billio0 Posted October 28, 2011 Report Share Posted October 28, 2011 Hi folks, Is there anyone here to point me in the right direction regarding our rights as US citizens to purchase and own the IQD? I have looked at the articles posted on the subject many times, but have yet to see the actual wording granting us here in America with such rights. Likewise, it is my understanding that such rights are supposedly identical to those of the Iraqi citizens. If this is also true it may open up a "can of worms" I won't go into for now. I just want to lay my own eyes on this material if it exists. Thanks to all. Link to comment Share on other sites More sharing options...
GMartin Posted October 28, 2011 Report Share Posted October 28, 2011 (edited) http://edocket.access.gpo.gov/2003/pdf/03-13412.pdf this is the order... Edited October 28, 2011 by GMartin 1 Link to comment Share on other sites More sharing options...
Unitedrich Posted October 28, 2011 Report Share Posted October 28, 2011 http://edocket.access.gpo.gov/2003/pdf/03-13412.pdf this is the order... Yup, you got it bro.... Link to comment Share on other sites More sharing options...
happygilmore Posted October 28, 2011 Report Share Posted October 28, 2011 http://edocket.access.gpo.gov/2003/pdf/03-13412.pdf this is the order... I don't see anything in that order. 1 Link to comment Share on other sites More sharing options...
KrispyKreme Posted October 28, 2011 Report Share Posted October 28, 2011 I don't see it Where does it talk about currency??????????? 1 Link to comment Share on other sites More sharing options...
billio0 Posted October 28, 2011 Author Report Share Posted October 28, 2011 (edited) I don't see anything in that order. Thanks for responding everyone. I have to agree with HappyGilmore in that I have looked over this many times, and even have it saved for further reference. But, I just don't read anything that specifically says it. I am certainly not in doubt of it actually being the case, otherwise no dealers would be allowed to sell here in the USA. I just want to locate the written evidence wherever it exists. What I suspect is probably the case is that it is embedded inside an earlier version of the E.O., or in a subsequent one. Either way, thanks again for commenting. Edited October 28, 2011 by billio0 Link to comment Share on other sites More sharing options...
Jaxinjersey Posted October 28, 2011 Report Share Posted October 28, 2011 I don't believe it is expressly stated the way you're looking for it... other than the implied permission to invest in Iraq, which would include the currency... validated by our current legal ownership, purchased/exchanged through legitimate dealers and of course, banks. There you have it! 1 Link to comment Share on other sites More sharing options...
Soup Posted October 28, 2011 Report Share Posted October 28, 2011 (edited) No special executive order or law is needed to hold IQD. Iraq sell IQD Internationally at the CBI auctions. They sell the IQD internationally, that means they will honor its value internationally. Edited October 28, 2011 by Soup 1 Link to comment Share on other sites More sharing options...
Kimberlye Posted October 28, 2011 Report Share Posted October 28, 2011 Thanks for responding everyone. I have to agree with HappyGilmore in that I have looked over this many times, and even have it saved for further reference. But, I just don't read anything that specifically says it. I am certainly not in doubt of it actually being the case, otherwise no dealers would be allowed to sell here in the USA. I just want to locate the written evidence wherever it exists. What I suspect is probably the case is that it is embedded inside an earlier version of the E.O., or in a subsequent one. Either way, thanks again for commenting. Hi BillioO, I too have heard/read on posts that it was legal for us to own dinar. What I'm wondering is if the above statement of yours is fact. It would seem to me that, if dealers can legally sell the currency, then we can legally own it. Right? Thanks, Kimberlye 1 Link to comment Share on other sites More sharing options...
zantac Posted October 29, 2011 Report Share Posted October 29, 2011 I believe the first draft order called on the USA citizens to be allowed to invest in Iraq. This then give the green light for all the currency sellers & speculators that we all become NOT anywhere in the order does it give specific details to owning the currency of Iraq, nor does it state you should hold or purchase the new IQD. It’s a game we play, a speculation that we all believed would pay off. Life’s a game so play it well. 2 Link to comment Share on other sites More sharing options...
