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Iraq under US Occupation

The Oil Law

Project: Iraq Under US Occupation
Open-Content project managed by AJB, KJF, mtuck

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Deputy Defense Secretary Paul Wolfowitz tells the House of Representatives Appropriations Committee that Iraq’s oil wealth will help fund post-war reconstruction. “There’s a lot of money to pay for this that doesn’t have to be US taxpayer money, and it starts with the assets of the Iraqi people,” he says. “On a rough recollection, the oil revenues of that country could bring between $50 billion and $100 billion over the course of the next two or three years.” [St. Petersburg Times, 4/2/2003; Financial Times, 1/16/2004] He adds, “We’re dealing with a country that can really finance its own reconstruction, and relatively soon.” [New York Times, 10/5/2003; CNN, 4/15/2004]

Entity Tags: Paul Wolfowitz

Timeline Tags: Events Leading to Iraq Invasion

Category Tags: Economic Reconstruction, The Oil Law

The State Department’s Oil and Energy Working Group, part of the Future of Iraq project, completes its formal policy recommendations for Iraq’s post-Saddam Hussein oil policy. The group comes out in strong favor of an oil policy that would rely on production sharing agreements to manage the relationship between Iraq and oil companies. It states: “Key attractions of production sharing agreements to private oil companies are that although the reserves are owned by the state, accounting procedures permit the companies to book the reserves in their accounts, but, other things being equal, the most important feature from the perspective of private oil companies is that the government take is defined in the terms of the [PSA] and the oil companies are therefore protected under a PSA from future adverse legislation.” The group further specifies that the terms of any PSAs signed with Iraq must be attractive to foreign capital. “PSAs can induce many billions of dollars of foreign direct investment into Iraq, but only with the right terms, conditions, regulatory framework, laws, oil industry structure and perceived attitude to foreign participation.” The Financial Times notes, “Production-sharing deals allow oil companies a favourable profit margin and, unlike royalty schemes, insulate them from losses incurred when the oil price drops. For years, big oil companies have been fighting for such agreements without success in countries such as Kuwait and Saudi Arabia.” [US Department of State, 4/2003; Financial Times, 4/7/2003; Muttitt, 2005]

Entity Tags: US Department of State

Timeline Tags: Events Leading to Iraq Invasion

Category Tags: The Oil Law

The US sends hundreds of economic advisers to Iraq to serve in the new government’s ministries. The advisers reportedly have a decisive say on most matters. [Inter Press Service, 12/24/2004]

Entity Tags: United States

Category Tags: Economic Reconstruction, Political Administration, The Oil Law

Philip Carroll, the chief adviser to the new Iraqi government’s oil ministry, tells the Washington Post that Iraq might end its membership in OPEC. “[Iraqis] have from time to time, because of compelling national interest, elected to opt out of the quota system and pursue their own path…. [The new Iraqi government] may elect to do that same thing.” But Carroll later tells investigative reporter Greg Palast that he personally would not have supported privatization. “Nobody in their right mind would have thought of doing that,” he later explains. [Washington Post, 5/17/2003, pp. E01]

Entity Tags: Philip J. Carroll

Timeline Tags: Events Leading to Iraq Invasion

Category Tags: The Oil Law

Within months of the invasion of Iraq, the International Tax and Investment Centre, a Washington-based lobby group for the oil industry, solicits financial contributions from oil companies, including BP and Shell, for a special “Iraq project.” [Observer, 3/4/2007]

Entity Tags: International Tax and Investment Centre

Category Tags: Economic Reconstruction, The Oil Law

Philip Carroll, the chief adviser to the new Iraqi government’s oil ministry, and Gary Vogler, another adviser, resign and are replaced by Rob McKee, a former vice president of ConocoPhillips, and Terry Adams of BP Oil. [Muttitt, 2005; Harper's, 4/2005, pp. 75]

Entity Tags: Gary Vogler, Philip J. Carroll, Rob McKee, Terry Adams

Timeline Tags: Events Leading to Iraq Invasion

Category Tags: The Oil Law

Iraqi Prime Minister Iyad Allawi provides the Supreme Council for Oil Policy with a set of guidelines upon which the council is to base its petroleum policy. According to the guidelines, fields currently in production should continue to be developed by the Iraq National Oil Company (INOC), but development of all other fields should be contracted to private oil firms through production sharing agreements (PSAs). Eighty oilfields are known to exist in Iraq, but only 17 of them are currently being developed. Under the policy advocated by Allawi, the remaining 63 would be operated by the oil companies. New fields, according to Allawi, should be developed exclusively by the private sector. [Deutsche Presse-Agentur (Hamburg), 9/13/2003; Agence France-Presse, 9/26/2003; Muttitt, 2005] One critic of this proposed policy will later note that since Iraq’s 17 known fields “represent only 40 billion of Iraq’s 115 billion barrels of known oil reserves, the policy to allocate undeveloped fields to foreign companies would give those companies control of 64 percent of known reserves. If a further 100 billion barrels are found, as is widely predicted, the foreign companies could control as much as 81 percent of Iraq’s oil; if 200 billion are found, as the Oil Ministry predicts, the foreign company share would be 87 percent. Given that oil accounts for over 95 percent of Iraq’s government revenues, the impact of this policy on Iraq’s economy would be enormous.” [Muttitt, 2005] Another one of Allawi’s recommendations is that the INOC should be partially privatized. Allawi also feels that Iraqis should avoid spending time negotiating with the oil companies, and instead agree to whatever terms the companies will accept, with a possibility of renegotiating the contracts at a later date. [Deutsche Presse-Agentur (Hamburg), 9/13/2003; Agence France-Presse, 9/26/2003; Muttitt, 2005]

