Text of the revised draft law reconstruction of infrastructure

22-09-2012 03:34 PM




The text of the draft law reconstruction of infrastructure and service sectors amended,
Based on what passed the House and was approved by the Presidency Council, and based on the provisions of the first item of Article 61 and Article III of Article 73 of the Constitution.


The first Article of the law that 'the provisions of this Act shall apply to contracts entered into by the ministries and departments not associated with the Ministry Iraqi and foreign companies, to implement service projects specified in the table attached to this law.'


The first proposed amendment to this article points out that 'the provisions of this Act shall apply to contracts entered into by the ministries and departments not associated with the Ministry Iraqi and foreign companies to implement service projects specified in the table attached to this law the first of the proposed amendment'.


The text of the proposed amendment second article that 'the provisions of this Act shall apply to contracts entered into by the ministries and departments not associated with the Ministry Iraqi and foreign companies to implement service projects specified in the table attached to this law for the second proposed amendment'.


Article III of the Act provides that 'no more than the amounts of contracts covered by the provisions of this law (37000000000) thirty-seven billion dollars'.


However, the proposed amendment to Article indicates that 'do not exceed the amounts of contracts covered by the provisions of this law (40000000000) Forty billion dollars'.


The following is the full text to amend the law on the reconstruction of infrastructure and service sectors:


Based on what passed the House of Representatives and approved by the Presidency Council and based on the provisions of the first item of Article 61 and Article III of Article 73 of the Constitution.


Issued the following law


Law reconstruction of infrastructure and service sectors for the year 2012


Article 1 - the provisions of this Act shall apply to contracts entered into by the ministries and departments not associated with the Ministry Iraqi and foreign companies to implement service projects specified in the table attached to this law.


The first proposed amendment to Article -1 -


Provisions of this Act shall apply to contracts entered into by the ministries and departments not associated with the Ministry Iraqi and foreign companies to implement service projects specified in the table attached to this law the first of the proposed amendment.


The second proposed amendment to Article -1 -


Provisions of this Act shall apply to contracts entered into by the ministries and departments not associated with the Ministry Iraqi and foreign companies to implement service projects specified in the table attached to this law for the second proposed amendment.


Article 2 - implement projects covered by the provisions of this law in a way postpaid taking into account the size of annual revenues to the public treasury for the coming years and the volume of expenses and financial obligations.


Article 3 - do not exceed the amounts of contracts covered by the provisions of the Act (37 billion) thirty-seven billion dollars.


The proposed amendment to Article -3 -


Do not exceed the amounts of contracts covered by the provisions of this law (40000000000) Forty billion dollars.


Article 4 - enjoys an Iraqi contractor and foreign port for the project covered by this Law shall enjoy the privileges and exemptions as follows:


First: - exemption from income tax and customs duties, stamp duty and any taxes and other fees.


Second: - exemption from restrictions on the import of equipment, machinery and materials for the project.


Third: - exemption from the application of controls and restrictions leave work and the use of foreigners, except with regard to the necessity for providing data and information on use.


The proposed amendment


Third: - exemption from the application of controls and restrictions leave work and the use of foreign except with regard to the necessity for providing data and information security Balastkhaddamwaljoinb.


Article 5 - enjoys working for contractors covered by the provisions of this law, exemption from income tax resulting from the implementation of the project covered by the provisions of this law.


Article 6 - apply the privileges and exemptions provided in this law on the major and minor construction contractors executing the public sector or mixed or private Iraqi or foreign.


Article -7 - The ministries and departments not associated with the Ministry to submit proposals on projects to be implemented under this law to the ministerial committees sectoral and which holds the turn study and make recommendations thereon to the Council of Ministers, for the purpose of taking the necessary decision, to take into account those committees financial ceiling specified for each sector in the attached table of the law and the equitable distribution of projects to the provinces is part of a region and the region and taking into account the projects that exceed federal per region or province is part of a region.


The proposed amendment to Article -7 -


The ministries and departments not associated with the Ministry to submit proposals on projects to be implemented under this law to the ministerial committees sectoral and which holds the turn study and make recommendations thereon to the Council of Ministers for the purpose of making the necessary decision, to take into account those committees financial ceiling specified for each sector in the attached table the law and fair distribution projects to the provinces is part of a region and the Kurdistan region of 17% of the non-federal projects and taking into account the projects the strategy that exceed federal per region or province is part of a region.


Added a new article ()


The Ministry of Finance to ratify all debts and guarantees the state as a result of the program orbit search and based on the provisions of paragraph 6 of section 10 of the Financial Administration Act and the Public Debt No. 95 of 2004.


Article 8 - companies committed to implementing projects run Iraqi labor in projects covered by the provisions of this law, a certain percentage depending on the nature of each project.


The proposed amendment to Article 8 -


The companies executing projects run Iraqi labor in projects covered by the provisions of this law, the highest percentage possible and depending on the nature of each project.


Added a new article ()


Are selected companies with expertise and competence and on a competitive basis to ensure you get the best deals, including the best financing terms without intermediate companies.


Added a new article ()


The Council of Ministers based on the recommendation of the Ministries of Finance and Planning approve the project and to develop appropriate mechanisms to implement what it is ratified by the Council.


Added a new article ()


First: - form a higher committee to negotiate and contract comprises:


1 - one of the Vice Prime Minister.


2 - Finance Minister.


3 - Minister of Planning.


4 - Secretary General of the Council of Ministers.


5 - the competent ministry.


6 - A representative of the Kurdistan region (for federal projects and the Kurdistan Region).








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