Αποφάσεις - Ανακοινώσεις — ΦΕΚ A' 23/2002

Type Απόφαση
Publication 2002-02-18
State In force
Source ΦΕΚ
Reform history JSON API

ΕΦΗΜΕΡΙΣ ΤΗΣ ΚΥΒΕΡΝΗΣΕΩΣ F

ΤΗΣ ΕΛΛΗΝΙΚΗΣ ΔΗΜΟΚΡΑΤΙΑΣ

ΤΕΥΧΟΣ ΠΡΩΤΟ Αρ. Φύλλου 23 13 Φεβρουαρίου 2002 AΠΟΦΑΣΕΙΣ Απόφαση 1382 (2001) του Συμβουλίου Ασφαλείας των Η?νωμένων Εθνών που αφορά κυρώσεις που έχουν επι?βληθεί κατά του Ιράκ. Ο ΥΠΟΥΡΓΟΣ ΕΞΩΤΕΡΙΚΩΝ Έχοντας υπόψη: Την διάταξη του άρθρου 1 του Α.Ν. 92 της 3/10.8.67 «πε?ρί εφαρμογής αποφάσεων του Συμβουλίου Ασφαλείας των Ηνωμένων Εθνών και περί εγκρίσεως και εφαρμογής συστάσεων του Συμβουλίου Ασφαλείας και της Γενικής Συνελεύσεως», Προβαίνουμε στην δημοσίευση της αποφάσεως 1382(2001) του Συμβουλίου Ασφαλείας των Ηνωμένων Ε?θνών η οποία είναι, δυνάμει του άρθρου 25 του Χάρτη των Ηνωμένων Εθνών που κυρώθηκε με τον Α.Ν. 585/1954, υ?ποχρεωτική για τα κράτη μέλη του Οργανισμού και πα?ραγγέλλουμε την αυστηρή τήρηση και συμμόρφωση προς τις διατάξεις της απόφασης αυτής. Κατωτέρω παρατίθεται το κείμενο της απόφασης στην αγγλική γλώσσα και σε ελληνική μετάφραση. Resolution 1382 (2001) Adopted by the Security Council at its 4431st meeting, on 29 November 2001 The Security Council, Recalling its previous relevant resolutions, including its resolutions 986 (1995) of 14 April 1995, 1284 (1999) of 17 December 1999, 1352 (2001) of 1 June 2001 and 1360 (2001) of 3 July 2001, as they relate to the improvement of the humanitarian programme for Iraq, Convinced of the need as a temporary measure to con?tinue to provide for the civilian needs of the Iraqi people un?til the fulfilment by the Government of Iraq of the relevant resolutions, including notably resolutions 687 (1991) on 3 April 1991 and 1284 (1999), 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 these resolutions, 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), and the provisions of paragraphs 2, 3 and 5 to 13 of 1360 (2001) shall remain in force for a new period of 180 days beginning at 0001 hours, Eastern Standard Time, on 1 December 2001;

2.

Notes the proposed Goods Review List (as contained in Annex 1 to this resolution) and the procedures for its ap?plication (as contained in Annex 2 to this resolution) and decides that it will adopt the List and the procedures, sub?ject to any refinements to them agreed by the Council in light of further consultations, for implementation beginning on 30 May 2002;

3.

Reaffirms the obligation of all States, pursuant to reso?lution 661 (1990) and subsequent relevant resolutions, to prevent the sale or supply to Iraq of any commodities or products, including weapons or any other military equip?ment, and to prevent the making available to Iraq of any funds or any other financial or economic resources, except as authorized by existing resolutions;

4.

Stresses the obligation of Iraq to cooperate with the im?plementation of this resolution and other applicable reso?lutions, including by respecting the security and safety of all persons directly involved in their implementation;

5.

Appeals to all States to continue to cooperate in the timely submission of technically complete applications and the expeditious issuing of export licences, and to take all other appropriate measures within their competence in order to ensure that urgently needed humanitarian sup?plies reach the Iraqi population as rapidly as possible;

6.

