A.
1. Decides to establish, as a subsidiary body of the Council,
the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC)
which replaces the Special Commission established pursuant to paragraph 9 (b)
of resolution 687 (1991);
2. Decides also that UNMOVIC will undertake the responsibilities
mandated to the Special Commission by the Council with regard to the verification
of compliance by Iraq with its obligations under paragraphs 8, 9 and 10 of resolution
687 (1991) and other related resolutions, that UNMOVIC will establish and operate,
as was recommended by the panel on disarmament and current and future ongoing
monitoring and verification issues, a reinforced system of ongoing monitoring
and verification, which will implement the plan approved by the Council in resolution
715 (1991) and address unresolved disarmament issues, and that UNMOVIC will
identify, as necessary in accordance with its mandate, additional sites in Iraq
to be covered by the reinforced system of ongoing monitoring and verification;
3. Reaffirms the provisions of the relevant resolutions with regard
to the role of the IAEA in addressing compliance by Iraq with paragraphs 12
and 13 of resolution 687 (1991) and other related resolutions, and requests
the Director General of the IAEA to maintain this role with the assistance and
cooperation of UNMOVIC;
4. Reaffirms its resolutions 687 (1991), 699 (1991), 707 (1991),
715 (1991), 1051 (1996), 1154 (1998) and all other relevant resolutions
and statements of its President, which establish the criteria for Iraqi compliance,
affirms that the obligations of Iraq referred to in those resolutions
and statements with regard to cooperation with the Special Commission, unrestricted
access and provision of information will apply in respect of UNMOVIC, and decides
in particular that Iraq shall allow UNMOVIC teams immediate, unconditional and
unrestricted access to any and all areas, facilities, equipment, records and
means of transport which they wish to inspect in accordance with the mandate
of UNMOVIC, as well as to all officials and other persons under the authority
of the Iraqi Government whom UNMOVIC wishes to interview so that UNMOVIC may
fully discharge its mandate;
5. Requests the Secretary-General, within 30 days of the adoption
of this resolution, to appoint, after consultation with and subject to the approval
of the Council, an Executive Chairman of UNMOVIC who will take up his mandated
tasks as soon as possible, and, in consultation with the Executive Chairman
and the Council members, to appoint suitably qualified experts as a College
of Commissioners for UNMOVIC which will meet regularly to review the implementation
of this and other relevant resolutions and provide professional advice and guidance
to the Executive Chairman, including on significant policy decisions and on
written reports to be submitted to the Council through the Secretary-General;
6. Requests the Executive Chairman of UNMOVIC, within 45 days
of his appointment, to submit to the Council, in consultation with and through
the Secretary-General, for its approval an organizational plan for UNMOVIC,
including its structure, staffing requirements, management guidelines, recruitment
and training procedures, incorporating as appropriate the recommendations of
the panel on disarmament and current and future ongoing monitoring and verification
issues, and recognizing in particular the need for an effective, cooperative
management structure for the new organization, for staffing with suitably qualified
and experienced personnel, who would be regarded as international civil servants
subject to Article 100 of the Charter of the United Nations, drawn from the
broadest possible geographical base, including as he deems necessary from international
arms control organizations, and for the provision of high quality technical
and cultural training;
7. Decides that UNMOVIC and the IAEA, not later than 60 days after
they have both started work in Iraq, will each draw up, for approval by the
Council, a work programme for the discharge of their mandates, which will include
both the implementation of the reinforced system of ongoing monitoring and verification,
and the key remaining disarmament tasks to be completed by Iraq pursuant to
its obligations to comply with the disarmament requirements of resolution 687
(1991) and other related resolutions, which constitute the governing standard
of Iraqi compliance, and further decides that what is required of Iraq
for the implementation of each task shall be clearly defined and precise;
8. Requests the Executive Chairman of UNMOVIC and the Director
General of the IAEA, drawing on the expertise of other international organizations
as appropriate, to establish a unit which will have the responsibilities of
the joint unit constituted by the Special Commission and the Director General
of the IAEA under paragraph 16 of the export/import mechanism approved by resolution
1051 (1996), and also requests the Executive Chairman of UNMOVIC,
in consultation with the Director General of the IAEA, to resume the revision
and updating of the lists of items and technology to which the mechanism applies;
9. Decides that the Government of Iraq shall be liable for the
full costs of UNMOVIC and the IAEA in relation to their work under this and
