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POL-38

This is a proposal for discussion, not an enacted law.

Ali Zuweid's Political Programme · Proposed legislation · Economy, Finance, Investment and Employment

Banking Sector and State-Owned Banks Reform Law

A legislative framework preserving Central Bank independence and the Banking Law while adding the mechanisms Iraq needs for effective restructuring of state-owned banks: asset review, non-performing loan treatment, conditional recapitalisation, legal transfer of assets and liabilities, professional governance, fair banking competition, digitalisation and stronger depositor protection.

Document number
POL-38
Version
1.0
Publication date
7 October 2026
Scope
Republic of Iraq
Document type
Special reform bill
Axis
Economy, Finance, Investment and Employment

Executive Summary

Through 2026, Iraq's banking sector rests on Central Bank Law No. (56) of 2004, as amended, Banking Law No. (94) of 2004, Islamic Banking Law No. (43) of 2015, and evolving supervisory rules issued by the Central Bank. The legislative need is therefore not to write a parallel banking law or remove Central Bank powers, but to address the legally weaker link: how to restructure state-owned banks when their losses, legacy assets, sovereign functions, employees and government accounts are intertwined in ways that ordinary supervisory tools cannot address alone.

Since 2025–2026, the Central Bank itself has been implementing a private-bank reform programme with three paths: continuation after meeting requirements, merger, or market exit. In February 2026, it announced that all covered banks had submitted their documents and selected their paths. In July 2026, it then linked the reintegration of several banks into international banking channels to progress in compliance and governance. The proposed law therefore does not create a parallel private-bank programme; it leaves relicensing and supervision to the Central Bank and adds supporting provisions on ownership, competition and infrastructure.

For state-owned banks, the Central Bank's official website shows the continuing presence of a group led by Rafidain Bank, Rasheed Bank, the Trade Bank of Iraq and specialised banks. In 2024, the Ministry of Justice documented an amendment to Rafidain Bank's founding statement as a public company. The International Monetary Fund's 2025 assessment described the largest state banks as suffering from distressed legacy assets, capital shortfalls and weaknesses in governance, accounting and risk management, with a need for a clearer plan for non-performing loans, recapitalisation sources and transfers of assets and liabilities.

The proposal does not enshrine the name of a new entity or predetermine a particular merger, although the IMF report referred to a government plan involving a new entity, asset transfers and consideration of merging Rasheed with Rafidain. The implementation structure may change after asset quality reviews and stress tests, while the law must remain suitable for every scenario. It therefore gives the government and Central Bank legal tools for transfer, merger, separation, establishment and liquidation, requiring independent assessment and a least-cost test before decisions are made.

To prevent restructuring from becoming an accounting exercise, the proposal requires a comprehensive asset quality review, loss recognition, settlement of legacy claims and suspense accounts, collateral valuation and then calculation of the true capital gap. The Treasury shall not inject funds before these steps. A temporary asset management company may also be established if it demonstrably improves recovery, while transferring loans at nominal value to conceal losses is prohibited.

Governance is the second pillar. The Ministry of Finance remains the owner where the state so decides, but may not intervene in an individual loan, customer or pricing decision. Boards are reconstituted under banking fitness and propriety requirements; chairmanship is separated from executive management; and risk, audit, compliance and technology committees are strengthened. In return, a state bank is subject to the same supervisory requirements and receives no exemption merely because it is publicly owned.

For depositor protection, the proposal builds on the existing deposit insurance company instead of establishing a parallel fund. In September 2026, the Central Bank confirmed that all licensed banks participated in it. The law proposes faster compensation, prefunding and better data, while leaving conversion of the company into a specialised statutory institution to a separate assessment rather than assuming that a change in institutional form alone improves protection.

Reform status in 2026

Central Bank statements show that private-bank reform has become an operational process with criteria, paths and guidance for merger, continuation and exit. During 2026, the Bank also issued updated risk management and compliance rules, meaning legislative modernisation should complement this process rather than restart it.

