (2003), and Resolution 1511 (2003). Avowing that corruption is the bane of good government and prosperity; Recognizing that the Iraqi people deserve leaders who are honest and dedicated to the transparent governance of Iraq; Emphasizing that effective governance depends on the confidence that Iraqi people have in their leaders and corruption erodes that confidence, Underscoring that honest and transparent governance will promote lasting prosperity of the Iraqi people by assuring them and the world community of the integrity of Iraqi leaders; Noting that Iraq has long prohibited corruption in government, but that enforcement has been arbitrary and intermittent and that corruption has proliferated under the Baath regime: Acknowledging that the battle against corruption is a long-term struggle that requires lasting commitment to change behavior at all levels of government, Recognizing that the CPA is committed to the effective administration of Iraq and that building the Iraqi capacity to fight corruption contributes to civilian administration, Noting that the Governing Council is leading the development of an anti-corruption strategy for Iraq, I hereby promulgate the following: Section 1 Delegation of Authority The Governing Council is hereby authorized to establish the Iraq Commission on Public Integrity (Commission) as an independent body responsible for enforcing anti- corruption laws and public service standards; proposing additional legislation as 1 CPA/ORD/27 January 2004/55 necessary; and heightening the Iraqi people's demand for honest, transparent and accountable leadership through public awareness and education initiatives. Proposed provisions establishing the Commission have been discussed between the Governing Council and the CPA and are set forth in Appendix A. Section 2 Terms and Conditions The authority delegated under Section I of this Regulation shall be subject to the following terms and conditions: a) The Governing Council shall ensure that the Commission is established and acts in a manner consistent with orders, regulations, and memoranda promulgated by the CPA. b) The Governing Council shall ensure that the Commission acts as the principal enforcement arm of Iraq's anti-corruption laws and performs its duties in conjunction with the Board of Supreme Audit ("Board") and the Inspectors General of Iraqi ministries. c) The Governing Council understands and acknowledges that the Commission, the Board, and the Inspectors General have expressly defined powers and areas of responsibility. Accordingly, the Governing Council shall ensure (i) that the Board serves as Iraq's supreme audit institution, and remains responsible for detecting fraud, waste, and abuse in Iraqi ministries and other government organizations; (ii) that the Board retains no prosccutorial or enforcement powers and must refer all evidence of fraud, waste, and abuse to the Inspector Gencral of the relevant ministry; (111) that the Inspectors General, in turn, and in addition to policing their own ministries, must investigate all referred matters and report their findings and recommendations to the relevant minister and to the Commission for final review and appropriate action; and (iv) that only the Commission is empowered to dispose of cases involving misconduct through criminal proceedings. d) The Governing Council acknowledges that this system is expressly designed to facilitate transparent governance and combat corruption at all levels by enabling oversight agencies to operate independently and by ensuring that investigative and enforcement functions are performed separately and discretely. The Governing Council shall therefore ensure that the system is implemented as designed. e) As part of the delegation in Section 1, the Governing Council is authorized to modify existing Iraqi law as set forth in Appendix A and to permit the Commission to promulgate a revision of the Code of State Employees and Social Sector Discipline. 2 CPA/ORD/27 January 2004/55 t) In the event of a conflict between any promulgation by the Governing Council and any promulgation of the CPA, the promulgation of the CPA shall prevail. g) The Administrator reserves the authority to alter the statute creating the Commission or any rules and regulations promulgated by the Commission, or to otherwise intervene to prevent and uproot government corruption in Iraq, if required in the interests of justice. Section 3 Effective Date This Regulation shall enter into force on the date of signature. L. Paul Bremer, Administrator Coalition Provisional Authority CPA/ORD/27 January 2004/55 THE COMMISSION ON PUBLIC INTEGRITY Arowing that corruption is the bane of good goverment and prosperity; Recognizing that the Iraqi people deserve leaders who are honest and dedicated to the transparent governance of Iraq; Underscoring that honest and transparent governance will promote lasting prosperity of the Iraqi people by assuring them and the world community of the integrity of Iraqi leaders; Nating that Iraq has long prohibited corruption in goverment, but that enforcement has been arbitrary and intermittent and that corruption has proliferated in Iraq since July 17, 1968; Acknowledging that the battle against corruption is a long-term struggle that requires lasting commitment to change behavior at all levels of govemment; Be it approved by the Governing Council: Section 1 Purpose Section 2 Definitions For purposes of this law, the following definitions shall apply. Words importing the singular include and apply to several persons, parties, or things; words importing the plural include the singular; and words importing the masculine gender include the feminine: 1) "Person" means any natural person, corporation, company, association, firm, partnership, society, union, institution, or organization. 2) "Penal Code" means the Iraqi Penal Code of 1969, as amended 3) "Code of Conduct" means the Code for State Employees and Social Sector Discipline, Resolution No. 144. 4) "Corruption Case" means a criminal case that involves a suspected violation of a) Paragraphs 233, 234, 271, 272, 275, 276, 290, 293, or 296 of the Penal Code, b) Paragraphs 307 through 341 (Chapter Six) of the Penal Code, c) Any provision of the Penal Code to which Paragraph 135(5), (6), or (7), added by Section 6 of this measure, applies, or d) Any other provision of the Penal Code, where the suspected violation arises from the same operative facts as a suspected violation of a provision listed in subsections (a) through (d), above. 5) "Covered persons" means: a) Governing Council members and their deputies; b) Ministers and deputy ministers; c) Governors; d) Judges; e) The Commissioner, Deputy Commissioner, and all Directors and investigators of the Commission; f) Members of the National Legislature after the Transition; and g) The chief executive of Iraq on and after the Transition. 