[Where] published the text of the preservation of the documents passed by the Parliament Act Today

2016/9/22 14:14

[Oan- Baghdad]

Published by all of Iraq [where] the text of maintaining the documents passed by Parliament on Thursday Act.

Based on what passed the House of Representatives and approved by the President of the Republic based on the provisions of subsection [first] article [61] and item [III] of Article 73 of the Constitution,
Issued the following law:

No. [] for the year 2016
Preserve documents Law
Article 1 of this law is designed to:

First, to maintain the same academic and historical significance of the documents belonging to the executive, legislative and judicial departments of State, including the bodies and departments not associated with the Ministry.

Second, to maintain the documentary heritage of the community through the oral memory and intangible heritage documented.

Third, to obtain copies of foreign documents about the history of Iraq and made available to researchers and university students through agreements or grants or any other means.

Fourth facilitating the access of researchers and university students on the various documents and use them in their academic studies process.

Fifthly provide information in order to capitalize on the state's departments and the public sector, the media and academic studies centers and researchers.

Sixth collection of documents of the former regime, including security, military and party documents and use them to serve the community, for the purposes of transitional justice institutions.

First, Article 2 of this Act shall apply to the following documents:
A belonging to government departments and public sector documents, including:

1 technical documentation, which is at the core of specific activity dedicated circuits.
2 financial documents that regulate matters and financial situation of the community.
3 administrative documents which regulate administrative affairs and activities of government departments and the public sector.
B security, political and economic documents belonging to the former regime institutions.
C documents Baath Party [disbanded] and civic organizations associated with it.
Dr. documents High Criminal Court
Its documentation parties.
And documents and versions of existing civil society organizations and dissolved.
G Private Securities prominent public figures after her death in the absence of left to the guardian shows how to dispose of them.
Second it is intended to document all forms of vessels keeping paper and electronic information and digital photographs, Neshat, and any new pot introduces later include documents, correspondence, records, documents, maps, graphs, charts and all Maihtoa right Sticky where a specific destination

Article 3 divides the documents in terms of their nature into three types:
First, public documents: the documents which may be viewed by any interested party

Second: documents: the documents that may not be found except in cases requiring that the consent of the concerned party.

Third: secret documents: the documents that may not be found in order to Msasha state security or that disclosure, leading to damage and according to the requirements of the work.

Article 4 first have access to official documents of researchers and university students, the media and anyone can view them official endorsement from the competent authority has the right to get a copy of the approval of the department concerned, but it leads to damage.

Secondly, access to documents belonging to the former regime and documents of the High Criminal Court with instructions issued by the Minister of Culture in coordination with the competent authorities and the approval of the Cabinet process of governing.

Third, the department concerned withhold certain documents from the people to see approval of the General Secretariat of the Council of Ministers.

Article 5 first form a committee head in each ministry or institution not linked to the Ministry and civil society organizations

Second constitute a sub-committee in each district in the ministries and departments not associated with the Ministry linked to the main committee

Third, identify the main and sub-committees and functions of instructions issued by the competent minister or the head of the lineup is not related to the Ministry or the President of the Organization

Article 6 holds the National Library and National documents the following tasks:

First nominate representatives to participate in the work of the main committee provided for in Article 4 of this law.

Second, send representatives to the state departments and the public sector and civil society organizations to find out the status of the documentation has, organizing and providing the necessary environmental and technical requirements to protect and easily take advantage of them and prepare periodic reports so.

Thirdly submit periodic reports to the General Secretariat of the Council of Ministers which demonstrates the commitment of government departments and the public sector and civil society organizations to apply the provisions of this law.

Fourth approaching state departments directly involved in all matters relating to the application of the provisions of this law

Fifth maintenance of the affected historical documents by using the best of modern technologies.

Sixth is destroying important documents received from government departments and the public sector, which can not be utilized for the purposes of scientific research.

Seventh provide free training opportunities to employees of state departments and the public sector and civil society organizations working in the field of archiving and documentation.

