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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 Federal Court begins the hearing of the case, the export of oil in the region outside the approval of Baghdad
  
{Political: Al Furat News} The Federal Supreme Court started a hearing on the {59 Federal} case regarding the export of oil in the Kurdistan region outside the approval of the federal government.

It is noteworthy that the case was filed by the federal government against the region about 10 years ago, but it was postponed for several times.

The Federal Supreme Court assigned a technical expert to submit a report on questions regarding the challenge to the unconstitutionality of the Kurdistan Region extracting oil from its lands and selling it directly.

The regional government has concluded contracts with major international oil companies - including ExxonMobil, Rosneft and Genel - to develop its oil fields, which pump between 300,000 and 500,000 barrels per day. 

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The Federal Court issues a ruling that the oil and gas law in the Kurdistan Regional Government is unconstitutional
  
{Political: Al Furat News} The Federal Supreme Court issued a ruling that the oil and gas law in the Kurdistan Regional Government is unconstitutional.

The court was held today and sat to decide the case {59 federal} regarding the export of oil in the Kurdistan region outside the approval of the federal government.

It is noteworthy that the case was filed by the federal government against the region about 10 years ago, but it was postponed for several times.

The Federal Supreme Court assigned a technical expert to submit a report on questions regarding the challenge to the unconstitutionality of the Kurdistan Region extracting oil from its lands and selling it directly.

The regional government concluded contracts with major international oil companies - including ExxonMobil, Rosneft and Genel - to develop its oil fields, which pump between three hundred thousand and five hundred thousand barrels per day, which Baghdad rejected and said that it was outside the jurisdiction of the region and filed a complaint with the Federal Court.

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The text of the Federal Court's decision on the unconstitutionality of the oil and gas law for the regional government and its abolition
  
 

The Federal Court issued its decision on Case 59/Federal/2012 and Unified 110/Federal/2019 on 15/2/2022, which includes the ruling on the unconstitutionality of the Oil and Gas Law of the Kurdistan Regional Government No. (22) of 2007 and its cancellation for violating the provisions of Articles (110, 111, 112, 115, 121 and 130) From the Constitution of the Republic of Iraq for the year 2005. And obligating the regional government to hand over all oil production from the oil fields in the Kurdistan region and other areas from which the Ministry of Natural Resources in the Kurdistan Regional Government 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 extract it and export it. The Ministry of Oil has the right to follow up on the invalidity of the oil contracts concluded by the Kurdistan Regional Government with foreign parties, countries and companies regarding oil exploration, extraction, export and sale.

To view the text of the court's decision, click here

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Legal expert: The Federal Court's decision made the region's share in the budget conditional
  
{Local: Al Furat News} A legal expert revealed that the Federal Court's decision regarding the Kurdistan region set a conditional share for him in the financial budget.

Ali Al-Tamimi told {Euphrates News} a copy of it that "the decision of the Federal Court today canceled the oil and gas law for the Kurdistan region, and that it is not enforceable and frozen and may not be applied."
And he stated, "The Federal Court obligated the region to pay all benefits to the federal government for the extraction and export of crude oil, as well as enabling it in the field of extraction and exploration."
Al-Tamimi added, "The Federal Court also threw the issue of following up on contracts concluded by the Ministry of Energy and Natural Resources in the region on the Ministry of Oil and the Office of Financial Supervision."
He pointed out that "the Federal Court linked the issue of compliance with the oil agreement in the region's share of the budget, which amounts to 17%," stressing that "this decision is very dangerous, especially since it was based on constitutional articles."
Today, Tuesday, the Federal Supreme Court issued its decision on the unconstitutionality of the Oil and Gas Law of the Kurdistan Regional Government No. 22 of 2007 and its cancellation for violating the provisions of Articles {110, 111, 112, 115, 121 and 130} of the Constitution of the Republic of Iraq for the year 2005. 
The court obligated the regional government to hand over all oil production from the fields oil in the Kurdistan region and other areas from which the Ministry of Natural Resources in the Kurdistan government has extracted oil and handed it over to the federal government represented by the Federal Ministry of Oil, enabling it to use its constitutional powers regarding oil exploration, extraction and export. 
The court confirmed that “the Ministry of Oil has the right to follow up on the invalidity of the oil contracts concluded by the Kurdistan Regional Government with external parties {states and companies} regarding oil exploration, extraction, export and sale.
It also obligated 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 for the purpose of auditing and determining the financial rights owed by the Kurdistan Regional Government as a result of it, and to determine the region’s share of the general budget and in the form Which guarantees the delivery of the rights of the citizens of the governorates of the Kurdistan region from the federal general budget and not to delay it and notify the federal government and the Federal Financial Supervision Bureau of that.”

Raghad Daham

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The Federal Government Decides that the Oil and Gas Law in the Kurdistan Region is Unconstitutional (Document)
 

  

Baghdad - people   

The Federal Court ruled, on Tuesday, that the oil and gas law in the Kurdistan Regional Government is unconstitutional.   

  

 

  

And the judiciary's media stated in a statement that "Nass" received a copy of it, (February 15, 2022), that "the Federal Court issues a ruling that the oil and gas law in the Kurdistan Regional Government is unconstitutional."   

  

He added that "the federal government obligated the region to enable the Ministry of Oil and the Federal Office of Financial Supervision to follow up on the conclusion of contracts for the sale of oil and gas in the region."   

