White House version of Status Of Forces Agreement

Preamble



The United States of America and the Republic of Iraq, referred to hereafter as “the Parties”:



Recognizing the importance of: strengthening their joint security, contributing to world peace and stability, combating terrorism in Iraq, and cooperating in the security and defense spheres, thereby deterring aggression and threats against the sovereignty, security, and territorial integrity of Iraq and against its democratic, federal, and constitutional system;



Affirming that such cooperation is based on full respect for the sovereignty of each of them in accordance with the purposes and principles of the United Nations Charter;



Out of a desire to reach a common understanding that strengthens cooperation between them;



Without prejudice to Iraqi sovereignty over its territory, waters, and airspace; and



Pursuant to joint undertakings as two sovereign, independent, and coequal countries;



Have agreed to the following:



Article 1
Scope and Purpose



This Agreement shall determine the principal provisions and requirements that regulate the temporary presence, activities, and withdrawal of the United States Forces from Iraq.



Article 2
Definition of Terms



1. "Agreed facilities and areas" are those Iraqi facilities and areas owned by the Government of Iraq that are in use by the United States Forces during the period in which this Agreement is in force.



2. "United States Forces" means the entity comprising the members of the United States Armed Forces, their associated civilian component, and all property, equipment, and materiel of the United States Armed Forces present in the territory of Iraq.



3. "Member of the United States Forces" means any individual who is a member of the United States Army, Navy, Air Force, Marine Corps, or Coast Guard.



4. "Member of the civilian component" means any civilian employed by the United States Department of Defense. This term does not include individuals normally resident in Iraq.



5. "United States contractors" and "United States contractor employees" mean non-Iraqi persons or legal entities, and their employees, who are citizens of the United States or a third country and who are in Iraq to supply goods, services, and security in Iraq to or on behalf of the United States Forces under a contract or subcontract with or for the United States Forces. However, the terms do not include persons or legal entities normally resident in the territory of Iraq.



6. "Official vehicles" means commercial vehicles that may be modified for security purposes and are basically designed for movement on various roads and designated for transportation of personnel.

7. "Military vehicles" means all types of vehicles used by the United States Forces, which were originally designated for use in combat operations and display special distinguishing numbers and symbols according to applicable United States Forces instructions and regulations.

8. "Defense equipment" means systems, weapons, supplies, equipment, munitions, and materials exclusively used in conventional warfare that are required by the United States Forces in connection with agreed activities under this Agreement and are not related, either directly or indirectly, to systems of weapons of mass destruction (chemical weapons, nuclear weapons, radiological weapons, biological weapons, and related waste of such weapons).

9. "Storage" means the keeping of defense equipment required by the United States Forces in connection with agreed activities under this Agreement.

10. "Taxes and duties" means all taxes, duties (including customs duties), fees, of whatever kind, imposed by the Government of Iraq, or its agencies, or governorates under Iraqi laws and regulations. However, the term does not include charges by the Government of Iraq, its agencies, or governorates for services requested and received by the United States Forces.

Article 3
Laws

1. While conducting military operations pursuant to this Agreement, it is the duty of members of the United States Forces and of the civilian component to respect Iraqi laws, customs, traditions, and conventions and to refrain from any activities that are inconsistent with the letter and spirit of this Agreement. It is the duty of the United States to take all necessary measures for this purpose.

2. With the exception of members of the United States Forces and of the civilian component, the United States Forces may not transfer any person into or out of Iraq on vehicles, vessels, or aircraft covered by this Agreement, unless in accordance with applicable Iraqi laws and regulations, including implementing arrangements as may be agreed to by the Government of Iraq.

Article 4
Missions

1. The Government of Iraq requests the temporary assistance of the United States Forces for the purposes of supporting Iraq in its efforts to maintain security and stability in Iraq, including cooperation in the conduct of operations against al-Qaeda and other terrorist groups, outlaw groups, and remnants of the former regime.

2. All such military operations that are carried out pursuant to this Agreement shall be conducted with the agreement of the Government of Iraq. Such operations shall be fully coordinated with Iraqi authorities. The coordination of all such military operations shall be overseen by a Joint Military Operations Coordination Committee (JMOCC) to be established pursuant to this Agreement. Issues regarding proposed military operations that cannot be resolved by the JMOCC shall be forwarded to the Joint Ministerial Committee.

3. All such operations shall be conducted with full respect for the Iraqi Constitution and the laws of Iraq. Execution of such operations shall not infringe upon the sovereignty of Iraq and its national interests, as defined by the Government of Iraq. It is the duty of the United States Forces to respect the laws, customs, and traditions of Iraq and applicable international law.

4. The Parties shall continue their efforts to cooperate to strengthen Iraq’s security capabilities including, as may be mutually agreed, on training, equipping, supporting, supplying, and establishing and upgrading logistical systems, including transportation, housing, and supplies for Iraqi Security Forces.

5. The Parties retain the right to legitimate self defense within Iraq, as defined in applicable international law.

Article 5
Property Ownership

1. Iraq owns all buildings, non-relocatable structures, and assemblies connected to the soil that exist on agreed facilities and areas, including those that are used, constructed, altered, or improved by the United States Forces.

2. Upon their withdrawal, the United States Forces shall return to the Government of Iraq all the facilities and areas provided for the use of the combat forces of the United States, based on two lists. The first list of agreed facilities and areas shall take effect upon the entry into force of the Agreement. The second list shall take effect no later than June 30, 2009, the date for the withdrawal of combat forces from the cities, villages, and localities. The Government of Iraq may agree to allow the United States Forces the use of some necessary facilities for the purposes of this Agreement on withdrawal.

3. The United States shall bear all costs for construction, alterations, or improvements in the agreed facilities and areas provided for its exclusive use. The United States Forces shall consult with the Government of Iraq regarding such construction, alterations, and improvements, and must seek approval of the Government of Iraq for major construction and alteration projects. In the event that the use of agreed facilities and areas is shared, the two Parties shall bear the costs of construction, alterations, or improvements proportionately.

4. The United States shall be responsible for paying the costs for services requested and received in the agreed facilities and areas exclusively used by it, and both Parties shall be proportionally responsible for paying the costs for services requested and received in joint agreed facilities and areas.

5. Upon the discovery of any historical or cultural site or finding any strategic resource in agreed facilities and areas, all works of construction, upgrading, or modification shall cease immediately and the Iraqi representatives at the Joint Committee shall be notified to determine appropriate steps in that regard.

6. The United States shall return agreed facilities and areas and any non-relocatable structures and assemblies on them that it had built, installed, or established during the term of this Agreement, according to mechanisms and priorities set forth by the Joint Committee. Such facilities and areas shall be handed over to the Government of Iraq free of any debts and financial burdens.

7. The United States Forces shall return to the Government of Iraq the agreed facilities and areas that have heritage, moral, and political significance and any non-relocatable structures and assemblies on them that it had built, installed, or established, according to mechanisms, priorities, and a time period as mutually agreed by the Joint Committee, free of any debts or financial burdens.

8. The United States Forces shall return the agreed facilities and areas to the Government of Iraq upon the expiration or termination of this Agreement, or earlier as mutually agreed by the Parties, or when such facilities are no longer required as determined by the JMOCC, free of any debts or financial burdens.

9. The United States Forces and United States contractors shall retain title to all equipment, materials, supplies, relocatable structures, and other movable property that was legitimately imported into or legitimately acquired within the territory of Iraq in connection with this Agreement.

Article 6
Use of Agreed Facilities and Areas

1. With full respect for the sovereignty of Iraq, and as part of exchanging views between the Parties pursuant to this Agreement, Iraq grants access and use of agreed facilities and areas to the United States Forces, United States contractors, United States contractor employees, and other individuals or entities as agreed upon by the Parties.

2. In accordance with this Agreement, Iraq authorizes the United States Forces to exercise within the agreed facilities and areas all rights and powers that may be necessary to establish, use, maintain, and secure such agreed facilities and areas. The Parties shall coordinate and cooperate regarding exercising these rights and powers in the agreed facilities and areas of joint use.

