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In the name of people Presidency council
Pursuant to what have passed by the parliament, approved by presidency council and according to the rules of (1st) clause from the article (61) and (3rd)clause from the article(73)of constitution, the following law has been issued:-
No ( ) 2009 Chapter one The law of non- Governmental organization
Article-1-The following expressions and terms mean the following vocabulary:-
1- Non – governmental organization:-It is group of natural and moral persons registered and has legal personality in accordance with the provisions of this law which seeks to achieve non-profit purposes. 2-Foreign non- governmental organization:-It is branch of non –governmental organization which established under the law of another state and it was practiced the work of organization for the republic of Iraq and registered in accordance with the provisions of this law. 3-The network of non- governmental organization registered under the provisions of this law which consisting of number of non –governmental organization and each one has moral personality. 4-Ministry: - The state of the affairs for civil society . 5- Department: - The department of NGO. Article -2- The objectives of this law are stated as follow:- 1-Consolidating the role of the organization of civil society, as well as supporting , developing and keeping its independence according to the law. 2-Enhancing the people freedom by establishing NGO in integration with it 3-Article-3-The organization pursuing to achieve the objectives of this law by democratic and peaceful methods. |
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Chapter Two
The Foundation
Article -4- First- Every natural and moral Iraqi person has the right to establish or join a non-governmental organization or withdraw from it according to provisions of this law.
Second- The founding member should be: A- of Iraqi nationality
B- Fully eligible and completed (20) twenty years of age for the natural person.
C- Not convicted in non political crime or offence against honor.
Third- Exempted from the provisions of paragraph (B) of clause (second) of this article, the juveniles are entitled to establish non-governmental organization practices its activities by written consent from one of the adult non-governmental organizations provided that the adult organization:
A- Be registered according to provisions of this law.
B- Its bylaw should indicate its interest in juveniles.
C- Its sound legal status confirmed by the department.
Article -5- First- The application of foundation is submitted to the department signed by the founders provided that their number is not less than (5) five persons containing the following:
A- The name of the organization in Arabic or Kurdish and English languages.
B- The address of the organization confirmed by competent official authority.
C- Names of the founding members and their own telephone numbers and e-mails (if any).
Second- The following should be attached to the foundation application:
A- Memorandum of Foundation.
B- The bylaw of the organization
C- Copy of the Iraqi Nationality Certificate and the Civil Status Identity Card for the natural founding members. D- Names of the legally authorized persons to represent the organization and receive the official notices on its behalf and to reply the inquires related to the foundation and registration, and the means of communicating with them.
Article -6- The bylaw of the organization should include the following:
First- The official name of the organization in Arabic language or Kurdish with English language.
Second- The address of the main office of the organization.
Third- Detailed memorandum in the objectives of the organization and the means of achieving them.
Fourth- Copy of the logo and seal of the organization.
Fifth- Conditions of membership and cases of its termination and the rights and duties of the member.
Sixth- Showing the organizational structure of the organization, the mechanism of election and the powers of each of its committees.
Seventh- Defining the side which has the power to take the decision of dissolution within the organization.
Eighth- Defining the side to which the movable and immovable property of the organization will ensure when dissolved or liquidated together with observing the provisions of clause (fourth) of article (24) of this law.
Ninth- The method of appointing the staff and determining their salaries.
Tenth- The financial resources of the organization and the amount of the monthly or annual subscription if any.
Article -7- The application of foundation and the registration formality are exempted from fees.
Article -8- First- The department decides in the foundation application within (7) days from the date of registering it at the office of the head of the department otherwise the application is considered accepted.
Second- The organization submits the registration formality to the department within (60) sixty days from the date of accepting the foundation application otherwise the foundation application is considered rejected.
Third- Attached to the registration formality the following documents:
A- The registration form prepared by the department containing the information required in it.
B- The estimated budget for the year in which the application is submitted.
C- Minutes of electing the board of directors or the decision of appointing them.
D- List of the assets of the organization. Fourth- The department issued the registration certificate of the organization in a maximum period of (60) sixty days from the date of receiving the registration formality satisfying the information and the required documents.
Fifth- The organization acquires the moral personality from the date of issuing the registration certificate.
Sixth- the department when refusing the registration of the organization should explain the reasons of the rejection and notifies the registration applicants in the decision in writing.