Entity Tags: Iyad Allawi

Category Tags: Economic Reconstruction, Neoliberal Reforms, The Oil Law, Production Sharing Agreements

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

Category Tags: The Oil Law

Rob McKee, chief advisor to Iraq’s oil ministry, commissions a new plan for Iraq’s oil industry, which is intended to replace the Pentagon’s original plan for privatization. The plan is written by State Department Contractor BearingPoint, but significant input comes from oil industry consultants and executives. BearingPoint’s work is overseen by Amy Jaffe of the James A. Baker III Institute for Public Policy of Rice University. [Democracy Now!, 3/21/2005; Harper's, 4/2005, pp. 75]

Entity Tags: Rob McKee, Amy Myers Jaffe, BearingPoint

Timeline Tags: Events Leading to Iraq Invasion

Category Tags: The Oil Law

BearingPoint and Amy Jaffe complete the State Department-commissioned plan for Iraq’s oil industry (see November 2003). The 323-page document, titled Options for Developing a Long Term Sustainable Iraqi Oil Industry, lays out seven possible models for Iraq’s oil industry, none of which is privatization. “The seven options [range] from the Saudi Aramco model, in which the government owns the whole operation from reserves to pipelines, to the Azerbaijan model, in which the state-owned assets are operated almost entirely by ‘OICs’ (International Oil Companies),” Greg Palast reports. The plan seems to favor the production-sharing agreement (PSA) model, in which oil reserves are owned by the state but operated and controlled by foreign oil companies that earn a percentage of oil sales. [Harper's, 4/2005, pp. 75] “Using some form of [production sharing agreements] with a competitive rate of return has proved the most successful way to attract [international oil company] investment to expand oil productive capacity significantly and quickly,” the report says. [United States Agency for International Development, 12/19/2005, pp. 50 pdf file] The document makes it clear that in order to secure sufficient investment, the Iraqi government will have to offer OICs a generous portion of the oil proceeds. “Countries that do not offer risk-adjusted rates of return equal to or above other nations will be unlikely to achieve significant levels of investment, regardless of the richness of their geology,” the plan states flatly. As a case in point, the plan highlights the Azerbaijan system which it notes has “been able to partially overcome their risk profile and attract billions of dollars of investment but offering a contractual balance of commercial interests within the risk contract.” [BBC Newsnight, 3/17/2005; Democracy Now!, 3/21/2005; Harper's, 4/2005, pp. 75; United States Agency for International Development, 12/19/2005 pdf file] Jaffe later explains to reporter Greg Palast that the oil industry prefers state ownership of Iraq’s oil over privatization because it fears a repeat of Russia’s energy privatization, which barred US oil companies from bidding on its reserves. Furthermore, another reason the oil companies oppose the neoconservatives’ privatization scheme is because they have no desire to undermine OPEC as they have no problem with high oil prices. “I’m not sure that if I’m the chair of an American company, and you put me on a lie detector test, I would say high oil prices are bad for me or my company,” she acknowledges to Palast. Similarly, a former Shell oil boss tells Palast that the interests of the neoconservatives, who were calling for total privatization, and the oil companies are “absolutely poles apart.” He says: “Many neoconservatives are people who have certain ideological beliefs about markets, about democracy, about this, that and the other. International oil companies, without exception, are very pragmatic commercial organizations. They don’t have a theology.… They are going to do what is in the best interest of their shareholders.” [Democracy Now!, 3/21/2005; Harper's, 4/2005, pp. 75] The State Department will deny the existence of this oil plan “for months,” according to Palast, who will only obtain it after identifying its title and threatening legal action against the government. [Democracy Now!, 3/21/2005; Harper's, 4/2005, pp. 75]

Entity Tags: Amy Myers Jaffe, BearingPoint

Timeline Tags: Events Leading to Iraq Invasion

Category Tags: The Oil Law

In an opinion piece published by Middle East Economic Survey, Helmut Merklein, a former US assistant secretary of international energy affairs (1984 to 1990), argues that “the concept that Iraqi oil production should remain under exclusive Iraqi control should be anchored in the Iraqi constitution.” He reasons that because oil production accrues “huge rents,” those rents, “like all rents, belong in principle to the resource owner, the people of Iraq.” He says the best way for Iraqis to capture those rents is to leave the Iraq National Oil Company (INOC) in public hands and use utility contracts as the model for any agreements with the private sector. In utility-type agreements, the host governments, instead of the oil companies are the ones to benefit when profits exceed an agreed-upon rate of return. Merklein disputes the notion that Iraq would be unable to jump start the oil sector on its own. He says very little new development is needed and that the funds needed for investment “are dwarfed by the wealth represented by already proven but undeveloped reserves.… They certainly don’t need $10 billion, as projected by the Council of Foreign Relations, or $38 billion for ‘green field development’ (Deutsche Bank)…. If their objective were to restore production to their pre-Gulf-War quota of 3.14 million barrels per day, they would need a capital infusion of less than $1.0 billion. And they categorically do not need the multinationals to get access to that kind of investment. $1.0 billion is less than 0.1 percent of the value of Iraq’s currently proved reserve base. That would be like securing a $300 loan by pledging a fully paid-for $300,000 residence as collateral. With that kind of collateral, there will be no shortage of commercial or governmental (bilateral or multilateral) credit institutions eager to supply the required capital needed to rehabilitate oil production in Iraq.” The Iraqis do not need help from the international oil companies, he says, “The Iraqis have been producing oil for the last 31 years…. They are quite capable of boosting production without the help from international oil companies. They have the experience, they have a lot of practical know-how, and they are known to be inventive and flexible. Whatever they don’t have by way of technological advances, they can acquire through outsourcing in the open market, much like the multinationals do when they turn to seismic firms for exploration, drilling firms for drilling, logging firms for reserve definition, and reservoir engineering firms for production optimization.” Merklein also takes issue with claims that Iraq would be unable to produce more than three million barrels per day. “Just how ridiculous that claim is can be seen from a comparison of the US and Iraqi reserve bases and the production these bases are able to maintain. The US has at present 22.4 billion barrels of proved crude oil reserves; Iraq has 112 billion. The US produces 5.3 million barrels per day from that base. At five times our proven reserve base, Iraq can produce five times the US daily production rate, or some 23 million barrels per day. Without any additional exploration. These are proved reserves. The Iraqis have some 73 oil fields, 58 of them idle. All they have to do is drill them up.” [Middle East Economic Survey, 1/12/2005]

