U.N. RESOLUTION ON IRAQI COMPLIANCE - MARCH 3, 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 neighboring 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 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 responsibilities 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.

MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED NATIONS AND THE REPUBLIC OF IRAQ

February 23, 1998

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 performance of the tasks mandated at the eight Presidential Sites in Iraq as defined in the annex to the present Memorandum:
   1. 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.
   2. 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.
   3. 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.

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 Presidentia Site
7. Mosul Presidential Site
8. Basra 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.

(The resolutions mentioned in the first paragraph below are 687 of April 2 1991, a Gulf War cease-fire resolution that spells out Iraqi disarmament and resolution 715 of October 11 1991 that sets up the U.N. Special Commission (UNSCOM) to dismantle Iraq's weapons of mass destruction.)

IRAQ, TRAVEL BAN

November 12, 1997

(Security Council imposes travel ban on Iraqi officials)

United Nations—The U.N. Security Council voted unanimously November 12 to impose travel restrictions on Iraqi officials and military officers.

The Council’s 15-0 vote came in response to two weeks of refusals by Iraq to comply with the Council’s Gulf War cease-fire resolutions governing the work of the Special Commission overseeing the destruction of Iraqi weapons of mass dest ruction (UNSCOM).

Iraq will not allow UNSCOM teams with Americans to operate in the country and has threatened to shoot at UNSCOM’s U-2 surveillance planes.

The resolution condemns Iraq’s attempts to impose conditions on UNSCOM operations and demands that it cooperate fully and immediately with the Special Commission.

Until Iraq resumes cooperation with the U.N., all nations must "prevent the entry into or transit through their territories of all Iraqi officials and members of the Iraqi armed forces" who participated in blocking the UNSCOM operations, the resolution said.

Following is the text of the UNSC resolution:

(begin text)

Chile, Costa Rica, Japan, Poland, Portugal, Republic of Korea, Sweden, United Kingdom of Great Britain and Northern Ireland and United States of America:

Resolution #1137

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 imp ose 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 Af fairs 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 Gove rnment 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 entry to sites designated for inspection by the Special Commissi on 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) th at 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 categori es 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 peac e 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 fulfillment of its mandate, including its unacceptable decision of 29 October 1997 to seek to impose conditions on cooperation with the Special Commission, 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 Commiss ion, 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 par ticipated 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 provi ded 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); < /P>
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 th e 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 i ndividuals 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 u nrestricted 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 I raqi 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 abov e;
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.

ON IRAQ

October 23, 1997

(return to U.S. Policy in the Gulf)

(Security Council moves toward travel ban on Iraqi officials)

United Nations—The Security Council October 23 adopted a resolution stating its intention to impose travel restrictions on Iraqi officials if Baghdad continues to obstruct weapons inspections.

The resolution, numbered 1134, was adopted by a vote of 10 to 0 with 5 abstentions (China, France, Russia, Egypt, and Kenya).

It condemned Iraq’s refusal to allow U.N. weapons inspectors access to sites, endangering the safety of U.N. personnel, and removal and destruction of documents of interest to U.N. weapons experts.

The council asked the U.N. Special Commission overseeing the destruction of Iraqi weapons (UNSCOM) to draw up lists of Iraqi officials and military who interfere with weapons inspections. Those officials will be placed under a travel ba n in April if the problems continue.

Following is the text of the council’s resolution:

(Begin text)

Chile, Costa Rica, Japan, Poland, Portugal, Republic of Korea, Sweden, United Kingdom of Great Britain and Northern Ireland and United States of America: resolution #1134

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 "Commissio n 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 Speci al 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 such airfields In Iraq as they ma y determine are most appropriate for the work of the Commission,

UNSCOM is right to insist that Iraq account for these and other components, and to clarify the status of Iraq’s indigenous scud manufacturing capability. Until Iraq provides this information, there is no way to determine with any degree of confidence whether Iraq still has the capacity to construct and deploy prohibited missiles.

Iraq also wants the Council to believe that it has "cooperated" with UNSCOM with regard to chemical weapons, however, as late as September, Iraq was still lying directly to UNSCOM about its production of vx. Only when presente d with absolutely incontrovertible evidence did Iraq "cooperate" by admitting that it had lied in the past. Again, this is too little, too late.

Biological weapons? The words of Chairman Butler speak for themselves:

"this is an area that is unredeemed by progress or any approximation of the known facts of Iraq’s program."

Some of my colleagues have tried to draw attention to IAEA Chairman Blix’s report on Iraq’s nuclear program as an example of Iraqi cooperation. However, even in this area, it is clear that Iraq has not answered all the relevant question s necessary to have a full accounting of its programs—the books cannot be "closed." Furthermore, we now know (thanks to the efforts of Chairman Blix and his staff) that Iraq lied and concealed an active weaponization program for years in direct defiance of its NPT and IAEA commitments. Iraq has lied about its programs for too long, and too recently, for us to settle for anything less than absolute certainty that Iraq’s nuclear ambitions have been completely neutralized.

When accounting for nuclear weapons, close is not good enough. If you fail to account for just one nuclear device, that could mean the destruction of an entire city.

