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Context of 'June 14, 2005: Iraq Oil Ministry Aims to Have Foreign Oil Companies Working In Iraq before End of 2006'

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The Future of Iraq dossier cover.The Future of Iraq dossier cover. [Source: Representational Pictures]The US State Department begins the “Future of Iraq” project aimed at developing plans for post-Saddam Iraq. The project eventually evolves into the collaborative effort of some 17 working groups involving more than 200 exiled Iraqi opposition figures and professionals including jurists, academics, engineers, scientists, and technical experts. These groups meet on numerous occasions over the next eight to ten months, preparing plans to address a wide range of issues. The 17 working groups include: Public Health and Humanitarian Needs; Water, Agriculture and the Environment; Public Finance and Accounts; Transitional Justice; Economy and Infrastructure; Refugees and Internally Displaced Persons, and Migration Policy; Foreign and National Security Policy; Defense Institutions and Policy; Civil Society Capacity-Building; Public and Media Outreach; Economic and Infrastructure; Local Government; Anti-Corruption Measures; Oil and Energy; Education; Free Media; and Democratic Principles. [US Department of State, 1/22/2002; United Press International, 6/5/2002; US Department of State, 10/4/2002; US Department of State, 10/11/2002; US Department of State, 10/11/2002; Assyrian International News Agency, 10/31/2002; Washington File, 12/16/2002; Washington File, 12/16/2002; US Department of State, 12/19/2002; Washington File, 2/3/2003; Detroit Free Press, 2/10/2003; US Department of State, 2/12/2003; US Department of State, 4/23/2003 pdf file; New York Times, 10/19/2003; US News and World Report, 11/25/2003]
Problems and Setbacks - The project suffers from a serious lack of interest and funds. In July, The Guardian reports: “Deep in the bowels of the US State Department, not far from the cafeteria, there is a small office identified only by a handwritten sign on the door reading: ‘The Future of Iraq Project.‘… [T]he understaffed and underfunded Future of Iraq Project has been spending more effort struggling with other government departments than plotting Saddam’s downfall.” [Guardian, 7/10/2002] More than a month after the invasion, several of the project’s 17 working groups will still have not met. [Roberts, 2008, pp. 126]
Achievements - The $5 million project ultimately produces 13 volumes of reports consisting of some 2,000 pages of what is described as varying quality. The New York Times will later report, “A review of the work shows a wide range of quality and industriousness.” [New York Times, 10/19/2003] The newspaper cites several examples:
bullet “[T]he transitional justice working group, made up of Iraqi judges, law professors, and legal experts… met four times and drafted more than 600 pages of proposed reforms in the Iraqi criminal code, civil code, nationality laws and military procedure.” [New York Times, 10/19/2003]
bullet “The group studying defense policy and institutions expected problems if the Iraqi Army was disbanded quickly.… The working group recommended that jobs be found for demobilized troops to avoid having them turn against allied forces.” [New York Times, 10/19/2003]
bullet “The democratic principles working group wrestled with myriad complicated issues from reinvigorating a dormant political system to forming special tribunals for trying war criminals to laying out principles of a new Iraqi bill of rights.” [New York Times, 10/19/2003]
bullet “The transparency and anticorruption working group warned that ‘actions regarding anticorruption must start immediately; it cannot wait until the legal, legislative and executive systems are reformed.’” [New York Times, 10/19/2003]
bullet “The economy and infrastructure working group warned of the deep investments needed to repair Iraq’s water, electrical, and sewage systems.” [New York Times, 10/19/2003]
bullet “The free media working group noted the potential to use Iraq’s television and radio capabilities to promote the goals of a post-Hussein Iraq.” [New York Times, 10/19/2003]
Impact of the Project's Work - After the US and British invasion of Iraq, Knight Ridder will report, “Virtually none of the ‘Future of Iraq’ project’s work was used.” [Knight Ridder, 7/12/2003] It was “ignored by Pentagon officials,” the New York Times will also observe. [New York Times, 10/19/2003] Iraq expert and former CIA analyst Judith Yaphe, who is one of the American experts involved in the “Future of Iraq” project, will tell American Prospect magazine in May 2003: “[The Office of the Secretary of Defense] has no interest in what I do.” She will also complain about how the Defense Department prevented the State Department from getting involved in the post-war administration of Iraq. “They’ve brought in their own stable of people from AEI [American Enterprise Institute], and the people at the State Department who worked with the Iraqi exiles are being kept from [Jay] Garner,” she will explain. [American Prospect, 5/1/2003] One of those people is Tom Warrick, the “Future of Iraq” project director. When retired Lt. Gen. Jay Garner, the first US administrator in Iraq, requests that Warrick join his staff, Pentagon civilians veto the appointment. [Knight Ridder, 7/12/2003; New York Times, 10/19/2003] Other sources will also say that the Pentagon purposefully ignored the work of the “Future of Iraq” project. Air Force Lt. Col. Karen Kwiatkowski, who retires from the Pentagon’s Near East/South Asia bureau on July 1, will tell Knight Ridder Newspapers that she and her colleagues were instructed by Pentagon officials in the Office of Special Plans to ignore the State Department’s concerns and views. “We almost disemboweled State,” Kwiatkowski will recall. [Knight Ridder, 7/12/2003] After the fall of Saddam Hussein, critics will say that several of the post-war problems encountered could have been avoided had the Pentagon considered the warnings and recommendations of the “Future of Iraq” project. [American Prospect, 5/1/2003; New York Times, 10/19/2003]

