22 May 2003

03-36853 (E)

The Security Council,

Recalling all its previous relevant resolutions,

Reaffirming the sovereignty and territorial integrity of Iraq,

Reaffirming also the importance of the disarmament of Iraqi weapons of mass

destruction and of eventual confirmation of the disarmament of Iraq,

Stressing the right of the Iraqi people freely to determine their own political

parties concerned to support the creation of an environment in which they may do so

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

resolution 1325 (2000) of 31 October 2000,

connection the 15 April 2003 Nasiriyah statement and the 28 April 2003 Baghdad

statement,

Resolved that the United Nations should play a vital role in humanitarian

relief, the reconstruction of Iraq, and the restoration and establishment of national

and local institutions for representative governance,

Noting the statement of 12 April 2003 by the Ministers of Finance and Central

Bank Governors of 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 also 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,

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 of Great Britain and Northern

Ireland 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 under unified command (the “Authority”),

Noting further that other States that are not occupying powers are working now

or in the future may work under the Authority,

Welcoming further 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,

people of Iraq in their efforts to reform their institutions and rebuild their country,

and to contribute to conditions of stability and security in Iraq in accordance with

this resolution;

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’s economic infrastructure;

previous Iraqi regime who are alleged to be responsible for crimes and atrocities and

to support actions to bring them to justice;

Nations and other relevant international law, 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 can freely determine their own

political future;

international law including in particular the Geneva Conventions of 1949 and the

Hague Regulations of 1907;

continue efforts to locate, identify, and repatriate all Kuwaiti and Third-State

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

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 fulfil his mandate with respect to the fate of Kuwaiti and Third-State

National missing persons and property;

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 (1990) of 6 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 appropriate, to assist in the

implementation of this paragraph;

Iraq whose independent responsibilities shall 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 United Nations and

international agencies engaged in humanitarian assistance and reconstruction

activities in Iraq, and, in coordination with the Authority, assisting the people of

Iraq through:

(a) coordinating humanitarian and reconstruction assistance by United

Nations agencies and between United Nations agencies and non-governmental

organizations;

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

displaced persons;

(c) working intensively with the Authority, the people of Iraq, and others

concerned to advance efforts to restore and establish national and local institutions

for representative governance, including by working together to facilitate a process

leading to an internationally recognized, representative government of Iraq;

(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 the protection of human rights;

(h) encouraging international efforts to rebuild the capacity of the Iraqi

civilian police force; and

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

Authority and working with the Special Representative, of an Iraqi interim

administration as a transitional administration run by Iraqis, until an internationally

recognized, representative government is established by the people of Iraq and

assumes the responsibilities of the Authority;

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;

the United Kingdom of Great Britain and Northern Ireland and the United States of

America to keep the Council informed of their activities in this regard, and

underlines the intention of the Council to revisit the mandates of the United Nations

Monitoring, Verification, and Inspection Commission and the International Atomic

Energy Agency as set forth in resolutions 687 (1991) of 3 April 1991, 1284 (1999)

of 17 December 1999, and 1441 (2002) of 8 November 2002;

Central Bank of Iraq and to be audited by independent public accountants approved

by the International Advisory and Monitoring Board of the Development Fund for

Iraq and looks forward to the early meeting of that International Advisory and

Monitoring Board, whose members shall include duly qualified representatives of

the Secretary-General, 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;

disbursed at the direction of the Authority, in consultation with the Iraqi interim

administration, for the purposes set out in paragraph 14 below;

transparent manner 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 Iraqi civilian administration, and for other

purposes benefiting the people of Iraq;

Iraq in the reconstruction and development of their economy and to facilitate

including those of the Paris Club, to seek a solution to Iraq’s sovereign debt

problems;

Authority, 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 six months following the adoption of this resolution, and terminate within

this time period, in the most cost effective manner, the ongoing operations of the

“Oil-for-Food” Programme (the “Programme”), both at headquarters level and in the

field, transferring responsibility for the administration of any remaining activity

under the Programme to the Authority, including by taking the following necessary

measures:

(a) to facilitate as soon as possible the shipment and authenticated delivery

of priority civilian goods as identified by the Secretary-General and representatives

designated by him, in coordination with the Authority and the Iraqi interim

administration, under approved and funded contracts previously concluded by the

previous Government of Iraq, for the humanitarian relief of the people of Iraq,

including, as necessary, negotiating adjustments in the terms or conditions of these

contracts and respective letters of credit as set forth in paragraph 4 (d) of resolution

1472 (2003);

(b) to review, in light of changed circumstances, in coordination with the

Authority and the Iraqi interim administration, the relative utility of each approved

and funded contract with a view to determining whether such contracts contain

items required to meet the needs of the people of Iraq both now and during

reconstruction, and to postpone action on those contracts determined to be of

questionable utility and the respective letters of credit until an internationally

recognized, representative government of Iraq is in a position to make its own

determination as to whether such contracts shall be fulfilled;

(c) to provide the Security Council within 21 days following the adoption of

this resolution, for the Security Council’s review and consideration, an estimated

operating budget based on funds already set aside in the account established

pursuant to paragraph 8 (d) of resolution 986 (1995) of 14 April 1995, identifying:

