AI English Translation, Pages 26-50
Iraqi Gazette Issue 2939 3 10-3-1951
part of it from Iraq, and it is also prohibited to conduct any transaction on it except for the purposes stated in
this regulation.
Article Five - Every money changer or bank and every natural or legal person and on
official and semi-official government departments must observe the following:-
A - Every person in whose possession or under whose control there are immovable properties belonging to the person
whose citizenship has been revoked, whether those properties are under his control by way of agency,
trust, or loan, must refrain from disposing of them in any type of disposal, and he
must submit to the Secretary-General within twenty days of the effective date of this regulation a statement explaining
the type of those properties, their details, their number, their location, and the Tabu deeds - if any - and provide
a written undertaking not to dispose of them.
B - If the immovable properties are in the possession of a person by way of partnership, mortgage,
insurance, or lease, he must refrain from conducting any transaction on them and must submit the statement
mentioned in the previous paragraph within the period specified therein and provide the clarifications requested
from him by the Secretary-General and follow the instructions issued by the Secretary-General on how to dispose
of them.
C - Every money changer and every person in whose possession there is Iraqi or foreign money, currencies, trusts,
bonds, transferable papers, shares, or any other properties - except for immovable ones -
belonging to the person whose citizenship has been revoked. He must refrain from conducting any transaction on them or
removing them from his possession in any way whatsoever and must submit them within fifteen days from
the effective date of this regulation to the Secretary-General and provide him with the details he requests from him.
D - Every bank that has Iraqi or foreign money, currencies, trusts, bonds,
shares, or any properties belonging to the person whose citizenship has been revoked must refrain from
disposing of them and conducting any transaction on them from the effective date of this regulation. It must submit to
the Secretary-General within fifteen days from the date of its effectiveness a list containing the types of those
properties, their details, and their amount along with any remarks it has. And it shall keep those properties
in its possession and disposal shall be carried out according to the instructions it receives from the Secretary-General.
E - The Tabu departments must refrain, as of the effective date of this regulation, from conducting any transaction
belonging to the person whose citizenship has been revoked regarding the immovable properties belonging to him or which
are in his possession unless they receive an order from the Secretary-General, and they must carry out the disposal of them
as he decides.
F - The Customs and Excise departments, imported goods, and other official
and semi-official government departments must send to the Secretary-General all properties, shipping manifests,
and other commercial papers belonging to the person whose citizenship has been revoked within
a period of ten days and not to conduct any transaction or disposal on them as of the effective date of
this regulation. Disposal of these properties shall be carried out according to the instructions issued by the Secretary-
General.
Within the period
specified by the Secretary
General, provided it does not exceed
three months
according to the amendment
under the regulation
No. 9/51
issued on
1951/3/21
Number
(2939)
Year
Twenty-ninth
Al-Waqai' Al-Iraqiya
Amen
(The Official Gazette of the Iraqi Government) - Published by the General Directorate of Propaganda in Iraq
Registered at the Central Post Office in Baghdad under number (4)
Annual subscription fee: Two dinars in the capital and two dinars and five hundred fils outside the capital
Price per single copy (20) fils
Saturday - 2 Jumada al-Akhirah 1370 and 10 March 1951
Number (3) of 1951
Regulation
Supervision and Administration of the Property of Jews Whose Iraqi Citizenship Has Been Revoked
After reviewing Article 3 of the Law for the Supervision and Administration of the Property of Jews Whose
Iraqi Citizenship Has Been Revoked No. (5) of 1951, and based on the authority delegated to us pursuant to
Amended Article 23 of the Basic Law and based on what the Council of Ministers has approved, we have ordered the enactment of the
following regulation on behalf of His Royal Highness the Great Regent.
Article 1 - The Secretary General may exercise the following powers:-
A - Taking possession of all property belonging to the person whose citizenship has been revoked, administering it,
disposing of it, and liquidating it in accordance with the provisions of the aforementioned law and this regulation.
B - Representing the person whose citizenship has been revoked before courts, official departments, and others, or appointing
another to represent them before them.
C - Appointing trustees to manage the property belonging to those whose citizenship has been revoked.
D - Liquidating businesses or commercial establishments belonging to the person whose citizenship has been revoked and appointing
trustees for this purpose, and paying the necessary salaries and expenses for that.
Iraqi Gazette Issue 2939 4 10-3-1951
Article Six - This regulation shall be implemented from the date of its publication in the Official Gazette.
Article Seven - The Ministers of State shall implement this regulation.
Written in Baghdad on the second day of the month of Jumada al-Thani in the year 1370 and the tenth day
of the month of March in the year 1951.
| The Regency Council |
Muhammad al-Sadr | Husayn bin Ali | Jamil al-Midfai
Mustafa al-Umari | Omar Nazmi | Nuri al-Said
Minister without Portfolio | Minister of Interior | Prime Minister
| | and Acting Minister of Foreign Affairs
Shakir al-Wadi | Muhammad Hassan Kubba | Majid Mustafa
Minister of Defense | Minister without Portfolio | Minister of Social Affairs
Hassan Sami Tatar | Abdul-Wahab Mirjan | Diya Jafar
Minister of Justice | Minister of Finance | Minister of Communications and Works
Abdul-Majid Mahmoud | Khalil Kannah |
Minister of Economics | Minister of Education |
⟦line⟧
Government Press - Baghdad
Iraqi Gazette Issue 2939 2 10-3-1951
e - Signing all transactions required for the management, liquidation, or freezing of funds according to the provisions of this law.
f - Acting on behalf of the person whose citizenship has been revoked in companies whose term has not ended or which he does not see a reason to dissolve, or delegating others for this purpose, as well as acting on his behalf in all his rights according to this regulation.
g - Receiving the funds belonging to the person whose citizenship has been revoked, as well as receiving bills of lading and documents belonging to the person whose citizenship has been revoked and disposing of them according to the provisions of this regulation.
h - Paying the legal expenses imposed by the competent courts for those supported by the person whose citizenship has been revoked from his funds if they have no provider and no resources for living, as well as paying the living and travel expenses for the person whose citizenship has been revoked and those he supports from his funds until his deportation.
i - Inspecting the books, records, and papers belonging to any legal or natural person whom the Secretary-General believes for a reasonable cause has in his possession or under his control funds belonging to the person whose citizenship has been revoked, and he may delegate others to conduct this inspection.
j - Any other procedures and powers that the Council of Ministers decides from time to time to grant to the Secretary-General for the purpose of this regulation.
Article Two - The Secretary-General may sell the immovable property belonging to the person whose citizenship has been revoked in the following cases:
a - Paying the rights owed by him to the Treasury, government departments, water and electricity supplies, municipalities, and other semi-official departments.
b - Paying the debts established against him by a judgment that has acquired final status based on a document certified by the Notary Public before the enforcement of Law No. (5) of 1951, or to complete a mortgage and insurance transaction documented by a Tabu deed issued before the enforcement of this regulation.
c - If it is prone to collapse or the benefit from its exploitation has ceased.
d - Paying the alimony owed by him according to the provisions of paragraph (h) of the previous article.
e - Paying any expense or fee under this regulation.
