Security Council resolution 1859 (2008) [on extension of the arrangements for the depositing into the Development Fund for Iraq of proceeds from export sales of petroleum, petroleum products and natural gas]
Symbol: S/RES/1859(2008)
Date: 2008-12-22
Status: adopted
Agenda: S/63 [119] IRAQ SITUATION
Subjects: Development Fund for Iraq|Development Fund for Iraq. International Advisory and Monitoring Board|IMF|IBRD|Multinational Force in Iraq|Charter of the United Nations (1945). Chapter VII|INTERNAL SECURITY|PETROLEUM REVENUES|POST-CONFLICT RECONSTRUCTION|IRAQ|IRAQ SITUATION
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: BELGIUM
vote: yes
country: BURKINA FASO
vote: yes
country: CHINA
vote: yes
country: COSTA RICA
vote: yes
country: CROATIA
vote: yes
country: FRANCE
vote: yes
country: INDONESIA
vote: yes
country: ITALY
vote: yes
country: LIBYAN ARAB JAMAHIRIYA
vote: yes
country: PANAMA
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SOUTH AFRICA
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: VIET NAM
vote: yes

               United Nations                                                                   S/RES/1859 (2008)
               Security Council                                                   Distr.: General
                                                                                  22 December 2008




               Resolution 1859 (2008)
               Adopted by the Security Council at its 6059th meeting, on
               22 December 2008

                    The Security Council,
                    Welcoming the efforts of the democratically elected, constitutionally based,
               national unity Government of Iraq in fulfilling its detailed political, economic, and
               security programme and national reconciliation agenda, and encouraging in that
               regard the holding of inclusive and peaceful provincial elections,
                    Recalling all of its previous relevant resolutions on Iraq,
                     Reaffirming the independence, sovereignty, unity, and territorial integrity of
               Iraq and reaffirming further the importance of the principle of non-interference in
               the internal affairs of Iraq,
                    Noting the progress that is taking place in Iraq, particularly in achieving
               security and stability, and in strengthening the armed forces and other Iraqi security
               forces, and noting likewise Iraq’s progress in the political and economic fields,
                     Welcoming the continuing work of the Government of Iraq towards a federal,
               democratic, pluralistic and unified Iraq, in which there is full respect for human
               rights,
                     Noting the Government of Iraq’s progress in pursuing an atmosphere in which
               sectarianism is totally rejected, underscoring the importance of inclusive political
               dialogue and national reconciliation,
                     Recognizing that international support for security and stability is essential to
               the well-being of the people of Iraq as well as the ability of all concerned, including
               the United Nations, to carry out their work for the benefit of the people of Iraq, and
               expressing appreciation for Member State contributions in this regard under
               resolution 1483 (2003), resolution 1511 (2003), resolution 1546 (2004), resolution
               1637 (2005), resolution 1723 (2006), and resolution 1790 (2007),
                     Recognizing also that Iraq is still in need of regional and international support
               so that it can continue to make progress, so that its people can flourish and prosper
               in peace,
                     Welcoming continuing progress under the International Compact with Iraq, an
               initiative of the Iraqi Government that has created a new partnership with the


