Sanctions
The United Nations imposed sanctions upon Iraq in Resolution 661 passed on August 6th, 1990. The resolution stated:
Adopted by the Security Council at its 2933rd meeting on 6 August 1990 The Security Council, Reaffirming its resolution 660 (1990) of 2 August 1990, Deeply concerned that that resolution has not been implemented and that the invasion by Iraq of Kuwait continues with further loss of human life and material destruction, Determined to bring the invasion and occupation of Kuwait by Iraq to an end and to restore the sovereignty, independence and territorial integrity of Kuwait,Noting that the legitimate Government of Kuwait has expressed its readiness to comply with resolution 660 (1990), Mindful of its responsibilities under the Charter of the United Nations for the maintenance of international peace and security, Affirming the inherent right of individual or collective self-defence, in response to the armed attack by Iraq against Kuwait, in accordance with Article 51 of the Charter,
Acting under Chapter VII of the Charter of the United Nations,
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1. Determines that Iraq so far has failed to comply with paragraph 2 of resolution 660(1990) and has usurped the authority of the legitimate Government of Kuwait;
2. Decides, as a consequence, to take the following measures to secure compliance of Iraq with paragraph 2 of resolution 660(1990) and to restore the authority of the legitimate Government of Kuwait;
3. Decides that all States shall prevent:
- (a) The import into their territories of all commodities and products originating in Iraq or Kuwait exported therefrom after the date of the present resolution;
(b) Any activities by their nationals or in their territories which would promote or are calculated to promote the export or trans-shipment of any commodities or products from Iraq or Kuwait; and any dealings by their nationals or their flag vessels or in their territories in any commodities or products originating in Iraq or Kuwait and exported therefrom after the date of the present resolution, including in particular any transfer of funds to Iraq or Kuwait for the purposes of such activities or dealings;
(c) The sale or supply by their nationals or from their territories or using their flag vessels of any commodities or products, including weapons or any other military equipment, whether or not originating in their territories but not including supplies intended strictly for medical purposes, and, in humanitarian circumstances, foodstuffs, to any person or body in Iraq or Kuwait or to any person or body for the purposes of any business carried on in or operated from Iraq or Kuwait, and any activities by their nationals or in their territories which promote or are calculated to promote such sale or supply of such commodities or products;
4. Decides that all States shall not make available to the Government of Iraq or to any commercial, industrial or public utility undertaking in Iraq or Kuwait, any funds or any other financial or economic resources and shall prevent their nationals and any persons within their territories from removing from their territories or otherwise making available to that Government or to any such undertaking any such funds or resources and from remitting any other funds to persons or bodies within Iraq or Kuwait, except payments exclusively for strictly medical or humanitarian purposes and, in humanitarian circumstances, foodstuffs;
5. Calls upon all States, including States non-members of the United Nations, to act strictly in accordance with the provisions of the present resolution notwithstanding any contract entered into or licence granted before the date of the present resolution;
6. Decides to establish, in accordance with rule 28 of the provisional rules of procedure of the Security Council, a Committee of the Security Council consisting of all the members of the Council, to undertake the following tasks and to report on its work to the Council with its observations and recommendations:
- (a) To examine the reports on the progress of the implementation of the present resolution which will be submitted by the Secretary-General;
(b) To seek from all States further information regarding the action taken by them concerning the effective implementation of the provisions laid down in the present resolution;
7. Calls upon all States to co-operate fully with the Committee in the fulfilment of its task, including supplying such information as may be sought by the Committee in pursuance of the present resolution;
8. Requests the Secretary-General to provide all necessary assistance to the Committee and to make the necessary arrangements in the Secretariat for the purpose
9. Decides that, notwithstanding paragraphs 4 through 8 above, nothing in the present resolution shall prohibit assistance to the legitimate Government of Kuwait, and calls upon all States:
- (a) To take appropriate measures to protect assets of the legitimate Government of Kuwait and its agencies;
(b) Not to recognize any regime set up by the occupying Power;
11. Decides to keep this item on its agenda and to continue its efforts to put an early end to the invasion by Iraq.
Oil for Food
On 14 April 1995, acting under Chapter VII of the United Nations Charter, the Security Council adopted resolution 986, establishing the "oil-for-food" programme, providing Iraq with another opportunity to sell oil to finance the purchase of humanitarian goods, and various mandated United Nations activities concerning Iraq. The programme, as established by the Security Council, is intended to be a "temporary measure to provide for the humanitarian needs of the Iraqi people, until the fulfillment by Iraq of the relevant Security Council resolutions, including notably resolution 687 (1991) of 3 April 1991".
Agreement: Although established in April 1995, the implementation of the programme started only in December 1996, after the signing of the Memorandum of Understanding (MOU) between the United Nations and the Government of Iraq on 20 May 1996 (S/1996/356). The first Iraqi oil under the Oil-for-Food Programme was exported in December 1996 and the first shipments of food arrived in March 1997.
