Gazette: Customs tariff law No. (22) of 2010

Gazette: Customs tariff law No. (22) of 2010


 posted 20/09/2013






Iraqi Local Governance Law library (Gazette)


Customs tariff law No. (22) of 2010, as amended

Posted in the Gazette September 20 2013


Home Customs tariff law No. (22) of 2010, as amended in Federal Customs Posts

Law / Document Number (ID): 22

Type of Law: Law

Date Issued: 10 Feb 2010

Date Published: 6 Dec 2010

Status: In force

Summary: ------------------------- Behalf of the people

The Presidency Council

Based on what passed the House of Representatives in accordance with the provisions of subsection (I) of Article (61) and move the legal limit set forth in paragraph (a) of item (v) of Article 138 of the Constitution.

Issued the following law:

No. (22) for the year 2010

Law

Customs tariff



Article 1 - First: to set Alkmarki fees on imported goods according to the rates set forth in the schedules of tariff of customs duties and agricultural calendar attached to this law.

Second: means (tariff schedules of customs duties and agricultural calendar) For the purposes of this Act the table that contains sub-items and symbols and digital sections and chapters, notes, and sub-items according to the Globally Harmonized System of the World Customs Organization.

Third: The tariff schedules of customs duties and agricultural calendar is an integral part of this law.

Article 2 - First: The Council of Ministers at the request of the Federal Minister of Finance modify the graphic Alkmarki provided for in the tariff schedule of customs duties and agricultural calendar attached to this law in cases of emergency need for economic and monetary require protection measures or reciprocity.

Second: كمركي charge shall be levied on imported goods not included in the agenda of customs duties tariff rate not exceeding 20% of its value and the Council of Ministers upon the proposal of the Federal Minister of Finance amend this percentage for the same reasons mentioned in item - first -.

Third: The increase temporarily drawing Alkmarki procedures and still if the demise of its causes.




Article 3 - First: do not meet the separate charges on the blood and on the covers, except as follows:

A - If stated in the customs tariff schedules attached to this law otherwise.

B - If the blood and on the covers do not make up containers of imported goods and their covers normal and was one of the kind that can promise a commercial commodity.

Second: The added value of the vessel and on the covers under separate fee on the value of their contents, if that fee equal to the fee imposed on the content or less of it and met them draw كمركي and one.

Article 4 - First: exempt from drawing contained Alkmarki samples and models that are not of commercial value.

Second: - A - exempt goods imported by E-mail limits set instructions issued by the Federal Minister of Finance.

B - to Eisera the provision of paragraph (a) of this item on consignment is split into parts and that are intended to defragment rid of push composting drawing to.

Article 5 - taken into account in applying the provisions of this law, the facilities granted under the Investment Law No. 13 of 2006, as amended on imported goods for the purposes of investment projects exclusively.

Article 6 - First: The Minister of Finance in coordination with the relevant instructions to organize the change of the material suitable for human consumption to raw materials for industrial purposes and unfit for human consumption, which asked the importer changed.

Second: Reduces the chart contained Alkmarki the marauding materials set forth in item (i) of this Article, by (7/8) seven-eighths of the amount to be paid before the change to be accompanied by a certificate issued by the concerned authorities.

Article 7 - remain in force restrictions and prohibitions imposed on certain imports or exports under the Customs Act No. 23 of 1984, as amended, or any other law unless it has been canceled before the entry into force of this law.

Article 8 - apply the rule of the door (xv) of the Law on Customs No. 23 of 1984 for violation of the provisions of articles (1) and (3) and (4) and paragraph (b) of item (ii) of Article (5) and section (II ) of Article (6) of this Act.

This article was amended by the Second Amendment to the Act customs tariff law No. 22 for the year 2010 number 27 for the year 2013

Article 9 - First - The Law of the customs tariff number (77) for the year 1955 and is the Coalition Provisional Authority (dissolved) No. (54) for the year 2004 (trade liberalization policy of 2004).

Secondly - re-work on the orders of the Coalition Provisional Authority (dissolved) No. (38) for the year 2003 (Tax reconstruction of Iraq, as amended), and until the completion of stages of the application of the customs tariff law No. (22) of 2010, as amended.