Entity Tags: US Department of State, Jay Garner, Judith Yaphe, US Department of Defense, Tom Warrick, Karen Kwiatkowski

Timeline Tags: Events Leading to Iraq Invasion

The Oil and Energy Working Group, one of 17 such groups working under the US State Department’s “Future of Iraq” project (see April 2002-March 2003), meets to discuss plans for the oil industry in a post-Saddam Hussein Iraq. The only known member of the 15-member group is Ibrahim Bahr al-Ulum, who will become Iraq’s oil minister after the invasion. Other people likely involved include Ahmed Chalabi of the Iraqi National Congress, Sharif Ali Bin al Hussein of the Iraqi National Congress; recently defected personnel from Iraq’s Ministry of Petroleum; the former Iraqi head of military intelligence; Sheikh Yamani, the former Oil Minister of Saudi Arabia; and unnamed representatives from the US Energy Department. The responsibilities of this working group include: (1) developing plans for restoring the petroleum sector in order to increase oil exports to partially pay for a possible US military occupation government. (2) reconsidering Iraq’s continued membership in the Organization of Petroleum Exporting Countries (OPEC) and “whether it should be allowed to produce as much as possible or be limited by an OPEC quota.” (3) “consider[ing] whether to honor contracts made between the Hussein government and foreign oil companies, including the US $3.5 billion project to be carried out by Russian interests to redevelop Iraq’s oilfields.”] [Oil and Gas International, 10/30/2002; Observer, 11/3/2002; US Department of State, 12/19/2002; Financial Times, 4/7/2003; Financial Times, 9/5/2003; Muttitt, 2005] By April 2003, the working group will have met a total of four times. One of the policies they agree on is that Iraq “should be opened to international oil companies as quickly as possible after the war” and that development of Iraq’s oil fields should be done through the use of Production Sharing Agreements (PSAs). Under a typical PSA, oil ownership remains with the state, while exploration and production are contracted to the private companies under highly favorable terms. [Muttitt, 2005; Los Angeles Times, 12/8/2006]

