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09/27/2014
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Investment system No. (2) of 2009 (as amended) Posted & Updated Sept. 24, 2014in Economics Federal
Type of Law: Regulations
Date Issued: 2 Mar 2009
Date Published: 2 Mar 2009
Status: In force
Summary:
----------------
According to the provisions of subsection (iii) of Article (80) of the Constitution and the item (I) of Article (30) of the Investment Law No. (13) for the year 2006
Issued the following order: No. (2) for the year 2009
Investment system
Chapter One
Scope of Application
Article 1 shall apply to this system:
First - Persons wishing to invest after obtaining investment licenses issued in accordance with the provisions of the Investment Law No. (13) for the year 2006, whether they are individuals or companies or organizations, or any other legal person.
Secondly - investment activities in all areas with the exception of investments stipulated in Article (29) of the Investment Law.
Type of Law: Regulations
Date Issued: 2 Mar 2009
Date Published: 2 Mar 2009
Status: In force
Summary:
----------------
According to the provisions of subsection (iii) of Article (80) of the Constitution and the item (I) of Article (30) of the Investment Law No. (13) for the year 2006
Issued the following order: No. (2) for the year 2009
Investment system
Chapter One
Scope of Application
Article 1 shall apply to this system:
First - Persons wishing to invest after obtaining investment licenses issued in accordance with the provisions of the Investment Law No. (13) for the year 2006, whether they are individuals or companies or organizations, or any other legal person.
Secondly - investment activities in all areas with the exception of investments stipulated in Article (29) of the Investment Law.
Thirdly - investment projects that capital is not less than (250,000) two hundred and fifty thousand dollars or the equivalent in Iraqi dinars.
Article -2 -
The provisions of Article (1) of this system on the existing projects and working before the enforcement of the law provided that the following actions:
First - Air conditions of the project in accordance with the provisions of the Investment Law.
Secondly - the application of project management to the Commission.
First Article 3 - The Commission shall decide on the request set forth in item (ii) of Article (2) of this system during the ten (10) days from the date of submission to it.
Secondly - if she refused Authority registration application then the one whose demand that the appeal in front of the body that issued or imam of the body that are associated during the ten (10) days from the date of notification to reject the request and it must decide on the appeal within thirty (30) days from the date of registration of the complaint to have.
III if the appeal is rejected or lapsed period stipulated in item (ii) of this article without considering grievance, he may appeal against it according to the law.
Chapter II
Functions and terms of reference of the Commission
Article 4 first - specializes in the National Investment Commission problem item (First) of Article (4)
Investment Act of strategic investment projects of a federal nature exclusively.
Second - The following investment projects Mcharie nature federal strategy:
A related infrastructure projects that capital is not less for (50000000) fifty million USD or its equivalent in Iraqi dinars.
(B) joint ventures between more than one province or territory irregularly in the territory.
(C) projects related to the extraction of natural resources, taking into account the provisions of Article (29) of the Investment Law.
(D) projects that arise under the Convention on the Republic of Iraq is a party.
(E) projects engineering, metallurgical and petrochemical, pharmaceutical, manufacturing and production of different wheels on that capital is not less for (50000000) fifty million USD or equivalent in Iraqi dinars.
(F) development projects archaeological and historical areas.
(G) transport projects such as roads, ports, airports and railways that capital is not less for (30000000) thirty million USD or equivalent in Iraqi dinars.
(H) projects that electricity production capacity of not less than (30) thirty megawatts.
(I) projects, reservoirs, dams and irrigation projects that are not less than the irrigated area for them (20,000) twenty thousand acres.
J projects related to telecommunications.
(K) projects that capital is not less about (1000000000) billion dollars or its equivalent in Iraqi dinars.
Pw any other projects the cabinet decides mind the strategic nature federal.
Article -5- The Board of Directors of the National Investment Commission the following tasks: -
First - a policy strategy and national public investment and the development of plans and systems and controls her.
Second - determine the necessary measures to control, monitor and evaluate the performance of investment projects through committees formed for this purpose.
Thirdly - identify the most important investment sectors.
Fourthly - preparation MAP investment projects in the Republic of Iraq in light of the information that is obtained from the bodies of investment in the region or the province is not organized in a region and for the Council to coordinate with relevant ministries to prepare this map.
Fifthly - prepare lists of investment opportunities in strategic investment projects with
Federal character.
VI identify developmental areas for investment projects.
VII areas safe investment proposal and presented to the Cabinet for approval.
VIII - the formation of standing committees shall conduct the work in the body.
Chapter III
Administrative structure of the body
First Article 6 - heads the National Investment Commission employees have the rank of minister responsible for implementing the policy and functions.
Secondly - the head of the National Investment Commission Vice-degree Undersecretary of the Ministry practiced tasks stipulated in the rules of procedure of the Commission.
Article -7- composed the National Investment Commission of the following configurations: -
I. Legal Department and administrative
Secondly - the economic circle.