3. The United States Forces shall assume control of entry to agreed facilities and areas that have been provided for its exclusive use. The Parties shall coordinate the control of entry into agreed facilities and areas for joint use and in accordance with mechanisms set forth by the JMOCC. The Parties shall coordinate guard duties in areas adjacent to agreed facilities and areas through the JMOCC.

Article 7
Positioning and Storage of Defense Equipment

The United States Forces may place within agreed facilities and areas and in other temporary locations agreed upon by the Parties defense equipment, supplies, and materials that are required by the United States Forces in connection with agreed activities under this Agreement. The use and storage of such equipment shall be proportionate to the temporary missions of the United States Forces in Iraq pursuant to Article 4 of this Agreement and shall not be related, either directly or indirectly, to systems of weapons of mass destruction (chemical weapons, nuclear weapons, radiological weapons, biological weapons, and related waste of such weapons). The United States Forces shall control the use and relocation of defense equipment that they own and are stored in Iraq. The United States Forces shall ensure that no storage depots for explosives or munitions are near residential areas, and they shall remove such materials stored therein. The United States shall provide the Government of Iraq with essential information on the numbers and types of such stocks.

Article 8
Protecting the Environment

Both Parties shall implement this Agreement in a manner consistent with protecting the natural environment and human health and safety. The United States reaffirms its commitment to respecting applicable Iraqi environmental laws, regulations, and standards in the course of executing its policies for the purposes of implementing this Agreement.

Article 9
Movement of Vehicles, Vessels, and Aircraft

1. With full respect for the relevant rules of land and maritime safety and movement, vessels and vehicles operated by or at the time exclusively for the United States Forces may enter, exit, and move within the territory of Iraq for the purposes of implementing this Agreement. The JMOCC shall develop appropriate procedures and rules to facilitate and regulate the movement of vehicles.

2. With full respect for relevant rules of safety in aviation and air navigation, United States Government aircraft and civil aircraft that are at the time operating exclusively under a contract with the United States Department of Defense are authorized to over-fly, conduct airborne refueling exclusively for the purposes of implementing this Agreement over, and land and take off within, the territory of Iraq for the purposes of implementing this Agreement. The Iraqi authorities shall grant the aforementioned aircraft permission every year to land in and take off from Iraqi territory exclusively for the purposes of implementing this Agreement. United States Government aircraft and civil aircraft that are at the time operating exclusively under a contract with the United States Department of Defense, vessels, and vehicles shall not have any party boarding them without the consent of the authorities of the United States Forces. The Joint Sub-Committee concerned with this matter shall take appropriate action to facilitate the regulation of such traffic.

3. Surveillance and control over Iraqi airspace shall transfer to Iraqi authority immediately upon entry into force of this Agreement.

4. Iraq may request from the United States Forces temporary support for the Iraqi authorities in the mission of surveillance and control of Iraqi air space.

5. United States Government aircraft and civil aircraft that are at the time operating exclusively under contract to the United States Department of Defense shall not be subject to payment of any taxes, duties, fees, or similar charges, including overflight or navigation fees, landing, and parking fees at government airfields. Vehicles and vessels owned or operated by or at the time exclusively for the United States Forces shall not be subject to payment of any taxes, duties, fees, or similar charges, including for vessels at government ports. Such vehicles, vessels, and aircraft shall be free from registration requirements within Iraq.

6. The United States Forces shall pay fees for services requested and received.

7. Each Party shall provide the other with maps and other available information on the location of mine fields and other obstacles that can hamper or jeopardize movement within the territory and waters of Iraq.

Article 10
Contracting Procedures

The United States Forces may select contractors and enter into contracts in accordance with United States law for the purchase of materials and services in Iraq, including services of construction and building. The United States Forces shall contract with Iraqi suppliers of materials and services to the extent feasible when their bids are competitive and constitute best value. The United States Forces shall respect Iraqi law when contracting with Iraqi suppliers and contractors and shall provide Iraqi authorities with the names of Iraqi suppliers and contractors, and the amounts of relevant contracts.

Article 11
Services and Communications

1. The United States Forces may produce and provide water, electricity, and other services to agreed facilities and areas in coordination with the Iraqi authorities through the Joint Sub-Committee concerned with this matter.

2. The Government of Iraq owns all frequencies. Pertinent Iraqi authorities shall allocate to the United States Forces such frequencies as coordinated by both Parties through the JMOCC. The United States Forces shall return frequencies allocated to them at the end of their use not later than the termination of this Agreement.

3. The United States Forces shall operate their own telecommunications systems in a manner that fully respects the Constitution and laws of Iraq and in accordance with the definition of the term “telecommunications” contained in the Constitution of the International Union of Telecommunications of 1992, including the right to use necessary means and services of their own systems to ensure the full capability to operate systems of telecommunications.

4. For the purposes of this Agreement, the United States Forces are exempt from the payment of fees to use transmission airwaves and existing and future frequencies, including any administrative fees or any other related charges.

5. The United States Forces must obtain the consent of the Government of Iraq regarding any projects of infrastructure for communications that are made outside agreed facilities and areas exclusively for the purposes of this Agreement in accordance with Article 4, except in the case of actual combat operations conducted pursuant to Article 4.

6. The United States Forces shall use telecommunications systems exclusively for the purposes of this Agreement.

Article 12
Jurisdiction

Recognizing Iraq’s sovereign right to determine and enforce the rules of criminal and civil law in its territory, in light of Iraq’s request for temporary assistance from the United States Forces set forth in Article 4, and consistent with the duty of the members of the United States Forces and the civilian component to respect Iraqi laws, customs, traditions, and conventions, the Parties have agreed as follows:

Iraq shall have the primary right to exercise jurisdiction over members of the United States Forces and of the civilian component for the grave premeditated felonies enumerated pursuant to paragraph 8, when such crimes are committed outside agreed facilities and areas and outside duty status.

Iraq shall have the primary right to exercise jurisdiction over United States contractors and United States contractor employees.

The United States shall have the primary right to exercise jurisdiction over members of the United States Forces and of the civilian component for matters arising inside agreed facilities and areas; during duty status outside agreed facilities and areas; and in circumstances not covered by paragraph 1.

At the request of either Party, the Parties shall assist each other in the investigation of incidents and the collection and exchange of evidence to ensure the due course of justice.

Members of the United States Forces and of the civilian component arrested or detained by Iraqi authorities shall be notified immediately to United States Forces authorities and handed over to them within 24 hours from the time of detention or arrest. Where Iraq exercises jurisdiction pursuant to paragraph 1 of this Article, custody of an accused member of the United States Forces or of the civilian component shall reside with United States Forces authorities. United States Forces authorities shall make such accused persons available to the Iraqi authorities for purposes of investigation and trial.

The authorities of either Party may request the authorities of the other Party to waive its primary right to jurisdiction in a particular case. The Government of Iraq agrees to exercise jurisdiction under paragraph 1 above, only after it has determined and notifies the United States in writing within 21 days of the discovery of an alleged offense, that it is of particular importance that such jurisdiction be exercised.

7. Where the United States exercises jurisdiction pursuant to paragraph 3 of this Article, members of the United States Forces and of the civilian component shall be entitled to due process standards and protections pursuant to the Constitution and laws of the United States. Where the offense arising under paragraph 3 of this Article may involve a victim who is not a member of the United States Forces or of the civilian component, the Parties shall establish procedures through the Joint Committee to keep such persons informed as appropriate of: the status of the investigation of the crime; the bringing of charges against a suspected offender; the scheduling of court proceedings and the results of plea negotiations; opportunity to be heard at public sentencing proceedings, and to confer with the attorney for the prosecution in the case; and, assistance with filing a claim under Article 21 of this Agreement. As mutually agreed by the Parties, United States Forces authorities shall seek to hold the trials of such cases inside Iraq. If the trial of such cases is to be conducted in the United States, efforts will be undertaken to facilitate the personal attendance of the victim at the trial.

