Embassy of the United States of America

Baghdad, Iraq

WARDEN MESSAGE

The Embassy requests that wardens pass the following message in its entirety to members of the American community:

The Ministry of Foreign Affairs of the Republic of Iraq has released updated regulations for non-Iraqi nationals exiting Iraq with foreign or Iraqi currency.

Iraqi law has prohibited non-Iraqi adults from transporting more than U.S.  $10,000 in cash out of Iraq. Iraqi law also rohibits carrying out more than 100 grams of gold.   Iraqi law now prohibits non-Iraqi adults from transporting any Iraqi currency out of the country.

Iraqi customs personnel are taking action to enforce this law and may pose related questions to travelers during immigration and customs exit procedures. (Civil customs personnel also will verify passport annotations related to any items such as foreign currency, gold jewelry, or merchandise that were declared by passengers upon entry into Iraq on Form-8.)
 
All U.S. citizens are reminded that it is their duty to respect relevant Iraqi laws, including legal restrictions on the transfer of currency outside of Iraq. If you are detained at the airport or at any other point of exit regarding your attempt to transfer currency out of Iraq, you should contact – or ask that Iraqi authorities immediately contact — the U.S. Consular Duty phones at MCI 1-914-822-5493 or Iraqna 07901-732-134.

Transporting large amounts of currency is not advisable. Almost all of the international companies working in Iraq have the capability to make payments to their employees and at least four Iraqi banks are also able to convert cash into an international wire transfer directed to a bank account outside Iraq. Branches of the Credit Bank of Iraq (Al-Sa’adoon St., Baghdad), Dar Es Salaam Bank ( info@desiraq.com), Iraqi Middle East Investment Bank ( co-invst@iraqimdlestbank.com) and Al-Warqaa Investment Bank ( warkabank@hotmail.com) all have this capability. Please be aware that large wire transfers may require Central Bank of Iraq approval because of measures in place to combat money laundering. Such approvals can be obtained by the sending bank, if information on the origin of the funds and the reason for its transfer is provided. 

Customs and MNF-I officers have the broad authority to search persons or
vehicles at Iraq ports of entry or exit. Officers may confiscate any goods that may pose a threat to the peace, security, health, environment, or good order of Iraq or any antiquities or cultural items suspected of being illegally exported. Goods that are not declared may be confiscated by an officer. Persons may also be ordered to return such goods, at their expense, to the jurisdiction from which they came.

 

Rebuilding, Iraq Shuns U.S. Businesses

The trade fair is a telling indication of an uncomfortable truth: America’s war in Iraq has been good for business in Iraq — but not necessarily for American business.

American companies are not seeing much lasting benefit from their country’s investment in Iraq. Some American businesses have calculated that the high security costs and fear of violence make Iraq a business no-go area. Even those who are interested and want to come are hampered by American companies’ reputation here for overcharging and shoddy workmanship, an outgrowth of the first years of the occupation, and a lasting and widespread anti-Americanism.

While Iraq’s imports nearly doubled in 2008, to $43.5 billion from $25.67 billion in 2007, imports from American companies stayed flat at $2 billion over that period. Among investors, the United Arab Emirates leads the field, with $31 billion invested in Iraq, most of that in 2008, compared to only about $400 million from American companies when United States government reconstruction spending is excluded, according to Dunia Frontier Consultants, a emerging-market analyst. “Following this initial U.S.-dominated reconstruction phase, U.S. private investors have become negligible players in Iraq,” Dunia said in a report.

Read Entire Article: New York Times 
New York Times – Copyright 2009

 

BB&M International 2010 License

Good news, BB&M (Ameraq Parent Company) is now licensed for 2010 brokerage & Forex Trading business in Iraq. As well, we received our Letter of Corporate Good Standing with Iraq for 2010. Looking forward to a great year this year!

BB&M 2010 Letter of Good Standing

BB&M 2010 Letter of Good Standing

 

Iraqi Elections Scheduled for Mar 2010

A parliamentary election is planned in Iraq on 7 March 2010. The Iraqi Vice President vetoed the election law on 18 November, delaying the original date of January 21.[1]

The election will decide the 325 members of the Council of Representatives of Iraq who will then elect the Prime Minister of Iraq and the President of Iraq. The election is planned for the same day as a referendum on the presence of US troops.[2][3]

The necessary election law was only passed on November 8, and the UN Mission in Iraq, which is helping with the elections, estimates that it needs 90 days to plan for the election.[4][5] The electoral commission has asked for a delay from the original date of 15 January.[6] ….
Read Related Articles: Wikpedia || Carnegie Endowmant

Embassy FAQ Release 2010:  Iraqi National Election FAQ (PDF)

 

Constitution of Iraq 2010

The Preamble

In the name of God, the Most merciful, the Most compassionate

{We have honored the sons of Adam}

We, the people of Mesopotamia, the homeland of the apostles and prophets, resting place of the virtuous imams, cradle of civilization, crafters of writing, and home of numeration. Upon our land the first law made by man was passed, and the oldest pact of just governance was inscribed, and upon our soil the saints and companions of the Prophet prayed, philosophers and scientists theorized, and writers and poets excelled;

Acknowledging God’s right over us, and in fulfillment of the call of our homeland and citizens, and in a response to the call of our religious and national leaderships and the determination of our great authorities and of our leaders and politicians, and in the midst of international support from our friends and those who love us, marched for the first time in our history towards the ballot boxes by the millions, men and women, young and old, on the thirtieth of  anuary 2005, invoking the pains of sectarian oppression inflicted by the utocratic clique and inspired by the tragedies of Iraq’s martyrs, Shiite and Sunni, Arabs and Kurds and Turkmen and from all other components of the people, and recollecting the darkness of the ravage of the holy cities and the South in the Sha’abaniyya uprising and burnt by the flames of grief of the mass graves, the marshes, Al-Dujail and others and articulating the sufferings of racial oppression in the massacres of Halabcha, Barzan, Anfal and the Fayli Kurds and inspired by the ordeals of the Turkmen in Bashir and the sufferings of the people of the western region, as is the case in the remaining areas of Iraq where the people suffered from the liquidation of their leaders, symbols, and Sheiks and from the displacement of their skilled individuals and from drying out of its cultural and intellectual wells, so we sought hand in hand and shoulder to shoulder to create our new Iraq, the Iraq of the future, free from  ectarianism, racism, complex of regional attachment, discrimination, and exclusion.

Accusations of being infidels, and terrorism did not stop us from marching forward to build a nation of law. Sectarianism and racism have not stopped us from marching together to strengthen our national unity, following the path of peaceful transfer of power, adopting the course of just distribution of resources, and providing equal opportunity for all.

We, the people of Iraq, who have just risen from our stumble, and who are looking with confidence to the future through a republican, federal, democratic, pluralistic system, have resolved with the determination of our men, women, elderly, and youth to respect the rule of law, to establish justice and equality, to cast aside the politics of aggression, to pay attention to women and their rights, the elderly and their concerns, and children and their affairs, to spread the culture of diversity, and to defuse terrorism.

We, the people of Iraq, of all components and across the spectrum, have taken upon ourselves to decide freely and by choice to unite our future, to take  lessons from yesterday for tomorrow, and to enact this permanent Constitution, through the values and ideals of the heavenly messages and the findings of science and man’s civilization. The adherence to this Constitution preserves for Iraq its free union of people, of land, and of sovereignty.

Section One
Fundamental Principles
Article 1:

The Republic of Iraq is a single federal, independent and fully sovereign state in which the system of government is republican, representative, parliamentary, and democratic,

and this Constitution is a guarantor of the unity of Iraq.

