AUSTRALIA SIGNS MOU ON EMBEDDED FORCES IN IRAQ

C O N F I D E N T I A L CANBERRA 001335

NOFORN
SIPDIS

E.O. 12958: DECL: 12/31/2018
TAGS: MOPS PREL MARR IZ AS
SUBJECT: AUSTRALIA SIGNS MOU ON EMBEDDED FORCES IN IRAQ

REF: CANBERRA 1322

Classified By: Deputy Chief of Mission: Daniel A. Clune: Reason: 1.4 (c
) and (d)


1. (C)SUMMARY: The Iraqi Ministry of Defense and the
Australian government signed an MOU in Baghdad on December 30
that covers activities of Australian military personnel
embedded with American troops in Iraq during the period Jan
1, 2009 until July 31, 2009. Full text of the MOU is at para
4 below. END SUMMARY


2. (C) December 31, Lloyd Brodrick, Director of the Iraq
Section at the Department of Foreign Affairs and Trade,
briefed poloff on the MOU, emphasizing that it only covered
Australian military units and their administrative and
logistical components that were embedded with American units.
The ADF security detachment at the Australian Embassy in
Baghdad is considered administrative and technical staff
under the Vienna Conventions. Australia's C-130 and AP-3C
aircraft will continue to operate in the region, but are
based outside Iraq. The frigate on oil platform duty has
withdrawn to international waters pending its replacement by
a U.S. warship.


3. (C) Brodrick conveyed GOA thanks to the U.S. for its
assistance in the preparation and the finalization of the
MOU.


4. (C) The text of the MOU follows:

Begin text:

Memorandum of Understanding

This Memorandum of Understanding was signed in Baghdad
between His Excellency the Minister of Defence on behalf of
the Republic of Iraq and His Excellency the Ambassador of
Australia to Iraq on behalf of the Government of Australia
today 30 December 2008 ("the two Parties").

In that the Council of Ministers of the Republic of Iraq
issued its Resolution number 439 on 16 December 2008
approving a draft law "The withdrawal of the forces of the
United Kingdom and Northern Ireland, Australia, Romania,
Estonia, El Salvador and NATO from Iraq, and the regulation
of their activities during the period of their temporary
presence in it" and referring it to the Council of
Representatives;

And in that the Council of Representatives of the Republic of
Iraq issued its Resolution Number 50 of 23 December 2008
authorising the Council of Ministers of the Republic of Iraq
to take the necessary measures to implement the withdrawal of
the forces of the United Kingdom, Australia, Romania,
Estonia, El Salvador and NATO completely by no later than 31
July 2009 and also regulate the presence and the conditions
and the activities of the aforementioned forces in accordance
with the content of the Council of Ministers Resolution 439
of 2008;

And in that the draft law for "The withdrawal of the forces
of the United Kingdom and Northern Ireland, Australia,
Romania, Estonia, El Salvador and NATO from Iraq, and the
regulation of their activities during the period of their
temporary presence in it" stipulates in Article 6 that "the
tasks and activities of the forces above and their facilities
and military installations during the period of their
temporary presence in Iraq are to be specified by the
Government of Iraq with the agreement of the Governments and
parties concerned".

On that basis, and discussions between representatives of the
two Parties, agreement has been reached on the following:
Qtwo Parties, agreement has been reached on the following:


1. The temporary presence of the forces of Australia, their
tasks and their activities and their withdrawal from Iraq
shall be regulated in accordance with the content of the
Resolution of the Council of Ministers of the Republic of
Iraq number 439 of 2008 and its attachment the draft law for
the ''withdrawal of the forces of the United Kingdom and
Northern Ireland, Australia, Romania, Estonia, Salvador and
NATO from Iraq, and the regulation of their activities during
the period of their temporary presence in it".


2. The tasks and activities of the forces of Australia during
the period of their temporary presence in Iraq are defined as
follows:

(a) specialist contributions by individual staff officers
serving with the forces of the United States; and

(b) administration, supply activities and other activities
for the Australian forces which enable or are incidental to
the activities in sub-paragraph (a).


3. During the period of their temporary presence in Iraq
Australian forces will be located within the bases and
facilities of the US forces in Iraq.


4. In conducting the tasks in Paragraph 2 above, Australian
forces are permitted to enter and exit Iraqi territory for he
purposes of rotating forces and to bring in and take out
their equipment.


5. The Australian forces and Iraqi Security Forces shall
waive all claims against each other arising out of the
conduct of the tasks in Paragraph 2 above, providing that
this does not contradict Council of Representatives
Resolution 50 of 2008.


6. All previous Exchanges of Letters between officials in the
Government of Iraq and the Government of Australia which
contradict the provisions of this Memorandum are abolished.


7. A Joint Committee between the two Parties shall be
established which shall be charged with following up
implementation of this Memorandum of Understanding and the
settlement of any issues which may arise from its
implementation.


8. This Memorandum of Understanding shall come into effect on
1 January 2009 and Australian forces shall fully withdraw
from Iraq by no later than 31 July 2009 in accordance with
Council of Representatives Resolution 50 of 2008.

For Australia, HE Robert J Tyson, Ambassador of Australia;
For the Republic of Iraq, HE Abdul Qader Al-Mufriji, Minister
of Defence of the Republic of Iraq.

End text.

MCCALLUM