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               international community and is building a strong framework for Iraq’s continued
               political, economic and security transformation and integration into the regional and
               global economy, as confirmed in the Stockholm Declaration on 29 May 2008, and
               welcoming also the important role that the United Nations is playing by jointly
               chairing the Compact with the Government of Iraq,
                     Recalling the establishment of the United Nations Assistance Mission for Iraq
               (UNAMI), and affirming that the United Nations should continue to play a leading
               role in supporting the efforts of the Iraqi Government to strengthen institutions for
               representative government, promote political dialogue and national reconciliation,
               engage neighbouring countries, assist vulnerable groups, including refugees and
               internally displaced persons, and promote the protection of human rights and
               judicial and legal reform in accordance with resolution 1770 (2007) and resolution
               1830 (2008),
                     Calling upon the international community, particularly countries in the region
               and Iraq’s neighbours, to support the Iraqi people in their pursuit of peace, stability,
               security, democracy and prosperity, welcoming the Expanded Neighbours’
               Conferences held in Sharm El-Sheikh, Istanbul and Kuwait and their role in
               supporting the efforts of the Government of Iraq to achieve security and stability in
               Iraq, and the positive results thereof on regional and international peace and
               security, welcoming also the fact that the Expanded Neighbours’ Conference, held in
               Kuwait on 22 April 2008 approved the terms of reference of the support mechanism,
               and noting that the successful implementation of this resolution will contribute to
               regional stability,
                     Noting the letter from the Prime Minister of Iraq to the President of the
               Security Council, dated 7 December 2008, which is annexed to this resolution,
               welcoming the Prime Minister’s affirmation of Iraq’s commitment to living in peace
               with its neighbours in a manner that contributes to the security and stability of the
               region, and recognizing the expiration of the mandate of the multinational force at
               the end of 31 December 2008,
                     Recognizing the positive developments in Iraq and that the situation now
               existing in Iraq is significantly different from that which existed at the time of the
               adoption of resolution 661 (1990), and further recognizing the importance of Iraq
               achieving international standing equal to that which it held prior to the adoption of
               resolution 661 (1990),
                     Recognizing that the letter from the Prime Minister of Iraq also reaffirms the
               commitment by the Government to resolve the debts and settle the claims inherited
               from the previous regime, and to continue to address those debts and claims until
               they are resolved or settled, and requests the continued assistance of the
               international community, as the Government of Iraq works to complete this process,
                     Recognizing the significant role of the Development Fund for Iraq and the
               International Advisory and Monitoring Board, and the provisions of paragraph 22 of
               resolution 1483 (2003) in helping the Government of Iraq to ensure that Iraq’s
               resources are being used transparently and accountably for the benefit of the Iraqi
               people, and recognizing also the need for Iraq during 2009 to transition to successor
               arrangements for the Development Fund for Iraq and the International Advisory and
               Monitoring Board, to include the Committee of Financial Experts,




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                 Reaffirming that acts of terrorism must not be allowed to disrupt Iraq’s
           political and economic transition, and further reaffirming the obligations of Member
           States under resolution 1618 (2005) of 4 August 2005 and other relevant resolutions
           and international conventions with respect, inter alia, to terrorist activities in and
           from Iraq or against its citizens,
                 Recognizing that the Government of Iraq will continue to have the leading role
           in coordinating international assistance to Iraq and reaffirming the importance of
           international assistance and development of the Iraqi economy and the importance
           of coordinated donor assistance,
                Acting under Chapter VII of the Charter of the United Nations,
                 1.   Decides to extend until 31 December 2009 the arrangements established
           in paragraph 20 of resolution 1483 (2003) for the depositing into the Development
           Fund for Iraq of proceeds from export sales of petroleum, petroleum products and
           natural gas and the arrangements referred to in paragraph 12 of resolution
           1483 (2003) and paragraph 24 of resolution 1546 (2004) for the monitoring of the
           Development Fund for Iraq by the International Advisory and Monitoring Board and
           further decides that, subject to the exception provided for in paragraph 27 of
           resolution 1546 (2004), the provisions of paragraph 22 of resolution 1483 (2003)
           shall continue to apply until that date, including with respect to funds and financial
           assets and economic resources described in paragraph 23 of that resolution;
                 2.   Decides further that the provisions in the above paragraph for the deposit
           of proceeds into the Development Fund for Iraq and for the role of the International
           Advisory and Monitoring Board and the provisions of paragraph 22 of resolution
           1483 (2003) shall be reviewed at the request of the Government of Iraq or no later
           than 15 June 2009;
                 3.   Requests the Secretary-General to report to the Council on a quarterly
           basis, with the first briefing no later than 31 March 2009 and with a written report
           on a semi-annual basis, on the activities of the Development Fund for Iraq and the
           International Advisory and Monitoring Board, including on progress made in
           strengthening financial and administrative oversight of the Development Fund for
           Iraq;
                 4.   Encourages the International Monetary Fund and the World Bank, as
           members of the International Advisory and Monitoring Board, to brief the Council
           in January 2009;
                5.    Decides to review resolutions pertaining specifically to Iraq, beginning
           with the adoption of resolution 661 (1990), and in that regard requests the
           Secretary-General to report, after consultations with Iraq, on facts relevant to
           consideration by the Council of actions necessary for Iraq to achieve international
           standing equal to that which it held prior to the adoption of such resolutions;
                6.    Decides to remain actively seized of the matter.




