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S/RES/986
(1995)
14 April 1995
Resolution
986
(1995)
Adopted
by
the
Security
Council
at
its
3519th
meeting,
on
14
April
1995
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 other 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:
(a) 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, endorsed
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 established by the Secretary-General for the
purposes of this resolution, and of any other directly related financial
or other essential transaction;
(b) 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 deduction of the percentage referred to in paragraph 8 (c) 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 petroleum 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 requested 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 to 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 those 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 assistance 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 products 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:
(a) 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 of resolution 687 (1991) provided that:
(i) Each export of goods
is at the request of the Government of Iraq;
(ii) 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;
(iii) The Secretary-General
receives authenticated confirmation that the exported goods concerned have
arrived in Iraq;
(b) 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 humanitarian
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 territory 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 proportionately smaller
amount for this purpose;
(c) 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;
(d) 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;
(e) 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);
(f) 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;
(g) 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 (c) of resolution
661 (1990):
(a) 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;
(b) 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), exceptionally 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 (a) 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 in 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 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 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 so;
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 that 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. |
