DRAFT FEDERAL BUDGET LAW

Transcription

1 DRAFT FEDERAL BUDGET LAW Behalf of the people The Presidency of Republic Resolution No. ( ) As approved by the House of Representatives and in accordance with the provisions of paragraph (First) of Article (61) of the Constitution The President of the Republic decided on / /2010 the issuance of the following law: No. ( ) for the year / 2011 General Federal Budget Law of the Republic of Iraq for the fiscal year / 2011 ((Chapter I)) Revenue Article 1 (First): A - Estimated revenues of the federal budget for the fiscal year / 2011 Amount of thousand dinars (eight and seventy thousand Seven hundred and five billion two hundred and thirty-seven million five hundred thousand dinars), as shown in (Table / according to a revenue accounts attached to this law. B - Calculation of income resulting from export of crude oil based on the average price of 73 dollars per barrel and the

2 rate of export of (2.25 million) barrels per day (two million two hundred and fifty thousand barrels per day) of (150000) barrels per day (one hundred and fifty thousand barrels per day) for revenue resulting from the export of crude oil through the territory of Kurdistan and to commit the province to transfer revenues from that to fund of reconstruction of Iraq DFI after deducting a percentage of (5%) of compensation for the Kuwait war, or any percentage determined by the Security Council and paid to the United Nations and at the non-payment will be deducted amounts of the region's share of 17%. Second: Ministries and non-associated departments to be committed to register all amounts of cash grants that obtained under agreements with governments or foreign institutions' revenues "ultimate" to the public treasury and the Federal Ministry of Finance re-allocated for the purposes given for it and in coordination with the Federal Ministry of Planning. Third: All amounts of cash contributions received by the ministries and non-associated departments with the Ministry and governorates not organized into a region after its acceptance by the Cabinet if it is from foreign sources and from the Federal Minister of Finance whether the sources of national revenue "ultimate" for the treasury of the federal public, the Federal Minister of Finance to allocate of funds to the ministry or organization that is not related to the Ministry in accordance with the purposes for which given. Fourth: Restrict all grants and contributions in-kind received by the ministries and non-associated departments with the Ministry and governorates after the approval of the Cabinet if it is from foreign sources and of the Federal Minister of Finance if it is from national sources in the records of the ministry or organization that is not related to the Ministry or province to take over the use and for the purposes which they were given. Fifth: To obtain approval from the Federal Minister of Finance to accept grants or donations from governments and foreign institutions to the ministries and departments, non-associated with the Ministry in the form of technical assistance and preparation of

3 studies or designs and others that are under speculative costs in the records of the ministry or organization is not related to the Ministry or conservative relationship. ((Chapter II)) Expenditure and Deficit Article 2 (First) - Expenditure: The sum of dinars (ninety-two thousand nine hundred and eighty billion, five hundred and eighty-two million nine hundred and seventy thousand dinars) for the expenses of the financial year / 2011 distributed according to (Table / 3 of total expenditure) (Table / b expenditure by ministries) attached to this law. A sum of dinars (Twenty-eight thousand nine hundred and fifty-seven billion, nine hundred and fifty-seven million and four thousand dinars) Expenditures for investment projects distributed according to (Table / 2 expenditure of investment projects) of the (Table / b expenditure by ministries) attached to this law. The amount of dinars (Four thousand and twenty-two billion, six hundred and twenty five million, one hundred and sixtysix thousand dinars) for current expenditures in the following manner: Defense and security spending dinars (thirteen thousand five hundred and twenty billion, six hundred and forty-five million two hundred and twenty-two thousand dinars) Compensation expenses and debt dinars (six thousand four hundred and eighty-four billion one hundred and fifty-two million and three hundred and fifteen thousand dinars)

4 A - Support the expenses of the social strata dinars (twelve thousand five hundred and sixty-two billion two hundred and fifty-eight million seven hundred and twenty thousand dinars) B - Support the expenses of public companies and self-funded entities, dinars (two thousand four hundred and eighty-five billion six hundred and sixty-nine million three hundred and seventy-four thousand dinars) Sector expenditure: 1 - Agricultural, dinars (four hundred and ninety-three billion, eight hundred and Sixty-one million and ninety six thousand dinars). 2 - Industrial and Energy, dinars (three thousand, six hundred and forty-two billion two hundred and eighty seven million, eight hundred and thirty-six thousand dinars). 3 - Transport and Communications, dinars (two hundred and thirty-four billion two hundred and sixty three million and fifty-five thousand dinars). 4 - Construction, housing and services, dinars (Two thousand one hundred and eleven billion, three hundred and twenty-three million nine hundred and seven thousand dinars). 5 - Education, dinars (seven thousand eight hundred and seventy-nine billion and seventy-five million one hundred and eighty thousand dinars). Expenses of ministries and other public administrations dinars (fourteen thousand, six hundred and nine billion and eighty-eight million four hundred and sixty-one thousand dinars). According to details provided in accordance with (Table 1 / operating expenses) of the (Table / b expenditure by ministries) attached to this law.

