[Weekly Compilation of Presidential Documents Volume 29, Number 3 (Monday, January 25, 1993)]
[Pages 67-70]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Letter to Congressional Leaders Reporting on Iraq's Compliance With 
United Nations Security Council Resolutions

 January 19, 1993

Dear Mr. Speaker:   (Dear Mr. President:)

    Consistent with the Authorization for Use of Military Force Against 
Iraq Resolution (Public Law 102-1) and as part of my continuing effort 
to keep Congress fully informed, I am again reporting on the status of 
efforts to obtain Iraq's compliance with the resolutions adopted by the 
U.N. Security Council.
    Since my last report on November 16, 1992, Iraq has repeatedly 
ignored and violated its international obligations under U.N. Security 
Council Resolutions. Iraq's actions include the harassment of 
humanitarian relief operations in northern Iraq contrary to U.N. 
Security Council Resolution 688, violations of the Iraq-Kuwait 
demilitarized zone, interference with U.N. operations in violation of 
Security Council Resolution 687, repeated violations by Iraqi aircraft 
of the southern and northern no-fly zones, and threats by Iraq's air 
defense forces against Coalition aircraft enforcing the no-fly zones.
    The southern no-fly zone and Operation Southern Watch were 
established in August 1992 to assist the monitoring of Iraq's compliance 
with Security Council Resolution 688. Since that time, Iraq has stopped 
aerial bombardments of its citizens in and around the southern marsh 
areas and ceased large-scale military operations south of the 32nd 
parallel. Operation Southern Watch cannot detect lower-level acts of 
oppression, however.
    In December 1992, Iraqi aircraft on several occasions entered the 
southern no-fly zone and demonstrated hostile intent, including by 
firing a missile at a U.S. aircraft. On December 27, 1992, a U.S. 
aircraft shot down an Iraqi aircraft that entered the no-fly zone. 
Beginning in late December, Iraq moved surface-to-air missiles into the 
zone, threatening Coalition aircraft operating south of the 32nd 
parallel. On January 6, 1993, the United States and its Coalition 
partners issued an ultimatum to Iraq to disperse and render non-
threatening its surface-to-air missiles deployed in the zone and to 
cease aircraft activities in the area. Iraq initially acceded to this 
demarche. The United States then announced that it would scrutinize 
Iraqi activity and that ``[n]o further warning will be issued if Iraq 
violates the requirements of the January 6 demarche.''
    By January 11, 1993, it had become clear that Iraq had stopped 
complying with the requirements of the January 6 demarche and that 
missiles once again threaten Coalition aircraft. Accordingly, U.S. and 
Coalition aircraft attacked and destroyed surface-to-air missile sites 
and related facilities in southern Iraq on January 13. There were no 
losses to the aircraft taking part in the mission. In this connection, I 
note the statement of U.N. Secretary General Boutros-Ghali on January 
14, 1993, that ``the raid and the forces that carried out the raid, have 
received a mandate from the Security Council, according to Resolution 
687, and the cause of the raid was the violation by Iraq of Resolution 
687 concerning the cease-fire. So, as Secretary General of the United 
Nations, I can say this action was taken and conforms to the resolutions 
of the Security Council and conformed to the Charter of the United 
Nations.'' On January 18, 1993, Coalition aircraft again struck air 
defense sites and related infrastructure to ensure the safety of 
Coalition flight operations in the area. There were no losses to 
Coalition aircraft.
    On January 7, 1993, the Iraqi Government refused permission for 
certain U.N. aircraft to land in Baghdad, thereby interfering with the 
missions of the U.N. Special Commission on Iraq (UNSCOM) and the U.N. 
Iraq-Kuwait Observer Mission (UNIKOM). On January 8, and again on 
January 11, 1993, the U.N. Security Council formally found this Iraqi 
action to ``constitute an unacceptable and material breach of the 
relevant provisions of Resolution 687 (1991), which established the 
cease-fire and provided the conditions essential to the restoration of 
peace and security in the region.'' The Council also warned Iraq of the 
``serious consequences which would ensue from failure to comply with its 
obligations.''
    On January 13, 1993, we underscored our full support for the 
Council's statements. On January 15, 1993, UNSCOM found Iraq's re- 

