SECURITY COUNCIL APPROVES EXPORT/IMPORT MONITORING MECHANISM TO ENSURE IRAQ'S WEAPONS PROGRAMME NOT REDEVELOPED19960327 Unanimously Adopting Resolution 1051, Council Also Approves Establishment of Headquarters Unit to Facilitate Implementation
Acting under Chapter VII of the Charter, the Security Council this afternoon approved an export/import monitoring mechanism to ensure that Iraq did not reconstitute its weapons of mass destruction programmes, and demanded that Iraq unconditionally meet its obligations under that mechanism.
By unanimously adopting resolution 1051 (1996), the Council also approved the establishment of a joint unit at Headquarters -- constituted by the Special Commission charged with monitoring Iraq's weapons capabilities and the International Atomic Energy Agency (IAEA) -- to facilitate the mechanism's implementation. All States shall transmit to the joint unit any relevant information on items and technologies regulated under previous Council resolutions, as well as on attempts to circumvent the mechanism. For its part, Iraq is required to inform the joint unit in respect to all items and technologies covered by the mechanism.
States were called upon to adopt national measures to implement the mechanism as soon as possible, under the resolution's provisions. The Council decided that States will be provided with information necessary for that purpose by the Special Commission and the IAEA Director-General in the next 45 days.
According to the text, the notifications by the States to the joint unit shall be provided from the date when the Secretary-General and the IAEA Director-General report their satisfaction with the preparedness of the States to effectively implement the mechanism. The notifications by Iraq to the joint unit will be required not later than 60 days after the adoption of the resolution. All information provided through the mechanism shall be treated as confidential and restricted to the Special Commission and the IAEA.
According to the resolution, the mechanism it approved is without prejudice to the operation of other non-proliferation agreements or regimes,
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including those referred to in resolution 687 (1991). The Council recognized that the mechanism will not impede Iraq's legitimate right to import or export non-proscribed items and technology necessary for promotion of its economic and social development.
Today's action was taken in response to a proposal put forward, at the Council's request, by the Sanctions Committee established under resolution 661 (1990), the Special Commission and the IAEA Director-General.
Statements were made by the representatives of Italy, Germany, Egypt, Indonesia, United States, France, United Kingdom and the Russian Federation.
The meeting, which was called to order at 12:54 p.m., was adjourned at 1:28 p.m.
Report on Export/Import Monitoring Mechanism for Iraq
When the Security Council met this afternoon it had before it a report which proposes a mechanism for monitoring any future sales or supplies by other countries to Iraq of items that could be used in proscribed weapons programmes, as described in resolution 687 (1991). The report was prepared in response to Council resolution 715 (1991) by: the Sanctions Committee established by resolution 661 (1990) concerning the situation between Iraq and Kuwait; the Special Commission charged with investigating Iraq's biological, chemical and missile capabilities; and the Director General of the International Atomic Energy Agency (IAEA). It is contained in an annex to a letter to the President of the Council dated 7 December 1995 (document S/1995/1017) from the Chairman of the Sanctions Committee.
The unified export/import mechanism, according to the report, is one element of the Special Commission's and IAEA's plans approved by resolution 715 (1991) for monitoring and verifying that Iraq does not reacquire proscribed weapons capabilities. Such monitoring is of indefinite duration and is to continue until terminated by the Council. The mechanism is intended to provide important data, which will serve as a primary tool for ensuring that Iraq does not reconstitute its weapons of mass destruction programme. The mechanism should be in place before any Council decisions are taken to reduce or lift sanctions on items covered in the relevant resolutions.
The report goes on to say that the mechanism is not a regime for international licensing, but rather for the timely provision of information by States in which companies are located which are contemplating sales or supplies to Iraq of items covered by the various sanctions plans. Iraq should also report the export of items subject to the plans. Both the governments of suppliers and Iraq would provide notifications in advance of shipment. The notifications should identify the supplier, give a description of the item or items (including technology) and provide the name of the end-user or consignee and the expected date of shipping/dispatch. The mechanism must be strong enough to deter Iraq and suppliers from potential breaches and must be augmented by the ability of the Special Commission and the IAEA to conduct unrestricted inspections throughout Iraq.
