A comparative study between the federal investment law No. 13 of 2006 and the Investment Law Kurdistan No. 4 of 2006

Abstract

Boils down to we discussed the issue compared to the investment law, Federal Law No. (13) for the year 2006 and the Investment Law Kurdistan (4) for the year 2006, which illustrates the change of economic policy for Iraq in general and the Kurdistan Region, especially in light of current conditions, clearly to the contribution of foreign capital in financing economic development as one of the most important sources of external financing, which is beyond its role in influencing economic development on internal financing for developing countries, and became the export of capital in the form of investment is the distinctive character of the framework for international economic relations during this period. Iraq has been generally and the Kurdistan Region, a move widely towards integration into the global economy and through a major overhaul of the legal system and state institutions and begin to develop legislation based on policy development and financing of the economic system of the state of a centralized system prompt to open economic system depends on the market and has the merit of continued growth strengthening the role of the private sector and encourage and qualifying to compete with foreign enterprises, and it passed the investment law, Federal Law No. (3) for the year 2006 and the Investment Law Kurdistan (4) for the year 2006, but that such legislation, and agreed to its objectives but they differed in the means of achieving them, was the policy of the Iraqi legislature in each of the two laws is a unified and harmonious this the one hand, on the other hand, the attempts of the legislator in each of the two laws in the promotion of the role of investment and create economic base sober were not devoid of weaknesses legal in many of its provisions, which if compared to the texts of investment in comparative legislation, we will find it does not fit the modern trend towards the adoption of an open economy policy. Accordingly, the've focused on the study of similarities and differences in the legislative policy to invest in Iraq in general and the Kurdistan Region in particular, in the light of a comparative study shows similarities and differences between the investment law, the federal and the Kurdistan and weaknesses legal in all of them and according to plan we decided to be divided into five sections, devoted the first to demonstrate the procedures for the establishment of the investment project and the second one was devoted to demonstrate the extent enjoyed by the investor of the benefits under both Acts, and the third has been allocated to the statement of the legal safeguards for investment, and the fourth had we dealt with the means to settle investment disputes in each of the two laws, while the fifth section was allocated to the statement of violation of the terms of the investor and the investment implications of the sanctions in each of the laws and finally the conclusion included findings and proposals.