Ali Zuweid’s political programme
Proposed bill · Energy, Infrastructure, Water, Environment and Urban Development
Federal Oil and Gas, Hydrocarbon Resource Management and Revenue Distribution Law
Executive summary
This proposal establishes a unified federal framework for managing oil and gas as the property of all Iraqi people. It addresses the legislative gap persisting since the 2005 Constitution concerning joint management of existing fields, strategic policy for hydrocarbon development, and unified licensing, contracting, measurement, marketing, revenue deposit, oversight and distribution. Oil and gas ownership in reservoirs shall not transfer to contractors, and all sales and export revenues shall enter the federal public treasury rather than be retained or managed outside the State financial system.
The proposal establishes a Federal Oil and Gas Council including the federal government and representatives of regions and producing governorates in strategic decision-making, separating policy and regulatory functions from commercial operations of public companies and contractors. External marketing of federally produced crude oil and gas shall be through the State Oil Marketing Organization or its lawful successor. A unified national register shall cover resources, contracts, measurement and production, and no contract or transaction may fall outside the federal system established herein.
Net revenues shall be distributed under clear rules: a population-based allocation for all Iraqis, temporary corrective allocations for balanced development in damaged or deprived areas, and objectively calculated compensation to producing regions and governorates for environmental and infrastructure burdens. These shall not create regional ownership of resources or off-budget deductions. Strict rules require publication of contracts, beneficial owners, payments, production and sales, Federal Board of Supreme Audit scrutiny, prevention of conflicts of interest, and continued contracts conditional on disclosure and compliance.
Detailed provisions govern associated gas, progressively prohibiting routine flaring and ending it by 31 December 2030 at the latest, with restricted safety and emergency exceptions. Every project requires gas, emissions, water, decommissioning and rehabilitation plans and financial security for field and facility abandonment. Existing contracts and arrangements undergo an orderly transition of disclosure, review, settlement or conversion into compliant federal contracts, rather than leaving the sector hostage to permanent legal duplication.
Constitutional and legal context
The proposed framework begins with Articles 111 and 112 of Iraq’s 2005 Constitution. Article 111 states that oil and gas belong to all Iraqi people in all regions and governorates. Article 112 requires the federal government, with regional and producing-governorate governments, to manage oil and gas extracted from existing fields and distribute revenues fairly according to population, with time-limited shares for damaged or deprived areas. It also requires joint strategic policies to develop oil and gas resources for the people’s greatest benefit, using modern market principles and encouraging investment.
In decision 59/Federal/2012, consolidated with 110/Federal/2019, issued on 15 February 2022, the Federal Supreme Court affirmed that oil and gas management is subject to the Constitution and applicable federal laws, declared Kurdistan Region Oil and Gas Law No. 22 of 2007 unconstitutional, and required the regional government to hand over production and enable the federal Ministry of Oil and Federal Board of Supreme Audit to exercise statutory powers and review contracts. In its decision concerning National Oil Company Law No. 4 of 2018, the Court also affirmed that transferring federal or shared competences to a public company by legislation violates the Constitution, requiring clear separation between popular ownership, constitutional competence and commercial operation.
More than two decades after the Constitution, no comprehensive federal law implementing Articles 111 and 112 had been enacted as of this document’s date. In March 2026, the Council of Representatives stressed inclusion of the Oil and Gas Law in the government programme. Its Oil, Gas and Natural Resources Committee reiterated the priority of submitting the bill in May 2026. On 6 September 2026, an official statement reported discussion of a bill version before submission to Parliament. The legislative need therefore remains, and no effective law has settled the final framework.
Hydrocarbon Resources Conservation Law No. 84 of 1985 remains part of sectoral legislation. It focuses on technical and economic conservation but predates the 2005 Constitution and does not create a modern federal system for licensing, contracts, revenue distribution and transparency. Ministry of Oil Organisation Law No. 101 of 1976, as amended, Public Companies Law No. 22 of 1997, the Federal Financial Management Law, budget laws and environmental, safety and integrity rules form a fragmented system needing a unified federal sectoral foundation.
Legislative gap and proposed policy
| Problem | Effect | Legislative response |
|---|---|---|
| No comprehensive federal law implementing Articles 111 and 112 | Competing interpretations and disputes over management, contracting and marketing | A comprehensive federal law defining ownership, competences, joint management and decision mechanisms |
| Overlap between the State’s regulatory and operating roles | Weak accountability and conflicting functions | Separate technical regulation and oversight from public companies and contractors |
| Contracts, data and measurement are not unified | Difficulty verifying production, costs and entitlements | A national contract and resource register, federal measurement system and independent audit |
| Disagreement over disposition of production and revenue | Financial and political disputes and delayed public entitlements | Unified external marketing, full treasury deposit and distribution under statutory criteria |
| Weak contract and beneficial ownership transparency | Corruption and conflict-of-interest risks | Publish contracts, payments, beneficial owners and allocation outcomes |
| Continued associated-gas flaring | Economic waste, import dependence, pollution and emissions | Prohibit routine flaring in new developments and end it in existing fields by the end of 2030 |
| Previous contracts and arrangements outside a unified federal framework | Legal and commercial dispute risks | Transitional review, full disclosure, settlement or conversion to federal contracts within defined periods |
The chosen policy is a detailed framework law fixing principles, competences, safeguards and decision mechanisms while leaving changing technical details to binding regulations and instructions issued within deadlines. It does not make the Council of Ministers or Ministry of Oil a direct commercial operator, give public companies resource ownership, or create independent regional or governorate oil shares outside the treasury and budget. Nor does it impose one economic contract model on every field: service, development-and-production or other lawful models are permitted, subject to no transfer of in-reservoir ownership, clear consideration and risk allocation, competition and transparency.
