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KRG files Civil suit against Baghdad Minister of Oil

By John Lee.

The Minister of Natural Resources of the Kurdistan Regional Government (KRG) has filed a civil suit against the Baghdad Minister of Oil, accusing him of sending emails and letters with the intention of intimidating international oil companies (IOCs) and interfering with the contractual rights of the IOCs and the KRG.

The KRG has also filed a criminal complaint against a Director General in the Baghdad Ministry of Oil for allegedly abusing his power and position by intimidating and harassing the IOCs working in the Kurdistan Region of Iraq.

This follows a series of summonses issued to the IOCs by a court in Baghdad, relating to their operations in Kurdistan Region.

Full statement from the KRG:

On 19 May 2022, a commercial court sitting in Al Karkh, Baghdad, acted at the request of the Minister of Oil in Baghdad and purported to issue summonses to international oil companies (IOCs) operating within the Kurdistan Region of Iraq. Those IOCs – which include Addax, DNO, Genel, Gulf Keystone, HKN, Shamaran, and WesternZagros – operate in the Kurdistan Region in accordance with the Kurdistan Region’s Oil and Gas Law (No. 22 of 2007), which was issued by the Kurdistan Regional Government in accordance with its powers under the Constitution of Iraq.

These court summonses are the latest in a series of illegal actions taken by the Minister of Oil and his staff under the current caretaker government in Baghdad. These illegal actions are apparently based upon a ruling by a court in Baghdad that calls itself the “Federal Supreme Court”. This so-called “Federal Supreme Court” issued a politically motivated decision on 15 February 2022, which purported to declare the 2007 Oil and Gas Law void.

No court in Baghdad has the authority to make such a declaration. On 28 February 2022, the President of the Kurdistan Region, together with the presidents of the legislative, executive, and judicial branches of the Kurdistan Regional Government, issued a statement rejecting the 15 February decision. On 4 June 2022, the Judicial Council, the highest judicial institution in the Kurdistan Region, issued a statement upholding the validity of the 2007 Oil and Gas Law. The Council noted that Article 92(2) of the Constitution of Iraq requires that the Iraqi Council of Representatives pass a law to establish an Iraqi Federal Supreme Court. No such law has ever been enacted. Iraq, therefore, does not have a constitutionally established Federal Supreme Court. The court that issued the 15 February 2022 opinion purporting to invalidate the 2007 Oil and Gas Law has no constitutional authority to do so. On the contrary, the issuance of the 2007 Oil and Gas Law was entirely authorised under the Constitution of Iraq. As such, legally, the Oil and Gas Law remains in full force.

On 2 June 2022, the Kurdistan Regional Government filed a criminal complaint against a Director General in the Baghdad Ministry of Oil for abusing his power and position by intimidating and harassing the IOCs working in the Kurdistan Region of Iraq. In the view of the Kurdistan Regional Government, emails and letters sent to the IOCs undertaking work in the Kurdistan Region by that Director General were sent with the intention of intimidating the IOCs and interfering with the contractual rights of the IOCs and the Kurdistan Regional Government. The contracts entered into between the IOCs and the Kurdistan Regional Government are entirely in accordance with the 2007 Oil and Gas Law.

On 5 June 2022, the Erbil Court of Investigation ruled that the lawsuits filed in the Al Karkh commercial court against the IOCs must be brought to the Erbil Court to be examined as evidence in this criminal complaint. The Erbil Court also ruled that any lawsuits in the Al Karkh court must be delayed for this purpose, and that named criminal defendants, including the Baghdad Minister of Oil, must attend the criminal hearing in Erbil on 22 June 2022. Iraqi law (Article 26 of Criminal Procedural Law No. 23 of the year 1979) requires that civil proceedings cannot take place while a related criminal investigation is underway. In addition, Article 38 of Civil Procedural Law No. 83 of the year 1969 states that any civil proceeding against the IOCs must take place in the Kurdistan Region, where the IOCs are registered and operate.

Furthermore, on 5 June 2022 the Minister of Natural Resources of the Kurdistan Regional Government filed a civil suit against the Baghdad Minister of Oil. In the view of the Kurdistan Regional Government, the Minister is liable under applicable civil law provisions for sending emails and letters with the intention of intimidating the IOCs and interfering with the contractual rights of the IOCs and the Kurdistan Regional Government.

