Cpa Order 17 Sofa

COALITION PROVISIONAL AUTHORITY ORDER NUMBER 17
STATUS OF THE COALITION, FOREIGN LIAISON MISSIONS, THEIR

PERSONNEL AND CONTRACTORS
Pursuant to my authority as head 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),
Recalling that under international law occupying powers, including their forces,
personnel, property and equipment, funds and assets, are not subject to the laws
or jurisdiction of the occupied territory,
Conscious that states are contributing personnel, equipment and other resources
to the Coalition in order to contribute to the security and stability that will enable
the relief, recovery and development of Iraq,
Noting that states are sending Foreign Liaison Mission Personnel to Iraq,
Conscious of the need to establish and confirm the status of such Coalition and
Foreign Liaison Mission Personnel in respect of the CPA and the local courts,
I hereby promulgate the following:
Section 1
Definitions
1) "Coalition Personnel" means all non-Iraqi military and civilian personnel

assigned to or under the command of the Commander, Coalition Forces, or all
forces employed by a Coalition State including attached civilians, as well as all
non-Iraqi military and civilian personnel assigned to, or under the direction or
control of the Administrator of the CPA.
2) "Foreign Liaison Mission Personnel" means those individuals who have been
issued Foreign Liaison Mission personnel identification cards by the Iraqi Ministry
of Foreign Affairs under the supervision of the CPA.
3) "Legal Process" means any arrest, detention or legal proceedings in the Iraqi
courts or other Iraqi bodies, whether criminal, civil, administrative or other in
nature.
4) "Parent State" means the state providing Coalition Personnel as part of the
Coalition in Iraq or the state providing Foreign Liaison Mission Personnel.
5) "Coalition contractors" means non-Iraqi business entities or individuals not

normally resident in Iraq supplying goods and/or services to or on behalf of the
Coalition Forces or the CPA under contractual arrangements.
6) "Coalition sub-contractors" means non-Iraqi business entities or individuals not

normally resident in Iraq supplying goods and/or services to or on behalf of
Coalition contractors and in respect of Coalition or CPA activities under
contractual arrangements
Section 2
Coalition and Foreign Liaison Mission Personnel
1) CPA, Coalition Forces and Foreign Liaison Mission, their property, funds and
assets shall be immune from Iraqi Legal Process.
2) All Coalition personnel and Foreign Liaison Mission personnel shall respect
the Iraqi laws applicable to those Coalition personnel and Foreign Liaison
Mission personnel in the territory of Iraq and the Regulations, Orders,
Memoranda and Public Notices issued by the Administrator of the CPA.
3) Foreign Liaison Mission personnel shall be immune from Legal Process.
4) All Coalition personnel shall be subject to the exclusive jurisdiction of their

Parent States and, they shall be immune from local criminal, civil, and
administrative jurisdiction and from any form of arrest or detention other than by
persons acting on behalf of their Parent States, except that nothing in this
provision shall prevent Coalition Forces personnel from preventing acts of
serious misconduct by Coalition personnel, or otherwise temporarily detaining
Coalition personnel who pose a risk of injury to themselves or others, pending
expeditious turnover to the appropriate authorities of the Parent State. In all such
circumstances the national contingent commander of the detained person shall
be notified immediately.
5) In respect of those Coalition personnel who commit an act or acts in Iraq for
which there are no criminal sanctions in the Parent State, the CPA may request
from the Parent State waiver of jurisdiction to try such act or acts under Iraqi law.
In such cases, no Legal Process shall be commenced without the written
permission of the Administrator of the CPA.
Section 3
Contractors
I) Coalition contractors and their sub-contractors as well as their employees not

normally resident in Iraq, shall not be subject to Iraqi laws or regulations in
matters relating to the terms and conditions of their contracts in relation to the
Coalition Forces or the CPA. Coalition contractors and sub-contractors other
than contractors and sub-contractors normally resident in Iraq shall not be
subject to Iraqi laws or regulations with respect to licensing and registration of
employees, businesses and corporations in relation to such contracts.
2) Coalition contractors and their sub-contractors as well as their employees not

