Kurdistan exported 600 thousand barrels per day and not 250 thousand

[yota691]

The federal government gives the Kurdistan government a final deadline to answer the challenge of exporting the oil of the region directly

 

Monday, June 4

 

 

Alsumaria News / Baghdad   The Federal Court on Monday considered the appeal of the unconstitutionality of the export of the Kurdistan Region to the oil extracted from its territory directly, while it decided to postpone until 27 of June this year, and the Undersecretary of the Prosecutor and the third agent of the Prime Minister of the Kurdistan Regional Government to finalize the purpose of providing answers to the case.   "The federal court held a session headed by Medhat al-Mahmoud and the presence of all members of the judges, and considered a lawsuit set up by the Federal Oil Minister, in addition to his job, to challenge the unconstitutionality of the export of the Kurdistan region of oil extracted from the region and the province Kirkuk directly. "   He added that "the lawsuit witnessed the presence of all parties, including the three people, the agents of the Prime Minister of the Federal and Federal Finance Minister, and the President of the Kurdistan Regional Government / in addition to their functions," adding that "the Undersecretary of the Prosecutor Minister of Natural Resources and the third person, For their job, the request to postpone the case because he could not communicate with his clients to prepare an answer during the previous postponement.   He pointed out that "the court decided to give him a final deadline to submit the list of the answer ten days before the next hearing, and otherwise will be considered a blatant consideration of the answer, and that is why the case was postponed to the 27th of this month."   On April 9, 2018, the Federal Court announced the postponement of a lawsuit to challenge the export of the Kurdistan Region, the oil extracted from it, indicating that this came after the prosecutor's request to issue a ruling including stopping the export of oil directly from Kurdistan outside Iraq .

[yota691]

The federal government gives the Kurdistan government a final deadline to answer the challenge of exporting the oil of the region directly

 2018-06-04 09:34:33 

The Federal Court on Monday considered the appeal of the unconstitutionality of the export of the Kurdistan Region to the oil extracted from its territory directly, while it decided to postpone until 27 of June this year, and the Undersecretary of the Prosecutor and the third agent of the Prime Minister of the Kurdistan Regional Government to finalize the purpose of providing answers to the case.

"The federal court held a session under the chairmanship of Medhat al-Mahmoud and the presence of all the members of the judges, and considered a lawsuit set up by the Federal Oil Minister, in addition to his job, to challenge the unconstitutionality of the export of Kurdistan oil extracted from the region and the province of Kirkuk directly."

 

 

He added that "the lawsuit witnessed the presence of all parties, including the three people, the agents of the Prime Minister of the Federal and Federal Finance Minister, and the President of the Kurdistan Regional Government / in addition to their functions," adding that "the Undersecretary of the Prosecutor Minister of Natural Resources and the third person, For their job, the request to postpone the case because he could not communicate with his clients to prepare an answer during the previous postponement.

He pointed out that "the court decided to give him a final deadline to submit the list of the answer ten days before the next hearing, and otherwise will be considered a blatant consideration of the answer, and that is why the case was postponed to the 27th of this month."

[yota691]

Federal Court holds a hearing to consider the challenge of extracting the Kurdistan region oil from its territory and export directly

- 6/27/2018 1:56:00 AM19 Number of readings

 

 

 

 

Khandan -

The Federal Supreme Court has asked the parties to appeal against the unconstitutionality of extracting the Kurdistan Region from its land and exporting it directly. The legal basis is currently adopted in applying the provisions of Article (111) of the Constitution concerning the extraction of oil and gas through its sale and how to distribute the proceeds of this sale. 

"The Supreme Federal Court held its session today, 27/6/2018, under the chairmanship of Judge Medhat Al-Mahmoud and the presence of all the members of the judges and considered the suit of the Minister of Oil, in addition to his job as Minister of Natural Resources, The provisions of the Constitution and the relevant laws in force and hand over the entire oil production in the region to the Federal Oil Ministry. "

He added that "the meeting witnessed the presence of all parties, where the prosecutor and the Minister of Oil in addition to his job that the prosecutor and the Minister of Natural Resources in the Kurdistan region has refrained from delivering crude oil produced from the region to the federal government in addition to that the export of crude oil outside Iraq without the consent of the Federal Government In violation of the provisions of the Constitution and relevant laws. " 

He pointed out that "the court after it stood on the requests of the plaintiff contained in the petition and in a subsequent list and as the subject matter of the case concerned other parties on the subject, decided in previous meetings the introduction of the Prime Minister, the Federal Minister of Finance, the President of the Council of Ministers of the region / in addition to their jobs third persons To determine their constitutional positions on the subject of the lawsuit after it realized that the issue is a dispute between the federal government and the region and the consideration of its competence in accordance with Article (93 / IV) of the Constitution.

The spokesman said that "the court confirmed the responses of the answer from the Federal Prime Minister and the Federal Minister of Finance / in addition to their job, and did not respond to the answer of the President of the territorial government / in addition to his job, and after reviewing the answers found that it did not focus on the points required to resolve the case because the subject of the lawsuit rests on the plaintiff To articles 111 and 112 of the Constitution. " 

He added that "the Federal Supreme Court found that Article (111) of the Constitution has provided the general rule of oil and gas wealth and its text (oil and gas is the property of all the Iraqi people in all regions and provinces), and Article 112 of the Constitution how to implement the provision of Article (111) And that this is under a law issued by the House of Representatives and the law has not been issued to date. "

He pointed out that "the court wants to stand on how to run the process of application of the provisions of Article (111) of the Constitution, on oil and gas from the start of extraction and through the sale and how to distribute the proceeds of sale and whether there is a law regulating this process other than the law required by Article (112) Which has not yet been issued are there bilateral agreements between the federal government and the provincial government and the governments of oil-producing provinces or other instructions or other, "Accordingly, the Federal Supreme Court asked the parties to the lawsuit and the third persons so that it can resolve the dispute between the Ministry of Oil and the Ministry of Natural Resources In the region In accordance with their terms of reference provided for in the Constitution and for the purpose of enabling them to do so and at their request it is decided to postpone the pleading until 14/8/2018.

[yota691]

URGENT: Federal court may give Kurdistan the right to extract and sell oil and wait for an order

 Twilight News    
 52 minutes ago

The Federal Supreme Court has asked the parties to appeal against the unconstitutionality of extracting oil from its territory and export it directly, the statement of the legal basis currently adopted in the application of the provisions of Article (111) of the Constitution on the extraction of oil and gas through the sale and how to distribute the proceeds of this sale. 
"The Federal Supreme Court held its session on 27/6/2018 under the chairmanship of Judge Medhat Al-Mahmoud and the attendance of all the judges and considered the case of the Minister of Oil's request, in addition to the job of the prosecutor, the Minister of Natural Resources," said Ayas al-Samuk, spokesman for the court. To implement and implement the provisions of the Constitution and the relevant laws in force and hand over the entire oil production in the region to the Federal Oil Ministry. "
He added that "the meeting witnessed the presence of all parties, where the prosecutor and the Minister of Oil in addition to his job that the prosecutor and the Minister of Natural Resources in the Kurdistan region has refrained from delivering crude oil produced from the region to the federal government in addition to that the export of crude oil outside Iraq without the consent of the Federal Government In violation of the provisions of the Constitution and relevant laws. " 
He pointed out that "the court after it stood on the requests of the plaintiff contained in the petition and in a subsequent list and as the subject matter of the case concerned other parties on the subject, decided in previous meetings the introduction of the Prime Minister, the Federal Minister of Finance, the President of the Council of Ministers of the region / in addition to their jobs third persons To determine their constitutional positions on the subject of the lawsuit after it realized that the issue is a dispute between the federal government and the region and the consideration of its competence in accordance with Article (93 / IV) of the Constitution.
The spokesman said that "the court confirmed the receipt of the answer from the Federal Prime Minister and the Federal Minister of Finance / in addition to their job, and did not respond to the answer of the President of the Kurdistan Regional Government / in addition to his job, and after reviewing the answers found that it did not focus on the points required to resolve the case because the subject of the lawsuit rests on the plaintiff To articles 111 and 112 of the Constitution. " 
He added that "the Federal Supreme Court found that Article (111) of the Constitution has provided the general rule of oil and gas wealth and its text (oil and gas is the property of all the Iraqi people in all regions and provinces), and Article 112 of the Constitution how to implement the provision of Article (111) And that this is under a law issued by the House of Representatives and the law has not been issued to date. "
He pointed out that "the court wants to stand on how to run the process of application of the provisions of Article (111) of the Constitution, on oil and gas from the start of extraction and through the sale and how to distribute the proceeds of sale and whether there is a law regulating this process other than the law required by Article (112) Which has not yet been issued are there bilateral agreements between the federal government and the provincial government and the governments of oil-producing provinces or other instructions or other, "Accordingly, the Federal Supreme Court asked the parties to the lawsuit and the third persons so that it can resolve the dispute between the Ministry of Oil and the Ministry of Natural Resources In the region In accordance with their terms of reference provided for in the Constitution and for the purpose of enabling them to do so and at their request it is decided to postpone the pleading until 14/8/2018.
The Federal Supreme Court is the largest judicial authority in Iraq, which adjudicates disputes between the federal government and the regions and the constitutionality of laws, regulations, instructions and orders issued by any party. 
The Kurdistan Region of Iraq began to export oil independently of Baghdad in 2014 via a line owned by him to the Turkish port of Ceyhan on the Mediterranean Sea, and from there to the world markets. 
The KRG continues to export oil abroad, except for the Kirkuk fields, which have been shut down since October 2017 after Iraqi forces regain control of the fields. 
The territorial government says Iraq's constitution does not contain any substance preventing it from developing oil resources in its territory. 
The regional government has signed contracts with major international oil companies - including Exxon Mobil, Rosneft and Ginnell - to develop its oil fields, which are pumping between 300,000 and 1,000 barrels a day.