Article 2:

First: Islam is the official religion of the State and is a foundation source of

legislation:

A. No law may be enacted that contradicts the established provisions of Islam

B. No law may be enacted that contradicts the principles of democracy.

C. No law may be enacted that contradicts the rights and basic freedoms

stipulated in this Constitution.

Second: This Constitution guarantees the Islamic identity of the majority of the

Iraqi people and guarantees the full religious rights to freedom of religious belief

and practice of all individuals such as Christians, Yazidis, and Mandean Sabeans.

Article 3:

Iraq is a country of multiple nationalities, religions, and sects. It is a founding and active

member in the Arab League and is committed to its charter, and it is part of the Islamic

world.

Article 4:

First: The Arabic language and the Kurdish language are the two official

languages of Iraq. The right of Iraqis to educate their children in their mother

tongue, such as Turkmen, Syriac, and Armenian shall be guaranteed in

government educational institutions in accordance with educational guidelines, or

in any other language in private educational institutions.

Second: The scope of the term “official language” and the means of applying the

provisions of this article shall be defined by a law and shall include:

A. Publication of the Official Gazette, in the two languages;

B. Speech, conversation, and expression in official domains, such as the

Council of Representatives, the Council of Ministers, courts, and official

conferences, in either of the two languages;

C. Recognition and publication of official documents and correspondence in

the two languages;

D. Opening schools that teach the two languages, in accordance with the

educational guidelines;

E. Use of both languages in any matter enjoined by the principle of equality

such as bank notes, passports, and stamps.

Third: The federal and official institutions and agencies in the Kurdistan region

shall use both languages.

Fourth: The Turkomen language and the Syriac language are two other official

languages in the administrative units in which they constitute density of

population.

Fifth: Each region or governorate may adopt any other local language as an

additional official language if the majority of its population so decides in a

general referendum.

Article 5:

The law is sovereign. The people are the source of authority and legitimacy, which they

shall exercise in a direct, general, secret ballot and through their constitutional

institutions.

Article 6:

Transfer of authority shall be made peacefully through democratic means as stipulated in

this Constitution.

Article 7:

First: Any entity or program that adopts, incites, facilitates, glorifies, promotes, or

justifies racism or terrorism or accusations of being an infidel (takfir) or ethnic

cleansing, especially the Saddamist Ba’ath in Iraq and its symbols, under any

name whatsoever, shall be prohibited. Such entities may not be part of political

pluralism in Iraq. This shall be regulated by law.

Second: The State shall undertake to combat terrorism in all its forms, and shall

work to protect its territories from being a base, pathway, or field for terrorist

activities.

Article 8:

Iraq shall observe the principles of good neighborliness, adhere to the principle of noninterference

in the internal affairs of other states, seek to settle disputes by peaceful

means, establish relations on the basis of mutual interests and reciprocity, and respect its

international obligations.

Article 9:

First:

A- The Iraqi armed forces and security services will be composed of the

components of the Iraqi people with due consideration given to their

balance and representation without discrimination or exclusion. They

shall be subject to the control of the civilian authority, shall defend Iraq,

shall not be used as an instrument to oppress the Iraqi people, shall not

interfere in the political affairs, and shall have no role in the transfer of

authority.

B- The formation of military militias outside the framework of the armed

forces is prohibited.

C- The Iraqi armed forces and their personnel, including military personnel

working in the Ministry of Defense or any subordinate departments or

organizations, may not stand for election to political office, campaign for

candidates, or participate in other activities prohibited by Ministry of

Defense regulations. This ban includes the activities of the personnel

mentioned above acting in their personal or professional capacities, but

shall not infringe upon the right of these personnel to cast their vote in the

elections.

D- The Iraqi National Intelligence Service shall collect information, assess

threats to national security, and advise the Iraqi government. This Service

shall be under civilian control, shall be subject to legislative oversight, and

shall operate in accordance with the law and pursuant to the recognized

principles of human rights.

E- The Iraqi Government shall respect and implement Iraq’s international

obligations regarding the non-proliferation, non-development, nonproduction,

and non-use of nuclear, chemical, and biological weapons, and

shall prohibit associated equipment, materiel, technologies, and delivery

systems for use in the development, manufacture, production, and use of

such weapons.

Second: Military service shall be regulated by law.

Article 10:

The holy shrines and religious sites in Iraq are religious and civilizational entities. The

State is committed to assuring and maintaining their sanctity, and to guaranteeing the free

practice of rituals in them.

Article 11:

Baghdad is the capital of the Republic of Iraq.

Article 12:

First: The flag, national anthem, and emblem of Iraq shall be regulated by law in a

way that symbolizes the components of the Iraqi people.

Second: A law shall regulate honors, official holidays, religious and national

occasions and the Hijri and Gregorian calendar.

Article 13:

First: This Constitution is the preeminent and supreme law in Iraq and shall be

binding in all parts of Iraq without exception.

Second: No law that contradicts this Constitution shall be enacted. Any text in any

regional constitutions or any other legal text that contradicts this Constitution

shall be considered void.

Section Two

Rights and Liberties

Chapter One

[Rights]

First: Civil and Political Rights

Article 14:

Iraqis are equal before the law without discrimination based on gender, race, ethnicity,

nationality, origin, color, religion, sect, belief or opinion, or economic or social status.

Article 15:

Every individual has the right to enjoy life, security and liberty. Deprivation or

restriction of these rights is prohibited except in accordance with the law and based on a

decision issued by a competent judicial authority.

Article 16:

Equal opportunities shall be guaranteed to all Iraqis, and the state shall ensure that the

necessary measures to achieve this are taken.

Article 17:

First: Every individual shall have the right to personal privacy so long as it does

not contradict the rights of others and public morals.

Second: The sanctity of the homes shall be protected. Homes may not be entered,

searched, or violated, except by a judicial decision in accordance with the law.

Article 18:

First: Iraqi citizenship is a right for every Iraqi and is the basis of his nationality.

Second: Anyone who is born to an Iraqi father or to an Iraqi mother shall be

considered an Iraqi. This shall be regulated by law.

Third:

A. An Iraqi citizen by birth may not have his citizenship withdrawn for any

reason. Any person who had his citizenship withdrawn shall have the

right to demand its reinstatement. This shall be regulated by a law.

B. Iraqi citizenship shall be withdrawn from naturalized citizens in cases

regulated by law.

Fourth: An Iraqi may have multiple citizenships. Everyone who assumes a senior,

security or sovereign position must abandon any other acquired citizenship. This

shall be regulated by law.

Fifth: Iraqi citizenship shall not be granted for the purposes of the policy of

population settlement that disrupts the demographic composition of Iraq.

Sixth: Citizenship provisions shall be regulated by law. The competent courts

shall consider the suits arising from those provisions.

Article 19:

First: The judiciary is independent and no power is above the judiciary except the

law.

Second: There is no crime or punishment except by law. The punishment shall

only be for an act that the law considers a crime when perpetrated. A harsher

punishment than the applicable punishment at the time of the offense may not be

imposed.

Third: Litigation shall be a protected and guaranteed right for all.

Fourth: The right to a defense shall be sacred and guaranteed in all phases of

investigation and the trial.

Fifth: The accused is innocent until proven guilty in a fair legal trial. The accused

may not be tried for the same crime for a second time after acquittal unless new

evidence is produced.

Sixth: Every person shall have the right to be treated with justice in judicial and

administrative proceedings.

Seventh: The proceedings of a trial are public unless the court decides to make it

secret.

Eighth: Punishment shall be personal.

Ninth: Laws shall not have retroactive effect unless stipulated otherwise. This

exclusion shall not include laws on taxes and fees.

Tenth: Criminal laws shall not have retroactive effect, unless it is to the benefit of

the accused.

