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This is not a new article, but I believe it contains important information. The document is long and I am only copying and pasting the parts that interested me. It will be worthwhile for anyone to read it in its entirety imo. This was also written before Chapter VII was lifted
2013 Investment Climate Statement - Iraq
BUREAU OF ECONOMIC AND BUSINESS AFFAIRS
February 2013
....................
Potential investors remain concerned about security, but are now more likely to cite regulatory hindrances, difficulties working out financing arrangements, and other practical barriers to doing business ranging from corruption to bureaucratic red tape to electric power shortages. Sectarian violence and acts of terrorism continued in 2012, but in lower numbers than during the 2009-2010 period. In 2011, foreign firms and investors reported over $55 billion in investments, service contracts, and other commercial activities across Iraq, according to private consultants. This activity amounted to an increase of 80.4 percent over 2010, while total deal value increased by 40.3 percent. The International Trade Centre (ITC) – a joint venture of the United Nations and the World Trade Organization ([You must be registered and logged in to see this link.]) – estimated that Iraq attracted over $1.6 billion of foreign direct investment (FDI) inflows in 2011 (the most recent statistics available), representing an increase of approximately 52 percent since 2007.
.........................
Despite positive developments throughout Iraq, the overall investment climate remained challenging, especially for small- and medium-sized firms and investors. Potential investors should prepare to face significant costs to ensure security, cumbersome and confusing procedures for business visas and new business registration, long payment delays on some GOI contracts, and dispute resolution mechanisms that are neither reliable nor transparent. Delays at customs are another common complaint of businesses. Though the Iraqi population is expected to reach 40 million in the next 15 years, skilled human resource capacity remains limited due to emigration of many former educated Iraqis and low rates of higher education. Allegations of corruption are still widespread, and the legacy of central planning and inefficient state owned enterprises continues to inhibit economic development. In Doing Business 2013: Making A Difference for Entrepreneurs, the World Bank ranked Iraq 165 out of 185 countries in its overall “ease of doing business” category. Transparency International ranked Iraq 169 out of 176 in its 2012 Corruption Perception Index (representing little change from its score of 175 out of 182 the previous year). The Heritage Foundation did not rank Iraq in its 2013 Economic Freedom Index.
Efforts to address many of these impediments to doing business will be undertaken by the United States government and the GOI through the bilateral dialogue mechanism provided under the U.S.-Iraq Strategic Framework Agreement, which established Joint Coordination Committees (JCCs) in a number of areas of mutual interest. The economic-related JCCs are 1) Energy; 2) Services, Technology, Environment and Transportation; and 3) Trade and Finance. The Energy JCC met in 2012, and the Services, Technology, Environment and Transportation JCC met for the first time in November 2012. In addition, the USG continues to assist the GOI through many capacity-building programs intended to strengthen private sector development and create an enabling environment for investment.
...................................................
In sum, investors looking to enter Iraq face the potential of much to gain but they should also be cognizant of the constraints on business activity and other barriers to investment that currently exist and will persist in the short- to medium-term as Iraq transitions to a market economy with a more diverse and broad private sector base.
................................
Currency Conversion and Transfer Policies
The currency of Iraq is the Dinar (IQD - sometimes referred to as the New Iraqi Dinar). Iraqi authorities confirm that in practice there are no restrictions on current and capital transactions involving currency exchange as long as underlying transactions are supported by valid documentation. The International Monetary Fund’s annual publication on Exchange Arrangements and Restrictions states that “restrictions on capital transactions are not enforced; however, documentation and reporting requirements apply.” The National Investment Law contains provisions that, once implemented, would allow investors to maintain Iraqi bank accounts and transfer capital inside or outside of Iraq.
The Government of Iraq’s monetary policy since 2003 has focused on maintaining price stability primarily by appreciating the IQD against the U.S. dollar while seeking to maintain exchange rate predictability. Banks may engage in spot transactions in any currency, but are not allowed to engage in forward transactions in Iraqi Dinar for speculative purposes. There are no taxes or subsidies on purchases or sales of foreign exchange. Improved security has allowed for an increased supply of goods and services which, along with the Central Bank of Iraq’s monetary and exchange rate policies, have continued to help temper inflation. The CBI has brought inflation down from a peak of more than 70 percent in 2006 to below 10 percent since early 2008, primarily through appreciating the currency. The CBI has held the official exchange rate at close to 1,170 IQD/1.00 USD since 2009.