6) "Transition" means the moment at which the sovereign transitional Tragi administration assumes full governance authority in Iraq. ? 7) Before the Transition, "National Legislature" means the Governing Council. After the Transition, "National Legislature" means the body that is vested with the national legislative authorities and duties. Section 3 Commission on Public Integrity The Commission on Public Integrity (Commission) is hereby established as a separate and independent government office that will implement and enforce this statute, by investigating and referring cases to courts for criminal proceedings; promoting the people's trust in the government of Iraq through financial disclosure and other programs; and fostering a culture in government and in the public of personal integrity, ethical public service, and accountability, through public awareness and ducation programs. The Commission may develop and propose for enactmer dditional legislation, promulgate regulations as authorized herein, and take suc other actions as it deems necessary and appropriate to achieve its objectives. Section 4 Powers and Duties 1) The Commission shall have the authority to investigate and, through an investigator of the first class, present to an investigative judge a Corruption Case involving actions dating as far back as July 17, 1968. Upon presentation of the case to the investigative judge, the Commission shall become a party to the case. 2) The Commission may refer information regarding possible violations of the Code of Conduct to the head of the government agency that employs the suspected violator or that agency's Inspector General, with or without a recommendation for disciplinary action. 3) The Commission shall establish procedures to receive, through the office of an Ombudsman, and investigate allegations of corruption, including anonymous allegations. The Commission shall take all necessary and appropriate steps to protect the identity of informants to the maximum extent permitted by law, unless the informant waives such protection. 4) The Commission shall employ, among others, financial auditors, investigators, and investigators of the first class. An investigator of the first class is hereby empowered to exercise the powers of a court investigator under Iraqi law in any part of Iraq, and a request, motion, information, application, or supplication of whatever form submitted to a judge by an investigator of the first class shall be received and entertained in the same manner as such submissions from a court investigator. 3 5) An investigating judge shall notify the Director for Legal Affairs of the Commission upon commencing an investigation into a Corruption Case. At the Commission's request, the investigating judge shall update the Commission about the investigation as it progresses. The Commission may elect at any time to assume responsibility for such an investigation. If the Commission elects to assume such responsibility, the investigating judge shall transfer the entire case file to the Commission immediately: cooperate with and fully inform the Commission about the case, and cease his investigation. 6) The Commission shall promulgate mandatory financial disclosure regulations in accordance with Section 7. The regulations shall be designed to gain public trust and confidence in the honesty and transparency of government service. The regulations shall have the force and effect of law, and may be amended from time to time as the Commission deems necessary to achieve their purpose. The regulations shall require, at a minimum, disclosure of the information called for by the form annexed hereto as Appendix A 7) The Commission shall promulgate a revision to the Code of Conduct, to clarify and strengthen the standards of ethical conduct to which Iraq's government employees must adhere. In revising the Code of Conduct the Commission will consult with the National Center for Consultation and Development of Government Administration and with the inspectors general of the Iragi Ministries. The Code of Conduct shall address the duty of goverment employees: a. to report corruption to an appropriate authority; b. to act impartially and not to give unfair and unlawful preferential treatment to any organization or individual: c. not to engage directly or indirectly in financial transactions using official, nonpublic information; d. not knowingly to provide false, misleading, or incomplete information to the Commission; e. not to accept gifts of more than a nominal value to be specified by the Commission, except for bona fide gifts from bona fide friends of long standing; f. not to participate personally and substantially in official matters that have a direct and predictable effect upon the financial interests of themselves, their spouses or their family relations to the second degree, except where expressly authorized by law. Every government employee must sign a written pledge of adherence to the Code of Conduct as a condition of employment. Heads of govemment agencies will take appropriate actions to ensure that employees sign such pledges. 8) The Commission may propose to the National Legislature legislation designed to eradicate corruption and foster a culture of integrity, honesty, transparency, accountability, submission to questioning, and fair dealing in government. 9) The Commission shall make available to government employees and the Iraqi public such education and public awareness programs as the Commission deems appropriate to foster a culture of integrity, honesty, transparency, accountability, and fair dealing in public service. It should enforce submission to questioning and impartial dealing in public service. In performing this responsibility, the Commission shall work with education officials to develop a national school curriculum to promote public integrity. 10) In performing its duties, the Commission and its officials shall not discriminate on the basis of, and shall act without regard to, religion, confession, race, ethnicity, gender, political affiliation or ideology, or familial affiliation or tribe. Any act of the Commission based on or motivated by such a distinction is invalid and null. The subject of such an act may sue to have it so declared in a court of law. 11) The Commission shall, in all of its operations, fastidiously observe and ensure the protection of due process under law. Section 5 Organization and Functions 1) The Commission shall be chaired by a Commissioner, who shall serve a term of five years. A Commissioner may serve no more than two terms, whether or not successive. The initial Commissioner shall be nominated by the Governing Council and appointed to his initial term by the Administrator. Commissioners after the initial Commissioner shall be appointed by the chief executive of Iraq from a pool of three nominees of the Council of Judges, subject to confirmation by a majority vote of the National Legislature. The nominees of the Council of Judges shall have the highest standards of ethical behavior and a reputation for integrity and honesty. The Commissioner may be removed from office by a two-thirds vote of the National Legislature fer incapacity, serious misconduct in or out of office, dereliction of duty, or abuse of office. 