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Weapons of Mass Destruction (WMD)

28 March 2003

U.N. Secretary General to Administer Iraq Oil-For-Food Program

(Text: Security Council resolution 1472) (1790)
The Security Council March 28 unanimously adopted a resolution
allowing U.N. Secretary General Kofi Annan to use funds in the
oil-for-food program to meet the humanitarian needs of Iraqi civilians
suffering the effects of the current conflict.
Adopting a four-page technical resolution, numbered 1472, the council
gave the secretary general authority to make changes in the
oil-for-food program for an initial period of 45 days. It allows him
to establish locations both inside and outside Iraq for the delivery
of supplies and to review existing contracts, make changes,
renegotiate with suppliers, or cancel contracts in order to meet the
needs of Iraqis affected by the hostilities.
Under the resolution, the council's Iraqi Sanctions Committee is to
work with the secretary general to expedite new contracts for
emergency supplies and goods.
Under the oil-for-food program, which began in 1996, the proceeds from
the sale of Iraqi oil was deposited in a U.N. escrow account, the
large portion of which went to the purchase food, medicine and other
humanitarian supplies for Iraqi civilians and spare parts needed by
Iraq's oil industry. According to U.N. officials, there are currently
approved and funded contracts for purchase of humanitarian supplies
totaling about $8,900 million that have not yet been delivered.
Another $5,000 million in contracts have been processed but the
program lacks the funds to pay for them.
The resolution does not address the resumption of Iraqi oil sales or
any of Iraq's potential reconstruction and redevelopment needs after
the conflict ends.
(begin text)
United Nations Security Council
28 March 2003
Angola, Bulgaria, Cameroon, Chile, China, France, Germany, Guinea,
Mexico, Pakistan, Russian Federation, Spain, United Kingdom of Great
Britain and Northern Ireland and United States of America: Resolution
1472
The Security Council,
Noting that under the provisions of Article 55 of the Fourth Geneva
Convention (Geneva Convention Relative to the Protection of Civilian
Persons in Time of War of August 12, 1949), to the fullest extent of
the means available to it, the Occupying Power has the duty of
ensuring the food and medical supplies of the population; it should,
in particular, bring in the necessary foodstuffs, medical stores and
other articles if the resources of the occupied territory are
inadequate,
Convinced of the urgent need to continue to provide humanitarian
relief to the people of Iraq throughout the country on an equitable
basis, and of the need to extend such humanitarian relief measures to
the people of Iraq who leave the country as a result of hostilities,
Recalling its previous relevant resolutions, and in particular
resolutions 661 (1990) of 6 August 1990, 986 (1995) of 14 April 1995,
1409 (2002) of 14 May 2002, and 1454 (2002) of 30 December 2002, as
they provide humanitarian relief to the people of Iraq,
Noting the decision made by the Secretary-General on 17 March 2003 to
withdraw all United Nations and international staff tasked with the
implementation of the "Oil-for-Food" Programme (hereinafter "the
Programme") established under resolution 986 (1995),
Stressing the necessity to make every effort to sustain the operation
of the present national food basket distribution network,
Stressing also the need for consideration of a further reassessment of
the Programme during and after the emergency phase,
Reaffirming the respect for the right of the people of Iraq to
determine their own political future and to control their own natural
resources,
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. Requests all parties concerned to strictly abide by their
obligations under international law, in particular the Geneva
Conventions and the Hague Regulations, including those relating to the
essential civilian needs of the people of Iraq, both inside and
outside Iraq;
2. Calls on the international community also to provide immediate
humanitarian assistance to the people of Iraq, both inside and outside
Iraq in consultation with relevant States, and in particular to
respond immediately to any future humanitarian appeal of the United
Nations, and supports the activities of the International Committee of
the Red Cross and of other international humanitarian organizations;
3. Recognizes that additionally, in view of the exceptional
circumstances prevailing currently in Iraq, on an interim and
exceptional basis, technical and temporary adjustments should be made
to the Programme so as to ensure the implementation of the approved
funded and non-funded contracts concluded by the Government of Iraq
for the humanitarian relief of the people of Iraq, including to meet
the needs of refugees and internally displaced persons, in accordance
with this resolution;
4. Authorizes the Secretary-General and representatives designated by
him to undertake as an urgent first step, and with the necessary
coordination, the following measures:
(a) to establish alternative locations, both inside and outside Iraq,
in consultation with the respective government, for the delivery,
inspection and authenticated confirmation of humanitarian supplies and
equipment provided under the Programme, as well as to re-direct
shipments of goods to those locations, as necessary;
(b) to review, as a matter of urgency, the approved funded and
non-funded contracts concluded by the Government of Iraq to determine
the relative priorities of the need for adequate medicine, health
