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[casi] Full Text Iraq UN Sanction Lifting Resolution



Full text of the resolution approved by the UN Security Council lifting economic sanctions against 
Iraq:
http://news.bbc.co.uk/2/hi/middle_east/3012847.stm

The Security Council:

Recalling all its previous relevant resolutions;

Reaffirming the sovereignty and territorial integrity of Iraq;

Reaffirming also the importance of the disarmament of Iraqi weapons of mass destruction and of 
eventual confirmation of the disarmament of Iraq;

Stressing the right of the Iraqi people freely to determine their own political future and control 
their own natural resources, welcoming the commitment of all parties concerned to support the 
creation of an environment in which they may do so as soon as possible, and expressing resolve that 
the day when Iraqis govern themselves must come quickly;

Encouraging efforts by the people of Iraq to form a representative government based on the rule of 
law that affords equal rights and justice to all Iraqi citizens without regard to ethnicity, 
religion, or gender, and, in this connection, recalls resolution 1325 (2000) of 31 October 2000;

Welcoming the first steps of the Iraqi people in this regard, and noting in this connection the 15 
April 2003 Nasiriya statement and the 28 April 2003 Baghdad statement;

Resolved that the United Nations should play a vital role in humanitarian relief, the 
reconstruction of Iraq, and the restoration and establishment of national and local institutions 
for representative governance;

Noting the statement of 12 April 2003 by the Ministers of Finance and Central Bank Governors of the 
Group of Seven Industrialised Nations in which the members recognised the need for a multilateral 
effort to help rebuild and develop Iraq and for the need for assistance from the International 
Monetary Fund and the World Bank in these efforts;

Welcoming also the resumption of humanitarian assistance and the continuing efforts of the 
secretary general and the specialised agencies to provide food and medicine to the people of Iraq;

Welcoming the appointment by the secretary general of his special adviser on Iraq;

Affirming the need for accountability for crimes and atrocities committed by the previous Iraqi 
regime;

Stressing the need for respect for the archaeological, historical, cultural, and religious heritage 
of Iraq, and for the continued protection of archaeological, historical, cultural, and religious 
sites, museums, libraries, and monuments;

Noting the letter of 8 May 2003 from the Permanent Representatives of the United States of America 
and the United Kingdom of Great Britain and Northern Ireland to the President of the Security 
Council (S/2003/538) and recognising the specific authorities, responsibilities, and obligations 
under applicable international law of these states as occupying powers under unified command (the 
"Authority");

Noting further that other states that are not occupying powers are working now or in the future may 
work under the Authority;

Welcoming further the willingness of member states to contribute to stability and security in Iraq 
by contributing personnel, equipment, and other resources under the Authority;

Concerned that many Kuwaitis and Third-State Nationals still are not accounted for since 2 August 
1990;

Determining that the situation in Iraq, although improved, continues to constitute a threat to 
international peace and security;

Acting under Chapter VII of the Charter of the United Nations,

1. Appeals to Member States and concerned organisations to assist the people of Iraq in their 
efforts to reform their institutions and rebuild their country, and to contribute to conditions of 
stability and security in Iraq in accordance with this resolution;

2. Calls upon all member states in a position to do so to respond immediately to the humanitarian 
appeals of the United Nations and other international organisations for Iraq and to help meet the 
humanitarian and other needs of the Iraqi people by providing food, medical supplies, and resources 
necessary for reconstruction and rehabilitation of Iraq's economic infrastructure;

3. Appeals to member states to deny safe haven to those members of the previous Iraqi regime who 
are alleged to be responsible for crimes and atrocities and to support actions to bring them to 
justice;

4. Calls upon the Authority, consistent with the Charter of the United Nations and other relevant 
international law, to promote the welfare of the Iraqi people through the effective administration 
of the territory, including in particular working towards the restoration of conditions of security 
and stability and the creation of conditions in which the Iraqi people can freely determine their 
own political future;

5. Calls upon all concerned to comply fully with their obligations under international law 
including in particular the Geneva Conventions of 1949 and the Hague Regulations of 1907;