8. Where Iraq exercises jurisdiction pursuant to paragraph 1 of this Article, members of the United States Forces and of the civilian component shall be entitled to due process standards and protections consistent with those available under United States and Iraqi law. The Joint Committee shall establish procedures and mechanisms for implementing this Article, including an enumeration of the grave premeditated felonies that are subject to paragraph 1 and procedures that meet such due process standards and protections. Any exercise of jurisdiction pursuant to paragraph 1 of this Article may proceed only in accordance with these procedures and mechanisms.

9. Pursuant to paragraphs 1 and 3 of this Article, United States Forces authorities shall certify whether an alleged offense arose during duty status. In those cases where Iraqi authorities believe the circumstances require a review of this determination, the Parties shall consult immediately through the Joint Committee, and United States Forces authorities shall take full account of the facts and circumstances and any information Iraqi authorities may present bearing on the determination by United States Forces authorities.

10. The Parties shall review the provisions of this Article every 6 months including by considering any proposed amendments to this Article taking into account the security situation in Iraq, the extent to which the United States Forces in Iraq are engaged in military operations, the growth and development of the Iraqi judicial system, and changes in United States and Iraqi law.

Article 13
Carrying Weapons and Apparel

Members of the United States Forces and of the civilian component may possess and carry weapons that are owned by the United States while in Iraq according to the authority granted to them under orders and according to their requirements and duties. Members of the United States Forces may also wear uniforms during duty in Iraq.

Article 14
Entry and Exit

1. For purposes of this Agreement, members of the United States Forces and of the civilian component may enter and leave Iraq through official places of embarkation and debarkation requiring only identification cards and travel orders issued for them by the United States. The Joint Committee shall assume the task of setting up a mechanism and a process of verification to be carried out by pertinent Iraqi authorities.

2. Iraqi authorities shall have the right to inspect and verify the lists of names of members of the United States Forces and of the civilian component entering and leaving Iraq directly through the agreed facilities and areas. Said lists shall be submitted to Iraqi authorities by the United States Forces. For purposes of this Agreement, members of the United States Forces and of the civilian component may enter and leave Iraq through agreed facilities and areas requiring only identification cards issued for them by the United States. The Joint Committee shall assume the task of setting up a mechanism and a process for inspecting and verifying the validity of these documents.

Article 15
Import and Export

1. For the exclusive purposes of implementing this Agreement, the United States Forces and United States contractors may import, export (items bought in Iraq), re-export, transport, and use in Iraq any equipment, supplies, materials, and technology, provided that the materials imported or brought in by them are not banned in Iraq as of the date this Agreement enters into force. The importation, re-exportation, transportation, and use of such items shall not be subject to any inspections, licenses, or other restrictions, taxes, customs duties, or any other charges imposed in Iraq, as defined in Article 2, paragraph 10. United States Forces authorities shall provide to relevant Iraqi authorities an appropriate certification that such items are being imported by the United States Forces or United States contractors for use by the United States Forces exclusively for the purposes of this Agreement. Based on security information that becomes available, Iraqi authorities have the right to request the United States Forces to open in their presence any container in which such items are being imported in order to verify its contents. In making such a request, Iraqi authorities shall honor the security requirements of the United States Forces and, if requested to do so by the United States Forces, shall make such verifications in facilities used by the United States Forces. The exportation of Iraqi goods by the United States Forces and United States contractors shall not be subject to inspections or any restrictions other than licensing requirements. The Joint Committee shall work with the Iraqi Ministry of Trade to expedite license requirements consistent with Iraqi law for the export of goods purchased in Iraq by the United States Forces for the purposes of this Agreement. Iraq has the right to demand review of any issues arising out of this paragraph. The Parties shall consult immediately in such cases through the Joint Committee or, if necessary, the Joint Ministerial Committee.

2. Members of the United States Forces and of the civilian component may import into Iraq, re-export, and use personal effect materials and equipment for consumption or personal use. The import into, re-export from, transfer from, and use of such imported items in Iraq shall not be subjected to licenses, other restrictions, taxes, custom duties, or any other charges imposed in Iraq, as defined in Article 2, paragraph 10. The imported quantities shall be reasonable and proportionate to personal use. United States Forces authorities will take measures to ensure that no items or material of cultural or historic significance to Iraq are being exported.

3. Any inspections of materials pursuant to paragraph 2 by Iraqi authorities must be done urgently in an agreed upon place and according to procedures established by the Joint Committee.

4. Any material imported free of customs and fees in accordance with this Agreement shall be subjected to taxes and customs and fees as defined in Article 2, paragraph 10, or any other fees valued at the time of sale in Iraq, upon sale to individuals and entities not covered by tax exemption or special import privileges. Such taxes and fees (including custom duties) shall be paid by the transferee for the items sold.

5. Materials referred to in the paragraphs of this Article must not be imported or used for commercial purposes.

Article 16
Taxes

1. Any taxes, duties, or fees as defined in Article 2, paragraph 10, with their value determined and imposed in the territory of Iraq, shall not be imposed on goods and services purchased by or on behalf of the United States Forces in Iraq for official use or on goods and services that have been purchased in Iraq on behalf of the United States Forces.

2. Members of the United States Forces and of the civilian component shall not be responsible for payment of any tax, duty, or fee that has its value determined and imposed in the territory of Iraq, unless in return for services requested and received.

Article 17
Licenses or Permits

1. Valid driver’s licenses issued by United States authorities to members of the United States Forces and of the civilian component, and to United States contractor employees, shall be deemed acceptable to Iraqi authorities. Such license holders shall not be subject to a test or fee for operating the vehicles, vessels, and aircraft belonging to the United States Forces in Iraq.

2. Valid driver’s licenses issued by United States authorities to members of the United States Forces and of the civilian component, and to United States contractor employees, to operate personal cars within the territory of Iraq shall be deemed acceptable to Iraqi authorities. License holders shall not be subject to a test or fee.

3. All professional licenses issued by United States authorities to members of the United States Forces and of the civilian component, and to United States contractor employees shall be deemed valid by Iraqi authorities, provided such licenses are related to the services they provide within the framework of performing their official duties for or contracts in support of the United States Forces, members of the civilian component, United States contractors, and United States contractor employees, according to terms agreed upon by the Parties.

Article 18
Official and Military Vehicles

1. Official vehicles shall display official Iraqi license plates to be agreed upon between the Parties. Iraqi authorities shall, at the request of the authorities of the United States Forces, issue registration plates for official vehicles of the United States Forces without fees, according to procedures used for the Iraqi Armed Forces. The authorities of the United States Forces shall pay to Iraqi authorities the cost of such plates.

2. Valid registration and licenses issued by United States authorities for official vehicles of the United States Forces shall be deemed acceptable by Iraqi authorities.

3. Military vehicles exclusively used by the United States Forces will be exempted from the requirements of registration and licenses, and they shall be clearly marked with numbers on such vehicles.

Article 19
Support Activities Services

1. The United States Forces, or others acting on behalf of the United States Forces, may assume the duties of establishing and administering activities and entities inside agreed facilities and areas, through which they can provide services for members of the United States Forces, the civilian component, United States contractors, and United States contractor employees. These entities and activities include military post offices; financial services; shops selling food items, medicine, and other commodities and services; and various areas to provide entertainment and telecommunications services, including radio broadcasts. The establishment of such services does not require permits.

2. Broadcasting, media, and entertainment services that reach beyond the scope of the agreed facilities and areas shall be subject to Iraqi laws.

3. Access to the Support Activities Services shall be limited to members of the United States Forces and of the civilian component, United States contractors, United States contractor employees, and other persons and entities that are agreed upon. The authorities of the United States Forces shall take appropriate actions to prevent misuse of the services provided by the mentioned activities, and prevent the sale or resale of aforementioned goods and services to persons not authorized access to these entities or to benefit from their services. The United States Forces will determine broadcasting and television programs to authorized recipients.

