The Role of Management in Licensing Oil Operations: A Comparative Study Between Iraqi Law and UAE Law

Oil is one of the most important things that all countries are looking for, there are countries where this crude oil is high and others import it to meet their needs, and it is also the main source of energy in the world. And it is in many industries that we need in our daily lives, and it is of great economic importance both at the global and local levels, especially for the producing countries. This study aims to identify and prove the hypothesis that the government’s role in issuing oil operations licenses. This license has a dual nature between the administrative decision issued by the competent authority to conduct oil operations under the contract concluded between oil companies. A ministry or regional authority, and an Iraqi or foreigner demonstrating financial and technical ability, has the capacity to conduct oil operations effectively in accordance with the criteria set by the Federal Council and between the contract for which it is intended. Is. Oil operations explore, develop, and produce oil fields in exchange for a fee or fee for certain services provided to the contractor, and the government remains the owner of the fields and oil. The effects of the government’s role in licensing oil operations through the positive effects of increasing public and private revenues in the producing country or the negative effects that lead to harming government interests, such as the selection of inefficient companies as a result of corruption, appear. . The government has an important and effective role in licensing oil operations for all types of contracts concluded between the host country and investment companies as a party to the contract and as a supervisor and supervisor of the implementation of the provisions of the contract. The importance of oil wealth and its impact on human life, through the role of control management and monitoring the partner’s activities during oil operations, participation and project capital management, imposing obligations on the foreign partner and profit sharing, each based on the percentage of participation in Project capital. In case of deviation or contradiction of these actions or decisions, the supervisory body has internal and external licensing and judicial supervision is through supervision of termination and supervision of the whole or comprehensive judiciary. It is worth noting that the Court of Administrative Justice. The competent court to hear complaints against licensing decisions for oil operations due to the lack of identification of the party to which the operation is objected. The government also intervenes in resolving the knot imbalance between foreign companies and the producing country by insisting that the government enforce national laws to protect national wealth, as well as its role in resolving disputes that may arise between them. . Contracting parties and finding solutions through peaceful, friendly and unfriendly ways. Comparative analysis of the laws of Iraq and the UAE and the resulting proposals, including the amendment of Article (115) of the Constitution and the competence of oil operations. Exclusively the central government and the formation of the Supreme Energy Council for any public or private body that issues licenses to operate in the field of energy and prepares trained personnel to negotiate oil contracts and take advantage of government mistakes. In the past decades