5 C - The sum of dinars (two hundred and fifty billion dinars) in the contingency reserve funds to offset other expenses and the Federal Ministry of Finance out of the customizations listed in paragraph (first b) expenditures referred to above. D - Allocate an amount of dinars (two thousand six hundred and fifty-seven billion, two hundred and fifty-six thousand dinars (the reconstruction and development projects, regions and provinces, including Kurdistan) out of assignments referred to in paragraph (first a) above is distributed as follows: A - According to the population of each province. B - According to the level of deprivation when preparing the Federal Ministry of Planning and criteria for such and implemented as follows: 1- Introduces the conservative plan of reconstruction of the province, districts and areas affiliated ratified by the provincial council to the Ministry of Planning for the purpose of the study and validation that take into account the worst-hit areas "within the province". 2- Carries conservative implementation of the reconstruction plan approved by the Cabinet to maintain responsibility for overseeing implementation. E - The sum of (one thousand six hundred and thirtythree billion seven hundred and eighty-eight million dinars) to province an equivalent to (1) a dollar for every barrel of crude oil producer in the province, and (1) dollars for every barrel of crude oil refined in refineries maintain and (1) a dollar for every (150) cubic meters of natural gas producer in the province is distributed according to the production of each province and that the accounting adjustments are made after being examined by the Office of Financial Supervision. Deficit

6 A - The total planned deficit for the federal public budget for the financial year / dinars (fourteen thousand two hundred and seventy-five billion three hundred and forty-five million four hundred and seventy thousand dinars) covers the shortfall of cash retained from the Federal budget for the year April 2010 and internal and external borrowing. B - Authorizes the Federal Minister of Finance the power to continue to borrow from the International Monetary Fund which complements the sum of 4.5 billion dollars (four billion five hundred million dollars) and the World Bank, complementing the 2 billion dollars (two billion U.S. dollars) during the year / 2011, using Special Drawing Rights up to SDR, 1.8 billion dollars to cover the projected shortfall in the federal budget in addition to the domestic borrowing by the treasury transfers. C - Finance the deficit of the loan amount of 500 million dollars (five hundred million dollars) granted to the Oil Ministry by the British Oil Company. ((Chapter III)) General and Final Provisions Article 3 limits the exchange of key appropriations accounts (grants, subsidies, other expenses, and expenses of capital projects) approved in the general budget of the Federal Republic of Iraq by the competent minister or head of the entity is related to the Ministry and the provinces and provincial councils are not related to province, per allocations in the annual budget. Article 4 of the Federal Minister of Finance the power to make transfers between appropriation budget of the Federal Republic of Iraq ratified in the general budget of the Federal annual and supplementary funds and the main accounts and sub has authorized

7 ministers and heads of departments not related to the Ministry, governors and heads of provincial councils is associated with the province the power to make transfers between appropriation the federal budget of the Republic of Iraq ratified in the federal budget the annual or supplementary rate not to exceed (10%) of the unit of exchange for the unification of other exchange that is reducing the allocations with the exception of appropriation of investment projects, taking into account the provisions of paragraph (8) of section (9) of the Financial Administration Act and General Debts (No. 95) for the year April 2004 to be done exclusively for transfers of allocations of the expenses of capital projects to operating expenses and allocations done exclusively of non-financial assets to the substance of salaries and operating expenses. Article 5 of the Cabinet, amounts approved for use (contingency reserve), as set forth in item (I "c) of Article (2) of this Act for the payment of incidental expenses and unexpected after the depletion of the law, if there is an urgent need for domestic spending and the absence of the allocation to cover this need. Article 6 (First): The usage of approved appropriations in this Act to 31 / December of the fiscal year / 2011 and an affiliate income earned up to 12/31/2011 and received revenue after the end of the fiscal year / 2011 "for the federal public budget for fiscal year Article 7 is calculated by amount of grants and subsidies are not used funds allocated to government departments and public sector companies to end by the fiscal year / 2010 in accordance with Accounting Standards are used to calculate the final exchange and the amounts paid in excess along these lines as down payment at the expense of the grant allocated to the department or unit in the fiscal year / Article 8 of the competent federal minister and heads of departments not related to the Ministry and the provincial governors and heads of the power exchange per approved allocations within the annual budget and authorize the heads of departments of his ministry or organization that is not related to the Ministry the partial or the full authority of disbursement, according to the following:

8 First: The disbursement to conducted according to the appropriation approved in the federal budget and the annual or supplementary purposes specified. Second: The usage of funds allocated in the Federal Budget under the spending plan approved by the Federal Minister of Finance. Third: Compliance with the appropriations allocated in the federal budget and can not be in effect into a commitment as intended in the federal budget: First, Article 9: The ministries and government departments all Federal accounts monthly (model budget) at a date not to exceed duration (10 days) from the end of each month to the Federal Ministry of Finance and Accounting Service. Second: It is not permitted to make any transfers within the allocations (reconstruction and development projects, regions and provinces) between the provinces. Article 10 of the Federal Minister of Finance in coordination with the Minister of Planning Federal transfers approved allocations for investment projects contained in the federal budget for the year April 2011 have not been implemented, (25%) of the allocations for each project within six months from the adoption of the budget that do not affect the obligations of the executed contract, and conversion to other projects with the exception of projects that did not start the execution of the imperative reasons of security. Article 11, First: "When an employee get re-assigned from the Department of State services that either centrally funded or selffunded to the private sector, the Federal Ministry of Finance is to bear half of his/her salary transferred to them to two years as the date of re-assignment in relationship to his final constituency. Article 12: Authorizes the Minister of Municipalities and Public Works, the federal authority to make transfers between budget allocations by the self-financing municipal to maintain one entity to deliver the required services.

9 Article 13, First: Set quotas of governorates that not related to a district in proportion to population of the total expenditures shown in (Table / d expenditures ruling) attached to this law, after excluding the Kurdistan region's share of (17%). Second: the share of the Kurdistan region (17%) of the total expenditures shown in (Table / d expenditures) attached to this law that are not taken to dispose of these shares for longer consultation and coordination between the concerned ministry in the federal government and the concerned ministry in the province of Kurdistan. Third: The proportion (17%) Seventeen percent of the total operating expenses and expenses of the investment projects of the general budget of the Federal Republic of Iraq ratified the Kurdistan region after excluding expenses of the sovereign (the House of Representatives, the Presidency, the Council of Ministers, Ministry of Foreign Affairs, the Ministry of Defence), and legal claims for debts, costs to be audited and followed-up and the pursuit of money overseas, costs for auditing firm (Ernest & Young) and the Committee of Financial Experts, contribute to the cost of producing crude oil source, including contracts for foreign companies executing the Kurdistan Region, the benefits of foreign loans, interests, money orders in the public treasury, and benefits to write-off the external debt of the private sector, the amounts of contributions of Arab and international levels, amounts of compensation the Kuwait war, the operational expenses of travel and the Nationality Directorate and the leadership of the border forces, debt settlement abroad, the benefits of the restructuring of foreign debt under the Paris Club countries and countries outside the Paris Club, and the fees of the transfer of crude oil exported via Turkey, premiums bilateral agreements with Paris Club countries and countries outside the Paris Club and the investment projects of foreign oil companies). Fourth: Once an increase or decrease occurred in the total expenses of the federal budget, added or reduced in the share of the Kurdistan region proportionally with the increase and decrease in the budget of the Kurdistan region, taking into account the provisions of item (II) of this article amendments to the sovereign

10 expenditure from the transfer of sovereign expenditure to public expenditure, the same proportion mentioned above. Fifth: The Prime Minister agreed with the Federal President of the Kurdistan region on expenses (salaries, armament, and equipment) for the Regional Guard forces in line with the Constitution and to agree to cover pending advanced payments and the issuance of a law that regulates benefits and pay. Article 14, First: A - The Office of Federal Financial Supervision to coordinate and cooperate with the Office of Region Financial Regulatory to calculate and determine the Federal income obtained in the region this year and the Ministry of Finance in the region by referring to the Federal Ministry of Finance every month. B - The settlement of dues between the Kurdistan region and the federal government for the years (2004 to 2010) and subsequent years to be audited by the Office of Financial Supervision Federal to coordinate and cooperate with the Office of Financial Supervision of the Kurdistan region. Second: Unpaid federal income withdrawn to the Public Treasury and the Federal Ministry of Finance to deduct the federal quota under paragraph (a) of item (I) of this article, revenues planned in the federal budget and settlement calculations are to be conducted later. Third: The Ministry of Finance to deduct the federal amounts of damage caused by the region or province as a result of not allowing the use of airspace of the Republic of Iraq for the benefit of mobile phone companies approved by the Federal Government share of the region or province and funding, specifically from revenue derived from licenses and fees for mobile phone.