Keywords: 

[yota691]

Federal Court to apply to Baghdad and Erbil in the oil dispute

Release Date: 2018/6/27 13:20 • 250 times read

The Federal Supreme Court has asked the parties to appeal the unconstitutionality of extracting the Kurdistan region oil from its territory and export it directly, the statement of the legal basis currently adopted in the application of the provisions of Article (111) of the Constitution on the extraction of oil and gas through the sale and how to distribute the proceeds of this sale .

"The Supreme Federal Court held its session on 27/6/2018 under the chairmanship of Judge Medhat Al-Mahmoud and the attendance of all the judges and considered the case of the Minister of Oil's request, in addition to his job as the Minister's prosecutor," said Ayas al-Samuk, a spokesman for the court. Natural resources / in addition to its function to implement and implement the provisions of the Constitution and the relevant laws in force and hand over the entire oil production in the region to the Federal Oil Ministry. 
He added that "the meeting witnessed the presence of all parties, where the prosecutor and the Minister of Oil in addition to his job that the prosecutor and the Minister of Natural Resources in the Kurdistan region has refrained from delivering crude oil produced from the region to the federal government in addition to that the export of crude oil outside Iraq without the consent of the Federal Government In violation of the provisions of the Constitution and relevant laws. "
He pointed out that "the court after it stood on the requests of the plaintiff contained in the petition and in a subsequent list and as the subject matter of the case concerned other parties on the subject, decided in previous meetings the introduction of the Prime Minister, the Federal Minister of Finance, the President of the Council of Ministers of the region / in addition to their jobs third persons To determine their constitutional positions on the subject of the lawsuit after it realized that the subject is a dispute between the federal government and the region and be considered within its competence in accordance with Article (93 / IV) of the Constitution 
The spokesman said that "the Court confirmed the responses of the answer from the Federal Prime Minister and Federal Finance Minister / addition And after reviewing the answers found that it did not focus on the points required to resolve the case because the subject of the lawsuit is based on the plaintiff to articles (111) and (112) of the Constitution.
He added that "the Federal Supreme Court found that the article {111} of the Constitution has provided the general rule of oil and gas wealth and its text," oil and gas is the property of all the Iraqi people in all regions and provinces. "Article 112 of the Constitution laid out how to implement the provision of Article (111) And that this is under a law issued by the House of Representatives and the law has not been issued to date. " 
He pointed out that "the Court wants to stand on how to run the process of application of the provisions of Article 111 of the Constitution, on oil and gas from the start of extraction and through the sale and how to distribute the proceeds of sale and whether there is a law regulating this process other than the law required by Article 112 of the Constitution, Which has not yet issued Are there bilateral agreements between the federal government and the provincial government and the governments of oil-producing provinces or other instructions or others. "
Samok pointed out that "Accordingly, the Federal Supreme Court asked the parties to the lawsuit and the third persons to explain this so as to settle the dispute between the Ministry of Oil and the Ministry of Natural Resources in the region in accordance with their competences stipulated in the Constitution and for the purpose of enabling them to do so and at their request it was decided to postpone the pleading until 14 / 2018 ". Finished

[yota691]

The Federal Court is considering the appeal of extracting and exporting oil Kurdistan Region

27/06/2018

 

 

 

(Independent) .. The Federal Supreme Court asked the parties to appeal the unconstitutionality of extracting the Kurdistan region oil from its territory and export directly, the statement the legal basis currently adopted in the application of the provisions of Article (111) of the Constitution on the extraction of oil and gas through the sale and how to distribute the proceeds of this sale.

"The Federal Supreme Court held its session on 27/6/2018 under the chairmanship of Judge Medhat Al-Mahmoud and the presence of all members of the judges and considered the case of the Minister of Oil, in addition to his job of the Minister of Natural Resources, in addition to his job to implement and apply the provisions of The Constitution and the relevant laws and the delivery of the entire oil production in the region to the Federal Oil Ministry. "

He added that "the meeting witnessed the presence of all parties, where the prosecutor and the Minister of Oil in addition to his job that the prosecutor and the Minister of Natural Resources in the Kurdistan region has refrained from delivering crude oil produced from the region to the federal government in addition to that the export of crude oil outside Iraq without the consent of the Federal Government In violation of the provisions of the Constitution and relevant laws. "

He pointed out that "the court after it stood on the requests of the plaintiff contained in the petition and in a subsequent list and as the subject matter of the case concerned other parties on the subject, decided in previous meetings the introduction of the Prime Minister, the Federal Minister of Finance, the President of the Council of Ministers of the region / in addition to their jobs third persons To determine their constitutional positions on the subject of the lawsuit after it realized that the issue is a dispute between the federal government and the region and the consideration of its competence in accordance with Article (93 / IV) of the Constitution.

The spokesman said that "the court confirmed the responses of the answer from the Federal Prime Minister and the Federal Minister of Finance / in addition to their job, and did not respond to the answer of the President of the Kurdistan Regional Government / in addition to his job, and after reviewing the answers found that it did not focus on the points required to resolve the case because the subject of the lawsuit rests on the plaintiff To articles 111 and 112 of the Constitution. "

He added that "the Federal Supreme Court found that Article (111) of the Constitution has provided the general rule of oil and gas wealth and its text (oil and gas is the property of all the Iraqi people in all regions and provinces), and Article 112 of the Constitution how to implement the provision of Article (111) And that this is under a law issued by the House of Representatives and the law has not been issued to date. "

He pointed out that "the court wants to stand on how to run the process of application of the provisions of Article (111) of the Constitution, on oil and gas from the start of extraction and through the sale and how to distribute the proceeds of sale and whether there is a law regulating this process other than the law required by Article (112) Which has not yet been issued are there bilateral agreements between the federal government and the provincial government and the governments of oil-producing provinces or other instructions or other, "Accordingly, the Federal Supreme Court asked the parties to the lawsuit and the third persons so that it can resolve the dispute between the Ministry of Oil and the Ministry of Natural Resources At least In accordance with their terms of reference provided for in the Constitution and for the purpose of enabling them to do so and at their request it is decided to postpone the pleadings until 14/8/2018. "

[yota691]

The Federal Council to postpone the consideration of the appeal of the extraction of the region oil from its territory and export

 

 

Number of readings: 4697 27-06-2018 02:13 PM

 

 

27-06-2018 02:13 PM 

 

 

The Supreme Court of the Federal Supreme Court Ias Samuk said on Wednesday that the court has asked the parties to appeal the unconstitutionality of extracting the Kurdistan region oil from its territory and export it directly, the statement of the legal basis currently adopted in the application of the provisions of Article (111) of the Constitution on the extraction of oil and gas through the sale And how to distribute the proceeds of this sale .