(Source: KRG Ministry of Natural Resources)

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KRG Judicial Council disputes Supreme Court ruling over Oil

By John Lee.

The Judicial Council of Kurdistan Region of Iraq has issued a statement saying that the provisions of its oil law (Law No. 22, 2007) do not violate the Iraqi Constitution and therefore should be recognized as “standing laws“.

The statement follows months of dispute between Baghdad and Erbil regarding control of the energy resources in Iraqi Kurdistan, with Iraq’s Federal Supreme Court ruling in February that sales of oil and gas by the Kurdistan Regional Government (KRG), independently of the central government in Baghdad, were unconstitutional.

Full statement from KRG:

“The Kurdistan Regional Government’s tenure on the issue of oil and gas exploration on its territory is in accordance with the 2005 Iraqi Constitution. The provisions of Law No. 22, 2007, issued by the Kurdistan Regional Parliament, do not violate the Iraqi Constitution and therefore should be recognized as standing laws.

“The oil and gas sector do not fall under the exclusive purview of the Federal Government of Iraq as stated in Article 110 of the Iraqi Constitution, underpinned by Article 112 of the Iraqi Constitution which states the Federal Government is to manage oil and gas exploration of discovered fields, in conjunction with regional governments and oil-producing provinces. Of that, revenues are supposed to be distributed equally among the population of Iraq.

“Article 112 refers to existing oil wells and fields prior to the ratification of the Constitution in 2005. As such, oil fields discovered in the Kurdistan Region since 2005 fall under the jurisdiction of the Kurdistan Region and the Kurdistan Regional Government. Accordingly, the texts of the Kurdistan Regional Government’s Oil and Gas Law No. 22, 2007, remain in line with the provisions of the Iraqi Constitution.

“Article 92(2) of the Constitution of Iraq requires that the Iraqi Council of Representatives pass a law to establish an Iraqi Federal Supreme Court. No such law has to date been enacted. Iraq, therefore, does not have a constitutionally established Federal Supreme Court. As such, the court that issued the 15 February 2022 opinion purporting to invalidate the Oil and Gas Law (No.22 of 2007) lacks the constitutional authority to do so and, consequentially, the Oil and Gas Law remains in full force as per the Iraqi Constitution.”

Click here to view document from Judicial Council.

(Source: KRG)

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KRG Minister of Natural Resources Resigns

From Rudaw. Any opinions expressed are those of the author(s), and do not necessarily reflect the views of Iraq Business News.

KRG Minister of Natural Resources resigns

The office of the Kurdistan Region Prime Minister announced on Thursday that Minister of Natural Resources, Kamal Atroshi (pictured), has resigned from his post over health issues, at a time of high tension between Erbil and Baghdad over the semi-autonomous Region’s oil and gas laws.

Click here to read the full article.

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New Primary Health Care Centre opens in Kawergosk

Opening of new primary health care centre in Kawergosk to support the local and refugee communities

UNHCR, the UN Refugee Agency, and the General Directorate of Health (DoH) of the Kurdistan Regional Government inaugurated the new Primary Health Care Centre (PHCC) in Kawergosk sub-district in Erbil governorate, the Kurdistan Region of Iraq.

The new Kawergosk Public PHCC will provide primary health care services to over 20,000 people from the Syrian refugee and Iraqi displaced communities living in Kawergosk town and surrounding areas. As a result, UNHCR is contributing to give better access to quality health services to all without discrimination. The newly-established health care centre has the capacity to take 150 to 200 consultations per day

The construction of the PHCC was made possible through a generous contribution from PricewaterhouseCoopers (PwC), one of the largest professional services networks in the world. The land for the project was generously provided by the municipality of Kawergosk, and the Directorate of Health will be managing the PHCC and providing the necessary staff, medical equipment, and medicines.

Mr. Hussain Kalari, the Director General of Joint Crisis Coordination Centre, Ms. Nicole Epting, Deputy Representative of UNHCR in Iraq, Ms Kwestan Ahmed, the Mayor of Khabat district, Mr. Suhaib Asad, Tax Partner at PwC, and Jaivir Singh, Leader of the Global Office for Humanitarian Affairs at PwC, cut the ribbon to announce the opening of the new health centre. The PHCC provides comprehensive primary health care services, including consultations, provision of medicines, laboratory services, emergency referrals, immunization and growth monitoring, reproductive health services and dental care.

