Security Council resolution 1483 (2003) [on lifting the economic sanctions on Iraq imposed by resolution 661 (1990)]
Symbol: S/RES/1483(2003)
Date: 2003-05-22
Status: adopted
Agenda: S/58 [120] IRAQ-KUWAIT SITUATION
Subjects: Hussein, Saddam|Coalition Provisional Authority [in Iraq]|UN High-Level Coordinator pursuant to Paragraph 14 of Security Council Resolution 1284 (1999)|International Committee of the Red Cross|Tripartite Commission on Missing Persons|UNESCO|INTERPOL|UN. Special Representative of the Secretary-General for Iraq|UN Monitoring, Verification and Inspection Commission|Central Bank of Iraq|Development Fund for Iraq|Development Fund for Iraq. International Advisory and Monitoring Board|Paris Club|UN. Secretary-General|UN. Security Council Committee Established by Resolution 661 (1990) concerning the Situation between Iraq and Kuwait|UN. Oil-for-Food Programme|UN. Oil-for-Food Programme > Dissolution|UN Iraq Account|UN. Compensation Fund|UN. Compensation Commission. Governing Council|UN. Office of the Iraq Programme|Charter of the United Nations (1945)|Geneva Conventions (1949)|Hague Regulations (1907)|Charter of the United Nations (1945). Chapter VII|SANCTIONS|POST-CONFLICT RECONSTRUCTION|CULTURAL PROPERTY RESTITUTION|CULTURAL PROPERTY PROTECTION|PETROLEUM EXPORTS|PETROLEUM REVENUES|IRAQ|FINANCIAL RESOURCES|FROZEN ASSETS|IRAQ-KUWAIT SITUATION|INSTITUTION BUILDING|ADMINISTRATIVE REFORM|INTERNAL SECURITY|HUMANITARIAN ASSISTANCE|CRIMINAL JUSTICE|PUBLIC WELFARE|PUBLIC ADMINISTRATION|INTERNATIONAL OBLIGATIONS|REPATRIATION|KUWAITIS|DISAPPEARANCE OF PERSONS|IRAQI REFUGEES|COORDINATION WITHIN UN SYSTEM|INTERIM GOVERNMENTS|ARMS EMBARGO|DISARMAMENT|UNITED KINGDOM|UNITED STATES|ACCOUNTING|FUNDS|CIVIL SERVICE|INTERNATIONAL FINANCIAL INSTITUTIONS|FINANCIAL ASSISTANCE|DEBT RESTRUCTURING|CONSUMER GOODS|CONTRACTS|LETTERS OF CREDIT|COST ANALYSIS|SPECIAL ACCOUNTS|WAR DAMAGE COMPENSATION|PRIVILEGES AND IMMUNITIES|PERIODIC REPORTS
Votes in favour: 14
Votes against: 0
Abstentions: 0
Voting record:
country: ANGOLA
vote: yes
country: BULGARIA
vote: yes
country: CAMEROON
vote: yes
country: CHILE
vote: yes
country: CHINA
vote: yes
country: FRANCE
vote: yes
country: GERMANY
vote: yes
country: GUINEA
vote: yes
country: MEXICO
vote: yes
country: PAKISTAN
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SPAIN
vote: yes
country: ARAB REPUBLIC
vote: syrian
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                        S/RES/1483 (2003)
               Security Council                                                    Distr.: General
                                                                                   22 May 2003




               Resolution 1483 (2003)
               Adopted by the Security Council at its 4761st meeting, on
               22 May 2003
                       The Security Council,
                       Recalling all its previous relevant resolutions,
                       Reaffirming the sovereignty and territorial integrity of Iraq,
                     Reaffirming also the importance of the disarmament of Iraqi weapons of mass
               destruction and of eventual confirmation of the disarmament of Iraq,
                     Stressing the right of the Iraqi people freely to determine their own political
               future and control their own natural resources, welcoming the commitment of all
               parties concerned to support the creation of an environment in which they may do so
               as soon as possible, and expressing resolve that the day when Iraqis govern
               themselves must come quickly,
                     Encouraging efforts by the people of Iraq to form a representative government
               based on the rule of law that affords equal rights and justice to all Iraqi citizens
               without regard to ethnicity, religion, or gender, and, in this connection, recalls
               resolution 1325 (2000) of 31 October 2000,
                    Welcoming the first steps of the Iraqi people in this regard, and noting in this
               connection the 15 April 2003 Nasiriyah statement and the 28 April 2003 Baghdad
               statement,
                     Resolved that the United Nations should play a vital role in humanitarian
               relief, the reconstruction of Iraq, and the restoration and establishment of national
               and local institutions for representative governance,
                     Noting the statement of 12 April 2003 by the Ministers of Finance and Central
               Bank Governors of the Group of Seven Industrialized Nations in which the members
               recognized the need for a multilateral effort to help rebuild and develop Iraq and for
               the need for assistance from the International Monetary Fund and the World Bank in
               these efforts,
                     Welcoming also the resumption of humanitarian assistance and the continuing
               efforts of the Secretary-General and the specialized agencies to provide food and
               medicine to the people of Iraq,
                       Welcoming the appointment by the Secretary-General of his Special Adviser on
               Iraq,


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                     Affirming the need for accountability for crimes and atrocities committed by
               the previous Iraqi regime,
