ANNEX
The Security Council
Recalling all its previous
relevant resolutions, in particular its resolutions 661 (1990)
of 6 August 1990, 678 (1990) of 29 November 1990, 686 (1991) of
2 March 1991, 687 (1991) of 3 April 1991, 688 (1991) of 5 April
1991, 707 (1991) of 15 August 1991, 715 (1991) of 11 October 1991,
986 (1995) of 14 April 1995, and 1284 (1999) of 17 December 1999,
and all the relevant statements of its President,
Recalling also its resolution
1382 (2001) of 29 November 2001 and its intention to implement
it fully,
Recognizing the threat
Iraq's noncompliance with Council resolutions and proliferation
of weapons of mass destruction and long-range missiles poses to
international peace and security,
Recalling that its resolution
678 (1990) authorized Member States to use all necessary means
to uphold and implement its resolution 660 (1990) of 2 August
1990 and all relevant resolutions subsequent to Resolution 660
(1990) and to restore international peace and security in the
area,
Further recalling that
its resolution 687 (1991) imposed obligations on Iraq as a necessary
step for achievement of its stated objective of restoring international
peace and security in the area,
Deploring the fact that
Iraq has not provided an accurate, full, final, and complete disclosure,
as required by resolution 687 (1991), of all aspects of its programmes
to develop weapons of mass destruction and ballistic missiles
with a range greater than one hundred and fifty kilometres, and
of all holdings of such weapons, their components and production
facilities and locations, as well as all other nuclear programmes,
including any which it claims are for purposes not related to
nuclear-weapons-usable material,
Deploring further that
Iraq repeatedly obstructed immediate, unconditional, and unrestricted
access to sites designated by the United Nations Special Commission
(UNSCOM) and the International Atomic Energy Agency (IAEA), failed
to cooperate fully and unconditionally with UNSCOM and IAEA weapons
inspectors, as required by resolution 687 (1991), and ultimately
ceased all cooperation with UNSCOM and the IAEA in 1998,
Deploring the absence,
since December 1998, in Iraq of international monitoring, inspection,
and verification, as required by relevant resolutions, of weapons
of mass destruction and ballistic missiles, in spite of the Council's
repeated demands that Iraq provide immediate, unconditional, and
unrestricted access to the United Nations Monitoring, Verification
and Inspection Commission (UNMOVIC), established in resolution
1284 (1999) as the successor organization to UNSCOM, and the IAEA,
and regretting the consequent prolonging of the crisis in the
region and the suffering of the Iraqi people,
Deploring also that the
Government of Iraq has failed to comply with its commitments pursuant
to resolution 687 (1991) with regard to terrorism, pursuant to
resolution 688 (1991) to end repression of its civilian population
and to provide access by international humanitarian organizations
to all those in need of assistance in Iraq, and pursuant to resolutions
686 (1991), 687 (1991), and 1284 (1999) to return or cooperate
in accounting for Kuwaiti and third country nationals wrongfully
detained by Iraq, or to return Kuwaiti property wrongfully seized
by Iraq,
Recalling that in its
resolution 687 (1991) the Council declared that a ceasefire would
be based on acceptance by Iraq of the provisions of that resolution,
including the obligations on Iraq contained therein,
Determined to ensure full
and immediate compliance by Iraq without conditions or restrictions
with its obligations under resolution 687 (1991) and other relevant
resolutions and recalling that the resolutions of the Council
constitute the governing standard of Iraqi compliance,
Recalling that the effective
operation of UNMOVIC, as the successor organization to the Special
Commission, and the IAEA is essential for the implementation of
resolution 687 (1991) and other relevant resolutions,
Noting the letter dated
16 September 2002 from the Minister for Foreign Affairs of Iraq
addressed to the Secretary General is a necessary first step toward
rectifying Iraq's continued failure to comply with relevant Council
resolutions,
Noting further the letter
dated 8 October 2002 from the Executive Chairman of UNMOVIC and
the Director General of the IAEA to General Al-Saadi of the Government
of Iraq laying out the practical arrangements, as a follow-up
to their meeting in Vienna, that are prerequisites for the resumption
of inspections in Iraq by UNMOVIC and the IAEA, and expressing
the gravest concern at the continued failure by the Government
of Iraq to provide confirmation of the arrangements as laid out
in that letter,
Reaffirming the commitment
of all Member States to the sovereignty and territorial integrity
of Iraq, Kuwait, and the neighbouring States,
Commending the Secretary
General and members of the League of Arab States and its Secretary
General for their efforts in this regard,
Determined to secure full
compliance with its decisions,
Acting under Chapter VII
of the Charter of the United Nations,
1. Decides that Iraq has been and remains in material
