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Law No. 57 which are published from the Impermanent Coalition Authority
General Iraqis inspectors.
We publish the following orders, according to the authorizing authorizations which are given to me as the administrative manager of the Impermanent Coalition Authority, and according to the laws of the war, matching with the international Security Council which are related to the decision 1483 and 1511 in the year 2003, referring that the previous regime was growing the corruption and the lack of quality in the Iraqi governmental establishments, the need to collect the efforts in order to take back the trust to the people in these establishments, admitting the need of the ministers to the professional staff who dedicate their efforts to improve the ministry’s performance and stopping the cheating works and the mis-use of the authority, insuring that the activities of these staffs is required strong leadership and great amount of independence and enough resources and abilities, and our intending to improve the qualification and integrity of the Iraqi ministries:
Department 1
Purpose
This order is creating active program checking the performances of the ministries in order to raise the responsibilities levels, and supervising on their performances to prevent the cheating and mis-using of the authorities works and recognize them. Also this order is creating independent offices for the general inspectors to do their works such as checking and investigating, evaluating, searching and any other activity to review their performances according to the professional standards.
Department 2
Constructing the offices
- According to this order, an office for the general inspector will be built inside each ministry of the Iraqis ministries.
- The administrative manager of the Impermanent Coalition Authority will appoint the general inspector who will do his duties for 5 years. If this position becomes unoccupied before the establishing of transitional Iraqi administration, the general inspector will be appointed by following the same mentioned procedure.
- The executive manager of the transitional Iraqi administration will appoint the general inspectors in the unoccupied positions; this appointing will be approved by the national committee by the majority of its members’ voices.
- The general inspectors will be chosen without taken their political joining in regards, (this is matching the policy of depurating Iraq from the Ba’ath party). They will be chosen according to their leadership abilities and their integrity and the ability to do their accounting and financial checking works, and financial analyses, lawful works, administration ways, general administration, investigation, or other fields.
In addition to that the general inspector should have the knowledge and skills and abilities to do the checking and investigating procedures.
- The general inspectors will appoint in their positions for five years, and the executive manager can renew this period for another five years but this renewing should be approved from the national committee by the majority of its members’ voices.
Department 3
The reports of the general inspectors and their independence.
- The general inspectors will raise their reports directly to the minister and they will respond to all the inquires and interpellations which are come from the Impermanent Coalition Authority or the committee of the Iraqi administration. And if any complains arrived to the general inspector saying that the minister is behaving bad or misusing his authority, he will raise his report to the administrative manager of the Impermanent Coalition Authority or to the head of the commissariat of the general integrity after receiving all the authorities by the Iraqis.
- The general inspector will not be prevented from doing his works by any individual or organization which are required for executing the procedures of the financial checking or investigation or reviewing. Also no individual can put any kind of the obstacles to the works which the general inspector is doing. The individuals who infract the orders of this sub item will bring under the investigation according to the applied law by the commissariat of the general integrity.
Department 4
The deposition of the inspector
- The minister has the authority to deposit the general inspector from his position if there was reasonable justification for this deposition for example: the illegal works or not doing the formal duties or misusing the position and taking the hush money.
- If the general inspector was deposited from his position, the minister will inform the administrative manger of the Impermanent Coalition Authority about the reasons of the deposition until receiving the full authority by the Iraqis. Then the minister will present the notification to the authorized council of the national legislations authorities in the Iraqi transitional administration.
- The administrative manager of the Impermanent Coalition Authority can ask the minister to present more information about the deposition of the general inspector and he can cancel this decision. And the members of the authorized council can practice the legislation authorities in canceling this decision too.
Department 5
Duties
Each office of the general inspectors can do the following duties:
- Checking and reviewing all the records of the ministry and all its activities to guarantee the integrity and qualification in its operations. Also it is providing the necessary information to make the right decisions and presenting the suitable recommendations to improve the programs of the ministry and its policies and procedures.
- Doing the administrative investigation which is matching the mentioned authorities in the department (6).
- Full cooperation with the committees and special sides that are related to the law, and with the investigators, courts, and the Iraqi commissariat of the general integrity to help it doing its duties.
