[ltr]Iraq * Press published the text of the private security companies law after approval in parliament[/ltr][ltr][You must be registered and logged in to see this image.]
BAGHDAD - Iraq Press - January 26: the voice of the Iraqi Council of Representatives held sixth Bjselth usual, on Thursday, led by Salim al -Jubouri , and the presence of 216 deputies.Approval of the draft law of private security companies. And publish / Iraq Press / letter of the law after the vote by the Iraqi parliament.
Based on what passed the House of Representatives and approved by the President of the Republic and according to the provisions of subsection (I) of Article (61) and item (iii) of Article (73) of the Constitution
Issued the following law:
No. () for the year 2017
Private Security Companies Act
Syriacs and objectives
I. The provisions of this Act shall apply to the Iraqi private security companies and branches of foreign companies and their employees.
Second it means the security company private is the Iraqi company or branches of foreign company that is doing is providing security protection services to those required of natural and legal persons for a fee.
Article 2 This law aims to regulate the work of private security companies , whether Iraqi or branches of foreign companies in accordance with the rules fit with the nature of the functions of these companies.
Article 3 prohibits the private security company initiated its activities without obtaining a work permit in accordance with the provisions of this law.
Article 4 gives the proposal of the Ministry of Interior and the approval of the National Security Council a work permit for the security of the company at the request of the owners of the relationship in accordance with the provisions of this law.
Article -5- prohibits the granting of the license , but security for the Iraqi company and may at the maximum security imperatives granting the license to branches of foreign security companies with the consent of the Council of Ministers at the suggestion of the Minister of the Interior.
Article 6 - - established in the Ministry of Interior Directorate called (Directorate affairs of private security companies) holds the registration and issuance of the license set forth in this law and the renewal of private security companies and supervise the affairs and run by an officer not below the rank of colonel and his actual service of not less than (15) Five ten years.
Article-7 met a fee of (10000000) ten million Iraqi dinars for granting the license
Article - 8 - must include a request for granting the license as follows:
I. If the Iraqi company:
A copy of the certificate of incorporation and the articles of incorporation and the record of the appointment of the managing director have certified by the registrar of companies.
( B ) the company 's name and be based in Baghdad or the provinces.
( C ) the name of the managing director of the company and the names of the founders and shareholders and their nationalities and permanent addresses.
( D ) details of the actions and programs that the company intending to achieve.
( E ) the number of weapons needed by the company and the types and numbers, ammunition and origin.
( F ) the number of wheels, type and origin and license plate numbers recorded to be registered in the name of the company in the competent departments password.
( G ) a statement wireless devices includes the kinds of serial numbers and Mnaciha and other technical specifications.
( H ) the title deed or lease of the building taken based company certified by the competent departments.
( I ) bank guarantee from the Iraqi bank in the amount of government (250000000) two hundred and fifty million Iraqi dinars.
Second : If the branch of a foreign company:
A certificate of registration of the company 's branch at the registrar of companies in Iraq.
( B ) a copy of the Memorandum of Association and rules of procedure of the parent company or its substitute.
( C ) a copy of the company 's issued in the country that recorded the registration certificate.
( D ) a list of members of the Board of Directors and the nationality of each of them and the names of persons authorized to sign it.
( E ) a copy of the authorization manager charged with the management of the branch in Iraq and the resident actually issued by the Directors with the signed form.
( F ) copy of the latest final accounts of the company with two copies of the report of the Board of Directors or the attached Appendix to these accounts.
( G ) the number of weapons needed by the company and the types and numbers, ammunition and origin.
( H ) the number of wheels, type and origin and license plate numbers recorded to be registered in the name of the company in the competent departments password.
( I ) Statement of wireless devices includes the kinds of serial numbers and Mnaciha and other technical specifications to be customized to connect only come under scrutiny by the Ministry of Interior.
( J ) bank guarantee from the Iraqi bank in the amount of government (1000000000) billion Iraqi dinars.
III documentation set forth in paragraphs (b) and (c) and (d) and (e) and (f) of clause (ii) of this article certified in the company.
Article 9 - -
I. support the competent authorities in the Interior Ministry that there was no objection to granting a security company requires a work permit and operating staff and the support of the Iraqi National Intelligence Service so for branches of foreign companies.
Second is a rejection of the support provided for in item (i) of this article not to answer during the ninety (90) days from the date of registration of the application.
Article - 10 - in the case of a lack of documents and data on student license completed within a period not exceeding (60) days from the date Etbilgh liberation shortcomings, otherwise the application is null and void.
Product - 11 - National Security Council to refuse to grant the license to the company in the absence of a requirement set forth in this law and the company will be notified in writing to do so.
The renewal of the license
Product - 12 - for the license to be two years starting from the date of issuance of the license.
13. Product - license may be renewed according to the following:
I. His company provides to the Minister an application to renew the license before (60) days from the date of expiry of the license.
