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The oil dispute puts Baghdad in front of “big” legal problems.. Billions of compensation for Erbil (details)


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The region's oil interactions: fears of maneuvers that circumvent the decision of the Federal Court

 

Baghdad/The Obelisk: The Obelisk publishes, Thursday, February 17, 2022, the most important interactions and analyzes of the Federal Court's decision regarding the oil and gas law in the Kurdistan region:
  
a member of the Salah al-Din al-Dulaimi Advance Alliance in a television interview:

- There is a thaw between the Union and the Democratic Party after the issue of oil and gas

- The Federal Court does not back down from its decisions, but the Constitution maneuvers.

- Political maneuvers will continue and extend due to the absence of consensus.

Iraq is on the edge of the abyss.

- Political agreements at night turn into day.
 
Political analyst Kazem al-Hajj in a television interview:

What is issued by the judiciary is not politicized.

- The framework is moving towards creating a unified Kurdish position.

- The Democratic Party betrayed its promises to the Shiite framework.

- The framework accepted all judicial decisions related to elections.

- The framework supported the decisions of the judiciary and approved all of them.

Kurdistan's share of the budget will be affected by the decision of the Federal Court.

Change Movement MP Hoshyar Abed in a TV interview:

- Failure to respect the decision of the Federal Court establishes a state of no state.

Kurdistan's oil imports were looted and used for political bribery.

- The Democratic Union and the Union are benefiting from the absence of transparency in the oil file.

The court’s decision may bring about a rapprochement between the Democratic Union and the Union

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SULAIMANI — Kurdistan Regional Government (KRG) Spokesman Jotiar Adil said on Thursday (February 17) the government assures oil companies operating in the Region that it remains committed to agreements with the companies.

"We assure oil companies we are committed to the deals we have with them,” Adil told KDP official media.

He confirmed the KRG was not reconsidering any of its agreements in the oil sector, stating such agreements were reached legally and in line with the constitution, adding negotiations with Baghdad on their disagreements over oil sales was ongoing.

Adil also said the KRG was willing to hand over 250,000 barrels of oil and 50 percent of the federal revenue to Baghdad and that the finance oversight committee from the Iraqi federal government was in the Region for an investigation.

The spokesman said the supreme court ruling on the KRG’s independent oil sales on Tuesday called to question all previous efforts made to reach an agreement between Baghdad and Erbil.

Adil said the KRG was committed to its agreement with Baghdad and will take all legal and constitutional procedures to defend its rights and protect contracts and agreements with oil companies.

The Iraqi Federal Supreme Court ruled on Tuesday the oil and gas law in the Kurdistan Region was unconstitutional and directed the KRG to commit to the management of oil and gas transfers to Baghdad.

(NRT Digital Media)

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The Kurdistan Alliance accuses the federal government of acquiescing to the Gulf states regarding the region's oil decision

Last update 02/17/2022 | 6:11 pm

information/special...

On Thursday, a member of the Patriotic Union of Kurdistan, Hassan Ali, accused the Federal Court of yielding to international pressures regarding its decision to manage oil and gas in the Kurdistan region.

Ali told the "Information" agency, "The decision of the Federal Court regarding the sale of oil and gas in the Kurdistan region is not in the interests of the Iraqi people," noting that "the oil and gas file is old since the first government booth after the previous regime until now between the federal government and the region, and no agreement has been reached. on him".

He added, "All recent decisions of the Federal Court, especially after the elections stage, are interfered with by regional and Gulf countries such as Saudi Arabia and Turkey," noting that "the Federal Court succumbed to international pressures regarding its decision to manage oil and gas in the Kurdistan region."

The member of the National Union explained that "the Federal Court has all the authority to control all oil wealth, and the region has several basics, agreements and understandings with the central government regarding oil and gas export operations, and it must be resolved through dialogue between the two sides."

And he indicated, "The decision of the Federal Court regarding the sale of oil and gas in the Kurdistan region has become binding on the central government and the region is committed to it as a final decision

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Official newspaper: Kurdistan's refusal to implement the federal decision is a challenge to the laws and constitution

Last update 02/17/2022 | 10:53 AM
 

The Information/Baghdad…
An official newspaper returned, on Thursday, to the Kurdistan Region of Iraq’s refusal to implement the Federal Supreme Court’s decision regarding the export of oil as a “challenge” to the laws and the constitution.
And the newspaper quoted in a report in its issue issued today and seen by / the information /, about the researcher in political affairs, Hikmat Suleiman, as saying, “The region’s refusal to implement the Federal Court’s decision (a challenge) to laws and constitutions happens for the first time and we are about to form a majority government,” expecting that “ Reluctance will affect the formation of the government more than what is present at the moment.”
He added, "The statement of the Sadrist bloc through a press conference that (the decisions of the Federal Court are binding on everyone) is clear that the issue of resolving and implementing the law is a priority over political alliances."
Suleiman suggested that "we will witness a kind of weakening of the resolve of the allies within the majority government, which is another opportunity for those calling for the consensus government to go further with their interlocutors," stressing that "there is no chance now for the majority government." finished/25

