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History of edits:: 22.9.2016 14:14 • 8 visits readable
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[Oan- Baghdad]
published by all of Iraq [where] the text of maintaining the documents passed by Parliament on Thursday Act.
published by all of Iraq [where] the text of maintaining the documents passed by Parliament on Thursday Act.
Based on what passed the House of Representatives and approved by the President of the Republic based on the provisions of subsection [first] article [61] and item [III] of Article 73 of the Constitution, the
following law was issued:
No. [] for the year 2016 to
maintain the documents Law
Article 1 this law aims to:
first , to maintain the same academic and historical significance of the documents belonging to the executive, legislative and judicial departments of State , including the bodies and departments not associated with the Ministry.
preserve the documentary heritage of the community through the oral memory and heritage intangible documenting second.
Third , get copies of the foreign documents about the history of Iraq and made available to researchers and university students through agreements or grants or any other means.
Fourth facilitating the access of researchers and university students on the various documents and use them in their academic studies process.
Fifth providing information to state departments benefit and the public sector and means media centers and academic studies and researchers.
Sixth collection and documentation of the former regime , including security, military and party documents and use them to serve the community, for the purposes of transitional justice institutions.
Article 2 First , this law is applicable to the following documents:
a belonging to government departments and public sector documents including:
1 technical documentation , which is at the core of specific activity dedicated circuits.
2 The financial documents that regulate matters and financial situation of the community.
3 Administrative documents governing the affairs and administrative activities of government departments and the public sector.
b the security, political and economic documents belonging to the former regime institutions.
c documents Baath Party [disbanded] and civic organizations associated with it.
Dr. documents High Criminal Court
e documentation parties.
and documents and versions of existing civil society organizations and dissolved.
g private Securities public personalities prominent after her death in the absence of left to the guardian shows how dispose of them.
Second is intended to document all forms of vessels keeping paper and digital electronic information photographs, Neshat, and any new pot introduces later include documents, correspondence, records, documents, maps, graphs, charts and all Maihtoa right Sticky where a specific destination
Article 3 divides the documents in nature to three types:
First , public documents: the documents which may be viewed by any interested
II documents: the documents that may not be found except in cases requiring that the consent of the concerned party.
Third , confidential documents: the documents may not be available them in order to Msasha state security or that disclosure, leading to damage and according to the requirements of the work.
Article 4 first have access to official documents of researchers and university students, the media and anyone can view them official endorsement from the competent authority has the right to get a picture of them the approval of the department concerned , but this will lead to harm.
Second , the process of access to returning the documents of the former regime and documents of the High Criminal Court with instructions issued by the Minister of culture in coordination with the competent authorities and the approval of the Council of Ministers. regulate the
Third circuit concerned withhold certain documents from the people to see approval of the General Secretariat of the Council Ministers.
Article 5 first form a committee head in each ministry or institution not linked to the Ministry and civil society organizations
Second constitute a sub - committee in each district in the ministries and departments not associated with the Ministry linked Committee president
Thirdly define the main and sub - committees and functions of instructions issued by the competent minister or a combination President of the organization is not related to the Ministry or the President of the Organization
Article 6 holds the national Library and national documents the following tasks:
First nominate representatives to participate in the work of the main committee provided for in Article 4 of this law.
Second , send representatives to the state departments sector public and civil society organizations to find out the status of the documentation has, organizing and providing the necessary environmental and technical requirements to protect and easily take advantage of them and prepare periodic reports so.
Thirdly submit periodic reports to the General Secretariat of the Council of Ministers where the extent of the state 's departments commitment to the public sector and civil society organizations , showing the application of the provisions of this law.
Fourth approaching state departments directly involved in all matters relating to the application of the provisions of this law
Fifth maintenance of the affected historical documents by using the best of modern technologies.
Sixth damaging is important documents received from government departments and the public sector, which can not be utilized for the purposes of scientific research.
Seventh provide free training opportunities to employees of state departments and the public sector and civil society organizations working in the archiving and documentation field.
Eighth registration of documents in the possession of natural persons or moral or devolve them tenure later, provided to keep a copy pictorial ones.
IX acceptance of private documents permanently or temporarily at the request of the owners.
X. provide documents using different methods and means.
Article 7 First deport all documents of the former regime , maintained by government departments, which are not consistent with the nature of their work and responsibilities of the legal to the national Library and national documents.
Second is committed to civil society organizations and every person to hand over the Mavi possession of documents belonging to the former regime to the national Library and national documents.
Third - everyone is committed in his possession a document of historic importance, security or a link with the State delivered to the national Library and national documents.
Fourth - the Library and Archives of national financial bonuses of the people mentioned in items [Second, Third] of this article in accordance with instructions issued by the Minister of culture in coordination with the Ministry of Finance.
Article 8 national Library and documentation employees shall not disclose any information related to the preservation of deposited documents.
