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No. (43) of 1963
Law
Iraqi Nationality
In the name of the people
Presidency of the Republic
Based on the Constitutional Law of the National Council for the Command of the Revolution and based on
what was presented by the Minister of Interior, approved by the Council of Ministers, and ratified by the National Council for the Command of
the Revolution.
The following law has been ratified
Article One - The following expressions are intended to have the meanings indicated opposite them:-
1 - Iraqi - A person who enjoys Iraqi nationality.
2 - Foreigner - A non-Iraqi.
3 - Age of majority - Eighteen full years according to the Gregorian calendar.
4 - Habitually residing in Iraq - Whoever had their usual place of residence in
Iraq from the twenty-third day of August 1921 until
the sixth day of August / 1924
5 - Ottoman - A person who held the nationality of the old Ottoman State
before the implementation of the Treaty of Lausanne on August 6 / 1924 or any
state that seceded from it pursuant to the aforementioned treaty.
6 - The Arab Nation - The people of the lands bounded between the Atlantic Ocean
and the Arabian Gulf whenever the Arabic language is the language of ⟦the majority⟧ of the population therein
7 - The Minister - The Minister of Interior.
Article Two - Every person who obtained Iraqi nationality shall be considered an Iraqi national
pursuant to the provisions of Law No. 42 of / 1924 and its amendments.
Article Three - 1 - Whoever was an Ottoman national, of the age of majority, and habitually residing
in Iraq, shall lose Ottoman nationality and be considered an Iraqi national starting from the
sixth day of August / 1924, and his minor child shall also be considered an Iraqi national following him.
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2 - Anyone who, on the date mentioned in the previous paragraph, was a minor
and had lost both parents or the father alone, shall lose Ottoman nationality and be considered
an Iraqi national starting from the aforementioned date.
Article 4 - The following shall be considered Iraqi:
1 - Anyone born in Iraq or outside it to a father possessing Iraqi nationality.
2 - Anyone born in Iraq to an Iraqi mother and an unknown father or a father with no nationality.
3 - Anyone born in Iraq to unknown parents; a foundling
found in Iraq is considered to have been born there unless evidence proves otherwise.
Article 5 - The Minister may consider anyone born outside Iraq to an Iraqi mother
and an unknown father or a father with no nationality as an Iraqi national if they <del>choose it</del> choose it within a year of
reaching the age of majority.
Article 6 - 1 - The Minister may consider as Iraqi anyone born in Iraq who has reached
the age of majority therein, born to a foreign father also born in Iraq and who was habitually resident there at
the time of the child's birth. This provision applies to those who did not obtain a certificate of Iraqi
nationality before the effective date of this law in accordance with paragraph (b) of Article 8 of Law
No. 42 of 1924 as amended.
2 - Anyone born in Iraq who has reached the age of majority therein and whose father and paternal grandfather
were born therein shall be considered Iraqi.
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Article Seven - 1 - The Minister may grant Iraqi nationality to anyone born
in Iraq to a foreign father who was not born there under the following conditions:-
A - That he is a habitual resident in Iraq.
B - That he submits an application while residing in Iraq within a period of one year from reaching the age of
majority, in which he declares his desire to choose Iraqi nationality. Performance of military service
is considered equivalent to submitting this application.
C - That he is free from infectious diseases and physical or mental disabilities.
D - That he is of good conduct and reputation and has not been convicted of a felony or misdemeanor
involving dishonor.
E - That he is proficient in the Arabic language or any legally recognized local language.
2 - The provision of paragraph (1) applies to those who did not obtain an Iraqi nationality
certificate before the effective date of this law in accordance with Article Nine of Law No. 42 of
1924 as amended.
Article Eight - The Minister may accept the naturalization of a foreigner with Iraqi nationality under the following
conditions:-
1 - That he has reached the age of majority.
2 - He entered Iraq legally and is residing there when submitting the naturalization application.
3 - He has resided in Iraq legally for a period of at least ten consecutive years
prior to the application for naturalization.
4 - That he is of good conduct and reputation and has not been convicted of a felony or misdemeanor involving
dishonor.