2) The Commissioner shall: 5 wi trie a) authorize, direct and control all operations of the Commission and ensure that it fulfills its duties under law; b) propose a budget for and approve expenditures by the Commission; c) hire, fire, and discipline Commission personnel in accordance with the Code of Conduct except as otherwise provided by law, and prescribe their training and qualifications; d) promulgate and ensure compliance with financial disclosure regulations as directed in this statute, and the procedural rules described in Section 4(3) of this statute; and e) promulgate amendments to and help ensure compliance with the Code of Conduct as set forth in Section 4(7) of this statute. The Commissioner may delegate his duties to his subordinates in the Commission. 3) The Commission shall have a Deputy Commissioner, a Director for Investigations, a Director for Legal Affairs, a Director for Prevention, a Director for Education and Public Relations, a Director for Relations with Non-Governmental Agencies, and a Director for Administration, each of whom shall be appointed by the Commissioner and shall serve under his authority, direction and control. 4) The Deputy Commissioner shall be the chief assistant to the Commissioner. The Deputy Commissioner shall act as the Commissioner, with all appurtenant authorities, powers, rights, responsibilities and duties, during the Commissioner's incapacity. 5) The Director of Investigations shall be primarily responsible for the detection and investigation of corruption in the government of Iraq, and for establishing procedures for receiving and investigating allegations of corruption, including anonymous allegations. 6) The Director for Legal Affairs shall assist and advise the Commissioner in ensuring compliance with the law of Iraq, and in suggesting legislation to the Commissioner for submission to the national legislature. 7) The Director of Prevention shall be primarily responsible for assisting the Commissioner in fulfilling his duties under subsections 4(6)-(7) of this statute. 8) The Director of Education and Public Relations shall assist the Commissioner in fulfilling the duty imposed on the Commission by subsection 4(9) of this statute. He shall educate public officials, government employees and the public as to the principles of ethical public service, the Code of Conduct, and the financial disclosure 6 regulations applicable to government employees. He shall develop with the Ministry of Education and other education officials and organizations a national school curculum to promote ethics in public service, and may carry out such training, studies, media campaigns, conferences, seminars and similar events, and hire consultants in furtherance of these activities. 9) The Director of Relations with Non-Governmental Organizations shall work with non-governmental organizations to promote a culture of ethics in both the public and private sectors, by developing and disseminating materials, conducting training programs and media outreach efforts, and other actions in furtherance of these activities. 10) The Director for Administration shall be responsible for office administration and personnel and human resources. Section 6 Penal Code Amendments The Penal Code is amended: 1) By appending to the end of Paragraph 135 the following: "(5) The abuse of public or trusted office for private gain or the offering, granting or acceptance of some advantage in violation of the person's trusted or public official duties and the official abuse of the rights of others, or attempting to induce such abuse or violation. "(6) The commission of an offense in connection with, in furtherance of, or to impede detection of any of the offenses described in Sections 2(4)(a) through (d) of the organic law establishing the Commission on Public Integrity. "(7) Violation of financial disclosure regulations promulgated by the Commission on Public Integrity." 2) By appending to the end of Paragraph 136 thc following: "(4) If the offense involves a provision described in Sections 2(4)(a) through (d) of the organic law establishing the Commission on Public Integrity, then the offending person shall be immediately and permanently disqualified from government employment or from contracting to provide goods or services to the government and, unless a more harsh sentence is prescribed by another provision of law, the sentence may be imprisonment of up to 10 years, and a fine of up to $10 million or its equivalent in Iraqi Dinars, and the forfeiture and restitution of any and all amounts, objects, and tangible assets of unjust enrichment resulting from the offense or related activities." Section 7 Financial Disclosure 1) Within 30 days of the date of assuming office, the initial Commissioner shall promulgate regulations requiring, at a minimum, that Covered Persons annually disclose the information called for by the form annexed hereto as Appendix A. 2) Timely compliance with Commission regulations promulgated pursuant to this statute shall be a condition of employment. 3) The Commission shall make available to the public for inspection and copying the information and forms filed pursuant to the financial disclosure regulations promulgated pursuant to this statute. 4) The Commission shall review, audit, and investigate as appropriate Covered Persons' financial disclosures ensure honest compliance. Section 8 Reporting Requirements After the Transition, the Commissioner shall provide the chief executive of Iraq and the National Legislature with a report on the activities of the Commission, at least annually. Such reports shall include statistics on cases reported, investigated, referred, dropped, and prosecuted as well as information on the Commission's public outreach activities. The Commissioner shall make these reports available to the public. COALITION PROVISIONAL AUTHORITY ORDER NUMBER 77 BOARD OF SUPREME AUDIT Put war the laws an as of war, and of sisten in Prevan: U. shurity Council resolutions, including Resolutions 1483 and 1511 (2003), Noting that the Board of Supreme Audit Law, No. 6 of 1990, (the "Board of Supreme Audit Law" or the "Law") names the Board of Supreme Audit as the supreme audit institution of Iraq, Understanding that an effective supreme audit institution is needed to (1) provide the public and government with objective, accurate information about government operations and financial conditions, and (2) promote economy and efficiency by carrying out a broad range