continued
- UNMOVIC and the IAEA shall determine the composition of their
inspection teams and ensure that these teams are composed of the most
qualified and experienced experts available;
- All UNMOVIC and IAEA personnel shall enjoy the privileges and
immunities, corresponding to those of experts on mission, provided in the
Convention on Privileges and Immunities of the United Nations and the
Agreement on the Privileges and Immunities of the IAEA;
- UNMOVIC and the IAEA shall have unrestricted rights of entry into
and out of Iraq, the right to free, unrestricted, and immediate movement to
and from inspection sites, and the right to inspect any sites and buildings,
including immediate, unimpeded, unconditional, and unrestricted access to
Presidential Sites equal to that at other sites, notwithstanding the
provisions of resolution 1154 (1998);
- UNMOVIC and the IAEA shall have the right to be provided by Iraq the
names of all personnel currently and formerly associated with Iraq's
chemical, biological, nuclear, and ballistic missile programmes and the
associated research, development, and production facilities;
- Security of UNMOVIC and IAEA facilities shall be ensured by
sufficient United Nations security guards;
- UNMOVIC and the IAEA shall have the right to declare, for the
purposes of freezing a site to be inspected, exclusion zones, including
surrounding areas and transit corridors, in which Iraq will suspend ground
and aerial movement so that nothing is changed in or taken out of a site
being inspected;
- UNMOVIC and the IAEA shall have the free and unrestricted use and
landing of fixed- and rotary-winged aircraft, including manned and unmanned
reconnaissance vehicles;
- UNMOVIC and the IAEA shall have the right at their sole discretion
verifiably to remove, destroy, or render harmless all prohibited weapons,
subsystems, components, records, materials, and other related items, and the
right to impound or close any facilities or equipment for the production
thereof; and
- UNMOVIC and the IAEA shall have the right to free import and use of
equipment or materials for inspections and to seize and export any
equipment, materials, or documents taken during inspections, without search
of UNMOVIC or IAEA personnel or official or personal baggage;
8. Decides further that Iraq shall not take or threaten
hostile acts directed against any representative or personnel of the United
Nations or the IAEA or of any Member State taking action to uphold any
Council resolution;
9. Requests the Secretary-General immediately to notify Iraq
of this resolution, which is binding on Iraq; demands that Iraq confirm
within seven days of that notification its intention to comply fully with
this resolution; and demands further that Iraq cooperate immediately,
unconditionally, and actively with UNMOVIC and the IAEA;
10. Requests all Member States to give full support to UNMOVIC
and the IAEA in the discharge of their mandates, including by providing any
information related to prohibited programmes or other aspects of their
mandates, including on Iraqi attempts since 1998 to acquire prohibited
items, and by recommending sites to be inspected, persons to be interviewed,
conditions of such interviews, and data to be collected, the results of
which shall be reported to the Council by UNMOVIC and the IAEA;
11. Directs the Executive Chairman of UNMOVIC and the
Director-General of the IAEA to report immediately to the Council any
interference by Iraq with inspection activities, as well as any failure by
Iraq to comply with its disarmament obligations, including its obligations
regarding inspections under this resolution;
12. Decides to convene immediately upon receipt of a report in
accordance with paragraphs 4 or 11 above, in order to consider the situation
and the need for full compliance with all of the relevant Council
resolutions in order to secure international peace and security;
13. Recalls, in that context, that the Council has repeatedly
warned Iraq that it will face serious consequences as a result of its
continued violations of its obligations;
14. Decides to remain seized of the matter.
Annex
Text of Blix/El-Baradei letter
United Nations Monitoring, Verification and Inspection Commission
The Executive Chairman
International Atomic Energy Agency
The Director General
8 October 2002
Dear General Al-Saadi,
During our recent meeting in Vienna, we discussed practical
arrangements that are prerequisites for the resumption of inspections in
Iraq by UNMOVIC and the IAEA. As you recall, at the end of our meeting in
Vienna we agreed on a statement which listed some of the principal results
achieved, particularly Iraq's acceptance of all the rights of inspection
provided for in all of the relevant Security Council resolutions. This
acceptance was stated to be without any conditions attached.
