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[size=38]The Council of Ministers approves the draft Islamic investment sukuk law and refers it to Parliament[/size]
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December 12, 2023[You must be registered and logged in to see this link.]
Baghdad/Al-Masala Event: Prime Minister Muhammad Shiaa Al-Sudani chaired the fiftieth regular session of the Council of Ministers, during which the general situation in the country was discussed, in various political, service and economic aspects, in addition to following up on the implementation of the government program, reviewing the decisions on the agenda, and making decisions and recommendations. about it.
In preparation for holding the governorate council elections, the Prime Minister directed that official working hours be suspended on Monday and Tuesday, corresponding to (18 and 19) December 2023.
In order to address the issue of water scarcity and adherence to the agricultural and water plan, the Prime Minister directed the following:
1. The Ministry of Foreign Affairs communicated with its Turkish counterpart regarding increasing water releases to Iraq.
2. The Ministry of Water Resources forms teams to organize the irrigation process in areas suffering from a critical water situation.
3. The Joint Operations Command follows up on trespassers in areas that witness cases of trespassing and non-compliance with marshals.
Based on the services provided by the government electronic communication team through the (Among Our People) initiative to the most vulnerable and fragile groups in society, through its field work and periodic visits to remote areas and slums, the Prime Minister directed all ministries, especially service ones, to provide financial support and the necessary resources necessary. To enhance the team’s capabilities, improve its immediate and rapid response to groups in need, and ensure that the team’s needs are included in the annual work plans of the relevant ministries.
In order to complete the implementation of Council of Ministers Resolution No. (23620) of 2023 regarding defining the roles and tasks of government agencies, the Central Bank of Iraq, banks, unions and federations, in order to achieve streamlined implementation of the procedures for implementing the electronic point of sale (POS) system and raise the level of preparedness of all parties, in a way that contributes to To serve citizens, the Prime Minister directed the following:
1- A statement by the Legal Department in the General Secretariat of the Council of Ministers of its procedures regarding the legislation of the electronic payment system, which requires completion and presentation to the State Council for scrutiny, and to be presented in the next Council of Ministers session; For the purpose of approving its issuance.
2 - The Department of Cabinet Affairs and Committees is committed to following up on the implementation of Cabinet Resolution No. (23620) of 2023 with all parties to whom the above resolution was addressed (on the ground), and submitting a detailed report during each Cabinet session to demonstrate the level of commitment and progress in fully implementing the above resolution. , which contributes to accelerating the completion of its implementation.
3- Statement of the level of implementation related to the installation of electronic payment system devices, and the stages of progress in contracting with electronic payment companies at each level (ministries, entities not affiliated with a ministry, governorates).
4- Statement of the level of progress in the subject of procedures for inventorying and determining the services provided and their types, the amounts collected from citizens for each service, and setting a commission pricing policy for electronic payment services.
5- A statement specifying the minimum cash receipts through the electronic point-of-sale (POS) system by the relevant sectoral authorities, and presenting them to the Ministerial Council for the Economy as a condition for renewing work licenses or licenses to practice professions.
6- Determining completion rates with regard to obliging all owners of commercial activities to register their entities in the commercial registry, and registering professions with the competent sectoral authorities.
7- Statement of the extent of the Ministry of Labor and Social Affairs’ commitment regarding obliging the Workers’ Retirement and Social Security Department to pay social security amounts through the electronic point-of-sale system.
8- A statement of the measures taken regarding government agencies imposing additional fees (a maximum of 5%) for the value of goods and services in cash transactions with their counterparts paid through electronic payment systems; Encouraging its use.
In the same vein, the draft Islamic Investment Sukuk Law was approved, which was reviewed by the State Council and referred to the House of Representatives based on the provisions of the Constitution, taking into account the observations of the Legal Department in the General Secretariat of the Council of Ministers.
The Council also approved the draft law on the Center for Banking Studies, which was reviewed by the State Council and referred to the House of Representatives, based on the provisions of the Constitution, taking into account the observations of the Legal Department in the General Secretariat of the Council of Ministers.
