Security Council resolution 712 (1991) [concerning the release of funds from the escrow account for the purpose of humanitarian assistance to Iraq]
Symbol: S/RES/712(1991)
Date: 1991-09-19
Status: adopted
Agenda: S/46 [89] IRAQ-KUWAIT SITUATION
Subjects: UN. Security Council Committee Established by Resolution 661 (1990) concerning the Situation between Iraq and Kuwait|UN Iraq Account|UN. Compensation Fund|UN. Secretary-General|Convention on the Privileges and Immunities of the United Nations (1946)|Charter of the United Nations (1945). Chapter VII|FOOD SUPPLY|MEDICAL SUPPLIES|CIVILIAN PERSONS|PETROLEUM EXPORTS|PETROLEUM REVENUES|HUMANITARIAN ASSISTANCE|SANCTIONS|IRAQ|SPECIAL ACCOUNTS|MEDICAL SUPPLIES|PAYMENTS ARRANGEMENTS|TREATIES|IRAQ-KUWAIT SITUATION
Votes in favour: 13
Votes against: 1
Abstentions: 1
Voting record:
country: AUSTRIA
vote: yes
country: BELGIUM
vote: yes
country: CHINA
vote: yes
country: CÔTE D'IVOIRE
vote: yes
country: CUBA
vote: no
country: ECUADOR
vote: yes
country: FRANCE
vote: yes
country: UNITED KINGDOM
vote: yes
country: INDIA
vote: yes
country: ROMANIA
vote: yes
country: USSR
vote: yes
country: UNITED STATES
vote: yes
country: YEMEN
vote: abstention
country: ZAIRE
vote: yes
country: ZIMBABWE
vote: yes

Resolution 712 (1991)
of 19 September 1991

The Security Council,

Recalling its previous relevant resolutions, and in particular
resolutions 661 (1990) of 6 August 1990, 686 (1991) of 2 March
1991, 687 (1991) of 3 April 1991, 688 (1991) of 5 April 1991,
692 (1991) of 20 May 1991, 699 (1991) of 17 June 1991, and
705 (1991) and 706 (1991) of 15 August 1991,

Expressing its appreciation for the report submitted by the
Secretary-General on 4 September 1991 pursuant to paragraph
5 of resolution 706 (1991), 99

Reaffirming its concern about the nutritional and health
situation of the Iraqi civilian population and the risk of a
further deterioration of this situation, and underlining the need
in this context for fully up-to-date assessments of the situation
in all parts of Iraq as a basis for the equitable distribution of
humanitarian relief to all segments of the Iraqi civilian population,

Recalling that the activities to be carried out by or on
behalf of the Secretary-General to meet the purposes referred
to in resolution 706 (1991) and the present resolution enjoy the
privileges and immunities of the United Nations,

Acting under Chapter VII of the Charter of the United
Nations,

1. Confirms the figure mentioned in paragraph 1 of
resolution 706 (1991) as the sum authorized for the purpose of
that paragraph, and reaffirms its intention to review this sum on
the basis of its ongoing assessment of the needs and requirements, in accordance with paragraph 1 (d) of that resolution;

2. Invites the Security Council Committee established by
resolution 661 (1990) concerning the situation between Iraq and
Kuwait to authorize immediately, pursuant to paragraph 1 (d)
of resolution 706 (1991), the release by the Secretary-General
from the escrow account of the first one-third portion of the
sum referred to in paragraph ! above, such release to take
place as required subject to the availability of funds in the
account and, in the case of payments to finance the purchase of
foodstuffs, medicines and materials and supplies for essential
civilian needs that have been notified or approved in accordance with existing procedures, subject to compliance with the
procedures laid down in the report of the Secretary-Genera 99
as approved in paragraph 3 below,

3. Approves the recommendations contained in paragraphs 57 (d) and 58 of the Secretary-General’s report;

4. Encourages the Secretary-General and the Committee
to cooperate, in close consultation with the Government of
Iraq, on a continuing basis to ensure the most effective
implementation of the scheme approved in the present resolution;

5. Decides that petroleum and petroleum products
subject to resolution 706 (1991) shall, while under Iraqi title, be
immune from legal proceedings and not be subject to any form
of attachment, garnishment or execution, and that all States
shall take any steps that may be necessary under their respective domestic legal systems to assure this protection and to
ensure that the proceeds of sale are not diverted from the
purposes laid down in resolution 706 (1991);

6. Reaffirms that the escrow account to be established by
the United Nations and administered by the Secretary-General
to meet the purposes of resolution 706 (1991) and the present
resolution, like the United Nations Compensation Fund
established by resolution 692 (1991), enjoys the privileges and
immunities of the United Nations;

7. Reaffirms also that the inspectors and other experts on
mission for the United Nations, appointed for the purpose of
the present resolution, enjoy privileges and immunities in
accordance with the Convention on the Privileges and Immunities of the United Nations, 100 and demands that Iraq allow
them full freedom of movement and all necessary facilities;

8. Confirms that funds contributed from other sources
may, if desired, in accordance with paragraph 1 (c) of resolution 706 (1991), be deposited into the escrow account as a
sub-account and be immediately available to meet Iraq’s
humanitarian needs as referred to in paragraph 20 of resolution
687 (1991) without any of the obligatory deductions and
administrative costs specified in paragraphs 2 and 3 of resolution 706 (1991);

9. Urges that any provision to Iraq of foodstuffs, medicines or other items of a humanitarian character, in addition to
those purchased with the funds referred to in paragraph 1
above, be undertaken through arrangements that assure their
equitable distribution to meet humanitarian needs;

10. Requests the Secretary-General to take the actions
necessary to implement the above decisions, and authorizes him
to enter into any arrangements or agreements necessary to
accomplish this;

11. Calls upon States to cooperate fully in the implementation of resolution 706 (1991) and the present resolution, in
particular with respect to any measures regarding the import of
petroleum and petroleum products and the export of foodstuffs,
medicines and materials and supplies for essential civilian needs
as referred to in paragraph 20 of resolution 687 (1991), and
also with respect to the privileges and immunities of the United
Nations and its personnel implementing the present resolution,
and to ensure thai there are no diversions from the purposes
laid down in these resolutions;

12. Decides to remain seized of the matter.

Adopted at the 3008th meeting by 13
votes to 1 (Cuba) with 1 abstention
(Yemen).