Thirdly - Relations Department, promotion and media.
Fourthly - circle the single window and investor services.
Fifthly - Department of Control and Internal Audit.
VI - Department of Information Technology.
Section VII coordination with the provinces.
Eighth - Office of the President of the Commission.
Article first -8- - runs circles stipulated in Article (7) of this system employee entitled director general holds a college degree and at least in a preliminary experienced and competent service in the field and has done for at least (15) fifteen years.
Secondly - runs the department control, internal audit and information technology department and the Department of coordination with the provinces and the Office of the President of the Commission provided for in items (V) and (VI) and (VII) and (VIII) of Article (7) of this system employee entitled manager holds a At least in the initial university is experienced and competent service in the field and has done for at least (8) eight years.
Article -9- specify configurations tasks stipulated in Article (7) of this system and the system of internal divisions issued by the Council of Ministers.
Article -10 - of the Council of the province and the province that are not incorporated in the province to ask the candidates for the presidency or membership Palmsthompskat Investment Authority to provide him with the necessary backing to provide the conditions set forth in clause (ii) of Article (5) of the Investment Law.
Article 11 first - is the investment in the region or the province that are not incorporated in the province of the circle.
Secondly - A body runs set forth in item (i) of this Article, an employee entitled General Manager, holds a university degree in the least is experienced and competent.
(B) the Vice Chairman of the Commission entitled assistant general manager holds a university degree in the least is experienced and competent.
Article -12- manages the region or the province that are not incorporated in the province of the Board of Directors determines the workflow system in which internal issued by the Authority.
Article -13- take into account the provisions of paragraph (c) of Article (7) of the Investment Law in granting investment licenses for projects that require obtaining the approval of the Council of Ministers.
Article -14 - First - is allocated or lease of real estate projects necessary for the establishment of an agreement between the investor and the property owner or the owner's right to dispose of it.
Second body is working to facilitate the allocation of property necessary for the establishment of projects in coordination with the Ministries of Finance and Defense, Agriculture and Municipalities and Public Works with any other hand-related.
Thirdly - guided by the body when compared to determine the allocation and leasing of real estate controls, estimates and prices applicable from those set forth in item (ii) of this article and it may determine versus customization without resorting to public auction in coordination with the relevant authorities.
Fourth - the body that assisted by experts from government agencies and consulted in determining the true value of the land.
Fifth - the competent authorities received the land allocated for the project to the investor during a maximum period of (30) thirty days from the date of allotment.
VI sensitive body in the housing projects stipulated in Article (10) of the Investment Law allocation of land in any way does not claim to ownership transfer and paid appropriately to ensure the reduction of the cost to the investor and the way that leads to a reduction in prices of residential units when sold to the Iraqis after the completion of the project.
Seventh - refrain investor speculation on land allocated for the establishment of his investment project.
Article - 15 - I. - The Commission shall, in coordination with the Ministry of Finance allocated in the general budget annually for the granting of soft loans and financial facilities by government banks for Iraqi investors obtaining investment licenses under the Investment Law.
Secondly - the investor is committed to winning Iraqi loans and financial facilities that use Iraqi workers unemployed is directly proportional to the size of those loans and facilities.
Chapter IV
Privileges granted to the investor
Article - 16 - first - that the investor gets more of an investment license to practice his investment in a particular sector or different sectors.
Secondly - the investor that buys investment projects of local or foreign currency obtained an investment license under the provisions of the Investment Law or contributed to it, without speculation flattened and in accordance with the law.
Chapter V
Obligations of the investor
Article - 17 - the investor is committed to the provisions contained in the bookkeeping system business (2) for the year 1985 for income tax purposes.
Article - 18 - extended determine the extinction of imported materials for the project in accordance with the provisions of extinction System No. (9) for the year 1994 including:
First - the adoption of the historical value of fixed assets as a basis for calculating the extinction.
Secondly - extinguishing pre-operating expenses arising from the commercial and experimental operation of the projects during a maximum period of (10) ten years or the useful life of the project, whichever is less.
Thirdly - considered the beginning of the first month following the date of the direct use of any of the assets is the basic history of calculating the premium extinction, which must be divided on a proportional division of the remaining months of the fiscal year.
Fourthly - Alandtharat calculated on the fixed assets of the project from the start of commercial operation.
Article - 19 - First - the investor is committed to the timetable set forth in item (vii) of Article (14) of the Investment Law.
Secondly - if the investor breached the provisions in paragraph (i) of this Article, pay a fine proportional to the amount of Takhiria directly proportional to the length of the time-lag that not more than (10%) of ten percent of the capital of the project with the body retain the right to withdraw the license .
Article - 20 - the investor is committed to staff training and rehabilitation of Iraq and to increase their skills and raise their skills under contracts include stages of training interns and obligations according to the provisions of Article (27) of the Labour Law No. (71) for the year 1987.
