Declaration of Wafaa Muneer, Iraqi Ministry of Defense (Dkt. 406-2)

Case 1:10-cv-01182-RCL Document 406-2 Filed 04/12/19 Page 1 of 239
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA
)
WYE OAK TECHNOLOGY, INC. )
)
Plaintiff )
)
v. ) Civil No. 10-cv-1182 (RCL)
)
REPUBLIC OF IRAQ, et al., )
)
Defendants. )
)
DECLARATION OF MRS. WAFAA MUNEER
Pursuant to 28 U.S.C. § 1746, I declare as follows:
1. My name is Mrs. Wafaa Muneer.
2. I am same Mrs. Wafaa Muneer who, among other things: (a) is a Senior Manager
of Foreign Litigation at the Legal Department of the Iraqi Ministry of Justice (“MoJ”); (b) in this
action provided discovery responses on behalf of Defendants Republic of Iraq (“Iraq”), including
sworn interrogatory answers; and (c) gave sworn trial testimony in this action through my de
bene esse deposition taken in Alexandria, Virginia in February 2019. I have personal knowledge
of the matters stated herein.
3. I have received and read a copy of Plaintiff Wye Oak’s Motion for Sanctions and
Memorandum in Support of Its Motion for Sanctions and for Adverse Inferences Concerning
Defendants’ Discovery Misconduct [ECF #390] and related documents (collectively, the
“Sanctions Motion”).
4. I give this declaration based upon my personal knowledge to address certain
statements in the Sanctions Motion pertaining to: (a) Iraq’s responses to discovery directed to
Iraq; and (b) factual representations by Defendants’ counsel (made in papers filed with the
-1-
Court) that Wye Oak has alleged are erroneous or false. I address these matters in the order that
Wye Oak has presented them in the Sanctions Motion.
5. Defendant Republic of Iraq made a diligent search for documents within its
possession and control that were responsive to Wye Oak’s discovery requests, as further detailed
below. To be clear about Defendant Iraq’s and Defendant Ministry of Defense’s respective
discovery obligations in this case, MoD has the obligation and responsibility to search for and
produce responsive documents that would be and are in the possession, custody and control of
MoD. The Ministry of Justice, as the legal representative of Iraq, has the obligation and
responsibility to search for and produce responsive documents that are within the possession and
control of the Office of the Prime Minister and the Council of Ministers (among other offices).
Documents Relating to Laws or Decrees Prohibiting Scrap Exports and Scrap Sales and
Scrap Prohibitions
6. Upon receipt of Wye Oak’s discovery requests for documents relating to laws or
decrees pertaining to the prohibition on scrap exports and scrap sales by Ministries, I conducted a
diligent search at the Council of Ministers and at the Ministry of Trade, and ultimately at the
Ministry of Industry and Minerals, for documents responsive to that request. As a result of my
continuing investigation. Iraq produced those documents to Wye Oak promptly upon discovery
(including in February 2019).
7. I have no reason to believe that any other responsive documents exist within the
possession, custody or control of Defendant Iraq, including no reason to believe that Defendant
Iraq ever had within its possession, custody or control any documents relating to Wye Oak’s
claim that there “was ample global and even local demand at prevailing global market rates for
all available MOD scrap from mid-August, 2004, through mid-August, 2007. I was aware
during discovery that Wye Oak had admitted that Wye Oak had not concluded any sales
-2-
contracts with MoD for scrap. Accordingly, there would be no records at the Ministry of Trade
or elsewhere of any application for a scrap export license (or any license) for any MoD scrap
sales “customer” under the Broker Services Agreement. I further note that the Council of
Minister’s December 2004 decision prohibiting all ministries from selling scrap to any private
entity, and further requiring the delivery of all excess scrap free of charge to the State-Owned
companies of the Ministry of Industry and Minerals was addressed to “all Ministers” (which
includes the Minister of Defense). As a matter of Iraqi law, this Council of Ministers (CoM)
decision is binding on all Ministries, including MoD, regardless of whether or not a document
was produced by MoD showing MoD’s receipt of such CoM decision. In sum, on this issue
there are no other responsive documents within the possession, custody or control of Defendant
Iraq.
No Lawsuits Against Iraq or MoD by GIG
8. As Senior Manager of Foreign Litigation, I am highly experienced in the
mandatory international legal processes by which the Ministry of Justice receives notice of a
lawsuit filed against an Iraqi governmental entity. At the request of the foreign litigant, the
foreign sends a copy of the court papers (such as a summons and complaint) to the Iraqi Ministry
of Foreign Affairs (MoFA) in Baghdad. MoFA then provides the court papers to the Ministry of
Justice legal department. If GIG had initiated a lawsuit against MoD or Iraq in a foreign court,
MoJ would have learned of it in this way. Similarly, for domestic litigation against MoD, the
Iraqi court issues court papers to MoD, which are received and acted upon by the MoD legal
department. Accordingly, there is no need to search to determine if GIG had filed a foreign or
domestic lawsuit concerning the work done for MoD. No such documents exist within MoJ.
-3-
Requests Concerning Criminal Investigations and Criminal Court Proceedings
9. During the course of this litigation, Defendant Iraq did not have and does not now
have within Defendant Iraq’s possession, custody or control any of the confidential criminal
investigation and confidential court records relating to former Defense Minister Hazim Al-
Shalan, former MoD Secretary General Bruska Shaways, former MoD advisor Mishal Al-Sarraf,
former MoD procurement chief Ziad Cattan. The laws of Iraq prohibit the release of such
confidential records (even in the context of discovery in foreign civil litigation in which Iraq is a
party). As to the publicly-available documents concerning court proceedings, I append those
documents at Attachment 1 to this Declaration. Also, I append at Attachment 2 true and correct
copies of Articles 322 to 341 of the Law of Punishment (Law No. 111 of 1969), which include
the Articles of the Law of Punishment for which the former MoD officials were convicted of
corruption. There is no indication that the court charges brought against these individuals
involved any aspect of the Wye Oak program, or involved Raymond Zayna or GIG.
Requests Regarding Electronic Records
10. No electronic records responsive to Wye Oak’s discovery requests exist, and,
therefore, no search was required for emails or other electronic records.
11. During the term of the Wye Oak contract and the events at issue in this litigation,
the records of Defendants Iraq and MoD were kept in paper (hard copy) form.
Preservation of Records
12. It is the law as well as the policy and practice of each Ministry and Iraqi
governmental office to preserve records for an extended period of years, in accordance with the
following laws: (1) the Law of Preservation of Documents (Law No. 70 of 1983), in effect
through 2016; and (2) the Law of Preservation of Documents (Law No. 37 of 2016). I attach true
-4-
and correct copies of these laws to this declaration at Attachment 3 (Law No. 70 of 1983) and at
Attachment 4 (Law No. 37 of 2016). Under these laws and the policies and practices, records
that existed in 2004 would have continued to exist through 2012 and thereafter (including the
period of this litigation), absent exceptional circumstances such as theft of records, or terrorist
attacks on Ministries (such as the Ministry of Foreign Affairs) that have resulted in fires and
destruction of records. The records of the Council of Ministers, the Ministry of Trade and the
Ministry of Industry and Minerals from 2004 and thereafter are archived, accessible and
retrievable.
Visa Status of Mrs. Wafaa Muneer and Mr. Ali Talib
13. In February 2018, neither I nor Mr. Ali Talib had U.S. visas in February 2018,
neither of us was available to come to the United States for Rule 30(b)(6) depositions on the
noticed dates.
14. The process of obtaining a U.S. visa for official travel involves the following
steps, which require more than 30 days to accomplish: (a) the Ministry of Justice must request
the Ministry of Foreign Affairs to send a diplomatic note to the US Consul General documenting
the governmental purpose and dates of travel for each official who is traveling; (b) the Ministry
of Foreign Affairs must issue the diplomatic note to the US Consul General in Baghdad; (c) the
official then must apply online for the US visa; (d) the official must go to the US consulate for
the visa interview; and (e) the US consulate issues the visa. Please see request documents
appended at Attachment 5.
15. My and Mr. Talib not having a US visa in February 2018 prevented us from
attending the Rule 30(b)(6) depositions in Washington D.C. as noticed. However, I and Mr.
-5-
Talib were ready, willing and able to be deposed at the Iraqi Consulate in Istanbul, Turkey as
early as March 2018.
16. As to Defendants’ Motion for de bene esse deposition in Cairo, Egypt, the
absence of holding a U.S. visa was not material to the motion. The motion was premised on Mr.
Talib and I being resident in Baghdad.
Representations by Defendants Counsel in Status Reports
17. When, during my de bene esse deposition, Wye Oak counsel asked me questions
about (a) delays in production of documents owing to the time needed for translation; and (b)
about delays attributable to the change in the Minister of Justice, I replied to the best of my
knowledge. However, my knowledge of these matters is limited. I was not the MoJ Legal
Department official that communicated with Mr. Mills concerning the representations made in
Defendants’ status reports to the Court. The Director General of the MoJ Legal Department
handled those matters, including communications of facts and circumstances to Attorney Mills.
Grounds for Withdrawal of Maggs & McDermott LLC and Its Attorneys as Counsel of
Record
18. During my deposition, I was asked whether the Ministry of Justice had become
non-responsive to Mr. Mills on discovery matters. Once again, I replied to the best of my
knowledge. However, that knowledge is incomplete, as I was not the MoJ Legal Department
official that communicated with Mr. Mills concerning these matter. The Director General of the
MoJ Legal Department handled those matters.
Representations of “Continuing Investigation” Made in Defendant Iraq’s Discovery

