[House Document 106-223]
[From the U.S. Government Publishing Office]





106th Congress, 2d Session - - - - - - - - - - - House Document 106-223
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        STATUS OF U.S. EFFORTS REGARDING IRAQ'S COMPLIANCE WITH        
                           UNSC 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 U.N. SECURITY COUNCIL, PURSUANT TO 50 U.S.C. 
                                  1541




 April 12, 2000.--Referred to the Committee on International Relations 
                       and ordered to be printed

                                -------                                

                    U.S. GOVERNMENT PRINTING OFFICE
79-011                     WASHINGTON : 2000       




                                           The White House,
                                        Washington, April 10, 2000.
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. My last report, consistent with Public Law 
102-1, was dated January 7, 2000. I shall continue to keep the 
Congress informed about this important issue.
            Sincerely,
                                                William J. Clinton.


     Status of U.S. Efforts Regarding Iraq's Compliance With UNSC 
                              Resolutions

Overview

    We are convinced that 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 
will continue to contain these threats, but over the long term 
the best way to address them is through a new government in 
Baghdad. To this end, we continue to work intensively with the 
Iraqi opposition.
    On December 17, 1999, the UN Security Council adopted 
Resolution 1284. This comprehensive resolution, which addresses 
disarmament, humanitarian and Kuwait-related issues, reaffirms 
Iraq's failure to comply with existing UN Security Council 
resolutions and its continuing obligation to do so. This 
resolution establishes a new disarmament and monitoring regime, 
the UN Monitoring, Verification and Inspection Commission 
(UMMOVIC). UNMOVIC maintains the same mandate, rights, 
privileges, facilities and immunities as the UN Special 
Commission (UNSCOM). This resolution also reaffirms the 
International Atomic Energy Agency's (IAEA) mandate in Iraq. 
The resolution directs both inspection organizations to address 
unresolved disarmament issues and to establish reinforced 
systems of ongoing monitoring and verification. The resolution 
also authorizes Iraq, under the UN's ``oil-for-food'' program, 
to export as much oil as required to meet humanitarian needs 
and calls for other enhancements of the program. The resolution 
calls for the appointment of a high-level coordinator to 
monitor Iraqi compliance with its obligations to return stolen 
Kuwaiti property, and to account for Kuwaiti and third-country 
nationals.
    If Iraq fulfills key disarmament tasks and cooperates with 
inspectors for 120 days after reinforced monitoring is fully 
operational, the Security Council could act to suspend 
sanctions, provided appropriate controls are in place and 
bearing in mind the humanitarian purposes of the Security 
Council's decisions. The embargo on military imports would 
remain in place, and dual-use items would continue to require 
prior approval. The Security Council would have to renew 
suspension every 120 days, and if Iraq ceased cooperation, 
sanctions would be automatically reimposed.
The Maritime Interception Force
    The maritime Multinational Interception Force (MIF) 
continues to enforce UN sanctions in the Gulf. The United 
States Government continues to approach potential participants 
in the MIF to augment current partners.
    Member states of the Gulf Cooperation Council (GCC) 
continue to provide logistical support and shipriders to the 
MIF and to accept vessels diverted for violating UN sanctions 
against Iraq. The smuggling of refined petroleum products 
through the Gulf has reached record levels. Following a ten-
month cessation of smuggling through the Gulf after Operation 
Desert Fox in December 1998, Iraq is now exporting over 100,000 
barrels per day through the Gulf. This trade represents over 
$40 million per month in uncontrolled revenue for the Iraqi 
regime. The single most important factor contributing to the 
increase in smuggling is the elevated price of oil and the 
resulting incentive for the smuggler.
    The MIF, and our ability to augment it rapidly, will 
continue to serve as a critical deterrent to both the smuggling 
of petroleum products out of Iraq, and the smuggling of 
prohibited items into Iraq. On March 23, Vice Admiral Moore, 
U.S. Navy, Coordinator of the Multinational Interception Force, 
made a presentation to the United Nations Iraq Sanctions 
Committee emphasizing the extent of current oil smuggling. In 
addition to the high price of oil, he noted that complicity of 
some Iranian officials plays a key role in successful 
smuggling. The Security Council shares our concern about this 
illicit activity and is also seeking to curtail it.
UNMOVIC/IAEA: Weapons of mass destruction
    There have been no UN Security Council-mandated inspections 
in Iraq since December 15, 1998. Iraq's defiance of the 
international consensus as expressed by Resolution 1284 has 
meant that no progress has been made in addressing Iraq's 
outstanding disarmament obligations. Iraq remains in violation 
of its disarmament obligations to end all programs to develop 
weapons of mass destruction and long-range missiles. Despite 
Iraq's defiance, it remains our intent to support UNMOVIC and 
the IAEA as they work to carry out the Security Council's 
mandate.