Article - 21 - match the standards take into account the investor's products and production processes for projects covered by the specifications and standards applicable in the Republic of Iraq and to the International Standards Organization ISO or local standards of the EU and in accordance with Iraqi laws.
Article - 22 - the investor is committed to the project owner transferred from one area to the area of developmental developmental Other notify the National Investment Commission to go through this thirty (30) days from the date of transition.
Article -23 - First - The owner of the investment project, which has been expanded or developed so notify the Commission within (30) thirty days from the date of completion of the expansion or for development.
Secondly - if required to expand the project to use facilities located in areas subject to the Investment Commission of Other Vllmstthmr to submit request for extension to the body that held the project within the region and requesting turn of the body that are located such facilities within the region to provide the necessary facilities for the granting of licenses according to legal procedures.
Article -24 - Investor undertakes to pay interest prescribed by the law with taxes, fees and fines, if achieved one of the cases provided for in Article (18) of the Investment Law.
Chapter VI
Procedures for granting investment license
Article -25- granted investment license for the investor according to the following: -
First - A request to obtain the license to a single window comprising representatives from the ministries and other relevant authorities.
(B) authorizes the delegates referred to in paragraph (a) of this item authority to take the necessary decisions to grant the investment license.
Secondly - A fill in an application form and the investment license information form prepared by the Commission and signed by the investor or authorized by law.
(B) Attach the archives of the following: -
1- efficient financial support from an accredited bank.
2 projects implemented by the investor.
3 study of economic and technical feasibility of the initial project.
4 timetable for the stages of completion of the project.
(C) may be submitted archives set forth in paragraphs (a) and (b) of this item and the usual electronic means that a student has received that granting the license archives within two days from the date of receipt.
Thirdly - the head of the National Investment Commission to appoint delegates to the body in the region and the province is part of a region to examine and audit the requests of investors in strategic projects and approached the ministries and departments concerned to obtaining approvals in accordance with the procedures and periods stipulated by law.
Fourthly - specializes in single-window in the National Investment Commission to consider the investment applications submitted to the delegates in the region or province is not organized in a region and the applications submitted to it directly for projects located in areas where the bodies did not constitute an investment and has no delegates to the body.
Fifthly - starts calculating the time period set for investment license from the date of receipt of the single window to the investor's request, the show that demand is incomplete, the calculation period starts from the date of completion of the shortfall.
VI - practiced by representatives of the ministries and departments concerned in their work and their ministries or in the offices of the Authority, as determined by the Commission in this matter for the purpose of facilitating the procedures of granting the license, and for them to attend the meetings of the Commission on the basis of invited officials from the Authority.
VII - The Board shall prepare a model for the investment license shall fill it and publish it for the purpose of enabling the investor to benefit from the advantages and guarantees established in the Investment Law.
Article -26 -
Adherence to the National Investment Commission to register the record of investors who have an investment license according to the form prepared for this purpose filled and delivered to the investor body directly or by electronic means or by delegates in the region or province that are not incorporated in the territory or window to the body.
Chapter VII
Objections
Article -27 - First - (a) the applicant who refused the appeal of the rejection decision before the Board of Directors of the National Investment Commission during the ten (10) days from the date of notification of the decision of rejection of fact or judgment.
(B) to constitute a committee headed by the Chairman of the Board or his nominee and two of its board members, one representative from the private sector to consider the grievance.
(C) a decision of the Governing Council or the committee formed in paragraph (b) of this item on the appeal within (15) fifteen days from the date of submission and is not deciding grievance rejected him.
Secondly - the complainant, who refused to appeal against a ruling that Hakikhao object in front of the Prime Minister during the ten (10) days from the date of notification of the appeal rejection.
Thirdly - pending the Prime Minister in objection within thirty (30) days from the date of submission and is not to decide the objection within the period mentioned rejection of the grievance.
Fourthly - objector who has been denied his objection to the fact that the judgment or appeal the rejection decision before the Administrative Court.
Article - 28 - Prime Minister pending dispute set forth in item (iii) of Article (20) of the Investment Law within a period not to exceed thirty (30) days from the date of filing the dispute and it is not to decide the controversy refused to ask for incorporation.
Article - 29 - First - investment license to the applicant who has been denied his request that the appeal before the President of the region or province is not organized in a region concerned exclusively through the (15) fifteen days from the date of notification of the rejection decision.
Secondly - the student leave the investment appeal of the decisions of the Commission with the exception of the decision to reject incorporation in front of the body.
Thirdly - a - to the chief of the region or province is part of a region to decide on the appeal within seven (7) days from the date of registration of the complaint in his office and is the expiration of the said period without deciding grievance rejected him.
B objector who refused his objection to appeal the rejection decision before the Administrative Court.
Fourth - the complainant, who refused his grievance from the concerned authority that are connected by body region or province is not organized in a region that challenged the rejection decision before the Administrative Court.
