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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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Prove the legitimacy of your institutions first..

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On May 30, 2022, the Kurdistan Regional Judicial Council issued a statement regarding oil and gas operations in the region. The Kurdistan Parliament does not contradict the Iraqi constitution, and that the court that issued a decision on February 15, 2022 to cancel the Kurdistan Region Oil and Gas Law No. 22 of 2007 does not have any constitutional authority and therefore the Oil and Gas Law of the Kurdistan Region is still in force).
 
We, in turn, ask the region's judicial council, which issued this contradictory statement, from where did the legitimacy of the region's judicial council and all the legislative and executive institutions existing in the region come from? If all the federal judicial, legislative and executive institutions have derived their legitimacy from the Iraqi constitution of 2005, from where did the region's authorities and institutions get their legitimacy? And if the Iraqi constitution in Article (117 / first) had approved the Kurdistan region and its existing authorities as a federal region upon its entry into force, Has the region drawn up a constitution for itself as stipulated in Article (120) of the Iraqi constitution that defines the structure of the region’s authorities, its powers, and the mechanisms for exercising those powers, provided that it does not conflict with this constitution?? Then isn't the constitution of Iraq of 2005 the supreme and supreme law in Iraq, and it is binding in all parts of it, without exception?? Is it permissible to enact a law that contradicts this constitution?? And how does the current Federal Court not have any constitutional authority when it ratified the results of the parliamentary elections?? How does the Region's Oil and Gas Law No. (22) of 2007 not conflict with the Iraqi constitution, which has made oil and gas the property of all the Iraqi people in all the regions and governorates?? And where is the constitutional bond that allows the region to produce and export oil and gas away from the approval of the federal government?? Then isn't drawing the sovereign foreign economic and trade policy one of the exclusive competencies of the federal government as stated in Article (110/first) of the Iraqi constitution?? Who is who Allowed the region to exercise this exclusive jurisdiction instead of the federal government?? And if oil and gas is the property of the Iraqi people in all the provinces and regions, is it logical that the owner does not know the revenues of his property and how to distribute them?? Then doesn't Article (130) of the Constitution stipulate that the legislation in force shall remain in force unless it is repealed or amended in accordance with the provisions of this Constitution?? Then did not a court in the United States of America issue a lawsuit by the plaintiff, the Federal Ministry of Oil, against the defendant, the Ministry of Natural Resources in the Kurdistan Regional Government, and the decision included that the plaintiff owns the legal personality and has the right to possess the property, And that the defendant exercised his control and hegemony and took control of the property in an illegal and unlicensed manner)?? Do those in charge of managing the affairs of the region know that all their legislative, judicial and executive institutions are illegitimate because of the absence of a constitution for the region that defines the structure of the region’s powers and powers and the mechanism for exercising those powers?? And how does the Region's Judicial Council of the Federal Judicial Council issue this statement full of fallacies based on partisan directives from the Kurdistan Democratic Party?? Then, isn't the region itself voted on the Federal Court Formation Law No. (25) of 2021, according to which the current Federal Court was formed?? Then aren't there two (2) Kurdish judges in the current Federal Court who were nominated by the Kurdistan Region itself?? If the court is unconstitutional, as they say, why did they nominate these judges for its membership?? .. 
 
Heavenly hands
On 05/06/2022 

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Al-Fatah: Erbil Has Crossed The Red Lines And Deals With Baghdad As An Independent State

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Fatah alliance member Salem al-Abadi said Sunday that the continued violation of the Kurdistan Region's leaders on the Federal Court comes out of their belief in the establishment of a Kurdish state inside Iraq, while stressing that encroachment on and abuse of the judiciary is dangerous and unacceptable.

"As long as we are used to the masters of Erbil and the leaders of the region, their continued and blatant transgression on all borders and their lack of commitment to the requirements of the current phase and the evaluation of the Iraqi state as they do not believe in a sovereign Iraqi state, but primarily believe in a Kurdish state and an independent territory," Al-Abadi told Al-Mfra.

"One of the serious challenges that has emerged in the recent period is the issue of transgression and infringement of all red lines in order to achieve personal ends and narrow gains, first and foremost the process of violating the constitution at times and the judiciary," he said.