Responses
19. I made certain representations in Defendant Iraq’s discovery responses that
investigation was continuing. Such representations were accurate.
-6-
ATTACHMENT 1
Publicly-Releasable Records of Iraqi Criminal Court

Charges and Dispositions Pertaining to
Former Minister of Defense Hazim Al-Shalan
Former MoD Secretary General Bruska Shaways
Former MoD Procurement Chief Ziad Cattan
Former MoD Budget and Programs Director General Dr. Sawsan Jassim
Others
A. Decision No. 862, dated 16 June 2010 sentencing former Defense Minister Hazim Al-Shalan
to seven years imprisonment according to Article 340 of the Iraqi Penal Code (Arabic);
English Language Translation
B. Decision No. 899, dated 11 August 2011, concerning convicted fugitives former Defense
Minister Hazim Al-Shalan, Sabah Ali Ghalib (former MoD employee), Emad Jandil (former
MoD employee), Matroud Al-Zuhairi and Ghalib Hamid Tawfiq
(former MoD General Advisor) (Arabic); English Language Translation
C. Decision No. 998, dated 11 August 2011, finding that Hazim Al-Shalan, Sabah Ali Ghalib,
Emad Jandil Matrood and Ghalib Tawfiq are indicted and convicted of the offense of illegally
allocating residential territories to persons other than those legally-authorized such residences
(that is, military, police, governors, mayors, district managers, municipalities managers, and
officers in the Ministry of Interior) (Arabic); English Language Translation
D. Decision No. 1682, dated 2 September 2010, sentencing in absentia former Defense Minister
Hazim Al-Shalan, former MoD procurement chief Ziad Cattan and former MoD Budget and
Programs Department Director General Sawsan Jasim, for violation of Iraqi Penal Code Article
340 in relation to the defendants cashing the amount of $4,332,500 on an MoD contract with US-
Iraqi Group (unrelated to Raymond Zayna or GIG) for the purpose of subsistence in the City of
Fallujah for the period 26 December 2004 until 26 February 2005, contrary to the financial,
accounting and legal rules, causing deliberate damage to
the Ministry of Defense (Arabic); English Language Translation
E. Decision No. 2538, dated 24 December 2014, indictment of Ziad Cattan, for violation of
Article 138 of the Iraqi Penal Code (Law of Punishment), for violating the responsibility given to
him as Secretary General of MoD, by the contract made for military staff with Skinz (a company
unrelated to GIG or Raymond Zayna) (Arabic); English Language Translation
-8-
MRS. WAFAA MUNEER DECLARATION

Attachment 1(A)
Iraqi Criminal Court Decision No. 862, dated 16 June 2010 sentencing former Defense
Minister Hazim Al-Shalan to seven years imprisonment according to Article 340 of the
Iraqi Penal Code (Arabic); English Language Translation

Attachment 1(B)
Iraqi Criminal Court Decision No. 899, dated 11 August 2011, concerning convicted
fugitives former Defense Minister Hazim Al-Shalan, Sabah Ali Ghalib (former MoD
employee), Emad Jandil (former MoD employee), Matroud Al-Zuhairi and
Ghalib Hamid Tawfiq (former MoD General Advisor) (Arabic);
English Language Translation
-2-

Attachment 1(C)
Iraqi Criminal Court Decision No. 998, dated 11 August 2011, finding that
Hazim Al-Shalan, Sabah Ali Ghalib, Emad Jandil Matrood and Ghalib Tawfiq are
indicted and convicted of the offense of illegally allocating residential territories to persons
other than those legally-authorized such residences (that is, military, police, governors,
mayors, district managers, municipalities managers, and
officers in the Ministry of Interior) (Arabic); English Language Translation
-3-
so the extracted evidence against the defendants "Hazim Katran Shaalan,

Sabah Ali Ghalib, Emad Jandil Matrood and Ghalib Tawfiq, the court
indicted them under the charge leveled against them and specify the
punishment and the decision was issued in absentia unanimously
subjected to rejection and appeal in accordance to Article 182/a and 243,
246 of the Iraqi Procedural Law and made in public at 11/08/2011.
Magistrate Magistrate Magistrate

Nasir Abd Nasir Jalil Salih Khalaf Khalid Sadam Muhsin
Member Member Chairman

Attachment 1(D)
Iraqi Criminal Court Decision No. 1682, dated 2 September 2010, sentencing in absentia
former Defense Minister Hazim Al-Shalan, former MoD procurement chief Ziad Cattan
and former MoD Budget and Programs Department Director General Sawsan Jasim, for
violation of Iraqi Penal Code Article 340 in relation to the defendants cashing the amount
of $4,332,500 on an MoD contract with US-Iraqi Group (unrelated to Raymond Zayna or
GIG) for the purpose of subsistence in the City of Fallujah for the period 26 December
2004 until 26 February 2005, contrary to the financial, accounting and legal rules, causing
deliberate damage to the Ministry of Defense (Arabic); English Language Translation
-4-
/ Case 1:10-cv-01182-RCL Document 406-2 Filed 04/12/19 Page 23 of 239
Republic of Iraq
Supreme Judiciary Council
Baghdad Appellate Court/ Federal Rusafa
Criminal court in AI-Adalla Palace / C3
No.: 1682/c3/2010
Date: 02/09/2010
Criminal court in Rusafa formed on 02/09/2010 chaired by magistrate

(Satar Warouar Essa) and membership of both magistrates (Riad Ali Abd
Al-Wahhab and Sarni Kata Alawi) authorized to judiciary and the people,
the court issued its following decision:
Complainant / Ministry of Defence
Defendants I Hazim Katran Shaalan Al-Khazali, Ziyad Tariq Abdullah

Al-Katan, and Sawsan Jasim Mohammed Al-Timimi/ their assigned
counsel (Ali Fadil Sultan)
1- Court sentenced to convicts Hazim Katran Shaalan, Ziyad Tariq

Abdullah Al-Katan, and Sawsan Jasim Mohammed Al-Timimi sentenced
to seven years for each one of them according to Article 340 of the Penal
Code, in terms of participation Articles 47, 48, and 49 from it.
2- Issuance of a warrant of arrest against to convicts Hazim Katran

