[House Document 105-33]
[From the U.S. Government Publishing Office]



105th Congress, 1st Session - - - - - - - - - - - House Document 105-33


 
                            STATUS ON IRAQ

                               __________

                             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 U.N. SECURITY COUNCIL--RECEIVED IN THE 
  UNITED STATES HOUSE OF REPRESENTATIVES JANUARY 9, 1997, PURSUANT TO 
                  PUB. L. 102-1, SEC. 3 (105 STAT. 4)




February 4, 1997.--Referred to the Committee on International Relations 
                       and ordered to be printed


                                           The White House,
                                       Washington, January 7, 1997.
Hon. Newt Gingrich,
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 U.N. Security 
Council (UNSC). This report covers the period from November 4 
to the present.
    Saddam Hussein remains a threat to his people and the 
region. The United States successfully responded to the 
increased threat resulting from Saddam's attack on Irbil in 
late August, but he continues to try to manipulate local 
rivalries in northern Iraq to his advantage. The United States 
and our coalition partners continue to enforce the no-fly zone 
over southern Iraq. Enforcement of the northern no-fly zone 
also continues uninterrupted, despite a restructuring of 
operations. Because of changes in its mission as a result of 
the closing last fall of the Military Command Center (MCC) in 
the city of Zakho, Iraq and the shift of humanitarian 
assistance in the north under UNSCR 986 to international 
organizations, the designation ``Provide Comfort'' will no 
longer be used to describe the operation. The United Kingdom 
will continue to take part in this mission; however, France has 
chosen not to continue to participate in this endeavor. None of 
these changes affect our firm commitment to ensuring that the 
northern no-fly zone is fully enforced.
    Besides our air operations, we will continue to maintain a 
strong U.S. presence in the region in order to deter Saddam. 
U.S. force levels have returned to approximate pre-Operation 
Desert Strike levels, with land and carrier based aircraft, 
surface warships, a Marine amphibious task force, a Patriot 
missile battalion, and a mechanized battalion task force 
deployed in support of USCINCCENT operations. As an additional 
deterrent against Iraqi aggression, F-117 aircraft remain 
deployed to Kuwait. Since submission of my last report, 
USCINCCENT has completed the initial phases of Operation Desert 
Focus, with the relocation and consolidation of all combatant 
forces in Saudi Arabia into more secure facilities throughout 
Saudi Arabia. To enhance force protection throughout the 
region, additional military security personnel have been 
deployed for continuous rotation. USCINCCENT continues to 
closely monitor the security situation in the region to ensure 
adequate force protection is provided for all deployed forces.
    United Nations Security Council Resolution (UNSCR) 949, 
adopted in October 1994, demands that Iraq not threaten its 
neighbors or U.N. operations in Iraq and that it not redeploy 
or enhance its military capacity in southern Iraq. In view of 
Saddam's reinforced record of unreliability, it is prudent to 
retain a significant U.S. force presence in the region in order 
to maintain the capability to respond rapidly to possible Iraqi 
aggression or threats against its neighbors.
    In northern Iraq, we have made some limited progress in 
strengthening the October 23 cease-fire and encouraging 
political reconciliation between the two main Iraqi Kurd 
groups, the Kurdistan Democratic Party (KDP) and the Patriotic 
Union of Kurdistan (PUK). Assistant Secretary of State for Near 
Eastern Affairs Robert Pelletreau co-chaired talks between the 
KDP and the PUK in Turkey on October 30 and November 15, 
alongside representatives of the Turkish and British 
governments. During these talks, we obtained agreement from the 
two parties that the neutral, indigenous Peace Monitoring Force 
(PMF) would demarcate and observe the cease-fire line. To 
support the PMF, I have directed, under the authorities of 
sections 552(c) and 614 of the Foreign Assistance Act of 1961, 
as amended, the drawdown of up to $4 million in Department of 
Defense commodities and services, and the Secretary of State 
has made a determination under which we will provide up to $3 
million for uniforms, tents, generators and other non-lethal 
supplies. Issues related to PMF operations are discussed 
regularly by a Supervisory Peace Monitoring Group that meets in 