  

The federal government also obligated "the regional government to hand over to the federal government, represented by the Federal Ministry of Oil."   

  

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A session of the Federal Court regarding the export of oil in the Kurdistan region without government approval
 

  

Baghdad - people  

On Tuesday, the Federal Supreme Court began a "deciding" session on the issue of the Kurdistan region's oil export without referring to the federal government.  

  

  

 

  

  

The court said in a statement that "Nass" received a copy of it (February 15, 2022), that "the Federal Supreme Court has started a hearing for the (59th) federal case regarding the export of oil in the Kurdistan region outside the approval of the federal government."  

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 2022-02-15 09:04
 

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

 

He said in his post, seen by Shafak News Agency, that "the Federal Court's decision today 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."

 

And the Federal Court issued a decision “the unconstitutionality of the oil and gas law of the Kurdistan Regional Government, with obligating the regional government to hand over all oil production from the oil fields in the Kurdistan Region and other areas from which the Ministry of Natural Resources in the Kurdistan Regional Government 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.

 

He added that the Ministry of Oil has the right to follow up on the invalidity of the oil contracts concluded by the Kurdistan Regional Government with foreign parties, countries and companies regarding oil exploration, extraction, export and sale, and to oblige 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 regional government regarding the export of oil and gas. And selling it for the purpose of auditing it and determining the financial rights owed by the Kurdistan Regional Government as a result of it, and determining the region’s share of the general budget in a manner that guarantees the delivery of the rights of the citizens of the governorates of the Kurdistan Region from the federal general budget and not delaying it and notifying the federal government and the Federal Financial Supervision Bureau of that.

 

The Kurdistan Region began selling 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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 Baghdad: Shaima Rashid
 
Yesterday, Tuesday, the Federal Supreme Court issued its decision regarding the lawsuit filed by the Ministry of Oil against the Kurdistan Regional Government, regarding the oil dues, according to which it obligated the region to pay all dues to the Center since the date of oil production in the region in the year 2004 to the date of filing the lawsuit in 2012.
An official in the Kurdistan Democratic Party promised that the decision was "unfair" to the region because there is no oil and gas law legislated by the central government, but stressed the region's "commitment" to this decision.
A member of the Kurdistan Democratic Party, Mahdi Karim, said in an interview with "Al-Sabah": "The court's decision is binding on all parties, including the region, and there will be no gap because of this decision," expressing his hope that the (oil and gas law) will be legislated by the parliament in the center. To avoid problems, this is what we will emphasize.”
He added, "The decision is a natural matter and we respect the decisions of the Federal Court, but there must be fairness first, given that the main (oil and gas law) in Baghdad has not been legislated until this moment, and this includes unfairness to the region and even to Baghdad because if the law was legislated, there would be no work. outside the constitution.
He added that "the region is bound by the decisions of the Federal Court by virtue of the agreement between the region and the center, and financial control exists and supervises all export matters, and this is clear evidence of the region's commitment to the decisions of the court."
In the meantime, the legal expert Haider Al-Sufi explained in an interview with “Al-Sabah” that “the Federal Court’s decision included obligating the regional government to pay the federal government the oil revenues from the date of 2004, that is, since the start of oil production until 2012, which is the date of the lawsuit, but after that, the decision was given to the government.” The right to demand another lawsuit for the dues from 2012 until now.”
Al-Sufi said: "The Federal Court ruled from the date of the region's oil production until the date of the lawsuit. As for what follows, it needs a new lawsuit, and the lawsuit that will be filed contains a fixed constitutional document that is the current court's decision, meaning that it does not need investigations and evidence."
And he stated that "the federal government must demand these dues, because the court's decision obligates it to do so, even if the issue is political, because the issue is also legal."
And he added, "If the region refuses to pay, other measures are taken against it, including cutting its share of the budget or cutting its entitlements," noting that "the delay in the lawsuit's decision was due to many issues, the first of which is that the representative of the regional government has not attended the court for nearly four years, and it cannot be The court was held without the presence of the parties to the case, and after their presence there were delays and delays.”
He continued, "The change of court members also led to the suspension of the case until the new court is held," stressing that "the government, in the event of a second lawsuit, will not be delayed because it will be based on the ruling issued (yesterday on Tuesday), meaning that during one or two sessions it wins the ruling." .
Yesterday, Tuesday, the Federal Court issued a ruling that the oil and gas law in the Kurdistan Regional Government is unconstitutional. The court also obligated the region to hand over oil to the federal government. The court’s decision also obligated the Federal Oil Ministry to follow up on all contracts of extraction, production and export that were unique to the region.
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POSTED ON2022-02-16 BY SOTALIRAQ

A terrorist listed militia praises the Federal Court's decision against the Kurdistan Oil and Gas Law

The leader of the Asa’ib Ahl al-Haq militia, Qais al-Khazali, who is on the international terrorism lists, praised, on Tuesday, the decision of the Federal Supreme Court in Iraq “the unconstitutionality of the oil and gas law in the Kurdistan Region,” describing it as the “most important decision” taken by the court since its establishment, claiming in a tweet to him. The decision is "in line" with the Iraqi constitution.

Al-Khazali is a militia known for his continuous lawlessness and violation of the law, accused of kidnappings and murders, and is on the lists of terrorism. Mustafa Al-Kazemi took revenge to follow his threat to bombard Al-Kazemi's house in the Green Zone with booby-trapped marches.

