REVISED
BRITISH DRAFT RESOLUTION
20
June 2001
The Security Council,
Recalling its previous relevant resolutions, including
its resolutions 661 (1990) of 6 August 1990, 670 (1990) of 25 September
1990, 687 (1991) of 3 August 1991, 986 (1995) of 14 April 1995, 1051
(1996) of 27 March 1996, 1284 (1999) of 17 December 1999, 1330 (2000)
of 5 December 2000 and 1352 (2001) of 1 June 2001,
Convinced of the need as a temporary measure to
continue to provide for the civilian needs of the Iraqi people until
the fulfilment by the Government of Iraq of the relevant resolutions,
including notably resolutions 687 (1991) and 1284 (1999), allows the
Council to take further action with regard to the prohibitions referred
to in resolution 661 (1990) of 6 August 1990,
Determined to improve the humanitarian situation
in Iraq,
Determined also to consult interested States in the region
and to act in cooperation with the States neighbouring Iraq,
Recognising the importance of the presence in Iraq
of a sufficient number of observers to provide the required assurance
to the Council that items listed in the Annex 2 to this resolution, where approved for export to Iraq, are utilised
for the purposes for which they have been approved,
Stressing the need for all States to implement effectively
all previous relevant resolutions, as modified by this resolution, in
particular paragraph 4 of resolution 661 (1990),
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. Decides that the provisions of resolution 986 (1995), except those
contained in paragraphs 4, 8(a)(ii),
11 and 12, and subject to paragraph 15 of resolution 1284 (1999)
and the following provisions of this resolution, shall remain in force
for a new period of [190] days beginning at 00.01 hours, Eastern Daylight
Time, on 4 July 2001;
2. Authorises States to permit, notwithstanding the provisions
of paragraph 3(c) of resolution 661 (1990) and consistent with the other
provisions of this resolution, the sale or supply to Iraq of any commodities
and products, other than commodities and products referred to in paragraph
24 of resolution 687 (1991), subject to the following conditions and
the procedures annexed to in
Annex 1 to this resolution:
(a) all proposals for the sale or supply
of commodities and products to Iraq shall be notified to the Secretary-General, who shall permit them unless he or the United Nations Monitoring,
Verification and Inspection Commission (UNMOVIC), in consultation with
the International Atomic Energy Agency (IAEA) as appropriate, determines that they contain items referred to
in paragraph 24 of resolution
687 (1991) or items included on the Goods Review List set out in the
Annex 2 to this resolution;
(b)
any proposed
sale or supply to Iraq determined by the Secretary-General or UNMOVIC, in consultation with IAEA
as appropriate, to include
any item on the Goods Review List set out in the Annex to this resolution
requires the approval by the Committee established by resolution 661
(1990), such proposals to be forwarded by the Secretary-General to the
Committee;
3. Decides that the funds in the escrow account established pursuant
to paragraph 7 of resolution 986 (1995) may be used to finance the sale
or supply to Iraq of those commodities and products that are authorised
for sale or supply to Iraq under paragraph 2 above of this resolution, provided that the conditions of paragraphs
8(a)(i) and 8(a)(iii) of resolution 986 (1995) are met;
4. Decides also to keep the
Goods Review List under regular
review, and requests the
Secretary-General, on the basis of recommendations from the
Office of the Iraq Programme, UNMOVIC and the IAEA and following
consultation with the interested States, to make recommendations to
the Council before the end of the 190-day period on the possible revision
and updating of the Goods Review List;
5. Expresses its intention to permit the provision of services in civil sectors, other than financial
services, to Iraq, including
through turnkey projects, subject to the elaboration of arrangements
by the Secretary-General, to be approved by the Council, to ensure that
the services are utilised for the purposes for which they are permitted
and to ensure the non-diversion of funds used to finance the services,
and requests the Secretary-General
to elaborate such arrangements within 60 days of the adoption of this
resolution;
6. Requests
the Secretary-General to
consult the States sharing land borders with Iraq on specific arrangements
for to be established
in cooperation with those States for the import of up to 150,000
barrels per day of petroleum and petroleum products from Iraq to those
States, provided that such arrangements only permit payment to
Iraq either only in
the form of commodities or products or the deposit of funds due to Iraq
in escrow accounts to be established in the importing State, and provided
that such arrangements prohibit the sale or supply to Iraq of prohibited
items or items not authorised by the Council commodities and products not authorised for sale or supply to Iraq under
paragraph 2 above, and to make recommendations in this regard for
the approval of the Council within
120 days of the adoption of this resolution;
7.
