[House Document 107-56]
[From the U.S. Government Publishing Office]



                                     

107th Congress, 1st Session - - - - - - - - - - - - - House Document 107-56


 
               STATUS OF UNITED STATES 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 
  VARIOUS RESOLUTIONS ADOPTED BY THE UNITED NATIONS SECURITY COUNCIL, 
                       PURSUANT TO 50 U.S.C. 1541




 April 24, 2001.--Referred to the Committee on International Relations 
                       and ordered to be printed
                                           The White House,
                                        Washington, April 12, 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 various resolutions adopted by the United 
Nations Security Council. The last report, consistent with 
Public Law 102-1, was transmitted on January 19, 2001.
            Sincerely,
                                                    George W. Bush.
     Status of U.S. Efforts Regarding Iraq's Compliance With UNSC 
                              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 
conducting a policy review to determine the best means of 
advancing our interests. There are several elements of this 
review, including strengthening international cooperation to 
minimize Iraq's ability to re-arm. We are also 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 best way to eliminate them 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 measurable 
progress in the past year in reestablishing its presence, 
developing its plans, beginning administrative and some program 
operations using United States Government funding, and 
beginning training under the Iraq Liberation Act (ILA).
    Iraq continues to reject United Nations Security Council 
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 
suspected WMD sites in Iraq. Nonetheless, the UN continues to 
implement those parts of the resolution which do not require 
Iraqi cooperation. In its quarterly report to the Council on 
February 27, 2001, UNMOVIC updated the UN Security Council on 
measures it is taking to prepare for inspections in Iraq, and 
indicated it continues to improve on its previously reported 
state of readiness to conduct inspections. We consult regularly 
with Dr. Hans Blix and his staff to provide the best support 
possible.
    Ambassador Yuli Vorontsov, the Secretary General's high-
level coordinator for Kuwait Issues, presented his first report 
on stolen Kuwaiti property on June 14, 2000, and on August 17, 
2000, he submitted his second report to the council on Kuwaiti 
and third-country national prisoners. Both of these reports 
demonstrate Iraq's continuing failure to cooperate fully with 
its obligations to the international community. 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 
UN-controlled escrow account. On December 5, 2000, the Council 
extended the program for an additional 180 days, continuing its 
past practice.

           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 WMD program, 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 still routinely tracked by Iraqi 
radar, are regularly engaged by antiaircraft artillery, and on 
occasion, are attacked by 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. One recent 
example of our continued response to Iraqi provocations was the 
February 16 response against selected air defense targets. 
Leading up to that date, Iraq had made significant upgrades to 
its air defense posture, and had been threatening allied pilots 
more frequently as they patrolled the No-Fly Zones. While this 
response received significant media attention, it was carried 
out in accordance with CENTCOM's 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. A Polish special forces boarding 
team completed three months of participation in January 2001. 
An Argentine boarding team was scheduled to complete 
itsdeployment in March. Australia plant to send a frigate and a 
maritime patrol aircraft in late summer.
    Member states of the Gulf Cooperation Council (GCC) 
continue to support the MIF. The UAE accepts the vast majority 
of vessels diverted for violating UN sanctions against Iraq, 
with Kuwait a distant second. While other GCC nations are 
reluctant to accept diverted vessels, all provide support to 
the enforcement of UNSCRs against Iraq.
    From September through December 2000, the smuggling of 
petroleum products through the Gulf was significantly reduced, 
with monthly totals the lowest in almost two years. This 
reduction was due primarily to the fact that Iran generally 
denied smugglers access to its territorial waters, and possibly 
due to the apparent opening of the Syrian pipeline. While there 
is no indication that Iran has re-opened its territorial seas 
to smugglers, and while the monthly smuggling totals remain 
relatively low, there has been a steady increase since January.
    In early March, 2001, MIF forces observed an exchange of 
gunfire between a smuggling vessel and an Iranian vessel. 
Though no coalition forces were involved, this was the first 
time in ten years of MIF operations that we have encountered an 
armed smuggler.
    The MIF, and our ability to rapidly augment it, 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. 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 Resolution 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 
its first three training courses and will hold a fourth in May 
2001. For its first training program, the United States 
provided 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 February 27, 
UNMOVIC updated the UN Security Council on measures it is 
taking to prepare for inspections in Iraq.

