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Iraq Special Collection

Draft Proposals for New UN Iraq Monitoring Body

Revised French Proposal

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France 29 June 1999

1. Welcomes the recommendations contained in the reports of the three panels established pursuant to the note by the President of the Security Council of January 30, 1999 (S/1999/100) and submitted by the Chairman of the panels to the President of the Security Council (S/1999/356);

PART I

2. Notes that, according to the conclusion of the report of the panel on disarmament and on-going monitoring and verification, a reinforced ongoing monitoring and verification system, on the basis of the plan approved by resolution 715 (1991), which would include intrusive inspection and investigation of relevant elements of past Iraqi activities related to provisions of paragraphs 8 and 12 of resolution 687 (1991), is viable; [Panel I Para. 61*

3. Decides that, as a subsidiary organ of the Council, a Control Commission to replace the Special Commission, shall be established, further decides that the Control Commission shall take over all assets, liabilities and archives of the Special Commission and requests the Commissioners and experts of the Special Commission to continue to discharge their responsibilities under relevant Security Council resolutions until the Control Commission begins its work and its new Commissioners and experts are appointed; (UK draft OP2 modified)

4. Also decides that the Control Commission 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 paragraph 8, 9 and 10 of resolution 687 (1991), and other related resolutions, and that it will undertake, in accordance with the recommendations of the report of the panel on disarmament and ongoing monitoring and verification (OMV), a reinforced system of OMV which will implement fully the plans approved by the Council in resolution 715 (1991) and address unresolved disarmament issues; (UK draft OP 3 modified)

5. Requests the Secretary-General to submit within sixty days to the Council, for approval, a plan incorporating the recommendations of the panel on disarmament and on-going monitoring and verification on the reinforced OMV system, especially in regard with:

a/ the composition and the organization of a Control Commission, with increased responsibility given to the commissioners, a larger share of the personnel located in Iraq, recruitment and training of professional and independent experts that should reflect to the extent possible a broad international representation and that should, whenever operationally possible, be employed directly by the United Nations;

b/ reinforcing the means at disposal of this Control Commission, such as equipment, revised lists of items submitted to the mechanism approved by resolution 1051 and improvement of the mobility through the establishment in Iraq of regional centers and/or the use of fixed and rotary wing aircrafts; [Panel I Par 42 and 63]

6. Reaffirms resolutions 687 (1991), 699 (1991), 707 (1991) and 715 (1991), all relevant resolutions, the memorandum of understanding of February 23, 1998 (S/1991/1666), and the obligations of Iraq referred to in those resolutions and this memorandum with regard to intrusive, immediate, unconditional and unrestricted access in Iraq to any and all areas, facilities, equipments, records, means of transportation and individual, under the reinforced OMV system; [Panel I Par 34 and 62] (UK draft OP 5 modified)

7. Reaffirms the provisions of its relevant resolutions with regard to the role of IAEA and requests the Director general of the IAEA to maintain this role with the assistance and cooperation of the Control Commission; (UK draft OP 6 modified)

8. Calls upon Iraq to cooperate with the reinforced OMV system.

9. Requests the Secretary-General to submit to the Council, following consultations with commissioners, progress reports on the implementation of the work of the Control Commission referred to in paragraph 3 every three months after the adoption of the present resolution; (US draft OP 13 modified)

10. Decides that the Government of Iraq shall be liable for the full costs of the Control Commission; (UK draft OP 8)

11. Requests Member States to give full cooperation to the Control Commission in the discharge of its mandate; (UK draft OP 9 modified)

12. Affirms that the Commissioners and the experts of the Control Commission enjoy the rights, privileges and immunities of United nations personnel; (UK draft, OP 10 modified)

13. Requests the Control Commission and the Director General of IAEA to establish a unit which shall have the responsibilities of the joint unit constituted by the Special Commission and the Director of the IAEA under paragraph 16 of the export/import mechanism approved by resolution 1051 (1996), and further requests the Control Commission, 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; (UK draft, OP22)

PART II

14. 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, 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; [Panel II Para. 54(i)] (UK draft OP 16)

15. Directs the Committee established by resolution 661 (1990) to approve, on the basis of a proposal from the Secretary-General, a list of humanitarian items, including foodstuffs, pharmaceutical and medical supplies, as well as basic or standard medical and agricultural equipment and basic or standard educational items, and decides, notwithstanding paragraph 3 of resolution 661 (1990) and paragraph 20 of resolution 687 (1991), that supplies of these items will not be submitted for approval of that Committee, except for items subject to the provisions of resolution 1051 (19960,and will be notified to the Secretary-General and financed in accordance with the provisions of paragraph 8 (a) and 8 (b) of resolution 986 (1995); [Panel II Para. 55 (i)] (UK draft OP 23 modified)

