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    Parliament Law Issued - Contract Law of Treaties

    Parliament Law Issued - Contract Law of Treaties

    Contract Law of Treaties
    8/13/2015
    Name of the people
    Council presidency
    Based on what passed the House of Representatives and approved by the President of the Republic and based on the provisions of subsection (I) of Article (61) and item (iii) of Article 73 of the Constitution
    Issued the following law:
    No. () for the year 2012
    Law
    Treaties contract
    chapter One
    Definitions
    Article 1 means the following expressions and terms for the purposes of this law, against which the meanings indicated: -
    - First / Treaty: - wills installed approve an editorial 0 Whatever the call between the Federal Republic of Iraq or its government and the state or other states or governments or international organization or any other subject of international law recognized by the Federal Republic of Iraq for the purpose of the goals of legal implications are subject to the provisions of international law, regardless Nadar on the nomination of the document or the number of documents in which the provisions of consensus or agreement codifies such as the Convention or the Protocol or the Charter or Covenant or the joint record, memoranda or letters or book mutual or otherwise of the labels referred to in this law to the treaty.
    - Second / Executive agreements: - notes and operational programs to be held to implement the provisions of treaties ratified under the provisions of this law.
    - Third: -moavqh: -altobeir are the will of the Federal Republic of Iraq to abide by the treaty and that the ratification or accession.
    - Fourthly / ratification of: - the approval of the House of Representatives and the endorsement of the president to abide by previously signed on behalf of the Federal Republic of Iraq treaty or its government.
    - V / join: - the approval of the House of Representatives and the endorsement of the president to commit to a multilateral treaty never signed during the period specified by signing it.
    - VI / Authorization document: -alutiqh which appoints Bmujbbha cabinet one or more persons to represent the Federal Republic of Iraq to negotiate in Shan held a treaty, adopted or documented or express consent of the Federal Republic of Iraq on the Aalatlzam institutes or in the other work about the treaty and can not be those authorized by the Council of Ministers delegated this authority to be issued is signed, Prime Minister and Foreign Minister.
    - Seventh / documentation of the Treaty: - the signing of the representatives of the participating countries initials of their names Aotoqahm the treaty or the Final Act or according to the procedure established in the treaty or the procedure agreed upon by the participating countries.
    - Eighth / Signature: revenue is officially signing representative of the Federal Republic of Iraq on the text of the treaty.
    - IX / reservation: Declaration of the Assembly by the Government of the Federal Republic of Iraq issued at the signing of a multilateral treaty, ratification or accession or acceptance or admit targets exclude or modify the legal effect of certain provisions of the treaty in their application to the Federal Republic of Iraq within the permissible in border that treaty.
    - X. / State negotiating:-The State that participated in the development and adoption of the text of the treaty.
    - Atheist ten / Contracting State:-The State of approval to be bound by Balamaadh either initiated or did not start.
    - Twelfth / party:-The State, which agreed to be bound by a treaty final and became the window towards them.
    - Thirteenth / International Organization: - The organizers of an international between governments.
    - Fourteenth / bilateral treaties: -almaahidh held between the Federal Republic of Iraq on the one hand and another state or an international organization or person recognized by the international law of the Federal Republic of Iraq on the other.
    - XV / multilateral treaty: -almaahidh held between more than two states.
    - XVI / depositary: it is the official body determined by the treaty in the final provisions of the deposit of the official text of the treaty and documents and Affiliate ratification, acceptance, approval and is announcing the date of the entry into force of the Treaty after the deposit
    of the required number of those documents.
    - XVII / force: its entry in international law.

