Al-Tamimi: The oil and gas law needs to include the decisions of the Federal Court
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Baghdad today - Baghdad
Today, Wednesday (July 26, 2023), legal expert Ali Al-Tamimi stressed the importance of not violating the decisions of the Federal Court when moving towards approving the oil and gas law, especially since its decisions are final and binding for implementation.
Al-Tamimi said in a clarification received by “Baghdad Today”, that “the draft oil and gas law consists of 53 articles, as it required the establishment of the Federal Oil Council headed by the Prime Minister and the membership of the Minister of Oil and Finance and the governor of the Central Bank and a representative of the producing provinces and regions and experts in oil and takes into account the representation of the components of the Iraqi people. It is responsible for setting petroleum policies, issuing instructions for implementing contracts, approving exploration, development and production, approving contracts and other terms of reference stipulated in the project.
He added, "The signing of the contracts is by the Federal Ministry of Oil, provided that it is approved by the Federal Oil Council within 3 months and is referred to the Council, otherwise it is considered null and void. The project also stipulated the need to review the contracts concluded and to be amended in accordance with this law, which did not specify these contracts, as it was the first to be contracts of service only and not participation."
And he indicated that “the law needs to be imposed on the contracting companies to employ Iraqis exclusively, as self-producing countries do, and this is important, in addition to the issue of previous contracts to legislate the law, so it must be stipulated, and the problem with contracting companies other than the constitution and decisions of the Federal Court must be resolved 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 states (whoever disposes of the property of others, his disposition depends on the permission of the owner).”
He pointed out that “the 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, in addition to its need to stipulate the rest of the oil products, not just oil and gas.”
Al-Tamimi stressed, “The need for the draft law to include the decisions of the Federal Court, especially since these decisions are final and binding on all authorities, according to Article 94 of the Constitution.”
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