16. Requests the Committee established by resolution 661 (1990) to appoint, in accordance with resolutions 1175 (1998) and 1210 (1998), a group of experts, including independent inspection agents appointed by the Secretary-General in accordance with paragraph 6 of resolution 986 (1995), and decides that this group will be mandated to approve speedily contracts for the parts and equipments necessary to enable Iraq to increase its exports of petroleum and petroleum products, according to lists of parts and equipments approved by that Committee for each individual project; [Panel II Para. 54 (i)]

17. Encourages Member States and international organizations to provide supplementary humanitarian assistance to Iraq and published material of an educational character to Iraq; [Panel II Para. 54 (v) and II 56 (v)] (UK draft OP 29 modified)

18. Decides to suspend the implementation of paragraph 8 (g) of resolution 986 (1995); [Panel II Para. 54 vii] (UK draft OP 25 modified)

19. Requests the Secretary-General to minimze the cost of the United Nations activities associated with the implementation of resolution 986 (1995) as well as the cost of the independent inspection agents and the certified public accountants appointed by him, in accordance with paragraphs 6 and 7 of resolution 986 (1995); [Panel II Para. 54 (ix)]

20. Requests the Secretary-General to provide Iraq with a daily statement of the status of the escrow account established by paragraph 7 of resolution 986 (1995); [Panel II Para. 54 (x)] (UK draft OP27 modified)

21. Requests the Secretary-General, after consultation with the Iraqi Government, to submit to the Council, for approval, arrangements to allow funds deposited in the escrow account established by resolution 986 (1995) to be used for the purchase of locally produced goods and to meet the local 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; [Panel II Para. 56 (ii and iii)] (UK draft OP 28 modified)

22. 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 export/import mechanism, approved by resolution 1051 (1996), applies; [Panel II Para. 55 (ii) and II 56 (iv) (UK draft OP 33)]

23. Requests the Secretary-General to submit to the Security Council, for approval, proposals aimed at reducing the isolation of the Iraqi population, including the development of civilian air traffic, in accordance with resolution 670 (1990); [Panel II Para. 56 (v)]

24. Exempts all religious activities, in particular Hajj and Omrah pilgrimages, and their modalities from any prohibition, notwithstanding, in particular, resolutions 661 (1990), 670 (1990) and 687 (1991) and directs the Committee established by the resolution 661 (1990) to revise its working procedures accordingly; [Panel II Para.56(vi)](UK draft OP 32 modified)

25. Expresses its readiness to authorize bilateral oil production sharing agreements between the Government of Iraq and foreign companies under strict monitoring by the United Nations and specific arrangements and requests the Secretary-General to establish a group of experts to submit to the Council such arrangements, in line with the provisions of paragraphs 27 and 28 below, for approval; [Panel II Para. 54 (ii] (drawn partially from UK draft OP35)

26. Expresses further its readiness to authorize investments by foreign companies into the Iraqi oil industry and other secondary Iraqi export industries under strict monitoring by the United Nations and specific arrangements and requests further the Secretary-General to establish a group of experts to submit to the Council for approval such arrangements, in line with the provisions of paragraphs 27 and 28 below; [Panel II Para. 54 (iii)]

27. Decides that payment for any exports from Iraq originated from the activities mentioned under paragraphs 25 and 26 shall be paid directly by the purchaser in the State concerned into the escrow account established by paragraph 7 of resolution 986 (1995) and decides further that, notwithstanding paragraph 8 of resolution 986 (1995), a part of the revenues to be decidedbythe group of experts referred to in paragraph 25 and drawn from the activities above mentioned, will be transferred to the foreign companies referred to in paragraph 25 and 26 through the above mentioned escrow account; [Panel II Para. 54 (ii) and (iii)]

28. Directs the Committee established by resolution 661 (1990), notwithstanding paragraphs 3 (c) and 4 of resolution 661 (1990), to authorize foreign companies undertaking activities referred to in paragraphs 25 and 26, to import into Iraq spare parts and equipment necessary for the conduct of their activities; [Panel II Para. 54 (ii) and (iii)]

29. 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), (UK draft OP 24)