..............................
Protection of Intellectual Property Rights
Iraq currently does not have adequate statutory protection for intellectual property rights (IPR). The GOI is in the process of developing a new IPR law to comply with the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). The draft law covers patents, trademarks, and copyrights. It is hoped that strong implementing regulations will help consolidate IPR protection functions, which are currently spread across several ministries, into a “one-stop” IPR office. (The Central Organization on Standards and Quality Control (COSQC), an agency within the Ministry of Planning, handles patent registry and the industrial design registry; the Ministry of Culture handles copyrights; and the Ministry of Industry and Minerals houses the office that registers trademarks.) Although the new draft would offer adequate statutory IPR protections, it has been stalled in the constitutional review process since mid-2007. The GOI’s ability to enforce IPR protections remains weak.
..........................................................
Efficient Capital Markets and Portfolio Investment
The Central Bank of Iraq (CBI) is responsible for conducting monetary policy in Iraq. The CBI was reorganized by Coalition Provisional Authority (CPA) Order No. 56 as a legal public entity possessing financial and administrative independence. The Iraqi banking system includes seven state-owned banks, with the three largest (Rafidain Bank, Rasheed Bank, and Trade Bank of Iraq) accounting for about 96 percent of banking sector assets. There are also 34 privately owned banks licensed by the CBI (see CBI’s website [You must be registered and logged in to see this link.] Eleven foreign banks either have licensed branches in Iraq or have strategic investments in Iraqi banks. The removal of CBI Governor Shabibi and arrest of CBI employees for alleged corruption in October 2012 raised concerns in the international community about CBI independence.
Corruption
While large-scale investment opportunities exist in Iraq, particularly for sophisticated investors, corruption remains a significant impediment to conducting business, and investors can expect to contend with it in many forms. While the GOI has moved toward greater effectiveness in reducing opportunities for procurement corruption in sectors such as electricity, oil, and gas, credible reports of corruption in government procurement are widespread, with examples ranging from bribery and kickbacks to awards involving companies connected to political leaders. Investors may come under pressure to take on well-connected local partners to avoid systemic bureaucratic hurdles to doing business. Similarly, there are widespread reports of corruption involving government payrolls, ranging from “ghost” employees and salary skimming to nepotism and patronage in personnel decisions. Moving goods into and out of the country continues to be difficult and bribery of port officials is reportedly common (Iraq ranks 179th out of 185 countries in “trading across borders” in the World Bank’s 2013 Doing Business report). Iraq ranked eight places from the bottom in Transparency International’s 2012 Corruption Perceptions Index, improving four spots since 2011. Iraq also ranked in the eighth percentile of the World Bank’s 2012 Control of Corruption Index. Notably, Iraq came in last place among Middle East countries on both indices. In view of the conflict and sanctions Iraq has endured over recent decades, the resulting breakdown in institutional effectiveness that would curb high levels of corruption is not surprising. The USG is implementing several programs to address corruption at the institutional level, with some positive impact.
..................................................................
In addition, Iraq has bilateral free trade (FTA) agreements with the following 11 countries: Algeria, Egypt, Jordan, Lebanon, Oman, Qatar, Sudan, Syria, Tunisia, Yemen, and the United Arab Emirates. Iraq is also a signatory to several multilateral agreements, including the "Taysir" agreement with Arab countries.
On July 11, 2005, Iraq and the United States signed a Trade and Investment Framework Agreement (TIFA) as a first step toward increasing trade and investment cooperation between the two countries. The Government of Iraq ratified the agreement in December 2012.
...................................................
According to the National Investment Commission, over 950 firms have filed for investment licenses in Iraq, at both the national and provincial level, with a total value of approximately $50.5 billion. All but 27 were issued by PICs, and 145 of them were issued to foreign companies, though in some cases there are Iraqi investors or capital along with the foreign partner. However, the granting of a license by the NIC or a PIC does not guarantee that the proposed investment will be implemented. In many cases, it takes months or years for projects to materialize, if they do at all. In addition, press announcements of investment projects are relatively meaningless as they almost invariably report the intended or proposed investment amount for a given project. Both these figures are unreliable in estimating actual monies brought into Iraq and put to work.