Second Minister decide on the request set forth in item (i) of this Article within (60) days from the date of registration in the record contained.
III is not bit the Minister within the period stipulated in item (ii) of this Article , a rejection of the request.
IV met a fee of (5000000) five million Iraqi dinars for the renewal of the license
the fourth chapter
The appointment of employees of the company
Article - 14 - factor in the Iraqi company appointed with the consent of the ministry and in accordance with the following conditions:
First : Do not be under the age of (18) eighteen years and not more than (55) Fifty - five years.
Second to be fluent in reading and writing in the least.
Third , the health and fitness satisfy the conditions for the support of a competent medical authority.
IV pass your test using weapons.
V. knowledge of the principles of human rights.
VI upright morals and good reputation and behavior.
VII is a sentence for a felony or misdemeanor involving moral turpitude and non - political.
VIII presenting sponsor guarantor of the Ministry of $ (3000000) three million Iraqi dinars.
Article - 15 - factor in the foreign company branch shall be appointed in accordance with the following:
I. Approval of the Ministry of Interior after standing on the opinion of the Ministry of Defense (Military Intelligence Directorate and the Directorate General of Intelligence and Security) national security device and the Iraqi National Intelligence Service .
Second presenting sponsor guarantor of the Ministry of $ (3000000) three million Iraqi dinars , or deposit that amount in the ministry fund.
III vowed to bring a branch of the company 's worker competent authorities upon request and his responsibility in solidarity for the acts committed by the Republic of Iraq.
IV employees of private security companies in foreign legal and judicial Iraqi jurisdiction in the case of committing any crimes or offenses inside Iraqi territory subject.
V. Requirement for all branches of foreign security companies operating in Iraq , set the gain (25%) of Iraqis to work in those branches, who all mapping conditions laid down in them are available in this law.
Product - 16 - on the company and its subsidiaries keeping the following records:
I. History of workers and attesting to the employees of the company, addresses, nationalities, ages, occupations and previous names.
Second record correspondence.
III scored weapons Madonna when the number, types and specifications of weapons and the amount of their own gear.
IV record the daily movement of the arms.
V. scored wireless devices and includes the types and serial numbers and Mnaciha and other technical specifications.
VI scored wheels used.
Article - 17 -
I. incredible records provided for in Article 16 of this Law of the notary public and stamped their pages private seal of the company.
Second proving all the papers and documents that the company 's full name her Kmaho installed in vacationed.
III predicted all correspondence from the company 's managing director of her or his nominee and stamped its seal.
Rules of Procedure
18. Product - Iraqi security company issued rules of procedure during the ninety (90) days from the date of granting the license.
Product - 19 should be the rules of procedure of the company include the following:
First : the company name and its goals, programs and activities.
Second : the center of the company 's management.
III organizational structure of the company 's own financial resources.
IV number of employees of the company in proportion to the contracts entered into.
V. foundations adopted by the company to compensate employees for the damage caused to them.
The company 's obligations
Product - 20 - the company is committed to the following:
I. not to use its own wheels to non - intended purposes or Mbetha outside its premises.
Second : the appointment of a person responsible for organizing and controlling cars belonging to her movement and installation of exit and return dates and the agency responsible under the stuck records for this purpose.
III Ministry News for any offense committed in the course of the company 's work or because of, or suspected to have occurred.
IV reported to the ministry for every change to any of the data, documents or information on which the license was granted during the seven (7) days from the date of receiving.
V. carrying weapons are hidden and may not be reveled only in accordance with item (vii) of this Article.
VI commitment Bazzi company and carry their emblem.
VII of the inadmissibility of the use of force against non - user - friendly , but the right of self - defense enshrined in the Penal Code No. (111) for the year 1969.
VIII organize a training program for employees of the company on the use of weapons and the principles and methods of protection and legal awareness and the principles of human rights , the technical aspects and in coordination with the ministry.
IX not use communication devices for non - activity of the company.
X. submit a written pledge to abide by Iraqi laws.
Article -21- Company shall provide security protection for people based on the contract concluded between the parties and certified by the Ministry of Interior.
Article -22- company to the ministry the following documents and documents provided for the purpose of auditing:
First : a monthly statement the company 's accounts, that includes the resources or the financial resources to them.
Second documents relating to the importation of weapons from outside Iraq and its figures.
III kinds and numbers of weapons that are used when the employees perform their duties.
IV documents relating to the support of the establishment of the company 's employees to return the weapon used during the duty to peg the company after the performance of duty.
V. contracts entered into by the company with asylum protection to the Interior Ministry for the purposes of certification.
VI monthly user 's position includes weapons and gear.
-23- Article prohibits the company as follows:
First : do any activity that threatens state security and territorial integrity, sovereignty, independence and national unity.
Second : the formation of a military or semi - military organizations.
