US-UK-Spain Revised Draft Resolution on Post-War Iraq

May 15, 2003

The Security Council,

Recalling all previous relevant resolutions of the Council,

Reaffirming the sovereignty and territorial integrity of Iraq,

Reaffirming the importance of the disarmament of Iraqi weapons of mass destruction,

Stressing the right of the Iraqi people freely to determine their own political future and control their own natural resources, welcoming the commitment of concerned parties to support the creation of an environment in which they may do so as soon as possible, and expressing resolve that the day when Iraqis govern themselves must come quickly,

Encouraging efforts by the people of Iraq to form a representative government based on the rule of law that affords equal rights and justice to all Iraqi citizens without regard to ethnicity, religion, or gender,

Welcoming the first steps of the Iraqi people in this regard, including the 15 April 2003 Nasiriyah statement and the 28 April 2003 Baghdad statement,

Resolved that the United Nations should play a vital rote in providing humanitarian relief, in supporting the reconstruction of Iraq, and in helping to restore and establish national and local institutions for representative governance,

Noting the statement by the Group of Seven Industrialized Nations in which the members recognized the need for a multilateral effort to help rebuild and develop Iraq and for the need for assistance from the international Monetary Fund and the World Bank in these efforts,

Welcoming the resumption of humanitarian assistance and the continuing efforts of the Secretary-General and the specialized agencies to provide food and medicine to the people of Iraq,

Welcoming the appointment by the Secretary-General of his Special Advisor on Iraq,

Affirming the need for accountability for crimes and atrocities committed by the previous Iraqi regime,

Stressing the need for respect for the archaeological, historical, cultural, and religious heritage of Iraq, and for the continued protection of archaeological, historical, cultural, and religious sites, museums, libraries, and monuments,

Noting the letter of 8 May 2003 from the Permanent Representatives of the United States of America and the United Kingdom to the President of the Security Council (S/2003/538) and recognizing the specific authorities, responsibilities, and obligations under applicable international law of these states as occupying powers and the responsibilities of others working now or in the future with them under unified command (the "Authority"),

Welcoming the willingness of Member States to contribute to stability and security in Iraq by contributing personnel, equipment, and other resources under the Authority,

Concerned that many Kuwaitis and Third-State Nationals still are not accounted for since 2 August 1990,

Determining that the situation in Iraq, although improved, continues to constitute a threat to international peace and security,

Acting under Chapter VII of the Charter of the United Nations,

1. Appeals to Member States and concerned organizations to assist the people of Iraq in their efforts to reform their institutions and rebuild their country;

2. Calls upon all Member States, in a position to do so, to respond immediately to the humanitarian appeals of the United Nations and other international organizations for Iraq and to help meet the humanitarian and other needs of the Iraqi people by providing food, medical supplies, and resources necessary for reconstruction and rehabilitation of Iraq economic infrastructure;

3. Appeals to Member States to deny save haven to those members of the previous Iraqi who are alleged to be responsible for crimes and atrocities and to support actions to bring them to justice;

4. Calls upon the Authority and relevant organizations and individuals to continue efforts to locate, identify, and repatriate all Kuwaiti and Third Country Nationals or the remains of those present in Iraq on or after 2 August 1990, as well as the Kuwaiti archives, that the previous Iraqi regime failed to undertake; and in this regard, directs the High Level Coordinator, in consultation with the International Committee of the Red Cross and the Tripartite Commission and with the appropriate support of the people of Iraq and in coordination with the Authority, to take steps to fulfill his mandate with respect to the fate of Kuwaiti and Third-Country national missing persons and property;

5. Decides that all Member States shall take appropriate steps to facilitate the safe return to Iraqi institutions of Iraqi cultural property and other items of archeological, historical., cultural, rare scientific, and religious importance illegally removed front the Iraq National Museum, the National Library, and other locations in Iraq since the adoption of resolution 661 (1990) of 2 August 1990, including by establishing a prohibition on trade in or transfer of such items and items with respect to which reasonable suspicion exists that they have been illegally removed, and calls upon the United Nations Educational, Scientific, and Cultural Organization, INTERPOL, and other international organizations, as I4UJ appropriate, to assist in the implementation of this paragraph;

6. Calls upon the Authority to promote the welfare of the Iraqi people through the effective administration of the territory, including in particular working towards the restoration of conditions of security and stability and the creation of conditions in which the Iraqi people may freely determine their own political future;

7. Calls upon all concerned to comply fully with their obligations under international law including in particular the Geneva Conventions of 1949 and the Hague Regulations of 1907;

8. Requests the Secretary-General to appoint a Special Coordinator for Iraq whose responsibilities will involve reporting regularly to the Council on his activities under this resolution, coordinating activities of the United Nations in post-conflict processes in Iraq, coordinating among UN and international agencies engaged in humanitarian assistance and reconstruction activities in Iraq, coordinating with the Authority; and assisting the people of Iraq through:

(a) coordinating humanitarian and reconstruction assistance by UN agencies and between UN agencies and non-governmental organizations;

(b) promoting the safe, orderly, and voluntary return of refugees and displaced persons;

(c) working intensively with the Authority and the people of Iraq to advance their efforts to restore and establish national and local institutions for representative governance;

(d) facilitating the reconstruction of key infrastructure, in cooperation with other international organizations;

(e) promoting economic reconstruction and the conditions for sustainable development, including through coordination with national and regional organizations, as appropriate, civil society, donors and the international financial institutions;

(f) encouraging international efforts to contribute to basic civilian administration functions;

(g) promoting human rights;

(h) encouraging international efforts to rebuild the capacity of the Iraqi civilian police force;

