Iraq Survey Group Final Report
Regime Finance and Procurement
UN Security Council Resolutions Applicable to Iraq
The following information from the Office of the Spokesman for the United Nations UNSG summarizes the Chapter VII resolutions applicable to Iraq between 1990 and 2003. Emphasis has been added.
UNSCR 661 (1990) of 6 August 1990 imposed economic sanctions on Iraq, including a full trade embargo barring all imports from and exports to Iraq, excepting only medical supplies, foodstuffs, and other items of humanitarian need, as determined by the Security Council sanctions committee, which was also established by UNSCR 661. The sanctions committee was chaired at the beginning of 2004 by the Ambassador of Romania, with the delegations of the Philippines and Pakistan providing vice chairmen.
UNSCR 687 (1991) of 3 April 1991, the cease-fire resolution, declared that the full trade embargo against Iraq would remain in place, pending periodic reviews every 60 days (para. 21) and every 120 days (para. 28) of Iraqi compliance with the obligations imposed under UNSCR 687.
UNSCR 712 (1991) of 19 September 1991 allowed for a partial lifting of the embargo, which would have enabled Iraq to sell some oil to use the proceeds for humanitarian purposes. In return, Iraq would have been subject to strict UN monitoring of the contracts and distribution of humanitarian goods bought with the oil revenues.
UNSCR 986 (1995) of 14 April 1995 enables Iraq to sell up to $1 billion of oil every 90 days and use the proceeds for humanitarian supplies to the country. On 20 May 1996, the UN and the Government of Iraq concluded the MoU that codified the practical arrangements for the implementation of the UN OFF agreement. The sanctions committee subsequently adopted on 8 August 1996 the Procedures for the implementation of UNSCR 986. On 9 December 1996, the UNSG reported to the Security Council (S/1996/1015) that all the steps necessary to ensure the effective implementation of UNSCR 986 had been concluded. As a result, UNSCR 986 went into effect at 00.01 hours Eastern Standard Time on 10 December 1996. The first food shipment arrived in Iraq on 20 March 1997.
UNSCR 1051 (1996) of 27 March 1996 established the export/import monitoring system for Iraq. Iraq and countries exporting to Iraq must notify UNSCOM and the IAEA regarding the supply of “dual-use” items to Iraq. Such items are subject to inspection upon their arrival in Iraq as well as at the site where the items will be used.
UNSCR 1111 (1997) of 4 June 1997 decided that the provisions of UNSCR 986, except those contained in paragraphs 4,11 and 12, shall remain in force for another period of 180 days beginning at 00.01 hours, Eastern Daylight Time, on 8 June 1997. Further decided to conduct a thorough review of all aspects of the implementation of this resolution 90 days after the entry into force of paragraph 1 and again prior to the end of the 180 day period, on receipt of the reports referred to in paragraphs 3 and 4, and expressed its intention, prior to the end of the 180 day period, to consider favorably renewal of the provisions of this resolution, provided that the reports referred to in paragraphs 3 and 4 indicate that those provisions are being satisfactorily implemented.
UNSCR 1115 (1997) of 21 June 1997 decided not to conduct the reviews provided for in paragraphs 21 and 28 of UNSCR 687 (1991) until after the Special Commission submits its next consolidated progress report due on 11 October 1997, after which time those reviews will resume in accordance with UNSCR 687.
UNSCR 1129 (1997) of 12 September 1997 decided that the provisions of UNSCR 1111 should remain in force, except that States are authorized 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 within a period of 120 days from 00.01 hours, Eastern Daylight Time, on 8 June 1997 and, thereafter, a sum not exceeding a total of one billion United States dollars within a period of 60 days from 00.01 hours, Eastern Daylight Time, on 4 October 1997; and decided further that the provisions of paragraph 1 shall apply only to the period of implementation of UNSCR 1111.
UNSCR 1134 (1997) dated 23 October 1997 expressed the firm intention, if Iraq does not comply with paragraphs 2 and 3 of UNSCR 1115, to adopt measures which would oblige all States to prevent without delay the entry into or transit through their territories of all Iraqi officials and members of the Iraqi armed forces who are responsible for or participate in the instances of non-compliance of paragraphs 2 and 3 of UNSCR 1115. It decided not to conduct the reviews provided for in paragraphs 21 and 28 of UNSCR 687 until after the next consolidated progress report of the Special Commission, due on 11 April 1998, after which those reviews will resume in accordance with UNSCR 687, beginning on 26 April 1998.