During our 3 October 2002 briefing to the Security Council,
members of the Council suggested that we prepare a written document on all
of the conclusions we reached in Vienna. This letter lists those conclusions
and seeks your confirmation thereof. We shall report accordingly to the
Security Council.
In the statement at the end of the meeting, it was clarified
that UNMOVIC and the IAEA will be granted immediate, unconditional and
unrestricted access to sites, including what was termed "sensitive sites" in
the past. As we noted, however, eight presidential sites have been the
subject of special procedures under a Memorandum of Understanding of 1998.
Should these sites be subject, as all other sites, to immediate,
unconditional and unrestricted access, UNMOVIC and the IAEA would conduct
inspections there with the same professionalism.
H.E. General Amir H. Al-Saadi
Advisor
Presidential Office
Baghdad
Iraq
We confirm our understanding that UNMOVIC and the IAEA have
the right to determine the number of inspectors required for access to any
particular site. This determination will be made on the basis of the size
and complexity of the site being inspected. We also confirm that Iraq will
be informed of the designation of additional sites, i.e. sites not declared
by Iraq or previously inspected by either UNSCOM or the IAEA, through a
Notification of Inspection (NIS) provided upon arrival of the inspectors at
such sites.
Iraq will ensure that no proscribed material, equipment,
records or other relevant items will be destroyed except in the presence of
UNMOVIC and/or IAEA inspectors, as appropriate, and at their request.
UNMOVIC and the IAEA may conduct interviews with any person
in Iraq whom they believe may have information relevant to their mandate.
Iraq will facilitate such interviews. It is for UNMOVIC and the IAEA to
choose the mode and location for interviews.
The National Monitoring Directorate (NMD) will, as in the
past, serve as the Iraqi counterpart for the inspectors. The Baghdad Ongoing
Monitoring and Verification Centre (BOMVIC) will be maintained on the same
premises and under the same conditions as was the former Baghdad Monitoring
and Verification Centre. The NMD will make available services as before,
cost free, for the refurbishment of the premises.
The NMD will provide free of cost: (a) escorts to facilitate
access to sites to be inspected and communication with personnel to be
interviewed; (b) a hotline for BOMVIC which will be staffed by an English
speaking person on a 24 hour a day/seven days a week basis; (c) support in
terms of personnel and ground transportation within the country, as
requested; and (d) assistance in the movement of materials and equipment at
inspectors' request (construction, excavation equipment, etc.). NMD will
also ensure that escorts are available in the event of inspections outside
normal working hours, including at night and on holidays.
Regional UNMOVIC/IAEA offices may be established, for
example, in Basra and Mosul, for the use of their inspectors. For this
purpose, Iraq will provide, without cost, adequate office buildings, staff
accommodation, and appropriate escort personnel.
UNMOVIC and the IAEA may use any type of voice or data
transmission, including satellite and/or inland networks, with or without
encryption capability. UNMOVIC and the IAEA may also install equipment in
the field with the capability for transmission of data directly to the
BOMVIC, New York and Vienna (e.g. sensors, surveillance cameras). This will
be facilitated by Iraq and there will be no interference by Iraq with
UNMOVIC or IAEA communications.
Iraq will provide, without cost, physical protection of all
surveillance equipment, and construct antennae for remote transmission of
data, at the request of UNMOVIC and the IAEA. Upon request by UNMOVIC
through the NMD, Iraq will allocate frequencies for communications
equipment.
Iraq will provide security for all UNMOVIC and IAEA
personnel. Secure and suitable accommodations will be designated at normal
rates by Iraq for these personnel. For their part, UNMOVIC and the IAEA will
require that their staff not stay at any accommodation other than those
identified in consultation with Iraq.
On the use of fixed-wing aircraft for transport of personnel
and equipment and for inspection purposes, it was clarified that aircraft
used by UNMOVIC and IAEA staff arriving in Baghdad may land at Saddam
International Airport. The points of departure of incoming aircraft will be
decided by UNMOVIC. The Rasheed airbase will continue to be used for UNMOVIC
and IAEA helicopter operations. UNMOVIC and Iraq will establish air liaison
offices at the airbase. At both Saddam International Airport and Rasheed
airbase, Iraq will provide the necessary support premises and facilities.