Entity Tags: Ahmed Chalabi, Sheikh Yamani

Timeline Tags: Events Leading to Iraq Invasion

Hamid Bayati, spokesperson for the Supreme Council for the Islamic Revolution in Iraq (SCIRI), tells the Washington Post: “If [Bremer] is going to appoint an administration, we can’t be part of that. We will only be part of an administration selected by the Iraqi people. There are certain lines which we cannot cross.” [Washington Post, 6/8/2003]

Entity Tags: Hamid Bayati

Timeline Tags: Events Leading to Iraq Invasion, Iraq under US Occupation

Iraqi oil minister Ibrahim Bahr al-Ulum tells the Financial Times that Iraq is preparing plans for the privatization of the country’s oil sector. He says he supports the “full privatization of downstream installations, such as refineries, but [says] he would back production-sharing contracts upstream,” the newspaper reports. He adds that US, possibly European, oil companies will be given priority. But he also says the decision will not be made until Iraq has an elected government. “The new elected government at the end of the transitional period will decide this issue,” he tells the Times. “The Iraqi oil sector needs privatization, but it’s a cultural issue,” he explains. “People lived for the last 30 to 40 years with this idea of nationalism.” Al-Ulum—a US-trained petroleum engineer who lived in London from 1992 until the overthrow of Hussein—was part of a working group organized by the State Department’s Future of Iraq Project before the invasion (see December 20-21, 2002). [Financial Times, 9/5/2003]

Entity Tags: Ibrahim Bahr al-Ulum

Timeline Tags: Events Leading to Iraq Invasion, Iraq under US Occupation

June 2004: New Iraqi Oil Minister Appointed

Thamir al-Ghadban is appointed as Iraq’s minister of oil. Al-Ghadban is a British-trained petroleum engineer and former senior adviser to Ibrahim Bahr al-Uloum, Iraq’s previous oil minister under the US-appointed Iraqi Governing Council. [Muttitt, 2005]

Entity Tags: Thamir al-Ghadban

Timeline Tags: Events Leading to Iraq Invasion, Iraq under US Occupation

At the Asia Oil and Gas Conference in Kuala Lumpur, Natik al-Bayati, director general of Iraq’s Oil Exploration Company, tells reporters that Iraqi officials are hoping that foreign oil companies will return to Iraq and begin working by the third quarter of 2006. “Hopefully by the first quarter of 2006 the companies will come back. Maybe by mid-year or the third quarter [of 2006]. This is what we have in mind,” he says. He explains that the objective is to increase production to 3.5 million-4 million barrels per day by 2010. To meet this goal, Iraq’s exploration sector will need between $15 billion and $20 billion, he says. [International Oil Daily, 6/15/2005] Iraq will have to begin negotiating with the oil companies this year in order to make that deadline. As one observer notes, this would be taking place “before a legitimate Iraqi government is elected and in parallel with the writing of a Petroleum Law. This time frame means that contracts will be negotiated without public participation or debate, or proper legal framework.” [Muttitt, 2005]

Entity Tags: Natik al-Bayati

Timeline Tags: Iraq under US Occupation

Iraq’s new oil minister, Hussein al-Shahristani, says that Iraq will need international assistance and billions of dollars in investment to develop its oil sector. “There is need to pass an oil and gas law to guarantee the right conditions for international companies to help develop the Iraqi oil sector,” he says. [Dow Jones Newswires, 5/23/2006]

