The Kurdistan Regional Government on Friday endorsed the decision of the Federal Supreme Court, the highest judicial authority in Iraq, not to be able to resolve the dispute between Erbil and Baghdad on the export of oil and gas from the fields of the region directly without returning to the Iraqi government, stressing that the Oil Ministry based on the call against Territory to the dissolved and expired Revolutionary Command Council Law.
The Supreme Federal Court has recently asked the parties to appeal against the unconstitutionality of extracting oil from the Kurdistan Region and exporting it directly, the statement of the legal basis currently adopted in the application of the provisions of Article (111) of the Constitution relating to the extraction of oil and gas through the sale and how to distribute the proceeds of this sale.
The Secretary of the Council of Ministers of the Kurdistan Region Amang Rahim in clarifying to him that based on the original text of the decision of the Federal Supreme Court we put the following:
First: In the decision issued on 27 – 6 of the Federal Court stated that the Iraqi Oil Ministry based its claim to Article (111) of the Constitution, which stated (oil and gas is the property of all the Iraqi people in all regions and provinces), and the Federal Court that these Article (112 of the Constitution) laid down how to implement the general provision in Article (111), which must be implemented in accordance with a law to be legislated by the Iraqi Council of Representatives. So far, 12 years after the promulgation of the Constitution, This law shall be enacted in accordance with the attachment of the Federal Court to Article 112 of the Constitution T in the legal framework for oil and gas projects in all parts of Iraq extraction, sale and distribution of revenue areas.
Second: According to the two articles of Article (112) of the Constitution, which were adopted by the Federal Court as a legal basis for Article (111), two laws must be issued by the Iraqi Council of Representatives Agencies:
1- The Law of Distribution of Oil and Gas Revenues According to this constitutional provision, which is stated in the first item of Article (112) of the Constitution:
- (The federal government administers the oil and gas extracted from the existing fields with regional governments) The federal government authority is to manage the oil and gas extracted from the producing fields before the constitution is in force on 20-5-2006, and not the fields explored and produced after that date, Which is not only available to the Iraqi Ministry of Oil and which is now operating under the Central Law of the Ministry No. (101) of 1976, and this law is contrary to the first of the article (112) of the Constitution because that law was issued in 1976, And the Federal Court and the substance of the article (112) of the Constitution has been canceled and indirectly (Ministry of Iraqi oil law), and Article 112 of the Constitution established a special provision and a restriction on Article 130 of the Constitution, which governs the generally applicable laws before 2006.
- (The distribution of imports in an equitable manner commensurate with the distribution of the population with a quota for a specific period of the affected territories …), the federal government other than this article is annually determine the share of the Kurdistan Region on the basis of “actual maintenance, not according to revenues from oil and gas, A census with the absence of the law of distribution of oil and gas revenues in Article (112) of the Constitution, which explicitly referred to this.
(2) The federal government and the governments of the regions and producing governorates together draw up the strategic policies necessary to develop the wealth of oil and gas. In this regard, the responsibility of the federal authority has been determined, and for 12 years now no joint agreement has been implemented between the authorities of the federal government and the governments of the region and the governorates. The protest of the Iraqi Ministry of Oil by the law of the Ministry No. (101) in 1976 unilaterally without the consent of the Government of the Territory and the producing provinces, and based on the law, the lawsuit is invalid and contrary to the provision of Article (112) of the Constitution and which was based on the Federal Court to resolve the case.
Rahim pointed out that the Federal Court asked the client of Iraq’s oil minister also to inquire that there is any agreement or understanding with the Kurdistan Regional Government in this regard or not ?.
He said that so far Baghdad has not been based on any legal basis in the management of oil and gas and revenues from them, saying that Article (110) of the Constitution did not address the oil and gas At the same time, Article (115) of the Constitution indicated explicitly that it did not provide Article (110) of the Constitution on any specificity of the authority of the Territory, and in the joint authority gave priority to the Territory as having the law of oil and gas No. (22) for the year (2017).