4. The service support entities and activities referred to in this Article shall be granted the same financial and customs exemptions granted to the United States Forces, including exemptions guaranteed in Articles 15 and 16 of this Agreement. These entities and activities that offer services shall be operated and managed in accordance with United States regulations; these entities and activities shall not be obligated to collect nor pay taxes or other fees related to the activities in connection with their operations.

5. The mail sent through the military post service shall be certified by United States Forces authorities and shall be exempt from inspection, search, and seizure by Iraqi authorities, except for non-official mail that may be subject to electronic observation. Questions arising in the course of implementation of this paragraph shall be addressed by the concerned Joint Sub-Committee and resolved by mutual agreement. The concerned Joint Sub-Committee shall periodically inspect the mechanisms by which the United States Forces authorities certify military mail.

Article 20
Currency and foreign exchange

1. The United States Forces shall have the right to use any amount of cash in United States currency or financial instruments with a designated value in United States currency exclusively for the purposes of this Agreement. Use of Iraqi currency and special banks by the United States Forces shall be in accordance with Iraqi laws.

2. The United States Forces may not export Iraqi currency from Iraq, and shall take measures to ensure that members of the United States Forces, of the civilian component, and United States contractors and United States contractor employees do not export Iraqi currency from Iraq.

Article 21
Claims

1. With the exception of claims arising from contracts, each Party shall waive the right to claim compensation against the other Party for any damage, loss, or destruction of property, or compensation for injuries or deaths that could happen to members of the force or civilian component of either Party arising out of the performance of their official duties in Iraq.

2. United States Forces authorities shall pay just and reasonable compensation in settlement of meritorious third party claims arising out of acts, omissions, or negligence of members of the United States Forces and of the civilian component done in the performance of their official duties and incident to the non-combat activities of the United States Forces. United States Forces authorities may also settle meritorious claims not arising from the performance of official duties. All claims in this paragraph shall be settled expeditiously in accordance with the laws and regulations of the United States. In settling claims, United States Forces authorities shall take into account any report of investigation or opinion regarding liability or amount of damages issued by Iraqi authorities.

3. Upon the request of either Party, the Parties shall consult immediately through the Joint Committee or, if necessary, the Joint Ministerial Committee, where issues referred to in paragraphs 1 and 2 above require review.

Article 22
Detention

1. No detention or arrest may be carried out by the United States Forces (except with respect to detention or arrest of members of the United States Forces and of the civilian component) except through an Iraqi decision issued in accordance with Iraqi law and pursuant to Article 4.

2. In the event the United States Forces detain or arrest persons as authorized by this Agreement or Iraqi law, such persons must be handed over to competent Iraqi authorities within 24 hours from the time of their detention or arrest.

3. The Iraqi authorities may request assistance from the United States Forces in detaining or arresting wanted individuals.

4. Upon entry into force of this Agreement, the United States Forces shall provide to the Government of Iraq available information on all detainees who are being held by them. Competent Iraqi authorities shall issue arrest warrants for persons who are wanted by them. The United States Forces shall act in full and effective coordination with the Government of Iraq to turn over custody of such wanted detainees to Iraqi authorities pursuant to a valid Iraqi arrest warrant and shall release all the remaining detainees in a safe and orderly manner, unless otherwise requested by the Government of Iraq and in accordance with Article 4 of this Agreement.

5. The United States Forces may not search houses or other real estate properties except by order of an Iraqi judicial warrant and in full coordination with the Government of Iraq, except in the case of actual combat operations conducted pursuant to Article 4.

Article 23
Implementation

Implementation of this Agreement and the settlement of disputes arising from the interpretation and application thereof shall be vested in the following bodies:

1. A Joint Ministerial Committee shall be established with participation at the Ministerial level determined by both Parties. The Joint Ministerial Committee shall deal with issues that are fundamental to the interpretation and implementation of this Agreement.

2. The Joint Ministerial Committee shall establish a JMOCC consisting of representatives from both Parties. The JMOCC shall be co-chaired by representatives of each Party.

3. The Joint Ministerial Committee shall also establish a Joint Committee consisting of representatives to be determined by both Parties. The Joint Committee shall be co-chaired by representatives of each Party, and shall deal with all issues related to this Agreement outside the exclusive competence of the JMOCC.

4. In accordance with paragraph 3 of this Article, the Joint Committee shall establish Joint Sub-Committees in different areas to consider the issues arising under this Agreement according to their competencies.

Article 24
Withdrawal of the United States Forces from Iraq

Recognizing the performance and increasing capacity of the Iraqi Security Forces, the assumption of full security responsibility by those Forces, and based upon the strong relationship between the Parties, an agreement on the following has been reached:

1. All the United States Forces shall withdraw from all Iraqi territory no later than December 31, 2011.

2. All United States combat forces shall withdraw from Iraqi cities, villages, and localities no later than the time at which Iraqi Security Forces assume full responsibility for security in an Iraqi province, provided that such withdrawal is completed no later than June 30, 2009.

3. United States combat forces withdrawn pursuant to paragraph 2 above shall be stationed in the agreed facilities and areas outside cities, villages, and localities to be designated by the JMOCC before the date established in paragraph 2 above.

4. The United States recognizes the sovereign right of the Government of Iraq to request the departure of the United States Forces from Iraq at any time. The Government of Iraq recognizes the sovereign right of the United States to withdraw the United States Forces from Iraq at any time.

5. The Parties agree to establish mechanisms and arrangements to reduce the number of the United States Forces during the periods of time that have been determined, and they shall agree on the locations where the United States Forces will be present.

Article 25
Measures to Terminate the Application of Chapter VII to Iraq

Acknowledging the right of the Government of Iraq not to request renewal of the Chapter VII authorization for and mandate of the multinational forces contained in United Nations Security Council Resolution 1790 (2007) that ends on December 31, 2008;

Taking note of the letters to the UN Security Council from the Prime Minister of Iraq and the Secretary of State of the United States dated December 7 and December 10, 2007, respectively, which are annexed to Resolution 1790;

Taking note of section 3 of the Declaration of Principles for a Long-Term Relationship of Cooperation and Friendship, signed by the President of the United States and the Prime Minister of Iraq on November 26, 2007, which memorialized Iraq’s call for extension of the above-mentioned mandate for a final period, to end not later than December 31, 2008:

Recognizing also the dramatic and positive developments in Iraq, and noting that the situation in Iraq is fundamentally different than that which existed when the UN Security Council adopted Resolution 661 in 1990, and in particular that the threat to international peace and security posed by the Government of Iraq no longer exists, the Parties affirm in this regard that with the termination on December 31, 2008 of the Chapter VII mandate and authorization for the multinational force contained in Resolution 1790, Iraq should return to the legal and international standing that it enjoyed prior to the adoption of UN Security Council Resolution 661 (1990), and that the United States shall use its best
efforts to help Iraq take the steps necessary to achieve this by December 31, 2008.

Article 26
Iraqi Assets

1. To enable Iraq to continue to develop its national economy through the rehabilitation of its economic infrastructure, as well as providing necessary essential services to the Iraqi people, and to continue to safeguard Iraq’s revenues from oil and gas and other Iraqi resources and its financial and economic assets located abroad, including the Development Fund for Iraq, the United States shall ensure maximum efforts to:

a. Support Iraq to obtain forgiveness of international debt resulting from the policies of the former regime.

b. Support Iraq to achieve a comprehensive and final resolution of outstanding reparation claims inherited from the previous regime, including compensation requirements imposed by the UN Security Council on Iraq.

2. Recognizing and understanding Iraq’s concern with claims based on actions perpetrated by the former regime, the President of the United States has exercised his authority to protect from United States judicial process the Development Fund for Iraq and certain other property in which Iraq has an interest. The United States shall remain fully and actively engaged with the Government of Iraq with respect to continuation of such protections and with respect to such claims.

3. Consistent with a letter from the President of the United States to be sent to the Prime Minister of Iraq, the United States remains committed to assist Iraq in connection with its request that the UN Security Council extend the protections and other arrangements established in Resolution 1483 (2003) and Resolution 1546 (2003) for petroleum, petroleum products, and natural gas originating in Iraq, proceeds and obligations from sale thereof, and the Development Fund for Iraq.