Shaalan, Ziyad Tariq Abdullah Al-Katan and Sawsan Jasim Mohammed
Al-Timimi according to Article 340 of the Penal Code, in terms of
participation Articles 47, 48, 49 from it, with support of confiscation
movable and immovable property according to provisions of Article 212
of the Criminal Procedure Code.
3- Keeping to the complainant "Ministry of Defence" to demand the

compensation before the civil courts after gaining the decision of the
referee decisive degree.
4- Calculating attorney's fees amount seventy thousand Iraqi Dinars paid
to assigned counsel (Ali Fadil Sultan) from the state treasury after gaining
the decision of the referee decisive degree.
Republic of Iraq
Supreme Judiciary Council
Baghdad Appellate Court/ Federal Rusafa
Criminal court in AI-Adalla Palace / C3
No.: 1682/c3/2010
Date: 02/09/2010
Then the court gave all the minutes and addressed the charge to the
defendants in accordance with Article 340 of the Penal Code, in terms of
participation Articles 47, 48, and 49 from it, the court registered
innocence for them because they are fugitives and then the court listened
to consult of Public Prosecutor and to the testimony Undersecretary of
Defence and the committee in privacy consult for the deliberation and
audit, the court issued its following decision:
Decision:
When deliberation and auditing and what is a constant at the court of the
conduct of the primary, judicial and current trial investigation and it has
been shown that the facts of the case are summarized it for the period
26/12/2004 until 26/02/2005, the defendants each of Hazim Katran
Shaalan, Ziyad Tariq Abdullah Al-Katan, and Sawsan Jasim Mohammed
Al-Timimi in cashing amount (4.332.500)$ million USD on the contract
No. USMI-5CONTIGFOB.2 and signed between the Iraqi Ministry of
Defence and the US-Iraqi group under a bill of exchange No. 1333 in
10/03/2005 for the purpose of subsistence in city of Fallujah for the
period 26/12/2004 until 26/02/2005 contrary to financial, accounting and
legal rules, When they were in Iraqi Ministry of Defence has they caused
deliberate damage to the interests of the Ministry of Defence, the Court
reviewed on-going investigation into the Ministry of Defence -
Investigative Committee's No. minutes 1570 in 08/02/2009 under which
conviction of the defendants and in Board of Supreme Audit Report -
Auditing Department. After the audit, showing to this court that the
evidence obtained in the case is sufficient to sentence the defendants in
1ccordance with the charge article, because it represented by
;tdministrative investigation and report of Board of Supreme Audit.

Attachment 1(E)
Iraqi Criminal Court Decision No. 2538, dated 24 December 2014 (indictment of
Ziad Cattan) for violation of Article 138 of the Iraqi Penal Code (Law of Punishment)
(violation of the responsibility given to him as Secretary General of MoD), by the contract
made for military staff with Skinz (a company unrelated to GIG or Raymond Zayna)
(Arabic); English Language Translation
-5-
ATTACHMENT 2
True and Correct Copies of
Articles 322 to 341 of the Law of Punishment (Law No. 111 of 1969)
-9-
1:10-cv-01182-RCL Document 406-2 Filed 04/12/19 Page 33
Third Section: Employees Violating Terms of Employment
Article 322 – Any civil servant or person appointed to public service who arrests, imprisons or
detains a person under circumstances other than those provided by the law may receive a
punishment of imprisonment or incarceration not to exceed seven years.
The penalty is a jail or prison sentence that does not exceed ten years if the crime was
committed by a person wearing an official uniform that he was unauthorized to wear, making
false claims about his [official] position, or bearing a falsified order and claiming that it was
issued by authorities that have the right to issue it.
Article 323 – Any civil servant or person appointed to public service who punishes or orders the
punishment of a defendant with a punishment more severe than the sentence he received in
accordance with the law, or a penalty that [the defendant] did not received, while knowing that
his actions are contrary to the law, may receive punishment of imprisonment.
95
Article 324 – Any civil servant or person appointed to public service who has been tasked with
the management or guarding of stations, prisons, or other buildings designated for carrying out
penalties or precautionary measures who accepts a person without an order from the relevant
authority or refuses to execute an issued order to release or to retain [the individual] later than
the specified date for his arrest, detainment and imprisonment, may receive a punishment of
imprisonment.
Article 325 – Any civil servant or person appointed to public service who uses unpaid
individuals [to conduct] duties that are not related to public interest as prescribed by law or
regulation, or in other duties that are necessary, or forces the individuals to work in conditions
that are not allowed under the law, may receive a punishment of imprisonment. In addition to
the [aforementioned] sentence, he must pay the salaries owed to those whom he unlawfully
exploited.
Article 326 – [The following are] punishable by imprisonment, fine or both of these penalties:
Any civil servant or person appointed to public service who, using his [employment] position,
enters a person’s house or [house] additions without the permission of the person with the
authority [to order him to enter] or who prompts others to enter; this is not permitted under
the law or does not adhere to established procedures.
Any civil servant or person appointed to public service, who searches an individual, house, or
store without the approval of the person with the authority [to order him to do so] or who
prompts others to search, which is not permitted under the law and does not adhere to
established procedures, will receive the same penalties.
Article 327 – [The following are] punishable by imprisonment not to exceed three years, a fine
not to exceed three hundred dinars or one of the two penalties –
Any civil servant or person appointed to public service who discloses a matter to which he has
become aware in the context of his position to a person who should not have knowledge of it
may receive a punishment of imprisonment if the content of this disclosure harms the interest
of the state.
96
Anyone who has a construction or work contract with the government, as well as his agents or
workers, and discloses a matter to which he has become aware in the context of his work
contract, duties, will receive the same penalty. He is obligated to maintain confidentiality [of
the matter].
Article 328 – Any civil servant or employee in the post, telegraph, and telephone departments
and every civil servant or employee appointed to public service who opens, discards, or hides a
letter or telegraph that has been sent or received by the aforementioned departments, or
enables others to do so, or reveals confidential information from a letter or telegraph may
receive a punishment of imprisonment or incarceration not to exceed seven years.
He will receive the same punishment if he discloses what has been mentioned in a telephone
conversation or enables others to do so.
Article 329 – 1. Any civil servant or employee appointed to public service who exploits his
authority or position by stopping or disrupting the implementation of the orders issued by the
government or legal and regulatory rulings, or any other rulings, decisions issued by one of the
courts or any competent public authority or delaying the collection of funds or fees and such, as
legally determined, may receive a punishment of imprisonment, fine or one of these penalties.
2. Any civil servant or employee appointed to public service who refuses to implement a ruling
or decision issued by one of the courts or a relevant public authority within eight days of being
officially warned to implement it, may receive a punishment of imprisonment, provided that
the implementation of the ruling or decision is within his authority.
Article 330 – Any civil servant or employee appointed to public service who, without any
reason, fails to perform one of his job functions or purposefully violates one of his duties as a
result of a request, recommendation, intervention or any other illegal reason may receive a
punishment of imprisonment.
Article 331 – [The following is] punishable by imprisonment, fine, or one of the two penalties: -
97
Any civil servant or employee appointed to public service who purposefully violates the duties
of his position or willfully abstains from performing one of his tasks with the intent to harm the
interest of an individual, or with the intent of benefiting from an individual at a cost to another
[individual] or the state.
Article 332 – [The following is] punishable by imprisonment not to exceed one year and a fine
not to exceed one hundred dinars or one of these two penalties:
Any civil servant or employee appointed to public service who, exploiting his [employment]
position, treats a person harshly, violates his dignity or honor, or physically harms him. More
severe punishment, if prescribed by law, is not excluded.
Article 333 – Any civil servant or employee appointed to public service who tortures or orders
the torture of a defendant, witness, or expert to compel him to confess to a crime or to provide
statements or information about a crime, or to suppress a piece of information or to provide a
particular view regarding it may receive a punishment of imprisonment or jail. The use of force
or threats is included in the definition of torture.
Article 334 – [The following is] punishable by imprisonment, fine, or one of the two penalties: -
any civil servant or employee appointed to public service who exploits his [employment]
position to buy real estate or moveable property forcibly from its owner, seizes any asset or
violates [an individual’s] rights unlawfully, or forces the owner to conduct any action that [the
civil servant] mentions to him or any other person or [any action that] enables him to benefit
from it in any manner.
The seized item or its value must be returned, as there is no better form of ruling other than
compensation for those who have been harmed by an unnecessary crime.
Article 335 – Any civil servant or employee appointed to public service who, without any right,
exploits his [employment] position by seizing money, goods, a deed, or any other item in his
possession as a result of his position, or who facilitates such for others, may receive a
punishment of imprisonment not to exceed ten years. [Such actions] do not constitute
ownership.
98
Article 336 – 1. [The following are] punishable by imprisonment, fine, or one of the two
penalties:
Any civil servant or employee appointed to public service who violates through deceit or any
other illegal manner, the transparency or correctness of the bids and tenders related to the
government or organizations or companies in which the government has shares or those shares
that are managed by official and semi-official departments.
2. A person who is not a civil servants or employee appointed to public service is subject to the
same punishment if he commits the actions outlined in the previous paragraph.
3. He must pay back the equivalent of the losses that resulted from the action outlined in this
article.
not to exceed two hundred dinars, or one of these two penalties:
In accordance with their jobs, it is forbidden for any civil servant to engage in the trade of
anything other than the produce or yield of his own property or the property of his ancestors,
his descendants, his brothers, his sisters and his wife and anyone who is under his guardianship
and custody.
not to exceed two hundred dinars, or one of these two penalties:
Any civil servant or employee in an official or semi-official department who uses the authority
of his position to take for himself or for someone else from an individual without his consent
something that has no value or little value. He must also return what he has taken or pay its full
value, if it is not found in its original state.
Article 339 – Any civil servant or employee appointed to public service in charge of collecting
taxes or fees or fines and so one may receive a punishment of imprisonment not to exceed
seven years if, in carrying out his work of collections of proceeds or wages, or so on, asks,
collects or demands to receive what was not owed or [demands an amount] in excess of what is
owed knowingly. He must also return the amount collected illegitimately.
99
Article 340 – Any civil servant or employee appointed to public service who purposefully causes
harm to the finances or interests of the organization for which he works, or with which he is
connected as part of his job or to the finances of the individuals contracting with it, may receive
a punishment of imprisonment not to exceed seven years.
Article 341 – Any civil servant or employee appointed to public service who, as a result of his
grave mistake, causes significant harm to the finances and interests of the organization in which
he works and with which he communicates as part of his position or to the finances or interests
of the individuals contracting with it, may receive a punishment of imprisonment not to exceed
three years or a fine not to exceed three hundred dinars, if this was the result of his significant
neglect in his performance of his job or as a result of misuse of the authority or significant
neglect in the requirements of his position.
100
ATTACHMENT 3
True and Correct Copy of the Law of Preservation of Documents
(Law No. 70 of 1983)
-10-
Laws
Law number 729 Law number 730

