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[House Document 107-132]
[From the U.S. Government Publishing Office]

                                     

107th Congress, 1st Session - - - - - - - - - - -House Document 107-132

 
STATUS OF U.S. EFFORTS REGARDING IRAQ'S COMPLIANCE WITH UNITED NATIONS 
                     SECURITY COUNCIL RESOLUTIONS

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

 HIS REPORT ON THE STATUS OF EFFORTS TO OBTAIN IRAQ'S COMPLIANCE WITH 
     THE RESOLUTIONS ADOPTED BY THE UNITED NATIONS SECURITY COUNCIL

October 12, 2001.--Referred to the Committee on International Relations 
                       and ordered to be printed
                                           The White House,
                                      Washington, October 11, 2001.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: Consistent with the Authorization for Use 
of Military Force Against Iraq Resolution (Public Law 102-1) 
and as part of my effort to keep the Congress fully informed, I 
am reporting on the status of efforts to obtain Iraq's 
compliance with the resolutions adopted by the United Nations 
Security Council.
            Sincerely,
                                                    George W. Bush.
  Status of U.S. Efforts Regarding Iraq's Compliance With UN Security 
                          Council Resolutions

                                OVERVIEW

    As long as Saddam Hussein remains in power, he will 
continue to threaten the well-being of the Iraqi people, the 
peace of the region, and vital U.S. interests. We have already 
strengthened international consensus on the need to change the 
international community's approach to Iraq by unanimous passage 
of a Security Council resolution (UNSCR 1352) that outlines our 
new approach, and we are now working toward passing a 
resolution to implement our approach. We are also considering 
how best to achieve our objective of regime change and how best 
to use the No-Fly Zones to ensure the safety of certain ethnic 
and religious groups, and Iraq's neighbors.
    We will continue to work against threats posed by Iraq, 
but, over the long term, the most effective and lasting way to 
end this threat is through a change of government in Baghdad. 
To this end, we support the Iraqi opposition as part of our 
program to support a transition to democracy in Iraq. The 
opposition has made measureable progress in the past year in 
strengthening its presence, developing its plans, beginning 
administrative and some program operations (such as 
broadcasting) using U.S. funding, and beginning training under 
the Iraq Liberation Act (ILA).
    Iraq continues to reject United Nations Security Council 
(UNSC) Resolution 1284, a binding resolution adopted under 
Chapter VII of the UN Charter, including its requirement that 
Iraq provide the UN Monitoring, Verification and Inspection 
Commission (UNMOVIC) and the International Atomic Energy Agency 
(IAEA) with immediate, unconditional and unrestricted access to 
Iraq and its facilities, equipment, records, and personnel. 
Nonetheless, the UN continues to implement those parts of the 
resolution that do not require Iraqi cooperation. In its 
quarterly report to the Council on August 30, 2001, UNMOVIC 
updated the UN Seccurity Council on measures it is taking to 
prepare for inspections in Iraq, and indicated it ``has reached 
a level of preparedness which would allow it to implement the 
mandate given to it in an independent, effective and non-
provocative manner.'' We consult regularly with Dr. Blix and 
his staff to provide the best support possible. In its semi-
annual report to the UN Security Council on April 6, 2001, the 
IAEA indicated it is similarly prepared.
    Ambassador Yuli Vorontsov, the Secretary General's high-
level coordinator for Kuwait Issues, presented his semiannual 
report on stolen Kuwaiti property on June 20, 2001. On August 
21, 2001, he submitted his periodic report to the Council on 
Kuwaiti and third-country national prisoners. Both of these 
reports demonstrate Iraq's continuing failure to comply fully 
with its obligations under relevant UNSCRs. The Iraqi 
Government continues to deny Ambassador Vorontsov entry to the 
country.
    The ``Oil-for-Food'' program, which is designed to provide 
for the humanitarian needs of the Iraqi people as long as UN 
sanctions remain in place, continues to expand. Iraq exported 
$17.8 billion worth of oil in 2000 with the proceeds going to a 
UN-controlled escrow account. On July 3, 2001, the Security 
Council, having not reached agreement on a new resolution 
embodying the new approach we advocate, extending the current 
phase of the ``Oil-for-Food'' program for an additional 150 
days. During this time, we will continue to work with Security 
Council members to agree on the details of a new resolution 
implementing the approach we favor.

           U.S. AND COALITION FORCE LEVELS IN THE GULF REGION

    Saddam Hussein's record of aggressive behavior necessitates 
the deployment of a highly capable force in the region in order 
to deter Baghdad and respond to any threat it might pose to its 
neighbors, the reconstitution of its weapons of mass 
destruction (WMD), or movement against the Kurds in northern 
Iraq. We will continue to maintain a strong posture and have 
established a rapid reinforcement capability to supplement our 
forces in the Gulf, it needed.

