Baghdad The legal expert, Ali Al-Tamimi, explained, today, Sunday, the possibility of demanding compensation from the oil companies operating in Kurdistan from the federal government in the event that the latter insists on its efforts to cancel its contracts in the region .
Al-Tamimi told (Baghdad Today), that "in the results of the contracts, international companies return to the Kurdistan region of Iraq in compensation for the damage and not to the central government, meaning that the region is the one who will pay the companies' compensation in full ."
He added, "Iraq is a federal country, not a confederation, and SOMO has exclusive jurisdiction in exporting oil, and the decision of the Federal Court is binding and has become, and it is not possible to go to international courts, as this decision relates to the sovereignty of the state exclusively ."
Al-Tamimi continued, "The Federal Court's decision to cancel the oil and gas law in the Kurdistan region makes the oil and gas law in the region nullified for violating the constitutional provisions in accordance with Articles 110, 111, 112, 115, 122 and 130 of the constitution ."
He pointed out that "the law obligated the regional government to hand over oil imports retroactively from the date of concluding the contracts and to allow the Ministry of Oil and the Office of Financial Supervision to view these contracts. In the case of volumes, these funds will be deducted from the 17% allocated to the region ."
And he indicated that "the Federal Court relied on Article 111 of the Constitution that oil and gas belong to the Iraqi people, and therefore the management of oil and gas is from foreign trade and is within the jurisdiction of the central Iraqi government in accordance with Article 110 of the Constitution."
As for the concept of the current fields contained in Article 112, Al-Tamimi said about them, they are “produced, explored and developed fields according to the most acceptable interpretation, and not only the produced fields, as the Kurdistan Region sees.”
And the American international legal company Gibson Dunn, commenting on the problems between the Iraqi Ministry of Oil and oil companies operating in the Kurdistan region, announced that these companies can file cases in international courts, and demand tens of billions in compensation from the Iraqi government, if the latter insists on its efforts to cancel its contracts. in the Kurdistan region .
The company said in a statement received (Baghdad today), that "taking into account the articles of the Iraqi constitution and the oil and gas law in the Kurdistan region, the file of oil companies operating in the Kurdistan region is strong, to the extent that allows them to file cases against the Iraqi government." Gibson Dunn stressed in her comment that "the Iraqi government will face major legal problems, and will have to pay billions of dollars in compensation."
The company added that "the Kurdistan region is part of Iraq in all circumstances, and Iraq must abide by international laws, especially since the Iraqi Ministry of Oil has become a threat to the work environment of oil companies in the Kurdistan region."
The company indicated that the Iraqi Oil Ministry's steps "contradict international laws and the decisions of the Organization of the Islamic Conference, of which Iraq is a member," stressing the need for "the Iraqi government's commitment to guaranteeing the rights of foreign investors."
The crisis over oil reached between the two governments; Federalism in Baghdad and the Kurdistan Region, advanced stages of complexity, with the Kurdish Judicial Council declaring the Federal Court unconstitutional.
The Kurdish oil file has been managed since 2014 according to a formula of understandings concluded during the period of the government of Prime Minister Haider al-Abadi, obligating the region to hand over a percentage of its extracted oil or its revenues, or to deduct a percentage of the revenue values from the region’s share in the budget. The disputes reached their climax after the Federal Court issued a decision on February 15, in which it considered the oil and gas law enacted in the regional parliament contrary to the constitution.
And the court’s decision obliges the region to hand over its entire oil production to Baghdad, and to allow the concerned federal authorities to “review all its oil contracts,” but Erbil rejected the decision, so that the Federal Oil Minister, Ihsan Abdul-Jabbar, announced on May 7 that the talks had stalled, and that practical measures had been taken to compel the companies. Foreign women working in the region to cancel their contracts with Erbil and conclude them with Baghdad.
And earlier, the Iraqi Oil Ministry issued a clarification regarding the position of the international oil companies operating in the Kurdistan region, northern Iraq, towards the decision of the Federal Court .
And the ministry's statement said that, in response to a number of questions addressed to it by the international and local press, regarding the position of American oil services companies operating in the Kurdistan region, towards the decision of the Federal Court,
"We affirm that the companies (Schlumberger, Big Hughes, and Halliburton), which are considered It is one of the sober international companies in the field of oil services, and according to its official addresses to the ministry, it confirmed not to submit to new projects in the region, in compliance with the decision of the Federal Court, and the directives of the steering committee formed in the Ministry of Oil .
The statement added that the companies, referred to above, are "now in the process of liquidation and closing of existing tenders and contracts ."
The ministry confirmed that, according to this pledge, these companies “do not own a commercial entity or other companies operating in the region, whether through their trademark or others, or on their behalf, in a manner that does not violate the decision of the Federal Court, or intersect with the ministry’s directives.” .
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