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Custom Law
The Custom law No (23) of 1984 with its amendments is one of the laws which
is followed by the General Commission of Custom according to this law the
capability of Custom office is determined and the principals of practicing
Custom tariff which are determined by the provision of the Custom tariff law No
(77) of 1955 amended. Where the goods, which enter Iraq or go out in any way,
submit to the Custom duties as determined in tariff law, and according to a
detailed declaration Contains the whole information about goods, which enables
to practice an operative laws and collecting duties and due taxes and preparing
the statistics to submit the goods to be checked. Chapter four of seventh
article by using subjects (77- 74) it deals with the topic of objection with objectionary commission by the concerned persons upon decisions of
administrating the Custom concerning the description of the goods or originality
or price, if they thought that the decision is unfair.
Chapter eight talks about establishing free markets and areas by specifying
places of ports or internal places, considering it outside the Custom area. This
shall allow entering all foreign goods to the free markets and taking them out
of it to other than the Customs area without submitting the goods to the export
or reimport restrictions or foreign exchange …etc.
The law dealt with the subject of entrance good permanently for one year
renewable and suspending the Custom duties and it is also possible to export
again the imported goods if they are unused to out of the country after
obtaining the reasons of the returning. Chapter ten of the law organizes the
exemption of some of the exports from Custom duties such as President of the
republic headquarters of presidency, diplomatic committees and military
exemptions.
Chapter fourteen and fifteen deal with topic of investigation of contraband
(smuggling), Customs crimes, and crimes of smuggling and cases which can be
described according to smuggling law and the penal aim in the penal
responsibility and the real doers who have done the contraband crime, the
punishments of forfeiture and confiscation and imprisonment to those who had
committed contraband. Also, it includes crime of data of consuming and export,
and data which related to the suspended attitudes because of the duties, and to
the lauding declaration (Al-manifesto) and possession. Chapter sixteen shows the
subject of organizing the criminal report for smuggling crime, the provisional
preparation as seize, judicial and administrative chasings, and establishing the
Customs court with it's specializations…modifications, appeal means, abortive
prescription and urgent permeability.
Because of the danger of contraband crime and its effect on the national
economy, the legislator insists upon issuing custom law after ten years and
insists upon jail punishment in article no (194) in the law to be ever jail or
temporary and execution punishment if the contraband exclude heritage parts or
was a huge amount which leads to detrimental and damaging effect on the national
economy.
Internal system of the General Commission of Customs and sections tasks
General Commission of Customs consists of commission center, related with it
three customs bureaus, they are:
- Custom bureau of middle area, its center is in Baghdad.
- Custom bureau of north area, its center is in Mousel.
- Custom bureau of south area, its center is in Basra.
The commission center consists of 9 divisions, whereas the other three areas
each one contains 12 divisions, and they are the same division of the three
areas.
The next internal system no (3) of the 1993 published in AlwaqaaAl-Iraqia
volume 3543 in 26/12/1994 shows the names of the commission center
divisions. The three areas and the task of each one of these divisions.
There are three internal Customs sub centers (annexes), which are inside the
governorate and external annexes, which are divided geographically on three
areas as shown in article no 5 of the next internal system and there are
border Custom centers, related with each area of the custom areas mentioned
above as shown in the organizational structure of the commission.
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