Law No. (46) of 1963 - Iraqi Nationality

Date of entry into force: 1963

In the name of the people

The Public Presidency

In accordance with the Constitutional Law of the National Revolutionary Command Council، and pursuant to what the Minister of Interior، has propounded and certified by the National Revolutionary Command Council and the Council of Ministers، the following law has been validated:

Law No. (46) of 1963 - Iraqi Nationality

Article 1: The following expressions shall have the following meanings:

1. Iraqi National - the person possessing Iraqi Nationality.

2. The Alien - Non-Iraqi National.

3. Majority - Eighteen complete years calculated according to the calendar year.

4. A habitually resident of Iraq - the person whose usual place of residence is in Iraq from the day of the 23rd of August 1921 until the 6th of August 1924.

5. Ottoman - the person bearing the Nationality of the ancient Ottoman state before acting according to Lausanne Treaty on the 6th of August 1924، or any other country disassimilated therefrom under the said Treaty.

6. The Arab Nation - people living on the lands between the Atlantic Ocean and the Arab Gulf، wherever the language of the majority of the population is Arabic.

7. The Minister - the Minister of Interior.

Article 2: Shall hereby deemed to be an Iraqi National every person who has obtained the Iraqi Nationality according to the provision of the law No. 42 of 1924 and its amendments.

Article 3: 1. The person bearing an Ottoman Nationality، who has attained his majority، and habitually living in Iraq، shall lose his Ottoman Nationality، and shall be deemed to be an Iraq National from the sixth day of August، 1924 . His son shall also be deemed an Iraqi national in succession.

2. The person who، at the date mentioned in (1) above، has not attained his majority and lost parents or father only، shall lose Ottoman Nationality، and shall be deemed to be an Iraqi National from the date mentioned above.

Article 4: Shall hereby deemed to be an Iraqi National:

1. Every person born in or outside Iraq of a father possessing Iraqi Nationality.

2. Every person born in Iraq of an Iraqi mother and an unknown or stateless father.

3. Every person in Iraq of unknown parents. The foundling who is found in Iraq، shall be deemed to be born there unless there shall be an evidence against it.

Article 5: The Minister may consider a person who has been born of an Iraqi mother and of an unknown or a stateless father، an Iraqi National، if he chooses to be so within one year of attaining his majority، provided that، he is residing in Iraq and does not acquire a foreign Nationality.

Article 6: The Minister may consider an Iraqi National، every person who was born and attain majority in Iraq of a foreign father born there too، and was usually residing in it when he had his son born، provided that، the son presents an application of giving him Iraqi Nationality through a couple of years from attaining majority.

Article 7: 1. Every person covered by the provisions of Article 6 of this law، or the provisions of Article 3 of its amendment No. 206 of 1964، who has not presented an application for giving him Iraqi Nationality according to any of them، may present an application within one year form the date of the validity of this law.

2. The Minister، may consider Iraqi، every person who has presented an application according to para (1) of Article 6 of the law of Iraqi Nationality.

Article 8: 1. The Minister may approve the naturalization of any Arab National، provided that:

a)He has attained majority.

b)He has entered Iraq legally، and was residing in Iraq at the time when he applied for naturalization.

c)He has been residing in Iraq legally for at least ten successive years before submitting the application. The Minister may not put himself under the obligation to perform this item، if it is required by the common interest.

d)He is of good conduct and reputation and has never been sentenced for felony or a misdemeanour prejudicial to honour; unless he has formerly been rehabilitated e) He has an obvious means of living.

f)He is safe from: infections، diseases، physical and mental deficiencies.

g)Palestinians are excepted from granting Iraqi Nationality، until the liberation of Palestine and going back thereto.

2. The cabinet، according to the proposition of the Minister، may approve the naturalization of an alien، who is utilitarian to the country، and whose existence in Iraq is required by the common interest، provided that the conditions in para 1 of this article are available.

3. The Minister may grant the Iraqi Nationality to every person born in Iraq (and resided in it until majority) of a foreign father who has not born in Iraq، according to the following conditions:

a)He should present an application for naturalization within one year from the date when this law comes into force.

b)He should have been fulfilled military service in Iraq before the validity date of this law، and remained residing in this country until the date of presenting the application.

c)He should be of good conduct and reputation، and has never been sentenced for a felony or a misdemeanour prejudicial to honour، unless he has formerly been rehabilitated.

d)If his existence in the country causes no harm to the security and safety of the Republic of Iraq.

