Main functions of the Legal Directorate

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The Legal Directorate follows up the implementation of the Central Bank of Iraq Law, the Law of Banks and the instructions issued thereunder and manage the legal procedures of the Central Bank of Iraq by providing advice to the highest authorities in the Bank. The Directorate also represents the Bank in disputes before the courts that arise between the bank and other bodies such as ministries and Government institutions, banks, companies, and individuals. In addition, representing the bank before the judicial authorities, and taking legal action against violators. The legal directorate audit and studies draft laws, instructions and regulations relating to the Central Bank's work and the books received by the bank from other government agencies such as the State Council, the General Secretariat of the Council of Ministers, and other memorandums of understanding and taking all the procedures related to them. To which the Central Bank is a party, the work of the committees inside and outside the bank. The legal department is responsible for managing the implementation of the contracts of the bank through the contracts department as well as managing the foreign cases before the foreign courts. Coordination with the Ministries of Justice and Finance and other government banks. In addition, ratification of contracts, guarantees the organization, and pledges for the benefit of the bank towards others and all the documents provided by law and the Human Rights Division of this directorate to organize and follow-up training programs in the field of human rights.

The Legal Directorate composed of the following departments and sections according to its organizational structure

 

First: Consulting Department:

The consulting department reports to the Director General of the Legal Directorate

This department consists of the new structure of two sections:

1. General Consulting Section
2. Banking Consulting Section

The duties of the Legal Consulting Department are as follows:

• Providing banking and general advices to all directorates of the bank and inquiries received from outside the bank either directly or through the concerned directorates.
• Auditing draft laws and instructions and follow up with the legislative bodies and in coordination with the concerned directorates.
• Audit the agreements and memorandums of understanding in coordination with the concerned parties to obtain the fundamental approvals for their conclusion.
• Participation in various committees inside and outside the bank.
• Express legal opinion to the Governorates and the Bank's directorates.
• Consultations on the legality of some of the activities carried out by the companies mediating the sale and purchase of foreign currencies and their compatibility with the instructions regulating the work of-
• these companies and licenses granted to them and procedures for withdrawal of the license and its reasons and when the bank has the right to Confiscation of the letter of guarantee provided by the said
• companies.
• Various and varied consultations related to the selection of board members in terms of the availability of conditions and controls.
• Consultations regarding letters of guarantee.
• Auditing circulars directed to banks.
• Study and follow-up the transactions of bonds issued by the Ministry of Finance in coordination with the Directorate of Financial Operations and Debt Management for the purpose of matching the granting -
• of a percentage of the receivables contractors in cooperation with the department of ratifications in this directorate.
• Answer all inquiries related to the window of sale and purchase of foreign currency to verify the compatibility with the instructions of the new window for the year 2017.
• Providing the legal opinion regarding electronic payment services to the Directorate of Payments in terms of verification of their compatibility with the electronic payment system No. (3) for the year 2014

Second: Internal Claims Department:

The Department reports to the Assistant Director General and consists of the following sections:

1. Criminal Claims Section.
2. Civil Claims Section.
3. Staff Claims Section.
4. Follow-up Section.

The duties of the internal claims department:

• Record statements before police stations.
• Attendance before the courts of misdemeanors and crimes to record statements of defendants in cases referred by the investigation courts, which concern the work of the Central Bank.
• Discriminate decisions made on the above issues.
• Preparation of books to move the complaint about the violations contained in the Legal Directorate.
• Follow-up on cases before the Court of Financial Services, which have a great relationship with the Central Bank.
• Request for claim withdraw formality.
• Coordinating with the Directorate of Banking Supervision on cases related to the Financial Services Court.
• Follow up on the discrimination of decisions and appeal and take into account their dates.
• Follow up warnings issued by civil courts.
• Receipt of communications received by central mail or directly.
• Attendance on the scheduled date of the trial and follow up the proceedings of the case.
• Preparing the regulations according to the response of the various directorates.
• Establish cases that need to be initiated to collect the rights of the Central Bank.
• Prepare a detailed report for each case to the Director General of the Legal Directorate.
• Ensure the presence of legal representatives before the Court of Staff.
• Approach the central bank directorates that are related to the subject matter of the lawsuit.
• Attendance before the Administrative Investigation Court, which is specialized to hear the appeals submitted to it.
• Approach the concerned directorate as soon as such a claim has been reported.
• Follow up cases with the sections of the department.