breach of its obligations under relevant resolutions, including
resolution 687 (1991), in particular through Iraq's failure to
cooperate with United Nations inspectors and the IAEA, and to
complete the actions required under paragraphs 8 to 13 of resolution
687 (1991);
2. Decides, while acknowledging paragraph 1 above,
to afford Iraq, by this resolution, a final opportunity to comply
with its disarmament obligations under relevant resolutions of
the Council; and accordingly decides to set up an enhanced inspection
regime with the aim of bringing to full and verified completion
the disarmament process established by resolution 687 (1991) and
subsequent resolutions of the Council;
3. Decides that, in order to begin to comply with
its disarmament obligations, in addition to submitting the required
biannual declarations, the Government of Iraq shall provide to
UNMOVIC, the IAEA, and the Council, not later than 30 days from
the date of this resolution, a currently accurate, full, and complete
declaration of all aspects of its programmes to develop chemical,
biological, and nuclear weapons, ballistic missiles, and other
delivery systems such as unmanned aerial vehicles and dispersal
systems designed for use on aircraft, including any holdings and
precise locations of such weapons, components, sub-components,
stocks of agents, and related material and equipment, the locations
and work of its research, development and production facilities,
as well as all other chemical, biological, and nuclear programmes,
including any which it claims are for purposes not related to
weapon production or material;
4. Decides that false statements or omissions in
the declarations submitted by Iraq pursuant to this resolution
and failure by Iraq at any time to comply with, and cooperate
fully in the implementation of, this resolution shall constitute
a further material breach of Iraq's obligations and will be reported
to the Council for assessment in accordance with paragraphs 11
and 12 below;
5. Decides that Iraq shall provide UNMOVIC and the
IAEA immediate, unimpeded, unconditional, and unrestricted access
to any and all, including underground, areas, facilities, buildings,
equipment, records, and means of transport which they wish to
inspect, as well as immediate, unimpeded, unrestricted, and private
access to all officials and other persons whom UNMOVIC or the
IAEA wish to interview in the mode or location of UNMOVIC's or
the IAEA's choice pursuant to any aspect of their mandates; further
decides that UNMOVIC and the IAEA may at their discretion conduct
interviews inside or outside of Iraq, may facilitate the travel
of those interviewed and family members outside of Iraq, and that,
at the sole discretion of UNMOVIC and the IAEA, such interviews
may occur without the presence of observers from the Iraqi government;
and instructs UNMOVIC and requests the IAEA to resume inspections
no later than 45 days following adoption of this resolution and
to update the Council 60 days thereafter;
6. Endorses the 8 October 2002 letter from the Executive
Chairman of UNMOVIC and the Director General of the IAEA to General
Al-Saadi of the Government of Iraq, which is annexed hereto, and
decides that the contents of the letter shall be binding upon
Iraq;
7. Decides further that, in view of the prolonged
interruption by Iraq of the presence of UNMOVIC and the IAEA and
in order for them to accomplish the tasks set forth in this resolution
and all previous relevant resolutions and notwithstanding prior
understandings, the Council hereby establishes the following revised
or additional authorities, which shall be binding upon Iraq, to
facilitate their work in Iraq:
· UNMOVIC and the IAEA shall determine the
composition of their inspection teams and ensure that these teams
are composed of the most qualified and experienced experts available;
· All UNMOVIC and IAEA personnel shall enjoy
the privileges and immunities, corresponding to those of experts
on mission, provided in the Convention on Privileges and Immunities
of the United Nations and the Agreement on the Privileges and
Immunities of the IAEA;
· UNMOVIC and the IAEA shall have unrestricted
rights of entry into and out of Iraq, the right to free, unrestricted,
and immediate movement to and from inspection sites, and the right
to inspect any sites and buildings, including immediate, unimpeded,
unconditional, and unrestricted access to Presidential Sites equal
to that at other sites, notwithstanding the provisions of resolution
1154 (1998);
· UNMOVIC and the IAEA shall have the right
to be provided by Iraq the names of all personnel currently and
formerly associated with Iraq's chemical, biological, nuclear,
and ballistic missile programmes and the associated research,
development, and production facilities;
· Security of UNMOVIC and IAEA facilities
shall be ensured by sufficient UN security guards;
· UNMOVIC and the IAEA shall have the right
to declare, for the purposes of freezing a site to be inspected,
exclusion zones, including surrounding areas and transit corridors,
in which Iraq will suspend ground and aerial movement so that
nothing is changed in or taken out of a site being inspected;
