Reconsideration Procedures

Introduction

An essential element of the revised procedures is the review of applications for the presence of item(s) with potential dual-use, as defined in the Goods Review List (GRL) (S/2002/515), which are subject to review by the Security Council's 661 sanctions committee before permission for export to Iraq is granted. The review also includes identification of items referred to in paragraph 24 of resolution 687 (1991) as it relates to military commodities and products prohibited for export to Iraq. This review is carried out by the experts of the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC) and the International Atomic Energy Agency (IAEA).

In accordance with paragraph 9 of the revised procedures approved by resolution 1409 (2002), "If UNMOVIC and/or IAEA determine that the application contains any GRL item(s), they will immediately inform, through OIP, the submitting Mission or United Nations agency". The same procedure pertains to identification of items referred to in paragraph 24 of resolution 687 (military commodities and products).

Pursuant to paragraph 11, "if the Mission or United Nations agency submitting an application disagrees with the determination that an application contains an item(s) covered by paragraph 24 of resolution 687 (1991).... or products covered by the GRL, it may request a reconsideration of this decision, based on provision of technical information and/or explanations not previously included in the application, within 10 working days to OIP".

Based on the above procedure, every time UNMOVIC/IAEA identify any GRL and/or resolution 687 (1991) item(s), OIP will issue a GRL NOTICE, offering several options to the supplier. The Notice will be forwarded to the supplier through the relevant Permanent Mission or UN agency. The supplier must respond to the Notice to OIP by fax (copy to the Mission) within 10 working days by completing standard forms which will be attached to the Notice. If no response is received by a specific deadline indicated in the Notice, GRL items will be referred to the 661 Committee for a decision as to whether or not the goods may be exported to Iraq, while any application containing resolution 687 (1991) item(s) will be returned to supplier as ineligible.

The GRL Notice will offer several options concerning both GRL and non-GRL items, as below. Please also see Reconsideration Procedures Chart.

Reconsideration Procedures for GRL Item(s)

• Reconsideration of GRL/687 item(s) status by UNMOVIC/IAEA
• Deletion or replacement/substitution of GRL/687 item(s)
• Immediate circulation of GRL item(s) to the 661 Committee
• Circulation of GRL item(s) to the 661 Committee after a UN assessment of implications of non-approval of GRL item(s) has been provided

Further Processing of Non-GRL Items

• Immediate issuance of an Approval Letter (O/C) for non-GRL items
• Issuance of Approval Letter (O/C) at a later stage of processing