Iraqi Streets شوارع عراقية

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In the name of the people
The Presidency Council
According to what has been approved by the Council of Representatives and endorsed by the
Presidency Council, and in accordance with Articles (61- First), and (73-Third) of the
Constitution, the following law has been issued:
No. ( ) of 2009
The Law of Non-Governmental Organizations
Chapter One
Definitions and Objectives
Article (1): The following terms, used in this law, have the following definitions:
First: Non-Governmental Organization: A group of natural or legal persons that have
registered and obtained legal personality according to the terms of this Law to pursue any lawful
purpose as an independent, non-governmental and not-for-profit body.
Second: Foreign NGO: It is a branch of an organization that has been established according to
the laws of another country. It performs the organization’s work in Iraq and registered according
to the provisions of this law.
Third: NGO Network: It is an NGO registered under the provisions of this law that has a legal
personality consists entirely of other NGOs with their own legal personalities.
Fourth: The Department: The NGOs Department in the Secretariat of Council of Ministers.
Article (2): This law intends to:
1. Enhance the role played by NGOs by supporting their growth, development and independence
according to law.
2. Promote the freedom of citizens to establish and join NGOs.
3. Create a central mechanism to regulate the registration of Iraqi and foreign NGOs.
Article (3): the NGOs shall seek to achieve its objectives by peaceful and democratic means.
.
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Chapter Two
Establishment
Article (4):
First: Both natural and legal Iraqi persons have the right to establish, or join or withdraw from a
NGO pursuant to the provisions of this law.
Second: Natural persons who wish to found NGOs must be:
1. An Iraqi
2. Legally competent and be at least (20) twenty years of age;
3. Not convicted with a crime involving moral turpitude
Article (5):
First: A NGO is established by submitting an application for registration to the Department,
singed by at least five persons. This application must include the following information:
1. The official name of the organization in Arabic, Kurdish and English.
2. The official address of the organization certified by it’s a competent official body.
3. The names, phone numbers and e-mail addresses (if any) of the founding members
Second: The establishment application should be attached with the following:
a. The statement of establishment
b. The NGO’s Bylaws.
c. Copies of the Iraqi nationality certificate and civil identification card of the natural founding
members.
d. The names and contact information of the persons who will be the official point of contact of
the NGO and who shall receive official notifications, answer inquiries related to establishment
and registration.
Article (6): The bylaws of an NGO must include the following:
First: The official name of the organization in Arabic, Kurdish and English.
Second: The address of the organization’s main office.
Third: A detailed statement of the organization’s objectives.
Fourth: A copy of the logo and stamp of the organization.
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Fifth: The organization’s rules of membership. These should stipulate how members obtain and
lose membership and the rights and duties of members.
Sixth: The organizational structure of the organization, election mechanisms and powers of any
other internal committees of the organization.
Seventh: Identifying the body that can decide to dissolve the NGO.
Eighth: Nominating the body that NGO’s remaining assets will be transferred to when being
dissolved or liquidated, taking into consideration item (four) of Article (23) of this law.
Ninth: The manner in which employees of the organization are recruited and their emoluments
defined.
Tenth: The financial resources of the organization and the sum of annual subscription if any.
Article (7): The establishment and registration applications should be exempted from duties.
Article (8)
First: The Department shall decide about the establishment application within (7) seven days of
the date of registration with the office of the head of the Department. Otherwise, the application
is considered approved.
Second: The NGO must submit to the Department the registration transaction within (60) sixty
days of the date of application approval. Otherwise, the application for registration is considered
refused.
Third: The application for registration shall include the following documents:
a- the registration form prepared by the Department, which must include the
required information
b- an estimated budget of the year of application
c- minutes containing the election of the board of directors or the decision of
appointment
d- a list of the NGO assets
Fourth: the Department issues the NGO’s certificate of registration within 60 days of the date of
receiving a registration application that meets the required information and documents.
Fifth: An NGO obtains legal personality as of the date of issuing the registration certificate.
Sixth: If an application for registration is denied, the Department must state the reasons why the
prospective NGO has been refused registration. The applicants shall be notified in writing.
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Seventh: the Department refusal of registration is appealable to the Administrative court
pursuant to law.
Eighth: The registration certificate issued by the Department shall be valid for two renewable
years.
Article (9): The Department keeps a register of NGOs, NGO networks and branches of foreign
NGOs registered with the Department. This register contains the name of the NGO, the network
or the branch, the field of work, its full address and any other actions taken against or penalties
imposed on.