4. The President of the Republic، according to a proposition of the Minister، may approve the naturalization of an alien، who has attained majority، provided that:

a)He should have been residing in Iraq for at least fifteen successive years، before the validity date of this law.

b)One of his relatives (first or second degree of direct affinity) has obtained the Iraqi Nationality.

c)He is of good conduct and reputation، and has never been sentenced for a felony or a misdemeanour prejudicial to honour; unless he has formerly been rehabilitated.

d)He has an obvious means of living.

e)His existence in the country causes no harm to the security and safety of the Republic of Iraq.

f)He should present an application for naturalization within one year from the validity date of this law.

5. Each Arab national or an alien granted the Iraqi Nationality according to items (1،2،3،4،) of this article، shall take the oath of loyalty to the Republic of Iraq، as stated in this item، before the Director General، within three months from the date of issuing an agreement to grant him the Iraqi Nationality; the person shall be deemed to be an Iraq National from the date of taking the oath:

(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 PEEPING ITS FLAG HIGH NEVER BEEN TOPPED BY ANY OTHER FLAG، AND ITS SOVEREIGNTY LOFTY NEVER BEEN RISEN OVER BY ANY OTHER SOVEREIGNTY، AND GOD IS WITNESS ON MY SAYING).

ARTICLE 9: The decision made under either Article 6 or 8 of this Law، and para 1 - Article 3 of the Law No. 206 of 1964، shall be conclusive، not subject to any opposition by any authority.

It is permissible to submit an appeal to the president of the Republic against the Minister of Interior decisions to implement the provisions of this Law. The president's decision shall be final according to para 2 of the Revolutionary Command Council Resolution No. 413 of 15.04.1975، published in this booklet.

ARTICLE 10: 1. An alien who has been Iraqi naturalized under Articles [5،6،8،12 {para 1}، 13 {para 1}، 17] shall not enjoy the special civil rights enjoyed by the Iraqi citizens before five years from the date of acquiring the Iraqi nationality have been lapsed. Also he shall not have the right to be elected or nominated as member in a parliamentary body before ten years from the above mentioned date. It shall be excluded from that، members of non-Islamic religions sects as regards the elections of sectarian councils and courts according to the provisions of the relevant laws. Also shall be excluded from that the alien who has acquired the Iraqi nationality when nominated to a job at department of state.

2. The cabinet has the right to exclude certain Arab nationals from the said two Articles of pare 1.

ARTICLE 11: 1. Every Iraqi national who has acquired a foreign nationality in a foreign country by his own choice، shall lose his Iraqi nationality

2. If the person، who has lost his Iraqi Nationality under item 1 of this Article، returned to Iraq in a legal manner and resided there for one year، the Minister may deem him after the lapse of this year to be acquiring the Iraqi nationality from the date of his return if he submits a request to restore the Iraqi nationality before the expiration of the said period.

ARTICLE 12: 1. a)If an alien woman is married to an Iraqi national، then، she shall acquire the Iraqi nationality from the date of the Minister's approval. She may desist from this nationality through three years from the date of her husband's death، or divorce or، separation. She shall lose her Iraqi nationality from the date of submitting a request to this effect.

b) If the foreign woman is of a non-Arab nationality، she shall not have the right to submit a request to acquire her Iraqi husband's nationality unless three years elapse over the marriage and she resides in Iraq through the said period; provided that their marriage continues until the submission of the request. Excluded from this، shall be the woman، whose husband dies، or who has a child from him. “The minister may exclude a foreign woman who has the desire to 'acquire the nationality of her Iraqi husband from the condition of the lapse of three years over the marriage، if it is proven that she and her father were born in Iraq”.

2. If an Iraqi woman is married to an alien or Iraqi national who has acquired a foreign nationality after the date of marriage ، she shall lose the Iraqi nationality when she has acquired the nationality of her husband by her own choice. She must restore her Iraqi nationality in the event of her husband's death، divorce or dissolution of marriage. She shall restore the Iraqi nationality from the date of submitting a request to this effect، provided that she is in Iraq when submitting the request. 3. If a woman loses her Iraqi nationality because she has acquired her foreign husband's nationality، she may restore the Iraqi nationality، if her foreign husband is granted the Iraqi nationality، or if she is married to a person who possesses the Iraqi nationality; then، she shall acquire the nationality from the date of submitting a request to this effect. 4 A foreign woman who is married to an Iraqi national may not acquire except her husband's nationality according to pare 1 of this Article. A foreign woman who is married to an alien may not acquire the Iraqi nationality by herself only. ARTICLE 13: 1. If an alien has acquired the Iraqi nationality، his children shall become Iraqi nationals. 2. If an Iraqi national loses the Iraqi nationality، then، his children under majority shall lose it consequently. They may restore it by submitting a request to this effect through a year from attaining their majority during their existence in Iraq. Children of Iraqi nationals who lost their Iraqi nationality by virtue of the provisions of Law No. 1 of 1950 and Law No. 12 of 1951، shall not benefit from the provisions of this pare.