Federal Oil and Gas, Hydrocarbon Resource Management and Revenue Distribution Bill
Proposed legislative formula: Pursuant to the Constitution, particularly provisions on popular ownership of oil and gas, existing-field management, strategic policies, federal competences, public funds and enactment of federal laws, the following Law is enacted.
Chapter One — Definitions, objectives and general principles
Article 1 — Definitions
For this Law, the following terms have the stated meanings unless context requires otherwise:
- Hydrocarbon resources: crude oil, condensates, associated, free and non-associated natural gas, and liquid or gaseous hydrocarbons naturally present beneath Iraqi land or territorial waters.
- Oil and gas operations: exploration, appraisal, development, production, initial processing, gathering, transport, storage, measurement, delivery, marketing, export, abandonment and rehabilitation, insofar as regulated herein.
- Existing field: a field discovered and proven commercially viable or producing when Iraq’s 2005 Constitution took effect. The existing-field register shall be determined by a reasoned decision under Article 24.
- New field: any commercial discovery outside the existing-field definition.
- Contract area: the geographical area specified in a licence or contract effective under this Law.
- Ministry: the federal Ministry of Oil.
- Council: the Federal Oil and Gas Council established herein.
- Regulator: the federal body responsible for technical, economic and supervisory regulation of hydrocarbons under this Law.
- Operator: a public or private company or contracting consortium authorised to manage operations in a contract area.
- Beneficial owner: the natural person ultimately owning or controlling, directly or indirectly, a legal person or deriving economic benefit from it under applicable legislation.
- Delivery point: the legally approved point for quantity and quality measurement and transfer of product custody for transport or marketing, without implying transfer of in-reservoir ownership.
- Hydrocarbon revenues: all cash and in-kind State proceeds from oil, gas and condensate sales, fees, charges, contractual returns, bonuses, fines and other operation-related payments.
- Distributable net revenues: hydrocarbon revenues actually received after deducting legally substantiated direct sovereign costs and due contractual obligations approved in the budget and final accounts.
- Routine flaring: gas flaring during ordinary operation because utilisation, gathering, injection or marketing infrastructure is absent, excluding technically substantiated safety or emergency flaring.
Article 2 — Objectives
This Law aims to:
- Implement constitutional provisions on oil and gas ownership, management, development and revenue distribution.
- Achieve the greatest sustainable economic and social benefit for the Iraqi people from hydrocarbons.
- Unify national sectoral policy while ensuring constitutionally required regional and producing-governorate participation.
- Provide a stable, transparent investment, contracting and competition framework protecting public funds.
- Maximise gas utilisation and reduce waste, flaring and emissions.
- Ensure equitable revenue distribution and balanced development without politicising financial entitlements.
- Improve disclosure, accountability and audit and prevent conflicts of interest and corruption.
- Protect environment, health, safety and affected communities’ rights.
Article 3 — Scope
This Law applies to all hydrocarbon resources and operations in Iraq’s territory, subsoil, internal and territorial waters, and to federal, regional and local bodies, public and private companies and persons undertaking regulated activities.
Article 4 — Public ownership
- Oil and gas in their reservoirs belong to all Iraqi people in every region and governorate. No public or private person may own them or acquire a right in rem over them.
- Licences and contracts confer no ownership of reservoirs or reserves. Contractors’ rights are limited to legally and contractually specified consideration or entitlements after production and measurement.
- Fundamental geological, seismic and reservoir information generated by operations belongs to the State, subject to statutory commercial confidentiality periods.
Article 5 — Governing principles
Resources shall be managed under principles of a unified market and State foreign and trade policy, constitutionally bounded joint management, economic efficiency, sustainability, competition, non-discrimination, transparency, accountability, technical precaution, environmental protection, intergenerational equity, and prevention of monopoly and conflicts of interest.
Article 6 — Primacy of this Law
- This Law applies to every hydrocarbon-related activity, contract and decision.
- No body may issue subordinate legislation, decisions or contracts contrary to the Constitution or this Law.
- General laws remain applicable where no special provision exists, particularly financial management, integrity, environment, labour, investment, customs, taxation, public companies and competition legislation.
Article 7 — Constitutional rights
This Law shall safeguard Iraqis’ rights in national wealth. It shall not deprive residents of a region or governorate of financial or service entitlements because public authorities are in dispute.
Chapter Two — Competences and management of federal resources
Article 8 — Federal government competence
Through competent institutions, the federal government shall exercise constitutional and federal statutory powers, particularly sovereign external economic and trade policy, treasury and budget management, cross-border marketing and exports, national measurement and data standards, international oil commitments and unified national resource policy.
Article 9 — Joint management of existing fields
- Existing fields shall be managed by the federal government with the relevant regional or producing-governorate government according to location, through the Council and approved plans and contracts herein.
- Participation includes development and production planning, performance and cost review, and field and environmental oversight, without prejudice to exclusive federal competences.
- Participation confers no unilateral right to external contracting, marketing or revenue retention.
Article 10 — Strategic policy and resource development
Through the Council, the federal government and regional and producing-governorate governments shall jointly formulate oil and gas development strategy for the people’s greatest benefit, including exploration, new fields, gas, infrastructure, technology, production capacity and contracting policy.
Article 11 — Regional and producing-governorate powers
Regions and producing governorates shall exercise shared, advisory and local implementation roles prescribed herein, particularly participation in local field plans, monitoring local impacts, facilitating land allocation and local permits, following community and environmental obligations and supplying federal bodies with data.
Article 12 — No institutional duplication
No parallel licensing, contracting, marketing or revenue-collection system may exist outside the federal system herein. Any contrary licence, contract or arrangement issued after commencement shall be unenforceable against the State.
Article 13 — Unified data
The State shall maintain a unified national register of fields, blocks, contracts, reserves, production, measurement and facilities. Federal, regional and local bodies and companies shall supply data under common standards.