Eleventh: The court shall appoint a lawyer at the expense of the state for an

accused of a felony or misdemeanor who does not have a defense lawyer.

Twelfth:

A. Unlawful detention shall be prohibited.

B. Imprisonment or detention shall be prohibited in places not designed for

these purposes, pursuant to prison laws covering health and social care,

and subject to the authorities of the State.

Thirteenth: The preliminary investigative documents shall be submitted to the

competent judge in a period not to exceed twenty-four hours from the time of the

arrest of the accused, which may be extended only once and for the same period.

Article 20:

Iraqi citizens, men and women, shall have the right to participate in public affairs and to

enjoy political rights including the right to vote, elect, and run for office.

Article 21:

First: No Iraqi shall be surrendered to foreign entities and authorities.

Second: A law shall regulate the right of political asylum in Iraq. No political

refugee shall be surrendered to a foreign entity or returned forcibly to the country

from which he fled.

Third: Political asylum shall not be granted to a person accused of committing

international or terrorist crimes or to any person who inflicted damage on Iraq.

Second: Economic, Social and Cultural Liberties

Article 22:

First: Work is a right for all Iraqis in a way that guarantees a dignified life for

them.

Second: The law shall regulate the relationship between employees and employers

on economic bases and while observing the rules of social justice.

Third: The State shall guarantee the right to form and join unions and professional

associations, and this shall be regulated by law.

Article 23:

First: Private property is protected. The owner shall have the right to benefit,

exploit and dispose of private property within the limits of the law.

Second: Expropriation is not permissible except for the purposes of public benefit

in return for just compensation, and this shall be regulated by law.

Third:

A. Every Iraqi shall have the right to own property anywhere in Iraq. No

others may possess immovable assets, except as exempted by law.

B. Ownership of property for the purposes of demographic change is

prohibited.

Article 24:

The State shall guarantee freedom of movement of Iraqi manpower, goods, and capital

between regions and governorates, and this shall be regulated by law.

Article 25:

The State shall guarantee the reform of the Iraqi economy in accordance with modern

economic principles to insure the full investment of its resources, diversification of its

sources, and the encouragement and development of the private sector.

Article 26:

The State shall guarantee the encouragement of investment in the various sectors, and this

shall be regulated by law.

Article 27:

First: Public assets are sacrosanct, and their protection is the duty of each citizen.

Second: The provisions related to the preservation of State properties, their

management, the conditions for their disposal, and the limits for these assets not

to be relinquished shall all be regulated by law.

Article 28:

First: No taxes or fees shall be levied, amended, collected, or exempted, except by

law.

Second: Low income earners shall be exempted from taxes in a way that

guarantees the preservation of the minimum income required for living. This

shall be regulated by law.

Article 29:

First:

A. The family is the foundation of society; the State shall preserve it and its

religious, moral, and national values.

B. The State shall guarantee the protection of motherhood, childhood and old

age, shall care for children and youth, and shall provide them with the

appropriate conditions to develop their talents and abilities.

Second: Children have the right to upbringing, care and education from their

parents. Parents have the right to respect and care from their children, especially

in times of need, disability, and old age.

Third: Economic exploitation of children in all of its forms shall be prohibited,

and the State shall take the necessary measures for their protection.

Fourth: All forms of violence and abuse in the family, school, and society shall be

prohibited.

Article 30:

First: The State shall guarantee to the individual and the family – especially

children and women – social and health security, the basic requirements for living

a free and decent life, and shall secure for them suitable income and appropriate

housing.

Second: The State shall guarantee social and health security to Iraqis in cases of

old age, sickness, employment disability, homelessness, orphanhood, or

unemployment, shall work to protect them from ignorance, fear and poverty, and

shall provide them housing and special programs of care and rehabilitation, and

this shall be regulated by law.

Article 31:

First: Every citizen has the right to health care. The State shall maintain public

health and provide the means of prevention and treatment by building different

types of hospitals and health institutions.

Second: Individuals and entities have the right to build hospitals, clinics, or

private health care centers under the supervision of the State, and this shall be

regulated by law.

Article 32:

The State shall care for the handicapped and those with special needs, and shall ensure

their rehabilitation in order to reintegrate them into society, and this shall be regulated by

law.

Article 33:

First: Every individual has the right to live in safe environmental conditions.

Second: The State shall undertake the protection and preservation of the

environment and its biological diversity.

Article 34:

First: Education is a fundamental factor for the progress of society and is a right

guaranteed by the state. Primary education is mandatory and the state guarantees

that it shall combat illiteracy.

Second: Free education in all its stages is a right for all Iraqis.

Third: The State shall encourage scientific research for peaceful purposes that

serve humanity and shall support excellence, creativity, invention, and different

aspects of ingenuity.

Fourth: Private and public education shall be guaranteed, and this shall be

regulated by law.

Article 35:

The state shall promote cultural activities and institutions in a manner that befits the

civilizational and cultural history of Iraq, and it shall seek to support indigenous Iraqi

cultural orientations.

Article 36:

Practicing sports is a right of every Iraqi and the state shall encourage and care for such

activities and shall provide for their requirements.

Chapter Two

[Liberties]

Article 37:

First:

A. The liberty and dignity of man shall be protected.

B. No person may be kept in custody or investigated except according to a

judicial decision.

C. All forms of psychological and physical torture and inhumane treatment

are prohibited. Any confession made under force, threat, or torture shall

not be relied on, and the victim shall have the right to seek compensation

for material and moral damages incurred in accordance with the law.

Second: The State shall guarantee protection of the individual from intellectual,

political and religious coercion.

Third: Forced labor, slavery, slave trade, trafficking in women or children, and

sex trade shall be prohibited.

Article 38:

The State shall guarantee in a way that does not violate public order and morality:

A. Freedom of expression using all means.

B. Freedom of press, printing, advertisement, media and publication.

C. Freedom of assembly and peaceful demonstration, and this shall be regulated

by law.

Article 39:

First: The freedom to form and join associations and political parties shall be

guaranteed, and this shall be regulated by law.

Second: It is not permissible to force any person to join any party, society, or

political entity, or force him to continue his membership in it.

Article 40:

The freedom of communication and correspondence, postal, telegraphic, electronic, and

telephonic, shall be guaranteed and may not be monitored, wiretapped, or disclosed

except for legal and security necessity and by a judicial decision.

Article 41:

Iraqis are free in their commitment to their personal status according to their religions,

sects, beliefs, or choices, and this shall be regulated by law.

Article 42:

Each individual shall have the freedom of thought, conscience, and belief.

Article 43:

First: The followers of all religions and sects are free in the:

A- Practice of religious rites, including the Husseini rituals.

B- Management of religious endowments (waqf), their affairs, and their

religious institutions, and this shall be regulated by law.

Second: The State shall guarantee freedom of worship and the protection of places

of worship.

Article 44:

First: Each Iraqi has freedom of movement, travel, and residence inside and

outside Iraq.

Second: No Iraqi may be exiled, displaced, or deprived from returning to the

homeland.

Article 45:

First: The State shall seek to strengthen the role of civil society institutions, and to

support, develop and preserve their independence in a way that is consistent with

peaceful means to achieve their legitimate goals, and this shall be regulated by

law.

Second: The State shall seek the advancement of the Iraqi clans and tribes, shall

attend to their affairs in a manner that is consistent with religion and the law, and

shall uphold their noble human values in a way that contributes to the

development of society. The State shall prohibit the tribal traditions that are in

contradiction with human rights.

Article 46:

Restricting or limiting the practice of any of the rights or liberties stipulated in this

Constitution is prohibited, except by a law or on the basis of a law, and insofar as that

limitation or restriction does not violate the essence of the right or freedom.