Khazali, who publicly declares his allegiance to a neighboring country to Iraq, concluded his tweet by saluting the court and its “men,” as he described them, for their decision.

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An oil expert clarifies the Federal Court's decision regarding the region and the validity of its contracts
  
{Economic: Al Furat News} An oil expert explained the decision of the Federal Supreme Court regarding the unconstitutionality of the oil and gas law of the Kurdistan Regional Government and its abolition.

Hamza Al-Jawahiri told {Euphrates News}: "All the consequences of the Federal Court's decision regarding the invalidation of the region's oil contracts are considered null and the latter must return to the federal government."
He added, "This decision is governed by the constitution, and there is no justification or pretext for not complying with this decision, even at the international level."
Al-Jawahiri stressed that "all the region's decisions in this regard are null," stressing that "there should be a settlement of any agreement with the Kurdistan region."
Today, the Federal Supreme Court issued its decision on the unconstitutionality of the Oil and Gas Law of the Kurdistan Regional Government No. 22 of 2007 and its abolition for violating the provisions of Articles {110, 111, 112, 115, 121 and 130} of the Constitution of the Republic of Iraq for the year 2005. 
The court obligated the regional government to hand over the entire production of oil from the oil fields in the Kurdistan region and other areas from which the Ministry of Natural Resources in the Kurdistan government extracted oil and hand it over to the federal government represented by the Federal Ministry of Oil and enable it to use its constitutional powers regarding oil exploration, extraction and export. 
The court confirmed that “the Ministry of Oil has the right to follow up on the invalidity of the oil contracts concluded by the Kurdistan Regional Government with external parties {states and companies} regarding oil exploration, extraction, export and sale.
It also obligated 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 for the purpose of auditing and determining the financial rights owed by the Kurdistan Regional Government as a result of it, and to determine the region’s share of the general budget and in the form Which guarantees the delivery of the rights of the citizens of the governorates of the Kurdistan region from the federal general budget and not to delay it and notify the federal government and the Federal Financial Supervision Bureau of that.”


Raghad Daham

 
 
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 2022-02-15 16:44
 

Shafaq News/ Kurdistan Parliament confirmed on Tuesday that the Federal Court's decision to cancel the oil and gas law in Kurdistan Region is a severe blow to the Iraqi federal system, the governance process in Iraq and the rights of citizenship.

A statement by Parliament confirmed that the Federal Court’s decision today regarding the powers of managing oil and natural resources violates the foundations of the federal system and the provisions of the paragraphs of the Iraqi constitution.

He added that the Kurdistan Parliament is the legislative authority of the region and is recognized in the permanent Iraqi constitution, which gave it the right to issue laws. Therefore, the issuance of Law 22 of 2007 is in accordance with the Iraqi constitution within the framework of the constitutional peculiarities of the Kurdistan Region.

The statement stressed that the decision of the Federal Court to cancel the unconstitutionality of that decision is contrary to the Iraqi constitution and a previous decision of the Federal Court itself for a number of reasons, including that the Iraqi constitution in Article 110 did not limit the management of natural resources, including oil, to the hands of the federal government, noting that Article 112, first paragraph From the constitution, it confirms that managing oil and gas is a common prerogative for the fields that were managed by the regional government before the permanent constitution was written in 2005.

The statement also indicated that the Federal Court's decision today contradicts its previous decision No. 8 of 2012, which confirms the partnership of the region and the oil-producing governorates in formulating the strategic policy for oil and natural resources.

The statement also noted that the Kurdistan Parliament established Law No. 22 of 2007, after despairing that the Iraqi Parliament had fulfilled its constitutional responsibilities in issuing the Federal Oil and Gas Law.

He renewed the Kurdistan Parliament's affirmation of commitment to the constitution and protecting the country's general interests away from individual interpretations and taking into account the Iraqi Federal Voluntary Union.

And earlier on Tuesday, the Federal Court issued a decision “unconstitutional for the oil and gas law of the Kurdistan Regional Government, with obligating the regional government to hand over all oil production from oil fields in the Kurdistan Region and other areas from which the Ministry of Natural Resources in the Kurdistan Regional Government extracted oil and handed it over to the government.” Federal, represented by the Federal Ministry of Oil, and enabling it to use its constitutional powers regarding oil exploration, extraction and export.

He added that the Ministry of Oil has the right to follow up on the invalidity of the oil contracts concluded by the Kurdistan Regional Government with foreign parties, countries and companies regarding oil exploration, extraction, export and sale, and to oblige 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 regional government regarding the export of oil and gas. And selling it for the purpose of auditing it and determining the financial rights owed by the Kurdistan Regional Government as a result of it, and determining the region’s share of the general budget in a manner that guarantees the delivery of the rights of the citizens of the governorates of the Kurdistan Region from the federal general budget and not delaying it and notifying the federal government and the Federal Financial Supervision Bureau of that.

