United Nations Security Council Resolution 1153 – Iraq and Kuwait

Resolution 1153 (1998)

The Security Council,

Recalling its previous relevant resolutions and in particular its resolutions 986 (1995) of 14 April 1995, 1111 (1997) of 4 June 1997, 1129 (1997)of 12 September 1997 and 1143 (1997) of 4 December 1997,

Convinced of the need as a temporary measure to continue to provide for the humanitarian needs of the Iraqi people until the fulfilment by Iraq of the relevant resolutions, including notably resolution 687 (1991) of 3 April 1991,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 those resolutions, and emphasizing the temporary nature of the distribution plan envisaged by this resolution,

Convinced also of the need for equitable distribution of humanitarian supplies to all segments of the Iraqi population throughout the country,

Welcoming the report submitted on 1 February 1998 by the Secretary-General in accordance with paragraph 7 of resolution 1143 (1997) (S/1998/90) and his recommendations, as well as the report submitted on 30 January 1998 in accordance with paragraph 9 of resolution 1143 (1997) by the Committee established by resolution 661 (1990) of 6 August 1990 (S/1998/92),

Noting that the Government of Iraq did not cooperate fully in the preparation of the report of the Secretary-General,

Noting with concern that, despite the ongoing implementation of resolutions986 (1995), 1111 (1997) and 1143 (1997), the population of Iraq continues to face a very serious nutritional and health situation,

Determined to avoid any further deterioration of the current humanitarian situation,

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, shall remain in force for a new period of180 days beginning at 00.01 hours, Eastern Standard Time, on the day after the President of the Council has informed the members of the Council that he has received the report of the Secretary-General requested in paragraph 5 below, on which date the provisions of resolution 1143 (1997), if still in force, shallterminate, except as regards sums already produced pursuant to that resolutionprior to that date;

2. Decides further that the authorization given to States by paragraph 1of resolution 986 (1995) shall permit the import of petroleum and petroleum products originating in Iraq, including financial and other essential transactions directly relating thereto, sufficient to produce a sum, in the180-day period referred to in paragraph 1 above, not exceeding a total of 5.256 billion United States dollars, of which the amounts recommended by the Secretary-General for the food/nutrition and health sectors should be allocated on a priority basis, and of which between 682 million United States dollars and788 million United States dollars shall be used for the purpose referred to in paragraph 8 (b) of resolution 986 (1995), except that if less than 5.256 billion United States dollars worth of petroleum or petroleum products is sold during the 180-day period, particular attention will be paid to meeting the urgent humanitarian needs in the food/nutrition and health sectors and the Secretary-General may provide a proportionately smaller amount for the purpose referred toin paragraph 8 (b) of resolution 986 (1995);

3. Directs the Committee established by resolution 661 (1990) to authorize, on the basis of specific requests, reasonable expenses related to the Hajj pilgrimage, to be met by funds in the escrow account;

4. Requests the Secretary-General to take the actions necessary to ensure the effective and efficient implementation of this resolution, and in particularto enhance the United Nations observation process in Iraq in such a way as toprovide the required assurance to the Council of the equitable distribution of the goods produced in accordance with this resolution and that all supplies authorized for procurement, including dual-usage items and spare parts, are utilized for the purpose for which they have been authorized;

5. Requests the Secretary-General to report to the Council when he has entered into any necessary arrangements or agreements, and approved a distribution plan, submitted by the Government of Iraq, which includes a description of the goods to be purchased and effectively guarantees theirequitable distribution, in accordance with his recommendations that the planshould be ongoing and should reflect the relative priorities of humanitariansupplies as well as their interrelationships within the context of projects oractivities, required delivery dates, preferred points of entry, and targetedobjectives to be achieved;

6. Urges all States, and in particular the Government of Iraq, to providetheir full cooperation in the effective implementation of this resolution;

