Based on the provisions of Article 33/b of the Iraqi Investment Law No. 13 of 2006, as amended by Law No. 50 of 2015, the provisions of this law apply to public-private partnership projects, including public sector projects contracted for establishment, rehabilitation, or operation with the private and mixed sectors, under the provisions of this law before and after its enforcement.
Additionally, referring to the provisions of the Public Companies Law No. 22 of 1997, specifically Article 15/Third, which states that "the company has the right to participate with reputable Iraqi, Arab, and foreign companies to execute works related to the company's objectives within Iraq."
Based on the above, Iraqi, Arab, and foreign companies have the right to conclude partnership contracts with the public sector. These contracts can be classified as investment contracts, enabling the benefiting party to enjoy the rights, advantages, and facilities granted to investors under Article 10 of the Investment Law. These include, but are not limited to, customs exemptions, the ability to transfer funds out of Iraq, and the recruitment of labor.
To encourage Iraqi and foreign companies to enter into partnership contracts with the public sector, these projects have been studied, and the process has been facilitated for Iraqi and foreign investors and businesspeople. The Council of Ministers issued Decision No. 23374 of 2023, which exempts partnership contracts from the mandatory announcement for all investment projects. This step has revolutionized the investment field, as all investment opportunities must be announced through the respective investment authorities.
In conclusion, our legal, investment, and financial team advises companies with the necessary capabilities to enter into partnership contracts with the public sector. These contracts provide governmental support, land, and human resources, as well as benefits and facilities granted to investors under the Investment Law, including a 15-year tax exemption, customs exemptions for importing machinery and equipment related to the project, and the possibility of recruiting foreign labor under legal provisions, ensuring success in Iraq's thriving business environment.
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