Article 27
Deterrence of Security Threats

In order to strengthen security and stability in Iraq and to contribute to the maintenance of international peace and stability, the Parties shall work actively to strengthen the political and military capabilities of the Republic of Iraq to deter threats against its sovereignty, political independence, territorial integrity, and its constitutional federal democratic system. To that end, the Parties agree as follows:

In the event of any external or internal threat or aggression against Iraq that would violate its sovereignty, political independence, or territorial integrity, waters, airspace, its democratic system or its elected institutions, and upon request by the Government of Iraq, the Parties shall immediately initiate strategic deliberations and, as may be mutually agreed, the United States shall take appropriate measures, including diplomatic, economic, or military measures, or any other measure, to deter such a threat.

The Parties agree to continue close cooperation in strengthening and maintaining military and security institutions and democratic political institutions in Iraq, including, as may be mutually agreed, cooperation in training, equipping, and arming the Iraqi Security Forces, in order to combat domestic and international terrorism and outlaw groups, upon request by the Government of Iraq.

Iraqi land, sea, and air shall not be used as a launching or transit point for attacks against other countries.

Article 28
The Green Zone

Upon entry into force of this Agreement the Government of Iraq shall have full responsibility for the Green Zone. The Government of Iraq may request from the United States Forces limited and temporary support for the Iraqi authorities in the mission of security for the Green Zone. Upon such request, relevant Iraqi authorities shall work jointly with the United States Forces authorities on security for the Green Zone during the period determined by the Government of Iraq.

Article 29
Implementing Mechanisms

Whenever the need arises, the Parties shall establish appropriate mechanisms for implementation of Articles of this Agreement, including those that do not contain specific implementation mechanisms.

Article 30
The Period for which the Agreement is Effective

1. This Agreement shall be effective for a period of three years, unless terminated sooner by either Party pursuant to paragraph 3 of this Article.



2. This Agreement shall be amended only with the official agreement of the Parties in writing and in accordance with the constitutional procedures in effect in both countries.



3. This Agreement shall terminate one year after a Party provides written notification to the other Party to that effect.



4. This Agreement shall enter into force on January 1, 2009, following an exchange of diplomatic notes confirming that the actions by the Parties necessary to bring the Agreement into force in accordance with each Party’s respective constitutional procedures have been completed.



Signed in duplicate in Baghdad on this 17th day of November, 2008, in the English and Arabic languages, each text being equally authentic.



FOR THE UNITED FOR THE

STATES OF AMERICA: REPUBLIC OF IRAQ:

To the joys of today's Judy Millers, the treaty passes

The treaty masquerading as a Status Of Forces Agreement has passed the Iraqi Parliament in a vote that found 149 of 198 members voting for it (yes, Parliament has 275 members -- only 198 bothered to show). Our own little Judith Miller is on the spot in Baghdad. Judith, what can you tell us about today's events?

The Iraqi Parliament on Thursday ratified a long-delayed security agreement that lays down a three-year timetable for the withdrawal of American forces from Iraq.
The pact was approved by a large majority, with more than 140 of the 198 lawmakers present in the assembly voting in favor. The vote marks a watershed moment in the era of the post-war American occupation, and the onset of a relationship in which Iraq has more sovereignty over U.S. and other foreign troops on its soil.

Well, Judith, we covered the count and had the specifics -- 149, not just "more than 140" but Iran's Press TV says it was 144 and maybe that's why you're hedging on the numbers?. Do you have any anything else to offer? Dig deep. You've practically rubbed yourself raw in the last few days as you've delighted over your ability to lie in print.

The new agreement comes into force when the United Nations mandate that currently governs the American troops expires on Dec 31. The new pact says all American combat forces should withdraw from Iraqi cities by June 30 next year and all American troops should be out of Iraq by Dec. 31, 2011.

Uh-huh. I knew you had more lies to offer -- many, many more. Anything else?

However, Prime Minister Nuri Kamal al-Maliki's government, or its successor, can negotiate a later, separate, agreement with the Americans allowing them to stay longer if it believes Iraq is not yet stable enough.

Oh goodness. A little truth came out there, didn't it? Yeah. Yeah, you look shocked. It must be a huge shock for you.

It's not a shock for anyone in this community because the treaty is an extension to allow the US to continue the occupation. It does that via a one year binding agreement. Everything after 2009 is non-binding because it can be altered or the entire contract can be cancelled outright. 2010 and 2011 are options for renewal.

But the press loves to lie, especially the New York Times. And the little liars above are Alissa Rubin, Campbell Robertson and Stephen Farrell for "Iraqi Parliament approves security pact" which is up at the International Herald Tribune. Gareth e-mails to note this from the BBC: "The decision, praised by US President George Bush, means US troops will leave Iraqi streets by mid-2009 and will quit Iraq entirely by the end of 2011. " And to add: "It is always so easy to spot an American with an inferiority complex because they tend to praise the BBC's coverage of the Iraq War. Those of us suffer through it tend to grasp the reality of how it sold the war."

Yes, all the same players are out selling the treaty the same way they sold the illegal war. It's the propaganda model activiating and self-determining before our very eyes. Ruth's "Press deliberately lying " went up last night and be sure to check it out.

As a friend at the State Dept has already pointed out on the phone this monring, they had surmised the Sunni 'opposition' very well -- it did not exist, it only needed its palms greased. It held out for what it wanted and the State Dept had people working today the same way they did yesterday. The moon was promised for those votes. The moon will not be delivered. It'll be cute to watch the same ones who sold out the people they allegedly represent realize the State Dept screwed them over (in most cases, the State Dept screwed them over -- smart Judases got everything they wanted up front).

Don't feel sorry for them. If they weren't corrupt, they wouldn't have been so willing to grab bribes. Just like if the three 'reporters' for the Times weren't eager to sell the illegal war, they wouldn't have lied so often about the treaty. No guns were put to anyone's head.

The treaty now goes to the presidency council where any of the three members can veto it (the council is made up of Iraq's president and its two vice presidents). The consensus at State is that it will sail right through. They could be wrong; however, they called the Sunni 'objection' pose as the nonsense it was last week.

In the US, there are no plans by the White House to submit the treaty to Congress, despite the Constitution clearly stating that is what happens. To make your voice heard, American Freedom Campaign notes:

Does this sound right to you? Next week, the Iraqi Parliament is expected to vote on whether to approve an agreement setting the terms of the ongoing military relationship between the United States and Iraq. So far, so good. A legislative body, representing the people of a nation, shall determine the extent to which that nation's future will be intertwined with that of another.
Of course, one would expect that the United States Congress would be given the same opportunity. That, however, is not the case. Or at least it is not what the Bush administration is allowing to happen. Shockingly, the Bush administration is not even letting Congress read the full agreement before it is signed!
We need you to send a message immediately to U.S. House and Senate leaders, urging them to demand the constitutional input and approval to which they are entitled.
The administration has asserted that the agreement between the U.S. and Iraq is merely a Status of Forces Agreement (SOFA) and therefore does not require congressional approval. Yet the agreement goes far beyond the traditional limits of a SOFA, which typically set the terms for bringing materials and equipment into a nation and outline the legal procedures that will apply to members of the military who are accused of crimes. Believe it or not, the current agreement contains terms that will actually give Iraq a measure of control over U.S. forces.
No foreign nation or international entity has ever been given the authority to direct U.S. forces without prior congressional approval - either through a majority vote of both chambers or a two-thirds vote in the Senate in the case of treaties. If this agreement goes into effect without congressional approval, it will establish a precedent under which future presidents can exercise broad unilateral control over the U.S. military -- and even give foreign nations control over our troops. Congress must take immediate action. Unfortunately, they are about to adjourn for at least a couple of weeks.
But it is not too late for House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid to make a statement, signaling their strong belief that Congress will not be bound by and need not fund an agreement that has not been approved by Congress. Please send an E-mail encouraging such action to Speaker Pelosi and Majority Leader Reid immediately by clicking [here]
This is truly a dire situation and we hope that you will join us in calling for action.
Thank you.
Steve Fox
Campaign Director
American Freedom Campaign Action Fund