· UNMOVIC and the IAEA shall have the free
and unrestricted use and landing of fixed- and rotary-winged aircraft,
including manned and unmanned reconnaissance vehicles;
· UNMOVIC and the IAEA shall have the right
at their sole discretion verifiably to remove, destroy, or render
harmless all prohibited weapons, subsystems, components, records,
materials, and other related items, and the right to impound or
close any facilities or equipment for the production thereof;
and
· UNMOVIC and the IAEA shall have the right
to free import and use of equipment or materials for inspections
and to seize and export any equipment, materials, or documents
taken during inspections, without search of UNMOVIC or IAEA personnel
or official or personal baggage;
8. Decides further that Iraq shall not take or threaten
hostile acts directed against any representative or personnel
of the United Nations or the IAEA or of any Member State taking
action to uphold any Council resolution;
9. Requests the Secretary General immediately to
notify Iraq of this resolution, which is binding on Iraq; demands
that Iraq confirm within seven days of that notification its intention
to comply fully with this resolution; and demands further that
Iraq cooperate immediately, unconditionally, and actively with
UNMOVIC and the IAEA;
10. Requests all Member States to give full support
to UNMOVIC and the IAEA in the discharge of their mandates, including
by providing any information related to prohibited programmes
or other aspects of their mandates, including on Iraqi attempts
since 1998 to acquire prohibited items, and by recommending
sites to be inspected, persons to be interviewed, conditions of
such interviews, and data to be collected, the results of which
shall be reported to the Council by UNMOVIC and the IAEA;
11. Directs the Executive Chairman of UNMOVIC and
the Director General of the IAEA to report immediately to the
Council any interference by Iraq with inspection activities, as
well as any failure by Iraq to comply with its disarmament obligations,
including its obligations regarding inspections under this resolution;
12. Decides to convene immediately upon receipt of
a report in accordance with paragraphs 4 or 11 above, in order
to consider the situation and the need for full compliance with
all of the relevant Council resolutions in order to secure international
peace and security;
13. Recalls, in that context, that the Council has
repeatedly warned Iraq that it will face serious consequences
as a result of its continued violations of its obligations;
14. Decides to remain seized of the matter.
ANNEX A
Text Of Blix/el-baradei Letter
United Nations Monitoring, Verification And Inspection
CommissionThe Executive Chairman
International Atomic Energy Agency The Director
General
8 October 2002
Dear General Al-Saadi,
During our recent meeting in Vienna, we discussed
practical arrangements that are prerequisites for the resumption
of inspections in Iraq by UNMOVIC and the IAEA. As you recall,
at the end of our meeting in Vienna we agreed on a statement which
listed some of the principal results achieved, particularly Iraq's
acceptance of all the rights of inspection provided for in all
of the relevant Security Council resolutions. This acceptance
was stated to be without any conditions attached.
During our 3 October 2002 briefing to the Security
Council, members of the Council suggested that we prepare a written
document on all of the conclusions we reached in Vienna. This
letter lists those conclusions and seeks your confirmation thereof.
We shall report accordingly to the Security Council.
In the statement at the end of the meeting, it was
clarified that UNMOVIC and the IAEA will be granted immediate,
unconditional and unrestricted access to sites, including what
was termed "sensitive sites" in the past. As we noted,
however, eight presidential sites have been the subject of special
procedures under a Memorandum of Understanding of 1998. Should
these sites be subject, as all other sites, to immediate, unconditional
and unrestricted access, UNMOVIC and the IAEA would conduct inspections
there with the same professionalism.
H.E. General Amir H. Al-Saadi
Advisor
Presidential Office
Baghdad
Iraq
We confirm our understanding that UNMOVIC and the
IAEA have the right to determine the number of inspectors required
for access to any particular site. This determination will be
made on the basis of the size and complexity of the site being
inspected. We also confirm that Iraq will be informed of the designation
of additional sites, i.e. sites not declared by Iraq or previously
inspected by either UNSCOM or the IAEA, through a Notification
of Inspection (NIS) provided upon arrival of the inspectors at
such sites.
Iraq will ensure that no proscribed material, equipment,
records or other relevant items will be destroyed except in the
presence of UNMOVIC and/or IAEA inspectors, as appropriate, and
at their request.
UNMOVIC and the IAEA may conduct interviews with
any person in Iraq whom they believe may have information relevant
to their mandate. Iraq will facilitate such interviews. It is
for UNMOVIC and the IAEA to choose the mode and location for interviews.
