Republic Of Iraq: Private Sector Development Strategy 2014-2030 LIST OF LAWS THAT NEED TO BE URGENTLY ADDRESSED AS STATED IN THIS REPORT (PAGE 101-103) 10/5/2014

by **Ponee** Sun Oct 05, 2014 8:28 pm

Annex - 4

Priority Legislations
Related to Private Sector Development that Need to be Urgently Addressed

1. Law of Federal Economic Reform
• Draft endorsed by the CoM and sent to te CoR in August 2013.
• CoR examined the draft in the First Reading in November 2013 and decided to refer back to the
CoM to revise.
• Status: Pending

2. Law of Public Private Partnership
• A draft of a framework PPP law was prepared in 2012 by UNIDO under the PSDP-I in consultation
with the World Bank
• The draft was subsequently reviewed and revised by the TFER Working Group on Legislation.
• Status: Pending
• The Law, when enacted, needs to be complemented by a set of regulations and / or instructions
designed for each sector.

3. Law of Public Procurement
• An Inter-Ministerial Task Force drafted a Public Procurement Law (PPL) in 2007, supported by
the World Bank
• In 2011the State Shura Council reviewed the draft and referred back to the CoM.
• Status: Pending

4. Law of Competition and Anti-Monopoly
• The Law of Competition and Anti-Monopoly No. 14 (2010) has been enacted and promulgated
on 9 March 2010.
• The Law aims at ensuring free competition and preventing market monopoly as incentives to
reduce cost and prices and improving quality of goods and services. This will ultimately promote
the development of the private, mixed and public sectors and the satisfactory flow of goods and
services in the market.
• Status: Ineffective; the Council of Competition and Anti-Monopoly Affairs to be established in
accordance with this Law is not established yet. Also, the Supreme Judicial Council didn’t establish
yet, in accordance with this Law, the specialized court that should examine the disputes
arising from the enforcement of this Law.

5. Law of Companies No. 21 (1997)
• The draft Amendment to the Law of Companies No. 21 (1997) as Amended by CPA Order No. 64
(2004) considers merging with it the Law of Public Companies No. 22 (1997).
• Status: The draft is still pending in the TFER.

PRIVATE SECTOR DEVELOPMENT STRATEGY 2014 - 2030
102

6. Law 22 on State Enterprises
• Needs to be amended (improved definition of SOEs, separation between ownership and management,
transparency of decision making processes, elimination of the role of the DG as Chairman
of the Board, corporatization and privatization etc).
• Status: Please refer to (5) above.

7. Law of Labor
• ILO drafted a new Labor Code in 2009 that, however, was rejected.
• The GoI prepared new draft that includes articles on social insurance, excludes the workers of the
public sector, including those employed in the SOEs and obliges private companies to recruit their
employees through the Ministry of Labor and Social Affairs.
• The State Shura Council reviewed the draft and referred back to the CoM in 2011.
• The CoM referred the draft to the CoR.
• The CoR completed the First Reading and the Second Reading of the draft in 4 February 2012
and 7 May 2013.
• Status: Pending
• ILO and other international organizations have strongly and repeatedly recommended examining
and readdressing various significant issues required for ratification of the “Convention on Freedom
of Association and Protection of the Right to Organize” laying the basis for social dialogue
between Workers and the Employers, rights of workers and employees, role and rights of the
private sector, discrimination and inclusiveness, etc..)

8. Law of Investment
• Needs to be substantially revised (unclear objectives, no distinction between domestic and foreign
investments, the vauge definition of the role of the National Investment Commission, which presently
acts as implementation body for the state, managing land and other transactions, unclear tax
exemptions, unclear dispute resolution mechanism, etc.).
• Law No. 2 (2009) Amending the Law of Investment No. 13 (2006) guarantees the ownership of
land by local, Arab and foreign investors for housing projects only.
• Regulations No. 7 (2010 issued by the CoM organized the lease rates for land invested in the various
fields..
• Status: Amendments proposed still pending..

9. Law of Bankruptcy
• Despite recommendations for a separate law that better meet international best practices, the Ministry
of Trade in cooperation with Tijara Local Economic Development Programme of USAID,
prepared draft Law Amending the Law of Trade No. 30 (1984) that addresses bankruptcy.
• The draft is under review of the State Shura Council.
• Status: Pending

PRIVATE SECTOR DEVELOPMENT STRATEGY 2014 - 2030
103

10. Law of Consumer Protection
• The Consumer Protection Law No. 1 (2010), that is consistent with international standards and
best practices, has been passed and promulgated. However, the Law needs to be enforced and
pursuant implementation instructions be issued by the competent authority of the GoI.
• Status: Enforcement pending.

11. Law of Protecting Iraqi Products
• The GoI enacted the Law of Protecting Iraqi Products No. 11 (2010) to contribute to the development
of national industry capable of competing in the regional and international markets and to
provide protection to Iraqi products against dumping of domestic market with imported, subsidized
products.
• The CoR passed on 11 January 2014 Law of Amendment No. 1 to the Law of Protecting Iraqi
Products No. 11 (2010) that extends the protection to agricultural products.
• Status: Law of Amendment No. 1 to the Law of Protecting Iraqi Products No. 11 (2010) is pending
on the promulgation of the Presidency of the Republic

the PDF File http://goo.gl/nqIPpb