Article Three - If the Secretary-General is convinced that the company established by the person whose Iraqi citizenship has been revoked, or in which he has shares, contains clear harm, or that its continuation leads to the smuggling of funds from Iraq, or that its remaining is not consistent with the purposes of Law No. 5 of 1951 and this regulation, or that there is one of the legal reasons, he may request the dissolution and liquidation of the company, and he may also dispose of the shares according to the legal provisions.
Article Four - Subject to the provisions contained in Article (2), the Secretary-General must freeze all funds belonging to the person whose citizenship has been revoked and refrain from releasing any
Al-Waqai' al-Iraqiya Issue No. 2939
3
10-3-1951
part of it from Iraq, and it is also prohibited to perform any transaction on it except for the purposes stated in
this regulation.
Article Five - Every money changer or bank and every natural or legal person and
official and semi-official government departments must observe the following:-
A - Every person in whose possession or under whose control there are immovable properties belonging to the person
whose citizenship has been revoked, whether those properties are under his control by way of agency,
trust, or loan, must refrain from disposing of them in any way, and he must
submit to the Secretary-General within twenty days from the effective date of this regulation a statement explaining
the type of those properties, their details, their number, their location, and the land registry deeds - if any - and provide
a written undertaking not to dispose of them.
B - If the immovable properties are in the possession of a person by way of partnership, mortgage,
insurance, or lease, he must refrain from performing any transaction on them and must submit the statement
mentioned in the previous paragraph within the period specified therein and provide the clarifications requested
from him by the Secretary-General and follow the instructions issued by the Secretary-General on how to dispose
of them.
C - Every money changer and every person in whose possession there is Iraqi or foreign money, currencies, trusts,
bonds, convertible papers, shares, or any other properties - except for immovable ones -
belonging to the person whose citizenship has been revoked, must refrain from performing any transaction on them or
removing them from his possession in any way whatsoever, and must submit them within fifteen days from
the date this regulation comes into force to the Secretary-General and provide him with the details he requests from him.
D - Every bank that has Iraqi or foreign money, currencies, trusts, bonds,
shares, or any properties belonging to the person whose citizenship has been revoked must refrain from
disposing of them and performing any transaction on them from the date this regulation comes into force. It must submit to
the Secretary-General within fifteen days from the date of its enforcement a list containing the types of those
properties, their details, and their amount along with any remarks it has. It must keep those properties
in its possession and dispose of them according to the instructions it receives from the Secretary-General.
E - The Land Registry departments must refrain, as of the date this regulation comes into force, from performing any transaction
belonging to the person whose citizenship has been revoked regarding the immovable properties belonging to him or which
are in his possession unless they receive an order from the Secretary-General, and they must dispose of them
as he decides.
F - The Customs and Excise departments, Imported Goods departments, and other official
and semi-official government departments must send to the Secretary-General all properties, shipping manifests,
and other commercial papers belonging to the person whose citizenship has been revoked within
a period of ten days, and no transaction or disposal shall be performed on them as of the date of enforcement of
this regulation. These properties shall be disposed of according to the instructions issued by the Secretary-
General.
Secretariat of the General Secretariat Council
17/6/52
Decision
The decision of the General Secretariat Council No. 1 of 1951 stipulated the collection of administrative expenses from those covered
by Law No. 12 of 1951 at a rate of 1% from the date of its entry into force until the date of submitting the request to lift the hand
based on paragraph (5) of Article Two and paragraph (2) of Article Four of the aforementioned law.
The Council found at the time that this percentage was sufficient to settle the expenses spent for the purpose of implementing the provisions of the aforementioned law,
taking into account the period limited to the date of the law's issuance and its entry into force on 25/3/1951 and the date of submitting
the request to lift the hand.
In view of what was stated in the decision of the Bureau of Interpretation No. 1 of 1952 regarding calculating expenses until the excuse is realized,
this limitation requires reducing expenses to a degree that does not cover the expenses incurred by the General Secretariat
regarding funds whose freezing lasted many times the period during which the excuse was realized, the Council of the
General Secretariat has reconsidered the issue and decided the following:-
1- Administrative expenses shall be collected on the total value of the frozen funds for each month for a period not exceeding two months
according to the following percentages:-
A - 5% if the amount is 100 dinars and does not exceed 200 dinars
B - 4% if the amount exceeds 200 dinars and does not exceed 400 dinars, provided it is not less than the maximum
limit collected according to paragraph A
C - 3% ⟦line⟧ 400 ⟦line⟧ 600 ⟦line⟧ B
D - 2% ⟦line⟧ 600 ⟦line⟧ 1000 ⟦line⟧ C
E - 1% ⟦line⟧ 1500 ⟦line⟧ provided it is not less than the minimum limit collected according to paragraph D
Second - After taking into account what was stated in the aforementioned paragraphs, if the period of realizing the excuse exceeds two months,
1% shall be collected for each month of the additional period for funds whose value does not exceed 1000 D, or 1/4% for what exceeds that.
Third - A period exceeding fifteen days shall be considered a full month for the purpose of calculating the expense ratio, and for less than fifteen
days, expenses shall be calculated for each day according to the percentages mentioned above.
Fourth - Expenses collected according to the General Secretariat Council Decision No. 1 of 1951 are considered final, considering
that they were calculated on the basis of what covers the expenses incurred by the General Secretariat for the management and preservation of frozen funds.
As for cases that have not ended and whose expenses have not been collected, the provisions of this decision shall apply to them.
Fifth - This decision shall be implemented after being endorsed by the Ministry of Interior.
Assistant Secretary General Acting Secretary General
Al-Waqai' al-Iraqiya Issue 2939 4 10-3-1951
Article Six - This regulation shall be implemented from the date of its publication in the Official Gazette.
Article Seven - The Ministers of State shall implement this regulation.
Written in Baghdad on the second day of the month of Jumada al-Thani in the year 1370 and the tenth day
of the month of March in the year 1951.
| The Regency Council |
Muhammad al-Sadr | Hussein bin Ali | Jamil al-Midfai
Mustafa al-Umari | Omar Nazmi | Nuri al-Said
Minister without Portfolio | Minister of Interior | Prime Minister
| | and Acting Minister of Foreign Affairs
Shakir al-Wadi | Muhammad Hassan Kubba | Majid Mustafa
Minister of Defense | Minister without Portfolio | Minister of Social Affairs
Hassan Sami Tatar | Abdul Wahab Mirjan | Diya Ja'far
Minister of Justice | Minister of Finance | Minister of Communications and Works
| Abdul Majid Mahmoud | Khalil Kannah
| Minister of Economics | Minister of Education
Government Press - Baghdad
⟦illegible⟧
Iraqi Consulate papers in Beirut
To the Directorate of Travel and Nationality
No. ⟦167⟧/5/5
Date 2/2/1956
Copy of the petition I submitted to the Ambassador of Iraq in Beirut
Which was sent with my application to Baghdad.