6. Calls upon the Authority and relevant organisations and individuals to continue efforts to 
locate, identify, and repatriate all Kuwaiti and Third-State Nationals or the remains of those 
present in Iraq on or after 2 August 1990, as well as the Kuwaiti archives, that the previous Iraqi 
regime failed to undertake, and, in this regard, directs the high-level co-ordinator, in 
consultation with the International Committee of the Red Cross and the Tripartite Commission and 
with the appropriate support of the people of Iraq and in co-ordination with the Authority, to take 
steps to fulfil his mandate with respect to the fate of Kuwaiti and Third-State National missing 
persons and property;

7. Decides that all member states shall take appropriate steps to facilitate the safe return to 
Iraqi institutions, of Iraqi cultural property and other items of archaeological, historical, 
cultural, rare scientific, and religious importance illegally removed from the Iraq National 
Museum, the National Library, and other locations in Iraq since the adoption of resolution 661 
(1990) of 2 August 1990, including by establishing a prohibition on trade in or transfer of such 
items and items with respect to which reasonable suspicion exists that they have been illegally 
removed, and calls upon the United Nations Educational, Scientific, and Cultural Organization, 
Interpol, and other international organisations, as appropriate, to assist in the implementation of 
this paragraph;

8. Requests the secretary general to appoint a Special Representative for Iraq whose independent 
responsibilities shall involve reporting regularly to the Council on his activities under this 
resolution, co-ordinating activities of the United Nations in post-conflict processes in Iraq, 
co-ordinating among United Nations and international agencies engaged in humanitarian assistance 
and reconstruction activities in Iraq, and, in co-ordination with the Authority, assisting the 
people of Iraq through:

(a) co-ordinating humanitarian and reconstruction assistance by United Nations agencies and between 
United Nations agencies and non-governmental organisations;

(b) promoting the safe, orderly, and voluntary return of refugees and displaced persons;

(c) working intensively with the Authority, the people of Iraq, and others concerned to advance 
efforts to restore and establish national and local institutions for representative governance, 
including by working together to facilitate a process leading to an internationally recognised, 
representative government of Iraq;

(d) facilitating the reconstruction of key infrastructure, in co-operation with other international 
organisations;

(e) promoting economic reconstruction and the conditions for sustainable development, including 
through co-ordination with national and regional organisations, as appropriate, civil society, 
donors and the international financial institutions;

(f) encouraging international efforts to contribute to basic civilian administration functions;

(g) promoting the protection of human rights;

(h) encouraging international efforts to rebuild the capacity of the Iraqi civilian police force; 
and

(i) encouraging international efforts to promote legal and judicial reform.

9. Supports the formation, by the people of Iraq with the help of the Authority and working with 
the special representative, of an Iraqi interim administration as a transitional administration run 
by Iraqis, until an internationally recognised, representative government is established by the 
people of Iraq and assumes the responsibilities of the Authority;

10. Decides that, with the exception of prohibitions related to the sale or supply to Iraq of arms 
and related materiel other than those arms and related materiel required by the Authority to serve 
the purposes of this and other related resolutions, all prohibitions related to trade with Iraq and 
the provision of financial or economic resources to Iraq established by resolution 661 (1990) and 
subsequent relevant resolutions, including resolution 778 (1992) of 2 October 1992, shall no longer 
apply;

11. Reaffirms that Iraq must meet its disarmament obligations, encourages the United Kingdom of 
Great Britain and Northern Ireland and the United States of America to keep the Council informed of 
their activities in this regard, and underlines the intention of the Council to revisit the 
mandates of the United Nations Monitoring and Verification Commission and the International Atomic 
Energy Agency as set forth in resolutions 687 (1991) of 3 April 1991, 1284 (1999) of 17 December 
1999, and 1441 (2002) of 8 November 2002;

12. Notes the establishment of a Development Fund for Iraq to be held by the Central Bank of Iraq 
and to be audited by independent public accountants approved by the International Advisory and 
Monitoring Board of the Development Fund for Iraq and looks forward to the early meeting of that 
International Advisory and Monitoring Board, whose members shall include duly qualified 
representatives of the secretary general, of the managing director of the International Monetary 
Fund, of the director-general of the Arab Fund for Social and Economic Development, and of the 
president of the World Bank;

13. Notes further that the funds in the Development Fund for Iraq shall be disbursed at the 
direction of the Authority, in consultation with the Iraqi interim administration, for the purposes 
set out in paragraph 14 below;