"The Supreme Federal Court held its session today under the chairmanship of Judge Medhat Al-Mahmoud and the presence of all the judges and considered the case of the Minister of Oil, in addition to his job of the Minister of Natural Resources, in addition to his job to implement and implement the provisions of the Constitution and laws The relevant window and the delivery of the entire oil production produced in the province to the Federal Oil Ministry '.

The spokesman of the Federal Court Samok 'that the meeting witnessed the presence of all parties, where the prosecutor and the Minister of Oil in addition to his job that the prosecutor and Minister of Natural Resources in the Kurdistan region has refrained from delivering crude oil produced from the region to the federal government in addition to the export of crude oil outside Iraq without the consent of the federal government contrary to the provisions of the Constitution and relevant laws '.

The Samok 'that the court after it has stood on the requests of the plaintiff contained in the petition and in a subsequent list and as the subject of the case concerns other parties on the subject, decided in previous meetings the introduction of the Prime Minister and the Minister of Finance and the Federal Council of Ministers of the region / Third to stand on their constitutional positions on the subject of the lawsuit after it realized that the subject is a dispute between the federal government and the region and be considered within its competence in accordance with Article (93 / IV) of the Constitution '.

The Samok said that the court confirmed the replies of the Federal Prime Minister and the Federal Minister of Finance in addition to their job, and did not respond to the answer of the head of the Kurdistan Regional Government in addition to his job. After reviewing the answers, he found that it did not focus on the points required to resolve the case. Articles 111 and 112 of the Constitution ".

"The Supreme Federal Court found that Article (111) of the Constitution has provided the general rule of oil and gas wealth and its text (oil and gas is the property of all the Iraqi people in all regions and provinces). Article 112 of the Constitution stipulates how to implement the provision of Article (111) And that it be under a law issued by the House of Representatives and the law has not been issued to date .

The spokesman of the Federal Court 'that the court wants to stand on how to run the process of application of the provisions of Article (111) of the Constitution, on oil and gas from the start of extraction and through the sale and how to distribute the proceeds of sale and whether there is a law regulating this process other than the law required by Article (112) ) Of the Constitution, which has not been issued so far are there bilateral agreements between the federal government and the provincial government and the governments of oil-producing provinces or other instructions or other, and accordingly the Federal Supreme Court asked the parties to the lawsuit and the third persons so that it can resolve the dispute between the Ministry of Oil and And In accordance with its terms of reference provided for in the Constitution and for the purpose of enabling them to do so and at their request, it is decided to postpone the pleadings until 14/8/2018.

[yota691]

 

Federal calls for parties to appeal the extraction of oil Kurdistan Statement of the legal basis for the application of Article (111)

 

13:19 - 27 June 18

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BAGHDAD / The 

Supreme Federal Court on Wednesday called on parties to appeal against the unconstitutionality of extracting oil from its lands and exporting it directly, the statement of the legal basis currently adopted in the application of the provisions of Article (111) of the Constitution concerning the extraction of oil and gas, The proceeds of this sale.

"The Federal Supreme Court held its session today under the chairmanship of Judge Medhat Al-Mahmoud and the attendance of all the judges and considered the case of the Minister of Oil's request, in addition to his job as the Minister of Natural Resources," said Ayas al-Samuk, a spokesman for the court. To implement and implement the provisions of the Constitution and the relevant laws in force and hand over the entire oil production in the region to the Federal Oil Ministry. " 

He added that "the meeting witnessed the presence of all parties, where the prosecutor and the Minister of Oil in addition to his job that the prosecutor and the Minister of Natural Resources in the Kurdistan region has refrained from delivering crude oil produced from the region to the federal government in addition to the export of crude oil outside Iraq without the consent of the Federal Government In violation of the provisions of the Constitution and relevant laws. "

Samok pointed out that "the court after having stood on the requests of the plaintiff contained in the petition and in a subsequent list and as the subject matter of the case concerned other parties on the subject, decided in previous sessions the introduction of the Prime Minister, the Federal Minister of Finance, and the Chairman of the Council of Ministers of the region / A third to stand on their constitutional positions on the subject of the lawsuit after it realized that the subject is a dispute between the federal government and the region and be considered within its competence in accordance with Article (93 / IV) of the Constitution. 

He explained that "the court confirmed the responses of the answer from the Federal Prime Minister and the Federal Minister of Finance / in addition to their function, and did not respond to the answer of the President of the Kurdistan Regional Government / in addition to his job, and after reviewing the answers found that it did not focus on the points required to resolve the case because the subject of the lawsuit based on the plaintiff to Articles (111) and (112) of the Constitution ".

Al-Samok pointed out that "the Federal Supreme Court found that Article (111) of the Constitution has provided the general rule of the wealth of oil and gas and its text (oil and gas is the property of all the Iraqi people in all regions and provinces). Article 112 of the Constitution stipulates how to implement the provision of Article 111 ) Of that and be under a law issued by the House of Representatives and the law has not been issued to date.

He added that "the court wants to stand on how to run the process of application of the provisions of Article (111) of the Constitution, on oil and gas from the start of extraction and through sales and how to distribute the proceeds of sales Is there a law regulating this process other than the law required by Article (112) of the Constitution, Has not yet issued Are there bilateral agreements between the federal government and the provincial government and the governments of oil-producing provinces or other instructions or other, and accordingly the Federal Supreme Court demanded from the parties to the lawsuit and the third persons so that it can resolve the dispute between the Ministry of Oil and the Ministry of Natural Resources in the region And Qa of its terms of reference stipulated in the Constitution and for the purpose of enabling them so their request was decided to postpone the hearing until the day of 08.14.2018. "

[The Englishman]

https://www.washingtoninstitute.org/policy-analysis/view/putting-iraq-krg-oil-relations-on-solid-legal-ground.

 

POLICY ANALYSIS

POLICYWATCH 2992

Putting Iraq-KRG Oil Relations on Solid Legal Ground

James F. Jeffrey and Bilal Wahab

July 19, 2018

 

Notwithstanding their decades of contention, the two governments must resolve their differences legally to make way for economic development and stave off public unrest.

Despite their country producing 4.3 million barrels of oil per day, Iraq’s population remains poor. Gathering in the streets of southern towns, masses are protesting government corruption, power shortages, and high unemployment rates. Consequently, the government must refocus its attention on economic prosperity and the daunting financial demands of reconstruction following years of war against the Islamic State. To that end, it should resolve its dispute with the Kurdistan Regional Government (KRG) over management of the oil and gas sector. Doing so would be the first of many crucial steps toward injecting rule of law back into the energy industry.

Currently, a messy but promising case to adjudicate management rights over these disputed resources sits before Iraq's Supreme Court. Should the case progress constructively, it will pressure the newly elected parliament to prioritize passage of a national hydrocarbons law. This in turn would infuse much-needed confidence into Iraq’s risk-laden energy sector and invite greater foreign investment to boost production and revenues. Moreover, Kurdish recognition of the federal court foreshadows a more realistic approach to energy—one that aims to salvage and de-risk the KRG oil industry through better coordination, if not integration, with the federal industry.

REENERGIZED AMBIGUITIES 

In 2005, Iraq’s new constitution enshrined federalism and the equitable sharing of oil and gas revenues. As the basis for its case that the KRG is supposed to take part in this arrangement, Baghdad cites three articles of the Iraqi constitution. Article 110 stipulates that the federal government shall have “exclusive authorities” in formulating “foreign sovereign economic and trade policy,” presumably including the trade in hydrocarbons, which account for over 95 percent of Iraq’s exports. Article 111 establishes that oil and gas are owned by all the people of Iraq. And the first paragraph of Article 112 stipulates that “present” oil and gas fields shall be managed by the central government alongside “the producing governorates and regional governments,” essentially continuing Saddam Hussein's arrangements at the time of the constitution’s enactment.  

Yet the second paragraph of Article 112 implies a distinction between old and new oil, with 2005 as the dividing line. It asserts that “the federal government, with the producing regional and governorate governments, shall together formulate the necessary strategic policies to develop the oil and gas wealth.” The KRG therefore premises all hydrocarbon production, excluding its claims to Kirkuk, on “new oil” provisions covered by the “together” phrase, which is not found in the article’s first paragraph. In its view, this phrasing also supersedes the “exclusive authorities” granted to Baghdad in Article 110.

