Legal Environment
Change in Licensing of Sensitive U.S. Exports and Reexports to Iraq
July 30, 2004
On July 30, the President signed an Executive Order terminating the national emergency declared in Executive Order 12722, revoking it and certain related Executive Orders. Among other things, the termination of the national emergency ends the Department of the Treasury's authority to maintain export controls pursuant to those Executive Orders. By virtue of this action, export licensing jurisdiction reverted from the Department of the Treasury's Office of Foreign Assets Control (OFAC) to Commerce’s Bureau of Industry and Security (BIS). Also on July 30, 2004, BIS published a rule defining the new licensing policy and requirements for Iraq. For more information, please visit Treasury's OFAC website and Commerce's BIS website. You may also contact BIS' Office of Exporter Services, at tel. (202) 482-4811.
Legal Immunity for Certain Contractors and Consultants
June 27, 2004
The Coalition Provisional Authority (CPA) Revised Order Number 17  (PDF only) continues
certain administrative and official act immunities from Iraqi law for
contractors supplying goods and services in Iraq under contracts or grants
with foreign governments. The Order also provides immunity from Iraqi law
to international consultants provided by foreign governments to the Iraqi
government and officially accepted in that role by the Iraqi government.
Registration Requirements for Private Security Companies
June 26, 2004
Coalition Provisional Authority (CPA) Memorandum Number 17 (PDF only) sets out the
requirements related to operating a private security company (PSC) in
Iraq. All PSCs must obtain a business license from the Ministry of Trade
and an operating license from the Ministry of Interior (MOI). PSCs may
obtain a temporary operating license from MOI while their aplications for
these permanent licenses are pending. In addition, all weapons must be
registered and all PSC employees carrying weapons will need a weapons card
from MOI.
Pending Reconstruction Contracts Financed with Iraqi Funds
June 18, 2004
Coalition Provisional Authority (CPA) Regulation Number 11 (160KB PDF only) and Memorandum Number 15 (PDF only) cover reconstruction contracts which (1) were
entered into by the CPA or the Multinational Force-Iraq on behalf of Iraq
on or before June 30, 2004, (2) were financed with monies from the
Development Fund for Iraq (DFI), (3) require continued performance and/or
payment after June 30; and (4) are not covered by a fully funded letter of
credit. Regulation Number 11 sets up a special subaccount of the DFI
account at the U.S. Federal Reserve Bank of New York to provide for
payments under these contracts. Although the Iraqi Interim Goverment
assumes control over the DFI on June 30, Memorandum Number 15 allows the
Iraqi Minister of Finance to delegate his authority to the Chief of Mission
of the U.S. Embassy and/or to the Commander of the Multinational Force-Iraq
with respect to administering these contracts and making payments out of
this subaccount.
Iraqi Intellectual Property Laws
April 26 - May 1, 2004
Amendments to Iraqi laws on trademarks, patents and copyrights have been recently issued. The Trademark and Descriptions Law No. 21 of 1957, as amended 2004 (Order No. 80 (190KB PDF only)), provides for modern trademarks provisions such as protection for well known marks and geographical indications. The Patent, Industrial Design, Undisclosed Information, Integrated Circuits and Plant Variety Law of 2004 (Order No. 81 (190KB PDF only)) provides for modern industrial property law, including patent protection for pharmaceutical products, and up-to-date protection for industrial designs, trade secrets, test data, integrated circuits and new plant varieties. The Amendment to the Copyright Law of 2004 (Order No. 83 (230KB PDF only)), provides for copyright protection of literary and artistic works, including in digital form, performers, producers of phonograms and broadcasters In addition to these substantive laws, the Iraqi Minister of Interior has issued regulations providing for enforcement against unauthorized importation of counterfeit trademark and pirated copyright goods. These amendments to Iraqi laws and regulations are designed to bring Iraq up to current internationally-recognized standards of protection, in particular those required by the World Trade Organization.
Ministry of Trade Revises Registration Rules for Domestic Companies
March 15, 2004
The Ministry of Trade has issued revised instructions and an application form for registering domestic companies in Iraq. The streamlined instructions make clear that foreign investors will be treated the same as Iraqi investors in connection with establishing domestic operations in Iraq with a few exceptions and special rules (such as for retail operations) allowed by CPA Order No. 39.
The revised instructions and application form are available in Adobe Acrobat PDF format.
Ministry of Trade Revises Registration Rules for Foreign Companies
February 25, 2004
The Ministry of Trade has issued revised instructions and an application form for registering the branches and trade representation offices of foreign companies. The revised instructions and application form implement the streamlined registration process set forth under CPA Order No. 39 on "Foreign Investment", as amended. The revised instructions also indicate that the Ministry considers the previous special requirements for commercial agents of foreign companies nullified by Order No. 39.
The revised instructions , application form and a U.S. Department of Commerce guide to the company registration process are available in Adobe Acrobat PDF format.
Iraqi Company Law Amended
March 3, 2004
Iraqi Company Law #21 of 1997 has been amended. Among other things, the amendments allow any Iraqi or foreign person or legal entity to establish or own an interest in a company in Iraq. The amendments also require the Registrar in the Iraqi Ministry of Trade to either approve or disapprove in writing within 10 days any application to register a new company. An English version of the revised Iraqi Company Law (210KB), incorporating the changes in Order No. 64, is available in Adobe Acrobat PDF format.
The text of CPA Order No. 64 (450KB) is available Adobe Acrobat PDF format.
Overview of Commercial Law in Pre-War Iraq
Updated September 12, 2003
The Office of General Counsel of the U.S. Department of Commerce has prepared a paper describing Iraqi commercial law under the Saddam Hussein regime as found in public primary and secondary sources available in English.
This paper is available in Adobe Acrobat PDF format .
Treasury Lifts U.S. Iraq Sanctions
Updated June 13, 2003
The Treasury's Department's Office of Foreign Assets Control (OFAC) issued a General License that lifts most U.S. economic sanctions against Iraq. The General License permits most trade between U.S. and Iraqi entities except trade in arms, certain cultural artifacts, and transactions with Baath party and certain other Iraqi officials.
The text of the General License is available from the Department of Treasury.
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