14. Underlines that the Development Fund for Iraq shall be used in a transparent manner to meet the 
humanitarian needs of the Iraqi people, for the economic reconstruction and repair of Iraq's 
infrastructure, for the continued disarmament of Iraq, and for the costs of Iraqi civilian 
administration, and for other purposes benefiting the people of Iraq;

15. Calls upon the international financial institutions to assist the people of Iraq in the 
reconstruction and development of their economy and to facilitate assistance by the broader donor 
community, and welcomes the readiness of creditors, including those of the Paris Club, to seek a 
solution to Iraq's sovereign debt problems;

16. Requests also that the secretary general, in co-ordination with the Authority, continue the 
exercise of his responsibilities under Security Council resolution 1472 (2003) of 28 March 2003 and 
1476 (2003) of 24 April 2003, for a period of six months following the adoption of this resolution, 
and terminate within this time period, in the most cost effective manner, the ongoing operations of 
the oil-for-food programme (the "programme"), both at headquarters level and in the field, 
transferring responsibility for the administration of any remaining activity under the programme to 
the Authority, including by taking the following necessary measures:

(a) to facilitate as soon as possible the shipment and authenticated delivery of priority civilian 
goods as identified by the secretary general and representatives designated by him, in 
co-ordination with the Authority and the Iraqi interim administration, under approved and funded 
contracts previously concluded by the previous Government of Iraq, for the humanitarian relief of 
the people of Iraq, including, as necessary, negotiating adjustments in the terms or conditions of 
these contracts and respective letters of credit as set forth in paragraph 4 (d) of resolution 1472 
(2003);

(b) to review, in light of changed circumstances, in co-ordination with the Authority and the Iraqi 
interim administration, the relative utility of each approved and funded contract with a view to 
determining whether such contracts contain items required to meet the needs of the people of Iraq 
both now and during reconstruction, and to postpone action on those contracts determined to be of 
questionable utility and the respective letters of credit until an internationally recognised, 
representative government of Iraq is in a position to make its own determination as to whether such 
contracts shall be fulfilled;

(c) to provide the Security Council within 21 days following the adoption of this resolution, for 
the Security Council's review and consideration, an estimated operating budget based on funds 
already set aside in the account established pursuant to paragraph 8 (d) of resolution 986 (1995) 
of 14 April 1995, identifying:

(i) all known and projected costs to the United Nations required to ensure the continued 
functioning of the activities associated with implementation of the present resolution, including 
operating and administrative expenses associated with the relevant United Nations agencies and 
programs responsible for the implementation of the programme both at headquarters and in the field;

(ii) all known and projected costs associated with termination of the programme;

(iii) all known and projected costs associated with restoring Government of Iraq funds that were 
provided by member states to the secretary general as requested in paragraph 1 of resolution 778 
(1992) of 2 October 1992; and

(iv) all known and projected costs associated with the special representative and the qualified 
representative of the secretary general identified to serve on the International Advisory and 
Monitoring Board, for the six-month time period defined above, following which these costs shall be 
borne by the United Nations;

(d) to consolidate into a single fund the accounts established pursuant to paragraphs 8 (a) and 8 
(b) of resolution 986 (1995);

(e) to fulfil all remaining obligations related to the termination of the programme, including 
negotiating in the most cost-effective manner, any necessary settlement payments, which shall be 
made from the escrow accounts established pursuant to paragraphs 8(a) and 8 (b) of resolution 986 
(1995), with those parties that previously have entered into contractual obligations with the 
secretary general under the programme, and to determine, in co-ordination with the Authority and 
the Iraqi interim administration, the future status of contracts undertaken by the United Nations 
and related United Nations agencies under the accounts established pursuant to paragraphs 8 (b) and 
8 (d) of resolution 986 (1995);

(f) to provide the Security Council, 30 days prior to the termination of the programme, with a 
comprehensive strategy developed in close co-ordination with the Authority and the Iraqi interim 
administration that would lead to the delivery of all relevant documentation and the transfer of 
all operational responsibility of the programme to the Authority;

