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ANNEX TO THE LAW FOR THE ADMINISTRATION OF IRAQ
IN THE TRANSITIONAL PERIOD
On the basis of Article 2(1)B of the Law of Administration for the State of
Iraq in the Transitional Period, the Governing Council decided in its session of
1/6/2004 to issue this Annex.
Section One: Formation of the Iraqi Interim Government
The Iraqi Interim Government, formed on the basis of wide-scale consultations
with all segments of Iraqi society, and consisting of individuals known for
their ability and integrity, will assume sovereign authority for governing Iraq
no later than 30 June 2004. The Interim Government will administer Iraq’s
affairs, in particular by providing for the welfare and security of the Iraqi
people, promoting reconstruction and economic development, and preparing for and
holding national elections by 31 December 2004, if possible, and, in any case,
no later than 31 January 2005. The Government, as an interim government, will
refrain from taking any actions affecting Iraq’s destiny beyond the limited
interim period. Such actions should be reserved to future governments
democratically elected by the Iraqi people. The members of the Interim
Government will swear a legal oath in front of the Head of the highest judicial
authority in Iraq. The Interim Government will dissolve upon the formation of
the Iraqi Transitional Government following national elections.
Section Two: Institutions and Powers of the Iraqi Interim Government
The Interim Government will operate under the Law of Administration for the
State of Iraq for the Transitional Period. It will consist of the Presidency of
the State (comprised of a President and two Deputy Presidents); a Council of
Ministers, including a Prime Minister; an Interim National Council and the
Judicial Authority. Except for the purposes of Chapter Nine of this Law or as
otherwise specified herein, references to the Iraqi Transitional Government and
its institutions and officials in this Law will apply to the Interim Government
and its institutions and officials. The Interim Government will at all times
respect obligations related to the transitional period and the fundamental
principles and rights of the Iraqi people as set forth in this Law. The
institutions of the Kurdistan Regional Government, the governorates and the
municipalities will function in accordance with this Law.
The Council of Ministers with the unanimous approval of the Presidency, may
issue orders with the force of law that will remain in effect until rescinded or
amended by future Iraqi governments. The Council of Ministers will have the
authorities granted to the National Assembly in this Law related to
appointments, the use of the Iraqi Armed Forces, and approval of international
agreements. The Interim Government will represent Iraq in its external
relations, but its powers in concluding international agreements will not extend
beyond Iraq’s diplomatic relations, international loans and assistance, and
Iraq’s sovereign debt. The appointment of Supreme Court members must be
unanimously confirmed by the Presidency Council of the Iraqi Transitional
Government within ninety days after its assumption of authority.
Section Three: The Interim National Council
Members of the Interim National Council will be chosen by a National Conference
that will meet in Baghdad during the month of July 2004. The Conference will be
organized by a High Commission, which will include members of the Governing
Council without other governmental positions, representatives from the regions
and governorates, and other distinguished Iraqis known for their capability and
integrity. The Interim National Council itself will be comprised of 100 members,
and will include members of the Governing Council mentioned above.
The Interim National Council will meet periodically to promote constructive
dialogue and create national consensus, and to advise the Presidency Council and
Council of Ministers. It will have the authority to monitor the implementation
of laws, to follow up the work of the executive bodies, to appoint replacements
to the Presidency Council in cases of resignation or death, to interpellate the
Prime Minister and Council of Ministers, and to veto executive orders by a 2/3
majority vote of its members within 10 days of being informed of such orders
which have been approved by the Presidency Council. The Interim National Council
will also have the right to approve the 2005 Iraqi national budget proposed by
the Council of Ministers, and to set its Internal Regulations.
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