A joint unit, constituted by the Commission and the IAEA, would be established at Headquarters where the largest number of governments are represented, the report states. The unit would receive for action, by the Commission or the IAEA, as the case may be, all communications from governments. The information would be provided on two separate sets of forms -- one for Iraq to complete and the other for the government of the supplier. The forms would be developed by the Commission and the IAEA. An office of export/import specialists would be established in the Baghdad Monitoring and Verification Centre and would serve as an administrative clearing-house for
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communications from Iraq regarding the required notification forms. That office and the Centre would also implement inspections within Iraq to ensure that the mechanism was being complied with.
The report states that the information provided shall be treated as confidential and restricted to the Commission and IAEA. The information provided shall be stored both manually and electronically and collated with other information derived from inspections and declarations, in order to assess the extent of Iraq's compliance. It will also provide an essential tool for the designation of sites, facilities, activities, materials and other items in Iraq for inspection purposes.
The Council also had before it a draft resolution (document S/1996/221), sponsored by France, Germany, Italy, United Kingdom and the United States, which reads as follows:
"The Security Council,
"Reaffirming its resolution 687 (1991) of 8 April 1991, and in particular section C thereof, its resolution 707 (1991) of 15 August 1991 and its resolution 715 (1991) of 11 October 1991 and the plans for ongoing monitoring and verification approved thereunder,
"Recalling the request in paragraph 7 of its resolution 715 (1991) to the Committee established under resolution 661 (1990), the Special Commission and the Director-General of the International Atomic Energy Agency (IAEA) to develop in cooperation a mechanism for monitoring any future sales or supplies by other countries to Iraq of items relevant to the implementation of section C of resolution 687 (1991) and other relevant resolutions, including resolution 715 (1991) and the plans approved thereunder,
"Having considered the letter of 7 December 1995 (S/1995/1017) to the President of the Council form the Chairman of the Committee established under resolution 661 (1990), annex I of which contains the provisions for the mechanism for export/import monitoring called for in paragraph 7 of resolution 715 (1991),
"Recognizing that the export/import monitoring mechanism is an integral part of ongoing monitoring and verification by the Special Commission and the IAEA,
"Recognizing that the export/import mechanism is not a regime for international licensing, but rather for the timely provision of information by States in which companies are located which are contemplating sales or
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supplies to Iraq of items covered by the plans for ongoing monitoring and verification and will not impede Iraq's legitimate right to import or export for non-proscribed purposes, items and technology necessary for the promotion of its economic and social development,
"Acting under Chapter VII of the Charter of the United Nations,
"1. "Approves, pursuant to the relevant provisions of its resolutions 687 (1991) and 715 (1991), the provisions for the monitoring mechanism contained in annex I of the aforementioned letter of 7 December 1995 (S/1995/1017), subject to the terms of this resolution;
"2. "Approves also the general principle to be followed in implementing the monitoring mechanism contained in the letter of 17 July 1995 from the Chairman of the Special Commission to the Chairman of the Committee established under resolution 661 (1990) which is contained in annex II of the aforementioned letter of 7 December 1995 (S/1995/1017);
"3. Affirms that the mechanism approved by this resolution is without prejudice to and shall not impair the operation of existing or future non- proliferation agreements or regimes on the international or regional level including arrangements referred to in resolution 687 (1991), nor shall such agreements or regimes impair the operation of the mechanism;
"4. Confirms, until the Council decides otherwise under its relevant resolutions, that requests by other States for sales to Iraq or requests by Iraq for import of any item or technology to which the mechanism applies shall continue to be addressed to the Committee established under resolution 661 (1990) for decision by the Committee in accordance with paragraph 4 of the mechanism;
"5. Decides, subject to paragraphs 4 and 7 of this resolution, that all States shall:
"(a) Transmit to the joint unit constituted by the Special Commission and the Director-General of the IAEA under paragraph 16 of the mechanism the notifications, with the data from potential exporters, and all other relevant information when available to the States, as requested in the mechanism on the intended sale or supply from their territories of any items or technologies which are subject to such notification in accordance with paragraphs 9, 11, 13, 24, 25, 27 and 28 of the mechanism;
"(b) Report to the joint unit, in accordance with paragraphs 13, 24, 25, 27 and 28 of the mechanism, any information they may have at their disposal or may receive from suppliers in their territories of attempts to circumvent the mechanism or to supply Iraq with items prohibited to Iraq under the plans for
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ongoing monitoring and verification approved by resolution 715 (1991), or where the procedures for special exceptions laid down in paragraphs 24 and 25 of the mechanism have not been followed by Iraq;
"6. Decides that the notifications required under paragraph 5 above shall be provided to the joint unit by Iraq, in respect of all items and technologies referred to in paragraph 12 of the mechanism, as from the date agreed upon between the Special Commission and the Director-General of the IAEA and Iraq, and in any event not later than sixty days after the adoption of this resolution;
