14 April 1995
Adopted by the Security Council at its
3519th meeting,
on 14 April 1995
State concerned, endorsed by the
Government of Iraq, for each proposed purchase price at fair market
value, the export route, the opening of a letter of credit
(iii)
population, and by the risk of a further
deterioration in this situation,
humanitarian needs of the Iraqi people
until the fulfilment by Iraq of the
relevant Security Council resolutions,
including notably resolution 687 (1991)
of 3 April 1991, allows the Council
to take further action with regard to the
prohibitions referred to in
resolution 661 (1990) of 6 August 1990, in
accordance with the provisions of
those resolutions,
relief to all segments of the Iraqi
population throughout the country,
territorial integrity of
Iraq,
3 (b) and 4 of resolution 661 (1990) and
subsequent relevant resolutions, to
permit the import of petroleum and
petroleum products originating in Iraq,
including financial and other
essential transactions directly relating thereto,
sufficient to produce a
sum not exceeding a total of one billion United States
dollars every 90 days
for the purposes set out in this resolution and subject to
the following
conditions:
order to ensure the transparency of each
transaction and its conformity with the
other provisions of this resolution,
after submission of an application by the
of Iraqi petroleum and
petroleum products, including details of the purchase
payable to the
escrow account to be established by the Secretary-General for the
purposes
of this resolution, and of any other directly related financial or
other
essential transaction;
petroleum products directly by the purchaser
in the State concerned into the
escrow account to be established by the
Secretary-General for the purposes of
this
resolution;
3 (b) and 4 of resolution 661 (1990) and the
provisions of paragraph 1 above, to
permit the import of petroleum and
petroleum products originating in Iraq
sufficient, after the deduction of
the percentage referred to in paragraph 8 (c)
below for the Compensation
Fund, to meet the pipeline tariff charges, verified
as reasonable by the
independent inspection agents referred to in paragraph 6
below, for the
transport of Iraqi petroleum and petroleum products through the
Kirkuk-
Yumurtalik pipeline in Turkey authorized by paragraph 1
above;
force at 00.01 Eastern Standard Time on the day
after the President of the
Council has informed the members of the Council
that he has received the report
from the Secretary-General requested in
paragraph 13 below, and shall remain in
force for an initial period of 180
days unless the Council takes other relevant
action with regard to the
provisions of resolution 661 (1990);
implementation of this
resolution 90 days after the entry into force of
paragraph 1 above and again
prior to the end of the initial 180 day period, on
receipt of the reports
referred to in paragraphs 11 and 12 below, and expresses
its
intention, prior to the end of the 180 day period, to consider favourably
renewal of the provisions of this resolution, provided that the reports
referred
to in paragraphs 11 and 12 below indicate that those provisions are
being
satisfactorily implemented;
come into force
forthwith;
the sale of petroleum and petroleum
products to be exported by Iraq via the
Kirkuk-Yumurtalik pipeline from Iraq
to Turkey and from the Mina al-Bakr oil
terminal, with the assistance of
independent inspection agents appointed by the
Secretary-General, who will
keep the Committee informed of the amount of
petroleum and petroleum
products exported from Iraq after the date of entry into
force of
paragraph 1 of this resolution, and will verify that the purchase price
of
the petroleum and petroleum products is reasonable in the light of prevailing
market conditions, and that, for the purposes of the arrangements set out in
this resolution, the larger share of the petroleum and petroleum products is
shipped via the Kirkuk-Yumurtalik pipeline and the remainder is exported
from
the Mina al-Bakr oil terminal;
purposes of this
resolution, to appoint independent and certified public
accountants to audit
it, and to keep the Government of Iraq fully
informed;
humanitarian needs of the Iraqi population and for
the following other purposes,
and requests the Secretary-General to
use the funds deposited in the escrow
account:
the
Committee established by resolution 661 (1990), of medicine, health
supplies, foodstuffs, and materials and supplies for essential civilian
needs,
as referred to in paragraph 20 of resolution 687 (1991) provided
that:
Each export of goods is at the request of the Government of Iraq;
(ii)Iraq effectively guarantees their equitable distribution, on the
basis
of a plan submitted to and approved by the Secretary-General,
including a description of the goods to be purchased;
The Secretary-General receives authenticated confirmation that the
exported goods concerned have arrived in
Iraq;
circumstances prevailing in
the three Governorates mentioned
below, the distribution by the Government of
Iraq of goods
imported under this resolution, in order to ensure an equitable
