Order 018: Defense of the Republic, Aldurian Armed Forces

[Alejandro Campos]

Transitional Government of the Republic of Alduria

ORDER 018

------------------------------------------------------

Pursuant to my authority as President of the Republic of Alduria, and the provisions of the Constitution of Alduria, I hereby promulgate the following:

SECTION I. Definitions.

1. “Code of Military Discipline” is the Code of Military Discipline promulgated by the Department of Defense or by the President of the Republic through the appropriate constitutional promulgation methods.
   
2. “Commander in the Aldurian Armed Forces” means an Aldurian officer appointed from time to time in accordance with this Order to command positions in the Aldurian Armed Forces generally.
   
3. “Defense Areas” are defined as any land, water, or super-adjacent air space contained within the territory of Alduria, or any building or part of a building or any other building that is reserved or set apart, used or otherwise controlled for defense purposes.
   
4. “Extremist Organizations or Activities” are organizations or activities that advocate racial, gender or ethnic hatred or intolerance; advocate, create, or engage in illegal discrimination based on race, color, gender, religion, or regional or national origin; or use, or advocate the use of force or violence or other unlawful means for political purposes, whether internal or international.
   
5. “Heavy Weapons” are weapons firing ammunition larger than 7.62mm, machine guns, crew-served weapons, anti-tank weapons (such as rocket-propelled grenades (RPGs)), anti-aircraft weapons (to include shoulder fired missiles and AA guns), indirect fire weapons (mortars and artillery pieces), armored vehicles or self-propelled weapons, high explosives and explosive devices (including mines and hand grenades).
   
6. “Member of the Aldurian Armed Forces” or “Army” means a person serving in the Aldurian Armed Forces from the time of attestation until the date of termination of service.
   
7. “Aldurian Armed Forces” means the military forces of Alduria organized for the purposes set forth in this Order including all components of the national armed forces of Alduria, specifically including the ground forces recruited, trained, and organized as the first step in the process of creating a military defense force for Alduria. Unless the context clearly requires otherwise, all references to the “Aldurian Armed Forces” are references to any element of the national defense forces of Alduria.
   
8. “Serious Offense” means a criminal offense under the criminal laws of Alduria or the Code of Military Discipline that authorizes, in the event of a conviction, confinement for a period in excess of three months as a punishment.
   
9. “Small Arms” includes shotguns, pistols, and rifles that fire ammunition up to and including 7.62mm.
   

SECTION II. The Mission and Command Structure of the Aldurian Armed Forces.

1. The purpose of the Aldurian Armed Forces are:
   
   1. To preserve the peace and order of the Republic;
      
   2. To maintain the territorial integrity of the Republic and to defend Alduria and all its possessions and occupied areas;
      
   3. To support the national policies;
      
   4. To implement the national objectives and ambitions;
      
   5. To overcome any nations responsible for acts of aggression that imperil the peace and security of the Republic.
      
2. The Aldurian Armed Forces shall be composed of:
   
   1. the Aldurian Army, and its reserves and facilities;
      
   2. the Aldurian Navy, and its reserves and facilities;
      
   3. the Aldurian Air Force, and its reserves and facilities;
      
   4. the Aldurian Coast Guard, and its reserves and facilities, as established by Order 010;
      
   5. the Aldurian Border Guard, and its reserves and facilities, as established by Order 010;
      
   6. the Aldurian Support Services, and its reserves and facilities.
      
3. The Joint Chiefs of Staff consists of:
   
   1. The Chairman of the Joint Chiefs of Staff;
      
   2. Chief of Staff of the Aldurian Army;
      
   3. Chief of Staff of the Aldurian Navy;
      
   4. Chief of Staff of the Aldurian Air Force;
      
   5. Chief of Staff of the Aldurian Coast Guard;
      
   6. Chief of Staff of the Aldurian Border Guard;
      
   7. Chief of Staff of the Aldurian Support Services.
      
4. The Headquarters of the Joint Chiefs of Staff shall be established under the Department of Defense in order to direct and supervise the operation units of each service of the Armed Forces and to carry out joint or allied operations.
   
