The following is an undated draft sent to CASI by the Foreign and Commonwealth Office's Middle East Department on 7 October, 1999. It has since been superseded by SCR 1284 (17 December 1999). For more information see CASI's Security Council Resolutions page.
BEGINS
A. Recalling all its previous relevant resolutions, including its resolutions 661 (1990) of 6 August 1990, 678 (1990) of 29 November 1990, 687 (1991) of 3 April 1991, 707 (1991) of 15 August 1991, 715 (1991) of 11 October 1991, 986 (1995) of 14 April 1995, 1051 (1996) of 27 March 1996 and 1153 (1998) of 20 February 1998,
B. Recalling the establishment of the Special Commission in pursuance of paragraph 9(b) of resolution 687 (1991), and expressing its appreciation to the Special Commission and the International Atomic Energy Agency (IAEA) for the work they have done over the years pursuant to section C of that resolution,
C. Recalling also the approval by the Council in its resolution 699 (1991) of 17 June 1991 of the plan submitted by the Secretary-General in pursuance of paragraph. 9(b) of resolution 687 (1991),
D. Recalling the approval by the Council in its resolution 715 (1991) of the plans for future ongoing monitoring and verification submitted by the Secretary-General and the Director General of the IAEA in pursuance of paragraphs 10 and 13 of resolution 687 (1991),
E. Acknowledging the progress made by Iraq towards compliance with the provisions of resolution 687 (1991), but noting that as a result of the policies and practices of the Government of Iraq, including its failure to implement all relevant Council resolutions, the conditions do not exist which would enable the Council to take a decision pursuant to resolution 687 (1991) to lift the prohibitions referred to in that resolution,
F. Determined to improve the humanitarian situation of the Iraqi people,
G. Recalling with concern that the repatriation and return of all Kuwaitis and third country nationals or their remains, present in Iraq on or after 2 August 1990, pursuant to paragraph 2(c) of resolution 686 (1991) of 2 March 1991 and paragraph 30 of resolution 687 (1991), have not yet been fully carried out by Iraq,
H. Recalling that in its resolutions 686 (1991) and 687 (1991) the Council demanded that Iraq return in the shortest possible time all Kuwaiti property it had seized, and noting with regret that Iraq has still not fully complied with this demand,
I. Reaffirming the commitment of all Member States to the sovereignty, territorial integrity and political independence of Kuwait and Iraq,
J. Acting under Chapter VII of the Charter of the United Nations,
1. Welcomes the reports of the three panels established to review disarmament and current and future ongoing monitoring and verification issues, humanitarian issues, and missing Kuwaiti and third country nationals and Kuwaiti property, submitted by the Chairman of the panels to the President of the Security Council, and expresses its appreciation to the Chairman and to the members of the panels,
2. Decides to establish as a subsidiary body of the Council the United Nations Commission on Inspection and Monitoring (UNCIM) to replace the Special Commission, further decides that UNCIM shall take over all assets, liabilities, staff and archives of the Special Commission, and requests the Commissioners for the Special Commission to continue their responsibilities until UNCIM begins its work and its Commissioners are appointed;
3. Also decides that UNCIM will undertake the responsibilities mandated to the Special Commission by the Council with regard to the verification of compliance by Iraq with its obligations under paragraphs 8, 9 and 10 of resolution 687 (1991) and other related resolutions, and that UNCIM will undertake, on the basis of the report of the panel on disarmament and current and future ongoing monitoring and verification which will implement fully the plan approved by the Council in resolution 715 (1991) and address unresolved disarmament issues by inspections and investigations of relevant past activities;
4. Decides further that UNCIM, with 90 days of the resumption of its work in Iraq, will prepare a list of the key remaining tasks to be undertaken by Iraq in compliance with its disarmament obligations under paragraphs 8, 9 and 10 of resolution 687 (1991) and subsequent relevant resolutions;
5. Reaffirms its resolutions 687 (1991), 699 (1991), 707 (1991), 715 (1991), 1051 (1996) and all other relevant resolutions and statements of its President, which constitute the governing standard of Iraqi compliance, affirms that the obligations of Iraq referred to in those resolutions and statements with regard to cooperation with the Special Commission, unrestricted access and provision of information will apply in respect of UNCIM, and decides in particular that Iraq shall allow UNCIM 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 UNCIM, as well as to all officials and other persons under the authority of the Iraqi Government whom UNCIM wishes to interview so that UNCIM may fully discharge its mandate;
6. Reaffirms the provisions of the relevant resolutions with regard to the role of the IAEA in addressing compliance by Iraq with its remaining obligations under paragraphs 12 and 13 of resolution 687 (1991) and other related resolutions, and requests the Director-General of the IAEA to maintain this role with the assistance and cooperation of UNCIM;
7. Requests the Secretary-General to appoint an Executive Chairman of UNCIM, who will take up his mandated tasks as soon as possible after 1 July 1999 and, in consultation with the Executive Chairman, to appoint suitably qualified Commissioners for UNCIM;
8. Decides that the Government of Iraq shall be liable for the full costs of UNCIM;
9. Requests Member States to give full cooperation to UNCIM in the discharge of its mandate;
10. Affirms that the Executive Chairman, the Commissioners and the personnel serving with UNCIM shall enjoy the rights, privileges and immunities provided for the Special Commission pursuant to the relevant resolutions;