"We do not expect Barzani and his likes to think about the sovereignty and unity of the country as a unified state as much as he thinks about his so-called state and his dreams of a Kurdish state," said a member of the Fatah alliance.

"The main reason behind the overreach of politicians in the region and the elimination of the Federal Court is because they were involved in the oil file and its sale and made long-term contracts with foreign countries contrary to the law and the constitution," al-Nasr coalition member Aqeel al-Radini said in an earlier interview with Al-Ma'fiq, pointing out that "the contradictions and contradictions that are taking place in the country towards the judiciary are essentially reformist."

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Sufi: Barzani's Party's Attack On The Judiciary Is A Violation Of The Country's Sovereignty

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Legal expert Ahmed Hamdoun al-Sufi said Sunday that the abuse of iraqi justice by some political parties is unacceptable and must be acted upon, while the Iraqi judiciary is the last line of defense before the simple citizen from the incursion of the parties and their control of their political interests.

"The abuse of iraqi judiciary by some KDP members is a violation of the country's sovereignty, and those who are involved in it must be held accountable," Al-Sufi told Al-Soufi.

He called on the KDP to "make a formal apology to its members for explaining its position on the repeated abuse of the Federal Court and the acquittal of these despicable acts against the judiciary."

"Circumventing the decisions of the Federal Court by political forces is unacceptable and everyone must take a serious stand to prevent repeated abuse of the Iraqi judiciary," he said.

"The federal court is being subjected to a "serious act" by some forces," said Nouri al-Maliki, head of the State of Law Coalition.

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Victory Reveals The Reasons Why The Territory's Judiciary Attacked The Federalism.

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Al-Nasr coalition member Aqeel al-Radini on Sunday revealed the reasons for the continued attack by the regional government and the judiciary in Kurdistan on the Federal Court, while stressing the lack of an independent judiciary in the region.

"The main reason behind the overreach of politicians in the region and the elimination of the Federal Court is because they were involved in the oil file and its sale and made long-term contracts with foreign countries contrary to the law and the constitution," al-Radini said, noting that "the contradictions and contradictions that are taking place in the country towards the judiciary are essentially reformists."

"Previous Federal Court decisions were welcomed from the region, such as the decision to endorse the KDP's election victory, which currently refuses to comply with the court's decision on oil and gas," he said, asking , "How can he believe himself to be an election winner if he considers the Federal Court unconstitutional?"

"The Federalism is a constitutional court and is considered one of the highest authorities in the country and plays an important role in monitoring the constitutionality of laws and separating courts and authorities," said al-Nasr, noting that "the judiciary in Kurdistan is not independent and does not consider an authority or court that can take and direct such statements against the Federal Court."

On Sunday, legal expert Mustafa al-Khalani said that the statement of the kurdistan district was a political one, saying that its statement represented a coup d'état. It's ove

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Can the Iraqi government book Kurdistan's oil revenue money in international banks?

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Can the Iraqi government book Kurdistan's oil revenue money in international banks?

  •  Four minutes ago.
  •  
Baghdad:
Economist Nasser al-Kanani
on Sunday proposed withholding oil revenue funds for Kurdistan in international banks to stop the region's illegal oil exports.

"It is difficult to seize the funds of the oil revenues of Kurdistan, which are in international banks, because these funds are not in the name of the Kurdistan government, but in the names of people in the ruling families in the region," al-Kanani told Baghdad today.

"The region is contracted with Turkey on the issue of oil exports and the Iraqi government is aware of this, but if it is able to terminate the contract, it is likely that this will result in payment of funds to the Turkish side," he said.

"The Iraqi government can resolve this matter amicably with the region, especially after the federal court's decision to repeal the Kurdistan Oil and Gas Act," al-Kanani said.
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Member of the Natural Resources Committee: Twenty percent of the region's oil is smuggled to Israel through basins

 

Baghdad / Obelisk: Member of the Parliamentary Oil, Gas and Natural Resources Committee Alaa Al-Haidari said, on Sunday, June 5, 2022, that the director of SOMO, when hosting him, confirmed that the Kurdistan region exports about 450,000 per day through the Turkish port of Ceyhan, and that 20% of what the region exports is smuggled in basins. to Israel.