Entity Tags: Helmut Merklein

Category Tags: Economic Reconstruction, The Oil Law

Mike Stinson of ConocoPhillips and Bob Morgan of BP replace Rob McKee and Terry Adams as advisers to Iraq’s oil ministry. The British government pays them £147,700 for their work. [Muttitt, 2005]

Entity Tags: Bob Morgan, Terry Adams, Rob McKee, Mike Stinson

Category Tags: Economic Reconstruction, Political Administration, The Oil Law

Britain’s Foreign and Commonwealth Office issues a “code of practice” arguing that Iraq will need to work with foreign oil companies to increase the daily production level of the oil industry. “It has been estimated that a minimum of US$ 4 billion would be needed to restore production to its 1990 levels of 3.5 million barrels per day (mbd), and perhaps US$ 25 billion to achieve 5 mbd,” the statement says. “… Given Iraq’s needs, it is not realistic to cut government spending in other areas, and Iraq would need to engage with the International Oil Companies (IOCs) to provide appropriate levels of Foreign Direct Investment (FDI) to do this.” [Muttitt, 2005]

Entity Tags: UK Foreign and Commonwealth Office

Timeline Tags: Events Leading to Iraq Invasion

Category Tags: The Oil Law

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

Category Tags: Political Administration, The Oil Law

The International Tax & Investment Centre (ITIC), a corporate lobby group that advocates for pro-business investment and tax reform, issues a major report titled Petroleum and Iraq’s Future: Fiscal Options and Challenges, expressing the view that Iraq’s relationships with oil companies should be managed through the use of production sharing agreements (PSAs). The paper calls PSAs the “simplest and most attractive regulatory… framework.” It says this view is supported by “international experience and regional preferences,” though critics of PSAs will note that PSAs are not in fact popular among the major oil producing countries of the Middle East. “It is difficult to overstate how radical a departure PSAs would be from normal practice, both in Iraq and in other comparable countries of the region,” says Greg Muttitt of PLATFORM, a British oil industry watchdog group. “Iraq’s oil industry has been in public hands since 1972; prior to that the rights to develop oil in 99.5 percent of the country had also been publicly held since 1961. In Iraq’s neighbors Kuwait, Iran, and Saudi Arabia, foreign control over oil development is ruled out by constitution or by national law. These countries together with Iraq are the world’s top four countries in terms of oil reserves, with 51 percent of the world total between them.” The ITIC report also argues that foreign investment in Iraq’s oil sector will help “kick start” Iraq’s economy and free up funds for other programs. [Muttitt, 2005]

Entity Tags: International Tax and Investment Centre

Category Tags: Economic Reconstruction, Neoliberal Reforms, Production Sharing Agreements, The Oil Law

Britain’s Foreign and Commonwealth Office sends advisers to Iraq to work with the country’s oil ministry on “fiscal and regulatory” issues. [Muttitt, 2005] Foreign Office minister Kim Howells, describing the ministry’s role, will tell Parliament in July 2005, “We discuss with the Iraqi ministries their priorities on a regular basis.” [UK Parliament, 7/12/2005] But the office will never publish a formal policy statement and will refuse to comply with Freedom of Information requests for related documents. One of the exemptions the office will use to refuse a request is that its advice to the Iraqis is “voluminous.” [Muttitt, 2005]

Entity Tags: UK Foreign and Commonwealth Office

Timeline Tags: Events Leading to Iraq Invasion

Category Tags: Economic Reconstruction, The Oil Law

The Iraqi government agrees to meet conditions set by the IMF for an “enhanced post-conflict facility” program. The IMF program will include $436.3 million in Emergency Post-Conflict Assistance loans to the Iraqi government. The amount will be upped if Iraq meets more demanding conditions. A press release issued by the organization states that it intends to develop “a reform program in areas in which progress must be made in 2005 to set the economy on a sustainable path, including tax reform, financial sector reform, restructuring of state-owned enterprises, and enhancing the governance and transparency of the oil sector, all of which will be key in promoting the recovery and growth of the private sector.” [International Monetary Fund, 9/29/2004; Inter Press Service, 10/1/2004] One of the reforms the new Iraqi government agrees to implement is the rolling back of Iraq’s huge subsidies system. But as Inter Press Service notes, Iraq’s food subsidies system “kept millions of Iraqis from starvation under US and UK-pressed sanctions imposed by the United Nations after the 1991 Gulf War.… It is believed that many more Iraqis would have died if not for Hussein’s strong subsidies system that gave food to Iraqi families.” [US Department of State, 12/21/2004; Inter Press Service, 12/24/2004]