However these differing interpretations are ultimately reconciled, Article 112 clearly gives the government a mandate to pass legislation regulating the shared management of production, sale of crude oil, and the distribution of revenues. Due to constant power wrangling, though, these constitutional provisions have not yet been translated into regulations, let alone clear laws. In a major push during 2007-8, the United States offered to mediate a new hydrocarbons law, but both Baghdad and the KRG decided to stick with their self-serving interpretations of the constitution.

The Kurds, eyeing the exit door from Iraq, sought to build an independent petroleum industry, inviting international oil companies (IOCs) to look for hydrocarbons in their territory. They also began independently exporting oil in January 2014 and contracted with Turkey to export gas, in clear violation of Article 110. Today, the KRG independently exports almost 300,000 barrels of oil per day via Turkey.

For its part, Baghdad seeks to remain the locus of such decisionmaking; accordingly, it claims ownership of the KRG’s oil exports and refuses to recognize Kurdish deals with IOCs. In effect, Baghdad acts as if Article 112 regulates all oil, including “new” oil—a stance that seems to violate the constitution just as surely as Erbil’s unilateral exports do.

COURT BATTLE

In 2012, the federal government took the KRG to the Supreme Court over the legality of its oil contracts and independent exports. But the KRG deliberately neglected to appear before the court until April of this year. 

So far, the court has not made any rulings, requesting more information on the petroleum value chain instead. While the next and, perhaps, final hearing will take place on August 14, both parties are encouraged by the proceedings thus far. Federal officials feel they have a strong case against the KRG, while Kurdish officials are pleased to see the court question the two constitutional articles cited by Baghdad as grounds for indictment. The court has also put the onus of formulating a national oil law on Baghdad, since the KRG passed its own natural resources law in 2007.

Moreover, past budget laws passed by the national parliament required the KRG to contribute certain oil export earnings to the country’s overall exports—a practice that Erbil cites as clear recognition that its independent exports are legitimate. One deal in 2015 had the KRG and federal government equitably split the proceeds of 150,000 barrels per day produced in the Kirkuk fields, whose oil can only be exported via the Kurdish pipeline to Turkey. Today, however, federal authorities refuse to export that oil, avoiding KRG infrastructure at all costs. By so doing, they limit Iraq’s northern export outlet—a self-defeating approach at a time when protests could threaten the flow of crude from the south.

ONE COUNTRY, TWO INDUSTRIES 

The ongoing legal vacuum has essentially bifurcated Iraq’s energy industry. Although building an energy industry from naught was quite a feat for the KRG, its main goals—staving off the central government and building the economic foundation for a independence—led it to overreach at times, such as when it commandeered Kirkuk oil fields and revenues during the war against the Islamic State. The Kurdish energy industry also became increasingly less transparent as KRG officials sought to evade Baghdad. 

Yet federal authorities refused to give the KRG a break from day one. They declared Erbil’s production-sharing contracts illegal, blacklisted any interested IOCs, and sued buyers. Short-term and short-lived deals replaced law-based policy and strategy. Between 2013 and 2016, Erbil intermittently recognized Baghdad’s determinant role by turning its oil over to the central government for export. In return, Baghdad’s acceptance of this arrangement indirectly recognized the legality of the KRG’s contracts. The Kurds also received their share of country-wide oil export earnings: around 17% in most budgets up until recently. But various technical disputes and instances of overreach by both sides scotched several of these initiatives.

The disputes have also opened a door for more Iranian influence. Last month, Baghdad and Tehran agreed to swap 30,000 barrels of Kirkuk oil, with Iraqi oil feeding Iranian refineries and Iran delivering equal amounts of its own oil to Iraq’s Persian Gulf ports. Warming oil relations could potentially enable Iran to evade U.S. energy sanctions, reminiscent of Baghdad’s own evasion methods in the 1990s, when Iraqi oil tankers flew Iranian flags.

Going forward, the balance of power has clearly tipped in Baghdad’s favor given Erbil’s costly independence referendum, its loss of control over Kirkuk’s oil fields, and its dire need for cash flow from Iraqi coffers. Yet Baghdad also realizes that the KRG energy industry is here to stay. And continuing to substitute gentleman’s handshakes for regulated production handovers and revenue sharing is unsustainable. Mutually destructive approaches hamper the progress of the Iraqi oil sector, which seeks to reintegrate and recover in a competitive market. In standing before the Supreme Court, the KRG has an opportunity to cash out on the constitution, the forging of which was one of its main institutional and legal achievements in the post-Saddam era. And Baghdad cannot simply play the bully now that it is dealing with the KRG’s international energy partners, which include Russia’s Rosneft and Turkey’s BOTAS. 

TOWARD RULE OF LAW

Allowing courts to settle Iraq’s oil disputes is a principle worth supporting, since a transparent, rule-based energy industry is in the interest of all parties. Among other benefits, resolving the oil issue would help untangle Baghdad and the KRG’s disputes over territory. It would also undercut Iran’s influence, limit its opportunities for oil smuggling, and aid efforts to spot its sanctions-busting efforts.

To that end, the priority of the next Iraqi government should be passing a national hydrocarbons law and constructing inclusive state institutions that reflect the constitution. Rationalizing Iraq’s petroleum sector is necessary to maximize revenue and formulate economic policies needed to cope with recent public protests. The United States should resume the assistance it extended in 2007-8 toward passing an oil and gas law. It should also support the court proceedings as a positive precedent for conflict resolution, while offering the technical advice the court needs to pass a fair judgment. Baghdad and the KRG are both receptive to such assistance.

[newbieDA]

2 minutes ago, The Englishman said:

To that end, the priority of the next Iraqi government should be passing a national hydrocarbons law and constructing inclusive state institutions that reflect the constitution. Rationalizing Iraq’s petroleum sector is necessary to maximize revenue and formulate economic policies needed to cope with recent public protests.

 

[Butifldrm]

Putting Iraq-KRG Oil Relations on Solid Legal Ground.

 

By James F. Jeffrey and Bilal Wahab

 

 

Current Domestic Issues, Iraqi Kurdistan Region, Latest Publications

 

 

Notwithstanding their decades of contention, the two governments must resolve their differences legally to make way for economic development and stave off public unrest.

Despite their country producing 4.3 million barrels of oil per day, Iraq’s population remains poor. Gathering in the streets of southern towns, masses are protesting government corruption, power shortages, and high unemployment rates. Consequently, the government must refocus its attention on economic prosperity and the daunting financial demands of reconstruction following years of war against the Islamic State. To that end, it should resolve its dispute with the Kurdistan Regional Government (KRG) over management of the oil and gas sector. Doing so would be the first of many crucial steps toward injecting rule of law back into the energy industry.

Currently, a messy but promising case to adjudicate management rights over these disputed resources sits before Iraq’s Supreme Court. Should the case progress constructively, it will pressure the newly elected parliament to prioritize passage of a national hydrocarbons law. This in turn would infuse much-needed confidence into Iraq’s risk-laden energy sector and invite greater foreign investment to boost production and revenues. Moreover, Kurdish recognition of the federal court foreshadows a more realistic approach to energy—one that aims to salvage and de-risk the KRG oil industry through better coordination, if not integration, with the federal industry.

 

REENERGIZED AMBIGUITIES 

In 2005, Iraq’s new constitution enshrined federalism and the equitable sharing of oil and gas revenues. As the basis for its case that the KRG is supposed to take part in this arrangement, Baghdad cites three articles of the Iraqi constitution. Article 110 stipulates that the federal government shall have “exclusive authorities” in formulating “foreign sovereign economic and trade policy,” presumably including the trade in hydrocarbons, which account for over 95 percent of Iraq’s exports. Article 111 establishes that oil and gas are owned by all the people of Iraq. And the first paragraph of Article 112 stipulates that “present” oil and gas fields shall be managed by the central government alongside “the producing governorates and regional governments,” essentially continuing Saddam Hussein’s arrangements at the time of the constitution’s enactment.

Yet the second paragraph of Article 112 implies a distinction between old and new oil, with 2005 as the dividing line. It asserts that “the federal government, with the producing regional and governorate governments, shall together formulate the necessary strategic policies to develop the oil and gas wealth.” The KRG therefore premises all hydrocarbon production, excluding its claims to Kirkuk, on “new oil” provisions covered by the “together” phrase, which is not found in the article’s first paragraph. In its view, this phrasing also supersedes the “exclusive authorities” granted to Baghdad in Article 110.

