JOINT COOPERATION COMMITTEE TERMS OF REFERENCE

UNCLAS SECTION 01 OF 05 STATE 035495 SIPDIS SENSITIVE E.O. 12958: N/A TAGS: PREL ECON EAID SCUL SOCI TSPL IZ SUBJECT: JOINT COOPERATION COMMITTEE TERMS OF REFERENCE REF: STATE 5482 ¶1. (SBU) Washington agencies and Embassy Baghdad have completed the Terms of Reference for the four Joint Cooperation Committees charged with implementing the Strategic Framework Agreement. Final texts of each TOR (Law Enforcement and Judicial Cooperation, Economic and Energy Cooperation, Services and Information Technology Cooperation, and Cultural, Educational, and Scientific Cooperation) are found in paragraph 2 and following. Point of Contact for SFA and JCC issues in the Department is Rob Pyott in NEA/I/ECON (202-647-6027, pyott 'at' state.gov. The Department appreciates Embassy Baghdad's work in establishing the JCCs and related Working Groups. TOR: Law Enforcement and Judicial Cooperation -------------- ¶2. (SBU) JCC CONTRIBUTION TO THE U.S. STRATEGIC GOAL IN IRAQ: The Rule of Law is a foundation for attaining the US strategic goal in Iraq, namely, an Iraq that is sovereign, stable, and self-reliant. Put concisely, we seek an Iraq where all persons, institutions, and entities, public and private, including the state itself, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated, and which are consistent with international human rights norms. We further seek an Iraq that is a full partner against common transnational criminal threats. As described by the Iraqi co-chair, the JCC will serve to forge a common goal and strategy to implement justice across Iraqi ministries and in cooperation with the United States. Its purpose is to share information and to elicit and coordinate concrete, information sharing, practical suggestions and proposals in support of this goal. ¶3. (SBU) JCC OBJECTIVES: Section VIII of the Strategic Framework Agreement identifies three objectives for the JCC: (1) support the further integration and security of the Iraqi criminal justice system, including police, courts, and prisons; (2) exchange views and best practices related to judicial capacity building and training, including on continuing professional development for judges, judicial investigators, judicial security personnel, and court administrative staff; and (3) enhance law enforcement and judicial relationships to address corruption, and common transnational criminal threats, such as terrorism, trafficking in persons, organized crime, drugs, money laundering, smuggling of archeological artifacts, and cyber crime. The JCC endorses these objectives. Further, while the JCC,s scope may be interpreted broadly across the Rule of Law area, as reflected in the breadth of ministries participating, certain matters are entrusted exclusively to the committees established by the Security Agreement, such as the disposition of security detainees in coalition custody. ¶4. (SBU) JCC "WAYS" (HOW THE OBJECTIVES ARE ACHIEVED): Each participating Iraqi ministry has been invited to form a committee or working group, with members drawn from all its relevant departments, to assess each ministry,s needs and to devise a strategy for SFA implementation. This includes the presentation of ideas and proposals at the JCC to both the United States and other Iraqi ministries. The United States is invited to work with these committees. The basis for these discussions will initially be the strategy documents prepared by six participating ministries and submitted to the United States on March 10. ¶5. (SBU) We will prioritize engagements with the HJC, MOJ, and MOI. The Rule of Law Coordinator will oversee JCC engagements with the Higher Judicial Council. As these meetings occur, the relevant Embassy offices and agencies, including U.S. law enforcement agencies, will participate fully in developing proposals and SFA implementation plans in partnership with the GOI. In addition to those GOI committees already mentioned, the GOI will be requested to form an anti-corruption committee with whom the Embassy Anti-Corruption Coordinator can engage. Initially, we expect to work on a more ad hoc basis with those JCC subcommittees established by other ministries. 6.