Seventh- The decision of the department in rejecting the registration application is subject to appeal at the court of administrative judiciary according to law:
Eighth: The registration certificate issued by the department is valid for a period of two years subject to renewal.
Article -9- The department opens special register for the non-governmental organizations, the networks of non- governmental organizations and the branches of the non-governmental organizations registered with it contains the name of the organization, the network or the branch, the field of its activity, its full address and any actions taken regarding it or penalties imposed on it.
Article -10- The organization is prohibited from the following:
First- Adopting objectives contradicting with the independence of the country, national integrity and its republican parliamentarian democratic regime.
Second- Spreading dissension or causing separation between different ethnicities, religions or faiths.
Third- Encouraging violence against the Republic of Iraq and its constitution and democratic regime.
Fourth: Adopting objectives that violate the Iraqi laws or constituting danger on the national security or the public safety or public order such as endeavoring behind the military activities or manufacturing weapons or ammunitions or buying or selling the weapons or materials or training individuals in the military fields or the special training in war techniques or joining the terrorist acts or supporting or enticing on them or contributing in financing them or planting narcotics or producing them or dealing with them or storing or possessing them or trading with them. |
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Fifth- Practicing commercial business in order to distribute funds to its members for personal benefit or exploiting the organization for the purpose of evading the payment of taxes.
Sixth- Nominating any person for public positions or collecting funds to support the nominees for public positions or providing material or moral support to candidates.
Seventh- Providing any special or personal benefits directly or indirectly to its members, founders or staff and the members of the executive committee or their relatives and any person related to the organization including the donors to third degree.
Eighth- Including in its bylaw what indicates the distribution of funds coming from donations or aids to its members when dissolving the organization.
Chapter Three
Membership
Article 11- First- The member of the organization should be:
A- Of Iraqi nationality B- Of full eligibility and completed (18) eighteen years of age. C- Not convicted in non-political crime or offence against honor. D- Accepted the bylaw of the organization in writing.
Second: The member loses the membership in case of death, resignation, losing one of the conditions of membership, dismissing him according to the bylaw of the organization or in case of dissolving the organization.
Third- The member who lost the membership or his inheritors have no right in the property of the organization except in the cases in which the organization has joint cooperation fund stipulated in its bylaw.
Fourth- As exception from the provision of paragraph (B) of clause (First) of this article, the juveniles may join the organization and be honorary member and not entitled to attend the general meetings or vote on its decisions.
Fifth- A- The organization may accept the membership of the foreigner residing in the Republic of Iraq provided that the percentage of foreigners does not exceed (25%) twenty five percent of the number of members.
B- It is not possible for the number of foreign members in each committee of the organization to exceed (25%) twenty five percent.
Sixth- It is not possible for the foreigner to be the head of the organization or one of its founders or chairman of one of its committees.
Seventh- Any person could be a member in a number of organizations and cannot preside more than one organization.
Eighth- Together with observing the conditions stipulated in clause (First) of this article, the organization may determine its own membership conditions provided that they do not contradict the provisions of this law, the public order or the morals.
Ninth: The members, founders and staff of the organization or the members of the administrative or executive committee are not liable personally for the legal obligations of the organization and the creditors of the organization are not entitled to claim the payment of the debts from their own funds.
Article -12- The members and staff of the organization are obliged in the following:
First- Avoiding any actual or probable conflict between their personal or functional interests and the interest of the organization.
Second- Disclosing any actual or probable conflict between their personal or functional interests and the interest of the organization and informing the administrative committee in that.
Third- Refraining from attending the meetings and taking decisions in the matters which serve their own interests.
Fourth- The contractual transactions between them and the organization and its members should be consistent with the bylaw of the organization.
Chapter Four
Financial Provisions
Article 13- The resources of the organization consist of the following: First- the subscriptions of the members.
Second- The donations, grants and wills.
Third- The proceeds resulting from the activities and projects of the organization.
Article 14- First – The organization is obliged to spend its resources on the activities that achieve its objectives. |
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Chapter Six
(Integration and Solution)
Article- 22- 1St/ The organization which have similar and converging aims can be merged with each other and made one organization under unified internal system according to the internal system for each one.
2nd/ The procedures of integration and establishing the new organization is subject to this Law.
3rd/ It was prohibited that the organization which has public profit to be merged with an organization which has public profit.
4th/ The organization can be affiliated or participated or joined with an organization or commission, or club, or establishment or network agreed with its aims which will be existed outside Iraq according to the approval of the concerned department.