Article (10): the NGO is prohibited to:
First: Choosing purposes that would be contrary to the state independence, its national unity and
its democratic, republican and parliamentary system.
Second: Promotion of ethnic, sectarian or racial disagreement.
Third: Encouraging violence against the Iraqi state, its constitution and democratic system.
Fourth: Adopting purposes that would violate the laws of Iraq or otherwise constitute a clear,
direct and immediate threat to the national security, public safety or public order of Iraq.
Examples of this include armed activities, weapon manufacturing, purchasing or selling weapons
or ammunition, training individuals on military actions, conducting training related to war
techniques, engaging in, supporting, provoking or financing terrorist acts, cultivating, producing,
dealing with, storing or possessing drugs for commercial purposes.
Fifth: Carrying out business so as to distribute money among its members for personal benefit,
or using the organization to evade payment of a tax.
Sixth: Nominating any person for public positions, raising funds to support candidates into
public positions, or providing candidates with financial and moral support.
Seventh: NGOs may not grant special benefits, directly or indirectly, to any person related to the
organization. This includes members, founders, staff and members of the executive board,
donors, or the relatives of any of these people.
Eighth: An inclusion in its bylaw of a statement indicating the distribution of funds obtained
from grants and aids among its members, in case the organization was dissolved.
Chapter Three
Membership
Article (11)
First: An NGO member must be:
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a. An Iraqi
b. Legally competent and be at least (18) eighteen years of age.
c. Not convicted with a crime involving moral turpitude.
d. Accepted the NGO’s bylaw in writing.
Second: a member loses his membership in case of death, resignation, failure to meet one of the
membership conditions, being dismissed according to the NGO’s bylaw or the dissolution of the
organization.
Third: a member losing membership or his successor shall have a right in the organization’s
money, unless the organization keeps a common co-opt fund stipulated in its bylaw.
Fourth: As an exception to Clause (B) item (First) of this Article, Juveniles may join the NGO
as honorary members only. They may not attend the meetings of the general assembly or vote on
its decisions.
Fifth:
A. A NGO may also accept foreign members residing in the Republic of Iraq, provided that they
do not make up more than 25% of the organization’s membership.
B. Foreign members may not make up more than 25% of any the organization’s bodies.
Sixth: A foreigner may not chair the NGO, be one of its founder or a chairman of one of its
bodies.
Seventh: Any person has the right to be a member of several NGOs, but may not chair more than
one NGO.
Eighth: NGOs have the right to set their own membership requirements, provided that they are
consistent with this law and the ethics in general.
Ninth: Members, founders, employees and the directors of an NGO may not be held personally
financially liable for a NGO’s legal or financial obligations. A NGO’s creditors may not seek
repayment for the debts of the NGO from the personal finances of its members, founders,
employees or directors.
Article (12) – members of NGOs must be committed to:
First: avoid any conflict of interest, actual or potential, between their personal or career interests
and the interests of the organization.
Second: Disclose any potential or actual conflict of their personal interests or job with the
interests of the organization to the administrative board.
Third: Exclude themselves from attending any meeting or taking any decision of any matter in
which they have a personal interest.
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Fourth: Contractual transactions between them and the organization and its members must be
according to the NGO’s bylaw.
Chapter Four
Financial Provisions
Article (13) – NGOs’ resources consists of:
First: members’ subscriptions
Second: Donations, grants and bequests
Third: The revenues of their activities and projects.
Article (14)
First: The NGO pledges to use its funds to fulfil the organization’s goals.
Second: NGOs are eligible to bid on open procurement processes for state contracts, provided
that the subject of the procurement process relates to the NGO’s field of expertise.
Third: Obtaining the approval of the Department, an NGO may possess real estates necessary to
establish a headquarters, branches, and a meeting avenue for its members, as well as to achieve
its goals.
Fourth: An NGO may sell any property not essential to attaining its objectives according to law
and subject to consent from the Department. The property price shall be recorded as revenue to
the organization.
Article (15): an NGO must submit the following to the Department each year:
First: One financial report including a detailed description of the source of the NGO’s funds and
financial transactions.
Second: A report of the NGO’s activities including a briefing on the projects implemented by the
organization during the year.
Third: Any other reports that the Department deems necessary to be submitted to reveal the
NGO’s activities, operations and transactions.
Article (16):
First: NGOs should conduct all their financial transactions through public banks exclusively or
private banks by the consent of Department only in necessary cases.
