Security Council resolution 1905 (2009) [on extension of the arrangements for depositing into the Development Fund for Iraq of proceeds from export sales of petroleum, petroleum products and natural gas]
Symbol: S/RES/1905(2009)
Date: 2009-12-21
Status: adopted
Agenda: S/64 [119] IRAQ SITUATION
Subjects: Development Fund for Iraq|Development Fund for Iraq. International Advisory and Monitoring Board|Iraq. Committee of Financial Experts|Charter of the United Nations (1945). Chapter VII|PETROLEUM REVENUES|IRAQ|FUNDS|FINANCIAL RESOURCES|IRAQ SITUATION|INTERNAL OVERSIGHT|PROGRAMMES OF ACTION|AUDITING
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: AUSTRIA
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: JAPAN
vote: yes
country: LIBYAN ARAB JAMAHIRIYA
vote: yes
country: MEXICO
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
country: VIET NAM
vote: yes

               United Nations                                                                  S/RES/1905 (2009)
               Security Council                                                Distr.: General
                                                                               21 December 2009




               Resolution 1905 (2009)
               Adopted by the Security Council at its 6249th meeting, on
               21 December 2009

                    The Security Council,
                    Noting the letter from the Prime Minister of Iraq to the President of the
               Security Council, dated 13 December 2009, which is annexed to this resolution,
                     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), recognizing that Iraqi institutions are
               strengthening, 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 2010 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 (COFE),
                    Acting under Chapter VII of the Charter of the United Nations,
                     1.   Decides to provide an extension, until 31 December 2010, on 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

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               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 2010;
                     3.   Requests the Secretary-General to provide written reports to the Council
               on a quarterly basis, with the first report no later than 1 April 2010, to include
               details on progress made in strengthening financial and administrative oversight of
               the current Development Fund for Iraq, as well as the legal issues and options to be
               considered to implement successor arrangements and an assessment of the
               Government of Iraq’s progress in preparing for the successor arrangements for the
               Development Fund;
                     4.   Calls upon the Government of Iraq to put in place the necessary action
               plan and timeline by 1 April 2010 and to ensure the timely and effective transition to
               a post-Development Fund mechanism by 31 December 2010, which takes into
               account IMF Stand-By Arrangement requirements and includes external auditing
               arrangements and enables Iraq to meet its obligations as established in the
               provisions of paragraph 21 of resolution 1483 (2003);
                     5.    Requests the Government of Iraq through the head of the Committee of
               Financial Experts (COFE) to report to the Security Council on a quarterly basis,
               with the first report no later than 1 April 2010 to provide an action plan and timeline
               for the transition from the Development Fund and details on the progress made in
               strengthening financial and administrative oversight of the current Development
               Fund for Iraq, with subsequent quarterly reports to provide an assessment of
               progress against the action plan and oversight improvements;
                    6.    Decides to remain actively seized of the matter.




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Annex
           Letter dated 13 December 2009 from the Prime Minister of Iraq
           addressed to the President of the Security Council

                 I refer to my letter dated 7 December 2008 addressed to the President of the
           Security Council, in which I made it clear that Iraq is committed to finding a
           satisfactory solution to the problem of the debts and claims that it inherited from the
           previous regime. In that letter, I expressed the wish of the Government of Iraq that
           the temporary assistance provided by the international community should continue,
           in order to permit that goal to be achieved. I also made it clear that the Government
           of Iraq recognizes that the Development Fund for Iraq plays an important role in
           ensuring that oil and gas revenues are employed in the best interests of the Iraqi
           people, and that the International Advisory and Monitoring Board helps to ensure
           that those resources are managed in a transparent and responsible fashion. In 2010,
           the Government of Iraq will make appropriate arrangements for the Development
           Fund for Iraq and the International Advisory and Monitoring Board, with a view to
           ensuring that oil revenue continues to be used fairly and in the interests of the Iraqi
           people. Such arrangements will be in keeping with the Constitution and with
           international best practices with respect to transparency, accountability and
           integrity. Here, I should like to affirm that in 2009, the Government of Iraq made
           great progress in settling the above-mentioned debts and claims, including by
           concluding agreements on the reduction of sovereign debt and other bilateral
           agreements concerning certain claims.
                 During the remainder of 2009 and in 2010, we will take action to recover the
           international financial standing of Iraq while at the same time managing oil and gas
           revenues in order to benefit the people of Iraq.
                 Those goals cannot be achieved without the continued assistance of the
           international community by means of the adoption of a Security Council resolution
           whereby the conditions and arrangements provided for in resolution 1859 (2008) are
           extended. That resolution concerned the extension of the mandates of the
           Development Fund for Iraq and the International Advisory and Monitoring Board
           for a period of 12 months. A review of the new extension should be conducted
           before 15 June 2010 at the request of the Government of Iraq.
                I should be grateful if you would circulate this letter to the members of the
           Security Council as soon as possible and include it as an annex to the resolution
           currently being drafted on the extension of the mandates referred to above.
                Accept, Sir, the assurances of my highest consideration.

                                                                (Signed) Nuri Kamel al-Maliki
                                                          Prime Minister of the Republic of Iraq
                                                                              13 December 2009




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