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Parliamentary energy is discussing with the ministry the resolution of the oil and gas laws


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BAGHDAD / 

Former oil minister Jabbar al-Luaibi on Thursday called for the completion of the national company and the disregard of political rivalries in government institutions. 

"We found from Prime Minister Adel Abdul Mahdi, the lack of desire to receive the post of president of the National Oil Company," Al-Allaibi told a news conference in the House of Representatives and attended by "Al-Ghad Press". He called on parliament to "complete the company."

He called for "turning a blind eye to the political skirmishes," indicating that "fragmentation bloc reached the institutions of the state and the resource on which the Iraqis live."
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Abdulmahdi refuses to hand over the post of president of the National Oil Company for the defect and the last request

03:15 - 06/12/2018

 
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BAGHDAD - Mawazine News 
MP Jabbar Ali al-Allaibi, on Thursday, that Prime Minister Adel Abdul-Mahdi refused to take over the post of president of the National Oil Company. 
"We found from Prime Minister Adel Abdul Mahdi, the unwillingness to receive the post of president of the National Oil Company," said the former oil minister at a press conference held in the House of Representatives and attended by "Mawazin News" 
The House demanded "the need to complete the national company, On the political skirmishes and fragmentation of the bloc that reached the institutions of the state. " 
The former cabinet had voted on the appointment of Allaibi as head of the National Oil Company 
The House voted to cancel the previous decisions of the Council of Ministers during the period of business, including the appointment of Allaibi.

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MP Jabbar Laibi calls on the House of Representatives to urge the Prime Minister to activate the National Oil Company for its importance in the economy of the country

MP Jabbar called for my fault. On Thursday 6/12/2018 Iraqi Council of Representatives to move and urged the Prime Minister to activate the work of the National Oil Company. 
"After my last meeting with Prime Minister Adel Abdul Mahdi, we expressed a clear desire to postpone the work of this company at the moment," MP Luaibi told a news conference in the House of Representatives.

"Therefore, I think that the opportunity today is appropriate and call on the deputies as representatives of the Iraqi people to complete the formation of the National Oil Company in order to perform its legal and technical tasks, regardless of who manages it only by the criterion of efficiency, integrity and sincerity." 
The MP pointed out that "this company is the most capable and efficient to manage the oil file and the expected qualitative leaps in this sector because of its high returns on our economy and the prosperity of the country beyond the bureaucracy inherited and keep pace with developments in this important industry."

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  • yota691 changed the title to Khallati: We called Abdul Mahdi to activate the work of the National Oil Company and grant its management of the defect
  • 2 weeks later...

Parliamentary energy intends to ask a parliamentary question to the government on the non-application of the law of the oil company

13:30 - 02/01/2019
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Information / Baghdad ..

The parliamentary oil and gas committee, on Wednesday, expressed its intention to ask a parliamentary question to the government and the Ministry of Oil to indicate the failure to implement the law of the Iraqi Oil Company, which was approved six months ago and published in the Official Gazette.

A member of the Committee Zaher al-Abadi said in a statement to the information that "the failure to implement the law of the Iraqi oil company arbitrary action against the Iraqi people and the oil industry and unfair against the provinces producing and manufacturing of oil."

He added that "the law began more than six months and approved by the President of the Republic in addition to its publication in the Official Gazette and did not challenge the Federal Court," asserting that "the oil and gas committee will ask a parliamentary question to the Prime Minister and the Minister of Oil to explain the reasons for non-implementation of the law."

The former oil minister Ibrahim Bahr al-Uloum sent a letter on Wednesday to President Barham Salih urging him to intervene in order to implement the law of the National Oil Company and to put it into force, while describing the law as "outstanding achievement," considered the delay in the application of the law a serious constitutional violation. Ending / 25

https://www.almaalomah.com/2019/01/02/378896/

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Feels good huh..... Same ole merry go round with freshly painted Camels, Goats & Donkeys to ride on: whizzing past that Brass Ring that we never seem to grab ahold of. Off key Circus music playing our favorite Iraqi classics-HELLLLLOOO 2019 🎉🎉🎉🎉🎉🎉

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  • yota691 changed the title to Former oil minister calls for the activation of the National Oil Company
Former oil minister calls for the activation of the National Oil Company
Former oil minister calls for the activation of the National Oil Company

Former oil minister Ibrahim Bahr al-Ulum called on the president to intervene to stop the constitutional violation of the non-activation of the National Oil Company.

Bahr al-Ulum said in a statement that "the law of the Iraqi National Oil Company, published in the Official Gazette on 9 April 2018, which confirmed Article 19 of the law, granted the Ministry of Oil six months from the publication of the law to enable the company to begin to organize its center for its activity "He said. 

He added that "the Oil Ministry and the Prime Minister in his capacity as direct executive officer of the general policy of the state as provided for in Article 78 of the Constitution are the parties entrusted with the implementation of this law." 

He explained that "in the event of any appeals before the Federal Supreme Court, the general principles of the law and proper application does not require any contradiction between the activation of the provisions of the law on the one hand and respect any decision issued by the Federal Court on the revocation of any of its articles on the other hand, Who has any observations to follow the path prescribed by the legislation in force to amend this law. " 

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The government is ready to amend the law of the National Oil Company

09:16 - 17/01/2019
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Information / Baghdad ..

Deputy Prime Minister for Energy Affairs and Minister of Oil Thamer Al-Ghadhban expressed on Thursday his ministry's readiness to amend the law of the National Oil Company in the event that it was returned to the government. He also stressed the need to accelerate the implementation of the projects of the two pipelines transporting crude from Kirkuk to Ceyhan, Northern transport to acquire the flexibility of transport and export.

Al-Ghadhban said in a statement published by the official newspaper "Al-Sabah" that his ministry "has prepared a plan to diversify the ports of export of crude, as it is working seriously and on a daily basis to prepare plans and programs regarding the export of oil from Rumaila fields to the port of Aqaba, The alternative to export oil in the direction of the Turkish port of Ceyhan, starting from Kirkuk, in addition to linking the internal network of the north to the south. "

He added that "the establishment of these projects, will allow Iraq the ability to maneuver and flexibility in the transfer and export of oil for strategic and economic reasons, and in the event of an emergency or stop or shrink in a certain port," explaining "the existence of other outlets to ensure the stability of the export system and the rates of crude production and associated gas" .

