Iraq-Kuwait: United Nations Security Council Resolutions Texts-1992-2002
Report for Congress
Iraq-Kuwait: United Nations
Security Council Resolutions
Texts – 1992-2002
Updated January 28, 2003
Marjorie Ann Browne
Specialist in International Relations
Foreign Affairs, Defense, and Trade Division
Congressional Research Service ˜ The Library of Congress
Iraq-Kuwait: United Nations Security Council
Resolutions Texts – 1992-2002
Summary
The United Nations Security Council has adopted 39 resolutions relating to the
Iraq-Kuwait situation since the end of 1991. This report lists these 39 resolutions,
provides the Security Council vote on each, and sets out the complete text of each
resolution. In addition, a number of relevant U.N. documents are included. The
texts of the 24 resolutions adopted in 1990 and 1991 may be found in two CRS
reports, 90-513 and 91-395. This report will not be updated. A new report will be
issued for resolutions adopted on Iraq by the U.N. Security Council in 2003 and
thereafter.
Contents
Introduction ......................................................1
List of Resolutions and Votes........................................3
Texts of the Resolutions............................................9
S/RES/773 (1992).............................................10
[Iraq-Kuwait Boundary Commission decisions welcomed]
S/RES/778 (1992).............................................12
[Transfer required of foreign-held Iraqi funds from sale of Iraqi petroleum
products to U.N. Escrow Account]
S/RES/806 (1993).............................................16
[U.N. Iraq-Kuwait Observer Mission expanded, both in mandate and size]
S/RES/833 (1993)............................................18
[Iraq-Kuwait Boundary Commission report accepted and border guaranteed]
Vote: 15-0-0
S/RES/899 (1994)............................................20
[Payment approved for compensation to Iraqi private citizens who were
displaced from Kuwait by demarcation of the Iraq-Kuwait border]
S/RES/949 (1994)............................................21
[Immediate withdrawal demanded of all military units deployed by Iraq to
southern Iraq]
S/RES/986 (1995)............................................23
[Import of petroleum and petroleum products of Iraqi origin authorized as a
temporary measure for humanitarian needs of Iraqi people]
S/RES/1051 (1996)...........................................28
[Mechanism approved for monitoring Iraqi imports and exports relating to
weapons of mass destruction]
S/RES/1060 (1996)...........................................32
[Refusal of Iraq to allow access by U.N. Special Commission (UNSCOM) on
the destruction of weapons of mass destruction deplored and access demanded]
S/1996/182 ..................................................34
Letter dated 9 March 1996 from the Executive Chairman of the Special
Commission...Addressed to the President of the Security Council
S/1996/183 ..................................................37
Letter dated 12 March 1996 from the President of the Security Council
Addressed to the Executive Chairman of the Special Commission
Letter dated 17 March 1996 from the Permanent Representative of Iraq to the
United Nations, addressed to the President of the Security Council (Iraq’s
clarification of information in S/1996/182, above)
S/PRST/1996/11 .............................................44
Statement by the President of the Security Council
S/RES/1111 (1997)...........................................46
[Extension of Iraq oil-for-food arrangement for another 180 days]
S/RES/1115 (1997)...........................................48
[Repeated refusal to allow access condemned and unconditional access
demanded for U.N. Special Commission (UNSCOM) inspectors in Iraq]
S/RES/1129 (1997)...........................................50
[Change in Iraq oil-for-food arrangement]
S/RES/1134 (1997)...........................................52
[Repeated refusal to allow access condemned; “immediate, unconditional and
unrestricted” access demanded; intention expressed to restrict Iraqi officials’
travel if denial of U.N. Special Commission (UNSCOM) access continued]
S/RES/1137 (1997)...........................................55
[Continued violations on access condemned; travel restrictions imposed on Iraqi
officials, without delay]
S/RES/1143 (1997)...........................................59
[Extension of Iraq oil-for-food arrangement for another 180 days]
S/RES/1153 (1998)...........................................62
[Extension of Iraq oil-for-food arrangement for another 180 days and increase
of sales to $5.256 billion]
S/RES/1154 (1998)...........................................66
[Memorandum of Understanding (MOU) between the United Nations and Iraq
on special procedures for inspection of eight presidential sites in Iraq endorsed.
Any violation of Iraq’s obligations on access would have “severest
consequences” for Iraq]
S/1998/166 ..................................................68
Letter dated 25 February 1998 from the Secretary-General addressed to the
President of the Security Council (text of the MOU)
S/1998/166/Add.1 ............................................71
Letter dated 25 February 1998 from the Secretary-General addressed to the
President of the Security Council (Report of the United Nations Technical
Mission to survey the presidential sites.)
Letter dated 9 March 1998 from the Secretary-General addressed to the
President of the Security Council (Procedures under paragraph 4 (b) of the
MOU)
S/RES/1158 (1998)...........................................80
[Sale of Iraq oil authorized to offset shortfall in revenues]
S/RES/1175 (1998)...........................................82
[Export to Iraq of oil industry spare parts allowed for increasing Iraq’s oil
production to the cap set in S/RES/1153 (1998)]
S/RES/1194 (1998)...........................................84
[Iraq’s decision of August 5, 1998 to suspend cooperation with UNSCOM and
IAEA on the conduct of inspections condemned; decided not to conduct the
sanction review scheduled for October 1998 and not to conduct any further
sanctions reviews until Iraq rescinds its decision on inspections access]
S/RES/1205 (1998)...........................................87
[Iraq’s decision of October 1998 to cease cooperation with UNSCOM
condemned and demanded Iraq rescind its decisions and provide “immediate,
complete, and unconditional” cooperation with UNSCOM and the IAEA]
S/RES/1210 (1998)...........................................89
[Extension of Iraq oil-for-food program for another 180 days]
S/RES/1242 (1999)...........................................92
[Extension of Iraq oil-for-food program for another 180 days]
S/RES/1266 (1999)...........................................95
[An additional $3.04 billion in oil sales allowed]
S/RES/1275 (1999)...........................................96
[Oil-for-food program extended for two weeks, ending December 4, 1999]
S/RES/1280 (1999)...........................................97
[Oil-for-food program extended for one week, ending December 11, 1999]
S/RES/1281 (1999)...........................................98
[Extension of Iraq oil-for-food program for another 180 days]
S/RES/1284 (1999)..........................................101
[Creation of the U.N. Monitoring, Verification and Inspection Commission
(UNMOVIC) to replace UNSCOM with a reinforced, ongoing monitoring and
verification system and modified the oil for food program]
S/1999/356 .................................................109
Letter dated 27 March 1999, transmitting the final report of the panel on
disarmament and current and future ongoing monitoring and verification
issues, as referred to in S/RES/1284 A (1999), operative paragraph 2.
[Funding level for oil spare parts increased from $300 million to $600 million
per phase]
S/RES/1302 (2000)..........................................130
[Extension of Iraq oil-for-food program for an additional 180 days; a
comprehensive report and analysis of the humanitarian situation in Iraq by a
group of independent experts requested]
S/RES/1330 (2000)..........................................134
[Extension of Iraq oil-for-food program for an additional 180 days; reduced the
allocation of funds for the U.N. Compensation Fund from 30 to 25 percent,
making more funds available for humanitarian supplies in the center/south of
Iraq]
S/RES/1352 (2001)..........................................139
[Oil-for-food program extended for one month (30 days)]
S/RES/1360 (2001)..........................................141
[Extension of Iraq oil-for-food program for an additional 150 days]
S/RES/1382 (2001)..........................................144
[Extension of Iraq oil-for-food program for an additional 180 days; also noted
consensus on a draft Goods Review List and procedures for its application, to
be formally adopted by Council by May 30, 2002.]
S/RES/1409 (2002)..........................................158
[Extension of Iraq oil-for-food program for an additional 180 days; new export
control system on Iraq adopted, with a Goods Review List (a pre-agreed upon
list of items that require additional scrutiny). U.N. export controls on purely
civilian goods were lifted.]
S/RES/1441 (2002)..........................................168
[Decision to give Iraq which “has been and remains in material breach” of U.N.
resolutions, “a final opportunity to comply with its disarmament obligations”
and to set up “an enhanced inspection regime.” Decided that Iraq “shall
provide...a currently accurate, full, and complete declaration of all aspects of its
programs to develop chemical, biological, and nuclear weapons, ballistic
missiles, and other delivery systems” by December 8. Decided that “false
statements or omissions in the declarations submitted” and “failure by Iraq at
any time to comply with, and cooperate fully in the implementation of, this
resolution shall constitute a further material breach” and “will be reported to the
Council for assessment.” Decided that Iraq “shall provide...immediate,
unimpeded, unconditional, and unrestricted access to any and all, including
underground, areas, facilities, buildings, equipment, records, and means of
transport which they wish to inspect, as well as immediate, unimpeded,
unrestricted, and private access to all officials and other persons whom
UNMOVIC or the IAEA wish to interview....” Directed UNMOVIC and IAEA
to “report immediately to the Council any interference by Iraq with inspection
activities, as well as any failure by Iraq to comply with its disarmament
obligations.” Decided the Council would “convene immediately upon receipt
of a report” relating to Iraqi noncompliance and recalled, “in that context, that
as a result of its continued violations of its obligations.”]
S/2002/1236 ................................................177
Letter dated 8 November 2002 from the representatives of China, France and
the Russian Federation to the United Nations addressed to the President of the
Security Council (Joint statement that S/RES/1441 (2002) concerning Iraq
“excludes any automaticity in the use of force.”)
S/2002/1242 ................................................179
Letter dated 13 November 2002 from the Secretary-General addressed to the
President of the Security Council conveying a response from the Minister for
Foreign Affairs of the Republic of Iraq: “we hereby inform you that we will
deal with resolution 1441 (2002)” and “we are ready to receive the inspectors
so that they can perform their duties.”
S/2002/1294 ................................................186
Letter dated 25 November 2002 from the Secretary-General addressed to the
President of the Security Council, conveying a letter, dated 23 November 2002,
from the Minister for Foreign Affairs of the Republic of Iraq, placing “on
record our observations on the provisions, allegations and measures contained
in” Council Resolution 1441 (2002) “that are inconsistent with international
law, the Charter of the United Nations,...”
S/RES/1443 (2002)..........................................198
[Oil-for-food program extended for nine days, ending December 4, 2002]
S/RES/1447 (2002)..........................................119
[Oil-for-food program extended for 180 days, with adjustments to the Goods
Review List and to procedures for its implementation to be made no later than
January 4, 2003]
S/RES/1454 (2002)..........................................201
[Adjustments in the biological, chemical, and missile-related areas of the Goods
Review List approved]
Iraq-Kuwait: United Nations Security Council
Resolutions Texts – 1992-2002
Introduction
Between August 1-2, 1990, when Iraq invaded Kuwait, and the end of 1991, by
which time Iraq had been pushed out of Kuwait, the United Nations Security Council
adopted 24 resolutions related to the crisis. The 1990 resolutions aimed at Iraqi
withdrawal from Kuwait and the formulation of steps to expedite that withdrawal.
The texts of those resolutions may be found in CRS Report 90-513, Iraq-Kuwait:
U.N. Security Council Resolutions—Texts and Votes. Updated December 4, 1990.
The 1991 resolutions dealt with the cessation of hostilities, the cease-fire, and steps
to carry out the various aspects of the cease-fire resolution. The texts of those
resolutions may be found in CRS Report 91-395, Iraq-Kuwait: U.N. Security Council
Resolutions, Texts and Votes—1991. Updated October 25, 1991.
Between 1992 and the end of 2002, the U.N. Security Council adopted 39
additional resolutions, that were approved unanimously in all but seven instances.
The numbers, dates, and votes for each resolution are listed below, followed by the
full text of each resolution. Each vote is given in the following order: the number
of countries voting in favor, the number opposed, and the number that abstained.
In addition, a number of relevant U.N. documents that are not resolutions are
included: two letters referred to in S/RES/1060 (1996), along with Iraq’s comments
and the February 1998 Memorandum of Understanding between the United Nations
and Iraq on special procedures for inspection of eight presidential sites in Iraq
(inserted after S/RES/1154 (1998)). The report of the U.N. Technical Mission to
survey presidential sites in Iraq and the text of the procedures to be followed for
those sites are also included. Finally, Iraq’s “acceptance” of S/RES/1441 (2002),
Iraq’s additional letter of November 23, 2002, on S/RES/1441 (2002), and the joint
statement by China, France, and the Russian Federation on this resolution can be
found after the resolution.
Unlike the CRS compilations of U.N. Council resolutions for 1990 and 1991,
the texts of these 39 resolutions are not photocopies of the actual U.N.-published
resolution. The texts were taken from the United Nations web page at
[http://www.un.org/documents/scres.htm]. This site provides the texts of Council
resolutions in varying formats from 1946 to date. One difference between the
composite and published formats for resolutions adopted between 1994 and 1996
is the omission of underlining (1) of the Adopted line under the Resolution number,
(2) under the words The Security Council, and (3) under the first words in the
preambular and operative or numbered paragraphs. The on-line texts of resolutions
for 1997 and 1998 include appropriate underlining. The reader may see differences
between the resolutions before April 1998 and those adopted after that date.
List of Resolutions and Votes
!S/RES/773 (1992), 26 August 1992
[Iraq-Kuwait Boundary Commission decisions welcomed]
Vote: 14-0-1 (Ecuador)
!S/RES/778 (1992), 2 October 1992
[Transfer required of foreign-held Iraqi funds from sale of Iraqi petroleum
products to U.N. Escrow Account]
Vote: 14-0-1 (China)
!S/RES/806 (1993), 5 February 1993
[U.N. Iraq-Kuwait Observer Mission expanded, both in mandate and size]
Vote: 15-0-0
!S/RES/833 (1993), 27 May 1993
[Iraq-Kuwait Boundary Commission report accepted and border
guaranteed]
Vote: 15-0-0
!S/RES/899 (1994), 4 March 1994
[Payment approved for compensation to Iraqi private citizens who were
displaced from Kuwait by demarcation of the Iraq-Kuwait border]
Vote: 15-0-0
!S/RES/949 (1994), 15 October 1994
[Immediate withdrawal demanded of all military units deployed by Iraq to
southern Iraq]
Vote: 15-0-0
!S/RES/986 (1995), 14 April 1995
[Import of petroleum and petroleum products of Iraqi origin authorized as
a temporary measure for humanitarian needs of Iraqi people]
Vote: 15-0-0
!S/RES/1051 (1996), 27 March 1996
[Mechanism approved for monitoring Iraqi imports and exports relating to
weapons of mass destruction]
Vote: 15-0-0
!S/RES/1060 (1996), 12 June 1996
[Refusal of Iraq to allow access by U.N. Special Commission (UNSCOM)
on the destruction of weapons of mass destruction deplored and access
demanded]
Vote: 15-0-0
!S/RES/1111 (1997), 4 June 1997
[Extension of Iraq oil-for-food arrangement for another 180 days]
Vote: 15-0-0
!S/RES/1115 (1997), 21 June 1997
[Repeated refusal to allow access condemned and unconditional access
demanded for U.N. Special Commission (UNSCOM) inspectors in Iraq]
Vote: 15-0-0
!S/RES/1129 (1997), 12 September 1997
[Change in Iraq oil-for-food arrangement]
Vote: 14-0-1 (Russian Federation)
!S/RES/1134 (1997), 23 October 1997
[Repeated refusal to allow access condemned; “immediate, unconditional
and unrestricted” access demanded; intention expressed to restrict Iraqi
officials’ travel if denial of U.N. Special Commission (UNSCOM) access
continued]
Vote: 10-0-5 (China, Egypt, France, Kenya, Russian Federation)
!S/RES/1137 (1997), 12 November 1997
[Continued violations on access condemned; travel restrictions imposed
on Iraqi officials, without delay]
Vote: 15-0-0
!S/RES/1143 (1997), 4 December 1997
[Extension of Iraq oil-for-food arrangement for another 180 days]
Vote: 15-0-0
!S/RES/1153 (1998), 20 February 1998
[Extension of Iraq oil-for-food arrangement for another 180 days and
increase of sales to $5.256 billion]
Vote: 15-0-0
!S/RES/1154 (1998), 2 March 1998
[Memorandum of Understanding (MOU) between the United Nations and
Iraq on special procedures for inspection of eight presidential sites in Iraq
endorsed. Any violation of Iraq’s obligations on access would have
“severest consequences” for Iraq]
Vote: 15-0-0
!S/RES/1158 (1998), 25 March 1998
[Sale of Iraq oil authorized to offset shortfall in revenues]
Vote: 15-0-0
!S/RES/1175 (1998), 19 June 1998
[Export to Iraq of oil industry spare parts allowed for increasing Iraq’s oil
production to the cap set in S/RES/1153 (1998)]
Vote: 15-0-0
!S/RES/1194 (1998), 9 September 1998
[Iraq’s decision of August 5, 1998 to suspend cooperation with UNSCOM
and IAEA on the conduct of inspections condemned; decided not to
conduct the sanction review scheduled for October 1998 and not to
conduct any further sanctions reviews until Iraq rescinds its decision on
inspections access]
Vote: 15-0-0
!S/RES/1205 (1998), 5 November 1998
[Iraq’s decision of October 1998 to cease cooperation with UNSCOM
condemned and demanded Iraq rescind its decisions and provide
“immediate, complete, and unconditional” cooperation with UNSCOM
and the IAEA]
Vote: 15-0-0
!S/RES/1210 (1998), 24 November 1998
[Extension of Iraq oil-for-food program for another 180 days]
Vote: 15-0-0
!S/RES/1242 (1999), 21 May 1999
[Extension of Iraq oil-for-food program for another 180 days]
Vote: 15-0-0
!S/RES/1266 (1999), 4 October 1999
[An additional $3.04 billion in oil sales allowed]
Vote: 15-0-0
!S/RES/1275 (1999), 19 November 1999
[Oil-for-food program extended for two weeks, ending December 4, 1999]
Vote: 15-0-0
!S/RES/1280 (1999), 3 December 1999
[Oil-for-food program extended for one week, ending December 11, 1999]
Vote: 11-0-3 (China, Malaysia, Russian Federation)
!S/RES/1281 (1999), 10 December 1999
[Extension of Iraq oil-for-food program for another 180 days]
Vote: 15-0-0
!S/RES/1284 (1999), 17 December 1999
[Creation of the U.N. Monitoring, Verification and Inspection Commission
(UNMOVIC) to replace UNSCOM with a reinforced, ongoing monitoring
and verification system and modified the oil for food program]
Vote: 11-0-4 (China, France, Malaysia, Russian Federation)
!S/RES/1293 (2000), 31 March 2000
[Funding level for oil spare parts increased from $300 million to $600
million per phase]
Vote: 15-0-0
!S/RES/1302 (2000), 8 June 2000
[Extension of Iraq oil-for-food program for an additional 180 days; a
comprehensive report and analysis of the humanitarian situation in Iraq by
a group of independent experts requested]
Vote: 15-0-0
!S/RES/1330 (2000), 5 December 2000
[Extension of Iraq oil-for-food program for an additional 180 days;
reduced the allocation of funds for the U.N. Compensation Fund from 30
to 25 percent, making more funds available for humanitarian supplies in
the center/south of Iraq]
Vote: 15-0-0
!S/RES/1352 (2001), 1 June 2001
[Oil-for-food program extended for one month (30 days)]
Vote: 15-0-0
!S/RES/1360 (2001), 3 July 2001
[Extension of Iraq oil-for-food program for an additional 150 days]
Vote: 15-0-0
!S/RES/1382 (2001), 29 November 2001
[Extension of Iraq oil-for-food program for an additional 180 days; also
noted consensus on a draft Goods Review List and procedures for its
application, to be formally adopted by Council by May 30, 2002.]
Vote: 15-0-0
!S/RES/1409 (2002), 14 May 2002
[Extension of Iraq oil-for-food program for an additional 180 days; new
export control system on Iraq adopted, with a Goods Review List (a pre-
agreed upon list of items that require additional scrutiny). U.N. export
controls on purely civilian goods were lifted.]
Vote: 15-0-0
!S/RES/1441 (2002), 8 November 2002
[Decision to give Iraq which “has been and remains in material breach” of
U.N. resolutions, “a final opportunity to comply with its disarmament
obligations” and to set up “an enhanced inspection regime.” Decided that
Iraq “shall provide...a currently accurate, full, and complete declaration of
all aspects of its programs to develop chemical, biological, and nuclear
weapons, ballistic missiles, and other delivery systems” by December 8.
Decided that “false statements or omissions in the declarations submitted”
and “failure by Iraq at any time to comply with, and cooperate fully in the
implementation of, this resolution shall constitute a further material
breach” and “will be reported to the Council for assessment.” Decided
that Iraq “shall provide...immediate, unimpeded, unconditional, and
unrestricted access to any and all, including underground, areas, facilities,
buildings, equipment, records, and means of transport which they wish to
inspect, as well as immediate, unimpeded, unrestricted, and private access
to all officials and other persons whom UNMOVIC or the IAEA wish to
interview....” Directed UNMOVIC and IAEA to “report immediately to
the Council any interference by Iraq with inspection activities, as well as
any failure by Iraq to comply with its disarmament obligations.” Decided
the Council would “convene immediately upon receipt of a report”
relating to Iraqi noncompliance and recalled, “in that context, that the
Council has repeatedly warned Iraq that it will face serious consequences
as a result of its continued violations of its obligations.”]
Vote: 15-0-0
!S/RES/1443 (2002), 25 November 2002
[Oil-for-food program extended for nine days, ending December 4, 2002]
Vote: 15-0-0
!S/RES/1447 (2002), 4 December 2002
[Oil-for-food program extended for 180 days, with adjustments to the
Goods Review List and to procedures for its implementation to be made
no later than January 4, 2003]
Vote: 15-0-0
!S/RES/1454 (2002), 30 December 2002
[Adjustments in the biological, chemical, and missile-related areas of the
Goods Review List approved]
Vote: 13-0-2 (Russian Federation, Syria)
Texts of the Resolutions
UNITED
NATIONSS
Security Council
Distr.
GENERAL
S/RES/773 (1992)
26 August 1992
RESOLUTION 773 (1992)
Adopted by the Security Council at its 3108th meeting,
on 26 August 1992
The Security Council,
Reaffirming its resolution 687 (1991) of 3 April 1991, and in
particular paragraphs 2, 3 and 4 thereof, and its resolution 689 (1991)
of 9 April 1991,
Recalling the report of the Secretary-General dated 2 May 1991
concerning the establishment of the United Nations Iraq-Kuwait Boundary
Demarcation Commission (the Commission) and the subsequent exchange of
letters of 6 and 13 May 1991 (S/22558, S/22592 and S/22593),
Having considered the Secretary-General’s letter of 12 August 1992
to the President of the Security Council transmitting the further report
of the Commission,
Recalling in this connection that through the demarcation process
the Commission is not reallocating territory between Kuwait and Iraq,
but it is simply carrying out the technical task necessary to demarcate
for the first time the precise coordinates of the boundary set out in
the Agreed Minutes between the State of Kuwait and the Republic of Iraq
regarding the restoration of Friendly Relations, Recognition and Related
Matters signed by them on 4 October 1963, and that this task is being
carried out in the special circumstances following Iraq’s invasion of
Kuwait and pursuant to resolution 687 (1991) and the Secretary-General’s
report for implementing paragraph 3 of that resolution (S/22558),
1. Welcomes the Secretary-General’s letter of 12 August to the
President of the Council and the further report of the Commission
enclosed therewith;
2. Expresses its appreciation to the Commission for its work on
the demarcation of the land boundary, and welcomes its demarcation
decisions;
3. Welcomes also the decision of the Commission to consider the
Eastern section of the boundary, which includes the offshore boundary,
at its next session and urges the Commission to demarcate this part
of the boundary as soon as possible and thus complete its work;
4. Underlines its guarantee of the inviolability of the
above-mentioned international boundary and its decision to take as
appropriate all necessary measures to that end in accordance with the
Charter, as provided for in paragraph 4 of resolution 687 (1991);
5. Welcomes further the Secretary-General’s intention to carry
out at the earliest practicable time the realignment of the demilitarized
zone referred to in paragraph 5 of resolution 687 (1991) to correspond
to the international boundary demarcated by the Commission, with the
consequent removal of the Iraqi police posts;
6. Urges the two States concerned to cooperate fully with the
work of the Commission;
UNITED
NATIONSS
Security Council
Distr.
GENERAL
S/RES/778 (1992)*
2 October 1992
RESOLUTION 778 (1992)
Adopted by the Security Council at its 3117th meeting,
on 2 October 1992
The Security Council,
Recalling its previous relevant resolutions and in particular
resolutions 706 (1991) and 712 (1991),
Taking note of the letter of 15 July 1992 from the Secretary-General
to the President of the Security Council on Iraq’s compliance with the
obligations placed on it by resolution 687 (1991) and subsequent
resolutions,
Condemning Iraq’s continued failure to comply with its obligations
under relevant resolutions,
Reaffirming its concern about the nutritional and health situation
of the Iraqi civilian population, and the risk of a further deterioration
of this situation, and recalling in this regard its resolution 706 (1991)
and 712 (1991), which provide a mechanism for providing humanitarian
relief to the Iraqi population, and resolution 688 (1991), which
provides a basis for humanitarian relief efforts in Iraq,
Having regard to the fact that the period of six months referred
to in resolutions 706 (1991) and 712 (1991) expired on 18 March 1992,
Deploring Iraq’s refusal to cooperate in the implementation of
resolutions 706 (1991) and 712 (1991), which puts its civilian population
at risk, and which results in the failure by Iraq to meet its obligations
under relevant Security Council resolutions,
Recalling that the escrow account provided for in resolutions
706 (1991) and 712 (1991) will consist of Iraqi funds administered by
the Secretary-General which will be used to pay contributions to the
Compensation Fund, the full costs of carrying out the tasks authorized
* Reissued for technical reasons.
by section C of resolution 687 (1991), the full costs incurred by the
United Nations in facilitating the return of all Kuwaiti property seized
by Iraq, half the costs of the Boundary Commission, and the cost to the
United Nations of implementing resolution 706 (1991) and of other
necessary humanitarian activities in Iraq,
Recalling that Iraq, as stated in paragraph 16 of resolution
687 (1991), is liable for all direct damages resulting from its invasion
and occupation of Kuwait, without prejudice to its debts and obligations
arising prior to 2 August 1990, which will be addressed through the
normal mechanisms,
Recalling its decision in resolution 692 (1991) that the requirement
for Iraqi contributions to the Compensation Fund applies to certain
Iraqi petroleum and petroleum products exported from Iraq before 2 April 1991, as
well as to all Iraq petroleum and petroleum products exported from Iraq after 2 April
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that all States in which there are funds of the
Government of Iraq, or its State bodies, corporations, or agencies,
that represent the proceeds of sale of Iraqi petroleum or petroleum
products, paid for by or on behalf of the purchaser on or after
6 August 1990, shall cause the transfer of those funds (or equivalent
amounts) as soon as possible to the escrow account provided for in
resolutions 706 (1991) and 712 (1991); provided that this paragraph
shall not require any State to cause the transfer of such funds in
excess of 200 million dollars or to cause the transfer of more than
fifty per cent of the total funds transferred or contributed pursuant
to paragraphs 1, 2 and 3 of this resolution; and further provided
that States may exclude from the operation of this paragraph any
funds which have already been released to a claimant or supplier prior
to the adoption of this resolution, or any other funds subject to
or required to satisfy the rights of third parties, at the time of the
adoption of this resolution;
2. Decides that all States in which there are petroleum or
petroleum products owned by the Government of Iraq, or its State bodies,
corporations, or agencies, shall take all feasible steps to purchase
or arrange for the sale of such petroleum or petroleum products at fair
market value, and thereupon to transfer the proceeds as soon as
possible to the escrow account provided for in resolution 706 (1991)
and 712 (1991);
3. Urges all States to contribute funds from other sources to
the escrow account as soon as possible;
4. Decides that all States shall provide the Secretary-General
with any information needed for the effective implementation of this
resolution and that they shall take the necessary measures to ensure
that banks and other bodies and persons provide all relevant information
necessary to identify the funds referred to in paragraphs 1 and 2 above
and details of any transactions relating thereto, or the said petroleum
or petroleum products, with a view to such information being utilized
by all States and by the Secretary-General in the effective
implementation of this resolution;
(a) To ascertain the whereabouts and amounts of the said petroleum and
petroleum products and the proceeds of sale referred to in
paragraphs 1 and 2 of this resolution, drawing on the work already
done under the auspices of the Compensation Commission, and report
the results of the Security Council as soon as possible;
(b) To ascertain the costs of United Nations activities
concerning the elimination of weapons of mass destruction, the
provision of humanitarian relief in Iraq, and the other United Nations
operations specified in paragraphs 2 and 3 of resolution 706 (1991); and
(c) to take the following actions:
(i) transfer to the Compensation Fund, from the funds referred
to in paragraphs 1 and 2 of this resolution, the percentage referred
to in paragraph 10 of this resolution; and
(ii) use of the remainder of funds referred to in paragraphs 1, 2
and 3 of this resolution for the costs of United Nations activities
concerning the elimination of weapons of mass destruction, the
provision of humanitarian relief in Iraq, and the other United Nations
operations specified in paragraphs 2 and 3 of resolution 706 (1991),
taking into account any preference expressed by States transferring
or contributing funds as to the allocation of such funds among these
purposes;
6. Decides that for so long as oil exports take place pursuant
to the system provided in resolutions 706 (1991) and 712 (1991) or to
the eventual lifting of sanctions pursuant to paragraph 22 of resolution
687 (1991), implementation of paragraphs 1 to 5 of this resolution
shall be suspended and all proceeds of those oil exports shall
immediately be transferred by the Secretary-General in the currency in
which the transfer to the escrow account had been made, to the accounts
or States from which funds had been provided under paragraphs 1, 2
and 3 of this resolution, to the extent required to replace in full the
amounts so provided (together with applicable interest); and that,
if necessary for this purpose, any other funds remaining in the
escrow account shall similarly be transferred to those accounts
or States; provided, however, that the Secretary-General may retain
and use any funds urgently needed for the purposes specified in
paragraph 5 (c) (ii) of this resolution;
7. Decides that the operation of this resolution shall have
no effect on rights, debts and claims existing with respect to funds
prior to their transfer to the escrow account; and that the accounts
from which such funds were transferred shall be kept open for retransfer
of the funds in question;
8. Reaffirms that the escrow account referred to in this
resolution, like the Compensation Fund, enjoys the privileges and
immunities of the United Nations, including immunity from legal
proceedings, or any forms of attachment, garnishment or execution;
and that no claim shall lie at the instance of any person or body
in connection with any action taken in compliance with or
implementation of this resolution;
9. Requests the Secretary-General to repay, from any available
funds in the escrow account, any sum transferred under this resolution
to the account or State from which it was transferred, if the transfer
is found at any time by him not to have been of funds subject to this
resolution; a request for such a finding could be made by the State
from which the funds were transferred;
10. Confirms that the percentage of the value of exports of
petroleum and petroleum products from Iraq for payment to the
Compensation Fund shall, for the purpose of this resolution and
exports of petroleum or petroleum products subject to paragraph 6 of
resolution 692 (1991), be the same as the percentage decided by
the Security Council in paragraph 2 of resolution 705 (1991), until
such time as the Governing Council of the Compensation Fund may
decide otherwise;
11. Decides that no further Iraqi assets shall be released for
purposes set forth in paragraph 20 of resolution 687 (1991) except
to the sub-account of the escrow account, established pursuant
to paragraph 8 of resolution 712 (1991), or directly to the
United Nations for humanitarian activities in Iraq;
12. Decides that, for the purposes of this resolution and other
relevant resolutions, the term “petroleum products’ does not include
petrochemical derivatives;
13. Calls upon all States to cooperate fully in the implementation
of this resolution;
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S/RES/806 (1993)
5 February 1993
RESOLUTION 806
Adopted by the Security Council at its 3171st meeting,
on 5 February 1993
The Security Council,
Reaffirming its resolution 687 (1991) of 3 April 1991, and in particular
paragraphs 2, 3, 4 and 5 thereof, and its resolutions 689 (1991) of 9 April 1991
and 773 (1992) of 26 August 1992, and its other resolutions on this matter,
Having considered the report of the Secretary-General of 18 January 1993 (S/25123),
Noting with approval that work is being completed on the realignment of the
demilitarized zone referred to in paragraph 5 of resolution 687 (1991) to
correspond to the international boundary demarcated by the United Nations
Iraq-Kuwait Boundary Demarcation Commission,
Deeply concerned at recent actions by Iraq in violation of relevant
Security Council resolutions, including the series of border incidents involving
the United Nations Iraq-Kuwait Observation Mission (UNIKOM),
Recalling the statements made by the President on behalf of the Council on 8 January
Acting under Chapter VII of the Charter of the United Nations,
1. Underlines once again its guarantee of the inviolability of the
international boundary between the State of Kuwait and the Republic of Iraq and its decision
to take as appropriate all necessary measures to that end in
accordance with the Charter, as provided for in paragraph 4 of resolution 687
(1991);
2. Approves the report, and decides to extend the terms of reference of
UNIKOM to include the functions contained in paragraph 5 of the report;
3. Requests the Secretary-General to plan and execute a phased deployment of the
strengthening of UNIKOM taking into account the need for economy and other relevant
factors and to report to the Council on any step he intends to take following an initial
deployment;
4. Reaffirms that the question of termination or continuation of UNIKOM
and the modalities of UNIKOM will continue to be reviewed every six months
pursuant to paragraphs 2 and 3 of resolution 689 (1991), the next review to take
place in April 1993;
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S/RES/833 (1993)
27 May 1993
RESOLUTION 833 (1993)
Adopted by the Security Council at its 3224th meeting,
on 27 May 1993
The Security Council,
Reaffirming its resolution 687 (1991) of 3 April 1991, and in particular
paragraphs 2, 3, and 4 thereof, its resolution 689 (1991) of 9 April 1991, its
resolution 773 (1992) of 26 August 1992, and its resolution 806 (1993) of 5
February 1993,
Recalling the report of the Secretary-General dated 2 May 1991 concerning
the establishment of the United Nations Iraq-Kuwait Boundary Demarcation
Commission (the Commission), the subsequent exchange of letters of 6 and 13 May
1991 (S/22558, S/22592 and S/22593), and the acceptance of the report by Iraq and
Kuwait,
Having considered the Secretary-General’s letter of 21 May 1993 to the
President of the Security Council transmitting the final report of the
Commission (S/25811 and Add.1) dated 20 May 1993,
Recalling in this connection that through the demarcation process the
Commission was not reallocating territory between Kuwait and Iraq, but it was
simply carrying out the technical task necessary to demarcate for the first time
the precise coordinates of the boundary set out in the “Agreed Minutes between
the State of Kuwait and the Republic of Iraq regarding the Restoration of
Friendly Relations, Recognition and Related Matters” signed by them on 4 October
1963, and that this task was carried out in the special circumstances following Iraq’s
invasion of Kuwait and pursuant to resolution 687 (1991) and the
Secretary-General’s report for implementing paragraph 3 of that resolution
(S/22558),
Reminding Iraq of its obligations under resolution 687 (1991), and in
particular paragraph 2 thereof, and under other relevant resolutions of the
Council, and of its acceptance of the resolutions of the Council adopted
pursuant to Chapter VII of the Charter of the United Nations, which forms the
basis for the cease-fire,
Noting with approval the Secretary-General’s instruction to the United
Nations Iraq-Kuwait Observation Mission (UNIKOM) to finalize the realignment of
the demilitarized zone with the entire international boundary between Iraq and
Kuwait demarcated by the Commission,
Welcoming the Secretary-General’s decision to make the necessary
arrangements for the maintenance of the physical representation of the boundary, as
recommended by the Commission in Section X (c) of its report, until other technical
arrangements are established between Iraq and Kuwait for this purpose,
Acting under Chapter VII of the Charter of the United Nations,
1. Welcomes the Secretary-General’s letter of 21 May 1993 to the
President of the Council and the 20 May 1993 report of the Commission (S/25811
and Add.1) enclosed therewith;
3. Expresses its appreciation to the Commission for its work on the land
part of the boundary as well as the Khor Abdullah or offshore section of the
boundary, and welcomes its demarcation decisions;
4. Reaffirms that the decisions of the Commission regarding the
demarcation of the boundary are final;
5. Demands that Iraq and Kuwait in accordance with international law and
relevant Security Council resolutions respect the inviolability of the
international boundary, as demarcated by the Commission, and the right to
navigational access;
6. Underlines and reaffirms its decision to guarantee the inviolability
of the above-mentioned international boundary which has now been finally
demarcated by the Commission and to take as appropriate all necessary measures to
that end in accordance with the Charter, as provided for in paragraph 4 of resolution
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S/RES/899 (1994)
4 March 1994
RESOLUTION 899 (1994)
Adopted by the Security Council at its 3343rd meeting,
on 4 March 1994
The Security Council,
Recalling its resolution 833 (1993) of 27 May 1993,
Having considered the Secretary-General’s letter of 22 February 1994
(S/1994/240) concerning the matter of the Iraqi private citizens and their
assets which remained on Kuwaiti territory following the demarcation of the
international boundary between Iraq and Kuwait, and welcoming the
developments and arrangements described therein,
Acting under Chapter VII of the Charter of the United Nations,
Decides that the compensation payments to be made pursuant to the
arrangements described in the Secretary-General’s letter of 22 February
1994 may be remitted to the private citizens concerned in Iraq, notwithstanding the
provisions of resolution 661 (1991).