(SBU) The JCC may also be used to raise issues that may arise in USG assistance programs, such as steps needed for timely activation of USG-funded prison construction projects, or identified in other Iraqi entities, such as, in the case of money laundering, the Central Bank of Iraq. The JCC will be a forum to troubleshoot issues that may arise. The JCC will also prepare periodic reports of progress. In each case, given declining U.S. resources, emphasis will be placed on STATE 00035495 002 OF 005 identifying the greatest impediments to further progress in advancing the rule of law and devising solutions to address them. ¶7. (SBU) JCC "MEANS" (RESOURCES APPLIED TO ACHIEVE THE OBJECTIVES): The JCC itself will be a forum for U.S. representatives to encourage and facilitate action in high priority areas, as well as to identify specific issues/areas requiring higher level diplomatic attention. It is noteworthy that USG financial resources for Iraq will likely decline over the next several years but should continue to support our objective and the ways in which we work to achieve them. We should expect that Iraq assumes more financial control and responsibility for its programs. ¶8. (SBU) The means include those USG financial resources, as appropriated by Congress, to support the GOI's Rule of Law efforts, as well as to support USG law enforcement efforts in the region. We expect foreign assistance to be focused primarily on continued advisory assistance in areas that may include strengthening the independent judiciary, including through judicial capacity-building and training, in both the civil and criminal areas; combating corruption; modernizing and integrating the criminal justice system (police, courts, and prisons); supporting legal prerequisites for economic development; enhancing the quality of the Iraqi bar; and promoting human rights. As a general matter, the GOI will be required to fund future infrastructure needs; furnishing, operations, and maintenance of facilities associated with these programs; GOI personnel costs, such as training and salaries; and associated equipment and material support. The GOI will increasingly need to adequately resource judicial, law enforcement and corrections programs to accomplish the JCC objectives. This is of particular importance in the corrections and judicial security areas. The focus of such efforts will be on technical assistance, rather than bricks and mortar projects, as it already has been during the first meetings of the JCC. ¶9. (SBU) MEASURES OF EFFECTIVENESS: (1) The conditions set forth in the Joint Campaign Plan are attained. (2) The JCC meets regularly, effectively oversees and tracks progress against the three objectives specified in Section VIII of the SFA, and becomes a forum to generate broad GOI-USG consensus about priorities and initiatives in each area. (3) Impediments to future progress are discussed and strategies for addressing them are identified. (4) Ongoing USG assistance programs in the Rule of Law area are reviewed, accomplishments documented, problems identified, and future needs discussed. (5) Law enforcement cooperation is enhanced to combat common transnational criminal threats. ¶10. (SBU) LEVEL OF IRAQI COORDINATION ON THIS TOR: The ToR set forth here are fully consistent with those plans and objectives discussed at the JCC meetings convened on February 12 and March 10, 2009. The document itself has not been coordinated with the GOI. TOR: Economic and Energy Cooperation -------------- ¶11. (SBU) JCC CONTRIBUTION TO THE U.S. STRATEGIC GOAL IN IRAQ: Help Iraq to build a stable, prosperous, market-oriented economy that provides services to its people and is integrated into the global economy. Iraq needs to sustain itself economically in order to build a stable democracy and be a significant ally. ¶12. (SBU) JCC OBJECTIVES: The Energy and Economic committee supports agreed goals in Section V of the Strategic Framework Agreement by focusing on national policy and legal/regulatory issues in contrast to the Services and Information Technology JCC focused on the delivery of essential services. These include provision of basic services, private sector development and investment, trade promotion, integration into the international economic and financial community, improved agricultural sector and trade policies, supporting commitments under the International Compact with Iraq, and energy sector development including the rehabilitation of facilities and infrastructure. The committee will work to advance development of Iraq's oil and gas resources, with a view to ensuring the GOI has the capacity to fund its own development. ¶13. (SBU) JCC "WAYS" (HOW THE OBJECTIVES ARE ACHIEVED): The JCC will meet quarterly to assess progress and set goals. Sub-Committee level Working Groups will meet to coordinate efforts to achieve agreed goals. The U.S.