(i) all known and projected costs to the United Nations required to ensure

the continued functioning of the activities associated with implementation of

the present resolution, including operating and administrative expenses

associated with the relevant United Nations agencies and programmes

responsible for the implementation of the Programme both at Headquarters and

in the field;

(ii) all known and projected costs associated with termination of the

Programme;

(iii) all known and projected costs associated with restoring Government of

Iraq funds that were provided by Member States to the Secretary-General as

requested in paragraph 1 of resolution 778 (1992); and

(iv) all known and projected costs associated with the Special Representative

and the qualified representative of the Secretary-General identified to serve on

the International Advisory and Monitoring Board, for the six month time

period defined above, following which these costs shall be borne by the United

Nations;

(d) to consolidate into a single fund the accounts established pursuant to

paragraphs 8 (a) and 8 (b) of resolution 986 (1995);

(e) to fulfil all remaining obligations related to the termination of the

Programme, including negotiating, in the most cost effective manner, any necessary

settlement payments, which shall be made from the escrow accounts established

pursuant to paragraphs 8 (a) and 8 (b) of resolution 986 (1995), with those parties

that previously have entered into contractual obligations with the Secretary-General

under the Programme, and to determine, in coordination with the Authority and the

Iraqi interim administration, the future status of contracts undertaken by the United

Nations and related United Nations agencies under the accounts established pursuant

to paragraphs 8 (b) and 8 (d) of resolution 986 (1995);

(f) to provide the Security Council, 30 days prior to the termination of the

Programme, with a comprehensive strategy developed in close coordination with the

Authority and the Iraqi interim administration that would lead to the delivery of all

relevant documentation and the transfer of all operational responsibility of the

Programme to the Authority;

the Development Fund for Iraq 1 billion United States dollars from unencumbered

funds in the accounts established pursuant to paragraphs 8 (a) and 8 (b) of resolution

986 (1995), restore Government of Iraq funds that were provided by Member States

to the Secretary-General as requested in paragraph 1 of resolution 778 (1992), and

decides that, after deducting all relevant United Nations expenses associated with

the shipment of authorized contracts and costs to the Programme outlined in

paragraph 16 (c) above, including residual obligations, all surplus funds in the

escrow accounts established pursuant to paragraphs 8 (a), 8 (b), 8 (d), and 8 (f) of

resolution 986 (1995) shall be transferred at the earliest possible time to the

Development Fund for Iraq;

functions related to the observation and monitoring activities undertaken by the

Secretary-General under the Programme, including the monitoring of the export of

petroleum and petroleum products from Iraq;

of resolution 661 (1990) at the conclusion of the six month period called for in

and entities referred to in paragraph 23 below;

natural gas from Iraq following the date of the adoption of this resolution shall be

made consistent with prevailing international market best practices, to be audited by

independent public accountants reporting to the International Advisory and

Monitoring Board referred to in paragraph 12 above in order to ensure transparency,

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;

20 above shall be deposited into the Compensation Fund established in accordance

with resolution 687 (1991) and subsequent relevant resolutions and that, unless an

internationally recognized, representative government of Iraq and the Governing

Council of the United Nations Compensation Commission, in the exercise of its

authority over methods of ensuring that payments are made into the Compensation

Fund, decide otherwise, this requirement shall be binding on a properly constituted,

internationally recognized, representative government of Iraq and any successor

thereto;

recognized, representative government of Iraq and the desirability of prompt

completion of the restructuring of Iraq’s debt as referred to in paragraph 15 above,

petroleum, petroleum products, and natural gas originating in Iraq shall be immune,

until title passes to the initial purchaser from legal proceedings against them and not

be subject to any form of attachment, garnishment, or execution, and that all States

shall take any steps that may be necessary under their respective domestic legal

systems to assure this protection, and that proceeds and obligations arising from

sales thereof, as well as the Development Fund for Iraq, shall enjoy privileges and

immunities equivalent to those enjoyed by the United Nations except that the abovementioned

privileges and immunities will not apply with respect to any legal

proceeding in which recourse to such proceeds or obligations is necessary to satisfy

liability for damages assessed in connection with an ecological accident, including

an oil spill, that occurs after the date of adoption of this resolution;

(a) funds or other financial assets or economic resources of the previous

Government of Iraq or its state bodies, corporations, or agencies, located outside

Iraq as of the date of this resolution, or

(b) 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 those funds or other financial assets or economic

resources and, unless these funds or other financial assets or economic resources are

themselves the subject of a prior judicial, administrative, or arbitral lien or

judgement, immediately shall cause their transfer to the Development Fund for Iraq,

it being understood that, unless otherwise addressed, claims made by private

individuals or non-government entities on those transferred funds or other financial

assets may be presented to the internationally recognized, representative government

resources shall enjoy the same privileges, immunities, and protections as provided

under paragraph 22;

intervals on the work of the Special Representative with respect to the

implementation of this resolution and on the work of the International Advisory and

Northern Ireland and the United States of America to inform the Council at regular

intervals of their efforts under this resolution;

months of adoption and to consider further steps that might be necessary;

contribute to the implementation of this resolution;