United Nations Security Council Resolution 1302

by the United Nations

Adopted by the Security Council at its 4152nd meeting, on 8 June 2000

The Security Council,

Recalling its previous relevant resolutions and in particular its resolutions 986 (1995) of 14 April 1995, 1111 (1997) of 4 June 1997, 1129 (1997) of 12 September 1997, 1143 (1997) of 4 December 1997, 1153 (1998) of 20 February 1998, 1175 (1998) of 19 June 1998, 1210 (1998) of 24 November 1998, 1242 (1999) of 21 May 1999, 1266 (1999) of 4 October 1999, 1275 (1999) of 19 November 1999, 1280 (1999) of 3 December 1999, 1281 (1999) of 10 December 1999, 1284 (1999) of 17 December 1999 and 1293 (2000) of 31 March 2000,

Convinced of the need as a temporary measure to continue to provide for the humanitarian needs of the Iraqi people until the fulfilment by the Government of Iraq of the relevant 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,

Convinced also of the need for equitable distribution of humanitarian supplies to all segments of the Iraqi population throughout the country,

Determined to improve the humanitarian situation in Iraq,

Reaffirming the commitment of all Member States to the sovereignty and territorial integrity of Iraq,

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

1. Decides that the provisions of resolution 986 (1995), except those contained in paragraphs 4, 11 and 12 and subject to paragraph 15 of resolution 1284 (1999), shall remain in force for a new period of 180 days beginning at 00.01 hours, Eastern Daylight Time, on 9 June 2000;

2. Further decides that from the sum produced from the import by States of petroleum and petroleum products originating in Iraq, including financial and other essential transactions related thereto, in the 180-day period referred to in paragraph 1 above, the amounts recommended by the Secretary-General in his report of 1 February 1998 (S/1998/90) for the food/nutrition and health sectors should continue to be allocated on a priority basis in the context of the activities of the Secretariat, of which 13 per cent of the sum produced in the period referred to above shall be used for the purposes referred to in paragraph 8 (b) of resolution 986 (1995);

3. Requests the Secretary-General to continue to take the actions necessary to ensure the effective and efficient implementation of this resolution, and to continue to enhance as necessary the United Nations observation process in Iraq in such a way as to provide the required assurances to the Council that the goods produced in accordance with this resolution are distributed equitably and that all supplies authorized for procurement, including dual usage items and spare parts, are utilized for the purpose for which they have been authorized;

4. Further decides to conduct a thorough review of all aspects of the implementation of this resolution 90 days after the entry into force of paragraph 1 above and again prior to the end of the 180-day period, and expresses its intention, prior to the end of that period, to consider favourably renewal of the provisions of this resolution as appropriate, provided that the reviews indicate that those provisions are being satisfactorily implemented;

5. Requests the Secretary-General to report to the Council 90 days after the entry into force of this resolution on its implementation, and further requests the Secretary-General to report prior to the end of the 180-day period, on the basis of observations of United Nations personnel in Iraq, and 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) of resolution 986 (1995), including in his briefing and report any observations which he may have on the adequacy of the revenues to meet Iraq’s humanitarian needs;

6. Requests the Committee established by resolution 661 (1990), in close coordination with the Secretary-General, to report to the Council after the entry into force of paragraph 1 above and prior to the end of the 180-day period on the implementation of the arrangements in paragraphs 1, 2, 6, 8, 9 and 10 of resolution 986 (1995);

7. Requests the Secretary-General to appoint, in consultation with the Committee established by resolution 661 (1990), no later than 10 August 2000, the additional Overseers necessary to approve petroleum and petroleum product export contracts in accordance with paragraph 1 of resolution 986 (1995) and the procedures of the Committee established by resolution 661 (1990);

8. Requests the Committee established by resolution 661 (1990) to approve, after 30 days, on the basis of proposals from the Secretary-General, lists of basic water and sanitation supplies, decides, notwithstanding paragraph 3 of resolution 661 (1990) and paragraph 20 of resolution 687 (1991), that supplies of these items will not be submitted for approval of that Committee, except for items subject to the provisions of resolution 1051 (1996), and will be notified to the Secretary-General and financed in accordance with the provisions of paragraphs 8 (a) and 8 (b) of resolution 986 (1995), and requests the Secretary-General to inform the Committee in a timely manner of all such notifications received and actions taken;

9. Decides that from the funds produced pursuant to this resolution in the escrow account established by paragraph 7 of resolution 986 (1995), up to a total of 600 million US dollars may be used to meet any reasonable expenses, other than expenses payable in Iraq, which follow directly from the contracts approved in accordance with paragraph 2 of resolution 1175 (1998) and paragraph 18 of resolution 1284 (1999), and expresses its intention to consider favourably the renewal of this measure;

10. Decides that the funds in the escrow account which resulted from the suspension in accordance with paragraph 20 of resolution 1284 (1999) shall be used for the purposes set out in paragraph 8 (a) of resolution 986 (1995), and further decides that paragraph 20 of resolution 1284 (1999) shall remain in force and shall apply to the new 180-day period referred to in paragraph 1 above and shall not be subject to further renewal;

11. Welcomes the efforts of the Committee established by resolution 661 (1990) to review applications expeditiously, and encourages the Committee to make further efforts in that regard;

12. Calls upon the Government of Iraq to take all additional steps necessary to implement paragraph 27 of resolution 1284 (1999), and further requests the Secretary-General regularly to review and report on the implementation of these measures;

13. Requests the Secretary-General to submit to the Committee established by resolution 661 (1990) recommendations regarding the implementation of paragraphs 1 (a) and 6 of resolution 986 (1995) to minimize the delay in the payment of the full amount of each purchase of Iraqi petroleum and petroleum products into the escrow account established by paragraph 7 of resolution 986 (1995);

14. Requests the Secretary-General to submit to the Committee established by resolution 661 (1990) recommendations regarding the utilization of excess funds drawn from the account created by paragraph 8 (d) of resolution 986 (1995), in particular for the purposes set out in paragraphs 8 (a) and 8 (b) of that resolution;

15. Urges all States, and in particular the Government of Iraq, to provide their full cooperation in the effective implementation of this resolution;

16. Appeals to all States to continue to cooperate in the timely submission of applications and the expeditious issue of export licences, facilitating the transit of humanitarian supplies authorized by the Committee established by resolution 661 (1990), and to take all other appropriate measures within their competence in order to ensure that urgently needed humanitarian supplies reach the Iraqi people as rapidly as possible;

17. Stresses the need to continue to ensure respect for the security and safety of all persons directly involved in the implementation of this resolution in Iraq;

18. Invites the Secretary-General to appoint independent experts to prepare by 26 November 2000 a comprehensive report and analysis of the humanitarian situation in Iraq, including the current humanitarian needs arising from that situation and recommendations to meet those needs, within the framework of the existing resolutions;

19. Decides to remain seized of the matter.