Baghdad has a clear and simple choice, it can comply with its obligations—thus opening the way to lifting sanctions—or it can continue along the path of non-compliance. It cannot do both.

At this point, I would like to commend UNSCOM Executive Chairman Butler for the fine work he and his staff have done in the short time he has been in his position. Clearly, Chairman Butler has the courage, stamina, and dedication necess ary to perform his extremely difficult job. The international community owes Mr. Butler and his staff their gratitude.

UNSCOM and the Council have the right and obligation to hold Iraq strictly accountable for every aspect of all its WMD programs. Iraq cannot pick and choose which questions it wishes to answer.

We on the Council must do everything we can to give Ambassador Butler the tools and the support he needs to do his job, as efficiently and thoroughly as possible. This resolution, we believe, helps to accomplish this objective.

Recalling that resolution 1315 (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 addition al 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 o f 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 a dvise 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; < /P>
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 Iraq~ officials and members of t he Iraqi armed forces who are responsible for or 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 Committ ee 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 carry~ing out bona fide d~iplomatic 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 w~ith the Special Commission, individuals whose entry or transit would be prevented up on 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 Commiss~ion, due on 11 April 1998, after which those reviews will resume in accordance wi ~th resolution 687 (1991), beginning on 26 April 1998;
9. Reaffirms its full support for the authority of the Spec~ial 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.

UNSC RESOLUTION 1115 INSISTS ON ACCESS TO IRAQI SITES

June 23, 1997

(return to U.S. Policy in the Gulf)

United Nations—The Security Council June 21 demanded that Iraq allow U.N. weapons inspectors immediate and unconditional access to all sites and records the inspectors wish to see.

Unanimously adopting a resolution that warned it would impose additional sanctions if Iraqi authorities continue to block U.N. weapons inspections, the council also decided not to review Iraqi compliance with U.N. cease-fire demands unt il October, thus eliminating any possibility that economic sanctions would be lifted anytime soon.

The council acted after the U.N. Special Commission overseeing the destruction of Iraqi weapons (UNSCOM) complained to the council that Iraq obstructed inspections, refusing to allow access to sites and several times taking actions that endangered U.N. helicopter crews.

Following is the text of the council’s resolution:

(Begin text)

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 (5/1997/474), 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 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 ar eas, 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 Commissio n 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 accorda nce 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 c ategories 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.

SECURITY COUNCIL RESOLUTION 986 (1995)

14 April 1995

Adopted by the Security Council at its 3519^th meeting,

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 othe r 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:
   1. Approval by the Committee established by resolution 661 (1990), in order to ensure the transparency of each transaction and its conformity with the other provisions of this resolution, after submission of an application by the State concerned, endorse d 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 establ ished by the Secretary-General for the purposes of this resolution, and of any other directly related financial or other essential transaction;
   2. 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 ded uction of the percentage referred to in paragraph 8 © below for the Compensation Fund, to meet the pipeline tariff charges, verified as reasonable by the independent inspection agents referred to in paragraph 6 below, for the transport of Iraqi petro leum 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 re quested 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 t o 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 th ose 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 assistanc e 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 prevailing market conditions, and that, for the purposes of the arrangements set out in this resolution, the larger share of the petroleum and petroleum product s 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:
   1. 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 o f resolution 687 (1991) provided that:
      1. Each export of goods is at the request of the Government of Iraq;
      2. 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;
      3. The Secretary-General receives authenticated confirmation that the exported goods concerned have arrived in Iraq;
   2. 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 humanitar ian 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 territ ory 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 pro portio nately smaller amount for this purpose;
   3. 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;
   4. 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;
   5. 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);
   6. 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;
   7. 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 © of resolution 661 (1990):
   1. 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;
   2. 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), excep tionally 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
    1. 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 i n paragraph 1 above;
12. Requests the Committee established by resolution 661 (1990), in close coordination with the Secretary-General, to develop expedited procedures as necessary to implement the arrangements in paragraphs 1, 2, 6, 8, 9 and 10 of this resolution and to repo rt 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 s o;
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 th at 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.

UNSC RESOLUTION 707

August 15, 1991

Adopted by the Security Council at its 3004^th meeting, on 15 August 1991

The Security Council,

Recalling its resolution 687 (1991), and its other resolutions on this matter,

Recalling the letter of 11 April 1991 from the President of the Security Council to the Permanent Representative of Iraq to the United Nations (S/22485) noting that on the basis of Iraq’s written agreement (S/22456) to implement full y resolution 687 (1991) the preconditions established in paragraph 33 of that resolution for a cease-fire had been met,

Noting with grave concern the letters dated 26 June 1991 (S/22739), 28 June 1991 (S/22743) and 4 July 1991 (S/22761) from the Secretary-General, conveying information obtained from the Executive Chairman of the Special Commission and the Director-General of the IAEA which establishes Iraq’s failure to comply with its obligations under resolution 687 (1991),

Recalling further the statement issued by the President of the Security Council on 28 June 1991 (S/22746) requesting that a high-level mission consisting of the Chairman of the Special Commission, the Director-General of the IAEA, an d the Under-Secretary-General for Disarmament Affairs be dispatched to meet with officials at the highest levels of the Government of Iraq at the earliest opportunity to obtain written assurance that Iraq will fully and immediately cooperate in the in spection of the locations identified by the Special Commission and present for immediate inspection any of those items that may have been transported from those locations,