17. Requests further that the secretary general transfer as soon as possible to the Development 
Fund for Iraq $1bn from unencumbered funds in the accounts established pursuant to paragraphs 8 (a) 
and 8 (b) of resolution 986 (1995), restore Government of Iraq funds that were provided by member 
states to the secretary general as request in paragraph 1 of resolution 778 (1992), and decides 
that, after deducting all relevant United Nations expenses associated with the shipment of 
authorised contracts, and costs to the programme outlined in paragraph 16 (c) above, including 
residual obligations, all surplus funds in the escrow accounts established pursuant to paragraphs 8 
(a), 8 (b), 8 (d), and 8 (f) of resolution 986 (1995) shall be transferred at the earliest possible 
time to the Development Fund for Iraq;

18. Decides to terminate effective on the adoption of this resolution the functions related to the 
observation and monitoring activities undertaken by the secretary general under the programme, 
including the monitoring of the export of petroleum and petroleum products from Iraq;

19. Decides to terminate the Committee established pursuant to paragraph 6 of resolution 661 (1990) 
at the conclusion of the six months period called for in paragraph 16 above and further decides 
that the Committee shall identify individuals and entities referred to in paragraph 23 below;

20. Decides that all export sales of petroleum, petroleum products, and natural gas from Iraq 
following the date of the adoption of this resolution shall be made consistent with prevailing 
international market best practices, to be audited by independent public accountants reporting to 
the International Advisory and Monitoring Board referred to in paragraph 12 above in order to 
ensure transparency, and decides further that, except as provided in paragraph 21 below, all 
proceeds from such sales shall be deposited into the Development Fund for Iraq, until such time as 
an internationally recognised, representative government of Iraq is properly constituted;

21. Decides further that 5% of the proceeds referred to in paragraph 20 above shall be deposited 
into the Compensation Fund established in accordance with resolution 687 (1991) of 3 April 1991 and 
subsequent relevant resolutions and that, unless an internationally recognised, representative 
government of Iraq and the Governing Council of the United Nations Compensation Commission, in the 
exercise of its authority over methods of ensuring that payments are made into the Compensation 
Fund, decide otherwise, this requirement shall be binding on a properly constituted, 
internationally recognised, representative government of Iraq and any successor thereto;

22. Noting the relevance of the establishment of an internationally recognised, representative 
government of Iraq and the desirability of prompt completion of the restructuring of Iraq's debt as 
referred to in paragraph 15 above, further decides that, until December 31 2007, unless the Council 
decides otherwise, petroleum, petroleum products, and natural gas originating in Iraq shall be 
immune, until title passes to the initial purchaser from legal proceedings against them 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 that proceeds and obligations arising from sales thereof, as well as the 
Development Fund for Iraq, shall enjoy privileges and immunities equivalent to those enjoyed by the 
United Nations except that the above-mentioned privileges and immunities will not apply with 
respect to any legal proceeding in which recourse to such proceeds or obligations is necessary to 
satisfy liability for damages assessed in connection with an ecological accident, including an oil 
spill, that occurs after the date of adoption of this resolution;

23. Decides that all member states in which there are:

(1) funds or other financial assets or economic resources of the previous Government of Iraq or its 
state bodies, corporations, or agencies, located outside Iraq as of the date of this resolution, or

(2) funds or other financial assets or economic resources that have been removed from Iraq, or 
acquired, by Saddam Hussein or other senior officials of the former Iraqi regime and their 
immediate family members, including entities owned or controlled, directly or indirectly, by them 
or by persons acting on their behalf or at their direction,

shall freeze without delay those funds or other financial assets or economic resources and, unless 
these funds or other financial assets or economic resources are themselves the subject of a prior 
judicial, administrative, or arbitral lien or judgement, immediately shall cause their transfer to 
the Development Fund for Iraq, it being understood that, unless otherwise addressed, claims made by 
private individuals or non-government entities on those transferred funds or other financial assets 
may be presented to the internationally recognised, representative government of Iraq; and decides 
further that all such funds or other financial assets or economic resources shall enjoy the same 
privileges, immunities, and protections as provided under paragraph 22;

24. Requests the secretary general to report to the Council at regular intervals on the work of the 
special representative with respect to the implementation of this resolution and on the work of the 
International Advisory and Monitoring Board and encourages the United Kingdom of Great Britain and 
Northern Ireland and the United States of America to inform the Council at regular intervals of 
their efforts under this resolution;

25. Decides to review the implementation of this resolution within 12 months of adoption and to 
consider further steps that might be necessary;

26. Calls upon member states and international and regional organisations to contribute to the 
implementation of this resolution;

27. Decides to remain seized of this matter.

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