Entity Tags: International Monetary Fund

Category Tags: Economic Reconstruction, Neoliberal Reforms, The Oil Law

Rich creditor nations in the Paris Club announce they have reached a deal with the US on the proposed forgiveness of the $38.9 billion owed to those countries. The US wanted 95 percent of the debt canceled while the Paris Club was initially only willing to forgive 50 percent. Under the agreement, the Paris Club agrees to forgive 80 percent. Thirty percent of this will be forgiven immediately, followed by another 30 percent when Iraq agrees on a reform program with the International Monetary Fund, which it is expected to do in 2005. The remaining 20 percent will be canceled in 2008, after Iraq has implemented the reforms. The creditor countries owed the largest sums of money are Japan (4.1 billion dollars), France (2.9 billion), Germany (2.4 billion), the United States (2.2 billion), Britain (900 million), and Russia (9 billion). [St. Petersburg Times, 11/22/2004; Inter Press Service, 11/23/2004] The deal is denounced in a resolution passed by the Iraqi National Assembly on November 30. The resolution states that “the Paris Club has no right to make decisions and impose IMF conditions on Iraq.” It also says that nearly all of the debt is odious and should be canceled. [Inter Press Service, 11/23/2004; Iraqi National Assembly, 11/30/2004]

Entity Tags: Iraqi National Congress, Paris Club, International Monetary Fund

Category Tags: Economic Reconstruction, The Oil Law

Top Iraqi officials head to Washington for the second meeting of the Iraq-US Joint Economic Commission. The first meeting took place in September. At a press conference, Iraqi Finance Minister Adil Abdel Mahdi tells reporters that the new Iraqi government is implementing, or intends to implement, a number of major changes to the country’s economy. Some of the reforms he mentions would be part of a new oil law that will be “open to investment, to foreign investment downstream, maybe even upstream.” He explains that the law is being developed by a “high-ranked official from the Oil Ministry” in consultation with “his counterparts and with agencies here in the States.” Mahdi also says that Iraq will review the oil contracts that Saddam Hussein had inked with countries like France and Russia. “So I think this is very promising to the American investors and to American enterprises, certainly to oil companies,” he says. Mahdi also defends an agreement the Iraqi government recently made with the IMF to implement certain reforms, which included an end to food subsidies (see September 29, 2004). “I think this is a necessity for the Iraqi economy,” Mahdi says. “We really need to work on our subsidy side. Subsidies are taking almost 60 percent of our budget. So this is something we have to work on… Other measures really were a real necessity for the Iraqi economy before becoming conditions asked by the IMF.” But as Inter Press Service notes, Iraq’s food subsidies system “have kept millions of Iraqis from starvation under US and UK-pressed sanctions imposed by the United Nations after the 1991 Gulf War.… It is believed that many more Iraqis would have died if not for Hussein’s strong subsidies system that gave food to Iraqi families.” An issue that is apparently not discussed during the two-day meeting between US and Iraqi officials is the large amount of money that is known to have been defrauded from the CPA. In response to a reporter’s question, Mahdi says only, “No, this issue has not been discussed. We are interested to follow such issues, of course. Whatever concerns corruption or money, we are interested.” [US Department of State, 12/21/2004; Inter Press Service, 12/24/2004]

Entity Tags: Adil Abdel Mahdi

Category Tags: Economic Reconstruction, The Oil Law

Ariel Cohen, who co-authored a September 2002 paper (see September 25, 2002) recommending the privatization of Iraq’s oil industry, explains to reporter Greg Palast how his privatization plan would have ended OPEC’s control over oil prices. He says that if Iraq’s fields had been sold off, competing companies would have quickly increased the production of their individual patches, resulting in over production which would have flooded world oil markets, thrown OPEC into panic, and destabilized the Saudi monarchy. [BBC Newsnight, 3/17/2005; Democracy Now!, 3/21/2005; Harper's, 4/2005, pp. 75]

Entity Tags: Organization of Petroleum Exporting Countries, Ariel Cohen, Greg Palast

Timeline Tags: Events Leading to Iraq Invasion

Category Tags: Economic Reconstruction, The Oil Law

In an interview with Greg Palast, Robert Ebel, a former Department of Energy and and CIA oil analyst, acknowledges that the invasion of Iraq was driven by oil interests. “The thought was, ‘Why are you going into Iraq? It’s about oil isn’t it?’ And my response was, ‘No, It’s about getting rid of Saddam Hussein. The morning after, it’s about oil.’” [Democracy Now!, 3/21/2005]

Entity Tags: US Department of Energy, Central Intelligence Agency, Robert Ebel, Greg Palast

Timeline Tags: Events Leading to Iraq Invasion

Category Tags: Economic Reconstruction, The Oil Law

At a conference with oil companies in Beirut, the British ambassador in Baghdad gives the Iraqi finance minister a report (see Autumn 2004) authored by the International Tax and Investment Centre, a Washington-based oil industry lobby. The report, which contains recommendations for a new Iraqi oil policy, expresses the view that Iraq’s relationships with oil companies should be governed through the use of production sharing agreements (PSAs). [Observer, 3/4/2007]