The National Monitoring Directorate (NMD) will, as
in the past, serve as the Iraqi counterpart for the inspectors.
The Baghdad Ongoing Monitoring and Verification Centre (BOMVIC)
will be maintained on the same premises and under the same conditions
as was the former Baghdad Monitoring and Verification Centre.
The NMD will make available services as before, cost free, for
the refurbishment of the premises.
The NMD will provide free of cost:
(a) escorts to facilitate access to sites to be inspected
and communication with personnel to be interviewed;
(b) a hotline for BOMVIC which will be staffed by
an English speaking person on a 24 hour a day/seven days a week
basis;
(c) support in terms of personnel and ground transportation
within the country, as requested; and
(d) assistance in the movement of materials and equipment
at Inspectors' request (construction, excavation equipment, etc.).
NMD will also ensure that escorts are available in
the event of inspections outside normal working hours, including
at night and on holidays.
Regional UNMOVIC/IAEA offices may be established,
for example, in Basra and Mosul, for the use of their inspectors.
For this purpose, Iraq will provide, without cost, adequate office
buildings, staff accommodation, and appropriate escort personnel.
UNMOVIC and the IAEA may use any type of voice or
data transmission, including satellite and/or inland networks,
with or without encryption capability. UNMOVIC and the IAEA may
also install equipment in the field with the capability for transmission
of data directly to the BOMVIC, New York and Vienna (e.g. sensors,
surveillance cameras). This will be facilitated by Iraq and there
will be no interference by Iraq with UNMOVIC or IAEA communications.
Iraq will provide, without cost, physical protection
of all surveillance equipment, and construct antennae for remote
transmission of data, at the request of UNMOVIC and the IAEA.
Upon request by UNMOVIC through the NMD, Iraq will allocate frequencies
for communications equipment.
Iraq will provide security for all UNMOVIC and IAEA
personnel. Secure and suitable accommodations will be designated
at normal rates by Iraq for these personnel. For their part, UNMOVIC
and the IAEA will require that their staff not stay at any accommodation
other than those identified in consultation with Iraq.
On the use of fixed-wing aircraft for transport of
personnel and equipment and for inspection purposes, it was clarified
that aircraft used by UNMOVIC and IAEA staff arriving in Baghdad
may land at Saddam International Airport. The points of departure
of incoming aircraft will be decided by UNMOVIC. The Rasheed airbase
will continue to be used for UNMOVIC and IAEA helicopter operations.
UNMOVIC and Iraq will establish air liaison offices at the airbase.
At both Saddam International Airport and Rasheed airbase, Iraq
will provide the necessary support premises and facilities. Aircraft
fuel will be provided by Iraq, as before, free of charge.
On the wider issue of air operations in Iraq, both
fixed-wing and rotary, Iraq will guarantee the safety of air operations
in its air space outside the no-fly zones. With regard to air
operations in the no-fly zones, Iraq will take all steps within
its control to ensure the safety of such operations.
Helicopter flights may be used, as needed, during
inspections and for technical activities, such as gamma detection,
without limitation in all parts of Iraq and without any area excluded.
Helicopters may also be used for medical evacuation.
On the question of aerial imagery, UNMOVIC may wish
to resume the use of U-2 or Mirage overflights. The relevant practical
arrangements would be similar to those implemented in the past.
As before, visas for all arriving staff will be issued
at the point of entry on the basis of the UN Laissez-Passer or
UN Certificate; no other entry or exit formalities will be required.
The aircraft passenger manifest will be provided one hour in advance
of the arrival of the aircraft in Baghdad. There will be no searching
of UNMOVIC or IAEA personnel or of official or personal baggage.
UNMOVIC and the IAEA will ensure that their personnel respect
the laws of Iraq restricting the export of certain items, for
example, those related to Iraq's national cultural heritage. UNMOVIC
and the IAEA may bring into, and remove from, Iraq all of the
items and materials they require, including satellite phones and
other equipment. With respect to samples, UNMOVIC and IAEA will,
where feasible, split samples so that Iraq may receive a portion
while another portion is kept for reference purposes. Where appropriate,
the organizations will send the samples to more than one laboratory
for analysis.
We would appreciate your confirmation of the above
as a correct reflection of our talks in Vienna.
Naturally, we may need other practical arrangements
when proceeding with inspections. We would expect in such matters,
as with the above, Iraq's co-operation in all respect.
Yours sincerely,
Hans Blix Executive Chairman United Nations Monitoring,
Verification and Inspection Commission
Mohamed El Baradei
Director General
International Atomic Energy Agency
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