11 Fourth: The Federal Oil Ministry to identify the damage caused by any act on the result of crude oil extracted for the purpose of export and domestic consumption. Article 15: Re-examined the share of the Kurdistan region and governorates of provinces in the federal budget for the year April 2011 and onwards in the light of the results of the census and the census for the year April 2010 and that is in the determination of the amount to the real share of the region or province is regular province in the federal budget for the year / 2011 and display the difference on the Federal Cabinet for settlement. Article 16, First: All revenue departments centrally funded "ultimate revenue" to the public treasury of the State and Federal is stated in the balance of the audit. Second: Notwithstanding the provisions of paragraph (First), Federal Minister of Finance of sums add monthly revenue generated by departments and the Federal Ministry of Health budget to the Ministry. Article 17: The transition at all income Communications and Media Authority to the Federal Treasury Account of the State and the Ministry of Finance. Article 18: The federal ministries and non-associated with the Ministry to be committed to (Table / c) on the number of manpower for the ministries and departments centrally funded for the year / 2011 attached to this law and the Federal Minister of Finance the authority of the development of grades and adjusting staffing resulting from the introduction of grades to re-separated politicians and the integration of the militias and transport companies of public sector or self-funded departments to centrally funded and the development of scores of new formations. Article 19: Taking into account the equitable distribution of loans provided to the Federal Government to the regions and governorates of Iraq and in proportion to its population, after taking into account the strategic projects funded by these loans exclusively.

12 Article 20, First: The ministries and departments not associated with the Ministry prior coordination with the provincial councils and the selection of projects. Second: The Federal Ministry mandated to maintain the implementation of investment projects allocated in the budget belonging to that province. Third: To maintain the mandate of any of the ministries or by the Federal jurisdiction for the implementation of investment projects in that province at the expense of allocations (reconstruction and development of the regions and provinces) allocated to them. Article 21: The three presidencies (Presidency of the Council of Representatives and the Presidency of the Republic and the Presidency of the Cabinet) controls for the disbursement of social benefits in coordination with the Federal Ministry of Finance and the Office of Financial Supervision Federal and that being the exchange in accordance with the provisions of Article (29) of the Code of Federal budget for the financial year / 2008 (20) for the year April 2008 to when to issue such regulations and approved by the Cabinet. Article 22, First: Federal Minister of Finance ensure financial allocations for employees in companies and self-funded public entities to develop grades as a result of the transfer of services to the staffing services that centrally funded in accordance with Article (18) of this law to cover the needs of staff. Second: The federal ministries to stop appointments within the staffing profiles of its public corporations and self-funded entities which receive a grant from the Treasury, Federal Public of the State or loans from government banks to delete the grades within staffing agencies throughout the search when it became vacant due to transport or referral to retirement, resignation or death. Article 23, First: The deduction of the proportion (20%) twenty percent of the salaries of the Spokesperson and his deputies and

13 the President of the Republic and his deputies and the Prime Minister and his deputies. Second: The deduction of the proportion (10%) ten percent of the salaries (Chairman of the Supreme Council of Justice and his deputies and members of the House of Representatives, and receive a salary of the Secretary and who are the rank of Deputy Minister and advisers and those with special grades and general managers and workers in the House of Representatives and the Presidency and the Cabinet (Prime Minister / Cabinet Secretariat / National Security Council / Office of the Adjutant General of the Armed Forces / Iraqi National Intelligence Service / National Authority for Investment). Article 24, First: The ministries and government departments all Federal accounts monthly to refer to the Federal Ministry of Finance and Accounting Service at a date not to exceed duration (10 days) from the end of each month. Second: It is not permitted to make any transfers within the allocations (reconstruction and development projects, regions and provinces) between the provinces. Article 25, First: The Federal Minister of Finance to re-allocate of the approved amounts in the federal budget for the year April 2010 for the purposes of investment projects of the ministries and departments not associated with the Ministry and development projects and accelerate the reconstruction of the provinces, Marshes revival projects and projects of Petro-Dollars and non-disbursed to the allocations of the beneficiary exclusively for disbursement during the year / 2011 to the completion of projects investment exception from the provisions of (Section IV - P / 1) of the Financial Administration Act and the public debt, number / 95 for the year Second: The Federal Minister of Finance allocations on the quantities of (1) a dollar for every barrel of crude oil producer in the province, or (1) dollars for every barrel of crude oil refined in the refineries to maintain and (1) a dollar for every (150) cubic meters