Category Tags: Economic Reconstruction, The Oil Law

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

Category Tags: Economic Reconstruction, The Oil Law

Iraq’s presidential council endorses the final draft of Iraq’s permanent constitution and sends it to the National Assembly. The constitution will be subjected to a referendum vote on October 15 (see October 15, 2005). While the proposed constitution is supported by the Kurdish and Shiite members of the council, the document is bitterly opposed by representatives of the Sunni Arabs, the ethnic Turkomen of northern Iraq, Christians, secular groups, and women. [New York Times, 8/29/2005]
bullet The second article of the constitution declares that Islam is the official state religion, and that it will be regarded as “a main source of legislation.” It also states that “no law can be passed that contradicts the undisputed rules of Islam.” Clerics, therefore, would likely sit on the Supreme Court and would have a role in presiding over family disputes like marriage, divorce, and inheritance. The provision is considered an affront to women’s rights since most interpretations of Islamic law afford women substantially fewer rights than men. [New York Times, 8/29/2005; Associated Press, 10/12/2005]
bullet Article 25 states that the Iraqi government “shall guarantee the reforming of the Iraqi economy according to modern economic bases, in a way that ensures complete investment of its resources, diversifying its sources and encouraging and developing the private sector.” [Associated Press, 10/12/2005] It marks a significant departure in economic policy from the Baathist government, whose constitution stated that “national resources and basic means of production are owned by the people.” [Constitution of Iraq, 1968]
bullet Article 110, which deals with oil policy, states: “The federal government and the governments of the producing regions and provinces together will draw up the necessary strategic policies to develop oil and gas wealth to bring the greatest benefit for the Iraqi people, relying on the most modern techniques of market principles and encouraging investment.” Observers note that, while this section states that both the federal government and the regional governments will work together, a subsequent clause appears to contradict this. That clause states: “All that is not written in the exclusive powers of the federal authorities is in the authority of the regions. In other powers shared between the federal government and the regions, the priority will be given to the region’s law in case of dispute.” [Associated Press, 10/12/2005]
bullet Article 115 of the constitution would make it possible for provinces to organize themselves as semi-autonomous federal regions, with their own distinct laws. This means, for example, that regions would be able to negotiate contracts with oil companies on their own and exercise control over a bulk of the oil revenue. [Muttitt, 2005] However, the precise division of authority between the central government and any regional governments is not clearly stated in the document. “All that is not written in the exclusive powers of the federal authorities is in the authority of the regions,” the document says. “In other powers shared between the federal government and the regions, the priority will be given to the region’s law in case of dispute.” Most of Iraq’s oil is located in either the Kurdish northern region or the Shiite-dominated south. The Sunnis, who have ruled Iraq almost without interruption since 1920 and whose communities lie predominantly in the resource-poor provinces of central and western Iraq, are opposed to this federalist political structure. [Associated Press, 10/12/2005]
bullet The final draft of the constitution is missing an article that had appeared in an earlier draft declaring that it is “forbidden for Iraq to be used as a base or corridor for foreign troops” or “to have foreign military bases in Iraq.” [Asia Times, 10/15/2005]

Category Tags: Political Administration, The Oil Law

Ahmed Chalabi, Iraqi deputy prime minister and former chair of the country’s Energy Council, says, “In order to make major quantum increases in oil, we need to have production sharing agreements, but that has to wait until after the formation of parliament.” [Reuters, 11/22/2005; Inter Press Service, 11/23/2005]

Entity Tags: Ahmed Chalabi

Category Tags: The Oil Law, Production Sharing Agreements

A report authored by Greg Muttitt of PLATFORM concludes that Iraq would not benefit from an oil policy based on production sharing agreements (PSAs). According to Muttitt, the PSAs would cost Iraq “hundreds of billions of dollars in potential revenue,” while oil company profits would see annual rates of return “ranging from 42 percent to 62 percent for a small field, or 98 percent to 162 percent for a large field.” Muttitt’s study also warns that PSAs would result in Iraqis forfeiting control of their oil industry to foreign oil companies. For example, Iraq would lose its ability to control the depletion rate of its own oil resources. “As an oil-dependent country, the depletion rate is absolutely key to Iraq’s development strategy, but would be largely out of the government’s control,” Muttitt notes. Furthermore, PSAs, which typically have fixed terms of between 25 and 40 years, often include “stabilization clauses” that grant oil companies immunity from all future laws, regulations, and government policies. If Iraq were to sign such PSAs, future Iraqi governments would be unable to change tax rates or laws regulating labor standards, workplace safety, or the environment. PSA agreements also tend to put the host government at a disadvantage when there is a dispute with the contracted oil company. Most PSAs stipulate that disputes must be resolved in international arbitration tribunals where they are generally presided over by corporate lawyers and trade negotiators who will only consider narrow commercial issues without regard to Iraqi public interest. Muttitt’s report argues that Iraq has several options for developing its oil industry that would be far more beneficial to Iraq than relying on PSAs. One option would be for Iraq to hire specialist companies under short-term technical service contracts to provide expertise only when native expertise is lacking. There is no reason, Muttitt notes, for Iraq to give oil companies full control over the industry when Iraq has a highly-skilled oil sector workforce that is fully capable of managing the country’s oil production. All that’s needed, he says, is for them to receive training on the latest technologies. Until that is achieved, Iraq would be adequately served with a policy based on short-term technical service contracts. Muttitt also argues that Iraq has several options for acquiring the needed capital to jump start the oil sector. Foreign investment is neither the only, nor the most attractive solution for Iraq. He argues that using Iraqi money or borrowing funds would save Iraq billions of dollars in the long term. [Muttitt, 2005]

