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The Iraq Oil Law, also referred to as the Iraq Hydrocarbon Law was a piece of legislation submitted to the Iraqi Council of Representatives in May 2007 that laid out a framework for the regulation and development of Iraq's oil fields.


Start of process

The legislation started when the U.S.-backed Iraqi cabinet approved a new oil law that was set to give foreign companies the long-term contracts and the safe legal framework they have been waiting for. The law rattled labour unions and international campaigners, who say oil production should remain in the hands of Iraqis. On March 10, 2007, prominent Iraqi parliamentarians, politicians, ex-ministers and oil technocrats urged the Baghdad parliament to reject Iraq's controversial hydrocarbon law, fearing that the new legislation would further divide the country already witnessing civil strife. On April 28, 2007, discussions turned contentious among the more than 60 Iraqi oil officials reviewing Iraq's draft hydrocarbons bill in the United Arab Emirates. But the dispute highlighted the need for further negotiations on the proposed law that was stalled in talks for nearly eight months, then pushed through Iraq's Cabinet without most key provisions. By December 2, 2007, the Bush administration was concerned that recent security gains in Iraq may be undermined by continuing political gridlock, and started pushing the Iraqi government to complete long-delayed reform legislation within six months.


Administrative law response

On June 30, 2008, a group of American advisers led by a small State Department team played an integral part in drawing up contracts between the Iraqi government and five major Western oil companies to exploit some of the largest fields in Iraq American officials say. In June 2008, the
Iraqi Oil Ministry The Ministry of Oil ( ar, وزارة النفط) is the Iraqi government agency responsible for Iraqi petroleum. The Minister of Oil since May 2020 is Ihsan Abdul Jabbar Ismail. Establishments * North Oil Company (NOC) * South Oil Company ...
announced plans to go ahead with small one- or two-year
no-bid contracts Multisourcing is the concept of working with multiple suppliers who are also competitors. Large-scale buyers, such as the U.S. federal government, may want to feel assured that there is more than one supplier for an item. It has been described as t ...
to
Exxon Mobil ExxonMobil Corporation (commonly shortened to Exxon) is an American multinational oil and gas corporation headquartered in Irving, Texas. It is the largest direct descendant of John D. Rockefeller's Standard Oil, and was formed on November 3 ...
,
Shell Shell may refer to: Architecture and design * Shell (structure), a thin structure ** Concrete shell, a thin shell of concrete, usually with no interior columns or exterior buttresses ** Thin-shell structure Science Biology * Seashell, a hard o ...
, Total and BP — once partners in the
Iraq Petroleum Company The Iraq Petroleum Company (IPC), formerly known as the Turkish Petroleum Company (TPC), is an oil company that had a virtual monopoly on all oil exploration and production in Iraq between 1925 and 1961. It is jointly owned by some of the worl ...
— along with
Chevron Chevron (often relating to V-shaped patterns) may refer to: Science and technology * Chevron (aerospace), sawtooth patterns on some jet engines * Chevron (anatomy), a bone * '' Eulithis testata'', a moth * Chevron (geology), a fold in rock la ...
and smaller firms to service Iraq’s largest fields. Several United States senators had criticized the deal, arguing it was hindering efforts to pass the hydrocarbon law. By July 1, 2008, Iraq's government invited foreign firms Monday to help boost the production of the country's major oil fields, beginning a global competition for access to the world's third-largest reserves. By February 2009, Iraq had "sweetened" the terms it was the offering international oil companies vying to develop the country’s reserves in the first concrete example of a global shift in power beginning to sweep through the oil industry. Iraq, which pre-qualified about 45 companies to bid on oil projects, plans to award contracts for the six partly developed and four undeveloped fields offered in its second licensing round by mid-December.