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Economist: Baghdad is able to deduct all the debts of Kurdistan through the clearing

 

Information / Baghdad..
The economic expert, Nabil Jabbar, revealed, on Thursday, the mechanisms of the Office of Financial Supervision to monitor Kurdistan’s oil funds after the federal decision regarding the unconstitutionality of selling oil outside the Federal Sumo Company, indicating that the government is able to return all funds through the clearing.
Al-Ali said in a statement to "The Information", that "the recent decision of the Federal Supreme Court obliges the regulatory authorities in Iraq, such as the Federal Financial Supervision Bureau, to see the volume of contracts and all revenues related to oil wealth in Kurdistan."
He added, "The region has financial benefits owed by the federal government for previous years. Clearing and settlement operations can be conducted between the center and the region to account for Kurdistan's dues from the federal budgets in exchange for its obligations."
Al-Ali pointed out that “the file of contracts concluded by the region falls within the jurisdiction of the Federal Ministry of Oil.” End / 25 h

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Iraq.. The "Federal" decision regarding the region's oil between the controversy of the "constitution" and the suspicions of politics
 
Thursday 17 February 2022 - 15:51
 
[[article_title_text]]
(Al Hurra) -  The Federal Court asks Kurdistan to hand over all the oil extracted from its fields to the central government.
 
The decision of the Iraqi Federal Court to oblige the Kurdistan Region to hand over all oil production extracted from the region’s fields to the Federal Oil Ministry threatens a new escalation between the central government and the regional government.
 
The KRG considered, in a statement Wednesday, that the Supreme Court's decision was "unfair and unconstitutional", stressing that it would take "all constitutional, legal and judicial measures to ensure and protect all contracts concluded in the field of oil and gas."
 
While legal experts confirmed that the court's decision was constitutional, a political analyst questioned the timing of the decision, and whether it had a political agenda.
 
The decision comes amid the crisis of forming a new government in the country, as differences persist over the nomination of a new president for the country, three months after the early legislative elections.
 
The legal and constitutional expert, Maitham Handal, said, "The decision issued by the Federal Supreme Court is a constitutional decision, and within its jurisdiction, under the Iraqi constitution of 2005."
 
He added, in an interview with Al-Hurra website, that "this court is competent to decide on this kind of case, as the Iraqi Oil Ministry had filed a lawsuit regarding the oil and gas law, and the Kurdistan Regional Government exporting oil without the approval of the Iraqi Oil Ministry."
 
The Federal Supreme Court's decision came after two complaints filed in 2012 and 2019, one of which was submitted by a former oil minister in the central government, according to Agence France-Presse.
 
Handal explained that the Iraqi Oil Company is responsible for exporting oil outside the country, and for this the Constitutional Court's decision came to oblige the Kurdistan Regional Government to hand over the oil fields, and that the federal government should have access to previous contracts, stressing that this ruling is "constitutional and peremptory" and indisputable.
 
The Federal Supreme Court of Iraq, the highest judicial authority in the country, considered that a law adopted in Kurdistan in 2007 to regulate the oil and gas sector is contrary to the constitution.
 
The legal expert, Ali Al-Tamimi, confirmed that the decision of the Federal Supreme Court "makes the oil and gas law in the Kurdistan region null and void, for violating the constitutional provisions according to Articles: 110, 111, 112, 115, 122 and 130 of the Iraqi constitution."
 
In his response to Al-Hurra's inquiries, he stressed that "the decision is binding, and it is not possible, as some say, to go to challenge it in international courts, as this decision relates exclusively to the sovereignty of the Iraqi state."
 
Al-Tamimi added that the law “imposes the regional government to hand over oil imports retroactively from the date of conclusion of contracts, and to allow the Ministry of Oil and the Office of Financial Supervision, to view these contracts, and in the case of volumes, these funds will be deducted from the 17 percent allocated to the region.”
 
"political dimensions"
 
The political analyst writer, Aqil Abbas, said, "The timing of the decision is strange, and therefore there may be a political motive, whose purpose is to put sticks in the wheels of the tripartite alliance, which includes the Kurdistan Democratic Party, led by Massoud Barzani, and the Sadrist movement, led by Muqtada al-Sadr, and" progress Which is led by Parliament Speaker Muhammad al-Halbousi, by raising one of the federal foundations from the Kurdish point of view, by controlling the oil extracted from the Kurdistan region.
 
