Council approves export/import monitoring mechanism to ensure Iraq's weapons programme is not redeveloped.

• Position: UN Security Council: includes related articles

The Security Council, acting under Chapter VII of the UN Charter, on 27 March approved an export/import monitoring mechanism to ensure that Iraq did not reconstitute its programmes for weapons of mass destruction, and demanded that Iraq unconditionally meet its obligations under that mechanism.

By unanimously adopting resolution 1051 (1996), the Council also approved the establishment of a joint unit at UN Headquarters, constituted by the Special Commission charged with monitoring Iraq's weapons capabilities (UNSCOM) and the International Atomic Energy Agency (IAEA), to facilitate the mechanism's implementation. All States would have to transmit to the joint unit notifications of dualuse equipment intended for Iraq and any relevant information on items and technologies regulated under previous Council resolutions, as well as on attempts to circumvent the mechanism.

Iraq was required to inform the joint unit of all items and technologies covered by the mechanism within 60 days of the adoption of resolution 1051 (1996). States were called upon to adopt as soon as possible national measures to enable them to implement the mechanism. They were provided with information necessary for that purpose by the Special Commission and the IAEA Director-General in mid-May. All information provided through the mechanism would be treated as confidential and restricted to the Special Commission and the IAEA

The Council recognized that the mechanism would not impede Iraq's legitimate right to import or export non-proscribed items and technology necessary for the promotion of its economic and social development. The monitoring mechanism was adopted in response to a proposal put forward, at the Council's request, by its Sanctions Committee established under resolution 661 (1990), the Special Commission and the IAEA.

Export/import monitoring mechanism

The mechanism is one element of the UNSCOM's and IAEA's plans, approved by resolution 715 (1991), for monitoring and verifying that Iraq did not reacquire proscribed weapons capabilities, according to a report transmitted through a 7 December 1995 letter (S/1995/1017) from the Sanctions Committee Chairman. Such monitoring was to be of indefinite duration and was to continue until terminated by the Council.

The report said that the mechanism was not a regime for international licensing, but rather for the timely provision of information by States whose companies were contemplating sales or supplies to Iraq of items covered by the various monitoring plans. Iraq, in addition to its imports, should also report the export of items subject to the plans. Both Iraq and the Governments of suppliers would have to provide notifications of exports in advance of shipment. The notifications had to identify the supplier, give a description of the item or items, including technology, and provide the name of the enduser or consignee and the expected date of shipping/dispatch. The mechanism had to be strong enough to deter Iraq and suppliers from potential breaches and must be augmented by the ability of the Special Commission and the IAEA to conduct unrestricted inspections throughout Iraq to determine that the items were in fact used for their stated purpose, and not for proscribed purposes. The Commission and the IAEA would monitor the notifiable items in Iraq to ensure that this was the case. The information provided under the mechanism should be treated as confidential and restricted to the Commission and the IAEA.

Special Commission's report

During the first quarter of 1996, Iraq had disclosed information of great significance for the comprehension of the scope and size of its proscribed weapons programmes, according to an 11 April report of the Special Commission (S/1996/258). There had been progress on many fronts and UNSCOM was certainly nearer to completing its task of accounting for and disposing of Iraq's proscribed programmes. But there had also been some setbacks.

The Commission had made special efforts to identify under three weapons categories--missile, biological and chemical--what was missing and what could be done to sort out the remaining problems, the report stated. Progress could not...