5. The Army Headquarters for the Army, the Naval Headquarters for the Navy, the Air Force Headquarters for the Air Force, the Naval Headquarters for the Coast Guard, the Border Control Headquarters for the Border Guard, and the Support Headquarters for the Support Services and shall be established, respectively.
   
6. One Deputy Chief of Staff and necessary branches of staff shall be established at the headquarters of each service of the Armed Forces in addition to its Chief of Staff.
   
7. The Deputy Chief of Staff of each service of the Armed Forces shall assist the Chief of Staff of the pertinent service of the Armed Forces, and if the Chief of Staff of the pertinent service is unable to perform his or her duties due to any unavoidable reason, the Deputy Chief of Staff shall act on his or her behalf.
   
8. The organization of the Headquarters of each service of the Armed Forces, and other necessary matters shall be prescribed by presidential order.
   
9. When necessary for military purposes, joint units and other agencies may be established under the direction and supervision of the Secretary of Defense, as prescribed by Presidential order.
   
10. The Joint Chiefs of Staff of the Aldurian Armed Forces shall be the representative body of the Aldurian Armed Forces.
    
11. The President, on advice and consent of the Prime Minister and the Secretary of Defense, shall appoint the members of the Joint Chiefs of Staff and a Chairman of the Joint Chiefs of Staff.
    
12. The members of the Joint Chiefs of Staff shall serve at the President’s pleasure or until the person resigns.
    
13. The members of the Joint Chiefs of Staff may resign that office by giving notice in writing to the President.
    
14. The President may, in writing, remove a person from office in the Joint Chiefs of Staff if satisfied that:
    
    1. they have without reasonable excuse failed, for a continuous period of three months, to carry out his functions as a member of the Joint Chiefs of Staff;
       
    2. they have without reasonable excuse been absent from three consecutive meetings of the Joint Chiefs of Staff;
       
    3. they have been convicted (whether before or after his appointment) of a criminal offense;
       
    4. they are otherwise unable or unfit to carry out his functions as a member of the Joint Chiefs of Staff.
       
15. The Chairman of the Joint Chiefs of Staff shall assist the Secretary of Defense with regard to military commands, and shall direct and supervise, by order of the Secretary of Defense, the operation units of each service of the Armed Forces, the main duty of which is combatting, and shall direct and supervise the joint units established for the purpose of carrying out joint operations provided that in time of peace, prior approval of the Secretary of Defense on the military matters of importance shall be obtained.
    

SECTION III. Conduct and Discipline of the Aldurian Armed Forces.

1. Members of the Aldurian Armed Forces shall comply with the lawful orders of those superior in rank to them, according to regulations and the Code of Military Discipline.
   
2. Such members shall comply with the lawful orders of those persons who are not members of the Aldurian Armed Forces, whether military or civilian, who may be placed in operational command over them from time to time in conjunction with their duties, according to regulations and the Code of Military Discipline.
   
3. Members of the Aldurian Armed Forces are subject to the jurisdiction of the civilian criminal courts in accordance to the laws and the Constitution of Alduria, and to the jurisdiction for offenses established under a Code of Military Discipline. The jurisdiction over offenses under the Code of Military Discipline will be as determined by the Order creating the Code of Military Discipline.
   
4. In circumstances where both the civil and military authorities have jurisdiction over an offense, the civil authorities will have primary jurisdiction. In all cases, jurisdiction will be exercised, and allocated, as provided for in the Code of Military Discipline Order.
   

SECTION IV. Terms and Conditions of Service.

1. Administrative Instructions with regard to Terms and Conditions of Service, as may be considered necessary to give effect to the terms of this Order, may be issued by the President or by the Secretary of Defense, with the advice and consent of the President.
   
2. The minimum age for enlistment into the Aldurian Armed Forces is 18 years of age.
   
3. Service in the Aldurian Armed Forces will be voluntary and for a set term of enlistment which shall not be extended except in emergencies as officially declared by the President.
   