Beirut on January 31, 1956
15107
To His Excellency, the Honorable Ambassador
Greetings and respect:
With a sense of pride and honor, I submit to Your Excellency, the undersigned, Meir Eliyahu David,
born in Beirut - Lebanon in the year 1937, as shown in the birth certificate from the
local official authorities that is in your possession, as well as the Mukhtar's certificate which is in my possession in
this letter, and since then I have not left Lebanese territory for abroad, but
I was and still am pursuing my studies at the General Secondary College of the American University of Beirut
as can be deduced from the school certificates which are in my possession in this letter.
Sir, my Iraqi citizenship was previously revoked, just as it was revoked from
my father Eliyahu Ezra David, and I was at that time a minor under the age of eighteen. But now, since
the Government of the Kingdom of Iraq has affirmed the citizenship of my mother Kerjiyeh David, and since the citizenships
of my siblings have been affirmed by the generous Iraqi State, I submit this letter expressing my
intense desire and attachment to my motherland, requesting that my original Iraqi citizenship be restored to me, especially
since I have now passed the age of eighteen, and I am hopeful that you will consider this request with kindness and justice,
as is always known of your character and traits.
In closing, I hope you will be so kind, Your Excellency, as to accept my utmost appreciation
and respect for your esteemed person. May you endure.
Your devoted citizen,
Meir David
Beirut on January 31, 1956
To His Excellency, the Honorable Ambassador,
Greetings and respect;
With a feeling of pride and honor, I, the undersigned, Meir Eliyahu David, born
in Beirut, Lebanon in 1937, as shown in the birth certificate from the official local
authorities in your possession, as well as the Mukhtar's certificate in my possession in this letter, submit to your Excellency. Since
that time, I have not left Lebanese territory for abroad; rather, I was and still am pursuing my studies at
the General Secondary College of the American University of Beirut, as can be inferred from the school certificates
in my possession in this letter.
Sir, my Iraqi citizenship was previously revoked, as it was revoked from my father Eliyahu Ezra
David, and I was a minor at that time, under the age of eighteen. Now, since the government of the Kingdom of Iraq
has confirmed the citizenship of my mother, Gorgia David, and since the citizenships of my siblings have been confirmed by the generous
Iraqi state, I have come with this letter of mine expressing my strong desire and attachment to my motherland, requesting that my
original Iraqi citizenship be restored to me, especially since my age has now exceeded eighteen. I am full of hope that you will take this
request of mine with kindness and justice, as is always known from your character and qualities.
And please accept <del>accept</del> sir, Your Excellency, the acceptance of my highest appreciation and respect for your
esteemed person, and may you remain well.
For your servant citizen
Meir David
⟦Number 4/5⟧
⟦2/1/1956⟧
Loss of Iraqi Nationality
Article Thirteen
(Every Iraqi who acquires a foreign nationality by his own choice shall lose his Iraqi)
(nationality, and his new ⟦illegible⟧ nationality shall not be recognized in Iraq unless)
(the Iraqi government permits it. If he returns to Iraq, the Iraqi government has)
(the right to consider him Iraqi or to expel him from Iraq.
Amendment of Article Thirteen by the law dated the year 925
(Every Iraqi who acquires a foreign nationality in a foreign country by his own choice)
(shall be stripped of Iraqi nationality, but if he subsequently establishes for himself)
(a habitual place of residence in Iraq for a period of one year, he shall be considered Iraqi after its expiration)
(regarding his residence in Iraq.
The Bureau of Legal Codification issued on 11/24/1951 the decision
as follows:-
The Bureau considers that the fulfillment of the excuses mentioned in paragraph (1a and 2a)
of Article Three (i.e., if he was ill or in stages of study) and paragraph
a and b of Article Four of Law No. 12 of 1951 (i.e., if he left
Iraq with a passport before 1/1/1948 and was accustomed to residing in the foreign country
and has a place of business) prevents the application of paragraph (c) of Article Two of the law
(i.e., considering his citizenship revoked and freezing his assets) and consequently paragraph (b) of
Article Two itself (i.e., deducting administration expenses)
⟦line⟧
But if he traveled with a passport after 1/1/48 and returned to Iraq within the period of
two months, administration expenses shall be taken from him;
⟦line⟧
Al-Waqai' al-Iraqiya Issue No. 3779
3
18/3/1956
Decision
Presidency of the Court of Cassation of Iraq No. 5 / Special Interpretation / 1955
Issued regarding the interpretation of ambiguity in the permissibility of reconsideration
in the decision issued to revoke citizenship
The Council of Ministers decided in its session held on 3/10/1955
based on the proposal of the competent Minister to form a Special Interpretation Bureau
to interpret the ambiguity contained in the citizenship revocation laws regarding
the permissibility of reconsidering the decision issued to revoke
citizenship if it appears that the procedures on which the decision was based
ruling to revoke citizenship do not apply to the conditions decided by
the law, but were rather the result of an error occurring in the procedures
as stated in the Ministry of Interior's letter No. Q.S / 3229
dated 29/9/55. Therefore, the Special Interpretation Bureau met
on 5/3/956, composed under the chairmanship of His Excellency the President of
the Court of Cassation of Iraq, Mr. Hassan Sami al-Tatar, and the membership of
Messrs. Hassan Rida, Shihab al-Din al-Kilani, and Mahmoud Khalis,
members of the Court of Cassation of Iraq, and Mr. Murad al-Shawi, Director
General of Tribes, and Mr. Ahmed Zaki al-Mudarris, Director General of Awqaf,
and Mr. Jalal Khalid, Director General of Customs and Excise.
Upon deliberation: -
The Bureau considers that if the citizenship revocation decision does not meet
the legal conditions stipulated in the citizenship revocation laws
which must be met to take the decision, it is permissible to reconsider
it by the authority that issued it. Issued by majority.
5 / March / 1956.
Member | President
Shihab al-Din al-Kilani | Hassan Sami al-Tatar
Member | Member
Jalal Khalid | Murad al-Shawi
Member |
Ahmed Zaki al-Mudarris |
Dissenting Opinion
The decision issued by the Minister of Interior according to Article 15
of the Iraqi Nationality Law has no room for him to reconsider it;
rather, he may submit the reasons that require its annulment to the Council
of Ministers, and the Council, according to its authority under Article 34 of
the Iraqi Constitution, may reconsider it. As for the decision
issued by the Council of Ministers to revoke citizenship, it may not reconsider
it, but rather annuls it by law, as citizenship was previously restored
to Mr. Sati' al-Husri and Darwish al-Miqdadi by law, because it is not
for the one who issued a judgment to retract or annul it, but rather another
higher authority annuls it without a legal text authorizing that, so we dissent.
Member
Mahmoud Khalis
Member
Hassan Rida
Statement
Customs No. (4) for the year 1956
Instructions
To exempt passengers' luggage from import and export customs duties
Pursuant to the provisions of Article (23) of the Customs Law No. 56
of 1931 as amended, we have decided to set the following instructions to regulate
the entry and exit of passengers' luggage: -
1 - Genuine passengers' luggage is exempt from import customs
duties when it is in their possession and does not form part of
the cargo or any other shipments and is not included in
the manifest belonging to ships or vehicles.