History

The Iraqi oil industry had been completely
nationalized Nationalization (nationalisation in British English) is the process of transforming privately-owned assets into public assets by bringing them under the public ownership of a national government or state. Nationalization usually refers to p ...
by 1972. The government in the 1990s, under the presidency of
Saddam Hussein Saddam Hussein ( ; ar, صدام حسين, Ṣaddām Ḥusayn; 28 April 1937 – 30 December 2006) was an Iraqi politician who served as the fifth president of Iraq from 16 July 1979 until 9 April 2003. A leading member of the revolutio ...
, gave production share agreements (PSAs) to
Russia Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-ei ...
n and Chinese companies which gave a profit percentage of less than 10 percent. The Bush administration hired the consulting firm
BearingPoint BearingPoint (parent company: BearingPoint Europe Holdings B.V.) is an independent multinational management and technology consulting firm with 41 offices across 23 countries and around 4,300 employees. In 2021, the firm delivered 1,298 projects ...
to help write the law in 2004. The bill was approved by the
Iraqi cabinet The Council of Ministers is the executive branch of the government of Iraq. The Council of Representatives of Iraq elects a President of the Republic who appoints the Prime Minister who in turn appoints the Council of Ministers, all of whom must ...
in February 2007. The Bush administration considers the passage of the law a
benchmark Benchmark may refer to: Business and economics * Benchmarking, evaluating performance within organizations * Benchmark price * Benchmark (crude oil), oil-specific practices Science and technology * Benchmark (surveying), a point of known elevati ...
for the government of Prime Minister
Nuri Kamal al-Maliki Nouri Kamil Muhammad-Hasan al-Maliki ( ar, نوري المالكي; born 20 June 1950), also known as Jawad al-Maliki (), is secretary-general of the Islamic Dawa Party and was the prime minister of Iraq from 2006 to 2014 and the vice president ...
. One stumbling block was the unpopularity of the law, as it is perceived by the Iraqi people. An opinion poll conducted in 2007 by Oil Change International and other groups shows 63% of Iraqis surveyed would "prefer Iraq's oil to be developed and produced by Iraqi state-owned companies hanby foreign companies". This explains why the law had stalled in the Iraqi parliament.


Profit sharing

The new law authorizes production share agreements (PSAs) which guarantees a profit for foreign
oil companies The following is a list of notable companies in the petroleum industry that are engaged in petroleum exploration and production. The list is in alphabetical order by continent and then by country. This list does not include companies only involved ...
. The central government distributes remaining oil revenues throughout the nation on a
per capita ''Per capita'' is a Latin phrase literally meaning "by heads" or "for each head", and idiomatically used to mean "per person". The term is used in a wide variety of social sciences and statistical research contexts, including government statistic ...
basis. The draft law allows Iraq's provinces freedom from the central government in giving exploration and production contracts. Iraq's constitution allows governorates to form a semi-independent regions, fully controlling their own natural resources.


Criticism of the new law

Some critics have claimed that the new Iraqi Oil law was not needed since Iraq has the cheapest oil to extract. Other analysts have claimed that the
no-bid contracts Multisourcing is the concept of working with multiple suppliers who are also competitors. Large-scale buyers, such as the U.S. federal government, may want to feel assured that there is more than one supplier for an item. It has been described as t ...
given to U.S oil companies constitute exploitation since many non-U.S companies would give the same service for shorter contracts and lower percentage of revenue.


See also

*
Energy law Energy laws govern the use and taxation of energy, both renewable and non-renewable. These laws are the primary authorities (such as caselaw, statutes, rules, regulations and edicts) related to energy. In contrast, energy policy refers to th ...
*
Iraq withdrawal benchmarks The U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007, (), is an emergency appropriations act passed by the 110th United States Congress that provides funding for the Iraq War through Sep ...
*
Iraq Petroleum Company The Iraq Petroleum Company (IPC), formerly known as the Turkish Petroleum Company (TPC), is an oil company that had a virtual monopoly on all oil exploration and production in Iraq between 1925 and 1961. It is jointly owned by some of the worl ...
* National Energy Policy Development Group *
Ray Lee Hunt Ray Lee Hunt (born 1943) is an American billionaire heir and businessman. Early life Hunt is the son of the late H. L. Hunt (1889–1974), founder of Hunt Oil Co. His parents married in 1957. Hunt's sisters include June Hunt, Swanee Hunt, a ...


References


External links


Republic of Iraq Ministry of Oil

Text of law in English provided by the Kurdish Regional Government (PDF)Iraq oil law
Detailed timeline at the History Commons {{DEFAULTSORT:Iraq Oil Law (2007) 2007 in Iraq George W. Bush administration controversies Energy policy Energy in Iraq Petroleum politics Oil and gas law Iraqi legislation Proposed laws