III - The provisions of CPA Order (dissolved) No. (38) for the year 2003 on imported goods under the tables tariff of customs duties and agricultural calendar attached to the law of the customs tariff number (22) for the year 2010 average and while coverage of its provisions and, as appropriate.

Fourth - does not work any law or instructions or regulations inconsistent with the provisions of this law ..

Article -10 - The Minister of Finance shall issue instructions to facilitate the implementation of the provisions of this law.

This article was amended by the Second Amendment to the Act customs tariff law No. 22 for the year 2010 number 27 for the year 2013

Article 11 - First - This law shall be in stages, and are selected and the designation of imported goods covered by each phase in coordination between the Authority General for Customs and the Committee on Economic Affairs in the Council of Ministers that does not exceed the time limit for the application of the final stage and access to the full application of the provisions of the law three years of date of its publication in the Official Gazette.

Secondly - the Minister of Finance to instruct the implementation of this law.

Third - This law shall be as of 30/6/2012.



Original Document: Customs tariff law No. 22 for the year 2010

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Article 11, interesting.

Nice!

Like it!

12/6/13

This law will go back 3 years from 2010 til now !!!! Great news 1 down and 2 too go . We need investiment and economic laws and I exspect too c them this week !!!! We r almost there !!!$$$$$$

It is offcailly a law now !!!!!

wayoutnow wrote:This law will go back 3 years from 2010 til now !!!! Great news 1 down and 2 too go . We need investiment and economic laws and I exspect too c them this week !!!! We r almost there !!!$$$$$$

Love your optimism.  Getting harder and harder to be patient especially when parliament doesn't show up to vote. We will see. Maybe December?

Companies Law No. 22 of 1997 as amended in Law / Document Number (ID): 22 ~~Gazette Posting Sept 22
09/24/2013



Companies Law No. 22 of 1997 as amended
in Law / Document Number (ID): 22

Type of Law:
Law

Date Issued:
18 Aug 1997

Date Published:
1 Sep 1997

Status:
In force

Summary:
-------------------------------------------------- --------
Behalf of the people
Presidency of the Republic
Based on what passed the National Council and approved by the Revolutionary Command Council and pursuant to the provisions of the fifty-third article of the Constitution,
We have issued the following law:
Article 1
Following expressions shall have the meanings set forth towards them for the purposes of this law:
Minister: the competent minister or the head of the non-related to the Ministry
Ministry: the competent ministry or entity not related to the Ministry
Company: Unity economic self-funded and fully state-owned, which has legal personality and financial and administrative independence and operate according to economic bases.
Registrar: The Registrar of Companies in the Register of Companies in the Ministry of Commerce
Article 2
This law aims to regulate public companies Building, management and liquidation, the provisions and the foundations of financial and administrative united to achieve the highest level of growth in employment and production and the adoption of the principle of economic calculation and efficient investment of public funds and their effectiveness in achieving the goals of the state and raise the levels of performance of the national economy
Article 3
The ministry provides an application to the Council of Ministers of the founding of a public company, together with study include economic and technical justification for it was founded on that request contains the following:
First - the name of the company and its location and its president.
Secondly - the goals of the company and its activities
Third - the amount of capital of the company or its sources of funding
IV - any other information that the ministry found necessary
Article 4
After the approval of the Council of Ministers to request establishment of the company is the ministry to prepare a contract or a special statement the establishment of the company includes the following data:
First - the name of the company and its location and its president, and the name is derived from its activities, with the addition of the word to the public label.
Secondly - the company's goals
Third - the company's goals
IV - the capital of the company
V. - the names of actors institution.
VI - any other information that the ministry found necessary
Article 5
Documentary for statistical purposes, ministry provides a contract or a special statement the establishment of the company and the approval of the Council of Ministers to the Registrar to register the company.
Article 6
The Registrar shall register the company and the issuance of a certificate established, and the ministry publishes a certificate or a statement of the company in the Official Gazette and in the bulletin issued by the Registrar.
Article 7
Company acquires legal personality as of the date of issuance of certificate established.

