Kurdistan Ministry of Wealth: A court in Baghdad summoned companies operating in the region illegally
Shafaq News/ The Ministry of Natural Resources in the Kurdistan Regional Government reported on Monday that a court in Baghdad summoned international companies operating in the Kurdistan Region, noting that this summons was made at the request of the Federal Minister of Oil.
The ministry stated, in a statement received to Shafaq News Agency, that "on May 19, 2022, the Commercial Court (Al-Karkh) in Baghdad summoned the international companies operating in the Kurdistan Region, at the request of the Iraqi Oil Minister."
She pointed out that "the companies are (DNO), (Western Zagros), (HKN), (Sharman), (Ginnel Energy), (Addax) and (Gulf Keystone), which carry out their business in accordance with the law of Oil and Gas in the Kurdistan Region No. 22 of 2007, which was approved by the Kurdistan Parliament in accordance with the provisions of the Iraqi constitution.
And the Ministry of Wealth in the region noted that this summons to the (Karkh) Court “the latest in a series of illegal measures taken by the Minister of Oil in the caretaker government in Baghdad, and it seems that these illegal practices are based on the ruling issued by a court in Baghdad that calls itself (the Court). The Federal Supreme Court, which issued on February 15, 2022, a politically motivated decision aimed at repealing the 2007 Oil and Gas Law in Kurdistan, while no court in Baghdad has the authority to take such a decision.
And the ministry continued: "On February 28, 2022, the President of the Kurdistan Region, along with the heads of the legislative authority, the executive authority, and the Kurdistan Region Judicial Council issued a statement rejecting the decision of February 15, 2022, and on the fourth of June 2022, the Judicial Council, as the highest judicial institution in the Kurdistan Region, issued a statement supporting it. The validity of the Oil and Gas Law of 2007, and he also indicated that Article 92 / Paragraph Two of the Iraqi Constitution stipulates that the Iraqi Council of Representatives approves a law to establish the Federal Court in Iraq, but no such law has been issued so far.
And she considered that "the Federal Supreme Court was not established on the basis of the constitution, which means that it does not have any constitutional authority to do such a job, as the oil and gas law related to the Kurdistan Region is still in force."
The ministry stated, "On June 2, 2022, the Kurdistan Regional Government filed a lawsuit in the Erbil Investigation Court against the Director General of the Ministry of Oil in the Federal Government, because of his abuse of his authority and position by intimidating and harassing companies operating in the Kurdistan Region."
She pointed out that the Kurdistan Regional Government believes that "the Director-General was practicing intimidation of companies and interfering in their contractual rights with the Kurdistan Regional Government through letters and e-mail."
And the Ministry of Natural Resources in the Kurdistan Regional Government indicated that "on June 5, 2022, the investigation court in Erbil ruled that the cases filed against international companies from the Karkh Commercial Court should be referred to the Erbil Investigation Court for investigation as evidence of a criminal complaint."
And she added: "The Erbil Investigation Court also decided to postpone any legal case submitted to the (Karkh) Court in this regard, based on the Iraqi Code of Criminal Procedure No. (23) of 1979, which makes it imperative for the Iraqi Oil Ministry to suspend work in the Civil Court until completion. from the procedures of the investigative court and its decision.
And it concluded by saying: “Even after completing the investigation based on Article (38) of the Iraqi Civil Procedure Code No. 83 of 1969, and according to the spatial jurisdiction, these cases must be judged and resolved by the Civil Court in the Kurdistan Region, as all companies brought against them The lawsuits are registered and working in the Kurdistan Region.
The ministry concluded its statement by noting that "on June 5, 2022, the Minister of Natural Resources in the Kurdistan Regional Government filed a civil lawsuit against the Minister of Oil in the Federal Government."
According to the provisions of the Iraqi Civil Code, the Kurdistan Regional Government considers that the Minister of Oil in the Federal Government is responsible for sending messages and e-mails to these companies with the aim of intimidating them and interfering with their rights in contracts concluded with the Kurdistan Regional Government.
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