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S/RES/949 (1994)
15 October 1994
RESOLUTION 949 (1994)
Adopted by the Security Council at its 3438th meeting,
on 15 October 1994
The Security Council,
Recalling all its previous relevant resolutions, and reaffirming
resolutions 678 (1990) of 29 November 1990, 686 (1991) of 2 March 1991,
687 (1991) of 3 April 1991, 689 (1991) of 9 April 1991 and 833 (1993) of
Recalling that Iraq’s acceptance of resolution 687 (1991) adopted pursuant to
Chapter VII of the Charter of the United Nations forms the basis of the
cease-fire,
Noting past Iraqi threats and instances of actual use of force against its
neighbours,
Recognizing that any hostile or provocative action directed against its
neighbours by the Government of Iraq constitutes a threat to peace and
security in the region,
Welcoming all diplomatic and other efforts to resolve the crisis,
Determined to prevent Iraq from resorting to threats and intimidation of its
neighbours and the United Nations,
Underlining that it will consider Iraq fully responsible for the serious
consequences of any failure to fulfil the demands in the present
resolution,
Noting that Iraq has affirmed its readiness to resolve in a positive manner the
issue of recognizing Kuwait’s sovereignty and its borders as endorsed
by resolution 833 (1993), but underlining that Iraq must unequivocally commit itself
by full and formal constitutional procedures to respect Kuwait’s
sovereignty, territorial integrity and borders, as required by resolutions
Reaffirming the commitment of all Member States to the sovereignty,
territorial integrity and political independence of Kuwait and Iraq,
Reaffirming its statement of 8 October 1994 (S/1994/PRST/58),
Taking note of the letter from the Permanent Representative of Kuwait of 6
October 1994 (S/1994/1137), regarding the statement by the Revolution
Command Council of Iraq of 6 October 1994,
Taking note also of the letter from the Permanent Representative of Iraq of 10
October 1994 (S/1994/1149), announcing that the Government of Iraq had decided
to withdraw the troops recently deployed in the direction of the
border with Kuwait,
Acting under Chapter VII of the Charter of the United Nations,
1. Condemns recent military deployments by Iraq in the direction of the
border with Kuwait;
2. Demands that Iraq immediately complete the withdrawal of all military units
recently deployed to southern Iraq to their original positions;
3. Demands that Iraq not again utilize its military or any other forces
in a hostile or provocative manner to threaten either its neighbours or
United Nations operations in Iraq;
4. Demands therefore that Iraq not redeploy to the south the units
referred to in paragraph 2 above or take any other action to enhance its
military capacity in southern Iraq;
5. Demands that Iraq cooperate fully with the United Nations Special
Commission;
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S/RES/986 (1995)
14 April 1995
RESOLUTION 986 (1995)
Adopted by the Security Council at its 3519th meeting,
on 14 April 1995
The Security Council,
Recalling its previous relevant resolutions,
Concerned by the serious nutritional and health situation of the Iraqi
population, and by the risk of a further deterioration in this situation,
Convinced of the need as a temporary measure to provide for the
humanitarian needs of the Iraqi people until the fulfilment by Iraq of the
relevant Security Council resolutions, including notably resolution 687
(1991) of 3 April 1991, allows the Council to take further action with regard to the
prohibitions referred to in resolution 661 (1990) of 6 August 1990, in
accordance with the provisions of those resolutions,
Convinced also of the need for equitable distribution of humanitarian
relief to all segments of the Iraqi population throughout the country,
Reaffirming the commitment of all Member States to the sovereignty and
territorial integrity of Iraq,
Acting under Chapter VII of the Charter of the United Nations,
3 (b) and 4 of resolution 661 (1990) and subsequent relevant resolutions, to
permit the import of petroleum and petroleum products originating in Iraq,
including financial and other essential transactions directly relating thereto,
sufficient to produce a sum not exceeding a total of one billion United States
dollars every 90 days for the purposes set out in this resolution and subject to
the following conditions:
(a) Approval by the Committee established by resolution 661 (1990), in
order to ensure the transparency of each transaction and its conformity
with the other provisions of this resolution, after submission of an application by the
State concerned, endorsed by the Government of Iraq, for each proposed
purchase of Iraqi petroleum and petroleum products, including details of the
purchase price at fair market value, the export route, the opening of a letter of credit
payable to the escrow account to be established by the Secretary-General for the
purposes of this resolution, and of any other directly related financial or other
essential transaction;
(b) Payment of the full amount of each purchase of Iraqi petroleum and
petroleum products directly by the purchaser in the State concerned into
the escrow account to be established by the Secretary-General for the purposes of
this resolution;
and 4 of resolution 661 (1990) and the provisions of paragraph 1
above, to permit the import of petroleum and petroleum products originating in Iraq
sufficient, after the deduction of the percentage referred to in paragraph
verified as reasonable by the independent inspection agents referred to in paragraph
below, for the transport of Iraqi petroleum and petroleum products through the
Kirkuk-Yumurtalik pipeline in Turkey authorized by paragraph 1 above;
3. Decides that paragraphs 1 and 2 of this resolution shall come into
force at 00.01 Eastern Standard Time on the day after the President of the
Council has informed the members of the Council that he has received the
report from the Secretary-General requested in paragraph 13 below, and shall remain
in force for an initial period of 180 days unless the Council takes other relevant
action with regard to the provisions of resolution 661 (1990);
4. Further decides to conduct a thorough review of all aspects of the
implementation of this resolution 90 days after the entry into force of
paragraph 1 above and again prior to the end of the initial 180 day period,
on receipt of the reports referred to in paragraphs 11 and 12 below, and
expresses its intention, prior to the end of the 180 day period, to consider
favourably renewal of the provisions of this resolution, provided that the reports
referred to in paragraphs 11 and 12 below indicate that those provisions are being
satisfactorily implemented;
5. Further decides that the remaining paragraphs of this resolution shall come
into force forthwith;
6. Directs the Committee established by resolution 661 (1990) to monitor the
sale of petroleum and petroleum products to be exported by Iraq via the
Kirkuk-Yumurtalik pipeline from Iraq to Turkey and from the Mina al-Bakr
oil terminal, with the assistance of independent inspection agents appointed by the
Secretary-General, who will keep the Committee informed of the amount of
petroleum and petroleum products exported from Iraq after the date of entry
into force of paragraph 1 of this resolution, and will verify that the purchase
price of the petroleum and petroleum products is reasonable in the light of
prevailing market conditions, and that, for the purposes of the arrangements set out
in this resolution, the larger share of the petroleum and petroleum products is
shipped via the Kirkuk-Yumurtalik pipeline and the remainder is exported
from the Mina al-Bakr oil terminal;
7. Requests the Secretary-General to establish an escrow account for the
purposes of this resolution, to appoint independent and certified public
accountants to audit it, and to keep the Government of Iraq fully informed;
8. Decides that the funds in the escrow account shall be used to meet the
humanitarian needs of the Iraqi population and for the following other
purposes, and requests the Secretary-General to use the funds deposited in the
escrow account:
(a) To finance the export to Iraq, in accordance with the procedures of
the Committee established by resolution 661 (1990), of medicine, health
supplies, foodstuffs, and materials and supplies for essential civilian
needs, as referred to in paragraph 20 of resolution 687 (1991) provided that:
(i) Each export of goods is at the request of the Government of Iraq;
(ii) Iraq effectively guarantees their equitable distribution, on the basis
of a plan submitted to and approved by the Secretary-General, including a
description of the goods to be purchased;
(iii) The Secretary-General receives authenticated confirmation that the
exported goods concerned have arrived in Iraq;
(b) To complement, in view of the exceptional circumstances prevailing in
the three Governorates mentioned below, the distribution by the Government of Iraq
of goods imported under this resolution, in order to ensure an equitable
distribution of humanitarian relief to all segments of the Iraqi population
throughout the country, by providing between 130 million and 150 million United
States dollars every 90 days to the United Nations Inter-Agency Humanitarian
Programme operating within the sovereign territory of Iraq in the three northern
Governorates of Dihouk, Arbil and Suleimaniyeh, except that if less than one billion
United States dollars worth of petroleum or
petroleum products is sold during any 90 day period, the Secretary-General may
provide a proportionately smaller amount for this purpose;
(c) To transfer to the Compensation Fund the same percentage of the funds
deposited in the escrow account as that decided by the Council in paragraph 2 of
resolution 705 (1991) of 15 August 1991;
(d) To meet the costs to the United Nations of the independent inspection
agents and the certified public accountants and the activities
associated with implementation of this resolution;
(e) To meet the current operating costs of the Special Commission, pending
subsequent payment in full of the costs of carrying out the tasks authorized by
section C of resolution 687 (1991);
(f) To meet any reasonable expenses, other than expenses payable in Iraq,
which are determined by the Committee established by resolution 661 (1990) to be
directly related to the export by Iraq of petroleum and petroleum products permitted
under paragraph 1 above or to the export to Iraq, and activities
directly necessary therefor, of the parts and equipment permitted under paragraph 9
below;
(g) To make available up to 10 million United States dollars every 90 days
from the funds deposited in the escrow account for the payments envisaged under
paragraph 6 of resolution 778 (1992) of 2 October 1992;
9. Authorizes States to permit, notwithstanding the provisions of
paragraph 3 (c) of resolution 661 (1990):
(a) The export to Iraq of the parts and equipment which are essential for the
safe operation of the Kirkuk-Yumurtalik pipeline system in Iraq, subject to the prior
approval by the Committee established by resolution 661 (1990) of each export
contract;
(b) Activities directly necessary for the exports authorized under
subparagraph (a) above, including financial transactions related thereto;
10. Decides that, since the costs of the exports and activities authorized
under paragraph 9 above are precluded by paragraph 4 of resolution 661 (1990) and
by paragraph 11 of resolution 778 (1991) from being met from funds frozen in
accordance with those provisions, the cost of such exports and activities may, until
funds begin to be paid into the escrow account established for the
purposes of this resolution, and following approval in each case by the
Committee established by resolution 661 (1990), exceptionally be financed by
letters of credit, drawn against future oil sales the proceeds of which are to
be deposited in the escrow account;
11. Requests the Secretary-General to report to the Council 90 days after the
date of entry into force of paragraph 1 above, and again prior to the end of the initial
180 day period, on the basis of observation by United Nations
personnel in Iraq, and on the basis of consultations with the
Government of Iraq, on whether Iraq has ensured the equitable distribution of
medicine, health supplies, foodstuffs, and materials and supplies for essential civilian
needs, financed in accordance with paragraph 8 (a) above, including in his reports
any observations he may have on the adequacy of the revenues to meet Iraq’s
humanitarian needs, and on Iraq’s capacity to export sufficient quantities of
petroleum and petroleum products to produce the sum referred to in paragraph 1
above;
12. Requests the Committee established by resolution 661 (1990), in close
coordination with the Secretary-General, to develop expedited procedures as
necessary to implement the arrangements in paragraphs 1, 2, 6, 8, 9 and 10 of this
resolution and to report to the Council 90 days after the date of entry
into force of paragraph 1 above and again prior to the end of the initial
13. Requests the Secretary-General to take the actions necessary to ensure the
effective implementation of this resolution, authorizes him to enter into
any necessary arrangements or agreements, and requests him to report to the Council
when he has done so;
14. Decides that petroleum and petroleum products subject to this
resolution shall while under Iraqi title be immune from legal proceedings and not
be subject to any form of attachment, garnishment or execution, and that all States
shall take any steps that may be necessary under their respective
domestic legal systems to assure this protection, and to ensure that the
proceeds of the sale are not diverted from the purposes laid down in this
resolution;
15. Affirms that the escrow account established for the purposes of this
resolution enjoys the privileges and immunities of the United Nations;
16. Affirms that all persons appointed by the Secretary-General for the
purpose of implementing this resolution enjoy privileges and immunities as
experts on mission for the United Nations in accordance with the Convention on the
Privileges and Immunities of the United Nations, and requires
the Government of Iraq to allow them full freedom of movement and
all necessary facilities for the discharge of their duties in the implementation of this
resolution;
17. Affirms that nothing in this resolution affects Iraq’s duty
scrupulously to adhere to all of its obligations concerning servicing and
repayment of its foreign debt, in accordance with the appropriate international
mechanisms;
18. Also affirms that nothing in this resolution should be construed as
infringing the sovereignty or territorial integrity of Iraq;
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S/RES/1051 (1996)
27 March 1996
RESOLUTION 1051 (1996)
Adopted by the Security Council at its 3644th meeting,
on 27 March 1996
The Security Council,
Reaffirming its resolution 687 (1991) of 8 April 1991, and in particular
section C thereof, its resolution 707 (1991) of 15 August 1991 and its
resolution 715 (1991) of 11 October 1991 and the plans for ongoing monitoring
and verification approved thereunder,
Recalling the request in paragraph 7 of its resolution 715 (1991) to the
Committee established under resolution 661 (1990), the Special Commission and
the Director General of the International Atomic Energy Agency (IAEA) to
develop in cooperation a mechanism for monitoring any future sales or supplies
by other countries to Iraq of items relevant to the implementation of section C of
resolution 687 (1991) and other relevant resolutions, including resolution 715
(1991) and the plans approved thereunder,
Having considered the letter of 7 December 1995 (S/1995/1017) to the
President of the Council from the Chairman of the Committee established under
resolution 661 (1990), annex I of which contains the provisions for the
mechanism for export/import monitoring called for in paragraph 7 of resolution
Recognizing that the export/import monitoring mechanism is an integral part
of ongoing monitoring and verification by the Special Commission and the IAEA,
Recognizing that the export/import mechanism is not a regime for
international licensing, but rather for the timely provision of information
by States in which companies are located which are contemplating sales or
supplies to Iraq of items covered by the plans for ongoing monitoring and
verification and will not impede Iraq’s legitimate right to import or export for
non-proscribed purposes, items and technology necessary for the promotion
of its economic and social development,
Acting under Chapter VII of the Charter of the United Nations,
1. Approves, pursuant to the relevant provisions of its resolutions
687 (1991) and 715 (1991), the provisions for the monitoring mechanism
contained in annex I of the aforementioned letter of 7 December 1995
(S/1995/1017), subject to the terms of this resolution;
2. Approves also the general principles to be followed in implementing
the monitoring mechanism contained in the letter of 17 July 1995 from the
Chairman of the Special Commission to the Chairman of the Committee
established under resolution 661 (1990) which is contained in annex II of the
aforementioned letter of 7 December 1995 (S/1995/1017);
3. Affirms that the mechanism approved by this resolution is without
prejudice to and shall not impair the operation of existing or future
non-proliferation agreements or regimes on the international or regional
level including arrangements referred to in resolution 687 (1991), nor shall such
agreements or regimes impair the operation of the mechanism;
4. Confirms, until the Council decides otherwise under its relevant
resolutions, that requests by other States for sales to Iraq or requests by
Iraq for import of any item or technology to which the mechanism applies shall
continue to be addressed to the Committee established under resolution 661
(1990) for decision by that Committee in accordance with paragraph 4 of the
mechanism;
5. Decides, subject to paragraphs 4 and 7 of this resolution, that all
States shall:
(a) Transmit to the joint unit constituted by the Special Commission and the
Director General of the IAEA under paragraph 16 of the mechanism the
notifications, with the data from potential exporters, and all other relevant
information when available to the States, as requested in the mechanism on the
intended sale or supply from their territories of any items or technologies which
are subject to such notification in accordance with paragraphs 9, 11, 13, 24, 25,
(b) Report to the joint unit, in accordance with paragraphs 13, 24, 25, 27 and
28 of the mechanism, any information they may have at their disposal or may
receive from suppliers in their territories of attempts to circumvent the mechanism
or to supply Iraq with items prohibited to Iraq under the plans for ongoing
monitoring and verification approved by resolution 715 (1991), or where the
procedures for special exceptions laid down in paragraphs 24 and 25 of the
mechanism have not been followed by Iraq;
6. Decides that the notifications required under paragraph 5 above shall be
provided to the joint unit by Iraq, in respect of all items and
technologies referred to in paragraph 12 of the mechanism, as from the date
agreed upon between the Special Commission and the Director General of the
IAEA and Iraq, and in any event not later than sixty days after the adoption of this
resolution;
7. Decides that the notifications required under paragraph 5 above shall be
provided to the joint unit by all other States as from the date the
Secretary-General and the Director General of the IAEA, after their
consultations with the members of the Council and other interested States,
report to the Council indicating that they are satisfied with the
preparedness of States for the effective implementation of the mechanism;
8. Decides that the information provided through the mechanism shall be
treated as confidential and restricted to the Special Commission and the
IAEA, to the extent that this is consistent with their respective
responsibilities under resolution 715 (1991), other relevant resolutions and the
plans for ongoing monitoring and verification approved under resolution 715
(1991);
9. Affirms, if experience over time demonstrates the need or new
technologies so require, that the Council would be prepared to review the
mechanism in order to determine whether any changes are required and that the
annexes to the plans for ongoing monitoring and verification approved under
resolution 715 (1991), which identify the items and technologies to be
notified under the mechanism, may be amended in accordance with the plans,
after appropriate consultations with interested States and, as laid down in the
plans, after notification to the Council;
10. Decides also that the Committee established under resolution
661 (1990) and the Special Commission shall carry out the functions
assigned to them under the mechanism, until the Council decides otherwise;
11. Requests the Director General of the IAEA to carry out, with the
assistance and cooperation of the Special Commission, the functions
assigned to him under the mechanism;
12. Calls upon all States and international organizations to cooperate
fully with the Committee established under resolution 661 (1990), the
Special Commission and the Director General of the IAEA in the fulfilment of
their tasks in connection with the mechanism, including supplying such
information as may be sought by them in implementation of the mechanism;
13. Calls upon all States to adopt as soon as possible such measures as
may be necessary under their national procedures to implement the
mechanism;
14. Decides that all States shall, not later than 45 days after the
adoption of this resolution, be provided by the Special Commission and the
Director General of the IAEA with information necessary to make preparatory
arrangements at the national level prior to the implementation of the provisions of
the mechanism;
15. Demands that Iraq meet unconditionally all its obligations under the
mechanism approved by this resolution and cooperate fully with the Special
Commission and the Director General of the IAEA in the carrying out of
their tasks under this resolution and the mechanism by such means as they may
determine in accordance with their mandates from the Council;
16. Decides to consolidate the periodic requirements for progress reports
under its resolutions 699 (1991), 715 (1991) and this resolution and to
request the Secretary-General and the Director General of the IAEA to submit
such consolidated progress reports every six months to the Council, commencing
on 11 April 1996;
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S/RES/1060 (1996)
12 June 1996
RESOLUTION 1060 (1996)
Adopted by the Security Council at its 3672nd meeting
on 12 June 1996
The Security Council,
Recalling all its previous relevant resolutions, and in particular its
resolutions 687 (1991) of 3 April 1991, 707 (1991) of 15 August 1991 and
Recalling also the letter from the Executive Chairman of the United Nations
Special Commission to the President of the Security Council of 9 March 1996
(S/1996/182), the letter from the President of the Security Council to the Executive
Chairman of the Special Commission of 12 March 1996 (S/1996/183), the statement
made at its 3642nd meeting on 19 March 1996 by the President of the Security
Council (S/PRST/1996/11), and the report of the Chairman of the Special
Commission of 11 April 1996 (S/1996/258),
Reiterating the commitment of all Member States to the sovereignty,
territorial integrity and political independence of Kuwait and Iraq,
Recalling in this context the notes from the Secretary-General of
Noting the progress made in the work of the Special Commission towards the
elimination of Iraq’s programmes of weapons of mass destruction, and
outstanding problems, reported by the Chairman of the Special Commission,
Noting with concern the incidents on 11 and 12 June 1996, reported to
members of the Council by the Executive Chairman of the Special Commission,
when access by a Special Commission inspection team to sites in Iraq designated for
inspection by the Commission was excluded by the Iraqi authorities,
Emphasizing the importance the Council attaches to full compliance by Iraq
with its obligations under resolutions 687 (1991), 707 (1991) and 715
(1991) to permit immediate, unconditional and unrestricted access to the Special
Commission to any site which the Commission wishes to inspect,
Emphasizing the unacceptability of any attempts by Iraq to deny access to any
such site,
Acting under Chapter VII of the Charter of the United Nations,
1. Deplores the refusal of the Iraqi authorities to allow access to sites
designated by the Special Commission, which constitutes a clear violation
of the provisions of Security Council resolutions 687 (1991), 707 (1991) and
2. Demands that Iraq cooperate fully with the Special Commission in
accordance with the relevant resolutions; and that the Government of Iraq
allow the Special Commission inspection teams immediate, unconditional and
unrestricted access to any and all areas, facilities, equipment, records
and means of transportation which they wish to inspect;
3. Expresses its full support to the Special Commission in its efforts to
ensure implementation of its mandate under the relevant resolutions of the
Council;
UNITED
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GENERAL
S/1996/182
12 March 1996
ORIGINAL: ENGLISH
LETTER DATED 9 MARCH 1996 FROM THE EXECUTIVE
CHAIRMAN OF THE SPECIAL COMMISSION ESTABLISHED BY
THE SECRETARY-GENERAL PURSUANT TO PARAGRAPH 9 (b)
(i) OF SECURITY COUNCIL RESOLUTION 687 (1991)
ADDRESSED TO THE PRESIDENT OF THE SECURITY COUNCIL
I have the honour to refer to the consultations held by the members of the
Security Council on 8 March 1996, regarding the situation which had arisen in
Baghdad where Iraq was denying a Special Commission inspection team access to
a facility which had been designated for inspection, despite Iraq’s obligations under
Council resolutions 687 (1991), 707 (1991) and 715 (1991) to grant immediate,
unconditional and unrestricted access to any such facility. At the request of the
members of the Council, the Permanent Representative of Iraq was called in by you,
as President, to express the Council’s deep concern at the situation and to require
Iraq to meet its obligations under the relevant resolutions of the Council. The
members of the Council also agreed that the President should brief the press to the
same effect. They further decided to meet again on the morning of 9 March to
consider the adoption of a statement by the President of the Council, in order to
secure Iraq’s compliance with its obligations if, in the interim, Iraq had not permitted
access to the site under circumstances which met all the requirements of the
Commission for the proper conduct of an inspection.
Following on the President’s briefing of the press, the Executive Chairman of
the Commission remained in contact, throughout the night of 8-9 March, New York
time, with the Deputy Prime Minister of Iraq, Mr. Tariq Aziz, and with the Deputy
Executive Chairman of the Commission in Baghdad and the Chief Inspector of the
inspection team stationed outside the facility concerned, seeking a solution to the
situation. After a prolonged exchange, an arrangement was arrived at whereby initial
access to the facility would be granted to the Chief Inspector and 12 of his experts,
with the Chief Inspector having the right, if he determined that his investigation so
required, to call in as many of his additional experts as might be needed. The Chief
Inspector so determined, a team of some 28 experts being finally involved in the
inspection. Once inside the facility, the inspection was allowed to proceed
unhindered.
When these facts were reported by the Chairman of the Commission to the
President of the Council, the President decided not to convene the projected meeting
of the Council at 11 a.m. on 9 March. It was agreed, instead, that a written report
should be sent by the Chairman to the President of the Council, which could be
circulated for the information of the members of the Council. Attached to this letter
is a schedule of the principal developments relating to this matter (see annex).
While the delay occasioned by Iraq in permitting this inspection to proceed
may call into question whether steps were taken by Iraq to dispose of documents and
other items relating to its proscribed weapons programmes, there can be no doubt
that the prompt action taken by the Council to call in the Permanent Representative
of Iraq, to authorize a press briefing by the Council’s President and to agree to meet
again within a matter of hours if a satisfactory solution was not found, was decisive
in obtaining Iraq’s decision to permit a full inspection of the facility to proceed under
circumstances acceptable to the Commission.
Once again, the unanimity of the members of the Council in support of the
rights of the Commission and of the International Atomic Energy Agency (IAEA) -
in particular the right of immediate, unconditional and unrestricted access for
purposes of inspection to any and all areas, facilities, equipment, records and means
of transportation - has resulted in the resolution of a situation which, if prolonged,
could have given rise to a much more serious confrontation. Iraq, by refusing access
to the facility concerned, was in violation of its obligations under the cease-fire and
related resolutions of the Council. In similar circumstances in the past, the Council
has characterized such a refusal as a “material and unacceptable breach” of
resolution 687 (1991). Unless the Commission’s rights in respect of access are fully
respected, it will be unable to discharge its mandate to ensure that Iraq’s proscribed
weapons and facilities have been disposed of in the manner required by the Council.
It is hoped that, faced once again with the unanimity of the Council, Iraq will not in
the future seek to refuse the Commission and IAEA the full exercise of their rights
under the relevant resolutions of the Council.
(Signed) Rolf EKEUS
Executive Chairman
Office of the Special Commission
Annex
Chronology of developments
8 March
1300 (EST) - The Chief Inspector and team arrive at site for inspection. A senior
Iraqi official refuses to grant access. The Chief Inspector reminds Iraqi officials of
the Commission’s right to have access to any site in Iraq, regardless of its status.
The site is secured by Commission inspectors.
1400 - The Deputy Executive Chairman meets General Amer Sa’adi. General Sa’adi
offers that the building could be entered by the Deputy Executive Chairman and
certain members of the Diplomatic Corps for the purpose of determining whether it
was the Ministry of Irrigation. The Commission refuses to accept this offer.
1520 - The Executive Chairman briefs the President of the Council. This is followed
by informal consultations in the Council, at which the Executive Chairman briefs on
the situation.
1845 - The Council resumes informal consultations and agrees that it will meet the
following morning if the situation is not resolved.
2330 - The Deputy Executive Chairman relays the Executive Chairman’s demand to
General Sa’adi that Iraqi staff not be admitted to the site under inspection. General
Sa’adi states that a normal working day has been authorized. Workers proceed to
enter the building. At this time, General Sa’adi reaffirms that inspectors will not be
permitted to enter.
9 March
0400 - Following several rounds of discussions by telephone between the Executive
Chairman and the Deputy Prime Minister of Iraq, agreement is reached that 13
inspectors would enter the building at 6.30, and that if necessary the Chief Inspector
could immediately call for additional unlimited numbers of experts to support the full
exploitation of the site.
0630 - The Chief Inspector and 12 other inspectors enter the site and are quickly
joined by other experts from the team. The inspection proceeds.
All times are EST and are only approximate.
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GENERAL
S/1996/183
12 March 1996
ORIGINAL: ENGLISH
LETTER DATED 12 MARCH 1996 FROM THE PRESIDENT OF
THE SECURITY COUNCIL ADDRESSED TO THE EXECUTIVE
CHAIRMAN OF THE SPECIAL COMMISSION ESTABLISHED BY
THE SECRETARY-GENERAL PURSUANT TO PARAGRAPH
The members of the Security Council have followed with concern the incident
described in your letter of 9 March 1996 (S/1996/182), when immediate access was
not allowed by the Iraqi authorities to a Special Commission inspection team which
sought access to a site in Baghdad designated for inspection by the Commission.
The members of the Council have also learned with concern of the further incident
on 11 March 1996, when an inspection team was again not allowed immediate and
unconditional access to a site similarly designated by the Special Commission. In
both cases access was subsequently granted only after unacceptable delays.
The members of the Council fully support your continued efforts and those of
the inspection teams in Iraq on the basis of the relevant Security Council resolutions.
They endorse the contents of your letter of 9 March 1996. They recall that under
paragraph 9 (b) (i) of section C of Security Council resolution 687 (1991), Iraq is
required to permit “immediate on-site inspection of Iraq’s biological, chemical and
missile capabilities, based on Iraq’s declarations and the designation of any
additional locations by the Special Commission itself”. By its resolution 707 (1991)
the Council also expressly demanded that Iraq “allow the Special Commission, the
International Atomic Energy Agency and their inspection teams immediate,
unconditional and unrestricted access to any and all areas, facilities, equipment,
records and means of transportation which they wish to inspect”. The obligation if
furthermore confirmed in the Commission’s plan for ongoing monitoring and
verification which was approved by the Security Council in resolution 715 (1991).
The members of the Council consider that Iraq’s delay in permitting the
inspection team currently in Iraq access to the sites concerned constitutes a clear
violation by Iraq of the provisions of resolutions 687 (1991), 707 (1991) and
715 (1991). The members of the Council reiterate that the Government of Iraq must
allow the Special Commission inspection team immediate, unconditional and
unrestricted access to all sites designated by the Commission for inspection.
The members of the Council reiterate their full confidence in the execution by
the Special Commission of the tasks entrusted to it by the Council.
(Signed) Legwaila Joseph LEGWAILA
President of the Security Council
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GENERAL
S/1996/204
18 March 1996
ENGLISH
ORIGINAL: ARABIC
LETTER DATED 17 MARCH 1996 FROM THE PERMANENT
REPRESENTATIVE OF IRAQ TO THE UNITED NATIONS ADDRESSED TO
THE PRESIDENT OF THE SECURITY COUNCIL
On instructions from my Government, I have the honour to transmit annexed
hereto a letter dated 17 March 1996 addressed to you by Mr. Tariq Aziz, Deputy
Prime Minister of the Republic of Iraq, giving details of the facts relating to the
inspection operations conducted by Special Commission inspection team
UNSCOM 143.
I should be grateful if you would have this letter and its annex circulated as a
document of the Security Council.
(Signed) Nizar HAMDOON
Permanent Representative
Annex
Letter dated 17 March 1996 from the Deputy Prime Minister
of the Republic of Iraq addressed to the President of the
Security Council
I should like to clarify to you and to the members of the Security Council the
facts concerning the inspections carried out by UNSCOM 143 during the period 7
to 17 March 1996 and the information relating thereto conveyed to the Council by
the Executive Chairman of the Special Commission in his letter dated 9 March 1996
(document S/1996/182), a copy of which you made available to our Permanent
Representative.
First:
1.Inspection operations commenced in accordance with the provisions of
resolution 687 (1991) in May 1991, and have continued until the present time.
During that period, inspection teams requested access to the headquarters of any
ministry on only two occasions. The first was in 1992, when an inspection team
requested access to the headquarters of the Ministry of Agriculture, leading to a long
controversy between the Iraqi authorities and the Special Commission. That
controversy was settled by an agreement between me and the Executive Chairman
of the Special Commission on an appropriate arrangement for entering the Ministry
headquarters. Upon entering, the representatives of the Special Commission did not
find any of the items they alleged to be there.
The second incident was the one which took place on 8 March 1996, when the
chief inspector of UNSCOM 143 requested access to the Ministry of Irrigation.
After a discussion lasting several hours between our representatives and the
Vice-Chairman of the Special Commission, who was in Baghdad at the time, I
telephoned the Executive Chairman of the Special Commission, Mr. Rolf Ekeus, and
we reached agreement on an appropriate arrangement for entering the building.
Once again the team did not find what it had alleged to have been in the building
(missiles, missile components and large boxes of documents).
2.On 11 March 1996 the same inspection team requested access to the
headquarters of an institute for training the Republican Guards. In this case, I also
telephoned Mr. Ekeus, who was then in London, and agreed with him on an
appropriate arrangement for entering the building. The inspection team entered the
building, and did not find any of the materials alleged to be there.
3.On 14 March 1996 the same inspection team asked to visit one of the
headquarters of the Special Guards. An appropriate arrangement for entering the
building was agreed upon between the Iraqi officials concerned and the chief
inspector. The same thing happened on 15 March 1996 when the chief inspector
requested entry to a site belonging to the Republic Guards. After entering these two
sites, the team did not find any of the materials it alleged to be there.
4.During the said period the inspection team, in addition to the aforementioned
headquarters, visited nine other sites without any problem.
Second:
It is clear from what is indicated above that the delays which occurred before
the aforementioned four inspection operations took place were due to the fact that
the headquarters which the inspection team asked to inspect were of a special nature
(such as a ministry and the headquarters of establishments that have special
characteristics relating to national security).
It is worth mentioning that since the incident at the Ministry of Agriculture in
1992, 104 inspection teams have discharged their tasks without requesting access to
any headquarters or establishment of a nature similar to that of the headquarters
which the last chief inspector requested to enter, a matter which caused us both
surprise and concern.
In July 1993, during Mr. Ekeus’ visit to Baghdad, we reached an agreement
under which the inspection teams should, while discharging their tasks under the
provisions of resolution 687 (1991), respect Iraq’s sovereignty, dignity and national
security. This was confirmed in paragraph 16 of the joint report of the two sides
dated 30 November 1993 (document S/26825), which stated as follows:
“As regards Iraq’s concerns relating to respect for the sovereignty,
internal security and dignity of the people and the State of Iraq and Iraq’s right
to industrial, scientific and technological progress and development in all
fields not covered by the prohibitions contained in resolution 687 (1991), the
Commission and IAEA stressed that it was their intention to implement the
plans in the least intrusive manner consistent with effective monitoring and
verification in the circumstances prevailing, with all due regard to the
legitimate concerns of Iraq noted above, in accordance with the Charter of the
United Nations.”
Third:
The other reasons for the delay in permitting access to the four sites were:
1.The Iraqi side was surprised by the request to inspect the sites, which has for
many years been without precedent. This required contacts among the concerned
officials to study these requests with a view to taking the appropriate position
thereon.
2.The request to enter the headquarters of the Ministry of Irrigation was made
at 9 p.m. on Friday, 8 March 1996, which was a weekend. Similarly, the request to
enter the headquarters of the Republican Guards was presented on Friday,
15 March 1996. To conduct inspections on a weekend would certainly lead to delay
in contacting the officials concerned (as mentioned in paragraph 1) for them to return
to their offices to study the situation in order to deal with it.
3.Entry into any site which an inspection team requests requires the presence of
the official in charge of the site and a suitable number of personnel in order to
answer the questions of the inspection team, to provide the keys of rooms, lockers
and stores and to meet other requirements which would enable the inspection team
to carry out the inspection. All this requires time, particularly when the inspection
activities are carried out during weekends or after working hours.
4.Discussion between the Iraqi side and the chief inspector with a view to
reaching an appropriate arrangement for entering a building and carrying out the
inspection operation without touching upon matters that do not relate to the duties
and tasks of the Special Commission takes time, particularly when some sites are
very large and contain many facilities of different kinds. The chief inspector also
needs time to contact his principals in order to secure their approval of the
arrangement reached with the Iraqi side.
5.Taking into consideration all these practical factors relating to ensuring the
efficiency of the inspection, the delays which occurred and which have been referred
to in the letter of the Executive Chairman of the Special Commission were no longer
than the time necessitated by these practical factors; in addition I twice contacted
Mr. Ekeus, by telephone, on one occasion in London, in order to reach an
understanding on the basis of the Special Commission’s undertakings with respect
to Iraq’s sovereignty, dignity and national security and of Iraq’s obligations under
the relevant resolutions.
Fourth:
The allegation that the delay in granting access to the said headquarters raises
doubts as to whether materials alleged to have been therein might have been removed
or disposed of is refuted by the following facts:
1.Normally, the requests of the inspection teams are, as in the aforementioned
cases, for no-notice inspection, i.e. the team reaches the site it seeks to inspect
without advance notice.
2.Once the inspection team arrives at the designated site, the inspectors surround
the site from all directions.
3.The inspection team which carried out the recent inspections consisted of more
than 50 members with 16 vehicles, a number quite sufficient to surround the building
from all directions and to control its entrances and exits.
4.At the same time that the inspection team arrives at a site, the helicopters of
the Special Commission start flying over the site to ensure that nothing is moved out
of the site.
5.The helicopters photograph the site before, during and after the inspection. It
is possible, by comparing the photographs, to ascertain whether any large equipment
may have been moved by trucks corresponding to the size and weight of such
equipment. This was particularly so in the case of the last inspection team which
was searching, as it informed us, for missiles, missile components, missile launchers
and large boxes of documents. During the recent inspections, helicopter overflight
of the site was interrupted briefly on two occasions (for 20-30 minutes) for reasons
of fuel shortage, which logically does not allow any major change in the status of the
site.
6.It is very easy for the inspection teams to verify whether some documents were
burned.
For these practical and technical reasons, the allegations that there was a
probability of a change in the status of the site, or of the removal of some equipment
from it and the burning of some documents, are not realistic.
Fifth:
Jumping to the conclusion that what happened in the last few days constitutes
a pattern of impeding the work of the Special Commission is quite wrong and
baseless.
In the name of the Government of Iraq, I reaffirm that the Iraqi authorities
have no intention of impeding the tasks of the Special Commission in Iraq. On the
contrary, we have affirmed on the highest levels that we are keen to continue the
relations of understanding and joint work with a view to fulfilling the tasks of the
Special Commission as soon as possible. This has been confirmed by all the recent
reports of the Special Commission. As I reiterate this affirmation, I expect the
Executive Chairman of the Special Commission and its representatives, while
discharging their duties in Iraq, to adhere to their undertakings towards Iraq by
respecting Iraq’s sovereignty, dignity and national security. I also expect the
Security Council to deal with this issue in an objective manner which would balance
Iraq’s obligations towards the Security Council and the Council’s obligations
towards Iraq in accordance with the principles of the United Nations Charter and the
provisions of the relevant resolutions of the Council.
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UNITED
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GENERAL
S/PRST/1996/11
19 March 1996
ORIGINAL: ENGLISH
STATEMENT BY THE PRESIDENT OF THE SECURITY COUNCIL
At the 3642nd meeting of the Security Council, held on 19 March 1996, in
connection with the Council’s consideration of the item entitled “The situation
between Iraq and Kuwait”, the President of the Security Council made the
following statement on behalf of the Council:
“The Security Council has noted with growing concern that the incident
described in the letter of 9 March 1996 from the Executive Chairman of the
Special Commission to the President of the Security Council (S/1996/182)
and the further incident on 11 March 1996 in which an inspection team was
again not allowed immediate and unconditional access to a site designated
by the Commission under its resolution 687 (1991) were followed by further
such incidents on 14 and 15 March 1996. In all of these cases access was
subsequently granted only after unacceptable delays.
“The Security Council reiterates its full support for the Special
Commission in the conduct of its inspections and the other tasks entrusted
to it by the Council.
“The Security Council notes the letter of 17 March 1996 to its
President from the Deputy Prime Minister of Iraq (S/1996/204). It recalls
that, under paragraph 9 (b) (i) of section C of Security Council resolution
687 (1991), Iraq is required to permit ‘immediate on-site inspection of
Iraq’s biological, chemical and missile capabilities, based on Iraq’s
declarations and the designation of any additional locations by the Special
Commission itself’. By its resolution 707 (1991), the Council also
expressly demanded that Iraq ‘allow the Special Commission, the
International Atomic Energy Agency and their inspection teams immediate,
unconditional and unrestricted access to any and all areas, facilities,
equipment, records and means of transportation which they wish to inspect’.
The obligation was furthermore confirmed in the Commission’s plan for
ongoing monitoring and verification which was approved by the Security
Council in resolution 715 (1991); in this context the Council recalls the
notes from the Secretary-General of 21 July 1993 (S/26127) and
“The Security Council considers that Iraq’s delays in permitting the
inspection team recently in Iraq access to the sites concerned constitute
clear violations by Iraq of the provisions of resolutions 687 (1991),
707 (1991) and 715 (1991). The Council demands that the Government of Iraq
allow the Special Commission inspection teams immediate, unconditional and
unrestricted access to all sites designated by the Commission for
inspection in accordance with the relevant resolutions of the Council.”
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UNITED
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GENERAL
S/RES/1111 (1997)
4 June 1997
RESOLUTION 1111 (1997)
Adopted by the Security Council at its 3786th meeting,
on 4 June 1997
The Security Council,
Recalling its previous resolutions and in particular its resolution 986 (1995) of 14
April 1995,
Convinced of the need as a temporary measure to continue to provide for the
humanitarian needs of the Iraqi people until the fulfilment by Iraq of the relevant
Security Council resolutions, including notably resolution 687 (1991) of 3 April
1991, allows the Council to take further action with regard to the prohibitions
referred to in resolution 661 (1990) of 6 August 1990, in accordance with the
provisions of those resolutions,
Determined to avoid any further deterioration of the current humanitarian
situation,
Convinced also of the need for equitable distribution of humanitarian relief to all
segments of the Iraqi population throughout the country,
Welcoming the report submitted by the Secretary-General in accordance with
paragraph 11 of resolution 986 (1995) (S/1997/419), as well as the report
submitted in accordance with paragraph 12 of resolution 986 (1995) (S/1997/417)
by the Committee established by resolution 661 (1990) of 6 August 1990,
Reaffirming the commitment of all Member States to the sovereignty and
territorial integrity of Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the provisions of resolution 986 (1995), except those contained in
paragraphs 4, 11 and 12, shall remain in force for another period of 180 days
beginning at 00.01 hours, Eastern Daylight Time, on 8 June 1997;
2. Further decides to conduct a thorough review of all aspects of the
implementation of this resolution 90 days after the entry into force of paragraph 1
above and again prior to the end of the 180 day period, on receipt of the reports
referred to in paragraphs 3 and 4 below, and expresses its intention, prior to the
end of the 180 day period, to consider favorably renewal of the provisions of this
resolution, provided that the reports referred to in paragraphs 3 and 4 below
indicate that those provisions are being satisfactorily implemented;
3. Requests the Secretary-General to report to the Council 90 days after the date
of entry into force of paragraph 1 above, and again prior to the end of the 180 day
period, on the basis of observation by United Nations personnel in Iraq, and on
the basis of consultations with the Government of Iraq, on whether Iraq has
ensured the equitable distribution of medicine, health supplies, foodstuffs, and
materials and supplies for essential civilian needs, financed in accordance with
paragraph 8 (a) of resolution 986 (1995), including in his reports any observations
he may have on the adequacy of the revenues to meet Iraq’s humanitarian needs,
and on Iraq’s capacity to export sufficient quantities of petroleum and petroleum
products to produce the sum referred to in paragraph 1 of resolution 986 (1995);
4. Requests the Committee established by resolution 661 (1990), in close
coordination with the Secretary-General, to report to the Council 90 days after the
date of entry into force of paragraph 1 above and again prior to the end of the 180
day period on the implementation of the arrangements in paragraphs 1, 2, 6, 8, 9
and 10 of resolution 986 (1995);
5. Directs the Committee established by resolution 661 (1990) of 6 August 1990
to process expeditiously contract applications submitted under the present
resolution as soon as the Secretary-General has approved the new Plan submitted
by the Government of Iraq, guaranteeing equitable distribution and including a
description of the goods to be purchased with the revenues of the sale of
petroleum and petroleum products authorized by the present resolution;
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UNITED
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GENERAL
S/RES/1115 (1997)
21 June 1997
RESOLUTION 1115 (1997)
Adopted by the Security Council at its 3792nd meeting,
on 21 June 1997
The Security Council,
Recalling all its previous relevant resolutions, and in particular its resolutions 687
(1991) of 3 April 1991, 707 (1991) of 15 August 1991, 715 (1991) of 11 October
Recalling also the letter from the Executive Chairman of the Special Commission
to the President of the Security Council of 12 June 1997 (S/1997/474), which
reported to the Council the incidents on 10 and 12 June 1997 when access by a
Special Commission inspection team to sites in Iraq designated for inspection by
the Commission was excluded by the Iraqi authorities,
Determined to ensure full compliance by Iraq with its obligations under all
previous resolutions, in particular resolutions 687 (1991), 707 (1991), 715 (1991)
and 1060 (1996) to permit immediate, unconditional and unrestricted access to the
Special Commission to any site which the Commission wishes to inspect,
Stressing the unacceptability of any attempts by Iraq to deny access to any such
site,
Reiterating the commitment of all Member States to the sovereignty, territorial
integrity and political independence of Kuwait and Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Condemns the repeated refusal of the Iraqi authorities to allow access to sites
designated by the Special Commission, which constitutes a clear and flagrant
violation of the provisions of Security Council resolutions 687 (1991), 707
(1991), 715 (1991) and 1060 (1996);
2. Demands that Iraq cooperate fully with the Special Commission in accordance
with the relevant resolutions; and that the Government of Iraq allow the Special
Commission inspection teams immediate, unconditional and unrestricted access to
any and all areas, facilities, equipment, records and means of transportation which
they wish to inspect in accordance with the mandate of the Special Commission;
3. Demands further that the Government of Iraq give immediate, unconditional
and unrestricted access to officials and other persons under the authority of the
Iraqi Government whom the Special Commission wishes to interview, so that the
Special Commission may fully discharge its mandate;
4. Requests the Chairman of the Special Commission to include in his
consolidated progress reports under resolution 1051 (1996) an annex evaluating
Iraq’s compliance with paragraphs 2 and 3 of this resolution;
5. Decides not to conduct the reviews provided for in paragraphs 21 and 28 of
resolution 687 (1991) until after the next consolidated progress report of the
Special Commission, due on 11 October 1997, after which time those reviews
will resume in accordance with resolution 687 (1991);
6. Expresses the firm intention, unless the Special Commission advises the
Council in the report referred to in paragraphs 4 and 5 that Iraq is in substantial
compliance with paragraphs 2 and 3 of this resolution, to impose additional
measures on those categories of Iraqi officials responsible for the
non-compliance;
7. Reaffirms its full support to the Special Commission in its efforts to ensure the
implementation of its mandate under the relevant resolutions of the Council;
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UNITED
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GENERAL
S/RES/1129 (1997)
12 September 1997
RESOLUTION 1129 (1997)
Adopted by the Security Council at its 3817th meeting,
on 12 September 1997
The Security Council,
Recalling its previous resolutions and, in particular, its resolutions 986 (1995) of
Reaffirming that the implementation period of resolution 1111 (1997) began at
00.01, Eastern Daylight Time, on 8 June 1997, and that the export of petroleum
and petroleum products by Iraq pursuant to resolution 1111 (1997) did not require
the approval by the Secretary-General of the distribution plan mentioned in
paragraph 8 (a) (ii) of resolution 986 (1995),
Taking note of the decision by the Government of Iraq not to export petroleum
and petroleum products permitted pursuant to resolution 1111 (1997) during the
period 8 June to 13 August 1997,
Deeply concerned about the resulting humanitarian consequences for the Iraqi
people, since the shortfall in the revenue from the sale of petroleum and
petroleum products will delay the provision of humanitarian relief and create
hardship for the Iraqi people,
Noting that, as set out in the report of the Committee established by resolution
661 (1990) (S/1997/692), Iraq will not be able to export petroleum and petroleum
products worth two billion United States dollars by the end of the period set by
resolution 1111 (1997) while complying with the requirement not to produce a
sum exceeding one billion United States dollars every 90 days set out in
paragraph 1 of resolution 986 (1995) and renewed in resolution 1111 (1997),
Acknowledging the situation with regard to the delivery of humanitarian goods to
Iraq as described in the report of the Secretary-General (S/1997/685) and
encouraging the continuing efforts to improve this situation,
Stressing the importance of an equitable distribution of humanitarian goods as
called for by paragraph 8 (a) (ii) of resolution 986 (1995),
Determined to avoid any further deterioration of the current humanitarian
situation,
Reaffirming the commitment of all Member States to the sovereignty and
territorial integrity of Iraq,
Acting under Chapter VII of the Charter of the United Nations,
except that States are authorized to permit the import of petroleum and petroleum
products originating in Iraq, including financial and other essential transactions
directly relating thereto, sufficient to produce a sum not exceeding a total of one
billion United States dollars within a period of 120 days from 00.01, Eastern
Daylight Time, on 8 June 1997 and, thereafter, a sum not exceeding a total of one
billion United States dollars within a period of 60 days from 00.01, Eastern
Daylight Time, on 4 October 1997;
2. Decides further that the provisions of paragraph 1 above shall apply only to the
period of implementation of resolution 1111 (1997), and expresses its firm
intention that under any future resolutions authorizing States to permit the import
of petroleum and petroleum products originating in Iraq, the time limits within
which imports may be permitted established in such resolutions shall be strictly
enforced;
3. Expresses its full support for the intention of the Secretary-General, stated in
his report to the Security Council (S/1997/685), to follow up his observations
concerning the needs of vulnerable groups in Iraq by monitoring the actions of the
Government of Iraq in respect of these groups;
4. Stresses that contracts for the purchase of humanitarian supplies submitted in
accordance with resolution 1111 (1997) must be limited to items which appear on
the list of supplies annexed to the second distribution plan prepared by the
Government of Iraq and approved by the Secretary-General pursuant to paragraph
8 (a) (ii) of resolution 986 (1995), or appropriate amendments to the plan must be
requested prior to purchasing items not on the annexed list;
-----
UNITED
NATIONSS
Security Council
Distr.
GENERAL
S/RES/1134 (1997)
23 October 1997
RESOLUTION 1134 (1997)
Adopted by the Security Council at its 3826th meeting,
on 23 October 1997
The Security Council,
Recalling all its previous relevant resolutions, and in particular its resolutions 687
(1991) of 3 April 1991, 707 (1991) of 15 August 1991, 715 (1991) of 11 October
Having considered the report of the Executive Chairman of the Special
Commission dated 6 October 1997 (S/1997/774),
Expressing grave concern at the report of additional incidents since the adoption
of resolution 1115 (1997) in which access by the Special Commission inspection
teams to sites in Iraq designated for inspection by the Commission was again
denied by the Iraqi authorities,
Stressing the unacceptability of any attempts by Iraq to deny access to such sites,
Taking note of the progress nevertheless achieved by the Special Commission, as
set out in the report of the Executive Chairman, towards the elimination of Iraq’s
programme of weapons of mass destruction,
Reaffirming its determination to ensure full compliance by Iraq with all its
obligations under all previous relevant resolutions and reiterating its demand that
Iraq allow immediate, unconditional and unrestricted access to the Special
Commission to any site which the Commission wishes to inspect, and in
particular allow the Special Commission and its inspection teams to conduct both
fixed wing and helicopter flights throughout Iraq for all relevant purposes
including inspection, surveillance, aerial surveys, transportation and logistics
without interferences of any kind and upon such terms and conditions as may be
determined by the Special Commission, and to make use of their own aircraft and
such airfields in Iraq as they may determine are most appropriate for the work of
the Commission,
Recalling that resolution 1115 (1997) expresses the Council’s firm intention,
unless the Special Commission has advised the Council that Iraq is in substantial
compliance with paragraphs 2 and 3 of that resolution, to impose additional
measures on those categories of Iraqi officials responsible for the
non-compliance,
Reiterating the commitment of all Member States to the sovereignty, territorial
integrity and political independence of Kuwait and Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Condemns the repeated refusal of the Iraqi authorities, as detailed in the report
of the Executive Chairman of the Special Commission, to allow access to sites
designated by the Special Commission, and especially Iraqi actions endangering
the safety of Special Commission personnel, the removal and destruction of
documents of interest to the Special Commission and interference with the
freedom of movement of Special Commission personnel;
2. Decides that such refusals to cooperate constitute a flagrant violation of
Security Council resolutions 687 (1991), 707 (1991), 715 (1991) and 1060
(1996), and notes that the Special Commission in the report of the Executive
Chairman was unable to advise that Iraq was in substantial compliance with
paragraphs 2 and 3 of resolution 1115 (1997);
3. Demands that Iraq cooperate fully with the Special Commission in accordance
with the relevant resolutions, which constitute the governing standard of Iraqi
compliance;
4. Demands in particular that Iraq without delay allow the Special Commission
inspection teams immediate, unconditional and unrestricted access to any and all
areas, facilities, equipment, records and means of transportation which they wish
to inspect in accordance with the mandate of the Special Commission, as well as
to officials and other persons under the authority of the Iraqi Government whom
the Special Commission wishes to interview so that the Special Commission may
fully discharge its mandate;
5. Requests the Chairman of the Special Commission to include in all future
consolidated progress reports prepared under resolution 1051 (1996) an annex
evaluating Iraq’s compliance with paragraphs 2 and 3 of resolution 1115 (1997);
6. Expresses the firm intention - if the Special Commission reports that Iraq is not
in compliance with paragraphs 2 and 3 of resolution 1115 (1997) or if the Special
Commission does not advise the Council in the report of the Executive Chairman
due on 11 April 1998 that Iraq is in compliance with paragraphs 2 and 3 of
resolution 1115 (1997) - to adopt measures which would oblige all States to
prevent without delay the entry into or transit through their territories of all Iraqi
officials and members of the Iraqi armed forces who are responsible for or
participate in instances of non-compliance with paragraphs 2 and 3 of resolution
1115 (1997), provided that the entry of a person into a particular State on a
specified date may be authorized by the Committee established by resolution 661
(1990), and provided that nothing in this paragraph shall oblige a State to refuse
entry into its own territory to its own nationals or persons carrying out bona fide
diplomatic assignments or missions;
7. Decides further, on the basis of all incidents related to the implementation of
paragraphs 2 and 3 of resolution 1115 (1997), to begin to designate, in
consultation with the Special Commission, individuals whose entry or transit
would be prevented upon implementation of the measures set out in paragraph 6
above;
8. Decides not to conduct the reviews provided for in paragraphs 21 and 28 of
resolution 687 (1991) until after the next consolidated progress report of the
Special Commission, due on 11 April 1998, after which those reviews will
resume in accordance with resolution 687 (1991), beginning on 26 April 1998;
9. Reaffirms its full support for the authority of the Special Commission under its
Executive Chairman to ensure the implementation of its mandate under the
relevant resolutions of the Council;
-----
UNITED
NATIONSS
Security Council
Distr.