Article 9 First a may not destroy documents relating to sexual rights and civil cases , and public and private property and documents related to state security or instruments and international conventions and treaties or bilateral and foreign policy of the state.
b Notwithstanding the provisions of paragraph [a] of this item of the Commission president and the consent of the head of the department concerned and including , without prejudice to the provisions of this law, take the necessary decisions to retain certain documents or excluded or destroyed depending on business requirements and that after filming these documents and recorded in special records
secondly may take advantage of the documents prepared for the destruction of industrial purposes , a subsidiary of the state and the public sector is so damaging to her, to take precautions necessary to prevent Mathtoah leak of these documents from the Information
Article 10 first may not be taking out any document deposited documents in the national Library and national documents or in the possession of people, from the Republic of Iraq , but a decision of the Minister of culture on the recommendation of the house in question.
Secondly prevents the transfer of any document original out of the Republic of Iraq , but the decision of the competent minister or the head of the body is related to the Ministry, taking into account maintain on them in necessary cases that require it.
Article 11 are first evaluation of the financial documents and binomial lower and upper required to keep them for the time period, instructions issued by the Minister of Finance during the [90] ninety days from the date of entry into force of this Act
II is assessed technical documentation and limits lower and upper required to keep them for the time period, the instructions issued by the competent minister or supreme head of the hand is related to the Ministry during the period [180] hundred and eighty days the effective date of this Act.
Third , take into account the instructions set forth in items [first] and [II] of this article , the following:
a coordination with the National Center for Consulting and the National Center for administrative development and information Technology , each according to its competence.
b how to prepare the minutes of key committees stipulated in Article 4 of this law and how to ratify it and save it .
c determining the responsibility of those who cost the duty to keep the documentation has preserved, and how circulation or concealment of their contents after the completion of the evaluation process.
Article 12 First whoever violates the provisions of this law by imprisonment or a fine of not less than 100,000 dinars and not more than 10 million dinars.
Second , punishable by imprisonment for a period not less than [2] two or any more severe penalty provided for by other laws , all of the damaged document or took it out or helped them out of the Republic of Iraq or offended used contrary to the provisions of this Act
III is an aggravating circumstance if the act is guilty by the competent employee.
Fourth punishable by imprisonment or a fine of not less than 200,000 dinars and not more than 15 million dinars each caused by neglecting or Ptgosairh in the destruction of an official document or taking them out of the Republic of Iraq , unlike the provisions of this law.
Article 13 of the Minister of culture to issue instructions to facilitate the implementation of the provisions of this law.
Article 14 repealed preserve documents law No. [70] for the year 1983, and the remaining instructions issued pursuant thereto window until a Maihl replaced or repealed.
Article 15 this law from the date of publication in the official Gazette.
reasons: in
order to achieve the requirements of justice transitional and developing the means to maintain Iraq 's historical memory expressing the values and national heritage and in response to changes in the field of documentation and archiving for the purpose of finding a mechanism for different types of documents and take advantage of them, this law was enacted.
following law was issued:
No. [] for the year 2016 to
maintain the documents Law
Article 1 this law aims to:
first , to maintain the same academic and historical significance of the documents belonging to the executive, legislative and judicial departments of State , including the bodies and departments not associated with the Ministry.
preserve the documentary heritage of the community through the oral memory and heritage intangible documenting second.
Third , get copies of the foreign documents about the history of Iraq and made available to researchers and university students through agreements or grants or any other means.
Fourth facilitating the access of researchers and university students on the various documents and use them in their academic studies process.
Fifth providing information to state departments benefit and the public sector and means media centers and academic studies and researchers.
Sixth collection and documentation of the former regime , including security, military and party documents and use them to serve the community, for the purposes of transitional justice institutions.
Article 2 First , this law is applicable to the following documents:
a belonging to government departments and public sector documents including:
1 technical documentation , which is at the core of specific activity dedicated circuits.
2 The financial documents that regulate matters and financial situation of the community.
3 Administrative documents governing the affairs and administrative activities of government departments and the public sector.
b the security, political and economic documents belonging to the former regime institutions.
c documents Baath Party [disbanded] and civic organizations associated with it.
Dr. documents High Criminal Court
e documentation parties.
and documents and versions of existing civil society organizations and dissolved.
g private Securities public personalities prominent after her death in the absence of left to the guardian shows how dispose of them.
Second is intended to document all forms of vessels keeping paper and digital electronic information photographs, Neshat, and any new pot introduces later include documents, correspondence, records, documents, maps, graphs, charts and all Maihtoa right Sticky where a specific destination
Article 3 divides the documents in nature to three types:
First , public documents: the documents which may be viewed by any interested
II documents: the documents that may not be found except in cases requiring that the consent of the concerned party.
Third , confidential documents: the documents may not be available them in order to Msasha state security or that disclosure, leading to damage and according to the requirements of the work.
Article 4 first have access to official documents of researchers and university students, the media and anyone can view them official endorsement from the competent authority has the right to get a picture of them the approval of the department concerned , but this will lead to harm.
Second , the process of access to returning the documents of the former regime and documents of the High Criminal Court with instructions issued by the Minister of culture in coordination with the competent authorities and the approval of the Council of Ministers. regulate the
Third circuit concerned withhold certain documents from the people to see approval of the General Secretariat of the Council Ministers.
