Order 26: Creation of the Department of Border Enforcement

COALITION PROVISIONAL AUTHORITY ORDER NUMBER 26

CREATION OF THE DEPARTMENT OF BORDER ENFORCEMENT

Pursuant to my authority as Administrator of the Coalition Provisional Authority (CPA), under the laws and usages of war, and consistent with relevant U.N. Security Council resolutions, including Resolution 1483 (2003),

Recognizing that border controls are essential to the establishment of a free and safe Iraq,

Recognizing that previous border functions were carried out by five different government entities within the former Iraqi regime, and that the former Iraqi regime often used these functions as tools to oppress the interests of the Iraqi public,

Recognizing that it is desirable as soon as possible to restore the normal transit and movement of people and commercial goods to and from Iraq,

Recognizing that such transit must be restored in a way that protects the security and safety of the Iraqi public people and others lawfully present in Iraq,

I hereby promulgate the following:

Section 1 Establishment of the Department of Border Enforcement

1) There shall be established the Department of Border Enforcement for Iraq as a department within the Ministry of the Interior.

2) The Department of Border Enforcement will monitor and control the movement of persons and goods to, from, and across the borders of Iraq.

3) The Department of Border Enforcement shall conduct its activities consistent with all applicable CPA Regulations, Orders, and Memoranda, including CPA Order 16 regarding the Temporary Control of the Iraqi Borders, Ports and Airports, and all Iraqi laws regarding immigration, emigration, customs and quarantine, including the Customs Law of 1984, unless specifically suspended by the CPA.

CPA/ORD/24 Aug 2003/26

� Section 2 Responsibilities of the Department of Border Enforcement

1) Full authority, direction and control over all border-related functions formerly exercised by the Ministry of Foreign Affairs, the Ministry of Finance, the Ministry of Interior, the Ministry of Defense and the Presidential Office, including border police, customs police, customs inspections, immigration inspections, border port of entry facilities protection, detention and deportation, coastal patrol, airport immigrations and customs processing, passport issuance and inspections, and nationality and civil affairs functions, are hereby vested in the Department of Border Enforcement. The Ministry of Foreign Affairs retains the limited authority to issue diplomatic and official passports necessary for official travel.

2) All facilities, equipment, and vehicles engaged in border-related functions that were previously under the authority of the Ministry of Foreign Affairs, the Ministry of Finance, the Ministry of Interior, the Ministry of Defense, or the Presidential Office, all employees thereof, and all related funds for such functions or payroll, are hereby transferred to the Department of Border Enforcement. The Ministry of Foreign Affairs will retain such facilities and equipment as are necessary to accomplish the limited responsibility of issuing diplomatic and official passports.

Section 3 Cooperation Among Ministries and Governmental Offices

The Ministry of Foreign Affairs, the Ministry of Finance, the Ministry of Interior, national defense agencies, the Presidential Office and the Department of Border Enforcement, and all other relevant organs of government, shall cooperate in this effort, including prescribing, under the authority, direction and control of the CPA, any administrative procedures necessary to carry out this Order. The Ministry of Finance, under the authority, direction and control of the CPA, shall be responsible for developing policy regarding border-related revenue functions.

CPA/ORD/24 Aug 2003/26