Chapter VIII
General Provisions
Article - 30 - when you take into account the authority to grant investment license to the investor Mayati:
-
First - the size of the local labor that not less than (50%) of fifty percent of the total labor used in the project.
Secondly - the use of an advanced level of modern technology.
Thirdly - the use of local raw materials.
Fourthly - fill the need of the local products of the project.
Article - 31 - for the investor to sell assets are exempt from taxes and duties or assign them to another investor benefiting from the provisions of the Investment Law through an application submitted to the Commission and the Commission to decide on the request within (15) fifteen days from the date of submission.
Article - 32 - for the investor that the re-export of assets are exempt from taxes and fees after obtaining the approval of the Authority through an application submitted to it for decision during the thirty (30) days from the date of submission.
Article - 33 - the investor enjoys the benefits prescribed in international conventions, bilateral or multilateral agreements and abide by its obligations under if Iraq and the State of the investor parties.
Article - 34 - I. - The Authority alerted investor violator to tighten the system to remove the violation within thirty (30) days from the date of notification of alarm.
Secondly - for the grace investor offending other period not to exceed thirty (30) days from the date of the end of the first period.
Thirdly - If you do not remove the violation and the expiration of the period stipulated in clauses (i) and (ii) of this Article, the investor pays the fine the violator The delay set forth in item (ii) of Article (20) of this system with no prejudice to any compensation is given in other laws.
Article 35 - shall not be granted leave to invest in one of the following cases:
First - if the investor breached any of the obligations set forth in Chapter IV of the investment law more than once.
Secondly - if it is proved to commit a crime involving moral turpitude investor within the Republic of Iraq or abroad.
Thirdly - if it causes any investor breaching a bilateral agreement or international treaty, Iraq is a party.
Article - 36 - applied to the investor tightly covered by this system of sanctions stipulated
In laws if it is found that the date of commencement of commercial production, which I feel the body is incorrect.
Edit item (iii) of this article under the First Amendment of the investment system No. (6) for the year 2014
Article - 37. holds the body as follows:
First - determine the date of commencement of commercial operation and in order to have access to the necessary documents and field visits to determine that.
Secondly - Media General Commission for Taxes and other relevant authorities on the start of commercial operation.
Thirdly - granting investment licenses for investment projects located in the region or the province is part of a region and where there is no body or investment unfinished lineup where the Board of Directors after the passage of (45) forty-five days to the expiration of the membership of the board of directors.
Fourthly - adjustment of the minimum capital project covered tightly investment law in the light of changes in the level of inflation and exchange rates or any other reasons that you see on the aggregated approval of the Council of Ministers on this amendment.
Fifthly - adjustment of the minimum capital of some of the projects the exception of the provisions of clause (iii) of Article (1) of this system and in line with the strategic plan after obtaining the approval of the Council of Ministers on the amendment.
Article - 38 - for the investor to object to the decision of the required date of commencement of commercial operation before the President of the Commission within ten (10) days from the date of Althblg him and the Chairman of the Commission to decide on the objection within (15) fifteen days from the date of its receipt.
Article - 39. body is a report on the extent and nature of the project feasibility and the interest generated by the national economy to take advantage of it when determining the duration of leasing or renewal.
Article - 40 - may issue instructions and internal systems to facilitate the implementation of the provisions of this Regulation.
Article - 41 - this system is implemented from the date of its publication in the Official Gazette.
Nuri Kamal al-Maliki
Prime Minister
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Original Document:
Investment system (2) for the year 2009
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Back references from Related Legal Documents in Original Document:
Rules of Procedure No. (4) for the year 2013, the formations of the National Investment
16 Jan 2014 - 11:49 pm Source http://translate.google.com/translate?depth=1&hl=en&rurl=translate.google.com&sandbox=0&sl=ar&tl=en&u=http://www.iraq-lg-law.org/ar/content/%25D8%25A7%25D9%2584%25D9%2586%25D8%25B8%25D8%25A7%25D9%2585-%25D8%25A7%25D9%2584%25D8%25AF%25D8%25A7%25D8%25AE%25D9%2584%25D9%258A-%25D8%25B1%25D9%2582%25D9%2585-4-%25D9%2584%25D8%25B3%25D9%2586%25D8%25A9-2013-%25D9%2584%25D8%25AA%25D8%25B4%25D9%2583%25D9%258A%25D9%2584%25D8%25A7%25D8%25AA-%25D8%25A7%25D9%2584%25D9%2587%25D9%258A%25D8%25A6%25D8%25A9-%25D8%25A7%25D9%2584%25D9%2588%25D8%25B7%25D9%2586%25D9%258A%25D8%25A9-%25D9%2584%25D9%2584%25D8%25A7%25D8%25B3%25D8%25AA%25D8%25AB%25D9%2585%25D8%25A7%25D8%25B1
Rules of Procedure No. (4) of 2009 to the workflow in the Board of Directors of the National Investment
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Article -2 -
The provisions of Article (1) of this system on the existing projects and working before the enforcement of the law provided that the following actions:
First - Air conditions of the project in accordance with the provisions of the Investment Law.
