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The law of the First Amendment to the Law on the Protection of Iraqi products No. (11) for the year 2010
•January 11, 2014
•The people in the name of
•the presidency
• on the basis of 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 2013
•The law of
•the First Amendment to the Law on the Protection of Iraqi products No. (11) for the year 2010
•Article - 1 - The text of Article (1) of the Law on the Protection of Iraqi products No. (11) for the year 2010 and be replaced by Mayati:
•Article 1 - the following terms shall for the purposes of this Act have the meanings shown towards them:
•First - Products: industrial goods or agricultural (plant and animal) produced in Iraq, including agricultural crops.
•Secondly like product: domestic product similar to the product imported to Iraq or who, is similar to a large extent in the specifications or uses.
•Thirdly product rival: the local product which competes imported product to Iraq in use, though can not be imitated.
•Fourth - Local producers: Total domestic producers of the domestic product of similar or competitor that represents the total production by the largest proportion of the total domestic production of this product.
•V. dumping: the supply of foreign producer is similar to the domestic product to Iraq at less than its normal value in the market of the exporting country.
•VI support: benefit or financial contribution provided by the exporting country, directly or indirectly, by any means, including income support, prices or both of which lead to the achievement of the benefit of the parties or individuals who produce products or transported, sold or exported
•Seventh unjustified increase in imports: import products to Iraq increased quantities is dumped or unsupported whether that increase in absolute terms or relative compared to previous years, which has caused significant harm to domestic products of similar or competition.
•Eighth harmful practices: dumping Oda'm Ozayadh unexplained in imports.
•IX - physical damage: to block the establishment of industry or local agriculture or domestic production because of dumping or subsidies.
•X. - serious harm: the harm or potential occurrence on local producers, which leads to weakening or hinder industry or agriculture fully and comprehensively as a result of unjustified increase in imports.
•eleventh - Investigations: audits conducted by the department to verify the authenticity of the documents and information provided by local producers, exporters, importers, according to the provisions of this law.
•twelfth - Department: The Department of development and industrial organization affiliated to the Ministry of Industry and Minerals.
•thirteenth - the ministry - the Ministry of Industry and Minerals
•fourteenth - Minister - Minister of Industry and Minerals.
•fifteenth - dumping margin - the difference between the normal value of the imported product and the price of exported
•sixteenth - normal value - the price of the product supplier to Iraq when it is placed for consumption in the exporting country in the ordinary course of trade.
•Article 2 The text of the item (ii) of Article (2) of the Act and replaced by the following:
•secondly to provide a suitable environment to raise the capacity of local producers and Thaothm to compete in the domestic and international markets.
•Article 3 first cancels the text of Article (3) of the Act and replaced by the following:
•Article 3 achieved the goals of this law means the following:
•First, coordination and cooperation between ministries and relevant agencies and their counterparts in other countries and international organizations regarding the development of cadres and exchange of experiences and collect the necessary information and investigation about the conduct of communications and take action Almqtadhah for the application of the provisions of this law.
•Secondly issuing decisions on urgent action and make recommendations to address the damage caused by harmful practices domestic producers to the relevant authorities.
•Thirdly raise the level of awareness regarding the harmful practices and ways of prevention and treatment.
•Fourth provide advice and training local producers regarding the legal rights and obligations and actions to be taken on harmful practices.
•Article 4 The text of Article (4) of the Act and replaced by the following:
•First, Article 4 provides domestic product, or legal representative of a request in writing to the Minister of Industry and Minerals by the department to take the necessary measures to counter the harmful practices that includes a demand for information and documents that supports the existence of such practices and the type of damage caused.
•Secondly - if harmful practices related to agricultural product offers to seek protection from local producers him or the Department of Planning and Follow-up in the Ministry of Agriculture in accordance with the provisions of paragraph (First) of this Article.
•Thirdly A - The Department shall consider the request and to ensure that it satisfies the conditions set forth in paragraph (First) of this Article.
