Security Council resolution 1762 (2007) [on termination of the mandates of UN Monitoring, Verification and Inspection Commission (UNMOVIC) and the IAEA's Iraq Nuclear Verification Office (INVO)]
Symbol: S/RES/1762(2007)
Date: 2007-06-29
Status: adopted
Agenda: S/62 [120] IRAQ-KUWAIT SITUATION
Subjects: UN Monitoring, Verification and Inspection Commission|IAEA|UN. Security Council|UN Special Commission|UN. Secretary-General|Development Fund for Iraq|UN. Security Council (50th year : 1995) > Resolutions and decisions|UN. Security Council (46th year : 1991) > Resolutions and decisions|Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (1993)|Charter of the United Nations (1945). Chapter VII|ON-SITE INSPECTION|DISARMAMENT|TREATY COMPLIANCE|IRAQ|IRAQ-KUWAIT SITUATION|WEAPONS OF MASS DESTRUCTION|NUCLEAR NON-PROLIFERATION|NUCLEAR WEAPONS|CHEMICAL WEAPONS|BIOLOGICAL WEAPONS|DISARMAMENT AGREEMENTS|REPORT PREPARATION|DUAL-USE TECHNOLOGY|EXPORTS|STANDARDS|ARCHIVES|PROPERTY|CONFIDENTIALITY|FUNDS|ACCOUNTS
Votes in favour: 14
Votes against: 0
Abstentions: 1
Voting record:
country: BELGIUM
vote: yes
country: CHINA
vote: yes
country: CONGO
vote: yes
country: FRANCE
vote: yes
country: GHANA
vote: yes
country: INDONESIA
vote: yes
country: ITALY
vote: yes
country: PANAMA
vote: yes
country: PERU
vote: yes
country: QATAR
vote: yes
country: RUSSIAN FEDERATION
vote: abstention
country: SLOVAKIA
vote: yes
country: SOUTH AFRICA
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                     S/RES/1762 (2007)
               Security Council                                                 Distr.: General
                                                                                29 June 2007




               Resolution 1762 (2007)
               Adopted by the Security Council at its 5710th meeting, on
               29 June 2007

                    The Security Council,
                     Recalling its previous relevant resolutions, including resolutions 661 (1990) of
               6 August 1990, 687 (1991) of 3 April 1991, 699 (1991) of 17 June 1991, 707 (1991)
               of 15 August 1991, 715 (1991) of 11 October 1991, 1051 (1996) of 27 March 1996,
               1284 (1999) of 17 December 1999, 1441 (2002) of 8 November 2002, 1483 (2003)
               of 22 May 2003, 1540 (2004) of 28 April 2004 and 1546 (2004) of 8 June 2004,
                     Expressing gratitude to the United Nations Monitoring, Verification and
               Inspection Commission (UNMOVIC) and the International Atomic Energy Agency
               (IAEA) for their important and comprehensive contributions under the relevant
               resolutions, noting the accumulation of expertise, experience and maintenance of a
               roster of experts during UNMOVIC’s mandate, and encouraging Member States to
               maintain similar expertise for the future,
                     Acknowledging that a democratically elected and constitutionally based
               Government of Iraq is now in place, noting the Government of Iraq’s declaration of
               support for the international non-proliferation regime, and welcoming the concrete
               steps taken in this regard, including the commitment enshrined in the Permanent
               Constitution and the establishment of the National Monitoring Directorate with
               responsibility for import/export control,
                     Recalling Iraq’s disarmament obligations under relevant resolutions, its
               obligations under the Treaty on the Non-Proliferation of Nuclear Weapons, its IAEA
               Safeguards Agreement, The Convention on the Prohibition of the Development,
               Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and
               on their Destruction and the Geneva Protocol, noting Iraq’s commitment to detect,
               deter, prevent and combat, including through international cooperation when
               necessary, the illicit trafficking and brokering in nuclear, chemical and biological
               weapons and their means of delivery and related materials, in accordance with its
               legal authorities and legislation and consistent with international law, and urging its
               adherence to all applicable disarmament and non-proliferation treaties, notably the
               Convention on the Prohibition of the Development, Production, Stockpiling and Use
               of Chemical Weapons, and an Additional Protocol to the IAEA Safeguards
               Agreement,