2 - Genuine travel luggage includes clothes, garments,
and personal effects, provided that these items are not for sale
and that they are imported for the passenger's personal use or for the use of
their family members traveling with them, and it also includes tools,
machines, and instruments related to industries, crafts,
or professions practiced by the passengers when imported by them
for the purpose of establishing their business for the first time in Iraq or
for the purpose of use by them during their temporary stay in
Iraq; however, it does not include the following items for which
customs duties must be paid: -
(a) Weapons and ammunition.
(b) Alcoholic beverages when their quantity exceeds one liter
and alcoholic perfumes when their quantity exceeds
half a liter, whether in open or unopened containers.
(c) Cigarettes if their number exceeds one hundred cigarettes,
and cigars (foreign rolls) if their number exceeds
fifty cigars, and other types of tobacco if their weight exceeds a quarter of a kilogram.
(d) Cars, motorbikes, other bicycles,
vehicles, pianos, pianolas
(automatic piano), organs, and harmoniums.
Year
Thirty-Second
Issue
3455
Al-Waqai' al-Iraqiya
(The Official Gazette of the Iraqi Government) issued by the Directorate of Guidance and General Broadcasting in Iraq
Registered at the Central Post Office in Baghdad under number (4)
Annual subscription fee: Two Dinars in the capital and Two Dinars and five hundred Fils outside the capital
Price per single copy (20) Fils
⟦line⟧
Wednesday 1 September Year 1373 and 2 Muharram Year 1954
⟦line⟧
Number (16) for the year 1954
Decree
Amendment to the Appendix of the Baghdad Penal Code No. 51 of 1938
We, Faisal II, King of Iraq
After reviewing the third paragraph of the amended Article 26 of the Basic Law and based on what was presented by the Minister of Justice and approved by the Council of Ministers, we ordered the enactment of the following decree:
Article One - The following paragraph shall be added to the end of the first paragraph of Article One of Law No. 51 of 1938 and shall be considered complementary to it:-
(Whether that is directly or through bodies or organizations aiming to serve the purposes of the aforementioned doctrines under the guise of any name, such as the Partisans of Peace, Democratic Youth, and the like.)
Article Two - This decree shall be implemented from the date of its publication in the Official Gazette.
Article Three - The Ministers of State shall implement this decree, which must be presented to the Parliament at its first upcoming meeting.
Written in Baghdad on the twenty-third day of the month of Dhu al-Hijjah, year 1373, corresponding to the twenty-second day of the month of August, year 1954.
Faisal
Shakir al-Wadi | Nuri al-Said
Minister of Social Affairs | Prime Minister
and Acting Minister of Foreign Affairs | and Acting Minister of Defense
Abdul-Wahab Mirjan | Diya Jafar
Minister of Agriculture | Minister of Finance
and Acting Minister of Justice |
Khalil Kannah | Ali al-Sharqi
Minister of Education | Minister without Portfolio
and Acting Minister of Interior |
Nadim al-Pachachi | Abdul-Majid Mahmoud
Minister of Economics | Minister of Development
Salih Saib al-Jubouri | Muhammad Hassan Salman
Minister of Communications and Works | Minister of Health
Rushdi al-Chalabi | Burhan al-Din Bash Ayan
Minister without Portfolio | Minister without Portfolio
Al-Waqai' Al-Iraqiya Issue No. 3779 4 1956/3/18
and gramophones, phonographs, radios, and sound recording devices.
(e) Household supplies such as furniture, pictures, carpets, glassware, pottery, silver, as well as plated ones, and cutting tools (knives), forks, and spoons; however, the following materials may be exempted from customs import duties: -
1 - Glassware, pottery, silver, as well as plated ones, and cutting tools (knives), forks, and spoons when they are used, and the traveler can prove in a manner that satisfies an official whose rank is not less than the rank of Assistant Director of Customs and Excises that they were in his possession for a period exceeding six months.
2 - Carpets that the traveler can prove in a manner that satisfies the customs and excise official to be for his use for prayer or bedding.
3 - (a) In addition to the above, tourists shall be exempted from customs import duties on the following materials when they are used: -
Number | Materials
1 | Binoculars
1 | Photographic camera
1 | Typewriter
1 | Radio set
1 | Sound recording device
(b) For the purpose of benefiting from what is stipulated in paragraph (a) of this Article, the tourist arriving in Iraq must declare at the time of his arrival on the baggage declaration form (in two copies) that the materials listed in the aforementioned paragraph will be re-exported abroad upon his departure from Iraq, and to prove their import in the aforementioned manner, the tourist is provided with a copy of
the form referred to above, stamped and signed by the competent official.
4 - (a) Notwithstanding what is stated in paragraph (1) above, the actual travel baggage that enters within ninety days before the traveler's arrival in Iraq or after his arrival there shall be - subject to the exceptions and conditions stipulated above - exempt from customs import duty, as deemed appropriate by one of the customs officials whose rank is not less than the rank of Assistant Director of Customs and Excises.
(b) The Director of Customs and Excises may, in special cases if he deems it appropriate, extend the exemption period mentioned in paragraph (a) above to a period not exceeding 120 days.
(c) The Director General of Customs and Excises may allow the exemption of baggage that enters Iraq before the traveler's arrival or after his arrival, exceeding the period mentioned above, from customs import duty if he finds that there are compelling reasons that resulted in the excess.
5 - The competent Director of Customs and Excises may, as he deems appropriate, keep the travelers' baggage subject to duty in customs custody and then allow it to be taken out of Iraq without collecting any duty on it.
6 - Personal baggage consisting of foreign materials shall be exempted from customs export duty in the same manner and under the same conditions contained in the preceding articles regarding imported baggage.
7 - The following are hereby revoked: -
(a) Customs Declaration No. (2) of 1936.
(b) Customs Declaration No. (4) of 1937.
(c) Customs Declaration No. (3) of 1941.
(d) Customs Declaration No. (1) of 1947.
(e) Customs Declaration No. (8) of 1947.
(f) Customs Declaration No. (15) of 1954.
8 - These instructions shall be implemented as of 4-1-1956.
Jalal Khalid
Director General of Customs and Excises
Government Press - Baghdad
Iraqi Gazette Issue 3455 1/9/1954
Explanatory Grounds
for the Draft Decree Amending the Appendix to the Baghdad Penal Code
No. 51 of 1938
The competent authorities felt that necessity calls for clarifying the legislator's intent in Article
One of the Law Appending the Baghdad Penal Code No. 51 of 1938. Therefore, the government saw fit
to enact this legislation to ensure the clarification of the purposes and goals aimed at by the aforementioned law.
Provided that the decree is presented to the Parliament at its next meeting.
