by Rocky Sat 06 Mar 2021, 3:19 pm
[rtl]The Federal Oil and Gas Law is a sudden and disturbing move that calls for caution and action[/rtl]
[rtl]Saturday 27th February 2021 19:38[/rtl][ltr]Ahmad Mousa Jiyad[/ltr]
Iraq / Development Consultancy and Research, Norway
[rtl]
The Opinion Board of the Ministry of Oil discussed and reviewed the final version of the Federal Oil and Gas Law at the session held on Wednesday February 24, 2021. In the statement of the Ministry’s Media Office, Minister of Oil Ihsan Abdul Jabbar Ismail confirmed that this copy will be referred to the Council of Ministers for approval after completion Review it by the concerned authorities in the ministry, and then the cabinet will review this copy, and in turn refer it to the parliament for the enactment of this law.The Media Office did not clarify, in its brief statement, any important and new information about the components and contents of this final version of the bill, nor about its proximity or distance from any of the previous drafts (which are more than three), nor did it adopt it for any of the alternatives previously presented, nor the timeframe for enacting the law. The real reasons that prompted this "sudden" moveAt this particular time, does the timing relate to the issue of approving the budget law 2021 or to the ongoing communication between the federal government and the regional government (including the movements of some politicians and heads of some political and religious forces) or the end of the mandate of the current government and the House of Representatives in the month of October - next October, where elections will be held after Changing its date from the month of June or with prior coordination (hidden or announced) between the announcement of this bill and the proposed amendment to the first amendment to the Iraqi National Oil Company law promoted by the head of the Oil and Energy Committee in the House of Representatives, Hebt al-Halbousi ... or all of these ... or Some of them ... or others.The subject of federal oil and gas law is complex, long and highly politicized, and has been under consideration for more than fifteen years, and he has written and written about it a lot throughout that period. Because of the necessity, importance and necessity of discussing this "final version" of the law in a professional and specialized manner in order to protect the hydrocarbon wealth and in a way that serves the interest of Iraq and the rights of future generations, I find it imperative to make some observations and very briefly.First: Through the statements of the Minister of Oil, it appears that this "final version" of the law has been discussed and approved by the opinion committee in the ministry, before or without knowledge or the contribution of "the concerned authorities in the ministry"!It seems that the same old method is still influential, as the final version was approved in a top-down manner by the top of the administrative hierarchy, "Top-Down," which suggests to the concerned authorities in the ministry that this is what the ministry leadership (represented by the opinion body) wants. This prompts those "concerned authorities" either to agree reluctantly or not to express a serious oppositional opinion or to make formal remarks to record a position and pay for the damage (all of this to avoid problems with the leadership of the ministry).My continued direct contact with concerned oil experts and experts inside Iraq (some of whom are still in service and others outside the ministry) indicate two overlapping positions: the first is a state of despair and frustration, and the second is "they do not listen to us and do not take our observations." This vicious circle and the lack of effective participation does not lead to the drafting of a good law with operational effectiveness that strengthens the oil sector and achieves the interests of the Iraqi economy. The actual examples and evidences of the failure of the superior method in decision-making and in the preparation and enactment of laws are numerous, including the dismantling of the Mufti refinery and warehouse, this particular law, the law on private investment in refineries, the provincial law, and the Iraqi National Oil Company law ... So why insist on a systematic behavior that has proven facts not only on the lack Its usefulness, but its catastrophic damage !!!!Second: Since the beginning of 2007, there have been many drafts of the Federal Oil and Gas Law, three of which have entered the official channels between the executive (government) and the legislative (Parliament). During this entire period, much was written about these drafts (and I personally published numerous analytical studies on these drafts). In short, I can confirm that all of these drafts have become obsolete and are absolutely inapplicable due to the presence of a structural defect, many gaps and catastrophic contradictions in the law itself, in addition to the fact that all of these drafts have been overtaken by many important and very influential fundamental developments.The urgent and important question relates to the proximity or distance of this "final version" adopted by the Opinion Commission to any of the previous drafts !!Third: the three alternatives In January 2015, the Council of Ministers decided to form a "specialized team" to deal with the oil and gas law. On March 16 of that year, the team presented three alternatives: preparing a new law, amending the 2007 draft law, or negotiating with the regional government on controversial issues of the law. No position has been taken, but cabinet information indicates that the matter was