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               Annex
               Letter dated 7 December 2008 from the Prime Minister of Iraq addressed to the
               President of the Security Council
                     Further to our letter dated 31 December 2007 addressed to you, in which we
               indicated that the extension of the mandate of the Multinational Forces in Iraq
               (MNF I) would be for one final time; with appreciation for the important role and
               efforts of those forces in assisting Iraq to achieve security and stability; and in view
               of the fact that Iraq has signed the Agreement between the United States of America
               and the Republic of Iraq on the Withdrawal of United States Forces from Iraq and
               the Organization of their Activities during their Temporary Presence in Iraq, we look
               forward to the ending of the mandate of MNF-I at the end of 31 December 2008. On
               behalf of the Government and people of Iraq, I express my gratitude to the
               Governments of the States that have contributed to those forces and to the forces
               themselves for the services rendered during their presence in the territory, waters
               and airspace of Iraq.
                     Iraq has inherited debts and claims from the previous regime and has made
               great progress in settling them. However, much remains to be done, and our efforts
               to settle those claims and debts will require some time. Temporary support from the
               international community will continue to be required during the coming phase.
               Therefore, we hope that the international community will continue current
               protections and arrangements for petroleum, petroleum products, and natural gas
               from Iraq and the proceeds thereof until such time as the Government of Iraq is able
               to take the measures necessary to settle those debts and claims inherited from the
               previous regime. Oil revenues constitute 95 per cent of Government resources, and
               these claims have an impact on reconstruction and the economic transformations
               taking place in Iraq, and consequently pose a grave threat to Iraq’s stability and
               security and by extension to international peace and security.
                     The Iraqi Government recognizes the importance of the provisions of
               paragraph 22 of United Nations Security Council resolution 1483 (2003) ensuring
               that Iraq’s petroleum and natural gas resources and proceeds and obligations arising
               from sales thereof, as well as funds deposited in the Development Fund for Iraq,
               shall be used for reconstruction projects and other purposes benefiting the people of
               Iraq. Therefore, bearing in mind the exception provided for in paragraph 27 of
               United Nations Security Council resolution 1546 (2004), Iraq requests that the
               Security Council continue to implement the provisions of paragraph 22 of United
               Nations Security Council resolution 1483 (2003) until 31 December 2009, including
               those relating to funds or other financial assets or economic resources mentioned in
               paragraph 23 of that resolution.
                     The Government of Iraq believes that the provisions of United Nations
               Security Council resolution 1546 (2004) relating to the deposit of proceeds into the
               Development Fund for Iraq will help to ensure that proceeds from Iraq’s natural
               resources will be used for the benefit of the Iraqi people, as will the role played by
               the International Advisory and Monitoring Board. The Iraqi Government recognizes
               that the Development Fund for Iraq plays an important role in helping Iraq to
               reassure donors and creditors that Iraq is administering its resources and debts in a
               responsible manner in the service of the Iraqi people. It should be noted that Iraq is
               attempting, after years of isolation under the previous regime, to form a new
               partnership with the international community with a view to integrating its economy



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           into those of the region and the world through the International Compact with Iraq,
           and its efforts were endorsed by more than 90 countries and international
           organizations in the Stockholm Declaration of 29 May 2008. In view of this, Iraq
           requests the Security Council to extend the mandates of the Development Fund for
           Iraq and the International Advisory and Monitoring Board for a period of
           12 months, with a review of the extension to be conducted before 15 June 2009 at
           the request of the Government of Iraq.
                 The Government of Iraq affirms that it honours its obligations under United
           Nations Security Council resolutions and follows policies of peaceful coexistence
           with its neighbours conducive to the security and stability of the region. The
           Government of Iraq looks forward to recognition by the United Nations Security
           Council that major positive developments have taken place in Iraq; that the situation
           in Iraq is fundamentally different from that prevailing at the time of the adoption of
           United Nations Security Council resolution 661 (1990); and that the time has come
           for Iraq to regain its legal and international status prevailing prior to the adoption by
           the Security Council of that resolution and the subsequent sanctions imposed on it
           under Chapter VII of the Charter of the United Nations.
                 The Government of Iraq requests that the Security Council include this letter
           as an annex to the resolution currently being drafted on Iraq, and should be grateful
           if the President of the Security Council would circulate it to the Members of the
           Security Council as soon as possible.

                                                                 (Signed) Nuri Kamel al-Maliki
                                                           Prime Minister of the Republic of Iraq
                                                                               7 December 2008




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