•b - raise the circle recommendations to the Minister of Industry and Minerals during the thirty (30) days from the date of registration of the application in any of the records set forth in paragraph (First) of Article (19) of this law.
•Fourth - if the request relates to an agricultural product is reduced periods of time in investigations and procedures for issuance of the decisions contained in this Act to two thirds of the length of the growing season of the product under consideration.
•V. - pending minister in the recommendation of the department set forth in paragraph ( of item ( iii) of this article within (15) fifteen days from the date recorded in his office.
•VI -
•a - Minister shall issue a decision to start an investigation if he agreed to the request made on it in the case denied the request Vlmekdmh appeal the rejection decision within a period of thirty (30) days from the date notified him before the Administrative Court and in accordance with law.
•b - in the case of no-action request by the minister despite the expiration of the period specified in clause (v) of this article is the application acceptable.
•VII announces decision to launch an investigation into two daily newspapers at least through (30) thirty days from the date of issuance.
•Eighth - introduce Division in the Department of Protection of Iraqi products of the Department of Development and Industrial Organization shall coordinate with the Ministry of Agriculture for the purpose of applying the provisions of this Act with respect to agricultural products.
•Article 5 The text of the item (ii) and paragraph (a) of item (iii) of Article (7) of the Act and replace them as follows:
•Second allow the department an opportunity for interested parties to investigations, the parties involved in it to provide documents or information and to hear their stories and discussions The Chamber informed the parties concerned on the information or documents relating to the investigation if it is confidential.
•Thirdly - a period not to exceed six (6) months from the date of the announcement initiate investigations if they are related to the increase unjustified in imports may be a reasoned decision of the minister extended that does not exceed the full Duration ( eight months.
•Article 6 The text of Article ( of the Act and replaced by the following:
• Article 8 of the Minister on the recommendation of the department to make a decision to suspend or terminate the investigation in the cases of dumping Oda'm at any time without the imposition of anti-dumping measures or countervailing measures building a pledge by a supplier imported product undertakes a review of the prices or supply to Iraq to stop at dumped or subsidized, or if the donor has provided state support for a pledge to rescind The Minister may decide to complete investigations despite the acceptance of the undertaking.
•The text of Article 7, paragraph (a) of the item (ii) of Article (9) of the Act and replaced Mayati:
• a urgent measures taken to end the Lord insurance or guarantees stipulated in Article (12) of the Act provided by authorities supplier of the imported product under investigation.
•The text of article 8, paragraph (First) of Article (12) of the Act and replaced by the following:
•First - Minister shall issue upon the recommendation of the department decision to take urgent action against the imported product under investigation if it finds the decision of the first circle of the presence of harmful practices as as follows:
•A - the imposition of anti-dumping duties on the imported product under investigation are to be deposited with the Insurance Authority for Customs.
•b - Requiring the supplier to provide guarantees secured by the margin of dumping set forth in paragraph (First) of Article (18) of this law.
•c - Requiring suppliers from donor countries to support the provision of guarantees secured by the General Authority for Customs equivalent to the support provided for in item (ii) of Article (18) of this law.
•d - Requiring suppliers to provide guarantees secured by the General Authority for Customs equivalent to the damage done domestic producers selected from the department in the case of the increase is justified in imports.
•H. compel suppliers of imported product that submit to the minister pledge provided for in Article ( of the Act.
•g - apply the General Authority for Customs and in coordination with the department to impose urgent measures set forth in this Article from the date of its announcement in two daily newspapers.
•Secondly bind the supplier to provide guarantees secured by the margin of dumping set forth in paragraph (First) of Article (18) of this law.
•Thirdly compel suppliers of donor countries to support the provision of guarantees secured by the General Authority for Customs equivalent to the support provided for in item (ii) Article (18) of this law.
•Fourth forcing suppliers to provide guarantees secured by the General Authority for Customs equivalent to the damage done to local producers selected from the department in the case of the increase is justified in imports.