Abbas added, in response to Al-Hurra's inquiries, that the message sent to Barzani is that "there will be a heavy cost to allying with Al-Sadr," noting that "the Federal Court may issue additional decisions that undermine the idea of federalism for the Kurdistan region during the coming period."
 
On the other hand, constitutional expert Handal believes that "the oil issue in the Kurdistan region has been under consideration by the Federal Court since 2012" and has nothing to do with the crisis of forming the new government, adding that "the court often takes into account the political aspects, and in the end it is based on the Iraqi constitution. ".
 
Handal pointed out that "this issue will exacerbate the differences between the Kurdistan region and the federal government, as we witnessed resentment from the highest political levels in Kurdistan over the decision of the Constitutional Court."
 
He pointed out that "the press statements issued by the region reveal that it will increase the disagreement in the political process, and will push the instability of relations and deepen the differences between the region and the center," stressing that it is a "controversial" issue.
 
While Abbas suggested that "the political alliance will absorb the decision of the Federal Court," and pointed out that the statement of the proposed government program issued by the Sadrist movement recently "included a point talking about the legislation of a federal oil and gas law," and a few days later the court's decision was issued.
 
Abbas added that the exploitation of "the region's oil resources has turned into a losing economic project, and for this reason the region has many debts to large oil companies, while Baghdad refuses to pay these debts, and the region's government will find itself unable to provide salaries to civilians and military personnel."
 
Abbas stressed that "getting rid of this burden means that the federal government will take over this file, and find a formula to get rid of the bad contracts that the region has concluded with foreign companies, meaning a harmful and beneficial Lord, especially since this matter will return to achieving the interest of the region and the interest of the center."
 
Despite the communications, Al-Hurra has not been able to obtain comment from the regional government, so far.
 
In turn, the legal expert Al-Tamimi confirmed that "Iraq is a federal country, not a confederation, and the Iraqi Oil Marketing Company (SOMO) has exclusive jurisdiction in exporting oil."
 
He added that "the Federal Court is based on Article 111 of the Iraqi Constitution, that oil and gas belong to the Iraqi people, and therefore the management of oil and gas is from foreign trade, and it is within the jurisdiction of the central Iraqi government according to Article 110 of the Constitution."
 
Iraq's exports, which is the second largest oil exporter in the Organization of "OPEC", amount to about 3.5 million barrels per day, and its financial imports represent 90 percent of the country's budget.
 
The Kurdistan region had pledged to deliver 250 thousand barrels of its daily production, which exceeds 400 thousand barrels, to the central government through the Ministry of Oil, in exchange for receiving the salaries of Kurdish officials and Peshmerga fighters, the armed forces of the region.
 
For his part, the spokesman for the Patriotic Union of Kurdistan, Amin Baba Sheikh, issued a statement, on Wednesday, in which he said, "Despite the protection of the principles of the federal constitution of Iraq, but the constitutional rights of the Kurdistan region must be taken into account in this decision."
 
He added, "It is necessary to think about "finding solutions to the problems between the Kurdistan region and the Iraqi federal government at this stage, and not to complicate the problems further. It was necessary for the Kurdistan Regional Government and the Iraqi federal government to negotiate on this issue and other issues after the formation of the Iraqi federal government based on the constitutional foundations."
 
Sheikh called "all parties not to violate the constitution for the sake of narrow political intentions, and to apply the constitutional provisions to an issue such as the oil and gas law and all other crucial issues, in order to protect the federal system and make the political process in Iraq a success. We also call on all political parties to solve political problems through dialogue and political understanding
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Preliminary proposals for the implementation of the historic Federal Supreme Court decision
 
Thursday 17 February 2022 - 12:48 https://akhbaar.org/home/2022/2/291760.html
Ahmad Mousa Jiyad Ahmad Mousa Jiyad
Iraq/ Development Consultancy and Research, Norway
Today, February 15, 2022, the Federal Supreme Court issued a ruling, by a majority, conclusive and binding on all authorities, numbered: 59 / Federal / 2012, which included briefly the following:
 
The unconstitutionality of the Oil and Gas Law in the Kurdistan Region, as it is in violation of the Federal Constitution;
Obligating the regional government to hand over to the federal government represented by the Federal Ministry of Oil;
Obligating the regional government to enable the Ministry of Oil and the Federal Financial Supervision Bureau to follow up on the conclusion of contracts for the sale of oil and gas in the region.
This is a long-awaited historic decision, and much will be written about it after today, but for the time being, I suggest that the Oil Ministry start immediately to form a specialized working group to implement this decision, whose immediate tasks include the following:
 
