Resolution 1441

Resolution 1441 (2002)

Adopted by the Security Council at its 4644th meeting, on

8 November 2002

The Security Council,

Recalling all its previous relevant resolutions, in particular its resolutions 661

(1990) of 6 August 1990, 678 (1990) of 29 November 1990, 686 (1991) of 2 March

1991, 687 (1991) of 3 April 1991, 688 (1991) of 5 April 1991, 707 (1991) of 15

August 1991, 715 (1991) of 11 October 1991, 986 (1995) of 14 April 1995, and

1284 (1999) of 17 December 1999, and all the relevant statements of its President,

Recalling also its resolution 1382 (2001) of 29 November 2001 and its

intention to implement it fully,

Recognizing the threat Iraq’s non-compliance with Council resolutions and

proliferation of weapons of mass destruction and long-range missiles poses to

international peace and security,

Recalling that its resolution 678 (1990) authorized Member States to use all

necessary means to uphold and implement its resolution 660 (1990) of 2 August

1990 and all relevant resolutions subsequent to resolution 660 (1990) and to restore

international peace and security in the area,

Further recalling that its resolution 687 (1991) imposed obligations on Iraq as

a necessary step for achievement of its stated objective of restoring international

peace and security in the area,

Deploring the fact that Iraq has not provided an accurate, full, final, and

complete disclosure, as required by resolution 687 (1991), of all aspects of its

programmes to develop weapons of mass destruction and ballistic missiles with a

range greater than one hundred and fifty kilometres, and of all holdings of such

weapons, their components and production facilities and locations, as well as all

other nuclear programmes, including any which it claims are for purposes not

related to nuclear-weapons-usable material,

Deploring further that Iraq repeatedly obstructed immediate, unconditional,

and unrestricted access to sites designated by the United Nations Special

Commission (UNSCOM) and the International Atomic Energy Agency (IAEA),

failed to cooperate fully and unconditionally with UNSCOM and IAEA weapons

inspectors, as required by resolution 687 (1991), and ultimately ceased all

cooperation with UNSCOM and the IAEA in 1998,

Deploring the absence, since December 1998, in Iraq of international

monitoring, inspection, and verification, as required by relevant resolutions, of

weapons of mass destruction and ballistic missiles, in spite of the Council’s repeated

demands that Iraq provide immediate, unconditional, and unrestricted access to the

United Nations Monitoring, Verification and Inspection Commission (UNMOVIC),

established in resolution 1284 (1999) as the successor organization to UNSCOM,

and the IAEA, and regretting the consequent prolonging of the crisis in the region

and the suffering of the Iraqi people,

Deploring also that the Government of Iraq has failed to comply with its

commitments pursuant to resolution 687 (1991) with regard to terrorism, pursuant to

resolution 688 (1991) to end repression of its civilian population and to provide

access by international humanitarian organizations to all those in need of assistance

in Iraq, and pursuant to resolutions 686 (1991), 687 (1991), and 1284 (1999) to

return or cooperate in accounting for Kuwaiti and third country nationals wrongfully

detained by Iraq, or to return Kuwaiti property wrongfully seized by Iraq,

Recalling that in its resolution 687 (1991) the Council declared that a ceasefire

would be based on acceptance by Iraq of the provisions of that resolution, including

the obligations on Iraq contained therein,

Determined to ensure full and immediate compliance by Iraq without

conditions or restrictions with its obligations under resolution 687 (1991) and other

relevant resolutions and recalling that the resolutions of the Council constitute the

governing standard of Iraqi compliance,

Recalling that the effective operation of UNMOVIC, as the successor

organization to the Special Commission, and the IAEA is essential for the

implementation of resolution 687 (1991) and other relevant resolutions,

Noting that the letter dated 16 September 2002 from the Minister for Foreign

Affairs of Iraq addressed to the Secretary-General is a necessary first step toward

rectifying Iraq’s continued failure to comply with relevant Council resolutions,

Noting further the letter dated 8 October 2002 from the Executive Chairman of

UNMOVIC and the Director-General of the IAEA to General Al-Saadi of the

Government of Iraq laying out the practical arrangements, as a follow-up to their

meeting in Vienna, that are prerequisites for the resumption of inspections in Iraq by