Entity Tags: Greg Muttitt

Category Tags: Economic Reconstruction, The Oil Law, Production Sharing Agreements

The IMF’s 24-member executive board approves a standby arrangement for a new $685 million loan for Iraq. The IMF previously provided the country with a $436.3 million emergency post-conflict loan in September 2004 (see September 29, 2004). The approval means that creditor nations will forgive an additional 30 percent of Iraq’s debt, all of which was incurred under the rule of Saddam Hussein. If Iraq fulfills the requirements in the standby arrangement, another 20 percent of its debt will be forgiven (see November 22, 2004). [Associated Press, 12/23/2005; Agence France-Presse, 12/23/2005] One of the reforms required by the stand-by arrangement is that Iraq work with the IMF on the drafting of an oil law to be implemented by the end of 2006. [Bretton Woods Project, 1/23/2006] The agreement states that Iraq needs to “draft a new petroleum law in line with the new constitution and international best practices, thereby defining the fiscal regime for oil and establishing the contractual framework for private investment in the sector.” It adds that IMF staff have underscored “the need to press ahead with structural fiscal reforms,” which include “the move forward toward the commercialization of oil-related state enterprises, and the drafting of a new petroleum law.” [International Monetary Fund, 12/7/2005, pp. 18 pdf file]

Entity Tags: Iraq, International Monetary Fund

Category Tags: Economic Reconstruction, Neoliberal Reforms, The Oil Law

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

Category Tags: The Oil Law

The US sends Washington, DC lawyer Ronald Jonkers to Iraq to work with Iraqi officials on the drafting of a new law that would govern private sector involvement in the development of Iraq’s oil. Jonkers is an attorney with Hills Stern & Morley. From 1992 to 2003 he served as assistant general counsel for the Overseas Private Investment Corporation, a US agency that provides financing and political risk insurance to US businesses investing abroad. [American Lawyer, 4/26/2007]

Entity Tags: Ronald Jonkers

Category Tags: The Oil Law

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

Category Tags: Production Sharing Agreements, The Oil Law

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

Category Tags: The Oil Law

US Energy Secretary Samuel Bodman, on a visit to Baghdad, refers to the drafting of a new oil that is underway and says it is important that the Iraqi Parliament—which apparently is not involved in the drafting process—pass it soon. [Time, 2/28/2007] Iraq needs to “pass a new law, a new hydrocarbon law under which international companies will be able to make investments in Iraq,” he says. Opening up Iraq’s oil industry will help Iraq realize “its very considerable potential with the benefit of investments from the international community.” He adds that Prime Minister Nuri al-Maliki, along with the oil and electricity ministers, are “optimistic of passing that law by the parliament and they hope to pass such a law by end of this calendar year.” He says that US oil companies won’t consider investing in Iraq’s oil sector until “first there is security and second there is a hydrocarbon law that will delineate the rules of the road.” [Agence France-Presse, 7/18/2006]

Entity Tags: Nouri al-Maliki, Samuel W. Bodman

Category Tags: Economic Reconstruction, Neoliberal Reforms, The Oil Law

Iraqi Oil Minister Hussein al-Shahristani tells the Financial Times that the drafting of a new oil law is underway and that Iraq’s parliament will hopefully pass it “by the end of the year.” He says the law “will open the door for the international companies to come and work in Iraq, and develop our new fields…. We have many, many fields that are waiting for development, (and) some of them are giant fields.” [Financial Times, 7/27/2007] Iraq’s legislators are apparently not involved in the drafting of the law. [Time, 2/28/2007]

Entity Tags: Hussein al-Shahristani

Category Tags: The Oil Law

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

Category Tags: The Oil Law

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

Category Tags: Political Administration, The Oil Law

According to the Independent, several major oil companies reportedly send “teams” into Iraq to “lobby for deals ahead of the [Iraq Oil] law.” [Independent, 1/7/2007]

Category Tags: The Oil Law

Robert Gates.Robert Gates. [Source: US Defense Department]In its final report, the Iraq Study Group (ISG) recommends significant changes to Iraq’s oil industry. The report’s 63rd recommendation states that the US should “assist Iraqi leaders to reorganize the national oil industry as a commercial enterprise” and “encourage investment in Iraq’s oil sector by the international community and by international energy companies.” The recommendation also says the US should “provide technical assistance to the Iraqi government to prepare a draft oil law.” [Iraq Study Group, 2006, pp. 57 pdf file] The report makes a number of recommendations about the US occupation of Iraq, including hints that the US should consider moving towards a tactical withdrawal of forces from that beleaguered nation. President Bush’s reaction to the report is best summed up by his term for the report: a “flaming turd.” Bush’s scatological reaction does not bode well for Secretary of State Condoleezza Rice’s own hopes that the administration will use the ISG report as a template for revising its approach to Iraq. This does not happen. Instead, Vice President Dick Cheney organizes a neoconservative counter to the ISG’s recommendations, led by the American Enterprise Institute’s Frederick Kagan. Kagan and his partner, retired general Jack Keane, quickly formulate a plan to dramatically escalate the number of US troops in Iraq, an operation quickly termed “the surge” (see January 10, 2007). The only element of the ISG report that is implemented in the Bush administration’s operations in Iraq is the label “a new way forward,” a moniker appropriated for the surge of troops. Administration officials such as Rice and the new defense secretary, Robert Gates, quickly learn to swallow their objections and get behind Bush’s new, aggressive strategy; military commanders who continue to support elements of the ISG recommendations, including CENTCOM commander General John Abizaid and ground commander General George Casey, are either forced into retirement (Abizaid) or shuttled into a less directly influential position (Casey). [Salon, 1/10/2007]