[[Page 68]]

fusal to guarantee the safety of flights constituted an abdication of 
Iraq's responsibilities to ensure the safety of UNSCOM personnel. On 
January 16, 1993, UNSCOM found that Iraq's decision to condition 
ensuring the safety of flights on entry of Iraqi airspace from Jordan to 
be an unacceptable attempt to restrict UNSCOM's freedom of movement. If 
accepted, such a condition would prevent the Special Commission from 
effectively carrying out its mission.
    On January 17, 1993, at my direction, U.S. Tomahawk missiles 
destroyed the Zaafaraniyah nuclear fabrication facility near Baghdad. 
This facility was selected because of its role in Iraq's electromagnetic 
isotope separation (EMIS) program. The Coalition attack was designed to 
help achieve the goals of U.N. Security Council Resolutions 687, 707, 
and 715 requiring Iraq to accept the inspection and elimination of its 
weapons of mass destruction and ballistic missiles. Zaafariniyah had 
been inspected a number of times, and some equipment used for the 
production of EMIS components for Iraq's nuclear weapons program was 
removed. The facility nonetheless contained precision machine tools used 
to fabricate items for military and civilian customers and could again 
be used to support Iraq's nuclear weapons program.
    In early January 1993, Iraq sent personnel into Kuwait and the 
demilitarized zone (DMZ) to seize military equipment and other valuable 
goods. These actions violated the DMZ, the recently demarcated Iraqi-
Kuwait boundary, and agreements with the United Nations. On January 8, 
the U.N. Security Council declared that, ``the presence of Iraqi 
military personnel in the demilitarized zone was a serious violation of 
Resolution 687.'' It also said that ``the removal of the Iraqi property 
and assets from Kuwaiti territory should be undertaken only after prior 
clearance by UNIKOM and by the Kuwaiti authorities through UNIKOM.''
    On January 10, 1993, Coalition representatives notified the Iraqi 
Government that additional Iraqi intrusions into Kuwait and the DMZ 
would not be tolerated. On January 11, the Security Council condemned 
the Iraqi actions as ``further material breaches of Resolution 687'' and 
warned Iraq again of serious consequences that would flow from continued 
defiance. Nevertheless, each day from January 10 to 13, Iraq continued 
to send personnel to retrieve material in violation of the DMZ, the 
boundary, and its agreements with the United Nations. In these 
circumstances, I ordered the deployment of a task force to Kuwait to 
reemphasize our commitment to Kuwaiti independence and security.
    Meanwhile, Operation Provide Comfort, the Coalition's effort to 
monitor compliance with U.N. Security Council Resolution 688 and to 
provide humanitarian relief in northern Iraq, discourages significant 
Iraqi military operations against the inhabitants there. On the other 
hand, the Iraqi Government has maintained an embargo of food, fuel, and 
medicine on northern Iraq. It has made every effort to frustrate U.N. 
humanitarian relief efforts by planting bombs on relief convoys, using 
violence against relief workers, and creating bureaucratic delays. We 
are determined to assist the humanitarian effort and have repeatedly 
warned Iraq to cease its harassment.
    As in southern Iraq, Saddam Hussein has sought to interfere with the 
operations of Coalition aircraft in the north since early January. On 
January 17, 18, and 19, 1993, Coalition aircraft encountered hostile 
Iraqi activity and took limited defensive actions to suppress Iraqi air 
defenses. On January 17, 1993, Coalition aircraft shot down an Iraqi 
aircraft after it entered the no-fly zone.
    We continue to support the efforts of the Iraq National Congress to 
develop a broad-based alternative to the Saddam regime. We encourage 
other governments to do the same. The Congress espouses a future Iraq 
based on the principles of political pluralism, territorial unity, and 
full compliance with all the U.N. Security Council resolutions.
    Until Iraq's recent violations of its obligations, UNSCOM and the 
International Atomic Energy Agency (IAEA) continued to investigate 
Iraq's weapons of mass destruction programs and to verify the 
destruction of relevant facilities, equipment, and weapons. UNSCOM 45, 
the fourteenth ballistic missile team (October 16 to 29, 1992), with 
significant Russian cooperation, did not find evidence of a clandestine 
Iraqi SCUD force.

[[Page 69]]