Reaffirms its commitment to a comprehensive settle?ment on the basis of the relevant resolutions of the Security Council, including any clarification necessary for the im?plementation of resolution 1284 (1999);

7.

Decides that, for the purposes of this resolution, refer?ences in resolution 1360 (2001) to the 150-day period es?tablished by that resolution shall be interpreted to refer to the 180-day period established pursuant to paragraph 1 above;

8.

Decides to remain seized of the matter. 219 (Note: Arms and munitions are prohibited under UNSCR 687, para. 24 and thus are not included on the review list.) A. Items subject to the provisions of UNSCR 1051 (1996). B. The List contained in document S/2001/1120, annex (to the extent, if any, the items on these lists are not covered by UNSCR 687, para. 24). The list includes the following general categories and includes clarifying notes and state?ments of understanding: (1) advanced materials; (2) mate?rials processing; (3) electronics; (4) computers; (5) t?elecommunications and information security; (6) sensors and lasers; (7) navigation and avionics; (8) marine; and (9) propul?sion. C. The following individual items, as further described in the annex: Command, Control, Communication and Simulation

1.

Specific advanced telecommunications equipment.

2.

Information security equipment. Sensors, Electronic Warfare, and Night Vision

3.

Specialized electronic instrumentation and test equip?ment.

4.

Image intensifier night vision systems, tubes, and components. Aircraft and Related Items

5.

Specialized radar equipment.

6.

Non-civil certified aircraft; all aero gas turbine engines; unmanned aerial vehicles; and parts and components.

7.

Non-xray explosive detection equipment. Naval-related Items

8.

Air independent propulsion (AIP) engines and fuel cells specially designed for underwater vehicles, and spe?cially designed components therefor.

9.

Marine acoustic equipment. Explosives

10.

Charges and devices specially designed for civil pro?jects, and containing small quantities of energetic materi?als. Missile-Related Items

11.

Specialized vibration test equipment. Conventional Weapons Manufacturing

12.

Specialized semiconductor manufacturing equip?ment. Heavy Military Transport

13.

Low-bed trailers/loaders with a carrying capacity greater than 30 metric tonnes and width equal to or greater than 3 meters. Biological Weapons Equipment

14.

