The Republic of Iraq 

The Republic of Iraq The Donors Conference Our vision :   Good planning for sustainable development. Message :   Activating and coordinating efforts, developing of policies, plans and programs of development in all sectors of economic and social activities, so as to ensure optimal investment of human and material resources, energies and capabilities and improve the quality of government performance and strengthening the partnership in the public and private sectors, recruitment efforts to reach a sustainable comprehensive development.

The Republic of Iraq The Donors Conference The government contracts: Regulation Control Providing technical and legal advice Training and developing capacities

Contracts Type In Iraq Partnership contracts Investment contracts Governmental contracts Partnership contracts Investment contracts loans grants Legal framework instructions of Governmental Contracts implementations and its annexed regulations , standard documents of tenders Legal framework Budget act, corporate law amendment No.(21/1997) of (2004) , guide and instructions of partnership contracts implementation Legal framework Amended investment act No.(13) of (2006) Legal framework Budget act and its instruction of execution, mechanism of funded projects inclusion by loans/ the cabinet Legal framework Budget act and its instruction of execution mechanism of funded projects inclusion by grants / the cabinet Institutional framework Ministry of planning (technical body), contracts structure of the contractors Institutional framework (foundation) ministry of planning , involvement in the contractors Institutional framework National Investment Commission Institutional framework The ministry of planning , the ministry of finance, beneficiaries of the loans Institutional framework The ministry of planning , the ministry of finance, beneficiaries of the grants Funding The general budget of the state Funding The state and private sector Funding Private sector Funding Lender/included in the general budget Funding Donor / included in the general budget

The Republic of Iraq The Donors Conference The partnership contracts  The projects which are implemented jointly funded by the government and the private sector

justifications for resorting to the implementation of projects in a partnership between the public and private sectors Economic Justifications Reducing budget deficit Improving rate of economic growth Increasing economic efficiency level Social justifications Improving the structure of income distributions Reducing bribery and favoritism Political justification Strengthening the state and supporting its political power and promoting its diplomatic growth Supporting state position in international relations the world finds it self in.

The Republic of Iraq The Donors Conference Governmental procedures: The inclusion of an article in the law of the Federal Budget: (Expansion in opening the door for private investment and participation with the private sector by the ministries and bodies not attached to a Ministry and the governorates the limits of their competence for this purpose constitute the supreme committee of the council of ministers for the purpose of enabling them to make recommendations to the council of ministers for the purpose of issuing instructions).

The Republic of Iraq The Donors Conference On 17 Nov 2015, Iraq acceded to the convention of the International Center for Settlement of Investment Disputes between states and nationals of other states (ICSID) of 1965.

The Republic of Iraq The Donors Conference Preparation of studies of Iraq's accession to the New York Convention of 1958,which took its way to approve the purpose of creating the requirements signed the convention

The Republic of Iraq The Donors Conference The Ministry issued a guidance document to implement ( partnership projects ) based on a Council of Ministers resolution No.(96) of  2016. Guidance document of the implementation of the Cabinet resolution No.(96) of 2016

The Republic of Iraq The Donors Conference The Iraqi government, in cooperation with the USAID had prepared a draft guide on contracts for the Partnership. The partnership contracts guide

The Republic of Iraq The Donors Conference The components of the partnership Guide The concepts of partnership contracts Types of partnership contracts Study and design of projects partnership contracts Contracting Procedures    mechanism of the partnership contract Controling, following up, and evaluation of the partnership contracts 

The Republic of Iraq The Donors Conference The objectives of the guide Adopt clear work procedures Consolidating of mechanism and standards Clarification of the grounds for the control of the management and implementation of Clarify the rights and obligations

Instructions for the preparation of the conclusion and implementation of contracts for projects partnership between the public and private sectors: Definitions objectives  and validity Types of Decades of partnership projects  Requirements Before The preparation of the The documents of the partnership project Contract Procedures    The preparation of the The company contracts  The control and follow-up of the implementation of the partnership contracts  Settlement of Disputes  Legal implications caused by a breach prohibition of contracting  General provisions  

The Republic of Iraq The Donors Conference Thank you very much