2013-10-15

Iraq passes economic reform laws!!!!!!!!!

Economic reform bill the federal

- Published in 10/13/2013

Behalf of the people

Presidency of the Republic

Based on what passed the House of Representatives and approved by the President of the Republic and based on the provisions of item ( i ) of Article (61 ) and item (iii) of Article ( 73 ) of the Constitution

Issued the following law :

No. ( ) for the year 2013

Law

Federal Economic Reform

Chapter I

Definitions , objectives and Syriacs

Article 1, the following terms shall for the purposes of this Act shall have the meanings set out towards them :

First economic reform : restructuring of the Iraqi economy according to the principles of the modern economy and the requirements of the transition to a market economy , and to ensure the expansion of the production base through the adoption of market mechanisms and liberalization of foreign and domestic trade and ensure fair competition 0

Second, the public sector unit : All the formation of state - owned provide services that support the economic activities according to the law 0

Third, the economic unit : Every form practiced activities economical , Kaltsnaa and services, trade and be owned by either the private sector or public or mixed 0

Fourth, the private sector : the civil sector of the economy in which it owns less than public sector (25%) twenty-five per cent of the capital, and ownership of the rest of the capital back to the natural or legal person , whether Iraqi or foreign private 0

V. public sector : economic units represented public companies and public sector units 0

VI mixed sector : economic units which owns the public sector (25 % ) twenty-five percent or more of the capital 0

Seventh Ministry: Ministry or entity not related to the Ministry that are connected by public company or a public sector unit 0

VIII governance : a legal system through which the organization of economic units in accordance with the commercial basis and managed and monitored at the highest level to achieve its objectives and the interests of its members in accordance with standards of accountability and transparency and integrity 0

Ninth social partners : individuals , professional associations , according to Iraqi laws Foundation and the International Labour Organization ( ILO ) conventions 0

X. partnership: an agreement regulating the contractual relationship between the public sector units and the private sector 0

Article 2 of this law aims to achieve the following:

First, the restructuring of the Iraqi economy to increase productivity and ensure competition 0

Second, diversification of economic resources and improve efficiency in the management of natural resources and in accordance with the principles of a free market economy and fair competition and legitimate 0

Third diversify the sources of funding for the federal budget and corporate earnings 0

Fourth facilitate entering into partnerships between the public and private sector and to ensure fair competition between 0

V. transition from centralized management of the economy to decentralized management through the granting of a greater role for the regions and governorates that are not organized in a region in economic planning and investment in the public sector and the partnership between the public and private sectors and stimulating fiscal decentralization to ensure the ability to finance the needs of the local economic development 0

VI ensure a comprehensive economic development and raising the standard of living of the members of the community and increase employment 0

Seventh create an investment climate to encourage local and foreign investors through the broad participation of private sectors in the management and ownership of economic units 0

Eighth development and expansion of capital markets activities and support the broad participation of the public in dealing stocks and bonds and securities of different 0

IX achieve justice in the distribution of economic activity returns 0

Article 3, the provisions of this law shall apply to the public sector , private and mixed 0

Chapter II

And the means of economic reform

Article 4, to attain the objectives of this law by the following means :

First, the proposal includes economic policy to encourage private sector development within a free market environment and ensure fair treatment for the realization regarding the provision of public services , taxes and labor 0

Second, work on administrative decentralization in all stages of the reform process and to ensure harmony between economic and fiscal policies , monetary and fiscal and trade and labor policies and developmental 0

Third, the implementation of the program of economic reform and the principles and rules set forth in this law and to ensure harmony between the strategic goals and objectives of the federal budget 0

Fourth, the adoption of good governance in the management of public companies in accordance with international principles and practices , and the separation of ownership and management and enhance the efficiency of the administration and competition between public companies through restructuring and strengthening the partnership with the private sector 0

V. regulate relations between the ownership and management of natural resources and management of the assets of the public sector and promote private sector participation 0

VI facilitate the privatization of public companies 0

Seventh work to achieve transparency and equality of treatment between stakeholders from the private sector 0

Eighth encourage dialogue between the public sector and social partners 0

IX provision of social safety nets and fairness and social insurance funds such as pension funds and insurance against unemployment and labor market regulation and instructions governing the labor market 0

X. facilitate the creation and development of small and medium - sized enterprises , and stimulate the provision of soft loans through the creation of lending funds or funding through a partnership between the public and private sectors 0

