Al-Tamimi: The oil and gas law needs to include the decisions of the Federal Court
Al-Tamimi: The oil and gas law needs to include the decisions of the Federal Court
7-19-2023
Information / Baghdad …
Legal expert Ali Al-Tamimi stressed, on Wednesday, 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 told / information /, “The draft oil and gas law consists of 53 articles, as it required the establishment of the Federal Oil Council, which is headed by the Prime Minister and the membership of the Minister of Oil and Finance, the Governor of the Central Bank, a representative of the producing provinces and regions, experts in oil, and taking into account the representation of the components of the 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 shall be by the Federal Ministry of Oil, provided that it is approved by the Federal Oil Council within 3 months and referred to the Council, otherwise it is considered null and void. The first is that it be service contracts only, not participation.”
And he indicated that “the law needs to be imposed on 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 should 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 to dispose of the federal government in accordance with Article 135 of the Civil Code, which states (whoever disposes of the property of others, his disposition is dependent 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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