Receiving copies of the contracts signed by the regional government for each exploration field or patch and all amendments to those contracts;
Receiving all documents, accounts, development plans and production data related to the development and production of those fields to date;
In light of the study of the contracts and documents mentioned in the two paragraphs above, an “alternative standard service contract” is prepared to replace the “current production sharing contracts” enforced by the regional government; The preparation of an “alternative standard service contract” is guided by each of the Al-Ahdab field contract, which was converted from a production sharing contract to a service contract and the service contracts held by the Ministry in the four licensing rounds only;
Preparing alternatives to be presented to the foreign companies contracting with the regional government, including accepting the alternative standard service contract and then negotiating to determine the values of the basic variables in it, such as service wages, the capital cost recovery ratio, ... etc. in light of the specificity of the field concerned; or to relinquish its shares in the contracts signed with the regional government; or other alternatives..
Inform all concerned companies that the presence of every foreign company currently operating in the region and rejecting the decision of the Federal Supreme Court is considered an illegal and unconstitutional existence, and thus that company bears the consequences of its illegal presence in Iraq;
Assessing how to deal with the issue of oil pipelines in the region, including the one invested by the Russian company Rosneft;  
Rapid, effective and constructive cooperation between the Ministry and the Iraqi Council of Representatives, through a joint committee who have known professional and legal experience, to approve the alternative standard service contract to form the basis that guarantees the approval of the House of Representatives on alternative final contracts upon reaching them with foreign companies operating now in the region.
Preparing a plan of action and action at the international level, with its legal, diplomatic and oil industry aspects, to publish the decision of the Federal Supreme Court and the imperative for its implementation and compliance;
Cooperating with SOMO in notifying international oil buyers, oil tanker companies, and insurance companies of the legal consequences of the Federal Court’s decision;
10 - Coordination with the Ministry of Finance regarding the implementation of the Federal Court's decision as far as the paragraphs related to the region's share in the general budget law for the current year.
 
Ahmed Musa Jiyad
Research and development consultant
Norway
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The revival of an "old" dispute between Baghdad and Erbil portends a political crisis and economic repercussions

 
 2022-02-16 01:56
 

 

Shafaq News/ A new chapter of disputes between Baghdad and Erbil, revived this time by the Federal Court's decision to oblige the Kurdistan Regional Government to hand over all oil production to the federal government, at a time when Iraq is still stuck in the knot of forming the new government and electing a president.

The court's recent decision remains under threat of not being implemented in light of a years-old dispute over oil resources between the federal government and the Kurdistan Region, especially after the regional government announced that it would not be implemented.

And the Kurdistan Region began to sell its oil in isolation from the federal government, after a stifling financial crisis as a result of the collapse of oil prices during the ISIS invasion of areas in Iraq, in addition to the disputes with Baghdad that prompted the latter to stop paying the salaries of the region’s employees.

Baghdad says its national oil company, SOMO, is the only one authorized to sell Iraqi crude oil, but each side claims the constitution is on its side. Since the Iraqi oil and gas law remained imprisoned in the drafting stage due to differences, there was room for maneuver.

The oil file is one of the most prominent outstanding issues between Baghdad and Erbil.

Baghdad used to pay 453 billion Iraqi dinars per month (about $380 million) as salaries to the employees of the Kurdistan Region, but it stopped them after the region conducted the independence referendum on its part, and because of what Baghdad said that the region was not committed to handing over its oil in accordance with the terms of the federal budget.

After several rounds of political negotiations, the region was obligated, according to an agreement with the government in Baghdad, to hand over 250 thousand crude barrels per day of crude oil produced from its fields to the state-owned company SOMO, and hand over the revenues to the federal public treasury.

political decision

Meanwhile, a member of the Kurdistan Democratic Party, Iyad Kirkuki, confirmed to Shafak News Agency, "The Federal Court's decision is a political decision aimed at pressuring the region to subject it to political decisions."

Kirkuki asked: "Where has the Federal Court been since 2014 until now?" Noting that "most of the decisions of the Federal Court regarding the region are political decisions."

Economic consequences

Observers of the political affairs saw that the implementation of the Federal Court's decision will have negative repercussions on the economic reality of the region on the one hand, and Erbil may also be subject to what is required by the quota policy on the other hand.

Amir Ali, a political observer, found that the implementation of the decision will have economic consequences for the people of Kurdistan, because the region has not yet recovered from the financial crisis caused by the drop in oil and the cutting of its dues by the federal government during the war on ISIS and the subsequent sanctions imposed by the al-Abadi government on Erbil, under the pretext of holding a popular referendum, and then what was caused by the Corona pandemic.

And Ali said, during his interview with Shafak News Agency, that "the citizen will be directly affected by this decision."

'political decision'

The Kurdish leader, Massoud Barzani, had confirmed that the decision of the Federal Supreme Court on the oil and gas of the Kurdistan Region is "purely political", in contravention of the Iraqi federal constitution and aimed at antagonizing the region and the federal system in Iraq.