•V. compel suppliers of the imported product to submit to the minister pledge enshrined in Article ( of the Act.
•VI imposes General Authority for Customs and in coordination with the department to impose urgent measures set forth in this article from the date of its announcement in two daily newspapers.
•Article 9 The text of the item (ii) of Article (15) of the Act and replaced by the following:
• Second shall not exceed the amount of the imposed customs duties for anti-dumping or support, in accordance with the law of the margin of dumping or amount of subsidy granted may be determined in amounts less if it was enough to undo the damage that contained any increase in the drawing Alkmarki which were collected by more than the margin of dumping or amount of actual support.
•Article 10 The text of Article (18) of the Act and replaced by the following:
•Article 18 The Minister shall after the conclusion of the investigation to counter the harmful practices the final the following measures:
• First, the anti-dumping measures: a fee equal to the dumping margin of dumping if the export price of the imported product to the Republic of Iraq less than its normal value.
•Secondly countervailing measures: the imposition of customs fees compensatory According to the law equivalent to the support given to the product imported to the Republic of Iraq.
•Thirdly preventive measures: measures imposed according to the provisions of Article (14) of this law to meet the unjustified increase in imports and define these measures with instructions issued by the Minister.
•Fourthly apply the General Authority for Customs and in coordination with the department to impose final measures set forth in items (i) and (ii) and (iii) of this Article, if issued in accordance with Article (11) of the Act with effect from the date of publication.
•article 11, the following is added to the law and the Article 20 bis:
•Article 20 (bis) first allocated to the Department of annual sums of money within the budget of the ministry.
•empowers the minister of the Second deems appropriate staff Jurists specialists in the circle to represent the ministry in disputes arising from the application of the provisions of this law.
•Article - 12 - This law shall be from the date of its publication in the Official Gazette.
•The reasons
•for the purpose of protection of industrial and agricultural products from harmful practices in international trade with Iraq and to ensure fair competition in the Iraqi market.
•initiated this law.
[You must be registered and logged in to see this link.]
•January 11, 2014
•The people in the name of
•the presidency
• on the basis of 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 2013
•The law of
•the First Amendment to the Law on the Protection of Iraqi products No. (11) for the year 2010
•Article - 1 - The text of Article (1) of the Law on the Protection of Iraqi products No. (11) for the year 2010 and be replaced by Mayati:
•Article 1 - the following terms shall for the purposes of this Act have the meanings shown towards them:
•First - Products: industrial goods or agricultural (plant and animal) produced in Iraq, including agricultural crops.
•Secondly like product: domestic product similar to the product imported to Iraq or who, is similar to a large extent in the specifications or uses.
•Thirdly product rival: the local product which competes imported product to Iraq in use, though can not be imitated.
•Fourth - Local producers: Total domestic producers of the domestic product of similar or competitor that represents the total production by the largest proportion of the total domestic production of this product.
•V. dumping: the supply of foreign producer is similar to the domestic product to Iraq at less than its normal value in the market of the exporting country.
•VI support: benefit or financial contribution provided by the exporting country, directly or indirectly, by any means, including income support, prices or both of which lead to the achievement of the benefit of the parties or individuals who produce products or transported, sold or exported
•Seventh unjustified increase in imports: import products to Iraq increased quantities is dumped or unsupported whether that increase in absolute terms or relative compared to previous years, which has caused significant harm to domestic products of similar or competition.
•Eighth harmful practices: dumping Oda'm Ozayadh unexplained in imports.
•IX - physical damage: to block the establishment of industry or local agriculture or domestic production because of dumping or subsidies.
•X. - serious harm: the harm or potential occurrence on local producers, which leads to weakening or hinder industry or agriculture fully and comprehensively as a result of unjustified increase in imports.
•eleventh - Investigations: audits conducted by the department to verify the authenticity of the documents and information provided by local producers, exporters, importers, according to the provisions of this law.