Al-Ghadhban pointed out that his ministry is currently waiting for the decision of the federal court on the law of the Federal National Oil Company, and that the House of Representatives saw his withdrawal and referred it to the government to be based on the opinion of the federal government, especially the Ministry of Oil.

He stressed the commitment of his ministry to "re-establish or form the Iraqi National Oil Company, as it will be a technical institution specialized in the operation and away from politics and quotas and with the current companies that have branches or owned by the law," noting that his ministry "and a reform vision, Separation between the activities of operation and marketing, and the activity of the Federal Ministry representing the state.

 

Al-Ghadban added that his ministry should "formulate the policies and plans, develop strategies and work on legislating the laws regulating its activities, oil and gas investments and dealing with hydrocarbons, in addition to representing the country with international organizations, introducing specifications and modern technology, developing the staff and ensuring that Iraq is satisfied with products Hydrocarbons and diversification of sources of income ". Ending / 25

https://www.almaalomah.com/2019/01/17/383470/

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  • yota691 changed the title to The government is ready to amend the law of the National Oil Company
17-01-2019 11:10 AM

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Baghdad / News

Deputy Prime Minister for Energy Affairs and Minister of Oil Thamer Ghadhban expressed on Thursday his ministry's readiness to amend the law of the National Oil Company in the event that it was returned to the government. He also stressed the need to accelerate the implementation of the pipeline projects from Kirkuk to Ceyhan, Rumaila, Northern transport to acquire the flexibility of transport and export .

Al-Ghadhban said in a statement to the government daily Al-Sabah that his ministry has prepared a plan to diversify the ports of export of crude, as it is working seriously on a daily basis to prepare plans and programs regarding the export of oil from the fields Rumaila towards the port of Aqaba and accelerate the establishment of alternative pipeline to export Nafot towards the Turkish port of Ceyhan Starting from Kirkuk, in addition to linking the northern internal pipeline network to the south . "

He added that "the establishment of these projects, will allow Iraq the ability to maneuver and flexibility in the transfer and export of oil for strategic and economic reasons, and in the event of an emergency or stop or shrink in a certain port," explaining "the existence of other outlets to ensure the stability of the export system and the rates of production of crude and associated gas " .

Al-Ghadhban pointed out that his ministry is currently waiting for the decision of the Federal Court on the law of the Federal National Oil Company, and that the House of Representatives saw his withdrawal and referred it to the government to be based on the opinion of the federal government, especially the Ministry of Oil .

He stressed the commitment of his ministry to "re-establish or form the Iraqi National Oil Company, as it will be a technical institution for the operation and away from politics and quotas and with the current companies that have branches or owned by the law," noting that his ministry "and a reform vision, Separation between the activities of operation and marketing, and the activity of the Federal Ministry representing the state .

Al-Ghadban added that his ministry should "devise to formulate policies and plans, develop strategies and work on legislating the laws regulating its activity, oil and gas investments and dealing with hydrocarbons, in addition to representing the country with international organizations, introducing specifications and modern technology, Hydrocarbons and diversification of sources of income ".

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Oil plans to diversify crude export outlets

07:30 - 17/01/2019

 
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BAGHDAD (Reuters) - 
Oil Minister Thamir al-Ghadhban announced on Thursday a plan to diversify crude oil export outlets. 
"The ministry has prepared a plan to diversify the ports of export of crude from the fields of Rumaila to the port of Aqaba and to accelerate the establishment of an alternative pipeline for the export of oil towards the Turkish port of Ceyhan, starting from Kirkuk, South. " 
He added that "the plan also requires the existence of other outlets to ensure the stability of the export system and the rates of crude production and associated gas." 
Al-Ghadhban pointed out that "the ministry is currently awaiting the decision of the Federal Court on the law of the Federal National Oil Company, indicating the Ministry's commitment to the Iraqi National Oil Company."