of financial and performance audits and program evaluations, nderstanding that an effective supreme audit institution can serve as a public guardia y identifying fraud, waste, and abuse, and by promoting anti-corruption and integrity i government, Determined to ensure the independence and effectiveness of the Board of Supreme Audi of Iraq, while preserving the Board's basic structure Having consulted with the Iraqi Governing Council and the Board of Supreme Audit, I hereby promulgate the following: Section 1 Purpose This Order reestablishes the Board of Supreme Audit as an independent public institution empowered to enhance the economy, efficiency, effectiveness and credibility of the Iraqi government. It provides that the Board shall work in conjunction with the Commission on Public Integrity and Inspectors General of individual ministries to ensure that the Iraqi government remains honest, transparent Section 2 Board of Supreme Audit The Board of Supreme Audit Law shall remain in effect except to the extent amended by this Order: CPA/ORD/18 April 2004/77 valent 1) All powers and authorities granted by the Board of Supreme Audit Law to the now-dissolved Office of the President, Revolutionary Command Council and its Council Chairman are hereby revoked. 2) Article 1 of the Board of Supreme Audit Law is amended to read as follows: "First: The Board of Supreme Audit is hereby established as a separate and independent government institution with juridical personality empowered t enhance the economy, efficiency, effectiveness, and credibility of the Iraqi government. The Board shall work in conjunction with the Commission on Public Integrity and the Inspectors General of individual ministries to ensure that the Iraqi government remains honest, transparent and accountable to the people of Iraq. Second: The head of the Board shall be the Board President who shall be supported by two Deputy Presidents. The Administrator shall appoint the initial Board President and Deputy Presidents after consultation with the Governing Council. The terms of these appointments shall end after five years, or one yea after the adoption of a permanent constitution pursuant to the Transitional Administrative Law, whichever is sooner. The Prime Minister shall appoint successor Board Presidents and Deputy Presidents for terms of five years, from a pool of three nominees for each appointment to be submitted by the Higher Juridical Council. In submitting its nominees, the Higher Juridical Council shall take account of any views expressed by the Board. A Board President or Deputy President shall serve no more than two terms, whether or not successive. Third: The Board President and Deputy Presidents shall be selected without regard to political affiliation (consistent with applicable de-Baathification policy) and on the basis of integrity, proven leadership, and training and experience in accounting, auditing, financial analysis, management analysis, public administration, or related fields. In addition, the Board President and Deputy Presidents shall possess demonstrated knowledge, skills, abilities and experience in conducting audits and performance evaluations. Fourth: The Board President is at the level of minister and enjoys all the rights and privileges of a minister, with authority over Board affairs, personnel, establishment, and budget. The Board President is independent and may not serve Fifth: The Board President and Deputy Presidents can be removed from office office only by a two-thirds vote in the body vested with national legislative 2 CPA/ORD/18 April 2004/77 authority, for incapacity, serious misconduct in or out of office, dereliction of duty, or gross abuse of office." 3) Article 2 of the Board of Supreme Audit Law, paragraph Fourth, is amended to read as follows: "Promulgate auditing and accounting regulations, based on internationally accepted auditing and accounting standards and best practices, and cooperate with the Commission on Public Integrity to continually improve the rules, practices, and standards applicable to the management, accounting and 4) Article 2 of the Board of Supreme Audit Law is amended to add at the end the following paragraphs: "Fifth: Detect through audits and performance evaluations evidence of corruption, fraud, waste, abuse and inefficiency in matters related to the receipt, disbursement, and use of public money. Sixth: Investigate and report on matters relating to the efficient disbursement and use of public funds as formally requested by the Coalition Provisional Authority, the Iraqi Governing Council or any successor body vested with national legislative authority. Seventh: Refer all allegations or evidence of corruption, fraud, waste, abuse or inefficiency in the disbursement and use of public funds to the Inspector General of the relevant ministry or, where appropriate, directly to the Commission on Public Integrity. Eighth: Prescribe regulations and procedures for carrying out its duties as the supreme audit institution of Iraq." 5) Article 3 of the Board of Supreme Audit Law is amended to read as follows: "First: The Board shall annually prepare and publish a plan (the "Annual Plan"") for fulfilling its mission as the supreme audit institution of Iraq. The Annual Plan shall describe and comment on (a) all anticipated audits and performance evaluations to be undertaken in the coming year; (b) anticipated areas of cooperation with the Commission on Public Integrity and Inspectors General of individual ministries; and (c) any other matter deemed by the Board to be necessary to the achievement of transparent, accountable, and efficient government in Iraq. Second: The Board shall annually prepare and publish a report (the "Annual also include a statement of audits, evaluations, and related work initiated upon 3 CPA/ORD/18 April 2004/77 formal request by the Commission on Public Integrity, the Coalition Provisional Authority, the Iraqi Governing Council, or the body vested with the national legislative authority. The Annual Report shall further assess the overall adequacy and effectiveness of government measures taken to ensure efficiency and transparency in the use and disbursement of public funds in Iraq, and include any legislative or other proposals determined by the Board to be necessary to the fulfillment of its duties as a supreme audit institution. Third: The Board shall publish and widely disseminate the final results of its work product, including all audits and performance evaluations, plans and reports. At least quarterly, the Board shall publish a list of its recent audit reports and distribute the list as widely as possible, using the Internet if available. All reports shall be made available to the press and any interested person upon written request. This Section does not apply to information classified for national security purposes by authorized