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Context of 'February 6, 2007: Head of Federation of Oil Unions in Basra Condemns Proposed Oil Law'

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Prominent Shiite Iraqi opposition groups join the Iraqi National Congress, a creation of the CIA (see June 1992), and hold a meeting in Kurdish-controlled northern Iraq where they select a three-man leadership council and a 26-member executive council. The three leaders include moderate Shiite Muslim cleric Muhammad Bahr al-Ulum; ex-Iraqi general Hasan Naqib; and Masud Barzani. Ahmed Chalabi, who is reportedly not at all popular among the exiles present, is somehow selected to chair the executive council. This event represents the first major attempt to bring together the many different groups in Iraq opposed to Saddam Hussein. [Federation of American Scientists, 8/8/1998; New Yorker, 6/7/2004]

Entity Tags: Iraqi National Congress, Kurdistan Democratic Party, Ahmed Chalabi, Hasan Naqib, Muhammad Bahr al-Ulum, Masud Barzani

Timeline Tags: Events Leading to Iraq Invasion

The International Monetary Fund is reportedly given the opportunity to review the latest draft of Iraq’s proposed oil law. The draft was sent to the US government and oil companies in July (see July 2006). [Independent, 1/7/2007]

Entity Tags: International Monetary Fund

Timeline Tags: Iraq under US Occupation

Hasan Jum`ah `Awwad al-Asadi, head of the Federation of Oil Unions in Basra, condemns the draft oil law (see January 16, 2007) and argues that Iraqis are fully capable of managing their own industry. “They have the experience in the field and the technical training, have overcome hardships and proven to the world that they can provide the best service to Iraqis in the oil industry,” he says. “The best proof of that is how after the entry of the occupying forces and the destruction of the infrastructure of the oil sector the engineers, technical staff and workers were able to raise production from zero to 2,100,000 barrels per day without any foreign expertise or foreign capital. Iraqis are capable of further increasing production with their present skills. The Iraqi state needs to consult with those who have overcome the difficulties and to ask their opinion before sinking Iraq into an ocean of dark injustice. Those who spread the word that the oil sector will not improve except with foreign capital and production-sharing are dreaming. They must think again since we know for certain that these plans do not serve the sons and daughters of Iraq.” [General Union of Oil Employees in Basra, 2/6/2007]

Entity Tags: Hasan Jum`ah `Awwad al-Asadi

Timeline Tags: Iraq under US Occupation

Changes are again made to the draft of the proposed Iraqi oil law. [Asia Times, 2/28/2007] According to this draft:
bullet Foreign corporations would have access to nearly every sector of Iraq’s oil and natural gas industry, including service contracts on existing fields that are already being managed and operated by the Iraqi National Oil Company (INOC). For fields that have been discovered, but which are not currently being developed, the law would require INOC to be a partner in developing these fields. But the new oil law does not require participation of the INOC or any private Iraqi companies in contracts for fields that have not yet been discovered. In such cases, the new law would permit foreign companies to have full access. [Iraqi Council of Ministers, 2/2007; Inter Press Service, 2/28/2007; Asia Times, 2/28/2007]
bullet Companies contracted to develop oil fields would be given exclusive control of fields for up to 35 years, and would be guaranteed profits for 25 years. Foreign companies would not be required to partner with an Iraqi company or reinvest any of its profits in the Iraqi economy. Nor would they have to employ or train Iraqi workers, or engage in any other effort to transfer technology and skills to the Iraqis. [Iraqi Council of Ministers, 2/2007; Asia Times, 2/28/2007]
bullet An Iraqi Federal Oil and Gas Council would be established and given the ultimate decision-making authority in determining what kinds of contracts could be used to develop Iraq’s oil and what would be done with the existing exploration and production contracts already signed with French, Chinese, Russian, and other foreign companies. The law states that council members would include, among others, “executive managers from important related petroleum companies.” As an article in the Asian Times notes, “[I]t is possible that foreign oil-company executives could sit on the council. It would be unprecedented for a sovereign country to have, for instance, an executive of ExxonMobil on the board of its key oil-and-gas decision-making body.” There is no language in the law that would prevent foreign corporate executives sitting on the council from making decisions about their own contracts. And there is no requirement that a quorum be present when making decisions. The Asian Times article notes, “Thus, if only five members of the Federal Oil and Gas Council met—one from ExxonMobil, Shell, ChevronTexaco and two Iraqis—the foreign company representatives would apparently be permitted to approve contacts for themselves.” The new law does not specify what kind of oil agreements could be signed between Iraq and private firms to develop Iraq’s oil. Rather it leaves this question to the council, which would be permitted to approve and rewrite contracts using whatever type is agreed upon by a “two-thirds majority of the members in attendance.” Previous drafts of the law had specifically mentioned production sharing agreements (PSAs), a controversial type of contract that is favored by the oil companies. [Asia Times, 2/28/2007] That model, favored by the US and by oil companies, was opposed by many Iraqis, including Iraqi oil professionals, engineers, and technicians in the unions. The Iraqis prefer technical service contracts, like the ones used in Kuwait, Saudi Arabia, and Iran. Under such contracts foreign companies would be allowed to participate in the development of oil fields, but only for a limited time. [Democracy Now!, 2/20/2007] The companies would be paid to build a refinery, lay a pipeline, or offer consultancy services, but then would leave afterwards. This type of arrangement would help transfer technical expertise and skills to Iraqis. “It is a much more equitable relationship because the control of production, development of oil will stay with the Iraqi state,” notes Ewa Jasiewicz, a researcher at PLATFORM, a British human rights and environmental group that monitors the oil industry. She notes that no other country in the Middle East that is a large oil producer would ever sign a PSA because it’s “a form of privatization and… it’s not in their interests.” Critics also note that the signing of PSA agreements with US oil companies would add fuel to the unrest in Iraq and that the US would attempt to legitimize its continuing presence in Iraq with assertions about the need to safeguard US business interests. [Inter Press Service, 2/28/2007]
bullet Iraq’s national government would not have control over production levels. Rather, the contractee developing a field—e.g., the INOC, or a foreign or domestic company—would be able to decide how much oil to produce. However, the document does say: “In the event that, for national policy considerations, there is a need to introduce limitations on the national level of petroleum production, such limitations shall be applied in a fair and equitable manner and on a pro rata basis for each contract area on the basis of approved field-development plans.” But it does not specify who has the authority to introduce such nation-wide limitations or how production levels might be lowered in a “fair and equitable manner.” The language appears to signify that Iraq would no longer work with OPEC or other similar organizations. [Iraqi Council of Ministers, 2/2007; Asia Times, 2/28/2007]
bullet Oil revenues would be distributed to all of Iraq’s 18 provinces according to their population sizes. Regional administrations, not Iraq’s central government, would have the authority to negotiate contracts with foreign oil companies, monitor contracts, and deal with small disputes. But the ultimate authority would lie with the Federal Oil and Gas Council which would be able to veto decisions made by regional authorities. Critics say this arrangement almost encourages the split of Iraq into three different regions or even three different states. According to Raed Jarrar, Iraq Project Director for Global Exchange, a situation like this would mean that “Iraqis in different provinces will start signing contracts directly with foreign companies and competing between themselves, among themselves, among different Iraqi provinces, to get the oil companies to go… there without any centralized way in controlling this and thinking of the Iraqi interest and protecting Iraq as a country.” [Iraqi Council of Ministers, 2/2007; Inter Press Service, 2/28/2007]

