تصفية المشروع الاستثماري : دراسة قانونية في ضوء قانون الاستثمار العراقي رقم 13 لسنة 2006 المعدل

الملخص EN

Despite the legislation of Industrial Investment Law No.

20 of 1998, Investment experience still remains new in Iraq because the Iraqi Investment Law No.

13 was only enacted in 2006 and amended in 2010 and 2015, and Regulation No.

2 of 2009 amended by Regulation No.

6 of 2014 was issued explaining some of the provisions of the Investment Law.

And investment Commissions in Governorates were established in 2008 and the first investment contracts concluded in 2010 after the issuance of regulation for selling and renting real estates and state lands No.

7 of 2010 canceled by Regulation No.

6 of 2017 and Iraq ratified in 2013 the Washington Agreement to settle investment disputes for the year 1965.

The investment law included a mechanism for obtaining investment licenses, guarantees, privileges, tax and customs exemptions and banking facilities as means of encouraging investment and arranging penalties for breaching its provisions represented by delaying fines, withdrawal of the investment license and compensation for damages caused to others and to end the relationship of investor whose license is withdrawn with the project and the investment commission, the investment project must be liquidated with compensation to investor for the executed works, and the fact that the liquidation of the project is one of the effects of the withdrawal of the investment license.

The liquidation is mentioned once in the law and this requires clarification of the liquidation provisions by stating the cases of liquidation in law and regulation.

The liquidation produces legal effects affecting the parties of the investment relationship represented by the investor and others (such as the Investment Commission and landowner, consulting, sectoral, funding, executing parties… etc.).

The liquidation mentioned in the investment law is the judicial liquidation through court decisions or the decisions of commercial arbitration centers, in order to distinguish it from administrative liquidation when the Commission issues administrative decisions or through a consensual agreement whereby the investor -whose investment license is withdrawn- concedes project assets to the new investor in exchange for appropriate compensation, and each of them has advantages and disadvantages and studying it make it easier for the investor to choose the easiest in terms of speed and ease of procedures.