Security Council resolution 706 (1991) [authorizing States to permit the import of petroleum and petroleum products originating in Iraq sufficient to produce a sum to be determined by the Council]
Symbol: S/RES/706(1991)
Date: 1991-08-15
Status: adopted
Agenda: S/46 [89] IRAQ-KUWAIT SITUATION
Subjects: UN Iraq Account|UN. COMPENSATION FUND > BUDGET CONTRIBUTIONS.|UN. Iraq-Kuwait Boundary Demarcation Commission|Charter of the United Nations (1945). Chapter VII|REPARATION|IRAQ|KUWAIT|WAR DAMAGE COMPENSATION|HUMANITARIAN ASSISTANCE|PETROLEUM EXPORTS|PETROLEUM REVENUES|FOOD SUPPLY|MEDICAL SUPPLIES|IRAQ|PAYMENTS ARRANGEMENTS|BUDGET CONTRIBUTIONS|PROPERTY|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 706 (1991)
of 15 August 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) of 15 August 1991,

Taking note of the report dated 15 July 1991 of the interagency mission headed by the Executive Delegate of the
Secretary-General for the United Nations Inter-Agency
Humanitarian Programme for Iraq, Kuwait and the Iraq/Turkey
and Iraq/Iran border areas, 90

Concerned by the serious nutritional and health situation
of the Iraqi civilian population as described in the report and
by the risk of a further deterioration of this situation,

Concerned also that the repatriation or return of all
Kuwaitis and third- State nationals or their remains present in
Iraq on or after 2 August 1990, pursuant to paragraph 2 (c) of
resolution 686 (1991) and paragraphs 30 and 31 of resolution
687 (1991), has not yet been fully carried out,

Taking note of the conclusions of the above-mentioned
report, and in particular of the proposal for oil sales by Iraq to
finance the purchase of foodstuffs, medicines and materials and
supplies for essential civilian needs for the purpose of providing
humanitarian relief,

Taking note also of the letters dated 14 April, 31 May, 6
June, 9 July and 22 July 1991 from the Minister for Foreign
Affairs of Iraq and the Permanent Representative of Iraq to the
United Nations to the Chairman of the Security Council
Committee established by resolution 661 (1990) concerning the
situation between Iraq and Kuwait, in regard to the export by
Iraq of petroleum and petroleum products,

Convinced of the need to ensure equitable distribution of
humanitarian relief assistance to all segments of the Iraqi
civilian population through effective monitoring and transparency of the process,

Recalling and reaffirming in this regard its resolution 688
(1991), and in particular the importance which the Council
attaches to Iraq’s allowing unhindered access by international
humanitarian organizations to all those in need of assistance in
all parts of Iraq and making available all necessary facilities tor
their operation, and in this connection stressing the continuing
importance of the Memorandum of Understanding between the
United Nations and the Government of Iraq signed on 18 April
1991, 91

Recalling that, pursuant to resolutions 687 (1991), 692
(1991) and 699 (1991), Iraq is required to pay the full costs of
the Special Commission and the International Atomic Energy
Agency in carrying out the tasks authorized by section C of
resolution 687 (1991), and that the Secretary-General, in the
report of 15 July 1991 that he submitted to the Council
pursuant to paragraph 4 of resolution 699 (1991), 92 expressed
the view that the most obvious way of obtaining financial
resources from Iraq to meet those costs would be to authorize
the sale of some Iraqi petroleum and petroleum products;
recalling also that Iraq is required to pay its contributions to
the United Nations Compensation Fund and half the costs of
the Iraq-Kuwait Boundary Demarcation Commission; and
recalling further that, in its resolutions 686 (1991) and 687
(1991), the Council demanded that Iraq return in the shortest
possible time all Kuwaiti property seized by it and requested
the Secretary-General to take steps to facilitate this demand,

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

1, Authorizes all States, subject to the decision to be
taken by the Security Council pursuant to paragraph 5 and
notwithstanding the provisions of paragraphs 3 (a), 3 (6) and 4
of resolution 661 (1990), to permit, for the purposes specified
in the present resolution, the import, during a period of six
months from the date of adoption of the resolution pursuant to
paragraph 5, of a quantity of petroleum and petroleum preducts originating in Iraq sufficient to produce a sum to be
determined by the Council following receipt of the report of the
Secretary-General requested in paragraph 5, a sum, however,
not to exceed 1.6 billion United States dollars, subject to the
following conditions:

