Order 9: Management and Use of Iraqi Public Property

by L. Paul Bremer, Coalition Provisional Authority

COALITION PROVISIONAL AUTHORITY ORDER NUMBER 9 (REVISED)


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 Resolutions 1483 (2003) and 1511 (2003),

Noting the needs of the Multinational Force 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 (CPNORD/25 May 2003/04),

Recalling that on 30 June 2004 responsibility for and authority over public property will
pass to the Iraqi Government,

I hereby promulgate the following:

Section 1
Applicability


This Order applies to the assignment, occupancy, use and management of public
property that is assigned to, occupied, used or managed by the CPA, Multinational
Forces, Iraqi Ministries, government offices of Coalition members, emerging Iraqi
administrative or political organizations; property that is necessary for the
administration of social services to the people of Iraq; and public 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.

Section 2
Register of Public Property


The CPA Facilities Manager shall compile and maintain a Register of Property and
Assets documenting relevant information concerning all public property occupied,
used, managed and assigned by the CPA, in accordance with CPA/ORD/25 May
2003/04.

CPA/ORD/27 June 2004/09

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Section 3
Procedures

1) Applications to occupy and use public properties shall be forwarded to the CPA
Facilities 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) If an applicant seeks to occupy or use more than 10 properties, the applicant may
request those properties collectively in one or more applications.

3) Properties will be allocated at the discretion of the CPA Facilities Manager, in
accordance with priorities and policies set by the Administrator, until 30 June
2004.

4) When a property is allocated, the CPA Facilities Manager shall issue a Letter of
Authority (LOA) that identifies the approved occupant, and the terms, conditions
and duration of occupancy and use. The CPA Facilities Manager may issue one or
more LOAs for applications that fall within Section 3(2) of this Order.

5) All LOAs in force as of 30 June 2004 shall continue in force until such time as a
decision on use or occupancy of the subject property has been made by the Iraqi
Interim Government, the Iraqi Transitional Government, or the Iraqi government
elected under a permanent constitution as set forth in the Law of Administration
for the State of Iraq for the Transitional Period (collectively “the Iraqi
Government”).

6) The CPA's approval of an application to occupy and use public 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 tenancy.

7) The CPA's approval of an application to occupy and use public property shall not
give rise to any obligation on the part of the Iraqi Government in any way.

Section 4
Preservation of Current Arrangements

Multinational Forces, CPA offices, Coalition government offices, and Iraqi State
entities already occupying public property but not yet in possession of a LOA shall,
until 30 June 2004, follow the procedures set out in Section 3 herein for a LOA
documenting their continuing occupancy and use of public property.

CPA/ORD/27 June 2004/09