Entity Tags: American Enterprise Institute, Condoleezza Rice, Frederick Kagan, Iraq Study Group, Robert M. Gates, Jack Keane, George Casey, Richard (“Dick”) Cheney, George W. Bush, John P. Abizaid

Timeline Tags: Events Leading to Iraq Invasion

Category Tags: Economic Reconstruction, The Oil Law

The Guardian publishes an op-ed piece by Iraqi economist Kamil Mahdi under the title “Iraqis will never accept this sellout to the oil corporations.” Mahdi, a professor at Exeter University (UK), writes: “Before embarking on controversial measures such as [the proposed Oil Law] favoring foreign oil firms, the Iraqi parliament and government must prove that they are capable of protecting the country’s sovereignty and the people’s rights and interests… The oil law (see January 16, 2007) is likely to open the door to these corporations at a time when Iraq’s capacity to regulate and control their activities will be highly circumscribed. It would therefore place the responsibility for protecting the country’s vital national interest on the shoulders of a few vulnerable technocrats in an environment where blood and oil flow together in abundance. Common sense, fairness, and Iraq’s national interest dictate that this draft law must not be allowed to pass during these abnormal times, and that long-term contracts of 10, 15, or 20 years must not be signed before peace and stability return, and before Iraqis can ensure that their interests are protected. This law has been discussed behind closed doors for much of the past year. Secret drafts have been viewed and commented on by the US government, but have not been released to the Iraqi public—and not even to all members of parliament. If the law is pushed through in these circumstances, the political process will be further discredited even further. Talk of a moderate cross-sectarian front appears designed to ease the passage of the law and the sellout to oil corporations. The US, the IMF and their allies are using fear to pursue their agenda of privatizing and selling off Iraq’s oil resources. The effect of this law will be to marginalize Iraq’s oil industry and undermine the nationalization measures undertaken between 1972 and 1975. It is designed as a reversal of Law Number 80 of December 1961 that recovered most of Iraq’s oil from a foreign cartel. Iraq paid dearly for that courageous move: the then prime minister, General Qasim, was murdered 13 months later in a Ba’athist-led coup that was supported by many of those who are part of the current ruling alliance—the US included. Nevertheless, the national oil policy was not reversed then, and its reversal under US occupation will never be accepted by Iraqis.” [Guardian, 1/16/2007]

Entity Tags: Kamil Mahdi

Category Tags: The Oil Law

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).

Category Tags: The Oil Law

British MPs debate the Iraq oil law that was recently approved by the Iraq Oil Committee (see January 16, 2007).
Jeremy Corbyn says: “News was leaked out last week of a proposed new oil law that the Iraqi Parliament is to be invited to approve in a few weeks’ time. This is a mysterious piece of legislation, and I hope that the Minister will be able to throw some light on the matter when he responds to the debate. Apparently, the drafters of the new law were not in Iraq but in Washington, and they were assisted by people in London. The proposed law bears an uncanny resemblance to the British-imposed oil law in Iran in 1952, after the shah was imposed on the people of that country. BP and other oil companies made massive amounts of money from that arrangement in the succeeding years. There is deep suspicion that the oil law that is now being proposed for Iraq is the reward for the invasion, and that it will involve the privatization of oil production and the sale to certain oil companies of cheap oil that ought to be for the benefit of the Iraqi people…. It would be illegal [for 15 or 20-year oil contracts to be signed while the country is still under occupation], because Britain and the United States are, in law, occupying forces. They do not therefore have the legal authority to make fundamental changes to what is happening in that country. Those are the terms of the Hague convention, and that ought to be understood.”
Michael Meacher says: “It is also immensely important and significant that… a new draft law is about to be pushed through the fledgling Iraqi Parliament by the United States that will set up contracts to allow major US and British oil companies to extract substantial parts of the oil profits for a period of up to 30 years. No other Middle Eastern producer-country has ever offered such hugely lucrative concessions to the big oil companies. OPEC—the Organization of Petroleum Exporting Countries—has, of course, always run its oil business on the basis of there being tightly controlled state companies. Only Iraq in its current dire situation, with US troops propping up its Government—without them the Government would not survive—lacks the bargaining capacity to be able to resist. If this new draft law is conceded by the Iraqis under the intense pressure that is being put on them, it will lock the country into a degree of weakness and dependence for decades ahead. The neo cons may have lost the war, but my goodness, they are still negotiating to win the biggest chunk of the peace, when and if it ever comes…. This rearguard attempt to pre-empt the lion’s share of the remaining oil and the massive future profits over a 30-year period—there is no authority to extract it from another country without its agreement—can only intensify the insurgency. It is bound to foster much-increased resentment… and increase the violent resistance, even when the occupation has come to an end. Above all, this policy is utterly short-sighted, because it is diametrically opposed to the policy into which the whole world will ineluctably be forced by the accelerating onset of climate change.” [House of Commons, 1/24/2007]

