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The Status Of Forces: Largely Uncertain

December 16, 2008

Under the new Status of Forces Agreement between Iraq and the United States, contractors and their employees operating in Iraq will no longer have immunity under the June 2004 Coalition Provisional Authority Order 17 and will become subject to Iraqi law as of January 1, 2009, even when performing under the terms of U.S. Government contracts and subcontracts. Contractors are advised that the full ramifications of this critically important change are unclear, including the payment of extra cost for foreign liability insurance, but in the meantime contractors should be informing on-site employees of their new legal status; briefing those employees regarding the relevant and applicable Iraqi laws, customs, and traditions; and developing plans to respond to any alleged violation of Iraqi law.

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

David C. Hammond
Partner – Washington, D.C.
Phone: +1.202.624.2510