Chapter II
Capital of the company
Article 8
Capital of the company determines the resolution of the Council of Ministers to agree to its establishment.
Article 9
First - the public treasury paid capital of the company at one time or in batches determine the amounts and dates of payment according to a plan developed by the company in coordination with the Ministry of Finance
Second - considered اقيام money movable and immovable property which accrue to the company part of the paid-up capital
Third - when the participation of two or more persons moral self-funded public in the establishment of a public company paid actors involved share capital and subject to the same controls prescribed under the provisions of this law
Article 10
Amended article below under the Second Amendment Act No. 9 of 2002
First - a - if needed to increase or decrease the capital of the company, is being coordination between the relevant ministry and the finance ministry about that, and when approval ministry provides a request to the Council of Ministers together with the study of financial include the rationale that and its impact on the company's activity and its rights and obligations.
B - the minister with the consent of the Minister of Finance, plus the cost of the completed project to the capital of the Company upon completion of a project, calculated on the allocations of the investment plan, the ministry and take the necessary measures to implement it, including the amendment of the Company or your statement founded.
Second - when the cabinet's approval to increase or reduce the capital of the company ministry to take the necessary measures to implement it, including the amendment of the Company or your statement founded
III - The Ministry of notifies the registrar amendment to its registration and is published in the Official Gazette.
Chapter III
Profit and Loss
Article 11
First - means the net profit for the purposes of this law excess of revenue over expenditure shown in the profit and loss account for the financial year of the company regularly in accordance with existing legislation and regulations and norms adopted accounting and auditor by the BSA and ratified by the entity authorized by law
This paragraph was amended by the Third Amendment Act No. 14 of 2002
Secondly - exclude capital gains and losses and any gains or losses arising from extraordinary activity of the net profit of the company for the purposes of the distribution of the share of workers.
This paragraph was amended as follows under the law of the First Amendment and the second (39 and 9) for 2000 and 2002
Third, no more than disposable profit available for distribution to 30% thirty percent of the cost of current activity, and the remaining is distributed in the following manner:
1. 10% ten percent of the net profit, and as a capital reserve financial compensation to the differences of extinction that is not considered as part of the cost of current activity, and that the use of these amounts for purposes of expansions exclusively within a period of 5 five years, and otherwise turning the amounts mentioned to the Finance Ministry.
2. 40% forty percent of the amount in excess of the distributable profit in the public companies of the industrial sector and recorded in the calculation of reserves and allocated in the following manner:
- 90% ninety percent of them to rehabilitate and develop the productive factories.
B - 10% ten percent of them to build condominiums, the current development of housing services for workers.
C - using amounts derived from the percentages stipulated in a and b of this paragraph for the purposes referred to therein within a period of 5 five years which can be extended if necessary, at the suggestion of the minister and the cabinet's approval, and otherwise turned to the Ministry of Finance.
3. Converts remaining after deducting the percentages provided for in paragraphs 1 and 2 of this item to the Finance Ministry.
IV - the profit is distributed stipulated in Section III of this article according to the following percentages:
1 - 25% twenty-five percent of the public treasury. (Ratio was amended by the decision of the Economic Affairs Committee at the meeting of the Council of Ministers No. (40) of 09.17.2013)
2-33% thirty-three percent profit incentives for company employees and distinguished them and members of the Board of Directors and staff of the ministry center in accordance with the rates and controls بضعها mudallis administration and approval of the Minister
(Note decision dissolved Revolutionary Command Council No. 92 of 2002)
3 - 5% of five percent for research and development
4 - 5% from five percent to social services for workers
5 - Remaining balance from capital reserves
Paragraph V. under the Fourth Amendment Act No. 73 of 2012
Fifth - the Council of Ministers to increase or decrease percentages set forth in items (iii) and (iv) of this article has spent on companies covered by the provisions of this law and the Ministry of Finance's share exclusively through corporate profits achieved in the light of the results of the activity and economic conditions
Article 12
Down 25% twenty-five percent of the net profit before distribution to extinguish the retained losses from previous years that I found
Article 13
If the company amounted to a loss of 25% of twenty-five percent of its capital Nominal Board of Directors For preparing its economic calendar specifying the reasons for the loss, and provide treatments proposed to her, and be submitted to the ministry to take the appropriate decision thereon.
Article 14
If the company amounted to a loss ratio of 50% fifty percent of its capital to the actual names of the ministry prepare its economic calendar submit to the Council of Ministers to take the appropriate decision on the continuation of the company or liquidation.

