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projects that belongs to the State or public ‫ وھﺬا ﻣﺎﻧﺼﺖ ﻋﻠﯿﮫ‬.‫وﺗﻐﯿﯿﺮ ﻧﻮﻋﻲ ﺟﺎء ﺑﮫ اﻟﺘﻌﺪﯾﻞ اﻟﺠﺪﯾﺪ‬
sector. This means that the new amendment :‫أ ﻣﻦ ﻧﺺ اﻟﻤﺎدة اﻟﺠﺪﯾﺪة ﺑﻘﻮﻟﮭﺎ‬/‫ﺛﺎﻧﯿﺎ‬/10 ‫اﻟﻤﺎدة‬
has broadened the scope of sectors in which
Iraqi and foreign investors are allowed ‫ “ﯾﺠﻮز ﺗﻤﻠﯿﻚ اﻟﻤﺴﺘﺜﻤﺮ اﻟﻌﺮاﻗﻲ او اﻷﺟﻨﺒﻲ اﻷراﺿﻲ‬.1
ownership: while previously restricted to ‫اﻟﻤﺨﺼﺼﺔ ﻟﻠﻤﺸﺎرﯾﻊ اﻟﺴﻜﻨﯿﺔ واﻟﻌﺎﺋﺪة ﻟﻠﺪوﻟﺔ واﻟﻘﻄﺎع‬
housing projects, they now also include ‫ وﻟﻠﻤﺴﺘﺜﻤﺮ اﻟﻌﺮاﻗﻲ او اﻷﺟﻨﺒﻲ ﺷﺮاء اﻷرض‬،‫اﻟﻌﺎم‬
industrial projects. This is a major ‫اﻟﻌﺎﺋﺪة ﻟﻠﻘﻄﺎع اﻟﺨﺎص او اﻟﻤﺨﺘﻠﻂ ﻹﻗﺎﻣﺔ ﻣﺸﺎرﯾﻊ‬
development and significant change brought ‫اﻹﺳﻜﺎن ﺣﺼﺮا ﺑﺸﺮط ﻋﺪم ﺗﻌﺎرﺿﮭﺎ ﻣﻊ اﺳﺘﻌﻤﺎﻻت‬
about in the new amendment, as provided
for in Article 10/Second/A of the new ‫اﻟﺘﺼﻤﯿﻢ اﻟـﺴﺎﺳﻲ‬
article, which states:
‫ﯾﺠﻮز ﺗﻤﻠﯿﻚ اﻟﻤﺴﺘﺜﻤﺮ اﻟﻌﺮاﻗﻲ او اﻷﺟﻨﺒﻲ اﻷراﺿﻲ‬. .2
“1. Iraqi or foreign investors are allowed to ‫اﻟﻤﺨﺼﺼﺔ ﻟﻠﻤﺸﺎرﯾﻊ اﻟﺼﻨﺎﻋﯿﺔ واﻟﻌﺎﺋﺪة ﻟﻠﺪوﻟﺔ‬
become owners of land allotted for housing ‫ وﻟﻠﻤﺴﺘﺜﻤﺮ اﻟﻌﺮاﻗﻲ أو اﻷﺟﻨﺒﻲ ﺷﺮاء‬.‫واﻟﻘﻄﺎع اﻟﻌﺎم‬
projects that belongs to the State or public ‫اﻷرض اﻟﻌﺎﺋﺪة ﻟﻠﻘﻄﺎع اﻟﺨﺎص او اﻟﻤﺨﺘﻠﻂ وﻓﻖ ﻧﻈﺎم‬
sector. Iraqi or foreign investors are also
allowed to purchase land belonging to the ”.(‫ﺗﺼﺪره اﻟﮭﯿﺌﺔ‬
private or mixed sectors to build housing
projects exclusively, on condition that does ‫ اﻟﺠﺪﯾﺪة ﻗﺪ ﻣﻨﺤﺖ‬10 ‫ ﻛﻤﺎ ان اﻟﻤﺎدة‬:‫ﺧﺎﻣﺴﺎ‬
not conflict with uses prescribed in the basic ‫اﻟﻤﻄﻮر اﻣﺘﯿﺎزات اﺿﺎﻓﯿﺔ ﻓﻲ ھﺬا اﻟﻨﻮع ﻣﻦ‬/‫اﻟﻤﺴﺘﺜﻤﺮ‬
schematic design. ‫ ﻓﺒﺎﻻﺿﺎﻓﺔ اﻟﻰ ﺣﻖ اﻟﻤﺴﺘﺜﻤﺮ او اﻟﻤﻄﻮر ﻓﻲ‬،‫اﻟﻤﺸﺎرﯾﻊ‬
‫اﻟﺤﺼﻮل ﻋﻠﻰ اﻻرض ﻓﻘﺪ اﺻﺒﺢ ﺑﺎﻣﻜﺎن اﻟﻤﺴﺘﺜﻤﺮ او‬
2. Iraqi or foreign investors are allowed to ‫اﻟﻤﻄﻮر ﻧﻘﻞ ﻣﻠﻜﯿﺔ ﺟﺰء ﻣﻦ اﻟﻤﺸﺮوع اﻻﺳﺘﺜﻤﺎر اﻟﻰ‬
become owners of land allotted for ‫ﻣﻄﻮر ﺛﺎﻧﻮي ﻟﻐﺮض اﻛﻤﺎل اﻟﻤﺸﺮوع ﺷﺮﯾﻄﺔ ان‬/‫ﻣﺴﺘﺜﻤﺮ‬
industrial projects that belongs to the State ‫ ﻣﻦ‬%40 ‫ﯾﻜﻮن اﻟﻤﺴﺘﺜﻤﺮ او اﻟﻤﻄﻮر اﻻﺻﻠﻲ ﻗﺪ اﻛﻤﻞ‬
or public sector. Iraqi or foreign investors ‫ح ﻣﻦ ھﺬه اﻟﻤﺎدة‬،‫ ز‬/‫اﻟﻤﺸﺮوع وھﺬا ﻣﺎﺟﺎء ﺑﮫ اﻟﺒﻨﺪ ﺛﺎﻧﯿﺎ‬
are also allowed to purchase land belonging
to the private or mixed sectors in :‫ﺣﯿﺚ ﺟﺎء ﻓﯿﮭﻤﺎ‬
accordance with regulations issued by the
NIC.” ‫ ﻟﻠﻤﻄﻮر ﻧﻘﻞ ﻣﻠﻜﯿﺔ ﺟﺰء ﻣﻦ اﻟﻤﺸﺮوع اﻻﺳﺘﺜﻤﺎري‬.‫“ز‬
‫ ﻣﻦ اﻟﻤﺸﺮوع اﻟﻰ اﻟﻤﻄﻮر‬%40 ‫ﺑﻌﺪ اﻧﺠﺎزه ﻧﺴﺒﺔ‬
Fifth: The new Article 10 also grants further ‫ وﻻﯾﺠﻮز‬، ‫اﻟﺜﺎﻧﻮي وﺑﻤﻮاﻓﻘﺔ اﻟﮭﯿﺌﺔ ﻣﺎﻧﺤﺔ اﻷﺟﺎزة‬
concessions to investors/developers in these
types of projects. In addition to the right to
acquire land for investors or developers, the
latter can now transfer ownership of part of
the investment project to a secondary
investor/developer in order to complete the
project, on condition that the investor or
developer has already completed 40% of the
project. The above appears in Item Two/E, F
of this article, which states:

“E. Developers are allowed to transfer
ownership of part of an investment
project—after having completed 40% of

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