COALITION PROVISIONAL AUTHORITY ORDER NUMBER 79
THE IRAQI NONPROLIFERATION PROGRAMS FOUNDATION
Pursuant to my authority as Administrator of the Coalition Provisional Authority
(CPA), and under the laws and usages of war, and consistent with relevant United
Nations Security Council resolutions, including Resolutions 1483 (2003), 1511
(2003), and 1546 (2004);
Furthering paragraph 1 of Resolution 1483, appealing to member states and
concerned organizations to assist the people of Iraq in their efforts to reform their institutions and rebuild their country, and to contribute to conditions of stability and security in Iraq,
Further noting the provisions of the preamble and subsection 27(E) of the Law of
Administration for the State of Iraq for the Transitional Period calling on the
government to respect and implement Iraq’s international obligations regarding
the non-proliferation, non-development, non-production, and non-use of nuclear, chemical, and biological weapons, and associated equipment, materiel, technologies, and delivery systems for use in the development, manufacture, production, and use of such weapons,
Recognizing that United Nations Security Council Resolution 1540 (2004) affirms
that proliferation of nuclear, chemical, and biological weapons and their means of delivery constitutes a threat to international peace and security and requires that all States take effective measures to prevent the proliferation of such weapons, including by establishing appropriate controls over materials, equipment and technology which could be used for the design, development, production or use of such weapons,
Reaffirming the need to prevent the proliferation of technologies and expertise
related to weapons of mass destruction (WMD)—nuclear, chemical, and
biological weapons—their delivery systems, and other advanced military
technologies,
Determining to establish a national foundation to support and assist former WMD
scientists, technicians, engineers, and technical personnel involved in the design of delivery systems for WMD in Iraq to transition into activities for peaceful civilian purposes so as to minimize the risk of WMD and delivery system proliferation,
CPA/ORD/19 June 2004/79
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Realizing that the success of this foundation will require strong support from the Iraqi government, other foundations, academic and scientific institutions, intergovernmental, and non-governmental organizations,
I hereby promulgate the following:
Section 1
Establishment and Purpose
1) The Iraqi Non-proliferation Programs Foundation (hereinafter “the INPF”) is hereby established. The INPF shall be a not-for-profit, tax-exempt, juridical entity with full legal personality and shall be independent of any Iraqi Ministry.
2) The INPF shall have authority to develop, approve, and finance science, technology, and commercialization projects and related activities carried out at institutions and facilities, public and private, located principally but not solely in Iraq in order to provide individuals employed by the former regime in the development, creation, or production of WMD, particularly those who possess knowledge and skills related to nuclear, chemical, and biological weapons, or delivery systems (collectively “WMD and delivery system personnel”), opportunities to redirect their expertise to transparent peaceful civilian activities that further the scientific, technological, nonproliferation, and economic development of Iraq. In accordance with Section 6(2), the INPF shall also have the authority to audit and monitor any and all projects that it sponsors.
3) After transfer of full governance authority to the Iraqis on June 30, 2004, all responsibilities herein ascribed to the Administrator of the CPA shall be assumed by the head of the Iraqi government.
4) The INPF shall operate under its Statute (“INPF Statute”). The INPF Statute shall include all elements needed to organize, manage, and maintain the INPF, including provisions which specify: general principles of operation, terms of reference of the Scientific Advisory Committee, description of financial management, contracting, grant-making, and acquisition practices, project oversight guidelines, and audit requirements. The INPF Statute is annexed hereto but may be amended by the Board of Directors in accordance with the procedures set forth in Section 2, paragraph 3.