5th/ The new organization can obtain the moral personality from the date of issuing the registration certified, and be a general successor for the integrated organization regarding its right, and obligations.
Article- 23- 1st/ The dissolution of organization will be either voluntarily by the resolution of members according to its internal system, or judicially by the resolution of court.
2nd/ In case that the organization has decided to dissolute the organization, it should acknowledge the liquidator department within 30 days from the issuing date or appoint a liquidator or address the department in order to choose and appoint him.
3rd/ If the judicial resolution has been issued for dissolution matter in such case the court should appoint the liquidator.
4th/ The organization should submit a report indicating its immovable and movable properties for liquidation purposes which will be reliable to fulfill its obligation and the remaining balance will be distributed according to the internal system of organization unless those properties (amounts) have been accumulated from donations, aids, legacy in such case those properties will be transferred to another organization which has similar targets, and it will be determined by the department.
Chapter Seven
(Penalties)
Article -24- Taking into consideration what is stipulated in the other laws, the organization will be penalized in case violating the provisions of this law, by the following penalties:
A- To warn the organization the need to remove the violation within a period not exceeding ten days from the warning date.
B- To suspend the organization work for a period not exceeding 30 days if they do not remove the violation during the stated period in Para A- of this article or if the same violation is repeated.
C- The organization has the right to submit a petition to the Minister within 10 days of the notification date.
D- The Minister is to decide in the complaint during (10) days from the date of its registration in his office and his decision is subject to appeal before the Administrative Justice Court within (10) ten days from the date of notifying the organization about it or considering it notified.
2nd/ Dissolution, and it is issued by a judicial decision based on a request from the department and that is in one of the following cases:
A- If one year passed over establishing the organization and it did not commence its works stated in its internal system or it suspended to practice its works for the mentioned period without a reason.
B- If it practiced activities which contradict with its aims stated in its internal system or if it did not accomplish its duties stated in this law.
C- if It became incapable of fulfilling its undertakings and obligations.
D- If it specified its funds or the profits of its funds for purposes other than what it was established for.
E- If it was proved that it was practicing gambling or other things which contradict the common system and ethics.
E- If it was proved that it owned and stored war or fire weapons or materials subject to explosion or narcotics in its head office or in one of the centers of its branches or in another location.
F- If it did not remove the violation in spite of warning it, suspending its work, and using all appealing ways regarding the suspension decision.
Article: 25- First – Punished in imprisonment for a period not exceeding (3) years whoever: A- Was a member in organization established contrary to the previsions of this law.
B- Exercises an activity in organization whose establishment application is rejected or is dissolved according to provisions of this laws.
Second- Punished in imprisonment for a period not exceeding (6) Six moths every member in organization practicing activity in it in spite of suspending its work.
Chapter Eight
Foreign Non Governmental Organization
Article - 26- The branch of the foreign non governmental organization in Iraq is registered according to provisions of this law.
Article - 27- First – The branch of the organization for the purposes of registration submits the following information and documents:
A- The name of the organization.
B- The address of the main office of the organization branch in Iraq confirmed by competent official authority.
C- Detailed statement in the activities the organization branch endeavors to fulfill in Iraq.
D- Names, address and telephone numbers of the affiliates of the foreign non governmental organization residing in Iraq.
E- Photocopy of the Iraqi nationality certificate and the civil states card for the Iraqi affiliate and photocopy of the passport and the residence document for the foreign affiliate.
F- The bylaws of the mother organization.
G- Properly authenticated certificate confirming that the mother foreign organization is registered in its country as non governmental and non profit organization.
H- Report about the activities of the mother foreign non governmental organization outside Iraq.
Second: Provided that the information and documents stipulated in clause (First) of this article be translated into Article language and certified by official authority in what confirms the correctness of the translation. Article - 28- The foreign non governmental organization may establish a branch for it in the Republic of Iraq according to provisions of this law.
Article - 29- It is forbidden for the branch of the foreign non governmental organization to participate in the political and sectarian activities in the Republic of Iraq.
Article - 30- The branches of the foreign non governmental organization working in Iraq are subjected to the provisions of Iraqi laws.
Chapter Nine
Non Governmental Organization Network
Article - 31- First – Any Two of more non governmental organizations registered in Iraq according to processions of the law they establish non governmental originations network.
Second: The network submits to the department an application for establishment and registration according to provisions of this laws.
