# Banking Law in Iraq

Last reviewed: October 2026
Author: Othman Al-Juboori

Banking Law No. 94 of 2004 governs the licensing of banks, their activities and their supervision by the Central Bank of Iraq, and sets out their duties towards customers, including banking secrecy. The firm advises individuals and companies on their dealings with banks, advises companies on compliance with banking regulations, and represents clients in related disputes.

What We Offer
Advice on financing, loan and security agreements.
Disputes between customers and banks.
Cheque cases.
Compliance with Central Bank of Iraq instructions and anti-money laundering requirements.
Frequently Asked Questions
Q1: What is banking secrecy under Iraqi law?

A bank must keep confidential all customer accounts, deposits, trusts and safe-deposit boxes, and may not disclose any information about them, directly or indirectly, except with the written consent of the customer, or of the customer's legal representative or one of the customer's heirs after death; by order of a court or the Public Prosecution in pending proceedings; or in cases permitted by law. This prohibition continues even after the customer's relationship with the bank ends (Article 49).Q2: May a bank employee disclose information about my account?

No. No current or former administrator, official, employee or agent of a bank may provide information about customers, their accounts or their transactions, or allow a third party access to it, except in cases permitted by law (Article 50).Q3: What are the exceptions to banking secrecy?

Article 51 sets out cases in which secrecy does not apply, including: the work of auditors; requests by the Central Bank within the scope of its functions; measures taken to combat money laundering and terrorist financing; issuing a certificate stating the reasons for refusing to pay a cheque at the request of its lawful holder; exchanging information on customers' indebtedness and returned cheques for credit assessment; and disclosure by the bank of a customer's transactions to establish its rights in a court dispute between them.Q4: How do I file a complaint against a bank in Iraq?

Central Bank of Iraq instructions direct customers to submit their complaint first to the complaints and consumer protection section of the bank they deal with, and to keep proof of submission. The Central Bank has also set up an online platform for handling public complaints and enquiries, through which a complaint is referred to the financial institution concerned for resolution under the Central Bank's supervision; the link is published on its official website (https://cbi.iq/page/158).Q5: May anyone carry on banking business or accept deposits without a licence?

No. No person in Iraq may carry on banking business or accept deposits from the public without a licence or permit from the Central Bank of Iraq (Article 3), and establishing a bank or a branch of a foreign bank requires a prior licence or permit (Article 4). Carrying on banking activity without a licence is an offence punishable by the penalty for fraud under the Penal Code (Article 57).Q6: What is the penalty for a bounced cheque under Iraqi law?

Penal Code No. 111 of 1969 punishes with imprisonment and a fine, or either of them, anyone who in bad faith issues a cheque knowing that there are insufficient funds to cover it, withdraws the funds after issuing it, or instructs the bank not to pay it (Article 459). The fine amounts in the Penal Code have been revised by later legislation, so they are calculated according to the provision in force. The holder of the cheque may ask the bank for a certificate stating the reasons for refusing payment (Banking Law, Article 51).Q7: Which law governs Islamic banks in Iraq?

Islamic banks are subject to a special law, the Islamic Banking Law No. 43 of 2015, and, in matters not covered by a specific provision, to the Central Bank of Iraq Law, the Banking Law and other relevant laws.Q8: What activities are banks permitted to carry on?

Article 27 sets out the banking activities permitted under the licence, such as accepting deposits and extending credit and financing. Article 28 prohibits banks from engaging in trade, industry, transport, agriculture, insurance and other activities not authorised in Article 27, except temporarily, with the Central Bank's prior written approval, and to the extent necessary to recover the bank's debts.
Note The Central Bank frequently issues instructions on transfers, foreign currency and payment cards. Because these instructions change often, we check the text in force at the time of each consultation.

Contact information

Al-Taswia Legal Services Company

Address: Al-Arba'a Shawari' (Four Streets), Al-Yarmouk, Baghdad, Iraq, next to Soya Restaurant

Phone: +964 771 100 2200

Email: info@al-taswia.com

Hours: Saturday–Thursday, 5:00–9:00 PM | Friday: closed

Working languages: Arabic and English

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Al-Taswia Legal Services CompanyAl-Arba'a Shawari' (Four Streets), Al-Yarmouk, Baghdad, Iraq, next to Soya RestaurantOpen in Google Maps

## Article numbers

- Article 49
- Article 50
- Article 51
- Article 3
- Article 4
- Article 57
- Article 459
- Article 27
- Article 28

## Official legislation

- https://cbi.iq/page/158

## Disclaimer

The information on this website is general legal information provided for awareness purposes. It is not legal advice on any particular matter and does not create a lawyer–client relationship. Iraqi laws and regulations change, so please check the text in force or consult a qualified lawyer before taking any action. Legal Notice and Disclaimer