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  • yota691 changed the title to The text of the Federal Court's appeal of articles in the law of the National Oil Company
Editorial date: 2019/1/23 12:16  281 times read
Federal Court rules unconstitutional articles in the law of the National Oil Company
(Baghdad: Al-Furat News) The spokesman for the Federal Supreme Court, Elias Samok, the ruling unconstitutionality of articles in the law of the National Oil Company ".. Follow
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  • yota691 changed the title to Federal Court rules unconstitutionality of articles in the law of the National Oil Company
Date of release: 2019/1/23 12:20  185 times read
The text of the Federal Court's appeal of articles in the law of the National Oil Company
The Federal Supreme Court issued a constitutional ruling on the appeals contained in articles in the law of the Iraqi National Oil Company No. (4) for the year 2018, which ruled unconstitutional section of those materials, including on the identification of the objectives of the company and the process of marketing oil.
"The Supreme Federal Court held its session today under the chairmanship of Judge Medhat al-Mahmoud and the presence of all members of the judges and considered the appeals contained in the law of the Iraqi National Oil Company and issued a ruling on them." 
Al-Samok added that "the court found that the constitutional articles that directly govern the subject of the case are: Article (5) of the Constitution, which stipulates" the sovereignty of the law and the people, the source of the authorities. "Article 61 (1) of the Constitution, (62 / II) of the Constitution, which provides for (the House of Representatives to move between the doors and chapters of the general budget and reduce the total amounts, and if necessary to propose to the Council of Ministers to increase the total amount of expenditure.
He added that "the articles according to the ruling of the Federal Supreme Court also includes Article (78) of the Constitution, which called on the Prime Minister the responsibility for the direct implementation of public policy of the state, and Article (80) of the Constitution, which in paragraphs (I and IV) the Council of Ministers the authority to plan and implement the policy And the general plans of the state and the preparation of the draft general budget and the final account and development plans.
He pointed out that "the court stated in its ruling Article (106) of the Constitution, which decided the existence of a public body to monitor the allocation of federal imports and justice, and Article 110 of the Constitution provided for the exclusive powers of the federal authorities, including the provision of paragraph (first) (Drafting the foreign economic and trade policy sovereign), and paragraph (III) of which stipulated (the drawing of fiscal and customs policy and issuance of currency and regulation of trade policy across the borders of the province and provinces in Iraq and the development of the general budget of the state and the formation of monetary policy and the establishment of the Central Bank and its administration).
The official said that "the court cited the article (111) of the Constitution, which decided that oil and gas is the property of the Iraqi people in all regions and provinces, and Article (112) of the Constitution, where paragraph (I) of them that the management of oil and gas extracted from The current fields are handled by the federal government with the governments of the provinces and producing provinces to distribute their imports in a fair manner commensurate with the distribution of population throughout the country taking into account the affected regions and those that were unfairly deprived by the former regime and then affected to ensure the balanced development of different regions of the country " .
He added that "the Court mentioned paragraph (II) of the same article provides for the validity of the federal government and the governments of regions and provinces producing together to draw strategic policies to develop the wealth of oil and gas, and Article (114) of the Constitution, which specialized in the statement of common competencies between the federal authorities and regional authorities, Development and general planning and the design and organization of the internal financial resources policy to ensure fair distribution. " 
"The Supreme Federal Court found that the inclusion of any text in the law leads to the removal of jurisdiction of the exclusive federal authorities or joint competencies between them and the authorities of the provinces and provinces producing oil and gas is contrary to the provisions of the Constitution and the need to rule unconstitutional." 
He went on to say, "The Federal Supreme Court and based on the above decided to rule on the unconstitutionality of the following articles:
Article (3) of the law, because the tasks carried out by its objectives are contrary to the provisions of Article (112) with its paragraphs (1) and (II) and Article (114) of the Constitution. The tasks mentioned in Article (3) The federal government with the governments of oil-producing provinces and provinces. 
2 - Paragraph (III and V) of Article (4) of the law and as far as the process of marketing oil, as this is the functions of the Ministry of Oil and the associated company, in contradiction to Article (112) of the Constitution. 
Article (7 / I / 1) of the law, which stipulates that "the company shall be headed by an employee with the rank of minister ...", in contradiction to the provisions of Article 62 / II of the Constitution. .
Article (h) of paragraph (2) of Article (7) concerning the making of the oil company (somo) from the formations associated with the status of the company, in contradiction to the provisions of Article (110 / I and III) of the Constitution. 
5- Article (8) of the law which stipulates the functions of the Board of Directors and that the majority of these functions are the competencies of the federal government with the oil producing regions and governorates together on the basis of Articles (78), (80) and (112) of the Constitution.
Article (11) of the law, which stipulates (first: the company deducts an amount covering all investment and operational costs and not less than the average cost in all fields invested for each barrel of crude oil and gas produced plus a certain percentage of profit and this is determined by agreement between The Ministry of Finance and the Ministry of Finance and the Ministry of Finance and the Ministry of Finance and the Ministry of Finance and the Ministry of Finance and the Ministry of Finance after the end of the financial year of the company and after the completion of the final accounts and ratification ) For its incompatibility with the provisions of Articles (78), (80), (111) and (112) of the Constitution. 
Article (12) of the law, which showed the financial revenues of the company and its profits and distribution, in violation of the provisions of Articles (78), (80 / First and Second), (106), (111) and (112) of the Constitution. 
Article (13 / second) of the law stipulates that "Excluding the incentives of the employees of the company from the provisions of the law of the salaries of state employees and the public sector No. 22 of 2008 and this shall be determined by a system issued by the Council of Ministers. II) of the Constitution where it included a financial burden not taken in the opinion of the Council of Ministers.
9- Article (16) of the law stipulated in paragraph (1) that the company and the companies owned by it shall be excluded from the financial management law, the public companies law, the customs law, the foreign residency law, the government contracts execution law, Article (5) of the Constitution shall be issued by the Council of Ministers and at the suggestion of the Company to replace the exempted laws provided for in paragraph (1) of this article individually to guarantee the rights of the public treasury. That it is not permissible to annul the law of Ma Bin System or instructions. 
10- Article (18 / VI) of the law which stipulates that "the company may contribute to the development of the agricultural, industrial and service sectors ...", in contradiction to the provisions of Articles (78) and (80) of the Constitution.
Al-Samok said that "the Federal Supreme Court decided to respond to the rest of the appeals contained in the consolidated cases mentioned above because they do not conflict with the provisions of the Constitution and with the general policy of the state provided for in Article 80 of the Constitution and because it came as a legislative option for the House of Representatives, (61 / I) of the Constitution. "
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Federal Court rules unconstitutional articles in the law of the National Oil Company