Article 14 — Public-funds responsibility
Hydrocarbon resources, revenues, fundamental information and public assets are protected public funds and interests, subject to audit, recovery and accountability under applicable laws.
Chapter Three — Institutional governance
Article 15 — Federal Oil and Gas Council
- A ‘Federal Oil and Gas Council’ shall be established, chaired by the Prime Minister or a delegated deputy.
- Members shall include the Ministers of Oil, Finance, Planning and Environment, a minister-level representative of each producing region, every producing governorate’s governor, and the regulator’s head as non-voting rapporteur.
- Non-producing governors, oversight representatives and experts may attend without voting where matters concern their competence.
Article 16 — Council powers
The Council shall:
- Approve national oil and gas strategy and the five-year resource plan.
- Approve licensing rounds, model contracts and general economic rules before tendering.
- Adopt the existing- and new-field register and substantial amendments.
- Approve development plans for strategic fields or fields crossing administrative boundaries.
- Ratify measurement, allocation and data-retention rules.
- Approve gas, flaring, transport, storage and export-outlet policies.
- Approve the annual distribution mechanism under Chapter Nine and submit it to the Council of Ministers with the draft budget.
- Resolve technical and administrative disputes among public bodies before litigation.
Article 17 — Meetings and decisions
- The Council shall meet at least every three months and whenever necessary.
- Quorum requires a majority of members, including the chair or deputy, Minister of Oil, and at least one representative of producing regions or governorates according to the matter.
- Decisions require an absolute majority of attendees; strategic policy, contract-model and distribution decisions require two thirds of attendees.
- Decisions shall be reasoned and published within fifteen days, excluding legally protected information.
Article 18 — Ministry of Oil
The Ministry shall prepare policies and proposals, implement Council decisions, maintain the national register, supervise federal licences and contracts, monitor performance, coordinate local bodies and prepare sectoral plans and data. It shall not commercially compete with public companies or contractors.
Article 19 — Regulator
- A technical regulatory body shall be created within the Ministry, independent of public companies and contractors in supervisory decisions. A special regulation shall establish its structure and professional independence safeguards.
- It shall handle technical licensing, inspection, measurement, reserve verification, safety and reservoir-efficiency monitoring, contract and development-plan compliance, and regulatory reporting.
- Anyone formerly serving a regulated operator as manager, negotiator or commercial officer shall not hold regulatory leadership until two years after leaving, and vice versa, subject to labour and public service laws.
Article 20 — Public oil companies
Public oil companies shall conduct operations and commerce under applicable laws and approved contracts and plans, without regulatory powers or exclusive rights beyond statute. Commercial accounts shall be separated from sovereign State functions.
Article 21 — State Oil Marketing Organization
- The State Oil Marketing Organization or lawful successor shall exclusively market crude oil, condensates and the State’s shares of exportable gas externally.
- Sales shall follow uniform, competitive commercial standards, with proceeds deposited directly into approved sovereign accounts.
- Monthly publication shall cover quantities sold, average prices, destinations, quality differentials and commercial costs, without prejudicing ongoing negotiations or narrowly defined statutory confidentiality.
Chapter Four — Planning, data and reserves
Article 22 — National resources plan
Every five years, the Ministry shall prepare a national hydrocarbon resources plan with producing regions, governorates and competent bodies, covering resource estimates, domestic demand, export capacity, gas, infrastructure, price and investment scenarios and risks. The Council shall approve it and a summary shall be published.
Article 23 — National database
A unified national geological, reservoir and production database shall be established. Operators shall deliver raw and processed data, models and reports within deadlines. Temporary commercial access may be granted under uniform fees and conditions without transferring ownership.
Article 24 — Existing-field register
- Within one hundred and eighty days of commencement, the Ministry shall prepare a technical and legal list of existing fields under Article 1, consulting producing bodies.
- The Council shall adopt the list, published in the Iraqi Gazette and official website.
- Classification may be challenged in the competent court within thirty days of publication.
Article 25 — Reserve and resource estimates
Recognised international classification standards shall apply. Estimates with major financial implications require periodic independent technical review. Unaudited reserves shall not form a definitive basis for valuation or sovereign borrowing.
Article 26 — Statistical publication
The Ministry shall publish production, delivery, export and flaring data monthly; drilling, discovery and approved updated reserve data quarterly; and an annual comprehensive sector report including contractual obligations and environmental and financial indicators.
Chapter Five — Licensing, contracts and investment
Article 27 — Competition
Exploration, development and production rights shall normally be awarded through fair public competition. Direct award is permitted only for proven strategic or technical necessity through a reasoned Council of Ministers decision on Council recommendation, with reasons and substantive terms published.
Article 28 — Prequalification
Bidders must demonstrate financial and technical capacity, safety, environmental and integrity records, beneficial ownership disclosure, and no final conviction for corruption, money laundering or serious contractual fraud during the period set by regulation.
Article 29 — Tender documents
Tender documents shall include the block, available data, evaluation criteria, model contract, financial, technical and environmental limits, local-content requirements and guarantees. Selection criteria shall not change after bid opening unless the round is cancelled and rerun.
Article 30 — Contract models
- Service, development-and-production, revenue-sharing or other Council-approved models may be used where they preserve public ownership of in-reservoir resources and State rights to regulate, audit and market.
- Models shall define risks, costs, consideration, incentives, any cost recovery, taxes, fees, termination, abandonment and dispute settlement.
- Contracts shall not permanently waive State legislative or regulatory authority or confer general exemption from future laws of general application.
Article 31 — Exploration term
Exploration terms shall reflect block characteristics and initially not exceed five years. One or more extensions totalling no more than three years may be granted where minimum commitments are met and technical justification exists.
