U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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99–011 2002

107th Congress, 2d Session – – – – – – – – – – – – House Document 107–175

IRAQ’S COMPLIANCE WITH UNITED NATIONS

SECURITY COUNCIL RESOLUTIONS

COMMUNICATION

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

A REPORT ON THE STATUS OF EFFORTS TO OBTAIN IRAQ’S COMPLIANCE WITH THE RESOLUTIONS ADOPTED BY THE UNITED

NATIONS SECURITY COUNCIL, PURSUANT TO 50 U.S.C. 1541

JANUARY 24, 2002.—Referred to the Committee on International Relations

and ordered to be printed

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THE WHITE HOUSE,

Washington, January 23, 2002.

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 providing a report prepared by my Administration on the status of efforts to obtain Iraq’s compliance with the resolutions adopted by

the United Nations Security Council. The last report, consistent

with Public Law 102–1, was transmitted on October 11, 2001.

Sincerely,

GEORGE W. BUSH.

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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 are continuing our Iraq policy review to determine the best means of advancing our 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 1382) providing for the Security Council to adopt and implement the Goods

Review List (GRL) as the basis of UN controls on Iraq on May 30,

2002. This approach would maintain UN controls to prevent Iraq

from acquiring items to support Iraq’s ballistic missile, conventional military or nuclear, chemical, or biological weapons programs. We are continuing consultations with other Security Council members to ensure adoption and implementation of the GRL

during the next phase of the ‘‘Oil-for-Food’’ program. We are enforcing No-Fly Zones over northern and southern Iraq to carry out vital

United Nations Security Council (UNSC) resolutions in an effort to

help ensure the safety of citizens of specific ethnic and religious

groups, and Iraq’s neighbors. We are considering how best to

achieve our objective of regime change.

We will continue to contain the threats posed by Iraq, but over

the long term, the most effective and lasting way to end these

threats 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. As part of that effort, the

Iraqi National Congress (INC) continues to be funded for a variety

of activities by the State Department, and continues to receive

training under the drawdown authority of the Iraq Liberation Act

(ILA).

Iraq still rejects 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 is implementing those parts of the

resolution which do not require Iraqi cooperation. In its quarterly

report to the Council on December 6, 2001, UNMOVIC updated the

UN Security Council on measures it is taking to prepare for inspections in Iraq. UNMOVIC Executive Chairman Dr. Hans Blix stated

that UNMOVIC inspectors are prepared and ready to return to

Iraq. To provide UNMOVIC the best support possible, we consult

regularly with Dr. Blix and his staff. In its semi-annual report to

the UN Security Council on October 5, 2001, the IAEA indicated

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it is similarly prepared to return to Iraq, but that the longer the

suspension of resolution-related inspections lasts, the more difficult

it will be and the more time will be required for the Agency to reestablish a level of knowledge comparable to that achieved at the

end of 1998.

Ambassador Yuli Vorontsov, the Secretary General’s high-level

coordinator for Kuwait Issues, presented his semi-annual report on

stolen Kuwaiti property on June 20, 2001, and on August 21, 2001,

he submitted this 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 for 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 November 29, the Security Council extended the

current phase of the ‘‘Oil-for-Food’’ program for an additional 180

days. During this time, we will continue to work with Security

Council members to agree on the details of a new resolution implementing our approach.

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 to deter Baghad

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, if 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-toair 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 United States

continues to approach potential participants in the MIF to augment

current partners. Canadian, Australian, and British forces are currently operating with U.S. forces.

In large part, member states of the Gulf Cooperation Council

(GCC) continue to 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

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(Saudi Arabia, Qatar and Bahrain have accepted ships in the past,

but now refuse), but all provide support in some form to the enforcement of UNSCRs against Iraq.

From September through November 2001, monthly totals of

smuggled petroleum products through the Gulf averaged slightly

less than those 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, serves 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, including Americans, in

an on-call or ‘‘roster’’ category. UNMOVIC has completed four

training courses and plans to hold a fifth course in early 2002. The

United States provides 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 December 6,

2001, UNMOVIC issued its latest report on steps it is taking to

prepare for inspections in Iraq. Dr. Blix has said that UNMOVIC

inspectors are prepared and ready to return to Iraq.

The United States also provides support to and holds regular

consultations with the IAEA Iraq Action Team. In its semi-annual

report to the UN Security Council on October 5, 2001, the IAEA

indicated that it has maintained its readiness to resume

verification and monitoring activities in Iraq, but that the longer

the suspension of resolution-related inspections lasts, the more difficult it will be and the more time will be required for the Agency

to re-establish a level of knowledge comparable to that achieved at

the end of 1998.

