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;

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--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:

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--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