Al-Haidari added in an interview with Al-Mirbad satellite channel, which was followed by Al-Masala, that the authorities in the region continue to deal with Israel despite the criminalization of dealing with them according to Iraqi law.

He pointed out that the Oil Ministry approached international banks about not dealing with oil companies in Kurdistan.

He pointed out that there are administrative and legal procedures that will affect those who do not apply the decision of the Federal Court related to the region's oil.

The regional government rejected the decisions of the Federal Supreme Court regarding the oil and gas law, as the Judicial Council in the Kurdistan region of Iraq announced that the central government in Baghdad does not have the right to cancel the oil and gas law in the region, which means that it will remain in effect, in a new chapter of the dispute between the two parties. .

The Federal Supreme Court had ruled last February that the oil and gas law in the Kurdistan region of Iraq was unconstitutional.

The Federal Court's decision obligated the region to enable the Ministry of Oil and the Federal Financial Supervision Bureau to monitor oil and gas sales contracts in the region.

The decision means canceling the local law, which was enacted in 2007, as well as handing over oil production in the region to the federal government.

 

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Erbil, Kurdistan Region, Iraq (GOV.KRD) - A delegation from the Kurdistan Regional Government (KRG) will visit Baghdad tomorrow to resume talks with the Federal Government regarding the outstanding issues between Erbil and Baghdad, and the restoration of the rights of the people of the Kurdistan Region.

The delegation is led by Khalid Shwani, Minister of State for Negotiation Affairs with the Federal Government, Dr. Umed Sabah, President of the Diwan of the Council of Ministers, Dr. Abdul Hakim Khasro, Head of the Department of Coordination and Follow-up, and Dr. Khalid Hadi Chawshly, Head of the Kurdistan Region’s Auditing Diwan.

Department of Media and Information

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A Kurdish delegation will visit Baghdad tomorrow

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News source / Iraqi News Agency (INA)

Erbil -
A delegation from the Kurdistan Regional Government will visit the capital, Baghdad, tomorrow, Monday.
The Department of Information and Information in the Kurdistan Regional Government stated in a statement received by the Iraqi News Agency (INA), that "in order to continue discussions between the Kurdistan Regional Government and the Federal Government to ensure the constitutional rights of the people of the Kurdistan Region, tomorrow, Monday, a delegation from the Kurdistan Regional Government will visit Baghdad."
She added, "The delegation consists of Minister Khaled Shwani, Minister of the Region for Negotiations with the Federal Government, Omid Sabah, Prime Minister, Abdul Hakim Khusraw, Head of the Coordination Office in the Regional Government, and Khalid Hadi Shushali, Chairman of the Financial Supervision Council."

 

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Let’s hope this gets resolved soon. The UN has already warned Iraq about the problem this and an unseated government poses to their stability and rule of law. 
 

If somehow Iraq can resolve these issues and get a seated government, think of how much faster their economy can grow without uncertainty hanging over them. 

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Kurdish delegation visits Baghdad tomorrowimage.jpeg.e206aaedd741b6cbb1a7b26390c90091.jpeg

 

Political |   11:48 - 05/06/2022

 

Baghdad - Mawazine News

A delegation from the Kurdistan Regional Government (KRG) will visit Baghdad on Monday.
"In order to continue discussions between the KRG and the federal government to guarantee the constitutional rights of the people of the Kurdistan Region, on Monday, a delegation from the Kurdistan Regional Government will visit Baghdad," the Kurdistan Regional Government Information and Information Service said in a statement received by The Mozin News.
"The delegation consists of Minister Khaled Shawani, Minister of Regional Negotiations with the Federal Government, Omed Sabah, Prime Minister, Abdul Hakim Khusraw, head of the coordination office in the regional government, and Khaled Hadi Shushli, chairman of the Financial Monitoring Council," she said.

