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Iraqi Local Authorities and Coalition Endorse Customs Agreement
Step Supports Legal Trade Across Iraqi Borders

By Private First Class James Matise
101st Airborne Division Public Affairs Office

RABIA, Iraq (May 15, 2003) -- A trade accord governing the reopening of the border crossing here after two months has been signed by Mosul interim government officials, local tribal officials and endorsed by Coalition leadership was signed May 7.

Mosul interim mayor Ghanim Al-Baso, Mosul customs minister Turkey Hazaa'a and Sheike Fenar Ahmad Sfwok of the local Al-Shammari tribe signed the accord. It was fully endorsed by Maj. Gen. David H. Petraeus, commander of the 101st Airborne Division and Coalition forces in northern Iraq.

"Today, everybody wins," Petraeus said.

The agreement was a product of meetings between Mosul officials and the Al-Shammari tribe, gathered together by Col. Michael S. Linnington, commander of the 101st division's 3rd Brigade, and Lt. Col. Lee Fetterman, commander of 3rd Battalion, 187th Infantry Regiment, 3rd Brigade. Negotiations and meetings between business officials and faction leaders across the province also played a part in restoring local trade.

With the resumption of trade, businesses will profit, the people will be able to obtain necessary goods, competition will drive prices down, and the government will have more funds to operate on, Petraeus said.

The division commander also signed an address to the Syrian side of the crossing notifying them the Iraqi side of the border was open for trade and the customs office was authorized by Coalition forces to perform its duties, encouraging the Syrian office to open its border to trade as well, Petraeus said.

Last week, Mosul leaders alerted Petraeus to a potential crisis because the border with Syria was closed. The import-dependant region was beginning to feel the strain of the lack of trade from Syria.

"Frankly, we couldn't wait for Baghdad to try and get this process started," said Col. Richard O. Hatch, division staff judge advocate.

Petarus exercised his authority as Coalition forces commander in northern Iraq to remove all barriers to the movement of people and goods. Meeting with Hatch, Petraeus wanted to find out what could legally be done to reopen the border. They researched trade restrictions according to U.S. law and United Nations Security Council resolutions, and reinforced the authority of those regulations in the accord, saying that nothing in the agreement will supercede those regulations, Hatch said.

The language of the agreement calls for bona fide traders to be allowed access to Iraq, bringing in necessary items such as fuel, building materials, machinery and parts for industrial and agriculture equipment, and personal consumables. Import and export of such items was defined in the agreement as "legal trade," Hatch said.

Banned imports include narcotics and other contraband considered illegal by U.S. law, military equipment and "dual-use" items banned under U.N. resolutions, Hatch said.

"The agreement also directs customs police to prevent travel into Syria of any people Coalition forces are looking for," Hatch said. They will interdict such persons and provide support for the interdiction of drugs and contraband. The only thing that will come in is legal trade."

Nothing is currently being exported into Syria, since their side of the border remains closed for now, said Hatch. But the agreement also provides for the export of items allowed by U.S. law and U.N. resolutions. The only exception to this is the added prohibition of liquid propane gas exports, used for cooking, because of the current shortage on the local market, according to the agreement, he added.

Fetterman will be the ultimate authority over the customs and border operations as the senior Coalition commander in the area, said Hatch.

A deputy manager from the Iraq customs ministry in Mosul and a representative from the area tribe will assist Fetterman, Hatch said.

Import tariffs are set to the level they were prior to the fall of the Iraqi regime, and, to counter corruption, any official who collects more than his due faces immediate termination at the discretion of Fetterman and his deputies, Hatch said.

The parties to the accord paid close attention to the sensitivities of neighboring Syria, which has expressed concerns over the potential political and military fallout of the U.S.-led campaign to free the Iraqi people. The division and local leaders hoped the Syrians would also open their borders soon, Hatch said.

"There are many concerns voiced by the Syrian people," Hatch said. "(Syrian border officers) were told to close the border so former Iraqi regime officials couldn't go over but I don't think they meant to keep it closed to legal trade."

The agreement was a result of much cooperation, concession and compromise. For instance, in the days that led up to the signing of the agreement, Mosul officials had gone to talk with the Kurds operating the border crossing with Turkey and asked them to lower their tariffs so they would be on the same level as those coming in from Syria, Petraeus said.

"To encourage competition...the taxes on the border of Turkey have been lowered dramatically," Petraeus said. "So it's a great example of what can be achieved when there's compromise on all sides."

Naif Sfook Al-Faisal, a local tribal leader, expressing his "deepest appreciation for the U.S. government and people which give us freedom, hope and a democratic future," told Petraeus the Iraqi people "still have to liberate ourselves from the old and complicated things we have absorbed over the years."

Faisal asked Petraeus if it would be possible to begin building an Iraqi military force so they could help protect the borders that had been recently reopened. Petraeus said such a force was already on the way -- starting with one infantry company composed entirely of Iraqi forces.

The trade accord will remain in effect until a national commerce or trade ministry is put in place in Baghdad, which will have the power and resources to form a national trade policy for Iraq, Hatch said.

This article was first published on the U.S. Army Web site, which carries many first-hand accounts of U.S. activities in Iraq.