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MEOG                                          COMMENTARY                                               MEOG




       Consolidation





       concerns as Iraq





       relaunches INOC






       Iraq is laying the groundwork for the re-launch of the Iraq National Oil Co. (INOC)
       to oversee the development of the country’s oil sector. However, given the

       country’s record with corruption, there are fears about the consolidation of power.



        IRAQ             BAGHDAD has taken steps in recent weeks to  controlled all hydrocarbon revenues and deter-
                         re-create the Iraq National Oil Co. (INOC) as the  mined what was to be passed to the national
                         country seeks to restructure the key sector. As  treasury. It would have owned all upstream,
       WHAT:             the stage is set for the re-emergence of INOC,  midstream, downstream, marketing and tanker
       INOC is set to be   Oil Minister Ihsan Ismaael is being charged with  interests and the associated pipeline and export
       re-launched with the   running the firm in addition to his ministerial  infrastructure and been the only authority
       Minister of Oil at its helm.  duties.                  allowed to sign contracts with IOCs investing in
                           The government has been planning the move  oil and gas and other parts of the energy sector.
       WHY:              for more than 18 months, though efforts to date   As if this was not enough power concentrated
       The company was first   have been delayed by objections by the Federal  in one place, the company would also have had
       established in the 1960s   Supreme Court to proposed changes to the 2018  the power to create a fund to distribute the prof-
       but was folded into the   INOC legislation, which were deemed to have  its, while controlling any future sovereign wealth
       Ministry of Oil around 20   been unconstitutional.     fund and being in full control of all investments
       years later.        Last week, Iraq Oil Report said that it had  in strategic projects in areas of the country in
                         seen a document from the Secretary General  which it operates and in industrial and agricul-
       WHAT NEXT:        of the Council of Ministers providing further  ture projects on any land it owns.
       There were grave   detail on the moves. It said that on August 17   It was therefore unsurprising that former
       concerns about the   the cabinet had decided to amend the INOC  INOC senior economist and now independent
       amount of control that   law, creating the INOC governing board and  consultant Ahmed Mousa Jiyad said that Article
       would have been held   advisory board and conducting a valuation of all  12 of the legislation was “the most ridiculous,
       by INOC under the 2018   companies to be moved from the Ministry of Oil  disintegrative, destructive and unconstitutional
       proposal, and work is   (MoO) to INOC authority.       aspects of this law”.
       being carried out to   In addition, it elected to task the Oil Minis-  In a critique published in March 2018, he said
       address these issues.  ter “to perform the tasks of INOC director in  that Article 12 “provides the legal cover for for-
                         addition … to start the formation of the board  malised corruption and kleptocracy by assigning
                         to ensure the implementation … and to start its  the three funds [the Citizens Fund, Generations
                         tasks and responsibilities according to the law.”  Fund and Reconstruction Fund] at least 10% of
                           INOC, which was established in 1966, but  the revenues of the oil exports at the discretion
                         was incorporated into the MoO in 1986, will be  of the INOC’s board of directors.”
                         a “separate corporate entity enjoying financial   In addition to the oddity of an NOC con-
                         and administrative autonomy, represented by  trolling these funds rather than the government,
                         the president.”                      INOC would be unlikely to be capable of man-
                           Talks remain ongoing over the company’s  aging such funds, given that its area of expertise
                         reformation.                         would presumably be oil and gas development.
                                                                Meanwhile, INOC’s powers would have
                         Scrutiny                             extended yet further, with all revenues generated
                         When the INOC law was proposed in 2018, it  from the export and sale of oil and gas “consid-
                         came under fire. This was not without reason,  ered as financial revenues for INOC”, according
                         though, and given Iraq’s colourful history with  to Jiyad.
                         corruption, it was perhaps for the best that it was   He added: “This is a flagrant violation of the
                         not passed as drafted.               Constitution, which states that oil and gas belong
                           Under the legislation, INOC would have  to the Iraqi people and not a financial return to



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