COALITION PROVISIONAL AUTHORITY ORDER NUMBER 26
CREATION OF THE
DEPARTMENT OF BORDER ENFORCEMENT
Pursuant to my authority as Administrator of the Coalition Provisional Authority
(CPA), under the laws and usages of war, and consistent with relevant U.N.
Security Council resolutions, including Resolution 1483 (2003),
Recognizing that border controls are essential to the establishment of a free and
safe Iraq,
Recognizing that previous border functions were carried out by five different
government entities within the former Iraqi regime, and that the former Iraqi
regime often used these functions as tools to oppress the interests of the Iraqi
public,
Recognizing that it is desirable as soon as possible to restore the normal transit and
movement of people and commercial goods to and from Iraq,
Recognizing that such transit must be restored in a way that protects the security
and safety of the Iraqi public people and others lawfully present in Iraq,
I hereby promulgate the following:
Section 1
Establishment of the Department of Border Enforcement
1) There shall be established the Department of Border Enforcement for Iraq
as a department within the Ministry of the Interior.
2) The Department of Border Enforcement will monitor and control the
movement of persons and goods to, from, and across the borders of Iraq.
3) The Department of Border Enforcement shall conduct its activities
consistent with all applicable CPA Regulations, Orders, and Memoranda,
including CPA Order 16 regarding the Temporary Control of the Iraqi
Borders, Ports and Airports, and all Iraqi laws regarding immigration,
emigration, customs and quarantine, including the Customs Law of 1984,
unless specifically suspended by the CPA.
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Section 2
Responsibilities of the Department of Border Enforcement
1) Full authority, direction and control over all border-related functions
fonnerly exercised by the Ministry of Foreign Affairs, the Ministry of
Finance, the Ministry of Interior, the Ministry of Defense and the
Presidential Office, including border police, customs police, customs
inspections, immigration inspections, border port of entry facilities
protection, detention and deportation, coastal patrol, airport immigrations
and customs processing, passport issuance and inspections, and nationality
and civil affairs functions, are hereby vested in the Department of Border
Enforcement. The Ministry of Foreign Affairs retains the limited authority
to issue diplomatic and official passports necessary for official travel.
2) All facilities, equipment, and vehicles engaged in border-related functions
that were previously under the authority of the Ministry of Foreign Affairs,
the Ministry of Finance, the Ministry of Interior, the Ministry of Defense,
or the Presidential Office, all employees thereof, and all related funds for
such functions or payroll, are hereby transferred to the Department of
Border Enforcement. The Ministry of Foreign Affairs will retain such
facilities and equipment as are necessary to accomplish the limited
responsibility of issuing diplomatic and official passports.
Section 3
Cooperation Among Ministries and Governmental Offices
The Ministry of Foreign Affairs, the Ministry of Finance, the Ministry of
Interior, national defense agencies, the Presidential Office and the
Department of Border Enforcement, and all other relevant organs of
government, shall cooperate in this effort, including prescribing, under the
authority, direction and control of the CPA, any administrative procedures
necessary to carry out this Order. The Ministry of Finance, under the
authority, direction and control of the CPA, shall be responsible for
developing policy regarding border-related revenue functions.
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Section 4
Administrative Instructions
The interim Minister of the Interior, with the concurrence of the CPA
Director of Interior Policy, may issue such Administrative Instructions as
are necessary to carry out the purposes of this Order.
Section 5
Entry into Force
This Order shall enter into force on the date of signature.
AI /l/( 4 L. YaUl Bremer, Administrator
Coalition Provisional Authority
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CP A/ORD/24 Aug 2003/26