For the state sector, the IMF recommended in 2025 that state-bank restructuring be completed and non-performing loans, capital shortfalls, governance and digital infrastructure addressed. It also identified a need for greater clarity on asset and liability transfers and recapitalisation sources, matters addressed directly by this proposal.

Legislative design

The proposed law is a special reform law, not a replacement banking law. It combines tools for state-bank restructuring, ownership and governance rules to prevent imbalances returning after recapitalisation, and supporting provisions on competition, deposit insurance, credit, digitalisation and consumer protection.

It adopts the principle of losses first, then recapitalisation: old uncollectible loans and unreliable accounts and claims must be recognised before new capital is injected; otherwise recapitalisation becomes merely a figure concealing existing losses.

Draft Banking Sector and State-Owned Banks Reform Law

Proposed promulgation formula: In the name of the people, Presidency of the Republic: pursuant to approval by the Council of Representatives and ratification by the President of the Republic, and under the Constitution, the following Law is issued.

Statement of reasons

This Law is enacted to complete reform of Iraq's banking system and strengthen its ability to protect deposits, finance the economy and integrate into the international financial system; establish a clear legal framework for restructuring state banks and addressing distressed assets, capital shortfalls and legacy accounts; regulate asset and liability transfers, merger, separation and liquidation where needed; and strengthen Central Bank independence, equal supervision, governance, digitalisation, cybersecurity, competition, consumer protection and deposit insurance.

Explanatory memorandum

Why is the Banking Law not repealed?

The essential licensing and supervisory tools already exist and are used by the Central Bank. The particular need concerns public funds, state ownership, legacy assets, employees and transfers of rights during restructuring, none of which requires dismantling the entire banking framework.

Why does the law not prescribe a structure for Rafidain and Rasheed?

The optimal structure depends on asset quality review results, actual values and legal and technical obligations. The law therefore creates tools for merger, separation, transfer and establishment, leaving selection to assessment results and the least-cost test.

Asset management company

This is a temporary tool separating assets requiring lengthy recovery from the operating bank. It is neither a new bank nor a permanent repository for losses. Its task ends when the portfolio is resolved.

Deposit insurance

Iraq already has a deposit insurance company. The proposal therefore focuses on payout speed, funding, data and readiness rather than creating a second institution with the same function.

Employment

Accrued rights transfer, but automatically moving the entire workforce to a new entity may reproduce imbalances in skills and size. Transition is therefore preceded by job analysis, retraining, redeployment, voluntary departure paths and statutory rights safeguards.

State-owned banks and restructuring

PhaseRequirementOutcome
DiagnosisAsset quality, capital, liquidity, technology and employment.Audited baseline.
Loss recognitionProvisions, non-performing loans and legacy accounts.Actual capital.
Path selectionContinuation, merger, separation, new entity, asset transfer or liquidation.Least-cost test.
RecapitalisationAfter a plan, governance and indicators are established.Conditional funding.
ImplementationLegal transfer of assets, deposits, contracts and employees.Service continuity.

Private banks and competition

The proposal does not redefine the reform paths established by the Central Bank but recognises them as existing supervisory practice. Its legislative additions focus on transparent ownership and beneficial ownership, preventing circular ownership, competition for government services, and strengthening the credit and digital infrastructure banks need.

Deposit protection

In September 2026, the Central Bank confirmed all licensed banks' participation in the Deposit Insurance Company. The proposal treats the system as a depositor safety net, not a means to rescue shareholders or cover state-bank recapitalisation costs.

Digitalisation and compliance

Technical reform is not the purchase of a single software package. It means integrating data, accounts, branches, credit, risk, compliance and payments into auditable systems with cybersecurity, business continuity and external supplier oversight. The law also supports shifting trade finance and external relationships to banks capable of compliance and direct correspondent banking.

Employment and transition

Any downsizing is preceded by a study of roles, skills and future needs, followed by redeployment, training and voluntary solutions. Transfer to any new banking entity shall follow job requirements and published criteria while preserving statutory rights.