Section Three

Federal Powers

Article 47:

The federal powers shall consist of the legislative, executive, and judicial powers, and

they shall exercise their competencies and tasks on the basis of the principle of separation

of powers.

Chapter one

[The Legislative Power]

Article 48:

The federal legislative power shall consist of the Council of Representatives and the

Federation Council.

First: The Council of Representatives

Article 49:

First: The Council of Representatives shall consist of a number of members, at a

ratio of one seat per 100,000 Iraqi persons representing the entire Iraqi people.

They shall be elected through a direct secret general ballot. The representation of

all components of the people shall be upheld in it.

Second: A candidate to the Council of Representatives must be a fully qualified

Iraqi.

Third: A law shall regulate the requirements for the candidate, the voter, and all

that is related to the elections.

Fourth: The elections law shall aim to achieve a percentage of representation for

women of not less than one-quarter of the members of the Council of

Representatives.

Fifth: The Council of Representatives shall promulgate a law dealing with the

replacement of its members on resignation, dismissal, or death.

Sixth: It is not permissible to combine membership in the Council of

Representatives with any work or other official position.

Article 50:

Each member of the Council of Representatives shall take the following constitutional

oath before the Council prior to assuming his duties:

“I swear by God Almighty to carry out my legal duties and responsibilities with

devotion and integrity and preserve the independence and sovereignty of Iraq, and

safeguard the interests of its people, and ensure the safety of its land, sky, water,

wealth, and federal democratic system, and I shall endeavor to protect public and

private liberties, the independence of the judiciary, and pledge to implement

legislation faithfully and neutrally. God is my witness.”

Article 51:

The Council of Representatives shall establish its bylaws to regulate its work.

Article 52:

First: The Council of Representatives shall decide, by a two-thirds majority, the

authenticity of membership of its member within thirty days from the date of

filing an objection.

Second: The decision of the Council of Representatives may be appealed before

the Federal Supreme Court within thirty days from the date of its issuance.

Article 53:

First: Sessions of the Council of Representatives shall be public unless, for

reasons of necessity, the Council decides otherwise.

Second: Minutes of the sessions shall be published by means considered

appropriate by the Council.

Article 54:

The President of the Republic shall call upon the Council of Representatives to convene

by a presidential decree within fifteen days from the date of the ratification of the general

election results. Its eldest member shall chair the first session to elect the speaker of the

Council and his two deputies. This period may not be extended by more than the

aforementioned period.

Article 55:

The Council of Representatives shall elect in its first session its speaker, then his first

deputy and second deputy, by an absolute majority of the total number of the Council

members by direct secret ballot.

Article 56:

First: The electoral term of the Council of Representatives shall be four calendar

years, starting with its first session and ending with the conclusion of the fourth

year.

Second: The new Council of Representatives shall be elected forty-five days

before the conclusion of the preceding electoral term.

Article 57:

The Council of Representatives shall have one annual term, with two legislative sessions,

lasting eight months. The bylaws shall define the method to convene the sessions. The

session in which the general budget is being presented shall not end until approval of the

budget.

Article 58:

First: The President of the Republic, the Prime Minister, the Speaker of the

Council of Representatives, or fifty members of the Council of Representatives

may call the Council to an extraordinary session. The session shall be restricted

to the topics that necessitated the call for the session.

Second: The legislative session of the Council of Representatives may be

extended for no more than 30 days to complete the tasks that require the

extension, based on a request from the President of the Republic, the Prime

Minister, the Speaker of the Council, or fifty members of the Council of

Representatives.

Article 59:

First:

The Council of Representatives quorum shall be achieved by an absolute

majority of its members.

Second:

Decisions in the sessions of the Council of Representatives shall be made by a

simple majority after quorum is achieved, unless otherwise stipulated.

Article 60:

First:

Draft laws shall be presented by the President of the Republic and the Council

of Ministers.

Second;

Proposed laws shall be presented by ten members of the Council of

Representatives or by one of its specialized committees.

Article 61:

The Council of Representatives shall be competent in the following:

First: Enacting federal laws.

Second: Monitoring the performance of the executive authority.

Third: Electing the President of the Republic.

Fourth: Regulating the ratification process of international treaties and agreements

by a law, to be enacted by a two-thirds majority of the members of the Council of

Representatives.

Fifth: Approving the appointment of the following:

A. The President and members of the Federal Court of Cassation, the Chief

Public Prosecutor, and the President of Judicial Oversight Commission by

an absolute majority, based on a proposal from the Higher Juridical

Council.

B. Ambassadors and those with special grades, based on a proposal from the

Council of Ministers.

C. The Iraqi Army Chief of Staff, his assistants, those of the rank of division

commander and above, and the director of the intelligence service, based

on a proposal from the Council of Ministers.

Sixth:

A. Questioning the President of the Republic, based on a petition with cause,

by an absolute majority of the members of the Council of Representatives.

B. Relieving the President of the Republic by an absolute majority of the

Council of Representatives after being convicted by the Federal Supreme

Court in one of the following cases:

1- Perjury of the constitutional oath.

2- Violating the Constitution.

3- High treason.

Seventh:

A. A member of the Council of Representatives may direct questions to the

Prime Minister and the Ministers on any subject within their specialty and

each of them shall answer the members’ questions. Only the member who

has asked the question shall have the right to comment on the answer.

B. At least twenty-five members of the Council of Representatives may raise

a general issue for discussion in order to inquire about a policy and the

performance of the Council of Ministers or one of the Ministries and it

shall be submitted to the Speaker of the Council of Representatives, and

the Prime Minister or the Ministers shall specify a date to come before the

Council of Representatives to discuss it.

C. A member of the Council of Representatives, with the agreement of

twenty-five members, may direct an inquiry to the Prime Minister or the

Ministers to call them to account on the issues within their authority. The

debate shall not be held on the inquiry except after at least seven days

from the date of submission of the inquiry.

Eighth:

A. The Council of Representatives may withdraw confidence from one of the

Ministers by an absolute majority and he shall be considered resigned

from the date of the decision of withdrawal of confidence. A vote of no

confidence in a Minister may not be held except upon his request or on the

basis of a request signed by fifty members after the Minister has appeared

for questioning before the Council. The Council shall not issue its

decision regarding the request except after at least seven days from the

date of its submission.

B.

1- The President of the Republic may submit a request to the Council of

Representatives to withdraw confidence from the Prime Minister.

2- The Council of Representatives may withdraw confidence from the

Prime Minister based on the request of one-fifth of its members. This

request shall not be submitted except after an inquiry directed at the

Prime Minister and after at least seven days from the date of

submitting the request.

3- The Council of Representatives may decide to withdraw confidence

from the Prime Minister by an absolute majority of the number of its

members.

C. The Government is deemed resigned in case of withdrawal of confidence

from the Prime Minister.

D. In case of a vote of withdrawal of confidence in the Council of Ministers

as a whole, the Prime Minister and the Ministers continue in their

positions to run everyday business for a period not to exceed thirty days

until a new Council of Ministers is formed in accordance with the

provisions of Article 76 of this Constitution.

E. The Council of Representatives may question independent commission

heads in accordance with the same procedures related to the Ministers.

The Council shall have the right to relieve them by absolute majority.

Ninth:

A. To consent to the declaration of war and the state of emergency by a twothirds

majority based on a joint request from the President of the Republic

and the Prime Minister.

B. The state of emergency shall be declared for a period of thirty days, which

can be extended after approval each time.

C. The Prime Minister shall be delegated the necessary powers which enable

him to manage the affairs of the country during the period of the

declaration of war and the state of emergency. These powers shall be

regulated by a law in a way that does not contradict the Constitution.