referred, in October of that year, to the Ministry of Oil to complete its study!It is possible that the final version discussed recently will either be a completely new law, according to the first alternative, or an amendment to the form of the 2007 law, according to the second alternative above. Given the impossibility of the second alternative, for the reasons mentioned in the second above, the likelihood of a completely new law remains high.But in this case, the new bill must be totally and radically different from any of the old formulas of the law. In this case, the experience of the past years since 2007 indicates that this matter requires intensive and complex efforts for a long period and may not succeed in the end, given that the period of time for the mandate of the current government and parliament is limited to the upcoming elections in October of this year.And accordingly, why the hurry to pass a complex law so quickly and suddenly without a broad national and specialized dialogue?I am afraid of the politicization of the issue and the legalization of production-sharing contracts for the regional government that serve the interests of foreign oil companies at the expense of the interests of the Iraqi people, especially the region’s residents, and which contradict the Iraqi constitution.Fourth: The cases before the Federal Supreme Court and international arbitrationThe invitation, which the Federal Ministry of Oil instituted against the regional government and its relevant ministry, has been brought before the Federal Supreme Court about ten years ago, due to the region’s lack of response in presenting its defenses before the court on the one hand and the lack of seriousness of the heads of Iraqi governments, especially Adel Abdul Mahdi, in proceeding with the case. for many reasons.In my opinion, it is not correct (and not necessarily illegal) to present the federal oil and gas bill before the Federal Supreme Court issues its decision in the case before it. In the event of insistence on enacting the law, it will certainly be subject to appeal before the Federal Court in the event that the law is legalized for production-sharing contracts for the regional government.The same applies to the international arbitration lawsuit before the International Chambers of Commerce in Paris, which was submitted by the Ministry of Oil several years ago against the companies and the Turkish government to their successors, the international agreements signed between the two countries, especially those related to the Kirkuk-Ceyhan oil pipeline (which the Ministry of Oil and available information appreciates that the verdict will soon be issued. Which is expected to be in favor of Iraq and a large amount of compensation). Any move or law legalizing the regional government contracts will contribute to Iraq losing this lawsuit in favor of Turkey and cause Iraq great and catastrophic long-term damage.Fifth: The directives of the Council of MinistersOn October 1, 2019, the Council of Ministers recommended that the House of Representatives wait for the approval of the oil and gas bill, "until the draft law amending the National Oil Company Law and the completion of the oil and gas bill presented to the State Council."According to the latest information to date, not all issues related to the draft law of the first amendment to the law of the National Oil Company have been finally and formally resolved in the House of Representatives (this is what I will discuss in detail in my next intervention after a few days), which means the need for the Ministry of Oil to wait until the completion of the project Law of the First Amendment to the Law of the National Oil Company, due to the strong interdependence between the two laws and to ensure that there is no overlap, contradiction or competition between them.Of course, the same applies to the State Council, where the Council is supposed to complete the bill referred to it after the completion of the first amendment bill to the National Oil Company Law. Note that the draft law of the First Amendment to the Law of the National Oil Company came in implementation of the Federal Supreme Court's acceptance of the appeal of several basic articles in Law No. 4 of 2018. In light of the foregoing, I invite:All sisters and brothers in the Ministry of Oil, especially the leaders of the "concerned authorities" in the ministry, should delve into the analysis and evaluation of the "final version" of the law, taking into consideration the interests of Iraq and preserving its territorial integrity and entity from the implicit calls for dismantling. I am ready to provide a professional professional opinion on all or any part of the proposed law.I also call on all experts, stakeholders, observers and citizens to prepare to confront the proposed law if it appears that it works against the supreme national interest in favor of any part of Iraq at the expense of other parts and / or that it legalizes production-sharing contracts for the regional government and / or is in conflict with the constitution;I also sincerely call on the sisters and brothers in the House of Representatives to exercise caution and caution when discussing the draft federal oil and gas law, as well as the draft of the first amendment to the law of the national oil company;I have written and published a lot about these two laws in Arabic and English and I am ready to provide them to anyone who wants to see them or any of them.Ahmed Musa Giyad
Development and research consultancy
Norway[You must be registered and logged in to see this link.][/rtl]
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