other related resolutions on Iraq;
10. Requests Member States to give full cooperation to UNMOVIC
and the IAEA in the discharge of their mandates;
11. Decides that UNMOVIC shall take over all assets, liabilities
and archives of the Special Commission, and that it shall assume the Special
Commission's part in agreements existing between the Special Commission and
Iraq and between the United Nations and Iraq, and affirms that the Executive
Chairman, the Commissioners and the personnel serving with UNMOVIC shall have
the rights, privileges, facilities and immunities of the Special Commission;
12. Requests the Executive Chairman of UNMOVIC to report, through
the Secretary-General, to the Council, following consultation with the Commissioners,
every three months on the work of UNMOVIC, pending submission of the first reports
referred to in paragraph 33 below, and to report immediately when the reinforced
system of ongoing monitoring and verification is fully operational in Iraq;
B.
13. Reiterates the obligation of Iraq, in furtherance of its
commitment to facilitate the repatriation of all Kuwaiti and third country nationals
referred to in paragraph 30 of resolution 687 (1991), to extend all necessary
cooperation to the International Committee of the Red Cross, and calls upon
the Government of Iraq to resume cooperation with the Tripartite Commission
and Technical Subcommittee established to facilitate work on this issue;
14. Requests the Secretary-General to report to the Council every
four months on compliance by Iraq with its obligations regarding the repatriation
or return of all Kuwaiti and third country nationals or their remains, to report
every six months on the return of all Kuwaiti property, including archives,
seized by Iraq, and to appoint a high-level coordinator for these issues;
C.
15. 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 any volume of petroleum and petroleum products originating
in Iraq, including financial and other essential transactions directly relating
thereto, as required for the purposes and on the conditions set out in paragraph 1
(a) and (b) and subsequent provisions of resolution 986 (1995) and related resolutions;
16. Underlines, in this context, its intention to take further
action, including permitting the use of additional export routes for petroleum
and petroleum products, under appropriate conditions otherwise consistent with
the purpose and provisions of resolution 986 (1995) and related resolutions;
17. Directs the Committee established by resolution 661 (1990)
to approve, on the basis of proposals from the Secretary-General, lists of humanitarian
items, including foodstuffs, pharmaceutical and medical supplies, as well as
basic or standard medical and agricultural equipment and basic or standard educational
items, decides, notwithstanding paragraph 3 of resolution 661 (1990)
and paragraph 20 of resolution 687 (1991), that supplies of these items will
not be submitted for approval of that Committee, except for items subject to
the provisions of resolution 1051 (1996), and will be notified to the Secretary-General
and financed in accordance with the provisions of paragraph 8 (a)
and 8 (b) of resolution 986 (1995), and requests the Secretary-General
to inform the Committee in a timely manner of all such notifications received
and actions taken;
18. Requests the Committee established by resolution 661 (1990)
to appoint, in accordance with resolutions 1175 (1998) and 1210 (1998), a group
of experts, including independent inspection agents appointed by the Secretary-General
in accordance with paragraph 6 of resolution 986 (1995), decides that
this group will be mandated to approve speedily contracts for the parts and
the equipments necessary to enable Iraq to increase its exports of petroleum
and petroleum products, according to lists of parts and equipments approved
by that Committee for each individual project, and requests the Secretary-General
to continue to provide for the monitoring of these parts and equipments inside
Iraq;
19. Encourages Member States and international organizations to
provide supplementary humanitarian assistance to Iraq and published material
of an educational character to Iraq;
20. Decides to suspend, for an initial period of six months from
the date of the adoption of this resolution and subject to review, the implementation
of paragraph 8 (g) of resolution 986 (1995);
21. Requests the Secretary-General to take steps to maximize,
drawing as necessary on the advice of specialists, including representatives
of international humanitarian organizations, the effectiveness of the arrangements
set out in resolution 986 (1995) and related resolutions including the humanitarian
benefit to the Iraqi population in all areas of the country, and further
requests the Secretary-General to continue to enhance as necessary the United
Nations observation process in Iraq, ensuring that all supplies under the humanitarian
programme are utilized as authorized, to bring to the attention of the Council
any circumstances preventing or impeding effective and equitable distribution
and to keep the Council informed of the steps taken towards the implementation
of this paragraph;
22. Requests also the Secretary-General to minimize the cost of