The e-mail address for this site is common_ills@yahoo.com.

the new york times
campbell robertson
alissa j. rubin
stephen farrell

Iraq snapshot

Wednesday, November 26, 2008.  Chaos and violence continue, the treaty vote is postponed, the US military announces more deaths, Alissa J. Rubin wins the Who Wants To Be The Next Judith Miller non-reality show, and more.   Starting with the treaty which was due to be voted on today by Iraq's Parliament.  Adam Ashton, Jonathan S. Landay and Nancy A. Youssef (McClatchy Newspapers) become the first of big media to report the reality that there are two versions of the treaty masquerading as a Status Forces Of Agreement: the US version and the Arabic version Iraqis peruse.  The three reporters explain: "The Bush administration has adopted a much looser interpretation of several key provisions of the pending U.S.-Iraq security agreement than the Iraqi government has, U.S. officials said Tuesday -- just hours before the Iraqi parliament was to hold its historic vote.  These provisions include a ban on the launch of attacks on other countries from Iraq, a requirement to notify the Iraqis in advance of U.S. military operations and the question of Iraqi legal jurisdiction over American troops and military contractors.  Officials in Washington said the administration has withheld the official English translation of the agreement in an effort to suppress a public dispute with the Iraqis until after the Iraqi parliament votes."    The differing versions were noted in the November 19th Congressional hearing.  Why others can't report is a question they should have to answer on the record.  They should also have to explain why they offered no skepticism (a trait reporters are never supposed to forget to pack) when this is totally expected.  During the April 10th US Senate's Committee on Foreign Relations hearing the chair, Joe Biden, explained: "The Administration tells us it's not binding, but the Iraqi parliament is going to think it is."  You didn't have to be pschyic, you just had to pay attention.  Look at how Ghana Broadcasting Corporation reports on the treaty: "Iraq's parliament has agreed to put a controversial deal allowing US troops to stay in the country for another three years to a public vote."  Even accepting that it's a three year treaty (when it's not) they see it as a three-year extension, not as a withdrawal.  It takes a lot of stupid to see only what you want to see.   Alissa J. Rubin and Campbell Robertson (New York Times) proved they're bag-men for the adminstartion but they aren't reporters.  They did so in print this morning with nonsense about how the treaty "would be a road map for the complete withdrawal of American troops from Iraq in three years."  One wonders what they packed for the Green Zone that was so all important it required ditching their skepticism?  Online, Rubin showed up this morning to break the news that today's vote has been "delayed by at least 24 hours" and to lie that the treaty "would lead to the withdrawal of American troops from Iraq in three years."  America, meet the new  Judith Miller, Little Miss Alissa.  Can't tell the truth and can't even remain detached.  Alissa whose only concern isn't "What does the treaty say?" but instead, "What does the White House want me to say? Call Crocker!  Ask Crocker what I should type!"    She can't read the US version of the treaty.  She can't read Arabic and she can't apparently handle the English translation well enough to grasp what it says and what it doesn't.  For example, what will or will not happen in 2011 is meaningless in any contract that truly runs for one year (this one runs for 2009) but allows it to be renewed if both parties desire to renew it (for 2010 and 2011) and it can also be modified for both of those years if renewed.  So the only thing concrete is 2009.  It's tough for glorified general studies majors when they slam into the basics of contract law but real reporters know that they don't just scribble down what the US Embassy tells them.  They know that something beyond their education requires they utilize what journalism calls "sources" to walk them through.  Alissa can't be bothered.    She doesn't know s**t about how the US Embassies are run throughout the world.  What an idiot.  Seriously.  She's heading the paper's Baghdad division and she doesn't know about US Embassies?  Can we say someone's a little too green and needs to be stationed somewhere else to ripen?  Every US Embassy, EVERY ONE, has US troops stationed at it to provide protection.  EVERY ONE.  So, Alissa, how will there be a complete withdrawal of all US troops in 2011 when the US Embassy will remain in Baghdad?  How?  No, don't go run to Ryan Crocker.  You're a reporter and an editor, you damn well should have already known the answer to the question.   CNN lied the nation into an illegal war back in 2002 and 2003 so it's not a big surprise they continue to lie today and maintain that the treaty would "set a deadline for the withdrawal of U.S. troops".  No, LIARS, it does not.  A one-year extension for the occupation of Iraq was needed and that's what the treaty does.  Every year, the United Nations Security Council has passed a one-year mandate which legalizes the presence of foreign troops in Iraq.  This one expires December 31, 2008.  It needs to be renewed or a new arrangement needed to be reached.  That it what the treaty covers.  And only the first year cannot be broken by either side.  So stop lying, LIARS WHO LIED US INTO WAR.     It's a damn shame that so few in so-called independent media will call the treaty out.  But remember that in 2011, file it away.  Remember who lied in Big Media and remember who couldn't be bothered with the topic in Little Media.  Remember that United for Peace & Justice & Uselessness couldn't even mount an objection.      Of organization, only the American Freedom Campaign got active: Does this sound right to you? Next week, the Iraqi Parliament is expected to vote on whether to approve an agreement setting the terms of the ongoing military relationship between the United States and Iraq. So far, so good. A legislative body, representing the people of a nation, shall determine the extent to which that nation's future will be intertwined with that of another. Of course, one would expect that the United States Congress would be given the same opportunity. That, however, is not the case. Or at least it is not what the Bush administration is allowing to happen. Shockingly, the Bush administration is not even letting Congress read the full agreement before it is signed! We need you to send a message immediately to U.S. House and Senate leaders, urging them to demand the constitutional input and approval to which they are entitled. The administration has asserted that the agreement between the U.S. and Iraq is merely a Status of Forces Agreement (SOFA) and therefore does not require congressional approval. Yet the agreement goes far beyond the traditional limits of a SOFA, which typically set the terms for bringing materials and equipment into a nation and outline the legal procedures that will apply to members of the military who are accused of crimes. Believe it or not, the current agreement contains terms that will actually give Iraq a measure of control over U.S. forces. No foreign nation or international entity has ever been given the authority to direct U.S. forces without prior congressional approval - either through a majority vote of both chambers or a two-thirds vote in the Senate in the case of treaties. If this agreement goes into effect without congressional approval, it will establish a precedent under which future presidents can exercise broad unilateral control over the U.S. military -- and even give foreign nations control over our troops. Congress must take immediate action. Unfortunately, they are about to adjourn for at least a couple of weeks. But it is not too late for House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid to make a statement, signaling their strong belief that Congress will not be bound by and need not fund an agreement that has not been approved by Congress. Please send an E-mail encouraging such action to Speaker Pelosi and Majority Leader Reid immediately by clicking [here] This is truly a dire situation and we hope that you will join us in calling for action. Thank you. Steve Fox Campaign Director American Freedom Campaign Action Fund   And for the beggars of Panhandle Media, let's be really clear that after the treaty is rammed through is TOO DAMN LATE to finally get around to raising objections. What is known is that there are two versions and they differ.  That was known last week and addressed in the Congressional hearing.  Credit to Youssef, Landay and Ashton for reporting that now.  The tell-Iraq-one-thing-but-do-another aspect was noted by Joe Biden, the incoming v.p., back in April.  The UN mandate expires at the end of this year and another yearly agreement is needed to legalize US forces being on the ground in Iraq.  A treaty is going through the process in Iraq but in the US the Congress will be circumvented.  If the treaty does not go through a one-year extension of the mandate will be sought.  The treaty covers only 2009.  Every thing coming after 2009 is optional because it can be modified or either party (Iraq or US) can cancel out on the full treaty.    That is known.  