GENERAL
S/RES/1137(1997)
12 November 1997
RESOLUTION 1137 (1997)
Adopted by the Security Council at its 3831st meeting,
on 12 November 1997
The Security Council,
Recalling all its previous relevant resolutions, and in particular its resolutions 687
(1991) of 3 April 1991, 707 (1991) of 15 August 1991, 715 (1991) of 11 October
1991, 1060 (1996) of 12 June 1996, 1115 (1997) of 21 June 1997, and 1134
(1997) of 23 October 1997,
Taking note with grave concern of the letter of 29 October 1997 from the Deputy
Prime Minister of Iraq to the President of the Security Council (S/1997/829)
conveying the unacceptable decision of the Government of Iraq to seek to impose
conditions on its cooperation with the Special Commission, of the letter of 2
November 1997 from the Permanent Representative of Iraq to the United Nations
to the Executive Chairman of the Special Commission (S/1997/837, annex) which
reiterated the unacceptable demand that the reconnaissance aircraft operating on
behalf of the Special Commission be withdrawn from use and which implicitly
threatened the safety of such aircraft, and of the letter of 6 November 1997 from
the Minister of Foreign Affairs of Iraq to the President of the Security Council
(S/1997/855) admitting that Iraq has moved dual-capable equipment which is
subject to monitoring by the Special Commission,
Also taking note with grave concern of the letters of 30 October 1997
(S/1997/830) and 2 November 1997 (S/1997/836) from the Executive Chairman
of the Special Commission to the President of the Security Council advising that
the Government of Iraq had denied entry to Iraq to two Special Commission
officials on 30 October 1997 and 2 November 1997 on the grounds of their
nationality, and of the letters of 3 November 1997 (S/1997/837), 4 November
1997 (S/1997/843), 5 November 1997 (S/1997/851) and 7 November 1997
(S/1997/864) from the Executive Chairman of the Special Commission to the
President of the Security Council advising that the Government of Iraq had denied
entry to sites designated for inspection by the Special Commission on 3, 4, 5, 6
and 7 November 1997 to Special Commission inspectors on the grounds of their
nationality, and of the additional information in the Executive Chairman’s letter
of 5 November 1997 to the President of the Security Council (S/1997/851) that
the Government of Iraq has moved significant pieces of dual-capable equipment
subject to monitoring by the Special Commission, and that monitoring cameras
appear to have been tampered with or covered,
Welcoming the diplomatic initiatives, including that of the high-level mission of
the Secretary-General, which have taken place in an effort to ensure that Iraq
complies unconditionally with its obligations under the relevant resolutions,
Deeply concerned at the report of the high-level mission of the Secretary-General
on the results of its meetings with the highest levels of the Government of Iraq,
Recalling that its resolution 1115 (1997) expressed its firm intention, unless the
Special Commission advised the Council that Iraq is in substantial compliance
with paragraphs 2 and 3 of that resolution, to impose additional measures on those
categories of Iraqi officials responsible for the non-compliance,
Recalling also that its resolution 1134 (1997) reaffirmed its firm intention, if inter
alia the Special Commission reports that Iraq is not in compliance with
paragraphs 2 and 3 of resolution 1115 (1997), to adopt measures which would
oblige States to refuse the entry into or transit through their territories of all Iraqi
officials and members of the Iraqi armed forces who are responsible for or
participate in instances of non-compliance with paragraphs 2 and 3 of resolution
Recalling further the Statement of its President of 29 October 1997
(S/PRST/1997/49) in which the Council condemned the decision of the
Government of Iraq to try to dictate the terms of its compliance with its obligation
to cooperate with the Special Commission, and warned of the serious
consequences of Iraq’s failure to comply immediately and fully and without
conditions or restrictions with its obligations under the relevant resolutions,
Reiterating the commitment of all Member States to the sovereignty, territorial
integrity and political independence of Kuwait and Iraq,
Determined to ensure immediate and full compliance without conditions or
restrictions by Iraq with its obligations under the relevant resolutions,
Determining that this situation continues to constitute a threat to international
peace and security,
Acting under Chapter VII of the Charter,
1. Condemns the continued violations by Iraq of its obligations under the relevant
resolutions to cooperate fully and unconditionally with the Special Commission in
the fulfilment of its mandate, including its unacceptable decision of 29 October
its refusal on 30 October 1997 and 2 November 1997 to allow entry to Iraq to two
Special Commission officials on the grounds of their nationality, its denial of
entry on 3, 4, 5, 6 and 7 November 1997 to sites designated by the Special
Commission for inspection to Special Commission inspectors on the grounds of
their nationality, its implicit threat to the safety of the reconnaissance aircraft
operating on behalf of the Special Commission, its removal of significant pieces
of dual-use equipment from their previous sites, and its tampering with
monitoring cameras of the Special Commission;
2. Demands that the Government of Iraq rescind immediately its decision of 29
October 1997;
3. Demands also that Iraq cooperate fully and immediately and without conditions
or restrictions with the Special Commission in accordance with the relevant
resolutions, which constitute the governing standard of Iraqi compliance;
4. Decides, in accordance with paragraph 6 of resolution 1134 (1997), that States
shall without delay prevent the entry into or transit through their territories of all
Iraqi officials and members of the Iraqi armed forces who were responsible for or
participated in the instances of non-compliance detailed in paragraph 1 above,
provided that the entry of a person into a particular State on a specified date may
be authorized by the Committee established by resolution 661 (1990) of 6 August
1990, and provided that nothing in this paragraph shall oblige a State to refuse
entry into its own territory to its own nationals, or to persons carrying out bona
fide diplomatic assignments, or missions approved by the Committee established
by resolution 661 (1990);
5. Decides also, in accordance with paragraph 7 of resolution 1134 (1997), to
designate in consultation with the Special Commission a list of individuals whose
entry or transit will be prevented under the provisions of paragraph 4 above, and
requests the Committee established by resolution 661 (1990) to develop
guidelines and procedures as appropriate for the implementation of the measures
set out in paragraph 4 above, and to transmit copies of these guidelines and
procedures, as well as a list of the individuals designated, to all Member States;
6. Decides that the provisions of paragraphs 4 and 5 above shall terminate one
day after the Executive Chairman of the Special Commission reports to the
Council that Iraq is allowing the Special Commission inspection teams
immediate, unconditional and unrestricted access to any and all areas, facilities,
equipment, records and means of transportation which they wish to inspect in
accordance with the mandate of the Special Commission, as well as to officials
and other persons under the authority of the Iraqi Government whom the Special
Commission wishes to interview so that the Special Commission may fully
discharge its mandate;
7. Decides that the reviews provided for in paragraphs 21 and 28 of resolution
687 (1991) shall resume in April 1998 in accordance with paragraph 8 of
resolution 1134 (1997), provided that the Government of Iraq shall have complied
with paragraph 2 above;
8. Expresses the firm intention to take further measures as may be required for the
implementation of this resolution;
9. Reaffirms the responsibility of the Government of Iraq under the relevant
resolutions to ensure the safety and security of the personnel and equipment of the
Special Commission and its inspection teams;
10. Reaffirms also its full support for the authority of the Special Commission
under its Executive Chairman to ensure the implementation of its mandate under
the relevant resolutions of the Council;
-----
UNITED
NATIONSS
Security Council
Distr.
GENERAL
S/RES/1143 (1997)
4 December 1997
RESOLUTION 1143 (1997)
Adopted by the Security Council at its 3840th meeting,
on 4 December 1997
The Security Council,
Recalling its previous resolutions and in particular its resolutions 986 (1995) of
14 April 1995, 1111 (1997) of 4 June 1997 and 1129 (1997) of 12 September
Convinced of the need as a temporary measure to continue to provide for the
humanitarian needs of the Iraqi people until the fulfilment by Iraq of the relevant
resolutions, including notably resolution 687 (1991) of 3 April 1991, allows the
Council to take further action with regard to the prohibitions referred to in
resolution 661 (1990) of 6 August 1990, in accordance with the provisions of
those resolutions,
Convinced also of the need for equitable distribution of humanitarian relief to all
segments of the Iraqi population throughout the country,
Welcoming the report submitted by the Secretary-General in accordance with
paragraph 3 of resolution 1111 (1997) (S/1997/935) and his intention to submit a
supplementary report, as well as the report submitted in accordance with
paragraph 4 of resolution 1111 (1997) by the Committee established by resolution
Noting with concern that, despite the ongoing implementation of resolutions 986
(1995) and 1111 (1997), the population of Iraq continues to face a serious
nutritional and health situation,
Determined to avoid any further deterioration of the current humanitarian
situation,
Noting with appreciation the recommendation of the Secretary-General that the
Council re-examine the adequacy of the revenues provided by resolution 986
(1995) and consider how best to meet the priority humanitarian requirements of
the Iraqi people, including the possibility of increasing those revenues,
Noting also with appreciation the Secretary-General’s intention to include in his
supplementary report recommendations on ways to improve the processing and
supply of humanitarian goods under resolution 986 (1995),
Welcoming the efforts made by the Committee established by resolution 661
(1990) to refine and clarify its working procedures and encouraging the
Committee to go further in that direction in order to expedite the approval
process,
Reaffirming the commitment of all Member States to the sovereignty and
territorial integrity of Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the provisions of resolution 986 (1995), except those contained in
paragraphs 4, 11 and 12, shall remain in force for another period of 180 days
beginning at 00.01 hours, Eastern Standard Time, on 5 December 1997;
2. Further decides that the provisions of the distribution plan in respect of goods
purchased in accordance with resolution 1111 (1997) shall continue to apply to
foodstuffs, medicine and health supplies purchased in accordance with this
resolution pending the Secretary-General’s approval of a new distribution plan, to
be submitted by the Government of Iraq before 5 January 1998;
3. Further decides to conduct a thorough review of all aspects of the
implementation of this resolution 90 days after the entry into force of paragraph 1
above and again prior to the end of the 180-day period, on receipt of the reports
referred to in paragraphs 4 and 5 below, and expresses its intention, prior to the
end of the 180-day period, to consider favorably renewal of the provisions of this
resolution, provided that the reports referred to in paragraphs 4 and 5 below
indicate that those provisions are being satisfactorily implemented;
4. Requests the Secretary-General to report to the Council 90 days after the date
of entry into force of paragraph 1 above, and again prior to the end of the 180-day
period, on the basis of observation by United Nations personnel in Iraq, and on
the basis of consultations with the Government of Iraq, on whether Iraq has
ensured the equitable distribution of medicine, health supplies, foodstuffs, and
materials and supplies for essential civilian needs, financed in accordance with
paragraph 8 (a) of resolution 986 (1995), including in his reports any observations
he may have on the adequacy of the revenues to meet Iraq’s humanitarian needs,
and on Iraq’s capacity to export sufficient quantities of petroleum and petroleum
products to produce the sum referred to in paragraph 1 of resolution 986 (1995);
5. Requests the Committee established by resolution 661 (1990), in close
coordination with the Secretary-General, to report to the Council 90 days after the
date of entry into force of paragraph 1 above and again prior to the end of the
6. Welcomes the intention of the Secretary-General to submit a supplementary
report, and expresses its willingness, in the light of his recommendations, to find
ways of improving the implementation of the humanitarian programme and to
take such action over additional resources as needed to meet priority humanitarian
requirements of the Iraqi people, as well as to consider an extension of the
time-frame for the implementation of this resolution;
7. Requests the Secretary-General to submit his supplementary report to the
Council no later than 30 January 1998;
8. Stresses the need to ensure respect for the security and safety of all persons
appointed by the Secretary-General for the implementation of this resolution in
Iraq;
9. Requests the Committee established by resolution 661 (1990) to continue, in
close coordination with the Secretary-General, to refine and clarify working
procedures in order to expedite the approval process and to report to the Council
no later than 30 January 1998;
-----
UNITED
NATIONSS
Security Council
Distr.
GENERAL
S/RES/1153 (1998)
20 February 1998
RESOLUTION 1153 (1998)
Adopted by the Security Council at its 3855th meeting,
on 20 February 1998
The Security Council,
Recalling its previous relevant resolutions and in particular its resolutions 986
(1995) of 14 April 1995, 1111 (1997) of 4 June 1997, 1129 (1997) of 12
September 1997 and 1143 (1997) of 4 December 1997,
Convinced of the need as a temporary measure to continue to provide for the
humanitarian needs of the Iraqi people until the fulfilment by Iraq of the relevant
resolutions, including notably resolution 687 (1991) of 3 April 1991, allows the
Council to take further action with regard to the prohibitions referred to in
resolution 661 (1990) of 6 August 1990, in accordance with the provisions of
those resolutions, and emphasizing the temporary nature of the distribution plan
envisaged by this resolution,
Convinced also of the need for equitable distribution of humanitarian supplies to
all segments of the Iraqi population throughout the country,
Welcoming the report submitted on 1 February 1998 by the Secretary-General in
accordance with paragraph 7 of resolution 1143 (1997) (S/1998/90) and his
recommendations, as well as the report submitted on 30 January 1998 in
accordance with paragraph 9 of resolution 1143 (1997) by the Committee
established by resolution 661 (1990) of 6 August 1990 (S/1998/92),
Noting that the Government of Iraq did not cooperate fully in the preparation of
the report of the Secretary-General,
Noting with concern that, despite the ongoing implementation of resolutions 986
(1995), 1111 (1997) and 1143 (1997), the population of Iraq continues to face a
very serious nutritional and health situation,
Determined to avoid any further deterioration of the current humanitarian
situation,
Reaffirming the commitment of all Member States to the sovereignty and
territorial integrity of Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the provisions of resolution 986 (1995), except those contained in
paragraphs 4, 11 and 12, shall remain in force for a new period of 180 days
beginning at 00.01 hours, Eastern Standard Time, on the day after the President of
the Council has informed the members of the Council that he has received the
report of the Secretary-General requested in paragraph 5 below, on which date the
provisions of resolution 1143 (1997), if still in force, shall terminate, except as
regards sums already produced pursuant to that resolution prior to that date;
2. Decides further that the authorization given to States by paragraph 1 of
resolution 986 (1995) shall permit the import of petroleum and petroleum
products originating in Iraq, including financial and other essential transactions
directly relating thereto, sufficient to produce a sum, in the 180-day period
referred to in paragraph 1 above, not exceeding a total of 5.256 billion United
States dollars, of which the amounts recommended by the Secretary-General for
the food/nutrition and health sectors should be allocated on a priority basis, and of
which between 682 million United States dollars and 788 million United States
dollars shall be used for the purpose referred to in paragraph 8 (b) of resolution
986 (1995), except that if less than 5.256 billion United States dollars worth of
petroleum or petroleum products is sold during the 180-day period, particular
attention will be paid to meeting the urgent humanitarian needs in the
food/nutrition and health sectors and the Secretary-General may provide a
proportionately smaller amount for the purpose referred to in paragraph 8 (b) of
resolution 986 (1995);
3. Directs the Committee established by resolution 661 (1990) to authorize, on the
basis of specific requests, reasonable expenses related to the Hajj pilgrimage, to
be met by funds in the escrow account;
4. Requests the Secretary-General to take the actions necessary to ensure the
effective and efficient implementation of this resolution, and in particular to
enhance the United Nations observation process in Iraq in such a way as to
provide the required assurance to the Council of the equitable distribution of the
goods produced in accordance with this resolution and that all supplies authorized
for procurement, including dual-usage items and spare parts, are utilized for the
purpose for which they have been authorized;
5. Requests the Secretary-General to report to the Council when he has entered
into any necessary arrangements or agreements, and approved a distribution plan,
submitted by the Government of Iraq, which includes a description of the goods
to be purchased and effectively guarantees their equitable distribution, in
accordance with his recommendations that the plan should be ongoing and should
reflect the relative priorities of humanitarian supplies as well as their
interrelationships within the context of projects or activities, required delivery
dates, preferred points of entry, and targeted objectives to be achieved;
6. Urges all States, and in particular the Government of Iraq, to provide their full
cooperation in the effective implementation of this resolution;
7. Appeals to all States to cooperate in the timely submission of applications and
the expeditious issue of export licences, facilitating the transit of humanitarian
supplies authorized by the Committee established by resolution 661 (1990), and
taking all other appropriate measures within their competence in order to ensure
that urgently required humanitarian supplies reach the Iraqi people as rapidly as
possible;
8. Stresses the need to ensure respect for the security and safety of all persons
directly involved in the implementation of this resolution in Iraq;
9. Decides to conduct an interim review of the implementation of this resolution
90 days after the entry into force of paragraph 1 above and a thorough review of
all aspects of its implementation prior to the end of the 180-day period, on receipt
of the reports referred to in paragraphs 10 and 14 below, and expresses its
intention, prior to the end of the 180-day period, to consider favorably the
renewal of the provisions of this resolution as appropriate, provided that the
reports referred to in paragraphs 10 and 14 below indicate that those provisions
are being satisfactorily implemented;
10. Requests the Secretary-General to make an interim report to the Council 90
days after the entry into force of paragraph 1 above, and to make a full report
prior to the end of the 180-day period, on the basis of observation by United
Nations personnel in Iraq, and on the basis of consultations with the Government
of Iraq, on whether Iraq has ensured the equitable distribution of medicine, health
supplies, foodstuffs and materials and supplies for essential civilian needs,
financed in accordance with paragraph 8 (a) of resolution 986 (1995), including in
his reports any observations he may have on the adequacy of the revenues to meet
Iraq’s humanitarian needs, and on Iraq’s capacity to export sufficient quantities of
petroleum and petroleum products to produce the sum referred to in paragraph 2
above;
11. Takes note of the Secretary-General’s observation that the situation in the
electricity sector is extremely grave, and of his intention to return to the Council
with proposals for appropriate funding, requests him to submit urgently a report
for this purpose prepared in consultation with the Government of Iraq to the
Council, and further requests him to submit to the Council other studies, drawing
upon United Nations agencies as appropriate and in consultation with the
Government of Iraq, on essential humanitarian needs in Iraq including necessary
improvements to infrastructure;
12. Requests the Secretary-General to establish a group of experts to determine in
consultation with the Government of Iraq whether Iraq is able to export petroleum
or petroleum products sufficient to produce the total sum referred to in paragraph
transportation capacity and necessary monitoring, also requests him in the light of
that report to make early and appropriate recommendations and expresses its
readiness to take a decision, on the basis of these recommendations and the
humanitarian objectives of this resolution, notwithstanding paragraph 3 of
resolution 661 (1990), regarding authorization of the export of the necessary
equipment to enable Iraq to increase the export of petroleum or petroleum
products and to give the appropriate directions to the Committee established by
resolution 661 (1990);
13. Requests the Secretary-General to report to the Council, if Iraq is unable to
export petroleum or petroleum products sufficient to produce the total sum
referred to in paragraph 2 above, and following consultations with relevant United
Nations agencies and the Iraqi authorities, making recommendations for the
expenditure of the sum expected to be available, consistent with the distribution
plan referred to in paragraph 5 above;
14. Requests the Committee established by resolution 661 (1990), in coordination
with the Secretary-General, to report to the Council 90 days after the entry into
force of paragraph 1 above and again prior to the end of the 180-day period on the
implementation of the arrangements in paragraphs 1, 2, 6, 8, 9 and 10 of
resolution 986 (1995);
15. Requests further the Committee established by resolution 661 (1990) to
implement the measures and take action on the steps referred to in its report of 30
January 1998, with regard to the refining and clarifying of its working procedures,
to consider the relevant observations and recommendations referred to in the
report of the Secretary-General of 1 February 1998 in particular with a view to
reducing to the extent possible the delay between the export of petroleum and
petroleum products from Iraq and the supply of goods to Iraq in accordance with
this resolution, to report to the Council by 31 March 1998 and thereafter to
continue to review its procedures whenever necessary;
-----
UNITED
NATIONSS
Security Council
Distr.
GENERAL
S/RES/1154 (1998)
2 March 1998
RESOLUTION 1154 (1998)
Adopted by the Security Council at its 3858th meeting,
on 2 March 1998
The Security Council,
Recalling all its previous relevant resolutions, which constitute the governing
standard of Iraqi compliance,
Determined to ensure immediate and full compliance by Iraq without conditions
or restrictions with its obligations under resolution 687 (1991) and the other
relevant resolutions,
Reaffirming the commitment of all Member States to the sovereignty, territorial
integrity and political independence of Iraq, Kuwait and the neighbouring States,
Acting under Chapter VII of the Charter of the United Nations,
1. Commends the initiative by the Secretary-General to secure commitments from
the Government of Iraq on compliance with its obligations under the relevant
resolutions, and in this regard endorses the memorandum of understanding signed
by the Deputy Prime Minister of Iraq and the Secretary-General on 23 February
2. Requests the Secretary-General to report to the Council as soon as possible
with regard to the finalization of procedures for Presidential sites in consultation
with the Executive Chairman of the United Nations Special Commission and the
Director General of the International Atomic Energy Agency (IAEA);
repeated again in the memorandum of understanding, to accord immediate,
unconditional and unrestricted access to the Special Commission and the IAEA in
conformity with the relevant resolutions is necessary for the implementation of
resolution 687 (1991), but that any violation would have severest consequences
for Iraq;
4. Reaffirms its intention to act in accordance with the relevant provisions of
resolution 687 (1991) on the duration of the prohibitions referred to in that
resolution and notes that by its failure so far to comply with its relevant
obligations Iraq has delayed the moment when the Council can do so;
5. Decides, in accordance with its responsibility under the Charter, to remain
actively seized of the matter, in order to ensure implementation of this resolution,
and to secure peace and security in the area.
-----
UNITED
NATIONSS
Security Council
Distr.
GENERAL
S/1998/166
27 February 1998
ORIGINAL: ENGLISH
LETTER DATED 25 FEBRUARY 1998 FROM THE SECRETARY-GENERAL
ADDRESSED TO THE PRESIDENT OF THE SECURITY COUNCIL
Further to my briefing of the Security Council yesterday regarding my recent
mission to Baghdad, please find attached a copy of the Memorandum of
Understanding which I signed with Mr. Tariq Aziz, Deputy Prime Minister of
Iraq. Although the text of the Memorandum was made available informally to the
members of the Council prior to the briefing, I should appreciate it if it could now
be formally brought to their attention.
(Signed) Kofi A. ANNAN
Memorandum of Understanding between the United Nations and the Republic of
Iraq
1. The Government of Iraq reconfirms its acceptance of all relevant resolutions of
the Security Council, including resolutions 687 (1991) and 715 (1991). The
Government of Iraq further reiterates its undertaking to cooperate fully with the
United Nations Special Commission (UNSCOM) and the International Atomic
Energy Agency (IAEA).
2. The United Nations reiterates the commitment of all Member States to respect
the sovereignty and territorial integrity of Iraq.
3. The Government of Iraq undertakes to accord to UNSCOM and IAEA
immediate, unconditional and unrestricted access in conformity with the
resolutions referred to in paragraph 1. In the performance of its mandate under
the Security Council resolutions, UNSCOM undertakes to respect the legitimate
concerns of Iraq relating to national security, sovereignty and dignity.
4. The United Nations and the Government of Iraq agree that the following
special procedures shall apply to the initial and subsequent entries for the
performance of the tasks mandated at the eight Presidential Sites in Iraq as
defined in the annex to the present Memorandum:
(a) A Special Group shall be established for this purpose by the Secretary-General
in consultation with the Executive Chairman of UNSCOM and the Director
General of IAEA. This Group shall comprise senior diplomats appointed by the
Secretary-General and experts drawn from UNSCOM and IAEA. The Group
shall be headed by a Commissioner appointed by the Secretary-General.
(b) In carrying out its work, the Special Group shall operate under the established
procedures of UNSCOM and IAEA, and specific detailed procedures which will
be developed given the special nature of the Presidential Sites, in accordance with
the relevant resolutions of the Security Council.
(c) The report of the Special Group on its activities and findings shall be
submitted by the Executive Chairman of UNSCOM to the Security Council
through the Secretary-General.
5. The United Nations and the Government of Iraq further agree that all other
areas, facilities, equipment, records and means of transportation shall be subject
to UNSCOM procedures hitherto established.
6. Noting the progress achieved by UNSCOM in various disarmament areas, and
the need to intensify efforts in order to complete its mandate, the United Nations
and the Government of Iraq agree to improve cooperation, and efficiency,
effectiveness and transparency of work, so as to enable UNSCOM to report to the
Council expeditiously under paragraph 22 of resolution 687 (1991). To achieve
this goal, the Government of Iraq and UNSCOM will implement the
recommendations directed at them as contained in the report of the emergency
session of UNSCOM held on 21 November 1997.
7. The lifting of sanctions is obviously of paramount importance to the people and
Government of Iraq and the Secretary-General undertook to bring this matter to
the full attention of the members of the Security Council.
Signed this 23rd day of February 1998 in Baghdad in two originals in English.
For the United Nations For the Republic of Iraq
Kofi A. Annan Tariq Aziz
Secretary-General Deputy Prime Minister
Annex
to the Memorandum of Understanding
between the United Nations and the Republic of Iraq
of 23 February 1998
The eight Presidential Sites subject to the regime agreed upon in the present
Memorandum of Understanding are the following:
The perimeter of the area of each site is recorded in the survey of the
“Presidential sites” in Iraq implemented by the United Nations Technical Mission
designated by the Secretary-General, as attached to the letter dated 21 February
-----
UNITED
NATIONSS
Security Council
Distr.
GENERAL
S/1998/166/Add.1
27 February 1998
ORIGINAL: ENGLISH
LETTER DATED 25 FEBRUARY 1998 FROM THE SECRETARY-GENERAL
ADDRESSED TO THE PRESIDENT OF THE SECURITY COUNCIL
Addendum
Letter dated 27 February 1998 from the Secretary-General
addressed to the President of the Security Council
Attached please find the report of the United Nations Technical Mission which I
dispatched to Iraq to survey the “presidential sites” (annex I), along with a copy
of my letter of 21 February 1998 addressed to the Deputy Prime Minister of Iraq
(annex II).
I would appreciate it if the report and the letter could be brought to the attention
of the members of the Security Council as an addendum to the document
containing the Memorandum of Understanding signed on 23 February 1998 in
Baghdad by the United Nations and the Republic of Iraq (S/1998/166).
As the materials referred to in the conclusions of the report of the Technical
Mission are voluminous, the Secretariat is, therefore, making them available for
consultation by delegations in the Executive Office of the Secretary-General.
They will be available in the Map Room on the 38th floor between 2 and 5.30
p.m. from Monday to Friday. (Any enquiries in this regard may be addressed to
Mr. Vladimir Grachev, ext. 3-3793.)
(Signed) Kofi A. ANNAN
Annex I
20 February 1998
Report of the United Nations Technical Mission to Iraq
I. GENERAL COMMENTS
1. The United Nations Technical Mission was guided by the enclosed terms of
reference provided by the Executive Office of the Secretary-General.
Peter Fodor (Austria), surveyor/engineer, and Wolfgang Eichel (Austria),
surveyor.
3. Upon arrival, after meeting with the Government of Iraq, the team was joined
by two additional full-fledged members: Jaakko Ylitalo, Deputy Director, United
Nations Special Commission (UNSCOM), and Gerard Essertel, specialist in photo
analysis (UNSCOM).
4. At the same meeting, the team asked and obtained from the Government of Iraq
that:
(a) It would have access to the Government of Iraq’s relevant maps and have the
Government of Iraq clearly define the perimeters for each “presidential site”
defined and identified as such by the Government;
(b) It could use helicopters to overfly any presidential site as required by the
team;
(c) It could take aerial and ground photographs of each site and each building as
wished by the team.
5. The team concluded its physical surveys at 2.30 p.m. on 18 February 1998 and
worked daily from 6.30 a.m. to 11.00 p.m.
II. IMPLEMENTATION OF THE TERMS OF REFERENCE
6. The timetable available to the Mission was extremely short for such distant and
different sites. The Mission was able to accomplish the following tasks listed in
the second paragraph of its terms of reference:
(a) Definition on large-scale maps of the perimeter of all eight presidential sites as
identified by the Government of Iraq;
(b) Determination of the approximate number, size, character and purpose of
structures existing within each site.
7. For purely time-related reasons, the Mission was unable to elaborate on the
maps the exact location of the buildings within each site since it gave priority to
tasks (a) and (b) and also because some main buildings were already identified on
the original maps.
8. On the other hand, the Mission went beyond its terms of reference by actually
physically visiting as many buildings as it wished within its time limits. It should
also be noted that the Mission covered by aerial and ground photographs the sites
in a much more comprehensive way than originally expected.
9. The survey covered the following presidential sites, identified as such by the
Government of Iraq:
10. Sites 1, 2, 3, 4, 5 and 6 were extensively overflown by helicopter and then
visited on the ground, perimeters were defined, both aerial photographs and
ground photographs were taken and buildings were visited internally.
11. The same procedure applied for sites 7 and 8, except that they were not
overflown, for two reasons: (a) the use of helicopters in the extreme north or
south was considered by the United Nations side unnecessary in view of the
current tense international environment; and (b) because of their size and location,
ground photographs could be sufficient.
12. During their physical ground surveys the team did not identify large office
buildings or barracks, with the exception of the Republican Palace Presidential
Site, where they found office buildings for the presidential staff involved in
running the daily work of the Government. In addition, within the Republican
Palace Presidential Site, the team did identify a headquarters building for the
Presidential Battalion and a nearby helicopter pad with two medium-size
helicopter sheds. On 20 February 1998, the team asked to visit these facilities and
did so on the same morning. Apart from the above, the team noted in all other
presidential sites several sentry towers and/or guard rooms, but no military
barracks as such.
13. All eight “presidential sites” visited appeared to be well defined by high walls
or fences. They all had a rather similar landscape pattern: main guesthouses,
with an integrated system of ancillary buildings and villas for accompanying
dignitaries. Often an artificial lake with small artificial decorative islands located
in a way to give access to the lake from each guesthouse.
14. The total area surveyed amounts to about 31.5 square kilometres. The largest
presidential site, the Radwaniyah, totalled around 17.8 square kilometres and the
smallest 0.8 square kilometres. The area covered by artificial lakes is estimated
to add up to approximately 10.2 square kilometres.
15. The team experienced undisturbed access to all buildings they wished to
survey and unrestricted authorization to take photographs.
16. At the specific request of the Government of Iraq, the United Nations team
also surveyed internally and externally, while localizing it by global positioning
system (GPS) coordinates, a specific building called Al Hyatt located within the
Presidential Republican Palace Site. This building, which apparently in
September 1997 had been a cause of contention between the Government of Iraq
and UNSCOM, was photographed internally and visited extensively by the team.
17. The following senior officials of the Government of Iraq were available at
hand for any questions or enquiries raised by the team: the Minister for Oil,
Lt.-Gen. Amir Muhammad Rachid; the Deputy Foreign Minister, Dr. Raid Al
Qaysi; the Director-General of Engineering of Presidential sites, Mr. Hussain
Khadduia; the Director-General of the National Monitoring Governorate, Enecal
Hassian Amin; and the Special Personal Secretary of the President of Iraq, Dr.
Abid Mohammed.
III. PRACTICAL ARRANGEMENTS
18. The team was assisted by the United Nations Iraq-Kuwait Observation
Mission (UNIKOM) in its external travel arrangements.
19. The team in Iraq received full-time assistance both from UNSCOM and the
United Nations Office of the Humanitarian Coordinator for Iraq in terms of office
personnel, logistical, communication and transport support.
20. For the actual identification of the coordinates of each perimeter, the team
used two hand-held GPS sets (Garrin 45x) provided by UNSCOM.
21. The photographs were taken by the UNSCOM photo specialist, Gerald
Essertel, using a Nikon F806 camera with films specially designed for both aerial
and ground photographs. In total, 523 photographs were taken.
22. Both Government of Iraq and UNSCOM helicopters were used as necessary
and ground transportation was arranged by the Government of Iraq, UNSCOM
and the United Nations Office of the Humanitarian Coordinator for Iraq.
IV. CONCLUSIONS
presidential site:
(a) A global positioning system (GPS)-identified perimeter based on Government
of Iraq indications. This perimeter is marked on the original map provided by the
Executive Office of the Secretary-General to the Mission;
(b) An outline of the actual area identified as the presidential site by the
Government of Iraq, with its relevant GPS points and the calculation of its total
size in square metres;
(c) A list of GPS coordinates for each presidential site;
(d) Two additional scale maps of each site;
(e) A list of buildings estimated to be in each presidential site and a description of
their approximate number, nature and utilization;
(f) A complete set of photographs taken by air and by ground for each presidential
site.
24. The members of the United Nations Technical Mission wish to express their
appreciation to the Secretary-General for having entrusted them with this delicate
technical mission.
(Signed) Staffan de MISTURA
Team Coordinator
Notes
1 There are three separate and complementary maps for the Radwaniyah
Presidential Site in view of its complex shape and size.
2 The average maximum size of the main buildings listed as presidential
guesthouses could be estimated as follows: large presidential guesthouse: 6,000
m2 (2/3 floors), medium presidential guesthouse: 1,500 m2 (2 floors) and small2
presidential guesthouse: 600 m (1 floor), whereas the Presidential Republican
Palace located in the Presidential Republican Site has the following approximate
size: 33,000 m2 (3/4 floors).
Annex II
Letter dated 21 February 1998 from the Secretary-General
addressed to the Deputy Prime Minister of Iraq
I have the honour to share with you the end result of the survey of the
“presidential sites” in Iraq implemented by the United Nations Technical Mission
designated by me.
(Signed) Kofi A. ANNAN
UNITED
NATIONSS
Security Council
Distr.
GENERAL
S/1998/208
9 March 1998
ORIGINAL: ENGLISH
LETTER DATED 9 MARCH 1998 FROM THE SECRETARY-GENERAL
ADDRESSED TO THE PRESIDENT OF THE SECURITY COUNCIL
I have the honour to refer to Security Council resolution 1154 (1998) of 2
March 1998, by which the Council endorsed (in para. 1) the Memorandum of
Understanding which I signed with the Deputy Prime Minister of Iraq in Baghdad
on 23 February 1998 (S/1998/166) and requested me (in para. 2) to report to the
Council as soon as possible with regard to the finalization of procedures for
presidential sites in consultation with the Executive Chairman of the United
Nations Special Commission (UNSCOM) and the Director General of the
International Atomic Energy Agency (IAEA).
The specific detailed procedures have now been established in accordance
with paragraph 4 (b) of the Memorandum of Understanding and are transmitted
herewith. I should appreciate it if you would bring the above to the attention of
the members of the Council.
(Signed) Kofi A. ANNAN
Annex
Procedures under paragraph 4 (b) of the Memorandum
of Understanding between the United Nations and the
Republic of Iraq of 23 February 1998
Introduction
1. On 23 February 1998, a Memorandum of Understanding was signed between
the United Nations and the Republic of Iraq. In the Memorandum, the
Government of Iraq, inter alia, reconfirmed its acceptance of all relevant
resolutions of the Security Council, including resolutions 687 (1991) and 715
(1991). The Government of Iraq further reiterated its undertaking to cooperate
fully with the United Nations Special Commission (UNSCOM) and the
International Atomic Energy Agency (IAEA). The Government of Iraq also
undertook to accord to UNSCOM and IAEA immediate, unconditional and
unrestricted access in conformity with all relevant resolutions.
2. For its part, the United Nations reiterated the commitment of all Member States
to respect the sovereignty and territorial integrity of Iraq. In the performance of
its mandate under the Security Council resolutions, UNSCOM undertook to
respect Iraq’s legitimate concerns relating to national security, sovereignty and
dignity.
3. The Memorandum of Understanding contains specific provisions with respect
to the eight presidential sites in Iraq. Special procedures shall apply to the initial
and subsequent entries into those sites for the performance of mandated tasks. A
Special Group shall be established by the Secretary-General of the United Nations
in consultation with the Executive Chairman of UNSCOM and the Director
General of IAEA. The Special Group shall comprise senior diplomats appointed
by the Secretary-General and experts drawn from UNSCOM and IAEA. The
Special Group shall be headed by a Commissioner appointed by the
Secretary-General.
4. In carrying out its work, the Special Group shall, according to the
Memorandum of Understanding, operate under the established procedures of
UNSCOM and IAEA together with specific detailed procedures given the special
nature of the presidential sites, in accordance with the relevant resolutions of the
Security Council.
5. The present text constitutes those specific detailed procedures. They are drawn
up by the Secretary-General under the authority of the Memorandum of
Understanding.
Composition of the Special Group
6. The Special Group shall comprise senior diplomats, in the capacity of
observers, appointed by the Secretary-General of the United Nations and experts
drawn from UNSCOM and IAEA in the number deemed appropriate by the
Executive Chairman of UNSCOM and the Director General of IAEA.
Teams of the Special Group
need to carry out mandated tasks at a presidential site, a team shall be constituted
from the Special Group.
8. The expert members of the team shall be designated by the Executive
Chairman of UNSCOM and/or the Director General of IAEA having regard to the
nature of the tasks to be performed. The Commissioner shall designate the senior
diplomatic representatives from among those appointed by the Secretary-General,
in no case less than two, to accompany the team.
9. The Executive Chairman of UNSCOM and/or the Director General of IAEA
shall designate the Head of the team.
if the Head of the team so decides.
Functions of senior diplomats
(a) To observe that the provisions of the Memorandum of Understanding and the
present specific detailed procedures are being implemented in good faith;
(b) To report on any matter they deem appropriate to the functions of the
diplomatic observers, in accordance with paragraphs 19 and 20 below.
Functions of UNSCOM/IAEA experts
12. The functions of the experts drawn from UNSCOM and IAEA who participate
in any team constituted from the Special Group shall be as already established
under their respective procedures.
Determination of the need for entry into a presidential site
13. The Executive Chairman of UNSCOM and/or the Director General of IAEA
shall determine the need, in each instance, for the performance of mandated tasks
within a presidential site.
Determination of the time and date for entry into a presidential site
14. The Executive Chairman of UNSCOM and/or the Director General of IAEA
shall determine the date and time for entry and shall so advise the Commissioner.
15. At a time determined by the Executive Chairman of UNSCOM and/or the
Director General of IAEA, the Government of Iraq shall receive a notification
from the Commissioner, or his designee, of the intention to undertake mandated
tasks within a presidential site. This notification shall indicate the number of
persons comprising the team who will participate, including the number of
diplomatic representatives accompanying the team.
The rights of the Special Group
16. The rights of the Special Group and its teams in the conduct of their work
shall be those provided for in the relevant resolutions of the Security Council; in
the exchange of letters of May 1991 between the Secretary-General of the United
Nations and the Minister for Foreign Affairs of Iraq regarding the status,
privileges and immunities of the Special Commission, applicable mutatis
mutandis to IAEA; and in the plans for ongoing monitoring and verification
approved under Security Council resolution 715 (1991).
Special considerations
17. Upon entry into a presidential site, the team shall conduct itself in a manner
consonant with the nature of the site. It shall take into consideration any
observations the Iraqi representative may wish to make regarding entry into a
particular structure and then decide upon the appropriate course of action. This
shall not, however, impede the ability of the team to fulfil its tasks as mandated
under the relevant Security Council resolutions.
Reporting
18. The report called for under paragraph 4 (c) of the Memorandum of
Understanding, prepared by the Commissioner appointed by the
Secretary-General, shall be submitted by the Executive Chairman of UNSCOM to
the Security Council through the Secretary-General.
19. The senior diplomats may report directly to the Commissioner on any matter
relevant to their functions.
20. The Commissioner will discuss with the Executive Chairman of UNSCOM
and/or the Director General of IAEA any observations made by the senior
diplomats, including any matters arising from such observations that should be
conveyed to the competent Iraqi authorities. If he deems it necessary, the
Commissioner may also report any matter arising out of the work of the senior
diplomats to the Secretary-General and advise the Executive Chairman of
UNSCOM and the Director General of IAEA accordingly.
Revisions
21. These specific detailed procedures may be revised from time to time in the
light of experience in their implementation.
Notes
1 Mandated tasks under the Security Council resolutions include those in section
C of Security Council resolution 687 (1991); paragraph 3 of Security Council
resolution 707 (1991); the plans for ongoing monitoring and verification approved
by the Security Council in resolution 715 (1991); and the export/import regime
approved by the Security Council in its resolution 1051 (1996).
-----
UNITED
NATIONSS
Security Council
Distr.
GENERAL
S/RES/1158 (1998)
25 March 1998
RESOLUTION 1158 (1998)
Adopted by the Security Council at its 3865th meeting,
on 25 March 1998
The Security Council,
Recalling its previous resolutions and, in particular, its resolutions 986 (1995) of
Welcoming the report submitted on 4 March 1998 (S/1998/194 and Corr.1) by the
Secretary-General in accordance with paragraph 4 of resolution 1143 (1997) and
noting with appreciation, as mentioned in this report, the commitment expressed
by the Iraqi Government to cooperate with the Secretary-General in the
implementation of resolution 1153 (1998),
Concerned about the resulting humanitarian consequences for the Iraqi people of
the shortfall in the revenue from the sale of petroleum and petroleum products
during the first 90-day period of implementation of resolution 1143 (1997), due to
the delayed resumption in the sale of petroleum by Iraq and a serious price drop
since the adoption of resolution 1143 (1997),
Determined to avoid any further deterioration of the current humanitarian
situation,
Reaffirming the commitment of all Member States to the sovereignty and
territorial integrity of Iraq,
Acting under Chapter VII of the Charter of the United Nations,
subject to the provisions of resolution 1153 (1998), except that States are
authorized to permit the import of petroleum and petroleum products originating
in Iraq, including financial and other essential transactions
directly relating thereto, sufficient to produce a sum not exceeding a total of 1.4
billion United States dollars within the period of 90 days from 00.01, Eastern
Standard Time, on 5 March 1998;
UNITED NATIONS
Security Council
Distr.
GENERAL
S/RES/1175 (1998)
19 June 1998
RESOLUTION 1175 (1998)
Adopted by the Security Council at its 3893rd meeting,
on 19 June 1998
The Security Council,
Recalling its previous relevant resolutions and in particular its
resolutions 986 (1995) of 14 April 1995, 1111 (1997) of 4 June 1997, 1129
(1997)
of 12 September 1997, 1143 (1997) of 4 December 1997, 1153 (1998) of
Welcoming the letter of the Secretary-General of 15 April 1998 (S/1998/330)
annexing the summary of the report of the group of experts established pursuant
to paragraph 12 of resolution 1153 (1998) and noting the assessment that under
existing circumstances Iraq is unable to export petroleum or petroleum products
sufficient to produce the total sum of 5.256 billion United States dollars
referred to in resolution 1153 (1998),
Welcoming the letter of the Secretary-General of 29 May 1998 (S/1998/446)
expressing his approval of the distribution plan submitted by the Government of
Iraq, Convinced of the need to continue the programme authorized by resolution
1153 (1998) as a temporary measure to provide for the humanitarian needs of the
Iraqi people until fulfilment by the Government of Iraq of the relevant
resolutions, including notably resolution 687 (1991) of 3 April 1991, allows the
Council to take further action with regard to the prohibitions referred to in
resolution 661 (1990) of 6 August 1990 in accordance with the provisions of
those resolutions,
Reaffirming its endorsement, in paragraph 5 of resolution 1153 (1998), of the
recommendations of the Secretary-General in his report of 1 February 1998
(S/1998/90) concerning an improved, ongoing and project-based distribution plan,
Reaffirming also the commitment of all Member States to the sovereignty and
territorial integrity of Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Authorizes States, subject to the provisions of paragraph 2 below, to
permit, notwithstanding the provisions of paragraph 3 (c) of resolution
Iraq to increase the export of petroleum and petroleum products, in quantities
sufficient to produce the sum established in paragraph 2 of resolution
2. Requests the Committee established by resolution 661 (1990), or a
panel of experts appointed by that Committee for this purpose, to approve
contracts for the parts and equipment referred to in paragraph 1 above according
to lists of parts and equipment approved by that Committee for each individual
project;
3. Decides that the funds in the escrow account produced pursuant to
resolution 1153 (1998) up to a total of 300 million United States dollars may be
used to meet any reasonable expenses, other than expenses payable in Iraq, which
follow directly from contracts approved in accordance with paragraph 2 above;
until the necessary funds are paid into the escrow account, and following
approval of each contract, be financed by letters of credit drawn against future
oil sales, the proceeds of which are to be deposited in the escrow account;
5. Notes that the distribution plan approved by the Secretary-General on
29 May 1998, or any new distribution plan agreed by the Government of Iraq and
the Secretary-General, will remain in effect, as required, for each subsequent
periodic renewal of the temporary humanitarian arrangements for Iraq and that,
for this purpose, the plan will be kept under constant review and amended as
necessary through the agreement of the Secretary-General and the Government of
Iraq and in a manner consistent with resolution 1153 (1998);
6. Expresses its gratitude to the Secretary-General for making available
to the Committee established by resolution 661 (1990) a comprehensive review,
with comments by the group of experts established pursuant to paragraph 12 of
resolution 1153 (1998), of the list of parts and equipment presented by the
Government of Iraq, and requests the Secretary-General, in accordance with the
intention expressed in his letter of 15 April 1998, to provide for the
monitoring of the parts and equipment inside Iraq;
––-
UNITED NATIONS
Security Council
Distr.
GENERAL
S/RES/1194 (1998)
9 September 1998
RESOLUTION 1194 (1998)
Adopted by the Security Council at its 3924th meeting,
on 9 September 1998
The Security Council,
Recalling all its previous relevant resolutions, and in particular its
resolutions 687 (1991) of 3 April 1991, 707 (1991) of 15 August 1991, 715
(1991)of 11 October 1991, 1060 (1996) of 12 June 1996, 1115 (1997) of 21 June
Noting the announcement by Iraq on 5 August 1998 that it had decided to
suspend cooperation with the United Nations Special Commission and the
International Atomic Energy Agency (IAEA) on all disarmament activities and
restrict ongoing monitoring and verification activities at declared sites, and/or
actions implementing the above decision,
Stressing that the necessary conditions do not exist for the modification
of the measures referred to in section F of resolution 687 (1991),
Recalling the letter from the Executive Chairman of the Special Commission
to the President of the Security Council of 12 August 1998 (S/1998/767), which
reported to the Council that Iraq had halted all disarmament activities of the
Special Commission and placed limitations on the rights of the Commission to
conduct its monitoring operations,
Recalling also the letter from the Director General of the IAEA to the
President of the Security Council of 11 August 1998 (S/1998/766) which reported
the refusal by Iraq to cooperate in any activity involving investigation of its
clandestine nuclear programme and other restrictions of access placed by Iraq on
the ongoing monitoring and verification programme of the IAEA,
Noting the letters of 18 August 1998 from the President of the Security
Council to the Executive Chairman of the Special Commission and the Director
General of the IAEA (S/1998/769, S/1998/768), which expressed the full support
of the Security Council for those organizations in the implementation of the
full range of their mandated activities, including inspections,98-26365 (E)
Recalling the Memorandum of Understanding signed by the Deputy Prime
Minister of Iraq and the Secretary-General on 23 February 1998 (S/1998/166), in
which Iraq reiterated its undertaking to cooperate fully with the Special
Commission and the IAEA,
Noting that the announcement by Iraq of 5 August 1998 followed a period of
increased cooperation and some tangible progress achieved since the signing of
the Memorandum of Understanding,
Reiterating its intention to respond favourably to future progress made in
the disarmament process and reaffirming its commitment to comprehensive
implementation of its resolutions, in particular resolution 687 (1991),
Determined to ensure full compliance by Iraq with its obligations under all
previous resolutions, in particular resolutions 687 (1991), 707 (1991),
unconditional and unrestricted access to the Special Commission and the IAEA to
all sites which they wish to inspect, and to provide the Special Commission and
the IAEA with all the cooperation necessary for them to fulfil their mandates
under those resolutions,
Stressing the unacceptability of any attempts by Iraq to deny access to any
sites or to refuse to provide the necessary cooperation,
Expressing its readiness to consider, in a comprehensive review, Iraq’s
compliance with its obligations under all relevant resolutions once Iraq has
rescinded its above-mentioned decision and demonstrated that it is prepared to
fulfil all its obligations, including, in particular on disarmament issues, by
resuming full cooperation with the Special Commission and the IAEA consistent
with the Memorandum of Understanding, as endorsed by the Council in
resolution
1154 (1998), and to that end welcoming the proposal of the Secretary-General for
such a comprehensive review and inviting the Secretary-General to provide his
views in that regard,
Reiterating the commitment of all Member States to the sovereignty,
territorial integrity and political independence of Kuwait and Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Condemns the decision by Iraq of 5 August 1998 to suspend cooperation
with the Special Commission and the IAEA, which constitutes a totally
unacceptable contravention of its obligations under resolutions 687 (1991),
707 (1991), 715 (1991), 1060 (1996), 1115 (1997) and 1154 (1998), and the
Memorandum of Understanding signed by the Deputy Prime Minister of Iraq and
the Secretary-General on 23 February 1998;
2. Demands that Iraq rescind its above-mentioned decision and cooperate
fully with the Special Commission and the IAEA in accordance with its
obligations under the relevant resolutions and the Memorandum of Understanding
as well as resume dialogue with the Special Commission and the IAEA
immediately;
for in paragraphs 21 and 28 of resolution 687 (1991), and not to conduct any
further such reviews until Iraq rescinds its above-mentioned decision of
5 August 1998 and the Special Commission and the IAEA report to the Council
that they are satisfied that they have been able to exercise the full range of
activities provided for in their mandates, including inspections;
4. Reaffirms its full support for the Special Commission and the IAEA in
their efforts to ensure the implementation of their mandates under the relevant
resolutions of the Council;
5. Reaffirms its full support for the Secretary-General in his efforts to
urge Iraq to rescind its above-mentioned decision;
6. Reaffirms its intention to act in accordance with the relevant
provisions of resolution 687 (1991) on the duration of the prohibitions referred
to in that resolution and notes that by its failure so far to comply with its
relevant obligations Iraq has delayed the moment when the Council can do so;
––-
UNITED NATIONS
Security Council
Distr.