- Making the necessary procedures on each level of the ministries operations’ level to guarantee the qualification of the performance of the general inspector.
- Doing the necessary duties within the authorities of these offices according to the definition of these authorities in department (6) to achieve their responsibilities according to this order.
Department 6
Authorities
First: this order will give the following things to each office of the general inspectors’ offices in order to achieve the mentioned jobs and duties in department 6:
- The ability of arriving to all the ministry’s offices without any obstacles, and to all the employees in the ministry and reviewing the records and information data, reports, plans, contracts, notes, correspondence, and any other materials like the electronic data of the ministry.
- The authority of publishing the orders of calling the witnesses and listening and recording the oath which the witnesses are saying and their catch-words. And it is publishing the orders to displaying the records and formal papers and documents including the electronic data which are related to the investigation matter.
- The sensible ability to arrive to any governmental manager to do some jobs related to the office’s work such as the ministries and administrations and governmental committees.
- The authority of making the employees commitment to inform the general inspector’s office about all the cheating and misusing of the resources and illegal works.
Second: each genera inspector l’s office should commit to all the mentioned orders in department 9 about receiving any information as a result of practicing the authorities in item (1) from department (6).
Department 7
Resources
- Each ministry will provide the special financing of the general inspector’s office which is related to it from its annual balancing, the ministry getting its annual balancing from the national balancing. Each ministry should dedicate enough money for the general inspector’s office in order to help it doing its duties.
- The general inspectors will build the suitable organizational charts to achieve the duties of their offices, and to make them run their offices in a very qualified way. Also they appoint and hire, promote and deposit any employees and workers.
- The general inspector has the ability to use the services of the lawful accountants and qualified consultants who are specialized in the administrative matters. Also he can use the services of other professional experts to do all the duties in an independence way.
Department 8
Keeping the records
- The records of the general inspector’s office will not be published to the public.
- Each office will take the necessary steps to prevent publishing the reports of the financial checking and investigations, because the publishing of these reports may expose the Iraqi national security to danger.
- The names and identities of the people who present the complains will not be published to the public unless they will present their manual approvals, or if the Iraqi law require something else in this regard.
- Each office will keep the security of the classified information which it got them, and the office will submit to the same punishments of the authorized responsible to keep this information and protect them.
- Each office will take the necessary steps to protect the specialty of the people during practicing the administrative and lawful procedures.
Department 9
Preparing the reports and present them
- The general inspector will present to the minister and to the suitable responsible people a report showing his notes and recommendations which he derive them from achieving the office missions, and the general inspector will publish this report unless if it contains sensitive information about implementing the law or secret information.
- Each general inspector will inform the formal sides in the country who are responsible for implementing the laws and impleading the discordant people about all the matters which required making a perpetrating investigation.
- Each general inspector will present to the authorized president in the ministry an immediate notification about the big problems which are related to the administration of the ministry programs and operations, or about the misusing of its resources. Also he will inform him about any intrusion in the general inspector’s operations.
- Each general inspector will publish annual report within 60 days at the end of each financial year, he will mention in this report the reviewing reports and the financial checking and the investigation efforts which the office did them during the year.
- The report will describe the activity of the general inspector, and a copy of this report will be presented to the minister and the legislation committees in order to supervise on the ministry’s works and activities and the general inspector’s office.
- When the general inspector will publish the report, the media devices and the public will be informed without any delaying. These reports will be presented to the media delegates according to their request.
Department 10
The professional standards
The financial checking and investigation, searching, and reviewing procedures are committed to the professional standards which are generally confessed. These procedures are matching with the professional standards that are published from the specialized professional independent organizations. These organizations are calling for enhancing and improving the performances in the reviewing and financial checking missions, and checking and evaluating the investigation within the government frame.
Department 11
Reviewing the quality
The financial checking and investigation procedures are submitting to the reviewing operations, these operations are done by the highest Iraqi council for reviewing and checking each 3 years to guarantee their quality. A copy from the resulted report will be presented to the minister and the legislations committees which are responsible for supervising the general inspector’s office. This report will be available to the public when required.
Department 12
Entering the executing area
This order will enter the executing area from the signing date and it will last for a long time unless another legislating will be published from the transitional Iraqi administration.
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