Dismayed by the report of the high-level mission to the Secretary-General (S/22761) on the results of its meetings with the highest levels of the Iraqi Government,

Gravely concerned by the information provided to the Council by the Special Commission and the IAEA on 15 July 1991 (S/22788) and 25 July 1991 (S/22837) regarding the actions of the Government of Iraq in flagrant violation of resolut ion 687 (1991),

Gravely concerned also by the evidence in the letter of 7 July 1991 from the Minister of Foreign Affairs of Iraq to the Secretary-General and in subsequent statements and findings that Iraq’s notifications of 18 and 28 April were inc omplete and that it had concealed activities, which both constituted material breaches of its obligations under resolution 687 (1991),

Noting also from the letters dated 26 June 1991 (S/22739), 28 June 1991 (S/22743) and 4 July 1991 (S/22761) from the Secretary-General that Iraq has not fully complied with all of its undertakings relating to the privileges, immuniti es and facilities to be accorded to the Special Commission and the IAEA inspection teams mandated under resolution 687 (1991),

Affirming that in order for the Special Commission to carry out its mandate under paragraph 9 (b) (i), (ii) and (iii) of resolution 687 (1991) to inspect Iraq’s chemical and biological weapons and ballistic missile capabilities and t o take possession of them for destruction, removal or rendering harmless, full disclosure on the part of Iraq as required in paragraph 9 (a) of resolution 687 (1991) is essential,

Affirming that in order for the IAEA with the assistance and cooperation of the Special Commission, to determine what nuclear-weapons-usable material or any subsystems or components or any research, development, support or manufactur ing facilities related to them need, in accordance with paragraph 13 of resolution 687 (1991), to be destroyed, removed or rendered harmless, Iraq is required to make a declaration of all its nuclear programmes including any which it claims are for pur poses not related to nuclear-weapons-usable material,

Affirming that the aforementioned failures of Iraq to act in strict conformity with its obligations under resolution 687 (1991) constitutes a material breach of its acceptance of the relevant provisions or resolution 687 (1991) which established a cease-fire and provided the conditions essential to the restoration of peace and security in the region,

Affirming further that Iraq’s failure to comply with its safeguards agreement with the International Atomic Energy Agency, concluded pursuant to the Treaty on the Non-Proliferation of Nuclear Weapons of 1 July 1968, as established by the resolution of the Board of Governors of the IAEA of 18 July 1991 (GOV/2531), constitutes a breach of its international obligations,

Determined to ensure full compliance with resolution 687 (1991) and in particular its section C,

Acting under Chapter VII of the Charter,

1. Condemns Iraq’s serious violation of a number of its obligations under section C of resolution 687 (1991) and of its undertakings to cooperate with the Special Commission and the IAEA, which constitutes a material breach of the relevant provisions of resolution 687 which established a cease-fire and provided the conditions essential to the restoration of peace and security in the region,
2. Further condemns non-compliance by the Government of Iraq with its obligations under its safeguards agreement with the International Atomic Energy Agency, as established by the resolution of the Board of Governors of 18 July, which constitutes a viola tion of its commitments as a party to the Treaty on the Non-Proliferation of Nuclear Weapons of 1 July 1968,
3. Demands that Iraq
   1. provide full, final and complete disclosure, as required by resolution 687 (1991), of all aspects of its programmes to develop weapons of mass destruction and ballistic missiles with a range greater than 150 kilometres, and of all holdings of such wea pons, their components and production facilities and locations, as well as all other nuclear programmes, including any which it claims are for purposes not related to nuclear-weapons-usable material, without further delay,
   2. allow the Special Commission, the IAEA 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,
   3. cease immediately any attempt to conceal, or any movement or destruction of any material or equipment relating to its nuclear, chemical or biological weapons or ballistic missile programmes, or material or equipment relating to its other nuclear activ ities without notification to and prior consent of the Special Commission,
   4. ;make available immediately to the Special Commission, the IAEA and their Inspection Teams any items to which they were previously denied access,
   5. allow the Special Commission, the IAEA and their 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 inte rference of any kind and upon such terms and conditions as may be determined by the Special Commission, and to make full use of their own aircraft and such airfields in Iraq as they may determine are most appropriate for the work of the Commission,
   6. halt all nuclear activities of any kind, except for use of isotopes for medical, agricultural or industrial purposes until the Security Council determines that Iraq is in full compliance with this resolution and paragraphs 12 and 13 of resolution 687 (1991), and the IAEA determines that Iraq is in full compliance with its safeguards agreement with that Agency,
   7. ensure the complete implementation of the privileges, immunities and facilities of the representatives of the Special Commission and the IAEA in accordance with its previous undertakings and their complete safety and freedom of movement,
   8. immediately provide or facilitate the provision of any transportation, medical or logistical support requested by the Special Commission, the IAEA and their Inspection Teams,
   9. respond fully, completely and promptly to any questions or requests from the Special Commission, the IAEA and their Inspection Teams,
4. Determines that Iraq retains no ownership interest in items to be destroyed, removed or rendered harmless pursuant to paragraph 12 of resolution 687 (1991),
5. Requires that the Government of Iraq forthwith comply fully and without delay with all its international obligations, including those set out in the present resolution, in resolution 687 (1991), in the Treaty on the Non-Proliferation of Nuclear Weapon s of 1 July 1968 and its safeguards agreement with the IAEA.
6. Decides to remain seized of this matter.