GENERAL
S/RES/1205 (1998)
5 November 1998
RESOLUTION 1205 (1998)
Adopted by the Security Council at its 3939th meeting,
on 5 November 1998
The Security Council,
Recalling all its previous relevant resolutions on the situation in Iraq,
in particular its resolution 1154 (1998) of 2 March 1998 and 1194 (1998) of
Noting with alarm the decision of Iraq on 31 October 1998 to cease
cooperation with the United Nations Special Commission, and its continued
restrictions on the work of the International Atomic Energy Agency (IAEA),
Noting the letters from the Deputy Executive Chairman of the Special
Commission of 31 October 1998 (S/1998/1023) and from the Executive Chairman
of the Special Commission of 2 November 1998 (S/1998/1032) to the President of
the Security Council, which reported to the Council the decision by Iraq and
described the implications of that decision for the work of the Special
Commission, and noting also the letter from the Director General of the IAEA of
3 November 1998 (S/1998/1033, annex) which described the implications of the
decision for the work of the IAEA,
Determined to ensure immediate and full compliance by Iraq without
conditions or restrictions with its obligations under resolution 687 (1991) of
Recalling that the effective operation of the Special Commission and the
IAEA is essential for the implementation of resolution 687 (1991),
Reaffirming its readiness to consider, in a comprehensive review, Iraq’s
compliance with its obligations under all relevant resolutions once Iraq has
rescinded its above-mentioned decision and its decision of 5 August 1998 and
demonstrated that it is prepared to fulfil all its obligations, including in
particular on disarmament issues, by resuming full cooperation with the Special
Commission and the IAEA consistent with the Memorandum of Understanding
signed 98-33914 (E) by the Deputy Prime Minister of Iraq and the Secretary-
General on 23 February 1998 (S/1998/166), endorsed by the Council in resolution
Reiterating the commitment of all Member States to the sovereignty,
territorial integrity and political independence of Kuwait and Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Condemns the decision by Iraq of 31 October 1998 to cease cooperation
with the Special Commission as a flagrant violation of resolution 687 (1991) and
other relevant resolutions;
2. Demands that Iraq rescind immediately and unconditionally the decision
of 31 October 1998, as well as the decision of 5 August 1998, to suspend
cooperation with the Special Commission and to maintain restrictions on the work
of the IAEA, and that Iraq provide immediate, complete and unconditional
cooperation with the Special Commission and the IAEA;
3. Reaffirms its full support for the Special Commission and the IAEA in
their efforts to ensure the implementation of their mandates under the relevant
resolutions of the Council;
4. Expresses its full support for the Secretary-General in his efforts to
seek full implementation of the Memorandum of Understanding of 23 February
5. Reaffirms its intention to act in accordance with the relevant
provisions of resolution 687 (1991) on the duration of the prohibitions referred
to in that resolution, and notes that by its failure so far to comply with its
relevant obligations Iraq has delayed the moment when the Council can do so;
6. Decides, in accordance with its primary responsibility under the
Charter for the maintenance of international peace and security, to remain
actively seized of the matter.
––-
UNITED NATIONS
Security Council
Distr.
GENERAL
S/RES/1210 (1998)
24 November 1998
RESOLUTION 1210 (1998)
Adopted by the Security Council at its 3946th meeting,
on 24 November 1998
The Security Council,
Recalling its previous relevant resolutions and in particular its
resolutions 986 (1995) of 14 April 1995, 1111 (1997) of 4 June 1997, 1129
(1997)
of 12 September 1997, 1143 (1997) of 4 December 1997, 1153 (1998) of
Convinced of the need as a temporary measure to continue to provide for the
humanitarian needs of the Iraqi people until the fulfilment by the Government of
Iraq of the relevant resolutions, including notably resolution 687 (1991) of
3 April 1991, allows the Council to take further action with regard to the
prohibitions referred to in resolution 661 (1990) of 6 August 1990, in
accordance with the provisions of those resolutions,
Convinced also of the need for equitable distribution of humanitarian
supplies to all segments of the Iraqi population throughout the country,
Welcoming the positive impact of the relevant resolutions on the
humanitarian situation in Iraq as described in the report of the Secretary-
General dated 19 November 1998 (S/1998/1100),
Determined to improve the humanitarian situation in Iraq,
Reaffirming the commitment of all Member States to the sovereignty and
territorial integrity of Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the provisions of resolution 986 (1995), except those
contained in paragraphs 4, 11 and 12, shall remain in force for a new period of
180 days beginning at 00.01 hours, Eastern Standard Time, on 26 November
2. Further decides that paragraph 2 of resolution 1153 (1998) shall remain in force
and shall apply to the 180-day period referred to in paragraph 1 above;
3. Directs the Committee established by resolution 661 (1990) to authorize, on the
basis of specific requests, reasonable expenses related to the Hajj pilgrimage, to
be met by funds in the escrow account;
4. Requests the Secretary-General to continue to take the actions
necessary to ensure the effective and efficient implementation of this
resolution, and to review, by 31 December 1998, the various options to resolve
the difficulties encountered in the financial process, referred to in the
Secretary-General’s report of 19 November 1998 (S/1998/1100), and to continue
to enhance as necessary the United Nations observation process in Iraq in such a
way as to provide the required assurance to the Council that the goods produced
in accordance with this resolution are distributed equitably and that all
supplies authorized for procurement, including dual usage items and spare parts,
are utilized for the purpose for which they have been authorized;
5. Further decides to conduct a thorough review of all aspects of the
implementation of this resolution 90 days after the entry into force of
paragraph 1 above and again prior to the end of the 180-day period, on receipt
of the reports referred to in paragraphs 6 and 10 below, and expresses its
intention, prior to the end of the 180-day period, to consider favourably
renewal of the provisions of this resolution as appropriate, provided that the
said reports indicate that those provisions are being satisfactorily
implemented;
6. Requests the Secretary-General to report to the Council 90 days after
the date of entry into force of paragraph 1 above, and again prior to the end of
the 180-day period, on the basis of observations of United Nations personnel in
Iraq, and of consultations with the Government of Iraq, on whether Iraq has
ensured the equitable distribution of medicine, health supplies, foodstuffs, and
materials and supplies for essential civilian needs, financed in accordance with
paragraph 8 (a) of resolution 986 (1995), including in his reports any
observations which he may have on the adequacy of the revenues to meet Iraq’s
humanitarian needs, and on Iraq’s capacity to export sufficient quantities of
petroleum and petroleum products to produce the sum referred to in paragraph 2
of resolution 1153 (1998);
7. Requests the Secretary-General to report to the Council if Iraq is
unable to export petroleum and petroleum products sufficient to produce the
total sum provided for in paragraph 2 above and, following consultations with
relevant United Nations agencies and the Iraqi authorities, make
recommendations
for the expenditure of the sum expected to be available, consistent with the
priorities established in paragraph 2 of resolution 1153 (1998) and with the
distribution plan referred to in paragraph 5 of resolution 1175 (1998);
8. Decides that paragraphs 1, 2, 3 and 4 of resolution 1175 (1998) shall
remain in force and shall apply to the new 180-day period referred to in
paragraph 1 above;
Iraq, to submit to the Council, by 31 December 1998, a detailed list of parts
and equipment necessary for the purpose described in paragraph 1 of resolution
10. Requests the Committee established by resolution 661 (1990), in close
coordination with the Secretary-General, to report to the Council 90 days after
the entry into force of paragraph 1 above and again prior to the end of the
11. Urges all States, and in particular the Government of Iraq, to provide
their full cooperation in the effective implementation of this resolution;
12. Appeals to all States to continue to cooperate in the timely
submission of applications and the expeditious issue of export licences,
facilitating the transit of humanitarian supplies authorized by the Committee
established by resolution 661 (1990), and to take all other appropriate measures
within their competence in order to ensure that urgently required humanitarian
supplies reach the Iraqi people as rapidly as possible;
13. Stresses the need to continue to ensure respect for the security and
safety of all persons directly involved in the implementation of this resolution
in Iraq;
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UNITED NATIONS
Security Council
Distr.
GENERAL
S/RES/1242 (1999)
21 May 1999
RESOLUTION 1242 (1999)
Adopted by the Security Council at its 4008th meeting,
on 21 May 1999
The Security Council,
Recalling its previous relevant resolutions and in particular its
resolutions 986 (1995) of 14 April 1995, 1111 (1997) of 4 June 1997, 1129
(1997)
of 12 September 1997, 1143 (1997) of 4 December 1997, 1153 (1998) of
20 February 1998, 1175 (1998) of 19 June 1998 and 1210 (1998) of
Convinced of the need as a temporary measure to continue to provide for the
humanitarian needs of the Iraqi people until the fulfilment by the Government of
Iraq of the relevant resolutions, including notably resolution 687 (1991) of
3 April 1991, allows the Council to take further action with regard to the
prohibitions referred to in resolution 661 (1990) of 6 August 1990, in
accordance with the provisions of those resolutions,
Convinced also of the need for equitable distribution of humanitarian
supplies to all segments of the Iraqi population throughout the country,
Determined to improve the humanitarian situation in Iraq,
Reaffirming the commitment of all Member States to the sovereignty and
territorial integrity of Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the provisions of resolution 986 (1995), except those
contained in paragraphs 4, 11 and 12, shall remain in force for a new period of
2. Further decides that paragraph 2 of resolution 1153 (1998) shall
remain in force and shall apply to the 180-day period referred to in paragraph 1
above;
3. Requests the Secretary-General to continue to take the actions
necessary to ensure the effective and efficient implementation of this
resolution, and to continue to enhance as necessary the United Nations
observation process in Iraq in such a way as to provide the required assurance
to the Council that the goods produced in accordance with this resolution are
distributed equitably and that all supplies authorized for procurement,
including dual usage items and spare parts, are utilized for the purpose for
which they have been authorized;
4. Takes note that the Committee established by resolution 661 (1990) is
reviewing various options, in particular the proposal made by the Secretary-
General, as requested by paragraph 4 of resolution 1210 (1998), to resolve the
difficulties encountered in the financial process referred to in the Secretary-
General’s report of 19 November 1998 (S/1998/1100);
5. Further decides to conduct a thorough review of all aspects of the
implementation of this resolution 90 days after the entry into force of
paragraph 1 above and again prior to the end of the 180-day period, on receipt
of the reports referred to in paragraphs 6 and 10 below, and expresses its
intention, prior to the end of the 180-day period, to consider favourably
renewal of the provisions of this resolution as appropriate, provided that the
said reports indicate that those provisions are being satisfactorily
implemented;
6. Requests the Secretary-General to report to the Council 90 days after
the date of entry into force of paragraph 1 above and again prior to the end of
the 180-day period, on the basis of observations of United Nations personnel in
Iraq, and of consultations with the Government of Iraq, on whether Iraq has
ensured the equitable distribution of medicine, health supplies, foodstuffs, and
materials and supplies for essential civilian needs, financed in accordance with
paragraph 8 (a) of resolution 986 (1995), including in his reports any
observations which he may have on the adequacy of the revenues to meet Iraq’s
humanitarian needs, and on Iraq’s capacity to export sufficient quantities of
petroleum and petroleum products to produce the sum referred to in paragraph 2
of resolution 1153 (1998);
7. Requests the Secretary-General to report to the Council if Iraq is
unable to export petroleum and petroleum products sufficient to produce the
total sum provided for in paragraph 2 above and, following consultations with
relevant United Nations agencies and the Iraqi authorities, make
recommendations
for the expenditure of the sum expected to be available, consistent with the
priorities established in paragraph 2 of resolution 1153 (1998) and with the
distribution plan referred to in paragraph 5 of resolution 1175 (1998);
8. Decides that paragraphs 1, 2, 3 and 4 of resolution 1175 (1998) shall
remain in force and shall apply to the new 180-day period referred to in
paragraph 1 above;
9. Requests the Secretary-General, in consultation with the Government of
Iraq, to submit to the Council, by 30 June 1999, a detailed list of parts and
equipment necessary for the purpose described in paragraph 1 of resolution
10. Requests the Committee established by resolution 661 (1990), in close
coordination with the Secretary-General, to report to the Council 90 days after
the entry into force of paragraph 1 above and again prior to the end of the
11. Urges all States, and in particular the Government of Iraq, to provide
their full cooperation in the effective implementation of this resolution;
12. Appeals to all States to continue to cooperate in the timely
submission of applications and the expeditious issue of export licences,
facilitating the transit of humanitarian supplies authorized by the Committee
established by resolution 661 (1990), and to take all other appropriate measures
within their competence in order to ensure that urgently required humanitarian
supplies reach the Iraqi people as rapidly as possible;
13. Stresses the need to continue to ensure respect for the security and
safety of all persons directly involved in the implementation of this resolution
in Iraq;
14. Decides to keep these arrangements under review, including in
particular those in paragraph 2 above, to ensure the uninterrupted flow of
humanitarian supplies into Iraq, and expresses its willingness to review the
relevant recommendations of the report of the panel established to review
humanitarian issues (S/1999/356, annex II) as appropriate with regard to the
––-
UNITED NATIONS
Security Council
Distr.
GENERAL
S/RES/1266 (1999)
4 October 1999
RESOLUTION 1266 (1999)
Adopted by the Security Council at its 4050th meeting,
on 4 October 1999
The Security Council,
Recalling its previous relevant resolutions and in particular its
resolutions 986 (1995) of 14 April 1995, 1111 (1997) of 4 June 1997, 1129
(1997)
of 12 September 1997, 1143 (1997) of 4 December 1997, 1153 (1998) of
20 February 1998, 1175 (1998) of 19 June 1998, 1210 (1998) of 24 November
Recalling also the report of the Secretary-General of 19 August 1999
(S/1999/896), in particular, paragraphs 4 and 94,
Determined to improve the humanitarian situation in Iraq,
Reaffirming the commitment of all Member States to the sovereignty and
territorial integrity of Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that paragraph 2 of resolution 1153 (1998), as extended by
resolution 1242 (1999), shall be modified to the extent necessary to authorize
States to permit the import of petroleum and petroleum products originating in
Iraq, including financial and other essential transactions directly related
thereto, sufficient to produce an additional sum, beyond that provided for by
resolution 1242 (1999), equivalent to the total shortfall of revenues authorized
but not generated under resolutions 1210 (1998) and 1153 (1998),
3.04 billion United States dollars, within the period of 180 days from 0001
hours, eastern standard time, on 25 May 1999;
––-
UNITED NATIONS
Security Council
Distr.
GENERAL
S/RES/1275 (1999)
19 November 1999
RESOLUTION 1275 (1999)
Adopted by the Security Council at its 4070th meeting,
on 19 November 1999
The Security Council,
Recalling its resolutions 1242 (1999) of 21 May 1999 and 1266 (1999) of
Acting under Chapter VII of the Charter of the United Nations,
1. Decides to extend the period referred to in paragraphs 1, 2 and 8 of
resolution 1242 (1999) and in paragraph 1 of 1266 (1999) until 4 December 1999;
––-
UNITED NATIONS
Security Council
Distr.
GENERAL
S/RES/1280 (1999)
3 December 1999
RESOLUTION 1280 (1999)
Adopted by the Security Council at its 4077th meeting,
on 3 December 1999
The Security Council,
Recalling its resolutions 1242 (1999) of 21 May 1999, 1266 (1999) of
Acting under Chapter VII of the Charter of the United Nations,
1. Decides to extend the period referred to in paragraphs 1, 2 and 8 of
resolution 1242 (1999) and in paragraph 1 of resolution 1266 (1999) until
––-
UNITED NATIONS
Security Council
Distr.
GENERAL
S/RES/1281 (1999)
10 December 1999
RESOLUTION 1281 (1999)
Adopted by the Security Council at its 4079th meeting,
on 10 December 1999
The Security Council,
Recalling its previous relevant resolutions and in particular its
resolutions 986 (1995) of 14 April 1995, 1111 (1997) of 4 June 1997, 1129
(1997)
of 12 September 1997, 1143 (1997) of 4 December 1997, 1153 (1998) of
20 February 1998, 1175 (1998) of 19 June 1998, 1210 (1998) of 24 November
1998, 1242 (1999) of 21 May 1999, 1266 (1999) of 4 October 1999 and 1275
(1999) of 19 November 1999, and 1280 (1999) of 3 December 1999,
Convinced of the need as a temporary measure to continue to provide for the
humanitarian needs of the Iraqi people until the fulfilment by the Government of
Iraq of the relevant resolutions, including notably resolution 687 (1991) of
3 April 1991, allows the Council to take further action with regard to the
prohibitions referred to in resolution 661 (1990) of 6 August 1990, in
accordance with the provisions of those resolutions,
Convinced also of the need for equitable distribution of humanitarian
supplies to all segments of the Iraqi population throughout the country,
Determined to improve the humanitarian situation in Iraq,
Reaffirming the commitment of all Member States to the sovereignty and
territorial integrity of Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the provisions of resolution 986 (1995), except those
contained in paragraphs 4, 11 and 12, shall remain in force for a new period of
180 days beginning at 00.01 hours, Eastern Standard Time, on 12 December
2. Further decides that paragraph 2 of resolution 1153 (1998) shall
remain in force and shall apply to the 180-day period referred to in paragraph 1
above;
necessary to ensure the effective and efficient implementation of this
resolution, and to continue to enhance as necessary the United Nations
observation process in Iraq in such a way as to provide the required assurance
to the Council that the goods produced in accordance with this resolution are
distributed equitably and that all supplies authorized for procurement,
including dual usage items and spare parts, are utilized for the purpose for
which they have been authorized;
4. Further decides to conduct a thorough review of all aspects of the
implementation of this resolution 90 days after the entry into force of
paragraph 1 above and again prior to the end of the 180-day period, on receipt
of the reports referred to in paragraphs 5 and 10 below, and expresses its
intention, prior to the end of the 180-day period, to consider favourably
renewal of the provisions of this resolution as appropriate, provided that the
said reports indicate that those provisions are being satisfactorily
implemented;
5. Requests the Secretary-General to report to the Council 90 days after
the date of entry into force of paragraph 1 above and again prior to the end of
the 180-day period, on the basis of observations of United Nations personnel in
Iraq, and of consultations with the Government of Iraq, on whether Iraq has
ensured the equitable distribution of medicine, health supplies, foodstuffs, and
materials and supplies for essential civilian needs, financed in accordance with
paragraph 8 (a) of resolution 986 (1995), including in his reports any
observations which he may have on the adequacy of the revenues to meet Iraq’s
humanitarian needs, and on Iraq’s capacity to export sufficient quantities of
petroleum and petroleum products to produce the sum referred to in paragraph 2
of resolution 1153 (1998);
6. Requests the Secretary-General to report to the Council if Iraq is
unable to export petroleum and petroleum products sufficient to produce the
total sum provided for in paragraph 2 above and, following consultations with
the relevant United Nations agencies and the Iraqi authorities, make
recommendations for the expenditure of sums expected to be available, consistent
with the priorities established in paragraph 2 of resolution 1153 (1998) and
with the distribution plan referred to in paragraph 5 of resolution 1175 (1998);
7. Decides that paragraph 3 of resolution 1210 (1998) shall apply to the
new 180-day period referred to in paragraph 1 above;
8. Decides that paragraphs 1, 2, 3 and 4 of resolution 1175 (1998) shall
remain in force and shall apply to the new 180-day period referred to in
paragraph 1 above;
9. Requests the Secretary-General, in consultation with the Government of
Iraq, to submit to the Council no later than 15 January 2000 a detailed list of
parts and equipment necessary for the purpose described in paragraph 1 of
resolution 1175 (1998);
coordination with the Secretary-General, to report to the Council 90 days after
the entry into force of paragraph 1 above and again prior to the end of the
11. Urges all States, and in particular the Government of Iraq, to provide
their full cooperation in the effective implementation of this resolution;
12. Appeals to all States to continue to cooperate in the timely
submission of applications and the expeditious issue of export licences,
facilitating the transit of humanitarian supplies authorized by the Committee
established by resolution 661 (1990), and to take all other appropriate measures
within their competence in order to ensure that urgently needed humanitarian
supplies reach the Iraqi people as rapidly as possible;
13. Stresses the need to continue to ensure respect for the security and
safety of all persons directly involved in the implementation of this resolution
in Iraq;
14. Decides to keep these arrangements under review including in
particular those in paragraph 2 above, to ensure the uninterrupted flow of
humanitarian supplies into Iraq, and expresses its determination to act without
delay to address the recommendations of the report of the panel established to
review humanitarian and other issues in Iraq (S/1999/356) in a further,
comprehensive resolution;
––-
UNITED NATIONS
Security Council
Distr.
GENERAL
S/RES/1284 (1999)
17 December 1999
RESOLUTION 1284 (1999)
Adopted by the Security Council at its 4084th meeting,
on 17 December 1999
The Security Council,
Recalling its previous relevant resolutions, including its resolutions
661 (1990) of 6 August 1990, 687 (1991) of 3 April 1991, 699 (1991) of
986 (1995) of 14 April 1995, 1051 (1996) of 27 March 1996, 1153 (1998) of
20 February 1998, 1175 (1998) of 19 June 1998, 1242 (1999) of 21 May 1999 and
Recalling the approval by the Council in its resolution 715 (1991) of the
plans for future ongoing monitoring and verification submitted by the Secretary-
General and the Director General of the International Atomic Energy Agency
(IAEA) in pursuance of paragraphs 10 and 13 of resolution 687 (1991),
Welcoming the reports of the three panels on Iraq (S/1999/356), and having
held a comprehensive consideration of them and the recommendations contained
in them,
Stressing the importance of a comprehensive approach to the full
implementation of all relevant Security Council resolutions regarding Iraq and
the need for Iraqi compliance with these resolutions,
Recalling the goal of establishing in the Middle East a zone free from
weapons of mass destruction and all missiles for their delivery and the
objective of a global ban on chemical weapons as referred to in paragraph 14 of
resolution 687 (1991),
Concerned at the humanitarian situation in Iraq, and determined to improve
that situation,
Recalling with concern that the repatriation and return of all Kuwaiti and
third country nationals or their remains, present in Iraq on or after
2 August 1990, pursuant to paragraph 2 (c) of resolution 686 (1991) of
have not yet been fully carried out by Iraq,
Recalling that in its resolutions 686 (1991) and 687 (1991) the Council
demanded that Iraq return in the shortest possible time all Kuwaiti property it
had seized, and noting with regret that Iraq has still not complied fully with
this demand,
Acknowledging the progress made by Iraq towards compliance with the
provisions of resolution 687 (1991), but noting that, as a result of its failure
to implement the relevant Council resolutions fully, the conditions do not exist
which would enable the Council to take a decision pursuant to resolution
Reiterating the commitment of all Member States to the sovereignty,
territorial integrity and political independence of Kuwait, Iraq and the
neighbouring States,
Acting under Chapter VII of the Charter of the United Nations, and taking
into account that operative provisions of this resolution relate to previous
resolutions adopted under Chapter VII of the Charter,
A.
1. Decides to establish, as a subsidiary body of the Council, the United
Nations Monitoring, Verification and Inspection Commission (UNMOVIC)
which
replaces the Special Commission established pursuant to paragraph 9 (b) of
resolution 687 (1991);
2. Decides also that UNMOVIC will undertake the responsibilities mandated
to the Special Commission by the Council with regard to the verification of
compliance by Iraq with its obligations under paragraphs 8, 9 and 10 of
resolution 687 (1991) and other related resolutions, that UNMOVIC will establish
and operate, as was recommended by the panel on disarmament and current and
future ongoing monitoring and verification issues, a reinforced system of
ongoing monitoring and verification, which will implement the plan approved by
the Council in resolution 715 (1991) and address unresolved disarmament issues,
and that UNMOVIC will identify, as necessary in accordance with its mandate,
additional sites in Iraq to be covered by the reinforced system of ongoing
monitoring and verification;
3. Reaffirms the provisions of the relevant resolutions with regard to
the role of the IAEA in addressing compliance by Iraq with paragraphs 12 and 13
of resolution 687 (1991) and other related resolutions, and requests the
Director General of the IAEA to maintain this role with the assistance and
cooperation of UNMOVIC;
715 (1991), 1051 (1996), 1154 (1998) and all other relevant resolutions and
statements of its President, which establish the criteria for Iraqi compliance,
affirms that the obligations of Iraq referred to in those resolutions and
statements with regard to cooperation with the Special Commission, unrestricted
access and provision of information will apply in respect of UNMOVIC, and
decides in particular that Iraq shall allow UNMOVIC teams immediate,
unconditional and unrestricted access to any and all areas, facilities,
equipment, records and means of transport which they wish to inspect in
accordance with the mandate of UNMOVIC, as well as to all officials and other
persons under the authority of the Iraqi Government whom UNMOVIC wishes to
interview so that UNMOVIC may fully discharge its mandate;
5. Requests the Secretary-General, within 30 days of the adoption of this
resolution, to appoint, after consultation with and subject to the approval of
the Council, an Executive Chairman of UNMOVIC who will take up his
mandated tasks as soon as possible, and, in consultation with the Executive
Chairman and the Council members, to appoint suitably qualified experts as a
College of Commissioners for UNMOVIC which will meet regularly to review
the implementation of this and other relevant resolutions and provide professional
advice and guidance to the Executive Chairman, including on significant policy
decisions and on written reports to be submitted to the Council through the
Secretary-General;
6. Requests the Executive Chairman of UNMOVIC, within 45 days of his
appointment, to submit to the Council, in consultation with and through the
Secretary-General, for its approval an organizational plan for UNMOVIC,
including its structure, staffing requirements, management guidelines,
recruitment and training procedures, incorporating as appropriate the
recommendations of the panel on disarmament and current and future ongoing
monitoring and verification issues, and recognizing in particular the need for
an effective, cooperative management structure for the new organization, for
staffing with suitably qualified and experienced personnel, who would be
regarded as international civil servants subject to Article 100 of the Charter
of the United Nations, drawn from the broadest possible geographical base,
including as he deems necessary from international arms control organizations,
and for the provision of high quality technical and cultural training;
7. Decides that UNMOVIC and the IAEA, not later than 60 days after they
have both started work in Iraq, will each draw up, for approval by the Council,
a work programme for the discharge of their mandates, which will include both
the implementation of the reinforced system of ongoing monitoring and
verification, and the key remaining disarmament tasks to be completed by Iraq
pursuant to its obligations to comply with the disarmament requirements of
resolution 687 (1991) and other related resolutions, which constitute the
governing standard of Iraqi compliance, and further decides that what is
required of Iraq for the implementation of each task shall be clearly defined
and precise;
8. Requests the Executive Chairman of UNMOVIC and the Director General of
the IAEA, drawing on the expertise of other international organizations as
appropriate, to establish a unit which will have the responsibilities of the
joint unit constituted by the Special Commission and the Director General of the
IAEA under paragraph 16 of the export/import mechanism approved by
resolution
consultation with the Director General of the IAEA, to resume the revision and
updating of the lists of items and technology to which the mechanism applies;
9. Decides that the Government of Iraq shall be liable for the full costs
of UNMOVIC and the IAEA in relation to their work under this and other related
resolutions on Iraq;
10. Requests Member States to give full cooperation to UNMOVIC and the
IAEA in the discharge of their mandates;
11. Decides that UNMOVIC shall take over all assets, liabilities and
archives of the Special Commission, and that it shall assume the Special
Commission’s part in agreements existing between the Special Commission and
Iraq and between the United Nations and Iraq, and affirms that the Executive
Chairman, the Commissioners and the personnel serving with UNMOVIC shall
have the rights, privileges, facilities and immunities of the Special Commission;
12. Requests the Executive Chairman of UNMOVIC to report, through the
Secretary-General, to the Council, following consultation with the
Commissioners, every three months on the work of UNMOVIC, pending
submission of the first reports referred to in paragraph 33 below, and to report
immediately when the reinforced system of ongoing monitoring and verification
is fully operational in Iraq;
B.
13. Reiterates the obligation of Iraq, in furtherance of its commitment to
facilitate the repatriation of all Kuwaiti and third country nationals referred
to in paragraph 30 of resolution 687 (1991), to extend all necessary cooperation
to the International Committee of the Red Cross, and calls upon the Government
of Iraq to resume cooperation with the Tripartite Commission and Technical
Subcommittee established to facilitate work on this issue;
14. Requests the Secretary-General to report to the Council every four
months on compliance by Iraq with its obligations regarding the repatriation or
return of all Kuwaiti and third country nationals or their remains, to report
every six months on the return of all Kuwaiti property, including archives,
seized by Iraq, and to appoint a high-level coordinator for these issues;
C.
3 (b) and 4 of resolution 661 (1990) and subsequent relevant resolutions, to
permit the import of any volume of petroleum and petroleum products originating
in Iraq, including financial and other essential transactions directly relating
thereto, as required for the purposes and on the conditions set out in
paragraph 1 (a) and (b) and subsequent provisions of resolution 986 (1995) and
related resolutions;
including permitting the use of additional export routes for petroleum and
petroleum products, under appropriate conditions otherwise consistent with the
purpose and provisions of resolution 986 (1995) and related resolutions;
on the basis of proposals from the Secretary-General, lists of humanitarian
items, including foodstuffs, pharmaceutical and medical supplies, as well as
basic or standard medical and agricultural equipment and basic or standard
educational items, decides, notwithstanding paragraph 3 of resolution 661 (1990)
and paragraph 20 of resolution 687 (1991), that supplies of these items will not
be submitted for approval of that Committee, except for items subject to the
provisions of resolution 1051 (1996), and will be notified to the Secretary-
General and financed in accordance with the provisions of paragraph 8 (a) and
8 (b) of resolution 986 (1995), and requests the Secretary-General to inform the
Committee in a timely manner of all such notifications received and actions
taken;
18. Requests the Committee established by resolution 661 (1990) to
appoint, in accordance with resolutions 1175 (1998) and 1210 (1998), a group of
experts, including independent inspection agents appointed by the Secretary-
General in accordance with paragraph 6 of resolution 986 (1995), decides that
this group will be mandated to approve speedily contracts for the parts and the
equipments necessary to enable Iraq to increase its exports of petroleum and
petroleum products, according to lists of parts and equipments approved by that
Committee for each individual project, and requests the Secretary-General to
continue to provide for the monitoring of these parts and equipments inside
Iraq;
19. Encourages Member States and international organizations to provide
supplementary humanitarian assistance to Iraq and published material of an
educational character to Iraq;
20. Decides to suspend, for an initial period of six months from the date
of the adoption of this resolution and subject to review, the implementation of
paragraph 8 (g) of resolution 986 (1995);
21. Requests the Secretary-General to take steps to maximize, drawing as
necessary on the advice of specialists, including representatives of
international humanitarian organizations, the effectiveness of the arrangements
set out in resolution 986 (1995) and related resolutions including the
humanitarian benefit to the Iraqi population in all areas of the country, and
further requests the Secretary-General to continue to enhance as necessary the
United Nations observation process in Iraq, ensuring that all supplies under the
humanitarian programme are utilized as authorized, to bring to the attention of
the Council any circumstances preventing or impeding effective and equitable
distribution and to keep the Council informed of the steps taken towards the
implementation of this paragraph;
22. Requests also the Secretary-General to minimize the cost of the United
Nations activities associated with the implementation of resolution 986 (1995)
as well as the cost of the independent inspection agents and the certified
public accountants appointed by him, in accordance with paragraphs 6 and 7 of
resolution 986 (1995);
23. Requests further the Secretary-General to provide Iraq and the
Committee established by resolution 661 (1990) with a daily statement of the
status of the escrow account established by paragraph 7 of resolution
subject to Security Council approval, to allow funds deposited in the escrow
account established by resolution 986 (1995) to be used for the purchase of
locally produced goods and to meet the local cost for essential civilian needs
which have been funded in accordance with the provisions of resolution
986 (1995) and related resolutions, including, where appropriate, the cost of
installation and training services;
25. Directs the Committee established by resolution 661 (1990) to take a
decision on all applications in respect of humanitarian and essential civilian
needs within a target of two working days of receipt of these applications from
the Secretary-General, and to ensure that all approval and notification letters
issued by the Committee stipulate delivery within a specified time, according to
the nature of the items to be supplied, and requests the Secretary-General to
notify the Committee of all applications for humanitarian items which are
included in the list to which the export/import mechanism approved by resolution
26. Decides that Hajj pilgrimage flights which do not transport cargo into
or out of Iraq are exempt from the provisions of paragraph 3 of resolution
661 (1990) and resolution 670 (1990), provided timely notification of each
flight is made to the Committee established by resolution 661 (1990), and
requests the Secretary-General to make the necessary arrangements, for approval
by the Security Council, to provide for reasonable expenses related to the Hajj
pilgrimage to be met by funds in the escrow account established by resolution
(i) to take all steps to ensure the timely and equitable distribution of
all humanitarian goods, in particular medical supplies, and to remove
and avoid delays at its warehouses;
(ii) to address effectively the needs of vulnerable groups, including
children, pregnant women, the disabled, the elderly and the mentally
ill among others, and to allow freer access, without any
discrimination, including on the basis of religion or nationality, by
United Nations agencies and humanitarian organizations to all areas
and sections of the population for evaluation of their nutritional and
humanitarian condition;
(iii) to prioritize applications for humanitarian goods under the
arrangements set out in resolution 986 (1995) and related resolutions;
(iv) to ensure that those involuntarily displaced receive humanitarian
assistance without the need to demonstrate that they have resided for
six months in their places of temporary residence;
(v) to extend full cooperation to the United Nations Office for Project
Services mine-clearance programme in the three northern Governorates
of Iraq and to consider the initiation of the demining efforts in
other Governorates;
28. Requests the Secretary-General to report on the progress made in
meeting the humanitarian needs of the Iraqi people and on the revenues necessary
to meet those needs, including recommendations on necessary additions to the
current allocation for oil spare parts and equipment, on the basis of a
comprehensive survey of the condition of the Iraqi oil production sector, not
later than 60 days from the date of the adoption of this resolution and updated
thereafter as necessary;
29. Expresses its readiness to authorize additions to the current
allocation for oil spare parts and equipment, on the basis of the report and
recommendations requested in paragraph 28 above, in order to meet the
humanitarian purposes set out in resolution 986 (1995) and related resolutions;
including oil industry experts, to report within 100 days of the date of
adoption of this resolution on Iraq’s existing petroleum production and export
capacity and to make recommendations, to be updated as necessary, on
alternatives for increasing Iraq’s petroleum production and export capacity in a
manner consistent with the purposes of relevant resolutions, and on the options
for involving foreign oil companies in Iraq’s oil sector, including investments,
subject to appropriate monitoring and controls;
31. Notes that in the event of the Council acting as provided for in
paragraph 33 of this resolution to suspend the prohibitions referred to in that
paragraph, appropriate arrangements and procedures will need, subject to
paragraph 35 below, to be agreed by the Council in good time beforehand,
including suspension of provisions of resolution 986 (1995) and related
resolutions;
32. Requests the Secretary-General to report to the Council on the
implementation of paragraphs 15 to 30 of this resolution within 30 days of the
adoption of this resolution;
D.
33. Expresses its intention, upon receipt of reports from the Executive
Chairman of UNMOVIC and from the Director General of the IAEA that Iraq has
cooperated in all respects with UNMOVIC and the IAEA in particular in fulfilling
the work programmes in all the aspects referred to in paragraph 7 above, for a
period of 120 days after the date on which the Council is in receipt of reports
from both UNMOVIC and the IAEA that the reinforced system of ongoing
monitoring and verification is fully operational, to suspend with the fundamental
objective of improving the humanitarian situation in Iraq and securing the
implementation of the Council’s resolutions, for a period of 120 days renewable
by the Council, and subject to the elaboration of effective financial and other
operational measures to ensure that Iraq does not acquire prohibited items,
prohibitions against the import of commodities and products originating in Iraq,
and prohibitions against the sale, supply and delivery to Iraq of civilian
commodities and products other than those referred to in paragraph 24 of
resolution 687 (1991) or those to which the mechanism established by resolution
34. Decides that in reporting to the Council for the purposes of
paragraph 33 above, the Executive Chairman of UNMOVIC will include as a
basis for his assessment the progress made in completing the tasks referred to in
paragraph 7 above;
35. Decides that if at any time the Executive Chairman of UNMOVIC or the
Director General of the IAEA reports that Iraq is not cooperating in all
respects with UNMOVIC or the IAEA or if Iraq is in the process of acquiring any
prohibited items, the suspension of the prohibitions referred to in paragraph 33
above shall terminate on the fifth working day following the report, unless the
Council decides to the contrary;
36. Expresses its intention to approve arrangements for effective
financial and other operational measures, including on the delivery of and
payment for authorized civilian commodities and products to be sold or supplied
to Iraq, in order to ensure that Iraq does not acquire prohibited items in the
event of suspension of the prohibitions referred to in paragraph 33 above, to
begin the elaboration of such measures not later than the date of the receipt of
the initial reports referred to in paragraph 33 above, and to approve such
arrangements before the Council decision in accordance with that paragraph;
37. Further expresses its intention to take steps, based on the report and
recommendations requested in paragraph 30 above, and consistent with the
purpose of resolution 986 (1995) and related resolutions, to enable Iraq to
increase its petroleum production and export capacity, upon receipt of the reports
relating
to the cooperation in all respects with UNMOVIC and the IAEA referred to in
paragraph 33 above;
38. Reaffirms its intention to act in accordance with the relevant
provisions of resolution 687 (1991) on the termination of prohibitions referred
to in that resolution;
39. Decides to remain actively seized of the matter and expresses its
intention to consider action in accordance with paragraph 33 above no later than
conditions set out in paragraph 33 above have been satisfied by Iraq.
––-
UNITED NATIONS
Security Council
Distr.
S/1999/356
30 March 1999
ORIGINAL:
ENGLISH
LETTER DATED 27 MARCH 1999, FROM THE CHAIRMAN
OF THE PANELS ESTABLISHED PURSUANT TO THE NOTE BY THE
PRESIDENT OF THE SECURITY COUNCIL OF 30 JANUARY 1999
(S/1999/100) ADDRESSED TO
THE PRESIDENT OF THE SECURITY COUNCIL
With reference to the note by the President of the Security
Council(S/1999/100), I have the honour to attach the final report of the panel on
disarmament and current and future ongoing monitoring and verification issues
(annex I), which was adopted today, 27 March 1999.
As soon as the panel on humanitarian issues and the panel on prisoners of
war and Kuwaiti property conclude their work, I will be ready to present the three
reports to the Security Council.
(Signed) Celso L. N. AMORIM
Ambassador
Letter dated 30 March 1999 from the Chairman of the panels
established pursuant to the note by the President of the
Security Council of 30 January 1999 (S/1999/100)addressed
to the President of the Security Council
With reference to the note by the President of the Security Council
(S/1999/100) and to the letter dated 27 March 1999, which forwarded the report
of the panel on disarmament and current and future ongoing monitoring and
verification issues, I have the honour to attach herewith the final report of the
panel on humanitarian issues (annex II), as well as the final report of
the panel on prisoners of war and Kuwaiti property (annex III), which were
adopted today, 30 March 1999.
As stated before, I am ready to present the three reports to the Security
Council at an appropriate moment.
(Signed) Celso L. N. AMORIM
Ambassador
Annex I
REPORT OF THE FIRST PANEL ESTABLISHED PURSUANT TO THE
NOTE BY THE PRESIDENT OF THE SECURITY COUNCIL ON 30
JANUARY 1999(S/1999/100), CONCERNING DISARMAMENT
AND CURRENT AND FUTURE ONGOING MONITORING AND
VERIFICATION ISSUES
1. The panel on disarmament and current and future ongoing monitoring and
verification issues, established pursuant to the note issued by the President
of the Security Council on 30 January 1999 (S/1999/100), is submitting its
report to the Security Council in accordance with paragraphs 1, 2, 3 and 4 of
the aforementioned note.
I) Mandate, composition, working methods and plans of work
2. The panel was constituted in the context of increasing concern, among
Security Council members, with the interruption of United Nations activities
in Iraq in the area of disarmament/ongoing monitoring and verification, in
particular since mid-December. During the discussions in the month of
January, Security Council members felt that it was urgent to consider the
parallel objectives of re-establishing an effective presence of the United
Nations and the International Atomic Energy Agency (IAEA) in Iraq in the area
of disarmament/prevention of development of proscribed weapons and addressing
the humanitarian needs of the Iraqi people. In parallel, the issues of
prisoners of war and Kuwaiti property were also brought to the fore.
3. On 30 January 1999, the Security Council decided that it would be useful
to establish three separate panels on Iraq and to receive recommendations from
them no later than 15 April 1999. In paragraph 2 of document S/1999/100, the
Security Council invited Ambassador Celso L. N. Amorim of Brazil to chair each
of the panels.
4. The constitution of the panel on disarmament and current and future
ongoing monitoring and verification was defined in paragraph 4 of document
S/1999/100, which reads as follows: “The first panel, on disarmament and
current and future ongoing monitoring and verification issues, would involve
the participation and expertise from the United Nations Special Commission,
the International Atomic Energy Agency, the United Nations Secretariat, and
any other relevant expertise. The panel would assess all the existing and
relevant information available, including data from ongoing monitoring and
verification, relating to the state of disarmament in Iraq”.
5. As announced by the Chairman on 12 February 1999, the first panel was
composed as follows: Ichiro Akiyama, Jacques Baute, Kaluba Chitumbo, Ron
Cleminson, Rachel Davies, Jayantha Dhanapala, Charles Duelfer, Roberto Garcia
Moritan, Gennady Gatilov, Gabriele Kraatz-Wadsack, Hideyo Kurata, Liu Jieyi,
Johan Molander, Jack Ooms, Daniel Parfait, GianPiero Perrone, Horst Reeps,
Paul Schulte, Tom Shea, and Nikita Smidovich.
6. The panel met from 23 to 27 February and from 22 to 27 March. Taking
into account paragraph 3 of document S/1999/100, the Chairman held
consultations with panel participants and members of the Security Council on
appropriate working methods and plans of work. The panel decided that it
should assess, from a technical point of view and a broad perspective, the
work of the United Nations and IAEA in Iraq in the area of disarmament
/ongoing monitoring and verification of proscribed weapons. To this end, the
panel considered information from a variety of sources and heard short
briefings on different aspects: (1) the ongoing monitoring and verification
regime; (II) the export/import monitoring mechanism; (III) the nuclear,
missile, chemical weapons and biological weapons areas; and (IV) overhead
imagery.
the main objective of the panel was ‘”to make recommendations to the Security
Council on how, taking into account relevant Security Council resolutions, to
reestablish an effective disarmament/ongoing monitoring and verification
regime in Iraq. This mandate reflects the Security Council assessment that an
effective presence of inspectors on the ground remains the most effective way
to provide assurance that Iraq does not retain, acquire or rebuild its
proscribed weapons programmes.
II) Introductory questions
8. The phrasing of the mandate (how... to re-establish”, etc.) carries with
it an implicit recognition that the task of getting inspector’s back to Iraq
is not self-evident. In effect, the panel has been asked to contribute to
such an objective by devising technically feasible options which the Security
Council may choose to implement. The panel recognized that the scope of its
mandate implied that it would devise its recommendations from a technical, and
not a political, point of view, while conceding that it could not ignore the
political and indeed the legal context in which those deliberations were
taking place. The panel deliberated against the background of discussions in
the Council, where a number of proposals on how to address the present
situation are still under consideration. On the one hand, a clear line had to
be drawn between what is technical, and therefore germane to the panel’s work,
and what Is political in its content, which is the exclusive province of the
Security Council. On the other hand, the panel had to be conscious that some
of the technical options may propitiate political consequences if the Security
Council so decides.
9. In the context of the debate on the above mentioned proposals, the
President of the Security Council for the month of January presented the
following question to Council members: “while recognizing that there may be
disarmament tasks to be carried out, wouldn’t it be possible to perform those
tasks, with a renewed approach, under a reinforced Ongoing Monitoring and
Verification (OMV) system (With disarmament elements factored into it)?” This
question helped to focus the discussions on ways to move forward in the short-
term and may be viewed as being at the origin of the establishment of the
panel on disarmament/ongoing monitoring and verification. The same question
was presented to panel members.
10. Always bearing in mind the mandate conferred upon it by the Security
Council, the panel decided that it should first achieve an understanding of
the current status of disarmament/ongoing monitoring and verification in that
country. Such a discussion could neither be exhaustive nor excessively
detailed, but a broad overview of the work undertaken by the United Nations
and IAEA in Iraq to date, including their cooperative arrangements, was
considered useful.
11. A further step was to evaluate, bearing in mind the basic elements of
the OMV regime, as conceived in the plans approved by resolution 715, as well
as the need of ensuring the full implementation of all relevant Security
Council resolutions regarding Iraq, in particular resolutions 687, 707, 715
and 1051, the possibility of addressing remaining disarmament issues/areas of
uncertainty through their integration into a reinforced OMV regime. By
providing a satisfactory answer to the fundamental question of whether it is
feasible to factor those outstanding issues into an OMV developed to its full
potentiality, while avoiding policy judgements, the panel might be enlarging
the scope of options for the Security Council.
III) Disarmament
in its minute detail, every single aspect of each particular proscribed
weapons area. Such an assessment had been made on a number of occasions by
the competent institutions in charge of the disarmament/ongoing monitoring
verification work in Iraq and is included in various reports to the Security
Council, which were presented to the panel as part of the “existing and
relevant Information available”. Therefore, what follows is not an attempt to
summarize such assessments (much less to substitute for existing papers) but
an indication of subjects discussed, in relation to which different shades of
opinion were expressed.
13. The panel heard briefings by experts from the United Nations Special
Commission (UNSCOM) and the IAEA on the current status of
disarmament/ongoing monitoring and verification in the four proscribed weapons
areas (nuclear, missiles, chemical, biological). These briefings were, concentrated
on specific priority disarmament issues. In the case of UNSCOM this reflected
its understanding of the desire of the Council to focus on selected important
parts of the requirements of its resolutions. UNSCOM has decided to work on
the basis of priority issues, setting aside other aspects such as proscribed
weapons research and development activities, procurement, etc. The
satisfactory resolution of these priority questions would considerably
increase the level of confidence of UNSCOM’s overall verification. If the
priority issues are not satisfactorily resolved, then it is likely that the
settlement of other outstanding disarmament issues will assume greater
importance. The Iraqi Government provided the Chairman with some
documentation with its views on the disarmament/ongoing monitoring and
verification process. This documentation was also considered by the panel.
Nuclear Weapons
Achievements
14. The IAEA has been able, in the course of its eight years of extensive
inspection activities, to develop a technically coherent picture of Iraq’s
clandestine nuclear programme covering the stages from the production and
procurement of natural uranium compounds, through Iraq’s development of
enrichment processes, to the design and experimental work for the eventual
weaponization of highly enriched uranium. Iraq’s programme had been very well
funded and was aimed at the development and production of a small arsenal of
nuclear weapons, but there were no indications that Iraq had achieved its
programme’s objective. Most of the IAEA activities involving the destruction,
removal and rendering harmless of the components of Iraq=s nuclear weapons
programme which to date have been revealed and destroyed were completed by
the end of 1992. In February 1994, the IAEA completed the removal from Iraq of
all weapon-usable nuclear material essentially research reactor fuel. On the
basis of its findings, the Agency is able to state that there is no indication
that Iraq possesses nuclear weapons or any meaningful amounts of weapon-usable
nuclear material or that Iraq has retained any practical capability
(facilities or hardware) for the production of such material.