Entity Tags: Jeremy Corbyn, Michael Meacher

Category Tags: The Oil Law

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

Category Tags: Neoliberal Reforms, The Oil Law, Production Sharing Agreements

Iraqi oil labor unions send a letter to Iraqi President Jalal Talbani urging him not to support an oil development policy that would rely upon the use of production sharing agreements. “Production-sharing agreements are a relic of the 1960s,” the letter says. “They will re-imprison the Iraqi economy and impinge on Iraq’s sovereignty since they only preserve the interests of foreign companies. We warn against falling into this trap.” [Inter Press Service, 2/28/2007]

Entity Tags: Jalal Talbani

Category Tags: Production Sharing Agreements, The Oil Law

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

Category Tags: Economic Reconstruction, Neoliberal Reforms, The Oil Law, Production Sharing Agreements

Iraq’s cabinet approves the February 15 draft of the proposed Iraqi oil law (see February 15, 2007). The law has not yet been seen by Iraq’s parliament. The only parties that have reviewed the law, aside from its authors, have been nine international oil companies, the British and US governments, and the International Monetary Fund. The cabinet expects that the law will be quickly passed by Iraq’s parliament and implemented by the end of May. [Associated Press, 2/26/2007; Inter Press Service, 2/28/2007]

Entity Tags: United Kingdom, International Monetary Fund, United States

Category Tags: Economic Reconstruction, The Oil Law

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

Category Tags: The Oil Law

A close associate of Iraqi Prime Minister Nouri al-Maliki tells the Associated Press that certain US officials have warned al-Maliki that continuing White House support for his government is contingent on an end to sectarian violence and passage of the oil law (see February 15, 2007) by the close of this parliamentary session on June 30. “They have said they are frustrated that he has done nothing to oust the Sadrists, that the oil law has not moved forward, that there is no genuine effort on reconciliation and no movement on new regional elections,” the source says. Al-Maliki fears that without American support his government will be ousted. [Associated Press, 3/13/2006]

Entity Tags: Nouri al-Maliki, Bush administration (43)

Category Tags: Economic Reconstruction, The Oil Law

Congress passes a $124 billion supplemental appropriations bill that would provide funds for the continued occupation of Iraq, but require that a majority of the troops be withdrawn by the end of the year. The bill, if signed into law by President Bush, will set a number of benchmarks for the Iraqi government to meet, including the creation of a program to disarm militias, the reduction of sectarian violence, the easement of rules (see May 16, 2003) that purged the government of former Baath Party members, and the implementation of a law that would govern the development of the country’s oil sector (see February 15, 2007). If the Iraqi government fails to meet these requirements, the US would begin pulling out its troops on July 1. If it does meet the benchmarks, the withdrawal would be delayed until October 1, with the pull-out being completed no later than April 1, 2008. Some troops would remain in Iraq to protect US facilities and diplomats, fight US-designated terrorist groups, and train Iraqi security forces. [Washington Post, 4/26/2007; US Congress, 4/26/2007 pdf file] President Bush will veto the bill on May 1. [Washington Post, 4/26/2007]

Entity Tags: US Congress

Category Tags: Political Administration, Security, The Oil Law

Iraqi Vice President Tariq al-Hashemi says he opposes the oil law (see February 15, 2007) because it gives too many concessions to foreign oil companies. “We disagree with the production sharing agreement,” he tells reporters attending an international conference in Jordan that is hosted by the Geneva-based World Economic Forum. “We want foreign oil companies, and we have to lure them into Iraq to learn from their expertise and acquire their technology, but we shouldn’t give them big privileges,” he explains. [Associated Press, 5/21/2007]

Entity Tags: Tariq al-Hashemi

Category Tags: Economic Reconstruction, The Oil Law, Production Sharing Agreements

In a phone call with Iraqi Prime Minister Nouri al-Maliki, President George Bush reportedly says Iraq needs to produce “tangible results quickly” on the oil law and other legislation if it wants to count on continued support from the US government. [Associated Press, 5/22/2007]

Entity Tags: Nouri al-Maliki, George W. Bush

Category Tags: The Oil Law

Mahmoud Uthman, a Kurdish member of Iraq’s parliament, says lawmakers are not ready to pass the oil law because of the “obscurity of some sections of the proposed draft law, the most important of which are those concerning oil imports and the mechanism of their distribution.” He also says that the law was “made to serve US interests” and that the US is putting “very strong” pressure on Iraqi leaders to speed its passage. [AXcess News, 5/22/2007] “The Americans are pressuring us to accept the oil law. Their pressure is very strong. They want to show Congress that they have done something so they want the law to be adopted this month. This interference is negative and will have consequences,” he says. [Associated Press, 5/22/2007]

Entity Tags: Mahmoud Uthman

Category Tags: Economic Reconstruction, The Oil Law

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

Category Tags: The Oil Law

In a Sunday afternoon meeting, Admiral William Fallon tells Iraqi Prime Minister Nouri al-Maliki that the Iraqi parliament needs to pass the controversial oil law by July. “Is it reasonable to expect it to be completed in July?” he asks. “We have to show some progress in July for the upcoming report.” US ambassador to Iraq Ryan C. Crocker is also present at the meeting, along with New York Times reporter Michael Gordon, who is accompanying Fallon on his Iraq trip. [New York Times, 6/12/2007]

Entity Tags: Michael Gordon, Ryan C. Crocker, William Fallon, Nouri al-Maliki

Category Tags: Economic Reconstruction, The Oil Law

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