United Nations Security Council Resolution 1330 – Iraq and Kuwait

Resolution 1330 (2000)

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 September1997, 1143 (1997) of 4 December 1997, 1153 (1998) of 20 February 1998, 1175(1998) of 19 June 1998, 1210 (1998) of 24 November 1998, 1242 (1999) of 21 May1999, 1266 (1999) of 4 October 1999, 1275 (1999) of 19 November 1999, 1280(1999) of 3 December 1999, 1281 (1999) of 10 December 1999, 1284 (1999) of 17December 1999, 1293 (2000) of 31 March 2000 and 1302 (2000) of 8 June 2000,

Convinced of the need as a temporary measure to continue to provide for thehumanitarian needs of the Iraqi people until the fulfilment by the Government ofIraq of the relevant resolutions, including notably resolution 687 (1991) of 3 April1991, allows the Council to take further action with regard to the prohibitionsreferred to in resolution 661 (1990) of 6 August 1990, in accordance with theprovisions of those resolutions,

Convinced for equitable distribution of humanitarian suppliesto all segments of the Iraqi population throughout the country,

Determined to improve the humanitarian situation in Iraq,

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 and subject to paragraph 15 of resolution 1284(1999), shall remain in force for a new period of 180 days beginning at 00.01 hours,Eastern Standard Time, on 6 December 2000;

2. Further decides that from the sum produced from the import by States ofpetroleum and petroleum products originating in Iraq, including financial and otheressential transactions related thereto, in the 180-day period referred to inparagraph 1 above, the amounts recommended by the Secretary-General in his reportof 1 February 1998 (S/1998/90) for the food/nutrition and health sectors shouldcontinue to be allocated on a priority basis in the context of the activities of the Secretariat, of which 13 per cent of the sum produced in the period referred to aboveshall be used for the purposes referred to in paragraph 8 (b) of resolution 986(1995);

3. Requests the Secretary-General to continue to take the actions necessaryto ensure the effective and efficient implementation of this resolution, and tocontinue to enhance as necessary the United Nations observation process in Iraq Including, within 90 days of the adoption of this resolution, to complete therecruitment and placement in Iraq of a sufficient number of observers, in particularthe recruitment of the number of observers agreed between the Secretary-Generaland the Government of Iraq, in such a way as to provide the required assurance tothe Council that the goods produced in accordance with this resolution aredistributed equitably and that all supplies authorized for procurement, including dualusage items and spare parts, are utilized for the purpose for which they have been authorized, including in the housing sector and related infrastructure development;

4. Decides to conduct a thorough review of all aspects of theimplementation of this resolution 90 days after the entry into force of paragraph 1above and again prior to the end of the 180-day period, and expresses its intention,prior to the end of the 180-day period, to consider favourably renewal of theprovisions of this resolution as appropriate, provided that the reports referred to inparagraphs 5 and 6 below indicate that those provisions are being satisfactorily implemented;

5. Requests the Secretary-General to provide a comprehensive report to theCouncil 90 days after the date of entry into force of this resolution on itsimplementation and again at least one week prior to the end of the 180-day period,on the basis of observations of United Nations personnel in Iraq, and ofconsultations with the Government of Iraq, on whether Iraq has ensured theequitable distribution of medicine, health supplies, foodstuffs, and materials andsupplies for essential civilian needs, financed in accordance with paragraph 8 (a) ofresolution 986 (1995), including in his reports any observations which he may haveon the adequacy of the revenues to meet Iraq’s humanitarian needs;

6. Requests the Committee established by resolution 661 (1990), in closeconsultation with the Secretary-General, to report to the Council 90 days after theentry into force of paragraph 1 above and prior to the end of the 180-day period onthe implementation of the arrangements in paragraphs 1, 2, 6, 8, 9 and 10 ofresolution 986 (1995);

7. Decides that from the funds produced pursuant to this resolution in theescrow account established by paragraph 7 of resolution 986 (1995), up to a total of600 million United States dollars may be used to meet any reasonable expenses,other than expenses payable in Iraq, which follow directly from the contractsapproved in accordance with paragraph 2 of resolution 1175 (1998) and paragraph18 of resolution 1284 (1999), and expresses its intention to consider favourably therenewal of this measure;

8. Expresses its readiness to consider, in the light of the cooperation of theGovernment of Iraq in implementing all the resolutions of the Council, allowing asum of 15 million United States dollars drawn from the escrow account to be usedfor the payment of the arrears in Iraq’s contribution to the budget of the United Nations, and considers that this sum should be transferred from the account createdpursuant to paragraph 8 (d) of resolution 986 (1995);

9. Requests the Secretary-General to take the necessary steps to transfer theexcess funds drawn from the account created pursuant to paragraph 8 (d) ofresolution 986 (1995) for the purposes set out in paragraph 8 (a) of resolution 986(1995) in order to increase the funds available for humanitarian purchases, includingas appropriate the purposes referred to in paragraph 24 of resolution 1284 (1999);