    Chapter II
    The scope of the law
    - Article 2, the provisions of this law shall apply to international treaties which are held on behalf of the Federal Government of the Republic of Iraq or with another State or States or its government or an international organization or any other person recognized by the international law of the Federal Republic of Iraq.
    - Article 3 of the provisions of this Act shall not apply to the following: -
    First / Executive agreement, which takes place for the implementation of the provisions of Ahdat certified legal force and is subject to the approval of the competent minister or head of the non-related to the Ministry if it did not include a financial commitment to Iraq and approval of the Cabinet if it contains this Aalatlzam.
    Second / memoranda of understanding concluded between ministries and agencies associated with the Ministry of others and corresponding in other countries Manmma was naming these notes into force and is subject to the approval of the Prime Minister or his nominee shall not be those authorized by the Prime Minister that this power conferred to others.
    Third / taking into account the provisions of the second clause of this treaty, agreements and memoranda of understanding concluded in accordance with the principle of reciprocity of rights and obligations held by the Republic of Iraq, represented by the Federal Ministry of Foreign Affairs and the Government of the Contracting State represented by the Ministry of Foreign Affairs.

    Chapter III
    Negotiations
    - Article 4, first, the competent authorities presented a draft bilateral treaty before negotiating in Shan held suitable period to the relevant authorities by the treaty and the Ministry of Foreign Affairs to study and opinion where and exposure with the views of the relevant authorities on the State Consultative Council to show legal advice would then be submitted to the Council of Ministers to stand on his mind.
    Second rule applies in the first item of this article on the draft multilateral treaty prior to ratification or accession.
    Third / a: the Ministry of Alhforeigh that set when the need of the delegations represented in charge of holding bilateral treaties.
    B: The Foreign Ministry is involved in international and regional conferences on holding multilateral treaties.
    A: The Ministry of Foreign brightly responsibility of study, preparation and composition of delegations to international and regional conferences on the codification of international law Aottaiwirh.
    - Article 5 I. / is the Prime Minister of the Federal Republic of Iraq ex officio without the need to highlight the credentials for the purpose of doing business relating to the holding of the treaty.
    Second / The Foreign Minister of the Republic of Iraq, a representative of the federal ex officio without the need to highlight the credentials for the purpose of negotiating a contract in Shan Treaty.
    Third / Council of Ministers called the person authorized to represent the Federal Republic of Iraq for the purpose of negotiating a treaty in Shan, adopted or documented or Arb their consent to be bound.
    Fourthly / in what is stipulated in the first and second item of this article is a person representative of the Federal Republic of Iraq for the purpose of negotiating a treaty in Shan or documented or express consent of the Federal Republic of Iraq on the Alatzam if the main document authorization fundamentalist.
    - Article 6 any work with the holding of the Treaty of doing other unauthorized person to represent the Federal Republic of Iraq under Article 5 of this law, but it holds official status and practiced by virtue of his job, the work this ICON him after legal only if was approved at a later date in accordance with legal procedures prescribed law in this document were exchanged and subsequent leave through the Foreign Ministry.

    Chapter IV
    The language of the treaty
    - Article 7 frees bilateral treaties between the Government of the Federal Republic of Iraq and other countries in one language or more, according to one of the following images:
    First Arab -ballgh in the case of a contract with the treaties or more Arab countries.
    Second-in Arabic, the language adopted by the other negotiating State to have a bilingual authoritative legal one.
    Thirdly -ballgh Arabic language other national negotiating the language of the state and a third either English or French, provided that the languages ​​of the three authoritative legal one and that rely on the third language for all otherwise regarding the interpretation of one of the treaty's provisions.