•twelfth - Department: The Department of development and industrial organization affiliated to the Ministry of Industry and Minerals.
•thirteenth - the ministry - the Ministry of Industry and Minerals
•fourteenth - Minister - Minister of Industry and Minerals.
•fifteenth - dumping margin - the difference between the normal value of the imported product and the price of exported
•sixteenth - normal value - the price of the product supplier to Iraq when it is placed for consumption in the exporting country in the ordinary course of trade.
•Article 2 The text of the item (ii) of Article (2) of the Act and replaced by the following:
•secondly to provide a suitable environment to raise the capacity of local producers and Thaothm to compete in the domestic and international markets.
•Article 3 first cancels the text of Article (3) of the Act and replaced by the following:
•Article 3 achieved the goals of this law means the following:
•First, coordination and cooperation between ministries and relevant agencies and their counterparts in other countries and international organizations regarding the development of cadres and exchange of experiences and collect the necessary information and investigation about the conduct of communications and take action Almqtadhah for the application of the provisions of this law.
•Secondly issuing decisions on urgent action and make recommendations to address the damage caused by harmful practices domestic producers to the relevant authorities.
•Thirdly raise the level of awareness regarding the harmful practices and ways of prevention and treatment.
•Fourth provide advice and training local producers regarding the legal rights and obligations and actions to be taken on harmful practices.
•Article 4 The text of Article (4) of the Act and replaced by the following:
•First, Article 4 provides domestic product, or legal representative of a request in writing to the Minister of Industry and Minerals by the department to take the necessary measures to counter the harmful practices that includes a demand for information and documents that supports the existence of such practices and the type of damage caused.
•Secondly - if harmful practices related to agricultural product offers to seek protection from local producers him or the Department of Planning and Follow-up in the Ministry of Agriculture in accordance with the provisions of paragraph (First) of this Article.
•Thirdly A - The Department shall consider the request and to ensure that it satisfies the conditions set forth in paragraph (First) of this Article.
•b - raise the circle recommendations to the Minister of Industry and Minerals during the thirty (30) days from the date of registration of the application in any of the records set forth in paragraph (First) of Article (19) of this law.
•Fourth - if the request relates to an agricultural product is reduced periods of time in investigations and procedures for issuance of the decisions contained in this Act to two thirds of the length of the growing season of the product under consideration.
•V. - pending minister in the recommendation of the department set forth in paragraph ( of item ( iii) of this article within (15) fifteen days from the date recorded in his office.
•VI -
•a - Minister shall issue a decision to start an investigation if he agreed to the request made on it in the case denied the request Vlmekdmh appeal the rejection decision within a period of thirty (30) days from the date notified him before the Administrative Court and in accordance with law.
•b - in the case of no-action request by the minister despite the expiration of the period specified in clause (v) of this article is the application acceptable.
•VII announces decision to launch an investigation into two daily newspapers at least through (30) thirty days from the date of issuance.
•Eighth - introduce Division in the Department of Protection of Iraqi products of the Department of Development and Industrial Organization shall coordinate with the Ministry of Agriculture for the purpose of applying the provisions of this Act with respect to agricultural products.
•Article 5 The text of the item (ii) and paragraph (a) of item (iii) of Article (7) of the Act and replace them as follows:
•Second allow the department an opportunity for interested parties to investigations, the parties involved in it to provide documents or information and to hear their stories and discussions The Chamber informed the parties concerned on the information or documents relating to the investigation if it is confidential.
•Thirdly - a period not to exceed six (6) months from the date of the announcement initiate investigations if they are related to the increase unjustified in imports may be a reasoned decision of the minister extended that does not exceed the full Duration ( eight months.
•Article 6 The text of Article ( of the Act and replaced by the following:
• Article 8 of the Minister on the recommendation of the department to make a decision to suspend or terminate the investigation in the cases of dumping Oda'm at any time without the imposition of anti-dumping measures or countervailing measures building a pledge by a supplier imported product undertakes a review of the prices or supply to Iraq to stop at dumped or subsidized, or if the donor has provided state support for a pledge to rescind The Minister may decide to complete investigations despite the acceptance of the undertaking.