the United Nations activities associated with the implementation of resolution
986 (1995) as well as the cost of the independent inspection agents and the
certified public accountants appointed by him, in accordance with paragraphs
6 and 7 of resolution 986 (1995);
23. Requests further the Secretary-General to provide Iraq and
the Committee established by resolution 661 (1990) with a daily statement of
the status of the escrow account established by paragraph 7 of resolution 986 (1995);
24. Requests the Secretary-General to make the necessary arrangements,
subject to Security Council approval, to allow funds deposited in the escrow
account established by resolution 986 (1995) to be used for the purchase of
locally produced goods and to meet the local cost for essential civilian needs
which have been funded in accordance with the provisions of resolution 986 (1995)
and related resolutions, including, where appropriate, the cost of installation
and training services;
25. Directs the Committee established by resolution 661 (1990)
to take a decision on all applications in respect of humanitarian and essential
civilian needs within a target of two working days of receipt of these applications
from the Secretary-General, and to ensure that all approval and notification
letters issued by the Committee stipulate delivery within a specified time,
according to the nature of the items to be supplied, and requests the
Secretary-General to notify the Committee of all applications for humanitarian
items which are included in the list to which the export/import mechanism approved
by resolution 1051 (1996) applies;
26. Decides that Hajj pilgrimage flights which do not transport
cargo into or out of Iraq are exempt from the provisions of paragraph 3 of resolution
661 (1990) and resolution 670 (1990), provided timely notification of each
flight is made to the Committee established by resolution 661 (1990), and requests
the Secretary-General to make the necessary arrangements, for approval by the
Security Council, to provide for reasonable expenses related to the Hajj pilgrimage
to be met by funds in the escrow account established by resolution 986 (1995);
27. Calls upon the Government of Iraq:
(i) to take all steps to ensure the timely and equitable distribution
of all humanitarian goods, in particular medical supplies, and to remove and
avoid delays at its warehouses;
(ii) to address effectively the needs of vulnerable groups, including children,
pregnant women, the disabled, the elderly and the mentally ill among others,
and to allow freer access, without any discrimination, including on the basis
of religion or nationality, by United Nations agencies and humanitarian organizations
to all areas and sections of the population for evaluation of their nutritional
and humanitarian condition;
(iii) to prioritize applications for humanitarian goods under the arrangements
set out in resolution 986 (1995) and related resolutions;
(iv) to ensure that those involuntarily displaced receive humanitarian
assistance without the need to demonstrate that they have resided for six
months in their places of temporary residence;
(v) to extend full cooperation to the United Nations Office for Project
Services mine-clearance programme in the three northern Governorates of Iraq
and to consider the initiation of the demining efforts in other Governorates;
28. Requests the Secretary-General to report on the progress
made in meeting the humanitarian needs of the Iraqi people and on the revenues
necessary to meet those needs, including recommendations on necessary additions
to the current allocation for oil spare parts and equipment, on the basis of
a comprehensive survey of the condition of the Iraqi oil production sector,
not later than 60 days from the date of the adoption of this resolution and
updated thereafter as necessary;
29. Expresses its readiness to authorize additions to the current
allocation for oil spare parts and equipment, on the basis of the report and
recommendations requested in paragraph 28 above, in order to meet the humanitarian
purposes set out in resolution 986 (1995) and related resolutions;
30. Requests the Secretary-General to establish a group of experts,
including oil industry experts, to report within 100 days of the date of adoption
of this resolution on Iraq's existing petroleum production and export capacity
and to make recommendations, to be updated as necessary, on alternatives for
increasing Iraq's petroleum production and export capacity in a manner consistent
with the purposes of relevant resolutions, and on the options for involving
foreign oil companies in Iraq's oil sector, including investments, subject to
appropriate monitoring and controls;
31. Notes that in the event of the Council acting as provided
for in paragraph 33 of this resolution to suspend the prohibitions referred
to in that paragraph, appropriate arrangements and procedures will need, subject
to paragraph 35 below, to be agreed by the Council in good time beforehand,
including suspension of provisions of resolution 986 (1995) and related resolutions;
32. Requests the Secretary-General to report to the Council on
the implementation of paragraphs 15 to 30 of this resolution within 30 days
of the adoption of this resolution;
D.
