[size=30]Natural resources: Baghdad summoned companies operating illegally and the Minister of Oil is responsible for intimidation[/size]
Any court in Baghdad does not have the authority to take a decision to cancel the oil and gas law in the Kurdistan Region
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Any court in Baghdad does not have the authority to take a decision to cancel the oil and gas law in the Kurdistan Region
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Erbil (Kurdistan 24) - The Ministry of Natural Resources in the Kurdistan Regional Government said today, Monday, that Iraqi Oil Minister Ihsan Abdul-Jabbar is responsible for intimidating international companies operating in the region, noting that Baghdad summoned these companies illegally.
The ministry said in a statement 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. The companies are (DNO) and (Western). Zagros, (HKN), (Sharman), (Gennel Energy), (Addax) and (Gulf Keystone), which carry out their business in accordance with the Kurdistan Region Oil and Gas Law No. 22 of 2007 approved by the Parliament of Kurdistan in accordance with provisions of the Iraqi constitution.
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She added, "This summons to the (Karkh) Court represents the latest in a series of illegal actions 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 "Federal Supreme Court", which On February 15, 2022, it issued 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.
She indicated that "on February 28, 2022, the President of the Kurdistan Region, along with the heads of the legislative and executive authority and the Kurdistan Region Judicial Council, issued a statement rejecting the February 15 decision. On June 4, 2022, the Judicial Council, in its capacity 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 according to which the Federal Court is established in Iraq, but no such law has been issued so far, and therefore the “Federal Court Supreme Council "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."
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The statement 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, for abusing his authority and position by intimidating and harassing companies operating in the Kurdistan Region. The Kurdistan Regional Government believes that the Director General He was intimidating companies and interfering with their contractual rights with the Kurdistan Regional Government via letters and e-mails.
The Ministry indicated that, "On June 5, 2022, the Erbil Investigation Court 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. 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 requires the Iraqi Ministry of Oil to suspend work in the Civil Court until the completion of the investigation court procedures and a decision on them. Article (38) of the Iraqi Civil Procedures Law No. 83 of 1969, and according to the spatial jurisdiction, these lawsuits must be judged and resolved by the Civil Court in the Kurdistan Region, as all the companies against which the lawsuits are filed are registered and working in the Kurdistan Region.
The ministry concluded its statement by saying, "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. The Kurdistan Regional Government believes, and in accordance with the provisions of the Iraqi Civil Code, that the Minister of Oil in the Federal Government is responsible for sending messages and emails. to these companies with the aim of intimidating them and interfering with their rights in the contracts concluded with the Kurdistan Regional Government.”
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