Article 5 first form a committee head in each ministry or institution not linked to the Ministry and civil society organizations
Second constitute a sub - committee in each district in the ministries and departments not associated with the Ministry linked Committee president
Thirdly define the main and sub - committees and functions of instructions issued by the competent minister or a combination President of the organization is not related to the Ministry or the President of the Organization
Article 6 holds the national Library and national documents the following tasks:
First nominate representatives to participate in the work of the main committee provided for in Article 4 of this law.
Second , send representatives to the state departments sector public and civil society organizations to find out the status of the documentation has, organizing and providing the necessary environmental and technical requirements to protect and easily take advantage of them and prepare periodic reports so.
Thirdly submit periodic reports to the General Secretariat of the Council of Ministers where the extent of the state 's departments commitment to the public sector and civil society organizations , showing the application of the provisions of this law.
Fourth approaching state departments directly involved in all matters relating to the application of the provisions of this law
Fifth maintenance of the affected historical documents by using the best of modern technologies.
Sixth damaging is important documents received from government departments and the public sector, which can not be utilized for the purposes of scientific research.
Seventh provide free training opportunities to employees of state departments and the public sector and civil society organizations working in the archiving and documentation field.
Eighth registration of documents in the possession of natural persons or moral or devolve them tenure later, provided to keep a copy pictorial ones.
IX acceptance of private documents permanently or temporarily at the request of the owners.
X. provide documents using different methods and means.
Article 7 First deport all documents of the former regime , maintained by government departments, which are not consistent with the nature of their work and responsibilities of the legal to the national Library and national documents.
Second is committed to civil society organizations and every person to hand over the Mavi possession of documents belonging to the former regime to the national Library and national documents.
Third - everyone is committed in his possession a document of historic importance, security or a link with the State delivered to the national Library and national documents.
Fourth - the Library and Archives of national financial bonuses of the people mentioned in items [Second, Third] of this article in accordance with instructions issued by the Minister of culture in coordination with the Ministry of Finance.
Article 8 national Library and documentation employees shall not disclose any information related to the preservation of deposited documents.
Article 9 First a may not destroy documents relating to sexual rights and civil cases , and public and private property and documents related to state security or instruments and international conventions and treaties or bilateral and foreign policy of the state.
b Notwithstanding the provisions of paragraph [a] of this item of the Commission president and the consent of the head of the department concerned and including , without prejudice to the provisions of this law, take the necessary decisions to retain certain documents or excluded or destroyed depending on business requirements and that after filming these documents and recorded in special records
secondly may take advantage of the documents prepared for the destruction of industrial purposes , a subsidiary of the state and the public sector is so damaging to her, to take precautions necessary to prevent Mathtoah leak of these documents from the Information
Article 10 first may not be taking out any document deposited documents in the national Library and national documents or in the possession of people, from the Republic of Iraq , but a decision of the Minister of culture on the recommendation of the house in question.
Secondly prevents the transfer of any document original out of the Republic of Iraq , but the decision of the competent minister or the head of the body is related to the Ministry, taking into account maintain on them in necessary cases that require it.
Article 11 are first evaluation of the financial documents and binomial lower and upper required to keep them for the time period, instructions issued by the Minister of Finance during the [90] ninety days from the date of entry into force of this Act
II is assessed technical documentation and limits lower and upper required to keep them for the time period, the instructions issued by the competent minister or supreme head of the hand is related to the Ministry during the period [180] hundred and eighty days the effective date of this Act.
Third , take into account the instructions set forth in items [first] and [II] of this article , the following:
a coordination with the National Center for Consulting and the National Center for administrative development and information Technology , each according to its competence.
b how to prepare the minutes of key committees stipulated in Article 4 of this law and how to ratify it and save it .
c determining the responsibility of those who cost the duty to keep the documentation has preserved, and how circulation or concealment of their contents after the completion of the evaluation process.
Article 12 First whoever violates the provisions of this law by imprisonment or a fine of not less than 100,000 dinars and not more than 10 million dinars.
Second , punishable by imprisonment for a period not less than [2] two or any more severe penalty provided for by other laws , all of the damaged document or took it out or helped them out of the Republic of Iraq or offended used contrary to the provisions of this Act
III is an aggravating circumstance if the act is guilty by the competent employee.
Fourth punishable by imprisonment or a fine of not less than 200,000 dinars and not more than 15 million dinars each caused by neglecting or Ptgosairh in the destruction of an official document or taking them out of the Republic of Iraq , unlike the provisions of this law.
Article 13 of the Minister of culture to issue instructions to facilitate the implementation of the provisions of this law.
Article 14 repealed preserve documents law No. [70] for the year 1983, and the remaining instructions issued pursuant thereto window until a Maihl replaced or repealed.
Article 15 this law from the date of publication in the official Gazette.
reasons: in
order to achieve the requirements of justice transitional and developing the means to maintain Iraq 's historical memory expressing the values and national heritage and in response to changes in the field of documentation and archiving for the purpose of finding a mechanism for different types of documents and take advantage of them, this law was enacted.
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