COALITION PROVISIONAL AUTHORITY
ORDER NUMBER 71
LOCAL GOVERNMENTAL POWERS
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 the CPA has recognized the Governing Council as the principal body of the Iraqi interim
administration, pending the establishment of an internationally recognized, representative government
by the people of Iraq, consistent with Resolutions 1483 and 1511, and that the Governing Council, in
performing its functions on behalf of the people of Iraq, has appointed Interim Ministers to exercise
responsibility for the daily administration of the Iraqi Ministries;
Recalling the adoption of the Transitional Administrative Law (TAL) on 8 March 2004 to govern the
affairs of Iraq during the transitional period from 30 June 2004 until a duly elected government,
operating under a permanent and legitimate constitution achieving full democracy shall come into
being;
Noting that the system of government in Iraq shall be republican, federal, democratic, and pluralistic,
powers shall be shared between the federal government and the regional governments,
governorates (also known as provinces), municipalities, and local administrations and that each
Governorate shall have the right to form a Governorate Council, name a Governor and form municipal
and local councils and that regions and governorates shall be organized on the basis of the principle of
de-centralization and the devolution of authorities to municipal and local governments;
Recognizing the Kurdistan Regional Government as the official government of the territories that were
administered by that government on 19 March 2003 in the governorates of Dohuk, Arbil, Sulaimaniya,
Kirkuk, Diyala and Ninevah, and its right to continue its current functions throughout the transitional
period, except with regard to those issues which fall within the exclusive competence of the federal
government;
Emphasizing that, consistent with Resolution 1483, the Governing Council and the CPA, each in
coordination with the United Nations, are dedicated to working together in a cooperative and
consultative process for the benefit of the Iraqi people;
I hereby promulgate the following:
CPA/ORD/6 APR 04/71

Section 1
Purpose
This Order describes the authorities and responsibilities of the governorate, municipal and local
levels of government. It implements the principle of decentralization of governing power
embodied in the TAL. By appropriately empowering government bodies at the governorate,
municipal and local levels, the Order is designed to improve the delivery of public services to the
Iraqi people and make the Iraqi government more responsive to their needs. This Order encourages
the exercise of local authority by local officials in every region and governorate; recognizes the
Kurdistan Regional Government; and shall have no effect on the administration of the territories
under that government's jurisdiction on 19 March 2003 in the governorates of Dohuk, Arbil,
Sulaimaniya, Kirkuk, Diyala and Ninevah.
Section 2
Governorate Councils
1) Each Governorate may form a Governorate Council, which shall be funded from national
budget allocations that are separate from the budgets of the ministries and other national
institutions.
2) The Governorate Councils may set priorities for the provinces; amend, by two-thirds vote, a
specific local project described in an annual ministry budget plan, provided that no such
amendment shall increase the spending limits set forth in the ministry plans, or interfere with
the efficient and uniform execution of national objectives as implemented by specific
programs; monitor and recommend improvements in the delivery of public services; represent
the concerns of constituents; independently generate and collect revenues by imposing taxes
and fees; organize the operations of the provincial administration; initiate and implement
provincial projects alone or in partnership with international and non-governmental
organizations; and conduct other activities, consistent with applicable laws.
3) Governorate Councils shall perform their responsibilities independently from the control or
supervision of any ministry. Governorate Councils may, by majority vote, and within two
weeks following the appointment, approve or veto the appointment by the ministries of
Directors General and local ministerial officials for positions designated as "senior positions"
by the Administrator (which designations shall be set forth in an appendix to this Order);
establish subcommittees and convene meetings of, or request reports and testimony from, the
Directors General; and remove Directors General and officials occupying designated "senior
positions" for cause as defined in this Order, by a two thirds vote for removal, provided that
Directors General whose official responsibilities directly affect more than one province may be
removed only if each of the Governorate Councils responsible for the provinces so affected
votes for removal as specified herein. As used in this Order, the term "Director General" shall
not apply to the Presidents of Universities in Iraq.
4) The members of each Governorate Council shall be selected in accordance with criteria agreed
upon by the Governing Council and CPA. All individuals who hold office as Governorate
Council members on the effective date of this Order shall continue to hold such office. Should
vacancies occur Governorate Councils may add new members who meet the eligibility
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requirements set forth in Article 31 of the TAL, through a fair, open and competitive selection
process agreed to by two thirds majority of the Governorate Council. Elections for
Governorate Councils will take place at the same time as elections for the National Assembly,
no later than 31 January 2005.