12:44 - 23/01/2019

 
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BAGHDAD - 
The Federal Supreme Court on Wednesday issued a constitutional ruling on the appeals contained in articles in the law of the Iraqi National Oil Company No. (4) for the year 2018, where it ruled unconstitutional section of those articles, including on the identification of the objectives of the company and the process of marketing oil. 
"The Federal Supreme Court held its session today under the chairmanship of Judge Medhat al-Mahmoud and the presence of all members of the judges and considered the appeals contained in the law of the Iraqi National Oil Company and issued a ruling on them," spokesman Ayas al-Samuk said in a statement received by Mawazine News.
Al-Samok added that "the court found that the constitutional articles that directly govern the subject of the case are: Article (5) of the Constitution, which stipulates" the sovereignty of the law and the people, the source of the authorities. "Article 61 (1) of the Constitution, (62 / II) of the Constitution, which provides (the House of Representatives to move between the doors and chapters of the general budget and reduce the total amounts, and if necessary to propose to the Council of Ministers to increase the total amounts of expenses. " 
He pointed out that" the articles According to the ruling of the Federal Supreme Court also includes Article (78) of the Constitution, which was assigned to the President They sat ministers responsible for the direct implementation of the general policy of the State, and Article 80 of the Constitution , which mandated in paragraphs (first and fourth) Council of Ministers planning and implementation of policy and general plans of the state and the preparation of the general budget and the final account project development plans and validity. "
The court stated in its ruling article (106) of the constitution, which decided the existence of a public body to monitor the allocation of federal imports and the achievement of justice, and Article 110 of the Constitution provided for the exclusive powers of the federal authorities, including the provisions of paragraph (first) of them. The formulation of the economic and trade policy of foreign sovereign), and paragraph (III) of which provided (the drawing of fiscal and customs policy and issuance of currency and regulation of trade policy across the borders of the province and provinces in Iraq and the development of the general budget of the state and the formulation of monetary policy and the establishment of the Central Bank and its administration).
"Article (112) of the Constitution states that the management of oil and gas extracted from the existing fields To be distributed by the federal government with the governments of the producing regions and governorates to distribute their imports in a fair manner commensurate with the population distribution throughout the country, taking into account the affected regions and those that were unfairly deprived by the former regime and subsequently affected to ensure the balanced development of different regions of the country.
He added that "the court mentioned paragraph (II) of the same article provides for the validity of the federal government and the governments of regions and provinces producing together to draw strategic policies to develop the wealth of oil and gas, and Article (114) of the Constitution, which specialized in a statement of common competencies between the federal authorities and regional authorities, Development and general planning and the design and organization of the internal financial resources policy to ensure fair distribution. " 
"The Supreme Federal Court found that the inclusion of any text in the law leads to the removal of jurisdiction of the exclusive federal authorities or joint competencies between them and the authorities of the provinces and provinces producing oil and gas is contrary to the provisions of the Constitution and the need to rule unconstitutional." 
He went on to say, "The Federal Supreme Court and based on the above decided to rule on the unconstitutionality of the following articles:
Article (3) of the law, because the tasks carried out by its objectives are contrary to the provisions of Article (112) with its paragraphs (1) and (II) and Article (114) of the Constitution. The tasks mentioned in Article (3) The federal government with the governments of oil-producing provinces and provinces. 
2 - Paragraph (III and V) of Article (4) of the law and as far as the process of marketing oil, as this is the functions of the Ministry of Oil and the associated company, in contradiction to Article (112) of the Constitution. 
Article (7 / I / 1) of the law, which stipulates that "the company shall be headed by an employee with the rank of minister ...", in contradiction to the provisions of Article 62 / II of the Constitution. .
Article (h) of paragraph (2) of Article (7) concerning the making of the oil company (somo) from the formations associated with the status of the company, in contradiction to the provisions of Article (110 / I and III) of the Constitution. 
5- Article (8) of the law which stipulates the functions of the Board of Directors and that the majority of these functions are the competencies of the federal government with the oil producing regions and governorates together on the basis of Articles (78), (80) and (112) of the Constitution.
Article (11) of the law, which stipulates (first: the company deducts an amount covering all investment and operational costs and not less than the average cost in all fields invested for each barrel of crude oil and gas produced plus a certain percentage of profit and this is determined by agreement between The Ministry of Finance and the Ministry of Finance and the Ministry of Finance and the Ministry of Finance and the Ministry of Finance and the Ministry of Finance and the Ministry of Finance after the end of the financial year of the company and after the completion of the final accounts and ratification ) For its incompatibility with the provisions of Articles (78), (80), (111) and (112) of the Constitution. 
Article (12) of the law, which showed the financial revenues of the company and its profits and distribution, in violation of the provisions of Articles (78), (80 / First and Second), (106), (111) and (112) of the Constitution.
Article (13 / second) of the law stipulates that "Excluding the incentives of the employees of the company from the provisions of the law of the salaries of state employees and the public sector No. 22 of 2008 and this shall be determined by a system issued by the Council of Ministers. II) of the Constitution where it included a financial burden not taken in the opinion of the Council of Ministers.
9- Article (16) of the law stipulated in paragraph (1) that the company and the companies owned by it shall be excluded from the financial management law, the public companies law, the customs law, the foreign residency law, the government contracts execution law, Article (5) of the Constitution shall be issued by the Council of Ministers and at the suggestion of the Company to replace the exempted laws provided for in paragraph (1) of this article individually to guarantee the rights of the public treasury. That a law can not be repealed System or instructions. 
10- Article (18 / VI) of the law which stipulates that "the company may contribute to the development of the agricultural, industrial and service sectors ...", in contradiction to the provisions of Articles (78) and (80) of the Constitution.
Al-Samok said that "the Federal Supreme Court decided to respond to the rest of the appeals contained in the consolidated cases mentioned above because they do not conflict with the provisions of the Constitution and with the general policy of the state provided for in Article 80 of the Constitution and because it came as a legislative option for the House of Representatives, (61 / I) of the Constitution "

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Like I have said before, merely passing the law is not enough for an RV, it has to be implemented as well. While the National Oil company had legislation passed, it was never implemented by the above articles. This same process will play out when it comes to the full HCL and the Iraqi citizens see the distribution of the funds from the sale of the oil. 

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2019/01/23 11:36
  • Number of readings 31
  • Section: Iraq
  •  

Federalism controls the unconstitutionality of articles in the law of the National Oil Company

The Federal Supreme Court issued on Wednesday, January 23, 2019, a constitutional ruling on the appeals contained in articles in the law of the Iraqi National Oil Company No. 4 of 2018, where it ruled unconstitutional section of those materials, including the determination of the objectives of the company and the process of marketing oil. 

"The Federal Supreme Court held its session today under the chairmanship of Judge Medhat Al-Mahmoud and the attendance of all the members of the judges and considered the appeals contained in the law of the Iraqi National Oil Company and issued a ruling on them," the court's spokesman Ayas al-Samuk said in a statement.

Al-Samok added that "the court found that the constitutional articles that govern the subject of the case directly are: Article 5 of the Constitution, which stipulates the sovereignty of the law and the people the source of the authorities, Article 61 / first of the Constitution, which provided for the jurisdiction of the House of Representatives legislation of federal laws, Of the Constitution, which provided for the House of Representatives to move between the doors and chapters of the general budget and reduce the total amounts, and if necessary to propose to the Council of Ministers to increase the total amount of expenditure. 

He pointed out that "the articles in accordance with the ruling of the Federal Supreme Court also includes Article 78 of the Constitution, which placed the Prime Minister responsible for the direct implementation of public policy of the state, and Article 80 of the Constitution, which was drawn in paragraphs I and IV Council of Ministers the authority to plan and implement the policy and general plans of the State and prepare a draft General Budget, Final Account and Development Plans ".