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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Information / Baghdad...
The economic expert, Dr. Safwan Qusay, explained how to deal with the oil file in the Kurdistan region, pointing out that the companies operating there will continue their work, but all contracts will be subject to the approval of the center or not.
Qusay told Al-Maalouma, "Assigning the Financial Supervision Bureau to inventory funds that are outside the scope of transparency in the spending process could create a new window for us to retrieve these funds through the window of the Ministry of Finance or Oil, especially since SOMO has an account and funds can be deposited." received therein.”
He added that "the region is supposed to have acquiesced to the decision of the Federal Court, especially since public spending and employee salaries are all paid to the region within the budget, so there is a financial settlement within a joint account to find out what Kurdistan and what is on it."
And he indicated that “there is supposed to be a referral to the Ministry of Oil for any oil contract concluded previously, provided that the federal administration is concerned with ratifying these contracts, so that the region is not allowed to deal directly with international oil companies, as it is assumed that there will be high coordination and a representative will be placed The Ministry of Oil of the Region in the Federal Ministry of Oil in Baghdad in order to avoid conflicts.”
He pointed out that "the oil companies operating in the region will not stop their work, but all contracts with them must be with the knowledge of the center and be sealed by the Ministry of Oil in Baghdad, in addition to its scrutiny." finished 25

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Khazali on the abolition of the oil and gas law in Kurdistan: God bless the Federal Court

 

 

1,544 Policy 2022/02/15 20:29 ak Baghdad today -

Baghdad The Secretary-General of Asa'ib Ahl al-Haq movement, Sheikh Qais Khazali, commented today, Tuesday, regarding the abolition of the oil and gas law in Kurdistan . Al-Khazali said in a tweet to him received (Baghdad today) that "the decision of the Federal Court regarding the unconstitutionality of the oil and gas law of the Kurdistan Regional Government is the most important decision that has been taken since its establishment." "God bless the Federal Court and its men," he added.

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Al-Karbouli: Rejecting the decisions of the Federal Court is “a shovel for the demolition of the state.”
 

  

Baghdad - people  

On Wednesday, former parliament member Muhammad al-Karbouli considered that rejecting the decisions of the Federal Court is "a spur to demolish the state."  

  

  

  

Karbouli said in a blog post, followed by "Nass" (February 16, 2022), that "the decisions of the Federal Court are not subject to the mood and whims of the parties, and that respecting the judiciary is a condition of democracy that many parties like to sing about, and that rejecting its provisions is a spur to demolish the state." .  

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An oil expert reveals the positive of the Federal Court's decision that the oil and gas law in Kurdistan is unconstitutional

 

 

260 Economy 2022/02/16 15:22 Baghdad today -

Baghdad Today, Wednesday, the oil expert, Hamza Al-Jawahiri, revealed the positive decision of the Federal Court that the oil and gas law in Kurdistan is unconstitutional. Al-Jawahiri said in an interview that I followed (Baghdad Today), that "whoever buys the oil of the Kurdistan region now is Israel and Turkey at very low prices compared to the world price, as the whole world knows that this oil is illegal." He added, "The federal government, especially the Ministry of Oil, must inform all countries of the recent Federal Court decision, to prevent them from buying the region's oil," stressing that "the impact of this decision is positive for Iraq, meaning that the Iraqi government is the one who will sell oil directly through the Fishkhabur line and Turkey, This will be in the interest of the federal government and will contribute to raising the revenues of the Iraqi government, because the amount of oil exported by the region is large, amounting to 620 thousand barrels per day. He continued, "The decision of the Federal Court also includes gas, and all oil derivatives and other minerals."

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The new generation: We will not support an ambiguous oil policy in the region against the decision of the Federal Court
  
{Politics: Al Furat News} The head of the New Generation Movement, Sashwar Abdul Wahed, announced that he will not support the oil policy in the Kurdistan region against the decision of the Federal Court.
 

Abdul Wahed said, in a tweet on {Twitter}: "We cannot support the oil policy in the region against the decision of the Federal Court, because we have no knowledge or information available to us regarding the region's oil contracts and their revenues."
Today, Tuesday, the Federal Supreme Court issued its decision on the unconstitutionality of the Oil and Gas Law of the Kurdistan Regional Government No. 22 of 2007 and its cancellation for violating the provisions of Articles {110, 111, 112, 115, 121 and 130} of the Constitution of the Republic of Iraq for the year 2005. 
The court obligated the regional government to hand over all oil production from the fields oil in the Kurdistan region and other areas from which the Ministry of Natural Resources in the Kurdistan government has extracted oil and handed it over to the federal government represented by the Federal Ministry of Oil, enabling it to use its constitutional powers regarding oil exploration, extraction and export. 
The court confirmed that “the Ministry of Oil has the right to follow up on the invalidity of the oil contracts concluded by the Kurdistan Regional Government with external parties {states and companies} regarding oil exploration, extraction, export and sale.
It also obligated “the Kurdistan Regional Government to enable the Iraqi Ministry of Oil and the Federal Financial Supervision Bureau to review all concluded oil contracts .” With the Kurdistan Regional Government regarding the export and sale of oil and gas for the purpose of auditing it and determining the financial rights owed by the Kurdistan Regional Government as a result of it, and determining the region’s share of the general budget in a manner that guarantees the delivery of the rights of the citizens of the Kurdistan Region’s governorates from the federal general budget and not delaying it, and notifying the federal government and the Office of Financial Supervision federation to do so.

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Iraq's President called for an "urgent" dialogue between Kurdish and Iraqi authorities regarding the oil and gas law

  •  2022-02-17 03:50
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    Shafaq News/ The Iraqi President, Barham Salih, called the Iraqi and Kurdish parties to launch a "serious and urgent" dialogue to discuss the ruling issued by the Federal Supreme Court on the oil and gas law.

    In a statement, Saleh stressed the need to launch a dialogue between the Iraqi and the Kurdish governments to "secure the constitutional entitlements of Kurdistan and all Iraqis."