-Iraq Dialogue on Economic Cooperation will continue to meet yearly and will be a focus for both the Energy and Economic JCC and the Services and Information Technology JCC. Trade fairs, trade missions, STATE 00035495 003 OF 005 matchmaking, and other activities will be used to promote private sector cooperation. Pending Iraqi legislative approval, a Trade and Investment Framework Agreement (TIFA) Council meeting will be held. Efforts under the JCC will be in step with the International Compact with Iraq and coordinated with the UN, World Bank and other donors to leverage USG inputs. The following Working Groups will facilitate detailed technical discussion and goals: 1) Financial Sector and Public Financial Management; 2) Trade and Investment; 3) Oil and Gas Sector; 4) Electricity Sector (investment and new facilities); 5) Industry and Private Sector Development. Suggested U.S. co-chairs for the working groups are: 1) Financial Sector and Public Financial Management: Treasury Attache 2) Trade and Investment: Economic Counselor 3) Oil and Gas Sector: Energy Attache 4) Electricity Sector: ITAO Energy Advisor 5) Industry and Private Sector Development: Economic Counselor ¶14. (SBU) JCC "MEANS" (RESOURCES APPLIED TO ACHIEVE THE OBJECTIVES): The USG will continue to support GOI capacity building efforts, support for trade and investment promotion, and ensure there is qualified civilian staffing in Baghdad to support these efforts. ¶15. (SBU) MEASURES OF EFFECTIVENESS: Measures of Effectiveness will be applied at the Working Group technical level to show progress in the key goal areas as identified in Section V of the Strategic Framework Agreement. The Working Groups are best placed to determine specific measures of effectiveness during their initial meetings. TOR: Services and Information Technology Cooperation -------------- -------------- ¶16. (SBU) JCC CONTRIBUTION TO THE U.S. STRATEGIC GOAL IN IRAQ: Committee Five will seek to strengthen the relationship between the democratic government of Iraq and its population in order to bolster its legitimacy, increase unity and stability while promoting sustainable development. It will seek to find ways to help boost the capacity of the Iraqi government to deliver essential and basic human services and to establish a legal and regulatory environment hospitable to private investment enabling the development of a robust and diverse national economy. ¶17. (SBU) JCC OBJECTIVES: Committee Five encompasses goals in the SFA found in Sections VI - Health and Environment Cooperation and VII - Information Technology, as well as Section V - Energy and Economic Cooperation. It will focus on preparing Iraq for integration into the relevant international institutions and standard setting bodies through efforts such as: building capacity in developing modern laws, regulatory frameworks, and rational tariff platforms; rekindling a culture of maintenance and sustainment; and ensuring that the GOI has the capacity to continue to fund its own development. ¶18. (SBU) JCC "WAYS" (HOW THE OBJECTIVES ARE ACHIEVED): Several of these issues lend themselves to effective cooperation through working groups: We plan groups on Agriculture and Water; Transportation; Health and Environmental Cooperation; Information Technology and Communications; and Electricity and other Essential Services. We propose that the ministries under this rubric would be Health, Environment, Water Resources, Transportation, Agriculture, Communications, Municipalities and Public Works, and part of Electricity. Working Groups (WGs) would meet initially to set their agendas and then meet as necessary to advance the deliverables they have identified. They are further detailed below in Annex A. ¶19. (SBU) JCC "MEANS" (RESOURCES APPLIED TO ACHIEVE THE OBJECTIVES): Both officials and subject matter experts in Baghdad and the US will advance the work of these committees. U.S. officials will actively support GOI reform efforts, capacity development, and best practices in ongoing bilateral consultations. ¶20. (SBU) MEASURES OF EFFECTIVENESS: These may include improved or increased delivery of essential services, increase in available electricity capacity, closing the gap between actual cost of utility and price charged consumers, increased number of citizens with access to potable water, increased number of citizens with access to primary health STATE 00035495 004 OF 005 care, access to affordable food under an open market system that reduces the number of consumers on government subsidies. These measures should reflect adequate operational maintenance and sustainability. TOR - Educational, Cultural and Scientific Cooperation -------------- -------------- ¶21. (SBU) JCC CONTRIBUTION TO THE U.S. STRATEGIC GOAL IN IRAQ: Our goal is an enduring strategic partnership with a unified, democratic, federal Iraq that can govern, defend and sustain itself. ¶22. (SBU) JCC OBJECTIVES: The objective of the JCC is to build the basis for an enduring partnership with the United States by creating a network of institutional relationships, exchanges, partnerships and capacity-building that will produce leaders and citizens who understand and practice tolerance, transparency and accountability in support of