UNSCR 1137 (1997) dated 12 November 1997 imposed travel restrictions on all Iraqi officials and members of the Iraqi armed forces who were responsible for or participated in the instances of non-compliance including the denial of entry to Iraq to Special Commission officials on the grounds of their nationality and the denial of entry to sites designated by the Special Commission for inspection to Special Commission inspectors on the grounds of their nationality. The resolution decided that the review provided in paragraphs 21 and 28 of UNSCR 687 shall resume in April 1998 in accordance with paragraph 8 of UNSCR 1134, provided that the Government of Iraq shall have rescinded its decision of 29 October 1997 to impose conditions on cooperation with the Special Commission.
By UNSCR 1143 (1997) of 4 December 1997 the Security Council decided that the provisions of UNSCR 986, except those contained in paragraphs 4, 11 and 12, shall remain in force for another period of 180 days beginning at 00.01 hours, Eastern Standard Time, on 5 December 1997.
By UNSCR 1153 (1998) of 20 February 1998 the Security Council decided that the provisions of UNSCR 986, except those contained in paragraphs 4, 11 and 12, shall remain in force for a new period of 180 days beginning at 00.01 hours, 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 of the UNSG requested in paragraph 5 of UNSCR 1153, on which date the provisions of UNSCR 1143, if still in force, shall terminate, except as regards sums already produced pursuant to that resolution prior to that date.
- Also by UNSCR 1153, the Security Council decided that the authorization given to States by paragraph 1 of UNSCR 986 shall 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, in the 180-day period referred to in paragraph 1 of UNSCR 1153, not exceeding a total of 5.256 billion United States dollars, of which the amounts recommended by the UNSG for the food/nutrition and health sectors should be allocated on a priority basis, and of which between 682 million United States dollars and 788 million United States dollars shall be used for the purpose referred to in paragraph 8 (b) of UNSCR 986, except that if less than 5.256 billion United States dollars worth of petroleum or petroleum products is sold during the 180 days period, particular attention will be paid to meeting the urgent humanitarian needs in the food/nutrition and health sectors and the UNSG may provide a proportionately smaller amount for the purpose referred to in paragraph 8 (b) of UNSCR 986.
By UNSCR 1158 (1998) of 25 March 1998 the Security Council decided that the provisions of UNSCR 1143 shall remain in force, subject to the provisions of UNSCR 1153, except that States are authorized 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 1.4 billion United States dollars within the period of 90 days from 00.01 hours, Eastern Standard Time, on 5 March 1998.
UNSCR 1175 (1998) of 19 June 1998 authorized States, subject to the provisions of paragraph 2 of the resolution, to permit, notwithstanding the provisions of paragraph 3 (c) of UNSCR 661, the export to Iraq of the necessary parts and equipment to enable Iraq to increase the export of petroleum and petroleum products, in quantities sufficient to produce the sum established in paragraph 2 of UNSCR 1153.
- By the same resolution, the Committee established by UNSCR 661, or a panel of experts appointed by that Committee may approve contracts for the parts and equipment and up to a total of 300 million United States dollars may be used for that purpose.
- UNSCR 1175 also noted that the distribution plan approved by the UNSG on 29 May 1998, or any new distribution plan agreed by the Government of Iraq and the UNSG, will remain in effect, as required, for each subsequent periodic renewal of the temporary humanitarian arrangements for Iraq and that, for this purpose, the plan will be kept under constant review and amended as necessary through the agreement of the UNSG and the Government of Iraq and in a manner consistent with UNSCR 1153.
UNSCR 1194 (1998) of 9 September 1998 decided not to conduct the review scheduled for October 1998 provided for in paragraphs 21 and 28 of UNSCR 687, and not to conduct any further such reviews until Iraq rescinds its above-mentioned decision of 5 August 1998 and the Special Commission and the IAEA report to the Council that they are satisfied that they have been able to exercise the full range of activities provided for in their mandates, including inspections.
- By UNSCR 1194, the Security Council also reaffirmed its intention to act in accordance with the relevant provisions of UNSCR 687 on the duration of the prohibitions referred to in that resolution and notes that by its failure so far to comply with its relevant obligations Iraq has delayed the moment when the Council can do so.
