Reconsideration
procedures for GRL/687 item(s)
In accordance with the revised procedures, all non-GRL
and non-687 item(s) are considered approved immediately after UNMOVIC/IAEA
review confirms such status and an Approval Letter may be issued. However,
GRL and 687 item(s) are subject to different procedures from that point
onwards.
GRL ITEM(S)
If any GRL item(s) is found during the review, the
supplier will receive GRL Notice with attached standard GRL
RECONSIDERATION FORM offering one of the four options below.
In any case, a properly completed response must be received by the date
indicated in the Notice, otherwise the GRL item(s) would be referred to the
661 Committee for a decision on whether the goods may be exported to Iraq or
not. The four options offered in the Reconsideration Form are:
·
RECONSIDERATION REQUEST
The supplier may request a
reconsideration of the UNMOVIC/IAEA decision that an item(s) is considered a
GRL item(s). In order to do so, the supplier must return a properly
completed Reconsideration Form (by selecting
BOX 1 of the Reconsideration Form) and attach technical information
and/or explanations not previously included in the application, within 10
working days.
UNMOVIC/IAEA will reconsider
the item(s) within a maximum of 10 working days.
However, the decision by UNMOVIC/IAEA will be final and no further
reconsideration will be permitted. If the reconsideration process
confirms the GRL status of the item(s), they shall be forwarded to
the 661 Committee for a decision on whether or not they may be exported to
Iraq.
·
DELETION OR REPLACEMENT/SUBSTITUTION OF
GRL ITEM(S)
An amendment to the contract
may be submitted either deleting GRL item(s) or substituting it with another
that is not GRL item. In the
response to the GRL Notice, the supplier should indicate intention to
provide such amendment (by selecting BOX 2 of the Reconsideration Form)
within 10 working days. The amendment, signed by both parties to the
contract, must be received within further 30 days and shall be subject to
review by UNMOVIC/IAEA to confirm no GRL items remain. If the form is not
submitted within 10 working days or no amendment is received 30 days after
the form is submitted, the GRL
item(s) shall be forwarded to the 661 Committee for a decision on whether or
not they may be exported to Iraq.
·
IMMEDIATE CIRCULATION OF GRL ITEM(S) TO THE 661 COMMITTEE
In the response to the GRL
Notice, the supplier may request immediate circulation of the GRL item(s) to
the 661 Committee (by selecting BOX 3 of the Reconsideration Form) for a
decision on whether they may be exported to Iraq or not.
The same procedure applies if no response is received 10 working days
after the GRL Notice has been sent.
·
CIRCULATION OF GRL ITEM(S) TO THE 661 COMMITTEE AFTER
PROVISION OF A UN ASSESSMENT
In accordance with paragraph 9
of the procedures, the submitting mission (supplier) or United Nations
agency may request an assessment of the humanitarian, economic , security
implications of the approval or denial of the GRL item(s), including the
viability of the whole contract in which the GRL item(s) appears and the
risk of diversion of the item(s) for military purposes. The above
assessment is requested by selecting Box 4 of the Reconsideration Form. The
assessment will be provided to the 661 Committee together with circulation
of GRL item(s) to facilitate review and, ultimately, approval of these
items. OIP, UNMOVIC and /or
IAEA will endeavor to provide the assessment as soon as possible but it may
take up to 30 days before the assessment is provided. Please note that if
this option is selected, GRL item(s) will not be circulated to the Committee
until the assessment has been completed.
687 ITEM(S)
If any resolution 687 (1991) item(s) is found during the review, the
supplier will receive a 687 Notice with attached standard 687
RECONSIDERATION FORM offering
two options. The number of options available to the suppliers is
limited due to the fact that 687 item(s) are prohibited from export to
Iraq and cannot be forwarded to the 661 Committee for a decision in any
case. The properly completed Reconsideration Form must be returned to OIP
within 10 working days, otherwise the application will be considered
ineligible and shall be returned to supplier.
The two options available to the supplier are:
·
RECONSIDERATION REQUEST
The supplier may request a
reconsideration of UNMOVIC/IAEA decision which identified 687 item(s). In
order to do so, the supplier must return to OIP
the properly completed Reconsideration Form and attach technical
information and/or explanations not previously included in the application,
within 10 working days.
UNMOVIC/IAEA will reconsider
the item(s) with a maximum of 10 working days.
However, the decision by UNMOVIC/IAEA will be final and no further
reconsideration will be permitted. If the reconsideration process confirms
the 687 status of the item(s), the whole application containing such item(s)
will be considered ineligible and shall be returned to supplier. The same
procedure applies if no response is received 10 working days after the 687
Notice has been sent.
·
AMENDMENT TO DELETE or REPLACE/SUBSTITUTE 687 ITEM(S)
An amendment to the contract
either deleting prohibited item(s) or substituting with another item(s) which is
not 687 item(s) may be submitted. Such
an amendment, signed by both parties to the contract, must be received
within 30 days after the receipt of the form and shall be subject to review
by UNMOVIC/IAEA to confirm no 687 item(s) are left. If the form is not
submitted within 10 working days or no amendment is received 30 days after
the form is submitted, the
whole application will be considered ineligible and shall be returned to
supplier (paragraph 8 of the procedures).
