Αποφάσεις - Ανακοινώσεις — ΦΕΚ A' 186/2003

Appeals to Member States and concerned organi?zations to assist the people of Iraq in their efforts to reform their institutions and rebuild their country, and to con?tribute to conditions of stability and security in Iraq in ac?cordance with this resolution;

Calls upon all Member States in a position to do so to respond 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;

Appeals to Member States to deny safe haven to those members of the previous Iraqi regime who are alleged to be responsible for crimes and atrocities and to support ac?tions to bring them to justice;

Calls upon the Authority, consistent with the Charter of the United Nations and other relevant international law, to promote the welfare of the Iraqi people through the effec?tive 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;

Calls upon all concerned to comply fully with their obli?gations under international law including in particular the Geneva Conventions of 1949 and the Hague Regulations of 1907;

Calls upon the Authority and relevant organizations and individuals to continue efforts to locate, identify, and repatriate all Kuwaiti and Third-State Nationals or the re?mains 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 this regard, directs the High?Level Coordinator, in consultation with the International Committee of the Red Cross and the Tripartite Commis?sion 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;

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, histor?ical, cultural, rare scientific, and religious importance ille?gally removed from the Iraq National Museum, the Nation?al Library, and other locations in Iraq since the adoption of resolution 661 (1990) of 6 August 1990, including by es?tablishing 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 up?on the United Nations Educational, Scientific, and Cultural Organization, Interpol, and other international organi?zations, as appropriate, to assist in the implementation of this paragraph;

Requests the Secretary-General to appoint a Special Representative for Iraq whose independent responsibili?ties 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, coor?dinating among United Nations and international agencies engaged in humanitarian assistance and reconstruction activities in Iraq, and, in coordination with the Authority, as?sisting the people of Iraq through: (a) coordinating humanitarian and reconstruction as?sistance 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 represen?tative governance, including by working together to facili?tate 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 condi?tions for sustainable development, including through co?ordination with national and regional organizations, as ap?propriate, civil society, donors, and the international finan?cial 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 ca?pacity of the Iraqi civilian police force; and (i) encouraging international efforts to promote legal and judicial reform;

Supports the formation, by the people of Iraq with the help of the Authority and working with the Special Repre?sentative, of an Iraqi interim administration as a transition?al administration run by Iraqis, until an internationally rec?ognized, representative government is established by the people of Iraq and assumes the responsibilities of the Au?thority;

Decides that, with the exception of prohibitions re?lated to the sale or supply to Iraq of arms and related materiel other than those arms and related materiel re?quired 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;

Reaffirms that Iraq must meet its disarmament obli?gations, encourages 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;

Notes the establishment of a Development Fund for Iraq to be held by the Central Bank of Iraq and to be audited by independent public accountants approved by the Inter?national Advisory and Monitoring Board of the Develop?ment 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 Inter?national Monetary Fund, of the Director-General of the 3704 ΕΦΗΜΕΡΙΣ ΤΗΣ ΚΥΒΕΡΝΗΣΕΩΣ (ΤΕΥΧΟΣ ΠΡΩΤΟ) for Iraq shall be disbursed at the direction of the Authority, in consultation with the Iraqi interim administration, for the purposes set out in paragraph 14 below;

Underlines that the Development Fund for Iraq shall be used in a transparent manner to meet the humanitarian needs of the Iraqi people, for the economic reconstruction and repair of Iraq's infrastructure, for the continued disar?mament of Iraq, and for the costs of Iraqi civilian admin?istration, and for other purposes benefiting the people of Iraq;

Calls upon the international financial institutions to assist the people of Iraq in the reconstruction and devel?opment of their economy and to facilitate assistance by the broader donor community, and welcomes the readiness of creditors, including those of the Paris Club, to seek a so?lution to Iraq's sovereign debt problems;

Requests also that the Secretary-General, in coordi?nation with the Authority, continue the exercise of his re?sponsibilities 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 res?olution, 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 head?quarters level and in the field, transferring responsibility for the administration of any remaining activity under the Pro?gramme to the Authority, including by taking the following necessary measures: (a) to facilitate as soon as possible the shipment and au?thenticated delivery of priority civilian goods as identified by the Secretary-General and representatives designated by him, in coordination with the Authority and the Iraqi in?terim administration, under approved and funded contrac?ts previously concluded by the previous Government of Iraq, for the humanitarian relief of the people of Iraq, in?cluding, 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 coor?dination with the Authority and the Iraqi interim admin?istration, the relative utility of each approved and funded contract with a view to determining whether such contrac?ts 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 follow?ing the adoption of this resolution, for the Security Coun?cil's review and consideration, an estimated operating budget based on funds already set aside in the account es?tablished pursuant to paragraph 8 (d) of resolution 986 (1995) of 14 April 1995, identifying: (i) all known and projected costs to the United Nations re?quired to ensure the continued functioning of the activities associated with implementation of the present resolution, including operating and administrative expenses associ?ated with the relevant United Nations agencies and pro?grammes responsible for the implementation of the Pro?gramme both at Headquarters and in the field; (ii) all known and projected costs associated with termi?nation of the Programme; (iii) all known and projected costs associated with restor?ing Government of Iraq funds that were provided by Mem?ber States to the Secretary-General as requested in para?graph 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 Inter?national 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 estab?lished pursuant to paragraphs 8 (a) and 8 (b) of resolution 986 (1995); (e) to fulfil all remaining obligations related to the termi?nation of the Programme, including negotiating, in the most cost effective manner, any necessary settlement pay?ments, which shall be made from the escrow accounts es?tablished pursuant to paragraphs 8 (a) and 8 (b) of reso?lution 986 (1995), with those parties that previously have entered into contractual obligations with the Secretary?General under the Programme, and to determine, in coor?dination with the Authority and the Iraqi interim admin?istration, 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 ter?mination of the Programme, with a comprehensive strate?gy developed in close coordination with the Authority and the Iraqi interim administration that would lead to the deliv?ery of all relevant documentation and the transfer of all op?erational responsibility of the Programme to the Authority;

Requests further that the Secretary-General transfer as soon as possible to the Development Fund for Iraq 1 bil?lion 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 Sec?retary-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 reso?lution 986 (1995) shall be transferred at the earliest possi?ble time to the Development Fund for Iraq;

Decides to terminate effective on the adoption of this resolution the functions related to the observation and monitoring activities undertaken by the Secretary-General under the Programme, including the monitoring of the ex?port of petroleum and petroleum products from Iraq;

Decides to terminate the Committee established pursuant to paragraph 6 of resolution 661 (1990) at the conclusion of the six month period called for in paragraph 16 above and further decides that the Committee shall identify individuals and entities referred to in paragraph 23 below; ΕΦΗΜΕΡΙΣ ΤΗΣ ΚΥΒΕΡΝΗΣΕΩΣ (ΤΕΥΧΟΣ ΠΡΩΤΟ) 3705 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, and decides further that, except as provided in paragraph 21 below, all proceeds from such sales shall be deposited into the Development Fund for Iraq until such time as an in?ternationally recognized, representative government of Iraq is properly constituted;