UNMOVIC and the IAEA, and expressing the gravest concern at the continued

failure by the Government of Iraq to provide confirmation of the arrangements as

laid out in that letter,

Reaffirming the commitment of all Member States to the sovereignty and

territorial integrity of Iraq, Kuwait, and the neighbouring States,

Commending the Secretary-General and members of the League of Arab States

and its Secretary-General for their efforts in this regard,

Determined to secure full compliance with its decisions,

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

1. Decides that Iraq has been and remains in material breach of its

obligations under relevant resolutions, including resolution 687 (1991), in particular

through Iraq’s failure to cooperate with United Nations inspectors and the IAEA,

and to complete the actions required under paragraphs 8 to 13 of resolution 687

(1991);

2. Decides, while acknowledging paragraph 1 above, to afford Iraq, by this

resolution, a final opportunity to comply with its disarmament obligations under

relevant resolutions of the Council; and accordingly decides to set up an enhanced

inspection regime with the aim of bringing to full and verified completion the

disarmament process established by resolution 687 (1991) and subsequent

resolutions of the Council;

3. Decides that, in order to begin to comply with its disarmament

obligations, in addition to submitting the required biannual declarations, the

Government of Iraq shall provide to UNMOVIC, the IAEA, and the Council, 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;

4. Decides that false statements or omissions in the declarations submitted

by Iraq pursuant to this resolution and failure by Iraq at any time to comply with,

and cooperate fully in the implementation of, this resolution shall constitute a

further material breach of Iraq’s obligations and will be reported to the Council for

assessment in accordance with paragraphs 11 and 12 below;

5. 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;

6. Endorses the 8 October 2002 letter from the Executive Chairman of

UNMOVIC and the Director-General of the IAEA to General Al-Saadi of the

Government of Iraq, which is annexed hereto, and decides that the contents of the

letter shall be binding upon Iraq;

7. Decides further that, in view of the prolonged interruption by Iraq of the

presence of UNMOVIC and the IAEA and in order for them to accomplish the tasks

set forth in this resolution and all previous relevant resolutions and notwithstanding

prior understandings, the Council hereby establishes the following revised or

additional authorities, which shall be binding upon Iraq, to facilitate their work in

Iraq:

– UNMOVIC and the IAEA shall determine the composition of their inspection

teams and ensure that these teams are composed of the most qualified and

experienced experts available;

– All UNMOVIC and IAEA personnel shall enjoy the privileges and immunities,

corresponding to those of experts on mission, provided in the Convention on

Privileges and Immunities of the United Nations and the Agreement on the

Privileges and Immunities of the IAEA;

– UNMOVIC and the IAEA shall have unrestricted rights of entry into and out

of Iraq, the right to free, unrestricted, and immediate movement to and from

inspection sites, and the right to inspect any sites and buildings, including

immediate, unimpeded, unconditional, and unrestricted access to Presidential

Sites equal to that at other sites, notwithstanding the provisions of resolution

1154 (1998) of 2 March 1998;

– UNMOVIC and the IAEA shall have the right to be provided by Iraq the

names of all personnel currently and formerly associated with Iraq’s chemical,

biological, nuclear, and ballistic missile programmes and the associated

research, development, and production facilities;

– Security of UNMOVIC and IAEA facilities shall be ensured by sufficient

United Nations security guards;

– UNMOVIC and the IAEA shall have the right to declare, for the purposes of

freezing a site to be inspected, exclusion zones, including surrounding areas

and transit corridors, in which Iraq will suspend ground and aerial movement

so that nothing is changed in or taken out of a site being inspected;

– UNMOVIC and the IAEA shall have the free and unrestricted use and landing

of fixed- and rotary-winged aircraft, including manned and unmanned

reconnaissance vehicles;

– UNMOVIC and the IAEA shall have the right at their sole discretion verifiably

to remove, destroy, or render harmless all prohibited weapons, subsystems,

components, records, materials, and other related items, and the right to

impound or close any facilities or equipment for the production thereof; and

– UNMOVIC and the IAEA shall have the right to free import and use of

equipment or materials for inspections and to seize and export any equipment,

materials, or documents taken during inspections, without search of

UNMOVIC or IAEA personnel or official or personal baggage;

