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The Return of Kuwaiti Property

A- The Security Council resolution 686 (1991) paragraph 2 (d) has provided for the immediate return of Kuwaiti property. Paragraph 15 of Security Council resolution 687(1991) requested the UN Secretary General to report periodically on the steps taken to implement the return of Kuwaiti property, including a list of any property that Kuwait claims has not been return or handed over.

B- Consistent with this and with the agreement concluded in June 1991 with the UN Assistant Secretary General and Coordinator for the return of the property, the priorities of the hand-over operations have been established upon the request of the Kuwaiti authorities.

C- Iraq has fully cooperated with the UN representatives for the return of property and return the property according to the lists prepared by the UN Coordinator for the return of property. Despite the long time and hard work which the process of preparing, packing, and shipment of the property requires this process have been carried out quickly and accurately. In his report to the Security Council, the UN Secretary General has commended Iraq’s full cooperation in this respect. The UN Coordinator for the return of property has also commended Iraq’s full cooperation.

D- From May 1991, when the hand-over operations started till October 1996 when the operations ended Iraq has returned the following:

1- (3216) gold bars, and number of coins and notes.

2- (8) civilian aircraft’s, (6) of them in Tehran, (1) in Amman and (1) in Baghdad.

3- (11) military aircraft’s including (5) Skyhawk and (6) Hawk in Baghdad.

4- All the equipment’s and tools belonging to the Kuwaiti airways, including (9) engines for modern civilian aircraft.

5- (4) Helicopters, (2) of them Gazette and (2) Puma.

6- All the equipment’s and apparatuses and ammunition belonging to the Kuwaiti Air force, including Hawk missiles system.

7- All the military equipment apparatuses and ammunitions belonging to the Kuwaiti land and naval forces, including tank, artillery, vehicles, arms and boats.

8- Museum items of the Islamic Antiquities House and the Kuwaiti National Museum.

9- Books belonging to the Kuwaiti Central Library.

10- The belongings of the Ministry of Culture and Information, including the belongings of Kuwaiti News Agency.

11- 68 naval units.

12- The equipment of the Ministry of Health.

13- The equipment of the Ministry of Labor and Social Affairs.

14- The equipment of the Ministry of Reconstruction.

15- The belongings of the Arabic Center for Educational Research of the Arabic Bureau for Education of the Gulf States (first batch).

16- The equipment of the Ministry of Transport and Communication.

17- The equipment of the Ministry of Oil.

18- The materials of the Arab Navigation Company.

19- The paintings belonging to the Kuwaiti Plastic Artists.

20- The call devices and their boards, belonging to the Kuwaiti Foreign Ministry.

21- The remains of a destroyed (A-4) aircraft.

22- C ( 100- 30) aircraft.

23- Military tools and equipment.

24- A big copper coffee pot belonging to a member of the Sabah Family found in the local markets.

25- Naval equipment and apparatuses including boats.

26- Equipment and belongings of the Institute of Arabic Manuscripts.

27- A boat belonging to the Ministry of Health.

28- The Belongings of the Arabic Center of Educational Research of the Arabic Bureau for Education of the Gulf States ( second batch ).

29- Expensive and antique items consisting of ( 5 ) Emir swords, (3) gold plated pot and vessel, (2) small wool carpets, (1) gold pocket watch with gold chain, (2) wooden plaque with a shield in the middle.

E- Our Permanent Representative informed the UN Secretary General in a letter that Iraq has returned all the Kuwaiti property in his possession and has no longer anything to return; accordingly Iraq has fulfilled all the obligations provided for in paragraph 2(d) of Res. 686(1991) and paragraph 15 of Res.687(1991).The UN General Secretariat circulated this in its document S/1994/1099 dated 27/Sep.1994.

F- Iraq has repeatedly confirmed to the UN General Secretariat that any item found and proven to belonging to Kuwait will be returned, and to proven the good intentions of Iraq the UN Coordinator for return of property was informed of a small boat belonging to the Kuwaiti Ministry of Health and was handed over, and a coffee pot found in the local markets was returned.

G- It has been noticed that some claims forwarded to the UN Compensation Commission by Kuwaiti citizens and others, it could be understood from its claims of loss of money and property and they demand compensation, such demands are not informed in details to the Iraqi Government and thus it cannot judge if it is legally justified, it is known that during presence of Iraq in Kuwait numerous selling and buying transactions between citizens took place and they have received their price fully in cash.

According to the situation it is impossible for Iraq demonstrate to the Compensation Commission the fact of these transactions which are documented by the competent Iraqi authorities and consequently judge the legality of the mentioned claims can be included in the process of the paragraph of Return of Kuwaiti Property.