7. Appeals to all States to cooperate in the timely submission of applications and the expeditious issue of export licences, facilitating the transit of humanitarian supplies authorized by the Committee established by resolution 661 (1990), and taking all other appropriate measures within theircompetence in order to ensure that urgently required humanitarian supplies reachthe Iraqi people as rapidly as possible;

8. Stresses the need to ensure respect for the security and safety of all persons directly involved in the implementation of this resolution in Iraq;

9. Decides to conduct an interim review of the implementation of this resolution 90 days after the entry into force of paragraph 1 above and athorough review of all aspects of its implementation prior to the end of the180-day period, on receipt of the reports referred to in paragraphs 10 and 14below, and expresses its intention, prior to the end of the 180-day period, toconsider favourably the renewal of the provisions of this resolution asappropriate, provided that the reports referred to in paragraphs 10 and 14 belowindicate that those provisions are being satisfactorily implemented;

10. Requests the Secretary-General to make an interim report to the Council 90 days after the entry into force of paragraph 1 above, and to make afull report prior to the end of the 180-day period, on the basis of observationby United Nations personnel in Iraq, and on the basis of consultations with theGovernment of Iraq, on whether Iraq has ensured the equitable distribution of medicine, health supplies, foodstuffs and materials and supplies for essential civilian needs, financed in accordance with paragraph 8 (a) of resolution986 (1995), including in his reports any observations he may have on theadequacy of the revenues to meet Iraq’s humanitarian needs, and on Iraq’scapacity to export sufficient quantities of petroleum and petroleum products toproduce the sum referred to in paragraph 2 above;

11. Takes note of the Secretary-General’s observation that the situation in the electricity sector is extremely grave, and of his intention to return tothe Council with proposals for appropriate funding, requests him to submiturgently a report for this purpose prepared in consultation with the Governmentof Iraq to the Council, and further requests him to submit to the Council otherstudies, drawing upon United Nations agencies as appropriate and in consultationwith the Government of Iraq, on essential humanitarian needs in Iraq includingnecessary improvements to infrastructure;

12. Requests the Secretary-General to establish a group of experts to determine in consultation with the Government of Iraq whether Iraq is able to export petroleum or petroleum products sufficient to produce the total sum referred to in paragraph 2 above and to prepare an independent report on Iraqi production and transportation capacity and necessary monitoring, also requests him in the light of that report to make early and appropriate recommendations and expresses its readiness to take a decision, on the basis of these recommendations and the humanitarian objectives of this resolution,notwithstanding paragraph 3 of resolution 661 (1990), regarding authorization of the export of the necessary equipment to enable Iraq to increase the export ofpetroleum or petroleum products and to give the appropriate directions to theCommittee established by resolution 661 (1990);

13. Requests the Secretary-General to report to the Council, if Iraq is unable to export petroleum or petroleum products sufficient to produce the total sum referred to in paragraph 2 above, and following consultations with relevantUnited Nations agencies and the Iraqi authorities, making recommendations forthe expenditure of the sum expected to be available, consistent with thedistribution plan referred to in paragraph 5 above;

14. Requests the Committee established by resolution 661 (1990), incoordination with the Secretary-General, to report to the Council 90 days after the entry into force of paragraph 1 above and again prior to the end of the180-day period on the implementation of the arrangements in paragraphs 1, 2, 6,8, 9 and 10 of resolution 986 (1995);

15. Requests further the Committee established by resolution 661 (1990) to implement the measures and take action on the steps referred to in its report of 30 January 1998, with regard to the refining and clarifying of its working procedures, to consider the relevant observations and recommendations referred to in the report of the Secretary-General of 1 February 1998 in particular witha view to reducing to the extent possible the delay between the export of petroleum and petroleum products from Iraq and the supply of goods to Iraq inaccordance with this resolution, to report to the Council by 31 March 1998 andthereafter to continue to review its procedures whenever necessary;

16. Decides to remain seized of the matter.

Adopted by the Security Council at its 3855th meeting,on 20 February 1998.