Aircraft fuel will be provided by Iraq, as before, free of charge.
On the wider issue of air operations in Iraq, both fixed-wing
and rotary, Iraq will guarantee the safety of air operations in its air
space outside the no-fly zones. With regard to air operations in the no-fly
zones, Iraq will take all steps within its control to ensure the safety of
such operations.
Helicopter flights may be used, as needed, during inspections
and for technical activities, such as gamma detection, without limitation in
all parts of Iraq and without any area excluded. Helicopters may also be
used for medical evacuation.
On the question of aerial imagery, UNMOVIC may wish to resume
the use of U-2 or Mirage overflights. The relevant practical arrangements
would be similar to those implemented in the past.
As before, visas for all arriving staff will be issued at the
point of entry on the basis of the UN Laissez-Passer or UN Certificate; no
other entry or exit formalities will be required. The aircraft passenger
manifest will be provided one hour in advance of the arrival of the aircraft
in Baghdad. There will be no searching of UNMOVIC or IAEA personnel or of
official or personal baggage. UNMOVIC and the IAEA will ensure that their
personnel respect the laws of Iraq restricting the export of certain items,
for example, those related to Iraq's national cultural heritage. UNMOVIC and
the IAEA may bring into, and remove from, Iraq all of the items and
materials they require, including satellite phones and other equipment. With
respect to samples, UNMOVIC and IAEA will, where feasible, split samples so
that Iraq may receive a portion while another portion is kept for reference
purposes. Where appropriate, the organizations will send the samples to more
than one laboratory for analysis.
We would appreciate your confirmation of the above as a
correct reflection of our talks in Vienna.
Naturally, we may need other practical arrangements when
proceeding with inspections. We would expect in such matters, as with the
above, Iraq's co-operation in all respect.
Yours sincerely,
(Signed)
(Signed)
Hans Blix
Mohamed ElBaradei
Executive Chairman
Director General
United Nations Monitoring,
International Atomic Energy Agency
Verification and Inspection Commission
- UNMOVIC and the IAEA shall determine the composition of their
inspection teams and ensure that these teams are composed of the most
qualified and experienced experts available;
- All UNMOVIC and IAEA personnel shall enjoy the privileges and
immunities, corresponding to those of experts on mission, provided in the
Convention on Privileges and Immunities of the United Nations and the
Agreement on the Privileges and Immunities of the IAEA;
- UNMOVIC and the IAEA shall have unrestricted rights of entry into
and out of Iraq, the right to free, unrestricted, and immediate movement to
and from inspection sites, and the right to inspect any sites and buildings,
including immediate, unimpeded, unconditional, and unrestricted access to
Presidential Sites equal to that at other sites, notwithstanding the
provisions of resolution 1154 (1998);
- UNMOVIC and the IAEA shall have the right to be provided by Iraq the
names of all personnel currently and formerly associated with Iraq's
chemical, biological, nuclear, and ballistic missile programmes and the
associated research, development, and production facilities;
- Security of UNMOVIC and IAEA facilities shall be ensured by
sufficient United Nations security guards;
- UNMOVIC and the IAEA shall have the right to declare, for the
purposes of freezing a site to be inspected, exclusion zones, including
surrounding areas and transit corridors, in which Iraq will suspend ground
and aerial movement so that nothing is changed in or taken out of a site
being inspected;
- UNMOVIC and the IAEA shall have the free and unrestricted use and
landing of fixed- and rotary-winged aircraft, including manned and unmanned
reconnaissance vehicles;
- UNMOVIC and the IAEA shall have the right at their sole discretion
verifiably to remove, destroy, or render harmless all prohibited weapons,
subsystems, components, records, materials, and other related items, and the
right to impound or close any facilities or equipment for the production
thereof; and
- UNMOVIC and the IAEA shall have the right to free import and use of
equipment or materials for inspections and to seize and export any
equipment, materials, or documents taken during inspections, without search
of UNMOVIC or IAEA personnel or official or personal baggage;
8. Decides further that Iraq shall not take or threaten
hostile acts directed against any representative or personnel of the United