Secondly - the application of project management to the Commission.
First Article 3 - The Commission shall decide on the request set forth in item (ii) of Article (2) of this system during the ten (10) days from the date of submission to it.
Secondly - if she refused Authority registration application then the one whose demand that the appeal in front of the body that issued or imam of the body that are associated during the ten (10) days from the date of notification to reject the request and it must decide on the appeal within thirty (30) days from the date of registration of the complaint to have.
III if the appeal is rejected or lapsed period stipulated in item (ii) of this article without considering grievance, he may appeal against it according to the law.
Chapter II
Functions and terms of reference of the Commission
Article 4 first - specializes in the National Investment Commission problem item (First) of Article (4)
Investment Act of strategic investment projects of a federal nature exclusively.
Second - The following investment projects Mcharie nature federal strategy:
A related infrastructure projects that capital is not less for (50000000) fifty million USD or its equivalent in Iraqi dinars.
(B) joint ventures between more than one province or territory irregularly in the territory.
(C) projects related to the extraction of natural resources, taking into account the provisions of Article (29) of the Investment Law.
(D) projects that arise under the Convention on the Republic of Iraq is a party.
(E) projects engineering, metallurgical and petrochemical, pharmaceutical, manufacturing and production of different wheels on that capital is not less for (50000000) fifty million USD or equivalent in Iraqi dinars.
(F) development projects archaeological and historical areas.
(G) transport projects such as roads, ports, airports and railways that capital is not less for (30000000) thirty million USD or equivalent in Iraqi dinars.
(H) projects that electricity production capacity of not less than (30) thirty megawatts.
(I) projects, reservoirs, dams and irrigation projects that are not less than the irrigated area for them (20,000) twenty thousand acres.
J projects related to telecommunications.
(K) projects that capital is not less about (1000000000) billion dollars or its equivalent in Iraqi dinars.
Pw any other projects the cabinet decides mind the strategic nature federal.
Article -5- The Board of Directors of the National Investment Commission the following tasks: -
First - a policy strategy and national public investment and the development of plans and systems and controls her.
Second - determine the necessary measures to control, monitor and evaluate the performance of investment projects through committees formed for this purpose.
Thirdly - identify the most important investment sectors.
Fourthly - preparation MAP investment projects in the Republic of Iraq in light of the information that is obtained from the bodies of investment in the region or the province is not organized in a region and for the Council to coordinate with relevant ministries to prepare this map.
Fifthly - prepare lists of investment opportunities in strategic investment projects with
Federal character.
VI identify developmental areas for investment projects.
VII areas safe investment proposal and presented to the Cabinet for approval.
VIII - the formation of standing committees shall conduct the work in the body.
Chapter III
Administrative structure of the body
First Article 6 - heads the National Investment Commission employees have the rank of minister responsible for implementing the policy and functions.
Secondly - the head of the National Investment Commission Vice-degree Undersecretary of the Ministry practiced tasks stipulated in the rules of procedure of the Commission.
Article -7- composed the National Investment Commission of the following configurations: -
I. Legal Department and administrative
Secondly - the economic circle.
Thirdly - Relations Department, promotion and media.
Fourthly - circle the single window and investor services.
Fifthly - Department of Control and Internal Audit.
VI - Department of Information Technology.
Section VII coordination with the provinces.
Eighth - Office of the President of the Commission.
Article first -8- - runs circles stipulated in Article (7) of this system employee entitled director general holds a college degree and at least in a preliminary experienced and competent service in the field and has done for at least (15) fifteen years.
Secondly - runs the department control, internal audit and information technology department and the Department of coordination with the provinces and the Office of the President of the Commission provided for in items (V) and (VI) and (VII) and (VIII) of Article (7) of this system employee entitled manager holds a At least in the initial university is experienced and competent service in the field and has done for at least (8) eight years.
Article -9- specify configurations tasks stipulated in Article (7) of this system and the system of internal divisions issued by the Council of Ministers.
Article -10 - of the Council of the province and the province that are not incorporated in the province to ask the candidates for the presidency or membership Palmsthompskat Investment Authority to provide him with the necessary backing to provide the conditions set forth in clause (ii) of Article (5) of the Investment Law.
Article 11 first - is the investment in the region or the province that are not incorporated in the province of the circle.
Secondly - A body runs set forth in item (i) of this Article, an employee entitled General Manager, holds a university degree in the least is experienced and competent.
(B) the Vice Chairman of the Commission entitled assistant general manager holds a university degree in the least is experienced and competent.
Article -12- manages the region or the province that are not incorporated in the province of the Board of Directors determines the workflow system in which internal issued by the Authority.
