Etihad Law

Pre-Qualification Requirements for Second-Party Inspection Companies in the Oil Sector

Inspection and certification professionals reviewing oil sector compliance documents for pre-qualification in Iraq

Pre-Qualification Requirements for Second-Party Inspection Companies in the Oil Sector First: The second-party inspection companies shall provide one of the sector companies for the purpose of technical accreditation with the following: The scope of its work supported by the documents and technical requirements that must be available for its accreditation (its previous experience in its field of specialization and similar work completed in the previous 3 years and documents certified by the beneficiary parties proving its good performance towards the inspection services implemented by it) to survey its efficiency. List of its offices inside Iraq (and outside it, if any) through which its services will be provided directly to the oil sector companies without the intervention of an intermediary company. All documents and information related to its headquarters and operating branches, including its managing director, executive directors, branch managers and their contact information, and documents and information related to its merger or participation with other secondary inspection companies (attach the partnership and coalition contract stating the shares of each company). Proof that it meets the accreditation requirements according to the latest version of the specifications below and from one of the accredited granting bodies or authorities exclusively (valid): ISO 9001-2015 ISO 17020 / type C ISO 17025 (if it has laboratories) Health, Safety and Environment Systems ISO 14001 ISO 45001 Information that ensures that the activities assigned to it are performed in the required manner, including: Human resources and their organizational structure (flow chart. A list of the following: Its accredited inspectors and their CVs The devices and equipment it owns All necessary documents in the event that any new inspection activity or activity is added to its previous activities on the basis of which it was qualified. Samples of the documentation procedures that were previously implemented for the benefit of the beneficiary companies (method statement / written procedures) including risk assessment (Risk based assessment). After the second inspection company fulfills all the technical requirements (the technical aspect thereof) mentioned in paragraphs (1-7) above, the final qualification (especially the engineering and technical aspect) is carried out by conducting a field visit to the parent company and its operating branches by the oil company that received the accreditation request for the purpose of verifying the validity of the documents submitted by it, accompanied by a number of members of the ministerial team responsible for auditing and technical certification of accreditation.   Second: After the second party company is accredited, it is required (upon contracting) to provide the oil sector companies with paragraphs (1-7) of the first above in addition to the two requirements:   Documentary procedures that will be implemented to accomplish the assigned task to it for the benefit of the oil companies (method statement/written procedures) including risk assessment (Risk based assessment). Prepare the following: Its accredited inspectors and their CVs (executing the work) in line with the size and type of work to be accomplished (and taking into account the delegation of Iraqi inspectors if possible) with the necessity of verifying their scientific and practical capabilities towards the scope of work (where required) and based on the vision of the oil company. The devices and equipment its own with their calibration certificates (in force and from the accredited authorities).   Third: Financial and legal requirements (submitted to sector companies upon contracting) The company’s financial statement for the last 2 years as a minimum to show the good standing of the financial position. Its establishment certificate certified by the Ministry of Trade / Companies Registrar Department for Iraqi companies, and by Iraqi embassies for foreign companies in their countries in addition to the articles of association for its internal bylaws. Submitting a pledge that there are no claims: Unresolved financial Judicial, administrative or debt against the institutions of the Iraqi side and vice versa (based on the paragraphs of the Council of Ministers Law No. 48 of 2018) The financial efficiency of the company by determining the capital and cash liquidity approved for it with the confirmation of the competent authority. Ensuring the good standing of the legal position of the company in terms of the blacklist and the list of defaulting companies. Its pledge not to carry out engineering inspection activities at the various sites of oil sector companies in the event that it is one of the third adopted inspection companies or owned by it at the same site. Its pledge that its operating branches and the companies merged with it will complete the assigned task to or that will be assigned to ad in accordance with the technical and contractual conditions and requirements and for all related contracts.   How Etihad Can Assist Etihad provides legal and regulatory advisory services to banks, financial institutions, and businesses, supporting compliance with applicable laws, regulations, and regulatory guidance issued by any competent authorities.