XI create a favorable legal environment for partnership between companies and private and public institutions , including the rights and privileges sharing contracts and project management and strengthening the role of the private sector to ensure equal and fair competition in the market 0

XII work to remove the legal obstacles that negatively affect the development of the private sector 0

XIII encourage investment in the agriculture sector and provide basic inputs and adequate reform legislation and land-related procedures and methods of use 0

XIV reform and restructuring of the banking system and expand the business operations bank to provide the required funding for investment, and provide effective mechanisms to reduce risk and increase credit and working to transform the state banks into joint stock companies , and to ensure the expansion of the banking sector under the supervision of the Central Bank, and the introduction of modern mechanisms and banking technology to facilitate access to finance and better services 0

XV organization and development of the financial markets through the assessment of capital, according to the International Accounting Standards 0

XVI stimulate the introduction of modern technology and eco-friendly 0

XVII adoption of the principles of urban development and planning to ensure the availability of land and public utilities and other and regulate the use of land to stimulate various sectors 0

Eighteenth take the necessary measures and progressive to regulate the restrictions that govern fiscal and monetary policies 0

Nineteenth identify areas of sustainable development in geographic locations that suffer from lack of capacity and economic development imbalance , and the granting of these areas of economic incentives to attract investors and encourage local companies and the establishment of projects 0

Twenty work on reforming the tax system and financial 0

Chapter III

Federal Economic Reform

Article 5 , first established under the provisions of this law, the so-called Council ( Federal Economic Reform ) is associated with the Council of Ministers , and enjoys legal personality and is represented by the President of the Council or his nominee 0

Second, the Council is headed the rank of minister holds a graduate degree in economics , management or law and has experience of not less than (15) fifteen years, appointed in accordance with the law.

Third, the Chairman of the Board Vice is particularly to be a holder of a graduate degree and has experience of not less than (15) fifteen years in his field and appointed according to law.

Article 6 The Council the following tasks:

First proposed public policies , programs and plans in accordance with the criteria of economic reform and make recommendations and proposals in that 0

Second propose policies to restructure state-owned enterprises and ensure the application of the principle of good governance in various sectors of the national economy 0

Third, follow up the implementation of policies and programs for economic reform operations in coordination with the concerned ministries 0

Fourth coordinate the process of transformation of the economy towards a market economy and reduce costs that may result from the restructuring reforms 0

V. propose draft laws to ensure the rights of workers and freedom of association in non - governmental organizations , including unions and professional organizations 0

VI contribute to the creation and promotion of the institutional and regulatory environment to expand the role of public administration in stimulating economic output through the formation of working groups to implement economic reform 0

Seventh assessment studies and recommendations prepared by the advisory committees for the purpose of economic reform in the public sector and private 0

Eighth secure the necessary advisory support and assistance to economic reform programs and the implementation of the restructuring of public companies or partnership projects between the public and private sector to economic reform decided by the Board , including the contract with consulting firms and local or foreign experts for advice and assistance 0

IX cooperation and coordination with other ministries and bodies and stakeholders to achieve economic reform process 0

X. policy development and studies for the establishment of a financial system and a federal tax 0

XI reporting and implementation of other tasks and duties assigned by the Council of Ministers 0

Article 7 First Council is composed of the following configurations :

A circle of economic reform and legislative 0

B Department of Studies and Strategic Planning and International Relations 0

C Department regulate the exploitation of the earth 0

D Department of Legal and Administrative Affairs 0

E Department of development of small and medium enterprises 0

And the Department of Control and Internal Audit 0

Secondly, a head of each department of the circuit set forth in item ( i. " ) of this Article, an employee entitled General Manager holds a university degree in the least , and preliminary experienced and competent and has actual service of not less than (15) fifteen years.

B Department manages internal control and audit employee entitled manager holds a university degree in the least , and preliminary experienced and competent .