Funding: The programme is funded exclusively with proceeds from Iraqi oil exports, authorised by the Security Council. In the initial stages of the programme, Iraq was permitted to sell $2 billion worth of oil every six months, with two-thirds of that amount to be used to meet Iraq's humanitarian needs. In 1998, the limit on the level of Iraqi oil exports under the programme was raised to $5.26 billion every six months, again with two-thirds of the oil proceeds earmarked to meet the humanitarian needs of the Iraqi people. In December 1999, the ceiling on Iraqi oil exports under the programme was removed by the Security Council. Currently, 72% of Iraqi oil export proceeds fund the humanitarian programme, of which 59% is earmarked for the contracting of supplies and equipment by the Government of Iraq for the 15 central and southern governorates and 13% for the three northern governorates, where the United Nations implements the programme on behalf of the Government of Iraq. Included in the balance from the total oil revenues are: 25% for the Compensation Fund for war reparation payments; 2.2% for the United Nations administrative and operational costs for the programme; and 0.8% for the weapons inspection programme.
Management: The Office of the Iraq Programme is headed by the Executive Director who is responsible for the overall management and coordination of all United Nations humanitarian activities in Iraq under resolutions 661 (1990) and 986 (1995) and the procedures established by the Security Council and its Committee set up by resolution 661 (1990), as well as the Memorandum of Understanding between the United Nations and the Government of Iraq (May 1996).
Mandate: The Office of the Iraq Programme administers the programme as an operation separate and distinct from all other United Nations activities within the context of the sanctions regime, which fall within the purview of UNMOVIC, IAEA and the United Nations Compensation Commission.
Coordination: The Office of the Humanitarian Coordinator in Iraq (UNOHCI) is an integral part of the Office of the Iraq Programme (OIP). The Humanitarian Coordinator in Iraq reports directly to the Executive Director of OIP, and is responsible for the management and implementation of the programme in the field. Implementation: There are nine United Nations agencies and organizations involved in the programme. They are: FAO, UNESCO, WHO, ITU, UNICEF, UNDP, WFP, UNOPS, UN-Habitat.
As of 18 May 2003, some $28 billion worth of humanitarian supplies and equipment had been delivered to Iraq under the Oil-for-Food Programme, including $1.6 billion worth of oil industry spare parts and equipment. An additional $10 billion worth of supplies are currently in the production and delivery pipeline.
Prelude to War
On November 8th, 2002 the UN Security Council passed resolution 1441 which stated that Iraq remains in material breach of previous UN resolutions and called for the ressurection of UNMOVIC and IAEA inspection. The resolution stated that Iraq:
[disclose] not later than 30 days from the date of this resolution, a currently accurate, full, and complete declaration of all aspects of its programmes to develop chemical, biological, and nuclear weapons, ballistic missiles, and other delivery systems such as unmanned aerial vehicles and dispersal systems designed for use on aircraft, including any holdings and precise locations of such weapons, components, subcomponents, stocks of agents, and related material and equipment, the locations and work of its research, development and production facilities, as well as all other chemical, biological, and nuclear programmes, including any which it claims are for purposes not related to weapon production or material;
Additionally, the resolution stated that:
Decides that Iraq shall provide UNMOVIC and the IAEA immediate, unimpeded, unconditional, and unrestricted access to any and all, including underground, areas, facilities, buildings, equipment, records, and means of transport which they wish to inspect, as well as immediate, unimpeded, unrestricted, and private access to all officials and other persons whom UNMOVIC or the IAEA wish to interview in the mode or location of UNMOVIC's or the IAEA's choice pursuant to any aspect of their mandates; further decides that UNMOVIC and the IAEA may at their discretion conduct interviews inside or outside of Iraq, may facilitate the travel of those interviewed and family members outside of Iraq, and that, at the sole discretion of UNMOVIC and the IAEA, such interviews may occur without the presence of observers from the Iraqi Government; and instructs UNMOVIC and requests the IAEA to resume inspections no later than 45 days following adoption of this resolution and to update the Council 60 days thereafter;
The resolution set the stage for the war against Iraq.
The End of Sanctions
On May 22, 2003 the United Nations Security Council passed resolution 1483 which ended the decade long sanctions on Iraq.
In summary, UNSCR 1483:
Lifts the sanctions burden on the Iraqi people.
Encourages the international community to assist in helping the Iraqi people build a better future for their country.
Establishes the position of a UN Special Representative who will play a vital role in all aspects of Iraq's reconstruction.
Winds down the Oil-for-Food program (OFF) over a six-month period, while providing for the continued delivery of priority civilian goods approved and funded under OFF to meet the immediate needs of the Iraqi people.
Supports Iraqis in charting their own political and economic future.
