The Federal Supreme Court obligates the federal government and the regional government to disburse salaries
Baghdad / Media of the Federal Supreme Court
The Federal Supreme Court held its session today, Wednesday, February 21, 2024, and issued its decision in the case No. (224 and its units No. 269/Federal/2023) to oblige the localization of the salaries of all employees of the region.
The Federal Supreme Court decided the following:
First: Obligating the defendants, the Prime Minister of the Federal Government, and the Prime Minister of the Kurdistan Region - Iraq, to localize the salaries of employees of all ministries, governorates, and entities not affiliated with a ministry, and all employees of other government agencies, retirees, and beneficiaries of the social protection network at federal government banks operating outside the region, and deducting from the share The region specified in accordance with the budget law for this year, and for the coming years, and each of the aforementioned authorities in the region and its sub-departments has direct coordination with the Federal Ministry of Finance to implement this and approach it regarding resettlement without referring to the Kurdistan region’s representation, and all banks affiliated with the first defendant must facilitate the resettlement process and follow All necessary means for the beneficiary (employee, public service officer, retiree, or social protection network beneficiary) to obtain his salary at his place of residence through outlets spread throughout the region or open banks in the region licensed by the Central Bank of Iraq, and the highest official within the above-mentioned authorities is responsible. Ministries, entities not affiliated with a ministry, and all government formations are responsible for the accuracy of the data sent for nationalization regarding the number, grade, amount of salary or wage, and beneficiary data, and it must be signed by the supreme president, the director of the financial audit, the director of the financial department, and the director of the human resources department provided that the defendant The first is to launch funding for the salaries of employees in the region after resettlement and not to finance them through loans.
Second: Obliging all entities mentioned in Paragraph (First) above within the region to submit monthly trial balances on the date determined by the Accounting Department of the Federal Ministry of Finance in the following month when requesting funding, similar to the ministries of the federal government.
Third: Obliging the second defendant, the Prime Minister of the region, to hand over all of his oil and non-oil revenues to the federal government (the state treasury), following the Federal Financial Management Law, provided that the Federal Office of Financial Supervision, in coordination with the Office of Financial Supervision in the region, audits the data related to those revenues based on the provisions of Article (12) of Law No. (13) of 2023, the federal general budget of the Republic of Iraq for the fiscal years (2023-2024-2025).
Fourth: Obliging the second defendant to enable the Federal Financial Supervision Bureau, in coordination with the Financial Supervision Bureau in the region, to audit the bank accounts opened for the region within the Central Bank and to audit the lists of employees, retirees, and beneficiaries of the social protection network in the region.
The decision has been issued unanimously, final, and binding on all authorities.
