CASI has obtained this draft text, marked Révision 2. All grammatical and spelling errors, emphases and word deletions are present in the original text.
Procedures governing responsibilities of the Secretariat.
1 - Applications for each export of goods and services to be financed from the United Nations Iraq account should be forwarded to the Secretariat either by the government of Iraq, with a copy to the permanent or observer missions of the exporting state, or by UN agencies and programs. The application must indicate that the exporter seeks payments from the Iraq account and provide the relevant information to facilitate the review mentionned in paragraph 3. The copy of the concluded contractual arrangements must be attached to the application.
2 - The Secretariat will also determine if the export of non financial services not related to goods exported under these procedures can be authenticated by the UN observers or independent agents in Iraq. Should the services cannot be authenticated, the Secretariat will forward the relevant contract to the Committee 661 for its consideration.
3 - Each application and the concluded contractual arrangements will be reviewed a team headed by one custom expert of OIP and one dual-use expert from UNMOVIC/IAEA, in order to determine whether the contract is eligible for payment from the Iraq account. For that purpose, the experts will verify that the contract does not include any item referred to in paragraph 24 of resolution 687 (1991) or included in GRL or that the service is not related to any item included in GRL or to to paragraph 24 of resolution 687 (1991).
4 - In order to verify that the conditions set forth in paragraph 3 are met, the two experts may request additional information from Iraq or the exporting states. The exporting states or Iraq must provide the additional information requested within a period of two months. If the two experts do not request any additional information within two business days, the procedure under paragraph 7 of these procedure applies. Should the experts conclude that the exporting state or Iraq has not provided the additional information within the two months period mentioned above, the experts will so inform the exporting state and the government of Iraq and the contract will not be further processed, except if new information is provided later on.
5 - Should the experts conclude that the conditions set forth in
paragraph 3 above are not met
or should it conclude that the exporting
states or Iraq has not provided the additional information within the period
set forth in paragraph 4, the experts will so inform the exporting state
and the Government of Iraq. In that event, the experts will immediately inform
the exporting state and Iraq that the contract should be submitted to the
Committee for its consideration.
6 - If the exporting state or Iraq disagrees with the decision of
the experts that the contract should be circulated to the Committee or that
insufficient information has been provided, it may ask, within two business
days, this decision to be
reconsidered. In that event, the Executive Director of OIP,
and the Executive Director of UNMOVIC will
two different custom and dual-use experts for reconsideration
request a team headed by the director of
the division of information of UNMOVIC and by the head of the contracts
processing section of OIP to review the contract in accordance with the
procedures set forth in paragraphs 3, 4 and 5. The decision of these
experts this team is endorsed by
the Executive Directors of OIP and of UNMOVIC and is final and
7 - If the experts verify that the condition set forth in paragraph 3 above is met and therefore the exporter is eligible for payment from the Iraq account, they will inform immediately the Government of Iraq and the exporting state in written form. The exporter will be considered as eligible for payment from the Iraq account on this date.
8 - The experts from both
OIP or UNMOVIC reviewing contracts should be drawn from the broadest possible
No expert from both the Secretariat or UNMOVIC shall
review a contract submitted by one exporting state between Iraq and a company
of which the expert is a national. Moreover no expert from both the Secretariat
or UNMOVIC shall review a contract that indicates that the goods or services
concerned are originating from a state of which the expert is a
9 - Any Committee member may call for an urgent meeting of the Committee to consider revising or revoking these procedures. The Committee will keep these procedures under review and, in light of experience, will amend them as appropriate. If necessary, the Committee may suspend these procedures and standard procedures will apply.