Non Paper on the Oil-For-Food Programme

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March 23, 2003

The Security Council,


PP 1: Stressing the primary responsibility of the occupying power according to the relevant provisions of International Humanitarian Law for ensuring that the Iraqi population is provided with medicine, health supplies, foodstuffs, and materials and supplies for essential civilian needs;

PP 2: Convinced of the urgent need to continue to provide these humanitarian goods to the Iraqi people based on the equitable distribution of humanitarian relief throughout the country and of the need to extend such humanitarian relief measures to the Iraqi people who leave the country as a result of hostilities;

PP 3: Recalling its previous relevant resolutions, and in particular resolutions 661 (1990) of 6 August 1990, 986 (1995) of 14 April 1995, 1409 (2002) of 24 May 2002, and 1454 (2002) of 30 December 2002, as they provide humanitarian relief to the people of Iraq;

(PP 4: Recognizing that the departure of United Nations and international staff normally tasked with implementation of the "Oil-for-Food" Programme (hereinafter "the Programme") established under resolution 986 (1995) (and the subsequent war) has resulted in disruptions in the supply of humanitarian goods to the people of Iraq (thus causing the need for urgent action of the Council in order to avoid a humanitarian catastrophe));

PP 5: Stressing the need for consideration of a further reassessment of the Programme beyond the humanitarian emergency phase at a later stage:

(PP 6: Reiterating in this context the inalienable right of the people of Iraq to benefit from their natural resources);

(PP 7: Reaffirming the commitment of all Member States to the sovereignty and territorial integrity of Iraq (or: Bearing in mind the principles laid down in the Charter of the United Nations));

PP 8: Acting under Chapter VII of the Charter of the United Nations;

OP 1: Requests all parties concerned to strictly abide by their obligations under International Humanitarian Law, in particular in ensuring the essential civilian needs of the Iraqi population, including internally displaced persons and refugees;

OP 2: Decides that in view of the exceptional circumstances prevailing currently in Iraq, on an interim and exceptional basis, the Secretary General shall be authorized, from the date of adoption of this resolution for a period of 45 days and subject to further renewal by the Council, to exercise specific functions with regard to the Programme as provided for in this resolution;

OP 3: Authorizes the Secretary-General and representatives designated by him to undertake, (in coordination with relevant authorities (or: in coordination with Iraqi authorities to the extent possible (or: all necessary measures))) irrespective of procedures laid down, the functions set forth in the above mentioned resolutions, related agreements and administrative instruments, except the functions of the Committee established pursuant to resolution 661 (1990);

OP 4: Authorizes the Secretary-General, in particular, to establish alternative locations for delivery and authenticated confirmation of humanitarian supplies and storage centers both inside and outside Iraq as well as to re-direct shipments of goods and to utilize existing in-country stocks;

(OP 5: Requests the Secretary-General to review, as a matter of urgency, the contracts concluded by the Government of Iraq to determine the relative priorities of the need for adequate medicine, health supplies, foodstuffs and materials and supplies for essential civilian needs represented in these contracts which are deliverable in the period of this mandate and to proceed with such contracts in accordance with such priorities as financial resources become available);

OP 6: Authorizes the Secretary-General (to negotiate and execute contracts, funded from the UN Escrow Account, or) to make needed adjustments in the terms or conditions of such contracts and their respective letters of credit, notwithstanding distribution plans approved under the Programme, including those designated by the Committee established by resolution 661 (1990) as being of immediate importance to the people of Iraq;

OP 7: Authorizes the Secretary-General 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;

OP 8: Requests the Secretary-General to make every effort to sustain the operation of the present network of distribution of national food basket and essential public services in coordination with the existing Iraqi entities;

OP 9: Authorizes the Secretary-General to use funds deposited in the accounts created pursuant to paragraph 8 (a) of resolution 986 (1995) and paragraph 8 (b) of resolution 986 (1995), as necessary and appropriate, to compensate suppliers and shippers for any additional costs incurred in diverting (and delaying) shipments as directed by him according to the provisions of OP 4;

(OP 10: Requests the Secretary-General to include commercial protection clauses in contracts under the account created pursuant to paragraph 8 (a) of resolution 986 (1995) which may be signed by the United Nations and its agencies and programmes, similar to those currently concluded under the account created pursuant to paragraph 8 (d) of resolution 986 (1995) and the account created pursuant to 8 (b) of resolution 986 (1995));

OP 11: Authorizes the Secretary-General for the purpose of meeting the immediate humanitarian needs of the Iraqi population to re-deploy resources in Iraq obtained under the Programme, notwithstanding the Distribution Plans for the relevant Phases of the Programme, and to use available unencumbered funds in the United Nations Iraq Account on an exceptional and reimbursable basis as necessary, regardless of the Phase or sector for which such funds have been designated and notwithstanding the subdivisions envisaged in subparagraphs 8 (a), (b) and (d) of resolution 986 (1995);
(or: Authorizes the Secretary-General to transfer 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 account referred to in paragraph 8 (a) of resolution 986 (1995) to meet the humanitarian needs of the people of Iraq as provided for in this resolution, irrespective of the phase in which such funds entered the escrow account or the phase to which these funds may have been allocated);

OP 12: Authorizes the Secretary-General to use financial resources made available under the present resolution to meet the needs of refugees displaced from Iraq to neighboring countries as well as internally displaced persons after 19 March 2003, notwithstanding the activities of other UN agencies;

OP 13: Authorizes the Secretary-General 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 Iraqi people;

(OP 14: Decides that any additional technical and administrative costs resulting from the implementation of the temporarily modified Programme shall be met 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));

(OP 15: Decides, (notwithstanding the existing provisions of resolutions 1284 and 687), that the prohibitions against the sale or supply to Iraq of commodities or products other than medicine and health supplies, and prohibitions against financial transactions related thereto contained in resolution 661 (1990) and subsequent relevant resolutions, in particular resolution 687 (1991), shall (for the period of this resolution only) not apply to commodities or products, except for commodities or products referred to in paragraph 24 of resolution 687 (1991) as it relates to military commodities and products, sold or supplied to the United Nations and its specialized agencies, and other humanitarian organizations and nongovernmental organizations (NGO's) designated by the Committee established by resolution 661 (1990). The sale or supply of commodities or products, as set out above, shall be subject to the notification procedure which currently apply to medicines and health supplies and foodstuffs);

OP 16: Expresses its intention to monitor closely the implementation of the measures in this resolution and to ensure the provision of essential humanitarian supplies to the people of Iraq;

OP 17: Requests the Secretary-General to consider the return of the United Nations Humanitarian Coordinator for Iraq and other international staff to Iraq as soon as possible;

OP 18: Calls on the international community to provide immediate humanitarian assistance to the Iraqi people both inside and outside Iraq (, urges international suppliers to proceed with the production and delivery of approved supplies as directed by the Secretary General, and requests all States to facilitate the expeditious issuance of export licenses and transit permits through their respective territories);

OP 19: Calls on all States concerned to support full and unimpeded access by humanitarian organizations to all people in need and to ensure the safety, security and freedom of movement of United Nations and associated personnel as well as personnel of humanitarian organizations in Iraq;

OP 20: Requests the Secretary-General as a matter of urgency to take all measures required to ensure the implementation of the present resolution and to report to the Security Council prior to the termination of the period defined in OP 2;

OP 21: Decides to remain seized of the matter.


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