RESOLUTION 699

June 17, 1991

Adopted by the Security Council at its 2994^th meeting on 17 June 1991 The Security Council,

Recalling its resolution 687 (1991),

Taking note of the report of the Secretary-General of 17 May 1991 (S/22614), submitted to it in pursuance of paragraph 9 (b) of resolution 687 (1991),

Also taking note of the Secretary-General’s note of 17 May 1991 (S/22615), transmitting to the Council the letter addressed to him under paragraph 13 of the resolution by the Director-General of the International Atomic Energy Agency (IAEA),

Acting under Chapter VII of the Charter,

1. Approves the plan contained in the report of the Secretary-General;
2. Confirms that the Special Commission and the IAEA have the authority to conduct activities under section C of resolution 687 (1991), for the purpose of the destruction, removal or rendering harmless of the items specified in paragraphs 8 and 12 of tha t resolution, after the 45-day period following the approval of this plan until such activities have been completed;
3. Requests the Secretary-General to submit to the Security Council progress reports on the implementation of the plan referred to in paragraph 1 every six months after the adoption of this resolution;
4. Decides to encourage the maximum assistance, in cash and in kind, from all Member States to ensure that activities under section C of resolution 687 (1991) are undertaken effectively and expeditiously; further decides, however, that the Government of Iraq shall be liable for the full costs of carrying out the tasks authorized by section C; and requests the Secretary-General to submit to the Council within 30 days for approval recommendations as to the most effective means by which Iraq’s obligations i n this respect may be fulfilled.

   ---

SECURITY COUNCIL RESOLUTION 687 (1991)

April 3, 1991

Adopted by the Security Council at its 2981^st meeting,

on 3 April 1991

The Security Council,

Recalling its resolutions 660 (1990) of 2 August 1990, 661 (1990) of 6 August 1990, 662 (1990) of 9 August 1990, 664 (1990) of 18 August 1990, 665 (1990) of 25 August 1990, 666 (1990) of 13 September 1990, 667 (1990) of 16 September 1990, 669 (1990) of 24 September 1990, 670 (1990) of 25 September 1990, 674 (1990) of 29 October 1990, 677 (1990) of 28 November 1990, 678 (1990) of 29 November 1990 and 686 (1991) of 2 March 1991,

Welcoming the restoration to Kuwait of its sovereignty, independence and territorial integrity and the return of its legitimate Government,

Affirming the commitment of all Member States to the sovereignty, territorial integrity and political independence of Kuwait and Iraq, and noting the intention expressed by the Member States cooperating with Kuwait under paragraph 2 of resolution 678 (1990) to bring their military presence in Iraq to an end as soon as possible consistent with paragraph 8 of resolution 686 (1991),

Reaffirming the need to be assured of Iraq’s peaceful intentions in the light of its unlawful invasion and occupation of Kuwait,

Taking note of the letter sent by the Minister for Foreign Affairs of Iraq on 27 February 1991 and those sent pursuant to resolution 686 (1991),

Noting that Iraq and Kuwait, as independent sovereign States, signed at Baghdad on 4 October 1963 "Agreed Minutes Between the State of Kuwait and the Republic of Iraq Regarding the Restoration of Friendly Relations, Recognition and Related Matters", thereby recognizing formally the boundary between Iraq and Kuwait and the allocation of islands, which were registered with the United Nations in accordance with Article 102 of the Charter of the United Nations and in which I raq recognized the independence and complete sovereignty of the State of Kuwait within its borders as specified and accepted in the letter of the Prime Minister of Iraq dated 21 July 1932, and as accepted by the Ruler of Kuwait in his letter dated 10 August 1932,

Conscious of the need for demarcation of the said boundary,

Conscious also of the statements by Iraq threatening to use weapons in violation of its obligations under the Geneva Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Met hods of Warfare, signed at Geneva on 17 June 1925, and of its prior use of chemical weapons and affirming that grave consequences would follow any further use by Iraq of such weapons,

Recalling that Iraq has subscribed to the Declaration adopted by all States participating in the Conference of States Parties to the 1925 Geneva Protocol and Other Interested States, held in Paris from 7 to 11 January 1989, establish ing the objective of universal elimination of chemical and biological weapons,

Recalling also that Iraq has signed the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, of 10 April 1972,

Noting the importance of Iraq ratifying this Convention,

Noting moreover the importance of all States adhering to this Convention and encouraging its forthcoming Review Conference to reinforce the authority, efficiency and universal scope of the convention,

Stressing the importance of an early conclusion by the Conference on Disarmament of its work on a Convention on the Universal Prohibition of Chemical Weapons and of universal adherence thereto,

Aware of the use by Iraq of ballistic missiles in unprovoked attacks and therefore of the need to take specific measures in regard to such missiles located in Iraq,

Concerned by the reports in the hands of Member States that Iraq has attempted to acquire materials for a nuclear-weapons programme contrary to its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons of 1 July 19 68,