So the liars and the fools in the press corps who continue to insist that this one-year treaty means ALL US troops withdraw in 2011 have either been played or think they can play you.  They got away with it when they 'reported' the lead up to the illegal war and they're getting away with it right now because they're not being called out.  Where are those supposed 'brave' voices?   Norman Solomon, who allegedly gives a damn about Iraq, can write two fan club mash-notes to his wet dream Barack this week but can't write a damn thing about the treaty.  Remember that. [Cedric and Wally have spoofed Norman's nonsense this week in "Norman tells all!" & "THIS JUST IN! NORMAN SEES PEE-PEES EVERYWHERE!" and in "Norman discovers his girlish side" & "THIS JUST IN! NORMY LOVES BARACK!"]   The vote has been delayed.  Allegedly it will take place tomorrow.  CBS News' Elizabeth Palmer observes "that the ruling Shiite and Kurdish parliamentary blocs have enough votes to approve the agreement, but the government wants it to win by a convincing margin -- in part because one of this country's most influential Shiite clerics, Grand Ayatollah Ali al-Sistani, has said he can accept the agreement, provided it has broad public support."  AP's Qassim Abdul-Zahra explains that the Kurdish and Shi'ite blocs have indicated their willingness "to hold a national referendum on the deal in 2009. That amounts to a concession to many Sunni Arab legislators, who have said they would support the security pact Wednesday if it was put to a nationwide vote next year."  Raheem Salman and Tina Susman (Los Angeles Times) note demands by Sunni legislators and they observe: "The delay, coming after days of political bargaining and cajoling, underscored Prime Minister Nouri Maliki's concerns about passing the controversial Status of Forces Agreement without a wide margin. The legislature's main Shiite Muslim and Kurdish blocs support the deal, virtually ensuring it would win the 138 votes needed to pass the 275-seat parliament. But Shiite Muslim leaders want to ensure sufficient Sunni votes to guarantee its legitimacy in the eyes of Iraq's Sunnis."  Jane Arraf (Christian Science Monitor) states, "Sunni Lawmakers also said that their new stipulations, formulated just Tuesday, semmed from discontent over growing Iranian influence across Iraq and a belief that a new administration in Washington may not honor the terms of the deal" and "In exchange for their support for the security agreement, a wide variety of Sunni, Kurdish, and even Shiite parliamentarians are insisting on a political reform package that would increase checks and balances on Prime Minister Nouri al-Maliki's Shiite-led government. For the Sunnis, fears of empowering Iraq's Shiite-dominated security forces underpins much of the opposition."  On the referendum, Sudarsan Raghavan (Washington Post) adds, "But they have agreed to make the pact subject to a national referendum next year that could require a complete American troop withdrawal by July 2010 -- 18 months ahead of what the agreement now envisions.  The referendum was a last-minute concession to Iraq's largest Sunni party, the Iraqi Islamic Party, which has long demanded that the agreement be put to a nationwide vote."  "Political theater" Rainia Abouzeid (Time magazine) calls today's delay and notes the recent repeated delays in voting on the treaty and explains puppet Nouri al-Maliki "personally lobbied recalitrant parliamentarians at the nearby Rasheed Hotel" today "in exchanges that degenerated into fiery rows, according to a Maliki aide who was present." What if the vote goes through tomorrow (or some day) and the referendum is attached?  Reuters quotes US Secretary of State Condi Rice declaring, "My understanding is that nothing here delays the entering into force of the agreement and that's really the important point."  McClatchy's Adam Ashton agrees: "That's because the vote likely wouldn't take place until July, and the security agreement requires each side to give the other notice of at least one year before ending the pact."  OH GOODNESS!  The treaty can be modified or cancelled!  Who would've guessed!  (Yes, that point has been made in the snapshots repeatedly for too long to count.  That is why it is a one-year treaty, not a three-year one.  A one-year treaty is being signed which can be extended if both parties desire to do so.)   What some desire . . . Reports are that the current US Secretary of Defense -- pro-'surge' Robert Gates -- will remain Sec of Defense under incoming president Barack Obama.  File it under "Slogans That Bit You In The Ass."  Stan and Rebecca covered this topic last night.   While Barack offers more of the same, UN High Commisoner for Refugees Antonio Gueterres is visiting Iraq and declared today, "We are no expanding our presence inside Iraq.  We will have a pressence in 14 governorates by early next year, including here in Ramadi."   Gueterres arrived in Baghdad yesterday and his visit continues tomorrow.  Sarah Chynoweth and Ada Williams Prince (Washington Post's PostGlobal) report on Iraqi refugees in Jordan and note, "Although life in Jordan is free of gunfire and explosions, it is not free from fear, particularly for Iraqi women and girls. If you are an Iraqi woman in Jordan, your life is filled with dread and uncertainty. Since Iraqis do not have legal status there, they are afraid of being caught by the authorities and deported back to Iraq--even though this does not occur very often. Because of this, many are afraid to come forward to receive health care, even if the services are available and accessible. If you are a poor Iraqi woman in Jordan, your life is even more difficult. There are tremendous barriers to getting adequate health care: women with limited financial resources often have less knowledge of what medical services are available and how to access them."  The Iraq War has created the world's largest refugee crisis and over five million Iraqis have been displaced internally and externally.  Total Catholic notes, "The flood of Iraqi refugees into Syria has produced big changes for the Church in the country.  Caritas Syria, the local affiliate of the international umbrella group of Catholic aid agencies, has expanded its outreach.  Today, it manages more than 2 million [British pounds] a year in projects targeting vulnerable Iraqi refugees, and it co-operates in ecumenical programs with the country's Orthodox community."  Derek Gatopoulos (AP) notes that Human Rights Watch released a report today that.  HRW explains, "Greece systematically rounds up and detains Iraqi asylum seekers and other migrants in dirty, overcroded conditions and forcibly and secretly expels them to Turkey" and offers:   An Iraqi Kurd from Kirkuk who was among the scores interviewed by Human Rights Watch, made five attempts to cross from Turkey to Greece and was beaten and summarily expelled from Greece. He was also beaten and detained by the Turkish authorities. After the Greek authorities finally registered him, they used detention to deter him from seeking asylum. "They told me that if I asked for asylum and a red card that I would need to spend more time in jail beyond 25 days, but if I didn't want asylum and a red card I could leave detention after 25 days. So, I refused the red card and after 25 days they released me. I got a white paper telling me I needed to leave the country in 30 days.   "I wanted to go to another country to seek asylum, but a friend told me that because they took my fingerprints, they would send me back to Athens. I have now been here a month without papers. Now I am in a hole. I can't go out. I can't stay. Every day, I think I made a mistake to leave my country. I want to go back, but how can I? I would be killed if I go back. But they treat you like a dog here. I have nothing. No rights. No friends."   The report is entitled "Stuck in a Revolving Door: Iraqis and Other Asylum Seekers and Migrants at the Greece/Turkey Entrance to the European Union" and it notes: Despite the widespread fear among Iraqis of being deported, relatively few are officially deported from Greece.  In 2007 Greece deported 405 Iraqis out fo the 9,586 Iraqis who were "arrested to be deported."  Since Greece has not been able regularly to deport Iraqis directly to Iraq, this presumably reflects deportations to transit countries, such as air arrivals from Jordan.  Because there are now direct air connections between Athens and Erbil through Viking Airlines, a private Scandinavian company that runs charter flights, it appears that some direct deportations from Greece to Iraq have taken place.  However, since this connection is not permanent and flights are often interrupted, Greece has mainly sought to deport Iraqis to Turkey on the understanding that Turkey would be more likely to accept Iraqis and (Iranians) than other nationalities under its readmission agreement with Greece because of the relatively cheap and easy option of deporting them by bus across its southeastern land border.   Hussein Kadhim (McClatchy Newspapers) reports four Baghdad roadside bombings which claimed 2 lives and left eighteen people injured.     Today the US military announced: "One U.S. Marine and an U.S. Military Transition team Soldier were killed in a small-arms fire attack while conducting a humanitarian assistance operation near Biaj Nov. 25.  Two Marines and three civilians were also wounded in the attack.  While in the midst of the unit conducting the mission the unit came under fire by two men, one of whom appeared to be wearing an Iraqi uniform.  