sportfisher Posted October 29, 2011 Report Share Posted October 29, 2011 No special executive order or law is needed to hold IQD. Iraq sell IQD Internationally at the CBI auctions. They sell the IQD internationally, that means they will honor its value internationally. which auctions are you refering to? got a link? 1 Link to comment Share on other sites More sharing options...
darleneR Posted October 29, 2011 Report Share Posted October 29, 2011 Hi folks, Is there anyone here to point me in the right direction regarding our rights as US citizens to purchase and own the IQD? I have looked at the articles posted on the subject many times, but have yet to see the actual wording granting us here in America with such rights. Likewise, it is my understanding that such rights are supposedly identical to those of the Iraqi citizens. If this is also true it may open up a "can of worms" I won't go into for now. I just want to lay my own eyes on this material if it exists. Thanks to all. IT IS A CURRENCY AND YOU CAN PURCHASE ANY CURRENCY...PEOPLE TRAVEL ALSO WITH ANY CURRENCY..YOU CAN PURCHASE AT THE AIRPORTS... 3 Link to comment Share on other sites More sharing options...
FOUNDIT Posted October 29, 2011 Report Share Posted October 29, 2011 The point is you must acknowledge your dinar as an investment to be protected by the executive order 13303.You are investing in IRAQ simply by buying the dinar. 2 1 Link to comment Share on other sites More sharing options...
easyrider Posted October 29, 2011 Report Share Posted October 29, 2011 The point is you must acknowledge your dinar as an investment to be protected by the executive order 13303.You are investing in IRAQ simply by buying the dinar. exactly i dont understand why people freak out i mean for god sakes they are selling it and buying it back and local banks. 3 3 Link to comment Share on other sites More sharing options...
billio0 Posted October 29, 2011 Author Report Share Posted October 29, 2011 Hi BillioO, I too have heard/read on posts that it was legal for us to own dinar. What I'm wondering is if the above statement of yours is fact. It would seem to me that, if dealers can legally sell the currency, then we can legally own it. Right? Thanks, Kimberlye Hi Kimberlye, Seems I've started another firestorm with my question here. I am certain it is legal for US citizens to buy and own IQD. That was not my question, and I'm sorry if some folks misunderstood. What I simply wanted to know was where in the Executive Order #13303 it was stated. I have never read it there, and just wondered if anyone more knowledgeable than me (which doesn't take much) knew where to find it. If it were illegal for us to own it, then we could never have purchased it in the first place because the dealers and banks would never have been allowed to sell it. A good analogy would be drugs. There are people who sell drugs and people who buy them. Most drugs are legal, and some require a prescription to buy, but a few are not. Those that are not are obviously not licensed to be sold, but that doesn't keep people who want to buy and sell them from doing so. They just take the risks and hope they don't get caught. We can buy IQD any day of the week from licensed dealers, and even some banks when they are open for business. That is a fact we already know. Otherwise, none of us would even be here. I just had hoped that such a simple question would get me a simple answer, but that seems to not be the case. Anyway, thanks to all who tried to help answer the question. And, my apologies to any who felt that I meant anything illegal was happening with us owning IQD. Sorry! And yes Kimberlye, I too heard it said many times that it was a part of that specific Executive Order, which is why I asked the question. Link to comment Share on other sites More sharing options...
caughtinthecrossfire Posted October 29, 2011 Report Share Posted October 29, 2011 I got over half of my own from a military cash cage...still have the reciepts Guess if I go down...I'm takin ol Sammy boy wit meh!! jkjk...anyway...there must be SOME document stating it specifically if military is allowed to sell it to civilians. Yes, that would be in country where I purchased it, however, it is still considered a U.S. military base and subject to U.S. law. Other than my civilian driver's license for I.D., no other was required. I would think special provisions outside of the general order would INDEED require special permissions. Guess there's another document out there in cyberspace somewhere, lol. G'luk on the hunt for it, billio0 1 Link to comment Share on other sites More sharing options...