However these differing interpretations are ultimately reconciled, Article 112 clearly gives the government a mandate to pass legislation regulating the shared management of production, sale of crude oil, and the distribution of revenues. Due to constant power wrangling, though, these constitutional provisions have not yet been translated into regulations, let alone clear laws. In a major push during 2007-8, the United States offered to mediate a new hydrocarbons law, but both Baghdad and the KRG decided to stick with their self-serving interpretations of the constitution.

The Kurds, eyeing the exit door from Iraq, sought to build an independent petroleum industry, inviting international oil companies (IOCs) to look for hydrocarbons in their territory. They also began independently exporting oil in January 2014 and contracted with Turkey to export gas, in clear violation of Article 110. Today, the KRG independently exports almost 300,000 barrels of oil per day via Turkey.

For its part, Baghdad seeks to remain the locus of such decisionmaking; accordingly, it claims ownership of the KRG’s oil exports and refuses to recognize Kurdish deals with IOCs. In effect, Baghdad acts as if Article 112 regulates all oil, including “new” oil—a stance that seems to violate the constitution just as surely as Erbil’s unilateral exports do.

 

COURT BATTLE

In 2012, the federal government took the KRG to the Supreme Court over the legality of its oil contracts and independent exports. But the KRG deliberately neglected to appear before the court until April of this year.

So far, the court has not made any rulings, requesting more information on the petroleum value chain instead. While the next and, perhaps, final hearing will take place on August 14, both parties are encouraged by the proceedings thus far. Federal officials feel they have a strong case against the KRG, while Kurdish officials are pleased to see the court question the two constitutional articles cited by Baghdad as grounds for indictment. The court has also put the onus of formulating a national oil law on Baghdad, since the KRG passed its own natural resources law in 2007.

Moreover, past budget laws passed by the national parliament required the KRG to contribute certain oil export earnings to the country’s overall exports—a practice that Erbil cites as clear recognition that its independent exports are legitimate. One deal in 2015 had the KRG and federal government equitably split the proceeds of 150,000 barrels per day produced in the Kirkuk fields, whose oil can only be exported via the Kurdish pipeline to Turkey. Today, however, federal authorities refuse to export that oil, avoiding KRG infrastructure at all costs. By so doing, they limit Iraq’s northern export outlet—a self-defeating approach at a time when protests could threaten the flow of crude from the south.

 

ONE COUNTRY, TWO INDUSTRIES 

The ongoing legal vacuum has essentially bifurcated Iraq’s energy industry. Although building an energy industry from naught was quite a feat for the KRG, its main goals—staving off the central government and building the economic foundation for a independence—led it to overreach at times, such as when it commandeered Kirkuk oil fields and revenues during the war against the Islamic State. The Kurdish energy industry also became increasingly less transparent as KRG officials sought to evade Baghdad.

Yet federal authorities refused to give the KRG a break from day one. They declared Erbil’s production-sharing contracts illegal, blacklisted any interested IOCs, and sued buyers. Short-term and short-lived deals replaced law-based policy and strategy. Between 2013 and 2016, Erbil intermittently recognized Baghdad’s determinant role by turning its oil over to the central government for export. In return, Baghdad’s acceptance of this arrangement indirectly recognized the legality of the KRG’s contracts. The Kurds also received their share of country-wide oil export earnings: around 17% in most budgets up until recently. But various technical disputes and instances of overreach by both sides scotched several of these initiatives.

The disputes have also opened a door for more Iranian influence. Last month, Baghdad and Tehran agreed to swap 30,000 barrels of Kirkuk oil, with Iraqi oil feeding Iranian refineries and Iran delivering equal amounts of its own oil to Iraq’s Persian Gulf ports. Warming oil relations could potentially enable Iran to evade U.S. energy sanctions, reminiscent of Baghdad’s own evasion methods in the 1990s, when Iraqi oil tankers flew Iranian flags.

Going forward, the balance of power has clearly tipped in Baghdad’s favor given Erbil’s costly independence referendum, its loss of control over Kirkuk’s oil fields, and its dire need for cash flow from Iraqi coffers. Yet Baghdad also realizes that the KRG energy industry is here to stay. And continuing to substitute gentleman’s handshakes for regulated production handovers and revenue sharing is unsustainable. Mutually destructive approaches hamper the progress of the Iraqi oil sector, which seeks to reintegrate and recover in a competitive market. In standing before the Supreme Court, the KRG has an opportunity to cash out on the constitution, the forging of which was one of its main institutional and legal achievements in the post-Saddam era. And Baghdad cannot simply play the bully now that it is dealing with the KRG’s international energy partners, which include Russia’s Rosneft and Turkey’s BOTAS.

 

TOWARD RULE OF LAW

Allowing courts to settle Iraq’s oil disputes is a principle worth supporting, since a transparent, rule-based energy industry is in the interest of all parties. Among other benefits, resolving the oil issue would help untangle Baghdad and the KRG’s disputes over territory. It would also undercut Iran’s influence, limit its opportunities for oil smuggling, and aid efforts to spot its sanctions-busting efforts.

To that end, the priority of the next Iraqi government should be passing a national hydrocarbons law and constructing inclusive state institutions that reflect the constitution. Rationalizing Iraq’s petroleum sector is necessary to maximize revenue and formulate economic policies needed to cope with recent public protests. The United States should resume the assistance it extended in 2007-8 toward passing an oil and gas law. It should also support the court proceedings as a positive precedent for conflict resolution, while offering the technical advice the court needs to pass a fair judgment. Baghdad and the KRG are both receptive to such assistance.

James F. Jeffrey is the Philip Solondz Distinguished Fellow at The Washington Institute and former U.S. ambassador to Iraq and Turkey. Bilal Wahab is the Institute’s Nathan and Esther K. Wagner Fellow. 

Source:  The Washington Institute for Middle East Policy, July 19, 2018

https://www.washingtoninstitute.org/policy-analysis/view/putting-iraq-krg-oil-relations-on-solid-legal-ground

http://iraqieconomists.net/en/2018/07/21/putting-iraq-krg-oil-relations-solid-legal-ground-james-f-jeffrey-bilal-wahab/

[Butifldrm]

Assigning an expert in the appeal case to extract the Kurdistan Region oil from its territory and export it directly

26 minutes ago

4024 views

+ -

NRT

The Federal Supreme Court decided on Tuesday to assign an expert in the appeal case to extract the Kurdistan Region oil from its territory and export it directly .

In a statement today, August 14, court spokesman Iyas Samok said that the court considered during its session today the case of the Minister of Oil in addition to his job on the Minister of Natural Resources in the Kurdistan Region in addition to his job, which requires the implementation and implementation of the provisions of the Constitution and the laws in force Link and hand over the entire oil production in the region to the Federal Oil Ministry . "

He added that the court charged a technical expert to submit a report on questions related to the appeal against the unconstitutionality of the Kurdistan Region to extract oil from its territory and sell directly, indicating that the meeting witnessed the presence of all parties are the agents of the plaintiff and the Federal Minister of Oil, And the Third People's Deputies, the Federal Prime Minister, the Federal Minister of Finance and the Prime Minister of the Kurdistan Region, in addition to their jobs. "

 He pointed out that the court "found that Article (111) of the Constitution provided a general principle for the subject of oil and gas and its text (oil and gas is the property of all the Iraqi people in all regions and governorates). Article 112 of the Constitution specifies how to implement article 111 And provided that the work and implementation of the provision of that article under a law detailing what is contained therein.

He added that "the court confirmed that this law has not been issued so far, and back to the petition and found that the plaintiff is requesting the application of the provisions of the Constitution and laws related to oil and gas and oblige the plaintiff to hand over the entire production of oil extracted from the Kurdistan region to the Federal Oil Ministry, The lawsuit to find out how to apply and the work of Article (111) of the Constitution on oil extracted from the Kurdistan region starting from extraction and the body that actually and the constitutional or legal authority .

He pointed out that "the court also wanted to know how to deal with the proceeds of sale and is there a law or an agreement between the federal government and the provincial government to regulate these practices ?, What are these conventions and the date of their contract? And do they agree in the presence of the existence of a law or with the provisions of the Constitution? It is the role of the federal government and the Kurdistan Regional government in the field of oil discovery and Astkhraja and selling and selling act in the light of the allowance provisions of the Constitution and the law in force and agreements? ". 