economic opportunity, respect for the rule of law and peaceful participatory politics. ¶23. (SBU) JCC "WAYS" (HOW THE OBJECTIVES ARE ACHIEVED): The JCC will focus on promoting and encouraging collaboration and contacts between key Iraqi educational, cultural and scientific experts and institutions and their counterparts in the United States. Specific initiatives will include: --Promoting and facilitating educational partnerships by increasing cooperation between individual Iraqi and U.S. academics and universities, which may include faculty and student exchanges, joint research projects and curriculum development --Supporting participation of Iraqi agricultural professionals in USDA training programs to foster agricultural development and economic growth --Strengthening the Fulbright program by addressing challenges in the recruitment of qualified and diverse candidates and the high rates of non-return of Fulbright participants to Iraq --Supporting English language teacher training and instruction by facilitating access to English teaching resources and expertise; encouraging the expansion of English testing and training; promoting broader distribution of English language materials --Encouraging greater numbers of Iraqi students to study in the U.S. by facilitating access to information about the U.S. system of higher education in support of the Prime Minister's Iraqi Education Initiative and, ideally, reciprocal programs for U.S. students in Iraq. --Supporting the preservation of cultural heritage through institutional relationships and training between the Iraq National Museum and State Board of Antiquities and Heritage and U.S. counterparts, to include the Iraq Cultural Heritage Project (ICHP) announced by Ambassador Crocker and the ECA Assistant Secretary at the Iraq National Museum on October 2008 --Promoting professional and cultural exchanges by using the International Visitor Leadership Program and Citizen Exchanges' cultural and youth exchange programs to support Iraqi civil society --Assisting the Iraqi ministries, especially the Ministries of Education, Higher Education and Scientific Research, and Science and Technology, to further define their roles in, and increasing their contribution to, the Government of Iraq, Iraqi schools and universities, and its citizens --Supporting Iraqi efforts to develop the knowledge and skills of public and private sector scientists and engineers, including university professors and their students, so they are prepared as an innovative, 21st century workforce to best contribute to Iraq's economic redevelopment and prosperity --Encouraging Iraqi efforts in science and engineering research to help accelerate and sustain Iraq's economic development ¶24. (SBU) JCC "MEANS" (RESOURCES APPLIED TO ACHIEVE THE OBJECTIVES): Existing U.S. cultural and education programs can address many of the TOR objectives. The U.S. will also --Provide technical support for drafting bilateral cultural, educational, and scientific exchange agreements --Streamline and facilitating issuance of student and professional visas --Seek support from the independent U.S. higher education sector and from U.S. science and engineering agencies, independent institutions such as the National Academies of Sciences and Engineering, and private-sector companies --Enhance educational advising resources --Increase access to English teaching resources --Provide technical support to sustain joint agricultural STATE 00035495 005 OF 005 research, training and extension partnerships --Provide technical advice and training to increase, improve, and sustain Iraqi science and engineering research and education --Facilitate linkages between U.S. and Iraqi scientists and engineers (including Iraqi university professors and students) ¶25. (SBU) MEASURES OF EFFECTIVENESS: --Iraqis studying in the U.S. We would like to see the current number of 300-400 significantly increase over several years. --Students studying English. We would like to see an increase in the number of high school-aged Iraqis studying English. --Iraqis receiving agricultural extension training. We would like to provide advanced training to agricultural extension educators. --Educational partnerships. We would like to see increased opportunities for interaction between Iraqi academics and institutions and their American counterparts in higher education, including faculty and student exchanges. --Bilateral agreements. We would like to see the establishment of a framework for educational and cultural cooperation. --Visas. We would like to see a streamlined professional and student visa approval process. --Iraqi funding and type of Iraqi research. We would like to see GOI funding and published Iraqi research double over the next several years. CLINTON