Mem 7: Delegation of Authority Under De-Baathification Order No 1


(CPA/ORD/16 May 2003/01)

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 Resolution 1483 (2003),

Recognizing that the Iraqi people have suffered large scale human rights abuses and
depravations over many years at the hands of the Baath Party,

Noting the grave concern of Iraqi society regarding the threat posed by the continuation
of Baath Party participation in the public sector, including in particular the education

Observing that under the prior regime some Iraqis may have become affiliated with the
Baath Party for reasons not primarily related to their ideological beliefs,

Recognizing that organizing and expediting de-Baathification is an urgent task that is
necessary to put Iraq on the path towards reconstruction and renewal,

Acknowledging that the Governing Council has created a Higher National De-
Baathification Commission in order to contribute to a secure, stable environment that will
sustain freedom and democracy for the Iraqi people,

Recalling the steps already taken in CPA Order Number 1, De-Baathification of Iraqi
Society (CPA/ORD/16 May 2003/01),

I hereby promulgate the following:

Section 1
Delegation of Authority

1) The Governing Council is hereby empowered to carry out the de-Baathification of
Iraqi society consistent with CPA Order No. 1, De-Baathification of Iraqi Society
(CPA/ORD/16 May 2003/01). To the extent consistent with CPA Order No. 1
(CPA/ORD/16 May 2003/01), Decisions 1 and 2 of the Higher National De-
Baathification Commission, made on September 14, 2003, are hereby ratified.
Notwithstanding such ratification, any action taken by the Administrator pursuant
to Section 1(6) of CPA Order No. 1 (CPA/ORD/16 May 2003/01) shall remain in

CPA/MEM/4 November 2003/7

effect unless and until terminated on a case-by-case basis by the Higher National

De-Baathification Commission.

2) The Governing Council is further authorized to seize and manage property and
assets of the Baath Party, consistent with CPA Order No. 4, Management of
Property and Assets of the Iraqi Baath Party, May 25, 2003. The Governing
Council shall consult with the CPA in developing procedures to ensure that such
property is seized and managed fairly and judiciously.

Section 2
Terms and Conditions

The authority delegated under Section 1 of this Memorandum shall be subject to the
following terms and conditions:

The Governing Council may further delegate the authority conferred under Section 1
of this Memorandum to the Higher National De-Baathification Commission or other
organization established by the Governing Council.

To the extent practicable, factual determinations regarding an Iraqi citizen’s affiliation
with the Baath Party, or involvement with the Special Security, National Security,
Special Protection for the Presidency, Military Intelligence, Feda’iyeen Saddam,
General Security or Mukhabarat, should be made at the governorate (or equivalent)
level of government or below, by individuals selected on the basis of their ability to
analyze information objectively and render fair and judicious determinations. These
factual determinations shall be made in accordance with policies and procedures to be
established by the Governing Council for uniform application throughout Iraq.

3) The Governing Council, in coordination with the concerned Minister or equivalent
official, may establish special de-Baathification procedures for application to
particular professions or groups of individuals. Such procedures may concern the
process of making factual determinations and the consequences of such
determinations. Consistent with this paragraph, the Governing Council shall authorize
the continued employment of current or recently discharged Iraqi civil servants who

a) held as a POW by Iran during the period September 4, 1980 through June
1, 2003;

b) released and repatriated to Iraq by Iran after being held in that status; and

CPA/MEM/4 November 2003/7

c) granted ‘Udw Firqah’ status following his or her release and repatriation to
Iraq and because of his or her status as a former POW.

An Iraqi civil servant’s eligibility for an exception to the de-Baathification policy
under this provision may be established through official documentation issued by the
International Committee of the Red Cross, or other independent organization or
government organization. If the Higher National De-Baathification Commission
determines that credible information establishes that an Iraqi civil servant who seeks
or has been granted an exception under this delegation of authority was promoted to
the rank of ‘Udw Firqah’ for reasons other than his or her status as a former POW, or
that his or her involvement in the Baath Party was incompatible with continued
service as a civil servant, the Higher National De-Baathification Commission may
deny or at any time rescind an exception for that individual

4) Any Iraqi citizen who is dismissed from his or her position of employment as a result
of the exercise of the authority conferred herein shall be entitled to:

a) advance written notification explaining the grounds for dismissal and the
procedures for appealing that dismissal;

b) a reasonable opportunity to respond to the notification in writing or in person and
present evidence; and

c) a reasonable opportunity to appeal immediately any adverse decision, in writing or
in person, to a fair and impartial entity independent of the individual or
organization that rendered the adverse decision, which shall promptly render a
written decision in the case.

In any case in which a dismissed employee’s appeal is denied, the dismissed
employee shall have the right to request further review of the matter by the Higher
National De-Baathification Commission or a national committee established by the
Higher National De-Baathification Commission for this purpose.

6) If an appeal results in an employee’s reinstatement, the employee shall be paid back
pay from the date of dismissal to the date of reinstatement.

Following consultation with the Governing Council, the Administrator may reinstate
an employee if he concludes that it is in the interests of the Iraqi people or that failing
to reinstate the employee would be fundamentally unfair.

The Governing Council shall coordinate with the Minister of Finance before
exercising the authority conferred under this Memorandum in a manner that will
significantly affect the national budget of Iraq.

CPA/MEM/4 November 2003/7

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).