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Draft US-UK-Spain Resolution on Iraq, May 9

Draft resolution on Iraq, submitted to the United Nations Security Council by the United States, so-sponsored by Spain and the United Kingdom, May 9; text as circulated to reporters prior to private meeting of the Security Council.

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 tall Iraqi citizens without regard to ethnicity, religion, or gender;

Welcoming the April 15 Nasiriyah statement and the April 28 Baghdad statement;

Resolved that the UN 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 IMF 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…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 and rebuild their society and return to the international community as a member in good standing;

2. Calls upon all Member States 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 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 after2 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 (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 the UN's activities 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) support for and coordination of humanitarian and reconstruction assistance by UN agencies and nongovernmental 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. Calls upon Member States and international and regional organizations to contribute to the implementation of this resolution;

10. 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;

11. 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, shall no longer apply;

12. Notes the establishment of an Iraqi Assistance Fund, with an international advisory board including duly qualified representatives of the Secretary General, the IMF, appropriate regional institution(s) 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;

13. 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 14 below;

14. 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;

15. Decides that the Iraqi Assistance Fund shall enjoy the privileges and immunities of the United Nations;

16. 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;

17. Requests the Secretary General, in consultation with the Authority, to continue the exercise of his responsibilities under Security Council resolution 1472 and 1476, 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 Committee pursuant to paragraphs 8 (a) and (b) of resolution 986 (1995), to the extent not modified or terminated, or as necessary to fulfill other commitments made pursuant to those resolutions;

18. 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, shall be transferred promptly to the Iraqi Assistance Fund in order to provide for the urgent needs of the Iraqi people;

19. 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 12 above, and decides further that, except as provided in paragraph 20 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;

20. Decides further that X percent of the proceeds referred to in paragraph 19 above shall be deposited into the Compensation Fund established in accordance with resolution 687 (1991) and subsequent relevant resolutions;

21. 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;

22. 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 21;

23. 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;

24. Requests the Special Coordinator to report to the Council at regular intervals on his work with respect to the implementation of this resolution, the first report to be submitted within (1/8)(3/8) days of the adoption of this resolution.

Source: Full text - draft of new UN resolution on Iraq, Associated Press, May 9.

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