While the President of the Kurdistan Region, Nechirvan Barzani, indicated that the decision of the Federal Court on the oil and gas law in the region is unconstitutional, and was based on a law dating back to the time of the previous regime, pointing out that "it is not enforceable on the ground.

While the Kurdistan Regional Government considered the recent Federal Court decision "unconstitutional" and "unacceptable", while the Kurdistan Parliament affirmed that the decision is a severe blow to the Iraqi federal system, the governance process in Iraq and the rights of citizenship.

 

For his part, the former undersecretary of the Ministry of Natural Resources in the Kurdistan Regional Government, Ali Blue, called for the imposition of "international trusteeship" on the region, warning of a law issued by the Federal Supreme Court that endangers Iraq as a country.

He said in his post, seen by Shafaq News Agency, that "the Federal Court's decision to cancel the Oil and Gas Law in the Kurdistan Region No. 22 in 2007 is a very dangerous threat to Iraq's future as a federal state and a direct threat to the Kurdistan Region."

He added that "the court has exceeded its powers by demolishing the foundations of building the federal state and bypassing the constitution without right."

Blue indicated that "the Kurdish people should read Al-Fatihah on federal Iraq and resort to international courts to recover their rights, and it is necessary to demand that Kurdistan be placed under international guardianship because Kurdistan is in danger."

https://shafaq.com/ar/تقارير-وتحليلات/حيا-خلاف-قديم-بين-بغداد-و-ربيل-ينذر-ب-زمة-سياسية-وتبعات-اقتصادية

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The Dawa Party on the region’s oil: The decisions of the Federal Court must be respected

Baghdad / Obelisk: The Islamic Dawa Party commented, Thursday, February 17, 2022, on the decision of the Federal Court regarding the unconstitutionality of the oil and gas law for the Kurdistan Region, while calling for respect for the decisions of the Federal Court.

The obelisk publishes the text of the statement:

In the name of God, the Most Gracious, the Most Merciful 
(And from among whom we have created is a nation who guides with truth and through it they do justice) Al-Aaraf-181. 

The Islamic Dawa Party stresses the equitable distribution of wealth among Iraqis, and equality between them in rights and duties under the constitution without regional or regional discrimination.

And he calls for respecting the judiciary and the decisions of the Federal Court in this regard, which should contribute to accelerating the legislation of the oil and gas law that has been stalled in the corridors of the House of Representatives for years.

We call on the Federal Court to complete its role in issuing a decision obligating the House of Representatives to expedite the legislation of the oil and gas law within a time limit that does not exceed the middle of this year, in order to preserve the rights of all Iraqis, especially the people of the oil-producing provinces in the south, the middle Euphrates, the north and the Kurdistan region, and the need to form the Supreme Commission We demand the allocation of a percentage of oil imports to be distributed to governorates that suffer from poverty and a low standard of decent living, and an increase in the proportion of governorate allocations to provide the best necessary services to Iraqis.  

Islamic Dawa Party
 Political Bureau 
February 17 2022
Rajab 15 1443

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The Federal Court moves away from political rulings and returns to applying the law

Posted 38 seconds ago
news source /news
 
news source / news
After the interpretations far from the law of the rulings of the Federal Court before the amendment, which was headed by Judge Medhat Al Mahmoud, the rulings of the Federal Court came after the amendment of the Federal Court Law in 2021 and the formation of the new court in line with the law and away from the rulings that smelled of politics from afar, after the court ruling Federal By excluding Mr. Hoshyar Zebari, which we discussed in a previous article, the Federal Supreme Court issued, on Tuesday, a ruling declaring the unconstitutionality of the Oil and Gas Law of the Kurdistan Regional Government, issued in 2007, and its abolition for violating the provisions of constitutional articles, as well as obligating the region to hand over oil production to the federal government. .
 
The ruling also included obligating the regional government to hand over “the entirety of oil production from the oil fields in the region and other areas, from which the Ministry of Natural Resources in the Kurdistan Regional Government was extracting oil, and handing it over to the federal government represented by the Iraqi Ministry of Oil, and enabling it to use its constitutional powers regarding oil exploration and extraction.” and exported.”
 
The ruling, which was published on the court’s website, also included “obligating the Kurdistan Regional Government to enable the Iraqi Ministry of Oil and the Federal Financial Supervision Bureau to review all oil contracts concluded with the Kurdistan Regional Government regarding the export and sale of oil and gas.”
 
And in a violent reaction by the regional government, it issued a statement stressing the rejection of this ruling and considered it unfair and unconstitutional, and confirmed that it would take “all constitutional, legal and judicial measures to ensure and protect all contracts concluded in the field of oil and gas.” I do not understand what legal and constitutional measures that It faces the ruling of the Federal Court, and everyone knows that the Federal Court is the highest judicial authority and its rulings are final and not subject to any method of legal appeal. What is the fate of the contracts concluded by the region's governments with oil companies?
 