Carrello Posted October 30, 2011 Report Share Posted October 30, 2011 (edited) BillioO: This is what you need (the smiley face in shades is not mine). "The Coalitiation Provisional Authority" (CPA). In particular, CPA Order #39. The CPA is a subordinate office to the U.S. Dept of Defense. http://en.wikipedia.org/wiki/Coalition_ ... _Authority http://www.iraqcoalition.org/regulations/ COALITION PROVISIONAL AUTHORITY ORDER NUMBER 39 FOREIGN INVESTMENT Pursuant to my authority as Administrator of the Coalition Provisional Authority (CPA) and the laws and usages of war, and consistent with relevant U.N. Security Council resolutions, including Resolution 1483 (2003), Having worked closely with the Governing Council to ensure that economic change occurs in a manner acceptable to the people of Iraq, Acknowledging the Governing Council's desire to bring about significant change to the Iraqi economic system, Determined to improve the conditions of life, technical skills, and opportunities for all Iraqis and to fight unemployment with its associated deleterious effect on public security, Noting that facilitating foreign investment will help to develop infrastructure, foster the growth of Iraqi business, create jobs, raise capital, result in the introduction of new technology into Iraq and promote the transfer of knowledge and skills to Iraqis, Recognizing the problems arising from Iraq's legal framework regulating commercial activity and the way in which it was implemented by the former regime, Recognizing the CPA'ss obligation to provide for the effective administration of Iraq, to ensure the well being of the Iraqi people and to enable the social functions and normal transactions of every day life, Acting in a manner consistent with the Report of the Secretary General to the Security Council of July 17, 2003, concerning the need for the development of Iraq and its transition from a non-transparent centrally planned economy to a market economy characterized by sustainable economic growth through the establishment of a dynamic private sector, and the need to enact institutional and legal reforms to give it effect, Having coordinated with the international financial institutions, as referenced in paragraph 8(e) of the U.N. Security Council Resolution 1483, In close consultation with and acting in coordination with the Governing Council, I hereby promulgate the following: CPA/ORD/19 September 2003/39 2 Section 1 Definitions 1)“Administrator means the Administrator of the Coalition Provisional Authority. 2) “Business entity means any entity constituted or organized by law of any country, including, but not limited to, any corporation, partnership, joint venture, firm, enterprise, State-owned enterprise, organization, or other similar entity. 3) “Foreign investment means investment by a foreign investor in any kind of asset in Iraq, including tangible and intangible property, and related property rights, shares and other forms of participation in a business entity, and intellectual property rights and technical expertise, except as limited by Section 8 of this Order. 4) “Foreign investor means: (a) a business entity constituted or organized under the law of a country other than Iraq; ( a natural person who is (i) a national of a country other than Iraq, (ii) a stateless person not residing permanently in Iraq, or (iii) a national of Iraq residing permanently outside of Iraq; or © a business entity constituted or organized by any of the above under the law of Iraq; that is making or has made an investment in Iraq. 5) “Iraqi investor means: (a) a business entity constituted or organized under the law of Iraq other than by a foreign investor; or a natural person who is (i) a national of Iraq residing permanently in Iraq, or (ii) a stateless person residing permanently in Iraq; that is making or has made an investment in Iraq. Section 2 Purposes This Order promotes and safeguards the general welfare and interests of the Iraqi people by promoting foreign investment through the protection of the rights and property of foreign investors in Iraq and the regulation through transparent processes of matters relating to foreign investment in Iraq. This Order specifies the terms and procedures for making foreign investments and is intended to attract new foreign investment to Iraq. Section 3 Relation to Existing Iraqi Law 1) This Order replaces all existing foreign investment law. CPA/ORD/19 September 2003/39 2) This Order is subject to revision by the Administrator, or to adoption or replacement by an internationally recognized, representative government established by the people of Iraq. 3) Future Orders or other guidance will be issued concerning various sectors of the economy. Section 4 Treatment of Foreign Investors 1) A foreign investor shall be entitled to make foreign investments in Iraq on terms no less favorable than those applicable to an Iraqi investor, unless otherwise provided herein. 2) The amount of foreign participation in newly formed or existing business entities in Iraq shall not be limited, unless otherwise expressly provided herein. Section 5 Trade Offices & Branches A foreign investor may open trade representation offices and branches in Iraq; such offices and branches shall be registered with the Iraqi Registrar of Companies. Section 6 Areas of Foreign Investment 1) Foreign investment may take place with respect to all economic sectors in Iraq, except that foreign direct and indirect ownership of the natural resources sector involving primary extraction and initial processing remains prohibited. In addition, this Order does not apply to banks and insurance companies. 