United Nations Security Council Resolution 1409 – Situation between Iraq and Kuwait
Resolution 1409 (2002)
The Security Council,
Recalling its previous relevant resolutions, including resolutions 986 (1995) of14 April 1995, 1284 (1999) of 17 December 1999, 1352 (2001) of 1 June 2001,1360 (2001) of 3 July 2001, and 1382 (2001) of 29 November 2001, as they relate to the improvement of the humanitarian programme for Iraq,
Convinced of the need as a temporary measure to continue to provide for the civilian needs of the Iraqi people until the fulfilment by the Government of Iraq of the relevant resolutions, including notably resolutions 687 (1991) of 3 April 1991and 1284 (1999), 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 these resolutions,
Recalling its decision in resolution 1382 (2001) to adopt the proposed Goods Review List and procedures for its application annexed to resolution 1382 (2001),subject to any refinements to them agreed by the Council in light of further consultations, for implementation beginning on 30 May 2002,
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,
- Decides that the provisions of resolution 986 (1995), except those contained in paragraphs 4, 11 and 12, and the provisions of paragraphs 2, 3 and 5 to 13 of resolution 1360 (2001), and subject to paragraph 15 of resolution 1284 (1999)and the other provisions of this present resolution, shall remain in force for a new period of 180 days beginning at 0001 hours, Eastern Daylight Time, on 30 May2002;
2. Decides to adopt the revised Goods Review List (S/2002/515) and the revised attached procedures for its application for implementation beginning at 0001hours, Eastern Daylight Time, on 30 May 2002 as a basis for the humanitarian programme in Iraq as referred to in resolution 986 (1995) and other relevant resolutions;
3. Authorizes States, beginning at 0001 hours, Eastern Daylight Time, on 30May 2002, to permit, notwithstanding the provisions of paragraph 3 of resolution661 (1990) and subject to the procedures for the application of the Goods ReviewList (S/2002/515), the sale or supply of any commodities or products other than commodities or products referred to in paragraph 24 of resolution 687 (1991) as itrelates to military commodities and products, or military-related commodities orproducts covered by the Goods Review List (S/2002/515) pursuant to paragraph 24of resolution 687 (1991) whose sale or supply to Iraq has not been approved by theCommittee established pursuant to resolution 661 (1990);
4. Decides that, beginning at 0001 hours, Eastern Daylight Time, on 30 May2002, the funds in the escrow account established pursuant to paragraph 7 ofresolution 986 (1995) may also be used to finance the sale or supply to Iraq of thosecommodities or products that are authorized for sale or supply to Iraq underparagraph 3 above, provided that the conditions of paragraph 8 (a) of resolution 986(1995) are met;
5. Decides to conduct regularly thorough reviews of the Goods Review List And the procedures for its implementation and to consider any necessary adjustment and further decides that the first such review and consideration of necessary adjustment shall be conducted prior to the end of the 180-day period established pursuant to paragraph 1 above;
6. Decides that, for the purposes of this resolution, references in resolution1360 (2001) to the 150-day period established by that resolution shall be interpreted to refer to the 180-day period established pursuant to paragraph 1 above;
7. Requests that the Secretary-General and the Committee established pursuant to resolution 661 (1990) submit at least two weeks prior to the end of the180-day period the reports referred to in paragraphs 5 and 6 of resolution 1360(2001);
8. Requests the Secretary-General, in consultation with interested parties, to submit an assessment report on the implementation of the Goods Review List and its procedures by the end of the next period of implementation of resolution 986 (1995) beginning on 30 May 2002 and to include in the report recommendations on any necessary revision of the Goods Review List and its procedures, including the processing of contracts under paragraph 20 of resolution 687 (1991) and the utility of the Distribution Plan as referred to in paragraph 8 (a) (ii) of resolution 986(1995);
9. Decides to remain seized of the matter.
Adopted by the Security Council at its 4531st meeting, on 14 May 2002.