Reaffirms the Coalition's commitment to work with the UN and an Iraqi Interim Administration to transition authority to an internationally recognized, representative government of Iraq as efficiently and effectively as possible.
UNSCR 1483 fulfills the promise of a vital UN role and involves the international community in Iraq's recovery:
Stresses the right of the Iraqi people to freely determine their own political future and control their own natural resources. The resolution establishes a framework under Chapter VII of the UN Charter for the Coalition, the UN and others in the international community to participate in the administration and reconstruction of Iraq and to assist the Iraqi people in determining their political future, establishing new institutions, and restoring economic prosperity. The resolution will return Iraq's oil revenues to Iraq for the benefit of the Iraqi people.
Ensures the UN plays a vital role in Iraq's reconstruction.The resolution establishes the position of a UN Special Representative of the Secretary General who will coordinate humanitarian and reconstruction assistance; assist in the development of representative government institutions; facilitate the reconstruction of key infrastructure; and promote economic, legal and judicial reform, and protection of human rights. The Special Representative will work with the Coalition and the people of Iraq to facilitate a process leading to an internationally recognized, representative government of Iraq.
Encourages international support for Iraq's recovery. The resolution makes it possible for states and organizations to support the Iraqi people in building a free, prosperous and secure Iraq, including by responding to UN humanitarian appeals, providing resources for reconstruction, and contributing to stability and security in Iraq.
Enlists the support of international financial institutions.UNSCR 1483 calls upon 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, while calling on creditors to seek a multilateral and bilateral solution to Iraq's sovereign debt.
The international community has come together to support Iraq's recovery and economic reconstruction. UN Security Council Resolution 1483:
Ends 13 years of sanctions.Sanctions had been imposed to compel Saddam Hussein's compliance with WMD requirements and contain the threat of his regime. By lifting these outdated sanctions, leaving in place only the weapons ban, the resolution will kick start Iraq's recovery and economic transformation.
Enables Iraq to rejoin the global market.By abolishing trade restrictions, the resolution will permit Iraq to trade freely in the international market.
Returns oil revenues to Iraq.Oil revenues from export sales will be deposited in the Development Fund for Iraq housed in the Central Bank of Iraq. The Development Fund will be monitored by an international board that includes representatives of the UN Secretary General, the IMF, the Arab Fund for Social and Economic Development, and the World Bank. Independent public accountants reporting to the board will audit the fund to ensure full transactional transparency.
Ensures Iraqi revenues are spent on Iraqi reconstruction.The resolution underlines that the Development Fund will be used in a transparent manner: for the humanitarian needs of the Iraqi people, economic reconstruction and repair of Iraq's infrastructure, the continued disarmament of Iraq, the costs of Iraqi civilian administration, and other purposes benefiting the people of Iraq.
Temporarily immunizes oil sales.To ensure that Iraqis have access to the critical resources needed for reconstruction during the transition period, oil sales will be immunized against attachment by international creditors or others with claims against the former regime until December 31, 2007.
Winds down the Oil-for-Food (OFF) program over a six-month period.The resolution allows the Secretary General, in coordination with coalition authorities and the Iraqi Interim Administration, to continue to prioritize contracts previously approved and funded by the UN for delivery to meet the immediate needs of the Iraqi people. Action on contracts judged to be of questionable usefulness in light of the changed circumstances will be postponed until an internationally recognized, representative government is established and in a position to make its own determination. One billion dollars of unallocated funds in the UN escrow account will be transferred to the Development Fund for Iraq to provide for immediate reconstruction needs.
Winding down OFF will not mean an immediate end to food distribution.This resolution is an important first step in Iraq's transition to a market economy. During the transition, food distribution will continue through a public distribution system.
Returns assets stolen by Saddam and his regime to Iraq.Stolen assets will be deposited into the Development Fund to support Iraq's reconstruction.
Resolution 1483 also:
Promotes disarmament of Iraq. UNSCR 1483 reaffirms the need to disarm Iraq of its weapons of mass destruction.
Bars Iraqis alleged to have committed crimes and atrocities from receiving safe haven in other countries.UNSCR 1483 affirms the need for accountability for crimes and atrocities committed by members of Saddam's regime.
Protects Iraq's heritage. UNSCR 1483 establishes a ban on international trade in Iraqi cultural property and other archaeological, historical, cultural, religious and rare scientific items illegally removed from the Iraq National Museum, National Library and other locations.
Supports continued efforts to account for Kuwaitis and others missing since Iraq's 1990 invasion of Kuwait.UNSCR 1483 directs the International Committee of the Red Cross and other appropriate organizations and individuals to continue efforts to account for the fate of Kuwaiti and Third Country missing persons and property unaccounted for since Saddam's 1990 invasion of Kuwait.
Provides for continued funding of the UN Compensation Commission, which deals with outstanding claims for victims of Saddam's aggression in Kuwait. Five percent of oil proceeds will be deposited into the UNCC Compensation Fund.
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