“We are grateful for the support and hospitality that the local communities in Kawergosk town have extended to the refugee communities in the nearby Kawergosk camp. In return, we are pleased to now support the national health services for the benefit of all, refugees and Kawergosk local communities alike.” said Nicole Epting.

Jaivir Singh “At PwC, we are committed to supporting and empowering those most in need in a sustained manner. The newly inaugurated primary health centre at Kawergosk will significantly improve the quality of care and services provided to the surrounding communities, making a positive contribution to their lives. I extend my thanks to our partner UNHCR Iraq and the General Directorate of Health (DoH) of the Kurdistan Regional Government for their efforts, as well as our teams at PwC for bringing our values to life.”

UNHCR extends its sincere gratitude to the people and Government of the Kurdistan Region of Iraq, PricewaterhouseCoopers and all the stakeholders who participated in making this project a success.

(Source: UN)

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KRG Denies seizing control of Oil Fields

By John Lee.

The Kurdistan Regional Government (KRG) has denied seizing the Bai Hassan and Dawd Gurg oil fields in Kirkuk from the Iraqi federal government’s Ministry of Oil.

On Saturday, the North Oil Company (NOC), which is owned by the Iraqi National Oil Company (INOC), claimed that the KRG took over the fields in what it said was a contravention of Iraqi law.

The KRG has issued a statement saying the claims are, “completely untrue and are aimed at sowing discord.“

Bai Hassan was originally controlled by the Ministry of Oil (Baghdad), but seized by KRG forces in July 2014. It was subsequently returned to Baghdad (NOC) control in 2017.

(Sources: NOC, KRG)

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GKP outlines Payments to Govts for 2021

By John Lee.

Gulf Keystone Petroleum (GKP) has just published details of its payments to governments for the year 2021:

Introduction

This report sets out details of the payments made to governments by Gulf Keystone Petroleum Ltd and its subsidiary undertakings (“Gulf Keystone”) for the year ended 31 December 2021 as required under Disclosure and Transparency Rule 4.3A issued by the UK’s Financial Conduct Authority (“DTR 4.3A”) and in accordance with The Reports on Payments to Governments Regulations 2014 (as amended in 2015) (“the UK Regulations”) and our interpretation of the Industry Guidance on the UK Regulations issued by the International Association of Oil & Gas Producers. DTR 4.3A requires companies listed on a stock exchange in the UK and operating in the extractive industry to publicly disclose payments to governments in the countries where they undertake exploration, prospection, discovery, development and extraction of minerals, oil, natural gas deposits or other materials.

Basis for preparation

Total payments below £86,000 made to a government are excluded from this report, as permitted under the UK Regulations.

All of the payments made in relation to the Shaikan Production Sharing Contract (“Shaikan PSC”) in the Kurdistan Region of Iraq have been made to the Ministry of Natural Resources (“MNR”) of the Kurdistan Regional Government (“KRG”).

Production entitlements

Production entitlements are the host government’s share of production during the reporting period from the Shaikan Field operated by Gulf Keystone. The figures reported have been produced on an entitlement basis, rather than on a liftings basis. Production entitlements are paid in-kind and the monetary value disclosed is derived from management’s calculation based on the monthly oil sales invoices.

Royalties

Royalties represent royalties paid in-kind to governments during the year for the extraction of oil. The terms of the royalties are described within the Shaikan PSC. Royalties have been calculated on the same basis as production entitlements.

Licence fees and capacity building payments

These include licence fees, rental fees, entry fees, capacity building payments, security fees and other considerations for licences or concessions.

Infrastructure improvement payments

These include payments for infrastructure improvements, whether contractual or otherwise, such as roads, other than in circumstances where the infrastructure is expected to be primarily dedicated to operational activities throughout its useful life.