In the Name of the People In the Name of the People
Revolutionary Leadership Council Revolutionary Leadership Council
As ratified by the National Council in accordance with As ratified by the National Council in accordance with
Article 52 of the provisional constitution and paragraph 2 of Article 53 of the provisional constitution and paragraph 2 of
Article 47 of the National Council Law number 55 for 1980, and Article 47 of the National Council Law number 55 for 1980, and
based on the provisions of paragraph A of Article 42 of the based on the provisions of paragraph 1 of Article 42 of the
provisional constitution; provisional constitution,
The Revolutionary Command Council has affirmed in The Revolutionary Command Council has affirmed in
session convened on 6/23/1983, session convened on 6/23/1983,
The following Law is passed: The following Law is passed:

Number 69 for 1983 Number 70 for 1983
Law Law
Amending the Law for Property Rental Retention of Documents
Number 87 for 1979 _____________
___________ Chapter 1
Organization of Document Preservation
Article 1: Paragraph 1 of Article 1 of the Property
Section 1
Rental Law number 87 for 1979 is hereby nullified and
replaced by the following: Intent of Preservation
Article – 1 - This Law aims for the preservation of
1- The provisions of this law shall apply to physical documents or documentary materials that convey the
properties located within the boundaries of the capital values, practices, heritage, rights, and material and
and municipalities. Excepted from this shall be immaterial property of the State and Society, particularly
properties owned by the state, the common sector and those set out through the work of the National Council, the
appointed public officials, apart from those properties Council of Ministers, the Ministries, and other state
prepared for housing, to be subject to the provisions of departments and the common and mixed sectors, hereafter
this law, consistent with those exceptions stipulated in referred to as “Departments” for the purposes of this Law.
clauses C and D of paragraph 2 of this Article.
Article - 2 - In furtherance of the goals of this law
Article 2: this Law shall be published in the official Departments shall undertake the following duties:
gazette, and the relevant ministers shall enforce it.
First - Prepare regular plans to evaluate documents and
implement these plans and oversee them regularly to
prevent unhelpful accumulations.
Saddam Hussein
President of the Revolutionary Second - Provide and organize modern means for document
Command Council preservation, maintenance, and protection from
deterioration.
Third - Separate documents that are not useful to the

relevant Departments or no longer necessary to be
preserved for disposal and destruction as per the
regulations specified by this Law or instructions
issued under it, and set out a detailed schedule for it.
Iraqi Proceedings – Number 2947 518 7/11/1983

Laws
Fourth - Deposit original documents with the National Category 2: Documents that shall be copied and
Archive for Documents, hereafter referred to as originals preserved due to their importance, with
“The Archives”, if they are of historical, heritage, copies or photocopies made.
scientific, or artistic value as estimated by the
Category 3: Documents that shall be copied and the
departments to which the documents are attributed,
originals disposed of.
in coordination with the Archives.
Category 4: Documents that shall not be copied and
Excepted from this are security, military or political
the originals disposed of due to expiration of their
documents, in the estimation of the relevant
preservation date.
authorities.
Third - A - At least two copies of original documents shall
Section 2 be made and filed after technical inspection to verify
Categorization and Copying of Documents proper copying.
Article - 3 – First - For the purposes of this law B - One of these copies indicated in clause (A) of
“documents” refers to correspondence, recordings, and this paragraph shall be preserved in a building
official writings and papers, and any media for retaining separate from that in which the other copy is
information conveyed by letters, digits, images, drawings stored, to mitigate potential damages.
or plans, whether on paper or by depiction or on a map or C - Photocopies shall be inspected occasionally but
ink or slide, or stamp or magnetic or any other medium. no less than every six months to verify their
proper state and to ensure that they have not been
Second - “Document units” refers to groups of documents impacted by climate conditions.
preserved in Departments that cannot be broken
apart. Article - 6 - Document copies that assist the relevant
department who copied them via the photocopying agency
Article - 4 - Documents are to be categorized for the
or other service shall be considered as having the full
purposes of this law into the following main categories:
weight of the original document, after verification, as a
First - Technical Documents: documents that organize or copy of the original, and they shall serve on this same basis.
convey particular specialized activity that achieve
Section 3
the goals of relevant departments and their duties.
Document Evaluation Committees
Second - Financial Documents: documents that organize
the financial affairs of departments or convey their Article - 7 - In each department a permanent
financial situation. committee shall be formed with the responsibility for
overseeing the maintenance of documents under it, and
Third - Administrative Documents: documents that evaluating and organizing these documents in records and
organize or convey the administrative activities that tables, and making decisions about their preservation or
assist departments in the achievement of their goals. disposal and destruction, in coordination and cooperation
Article - 5 - First - Departments shall assist the with the National Documents Archives, as follows:
agency responsible for copying (microfilm) and other First - A primary committee in the National Council and in
technical processes and functions that assist in achieving each Ministry or department unconnected to a
the goals of this law-- ministry.
Second - when using the services of the copying agency and Second - A branch committee in the headquarters of every
other technical processes, categorized documents ministry or department unconnected to a ministry,
shall be separated in accordance with the provisions and in every department or sub-department, linked
of Article 4 of this law into the following four to the primary committee as per Paragraph One of
categories: this Article.
Category 1: Documents that shall not be copied, and Third - A sub-committee or committees linked to the branch
for which the originals shall be preserved, due to the committee as per Paragraph Two of this Article.
confidentiality of the information they contain or Fourth - The instructions shall be set for the composition,
due to technical difficulties which make copying not functions and membership of each primary, branch,
feasible. and sub-committee, and the means of conducting
their work.
Chapter Two

