legal authorization
First: Issuance of licenses (general and limited)
A large number of citizens residing abroad need to be granted general or limited permits for use by people inside Iraq. The Consul needs to consider the following:
1. The authorization cannot be issued if the Iraqi citizen still holds the Iraqi ID.
2. Authorizations are of two types:
A- General authorization: It authorizes the person who obtains it to dispose of all the properties of the person he authorizes. Therefore, its awarding must be accurate. This authorization does not expire unless revoked by the Commissioner by filling in the application form for the delegate’s rejection (notification and dismissal document) and attaching (notification notice) according to the templates in the Embassy. The general authorization is of two types (Person Authorization / Form 12 Form 1) (Attorney Authorization / Template 12-2) The authorized and authorized photographs are placed and stamped.
b- Limited License: It is granted for one or more specific issues, which gives the licensee a limited right to act within specific issues, acts or repercussions as required by the type of business or custom. For the purpose of following up on a specific task or accomplishing a specific work and ending with the end of its purpose (Form No. 13).
c- For both general and limited authorization, a fee is paid at certification that varies in amount from one to the other in the receipt (37a).
3. The authorization is in triplicate and signed by the authorized person himself. The first copy is given a delegate, the second copy is kept in the authorization history, and the third copy is kept in a special file.
4. The general and limited authorization shall be for one or several authorized persons, and in the case of multiple persons in one permit, they may not work individually unless this is expressly provided for in the license. The authorization may also be written by more than one person, in which case the fees are charged according to the number of delegates, as if each of them had a separate authorization.
Second: Licensing Procedures
1. When the applicant submits his application, the Consul verifies the applicant’s identities such as the Nationality Card (Nationality) and the Certificate of Nationality (Certificate of Citizenship).
2. The consul reads the permission to the applicant and its type (general – limited) is acknowledged by the authorized signatory before the consul.
3. The Consul fills out his part of the authorization, which is (I certify that the authorized person in this authorization is the master…. specified by (nationality or nationality certificates) dated…. Numbered …… issued on …….. from the …… … I have read the terms of authorization in .. / .. / 200 .. the name of the consul ………….. the signature and seal of the consulate.
4. The consul must write the client’s full name, permanent address, number and date of citizenship and citizenship certificate.
5. Recording the authorization in the authorizations register, giving it the number and date of issuance, and the signature of the authorized person in the register.
6. Attach the first copy of the authorization to the record and stamp it equally between the record and the authorization. The license generic number is the record page number and record number on the record cover. The record is full during the year, and another record is opened with number (2) and hence the page number.
Third: Instructions for issuing licenses
The delegate must appear in person before the Consul when the authorization is issued.
NS. The full information of the principal must be written in the register according to the nationality card (nationality) and the nationality certificate (citizenship certificate) and not to rely on the passport (writing the number and date of release of each nationality card. On the citizenship card (nationality) and the citizenship certificate (citizenship certificate) to compare it with the information in the authorization.
C- The client’s personal photo is affixed and stamped with the consulate seal.
D- The real estate number must be written in full as in the deed (land and neighborhood number) and not just the address (street, district, house) in the case of limited licenses.
e- Accuracy in the information of the delegates and the delegates and the details of the delegations.
E – It is preferable that the signature of the authorized person be in Arabic.
F- It is preferable to attach a copy of the legal shareholders and the deed.G. Updated life certificate must be attached.
(Consular Department letter No. 8/9/1/68076 of 24/4/2008)
Note on issuing endorsement from the authorizer:
In order to reduce forgery, the Directorate of Real Estate Registration asked that an a printed endorsement must be attached with each authorization to sell a property from the authorizer to the authorized and signed by him in addition to the left thumb print on the endorsement. It must be signed and stamped by the Consul and write the full address and phone number of the authorizer on the endorsement letter. The Mission keeps a copy of the endorsement and the authorization for reference when needed, according to the attached form number (1).
(Consular Department letter No. 8/9/1/85079 on 30/8/2010)
(Consular Department letter No. 6/9/1/18840 on 24/5/2011)
Fourth: vehicles selling authorizations
For the documentation of the selling a vehicle or usage authorization on behalf of the rightful owner, the vehicle number and year of manufacture, color, and number of the VIN and engine. The authorization needs to be stamped by the Directorate of Traffic / computer in order to become effective. Three types of authorizations are used and according to the attached forms that are different from one to another, according to the purpose as follows: –
1. Model (1) is used for selling and driving vehicles.
2. Model number (2) is used for driving a vehicle.
3. Model No. (3) for purchase and registration of a vehicle.
As for the vehicles that were not recorded in Iraq and recently entered, the authorization model No. (4) is used.
Consular Department letter number:
8/4/22/74285 on 13/5/2010
8/4/2/c/86950 on 11/6/2009
Fifth: Cancelling Authorizations
Cancelling the authorization in accordance with the provisions of the civil law is done by the authorizer by filling template number (1) for the cancelling the authorized in an accurate way in addition to sending template number (2) to notify the authorized that is stamped by the consular stamp and the name and signature of the Consul to notify the authorized by the Ministry of Justice / Department of Legal Notary.
A passport copy is sent with the template. The fee for the template is taken which is 350 Iraqi Dinar which equals $1 in accordance to receipt (37a) (letter No.8/4/21/93270 on 5/8/2009).