Certain Biological Equipment. Annex to Proposed Goods Review List (GRL) Technical Parameters for Individual Items #1. Specific advanced telecommunication equipment a. Any type of telecommunications equipment, specially designed to operate outside the temperature range from 218 K (-55° C) to 397 K (124° C); b. Phased array antennae, containing active elements and distributed components, and designed to permit elec?tronic control of beam shaping and pointing, except for landing systems with instruments meeting International Civil Aviation Organization (ICAO) standards (microwave landing systems (MLS)); c. Radio relay communications equipment designed for use at frequencies of 7.9 through 10.55 GHz or exceeding 40 GHz and assemblies and components therefor; d. Optical fiber cables of more than 5 meters in length, and preforms or drawn fibers of glass or other materials op?timized for manufacture and use as optical telecommuni?cations transmission medium. Optical terminals and opti?cal amplifiers; e. Software specially designed for the development or production of the components or equipment in a-d above; f. Technology for the development, design or production of the components, software, or equipment in a-d above. #2. Information security equipment Information security equipment having any of the follow?ing characteristics: a. a symmetric encryption algorithm; b. an asymmetric encryption algorithm; c. a discrete-log encryption algorithm; d. analog encryption or scrambling; e. TCSEC Bl, B2, B3, or Al or equivalent Multilevel Secure (MLS) computer systems; f. Software specially designed for the development or production of a-a above; g. Technology for the development, design or produc?tion of a-a above. Note 1: This entry does not require review of items that meet all of the following: a. Generally available to the public, by being sold, without restriction, from stock at retail selling points by means of any of the following: a.l. Over the counter transactions; a.2. Mail order transactions; a.3. Electronic transactions; a.4. Telephone call transactions; b. The cryptographic functionality cannot easily be changed by the user; c. Designed for installation by the user without further substantial support by the supplier; and d. When necessary, details of the items are accessible and will be provided, upon request, to the appropriate au?thority in the exporter’s country in order to ascertain com?pliance with conditions described in paragraphs a-c above. Note 2: This item does not require review of: a. Personalized smart cards where the cryptographic ca?pability is restricted for use in equipment or systems ex?cluded from control under entries b-f of this note. If a per?sonalized smart card has multiple functions, the control status of each function is addressed individually; b. Receiving equipment for radio broadcast, pay televi?sion, or similar restricted audience broadcast of the con?sumer type, without digital encryption except that exclu?sively used for sending the billing or program-related infor?mation back to the broadcast providers; c. Equipment where the cryptographic capability is not user-accessible and which is specially designed and lim?ited to allow any of the following: c.l. Execution of copy-protected software; c.2. Access to any of the following: c.2.a. Copy-protected contents stored on read-only me?dia; or c.2.b.Information stored in encrypted form on media 220 ΕΦΗΜΕΡΙΣ ΤΗΣ ΚΥΒΕΡΝΗΣΕΩΣ (ΤΕΥΧΟΣ ΠΡΩΤΟ) c.2.c. One-time copying of copyright-protected audio/ video data. d. Cryptographic equipment specially designed and lim?ited for banking use or money transactions; Technical Note: «Money transactions» includes the col?lection and settlement of fares or credit functions. e. Portable or mobile radiotelephones for civil use (e.g. for commercial civil cellular radiocommunications systems) that are not capable of end-to-end encryption; f. Cordless telephone equipment not capable of end-to?end encryption where the maximum effective range of un?boosted cordless operation (i.e., a single, unrelayed hop between terminal and home basestation) is less than 400 meters according to the manufacturer’s specifications. #3. Specialized electronic instrumentation and test e?quipment a. Signal analysers from 4 through 31 GHz; b. Microwave test receivers from 4 through 40 GHz; c. Network analysers from 4 through 40 GHz; d. Signal generators from 4 through 31 GHz; e. Travelling wave tubes, pulsed or continuous wave, as follows: e.1. Coupled cavity tubes, or derivatives thereof; e.2. Helix tubes, or derivatives thereof, with any of the fol?lowing: e.2.a.l. An instantaneous bandwidth of half an octave or more; and e.2.a.2. The product of the rated average output power (expressed in kW) and the maximum operating frequency (expressed in GHz) of more than 0.2; e.2.b.1. An instantaneous bandwidth of less than half an octave; and e.2.b.2. The product of the rated average output power (expressed in kW) and the maximum operating frequency (expressed in GHz) of more than 0.4; f. Equipment specially designed for the manufacture of electron tubes, optical elements and specially designed components therefor; g. Hydrogen/hydrogen-isotope thyratrons of ceramic?metal construction and rate for a peak current of 500 A or more; h. Digital instrumentation data recorders having any of the following characteristics: h.l. A maximum digital interface transfer rate exceeding 175 Mbit/s; or h.2. Space qualified. i. Radiation and radioisotope detection and simulation e?quipment, analysers, software, and Nuclear Instrumen?tation Module (NIM) componentry and mainframes; j. Software specially designed for the development or production of the components or