8. Decides further that Iraq shall not take or threaten hostile acts directed

against any representative or personnel of the United Nations or the IAEA or of any

Member State taking action to uphold any Council resolution;

9. Requests the Secretary-General immediately to notify Iraq of this

resolution, which is binding on Iraq; demands that Iraq confirm within seven days of

that notification its intention to comply fully with this resolution; and demands

further that Iraq cooperate immediately, unconditionally, and actively with

UNMOVIC and the IAEA;

10. Requests all Member States to give full support to UNMOVIC and the

IAEA in the discharge of their mandates, including by providing any information

related to prohibited programmes or other aspects of their mandates, including on

Iraqi attempts since 1998 to acquire prohibited items, and by recommending sites to

be inspected, persons to be interviewed, conditions of such interviews, and data to

be collected, the results of which shall be reported to the Council by UNMOVIC and

the IAEA;

11. Directs the Executive Chairman of UNMOVIC and the Director-General

of the IAEA to report immediately to the Council any interference by Iraq with

inspection activities, as well as any failure by Iraq to comply with its disarmament

obligations, including its obligations regarding inspections under this resolution;

12. Decides to convene immediately upon receipt of a report in accordance

with paragraphs 4 or 11 above, in order to consider the situation and the need for

full compliance with all of the relevant Council resolutions in order to secure

international peace and security;

13. Recalls, in that context, that the Council has repeatedly warned Iraq that

it will face serious consequences as a result of its continued violations of its

obligations;

14. Decides to remain seized of the matter.

Annex

Text of Blix/El-Baradei letter

United Nations Monitoring, Verification

and Inspection Commission

The Executive Chairman

International Atomic Energy Agency

The Director General

8 October 2002

Dear General Al-Saadi,

During our recent meeting in Vienna, we discussed practical arrangements that are prerequisites for the

resumption of inspections in Iraq by UNMOVIC and the IAEA. As you recall, at the end of our meeting in

Vienna we agreed on a statement which listed some of the principal results achieved, particularly Iraq’s

acceptance of all the rights of inspection provided for in all of the relevant Security Council resolutions. This

acceptance was stated to be without any conditions attached.

During our 3 October 2002 briefing to the Security Council, members of the Council suggested that we

prepare a written document on all of the conclusions we reached in Vienna. This letter lists those conclusions and

seeks your confirmation thereof. We shall report accordingly to the Security Council.

In the statement at the end of the meeting, it was clarified that UNMOVIC and the IAEA will be granted

immediate, unconditional and unrestricted access to sites, including what was termed “sensitive sites” in the past.

As we noted, however, eight presidential sites have been the subject of special procedures under a Memorandum

of Understanding of 1998. Should these sites be subject, as all other sites, to immediate, unconditional and

unrestricted access, UNMOVIC and the IAEA would conduct inspections there with the same professionalism.

H.E. General Amir H. Al-Saadi

Advisor

Presidential Office

Baghdad

Iraq

We confirm our understanding that UNMOVIC and the IAEA have the right to determine the number of

inspectors required for access to any particular site. This determination will be made on the basis of the size and

complexity of the site being inspected. We also confirm that Iraq will be informed of the designation of additional

sites, i.e. sites not declared by Iraq or previously inspected by either UNSCOM or the IAEA, through a

Notification of Inspection (NIS) provided upon arrival of the inspectors at such sites.

Iraq will ensure that no proscribed material, equipment, records or other relevant items will be destroyed

except in the presence of UNMOVIC and/or IAEA inspectors, as appropriate, and at their request.

UNMOVIC and the IAEA may conduct interviews with any person in Iraq whom they believe may have

information relevant to their mandate. Iraq will facilitate such interviews. It is for UNMOVIC and the IAEA to

choose the mode and location for interviews.

The National Monitoring Directorate (NMD) will, as in the past, serve as the Iraqi counterpart for the

inspectors. The Baghdad Ongoing Monitoring and Verification Centre (BOMVIC) will be maintained on the same

premises and under the same conditions as was the former Baghdad Monitoring and Verification Centre. The

NMD will make available services as before, cost free, for the refurbishment of the premises.

