|
The
Security Council:
Recalling
all its previous relevant resolutions;
Reaffirming
the sovereignty and territorial integrity of Iraq;
Reaffirming
also the importance of the disarmament of Iraqi weapons of mass
destruction and of eventual confirmation of the disarmament of
Iraq;
Stressing
the right of the Iraqi people freely to determine their own
political future and control their own natural resources,
welcoming the commitment of all parties concerned to support the
creation of an environment in which they may do so as soon as
possible, and expressing resolve that the day when Iraqis govern
themselves must come quickly;
Encouraging
efforts by the people of Iraq to form a representative
government based on the rule of law that affords equal rights
and justice to all Iraqi citizens without regard to ethnicity,
religion, or gender, and, in this connection, recalls resolution
1325 (2000) of 31 October 2000;
Welcoming
the first steps of the Iraqi people in this regard, and noting
in this connection the 15 April 2003 Nasiriya statement and the
28 April 2003 Baghdad statement;
Resolved
that the United Nations should play a vital role in humanitarian
relief, the reconstruction of Iraq, and the restoration and
establishment of national and local institutions for
representative governance;
Noting
the statement of 12 April 2003 by the Ministers of Finance and
Central Bank Governors of the Group of Seven Industrialised
Nations in which the members recognised the need for a
multilateral effort to help rebuild and develop Iraq and for the
need for assistance from the International Monetary Fund and the
World Bank in these efforts;
Welcoming
also the resumption of humanitarian assistance and the
continuing efforts of the secretary general and the specialised
agencies to provide food and medicine to the people of Iraq;
Welcoming
the appointment by the secretary general of his special adviser
on Iraq;
Affirming
the need for accountability for crimes and atrocities committed
by the previous Iraqi regime;
Stressing
the need for respect for the archaeological, historical,
cultural, and religious heritage of Iraq, and for the continued
protection of archaeological, historical, cultural, and
religious sites, museums, libraries, and monuments;
Noting
the letter of 8 May 2003 from the Permanent Representatives of
the United States of America and the United Kingdom of Great
Britain and Northern Ireland to the President of the Security
Council (S/2003/538) and recognising the specific authorities,
responsibilities, and obligations under applicable international
law of these states as occupying powers under unified command
(the "Authority");
Noting
further that other states that are not occupying powers are
working now or in the future may work under the Authority;
Welcoming
further the willingness of member states to contribute to
stability and security in Iraq by contributing personnel,
equipment, and other resources under the Authority;
Concerned
that many Kuwaitis and Third-State Nationals still are not
accounted for since 2 August 1990;
Determining
that the situation in Iraq, although improved, continues to
constitute a threat to international peace and security;
Acting
under Chapter VII of the Charter of the United Nations,
1.
Appeals to Member States and concerned organisations to
assist the people of Iraq in their efforts to reform their
institutions and rebuild their country, and to contribute to
conditions of stability and security in Iraq in accordance with
this resolution;
2.
Calls upon all member states in a position to do so to
respond immediately to the humanitarian appeals of the United
Nations and other international organisations for Iraq and to
help meet the humanitarian and other needs of the Iraqi people
by providing food, medical supplies, and resources necessary for
reconstruction and rehabilitation of Iraq's economic
infrastructure;
3.
Appeals to member states to deny safe haven to those members
of the previous Iraqi regime who are alleged to be responsible
for crimes and atrocities and to support actions to bring them
to justice;
4.
Calls upon the Authority, consistent with the Charter of the
United Nations and other relevant international law, to promote
the welfare of the Iraqi people through the effective
administration of the territory, including in particular working
towards the restoration of conditions of security and stability
and the creation of conditions in which the Iraqi people can
freely determine their own political future;
5.
Calls upon all concerned to comply fully with their
obligations under international law including in particular the
Geneva Conventions of 1949 and the Hague Regulations of 1907;
6.
Calls upon the Authority and relevant organisations and
individuals to continue efforts to locate, identify, and
repatriate all Kuwaiti and Third-State Nationals or the remains
of those present in Iraq on or after 2 August 1990, as well as
the Kuwaiti archives, that the previous Iraqi regime failed to
undertake, and, in this regard, directs the high-level co-ordinator,
in consultation with the International Committee of the Red
Cross and the Tripartite Commission and with the appropriate
support of the people of Iraq and in co-ordination with the
Authority, to take steps to fulfil his mandate with respect to
the fate of Kuwaiti and Third-State National missing persons and
property;
7.