4. Suitability for service in the Aldurian Armed Forces will be determined on several criteria including, but not limited to:
   
   1. demonstrated physical ability;
      
   2. demonstrated minimum scholastic aptitude;
      
   3. the absence of evidence of human rights violations or war crimes;
      
   4. the absence of association with Extremist Organizations or other groups that use or advocate the use of violence for political purposes whether internal or international;
      
   5. provided, however, no qualified person will be denied the opportunity to serve on the basis of gender, race, ethnic or regional origin, religion, creed, sexual orientation or gender identity, or tribal affiliation.
      
5. Prior military service is not required, but persons with military experience will be eligible to join the Aldurian Armed Forces, subject to meeting the applicable standards.
   

SECTION V. Political Activities.

Members of the Aldurian Armed Forces may not:

1. be members of a political party, organization or association;
   
   1. participate in any activities of a political party, organization or association including the recruiting of members for political parties or organizations;
      
   2. publicly state or suggest any opinion of a political nature, which includes efforts to indoctrinate members of the Aldurian Armed Forces or any other person with a political ideology or otherwise convince any person to adhere to a particular political ideology.
      

SECTION VI. Agency for Defense Development.

1. The Agency for Defense Development (hereinafter referred to as “the Agency” shall be a government-owned corporation.
   
2. The Agency shall be duly formed when it completes the registration of its establishment with the registry office having jurisdiction over the domicile of its principal place of business.
   
3. Matters necessary for the registration of establishment under this section shall be prescribed by presidential order.
   
4. The articles of incorporation of the Agency shall include the following matters:
   
   1. Objectives;
      
   2. Name;
      
   3. Domicile of its principal place of business;
      
   4. Matters concerning business and finance;
      
   5. Matters concerning executive officers;
      
   6. Matters concerning the board of directors;
      
   7. Matters concerning amendments to the articles of incorporation;
      
   8. Matters concerning dissolution.
      
5. When the Agency intends to formulate or amend its articles of incorporation, it shall obtain authorization therefor from the Secretary of Defense.
   
6. Costs and expenses for the establishment, construction, operation, and research of the Agency shall be covered by contributions from the Government and other revenue.
   
7. Matters necessary for the timing and method of contributions from the Government under this Section shall be prescribed by presidential order.
   
8. No one other than the Agency under this Act shall use the name "Agency for Defense Development" or any other similar name.
   
9. The Agency shall perform the following activities under the supervision of the Secretary of Defense in order to achieve its purpose:
   
   1. Technical surveys, research, and development of weapons, equipment, and other military supplies, and the survey and research of systems engineering, ergonomics, and other science and technology;
      
   2. Surveys and research of models and specifications of weapons, equipment, and other military supplies;
      
   3. Analysis and research of various resources, organizations, systems, and operation related to weapon systems necessary for national defense;
      
   4. Preparation and review of designs and manuals for the test production of weapons and equipment and technical testing of test products;
      
   5. Testing of performance of various weapons and equipment;
      
   6. Activities related to technical information regarding weapons, equipment, other military supplies, and strategic resources;
      
   7. Entrustment of, assistance with, or support for research on weapons, equipment, and other military supplies;
      
   8. Activities incidental to those under subparagraphs 1 through 7.
      
10. The Secretary of Defense shall authorize the Agency to carry out operations falling under the scope of the Agency's business activities under this Order among the operations under his or her jurisdiction, and may delegate part of his or her authority to the president of the Agency for vicarious execution, if he or she considers it particularly necessary for carrying out operations.
    
11. The Agency may carry out civil-military collaboration projects and support programs for testing and evaluation of civilian equipment, after obtaining approval from the Secretary of Defense within the extent that such involvement does not hinder the performance of its activities.
    
12. The Agency may carry out national defense and military installations projects as prescribed by the Government. In such cases, the Agency shall be construed as a person who executes national defense and military installations projects in accordance with the laws.
    
13. The business year of the Agency shall correspond to the Government's fiscal year.
    
14. The Agency shall have one president, not more than 15 directors, and one auditor as its executive officers.
    
15. All the executive officers, except the president and the auditor, shall be non-standing.
    
16. The president of the Agency shall be appointed by the President with the recommendation of the Secretary of Defense.
    
17. Directors shall consist of ex officio directors specified by presidential order and persons appointed by the Secretary of Defense (hereinafter referred to as "appointed directors") with the recommendation of the chairperson from among persons from the fields of industry, research and academy.
    