Also requests the Secretary-General, in order to maximise the revenue available to the escrow account established
pursuant to paragraph 7 of resolution 986 (1995), to draw up, within
one month of the adoption of this resolution, for the approval of the
Council Committee established by resolution
661 (1990), criteria for the selection of companies and trading
organisations to be authorised to handle the sale or supply of Iraqi
petroleum and petroleum products to States other than those covered
by the arrangements set out in paragraph 6 above, those
criteria to include a proven record of legitimate trading by the company
or organisation concerned in Iraqi and non-Iraqi petroleum and petroleum
products;
8. Directs the Committee Further requests the Secretary-General,
within one month of the approval of the criteria referred to in paragraph
7 above, to draw up a list of companies and trading organisations
in accordance with those criteria and within one month of their receipt,
and decides that thereafter
the sale or supply of Iraqi petroleum and petroleum products to
these States shall take place only through authorised oil companies
and trading organisations on that list, and consistent with paragraph
1(b) of resolution 986 (1995);
9. Requests the Secretary-General,
in order to maximise the revenue available to the escrow account established
pursuant to paragraph 7 of resolution 986 (1995), to make recommendations
within one month of the adoption of this resolution to the Committee
established by resolution 661 (1990) for its approval to improve the
pricing mechanism for the purchase of Iraqi petroleum and petroleum
products consistent with the conditions of the global market;
8. 10. Decides that the arrangements
set out in paragraph 2 of resolution 1330 (2000) regarding the use of
funds from the escrow account established pursuant to paragraph 7 of
resolution 986 (1995) for the purposes of paragraph 8(b) of the latter
resolution shall remain in force and shall be implemented in accordance
with paragraph 2 above;
9. 11. Decides also that the funds in the account established pursuant to paragraph 8 (d) of resolution
986 (1995) may be used for the payment of the arrears in Iraq’s contribution
to the budget of the United Nations, and for the payment, on a continuing basis, of Iraq’s assessed contribution
to the regular budget of the United Nations;
10. 12. Decides further that all States may permit any non-Iraqi civil aircraft
destined to land in or take off from Iraq, including an aircraft carrying
passengers, to take off from, overfly, or land in its territory, provided
that aircraft destined for Iraq land at or originate from one of the
designated airfields outside
Iraq on a list to be drawn up
by the Committee established by resolution 661 (1990), and remain
there for as long as necessary in order to permit inspection of
cargo by national authorities in the presence of United Nations
observers to prevent the carriage of unauthorised cargo, and that notification
of the flight to the Secretariat is given 5
working days in advance to
facilitate such inspections;
11 13. Decides to terminate paragraphs 3, 4 and 6 of resolution 670 (1990) when the Secretary-General reports to the
Council that the system outlined in paragraph 12 above is operational;
12. 14. Decides also that the funds
in the escrow account established pursuant to paragraph 8 (d)
of resolution 986 (1995) may be used by the Secretary-General to facilitate
the inspection of such flights pursuant to paragraph 8 12 above at the inspection points airfields designated by the Committee established by resolution 661
(1990) for flights to Iraq;
13. 15. Requests the Committee established by resolution 661 (1990) to carry out all the tasks entrusted
to it by this resolution expeditiously;
14. 16.
Authorises, at the request of the Governments of Tunisia and Jordan,
the return to Iraq of Iraqi civil aircraft currently held in those countries;
15. 17. Requests the Secretary-General to review and revise the procedures
for land-based monitoring of the export of commodities and products
to Iraq by land and sea, both to ensure the effectiveness of
the arrangements at authorised border crossings, utilising United Nations
personnel as appropriate, and to prevent the export to Iraq at those
crossings and elsewhere of prohibited goods commodities
and products not authorised for sale or supply to Iraq under paragraph
2 above;
18. Requests also the Secretary-General,
for the purpose of enhancing border monitoring to prevent the export to Iraq of commodities or products not authorised
for sale to Iraq under paragraph 2 above, consistent with the
arrangements in paragraph 6 above, particularly by those States
which share land borders with Iraq, the Secretary-General may
to cooperate with those States
and to provide assistance to States them, drawing from the escrow account established by
pursuant to paragraph 8 (d) of resolution
986 (1995);
16. 19. Stresses the obligation of Iraq to cooperate with the implementation
of this resolution and other applicable resolutions, and the need to
continue to ensure respect for the security and safety of all persons
directly involved in the implementation of this resolution and other
applicable resolutions in Iraq;
17. 20. Appeals to all States
to continue to cooperate in the timely submission of technically complete
applications and the expeditious issuance of export licences, and to
take all other appropriate measures within their competence in order
to ensure that urgently needed humanitarian supplies reach the Iraqi
population as rapidly as possible;
18. 21.
Requests the Secretary-General
to provide a comprehensive report to the Council on the implementation
of this resolution 90 days after
its adoption and again at least one week prior to the end of the
190-day period, on the basis of observations of the United Nations personnel
in Iraq to carry out the purposes of paragraph 3 of resolution 1330
(2000), and of consultation with the members of the Committee established
by resolution 661 (1990) and with the Government of Iraq;
19. 22. Decides that the effective
deduction rate of the funds deposited in the escrow account established
by resolution 986 (1995) to be transferred to the Compensation Fund
in the 190-day period shall be [25] [30] percent, and further
decides that the additional funds resulting from this decision will
be deposited in the account established pursuant to paragraph 8(a) of
resolution 986 (1995);
20. 23. Expresses its intention to consider favourably prior to the expiration
of the 190- day period the renewal of the provisions of this resolution;
21. 24. Decides to remain seized
of the matter.