"The court confirmed that the subject of the questions includes technical aspects accurate needs of expert expertise of specialists and since the parties agreed to leave the expert to the court, and after the designation of one of the specialists in this area, the court decided to adjourn the hearing until 29 / 2018, for the purpose of informing the expert to attend and entrust him with his mission .

R.

http://www.nrttv.com/AR/News.aspx?id=3348&MapID=2

[yota691]

The federal cost an expert claiming to challenge the extraction of oil Kurdistan from its territory and export directly

 

Tuesday, August 14

 

 

 

 

Alsumaria News / Baghdad ,  said a spokesman for the Federal Court Illes Acommok, Tuesday, the court commissioned a technical expert to submit a report on questions concerning a lawsuit to challenge the unconstitutionality of the territory of Kurdistan to extract oil from its territory and sell it directly.  Samuk said in a statement received by Alsumaria News a copy of it, " The Federal Supreme Court held its session today, 14/8/2018 under the chairmanship of Judge Medhat al-Mahmoud and the presence of judges members and considered the case of the Minister of Oil in addition to his job on the Minister of Natural Resources in the Kurdistan region, in addition to his job, Implement and implement the provisions of the Constitution and the relevant laws in force and hand over the entire oil production in the region to the Federal Oil Ministry . "   He added that "the meeting witnessed the presence of all parties are the agents of the plaintiff , the Federal Oil Minister , the Deputy Minister of Natural Resources in the Territory, the third person's agents, the Federal Prime Minister, the Federal Minister of Finance and the Prime Minister in the Kurdistan region, in addition to their jobs, Pointing out that the court "found that Article (111) of the Constitution provided a general principle for the subject of oil and gas and the text ((oil and gas is the property of all the Iraqi people in all regions and provinces)). He added that "the court confirmed that Article (112) of the Constitution has drawn up how to implement Article (111) of it and provided that the work and implementation of the provision of that article under a law detailing what is contained therein," adding that "the Court confirmed that this law has not been issued so far , And returned to the petition and found that the plaintiff is requesting the application of the provisions of the Constitution and laws related to oil and gas and oblige the plaintiff to hand over the entire production of oil extracted from the Kurdistan region to the Federal Oil Ministry, and went to court to resolve the case to determine how to apply the work of Article (111) The Constitution on oil extracted from the Kurdistan region starting from To extract and the party that actually takes over and the constitutional or legal authority. " He pointed out that "the court also wanted to know how to deal with the proceeds of sale and is there a law or an agreement between the federal government and the provincial government to regulate these practices ?, What are these conventions and the date of their contract? And do they agree in the presence of the existence of a law or with the provisions of the Constitution? Is the role of the federal government and the Kurdistan Regional Government in the field of oil discovery and extraction and sale and disposal of sales allowance in light of the provisions of the Constitution and the law and agreements in force?  Al-Samok concluded by saying that "the court confirmed that the subject of questions includes technical aspects accurate needs of the expertise of expert specialists and since the parties agreed to leave the expert to the court, and after the designation of one of the specialists in this area, the Court decided to postpone the hearing until 29 / 2018, for the purpose of informing the expert to attend and entrust him with his mission.

[yota691]

Federal Court costs an expert in the case of the appeal to sell the province of oil

Date of release: 2018/8/14 12:34 • 185 times read

(Baghdad: Al Furat News} The Federal Supreme Court commissioned a technical expert to submit a report on questions concerning the appeal of the unconstitutionality of the Kurdistan Region to extract oil from its territory and sell directly.

"The Supreme Federal Court held its session today, 14/8/2018, headed by Judge Medhat al-Mahmoud and the presence of judges members and considered the case of the Minister of Oil in addition to his job on the Minister of Natural Resources in the Kurdistan region / In addition to its function, which requires the implementation and implementation of the provisions of the Constitution and the relevant laws in force and hand over the entire oil production in the region to the Federal Oil Ministry. 
He added that "the meeting witnessed the presence of all parties are the agents of the prosecutor and the Federal Oil Minister, the Deputy Attorney of the Minister of Natural Resources in the Territory, and the agents of the third persons, the Prime Minister of the Federal and Federal Minister of Finance, and the Prime Minister in the Kurdistan region, in addition to their jobs.
Samok noted that the court "found that Article (111) of the Constitution provided a general principle of oil and gas and its text," oil and gas is the property of all the Iraqi people in all regions and provinces. " 
He added that "the court confirmed that Article (112) of the Constitution, how to implement the article {111} and provided that the work and implementation of the provision of that article under a law detailing what is contained therein. 
Asamoak said that "
He pointed out that "the court also wanted to know how to deal with the proceeds of sale and is there a law or an agreement between the federal government and the provincial government to regulate these practices ?, What are these agreements and the date of their contract? And do they agree in the presence of a law or with the provisions of the Constitution? Is the role of the federal government and the Kurdistan Regional Government in the field of oil discovery and extraction and sale and disposal of sales allowance in light of the provisions of the Constitution and the law and agreements in force? 
He pointed out that "the court confirmed that the subject of questions includes technical aspects accurate needs of the expert expertise of specialists and since the parties agreed to leave the expert to the court, and after the designation of one of the specialists in this area, the court decided to postpone the hearing to 29/8/2018, For the purpose of informing the expert to attend and entrust him with his mission. "

[yota691]

Assigning an expert in the appeal case to extract the Kurdistan Region oil from its territory and export it directly

14/08/2018

 

 

 

(Independent) .. The Federal Supreme Court commissioned a technical expert to submit a report on questions concerning the appeal of the unconstitutionality of the Kurdistan Region to extract oil from its territory and sell directly.

"The Federal Supreme Court held its session on 14/8/2018 under the chairmanship of Judge Medhat Al-Mahmoud and the attendance of the judges of the members and considered the case of the Minister of Oil in addition to his job on the Minister of Natural Resources in the Kurdistan region, in addition to his job, which requests the implementation and application of what came The provisions of the Constitution and the relevant laws and the delivery of the entire oil production in the region to the Federal Oil Ministry.

He added that "the meeting witnessed the presence of all parties are the agents of the prosecutor and the Federal Oil Minister, the Deputy Attorney of the Minister of Natural Resources in the Territory, and the agents of the third persons, the Prime Minister of the Federal and Federal Minister of Finance, and the Prime Minister in the Kurdistan region, in addition to their jobs.

The official spokesman noted that the court "found that Article (111) of the Constitution provided a general principle for the subject of oil and gas, which reads ((oil and gas is the property of all the Iraqi people in all regions and provinces).

He added that "the court confirmed that Article (112) of the Constitution, how to implement Article (111) thereof and provided that the work and implementation of the provision of that article under a law detailing what is contained therein.

"The court confirmed that this law has not been issued so far, and back to the petition found that the plaintiff is requesting the application of the provisions of the Constitution and laws related to oil and gas and oblige the plaintiff to hand over the entire production of oil extracted from the Kurdistan region to the Federal Oil Ministry, The lawsuit to stand on how to apply and the work of Article (111) of the Constitution on oil extracted from the Kurdistan region from extraction and the body that actually takes the constitutional and constitutional or legal.

The official spokesman said that "the court also wanted to know how to deal with the proceeds of sale and is there a law or agreement between the federal government and the provincial government to organize such practices? What are these agreements and the date of their contract? , And what is the role of the federal government and the Kurdistan Regional Government in the field of oil discovery and extraction and sale and disposal of the sale in light of the provisions of the Constitution and the law and agreements in force?

He pointed out that "the court confirmed that the subject of questions includes technical aspects accurate needs of the expert expertise of specialists and since the parties agreed to leave the expert to the court, and after the designation of one of the specialists in this area, the court decided to postpone the hearing to 29/8/2018, For the purpose of informing the expert to attend and entrust him with his mission. "

[yota691]

The highest judicial authority in Iraq cost an expert in the case of appeal to extract the Kurdistan Region of oil 

 

 Twilight News    
 2 hours ago

Shafak News / The Federal Supreme Court commissioned a technical expert to submit a report on questions concerning the appeal of the unconstitutionality of the Kurdistan Region to extract oil from its territory and sell directly.