In appreciation of their role and the service they provided in the fight against terrorism, the Council approved the import of a personal vehicle (lower model) for officers who will be referred to retirement, employees of the Ministry of Interior, as an exception to the amended Cabinet Resolution (215 of 2009), taking into account the opinion The Legal Department of the General Secretariat of the Council of Ministers, and this decision is effective as of the date of its issuance.
Within the framework of working to improve the performance of the security forces, the Council agreed to allocate the Ministry of Finance (25) billion dinars to the Ministry of Interior from the emergency reserve, to meet the needs and requirements of the Border Forces Command, to complete fortifications on the borders with neighboring countries to control the security of the border strip and reduce cases of smuggling and infiltration. The contract is excluded from the contracting methods stipulated in Article 3 of the Instructions for Implementing Government Contracts.
In order to prepare the requirements for the electoral process in the region, the Council agreed to the following:
1. Transferring the amount of (43,769,149,000) dinars within the budget of the Independent Election Commission from the provincial council elections program to the elections account for the Parliament of the Kurdistan Region of Iraq, based on the provisions of Article (5) of the Federal General Budget Law for the year 2023, and transferring the amount of the difference amounting to (25,460,851,000) dinars from The emergency reserve allocated within the budget of the Kurdistan Region, and its addition to the budget of the Independent High Electoral Commission for the year 2023 towards the account of the Kurdistan Regional Parliament elections.
2. Authorizing the Chairman of the Board of Commissioners of the Independent Election Commission to supervise the work of the Kurdistan Regional Parliament elections.
It was also approved that the Ministry of Finance would finance the Iraqi Kurdistan region with an amount of (5,562,149,000), only five billion five-five and sixty-two million one hundred and forty-nine thousand dinars, from the remaining amount of emergency reserve allocations to the Kurdistan region in the year 2023 to implement the recommendation of the Supreme National Water Committee to resolve Drought and flood problems in the Kurdistan region of Iraq.
The session witnessed the approval of the recommendations of the minutes of the meeting discussing the powers of the Ministry of Planning, regarding establishing controls to facilitate the implementation of projects that were accompanied by deviations from implementation plans and encouraging contracting parties to plan well and estimate project costs more accurately, according to the following:
1. The contracting party may increase the reserve amount for the contract by (7%) of the contract amount, not to exceed (7) billion dinars within the total cost of the project or work.
2. The Minister of Planning, upon a request from the head of the contracting entity, may increase the reserve amount for the project contract to more than (7%) and up to (12%) of the contract amount, with a total increase not exceeding (12) billion dinars.
3. The Ministerial Council for the Economy, based on a proposal from the Minister of Planning, may increase the contract reserve amount to more than (12%) and up to (15%) of the contract amount, with a total increase not exceeding (15) billion dinars.
4. The Minister of Planning, upon the request of the head of the contracting entity, may increase the amount of supervision and control by a percentage not exceeding (1%) over the percentage stated in the authority of the competent minister or the head of the contracting entity.
5. The Minister of Planning may support the launch of disbursement for investment businesses and projects financed by loans and grants within the budget of ministries and entities not affiliated with a ministry and governorates, and notify the Ministry of Finance of the disbursement.
6. The Minister of Planning, upon the request of the head of the contracting entity, may increase the total cost of projects as an exception to paragraphs (1), (2), and (3) above in the following cases:
A- Projects for settling accounts for completed and deleted projects.
B- Projects from which work was withdrawn for the purpose of implementation at the expense of the contractor in breach of his obligations.
C- Judicial decisions that are final.
D- Projects whose costs have been reduced and it appears that there are contractual obligations in them, not exceeding the amount of the reduction.
E- Projects that have been suspended for a period of no less than one year, which require the addition of complementary work components to resume work on them, up to a percentage of (50%) of the total cost of the project, not exceeding (15) billion dinars.
It was approved to exclude the area of (200) dunums, which is required to be allocated to the headquarters of the Ministry of Finance, from the area allocated in Council of Ministers Resolution (175 of 2019), and to reallocate it to the headquarters of the Ministry of Finance and its departments.