                     Stressing the need for respect for the archaeological, historical, cultural, and
               religious heritage of Iraq, and for the continued protection of archaeological,
               historical, cultural, and religious sites, museums, libraries, and monuments,
                     Noting the letter of 8 May 2003 from the Permanent Representatives of the
               United States of America and the United Kingdom of Great Britain and Northern
               Ireland to the President of the Security Council (S/2003/538) and recognizing the
               specific authorities, responsibilities, and obligations under applicable international
               law of these states as occupying powers under unified command (the “Authority”),
                     Noting further that other States that are not occupying powers are working now
               or in the future may work under the Authority,
                    Welcoming further the willingness of Member States to contribute to stability
               and security in Iraq by contributing personnel, equipment, and other resources under
               the Authority,
                    Concerned that many Kuwaitis and Third-State Nationals still are not
               accounted for since 2 August 1990,
                    Determining that the situation in Iraq, although improved, continues to
               constitute a threat to international peace and security,
                    Acting under Chapter VII of the Charter of the United Nations,
                     1.    Appeals to Member States and concerned organizations to assist the
               people of Iraq in their efforts to reform their institutions and rebuild their country,
               and to contribute to conditions of stability and security in Iraq in accordance with
               this resolution;
                     2.   Calls upon all Member States in a position to do so to respond
               immediately to the humanitarian appeals of the United Nations and other
               international organizations for Iraq and to help meet the humanitarian and other
               needs of the Iraqi people by providing food, medical supplies, and resources
               necessary for reconstruction and rehabilitation of Iraq’s economic infrastructure;
                     3.   Appeals to Member States to deny safe haven to those members of the
               previous Iraqi regime who are alleged to be responsible for crimes and atrocities and
               to support actions to bring them to justice;
                     4.    Calls upon the Authority, consistent with the Charter of the United
               Nations and other relevant international law, to promote the welfare of the Iraqi
               people through the effective administration of the territory, including in particular
               working towards the restoration of conditions of security and stability and the
               creation of conditions in which the Iraqi people can freely determine their own
               political future;
                     5.   Calls upon all concerned to comply fully with their obligations under
               international law including in particular the Geneva Conventions of 1949 and the
               Hague Regulations of 1907;
                     6.   Calls upon the Authority and relevant organizations and individuals to
               continue efforts to locate, identify, and repatriate all Kuwaiti and Third-State
               Nationals or the remains of those present in Iraq on or after 2 August 1990, as well
               as the Kuwaiti archives, that the previous Iraqi regime failed to undertake, and, in
               this regard, directs the High-Level Coordinator, in consultation with the


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International Committee of the Red Cross and the Tripartite Commission and with
the appropriate support of the people of Iraq and in coordination with the Authority,
to take steps to fulfil his mandate with respect to the fate of Kuwaiti and Third-State
National missing persons and property;
      7.   Decides that all Member States shall take appropriate steps to facilitate
the safe return to Iraqi institutions of Iraqi cultural property and other items of
archaeological, historical, cultural, rare scientific, and religious importance illegally
removed from the Iraq National Museum, the National Library, and other locations
in Iraq since the adoption of resolution 661 (1990) of 6 August 1990, including by
establishing a prohibition on trade in or transfer of such items and items with respect
to which reasonable suspicion exists that they have been illegally removed, and
calls upon the United Nations Educational, Scientific, and Cultural Organization,
Interpol, and other international organizations, as appropriate, to assist in the
implementation of this paragraph;
      8.    Requests the Secretary-General to appoint a Special Representative for
Iraq whose independent responsibilities shall involve reporting regularly to the
Council on his activities under this resolution, coordinating activities of the United
Nations in post-conflict processes in Iraq, coordinating among United Nations and
international agencies engaged in humanitarian assistance and reconstruction
activities in Iraq, and, in coordination with the Authority, assisting the people of
Iraq through:
     (a) coordinating humanitarian and reconstruction assistance by United
Nations agencies and between United Nations agencies and non-governmental
organizations;
      (b) promoting the safe, orderly, and voluntary return of refugees and
displaced persons;
      (c) working intensively with the Authority, the people of Iraq, and others
concerned to advance efforts to restore and establish national and local institutions
for representative governance, including by working together to facilitate a process
leading to an internationally recognized, representative government of Iraq;
      (d) facilitating the reconstruction of key infrastructure, in cooperation with
other international organizations;
      (e) promoting economic reconstruction and the conditions for sustainable
development, including through coordination with national and regional
organizations, as appropriate, civil society, donors, and the international financial
institutions;
    (f) encouraging international         efforts   to   contribute   to   basic   civilian
administration functions;
     (g)   promoting the protection of human rights;
      (h) encouraging international efforts to rebuild the capacity of the Iraqi
civilian police force; and
     (i)   encouraging international efforts to promote legal and judicial reform;
    9.     Supports the formation, by the people of Iraq with the help of the
Authority and working with the Special Representative, of an Iraqi interim
administration as a transitional administration run by Iraqis, until an internationally




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               recognized, representative government is established by the people of Iraq and
               assumes the responsibilities of the Authority;
                     10. Decides that, with the exception of prohibitions related to the sale or
               supply to Iraq of arms and related materiel other than those arms and related
               materiel required by the Authority to serve the purposes of this and other related
               resolutions, all prohibitions related to trade with Iraq and the provision of financial
               or economic resources to Iraq established by resolution 661 (1990) and subsequent
               relevant resolutions, including resolution 778 (1992) of 2 October 1992, shall no
               longer apply;
                     11. Reaffirms that Iraq must meet its disarmament obligations, encourages
               the United Kingdom of Great Britain and Northern Ireland and the United States of
               America to keep the Council informed of their activities in this regard, and
               underlines the intention of the Council to revisit the mandates of the United Nations
               Monitoring, Verification, and Inspection Commission and the International Atomic
               Energy Agency as set forth in resolutions 687 (1991) of 3 April 1991, 1284 (1999)
               of 17 December 1999, and 1441 (2002) of 8 November 2002;
                    12. Notes the establishment of a Development Fund for Iraq to be held by the
               Central Bank of Iraq and to be audited by independent public accountants approved
               by the International Advisory and Monitoring Board of the Development Fund for
               Iraq and looks forward to the early meeting of that International Advisory and
               Monitoring Board, whose members shall include duly qualified representatives of
               the Secretary-General, of the Managing Director of the International Monetary
               Fund, of the Director-General of the Arab Fund for Social and Economic
               Development, and of the President of the World Bank;
                    13. Notes further that the funds in the Development Fund for Iraq shall be
               disbursed at the direction of the Authority, in consultation with the Iraqi interim
               administration, for the purposes set out in paragraph 14 below;
                     14. Underlines that the Development Fund for Iraq shall be used in a
               transparent manner to meet the humanitarian needs of the Iraqi people, for the
               economic reconstruction and repair of Iraq’s infrastructure, for the continued
               disarmament of Iraq, and for the costs of Iraqi civilian administration, and for other
               purposes benefiting the people of Iraq;
                     15. Calls upon the international financial institutions to assist the people of
               Iraq in the reconstruction and development of their economy and to facilitate
               assistance by the broader donor community, and welcomes the readiness of creditors,
               including those of the Paris Club, to seek a solution to Iraq’s sovereign debt
               problems;
                     16. Requests also that the Secretary-General, in coordination with the
               Authority, continue the exercise of his responsibilities under Security Council
               resolution 1472 (2003) of 28 March 2003 and 1476 (2003) of 24 April 2003, for a
               period of six months following the adoption of this resolution, and terminate within
               this time period, in the most cost effective manner, the ongoing operations of the
               “Oil-for-Food” Programme (the “Programme”), both at headquarters level and in the