"The court stated in its ruling Article 106 of the Constitution, which decided the existence of a public body to monitor the allocation of federal imports and the achievement of justice, and Article 110 of the Constitution provided for the exclusive powers of the federal authorities, including the first paragraph on the formulation of economic policy and foreign trade sovereign) And paragraph (III) of which stipulated (the formulation of fiscal and customs policy and issuance of currency and regulation of trade policy across the borders of the province and provinces in Iraq and the development of the general budget of the state and the formulation of monetary policy and the establishment of the Central Bank and its administration).

"Article (112) of the Constitution states that the management of oil and gas extracted from the existing fields To be distributed by the federal government with the governments of the producing regions and governorates to distribute their imports in a fair manner commensurate with the population distribution throughout the country, taking into account the affected regions and those that were unfairly deprived by the former regime and subsequently affected to ensure the balanced development of different regions of the country.

He added that "the court mentioned paragraph (II) of the same article provides for the validity of the federal government and the governments of regions and provinces producing together to draw strategic policies to develop the wealth of oil and gas, and Article (114) of the Constitution, which specialized in a statement of common competencies between the federal authorities and regional authorities, Development and general planning and the design and organization of the internal financial resources policy to ensure fair distribution. " 

"The Supreme Federal Court found that the inclusion of any text in the law leads to the removal of jurisdiction of the exclusive federal authorities or joint competencies between them and the authorities of the provinces and provinces producing oil and gas is contrary to the provisions of the Constitution and the need to rule unconstitutional." 

He went on to say, "The Federal Supreme Court and based on the above decided to rule on the unconstitutionality of the following articles:
Article (3) of the law, because the tasks carried out by its objectives are contrary to the provisions of Article (112) with its paragraphs (1) and (II) and Article (114) of the Constitution. The tasks mentioned in Article (3) The federal government with the governments of oil-producing provinces and provinces. 

2 - Paragraph III and Article 5 of Article 4 of the law and as far as the process of marketing of oil as this is the functions of the Ministry of Oil and the associated company, in contradiction to Article 112 of the Constitution. 

3- Article 7 / I / 1 of the law, which stipulates that the company shall be headed by an employee with the rank of minister, in contradiction to the provisions of Article 62 / II of the Constitution, where the said text is contrary to the governmental project,

Article (h) of Article 7, paragraph 2, concerning the making of the Sumo Oil Company from the formations associated with the status of the company, in contradiction to the provisions of Article 110 / First and Third of the Constitution. 

5- Article 8 of the law, which stipulates the functions of the Governing Council and that the majority of these functions are the competencies of the federal government with the oil-producing provinces and provinces together on the basis of Articles 78, 80 and 112 of the Constitution.

Article 11 of the law stipulates that: The company shall deduct an amount covering all the investment and operational costs and not less than the average cost in all the fields invested for each barrel of crude oil and gas produced plus a certain percentage of profit. This shall be determined by agreement between the company and the ministries of finance. And oil and planning and approved by the Council of Ministers and is reviewed every three years and is directly deducted from the account of the Ministry of Finance with the Central Bank on oil and gas revenues. Second: The accounts between the Company and the Ministry of Finance shall be settled after the end of the financial year of the Company and after the completion of the final accounts and the approval of the Financial Control Bureau, in contradiction with the provisions of Articles 78, 80, 111 and 112 of the Constitution. 

Article 12 of the law, which showed the financial revenues of the company and its profits and distribution, in violation of the provisions of Articles 78, 80 / I, II, 106, 111 and 112 of the Constitution. 

Article 13 / II of the law, which provided for the exemption of incentives for employees of the company from the provisions of the law of salaries of state employees and public sector No. 22 of 2008 and this is determined by a system issued by the Council of Ministers. Financial, in which the opinion of the Council of Ministers was not taken. 

9- Article 16 of the law, which stipulates in paragraph 1 of the law that the company and the companies it owns are exempted from the Financial Management Law, the Public Companies Law, the Customs Law, the Foreigners Residence Law, the Law for Implementing Government Contracts, the Instructions for Facilitating its Implementation, the Sale and Rent of State Property Law, The Council of Ministers shall, upon the proposal of the Company, issue a system to replace the exempted laws provided for in paragraph 1 of this Article, each in a manner guaranteeing the rights of the public treasury, in contradiction to the provisions of Article 5 of the Constitution. Alimat. 

10 - Article 18 / VI of the law, which provided for the company to contribute to the development of the agricultural sector, industrial and service, in contravention of the provisions of Articles 78 and 80 of the Constitution. 

Al-Samok said that "the Federal Supreme Court decided to respond to the rest of the appeals contained in the consolidated cases mentioned above because they do not conflict with the provisions of the Constitution and with the general policy of the state provided for in Article 80 of the Constitution, and because it was a legislative option of the House of Representatives, First of the Constitution. "

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Alsumaria News / Baghdad 
The agency publishes Alsumaria News, Wednesday, the text of the decision of the Federal Court on the law of the National Oil Company. 

The court's decision included unconstitutionality of a section of the articles, including the definition of the company's objectives and the oil marketing process.

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Iraq Press * published decisions of the Federal Court on the unconstitutionality of articles in the law of the National Oil Company

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BAGHDAD, Iraq (AP) - The Federal Supreme Court said on Wednesday that it had issued a constitutional ruling on appeals on articles in the Iraqi National Oil Company Law No. 4 of 2018, Including those relating to the identification of the company's objectives and the oil marketing process. "

"The Supreme Federal Court held its session today under the chairmanship of Judge Medhat al-Mahmoud and the presence of all members of the judges and considered the appeals contained in the law of the Iraqi National Oil Company and issued a ruling on them," the spokesman said, "The court found that the constitutional articles governing the subject matter of the case directly Article (5) of the Constitution, which stipulates (the sovereignty of the law and the people the source of the authorities ..), Article (61 / I) of the Constitution, which provided for the jurisdiction of the House of Representatives legislation of federal laws, and Article (62 / II) of the Constitution, (The House of Representatives to conduct the transfer between the doors and chapters Alm Public offset and reduce the total sums, and, if necessary, propose to the Cabinet to increase the total amount of expenditures. "

"Article (78) of the Constitution, which called on the Prime Minister to directly implement the public policy of the state, and Article 80 of the Constitution, which is set out in paragraphs (I and IV) the Council of Ministers the power to plan and implement the policy And the general plans of the state and the preparation of the draft general budget and the final account and development plans, "noting that" the Court mentioned in Article 106 of the Constitution, which decided the existence of a public body to monitor the allocation of federal imports and justice, and Article 110 of the Constitution provided the exclusive powers of the authorities And one of them, as stipulated in paragraph (first) of them on (....

