ACTION FOR CONTINUING IRAQI COALITION EMBASSIES

C O N F I D E N T I A L SECTION 01 OF 03 STATE 132140

SIPDIS

E.O. 12958: DECL: 12/25/2018
TAGS: AS EN ES IZ MARR MOPS PGOV PREL UK RO NATO
SUBJECT: ACTION FOR CONTINUING IRAQI COALITION EMBASSIES

REF: BAGHDAD 03940

Classified By: NEA DAS Richard J. Schmierer for reasons 1.4 b and d.


1. (C) Department requests Embassies Bucharest, San Salvador,
and Tallinn, along with USNATO, share the text in para. four
with host governments and NATO soonest to determine whether
the formulation meets those governments'/NATO's requirements
for authorities and protections for their forces in Iraq. If
so, posts should urge their hosts to engage with the GOI in
order to agree on an implementing exchange of diplomatic
notes or letters that would establish the nature and role of
their continued presence in Iraq.

Suggested Talking Points
--------------


2. (C) Posts may wish to draw on the following points when
they approach hosts. Embassies London and Canberra may also
use the information in this message, noting that HMG and the
GOA have already begun negotiations with the GOI:

- Now that the Iraq-U.S. Security Agreement has been
ratified, the GOI is focused on the status of Coalition/NTM-I
forces and personnel.

- The U.S. strongly supports the presence of the Romanian,
Salvadoran, Estonian and NTM-I contingents in Iraq beyond
December 31, 2008.

- The GOI has made it clear that any such continued presence
will be in a non-combat capacity.

- The appended draft legislation was approved by the Council
of Ministers on December 16 and is now awaiting action by the
Council of Representatives.

- Under the draft law, Romania, El Salvador and Estonia must
withdraw their contingents from Iraq by July 31, 2009 unless
subsequently invited by the GOI to extend their stay.

- NATO Specific: Article 3 of the draft text specifically
authorizes an invitation to extend the presence of forces
beyond July 31, 2009. PM Maliki has indicated that he
intends to request an extension of NTM-I's presence until (at
least) December 31, 2009.

- If Romania, El Salvador, Estonia and NATO find that the
proposed legislation will provide sufficient legal
authorities and protections for their forces' continued
presence in Iraq, their governments should immediately engage
the GOI on developing an implementing exchange of diplomatic
notes or letters, establishing the details of their continued
presence in Iraq.

Background
--------------


3. (C) The Iraqi Council of Ministers (CoM) approved
legislation on December 16 asking for the continued presence
of UK, Australian, Romanian, Salvadoran, Estonian and NATO
Training Mission Iraq (NTM-I) personnel beyond December 31,

2008. The legislation is now pending Council of
Representatives (CoR)action. Three readings are required
followed by the signing into law by the Presidency Council,
so the draft law will not come into effect for at least
another week. The draft law (reftel) will: a) authorize
their temporary presence in Iraq until July 31, 2009; b)
provides for a concurrent jurisdiction regime, exempting, in
part, said forces from Iraqi legal jurisdiction for the
period of their temporary presence and exempts forces and
personnel from Iraqi taxation; and c) authorizes the GOI to
enter into implementing agreements with the governments and
parties concerned on the tasks and activities of the
respective forces. The UK has agreed in principle to the
proposed legislation. Australia has concerns as to whether
the legislation would allow it to continue its participation
in naval activities in Iraqi waters in protection of Iraqi
oil facilities. The GOI has indicated its intention to
maintain the current provisions of CPA 17 until the new

STATE 00132140 002 OF 003


Coaltion Presence Law passes.

Draft Text of Proposed Legislation
--------------


4. (U) The following is a verbatim translation of the
proposed draft legislation:

The 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 their temporary presence in it.

Article 1: The forces of the United Kingdom and Northern
Ireland are permitted to stay in Iraq to complete the tasks
they are given, and for these tasks to end no later than the
31st of May 2009, and to fully withdraw from Iraq no later
than the 31st of July 2009.

Article 2: The forces of Australia, Romania, Estonia,
Salvador, and NATO are allowed to stay in Iraq to complete
the tasks they are given, and for these tasks to end and them
to withdraw from Iraq no later than the 31st of July 2009.

Article 3: The government of Iraq can request the forces
mentioned in articles 1 and 2 of this Law to withdraw earlier
from Iraq, and it can request an extension of the presence of
any of these forces beyond the date set for their withdrawal,
for purposes of training, technical
support and maritime support, exclusively, and as decided by
the Government of Iraq.

Article 4: (a) Members of the forces referred to in Articles
1 and 2 of this law and members of the Ministries of Defense
of the countries to which those aforementioned forces belong,
who are working with those forces, shall be subject to the
jurisdiction of Iraq, with the exception of
crimes committed by them while on duty which are not
committed with intent or do not arise from gross negligence,
and with the exception of those committed by them inside
agreed facilities and military installations used by them, in
which cases they shall be subject to the
jurisdiction of the country to which they belong.

(b) The competent authorities of Iraq and those of the
respective states mentioned in Articles 1 and 2 shall consult
with the purpose of determining whether the exceptions above
apply in respect of a specific act.

(c) Custody of an accused member of the forces or Ministry of
Defense shall reside with the authorities of the state
concerned, and the accused member shall be made available to
the Iraqi authorities for the purposes of investigation and
trial.

Article 5: The forces mentioned in articles 1 and 2 of this
Law are exempt from all taxes and duties that can be imposed
on them in Iraq in relation to accomplishing their tasks
according to article 6 of this Law, just as members of the
aforementioned forces and members of the Ministries of
Defense of the countries to which those aforementioned forces
belong, who are working with those forces, are exempt from
all taxes and duties that can be imposed on the import and
re-export of their personal possessions.

Article 6: The tasks and activities of the forces referred to
in articles 1 and 2 of this Law and their facilities and
military installations during their temporary presence in
Iraq are to be specified by the Government of Iraq with the
agreement of the governments and parties concerned, providing
that these troops do not carry out any operations or military
activities within Iraqi land, airspace, and waters without
prior approval from the Government of Iraq.

Article 7: The forces mentioned in this Law shall return to
the Government of Iraq all camps, facilities, and buildings
occupied by them, after their withdrawal, free from any
debts or financial burdens.

Article 8: This Law is to be published in the Official
Gazette, and will be considered valid from the 1st of
January, 2009. End Draft Legislation.

Justification:

STATE 00132140 003 OF 003


Due to the continued need for the forces of the United
Kingdom, Northern Ireland, Australia, Romania, Estonia,
Salvador, and NATO to complete the tasks they are given, and
to provide the legal cover for their temporary presence in
Iraq, paving the way for their final withdrawal on a date no
later than the 31st of July 2009, this Law was legislated.

End Translation of Iraqi Text.

Responses
--------------


5. (U) In addition to appropriate desks and EUR/RPM, please
slug responses for NEA/I.
RICE