         OPERATION NORTHERN WATCH AND OPERATION SOUTHERN WATCH

    Aircraft of the United States and coalition partners 
patrolling the No-Fly Zones over Iraq under Operations NORTHERN 
WATCH and SOUTHERN WATCH are routinely tracked by Iraqi radar, 
fired upon by anti-aircraft artillery, and attacked with 
surface-to-air missiles. Our aircrews continue to respond in 
self-defense to threats against and attacks on our aircraft 
patrolling the No-Fly Zones in accordance with Central 
Command's (CENTCOM) well-established response options.

                     Maritime Intercept Operations

    The U.S.-led maritime Multinational Interception Force 
(MIF) continues to enforce UN sanctions in the Gulf. The 
UnitedStates continues to approach potential participants in the MIF to 
augment current partners. Canadian, Australian, and British forces are 
currently operating with U.S. forces, and a Polish boarding team 
completed its deployment in December.
    Member states of the Gulf Cooperation Council (GCC) support 
the MIF. The UAE still accepts the vast majority of vessels 
diverted for violating UN sanctions against Iraq, but Kuwait, 
at a distant second, is rapidly building up its numbers. Other 
GCC nations are more hesitant to accept diverted vessels, but 
all provide support in some form to the enforcement of UNSCR5 
against Iraq.
    From June through August 2001, monthly totals of smuggled 
petroleum products through the Gulf averaged approximately the 
same as they were in the previous three-month period. Iran 
continues to deny use of its territorial waters to all but the 
largest of smuggling vessels from which significant fees can be 
obtained.
    The MIF, and our ability to rapidly augment it, will 
continue to serve as a critical deterrent to the smuggling of 
prohibited items and products into and out of Iraq. As our Iraq 
policy develops, we will need to assess whether MIF force 
levels are adequate.

               UNMOVIC/IAEA: WEAPONS OF MASS DESTRUCTION

    There have been no Council-mandated inspections in Iraq 
since December 15, 1998. Iraq's defiance of the international 
consensus, as expressed by UNSCR 1284, has meant that no 
progress has been made in addressing Iraq's outstanding 
disarmament obligations. Iraq remains in violation of its 
obligations to end its programs to develop weapons of mass 
destruction and long-range missiles.
    UNMOVIC has largely completed the hiring of its core staff 
in New York and is continuing to hire people in an on-call or 
``roster'' category, including Americans. UNMOVIC has completed 
five training courses and is planning to hold a sixth course in 
early 2002. The United States continues to provide UNMOVIC with 
course instructors and facilities for hands-on training. We 
consult with Dr. Blix and his staff regularly to provide the 
best support possible. On August 30, 2001, UNMOVIC provided its 
latest report on measures it is taking to prepare for 
inspections in Iraq. IAEA last updated the Council on April 6, 
2001.

                             DUAL-USE ITEMS

    Although the ``Oil-for-Food'' program revenues are 
designated for humanitarian purposes only, we remain concerned 
that Iraq is abusing this program in an attempt to acquire 
goods and materials for its weapons programs. The United 
States, as a member of the UN Iraq Sanctions Committee, reviews 
all contracts under the ``Oil-for-Food'' program (unless the 
items are on a list pre-approved for expedited humanitarian 
export) to ensure that items that are explicitly prohibited or 
are ``dual-use'' items that can be used in either civilian or 
military applications, are not allowed to be exported to Iraq. 
We are continuing work aimed at refining controls to prevent 
Iraq's unrestricted acquisition of such items.
    UNSCR 1051 established a joint UNSCOM/IAEA unit to monitor 
Iraq's authorized imports of WMD and missile-related items 
(WMD/missile-related goods are also known as ``1051''-listed 
goods). Under UN Security Council resolution 1284, UNMOVIC has 
assumed this responsibility from UNSCOM, with the added 
requirement to identify if a contract contains a 1051-listed 
good. UNMOVIC has completed its task of revising the 1051 list 
with the new chemical, biological, and missile lists taking 
effect on July 13, 2001. The IAEA revised nuclear list went 
into effect on July 13, 2001. The IAEA revised nuclear list 
went into effect September 1, 2001. Since weapons inspectors 
left Iraq in December 1998, the UN Office of the Iraq Programme 
is the principal organization allowed to observe goods going 
into Iraq under the ``Oil-for-Food'' program. Various UN 
agencies have provided end-use verification to varying low 
degrees. In the absence of weapons inspectors and other experts 
on the ground in Iraq, the United States has placed holds on a 
number of prohibited or dual-use contracts that otherwise 
likely would have been approved if UNMOVIC/IAEA monitoring was 
available.