Recalling the objective of the establishment of a nuclear-weapons-free zone in the region of the Middle East,

Conscious of the threat that all weapons of mass destruction pose to peace and security in the area and of the need to work towards the establishment in the Middle East of a zone free of such weapons,

Conscious also of the objective of achieving balanced and comprehensive control of armaments in the region,

Conscious further of the importance of achieving the objectives noted above using all available means, including a dialogue among the States of the region,

Noting that resolution 686 (1991) marked the lifting of the measures imposed by resolution 661 (1990) in so far as they applied to Kuwait,

Noting that despite the progress being made in fulfilling the obligations of resolution 686 (1991), many Kuwaiti and third country nationals are still not accounted for and property remains unreturned,

Recalling the International Convention against the Taking of Hostages, opened for signature at New York on 18 December 1979, which categorizes all acts of taking hostages as manifestations of international terrorism,

Deploring threats made by Iraq during the recent conflict to make use of terrorism against targets outside Iraq and the taking of hostages by Iraq,

Taking note with grave concern of the reports of the Secretary-General of 20 March 1991 and 28 March 1991, and conscious of the necessity to meet urgently the humanitarian needs in Kuwait and Iraq,

Bearing in mind its objective of restoring international peace and security in the area as set out in recent resolutions of the Security Council,

Conscious of the need to take the following measures acting under Chapter VII of the Charter,

1. Affirms all thirteen resolutions noted above, except as expressly changed below to achieve the goals of this resolution, including a formal cease-fire;

   A

2. Demands that Iraq and Kuwait respect the inviolability of the international boundary and the allocation of islands 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 in the exercise of their sovereignty at Baghdad on 4 October 1963 and registered with the United Nations and published by the United Nations in document 7063, United Nations, Treaty Series, 1964;
3. Calls upon the Secretary-General to lend his assistance to make arrangements with Iraq and Kuwait to demarcate the boundary between Iraq and Kuwait, drawing on appropriate material, including the map transmitted by Security Council document S/22412 an d to report back to the Security Council within one month;
4. Decides to guarantee the inviolability of the above-mentioned international boundary and to take as appropriate all necessary measures to that end in accordance with the Charter of the United Nations;

   B

5. Requests the Secretary-General, after consulting with Iraq and Kuwait, to submit within three days to the Security Council for its approval a plan for the immediate deployment of a United Nations observer unit to monitor the Khor Abdullah and a demili tarized zone, which is hereby established, extending ten kilometres into Iraq and five kilometres into Kuwait from the boundary referred to in the "Agreed Minutes Between the State of Kuwait and the Republic of Iraq Regarding the Restoration of Frien dly Relations, Recognition and Related Matters" of 4 October 1963; to deter violations of the boundary through its presence in and surveillance of the demilitarized zone; to observe any hostile or potentially hostile action mounted from the territory of one State to the other; and for the Secretary-General to report regularly to the Security Council on the operations of the unit, and immediately if there are serious violations of the zone or potential threats to peace;
6. Notes that as soon as the Secretary-General notifies the Security Council of the completion of the deployment of the United Nations observer unit, the conditions will be established for the Member States cooperating with Kuwait in accordance with reso lution 678 (1990) to bring their military presence in Iraq to an end consistent with resolution 686 (1991);

