Fiscal Guarantees in The Contract6 Apr 2025 13:48
Seeing as how some are still hyperventilating about how legality of the GKP PSC will solve all problems, I thought it might help if the relevant clause(s) were looked at once again.
Starting with P5/122 which clearly states: "The Kurdistan Regional Government of Iraq (Hereafter referred to as "THE GOVERNMENT")
And, followed on P11/122 which states: Government of Iraq means the Federal Government of the Republic of Iraq.
(My comment: clearly identifying which government is being referred to at any time)
Moving on to P88/122 - GOVERNING LAW, FISCAL STABILITY AND AMENDMENTS
43.1 (Governing Law): This Contract, including any dispute arising therefrom, thereunder or in relation thereto, and the agreement to arbitrate in Article 42, shall be governed by English Law…..
43.3 (Fiscal Stability) states:
The GOVERNMENT guarantees to the CONTRACTOR, for the entire duration of this Contract, that it will maintain the stability of the legal, fiscal and economic conditions of this Contract, as they result from this Contract and as they result from the laws and regulation in force at the date of signature of this Contract. The CONTRACTOR has entered into this Contract on the basis of the legal, fiscal and economic framework prevailing at the Effective Date. If, at any time after the Effective Date, there is any change in the legal, fiscal and/or economic framework under the Kurdistan Region Law or any other Law applicable in or to the Kurdistan Region which detrimentally affects the CONTRACTOR, the CONTRACTOR Entities or any other person entitled to benefits under this Contract, the terms and conditions of the Contract shall be altered so as to restore the CONTRACTOR Entities and any other Person entitled to benefits under this Contract to the same economic position (taking into account home country taxes) as which such Person would have been in, had no such change in the legal, fiscal and/or economic framework occurred.
My opinion:
Clause 43.3 appears to be a very important guarantee that the KRG, in the event of a substantive change in the legal, fiscal or economic framework, shall ensure that the contractor’s benefits are secured / restored. Plainly stated is “…under the Kurdistan Region Law or any other Law applicable in or to the Kurdistan Region…”.
Worth a ponder...