GUIDANCE: ENGAGING THE GOI ON UNSC RESOLUTIONS

C O N F I D E N T I A L SECTION 01 OF 03 STATE 068248 SIPDIS E.O. 12958: DECL: 06/30/2019 TAGS: IZ PREL UNSC KU SUBJECT: GUIDANCE: ENGAGING THE GOI ON UNSC RESOLUTIONS REF: STATE 056261 Classified By: NEA DAS Richard J. Schmierer. Reason 1.4 (b) and (d). ¶1. (C) Action request and summary: Department requests Embassy Baghdad to deliver the non-paper in paragraph 3 and engage with the Government of Iraq (GOI) to learn its views and priorities regarding the suggested recommendations below for working toward achieving the international standing equal to that which it held prior to August 1990 (the adoption of resolutions subsequent to Resolution 661). In Article 25 of the U.S.-GOI Security Agreement the United States committed to use our "best efforts" to support Iraq as it takes steps toward returning to the status that it held prior to the adoption of these resolutions. ¶2. (C) REFTEL instructed USUN to share our views with the UN Secretariat as it drafts a report on the facts relevant to consideration by the Council of actions necessary for Iraq to achieve international standing equal to that which it held prior to adoption of the principal Iraq resolutions (required by UN Security Council Resolution 1859). It is important to emphasize to the GOI that it is the UN Security Council that must lift the resolutions, not the USG. Furthermore, many of the resolutions pertain to multiple subject matters, thus all of the implications of lifting a resolution should be considered. It is also important to note that we will be sending future thoughts on additional topics not covered in this non-paper, including our views of the UN 1518 Sanctions Committee and portions of Resolution 1483 relevant to that regime. End Summary. ¶3. (SBU) Begin text of Non-Paper: UN Security Council Resolutions on Iraq a. WMD and Missile Restrictions: Resolution 687 (1991),707 (1991): Mandated under Resolutions 687 and 707, Iraq: --Is prohibited from acquiring or developing, nuclear weapons or weapons-usable fissile material or subsystems, components or related facilities. --Is required to allow immediate on-site inspection of nuclear-related locations. --Is required to halt all civil nuclear activities, except for medical, agricultural and industrial purposes, until the Security Council determines that Iraq is in full compliance with Resolution 707 and paragraphs 12 and 13 of Resolution 687, and the IAEA determines Iraq is in full compliance with its safeguards agreement. --Is required to accept removal and destruction of all ballistic missiles with a range over 150 kilometers, declare locations and turn over materials, refrain from new programs, and develop a plan for monitoring and verification. --Is required to accept removal and destruction of chemical and biological weapons, declare locations and turn over materials, refrain from new chemical/biological weapons programs and develop a plan for monitoring and verification. To gain support from the Security Council for lifting Resolutions 687 and 707, Iraq should submit a letter to the UNSC President: --Outlining the steps the GOI has already taken to adhere to international norms of nonproliferation; --Committing to: --Establish and enforce comprehensive export controls consistent with international standards (i.e., the Missile Technology Control Regime, Australia Group, Nuclear Suppliers Group, and Wassenaar Arrangement),including transit/transshipment, catch-all controls and brokering; --Establish and enforce strong, effective border controls and enforcement procedures/penalties; --Bring into force and implement an Additional Protocol to its IAEA Safeguards Agreement; --Subscribe to The Hague Code of Conduct against Ballistic Missile Proliferation (HCOC); --Forego Missile Technology Control Regime (MTCR) Category I offensive military missiles; --Endorse the Global Initiative to Combat Nuclear Terrorism; --Apply the IAEA Code of Conduct on Safety and Security of Radioactive Sources and Related Import-Export Guidance; STATE 00068248 002 OF 003 --Accede to the Convention on Physical Protection of Nuclear Materials and the 2006 Amendment; the Convention on Supplementary Compensation for Nuclear Damage; the Convention on Nuclear Safety; and the Nuclear Terrorism Convention; --Adhere to the prohibitions of the Chemical Weapons Convention and Biological Weapons Convention. --Obtain from the IAEA Board of Governors the necessary formal finding that Iraq is in full compliance with its safeguards agreement, as Resolution 707 requires. --Report to the Security Council on a regular basis on its progress toward achieving these steps. b. Prohibition on Trade in Stolen Cultural Property, Resolution 1483 (2003): Resolution 1483 requires Member States to take appropriate steps to return to Iraq cultural property stolen since August 1990, including by establishing a prohibition on trade, and calls upon UNESCO, Interpol, and other organizations to assist. Without this UN obligation, there would be no world-wide ban on cultural property stolen from Iraq, and no obligation to take steps to return Iraqi cultural property. --This Resolution is to