Laws
National Document Archives Sixth: No document may be transferred from an Iraqi to a

non-citizen without approval of the Archives.
Article - 8 - The National Document Archives shall
be responsible for organizing and preserving documents Seventh: The Archives may take possession of any
and maintaining oversight of them under this Law. document by any means.
Eighth: The Archives may receive documents for
Article - 9 - First - The Archives shall be granted
permanent or temporary storage, as per request of
proper authority to discharge all legal duties that do not
the document’s owners.
conflict with the objectives of its founding, and shall be
represented by its General Director. Chapter Three
General Provisions and Conclusion
Second - The Archives shall be in Baghdad, and it may open
branches in the provinces. Article - 13 - First - Documents related to citizenship
rights, civil status, and public and private ownership may
Third - The Archives shall be linked to the Ministry of not be removed or destroyed.
Culture and Media.
Article - 10 - Funding sources for the Archives consist Second - As an exception to the provisions of paragraph (1)
of this Article, the Primary Committee may, with
of:
approval of the head of the department and provided
First - Aid, gifts, and donations that it does not conflict with the provisions of this
Second - Fees collected law, take the decisions necessary to preserve some
Third - Fees for services rendered private documents or dispose of them or destroy
them in accordance with the demands of its work
Fourth - Revenues from publications
after copying these documents and recording them
Article - 11 - First - The Archives shall have a Board in a special registry.
of Directors responsible for setting its policy and for Article - 14 - First - The Minister of Culture and
overseeing its activities, known hereafter as “the Board.” Its
Media shall issue instructions to facilitate the application of
authorities and work functions shall be determined by
regulation. this law regarding the preservation of documents of
historical, heritage, scientific or other value, or documents
Second - The Board shall consist of the General Director of that the Archives sees fit to preserve, and allow for them to
the Archives as President, and a number of members be reviewed.
representing the relevant departments as consistent
with regulations. Second - Detailed guidelines for the evaluation of financial
documents and the minimum and maximum period
Third - Board decisions shall be subject to approval of the necessary for their preservation shall be set by
Minister of Culture and Media. instructions issued by the Minister of Finance no
Article - 12 - First - The Departments shall not later than three months from publication of this law.
preserve any document except by approval of the Third - Detailed guidelines for the evaluation of financial
authorized minister or department director for departments documents and the minimum and maximum period
unconnected to a ministry, and the Archives shall be necessary for their preservation shall be set by
notified of this approval. instructions issued by the Minister of Finance no
later than three months from publication of this law.
Second - The Archives shall record documents held by
persons and institutions by retaining a copy or Fourth - The instructions stipulated in the preceding
facsimile of them. paragraphs of this Article shall be in line with:
Third - Upon recording a document, the Archives shall A- Coordination with the National Document
preserve it via copy or facsimile. Archives and the National Center for
Consultation and Administrative Development,
Fourth - A person to whom possession of a recorded
document is transferred must request from the
Archives that it be re-recorded, with his/her name,
within six months from the date of transfer.
Fifth - The person who has taken possession of a recorded
document must preserve it and notify the Archives
of anything that should happen to the document.

Laws
each consistent with the bounds of its authorities Third - Anyone who deliberately destroys a document or
to set out guidelines, before they are issued. removes it or assists in its removal from Iraq, in
B- The method for keeping the minutes for the violation of the provisions of this law, shall face
committees established in Article 7 of this law, imprisonment for a period no less than two years, or
and for validation and retention of these any stricter punishment stipulated by other laws.
minutes. Article - 19 - Regulations and guidelines for
C- The determination of responsibility for the facilitating the application of the provisions of this law shall
agencies designated to preserve documents they be issued.
hold, and the means of sharing them or keeping
their contents confidential after completing the Article - 20 - First - The National Documents Archive
evaluation process. shall maintain its formations, holdings and authorities,
though the National Document Archives Law number 142
Article - 15 - Documents prepared for destruction for 1963 is hereby nullified.
should be beneficial for industrial purposes of the State and
the shared and mixed sectors, as they shall be considered Second - The Destruction of Official Documents Law
the parties responsible for that destruction, and the number 141 for 1972 is hereby nullified.
necessary steps should be taken to prevent the release of Third - The guidelines issued under the two aforementioned
information contained in these documents. laws in paragraphs (1) and (2) of this article shall
remain in effect until nullified or replaced by new
Article - 16 - First - No document shall be removed ones.
from those deposited with the Archives or in the possession
of Iraqi persons except by decision of the Minister of Article - 21 - This law shall go into effect as of the
Culture and Media and based upon the recommendation of date of publication in the official gazette.
the Board. Saddam Hussein
President of the Revolutionary
Second - No other document shall be removed from Iraq
Command Council
except by decision of the relevant minister or head
___________
of a department unconnected to a ministry.
Third - In all cases, the original of a document shall not be (The Necessary Justifications)
removed from Iraq except when absolutely Due to the importance of documents which convey the
necessary, and after it has been copied.
heritage, values, practices, and rights of the State and
Article - 17 - Anyone found to have failed to enforce Society, and the necessity of preserving them and
this law or its regulations or pursuant instructions shall be benefitting from them, and regulating the proper destruction
considered derelict in his duties and subject to disciplinary of them and establishing the responsibility of appointed
action. agencies and relevant persons; and due to the elongated
period of time for the legislation of the National Documents
Article - 18 - First - Anyone in violation of the Archive law number 142 for 1963; and in light of the
provisions of paragraph 6 of Article 12 of this law shall face challenges arising from the application of the Official
imprisonment or fine not to exceed 10,000 (ten thousand) Document Destruction Law number 141 for 1972; and due
dinars. to the close linkage between their provisions; thus it is
Second - Anyone who has caused by negligence or necessary to reevaluate them in order to address these
dereliction the destruction of a document or its challenges and consolidate the provisions of these two laws
removal from Iraq, in violation of the provisions of into one single law so as to facilitate reference to them.
this law, shall face imprisonment or a fine not to
exceed five thousand dinars. Thus, this law has been drafted.

ATTACHMENT 4
True and Correct Copy of the Law of Preservation of Documents
(Law No. 37 of 2016)
-11-
In the Name of the People

The Presidency
Decision number 42
Based on the decision of the Council of Representatives in accordance with
the provision of Clause One of Article 61 and Clause Three of Article 73 of the
Constitution.
The President of the Republic decided on 27/11/2016 to issue the following law:
Number 37 for the year 2016

Document Preservation Law
Article -1- the purpose of the law is to:
First - Preserve documents having academic and historical importance

belonging to the executive, legislative and judicial departments
of the state, including committees and entities that are not linked
to a ministry.
Second - Preserve documented heritage of the society by documenting
oral history and intangible inheritance.
Third - Acquire copies of foreign documents that are related to the history
of Iraq and make them available to researchers and university
students through agreements, grants or any other means.
Fourth - Facilitate the access of researchers and university students to
different documents to be able to utilize them in their academic
studies.
Fifth - Provide the information with the objective of benefiting
governmental departments, the public sector, media and centers
of research and academic studies.
Iraqi Bulletin – Number 4428 (21) 19/12/2016

Sixth - Collect documents of the previous regime including security,

military and political party documents and use them to serve the
society with the objective of [accomplishing] transitional justice.
Article - 2- First- This law applies to the following documents:
A- Documents that belong to governmental departments and the

public sector including:
1- Technical documents considered part of the core-specific
activity of the departments and the public sector.
2- Financial documents that regulate fiscal matters and
positions of the departments.
3- Administrative documents that regulate administrative
affairs and activities of governmental departments and the
public sector.
B- Security, political and economic documents that belong to the
institutions of the previous regime.
C- Documents of the (dissolved) Baath Party and civil
organizations connected to it.
D- Documents of the Supreme Criminal Court.
E- Documents belonging to Political Parties.
F- Documents and Publications of dissolved and current
organizations of civil society.
G- Papers related to prominent public personalities after their
death in the event they do not leave a will stating their
beneficiary (ies) who should receive [the papers].
Second - Definition of a document is all types of support of information,
namely papers, digital, electronic, audio-visual or any new type
of technology created later, including documents,
correspondence, records, deeds, maps, drawings, data, plans and
everything that is proven to be a right to some entity.

