Private Security Companies Law in Iraq no. 52 of Year 2017
JJ
Chapter One -Validity and objectives Article 1 :-
First: The provisions of this law shall apply to Iraqi private security companies and branches of foreign companies and their employees Second: The private security company means the Iraqi company or the branches of the foreign company that carry out the work of providing security protection services to those who request natural and moral persons for a payment
Article 2 :-
This law aims to regulate the work of private security companies, whether Iraqi or branches of foreign companies in accordance with rules appropriate to the nature of the functions of these companies
Chapter II - License of Company Article 3:-
The private security company shall not operate without obtaining a work license in accordance with the provisions of this law
Article 4:-
Upon a proposal of the Ministry of the Interior and with the approval of the National Security Council, a work permit shall be granted to the private security company at by a request from the concerned parties in accordance with the provisions of this law
Article 5 :-
It is prohibited to grant a license but to an Iraqi security company and when the maximum security requirements may grant license to branches of foreign security companies with the approval of the Council of Ministers by a proposal from Minister of Interior
Article 6 :-
A Directorate shall be established in the Ministry of the Interior, called the Directorate of Private Security Companies, which shall register and issue the license provided in this law and renew it to the private security companies and supervise their affairs and shall be managed by an officer of not less than a colonel, And has an actual service of not less than (15) fifteen years
Article 7 :-
- A fee of (10,000,000) ten million Iraqi Dinars shall be paid to grant license
Article 8 :-
The application for granting the license shall include the following I. If an Iraqi company A copy of the company’s incorporation certificate, its establishment contract and the minutes of appointment of the authorized director, certified by the company registration department B - The name of the company and its headquarters in Baghdad or provinces C -The name of the authorized director of the company and the names of the founders and shareholders, their nationalities and their permanent addresses
Juboori & Co.
1
D- Details of the works and programs that the company intends to achieve E- The number of weapons, types, numbers and ammunition required by the company and its origin F -The number, types, origin, and registration numbers of the Vehicles, registered in company name in the competent traffic departments G- A statement of wireless devices including their types, serial numbers, originators and other technical specifications H- The property letter or the lease contract for the premises company, approved by the competent departments I- A bank guarantee from an Iraqi government bank in the amount of (250,000,000) two hundred and fifty million Iraqi Dinars If it is a branch of a foreign company2A -certificate of registration of the company’s branch at the Companies Registration Department in Iraq B) A copy of the Memorandum of Association and the Rules of procedure of the parent company or its place of business C- A copy of the company registration certificate issued in the country where it’s registered D- A list of the names of the members of the Board of Directors of the Company, the nationality of each of them and the names of the persons authorized to sign instead them E- A copy of the authorization of the director in charge of the administration of the branch in Iraq and the resident in it actually issued by the management of the company with its signature form F -copy of the last FS of the company with two copies of the report of the board of directors attached or attached to these FS G- The number of weapons needed by the company, its types, numbers and ammunition, and their origin H- The number, types, origin and registration numbers of the Vehicles, registered under name of the company in the competent traffic departments I. A statement of wireless devices, including their serial numbers, originators and other technical specifications, provided that they are intended for communication only and subject to strict examination by the Ministry of Interior J- A bank guarantee from an Iraqi government bank with amount of (1 billion) billion Iraqi dinars Thirdly, the documents stipulated in paragraphs (b), (c), (d), (e) and (f) of item (ii) of this article shall be certified in the company’s home
Article 9 :-
First, the certification from the competent authorities in the Ministry of Interior is required to ensure that there is no security impediment to granting the company a work permit and the employment of its employees and certification of the Iraqi Na-
Juboori & Co.
2
tional Intelligence Service for the branches of foreign companies Second: considering a rejection of the certification provided for in item (1) of this Article shall be considered if it is a non-answer within ninety (90) days from the date of registration of the application
Article 10 :-
In case of a shortage of documents and data, the applicant must complete within a period not exceeding sixty (60) days from the date on which it is notified the deficiencies. Otherwise, the application shall be cancelled
Article 11 :-
The National Security Council may refuse to grant a license to the company when one of the requirements stipulated in this law is not available and the company shall be notified in writing
Chapter III - Renewal of license Article 12 :-
The period shall be two years from the date of issuing the license
Article 13 :-
The license may be renewed according to the following :First: The owner of the company shall submit to the Minister an application for renewing the license 60 days prior to the date of expiry of the license period Second: The Minister shall decide on the application stipulated in item (1) of this Article within sixty (60) days from the date of registration in the register of the incoming Third: the Minister not to take action during the period stipulated in item (II) of this article shall be considered as rejection of the request Fourth - A fee of (5 million) five million dinars for the renewal of license Appointment of employees in the company
Article 14 :-
the employee of the Iraqi company shall be appointed with the approval of the Ministry and according to the following conditions: -not less than (18) eighteen years and not more than (55) fifty-five years 1 - Able to read and write at least2 3-Thirdly, the conditions of physical and physical fitness should be supported by a competent medical authority 4- pass the weapons test 5- His knowledge of the principles of human rights 6 - Good morals , good reputation and conduct 7-he is not sentenced to a felony or misdemeanor that violates honor and is not political 8- provide a guarantor to the Ministry of the amount of (3000000) three million Iraqi dinars.