    Chapter V
    Bilateral Treaty
    - Article 8 indicates the title of the Treaty on the object and statement being Kdakdt between the Federal Republic of Iraq, negotiating and other state and taking into account, provide the name of the Federal Republic of Iraq, the official name of the state and other negotiating in the original copy belonging to the Federal Republic of Iraq and vice versa.
    - Article 9.taatdmn preamble to the Treaty Mayati:
    First: the name of the Federal Republic of Iraq and the negotiating other state that leads the name of the Federal Republic of Iraq, the official name of the state and other negotiating in the original copy belonging to the Federal Republic of Iraq and vice versa.
    Secondly - Summary justifications and objectives and the basic of which have been created in negotiating the treaty would hold.
    III goals of the Federal Republic of Iraq and the state seeks negotiating other to achieve through the treaty.
    AGREEMENT negotiating the Federal Republic of Iraq and the state on the other provisions of the treaty.
    V., referring to the delegates of the Federal Republic of Iraq and the state of the negotiating other Commissioners to hold the treaty and being exchanged proper credentials and matching of the assets.
    - Article 0.10. Distributed substantive provisions of the Treaty on the sequential materials are divided Article One to the terms of multiple paragraphs if necessary that change and flour for the content of the provisions of article is taken into account as much as possible the provisions of the treaty tab in the chapters and provides the name of the Federal Republic of Iraq and wherever Full anniversary of the official name of negotiating each other's in the original copy belonging to the Republic Federal Iraq and vice versa.
    - Article 0.11. Treaty contains a chapter referring to the final provisions to the following matters: -
    First - that intervention measures are under which the treaty into force.
    Secondly - the date of entry into force of the Treaty.
    III for the implementation of the Treaty and soft implementation.
    IV method of amending the treaty or re harm them.
    V. way she Treaty.
    VI disputes arising from the application or interpretation of the treaty settlement method.
    VII language that documented by the treaty and the statement shall be deposited in the light of the provisions of Article 7 of the Act
    Article 0.12. Pmaaota conclude the treaty: -
    The spas statement the place where the treaty or edit signature
    Second date of the signing of the Treaty.
    III Name of the Federal Republic of Iraq and the official name of the state negotiating other names of the authorized signatories of the Treaty and office and signing them on behalf of the parties, taking into account Mayati: -
    A / is the name of the Federal Republic of Iraq provided in this item on the right of the original version of the treaty if the editor of the Arabic language and on the left if drafted in English or French and vice versa for the original version of the treaty negotiating returning each other's.
    B / are exchanged Authorization document signed with the document signed authorization for such other negotiating States prior to the signing of the treaty, taking into account the provisions of the first item of Article (5) of the Act.

    Chapter VI
    Multilateral treaties
    - Article -13 -ola- adopted text of the treaty, according to Tatiana: -
    A / the consent of all the participating countries in the developed and in regional treaties.
    B / in accordance with the rules established by the Conference in this regard an international conference.
    Second -Your is a Commissioner on the signing of the treaty initialed an obligation on the Federal Republic of Iraq if it is proved that the negotiating State has agreed to it only after the ratification in accordance with the procedures set forth in this law.
    III constitutes a signature mortgaged consultation to the representative of the Federal Republic of Iraq Commissioner full signature of the treaty if it was approved in accordance with the procedures set forth in this law, taking into account the provisions of Article 17 of this Law.
    - Article -14- text of the treaty proves as an original and documented any Nhiaya according to the following: -
    First: the procedures established in the text of the treaty or agreed by participating in the treaty text put countries.
    Second in the absence of such procedures are documented to sign the mortgaged consultation, or signing the initials of their names on the text of the treaty or the Final Act of the Conference, which includes the text of the treaty.

    Chapter VII
    Commitment to treaties
    - Article -15- are expressed commitment of the Federal Republic of Iraq to the Treaty in accordance with the provisions set forth in this law Allosil one of the following: -
    First: the exchange of instruments of ratification in bilateral treaties.
    Second-deposit instruments of ratification in multilateral treaties signed during the period specified for the signing.
    III filing documents Alanzam in multilateral treaties after the completion of the period specified in the text for signature or after entry into force.
    IV join the multilateral treaties Antha after the period specified in the text for signature or after entry into force.

    Chapter VIII
    Exchange of instruments of the establishment of the Treaty
    - Article -16- First: The Federal Republic of Iraq has consented commitment consisting of documents Treaty were exchanged between them and the state cleared in one of the following two cases: -
    a- If it stipulates mutual documents to be exchanged for this effect.
    B- If it agreed to be Asraana to share documents this effect.
    Second is subject to adherence to the Treaty of exchange of ratification documents for the procedures set forth in Article 17 of this Law.

    Chapter IX
    Ratification and accession
    - Article -17- commitment of the Federal Republic of Iraq treaties on who, under the provisions of this law to be approved by the House of Representatives to ratify the treaty law or the law of joining them an absolute majority of the council members, except the following Almaahdah which must get approval of two-thirds majority: -
    1. Border treaties and treaties affecting the territorial sovereignty of the Federal Republic of Iraq.
    2. Magistrates and peace treaties.
    3. Political, security and military alliance treaties
    4. The establishment of regional organizations or treaties Alanzam it.
    5. Borrowing from countries or international financial institutions, treaties or granting loans to them.