III do any action that would assault on the rights and freedoms of citizens.
IV any action that would interfere in the internal affairs of any other country.
V. possession of firearms storage of unlicensed weapons and war materials potentially explosive or Mufrqah.
VI or possession of firearms , which increases the caliber (7.62) mm handguns except for that caliber of not more than 9 mm.
VII exercise is activity specified in the license.
Control and inspection
First : the company 's control and inspection of the subject identified by the ministry to check the company perform its activities in accordance with the provisions of the law.
Second : The company shall provide the necessary facilities for the destination specified in clause (i) of this article and provide them with the necessary records and documents, documents and conducting on- site detection on the special weapons and gear company stores and all that they can do their job.
Article -25- Whoever the profession of security protection without vacation imprisonment and a fine not less than (100 million) a hundred million Iraqi dinars , unless the law provides for a more severe penalty.
Article -26- The Minister may withdraw or suspend the work permit granted to the company in one of the two following cases:
First : do not direct the company to stop its activities or released after the passage of ninety (90) days to give her leave without a legitimate excuse.
Second : not to renew the license the company during the period specified in paragraph (First) of Article (13) of this law.
Article -27- The Minister may withdraw or suspend the work permit granted to the Company and restricts financial sponsorship revenue of the state treasury in one of two cases:
First : the company 's loss of a condition of the conditions for granting work permit stipulated in this law.
Second violation of the provisions of a material (14) and (15) and (16) and (17) and (18) and (20) and (21) and (22) (23) and item (ii) of Article (24) of this is the law.
Article -28- The Minister may decide the company to resume its activity in the case of doing to address the situation that caused the suspension vacationed.
Article -29- to the minister to withdraw the license granted to the Company and under the sponsorship revenue of cash to the state treasury if it went a period of ninety (90) days for comment vacationed without you manipulate the situation called for it.
Article 30. In the case of the withdrawal of the company 's vacation , it is committed to the following:
I. re tenure weapons stipulated in Article documents (32) of the Act and identities set forth in item (i) of Article (34) of the Act
Second -o- sale of wheels, arms and ammunition and wireless devices in their possession to the company or other security companies licensed in accordance with the provisions of this law after obtaining the approval of the Ministry of Interior on sale and within a period not to exceed the (60) days from the date of the withdrawal of the company 's leave and otherwise be confiscated Mamansos it in the item by the Interior Ministry.
Article -31- if the decision to withdraw leave the Iraqi company or foreign company branch issued and acquired a degree of bits is up to liquidate the company and according to the law.
General and Final Provisions
Article -32- ministry Company granted special leave ownership and possession of a firearm based on the license granted to them on the basis of actual need, according to the law.
Article -33- set badges employees of the company and the markings on the Jlathm colors and instructions issued by the Minister costumes.
First : The Ministry shall provide the workers in the company of their own identities in accordance with the form prepared for that purpose.
Second fulfilled fee of $ (100,000) one hundred thousand Iraqi dinars for the issuance of identity.
Article -35- on the company licensed under a memorandum of the Coalition Provisional Authority (dissolved) No. (17) for the year 2004 to adjust their positions according to the provisions of this law within a period not exceeding (60) days from the date of entry into force and otherwise be pulled work granted leave for the company.
Article -36- may appeal against the decision Wazziralsadr based on the provisions of Article (11) and item (iii) of Article 13 and Article 26 and Article 27 and Article 29 of this Law , the Administrative Court and in accordance with law.
Article -37- provisions of the Companies Act No. applied (21) for the year 1997 and the system of branches of foreign companies and institutions No. (5) for the year 1989 in all matters not provided by the provisions in this law.
38. Product - establish valid foreign law No. (118) for the year 1978 on foreigners working in security companies.
Product - 39 does not apply is the Coalition Provisional Authority (dissolved) No. (17) for the year 2003 ( the development of the coalition and the missions of foreign link, employees and contractors working with them) and section (2) related to the judicial authorities of the memorandum of the Coalition Provisional Authority (dissolved) No. (3) for the year 2003 (criminal procedure) at their own and their employees security companies.
Article -40 canceled a memorandum of the Coalition Provisional Authority (dissolved) No. (17) for the year 2004 ( the registration requirements of security for private companies).
Article -41- Minister shall issue instructions to facilitate the implementation of the provisions of the law.
-42- Article of this law shall be the date of its publication in the Official Gazette.
For the purpose of regulating the work of private security companies and their role in providing security protection services to individuals, companies , and due to the direct security companies its business under a memorandum of the Coalition Provisional Authority (dissolved) No. (17) for the year 2004 and the absence of this memo from the legal provisions and clear texts that define the procedures and conditions to be met in the company to give them a vacation work, as well as the lack of penal provisions and the absence of deterrent punitive verdicts in the case of breach of the company 's obligations to remedy these shortcomings. Initiated this law. Ended .oh
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