⟦line⟧
No. (17) of 1954
Decree
Appendix to the Iraqi Nationality Law
We, Faisal II, King of Iraq | August 1954 | Faisal
After reviewing paragraph three of the amended Article 26 | Shakir al-Wadi | Nuri al-Said
of the Basic Law and based on what was presented by the Minister of Interior | Minister of Social Affairs | Prime Minister
and approved by the Council of Ministers, we ordered the enactment of the following decree: | and Acting Minister of Foreign Affairs | and Acting Minister of Defense
Article One - The Council of Ministers may, based on a proposal from the Minister | Abdul Wahab Mirjan | Diya Ja'far
of Interior, revoke the Iraqi nationality of any Iraqi convicted | Minister of Agriculture | Minister of Finance
under the Law Appending the Baghdad Penal Code No. 51 of the year | and Acting Minister of Justice
1938. | Khalil Kanna | Ali al-Sharqi
Article Two - The Minister of Interior may arrest the person | Minister of Education | Minister without Portfolio
whose Iraqi nationality has been revoked immediately upon the issuance of the Council | and Acting Minister of Interior
of Ministers' decision and detain them until deportation is completed. | Nadim al-Pachachi | Abdul Majid Mahmoud
Article Three - This decree shall be implemented from the date of its publication in | Minister of Economics | Minister of Development
the Official Gazette. | Salih Saib al-Jubouri | Muhammad Hassan Salman
Article Four - The Ministers of State shall implement this decree | Minister of Communications and Works | Minister of Health
which must be presented to the Parliament at its next meeting. | Rushdi al-Chalabi | Burhan al-Din Bashayan
Written in Baghdad on the twenty-third day of Dhu | Minister without Portfolio | Minister without Portfolio
al-Hijjah, year 1373, corresponding to the twenty-second day of
Explanatory Grounds for the Draft Decree Appending the Iraqi Nationality Law
⟦line⟧
Communism and its branches or associated societies or organizations such as the Partisans of
Peace and Democratic Youth and the like, derive their instructions from high communist centers
outside Iraq and are committed to implementing the orders and decisions they issue, as stated in the
communist regulations that must be obeyed by its adherents.
Nationality in any state is a title of loyalty for those who possess it toward their homeland, religions, and traditions.
Al-Waqai' al-Iraqiya Issue 3455 3 1/9/1954
and its heritage, and for his dedication to preserving the independence of his country and raising its status, a matter that conflicts with
his adoption of the communist doctrine in every way.
And since Article Five of the Basic Law stipulates that "Iraqi nationality
and its provisions are determined by law," and the Law Supplementing the Baghdad Penal Code No. 51 of
1938 and its Supplement Law No. 11 of 1945 consider favoring or promoting any of the socialist doctrines
Bolshevik (Communist), anarchist, libertine, and Zionist a punishable crime. And the Law of
Iraqi Nationality No. (42) of 1924 and its amendments stipulated in its fifteenth article
that "if an Iraqi accepts civil or military service with a foreign state and refuses to leave it when requested
to do so by the Iraqi government, the Minister of Interior may decide by announcement in the Official
Gazette to drop the Iraqi nationality status from that person." And since the adoption of the doctrine
Communist requires its adherents to serve the foreign communist state, the government saw for the reasons
mentioned the development of this draft and the necessity of deciding and issuing it as a decree supplementing the Iraqi Nationality Law
to enable the competent authority to drop Iraqi nationality from those whose guilt is proven in
the courts according to the provisions of the two supplements to the Penal Code mentioned above, provided that the decree is presented to
the Parliament at its next first meeting.
⟦line⟧
Number (18) of 1954
Decree
General Trade Unions
We, Faisal II, King of Iraq
After reviewing paragraph three of the amended Article 26 of the Basic Law and based on what was presented by the Minister of Interior and approved by the Council of Ministers, we ordered the enactment of the following decree:
Article One - The Council of Ministers, based on the proposal of the Minister of Interior, may decide to close any union established according to its own law permanently or temporarily when the union follows a path that affects public security or public order or causes disturbance of peace, which indicates its departure from the foundations and principles for which it was established.
Article Two - When the union is closed according to Article One, the powers and duties entrusted to the committees in that law are transferred to the competent Minister or his deputy. Anyone who sees that the decision of the Minister or his deputy is prejudicial to his right may object to it before the Court of Cassation within fifteen days from the date of being notified of that decision. The decision of the Court of Cassation is final. The fees collected for licenses to practice the profession and their annual renewal fees shall be kept as a trust in the treasury of the competent Ministry if the closure is temporary and recorded as revenue for the Treasury if the closure is permanent.
Article Three - This decree shall be implemented from the date of its publication in the Official Gazette.
Article Four - The Ministers of State shall implement this decree, which must be presented to the Parliament at its next first meeting.
Written in Baghdad on the twenty-third day of the month of Dhu
Number
(3261)
Year
Thirty-first
The Iraqi Gazette
(The Official Gazette of the Iraqi Government) - Issued by the Directorate of General Propaganda in Iraq
Registered at the Central Post Office in Baghdad under number (4)
Annual subscription fee: Two Dinars in the capital and two Dinars and five hundred Fils outside the capital
Price per single copy (20) Fils
⟦line⟧
Monday - 12 Ramadan year 1372 and 25 May 1953
⟦line⟧
Number (13) for the year 1953
Regulation
First Amendment to the Study Leaves Regulation No. 65 of 1951
We, Faisal II, King of Iraq
After reviewing the first paragraph of Article Twenty-
Sixth of the Basic Law and based on Article Fifteen
of the Educational Service Law No. 21 of 1951 and based
on what was presented by the Minister of Education and approved by the Council of Ministers
We ordered the enactment of the following regulation: -
Article One - The phrase (College of Agriculture) is added after the College
of Arts and Sciences mentioned in paragraph (f) of Article Two
of the Study Leaves Regulation.
Article Two - This regulation shall be implemented from the date of its publication in
the Official Gazette.
Article Three - The Ministers of State shall implement this regulation.
Written in Baghdad on the third day of the month of Ramadan, year
1372 and the sixteenth day of the month of May, year 1953.
Faisal
Ali Jawdat al-Aiyubi
Deputy Prime Minister
and Acting Foreign Minister
Mohammed Ali Mahmoud
Minister of Justice
Majid Mustafa
Minister of Social Affairs
Abdul-Wahab Mirjan
Minister of Communications and Works
Khalil Kannah
Minister of Education
Nadim al-Pachachi
Minister of State
Mohammed Hassan Salman
Minister of Health
Jamil al-Midfai
Prime Minister
Nuri al-Said
Minister of Defense
Ali Mumtaz
Minister of Finance
Dhia Jafar
Minister of Economics
Ali al-Sharqi
Minister of State
Husam al-Din Jumaa
Minister of Interior
Abdul-Rahman Jawdat
Minister of Agriculture
Iraqi Gazette Issue 3455
4
1954/9/1
Al-Hijjah year 1373 corresponding to the twenty-second day of
the month of August year 1954
Khalil Kanna | Ali al-Sharqi
Minister of Education | Minister without Portfolio
and Acting Minister of Interior |
Faisal | |
Shakir al-Wadi | Nuri al-Said | Nadim al-Pachachi | Abdul Majid Mahmoud
Minister of Social Affairs | Prime Minister | Minister of Economics | Minister of Development
and Acting Minister of Foreign Affairs | and Acting Minister of Defense | |
Abdul Wahab Mirjan | Dhia Jafar | Salih Saib al-Jubouri | Muhammad Hassan Salman
Minister of Agriculture | Minister of Finance | Minister of Communications and Works | Minister of Health
and Acting Minister of Justice | | |
| Rushdi al-Chalabi | Burhanuddin Bashayan
| Minister without Portfolio | Minister without Portfolio
Explanatory Statement for the Draft Decree on Trade Unions
One of the most important purposes of establishing trade unions is to prepare legal means to raise the level of professions
and care for union members, which leads to facilitating service for them and securing legitimate rights
for their livelihood, welfare, and comfort in old age, and compensating them for any disability resulting from
performing their professions. However, it has been proven that some unions have deviated from their goals and exploited their legal
entity to promote doctrines that the law criminalizes those who favor or promote them, serving purposes
and goals unrelated to the interest of the union, to the extent that some of these unions have exploited their legal entity
to disturb public peace and breach security and public order. Therefore, for the purpose of protecting the interests of
unions and their members, the government saw fit to draft this bill and the necessity of deciding and issuing it
as a decree to be presented to the Parliament at its next first meeting.