The official added that "the court cited the article (111) of the Constitution, which decided that oil and gas is the property of the Iraqi people in all regions and provinces, and Article (112) of the Constitution where the paragraph (first) of them that the management of oil and gas extracted from The current fields are handled by the federal government with the governments of the provinces and producing provinces to distribute their imports in a fair manner commensurate with the distribution of population throughout the country taking into account the affected regions and those that were unfairly deprived by the former regime and then affected to ensure the balanced development of different regions of the country " Walk "The court mentioned paragraph (II) of the same article provides for the authority of the federal government and the governments of the regions and provinces producing together to draw strategic policies for the development of the wealth of oil and gas, and Article (114) of the Constitution, which specialized in a common terms of reference between the federal authorities and regional authorities, Development policies

"The Supreme Federal Court found that the inclusion of any text in the law leads to the removal of jurisdiction of the exclusive federal authorities or joint competencies between them and the authorities of the provinces and provinces producing oil and gas is contrary to the provisions of the Constitution and the need to rule unconstitutional."

He went on to say, "The Federal Supreme Court and based on the above decided to rule on the unconstitutionality of the following articles:

Article (3) of the law, because the tasks carried out by its objectives are contrary to the provisions of Article (112) with its paragraphs (1) and (II) and Article (114) of the Constitution. The tasks mentioned in Article (3) The federal government with the governments of oil-producing provinces and provinces.

2 - Paragraph (III and V) of Article (4) of the law and as far as the process of marketing oil, as this is the functions of the Ministry of Oil and the associated company, in contradiction to Article (112) of the Constitution.

3- Article (7 / I / 1) of the law stipulates that "the company shall be headed by an employee with the rank of minister ...." This is in contradiction to the provisions of Article (62 / II) of the Constitution.

Article (h) of paragraph (2) of Article (7) concerning the making of the oil company (somo) from the formations associated with the status of the company, in contradiction to the provisions of Article (110 / I and III) of the Constitution.

5- Article (8) of the law which stipulates the functions of the Board of Directors and that the majority of these functions are the competencies of the federal government with the oil producing regions and governorates together on the basis of Articles (78), (80) and (112) of the Constitution.

Article (11) of the law, which stipulates (first: the company deducts an amount covering all investment and operational costs and not less than the average cost in all fields invested for each barrel of crude oil and gas produced plus a certain percentage of profit and this is determined by agreement between The Ministry of Finance and Oil and Planning and approved by the Council of Ministers and is reviewed every three years and is directly deducted from the account of the Ministry of Finance with the Central Bank on the revenues of oil and gas Second: The settlement of accounts between the company and the Ministry of Finance after the end of the financial year of the company and after the completion of the final accounts and ratified Office of Financial Supervision by), so as to conflict with the provisions of Articles (78) and (80) and (111) and (112) of the Constitution.

Article (12) of the law, which showed the financial revenues of the company and its profits and distribution, in violation of the provisions of Articles (78), (80 / First and Second), (106), (111) and (112) of the Constitution. 

Article (13 / second) of the law stipulates that "Excluding the incentives of the employees of the company from the provisions of the law of the salaries of state employees and the public sector No. 22 of 2008 and this shall be determined by a system issued by the Council of Ministers. II) of the Constitution where it included a financial burden not taken in the opinion of the Council of Ministers.

9- Article (16) of the law stipulated in paragraph (1) that the company and the companies owned by it shall be excluded from the financial management law, the public companies law, the customs law, the foreign residency law, the government contracts execution law, Article (5) of the Constitution shall be issued by the Council of Ministers and at the suggestion of the Company to replace the exempted laws provided for in paragraph (1) of this article individually to guarantee the rights of the public treasury. That it is not permissible to annul the law of Ma Bin System or instructions.

10- Article (18 / VI) of the law which stipulates that "the company may contribute to the development of the agricultural, industrial and service sectors ...", in contradiction to the provisions of Articles (78) and (80) of the Constitution.

Al-Samok said that "the Federal Supreme Court decided to respond to the rest of the appeals contained in the consolidated cases mentioned above because they do not conflict with the provisions of the Constitution and with the general policy of the state provided for in Article 80 of the Constitution and because it came as a legislative option for the House of Representatives, (61 / I) of the Constitution. " Finished

 

 To view the resolution            click here

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https://www.iraqpressagency.com/عراق-برس-تنشر-قرارت-المحكمة-الاتحادية/

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  • yota691 changed the title to The Federal Court decides the constitutionality of linking "Somo" with the National Oil Company

The Federal Court decides the constitutionality of linking "Somo" with the National Oil Company

The Federal Court decides the constitutionality of linking "Somo" with the National Oil Company



 Twilight News    
 2 hours ago

The Supreme Federal Court has ruled that the connection of the oil marketing company (SOMO) to the Iraqi National Oil Company is not constitutional, noting that the marketing process should be the functions of the Federal Oil Ministry in accordance with the Constitution.

"One of the appeals filed against the Iraqi National Oil Company Law No. (4) of 2018, which was considered by the Federal Supreme Court, was to link the company (Sumo), which is marketing the oil, the National Oil Company "He said.

He added that the Supreme Federal Court ruled unconstitutional paragraph (third and fifth) of Article (4) of the law and as far as the process of marketing oil and confirmed that this is the functions of the Ministry of Oil and the associated company, in contradiction to Article (112) of the Constitution " .

He pointed out that "the court also ruled unconstitutionality of clause (h) of paragraph (II) of Article (7) relating to the making of the oil company (Sumo) of the formations associated with the status of the company, in contradiction to the provisions of Article (110 / I and III) "He said.