   C

7. Invites Iraq to reaffirm unconditionally its obligations under the Geneva Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925, and to ratify the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, of 10 April 1972;
8. Decides that Iraq shall unconditionally accept the destruction, removal, or rendering harmless, under international supervision, of:
   1. All chemical and biological weapons and all stocks of agents and all related subsystems and components and all research, development, support and manufacturing facilities;
   2. All ballistic missiles with a range greater than 150 kilometres and related major parts, and repair and production facilities;
9. Decides, for the implementation of paragraph 8 above, the following:
   1. Iraq shall submit to the Secretary-General, within fifteen days of the adoption of the present resolution, a declaration of the locations, amounts and types of all items specified in paragraph 8 and agree to urgent, on-site inspection as specified bel ow;
   2. The Secretary-General, in consultation with the appropriate Governments and, where appropriate, with the Director-General of the World Health Organization, within forty-five days of the passage of the present resolution, shall develop, and submit to t he Council for approval, a plan calling for the completion of the following acts within forty-five days of such approval:
      1. The forming of a Special Commission, which shall carry out 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 its elf;
      2. The yielding by Iraq of possession to the Special Commission for destruction, removal or rendering harmless, taking into account the requirements of public safety, of all items specified under paragraph 8
   3. above, including items at the additional locations designated by the Special Commission under paragraph 9 (b) (i) above and the destruction by Iraq, under the supervision of the Special Commission, of all its missile capabilities, including launchers, as specified under paragraph 8 (b) above;
      1. The provision by the Special Commission of the assistance and cooperation to the Director-General of the International Atomic Energy Agency required in paragraphs 12 and 13 below;
10. Decides that Iraq shall unconditionally undertake not to use, develop, construct or acquire any of the items specified in paragraphs 8 and 9 above and requests the Secretary-General, in consultation with the Special Commission, to develop a plan for t he future ongoing monitoring and verification of Iraq’s compliance with this paragraph, to be submitted to the Security Council for approval within one hundred and twenty days of the passage of this resolution;
11. Invites Iraq to reaffirm unconditionally its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons of 1 July 1968;
12. Decides that Iraq shall unconditionally agree not to acquire or develop nuclear weapons or nuclear-weapons-usable material or any subsystems or components or any research, development, support or manufacturing facilities related to the above; to submi t to the Secretary-General and the Director-General of the International Atomic Energy Agency within fifteen days of the adoption of the present resolution a declaration of the locations, amounts, and types of all items specified above; to place all of it s nuclear-weapons-usable materials under the exclusive control, for custody and removal, of the International Atomic Energy Agency, with the assistance and cooperation of the Special Commission as provided for in the plan of the Secretary-General discusse d in paragraph 9 (b) above; to accept, in accordance with the arrangements provided for in paragraph 13 below, urgent on-site inspection and the destruction, removal or rendering harmless as appropriate of all items specified above; and to accept the plan discussed in paragraph 13 below for the future ongoing monitoring and verification of its compliance with these undertakings;
13. Requests the Director-General of the International Atomic Energy Agency, through the Secretary-General, with the assistance and cooperation of the Special Commission as provided for in the plan of the Secretary-General in paragraph 9 (b) above, to car ry out immediate on-site inspection of Iraq’s nuclear capabilities based on Iraq’s declarations and the designation of any additional locations by the Special Commission; to develop a plan for submission to the Security Council within forty-five days call ing for the destruction, removal, or rendering harmless as appropriate of all items listed in paragraph 12 above; to carry out the plan within forty-five days following approval by the Security Council; and to develop a plan, taking into account the right s and obligations of Iraq under the Treaty on the Non-Proliferation of Nuclear Weapons of 1 July 1968, for the future ongoing monitoring and verification of Iraq’s compliance with paragraph 12 above, including an inventory of all nuclear material in Iraq subject to the Agency’s verification and inspections to confirm that Agency safeguards cover all relevant nuclear activities in Iraq, to be submitted to the Security Council for approval within one hundred and twenty days of the passage of the present res olution;
14. Takes note that the actions to be taken by Iraq in paragraphs 8, 9, 10, 11, 12 and 13 of the present resolution represent steps towards the goal of establishing in the Middle East a zone free from weapons of mass destruction and all missiles for their delivery and the objective of a global ban on chemical weapons;

    D

15. Requests the Secretary-General to report to the Security Council on the steps taken to facilitate the return of all Kuwaiti property seized by Iraq, including a list of any property that Kuwait claims has not been returned or which has not been return ed intact;

    E

16. Reaffirms that Iraq, without prejudice to the debts and obligations of Iraq arising prior to 2 August 1990, which will be addressed through the normal mechanisms, is liable under international law for any direct loss, damage, including environmental d amage and the depletion of natural resources, or injury to foreign Governments, nationals and corporations, as a result of Iraq’s unlawful invasion and occupation of Kuwait;
17. Decides that all Iraqi statements made since 2 August 1990 repudiating its foreign debt are null and void, and demands that Iraq adhere scrupulously to all of its obligations concerning servicing and repayment of its foreign debt;
18. Decides also to create a fund to pay compensation for claims that fall within paragraph 16 above and to establish a Commission that will administer the fund;
19. Directs the Secretary-General to develop and present to the Security Council for decision, no later than thirty days following the adoption of the present resolution, recommendations for the fund to meet the requirement for the payment of claims estab lished in accordance with paragraph 18 above and for a programme to implement the decisions in paragraphs 16, 17 and 18 above, including: administration of the fund; mechanisms for determining the appropriate level of Iraq’s contribution to the fund based on a percentage of the value of the exports of petroleum and petroleum products from Iraq not to exceed a figure to be suggested to the Council by the Secretary-General, taking into account the requirements of the people of Iraq, Iraq’s payment capacity as ass essed in conjunction with the international financial institutions taking into consideration external debt service, and the needs of the Iraqi economy; arrangements for ensuring that payments are made to the fund; the process by which funds will be allocated and claims paid; appropriate procedures for evaluating losses, listing claims and verifying their validity and resolving disputed claims in respect of Iraq’s liability as specified in paragraph 16 above; and the composition of the Commission de signated above;

