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10.3  |  Reconstruction: oil, commercial interests, debt relief, asylum and stabilisation policy
in occupied territory on 14 February.78 Mr Grainger advised that, under the Hague
Regulations:
“… the Occupying Power acquires a temporary right of administration, but not
sovereignty. He does not acquire the right to dispose of property in that territory
except according to the strict rules laid down in those regulations. So occupation
is by no means a licence for unregulated economic exploitation.”
148.  Mr Grainger also advised that:
the reasonable operation of oil wells was likely to be permitted, at least up to
the rate at which they were previously operated, but there would be no right
to develop new wells; and
the current OFF programme regime assumed a degree of Iraqi Government
involvement. In the event of there being “no Government in active control of
Iraq”, it was likely that significant changes to the regime would be required.
149.  On 19 February, at the request of the Cabinet Office, the Joint Intelligence
Committee (JIC) produced the Assessment, ‘Southern Iraq: What’s in Store’.79
150.  The JIC concluded that: “The establishment of popular support for any
post‑Saddam administration cannot be taken for granted.” Support could be
undermined by several factors, including a failure to be seen to run the oil industry in
the interests of the Iraqi people.
151.  The JIC also recalled its earlier judgement that Saddam Hussein might seek to
pursue a scorched earth policy, including the destruction of oil wells.
152.  Mr Chilcott sent Mr Straw’s Private Office a paper on oil policy on 28 February.80
Mr Chilcott advised that the paper, entitled ‘Iraq Day After – Oil Policy’, set out
“preliminary, official-level thinking”. It had been circulated “fairly widely” across
departments and incorporated comments from “various” departments. The IPU planned
to share the paper with the US “in due course”, after some careful editing.
153.  The paper stated that the UK’s economic objectives should be the rapid relief of
humanitarian needs and the restoration of public services, and beyond that “to win the
peace economically”. Oil revenues would have a key part to play in achieving those
objectives. Provided exports were not interrupted, Iraq could finance a “substantial part”
of the humanitarian, reconstruction and longer-term rebuilding effort.
78 Minute Grainger to IPU [junior official], 14 February 2003, ‘Occupation Rights: Iraqi Oil’.
79 JIC Assessment, 19 February 2003, ‘Southern Iraq: What’s in Store?’
80 Minute Chilcott to Private Secretary [FCO], 28 February 2003, ‘Iraq Day After – Oil Policy’ attaching
Paper IPU, 27 February 2003, ‘Iraq Day After – Oil’.
397
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