2) Foreign investment may take place in all parts of Iraq. 3) A foreign investor shall be prohibited from engaging in retail sales, unless at least 30 days prior to engaging in such retail sales such foreign investor deposits $100,000 in a non-interest-bearing account in a properly licensed Iraqi bank located in Iraq pursuant to procedures to be promulgated by the Ministry of Trade. Once a deposit is made pursuant to its procedures, the Ministry of Trade shall issue documentation to the foreign investor reflecting the authorization to engage in such retail sales. Such deposit must be maintained during the entire time that the foreign investor is engaged in retail sales; provided however, it shall be returned upon the request of the foreign investor at the completion of the retail sales activity. CPA/ORD/19 September 2003/39 Section 7 Implementing Foreign Investment 1) A foreign investor may implement foreign investment using, among other things, freely convertible currencies or Iraqi legal tender, in the following forms: a) establishing a wholly foreign-owned business entity in Iraq, including as a subsidiary of a foreign investor; establishing a business entity jointly with an Iraqi investor; c) establishing a branch office, as set forth in Section 5 herein; and d) directly acquiring an investment. 2) A foreign investor shall be authorized to: a) possess, use, and dispose of its investments; manage or participate in managing a business entity; c) transfer its rights and obligations to other persons in accordance with the law; d) transfer abroad without delay all funds associated with its foreign investment, including: i) shares or profits and dividends; ii) proceeds from the sale or other disposition of its foreign investment or a portion thereof; iii) interest, royalty payments, management fees, other fees and payments made under a contract; and iv) other transfers approved by the Ministry of Trade; e) exercise any other authority conferred upon it by law. 3) The Finance Minister and the Minister of Planning may jointly issue regulations to assist in the implementation of this Order. CPA/ORD/19 September 2003/39 5 Section 8 Use of Real Property 1) After the date of this Order, unless otherwise permitted by law, a foreign investor or a business entity with any level of foreign investor participation may not under any circumstances purchase the rights of disposal and usufruct of private real property. 2) The duration of any license to use property shall be determined by the duration of operations related to the foreign investment. The initial term of a license shall not exceed 40 years, but may be renewed for further such periods. Licenses may be reviewed by the internationally recognized, representative government established by the people of Iraq upon its assumption of the responsibilities of the CPA. 3) If a business entity that is owned or controlled by a foreign investor or foreign investors is dissolved before the expiration of the license or lease, then the license or lease shall be terminated at the time of such dissolution. Section 9 Insurance A foreign investor shall be permitted to obtain insurance coverage for all aspects of its operation from any foreign or Iraqi source deemed appropriate by the foreign investor. Section 10 Dispute Settlement Disputes between a foreign investor and an Iraqi investor pertaining to investment in Iraq, or between a foreign investor and an Iraqi legal or natural person, shall be resolved in accordance with the dispute resolution provisions contained in any applicable written agreement governing the relationship between the parties. The parties may elect in any agreement to utilize the arbitration mechanisms outlined in Iraqi law. Section 11 Dissolution of Entities 1) Within 14 days from the date of adopting a resolution or other instrument terminating the operations of a business entity that is owned or controlled by a foreign investor or foreign investors, the business entity with foreign investment shall submit the resolution or other instrument to the Iraqi Registrar of Companies. 2) Upon termination of operations and dissolution of the business entity with any level of foreign investment, any such foreign investor shall, consistent with Section 7 of this Order, have the right to transfer profits from the sale or liquidation to any foreign location, or as provided in a written agreement between the foreign investor and an Iraqi investor, provided that all amounts owed by such business entity to the government of Iraq and all Iraqi creditors have been paid in advance of the transfer. Section 12 Tax Treatment The Administrator may issue further orders to address the tax treatment of income derived from a foreign investment that is reinvested in a business entity in Iraq. Section 13 Treatment of Investors No legal text that impedes the operation of this Order shall hold and all investors, foreign and Iraqi, shall be treated equally under the law, except as otherwise specifically provided in this Order. Section 14 International Agreements Where an international agreement to which Iraq is a party provides for more favorable terms with respect to foreign investors undertaking investment activities in Iraq, the more favorable terms under the international agreement all apply. Section 15 Evasion Violations of Sections 6(3) and 8(1) of this Order may serve as a basis for suspension or cancellation of the rights of a foreign investor in Iraq that arise under this Order. Section 16 Entry into Force on the date of signature. Paul Bremer, Administrator Coalition Provisional Authority CP A/ORD/19 September 2003/39 6 Edited October 30, 2011 by Carrello 1 Link to comment Share on other sites More sharing options...