30. Calls upon the Government of Iraq:

i) To take all steps within its power to ensure the timely distribution of all humanitarian goods, in particular medical supplies, and to remove and avoid delays at its warehouses,

ii) To address effectively the needs of vulnerable groups, especially those of street children, the disabled, the elderly and the mentally ill and to allow freer access by United Nations agencies and recognizably impartial and bona fide non-governmental organizations to restricted areas and sections of the population for evaluation of their nutritional and humanitarian condition,

iii) To refine its list of priorities in terms of applications for humanitarian goods under the arrangements set out in resolution 986 (1995) and related resolutions,

iv) To ensure that those involuntarily displaced receive humanitarian assistance without the need to demonstrate that they have resided for six months in their places of temporary residence,

v) To extend full cooperation to the United Nations Office for Project Services mine-clearance program in the three northern governorates of Iraq and to consider the initiation of the demining efforts in other governorates; [Panel II Para. 57] (UK draft OP 31 modified)

PART III

31. Notes that sections D and G of resolution 687 (1991) have not been fully implemented by Iraq and 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) and 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 the technical subcommittee established to facilitate work on this issue; [Panel III Para. 48 and 57] (UK draft OP 14 modified)

32. Requests the Secretary-General to report every three months to the Council on the status of the Kuwaiti and third countries missing persons, and every six months on the status of the Kuwaiti properties and archives; [Panel III Para. 51 and 54] (UK draft OP 15 modified) (Russian draft OP 4 modified)

33. Requests further the Secretary General to appoint a high level coordinator to follow closely the issues referred to in the paragraph above and invites the International Committee of the Red Cross, in accordance with paragraph 31 of resolution 687 (1991), to keep the Secretary-General, his Special Envoy and the Coordinator apprised as appropriate of all activities undertaken in connection with facilitating the repatriation or return of all Kuwaitis and third countries nationals or their remains present in Iraq on or after 2 August 1990; [Panel III Para.54] (UK draft OP 15 modified) (Russian draft OP 5 modified)

PART IV

34. Reaffirms its intention to act in accordance with paragraphs 21 and 22 of resolution 687 (1991) on the lifting of the prohibitions referred to in that resolution (UK draft op. 38 modified);

35. Expresses its intention to suspend, for an initial period of one hundred days, the prohibitions against the sale or supply to Iraq of commodities and products, other than those mentioned in paragraph 24 of resolution 687 (1991) and those subject to the mechanism approved by resolution 1051 (1996), as well as the prohibitions against the import of commodities or products originating in Iraq, including the use of air and maritime transports for delivery of such goods, and prohibitions against all financial transactions related thereto contained in resolution 661 (1991) upon receipt of a report of the Secretary-General indicating that the reinforced OMV System in Iraq has become effectively end efficiently operational for a period of sixty consecutive days; (Russian draft OP 6 modified and drawn from para.1 of UNSCR 943 on FRY)

36. Requests that, after the approval by the Council of the report referred to in paragraph 5 above, the Secretary-General submits every thirty days to the Security Council for its review a report as to whether the reinforced OMV System in Iraq is effectively and efficiently operational; (Russian draft OP 7 and drawn from para 3 of UNSCR 943 on FRY)

37. Expresses its intention to extend the suspension of the measures referred to in paragraph 35 above for further periods of one hundred days upon receipt of a report of the Secretary-General indicating that the reinforced OMV system in Iraq remains effectively and efficiently operational; (Russian draft OP 8 modified)

38. Decides that if at any time the Secretary-General reports that the reinforced OMV in Iraq is not effectively and efficiently operational, the suspension of the measures referred to in paragraph 35 above shall terminate on the fifth working say following the report of the Secretary-General, unless the Security Council decides to the contrary; (Russian draft OP 9 and drawn from para. 4 of UNSCR 943 on FRY)

39. Decides that, notwithstanding paragraph 35 above, Iraqi assets, with the exception of those acquired after the suspension of the prohibitions mentioned in paragraph 36, shall remain frozen, in accordance with resolution 661 (1990); (Russian draft OP 10)

40. Further expresses its intention to unfreeze the Iraqi assets mentioned in paragraph 29 upon receipt of a report of the Secretary-General ascertaining that the requirements to Iraq under sections D and G of resolution 687 (1991) have been satisfactorily fulfilled; (Russian draft OP 11)

41. Requests the Secretary-General to submit to the Council, for approval, proposals on the financial modalities that will be in accordance with paragraphs 44 to 53 of this resolution and will guarantee full and efficient implementation of the prohibitions referred to in paragraph 24 of resolution 687 (1991) and those related to goods subject to the import/export mechanism approved by resolution 1051 (1996),