Eighth registration of documents in the possession of natural persons or moral or devolve them tenure later, provided the photographer to keep a copy of them.

IX acceptance of private documents permanently or temporarily at the request of the owners.

X. provide documents using various ways and means.

Article 7 First deport all documents of the former regime, maintained by government departments, which are not consistent with the nature of their work and legal responsibilities to the National Library and Documentation.

Second, civil society organizations and everyone is committed to deliver the Mavi possession of documents belonging to the former regime to the National Library and Documentation.

Third - everyone is committed in his possession a document of historic importance, security or a link with the State delivered to the National Library and Documentation.

Fourth - the Library and Archives of national financial bonuses for people mentioned in items [Second, Third] of this article in accordance with instructions issued by the Minister of Culture in coordination with the Ministry of Finance.

Article 8 National Library and Documentation employees shall not disclose any information related to the preservation of deposited documents.

Article 9 First, a not permissible to destroy documents relating to sexual rights and civil cases, and public and private property and documents related to state security or instruments and international conventions and treaties or bilateral and foreign policy of the state.

B Notwithstanding the provisions of paragraph [a] of this item of the Commission president and the consent of the head of the department concerned and, without prejudice to the provisions of this law, take the necessary decisions to retain certain documents or excluded or destroyed depending on business requirements and that after filming these documents and recorded in special records

Secondly, may benefit from the destruction of documents prepared for industrial purposes, a subsidiary of the state and the public sector is so damaging to her, to take necessary measures to prevent Mathtoah these documents from the information leak precautions

First, Article 10 may not be directed by any document from the documents deposited in the National Library and Documentation, or in the possession of people, from the Republic of Iraq, but a decision of the Minister of Culture on the recommendation of the house in question.

Second, to prevent the transfer of any document to the original outside the Republic of Iraq, but the decision of the competent minister or the head of the body is related to the Ministry, taking into account maintain on them in necessary cases that require it.

Article 11 The first evaluation of the financial documents and the lower and upper limits necessary to keep them for the time period, the instructions issued by the Minister of Finance [90] ninety days from the date of entry into force of this law

Second it is evaluating the technical documentation and the lower and upper limits necessary to keep them for the time period, the instructions issued by the competent minister or the president of the Supreme point is related to the Ministry during the period [180] hundred and eighty days from the date of entry into force of this law.

Third, take into account the instructions set forth in items [first] and [II] of this article as follows:

A coordination with the National Center for Consulting and the National Center for Administrative Development and Information Technology, each according to its competence.
B how to prepare the minutes of key committees provided for in Article 4 of this law and how to ratify it and save it.

C determining the responsibility of those who cost the duty to keep the documentation has to maintain it, and how to conceal their contents or traded after the completion of the evaluation process.

First, Article 12 Whoever violates the provisions of this law by imprisonment or a fine of not less than 100,000 dinars and not more than 10 million dinars.

Second, punishable by imprisonment for a period not less than [2] two or any more severe penalty provided for by other laws both damaged document or took it out or helped them out of the Republic of Iraq or offended used contrary to the provisions of this Act

III is an aggravating circumstance if the act is guilty by the competent employee.

Fourth punishable by imprisonment or a fine of not less than 200,000 dinars and not more than 15 million dinars each caused by neglecting or Ptgosairh destroyed in an official document, or removing from the Republic of Iraq, contrary to the provisions of this law.

Article 13 of the Minister of Culture to issue instructions to facilitate the implementation of the provisions of this law.

Article 14 repealed preserve documents Law No. [70] for the year 1983, and the remaining instructions issued pursuant thereto window until a Maihl replaced or repealed.

Article 15 of this Act shall be the date of its publication in the Official Gazette.

Reasons:
In order to achieve the requirements of the transitional justice and the development of the means of maintaining Iraq's historical memory expressing the values ​​and national heritage and in response to changes in the field of documentation and archiving for the purpose of finding a mechanism for different types of documents and take advantage of them, this law was enacted.

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