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Exclusive: Iraq’s Highest Court Rules on Oil Law

Shuraa Council Judgement

Al-Ghad is pleased to publish, exclusively, two confidential documents. The first is from the highest legal body in Iraq (the Shuraa Council) regarding the Draft Oil Law. The second is a covering letter addressed to the General Secretary of the Iraq Cabinet. Both are private. The documents reveal confusion and chaos in the higher levels of government-related affairs regarding oil policy.


The original scanned documents

Transcript of the first document

Transcript of the second document

The first document is (3 pages) from the State Shuraa Council (High Legal & Constitutional Consultants), dated 31 May, 2007. This high Legal office is part of the Iraqi Ministry of Justice. The Shuraa Council submitted 13 legal comments on the Draft Oil & Gas Law. These were enclosed in a memorandum addressed to the Iraqi Cabinet on 11 June, 2007.

It begins by stating that the Shuraa Council had to rush its judgement without waiting to receive the comments of the relevant Ministries, as these had consistently failed to reply to the Shuraa requests for their own input on the Draft Law.

The other comments contain basic objections to the Draft Oil Law, as the Draft Law refers to the powers of the Iraq National Oil Company, although the company in question has to be set up before the Legislating the Oil Law.

There are several comments which advise that the Oil contracts on development and production and other aspects of the oil industry in the country should be exclusively under the control of the Iraqi Central Government. These, and other rulings of the Shuraa Council on the Draft Oil Law makes clear that the oil industry in Iraq should be exclusively under public control, in stark contrast with the wishes of the US demands expressed crudely as reported in the international press.

These rulings or ‘Observations’, make it quite difficult for the Iraqi Prime Minister to push the Draft Oil Law through a rebellious Iraqi Parliament.

The second document (a single page, with the Cabinet logo) is written by a high official whose name was cropped by the printer. It carries the Cabinet logo, and is addressed to the General Secretary of the Cabinet.

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