Current status/remaining questions
15. In the nuclear weapons area, questions remain with regard to the lack of
certain technical documentation, external assistance to Iraq’s clandestine
nuclear weapons programme and Iraq’s abandonment of its nuclear weapons
programme. However, the uncertainty deriving from those few remaining
concerns does not present any technical impediment to the full implementation
of the IAEA’s OMV plan. Iraq has yet to adopt the necessary measures to
implement its obligations under relevant Security Council resolutions and
enact penal laws to secure their enforcement. This issue applies to the other
proscribed weapons areas as well.
Proscribed Missiles
Achievements
16. With regard to items selected as key for the purpose of the verification
of the material balance of proscribed missiles and related operational assets,
UNSCOM was able to destroy or otherwise account for: (a) 817 out of 819
imported operational missiles of proscribed range; (b) all declared mobile
launchers for proscribed Al Hussein class missiles, including 14 operational
launchers; the disposition of 9 of the 10 imported trailers used for the
indigenous production of mobile launchers; and the destruction of 56 fixed
missile launch sites; (c) 73 to 75 chemical and biological warheads of the
declared 75 operational special warheads for Al Hussein class missiles; 83 of
the 107 imported and some 80 of the 103 indigenously produced conventional
warheads declared by Iraq to be in its possession at the time of the adoption
of resolution 687.
17. As a means to compensate for Iraq’s failure to present required evidence
for the establishment of a material balance of the critical components for the
indigenous production of proscribed missiles, UNSCOM has established a rough
correlation between the total estimated weight of engine components and, the
total weight of ingots and other remnants presented by Iraq as a result of its
unilateral destruction. UNSCOM has also concluded that Iraq does not possess
a capability to indigenously produce either BADR-2000 missiles or assets known
as the ‘Supergun’. UNSCOM has obtained a broad understanding of Iraq’s
efforts to develop a missile delivery system for nuclear weapon’s and a
detailed picture of Iraq’s procurement effort for its proscribed missile
programmes.
Current status/remaining questions
18. In the missiles area, the main concerns mentioned during the briefing
related to the determination whether or not the current assessment of the
quantity of special warheads identified among the remnants excavated accounts
for all special warheads declared to have been produced by Iraq or if the
declaration is indeed correct. Satisfactory resolution of the following
issues was considered essential for the achievement of a satisfactory material
balance: a) the reasons why no remnants of 50 conventional warheads declared
as unilaterally destroyed were recovered; b) accounting for proscribed
propellants claimed to have been unilaterally destroyed; c) accounting for the
unilateral destruction of seven indigenously produced missiles; d) accounting
for the unilateral destruction of combustion chamber/nozzle assemblies for
indigenously produced missiles.
Chemical Weapons
Achievements
19. UNSCOM has supervised or been able to certify the destruction,, removal
or rendering harmless of large quantities of chemical weapons (CW), their
components and major chemical weapons production equipment as follows: (a)
over 88,000 filled and unfilled chemical munitions; (b) over 600 tonnes of
weaponized and bulk CW agents; (c) some 4,000 tonnes of precursor chemicals;
(d) some 980 pieces of key production equipment; (e) some 300 pieces of
analytical instruments. The prime CW development and production complex in
Iraq was dismantled and closed under UNSCOM supervision and other identified
facilities have been put under monitoring. It was pointed out that UNSCOM has
been able to establish material balances of major weapon-related elements of
Iraq’s CW programme only on the basis of parameters as declared by Iraq but not
fully verified by UNSCOM.
20. UNSCOM has been able to make considerable progress in the verification
of other CW-related activities in Iraq, among them the uncovering of Iraq’s VX
project, CW research and development projects, Iraq=s procurement network and
efforts for its CW programme. On the basis of all these findings, UNSCOM
obtained a good understanding of the major parameters of Iraq’s CW programme.
Current status/remaining questions
21. In the chemical weapons area it was noted during the briefing that
satisfactory resolution is required especially with regard to: a) discrepancies
with Iraq’s declarations on the expenditure of CW munitions in
the 80s, as indicated by figures contained in a document detailing consumption
of special munitions by Iraq; b) evidence of 550 artillery shells filled with
mustard declared to have been lost shortly after the Gulf War; c) accounting
for five hundred R-400 bombs, which could be done through the verification of
the disposition of the parachute tail sections of those bombs; d) Iraqi
declarations on the production and weaponization of the chemical agent VX, in
particular with regard to the military plans for the use of VX during various
periods, the different precursors available and the synthetic routes pursued;
and e) the material balance of CW production equipment.
Biological Weapons
Achievements
whose complete existence had been concealed by Iraq until 1995. This and
subsequent work has permitted it to obtain significant insights into Iraq’s
biological warfare capabilities, including a broad understanding of the main
delivery systems. UNSCOM has also gained a detailed, albeit incomplete,
picture of Iraq’s procurement activities for its biological warfare programme.
23. UNSCOM ordered and supervised the destruction of Iraq’s main declared BW
production and development facility, Al Hakam. Some 60 pieces of equipment
from three other facilities involved in proscribed BW activities as well as
some 22 tonnes of growth media for BW production collected from four other
facilities were also destroyed. As a result, the declared facilities of
Iraq’s BW programme have been destroyed and rendered harmless.
Current status/remaining questions
has not been accepted by UNSCOM as a full account of Iraq’s BW programme. A
full disclosure of the scope and nature of the programme was considered
outstanding by UNSCOM. The briefing indicated that this evaluation was
corroborated by technical evaluation meetings called by UNSCOM including at
the request of Iraq. The briefing also indicated that critical gaps need to
be filled to arrive at a reasonably complete picture. It has also been
recognized that due to the fact that BW agents can be produced using low
technology and simple equipment, generally dual-use, Iraq possesses the
capability and knowledge base through which biological warfare agents could be
produced quickly and in volume.
difficult circumstances, UNSCOM and IAEA have been effective in uncovering
and destroying many elements of Iraq’s proscribed weapons programmes in
accordance with the mandate provided by the Security Council. It is the panel’s
understanding that IAEA has been able to devise a technically coherent picture
of Iraq’s nuclear weapons programme. UNSCOM has achieved considerable
progress in establishing material balances of Iraq’s proscribed weapons. Although
important elements still have to be resolved, the bulk of Iraq’s proscribed
weapons programmes has been eliminated. In this connection, reference was
made to a possible “point of impasse” in the further investigation of these
issues under the current procedures which might correspond to an apparent
diminishing return in recent years.
26. Although there were differences in the panel members’ perception and
understanding of remaining issues, including as regards their relevance to the
overall verification process, It is evident that a satisfactory resolution of
certain areas, in particular those identified as priority, would contribute to
the overall assurance that any disarmament and/or monitoring and verification
mechanism could provide. Or, in other words, there seems to be an inverse
correlation between resolution of those issues by Iraq and the overall degree
of intrusiveness of the regime to be implemented.
27. It has been indicated on various occasions that “some uncertainty is
inevitable in any country-wide technical verification process which aims to
prove the absence of readily concealable objects or activities. The extent to
‘which such uncertainty is acceptable is a policy judgement”. Both UNSCOM and
IAEA have therefore been adopting a pragmatic approach which assumes that
IV) Ongoing Monitoring and Verification
28. The OMV system was conceived to provide assurance that Iraq is not
undertaking proscribed activities. The plans approved by resolution 715
(docs. S/22871/Rev.1 and 22872/Rev.1) establish the mechanisms for the
monitoring and verification of Iraq. The dynamic nature of these mandates
implies that procedures and practices under the Plans may be continuously
adjusted. Key among the tools given by the Security Council to both IAEA and
UNSCOM under the Plans are full and free access at any time to all sites,
facilities, areas, locations, activities, materials and other items, including
documentation, and to all persons and all Information that, in the judgement
of IAEA and UNSCOM, may be necessary for their monitoring activities.
Adopted procedures and practices to date
Since that time, work has continued in order to increase the scope and
technology of OMV measures, although it is recognized that any OMV
mechanism will always encompass a component of disarmament of varying
degrees. The Agency’s OMV plan is designed to give assurances as to the
absence of prohibited equipment, materials and activities. The plan takes fully
into
account the extensive technological expertise developed by Iraq in the course
of its clandestine nuclear programme. The Plan also takes into account the
uncertainties referred to in paragraph 15 above and is predicated on the
assumption that Iraq retains the capability to exploit, for nuclear weapons
purposes, any relevant material or technology to which it may gain access in
the future.
30. The design and operation, since 1994, of UNSCOM’s monitoring system have
been based on a number of assumptions regarding the conditions under which the
Plan for OMV would be implemented. It was believed that, before proceeding
exclusively to monitoring and verification activities, the Commission would
receive, from Iraq, full and complete disclosures of all its proscribed
activities and capabilities and that the identification and disposal of all
proscribed weapons, materials and programmes would have been achieved. Based
on this expectation, the way UNSCOM had been pursuing the monitoring and
verification system was not designed to search for proscribed weapons and
materials. This task has been carried out by UNSCOM separately through
disarmament activities and Investigations. In view of this Atwo-track@
approach UNSCOM was able to conduct its monitoring activities in the least
Intrusive manner, consistent with the objectives for ongoing monitoring and
verification set forth by the Security Council.
Current status
31. Inspectors from both the Agency and the Special Commission departed from
Iraq on 16 December 1998. As a consequence, the OMV plans are not operational
at this moment.
V) Relationship between disarmament and ongoing monitoring and
verification
Integration, including legal aspects
32. The briefings referred to above demonstrated clearly that although
disarmament and monitoring and verification address different dimensions of
the broader problematic of disarmament/reacquisition of proscribed weapons,
both can be implemented through the use of the same - or similar - tools.
Disarmament assumes the existence of proscribed weapons and/or capabilities,
which must be located, accounted for and, eventually, disposed of. The
monitoring and verification system’s immediate goal is to attempt to determine
that proscribed activities are not being carried out. Experience has shown,
however, that actions in disarmament/ongoing monitoring and verification can
be mutually supportive, and that there are many similarities and
complementarities between them. Both can be achieved, in an integrated
fashion, through the use of on-site inspections with full access, including
no-notice inspections, sample analysis, aerial surveillance, evaluation of
documentation, interviews, installed monitoring equipment, or, most
effectively, a combination of them.
standpoint, the ongoing monitoring and verification is not incompatible with
the continuing search for satisfactory resolution of outstanding elements from
proscribed weapons programmes. It was made clear that UNSCOM’s decision to
separate aspects related to monitoring from those related to disarmament had
been taken at the executive level, based on certain assumptions that seemed to
be warranted at the time. It was recognized however, that it is technically
possible to carry out further the resolution of remaining issues mentioned
above under the framework of OMV, provided adequate arrangements are
established to ensure the full exercise of the rights contemplated by the
Plans. The panel recognized that, due to different degrees of confidence,
more effort should be placed in areas which have caused greater concern, as
seems to be the case in the biological and some chemical weapons areas. In
order to be effective, the reinforced OMV system should be able not only to
certify that present activities are in accordance with Security Council
resolutions but also to address unresolved issues, whenever necessary.
Indeed, the retention of the right to investigate any aspect of proscribed
weapons programmes would be a fundamental element of the integrated system.
As in the case of disarmament, cooperation by Iraq is essential.
Legal framework
34. The reinforced OMV system should be based on the full implementation of
the plans for ongoing monitoring and verification approved by Security Council
resolution 715 (1991), provided the rights enshrined therein and In
resolutions 687, 707 and 1051 are fully exercised. The plans establish that
the IAEA and UNSCOM should, through inspections and aerial overflights, as
well as through the provision of information by Iraq, monitor and verify that
activities, sites, facilities, material and other items, both military and
civilian, are not used by Iraq in contravention of its obligations under
relevant Security Council resolutions. It is understood that, for operational
reasons, the full potential of UNSCOM’s plan has never been explored. The
existing plans provide an adequate legal framework for implementing a rigorous
and effective system of monitoring and verification, and thus for integrating
into it the investigation of unresolved issues regarding proscribed weapons
programmes.
35. The possibility of continuing the investigation of proscribed weapons
programmes under the reinforced monitoring regime is explicitly provided for
in the plans. Paragraphs 22 and 23 of the plan presented by UNSCOM and 36 and
37 of the IAEA’s Plan refer to the discovery of any item, including
documentation, or activity in contravention of resolutions 687, 707 or of the
Plan. Paragraph 24 of UNSCOM’s Plan and 38 of the IAEA’s Plan referred to
above instruct UNSCOM and IAEA to bring to the attention of the Security
Council any findings that indicate that Iraq is not in compliance with its
obligations under resolutions 687 and 707. From a legal perspective, the
ability to carry out specific operations aimed at clarifying certain questions
and detecting if there is an attempt to retain proscribed items which escaped
the destruction/removal, rendering harmless process is fully guaranteed.
Technical feasibility and necessary arrangements
36. The IAEA’s OMV activities have been using essentially the same
procedures and techniques initially employed to detect the presence of
prohibited equipment, materials and activities. These procedures must not
only credibly ensure such absence at routinely inspected locations, but also
provide a significant probability of detection at other locations. Further
clarification of remaining questions can therefore be integrated into the
IAEA’s Plan, provided the Agency is able to fully exercise the rights of
access enshrined in the Plan.
37. In the case of the other proscribed weapons areas, satisfactory
resolution of remaining issues under the OMV plan would require modifications
in some assumptions for the operation of the OMV plan, procedures and
practices that were being used to date. More specifically, changes in the
basic assumptions of the OMV plan would require the strengthening of the
monitoring and verification system to maintain its effectiveness so that the
Security Council mandate can be carried out. As stated earlier, the OMV plan,
as it was being implemented before the interruption of inspections, was based
on the assumption that: a fairly complete knowledge of the past would have
been obtained, not having been designed to explicitly resolve remaining
disarmament issues. The positive resolution of priority issues related to
proscribed activities before the starting of the monitoring and verification
system would surely contribute to an increase in the degree of confidence that
the system would otherwise provide. Such uncertainties, however, could be
offset through a reinforced OMV, based on the assumption that Iraq has the
knowledge and technical expertise to exploit, for proscribed purposes, any
relevant materials or technologies which it may retain or gain access to In
the future.
38. IAEA and UNSCOM have both contemplated the possibility of integrating
remaining disarmament issues into their OMV plans. In paragraph 34 of its
latest report (doc. S/1999/127) the Agency states that “provided that it is
able to exercise its right to full and free access in Iraq, the IAEA is in a
position to proceed with the full implementation of its OMV plan and, as part
of that plan, to investigate further the remaining questions and concerns and
any other aspect of Iraq’s clandestine nuclear programme arising out of new
information acquired by the IAEA”.
39. UNSCOM, in turn, points out in its latest reports that “the present
review of the OMV system takes into account the possibility that the mandated
objective of the full accounting of Iraq’s proscribed weapons and verification
of Iraq’s prohibited programmes will not be achieved but the Commission may,
nevertheless, be required to operate its OMV system under the shadow of Iraq
possibly retaining prohibited materials”(paragraph 23 of S/1999/94).
40. Panel members agreed that the adoption of a reinforced OMV might
represent a refocusing and evolution of patterns of work as pursued by UNSCOM.
The reinforced OMV system should make maximum use of synergies, cross
checks and cross fertilizations between the activities of the four disciplines
(nuclear, biological, chemical, missile) and the Export/import Monitoring
Mechanism in order to ensure confidence in the continuing absence of
proscribed activities as well as clarification and progressive resolution of
disarmament issues. It was pointed out that the benefit of the integrated
approach would be that all information gathered from these concurrent
activities would be analyzed systematically, considered against other data and
examined in a multidisciplinary context. The net effect could be to enable
rapid and effective work towards confirmation of Iraq’s disarmament status,
provided the rights set forth in Security Council resolutions 687, 707,, 715
and 1051 are fully respected.
41. Changes on the ground resulting from the adoption of a reinforced OMV
would be related rather to the intensity, frequency, intrusiveness and methods
than to rights, which would remain unaltered, since all actions required are
already permitted under relevant Security Council resolutions.
42. Panel members acknowledge that this evolution of UNSCOM’s work will
have implications for its organizational structure and resourcing, which it might
be premature to address in detail at this stage. However, it was considered
useful to present some of the parameters under which unresolved or not
sufficiently resolved disarmament issues can be integrated into OMV:
a)Full implementation of the rights enshrined in the OMV plans,
particularly full access to locations, individuals and information as well as
the right to implement any relevant technology;
b)Re-establishment of baselines of what Iraq had acquired and
achieved in each of the proscribed weapons areas on the basis of the knowledge
so far accumulated;
c)Identification of critical milestones at which any resumption of
proscribed activities could be detected, as a means to address the potential
consequences of possible uncertainties,
d)Further development of lists of equipment/procedures/methods and a
corresponding degree of intensity/frequency/intrusiveness bearing in mind the
amount of intellectual property Iraq acquired; prioritization of methodology
accordingly;
e)Regular inspections of military sites;
f)Increase in the number of inspector and supporting staff taking into
account technical expertise and-wide geographical representation;
g)Improvement of mobility/access through the establishment of
regional centres and/or the use of fixed and rotary wing aircraft;
h)Enhancement of in-house scientific analytical capability to increase
speed and independence of results;
i)Improvement of structures to promote linkages and information flows
across disciplines and activities; and
j)Identification of a long-term, adequate and independent source of
funding.
43. It was noted that Iraq should confirm the rights and privileges of
UNSCOM and IAEA inspectors and support staff, and, consistent with past
experience, confirm that the health and safety of said personnel will be
protected at all times when these Individuals are within the territory of
Iraq.
Although it was recognized that this debate was of a preliminary character,
some time was devoted to issues related to efficiency, cost-effectiveness and
the degree of intrusiveness of the different techniques. In this regard, it
was noted that, although not a substitute for on-site inspections, overhead
imagery may play, for instance, a very powerful role in providing indications
of the presence of prohibited activities. The role of such a means in
providing timely and accurate reference data to support, supplement and/or
enhance inspection activities had already been proven in Iraq. The panel
concluded that overhead imagery has already played an important role in the
effective implementation of the OMV plans and that it should be exploited to
the limit of its technical capabilities. There would be advantages in the
United Nations and the IAEA being able to derive independent conclusions
therefrom.
45. The Export/Import Monitoring Mechanism would remain a critical component
of the reinforced OMV. This system of information/notification would have to
be reinforced and greater reliance would have to be placed in the provision of
information by suppliers, particularly if conditions related to the volume of
commercial transactions into Iraq are changed. In any case, the lists of
dual-use equipment, the last version of which dates back to 1995, should be
revised. It has been noted that, due to particularities in Iraq’s programmes
of weapons of mass destruction, these lists are already more comprehensive
than those of the Chemical Weapons Convention and other non-proliferation
arrangements, such as the Missile Technology Control Regime and the Australia
Group.
46. For the reinforced OMV system to achieve its objectives, Iraqi
cooperation will be necessary in particular in the sense of: a) providing
immediate unobstructed access to all locations by United Nations and IAEA
teams; b) not interfering with monitoring equipment; c) providing
documentation to determine the legitimacy of activities under monitoring; d)
providing all available information and materials related to past proscribed
activities; e) ensuring access to personnel involved in such activities for
interviews without interference; f) ensuring that relevant evidence is not
concealed, removed or destroyed; g) ensuring access by fixed or rotary wing
aircraft; h) adopting national legislation, as appropriate. At the same time,
Member States are expected to cooperate fully for the effective functioning of
the system.
VI) Organization and methods
General observations
47. The panel had in mind, in making its suggestions in this and other
areas,- that it should work within the existing legal framework for the
implementation of Security Council resolutions related to proscribed weapons
in Iraq. The panel also notes that there are proposals before the Security
Council, which have also been mentioned during the panel meetings, that may
imply changes in Security Council resolutions. It will be a matter for the
Security Council to judge upon the desirability of their adoption.
Nevertheless, the panel thought it worth examining adjustments in current
practices and procedures within the present legal framework. The nomenclature
in the following paragraphs was used In the discussions without prejudice to
any future Security Council decision.
48. The panel held its discussions an this subject bearing in mind the
experience accumulated during the past eight years of inspections but also the
possibility of a reinforced OMV system as delineated above. In the course of
debates on how to improve the operation of the system, reference was made to
the desirability of reinforcing overall coordination, including within the UN
system, without prejudice to a close relationship between the executive body
and the Security Council. This implies the possibility of the Executive
Chairman bringing any urgent matter to the attention of the Security Council.
As a subordinate organ of the Security Council, the executive body derives its
effectiveness and authority from this close relationship, both in terms of
political supervision and of providing support for its activities.
49. ln this context, suggestions were made, inter-alia, with regard to the
possibility of restructuring the Commission as a collegiate body. Without
prejudice of the close relationship referred to in paragraph 48, the
Commission could provide for independent advice, guidance and general
oversight, both at expert and diplomatic levels, on carrying out activities
under the monitoring and verification plan and any problems, referred to it,
that might arise in that connection. It would carry out functions entrusted
to it by the Security Council, possibly including: a) consideration of any
matter relating to the execution of the monitoring plan referred to it by the
Security Council for advice; b) consideration of regular reports from the
Executive Chairman on the conduct of operations; c) consideration of
particular issues referred to it by the Executive Chairman with a view to
their resolution or to a recommendation to the Security Council; d)
consideration of complaints by Iraq regarding the conduct of inspections; e)
establishment of rosters of experts for possible selection to serve on
monitoring operations; and f) advice on personnel policy.
50. Recognizing the role of the Secretary-General in this regard, the
Commission’s composition would also be reviewed by the Security Council so
that it possibly includes a core of technical experts; representatives from
among Security Council members; the Under-Secretary-General for Disarmament
Affairs and possibly other representatives of the Secretariat. It is thought
that among the technical experts a representative of the IAEA and of the
Organization for the Prohibition of Chemical Weapons (OPCW) might be
included. In order to ensure proper liaison of the collegiate body with the
Security
Council, the meetings of the Commission might be presided over by a
representative of a non-permanent member of the Security Council. The
Commission should meet at least every three months (apart from emergency
meetings).
51. Some suggestions were made that, at the operational level, the
implementation of the reinforced OMV should be entrusted to a renovated
UNSCOM, consistent with the provisions of such a system. This may have
staffing Implications that were not considered at length by the panel. It is
understood that the Baghdad Monitoring and Verification Centre (BMVC) would
continue to play a pivotal role and may have to be further reinforced. The
renovated UNSCOM should ensure a clear United Nations identity and be guided
by the principles of full independence, rigour and transparency in order to
ensure the effectiveness of its work and credibility of its results. It was
felt that, at this stage, due to the amount of knowledge acquired by UNSCOM,
as well as to the intrinsic interrelationship between the missile, biological
and chemical weapons fields, these tasks should remain concentrated on this
renovated United Nations body. Nevertheless it was noted that organizations
such as OPCW might contribute, under appropriate arrangements, including
through participation in the Commission. In the future, if Iraq becomes a
party to the CWC, as urged in Security Council resolutions, cooperation
arrangements similar to those currently associated with the work of IAEA in
Iraq might be considered, provided they are consistent with mandates set forth
in relevant Security Council resolutions, if the Security Council so decides.
Recruitment
52. A central component in ensuring an effective and credible system is the
recruiting of staff who are technically competent, committed to the objectives
of the Security Council resolutions, impartial, and, if possible, have some
experience of inspections. A personnel management strategy should ensure the
optimum mix of qualifications, background and of long-term and short-term
staff. Without prejudice to these requirements, staff selection should also
reflect the desirability of establishing broad national representation to the
extent possible. Cost efficiency and technical effectiveness could be
promoted by complementing permanent staff with temporary staff selected, to
the extent possible, within a roster of specialists (see paragraph 49 above).
53. Appointments for one year or more should continue to be made in
terms of Article 101.3 of the Charter of the United Nations. All appointees
would be regarded as International civil servants subject to Article 100 of
the Charter. Taking into account United Nations policy, recourse to cost-free
personnel should be limited. Efforts should be made to increasing, wherever
operationally possible, personnel employed directly by the United Nations.
All employees should be subject to an enforceable Special Service Agreement.
This will require full cooperation from Member States.
Training
54. Considerable weight should be given to training needs with the objective
of developing and reinforcing core inspection skills and competences.
Training programmes should encompass both technical and cultural issues as
well as relevant safety procedures. Particular emphasis should be placed on
the importance of understanding national sensitivities in the course of
Inspections. Emphasis should be given to structural pre-inspection training.
For short-term appointments, on-the-job training would be the regular
practice. Inspection planning and staffing should reflect those training
needs. Continuity in the field is essential.
Equipment/technology
55. Appropriate specifications should be established for all monitoring
equipment, including power units, to be installed in Iraq and on arrangements
for its maintenance by suitably qualified personnel. Systematic and rapid
selection and independent procurement of adequate emerging monitoring
technologies should be promoted, as appropriate.
Information
56. Information has been recognized as an essential component of a
reinforced ongoing monitoring and verification regime, whether provided by
Iraq, or generated by inspections, or from any other source, including Member
States. Internal handling of information should reflect the absolute need to
protect the confidentiality of operations planning and to give assurances to
providers that the sources and methods are being properly protected. This
requires clear procedures for receipt, handling, storage and access to
sensitive information. Evaluation and assessment of information collected
should be rigorous and impartial. This can be facilitated by adopting clear
analysis concepts and methodologies, and by using a modem database and
computer-based analysis tools. The greater the confidence in the security
culture of the organization the more information Member States are likely to
provide.
57. Any information should be assessed strictly on the basis of its
credibility and relevance to the mandate. The substantive relationship with
intelligence providers should be one-way only, even if it is recognized that
dialogue with providers may be necessary for clarifications and refinement of
assessments. The OMV mechanism should not be used for purposes other than the
ones set forth in Security Council resolutions.
Other practices and procedures
58. In conducting inspections or monitoring operations, effectiveness should
be the primary consideration. A rigorous and comprehensive approach should be
adopted to planning and in-field activities and should take into account the
difficulties encountered in the past in Iraq, including instances of
obstruction and/or deception. At the same time unnecessary confrontation or
disproportionate reactions should be avoided.
59. Cooperative arrangements among different disciplines should be promoted
through the development of structures to improve linkages and information
flows across disciplines and activities. The composition of
inspection/monitoring teams should reflect mission requirements.
Confidentiality should be maintained during all stages of the planning and
execution phases. Within the limits dictated by that requirement, inspector’s
should be appropriately briefed on the broader objectives of the project in
which their activities are inserted and should be given access to the reports
of the missions to which they have contributed.
ideally, there should be a single point of contact with the press, which could
benefit from the expertise of the existing UN and/or IAEA public relations
machinery. Public comment by the verification entity and its personnel should
be limited and restricted to the factual. Political evaluations or comments
that carry obvious political implications should be left to the Security
Council.
VII) CONCLUSIONS/RECOMMENDATIONS
61. The panel carried out its work bearing in mind the objective of
presenting a meaningful contribution to the Security Council on how to
reestablish a UN presence in Iraq in the area of disarmament/ongoing monitoring
and verification. The panel considered that refocusing or ‘relensing’ the
approach towards disarmament/ongoing monitoring and verification, without
departing from the existing framework of rights and obligations laid down in
Security Council resolutions adopted under Chapter VII of the Charter, might
offer the opportunity to enlarge the scope of policy options for the Security
Council. To this end, the panel concentrated a great part of its work on
discussing the technical feasibility of a reinforced OMV system capable of
addressing, through integration, remaining unresolved disarmament issues. The
panel concluded that such a reinforced OMV system, which should include
intrusive Inspections and investigation of relevant elements of past
activities, is viable.
62. The framework for this system is well-known, encompassing Security
Council resolutions 687, 707, 715 and 1051. In fact, what is being called a
reinforced OMV is the OMV system itself as conceived in the plans approved by
resolution 715 developed to its full potentiality. The panel points out that
there is no need to change resolution 715 to that effect.
63. Several suggestions were made in relation to questions pertaining to
organization and methods of work, including institutional arrangements,
bearing in mind the reinforced OMV system. They are outlined in chapter VI of
this report. The panel recommends that the Security Council devotes
appropriate attention to these ideas.
64. The panel notes that the longer inspection and monitoring activities
remain suspended, the more difficult the comprehensive implementation of
Security Council resolutions becomes, increasing the risk that Iraq might
reconstitute its proscribed weapons programmes or retain proscribed items. A
materialization of such a risk that is attributable to the absence of
inspections would have extremely negative consequences for the credibility of
international non-proliferation efforts in general, and for the credibility of
the United Nations and IAEA in particular.
65. It has been repeatedly pointed out that UNSCOM’s and IAEA’s current
inability to implement their mandates in Iraq renders them unable to provide
any assurance that Iraq is in compliance with its obligations under Security
Council resolutions and that it is essential that inspection teams return to
Iraq as soon as possible. The current absence of inspectors has exponentially
increased the risk of compromising the level of assurance already achieved,
since it is widely recognized that the re-establishment of the baseline will
be a difficult task. The loss of technical confidence in the system could
become irretrievable. The panel considers that the status quo is not a
practical alternative and recommends that efforts be made with a view to
restoring an international inspection regime in Iraq that is effective,
rigorous and credible.
66. The effectiveness of the monitoring and verification system depends on
its being comprehensive and intrusive. Rigorous implementation is critically
dependent upon the full exercise of the rights of full and free access set
forth in relevant Security Council resolutions. The monitoring and
verification system is an integral whole that can be meaningfully implemented
only in its entirety. At the same time, mandates should be carried out
objectively in a technically competent and thorough manner with due regard to
Iraqi sovereignty, dignity and sensitivities, including religious and cultural
ones, as well as those related to commercial confidentiality.
67. Given the difficulties experienced in the past, this will require firm
and active support by the Security Council for the implementation of the
reinforced OMV system. implementation of the OMV system is predicated on
Iraqi cooperation. Ensuring appropriate cooperation by Iraq means that, in
one way or another, Iraq will have to be engaged by the Security Council,
sooner rather than later. Of course the OMV system cannot be conceived as an
enticement for Iraq to invite it into its territory. Indeed the reinforced
OMV would be, if anything, more intrusive than the one so far practiced. It
is in the hands of the Security Council to devise ways of ensuring that Iraq
accepts such monitoring and verification.
68. In summary, the panel agreed on the possibility of an integrated system
that is a reinforced OMV within the existing legal framework of resolutions
687, 707, 715 and 1051 as well as the Memorandum of Understanding of 23
February 1998, which would be capable of addressing the outstanding
disarmament issues. Some of the parameters necessary for the implementation
of such a system were outlined in relevant chapters of this report. They
will surely need further elaboration, once the suggested approach is accepted
by the Security Council. However, even the best system would be useless if it
were to remain a blueprint on paper only. To be effective, any system has to
be deployed on the ground, which is impossible without Iraqi acceptance. How
this acceptance will be obtained is the fundamental question before the
Security Council.
United Nations
Security Council
Distr.
GENERAL
S/RES/1293 (2000)
31 March 2000
Resolution 1293 (2000)
Adopted by the Security Council at its 4123rd meeting, on
31 March 2000
The Security Council,
Recalling its previous relevant resolutions and in particular its resolutions 986
(1995) of 14 April 1995, 1111 (1997) of 4 June 1997, 1129 (1997) of 12
September 1997, 1143 (1997) of 4 December 1997, 1153 (1998) of 20 February
1998, 1175 (1998) of 19 June 1998, 1210 (1998) of 24 November 1998, 1242
(1999) of 21 May 1999, 1266 (1999) of 4 October 1999, 1275 (1999) of 19
November 1999, 1280 (1999) of 3 December 1999, 1281 (1999) of 10 December
Welcoming the report of the Secretary-General of 10 March 2000
(S/2000/208), in particular his recommendation on additions to the current
allocation for oil spare parts and equipment pursuant to paragraph 28 of resolution
Acting under Chapter VII of the Charter of the United Nations,
1. Decides, pursuant to paragraphs 28 and 29 of resolution 1284 (1999), that
from the funds in the escrow account produced pursuant to resolutions 1242
(1999) and 1281 (1999) up to a total of $600 million may be used to meet any
reasonable expenses, other than expenses payable in Iraq, which follow directly
from the contracts approved in accordance with paragraph 2 of resolution 1175
(1998), and expresses its intention to consider favourably the renewal of this
provision;
2. Expresses its willingness to consider expeditiously other
recommendations contained in the Secretary-General’s report of 10 March 2000,
and the provisions of section C of resolution 1284 (1999);
United Nations
Security Council
Distr.
GENERAL
S/RES/1302 (2000)
8 June 2000
Resolution 1302 (2000)
Adopted by the Security Council at its 4152nd meeting, on
8 June 2000
The Security Council,
Recalling its previous relevant resolutions and in particular its resolutions 986
(1995) of 14 April 1995, 1111 (1997) of 4 June 1997, 1129 (1997) of 12
September
1997, 1143 (1997) of 4 December 1997, 1153 (1998) of 20 February 1998, 1175
(1998) of 19 June 1998, 1210 (1998) of 24 November 1998, 1242 (1999) of 21
May 1999, 1266 (1999) of 4 October 1999, 1275 (1999) of 19 November 1999,
1280 (1999) of 3 December 1999, 1281 (1999) of 10 December 1999, 1284
(1999) of 17 December 1999 and 1293 (2000) of 31 March 2000,
Convinced of the need as a temporary measure to continue to provide for the
humanitarian needs of the Iraqi people until the fulfilment by the Government of
Iraq of the relevant resolutions, including notably resolution 687 (1991) of 3 April
1991, allows the Council to take further action with regard to the prohibitions
referred to in resolution 661 (1990) of 6 August 1990, in accordance with the
provisions of those resolutions,
Convinced also of the need for equitable distribution of humanitarian supplies
to all segments of the Iraqi population throughout the country,
Determined to improve the humanitarian situation in Iraq,
Reaffirming the commitment of all Member States to the sovereignty and
territorial integrity of Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the provisions of resolution 986 (1995), except those
contained in paragraphs 4, 11 and 12 and subject to paragraph 15 of resolution
1284 (1999), shall remain in force for a new period of 180 days beginning at
2. Further decides that from the sum produced from the import by States of
petroleum and petroleum products originating in Iraq, including financial and
other essential transactions related thereto, in the 180-day period referred to in
paragraph 1 above, the amounts recommended by the Secretary-General in his
report of 1 February 1998 (S/1998/90) for the food/nutrition and health sectors
should continue to be allocated on a priority basis in the context of the activities
of the Secretariat, of which 13 per cent of the sum produced in the period referred
to above shall be used for the purposes referred to in paragraph 8 (b) of resolution
3. Requests the Secretary-General to continue to take the actions necessary
to ensure the effective and efficient implementation of this resolution, and to
continue to enhance as necessary the United Nations observation process in Iraq
in
such a way as to provide the required assurances to the Council that the goods
produced in accordance with this resolution are distributed equitably and that all
supplies authorized for procurement, including dual usage items and spare parts,
are utilized for the purpose for which they have been authorized;
4. Further decides to conduct a thorough review of all aspects of the
implementation of this resolution 90 days after the entry into force of paragraph 1
above and again prior to the end of the 180-day period, and expresses its
intention,
prior to the end of that period, to consider favourably renewal of the provisions of
this resolution as appropriate, provided that the reviews indicate that those
provisions are being satisfactorily implemented;
5. Requests the Secretary-General to report to the Council 90 days after the
entry into force of this resolution on its implementation, and further requests the
Secretary-General to report prior to the end of the 180-day period, on the basis of
observations of United Nations personnel in Iraq, and of consultations with the
Government of Iraq, on whether Iraq has ensured the equitable distribution of
medicine, health supplies, foodstuffs, and materials and supplies for essential
civilian needs, financed in accordance with paragraph 8 (a) of resolution 986
(1995), including in his briefing and report any observations which he may have
on the adequacy of the revenues to meet Iraq’s humanitarian needs;
6. Requests the Committee established by resolution 661 (1990), in close
coordination with the Secretary-General, to report to the Council after the entry
into force of paragraph 1 above and prior to the end of the 180-day period on the
implementation of the arrangements in paragraphs 1, 2, 6, 8, 9 and 10 of
resolution 986 (1995);
7. Requests the Secretary-General to appoint, in consultation with the
Committee established by resolution 661 (1990), no later than 10 August 2000,
the additional Overseers necessary to approve petroleum and petroleum product
export contracts in accordance with paragraph 1 of resolution 986 (1995) and the
procedures of the Committee established by resolution 661 (1990);
after 30 days, on the basis of proposals from the Secretary-General, lists of basic
water and sanitation supplies, decides, notwithstanding paragraph 3 of resolution
will not be submitted for approval of that Committee, except for items subject to
the provisions of resolution 1051 (1996), and will be notified to the Secretary-
General and financed in accordance with the provisions of paragraphs 8 (a) and 8
(b) of resolution 986 (1995), and requests the Secretary-General to inform the
Committee in a timely manner of all such notifications received and actions
taken;
9. Decides that from the funds produced pursuant to this resolution in the
escrow account established by paragraph 7 of resolution 986 (1995), up to a total
of 600 million US dollars may be used to meet any reasonable expenses, other
than expenses payable in Iraq, which follow directly from the contracts approved
in accordance with paragraph 2 of resolution 1175 (1998) and paragraph 18 of
resolution 1284 (1999), and expresses its intention to consider favourably the
renewal of this measure;
10. Decides that the funds in the escrow account which resulted from the
suspension in accordance with paragraph 20 of resolution 1284 (1999) shall be
used for the purposes set out in paragraph 8 (a) of resolution 986 (1995), and
further decides that paragraph 20 of resolution 1284 (1999) shall remain in force
and shall apply to the new 180-day period referred to in paragraph 1 above and
shall not be subject to further renewal;
11. Welcomes the efforts of the Committee established by resolution 661
(1990) to review applications expeditiously, and encourages the Committee to
make further efforts in that regard;
12. Calls upon the Government of Iraq to take all additional steps necessary
to implement paragraph 27 of resolution 1284 (1999), and further requests the
Secretary-General regularly to review and report on the implementation of these
measures;
13. Requests the Secretary-General to submit to the Committee established
by resolution 661 (1990) recommendations regarding the implementation of
paragraphs 1 (a) and 6 of resolution 986 (1995) to minimize the delay in the
payment of the full amount of each purchase of Iraqi petroleum and petroleum
products into the escrow account established by paragraph 7 of resolution
14. Requests the Secretary-General to submit to the Committee established
by resolution 661 (1990) recommendations regarding the utilization of excess
funds drawn from the account created by paragraph 8 (d) of resolution 986
(1995), in particular for the purposes set out in paragraphs 8 (a) and 8 (b) of that
resolution;
15. Urges all States, and in particular the Government of Iraq, to provide
their full cooperation in the effective implementation of this resolution;
16. Appeals to all States to continue to cooperate in the timely submission of
applications and the expeditious issue of export licences, facilitating the transit of
humanitarian supplies authorized by the Committee established by resolution 661
(1990), and to take all other appropriate measures within their competence in
order to ensure that urgently needed humanitarian supplies reach the Iraqi people
as rapidly as possible;
17. Stresses the need to continue to ensure respect for the security and safety
of all persons directly involved in the implementation of this resolution in Iraq;
18. Invites the Secretary-General to appoint independent experts to prepare
by 26 November 2000 a comprehensive report and analysis of the humanitarian
situation in Iraq, including the current humanitarian needs arising from that
situation and recommendations to meet those needs, within the framework of the
existing resolutions;
United Nations
Security Council
Distr.
GENERAL
S/RES/1330 (2000)
5 December 2000
Resolution 1330 (2000)
Adopted by the Security Council at its 4241st meeting, on
5 December 2000
The Security Council,
Recalling its previous relevant resolutions and in particular its resolutions 986
(1995) of 14 April 1995, 1111 (1997) of 4 June 1997, 1129 (1997) of 12
September 1997, 1143 (1997) of 4 December 1997, 1153 (1998) of 20 February
1998, 1175 (1998) of 19 June 1998, 1210 (1998) of 24 November 1998, 1242
(1999) of 21 May 1999, 1266 (1999) of 4 October 1999, 1275 (1999) of 19
November 1999, 1280 (1999) of 3 December 1999, 1281 (1999) of 10 December
1999, 1284 (1999) of 17 December 1999, 1293 (2000) of 31 March 2000 and
Convinced of the need as a temporary measure to continue to provide for the
humanitarian needs of the Iraqi people until the fulfilment by the Government of
Iraq of the relevant resolutions, including notably resolution 687 (1991) of 3 April
1991, allows the Council to take further action with regard to the prohibitions
referred to in resolution 661 (1990) of 6 August 1990, in accordance with the
provisions of those resolutions,
Convinced also of the need for equitable distribution of humanitarian supplies
to all segments of the Iraqi population throughout the country,
Determined to improve the humanitarian situation in Iraq,
Reaffirming the commitment of all Member States to the sovereignty and
territorial integrity of Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the provisions of resolution 986 (1995), except those
contained in paragraphs 4, 11 and 12 and subject to paragraph 15 of resolution
1284 (1999), shall remain in force for a new period of 180 days beginning at
2. Further decides that from the sum produced from the import by States of
petroleum and petroleum products originating in Iraq, including financial and
other essential transactions related thereto, in the 180-day period referred to in
paragraph 1 above, the amounts recommended by the Secretary-General in his
report of 1 February 1998 (S/1998/90) for the food/nutrition and health sectors
should continue to be allocated on a priority basis in the context of the activities
of the Secretariat, of which 13 per cent of the sum produced in the period referred
to above shall be used for the purposes referred to in paragraph 8 (b) of resolution
3. Requests the Secretary-General to continue to take the actions necessary
to ensure the effective and efficient implementation of this resolution, and to
continue to enhance as necessary the United Nations observation process in Iraq
including, within 90 days of the adoption of this resolution, to complete the
recruitment and placement in Iraq of a sufficient number of observers, in
particular the recruitment of the number of observers agreed between the
Secretary-General and the Government of Iraq, in such a way as to provide the
required assurance to the Council that the goods produced in accordance with this
resolution are distributed equitably and that all supplies authorized for
procurement, including dual usage items and spare parts, are utilized for the
purpose for which they have been authorized, including in the housing sector and
related infrastructure development;
4. Decides to conduct a thorough review of all aspects of the implementation of
this resolution 90 days after the entry into force of paragraph 1 above and again
prior to the end of the 180-day period, and expresses its intention,
prior to the end of the 180-day period, to consider favourably renewal of the
provisions of this resolution as appropriate, provided that the reports referred to in
paragraphs 5 and 6 below indicate that those provisions are being satisfactorily
implemented;
5. Requests the Secretary-General to provide a comprehensive report to the
Council 90 days after the date of entry into force of this resolution on its
implementation and again at least one week prior to the end of the 180-day
period,
on the basis of observations of United Nations personnel in Iraq, and of
consultations with the Government of Iraq, on whether Iraq has ensured the
equitable distribution of medicine, health supplies, foodstuffs, and materials and
supplies for essential civilian needs, financed in accordance with paragraph 8 (a)
of resolution 986 (1995), including in his reports any observations which he may
have on the adequacy of the revenues to meet Iraq’s humanitarian needs;
6. Requests the Committee established by resolution 661 (1990), in close
consultation with the Secretary-General, to report to the Council 90 days after the
entry into force of paragraph 1 above and prior to the end of the 180-day period
on
the implementation of the arrangements in paragraphs 1, 2, 6, 8, 9 and 10 of
resolution 986 (1995);
7. Decides that from the funds produced pursuant to this resolution in the
escrow account established by paragraph 7 of resolution 986 (1995), up to a total
of 600 million United States dollars may be used to meet any reasonable
expenses, other than expenses payable in Iraq, which follow directly from the
contracts approved in accordance with paragraph 2 of resolution 1175 (1998) and
paragraph 18 of resolution 1284 (1999), and expresses its intention to consider
favourably the renewal of this measure;
8. Expresses its readiness to consider, in the light of the cooperation of the
Government of Iraq in implementing all the resolutions of the Council, allowing a
sum of 15 million United States dollars drawn from the escrow account to be used
for the payment of the arrears in Iraq’s contribution to the budget of the United
Nations, and considers that this sum should be transferred from the account
created pursuant to paragraph 8 (d) of resolution 986 (1995);
9. Requests the Secretary-General to take the necessary steps to transfer the
excess funds drawn from the account created pursuant to paragraph 8 (d) of
resolution 986 (1995) for the purposes set out in paragraph 8 (a) of resolution 986
(1995) in order to increase the funds available for humanitarian purchases,
including as appropriate the purposes referred to in paragraph 24 of resolution
on the basis of proposals from the Secretary-General, lists of basic electricity and
housing supplies consistent with the priority given to the most vulnerable groups
in Iraq, decides, notwithstanding paragraph 3 of resolution 661 (1990) and
paragraph 20 of resolution 687 (1991), that supplies of these items will not be
submitted for approval of that Committee, except for items subject to the
provisions of resolution 1051 (1996), and will be notified to the Secretary-
General and financed in accordance with the provisions of paragraphs 8 (a) and 8
(b) of resolution 986 (1995), requests the Secretary-General to inform the
Committee in a timely manner of all such notifications received and actions taken,
and expresses its readiness to consider such action with regard to lists of further
supplies, in particular in the transport and telecommunications sectors;
11. Requests the Secretary-General to expand and update, within 30 days of
the adoption of this resolution, the lists of humanitarian items submitted in
accordance with paragraph 17 of resolution 1284 (1999) and paragraph 8 of
resolution 1302 (2000), directs the Committee established by resolution 661
(1990) to approve expeditiously the expanded lists, decides that supplies of these
items will not be submitted for approval of the Committee established by
resolution 661 (1990), except for items subject to the provisions of resolution
1051 (1996), and will be notified to the Secretary-General and financed in
accordance with the provisions of paragraphs 8 (a) and 8 (b) of resolution 986
(1995), and requests the Secretary-General to inform the Committee in a timely
manner of all such notifications received and actions taken;
12. Decides that the effective deduction rate of the funds deposited in the
escrow account established by resolution 986 (1995) to be transferred to the
Compensation Fund in the 180-day period shall be 25 per cent, further decides
that the additional funds resulting from this decision will be deposited into the
account established under paragraph 8 (a) of resolution 986 (1995) to be used for
strictly humanitarian projects to address the needs of the most vulnerable groups
in Iraq as referred to in paragraph 126 of the report of the Secretary-General of 29
November 2000 (S/2000/1132), requests the Secretary-General to report on the
use of these funds in his reports referred to in paragraph 5 above, and expresses
its intention to establish a mechanism to review, before the end of the 180-day
period, the effective deduction rate of the funds deposited in the escrow account
to be transferred to the Compensation Fund in future phases, taking into account
the key elements of the humanitarian needs of the Iraqi people;
13. Urges the Committee established by resolution 661 (1990) to review
applications in an expeditious manner, to decrease the level of applications on
hold and to continue to improve the approval process of applications, and in this
regard stresses the importance of the full implementation of paragraph 3 above;
including the Central Bank of Iraq, and the Secretariat, to take steps to minimize
the problems identified in the report of the Secretary-General of 29 November
subject to the approval of the Council, to allow funds deposited in the escrow
account established by resolution 986 (1995) to be used for the purchase of
locally
produced goods and to meet the local cost for essential civilian needs which have
been funded in accordance with the provisions of resolution 986 (1995) and
related resolutions, including, where appropriate, the cost of installation and
training services, and further requests the Secretary-General to make the
necessary arrangements, subject to the approval of the Council, to allow funds up
to 600 million euros deposited in the escrow account established by resolution
986 (1995) to be used for the cost of installation and maintenance, including
training services, of the equipment and spare parts for the oil industry which have
been funded in accordance with the provisions of resolution 986 (1995) and
related resolutions, and calls upon the Government of Iraq to cooperate in the
implementation of all such arrangements;
16. Urges all States, and in particular the Government of Iraq, to provide
their full cooperation in the effective implementation of this resolution;
17. Calls upon the Government of Iraq to take the remaining steps necessary
to implement paragraph 27 of resolution 1284 (1999), and further requests the
Secretary-General to include in his reports under paragraph 5 above a review of
the progress made by the Government of Iraq in the implementation of these
measures;
18. Requests also the Secretary-General to prepare a report as expeditiously
as possible but no later than 31 March 2001 for the Committee established by
resolution 661 (1990) containing proposals for the use of additional export routes
for petroleum and petroleum products, under appropriate conditions otherwise
consistent with the purpose and provisions of resolution 986 (1995) and related
resolutions, and particularly addressing the possible pipelines that might be
utilized as additional export routes;
19. Reiterates its request in paragraph 8 of resolution 1284 (1999) to the
Executive Chairman of the United Nations Monitoring, Verification and
Inspection Commission and to the Director General of the International Atomic
Energy Agency to complete by the end of this period the revision and updating of
the lists of items and technology to which the import/export mechanism approved
by resolution 1051 (1996) applies;
20. Stresses the need to continue to ensure respect for the security and safety
of all persons directly involved in the implementation of this resolution in Iraq,
and calls upon the Government of Iraq to complete its investigation into the death
of employees of the Food and Agriculture Organization and to forward it to the
Council;
21. Appeals to all States to continue to cooperate in the timely submission of
applications and the expeditious issue of export licences, facilitating the transit of
humanitarian supplies authorized by the Committee established by resolution 661
(1990), and to take all other appropriate measures within their competence in
order to ensure that urgently needed humanitarian supplies reach the Iraqi people
as rapidly as possible;
United Nations
Security Council
Distr.