distribution of humanitarian relief to all segments of the Iraqi
population
throughout the country, by providing between 130
million and 150 million United
States dollars every 90 days to the
United Nations Inter-Agency Humanitarian
Programme operating
within the sovereign territory of Iraq in the three northern
Governorates of Dihouk, Arbil and Suleimaniyeh, except that if
less than
one billion United States dollars worth of petroleum or
petroleum products is
sold during any 90 day period, the
Secretary-General may provide a
proportionately smaller amount for
this purpose;
Compensation Fund the same percentage of the funds
deposited in
the escrow account as that decided by the Council in paragraph 2 of
resolution 705 (1991) of 15 August 1991;
the costs to the United Nations of the independent inspection
agents and the certified public accountants and the activities
associated with
implementation of this
resolution;
the Special Commission, pending
subsequent payment in full of the
costs of carrying out the tasks authorized by
section C of
resolution 687 (1991);
expenses, other than expenses payable in Iraq,
which are
determined by the Committee established by resolution 661 (1990) to be
directly related to the export by Iraq of petroleum and petroleum
products
permitted under paragraph 1 above or to the export to
Iraq, and activities
directly necessary therefor, of the parts and
equipment permitted under paragraph 9 below;
available up to 10 million United States dollars every 90 days
from the funds deposited in the escrow account for the payments
envisaged under
paragraph 6 of resolution 778 (1992) of
2 October 1992;
notwithstanding the provisions of
paragraph 3 (c) of resolution
661 (1990):
equipment which are essential for
the safe operation of the
Kirkuk-Yumurtalik pipeline system in Iraq, subject to
the prior
approval by the Committee established by resolution 661 (1990) of each
export contract;
for the exports authorized under
subparagraph (a) above, including
financial transactions related
thereto;
the exports and activities authorized
under paragraph 9 above are
precluded by paragraph 4 of resolution 661 (1990)
and by
paragraph 11 of resolution 778 (1991) from being met from funds frozen
in
accordance with those provisions, the cost of such exports and
activities may,
until funds begin to be paid into the escrow
account established for the
purposes of this resolution, and
following approval in each case by the
Committee established by
resolution 661 (1990), exceptionally be financed by
letters of
credit, drawn against future oil sales the proceeds of which are to
be deposited in the escrow
account;
report to the Council 90 days after
the date of entry into force
of paragraph 1 above, and again prior to the end of
the initial
180 day period, on the basis of observation by United Nations
personnel in Iraq, and on the basis of consultations with the
Government of
Iraq, on whether Iraq has ensured the equitable
distribution of medicine, health
supplies, foodstuffs, and
materials and supplies for essential civilian needs,
financed in
accordance with paragraph 8 (a) above, including in his reports any
observations he may have on the adequacy of the revenues to meet
Iraq's
humanitarian needs, and on Iraq's capacity to export
sufficient quantities of
petroleum and petroleum products to
produce the sum referred to in paragraph 1
above;
established by resolution 661 (1990), in close
coordination with
the Secretary-General, to develop expedited procedures as
necessary to implement the arrangements in paragraphs 1, 2, 6, 8,
9 and 10 of
this resolution and to report to the Council 90 days
after the date of entry
into force of paragraph 1 above and again
prior to the end of the initial
180 day period on the
implementation of those
arrangements;
General to take the actions necessary to ensure
the effective
implementation of this resolution, authorizes him to enter into
any necessary arrangements or agreements, and requests
him to report to the
Council when he has done
so;
products subject to this
resolution shall while under Iraqi title
be immune from legal proceedings 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 to ensure
that the
proceeds of the sale are not diverted from the purposes
laid down in this
resolution;
that the escrow account established for the purposes of this
resolution enjoys the privileges and immunities of the United
Nations;
by the Secretary-General for the
purpose of implementing this
resolution enjoy privileges and immunities as
experts on mission
for the United Nations in accordance with the Convention on
the
Privileges and Immunities of the United Nations, and requires
the Government
of Iraq to allow them full freedom of movement and
all necessary facilities for
the discharge of their duties in the
implementation of this resolution;
that nothing in this resolution affects Iraq's duty
scrupulously
to adhere to all of its obligations concerning servicing and
repayment of its foreign debt, in accordance with the appropriate
international
mechanisms;
that nothing in this resolution should be construed as
infringing
the sovereignty or territorial integrity of
Iraq;
matter.