Voices from the Archive

IJA 2778

Iraqi Citizenship Laws and Court Cases; Correspondence from the President of the Baghdadi Jewish Community

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Description

These documents pertain to Iraqi citizenship laws and court cases regarding the implementation of those laws. There are printed copies of Al-Waqā’i‘ Al-‘Irāqiyah, the official government newspaper for publishing legislation, containing Law 5/1951 on monitoring and managing the assets of Jews who have abrogated their Iraqi citizenship; Law 12/1951, appendix to 5/1951; Law 64/1967, amendment to the appendix of 12/1951; Law 125/1967, amending the end of 12/1951; Law 1/1964, amending the instructions to 1/1963 on Iraqi Jews traveling outside of Iraq; Law 161/1963, amending the fourth regulation of 12/1951; Law 54/1962, amending 12/1951; Law 14/1963, cancelling 11/1960; Law 11/1960, amending 12/1951; and Law 1/1950, amending 62/1933. There are also court cases and correspondence from the President of the Baghdadi Jewish Community discussing loyalty of the Iraqi Jews.

Metadata

Archive Reference
IJA 2778
Item Number
16225
Date
Approx. January 1, 1941 to December 31, 1950
Languages
Arabic
Keywords
Legal Document, Ministry of Justice, File Folder, Typed, Citizenship Laws, Iraqi Government, Baghdadi Jewish Community, Sun Crest, Newspapers, Al-Waqā’i‘ Al-‘Irāqiyah, Head of the Court of Cassation (Supreme Court) – Iraq, Legal, Hakham Sassoon Khedouri, Ink Stamps, First Court of Baghdad, Court of Personal Property, President of the Jewish Community, Ministry of Health, Correspondence, Eagle Crest, Annotation, Handwritten, Revenue Stamps

AI en Translation, Pages 51-75

Page 51

Iraqi Gazette Issue 2938          3          10-3-1951
Article Eight - This law shall be effective from the date of its publication in the Official Gazette.
Article Nine - The Ministers of State are to implement this law.
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.
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 Economy | Minister of Education |
Government Press - Baghdad

Iraqi Gazette No. 2938          2          10-3-1951
Assets - Includes immovable assets belonging to the person whose nationality has been revoked.
Or those in their possession by way of insurance, lease, mortgage, or any other method.
And the price of their sale, their mortgage consideration, insurance, rent, growth, and the rights associated with them.
As well as trusts, debts, cash, currencies, shares, bills of lading, transfers,
convertible bonds, and any real or personal right belonging to them.
Article Two - A. The assets of persons whose Iraqi nationality has been revoked shall be frozen, and it is not permissible
to dispose of them in any type of disposal as of the date this law comes into effect. Disposal of them
shall be carried out according to its provisions and the regulations issued pursuant to it.
B - A General Secretariat Department for Monitoring and Administering the Assets of Persons with Revoked Nationality shall be established,
headed by the Secretary-General according to a staff determined by the Council of Ministers. The salaries of the employees
of this department and the expenses required to be spent according to this law and the regulations
issued pursuant to it shall be from the funds at the disposal of the Secretary-General.
Article Three - Regulations shall be issued for the purpose of implementing this law in the following matters:
A - The powers and authorities of the Secretary-General, and how to manage, preserve, and dispose of the assets,
freezing them, and liquidating them.
B - The duties imposed on natural and legal persons, stakeholders, government departments,
semi-official entities, and employees regarding how to dispose of assets belonging to persons
whose nationality has been revoked.
Article Four - Transactions and contracts conducted by the Secretary-General and the decisions
issued by him under this law and the regulations issued pursuant to it shall be valid.
Article Five - A - Any person who violates the provisions of this law and the regulations issued
pursuant to it, or the orders and instructions issued pursuant to them, shall be punished by imprisonment for a term not exceeding two years,
or by a fine not exceeding four thousand dinars, or both.
B - The penalties set forth in this law do not prevent requesting the resulting compensation from the
damages caused by the violations from the violator. The Secretary-General or his deputy may file
a lawsuit and request compensation from the person responsible, whether alongside the criminal case or in the
competent court independently.
Article Six - After this law comes into effect, actions of any person - except the Secretary-
General - regarding assets belonging to a person whose nationality has been revoked shall not be recognized, and every such
disposal shall be void.
Article Seven - Any stakeholder who finds in the decisions of the Secretary-General something that affects their rights may
appeal his decision to the Minister within one month from the date the decision was issued. The decision issued
by the Minister shall be considered final.

Page 53

No. (1) of 1950
Law
Supplement to the Denaturalization Decree No. (62) of 1933
With the approval of the Senate and the Chamber of Deputies, we ordered the enactment of the following law:-
Article 1 - The Council of Ministers may decide to revoke the Iraqi citizenship of any Iraqi Jew who
voluntarily chooses to leave Iraq permanently after signing a special form before the official appointed by the Minister of
Interior.
Article 2 - Any Iraqi Jew who leaves Iraq or attempts to leave it illegally
shall have their Iraqi citizenship revoked by a decision of the Council of Ministers.
Article 3 - Any Iraqi Jew who has previously left Iraq illegally shall be considered as having
left Iraq permanently if they do not return within a period of two months from the effective date of this law, and their citizenship
shall be revoked from the date this period expires.
Article 4 - The Minister of Interior shall order the deportation of anyone whose Iraqi citizenship has been revoked
under Articles 1 and 2, unless he is convinced based on sufficient reasons that their temporary stay in Iraq is
required by judicial or legal necessity, or to protect the rights of others that are officially documented.
Article 5 - This law shall remain in effect for one year from its effective date, and its provisions may be terminated
at any time during this period by a Royal Decree published in the Official Gazette.
Article 6 - This law shall be effective from the date of its publication in the Official Gazette.
Article 7 - The Minister of Interior shall implement this law.
Written in Baghdad on the fifteenth day of the month of Jumada al-Awwal in the year 1369 and the fourth day of the month
of March in the year 1950.
Abdul Ilah             Prime Minister             Minister of Interior
Published in the Official Gazette Issue No. 2816 on 9 / 3 / 1950
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