Article - 3- The document in terms of its nature is divided into three types:
First: General documents: these are documents examined by certain
individuals.
Second: Private documents: these are the documents that cannot be
examined except in cases requiring the approval of relevant
entities.
Third: Classified documents: These are the documents that cannot be
examined because they are related to national security and
divulging these documents will lead to damage [of national
security]. [Consultation of documents] depends on job
requirements.
Article - 4 - First - Official documents to be consulted by researchers, university
students, media outlets and any individual with an official
approval by the relevant entity and [the individual] has the right
to make a copy of the documents with the approval of the relevant
department on the condition that it does not cause damage [to the
documents].
Second - Regulating the consultation of documents belonging to the
previous regime and the documents of the Supreme Criminal
Court by directives issued by the Minister of Culture in
coordination with the relevant entities and the approval of the
Council of Ministers.
Third - The relevant entity can conceal specific documents from
individuals who want to see them with the approval of the
General Secretariat of the Council of Ministers.
Article - 5- First - A principal committee is established in every ministry or entity
not linked to a ministry or organizations of civil society.
Second - A sub-committee is established in every department of
ministries and entities not linked to a ministry connected to the
principal committee.
Third - The formation and the tasks of the principal committees and
sub-committees are determined by directives issued by the
relevant minister or the head of the entity not connected to a
ministry or the head of an organization.

Article - 6 - The National Archives will be in charge of the following tasks:

First - Nominating individuals representing them for the duties of the
principal committee stipulated in Article (5) of this law.
Second - Sending its representatives to governmental departments, the
public sector and organizations of civil society to check the
status of their documents, their organization to provide the
necessary technical and environmental requirements for their
protection and the ease of using them as well as the preparation
of relevant periodical reports.
Third - Presenting periodic reports to the General Secretariat of the
Council of Ministers showing the extent of the compliance of
governmental departments, the public sector and organizations
of civil society to the application of the provisions of this law.
Fourth - Communicating with governmental departments directly
regarding anything related to the application of provisions of
this law.
Fifth – Preserving damaged historical documents by using the most
advanced modern technology.
Sixth - Destroying unimportant documents received from governmental
departments and the public sector which are not beneficial to
scientific research.
Seventh - Providing opportunity of fee training to members of
governmental departments, the public sector and organizations
of civil society working in the field of archiving and
documentation.
Eighth - Registering documents held by natural persons, corporations
or whoever has the authority to possess them in the future, on
the condition of retaining a photocopy of it.
Ninth - Accepting personal documents permanently or temporarily
based on the request of their owners.

Tenth - Delivering documents using different ways and methods.
Article -7- First - All documents, of the previous regime retained by governmental
agencies, inconsistent with the nature of [the departments’] work
and legal responsibilities, must be sent to the National Archives.
Second - Organizations of civil society and every individual possessing
documents belonging to the previous regime must send them to
the National Archives.
Third - Every individual possessing documents having historical or
security importance or connected to the interest of the state must
deliver them to the National Archives.
Fourth - The National Archives can provide monetary compensation to
individuals mentioned in the two clauses (second, third) of this
Article in accordance with directives issued by the Ministry of
Culture in coordination with the Ministry of Finance.
Article - 8- The employees of the National Archives must commit to not divulging
any information related to the record-keeping of deposited documents.
Article - 9 - First - A - It is prohibited to destroy documents related to the rights of

citizenship, civil status, private and public ownership,
documents related to the state’s security, instruments,
agreements, bilateral or international treaties as well as the
state’s foreign policy.
B - Excluded from the provisions of paragraph A of this article
of the principal committee and with the approval of the head
of the relevant department and not conflicting with the
provisions of this law: making necessary decisions to
preserve a personal document, rejecting it or destroying it
according to the requirement of the work, after having
photocopied the documents and recorded them in special
files.

Second - It is permitted to benefit from these documents readied for

destruction for industrial purposes belonging to the state and the
public sector and this is considered destroying them, on the
condition of taking necessary precautions to prevent the use of
the informational content of the documents.
Article - 10 - First - It is prohibited to withdraw any one document of the documents

deposited in the National Archives or belonging to individuals,
from the Republic of Iraq except provided with a decision from
the Ministry of Culture based on a recommendation from the
aforementioned Archives.
Second - It is prohibited to transport any original document outside of
the Republic of Iraq except under the discretion of the relevant
minister or the head of the entity not linked to a ministry, while
retaining a photocopy in situations that require it.
Article - 11- First - Financial documents are evaluated in minimum as well as

maximum time to hold it through directives issued by the
Minister of Finance within (90) ninety days of the date of
implementation of this law.
Second - The evaluation of technical documents and the minimum and
maximum period to hold them are achieved in accordance with
directives issued by the relevant Minister or the head of the entity
not linked to a ministry within (180) one hundred eighty days of
the date of implementation of this law.
Third - The directives stipulated in both the First and Second clauses of
this article take into account the following:
A- Coordination with the National Center for Consultation and
the National Center for Administrative Advancement and
Information Technology, each according to its specialty.

B- How to prepare the minutes of the principal committees

stipulated in Article 5 of this law and how to certify them and
preserve them.
C- Specify the responsibility of the entities in charge of holding
the documents and preserving them, how to circulate them or
withhold their content after completing the evaluation.
Article - 12 - First - The penalty for any [individual] who violates the provisions of
this law is imprisonment or a penalty of no less than 100,000.00
one hundred thousand Dinars, not to exceed 10,000,000.00 ten
million Dinars.
Second - The penalty of imprisonment for a period of no less than 2
two years, or any harsher penalty stipulated by any other law for
any [individual] who destroys, withdraws a document or aids in
absconding with it out of the Republic of Iraq or misuses it
contrary to the provisions of this law.
Third - [the violation] is considered an aggravated circumstance if the
act is committed by certain employee.
Fourth - Punishable by imprisonment or a penalty no less than
200,000.00 two hundred thousand Dinars, not to exceed
15,000,000.00 fifteen million Dinars for every [individual]
whose carelessness or negligence causes the destruction of an
official document or departure from the Republic of Iraq
contrary to the provisions of this law.
Article - 13 - The Minister of Culture is permitted to issue directives to facilitate the

execution of the provision of this law.
Article - 14 - The Document Preservation Law number 70 for the year 1983 is null
and void and the directives issued in its accordance are in force until
the issuance of [a law] replaces or nullifies it.

Article - 15 - This law is in force from the date it is published in the official bulletin.
Fouad Masum
President of the Republic
Reasons
This law was enacted in order to achieve the requirement of transitional justice and
develop ways of preserving Iraqi historical memory expressing its national values
and heritage, and in response to current changes in the field of documentation and
archiving, and in order to find a mechanism to review different types of documents
and use it.

