The Iraqi government's ability to manage urgent needs, including vital services such as electricity, water and school construction, will be paralysed by a Supreme Court ruling that prohibits the caretaker government from spending money, officials said on Monday.
The decision issued by the Federal Supreme Court on Sunday stated that Prime Minister Mustafa Al Kadhimi’s caretaker government has no authority to present bills to Parliament or sign any commercial agreements.
Iraqi Finance Minister Ali Allawi said he respects the decision, but warned of tough days ahead.
“It will have consequences on the work of the Finance Ministry,” Mr Allawi said, as it will “limit our abilities” to mitigate the impact of rising commodity prices, meet electricity sector needs before summer, cover oil production expenses and boost agriculture.
Critics of Mr Al Kadhimi say that is exactly the point and that, as a caretaker body, his government should have limited power.
With this year’s budget shelved amid political deadlock over forming a new government, monthly spending is limited to one twelfth of the 2021 budget.
Last year's budget was 130 trillion Iraqi dinars ($89.65 billion), with an estimated deficit of 28.7tn dinars.
To meet mounting needs, the government sent a draft to Parliament of the Emergency Law for Food Security and Development.
The latest version of the bill calls for 27tn Iraqi dinars (about $18.5bn), said Mustafa Sanad, who sits in Parliament’s Financial Committee.
The lion’s share, 8tn Iraqi dinars (about $5.5bn), has been allocated to the Ministry of Trade to buy wheat from local farmers and international suppliers and to keep the government-run food ration programme going, Mr Sanad said.
It also sets aside 10tn Iraqi dinars (about $6.85bn) for development projects across the country as well as 3tn dinars (about $2.05bn) for the Electricity Ministry to buy gas from Iran to keep power generation running, he added.
Electricity crisis looms
Iraq currently produces about 21 gigawatts of electricity, but summer demand spikes to at least 27 gigawatts — by some estimates even more.
At the same time, Iraq's electricity grid remains in a state of disrepair, meaning that generated power suffers high losses before reaching communities.
Iraq has planned to increase investment in upgrading the national grid and Mr Al Kadhimi's government has touted plans to increase solar power generation to 30 per cent of production by 2030.
Several high-profile deals have been signed with international electricity companies to construct solar parks but no work has yet begun.
Iraq also desperately needs new schools and in December, it reportedly signed an agreement with two Chinese companies to build 1,000 new education centres.
The Supreme Court's ruling puts a stop to any new plans of this scale, curbing Mr Al Kadhimi's attempt to continue governing.
“No budget means limited capital spending because they can't sign for loans, although the Cabinet continues to appropriate spending amounts for some projects, I presume as unfinished projects from last year,” said Kirk Sowell, principal at Utica Risk Services, an Iraq-focused consultancy firm.
“Arguably some of the Cabinet decisions are subject to challenge as well. But no one is challenging them, and if Al Kadhimi can point to some previous policy decision that they are simply completing, then perhaps some decisions can be defended as being valid caretaker powers,” he said.
Mr Sowell added that another long delay without a budget — as happened in 2014 — could have a serious impact on services down the line.
“Given how ineffective the government is even when money is approved on time, it will be more ineffective if a new government decides to try to spend it in large quantities after a long delay,” he said.
Moqtada Al Sadr digs in
In October, Iraq held early elections in response to one of the core demands of a nationwide, pro-reform protest movement that erupted in 2019.
But since then, political rivals have failed to reach an agreement on the formation of a new government.
The main rift is mainly among Shiite political adversaries.
Shiite cleric Moqtada Al Sadr, whose political group took 73 of the 329 seats in Parliament, wants to form a majority government only with the winners among Sunni and Kurdish political parties.
This has irritated his rivals from the Iran-backed Co-ordination Framework, who have been delayed forming the government to force Mr Al Sadr to give them a voice.
Sunday’s ruling came after some lawmakers aligned with the Co-ordination Framework requested an explanation from President Barham Salih on the caretaker government’s authority. He, in turn, sent the question to the court.
The ruling is “politically motivated as the bill has been supported by one side and rejected by another which wants to derail the process to exercise more pressure”, Hadi Jalo Marie, chairman of the Political Decision think tank in Baghdad, told The National.
“I don’t see the latest development pushing rivals to negotiating tables, but it will further deepen the rifts among them,” he added.
Shortly after Sunday’s ruling, Mr Al Sadr acknowledged that he had failed to form a new government, giving his partners and rivals 30 days to reach agreement.
“Because of the increased pressure made on me from inside and outside on the idea of forming a national majority government, I didn’t succeed at this endeavour,” Mr Al Sadr said in a statement.
He blamed independents who have resisted calls from both rival political blocs to take a side.
“We are left with one option that we should try, which is turning into a national opposition for at least 30 days,” Mr Al Sadr said.
If other parties fail to form the government, “we will have another decision that we will announce then”, he added.
On Monday, Mr Al Sadr reiterated his firm stance against forming a government with the Co-ordination Framework.
