COALITION PROVISIONAL AUTHORITY ORDER NUMBER 9
MANAGEMENT AND USE OF IRAQI PUBLIC PROPERTY
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),
Noting the needs of Coalition Forces and the CPA with respect to the use of public
property in order to meet their obligations and facilitate administrative functions,
Affirming the CPA's obligation to responsibly manage Iraqi public property on
behalf of the Iraqi people,
Furthering CPA Order No. 4, Management of the Property and Assets of the Iraqi
Ba'ath Party (CPA/ORD/25 May 2003/04),
I hereby promulgate the following:
Section 1
Register of Public Property
The CPA Facility Manager shall maintain a Register of Property and Assets
documenting relevant information concerning all public property occupied,
used, managed and assigned by the CPA, including all information that
must be recorded in accordance with CPA/ORD/25 May 2003/04.
Section 2
Categories of Public Property
This Order applies to the occupancy, use, management and assignment of
two categories of public property:
a) Category 1 - Property that is assigned to, occupied and used by the
CPA, Coalition Forces, Iraqi Ministries, government offices of
Coalition members, emerging Iraqi administrative or political
organizations, and property that is necessary for the administration
of social services to the people of Iraq; and
b) Category 2 - Property that is temporarily made available to private
individuals or organizations, including commercial or other
enterprises that provide services to, or at the request of, the CPA.
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Section 3
Category 1 Properties
1) Applications to occupy and use Category 1 properties shall be forwarded to
the CPA Facility Manager for approval. Applications shall be in writing,
and shall state the requirement for and proposed use(s) of the property, and
specifically describe the property sought, including its condition and exact
location.
2) Properties will be allocated at the discretion of the Facility Manager, in
accordance with priorities and policies set by the Administrator.
3) Where a property is allocated, the Facility Manager shall issue a Letter of
Authority that identifies the approved occupant, and the terms, conditions
and duration of occupancy and use.
4) The maximum duration of any occupancy and use approved under this
Order will be one year from the date of approval, or until the termination of
the CPA, whichever occurs first.
5) The CPA's approval of an application to occupy and use a Category 1
property shall not give rise to any obligation or liability on the part of the
CPA, or any State participating in the CPA, to any applicant, other than to
be left in quiet possession for the duration of the approved term, subject
only to the CPA's obligation to maintain security.
6) The CPA's approval of an application to occupy and use a Category 1
property shall not give rise to any obligation on the part of the Iraqi
Government in any way.
Section 4
Category 2 Properties
1) Applications for Category 2 Properties shall be forwarded to the CPA
Facility Manager for initial approval. Applications shall be in writing, and
shall state the requirement for and proposed use(s) of the property, and
specifically describe the property sought, including its condition and exact
location.
2) Properties will be allocated at the discretion of the CPA Facility Manager,
in accordance with priorities and policies set by the Administrator.
2
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3) Following approval by the CPA Facility Manager, the application will be
forwarded to the CPA Office of General Counsel, which will prepare a
license governing terms, conditions and duration of occupancy and use, and
specify the required consideration for occupaney and use of the property.
4) The maximum duration of any license executed under this Order will be
one year from the commencement date specified in the license, or until the
termination of the CPA, whichever occurs first.
5) No license executed under this Order shall give rise to any obligation or
liability on the part of the CPA or any State participating in the CPA to any
licensee, other than to be left in quiet possession for the duration of the
approved term, subject only to the CPA's obligation to maintain security.
6) No license executed under this Order shall give rise to any obligation on the
part of the Iraqi Government in any way.
Section 5
Preservation of Current Arrangements
1) Coalition Forces, CPA offices, Coalition government offices, Iraqi
Ministries and other Iraqi government entities already occupying public
property shall follow the procedures set out in Section 3 herein for a Letter
of Authority documenting their continuing occupancy and use of public
property.
2) Any current occupations of Category 2 property shall follow the procedure
set out in Section 4 herein for execution of a license governing continuing
occupancy and use.
Section 6
Inspections
1) The CPA Facility Manager shall have the authority to enter properties
covered under this Order, in order to inspect and inventory such properties
and assets. The Facility Manager may remove furnishings, assets or other
movable property from public buildings for storage, or transfer such property
between or among public buildings, as he determines appropriate. No
furnishings, assets or other movable property may be removed from or
transferred between or among public buildings, without the written approval
of the CPA Facilities Manager.
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2) Interfering with the Facility Manager in the performance of his duties
under this section, or removing furnishings, assets or other movable property
from public buildings without the approval of the Facility Manager, shall
constitute a violation of this Order, and may subject the violator to
appropriate punishment.
Section 7
Assignment of Functions and Coordination
1) The CPA Facility Manager may assign duties to other elements of the CPA,
and request the support of the Commander of Coalition Forces, as
necessary to accomplish the public property management responsibility
described in this Order.
2) In carrying out his responsibilities under this Order, the Facility Manager
shall coordinate closely with the Iraqi Ministry of Housing and
Construction, in order to facilitate the transfer of public property
management responsibilities to the future government of Iraq.
Section 8
Entry into Force
This Order shall enter into force on the date of signature.
WINe 616103
L. Paul Bremer, Administrator
Coalition Provisional Authority
CPA/ORD/08 Jun 2003/09