COALITION PROVISIONAL AUTHORITY ORDER NUMBER 75
REALIGNMENT OF MILITARY INDUSTRIAL COMPANIES
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),
Furthering commitments to promote public order and safety and restore the conditions of security and stability for the Iraqi people,
Having worked closely with the Governing Council to ensure that economic change
occurs in a manner acceptable to the people of Iraq,
Recognizing that many state-owned enterprises previously engaged in military industrial production (heretofore “military industrial companies”) sit idle and largely abandoned throughout Iraq,
Concerned that buildings and factories of companies formerly assigned to the military industrial commission (or “military industrial companies”) often contain stockpiles of hardware and materials that remain deployable for violent uses against Coalition Forces and the people of Iraq, and that employees of these companies remain needlessly underemployed and unable to utilize their skills to promote the welfare of Iraq,
Determined to secure and dispose of these stockpiles and to assign responsibility for reconstituting military industrial companies and reassigning their employees as necessary for the promotion of peace, security, and stability in Iraq;
I hereby promulgate the following:
Section 1
Purposes and Objectives
This Order promotes public order and safety for the Iraqi people by providing for the security and destruction of materials abandoned after the closure of military industrial companies throughout Iraq. This order also restores conditions of stability in Iraq by assigning responsibility for the personnel and assets of military industrial companies to appropriate ministries and facilitating the reconstitution of such companies for peaceful and resourceful uses.
Section 2
Military Industrial Companies
CPA/ORD/15 April 2004/75
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1) Military industrial companies subject to this Order include those state-owned
enterprises listed in Annex A. The absence of appropriate responsibility for the
facilities and assets of these enterprises has been determined by the Administrator to constitute a continuing threat against Coalition Forces and the people of Iraq if not appropriately secured.
2) State-owned enterprises formerly assigned to institutions dissolved under CPA Order No. 2 (CPA/ORD/23 May 2003/02), Dissolution of Entities, and those enterprises formerly assigned to the military industrial commission are generally subject to inclusion in Annex A.
3) The military industrial commission is an entity dissolved under CPA Order No. 2 (CPA/ORD/23 May2003/02).
4) The Administrator retains authority to add state-owned enterprises to Annex A if it is determined that such enterprises previously engaged in military industrial production and either (a) threaten public order and safety on account of stockpiles and/or abandoned materials that may be used for violent purposes against Coalition Forces and the people of Iraq, or (b) have real property or other tangible assets that the enterprise as presently constituted cannot adequately safeguard and thus stand in danger of being looted, severely damaged, or destroyed.
5) The Minister of Industry shall be notified of any additions or deletions to Annex A within ten days of such action being taken by the Administrator. The Minister of Industry shall also inform the Administrator of any state-owned enterprise known to have been engaged in military industrial production, but not listed in Annex A
Section 3
Disposition of Military Industrial Assets and Employees
1) The Administrator retains authority to secure facilities and dispose of the material assets of enterprises listed in Annex A so long as the Administrator finds that such facilities or assets or the lack of control over such facilities and assets constitute a continuing threat to Coalition Forces and the people of Iraq.