And between Samok, that "all what is issued by the Federal Supreme Court of the provisions and decisions are binding and binding on all authorities, in accordance with Article (94) of the Constitution."

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Editorial date: 2019/1/26 10:40 • 149 times read
Federal Court: unconstitutional linking of Sumo to the National Oil Company
(Baghdad: Al Furat News) The Federal Supreme Court ruled unconstitutional linking the oil marketing company (SOMO) to the Iraqi National Oil Company, pointing out that the marketing process should be the functions of the Federal Oil Ministry in accordance with the Constitution.
The court spokesman Ayas al-Samuk said in a statement received by the agency {Euphrates News} a copy of it, "One of the appeals submitted to the law of the Iraqi National Oil Company No. 4 of 2018, which was considered by the Federal Supreme Court, was set to link the company (Sumo) , With the National Oil Company. 
"The Supreme Federal Court ruled unconstitutional paragraph (III and V) of Article {4} of the law and as far as the process of marketing oil and confirmed that this is the functions of the Ministry of Oil and the associated company, in contravention of Article (112) of the Constitution" . 
He pointed out that "the court also ruled unconstitutionality of item {h} of paragraph {II} of Article {7} relating to the making of the oil company (Sumo) of the formations associated with the status of the company, in contradiction to the provisions of Article (110 / I and III) of the Constitution "He said.
And between the Samok, that "all what is issued by the Federal Supreme Court of the provisions and decisions are binding and binding on all authorities, in accordance with Article (94) of the Constitution."
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Federal Court ruled unconstitutional linking Sumo National Oil Company

10:42 - 26/01/2019

 
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BAGHDAD - 
The Supreme Federal Court ruled on Saturday that it is unconstitutional to link the oil marketing company (Somo) with the Iraqi National Oil Company. 
"One of the appeals filed against the law of the Iraqi National Oil Company No. (4) of 2018, which was considered by the Federal Supreme Court, was to link the company (Sumo), which takes over," said Ayas al-Samuk, a spokesman for the court. Oil Marketing, National Oil Company ". 
He added that the Supreme Federal Court ruled unconstitutional paragraph (third and fifth) of Article (4) of the law and as far as the process of marketing oil and confirmed that this is the functions of the Ministry of Oil and the associated company, in contradiction to Article (112) of the Constitution " .
He pointed out that "the court also ruled unconstitutionality of clause (h) of paragraph (II) of Article (7) relating to the making of the oil company (Sumo) of the formations associated with the status of the company, in contradiction to the provisions of Article (110 / I and III) "He said. 
And between Samok, that "all what is issued by the Federal Supreme Court of the provisions and decisions are binding and binding on all authorities, in accordance with Article (94) of the Constitution."

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A deputy warns parliament of people trying to persuade him to pass catastrophic laws

10:32 - 26/01/2019

 
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BAGHDAD - Mawazine News 
warned MP Naseef, Saturday, the parliament of people who are trying to persuade him to pass laws conceal a disaster against the Iraqi people, referring to the beneficiaries promoted the law of the National Oil Company to gain. 
"We commend the decision of the Federal Court to challenge the law of the so-called National Oil Company, which transfers the ownership of oil wealth from the Iraqi people to this company, which was intended to be managed by the beneficiaries and corrupt," Nassif said in a statement received by Mawazine News. "The honorable patriots who attacked this law and filed a lawsuit against him deserve all respect and appreciation."
"Those who promoted the bad law during the previous parliamentary session carried out a huge media campaign and published articles to inspire the Iraqi people that this law will make Iraq one of the richest countries. Some users also exploited non-specialized MPs and did not know the oil field and made them support this suspicious law. Which makes the oil wealth owned by this company, which has great powers and the Chairman of the Board of Directors with the rank of minister and compete with the powers of the Prime Minister. 
"Although this law revealed the bad intentions of the people who promoted him and then disavowed him after discovering his truth, he revealed national figures attacked him and defended the right of the Iraqi people and filed a lawsuit to challenge, and then won the will of the Iraqi people when stabbed Federal Court in ten articles of this dangerous law and saved the country from falling into the abyss. "
"We hope that the House of Representatives will remain vigilant against such conspiracies in the future and not put blind trust in people who are trying to persuade him to pass laws that conceal disasters against the Iraqi people."

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26-01-2019 12:17 PM

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Baghdad / News

A member of the Parliamentary Integrity Committee on Saturday called on Parliament to remain vigilant against conspiracies such as the National Oil Company Law, while welcoming the  decision of the Federal Court to challenge the law, which it considered transferring the ownership of oil wealth from the people to "beneficiaries and corruptors ".

Nassif said in a statement received by the 'news', that 'those who promoted this law is notorious during the previous parliamentary session have conducted a massive media campaign and published articles to inspire the Iraqi people that this law will make Iraq one of the richest countries .'

She added that "some users have exploited the deputies are not specialists and not aware of the oil field and make them support this law is suspicious, which makes the oil wealth owned by this company, which has great powers and the Chairman of the Board of Directors degree minister and compete with the powers of the Prime Minister ."

"Although this law revealed the bad intentions of the people who promoted him and then disavowed him after discovering his truth, he revealed national figures attacked him and defended the right of the Iraqi people and filed a lawsuit to challenge, and then won the will of the Iraqi people when stabbed Federal Court in ten articles of this dangerous law and saved the country from falling into the abyss . "

She called on the House of Representatives to "remain vigilant against such conspiracies in the future and not put blind trust in people who are trying to persuade him to pass laws that conceal disasters against the Iraqi people ."

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2019/01/26 13:33
  • Number of readings 100
  • Section: Iraq
  • Federal Court frustrates the conversion of the oil company to a private feudal: Managed by the Government of Iraq only

BAGHDAD / The obelisk: The Federal Supreme Court, Saturday, unconstitutional linking oil marketing company "Sumo" Iraqi National Oil Company, and confirms that the marketing process of the functions of the Federal Oil Ministry in accordance with the Constitution.

"One of the appeals filed against the Iraqi National Oil Company Law No. (4) of 2018, which was considered by the Federal Supreme Court, was to link the company (Sumo), which holds Oil Marketing, National Oil Company ".

