On Wednesday, a legal expert named Ali Al-Tamimi emphasized the importance of adhering to the decisions made by the Federal Court when working towards the approval of the oil and gas law. It’s essential not to violate these decisions because they are final and binding for implementation.
According to Al-Tamimi, the draft oil and gas law is made up of 53 articles. The law necessitates the creation of the Federal Oil Council, which will be led by the Prime Minister and comprise members such as the Minister of Oil and Finance, the Governor of the Central Bank, a representative from the producing provinces and regions, and oil experts. It is essential that the council also takes into account the representation of all groups of people. The council is responsible for developing petroleum policies, issuing instructions for implementing contracts, approving exploration, development and production, and approving contracts and other stipulated terms of reference in the project.
He stated that the Federal Ministry of Oil would be responsible for signing the contracts, but only if they are approved by the Federal Oil Council within three months and referred to the Council. Otherwise, they will be considered invalid. Additionally, the contracts must be service contracts only, not participation.
He suggested that contracting companies in Iraq should be legally required to hire only Iraqi workers, as self-sufficient countries do. This is crucial, and previous contracts should be retroactively regulated to comply with this law. Additionally, any issues with contracting companies that violate the constitution or decisions of the Federal Court should be resolved through joint management by the federal government and the region, with the federal government having exclusive rights to dispose of property in accordance with Article 135 of the Civil Code. This article states that anyone who disposes of someone else’s property must have permission from the owner.
He emphasized that the law should clearly state the consequences for those who enter into contracts in violation of the law. The oversight bodies that are authorized to view these contracts should also be specified. Additionally, the law should cover all oil products, not just oil and gas.
Al-Tamimi emphasized the importance of incorporating the rulings of the Federal Court into the proposed legislation. This is particularly crucial as these decisions are conclusive and enforceable on all entities, as stipulated in Article 94 of the Constitution.