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[size=36]A parliamentary committee marks legal and financial violations in the contract to invest in the Shiite endowment of the Rahman Mosque[/size]
Political | 02:38 - 02/05/2020
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Baghdad - Mawazine News, a
member of the Parliamentary Planning Committee Hazem Al-Khalidi, on Wednesday, pointed out several serious legal and financial violations included in the contract of investment for the Shiite Endowment Office of the Mosque of Rahman.
Al-Khali said: We refer to a group of grave legal and financial violations included in the contract of investment of the Shiite Endowment Office on the Rahman Mosque:
1- Fourth item of the contract states that a specialized committee will be formed from both parties to the contract after the date of signing the contract, it will submit a report to determine the area allocated to the project, while a committee is supposed to assume Joint from the (Prime Minister, Shiite Endowment Bureau, the National Investment Commission, the Baghdad Municipality and the Ministry of Construction) specifying the area allocated to the project before signing the contract and the investor does not share this authority.
2- Item Eighth - Obligations of the Second Party - Paragraph -4- The second party (the investor) is obligated to obtain the original approvals from the authorities related to the project.
We believe that the most important related bodies (the Baghdad Municipality, the National Investment Commission and the Council of Ministers) have happened, as has happened with the investment of lands surrounding Baghdad Airport and there are no such approvals.
3- Item Eighth - Paragraph -1- It states that the second party (the investor) occupies no less than 50% of its workers and employees from the national labor through the operating centers in Baghdad and the governorates except in the event that the center apologizes for providing the numbers.
We ask why the rate is set at 50% with the presence of many unemployment among Iraqi youth, and it is strange that it gives an excuse for not employing Iraqi youth and coming in foreign labor with justification, which is in the case of an apology from the employment offices for submitting employment and work requests.
4- Item Eighth - Paragraph - Ninth - The Shiite Endowment Office did not require the investing company to provide legal insurance (letter of guarantee) upon signing the contract, but rather the request of the Shiite Endowment Office to provide these guarantees when starting construction work, which means that the company is currently inefficient and wants to give it an office The Shiite Waqf is an opportunity to obtain these insurance by holding secondary flats and the money it accrues, some of which are offered as legal insurance.
5- The contract does not include an obligation for the investing company to submit the engineering plans upon signing the contract, but rather the company is allowed to submit it in stages and after signing the contract and this is an oddity of the contract. .
6- The contract states that the annual rental allowance is for the area allocated to the project, which was not determined before the signing of the contract, but it is left to specify it to a joint committee of the Shiite endowment and the investing company to determine it after the conclusion of the contract and specify the amount of the rent allowance for it, which means that the endowment is an unjust treatment in which to waste For general financial resources, and granting the investing company the authority to expand the area allocated for the project through collusion and manipulation in the minutes of specifying the project area.
7- The Shiite Waqf concluded the contract on the land of the Al-Rahman Mosque with Al-Rakha Towers Company, with another previous contract in effect and it was not canceled with another company, Al-Mustaqbal Al-Mustaqbal Company, which is a clear expression of a contract dispute over one place.
8- One of the fundamental fallacies is the reference to the contract for two contradictory descriptions of the location of the contract. The first contract was mentioned in the contract on the Rahman Mosque and in the second decade on a plot of land, which means manipulating the reality of the subject of the contract and this was associated with numerous violations of the authorization of the endowment and the purposes that were determined to benefit from it.
9- The Director General of the Shiite Endowment Management and Investment Authority, in his letter sent to Al-Rafidain Bank on 12/2/2019, acknowledged that there is a judicial decision that acquired the final degree of nullity of the Al-Rahman Mosque investment contract with the Future Towers Company, and the text of the judicial decision that included the judgment document was attached to his aforementioned (The Shiite endowment has violated the provisions of the investment law, whose texts are considered peremptory and from the public order, knowing that these provisions have been decided to protect the state’s funds) And the Shiite endowment has disagreed on the subject of estimating the value of land and the rent allowance for the purposes of investment projects, given the text of the laws applicable to the task of determining the value Lands and rent allowances to a committee formed by the National Investment Commission, which was violated by the Shiite Endowment Bureau. Ended 29 / A 43
member of the Parliamentary Planning Committee Hazem Al-Khalidi, on Wednesday, pointed out several serious legal and financial violations included in the contract of investment for the Shiite Endowment Office of the Mosque of Rahman.