    Chapter X
    Join the multilateral treaties
    Article _18_ of the Federal Republic of Iraq to join multilateral treaties after the end of the period specified in the text for signature or entry into force in the following cases:
    I. approved the treaty so.
    Second-negotiating States when it is permissible to join the agreement.
    Third-upon agreement of all parties to the treaty to join the passport.

    Chapter ten atheist
    The entry into force of the Treaty
    - Article-19 is needed for its entry into force towards the Federal Republic of Iraq on the date stipulated in the Treaty on the building:
    I. ratification of the bilateral treaty in accordance with the provisions of this law and the exchange of instruments of ratification or exchange of notes in favor of ratification.
    Second ratify the multilateral treaty or accede to accordance with the provisions of this law, and was filing the necessary document or notification in accordance with the provisions laid down in the Treaty with the Depositary in accordance with the closing of the treaty provisions.
    III Final provisions of the treaty apply from the time of the adoption of the text regarding the organization of document texts, and prove the state approval to abide by them. And the method or the date of entry into force, and reservations, and functions of the depositary, and other things that are before they enter into force.

    Chapter XII
    Application on a temporary basis
    - Article -20- First: the Treaty applies, or part of it provisionally pending its entry into force definitively towards the Federal Republic of Iraq begins if the treaty provides the same on it or if the Federal Republic of Iraq has agreed with the state or the negotiating States to another mode for the same purpose.
    Second provisional application of the treaty or part of it to the ends of the Federal Republic of Iraq if asked other countries that apply the treaty provisionally between them of its intention not to become a party to the treaty unless the treaty provides or the Federal Republic of Iraq agrees negotiating and other countries otherwise.
    Apply this Article III rule on agreements on the establishment of international organizations or treaties concluded under United Nations auspices.

    Chapter XIII
    Reservation
    - Article -21-First: to the Government of the Federal Republic of Iraq to show its reservation to a multilateral treaty when signing, ratifying or acceding to the treaty unless expressly prohibit Mention the reservation or the reservation may be stated on the part of the Treaty stipulates the inadmissibility of revenue in custody or The reservation is incompatible with the object and purpose of the treaty.
    Second reservation proves the Federal Republic of Iraq where this is necessary on both a multilateral treaty as the following:
    (This signature, ratification or accession does not mean in any way recognition of Israel or any relationship with it).
    - Article - 22. The spas reservation is proving to be written and reported to the contracting States and other countries in accordance with the method set forth Treaty.
    Secondly - if put under the custody of the multi-condition for the ratification of the parties signing the treaty, the reservation must be formally confirmed when the ratification of the Federal Republic of Iraq on or accede to the treaty.
    - Article - 23 - first - for the Federal Republic of Iraq to accept or object to reservations supplied by other Contracting States in accordance with the provisions of international law.
    Third - no explicit acceptance of the reservation or any objection or any withdrawal of reservation already
    That shown by the Federal Republic of Iraq is an editorial.

    Chapter XIV
    Error correction in the text of the treaty or to copy certified
    - Article - 24. First - If an error in procedural matters in the afternoon after a bilateral treaty and documented before its entry into force are corrective in one of the following two methods:
    (A) a patch on the original text of the treaty and signed initials in all versions by a representative of the Federal Republic of Iraq and the representative of the other Contracting Party commissioners.
    B - make the correction to exchange notes or messages between persons authorized to represent the Federal Republic of Iraq and the other contracting party that is part of the Aetjzea of ​​the Treaty.
    Secondly - If the error attached to the core of the bilateral treaty matters was discovered before the entry into force of the Treaty shall be corrected in one of the following two methods:
    A - make the correction in accordance with the provisions of paragraph (a) of item (i) of this article.
    B - make the correction to exchange notes or messages between persons authorized to represent the Federal Republic of Iraq and the other contracting party and that is an integral part of the Treaty and subject to the conditions relating to income into force of the Treaty itself.
    Thirdly _ If the error was discovered in procedural matters in the bilateral treaty into force after Dechlolha be corrected as soon as the exchange of notes or messages between persons authorized to represent the Republic of Iraq and the other contracting party. But if attached to material things undergoes fundamental error correction, then the conditions relating to the entry into force of the Treaty itself.
    Fourthly _ the error is corrected in multilateral treaties as agreed by the signatories and Contracting States after the text of the treaty document.

