07-F-1141Contractors in Iraq 1July2004

. CONTRACTORS IN IRAQ 1 JULY 2004 CPA Order 17 (Revised) STATUS OF THE COALITION PROVISIONAL AUTHORITY, MNF ·IRAQ, CERTAIN MISSIONS AND PERSONNEL IN IRAQ • Contractor Privileges - Exemption from Iraqi Laws governing contract terms and conditions - Exemption for Iraqi licensing, registration or inspection laws governing: • Vehicles • Vessels • Aircraft (Note: All must carry 3rd party insurance) - Exemption from Iraqi taxes (corporate, income, social security) and visas, licenses and permits without payment of restriction. - Freedom of movement throughout Iraq. Free importation without duty, inspection, or customs fees or taxes of all equipment necessary to perform mission. - Free usage of all roads, bridges, waterways, and airports without payment of tolls, navigation or landing fees. Contractor Immunities Immunity from Iraqi legal process and jurisdiction for acts pe~ormed within the scope of their contracts. Immunity from any form of arrest or detention. (Note: Contractors are subject to the exclusive jurisdiction of their Sending State. Immunity from legal process may be waived by the Sending State) CPA Memorandum 17 REGISTRATION REQUIREMENTS FOR PRIVATE SECURITY COMPANIES (PSC) All PSCs must be registered with the MOT with operations regulated by the MOl. Licensing Register with MOT (Business License). Apply to MOl (PSC Registration and Vetting Office) for Operating Permit (e.g. background check intended to prevent hostile elements from legitimizing activities). Grace period until31 AUG 04. Bonds/Insurances Bonds: All PSCs submit $25K bond to MOl. Additional sums may be required by MOl on a pro-rata scale. Sixty day notice period. Bonds may be forfeited if: PSC fails to provide updated information to MOl every six months. Employees or companies breach Iraqi law. (Decisions to forfeit bond or revoke operating License by MOl must be reasonable and proportionate to the offense. Mitigating factors to be considered). Insurances: All PSCs must have public liability insurance in an amount to be published by the MOl. Exemptions may be granted by MOl if securing such insurance is not practicable. CPA Memorandum 17 REGISTRATION REQUIREMENTS FOR PRIVATE SECURITY COMPANIES (PSC) • Weapons - ALL PSC employees must obtain and carry an MOl-issued weapons card - PSCs must obtain weapons import certificate from MOl when importing weapons (Type, serial numbers) - MOl must receive proof of Sending State registration, certification of weapons training, serial numbers and type of weapons, names of employees, details of intended mission, and copies of contracts. PSCs must: Update MOl on weapons inventory and serial numbers every six months or risk license forfeiture Store weapons in secure facilities Ensure employees only use authorized weapons (CPA Order 3) (no private weapons) Ensure employees carry weapons cards. Ensure no law enforcement activity (criminal investigations) Audits PSCs are liable to periodic audits by the MOl to be carried out by an independent auditing firm to ensure compliance. Financial audits may be instituted by MOT. Revocation or Suspension of Operating License If a PSC or employee breaches Iraqi law, the MOl may suspend or revoke the operating license. The bond may also be forfeited. (Reasonableness-proportionality and mitigation standards apply). Oversight Committee Memo 17. MOl will establish this committee vested with general inspection and auditing responsibilities required by the Compliance All PSCs must ensure employees comply with (ROF-AnnexA), and Code of Conduct (Annex B) Contractor Security In Iraq v. 3.0 • Developed from revisions to v 2.0 (23 Jun 04) - Purpose • Provide immediate guidance to contractors working in Iraq • An Iraq-centric blueprint for contractor coordination and security Features: Cerlification and Tracking: Certification Requirements (CSO, PCO development with ESG) Tracking Process (registration with CSO, database) Weapons Policy Overview: Weapons Standards (safety rules, ROF) Weapons Control and Training: Comoliance with certification Reauirements (CPA 17. CPA Memo 15) Contractor Security In Iraq v. 3.0 • Developed from revisions to v 2.0 (23 Jun 04) - Purpose • Provide immediate guidance to contractors working in Iraq • An Iraq-centric blueprint for contractor coordination and security Features: Cerlification and Tracking: Certification Requirements (CSO, PCO development with ESG) Tracking Process (registration with CSO, database) Weapons Policy Overview: Weapons Standards (safety rules, ROF) Weapons Control and Training: Comoliance with certification Reauirements (CPA 17. CPA Memo 15)