Entity Tags: United States, Ewa Jasiewicz, Iraq, Raed Jarrar

Timeline Tags: Iraq under US Occupation

The Iraqi Centre for Strategic Studies hosts a conference in Amman, Jordan attended by prominent Iraqi parliamentarians, politicians, ex-ministers, and oil technocrats. At the conference, attendees urge Iraqi legislators to reject the proposed oil law (see February 15, 2007), saying that it will only further divide the country. Mohammed Bashar al-Faidhi, spokesman of the Association of Muslim’ Scholars, says: “We call on members of the parliament to reject this law. This critical draft law would revive foreign companies’ control on Iraqi oil wealth that Iraq had gotten rid of years ago.” Saleh al-Mutlak, head of the National Dialogue party, similarly states: “Iraqis are suspicious that if the law is passed at this critical time that Iraq is passing through, they would think it would be passed in order to serve the interest of foreign companies. This law would also further divide the Iraqi people because most of them would oppose it.” Issam al-Chalabi, former Iraqi oil minister during the government of Saddam Hussein, notes that prominent Iraqi oil experts were not permitted participate in the drafting of the law and that it has never been reported on by the media so Iraqis are unaware of its implications. “Enough time should be given to draft the law before submitting it to the parliament for approval,” al-Chalabi says. [Dow Jones Newswires, 3/10/2007]

Entity Tags: Saleh al-Mutlak, Issam al-Chalabi, Mohammed Bashar al-Faidhi, Iraqi Centre for Strategic Studies

Timeline Tags: Iraq under US Occupation

On June 4, oil workers in Basra go on strike, shutting down a number of oil and gas pipelines. They want better working conditions, pay, land for homes, lower fuel prices, and a role in the drafting of the controversial oil law (see January 16, 2007). [General Union of Oil Employees in Basra, 6/4/2007] Hasan Jum`ah `Awwad al-Asadi, president of the Iraqi Federation of Oil Unions, which represents more than 26,000 workers, says the union is against the oil law because it will give foreign companies too much control over Iraq’s oil. “First of all, we are against the production sharing agreements,” Awad told United Press International several days earlier. [United Press International, 5/24/2007] In response, Prime Minister Nouri al-Maliki orders the arrest of Awwad and other union leaders on June 6 for “sabotaging the economy” and sends Iraqi troops to surround the strikers. [United Press International, 6/6/2007] Soon after, a delegation sent by Maliki agrees to form a government committee to address the workers’ complaints about labor conditions, wages, and the oil law. The two sides come to a tentative agreement and on June 11, the strike is called off. [United Press International, 6/11/2007]

Entity Tags: General Union of Oil Employees in Basra, Hasan Jum`ah `Awwad al-Asadi, Nouri al-Maliki

Timeline Tags: Iraq under US Occupation

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