Kurdistan Region's Constitutional Proposal

February 19, 2004

Iraqi Kurdistan region submitted its constitutional proposal regarding the proposed Iraqi Transitional Administrative Law codifying the federal status of Kurdistan. The document was submitted to the Iraqi Governing Council by the President of the Kurdistan National Assembly (parliament) Roj Shaways on behalf of the Kurdistan region's legislature and the two principal Kurdistan political parties, the Kurdistan Democratic Party and Patriotic Union of Kurdistan

Text:

CHAPTER [ ] SPECIAL PROVISIONS FOR THE KURDISTAN REGION OF IRAQ

ARTICLE 1: CONTINUITY OF THE KURDISTAN REGION

Section 1: The Kurdistan Regional Government: - The Kurdistan Region is a self-governing region, with its own laws and government. The Government of the Kurdistan Region includes the Kurdistan National Assembly, the Council of Ministers, and the Kurdistan Judiciary.

Section 2: Territory of the Kurdistan Region: - For the purposes of this Transitional Law, the Kurdistan Region consists of those territories in the governorates of Ninevah, Dohuk, Erbil, Kirkuk, Sulaimani, and Diyala that were administered by the Kurdistan Regional Government on March 19, 2003 and is the territory within Iraq that is north and west of the former cease-fire line ("Green Line") as it existed on March 18, 2003

Section 3: Continuation of Law: - Except as otherwise provided in this law, all laws in force in the Kurdistan Region as of the effective date of this Transitional Law shall continue in force. Except as related to matters within the exclusive competence of the Provisional Government of Iraq, the Kurdistan National Assembly shall enact all laws in force in the Kurdistan Region. On the territory of the Kurdistan Region, law enacted by the Kurdistan National Assembly shall be supreme.

ARTICLE 2: THE IRAQI KURDISTAN NATIONAL GUARD;

SECURITY OF THE KURDISTAN REGION

Section 1: Establishment of Iraqi Kurdistan National Guard:

The Kurdistan National Assembly shall raise, regulate, recruit, and officer an Iraqi Kurdistan National Guard, and shall appoint its Commanding Officer. The Iraqi Kurdistan National Guard shall be a component of the Armed Forces of Iraq and under the command of the lawful civilian authorities of Iraq provided: (1) the Iraqi Kurdistan National Guard may be deployed outside the boundaries of the Kurdistan Region only at the request of the lawful civilian authorities of the Provisional Government of Iraq and only after the Kurdistan National Assembly has authorized such a deployment, provided further that the Kurdistan National Assembly may restrict the deployment of the Iraqi Kurdistan National Guard outside the boundaries of the Kurdistan Region to a specific location and for a specified period of time; (2) No weapons shall be removed from the possession and control of the Iraqi Kurdistan National Guard without the consent of the Kurdistan National Assembly; and (3) The Provisional Government of Iraq is democratic and operating pursuant to all provisions of this Transitional Law.

Section 2: Transition to Iraqi Kurdistan National Guard:

Within a reasonable period of time after enactment of this Transitional Law, the Kurdistan National Assembly shall authorize the formation of the Iraqi Kurdistan National Guard. Peshmerga units shall be demobilized and all armaments (except for personal weapons) shall be transferred to the Iraqi Kurdistan National Guard.

Section 3: Recognition of Peshmerga Contribution to National Liberation:

The Kurdistan National Assembly and the Provisional Government of Iraq shall honor, through the striking of a medal or other appropriate means, the contribution the Peshmerga made to the liberation of Iraq.

Section 4: Composition of Iraqi Kurdistan National Guard: -The Iraqi Kurdistan National Guard shall be representative of all the peoples of the Kurdistan Region, including Kurds, Turcomans, Assyrians, Chaldeans, and Arabs.

Section 5: Non-deployment of other Iraqi Armed Forces to Kurdistan: - Except for the Iraqi Kurdistan National Guard established by this Article, the Armed Forces of Iraq shall not enter the territory of the Kurdistan Region without the consent of the Kurdistan National Assembly.

The Kurdistan National Assembly may confine the presence of any Iraqi Armed Forces to specified places within the Kurdistan Region and may limit the numbers and duration of any presence by Iraqi Armed Forces on the territory of the Kurdistan Region.