    He added, "The political forces' long-time reluctance in developing the oil and gas law contributed to creating problems and crises and brought us to this critical moment." The Iraqi President added.

    Iraq's federal court on Tuesday deemed an oil and gas law regulating the oil industry in Iraqi Kurdistan unconstitutional, according to a document seen by Shafaq News Agency.

    Tuesday's court decision stated that the KRG must hand over all crude from the Kurdistan Region and neighboring areas to the Federal Government, represented by the oil ministry in Baghdad.

    The ruling declared KRG oil contracts with oil companies, foreign parties, and states invalid. According to the document, this includes exploration, extraction, export, and sale agreements. 

    The ruling also stated that the oil ministry must audit all agreements concluded by the KRG with oil and gas companies.

    The Kurdish Regional Government (KRG) has been developing oil and gas resources independently of the Federal Government, and in 2007 enacted its own law that established the directives by which the Region would administer these resources.

    KRG crude is exported through a pipeline that runs from Kirkuk to the Turkish port of Ceyhan.

    For his part, the Kurdish President, Nechirvan Barzani, considered this ruling "will further exacerbate the disputes between the Iraqi Federal Government and the Kurdistan Regional Government on the issues of oil and gas, for the resolution of which efforts have been made during the past years, and in several areas, progress has been achieved."

    "We believe that the Federal Supreme Court should instead rule that Iraq's Federal Government and the Kurdistan Regional Government solve the disputes and the issues of oil and gas according to the constitution and the best interests of all the people of Iraq." He stressed.

    "We urge and look forward to the Federal Supreme Court of Iraq to review this ruling and consider the principles of the constitution and the federal system so that the constitutional and lawful rights of the Kurdistan Region are not violated, avoiding further escalation of the political tensions which would harm Iraq's interests in general," Barzani concluded.

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 Baghdad: Omar Abdul Latif
 
Parliamentarians believed that the Federal Court’s decision to prevent the Kurdistan Region from selling oil to countries and handing over this file to the central government would deepen the political blockage between the blocs, and while observers expected a breakthrough in the political process during the next few days, others suggested the path of talks to form the new government and the entry of alliances would be disrupted. about it in a state of fragmentation.
Member of Parliament Jassem Al-Alawi told Al-Sabah that "the decision of the Federal Court regarding the sale of the Kurdistan region was appropriate and to preserve Iraq's wealth," adding that "this decision can be rejected by those affected by it and affect the stability of the political process; however, it should have been necessary." It has been taken for a long time in order not to be considered as targeting one party at the expense of another, as it happened at the present time.”
The deputy called for "the necessity of leaving courtesies and presenting the country's supreme interest over all other interests, and everyone must accept this decision or any other decision issued in the future, which gives confidence to the government in managing all files completely, the most important of which is the oil file on which the country's economy depends entirely."
He pointed out that "there is a project to correct the political process during the next stage, after the failure of the strategy of forming a majority government in which no development occurred despite the passage of four months since the elections," explaining that "the selection of the president of the republic must be by consensus between the two Kurdish blocs, as well as an agreement." He fully approved the nomination of the next prime minister in order to achieve stability in the country and open the blockage in the political process. 
For his part, Member of Parliament, spokesman for the "Babylon" bloc, Dr. Duraid Jamil told "Al-Sabah": "There are signs of a political breakthrough in the coming days." However, negotiations and the political process are going on.”
He added that "the court's decisions in recent times have been decisive, regardless of who benefits from them or not," noting that "these decisions were previously kept on the shelves of the court, and their role was important in resolving them and silencing all interpretations that existed."
As for the researcher in political affairs, Hikmat Suleiman, he explained in an interview with "Al-Sabah", that "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 "the delay will affect the formation of the government more than available 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," expecting 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." He moved away from their axes," and explained that "there is no chance now for a majority government."
 
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The Iraqi president calls for a serious dialogue between Baghdad and Erbil over the Kurdistan region's oil

The Kurdistan Regional Government rejected the Federal Court's order to hand over all the oil produced in the region to the central government, and enable it to review all concluded oil contracts, and considered the court's decision unfair and unconstitutional.

Iraq's President Barham Salih delivers a televised speech to people in Baghdad, Iraq October 31, 2019. The Presidency of the Republic of Iraq Office/Handout via REUTERS ATTENTION EDITORS - THIS IMAGE WAS PROVIDED BY A THIRD PARTY.
Saleh called for amending texts in the constitution that proved inapplicability (Reuters)
17/2/2022
 

Today, Thursday, Iraqi President Barham Salih called for the launch of a serious and urgent dialogue to find work mechanisms that guarantee the decision of the Federal Supreme Court regarding the unconstitutionality of the oil and gas law in the Kurdistan region, and to adopt it in accordance with the constitutional rights and aspirations of citizens.

In a statement, Saleh also called on the Iraqi parliament to act immediately to discuss and approve the oil and gas bill without compromise, stressing the need to respect judicial decisions, launch a serious and urgent dialogue between the federal government and the Kurdistan region, and legislate the oil and gas law and constitutional requirements whose delay contributed to creating crises that pushed Iraqis its price.

 

He stressed that the completion of constitutional requirements that have been postponed for years constitutes, along with the oil and gas law, an integrated legal cover that preserves the rights of Iraqis and regulates the relationship between the federal government, the regional government and the irregular provincial governments, because their absence contributed to creating an abnormal atmosphere for the management of oil wealth in Iraq.