    F

20. Decides, effective immediately, that the prohibitions against the sale or supply to Iraq of commodities or products, other than medicine and health supplies, and prohibitions against financial transactions related thereto contained in resolution 661 ( 1990) shall not apply to foodstuffs notified to the Security Council Committee established by resolution 661 (1990) concerning the situation between Iraq and Kuwait or, with the approval of that Committee, under the simplified and accelerated "no-obj ection" procedure, to materials and supplies for essential civilian needs as identified in the report of the Secretary-General dated 20 March 1991, and in any further findings of humanitarian need by the Committee;
21. Decides that the Security Council shall review the provisions of paragraph 20 above every sixty days in the light of the policies and practices of the Government of Iraq, including the implementation of all relevant resolutions of the Security Council , for the purpose of determining whether to reduce or lift the prohibitions referred to therein;
22. Decides that upon the approval by the Security Council of the programme called for in paragraph 19 above and upon Council agreement that Iraq has completed all actions contemplated in paragraphs 8, 9, 10, 11, 12 and 13 above, the prohibitions against the import of commodities and products originating in Iraq and the prohibitions against financial transactions related thereto contained in resolution 661 (1990) shall have no further force or effect;
23. Decides that, pending action by the Security Council under paragraph 22 above, the Security Council Committee established by resolution 661 (1990) shall be empowered to approve, when required to assure adequate financial resources on the part of Iraq to carry out the activities under paragraph 20 above, exceptions to the prohibition against the import of commodities and products originating in Iraq;
24. Decides that, in accordance with resolution 661 (1990) and subsequent related resolutions and until a further decision is taken by the Security Council, all States shall continue to prevent the sale or supply, or the promotion or facilitation of such sale or supply, to Iraq by their nationals, or from their territories or using their flag vessels or aircraft, of:
    1. Arms and related materiel of all types, specifically including the sale or transfer through other means of all forms of conventional military equipment, including for paramilitary forces, and spare parts and components and their means of production, f or such equipment;
    2. Items specified and defined in paragraphs 8 and 12 above not otherwise covered above;
    3. Technology under licensing or other transfer arrangements used in the production, utilization or stockpiling of items specified in subparagraphs (a) and (b) above;
    4. Personnel or materials for training or technical support services relating to the design, development, manufacture, use, maintenance or support of items specified in subparagraphs (a) and (b) above;
25. Calls upon all States and international organizations to act strictly in accordance with paragraph 24 above, notwithstanding the existence of any contracts, agreements, licences or any other arrangements;
26. Requests the Secretary-General, in consultation with appropriate Governments, to develop within sixty days, for the approval of the Security Council, guidelines to facilitate full international implementation of paragraphs 24 and 25 above and paragrap h 27 below, and to make them available to all States and to establish a procedure for updating these guidelines periodically;
27. Calls upon all States to maintain such national controls and procedures and to take such other actions consistent with the guidelines to be established by the Security Council under paragraph 26 above as may be necessary to ensure compliance with the terms of paragraph 24 above, and calls upon international organizations to take all appropriate steps to assist in ensuring such full compliance;
28. Agrees to review its decisions in paragraphs 22, 23, 24 and 25 above, except for the items specified and defined in paragraphs 8 and 12 above, on a regular basis and in any case one hundred and twenty days following passage of the present resolution, taking into account Iraq’s compliance with the resolution and general progress towards the control of armaments in the region;
29. Decides that all States, including Iraq, shall take the necessary measures to ensure that no claim shall lie at the instance of the Government of Iraq, or of any person or body in Iraq, or of any person claiming through or for the benefit of any such person or body, in connection with any contract or other transaction where its performance was affected by reason of the measures taken by the Security Council in resolution 661 (1990) and related resolutions;

    G

30. Decides that, in furtherance of its commitment to facilitate the repatriation of all Kuwaiti and third country nationals, Iraq shall extend all necessary cooperation to the International Committee of the Red Cross, providing lists of such persons, fac ilitating the access of the International Committee of the Red Cross to all such persons wherever located or detained and facilitating the search by the International Committee of the Red Cross for those Kuwaiti and third country nationals still unaccount ed for;
31. Invites the International Committee of the Red Cross to keep the Secretary-General apprised as appropriate of all activities undertaken in connection with facilitating the repatriation or return of all Kuwaiti and third country nationals or their rema ins present in Iraq on or after 2 August 1990;

    H

32. Requires Iraq to inform the Security Council that it will not commit or support any act of international terrorism or allow any organization directed towards commission of such acts to operate within its territory and to condemn unequivocally and reno unce all acts, methods and practices of terrorism;
33. Declares that, upon official notification by Iraq to the Secretary-General and to the Security Council of its acceptance of the provisions above, a formal cease-fire is effective between Iraq and Kuwait and the Member States cooperating with Kuwait in accordance with resolution 678 (1990);
34. Decides to remain seized of the matter and to take such further steps as may be required for the implementation of the present resolution and to secure peace and security in the area.

SECURITY COUNCIL RESOLUTION 686 (1991)

March 2, 1991

Adopted by the Security Council at its 2978^th meeting on

The Security Council

Recalling and reaffirming its resolutions 660 (1990) 661 (1990) 662(1990) 664 (1990) 665 (1990) 666 (1990) 667 (1990) 669 (1990) 670 (1990) 674 (1990) 677 (1990) and 678 (1990),

Recalling the obligations of Member States under Article 25 of the Charter,

Recalling paragraph 9 of resolution 661 (1990) regarding assistance to the Government of Kuwait and paragraph 3 © of that resolution regarding supplies strictly for medical purposes and in humanitarian circumstances, foodstuffs,

Taking note of the letters of the Foreign Minister of Iraq confirming Iraq’s agreement to comply fully with all of the resolutions noted above (S/22275) and stating its intention to release prisoners of war immediately (S/22273),

Taking note of the suspension of offensive combat operations by the forces of Kuwait and the Member States cooperating with Kuwait pursuant to resolution 678 (1990),

Bearing in mind the need to be assured of Iraq’s peaceful intentions and the objective in resolution 678 (1990) of restoring international peace and security in the region