42. Decides that the modalities referred to in paragraph 41 above and the pararagraphs 44 to 53 of this resolution will enter into force the day after the prohibitions referred to in paragraph 36 above are suspended, and will apply as long as the suspension continues; (Russian draft, part 2 of OP 12 modified)

43. Decides that provisions of resolution 986 (1995) and other relevant resolutions, in particular resolution 1242, as well as part II of this resolution, shall be suspended for the period during which the prohibitions referred to in paragraph 35 are suspended and requests the Committee established by resolution 661 (1990), in close coordination with the Secretary-General, to develop appropriate procedures necessary to implement this paragraph;

44. Decides to implement the following measures, in order to ensure transparency of any transaction with Iraq:

a/ Iraq and its contractors will notify to the Secretary-General contracts related to import of petroleum and petroleum products originating in Iraq, including financial and other essential transactions directly relating thereto, in particular the purchase price at fair market value, the export route and the expected date of shipment;

b/ Petroleum and petroleum products are shipped via the Kirkuk-Yumurtalik pipeline, the Mina Al Bakr oil terminal and other export outlets proposed by the Secretary-General for the approval of the Council;

c/ Independent inspection agents appointed by the Secretary-General will oversee the export of petroleum and petroleum products exported from Iraq and will verify that all information notified to the Secretary-General by the purchasers and Iraq accurate and sincere;

d/ The Committee established by resolution 661 91990) will be kept informed by the Secretary-General, on a monthly basis, on the implementation of the provisions of this paragraph.

45. Requests the Secretary-General to establish for the purpose of the implementation of Part IV of this resolution a transparent account that will not be submitted to banking secrecy, and to appoint independent and certified accountants to audit all transactions on this account;

46. Decides that the purchasers of petroleum and petroleum products originating in Iraq will pay directly the fully amount of each purchase into the transparent account referred to in paragraph 45 above and directs the accountants to verify the conformity of these payments with the purchase price referred to in paragraph 44 above;

47. Requests the Secretary-General to deduct from the funds deposited on the transparent account:

a/ A percentage to be transferred to the compensation fund referred to in paragraph 19 of resolution 687 (1991) which shall not exceed the percentage decided by the Council in paragraph 2 of resolution 705 (1991);

b/ the costs to the United Nations of the independent inspection agents, the certified accountants, the customs experts and the activities associated with the implementation of Part IV of this resolution;

c/ the costs of the Control Commission and the IAEA;

48. Decides that the funds deposited in the transparent account may be used, after the deductions referred to in paragraph 47 above, to finance exports in Iraq of any commodities, products or service other than those mentioned in paragraph 24 of resolution 687 (1991) and those subject to the import/export mechanism approved by resolution 1051 (1996), provided that:

a/ Each export contract, including detailed description of the commodities, products or service, purchase price, export routes and date of delivery, is, before any payment, notified by Iraq and its contractors to the Secretary-General and to the certified accountant referred to in paragraph 45 above

b/ The accountants shall be able to monitor the accuracy and the sincerity of the contracts and of all information provided to them;

49. Decides further that the funds deposited in the transparent account can be transferred to an account established into the Iraqi Central Bank and requests for that purpose the Secretary-General to submit to the Security Council, for approval, an appropriate financial mechanism for that purpose;

50. Requests the Secretary-General to appoint custom experts to monitor, at Iraqi borders, items submitted to the export/import mechanism approved by resolution 1051 (1996) and to prevent any entry into Iraq of items subject to paragraph 24 of resolution 687 (1991);

51. Calls upon Member States, in particular neighboring States of Iraq, to cooperate with the Security Council, the Secretary-General, the certified accountants, the independent inspection agents and the custom experts appointed by him for the implementation of Part IV of this resolution;

52. Requests the Secretary-General to submit to the Committee established by resolution 661 (1990) a report providing all necessary information about the financial and commercial transaction of Iraq related to import or export of commodities, products or services, and directs the Committee, on the basis of this report and any other relevant information, to monitor closely the implementation of the relevant provisions of Part IV of this resolution;

53. 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 Security Council when he has done so;

X X X

54. Expresses its full support to the Secretary-General in his efforts to ensure full implementation of the Memorandum of Understanding of February 23, 1998 (S/1998/1666) and to enable the resumption of a normal relationship between the United Nations and Iraq; (Russian draft OP 13)

55. 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 the peace and security in the region. (Russian draft OP 14)

* The notes in bold and brackets refer to the relevant paragraphs of the panels recommendations and/or to paragraphs drawn of the UK-NL or the China-France-Russia drafts.