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UNCLASSIFIED
COALITION PROVISIONAL AUTHORITY
BAGHDAD
ACTION MEMO
August 9, 2003
FOR: THEADMINISTRATOR
FROM: Office of General Counsel
SUBJECT: Establishing and Implementing Governing Policies
The enclosed Memorandum reasserts the respective roles and authorities of the CPA,
central Ministries, Coalition Forces, and governorate, regional and local authorities in
establishing and carrying out governance policies in Iraq. The Memorandum responds to
concerns among the senior Ministry advisors that certain governorates are exercising
authorities and performing functions that are properly reserved to CPA and the central
mirfistries. The Memorandum:
• Reserves certain powers to the central ministries and CPA including:
o administration of local ministry offices and employees,
o exercise of de-Baathification authority,
o establishment of ministry salaries and benefits,
o distribution of national assets e.g. water and electricity,
o establishment or revision of taxes or fees, and
o control state owned enterprises;
• Confinns the authority of governorates and local administrations to perfonn
certain functions as specified under Iraq's·I969 Governorates Law, and describes
the role of municipal councils in infonning the policies of the CPA and Coalition
Forces commanders.
• Addresses the role of Coalition Forces in developing and implementing policy,
based upon their interactions with municipal councils.
• Recommend that the Administrator sign the Memo~ndum.
Approve: __ Disapprove: __ Approve with modifications: __
C?<?RDINA ~ION: Mmtstry Advisor {irade) (Raphel)
CJTF-7 (Political Advisor); Director of Governance (Carpenter); Senior
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UNCLASSIFIED
COALITION PROVISIONAL AUTHORITY
BAGHDAD
MEMORANDUM
August 8, 2003
FOR: Commander, CJTF-7
Coalition Provisional Authority (CPA) Officials
Iraqi Ministry, Governorate and Municipal Officials
FROM: Administrator, CPA
SUBJECT: Establishing and Implementing Governing Policies
The purpose of this memorandum is to ensure that governors, mayors and municipal councils
who have come to power since the collapse of the previous regime clearly understand the
authorities of national government offices. It outlines the national government's power, explains
the significant authorities and responsibilities oflocal officials, and describes the role the CPA
and CJTF-7 play in encouraging them to exercise those authorities.
With respect to national policy making, CPA Regulation Number 1 affirms that "CPA is
vested with all executive, legislative and judicial authority necessary to achieve its objectives, to
be exercised under relevant U.N. Security Council resolutions, including Resolution 1483
(2003), and the laws and usages of war." Further, as clarified in a May 13,2003 Memorandum
from the Secretary of Defense, the Commander of Coalition Forces shall directly support the
CPA by deterring hostilities, maintaining Iraq's territorial integrity and security, searching for,
securing and destroying weapons of mass destruction, and assisting in carrying out Coalition
policy generaUy.
In accordance with Regulation 1, the central ministries and CPA exercise authority by
working together with respect to national government policies. In particular, the following key
functions are exclusive prerogatives of the central ministries and CPA, and may not be
performed by governors and mayors:
fl. Creating or eliminating positions, ~d hiring and ftring of ministry officials posted in
governorate branch offices or facilities such as food warehouses, silos, public utility
plants;
b. Debathification policies and procedures, including the granting of any exceptions in
accordance with the Debathification Order Number I (CP A/ORD/16 May 2003/01 );
c. d. Establishing salaries and other benefits for present or retired ministry workers;
Designating ministry individual(s) specifically authorized to have access to bank
accounts;
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~· f. g. h. i. j. UNCLASSIFIED
Planning distribution of national assets such as electricity, water, or food ration items,
including for example, the electrical power allocation policy;
Establishing tariffs or fees for nationally provided items such as electricity, water,
telephone or food ration baskets;
Setting national government procurement policies or prices;
Establishing tariff structures for international border points;
Designating specific uses for public buildings; and
Controlling financial or material assets of state-owned enterprises
Although the constitutional and legislative framework for a fully democratic electoral process
is not yet in place, CPA has empowered citizen participation in the governing of their country
through the establishment of sub-national advisory councils.
Governorate, regional and local authorities provide a critical link to the population, as they
represent the will of the people and are best positioned to infonn CPA policies. Local authorities
carry out their responsibilities to address local concerns in part by engaging the CPA and central
ministries on those policy issues that affect their respective constituents.
These councils have been ~mpowered to assist the military, the CPA and the central ministries
in prioritizing local infrastructure projects, and, in these efforts, they have relied almost entirely
on their own abilities, with the support of regional military commanders, to get essential services
up and running. Various donor activities related to health, education and other setvices are also
assisting these efforts. To date, the central ministries have played little role in supporting these
effotts.
Iraq's law of governorates, enacted in 1969, authorized sub-national govenunents to address
citizen concerns through both the central ministries and their own independent structures.
Although the fanner regime used this law to control rather than empower, it identifies significant
responsibilities that are best perfonned by sub-national entities. In part, the law of governorates
permitted local governing councils to exercise the following responsibilities, which continue to
be P,.roperly perfonned at the local level:
a. Oversee central ministry operations in their administrative regions, except the army,
courts and university system. This oversight includes consulting on ministerial regional
appointments, evaluating ministry performance, and coordinating on major policy and
program decisions;
b. c. e. f. g. Develop industry and eliminate unemployment;
Promote sanitation and public health;
~- Preserve historic sites;
Develop general public works projects including housing;
Estimate and collect taxes and fees;
Prepare budgets for their administrative region, and submitting these budgets to the next
higher authority for review and incorporation into the overall national budget;
b. Oversee the Ministry of finance operations in their region to ensure compliance with
budgets and programs; and
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i· Address other issues of concern.
Central ministries keep chief executives and councils informed of activities in their regions.
The CPA encourages this symbiotic relationship between national and sub-national government,
and will empower sub-national government units to carry out these activities in accordance with
existing Iraqi taw, where possible and appropriate.
Coalition Forces also play a significant role in this process, by assisting policy
implementation at the local level, and by infonning the development of these policies through
the military chain of command. Military commanders should provide guidance and assistance to
advisory councils to help the councils meet their constituents' concerns. This support is
especially vital while these sub-nationa1 governing structures develop the capacity to operate
independently.
Our temporary governance role requires that we make every effort to maintain and improve
the level of public services for the Iraqi people. This job is too great to be handled by the central
ministries alone. Harnessing the commitment and energy of the advisory councils can help us
achieve our goal.
UNCLASSIFIED