equipment in a-i above; k. Technology for the development, design or produc?tion of the components or equipment in a-i above. Note: Items a-e do not require review when contained in contracts for civil telecommunications projects, including ongoing maintenance, operation, and repair of the system, certified for civil use by the supplier government. #4. Image intensifier night vision systems, tubes, and components a. Night vision systems (i.e., cameras or direct view imag?ing equipment) using an image intensifier tube that utilizes a microchannel plate (MCP) and an S-20, S-25, GaAs, or GaInAs photocathode. b. Image intensifier tubes that utilize a microchannel plate (MCP) and an S-20, S-25, GaAs, or GsINAs photo?cathode with a sensitivity of 240 micro Amps per lumen and below: c. Microchannel plates of 15 micrometers and above. d. Software specially designed for the development or production of the components or equipment in a-c above; e. Technology for the development, design or produc?tion of the components or equipment in a-c above. #5. Specialized radar equipment a. All airborne radar equipment and specially designed components therefor, not including radars specially de?signed for meteorological use or Mode 3, Mode C, and Mode S civilian air traffic control equipment specially de?signed to operate only in the 960-1215 MHz band; Note: This entry does not require initial review of airborne radar equipment installed as original equipment in civil?certified aircraft operating in Iraq. b. All ground-based primary radar systems that are ca?pable of aircraft detection and tracking. c. Software specially designed for the development or production of the components or equipment in a and b above; d. Technology for the development, design or produc?tion of the components or equipment in a and b above. #6. Non-civil certified aircraft; all aero gas turbine en?gines; unmanned aerial vehicles; and parts and compo?nents a. Non-civil certified aircraft and specially designed parts and components therefor. This does not include parts and components solely designed to accommodate a carrying of passengers including seats, food services, environmen?tal conditioning, lighting systems, and passenger safety devices. Note: Civil certified aircraft consist of aircraft that have been certified for general civil use by the civil aviation au?thorities of the original equipment manufacturer’s govern?ment. b. All gas turbine engines except those designed for stationary power generation applications, and specially designed parts and components therefor. c. Unmanned aerial vehicles and parts and components therefor with any of the following characteristics: c.l. Capable of autonomous operation; c.2. Capable of operating beyond line of sight; c.3. Incorporating a satellite navigation receiver (i.e. G?PS); c.4. A gross take-off weight greater than 25 kg (55 pounds). d. Parts and components for civil-certified aircraft (not in?cluding engines). Note 1: This does not include parts and components for normal maintenance of non-Iraqi owned or leased civil-cer?tified aircraft that were originally qualified or certified by the original equipment manufacturer for that aircraft. Note 2: For Iraqi-owned or leased civil aircraft, review of parts and components for normal maintenance is not re?quired if the maintenance is performed in a country other than Iraq. Note 3: For Iraqi-owned or leased aircraft, parts and com?ΕΦΗΜΕΡΙΣ ΤΗΣ ΚΥΒΕΡΝΗΣΕΩΣ (ΤΕΥΧΟΣ ΠΡΩΤΟ) 221 improve the performance of the aircraft remain subject to review. e. Technology, including software, for the design, development and production of equipment and parts/components for the items in sub-items a-d above. #9. Marine acoustic equipment a. Marine acoustic systems, equipment and specially de?signed components therefor, as follows: a.l. Active (transmitting or transmitting-and-receiving) systems, equipment and specially designed components therefor, as follows: a.l.a. Wide-swath bathymetric survey systems designed for sea bed topographic mapping designed to measure depths less than 600 m below the water surface a.2. Passive (receiving, whether or not related in normal application to separate active equipment) systems, equip?ment and specially designed components thereof as fol?lows: a.2.a. Hydrophones with sensitivity better than minus 220 Db at any depth with no acceleration’ compensation; a.2.b. Towed acoustic hydrophone arrays designed or able to be modified to operate at depths exceeding 15 me?ters but not exceeding 35 meters. a.2.b.1. Heading sensors with an accuracy better than +/- 0.5 degrees. a.2.c. Processing equipment specially designed for towed acoustic hydrophone arrays. a.2.d. Processing equipment, specially designed for bottom or bay cable systems. b. Correlation-velocity sonar log equipment designed to measure the horizontal speed of the equipment carrier rel?ative to the seabed. Technical Note: Hydrophone sensitivity is defined as twenty times the logarithm to the base 10 of the ratio of rms output voltage to a 1 V rms reference, when the hy?drophone sensor, without a pre-amplifier, is placed in a plane wave acoustic field with an rms pressure of 1 p2a. For example, a hydrophone of -160 Db, reference 1 V per uPa) -180 Db. #10. Charges and devices specially designed for civil projects, and containing small quantities of the following energetic materials:

1.

Cyclotetramethylenetetranitramine (CAS 2691-41-0) (HMX); octahydro- 1,3,5,7-tetranitro-1,3,5,7-tetrazine; 1,3,5,7-tetranitro-1,3,5,7-tetrazacyclooctane; (octogen, octogene);

2.

Hexanitrostilbene (HNS) (CAS 20062-22-0);

3.

Triaminotrinitrobenzene (TATB) (CAS 3058-38-6);

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