The Council of Ministers also approved the following:
1- Authorizing the Minister of Finance, or whomever she authorizes, to sign the loan agreement, the letters exchanged, written memorandums, and the minutes of discussions regarding the loan with the Japan International Cooperation Agency (JICA) or international export guarantee institutions; For the purpose of financing the Samawa Water Project, based on the provisions of (Article 2/Second) of the Federal Budget Law for the three fiscal years.
2. Approval of the financing conditions stated in the Ministry of Finance’s letter dated November 29, 2023.
In the energy sector, the recommendation of the Ministerial Council for Energy (23104) for the year 2023 was approved, according to the following:
-Approval to renew the two contracts No. (151 and 153) for supplying electrical power to the northern region for one year from the date of its expiration on October 31, 2023, according to the equation recorded in the letter of the Ministry of Electricity dated October 31, 2023, in the (take and pay) manner. With an energy capacity of (150-385) megawatts for the Kar Company, and an energy amounting to (400-800) megawatts for the Torres Narm Electric Power Production Company Ltd. (formerly Qaywan), with the two aforementioned companies bearing all taxes and fees, until obtaining the approval of the National Authority. To invest regarding the investment license, according to financial viability.
The recommendation of the Ministerial Council for Social Services (23030H) regarding the Al-Sadr Residential Complex was approved, according to the following:
1- The recommendation of the Ministerial Council for Social Services (23025KH) included what was stated in the recommendations of the audit committee formed in the Office of the Prime Minister, regarding what was stated in Paragraph (C/Second) of the recommendations stated in the minutes of the meeting of the Audit Committee on the subject of the research contained in the letter of the Office of the Prime Minister. The Council of Ministers, dated September 3, 2023, through the Ministry of Construction, Housing, Municipalities and Public Works taking stock of the reality of the project, preparing updated tables of quantities that include the additional remaining items, addressing the depreciations, evaluating the origin and including or re-listing it within the investment budget of the Ministry of Construction, Housing, Municipalities and Public Works, According to what was stated in paragraphs (1 and 2) of the aforementioned recommendation of the Ministerial Council for Social Services.
2. The Ministry of Immigration and Displacement offered to terminate the contract for the aforementioned project by consent to the contractor, and if he refused, it would resort to judicial termination of the contract according to the provisions of the contract, taking into account the opinion of the Legal Department in the General Secretariat of the Council of Ministers.
Also, the Ministerial Council for the Economy’s Recommendation No. (230281) regarding residential complex projects to be implemented through investment was approved, according to the following:
1. Approval to extinguish the amortization amounts recorded in the letter of the Ministry of Construction, Housing, Municipalities and Public Works dated August 7, 2023, out of the allocations for investment projects listed for the year 2023, and then they will be deleted from the investment curriculum of the aforementioned Ministry after referring them to investment in accordance with the Investment Law. Providing the relevant investment bodies with details.
2. The Ministry of Construction, Housing, Municipalities and Public Works shall bear the truth and accuracy of the issue of extinctions and their amounts, provided that the investment license for the projects in question is granted by the competent investment authority in accordance with Council of Ministers Resolution (245 of 2019) amended by Council of Ministers Resolution (23374 of 2023), taking into account Attention is given to the opinion of the Legal Department in the General Secretariat of the Council of Ministers.
The recommendation of the Ministerial Council for the Economy was also approved, which includes approval to amend the wages of the head and members of the Estimation Authority to be no more than 50 thousand dinars paid by the possessor for each property.
On the administrative side, the Council agreed to the following:
1- Wasit Governorate is responsible for investigating how the investor initiated the implementation of the Jasmine Garden residential project on the property numbered (1/197m 38 Umm Halil) Wasit/Al Kut, without signing the investment project contract.
2. The National Investment Authority is responsible for amending the effective investment system by adding a text indicating that the system (7 of 2010) will remain in effect before the amendment and after the amendment for investment projects that have obtained an investment license under the entry into force of each of them.
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