Article 32 — Commercial discovery
Contractors shall notify discoveries and submit appraisal programmes. A discovery is commercial only after regulatory approval of feasibility and preliminary development plans under published economic and technical criteria.
Article 33 — Development and production term
Each field’s development and production term shall not exceed twenty-five years from plan approval, extendable by no more than five years after assessing reserves, investment, performance and public interest. Statutory exceptions may apply to gas contracts or specially structured integrated projects by reasoned decision.
Article 34 — Assignment and change of control
Assignment of contracts or interests, or material changes in contractor control, require prior approval and renewed verification of qualifications, beneficial ownership and assignee capacity. Approval does not release prior obligations unless the transfer decision provides otherwise.
Article 35 — Guarantees
Contractors shall provide suitable, independent financial guarantees for performance, environmental obligations and abandonment, enforceable on breach under contractual conditions.
Article 36 — Allowable expenditure
No State expenditure or recoverable cost shall be approved unless necessary, reasonable, documented and incurred under a valid contract and auditable procurement. Related-party costs may be rejected where above market price or undisclosed.
Article 37 — Related-party contracts
Operator contracts with affiliated companies require prior disclosure and arm’s-length testing. The regulator may require competition or independent cost evaluation.
Article 38 — Contract publication
Full contracts, annexes and material amendments shall be published within thirty days of effectiveness. Narrow technical or commercial secrets may be withheld for a specified period by reasoned decision. Prices, financial consideration, duration, general obligations and beneficial ownership are not protected secrets.
Chapter Six — Development, production and reservoir conservation
Article 39 — Development plan
No field development shall begin without an approved plan covering reservoir modelling, target rates, processing, transport and gas facilities, water, procurement, schedule, measurement, environment, safety, abandonment and financial estimates.
Article 40 — Sound reservoir management
Operators shall follow sound engineering practice to prevent reservoir damage, uneconomic depletion and harmful well or field interference. The regulator may require reduced or adjusted production where technical risk is established.
Article 41 — Unitisation of shared reservoirs
Where a reservoir crosses contract areas, regions or governorates, a unified development plan or unitisation agreement Unitization shall ensure optimal management and production and cost allocation using impartial technical data.
Article 42 — International transboundary fields
Reservoirs crossing international borders shall be managed under Iraq’s foreign policy and agreements concluded constitutionally and lawfully. Contractors shall not negotiate with foreign States on Iraq’s behalf.
Article 43 — Measurement
- Approved metering systems shall be installed at wells, gathering facilities and delivery and export points as required.
- Meters shall undergo calibration, sealing and periodic audit by an accredited independent body.
- Deliberate measurement manipulation or disabling recording equipment is an offence under this Law, without prejudice to harsher penalties.
Article 44 — Allocation among fields
Where production from multiple fields or contracts is commingled, an allocation system Allocation shall be transparent and auditable, accounting for quantity, quality, density and sulphur differences and permissible losses.
Article 45 — Production limits
Annual production shall reflect reservoir efficiency, State plans, applicable international commitments and market needs. Generally applied lawful reductions are not contractual breaches unless a specific lawful compensation provision applies.
Article 46 — Produced water and materials
Operators shall treat or reinject produced water and by-products under environmental and technical standards, prevent discharges contaminating water or soil, measure quantities and publish annual indicators.
Article 47 — Preventing waste
Economic or technical destruction or waste of oil, gas and hydrocarbon liquids is prohibited. The regulator may immediately stop unlawful practices and charge operators resulting costs and damage.
Chapter Seven — Natural gas, flaring and emissions
Article 48 — Priority for gas utilisation
Associated-gas gathering, processing, utilisation or reinjection shall be mandatory components of every oil-field development plan. Free and non-associated gas projects shall be assessed against energy security, economic feasibility, domestic industry and exports.
Article 49 — No routine flaring in new projects
No new-field development plan containing routine flaring shall be approved. A commercial, industrial, power-generation or reinjection solution is required before sustained production begins.
Article 50 — Ending existing routine flaring
- Within one hundred and eighty days, the Ministry shall establish a binding national plan to end routine flaring in existing fields.
- The final deadline shall be 31 December 2030, with annual field-level targets.
- Direct venting is not an acceptable substitute for flaring and shall be limited to technical safety cases specified by regulation.
Article 51 — Emergency flaring
Safety, testing or emergency flaring may occur within specified time and quantity limits. Operators shall record and report reasons, quantities and duration. Unjustified repetition shall be investigated by the regulator.
Article 52 — Gas measurement and disclosure
Every operator shall measure produced, used, processed, reinjected, flared and vented gas and publish monthly aggregates and annual field-level data.
Article 53 — Gas-capture incentives
On Council and Ministry of Finance recommendation, the Council of Ministers may grant transparent time-limited or investment incentives for viable gas-capture and shared-infrastructure projects without unjustified treasury commitments. Incentives shall be published and periodically evaluated.
Chapter Eight — Transport, storage, marketing and exports
Article 54 — Strategic infrastructure
Major pipelines, pumping and storage stations, export outlets and national measurement systems are strategic infrastructure, governed by unified federal policy ensuring supply security, diversified outlets and non-discrimination.
Article 55 — Network access
Pipeline, processing and storage operators may be required to offer spare capacity to third parties on fair, non-discriminatory technical and commercial terms, without impairing financing agreements or operational safety.
Article 56 — Tariffs
Regulated infrastructure tariffs shall reflect efficient cost and a reasonable published return, subject to periodic review. Non-transparent cross-subsidies between projects are prohibited.
Article 57 — Delivery for marketing
Crude oil and condensates designated for export shall be delivered at approved points to the State Oil Marketing Organization. Instructions shall govern quality, blending, losses, stocks and settlement.