agencies. Fourth: The Board shall establish procedures for preparing and submitting to the body vested with national legislative authority the Annual Plan and the Annual Report within 90 days of the end of each fiscal year." 6) Article 7 of the Board of Supreme Audit Law is amended to add at the end the following paragraphs: "Fourth: When records necessary to conducting a Board audit or performance evaluation are not made available to the Board within reasonable time, the Board shall make a written request to the Inspector General of the ministry under review. The request shall state the authority for inspecting the records and the reason for the inspection. The relevant ministry has 20 days to make the records available to the Board or describe the basis on which the records are being withheld. If the Board is not satisfied that reasonable ground exist for withholding the records, the Board may refer the matter to the Commission on Public Integrity for further investigation and, if necessary, enforcement of relevant disclosure obligations. Fifth: The Board shall have the authority to audit classified programs and issue classified reports, so long as the auditors have the proper security clearance an rotect the classified information pursuant to all applicable laws and regulations.' 7) Article 8 of the Board of Supreme Audit Law is suspended. 8) Article 9 of the Board of Supreme Audit Law is amended to read as follows: "The Board shall have authority to perform financial evaluations of public contracts and to ensure that government grants, loans, facilities and privileges are employed for the purposes for which they were offered or loaned." 4 CPA/ORD/18 April 2004/77 9) Article 10 of the Board of Supreme Audit Law is amended to read as follows: *First: Upon discovering a financial infringement, or reasonable suspicion of a financial infringement, or other financial irregularity, the Board shall instruct the to this Section. Second: If a disagreement occurs between the Board and a ministry or other goverment entity, and the Board determines that referral to the ministry or other government entity would be futile, the Board may refer a matter directly to the Commission on Public Integrity for further investigation or enforcement of relevant laws and regulations." 10)Article 11, paragraph First, subparagraph e, of the Law is amended to read as follows: "d- Violations of the Code for State Employees and Social Sector Discipline or other regulations promulgated by the Commission on Public Integrity." 11) Article 12 of the Board of Supreme Audit Law is suspended. 12) Article 13 of the Board of Supreme Audit Law is suspended. 13) Article 15 of the Board of Supreme Audit Law is suspended. 14) Article 17 of the Board of Supreme Audit Law is amended to read as follows: "When necessary, the Board's President may and in the manner that he decides, enlist outside experts to assist the Board. Such experts shall be compensated in a manner to be determined by the Board, so long as such compensation is consistent with law and fully disclosed in the Annual Report. 15) Article 19 of the Board of Supreme Audit Law is suspended. 16) Article 22, Second, of the Supreme Board of Audit Law is suspended. Section 3 Entry into Force This Order shail enter into force on the date of signature. yasley L. Paul Bremer, Administrator Coalition Provisional Authority CPA/ORD/18 April 2004/77 Functional Diagram for an Office of Inspector General Minister/Agency I Inspector General Chief of Staff/Operations Officer FO/HR/ IT/Legal Security/Training Deputy for Audit Deputy for Inspectors Deputy Auditors Inspectors 4/12/2004 Page 1 of 1 Inspector General Deputy Inspector General AlG Audit AIG Inspections AIG Investigations five i me 4/17/2004 http://www.cpa-ig.org/images/org_chart.gif Page 1 of 1 Coalition Provisional Authority Inspector General | Report Fraud, Waste and Abuse About CPA-IG | Report Fraud and Abuse | CPA-IG Reports | Initiatives | News Ror Report Fraud and Abuse REPORT FRAUD, WASTE AND ABUSE • Guidelines Report Fraud, Waste and Abuse Hotline The CPA-IG Fraud, Waste and Abuse Hotline is the CPA system wherein complaints ar • Contact Information investigated, and corrective measures are instituted. We refer complaints to the appr agency or organization, or investigative agency for Inquiry or investigation. We review Submit Complaint investigations to assure independence and thoroughness. The CPA-IG staff works clos contact involved In the CPA or Iraq reconstruction to ensure that complaints are efficie FAQS investigated and reported. it crimal, frid, itary a and price lusts es be ro fersiona investigates. rimary responsibility is to receive and evaluate your concerns and complaints, and t esponsible to conduct an inquiry or investigation if appropriate. In many instances w FOIA Terms of Use I Privacy Policy | Contact Us | Related Links 4/18/2004 http://www.cpa-ig.org/fraud.html Coalition Provisional Authority Inspector General | Report Fraud, Waste and Abuse G... Page 1 of 1 About CPA-IG | Report Fraud and Abuse | CPA-IG Reports | Initiatives | News Ror Report Fraud and Abuse HOTLINE GUIDELINES What should be reported • Guidelines The below listed violations should be reported to the CPA-IG Fraud, Waste and Abuse Contact Information • Violations of law, rule or regulation • Submit Complaint • Substantial and specific danger to public health or safety • Contract and procurement irregularitles: FAQS o Cost/labor mischarging O Defective pricing O Defective parts o Bid rigging o Product substitution o Spare parts overpricing • Bribery and acceptance of gratuities Significant cases of mismanagement Conflicts of interest Travel fraud Abuse of authorit • Theft and abuse of U.S. or Iraq Government or CPA propert • Violations of the Whistleblower Protection • Gross waste of funds When calling or sending in a complaint, please be as specific as possible. Your compla • The individual's full name • Position, title, and grade • Work location with street and mailing address, if available : Specialy es and time doing you are reporting Specific location where wrongdoing occurred How the individual completed the alleged wrongdoing • Why the individual perpetrated the offense • Why you believe the alleged activity was handled inappropriately linor incidents of offenses listed above, l.e., minor time and attendance abuse, or m roperty or vehicles should be reported to your local chain of command, or investiga encourage you to register complaints and grievances through appropriate managemer channels, and submit suggestions for management improvements through the proper matters involving requests for individual relief should be handled through the appropn FOIA Terms of Use Privacy Policy Contact Us Related Links http://www.cpa-ig.org/guidelines.html 4/18/2004 Draft 4-16-04 Iraq's Inspector Generals AGENDA DATE/Location: Tuesday, 20 APRIL 2004 (10:30 - 12:30 PM) LOCATION: Ambassador Bremer's Conference Room - Room M 109 EVENT TIME Leaders 0900 Shuttle of IGs begins at (b)6) Ck Pt #3 (Meetings with available Senior Advisor/Senior Advisor Staff in Palace) 0945 - 1000 Last shuttle to Palace I & P Staff (Room M 109) Meeting Begins Dr. (b)6) 1030 - 1045 Introductions 1045 - 1130 * Inspections Template Maj (b(6) (bX6) * Investigation Template * Audit Template Sustainment Plan 1130-1200 Dr. (b)6) (CPI, BSA and IGs) 1200 - 1230 OIG Organizational design, Dr. (b)(6) IG Pay & Staff Selection IG Budget 2004 & 2005 Meeting Ends 1230- 1300 Transport to Ck Pt 3 Inspector General System 1. Introduction 2. CPA IG 3. Iraqi IG Functions 4. CPA Hotline & Iraqi Hotline 5. Ministry IG Seminar 1 April Convention Center 8:30 - 15:30 - dust Tues. 6. IG business on Tuesday's ministers miting; Ministry Meeting ticked about n4.