Decides that all member states shall take appropriate steps
to facilitate the safe return to Iraqi institutions, of Iraqi
cultural property and other items of archaeological, historical,
cultural, rare scientific, and religious importance illegally
removed from the Iraq National Museum, the National Library, and
other locations in Iraq since the adoption of resolution 661
(1990) of 2 August 1990, including by establishing a prohibition
on trade in or transfer of such items and items with respect to
which reasonable suspicion exists that they have been illegally
removed, and calls upon the United Nations Educational,
Scientific, and Cultural Organization, Interpol, and other
international organisations, as appropriate, to assist in the
implementation of this paragraph;
8.
Requests the secretary general to appoint a Special
Representative for Iraq whose independent responsibilities shall
involve reporting regularly to the Council on his activities
under this resolution, co-ordinating activities of the United
Nations in post-conflict processes in Iraq, co-ordinating among
United Nations and international agencies engaged in
humanitarian assistance and reconstruction activities in Iraq,
and, in co-ordination with the Authority, assisting the people
of Iraq through:
(a)
co-ordinating humanitarian and reconstruction assistance by
United Nations agencies and between United Nations agencies and
non-governmental organisations;
(b)
promoting the safe, orderly, and voluntary return of refugees
and displaced persons;
(c)
working intensively with the Authority, the people of Iraq, and
others concerned to advance efforts to restore and establish
national and local institutions for representative governance,
including by working together to facilitate a process leading to
an internationally recognised, representative government of
Iraq;
(d)
facilitating the reconstruction of key infrastructure, in
co-operation with other international organisations;
(e)
promoting economic reconstruction and the conditions for
sustainable development, including through co-ordination with
national and regional organisations, as appropriate, civil
society, donors and the international financial institutions;
(f)
encouraging international efforts to contribute to basic
civilian administration functions;
(g)
promoting the protection of human rights;
(h)
encouraging international efforts to rebuild the capacity of the
Iraqi civilian police force; and
(i)
encouraging international efforts to promote legal and judicial
reform.
9.
Supports the formation, by the people of Iraq with the help
of the Authority and working with the special representative, of
an Iraqi interim administration as a transitional administration
run by Iraqis, until an internationally recognised,
representative government is established by the people of Iraq
and assumes the responsibilities of the Authority;
10.
Decides that, with the exception of prohibitions related to
the sale or supply to Iraq of arms and related materiel other
than those arms and related materiel required by the Authority
to serve the purposes of this and other related resolutions, all
prohibitions related to trade with Iraq and the provision of
financial or economic resources to Iraq established by
resolution 661 (1990) and subsequent relevant resolutions,
including resolution 778 (1992) of 2 October 1992, shall no
longer apply;
11.
Reaffirms that Iraq must meet its disarmament obligations,
encourages the United Kingdom of Great Britain and Northern
Ireland and the United States of America to keep the Council
informed of their activities in this regard, and underlines the
intention of the Council to revisit the mandates of the United
Nations Monitoring and Verification Commission and the
International Atomic Energy Agency as set forth in resolutions
687 (1991) of 3 April 1991, 1284 (1999) of 17 December 1999, and
1441 (2002) of 8 November 2002;
12.
Notes the establishment of a Development Fund for Iraq to be
held by the Central Bank of Iraq and to be audited by
independent public accountants approved by the International
Advisory and Monitoring Board of the Development Fund for Iraq
and looks forward to the early meeting of that International
Advisory and Monitoring Board, whose members shall include duly
qualified representatives of the secretary general, of the
managing director of the International Monetary Fund, of the
director-general of the Arab Fund for Social and Economic
Development, and of the president of the World Bank;
13.
Notes further that the funds in the Development Fund for
Iraq shall be disbursed at the direction of the Authority, in
consultation with the Iraqi interim administration, for the
purposes set out in paragraph 14 below;
14.
Underlines that the Development Fund for Iraq shall be used
in a transparent manner to meet the humanitarian needs of the
Iraqi people, for the economic reconstruction and repair of
Iraq's infrastructure, for the continued disarmament of Iraq,
and for the costs of Iraqi civilian administration, and for
other purposes benefiting the people of Iraq;
15.