Second: Only a court may authorize the freezing of the bank account of an NGO.
Article (17):
First: The NGO has the right to receive donations, grants and bequests from Iraq or abroad with
prior approval from the Department.
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Second: Anyone wishing to donate funds to a NGO should notify the Department.
Article (18):
First: Public utility NGOs shall be exempted from income tax, VAT, customs duties and sales
tax.
Second: Public utility NGOs should seek to achieve a public interest.
Third: The capacity of a public utility organization shall be granted to an NGO or withdrawn
from it under a decision by the Council of Ministers based on a proposal by the Secretary
General of Council of Ministers.
Fourth: The Council of Ministers may grant a public utility organization the rights and
privileges that help achieve its objectives, beyond the stipulations of this law. In return, the
Council may take certain procedures to monitor and supervise the organization.
Chapter Five
Records and Accounts Auditing
Article (19): the NGO and its branches must keep the following records:
First: members register containing the members’ names, addresses, nationalities, ages and
positions.
Second: a record of decisions containing the decisions of the general assembly and the
administrative board.
Third: a record of accounts including the NGO’s revenues and expenses.
Fourth: a record of funds containing the NGO’s transferable and non-transferable money with
the values and details for each.
Fifth: a record of activities and projects including the type of activity or project, the financing
entity and its benefit.
Sixth: Any other records that are deemed necessary by the Department and considered
obligatory to exercise its monitoring and regulatory activities.
Article (20):
First: NGOs must keep all financial documents, reports and records of activities for ten years
Second: Accounting records of NGOs must conform to the legally approved accounting
principles.
Third: NGOs must conduct internal audits of their accounts each year through a chartered
accountant.
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Article (21):
First: The Department will coordinate with the Board of Supreme Audit to audit the NGO’s
accounts.
Second: If the Department finds that NGO’s records are inaccurate or involve fraudulence, the
Department has the right to order a direct audit of the accounts, records and activities of the
NGO at its offices via a chartered accountant.
Third: If an NGO is being audited, it must provide all required information.
Fourth: The Department may not disclose the information that is being audited for entities other
than the concerned governmental bodies.
Chapter Six
Merger and Dissolution
Article (22):
First: NGOs of similar objectives have the right to merge and form a new organization with its
own bylaw based on the bylaw of each.
Second: Procedures of merger and establishment of the new organization shall be subject to the
provisions of this law.
Third: A public utility NGO may only merge with a public utility organization.
Fourth: An NGO may be affiliated with or join an organization, commission, club, firm or
network based outside Iraq with a prior approval by the Department.
Fifth: Upon issuance of the registration certificate, the new NGO obtains its legal personality
and becomes the successor to the former organizations’ assets, debts, rights and responsibilities.
Article (23):
First: NGOs may be dissolved voluntarily by a decision of its members and according to its
bylaw, or by a court order.
Second: NGOs must inform the Department within (30) thirty days of a decision to voluntarily
dissolve. The organization must appoint a liquidator or contact the Department to appoint one.
Third: In the event of a court decision of dissolution, the court shall appoint a liquidator.
Fourth: NGOs must submit a statement of their transferable and non transferable assets. This
statement shall be used to fulfil its obligations. Any assets remaining shall be distributed
according to the NGO’s bylaw. If these assents were raised from grants, donations and bequests,
they shall be transferred to a successor organization of similar objectives to be determined by the
Department.
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Chapter Seven
Penalties
Article (24): in consideration of other laws, NGOs may be penalized if they violate this law with
the following:
First: Suspension which is imposed by a Department decision according to the following:
a. The Department must notify an NGO and give it (10) ten days to correct the violation as
of the date of notification.
b. If the violation is not corrected within the period stipulated in Clause (a) of this item, or
was repeated, the NGO’s activity shall be suspended for (30) thirty days.
c. The organization may appeal the suspension decision to the Minister within (10) ten days
of the date of notification.
d. The Minister must decide on the appeal within (10) ten days of the being recorded with
his office. His decision is appealable to the Administrative Court within (10) ten days of
the date the NGO was notified, or otherwise considered notified.