D. The Prime Minister shall present to the Council of Representatives the

measures taken and the results during the period of the declaration of war

and the state of emergency within 15 days from the date of its end.

Article 62:

First: The Council of Ministers shall submit the draft general budget bill and the

closing account to the Council of Representatives for approval.

Second: The Council of Representatives may conduct transfers between the

sections and chapters of the general budget and reduce the total of its sums, and it

may suggest to the Council of Ministers that they increase the total expenses,

when necessary.

Article 63:

First: A law shall regulate the rights and privileges of the speaker of the Council

of Representatives, his two deputies, and the members of the Council of

Representatives.

Second:

A. A member of the Council of Representatives shall enjoy immunity for

statements made while the Council is in session, and the member may not

be prosecuted before the courts for such.

B. A Council of Representatives member may not be placed under arrest

during the legislative term of the Council of Representatives, unless the

member is accused of a felony and the Council of Representatives

members consent by an absolute majority to lift his immunity or if he is

caught in flagrante delicto in the commission of a felony.

C. A Council of Representatives member may not be arrested after the

legislative term of the Council of Representatives, unless the member is

accused of a felony and with the consent of the speaker of the Council of

Representatives to lift his immunity or if he is caught in flagrante delicto

in the commission of a felony.

Article 64:

First: The Council of Representatives may be dissolved by an absolute majority of

the number of its members, or upon the request of one-third of its members by the

Prime Minister with the consent of the President of the Republic. The Council

shall not be dissolved during the period in which the Prime Minister is being

questioned.

Second: Upon the dissolution of the Council of Representatives, the President of

the Republic shall call for general elections in the country within a period not to

exceed sixty days from the date of its dissolution. The Council of Ministers in

this case is deemed resigned and continues to run everyday business.

Second: The Federation Council

Article 65:

A legislative council shall be established named the “Federation Council,” to include

representatives from the regions and the governorates that are not organized in a region.

A law, enacted by a two-thirds majority of the members of the Council of

Representatives, shall regulate the formation of the Federation Council, its membership

conditions, its competencies, and all that is connected with it.

Chapter Two

[The Executive Power]

Article 66:

The federal executive power shall consist of the President of the Republic and the

Council of Ministers and shall exercise its powers in accordance with the Constitution

and the law.

First: The President of the Republic

Article 67:

The President of the Republic is the Head of the State and a symbol of the unity of the

country and represents the sovereignty of the country. He shall guarantee the

commitment to the Constitution and the preservation of Iraq’s independence, sovereignty,

unity, and the safety of its territories, in accordance with the provisions of the

Constitution.

Article 68:

A nominee to the Presidency of the Republic must be:

First: An Iraqi by birth, born to Iraqi parents.

Second: Fully qualified and must be over forty years of age.

Third: Of good reputation and political experience, known for his integrity,

uprightness, fairness, and loyalty to the homeland.

Fourth: Free of any conviction of a crime involving moral turpitude.

Article 69:

First: The provisions for nomination to the office of the President of the Republic

shall be regulated by law.

Second: The provisions for nomination to the office of one or more Vice

Presidents of the Republic shall be regulated by law.

Article 70:

First: The Council of Representatives shall elect a President of the Republic from

among the candidates by a two-thirds majority of the number of its members.

Second: If none of the candidates receive the required majority vote then the two

candidates who received the highest number of votes shall compete and the one

who receives the majority of votes in the second election shall be declared

President.

Article 71:

The President shall take the constitutional oath before the Council of Representatives

according to the language stipulated in Article 50 of the Constitution.

Article 72:

First: The President of the Republic’s term in office shall be limited to four years.

He may be re-elected for a second time only.

Second:

A- The President of the Republic’s term in office shall end with the end of the

term of the Council of Representatives.

B- The President of the Republic shall continue to exercise his duties until after

the end of the election and the meeting of the new Council of Representatives,

provided that a new President of the Republic is elected within thirty days from

the date of its first convening.

C- In case the position of the President of the Republic becomes vacant for any

reason, a new President shall be elected to complete the remaining period of the

President’s term.

Article 73:

The President of the Republic shall assume the following powers:

First: To issue a special pardon on the recommendation of the Prime Minister, except

for anything concerning a private claim and for those who have been convicted of

committing international crimes, terrorism, or financial and administrative corruption.

Second: To ratify international treaties and agreements after the approval by the

Council of Representatives. Such international treaties and agreements are

considered ratified after fifteen days from the date of receipt by the President.

Third: To ratify and issue the laws enacted by the Council of Representatives. Such

laws are considered ratified after fifteen days from the date of receipt by the

President.

Fourth: To call the elected Council of Representatives to convene during a period not

to exceed fifteen days from the date of approval of the election results and in the other

cases stipulated in the Constitution.

Fifth: To award medals and decorations on the recommendation of the Prime Minister

in accordance with the law.

Sixth: To accredit ambassadors.

Seventh: To issue Presidential decrees.

Eighth: To ratify death sentences issued by the competent courts.

Ninth: To perform the duty of the High Command of the armed forces for ceremonial

and honorary purposes.

Tenth: To exercise any other presidential powers stipulated in this Constitution.

Article 74:

A law shall fix the salary and the allowances of the President of the Republic.

Article 75:

First: The President of the Republic shall have the right to submit his resignation

in writing to the Speaker of the Council of Representatives, and it shall be

considered effective after seven days from the date of its submission to the

Council of Representatives.

Second: The Vice President shall replace the President in case of his absence.

Third: The Vice President shall replace the President of the Republic in the event

that the post of the President becomes vacant for any reason whatsoever. The

Council of Representatives must elect a new President within a period not to

exceed thirty days from the date of the vacancy.

Fourth: In case the post of the President of the Republic becomes vacant, the

Speaker of the Council of Representatives shall replace the President of the

Republic in case he does not have a Vice President, on the condition that a new

President is elected during a period not to exceed thirty days from the date of the

vacancy and in accordance with the provisions of this Constitution.

Second: Council of Ministers

Article 76:

First: The President of the Republic shall charge the nominee of the largest

Council of Representatives bloc with the formation of the Council of Ministers

within fifteen days from the date of the election of the President of the Republic.

Second: The Prime Minister-designate shall undertake the naming of the members

of his Council of Ministers within a period not to exceed thirty days from the date

of his designation.

Third: If the Prime Minister-designate fails to form the Council of Ministers

during the period specified in clause “Second,” the President of the Republic shall

charge a new nominee for the post of Prime Minister within fifteen days.

Fourth: The Prime Minister-designate shall present the names of his members of

the Council of Ministers and the ministerial program to the Council of

Representatives. He is deemed to have gained its confidence upon the approval,

by an absolute majority of the Council of Representatives, of the individual

Ministers and the ministerial program.

Fifth: The President of the Republic shall charge another nominee to form the

Council of Ministers within fifteen days in case the Council of Ministers did not

win the vote of confidence.

Article 77:

First: The conditions for assuming the post of the Prime Minister shall be the

same as those for the President of the Republic, provided that he has a college

degree or its equivalent and is over thirty-five years of age.

Second: The conditions for assuming the post of Minister shall be the same as

those for members of the Council of Representatives, provided that he holds a

college degree or its equivalent.

Article 78:

The Prime Minister is the direct executive authority responsible for the general policy of

the State and the commander-in-chief of the armed forces. He directs the Council of

Ministers, presides over its meetings, and has the right to dismiss the Ministers, with the

consent of the Council of Representatives.

Article 79:

The Prime Minister and members of the Council of Ministers shall take the constitutional

oath before the Council of Representatives according to the language stipulated in Article

50 of the Constitution.

Article 80:

The Council of Ministers shall exercise the following powers:

First: To plan and execute the general policy and general plans of the State and

oversee the work of the ministries and departments not associated with a ministry.