    Chapter XV
    Procedural provisions
    - Almadh_25_ Ministry of Foreign Affairs with the consent of the Council of Ministers to prepare the credentials to negotiate and authorization to sign the documents of ratification or approval and credentials exchange of ratification documents and records of the exchange of instruments of ratification, notes the pro-ratification or approval and instruments of accession for the purposes specified in this law.
    - Article _ 26_ the ministry or organization is not related to the Ministry to translate the texts of treaties liberated foreign language to Arabic language translator and exposure to the Foreign Ministry for its support after confirmation of the fidelity of translation and match the original.
    - Article _ 27_ Ola_ on the ministry or organization is not related to the Ministry send the draft treaty to the Council of State to seek legal advice and the State Consultative Council to explore the opinion of relevant governmental bodies on the conclusion of the treaty before issuing legal advice.
    Thania_ the Council of State to send the approved version of the kiss of the draft treaty and legal advice to the General Secretariat of the Council of the ministry and the government concerned.
    Third: The General Secretariat of the Council of Ministers approved the lifting of the text of the draft institutes and legal advice received from the Council of State to the Cabinet for approval of the authorization to negotiate and sign the treaty.
    Thirdly - Ministry of Foreign Affairs document negotiated and signed the treaty and sent to the General Secretariat of the Council of Ministers for obtaining approval to sign it and send the original of this document to the competent authority to take mutatis.
    V. after the signing of the Treaty are concerned the document sent with the authorization and sign Baltfawdil to the General Secretariat of the Council of Ministers to obtain its approval and sent to the House of Representatives to Tndeim ratification process.
    Sixth: The Presidency of the Republic to ratify the treaty after the approval of the House of Representatives.
    Seventh: The Ministry of Justice publishes the treaty and the law of ratification or accession in the Official Gazette.
    Eighth: (a) the Foreign Ministry to take mutatis on the exchange of instruments of ratification of the bilateral treaty or diplomatic notes on completion of the procedure of ratification with the signatory state.
    T- The Ministry of Foreign Affairs to deposit the instrument of ratification or accession with the Depositary by the final judgments of multilateral treaty.
    D. Ninth: The Ministry of Foreign Affairs to take mutatis fixing the date of entry into force of the Treaty and shall be published in the Official Gazette.
    - Article - 28 - Other countries address on all matters pertaining to treaties stipulated in this Law by the Ministry of Foreign Affairs said the ministry exclusively holds the Report and the Iraqi authorities concerned.
    - Article - 29 - deposited the original copies of the treaties and documents of origin related documents mandate Baltfawdil and authorization to sign the documents of ratification or approval and credentials exchange of ratification documents and records of the exchange of instruments of ratification, notes the pro-ratification or approval of the Ministry of Foreign Affairs for safekeeping in the closet treaties ministry or reserves the institution concerned in them.

    Chapter XVI
    Final Olahakm
    - Article - 30 - repealed treaties Contract Law No. (111) for the year 1979.
    - Article - 31. First - may issue regulations to facilitate the implementation of the provisions of this law.
    Second Minister of Foreign Affairs to issue instructions to facilitate the implementation of the provisions of this law.
    - Article - 32 - This law shall be the date of its publication in the Official Gazette.

    Reasons-
    Because of the changes that has gripped Iraq and is still politically, economically and socially, technically and open to the world and in response to changes in all those areas and Tzemina to the interests of Iraq and the rights and obligations Ptjah the international community, and the inadequacy of the law No. (111) for the year 1979 to meet the new developments.
    Initiated this law


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    Last edited by Doodle Brain; 08-13-2015 at 04:21 PM.



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