Second: dissolution by a court decision upon a request by the Department in one of the following
cases:
a. If a year passed since establishment and the NGO failed to commence its activities set out
in its bylaw or discontinued such activities for the same period without good reason.
b. Should the NGO conduct activities contrary to its objectives stated in its bylaw, or failed
to fulfill its duties stipulated in this law.
c. In case the NGO becomes unable to meet its obligations and commitments.
d. If the NGO allocated its funds and revenues for purposes other than the establishment
objectives.
e. If it was proved that the NGO runs gambling or other deeds violating public order and
ethics.
f. If it was proved that it possessed and stored weapons, explosives or drugs in one of its
offices, branches or elsewhere.
g. In case the NGO failed to correct the violation despite being notified, suspended and the
chances appeal ended.
Article (25):
First: imprisonment for (3) three years shall be imposed on:
a. A member of an NGO that was established in violation to this law.
b. A person conducting activity in an NGO that was denied establishment approval, or was
dissolved according to this law.
Second: Imprisonment for (6) six years shall be imposed on each NGO member practicing
activity despite suspension of the organization.
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Chapter Eight
Foreign NGOs
Article (26): A branch of a foreign NGO shall be registered in Iraq under the provisions of this
law.
Article (27):
First: The NGO branch must present the following documents for registration:
a. The official name of the organization
b. The address of the main office of the Foreign NGO in Iraq, certified by a competent
authority.
c. A detailed statement of the objectives the organization seeks to fulfil in Iraq.
d. The name and contact information of the Foreign NGO’s current Iraq-based staff
members.
e. If the staff members are Iraqi nationals, they must provide a copy of their Iraqi nationality
certificate and civil status identity card. If the staff members are foreigners, they must
provide a copy of their passport and residence documents.
f. The bylaws of the mother organization.
g. Documentary proof that the Foreign NGO is registered as a not-for-profit nongovernmental
organization in its original country.
h. An activity report on the Foreign NGO activities outside Iraq.
Second: Foreign information and documents set out in item (First) of this Article should be
translated into Arabic and approved by an official body indicating accurate translation.
Article (28): An NGO may establish a branch in Iraq under the provisions of this law.
Article (29): Branches of foreign NGOs are strictly prohibited from engaging in political or
sectarian activities in Iraq.
Article (30): All Iraqi laws apply to foreign NGO branches operating in Iraq.
Chapter Nine
NGO Networks
Article (31):
First: Any two or more NGOs registered in Iraq have the right to establish an NGO network
according to this law.
Second: An NGO network must submit an application for registration to the Department in
accordance with this law.
Third: The network acquires legal personality independent of the member organizations.
Fourth: A network may join one or more networks.
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Fifth: A network may accept the membership of other NGOs registered under this law according
to the following conditions:
a. The representative of the foreign NGO must not be the head of the network.
b. The number of foreign NGOs registered with the network may not exceed (25%) twenty
five percent of the total number of members.
Sixth: All provisions of this law that apply to the network should be applied to the NGOs,
including establishment, registration, legal personality acquisition, merger, dissolution, rights,
duties and penalties. As such, all prohibited actions apply.
Chapter Ten
General and Final Provisions
Article (32): The NGO is permitted to open branches inside Iraq and abroad upon a Department
approval.
Article (33): The name of organization should not be similar to the name of governmental
institutions, political parties and blocs, associations or unions.
Article (34): the NGO must notify the Department of any change on the data and documents
submitted to the Department within (30) thirty days from the date of change.
Article (35): The NGO registered under this law should not register in other entities.
Article (36): The branches of foreign NGOs have the right to possess transferable money under
this law.
Article (37):
First: The provisions of this law apply to:
A. All NGOs registered in Iraq before enforcement, except for the ones that were
established under special laws.
B. Branches of foreign NGOs registered in Iraq unless stipulated otherwise.
Second: NGOs included in the provisions of item (First) of this Article shall be committed to
adjust their situations under the provisions of this law within (90) ninety days of its validity.
Third: The provisions of this law shall not apply on political parties, labour unions, associations
and societies that were established according special laws.
Article (38): The following shall be cancelled:
First: the Law of Societies Relating to Foreigners (No. 34) of 1962.
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Second: The Law of Societies (No.13) of 2000.
Third: The (dissolved) Coalition Provisional Authority Order (No. 45) on Non-Governmental
Organizations of 2003.
Fourth: The Detachment of NGO Assistance Office Order (No. 16) of 2005.
Article (39): The Secretary General of Council of Ministers has the authority to issue
instructions to facilitate the implementation of the provisions of this law.
Article (40): This law is in force from the date of its publication in the Official Gazette.
Justifying Reasons
In order to confirm the right to establish and join NGOs as guaranteed by the constitution and for
the purpose of facilitating the registration of Iraqi and foreign NGOs, this law was enacted.