-0.1=04 Budget Requirements Planning Criter 1. Staff Salaries & benefits 2. Facilities maintenance 3. Office operating costs 4. Training costs 5. Travel costs 6. Security costs 7. Other 4/12/2004 14i-12-04 3/27/04 CPA Senior Advisors: Re: CPA IG and Ministry IG Training The CPA Office of Inspector General (CPA IG) has recently been stood up within the CPA, with forward elements headquartered in (b)(6) Arlington VA. To date, Inspectors Elements located in (b(6) Generals have been approved/appointed in 18 of the 25 Ministries. CPA IG is working with the other CPA Offices, Ministers, and their Advisors in reviewing nominees for the remaining Ministry IG positions. The function and duties of Inspectors General are not universally understood. However, anti-corruption is at the heart of a large part of what IGs do. An Inspector General acts as an extension of the eyes, ears, and conscience of their Commander/Ministry Head to fight and reduce fraud, waste and abuse of power. The IG system is a governing mechanism to further efficient, effective, and "principled governance" in democratic rule. The IG is accountable to their respective Minister to ensure that complaints and allegations of corrupt practices are "independently and objectively" investigated and that the results of that work is presented to the Minister for consideration of any appropriate follow-on action. One of the feedback inechanisms to help the Ministry IGs perform their duties more effectively will be an anonymous IG Hotline. The Hotline is where individuals can call to report/e-mail or write too, on matters they consider inappropriate, criminal, or otherwise corrupt. The Hotline acts as a feedback loop where complaints are screened and forwarded to the appropriate ministry IGs for their assessment and potential investigation. The complaints are then monitored so that actions are recorded and reported. The CPA IG is working to activate that Iraqi Hotline mechanism in early April. In addition to this new Iraqi hotline, the CPA intranet website is now linked to the already existing DoD IG Hotline. When complaints/allegations of corruption are reported through the DoD Hotline, CPA IG Rear will have both English and Arabic Hotline operators to receive, assess, and manage those complaints. Depending on the nature of the complaint, it may be forwarded to CPA IG Forward for review, or portions of the investigation may be conduced in the US, if that is found appropriate. CPA IG has developed several module training programs designed to provide a Ministries in the last few months. (b)(6) Ph.D. Director, Inspections and IG Training CPA IG Page 1 of 1 (b)(6) (b)(6) From: _on behalf of Executive Secretary Sent: Sunday, May 16, 2004 12:01 AM To: CPA Ministries (b)(6) Cc: Executive Secretary MEMO from the Administrator to the Ministers - IGs Subject: Importance: High forwinded Senior Advisors, Please arrange for the attached memo - Arabic and English versions - to be _(OPPA) at provided to your Minister as soon as possible, as forewarned by (b)(6) this morning's 7.30 meeting. Please also ensure that the IG in your ministry receives a copy. (Those IGs who attended the IG meeting this morning received a copy of the English version and a draft and incomplete Arabic text, so they will need the final version.) You will note that there is a deadline (May 23) for Ministers to submit any proposal for additional funding for the IG offices. The Ministry of Finance will be following up. If you have queries, or your Ministers or their IGs have queries that you cannot answer, Jor (b6) please contact Dr (b)(6) I who are cced above. Regards, (b)(6) Executive Secretariat 5/16/2004 COALITION PROVISIONAL AUTHORITY BAGHDAD MEMOR INDUM FOR: INTERIM MINISTERS FROM: L. Paul Bremer I, Loisraor SUBJECT: Inspectors General - Development of Organizations and Pay Arrangements You know the importance that I attach to the development of the role of the Inspectors General. I am now following up our discussion last Saturday, May 8. We agreed previously that funding would need to be made available for the full staffing of the IGs' offices in the 2005 budget. We should now start to build up those offices, taking into account the difficult budgetary position of the government. My officials have consulted the IGs about the guidance and instructions that follow. This advice will be followed up further with your officials by the Budget Department of the Ministry of Finance. Development of IG Organizations The IG staff at each ministry will normally consist of the IG, a Chief of Staff (who can deputize as necessary), and professional and administrative staff appropriate to the scale of the Ministry's operations, covering the areas of investigation, audit, inspection and ethical training. Each IG office should employ a staff of not less than five, including the IG. Many offices will need to be larger, in some case much larger. Each member of staff will need a clearly defined position in the new IG organization, including a job description. The size of the ministry's budget and the number of staff it employs (including state owned enterprises) will help determine the number of IG staff required. Also relevant will be the ministry's operations outsider Breaded and the opportunities al rather in the option. Staff employed by the IG office will be paid according to the 11-tier pay scale established b CPA Order Number 30. This enables ministries to decide within their ovcrall allocations wha numbers and grades of staff their 1Gs can employ. The IGs are already working on their initial plans for their organizations. In making those plans, the IGs must sake into account all relevant staff positions and personnel that exist already withir their oren ministries that may now need to be redeploved lo work for the IG Your IG's plans should be fully reflected in your 2005 budget requess. UNCLASSIFIED •..... ... .. IGs have been asked to submit their plans for the build up of their organizations to