The NMD will provide free of cost: (a) escorts to facilitate access to sites to be inspected and

communication with personnel to be interviewed; (b) a hotline for BOMVIC which will be staffed by an English

speaking person on a 24 hour a day/seven days a week basis; (c) support in terms of personnel and ground

transportation within the country, as requested; and (d) assistance in the movement of materials and equipment at

inspectors’ request (construction, excavation equipment, etc.). NMD will also ensure that escorts are available in

the event of inspections outside normal working hours, including at night and on holidays.

Regional UNMOVIC/IAEA offices may be established, for example, in Basra and Mosul, for the use of their

inspectors. For this purpose, Iraq will provide, without cost, adequate office buildings, staff accommodation, and

appropriate escort personnel.

UNMOVIC and the IAEA may use any type of voice or data transmission, including satellite and/or inland

networks, with or without encryption capability. UNMOVIC and the IAEA may also install equipment in the field

with the capability for transmission of data directly to the BOMVIC, New York and Vienna (e.g. sensors,

surveillance cameras). This will be facilitated by Iraq and there will be no interference by Iraq with UNMOVIC

or IAEA communications.

Iraq will provide, without cost, physical protection of all surveillance equipment, and construct antennae for

remote transmission of data, at the request of UNMOVIC and the IAEA. Upon request by UNMOVIC through the

NMD, Iraq will allocate frequencies for communications equipment.

Iraq will provide security for all UNMOVIC and IAEA personnel. Secure and suitable accommodations will

be designated at normal rates by Iraq for these personnel. For their part, UNMOVIC and the IAEA will require

that their staff not stay at any accommodation other than those identified in consultation with Iraq.

On the use of fixed-wing aircraft for transport of personnel and equipment and for inspection purposes, it

was clarified that aircraft used by UNMOVIC and IAEA staff arriving in Baghdad may land at Saddam

International Airport. The points of departure of incoming aircraft will be decided by UNMOVIC. The Rasheed

airbase will continue to be used for UNMOVIC and IAEA helicopter operations. UNMOVIC and Iraq will

establish air liaison offices at the airbase. At both Saddam International Airport and Rasheed airbase, Iraq will

provide the necessary support premises and facilities. Aircraft fuel will be provided by Iraq, as before, free of

charge.

On the wider issue of air operations in Iraq, both fixed-wing and rotary, Iraq will guarantee the safety of air

operations in its air space outside the no-fly zones. With regard to air operations in the no-fly zones, Iraq will take

all steps within its control to ensure the safety of such operations.

Helicopter flights may be used, as needed, during inspections and for technical activities, such as gamma

detection, without limitation in all parts of Iraq and without any area excluded. Helicopters may also be used for

medical evacuation.

On the question of aerial imagery, UNMOVIC may wish to resume the use of U-2 or Mirage overflights.

The relevant practical arrangements would be similar to those implemented in the past.

As before, visas for all arriving staff will be issued at the point of entry on the basis of the UN Laissez-

Passer or UN Certificate; no other entry or exit formalities will be required. The aircraft passenger manifest will

be provided one hour in advance of the arrival of the aircraft in Baghdad. There will be no searching of

UNMOVIC or IAEA personnel or of official or personal baggage. UNMOVIC and the IAEA will ensure that their

personnel respect the laws of Iraq restricting the export of certain items, for example, those related to Iraq’s

national cultural heritage. UNMOVIC and the IAEA may bring into, and remove from, Iraq all of the items and

materials they require, including satellite phones and other equipment. With respect to samples, UNMOVIC and

IAEA will, where feasible, split samples so that Iraq may receive a portion while another portion is kept for

reference purposes. Where appropriate, the organizations will send the samples to more than one laboratory for

analysis.

We would appreciate your confirmation of the above as a correct reflection of our talks in Vienna.

Naturally, we may need other practical arrangements when proceeding with inspections. We would expect in

such matters, as with the above, Iraq’s co-operation in all respect.

Yours sincerely,

(Signed) (Signed)

Hans Blix Mohamed ElBaradei

Executive Chairman Verification Director General

and Inspection Commission United Nations Monitoring, International

Atomic Energy Agency