US Investment Climate Statement for Iraq

By John Lee.

The US State Department issued its 2024 Investment Climate Statement for Iraq earlier this year.

The report covers the following key areas:

  1. Openness To, and Restrictions Upon, Foreign Investment
  2. Bilateral Investment and Taxation Treaties
  3. Legal Regime
  4. Industrial Policies
  5. Protection of Property Rights
  6. Financial Sector
  7. State-Owned Enterprises
  8. Responsible Business Conduct
  9. Corruption
  10. Political and Security Environment
  11. Labor Policies and Practices
  12. U.S. International Development Finance Corporation (DFC) and Other Investment Insurance or Development Finance Programs
  13. Foreign Direct Investment Statistics
  14. Contacts

Full text of the State Department report:

EXECUTIVE SUMMARY

STRONG GROWTH: Iraq is building apartment towers and new shopping malls, upgrading airports and ports, planning new roads, modernizing its agriculture, and striving to strengthen trade ties with neighbors and the west. Iraqis seek American and western consumer goods. Prime Minister Mohammed Shiaa al-Sudani, in office since late 2022, takes a hands-on involvement in reiterating that his country is ready to do business. Trade and investment were the centerpieces of Sudani's official visit to the White House in April 2024.

The Iraqi constitution grants the Iraqi Kurdistan Region (IKR) semi-autonomous rights, and IKR often serves as a starting location for U.S. businesses in Iraq. Among the IKR's commercial attractions is foreign companies may keep 100% ownership, whereas in federal Iraq, foreign ownership is limited to 49%. Neighboring countries figure strongly in Iraq's trade, with Turkiye and Iran at the top, along with China.

ECONOMY: The Government of Iraq (GOI) steers Iraq's economy, a legacy of decades of communist and autocratic decision-making, which to this day manifests itself in bloated ministries directing three-quarters of the economy. Oil exports serve as the foundation of Iraq's GDP. Iraq's GDP grew 7% in 2022, shrunk 2% in 2023, and is expected to grow moderately in 2024; headline inflation was 4.4% in 2022 and 4.0% in 2023 (all IMF data). Much of the non-state, non-oil economy is informal, cash-based, and vibrant. Investors will find opportunities from one extreme to the other: massive energy deals with ministries and importing brands to Iraqi kitchens.

SECURITY: Some militia groups mobilized in the fight against ISIS remain deployed, under only nominal GOI control, and influenced by Iran - as demonstrated by frequent attacks on Coalition and U.S. government installations October 2023 - February 2024. Notably, such violence did not target American businesses in Iraq, nor are U.S. businesses particularly targeted by criminal groups for being American. Militia groups were implicated in criminal activities, ranging from extortion to destruction of internet infrastructure to bombing energy infrastructure.

DUE DILIGENCE: Investors should complete due diligence on Iraqi partners before entering commitments. Iraq is an honor culture where relationships matter, but its courts are ill-equipped to sort out more dishonorable commercial issues that might arise between businesses. Iraq took a positive step in 2024 by signing the UN Singapore Convention on commercial mediation.
Companies could face long delays in getting paid if projects are tied to the federal Iraq budget, especially from GOI entities.

Difficulties with corruption, business registration, customs, taxes, selective application of regulations, dispute resolution, electricity shortages, and access to financing are common complaints for local and foreign companies in Iraq.

OPPORTUNITY: Despite these challenges, the Iraqi market offers potential for U.S. exporters.  Iraq regularly imports U.S. rice and other agricultural commodities, machinery, consumer goods, aircraft, and defense articles. Iraq imported $950 million in goods from the United States in 2022 (most recent year available).  Government contracts and tenders continued as the source of most commercial opportunities in all sectors. The GOI closed a giant $27 billion energy sector deal with France's TotalEnergies in 2023. Other deals were in the works that could help Iraq produce additional gigawatts of electricity through improved efficiency, new natural gas-fired plants, and - once the electrical grid is modernized - solar.

Tenders for two mega-projects are expected at the end of 2024: rehabilitating Baghdad's International Airport and building a north-south corridor of rail and roadways (the "Development Road"). Resolution of an oil dispute between the GOI and the IKR could also encourage additional hydrocarbon investment in the IKR.

IRAQI KURDISTAN REGION: While investors in the semi-autonomous IKR face many of the same challenges as investors elsewhere in Iraq, the IKR's friendlier investment climate (as noted, allowing 100% foreign ownership of a business) and a more commercial-friendly legal framework appeal to many U.S. firms and franchises.

Yet, concerns also abounded in the IKR: disputes with the central government over oil revenues and the Iraq-Turkiye Pipeline, tensions between the IKR's main political factions, domination of the economy by politically powerful families, significant non-payment or delays to foreign companies on government contracts, and reduced consumer demand when government salary payments are missed or delayed. Iran and Iran-aligned militia groups carried out dozens of missile attacks and drone strikes in the region, including lethal ones in Erbil and Khor Mor gas field in January and April 2024. Turkiye also routinely bombed alleged terror targets in IKR, though this activity infrequently affects international companies.

Trade data resources in addition to Table 1 Key Business Metrics and Rankings include:

Table 1: Key Metrics and Rankings 
Measure Year Index/Rank Website Address
TI Corruption Perceptions Index 2023 154 of 180 https://www.transparency.org/en/cpi/2023
Global Innovation Index N/A N/A https://www.wipo.int/global_innovation_index/en/2023/
U.S. FDI in partner country ($M USD, historical stock positions) N/A N/A https://apps.bea.gov/international/factsheet/
World Bank GNI per capita N/A N/A http://data.worldbank.org/indicator/NY.GNP.PCAP.CD

1. Openness To, and Restrictions Upon, Foreign Investment

2. Bilateral Investment and Taxation Treaties

3. Legal Regime

4. Industrial Policies

5. Protection of Property Rights

6. Financial Sector

7. State-Owned Enterprises

8. Responsible Business Conduct

9. Corruption

10. Political and Security Environment

11. Labor Policies and Practices

12. U.S. International Development Finance Corporation (DFC) and Other Investment Insurance or Development Finance Programs

13. Foreign Direct Investment Statistics

14. Contact for More Information

Embassy Baghdad Economic Section
Al-Kindi Street, International Zone, Baghdad
Office: +1-301-985-8841 x3013
[email protected] 
https://iq.usembassy.gov/business/getting-started-iraq/

Comments are closed.