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[size=36]Kurdistan oil cases in the courts: the federal government settles one and the other is frozen in Paris[/size]
political| 05:04 - 15/02/2022
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Special - Mawazine News
After a deep political debate that extended to more than one successive Iraqi government between activating the issue of Kurdistan's export of oil without Baghdad's approval and stopping it by the federal government, the Federal Court issued, today, Tuesday, a ruling that the oil and gas law in the regional government is unconstitutional.
A statement by the court stated that Mawazine News received a copy of it, that it “issued its decision in case 59 / federal / 2012 and unified 110 / federal / 2019 on 2/15/2022, which includes the ruling that the Kurdistan Regional Government’s Oil and Gas Law No. 22 of 2007 is unconstitutional and cancels it. 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.
She explained that "The regional government is obligated 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 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, and the Ministry of Oil has the right to follow up the invalidity The oil contracts concluded by the Kurdistan Regional Government with foreign parties, countries and companies regarding oil exploration, extraction, export and sale, and obligating the Kurdistan Regional Government to enable the Iraqi Ministry of Oil and the Federal Office of Financial Supervision 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 ensuing The Kurdistan Regional Government is responsible for it and that the region’s share of the general budget is determined in a manner that guarantees the delivery of the rights of the citizens of the Kurdistan region’s governorates from the federal general budgetAnd not to delay it and notify the Federal Government and the Federal Office of Financial Supervision of that.”
According to what was mentioned, the oil expert Hamza Al-Jawahiri confirmed, on Tuesday, that the region is facing two judgments after the Federal Court's decision to cancel all its contracts regarding oil.
Al-Jawahiri said in an exclusive interview with Mawazine News, that the region is now facing two judgments, the first is: Either recover 84 billion dollars from the sale of oil and gas, or submit to a lawsuit brought by Baghdad to a commercial court affiliated with the International Chamber of Commerce in Paris at the beginning of last year.
Meanwhile, the representative of the Al-Fateh Alliance, Faleh Al-Khazali, considered that the Federal Court's decision regarding Kurdistan oil is a victory for justice.
Khazali said in a television interview, which was followed by "Mawazine News", that the sums owed by the Kurdistan region are more than 128 billion dollars, in addition to other imports.
He added, "The region's wealth is for all components of the Iraqi people, and they must hand over the imports to the federal government."
Khazali stressed that Kurdistan was exporting oil in an unconstitutional manner, and the Federal Court's decision was a reform step.
And he continued, "A committee was formed that diagnosed violations by Kurdistan regarding the export of oil, and Al-Kazemi tolerated this issue."
He pointed out that Al-Kazemi did not hold the Kurdistan Region accountable for exporting oil, despite the recommendations made to him by the Violations Diagnostic Committee.
In the meantime, according to a lawsuit filed by Baghdad with a commercial court affiliated with the International Chamber of Commerce in Paris at the beginning of last year, the Iraqi government is asking its Turkish counterpart to pay about $26 billion to Iraq, resulting from the latter’s import of the region’s oil during the past years without official approval from the Baghdad.
This call, which was presented by the second government of Nuri al-Maliki, in its last weeks, went through different stages. Former Prime Minister Haider al-Abadi froze it at the end of 2014, then did it in early 2017, before freezing it in his last days at the head of the government, then the resigned Prime Minister, Adel Abdul Mahdi, stopped it at the request of the Kurdish leadership. Ended 29/R77
After a deep political debate that extended to more than one successive Iraqi government between activating the issue of Kurdistan's export of oil without Baghdad's approval and stopping it by the federal government, the Federal Court issued, today, Tuesday, a ruling that the oil and gas law in the regional government is unconstitutional.
A statement by the court stated that Mawazine News received a copy of it, that it “issued its decision in case 59 / federal / 2012 and unified 110 / federal / 2019 on 2/15/2022, which includes the ruling that the Kurdistan Regional Government’s Oil and Gas Law No. 22 of 2007 is unconstitutional and cancels it. 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.
She explained that "The regional government is obligated 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 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, and the Ministry of Oil has the right to follow up the invalidity The oil contracts concluded by the Kurdistan Regional Government with foreign parties, countries and companies regarding oil exploration, extraction, export and sale, and obligating the Kurdistan Regional Government to enable the Iraqi Ministry of Oil and the Federal Office of Financial Supervision 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 ensuing The Kurdistan Regional Government is responsible for it and that the region’s share of the general budget is determined in a manner that guarantees the delivery of the rights of the citizens of the Kurdistan region’s governorates from the federal general budgetAnd not to delay it and notify the Federal Government and the Federal Office of Financial Supervision of that.”
According to what was mentioned, the oil expert Hamza Al-Jawahiri confirmed, on Tuesday, that the region is facing two judgments after the Federal Court's decision to cancel all its contracts regarding oil.
Al-Jawahiri said in an exclusive interview with Mawazine News, that the region is now facing two judgments, the first is: Either recover 84 billion dollars from the sale of oil and gas, or submit to a lawsuit brought by Baghdad to a commercial court affiliated with the International Chamber of Commerce in Paris at the beginning of last year.
Meanwhile, the representative of the Al-Fateh Alliance, Faleh Al-Khazali, considered that the Federal Court's decision regarding Kurdistan oil is a victory for justice.
Khazali said in a television interview, which was followed by "Mawazine News", that the sums owed by the Kurdistan region are more than 128 billion dollars, in addition to other imports.
He added, "The region's wealth is for all components of the Iraqi people, and they must hand over the imports to the federal government."
Khazali stressed that Kurdistan was exporting oil in an unconstitutional manner, and the Federal Court's decision was a reform step.
And he continued, "A committee was formed that diagnosed violations by Kurdistan regarding the export of oil, and Al-Kazemi tolerated this issue."
He pointed out that Al-Kazemi did not hold the Kurdistan Region accountable for exporting oil, despite the recommendations made to him by the Violations Diagnostic Committee.
In the meantime, according to a lawsuit filed by Baghdad with a commercial court affiliated with the International Chamber of Commerce in Paris at the beginning of last year, the Iraqi government is asking its Turkish counterpart to pay about $26 billion to Iraq, resulting from the latter’s import of the region’s oil during the past years without official approval from the Baghdad.
This call, which was presented by the second government of Nuri al-Maliki, in its last weeks, went through different stages. Former Prime Minister Haider al-Abadi froze it at the end of 2014, then did it in early 2017, before freezing it in his last days at the head of the government, then the resigned Prime Minister, Adel Abdul Mahdi, stopped it at the request of the Kurdish leadership. Ended 29/R77
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