Article 58 — Sales contracts
Sales contracts shall follow competition, value maximisation, market diversification and credit and trade-sanctions risk management, under published internal rules insofar as consistent with State commercial interests.
Article 59 — No parallel sales
No ministry, region, governorate, public company or contractor may independently sell State-owned crude oil or gas abroad outside the approved marketing channel. Illegally received proceeds are a debt repayable to the treasury, without prejudice to legal liability.
Article 60 — Export security
The government shall periodically plan diversified export outlets, strategic storage, protection of pipelines and loading ports, and business continuity, presenting a non-confidential summary annually to Parliament.
Chapter Nine — Revenue, distribution and fiscal equity
Article 61 — Unified revenues
- All State hydrocarbon revenues shall be deposited directly into sovereign public treasury accounts under the Federal Financial Management Law.
- No body may retain revenues or open separate accounts outside the federal financial system except under special statutory provision.
- Cash and in-kind revenues shall be recorded under government accounting standards and audited.
Article 62 — Calculating net revenues
The Ministry of Finance, with the Ministry and Federal Board of Supreme Audit, shall establish an annual distributable-net-revenue methodology showing gross revenue, accepted sovereign and contractual costs and adjustments, incorporated into final accounts.
Article 63 — Population-based distribution
Public revenues shall be equitably distributed nationwide through the federal budget, principally according to population using the latest official census or approved estimates where a census is unavailable, without affecting revenues’ unified sovereign character.
Article 64 — Temporary corrective share
- The budget shall allocate time-limited shares to regions and governorates disproportionately damaged or deprived, under a national deprivation, damage and balanced-development index.
- The budget law shall define the index using statistical agency and oversight and service ministry data, reviewed every three years.
- Temporary shares shall not become permanent entitlements or resource ownership percentages.
Article 65 — Compensation for producing areas
Budget appropriations shall objectively compensate producing regions and governorates for production-related infrastructure, environmental, health and safety burdens, based on activity levels, demonstrated impacts and remediation plans. They are not ownership shares and shall not be deducted before treasury deposit.
Article 66 — Protecting rights from disputes
Residents’ salaries and basic-service funding shall not be suspended over oil disputes between the federal government and a region or governorate. Constitutional entitlements shall continue under a temporary judicially determined or budget-law mechanism while audit and intergovernmental settlement proceed.
Article 67 — Intergovernmental settlements
Mutual production, cost and revenue obligations shall be settled quarterly after Federal Board of Supreme Audit review and coordination with regional audit bodies. Aggregate settlement results shall be published.
Article 68 — Stabilisation and future-generations funds
Revenue may be allocated to stabilisation or future-generations funds under special legislation defining objectives, governance, withdrawal limits, investment and oversight. No off-treasury fund or account may be created by instruction or contract.
Chapter Ten — Transparency, audit and integrity
Article 69 — Disclosure
Contract, allocation, production, sales, payment and beneficial ownership data are public information. Access may be restricted only as necessary to protect a specific technical or negotiating secret for a defined period.
Article 70 — Contract and beneficial ownership register
The Ministry shall establish an open electronic register of all licences, contracts, amendments, parties, interests, beneficial owners, guarantees, durations and implementation status, linked to company registers and oversight bodies.
Article 71 — Payment disclosure
Government bodies and companies shall annually disclose taxes, fees, bonuses, in-kind payments, contractual consideration and public-company treasury transfers, at project level wherever possible.
Article 72 — Audit
The Federal Board of Supreme Audit shall have full access to contracts, accounts, measurements, invoices, sales accounts, transfers and related parties. It may use independent international experts where needed, preserving legal confidentiality.
Article 73 — Conflicts of interest
Council members and negotiation, regulatory and marketing personnel shall disclose relevant financial and employment interests and recuse themselves from affected decisions. Asset-disclosure, illicit-enrichment and applicable penalty rules shall apply.
Article 74 — Bribery and unlawful intermediation
Every licence and contract shall permit suspension or termination following a final judgment establishing bribery, fraud or collusion in award or implementation, preserving State compensation and recovery rights.
Article 75 — Extractive transparency standards
Covered bodies shall supply data needed for international transparency standards adopted by Iraq, including public companies, contracts, beneficial ownership and payments, without replacing this Law’s broader publication duties.
Chapter Eleven — Environment, safety and abandonment
Article 76 — Environmental assessment
No development plan or major facility shall be approved before lawful environmental and social impact assessment, publication of a summary and consultation with affected communities and local bodies.
Article 77 — Emission and leakage standards
The Ministry of Environment and Ministry shall set standards for emissions, methane leakage, organic compounds, pollutants and produced water, requiring leak detection and repair, measurement and reporting programmes.
Article 78 — Facility safety
Operators shall maintain integrated safety management and emergency, firefighting and spill-response plans. Critical facilities require periodic independent audit, and operations may be stopped for imminent danger to life or environment.
Article 79 — Environmental compensation
Responsible parties shall bear prevention, response, clean-up, rehabilitation and environmental compensation costs under applicable laws. Minimum regulatory compliance does not excuse negligence or violations.
Article 80 — Abandonment plan
Every development plan shall initially include a preliminary well and facility abandonment, decontamination and site-restoration plan, periodically updated before production life ends.
Article 81 — Abandonment financial security
Contractors shall establish a dedicated account or financial guarantee for abandonment costs under regulatory methodology. It shall not be distributed to partners or used otherwise.
Article 82 — End-of-contract asset transfer
Assets contractually transferable to the State shall pass at contract end in safe operating condition and free of undisclosed liabilities, after inspection and valuation.
Chapter Twelve — Local content, labour and communities
Article 83 — Local content
The Council shall establish a competition-, quality- and value-for-money-based national local-content policy, with progressive verifiable Iraqi employment, domestic procurement and knowledge-transfer targets, without mandating particular suppliers or uncompetitive favouritism.