ATTACHMENT 5
History of Ministry of Justice (MoJ) and Ministry of Foreign Affairs (MoFA)
Actions Necessary for U.S. Visa Applications of Mrs. Wafaa Muneer and Mr. Ali Talib
A. 8 November 2018 Ministry of Justice (MoJ) Legal Department Letter to Ministry of
Foreign Affairs (MoFA) Requesting Diplomatic Note Concerning U.S. Visa Applications of
Mrs. Wafaa Muneer and Mr. Ali Talib; English Language Translation
B. 15 November 2018 MoFA Consular Department Letter to MoFA Protocol Department
Subject: Facilitation of Obtaining Entry Visas
C. 26 November 2018 MoJ Legal Department Letter to MoFA Legal Department
Requesting Expedited MoFA Action on MoJ Request for MoFA Issuance of Diplomatic
Note to U.S. Consulate Baghdad Requesting Official Visit U.S Visas for
D. 28 November 2018 MoFA Diplomatic Note to U.S. Consulate Baghdad Requesting
Official Visit U.S. Visas for Mrs. Wafaa Muneer and Mr. Ali Talib; English Language
Translation
E. 9 December 2018 MoFA Transmittal to MoJ Legal Department of MoFA Diplomatic
Note to U.S Consulate Baghdad Requesting Issuance of Official Visit U.S Visas
for Mrs. Wafaa Muneer and Mr. Ali Talib.
-12-
ATTACHMENT 5(A)
8 November 2018 Ministry of Justice (MoJ) Legal Department Letter to Ministry of

Foreign Affairs (MoFA) Requesting Diplomatic Note Concerning U.S. Visa Applications of
Republic of Iraq In the name of God, the Merciful, the Republic of Iraq
Compassionate
Ministry of justice Ministry of justice
Legal Office [Logo: Ministry of Justice] Legal Office
Number: [handwritten 11/1/9/1614] Date: [handwritten 8/11/2018]
(Urgent)
The Foreign Ministry/ Legal Department

Subject: Wye Oak Company Lawsuit
Peace, mercy, and blessings of Allah be upon you …
We would like to inform you that Mrs. Wafaa’ Mawlood/Director of Foreign

Litigation Department/Legal Department at the Ministry of Justice and Mr. Ali
Talib/Legal Counselor at the Ministry of Defense submitted signed declarations to
American court through the attorney Timothy Mills, relating to the case filed by Wye
Oak. Their testimony in the court requires them to travel to Washington for the period
from 12-12 until 20/12/2018, not counting travel days, which requires them to have an
entry visa type A. We are enclosing in this letter a copy of the aforementioned letter
of the attorney dated on 6/11/2018 and which include the request to your ministry to
ask the American Embassy in Baghdad to facilitate the mission of the aforementioned
in getting an entry visa as well as the court order regarding the hearing which will
convene in that matter. In addition, we are enclosing a template letter to be sent by an
employee in your ministry to the American General Counsel at the American
Embassy in Baghdad.
We state that in the event that the aforementioned do not receive an entry visa and are
unable to travel to the United States to give their testimony within the specified
deadline, this could lead to the issuance of a decision in the amount of (150) million
dollars for the American company against Iraq.
Please do what is necessary, as fast as possible, and inform us… With regards
Attachments:
- Copy of the lawyer’s letter
- Letter template
- CD
[signature]
Attorney
Ra’ed Khaleel Ghaji
General Director of the
Legal Office/ Attorney
Ministry of Justice
[handwritten: 7] /11/2018
[signature] [signature]
[handwritten: 7/11] (1-2) [handwritten:8/11]
www.moj.gov.iq
Address/ Baghdad - Salehia - Haifa Street entrance – Building of Ministry of Justice
Telephone: 5372441 – 5372443 – 5372437 – 5372439
Republic of Iraq In the name of God, the Merciful, the Republic of Iraq
Compassionate
Ministry of justice Ministry of justice
Legal Office [Logo: Ministry of Justice] Legal Office
Number: Date: / /201
Copy of [this memo] sent to:

- Ministry of Defense/Office of the General Reference to our letter numbered (11/1/9/1605
Legal Counsel on 6/11/2018, with a copy of the aforementioned
letter, kindly review, do what is necessary, and
inform us…With regards.
- Ministry of Defense/General Secretariat
- Judicial Relations Office/We reference our letter numbered (11/1/9/1547) on
31/10/2018, we would like to state the need for issuing a ministerial order in the
above-mentioned letter, and we will inform you later via a directive from the
minister about the deployment to Washington according to what was mentioned
above .. With regards.
(Huthaifa 6/11)
[signature]
[handwritten: 7/11] (2-2) [signature]
www.moj.gov.iq
Address/ Baghdad - Salehia - Haifa Street entrance – Building of Ministry of Justice
Telephone: 5372441 – 5372443 – 5372437 – 5372439
ATTACHMENT 5(B)
15 November 2018 MoFA Consular Department Letter to MoFA Protocol Department

Subject: Facilitation of Obtaining Entry Visas
MINISTRY OF FOREIGN AFFAIRS [Logo: MINISTRY OF FOREIGN AFFAIRS

CONSULAR DEPARTMENT REPUBLIC CONSULAR DEPARTMENT
OF IRAQ]
Number: 9/1/America/6775
Stamp: Ministry of Date: 15/11/2018
Justice/ Legal office
17013 Very urgent and immediate
27/11 Protocol Department
Subject/ Facilitation of Obtaining Entry Visas
We attach for you the letter from the Ministry of Justice numbered 11/1/9/1614 on 8/11/2018
with its attachments regarding the facilitation of obtaining entry visas to the United States of
America for Mrs. (Wafaa’ Mawlood/Director of Foreign Litigation Department/Legal
Department at the Ministry of Justice) and Mr. (Ali Talib/Legal Counselor at the Ministry of
Defense) to attend the hearing and to give their testimonies before the court in Washington
[D.C.] for the period 12-12 until 20/12/2018 in the lawsuit filed by Wye Oak against Iraq. We
would like to note that in the event that the aforementioned do not receive an entry visa and are
unable to travel to the United States to give their testimony within the specified deadline, this
could lead to the issuance of a decision in the amount of (150) million dollars for the American
company against Iraq.
Please do what is necessary, in coordination with the Ministry of Justice… With regards.
Attachments :
- Letter with its Attachments.
[handwritten: urgent [Stamp] [signature]

Ministry of Foreign Affairs Ambassador
Signature 27/11] Bakr Fattah Hussein
Acting Director of Legal
Department
[handwritten: 15]/11/2018
Copy of this letter to:

- Office of the Minister/ Please review ... With regards.
- Office of the Ambassador Hazem Al-Yousifi/ Please review ... With regards.
- Office of General Inspector/ Please review ... With regards.
- Ministry of Justice/ Legal office/ Your book mentioned above, Please review ... With regards.
legdeb@mofa.gov.iq www.mofa.gov.iq +(964) 537 299 1-9/ ext: 1409

ATTACHMENT 5(C)
26 November 2018 MoJ Legal Department Letter to MoFA Legal Department Requesting
Expedited MoFA Action on MoJ Request for MoFA Issuance of Diplomatic Note to U.S.
Consulate Baghdad Requesting Official Visit U.S Visas for
Republic of Iraq In the name of God, the Merciful, the Compassionate Republic of Iraq
Ministry of justice [Logo: Ministry of Justice] Ministry of justice
Legal Office Legal Office
Number: [handwritten: 11/1/9/1695] Date: [handwritten: 26/11/2018]
(Extremely Urgent)
The Foreign Ministry/Legal Office
Subject/ Lawsuit of the American Company (Wye Oak)
Peace, mercy, and blessings of Allah be upon you …
Following up to our letter numbered (11/1/9/1614) on 8/11/2018.