Nations or the IAEA or of any Member State taking action to uphold any
Council resolution;
9. Requests the Secretary-General immediately to notify Iraq
of this resolution, which is binding on Iraq; demands that Iraq confirm
within seven days of that notification its intention to comply fully with
this resolution; and demands further that Iraq cooperate immediately,
unconditionally, and actively with UNMOVIC and the IAEA;
10. Requests all Member States to give full support to UNMOVIC
and the IAEA in the discharge of their mandates, including by providing any
information related to prohibited programmes or other aspects of their
mandates, including on Iraqi attempts since 1998 to acquire prohibited
items, and by recommending sites to be inspected, persons to be interviewed,
conditions of such interviews, and data to be collected, the results of
which shall be reported to the Council by UNMOVIC and the IAEA;
11. Directs the Executive Chairman of UNMOVIC and the
Director-General of the IAEA to report immediately to the Council any
interference by Iraq with inspection activities, as well as any failure by
Iraq to comply with its disarmament obligations, including its obligations
regarding inspections under this resolution;
12. Decides to convene immediately upon receipt of a report in
accordance with paragraphs 4 or 11 above, in order to consider the situation
and the need for full compliance with all of the relevant Council
resolutions in order to secure international peace and security;
13. Recalls, in that context, that the Council has repeatedly
warned Iraq that it will face serious consequences as a result of its
continued violations of its obligations;
14. Decides to remain seized of the matter.
Annex
Text of Blix/El-Baradei letter
United Nations Monitoring, Verification and Inspection Commission
The Executive Chairman
International Atomic Energy Agency
The Director General
8 October 2002
Dear General Al-Saadi,
During our recent meeting in Vienna, we discussed practical
arrangements that are prerequisites for the resumption of inspections in
Iraq by UNMOVIC and the IAEA. As you recall, at the end of our meeting in
Vienna we agreed on a statement which listed some of the principal results
achieved, particularly Iraq's acceptance of all the rights of inspection
provided for in all of the relevant Security Council resolutions. This
acceptance was stated to be without any conditions attached.
During our 3 October 2002 briefing to the Security Council,
members of the Council suggested that we prepare a written document on all
of the conclusions we reached in Vienna. This letter lists those conclusions
and seeks your confirmation thereof. We shall report accordingly to the
Security Council.
In the statement at the end of the meeting, it was clarified
that UNMOVIC and the IAEA will be granted immediate, unconditional and
unrestricted access to sites, including what was termed "sensitive sites" in
the past. As we noted, however, eight presidential sites have been the
subject of special procedures under a Memorandum of Understanding of 1998.
Should these sites be subject, as all other sites, to immediate,
unconditional and unrestricted access, UNMOVIC and the IAEA would conduct
inspections there with the same professionalism.
H.E. General Amir H. Al-Saadi
Advisor
Presidential Office
Baghdad
Iraq
We confirm our understanding that UNMOVIC and the IAEA have
the right to determine the number of inspectors required for access to any
particular site. This determination will be made on the basis of the size
and complexity of the site being inspected. We also confirm that Iraq will
be informed of the designation of additional sites, i.e. sites not declared
by Iraq or previously inspected by either UNSCOM or the IAEA, through a
Notification of Inspection (NIS) provided upon arrival of the inspectors at
such sites.
Iraq will ensure that no proscribed material, equipment,
records or other relevant items will be destroyed except in the presence of
UNMOVIC and/or IAEA inspectors, as appropriate, and at their request.
UNMOVIC and the IAEA may conduct interviews with any person
in Iraq whom they believe may have information relevant to their mandate.
Iraq will facilitate such interviews. It is for UNMOVIC and the IAEA to
choose the mode and location for interviews.
The National Monitoring Directorate (NMD) will, as in the
past, serve as the Iraqi counterpart for the inspectors. The Baghdad Ongoing
Monitoring and Verification Centre (BOMVIC) will be maintained on the same
premises and under the same conditions as was the former Baghdad Monitoring
and Verification Centre. The NMD will make available services as before,
cost free, for the refurbishment of the premises.