Third, determine the internal system of the Council of Economic Reform formations tasks set forth in item (First) of this Article , divisions and functions 0

Article 8 First Council should have a Board of Directors consists of:

A head of the Council for Economic Reform president

Vice Chairman of the Board of Economic Reform deputy

C DGs members

4 (d ) four members representing the private sector , professional associations , chambers of commerce 0

Secondly, members are chosen referred to in paragraph (d ) of item (First) of this Article in accordance with the following :

A. The professional associations and chambers of commerce and through ( 60) sixty days from the date of entry into force of this law, the nomination of (8) eight people, the owners of expertise and efficiency and competence of the membership of the Board of Directors and are selected by election year and define the rules of election and the voting rights of unions professional and chambers of commerce qualifying and the private sector instructions saved Council Minister 0

B proposed to the Board of Directors ( 4) four people from among the candidates to be (2) two of them represent the Iraqi trade unions and (2) two representing the private sector and chambers of commerce

C of the Council of Ministers to approve the appointment of candidates referred to in paragraph ( b) of item (First) of this Article shall determine the remuneration that gives them 0

D be members of the other four members of a reserve 0

E The term of office of the members referred to in paragraph (d ) of item (I ) of this Article shall be four years , renewable once , and have the same renewal mechanism used for choosing 0

Thirdly solve the Vice President of the Council replace the Chairman in his absence and carry out his functions and duties in accordance with law 0

Fourth, the Board of Directors obtaining the approval of the Council of Ministers to change any of the members of the council if the public interest so requires , or the back of any reason for the loss of membership in the Council 0

Article 9 First Board of Directors meets once at least every month at the invitation of the Chairman of the Board or the Vice- 0

Secondly, held meetings of the Council in the presence of two - thirds of the members to be including the president or vice president and take decisions and recommendations with the consent of a majority of the number of board members and when a tie side , who voted with President 0

Third Cilaladarh the invite a representative of the ministry concerned when discussing matters related to his ministry , and has hosted any of the state officials , experts and local and foreign consultants to domesticate their views 0

Fourth Council to hold public hearings in order to increase public awareness on the issues of economic and financial reform and social 0

Article 10 , first The Board of Directors of the following tasks :

A a Cilaslah strategy in the short term , medium and long term for the achievement of its goals 0

B practical implementation of the plans and raise periodic reports to the Council of Ministers 0

Second, implement the decisions of the Board of Directors of the date of issuance with the exception of decisions that require the approval of the Council of Ministers 0

Third, raise the decisions of the Board of Directors that require ratification by the Council of Ministers during the ten (10) days from the date of issuance 0

Fourthly subject decisions Cilaslah in the following matters to the approval of the Council of Ministers:

A strategy of economic reform 0

B units of annual programs and public sector companies which are subject to restructuring and any matters relating to its projected budget 0

C choose and select units and public sector companies subject to repair 0

D alleviation programs of economic and social effects of negative repair 0

E change in ownership of units and public sector companies and investment strategies 0

V. Board of Directors that empowers some of his duties to his boss , with the exception of the functions of decision-making in matters set forth in item (iv ) of this article 0

Article -11 - First - establish the regions and governorates that are not organized in a region of the Council shall implement economic reform plans , programs and policies of economic reform decided by the Federal Council of Economic Reform .

Secondly - define the functions and structure of the Council 's instructions .

Article 12 - First introduces each of the ministries concerned department for economic reform implemented economic reform tasks related to each sector continued to the ministry concerned managed by the employee entitled manager holds a university degree at least in the initial and experienced and competent 0

Second section shall implement plans , programs and policies of economic reform decided by the Federal Council of Economic Reform , and determine its structure and functions instructions 0

Chapter IV

Financial provisions

Article 13 The financial resources of the Council of Economic Reform of the following:

First Mi_khass him in the federal budget 0

Secondly returns partnership with international organizations , aid and grants related to economic reform and in accordance with the law 0

Article 14 of the Council 's accounts are to economic reform and audit control BSA .

Chapter V

General and Final Provisions

Article 15 of the Council and in coordination with other ministries and departments not associated with the Ministry of preparation of draft laws , regulations and instructions in accordance with the economic reform program adopted by the Council of Ministers and in conformity with the provisions of this law .

Article -16 - First - does not work any provision inconsistent with the provisions of this law.

Secondly - the remaining regulations and instructions window as they do not conflict with this law until repealed and amended by the Council of Ministers on the proposal of the Federal Council of Economic Reform .

Article 17 of the Council of Ministers issued regulations and instructions to facilitate the implementation of the provisions of this law 0

Article 18 of this law shall be from the date of its publication in the Official Gazette 0

Reasons

Consistent with the provisions of the Constitution , and for the purpose of transforming the Iraqi economy to a market economy and to give the private sector a key role in the development of the economy, and to raise the efficiency of economic projects and increase production and competitiveness 0

Initiated this law

http://iraqieconomists.net/ar/2013/1...A%D8%AD%D8%A7/

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