 

Saleh believed that the constitution guarantees citizens' living rights and not accept that their livelihoods be plunged into political disputes and turn them into victims.

He called for amending the constitution in texts that proved inapplicable or responsible for deep crises, and supplementing and amending the texts regulating the work and formation of the legislative and executive authorities to make them a protector and servant of the people and an expression of their free will and independent national decision.

 

Saleh also called for respecting the constitutional entitlements in Iraq, completing the formation of a new government that meets the aspirations of Iraqis and ending political debates, especially as the country faces challenges and national entitlements that cannot be postponed.

3369.jpeg?w=770&resize=770%2C513The Federal Court obligated the Kurdistan Region to hand over all the oil produced on its lands to the central government (Iraqi News Agency)

Territory Reject

And the Kurdistan government announced its rejection of the order of the Federal Supreme Court (the highest judicial authority in the country) obligating it to hand over all the oil produced on the territory of the region to the central government. The court had held that a law adopted in Kurdistan in 2007 to regulate the oil and gas sector was contrary to the constitution.

The ruling also included obligating the region to enable the Iraqi Ministry of Oil and the Federal Financial Supervision Bureau to review all oil contracts concluded with the region regarding the export and sale of oil and gas.

And the Kurdistan government considered - in a statement published last Tuesday night - that the court's decision is "unfair and unconstitutional", stressing that it will take all constitutional, legal and judicial measures to ensure and protect all contracts concluded in the field of oil and gas.

The statement indicated that the Supreme Court's decision was issued, "despite the fact that the Kurdistan Regional Government had demanded the postponement of this case and give an opportunity to agree with the next federal government."

The decision of the Federal Supreme Court follows a complaint submitted twice by the central government, in 2012 and 2019.

Iraq's exports (the second largest oil exporter in OPEC) amount to about 3.5 million barrels per day, and its financial imports represent 90% of the country's budget.

The Kurdistan region had pledged to hand over 250 thousand barrels of its daily production - which exceeds 500 thousand barrels - to the central government through the Ministry of Oil, in return for receiving 12.6% of Iraq's total budget.

American entry

In a related context, the US ambassador to Iraq, Matthew Tueller, said yesterday, Wednesday, that Washington encourages the Baghdad and Erbil governments to resolve their outstanding differences for many years.

This came during a meeting between Tueller in Erbil and the leader of the Kurdistan Democratic Party (the largest party in the region) Masoud Barzani.

Tueller made it clear that his country cares carefully about Iraqi political changes and developments, and encourages all parties, the Kurdistan region and the federal government to reach understanding and coordination to address differences.

He stressed that "the United States is committed to the security, stability and development of Iraq and the Kurdistan region."

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Academic: The Federal Court's decision regarding the region has become and its implementation needs a new oil law
  
{Politics: Al Furat News} The academic, Ghaleb Al-Daami, said that the Federal Supreme Court's decision of the unconstitutionality of the oil and gas law of the Kurdistan Regional Government has become conclusive.
 

Al-Daami said; For the program {Al-Mastra} broadcast by Al-Furat satellite channel tonight, that: "There are clear paragraphs in the constitution that say that the oil fields after 2003 will be a partnership between the center and the region, and the decision of the Federal Court will open the door for dialogue between Baghdad and Erbil."
He added, "It is assumed that the oil and gas law will come out with the agreement of the region and the center and be legislated in the House of Representatives, and the decision of the Federal Court has become and there is no discussion in it; but the implementation mechanisms are not considered nullified unless a new law is issued by the House of Representatives."
And Al-Daami said, "Next there should be negotiations to reach solutions that convince all parties without compromising the rights of any party," and the necessity of exporting the Federal Oil and Gas Law, which has been suspended for years.
Today, Tuesday, the Federal Supreme Court issued its decision on the unconstitutionality of the Oil and Gas Law of the Kurdistan Regional Government No. 22 of 2007 and its cancellation for violating the provisions of Articles {110, 111, 112, 115, 121 and 130} of the Constitution of the Republic of Iraq for the year 2005. 
The court obligated the regional government to hand over all oil production from the fields oil in the Kurdistan region and other areas from which the Ministry of Natural Resources in the Kurdistan government has extracted oil and handed it over to the federal government represented by the Federal Ministry of Oil, enabling it to use its constitutional powers regarding oil exploration, extraction and export. 
The court confirmed that “the Ministry of Oil has the right to follow up on the invalidity of the oil contracts concluded by the Kurdistan Regional Government with external parties {states and companies} regarding oil exploration, extraction, export and sale.
It also obligated 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 for the purpose of auditing and determining the financial rights owed by the Kurdistan Regional Government as a result of it, and to determine the region’s share of the general budget and in the form Which guarantees the delivery of the rights of the citizens of the governorates of the Kurdistan region from the federal general budget and not to delay it and notify the federal government and the Federal Office of Financial Supervision of
that.All political forces and parties, including the Kurdish parties, welcomed the decision of the Federal Court and described it as "bold and brave", with the exception of the Kurdistan Democratic Party, which he described as "politicised." In the words of the head of the party, Massoud Barzani, who attacked the decision of the Federal Supreme Court of the unconstitutionality of the oil and gas law of the Kurdistan Regional Government and its abolition.
Barzani said in a statement, that the decision of the Federal Supreme Court on the oil and gas of the Kurdistan Region is a purely political decision, contrary to the Iraqi federal constitution, and its aim is to antagonize the Kurdistan Region and the federal system in Iraq.