(a) Approval of each purchase of Iraqi petroleum and
petroleum products by the Security Council Committee
established by resolution 661 (1990) concerning the situation
between Iraq and Kuwait, following notification to the Committee by the State concerned;

(b) Direct payment of the full amount of each purchase
of Iraqi petroleum and petroleum products by the purchaser in
the State concerned into an escrow account to be established by
the United Nations and administered by the Secretary-General
exclusively to meet the purposes of this resolution;

(c) Approval by the Council, following the report of the
Secretary-General requested in paragraph 5, of a scheme for
the purchase of foodstuffs, medicines and materials and
supplies for essential civilian needs as referred to in paragraph
20 of resolution 687 (1991), in particular health related
materials, all of which to be labelled to the extent possible as
being supplied under this scheme, and for all feasible and
appropriate United Nations monitoring and supervision for the
purpose of assuring their equitable distribution to meet
humanitarian needs in all regions of Iraq and to all categories
of the Iraqi civilian population, as well as all feasible and
appropriate management relevant to this purpose, such a
United Nations role to be available if desired for humanitarian
assistance from other sources;

(d) The total sum of purchases authorized in the present
paragraph is to be released by successive decisions of the
Committee in three equal portions after the Council has taken
the decision provided for in paragraph 5 on the implementation
of the present resolution; notwithstanding any other provision
of the present paragraph, the Council may review the maximum
total sum of purchases on the basis of an ongoing assessment
of the needs and requirements;

2. Decides that a part of the sum in the account administered by the Secretary-General shall be made available to him
to finance the purchase of foodstuffs, medicines and materials
and supplies for essential civilian needs, as referred to in
paragraph 20 of resolution 687 (1991), and to cover the cost to
the United Nations of its activities under the present resolution
and of other necessary humanitarian activities in Iraq;

3. Decides also that a part of the sum deposited in the
account administered by the Secretary-General shall be used by
him for appropriate payments to the United Nations Compensation Fund and to cover the full costs of carrying out the tasks
authorized by section C of resolution 587 (1991), the full costs
incurred by the United Nations in facilitating the return of all
Kuwaiti property seized by Iraq, and half the costs of the Iraq-Kuwait Boundary Demarcation Commission;

4. Decides further that the percentage of the value of
exports of petroleum and petroleum products from Iraq
authorized under the present resolution to be paid to the
Compensation Fund, as called for in paragraph 19 of resolution
687 (1991) and as defined in paragraph 6 of resolution 692
(1991), shall be the same as the percentage decided by the
Council in paragraph 2 of resolution 70S (1991) for payments
to the Fund, until such time as the Governing Council of the
Fund decides otherwise;

5. Requests the Secretary-General to submit to the
Council, within twenty days of the date of adoption of the
present resolution, a report suggesting decisions to be taken on
measures to implement paragraphs 1 (a), (b) and (c), on
estimates of the humanitarian requirements of [Iraq set out in
paragraph 2 and on the amount of Iraq’s financial obligations
set out in paragraph 3 up to the end of the period of the
authorization in paragraph 1, as well as on the method for
taking the necessary legal measures to ensure that the purposes
of the present resolution are carried out and the method for
taking account of the costs of transportation of Iraqi petroleum
and petroleum products;

6, Also requests the Secretary-General, in consultation
with the International Committee of the Red Cross, to submit
to the Council within twenty days of the date of adoption of the
present resolution a report on activities undertaken in accordance with paragraph 31 of resolution 687 (1991) in connection
with facilitating the repatriation or return of all Kuwaiti and
third-State nationals or their remains present in Iraq on or after
2 August 1990,

7. Calls upon the Government of Iraq to provide to the
Secretary-General and appropriate international organizations
on the first day of the month immediately following the
adoption of the present resolution and on the first day of each
month thereafter until further notice, a detailed statement of
the gold and foreign currency reserves it holds, whether in Iraq
or elsewhere;

8. Calls upon all States to cooperate fully in the impicmentation of the present resolution;

9. Decides to remain seized of the matter.

Adopted at the 3004th meeting by 13
votes to 1 (Cuba) with 1 abstention (Yemen).