(i) encouraging international efforts to promote legal and judicial reform; and

(j) participating in the international advisory board noted in paragraphs 11 and 17 below;

9. Supports the formation, by the people of Iraq with the help of the Authority and working with the Special Coordinator, of an Iraqi interim authority as a transitional administration run by Iraqis until an internationally recognized representative government is established by the people of Iraq;

10. Decides that, with the exception of prohibitions related to the sale or supply to Iraq of arms and related materiel other than those arms and related materiel required by the Authority to serve the purposes of this and other related resolutions) all prohibitions related to trade with Iraq and the provision of financial or economic resources to Iraq established by resolution 661 (1990) and subsequent relevant resolutions, including resolution 778 (1992) of 2 October 1992, shall no longer apply;

11. Notes the establishment of a Development Fund for Iraq to be held by the Central Bank of Iraq and to be audited by independent public accountants approved by the international advisory board of the Development Fund for Iraq and looks forward to the early meeting of such international advisory board, wit whose members shall include duly qualified representatives of the Special Coordinator, of the Managing Director of the International Monetary Fund, of the Director-General of the Arab Fund for Social and Economic Development, and of the President of the World Bank;

12. Notes further that the funds in the Development Fund for Iraq shall be disbursed at the direction of the Authority, in consultation with the Iraqi interim authority, for the purposes set out in paragraph 13 below;

13. Underlines that the Development Fund for Iraq shall be used to meet the humanitarian needs of the Iraqi people, for the economic reconstruction and repair of Iraq infrastructure, for the continued disarmament of Iraq, and for the costs of indigenous civilian administration, and for other purposes benefiting the people of Iraq;

14. Welcomes the readiness of international financial institutions to assist the people of Iraq in the reconstruction and development of their economy and to facilitate assistance by the broader donor community, including multilateral consideration of issues relating to Iraq's sovereign debt through appropriate international mechanisms such as the Paris Club;

15. Requests the Secretary-General, in consultation with the Authority, to continue the exercise of his responsibilities under Security Council resolution 1472 (2003) of 28 March 2003 and 1476 (2003) of 24 April 2003, for a period of four months following the adoption of this resolution, as necessary to ensure the delivery of priority civilian goods under contracts approved by the Committee established by resolution 661(1990) pursuant to paragraphs 8(a) and (b) of resolution 986 (1995) of 14 April 1995, to the extent not modified or terminated, or as necessary to fulfill other commitments made pursuant to those resolutions;

16. Decides that all funds remaining in the escrow account established pursuant to resolution 926 (1995) that have not been allocated as of the date of the adoption of this resolution to finance the export of goods to Iraq under paragraph 8(a) of (b) of that resolution, and that have not been committed by the Secretary-General pursuant to his authorities under Security Council resolution 1472 (2003), shall be transferred promptly to the Development Fund for h in order to provide for the urgent needs of the Iraqi people;

17. Decides that all export sales of petroleum, petroleum products, and natural gas from Iraq following the date of the adoption of this resolution shall be made consistent with prevailing international market practices, to be audited by independent public accountants reporting to the international advisory board referred to in paragraph 11 above, and decides further that, except as provided in paragraph 18 below, all proceeds from such sales shall be deposited into the Development Fund for Iraq., until such time as an internationally recognized representative government of Iraq is properly constituted;

18. Decides further that 5 percent of the proceeds referred to in paragraph 17 above shall be deposited into the Compensation Fund established in accordance with resolution 687 (1991) of 3 April 1991 and subsequent relevant resolutions and that this requirement shall be binding on a properly constituted, internationally recognized, representative government of Iraq and any successor thereto;

19. Further decides that, until an internationally recognized representative government of Iraq is properly constituted and the debt-restructuring processed referred in paragraph 14 above is completed, all fund of the Development Fund for Iraq, petroleum, petroleum products and natural gas originated in Iraq, and proceeds of sales thereof including indebtedness incurred in connection with such sales, shall be immune from judicial, administrative, arbitration or any other proceedings (including any prejudgment or post-judgment attachment, garnishment, or execution or other action to satisfy a judgement) arising in relation, to claims, of whatever kind and whenever accrued, against Iraq or any instrumentality or agents thereof (or the Authority, or its participating states or their instrumentalities or agents), and that all Member States shall take any steps under their respective domestic legal systems necessary to give f effect to this paragraph;

20. Decides that all Member States in which there are:

(1) funds or other financial assets or economic resources of the previous Government of Iraq or its state bodies, corporations, or agencies, located outside Ira as of the date of this resolution, or

(2) funds or other financial assets or economic resources that have been removed from Iraq, or acquired, by Sad dam Hussein or other senior officials of the former Iraqi regime and their immediate family members, including entities owned or controlled, directly or indirectly, by them or by persons acting on their behalf or it their direction,

shall freeze without delay and immediately cause the transfer of those fluids or other financial assets or economic resources to the Development Fund for Iraq; and decides further that all such funds or other financial assets or economic resources shall enjoy the same immunities and protections as provided under paragraph 19;

21. Endorses the exercise of the responsibilities stated in this resolution by the Authority for an initial period of 12 months from the date of the adoption of this resolution, to continue thereafter as necessary unless the Security Council decides otherwise;

22. Requests the Secretary General to report to the Council at regular intervals on the work of the Special Coordinator with respect to the implementation of this resolution;

23. Calls upon Member States and international and regional organizations to contribute to the implementation of this resolution;

24. Decides to remain seized of this matter.

See the Original US-UK-Spain Draft
More Documents on Iraq

More Information on Sanctions against Iraq
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