                   THE UN'S ``OIL-FOR-FOOD'' PROGRAM

    We continue to support the international community's 
efforts to provide for the humanitarian needs of the Iraqi 
people through the ``Oil-for-Food'' program. Under UN control, 
the proceeds of Iraqi oil sales are used to purchase 
humanitarian goods, fund UN Compensation Commission awards 
against Iraq arising out of its invasion and occupation of 
Kuwait, and to meet UN administrative costs. As of August 24, 
2001, Iraq had exported more than $1.9 billion worth of oil 
during the tenth 6 month phase of the ``Oil-for-Food'' program, 
which began on July 4, 2001. According to UN data since the 
start of the ``Oil-for-Food'' program, 16,978 contracts for 
humanitarian goods worth over $25 billion havebeen approved 
through June 30, 2001. To streamline the approval process for 
humanitarian goods, we have agreed with the UN on a fast-track approval 
process for some goods. However, as purchases under the program have 
moved from basic humanitarian supplies to more expensive infrastructure 
projects, the number and value of U.S. ``holds'' on contracts has 
increased. The new approach outlined in the Security Council this year 
would eliminate holds (contracts would either be approved or denied), 
while ensuring that the Iraqi regime has less access to the goods most 
important to its re-armament efforts.
    The ``Oil-for-Food'' program maintains a separate program 
for northern Iraq, administered directly by the UN in 
consultation with the local authorities. This program, which 
the United States strongly supports, ensures that when Iraq 
contracts for the purchase of humanitarian goods, 13 percent of 
the funds generated under the ``Oil-for-Food'' program are 
spent on items for northern Iraq. Humanitarian efforts in 
northern Iraq have led to a marked contrast between the health 
of the population of the north, where indicators show an 
improvement, and of the population living in the areas where 
the UN does not administer the program.
    International humanitarian programs, including most 
importantly the ``Oil-for-Food'' program, have steadily 
improved the life of the average Iraqi and led to improvements 
in health care, water, sanitation, agriculture, education, and 
other areas, while denying Saddam Hussein control over most of 
Iraq's oil revenues.
    However, as noted most recently in a May 18 UN report, the 
Government of Iraq is not committed to using the funds 
available through the ``Oil-for-Food'' program to improve the 
health and welfare of the Iraqi people. Iraqi actions that have 
reduced oil exports could cost the program more than $3 
billion. Iraq suspended oil exports on June 4, 2001, following 
the adoption of UN Security Council Resolution 1352, apparently 
to express displeasure that the Council had not suspended 
sanctions entirely. Another $1.9 billion remains unobligated in 
the ``Oil-for-Food'' escrow account, as of September 4, 2001. 
In addition, Iraqi contracting delays, cuts in food, medicine, 
educational and other humanitarian sector allocations, 
government attempts to impede or shut down humanitarian NGO 
operations in northern Iraq, and Baghdad's recent expulsion of 
eight UN officials from southern and central Iraq for 
infringing national security demonstrate that the Iraqi regime 
is attempting to undermine the effectiveness of the program. We 
will continue to work with the UN Secretariat, other members of 
the Security Council, and others in the international community 
to ensure that the implementation of UNSCR 1284, and other 
relevant UNSCRs, better enables the humanitarian needs of the 
Iraqi people to be met while denying political or military 
benefits to the Baghdad regime.

                         FLIGHT CONTROL REGIME

    UNSC resolutions are open to competing interpretations 
regarding international flights to Baghdad. The UNSC has so far 
unsuccessfully attempted to reach a consensus agreement on new 
procedures for international flights. In the absence of an 
agreement, we continue to press for adherence to existing 
Sanctions Committee procedures, which allow for Committee 
approval of flights with a demonstrable humanitarian purpose. 
The majority of international flights to Iraq in the past year 
have operated following adherence to UNSC procedures.

                 NORTHERN IRAQ: KURDISH RECONCILIATION

    The Kurdistan Democratic Party (KDP) and the Patriotic 
Union of Kurdistan (PUK) continue their efforts to implement 
the September 17, 1998, reconciliation agreement. They work 
together effectively in a number of areas, including joint 
efforts to bring the needs of their region to the attention of 
the UN and the international community, and within the larger 
Iraqi national democratic opposition movement. The situation in 
northern Iraq is not settled, however, and we continue to look 
for ways to encourage the parties to make greater progress 
toward resolving their differences.