The Iraqi Security and Coalition forces immediately cordoned off the area.  'The attack appears to have been unprovoked, said Col. Bill Bukner, spokesman for the Multi-National Corps - Iraq.  'It is unknown if the attacker was an Iraqi soldier or an insurgent in disguise.'  The incident is under a joint investigation."   The announcement brings to 4207 the number of US service members killed in Iraq since the start of the illegal war.   War resister Robin Long was extradited in July.  Last month Gerry Condon (Soldier Say No!) wrote an indepth piece on Long and the movement in Canada:   Conservative Prime Minister Stephen Harper, who argued fruitlessly five years ago that Canada should join George Bush's invasion of Iraq, was eager to deliver the first deportation of an Iraq War resister. The order to arrest Robin Long came from the top. It was Harper's insurance policy. If he couldn't deport Glass, he would deport Long. While the Canada Border Services Agency shuttled Robin Long from one prison to another, keeping him isolated from friends and supporters, a last-ditch attempt to stop his deportation was mounted by Vancouver lawyer, Shepherd Moss. A hearing was scheduled in Federal Court in Vancouver for Monday morning, July 14. But Robin Long's luck ran out when his case was assigned to Judge Anne McTavish, the author of damaging decisions against Jeremy Hinzman and Brandon Hughey, the first two GIs to seek refugee status in Canada. Canadian authorities had failed to inform Long of his pending deportation, thus denying him his right to appeal. But Judge McTavish refused to delay Long's deportation. The legal reasons for Corey Glass's were not yet published and could potentially apply to Long. Such was the rush to deport a war resister, however, that Judge McTavish was willing to risk having opposing court decisions on the same issue, within a one week period. "Here, we've got a deserter for you." Robin Long was not allowed to attend his own hearing and he was not informed of its outcome. Instead, on the morning of Tuesday, July 15, Canadian immigration police drove him to Canada's border with the U.S. near Blaine, Washington, and loudly announced to their U.S. counterparts, "Here, we've got a deserter for you." Stephen Harper and the Bush Administration got what they wanted, international headlines trumpeting, "Canada Deports U.S. Deserter." The Canadian people learned about the deportation of Robin Long from sketchy media reports. The Canada Border Services Agency, citing "the Privacy Act," refused to give the media any details. How was the deportation carried out? Where did it occur? Who handed Robin Long over to whom? Where was Long held in Canada? Where was he being held in the U.S.? The Privacy Act, enacted to protect the privacy of individuals, was abused by the Conservative government in order to isolate Robin Long and keep Canadians in the dark. Why didn't the Conservative government want Canadians to know the details of this deportation? The word "deportation" connotes an unfortunate but orderly and lawful procedure. What Canadian and U.S. authorities did to Robin Long was more like a "rendition," an extralegal government-to-government kidnapping supposedly reserved for terror suspects. Canadians will be outraged when they hear the truth. War Resister Assaulted and Threatened in Canadian Jails Robin Long was arrested unlawfully on false grounds and for political reasons. He was held incommunicado. Over a ten-day period, he was transferred to three different Canadian jails. In the Kamloops Regional Correctional Centre, Long was assaulted twice by a group of prisoners who objected to his dreadlock hairstyle. Although he is short and slight, Long was able to fight off his attackers once, and a guard halted the second assault. But Long decided to cut his hair.   That's the definitive piece on Long and thank you to a mutual friend who first called to ask, "Why are you ignoring Gerry?" and then steered me to that essay which I wasn't aware of.  Gerry Condon ends his essay noting that you can write Robin care of Courage To Resist robinlong@couragetoresist.org and that "You can also contribute to Robin's brig account that he uses to pay for phone calls to friends and family."  And for those wondering if Robin is due to be released before the holidays, Fort Carson Public Affairs Office's Karen Linne explained here August 22nd that he had been sentenced to 15 months and would be credited for "about 40 days" for the time he was held at the Criminal Justice Center in El Paso County prior to the court-martial.   Moving over to US politics, Marie Cocco (Washington Post Writers Group) observed last week, "It is time to stop kidding ourselves.  This wasn't a breakthrough year for American women in politics.  It was a brutal one."  With that in mind, we'll note John Ross' election observations via Counterpunch: I don't buy Barack Obama as the Messiah. I didn't vote for him (I voted for another Afro-American) and I haven't filed an application to join his regime. He ran a duplicitous, multi-million dollar campaign that masqueraded as a social movement and because it was a gimmick and a shuck, will thwart and demoralize the re-creation of real social movement for years to come.   The suckers packed shoulder to shoulder in Grant Park on Election Night were not a movement. 40 years ago, the Left stood in that park and were burning American flags, not waving them - although the reasons were equally specious. Back then, it was the denial of another false Messiah's rightful place on the Democratic Party ticket. We ran a pig for president to underscore our disdain for the electoral process and when Mayor Dailey's cops kidnapped and barbecued our candidate, we turned to yet another Afro-American who was also not the Messiah. In August 1968, the Mayor of Chicago, whose son is now Barack Obama's most trusted political advisor, sent in the real pigs to beat us into the Grant Park grass like so many baby harp seals.    Now that was a social movement…  Eduardo Galeano does not get it. When he tells Amy Goodman that he has high hopes for El Baracko because black slaves once built the White House for which the president-elect is now measuring the drapes, he does not consider that Obama himself is a slave, a slave to Wall Street and General Motors and Big Oil and Big Ethanol, a slave to the War Machine and U.S. Imperialism and Israel, a slave to We're Number One jingoism, avarice, and greed and the American Nightmare, a slave to the free market and free enterprise and free trade and the flimflam of corporate globalization, and most of all, a slave to the Democratic Party puppet masters who now move his strings.   Galeano doesn't seem to recall that Afro-Americans can be mass murderers too. Condi is a killer and Barack's big booster Colin Powell once obligated the United National Security Council to cover up a reproduction of Picasso's "Gernika" before he could lie that contaminated body in the eye about Saddam's make-believe WMDs and jumpstart a war that has now taken a million Iraqi lives. So far. The bloodletting has hardly abated.  We are in garbage time. The adulatory garbage being spewed about the virtues of Barrack Obama are a toxic trick on the peoples of the earth. One glaring recent example: 100,000 marched from sea to shining sea in the U.S. last weekend (Nov. 16th) in support of same sex marriage and no one had the moxie to even mention that Barack Obama does not support same sex marriage.     On the issue of equality, Ruth, Kat and Marcia covered the Florida circuit judge overturning Anita Bryant's ban on gay adoption yesterday.  Elaine noted US House Rep Rosa DeLauro's Congressional work on breast cancer and Mike covered the judge who yelled "tyrant."   Independent journalist David Bacon covers immigration and Obama in a new article at The Nation:     So far, the choice of Janet Napolitano is not encouraging. The Tucson "Operation Streamline" court convenes in her home state every day, and the situation of immigrants in Arizona is worse than almost anywhere else. Napolitano herself has publicly supported most of the worst ideas of the Bush administration, including guest worker programs with no amnesty for the currently undocumented, and brutal enforcement schemes like E-Verify and workplace raids. But Obama does not have to be imprisoned by the failure of Napolitano to imagine a more progressive alternative. In fact, his new administration's need to respond to the economic crisis, and to strengthen the political coalition that won the election, can open new possibilities for a just and fair immigration policy. Economic crisis does not have to pit working people against each other, or lead to the further demonization of immigrants. In fact, there is common ground between immigrants, communities of color, unions, churches, civil rights organizations, and working families. Legalization and immigrant rights can be tied to guaranteeing jobs for anyone who wants to work, and unions to raise wages and win better conditions for everyone in the workplace.   Bacon's latest book is Illegal People -- How Globalization Creates Migration and Criminalizes Immigrants (Beacon Press).    iraq jonathan s. landay mcclatchy newspapers nancy a. youssef adam ashton gerry condon robin long john ross elizabeth palmer the new york times campbell robertson alissa j. rubin the los angeles times tina susman cbs news the washington post sudarsan raghavan marie cocco david bacon