Sunday 19 October 2014

Board of Supreme Audit / IRAQ




Board of Supreme Audit


The Historical development:

The Board of supreme audit has passed through four successive stages each one represented by issuance law of the laws of  financial audit .

The first stage 1927-1968:

          According to the law no .(17)1927 office of auditing general accounts established which was known later as ``Board of accounts auditor general`` two amendments made on this law for extending the duties of the Board of accounts auditor general .

The following items show the defaults of the board performance during the above mentioned period:

A-The scope of the Board work was not absolute as the second article of the law defined the bodies and the fields by which the Board can fulfil the audit activities while the other required legal provision .

B-Some of the administrative and financial specialties of the Board bounded to a certain degree because they subjected to the provision and supervision of the ministry of finance as the election of the accounts auditor general about the board staff and his conducting of the budget is submitted to the audit and approval of the ministry of finance.

C-The Board had no jurisdiction which assisted the executive auditing of not being concerned about the Board reports that consist of highly serious violations.

D-The law provided that the appointment of the accounts auditor general made according to the recommendation of the prime minister and the approval of the cabinet likewise in case of transmitting or removing him so the Board didn’t have the independence to insure practicing its tasks away from any influence by the executive authority .

E-The intense weakness which was characterized the Board staffs in number and qualification because it didn’t go along with the great expansion which the state actions and activities had been witnessed and the scientific progress that occurred in the occupation of accounting and audit through the communication and interaction with the scientific and vocational associations and the  institutions .
In spite of all that what the legislation is mentioned above can be regarded as advanced step having great influence in making the general independent audit in Iraq on the upright manner which matches in its trend what is the most modern adopted in the advanced countries in this field.

 The second stage 1968-1980:

The socialist developments that the country witnessed after February revolution 1963 and its resultant of wide development plans led the country to work on developing the audit institution in Iraq by broadening its authorities and specializations  elevating its efficiency so that it could match with the occurring development in the state functions the transitional law provided of establishing the authority of financial audit which is called The Board of Supreme Audit related to the revolutionary command council and substituted of auditing the actions of the executive authorities and organized its affairs by a special law .

The law No. (42) 1986 is legislated and enabled of determining the following key features :

1-The law enlarged the Board frame work for the institutions which subjected to its audit from the types of transactions proceeding from these institutions.

2-The law granted the Board juridical technical administrative and financial powers which surpassed the powers provided in the previous law which stipulated the following :-

A-Restricting the preparation and execution of the Board budget to the audit council.

B-Restricting the appointment of employers in the Board and organizing their affairs to the audit council.

C-The law granted the council the authority of referring the offenders to a discipline committees and competent courts after putting them under investigation.

d- The council of financial control is empowered by the law to suspend the violator or remove him temporarily.

e-The significance habilitation and development of the Board staffs is asserted by the law.

f- Employees of the Board are endowed with some privileges like allowances and auditing allocations.

g- Board of supreme Audit is empowered pursuing the different kinds of audit and it asserted the significance of practicing of performance and efficiency.

h- Council of financial control is authorized by the law to claim an amendment to be made to laws , regulations and instructions if the Board deemed that the lack of efficiency is resulted from the deficiency of legislation .

I-The Board is authorized by the law to reporting to different administrative levels in addition to submitting a special annual report to the legislative authority.

j-Authority of financial control is granted some legal immunities by the law. 

Phase 3 (1980-1990)

As a result the wide economic development and practical difficulties accompanied the application of act (42)-1986, and they are:

a-The Board was empowered with jurisdiction powers that weren't practiced while the act was valid.

b- The deficiency of the Board’s organizational structure and its incompatibility with that of the state.

c- The Board’s indistinctive area of responsibility .

d- The indistinctivity and inaccuracy in determining the Board’s objectives .

e- Inexistence of necessary stability to the chairman and members of the council and the hardness of committing to the conditions of appointing a president and members to the council of financial control .