Legislative alignment

FrameworkTreatment
Central Bank Law No. (56) of 2004, as amendedRemains in force, with the Bank's independence protected.
Banking Law No. (94) of 2004Remains the general law for licensing, supervision, intervention and liquidation.
Islamic Banking Law No. (43) of 2015Remains the specific reference for Islamic banks.
Anti-Money Laundering and Counter-Terrorism Financing Law No. (39) of 2015Remains the primary reference for compliance and financial crime.
Public Companies Law or its replacementApplies to state banks' institutional form in matters not regulated by the reform law.
State-bank founding statementsAmended during transition according to each bank's structure.

Financial and Implementation Implications

The largest potential fiscal impact is the cost of recognising losses and recapitalising state banks, which cannot be reliably estimated before reviewing each bank's asset quality and capital gap. The proposal therefore supplies no aggregate figure implying false precision.

The law requires the government to publish actual costs annually: new capital, recapitalisation bonds, guarantees, transferred assets, asset management company losses and recoveries, with a least-cost test before a path is selected.

Transition and Implementation

The first phase begins with a national plan within six months and asset quality reviews, prioritising Rafidain and Rasheed because of their size and government functions. Entry into force does not suspend any bank or freeze its accounts; services and licences continue until the necessary legal and regulatory decisions are issued.

Results are reviewed after three years. Once the main restructuring is complete, the Ministry of Finance publishes the audited final cost report, allowing assessment of reform's effects on the Treasury, credit, competition and depositor protection.

Sources and references

  1. Central Bank of Iraq — Banking Law No. (94) of 2004The official text of the primary law on bank licensing, supervision, capital, intervention and liquidation.
  2. Central Bank of Iraq — Banking legislation in forceLists Central Bank Law No. (56) of 2004, as amended, Banking Law No. (94) of 2004, Islamic Banking Law No. (43) of 2015, and Anti-Money Laundering and Counter-Terrorist Financing Law No. (39) of 2015.
  3. Central Bank of Iraq — State-owned banksThe official list of state-owned banks, their capital and founding statements.
  4. Ministry of Justice — Amendment to Rafidain Bank's founding statement, Iraqi Official Gazette 7492 of 2024Documents Rafidain Bank's continued status as a public company and amendment of its founding statement in 2024.
  5. Central Bank of Iraq — Banking reform projectThe official private-bank reform programme platform, with continuation, merger and exit paths and 2026 guidance.
  6. Central Bank of Iraq — Statement of 26 February 2026 on reform pathsConfirms banks' selection of continuation, merger or exit paths and the start of compliance assessment.
  7. Central Bank of Iraq — Banking supervisionPresents the latest supervision, risk management and compliance rules during 2026.
  8. Central Bank of Iraq — Reintegration of seven banks into the global financial system, 18 July 2026Documents the link between reform progress, compliance, governance and restoration of foreign correspondent channels.
  9. Central Bank of Iraq — Deposit insurance, 5 September 2026Confirms all licensed banks' participation in the Deposit Insurance Company and its depositor-protection role.
  10. Central Bank of Iraq — Establishment of the Iraqi Deposit Insurance CompanyDocuments establishment of the company with state, private and foreign bank participation.
  11. Central Bank of Iraq — Payment systemsExplains state and private bank participation in national payment infrastructure.
  12. International Monetary Fund — Iraq 2025 Article IV ConsultationCalled for a comprehensive plan to restructure state banks and address non-performing loans, capital shortfalls, governance and digital infrastructure.
  13. International Monetary Fund — Iraq Report No. 25/183 of 2025Contains a detailed assessment of the two largest state banks, restructuring and recapitalisation options, and support for private banks.
  14. Ministry of Justice — Decision establishing Rafidain Bank as a public companyDocuments publication of the decision establishing Rafidain Bank as a public company within the Ministry of Finance.
  15. Central Bank of Iraq — Corporate Governance Guide for BanksA reference for mandatory board, committee and governance requirements for banks operating in Iraq.

Proposed legislation within Ali Zuweid's Political Programme · Prepared by

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