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[casi] Text of U.S.-supported U.N. resolution on Iraq



http://www.usatoday.com/news/world/iraq/2003-05-09-un-iraq-text_x.htm

Text of U.S.-supported U.N. resolution on Iraq

Text of a United States-supported resolution for the United Nations Security
Council, from a draft copy circulated among U.N. diplomats on Friday:

Reaffirming the commitment of all Member States to the sovereignty and
territorial integrity of Iraq;

Reaffirming the importance of disarmament of Iraqi weapons of mass
destruction and ballistic missiles in accordance with its previous relevant
resolutions;

Stressing the right of the Iraqi people to freely determine their own
political future, 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 take the first step toward
forming 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 April 15 2003, Nasiriyah statement and the April 28 2003,
Baghdad statement,

Resolved that the U.N. should play a vital role in providing humanitarian
relief, in supporting the reconstruction of Iraq, and in helping in the
formation of an Iraqi interim authority,

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 I.M.F.
(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 Adviser on
Iraq,

Reaffirming 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 letters of 8 May 2003, from the Permanent Representative of the
United States of America and the United Kingdom to the President of the
Security Council 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");

Concerned that many Kuwaitis and Third-State Nationals are still 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 interested organizations to assist the
people of Iraq in their efforts to reform their institutions and rebuild
their country and return to the international community as a member in good
standing;

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 needs
of the Iraqi people by providing food, medical supplies and resources
necessary for reconstruction and rehabilitation of Iraq's economic
infrastructure;

3. Calls upon all Member States to deny safe haven to those members of the
previous Iraqi regime responsible for crimes and atrocities;

4. Encourages efforts to locate, identify and repatriate all Kuwaitis and
third-State nationals or their remains present in Iraq on or after 2 August
1990, which the previous Iraqi regime failed to carry out;

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 archaeological, historical, cultural rare scientific, and religious
importance illegally removed from the Iraq National Museum, the National
library and other locations in Iraq since the adoption of resolution 661 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;

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 coordinating of the United Nations in
post-conflict processes in Iraq, coordinating among U.N. and international
agencies engaged in humanitarian assistance and reconstruction activities in
Iraq, coordinating with the Authority, and assisting the people of Iraq
through:

(a) support for and coordination of humanitarian and reconstruction
assistance by U.N. agencies and non-governmental organizations;

(b) support for the orderly and voluntary return of refugees and displaced
persons;

(c) working with the Authority and the people of Iraq with respect to the
restoration and establishment of 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) supporting international efforts to promote legal and judicial reform;

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 a permanent
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 material required by the Coalition 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 an Iraqi Assistance Fund, with an
international advisory board including duly qualified representatives of the
Secretary General, the International Monetary Fund. (Arab Fund for Social
and Economic Development) and the World Bank, to be held by the Central Bank
of Iraq, and to be audited by independent public accountants chosen by the
international advisory board;

12. Decides further that the funds in the Iraqi Assistance Fund 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 Iraqi Assistance Fund should be used to meet the
humanitarian needs of the Iraqi people, for the economic reconstruction and
repair of Iraq's 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. Decides that the Iraqi Assistance Fund shall enjoy the privileges and
immunities of the United Nations;

15. 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;

16. 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 661 (1990) Committee 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;

17. Decides that all funds remaining in the escrow account established
pursuant to resolution 986 (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) or (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 Iraqi Assistance Fund in order to provide for the urgent needs of the
Iraqi people;

18. 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 19 below, all proceeds from such sales shall
be deposited into the Iraqi Assistance Fund, until such time as a new Iraqi
government is properly constituted and capable of discharging its
responsibilities;

19. Decides further that 5% of the proceeds referred to in paragraph 18
above shall be deposited into the Compensation Fund established in
accordance with resolution 687 of 3 April 1991 and subsequent relevant
resolutions;

20. Further decides that petroleum, petroleum products and natural gas
originated in Iraq, and proceeds of sales thereof, shall be immune from
judicial, administrative, arbitration or any other proceedings (including
any prejudgment or postjudgment attachment, garnishment, or execution or
other action to satisfy a judgment) 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 full
effect to this paragraph;

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

(1) funds or other financial assets or economic resources of the Government
of Iraq or its state bodies, corporations, or agencies, located outside Iraq
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 Saddam 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 at their direction, shall freeze without delay and
immediately cause the transfer of those funds or other financial assets or
economic resources to the Iraqi Assistance Fund; and further decides that
all such funds or other financial assets or economic resources shall enjoy
the same immunities and protections as provided under paragraph 20;

22. 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;

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

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

25. Decides to remain seized of the matter.


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