Fuel and oxidizer samples were analyzed and tested negative for 
substances of interest.
    Two nuclear inspections were carried out. UNSCOM 46/IAEA #15 
(November 8 to 18, 1992) completed water sampling at 37 additional sites 
throughout Iraq. Analysis of more than 550 water and sediment samples is 
underway, although evidence of any major facility in Iraq that is 
producing fissionable fuel has not yet been found. The team also 
destroyed 100 tons of steel which Iraq declared had been procured for 
its centrifuge program. IAEA #16 was part of UNSCOM 47 (December 5 to 8, 
1992). The team reinspected the former headquarters of the PC-3 project 
(where important documents had been seized) and carried out inspections 
at Tuwaitha and al Atheer.
    The third combined chemical and biological weapons inspection, 
UNSCOM 47 (December 5 to 14, 1992), focused on question-and-answer 
sessions with Iraqi scientists to close gaps in Iraqi disclosures about 
its CBW programs and short-notice inspections to pressure Iraq to reveal 
more details about those programs.
    Since my last report, the Chemical Destruction Group in residence at 
the Muthanna State Establishment destroyed the following items: 300 
122mm rocket warheads; propellant for 750 122mm rockets; 82 122mm rocket 
motors; and 2830 liters nerve agent (GB/GF).
    The Iraq-Kuwait Boundary Demarcation Commission continues its work, 
without Iraqi participation. The land boundary has been demarcated 
through the placement of boundary pillars in the ground. At its last 
meeting, the Boundary Commission agreed to begin the demarcation of the 
offshore boundary section.
    Since my last report, the U.N. Compensation Commission has continued 
to prepare for the processing of claims from individuals, corporations, 
other entities, governments, and international organizations that 
suffered direct loss or damage as a result of Iraq's unlawful invasion 
and occupation of Kuwait. The next session of the Governing Council of 
the Commission is scheduled to be held in Geneva from March 29 to April 
2, 1993, with another meeting in July 1993.
    At its most recent session, December 14 to 18, 1992, the Governing 
Council took decisions on trade embargo losses, interest, and a 
committee on administrative matters. The Council discussed the issues of 
priority of payments, costs, and attorney fees. The Executive Secretary 
reported that the Commission has now received about 380,000 claims and 
expects many times that number. He noted that the Commission hopes to be 
able to present to panels of Commissioners the first claims for fixed 
amounts for departure and personal injury by the middle of 1993 and the 
first claims for individuals' actual losses up to $100,000 later in the 
year.
    The U.S. Government is prepared to file its third set of 170 
consolidated individual claims with the Commission, bringing the total 
of U.S. claims filed to 550. The Department of State is reviewing about 
1,000 additional claims received from individuals and corporations. The 
next filing is scheduled for March.
    In accordance with U.N. Security Council Resolution 687, the 
Sanctions Committee received notices of 13.5 million tons of foodstuffs 
to be shipped to Iraq through November 22, 1992. The Sanctions Committee 
also continues to consider and, when appropriate, approve requests to 
send to Iraq materials and supplies for essential civilian needs. Iraq 
has also refused to use the opportunity under U.N. Security Council 
Resolutions 706 and 712 to sell up to $1.6 billion in oil, proceeds from 
which could be used to purchase foodstuffs, medicines, materials, and 
supplies for essential civilian needs, as well as to fund essential U.N. 
activities concerning Iraq. The Iraqi authorities bear full 
responsibility for any suffering in Iraq that results from their refusal 
to implement Resolutions 706 and 712.
    Since my last report, important progress has been made in addressing 
U.N. financial difficulties in conducting a number of activities in Iraq 
as a result of Iraq's refusal to implement Resolutions 706 and 712. In 
December, Kuwait and Saudi Arabia made total voluntary contributions of 
$50 million to the U.N. escrow account established under Resolution 778. 
Pursuant to Executive Order No. 12817, the United States has transferred 
a matching amount from certain frozen Iraqi

[[Page 70]]

oil proceeds, making a total of $100 million transferred to the escrow 
account.
    Of this total, $21 million has been transferred to the U.N. 
Compensation Fund under the terms of Resolution 778; this should be 
sufficient to allow it to proceed with the acquisition of the computer 
system and staff needed to begin full-scale adjudication of claims 
against Iraq. In addition, $30 million has been earmarked for UNSCOM, 
and most of the remainder will provide humanitarian relief in Iraq.
    As I noted in my last report, we are prepared to transfer up to $200 
million in frozen Iraqi oil proceeds to the escrow account to match 
transfers by others, and we are actively encouraging others to do so. 
These funds will be repaid, with interest, from Iraqi oil revenues as 
soon as Iraqi oil exports resume.
    Through the International Commission of the Red Cross (ICRC), the 
United States, Kuwait, and our allies continue to press the Government 
of Iraq to comply with its obligations to repatriate or account for some 
800 detained Kuwaiti and third-country nationals. An emissary of the 
Arab League has also undertaken to elicit Iraqi cooperation on the issue 
of detainees. The United States and its allies continue to press the 
Government of Iraq to return to Kuwait all property and equipment 
removed from Kuwait by Iraq. Iraq continues to withhold necessary 
cooperation on these issues and to resist unqualified ICRC access to 
detention facilities in Iraq.
    In this my last report under the joint resolution, let me again note 
how grateful I am for the support and cooperation Congress provided 
during my Administration toward achieving our mutual objectives in the 
Persian Gulf region.
    Sincerely,
                                                   George Bush

Note: This letter was released by the Office of the Press Secretary on 
January 20. Identical letters were sent to Thomas S. Foley, Speaker of 
the House of Representatives, and Dan Quayle, President of the Senate.