•The text of Article 7, paragraph (a) of the item (ii) of Article (9) of the Act and replaced Mayati:
• a urgent measures taken to end the Lord insurance or guarantees stipulated in Article (12) of the Act provided by authorities supplier of the imported product under investigation.
•The text of article 8, paragraph (First) of Article (12) of the Act and replaced by the following:
•First - Minister shall issue upon the recommendation of the department decision to take urgent action against the imported product under investigation if it finds the decision of the first circle of the presence of harmful practices as as follows:
•A - the imposition of anti-dumping duties on the imported product under investigation are to be deposited with the Insurance Authority for Customs.
•b - Requiring the supplier to provide guarantees secured by the margin of dumping set forth in paragraph (First) of Article (18) of this law.
•c - Requiring suppliers from donor countries to support the provision of guarantees secured by the General Authority for Customs equivalent to the support provided for in item (ii) of Article (18) of this law.
•d - Requiring suppliers to provide guarantees secured by the General Authority for Customs equivalent to the damage done domestic producers selected from the department in the case of the increase is justified in imports.
•H. compel suppliers of imported product that submit to the minister pledge provided for in Article ( of the Act.
•g - apply the General Authority for Customs and in coordination with the department to impose urgent measures set forth in this Article from the date of its announcement in two daily newspapers.
•Secondly bind the supplier to provide guarantees secured by the margin of dumping set forth in paragraph (First) of Article (18) of this law.
•Thirdly compel suppliers of donor countries to support the provision of guarantees secured by the General Authority for Customs equivalent to the support provided for in item (ii) Article (18) of this law.
•Fourth forcing suppliers to provide guarantees secured by the General Authority for Customs equivalent to the damage done to local producers selected from the department in the case of the increase is justified in imports.
•V. compel suppliers of the imported product to submit to the minister pledge enshrined in Article ( of the Act.
•VI imposes General Authority for Customs and in coordination with the department to impose urgent measures set forth in this article from the date of its announcement in two daily newspapers.
•Article 9 The text of the item (ii) of Article (15) of the Act and replaced by the following:
• Second shall not exceed the amount of the imposed customs duties for anti-dumping or support, in accordance with the law of the margin of dumping or amount of subsidy granted may be determined in amounts less if it was enough to undo the damage that contained any increase in the drawing Alkmarki which were collected by more than the margin of dumping or amount of actual support.
•Article 10 The text of Article (18) of the Act and replaced by the following:
•Article 18 The Minister shall after the conclusion of the investigation to counter the harmful practices the final the following measures:
• First, the anti-dumping measures: a fee equal to the dumping margin of dumping if the export price of the imported product to the Republic of Iraq less than its normal value.
•Secondly countervailing measures: the imposition of customs fees compensatory According to the law equivalent to the support given to the product imported to the Republic of Iraq.
•Thirdly preventive measures: measures imposed according to the provisions of Article (14) of this law to meet the unjustified increase in imports and define these measures with instructions issued by the Minister.
•Fourthly apply the General Authority for Customs and in coordination with the department to impose final measures set forth in items (i) and (ii) and (iii) of this Article, if issued in accordance with Article (11) of the Act with effect from the date of publication.
•article 11, the following is added to the law and the Article 20 bis:
•Article 20 (bis) first allocated to the Department of annual sums of money within the budget of the ministry.
•empowers the minister of the Second deems appropriate staff Jurists specialists in the circle to represent the ministry in disputes arising from the application of the provisions of this law.
•Article - 12 - This law shall be from the date of its publication in the Official Gazette.
•The reasons
•for the purpose of protection of industrial and agricultural products from harmful practices in international trade with Iraq and to ensure fair competition in the Iraqi market.
•initiated this law.
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