KRG

Production entitlements in-kind (1) (mboe (2))

5,151

Production entitlements in-kind (1)  ($ ‘000)

255,763

Royalties in-kind (1) (mboe (2))

1,255

Royalties in-kind (1) (2) ($ ‘000)

62,320

Licence fees and capacity building payments in-kind (3) ($ ‘000)

17,385

Infrastructure improvement payments (4)

342

Total (mboe (2))

6,406

Total ($ ‘000)

355,811

Notes

(1)  All of the crude oil produced by Gulf Keystone was sold by the KRG. All proceeds of sale were received by or on behalf of the KRG, out of which the KRG then made payment for cost oil and profit oil in accordance with the Shaikan PSC to Gulf Keystone, in exchange for the crude oil delivered to the KRG. Under these arrangements, payments were made by or on behalf of the KRG to Gulf Keystone, rather than by Gulf Keystone to the KRG. However, for the purposes of the reporting requirements under the UK Regulations, we are required to characterise the value of the KRG’s production entitlements under the Shaikan PSC (for which the KRG receives payment directly from the market) as a payment to the KRG.

(2)  Thousand barrels of oil.

(3)  Capacity building payments are deducted from the monthly crude oil sales invoice, no direct payment is made to the KRG. The value of licence, rental and security fees has been accrued and is not expected to be paid, but rather offset against revenue due from the KRG related to pre-October 2017 oil sales, which have not yet been recognised in the financial statements.

(4)  Drilling of water well, construction of water supply network and purchase of generators.

(Source: Gulf Keystone Petroleum)

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DNO releases latest Production Data

By John Lee.

DNO has issued an update on production and sales volumes for the quarter as well as other key financial information.

Volumes (boepd):

Gross operated production Q1 2022 Q4 2021 Q1 2021
  Kurdistan 106,465 107,472 111,985
  North Sea – – –
Net entitlement production Q1 2022 Q4 2021 Q1 2021
  Kurdistan 26,670 29,367 28,593
  North Sea 12,700 13,571 15,173
Sales Q1 2022 Q4 2021 Q1 2021
  Kurdistan 26,670 29,367 28,593
  North Sea 10,689 23,289 10,953

Selected cash flow items

During the quarter, DNO received USD 206.6 million net from the Kurdistan Regional Government, of which USD 160.7 million represents the entitlement share of October, November and December 2021 Tawke license crude oil deliveries.

Of the balance, USD 13.8 million represents override payments equivalent to three percent of gross October and November 2021 Tawke license revenues and USD 32.1 million represents payments towards arrears built up from non-payment of certain invoices in 2019 and 2020.

DNO paid one tax installment of USD 12.6 million in Norway as tax losses for 2021 ended lower than estimated tax losses that were the basis for tax refunds received during H2 2021.

The Company paid a dividend of NOK 0.20 per share, totaling USD 22.2 million.

(Source: DNO)

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KRG to continue Oil Negotiations with Baghdad

By John Lee.

The KRG’s Council of Ministers held its weekly meeting on Wednesday, led by Prime Minister Masrour Barzani.

Referring to the recent round of discussions to resolve the dispute over oil sales between Erbil and Baghdad, the Council stressed the importance of continuing to defend the Kurdistan Region’s constitutional rights within Iraq.

It added that negotiations with Baghdad will continue until a mutually acceptable agreement is reached concerning the Region’s oil and gas industry.

With no final agreement having yet been reached, the Council added that, while they regard the situation as a violation of the Iraqi oil and gas law, contractual obligations to oil companies currently engaged in the Region will be fulfilled regardless.

(Source: KRG)

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Baghdad, Erbil conclude First Round of Talks on Oil

By John Lee.

The Iraqi federal government in Baghdad and the Kurdistan Regional Government (KRG) have concluded a first round of talks to discuss the management of the Kurdistan region’s oil and gas resources.

The meeting follows the ruling by a federal court in February that exports of oil and gas from the Kurdistan region were unconstitutional.

After the meeting, Baghdad’s Ministry of Oil has said that it has proposed that existing oil contracts in the region be transferred to a new company, to be set up in Erbil but owned by the federal authority. 

Revenues from sales would be lodged to an escrow account at an international bank, owned by the Ministry of Finance.

(Source: Ministry of Oil)

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Deloitte report on Oil and Gas in Iraqi Kurdistan

As part of the KRG’s drive to promote transparency, Deloitte have been commissioned to produce an audited report detailing oil and gas exports, production costs, and revenues for the second half of 2021.

The report, which analyzes the oil and gas industry on a quarterly basis, is now available as a PDF in English, Kurdish and Arabic on the KRG website.

Click here to download the reports.

(Source: KRG)

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