Instructions to Implement the Law on Non-Governmental Organizations

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Document Information:

  • Year:
  • Country: Iraq
  • Language: English
  • Document Type: Domestic Law or Regulation
  • Topic:

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In accordance with the provisions of Article (35) of NGO L
aw number (12) of
2010, the following directions were hereby issued: –

No. ( 12 ) of 2010

Directions
on facilitating execution of NGO Law number (12) of 2010

Article 1 – Local NGO shall be established following:-

First . A request letter to be submitted to the Office of Non-
G overnmental Organizations, signed by at least three (3) of the
founders and includes the following:

A. The official name of the organization in either Arabic or Kurdish
and in English language.
B. Address of the location to be utilized as the organization’s
headquarters.
C. Full Name of each of the founders, the ir phone number s and e-
mails.

Second. The follow ing items should be attached to the establishment
request letter :

A. The established statement signed by the founders.
B. A copy of the Iraqi birth certificate and national Identification
card of at least three (3) founding members and a valid
residence card for foreigners.
C. The organization’s bylaw.
D. A proof by the competent administrative unit certifying the
address of the organization.
E. Certificate of registration of the legal entity.
F. Names of the founders authorized by law to represent and
register the organization, and to answer queries on the
organiz ation’s registry and establishment , and means of
contacts with them.

Article 2 – Office of Non- Governmental Organizations shall :

First . Verify that any of the founding members is not convicted for a
non- political crime or misdemeanor involving moral tur pitude in
coordination with the relevant authorities.

Second. Receive all the documents under Article (1) of these directions
and register establishment request letter .

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Third. Decide on the establishment request letter within seven (7) days
from the date of registration, otherwise the request shall be
considered accepted.

Article 3 –

First. Should establishment request letter is accepted, the organization
shall submit the registration application to the Office within thirty
(30) days from the date of acceptance of its request or considered
to be accepted; otherwise the request shall be deemed rejected.

Second. The following should be presented with the registration
application:

A. Registration F orm set up by the Office included the required
information.
B. Minutes of the Board election certified by the founders and a
lawyer recognized by a valid identification issued from the
B ar or the decision of the Board of Directors appointment
signed by the competent authority in accordance with the
organization’s bylaw. A copy of civil identification card and
birth certificate of the board of directors along with contact
information should be attached to the election minutes or
decision of appointment. .

Article 4- T he Office shall issue the organization certifi cate of registration
within thirty (30) days from the date of receiving registration
application that covers the required information and documents .

Article 5 – A branch of foreign non- governmental organization shall be
registered by .

First. Submitting a request letter to the Office of Non- Governmental
Organizations for the purpose of registration including :

A. Organizations’ name.
B. Address of the branch of the organization working in Iraq
certified by the concerned administrative unit.
C. Full Name a nd address and phone numbers of the branch
staff members of the organization residing in Iraq.
Second. The following documents should be attached to the
registration application:
A. Copy of the Iraqi birth certificate, civil identification card,
and criminal record of each local employee along with a
copy of the passport and residence document for
international staff .
B. Bylaw of the mother NGO .

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C.
A duly documentary proof that the foreign mother NGO is
registered as a not -for -profit non- governmental
org anization in its original country . The documentary
proof should be authenticated by the Permanent Mission
of Iraq in the original country of the mother organization
and by the Iraqi Ministry of Foreign Affairs
D. A detailed activity report of the mother N GO outside Iraq.
E. A detailed activity statement of the organization branch
that seeks to implement in Iraq with implementation
mechanisms.
Third. The documents and the information required set out in item
(first) of this article should be translated int o Arabic and
approved by the Iraqi Translators Association or any other
official body.

Article – 6 –

First. It i s not permissible for a non-governmental organization to
operate before a registration certificate is issued, or after a
decision to suspend i t, or a judicial decision to disband it.

Second. It is not permissible for a non- governmental organization to
engage in a profit able or political activity.

Article 7- NGO shall operate in areas set out in its bylaw , including:

First. Provision of humani tarian assistance and relief projects
and other charity work .

Second. Human rights advocacy and awareness.

Third. Educational and cultural activities.

Fourth. Health and environmental protection.

Fifth. Civil society development.

Sixth. Any other n on-for-profit or political activity .

Article 8 – NGOs are prohibited from practicing :

First. Commercial b usinesses for the purpose of distributing funds
among its members for personal benefit or use NGO for tax
e vasion.

Second. Fund-raising for senior p olitical and professional positions
candidates or provision of financial support to them directly or
indirectly.

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Article 9 – Each competent individual can become a member in a number of
NGOs but can not fully chair more than one NGO .

Article 10 – NGOs c an bid and attend auctions advertised by public authorities
if items or required service in the tender are within the work field of
the NGO. Revenues from these bids and auctions shall be recorded
as the NGO resources to cover its main activities to achiev e its
goals.

Article 11 – NGO shall submit a property -ownership or after -registration
property owned statement to the Office to identify the level of need
to these properties to implement its activities.

Article 12 – NGO which pursue public benefit desig nation shall abide by the
following:-

First: Bylaw should include objectives and projects that fulfill clear
public interest.

Second: Objectives should be unified and consistent with the relevant
projects implemented by the organization and their continuity.

Third: Should provide an authenticated letter from the relevant
government sector states that the organization implements its
projects in accordance with the existing law.

Fourth: Its ownership of buildings shall be limited to its capacity to ru n
the premises meant for public interest.

Fifth: Should have 3 consecutive years of actual activity after
registration in accordance with the exiting law and that its field of
work should be related to public interest that it aims to achieve.

Sixth: Its record should be free from violations and breaches.

Seventh: People in charge of the NGO should be highly qualified and
of long experience to run the organization according to its
objectives.

Article 13- NGO shall submit to the Office by the end of each year one
financial report including a description of the organization funding, its financial
transaction and final accounts.

Article 14 – The Office shall coordinate with Board of Supreme Audit to perform
an audit to the financial statements of the NG O if it turns that its statements
are not accurate and were subject to manipulation. A 30- days notice shall be
submitted to the organization from the date of auditing.

Article 15- These directions shall be binding as of the date they are published
in gaz ette .