5) The Governorate Councils are hereby authorized to select and appoint Governors and Deputy
Governors. Governors and Deputy Governors selected by Governorate Councils prior to the
date of this Order are hereby appointed. The Governorate Councils may remove Governors and
Deputy Governors for cause as specified in this Order, upon a two-thirds vote. Should
vacancies in the positions of Governor or Deputy Governor occur, Governorate Councils may
elect a new Governor or Deputy Governor through majority vote of the Council.
Section 3
Governors and Deputy Governors
1) The Governor is the head civil official of a Governorate and is accountable to the Governorate
Council. The Governor shall direct, coordinate and oversee actions in implementation of the
Governorate Council's decisions. The Governor shall be selected, dismissed and replaced in
accordance with subsection 2(5) of this Order.
2) The Deputy Governors report to the Governor and the most senior Deputy Governor (based on
length of public service) shall assume the role of the Governor in the latter's absence.
3) Governors and Deputy Governors may attend the regular meetings of the Governorate Councils
as non-voting members.
4) Governors shall appoint governorate officials, provided that their appointments of Directors
General serving directly on the governorate staff and other senior positions, as defined by the
Administrator, shall be subject to the approval by majority vote of the Governorate Councils
within two weeks following the appointment, except for Directors General, who shall be
appointed and removed as specified in Section 2(3) of this Order. Governors shall exercise
final authority to remove those officials who they are authorized to appoint, subject to the
concurrence, by majority vote, of the Governorate Council.
5) To encourage consistent development and application of policies regarding regional matters,
Governors shall regularly coordinate with each other on matters of common interest.
Section 4
Local Councils
1) Each Governorate may, by majority vote, form sub-provincial regional councils, municipal
councils and other relevant local councils organized geographically, such as Qada' and Nahiya,
City Councils, Beladiya Councils and Hayy Councils, as necessary to achieve greater efficiency
and economies of scale in coordinating the provision of public services, and to facilitate unified
and coordinated administration of cities. Local councils are responsible for representing their
constituents; ensuring that public services respond to local needs; organizing the operations of
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the local administration; reviewing local ministry plans; collecting and retaining local revenues,
taxes and fees; identifying local budgetary requirements through the national budgeting process;
and recommending appropriate action to Governorate Councils with respect to government
officials, on the basis of misconduct, inefficiency or Ba'athist Party affiliation. They shall assist
in initiating and implementing local projects alone or in conjunction with international and non-
governmental organizations; and conducting other activities as are granted to them by
Governorate Councils, consistent with applicable law.
2) The members of each local council, including the Chair, shall be selected in accordance with
regulations approved by majority vote of the Governorate Council. All local councils in
existence on the date of this Order, and all individuals who hold office as members of such
councils of the date of this Order, shall continue to exist and hold office unless removed in
accordance with this Order.
3) Local councils shall, by majority vote, elect Mayors and Deputy Mayors. Mayors and Deputy
Mayors selected by local councils prior to the date of this Order shall continue to hold office,
unless removed in accordance with this Order. Local councils may remove Mayors and Deputy
Mayors upon a two-thirds vote. Should vacancies occur in the positions of Mayor or Deputy
Mayor, local councils may elect a new Mayor or Deputy Mayor through majority vote of the
council.
Section 5
Mayors and Deputy Mayors
1) Mayors (in Arabic "Mudeer al-Nahia," "Qa'im Magam," and "Ameen") are the senior
administrators of local councils and are accountable to the local council. Mayors shall direct,
coordinate and oversee actions in implementation of decisions of the local councils, and shall
serve as the primary liaison between the local councils and the Governors.
2) Mayors shall be elected and removed pursuant to section 4(3) of this Order.
3) The Deputy Mayors report to the Mayor and the most senior Deputy Mayor (based on length of
public service) shall assume the role of the Mayor in the absence of the latter official.
4) Mayors and Deputy Mayors may attend the regular meetings of the local councils as non-voting
members.
