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Term --FCTC-Based Definition Iraq
Workplace View Definition

An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)

Not Defined
No
Analysis

The law does not contain a definition of "workplace." While this term is not used in the law, and therefore a definition is not strictly necessary to interpret the law, the failure to define this key term may impede efforts to implement FCTC Art. 8 and the FCTC Art. 8 Guidelines.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should make clear that smoking is prohibited in all indoor workplaces, and define the term "workplace" in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Not Defined
No
Analysis

The law does not contain a definition of "public transport." Failure to define this key term may impede implementation and enforcement of the provision prohibiting smoking in public transport. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition "public transport" in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)

Not Defined
No
Analysis

The law does not contain a definition of "second hand smoke." However, a definition of this term is not strictly necessary because the law prohibits "smoking" in public places, rather than prohibiting "exposure to second hand smoke."

Not Applicable
Not Applicable
Smoking or Smoke View Definition

Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)

Defined
Yes
Analysis

The definition of "smoking" contained in the law does not align with the definition provided in the FCTC Art. 8 Guidelines because, by focusing on "use" of a tobacco product, it does not encompass the concept of being in possession of a lit tobacco product, regardless of whether the smoke is being actively inhaled.

Not Applicable
Not Applicable
Public Place View Definition

An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)

Not Defined
No
Analysis

The law does not contain a definition of "public place." While a definition of "public place" is not strictly necessary to interpret the law because the law contains a list of types of public places where smoking is prohibited, the failure to define this key term may impede efforts to implement FCTC Art. 8 and the FCTC Art. 8 Guidelines.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should make clear that smoking is prohibited in all indoor public places, and define the term "public place" in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Tobacco Product View Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Not Defined
No
Analysis

The law does not contain a definition of "tobacco product." Failure to define this key term may impede implementation and enforcement of the provision prohibiting smoking of tobacco products in public places. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "tobacco product" in accordance with the definition provided in FCTC Art. 1(f).

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)

Not Defined
No
Analysis

The law does not contain a definition of "indoor" or "enclosed." While this term is not used in the law, and therefore a definition is not strictly necessary to interpret the law, the failure to define this key term may impede efforts to implement FCTC Art. 8 and the FCTC Art. 8 Guidelines.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should make clear that smoking is prohibited in all indoor public places and indoor workplaces, and define the term "indoor" in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Iraq
All indoor workplaces
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in a specified list of types of public places. Due to this, certain types of workplaces may escape the smoking ban, either intentionally or unintentionally. For example, indoor stadiums and arenas, bus stations, and train stations (which are workplaces for some people) are not on this list. Therefore, the regulatory status "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor workplaces and indoor public places, and define "workplace" and "public place" in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
All indoor public places
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in a specified list of types of public places. Due to this, certain types of places may escape the smoking ban, either intentionally or unintentionally. For example, indoor stadiums and arenas, bus stations, and train stations are not on this list. Therefore, the regulatory status "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor workplaces and indoor public places, and define "workplace" and "public place" in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
All public transport
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in "all collective public and private means of transportation, whether by land, sea or air, either on domestic or foreign routes."

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public transport.

Not Applicable
Not Applicable
Government facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking within the premises of presidential bodies, ministries, and departments. While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present. Therefore, smoking is prohibited inside government facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in government facilities.

Not Applicable
Not Applicable
Private offices
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in "business offices." While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present. Therefore, smoking is prohibited in private offices.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in private offices.

Not Applicable
Not Applicable
Hospitals
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking within the premises of health institutions. While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present. Therefore, smoking is prohibited in hospitals.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in hospitals.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking within the premises of health institutions. While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present. Therefore, smoking is prohibited in public areas of residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public areas of residential healthcare facilities.

Not Applicable
Not Applicable
Non-residential healthcare facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking within the premises of health institutions. While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present. Therefore, smoking is prohibited in non-residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in non-residential healthcare facilities.

Not Applicable
Not Applicable
Childcare facilities/preschools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking within the premises of educational and teaching institutions. This is interpreted as covering childcare facilities and preschools. While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present. Therefore, smoking is prohibited in childcare facilities and preschools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in childcare facilities and preschools.

Not Applicable
Not Applicable
Primary and secondary schools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking within the premises of educational and teaching institutions. While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present. Therefore, smoking is prohibited in primary and secondary schools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in primary and secondary schools.

Not Applicable
Not Applicable
Universities/vocational facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking within the premises of educational and teaching institutions. While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present. Therefore, smoking is prohibited in universities and vocational facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in universities and vocational facilities.

Not Applicable
Not Applicable
Shops
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in "commercial markets", which includes shops. While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present. Therefore, smoking is prohibited in shops.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in shops.

Not Applicable
Not Applicable
Cultural facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in theaters and cinemas, as well as government ministries and departments. Because cultural facilities are run by the Ministry of Culture, the law is interpreted as prohibiting smoking in all cultural facilities. While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in cultural facilities.

