Iraqi Council of Representatives Approves New Law on Non-Governmental Organizations

PUBLISHED: JANUARY 25, 2010

ICNL is pleased to announce the passage earlier today of a new Law on Non-Governmental Organizations for the Republic of Iraq. The new law, which now awaits the final signature of Iraqi President Jalal Talabani, will replaceCoalition Provisional Authority Order Number 45. The new Law on Non-Governmental Organizations is a significant improvement upon both CPA Order 45 as well as the draft law first introduced in the Iraqi parliament in March 2009. The table below briefly summarizes several of the most important provisions.

IssueCPA Order 45 
(current law in force)
March 2009
Government Draft
New Law on Non-Governmental
Organizations
Minimum number of
NGO Founders
Not specifiedFive natural or legal
persons (Article 5)
Three legal or natural
persons (Articles 4, 5)
Registration of NGOsMandatory in all cases
(Section 2.1)
Mandatory in all cases
(Article 25)
Voluntary
Ability to Appeal Denial
of Registration or
Suspension or
Revocation of License
No right to appealMay appeal to Minister
of State for Civil Society
Affairs; Minister’s
decision may be
appealed to
administrative court
(Article 24)
May be appealed directly to Court of Appeals (Article 8)
Restrictions on
Purchase or Sale of
Real Estate
Permissible only for
domestic NGOs, not
foreign NGOs (Section 7.2)
Subject to approval of
government; no limits
on discretionary
authority (Article 14)
None (Article 14)
Reportion
Requirements
Quarterly activity
reports (Section 2.5) and
annual activity and
financial reports (Section 9)
One financial report and
one activity report per
year plus “any other
reports that the
Department deems
necessary” (Article 15)
One financial report and
one activity report per year
(Article 15)
Government Discretion
to Audit NGOs
Permissible at any time,
with or without cause
(Section 5.1)
Permissible at any time,
with or without cause
(Article 21)
Requires reasonable
suspicion that “accounts are
manipulated or not
accurate” (Article 21)
Authority to Dissolve
NGO or Confiscate
Funds
At discretion of
government officials; no
court order required
(Section 6)
At discretion of
government officials; no
court order required
(Article 24)
Requires court order
(Articles 16, 24)
Restrictions on Foreign
Affiliations
Must inform government
of intention to affiliate
(Section 8.1)
Requires prior approval
of government (Article 22)
None (Article 22)
Government Discretion
to Limit Fundraising
NoneDomestic and foreign
fundraising subject to
approval of government;
no limits on
discretionary authority
(Article 17)
None
Criminal PunishmentsNone – all sanctions are
administrative (Section 6)
Imprisonment of up to
three years for specified
violations of NGO law
(Article 25)
None – all sanctions are
administrative  (Article 24)

ICNL is honored to have had the opportunity to provide legislative support and technical assistance over the last year to Iraqi civil society leaders and government officials, including the lead sponsor of the bill, MP ‘Ala Talabani, as the draft legislation was revised and finalized. We wish to thank the US Department of State – Bureau of Democracy, Human Rights, and Labor for their generous support of ICNL’s technical assistance program, as well as the United Nations Office of Project Services for their partnership on civil society law reform in Iraq. We look forward to continuing to work with our local and international partners in preparing implementing regulations for the new law and providing implementation assistance and civil society capacity-building over the coming years.