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Member of the Democrat: Legislation of the oil and gas law is the only way out after the decision of the Federal Court
  
{Politics: Al-Furat News} A member of the Kurdistan Democratic Party, Ali Al-Faili, called for the discrediting of the oil and gas law in the House of Representatives after the recent Federal Court decision regarding Kurdistan region oil.
 

Faily said; For the program {Al-Samtra} broadcast by Al-Furat satellite channel on Wednesday evening, that: "The Federal Court was the refuge for the Iraqis, and we do not believe that its recent decision regarding the region's oil is not a "coincidence", and it was not successful with this decision because it is not applicable."
He added, "Everything rumors about the Kurdistan region and its financial share are inaccurate, and the region fills the budget shortfall from oil sales and non-oil revenues, and the region's budget includes employee salaries."
Al-Faili pointed out, "The only solution is for the federal government to enter into serious negotiations with the region to find a way out for this decision. Legislation of the oil and gas law is the only way out."
He described the escalation in this regard as "incorrect and the crisis between the region and the center inflamed into unimaginable consequences," revealing "the Kurdish vision that is awaiting the reaction of the federal government to resolve the current impasse." 
Al-Faili stressed, "the need for wise people to intervene and move to bridge this new gap, and we call on everyone to calm down and come to the dialogue table."
Today, Tuesday, the Federal Supreme Court issued its decision on the unconstitutionality of the Oil and Gas Law of the Kurdistan Regional Government No. 22 of 2007 and its cancellation for violating the provisions of Articles {110, 111, 112, 115, 121 and 130} of the Constitution of the Republic of Iraq for the year 2005. 
The court obligated the regional government to hand over all oil production from the fields oil in the Kurdistan region and other areas from which the Ministry of Natural Resources in the Kurdistan government has extracted oil and handed it over to the federal government represented by the Federal Ministry of Oil, enabling it to use its constitutional powers regarding oil exploration, extraction and export. 
The court confirmed that “the Ministry of Oil has the right to follow up on the invalidity of the oil contracts concluded by the Kurdistan Regional Government with external parties {states and companies} regarding oil exploration, extraction, export and sale.
It also obligated “the Kurdistan Regional Government to enable the Iraqi Ministry of Oil and the Federal Financial Supervision Bureau to review all concluded oil contracts .” With the Kurdistan Regional Government regarding the export and sale of oil and gas for the purpose of auditing and determining the financial rights owed by the Kurdistan Regional Government as a result of it, and determining the region’s share of the general budget in a manner that guarantees the delivery of the rights of the citizens of the Kurdistan Region’s governorates from the federal general budget and not delaying it, and notifying the federal government and the Office of Financial Supervision Federal so.
All political forces and parties, including the Kurdish parties, welcomed the decision of the Federal Court and described it as "bold and courageous", with the exception of the Kurdistan Democratic Party, which he described as "politicised" by the head of the party, Massoud Barzani, who attacked the Federal Supreme Court's decision that the oil and gas law of the Kurdistan Regional Government was unconstitutional and cancel it.
Barzani said in a statement, that the decision of the Federal Supreme Court on the oil and gas of the Kurdistan Region is a purely political decision, contrary to the Iraqi federal constitution, and its aim is to antagonize the Kurdistan Region and the federal system in Iraq.

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Rights: The accusations of the region to the Federal Court are serious and the need to legislate the oil and gas law
  
{Politics: Al Furat News} A spokesman for the rights movement, Ali Fadlallah, described the Kurdistan Region's accusations of the Federal Court as "dangerous."
 

Fadlallah said; For the program “Al-Mastra” broadcast by Al-Furat satellite channel on Wednesday evening, that: “There is dangerous talk by the region’s officials about the Federal Court. The decision that you ratified regarding the elections was welcomed by all the framework forces, as well as the decision on the constitutionality of the first session of the House of Representatives, and now when a decision comes towards Hoshyar Zebari And the oil in the region, its decisions become politicized!” 
He added, "The timings are not the responsibility of the political class, and specifically they are within the jurisdiction of the Federal Court exclusively, and the judiciary deals with evidence and at the time it deems appropriate, and the decision is constitutional." 
Fadlallah went on to say, "The Ministry of Oil submitted a complaint to the American courts in 2014, and ruled that the region's sale of Iraqi oil was unconstitutional because it was not an international figure." 
He stressed, "The vote of all political forces, including the Kurds, on the provisions of the constitution and the decisions of the Federal Court are final, binding and not subject to appeal, and all agreements of the region contracting with oil companies are illegal." 
Fadlallah noted, "All natural resources, including oil, belong to the Iraqi people. Therefore, when the Federal Court's decision was issued, it was welcomed by all political parties and forces, including the Kurds, except for the Kurdistan Democratic Party."
The Democrat called for "respect for judicial decisions, and he was first to welcome the decision and hope that the federal government will legislate the oil and gas law. Those who stand in the way of the law are the regional government and the people of Kurdistan are part of the people of Iraq."
Today, Tuesday, the Federal Supreme Court issued its decision on the unconstitutionality of the Oil and Gas Law of the Kurdistan Regional Government No. 22 of 2007 and its cancellation for violating the provisions of Articles {110, 111, 112, 115, 121 and 130} of the Constitution of the Republic of Iraq for the year 2005. 
The court obligated the regional government to hand over all oil production from the fields oil in the Kurdistan region and other areas from which the Ministry of Natural Resources in the Kurdistan government has extracted oil and handed it over to the federal government represented by the Federal Ministry of Oil, enabling it to use its constitutional powers regarding oil exploration, extraction and export. 
The court confirmed that “the Ministry of Oil has the right to follow up on the invalidity of the oil contracts concluded by the Kurdistan Regional Government with external parties {states and companies} regarding oil exploration, extraction, export and sale.
It also obligated 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 for the purpose of auditing and determining the financial rights owed by the Kurdistan Regional Government as a result of it, and to determine the region’s share of the general budget and in the form Which guarantees the delivery of the rights of the citizens of the governorates of the Kurdistan region from the federal general budget and not to delay it and notify the federal government and the Federal Office of Financial Supervision of
that.All political forces and parties, including the Kurdish parties, welcomed the decision of the Federal Court and described it as "bold and brave", with the exception of the Kurdistan Democratic Party, which he described as "politicised." In the words of the head of the party, Massoud Barzani, who attacked the decision of the Federal Supreme Court of the unconstitutionality of the oil and gas law of the Kurdistan Regional Government and its abolition.
Barzani said in a statement, that the decision of the Federal Supreme Court on the oil and gas of the Kurdistan region is a purely political decision, contrary to the Iraqi federal constitution, and its aim is to antagonize the region and the federal system in Iraq.