18. The auditor shall be elected by the board of directors, subject to approval from the Secretary of Defense.
    
19. The term of office for the president and the auditor shall be three years, and the term of office for a successor, who fills a vacancy for such position if a vacancy occurs, shall be the remaining term of office of the predecessor.
    
20. The term of office of an appointed director shall be three years.
    
21. The Agency shall put in place systems, testing facilities, and testing places, and it shall have employees necessary for carrying out its activities.
    
22. Matters concerning the establishment of systems, testing facilities, and testing places under this Section and the fixed number, appointment, and dismissal of employees shall be stipulated by articles of incorporation.
    
23. A person who serves or has served as an executive officer or employee of the Agency, a certified public accountant, or a support staff member in the Agency shall not divulge or misappropriate any confidential information he or she learns in the process of performing his or her duties.
    
24. The Agency shall prepare a business plan and budget bill for each business year, as prescribed by presidential order, and shall submit them to the Secretary of Defense and obtain approval therefor not later than ten months before the beginning of the relevant business year. When the Agency intends to amend the business plan or budget already approved, it shall also submit it to the Secretary of Defense for approval.
    
25. Industrial property rights in the Agency's inventions, such as patents, utility model rights, design rights, and trademarks, shall be owned by the Agency.
    
26. The Agency shall directly take over all equipment, machines, instruments, supplies, and money provided by a foreign government to the Government for the construction and operation of the Agency, under the supervision by the Secretary of Defense.
    

SECTION VII. The Defense Sea Areas to Be Protected.

1. With respect to the sea area that requires military defense, the President may, in wartime, national emergency, and when deemed especially necessary for military purposes, designate all or part of the territorial waters as a defensive sea area or alter the designation after undergoing deliberations by the Cabinet.
   
2. The President shall, when a defensive sea area becomes unnecessary for military purposes, cancel the designation of the defensive sea area after undergoing deliberations by the Cabinet.
   
3. Where the President designates, alters, or cancels a defensive sea area under this Section, the Secretary of Defense shall announce it without delay.
   
4. Where the President may not be able to wait until the designation of a defensive sea area on emergency grounds in military operations for irregular operations, surface combat, anti-amphibious operations, etc., the Chairman of the Joint Chiefs of Staff, the Commander of the Naval Operations Command, or fleet commanders may temporarily designate such area and announce it.
   
5. Any person who temporarily designates a defensive sea area shall, without delay, obtain approval from the President via the Secretary of Defense.
   
6. Where the President intends to grant approval pursuant to this Section, he or she shall undergo deliberations by the Cabinet.
   
7. In cases where approval from the President fails to be obtained, the designation of the defensive sea area becomes ineffective therefrom, and the Secretary of Defense shall announce it without delay.
   
8. Any ship that intends to enter and navigate a defensive sea area designated under this Order (hereinafter referred to as "defensive sea area") shall obtain permission from the Commander of the Naval Operations Command or fleet commanders (hereinafter referred to as "jurisdictional controller").
   
9. All ships within a defensive sea area shall observe any order issued, as deemed necessary for military operations by the jurisdictional controller with respect to any of the following matters:
   
   1. Horn, flag hoist, flashing light, lighting, wireless radio and other matters regarding signals and communications of ships;
      
   2. Departing, floating, mooring, changing of course and other matters regarding the navigation of ships.
      
10. The jurisdictional controller may, where deemed necessary for military operations, limit or prohibit any action that falls under each of the following:
    
    1. Excavation of the seashore;
       
    2. Reclamation or dredging of the sea area;
       
    3. Installation or alteration of facilities;
       
    4. Maritime transportation;
       
    5. Fishing and picking of algae;
       
    6. Installation or alteration of buoys, beacons, and other marks;
       
    7. Shooting of various guns or blasting of explosives;
       
    8. Picking of minerals, earth and stones, or earth and sands
       
    9. Finding of drifting materials or sunken materials;
       
    10. Other actions that are feared to seriously obstruct the execution of military operations.
        
11. The jurisdictional controller shall, where he or she intends to limit or prohibit the actions stipulated under this Section, it shall announce such fact. In such cases, the jurisdictional controller shall announce such fact with concrete specifications.
    
