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United Nations S/RES/1956 (2010)

Security Council Distr.: General

15 December 2010

10-69483 (E)

*1069483*

Resolution 1956 (2010)

Adopted by the Security Council at its 6450th meeting,

on 15 December 2010

The Security Council,

Noting the letter from the Prime Minister of Iraq to the President of the

Security Council, dated 8 December 2010, which is annexed to this resolution,

Recognizing the positive developments in Iraq and that the situation now

existing in Iraq is significantly different from that which existed at the time of the

adoption of resolution 661 (1990), recognizing that Iraqi institutions are

strengthening, and further recognizing the importance of Iraq achieving

international standing equal to that which it held prior to the adoption of resolution

661 (1990),

Welcomes the letter from the Prime Minister of Iraq which reaffirms the

commitment by the Government of Iraq not to request any further extensions of the

Development Fund for Iraq arrangements; and recognizing that the letter from the

Prime Minister of Iraq also reaffirms the commitment by the Government to ensure

that oil revenue would continue to be used fairly and in the interests of the Iraqi

people, and that transition arrangements would be in keeping with the constitution

and with international best practices in respect of transparency, accountability and

integrity,

Recognizing the significant role of the Development Fund for Iraq and the

International Advisory and Monitoring Board, and the provisions of paragraphs 20

and 22 of resolution 1483 (2003) in helping the Government of Iraq to ensure that

Iraq’s resources are being used transparently and accountably for the benefit of the

Iraqi people, and stressing also the need for Iraq to finalize transition to successor

arrangements for the Development Fund for Iraq and the International Advisory and

Monitoring Board,

Acting under chapter VII of the Charter of the United Nations,

1. Decides to terminate, on 30 June 2011, the arrangements established in

paragraph 20 of resolution 1483 (2003) for depositing into the Development Fund

for Iraq proceeds from export sales of petroleum, petroleum products and natural

gas and the arrangements referred to in paragraph 12 of resolution 1483 (2003) and

paragraph 24 of resolution 1546 (2004) for the monitoring of the Development Fund

for Iraq by the International Advisory and Monitoring Board and further decides

S/RES/1956 (2010)

2

that, subject to the exception provided for in paragraph 27 of resolution 1546

(2004), the provisions of paragraph 22 of resolution 1483 (2003) shall continue to

apply until that date, including with respect to funds and financial assets and

economic resources described in paragraph 23 of that resolution;

2. Welcomes and affirms the Government of Iraq’s decision not to request

any further extensions of the Development Fund for Iraq arrangements; and further

decides this is the final extension of the Development Fund for Iraq arrangements;

3. Decides that after 30 June 2011, the requirement established in paragraph

20 of UNSCR 1483 (2003) that all proceeds from export sales of petroleum,

petroleum products and natural gas from Iraq be deposited into the Development

Fund for Iraq shall no longer apply, and affirms that the requirement established in

paragraph 21 of UNSCR 1483 (2003) that 5 percent of the proceeds from all export

sales of petroleum, petroleum products and natural gas shall be deposited into the

compensation fund established in accordance with resolution 687 (1991), and

subsequent resolutions, shall continue to apply, and further decides that 5 percent of

the value of any non-monetary payments of petroleum, petroleum products and

natural gas made to service providers shall be deposited into the compensation fund,

and that unless the Government of Iraq and the governing council of the United

Nations Compensation Commission, in the exercise of its authority over methods of

ensuring that payments are made into the compensation fund, decide otherwise, the

above requirements shall be binding on the Government of Iraq;

4. Calls upon the Government of Iraq to work closely with the Secretary-

General to finalize the full and effective transition to a post-Development Fund

mechanism by or before 30 June 2011, which takes into account IMF stand-by

arrangement requirements, includes external auditing arrangements and ensures that

Iraq will continue to meet its obligations as established in the provisions of

paragraph 21 of resolution 1483 (2003); further requests that the Government of

Iraq provide a written report to the council no later than 1 May 2011 on progress

towards the transition to a post-Development Fund mechanism;

5. Directs the transfer of the full proceeds from the Development Fund for

Iraq to the Government of Iraq’s successor arrangements account or accounts and

the termination of the Development Fund for Iraq no later than 30 June 2011 and

requests written confirmation to the Council once the transfer and termination are

completed;

6. Requests the Secretary-General to provide written reports on an ongoing

basis to the council every six months, with the first report due no later than

1 January 2012, about the United Nations compensation fund, evaluating the

continued compliance with the provisions of paragraph 21 of resolution 1483

(2003);

7. Decides to remain actively seized of the matter.

3

Annex

Letter dated 8 December 2010 from the Prime Minister of Iraq

addressed to the President of the Security Council

I should like to refer to my letter dated 13 December 2009 addressed to the

President of the Security Council, in which I explained that in 2010 the Government

of Iraq would put in place appropriate arrangements, in keeping with the

Constitution, for the Development Fund for Iraq and the International Advisory and

Monitoring Board, with a view to ensuring the continued equitable use of oil

revenue in the interests of the Iraqi people, in accordance with international best

practices with regard to transparency, accountability and integrity.

Pursuant to Security Council resolution 1905 (2009), the Government of Iraq

submitted in its first quarterly report the requisite action plan and timeline for the

transition to the successor arrangements for the Development Fund for Iraq and the

International Advisory and Monitoring Board. It subsequently submitted its second

and third reports on the progress that had been made. In the third report, details

were given of the parts of the action plan that had been completed and those that

remained incomplete. Reference was also made to the situation in Iraq and the fact

that the delay in the formation of a new Government after the legislative elections

that took place on 7 March 2010 had, in one way or another, affected the ability of

Government institutions to take rapid and effective action with regard to the

comprehensive implementation of the action plan.

On the basis of the foregoing, and in order to make it possible to ensure the

comprehensive implementation of the action plan and a smooth transition to the

successor arrangements, the Government of Iraq is once more in need of the

assistance of the international community. It therefore hopes that the Security

Council will extend for a further and final six months immunity for the

Development Fund for Iraq, on the basis of the arrangements set forth in Security

Council resolution 1483 (2003), paragraph 20.

I should be grateful if you would circulate this letter to the members of the

Council with the greatest possible expedition and include it as an annex to the

resolution currently being drafted on Iraq.

(Signed) Nuri Kamel al-Maliki

Prime Minister of the Republic of Iraq

Baghdad, December 2010

link

http://www.uncc.ch/resolutio/res1956.pdf

B)

Edited by DesertEagle
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