11. Requests the Executive Chairman of UNCIM, within 45 days of his appointment, and in consultation with the Secretary-General, to submit to the Council for its approval an organisational plan for UNCIM incorporating, as appropriate, the recommendations of the panel on disarmament and ongoing monitoring and verification, and including plans for the effective management of the new organisation and the recruitment and training of professional and independent experts;
12. Requests UNCIM and the Director-General of the IAEA to establish a unit which will have the responsibilities of the joint unit constituted by the Special Commission and the Director-General of the IAEA under paragraph 16 of the export/import mechanism approved by resolution 1051 (1996), and further requests UNCIM, after consultation with the Director-General of the IAEA, to resume the revision and updating of the lists of items and technology to which the mechanism applies;
13. Requests the Executive Chairman of UNCIM to report to the Council, following consultation with the Commissioners, every six months on the work of UNCIM;
14. Reiterates the obligation of Iraq, in furtherance of its commitment to facilitate the repatriation of all Kuwaiti and third party nationals referred to in paragraph 30 of resolution 687 (1991), to extend all necessary cooperation to the International Committee of the Red Cross, and calls upon the Government of Iraq to resume cooperation with the Tripartite Commission and Technical Sub-Committee established to facilitate work on this issue;
15. Requests the Secretary-General to report to the Council every four months on compliance by Iraq with its obligations regarding the repatriation or return of all Kuwaitis and third country nationals or their remains, to report every six months on the return of all Kuwaiti property, including archives, seized by Iraq, and to appoint a high-level coordinator for these issues;
16. Authorises 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, for the purposes and on the conditions set out in paragraph 1(a) and (b) and subsequent provisions of resolution 986 (1995) and other related resolutions;
17. Decides to permit in addition to the outlets for export specified in paragraph 6 of resolution 986 (1995), the transport by road to Turkey of not more than 500,000 tons per 180 days of petroleum, and not more than 1,250,000 tons per 180 days of petroleum products, exported from Iraq, under the arrangements set out in resolution 986 (1995) and related resolutions, subject to the following modifications to those arrangements:
(a) the full amount of each purchase of Iraqi petroleum and petroleum products shall be paid directly by the purchasers in Turkey into the escrow account to be established by the Secretary-General for the purpose of this paragraph
(b) exports made in accordance with this paragraph shall be subject to arrangements for monitoring to be approved by the Committee established by resolution 661 (1990);
(c) the pricing mechanism for the purchase of Iraqi petroleum and petroleum products exported to Turkey by road shall be determined by the Governments of Turkey and Iraq, and notified to the Committee established by resolution 661 (1990) in accordance with the amended procedures developed pursuant to paragraph 22 below.
18. Requests the Secretary-General, in consultation with the Government of Turkey, to establish an escrow account the purpose of paragraph 17 above, to appoint independent inspection agents and certified public accountants to audit it, and to keep the Government of Iraq fully informed;
19. Decides that the funds in the escrow account shall be used in the following manner:
(a) to purchase in Turkey goods for the purposes set out in paragraph 8(a) and (b) of resolution 986 (1995) for the provision of humanitarian goods in the whole of Iraq;
(b) to meet the costs to the United Nations of the independent inspection agents and the certified public accountants referred to above;
20. Affirms that the escrow account established under paragraph 17 above enjoys the privileges and immunities of the United Nations;
21. Underlines its readiness to consider further action, including permitting the use of additional export outlets under appropriate conditions, to ensure that all exports of petroleum and petroleum products from Iraq are consistent with the provisions of Council resolutions;
22. Directs the Committee established by resolution 661 (1990), in close coordination with the Secretary-General, to amend the procedures for implementation of resolutions 986 (1995) and related resolutions as necessary to implement the arrangements authorised in paragraphs 17 and 18 above;
23. Directs the Committee established by resolution 661 (1990) to delegate to the Secretary-General responsibility with regard to receipt of notifications for and approval of supplies of medicine, health supplies, foodstuffs and educational material under the arrangements set out in resolution 986 (1995), except for items subject to the provisions of resolution 1051 (1996), and requests the Secretary-General to inform the Committee in a timely manner of all such notifications received and approvals made;
24. Decides that from the date of adoption of this resolution until 31 December 1999 one-third of the funds which would otherwise be transferred to the Compensation Fund from the escrow account established by resolution 986 (1995) shall be loaned, on a fully reimbursable basis, to that escrow account for the purposes set out in paragraph 8(a) and 8(b) of resolution 986 (1995);
25. Decides to suspend until 31 December 1999 the implementation of paragraph 8(g) of resolution 986 (1995);
26. Requests the Secretary-General to submit to the Council within 30 days an action plan to enable the United Nations to ensure, if necessary by taking a greater role itself, that the sums available under the arrangements set out in resolution 986 (1995) and related resolutions are expended so as to maximise the humanitarian benefit to the Iraqi population in all areas of the country by meeting on a priority basis the humanitarian needs in the food, nutrition and health sectors, and by the equitable and timely distribution of humanitarian goods, in particular medicines and health supplies, and to bring to the attention of the Council any circumstances preventing or impeding effective and equitable distribution;