you. You should ensure, with the help of your 1G, that any requirements for additional staff and financial resources are fully justified. If you seek additional resources, you will need to be able to IG Pay and Status Inspectors General will be paid at the Super "B" level of the 11-tier pay scale, as established by CPA Order Number 30, which is the pay level used for both Deputy Ministers and Directors General. Since IGs report directly to Ministers, they thus have the status of Deputy Ministers. The starting salary for IGs will be step 5 at the Super "B" level, unless the person appointed is already a government employee paid at a level above step 5; an individual in those circumstances would retain his or her current salary level. IGs will be eligible for pay incrcases as other officials are. IG pay increases will be guided by general rules of compensation applicable and established for Deputy Ministers on an annual basis. However, in view of the roles and responsibilities of the iGs, Ministers should consult the Commissioner of Public Integrity and the President of the Board of Supreme Audit about any proposal to grant or withhold a pay increase for an IG. The Commissioner and the Board President must have concurred with un IG pay increase for it to take effect. Incremental funding will be provided centrally to cover the salary of the IG in each Ministry. A copy of this memorandum will be provided to the Commissioner of Public Integrity and the President of the Board of Supreme Audit when they are appointed. UNCLASSIFIED COALITION PROVISIONAL AUTHORITY • OFFICE OF THE INSPECTOR GENERAL 12 May 2004 MEMORANDUM FOR MINISTRY OF EDUCATION • ATTEN: Judge (b)(6) FROM: CPA-IG M106 Main Presidential Palace Baghdad, Iraq SUBJECT: Inspector General (IG) Complaint - (# CPA 405-101) Our office received the attached correspondence regarding alleged a number of educators have been oppressed and reprised against by the school director in Karkuk. Since this is not a CPA/IG matter, and it can best be resolved through the Iraq Inspector the mal fre i aprople in it agony aide fore hey proving a diat regions let task. complainant within 60 days. Thank you for your time. If you have any questions, please contact me atf(b)(6) 1(6)(6) (6)(6) CPA-IG HOTLINE Branch Attachments: 1. Complaint THReE kwowN issuEs BEiG ...». WoRKED BY THE IG. 1. REPRESISION EF EDUCATORS 2. CHARGING FOR TUTORING TO GET GOD GRADES 3. TEACHER REGUIRING STUDENTS TO BRING FlOWERS iN HENCK SADAM'S BIRTHONY OR BE PINISHED (NA DOCUMENTATION) 400 Army Navy Drive • Arlington, Virginia 22202 RECOVER ??.i Date: 5-6-04 Case #:CPA 405-101 CPA-IG Hotline#: 703-343-8954 CPA HOTLINE COMPLAINT INTAKE WORKSHEET SECTION I. (To be completed by Admin Personnel) : DATE OF CALL: 5 May 04 Walk In COMPLAINANT'S RANK/NAME: Colleague's PHONE NO: N/A SUMMARY OF COMPLAINT: Complainant's alleges they have been oppressed and reprised against by the school director, and director general of the directorate of Education Kark PR: 9 July 04 Status: Closed **********************$$$* $ * 53335 7 5 5 5 5 6 56 34 76 76 345 396-36 74 39 76 76 369 39 39 34 72 39 70 36 80 249 72 76 39 54 7 3 37 SECTION I. (To be completed by Action Officer) DATE COMPLAINANT CONTACTED: BASE/LOCATION: DATE/TIME FRAME OF INCIDENT: SUBJECT(S): DISPOSITION: Refered to Ministry of Higher Education. 12 May 04 DATE CLOSED: 12 May 04 1 6) (6) ACTION OFFICER: Major (bX6) . x. 71;. c=E/0/1 In the name of God most Gracious most merciful To/ whom it may concern Subject/ practices against the trend As the results of practices of Bath and saddem's sort.. me and my colleague have been oppressed by the school director, and director general and assistant of the director general of the directorate of Education Kark/1, and two supervisors in the same directorate. As a result of that it had been issued a penalty of transferring outside the geographical location which my school lies in by the cooperation of the school director and one of the teachers in the school, so it had been creating a problem between me and the school director, as an effect of this problem it had been bringing a commission of investigation from the education directorate kark/1, where this commission had issued a penalty of transferring us from the school. According to A proposal I offer it to the Mr. Minister of Education it had been forming a minister commission for re-investigation, this commission issued decisions, like canceling the punishment of transferring and return me to the same geographical location that my previous school lies in, The director general and his assistant of Education directorate kark/! Refused applying the decision of canceling the punishment, but transferring me outside the previous geographical location, by the excuse of not having space in my old area, although I request from the general supervision director in the ministry of education of the necessity to cancel the punishment of transferring, Hereby I attach letters to prove that. To inform you that me suffer for the following O reasons :- I. there is no kindness in the behavior of school director I declared my wish to be in a position of school director in making (democratic) election to .... school directions. 2. There is no matter not from the ministry or from the Education directorate, with cooperating among the school director and two supervisors from the Education directorate, so in our school it had been held elections in way choosing frank names and not secret election this create a psychological fear for the teachers of the school, ( This follow the action of the teacher of fear in times of saddam). Foreign Language (b)(6) Foreign Language • o -- ; This force the teachers to agree on renew the period of direction for the school director, except me and my colleague we refuse to renew so this problem happened, where is the change which happened in Iraq...? How long the bath and saddam's directions will hold the matters in our country..? From the schools the first step begin for change. and this school still the bath and saddam's minds lead it. We call for serious work and act to change this routing reality. I demand : from you to raise the injustice from us, and return us to the same geo graphical location which we were in. .... With my thanks and appreciation Teacher of math Teacher of chemistry (b)(6) 1610) Haifa'a (b)(6) Director general of Education J 6(6) Kark/1 (b)(6) b/6) Assistant of director general Kark/1 (b)(6) Educational supervisor supervisor in Al- shabeba school (school of saddam group) (b)(6) supervisor in Al- Educational supervisor Qaria Al-Iraqi ( bad reputation) (b)(6) Scholl director of Al-Qadisia intermediate school for girls in Al-Masour (b)(6) Teacher of English Complaint Came t the ffice of the If through. an NGo: p-OC: Tones In the Name of God, the Most Merciful, the Most Compassionate Teachers Union / The General Center