On the other hand, many Iraqi Arab politicians and even some Kurdish politicians from outside the Kurdistan Democratic Party welcomed the former Kurdish MP Alaa Talabani that the court’s ruling is “the best solution to most of the problems and differences that exist between Baghdad and the Kurdistan region over oil exports and imports.” .
 
As Iraqi citizens, what made us happy, the streak of hope is increasing little by little with the return of Iraq to the right track, and the Federal Court is the owner of the cup with this return, and we hope that the upcoming court rulings will address all abuses of the constitution and laws by politicians, restore the prestige of the state, and purify the process Political impurities
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DV,  Excellent articles in regards to Oil & Gas Law decision made by Supreme Judges.  The Barzani's are extremely pissed off because they know their wealth will decrease BIG TIME.  I pray their arses are forced to give up controlling the oil in the KRG Region.  Come on Baghdad Federal Government please take full control of all the OIL infrastructure and distribute the wealth amongst all IRAQI citizens.   GO RV RI

 

👍👍🙏🙏

 

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The dude in the above pic/Blue Tie/Dark Beard/Wuzzup with the Egg Shaped Head ? ... AND HE Ain’t got no EARS !!! What I been saying for years ? 

 

MUTANT SCREW HEADS ... I rest my case.

 

Okay, all Monkey business aside ... There’s a ton of great juicy articles coming out now-hoping & praying these knuckleheads are gonna push this over the goal line & score the winning TD for Iraq & US B-4 the end of this 1st Quarter - - -

( PLEASE PLEASE PLEASE PLEASE PLEASE 

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 2022-02-18 04:55
 

 

Shafaq News/ Kurdish deputies in the Iraqi parliament in its previous session considered, on Friday, the Federal Court's decision to veto the oil and gas law in the Kurdistan Region, as a political declaration at a "crisis" time, targeting the Kurdish component.

The former representative of the Patriotic Union of Kurdistan in Kirkuk, Jamal Muhammad Shakour, told Shafaq News Agency, "The crisis of the Federal Court's decision and its challenge to the Oil and Gas Law in Kurdistan, which has been in force since 2007, represents a constitutional defect despite its legality, but the time of its (political) announcement is borne by all of the federal government and the territorial government.

At the same time, Shakur asked, "Why did the Federal Court not overrule the oil and gas law in Kurdistan over the past 14 years, which puts the decision in the category of targeting and political pressure against the Kurdistan government?"

He continued: "The court's decision targeted the regional government, which is the property of the entire Kurdish people, and the rights of the Kurdish component that established its government with sacrifices and blood of martyrs, persecution and deprivation for dozens of years over successive governments must be observed."

Shakur said, "Going to a political majority government oversteps the rights of components and spectra whose rights the constitution has approved and the national pluralism in the country, and it is not possible to accept any government that marginalizes a component or sect, so it must be dealt with according to the demographic structure and the interests of all."

The Kurdish representative urged the Baghdad and Kurdistan governments to "find solutions and understandings that guarantee the Kurdish people their constitutional and national rights and keep political disputes away from the interests of a major entity on the map of Iraq," referring to the Kurdish component.

For his part, the former representative of the Kurdistan Democratic Party, Bashar al-Kiki, said that the esteemed Federal Court preferred the value of oil over the rights and gains of the people of Kurdistan Region, and imposed on them non-reciprocal obligations with the federal government.

Al-Kiki added, in his speech to Shafaq News Agency, that "the court linked the fate of the region's budget to the already volatile general mood in the House of Representatives, and even made the implementation of the region's obligations precede the securing and disbursement of the region's budget, and thus failed to address the accumulations of anxiety prevailing between the two parties."

On Tuesday (February 15, 2022) the Federal Court issued a decision that the oil and gas law of the Kurdistan Regional Government was unconstitutional, with its obligation to hand over all oil production from oil fields in the region and other areas from which the Kurdistan Ministry of Natural Resources extracted oil and handed it over to the federal government represented by the Federal Ministry of Oil And enabling it to use its constitutional powers regarding oil exploration, extraction and export.

The President of Kurdistan Region, Nechirvan Barzani, described the decision as "unconstitutional" and was based on a law of the time of the former regime, and stressed the regional government that "such an unconstitutional decision cannot be accepted."

The Kurdistan Regional Government considered the decision of the Federal Court on the oil and gas law in the region, on Tuesday, as "unconstitutional", stressing that it cannot be accepted.

And the Kurdistan Region began to sell its oil in isolation from the federal government, after a stifling financial crisis as a result of the collapse of oil prices during the ISIS invasion of areas in Iraq, in addition to the disputes with Baghdad that prompted the latter to stop paying the salaries of the region’s employees.