“Do you think that your acts will force us to ally with you?” Mr Al Sadr said in a pre-recorded televised speech. “No, and a thousand times no.”
He vowed “not take Iraq back to corruption, detestable consensus and Muhassasa”, referring to the quota-based system introduced after 2003 that aims to give equal representation to the country's different religious and ethnic communities.
Tips for SMEs to cope
- Adapt your business model. Make changes that are future-proof to the new normal
- Make sure you have an online presence
- Open communication with suppliers, especially if they are international. Look for local suppliers to avoid delivery delays
- Open communication with customers to see how they are coping and be flexible about extending terms, etc
Courtesy: Craig Moore, founder and CEO of Beehive, which provides term finance and working capital finance to SMEs. Only SMEs that have been trading for two years are eligible for funding from Beehive.
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Ten tax points to be aware of in 2026
1. Domestic VAT refund amendments: request your refund within five years
If a business does not apply for the refund on time, they lose their credit.
2. E-invoicing in the UAE
Businesses should continue preparing for the implementation of e-invoicing in the UAE, with 2026 a preparation and transition period ahead of phased mandatory adoption.
3. More tax audits
Tax authorities are increasingly using data already available across multiple filings to identify audit risks.
4. More beneficial VAT and excise tax penalty regime
Tax disputes are expected to become more frequent and more structured, with clearer administrative objection and appeal processes. The UAE has adopted a new penalty regime for VAT and excise disputes, which now mirrors the penalty regime for corporate tax.
5. Greater emphasis on statutory audit
There is a greater need for the accuracy of financial statements. The International Financial Reporting Standards standards need to be strictly adhered to and, as a result, the quality of the audits will need to increase.
6. Further transfer pricing enforcement
Transfer pricing enforcement, which refers to the practice of establishing prices for internal transactions between related entities, is expected to broaden in scope. The UAE will shortly open the possibility to negotiate advance pricing agreements, or essentially rulings for transfer pricing purposes.
7. Limited time periods for audits
Recent amendments also introduce a default five-year limitation period for tax audits and assessments, subject to specific statutory exceptions. While the standard audit and assessment period is five years, this may be extended to up to 15 years in cases involving fraud or tax evasion.
8. Pillar 2 implementation
Many multinational groups will begin to feel the practical effect of the Domestic Minimum Top-Up Tax (DMTT), the UAE's implementation of the OECD’s global minimum tax under Pillar 2. While the rules apply for financial years starting on or after January 1, 2025, it is 2026 that marks the transition to an operational phase.
9. Reduced compliance obligations for imported goods and services
Businesses that apply the reverse-charge mechanism for VAT purposes in the UAE may benefit from reduced compliance obligations.
10. Substance and CbC reporting focus
Tax authorities are expected to continue strengthening the enforcement of economic substance and Country-by-Country (CbC) reporting frameworks. In the UAE, these regimes are increasingly being used as risk-assessment tools, providing tax authorities with a comprehensive view of multinational groups’ global footprints and enabling them to assess whether profits are aligned with real economic activity.
Contributed by Thomas Vanhee and Hend Rashwan, Aurifer
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The specs
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EMERGENCY PHONE NUMBERS
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Ministry of Health and Prevention – 80011111
Dubai Health Authority – 800342 – The number to book a free video or voice consultation with a doctor or connect to a local health centre
Emirates airline – 600555555
Etihad Airways – 600555666
Ambulance – 998
Knowledge and Human Development Authority – 8005432 ext. 4 for Covid-19 queries
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Tips for job-seekers
- Do not submit your application through the Easy Apply button on LinkedIn. Employers receive between 600 and 800 replies for each job advert on the platform. If you are the right fit for a job, connect to a relevant person in the company on LinkedIn and send them a direct message.
- Make sure you are an exact fit for the job advertised. If you are an HR manager with five years’ experience in retail and the job requires a similar candidate with five years’ experience in consumer, you should apply. But if you have no experience in HR, do not apply for the job.
David Mackenzie, founder of recruitment agency Mackenzie Jones Middle East
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Guide to intelligent investing
Investing success often hinges on discipline and perspective. As markets fluctuate, remember these guiding principles:
- Stay invested: Time in the market, not timing the market, is critical to long-term gains.
- Rational thinking: Breathe and avoid emotional decision-making; let logic and planning guide your actions.
- Strategic patience: Understand why you’re investing and allow time for your strategies to unfold.
UAE jiu-jitsu squad
Men: Hamad Nawad and Khalid Al Balushi (56kg), Omar Al Fadhli and Saeed Al Mazroui (62kg), Taleb Al Kirbi and Humaid Al Kaabi (69kg), Mohammed Al Qubaisi and Saud Al Hammadi (70kg), Khalfan Belhol and Mohammad Haitham Radhi (85kg), Faisal Al Ketbi and Zayed Al Kaabi (94kg)
Women: Wadima Al Yafei and Mahra Al Hanaei (49kg), Bashayer Al Matrooshi and Hessa Al Shamsi (62kg)
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