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                     Noting disarmament efforts regarding Iraq since 1991, and further noting the
               joint US-UK letter dated 28 June 2007 and the Government of Iraq letter to the
               Security Council dated 8 April 2007 annexed to this resolution,
                    Recognizing that the continued operations of UNMOVIC and the IAEA’s Iraq
               Nuclear Verification Office (INVO) are no longer necessary to verify Iraqi
               compliance with its obligations under the relevant resolutions,
                    Acting under Chapter VII of the Charter of the United Nations,
                   1.   Decides to terminate immediately the mandates of UNMOVIC and the
               IAEA under the relevant resolutions;
                     2.   Reaffirms Iraq’s disarmament obligations under relevant resolutions,
               acknowledges Iraq’s constitutional commitment to the non-proliferation,
               non-development, non-production and non-use of nuclear, chemical, and biological
               weapons and associated equipment, material, and technologies for use in the
               development, manufacture, production and use of such weapons, as well as delivery
               systems, and urges Iraq to continue to implement this commitment and to adhere to
               all applicable disarmament and non-proliferation treaties and related international
               agreements;
                     3.   Invites the Government of Iraq to report to the Security Council within
               one year on progress made in adhering to all applicable disarmament and
               non-proliferation treaties and related international agreements, notably the
               Convention on the Prohibition of the Development, Production, Stockpiling and Use
               of Chemical Weapons, an Additional Protocol to its Safeguards Agreement, and on
               progress made by the National Monitoring Directorate and the Government of Iraq
               with regard to dual-use controls and harmonizing Iraqi export legislation with
               international standards;
                    4.    Takes note of the summary briefings provided by UNMOVIC/UNSCOM
               and IAEA on their respective activities in Iraq since 1991, and expresses
               appreciation for their dedicated work;
                     5.   Requests the Secretary-General to take all necessary measures to provide
               for the appropriate disposition of UNMOVIC’s archives and other property under
               arrangements ensuring, in particular, that sensitive proliferation information or
               information provided in confidence by Member States is kept under strict control,
               and further requests that the Secretary-General inform the Security Council within
               three months on steps taken in this regard;
                     6.   Requests the Secretary-General to transfer to the Government of Iraq
               through the Development Fund for Iraq not later than three months from the date of
               this resolution, all remaining unencumbered funds in the account established
               pursuant to paragraph 8 (e) of resolution 986 (1995), after returning to Member
               States at their request contributions made by them pursuant to paragraph 4 of
               resolution 699 (1991);
                    7.   Decides to remain actively seized of the matter.




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Annex I
           Letter from the Secretary of State for Foreign and Commonwealth
           Affairs of the United Kingdom of Great Britain and Northern
           Ireland and Secretary of State of the United States of America
           to the United Nations addressed to the President of the
           Security Council
                 The United States of America and the United Kingdom of Great Britain and
           Northern Ireland wish to inform the Security Council of the steps that have been taken
           with regard to ensuring Iraqi compliance with its disarmament obligations, as called for in
           Council resolution 1483 (2003).
                 Together with the Government of Iraq and other Member States, the United States
           and the United Kingdom, pursuant to the letter dated 8 May 2003 from their Permanent
           Representatives to the United Nations addressed to the President of the Security Council
           (S/2003/538), have been working since March 2003 with the objective of locating and
           securing, removing, disabling, rendering harmless, eliminating or destroying weapons of
           mass destruction, ballistic missiles and related delivery systems and programmes in Iraq
           developed under the regime of Saddam Hussein.
                 We wish to inform the Security Council that all appropriate steps have been taken to
           secure, remove, disable, render harmless, eliminate or destroy (a) all of Iraq’s known
           weapons of mass destruction and ballistic missiles with a range of greater than
           150 kilometres and (b) all known elements of Iraq’s programmes established to research,
           develop, design, manufacture, produce, support, assemble and employ such weapons and
           delivery systems, subsystems and components thereof.
                 Furthermore, we wish to draw the attention of the Security Council to the
           conclusions of the report issued by the Special Advisor to the United States Director of
           Central Intelligence on Iraq’s Weapons of Mass Destruction (“the Duelfer Report”)
           following a review of Iraq’s weapons of mass destruction programmes, undertaken by
           drawing upon information received from former Iraqi officials, other Iraqi citizens,
           suspected weapon sites and both technical and procurement-related documents. In the
           course of their investigation, Iraq Survey Group analysts visited suspected weaponsrelated sites and searched through documents. The report and its addenda are available
           from the following website: https://www.cia.gov/library/reports/general-reports-1/iraq_wmd_2004/index.html.
                 The letter dated 24 April 2007 from the Minister for Foreign Affairs of Iraq to the
           President of the Security Council (S/2007/236, annex) outlines additional actions that Iraq
           has taken and other actions that it intends to take in the near future to demonstrate and
           affirm to the international community its belief that it is now in full compliance with its
           disarmament obligations under the relevant Council resolutions.