Entity Tags: Hussein al-Shahristani

Timeline Tags: Iraq under US Occupation

July 2006: Draft of Iraq Oil Law Completed

A draft for a new Iraq oil law is completed. The proposed law was drawn up by three Iraqis—Tariq Shafiq, Farouk al-Qassem, and Thamir al-Ghadban—who have been working on it for three months. Shafiq is the director of the oil consultant firm Petrolog & Associates and was the founding director of Iraq’s National Oil Company in 1964. Ghadban recently served as the country’s oil minister (see June 2004). [United Press International, 5/2/2007] One provision in the draft law lists production sharing agreements (PSAs) as one type of contract that could be used to govern private sector involvement in the development of Iraq’s oil sector. Under PSAs, oil companies would claim up to 75 percent of all profits until they have recovered initial drilling costs, after which point they would collect about 20 percent. These terms are more favorable to investors than typical PSAs, which usually give about 40 percent to the company before costs are recovered and only 10 percent afterwards. Even when the price of oil was as low as $25 per barrel, the lower paying PSAs were profitable for companies. Critics say that the oil companies want to negotiate and sign the PSAs with Iraq before the country is stabilized so they can argue that the political risk of doing business in Iraq warrants higher profit shares. But then they would wait until after the situation has improved before moving in. Iraq would be the first Middle Eastern country with large oil reserves to use PSAs. Other countries have avoided PSAs because they are widely thought to give more control to companies than governments. James Paul of the Global Policy Forum will tell the Independent: “The US and [Britain] have been pressing hard on this. It’s pretty clear that this is one of their main goals in Iraq.” The Iraqi authorities, he says, are “a government under occupation, and it is highly influenced by that. The US has a lot of leverage… Iraq is in no condition right now to go ahead and do this.” Critics also suggest the companies’ shares of profits should be lower than typical PSAs, if anything, since Iraq’s oil is so accessible and cheap to extract. Paul explains: “It is relatively easy to get the oil in Iraq. It is nowhere near as complicated as the North Sea. There are super giant fields that are completely mapped, [and] there is absolutely no exploration cost and no risk. So the argument that these agreements are needed to hedge risk is specious.” [Independent, 1/7/2007] Immediately after this draft is completed, it is shared with the US government and oil companies (see July 2006). In September it will be reviewed by the International Monetary Fund (see September 2006). Iraqi lawmakers will not see the document until early 2007. The provision mentioning PSAs will be axed from the final draft due to Iraqi opposition (see February 15, 2007).

Entity Tags: Thamir al-Ghadban, Farouk al-Qassem, Tariq Shafiq

Timeline Tags: Iraq under US Occupation

The US government and major oil companies are given the opportunity to review the latest draft of a new oil law for Iraq (see July 2006). The draft has yet to be seen by Iraqi lawmakers. [Independent, 1/7/2007]

Entity Tags: United States

Timeline Tags: Iraq under US Occupation

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

A committee made up of ministers and politicians from the main Shiite, Sunni Arab, and Kurdish blocs begins final negotiations on a proposed oil law that will govern the development of Iraq’s oil sector. The latest draft of the oil law was completed several months ago (see July 2006). While Iraqi legislators have yet to see law, it has already been reviewed by the US government and major oil companies (see July 2006), as well as the International Monetary Fund (see September 2006). According to the New York Times, “Gen. George W. Casey Jr., the senior American commander here, and Zalmay Khalilzad, the American ambassador, have urged Iraqi politicians to put the oil law at the top of their agendas, saying it must be passed before the year’s end.” The major issue of contention concerns how oil revenue will be distributed. Most Sunni communities are located in provinces where there is little or no oil. Consequently, they are arguing that revenue should be controlled by the central government and then distributed equitably among Iraq’s provinces. Their position is supported by the Shiites. But the Kurds, who live in the oil-rich north, strongly disagree arguing that the constitution guarantees the regions absolute authority in those matters. [New York Times, 12/9/2006]

Entity Tags: George Casey, Zalmay M. Khalilzad, Iraq

Timeline Tags: Iraq under US Occupation

Iraq’s Oil Committee (see October 2006) agrees on what is said at this time to be the final draft of the oil law. Instead of specifying the use of production sharing agreements, as a previous draft did (see July 2006), this draft calls for the creation of a federal committee that would determine what kinds of contracts can be used for hiring oil companies to help develop Iraq’s oil sector. The next step is for the law to be approved by the Iraqi cabinet. [Iraq Oil Committee, 1/15/2007; Reuters, 1/17/2007] This happens on February 15 (see February 15, 2007).

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

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