Iraq Public Tenders Regulation

Overview

A significant portion of works and contracts in Iraq are made with the public sector. Given the country's underdeveloped private sector and the Iraqi economy's over-dependence on the government-controlled oil and gas sector, it is imperative for any firm planning to do business in Iraq with the public sector to understand the legal framework governing Iraqi government contracts and public tenders. Unlike civil and commercial agreements which are governed by Iraq Law No. 40/1951 on the Civil Code, as amended, public contracts are governed by Iraq Law No. 87/2004 on Public Contracts, which was enacted by the Coalition Forces. Iraq Law No. 87/2004 formed a Public Contracts Department within the Ministry of Planning (MOP), which is responsible for issuing instructions and regulations relating to all Iraqi public contracts and tenders. The most recent Regulation issued by the MOP is Iraq Regulation No. 2/2014 on the Implementation of Governmental Contracts, which was released to clarify the ambiguous aspects of Iraq Law No. 87/2004 and consolidate the MOPs prior instructions into one statutory source.