Section 6: Protection of International Borders: - In accordance with policies determined by the Provisional Government of Iraq and decided in consultation with the Kurdistan Regional Government, the Iraqi Kurdistan National Guard shall be responsible for the protection of Iraq's international borders that are the also the borders of the Kurdistan Region.

ARTICLE 3: NATURAL RESOURCES IN THE KURDISTAN REGION

Section 1: Ownership of resources:

The Natural Resources located on the territory of the Kurdistan Region, including water, petroleum and subsoil minerals, belong to the Kurdistan Region.

Section 2: Public Land: - All public land in the Kurdistan Region belongs to the Kurdistan Region.

Section 3: Water: - (a) All water in the Kurdistan Region belongs to the Kurdistan Region. The Kurdistan Regional Government shall regulate the generation and distribution of hydro- electric power within the Kurdistan region, the exploitation of fish and other aquatic resources, and the irrigation of cropland within the Kurdistan Region.

Water flowing though the Kurdistan Region shall be managed in close coordination with the relevant ministries of the Provisional Government of Iraq so as to assure an equitable division of water between the Kurdistan Region and other parts of Iraq.

Section 3: Minerals and Petroleum: --- (a) Petroleum and minerals on or under the surface of the land of the Kurdistan Region belong to the Kurdistan Region.

Except for petroleum from reservoirs in commercial production on the effective date, the Kurdistan Regional Government shall regulate the exploitation and sale of petroleum and minerals in the Kurdistan Region, and shall receive the proceeds from their sale.
The exploitation of petroleum in the Kurdistan Region shall be managed in close coordination with relevant ministries of the Provisional Government of Iraq; (d) Petroleum from reservoirs in commercial production on the effective date may be managed by the Provisional Government of Iraq for the benefit of all the people of Iraq, provided the Kurdistan Regional Government receives from federal budget the funds specified in Article 4.

For the purposes of this article, commercial production means an average daily production over any consecutive twelve-month period since January 1, 1998 of 20,000 barrels per day.

ARTICLE 4: FISCAL ARRANGEMENTS Section 1: Taxation: --- The Kurdistan Regional Government and the Provisional Government of Iraq shall conclude an agreement regarding the applicability of federal tax laws in Kurdistan, which shall be binding when approved by the Kurdistan National Assembly and the Transitional Assembly of Iraq. Pending such an agreement, only taxes enacted by the Kurdistan National Assembly shall be valid in Kurdistan.

Section 2: Administration of Taxes:

The Kurdistan Regional Government shall be responsible for the administration of all taxation laws within the Kurdistan Region. It shall remit to the Treasury of the Provisional Government of Iraq all revenues (less the costs of administration and enforcement) from any applicable federal taxes.

Section 3: Block Grants: - For the purpose of governmental functions in the Kurdistan Region, the Kurdistan Regional Government annually shall receive, after permitted deductions, a sum of money that is a percentage of the total revenues of the Provisional Government of Iraq that is not less than the percentage the population of the Kurdistan Region is of the population of Iraq.

Section 4: Permitted Deductions: - For the purpose of this Article, "permitted deductions" means (1) Kurdistan's proportionate share (based on population) of Provisional Government expenditures for activities within the exclusive competence of the Provisional Government, (2) an amount not more than the revenues anticipated from federal taxes in Kurdistan where such taxes are applicable all parts of Iraq except Kurdistan and (3) any revenues from the sale of petroleum retained by the Kurdistan Regional Government where the Kurdistan Region would retain more revenues from the sale of petroleum than any other region or governorate in Iraq.

ARTICLE 5: KURDISTAN REGION RATIFICATION OF SUCCESSOR LAWS TO THE TRANSITIONAL LAW

The Permanent Constitution of Iraq, or any successor law to this Transitional Law, shall be valid in the Kurdistan Region only if approved by a majority of the people of the Kurdistan Region voting in a referendum.

ARTICLE 6: EFFECTIVE DATE IN THE KURDISTAN REGION

This Transitional law will come into effect in the Kurdistan Region when conforming changes are made in the Constitution and laws of the Kurdistan Region.

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