Second: To propose bills.

Third: To issue rules, instructions, and decisions for the purpose of implementing

the law.

Fourth: To prepare the draft of the general budget, the closing account, and the

development plans.

Fifth: To recommend to the Council of Representatives that it approve the

appointment of undersecretaries, ambassadors, state senior officials, the Chief of

Staff of the Armed Forces and his deputies, division commanders or higher, the

Director of the National Intelligence Service, and heads of security institutions.

Sixth: To negotiate and sign international agreements and treaties, or designate

any person to do so.

Article 81:

First: The President of the Republic shall take up the office of the Prime Minister

in the event the post becomes vacant for any reason whatsoever.

Second: If the event mentioned in “First” of this Article occurs, the President shall

charge another nominee to form the Council of Ministers within a period not to

exceed fifteen days in accordance with the provisions of Article 76 of this

Constitution.

Article 82:

A law shall regulate the salaries and allowances of the Prime Minister and Ministers, and

anyone of their grade.

Article 83:

The responsibility of the Prime Minister and the Ministers before the Council of

Representatives is of a joint and personal nature.

Article 84:

First: A law shall regulate the work and define the duties and authorities of the

security institutions and the National Intelligence Service, which shall operate in

accordance with the principles of human rights and shall be subject to the

oversight of the Council of Representatives.

Second: The National Intelligence Service shall be attached to the Council of

Ministers.

Article 85:

The Council of Ministers shall establish internal bylaws to organize the work therein.

Article 86:

A law shall regulate the formation of ministries, their functions, and their specializations,

and the authorities of the minister.

Chapter Three

[The Judicial Power]

Article 87:

The judicial power is independent. The courts, in their various types and levels, shall

assume this power and issue decisions in accordance with the law.

Article 88:

Judges are independent, and there is no authority over them except that of the law. No

power shall have the right to interfere in the judiciary and the affairs of justice.

Article 89:

The federal judicial power is comprised of the Higher Juridical Council, the Federal

Supreme Court, the Federal Court of Cassation, the Public Prosecution Department, the

Judiciary Oversight Commission, and other federal courts that are regulated in

accordance with the law.

First: Higher Juridical Council

Article 90:

The Higher Juridical Council shall oversee the affairs of the judicial committees. The

law shall specify the method of its establishment, its authorities, and the rules of its

operation.

Article 91:

The Higher Juridical Council shall exercise the following authorities:

First: To manage the affairs of the judiciary and supervise the federal judiciary.

Second: To nominate the Chief Justice and members of the Federal Court of

Cassation, the Chief Public Prosecutor, and the Chief Justice of the Judiciary

Oversight Commission, and to present those nominations to the Council of

Representatives to approve their appointment.

Third: To propose the draft of the annual budget of the federal judicial authority,

and to present it to the Council of Representatives for approval.

Second: Federal Supreme Court

Article 92:

First: The Federal Supreme Court is an independent judicial body, financially and

administratively.

Second: The Federal Supreme Court shall be made up of a number of judges,

experts in Islamic jurisprudence, and legal scholars, whose number, the method of

their selection, and the work of the Court shall be determined by a law enacted by

a two-thirds majority of the members of the Council of Representatives.

Article 93:

The Federal Supreme Court shall have jurisdiction over the following:

First: Overseeing the constitutionality of laws and regulations in effect.

Second: Interpreting the provisions of the Constitution.

Third: Settling matters that arise from the application of the federal laws,

decisions, regulations, instructions, and procedures issued by the federal

authority. The law shall guarantee the right of direct appeal to the Court to the

Council of Ministers, those concerned individuals, and others.

Fourth: Settling disputes that arise between the federal government and the

governments of the regions and governorates, municipalities, and local

administrations.

Fifth: Settling disputes that arise between the governments of the regions and

governments of the governorates.

Sixth: Settling accusations directed against the President, the Prime Minister and

the Ministers, and this shall be regulated by law.

Seventh: Ratifying the final results of the general elections for membership in the

Council of Representatives.

Eight:

A. Settling competency disputes between the federal judiciary and the

judicial institutions of the regions and governorates that are not

organized in a region.

B. Settling competency disputes between judicial institutions of the

regions or governorates that are not organized in a region.

Article 94:

Decisions of the Federal Supreme Court are final and binding for all authorities.

Third: General Provisions

Article 95:

The establishment of special or extraordinary courts is prohibited.

Article 96:

The law shall regulate the establishment of courts, their types, levels, and jurisdiction,

and the method of appointing and the terms of service of judges and public prosecutors,

their discipline, and their retirement.

Article 97:

Judges may not be removed except in cases specified by law. Such law will determine

the particular provisions related to them and shall regulate their disciplinary measures.

Article 98:

A judge or public prosecutor is prohibited from the following:

First: Combining a judicial position with legislative and executive positions and

any other employment.

Second: Joining any party or political organization or performing any political

activity.

Article 99:

A law shall regulate the military judiciary and shall specify the jurisdiction of military

courts, which are limited to crimes of a military nature committed by members of the

armed forces and security forces, and within the limits established by law.

Article 100:

It is prohibited to stipulate in the law the immunity from appeal for any administrative

action or decision.

Article 101:

A State Council may be established, specialized in functions of the administrative

judiciary, issuing opinions, drafting, and representing the State and various public

commissions before the courts except those exempted by law.

Chapter Four

[Independent Commissions]

Article 102:

The High Commission for Human Rights, the Independent Electoral Commission, and

the Commission on Public Integrity are considered independent commissions subject to

monitoring by the Council of Representatives, and their functions shall be regulated by

law.

Article 103:

First: The Central Bank of Iraq, the Board of Supreme Audit, the Communication

and Media Commission, and the Endowment Commissions are financially and

administratively independent institutions, and the work of each of these

institutions shall be regulated by law.

Second: The Central Bank of Iraq is responsible before the Council of

Representatives. The Board of Supreme Audit and the Communication and

Media Commission shall be attached to the Council of Representatives.

Third: The Endowment Commissions shall be attached to the Council of

Ministers.

Article 104:

A commission named The Martyrs’ Foundation shall be established and attached to the

Council of Ministers, and its functions and competencies shall be regulated by law.

Article 105:

A public commission shall be established to guarantee the rights of the regions and

governorates that are not organized in a region to ensure their fair participation in

managing the various state federal institutions, missions, fellowships, delegations, and

regional and international conferences. The commission shall be comprised of

representatives of the federal government and representatives of the regions and

governorates that are not organized in a region, and shall be regulated by a law.

Article 106:

A public commission shall be established by a law to audit and appropriate federal

revenues. The commission shall be comprised of experts from the federal government,

the regions, the governorates, and its representatives, and shall assume the following

responsibilities:

First: To verify the fair distribution of grants, aid, and international loans pursuant

to the entitlement of the regions and governorates that are not organized in a

region.

Second: To verify the ideal use and division of the federal financial resources.

Third: To guarantee transparency and justice in appropriating funds to the

governments of the regions and governorates that are not organized in a region in

accordance with the established percentages.

Article 107:

A council named the Federal Public Service Council shall be established and shall

regulate the affairs of the federal public service, including appointments and promotions,

and its formation and competencies shall be regulated by law.

Article 108:

Other independent commissions may be established by law, according to need and

necessity.

Section Four

Powers of the Federal Government

Article 109:

The federal authorities shall preserve the unity, integrity, independence, and sovereignty

of Iraq and its federal democratic system.

Article 110:

The federal government shall have exclusive authorities in the following matters:

First: Formulating foreign policy and diplomatic representation; negotiating,

signing, and ratifying international treaties and agreements; negotiating, signing,

and ratifying debt policies and formulating foreign sovereign economic and trade

policy.