ARTICLE 14: Repealed.

ARTICLE 15: Repealed.

ARTICLE 16: Repealed.

ARTICLE 17: Iraqi nationality may be granted to a person who bears the certificate of (Expatriated Citizen) under a decision of the cabinet if he submits a request to this effect.

ARTICLE 18: The Minister may withdraw the Iraqi nationality from an alien who has acquired it، if he returns to his original nationality while he is abroad.

ARTICLE 19: The minister may withdraw the Iraqi nationality from an alien who has acquired it if he does or attempts to do an act which is dangerous to state's security and safety.

ARTICLE 20: The Minister may withdraw the Iraqi nationality from an Iraqi national in the following cases:

1. If he accepts to fulfill military service for a foreign country without a previous permit made by the Minister of Defence.

2. If he works for the interest of a foreign state or government، or an antagonist authority abroad، or if he accepts، abroad، a job at any foreign government، or any foreign or international bodies، and refuses to leave it despite the order made to him by the Minister.

3. If he usually resides abroad and joins a foreign body among whose purposes is the destruction of the social and economic system of the state by any means whatsoever.

ARTICLE 21: An Iraqi، who has lost his Iraqi nationality، shall not be exempted from duties and consequent obligations before losing the nationality.

ARTICLE 22: The Iraqi Nationality Law No. 42 of 1924 (and its amendments) shall be repealed.

ARTICLE 23: Whoever stated false sayings before the competent authorities or he submitted incorrect papers and he knows that for the purpose of confirming the Iraqi nationality for him or for any other one or by the purpose of denouncing same from him or from another one، shall be punished by imprisonment of a period not to exceed two years or with a fine not to exceed 100 Dinars.

ARTICLE 24: Fees shall be imposed on the original copies for the papers and documents mentioned before and on their substitutes or copies as follows:

l)The declaration by the request of the Iraqi nationality 250 Fils.

2)The Iraqi nationality certificate 3 Dinars.

3)The declaration by the request of naturalization 3 Dinars.

4)The naturalization certificate 10 Dinars.

5)The substitute for the damaged Iraqi nationality certificate or the naturalization certificate 3 Dinars.

6)The substitute for the lost Iraqi nationality certificate or the naturalization certificate، shall be as follows:

Firstly: In loosing for the first time 10 Dinars.

Secondly: In loosing for the second time 20 Dinars.

Thirdly: In loosing more than twice 40 Dinars.

7)The declaration by the refusal of the Iraqi nationality of previous wives or widows of the Iraqis 5 Dinars.

8)The declaration by the Iraqi nationality from previous wives or widows of foreigners 2 Dinars.

9)The declaration by restoring the Iraqi nationality from the persons who lost their Iraqi nationality in their childhood 2 Dinars.

ARTICLE 25: It is permissible to issue the due regulations and instructions to facilitate the execution of the provisions of this Law.

The validity of the regulations and instructions issued in pursuance of the provisions of the Iraqi nationality Law No. 42 of 1924 (as amended) shall be continued until the repeal or the issuance of what substitutes them.

ARTICLE 26: This Law shall be executed from the date of its publication in the Official Gazette.

ARTICLE 27: The Ministers shall undertake the executions of this Law.

Made at Baghdad this 6th day of Muharram 1383 H. and this 30th of May 1963.

AbdulSalam Mohamed A'rif ،

President of the Republic Staff Field Marshal

Prime Minister Ahmed Hasan AlBakir

Minister of Defence Salih Mehdi Ammash

Minister of Foreign Affairs Talib Hussein ElShabib

Deputy Premier/ Minister of Guidance (Information) Ali Salih AlSa'adi

Minister of Municipalities Mahmood sheet Khattab

Minister of Agriculture Baba Ali

Minister of Trade Shukri Salih Zaki

Minister of Agrarian Reform Sa'doon Hammadi

Minister of Health Izzet Mustafa

Minister of Justice Mehdi AlDaulaii

Minister of Finance Mohamed Jawad AlUboosy

Minister of Works and Housing Rajab AbdulMajeed

Minister of Communications AbdulSattar AbdulLatif

Minister of Oil Abdul Azeez Ali Al Wattari

Minister of Education Ahmed AbdulSattar AlJiwari

Minister of Labour&Social Affairs Hameed Khalil