Dual-use imports

    Aware of Iraq's history of threatening its neighbors and 
its own people, the United States in the UN Iraq Sanctions 
Committee carefully reviews all items proposed for sale to Iraq 
to ensure that items which pose significant dual-use concerns 
are not approved. Resolution 1051 established a joint UNSCOM/
IAEA unit to monitor Iraq's imports of allowed dual-use WMD 
items (known as ``1051''-listed goods). Under UN Security 
Council Resolution 1284, UNMOVIC has assumed this 
responsibility from UNSCOM. Since weapons inspectors left Iraq 
in December 1998, the only monitoring of the humanitarian 
program is being conducted by UN Office of the Iraq Programme 
inspectors. This situation has presented new challenges for the 
UN Sanctions Committee and is a factor in our contract approval 
process. Because of this situation, the United States has 
placed holds on a number of dual-use contracts.

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. In Resolution 
1284, the UN Security Council authorized Iraq to export as much 
oil as required to meet the humanitarian needs of the Iraqi 
population. Under UN control, the proceeds are used to purchase 
humanitarian goods, to fund claims against Iraq arising out of 
its invasion and occupation of Kuwait, and to meet UN 
administrative costs. UN reporting as of January 11 indicates 
that since the start of the ``oil-for-food'' program 7,321 
contracts for humanitarian goods worth over $9.3 billion have 
been approved. We view Resolution 1284 as a vehicle for robust 
improvement of the humanitarian situation in Iraq and are eager 
to see all aspects of it implemented as rapidly as possible.
    The ``oil-for-food'' program maintains a separate program 
for northern Iraq, administered directly by the United Nations 
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.
    International humanitarian programs including, most 
importantly, the ``oil-for-food'' program, have steadily 
improved the life of the average Iraqi--the ration basket 
provides 2,150 calories per day--and has led to improvements in 
health care, water, sanitation, agriculture, education, and 
other areas, while denying Saddam Hussein control over Iraq's 
oil revenues.
    We will continue to work with the UN Secretariat, the 
Security Council, and others in the international community to 
ensure that the implementation of Resolution 1284 better 
enables the humanitarian needs of the Iraqi people to be met 
while denying political or economic benefits to the Baghdad 
regime.

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. A State 
Department delegation visited northern Iraq in February to 
assess the state of KDP-PUK relations and to encourage more 
rapid implementation of the 1998 agreement.
    The parties remain engaged with one another and are 
committed to addressing their issues peacefully through 
continued negotiation. They work together effectively on many 
fronts, including joint efforts to bring the needs of their 
region to the attention of the United Nations and the 
international community.

The human rights situation in Iraq

    As reflected in the Department of State's Human Rights 
Report for Iraq, released February 25, the human rights 
situation in Iraq continues to fall severely short of 
international norms. Resolution 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 over nine 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. Newly appointed Special 
Rapporteur Andreas Mavrommatis has asked the Government of Iraq 
for access so that he may make a personal inspection. A 
response has not yet been received.
    Human rights NGOs and other interested voices continue to 
call for creation of an international tribunal to address the 
crimes against humanity of the Iraqi leadership. United States 
Government policy supports this view: Saddam Hussein and the 
leadership of the Iraqi regime should be indicted and 
prosecuted for crimes against humanity and war crimes 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 continue 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 most 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 other populations into their places.

The Iraqi opposition

    We are continuing our engagement with 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. 
We will work toward the day when Iraq has a government worthy 
of its people--a government prepared to live in peace with its 
neighbors, a government that respects the rights of its 
citizens rather than represses them.
    We are engaged with the new leadership of the Iraqi 
National Congress (INC), and recently signed a initial grant 
agreement with them for approximately $267,000. This money will 
be used by the INC to run their headquarters, hold a Central 
Committee meeting, undertake outreach programs to energize free 
Iraqis, work more effectively with the international media, and 
manage assistance provided under the Iraq Liberation Act (ILA). 
We expect to receive proposals from the INC for additional 
funding in the near future.

The United Nations Compensation Commission

    The United Nations Compensation Commission (UNCC) was 
established and operates pursuant to Resolutions 687 (1991) and 
692 (1991). The UNCC 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 1.5 million 
awards worth about $15.5 billion. Of these, the U.S. Government 
has received funds from the UNCC for an initial payment on 
approximately 2,879 U.S. claimants and a follow-up payment for 
approximately 1,858 of these claimants. Awards and the costs of 
the UNCC's operation are paid for the from the Compensation 
Fund, which is funded through the allocation to it of thirty 
percent of the proceeds from authorized oil sales under 
Security Council Resolutions 986 (1995) and subsequent 
extensions.

Conclusion

    Iraq remains a serious threat to international peace and 
security. The United States remains determined to see Iraq 
comply fully with all of its obligations under Security Council 
resolutions while at the same time endeavoring to see that the 
humanitarian needs of the Iraqi population are addressed. The 
United States looks forward to 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.