Federal Supreme Court judges that the Kurdistan Regional Government's oil and gas law is unconstitutional and annulled

 

 

 

 

The Federal Court issued its decision in the 59th/Federal (2012) case unified with 110/federal / 2019 on 15 February 2022 which included the ruling that the Oil and Gas Law of the Kurdistan Regional Government No. (22) for 2007 and annulling it for violating the provisions of articles (110, 111, 112, 115, 121 and 130) of the Constitution of the Republic of Iraq for 2005. The regional government is obliged to deliver the entire oil production from oil fields in the Kurdistan Region and other areas from which the Kurdistan Regional Government's Ministry of Natural Resources has extracted oil and delivered it to the Federal Government, which is represented by the Federal Ministry of Oil, and enable it to use its constitutional powers to explore, extract and export oil. The Ministry of Oil has the right to pursue the nullity of the oil contracts concluded by the Kurdistan Regional Government with external parties countries and companies regarding oil exploration, extraction, export, and sale. The Kurdistan Regional Government is also obliged to enable the Iraqi Ministry of Oil and the Federal Board of Supreme Audit to review all oil contracts concluded with the KRG regarding the export and sale of oil and gas for the purpose of auditing it and determining the financial rights of the KRG as a result of it and to determine the region's share of the general budget and in a way that ensures that the rights of citizens of the Kurdistan Region Governorates are delivered from the federal general budget and not delay it and that the federal government and the Federal Board of Supreme Audit shall be notified