                                                                         (Signed) Condoleezza Rice
                                                                                  Secretary of State
                                                                           United States of America
                                                                                Signed 27 June 2007
                                                                      (Signed) Margaret Beckett
                                                                             Secretary of State for
                                                             Foreign and Commonwealth Affairs
                                             United Kingdom of Great Britain and Northern Ireland
                                                                               Signed 22 June 2007


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Annex II
               Letter dated 8 April 2007 from the Minister for
               Foreign Affairs of Iraq addressed to the President
               of the Security Council
                                                                                 [Original: Arabic]

                     I have the honour to address the present letter to you, and through you to the
               other members of the Security Council, requesting, on behalf of the Government of
               Iraq, that the Council consider terminating the mandates of the United Nations
               Monitoring, Verification and Inspection Commission (UNMOVIC) and the Iraq
               Action Team of the International Atomic Energy Agency (IAEA) established by the
               Security Council resolutions on the elimination and removal of former Iraqi
               weapons of mass destruction, as there are no longer any legal or technical grounds
               for continuing their mandate and we are certain that Iraq currently has none of the
               programmes or weapons in question. In this connection, please note the following:
                     1.    Today Iraq has a democratically elected Government and a new
               Parliament in addition to a Constitution that has been approved by the Iraqis. Today
               it declares that it is joining the global democratic community in its support for the
               international non-proliferation regime.
                     2.    Article 9 (e) of the Permanent Constitution of the Government of Iraq
               states that: “The Iraqi Government shall respect and implement Iraq’s international
               obligations regarding the non-proliferation, non-development, non-production and
               non-utilization of nuclear, chemical and biological weapons, and shall prohibit
               associated equipment, materiel, technologies and communication systems for use in
               the development, manufacture, production and utilization of such weapons”. This
               Constitution was approved by the Iraqi people in the national referendum held in
               2005.
                    3.   As Security Council members know, the Iraqi Government has
               cooperated fully with the Iraq Survey Group (ISG) in respect of the former regime’s
               weapons programme.
                     4.  Today the Iraqi Government affirms its full commitment to the relevant
               Security Council resolutions and, in that connection, reiterates the request that it
               made to the President of the Council in March 2005, as well as the letter from the
               Iraqi Prime Minister of 11 November 2006 calling for the termination of the
               mandates of UNMOVIC and the IAEA Iraq Action Team.
                     5.    The Iraqi Government reiterates its commitment to the Treaty on the
               Non-Proliferation of Nuclear Weapons, the safeguards agreement of the
               International Atomic Energy Agency, the Biological Weapons Convention and the
               1925 Geneva Protocol for the Prohibition of the Use in War of Asphyxiating,
               Poisonous or Other Gases, and of Bacteriological Methods of Warfare. The
               provisional Iraqi Government announced previously in July 2004 its commitment to
               all the agreements and conventions on the prevention of proliferation. The Iraqi
               technical authorities have elaborated a draft law on Iraq’s accession to the Chemical
               Weapons Convention, which is currently before the Parliament — the country’s
               legislative branch — with a view to its adoption and preparations are under way for




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           accession to the Model Additional Protocol of the International Atomic Energy
           Agency’s safeguards regime.
                 6.    With regard to coordination with IAEA on a code of conduct on the
           safety and security of radioactive sources in Iraq, Iraq has set up an agency
           responsible for identifying radioactive sources in Iraq and guaranteeing their
           security, namely, the Iraqi Radioactive Sources Regulatory Authority. Since the fall
           of the previous regime, IAEA has made four successful verification visits to the
           Tuwaitha site — in June 2003, August 2004, September 2005 and, most recently, in
           November 2006.
                 7.    The Iraqi National Monitoring Directorate is overseeing the transfer of
           dual-use substances and is now making every effort to harmonize Iraqi export
           legislation with international standards. Iraq has submitted its national report in
           accordance with its obligations under Security Council resolution 1540 (2004).
                8.    The Iraqi Government has undertaken to guarantee the security of its
           borders by strengthening controls in cooperation with the multinational force.
                The Government and people of my country hope that the Security Council will
           make a serious and objective assessment of the situation in Iraq — namely, the
           absence of weapons of mass destruction and related programmes — and take the
           appropriate decision to terminate the mandate of UNMOVIC and the IAEA Iraq
           Action Team and transfer the balance in the Iraq account opened by the United
           Nations to the Development Fund for Iraq, for the purposes of investment.
                 I should be grateful if you would have the text of the present letter circulated
           to the members of the Security Council as a document of the Security Council.

                                                                       (Signed) Hoshyar Zebari
                                                             Minister for Foreign Affairs of Iraq
                                                                                   8 April 2007




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