12. The jurisdictional controller may order or enforce a person or ship under any of the following cases to leave from a defensive sea area or may order them to take measures necessary for the restoration of the site, such as removal of facilities:
    
    1. Any ship which enters or navigates a defensive sea area without obtaining permission;
       
    2. Any ship which fails to observe an order under the relevant provisions of this Section;
       
    3. A person who conducts the actions limited or prohibited under the relevant provisions of this Section without obtaining proper permissions.
       
13. The jurisdictional controller may, where warships or non-commercial government ships of foreign countries violate this Order, request their corrections or evictions from the defensive sea area.
    

SECTION VIII. Aldurian National Defense University.

1. The Aldurian National Defense University shall be established under the jurisdiction of the Secretary of Defense. It shall promote the education, research, analysis, and development of sciences on national security policies and national defense management, and to train professional human resources to take charge of affairs related to national security.
   
2. The Aldurian National Defense University shall consist of the National Security Graduate School, the National Defense Management Graduate School, and the Department of Job Training.
   
3. The Aldurian National Defense University shall establish, within it, the Faculty Board and other necessary divisions.
   
4. Matters necessary for the organization, missions, operation, etc. of each Graduate School, the Department of Job Training, the Faculty Board, etc. referred to in paragraphs (1) and (2) of this Section shall be prescribed by presidential order.
   
5. The Aldurian National Defense University shall establish basic non-degree courses (hereinafter referred to as "basic courses") and degree courses for a degree (hereinafter referred to as "degree courses") and may also establish special courses, if deemed necessary by the Secretary of Defense.
   
6. The number of years required to graduate from a basic course shall be one year, and the number of years required to graduate from a degree course shall be prescribed by presidential order, while the number of years required for graduation from a special course shall be determined by the Secretary of Defense.
   
7. Matters necessary for the operation of basic courses and degree courses and other relevant matters shall be prescribed by presidential order.
   
8. The Aldurian National Defense University shall have one president and one vice president, and each Graduate School shall be headed by one dean, the Department of Job Training by one director, and the Faculty Board by one dean.
   
9. The Aldurian National Defense University shall have professors, associate professors, assistant professors (hereinafter referred to as "professors, etc."), and other public officials as necessary.
   
10. The Research Institute for National Security Affairs and a library as affiliated institutions shall hereby be established in the Aldurian National Defense University.
    
11. Matters necessary for the organization, missions, operation, etc. of the Research Institute for National Security Affairs and the library shall be prescribed by Presidential order.
    
12. The president of the Aldurian National Defense University may charge tuition fees and other charges to executive officers or employees of institutions or organizations prescribed by Presidential order, who enter the Aldurian National Defense University.
    
13. Matters necessary regarding the tuition fees and other charges shall be prescribed by Ordinance of the Department of Defense.
    

SECTION IX. Aldurian Army Academy at Amapola.

1. The Aldurian Army Academy at Amapola shall be established in the army, to provide education necessary to train military officers.
   
2. The term of course for Aldurian Army Academy at Amapola (hereinafter referred to as the "Academy") shall be two years.
   
3. The curriculum of the Academy shall be classified into the course of military studies and the course of non-military studies, and the details thereof shall be determined by the Secretary of Defense, but the course of non-military studies shall be subject to consultation with the relevant education administrative agencies.
   
4. The Academy shall have public officials (including persons in military service and civilian employees; hereinafter the same shall apply) including professors, other than the superintendent, as prescribed by Presidential order.
   
5. The superintendent shall be appointed by the President on the recommendation of the Secretary of Defense from among general-level military officers who are nominated by the Army Chief of Staff.
   
6. Further provisions for the Aldurian Army Academy shall be made by presidential order. 
   

 

SIGNED,
Alejandro Campos
President of the Republic of Alduria.

[Natalia Cotilla]

Countersigned,

Natalia Cotilla
Prime Minister.