[You must be registered and logged in to see this link.]
2013 Investment Climate Statement - Iraq
BUREAU OF ECONOMIC AND BUSINESS AFFAIRS
February 2013
....................
Potential investors remain concerned about security, but are now more likely to cite regulatory hindrances, difficulties working out financing arrangements, and other practical barriers to doing business ranging from corruption to bureaucratic red tape to electric power shortages. Sectarian violence and acts of terrorism continued in 2012, but in lower numbers than during the 2009-2010 period. In 2011, foreign firms and investors reported over $55 billion in investments, service contracts, and other commercial activities across Iraq, according to private consultants. This activity amounted to an increase of 80.4 percent over 2010, while total deal value increased by 40.3 percent. The International Trade Centre (ITC) – a joint venture of the United Nations and the World Trade Organization ([You must be registered and logged in to see this link.]) – estimated that Iraq attracted over $1.6 billion of foreign direct investment (FDI) inflows in 2011 (the most recent statistics available), representing an increase of approximately 52 percent since 2007.
.........................
Despite positive developments throughout Iraq, the overall investment climate remained challenging, especially for small- and medium-sized firms and investors. Potential investors should prepare to face significant costs to ensure security, cumbersome and confusing procedures for business visas and new business registration, long payment delays on some GOI contracts, and dispute resolution mechanisms that are neither reliable nor transparent. Delays at customs are another common complaint of businesses. Though the Iraqi population is expected to reach 40 million in the next 15 years, skilled human resource capacity remains limited due to emigration of many former educated Iraqis and low rates of higher education. Allegations of corruption are still widespread, and the legacy of central planning and inefficient state owned enterprises continues to inhibit economic development. In Doing Business 2013: Making A Difference for Entrepreneurs, the World Bank ranked Iraq 165 out of 185 countries in its overall “ease of doing business” category. Transparency International ranked Iraq 169 out of 176 in its 2012 Corruption Perception Index (representing little change from its score of 175 out of 182 the previous year). The Heritage Foundation did not rank Iraq in its 2013 Economic Freedom Index.
Efforts to address many of these impediments to doing business will be undertaken by the United States government and the GOI through the bilateral dialogue mechanism provided under the U.S.-Iraq Strategic Framework Agreement, which established Joint Coordination Committees (JCCs) in a number of areas of mutual interest. The economic-related JCCs are 1) Energy; 2) Services, Technology, Environment and Transportation; and 3) Trade and Finance. The Energy JCC met in 2012, and the Services, Technology, Environment and Transportation JCC met for the first time in November 2012. In addition, the USG continues to assist the GOI through many capacity-building programs intended to strengthen private sector development and create an enabling environment for investment.
...................................................
In sum, investors looking to enter Iraq face the potential of much to gain but they should also be cognizant of the constraints on business activity and other barriers to investment that currently exist and will persist in the short- to medium-term as Iraq transitions to a market economy with a more diverse and broad private sector base.
................................
Currency Conversion and Transfer Policies
The currency of Iraq is the Dinar (IQD - sometimes referred to as the New Iraqi Dinar). Iraqi authorities confirm that in practice there are no restrictions on current and capital transactions involving currency exchange as long as underlying transactions are supported by valid documentation. The International Monetary Fund’s annual publication on Exchange Arrangements and Restrictions states that “restrictions on capital transactions are not enforced; however, documentation and reporting requirements apply.” The National Investment Law contains provisions that, once implemented, would allow investors to maintain Iraqi bank accounts and transfer capital inside or outside of Iraq.
The Government of Iraq’s monetary policy since 2003 has focused on maintaining price stability primarily by appreciating the IQD against the U.S. dollar while seeking to maintain exchange rate predictability. Banks may engage in spot transactions in any currency, but are not allowed to engage in forward transactions in Iraqi Dinar for speculative purposes. There are no taxes or subsidies on purchases or sales of foreign exchange. Improved security has allowed for an increased supply of goods and services which, along with the Central Bank of Iraq’s monetary and exchange rate policies, have continued to help temper inflation. The CBI has brought inflation down from a peak of more than 70 percent in 2006 to below 10 percent since early 2008, primarily through appreciating the currency. The CBI has held the official exchange rate at close to 1,170 IQD/1.00 USD since 2009.