Third: Department of Foreign Claims:

The Department reports to the Assistant Director General and consists of two sections:

1. Studies and Preparation of defenses Section.
2. The Follow-up and Data Processing Section.

• Management and follow-up of all cases against the Central Bank of Iraq before the foreign courts.
• Refund, resolve and settle many suits.
• The Section of Studies and the preparation of defenses study and prepare the arguments for several cases and in coordination with the Legal Directorate at the Ministry of Justice
• Giving some consultations in cooperation with the consulting department in some matters related to foreign cases, funds and balances abroad.
• Preparation of statements of claims and transfer its amounts to the Iraqi dinar.
• Preparation of a letter to all foreign lawyers assigned to represent us in foreign courts in cases against this bank.
• Preparation of a statement detailing all cases and update every three months by adding developments in these cases to be submit to the Internal Audit Directorate for audit purposes.
• Answer the books received from the Bureau of Financial Supervision operating in this bank.
• Participation in meetings of the Committee of Accounts suspended abroad.
• Responding to inquiries from the bank's directorates regarding some foreign cases or informing them of some of the directives and recommendations of the Legal Advisory Committee in the Ministry of  Justice.

Fourth: Contracts Department:

The Contracts Department is associated with the Assistant Director General and consists of three sections and as follows:

1. Contract conclude Section
2. Contracts Execution Section
3. Follow-up and Settlement of Contracts Section

The Department takes all the necessary procedures to conclude contracts with the relevant authorities, whether government or private, based on the instructions and regulations of the implementation of government contracts no. (2) for the year 2014, issued by the Ministry of Planning for the purpose of executing contracts of all types such as general contracting contracts, And contracts for the processing of goods and services executed on investment budgets, current and operating in accordance with the controls and instructions to ensure the rights of the bank and the preservation of funds as public funds.

• Preparing tender documents and announcing them in official newspapers and the bank's website.
• Obtain the fundamental approvals for the financial allocation
• Implementation of the referral procedures and preparation of draft contract.
• Check the documents of tenders and decisions of the assignment and implementation of the terms of the contract and the payment of dues of companies after the calculation of delay penalties, if any and
• procedures for tax deductions under the contract.
• Follow-up of the contracting procedures and the effectiveness of the letters of guarantee and settlement of the accounts of the contracts and archiving them, and assigns other tasks in this regard.
• Addressing all ministries and directorates of the bank.
• Keeping correspondence received from all ministries and directorates of the bank.
• Archiving contracts electronically.
• Participation in committees inside and outside the bank.

Fifth: Department of ratifications and reservations:

The department reports to the Director General and consists of two sections

1. Ratifications Section
2. Reservations Section

The tasks of the department are summarize as follows:

• Ratification of pledges
• Ratification of contracts
• Answer all letters and memos received from different parties outside and inside the bank.
• Updating the database related to the work of the department for easy reference to information when requested.

Sixth: Human Rights Sections:

The section reports to the General Director.

The work of the Human Rights section is summarize as follows:

• First: Attend meetings at the Ministry of Justice, which examines the reality of the human rights people in the ministries of the State and in the presence of the Deputy Minister of Justice.
• Second: Follow-up with the National Center for Human Rights regarding the training programs and developing the skills and information of the staff of this bank in this field
• Third: Organizing workshops in cooperation with the Center of Studies in this bank

Seventh: Administrative Section

The Administrative Section reports to the Assistant General Director and has the following functions:

• Mail Administration (incoming and outgoing)
• Printer
• Archives
• HR
• Follow-up
• Printing all official letters, internal notes, reports, quarterly and annual reports, achievements, tables and statements related to the work of the Administrative section and auditing them.
• Compliance with the directives of the senior management of this bank.
• Archive of all correspondence conducted by the section whether receive or issue.
• Preparing letters for nomination of experts.
• Preparation of quarterly and annual reports and achievements as requested by the concerned departments.
• Follow-up training programs for the staff of the Directorate, both inside and outside Iraq, and within the annual plan for training.
• Implementation of procedures and correspondence related to the affairs of the Directorate's staff and in coordination with the Department of Human Resources Management in the Administrative Directorate.