We enclose a copy of the letter of the American attorney (Timothy Mills) dated on 22/11/2018 in
which he emphasized the necessity of expediting the undertaking of the necessary measures by
your ministry to obtain an entry visa for the people mentioned in our aforementioned letter, and
that the government of Iraq should urge the American Consulate to provide them with a visa no
later than 1/12/2018, underlining the damage that will befall on Iraq and the Ministry of Defense
in the event that the witnesses are unable to attend and testify before the court. The lawyer
requested that this matter be personally attended to.
We request you to undertake what is necessary .. and to inform us, With regards.
Attachments :
- Copy of the letter
[signature]
The Jurist
Ra’id Khaleel Ghaji
General Director of the Legal
Office/ Attorney
Ministry of justice

- Defense Ministry/ General Secretariat/ With reference to our letter above, …. With regards.
- Defense Ministry/Office of the General Legal Counsel/ With reference to our letter above…With regards.
- Computer and Internet Division/ To send the letter via email to this office.
[signature] [signature]
[handwritten: 22/11] (1-1) [handwritten: 26/11]
www.moj.gov.iq
Address/ Baghdad - Salehia - Haifa Street entrance
Telephone: 5372441 – 5372443 – 5372437 – 5372439
ATTACHMENT 5(D)
28 November 2018 MoFA Diplomatic Note to U.S. Consulate Baghdad Requesting Official
Visit U.S. Visas for Mrs. Wafaa Muneer and Mr. Ali Talib; English Language Translation

OF IRAQ]
Number: 6/3/19/[handwritten: 20208]

Date: [handwritten: 28]/11/2018
The Iraqi Ministry of Foreign Affairs extends its warmest greetings to the Embassy of the United
States/Consular Section in Baghdad, and is honored to ask to give the delegates of the Ministry of
Justice and the Ministry of Defense, whose names are indicated below, visas for the period from
12-20/12/2018 to enter the United States in order to attend the hearing and give their testimonies
in the relevant court in Washington in the matter of the case filed by Wye Oak Inc. against Iraq.
Names:
1. Wafaa’ Mawlood Munir/ Director of the Department of Foreign Litigations in the Ministry of
Justice.
2. Ali Talib Qasem/Legal Counselor at the Ministry of Defense
The Ministry takes this opportunity to express its deepest gratitude and respect .
Attachments :
- Copy of passports (2)
- Invitation
- CD
United States Embassy/ Consular Section/ Baghdad
[signature]
Zafer Abdul Razzaq Jalil
Assistant Director of the Consular Section

- Office of the Minister/Please review…With regards.
- Office of the Deputy Minister for Political Planning Affairs/Please review…With regards.
- Office of the General Inspector/Please review…With regards.
- Legal Department/Your letter numbered 6775 on 15/11/2018, please review…With regards.
- Ministry of Justice/Legal Office, your letter numbered 1614 on 8/11/2018, please review… With
regards.
- The Embassy of the Republic of Iraq/Washington, please review…With regards.
[illegible] 11/27
ATTACHMENT 5(E)
9 December 2018 MoFA Transmittal to MoJ Legal Department of MoFA Diplomatic Note
to U.S Consulate Baghdad Requesting Issuance of Official Visit U.S Visas
for Mrs. Wafaa Muneer and Mr. Ali Talib.

OF IRAQ]
Number: 9/1/General Recovery/[handwritten: 7125]

Date: 9/12/2018
Ministry of Justice/ Legal Directorate

Subject/Lawsuit of the American Company (Wye Oak)
Referencing your letter numbered 11/1/9/1695 on 26/11/2018.

We enclose a copy of the Consular Office’s memorandum numbered 6/3/19/50208 on
28/11/2018 sent to the Embassy of the United States of America in Baghdad regarding the
request to give entry visas to the delegates of the Ministry of Justice and the Ministry of Defense.
Please review and send one of your employees to get the application, whereas the
submission of [the application] must be done by the applicant. With regards.
Attachments :
- Letter
[Stamp]
[signature]
Abdul Hakim Al Qasab
Acting Director of Legal Department

- Office of the Minister, please review…With regards.
- Office of Ambassador Hazem Al Yousefi, please review…With regards.
- Office of the Inspector General, please review…With regards.

Declaration of Wafaa Muneer, Iraqi Ministry of Defense (Dkt. 406-2)

Încărcat de

Informații document

Drepturi de autor

Formate disponibile

Partajați acest document

Partajați sau inserați document

Opțiuni de partajare

Vi se pare util acest document?

Este necorespunzător acest conținut?

Drepturi de autor:

Formate disponibile

Declaration of Wafaa Muneer, Iraqi Ministry of Defense (Dkt. 406-2)

Încărcat de

Drepturi de autor:

Formate disponibile

Case 1:10-cv-01182-RCL Document 406-2 Filed 04/12/19 Page 1 of 239

UNITED STATES DISTRICT COURT

DECLARATION OF MRS. WAFAA MUNEER

Pursuant to 28 U.S.C. § 1746, I declare as follows:

1. My name is Mrs. Wafaa Muneer.

of the matters stated herein.

4. I give this declaration based upon my personal knowledge to address certain

Wye Oak has presented them in the Sanctions Motion.

(including in February 2019).

No Lawsuits Against Iraq or MoD by GIG

8. As Senior Manager of Foreign Litigation, I am highly experienced in the

Requests Concerning Criminal Investigations and Criminal Court Proceedings

party). As to the publicly-available documents concerning court proceedings, I append those

Requests Regarding Electronic Records

therefore, no search was required for emails or other electronic records.

Visa Status of Mrs. Wafaa Muneer and Mr. Ali Talib

early as March 2018.

Talib and I being resident in Baghdad.

Representations by Defendants Counsel in Status Reports

MoJ Legal Department handled those matters.

Representations of “Continuing Investigation” Made in Defendant Iraq’s Discovery

19. I made certain representations in Defendant Iraq’s discovery responses that

investigation was continuing. Such representations were accurate.

Publicly-Releasable Records of Iraqi Criminal Court

MRS. WAFAA MUNEER DECLARATION

MRS. WAFAA MUNEER DECLARATION

MRS. WAFAA MUNEER DECLARATION

so the extracted evidence against the defendants "Hazim Katran Shaalan,

Magistrate Magistrate Magistrate

MRS. WAFAA MUNEER DECLARATION

Criminal court in Rusafa formed on 02/09/2010 chaired by magistrate

Defendants I Hazim Katran Shaalan Al-Khazali, Ziyad Tariq Abdullah

1- Court sentenced to convicts Hazim Katran Shaalan, Ziyad Tariq

2- Issuance of a warrant of arrest against to convicts Hazim Katran

3- Keeping to the complainant "Ministry of Defence" to demand the

MRS. WAFAA MUNEER DECLARATION

True and Correct Copies of

Third Section: Employees Violating Terms of Employment

True and Correct Copy of the Law of Preservation of Documents

(Law No. 70 of 1983)

Law number 729 Law number 730

The following Law is passed: The following Law is passed:

Third - Separate documents that are not useful to the

Iraqi Proceedings – Number 2947 518 7/11/1983

Iraqi Proceedings – Number 2947 519 7/11/1983

National Document Archives Sixth: No document may be transferred from an Iraqi to a

Iraqi Proceedings – Number 2947 520 7/11/1983

Iraqi Proceedings – Number 2947 521 7/11/1983

True and Correct Copy of the Law of Preservation of Documents

(Law No. 37 of 2016)

In the Name of the People

Number 37 for the year 2016

Article -1- the purpose of the law is to:

First - Preserve documents having academic and historical importance

Iraqi Bulletin – Number 4428 (21) 19/12/2016

Sixth - Collect documents of the previous regime including security,

Article - 2- First- This law applies to the following documents:

A- Documents that belong to governmental departments and the

Iraqi Bulletin – Number 4428 (22) 19/12/2016

Iraqi Bulletin – Number 4428 (23) 19/12/2016

Article - 6 - The National Archives will be in charge of the following tasks:

Iraqi Bulletin – Number 4428 (24) 19/12/2016

Tenth - Delivering documents using different ways and methods.

Article - 9 - First - A - It is prohibited to destroy documents related to the rights of