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Saleh calls for an urgent dialogue between Baghdad and Erbil and proposes submitting a new oil and gas law
  
{Political: Al Furat News} The President of the Republic, Barham Salih, called for an urgent dialogue between the federal governments and the Kurdistan Region regarding the recent decision of the Federal Supreme Court regarding the oil and gas file.

Saleh said in a statement received by {Euphrates News} a copy of it: “The Federal Supreme Court issued a judicial ruling on February 15, 2022 on the management of oil in the Kurdistan region, and at a time when we stress the need to respect judicial decisions and adopt what embodies the spirit of the constitution and responds to the interests of Iraqis of all sects and components, we stress that the main tasks of the President of the Republic are to protect the Iraqi constitution and to ensure its implementation, and to protect the federal democratic system and its constitutional institutions.

He added, "The hesitation of the various political forces over more than a decade ago in approving the oil and gas law that regulates the management of oil and gas resources throughout Iraq, played a negative role that contributed to creating problems and crises, and led to reaching this critical moment where we face its consequences today." .

And Saleh indicated that "the critical political situation that our country is going through requires all parties to assume a high responsibility to overcome the current worsening crisis, prevent its deterioration and crack the foundations of the constitutional federal democratic system, including the constitutional rights of the Kurdistan region and its institutions within the framework of the Iraqi state."

And he continued, "Based on the keenness to overcome the state of affairs and what it may constitute of results that are not in the interest of the country, we see the necessity of launching a serious and urgent dialogue between the federal government and the Kurdistan Regional Government to find realistic mechanisms that guarantee coming up with practical solutions that guarantee what the Federal Court wanted to adopt, and with what It guarantees the constitutional entitlements of the Kurdistan region and guarantees the aspirations of its citizens and other Iraqis by harnessing the imports to serve the citizens away from corruption, mismanagement and political manipulation. and endorse it without complacency.

He pointed out that "there are many binding constitutional issues, unfortunately postponed, which, in addition to the oil and gas law, constitute an integrated legal cover that preserves the rights of all and achieves integration in the relationship between the federal government, the regional government and the governorates that are not organized in a region, especially the law of the Council of Ministers. The Union, the missing legislative chamber in the existing political system, which Article 65 of the Constitution explicitly and bindingly stipulated, as the establishment of this Council was not taken seriously despite the passage of 17 years since the adoption of the Constitution.

He added, "Also, Article (105) of the Constitution obligates the establishment of a public authority concerned with guaranteeing the rights of the regions and governorates, which has also not seen the light so far, as well as Article (106) of the Constitution, which obligates the establishment of a "public authority to monitor the distribution of federal imports", which It was not activated until the end of 2021 and it still needs more support and powers.”

The President of the Republic explained that "all these missing links, in addition to the lack of approval of the oil and gas law stipulated in Article 112 of the Constitution, contributed to creating an abnormal atmosphere for the management of oil wealth in Iraq, including the Kurdistan region, and from this point of view this issue must be looked at." Responsibly, and that everyone assumes their duties in completing the constitutional framework for this relationship, of which the Iraqi people have been the victim.

He stressed, "The time has come to consider a national responsibility for the relationship between the federal government and the region, which has led to the suffering of the citizens of the Kurdistan region due to unfortunate and unacceptable austerity measures, such as cuts and delays in the salaries of employees and retirees. Political disagreements and turning them into victims.

Salih renewed his call for amending the texts of the constitution, which reality proved to be inapplicable or responsible for deepening crises, in addition to supplementing and amending the texts regulating the work and formation of the executive and legislative authorities in a way that they protect and serve the people and express their free will and independent national decision.

He also renewed, "the call for the need to respect the constitutional obligations in the country and to complete the formation of a new government that meets the aspirations of Iraqis, as the continuation of political debates and the exchange of accusations has become absolutely unacceptable, especially since the country is facing major national challenges and entitlements that do not accept delay under any pretext."

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