Iraq-Kuwait: United Nations Security Council Resolutions Texts -- 1992-2002

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Iraq-Kuwait: United Nations

Security Council Resolutions

Texts – 1992-2002

Updated January 28, 2003

-na-e redactedSpecialist 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

S/1996/204 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

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.)

S/1998/208 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76

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.

S/RES/1293 (2000) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129

[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

the Council has repeatedly warned Iraq that it will face serious consequences

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

CRS-2

for 1997 and 1998 include appropriate underlining. The reader may see differences

between the resolutions before April 1998 and those adopted after that date.

CRS-3

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

CRS-4

!

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

CRS-5

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

CRS-6

!

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 preagreed 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

CRS-7

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)

CRS-8

CRS-9

Texts of the Resolutions

CRS-10

UNITED

NATIONS

S

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;

CRS-11

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;

7. Decides to remain seized of the matter.

CRS-12

UNITED

NATIONS

S

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.

CRS-13

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

1991,

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

CRS-14

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;

5. Requests the Secretary-General:

(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

CRS-15

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;

14. Decides to remain seized of this matter.

CRS-16

UNITED

NATIONS

S

Security Council

Distr.

GENERAL

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

1993 (S/25081) and on 11 January 1993 (S/25091),

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;

CRS-17

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;

5. Decides to remain seized of the matter.

CRS-18

UNITED

S

NATIONS

Security Council

Distr.

GENERAL

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,

CRS-19

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;

2. Welcomes also the successful conclusion of the work of the Commission;

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

687 (1991) and paragraph 4 of resolution 773 (1992);

7. Decides to remain seized of the matter.

CRS-20

UNITED

NATIONS

S

Security Council

Distr.

GENERAL

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).

CRS-21

UNITED

NATIONS

S

Security Council

Distr.

GENERAL

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

27 May 1993, and in particular paragraph 2 of resolution 678 (1990),

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

687 (1991) and 833 (1993),

CRS-22

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;

6. Decides to remain actively seized of the matter.

CRS-23

UNITED

NATIONS

S

Security Council

Distr.

GENERAL

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,

1. Authorizes States, notwithstanding the provisions of paragraphs 3 (a),

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

CRS-24

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;

2. Authorizes Turkey, notwithstanding the provisions of paragraphs 3 (a), 3 (b)

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

8 (c) below for the Compensation Fund, to meet the pipeline tariff charges,

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

CRS-25

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;

CRS-26

(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

CRS-27

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

180 day period on the implementation of those arrangements;

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;

19. Decides to remain seized of the matter.

CRS-28

UNITED

NATIONS

S

Security Council

Distr.

GENERAL

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

715 (1991),

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,

CRS-29

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,

27 and 28 of the mechanism;

(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;

CRS-30

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

CRS-31

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;

17. Decides to remain seized of the matter.

CRS-32

UNITED

NATIONS

S

Security Council

Distr.

GENERAL

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

715 (1991) of 11 October 1991,

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

21 July 1993 (S/26127) and 1 December 1993 (S/26825),

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

CRS-33

(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

715 (1991);

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;

4. Decides to remain seized of the matter.

CRS-34

UNITED

S

NATIONS

Security Council

Distr.

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

CRS-35

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

CRS-36

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.

1700 - The President of the Council calls in the Iraqi Permanent Representative.

1845 - The Council resumes informal consultations and agrees that it will meet the

following morning if the situation is not resolved.

2000 - The President of the Council briefs the media.

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.

––-

CRS-37

UNITED

S

NATIONS

Security Council

Distr.

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

9 (b) (i) OF SECURITY COUNCIL RESOLUTION 687 (1991)

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

CRS-38

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

––-

CRS-39

UNITED

S

NATIONS

Security Council

Distr.

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

CRS-40

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.

CRS-41

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.

CRS-42

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

CRS-43

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.

––-

CRS-44

UNITED

S

NATIONS

Security Council

Distr.

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’.

CRS-45

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

1 December 1993 (S/26825).

“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.”

––-

CRS-46

UNITED

S

NATIONS

Security Council

Distr.

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,

CRS-47

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;

6. Decides to remain seized of the matter.

-----

CRS-48

UNITED

S

NATIONS

Security Council

Distr.

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

1991 and 1060 (1996) of 12 June 1996,

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

CRS-49

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;

8. Decides to remain seized of the matter.

-----

CRS-50

UNITED

S

NATIONS

Security Council

Distr.

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

14 April 1995 and 1111 (1997) of 4 June 1997,

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),

CRS-51

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,

1. Decides that the provisions of resolution 1111 (1997) shall remain in force,

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;

5. Decides to remain seized of the matter.

-----

CRS-52

UNITED

S

NATIONS

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

1991, 1060 (1996) of 12 June 1996, and 1115 (1997) of 21 June 1997,

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

CRS-53

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

CRS-54

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;

10. Decides to remain seized of the matter.

-----

CRS-55

UNITED

S

NATIONS

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

CRS-56

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

1115 (1997),

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

1997 to seek to impose conditions on cooperation with the Special Commission,

CRS-57

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;

CRS-58

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;

11. Decides to remain seized of the matter.

-----

CRS-59

UNITED

S

NATIONS

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

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,

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

661 (1990) of 6 August 1990 (S/1997/942),

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,

CRS-60

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

CRS-61

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);

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;

10. Decides to remain seized of the matter.

-----

CRS-62

UNITED

S

NATIONS

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,

CRS-63

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

CRS-64

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

2 above and to prepare an independent report on Iraqi production and

CRS-65

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;

16. Decides to remain seized of the matter.

-----

CRS-66

UNITED

S

NATIONS

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

1998 (S/1998/166) and looks forward to its early and full implementation;

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);

3. Stresses that compliance by the Government of Iraq with its obligations,

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

CRS-67

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.

-----

CRS-68

UNITED

NATIONS

S

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

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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

CRS-70

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:

1. The Republican Palace Presidential Site (Baghdad).

2. Radwaniyah Presidential Site (Baghdad).

3. Sijood Presidential Site (Baghdad).

4. Tikrit Presidential Site.

5. Tharthar Presidential Site.

6. Jabal Makhul Presidential Site.

7. Mosul Presidential Site.

8. Basrah Presidential Site.

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

1998 addressed by the Secretary-General to the Deputy Prime Minister of Iraq.

-----

CRS-71

UNITED

NATIONS

S

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

CRS-72

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.

2. The original team was composed of Staffan de Mistura, Team Coordinator,

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

CRS-73

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:

1. Republican Palace Presidential Site (Baghdad).

2. Radwaniyah Presidential Site (Baghdad).

3. Sijood Presidential Site (Baghdad).

4. Tikrit Presidential Site.

5. Thartar Presidential Site.

6. Jabal Nakhul Presidential Site.

7. Mosul Presidential Site.

8. Basra Presidential Site.

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.

CRS-74

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

23. The end result of this survey is enclosed herewith. It includes for each

presidential site:1 2

CRS-75

(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 small

presidential guesthouse: 600 m2 (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

CRS-76

UNITED

S

NATIONS

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

CRS-77

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

7. When it is determined in accordance with paragraph 13 below that there is a

need to carry out mandated tasks1 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.

CRS-78

9. The Executive Chairman of UNSCOM and/or the Director General of IAEA

shall designate the Head of the team.

10. The team may be divided into sub-teams for the performance of specific tasks,

if the Head of the team so decides.

Functions of senior diplomats

11. The functions of the senior diplomats shall be:

(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 ins

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