Ankara and is composed of U.S., U.K. and Turkish 
representatives, as well as members of the indigenous relevant 
parties. In these and other high level meetings, this 
Administration has consistently warned all concerned that 
internecine warfare in the north can only work to the advantage 
of Saddam Hussein and Iran, which we believe has no role to 
play in the area. In this connection, we remain concerned about 
the KDP's links to Baghdad and the PUK's ties to Iran.
    Despite the cease-fire and other efforts, many residents of 
northern Iraq continued to face threats from Baghdad due to 
their association with U.S.-affiliated nongovernmental 
organizations, who had undertaken relief work in northern Iraq 
over the past few years. In response, this Administration, with 
the assistance of Turkey, conducted a third humanitarian 
evacuations operation of approximately 3,780 residents of 
northern Iraq whose lives were directly threatened by the Iraqi 
regime. All of the evacuees are being processed on Guam under 
the U.S. refugee resettlement program, while most of the 2,700 
evacuated under two previous operations are now resettled in 
the United States.
    The United States, working through the United Nations and 
humanitarian relief organizations, continues to provide 
humanitarian assistance to the people of northern Iraq. We have 
contributed more than $15 million this fiscal year to programs 
in the north administered by the U.N. International Children's 
Emergency Fund (UNICEF) and the World Food Program (WFP). 
Security conditions in northern Iraq remain tenuous at best, 
with Iranian and PKK (Kurdistan Workers Party) activity adding 
to the ever-present threat from Baghdad.
    On December 9, the U.N. Secretary General submitted his 
formal report to the UNSC stating that all necessary conditions 
for implementation of UNSCR 986 had been met. Following this 
action, the resolution went into effect 12:01 a.m. on December 
10. UNSCR 986 authorizes Iraq to sell up to $2 billion of oil 
during an initial 180-day period, with the possibility of UNSC 
renewal for subsequent 180-day periods. Resolution 986 provides 
that the proceeds of this limited oil sale, all of which must 
be deposited in a U.N. escrow account, will be used to purchase 
food, medicine, and other materials and supplies for essential 
civilian needs for all Iraqi citizens, and to fund vital U.N. 
activities regarding Iraq. Critical to the success of UNSCR 986 
is Iraq's willingness to follow through on its commitments 
under 986 to allow the U.N. to monitor the distribution of food 
and medical supplies to the Iraqi people.
    We have already seen good evidence that the safeguards 
systems is working: when Saddam Hussein pushed a button in 
Kirkuk on December 10 to turn on the flow of oil before any oil 
contracts had been approved by the U.N., the U.N. made him turn 
it off. The oil flow began again, under proper U.N. 
supervision, a short time later.
    The Government of Iraq has, since my last report, continued 
to flout its obligations under a number of Security Council 
resolutions in other ways. Under the terms of relevant UNSC 
resolutions, Iraq must grant the United Nations Special 
Commission on Iraq (UNSCOM) inspectors immediate, 
unconditional, and unrestricted access to any location in Iraq 
they wish to examine, and access to any Iraqi official whom 
they wish to interview, so that UNSCOM may fully discharge its 
mandate. Iraq continues, as it has for the past 5 years, to 
fail to live up either to the letter or the spirit of this 
commitment.
    In his October 11 semiannual written report to the Security 
Council, UNSCOM Executive Chairman Rolf Ekeus outlined in 
comprehensive detail Iraq's past and ongoing efforts to conceal 
evidence of its weapons of mass destruction (WMD) programs. In 
his December 18 briefing to the Security Council, Ekeus urged 
it to take action to reverse Iraq's current blocking of UNSCOM 
removal of 130 SCUD motors from Iraq for analysis. As reported 
to the press by Security Council President Fulci that day, 
Ekeus informed the Council that he thought significant numbers 
of SCUD missiles still exist in Iraq. As long as Saddam refuses 
to cooperate fully with U.N. weapons inspectors, UNSCOM will be 
impeded in its efforts to fulfill its mandate to ensure that 
Iraq's WMD program has been eliminated. We will continue to 
fully support the mandate and the efforts of the Special 
Commission to obtain Iraqi compliance with all relevant U.N. 
resolutions.
    The implementation of the export/import monitoring 