GENERAL
S/RES/1352 (2001)
1 June 2001
Resolution 1352 (2001)
Adopted by the Security Council at its 4324th meeting, on
1 June 2001
The Security Council,
Recalling its previous relevant resolutions, including its resolutions 986 (1995)
of 14 April 1995, 1284 (1999) of 17 December 1999 and 1330 (2000) of
Convinced of the need, as a temporary measure, to provide for the civilian
needs of the Iraqi people until the fulfilment by the Government of Iraq of the
relevant resolutions, including notably resolutions 687 (1991) of 3 April 1991 and
1284 (1999), allows the Council to take further action with regard to the
prohibitions referred to in resolution 661 (1990) of 6 August 1990, in accordance
with the provisions of those resolutions,
Recalling the Memorandum of Understanding between the United Nations and
the Government of Iraq of 20 May 1996 (S/1996/356),
Determined to improve the humanitarian situation in Iraq,
Reaffirming the commitment of all Member States to the sovereignty and
territorial integrity of Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides to extend the provisions of resolution 1330 (2000) until 3 July
2. Expresses its intention to consider new arrangements for the sale or
supply of commodities and products to Iraq and for the facilitation of civilian
trade and economic cooperation with Iraq in civilian sectors, based on the
following principles;
(a) that such new arrangements will improve significantly the flow of
commodities and products to Iraq, other than commodities and products referred
to in paragraph 24 of resolution 687 (1991), and subject to review by the
Committee established by resolution 661 (1990) of the proposed sale or supply to
Iraq of commodities and products on a Goods Review List to be elaborated by the
Council;
(b) that such new arrangements will improve the controls to prevent the sale
or supply of items prohibited or unauthorized by the Council, in the categories
referred to in paragraph 2 (a) above, and to prevent the flow of revenues to Iraq
outside the escrow account established pursuant to paragraph 7 of resolution 986
(1995) from the export of petroleum and petroleum products from Iraq, and also
expresses its intention to adopt and implement such new arrangements, and
provisions on various related issues under discussion in the Council, for a period
of 190 days beginning at 00.01 hours on 4 July 2001;
United Nations
Security Council
Distr.
GENERAL
S/RES/1360 (2001)
3 July 2001
Resolution 1360 (2001)
Adopted by the Security Council at its 4344th meeting, on
3 July 2001
The Security Council,
Recalling its previous relevant resolutions, including its resolution 986 (1995)
of 14 April 1995, 1284 (1999) of 17 December 1999, 1330 (2000) of 5 December
2000 and 1352 (2001) of 1 June 2001, as they relate to the improvement of the
humanitarian programme for Iraq,
Convinced of the need as a temporary measure to continue to provide for the
humanitarian needs of the Iraqi people until the fulfilment by the Government of
Iraq of the relevant resolutions, including notably resolution 687 (1991) of 3 April
1991, allows the Council to take further action with regard to the prohibitions
referred to in resolution 661 (1990) of 6 August 1990, in accordance with the
provisions of those resolutions,
Convinced also of the need for equitable distribution of humanitarian supplies
to all segments of the Iraqi population throughout the country,
Determined to improve the humanitarian situation in Iraq,
Reaffirming the commitment of all Member States to the sovereignty and
territorial integrity of Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the provisions of resolution 986 (1995), except those
contained in paragraphs 4, 11 and 12 and subject to paragraph 15 of resolution
1284 (1999), shall remain in force for a new period of 150 days beginning at
2. Further decides that from the sum produced from the import by States of
petroleum and petroleum products originating in Iraq, including financial and
other essential transactions related thereto, in the 150-day period referred to in
paragraph 1 above, the amounts recommended by the Secretary-General in his
report of 1 February 1998 (S/1998/90) for the food/nutrition and health sectors
should continue to be allocated on a priority basis in the context of the activities
of the Secretariat, of which 13 per cent of the sum produced in the period referred
to above shall be used for the purposes referred to in paragraph 8 (b) of resolution
3. Requests the Secretary-General to continue to take the actions necessary
to ensure the effective and efficient implementation of this resolution, and to
continue to enhance as necessary the United Nations observation process in Iraq
in
such a way as to provide the required assurance to the Council that the goods
produced in accordance with this resolution are distributed equitably and that all
supplies authorized for procurement, including dual usage items and spare parts,
are utilized for the purpose for which they have been authorized, including in the
housing sector and related infrastructure development;
4. Decides to conduct a thorough review of all aspects of the implementation of
this resolution 90 days after the entry into force of paragraph 1 above
and again prior to the end of the 150-day period, and expresses its intention,
prior to the end of the 150-day period, to consider favourably renewal of the
provisions of this resolution as appropriate, provided that the reports referred to in
paragraphs 5 and 6 below indicate that those provisions are being satisfactorily
implemented;
5. Requests the Secretary-General to provide a comprehensive report to the
Council 90 days after the date of entry into force of this resolution on its
implementation and again at least one week prior to the end of the 150-day
period,
on the basis of observations of United Nations personnel in Iraq, and of
consultations with the Government of Iraq, on whether Iraq has ensured the
equitable distribution of medicine, health supplies, foodstuffs, and materials and
supplies for essential civilian needs, financed in accordance with paragraph 8 (a)
of resolution 986 (1995), including in his reports any observations which he may
have on the adequacy of the revenues to meet Iraq’s humanitarian needs;
6. Requests the Committee established by resolution 661 (1990), in close
consultation with the Secretary-General, to report to the Council 90 days after the
entry into force of paragraph 1 above and prior to the end of the 150-day period
on
the implementation of the arrangements in paragraphs 1, 2, 6, 8, 9 and 10 of
resolution 986 (1995);
7. Decides that from the funds produced pursuant to this resolution in the
escrow account established by paragraph 7 of resolution 986 (1995), up to a total
of 600 million United States dollars may be used to meet any reasonable
expenses, other than expenses payable in Iraq, which follow directly from the
contracts approved in accordance with paragraph 2 of resolution 1175 (1998) of
19 June 1998 and paragraph 18 of resolution 1284 (1999), and expresses its
intention to consider favourably the renewal of this measure;
8. Requests the Secretary-General to take the necessary steps to transfer the
excess funds drawn from the account created pursuant to paragraph 8 (d) of
resolution 986 (1995) for the purposes set out in paragraph 8 (a) of resolution 986
(1995) in order to increase the funds available for humanitarian purchases,
including as appropriate the purposes referred to in paragraph 24 of resolution
9. Decides that the effective deduction rate of the funds deposited in the
escrow account established by resolution 986 (1995) to be transferred to the
Compensation Fund in the 150-day period shall be 25 per cent, further decides
that the additional funds resulting from this decision will be deposited into the
account established under paragraph 8 (a) of resolution 986 (1995) to be used for
strictly humanitarian projects to address the needs of the most vulnerable groups
in Iraq as referred to in paragraph 126 of the report of the Secretary-General of 29
November 2000 (S/2000/1132), requests the Secretary-General to report on the
use of these funds in his reports referred to in paragraph 5 above, and expresses
its intention to establish a mechanism to review, before the end of the 150-day
period, the effective deduction rate of the funds deposited in the escrow account
to be transferred to the Compensation Fund in future phases, taking into account
the key elements of the humanitarian needs of the Iraqi people;
10. Urges all States, and in particular the Government of Iraq, to provide
their full cooperation in the effective implementation of this resolution;
11. Calls upon the Government of Iraq to take the remaining steps necessary
to implement paragraph 27 of resolution 1284 (1999), and further requests the
Secretary-General to include in his reports under paragraph 5 above a review of
the progress made by the Government of Iraq in the implementation of these
measures;
12. Stresses the need to continue to ensure respect for the security and safety
of all persons directly involved in the implementation of this resolution in Iraq;
13. Appeals to all States to continue to cooperate in the timely submission of
applications and expeditious issue of export licences, facilitating the transit of
humanitarian supplies authorized by the Committee established by resolution 661
(1990), and to take all other appropriate measures within their competence in
order to ensure that urgently needed humanitarian supplies reach the Iraqi people
as rapidly as possible;
United Nations
Security Council
Distr.
GENERAL
S/RES/1382 (2001)
29 November 2001
Resolution 1382 (2001)
Adopted by the Security Council at its 4431st meeting, on
29 November 2001
The Security Council,
Recalling its previous relevant resolutions, including its resolutions 986 (1995)
of 14 April 1995, 1284 (1999) of 17 December 1999, 1352 (2001) of 1 June 2001
and 1360 (2001) of 3 July 2001, as they relate to the improvement of the
humanitarian programme for Iraq,
Convinced of the need as a temporary measure to continue to provide for the
civilian needs of the Iraqi people until the fulfilment by the Government of Iraq of
the relevant resolutions, including notably resolutions 687 (1991) on 3 April 1991
and 1284 (1999), allows the Council to take further action with regard to the
prohibitions referred to in resolution 661 (1990) of 6 August 1990 in accordance
with the provisions of these resolutions,
Determined to improve the humanitarian situation in Iraq,
Reaffirming the commitment of all Member States to the sovereignty and
territorial integrity of Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the provisions of resolution 986 (1995), except those
contained in paragraphs 4, 11 and 12 and subject to paragraph 15 of resolution
shall remain in force for a new period of 180 days beginning at 0001 hours,
Eastern Standard Time, on 1 December 2001;
2. Notes the proposed Goods Review List (as contained in Annex 1 to this
resolution) and the procedures for its application (as contained in Annex 2 to this
resolution) and decides that it will adopt the List and the procedures, subject to
any refinements to them agreed by the Council in light of further consultations,
for
implementation beginning on 30 May 2002;
and subsequent relevant resolutions, to prevent the sale or supply to Iraq of any
commodities or products, including weapons or any other military equipment, and
to prevent the making available to Iraq of any funds or any other financial or
economic resources, except as authorized by existing resolutions;
4. Stresses the obligation of Iraq to cooperate with the implementation of
this resolution and other applicable resolutions, including by respecting the
security and safety of all persons directly involved in their implementation;
5. Appeals to all States to continue to cooperate in the timely submission of
technically complete applications and the expeditious issuing of export licences,
and to take all other appropriate measures within their competence in order to
ensure that urgently needed humanitarian supplies reach the Iraqi population as
rapidly as possible;
6. Reaffirms its commitment to a comprehensive settlement on the basis of
the relevant resolutions of the Security Council, including any clarification
necessary for the implementation of resolution 1284 (1999);
7. Decides that, for the purposes of this resolution, references in resolution
1360 (2001) to the 150-day period established by that resolution shall be
interpreted to refer to the 180-day period established pursuant to paragraph 1
above;
Annex 1
06/29/01
Proposed Goods Review List (GRL)
(Note: Arms and munitions are prohibited under UNSCR 687, para. 24 and thus
are not included on the review list.)
A. Items subject to the provisions of UNSCR 1051 (1996).
B. The List contained in document S/2001/1120, annex (to the extent, if any, the
items on these lists are not covered by UNSCR 687, para. 24). The list includes
the following general categories and includes clarifying notes and statements of
understanding: (1) advanced materials; (2) materials processing; (3) electronics;
(4) computers; (5) telecommunications and information security; (6) sensors and
lasers; (7) navigation and avionics; (8) marine; and (9) propulsion.
C. The following individual items, as further described in the annex:
Command, Control, Communication and Simulation
Sensors, Electronic Warfare, and Night Vision
Aircraft and Related Items
6. Non-civil certified aircraft; all aero gas turbine engines; unmanned aerial
vehicles; and parts and components.
Naval-related Items
8. Air independent propulsion (AIP) engines and fuel cells specially designed for
underwater vehicles, and specially designed components therefor.
Explosives
10. Charges and devices specially designed for civil projects, and containing
small
quantities of energetic materials.
Missile-Related Items
Conventional Weapons Manufacturing
Heavy Military Transport
13. Low-bed trailers/loaders with a carrying capacity greater than 30 metric
tonnes
and width equal to or greater than 3 meters.
Biological Weapons Equipment
06/29/01
Annex to Proposed Goods Review List (GRL)
Technical Parameters for Individual Items
#1. Specific advanced telecommunication equipment
a. Any type of telecommunications equipment, specially designed to operate
outside the temperature range from 218 K (-55/ C) to 397 K (124/ C);
b. Phased array antennae, containing active elements and distributed components,
and designed to permit electronic control of beam shaping and pointing, except
for landing systems with instruments meeting International Civil Aviation
Organization (ICAO) standards (microwave landing systems (MLS));
c. Radio relay communications equipment designed for use at frequencies of 7.9
through 10.55 GHz or exceeding 40 GHz and assemblies and components
therefor;
d. Optical fiber cables of more than 5 meters in length, and preforms or drawn
fibers of glass or other materials optimized for manufacture and use as optical
telecommunications transmission medium. Optical terminals and optical
amplifiers;
e. Software specially designed for the development or production of the
components or equipment in a-d above;
f. Technology for the development, design or production of the components,
software, or equipment in a-d above.
#2. Information security equipment
Information security equipment having any of the following characteristics:
a. a symmetric encryption algorithm;
b. an asymmetric encryption algorithm;
c. a discrete-log encryption algorithm;
d. analog encryption or scrambling;
e. TCSEC Bl, B2, B3, or Al or equivalent Multilevel Secure (MLS) computer
systems;
f. Software specially designed for the development or production of a-a above;
g. Technology for the development, design or production of a-a above.
Note 1: This entry does not require review of items that meet all of the following:
a. Generally available to the public, by being sold, without restriction, from stock
at retail selling points by means of any of the following:
a.l. Over the counter transactions;
a.2. Mail order transactions;
a.3. Electronic transactions;
a.4. Telephone call transactions;
b. The cryptographic functionality cannot easily be changed by the user;
c. Designed for installation by the user without further substantial support by the
supplier; and
d. When necessary, details of the items are accessible and will be provided, upon
request, to the appropriate authority in the exporter’s country in order to ascertain
compliance with conditions described in paragraphs a-c above.
Note 2: This item does not require review of:
a. Personalized smart cards where the cryptographic capability is restricted for
use in equipment or systems excluded from control under entries b-f of this note.
If a personalized smart card has multiple functions, the control status of each
function is addressed individually;
b. Receiving equipment for radio broadcast, pay television, or similar restricted
audience broadcast of the consumer type, without digital encryption except that
exclusively used for sending the billing or program-related information back to
the broadcast providers;
c. Equipment where the cryptographic capability is not user-accessible and which
is specially designed and limited to allow any of the following:
c.l. Execution of copy-protected software;
c.2. Access to any of the following:
c.2.a. Copy-protected contents stored on read-only media; or
c.2.b.Information stored in encrypted form on media (e.g. in
connection with intellectual property rights) where the media is
offered for sale in identical sets to the public; or
c.2.c. One-time copying of copyright-protected audio/video data.
d. Cryptographic equipment specially designed and limited for banking use or
money transactions;
Technical Note: “Money transactions” includes the collection and settlement of
fares or credit functions.
e. Portable or mobile radiotelephones for civil use (e.g. for commercial civil
cellular radiocommunications systems) that are not capable of end-to-end
encryption;
f. Cordless telephone equipment not capable of end-to-end encryption where the
maximum effective range of unboosted cordless operation (i.e., a single,
unrelayed
hop between terminal and home basestation) is less than 400 meters according to
the manufacturer’s specifications.
#3. Specialized electronic instrumentation and test equipment
a. Signal analysers from 4 through 31 GHz;
b. Microwave test receivers from 4 through 40 GHz;
c. Network analysers from 4 through 40 GHz;
d. Signal generators from 4 through 31 GHz;
e. Travelling wave tubes, pulsed or continuous wave, as follows:
e.1. Coupled cavity tubes, or derivatives thereof;
e.2. Helix tubes, or derivatives thereof, with any of the following:
e.2.a.l. An instantaneous bandwidth of half an octave or more; and
e.2.a.2. The product of the rated average output power (expressed in kW)
and the maximum operating frequency (expressed in GHz) of more than
e.2.b.1. An instantaneous bandwidth of less than half an octave; and
e.2.b.2. The product of the rated average output power (expressed in kW)
and the maximum operating frequency (expressed in GHz) of more than
f. Equipment specially designed for the manufacture of electron tubes, optical
elements and specially designed components therefor;
g. Hydrogen/hydrogen-isotope thyratrons of ceramic-metal construction and rate
for a peak current of 500 A or more;
h. Digital instrumentation data recorders having any of the following
characteristics:
h.l. A maximum digital interface transfer rate exceeding 175 Mbit/s; or
h.2. Space qualified.
i. Radiation and radioisotope detection and simulation equipment, analysers,
software, and Nuclear Instrumentation Module (NIM) componentry and
mainframes;
j. Software specially designed for the development or production of the
components or equipment in a-i above;
k. Technology for the development, design or production of the components or
equipment in a-i above.
Note: Items a-e do not require review when contained in contracts for civil
telecommunications projects, including ongoing maintenance, operation, and
repair of the system, certified for civil use by the supplier government.
#4. Image intensifier night vision systems, tubes, and components
a. Night vision systems (i.e., cameras or direct view imaging equipment) using an
image intensifier tube that utilizes a microchannel plate (MCP) and an S-20, S-25,
GaAs, or GaInAs photocathode.
b. Image intensifier tubes that utilize a microchannel plate (MCP) and an S-20,
S-25, GaAs, or GsINAs photocathode with a sensitivity of 240 micro Amps per
lumen and below:
c. Microchannel plates of 15 micrometers and above.
d. Software specially designed for the development or production of the
components or equipment in a-c above;
e. Technology for the development, design or production of the components or
equipment in a-c above.
#5. Specialized radar equipment
a. All airborne radar equipment and specially designed components therefor, not
including radars specially designed for meteorological use or Mode 3, Mode C,
and Mode S civilian air traffic control equipment specially designed to operate
only in the 960-1215 MHz band;
Note: This entry does not require initial review of airborne radar equipment
installed as original equipment in civil-certified aircraft operating in Iraq.
b. All ground-based primary radar systems that are capable of aircraft detection
and tracking.
c. Software specially designed for the development or production of the
components or equipment in a and b above;
d. Technology for the development, design or production of the components or
equipment in a and b above.
#6. Non-civil certified aircraft; all aero gas turbine engines; unmanned aerial
vehicles; and parts and components
a. Non-civil certified aircraft and specially designed parts and components
therefor. This does not include parts and components solely designed to
accommodate a carrying of passengers including seats, food services,
environmental conditioning, lighting systems, and passenger safety devices.
Note: Civil certified aircraft consist of aircraft that have been certified for general
civil use by the civil aviation authorities of the original equipment manufacturer’s
government.
b. All gas turbine engines except those designed for stationary power generation
applications, and specially designed parts and components therefor.
c. Unmanned aerial vehicles and parts and components therefor with any of the
following characteristics:
c.l. Capable of autonomous operation;
c.2. Capable of operating beyond line of sight;
c.3. Incorporating a satellite navigation receiver (i.e. GPS);
c.4. A gross take-off weight greater than 25 kg (55 pounds).
d. Parts and components for civil-certified aircraft (not including engines).
Note 1: This does not include parts and components for normal maintenance of
non-Iraqi owned or leased civil-certified aircraft that were originally qualified or
certified by the original equipment manufacturer for that aircraft.
Note 2: For Iraqi-owned or leased civil aircraft, review of parts and components
for normal maintenance is not required if the maintenance is performed in a
country other than Iraq.
Note 3: For Iraqi-owned or leased aircraft, parts and components are subject to
review except for equivalent one-for-one replacement of parts and components
that have been certified or qualified by the original equipment manufacturer for
use on that aircraft.
Note 4: Any specially designed parts or components that improve the
performance
of the aircraft remain subject to review. e. Technology, including software, for the
design, development and production of equipment and parts/components for the
items in sub-items a-d above.
#9. Marine acoustic equipment
a. Marine acoustic systems, equipment and specially designed components
therefor, as follows:
a.l. Active (transmitting or transmitting-and-receiving) systems, equipment and
specially designed components therefor, as follows:
a.l.a. Wide-swath bathymetric survey systems designed for sea bed topographic
mapping designed to measure depths less than 600 m below the water surface
a.2. Passive (receiving, whether or not related in normal application to separate
active equipment) systems, equipment and specially designed components thereof
as follows:
a.2.a. Hydrophones with sensitivity better than minus 220 Db at any depth with
no acceleration’ compensation;
a.2.b. Towed acoustic hydrophone arrays designed or able to be modified to
operate at depths exceeding 15 meters but not exceeding 35 meters.
a.2.b.1. Heading sensors with an accuracy better than +/- 0.5 degrees.
a.2.c. Processing equipment specially designed for towed acoustic hydrophone
arrays.
a.2.d. Processing equipment, specially designed for bottom or bay cable
systems.
b. Correlation-velocity sonar log equipment designed to measure the horizontal
speed of the equipment carrier relative to the seabed.
Technical Note: Hydrophone sensitivity is defined as twenty times the logarithm
to the base 10 of the ratio of rms output voltage to a 1 V rms reference, when the
hydrophone sensor, without a pre-amplifier, is placed in a plane wave acoustic
field with an rms pressure of 1 p2a. For example, a hydrophone of -160 Db,
reference 1 V per uPa) -180 Db.
#10. Charges and devices specially designed for civil projects, and containing
small quantities of the following energetic materials:
(octogen, octogene);
5. Dinitroglycoluril (DNGU, DINGU) (CPS 55510-04-81: tetranitroglycoluril
(TNGU, SORGUYL) (CAS 55510-03-7);
l0. Cyclotrimethylenetrinitramine (RDX) (CAS 121-82-4); cyclonite; T4;
hexahydro-1,3,5-trinitro-1, 3, 5-triazine; 1, 3, 5-trinitro-1, 3, 5-triazacyclohexane
(hexogen, hexogene);
amino dinitrobenzofuroxan;
14. 5,7-diamino-4,6-dinitrobenzofurazane-l-oxide (CAS 117907-74-1), (CL-14 or
diamino dinitrobenzofuroxan);
16. 2,4,6,8-tetran.itro-2,4,6,8-tetraazabicyclo
[3,3,0]-octanone-3 (CAS 130256-72-3)
(tetranitrosemiglycouril, K-55 or keto-bicyclic HMX);
19. Hexanitrohexaazaisowurtzitane (CAS 135285-90-4) (CL-20 or HNIW); and
chlathrates of CL-20;
21. Any explosive with a detonation velocity exceeding 8,700 m/s or a detonation
pressure exceeding 34 GPa (340 kbar);
or
more that will remain stable at temperatures of 523 K (250/C) or higher for
periods of 5 minutes or longer;
23. Any other United Nations (UN) Class 1.1 solid propellant with a theoretical
specific impulse (under standard conditions) of more than 250 s for
nonmetallized, or more than 270 s for aluminized compositions; and
24. Any UN Class 1.3 solid propellant with a theoretical specific impulse of more
than 230 s for non-halogenised, 250 s for non-metallized and 266 s for
metallized compositions.
Note: When not part of a charge or device specifically designed for civil
projects in small quantities, the energetic materials above are considered
military items and are subject to UNSCR 687, para. 24.
#11. Specialized vibration test equipment
Vibration test equipment and specially designed parts and components capable of
simulating flight conditions of less than 15,000 meters. a. Software specially
designed for the development or production of the components or equipment
above;
b. Technology for the development, design or production of the components or
equipment above.
#12. Specialized semiconductor manufacturing equipment
a. Items specially designed for the manufacture, assembly, packaging, test, and
design of semiconductor devices, integrated circuits and assemblies with a
minimum feature size of 1.0 micrometers, including:
a.l. Equipment and materials for plasma etch, chemical vapor deposition
(CVD), lithography, mask lithography, masks, and photoresists.
a.2. Equipment specially designed for ion implantation, ion-enhanced or
photoenhanced diffusion, having any of the following characteristics:
a.2.a. Beam energy (accelerating voltage) exceeding 200 keV; or
a.2.b. Optimized to operate at a beam energy (accelerating voltage) of
less than 10 keV.
a.3. Surface finishing equipment for the processing of semiconductor wafers as
follows:
a.3.a. Specially designed equipment for backside processing of wafers
thinner than 100 micrometer and the subsequent separation thereof; or
a.3.b. Specially designed equipment for achieving a surface roughness of
the active surface of a processed wafer with a two-sigma value of 2 micrometer or
less, total indicator reading (TIR) ;
a.4. Equipment, other than general-purpose computers, specially designed for
computer aided design (CAD) of semiconductor devices or integrated circuits;
a.5.
Equipment for the assembly of integrated circuits, as follows:
a.5.a. Stored program controlled die bonders having all of the following
characteristics:
a.5.a.l. Specially designed for hybrid integrated circuits;
a.5.a.2. X-Y stage positioning travel exceeding 37.5 x 37.5 mm; and
a.5.a.3. Placement accuracy in the X-Y plane of finer than + 10
micrometer;
a.5.b. Stored program controlled equipment for producing multiple bonds in a
single operation (e.g., beam lead bonders, chip carrier bonders, tape bonders);
a.5.c. Semi-automatic or automatic hot cap sealers, in which the cap is heated
locally to a higher temperature than the body of the package, specially designed
for ceramic microcircuit packages and that have a throughput equal to or more
than one package per minute.
b. Software specially designed for the development or production of the
components or equipment in a. above;
c. Technology for the development, design or. production of the components or
equipment in a. above-
#14. Certain Biological Equipment
a. Equipment for the microencapsulation of live microorganisms and toxins in the
range of 1-15 micron particle size, to include interfacial polycondensors and
phase
separators.
Annex 2
Procedures
1. Applications for each export of commodities and products should be
forwarded to the Office of the Iraq Programme (OIP) by the exporting States
through permanent or observer missions, or by United Nations agencies and
programmes. Each application should include technical specifications and end-
user information in order for a determination to be made on whether the contract
contains any item referred to in paragraph 24 of resolution 687 (1991) or any item
on the Goods Review List (GRL). A copy of the concluded contractual
arrangements should be attached to the application.
2. Each application and the concluded contractual arrangements will be
reviewed by customs experts in the OIP and experts from UNMOVIC, consulting
the IAEA as necessary, in order to determine whether the contract contains any
item referred to in paragraph 24 of resolution 687 (1991) or included on the GRL.
The OIP will identify an official to act as a contact point on each contract.
3. In order to verify that the conditions set out in paragraph 2 above are
met, the experts may request additional information from the exporting States or
Iraq. The exporting States or Iraq should provide the additional information
requested within a period of 60 days. If the experts do not require any additional
information within four working days, the procedure under paragraphs 5, 6 and 7
below applies.
4. If the experts determine that the exporting State or Iraq has not provided
the additional information within the period set out in paragraph 3 above, the
application will not proceed further until the necessary information has been
provided.
5. If the UNMOVIC experts, consulting the IAEA as necessary, determine
that the contract contains any item referred to in paragraph 24 of resolution 687
(1991), the application shall be considered lapsed and returned to mission or
agency which submitted it.
6. If the UNMOVIC experts, consulting the IAEA as necessary, determine
that the contract contains any item referred to in the GRL, they will forward to the
Committee full details of the GRL listed items, including the technical
specifications of the items and the associated contract. In addition, OIP and
UNMOVIC, consulting the IAEA as necessary, shall provide to the Committee an
assessment of the humanitarian, economic and security implications, of the
approval or denial of the GRL listed items, including the viability of the whole
contract in which the GRL listed item appears and the risk of diversion of the item
for military purposes. OIP shall also provide information on the possible end-use
monitoring of such items. OIP will immediately inform the missions or agencies
concerned. The remaining items in the contract, which are determined as not
included in the GRL, will be processed according to the procedure in paragraph 7
below.
7. If the UNMOVIC experts, consulting the IAEA as necessary, determine
that the contract does not contain any item referred to in paragraph 2 above, the
Office of the Iraq Programme will inform immediately the Government of Iraq
and the exporting State in written form. The exporter will be eligible for payment
upon verification by Cotecna that the goods have arrived as contracted in Iraq.
8. If the mission or agency submitting a contract disagrees with the decision
to refer the contract to the Committee, it may appeal against this decision within
two business days to the Executive Director of OIP. In that event, the Executive
Director of OIP, in consultation with the Executive Chairman of UNMOVIC, will
appoint experts to reconsider the contract in accordance with the procedures set
out above. Their decision, endorsed by the Executive Director and Executive
Chairman, will be final and no further appeals will be permitted. The application
shall not be forwarded to the Committee until the appeal period has expired
without an appeal being filed.
9. Experts from OIP and UNMOVIC who review contracts should be drawn
from the broadest possible geographical base.
10. The Secretariat will report to the Committee at the end of each 180-day
phase on the contracts submitted and approved for export to Iraq during this
period and provide to any member of the Committee at the member’s request
copies of applications for information purposes only.
11. Any Committee member may call for an urgent meeting of the
Committee to consider revising or revoking these procedures. The Committee will
keep these procedures under review and, in light of experience, will amend them
as appropriate.
United Nations
Security Council
Distr.
GENERAL
S/RES/1409 (2002)
14 May 2002
Resolution 1409 (2002)
Adopted by the Security Council at its 4531st meeting, on
14 May 2002
The Security Council,
Recalling its previous relevant resolutions, including resolutions 986 (1995) of
1360 (2001) of 3 July 2001, and 1382 (2001) of 29 November 2001, as they relate
to the improvement of the humanitarian programme for Iraq,
Convinced of the need as a temporary measure to continue to provide for the
civilian needs of the Iraqi people until the fulfilment by the Government of Iraq of
the relevant resolutions, including notably resolutions 687 (1991) of 3 April 1991
and 1284 (1999), allows the Council to take further action with regard to the
prohibitions referred to in resolution 661 (1990) of 6 August 1990 in accordance
with the provisions of these resolutions,
Recalling its decision in resolution 1382 (2001) to adopt the proposed Goods
Review List and procedures for its application annexed to resolution 1382 (2001),
subject to any refinements to them agreed by the Council in light of further
consultations, for implementation beginning on 30 May 2002,
Determined to improve the humanitarian situation in Iraq,
Reaffirming the commitment of all Member States to the sovereignty and
territorial integrity of Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the provisions of resolution 986 (1995), except those
contained in paragraphs 4, 11 and 12, and the provisions of paragraphs 2, 3 and 5
to 13 of resolution 1360 (2001), and subject to paragraph 15 of resolution 1284
(1999) and the other provisions of this present resolution, shall remain in force for
a new period of 180 days beginning at 0001 hours, Eastern Daylight Time, on 30
May 2002;
2. Decides to adopt the revised Goods Review List (S/2002/515) and the
revised attached procedures for its application for implementation beginning at
humanitarian programme in Iraq as referred to in resolution 986 (1995) and other
relevant resolutions;
3. Authorizes States, beginning at 0001 hours, Eastern Daylight Time, on 30
May 2002, to permit, notwithstanding the provisions of paragraph 3 of resolution
661 (1990) and subject to the procedures for the application of the Goods Review
List (S/2002/515), the sale or supply of any commodities or products other than
commodities or products referred to in paragraph 24 of resolution 687 (1991) as it
relates to military commodities and products, or military-related commodities or
products covered by the Goods Review List (S/2002/515) pursuant to paragraph
24 of resolution 687 (1991) whose sale or supply to Iraq has not been approved
by the Committee established pursuant to resolution 661 (1990);
4. Decides that, beginning at 0001 hours, Eastern Daylight Time, on 30 May
2002, the funds in the escrow account established pursuant to paragraph 7 of
resolution 986 (1995) may also be used to finance the sale or supply to Iraq of
those commodities or products that are authorized for sale or supply to Iraq under
paragraph 3 above, provided that the conditions of paragraph 8 (a) of resolution
5. Decides to conduct regularly thorough reviews of the Goods Review List
and the procedures for its implementation and to consider any necessary
adjustment and further decides that the first such review and consideration of
necessary adjustment shall be conducted prior to the end of the 180-day period
established pursuant to paragraph 1 above;
6. Decides that, for the purposes of this resolution, references in resolution
1360 (2001) to the 150-day period established by that resolution shall be
interpreted to refer to the 180-day period established pursuant to paragraph 1
above;
7. Requests that the Secretary-General and the Committee established
pursuant to resolution 661 (1990) submit at least two weeks prior to the end of the
180-day period the reports referred to in paragraphs 5 and 6 of resolution 1360
(2001);
8. Requests the Secretary-General, in consultation with interested parties, to
submit an assessment report on the implementation of the Goods Review List and
its procedures by the end of the next period of implementation of resolution 986
(1995) beginning on 30 May 2002 and to include in the report recommendations
on any necessary revision of the Goods Review List and its procedures, including
the processing of contracts under paragraph 20 of resolution 687 (1991) and the
utility of the Distribution Plan as referred to in paragraph 8 (a) (ii) of resolution
Procedures
1 – The following procedures replace paragraphs 29 to 34 of document
S/1996/636* and other existing procedures, notably for the implementation of
the relevant provisions of paragraphs 17, 18 and 25 of resolution 1284 (1999)
related to the processing of applications to be financed from the escrow account
established pursuant to paragraph 7 of resolution 986 (1995).
2 – Each application (the “Notification or Request to Ship Goods to Iraq,” as
attached to these procedures, hereafter referred to as “the application,”) for the
sale or supply of commodities or products, to include services ancillary to the
supply of such commodities and products, to Iraq to be financed from the
escrow account established pursuant to paragraph 7 of resolution 986 (1995)
must be forwarded to the Office of the Iraq Programme (OIP) by the exporting
States through permanent or observer Missions, or by United Nations agencies
and programmes. Each application should include complete technical
specifications, as requested in the standard application form, concluded
arrangements (e.g., contracts), and other relevant information, including, if
known, whether the application contains any item(s) covered by the Goods
Review List (GRL), in order for a determination to be made on whether the
application contains any item referred to in paragraph 24 of resolution 687
(1991) as it relates to military commodities and products, or military-related
commodities or products covered by the GRL.
3 – Each application will be reviewed and registered by OIP within 10 working
days. In the case of a technically incomplete application, OIP may request
additional information before transmitting the application to the United Nations
Monitoring, Verification and Inspection Commission (UNMOVIC) and the
International Atomic Energy Agency (IAEA). If OIP determines that the
requested information is not provided within 90 days, the application will be
considered supplier-inactive and no further action on the application will be
taken until the information is provided. If the requested information is not
received within a further 90 days, the application will lapse. OIP should notify
the submitting Mission or United Nations agency in writing of any change in
the status of the application. The OIP will identify an official to act as a contact
point on each application.
4 – After OIP registration of the application, each application will be evaluated
by technical experts from UNMOVIC and IAEA in order to determine whether
the application contains any item referred to in paragraph 24 of resolution 687
(1991) as it relates to military commodities and products, or military related
commodities or products covered by the GRL (“GRL item(s)”). At their
discretion and subject to the approval of the 661 Committee, UNMOVIC and
IAEA may issue guidance regarding what categories of applications do not
contain any item(s) covered by paragraph 24 of resolution 687 (1991) as it
relates to military commodities and products, or military-related commodities
or products covered by the GRL, UNMOVIC, IAEA and OIP, working in
consultation, may develop a procedure whereby OIP may evaluate and approve
applications that, based on this guidance, fall within these categories.
5 – Military goods and services are prohibited for sale or supply to Iraq under
paragraph 24 of resolution 687(1991) and are not subject to review under the
GRL. For consideration of dual-use goods and services referred to in paragraph
24 of resolution 687 (1991), UNMOVIC and IAEA should process these goods
and services pursuant to paragraph 9 of these procedures
6 – Upon receipt of a registered application from OIP, UNMOVIC and/or
IAEA will have 10 working days to evaluate an application as set forth in
paragraphs 4 and 5. Absent action by UNMOVIC and/or IAEA within the 10-
working-day period, the application will be considered approved. In the course
of conducting the technical evaluation as set out in paragraphs 4 and 5 above,
UNMOVIC and/or IAEA may request additional information from the
submitting Mission or United Nations agency. The submitting Mission or
United Nations agency should provide the additional information requested
within a period of 90 days. Once UNMOVIC and/or IAEA receive the
requested information, UNMOVIC and/or IAEA will have 10 working days to
evaluate the application under the procedure set forth in paragraphs 4 and 5.
7 – If UNMOVIC and/or IAEA determine that the submitting Mission or
United Nations agency has not provided the requested additional information
within the 90-day period set out in paragraph 6 above, the application will be
considered supplier-inactive and no further action on the application will be
taken until the information is provided. If the requested information is not
provided within a further 90 days, the application will lapse. OIP should notify
the submitting Mission or United Nations agency in writing of any change in
the status of the application.
8 – If UNMOVIC and/or IAEA determine that the application contains any
item referred to in paragraph 24 of resolution 687 (1991) as it relates to military
commodities and products, the application shall be considered ineligible for
approval for the sale or supply to Iraq. UNMOVIC and/or IAEA will provide to
the submitting Mission or United Nations agency through OIP a written
explanation of this determination.
9 – If UNMOVIC and/or IAEA determine that the application contains any
GRL item(s), they will immediately inform through OIP the submitting
Mission or United Nations agency. Pursuant to paragraph11 below, absent a
request by the submitting Mission or United Nations agency for reconsideration
within10 working days, OIP will forward the application containing the GRL
item(s) to the 661 Committee for the purpose of evaluating whether the GRL
item(s) may be sold or supplied to Iraq. UNMOVIC and/or IAEA will provide
to the 661 Committee through OIP a written explanation of this determination.
In addition, OIP, UNMOVIC and/or IAEA, at the request of the submitting
Mission or United Nations agency, will provide to the 661 Committee an
assessment of the humanitarian, economic and security implications, of the
approval or denial of the GRL item(s), including the viability of the whole
contract in which the GRL item(s) appears and the risk of diversion of the
item(s) for military purposes. The assessment provided by OIP to the
Committee should be transmitted in parallel by OIP to the submitting Mission
or United Nations agency. OIP will immediately inform appropriate United
Nations agents of the finding of a GRL item(s) in the application and that the
GRL item(s) may not be sold or supplied to Iraq unless otherwise notified by
OIP that the procedures set forth in paragraphs 11 or 12 have resulted in
approval for sale or supply of the GRL item(s) to Iraq. The remaining items in
the application, which are determined as not covered by the GRL, will be
considered approved for sale or supply to Iraq and, at the discretion of the
submitting Mission or United Nations agency, and with the consent of the
contracting parties, will be processed according to the procedure in paragraph
10 below. The relevant approval letter may be issued for such approved items
under request from the submitting Mission or United Nations agency.
10 – If UNMOVIC and/or IAEA determine that the application does not
contain any item referred to in paragraph 4 above, OIP will inform immediately
the Government of Iraq and the submitting Mission or United Nations agency
in written form. The exporter will be eligible for payment from the escrow
account established pursuant to paragraph 7 of resolution 986 (1995) upon
verification by United Nations agents that the items in the application have
arrived in Iraq as contracted. OIP and the United Nations Treasury will inform
the banks within five working days that the items in the application have
arrived in Iraq.
11 – If the Mission or United Nations agency submitting an application
disagrees with the determination that an application contains an item(s) covered
by paragraph 24 of resolution 687 (1991) as it relates to military commodities
and products, or military-related commodities or products covered by the GRL,
it may request a reconsideration of this decision, based on the provision of
technical information and/or explanations not previously included in the
application, within 10 working days to OIP. In that event, UNMOVIC and/or
IAEA will reconsider the item(s) in accordance with the procedures set out in
paragraphs 4 to 6 above. The decision of UNMOVIC and/or IAEA will be final
and no further reconsideration will be permitted. UNMOVIC and/or IAEA will
provide to the 661 Committee through OIP a written explanation of the final
decision of the reconsideration process. Applications shall not be forwarded to
the 661 Committee until the reconsideration period has expired without a
request being filed.
12 – Upon receipt of an application pursuant to paragraphs 9 or 11 above, the
661 Committee will have 10working days to determine under existing
procedures whether the item(s) may be sold or supplied to Iraq. The Committee
may take a decision on an item(s) according to the following options: (a)
Approval;(b) Approval subject to conditions as stipulated by the Committee;
(c) Denial; (d) Request for additional information. Absent action by the
Committee within the 10-working-day period, the application will be
considered approved. A Committee member may request additional
information. If the additional information is not provided in a 90-day period,
the item(s) will be considered and no further action on the application will be
taken until the information is provided. If the requested information is not
provided within a further 90 days, the application will be considered lapsed.
OIP should notify the submitting Mission or United Nations agency in writing
of any change in the status of the application. The Committee will have 20
working days to evaluate the requested additional information once provided
by the submitting Mission or United Nations agency. Absent action by the
Committee during the 20-working-day period, the item will be considered
approved.
13 – Where the 661 Committee does not approve an item(s) for sale or supply
to Iraq, the Committee will notify the submitting Mission or United Nations
agency with an explanation through OIP accordingly. The submitting Mission
or United Nations agency will have 30 working days to petition OIP to have the
661Committee reconsider its decision based on new information not previously
included in the application as reviewed by the 661 Committee. A decision by
the 661 Committee on a petition received during this period shall be made
within five working days and shall be considered final. Absent such a petition
within30 working days, the item will be considered ineligible for sale or supply
to Iraq and OIP will notify the submitting Mission or United Nations agency
accordingly.
14 – If an item(s) is found ineligible for sale or supply to Iraq or is considered
lapsed, the supplier may submit a new application based on either a new or an
amended contract, and the new application will be evaluated under the
procedures enumerated in this document and will append the original
application (for information purposes only and to facilitate review).
15 – If an item(s) is substituted for an item(s) that is either found ineligible for
sale or supply to Iraq or is considered lapsed, the new item(s) will be submitted
as a new application under the procedures enumerated in this document and
will append the original application (for information purposes only and to
facilitate review).
16 – Experts from OIP, UNMOVIC and IAEA who evaluate applications
should be drawn from the broadest possible geographical base.
17 – The United Nations Secretariat will report to the 661 Committee at the end
of each phase on the status of all applications submitted during this period,
including contracts recirculated pursuant to paragraph 18 below. The
Secretariat will provide to members of the 661 Committee at their request
copies of applications approved by OIP, UNMOVIC and IAEA, within three
working days after their approval, for information purposes only.
category A and category B. Category A will contain contracts on hold that have
been designated by UNMOVIC as containing item(s) on one or more of the
UNSCR resolution 1051 lists. Category A will also contain contracts that were
both processed before the Security Council adopted UNSCR resolution 1284
and assessed by one or more members of the Sanctions Committee as
containing item(s) on one or more of the UNSCR resolution 1051 lists. OIP
will consider contracts in category A to be “returned to the submitting Mission
or United Nations agency” and will notify the submitting Mission or United
Nations agency accordingly, including national comments if possible. The
submitting Mission or United Nations agency may submit a contract in
category A as a new application under the GRL procedures. In category B will
be all other contracts currently on hold. Contracts in category B will be
recirculated by OIP under the GRL procedures. OIP will append the original
committee registration number and national comments, for information
purposes only, to any recirculated contracts. OIP should start this recirculation
procedure within 60 days of adoption of this resolution and should complete
the recirculation process within 60 days thereafter.
May 2002 - REVISED
SECURITY COUNCIL COMMITTEE ESTABLISHED BY RESOLUTION 661 (1990)
CONCERNING THE SITUATION BETWEEN IRAQ AND KUWAIT
NOTIFICATION OR REQUEST TO SHIP GOODS TO IRAQ
For further guidance regarding completion of application please consult OIP web site (www.un.org/Depts/oip/index)
(TO BE COMPLETED BY THE SECRETARIAT)
COMM. No.REGISTRATION DATEDATE RECEIVEDBYDATE SENT TO THECOMMITTEE (if applicable)
UNMOVIC/IAEA (if
applicable)
(TO BE COMPLETED BY PROSPECTIVE EXPORTING COUNTRY or INTERNATIONAL ORGANIZATION)
1. MISSION OR INTERNATIONAL ORGANIZATION2. CERTIFYING SIGNATURE AND OFFICIAL SEAL
3. DATE OF SUBMISSION4. MISSION REFERENCE No
.5. GOODS TO BE SHIPPED (General description of6. NUMBER OFLINE ITEMS ON7.TOTALVALUE8. CURRENCYISO CODE
the goods)THE EXCEL FORM
ATTACHMENT
9.EXPORTER10. ORIGIN of GOODS (if different from applicant
Name: State)
Address:
Country:
Phone/Fax/E-ma il:
11. RECEIVING COMPANY/ORG.12. SHIPPING ARRANGEMENTS:
Name:Select ONE Point of Entry into Iraq
! Trebil ! Al Waleed ! Zakho ! Umm Qasr
Address:
Phone/Fax/E-ma il:
13.END USER entity (if different from receiving14.END USE
company/org.)Provide details of intended end-use.