f-Not providing enough flexibility to make changes to the components in away that secures apprehension of variables in work .
Thus, act no. (194) was enacted to be known with the following features:

a-The clarity of goals established in Article (2) of the law .

b-The Board’s area of responsibility is established in a clear and accurate way that was defined in Article      (3) of the law .

c-The Financial independence of the Board is
      promoted through the law (especially when related to its budget).

d-The Board’s area of responsibility was widened by the law and as provided in Articles (3) and (4) .

e-The law eliminated some unapplicable provisions  in the old law including some jurisdictions .

f-The law handled administrative formations in a  way that goes along with the nature of the Board’s activity and the administrative divisions of the government institutions.

g-The condition of appointment to primary positions in the light of the new law gives more stability to the board and brings people with the required qualifications and experiences to practice the activities of the Board .

h-The law widened the financial privileges of the  Board employees.
   The law asserted the importance of developing the Board staffs by arranging courses, giving chances for  habilitation and increasing knowledge .

 Phase 4 (1990 – up to now)

 Article (6) – (1990) ,(The Board of supreme Audit law) was enacted and still into force the purposes of:
Setting the role, duties, and specialties of the Board of supreme Audit and enhancing it’s role to participate in improving the performance of the state’s institutions . to enable this Board to secure the auditing requirements and its needs of resources ,civil equipments , and information whether to say an opinion about the truth of the financial situations and the activity results or to evaluate the  performance of executive institutions  under its review . to find administrative and organizational structures that go along with the phases of the development of national economy and gives enough flexibility to the Board in planning and assigning duties and specialties .
   To secure the required central supervision to direct controlling tasks  and  developing the bases principles ,means and ways of implementation and assess the results In addition to enabling  the Board to cover all the services and institutions of the state in the governorates with auditing and supervision with the highest level of competence and efficiency .




Strategic Goals of the Board

These are represented in the following:

1.     Keeping the public fund.
2.     Support of the public accountability.
3.     Enhancing economy.

Below we shall survey tasks and authorities of the Board and the scope of its control in the light of the Board by-law No. 6 of 1990 and its amendments.

A.   Article 2 of the by-law explained the tasks done by the Board which are as follows :

1. Controlling and auditing accounts of parties subject to control and making sure of applying financial laws, regulations and instructions

2. Controlling and assessing performance

3. Offering technical support in the audit and control fields

4. Disseminating accounting & audit systems based on internationally approved standards

5. Through auditing and performance assessment, uncovering evidence of corruption, fraud, wasting, mal-tackling, inefficiency in receiving, expending and dealing with public wealth

6. Investigating & informing of expending efficiency, and use of public wealth as it is officially required by the national legislative authority.

7. All claims of corruption, fraud, wasting,  bad use or inefficiency in expending or using the public fund are referred to the General Inspector of the relevant Ministries or directly to the Integrity Commission as it is deemed suitable.

8. Imposing systems and procedures to act as a supreme audit body in Iraq.


B.  The Board Specialties and Authorities

1.     Checking & auditing state revenues and expenditures and all other financial obligations in a planning or taxing or expending manner.

2.     The Board has the right to be acquainted with the documents and dealings relevant to the financial control tasks be they ordinary or secretive

3.     Doing audit & control according to rules and independents standards and customary ways and methods.   

4.     In case of non availability of necessary records for the Board to do audit  and performance assessment, it can submit a written request to the General Inspector of the relevant Ministry which in the span of two days has to furnish the records to the Audit Board or explain the reasons that were conducive to non availability , yet in case of the Board  being not convinced the whole matter is referred to the Integrity Commission.

5.     The Board has the authority to audit the secretive programs and to issue secret reports since the auditor has the proper security authorization.

6.     The Board has the authority to do financial evaluation of the state contracts

C.  Scope of the Board Work

It comprises the following parties:

1.     State offices and Govt. sector which deals with the public wealth in taxing , expending , planning, exchanging, trading, or service producing are subjected to the Financial Control.

2.     Courts are exempted from the rule of Para (A) concerning their legal specialties.

3. Mixed sector companies, societies and consultant offices.

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