mechanism approved by the Security Council in Resolution 1051 
began on October 1. Resolution 1051 approved a mechanism to 
monitor Iraq's undertaking to reacquire proscribed weapons 
capabilities by requiring that Iraq inform the U.N. in advance 
of any imports of dual-use items and that countries provide 
timely notification of the export to Iraq of dual-use items.
    Iraq also continues to stall and obfuscate rather than work 
in good faith toward accounting for the hundreds of Kuwaitis 
and third-country nationals who disappeared at the hands of 
Iraqi authorities during the occupation. It has also failed to 
return all of the stolen Kuwaiti military equipment and the 
priceless Kuwaiti cultural and historical artifacts, which were 
looted during the occupation.
    Iraq's repression of its Shi'a population continues with 
policies aimed at destroying the Marsh Arabs' way of life in 
Southern Iraq, as well as the ecology of the southern marshes. 
The human rights situation throughout Iraq remains unchanged. 
Saddam Hussein shows no signs of complying with UNSCR 688, 
which demands that Iraq cease the repression of its own people.
    The Multinational Interception Force (MIF) remains on 
station in the Arabian Gulf. Our commitment to the enforcement 
of the sanctions regime is clearly demonstrated by the 
significant investment we have made with our naval forces in 
this area. Since my last report, 10 vessels have been 
intercepted and diverted for sanctions violations. Most of the 
vessels diverted have been engaged in illegal oil smuggling, 
but in recent weeks, we have begun to intercept smaller boats 
attempting to smuggle Iraqi dates as well. Traditionally, our 
naval forces encounter an increase in date smugglers as Ramadan 
approaches.
    We continue to note suspected smugglers using the 
territorial waters of Iran to avoid interception by the MIF. 
Due to the geography of the Gulf, it is possible to transit 
from Iraqi ports to the UAE and the Indian Ocean without 
entering international waters. We believe, and have confirmed 
in some instances, that smugglers utilize these routes to 
export Iraqi petroleum products in violation of UNSCR 661. We 
believe that there are elements within the Iranian government 
who profit from charging ``protection fees'' for the safe 
passage through Iranian waters. We have presented evidence of 
this to the United Nations Sanctions Committee, and I am 
pleased to report that the Committee has decided to admonish 
Iran for failing to halt sanctions violators in its waters.
    The recent implementation of UNSCR 986 will increase the 
workload of our naval forces participating in the MIF. We are 
prepared to meet the increased monitoring effort in the coming 
months. The surge in maritime traffic expected to occur with 
the implementation of UNSCR 986 will necessitate extreme 
vigilance to ensure that those who would profit from illegal 
trade with Iraq are not given the opportunity to succeed.
    The United Nations Compensation Commission (UNCC), 
established pursuant to UNSCR 687, continues to resolve claims 
against Iraq arising from Iraq's unlawful invasion and 
occupation of Kuwait. The UNCC has issued over 1 million awards 
worth approximately $5.2 billion. At its most recent meeting, 
the UNCC Governing Council approved an award of $610 million on 
the claim by the Kuwait national oil company for the costs of 
extinguishing the oil well fires ignited by Iraq at the end of 
the Gulf War. The UNCC has authorized to date only limited 
payments for fixed awards for serious personal injury or death 
because additional funds to pay awards have been unavailable 
due to Iraq's refusal to comply with all relevant sanctions. 
With the advent of oil sales under UNSCR 986, however, 30 
percent of the proceeds (which is anticipated to be as much as 
$100 million per month) will be allocated to the Compensation 
Fund. These proceeds will be used to make installment payments 
on awards already made and to finance the operations of the 
UNCC.
    To conclude, Iraq remains a serious threat to regional 
peace and stability. I remain determined to see Iraq comply 
fully with all of its obligations under U.N. Security Council 
resolutions. My Administration will continue to oppose any 
relaxation of sanctions until Iraq demonstrates its peaceful 
intentions through such compliance.
    I appreciate the support of the Congress for our efforts 
and shall continue to keep the Congress informed about this 
important issue.
            Sincerely,
                                                William J. Clinton.
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