[size=38]Does the Sudanese government resolve the file of the oil and gas law once and for all?[/size]
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February 5, 2023[You must be registered and logged in to see this link.]
Baghdad / Obelisk: The ministerial platform presented by Prime Minister Muhammad Shia' al-Sudani provides for the legislation of the federal oil and gas law. This prompted Jenin Blaskhart, representative of the Secretary-General of the United Nations in Iraq, to assert that the Sudanese government's program emphasizes commitment to resolving outstanding issues between the federal government and the Kurdistan Regional Government, including the enactment of the oil and gas law within six months. However, there are no signs so far of an imminent resolution of the file, while the Kurdish political analyst, Muhammad Wani, considers that some believe that the court's decision against the region is (historic), similar to the decision against the oil and gas law, and the decision that was taken in 2014 and was also considered (historic) to starve the people Kurdish.
But the follower of Iraqi affairs, Jawad al-Rubaie, speaks realistically that the budget cannot be approved without approving the oil and gas law and the border crossings, and what is happening is evasive, and that the oil and gas law must be settled first and that all Iraqi cities and provinces are covered by that law, considering that the law will do justice everyone ..
And since the Kurdistan Democratic Party is part of the State Administration coalition that forms the government, the agreement to form the Sudanese government provides for resolving the file of the oil and gas law.
Legal expert Ali Al-Tamimi explains that the draft federal oil and gas law is one of the most important laws stipulated in the constitution and consists of 53 articles.
Al-Tamimi told Al-Masalla, that he mandated the establishment of the Federal Oil Council, which is headed by the Prime Minister and includes the membership of the Minister of Oil and Finance, the Governor of the Central Bank, a representative of the producing provinces and regions, and experts in oil, and taking into account the representation of the components of the Iraqi people, noting that the Council is in charge of setting petroleum policies and issuing implementation instructions. Contracts, approval of exploration, development and production, approval of contracts concluded, and other terms of reference stipulated in the project.
He added that the signing of the contracts shall be by the Federal Ministry of Oil, provided that it is approved by the Federal Oil Council within 3 months. It is referred to the Council, otherwise it is considered null, explaining that the draft stipulated the need to review the contracts concluded and to be amended in accordance with this law. The law did not specify the type of these contracts and was the first Or is it only service contracts, not participation?
And he went on to say: The law needs to be imposed on contracting companies to employ Iraqis exclusively, as self-producing countries do, and this is important, indicating that the issue of contracts prior to the legislation of the law must be expressly stipulated and the problem solved with contracting companies contrary to the constitution and contrary to the decisions of the Federal Court according to the principle of joint management of the two parties That is, the federal government and the region with the exclusive right to dispose of the federal government in accordance with Article 135 of the Civil Code, which says that whoever disposes of the property of others, his disposition is dependent on the permission of the owner.
And he continued: This law needs to explicitly stipulate the penalties that affect the parties that conclude contracts in violation of this law, as well as specifying the oversight bodies that have the right to view these contracts, adding: It needs to explicitly stipulate the rest of the oil products, not just oil and gas, in addition to ensuring The decisions of the Federal Court in this law, especially since these decisions are final and binding on all authorities in accordance with Article 94 of the Constitution.
And he indicated that this bill is very important, and it may not be the beginning of laying the foundations for the future and preventing the occurrence of the problem between the center and the region, considering that it needs to be presented to the media and specialists before it proceeds.
Al-Tamimi believes that it should be expanded in detail so as not to open the door to ijtihad when applying it, as it is one of the most important laws stipulated in the constitution in Article 112 thereof.
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