Second: Formulating and executing national security policy, including

establishing and managing armed forces to secure the protection and guarantee

the security of Iraq’s borders and to defend Iraq.

Third: Formulating fiscal and customs policy; issuing currency; regulating

commercial policy across regional and governorate boundaries in Iraq; drawing

up the national budget of the State; formulating monetary policy; and establishing

and administering a central bank.

Fourth: Regulating standards, weights, and measures.

Fifth: Regulating issues of citizenship, naturalization, residency, and the right to

apply for political asylum.

Sixth: Regulating the policies of broadcast frequencies and mail.

Seventh: Drawing up the general and investment budget bill.

Eighth: Planning policies relating to water sources from outside Iraq and

guaranteeing the rate of water flow to Iraq and its just distribution inside Iraq in

accordance with international laws and conventions.

Ninth: General population statistics and census.

Article 111:

Oil and gas are owned by all the people of Iraq in all the regions and governorates.

Article 112:

First: The federal government, with the producing governorates and regional

governments, shall undertake the management of oil and gas extracted from

present fields, provided that it distributes its revenues in a fair manner in

proportion to the population distribution in all parts of the country, specifying an

allotment for a specified period for the damaged regions which were unjustly

deprived of them by the former regime, and the regions that were damaged

afterwards in a way that ensures balanced development in different areas of the

country, and this shall be regulated by a law.

Second: The federal government, with the producing regional and governorate

governments, shall together formulate the necessary strategic policies to develop

the oil and gas wealth in a way that achieves the highest benefit to the Iraqi people

using the most advanced techniques of the market principles and encouraging

investment.

Article 113:

Antiquities, archeological sites, cultural buildings, manuscripts, and coins shall be

considered national treasures under the jurisdiction of the federal authorities, and shall be

managed in cooperation with the regions and governorates, and this shall be regulated by

law.

Article 114:

The following competencies shall be shared between the federal authorities and regional

authorities:

First: To manage customs, in coordination with the governments of the regions

and governorates that are not organized in a region, and this shall be regulated by

a law.

Second: To regulate the main sources of electric energy and its distribution.

Third: To formulate environmental policy to ensure the protection of the

environment from pollution and to preserve its cleanliness, in cooperation with

the regions and governorates that are not organized in a region.

Fourth: To formulate development and general planning policies.

Fifth: To formulate public health policy, in cooperation with the regions and

governorates that are not organized in a region.

Sixth: To formulate the public educational and instructional policy, in

consultation with the regions and governorates that are not organized in a region.

Seventh: To formulate and regulate the internal water resources policy in a way

that guarantees their just distribution, and this shall be regulated by a law.

Article 115:

All powers not stipulated in the exclusive powers of the federal government belong to the

authorities of the regions and governorates that are not organized in a region. With

regard to other powers shared between the federal government and the regional

government, priority shall be given to the law of the regions and governorates not

organized in a region in case of dispute.

Section Five

Powers of the Regions

Chapter One

[Regions]

Article 116:

The federal system in the Republic of Iraq is made up of a decentralized capital, regions,

and governorates, as well as local administrations.

Article 117:

First: This Constitution, upon coming into force, shall recognize the region of

Kurdistan, along with its existing authorities, as a federal region.

Second: This Constitution shall affirm new regions established in accordance with

its provisions.

Article 118:

The Council of Representatives shall enact, in a period not to exceed six months from the

date of its first session, a law that defines the executive procedures to form regions, by a

simple majority of the members present.

Article 119:

One or more governorates shall have the right to organize into a region based on a request

to be voted on in a referendum submitted in one of the following two methods:

First: A request by one-third of the council members of each governorate intending to

form a region.

Second: A request by one-tenth of the voters in each of the governorates intending to

form a region.

Article 120:

Each region shall adopt a constitution of its own that defines the structure of powers of

the region, its authorities, and the mechanisms for exercising such authorities, provided

that it does not contradict this Constitution.

Article 121:

First: The regional powers shall have the right to exercise executive, legislative,

and judicial powers in accordance with this Constitution, except for those

authorities stipulated in the exclusive authorities of the federal government.

Second: In case of a contradiction between regional and national legislation in

respect to a matter outside the exclusive authorities of the federal government, the

regional power shall have the right to amend the application of the national

legislation within that region.

Third: Regions and governorates shall be allocated an equitable share of the

national revenues sufficient to discharge their responsibilities and duties, but

having regard to their resources, needs, and the percentage of their population.

Fourth: Offices for the regions and governorates shall be established in embassies

and diplomatic missions, in order to follow cultural, social, and developmental

affairs.

Fifth: The regional government shall be responsible for all the administrative

requirements of the region, particularly the establishment and organization of the

internal security forces for the region such as police, security forces, and guards

of the region.

Chapter Two

[Governorates that are not incorporated in a region]

Article 122:

First: The governorates shall be made up of a number of districts, sub-districts,

and villages.

Second: Governorates that are not incorporated in a region shall be granted broad

administrative and financial authorities to enable them to manage their affairs in

accordance with the principle of decentralized administration, and this shall be

regulated by law.

Third: The governor, who is elected by the Governorate Council, is deemed the

highest executive official in the governorate to practice his powers authorized by

the Council.

Fourth: A law shall regulate the election of the Governorate Council, the

governor, and their powers.

Fifth: The Governorate Council shall not be subject to the control or supervision

of any ministry or any institution not linked to a ministry. The Governorate

Council shall have independent finances.

Article 123:

Powers exercised by the federal government can be delegated to the governorates or vice

versa, with the consent of both governments, and this shall be regulated by law.

Chapter Three

[The Capital]

Article 124:

First: Baghdad in its municipal borders is the capital of the Republic of Iraq and shall

constitute, in its administrative borders, the governorate of Baghdad.

Second: This shall be regulated by a law.

Third: The capital may not merge with a region.

Chapter Four

[The Local Administrations]

Article 125:

This Constitution shall guarantee the administrative, political, cultural, and educational

rights of the various nationalities, such as Turkomen, Chaldeans, Assyrians, and all other

constituents, and this shall be regulated by law.

Section Six

Final and Transitional Provisions

Chapter One

[Final Provisions]

Article 126:

First: The President of the Republic and the Council of the Ministers collectively,

or one-fifth of the Council of Representatives members, may propose to amend

the Constitution.

Second: The fundamental principles mentioned in Section One and the rights and

liberties mentioned in Section Two of the Constitution may not be amended

except after two successive electoral terms, with the approval of two-thirds of the

members of the Council of Representatives, the approval of the people in a

general referendum, and the ratification by the President of the Republic within

seven days.

Third: Other articles not stipulated in clause “Second” of this Article may not be

amended, except with the approval of two-thirds of the members of the Council of

Representatives, the approval of the people in a general referendum, and the

ratification by the President of the Republic within seven days.

Fourth: Articles of the Constitution may not be amended if such amendment takes

away from the powers of the regions that are not within the exclusive powers of

the federal authorities, except by the approval of the legislative authority of the

concerned region and the approval of the majority of its citizens in a general

referendum.

Fifth:

A- An amendment is considered ratified by the President of the Republic after

the expiration of the period stipulated in clauses “Second” and “Third” of

this Article, in case he does not ratify it.

B- An amendment shall enter into force on the date of its publication in the

Official Gazette.

Article 127:

The President of the Republic, the Prime Minister, members of the Council of Ministers,

the Speaker of the Council of Representatives, his two Deputies, members of the Council

of Representatives, members of the Judicial Authority, and people of special grades may

not use their influence to buy or rent any state properties, to rent or sell any of their assets

to the state, to sue the state for these assets, or to conclude a contract with the state under

the pretense of being building contractors, suppliers, or concessionaires.