               field, transferring responsibility for the administration of any remaining activity
               under the Programme to the Authority, including by taking the following necessary
               measures:
                     (a) to facilitate as soon as possible the shipment and authenticated delivery
               of priority civilian goods as identified by the Secretary-General and representatives



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designated by him, in coordination with the Authority and the Iraqi interim
administration, under approved and funded contracts previously concluded by the
previous Government of Iraq, for the humanitarian relief of the people of Iraq,
including, as necessary, negotiating adjustments in the terms or conditions of these
contracts and respective letters of credit as set forth in paragraph 4 (d) of resolution
1472 (2003);
     (b) to review, in light of changed circumstances, in coordination with the
Authority and the Iraqi interim administration, the relative utility of each approved
and funded contract with a view to determining whether such contracts contain
items required to meet the needs of the people of Iraq both now and during
reconstruction, and to postpone action on those contracts determined to be of
questionable utility and the respective letters of credit until an internationally
recognized, representative government of Iraq is in a position to make its own
determination as to whether such contracts shall be fulfilled;
      (c) to provide the Security Council within 21 days following the adoption of
this resolution, for the Security Council’s review and consideration, an estimated
operating budget based on funds already set aside in the account established
pursuant to paragraph 8 (d) of resolution 986 (1995) of 14 April 1995, identifying:
     (i) all known and projected costs to the United Nations required to ensure
     the continued functioning of the activities associated with implementation of
     the present resolution, including operating and administrative expenses
     associated with the relevant United Nations agencies and programmes
     responsible for the implementation of the Programme both at Headquarters and
     in the field;
     (ii) all known and projected costs associated with termination of the
     Programme;
     (iii) all known and projected costs associated with restoring Government of
     Iraq funds that were provided by Member States to the Secretary-General as
     requested in paragraph 1 of resolution 778 (1992); and
     (iv) all known and projected costs associated with the Special Representative
     and the qualified representative of the Secretary-General identified to serve on
     the International Advisory and Monitoring Board, for the six month time
     period defined above, following which these costs shall be borne by the United
     Nations;
     (d) to consolidate into a single fund the accounts established pursuant to
paragraphs 8 (a) and 8 (b) of resolution 986 (1995);
      (e) to fulfil all remaining obligations related to the termination of the
Programme, including negotiating, in the most cost effective manner, any necessary
settlement payments, which shall be made from the escrow accounts established
pursuant to paragraphs 8 (a) and 8 (b) of resolution 986 (1995), with those parties
that previously have entered into contractual obligations with the Secretary-General
under the Programme, and to determine, in coordination with the Authority and the
Iraqi interim administration, the future status of contracts undertaken by the United
Nations and related United Nations agencies under the accounts established pursuant
to paragraphs 8 (b) and 8 (d) of resolution 986 (1995);
     (f) to provide the Security Council, 30 days prior to the termination of the
Programme, with a comprehensive strategy developed in close coordination with the
Authority and the Iraqi interim administration that would lead to the delivery of all


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               relevant documentation and the transfer of all operational responsibility of the
               Programme to the Authority;
                     17. Requests further that the Secretary-General transfer as soon as possible to
               the Development Fund for Iraq 1 billion United States dollars from unencumbered
               funds in the accounts established pursuant to paragraphs 8 (a) and 8 (b) of resolution
               986 (1995), restore Government of Iraq funds that were provided by Member States
               to the Secretary-General as requested in paragraph 1 of resolution 778 (1992), and
               decides that, after deducting all relevant United Nations expenses associated with
               the shipment of authorized contracts and costs to the Programme outlined in
               paragraph 16 (c) above, including residual obligations, all surplus funds in the
               escrow accounts established pursuant to paragraphs 8 (a), 8 (b), 8 (d), and 8 (f) of
               resolution 986 (1995) shall be transferred at the earliest possible time to the
               Development Fund for Iraq;
                     18. Decides to terminate effective on the adoption of this resolution the
               functions related to the observation and monitoring activities undertaken by the
               Secretary-General under the Programme, including the monitoring of the export of