Juboori & Co.
3
Article 15 :-
The worker shall be appointed in the branch of the foreign company according to the following I. Approval of the Ministry of Interior after the opinion of the Ministry of Defense (Directorate of Military Intelligence and the Directorate General of Intelligence and Security) the National Security and the Iraqi National Intelligence Service 2- provide a guarantor to the Ministry of the amount of (3000000) three million Iraqi dinars or deposit this amount in the Fund of the Ministry Third: An undertaking by the company’s branch to bring the worker to the competent authorities upon request and responsibility in solidarity for the acts he commits in the Republic of Iraq Fourth: Employees of foreign private security companies shall be subject to Iraqi jurisdiction and judicial in case of committing any crimes or offenses within Iraqi territory. Fifth: oblige all branches of foreign security companies operating in Iraq to appoint 25% of Iraqis to work in those branches and who meet all the conditions of appointment stipulated in this law
Chapter V - Company records Article 16 :-
The Company and its subsidiaries shall keep the following records First: The register of employees and their names of the company , their addresses, nationality, reconstruction and previous occupations 2nd - register of correspondence III. Register of weapons, including the number of weapons, their types, specifications and quantity of equipment 4th -record the daily movement of arms Fifth: The record of wireless devices including their types, serial numbers, originators and other technical specifications Sixth- record used Vehicles
Article 17 :-
First: The records stipulated in Article (16) of this law shall be ratified by the public notary and shall be stamped with the stamp of the company Second, all the papers and documents of the company shall be affixed to the full name of the company as stipulated in its license Third - signing all correspondence of the company from the authorized director or his authorized and stamped with their stamp
Chapter six - Rules of procedure Article 18 :-
The Iraqi Security Company shall issue an internal order within 90 ninety (days from
Juboori & Co.
4
the date of granting the license
Article 19 :-
The company’s by-laws shall include the following: First - the name of the company and its objectives, programs and activities II - the management HQ of the company Third -the organizational structure of the company and its financial resources Fourth - the number of employees in the company commensurate with the contracts concluded by them Fifth: The foundations adopted by the company to compensate its employees for the damage caused to them
Chapter VII - Obligations of the Company Article 20 :-
The company shall Committed by the following: First, not to use their own Vehicles for purposes other than those intended for them or to bring them out of their own places Second - appointment of a person responsible for organizing and controlling the movement of cars belonging to it, and recording the dates of departure and return and the body charged with records maintained for this purpose Third - the Ministry’s reporting of any crime that occurred during the course of the work of the company or because of it or suspected of having occurred Fourth - reporting the Ministry of any change in any of the data, documents or information on the basis of which the license was granted within (7) days from the date of receipt thereof Fifth: Carrying the weapon in a hidden manner and may not be shown except in accordance with item (VII) of this article Sixth -commitment to the dress of the company and Carry its badge VII. Non-use of force against third parties except using the right of legitimate defense provided for in Penal Code No.111 of1969. Eighth –organizing a program to train the employees of the company on the technical aspects of the use of weapons and the principles , methods of protection and legal awareness and human rights principles in coordination with the ministry IX- Non-use of communication equipment for non-activity of the company X. Making a written commitment to comply with the Iraqi laws
Article 21 :-
The Company shall provide security protection to persons on the basis of a contract concluded between the parties and approved by the Ministry of Interior
Article 22 :-
The Company shall submit to the Ministry the following documents and documents for the purpose of auditing:
Juboori & Co.
5
First - monthly disclosure of accounts of the company, provided that the resources or financial resources Second- documents and documents related to the import and export of weapons from outside Iraq Third - The numbers and types of weapons used when performing their duties Fourth – documents relating to the company’s certification Re-weapon used by the employees during the duty to The Company’s weapons store after duty Fifth - Contracts concluded by the Company with the applicants for protection to the Ministry of Interior for the purposes of ratification Sixth - a monthly position including weapons and equipment used
Article 23 :-
The company is prohibited to First, to carry out any activity that threatens the security, territorial integrity, sovereignty, independence and national unity of the State Second - formation of military or paramilitary organizations Thirdly, carrying out any act that would violate the rights and freedoms of citizens Fourth - carry out any act which would interfere in the internal affairs of any other State Fifth - Possession or storage of unlicensed firearms, weapons of war, and explosive or cracking materials Sixth -possession or carrying of firearms with a caliber exceeding 7.62mm, except for pistols with a caliber not exceeding 9 mm Seventh -Exercise other than the activity specified in the license
Chapter VIII - Control and inspection Article 24 :-
First - The Company is subject to supervision and inspection from the body determined by the Ministry to verify that the company carry out its activities in accordance with the provisions of the law Second: The Company shall provide the necessary facilities for the entity stipulated in item (1) of this article and shall provide it with the necessary records, documents and carry out the on-site inspection of the company’s stores of weapons and equipment and all that it can perform its work
Chapter IX - Punishments Article 25 :-
Any person who carries out the profession of security protection without a license shall be subject to imprisonment and a fine not less than ( 100000000) one hundred million Iraqi dinars unless the law provides for a heavier Punishment
Article 26 :-
The Minister may withdraw or suspend the work license granted to the Company in one of the following two cases:
Juboori & Co.