Article 84 — Training and knowledge transfer
Every contract shall contain annual training plans, indicators for developing Iraqi personnel into senior technical and managerial roles, and university, institute and local-supplier programmes proportionate to project size.
Article 85 — Workers’ rights
Labour, safety, social security, equal-pay and non-discrimination laws apply. Subcontracting shall not circumvent worker rights or safety requirements.
Article 86 — Affected communities
Projects with local impacts require community engagement plans and public grievance mechanisms. Community investment shall coordinate with governorate plans to avoid duplication and patronage. Donations do not replace legal duties or compensation.
Article 87 — Land and expropriation
Ownership or use rights may be taken or restricted only for public benefit, under law and with fair compensation through applicable procedures. Negotiation and less harmful alternatives shall precede expropriation.
Chapter Thirteen — Disputes, oversight and penalties
Article 88 — Administrative grievance
Interested parties may challenge final regulatory or contractual decisions before a functionally independent grievance committee appointed by the Minister within thirty days of notification. Decisions shall follow within thirty days, without precluding judicial appeal.
Article 89 — Courts and arbitration
- Administrative decisions are subject to competent Iraqi courts.
- International commercial contracts may provide mediation or arbitration under applicable law and treaties, excluding legislative validity, constitutional State powers and public penalties.
- Contracts shall expressly specify governing law, arbitration seat, language and award-enforcement mechanisms.
Article 90 — Administrative sanctions
After allowing a defence, the regulator may issue warnings, corrective plans, administrative fines and partial or full activity suspensions proportionate to severity. The Council may recommend termination for continuing material breaches.
Article 91 — Serious violations
Serious violations include unauthorised production or export, deliberate metering manipulation, concealed beneficial ownership, materially falsified data, unlawful revenue disposition, and deliberate flaring or discharge causing serious harm.
Article 92 — Financial penalties
Legal persons committing serious violations shall receive fines of no less than twice and no more than five times unlawful benefit, or a judicially determined percentage of the affected production value, with possible confiscation, compensation and restitution. Responsible individuals remain punishable under applicable laws.
Article 93 — Compensation and recovery
Fines do not preclude recovery of unlawfully obtained revenues, resources or assets or liability for environmental remediation and breach-related damage.
Article 94 — Limitation periods and records
Records, contracts, measurements and accounts shall be retained for at least ten years after the financial year ends or the contract expires, whichever is later. Relevant criminal and civil limitation periods apply.
Chapter Fourteen — Transitional and final provisions
Article 95 — Inventory of existing contracts and arrangements
Within ninety days of commencement, all public bodies, including regional bodies, shall provide the Ministry and Federal Board of Supreme Audit complete contracts, licences, amendments, guarantees, production and sales accounts, debts and hydrocarbon-related obligations.
Article 96 — Transitional settlement committee
- The Council of Ministers shall form a joint federal legal, financial and technical committee representing the Ministry, Finance, Planning, Federal Board of Supreme Audit and relevant region or governorate to review previous contracts not concluded under a unified federal framework.
- Contracts shall be classified as continuable unchanged, capable of settlement and conversion, or incapable of approval because they violate mandatory rules or final judgments.
- Review shall proceed contract by contract, protecting public funds and production continuity, avoiding unjust enrichment and respecting final judgments.
Article 97 — Conversion and settlement deadline
Settlements or conversions shall conclude within twelve months after the inventory, extendable once by six months through a reasoned Council of Ministers decision. Necessary safety and production-preservation operations may continue under published temporary arrangements creating no new rights.
Article 98 — Hydrocarbon Resources Conservation Law
Hydrocarbon Resources Conservation Law No. 84 of 1985 shall be repealed when replacement technical regulations under this Law take effect, within eighteen months at the latest. Existing technical instructions remain temporarily effective insofar as compatible.
Article 99 — Iraqi National Oil Company Law
This Law shall not reinstate powers previously declared unconstitutional under Iraqi National Oil Company Law No. 4 of 2018. Within one hundred and eighty days, the Council of Ministers shall submit a bill amending or repealing remaining provisions inconsistent with this Law and Federal Supreme Court decisions.
Article 100 — Ministry of Oil Organisation Law review
Within one year of commencement, the Council of Ministers shall submit to Parliament a bill updating Ministry of Oil Organisation Law No. 101 of 1976 in line with institutional separation and regulatory and operational functions herein.
Article 101 — Regulations and instructions
The Council of Ministers shall issue regulations and the Minister technical instructions within the following periods from commencement: six months for contracts, transparency, beneficial ownership and measurement; nine months for facility safety, data management and local content; twelve months for abandonment, flaring, emissions and infrastructure access.
Article 102 — Conflicting provisions
Lower-ranking legislation, decisions and instructions shall be impliedly repealed or amended to the extent of inconsistency. Valid pre-existing rights and obligations remain subject to transitional provisions.
Article 103 — Entry into force
This Law shall take effect ninety days after publication in the Official Gazette, except provisions with specific dates. The Council of Ministers and competent bodies shall implement it.
Statement of reasons
To implement constitutional ownership of oil and gas by all Iraqi people; regulate joint existing-field management, strategic development policy and equitable revenues; end the legislative vacuum producing divergent practices, contracts and intergovernmental disputes; unify exploration, development, production, measurement, marketing, exports and revenue deposits; strengthen transparency, audit and public-funds protection; utilise gas and reduce flaring and waste; protect environment and producing communities; and regularise previous contracts in transition to a stable, investment-supporting federal system, this Law is enacted.