"7. Decides that the notifications required under paragraph 5 above shall be provided to the joint unit by all other States as from the date the Secretary-General and the Director General of the IAEA, after their consultations with the members of the Council and other interested States, report to the Council indicating that they are satisfied with the preparedness of States for the effective implementation of the mechanism;
"8. Decides that the information provided through the mechanism shall be treated as confidential and restricted to the Special Commission and the IAEA, to the extent that this is consistent with their respective responsibilities under resolution 715 (1991), other relevant resolutions and the plans for ongoing monitoring and verification approved under resolution 715 (1991);
"9. Affirms, if experience over time demonstrates the need or new technologies so require, that the Council would be prepared to review the mechanism in order to determine whether any changes are required and that the annexes to the plans for ongoing monitoring and verification approved under resolution 715 (1991), which identify the items and technologies to be notified under the mechanism, may be amended in accordance with the plans, after appropriate consultations with interested States and, as laid down in the plans, after notification to the Council;
"10. Decides also that the Committee established under resolution 661 (1990) and the Special Commission shall carry out the functions assigned to them under the mechanism, until the council decides otherwise;
"11. Requests the Director General of the IAEA to carry out, with the assistance and cooperation of the Special Commission, the functions assigned to him under the mechanism;
"12. Calls upon all States and international organizations to cooperate fully with the Committee established under resolution 661 (1990), the Special Commission and the Director General of the IAEA in the fulfilment of their
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tasks in connection with the mechanism, including supplying such information as may be sought by them in implementation of the mechanism;
"13. Calls upon all States to adopt as soon as possible such measures as may be necessary under their national procedures to implement the mechanism;
"14. Decides that all States shall, not later than 45 days after the adoption of this resolution, be provided by the Special Commission and the Director General of the IAEA with information necessary to make preparatory arrangements at the national level prior to the implementation of the provisions of the mechanism;
"15. Demands that Iraq meet unconditionally all its obligations under the mechanism approved by this resolution and cooperate fully with the Special Commission and the Director General of the IAEA in the carrying out of their tasks under this resolution and the mechanism by such means as they may determine in accordance with their mandates from the Council;
"16. Decides to consolidate the periodic requirements for progress reports under its resolutions 699 (1991), 715 (1991) and this resolution and to request the Secretary-General and the Director General of the IAEA to submit such consolidated progress reports every six months to the Council, commencing on 11 April 1996;
"17. Decides to remain seized of the matter."
PAOLO FULCI (Italy) said that when Iraq had fulfilled the relevant Council resolutions, the mechanism would serve that country's best interests by encouraging States to trade with it. Iraq should no longer be able to produce weapons of mass destruction, or to continue programmes it had begun in the past for that purpose. The procedure envisaged in the draft would constitute a sophisticated system whose application represented an unprecedented technological innovation.
He congratulated the Special Commission and the IAEA for their important work in Iraq, which he said was often carried out under difficult conditions. The draft was primarily a technical one, he added, but Iraq's cooperation with its terms would positively impact upon that country's international relations. He appealed to Iraq to fully implement the resolution and to rapidly comply with all other Council resolutions.
TONO EITEL (Germany) said the draft resolution would have the Council approve the mechanism and give it binding force under Chapter VII of the
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Charter. "I am confident that the Special Commission and the IAEA will provide necessary advice and assistance with regard to the implementation of the mechanism."
He said the mechanism would complement other monitoring and verification efforts. It was not an international-licensing regime. Rather, it would monitor activities relevant to prohibited weapons, while not impeding Iraq's legitimate right to import or export items for non-proscribed purposes. "As important as an early application is, it is after the lifting of the sanctions that the mechanism will have its full effect", he said. "As a matter of fact, its implementation is a prerequisite for the lifting of the sanctions." In closing, he paid tribute to the Special Commission, the IAEA and others who had worked to draft the proposals before the Council today. He would vote in favour of the draft.
NABIL ELARBY (Egypt) said the provisions of the draft should not jeopardize the sovereignty and territorial integrity of Iraq. The provisions must not interfere with Iraq's right to import non-proscribed items and technologies necessary for its economic and social development. Iraq must offer full cooperation with the Special Commission in the destruction of all weapons of mass destruction. The creation of the new mechanism represented a strengthening of the existing regime under the relevant resolutions. Specific time limits for the mechanism were not provided in the resolution, which was a cause of concern for Egypt. Measures taken against Iraq to destroy weapons of mass destruction must be considered part of an overall effort to create a Middle East free of all weapons of mass destruction. Although the new mechanism imposed new restrictions with no precedent, Egypt would support the draft resolution.