Third: The network acquires a mural personality independent from the personality of the organization entering in it.
Forth: The network may join one more networks.
Fifth: The network may accept the membership of the branches of the foreign non governmental organization registered according to the provisions of this laws according to the following conditions:
A- The representative of the branch of the foreign non governmental organization is not to be president of the network.
B- The number of the branches of the foreign non governmental organizations in the network and each of its committees does not exceed (25%) Twenty Five percent of the number of members.
Sixth: Applied on the network what is applied on the organization of provisions related to establishment, registration and acquiring the mural personality, merging, dissolution, rights, duties and penalties, and prohibited for it what is prohibited for the organization.
2nd/ The organization has the right to participate in the tenders announced by the government, provided that the materials and the services required in the tender are included within the specialization of the organization.
3rd/ The organization has the right by the consent of the department to own real estates as many as it is necessary to take a head office for it and centers for its branches or a place for its members meeting or to achieve its aims in accordance with the law.
4th/ The organization has the right to sell any property which is no longer necessary for its aims in accordance with the law by a permission from the department and the price of the property is registered as an income for it.
Article 15- The organization submits to the department each year the following:
1st/ One financial report including a detailed description of the organization financing resources and its financial dealings.
2nd/ A report of the organization activities including a profile of the projects that the organization had executed through the year.
Article 16- 1st/ The organization accomplishes its financial processes by means of a bank account.
2nd/ It is not allowed to freeze the bank account of the organization unless by a judicial acknowledgement.
Article 17- 1st/ The organization has the right to receive donations, grants and wills from inside and outside the Republic of Iraq by the department approval.
2nd/ Any one who desires to donate for the non- governmental organization, he must notify the department about that.
Article 18- 1st/ The organization of the public profit is exempted from the income tax, the tax of additional value, customs tariffs and fees and taxes of sales.
2nd/ It is stipulated for the organization of the public profit to aim at achieving the common interest.
3rd/ The feature of the public profit is granted to the organization and is taken away from it by a decision of the Ministers Council based on a suggestion from the State Minister for the Civil Society Affairs.
4th/ The Ministers Council has the right to grant the organization of the public profit the rights and privileges other than what was stated in this law, which helps it to achieve its aims, and in return, he has the right to take special procedures for controlling and supervising it. Chapter Ten
(Final and General Instructions_
Article 32- NGO. Can open branches inside and outside Iraq with the consent of the department.
Article 33- The organization cannot take a name which is similar to the names of the governmental parties or political entities or unions or syndicates.
Article 34- The organization is confirmed to inform the department with any changes may be occurred on the statements and submitted documents for the department within 30 days from the date of changing occurrence.
Article 35- It was prohibited that NGO which was registered according to the rules of this law to be registered in other party.
Article 36- The branches of the Foreign NGO have the right to appropriate the movable assets according to this law.
Article 37- - 1st/ The rules of this law is applied on the following points:
A- All the registered NGO in Iraq before its validity except the one established according to special laws.
B- The branches of Foreign NGO which were registered in the Republic of Iraq unless, otherwise stated.
2nd/ NGO. which are covered with the rules of Article (A) from the (1st) paragraph of this article are committed to conform its conditions according to the rules of this law within 90 days from its validity.
3rd/ The rules of this law are not applied on political entities, professional associations, union, institution which were established under private laws.
Article 38- To release the connectivity of the NGO by its rights, obligations, personnel and assets, from the General Secretary of the Cabinet and to be connected to the Ministry of Civil Status Affairs and will take the responsibility of registering the NGO's and following up.
Article 39- The following will be repealed: 1st/ Societies Act relative to the foreigners No. (34) for the year 1962.
2nd/ Societies Act No. (13) for the year 2000.
3rd/ The order of the Coalition Provisional and dissolved Authority No. (45) for the year 2003 (NGO Non Governmental Organizations)
4th/ The resolution No. (16) for the year 2005 (disengage the liaison of the Assistance Office for the non- governmental organizations).
Article 40/ The Minister can issue instructions to facilitate the execution process for the rules of this law.
Article 41/ This law is executed from the date of its circulating in the formal newspaper.
The Reasons of This Law
This law has been legislated to secure the establishment of non- governmental organizations to be affiliated with them which is guaranteed by the constitution as well as, to facilitate the registration process for the Iraqi NGO together with the branches of the foreign NGO.
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