Name:
Address:
Phone/Fax/E-mail:(attach additional sheets if necessary)
15. METHOD OF PAYMENT
! From the Iraq Account in accordance ! By other arrangement (in this case, disregard page 2 )with SC resolution 986 (1995)
In this case, please fill out PAGE 2
(Relevant documentation including contract(s) must be attached)
16. ADDITIONAL INFORMATION:(Attach additional sheet if necessary)
2002)8IF THIS NOTIFICATION OR REQUEST TO SHIP GOODS TO IRAQIS
TO BE PAID FROM THE IRAQ ACCOUNT IN ACCORDANCE WITH SC
RESOLUTION 986 (1995)PLEASE FILL OUT THESE ADDITIONAL BOXES
(see box 15 on page 1)
MISSION REFERENCE No. :
17.IDENTICAL GOODS PREVIOUSLY SUBMITTED:
Indicate whether or not you have previously submitted an application(s) for IDENTICAL good
s.! YES ! NO ! UNABLE TO DETERMINE
If YES provide Comm. number reference(s) with respective item number(s).
18. DETAILED LIST OF GOODS:
Indicate whether or not the scope of supply includes any spare parts, accessories, sets, kits, tool boxes, tools, equipment,special tools, lots or consumables
.! YES ! NO
If YES indicate whether or not all components of the spare parts, accessories, sets, kits, tool boxes, tools, equipment,
special tools, lots or consumables have been listed as separate line items with the relevant description, quantity and
price on the attached Excel form application
.! YES ! NO (in this case, the document will not be registered by the Secretariat)
19. TECHNICAL INFORMATION:
Indicate whether or not the scope of supply includes (separately or as part of larger item) any of the goods and/or
technology specified on the OIP web site (http://www.un.org/Depts/oip/cpmd/delays)
! YES ! NO
If YES indicate whether or not the relevant technical specification form for each item has been completed and attached
to the application.! YES ! NO
Page 1 of 2S/RES/1409 (2002)9
20. GRL RELATED ITEM(S) AND/OR TECHNOLOGY:
Indicate whether or not the scope of supply includes any item included in the Goods Review List (GRL). The GRL maybe accessed via the OIP web site (http://www.un.org/Depts/oip…)
.! YES ! NO ! UNABLE TO DETERMINE
If YES indicate below the line item number and description as from the Excel sheet of these goods considered to be
included on the GRL
.Line Item No.
Description
GRL Ref. No.
(attach additional sheets if necessary)
IMPORTANT NOTICE
The following attachments are compulsory
1) Excel form application listing IN DETAIL all goods (including all spare parts, accessories …) + diskette
2) Contract signed by both parties with all attachments, enclosures and annexes
3) All relevant documentations and/or technical specifications of the goods (e.g. brochures, pictures, diagrams,
chemical composition, material composition, etc.)
For further guidance regarding completion of application please consult OIP web site
([http://www.un.org/Depts/oip/index])
United Nations
Security Council
Distr.
GENERAL
S/RES/1441 (2002)
8 November 2002
Resolution 1441 (2002)
Adopted by the Security Council at its 4644st meeting, on
8 November 2002
The Security Council,
Recalling all its previous relevant resolutions, in particular its resolutions
661
(1990) of 6 August 1990, 678 (1990) of 29 November 1990, 686 (1991) of 2
March 1991, 687 (1991) of 3 April 1991, 688 (1991) of 5 April 1991, 707 (1991)
of 15 August 1991, 715 (1991) of 11 October 1991, 986 (1995) of 14 April 1995,
and 1284 (1999) of 17 December 1999, and all the relevant statements of its
President,
Recalling also its resolution 1382 (2001) of 29 November 2001 and its
intention to implement it fully,
Recognizing the threat Iraq’s non-compliance with Council resolutions and
proliferation of weapons of mass destruction and long-range missiles poses to
international peace and security,
Recalling that its resolution 678 (1990) authorized Member States to use all
necessary means to uphold and implement its resolution 660 (1990) of 2 August
1990 and all relevant resolutions subsequent to resolution 660 (1990) and to
restore international peace and security in the area,
Further recalling that its resolution 687 (1991) imposed obligations on Iraq
as a necessary step for achievement of its stated objective of restoring
international peace and security in the area,
Deploring the fact that Iraq has not provided an accurate, full, final, and
complete disclosure, as required by resolution 687 (1991), of all aspects of its
programmes to develop weapons of mass destruction and ballistic missiles with a
range greater than one hundred and fifty kilometres, and of all holdings of such
weapons, their components and production facilities and locations, as well as all
other nuclear programmes, including any which it claims are for purposes not
related to nuclear-weapons-usable material,
Deploring further that Iraq repeatedly obstructed immediate, unconditional,
and unrestricted access to sites designated by the United Nations Special
Commission (UNSCOM) and the International Atomic Energy Agency (IAEA),
failed to cooperate fully and unconditionally with UNSCOM and IAEA weapons
inspectors, as required by resolution 687 (1991), and ultimately ceased all
cooperation with UNSCOM and the IAEA in 1998,
Deploring the absence, since December 1998, in Iraq of international
monitoring, inspection, and verification, as required by relevant resolutions, of
weapons of mass destruction and ballistic missiles, in spite of the Council’s
repeated demands that Iraq provide immediate, unconditional, and unrestricted
access to the United Nations Monitoring, Verification and Inspection Commission
(UNMOVIC), established in resolution 1284 (1999) as the successor organization
to UNSCOM, and the IAEA, and regretting the consequent prolonging of the
crisis in the region and the suffering of the Iraqi people,
Deploring also that the Government of Iraq has failed to comply with its
commitments pursuant to resolution 687 (1991) with regard to terrorism, pursuant
to resolution 688 (1991) to end repression of its civilian population and to provide
access by international humanitarian organizations to all those in need of
assistance in Iraq, and pursuant to resolutions 686 (1991), 687 (1991), and 1284
(1999) to return or cooperate in accounting for Kuwaiti and third country
nationals wrongfully detained by Iraq, or to return Kuwaiti property wrongfully
seized by Iraq,
Recalling that in its resolution 687 (1991) the Council declared that a
ceasefire would be based on acceptance by Iraq of the provisions of that
resolution, including the obligations on Iraq contained therein,
Determined to ensure full and immediate compliance by Iraq without
conditions or restrictions with its obligations under resolution 687 (1991) and
other relevant resolutions and recalling that the resolutions of the Council
constitute the governing standard of Iraqi compliance,
Recalling that the effective operation of UNMOVIC, as the successor
organization to the Special Commission, and the IAEA is essential for the
implementation of resolution 687 (1991) and other relevant resolutions,
Noting that the letter dated 16 September 2002 from the Minister for Foreign
Affairs of Iraq addressed to the Secretary-General is a necessary first step toward
rectifying Iraq’s continued failure to comply with relevant Council resolutions,
Noting further the letter dated 8 October 2002 from the Executive Chairman
of UNMOVIC and the Director-General of the IAEA to General Al-Saadi of the
Government of Iraq laying out the practical arrangements, as a follow-up to their
meeting in Vienna, that are prerequisites for the resumption of inspections in Iraq
by UNMOVIC and the IAEA, and expressing the gravest concern at the continued
failure by the Government of Iraq to provide confirmation of the arrangements as
laid out in that letter,
Reaffirming the commitment of all Member States to the sovereignty and
territorial integrity of Iraq, Kuwait, and the neighbouring States,
Commending the Secretary-General and members of the League of Arab
States and its Secretary-General for their efforts in this regard,
Determined to secure full compliance with its decisions,
Acting under Chapter VII of the Charter of the United Nations,
1.Decides that Iraq has been and remains in material breach of its
obligations under relevant resolutions, including resolution 687 (1991), in
particular through Iraq’s failure to cooperate with United Nations inspectors and
the IAEA, and to complete the actions required under paragraphs 8 to 13 of
resolution 687 (1991);
2.Decides, while acknowledging paragraph 1 above, to afford Iraq, by this
resolution, a final opportunity to comply with its disarmament obligations under
relevant resolutions of the Council; and accordingly decides to set up an enhanced
inspection regime with the aim of bringing to full and verified completion the
disarmament process established by resolution 687 (1991) and subsequent
resolutions of the Council;
3.Decides that, in order to begin to comply with its disarmament
obligations, in addition to submitting the required biannual declarations, the
Government of Iraq shall provide to UNMOVIC, the IAEA, and the Council, not
later than 30 days from the date of this resolution, a currently accurate, full, and
complete declaration of all aspects of its programmes to develop chemical,
biological, and nuclear weapons, ballistic missiles, and other delivery systems
such as unmanned aerial vehicles and dispersal systems designed for use on
aircraft, including any holdings and precise locations of such weapons,
components, subcomponents, stocks of agents, and related material and
equipment, the locations and work of its research, development and production
facilities, as well as all other chemical, biological, and nuclear programmes,
including any which it claims are for purposes not related to weapon production
or material;
4.Decides that false statements or omissions in the declarations submitted
by Iraq pursuant to this resolution and failure by Iraq at any time to comply with,
and cooperate fully in the implementation of, this resolution shall constitute a
further material breach of Iraq’s obligations and will be reported to the Council
for assessment in accordance with paragraphs 11 and 12 below;
unimpeded, unconditional, and unrestricted access to any and all, including
underground, areas, facilities, buildings, equipment, records, and means of
transport which they wish to inspect, as well as immediate, unimpeded,
unrestricted, and private access to all officials and other persons whom
UNMOVIC or the IAEA wish to interview in the mode or location of
UNMOVIC’s or the IAEA’s choice pursuant to any aspect of their mandates;
further decides that UNMOVIC and the IAEA may at their discretion conduct
interviews inside or outside of Iraq, may facilitate the travel of those interviewed
and family members outside of Iraq, and that, at the sole discretion of UNMOVIC
and the IAEA, such interviews may occur without the presence of observers from
the Iraqi Government; and instructs UNMOVIC and requests the IAEA to resume
inspections no later than 45 days following adoption of this resolution and to
update the Council 60 days thereafter;
6.Endorses the 8 October 2002 letter from the Executive Chairman of
UNMOVIC and the Director-General of the IAEA to General Al-Saadi of the
Government of Iraq, which is annexed hereto, and decides that the contents of the
letter shall be binding upon Iraq;
7.Decides further that, in view of the prolonged interruption by Iraq of the
presence of UNMOVIC and the IAEA and in order for them to accomplish the
tasks set forth in this resolution and all previous relevant resolutions and
notwithstanding prior understandings, the Council hereby establishes the
following revised or additional authorities, which shall be binding upon Iraq, to
facilitate their work in Iraq:
– UNMOVIC and the IAEA shall determine the composition of their
inspection teams and ensure that these teams are composed of the most
qualified and experienced experts available;
– All UNMOVIC and IAEA personnel shall enjoy the privileges and
immunities, corresponding to those of experts on mission, provided in the
Convention on Privileges and Immunities of the United Nations and the
Agreement on the Privileges and Immunities of the IAEA;
– UNMOVIC and the IAEA shall have unrestricted rights of entry into and
out of Iraq, the right to free, unrestricted, and immediate movement to and
from inspection sites, and the right to inspect any sites and buildings,
including immediate, unimpeded, unconditional, and unrestricted access to
Presidential Sites equal to that at other sites, notwithstanding the provisions
of resolution 1154 (1998) of 2 March 1998;
– UNMOVIC and the IAEA shall have the right to be provided by Iraq the
names of all personnel currently and formerly associated with Iraq’s
chemical, biological, nuclear, and ballistic missile programmes and the
associated research, development, and production facilities;
– Security of UNMOVIC and IAEA facilities shall be ensured by sufficient
United Nations security guards;
– UNMOVIC and the IAEA shall have the right to declare, for the purposes
of freezing a site to be inspected, exclusion zones, including surrounding
areas and transit corridors, in which Iraq will suspend ground and aerial
movement so that nothing is changed in or taken out of a site being
inspected;
– UNMOVIC and the IAEA shall have the free and unrestricted use and
landing of fixed- and rotary-winged aircraft, including manned and
unmanned reconnaissance vehicles;
– UNMOVIC and the IAEA shall have the right at their sole discretion
verifiably to remove, destroy, or render harmless all prohibited weapons,
subsystems, components, records, materials, and other related items, and the
right to impound or close any facilities or equipment for the production
thereof; and
– UNMOVIC and the IAEA shall have the right to free import and use of
equipment or materials for inspections and to seize and export any
equipment, materials, or documents taken during inspections, without search
of UNMOVIC or IAEA personnel or official or personal baggage;
8.Decides further that Iraq shall not take or threaten hostile acts directed
against any representative or personnel of the United Nations or the IAEA or of
any Member State taking action to uphold any Council resolution;
9.Requests the Secretary-General immediately to notify Iraq of this
resolution, which is binding on Iraq; demands that Iraq confirm within seven days
of that notification its intention to comply fully with this resolution; and demands
further that Iraq cooperate immediately, unconditionally, and actively with
UNMOVIC and the IAEA;
10.Requests all Member States to give full support to UNMOVIC and the
IAEA in the discharge of their mandates, including by providing any information
related to prohibited programmes or other aspects of their mandates, including on
Iraqi attempts since 1998 to acquire prohibited items, and by recommending sites
to be inspected, persons to be interviewed, conditions of such interviews, and data
to be collected, the results of which shall be reported to the Council by
UNMOVIC and the IAEA;
11.Directs the Executive Chairman of UNMOVIC and the Director-General
of the IAEA to report immediately to the Council any interference by Iraq with
inspection activities, as well as any failure by Iraq to comply with its disarmament
obligations, including its obligations regarding inspections under this resolution;
12.Decides to convene immediately upon receipt of a report in accordance
with paragraphs 4 or 11 above, in order to consider the situation and the need for
full compliance with all of the relevant Council resolutions in order to secure
international peace and security;
13.Recalls, in that context, that the Council has repeatedly warned Iraq that
it will face serious consequences as a result of its continued violations of its
obligations;
Annex
Text of Blix/El-Baradei letter
United Nations Monitoring, VerificationInternational Atomic Energy Agency
and Inspection Commission
The Executive ChairmanThe Director General
8 October 2002
Dear General Al-Saadi,
During our recent meeting in Vienna, we discussed practical arrangements
that are prerequisites for the resumption of inspections in Iraq by UNMOVIC and
the IAEA. As you recall, at the end of our meeting in Vienna we agreed on a
statement which listed some of the principal results achieved, particularly Iraq’s
acceptance of all the rights of inspection provided for in all of the relevant
Security Council resolutions. This acceptance was stated to be without any
conditions attached.
During our 3 October 2002 briefing to the Security Council, members of the
Council suggested that we prepare a written document on all of the conclusions
we reached in Vienna. This letter lists those conclusions and seeks your
confirmation thereof. We shall report accordingly to the Security Council.
In the statement at the end of the meeting, it was clarified that UNMOVIC
and the IAEA will be granted immediate, unconditional and unrestricted access to
sites, including what was termed “sensitive sites” in the past. As we noted,
however, eight presidential sites have been the subject of special procedures
under a Memorandum of Understanding of 1998. Should these sites be subject, as
all other sites, to immediate, unconditional and unrestricted access, UNMOVIC
and the IAEA would conduct inspections there with the same professionalism.
H.E. General Amir H. Al-Saadi
Advisor
Presidential Office
Baghdad
Iraq
We confirm our understanding that UNMOVIC and the IAEA have the right
to determine the number of inspectors required for access to any particular site.
This determination will be made on the basis of the size and complexity of the site
being inspected. We also confirm that Iraq will be informed of the designation of
additional sites, i.e. sites not declared by Iraq or previously inspected by either
UNSCOM or the IAEA, through a Notification of Inspection (NIS) provided upon
arrival of the inspectors at such sites.
Iraq will ensure that no proscribed material, equipment, records or other
relevant items will be destroyed except in the presence of UNMOVIC and/or
IAEA inspectors, as appropriate, and at their request. UNMOVIC and the IAEA
may conduct interviews with any person in Iraq whom they believe may have
information relevant to their mandate. Iraq will facilitate such interviews. It is for
UNMOVIC and the IAEA to choose the mode and location for interviews.
The National Monitoring Directorate (NMD) will, as in the past, serve as the
Iraqi counterpart for the inspectors. The Baghdad Ongoing Monitoring and
Verification Centre (BOMVIC) will be maintained on the same premises and
under the same conditions as was the former Baghdad Monitoring and
Verification Centre. The NMD will make available services as before, cost free,
for the refurbishment of the premises.
The NMD will provide free of cost: (a) escorts to facilitate access to sites to
be inspected and communication with personnel to be interviewed; (b) a hotline
for BOMVIC which will be staffed by an English speaking person on a 24 hour a
day/seven days a week basis; (c) support in terms of personnel and ground
transportation within the country, as requested; and (d) assistance in the
movement of materials and equipment at inspectors’ request (construction,
excavation equipment, etc.). NMD will also ensure that escorts are available in
the event of inspections outside normal working hours, including at night and on
holidays.
Regional UNMOVIC/IAEA offices may be established, for example, in
Basra and Mosul, for the use of their inspectors. For this purpose, Iraq will
provide, without cost, adequate office buildings, staff accommodation, and
appropriate escort personnel.
UNMOVIC and the IAEA may use any type of voice or data transmission,
including satellite and/or inland networks, with or without encryption capability.
UNMOVIC and the IAEA may also install equipment in the field with the
capability for transmission of data directly to the BOMVIC, New York and
Vienna (e.g. sensors, surveillance cameras). This will be facilitated by Iraq and
there will be no interference by Iraq with UNMOVIC or IAEA communications.
Iraq will provide, without cost, physical protection of all surveillance
equipment, and construct antennae for remote transmission of data, at the request
of UNMOVIC and the IAEA. Upon request by UNMOVIC through the
NMD, Iraq will allocate frequencies for communications equipment.
Iraq will provide security for all UNMOVIC and IAEA personnel. Secure
and suitable accommodations will be designated at normal rates by Iraq for these
personnel. For their part, UNMOVIC and the IAEA will require that their staff
not stay at any accommodation other than those identified in consultation with
Iraq.
On the use of fixed-wing aircraft for transport of personnel and equipment
and for inspection purposes, it was clarified that aircraft used by UNMOVIC and
IAEA staff arriving in Baghdad may land at Saddam International Airport. The
points of departure of incoming aircraft will be decided by UNMOVIC. The
Rasheed airbase will continue to be used for UNMOVIC and IAEA helicopter
operations. UNMOVIC and Iraq will establish air liaison offices at the airbase. At
both Saddam International Airport and Rasheed airbase, Iraq will provide the
necessary support premises and facilities. Aircraft fuel will be provided by Iraq,
as before, free of charge.
On the wider issue of air operations in Iraq, both fixed-wing and rotary, Iraq
will guarantee the safety of air operations in its air space outside the no-fly zones.
With regard to air operations in the no-fly zones, Iraq will take all steps within its
control to ensure the safety of such operations.
Helicopter flights may be used, as needed, during inspections and for
technical activities, such as gamma detection, without limitation in all parts of
Iraq and without any area excluded. Helicopters may also be used for
medical evacuation.
On the question of aerial imagery, UNMOVIC may wish to resume the use
of U-2 or Mirage overflights. The relevant practical arrangements would be
similar to those implemented in the past.
As before, visas for all arriving staff will be issued at the point of entry on
the basis of the UN Laissez-Passer or UN Certificate; no other entry or exit
formalities will be required. The aircraft passenger manifest will be provided one
hour in advance of the arrival of the aircraft in Baghdad. There will be no
searching of UNMOVIC or IAEA personnel or of official or personal baggage.
UNMOVIC and the IAEA will ensure that their personnel respect the laws of Iraq
restricting the export of certain items, for example, those related to Iraq’s
national cultural heritage. UNMOVIC and the IAEA may bring into, and remove
from, Iraq all of the items and materials they require, including satellite phones
and other equipment. With respect to samples, UNMOVIC and IAEA will, where
feasible, split samples so that Iraq may receive a portion while another portion is
kept for reference purposes. Where appropriate, the organizations will send the
samples to more than one laboratory for analysis.
We would appreciate your confirmation of the above as a correct reflection
of our talks in Vienna.
Naturally, we may need other practical arrangements when proceeding with
inspections. We would expect in such matters, as with the above, Iraq’s co-
operation in all respect.
Yours sincerely,
(Signed) (Signed)
Hans BlixMohamed ElBaradei
Executive ChairmanDirector General
United Nations Monitoring,International Atomic Energy Agency
Verification and Inspection Commission
United Nations
Security Council
Distr.
GENERAL
S/2002/1236
8 November 2002
Original: English
Letter dated 8 November 2002 from the representatives of China,
France and the Russian Federation to the United Nations addressed
to the President of the Security Council
Please find herewith a joint statement of the Governments of
China, France and the Russian Federation relating to Security Council
resolution 1441 (2002) concerning Iraq (see annex).
We should be grateful if you could circulate this joint statement as
a document of the Security Council.
(Signed) Zhang Yishan
Ambassador
Deputy Permanent Representative of China
(Signed) Jean-David Lévitte
Ambassador
Permanent Representative of France
(Signed) Sergey Lavrov
Ambassador
Permanent Representative of the Russian Federation
Annex to the letter dated 8 November 2002 from the
representatives of China, France and the Russian Federation
to the United Nations addressed to the President of the
Security Council
Joint statement by the People’s Republic of China, France and
the Russian Federation
Resolution 1441 (2002) adopted today by the
Security Council excludes any automaticity in the use
of force. In this regard, we register with satisfaction the
declarations of the representatives of the United States
and the United Kingdom confirming this understanding
in their explanations of vote, and assuring that the goal
of the resolution is the full implementation of the
existing Security Council resolutions on disarmament
of Iraq’s weapons of mass destruction. All Security
Council members share this goal.
In case of failure by Iraq to comply with its
obligations, the provisions of paragraphs 4, 11 and 12
will apply. Such failure will be reported to the Security
Council by the Executive Chairman of UNMOVIC or
by the Director General of IAEA. It will be then for the
Council to take a position on the basis of that report.
Therefore, the resolution fully respects the
competences of the Security Council in the
maintenance of international peace and security, in
conformity with the Charter of the United Nations.
United Nations
Security Council
Distr.
GENERAL
S/2002/1242
13 November 2002
Original: English
Letter dated 13 November 2002 from the Secretary-General
addressed to the President of the Security Council
I have the honour to convey the attached communication, dated 13
November 2002, from the Minister for Foreign Affairs of the Republic of Iraq,
His Excellency Mr. Naji Sabri.
I should be grateful if you would have this circulated as a document of
the Security Council.
(Signed) Kofi A. Annan
Annex
Letter dated 13 November 2002 from the Minister for Foreign
Affairs of Iraq addressed to the Secretary-General
[Original: Arabic]
In the Name of God, the Merciful, the Compassionate
“Go to Pharaoh; he has overstepped the bounds.
But speak to him with gentle words
so that hopefully he will pay heed or show some fear”
Almighty God has spoken the truth.
His Excellency Mr. Kofi Annan
Secretary-General of the United Nations
New York, N.Y.
Sir,
You may recall the enormous uproar created by the President of the
United States of America in the greatest and most wicked slander against Iraq,
in which he was followed in his malicious intent and preceded in word and
infliction of harm by his lackey Tony Blair, when they spread the rumour that
Iraq might have produced or might have been on the way to producing nuclear
weapons during the period since 1998 in which the international inspectors
were absent. They later asserted that Iraq had indeed produced chemical and
biological weapons, though they know as well as we do, and other States are
in a position to know, that this is a an utterly unfounded fabrication. But does
knowledge of the truth even enter into the vocabulary of political interaction
in our time, after evil has been unleashed to the fullest within the American
administration and any hope of good has been dashed? Indeed, is there any
good to be expected or hoped for from American administrations now that
they have been transformed by their greed, by Zionism and by other well-
known factors into the false god of our time?
After some States and the public were taken in by this lie, while others
remained silent, Iraq confronted them with its consent to the return of the
international inspectors after agreeing with you, as representative of the
United Nations in New York, on 16 September 2002, and in a press statement
issued jointly in Vienna on 30 September/1 October 2002 by an Iraqi technical
delegation headed by Amer Al-Saadi, Chief Inspector Hans Blix and
Mohamed ElBaradei, Director General of the International Atomic Energy
Agency (IAEA). Yet a few hours after Iraq’s consent to the return of the
inspectors became an established fact, including agreement on 19 October
2002 as the date of their arrival, Colin Powell, the American Secretary of
State, declared that he would refuse to have the inspectors go to Iraq. The
gang of evil began once again to talk of the need to adopt a new resolution in
order to entertain the people of the world with something new, rather
than following the teams of inspectors and witnessing the facts stated by Iraq,
namely that it neither had produced nor possessed any nuclear, chemical or
biological weapons of mass destruction during the absence of the inspectors.
The officials in the international Organization and its agencies, however, and
especially those from the permanent members of the Security Council, rather
than engaging in such monitoring so as to expose those responsible for their
lies and false accusations, busied themselves with discussions of the nature
and wording of the new resolution. They would strike or add a letter here and
letter there, a word here and a word there, until they reached agreement, on
the argument that it was better to take the kicks of a raging bull in a small ring
than to face its horns in an open space. This took place under the pressure of
the American administration and its threats to withdraw from the international
Organization unless it agreed to what America wanted, which was at best evil
in the extreme and a reason for embarrassment for every honest and free
member of the international Organization who recalls the provisions of the
Charter and sees that there are some who feel shame on behalf of
those members who are shameless.
We have told members of the Security Council whom we have contacted
or who have contacted us, when they spoke to us of the pretexts of the
Americans and their threats of aggression against our country, either by
themselves or with whomever might stand with them if the Security Council
did not agree to what they wanted, that we preferred, if it was inevitable, to
have America alone attack us and to confront it, placing our trust in God,
rather than having it obtain international cover with which to camouflage its
lies in whole or in part, bringing falsehood closer to the truth so that it might
stab the truth with the dagger of evil and perfidy. Indeed, we have confronted
it before, at a time when it could be characterized the same way, and that was
one of the reasons for its isolation in the human environment all over the
globe.
America’s aggressiveness and single-handed infliction of injustice and
destruction on its victims, chief among them Muslim and Arab believers,
constitute the main reason for its withdrawing its ambassadors and other staff,
closing its embassies and limiting its interests in many parts of the world, in
addition to the hatred of the peoples of the world for its aggressive policies
and objectives. This is a situation which no other country in the world has
experienced before, not even the fathers of colonialism in earlier times. Yet
the Security Council, or more exactly those who basically run it, instead of
leaving the American administration and its lackey, behind whom stands
hateful Zionism, to reap the consequences of the evil they have sown, have
saved iniquity rather than curbing it. We shall see, and then remorse will not
be of any avail as they bite their fingers.
The influence of any international organization is based on the conviction
and trust of the community in which it exists, once the organization declares
that it has been established to serve goals important to that community. We
fear that the United Nations will lose the trust and interest of peoples, if that
has not already taken place, once it has been exhausted by powerful interests,
wherever those interests converge at the expense of other peoples or flatter
each other and haggle over what is false at the expense of what is true. Thus
the United Nations and its agencies will collapse just as the League of Nations
did before it. The responsibility for this will not rest on the American
administration alone, but on all those who, in their weakness, work
for its interests, yielding to its threats, enticements or promises.
He who fails to speak out the truth is a voiceless demon. Nothing is more
distressing than the silence of the representatives of States in the Security
Council during their discussion of the American draft in the face of the
question raised by the representative of Mexico regarding the possibility of
lifting the sanctions imposed on Iraq. During the consultations in the Security
Council concerning resolution 1441 on 7 November 2002, the Mexican
representative said that he was not satisfied with the explanations provided by
the American ambassador concerning the absence of any reference to the
lifting of the sanctions and the establishment in the Middle East of a zone free
from weapons of mass destruction, adding that he would convey this to his
Government in order to receive instructions. The British representative replied
that he had listened to the statements of the delegations of Syria and Mexico
regarding the inclusion in the resolution of a paragraph on the lifting of the
sanctions. He said that Iraq had previously been afforded an opportunity to rid
itself of weapons of mass destruction, but had ignored it and made a decision
to keep them. Consequently, any reference to the lifting of the sanctions while
Iraq still had such weapons was improper. Nevertheless, an indirect reference
to that effect was being included. We should add that none of the
representatives asked him when, how or where such an alleged decision had
been taken by Iraq to keep weapons of mass destruction. The delegates treated
the statement of the British representative as though it related to a matter that
did not concern them, or rather, as though telling the truth was of no concern
to them. Do not this and other things, together with the decline in the prestige
of international organizations of this nature, point to the possibility of the
collapse of this international Organization, which was founded to maintain
international peace and security, but has turned into a kitchen for haggling
over the interests of the big powers and for providing cover for war,
destruction, blockades and the starvation of peoples?
The future will be determined in the light of the potential for reform, or
the inability to achieve reform, as will the future of the United Nations. All
those who show their concern in deed and not merely in word to foster this
international Organization and its work on the basis of its Charter so that
stability, justice and fairness prevail throughout the world as a route to peace,
freedom and cooperation among peoples are called upon to exercise caution
and act in accordance with international law and the Charter of the United
Nations and not at whim in accordance with the unrestrained tendencies of
those who threaten the world with their weapons and evil endeavours and
those who narrow-mindedly look to their own interests, which they seek to
achieve by bargaining at the expense of truth, justice and fairness.
We know that those who pressed the case in the Security Council for the
adoption of Security Council resolution 1441 (2002) have objectives other
than to ascertain that Iraq has developed no weapons of mass destruction in
the absence of the inspectors from Iraq since 1998. You are aware of how they
left Iraq and who was the cause of their departure. Although we are aware
that, following the widely known understanding between the representatives
of Iraq and the Secretary-General and the press statement issued by Blix, El
Baradei and the representatives of Iraq, there are no facts or principles of
justice and fairness to necessitate the adoption of that resolution in the name
of the Security Council, we hereby inform you that we will deal with
resolution 1441 (2002), despite its iniquitous contents, even though it is to be
implemented against the background of the intentions harboured by those of
bad faith. Based as this is in an attempt to spare our people harm, we shall not
forget, just as others should not forget, that the preservation of our people’s
dignity and of their security and independence within their homeland is a
sacred and honourable national duty on the agenda of our leadership and our
Government. The same is true of the protection of the homeland and its
sovereignty, together with that of the people and their security, interests and
high values, from antagonists and oppressors. Hence, as we said in the
aforementioned agreement and press statement, we are ready to receive the
inspectors so that they can perform their duties and ascertain that Iraq has
produced no weapons of mass destruction in their absence from Iraq since
1998 under the circumstances known both to you and to the Security
Council. We request you to inform the Security Council that we are ready to
receive the inspectors in accordance with the established dates. All concerned
parties should remember that we are in our holy month of Ramadan and that
the people are fasting, and that after this month is a feast. The concerned
bodies and officials, however, will cooperate with the inspectors against this
entire background and that of the tripartite statement of France, the Russian
Federation and China. The Government of Iraq will also take all of this into
consideration when dealing with the inspectors and with all matters relating to
their demeanour and the intentions of any one of them who demonstrates bad
faith or an inappropriate approach to preserving the national dignity,
independence and security of the people and the security, independence and
sovereignty of the homeland. We are eager for them to accomplish their task
in
accordance with international law as soon as possible. If they do so in a
professional and lawful manner, and without previously planned goals, the
fabrications of the liars will be revealed to the public and the declared aim of
the Security Council will be achieved. At that point, the Security Council will
become legally obligated to lift the embargo from Iraq, failing which all
persons of goodwill throughout the world, in addition to Iraq, will tell it to lift
the embargo and all the other unjust sanctions from Iraq. Before the public
and the law, the Council will be under obligation to apply paragraph 14 of its
resolution 687 (1991) to the Zionist entity (Israel) and thereafter to the entire
region of the Middle East so that it is free of weapons of mass destruction.
The worldwide number of fair-minded persons will increase, together with
Iraq’s potential to drive from its environment the cawing of the crows of evil,
who daily raid its lands, demolish its property and take the lives of those hit
by their bombs, if not already claimed by the evil-doers themselves. When this
happens, it will help to stabilize the region and the world, if accompanied by a
solution not based on double standards to end the Zionist occupation of
Palestine and if the aggressors desist from their attacks against Muslims and
the world.
We therefore reiterate, through you, the same statement to the Security
Council: send the inspectors to Iraq to ascertain as much and, if their conduct
is thoroughly supervised to ensure that it is lawful and professional, everyone
will be assured that Iraq has produced no nuclear, chemical or biological
weapons of mass destruction, whatever allegations to the contrary are made by
the evil pretenders. The fabrications of the liars and the deceit of the
charlatans in the American and British administrations will be revealed before
the world in contrast to the truthfulness of the proud Iraqis and the correctness
of what they say and do. If, however, the opportunity is left for the whim of
the American administration and the desires of Zionism, coupled with the
followers, intelligence services, threats and foul inducements of each, to
manipulate and play with the inspection teams and among their ranks, the
picture will be muddled and the ensuing confusion will distort the facts and
push matters in a dangerous direction, to the edge of the precipice, a situation
wanted neither by the fair-minded nor by those, including my Government,
who seek to uncover the facts as they stand. The fieldwork and the
implementation will be the deciding factors as to whether the true intent was
for the Security Council to ascertain that Iraq is free of those alleged weapons
or whether the entire matter is nothing more than an evil cover for the authors
of the resolution, with their vile slander and their shamelessness in lying to
the public, including their own peoples.
So let the inspectors come to Baghdad to perform their duty in
accordance with the law, whereupon we shall hear and see, together with
those who hear, see and act, each in accordance with his obligations and rights
as established in the Charter of the United Nations and international law. The
final frame of reference continues to be resolution 687 (1991), which imposes
obligations on the Security Council and Iraq, as well as the code of conduct
contained in the agreement signed with the Secretary-General in New York on
16 September 2002 and the press statement issued jointly with Hans Blix and
El Baradei in Vienna on 30 September-1 October 2002.
We hope that you will exercise your responsibilities by speaking to the
oppressors and advising them that their unjust treatment of Muslims, faithful
Arabs and all people has disastrous consequences and that God is omnipotent
and capable of all things. Tell them that the people of Iraq are proud, faithful
and militant, having fought and waged war against the former colonialism,
imperialism and aggression, including that of the false god, for years and
years. The price paid for the preservation of their independence, dignity and
the high principles in which they believed was rivers of blood, together with a
great deal of deprivation and damage to their wealth, alongside the immortal
achievements and record in which they take pride. We hope that you will
advise those who are ignorant not to push the situation to the edge of the
precipice at the time of implementation, because the people of Iraq will not
choose to live if the price is their dignity, their homeland, their freedom
or the things sacrosanct to them. On the contrary, the price will be their lives
if that is the only way forward to preserve what must be preserved.
Before concluding this letter of mine, I should like to inform you that I
shall address a further detailed letter to you in due course, stating our
comments on the procedures and measures contained in resolution 1441
(2002) that are inconsistent with international law, the Charter of the United
Nations, the established facts and the requirements of previous relevant
Security Council resolutions.
“Have you guaranteed that the One in heaven will not strike earth and
cause it to tumble?”
Almighty God has spoken the truth.
God is great.
(Signed) Naji Sabri
Minister for Foreign Affairs of the Republic of Iraq
United Nations
Security Council
Distr.
GENERAL
S/2002/1294
25 November 2002
Original: English
Letter dated 25 November 2002 from the Secretary-General
addressed to the President of the Security Council
I have the honour to convey the attached letter, dated 23 November 2002,
from H.E. Mr. Naji Sabri, Minister for Foreign Affairs of the Republic of Iraq.
I should be grateful if you would have this letter circulated as a document
of the Security Council.
(Signed) Kofi A. Annan
Annex
Letter dated 23 November 2002 from the Minister for Foreign
Affairs of Iraq addressed to the Secretary-General
[Original: Arabic]
Further to my letter dated 13 November 2002, in which I informed you of
the decision of the Government of the Republic of Iraq to comply with
Security Council resolution 1441 (2002) despite its iniquitous contents, I wish
to place on record our observations on the provisions, allegations and
measures contained in the resolution that are inconsistent with international
law, the Charter of the United Nations, the relevant resolutions of the Security
Council and the relevant constitutive instruments of organizations of the
United Nations system concerning the inspection and monitoring regime in
Iraq.
1. Before reviewing the paragraphs of the resolution, it is essential to refer
to the background to the resolution and the circumstances under which it was
issued. The United States of America submitted the draft resolution that was
adopted on 8 November 2002 as resolution 1441 (2002) after the entire
international community had expressed its rejection and condemnation of the
desire of the United States to launch a military attack against Iraq in order to
attain its openly declared colonial objectives of occupying the country by
force and imposing colonial domination over the entire Middle East region.
The United States accordingly changed its tactics and, rather than trying
to attain its purposes on its own, took the Security Council as a cover for its
colonialist and aggressive objectives, the more so as it had a long history of
using the Council as a cover for its hostile intentions against Iraq since 1990.
It therefore submitted the draft resolution under the false guise of working
through the United Nations, while its real purpose of creating pretexts for
aggression against Iraq were concealed under an international cover, as the
following review of the paragraphs of the resolution makes clear.
2. The third preambular paragraph referred to what it called “the threat
Iraq’s non-compliance with Council resolutions and proliferation of weapons
of mass destruction ... poses to international peace and security”. This was an
attempt to impose a forced interpretation of the concept of a threat to
international peace and security, as referred to in Article 39 of the Charter of
the United Nations, in order to justify United States aggression against Iraq.
The starting point of the paragraph is the baseless assumption of “Iraq’s
noncompliance with Council resolutions and proliferation of weapons of mass
destruction and long-range missiles”. That is the basis for a further groundless
assumption, namely that Iraq is a threat to international peace and security.
This assumption is baseless and unsupported by any evidence; it is Iraq that
has been subjected to aggression ever since 1991, and there is not a single
nation in the world that shares the biased view of the matter taken by the
United States and the United Kingdom. Whatever is based on a nullity is itself
a nullity.
3. The fourth preambular paragraph refers to Security Council resolution
678 (1990) which authorized Member States to use all necessary means to
implement resolution 660 (1990) and subsequent resolutions in order to
restore international peace and security in the area.
This reference creates the fallacious impression that the authorization to
use force in resolution 678 (1990) is still current. However, that authorization
ceased to be current, from the legal and practical points of view, when Iraq
withdrew from Kuwait towards the end of February 1991, thereby fully
implementing resolution 660 (1990). The authorization has also ceased to be
legally in force because of the provisions of paragraph 33 of resolution 687
(1991), which declared that “upon official notification by Iraq to the
Secretary-General and to the Security Council of its acceptance of the above
provisions, a formal ceasefire is effective between Iraq and Kuwait and the
Member States cooperating with Kuwait in accordance with resolution 678
(1990))”. The required official notification was provided on behalf of
Iraq by the Minister for Foreign Affairs in a letter dated 6 April 1991
addressed to the Secretary-General of the United Nations and to the President
of the Security Council. In paragraph 34, which was the final paragraph of
resolution 687 (1991), the Security Council affirmed that any measures for the
future use of force against Iraq would require further authorization by the
Security Council. That paragraph provided as follows: “Decides to remain
seized of the matter and to take such further steps as may be required for the
implementation of the present resolution and to secure peace and security in
the region”. It follows that there is no legal basis that can be invoked as
authorizing the use of force against Iraq after the formal ceasefire
that was declared by the Council and in the absence of any new authorization.
There is therefore no legal justification for reopening discussion of resolution
678 (1990), which has been implemented and has been superseded by
resolution 687 (1991).
4. The sixth preambular paragraph deplores what it refers to as Iraq’s
failure to provide a final and complete disclosure of all aspects of its earlier
proscribed programmes.
That paragraph contradicts the facts set forth in official United Nations
documents. In paragraph 79 of document S/1997/779, the International
Atomic
Energy Agency (IAEA) stated: “There are no indications of significant
discrepancies between the technically coherent picture that has evolved of
Iraq’s past programme and the information contained in Iraq’s FFCD-F [the
definitive version of the ‘Full, Final and Complete Declaration’] issued on 7
September 1996”.
In its report issued as document S/1997/301 the Special Commission
stated the following: “The accumulated effect of the work that has been
accomplished over six years since the ceasefire went into effect, between Iraq
and the Coalition, is such that not much is unknown about Iraq’s retained
proscribed weapons capabilities”.
5. The seventh preambular paragraph alleges that Iraq has not cooperated
fully and unconditionally with the weapons inspectors and ultimately ceased
all such cooperation.
This paragraph totally distorts the facts concerning Iraq’s cooperation: as
a consequence of its cooperation with the United Nations Special Commission
and IAEA those two bodies concluded their missions with respect to
disarmament. The IAEA report of 27 July 1998 (S/1998/694) stated in
paragraph 35:
“... there are no indications of Iraq having retained any physical
capability for the indigenous production of weapon-usable nuclear
material in amounts of any practical significance, nor any indication that
Iraq has acquired or produced weapon-usable nuclear material other than
the nuclear material verified by IAEA and removed from Iraq in
accordance with paragraph 13 of resolution 687 (1991).”
The Special Commission noted in numerous reports that it had completed
the main part of its work: its report issued as document S/1995/494 stated in
paragraph 29: “in the ballistic missile and chemical weapon areas, the
Commission is now confident that it has a good overall picture of the extent of
Iraq’s past programmes and that the essential elements of its proscribed
capabilities have been disposed of.”
The former Executive Chairman of the Special Commission, Ambassador
Rolf Ekéus, in a statement made on 13 January 1993, affirmed that Iraq had
implemented 95 per cent of the obligations imposed on it. Mr. Ekéus
reaffirmed that statement in an interview with the Swedish Broadcasting
Corporation on 7 September 2002. Furthermore, the report of Ambassador
Celso L. N. Amorim to the Security Council (S/1999/356) stated that the
remaining disarmament issues could be addressed within a reinforced ongoing
monitoring and verification system. In other words, the disarmament phase
had in practical terms been concluded.
6. The eighth preambular paragraph deplored the absence, since December
considering that it was a reason for the prolongation of the crisis in the region
and the suffering of the Iraqi people ... !!!
This paragraph misrepresents the history of events. What caused the
withdrawal of the inspectors from Iraq on 15 December 1998, thereby
bringing the inspection activities to an end for practical purposes, was the
United States of America. On the day after the inspectors’ departure, the
United States and the United Kingdom carried out a large-scale military attack
against Iraq which, among other things, targeted the sites that had been
subject to the ongoing monitoring regime and contained the sensors, cameras
and their attachments used in the monitoring operations. The Security Council
failed to take any action in the face of this unilateral use of aggressive force
against Iraq and has so far failed to assert that country’s legitimate rights.
Moreover, the United States used the former United Nations Special
Commission as an instrument of its hostile policy towards Iraq; it used the
activities of the Special Commission to undermine Iraq’s national security, to
provide cover for aggression against it and to prolong the unjust blockade of
its
people. This led ultimately to the loss of the credibility of the Special
Commission, its dissolution and the dismissal of its Executive Chairman,
Richard Butler. The United Nations has yet to take any action to call to
account those who used United Nations bodies for purposes incompatible with
international law, the Charter of the United Nations and the relevant
resolutions of the Security Council, by spying on Iraq and instigating crises,
thereby flagrantly violating Article 100 of the Charter. Iraq has not been
compensated for the damage caused to it by the misuse of United Nations
bodies to harm it.
7. The ninth preambular paragraph accuses Iraq of terrorism and human
rights abuses and of failing to cooperate in respect of missing persons and
property. In this connection we wish to place on record the following
observations:
(a) The Minister for Foreign Affairs of the Republic of Iraq sent a letter
dated 11 June 1991 to the Secretary-General of the United Nations (S/22687)
in which he fully explained Iraq’s position on that matter. In fact, it was Iraq
that had been subjected for over 30 years to terrorism by international and
regional forces led by the United States and the United Kingdom, which
spurred them on and financed them, just as other peoples and States were
subjected, and continue to be subjected, to the terrorism and hostility of those
two countries. Iraq has been subjected to constant hostility on a daily basis in
the form of terrorism by the United States and the United Kingdom through
the imposition of the illegal no-flight zones to the north and south of Iraq.
This aggression has also taken the form of the new strategy of the United
States of America through its adoption of what is known as preemptive war
which violates the purposes and principles of the United Nations and is
another form of international terrorism. Moreover, the Security Council is
incapable of putting an end to the Zionist terrorism against our heroic
Palestinian people and the valiant freedom fighters, to say nothing of the
encouragement given by a permanent member of the Security Council to the
Zionist entity, enabling it to practise terrorism, assassination and destruction.
We are referring to the United States of America and its policy that is detested
throughout the world.
(b) As far as Kuwaiti property is concerned, this has been returned to
Kuwait by Iraq, ending with the Kuwaiti archive which was handed over by
the Iraqi authorities to Kuwait during the period from 19 to 29 October 2002.
As for the other allegations, Iraq’s treasury is being plundered continuously
through what is termed compensation.
(c) Iraq has cooperated fully with the States concerned ascertaining the
fate of missing Kuwaiti nationals and nationals of third countries, and it has
expressed its full willingness to cooperate directly with Kuwait to resolve this
humanitarian issue which involves 1,137 missing Iraqis, 582 missing Kuwaitis
and members of other nationalities, and removing this issue from the
tendentious politicization perpetrated by the United States administration
which is detrimental to both sides. Iraq has been cooperating, and continues to
cooperate, with the International Committee of the Red Cross on the grounds
that it is a neutral international party, and with the States that have files of
missing persons, thereby complying with the obligations specified in the
Geneva Convention of 1949.
8. The tenth preambular paragraph indicates that a ceasefire under Security
Council resolution 687 (1991) would be based on Iraq’s acceptance of the
provisions of that resolution.
This clause is premature and ill-intentioned; it should have referred to the
fact that Iraq accepted resolution 687 (1991) by means of a letter from the
Minister for Foreign Affairs dated 6 April 1991 and has fulfilled its
obligations under the resolution. The Security Council, however, has not
fulfilled its own corresponding obligations. Similarly, two permanent
members of the Security Council have not fulfilled their obligations and, since
1991, have persisted, among other things, in their military aggression against
Iraq in the two illegal no-flight zones.
9. The eleventh preambular paragraph states that the Council is determined
to ensure Iraq’s compliance with resolution 687 (1991).
This negates Iraq’s compliance with its obligations under the resolution
and ignores the fact that the Security Council has fulfilled none of its
corresponding obligations, including the obligations in paragraph 14 to free
the Middle East region from weapons of mass destruction and in paragraphs
21 and 22 concerning the lifting of the comprehensive blockade imposed on
Iraq which is a collective punishment imposed on an entire people in violation
of the principles of the United Nations Charter, the Universal Declaration of
Human Rights, as well as of the provisions of the Charter and of the relevant
resolutions of the Security Council concerning the need to respect the
sovereignty, territorial integrity and political independence of Iraq and to stop
the daily aggression by the United States and the United Kingdom against Iraq
in the two illegal no-flight zones. This means that the Security Council has
given in, either willingly or because it was forced to do so, to the United
States tactic whereby, whenever the world called for a discussion of the lifting
of the blockade on Iraq and the application of paragraph 14 of Security
Council resolution 687 (1991) to the Zionist entity preparatory to making the
Middle
East region a zone free from weapons of mass destruction, and the Security
Council seemed likely to respond positively, the United States resorted to
attack as a means of defence, raising issues that diverted the Security Council
from its duties, and confusing public opinion, in an attempt to have the hated
executioner declared guiltless and to cast the great fighter for the
humanitarian cause (Iraq) as the accused party.