Iraq's benefit and should be left in place until Iraq is satisfied that it can protect its cultural property world-wide and ensure the return of stolen artifacts. c. Conventional Arms Ban, Resolutions 661(1990),687 (1991): Resolutions 661 and 687 prohibit the sale or supply of conventional arms and related materiel to Iraq. Resolution 1546 (2004) modifies this prohibition to allow the sale or supply of conventional arms and related material required by the GOI or MNF-I. If lifted, other States would no longer be prohibited under these resolutions from allowing the sale or supply of arms and related material (including dual-use technology) to entities in Iraq other than the Government or MNF-I. --These UNSCRs, as they relate to the prohibition of the sale/supply of conventional arms and related material to non-government entities, are to Iraq's benefit. Iraq should delay asking the Security Council to lift these UNSCRs until it has appropriate end-use and export control mechanisms in place. Iraq has a clear interest in preventing the flow of arms to insurgents and other entities of concern. Iraq may wish to discuss strategies and U.S. assistance for putting such mechanisms in place. d. UNAMI, Resolutions 1500 (2003) 1770 (2007),and 1830 (2008): Mandated under Security Council Resolution 1500, the United Nations Assistance Mission in Iraq (UNAMI) has been extended in subsequent resolutions, most recently in Resolution 1830, which extended the mandate of UNAMI to August 2009. --Iraq supports UNAMI's mandate and presence in Iraq, and should support an extension of its mandate in August 2009. e. Development Fund for Iraq (DFI) and International Advisory and Monitoring Board (IAMB),Resolution 1483 (2003) and 1859(2008): The UN Security Council passed Resolution 1859 with the understanding that Iraq would use 2009 to make significant progress towards reaching a settlement of outstanding claims. Unless the provisions of UNSCR 1859 are renewed, the requirement to deposit hydrocarbon revenues into the DFI will expire along with the DFI and the DFI immunities at the end of 2009. However, under UNSCRs 687 and 1483, Iraq will still be obligated to pay 5 percent of its hydrocarbons revenues to the UN Compensation Commission (UNCC),unless Iraq negotiates a reduction in payments, that is accepted by the UNCC Governing Council. The Committee of Financial Experts (COFE) is expected to replace the IAMB. However, Iraq must put in place a transparent and auditable, DFI-like account for the deposit of oil proceeds and UNCC payments after the expiration of the Council Resolution arrangements for the DFI. --The DFI arrangements, including immunities, are exceptional and temporary. They should no longer be necessary when Iraq: STATE 00068248 003 OF 003 --Reaches debt reduction agreements and resolves outstanding Saddam Hussein-era claims. --Establishes a DFI-like account for the deposit of hydrocarbon proceeds that is overseen by the Committee of Financial Experts (COFE; Iraqi body to replace IAMB), maintains transparency and is able to be internationally audited after the expiration of the Resolution. --Ensures that the five percent payment to the UNCC continues after the expiration of Resolution 1859, or that the terms for payment are renegotiated with Kuwait under UNCC auspices in a manner that is acceptable to all parties, including the UNCC Governing Council, which was delegated its authority by the UNSC. f. Oil for Food Program: Resolution 1546(2004): Resolution 1546 provides for the GOI to assume all rights, responsibilities and obligations for the Oil-For-Food Program (OFF) including the settlement of contracts related to it. The UN continues to assist the GOI in settling the contracts. The P-5 have discussed an approach to pay the remaining contracts within 45 days unless the GOI raises and substantiates objections. --The Oil-for-Food program should be closed as soon as possible by settling all outstanding OFF claims. Good progress is being made to settle some outstanding OFF claims, and it is hoped that this process will be completed expeditiously. Frequent progress reports to the UNSC by Iraq's Ambassador would be helpful. Should progress prove difficult, the Security Council will be encouraged to adopt the P-5 endorsed approach to settling the claims within a set time period, unless the GOI raises and substantiates objections. g. Kuwait-related Resolutions: A P-3 led mechanism may be a useful forum for Iraq and Kuwait to discuss the Resolutions that concern Kuwait. A detailed discussion of the specifics of the following UNSCRs will be addressed separately with the parties: 687 (1991) and 833 (1993) on Iraq-Kuwait Border Demarcation and Guarantee Resolutions 687 (1991) and 1284 (1999) Gulf War Missing/Kuwaiti National Archive Resolutions 687 (1991) and 1483 (2003) UN Compensation Commission and Iraq's Five Percent Payment Obligation Resolutions End Non-paper ¶4. (SBU) Department looks forward to Embassy reporting of GOI reaction to points in non-paper. Please report GOI reactions to these recommendations to POCs Susan Notar (NEA/I/PM),NotarSA@state.sgov.gov, or Lisa Kenna (NEA/I/POL),KennaLD@state.sgov.gov. CLINTON