                            dual-use imports

    Although the ``oil-for-food'' program revenues are 
designated for humanitarian purposes only, we remain concerned 
that Iraq is using 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, generally review all 
contracts under the ``oil-for-food'' program to ensure that 
items that are explicitly prohibited or pose significant duel-
use concerns are not allowed to be imported.
    Resolution 1051 established a joint UNSCOM/IAEA unit to 
monitor Iraq's authorized imports of dual-use WMD items (dual-
use 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, in its estimation, a contract contains a ``1051''-
listed good. Since weapons inspectors left Iraq in December 
1998, the UN Office of the Iraq Programme is the only 
organization allowed to observe goods going into Iraq under the 
``oil-for-good'' program. In the absence of weapons inspectors 
and other experts on the ground in Iraq, the United States has 
placed holds on a number of dual-use contracts that otherwise 
might have been approved with UNMOVIC/IAEA monitoring.

                   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 
petroleum and petroleum products as required to meet 
humanitarian needs of the Iraqi population, and for other 
specified purposes. Under UN control, the proceeds are used to 
purchase humanitarian goods, fund UNCC awards against Iraq 
arising out of its invasion and occupation of Kuwait, and to 
meet UN administrative costs. As of March 9, Iraq has exported 
more than $2.0 billion worth of oil during the ninth six-month 
phase of the ``oil-for-food'' program, which began on December 
5, 2000. According to UN data since the start of the ``oil-for-
food'' program 14,118 contracts for humanitarian goods worth 
nearly $20 billion have beenapproved through January 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 has increased. We view 
Resolution 1284 as a vehicle for significant 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 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.
    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 healthcare, water, sanitation, agriculture, education, and 
other areas, while denying Saddam Hussein control over Iraq's 
oil revenues.
    However, as noted in a March 2 UN report, the Government of 
Iraq is not using the funds available through the ``oil-for-
food'' program to improve the health and welfare of the Iraqi 
people. Reduced oil exports, and the conversion of oil funds to 
euros from dollars, could cost the program more than $6 
billion; another $4 billion remain unobligated in the ``oil-
for-food'' escrow account. In addition, Iraqi contracting 
delays, cuts in food, medicine, educational and other 
humanitarian sectors, and government attempts to shut down 
humanitarian NGO operations in northern Iraq 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 
1284, and other relevant UNSCRs, better enables the 
humanitarian needs of the Iraqi people to be met while denying 
political or economic 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. 
Most flights have complied with those 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 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. In his 
first two reports on the human rights situation in Iraq, 
Special Rapporteur Andreas Mavroinmatis urged the government to 
alleviate the suffering of the Iraqi people and to accept and 
comply with the terms of all Security Council resolutions, 
including Resolution 1284.
    Human rights NGOs and other interested voices continue to 
call for the 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. There have also been 
reports of Shia in certain sections of Baghdad being relocated.

                          the iraqi opposition

    We are continuing our support for 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.
    On February 28, 2001, we signed an extension to the $4 
million grant agreement we have with the Iraqi National 
Congress (INC). This extension allows the INC to continue 
operations at its headquarters, begin satellite TV and radio 
broadcasting, 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, initiate an information 
collection program, and manage assistance provided under the 
Iraq Liberation Act (ILA). At the same time, we are working 
with the INC to negotiate a follow-on agreement.

               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 $32 billion. Of these, the United States Government 
has received approximately $190 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 of a certain percentage of the proceeds 
from authorized oil sales under Security Council Resolution 986 
(1995) and subsequent extensions. The allocated percentage has 
generally been set at 30 percent. However, for the current 6-
month phase of the ``oil-for-food'' program, beginning December 
6, 2000, and ending June 6, 2001, there has been a temporary 
reduction in that allotment to 25 percent. The 5-percent 
difference will go to fund specific programs intended to meet 
pressing humanitarian needs of the Iraqi people.

                               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 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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