5) Mayors shall appoint local government officials, provided that their appointments of Directors
General serving directly on the local government staff and other senior positions, as defined by
the Administrator, shall be subject to the approval, by majority vote, of the local council, within
two weeks following the appointment. Mayors may, for cause as defined under this Order,
remove those officials whom they are authorized to appoint, subject to the concurrence, by
majority vote, of the local council.
6) Mayors shall meet regularly with all Directors General within their geographic areas of
responsibility to monitor, and where authorized by applicable laws and regulations to direct, the
delivery of public services.
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7) Mayors shall meet regularly with other Mayors to ensure that services are being provided
equitably and efficiently.
Section 6
Chiefs of Police
1) Within each Governorate, there shall be a Chief of Police, responsible for overseeing all civil
law enforcement activities within the Governorate.
2) Chief of Police vacancies will be advertised nationally by the Ministry of Interior and the
Governorate Council shall be notified of such vacancies. Applications for Chief of Police
positions shall be sent to the Ministry of Interior, which shall identify fully qualified applicants
and provide the names of those applicants to the Governorate Council in a timely manner. The
Governorate Council shall, upon a majority vote within two weeks following its receipt of the
names of fully qualified applicants from the Ministry of Interior, select the most suitable
candidate from these nominees. Chiefs of Police shall be appointed to a 3-year term, which
may be renewed.
3) Chiefs of Police may be removed by the Minister of Interior, or by the Governorate Council
upon two-thirds majority vote, for cause as defined in this Order.
4) Under the supervision of the Minister of Interior, the Chief of Police shall prepare an annual
policing plan that will take into account local and national priorities. The Governorate Council
and Governor will ensure that the Chief of Police is responsive to local policing requirements.
Annual policing plans shall become effective upon approval, by two-thirds majority, of the
Governorate Council, which shall monitor the implementation of this plan by the Chief of
Police. Chiefs of Police shall consult regularly with the relevant Governor and Governorate
Council and shall meet weekly with the Governorate Council, or otherwise as agreed.
5) Local police chief vacancies will be advertised by the Ministry of Interior at least within the
relevant Province, and the Governorate Council shall be notified of such vacancies.
Applications for local police chief positions shall be sent to the Ministry of Interior, which shall
identify fully qualified applicants and provide the names of those applicants to the Governorate
Council in a timely manner. The Governorate Council shall, upon a majority vote, select the
most suitable candidate from these nominees. Local police chiefs shall be appointed to a 3-year
term, which may be renewed
6) Local police chiefs may be removed by a two-thirds majority vote of the relevant Governorate
Council for cause, as defined in this Order.
Section 7
Grounds for Removal
1) Members of Governorate Councils, Governors and Deputy Governors, members of Local
Councils, Mayors and Deputy Mayors, Chiefs of Police and local police chiefs may be removed
only for cause, in accordance with the procedures specified in this Order.
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2) For purposes of this Order, "cause" shall mean incapacity, serious misconduct in or out of
office, dereliction of duty, or abuse of office.
3) Officials listed in section 7(1) of this order who are removed for cause as defined herein, and
the subordinates of such officials who are removed in accordance with existing Iraqi law on
similar grounds, shall be barred from holding any position in the Iraqi government for a period
of five years following the removal.
4) Individuals who are removed from public office and barred from public service under section
7(2), above, shall have the right to bring suit in Iraqi courts and obtain redress in the form of
reinstatement to public office, upon the court's determination that the removal was wrongful.
Section 8
Effect on Other Laws
1) Any provision of Iraqi law, including but not limited to Law No. 159 of 1969, that is
inconsistent with this Order is hereby suspended to the extent of such inconsistency, provided,
however, that nothing in this Order shall be construed to eliminate or reduce the authority of
provincial or local government entities under existing Iraqi laws and regulations to generate,
assess, collect, retain, administer or expend taxes, fees, assessments or similar revenues.
Provincial and local government entities may generate, assess, collect, retain, administer and
expend taxes, fees, assessments or similar revenues under existing Iraqi law, including the
Income of Municipalities Law, No. 130 of 1963, as amended. Notwithstanding existing Iraqi
law, Governorates are hereby authorized to impose althma'am of no greater than 5 percent of the
relevant taxes.
2) Except as otherwise specified in this Order, local government officials shall be hired and
dismissed in accordance with applicable Iraqi law.
Section 9
Entry into Force
This Order shall enter into force on the date of signature.
1/6/04
Coalition Provisional Authority
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