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Iraqi Federal Oil and Gas Law Revisited


This work was written by Ahmed Mousa Jiyad, and it is reproduced here with his permission. It was originally published by Energy & Geopolitical Risk, Vol. 2, Nr.1, January 2011 (MEES publication. www.mees.com).

Mr Jiyad is an independent development consultant, scholar and Associate with Centre for Global Energy Studies-CGES, London. He was formerly a senior economist with the Iraq National Oil Company and Iraq’s Ministry of Oil, Chief Expert for the Council of Ministers, Director at the Ministry of Trade, and International Specialist with UN organizations in Uganda, Sudan and Jordan. Jiyad is regular contributor to MEES publications. He is now based in Norway (Email: mou-jiya@online.no).

Please click here to download “Iraqi Federal Oil and Gas Law Revisited”.

The opinions expressed are those of the author, and do not necessarily reflect the views of Iraq Business News.


Posted in Ahmed Mousa Jiyad, Oil & GasComments (0)

Halliburton and KBR Sued Over Iraq Contamination


Halliburton Co. and KBR Inc. must face lawsuits brought by military personnel and contractors allegedly harmed by contaminated water and toxic emissions from burning waste in Iraq and Afghanistan, a judge has said.

U.S. District Judge Roger Titus in Greenbelt, Maryland, who is overseeing 43 lawsuits on the matter, yesterday rejected the companies’ claims of immunity for combat-related activities, saying he was concerned it would limit legal remedies for people who allege they were injured, according to the report from Bloomberg.

Plaintiffs claim that the Houston-based companies ignored the terms of contracts with the U.S. that required safe and environmentally sound waste disposal for troops. Improper disposal of waste in “burn pits” led to injuries including cancer and respiratory illness, law firms Motley Rice LLC and Burke PLLC said in a statement.

KBR, which split from Halliburton in 2007, said in a statement: “KBR is confident that the evidence will confirm that it performed waste disposal and water services pursuant to military direction and guidelines”. Halliburton reportedly declined to comment.

(Sources: Bloomberg, Baltimore Daily Record)

Posted in Oil & GasComments (0)

Weak Laws Deter Iraq Investors More Than Violence


Seven years after the invasion that ousted Saddam Hussein, Iraq largely has been unable to revamp business laws that would help make the country more attractive to investors, according to a report from Bloomberg.

“Investors still note security concerns, but now are more likely to cite regulatory hindrances and other practical barriers to doing business,” the U.S. State Department said in its 2010 Investment Climate Statement on Iraq.

Foreign direct investment totaled $1.1 billion in 2009, most of it in the oil industry, according to the United Nations July World Investment Report. Neighboring Iran, under a fourth set of UN sanctions, took in three times as much.

Lawmakers in the outgoing parliament weren’t able to approve 72 draft laws meant to help accelerate economic growth, said Thair Feely, director of the government’s Baghdad Investment Commission.

Legislation awaiting approval includes a measure that would make it easier to register a company. “It can take four or five months and costs a fortune, about $15,000 to $20,000, compared to only 200 pounds ($300) in the U.K.,” Feely said by phone from Baghdad. “It’s unfair.”

The World Bank estimates it takes an average of 77 days to open a business in Iraq, almost four times the average in the region. Iraq fell three places in the Washington-based bank’s 183-country ease-of-doing-business scale to 153rd this year, below Tajikistan and Haiti.

Issues such as a cash-based banking system, corruption and limitations on land ownership have also damped investment, said Arndt Fritscher of the Berlin-based Rebuild Iraq Recruitment Program, which works with 160 European, mostly German, companies with business interests in Iraq.

“The security situation is not our problem because we just pay more,” Fritscher said. “German industry is ready to go, but there is no basis to go from. We would like to set up power plants, for example, we just need the ground.”

Iraq’s National Investments Law of 2006 bars foreigners from owning land, though it was amended in November to allow non-Iraqis to buy property for housing projects. Berlin-based Transparency International, an anti-graft group, placed Iraq and Sudan in fourth to last place in its 2009 corruption index of 180 countries.

The economy is estimated to have expanded 4.2 percent last year, the Washington-based IMF said, powered by oil exports. Companies including London-headquartered BP Plc, Royal Dutch Shell Plc, which is based in The Hague, and Paris-based Total SA, have signed contracts with Iraq to boost oil production after two bidding rounds for development rights last year, even in the absence of a hydrocarbons law. A third bidding round for natural-gas deposits is set for later this year.

“The oil business has such great profits and returns on investments that companies are willing to take risks,” said Ascanio Martelli, chairman of Bari, Italy-based Atami Group, which acts as a consultant for Italian energy companies working or seeking to work in Iraq, in a telephone interview.

The government has pushed through some measures to attract investors. The National Investments Law exempts foreign companies from paying taxes for 10 years and from paying import fees for three years.

“We are trying to offer incentives,” Iraqi government spokesman Ali Al-Dabbagh said in an interview from Baghdad. “Our industries have many problems that do not encourage foreign investors or even local industrialists.”

Iraq needs $400 to 500 billion to get things back on track, according to the Baghdad Investment Commission’s Feely.

“Unfortunately, we only receive hopes and promises,” he said. “We can’t do it without foreign investment. We can’t do it on our own.”

(Source: Bloomberg)

Posted in Construction & Engineering, Industry & Trade, Oil & Gas, SecurityComments (1)


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