               petroleum and petroleum products from Iraq;
                    19. Decides to terminate the Committee established pursuant to paragraph 6
               of resolution 661 (1990) at the conclusion of the six month period called for in
               paragraph 16 above and further decides that the Committee shall identify individuals
               and entities referred to in paragraph 23 below;
                    20. Decides that all export sales of petroleum, petroleum products, and
               natural gas from Iraq following the date of the adoption of this resolution shall be
               made consistent with prevailing international market best practices, to be audited by
               independent public accountants reporting to the International Advisory and
               Monitoring Board referred to in paragraph 12 above in order to ensure transparency,
               and decides further that, except as provided in paragraph 21 below, all proceeds
               from such sales shall be deposited into the Development Fund for Iraq until such
               time as an internationally recognized, representative government of Iraq is properly
               constituted;
                     21. Decides further that 5 per cent of the proceeds referred to in paragraph
               20 above shall be deposited into the Compensation Fund established in accordance
               with resolution 687 (1991) and subsequent relevant resolutions and that, unless an
               internationally recognized, representative government of Iraq and the Governing
               Council of the United Nations Compensation Commission, in the exercise of its
               authority over methods of ensuring that payments are made into the Compensation
               Fund, decide otherwise, this requirement shall be binding on a properly constituted,
               internationally recognized, representative government of Iraq and any successor
               thereto;
                     22. Noting the relevance of the establishment of an internationally
               recognized, representative government of Iraq and the desirability of prompt
               completion of the restructuring of Iraq’s debt as referred to in paragraph 15 above,
               further decides that, until December 31, 2007, unless the Council decides otherwise,
               petroleum, petroleum products, and natural gas originating in Iraq shall be immune,
               until title passes to the initial purchaser from legal proceedings against them 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 that proceeds and obligations arising from
               sales thereof, as well as the Development Fund for Iraq, shall enjoy privileges and



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immunities equivalent to those enjoyed by the United Nations except that the abovementioned privileges and immunities will not apply with respect to any legal
proceeding in which recourse to such proceeds or obligations is necessary to satisfy
liability for damages assessed in connection with an ecological accident, including
an oil spill, that occurs after the date of adoption of this resolution;
     23.   Decides that all Member States in which there are:
      (a) funds or other financial assets or economic resources of the previous
Government of Iraq or its state bodies, corporations, or agencies, located outside
Iraq as of the date of this resolution, or
      (b) funds or other financial assets or economic resources that have been
removed from Iraq, or acquired, by Saddam Hussein or other senior officials of the
former Iraqi regime and their immediate family members, including entities owned
or controlled, directly or indirectly, by them or by persons acting on their behalf or
at their direction,
shall freeze without delay those funds or other financial assets or economic
resources and, unless these funds or other financial assets or economic resources are
themselves the subject of a prior judicial, administrative, or arbitral lien or
judgement, immediately shall cause their transfer to the Development Fund for Iraq,
it being understood that, unless otherwise addressed, claims made by private
individuals or non-government entities on those transferred funds or other financial
assets may be presented to the internationally recognized, representative government
of Iraq; and decides further that all such funds or other financial assets or economic
resources shall enjoy the same privileges, immunities, and protections as provided
under paragraph 22;
      24. Requests the Secretary-General to report to the Council at regular
intervals on the work of the Special Representative with respect to the
implementation of this resolution and on the work of the International Advisory and
Monitoring Board and encourages the United Kingdom of Great Britain and
Northern Ireland and the United States of America to inform the Council at regular
intervals of their efforts under this resolution;
    25. Decides to review the implementation of this resolution within twelve
months of adoption and to consider further steps that might be necessary;
      26. Calls upon Member States and international and regional organizations to
contribute to the implementation of this resolution;
     27.   Decides to remain seized of this matter.




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