By UNSCR 1210 (1998) of 24 November 1998, the Security Council decided that the provisions of UNSCR 986, except those contained in paragraphs 4, 11 and 12, shall remain in force for a new period of 180 days beginning at 00.01 hours, Eastern Standard Time, on 26 November 1998. The resolution also decided that paragraph 2 of UNSCR 1153 shall remain in force and shall apply to the above-mentioned 180-day period.
In January 1999, the Security Council decided to establish three panels on disarmament, humanitarian issues and prisoners of war and Kuwaiti property to discuss options that would lead to the full implementation of all relevant Security Council resolutions concerning Iraq. Ambassador Amorim (Brazil) chaired all three panels. He submitted the panels’ reports in the spring of 1999 (S/1999/356), and the Council considered the recommendations contained therein.
UNSCR 1242 (1999) of 21 May 1999, extended the UN OFF program for a further 180 days starting on 25 May 1999.
UNSCR 1266 (1999) of 4 October 1999 decided that paragraph 2 of UNSCR 1153, as extended by UNSCR 1242, shall be modified to the extent necessary to authorize States to permit the import of petroleum and petroleum products originating in Iraq, including financial and other essential transactions directly related thereto, sufficient to produce an additional sum, beyond that provided for by UNSCR 1242, equivalent to the total shortfall of revenues authorized but not generated under UNSCR 1210 and 1153, 3.04 billion United States dollars, within the period of 180 days from 00.01 hours, eastern standard time, on 25 May 1999.
UNSCR 1281 (1999) of 10 December 1999, extended the UN OFF program for a further 180 days starting on 12 December 1999 (phase VII).
On 17 December 1999, after several months of intensive consultations, the Security Council adopted UNSCR 1284 (1999), stressing the need for a comprehensive approach to the full implementation of all relevant Security Council resolutions and Iraq compliance with these resolutions. The resolution established the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC) to undertake the responsibilities of the former UNSCOM, which was charged with monitoring the elimination of weapons of mass destruction in Iraq. The resolution also removed the ceiling on Iraqi oil exports and provided for additional specific arrangements for facilitating humanitarian supplies to Iraq, including the conditional suspension of the sanctions Regime.
On 8 June 2000, the Security Council unanimously adopted UNSCR 1302 (2000) by which it extended the UN OFF program for a further 180-day period beginning 9 June 2000. The Council repeatedly extended the program for 180-day periods over the following years.
Then, on 14 May 2002, the Security Council unanimously adopted UNSCR 1409 (2002), which adopted a revised Goods Review List of military-related goods or commodities, which was to enter into effect on 30 May 2002. From that date onward, States are authorized to sell or supply any commodities not included on the Goods Review List, while the Council would regularly conduct thorough reviews of the Goods Review List.
On 28 March 2003, the Security Council unanimously adopted UNSCR 1472 (2003), making technical and temporary adjustments to the UN OFF program on an interim and exceptional basis, so as to ensure the implementation of approved contracts concluded by the Government of Iraq for the relief of the Iraqi people.
- The resolution authorizes the UNSG and representatives designated by him to establish alternative locations, inside and outside Iraq, for the delivery, inspection and authenticated confirmation of humanitarian supplies and equipment under the program.
- It also authorizes him, among other things, to review as a matter of urgency the approved funded and non-funded contracts concluded by the Iraqi Government and to contact suppliers of those contracts and, when necessary, to require them to delay, accelerate or divert shipments. It also allows him to negotiate and execute new contracts for essential medical items.
On 25 April 2003, the Council unanimously adopted UNSCR 1476 (2003), extending the provisions of UNSCR 1472 until 3 June 2003.
The Security Council formally ended all sanctions, except those related to the sale or supply to Iraq of arms and related material, other than those required by the occupying powers to serve the purposes of Security Council resolutions, in UNSCR 1483 (2003), which was adopted on 22 May 2003 by a vote of 14-0 with one country not participating in the vote.
- The resolution states that, with the exception of the arms prohibitions noted above, all other sanctions established by UNSCR 661 and subsequent resolutions “shall no longer apply.”
- It also requests that the UNSG will continue the exercise of his responsibilities under UNSCRs 1472 and 1476 for a period of six months, and will terminate within this time period, in the most cost effective manner, the ongoing operations of the UN OFF Program.
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