Dual-Use Items

‘‘Oil-for-Food’’ program revenues are designated for humanitarian

purposes only, but we remain concerned that Iraq is abusing this

program in an attempt to acquire goods and materials for its weapons programs. Currently, the United States, as a member of the

UN Iraq Sanctions Committee, reviews all contracts under the ‘‘Oilfor-Food’’ program (unless the items are on a list pre-approved for

expedited humanitarian export) to ensure that prohibited items are

not exported to Iraq and dual-use items are not diverted to Iraqi

weapons programs. However, on November 29, 2001, the United

Nations Security Council unanimously adopted Resolution 1382. In

this resolution, the Council agreed to adopt and implement a Good

Review List (GRL) by May 30, 2002, subject to any refinements

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agreed to by the Council prior to that date. When implemented, the

GRL will maintain UN controls on items deemed useful in supporting Iraq’s ballistic missile, conventional military, and nuclear,

chemical, and biological weapons programs. At the same time, this

approach will lift economic sanctions on purely civilian trade with

Iraq.

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).

UNSCR 1051 also established lists of items subject to review in all

four weapons categories—ballistic missile, nuclear, chemical and

biological. As noted in the last report, these lists were updated by

UNMOVIC and the IAEA. Under UN Security Council resolution

1284, UNMOVIC has assumed this responsibility from UNSCOM,

with the added requirement to identify if, in their estimation, a

contract contains a 1051-listed good. UNMOVIC and the IAEA

have continued to perform this duty during this reporting period.

Under UNSCR 1382, UNMOVIC and the IAEA would be charged

with screening all ‘‘Oil-for-Food’’ contracts for GRL-listed items.

Under this approach, the GRL includes the 1051 lists and items

that Iraq could use to support its conventional military. 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 were available.

The UN’s ‘‘Oil-for-Food’’ Program

We support the international community’s efforts to provide for

the humanitarian needs of the Iraqi people through the ‘‘Oil-forFood’’ 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 November 30, 2001, Iraq had exported more than $5.2 billion worth

of oil during the tenth six-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, 19,795 contracts for humanitarian goods worth over $29 billion have been approved through

October 31, 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 have increased. The Security Council’s commitment in recently adopted resolution 1382 to implement the Goods Review List

and related procedures on May 30, 2002, will help eliminate holds

(contracts would either be approved or submitted to the sanctions

committee members for approval or denial), while ensuring that

the Iraqi regime has less access to the goods most important to its

re-armament efforts.

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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 November 19 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. Approximately $2.0 billion remains unobligated in the ‘‘Oil-for-Food’’ escrow account, as of November 19,

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 delays in the issuance of visas for

UN personnel demonstrate that the Iraqi regime is trying 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 in compliance with

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

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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 demands immediate access for 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 December 19, 2001, the UN General Assembly passed a resolution

that strongly condemned ‘‘the systematic, widespread and extremely grave violations of human rights and of international humanitarian law by the Government 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. The government fails to use revenues earned via the

‘‘Oil-for-Food’’ or from illicit trade 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 continuing its ethnic cleansing policy of forcibly expelling ethnic Kurds and Turkomans for 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 government worthy of its people—a government prepared

to live in peace with its people and its neighbors.

Since October, we have been making short-term extensions to our

cooperative agreement with the Iraqi National Congress (INC), as

we negotiate a new agreement with them. The funding in the current grant has allowed the INC to continue operations at its headquarters and satellite offices, begin satellite television broadcasting

into Iraq, continue production and distribution of its newspaper,

undertake outreach programs to further develop its organization,

deploy teams to advocate the interests of the Iraqi people at international fora, plan for the delivery of humanitarian relief to Iraqis

in need, collect information on the Iraqi regime, and manage assistVerDate 11-MAY-2000 03:59 Jan 25, 2002 Jkt 099011 PO 00000 Frm 00010 Fmt 6601 Sfmt 6602 E:\HR\OC\HD175.XXX pfrm01 PsN: HD175
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ance provided under the Iraq Liberation Act (ILA). The grant extension for January 2002 does not include funding for the INC’s

collection of information on the Iraqi regime (due to ongoing financial management and internal control weaknesses that must be resolved before funding for the program can resume) and the INC’s

DC and London offices that exist to facilitate training drawndown

under the ILA (because the INC has refused since November to

sign up new trainees for courses). We plan to reach a new agreement with the INC shortly, 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 UNSCRs 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 $35.79

billion, and has already paid $13.7 billion of those awards. Of the

former amount, the United States Government has been awarded

approximately $665.3 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, there was a reduction in that

allotment to 25 percent. This reduction has been extended with

each subsequent rollover, including the latest one starting on November 29, 2001, as embodied in UNSCR 1382. The reduction is

designed to make funds available for specific programs intended to

meet pressing humanitarian needs of the Iraqi people.

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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