Underlining the importance of Iraq taking the necessary measures which would permit a definitive end to the hostilities

Affirming the commitment of all Member States to the independence sovereignty and territorial integrity of Iraq and Kuwait and noting the intention expressed by the Member States cooperating under paragraph 2 of Security Council reso lution 678 (1990) to bring their military presence in Iraq to an end as soon as possible consistent with achieving the objectives of the resolution,

Acting under Chapter VII of the Charter

1. Affirms that all twelve resolutions noted above continue to have full force and effect;
2. Demands that Iraq implement its acceptance of all twelve resolutions noted above and in particular that Iraq:
   1. Rescind immediately its actions purporting to annex Kuwait;
   2. Accept in principle its liability for any loss damage or injury arising in regard to Kuwait and third States and their nationals and corporations as a result of the invasion and illegal occupation of Kuwait by Iraq;
   3. Under international law immediately release under the auspices of the International Committee of the Red Cross Societies or Red Crescent Societies all Kuwaiti and third country nationals detained by Iraq and return the remains of any deceased Kuwaiti and third country nationals so detained; and
   4. Immediately begin to return all Kuwaiti property seized by Iraq to be completed in the shortest possible period;
3. Further demands that Iraq:
   1. Cease hostile or provocative actions by its forces against all Member States including missile attacks and flights of combat aircraft;
   2. Designate military commanders to meet with counterparts from the forces of Kuwait and the Member States cooperating with Kuwait pursuant to resolution 678 (1990) to arrange for the military aspects of a cessation of hostilities at the earliest possibl e time;
   3. Arrange for immediate access to and release of all prisoners of war under the auspices of the International Committee of the Red Cross and return the remains of any deceased personnel of the forces of Kuwait and the Member States cooperating with Kuwa it pursuant to resolution 678 (1990); and
   4. Provide all information and assistance in identifying Iraqi mines booby traps and other explosives as well as any chemical and biological weapons and material in Kuwait in areas of Iraq where forces of Member States cooperating with Kuwait pursuant to resolution 678 (1990) are present temporarily and in adjacent waters;
4. Recognizes that during the period required for Iraq to comply with paragraphs 2 and 3 above the provisions of paragraph 2 of resolution 678 (1990)remain valid;
5. Welcomes the decision of Kuwait and the Member States cooperating with Kuwait pursuant to resolution 678 (1990) to provide access and to commence immediately the release of Iraqi prisoners of war as required by the terms of the Third Geneva Convention of 1949 under the auspices of the International Committee of the Red Cross;
6. Requests all Member States as well as the United Nations the specialized agencies and other international organizations in the United Nations system to take all appropriate action to cooperate with the Government and people of Kuwait in the reconstruc tion of their country;
7. Decides that Iraq shall notify the Secretary-General and the Security Council when it has taken the actions set out above;
8. Decides that in order to secure the rapid establishment of a definitive end to the hostilities the Security Council remains actively seized of the matter.

UNITED NATIONS SECURITY COUNCIL RESOLUTION 678 (1990)

November 29, 1990

Adopted by the Security Council at its 2963^rd meeting The Security Council

Recalling and reaffirming its resolutions 660 (1990) of 2 August(1990) 661 (1990) of 6 August 1990, 662(1990) of 9 August 1990, 664 (1990) of 18 August 1990, 665 (1990) of 25 August 1990, 666 (1990)of 13 September 1990, 667 (1990) of 16 September 1990, 669 (1990) of 24 September 1990, 670 (1990) of 25 September 1990, 674 (1990) of 29 October 1990, and 677 (1990) of 28 November 1990.

Noting that despite all efforts by the United Nations, Iraq refuses to comply with its obligation to implement resolution 660 (1990)and the above-mentioned subsequent relevant resolutions in flagrant contempt of the Security Council,

Mindful of its duties and responsibilities under the Charter of the United Nations for the maintenance and preservation of international peace and security,

Determined to secure full compliance with its decisions,

Acting under Chapter VII of the Charter,

1. Demands that Iraq comply fully with resolution 660 (1990) and all subsequent relevant resolutions and decides while maintaining all its decisions to allow Iraq one final opportunity as a pause of goodwill to do so;
2. Authorizes Member States co-operating with the Government of Kuwait unless Iraq on or before 15 January 1991 fully implements as set forth in paragraph 1 above the foregoing resolutions to use all necessary means to uphold and implement resolution 660 (1990) and all subsequent relevant resolutions and to restore international peace and security in the area;
3. Requests all States to provide appropriate support for the actions undertaken in pursuance of paragraph 2 of the present resolution;
4. Requests the States concerned to keep the Security Council regularly informed on the progress of actions undertaken pursuant to paragraphs 2 and 3 of the present resolution;
5. Decides to remain seized of the matter.

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SECURITY COUNCIL RESOLUTION 660 (1990)

August 2, 1990

Adopted by the Security Council at its 2932^nd meeting

The Security Council

Alarmed by the invasion of Kuwait on 2 August 1990 by the military forces of Iraq,

Determining that there exists a breach of international peace and security as regards the Iraqi invasion of Kuwait,

Acting under Articles 39 and 40 of the Charter of the United Nations,