LAW No. 8 FOR THE 1976

LAW FOR THE PUNISHMENT OF UNLAWFUL MEDIATION

Article - 1

Anyone using another in Iraq to act as an intermediary or agent in contracting with Government Departments or Public Section Administrations, without the knowledge of the competent Iraqi Authorities, shall have dealings barred to him in that sphere, and his name will put on the blacklist.

Article - 2

(a) Anyone acting as an intermediary or agent in accordance with Article One of this Law shall within seven days of completing legalization of his documents, register with the Directorate General of the Registration and Supervision of Companies, and shall not undertake any activities related to mediation or agency prior to registration.

(b) Exemption from the provisions of paragraph (a) of this Article may be granted at the discretion of the Minister of Internal Trade to those in his opinion he deems necessary to exempt from compliance with provisions of paragraph (a).

(c) The competent Minister can prevent commercial dealings within the province of activity of his Ministry with any party coming through intermediaries or agents

Article - 3

(a) Contravention of the provisions of Article Two of this Law shall be punishable by life imprisonment or a term of imprisonment.

Any corporate body, society, or institution other than an individual found to be contravening the provisions of this Law shall be fined not less than ID 10, 000, and shall be dissolved, and its assets liquidated notwithstanding any change in the punishment of the person responsible for its administration in accordance with paragraph (a) of this Article, if its is proved he had intentionally committed the offence.

Article - 4

Any public servant who knowingly performs mediation to secure a Contract with Government Departments or Public Sector Administrations or who has intentionally interfered with the security or freedom of bidding or tenders, for remuneration or commission or any other material benefit, shall receive the death penalty or life imprisonment.

Article - 5

The Trade Organization Board shall on the suggestion of the Minister of Internal Trade issue the Regulations necessary for the execution of this Law.

Article - 6

This Law shall be enacted from the date of its publication in the Official Gazette.

In its issue of the 15^th April, 1976 Al Iraq Newspapers published an item under the above heading, which the office of Mr. Khalid Issa Taha has translated, and which is as follows:

"Its understood that the Ministry of Internal Commerce have circulated the instructions of the Directorate of General of the Registration and Supervision of Companies concerning the activities of the commercial agents, and the commission agents are as follows:

1- No one could act as a commercial agent or commission agent or an intermediary only those who are licensed from the Directorate General of Registration and Supervision of Companies after 2/2/76 being the date of the issuance of the law No. 8 for the year 1976- Law for the punishment of unlawful mediation.

2- In case of foreign companies acting as agents, it is permitted only for their manager duly authorized on behalf of the Company, or in his absence his authorized representative. The consultations shall be restricted to the articles and products and the services of the mother company.

3- The Government Departments and the General Sector Organizations should reject any offer presented to them by the Company agents and mediators who are not licensed by the Register of Commercial Agencies in the Department, after the date stipulated in paragraph 1 above.

4- Ministries and Government Departments and General Sector Organization shall instruct the Directorate General of the Registration and Supervision of Companies with their resolutions and decisions to prevent agents and mediators from dealing with their offices, in order not to furnish such agent with the required license for perceptional proceedings in case of abuse.