Explanatory memorandum
1. Why does Iraq need this Law?
The issue is not complete absence of technical rules: Iraq has a Ministry, public companies, older legislation, extensive contracts and deep operational experience. The fundamental gap is a comprehensive post-2005 federal law connecting popular ownership to clear constitutional intergovernmental management and defining relations between the State as legislator, regulator and public owner and commercial public companies and contractors. The sector has relied on pre-constitutional laws, temporary budget provisions, political arrangements, varied contracts and judgments addressing particular disputes rather than replacing legislation.
As of 5 October 2026, no final federal oil and gas law had been enacted. Official bodies confirmed throughout 2026 that it remained a legislative priority and a version was under discussion before parliamentary submission. This proposal therefore addresses a real need for new legislation, not merely a limited amendment to Law 84 of 1985.
2. Constitutional basis
The proposal gives equal weight to popular ownership, joint existing-field management and joint strategic policy. It adopts neither operational centralisation eliminating producing regions’ and governorates’ roles nor multiple sovereign systems allowing independent external contracts, marketing and revenue collection. The solution centralises fiscal and trade sovereignty, data and standards while ensuring genuine institutional participation in technical and strategic decisions.
3. Federal Supreme Court decisions
The 15 February 2022 judgment on Kurdistan’s Oil and Gas Law has structural implications: a new federal law cannot leave room for parallel contracting, exports or revenue collection. Repeating the judgment is insufficient; practical transition needs legal review and settlement of existing contracts without abruptly stopping production or creating unnecessary investment claims. Hence mandatory inventories, a settlement committee, contract-by-contract classification and defined transition periods.
The National Oil Company judgment likewise demonstrates the danger of mixing sovereign powers with a commercial entity. No public company therefore receives policy-making powers or control over marketing or revenue distribution; commercial operations remain separate from regulatory and constitutional decisions.
4. Why a Federal Oil and Gas Council?
The Council translates ‘together’ in Article 112 into a continuing decision-making institution, rather than adding ceremonial bureaucracy. Chaired by the Prime Minister, it includes sovereign and sectoral ministers and producing-unit representatives. Strategic decisions require an enhanced majority, while exclusive federal powers remain federal. This ensures meaningful participation without undermining State unity or granting one party an absolute veto.
5. Why separate regulation and operations?
A challenge for producing States with large national companies is conflicting State roles as legislator, regulator, owner, operator and buyer. The proposal neither privatises public companies nor abolishes them. It makes them commercial operators subject to the same measurement, safety and audit rules, with a technical regulator inside the Ministry conducting inspection and compliance independently of company commercial interests.
6. Contract-model choices
The proposal neither mandates one technical service contract nor automatically adopts production sharing. Iraqi fields differ in risk, depth, infrastructure, gas, reserves and exploration needs. Multiple models are therefore permitted where they retain public in-reservoir ownership, clearly allocate consideration and risk, and undergo competition, publication and audit. Flexibility prevents the Law obstructing border, gas or high-risk exploration fields.
7. Marketing and revenue
Unified external marketing concerns more than commerce: it involves foreign trade policy, pricing, credit, sanctions, outlets and shipping contracts, and the ability to verify treasury receipt for every sold barrel or gas unit. The proposal therefore reserves external marketing to the State Oil Marketing Organization or successor, prohibits parallel sales and requires sufficient monthly data for public oversight.
8. Revenue distribution
The proposal distinguishes resource ownership from public spending distribution. Resources belong to all Iraqis and revenue enters the treasury first, then flows through population-based budgets with two constitutionally and objectively grounded additions: temporary correction for damaged or deprived areas and compensation for producing areas’ environmental and infrastructure burdens. Neither may become a permanent off-budget deduction or local oil ownership right.
9. Gas and flaring
Gas is a major source of structural waste in Iraqi energy. The World Bank lists Iraq among the largest flaring countries, and Iraq endorses Zero Routine Flaring by 2030. The proposal converts political commitment into law: no routine flaring in new fields, elimination in existing fields by the end of 2030, measurement, disclosure and narrow safety exceptions. Unrestricted methane venting is expressly prohibited as a substitute.
10. Transparency
Extractive Industries Transparency Initiative data show Iraq still needs substantial disclosure and governance improvements, particularly for public companies, contracts and beneficial ownership. The proposal therefore goes beyond a general transparency statement, requiring contracts, amendments, beneficial owners, payments and production to be published, granting full audit access and narrowly limiting commercial confidentiality.
Alignment with existing legislation and decisions
| Existing framework | Status | Proposal’s effect |
|---|---|---|
| Constitution of the Republic of Iraq, 2005 — Articles 111 and 112 | Direct constitutional basis | Transforms principles into management, distribution and development institutions and rules |
| Federal Supreme Court decisions 59/2012 and 110/2019 — 15/2/2022 | Final and binding | Unifies licensing, contracting, marketing and revenues and creates a transition for earlier contracts |
| Federal Supreme Court decision 66 and consolidated cases 71/157/224 of 2018 | Invalidated substantive National Oil Company Law provisions | Separates sovereignty and regulation from operations and requires separate legislation addressing remaining provisions |
| Hydrocarbon Resources Conservation Law No. 84 of 1985 | Pre-constitutional technical framework | Progressively replaced after new technical regulations within 18 months |
| Ministry of Oil Organisation Law No. 101 of 1976, as amended | Older institutional framework | Retained temporarily, with an updating bill submitted within one year |
| Federal Financial Management Law and budget laws | Treasury and expenditure regulation | Makes federal revenue deposit and settlement permanent rather than temporary annual rules |
| Environment, integrity, labour and public-company laws | Complementary general legislation | Remain applicable, supplemented by sector-specific requirements |
Enactment should accompany a parallel programme updating the Ministry of Oil Law and resolving the National Oil Company Law’s legal status. Leaving old or truncated provisions after constitutional judgments would recreate the overlap this proposal seeks to end.
