COALITION PROVISIONAL AUTHORITY ORDER NUMBER 68 MINISTERIAL COMMITTEE FOR NATIONAL SECURITY Pursuant to my authority as Administrator of the Coalition Provisional Authority (CPA), and under the laws and usages of war, and consistent with relevant U.N. Security Council resolutions, including Resolutions 1483 and 1511 (2003), Recalling that U.N. Security Council Resolution 1483 (2003) calls upon the CPA to promote the welfare of the Iraqi people through the effective administration of the territory, including in particular working towards the restoration of conditions of security and stability and the creation of conditions in which the Iraqi people can freely determine their own political future, Noting the adoption of the Law of Administration for the State of Iraq for the Transitional Period on March 8, 2004, Acknowledging the need to have consistent access to high quality, impartial assessments of Iraqi national security interests from an Iraqi perspective, Recognizing the immediate need for structures to coordinate the work of the various agencies and Ministries charged with protecting and advancing the national security interests of Iraq, particularly in defining policies to counter the threat of terrorism, I hereby promulgate the following: Section 1 Establishment 1) The Ministerial Committee for National Security (MCNS) is hereby established. The role of the MCNS is to facilitate and coordinate national security policy among the Ministries and agencies of the Iraqi government tasked with national security issues. It is the primary forum for Ministerial- level decision making on these issues. 2) The MCNS shall operate under the authority, direction, and control of the Administrator of the CPA, and shall be chaired by the Administrator pending Upon transfer of full governance authority to the Iraqi Interim Government. transfer of authority to such a government, the MCNS will be chaired by the head of the Iraqi Interim Government (which, for the purposes of this Order, shall be the senior civilian head of the Iraqi Interim Government with national command authority as set forth in the Annex to the Law of Administration for the State of Iraq for the Transitional Period). Upon the formation of the Iraqi Transitional Government and dissolution of the Iraqi Interim Government, the MCNS will be chaired by the Prime Minister in accordance with Article 39 of the Law of Administration for the State of Iraq for the Transitional Period. Section 2 Membership of the Ministerial Committee for National Security 1) The permanent members of the MCNS shall be the Administrator of the CPA (until such time as full governance authority is transferred to the Iraqi Interim Government, after which time it shall be the individual serving as Chair in accordance with Section 1.2), the Minister of Defence, the Minister of Interior, the Minister of Foreign Affairs, the Minister of Justice, and the Minister of Finance. Other Ministers may also participate in specific meetings at the request of the Chair. In the event a Minister is unable to participate due to travel or disability, a deputy or other designated senior ministry official may represent him or her. Until such time as all relevant Ministers are named, the senior representative of the relevant ministry may serve on the MCNS. 2) The MCNS shall also include, as permanent advisory members, the Senior Military Advisor, the Director General of the Iraqi National Intelligence Service, and the National Security Advisor. 3) The Commander of the Multinational Force operating in Iraq pursuant to United Nations Security Council Resolution 1511, and any relevant subsequent resolutions, may be invited to attend and participate in meetings of the MCNS. Section 3 The National Security Advisor 1) There is hereby established the position of National Security Advisor. The National Security Advisor is the primary advisor to the Administrator and the MCNS on national security matters, and shall manage and supervise the National Security Advisory Staff. 2) The National Security Advisor will be appointed by the Administrator, after consultation with the Governing Council. Upon formation of the elected Iraqi Transitional Government, the Prime Minister may choose either to retain the interim National Security Advisor or to name a new one. 3) The National Security Advisor appointed or retained by the Prime Minister of the Iraqi Transitional Government, and each of such National Security 2 CPA/ORD/4 April 2004/68 Advisor's successors, shall be appointed for a set term of five years. The National Security Advisor may be removed from office only for cause. "Cause" shall include, but shall not be limited to, malfeasance, abuse of office, and bribery. Section 4 The National Security Advisory Staff 1) The MCNS shall be supported by a staff of civil servants and military personnel detailed from Ministries and agencies (to include the INIS) represented on the MCNS, as well as up to five additional civil service staff hired specifically for this purpose. The total staff shall not comprise more than 20 personnel at any given time. 2) Civil service employees hired specifically to work on the National Security Advisory Staff shall be hired and employed in accordance with Iraqi law, as amended by CPA Orders, Regulations, and Memoranda. Such hiring and employment shall be consistent with CPA Order Number 1 and any authorized implementation thereof. 3) Salaries of civil service employees hired specifically to work on the National Security Advisory Staff shall conform to the salary structure applicable to Iraqi government employees. 4) The National Security Advisory Staff shall be considered a "Public Security Sector Organization" for purposes of CPA Order Number 63. a) A civil service employee detailed or specifically hired to work on the National Security Advisory Staff who meets the definition of "Eligible Employee" shall be entitled to death and disability benefits in accordance with Section 2.2 of CPA Order Number 63. For purposes of application of this Section 4.4(a), a civil service staff member detailed to work on the National Security Advisory Staff shall be deemed to be employed by that office. b) If by virtue of being an employee of the detailing Ministry or agency a detailed civil service staff member would be entitled to a greater death or disability benefit than that specified in Section 4.4(a) above, then the employee shall be entitled to the greater benefit. c) Military personnel detailed to the National Security Advisory Staff shall continue to qualify for death and disability benefits as employees of the Ministry of Defence. 3 CPA/ORD/4 April 2004/68 Section 5 Entry into Force This Order shall enter into force on the date of signature. aul Bremer, Administrato L. Coalition Provisional Authority 4 CPA/ORD/4 April 2004/68