original document
 
 23/ 10/ 2002
 

Draft of a U.S.-British Resolution on Iraq

 

 Following is the working version of an Iraq resolution drafted by the
United States and Britain, not including the preamble, as it stood late
Sunday. It has been under negotiation in closed meetings since then.

[The Security Council]

1. DECIDES that Iraq is still, and has been for a number of years, in
material breach of its obligations under relevant resolutions, including
Resolutions 687 (1991), in particular through Iraq's failure to cooperate
with United Nations inspectors and the I.A.E.A. (International Atomic
Energy Agency), and to complete the actions required under Paragraphs 8 to
13 of Resolution 687 (1991);

2. 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 further material breach of Iraq's obligations;

3. RECALLS that the Council has repeatedly warned Iraq that it will face
serious consequences as a result of its continued violations of its
obligations;

4. 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 United Nations
Monitoring, Verification and Inspection Commission) and the Security
Council prior to the beginning of inspections, and not later than 30 days
from the date of this resolution, an acceptable and currently accurate,
full and complete declaration of all aspects of its programs 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, subcomponents, 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 programs, including any which it claims are for
purposes not related to weapon production or material;

5. DECIDES that Iraq shall provide Unmovic and I.A.E.A. 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 I.A.E.A. wish to interview in the mode or location of Unmovic's
or I.A.E.A.'s choice, pursuant to any aspect of their mandates; further
decides that Unmovic and I.A.E.A. 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 such interviews
shall occur without the presence of observers from the Iraqi government;
and instructs Unmovic and requests the I.A.E.A. 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 I.A.E.A. to General (Amir)
al-Saadi of the government of Iraq, which is annexed hereto, and decides
that the letter shall be binding upon Iraq;

7. DECIDES that in view of the prolonged interruption by Iraq of the
presence of Unmovic and I.A.E.A., and in order for them to accomplish the
tasks set forth in Paragraph 3 above, the Security Council hereby
establishes the following revised or additional procedures, which shall be
binding upon Iraq notwithstanding prior understandings, to facilitate
their work in Iraq:

Unmovic and I.A.E.A. shall determine the personnel on their inspection
teams, and all their personnel shall enjoy the privileges and immunities
corresponding to those of experts on mission;

Notwithstanding any of the restrictions imposed by Resolution 1284
(1999), the sole criterion guiding Unmovic and I.A.E.A. staffing decisions
shall be to ensure that each inspection team is led by and composed of the
international community's most accomplished, dedicated and experienced
experts;

Unmovic and I.A.E.A. 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 unrestricted access to Presidential sites equal to that at other
sites, notwithstanding the provisions of Resolution 1154 (1998);

Unmovic and I.A.E.A. shall be provided regional bases and operating bases
throughout Iraq, including offices for inspection teams in regions outside
of Baghdad;

Unmovic and I.A.E.A. shall have the right to the names of all personnel
associated with Iraq's chemical, biological, nuclear and ballistic missile
programs and the associated research, development and production
facilities;

Unmovic and I.A.E.A. teams shall be accompanied at their bases by 
sufficient U.N. security guards to ensure security there;

Unmovic and I.A.E.A. shall have the right to declare, for the purposes of
freezing a site to be inspected, no-fly/no-drive zones, exclusion zones
and/or ground and air transit corridors, which shall be enforced by U.N.
security forces or by member states);

Unmovic and I.A.E.A. shall have the free and unrestricted use and landing
of fixed and rotary winged aircraft, including unmanned reconnaissance
vehicles;

Unmovic and I.A.E.A. 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;

Unmovic and I.A.E.A. shall have the right to unrestricted voice and data
communications, including encrypted communications; 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; and,

Unmovic and I.A.E.A. shall have access to any information that any member
state is willing to provide;

8. DECIDES further that Iraq shall immediately cease and shall not take or
threaten hostile acts directed against any representative or personnel of
the United Nations or of any member state taking action to uphold any
Security Council resolution;

9. REQUESTS the secretary general immediately to notify Iraq of this
resolution and decides that within seven days following such notification,
Iraq shall state its acceptance;

10. REQUESTS all member states to give full support to Unmovic and the
I.A.E.A. in the discharge of their mandates, including by providing any
information 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 I.A.E.A.;

11. DIRECTS the executive chairman of Unmovic and the director general of
the I.A.E.A. 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 Paragraph 11 above, in order to consider the situation and the need
for full compliance with all of the relevant Security Council resolutions,
in order to restore international peace and security;

13. DECIDES to remain seized of the matter.