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Article Twelve - 1 - If a foreign woman marries an Iraqi, she acquires
Iraqi nationality from the date of the Minister's approval, and she may renounce it within three years
from the date of her husband's death, her divorce, or the annulment of the marriage, and she loses her Iraqi nationality from
the date she submits a request to that effect.
2 - If an Iraqi woman marries a foreigner or an Iraqi who acquired a foreign
nationality after the date of marriage, her Iraqi nationality shall cease when she acquires the nationality
of her husband, and she may return to her Iraqi nationality within three years of her husband's death,
her divorce, or the annulment of the marriage, and Iraqi nationality returns to her from the date of her submission
of a request to that effect.
3 - An Iraqi woman who was previously married to a foreigner and lost her
Iraqi nationality due to marriage and did not acquire her husband's nationality shall have her Iraqi
nationality returned to her until she acquires the husband's nationality.
Article Thirteen - 1 - If a foreigner acquires Iraqi nationality, his
minor children become Iraqi.
2 - If an Iraqi loses Iraqi nationality, his minor children lose it as well, and a minor
who lost Iraqi nationality under this paragraph may regain Iraqi nationality
by submitting a request to that effect while in Iraq within one year of reaching the age of majority, and the
provisions of this paragraph shall not benefit the children of Iraqis whose Iraqi nationality was removed under
the provisions of Law No. (1) of 1950 and Law No. 12 of 1951.
Article Fourteen - 1 - Every person belonging to the Arab nation is considered an expatriate citizen
if he does not reside in an Arab country and does not hold the nationality of any Arab country. The Minister may grant him a certificate
of this status based on an application presented to the Expatriate Citizens Committee to express an opinion thereon,
and this committee shall be formed by a decision of the Council of Ministers based on a proposal by the Minister.
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2 - The Minister, after consulting the committee, may withdraw this certificate if it becomes apparent that there is any
danger to security or economic or social interests from the activity of the person holding it.
Article Fifteen - Special registers shall be prepared in the consulates of the Iraqi Republic
abroad to record the holders of Expatriate Citizen status certificates.
Article Sixteen - Holders of Expatriate Citizen status certificates shall enjoy the following
rights: -
1 - Entering the Iraqi Republic without an entry visa.
2 - Residing in the Iraqi Republic.
3 - The rights of Iraqis which are determined by a decision of the Council of Ministers and within the limits
stipulated in this decision.
Article Seventeen - Iraqi citizenship may be granted to anyone holding a certificate as a
citizen by a decision of the Council of Ministers if they submit a request for that.
Article Eighteen - The Minister may withdraw Iraqi citizenship from a foreigner who acquired it
if they accept their original citizenship while residing in Iraq.
Article Nineteen - The Minister may withdraw Iraqi citizenship from a foreigner who acquired it
if they perform or attempt to perform an act considered a danger to the state's security or safety.
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Article 20 - The Minister may revoke Iraqi citizenship from an Iraqi in the following
cases: -
1 - <del>If he enters</del> If he accepts entry into military service for a foreign country without
prior permission issued by the Minister of Defense.
2 - If he works for the benefit of a foreign state, government, or hostile entity abroad, or
accepts a position abroad with a foreign government or one of the foreign or
international bodies and refuses to leave it despite the order issued to him by the Minister.
3 - If he resides abroad habitually and joins a foreign body whose
purposes include working to undermine the social or economic system of the state
by any means whatsoever.
Article 21 - An Iraqi whose Iraqi citizenship is removed is not absolved
from the duties or obligations incurred by him before the removal of Iraqi citizenship.
Article 22 - Iraqi Nationality Law No. 42 of 1924 and its
amendments are hereby repealed.
Article 23 - Necessary regulations and instructions may be issued to facilitate
the application of the provisions of this law, and the regulations and instructions issued under the provisions of the Iraqi
Nationality Law No. 42 of 1924 and its amendments shall be considered valid until they are repealed
or replaced by others.
Article 24 - This law shall come into force from the date of its publication in the Official
Gazette.
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