27. Requests the Secretary-General to prepare a daily statement for the Government of Iraq and the Committee established by resolution 661 (1990) of the status of the escrow account established by resolution 986 (1995);
28. Requests the Secretary-General to submit to the Council for approval a plan for arrangements to allow the funds deposited in the escrow account established by resolution 986 (1995) to be used for the purchase of locally produced goods and to meet the local costs for essential civilian needs which have been funded in accordance with the provisions of resolution 986 (1995) and related resolutions, including, where appropriate, the costs of installation and training services;
29. Encourages Member States and international organisations to provide supplementary humanitarian assistance to the Iraqi population, and requests them to provide to the Secretary-General details of bilateral and multilateral humanitarian assistance, in accordance with procedures of the Committee established by resolution 661 (1990);
30. Requests the Secretary-General to establish a panel of specialists, including representatives of other international humanitarian organisations, to advise and assist him, in particular in the implementation of resolutions 986 (1995) and related resolutions, in order to formulate projects which will meet the immediate needs of the Iraqi people more effectively;
31. Calls upon the Government of Iraq:
a) to address effectively the needs of vulnerable groups, including allowing freer access by United Nations agencies and non-governmental organisations to vulnerable groups for evaluation of their nutritional and humanitarian needs;
b) to ensure that internally displaced persons receive humanitarian assistance without the need to demonstrate that they have resided for six months in their places of temporary residence;
c) to take all steps, within its powers, to ensure the timely and equitable distribution of all humanitarian goods, and to remove and avoid delays at its warehouses;
d) to prioritise applications for humanitarian goods under the arrangements set out in resolutions 986 (1995) and related resolutions; and
e) to extend full cooperation to the United Nations office for Project Services mine-clearance programme in the North of Iraq and to consider the initiation of de-mining efforts in other areas of the country;
32. Decides that Hajj pilgrimage flights which do not transport cargo into or out of Iraq are exempt from the provisions of paragraph 3 of resolutions 661 (1990) and 670 (1990), subject to timely notification of each flight being made to the Committee established by resolution 661 (1990), and reiterates its direction to the Committee established by resolution 661 (1990) to authorise, on the basis of specific requests, reasonable expenses related to the Hajj pilgrimage, to be met by funds in the escrow account established for the purposes of resolution 986 (1995);
33. Directs the Committee established by resolution 661 (1990) to take a decision on all applications in respect of humanitarian and essential civilian needs within a target of two working days of receipt of these applications from the Secretary-General, and to ensure that all approval and notification letters issued by the Committee stipulate delivery within a specified time according to the nature of the items to be supplied, and requests the Secretary-General to notify the Committee of all applications for humanitarian items which are included in the list to which the export/import mechanism applies;
34. Requests the Secretary-General to report to the Council on the implementation of paragraphs 16 to 33 of this resolution within 30 days of the adoption of this resolution;
35. Requests the Secretary-General to establish a group of experts, including oil industry experts, to report on Iraqís existing petroleum production and export capacity and to make recommendations on alternatives for increasing Iraqi petroleum production and export capacity in a manner consistent with the purposes of relevant resolutions, including on the options for involving foreign oil companies in Iraq's oil sector, subject to appropriate monitoring and controls;
36. Expresses its intention, when Iraq has confirmed its intention to comply with this resolution, to resume the reviews provided for in paragraphs 21 and 28 of resolution 687 (1991), and also expresses its intention to take measures, based on the report and recommendations requested in paragraph 35 above, and consistent with the purposes of its previous relevant resolutions, to increase Iraq's petroleum production and export capacity, upon receipt of a report from the Executive Chairman of UNCIM that Iraq has demonstrated full cooperation with UNCIM for a period of 120 days from the date on which the Executive Chairman confirms that the reinforced system of ongoing monitoring and verification is fully operational, and upon receipt of a report from the Director-General of the IAEA that Iraq has fully cooperated with the IAEA for the same period;
37. Further expresses its intention, upon receipt of reports from the Executive Chairman of UNCIM and the Director-General of the IAEA that Iraq has demonstrated full cooperation with UNCIM and the IAEA for an additional period of 120 days, and has completed the tasks referred to in paragraph 4 above, to suspend, for a period of 120 days, renewable by the Council, the remaining prohibitions against the import of commodities and products originating in Iraq, subject to termination of the suspension if the Executive Chairman of UNCIM or the Director-General of the IAEA reports that Iraq is not cooperating or is in the process of acquiring any of the weapons referred to in paragraphs 8 to 12 of resolution 687 (1991), and subject also to the maintenance of effective financial controls necessary to ensure that Iraq does not acquire prohibited weapons and to ensure compliance with the obligations referred to in paragraphs 16 and 17 of resolution 687 (1991) and in resolution 1051 (1996);
38. 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;
39. Decides to remain seized of the matter.
ENDS