Article 128:

The laws and judicial judgments shall be issued in the name of the people.

Article 129:

Laws shall be published in the Official Gazette and shall take effect on the date of their

publication, unless stipulated otherwise.

Article 130:

Existing laws shall remain in force, unless annulled or amended in accordance with the

provisions of this Constitution.

Article 131:

Every referendum mentioned in this Constitution is deemed successful with the approval

of the majority of the voters unless otherwise stipulated.

Chapter Two

[Transitional Provisions]

Article 132:

First: The State shall guarantee care for the families of the martyrs, political

prisoners, and victims of the oppressive practices of the defunct dictatorial

regime.

Second: The State shall guarantee compensation to the families of the martyrs

and the injured as a result of terrorist acts.

Third: A law shall regulate matters mentioned in clauses “First” and “Second” of

this Article.

Article 133:

The Council of Representatives shall adopt in its first session the bylaws of the

Transitional National Assembly until it adopts its own bylaws.

Article 134:

The Iraqi High Tribunal shall continue its duties as an independent judicial body, in

examining the crimes of the defunct dictatorial regime and its symbols. The Council of

Representatives shall have the right to dissolve it by law after the completion of its work.

Article 135:

First: The High Commission for De-Ba’athification shall continue its functions as

an independent commission, in coordination with the judicial authority and the

executive institutions within the framework of the laws regulating its functions.

The Commission shall be attached to the Council of Representatives.

Second: The Council of Representatives shall have the right to dissolve this

Commission by an absolute majority after the completion of its function.

Third: A nominee to the positions of the President of the Republic, the Prime

Minister, the members of the Council of Ministers, the Speaker, the members of

the Council of Representatives, the President, members of the Federation Council,

their counterparts in the regions, or members of the judicial commissions and

other positions covered by de-Ba’athification statutes pursuant to the law may not

be subject to the provisions of de-Ba’athification.

Fourth: The conditions stated in clause “Third” of this Article shall remain in

force unless the Commission stated in item “First” of this Article is dissolved.

Fifth: Mere membership in the dissolved Ba’ath party shall not be considered a

sufficient basis for referral to court, and a member shall enjoy equality before the

law and protection unless covered by the provisions of De-Ba’athification and the

directives issued according to it.

Sixth: The Council of Representatives shall form a parliamentary committee from

among its members to monitor and review the executive procedures of the Higher

Commission for De-Ba’athification and state institutions to guarantee justice,

objectivity, and transparency and to examine their consistency with the laws. The

committee’s decisions shall be subject to the approval of the Council of

Representatives.

Article 136:

First: The Property Claims Commission shall continue its functions as an

independent commission in coordination with the judicial authority and the

executive institutions in accordance with the law. The Property Claims

Commission shall be attached to the Council of Representatives.

Second: The Council of Representatives shall have the right to dissolve the

Commission by a two-thirds majority vote of its members.

Article 137:

Application of the provisions of the articles related to the Federation Council, wherever it

may be cited in this Constitution, shall be postponed until the Council of Representatives

issues a decision by a two-thirds majority vote in its second electoral term that is held

after this Constitution comes into force.

Article 138:

First: The expression “the Presidency Council” shall replace the expression “the

President of the Republic” wherever the latter is mentioned in this Constitution.

The provisions related to the President of the Republic shall be reactivated one

successive term after this Constitution comes into force.

Second:

A. The Council of Representatives shall elect the President of the State and

two Vice Presidents who shall form a Council called the “Presidency

Council,” which shall be elected by one list and with a two-thirds

majority.

B. The provisions to remove the President of the Republic present in this

Constitution shall apply to the President and members of the Presidency

Council.

C. The Council of Representatives may remove a member of the Presidency

Council with a three-fourths majority of the number of its members for

reasons of incompetence and dishonesty.

D. In the event of a vacant seat in the Presidency Council, the Council of

Representatives shall elect a replacement by a two-thirds majority vote of

its members.

Third: Members of the Presidency Council shall be subject to the same conditions

as a member of the Council of Representatives and must:

A. Be over forty years of age.

B. Enjoy good reputation, integrity and uprightness.

C. Have quit the dissolved (Ba’ath) Party ten years prior to its fall, in case he

was a member of it.

D. Have not participated in suppressing the 1991 and Al-Anfal uprisings. He

must not have committed a crime against the Iraqi people.

Fourth: The Presidency Council shall issue its decisions unanimously and any

member may delegate to one of the two other members to take his place.

Fifth:

A- Legislation and decisions enacted by the Council of Representatives shall

be forwarded to the Presidency Council for their unanimous approval and

for its issuance within ten days from the date of delivery to the Presidency

Council, except the stipulations of Articles 118 and 119 that pertain to the

formation of regions.

B- In the event the Presidency Council does not approve, legislation and

decisions shall be sent back to the Council of Representatives to

reexamine the disputed issues and to vote on them by the majority of its

members and then shall be sent for the second time to the Presidency

Council for approval.

C- In the event the Presidency Council does not approve the legislation and

decisions for the second time within ten days of receipt, the legislation and

decisions are sent back to the Council of Representatives, which has the

right to adopt it by three-fifths majority of its members, which may not be

challenged, and the legislation or decision shall be considered ratified.

Sixth: The Presidency Council shall exercise the powers of the President of the

Republic stipulated in this Constitution.

Article 139:

The Prime Minister shall have two deputies in the first electoral term.

Article 140:

First: The executive authority shall undertake the necessary steps to complete the

implementation of the requirements of all subparagraphs of Article 58 of the

Transitional Administrative Law.

Second: The responsibility placed upon the executive branch of the Iraqi

Transitional Government stipulated in Article 58 of the Transitional

Administrative Law shall extend and continue to the executive authority elected

in accordance with this Constitution, provided that it accomplishes completely

(normalization and census and concludes with a referendum in Kirkuk and other

disputed territories to determine the will of their citizens), by a date not to exceed

the 31st of December 2007.

Article 141:

Legislation enacted in the region of Kurdistan since 1992 shall remain in force, and

decisions issued by the government of the region of Kurdistan, including court decisions

and contracts, shall be considered valid unless they are amended or annulled pursuant to

the laws of the region of Kurdistan by the competent entity in the region, provided that

they do not contradict with the Constitution.

Article 142:

First: The Council of Representatives shall form at the beginning of its work a

committee from its members representing the principal components of the Iraqi

society with the mission of presenting to the Council of Representatives, within a

period not to exceed four months, a report that contains recommendations of the

necessary amendments that could be made to the Constitution, and the committee

shall be dissolved after a decision is made regarding its proposals.

Second: The proposed amendments shall be presented to the Council of

Representatives all at once for a vote upon them, and shall be deemed approved

with the agreement of the absolute majority of the members of the Council.

Third: The articles amended by the Council of Representatives pursuant to item

“Second” of this Article shall be presented to the people for voting on them in a

referendum within a period not exceeding two months from the date of their

approval by the Council of Representatives.

Fourth: The referendum on the amended Articles shall be successful if approved

by the majority of the voters, and if not rejected by two-thirds of the voters in

three or more governorates.

Fifth: Article 126 of the Constitution (concerning amending the Constitution)

shall be suspended, and shall return into force after the amendments stipulated in

this Article have been decided upon.

Article 143:

The Transitional Administrative Law and its Annex shall be annulled on the seating of

the new government, except for the stipulations of Article 53(A) and Article 58 of the

Transitional Administrative Law.

Article 144:

This Constitution shall come into force after the approval of the people thereon in a

general referendum, its publication in the Official Gazette, and the seating of the

government that is formed pursuant to this Constitution.