I. Introduction
In accordance with Order 65 of 2004, CMC is the sole entity responsible for issuing licenses for the use of telecommunication devices in Iraq and for allocating frequencies. CMChas developed a new method of type approval includes the procedures and standards required. Entities who are willing to import telecommunication devices shallapply for the CMC to obtain a permit for importation in accordance with the procedures described below.
II. Requirements for obtaining a temporary permit
Importers willing to importtelecommunication devices into Iraq shall meetthe following:
1. Must beformally registered with the Registrar of Companies and have a trademark registered with the Ministry of Industry /Directorate of Trademarks Registrar, and shall provide CMC with a Clearance Letter from the General Commission for taxes.
2 - For a temporary permit to import a specific kind of communicationdevices supplied to Iraq for the first time, Importers must submit a written request to CMC includes and accompanied by the following:
(A) Full description of the devices, accompanied units, and clarification of the brand name and model number.
(B) Detailed technical data, catalogs, and characteristics of connection with public telecommunication networksin both Arabic and English. If it is hard toobtain an Arabic version, then in English.
(C) Determination of the internationally recognized Standards, and adherence to the instructions, decisions and regulations issued and posted by the CMCon itswebsite.
(D) Manufacturer's Certificate (Certificate of Origin) which includes a pledge that the devices meet the specifications and standards set by ITU and ETSI. Such Certificate shall be signed by both the manufacturer and the Importer.
(E) A list ofcountries adopted the concerned type of devices. Such list shall include dates of adoption and shall be enhanced by identification documents which describe names, addresses of testing and quality control laboratories, and date of test in cases where devices have been tested in independent laboratories.
(F) Manufacturer's Declaration of Conformity, or an approved report encompasses the details and results of the laboratory tests, as well as the following details:
- Safety aspects
- EMC, EMI and RF test
- Health standards of the equipment
(G) Ifdevices to be importedlie within a project ofa governmental agency, Importermust then attach a letter from such agency demonstrates its ownership of these devices and identifies their nature, the nature of their use, and their serial numbers.
(H) Importer shall provide CMC with a sample to allow it to conduct tests. As for the wireless devices, additional procedures of such type of devices shall be followed in accordance with item (II-2 - B) herein.
3 – For a temporary permit to import a specific kind of communication devices previously supplied to Iraq, Importer must submit a written request to CMCincludes and accompanied by the following:
(A) Official documents to prove that the devices to be imported to Iraq had previously been approved by CMC. Based on such documents, CMC will take its appropriate decision whether to approve or reject.
(B) In the absence of such supporting documents, Importer shall follow the procedures described in item (II - 2 supra) on the devices supplied to Iraq for the first time.
III. Other Obligations:
1) CMC has the right to revoke the permit andto halt the use,sale or purchase of the imported devicesif and when it finds security or health reasons or so that require the stoppage of use, sale or purchaseof such devices for the public interest.
2) Importer shall bear compensations arising from any damage due to the use of such devices previously imported. The injured party has the right to resort to courts to claim compensation. Courts of Baghdadare competent to hear the cases.
3) Importer shall bear all damages caused by the discontinuation of the supply and sale of these devices previously imported, and shall be responsible for recalling any such devices from markets and replacing them with compatible ones in case defects erupt in devices that may cause poor performance.
4) Prior to importation of the approved devices, Importer shall notify CMC of any modifications to the import requestto gain CMC's approval.
5) Upon request, Importer shall provide CMC and the competent governmental authorities with an inventory of all devices supplied, entities who have purchased them, and installation sites.
6) Importer shall provide CMC with the types of the imported telecommunications devices and their serial numbers. It is impermissible to sell or supply telecommunications devices and accessories of whatever kind to any concerned party (whether governmental or private) without obtaining a frequency license from CMC in regard to these devices.
7) Upon the sale of these devices tobeneficiaries, for the purpose of use or re-sell, Importer shall take a pledge from such beneficiaries that they must adhere to all conditions set forth above, and shall retain a copy of such pledge for future reference if requested by CMC or other competent governmental authorities.
8) Compliance with any additional instructions issued by the Commission.
Note:CMC has the right to modify, add or delete any of items herein for the public interest.