Carrello Posted October 30, 2011 Report Share Posted October 30, 2011 Hi folks, Is there anyone here to point me in the right direction regarding our rights as US citizens to purchase and own the IQD? I have looked at the articles posted on the subject many times, but have yet to see the actual wording granting us here in America with such rights. Likewise, it is my understanding that such rights are supposedly identical to those of the Iraqi citizens. If this is also true it may open up a "can of worms" I won't go into for now. I just want to lay my own eyes on this material if it exists. Thanks to all. Executive Order 13303 dealt with the protection of oil CPA 39 dealt specifically with investments and holding currency, which I included and bolded the applicable section, Section 7. I hope this answers your questions. Carrello 1 Link to comment Share on other sites More sharing options...
HopefulTxn Posted October 30, 2011 Report Share Posted October 30, 2011 (edited) BillioO: This is what you need (the smiley face in shades is not mine). "The Coalitiation Provisional Authority" (CPA). In particular, CPA Order #39. The CPA is a subordinate office to the U.S. Dept of Defense. http://en.wikipedia.org/wiki/Coalition_ ... _Authority http://www.iraqcoalition.org/regulations/ CPA Order 39 is no longer valid legislation in Iraq. After the CPA was dissolved in 2004, the newly formed Iraqi government was allowed to create their own laws. In 2006 they passed their own investment law ( LINK ) in which they specifically revoked CPA Order 39 in Article 34: Article 34 The (dissolved) CPA Order No. 39 of 2003 shall be revoked. The issue is that we are not really 'investors', we are currency speculators and are subject to the laws governing their currency, as well as the laws in our country that state whether we have the rights to conduct financial transactions, which is all we are doing, with Iraq. Once Iraq (as a whole) was removed from OFAC (EO's 13315 & 13350), unless the person or business you were dealing with was listed on the SDN (Specially Designated Nationals) list, there was no problem with anyone in the US from speculating on the dinar. Edited October 30, 2011 by HopefulTxn 1 Link to comment Share on other sites More sharing options...
rulesforrebels Posted October 30, 2011 Report Share Posted October 30, 2011 IT IS A CURRENCY AND YOU CAN PURCHASE ANY CURRENCY...PEOPLE TRAVEL ALSO WITH ANY CURRENCY..YOU CAN PURCHASE AT THE AIRPORTS... U cant own any currency there are sanctioned coutries Link to comment Share on other sites More sharing options...