MAKARIM WIBISONO (Indonesia) said the mechanism was critical for gathering pertinent information to determine whether Iraq's commitments to refrain from reconstituting its proscribed weapons programmes were consistent with its deeds. The unconditional implementation of and compliance with the mechanism was a fundamental prerequisite before any decisions were taken by the Council to reduce or lift sanctions. The purpose of establishing the mechanism was to devise a system for gathering timely information by States in which companies were located which were contemplating sales or supplies to Iraq of items covered by the mechanism. The regime should not undermine Iraq's legitimate right to import or export non-proscribed items and technology necessary for the promotion of its economic and social development.
He said that every effort should be made to ensure that the provisions of the mechanism were systematically applied without prejudice to the operations of existing or future non-proliferation agreements or regimes on the international or regional level. The mechanism should be flexible enough to accommodate changing circumstances. The draft accurately identified and
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addressed the major issues that had been associated with the issue. If Iraq was determined to be in compliance with the relevant resolutions, then the Council should without delay commence a full review of the sanctions imposed on Iraq.
The text was then adopted unanimously as resolution 1051 (1996).
KARL E. INDERFURTH (United States) said the Council had the responsibility to provide the Special Commission with the necessary resources to meet its goal, which was essential to peace in the region. He paid tribute to efforts of the Special Commission and the IAEA, which had paved the way for the resolution's adoption. "We put our complete trust in those two bodies in deciding when States can proceed with the effective implementation of the mechanism."
The mechanism would immediately help the Special Commission in monitoring the low volume of current imports to Iraq, which included some dual-use items, he said. "In the longer run, it will be essential if the Council is to one day be convinced of something we still very much doubt: Iraq's commitment not to develop again weapons of mass destruction." In that sense, the technical step taken today was a prerequisite to the lifting of sanctions. "But the only step that will truly bring us closer to the lifting of sanctions will be a new Iraqi attitude of cooperation with the IAEA, the Special Commission and the Council to meet all of Iraq's obligations."
ALAIN DEJAMMET (France) said his country had actively participated in the drafting of the resolution and supported its adoption by the Council. The mechanism established by the resolution would constitute an indispensable mechanism for long-term monitoring of dual-use goods and technologies once the current sanctions regime could be lifted. He joined others in thanking those who had worked to prepare the text, including the Chairman of the Sanctions Committee, the Special Commission and the IAEA.
DEREK PLUMBLY (United Kingdom) welcomed the resolution's adoption and praised the Special Commission and the IAEA for agreeing on an export-import mechanism for Iraq. Continued vigilance of Iraqi attempts to procure or produce weapons of mass destruction was essential. The export-import mechanism was an important new tool in that process. It would allow the Special Commission and the IAEA to monitor dual-use items and technologies already being imported into Iraq. "This will have increased significance if the discussions on implementing Security Council resolution 986 are successful, leading to an increased flow of goods into Iraq."
He stressed that Iraq must scrupulously respect the 60-day deadline for implementation of the mechanism. It was hoped that all Member States would
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work intensively with the Special Commission and the IAEA to bring the mechanism into effect at the earliest date.
VASILIY S. SIDOROV (Russian Federation) said the resolution clearly stated that the mechanism must not impair the work of other non-proliferation regimes. "In other words, it does not constitute a precedent." The resolution set down the time interval for the provision of the necessary information to States so that they could set up national measures to implement the mechanism.
He said that while he had found it possible to vote for the resolution, there was a need to further develop the specific terms governing the mechanism, such as spelling out the competence for interaction of the basic organs involved in the regime. Specifying the mechanism's functions would serve its effectiveness. Serious questions arose over possible controversial cases arising between suppliers and the mechanism. It would be necessary to ensure that the mechanism not serve to enforce a double standard. "It might seem that we are attaching excessive attention to the details of the mechanism, but it is in the details that the devil is hiding", he said.
He went on to say that it was essential that the Special Commission hold briefings for States to clarify and eliminate their concerns. Taking account of the concerns of States would allow them to support the mechanism. The adoption of the resolution marked only the beginning of the process. It was hoped that the good will shown by his Government in the matter would be appreciated.
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