A practical Critical Study about Private Tutoring A presentation by Professor (b)(6) Teachers Union's Secretary/ The General Center Where do we start from?? The private tutoring is a contingent phenomenon which appeared in the Arab Homeland including Iraq in the late of sixties and beginning of seventies, and this emerged in Egypt encouraged the spreading of this phenomenon and teaching staff in specific schools such as (Baghdad College- Central Preparatory School for boys and girls- Dijla- Al-Ibtikar- Western Intermediate School- Al-Mansour Intermediate School- The talented schools, and later the Schools of Good Attraction). exploiting the exiguity of salaries and wages paid for the educator and the teacher in the elementary and high schools, and a specific pricing started to emerge in the schools and barbaric methodology. Ladies and Gentlemen, if the educational values in our society collapsed all other values i the society would collapse too because they are the foundation of the society on whis le society can with stand in the face of the most difficult circumstances and I can brie the seventies and eighties stages and the cons that accompanied them. 1- Appearance of parasitic groups in the society who are the families of the authorities, wars' merchants and their sons who could buy the consciences and science by low price. i." 2- Level and economic variance despite the mottos of the socialism and free education that called by entombed ba'athi regime, that are just notions which do not represent the reality, but they caused the gap to be bigger and bigger. 3- Accumulating of the teaching skills in specific schools for specific purposes. 4- Some öf teaching staff exploited the students utmost exploitation - bribe - administrative corruption and even the teacher day on the 1" of March is an ominous day knowing that it is including barefaced extortion of the pockets of in locc parentises of the students and in particular the schools of girls such as gifts that start with the dresses and end with the pieces of jewelry and money and all these cases were predestined. The teacher and the school management were secured by high orders come from Ministry which the administrative and conscience corruption peck its system and the educational corruption spread like wildfire all over Iraq poor it was or rich and the lower classes started suffering under the pressure of this extortion and the Iraqi family started suffering under this heavy burden which does not even (trim) with the financial output of the family. 5- Examinations system and placement of the questions were limited to specific groups of teachers which were on the top those mafias and the bargaining process was applied on the private teaching and indoctrinating the students signals (gestures, signs) that concern the examinations' methods and focusing on the important and the more important of the lessons, and this is a crime will not be forgiven by rights of the science and the teacher. 6- Printing of fascicles and workbooks of solved exams by some teachers which are programmed devastation for the educational methodology, and the student started to leave the teaching method and tended reading just the yellow papers which annihilated the remainder residuum of the education credibility. 7- Some of the schools in the popular areas suffered a lot which were considering every teacher administratively punished was obligatory expatriated, for example Al-Sadir city, when the teacher be punished and transferred to the Al-Sadir city, this considered as a punishment to him, I am wondering, why the punished teacher in not transferred to the Al-Mansour high school or Baghdad College that instructions were placed for these schools according to the respective basses and standards. On the other hand and during the nineties until the falling of the past regime, the chasm ras deepen that even the examination centers become markets for bidding and sellin nd buying, I don't hide the fact when I say the dealing was conducting inside th examination hall during distributing the examination forms by the managers and supervisors who sold their consciences by cheap price to impose this price which illegally earned that brought to them and their families the woes. So who gained illegal money, the loss was his life consequence even the drops of zeal and dignity which some people rant with. The solutions: 1- Adopting honest framework unpolluted with the Ba'ath past of its arms tainted with the blood of our people. 2- The director general who is responsible of his department affairs will not rest on the chair of this position, but he will be a mobile tool working in all directions in serving the educational wheel and sharp as a sword-edge against corrupted administrative positions, and he does not care about blaming the blamer when he says the truth. Getting the truth is what matters. 3- Purify the administrative staff from corrupted elements and we will not judge any blamer in saying the truth, and we will expose the droopy elements with our people's right, by visual media and symposiums that are represented by national parties because silence of the truth is a speechless devil. 4- Reviewing educational methodologies which does not match the new (incoming, up-to-date information) and alteration movement for the benefit of the repressed lasses of society, and placing methods that fit the school year period provide vill not be incomprehensible curriculums or difficult to be absorbed by th 5- Reviewing the test methods, means of examinations, consideration of the daily educational behavior and daily exertion (i.e. the daily preparation by the student) 6- The teacher should have the respective dignity when he contacts the general education departments, whereas the director general should listen to the teachers' claims with leniency as an educational man, not like a master sitting on the deacock throne. The director general is a servant for this people and the teacher group, but for them forasmuch be sitting in his position. He should meet with hi teachers on daily or weekly appointments basis with magnanimity listening to Dear brothers, teachers' community that was politically reasons discharged and chance in Iraq first and to be priority in Iraq. Wish you the best.... (b)(6) Central Union Secretary of Teacher Union- General Center 3/1/2004 Foreign Language Foreign Language Foreign Language Foreign Language Foreign Language Foreign Language Foreign Language Foreign Language Foreign Language Foreign Language Foreign Language Foreign Language Foreign Language Foreign Language Foreign Language Foreign Language Foreign Language Foreign Language Foreign Language Foreign Language Foreign Language Foreign Language Foreign Language Foreign Language Foreign Language Foreign Language Foreign Language Foreign Language Foreign Language Foreign Language Foreign Language