Security Council resolution 1958 (2010) [on termination of all residual activities under the Oil-for-Food Programme]
Symbol: S/RES/1958(2010)
Date: 2010-12-15
Status: adopted
Agenda: S/65 [119] IRAQ SITUATION
Subjects: UN. Oil-for-Food Programme > Dissolution|UN. Oil-for-Food Programme|UN Iraq Account|UN Monitoring, Verification and Inspection Commission|Development Fund for Iraq|Charter of the United Nations (1945). Chapter VII|PETROLEUM REVENUES|IRAQ|SPECIAL ACCOUNTS|FUNDS|CLAIMS|LETTERS OF CREDIT|PAYMENTS ARRANGEMENTS|REPORT PREPARATION|IRAQ SITUATION
Votes in favour: 14
Votes against: 0
Abstentions: 1
Voting record:
country: AUSTRIA
vote: yes
country: BOSNIA AND HERZEGOVINA
vote: yes
country: BRAZIL
vote: yes
country: CHINA
vote: yes
country: FRANCE
vote: abstention
country: GABON
vote: yes
country: JAPAN
vote: yes
country: LEBANON
vote: yes
country: MEXICO
vote: yes
country: NIGERIA
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: TURKEY
vote: yes
country: UGANDA
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                 S/RES/1958 (2010)
               Security Council                                               Distr.: General
                                                                              15 December 2010




               Resolution 1958 (2010)
               Adopted by the Security Council at its 6450th meeting,
               on 15 December 2010
                    The Security Council,
                     Recalling its previous resolutions on the situation in Iraq, in particular
               resolutions 986, 1472, 1476, 1483, and 1546, and the Report of the Secretary-General pursuant to paragraph 5 of resolution 1859 (2008),
                     Recalling the need for the “Oil-for-food” Program (hereinafter “the Program”)
               established under resolution 986 (1995) as a temporary measure to provide for the
               humanitarian needs of the Iraqi people,
                     Recognizing the importance of Iraq achieving international standing equal to
               that which it held prior to the adoption of resolution 661,
                    Recognizing the importance of the activities of the Secretary-General’s High-Level Coordinator’s office established pursuant to resolution 1284 (1999),
                     Recalling the Secretary-General’s letter, dated 8 December 2010 and the Note
               attached thereto, S/2010/619, the third report of the Secretary-General pursuant to
               paragraph 3 of resolution 1905 (2009), S/2010/563, and the third quarterly report of
               the Government of Iraq pursuant to paragraph 5 of resolution 1905 (2009),
               S/2010/567,
                   Noting the letter from the Government of Iraq to the President of the Security
               Council, dated 6 December 2010,
                    Acting under Chapter VII of the Charter of the United Nations,
                     1.    Requests the Secretary-General to take all actions necessary to terminate
               all residual activities under the Program, noting that all letters of credit with
               outstanding claims of delivery, listed in Annex 1 to the Secretary-General’s Note,
               dated 8 December 2010, S/2010/619, have expired according to their terms and that
               no confirmation of arrival will be provided by the Government of Iraq and are
               closed for all purposes under the Program, including for purposes of transferring the
               funds associated with such letters of credit from the collateral portion of the Iraq
               Account to the non-collateral portion of the Iraq Account, without prejudice to any
               rights or claims that the suppliers with claims of delivery may have for payment, or
               otherwise, against the Government of Iraq under their respective commercial
               contracts with the Government of Iraq;



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S/RES/1958 (2010)


                     2.    Notes the Government of Iraq’s provision of certificates of arrival on file
               with the United Nations as of 15 December 2010, for which payment has not been
               effected either as a result of the advising bank not being able to locate the relevant
               beneficiaries or as a result of the beneficiary not providing requisite documentation,
               as referenced in the Secretary-General’s Note, dated 8 December 2010, paragraphs
               11 and 12 and Annexes II and III, and calls upon the Government of Iraq to provide
               without delay direct payment if contacted by the beneficiaries or its representatives;
                     3.   Authorizes the Secretary-General to establish an escrow account for the
               purposes of paragraphs 4 and 5 of this resolution, to appoint independent and certified
               public accountants to audit it, and to keep the Government of Iraq fully informed;
                     4.   Authorizes the Secretary-General to ensure that 20 million United States
               dollars of the Iraq Account are retained in the escrow account until 31 December
               2016, exclusively for the expenses of the United Nations related to the orderly
               termination of the residual activities of the Program, including the Organization’s
               support to member State investigations and member State proceedings related to the
               Program, and the expenses of the high-level coordinator’s office created pursuant to
               resolution 1284 and further requests that all remaining funds are to be transferred to
               the Government of Iraq by 31 December 2016;
                     5.   Authorizes the Secretary-General to ensure that up to 131 million United
               States dollars of the Iraq Account are retained in the escrow account for the purpose
               of providing indemnification to the United Nations, its representatives, agents, and
               independent contractors for a period of six years with regard to all activities in
               connection with the Program since its inception, and further requests that all
               remaining funds are to be transferred to the Government of Iraq by 31 December
               2016;
                     6.   Authorizes the Secretary-General to facilitate the transfer as soon as
               possible of all funds remaining, beyond those retained for the purposes of
               paragraphs 4 and 5, from the Iraq Account created pursuant to paragraph 16 (d) of
               resolution 1483 (2003) to the Development Fund of Iraq;
                     7.    Requests the Secretary-General to take all necessary actions to ensure the
               effective implementation of this resolution and to enter into all necessary implementing
               arrangements or agreements as soon as possible with the Government of Iraq:
                    (a) to provide appropriate indemnification, as referenced in paragraph 5, to
               the United Nations, its representatives, agents, and independent contractors, with
               regard to all activities in connection with the Program since its inception and
                    (b) to provide for a waiver of any future claims the Government of Iraq may
               have against the United Nations, its representatives, agents, and independent
               contractors with regard to all activities in connection with the Program since its
               inception, as referenced in paragraphs 19, 20, and 21 in S/2008/492, and requests
               him to report to the Council when he has done so;
                     8.   Requests the Secretary-General to report and provide analysis to the
               Council on the usage and expenditure of the escrow account referenced in
               paragraphs 4 and 5 on an annual basis, the first no later than 31 March 2012, with
               the final report occurring three months after the transfer of any remaining funds
               retained for the purposes of paragraphs 4 and 5 to the Government of Iraq by
               31 December 2016, unless otherwise authorized by the Security Council;
                    9.    Decides to remain actively seized of the matter.



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