billio0 Posted October 31, 2011 Author Report Share Posted October 31, 2011 (edited) Executive Order 13303 dealt with the protection of oil CPA 39 dealt specifically with investments and holding currency, which I included and bolded the applicable section, Section 7. I hope this answers your questions. Carrello Thanks so much Carrello for the information. I have wondered about this issue for quite a long time, and after having reviewed the actual executive order many times, I just couldn't make any sense of why it was being referenced in regard to US citizens being granted the right to purchase and own IQD. Of course, I knew it was always legal to do so here, but just wanted to read the provision that everyone kept talking about. Seems I'm not the only one with such curiosity on the subject. Now, all we need is to live to see our investment fully mature to the value it should be, which would give us all a nice healthy profit. Thanks again. CPA Order 39 is no longer valid legislation in Iraq. After the CPA was dissolved in 2004, the newly formed Iraqi government was allowed to create their own laws. In 2006 they passed their own investment law ( LINK ) in which they specifically revoked CPA Order 39 in Article 34: Article 34 The (dissolved) CPA Order No. 39 of 2003 shall be revoked. The issue is that we are not really 'investors', we are currency speculators and are subject to the laws governing their currency, as well as the laws in our country that state whether we have the rights to conduct financial transactions, which is all we are doing, with Iraq. Once Iraq (as a whole) was removed from OFAC (EO's 13315 & 13350), unless the person or business you were dealing with was listed on the SDN (Specially Designated Nationals) list, there was no problem with anyone in the US from speculating on the dinar. Hi HopefulTxn, Thanks for the additional information on my question about E.O. 13303 and our right as US citizens to own IQD. I hope you didn't think I was questioning our rights here. I just wanted to lay eyes on the facts as printed, no matter where they happen to lead. Likewise, I hope that the information provided by Carrello has been helpful to others too. You both have the kind of personalities I happen to admire here at DV. Please keep it up, at least until we see the RV. Billio0 Edited October 31, 2011 by billio0 Link to comment Share on other sites More sharing options...
Carrello Posted October 31, 2011 Report Share Posted October 31, 2011 CPA Order 39 is no longer valid legislation in Iraq. After the CPA was dissolved in 2004, the newly formed Iraqi government was allowed to create their own laws. In 2006 they passed their own investment law ( LINK ) in which they specifically revoked CPA Order 39 in Article 34: Article 34 The (dissolved) CPA Order No. 39 of 2003 shall be revoked. The issue is that we are not really 'investors', we are currency speculators and are subject to the laws governing their currency, as well as the laws in our country that state whether we have the rights to conduct financial transactions, which is all we are doing, with Iraq. Once Iraq (as a whole) was removed from OFAC (EO's 13315 & 13350), unless the person or business you were dealing with was listed on the SDN (Specially Designated Nationals) list, there was no problem with anyone in the US from speculating on the dinar. Well, there you go. Thank you for the update. Link to comment Share on other sites More sharing options...
betsy1949 Posted October 31, 2011 Report Share Posted October 31, 2011 Hi folks, Is there anyone here to point me in the right direction regarding our rights as US citizens to purchase and own the IQD? I have looked at the articles posted on the subject many times, but have yet to see the actual wording granting us here in America with such rights. Likewise, it is my understanding that such rights are supposedly identical to those of the Iraqi citizens. If this is also true it may open up a "can of worms" I won't go into for now. I just want to lay my own eyes on this material if it exists. Thanks to all. Since you can walk into a large number of banks in US and buy the dinar, I would not worry about the legality of it. All of my dinar, a couple million dinar, I have purchased at my local first convenience bank. If there was any question of legality, they would not have sold to me so readily. It is not as though we are buying it at a black market. Link to comment Share on other sites More sharing options...
Carrello Posted October 31, 2011 Report Share Posted October 31, 2011 Since you can walk into a large number of banks in US and buy the dinar, I would not worry about the legality of it. All of my dinar, a couple million dinar, I have purchased at my local first convenience bank. If there was any question of legality, they would not have sold to me so readily. It is not as though we are buying it at a black market. Betsy, BilioO is not asking about the legality. It is pretty obvious that purchasing IQD is legal to purchase here in the US, or due to the terrorism laws, all of us would be in jail or under surveilance, at least. His question was where was the clause in the EO. "....Seems I've started another firestorm with my question here. I am certain it is legal for US citizens to buy and own IQD. That was not my question, and I'm sorry if some folks misunderstood. What I simply wanted to know was where in the Executive Order #13303 it was stated..." Link to comment Share on other sites More sharing options...
Kimberlye Posted October 31, 2011 Report Share Posted October 31, 2011 Executive Order 13303 dealt with the protection of oil CPA 39 dealt specifically with investments and holding currency, which I included and bolded the applicable section, Section 7. I hope this answers your questions. Carrello Thank you, Carrello, for finding it and posting it. I too was curious if it really was written down anywhere. I'm thinking the part below says it all. 2) A foreign investor shall be authorized to: a) possess, use, and dispose of its investments; Read more: Happy Monday, Kimberlye Link to comment Share on other sites More sharing options...
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