RESEARCH: Iraq Custody

Executive Summary

Custody of children in Iraq is primarily governed by Iraqi Personal Status Law, which grants the mother custody of both male and female children until they reach eighteen years of age. The Hague Convention on the Civil Aspects of International Child Abduction has been acceded to by Iraq but does not apply between Iraq and the UK, complicating cross-border custody disputes. No specific licensing regime exists for custodial arrangements; however, the Iraqi Securities Commission issued a custodian license to three banks in October 2022, which pertains more to financial custody than parental custody. The practical reality involves court proceedings that can take three to six months, with mediation options available through lawyers or Imams when parents cannot agree. Support organizations like Reunite provide UK-based assistance for international parental child abduction cases.

Regulatory Framework

• Regulatory Bodies: Iraq Securities Commission (ISC)
  • Website: https://isc.gov.iq
• Primary Legislation: Iraqi Personal Status Law, Law No. 148 of 1971 (amended).
  • Official Number: 148/1971
  • Source: https://www.gov.uk/government/publications/iraq-child-abduction/iraq-child-abduction
• International Standing: Iraq has acceded to the 1980 Hague Convention on Civil Aspects of International Child Abduction but it is not in force between Iraq and the UK.
  • Source: https://www.gov.uk/government/publications/iraq-child-abduction/iraq-child-abduction

Licensing Requirements

• Entities Requiring License: No specific licensing is required for parental custody.
  • Source: https://isc.gov.iq/en/pages/263
• Activities Requiring Licensing: Custodian license issued to three Iraqi banks (International Development Bank, Islamic Bank of Iraq, and National Bank of Iraq) by the Iraq Securities Commission on October 20, 2022.
  • Capital Requirements: Not applicable for parental custody.
  • Application Process & Timeline: N/A for parental custody; bank licensing process detailed in the ISC announcement.
  • Structural Requirements: Compliance with SEC regulations; no direct relevance to parental custody.
  • Entities Licensed: International Development Bank, Islamic Bank of Iraq, National Bank of Iraq.
  • Source: https://isc.gov.iq/en/pages/263

AML/KYC Requirements

• CDD, EDD, STR Reporting: No specific AML/KYC framework for parental custody; financial institutions must comply with the Iraq Securities Commission’s anti-money laundering requirements.
  • Source: https://english.aawsat.com/arab-world/5286620-iraq-kick-crackdown-money-laundering
• Record Retention, Beneficial Ownership, PEP Screening: Not applicable to parental custody; financial institutions must adhere to regulations set by the Integrity Commission and FATF.
  • Source: https://english.aawsat.com/arab-world/5286620-iraq-kick-crackdown-money-laundering

Enforcement Actions

• Penalties/Fines: No specific enforcement actions related to parental custody; penalties apply under financial and anti-corruption laws.
  • Source: https://english.aawsat.com/arab-world/5286620-iraq-kick-crackdown-money-laundering

Tax Treatment

• Tax Guidance: No specific tax guidance for virtual assets or parental custody; general income tax and capital gains apply per Iraqi tax law.
  • Source: https://www.gov.uk/government/publications/iraq-child-abduction/iraq-child-abduction

Key Gaps & Risks

• Regulatory Gaps: Lack of a dedicated licensing framework for parental custody; reliance on Personal Status Law.
  • Source: https://www.gov.uk/government/publications/iraq-child-abduction/iraq-child-abduction
• Practical Risks: International parental child abduction cases between Iraq and the UK face challenges due to non-application of the Hague Convention.
  • Source: https://www.gov.uk/government/publications/iraq-child-abduction/iraq-child-abduction

Sources

• Iraq International Parental Child Abduction Information
• Deaths of Detainees in the Custody of US Forces in Iraq and Afghanistan From 2002 to 2005 - PMC
• Iraq: child abduction - GOV.UK
• EUAA COI Query Response - Iraq: Divorce and Child Custody
• Slemani: KSC Addresses Concerns Over Controversial Amendments to Iraq’s Personal Status Law - New Amendments Spark Debate on Marriage Age, Custody Rights and Protections for Women and Children - Iraq | ReliefWeb
• Iraq: House of Representatives Approves Amendments to ...
• EUAA COI Query Response - Iraq: Divorce and Child Custody
• New Amendments Spark Debate on Marriage Age ...
• Iraq securities Commission grants custodian license to ...
• Iraq: House of Representatives Approves Amendments to ...
• EUAA COI Query Response - Iraq: Divorce and Child Custody
• New Amendments Spark Debate on Marriage Age ...
• Iraq to Kick off Crackdown on Money Laundering
• Iraq's Anti-Corruption Sweep Continues Iraqi judicial ...
• General Affairs – Embassy of the Republic of Iraq ...
• Iraq: child abduction