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Regional Government Delegation Arrives In Baghdad On Monday

Author: Ahad7 In 2022/6/5 - 11:30 PM  53

Regional government delegation arrives in Baghdad on Monday - Covenant News (alahadnews.net)

The Kurdistan Regional Government (KRG) Said Sunday It Had Decided To Send A Negotiating Delegation To Baghdad To Maintain Dialogues With The Federal Government To Guarantee The Region's Constitutional Rights.

In Order To Sustain Dialogues Between The Kurdistan Regional Government And The Federal Government And To Ensure The Constitutional Rights Of The People Of The Region, A Delegation From The Regional Government, Including The Regional Minister For Negotiations With The Federal Government, Khaled Shawani, The Head Of The Regional Cabinet, Omed Sabah, The Head Of The Coordination And Follow-Up Department, Abdul Hakim Khusraw, And The Head Of The Regional Financial Oversight Office, Khal Hadi Jawshali, Will Travel To Baghdad On Monday, The Government Said In A Statement.

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Erbil court of inquiry says complaint to Iraqi oil minister should be postponed

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 2022-06-05 15:17

 

Erbil court of inquiry says complaint to Iraqi oil minister should be postponed (shafaq.com)

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On June 5, 2022, the Erbil Court of Inquiry postponed a number of civil complaints filed by the federal oil minister against international oil and gas companies operating in Kurdistan province, a source at the Ministry of Natural Resources said.

On May 19, 2022, the Commercial Court (Karkh) in Baghdad, at the request of the Minister of Oil of the Federal Government, summoned international companies operating in the Kurdistan region, including Adax, DNO, Jinel, Gulf Keystone, HKN, Shamran, and Western Zagros.

"Under Iraqi law, a civil trial cannot be conducted during a related criminal investigation, so the complaint must be postponed," the ministry source told Shafiq News.

On February 15, the Federal Supreme Court declared the Oil and Gas Act unconstitutional for the Kurdistan regional government and abolished it, and obliged the territorial government to hand over the entire oil production from oil fields in the territory and other areas from which the Kurdistan Government's Ministry of Natural Resources extracted oil and handed it over to the federal government of the Federal Ministry of Oil.

However, the President of the Kurdistan Regional Judicial Council said that the Baghdad court had no constitutional authority to do so, as the Baghdad Court had not been established under article 92, paragraph 2 of the Federal Constitution, and the basis of the decision was unconstitutional, and those complaints had no constitutional or legal basis.

He also said that the Oil and Gas Act 2007 was in force and the contracts concluded by the Kurdistan Regional Government under the Act would remain in force.

Kurdistan began selling its oil in isolation from the federal government, after a severe financial crisis caused by the collapse of oil prices during isis's invasion of areas of Iraq, as well as differences with Baghdad that prompted the latter to stop the payment of salaries to regional employees.

Baghdad says its national oil company Sumo is the only one authorized to sell Iraqi crude oil, but each side claims that the constitution is on its side. As Iraq's oil and gas law remained locked in the drafting phase because of differences, there remained room for manoeuvre.

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ERBIL — A delegation from the Kurdistan Regional Government (KRG) will visit Baghdad on Monday for a new round of negotiations with the federal government, an official statement said.

The delegation will be led by Khalid Shwani, Minister of State for Negotiation Affairs with the Federal Government, and accompanied by Umed Sabah, President of the Diwan of the Council of Ministers, Abdul Hakim Khasro, Head of the Department of Coordination and Follow-up, and Khalid Hadi Chawshly, Head of the Kurdistan Region’s Auditing Diwan.

The aim of the visit is to "resume talks with the Federal Government regarding the outstanding issues between Erbil and Baghdad, and the restoration of the rights of the people of the Kurdistan Region," the KRG said in a statement.

The head of KRG's Foreign Media Relations, Lawk Ghafuri, said in a Twitter statement that "the talks will be mainly about the federal budget and oil & gas issues."

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Let’s see if they can resolve this. I have a sneaky suspicion that both sides know who is more powerful here; ie. who has the power in the courts to get first in line with a bank account for all the oil exported from Iraq. I am interested in seeing this play out to get SOMO (or perhaps another National Oil Company) as the primary payment and with an HCL distribution back down from the National level to the Regional level. 
 

Soon…

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