33. Expresses its intention, upon receipt of reports from the
Executive Chairman of UNMOVIC and from the Director General of the IAEA that
Iraq has cooperated in all respects with UNMOVIC and the IAEA in particular
in fulfilling the work programmes in all the aspects referred to in paragraph
7 above, for a period of 120 days after the date on which the Council is in
receipt of reports from both UNMOVIC and the IAEA that the reinforced system
of ongoing monitoring and verification is fully operational, to suspend with
the fundamental objective of improving the humanitarian situation in Iraq and
securing the implementation of the Council's resolutions, for a period of 120
days renewable by the Council, and subject to the elaboration of effective financial
and other operational measures to ensure that Iraq does not acquire prohibited
items, prohibitions against the import of commodities and products originating
in Iraq, and prohibitions against the sale, supply and delivery to Iraq of civilian
commodities and products other than those referred to in paragraph 24 of resolution
687 (1991) or those to which the mechanism established by resolution 1051 (1996)
applies;
34. Decides that in reporting to the Council for the purposes
of paragraph 33 above, the Executive Chairman of UNMOVIC will include as
a basis for his assessment the progress made in completing the tasks referred
to in paragraph 7 above;
35. Decides that if at any time the Executive Chairman of UNMOVIC
or the Director General of the IAEA reports that Iraq is not cooperating in
all respects with UNMOVIC or the IAEA or if Iraq is in the process of acquiring
any prohibited items, the suspension of the prohibitions referred to in paragraph
33 above shall terminate on the fifth working day following the report, unless
the Council decides to the contrary;
36. Expresses its intention to approve arrangements for effective
financial and other operational measures, including on the delivery of and payment
for authorized civilian commodities and products to be sold or supplied to Iraq,
in order to ensure that Iraq does not acquire prohibited items in the event
of suspension of the prohibitions referred to in paragraph 33 above, to begin
the elaboration of such measures not later than the date of the receipt of the
initial reports referred to in paragraph 33 above, and to approve such arrangements
before the Council decision in accordance with that paragraph;
37. Further expresses its intention to take steps, based on the
report and recommendations requested in paragraph 30 above, and consistent with
the purpose of resolution 986 (1995) and related resolutions, to enable Iraq
to increase its petroleum production and export capacity, upon receipt of the
reports relating to the cooperation in all respects with UNMOVIC and the IAEA
referred to in paragraph 33 above;
38. Reaffirms its intention to act in accordance with the relevant
provisions of resolution 687 (1991) on the termination of prohibitions referred
to in that resolution;
39. Decides to remain actively seized of the matter and expresses
its intention to consider action in accordance with paragraph 33 above no
later than 12 months from the date of the adoption of this resolution provided
the conditions set out in paragraph 33 above have been satisfied by Iraq.
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