BAGHDAD - Hussein star
. Iraq said the
director of the Center for Energy Eng Louay Khatib, the center
completed a consultancy study which was submitted to the Commission on
oil and natural gas, and on the legal agreements and contracts of oil
and gas by the oil ministry, signing the former intends to sign with
the future of global corporations.
د. Khatib expounded that the study was supervised by three experts in
constitutional law and international companies. The expert pointed out
that the advisory opinion concluded that the legal situation is to
invest in Iraq's petroleum resources for the local private sector and
foreign, and to participate with others associated with the condition
of the permanent constitution with a federal law legislation oil and
gas as a general rule, or to invoke the laws in force and the former
force, as an exception, provided a special law for each case of a
: Khatib said that the statement of the advisory opinion on the text:
. According to Iraqi law, which was established
under the Iraqi National Oil Company, particularly Acts No. 97 and 123
for the year 1967 which granted the company exclusive (the rights to
exploit all the land allotted for its work in accordance with the law)
and in the absence of federal law for oil and gas, which should have
been made under the Iraqi constitution Permanent may legally contract
with the local private sector or foreign bodies and companies, or
partnership with others to invest in the oil resources of Iraq, but
under a special law issued in each case a contract or agreement passes
through the stages of the legislative requirements through any of the
House of Representatives of Iraq in particular.
1961 and the end of the completion of the nationalized oil company
concessions Iraq in 1975, which restricted the private sector domestic
and foreign oil and to participate with others to invest in the oil
resources of Iraq, but the passing of the law authorizing any contract
or agreement in each case separately.
ا. Let the reference to the integration of the Iraqi National Oil
Company, Ministry of Oil in the year 1987 under the law 101 of 1975,
who organized the work of the Ministry of Oil and Act No. 84 of 1985
(relating to the maintenance of oil wealth) did not change the legal
status of any investment for the modification or abolition of laws
relating to the limitations contained the right of both the domestic
and foreign private investment in the petroleum resources of Iraq and
therefore the situation remains as it is has not changed a thing and
said that the permanent constitution Pmadte 129, 130 on the existing
legislation into force until repealed or amended.
. In addition, no no amend or cancel the requirement of this law in
cases of contracts with public referred to in the constitutional texts
of the interim 1970 1990.
Confirmed by the corpus of the period prior to the year 2003, which
remained in force in accordance with Article 61 of the Code of the
Coalition Provisional Authority, according to the Iraqi investment law,
the Federal 2006 and on the basis as stipulated in the Permanent
Constitution of the Republic of Iraq, articles 129 and 130 of the
approval for the entry into force of such laws and may not be canceled,
but and issued in accordance with the legislation and published in the
. Although the articles 111 and 112 of the Iraqi
Constitution in 2005 to provide a constitutional cover to abolish the
laws of the pre-2003 era, but those laws are not repealed those laws
remained in force and effect and in accordance with the provisions of
articles 129 and 130 of the Iraqi Constitution to repeal legislation,
but may, in accordance with the laws to be issued later and published
in the Official Gazette.
: The conclusion which we have listed the legislative texts in force to achieve the following results:
1. 1. لاي
. Does not allow the Federal Oil Ministry contracts or enter into any
agreements to allow the local private sector or foreign investment in
oil resources of Iraq, but under federal law for oil and gas in
accordance with the permanent constitution of 2005 as a general rule.
2. 2. لايس
. Aisaf to the Oil Ministry to resort to the former bill of law as a
legitimate force, because those other laws are required by law in each
case a special contract or agreement (together with the decisions of
the dissolved Revolutionary Command Council) for approval, and the
mandate of the contracts signed with Lukoil official Lucy. That. me.
Norenko CNN and the Chinese. LG. Petrovinam Indian and CNN, and
Pertamina of Indonesia.
3. 3. ا
. The pursuit of the Oil Ministry to sign the contracts without the
cover of constitutional ratification in Parliament is taking the law in
each case makes a special ministry in the case of an explicit exit on
the Shariah in addition to the constitutional invalidity of such
actions from a legal standpoint to lack of legal cover.
4. 4. . The Ministry of Oil as part of the executive branch and on the
jurisdiction in this matter suggests that it can not contract in
In summary, this advisory opinion is the legal status of the investment
in Iraq's oil resources by domestic and foreign private sectors and to
participate with others associated with the Constitution's
requirements, including the permanent legislation for a federal oil and
gas as a general rule, or to invoke force the previous laws in force,
provided an exception in each case the law of particular contracts. In
conclusion, it is necessary to initiate the House of Representatives to
correct the matter, but is has the full responsibility.
The province of Kurdistan issued a law for the local regional oil and gas in the year 2007. http://translate.google.com/translat...3Dv1P%26sa%3DG