supplies, foodstuffs and other materials and supplies for essential
civilian needs represented in these contracts which can be shipped
within the period of this mandate, to proceed with these contracts in
accordance with such priorities;
(c) to contact suppliers of these contracts to determine the precise
location of contracted goods and, when necessary, to require suppliers
to delay, accelerate or divert shipments;
(d) to negotiate and agree on necessary adjustments in the terms or
conditions of these contracts and their respective letters of credit
and to implement the measures referred to in OP 4 (a), (b) and (c),
notwithstanding distribution plans approved under the Programme;
(e) to negotiate and execute new contracts for essential medical items
under the Programme and to authorize issuance of the relevant letters
of credit, notwithstanding approved distribution plans, provided that
such items cannot be delivered in execution of Contracts pursuant to
OP 4 (b) and subject to the approval of the Committee established
pursuant to resolution 661 (1990);
(f) to transfer unencumbered funds between the accounts created
pursuant to paragraphs 8 (a) and 8 (b) of resolution 986 (1995) on an
exceptional and reimbursable basis as necessary to ensure the delivery
of essential humanitarian supplies to the people of Iraq and to use
the funds in the escrow accounts referred to in paragraphs 8 (a) and
(b) of resolution 986 (1995) to implement the Programme as provided
for in this resolution, irrespective of the phase in which such funds
entered the escrow accounts or the phase to which those funds may have
been allocated.
(g) to use, subject to procedures to be decided by the Committee
established by resolution 661 (1990) prior to the end of the period
set out in OP 10 below and based on recommendations provided by the
Office of the Iraq Programme, funds deposited in the accounts created
pursuant to paragraphs 8 (a) and (b) of resolution 986 (1995), as
necessary and appropriate, to compensate suppliers and shippers for
agreed additional shipping, transportation and storage costs incurred
as a result of diverting and delaying shipments as directed by him
according to the provisions of OP 4 (a), (b) and (c) in order to
perform his functions set out in OP 4 (d);
(h) to meet additional operational and administrative costs resulting
from the implementation of the temporarily modified Programme by the
funds in the escrow account established pursuant to paragraph 8 (d) of
resolution 986 (1995) in the same manner as costs arising from those
activities set forth in paragraph 8 (d) of resolution 986 (1995) in
order to perform his functions set out in (d);
(i) to use funds deposited in the escrow accounts established pursuant
to paragraphs 8 (a) and 8 (b) of resolution 986 (1995) 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 costs of milling, transportation and
other costs necessary to facilitate the delivery of essential
humanitarian supplies to the people of Iraq;
5. Expresses its readiness as a second step to authorize the
Secretary-General to perform additional functions with the necessary
coordination as soon as the situation permits as activities of the
Programme in Iraq resume;
6. Expresses further its readiness to consider making additional funds
available, including from the account created pursuant to paragraph 8
(c) of resolution 986 (1995), on an exceptional and reimbursable
basis, to meet further the humanitarian needs of the people of Iraq;
7. Decides that, notwithstanding the provisions of resolution 661
(1990) and resolution 687 (1991) and for the duration of the present
resolution, all applications outside the Oil-for-Food Programme
submitted by the United Nations agencies, programmes and funds, other
international organizations and non-governmental organizations (NGOs)
for distribution or use in Iraq of emergency humanitarian supplies and
equipment, other than medicines, health supplies and foodstuffs, shall
be reviewed by the Committee established pursuant to resolution 661
(1990), under a 24-hour no-objection procedure;
8. Urges all parties concerned, consistent with the Geneva Conventions
and the Hague Regulations, to allow full unimpeded access by
international humanitarian organizations to all people of Iraq in need
of assistance and to make available all necessary facilities for their
operations and to promote the safety, security and freedom of movement
of United Nations and associated personnel and their assets, as well
as personnel of humanitarian organizations in Iraq in meeting such
needs;
9. Directs the Committee established pursuant to resolution 661 (1990)
to monitor closely the implementation of the provisions in paragraph 4
above and, in that regard, requests the Secretary-General to update
the Committee on the measures as they are being taken and to consult
with the Committee on prioritization of contracts for shipments of
goods, other than foodstuffs, medicines, health and water sanitation
related supplies;
10. Decides that the provisions contained in paragraph 4 of this
resolution shall remain in force for a period of 45 days following the
date of adoption of this resolution and may be subject to further
renewal by the Council;
11. Requests the Secretary-General to take all measures required for
the implementation of the present resolution and to report to the
Security Council prior to the termination of the period defined in
paragraph 10;
12. Decides to remain seized of the matter.
(end text)
(Distributed by the Office of International Information Programs, U.S.
Department of State. Web site: http://usinfo.state.gov)



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