6
First - Failure to direct the company to its activity or stop it after (90) days to grant the license without a legitimate excuse Second: Failure to renew the company’s license within the period stipulated in item (1) of Article (13) of this law
Article 27 :-
The Minister may withdraw or suspend the work permit granted to the Company and the financial guarantee shall be credited to the State Treasury in one of two cases: First: Loss of the company one of the necessary conditions for granting the work permit provided for in this law Second -violation of the provisions of Articles (14)(15)(16)(17) (18)(20)(21)(22)(23) and Article (2nd ) this is the law
Article 28 :-
The Minister may decide to resume the company’s activity if it deals with the situation that caused the suspension of its license.
Article 29 :-
The Minister may withdraw the license granted to the Company and the cash guarantee to the State Treasury if ninety (90) days have elapsed since the suspension of its license without addressing the situation that called for it
Article 30 :-
In case of withdrawal of the company’s license, it shall commit by the following First, restoration the documents of possession of the weapons provided for in Article ( 32) of this Law and the identities stipulated in Article (1st ) of Article (34) of this Law Second: Selling the Vehicles, weapons, equipment and wireless devices in possession of the company or other certified security companies in accordance with the provisions of this law after obtaining the approval of the Ministry of the Interior on the sale and within a period not exceeding 60 days starting from the date of withdrawal of the company’s license. Otherwise confiscation what mention in this item by Ministry of Interior
Article 31 :-
If a decision is made to withdraw the license of the Iraqi company or the branch of the foreign company and acquire The final grade, the company shall be close out according to the law
Chapter X - General and final provisions Article 32 :-
The Ministry shall grant the Company licenses for the possession of a firearm on the basis of the license granted to it and on the basis of its actual need in accordance with the law
Article 33 :-
set of uniforms and badges of employees in the company and the marks placed on their Vehicles and colors by instructions issued by the Minister
Article 34 :-
First: The Ministry shall provide the employees of the Company with their own identities according to a model prepared for this purpose
Juboori & Co.
7
Second: A fee of ( 100000) hundred thousand dinars is collected for the issuance of identity
Article 35 :-
the Company authorized under Coalition Provisional Authority (CPA) Memorandum No. (17) For the year 2004 shall adjust its conditions in accordance with the provisions of this law within a period not exceeding 60 days from the date of its entry into force. Otherwise, the work license granted to the company shall be withdrawn
Article 36 :-
The Minister’s decision may be appealed based on the provisions of Article (11) and item (third) of Article (13) and Article (26) and Article (27) and Article (29) of this Law before the Administrative Court in accordance with the law
Article 37 :-
The provisions of the Companies Law No. (21) Of year 1997 and the Foreign Companies and Enterprises Companies Law No. (5) Of year 1989 shall apply in all that is not provided for in this Law
Article 38 :-
The Foreigners Act No. (118) of year1978 applies to foreign workers in security companies
Article 39 :-
The Coalition Provisional Authority Order No. (17) For the year 2003 (the status of the Coalition and foreign liaison missions and its employees and contractors working with them) and Section (2) the relation of Judiciary from the authority of the Coalition Provisional Authority (CPA) no3 of 2003 (Criminal Procedures) to private security companies and their employees
Article 40 :-
Memorandum of the Coalition Provisional Authority (dissolved) no. (17) For the year2004 (registration requirements for private security companies)
Article 41 :-
The Minister shall issue instructions to facilitate the implementation of the provisions of the Law
Article 42 :-
This Law shall be implemented from the date of its publication in the Official Gazette
Reasons
For the purpose of regulating the work of private security companies and their role in providing security protection services to individuals and companies. Due to the beginning security companies operating under the Coalition Provisional Authority Memorandum No. (17) for the year2004 and the absence of this memorandum of clear legal provisions and texts that specify procedures and conditions to be met in the company To grant them work license as well as a lack of penal provisions and free from punitive provisions in case of breach of the company’s duties and to address these shortcomings. This law was enacted.
Juboori & Co.
8
Contact with Our Senior Management Team Ahmed al-Juboori Mobile Number :+964 - 7901 857 094 Email: acc.firm@aljuboori.net Aymen al-Juboori Mobile Number: +964 - 7901 434 230 Email: law.firm@aljuboori.net Inas Al-Qaisiy Mobile Number: +964 - 7710 056 646 Email: inas.alqaisiy@aljuboori.net
Shehab Al-Hiti Mobile Number : +964 - 7901 627 939 Email: aljuboori1@gmail.com