10. Directs the Committee established by resolution 661 (1990) to approve,on the basis of proposals from the Secretary-General, lists of basic electricity andhousing supplies consistent with the priority given to the most vulnerable groups inIraq, decides, notwithstanding paragraph 3 of resolution 661 (1990) and paragraph20 of resolution 687 (1991), that supplies of these items will not be submitted forapproval of that Committee, except for items subject to the provisions of resolution1051 (1996), and will be notified to the Secretary-General and financed inaccordance with the provisions of paragraphs 8 (a) and 8 (b) of resolution 986(1995), requests the Secretary-General to inform the Committee in a timely mannerof all such notifications received and actions taken, and expresses its readiness toconsider such action with regard to lists of further supplies, in particular in thetransport and telecommunications sectors;

11. Requests the Secretary-General to expand and update, within 30 days ofthe adoption of this resolution, the lists of humanitarian items submitted inaccordance with paragraph 17 of resolution 1284 (1999) and paragraph 8 ofresolution 1302 (2000), directs the Committee established by resolution 661 (1990)to approve expeditiously the expanded lists, decides that supplies of these items willnot be submitted for approval of the Committee established by resolution 661(1990), except for items subject to the provisions of resolution 1051 (1996), and willbe notified to the Secretary-General and financed in accordance with the provisionsof paragraphs 8 (a) and 8 (b) of resolution 986 (1995), and requests the Secretary-General to inform the Committee in a timely manner of all such notificationsreceived and actions taken;

12. Decides that the effective deduction rate of the funds deposited in theescrow account established by resolution 986 (1995) to be transferred to theCompensation Fund in the 180-day period shall be 25 per cent, further decides thatthe additional funds resulting from this decision will be deposited into the accountestablished under paragraph 8 (a) of resolution 986 (1995) to be used for strictlyhumanitarian projects to address the needs of the most vulnerable groups in Iraq asreferred to in paragraph 126 of the report of the Secretary-General of 29 November2000 (S/2000/1132), requests the Secretary-General to report on the use of thesefunds in his reports referred to in paragraph 5 above, and expresses its intention toestablish a mechanism to review, before the end of the 180-day period, the effectivededuction rate of the funds deposited in the escrow account to be transferred to theCompensation Fund in future phases, taking into account the key elements of thehumanitarian needs of the Iraqi people;

13. Urges the Committee established by resolution 661 (1990) to review applications in an expeditious manner, to decrease the level of applications on holdand to continue to improve the approval process of applications, and in this regardstresses the importance of the full implementation of paragraph 3 above;

14. Urges all States submitting applications, all financial institutions,including the Central Bank of Iraq, and the Secretariat, to take steps to minimize theproblems identified in the report of the Secretary-General of 29 November 2000pursuant to paragraph 5 of resolution 1302 (2000);

15. Requests the Secretary-General to make the necessary arrangements,subject to the approval of the Council, to allow funds deposited in the escrowaccount established by resolution 986 (1995) to be used for the purchase of locally produced goods and to meet the local cost for essential civilian needs which havebeen funded in accordance with the provisions of resolution 986 (1995) and relatedresolutions, including, where appropriate, the cost of installation and trainingservices, and further requests the Secretary-General to make the necessaryarrangements, subject to the approval of the Council, to allow funds up to 600million euros deposited in the escrow account established by resolution 986 (1995)to be used for the cost of installation and maintenance, including training services,of the equipment and spare parts for the oil industry which have been funded inaccordance with the provisions of resolution 986 (1995) and related resolutions, andcalls upon the Government of Iraq to cooperate in the implementation of all sucharrangements;

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

17. Calls upon the Government of Iraq to take the remaining steps necessaryto implement paragraph 27 of resolution 1284 (1999), and further requests theSecretary-General to include in his reports under paragraph 5 above a review of theprogress made by the Government of Iraq in the implementation of these measures;

18. Requests also the Secretary-General to prepare a report as expeditiouslyas possible but no later than 31 March 2001 for the Committee established byresolution 661 (1990) containing proposals for the use of additional export routesfor petroleum and petroleum products, under appropriate conditions otherwise consistent with the purpose and provisions of resolution 986 (1995) and relatedresolutions, and particularly addressing the possible pipelines that might be utilizedas additional export routes;

19. Reiterates its request in paragraph 8 of resolution 1284 (1999) to theExecutive Chairman of the United Nations Monitoring, Verification and InspectionCommission and to the Director General of the International Atomic Energy Agency to complete by the end of this period the revision and updating of the lists of itemsand technology to which the import/export mechanism approved by resolution 1051(1996) applies;

20. Stresses the need to continue to ensure respect for the security and safety of all persons directly involved in the implementation of this resolution in Iraq, andcalls upon the Government of Iraq to complete its investigation into the death ofemployees of the Food and Agriculture Organization and to forward it to theCouncil;

21. Appeals to all States to continue 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 to take all other appropriate measures within their competence in order to ensure that urgently needed humanitarian supplies reach the Iraqi people as rapidly as possible;

22. Decides to remain seized of the matter.

Adopted by the Security Council at its 4241st meeting, on 5 December 2000.