Iraq: Regulations No. 1 of 1965 (nationality)
| Publisher | National Legislative Bodies / National Authorities |
| Publication Date | 1965 |
| Cite as | National Legislative Bodies / National Authorities, Iraq: Regulations No. 1 of 1965 (nationality), 1965, available at: https://www.refworld.org/docid/3ae6b4e9c.html [accessed 30 May 2023] |
| Comments | This is an unofficial translation. |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Issued in accordance with the law of Iraqi nationality.
Pursuant to Article 25 of the law of Iraqi Nationality No. 43 (as amended), we decided to promulgate the following regulations:
1.
a- The term (Director General) shall mean the General Directory of Nationality Department.b- The Director General may authorize the Director of Nationality (or his deputy) to undertake some of his authorities as stated in Regulation No. 2.
2.
a- The Director General is authorized to grant the Iraqi Nationality (Form No. 2 annexed to these regulations) to the persons in whose cases are available the conditions of Article [2, 3, 4, 12 (item 2 and 3), 13] of the law of the Iraqi nationality, after filling the Form No. 6 annexed to these regulations in the case stated in item 2 of Article 12, and filling the Form No. 7 annexed to these regulations in the case stated in item 2 of Article 13, and filling the Form No. 1 annexed to these regulations in the rest of the cases.b- The Director General may grant the Iraqi nationality ( true copy of Form 2) to the persons in whose cases are available the conditions of Articles [5, 6, 17, 11 (item 2)] of the law of Iraqi nationality, and item 1 - Article 3 of law No. 206 of 1964 (which was issued as an amendment to the said law) after:
1) Making the due inquisition; 2) Filling Form No.1; 3) Issuing an official agreement from the competent authority
C- The woman who has acquired the Iraqi nationality by getting married to an Iraqi national, and who requests to restore the nationality she used to bear before marriage in accordance with the second section of item 1- Article 12 of the law, must sign Form 5 annexed to these regulations. Should the conditions be available in her case, the Director General may provide her with a notification which indicates the cancellation of her Iraqi nationality.
3.
Being agreed on granting the Iraqi nationality to an applicant, a form of its certificate should be filled, signed by the Director of Nationality and his deputy, registered, and returned to the Police Directorate of the governorate or, the Nationality Officer in Charge, in order to deliver it to its right applicant. Revenue stamps (of the stated value) should be stuck on it in a fixed corner where the applicant is asked to either sign or leave his fingerprint on, as an indication of his receiving the certificate. The Directorate of Nationality in Baghdad should be reported to about these measures.4.
A person who requests to be naturalized with the Iraqi nationality must attend before the Director General or Nationality Officer to fill Form No. 3 annexed to these regulations. Having the availability of the legal conditions been confirmed, the request for naturalization should be sent forward to the Ministry of Interior, together with the Form No. 4 of the Naturalization Certificate annexed to these regulations. The minister - having agreed - shall sign the requests of the Arab nationals. As for the requests of the aliens (of non - Arab nationality ), the council of minister shall ratify the agreement of the minister in pursuance of a proposition from him. The Nationality Directorate should mark down the number and date of the council's agreement on the naturalization certificate before returning it to the Ministry of Interior to be signed by the minister.5.
It is impermissible to exclude the alien applicant of naturalization (of non - Arab nationality) from the condition of having legal residence in the country for ten successive years, in compliance with the provision of item 2 of Article 8 (as amended) of the law.6.
a- In case of granting an agreement for naturalization, the Nationality Directorate must register the naturalization certificate and return it to the Nationality Officer by whom it was sent. Then the applicant shall be deemed to attend before the Nationality Officer to take the Oath of Loyalty to the Republic of Iraq, as follows: (I DO SWEAR BY THE ALMIGHTY GOD, AND THE PURE EARTH, LAND, WATER AND THE SKY OF IRAQ, THAT I WILL PRESERVE IRAQ FROM EVERY ALIEN WHO ENCROACHES IT, OR INTENDS TO ENSLAVE, OCCUPY IT, MAKING A SUBORDINATE, AND WILL PROTECT IT BY ALL MEANS WITH A VIEW TO KEEPING ITS FLAG HIGH, NEVER BEEN TOPPED BY ANY OTHER FLAG AND ITS SOVEREIGNTY LOFTY, NEVER BEEN RISING OVER BY ANY OTHER SOVEREIGNTY, AND GOD IS WITNESS ON MY SAYING).The officer before whom this oath is taken and signed, must testify that this act has been made in his presence.
b- The applicant of naturalization must attend through three months from the issuance date of the agreement decision for granting him the Iraqi nationality, to take the aforementioned oath, sign on it, and pay the legal stamp duty, otherwise the certificate shall not be delivered to the applicant, who if not attends through the said period to take the oath, the whole case shall be forwarded to the Minister of Interior who will decide whether to abrogate a naturalization certificate or agree to grant it, according to the circumstances of the case.
7.
No responsibility is laid on the wife in acquiring or losing the Iraqi nationality, unless it is stated on in an official document issued by the competent authority, and was true in form and contents.8.
a- Whoever obtained the Iraqi nationality or the certificate of naturalization by stating false sayings or submitting incorrect papers or information, shall lose this document, for it shall be abrogated by the Minister of Interior. The Director General shall undertake the execution of this abrogation according to the provisions of Article 23 of the law of Iraqi nationality. Any duties collected for this purpose shall not be recovered, and the abrogation shall be valid from the date of his illegal obtaining of the nationality.b- The Director General shall undertake to notify in writing the competent authorities and relevant parties of the measures stated in -a- above.
9.
The Ministry of Interior shall issue the due regulations to formulate the patterns of registries and certificate forms which shall be furnished to the consulates of the Republic of Iraq abroad, in order to meet the requests of the expatriated citizens.10.
Both of the two patterns (2 and 4) shall have the same following specifications:- Length/23 C., width/16 C.
- Printed on hard white paper.
- The outer cover is covered with black tissue on which shall be engraved the emblem of the state. The writing on it shall be in white letters.
- Both of the patterns shall be designated with (a) as it is shown in the attached illustrated figure.
11.
A- The concerned Iraqi consul shall provide the person who keeps his nationality in compliance with the provisions of pare (1) - Article 11 of the law of Iraqi Nationality annexed to the law No. 60 of 1970, with two copies of the document prepared for the expatriate Iraqi, one of which shall be delivered to the bearer, and the other shall be sent to the General Directorate of Nationality.B- The Director General of Nationality shall provide the person who keeps his Iraqi Nationality in accordance with Article No. 11 of the law of the Iraqi Nationality, with two copies of the document for the expatriate Iraqi, in case of being existed in Iraq; one of which for the bearer, and the other shall be sent to the competent consul.
C- The dimensions of this document shall be as follows:
- Length/15cm, Width/l0cm, as it is indicated in the attached pattern.
- Printed on hard white paper.
12.
The regulations of the Iraqi Nationality of 1956 (and their amendments) shall be replaced. The application form issued according to those regulations shall continue to be used until the completion of printing and preparing the new forms and patterns indicated to in these regulations, and until a decision is promulgated by the Minister of Interior for replacing them.13.
These regulations shall be executed from the date of their publication in the Official Gazette.The Minister of Interior.