Not Applicable
Not Applicable
Indoor stadium/arenas
Uncertain
“Uncertain”: The smoke free status of the place is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis

The law prohibits smoking in specified types of public places. Indoor stadiums and arenas do not fall within any of the specified categories. However, the Ministry of Youth and Sports is tasked with ensuring compliance with the ban on smoking in sports facilities and youth centers. Therefore, the regulatory status code "Uncertain" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all types of indoor public places and workplaces, including indoor stadiums and arenas.

Not Applicable
Not Applicable
Restaurants
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in restaurants. While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present. Therefore, smoking is prohibited in the premises of restaurants.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in restaurants.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in "clubs" and "restaurants," which is interpreted as covering all bars, pubs, and nightclubs. While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present. Therefore, smoking is prohibited in the premises of bars, pubs, and nightclubs.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in bars, pubs, and nightclubs.

Not Applicable
Not Applicable
Casinos
Uncertain
“Uncertain”: The smoke free status of the place is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis

The law prohibits smoking in specified types of public places. Casinos do not fall within any of the specified categories. However, it is unclear whether there are currently any casinos in Iraq. Therefore, the regulatory status "Uncertain" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all types of indoor public places and workplaces, including casinos if they exist in Iraq.

Not Applicable
Not Applicable
Hotels/lodging - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in hotels. While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present. Therefore, smoking is prohibited in public areas of hotels.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public areas of hotels.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in hotels. While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present. Therefore, smoking is prohibited in hotel guest rooms.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in hotel guest rooms.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
Uncertain
“Uncertain”: The smoke free status of the place is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis

The law prohibits smoking in government "ministries and departments." Because prisons and detention facilities are often run by government entities, this provision could be interpreted as prohibiting smoking in public areas of prisons and detention facilities. However, because the law does not clearly state that smoking is prohibited in all government facilities, including prisons and detention facilities, the regulatory status code "Uncertain" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all types of indoor public places and workplaces, including prisons and detention facilities.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in "all collective public and private means of transportation, whether by land, sea or air, either on domestic or foreign routes." Therefore, smoking is prohibited in trains, buses, and other shared ground transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in trains, buses, and other shared ground transportation.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in "all collective public and private means of transportation, whether by land, sea or air, either on domestic or foreign routes." Therefore, smoking is prohibited in taxis.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in taxis.

Not Applicable
Not Applicable
Commercial aircraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in "all collective public and private means of transportation, whether by land, sea or air, either on domestic or foreign routes." Therefore, smoking is prohibited in commercial aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial aircraft.

Not Applicable
Not Applicable
Commercial watercraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in "all collective public and private means of transportation, whether by land, sea or air, either on domestic or foreign routes." Therefore, smoking is prohibited in commercial watercraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial watercraft.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking within the premises of airports. While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present. Thus, smoking is prohibited at airports. However, the law does not address smoking in other public transportation facilities, such as bus and train stations. Consequently, the law is interpreted as allowing smoking in these types of transport facilities. Therefore, the regulatory status code "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all types of indoor public places and workplaces, including all public transport facilities.

Not Applicable
Not Applicable
Iraq
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
Yes
Yes
Not Applicable
Not Applicable
Iraq
Post signs
No
No
Analysis

The law does not impose a duty upon business owners, employers, or supervisors to post signs in places where smoking is prohibited. Instead, the law imposes a duty to post signs in designated smoking areas noting that the area is a smoking area.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers, and/or supervisors to post "No Smoking" signs in places where smoking is prohibited and impose appropriate penalties and corrective measures for violations of that duty.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

The law does not impose a duty upon business owners, employers, and/or supervisors to remove ashtrays in places where smoking is prohibited.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers, and/or supervisors to remove ashtrays and impose appropriate penalties and corrective measures for violations of that duty.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
No
No
Analysis

The law does not impose a duty upon business owners, employers, and/or supervisors to take steps to require a person to stop smoking in a no smoking area.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers, and/or supervisors to take steps to require a person to stop smoking and impose appropriate penalties and corrective measures for violations of that duty.

Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis

A person who smokes in a place where smoking is prohibited is subject to a fine of ID 10,000.

The FCTC Art. 8 Guidelines state: "Larger penalties are required to deter business violators than to deter violations by individual smokers, who usually have fewer resources." While the law imposes penalties on individual smokers, it does not impose any penalties on business violators. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose penalties on business violators as well as individual smokers.

Not Applicable
Not Applicable
Other
Yes
Yes
Analysis

Owners of premises who refuse to set aside a designated smoking area in accordance with Art. 5 of the law are subject to a fine of ID 250,000. Pursuant to Directive No. 1 of 2014, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present.

Not Applicable
Not Applicable
Iraq
Are sub-national jurisdictions permitted to have smoke-free laws?
Yes
Yes
Not Applicable
Not Applicable