Transitional provisions and implementation requirements
The proposal uses phased transition rather than immediate disruption. Contracts and data are inventoried within 90 days, existing fields registered within 180 days, and contract, measurement and transparency rules established within six months. Non-unified previous contracts enter review and settlement normally lasting twelve months after inventory, with limited necessary extension. Technical Law 84 of 1985 remains temporarily until replacement regulations, no later than eighteen months.
| Maximum period | Requirement | Lead body |
|---|---|---|
| 90 days | Inventory existing contracts, licences, revenues, debts and guarantees | Oil Ministry + Finance + Federal Board of Supreme Audit + regional bodies |
| 180 days | Approve existing-field register; contract, transparency, beneficial ownership and measurement rules; form settlement committee | Council + Council of Ministers + Ministry |
| 9 months | Safety, data-management and local-content rules | Ministry, regulator and Environment Ministry |
| 12 months | Abandonment, flaring, emissions and infrastructure-access rules; submit Ministry of Oil Law update | Council of Ministers and competent ministries |
| 18 months | Complete replacement of the technical framework of Law 84 of 1985 | Council of Ministers and Ministry |
| By 31/12/2030 | End routine flaring in existing fields | Operators, Ministry and regulator |
Financial and implementation impact
The proposal creates no specified government capital-spending programme or general financial figure reliably estimable without detailed institutional, contractual and digital-system data. Implementation therefore requires an official cost assessment within 90 days, distinguishing regulation, measurement and data, audit and contractual settlement costs from capital investment borne by operators under contracts.
Expected direct costs include strengthening regulation, unifying databases, electronic measurement and audit, contract and beneficial ownership portals, and settlement and valuation experts. Budgets and reasonable regulatory fees deposited in the treasury may fund these functions. Gas capture, flaring elimination and abandonment costs primarily belong in field plans and contracts, determined project by project rather than through an unrealistic aggregate.
The proposal seeks to reduce four fiscal leakages: unauditable costs, undocumented measurement differences, off-treasury sales or revenue, and wasted associated gas. Publication and unified audit also reduce uncompetitive pricing and conflicts of interest. No specific savings should be claimed before an audited baseline exists.
Comparative and international foundations
The proposal does not copy another country’s law. It uses common modern-resource principles: regulatory–operator separation, competitive allocation, unified resource and contract registers, contract and beneficial ownership publication, payment audit, abandonment security and field-level flaring and emissions management. This aligns with EITI transparency requirements and the World Bank’s initiative to end routine flaring by 2030, endorsed by Iraq.
Three Iraqi characteristics cannot be imported from foreign models: constitutional ownership by all the people, shared existing-field management and policy-making, and the acute dependence of the federal budget on oil revenue. Distribution, intergovernmental agreement and marketing oversight consequently receive greater weight than in many conventional petroleum laws.
Sources and references
- Iraqi Council of Representatives — Constitution of the Republic of Iraq, 2005. Articles 110, 111, 112, 115, 121 and 130, particularly oil and gas ownership, joint management and strategic policy. Official source.
- Federal Supreme Court — decision 59/Federal/2012 and consolidated 110/Federal/2019, 15 February 2022. Unconstitutionality of Kurdistan Region Oil and Gas Law No. 22 of 2007 and consequences for production, contracts and audit. Official source.
- Federal Supreme Court — principles of decisions 59/Federal/2012 and 110/Federal/2019. Published principles on federal competences, popular ownership, oil management and budget obligations. Official source.
- Federal Supreme Court — decision 66 and consolidated 71/157/224/Federal/2018. Unconstitutionality of Iraqi National Oil Company Law No. 4 of 2018 provisions infringing federal or shared competences. Official source.
- Federal Supreme Court — decision 49 and consolidated 83/Federal/2022. Invalid executive measures completing National Oil Company establishment before legislative treatment of annulled provisions. Official source.
- Federal Supreme Court — decision 224 and consolidated 269/Federal/2023, 21 February 2024. Oil and non-oil revenue obligations and audit in fiscal relations with the Kurdistan Region. Official source.
- Iraqi Ministry of Environment — environmental legislation register. Records Hydrocarbon Resources Conservation Law No. 84 of 1985, published in Iraqi Gazette No. 3068 on 21/10/1985. Official source.
- Oil Exploration Company/Ministry of Oil. Current competences and reference to operations under Hydrocarbon Resources Law No. 84 of 1985. Official source.
- Iraqi Council of Representatives — decisions of session 14, March 2026. Emphasises enactment of the Oil and Gas Law and unified management of production sources, transport and distribution. Official source.
- Parliamentary Oil, Gas and Natural Resources Committee — 4 May 2026. Identifies the bill as a legislative priority and requests government submission. Official source.
- Iraqi Council of Representatives — statement of 6 September 2026. Confirms discussion of an Oil and Gas Bill version before parliamentary submission. Official source.
- Federal Supreme Court and General Budget Law 2023–2025. Judicial and legislative revenue-transfer, audit and settlement provisions, used here to identify the need for permanent rules instead of temporary annual provisions.
- Extractive Industries Transparency Initiative (EITI) — Iraq. The 2025 validation result and governance, disclosure, contract, public-company and beneficial ownership data. Source.
- World Bank — Global Gas Flaring Tracker 2026. Iraq’s continued position among major flaring countries and the importance of gas capture for energy security and emission reduction. Source.
- World Bank — Zero Routine Flaring by 2030 initiative. Iraq is an endorsing government; the initiative seeks elimination of routine flaring by 2030 and prevention in new developments. Endorsers and Initiative text.
- International Monetary Fund — Iraq Article IV Consultation, 2025. Indicators of fiscal reliance on oil revenues and oil-sector projections for 2024–2026, used to assess the importance of fiscal governance, not as contractual or production targets in this Law. Source.
Last verification of legislative and institutional status and live sources: 5 October 2026.