In the intervention of the "obelisk" with oil and economic experts, the issuance of this judgment represents a setback to the will of the group that was behind this law, which is composed of Adel Abdul Mahdi, Ibrahim Bahr al-Uloom, Adnan al-Janabi and Jabbar Luaibi and current oil minister Thamer Ghadhban.

The repercussions of the decision of the court that the National Oil Company is managed by the Iraqi government, and that all tasks of the company such as transport, storage, exploration, production and marketing will remain all the powers of the federal government and the company is just an implementing party.

He added that the Supreme Federal Court ruled unconstitutional paragraph (third and fifth) of Article (4) of the law and as far as the process of marketing of oil and confirmed that this is the functions of the Ministry of Oil and the associated company, in contradiction to Article (112) of the Constitution " .

He pointed out that "the court also ruled unconstitutionality of clause (h) of paragraph (II) of Article (7) relating to the making of the oil company (Sumo) of the formations associated with the status of the company, in contradiction to the provisions of Article (110 / I and III) "He said.

The obelisk

And between Samok, that "all what is issued by the Federal Supreme Court of the provisions and decisions are binding and binding on all authorities, in accordance with Article (94) of the Constitution."

 

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2019/01/26 08:25

Number of readings 97

Section: Iraq

 

 

SOMO issued a clarification on its hosting by the Committee of Oil and Parliamentary Energy

 

 

The Iraqi Oil Marketing Company (SOMO) announced on Saturday, January 26, 2019, all the inquiries addressed to the company by the Chairman and members of the Oil and Energy Committee of the parliamentary on the contracts of participation in profits and the mechanism of the oil marketing company and the execution of contracts in a detailed and clear manner.

The company said in an explanation followed by the obelisk that after the invitation to host by the Chairman of the Committee on Oil and Energy Uday Awad, the Director General of the Oil Marketing Company and the advanced cadre accompanying him last Tuesday in the House of Representatives, the Committee on Oil and Energy to answer all the queries raised by MP Uday Awad and members of the Committee On the contracts of participation in profits and to clarify the mechanism of the work of the marketing of oil in terms of contracting and pricing and the implementation of contracts in a detailed and clear and contribute to the removal of any confusion may be on these issues.

He explained that "MPs listened to the detailed explanation and valued the professional and scientific management of the company and its cadre advanced in answering all their inquiries and taking valuable notes provided for the benefit of the public." 
It is clear that, with regard to the documents and information provided by MP Uday Awad, it was reviewed and the following statement on the most prominent:

1- The MP highlighted a document which is supposed to be a contract for the establishment of a joint company with the Chinese company Zhenhua. The contract was effective for 50 years. The contract period is only five years and it is unsigned and not even windowable.

2- The confusion surrounding the document of calculating the price of a shipment of Basrah Light crude oil destined for the European market has been removed and the price differentials and their positive causations that comply with the international custom in all the contracts of marketing and trading of crude oil in the world related to pricing are marked with different terms of reference Market fundamentals variables.

3 - Representatives were briefed on a number of advanced programs and specialized systems adopted by the Oil Marketing Company in determining the profitability of the global refineries of Iraqi crude oil and others as well as tracking the movement of tankers from the loading sites to dump sites to ensure the safety of the implementation of companies to contractual terms and delivery of oil to the country where The refineries of these companies exist.

4. Several technical details related to the qualitative and quantitative control of the loading ports and the marketing knowledge have been clarified in this regard, with the emphasis that this is the responsibility of the oil companies responsible for the management of production and loading from the ports.

5 - It was explained to the deputies that mixing fuel oil with crude oil source is not the responsibility or duties of the oil marketing company, but can be inquired about the reasons and validity of studies on them from the Ministry of Oil and the Ministry attributed the liquidation companies and the technical department on the subject, and in this regard it was stressed that The duty of the oil marketing company is to export the quantities available in the port and not before that.

6 - Representative Uday Awad prepared a report from the Internal Control Department recommends selling the Qayara crude oil as black oil to raise its price. It was explained in a scientific and professional manner that what we were assigned by the Ministry of Oil is the sale of the quantities produced from Qayara crude oil available for export. The internal control in the ministry is inaccurate and contains the basis of technical calculation is wrong and is not based on any marketing grounds, including that the global market is aware of the fact that this product crude oil Qayara and not fuel oil and even if the market accepted the proposed name as a product of fuel oil and not as crude oil remains the reality of price-causing specifications The low will not Non.

Somo expressed surprise at the remarks made by MP Uday Awad, who in no way reflects the reality of the hosting. The deputies can return to the audio recording of the hosting session to investigate the fact that all the answers were adequate and adequate and that many MPs expressed their appreciation and gratitude for the nature of accurate answers and explanation. A professional chapter that was objective.

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Nassif: The law of the National Oil Company transfers wealth from the people to the company

12:00 - 26/01/2019
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Information / Baghdad ..

A member of the Committee on Integrity Parliamentary High Nassif, Saturday, the decision of the Federal Court to challenge the law of the so-called National Oil Company, which transfers the ownership of oil wealth from the Iraqi people to this company, which was intended to be managed by "beneficiaries and corrupt."

"Those who promoted this bad law during the previous parliamentary session launched a massive media campaign and published articles to inspire the Iraqi people that this law will make Iraq one of the richest countries," Naseef said in a statement received by Al-Maaloumah.

She added that "some users have exploited the deputies are not specialists and not aware of the oil field and make them support this law is suspicious, which makes the oil wealth owned by this company, which has great powers and the Chairman of the Board of Directors degree minister and compete with the powers of the Prime Minister."

"Although this law revealed the bad intentions of the people who promoted him and then disavowed him after discovering his truth, he revealed national figures attacked him and defended the right of the Iraqi people and filed a lawsuit to challenge, and then won the will of the Iraqi people when stabbed Federal Court in ten articles of this dangerous law and saved the country from falling into the abyss. "

Nassif expressed the hope that "the House of Representatives remains cautious of such conspiracies in the future, and does not put blind confidence in people who are trying to persuade him to pass laws conceal a disaster against the Iraqi people." Ending / 25

https://www.almaalomah.com/2019/01/26/385460/

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  • yota691 changed the title to Parliamentary energy is discussing with the ministry the resolution of the oil and gas laws

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