Calls upon the international financial institutions to
assist the people of Iraq in the reconstruction and development
of their economy and to facilitate assistance by the broader
donor community, and welcomes the readiness of creditors,
including those of the Paris Club, to seek a solution to Iraq's
sovereign debt problems;
16.
Requests also that the secretary general, in co-ordination
with the Authority, continue the exercise of his
responsibilities under Security Council resolution 1472 (2003)
of 28 March 2003 and 1476 (2003) of 24 April 2003, for a period
of six months following the adoption of this resolution, and
terminate within this time period, in the most cost effective
manner, the ongoing operations of the oil-for-food programme
(the "programme"), both at headquarters level and in
the field, transferring responsibility for the administration of
any remaining activity under the programme to the Authority,
including by taking the following necessary measures:
(a)
to facilitate as soon as possible the shipment and authenticated
delivery of priority civilian goods as identified by the
secretary general and representatives designated by him, in
co-ordination with the Authority and the Iraqi interim
administration, under approved and funded contracts previously
concluded by the previous Government of Iraq, for the
humanitarian relief of the people of Iraq, including, as
necessary, negotiating adjustments in the terms or conditions of
these contracts and respective letters of credit as set forth in
paragraph 4 (d) of resolution 1472 (2003);
(b)
to review, in light of changed circumstances, in co-ordination
with the Authority and the Iraqi interim administration, the
relative utility of each approved and funded contract with a
view to determining whether such contracts contain items
required to meet the needs of the people of Iraq both now and
during reconstruction, and to postpone action on those contracts
determined to be of questionable utility and the respective
letters of credit until an internationally recognised,
representative government of Iraq is in a position to make its
own determination as to whether such contracts shall be
fulfilled;
(c)
to provide the Security Council within 21 days following the
adoption of this resolution, for the Security Council's review
and consideration, an estimated operating budget based on funds
already set aside in the account established pursuant to
paragraph 8 (d) of resolution 986 (1995) of 14 April 1995,
identifying:
(i)
all known and projected costs to the United Nations required to
ensure the continued functioning of the activities associated
with implementation of the present resolution, including
operating and administrative expenses associated with the
relevant United Nations agencies and programs responsible for
the implementation of the programme both at headquarters and in
the field;
(ii)
all known and projected costs associated with termination of the
programme;
(iii)
all known and projected costs associated with restoring
Government of Iraq funds that were provided by member states to
the secretary general as requested in paragraph 1 of resolution
778 (1992) of 2 October 1992; and
(iv)
all known and projected costs associated with the special
representative and the qualified representative of the secretary
general identified to serve on the International Advisory and
Monitoring Board, for the six-month time period defined above,
following which these costs shall be borne by the United
Nations;
(d)
to consolidate into a single fund the accounts established
pursuant to paragraphs 8 (a) and 8 (b) of resolution 986 (1995);
(e)
to fulfil all remaining obligations related to the termination
of the programme, including negotiating in the most
cost-effective manner, any necessary settlement payments, which
shall be made from the escrow accounts established pursuant to
paragraphs 8(a) and 8 (b) of resolution 986 (1995), with those
parties that previously have entered into contractual
obligations with the secretary general under the programme, and
to determine, in co-ordination with the Authority and the Iraqi
interim administration, the future status of contracts
undertaken by the United Nations and related United Nations
agencies under the accounts established pursuant to paragraphs 8
(b) and 8 (d) of resolution 986 (1995);
(f)
to provide the Security Council, 30 days prior to the
termination of the programme, with a comprehensive strategy
developed in close co-ordination with the Authority and the
Iraqi interim administration that would lead to the delivery of
all relevant documentation and the transfer of all operational
responsibility of the programme to the Authority;
17.
Requests further that the secretary general transfer as soon
as possible to the Development Fund for Iraq $1bn from
unencumbered funds in the accounts established pursuant to
paragraphs 8 (a) and 8 (b) of resolution 986 (1995), restore
Government of Iraq funds that were provided by member states to
the secretary general as request in paragraph 1 of resolution
778 (1992), and decides that, after deducting all relevant
United Nations expenses associated with the shipment of
authorised contracts, and costs to the programme outlined in
paragraph 16 (c) above, including residual obligations, all
surplus funds in the escrow accounts established pursuant to
paragraphs 8 (a), 8 (b), 8 (d), and 8 (f) of resolution 986
(1995) shall be transferred at the earliest possible time to the
Development Fund for Iraq;
18.