Article -13- take into account the provisions of paragraph (c) of Article (7) of the Investment Law in granting investment licenses for projects that require obtaining the approval of the Council of Ministers.
Article -14 - First - is allocated or lease of real estate projects necessary for the establishment of an agreement between the investor and the property owner or the owner's right to dispose of it.
Second body is working to facilitate the allocation of property necessary for the establishment of projects in coordination with the Ministries of Finance and Defense, Agriculture and Municipalities and Public Works with any other hand-related.
Thirdly - guided by the body when compared to determine the allocation and leasing of real estate controls, estimates and prices applicable from those set forth in item (ii) of this article and it may determine versus customization without resorting to public auction in coordination with the relevant authorities.
Fourth - the body that assisted by experts from government agencies and consulted in determining the true value of the land.
Fifth - the competent authorities received the land allocated for the project to the investor during a maximum period of (30) thirty days from the date of allotment.
VI sensitive body in the housing projects stipulated in Article (10) of the Investment Law allocation of land in any way does not claim to ownership transfer and paid appropriately to ensure the reduction of the cost to the investor and the way that leads to a reduction in prices of residential units when sold to the Iraqis after the completion of the project.
Seventh - refrain investor speculation on land allocated for the establishment of his investment project.
Article - 15 - I. - The Commission shall, in coordination with the Ministry of Finance allocated in the general budget annually for the granting of soft loans and financial facilities by government banks for Iraqi investors obtaining investment licenses under the Investment Law.
Secondly - the investor is committed to winning Iraqi loans and financial facilities that use Iraqi workers unemployed is directly proportional to the size of those loans and facilities.
Chapter IV
Privileges granted to the investor
Article - 16 - first - that the investor gets more of an investment license to practice his investment in a particular sector or different sectors.
Secondly - the investor that buys investment projects of local or foreign currency obtained an investment license under the provisions of the Investment Law or contributed to it, without speculation flattened and in accordance with the law.
Chapter V
Obligations of the investor
Article - 17 - the investor is committed to the provisions contained in the bookkeeping system business (2) for the year 1985 for income tax purposes.
Article - 18 - extended determine the extinction of imported materials for the project in accordance with the provisions of extinction System No. (9) for the year 1994 including:
First - the adoption of the historical value of fixed assets as a basis for calculating the extinction.
Secondly - extinguishing pre-operating expenses arising from the commercial and experimental operation of the projects during a maximum period of (10) ten years or the useful life of the project, whichever is less.
Thirdly - considered the beginning of the first month following the date of the direct use of any of the assets is the basic history of calculating the premium extinction, which must be divided on a proportional division of the remaining months of the fiscal year.
Fourthly - Alandtharat calculated on the fixed assets of the project from the start of commercial operation.
Article - 19 - First - the investor is committed to the timetable set forth in item (vii) of Article (14) of the Investment Law.
Secondly - if the investor breached the provisions in paragraph (i) of this Article, pay a fine proportional to the amount of Takhiria directly proportional to the length of the time-lag that not more than (10%) of ten percent of the capital of the project with the body retain the right to withdraw the license .
Article - 20 - the investor is committed to staff training and rehabilitation of Iraq and to increase their skills and raise their skills under contracts include stages of training interns and obligations according to the provisions of Article (27) of the Labour Law No. (71) for the year 1987.
Article - 21 - match the standards take into account the investor's products and production processes for projects covered by the specifications and standards applicable in the Republic of Iraq and to the International Standards Organization ISO or local standards of the EU and in accordance with Iraqi laws.
Article - 22 - the investor is committed to the project owner transferred from one area to the area of developmental developmental Other notify the National Investment Commission to go through this thirty (30) days from the date of transition.
Article -23 - First - The owner of the investment project, which has been expanded or developed so notify the Commission within (30) thirty days from the date of completion of the expansion or for development.
Secondly - if required to expand the project to use facilities located in areas subject to the Investment Commission of Other Vllmstthmr to submit request for extension to the body that held the project within the region and requesting turn of the body that are located such facilities within the region to provide the necessary facilities for the granting of licenses according to legal procedures.
Article -24 - Investor undertakes to pay interest prescribed by the law with taxes, fees and fines, if achieved one of the cases provided for in Article (18) of the Investment Law.
Chapter VI
Procedures for granting investment license
Article -25- granted investment license for the investor according to the following: -
First - A request to obtain the license to a single window comprising representatives from the ministries and other relevant authorities.
(B) authorizes the delegates referred to in paragraph (a) of this item authority to take the necessary decisions to grant the investment license.
Secondly - A fill in an application form and the investment license information form prepared by the Commission and signed by the investor or authorized by law.
(B) Attach the archives of the following: -
1- efficient financial support from an accredited bank.
2 projects implemented by the investor.
3 study of economic and technical feasibility of the initial project.
4 timetable for the stages of completion of the project.