"The Federal Supreme Court held its session today, 14/8/2018, under the chairmanship of Judge Medhat Al-Mahmoud and the presence of the judges of the members and considered the case of the Minister of Oil in addition to his job on the Minister of Natural Resources in the Kurdistan Region, in addition to his job, Implement and implement the provisions of the Constitution and the relevant laws in force and hand over the entire oil production in the region to the Federal Oil Ministry. "

He added that "the meeting witnessed the presence of all parties are the agents of the prosecutor and the Federal Minister of Oil, and the Deputy Minister of Natural Resources in the Territory, and the third persons agents, the Prime Minister of the Federal Minister of Finance and the Federal Minister of the Council of Ministers in the Kurdistan Region in addition to their jobs.

The spokesman noted that the court "found that Article (111) of the Constitution provided a general principle for the subject of oil and gas, which reads ((oil and gas is the property of all the Iraqi people in all regions and provinces).

He added that "the court confirmed that Article (112) of the Constitution, how to implement Article (111) thereof and provided that the work and implementation of the provision of that article under a law detailing what is contained therein.

He went on to say that "the court confirmed that this law has not been issued so far, and back to the petition and found that the plaintiff seeks to apply the provisions of the Constitution and laws related to oil and gas and obligate the plaintiff to hand over the entire production of oil extracted from the Kurdistan region to the Federal Oil Ministry, To resolve the case to find out how to apply the work of Article (111) of the Constitution on oil extracted from the Kurdistan region starting from extraction and the body that actually takes the constitutional and constitutional or legal.

The Samok said that "the court also wanted to know how to deal with the proceeds of sale and is there a law or agreement between the federal government and the provincial government to regulate these practices ?, What are these agreements and the date of their contract? And do they agree in the presence of the existence of a law or with the provisions of the Constitution? What is the role of the federal government and the Kurdistan Regional Government in the field of oil discovery and extraction and sale and disposal of the sale in light of the provisions of the Constitution and the law and agreements in force?

He concluded by saying that "the court confirmed that the subject of questions includes technical aspects accurate needs of the expert expertise of specialists and since the parties agreed to leave the expert to the court, and after the designation of one of the specialists in this area, the court decided to postpone the hearing until 29/8/2018, For the purpose of informing the expert to attend and entrust him with his mission. "

Keywords: 

[Synopsis]

6 hours ago, yota691 said:

He went on to say that "the court confirmed that this law has not been issued so far, and back to the petition and found that the plaintiff seeks to apply the provisions of the Constitution and laws related to oil and gas and obligate the plaintiff to hand over the entire production of oil extracted from the Kurdistan region to the Federal Oil Ministry, To resolve the case to find out how to apply the work of Article (111) of the Constitution on oil extracted from the Kurdistan region starting from extraction and the body that actually takes the constitutional and constitutional or legal.

 

This looks like one SMOKIN'        section!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

I may be way, way off here but Kurdistan has been extracting and selling oil on their own. Ernst & Young and DeLoitte and Touche have been in Kurdistan for quite some time and has come up with the REAL Kurdistan oil extraction numbers. In the past, the quantity of crude oil that Kurdistan is to supply to Badghdad is 550,000 bpd and there has been contest over that in conjunction with the 17% allocation to the Kurdistan region via the Iraqi Budget.

 

So.......................................................

 

Looks like this is being settled in the Federal Court Of Iraq and will bypass all the politics and Parliamentary wrangling.

 

I like the phrase "extraction" instead of supply. Crooks can extract any amount and bypass the rights of the Iraqis via the "oil and gas" PROVISIONS. Looks like there is a possibility of the "oil and gas" provision to be applied via the Federal Court instead of having to go through Parliament. If so, the application of the "oil and gas" provision could go EXTREMELY quick!!!

 

I LIKE THE TIMING!!!!!!!!!!! 

 

Just my conjecture, thoughts, opinion, and  for whatever THAT is worth!!! Hey, I might be a nut case or somethin'!!! CAVEAT EMPTOR, Reader!!! 

 

In The Mean Time....................................................

 

Go Moola Nova (YEAH AND YEE HAW, BABY, READY WHEN YOU ARE BROTHER (OR SISTER) - LET 'ER BUCK!!!)!!!

   

 

 

[yota691]

Assigning an expert in the appeal against the unconstitutionality of the sale of oil of the region

15/8/2018 12:00 am  Baghdad / Al-Sabah  The Federal Supreme Court, commissioned a technical expert to submit a report on questions concerning the appeal of the unconstitutionality of the Kurdistan Region to extract oil from its territory and sell it directly. "The Federal Supreme Court held its session under the chairmanship of Judge Medhat al-Mahmoud and the presence of the judges of the members and considered the case of the Minister of Oil in addition to his job, the Minister of Natural Resources in the region in addition to his job, which requires the implementation and implementation of what The provisions of the Constitution and relevant laws and the delivery of the entire oil production in the region to the Federal Oil Ministry ».  Samok said that «the meeting witnessed the presence of all parties are the agents of the prosecutor and the Federal Oil Minister, and the Undersecretary of the Minister of Natural Resources in the Territory, the three agents of the Prime Minister of the Federal Minister, the Federal Minister of Finance, and the Prime Minister of Kurdistan in addition to their jobs». The official spokesman pointed out that «the court found that article (111) of the Constitution provided a general principle of oil and gas and the text (oil and gas are the property of all the Iraqi people in all regions and provinces).  He pointed out that "the court affirmed that article (112) of the constitution specifies how to implement Article (111) of it and stipulated that the work and implementation of the provision of that article shall be by a law detailing what is stated therein."  "The court confirmed that this law has not been issued so far, and back to the petition found that the plaintiff is requesting the application of the provisions of the Constitution and laws related to oil and gas and oblige the defendant to hand over the entire production of oil extracted from Kurdistan to the Federal Oil Ministry.  He pointed out that "the court also wanted to know how to deal with the proceeds of selling and whether there is a law or agreement between the federal government and the provincial government to organize such operations."  The Samok said that "the court confirmed that the subject of questions includes technical aspects accurate needs to be experienced expert from the competent and where the parties agreed to leave the expert to the court, and after the designation of one of the specialists in this area, the court decided to postpone the argument to the end of this month, Inform the expert to attend and entrust him with   his mission. "

[Goggles]

Go HCL!!! 

[ChuckFinley]

On 8/14/2018 at 3:31 PM, Synopsis said:

 

This looks like one SMOKIN'        section!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

I may be way, way off here but Kurdistan has been extracting and selling oil on their own. Ernst & Young and DeLoitte and Touche have been in Kurdistan for quite some time and has come up with the REAL Kurdistan oil extraction numbers. In the past, the quantity of crude oil that Kurdistan is to supply to Badghdad is 550,000 bpd and there has been contest over that in conjunction with the 17% allocation to the Kurdistan region via the Iraqi Budget.

 

So.......................................................

 

Looks like this is being settled in the Federal Court Of Iraq and will bypass all the politics and Parliamentary wrangling.

 

I like the phrase "extraction" instead of supply. Crooks can extract any amount and bypass the rights of the Iraqis via the "oil and gas" PROVISIONS. Looks like there is a possibility of the "oil and gas" provision to be applied via the Federal Court instead of having to go through Parliament. If so, the application of the "oil and gas" provision could go EXTREMELY quick!!!

 

I LIKE THE TIMING!!!!!!!!!!! 

 

Just my conjecture, thoughts, opinion, and  for whatever THAT is worth!!! Hey, I might be a nut case or somethin'!!! CAVEAT EMPTOR, Reader!!! 

 

In The Mean Time....................................................

 

Go Moola Nova (YEAH AND YEE HAW, BABY, READY WHEN YOU ARE BROTHER (OR SISTER) - LET 'ER BUCK!!!)!!!

   

 

 

That is one big Smoking Section. 

[Synopsis]

4 hours ago, ChuckFinley said:

That is one big Smoking Section. 

 

 ChuckFinley, AND The Best Of The Rest Of Your Week AND Weekend To You!!! 

 

Go Moola Nova!