normally resident in Iraq, shall be immune from Iraqi Legal Process with respect
to acts performed by them within their official activities pursuant to the terms and
conditions of a contract between a contractor and Coalition Forces or the CPA
and any sub-contract thereto.
3) In respect of acts or omissions of Coalition contractors and sub-contractors as

well as their employees not normally resident in Iraq, which are not performed by
them in the course of their official activities pursuant to the terms and conditions
of a contract between them and the Coalition or the CPA, no Iraqi or CPA Legal
Process shall be commenced without the written permission of the Administrator
of the CPA.
Section 4
Duration of Immunity From Legal Process
The immunity from Legal Process provided by the present Order to Coalition
personnel and Foreign Liaison Mission personnel as well as Coalition
contractors, sub-contractors and their employees not normally resident in Iraq
operates only in respect to acts or omissions by them during the period of
authority of the CPA.
Section 5
Waiver of Legal Immunity and Jurisdiction
1) The immunity from Legal Process of Coalition personnel, Foreign Liaison

Mission personnel, Coalition contractors and their sub-contractors as well as their
employees not normally resident in Iraq is not for the benefit of the individuals
concerned and may be waived by the Parent State.
2) Requests to waive jurisdiction over Coalition personnel or Foreign Liaison

Mission personnel shall be referred to the respective Parent State.
3) Requests to waive the immunities with respect to Coalition contractors and

subcontractors and their employees not normally resident in Iraq as set forth in
Section 3 of this Order shall be referred to the respective Parent State with which
the contractor has contracted.
Section 6
Claims
1) Third party claims including those for property loss or damage and for
personal injury, illness or death or in respect of any other matter arising from or
attributed to Coalition personnel or any persons employed by them, whether
normally resident in Iraq or not and that do not arise in connection with military
combat operations, shall be submitted and dealt with by the Parent State whose
Coalition personnel, property, activities or other assets are alleged to have
caused the claimed damage, in a manner consistent with the national laws of the
Parent State.
2) Third party claims for property loss or damage and for personal injury, illness
or death or in respect of any other matter arising from or attributed to Foreign
Liaison Mission personnel shall be submitted and dealt with by the Parent State
whose Foreign Liaison Mission personnel, property, activities or other assets are
alleged to have caused the claimed damage, in a manner consistent with the
national laws of the Parent State.
Section 7
Entry Into Force
This Order shall enter into force on the date of signature.
CPA/ORD/26 June 2003/17

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COALITION PROVISIONAL AUTHORITY ORDER NUMBER 17

STATUS OF THE COALITION, FOREIGN LIAISON MISSIONS, THEIR

Pursuant to my authority as head of the Coalition Provisional Authority (CPA),

1) "Coalition Personnel" means all non-Iraqi military and civilian personnel

5) "Coalition contractors" means non-Iraqi business entities or individuals not

6) "Coalition sub-contractors" means non-Iraqi business entities or individuals not

Coalition and Foreign Liaison Mission Personnel

3) Foreign Liaison Mission personnel shall be immune from Legal Process.

4) All Coalition personnel shall be subject to the exclusive jurisdiction of their

I) Coalition contractors and their sub-contractors as well as their employees not

2) Coalition contractors and their sub-contractors as well as their employees not

3) In respect of acts or omissions of Coalition contractors and sub-contractors as

Duration of Immunity From Legal Process

Waiver of Legal Immunity and Jurisdiction

1) The immunity from Legal Process of Coalition personnel, Foreign Liaison

2) Requests to waive jurisdiction over Coalition personnel or Foreign Liaison

3) Requests to waive the immunities with respect to Coalition contractors and

Entry Into Force

This Order shall enter into force on the date of signature.

CPA/ORD/26 June 2003/17

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