14 a product of natural gas in the province for conservation benefits for the year / 2010, which was not included in the above-mentioned year's budget due to delays sending new projects by the province concerned to the Ministry of Planning as the rights acquired. Article 26: The Cabinet's law that regulates the number of staff and salaries of employees of the House of Representatives and the Presidency of the Republic and the prime minister. Article 27: The prevention of private aircraft rental to be absolutely at the expense of the state of all contacts with the exception of the three presidencies (Presidency of the Council of Representatives and the Presidency of the Republic and the Presidency of the Cabinet). Article 28: Not to exceed the monetary rewards or in-kind granted to staff, a million dinars a year, per person to meet the service rendered to the ministry or organizations that not related to the Ministry and within the approved budget allocations and competent in accordance with instructions issued by the Federal Ministry of Finance. Article 29: To be referred to the head of the spending unit to investigate according to legal rules and regulations in force in cases of failure to submit the final bills for the year April 2010 to the constituency after exceeding the date specified in the law of financial management and public debt (No. 95) for the year April Article 30, First: Decisions that contrary to the law are not to be considered and the federal treasury to tolerate any financial burdens of this decision unless they acquire the legitimacy of legal and approved by the House of Representatives. Second: The provision of financial bills by the Cabinet to the House of Representatives, are not implemented retroactively. Article 31: Companies of public sector are committed to take into account the provisions of section (8) of the Financial Administration Act and the public debt (No. 95) for the year / 2004.

15 Article 32: Obliges the ministries of electricity and telecommunications, municipalities, and public works and Baghdad Municipality and the municipalities in the provinces to activate the collection of wages, electricity and telephone, water and sewage from citizens and business owners, factories, government agencies and the public sector and others for the purpose of increasing their own resources and reduce dependence on the federal budget. Article 33: All federal ministries and departments not associated with the Ministry and the provinces to buy from the public sector the need equipment and materials manufactured in the public sector taking into account the competition in price and quality as well as dealing with the Ministry of Transport and the national carrier. Article 34: Public companies that self-funded by the federal budget, and the possibility of the companies mentioned, borrowing from government banks in accordance with the Companies Act No. 22 of 1997, after submission of feasibility studies with the exception of the directorates of the Ministry of the Federal Electricity companies and Federal Ministry of Agriculture and military manufacturing companies that was attached to the Ministries of Defence and industry and the General Company for Railways of the Iraqi Ministry of Transport. Article 35: The indeterminacy in any leadership positions (general manager and above) unless there is a degree in law or the ministry of the organizational structure according to the law ministry or organization. Article 36: The concerned minister or the President responsible on the assignment of related Ministries' staff redundant who have a service pension of not less than 15 years nor less than the age of fifty years to retirement. Article 37: Obliges ministries and departments not associated with the Ministry and all other official entities not afford to send their members to attend conferences, seminars, workshops and meetings in accordance with instructions issued by the Cabinet at the

16 suggestion of the Ministry of Finance and the Secretariat of the Cabinet. Article 38, First: Duties of all goods and imported goods by government departments and for the benefit of the public sector are exempted. Second: The above exemption of goods and imported goods to government departments and public sector institutions, governments or donors. Article 39: The Iraqi Central Bank to provide loan of 5 billion (five billion U.S. dollars) to support programs and projects of the federal budget for the year / 2011 in accordance with the terms and schedule determined by the Bank mentioned in coordination with the Cabinet for the purpose of payment and that the Cabinet to add the equivalent of the projects and programs within the federal budget for the year / Article 40: Ministers and heads of departments not related to the Ministry, governors and heads of local councils, municipalities and concerned to implement this law Article 41: The Federal Minister of Finance to issue the necessary instructions to facilitate the implementation of the provisions of this law. Article 42: This law shall be published in the Official magazine and implemented with effect by January 1 / President of the Republic