[size=38]Why is the establishment of the Federal Oil Council delayed?.. companies are required to employ Iraqis exclusively[/size]
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March 18, 2023[You must be registered and logged in to see this link.]
Baghdad / Obelisk: The legal expert, Ali Al-Tamimi, believes in the importance of establishing the Federal Oil Council.
Ali Al-Tamimi said, in a statement to Al-Masalla, that the draft federal oil and gas law consists of 53 articles and required 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. That is, the council is in charge of setting petroleum policies, issuing instructions for implementing contracts, approving exploration, development and production, approving contracts concluded, and other terms of reference stipulated in the project.
There is no Federal Oil Council in Iraq, but there is the Iraqi Ministry of Oil, which undertakes the tasks of managing and regulating the oil and gas industry in the country. There are also government agencies and companies associated with the oil and gas sector in Iraq, such as the South Oil Company, the North Oil Company, and the Energy Regulatory Authority in Iraq.
He added: As for the signing of contracts, it is 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..and 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 it was the first Or is it only service contracts, not participation?
Al-Tamimi emphasized: The law needs to be imposed on contracting companies to employ Iraqis exclusively, as self-producing countries do, and this is important.
He pointed out that “the issue of contracts prior to the legislation of the law must be expressly stipulated and the problem solved with the 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, i.e. the federal government and the region with the exclusive right of disposal of the federal government in accordance with Article 135 of the Civil Code, which says who acted In the property of others, his disposal depends on the authorization of the owner.
The Iraqi Ministry of Oil manages the country's oil sector, and its tasks include organizing and managing all aspects of the oil industry, including exploration, production, refining, and export of oil and gas.
The Ministry of Oil is the one that defines, develops and implements strategic goals and plans for the oil industry.
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 review these contracts.
Al-Tamimi pointed to “the need for the draft law to explicitly stipulate the rest of the oil products, not just oil and gas, and the draft law needs to include 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 went on to say that “the draft law 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, and it needs to be presented to the media and specialists before it begins.”
And he believed that “it should be expanded in detail so that it does not open the door to jurisprudence when applying it, as it is one of the most important laws stipulated in the constitution in Article 112 thereof, just as the ministerial curriculum presented by the Prime Minister stipulated the need to legislate this very important law.”
Oil councils have been established in the Gulf countries in the form of governmental bodies since the beginning of the seventies of the last century, and they undertake the task of developing and managing the oil and gas industry.
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