(C) may be submitted archives set forth in paragraphs (a) and (b) of this item and the usual electronic means that a student has received that granting the license archives within two days from the date of receipt.
Thirdly - the head of the National Investment Commission to appoint delegates to the body in the region and the province is part of a region to examine and audit the requests of investors in strategic projects and approached the ministries and departments concerned to obtaining approvals in accordance with the procedures and periods stipulated by law.
Fourthly - specializes in single-window in the National Investment Commission to consider the investment applications submitted to the delegates in the region or province is not organized in a region and the applications submitted to it directly for projects located in areas where the bodies did not constitute an investment and has no delegates to the body.
Fifthly - starts calculating the time period set for investment license from the date of receipt of the single window to the investor's request, the show that demand is incomplete, the calculation period starts from the date of completion of the shortfall.
VI - practiced by representatives of the ministries and departments concerned in their work and their ministries or in the offices of the Authority, as determined by the Commission in this matter for the purpose of facilitating the procedures of granting the license, and for them to attend the meetings of the Commission on the basis of invited officials from the Authority.
VII - The Board shall prepare a model for the investment license shall fill it and publish it for the purpose of enabling the investor to benefit from the advantages and guarantees established in the Investment Law.
Article -26 -
Adherence to the National Investment Commission to register the record of investors who have an investment license according to the form prepared for this purpose filled and delivered to the investor body directly or by electronic means or by delegates in the region or province that are not incorporated in the territory or window to the body.
Chapter VII
Objections
Article -27 - First - (a) the applicant who refused the appeal of the rejection decision before the Board of Directors of the National Investment Commission during the ten (10) days from the date of notification of the decision of rejection of fact or judgment.
(B) to constitute a committee headed by the Chairman of the Board or his nominee and two of its board members, one representative from the private sector to consider the grievance.
(C) a decision of the Governing Council or the committee formed in paragraph (b) of this item on the appeal within (15) fifteen days from the date of submission and is not deciding grievance rejected him.
Secondly - the complainant, who refused to appeal against a ruling that Hakikhao object in front of the Prime Minister during the ten (10) days from the date of notification of the appeal rejection.
Thirdly - pending the Prime Minister in objection within thirty (30) days from the date of submission and is not to decide the objection within the period mentioned rejection of the grievance.
Fourthly - objector who has been denied his objection to the fact that the judgment or appeal the rejection decision before the Administrative Court.
Article - 28 - Prime Minister pending dispute set forth in item (iii) of Article (20) of the Investment Law within a period not to exceed thirty (30) days from the date of filing the dispute and it is not to decide the controversy refused to ask for incorporation.
Article - 29 - First - investment license to the applicant who has been denied his request that the appeal before the President of the region or province is not organized in a region concerned exclusively through the (15) fifteen days from the date of notification of the rejection decision.
Secondly - the student leave the investment appeal of the decisions of the Commission with the exception of the decision to reject incorporation in front of the body.
Thirdly - a - to the chief of the region or province is part of a region to decide on the appeal within seven (7) days from the date of registration of the complaint in his office and is the expiration of the said period without deciding grievance rejected him.
B objector who refused his objection to appeal the rejection decision before the Administrative Court.
Fourth - the complainant, who refused his grievance from the concerned authority that are connected by body region or province is not organized in a region that challenged the rejection decision before the Administrative Court.
Chapter VIII
General Provisions
Article - 30 - when you take into account the authority to grant investment license to the investor Mayati:
-
First - the size of the local labor that not less than (50%) of fifty percent of the total labor used in the project.
Secondly - the use of an advanced level of modern technology.
Thirdly - the use of local raw materials.
Fourthly - fill the need of the local products of the project.
Article - 31 - for the investor to sell assets are exempt from taxes and duties or assign them to another investor benefiting from the provisions of the Investment Law through an application submitted to the Commission and the Commission to decide on the request within (15) fifteen days from the date of submission.
Article - 32 - for the investor that the re-export of assets are exempt from taxes and fees after obtaining the approval of the Authority through an application submitted to it for decision during the thirty (30) days from the date of submission.
Article - 33 - the investor enjoys the benefits prescribed in international conventions, bilateral or multilateral agreements and abide by its obligations under if Iraq and the State of the investor parties.
Article - 34 - I. - The Authority alerted investor violator to tighten the system to remove the violation within thirty (30) days from the date of notification of alarm.
Secondly - for the grace investor offending other period not to exceed thirty (30) days from the date of the end of the first period.
Thirdly - If you do not remove the violation and the expiration of the period stipulated in clauses (i) and (ii) of this Article, the investor pays the fine the violator The delay set forth in item (ii) of Article (20) of this system with no prejudice to any compensation is given in other laws.
Article 35 - shall not be granted leave to invest in one of the following cases:
First - if the investor breached any of the obligations set forth in Chapter IV of the investment law more than once.