⟦line⟧
Statement from the Minister of Interior
In line with the plan drawn up by the government and announced in the statement delivered by His Excellency the Prime Minister on the day of forming
the current ministry, the government has issued Decree No. 17 of 1954 revoking the citizenship of anyone convicted of the crime
of communism and similar crimes according to the Appendix to the Baghdad Penal Code No. 51 of 1938.
Out of concern for the benefit of those previously convicted of one of the crimes according to the mentioned Appendix, the government is willing to provide
an opportunity by granting him sufficient time to retain his citizenship and remain a good citizen if he shows his firm desire to renounce communism
and other principles that conflict with the existing system of government and the prevailing laws in the country, by reporting to the nearest police
station in the area where he resides and giving a written pledge to renounce the principle for which he was convicted, provided that this review is completed within one
month. If the person covered by this statement is residing outside Iraq, he must contact the Iraqi consulate in the place where he resides
within a period of two months from the date of this statement.
Said Qazzaz
Minister of Interior
1-9-1954
⟦line⟧
Government Press - Baghdad
Al-Waqai' al-Iraqiya Issue No. 3261
2
1953/5/25
No. (14) of 1953
Regulation
Second Amendment to the Baghdad Silo Regulation
No. 46 of 1951
We, Faisal II, King of Iraq
After reviewing the first paragraph of Article 26 of the Basic Law and based on paragraph (d) of Article 4 of the Grain Trade Regulation Committee Law No. 32 of 1939, and based on what was presented by the Minister of Economics and approved by the Council of Ministers, we ordered the enactment of the following regulation:
Article 1 - Paragraph (b) of Article 1 of the amended Baghdad Silo Regulation is repealed and replaced by the following:
b - The Committee may reduce the fees for grain to be stored or cleaned in the Baghdad Silo mentioned in paragraph (a) of the aforementioned Article 1 according to the following percentages:
Tons per year | Reduction percentage
1000 | 10%
1001 - 2000 | 15%
2001 and above | 20%
Article 2 - This regulation shall be implemented from the date of its publication in the Official Gazette.
Article 3 - The Minister of Economics shall implement this regulation.
Written in Baghdad on the third day of the month of Ramadan in the year 1372 and the sixteenth day of the month of May in the year 1953.
Faisal
Jamil al-Midfai
Prime Minister
Ali Jawdat al-Aiyubi
Deputy Prime Minister
and Acting Minister of Foreign Affairs
Muhammad Ali Mahmoud
Minister of Justice
Majid Mustafa
Minister of Social Affairs
Abdul-Wahab Mirjan
Minister of Communications and Works
Khalil Kannah
Minister of Education
Nuri al-Said
Minister of Defense
Ali Mumtaz
Minister of Finance
Dhia Jafar
Minister of Economics
Ali al-Sharqi
Minister of State
Nadim al-Pachachi
Minister of State
Muhammad Hassan Salman
Minister of Health
No. (15) of 1953
Regulation
Amendment to the Almshouses Regulation No. (47) of 1947
We, Faisal II, King of Iraq
After reviewing the first paragraph of Article 26 of the Basic Law and based on Articles (2) and (3) of the Decree for the Creation of the Ministry of Social Affairs No. 59 of 1939, and based on what was presented by the Minister of Social Affairs and approved by the Council of Ministers, we ordered the enactment of the following regulation:
Article 1 - The phrase (the Chief of Health of the Liwa) mentioned in Article 2 of the Almshouses Regulation is deleted and replaced by the phrase (the Director General of Social Services).
Article 2 - This regulation shall be implemented from the date of its publication in the Official Gazette.
Article 3 - The Minister of Social Affairs shall implement this regulation.
Written in Baghdad on the third day of the month of Ramadan in the year 1372 and the sixteenth day of the month of May in the year 1953.
Faisal
Jamil al-Midfai
Prime Minister
Ali Jawdat al-Aiyubi
Deputy Prime Minister
and Acting Minister of Foreign Affairs
Muhammad Ali Mahmoud
Minister of Justice
Majid Mustafa
Minister of Social Affairs
Abdul-Wahab Mirjan
Minister of Communications and Works
Khalil Kannah
Minister of Education
Nuri al-Said
Minister of Defense
Ali Mumtaz
Minister of Finance
Dhia Jafar
Minister of Economics
Ali al-Sharqi
Minister of State
Nadim al-Pachachi
Minister of State
Muhammad Hassan Salman
Minister of Health
Husam al-Din Jumaa
Minister of Interior
Abdul-Rahman Jawdat
Minister of Agriculture
Al-Waqai' al-Iraqiyya Issue No. 3261
3
1953/5/25
Number (16) of the year 1953
Regulation
Amendment to the Regulation for the Supervision and Administration of the Property of Jews Deprived of
Iraqi Nationality No. (3) of 1951
We, Faisal II, King of Iraq
After reviewing the first paragraph of Article 26 of the Basic Law and based on Article 3 of the Law for the Supervision and Administration of the Property of Jews Deprived of Iraqi Nationality No. (5) of 1951, and based on what was presented by the Minister of Interior and approved by the Council of Ministers, we ordered the enactment of the following regulation:
Article 1 - Article 2 of the Regulation for the Supervision and Administration of the Property of Jews Deprived of Iraqi Nationality No. 3 of 1951 is repealed and replaced by the following:
Article 2 - 1 - The Director General may sell movable and immovable property belonging to a person deprived of Iraqi nationality in the following cases:
a - To pay the rights due from him to the Treasury, government departments, water and electricity utilities, municipalities, and all other semi-official departments.
b - To pay the debts established against him by a final judgment based on a document certified by a notary public before the enforcement of Law No. (5) of 1951, or to complete mortgage and insurance transactions documented by a Tabu deed issued before the enforcement of this regulation.
c - If it is prone to collapse or if the benefit from its exploitation has ceased.
d - To pay the alimony due from him according to the provisions of paragraph (c) of Article 1.
e - To pay any expense or fee according to this regulation.
f - To divide plots located within city limits and sell them and remove common ownership if it is found that the public interest requires it.