..............................
Protection of Intellectual Property Rights
Iraq currently does not have adequate statutory protection for intellectual property rights (IPR). The GOI is in the process of developing a new IPR law to comply with the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). The draft law covers patents, trademarks, and copyrights. It is hoped that strong implementing regulations will help consolidate IPR protection functions, which are currently spread across several ministries, into a “one-stop” IPR office. (The Central Organization on Standards and Quality Control (COSQC), an agency within the Ministry of Planning, handles patent registry and the industrial design registry; the Ministry of Culture handles copyrights; and the Ministry of Industry and Minerals houses the office that registers trademarks.) Although the new draft would offer adequate statutory IPR protections, it has been stalled in the constitutional review process since mid-2007. The GOI’s ability to enforce IPR protections remains weak.
..........................................................
Efficient Capital Markets and Portfolio Investment
The Central Bank of Iraq (CBI) is responsible for conducting monetary policy in Iraq. The CBI was reorganized by Coalition Provisional Authority (CPA) Order No. 56 as a legal public entity possessing financial and administrative independence. The Iraqi banking system includes seven state-owned banks, with the three largest (Rafidain Bank, Rasheed Bank, and Trade Bank of Iraq) accounting for about 96 percent of banking sector assets. There are also 34 privately owned banks licensed by the CBI (see CBI’s website [You must be registered and logged in to see this link.] Eleven foreign banks either have licensed branches in Iraq or have strategic investments in Iraqi banks. The removal of CBI Governor Shabibi and arrest of CBI employees for alleged corruption in October 2012 raised concerns in the international community about CBI independence.
Corruption
While large-scale investment opportunities exist in Iraq, particularly for sophisticated investors, corruption remains a significant impediment to conducting business, and investors can expect to contend with it in many forms. While the GOI has moved toward greater effectiveness in reducing opportunities for procurement corruption in sectors such as electricity, oil, and gas, credible reports of corruption in government procurement are widespread, with examples ranging from bribery and kickbacks to awards involving companies connected to political leaders. Investors may come under pressure to take on well-connected local partners to avoid systemic bureaucratic hurdles to doing business. Similarly, there are widespread reports of corruption involving government payrolls, ranging from “ghost” employees and salary skimming to nepotism and patronage in personnel decisions. Moving goods into and out of the country continues to be difficult and bribery of port officials is reportedly common (Iraq ranks 179th out of 185 countries in “trading across borders” in the World Bank’s 2013 Doing Business report). Iraq ranked eight places from the bottom in Transparency International’s 2012 Corruption Perceptions Index, improving four spots since 2011. Iraq also ranked in the eighth percentile of the World Bank’s 2012 Control of Corruption Index. Notably, Iraq came in last place among Middle East countries on both indices. In view of the conflict and sanctions Iraq has endured over recent decades, the resulting breakdown in institutional effectiveness that would curb high levels of corruption is not surprising. The USG is implementing several programs to address corruption at the institutional level, with some positive impact.
..................................................................
In addition, Iraq has bilateral free trade (FTA) agreements with the following 11 countries: Algeria, Egypt, Jordan, Lebanon, Oman, Qatar, Sudan, Syria, Tunisia, Yemen, and the United Arab Emirates. Iraq is also a signatory to several multilateral agreements, including the "Taysir" agreement with Arab countries.
On July 11, 2005, Iraq and the United States signed a Trade and Investment Framework Agreement (TIFA) as a first step toward increasing trade and investment cooperation between the two countries. The Government of Iraq ratified the agreement in December 2012.
...................................................
According to the National Investment Commission, over 950 firms have filed for investment licenses in Iraq, at both the national and provincial level, with a total value of approximately $50.5 billion. All but 27 were issued by PICs, and 145 of them were issued to foreign companies, though in some cases there are Iraqi investors or capital along with the foreign partner. However, the granting of a license by the NIC or a PIC does not guarantee that the proposed investment will be implemented. In many cases, it takes months or years for projects to materialize, if they do at all. In addition, press announcements of investment projects are relatively meaningless as they almost invariably report the intended or proposed investment amount for a given project. Both these figures are unreliable in estimating actual monies brought into Iraq and put to work.
[You must be registered and logged in to see this link.]
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