Decides to terminate effective on the adoption of this
resolution the functions related to the observation and
monitoring activities undertaken by the secretary general under
the programme, including the monitoring of the export of
petroleum and petroleum products from Iraq;
19.
Decides to terminate the Committee established pursuant to
paragraph 6 of resolution 661 (1990) at the conclusion of the
six months period called for in paragraph 16 above and further
decides that the Committee shall identify individuals and
entities referred to in paragraph 23 below;
20.
Decides that all export sales of petroleum, petroleum
products, and natural gas from Iraq following the date of the
adoption of this resolution shall be made consistent with
prevailing international market best practices, to be audited by
independent public accountants reporting to the International
Advisory and Monitoring Board referred to in paragraph 12 above
in order to ensure transparency, and decides further that,
except as provided in paragraph 21 below, all proceeds from such
sales shall be deposited into the Development Fund for Iraq,
until such time as an internationally recognised, representative
government of Iraq is properly constituted;
21.
Decides further that 5% of the proceeds referred to in
paragraph 20 above shall be deposited into the Compensation Fund
established in accordance with resolution 687 (1991) of 3 April
1991 and subsequent relevant resolutions and that, unless an
internationally recognised, representative government of Iraq
and the Governing Council of the United Nations Compensation
Commission, in the exercise of its authority over methods of
ensuring that payments are made into the Compensation Fund,
decide otherwise, this requirement shall be binding on a
properly constituted, internationally recognised, representative
government of Iraq and any successor thereto;
22.
Noting the relevance of the establishment of an
internationally recognised, representative government of Iraq
and the desirability of prompt completion of the restructuring
of Iraq's debt as referred to in paragraph 15 above, further
decides that, until December 31 2007, unless the Council decides
otherwise, petroleum, petroleum products, and natural gas
originating in Iraq shall be immune, until title passes to the
initial purchaser from legal proceedings against them and not be
subject to any form of attachment, garnishment, or execution,
and that all states shall take any steps that may be necessary
under their respective domestic legal systems to assure this
protection, and that proceeds and obligations arising from sales
thereof, as well as the Development Fund for Iraq, shall enjoy
privileges and immunities equivalent to those enjoyed by the
United Nations except that the above-mentioned privileges and
immunities will not apply with respect to any legal proceeding
in which recourse to such proceeds or obligations is necessary
to satisfy liability for damages assessed in connection with an
ecological accident, including an oil spill, that occurs after
the date of adoption of this resolution;
23.
Decides that all member states in which there are:
(1)
funds or other financial assets or economic resources of the
previous Government of Iraq or its state bodies, corporations,
or agencies, located outside Iraq as of the date of this
resolution, or
(2)
funds or other financial assets or economic resources that have
been removed from Iraq, or acquired, by Saddam Hussein or other
senior officials of the former Iraqi regime and their immediate
family members, including entities owned or controlled, directly
or indirectly, by them or by persons acting on their behalf or
at their direction,
shall
freeze without delay those funds or other financial assets
or economic resources and, unless these funds or other financial
assets or economic resources are themselves the subject of a
prior judicial, administrative, or arbitral lien or judgement,
immediately shall cause their transfer to the Development Fund
for Iraq, it being understood that, unless otherwise addressed,
claims made by private individuals or non-government entities on
those transferred funds or other financial assets may be
presented to the internationally recognised, representative
government of Iraq; and decides further that all such funds or
other financial assets or economic resources shall enjoy the
same privileges, immunities, and protections as provided under
paragraph 22;
24.
Requests the secretary general to report to the Council at
regular intervals on the work of the special representative with
respect to the implementation of this resolution and on the work
of the International Advisory and Monitoring Board and
encourages the United Kingdom of Great Britain and Northern
Ireland and the United States of America to inform the Council
at regular intervals of their efforts under this resolution;
25.
Decides to review the implementation of this resolution
within 12 months of adoption and to consider further steps that
might be necessary;
26.
Calls upon member states and international and regional
organisations to contribute to the implementation of this
resolution;
27.
Decides to remain seized of this matter.
|