[yota691]

Kurdistan attaches to the mandate of Baghdad expert to decide on the file of oil export

 

 Twilight News    
 5 hours ago

The Secretary of the Council of Ministers of the Kurdistan Region, on Thursday, that the region could reject the expert identified by the Federal Court to give his opinion on the implementation of two constitutional articles to decide the legality of the Kurdistan oil exports. 
The Secretary of the Council of Ministers of the region Amang Rahim, on his Facebook social networking site "Facebook" that the Federal Supreme Court in its session, on Thursday, based on a lawsuit No. 59 of the complaint of the Iraqi Ministry of Oil against the Ministry of Natural Resources of the Kurdistan Regional Government, decided to choose a technical expert provided that In order to express a technical opinion on how to implement articles 111 and 112 of the Constitution, and after the two sides have not agreed to identify the expert, the Court has chosen him. In this regard, the territorial Government can reject this expert.
Aman Rahim said that according to article 14 of the rules of procedure of the Federal Court, the court decides to rely on the opinion of experts from outside the court if the subject of advocacy need to, but the opinion is advisory and does not give the force binding to the court. 
He stressed that the expert is in the scientific and technical field only and does not have the right to legal expression in accordance with Article 132 of the law (evidence), and must express the expert opinion in the scientific and technical and not legal issues, indicating that the expert appointed by the Court is an expert technical and not In any way, to express his opinion on the analysis and explanation of articles (111) and (112) of the Constitution, which basically the call of the Ministry of Oil related to these two articles and not the technical issue.
The Kurdish official said that according to the law, the parties to the invitation have the right to reject the expert appointed by the Federal Court in accordance with Article 93 of the Code of Civil Procedure, which stated that the parties to the invitation can reject the expert appointed by the Court. 
The Federal Supreme Court is the largest judicial authority in Iraq, which adjudicates disputes between the federal government and the regions and the constitutionality of laws, regulations, instructions and orders issued by any party. 
The Kurdistan Region of Iraq began to export oil independently of Baghdad in 2014 via a line owned by him to the Turkish port of Ceyhan on the Mediterranean Sea, and from there to the world markets. 
The KRG continues to export oil abroad, except for the Kirkuk fields, which have been shut down since October 2017 after Iraqi forces regain control of the fields.
The territorial government says Iraq's constitution does not contain any substance preventing it from developing oil resources in its territory. 
The regional government has signed contracts with major international oil companies - including Exxon Mobil, Rosneft and Ginnell - to develop its oil fields, which are pumping between 300,000 and 1,000 barrels a day.

Keywords: 

[Butifldrm]

 

2018/08/29 12:41

• Number of readings 34
• Section: Iraq
•  

The Federal Court uses experts in the case of extracting and exporting oil from Kurdistan

 

 

The Federal Supreme Court decided on Wednesday, August 29, 2018, to approach the Iraqi Geologists Union to provide a list of specialists in the field of oil in order to be elected three experts who submit a report on the case of extracting the Kurdistan region oil from its territory and export directly, stressing that the election will be in agreement with The parties to the lawsuit.

"The Federal Supreme Court held its session today under the chairmanship of Judge Medhat al-Mahmoud and the presence of all the judges and considered the case of the Minister of Oil, in addition to his job, the prosecutor asked the Minister of Natural Resources in the Kurdistan region to commit the defendant, in addition to his job, Implement the provisions of the Constitution and the relevant laws in force and hand over the entire production of oil produced in the region to the Federal Oil Ministry. "

He added that "the meeting witnessed the presence of all parties are the agents of the prosecutor and the Federal Oil Minister, the Deputy Attorney of the Minister of Natural Resources in the Territory, and the agents of the third persons, the Prime Minister of the Federal and Federal Minister of Finance, and the Prime Minister in the Kurdistan region, in addition to their jobs.

He explained that "the Deputy Prime Minister in the Kurdistan region / in addition to his job, and the Minister of Natural Resources in the region / in addition to his job, has submitted a request to respond to the expert who was elected at the previous meeting to answer questions that include technical aspects accurate need to be experienced expert of specialists. 

He continued that "the court and after deliberation decided to accept the request, where I found that the expert had already expressed an opinion on the subject of the case, although did not express an opinion on the origin of the case."

Samok pointed out that "the Federal Supreme Court confirmed its keenness on the impartiality of the expert and to reassure the parties to the case, and decided to assign the parties to the case to elect one or three experts during a record period to carry out the task."

He pointed out that "the parties agreed to leave the task to the court, and for this reason decided to approach the Iraqi Geologists Union to submit a list of experts in the field of oil, so that the election of three of them in agreement with the parties to the case, and accordingly decided to postpone the argument to 9/9/2018.

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[yota691]

Federal Court to take decisions on the extraction of Kurdistan Region oil from its territory and export directly

12:54 - 29/08/2018

 

 

 

BAGHDAD - 
The Federal Supreme Court decided on Wednesday to approach the Iraqi Geologists Union to provide a list of specialists in the field of oil to be elected three experts, who submit a report on the issue of extracting the Kurdistan region oil from its territory and export directly. 
"The Federal Supreme Court held its session today under the chairmanship of Judge Medhat al-Mahmoud and the presence of all the judges and considered the case of the Minister of Oil, in addition to his job, the prosecutor demanded the Minister of Natural Resources in the Kurdistan Region To implement the provisions of the Constitution and the relevant laws in force and to hand over the entire production of oil produced in the region to the Federal Oil Ministry. "
"The meeting witnessed the presence of all parties, the agents of the prosecutor, the Federal Oil Minister, the Deputy Minister of Natural Resources in the Territory, the third person's agents, the Federal Prime Minister, the Federal Minister of Finance and the Prime Minister of the Kurdistan Region, in addition to their jobs." 
He explained that "the Deputy Prime Minister in the Kurdistan region / in addition to his job, and the Minister of Natural Resources in the region / in addition to his job, has submitted a request to respond to the expert who was elected at the previous meeting to answer questions that include technical aspects accurate need to be experienced expert of specialists. 
He continued that "the court and after deliberation decided to accept the request, where I found that the expert had already expressed an opinion on the subject of the case, although did not express an opinion on the origin of the case."
The official spokesman pointed out that "the Federal Supreme Court confirmed its keenness on the impartiality of the expert and to reassure the parties to the case, and decided to assign the parties to the case to elect one or three experts during a record period to carry out the task." 
He pointed out that "the parties agreed to leave the task to the court, and for this reason decided to approach the Iraqi Geologists Union to submit a list of experts in the field of oil, so that the election of three of them in agreement with the parties to the case, and accordingly decided to postpone the argument to 9/9/2018. Ending 29 / p

[yota691]

The Federal Court uses geological experts in the case of the oil extraction and export of the region directly

Release Date: 2018/8/29 13:26 • 63 times read

[Ayn-Baghdad] 
The Federal Supreme Court decided to approach the Iraqi Geologists Union to provide a list of specialists in the field of oil to be elected three experts, who submit a report on the case of extracting the Kurdistan region oil from its territory and export directly, asserting that the election will be in agreement with the parties to the lawsuit.

"The Federal Supreme Court held its session today under the chairmanship of Judge Medhat al-Mahmoud and the presence of all the judges and considered the case of the Minister of Oil, in addition to his job, the prosecutor demanded the Minister of Natural Resources In the Kurdistan region / in addition to its function, the implementation of the provisions of the Constitution and the relevant laws in force and hand over the entire production of oil produced in the region to the Federal Oil Ministry. 
He added that "the meeting witnessed the presence of all parties are the agents of the prosecutor and the Federal Oil Minister, the Deputy Attorney of the Minister of Natural Resources in the Territory, and the agents of the third persons, the Prime Minister of the Federal and Federal Minister of Finance, and the Prime Minister in the Kurdistan region, in addition to their jobs.
He explained that "the Deputy Prime Minister in the Kurdistan region / in addition to his job, and the Minister of Natural Resources in the region / in addition to his job, has submitted a request to respond to the expert who was elected at the previous meeting to answer questions that include technical aspects accurate need to be experienced expert of specialists. 
He continued that "the court and after deliberation decided to accept the request, where I found that the expert had already expressed an opinion on the subject of the case, although did not express an opinion on the origin of the case." 
Samok pointed out that "the Federal Supreme Court confirmed its keenness on the impartiality of the expert and to reassure the parties to the case, and decided to assign the parties to the case to elect one or three experts during a record period to carry out the task."
He pointed out that "the parties agreed to leave the task to the court, and for this reason decided to approach the Iraqi Geologists Union to submit a list of experts in the field of oil, so that the election of three of them in agreement with the parties to the case, and accordingly decided to postpone the argument to 9/9/2018.