The NMD will provide free of cost: (a) escorts to facilitate
access to sites to be inspected and communication with personnel to be
interviewed; (b) a hotline for BOMVIC which will be staffed by an English
speaking person on a 24 hour a day/seven days a week basis; (c) support in
terms of personnel and ground transportation within the country, as
requested; and (d) assistance in the movement of materials and equipment at
inspectors' request (construction, excavation equipment, etc.). NMD will
also ensure that escorts are available in the event of inspections outside
normal working hours, including at night and on holidays.
Regional UNMOVIC/IAEA offices may be established, for
example, in Basra and Mosul, for the use of their inspectors. For this
purpose, Iraq will provide, without cost, adequate office buildings, staff
accommodation, and appropriate escort personnel.
UNMOVIC and the IAEA may use any type of voice or data
transmission, including satellite and/or inland networks, with or without
encryption capability. UNMOVIC and the IAEA may also install equipment in
the field with the capability for transmission of data directly to the
BOMVIC, New York and Vienna (e.g. sensors, surveillance cameras). This will
be facilitated by Iraq and there will be no interference by Iraq with
UNMOVIC or IAEA communications.
Iraq will provide, without cost, physical protection of all
surveillance equipment, and construct antennae for remote transmission of
data, at the request of UNMOVIC and the IAEA. Upon request by UNMOVIC
through the NMD, Iraq will allocate frequencies for communications
equipment.
Iraq will provide security for all UNMOVIC and IAEA
personnel. Secure and suitable accommodations will be designated at normal
rates by Iraq for these personnel. For their part, UNMOVIC and the IAEA will
require that their staff not stay at any accommodation other than those
identified in consultation with Iraq.
On the use of fixed-wing aircraft for transport of personnel
and equipment and for inspection purposes, it was clarified that aircraft
used by UNMOVIC and IAEA staff arriving in Baghdad may land at Saddam
International Airport. The points of departure of incoming aircraft will be
decided by UNMOVIC. The Rasheed airbase will continue to be used for UNMOVIC
and IAEA helicopter operations. UNMOVIC and Iraq will establish air liaison
offices at the airbase. At both Saddam International Airport and Rasheed
airbase, Iraq will provide the necessary support premises and facilities.
Aircraft fuel will be provided by Iraq, as before, free of charge.
On the wider issue of air operations in Iraq, both fixed-wing
and rotary, Iraq will guarantee the safety of air operations in its air
space outside the no-fly zones. With regard to air operations in the no-fly
zones, Iraq will take all steps within its control to ensure the safety of
such operations.
Helicopter flights may be used, as needed, during inspections
and for technical activities, such as gamma detection, without limitation in
all parts of Iraq and without any area excluded. Helicopters may also be
used for medical evacuation.
On the question of aerial imagery, UNMOVIC may wish to resume
the use of U-2 or Mirage overflights. The relevant practical arrangements
would be similar to those implemented in the past.
As before, visas for all arriving staff will be issued at the
point of entry on the basis of the UN Laissez-Passer or UN Certificate; no
other entry or exit formalities will be required. The aircraft passenger
manifest will be provided one hour in advance of the arrival of the aircraft
in Baghdad. There will be no searching of UNMOVIC or IAEA personnel or of
official or personal baggage. UNMOVIC and the IAEA will ensure that their
personnel respect the laws of Iraq restricting the export of certain items,
for example, those related to Iraq's national cultural heritage. UNMOVIC and
the IAEA may bring into, and remove from, Iraq all of the items and
materials they require, including satellite phones and other equipment. With
respect to samples, UNMOVIC and IAEA will, where feasible, split samples so
that Iraq may receive a portion while another portion is kept for reference
purposes. Where appropriate, the organizations will send the samples to more
than one laboratory for analysis.
We would appreciate your confirmation of the above as a
correct reflection of our talks in Vienna.
Naturally, we may need other practical arrangements when
proceeding with inspections. We would expect in such matters, as with the
above, Iraq's co-operation in all respect.
Yours sincerely,
(Signed)
(Signed)
Hans Blix
Mohamed ElBaradei
Executive Chairman
Director General
United Nations Monitoring,
International Atomic Energy Agency
Verification and Inspection Commission
Comment