2 - The Secretary General, with the approval of the Minister, may authorize the registration of immovable property by sale if the sale is based on a periodic power of attorney
certified by a notary public issued one year before the enforcement of the Law Supplementing the Decree on the Deprivation of Iraqi Nationality No. (1) of 1950.
Article 2 - This regulation shall be implemented from the date of its publication in the Official Gazette.
Article 3 - The Ministers of State shall implement this regulation.
Written in Baghdad on the fifth day of the month of Ramadan in the year 1372 and the eighteenth day of the month of May in the year 1953.
Faisal
Tawfiq al-Suwaidi | Ali Jawdat al-Aiyubi | Jamil al-Midfai
Minister of Foreign Affairs | Deputy Prime Minister | Prime Minister
Muhammad Ali Mahmoud | Nuri al-Said
Minister of Justice | Minister of Defense
Majid Mustafa | Ali Mumtaz
Minister of Social Affairs | Minister of Finance
Abdul Wahab Mirjan | Dhia Jafar
Minister of Communications and Works | Minister of Economy
Khalil Kannah | Ali al-Sharqi
Minister of Education | Minister of State
Nadim al-Pachachi | Hussam al-Din Jumaa
Minister of State | Minister of Interior
Muhammad Hassan Salman | Abdul Rahman Jawdah
Minister of Health | Minister of Agriculture
Statement
The two persons whose names are listed next to their numbers have claimed the value of the following two banknotes which have suffered some damage. Any other person claiming the right to these two banknotes must contact the National Bank of Iraq immediately.
Banknote Number | Denomination | Name of Applicant
091773 A | 10 Dinars | Issa Muhammad - Al-Numaniyah
849803 A | 10 Dinars | Butros Yunan - Baghdad
The Governor General
of the National Bank of Iraq
Abdul Ilah Hafidh
Government Press - Baghdad
Number
(3080)
Year
The Thirtieth
⟦Emblem of the Kingdom of Iraq⟧
Al-Waqayi' al-Iraqiya
(The Official Gazette of the Iraqi Government) - Issued by the Directorate of General Propaganda in Iraq
Registered at the Central Post Office in Baghdad under number (4)
Annual subscription fee: Two Dinars in the capital and Two Dinars and five hundred Fils outside the capital
Price per single copy (25) Fils
Monday - 5 Rajab Year 1371 and 31 March Year 1952
Decision
Special Interpretation Bureau No. (1) of 1952 for the interpretation of
certain articles of the Law Supplementing the Law for the Supervision and Administration of the Property
of Jews whose Iraqi Citizenship has been Revoked
No. (5-51) No. (12) of (1951)
The Council of Ministers decided in its twenty-eighth session held on 28-2-1952 to form the Special Interpretation Bureau under the chairmanship of His Excellency Mr. Hassan Sami al-Tatar, President of the Court of Cassation, and the membership of Messrs. Abdul Jabbar al-Tikriti, Fakhri al-Tabaqchali, and Mustafa al-Ankarli, members of the Court of Cassation, and Abdul Rahman Jouda, Director General of Interior, and Musa Shaker, Director General of Awqaf, and Ahmed al-Saadi, Director General of Finance, for the purpose of interpreting certain articles of the Law Supplementing the Law for the Supervision and Administration of the Property of those whose Iraqi Citizenship has been Revoked No. 5/51 No. (12 of 1951), specifically regarding the inclusion or non-inclusion of persons to whom the provisions of the Freezing Law, its supplement, and its regulations apply, in the administrative fees and expenses as detailed in the Secretary General's report from the aspects shown below: -
Article 1 of Law No. 12 of 1951 stipulated that from the date of enforcement of the said law, the property of Iraqi Jews who left Iraq with a passport as of the
first day of the year 1948 shall be frozen, and the provisions of Law No. 5 of 1951 and the regulations issued or to be issued thereunder shall apply to them. Article 2, paragraph (a) thereof stated: Every Iraqi Jew covered by Article 1 must return to Iraq within two months from the date of the statement issued according to paragraph (b) of this article. Paragraph (c) of the same article stipulated: Anyone to whom the provisions of the previous paragraph apply and who does not return to Iraq within the period specified in the statement shall be considered as having left Iraq permanently, and his Iraqi citizenship shall be revoked as of the date of the end of that period. The provisions of Law No. 5 of 1951 and the regulations issued or to be issued thereunder shall apply to him. Paragraph (d) of the same article stated: If he returns to Iraq before the end of the period, his frozen property shall be returned to him after deducting the administrative expenses determined by the Secretary General and what was spent
to implement the purposes of the law. Article 3, paragraph (a) stipulated that there shall be excluded from the provisions of paragraph (c) of Article 2 anyone who proves during the period authorized therein that his stay outside Iraq is based
3/31/1952
2
Al-Waqai' Al-Iraqiya Issue No. 3080
to one of the following two excuses:-
1 - Illness.
2 - Study.
Paragraph (c) of this article has obligated the excused person, if their
excuse ceases, to return to Iraq within one month from the date of its cessation,
otherwise they are considered to have left Iraq permanently, their Iraqi citizenship
is dropped, and the provisions of Law No. 5 of 1951 shall apply to them.
Article 4 thereof (Paragraph - a) stipulated the application of the
provisions of the original law and the regulations issued or to be issued
pursuant to it, and the provisions of this law, to every Iraqi Jew who
left Iraq with a passport before the first day of January
1948, and their assets shall be frozen in the following cases:-
1 - If they had not become accustomed to residing in a foreign country, or had become accustomed to it
and the government saw that there was a reason for their return to Iraq.
b - If the Secretary-General is not convinced that they have an established commercial center
in a foreign country before the mentioned date and have a branch in
Iraq engaged in commercial transactions, or vice versa, or if they
had that and the government saw that there was a reason for their return
to Iraq.
It was stated in Paragraph (2) of this Article 4:
The provisions of Article 2 of this supplement shall be observed for the purpose of applying
the provisions of this article.
The General Secretariat believes that its collection of administrative expenses
is justified by the provisions contained in the law, as Article
3 of Law No. (12 of 1951) exempted from the provisions of
Paragraph (c) of Article 2 those who prove during the authorized period
that their stay outside Iraq is based on the excuse of illness or
study, because the legislator, finding in the case of the patient
and the student what necessitates allowing them to stay, exempted them from returning
to Iraq within the legal period; this does not mean exempting them from
paying administrative expenses at a time when the Secretariat remained
responsible for their assets since the issuance of the law and the seizure pursuant to it
until the submission of the application supported by their retention of Iraqi citizenship.