Baghdad says its national oil company, SOMO, is the only one authorized to sell Iraqi crude oil, but each side claims the constitution is on its side. Since the Iraqi oil and gas law remained imprisoned in the drafting stage due to differences, there was room for maneuver.

The oil file is one of the most prominent outstanding issues between Baghdad and Erbil.

Baghdad used to pay 453 billion Iraqi dinars per month (about $380 million) as salaries to the employees of the Kurdistan Region, but it stopped them after the region conducted the independence referendum on its part, and because of what Baghdad said that the region was not committed to handing over its oil in accordance with the terms of the federal budget.

After several rounds of political negotiations, the region was obligated, according to an agreement with the government in Baghdad, to hand over 250 thousand crude barrels per day of crude oil produced from its fields to the state-owned company SOMO, and hand over the revenues to the federal public treasury.

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Frame: The federal decision will prevent the waste of 25-50 billion dollars by the region

Last update 02/18/2022 | 4:28 pm
 

Information/ Baghdad

The leader in the coordination framework, Turki Jadaan, confirmed, on Friday, that the Federal Court's decision will prevent the waste of 25-50 billion dollars by the Kurdistan region.

Jadaan said in an interview with "Information", "The Federal Court's decision about the unconstitutionality of the oil and gas law in the Kurdistan region is accurate and legal and came at an important moment in the history of Iraq because it stopped a financial waste ranging from 25-50 billion dollars by the region."

Jadaan added, “The wealth in all countries of the world, even those that include federations, is a federal file managed by unified institutions and is conducted according to a comprehensive plan, stressing the need to open an investigation into all oil sales revenues for the past years by the region and an indication of where it was spent.”

He pointed out that "the decision of the Federal Court is supported by all components, without exception, because it limits the file of wealth management to the federal government and prevents any political actions towards it."

The Federal Court had announced a few days ago that the oil and gas law in the Kurdistan region was unconstitutional

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Change: The federal decision is binding on the application, and all the region’s oil money goes into the pockets of the corrupt

Last update 02/18/2022 | 3:40 am

Information/Baghdad.

A member of the Kurdish Change Movement, Farman Hassan, confirmed, on Friday, that the decision of the Federal Supreme Court regarding Kurdistan’s oil is binding on implementation by the federal government, indicating that oil and gas imports in the region go to the pockets of the ruling parties and officials of Kurdistan.

Hassan said in a televised interview followed by / the information / that "the House of Representatives did not work to issue the oil and gas law during the past years, and that the imports of oil and gas in the region go to the pockets of the ruling parties and officials of Kurdistan."

He added, "There is no number about the quantities of oil exported by the Kurdistan Regional Government, and the failure of the oil policy in Kurdistan, because oil is good for officials and not for the citizens of the region."

Hassan continued, "The outstanding problems between Baghdad and Erbil did not end until after the law and the constitution were relied upon, and that the decision of the Federal Court is binding on implementation, and the federal government must solve the problems by peaceful means." Ended 25

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Legal: The Federal Court’s Decision Obligated The Region To Hand Over Oil Imports “Retroactively”

Author: Ahad8 On February 17 2022 - 5:59 PM 102
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https://alahadnews.net/2022/02/17/قانوني-قرار-المحكمة-الاتحادية-اوجب-ال/

Al-Ahed News_Special

Today, Thursday, Legal Expert Ali Al-Tamimi Clarified The Decision Of The Federal Court To Cancel The Oil And Gas Law In The Kurdistan Region, While Noting That The Decision Of The Federal Court Obliged The Region To Hand Over Oil Imports Retroactively.

Al-Tamimi Said In An Interview With “Al-Ahd News” That “The Decision Makes The Oil And Gas Law In The Region Null And Void For Violating The Constitutional Provisions In Accordance With Articles 110, 111, 112, 115, 122 And 130 Of The Constitution,” Noting That “The Law Obligated The Regional Government To Hand Over Oil Imports Retroactively From The Date Of The Conclusion Of The Agreement.” Contracts And Allowing The Ministry Of Oil And The Office Of Financial Supervision To View These Contracts, And In The Case Of Volumes, These Funds Will Be Deducted From The 17% Allocated To The Region.

Al-Tamimi Added: “The Federal Court Relied On Article 111 Of The Constitution That Oil And Gas Belong To The Iraqi People, And Therefore The Management Of Oil And Gas From Foreign Trade Is Within The Jurisdiction Of The Central Iraqi Government In Accordance With Article 110 Of The Constitution,” Noting That “The Concept Of Current Fields Contained In Article 112 Means The Productive, Explored And Developed Fields Are According To The Most Acceptable Interpretation, And Not Only The Productive Ones, As The Kurdistan Region Sees.

