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Established in 2006 as a Community of Reality

Welcome to the Neno's Place!

Neno's Place Established in 2006 as a Community of Reality


Neno

I can be reached by phone or text 8am-7pm cst 972-768-9772 or, once joining the board I can be reached by a (PM) Private Message.

Established in 2006 as a Community of Reality

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Established in 2006 as a Community of Reality

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    Kurdistan's anger after the "Federal" decision... Does the region pay oil money retroactively?

    Rocky
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    Kurdistan's anger after the "Federal" decision... Does the region pay oil money retroactively? Empty Kurdistan's anger after the "Federal" decision... Does the region pay oil money retroactively?

    Post by Rocky Tue 15 Feb 2022, 4:13 pm

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    Kurdistan's anger after the "Federal" decision... Does the region pay oil money retroactively?
    February 16, 2022



    The court has banned the territory from selling oil alone (Getty)
    Ultra Iraq - Editorial Team
     Without warning, the Federal Supreme Court [You must be registered and logged in to see this link.] on February 15 unconstitutional and nullifying the 2007 Kurdistan Regional Government's Oil and Gas Law for violating the provisions of 5 articles of the Iraqi constitution.
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    The head of the Kurdistan Democratic Party, Massoud Barzani, considered the decision of the Federal Court politically aimed at enmity in the Kurdistan region
    In its decision, the court obligated the regional government to hand over the entire oil production from the oil fields in the Kurdistan region and other regions and hand it over to the federal government, and gave the Ministry of Oil the right to follow up on the invalidity of oil contracts concluded by the regional government with foreign parties, countries and companies.
    Read also:  [You must be registered and logged in to see this link.]
    The court also obligated the region to enable the Iraqi Ministry of Oil and the Federal Financial Supervision Bureau to review all oil contracts concluded with Kurdistan regarding the export and sale of oil and gas for the purpose of auditing and determining the financial rights owed by the region as a result of it, and determining the region’s share of the general budget.

     
    Kurdish anger
    The head of the Kurdistan Democratic Party, Massoud Barzani, once again accused the Federal Court of taking a "purely political decision" aimed at "hostile Kurdistan and the federal system in Iraq."
    Barzani declared that "the Kurdistan region will defend with all its might its constitutional rights," expressing his hope that "the governments of Iraq and the Kurdistan region will be able to overcome obstacles and agree on the oil and gas file."
    Barzani had previously [You must be registered and logged in to see this link.] from the head of the legal committee in the Kurdistan Parliament, Bazar Kojar, in response to media calls to comment on the court's decision, in which he said, "It is better for gentlemen to talk to politicians about this issue because it is a political issue, not a constitutional one."
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    The Kurdistan Democratic Party said that the timing of issuing the Federal Court's decision on the region's oil is strange and suspicious
    The Kurdistan Democratic Party had [You must be registered and logged in to see this link.] the decision to exclude Hoshyar Zebari from the race to run for the presidency of the republic politically after its issuance by the Federal Court.
    KDP member Farhad Al-Atrushi also considered "the timing of issuing the Federal Court's decision on the region's oil strange and suspicious."
    In turn, the leader and former representative of the Patriotic Union of Kurdistan, Ala Talabani, considered the decision as "the best solution to most of the problems and differences that exist between Baghdad and the Kurdistan region over oil exports and imports."
    She expressed her wish that "the resolution will urge the House of Representatives in this session to expedite the legislation of the oil and gas law after the failure to legislate it during four parliamentary sessions."
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    Meanwhile, the Kurdistan Regional Government described the Federal Court's decision as "unfair and unconstitutional," while emphasizing three points in response to the decision: 
    • 1- This decision is unfair, unconstitutional and contradicts the constitutional rights and authorities of the Kurdistan region and is unacceptable. The court should have conducted more extensive investigations and take into account the claims of the Kurdistan region.

    • 2- The Kurdistan Regional Government will not relinquish the region’s rights that are enshrined in the Iraqi constitution, and from this standpoint, the regional government will continue its efforts with the federal government to reach a fundamental constitutional treatment for this file, despite the fact that the Kurdistan Regional Government requested and tried to postpone this case and give an opportunity to Kurdistan Regional Government agreement with the next federal government. 

    • 3- The Kurdistan Regional Government will take all constitutional, legal and judicial measures to defend all contracts concluded in the field of oil and gas.


    binding and final decision
    The decision of the Federal Supreme Court that the oil and gas law in the Kurdistan region is unconstitutional is conclusive and binding on all state authorities, according to the legal expert, Muhammad al-Samarrai, who indicated that the application of the law begins “from the date of the decision’s issuance because everyone is now facing a legal principle that does not affect rights.” acquired and established under a law that was valid at the time of its entry into force, which is the Oil and Gas Law.”
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    The decision is not considered a violation of the Federal Financial Budget Law for the year 2021, according to legal experts
    On the Democratic Party's objections and its references to violations of the court's decision, al-Samarrai said that the decision "does not conflict with the Federal General Financial Budget Law for 2021."
    Al-Samarrai added in an interview with "Ultra Iraq" that "after the decision was issued explicitly and clearly by the Federal Court, it became necessary to legislate the federal oil and gas law."
    At the present time, and until the law is approved, "the law of the Ministry of Oil and the laws in force will be implemented," as al-Samarrai explains and adds: "Any act of selling and producing oil unilaterally by the Kurdistan region is considered an invalid and contrary to the law and the constitution, after the date of the decision issued by the Federal Supreme Court." .
    As for contracts and obligations with foreign companies before the decision, al-Samarrai asserts that they "remain valid and their responsibility is transferred to the federal government, meaning that the federal government replaces the regional government with all future procedures."
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