                   THE HUMAN RIGHTS SITUATION IN IRAQ

    The human rights situation in Iraq continues to fall 
severely short of international norms. UNSCR 688 expressly 
notes that the consequences of the regime's repression of its 
own people constitute a threat to international peace and 
security in the region. It also demands immediate access by 
international humanitarian aid organizations to all Iraqis in 
need in all parts of Iraq. Yet, for more than 9 years the Iraqi 
Government has refused to allow the UN Human Rights 
Commission's Special Rapporteur for Iraq to visit the country. 
UN human rights monitors have never been allowed in. On April 
18, 2001, the United Nations Commission on Human Rights 
strongly condemned ``the systematic, widespread and extremely 
grave violations of human rights and of international 
humanitarian law by theGovernment of Iraq, resulting in an all-
pervasive repression and oppression sustained by broad-based 
discrimination and widespread terror.''
    Human rights NGOs and other interested voices continue to 
call for creation of an international tribunal to address the 
war crimes and crimes against humanity of the Iraqi leadership. 
United States Government policy supports this view: the 
leadership of the Iraqi regime should be indicted and 
prosecuted by an international criminal tribunal or by a 
national court that can properly exercise jurisdiction over 
them.
    The Iraqi leadership's abuse of resources for personal 
enrichment and attempts to manipulate the ``Oil-for-Food'' 
program continued unabated. Due to higher world oil prices, 
Iraq has more revenue available to it to address the 
humanitarian needs of its people via the ``Oil-for-Food'' 
program. The Iraqi leadership's command of illicit revenue has 
also risen sharply for the same reason. Nonetheless, the 
government fails to use such resources for the greatest benefit 
to the people of Iraq.
    In the north, outside the Kurdish-controlled areas, we 
continue to receive reports of the regime forcibly expelling 
ethnic Kurds and Turkomans from Kirkuk and other cities, and 
transferring Arabs into their places. Saddam's security 
apparatus continues to repress Shias.

                          THE IRAQI OPPOSITION

    We continue to support the Iraqi Opposition, helping Iraqis 
inside and outside Iraq to become a more effective voice for 
the aspirations of the people, and working to build support for 
the forces of change inside the country. They are working 
toward the day when Iraq has a government worthy of its 
people--a government prepared to live in peace with its people 
and its neighbors. In late June, we extended our agreement with 
the Iraqi National Congress (INC), providing an additional $6 
million for its activities. This funding has allowed the INC to 
continue operations at its headquarters, begin satellite 
television broadcasting into Iraq, undertake outreach programs 
to further develop its organization, deploy teams to advocate 
the interests of the Iraqi people at international fora, 
prepare for the delivery of humanitarian relief to Iraqis in 
need, and manage assistance provided under the Iraq Liberation 
Act (ILA). We plan to reach a new agreement with the INC in 
October to provide them with further funding to continue such 
activities.

               THE UNITED NATIONS COMPENSATION COMMISSION

    The United Nations Compensation Commission (UNCC) was 
established and operates pursuant to UNSCR5 687 (1991) and 692 
(1991). It continues to process claims and pay compensation for 
losses and damages suffered by individuals, corporations, 
governments and international organizations, as a direct result 
of Iraq's unlawful invasion and occupation of Kuwait. To date, 
the UNCC has issued approximately 2.6 million awards worth 
about $35.4 billion, and has already paid $12.7 billion of 
those awards. Of this later amount, the United States 
Government has received approximately $197.8 million from the 
UNCC for payment to U.S. claimants. Awards and the costs of the 
UNCC's operation are paid from the Compensation Fund which is 
funded through the allocation to it of a certain percentage of 
the proceeds from authorized oil sales under Security Council 
resolution 986 (1995) and subsequent extensions. The allotment 
has generally been set at 30 percent. However, for the six-
month phase of the ``Oil-for-Food'' program beginning December 
6, 2000, and ending June 6, 2001, and for the subsequent one-
month extension of that phase, there was a reduction in that 
allotment to 25 percent. The five percent difference is 
designed to fund specific programs intended to meet pressing 
humanitarian needs of the Iraqi people. This reduction to 25 
percent has been continued by the Security Council's 150-day 
extension of the ``Oil-for-Food'' program.

                               CONCLUSION

    Iraq remains a serious threat to international peace and 
security. The Iraqi regime's record on human rights continues 
to be abysmal. The United States remains determined to see Iraq 
comply fully with all of its obligations under UNSC resolutions 
while at the same time endeavoring to see that the humanitarian 
needs of the Iraqi population are addressed. The United States 
will continue to encourage and support those Iraqis working for 
the day when Iraq rejoins the family of nations as a 
responsible and law-abiding member under a new government that 
serves its people, rather than represses them.
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