Al-Tamimi Added That “Iraq Is A Federal Country, Not A Confederation, And SOMO Has Exclusive Jurisdiction In Exporting Oil,” Explaining That “The Decision Of The Federal Court Is Binding And Has Become, And It Is Not Possible, As Some Say, To Go To International Courts, As This Decision Is Exclusively Related To The Sovereignty Of The State.”

 
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Federal Court law allows deduction of funds from the budget allocated to the region

 

Baghdad / Obelisk: Muhammad Al-Saidi

The decision of the Federal Court regarding the abolition of the oil and gas law in Kurdistan put a solution in the event the regional government refrains from cooperating, as the decision indicated in its conclusion to deduct the funds allocated to the region from the federal budget annually.

Falah Al Mishaal wrote:

The Federal Court’s decision to stop the work of the Oil and Gas Law in Kurdistan for the year 2007, demanding the return of the money to the central treasury from the date of the start of export, why did it not hold the successive central governments in Baghdad responsible for silence and approval of the law by the Kurdistan government

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The finance of the region reveals the reason for the delay in the payment of salaries to employees in Kurdistan

Posted 3 minutes ago
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Baghdad today - Erbil

A member of the Finance Committee in the Kurdistan Regional Parliament, Saad Eddin Muhammad, revealed today, Friday, the main reason behind the delay in the payment of employee salaries to several ministries and institutions in the region.

Muhammad in Tareeh told (Baghdad Today), "The Federal Ministry of Finance has not yet sent the monthly payment of 200 billion dinars, which is allocated to the salaries of employees in the region."

And he indicated that "therefore, there are ministries such as municipalities, endowments and others whose salaries were delayed for the month of January."

 He continued, "We fear that there is a policy to delay sending money for special reasons, as happened with the Federal Court's decision

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Kurdistan elite: The federal decision regarding the region's oil is national and ends the corruption of the ruling family

Information/Baghdad.

On Friday, an elite of Kurdistan intellectuals issued a statement regarding the Federal Court's decision to stop the export of Kurdistan's oil, describing the decision as patriotic and the beginning of the end of the corruption of the ruling family.

A statement issued by the elite, which received / the information / a copy of, stated that we are “an elite of Kurdish citizens from inside and outside the country, including civil society activists, writers, intellectuals and politicians. Honorable through him for the unconstitutionality of the Kurdish oil and gas law, the law according to which political families monopolize all basic resources that are essentially a national wealth for all the people without exception.”

The statement made several observations, as follows:

 

No: It is noted that the overwhelming majority of the Kurdish people in the Kurdistan region warmly welcome this decision, accompanied by a package of reservations, which often seem to be very serious concerns! The aforementioned majority wished that this decision would be a national strategic decision that stems from a sense of patriotism and a sense of responsibility, based on an extensive study that preceded the process of issuing the decision, as it is looking forward at the same time that the decision will not be a retaliatory decision issued and imposed by a party on It was written down by the parties in order to force him to agree and enter into a political equation, whether this pressure party is internal or external, while it emphasizes that the most important of all is to employ broad public support to consolidate the decision and implement it to the full so that the next government can extract the oil and gas file from the hands of the militias. The ruling families in the Kurdistan region of Iraq once and for all.

 

Second: The decision was supposed to be issued ten or more years ago; But it came late because of concessions made by the Iraqi forces and parties to the families who had acquired oil wells and fields in the region in order to preserve common interests. As a result of this policy of courtesy and politeness, today a large part of the Kurdistan region is treated on the political, military, economic and security levels as if it were a Turkish colony! Therefore, it became necessary to support the decision popularly and governmentally and speed up its implementation on the ground.

 

Third: For years from now, under the Kurdish kleptocratic system, a systematic process has been taking place aimed at starving and humiliating the people. Therefore, the central government and the Federal Supreme Court must avoid targeting the Kurdish people based on this decision, and any other decision issued by them on any issue. Of the political, economic and military issues, which are unresolved and unresolved; Avoid exacerbating and deepening crises. While the central government must also act responsibly and wisely, as it has a duty to respond to the demands of the people in the Kurdistan region, not to acquiesce and identify with political families and their interests!

 

Fourth: Since we ask everyone from the current and upcoming government to be serious and expedite the implementation of the details and provisions of this decision in order to be of help to the people in their march towards salvation from poverty and organized and systematic starvation! So that the dignity and service of the citizen is the center of attention of the executive authority from Basra and Ramadi to Halabja and Zakho. As we hold the central government to guarantee the region's budget, with its details, from salaries, to allocating the specified amounts for the development of the regions, in addition to the operating budget.

 

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On 2/17/2022 at 11:58 AM, Half Crazy Runner said:

This is the second article I’ve seen today that used the terminology “immediate”

Good sign! 


It would appear with the addition of newly elected blood, the term “ immediate “ might just have made it into the everyday understanding .  .  . I still maintain however they have no word for “ Fluffy “

 

 

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