Al-Khali said: We refer to a group of grave legal and financial violations included in the contract of investment of the Shiite Endowment Office on the Rahman Mosque:
1- Fourth item of the contract states that a specialized committee will be formed from both parties to the contract after the date of signing the contract, it will submit a report to determine the area allocated to the project, while a committee is supposed to assume Joint from the (Prime Minister, Shiite Endowment Bureau, the National Investment Commission, the Baghdad Municipality and the Ministry of Construction) specifying the area allocated to the project before signing the contract and the investor does not share this authority.
2- Item Eighth - Obligations of the Second Party - Paragraph -4- The second party (the investor) is obligated to obtain the original approvals from the authorities related to the project.
We believe that the most important related bodies (the Baghdad Municipality, the National Investment Commission and the Council of Ministers) have happened, as has happened with the investment of lands surrounding Baghdad Airport and there are no such approvals.
3- Item Eighth - Paragraph -1- It states that the second party (the investor) occupies no less than 50% of its workers and employees from the national labor through the operating centers in Baghdad and the governorates except in the event that the center apologizes for providing the numbers.
We ask why the rate is set at 50% with the presence of many unemployment among Iraqi youth, and it is strange that it gives an excuse for not employing Iraqi youth and coming in foreign labor with justification, which is in the case of an apology from the employment offices for submitting employment and work requests.
4- Item Eighth - Paragraph - Ninth - The Shiite Endowment Office did not require the investing company to provide legal insurance (letter of guarantee) upon signing the contract, but rather the request of the Shiite Endowment Office to provide these guarantees when starting construction work, which means that the company is currently inefficient and wants to give it an office The Shiite Waqf is an opportunity to obtain these insurance by holding secondary flats and the money it accrues, some of which are offered as legal insurance.
5- The contract does not include an obligation for the investing company to submit the engineering plans upon signing the contract, but rather the company is allowed to submit it in stages and after signing the contract and this is an oddity of the contract. .
6- The contract states that the annual rental allowance is for the area allocated to the project, which was not determined before the signing of the contract, but it is left to specify it to a joint committee of the Shiite endowment and the investing company to determine it after the conclusion of the contract and specify the amount of the rent allowance for it, which means that the endowment is an unjust treatment in which to waste For general financial resources, and granting the investing company the authority to expand the area allocated for the project through collusion and manipulation in the minutes of specifying the project area.
7- The Shiite Waqf concluded the contract on the land of the Al-Rahman Mosque with Al-Rakha Towers Company, with another previous contract in effect and it was not canceled with another company, Al-Mustaqbal Al-Mustaqbal Company, which is a clear expression of a contract dispute over one place.
8- One of the fundamental fallacies is the reference to the contract for two contradictory descriptions of the location of the contract. The first contract was mentioned in the contract on the Rahman Mosque and in the second decade on a plot of land, which means manipulating the reality of the subject of the contract and this was associated with numerous violations of the authorization of the endowment and the purposes that were determined to benefit from it.
9- The Director General of the Shiite Endowment Management and Investment Authority, in his letter sent to Al-Rafidain Bank on 12/2/2019, acknowledged that there is a judicial decision that acquired the final degree of nullity of the Al-Rahman Mosque investment contract with the Future Towers Company, and the text of the judicial decision that included the judgment document was attached to his aforementioned (The Shiite endowment has violated the provisions of the investment law, whose texts are considered peremptory and from the public order, knowing that these provisions have been decided to protect the state’s funds) And the Shiite endowment has disagreed on the subject of estimating the value of land and the rent allowance for the purposes of investment projects, given the text of the laws applicable to the task of determining the value Lands and rent allowances to a committee formed by the National Investment Commission, which was violated by the Shiite Endowment Bureau. Ended 29 / A 43
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