Chapter IV
Investment and borrowing

Article 15
First - the company's investment of cash surpluses to contribute to the joint-stock companies or participating with them in work related denies the company targets inside Iraq and obtaining the approval of the Council of Ministers if the project outside of Iraq
Secondly - aggregated Cabinet approval when investing surplus cash from companies and Arab and foreign institutions or to participate with them in the execution of the related company targets outside Iraq
Third - the company the right to participate with companies and Arab and foreign institutions for the execution of the related company targets inside Iraq
Article 16
First - the company investing surplus cash deposits fixed at the banks in Iraq for a period not exceeding 180 hundred and eighty days that are opened a special account in the records relevant to the company for the purpose of installing accrued interest on these deposits to show in the final accounts are easy to measure the efficiency of the company's performance in its sectoral competent it.
Secondly -1 - insurance companies, reinsurance and banks to invest their funds in various aspects of investment
The Council of Ministers to decide on the inclusion of any other investment destination to the provisions of paragraph 1 of this item
Article 17
The company's lending and borrowing, or get the money to finance the activities of financial institutions and national public companies under contracts and conditions to be agreed upon, including not more than 50% fifty percent of the paid-up capital
Article 18
Aggregated Cabinet approval when borrowing from outside Iraq to fund investment activity and ongoing.
Chapter V
Directors and the Board of Directors
Article 19
The Board of Directors' fee and the development of policies, plans, administrative, financial, regulatory and technical resources required for the conduct of the company's activity and achieve its goals, and supervision and follow-up implementation, and exercise all rights and corrections related, with that authorizes the director of the company as it deems appropriate powers
Article 20
The Board of Directors consists of general manager of the company president and eight members are named as follows:
First - four members selected by the Minister from among the heads of formations in the company of experienced and competent in matters relating to its activity
Secondly - Two ينتخبان members of employees of the company
Third - two experienced and competent minister chosen from outside the company and with the approval body Rai
Fourth - The Board of Directors three reserve members elect someone Associate Minister appoints the other two members
V. - elected by the Council in its first meeting Vice-Chairman from among its members and to replace the President in his absence
Article 21
Rules of procedure shall define the method of elected representatives of the employees of the company's Board of Directors and qualifications required of them
Article 22
Session of the three-year renewable starting from the date of its first meeting
Article 23
First - Board meets once a month at the invitation of the President
Secondly - It is permissible to hold an extraordinary meeting of the Council at the invitation of the President or at the request of a reasoned editorial offers from two of its members.
Third - get a quorum at meetings of the Council in the presence of a majority of its members among them the President of the Council or his deputy, and decisions are taken by a majority of the members present and if the casting vote is equally divided, who voted him President
Article 24
If you feel the membership of the Board of Directors, calls on the President of the Council reserve member of the class who got the vacancy in which to complete the remaining period of the session of the Council.
Article 25
Implement the decisions of the Council when issued, except with regard to the following matters Vtnfz after endorsement by the minister:
First - plans and annual budgets
Secondly - the final accounts and the annual report of the company
Thirdly - Expansions
Fourth - production and incentive systems are among the cost of production
Article 26
The Board's decisions on matters contained in Article 15 of this Law certified if it does not object to the minister during a 25 Twenty-five days from the date recorded in his office. If objected to it, be presented to the Council at the first meeting, if he insisted on his mind, hold a hearing chaired by the Minister to look at the subject and be the decision of the majority of the members present final

Chapter VI
General Manager
Article 27
Manages the company's general manager of experienced and competent, who holds a university degree at least preliminary, appointed by a decision of the Council of Ministers, the Supreme chairman of the company and take care of all the necessary actions to manage and conduct its activities in accordance with the powers granted to him by the Board of Directors.
Chapter VII
Internal Control

Article 28
Internal controls designed to achieve effective control over the company's money, and in order to achieve effective control over the company's money, and in order to achieve this to exercise its approved programs provide coverage of all control systems required to be held
Article 29