As for those who base their stay outside Iraq on the excuse of habitual
residence in the place where they reside, or being the owner of a commercial
establishment founded outside Iraq with a branch in Iraq, or
vice versa. It appears from the provisions of Article 4 that it permitted,
in its first paragraph, the stay of those covered by the law outside Iraq if
one of these conditions is met, and that it stipulated in its second paragraph
the observance of Paragraph (d) of Article 2 when applying the provisions of
this article. From examining the provisions of the mentioned Paragraph (d), it appears
that it discusses the collection of administrative expenses and the expenses
spent by the Secretary-General for the purpose of implementing the law from the frozen assets
belonging to the covered person, which is explicitly understood to mean that the
legislator considered the assets of those covered by Article 4 thereof frozen
and subject to the conditions for collecting administrative expenses when the seizure
is lifted.
On March 19, 1952, the Special Interpretation Bureau met, consisting of the individuals mentioned above, at the Bureau of the Court of
Cassation and issued its following decision:-
Article 3 of Law No. 12 of 1951
exempted the Iraqi Jew who traveled since the first day of
1948 from the provisions of Paragraph - c - of Article 2 if
they prove one of the two excuses mentioned therein; thus, the assets of this
Jew remain frozen and administrative expenses are collected on them until
the date the excuse is proven. In the event the excuse ceases and they do not return
to Iraq within the specified period, they shall be treated according to Paragraph (c) of
Article 3, their Iraqi citizenship shall be dropped, and the
provisions of Law No. (5 of 1951) shall apply to them.
As for freezing pursuant to Article 4, it is only valid in the case of
not being accustomed to residing in the foreign country, or being accustomed to it but the
government saw a reason for the return to Iraq. Likewise, in
the case of the absence of an established commercial center in the foreign country
before the mentioned date, etc. In these cases, the assets of the
Jew are frozen and the provisions of Article 2 of the law apply to them,
by virtue of the second paragraph of the mentioned Article 4.
However, if one of the mentioned cases is not realized, then freezing is not
valid, and if freezing occurred, it should be lifted without collecting
any administrative expenses from it due to the absence of what necessitates it legally.
The decision was issued by consensus on March 19, 1952.
President
Hassan Sami al-Tatar
Members
Abdul Jabbar al-Takarli
Fakhri al-Tabaqchali
Mustafa al-Ankarli
Abdul Rahman Joudeh
Musa Shaker
Ahmed al-Saadi
Government Press - Baghdad
Number
(3080)
Year
Thirty
The Iraqi Gazette
(The Official Gazette of the Iraqi Government) - Issued by the General Directorate of Propaganda in Iraq
Registered at the Central Post Office in Baghdad under number (4)
Annual subscription fee: Two Dinars in the capital and Two Dinars and five hundred Fils outside the capital
Price per single copy (20) Fils
Monday - 5 Rajab Year 1371 and 31 March Year 1952
Decision
Special Interpretation Bureau No. (1) of 1952 for the interpretation
of some articles of the Law Supplementing the Law for the Supervision and Administration of the Property
of Jews whose Iraqi Citizenship has been Revoked
No. (5-51) No. (12 of 1951)
The Council of Ministers decided in its twenty-eighth session held on 28-2-1952 to form the Special Interpretation Bureau under the chairmanship of His Excellency Mr. Hassan Sami al-Tatar, President of the Court of Cassation, and the membership of Messrs. Abdul Jabbar al-Takarli, Fakhri al-Tabaqchali, and Mustafa al-Ankarli, members of the Court of Cassation, and Abdul Rahman Joudeh, Director General of the Interior, and Musa Shaker, Director General of Awqaf, and Ahmed al-Saadi, Director General of Finance, for the purpose of interpreting some articles of the Law Supplementing the Law for the Supervision and Administration of the Property of Jews whose Iraqi Citizenship has been Revoked No. 5/51 No. (12 of 1951), specifically regarding the inclusion or non-inclusion of persons to whom the provisions of the Freezing Law, its supplement, and its regulations apply, in the administrative fees and expenses as detailed in the Secretary General's report from the aspects shown below:-
Article 1 of Law No. 12 of 1951 stipulated that from the date of the enforcement of the said law, the property of Iraqi Jews who left Iraq with a passport as of the first day
of the year 1948 shall be frozen, and the provisions of Law No. 5 of 1951 and the regulations issued or to be issued thereunder shall apply to them. Article 2, paragraph (a) thereof stated: Every Iraqi Jew covered by Article 1 must return to Iraq within two months from the date of the statement issued according to paragraph (b) of this article. Paragraph (c) of the same article stipulated: Everyone to whom the provisions of the previous paragraph apply and who does not return to Iraq within the period specified in the statement shall be considered as having left Iraq permanently, and his Iraqi citizenship shall be revoked as of the date of the expiration of that period. The provisions of Law No. 5 of 1951 and the regulations issued or to be issued thereunder shall apply to him. Paragraph (d) of the same article stated: If he returns to Iraq before the end of the period, his frozen property shall be returned to him after deducting the administration expenses decided by the Secretary General and what he spent to implement the purposes of the law. Article 3, paragraph (a) stipulated that there shall be exempted from the provisions of paragraph (c) of Article 2 anyone who proves during the period authorized therein that his stay outside Iraq is based
Number
(3018)
Year
Twenty-ninth
Al-Waqai' al-Iraqiya
(The Official Gazette of the Iraqi Government) - Issued by the Directorate of General Propaganda in Iraq
Annual subscription fee: Two Dinars in the capital and two Dinars and five hundred Fils outside the capital
Registered at the Central Post Office in Baghdad under number (4)
Price per single copy (20) Fils
Monday - 16 Dhu al-Hijjah year 1370 and 17 September year 1951
⟦line⟧
Instructions of the General Secretariat
for the Supervision and Administration of the Property of Jews Deprived of Iraqi Nationality
Issued based on Article Eight of the Regulation for the Disposal
of Frozen Property No. 11 of 1951 and its amendment
by Regulation No. (4) of 1951 approved
by the Ministry of Interior
⟦line⟧
Article One - The following expressions shall have the meanings set forth
against them:-
The Minister - The Minister of Interior.
The Secretary General - The Secretary General for the Administration and Supervision of
Frozen Jewish Property.
The Committee - The body formed for the purposes of these instructions.
Additional Committees - The committees appointed to assist the Committee
in estimating rental values only.
Property - Immovable property frozen according to the Law for the
Supervision and Administration of the Property of Jews Deprived of Iraqi Nationality
No. (5) of 1951 and its supplement No. 12 of 1951 and the regulations
issued thereunder.
The Employee - Every employee in official departments whose salary does not exceed
30/- Dinars and who does not own a house for residence.
Official Department - Ministries, departments, and official institutions
affiliated with them or under their administration.
Article Two - Property is classified into three categories - first
- second - third according to the coordination decided by the Committee.
Article Three - A - The Secretary General shall appoint a committee in Baghdad
headed by one of the trustees, consisting of a member he chooses from among the members of
the Provincial Administrative Council and another member he chooses from among those with expertise
from the landowners to classify the properties as mentioned in the
previous article to estimate their rental value and conduct auctions and the initial
referral as stipulated in these instructions.
B - In the provincial centers, the committee shall be composed of the Property Officer
as chairman, and in his absence, the Director of Revenues and