10. The thirteenth preambular paragraph indicates that the letter dated 16
September 2002 from the Minister for Foreign Affairs of the Republic of Iraq
addressed to the Secretary-General is a necessary first step towards rectifying
Iraq’s continued failure to comply with relevant Security Council resolutions.
The purpose of that paragraph is to contradict the letter from the
Secretary-General addressed to the Security Council (S/2002/1034) which
regarded Iraq’s acceptance of the return of the inspectors as a first step
towards a comprehensive solution which would include the lifting of the
sanctions and the implementation of other provisions of the relevant Security
Council resolutions.
11. In the fourteenth preambular paragraph, the Council takes note of the
letter dated 8 October 2002 from Mr. Blix and Mr. El-Baradei and expresses
concern at the continued failure of the Government of Iraq to provide
confirmation of the arrangements as laid out in that letter.
In fact, Iraq has concluded an agreement with UNMOVIC and IAEA
regarding the practical arrangements that are prerequisites for the return of the
inspectors, and this agreement was incorporated in the joint press release
issued in Vienna on 1 October 2002. Both parties agreed in principle that the
inspectors should return to Iraq on 19 October. The letter from Mr. Blix and
Mr. El-Baradei contained things that Mr. Blix had not asked for during the
meetings in Vienna because such things did not fall within his mandate but
must be the subject of agreements with the Secretary-General of the United
Nations and decided by the Security Council. Nevertheless, Iraq addressed
these points in its two replies to the aforementioned letter, dated 8 and 10
October 2002, in which it affirmed that it was not opposed to the contents of
that letter.
12. It must be noted that the preambular paragraphs focus on the imaginary
threats to regional and international peace and security allegedly posed by
Iraq’s supposed weapons of mass destruction, whereas they make no mention
whatsoever of the real dangers posed to security in the region and the rest of
the world by the considerable arsenal of nuclear, chemical and biological
weapons of mass destruction that is in the possession of the Zionist entity,
even though the establishment in the Middle East of a zone free from weapons
of mass destruction is one of the main objectives of Security Council
resolution 687 (1991), as noted in paragraph 14 of that resolution. This
paradox is a reflection of the odious policy of double standards which the
United States of America imposes on the Council insofar as its positions
and resolutions are concerned.
13. In paragraph 1 of resolution 1441 (2002) the Council claims that Iraq has
been and remains in breach of its obligations under relevant Council
resolutions.
Without offering a shred of evidence, this paragraph dismisses out of
hand the cooperation Iraq displayed over eight years to secure the
implementation of the Council’s resolutions. Yet this cooperation is a clear
and established fact, as can be seen from the reports of the former Special
Commission and IAEA. The Special Commission, speaking through its
Chairman from 1993 onward, stated that it had accomplished 95 per cent of its
work. IAEA, meanwhile, has maintained since 1992 and continues to say in its
reports that it has completed its disarmament missions and that there are no
issues pending in the area of disarmament. One may well ask whether these
two bodies could have completed the tasks entrusted to them by Security
Council resolution 687 (1991) without Iraq’s full cooperation. What does
this mean and, further, what does it mean that the Security Council is failing
to fulfil its obligations? To Iraq and to other States it means that the Council is
in a sorry state and that, because it is bowing to the will of the United States
and British Governments, it is pursuing a policy based on expediency and
power that is far removed from the spirit of the Charter of the United Nations.
The results are the same, regardless of whether Iraq or other States fulfil their
obligations: the Zionist entity is exempted from any legal measures so long as
it participates, along with the United States of America, in the odious
imperialist alliance that seeks to dominate the world. Moreover, it is the
United States that has been and remains in violation of Security Council
resolutions by using the former Special Commission as a tool for spying on
Iraq and fomenting crises, and by undermining Iraq’s sovereignty and
territorial integrity by joining with the United Kingdom to impose illegal no-
flight zones on the country. During the past 11 years the United States and the
United Kingdom have continually launched large-scale military attacks on
Iraq, undermining its sovereignty and independence and publicly encouraging
a number of mercenary terrorists, whom they train, arm and finance to
perpetrate terrorist acts on Iraq and its people, thereby contravening the
Charter of the United Nations and the relevant resolutions of the Security
Council, all of which call for respect for Iraq’s sovereignty, political
independence and territorial integrity.
14. In paragraph 2 of the resolution the Council decides “to afford Iraq … a
final opportunity to comply with its … obligations”.
This paragraph gives the erroneous impression that the Security Council
has begun to take steps against Iraq. In fact the opposite is true. Indeed, when
the inspectors left Iraq it was discovered that some of them had been spying
on Iraq and its vital national interests while stirring up crises; the final report
of the Chairman of the now defunct Special Commission was also used by the
United States of America and the United Kingdom to disguise their perfidious
attack of 16 December 1998. Yet despite all that, Iraq has been engaging in
dialogue with the Secretary-General since February 2000 with a view to
reaching a comprehensive settlement that will ensure the balanced and lawful
implementation of Security Council resolutions, including the fulfilment by
the Council of its own obligations, to Iraq – the lifting of the embargo and the
ensuring of respect for Iraq’s sovereignty – and to the region – the
implementation of paragraph 14 of resolution 687 (1991) – as well as the
restoration of the inspection regime aimed at ensuring that Iraq has eliminated
its weapons of mass destruction. On 16 September 2002 Iraq agreed to the
inspectors’ unconditional return, but it was the United States that prevented
their return, exerted all kinds of pressure on the members of the Security
Council and haggled with them to ensure that Security Council resolution
1441 (2002) was adopted in order to mislead the international community and
public opinion and make them forget the great lie put forward by the United
States Government and its vassal in order to provide pretexts and obscure the
aggression being carried out in accordance with its plans.
15. In paragraph 3 of the resolution the Council calls upon Iraq to provide to
UNMOVIC, IAEA and the Council a currently accurate, full and complete
declaration of all aspects of its programmes to develop weapons of mass
destruction as well as other chemical, biological and nuclear programmes.
This paragraph is based on the entirely unrealistic assumption that
programmes for the development of weapons of mass destruction exist in Iraq.
Iraq, however, has vehemently rejected this allegation, and the United States
of America and the United Kingdom cannot offer a single piece of credible
evidence. The Council further calls for the submission of declarations
regarding civilian programmes, without being more specific. It also asks in
this paragraph for a model report, even though no precedent exists; this gives
Council members another pretext for questioning Iraq’s declarations and
affords an opportunity to spread untruthful allegations about Iraq’s
failure to cooperate.
16. Paragraph 4 of the resolution posits a false hypothesis, namely that Iraq
might submit declarations containing false statements or omissions, or that it
might fail to comply with the resolution. A second false hypothesis is then
posited on the basis of the first, namely that such action would constitute a
material breach of Security Council resolutions.
The arbitrary judgement made in paragraph 4 is without precedent in
national and international legislation at any time in the history of mankind. In
the first place, to consider that the supplying of false information (bearing in
mind the thousands of pages of information that must be submitted)
constitutes “a material breach” makes it perfectly clear that the intent is to
find pretexts for distorting Iraq’s position and justify military action against
that country, and not to attain the objectives set by the Security Council.
Secondly, to consider omissions from the statements submitted as “a material
breach” means that Iraq has already been selected as a target, whatever
justification may be cited for doing so. Viewing omissions as “a material
breach”
constitutes an attempt to establish new norms of international law, something
the Security Council is not authorized to do under the Charter; moreover, such
norms are incompatible with the principles of justice relating to legal
procedures.
confers on UNMOVIC and IAEA arbitrary powers that are in contradiction
with their international status, which requires them to uphold the sovereignty
of the countries in which they operate and to respect the laws and rules of
those countries as well as the human rights of their population in accordance
with the Charter of the United Nations. These measures, which are
unprecedented in the history of the United Nations and of international
relations and the disarmament and arms-control processes, are actually
intended to obstruct the work of the inspectors, sow confrontation, generate a
crisis of confidence with Iraq and reopen the door to misuse of inspection
activities for purposes that have nothing to do with the objectives set out in
the Security Council resolutions.
The processes of disarmament and arms control are familiar, and there
are
criteria established in international conventions for attaining the goal of
disarmament. They in no way provide for such activities as the holding of
meetings with citizens of a country in that country without the presence of
representatives of their Government, the requesting of citizens to leave their
country with their families in order for such meetings to take place in another
country, the compiling of the names of all scholars and researchers in the
country, the entry into the country of United Nations security guards to ensure
the security of the facilities provided to the inspection teams, even though
Iraq, in accordance with the law, assumes responsibility for their safety and
pays their salaries, or the bringing in and taking out of equipment by
inspectors without notifying the State in whose territory they are operating, all
at the expense of the State in which the operation is taking place,
without any statement of expenditure being submitted and without telling the
State, once the mission is over, what has been done with the equipment and
vehicles used that are the property of that State.
18. In paragraph 8 of the resolution the Council decides that Iraq shall not
take or threaten hostile acts directed against any representative or personnel of
the United Nations or of any Member State taking action to uphold any
Council resolution.
Here again, the resolution gives a distorted picture of Iraq’s cooperation.
The members of the former Special Commission and IAEA worked in Iraq for
eight years. While some of them engaged in acts of espionage, provocation
and troublemaking in contravention of United Nations regulations and the
laws of the host country, the Iraqi authorities afforded them full protection,
and they did not suffer from any prejudice or harassment. If one considers
how numerous they were and how long they stayed in Iraq without ever
experiencing any harm, one can conclude that Iraq’s past behaviour sets an
example for the world, something that cannot be said for the United States,
where international civil servants and nationals of other States are subjected to
all sorts of affronts, harassment and attacks, and may even be robbed or
murdered.
recommendations from Member States with regard to sites to be inspected,
persons to be interviewed, conditions of such interviews, and data to be
collected.
All this is designed to undermine cooperation between Iraq and the
UNMOVIC and IAEA inspectors and affords certain States a pretext for
interfering with their work. It also undermines the international status of these
two bodies and makes them subject to the pressures, desires, allegations and
intentions of certain States, foremost of which the United States of America,
whose objectives serve their own interests. At the same time these provisions
do not compel the States providing information to bear the legal, political or
financial consequences if the information they furnish is false and is intended
to jeopardize or obstruct operations.
20. In paragraph 11 of the resolution the Council directs the two
aforementioned bodies to report to it immediately what it labels “any
interference” by Iraq with inspection activities, as well as any failure by Iraq
to comply with its obligations, including its obligations regarding inspections.
This paragraph does not confer upon either UNMOVIC or IAEA the
power requested to assess the state of Iraq’s cooperation but does authorize
them to report to the Council immediately any incident whatsoever, be it
something minor, a doubt or a misunderstanding. This hardly helps to build
trust or address concrete practical problems that may arise in the field, and
thus it does not contribute to cooperation or the attainment of the goals set.
The logic of this paragraph also implies absolute good faith on the part of
all members of the inspection teams and complete bad faith on the part of the
Iraqi authorities, which totally contradicts what the international community
knows about the behaviour of many of the inspectors of the ill-famed and now
defunct Special Commission, as well as what you yourself said in your
statement of 27 June 1999 concerning the actions of its members and the
remarks made by the former Chairman of the dissolved Commission, Mr.
Ekéus, during an interview with a Swedish radio station on 28 July 2002 (see
S/2002/982). Paragraph 11 of the resolution seeks a priori to incite
wrongdoing, to create unwarranted crises so that Iraq can be portrayed as
failing to cooperate and to provide pretexts for attacking the country.
21. In paragraph 12 of the resolution the Council decides to convene
immediately when a situation described in paragraph 11 arises, in order to
secure international peace and security.
By considering “any interference by Iraq with inspection activities” to
constitute a threat to international peace and security, the Council is
attempting to provide a broad new interpretation of international peace and
security. This runs counter to the principles set out in Article 39 of the Charter
of the United Nations, particularly when two permanent members of the
Security Council are engaged daily in waging outright military aggression
against Iraq, violating its sovereignty and its territorial integrity, bombing its
towns and villages, without the Security Council deciding that such acts
constitute a threat to international peace and security. A host of serious
violations of international peace and security are committed in various
parts of the world, including the ongoing Zionist aggression against the Arab
territories and the possession by the Zionist entity of weapons of mass
destruction.
22. Lastly, the Council, before ending the resolution as it began it, recalls in
paragraph 13 that it has repeatedly warned Iraq, distorting reality and
threatening Iraq with war and aggression.
The above-mentioned facts show that those who pushed the Security
Council to adopt resolution 1441 (2002) are aiming at objectives other than
ensuring that Iraq has not produced weapons of mass destruction. In spite of
this, and even though the resolution contains bad provisions, we have decided
to cooperate in implementing this resolution in order to spare our people, the
region and the rest of the world from the unleashing of evil and aggression
advocated by the extremists in the United States Government, and to give the
United Nations an opportunity to implement its resolutions in accordance with
international law and the Charter. It is our hope that the Secretariat and peace-
loving States, especially those that are permanent and non-permanent
members of the Security Council, will urge UNMOVIC and IAEA to compel
their inspectors to respect their obligations under the Charter of the United
Nations and their mandate while endeavouring to realize the purposes of the
United Nations; this will quickly show how inane are the tendentious
accusations levelled by the United States of America against Iraq to the effect
that Iraq possess weapons of mass destruction, and it will allow the United
Nations to discharge its obligations under these resolutions in respect of Iraq
and the
region in general by lifting the iniquitous embargo, by respecting the
sovereignty, security, territorial integrity and vital national interests of Iraq,
and by creating a zone free from weapons of mass destruction in the Middle
East, chiefly through the elimination of the vast arsenal of nuclear, chemical
and biological weapons in the ands of the Zionist entity.
Accept, Sir, the assurances of my highest consideration.
(Signed) Naji Sabri
Minister for Foreign Affairs of the Republic of Iraq
United Nations
Security Council
Distr.
GENERAL
S/RES/1443 (2002)
25 November 2002
Resolution 1443 (2002)
Adopted by the Security Council at its 4650th meeting, on
25 November 2002
The Security Council,
Recalling its previous relevant resolutions, including resolutions 986
(1995) of 14 April 1995, 1284 (1999) of 17 December 1999, 1352 (2001) of 1
June 2001, 360 (2001) of 3 July 2001, 1382 (2001) of 29 November 2001 and
1409 (2002) of 14 May 2002, as they relate to the improvement of the
humanitarian programme for Iraq,
Convinced of the need as a temporary measure to continue to provide for
the civilian needs of the Iraqi people until the fulfilment by the Government of
Iraq of the relevant resolutions, including notably resolutions 687 (1991) of 3
April 1991 and 1284 (1999), allows the Council to take further action with
regard to the prohibitions referred to in resolution 661 (1990) of 6 August
Taking note of the Secretary-General’s report S/2002/1239 of 12
November 2002,
Determined to improve the humanitarian situation in Iraq,
Reaffirming the commitment of all Member States to the sovereignty and
territorial integrity of Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides to extend the provisions of resolution 1409 (2002) until
United Nations
Security Council
Distr.
GENERAL
S/RES/1447 (2002)
4 December 2002
RESOLUTION 1447 (2002)
Adopted by the Security Council at its 4656th meeting,
on 4 December 2002
The Security Council,
Recalling its previous relevant resolutions, including resolutions 986
(1995) of 14 April 1995, 1284 (1999) of 17 December 1999, 1352 (2001) of
1 June 2001, 1360 (2001) of 3 July 2001, 1382 (2001) of 29 November 2001
and 1409 (2002) of 14 May 2002, as they relate to the improvement of the
humanitarian programme for Iraq,
Convinced of the need as a temporary measure to continue to provide for
the civilian needs of the Iraqi people until the fulfilment by the Government of
Iraq of the relevant resolutions, including notably resolutions 687 (1991) of 3
April 1991 and 1284 (1999), allows the Council to take further action with
regard to the prohibitions referred to in resolution 661 (1990) of 6 August
Taking note of the Secretary-General’s report S/2002/1239 of 12
November 2002,
Determined to improve the humanitarian situation in Iraq,
Reaffirming the commitment of all Member States to the sovereignty and
territorial integrity of Iraq,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the provisions of resolution 986 (1995), except those
contained in paragraphs 4, 11 and 12, and the provisions of paragraphs 2, 3
and 6 to 13 of resolution 1360 (2001) and subject to paragraph 15 of
resolution 1284 (1999) and the other provisions of this present resolution,
shall remain in force for a new period of 180 days beginning at 0001 hours,
Eastern Standard Time, on 5 December 2002;
(S/2002/515) and the procedures for its implementation, for adoption no later
than 30 days from the adoption of this resolution and thereafter to conduct
regular, thorough reviews;
3. Decides that, for the purposes of this resolution, references in
resolution 1360 (2001) to the 150-day period established by that resolution
shall be interpreted to refer to the 180-day period established pursuant to
paragraph 1 above;
4. Requests the Secretary-General to provide a comprehensive report to
the Council, at least one week prior to the end of the 180-day period, on the
basis of observations of United Nations personnel in Iraq, and of consultations
with the Government of Iraq, on whether Iraq has ensured the equitable
distribution of medicine, health supplies, foodstuffs, and materials and
supplies for essential civilian needs, financed in accordance with paragraph 8
(a) of resolution 986 (1995), including in his reports any observations which
he may have on the adequacy of the revenues to meet Iraq’s humanitarian
needs;
to submit an assessment report on the implementation of the Goods Review
List and its procedures 14 days before the end of the 180-day period referred
to in paragraph 1 above and to include in the report recommendations on any
necessary revision of the Goods Review List and its procedures;
United Nations
Security Council
Distr.
GENERAL
S/RES/1454 (2002)
30 December 2002
RESOLUTION 1454 (2002)
Adopted by the Security Council at its 4683rd meeting,
on 30 December 2002
The Security Council,
Recalling its previous relevant resolutions,
including resolution 661 (1990) of 6 August 1990, 986
(1995) of 14 April 1995, 1284 (1999) of 17 December
1999, 1352 (2001) of 1 June 2001, 1360 (2001) of 3
July 2001, 1382 (2001) of 29 November 2001, 1409
(2002) of 14 May 2002, and in particular, 1447 (2002)
of 4 December 2002,
Convinced of the need as a temporary measure to
continue to provide for the civilian needs of the Iraqi
people until the fulfilment by the Government of Iraq
of the relevant resolutions, including notably
resolutions 687 (1991) of 3 April 1991 and 1284
(1999), allows the Council to take further action with
regard to the prohibitions referred to in resolution 661
(1990), in accordance with the provisions of these
resolutions,
Reaffirming the commitment of all Member States
to the sovereignty and territorial integrity of Iraq,
Recalling its decision in resolution 1447 (2002) to
extend the programme originated by resolution 986
(1995) for 180 days commencing at 0001 hours,
Eastern Standard Time, on 5 December 2002 and
consider necessary adjustments to the Goods Review
List (S/2002/515) and the procedures for its
implementation for adoption no later than 3 January
2003 and thereafter to conduct regular, thorough
reviews of both,
Reiterating its determination to improve the
humanitarian situation in Iraq,
Acting under Chapter VII of the Charter of the
United Nations,
1.Approves, for implementation beginning at
0001 hours, Eastern Standard Time, on 31 December
2002, the adjustments to the Goods Review List
specified in Annex A to this resolution and the revised
procedures for implementation of the Goods Review
List set forth in Annex B to this resolution, as a basis
for the humanitarian programme in Iraq as referred to
in resolution 986 (1995) and other relevant resolutions;
2.Decides to conduct a thorough review of the
Goods Review List and the procedures for its
implementation both 90 days after commencement of
the period as defined in paragraph 1 of resolution 1447
(2002) and prior to the end of the 180-day period so
defined and thereafter to conduct regular, thorough
reviews, and, in this connection, requests the
Committee established by resolution 661 (1990) to
review the Goods Review List and the procedures for
its implementation as part of its regular agenda and
recommend to the Security Council necessary additions
to, and/or deletions from, the Goods Review List and
procedures;
3.Directs the Secretary-General, within sixty
days, to develop consumption rates and use levels for
the implementation of paragraph 20 of Annex B of this
resolution;
4.Appeals to all States to continue to cooperate
in the timely submission of technically complete
applications and the expeditious issuing of export
licences and to take all other appropriate measures
within their competence in order to ensure that
urgently needed humanitarian supplies reach the Iraqi
population as rapidly as possible;
Annex A
Textual entries for the proposed item changes to the Goods Review List
Chemical Section:
(1)C.l.0.4.1.0: Quantities of Atropine in doses greater
than 0.6 mg/ml, Pralidoxime, Pyridostigmine and their
respective salts, medical solutions of Sodium Nitrite,
Sodium Thiosulfate that exceed the established
consumption rates.
(2)A.52: Any inorganic phosphide that exceeds
established consumption rates.
Note: Quantities of phosphides utilized with food grain
shipments do not require review provided the amounts
do not exceed 20 g of phosphide per metric tonne of
grain.
(3)A.02, A.06, A.07, A.08, B.0l, B.02, B.03, B.08,
B.l0, B.11, B.12: Remove n=1-3 restriction on various
chemical entries.
Note: For List B chemicals:
Where n=1-3, the chemical shall be
considered prohibited. Where n>3, the
chemical will be referred for review
(4)1.A.4.d: Quantities of activated carbon, that have
been tested and certified effective for chemical
weapons agent absorption, that exceed the established
consumption rates.
(5)A.53: Quantities of organophosphate pesticides
that exceed established consumption rates.
(6)C.l0.4.6: Equipment designed for the disposal of
toxic chemicals as follows:
(a)Incineration equipment with an average
combustion chamber temperature of over 1,273 K
(1,000 C) or catalytic incineration equipment with
an average combustion chamber temperature of
over 623 K (350 C);
(b)Equipment utilizing disposal technologies
other than incineration equipment in (a) to
detoxify toxic chemicals including but not limited
to liquid neutralization, gas phase chemical
reduction, supercritical water oxidation, direct
chemical oxidation, solvated electron, and plasma
arc processes.
b.l.Liquid neutralization equipment, and
specially designed waste supply and material
handling systems, with reactor volumes of 0.1003
m (100 litres) or greater, in which all surfaces
that come into direct contact with the toxic
chemicals are made from corrosion resistant
materials.
b.2.Gas phase chemical reduction equipment, and
specially designed waste supply and material
handling systems, with continuous flow capacities
for the disposal of toxic chemicals of 0.05 m3/hr
(50 litres/hour) or greater, in which all surfaces
that come into direct contact with the toxic
chemicals are made from corrosion resistant
materials.
b.3.Supercritical water oxidation equipment, and
specially designed waste supply and material3
handling systems, with reactor volumes of 0.05 m
(50 litres) or greater, in which all surfaces that
come into direct contact with the toxic chemicals
are made from corrosion resistant materials.
b.4.Direct chemical oxidation equipment, and
specially designed waste supply and material
handling systems, with reactor volumes of 0.1003
m (100 litres) or greater, in which all surfaces
that come into direct contact with the toxic
chemicals are made from corrosion resistant
materials.
b.5.Solvated electron equipment, and specially
designed waste supply and material handling3
systems, with reactor volumes of 0.100 m (100
litres) or greater, in which all surfaces that come
into direct contact with the toxic chemicals are
made from corrosion resistant materials.
b.6.Plasma arc equipment, and specially designed
waste supply and material handling systems, with
continuous flow capacities for the disposal of3
toxic chemicals of 0.05 m/hour (50 litres/hour) or
greater, in which all surfaces that come into direct
contact with the toxic chemicals are made from
corrosion resistant materials.
(7)Entry (vii) and (viii) on list of materials
encompassed by the term “corrosion resistant”: (vii)
nickel or alloys with more than 40 +/- 2 percent nickel
by weight (some examples: Alloy 400, AMS 4675,
ASME SB 164-B, ASTM B-127, DIN2.4375, EN60,
FM60, IN60, Hastelloy, Monel, K500, UNS NO4400,
Inconel 600, Colmonoy Nr.6); (viii) alloys with more
than 25 +/- 2 percent nickel and 20 +/- 2 percent
chromium and/or copper by weight (some examples:
Alloy 825, Cunifer 30Cr, EniCu-7, IN 732 X, Inconel
800, Monel 67, Monel WE 187, Nicrofer 3033, UNS
C71900, 904L, and CP40).
(8)C.10.4.11: Quantities of autoinjectors that exceed
the established consumption rate.
(9)C.l0.4.2: Corrosion resistant multiple-seal, canned
drive, magnetic drive, bellows or diaphragm pumps, or
progressive cavity tubing pumps (including peristaltic or
roller pumps in which only the elastometric tubing is
corrosion resistant) with manufacturer’s specified3
maximum flow rate of 0.01 m per minute or greater
under standard temperature (293 K) and standard
pressure (101.30 kP) conditions.
Corrosion resistant vacuum pumps with manufacturer’s3
specified maximum flow rate greater than 0.08 m per
minute under standard temperature (293 K) and
pressure (101.30 kP) conditions and the following
components:
Impellers
Casings
(10)C.10.4.4: Corrosion resistant valves with a
smallest inner diameter of 12.5 mm or more and the
following components:
Valve wetted parts
Biological Section:
(1)12: Quantities of Ciprofloxacin, Doxycycline,
Gentamycin, Streptomycin that exceed the established
consumption rates.
(2)2.5: Sterilizing equipment designed to sterilize
infectious material, with an internal volume equal to3
Doors
Door Seals
(3)3.3: Orbital or reciprocal shakers with a total flask
capacity greater than 25 litres, designed for use with
biological material.
Shaking incubators with a total flask capacity greater
than 25 litres, designed for use with biological
material.
(4)5: Quantities of formulated powdered growth
media or cell culture media that exceed the established
humanitarian use levels.
Quantities of formulated concentrated liquid growth
media or cell culture media that exceed the established
consumption rates.
Microbial grade yeast extract.
Cell culture grade fetal bovine serum.
(5)4.1: Centrifugal separators (or decantors) designed
for use with biological material capable of continuous
operation at a flow rate of 20 litres per hour or greater
and specially designed rotors therefor.
(6)4.2: Batch centrifuges with a rotor capacity of 10
litres or greater, designed for use with biological
agents.
(7)11: Equipment for the microencapsulation of live
microorganisms and toxins in the range of 1-15 micron
particle size, to include interfacial polycondensors and
phase separators, and materials such as lactic acid-
glycolic acid copolymer, polyethylene glycol 6000,
liposome materials such as phosphatidyl choline and
hydrogels such as polyvinylalcohol and
polyhydroxyethylmethacrylate, and agarose gel
microspheres.
(8)14: Filter presses and drum dryers capable of use
with biological material.
(9)13: Materials such as ion-exchange resins, gel
filtration resins for column chromatography, and
affinity chromatography resins used for the separation
or purification of toxins.
(10)1.2.14: Hantaviruses; 1.2.53: Lumpy Skin
Disease virus.
(11)7.2: Aerosol disseminators (other than aircraft
sprayers or foggers), capable of dispersing aerosols
with an ultimate mean size of 15 microns or less at a
flow rate exceeding 1 litre of liquid suspension per
minute or 10 grams of dry material per minute and the
following components:
Spray tanks
Certified pumps Spray nozzles
Note: This entry excludes dry powder fire
extinguishers.
Missile Section:
(1)2.1: Rocket motor cases and production equipment
therefor including interior lining, insulation and
nozzles, and the technology, the production facilities
and production equipment therefor to include computer
controlled welding machines, non-destructive testing
(NDT) equipment capable of using ultrasonic or X-ray
to inspect motor case/engine welds; engines, including
devices to regulate combustion, and components
therefor.
(2)8.3.1.2: Theodolites with an accuracy of 15 arc
seconds or greater accuracy.
(3)4.2.3: (a) Fluid energy mills usable for grinding or
milling ammonium perchlorate, RDX or HMX and
ammonium perchlorate hammer and pin mills and the
following components:
Casings
Hammer/Anvils
(b)Equipment capable of sizing the resulting
particles to below 400 microns.
(4)5.2, 5.3.1.a and 5.4.a: Modify missile entries to
delete the phrase “designed for use in inertial
navigation systems or in guidance systems of all
types”.
(5)9.1.3: Test benches/stands capable of handling
solid or liquid propellant rockets or rocket motors of
more than 10 kN (2,248 lbs) of thrust, or capable of
measuring one or more of the three axial thrust
components along with spare parts, equipment and
associated components (e.g. load cells, test sensors).
9.1.3.1: Load cells capable of measuring 8 kN (2,000
lbs) or greater.
9.1.3.2: Pressure transducers capable of measuring
Conventional Section:
(1)7.B.4: Global Navigation Satellite System (GNSS)
jammers, GNSS-band signal generators, GNSS
waveform/code simulators or GNSS receiver test
equipment.
(2)9.A.13.a: Low-bed trailers/loaders (height of 1.2
m or less) with a payload capacity of 20 MT or greater;
bed width of 2.0 metres or more, including those
vehicles with any extenders fully deployed; kingpin of
2.5 inches or greater; 3 or more axles; and tyre size of
1,200 x 20 or greater. Tractor or cab may or may not be
attached.
(3)5.A.l.b.7: b. Telecommunications transmission
equipment and systems, and specially designed
components and accessories therefor, having any of the
following characteristics, functions or features:
7.Being radio equipment employing “time
modulated ultra-wideband” techniques, having
user programmable channelizing or scrambling
codes.
5.A.2.a.: Systems, equipment, application specific
“electronic assemblies”, modules and integrated
circuits for information security, as follows, and other
specially designed computer components therefor:
5.A.2.a.9: Designed or modified to use cryptographic
techniques to generate channelizing or scrambling
codes for “time modulated ultra-wideband” systems.
(4) 7.A.3: Inertial Navigation Systems and inertial
equipment and components designed therefor:
a.Inertial navigation systems (gimballed or
strapdown) and in inertial equipment designed for
“aircraft”, land vehicle or “spacecraft” for
attitude, guidance or control, having any of the
following characteristics, and components
designed therefor:
a.l.(Renumbering of current GRL entry 7.A.3.a.)
a.2.(Renumbering of current GRL entry 7.A.3.b.)
b.Hybrid Inertial Navigation Systems
embedded with Global Navigation Satellite
System(s) (GNSS) or with “Data-based referenced
Navigation” (“DBRN”) System(s) for attitude,
guidance or control, subsequent to normal
alignment, having an INS navigation position
accuracy, after loss of GNSS or “DBRN” for a
period of up to 4 minutes, of less (better) than 10
metres Circular Error Probable (CEP).
(5)5.A.l.b.8: Radio Intercept/Direction Finding (DF)
Equipment/Systems .
(6)5.A.l.b.7: Being broadcast transmitter (e.g. for
radio or television) equipment operating in the .5-500
MHz (MF to UHF broadcast bands) with output power
levels above 1 kW (Root-Mean-Square (RMS)).
(7)1.A.6: Carbon Nanotube Materials; I.B.4:
Scanning Probe Microscope equipment or systems;
I.E.3: Carbon Nanotube Technology.
(8)7.A.8: Full-Motion Flight Simulators/Training
Systems for civilian transport aircraft.
(9)9.A.13.b and c: Trucks with any military attributes
(e.g., armour plating, electromagnetic pulse hardened,
independent steering, Global Navigation Satellite
Systems (GNSS), Global Navigation Satellite System
Jammers and/or Night Vision Systems) or trucks with
any of the following attributes: all-wheel drive
capability, payload of 20 tons or greater, reinforced
chassis, 370 or more engine horsepower, central tyre
inflation, run flat capability and/or semi-pneumatic
tyres, or independent levelling/stabilization. Truck
chassis equipped with hydraulic lift systems over 8
tonnes or capable of attachments such as hoists, cranes,
drills, and oil well workover capabilities would be
covered as items for review.
(9)A.13.c: Tyres with equal to or greater than 16 ply
rating or 10.00 x 20 tyres with non-directional, cross-
country (NDCC) tread.
(9)B.l1: Moulds designed for the production of the
tyres identified in 9.A.13.c.
(10)3.E.3.g: Other “technology” for the
“development” or “production” of:
g.Electronic vacuum tubes operating at
frequencies of 31 GHz or higher.
(11)8.A.l.j: Fast/Workboats, of any construction,
with length overall (LOA) in excess of 15 metres
capable of speed in excess of 20 knots when laden with
rated payload in excess of 1.5 tons or,
Fast/Workboats, of any construction, with length
overall (LOA) in excess of 15 metres capable of speed
in excess of 20 knots and equipped with corrosion-
resistant firefighting water pumps and corrosion
resistant nozzles, or
Fast/Workboats, of any construction, with length
overall (LOA) in excess of 15 metres capable of speed
in excess of 20 knots and equipped with or capable of
being equipped with (defined as free or reinforced deck
space equal to or greater than 2 metres square or 4
square metres) a crane or cranes with load capacity of
one or more metric tons.
(12)6.A.8: RADAR: ... Note: ... 6.A.8 does not
require review of: ... d. Meteorological (weather) Radar.
Delete sub-item “d” from the above-referenced
exclusion note.
6.A.8.a: All airborne radar equipment and
specially designed components therefor, not
including radars specially designed for
meteorological use ...”.
Delete “... radars specially designed for
meteorological use ...”.
Note: 6.A.8.k does not require review of LIDAR
equipment specially designed for surveying or
meteorological observation.
Delete “... or meteorological observation”.
6.A.9: Equipment or systems, and components
designed or adapted therefor, for meteorological
observation, modelling and simulation, and/or
forecasting.
equipment for equipment, systems, and
components adapted therefor, for which review is
required under 6.A.9.
“production”, or “use” of equipment or systems
requiring review under 6.A.9 or 6.B.9.
6.D.4.b: “Software” designed or adapted for
meteorological modelling or simulation.
6.E.4: “Technology” according to the General
Technology Note for the “use” of items for which
review is required by 6.A.9, 6.B.9 or 6.D.4.
Annex B
Goods Review List procedures
1.The following procedures replace paragraphs 29
to 34 of document S/1996/636* and other existing
procedures, notably for the implementation of the
relevant provisions of paragraphs 17, 18, and 25 of
resolution 1284 (1999) related to the processing of
applications to be financed from the escrow account
established pursuant to paragraph 7 of resolution 986
(1995).
2.Each application (the “Notification or Request to
Ship Goods to Iraq,” as attached to these procedures,
hereafter referred to as “the application,”) for the sale
or supply of commodities or products to include
services ancillary to the supply of such commodities
and products, to Iraq to be financed from the escrow
account established pursuant to paragraph 7 of
resolution 986 (1995) must be forwarded to the Office
of the Iraq Programme (OIP) by the exporting States
through permanent or observer missions, or by United
Nations agencies and programmes. Each application
should include complete technical specifications, as
requested in the standard application form, concluded
arrangements (e.g., contracts), and other relevant
information, including, if known, whether the
application contains any item(s) covered by the Goods
Review List (GRL), in order for a determination to be
made on whether the application contains any item
referred to in paragraph 24 of resolution 687 (1991) as
it relates to military commodities and products, or
military-related commodities or products covered by
the GRL.
3.Each application will be reviewed and registered
by OIP within ten working days. In the case of a
technically incomplete application, OIP may request
additional information before transmitting the
application to the United Nations Monitoring,
Verification and Inspection Commission (UNMOVIC)
and the International Atomic Energy Agency (IAEA).
If OIP determines that the requested information is not
provided within 90 days, the application will be
considered supplier-inactive and no further action on
the application will be taken until the information is
provided. If the requested information is not received
within a further 90 days, the application will lapse. OIP
should notify the submitting mission or United Nations
agency in writing of any change in the status of the
application. The OIP will identify an official to act as
a contact point on each application.
4.After OIP registration of the application, each
application will be evaluated by technical experts from
UNMOVIC and IAEA in order to determine whether
the application contains any item referred to in
paragraph 24 of resolution 687 (1991) as it relates to
military commodities and products, or military-related
commodities or products covered by the GRL (GRL
item(s)). At their discretion and subject to the approval
of the 661 Committee, UNMOVIC and IAEA may
issue guidance regarding what categories of
applications do not contain any item(s) covered by
paragraph 24 of resolution 687 (1991) as it relates to
military commodities and products, or military-related
commodities or products covered by the GRL.
UNMOVIC, IAEA and OIP, working in consultation,
may develop a procedure whereby OIP may evaluate
and approve applications that, based on this guidance,
fall within these categories.
UNMOVIC and IAEA should put into their
records the information about the applications
mentioned in subparagraphs a, b, c and d below,
without prejudice to the review of these applications
under the current procedures, and this information
should be subject to review, together with the reviews
of the GRL and its procedures as set forth in paragraph
(a)An application contains information about an
item reviewed by UNMOVIC and IAEA that can be
applied to weapons of mass destruction or missiles
systems, or increase conventional military capabilities;
or,
(b)The technical review of an application by
UNMOVIC and IAEA yields ambiguity as to whether
the technical specifications of any item included in
such application are items covered by the GRL; or,
(c)The technical evaluation of any application
conducted by UNMOVIC or IAEA determines that the
amount of any item included in an application exceeds
requirements typically associated with the civilian end
use and the item is deemed to have potential military
applications;
(d)The 661 Committee may request that Iraq
explain the apparent stockpiling of an item through its
purchases, and may request that OIP conduct an
independent investigation.
In general, when experience under resolution 1409
(2002) and this resolution indicates to OIP,
UNMOVIC, and the IAEA a need for adjustment of the
Goods Review List and its procedures with a view to
facilitating the flow of humanitarian goods to Iraq,
then OIP, UNMOVIC, and the IAEA shall recommend
appropriate adjustments for consideration by the
Council in the context of regular reviews of the Goods
Review List and its procedures.
5.Military goods and services are prohibited for sale
or supply to Iraq under paragraph 24 of resolution 687
(1991) and are not subject to review under the GRL.
For consideration of dual-use goods and services
referred to in paragraph 24 of resolution 687 (1991),
UNMOVIC and IAEA should process these goods and
services pursuant to paragraph 9 of these procedures.
UNMOVIC and/or IAEA will have ten working days to
evaluate an application as set forth in paragraphs 4 and
5. Absent action by UNMOVIC and/or IAEA within
the ten working day period, the application will be
considered approved. In the course of conducting the
technical evaluation as set out in paragraphs 4 and 5
above, UNMOVIC and/or IAEA may request
additional information from the submitting missions or
United Nations agency. The submitting mission or
United Nations agency should provide the additional
information requested within a period of 90 days. Once
UNMOVIC and/or IAEA receive the requested
information, UNMOVIC and/or IAEA will have ten
working days to evaluate the application under the
procedure set forth in paragraphs 4 and 5.
7.If UNMOVIC and/or IAEA determine that the
submitting mission or United Nations agency has not
provided the requested additional information within
the 90-day period set out in paragraph 6 above, the
application will be considered supplier-inactive and no
further action on the application will be taken until the
information is provided. If the requested information is
not provided within a further 90 days, the application
will lapse. OIP should notify the submitting mission or
United Nations agency in writing of any change in the
status of the application.
8.If UNMOVIC and/or the IAEA determine that the
application contains any item referred to in paragraph
24 of resolution 687 (1991) as it relates to military
commodities and products, the application shall be
considered ineligible for approval for the sale or supply
to Iraq. UNMOVIC and/or IAEA will provide to the
submitting mission or United Nations agency through
OIP a written explanation of this determination.
9.If UNMOVIC and/or IAEA determine that the
application contains any GRL item(s), they will
immediately inform through OIP the submitting
mission or United Nations agency. Pursuant to
paragraph 11 below, absent a request by the submitting
mission or United Nations agency for reconsideration
within ten working days, OIP will forward the
application containing the GRL item(s) to the 661
Committee for the purpose of evaluating whether the
GRL item(s) may be sold or supplied to Iraq.
UNMOVIC and/or IAEA will provide to the 661
Committee through OIP a written explanation of this
determination. In addition, OIP, UNMOVIC and/or
IAEA, at the request of the submitting mission or
United Nations agency, will provide to the 661
Committee a complete and thorough assessment of the
humanitarian, economic and security implications, of
the approval or denial of the GRL item(s), including
the viability of the whole contract in which the GRL
item(s) appears and the risk of diversion of the item(s)
for military purposes. The assessment provided by OIP
to the 661 Committee should be transmitted in parallel
by OIP to the submitting mission or United Nations
agency. OIP will immediately inform appropriate
United Nations agents of the finding of a GRL item(s)
in the application and that the GRL item(s) may not be
sold or supplied to Iraq unless otherwise notified by
OIP that the procedures set forth in paragraphs 11 or 12
have resulted in approval for sale or supply of the GRL
item to Iraq. The remaining items in the application,
which are determined as not covered by the GRL, will
be considered approved for sale or supply to Iraq and,
at the discretion of the submitting mission or United
Nations agency, and with the consent of the contracting
parties, will be processed according to the procedure in
paragraph 10 below. The relevant approval letter may
be issued for such approved items under request from
the submitting mission or United Nations agency.
10.If UNMOVIC and/or IAEA determine that the
application does not contain any item referred to in
paragraph 4 above, OIP will inform immediately the
Government of Iraq and the submitting mission or
United Nations agency in written form. The exporter
will be eligible for payment from the escrow account
established pursuant to paragraph 7 of resolution 986
(1995) upon verification by United Nations agents that
the items in the application have arrived in Iraq as
contracted. OIP and the United Nations Treasury will
inform the banks within five working days that the
items in the application have arrived in Iraq.
11.If the mission or United Nations agency
submitting an application disagrees with the
determination that an application contains an item(s)
covered by paragraph 24 of resolution 687 as it relates
to military commodities and products, or military-
related commodities or products covered by the GRL,
it may request a reconsideration of this decision, based
on the provision of technical information and/or
explanations not previously included in the application,
within ten working days to OIP. In that event,
UNMOVIC and/or IAEA, will appoint experts to
reconsider the item(s) in accordance with the
procedures set out in paragraphs 4 to 6 above. The
decision of UNMOVIC and/or IAEA will be final and
no further reconsideration will be permitted.
UNMOVIC and/or IAEA will provide to the 661
Committee through OIP a written explanation of the
final decision of the reconsideration process.
Applications shall not be forwarded to the 661
Committee until the reconsideration period has expired
without a request being filed.
12.Upon receipt of an application pursuant to
paragraphs 9 or 11 above, the 661 Committee will have
10 working days to determine under existing
procedures whether the item(s) may be sold or supplied
to Iraq. The Committee may take a decision on an
item(s) according to the following options: (a) Approval;
(b) Approval subject to conditions as stipulated by the
661 Committee; (c) Denial;(d) Request for additional
information. Absent action by the Committee within
the 10 working day period, the application will be
considered approved. A Committee member may
request additional information. If the additional
information is not provided in the 90-day period, the
item(s) will be considered supplier-inactive and no
further action on the application will be taken until the
information is provided. If the requested information is
not provided within a further 90 days, the application
will be considered lapsed. OIP should notify the
submitting mission or United Nations agency in
writing of any change in the status of the application.
The 661 Committee will have 20 working days to
evaluate the requested additional information once
provided by the submitting mission or United Nations
agency. Absent action by the Committee during the 20
working day period, the item will be considered
approved.
13.Where the 661 Committee does not approve an
item(s) for sale or supply to Iraq, the Committee will
notify the submitting mission or United Nations agency
with an explanation through OIP accordingly. The
submitting mission or United Nations agency will have
30 working days to petition OIP to have the 661
Committee reconsider its decision based on new
information not previously included in the application
as reviewed by the 661 Committee. A decision by the
661 Committee on a petition received during this
period shall be made within five working days and
shall be considered final. Absent such a petition within
30 working days, the item will be considered ineligible
for sale or supply to Iraq and OIP will notify the
submitting mission or United Nations agency
accordingly.
14.If an item(s) is found ineligible for sale or supply
to Iraq or if an application is considered lapsed, the
supplier may submit a new application based on either
a new or an amended contract or donation
documentation, and the new application will be
evaluated under the procedures enumerated in this
document and will append the original application (for
information purposes only and to facilitate review).
15.If an item(s) is substituted for an item(s) that is
either found ineligible for sale or supply to Iraq or is
considered lapsed, the new item(s) will be submitted as
a new application under the procedures enumerated in
this document and will append the original application
(for information purposes only and to facilitate
review).
16.Experts from OIP, UNMOVIC and IAEA who
evaluate applications should be drawn from the
broadest possible geographical base.
17.The United Nations Secretariat will report to the
661 Committee at the end of each phase on the status
of all applications submitted during this period,
including contracts recirculated pursuant to paragraph
18 below. The Secretariat will provide to members of
the 661 Committee, at their request, copies of
applications approved by OIP, UNMOVIC, and IAEA,
within three working days after their approval, for
information purposes only.
18.Notwithstanding provisions of paragraph 17
above, all technical information transmitted to OIP,
UNMOVIC and/or IAEA by the submitting missions or
United Nations agency in accordance with these
procedures is totally confidential.
19.OIP will divide contracts currently on hold into
two categories: category A and category B. Category
A will contain contracts on hold that have been
designated by UNMOVIC as containing item(s) on one
or more of the United Nations Security Council
resolution 1051 lists. Category A will also contain
contracts that were both processed before the Security
Council adopted United Nations Security Council
resolution 1284 and assessed by one or more members
of the 661 Committee as containing item(s) on one or
more of the United Nations Security Council resolution
1051 lists. OIP will consider contracts in category A to
be “returned to the submitting mission or United
Nations agency” and will notify the submitting mission
or United Nations agency accordingly, including
national comments if possible. The submitting mission
or United Nations agency may submit a contract in
category A as a new application under the GRL
procedures. In category B will be all other contracts
currently on hold. Contracts in category B will be
recirculated by OIP under the GRL procedures. OIP
will append the original committee registration number
and national comments, for information purposes only,
to any recirculated contracts. OIP should start this
recirculation procedure within 60 days of adoption of
this resolution and should complete the recirculation
process within 60 days thereafter.
20.OIP shall approve humanitarian consumption rates
and use levels for each chemical and medication
specified in items 1, 2, 4, 5 and 8, Chemical Section
and item 1 and 4, Biological Section of Annex A to the
resolution. In establishing consumption rates, OIP shall
be guided by information of typical civilian utilization
of each item specified as appropriate for different
periods of the year. OIP shall be guided further by the
Council’s central objective to facilitate and expedite
the flow of medicines and medicinal chemicals for the
benefit of the Iraqi people while providing the Council
an opportunity to prevent stockpiling of such items to
support military and weapons of mass
destruction/missile applications. Proposed purchases
by Iraq of these items that do not exceed the
consumption rates established for each item shall be
approved by the Secretariat; proposed purchases of
these items that exceed the established consumption
rates shall be referred to the 661 Committee for review
consistent with these procedures. OIP shall process
applications for these materials in the interim 60-day
period prior to the implementation of this paragraph
under the procedures established pursuant to resolution