Secondly - if it is proved to commit a crime involving moral turpitude investor within the Republic of Iraq or abroad.
Thirdly - if it causes any investor breaching a bilateral agreement or international treaty, Iraq is a party.
Article - 36 - applied to the investor tightly covered by this system of sanctions stipulated
In laws if it is found that the date of commencement of commercial production, which I feel the body is incorrect.
Edit item (iii) of this article under the First Amendment of the investment system No. (6) for the year 2014
Article - 37. holds the body as follows:
First - determine the date of commencement of commercial operation and in order to have access to the necessary documents and field visits to determine that.
Secondly - Media General Commission for Taxes and other relevant authorities on the start of commercial operation.
Thirdly - granting investment licenses for investment projects located in the region or the province is part of a region and where there is no body or investment unfinished lineup where the Board of Directors after the passage of (45) forty-five days to the expiration of the membership of the board of directors.
Fourthly - adjustment of the minimum capital project covered tightly investment law in the light of changes in the level of inflation and exchange rates or any other reasons that you see on the aggregated approval of the Council of Ministers on this amendment.
Fifthly - adjustment of the minimum capital of some of the projects the exception of the provisions of clause (iii) of Article (1) of this system and in line with the strategic plan after obtaining the approval of the Council of Ministers on the amendment.
Article - 38 - for the investor to object to the decision of the required date of commencement of commercial operation before the President of the Commission within ten (10) days from the date of Althblg him and the Chairman of the Commission to decide on the objection within (15) fifteen days from the date of its receipt.
Article - 39. body is a report on the extent and nature of the project feasibility and the interest generated by the national economy to take advantage of it when determining the duration of leasing or renewal.
Article - 40 - may issue instructions and internal systems to facilitate the implementation of the provisions of this Regulation.
Article - 41 - this system is implemented from the date of its publication in the Official Gazette.
Nuri Kamal al-Maliki
Prime Minister
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Original Document:
Investment system (2) for the year 2009
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Back references from Related Legal Documents in Original Document:
Rules of Procedure No. (4) for the year 2013, the formations of the National Investment
16 Jan 2014 - 11:49 pm Source http://translate.google.com/translate?depth=1&hl=en&rurl=translate.google.com&sandbox=0&sl=ar&tl=en&u=http://www.iraq-lg-law.org/ar/content/%25D8%25A7%25D9%2584%25D9%2586%25D8%25B8%25D8%25A7%25D9%2585-%25D8%25A7%25D9%2584%25D8%25AF%25D8%25A7%25D8%25AE%25D9%2584%25D9%258A-%25D8%25B1%25D9%2582%25D9%2585-4-%25D9%2584%25D8%25B3%25D9%2586%25D8%25A9-2013-%25D9%2584%25D8%25AA%25D8%25B4%25D9%2583%25D9%258A%25D9%2584%25D8%25A7%25D8%25AA-%25D8%25A7%25D9%2584%25D9%2587%25D9%258A%25D8%25A6%25D8%25A9-%25D8%25A7%25D9%2584%25D9%2588%25D8%25B7%25D9%2586%25D9%258A%25D8%25A9-%25D9%2584%25D9%2584%25D8%25A7%25D8%25B3%25D8%25AA%25D8%25AB%25D9%2585%25D8%25A7%25D8%25B1
Rules of Procedure No. (4) of 2009 to the workflow in the Board of Directors of the National Investment
23 Jun 2011 - 1:47 pm [You must be registered and logged in to see this link.] http://translate.google.com/translate?depth=1&hl=en&rurl=translate.google.com&sandbox=0&sl=ar&tl=en&u=http://www.iraq-lg-law.org/ar/content/%25D8%25A7%25D9%2584%25D9%2586%25D8%25B8%25D8%25A7%25D9%2585-%25D8%25A7%25D9%2584%25D8%25AF%25D8%25A7%25D8%25AE%25D9%2584%25D9%258A-%25D8%25B1%25D9%2582%25D9%2585-4-%25D9%2584%25D8%25B3%25D9%2586%25D8%25A9-2009-%25D9%2584%25D8%25B3%25D9%258A%25D8%25B1-%25D8%25A7%25D9%2584%25D8%25B9%25D9%2585%25D9%2584-%25D9%2581%25D9%258A-%25D9%2585%25D8%25AC%25D9%2584%25D8%25B3-%25D8%25A7%25D8%25AF%25D8%25A7%25D8%25B1%25D8%25A9-%25D8%25A7%25D9%2584%25D9%2587%25D9%258A%25D8%25A6%25D8%25A9-%25D8%25A7%25D9%2584%25D9%2588%25D8%25B7%25D9%2586%25D9%258A%25D8%25A9-%25D9%2584%25D9%2584%25D8%25A7%25D8%25B3%25D8%25AA%25D8%25AB%25D9%2585%25D8%25A7%25D8%25B1
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