The Secretary of the Council of Ministers of the Kurdistan Region clarified that the constitutional basis for the management of oil in Iraq is Article 112 of the Constitution and not the Central Law Expiring No. 101 of 1976, which was based on the Iraqi Ministry of Oil in its established claim, Stressing that the law expired expired completely violates Article (112) of the Constitution, and the Federal Court in its last session pointed to that fact.
The court spokesman Ayas al-Samuk said, “The Federal Supreme Court held a hearing on 27/6/2018 under the chairmanship of Judge Medhat al-Mahmoud and the presence of all members of the judges and considered the case of the request of the Minister of Oil, in addition to his job of the Minister of Natural Resources, The provisions of the Constitution and the relevant laws in force and hand over the entire oil production in the region to the Federal Oil Ministry. “
He added that “the meeting witnessed the presence of all parties, where the prosecutor and the Minister of Oil in addition to his job that the prosecutor and the Minister of Natural Resources in the Kurdistan region has refrained from delivering crude oil produced from the region to the federal government in addition to that the export of crude oil outside Iraq without the consent of the Federal Government In violation of the provisions of the Constitution and relevant laws. “
Samok pointed out that “the court after having stood on the requests of the plaintiff contained in the petition and in a subsequent list and as the subject matter of the case concerned other parties on the subject, decided in previous sessions the introduction of the Prime Minister, the Federal Minister of Finance, and the Chairman of the Council of Ministers of the region / Third to stand on their constitutional positions on the subject of the lawsuit after it realized that the subject is a dispute between the federal government and the region and the consideration of its competence in accordance with Article (93 / IV) of the Constitution.
The spokesman said that “the court confirmed the receipt of the answer from the Federal Prime Minister and the Federal Minister of Finance / in addition to their job, and did not respond to the answer of the President of the Kurdistan Regional Government / in addition to his job, and after reviewing the answers found that it did not focus on the points required to resolve the case because the subject of the lawsuit rests on the plaintiff To articles 111 and 112 of the Constitution. “
He added that “the Federal Supreme Court found that Article (111) of the Constitution has provided the general rule of oil and gas wealth and its text (oil and gas is the property of all the Iraqi people in all regions and provinces), and Article 112 of the Constitution how to implement the provision of Article (111) And that this is under a law issued by the House of Representatives and the law has not been issued to date. “
He pointed out that “the court wants to stand on how to run the process of application of the provisions of Article (111) of the Constitution, on oil and gas from the start of extraction and through the sale and how to distribute the proceeds of sale and whether there is a law regulating this process other than the law required by Article (112) Which has not yet been issued are there bilateral agreements between the federal government and the provincial government and the governments of oil-producing provinces or other instructions or other, “Accordingly, the Federal Supreme Court asked the parties to the lawsuit and the third persons so that it can resolve the dispute between the Ministry of Oil and the Ministry of Natural Resources In the region In accordance with their terms of reference provided for in the Constitution and for the purpose of enabling them to do so and at their request it is decided to postpone the pleading until 14/8/2018.
The Federal Supreme Court is the largest judicial authority in Iraq, which adjudicates disputes between the federal government and the regions and the constitutionality of laws, regulations, instructions and orders issued by any party.
The Kurdistan Region of Iraq began to export oil independently of Baghdad in 2014 via a line owned by him to the Turkish port of Ceyhan on the Mediterranean Sea, and from there to the world markets.
The KRG continues to export oil abroad, except for the Kirkuk fields, which have been shut down since October 2017 after Iraqi forces regain control of the fields.
The territorial government says Iraq’s constitution does not contain any substance preventing it from developing oil resources in its territory.
The regional government has signed contracts with major international oil companies – including Exxon Mobil, Rosneft and Ginnell – to develop its oil fields, which are pumping between 300,000 and 1,000 barrels a day.