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107th Congress, 2d Session - - - - - - - - - - - - House Document 107-210


 
 STATUS OF UNITED STATES EFFORTS REGARDING IRAQ'S COMPLIANCE WITH UN 
                     SECURITY COUNCIL RESOLUTIONS

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

A REPORT ON THE STATUS OF EFFORTS TO OBTAIN IRAQ'S COMPLIANCE WITH THE 
RESOLUTIONS ADOPTED BY THE U.N. SECURITY COUNCIL, PURSUANT TO 50 U.S.C. 
                                  1541

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


May 7, 2002.--Referred to the Committee on International Relations and 
                         ordered to be printed
                                           The White House,
                                           Washington, May 3, 2002.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: Consistent with the Authorization for Use 
of Military Force Against Iraq Resolution (Public Law 102-1) 
and as part of my effort to keep the Congress fully informed, I 
am providing a report prepared by my Administration on the 
status of efforts to obtain Iraq's compliance with the 
resolutions adopted by the United Nations Security Council. The 
last report, consistent with Public Law 102-1, was transmitted 
on January 24, 2002.
            Sincerely,
                                                    George W. Bush.
  Status of U.S. Efforts Regarding Iraq's Compliance With UN Security 
                          Council Resolutions

                                Overview

    As long as Saddam Hussein remains in power, he will 
continue to threaten the well-being of the Iraqi people, the 
peace of the region, and vital U.S. interests. We are 
continuing our Iraq policy review to determine the best means 
of advancing our interests. We have already strengthened 
international consensus on the need to change the international 
community's approach to Iraq through the UN Security Council's 
(UNSC) unanimous adoption of UN Security Council Resolution 
(UNSCR) 1382, providing for the UNSC to implement the Goods 
Review List (GRL) as the basis for UN controls on Iraq 
beginning on May 30, 2002. This approach will focus UN controls 
to prevent Iraq from acquiring items to support Iraq's 
ballistic missile, conventional military or nuclear, chemical, 
or biological weapons programs. We are continuing consultations 
with other UNSC members to ensure adoption and implementation 
of the GRL. We continue to help maintain No-Fly Zones over 
northern and southern Iraq to carry out vital UNSC resolutions 
in an effort to help ensure the safety of citizens of specific 
ethnic and religious groups, and Iraq's neighbors. We are also 
considering how best to achieve our objective of regime change.
    We will continue to contain the threats posed by Iraq, but 
over the long term, the most effective and lasting way to end 
this threat is through a change of government in Baghdad. To 
this end, we support the Iraqi opposition as part of our 
program to support a transition to democracy in Iraq. As part 
of that effort, the Iraqi National Congress (INC) continues to 
be funded for a variety of activities by the State Department, 
and continues to receive training under the drawdown authority 
of the Iraq Liberation Act (ILA).
    Iraq continues to reject UNSC Resolution 1284, a binding 
resolution adopted under Chapter VII of the UN Charter, 
including its requirement that Iraq provide the UN Monitoring, 
Verification and Inspection Commission (UNMOVIC) and the 
International Atomic Energy Agency (IAEA) with immediate, 
unconditional and unrestricted access to Iraq and its 
facilities, equipment, records, and personnel.
    Nonetheless, the UN continues to implement those parts of 
the resolution which do not require Iraqi cooperation. In its 
quarterly report to the UNSC on February 26, 2002, UNMOVIC 
provided an update on measures it is taking to prepare for 
inspections in Iraq. UNMOVIC Executive Chairman Dr. Hans Blix 
has stated that UNMOVIC inspectors are prepared and ready to 
return to Iraq. To serve a useful purpose, a UN inspections 
regime must have the mandate, resources, access, cooperation, 
and support necessary to function at a high standard of 
effectiveness. A UN inspections regime that lacks the 
capability or otherwise fails to function at such a standard of 
effectiveness could significantly harm U.S. interests. We 
continue to consult regularly with Dr. Blix and his staff to 
provide the best support possible. In its semi-annual report to 
the UN Security Council on October 5, 2001, and IAEA indicated 
it is similarly prepared to return to Iraq, but that the longer 
the suspension of resolution-related inspections lasts, the 
more difficult it will be and the more time will be required 
for the Agency to re-establish a level of knowledge comparable 
to that achieved at the end of 1998.
    Ambassador Yuli Vorontsov, the Secretary General's high-
level coordinator for Kuwait Issues, presented his periodic 
report on Kuwaiti and third-country national prisoners and 
stolen Kuwaiti property on December 20, 2001. These reports 
demonstrate Iraq's continuing failure to comply fully with its 
obligations under relevant UNSCRs. The Iraqi Government 
continues to deny Ambassador Vorontsov entry to the country. We 
have requested that Ambassador Vorontsov attend any future 
meetings between the SYG and the Iraqi Foreign Minister.
    The Oil-for-Food (OFF) program, which is designed to 
provide for the humanitarian needs of the Iraqi people as long 
as UN sanctions remain in place, continues to function 
effectively. Iraq exported over $10 billion worth of oil in 
2001 with the proceeds going to a UN-controlled escrow account. 
On November 29, the UNSC extended the current phase of the OFF 
program for an additional 180 days.

           U.S. and Coalition Force Levels in the Gulf Region

    Saddam Hussein's record of aggressive behavior necessitates 
the continued deployment of a highly capable force in the 
region in order to deter Baghdad and respond to any threat it 
might pose to its neighbors,the reconstitution of its weapons 
of massdestruction (WMD), or movement against the Kurds in 
northern Iraq. We will maintain a strong posture and have established a 
rapid reinforcement capability to supplement our forces in the Gulf, if 
needed.

         OPERATION NORTHERN WATCH AND OPERATION SOUTHERN WATCH

    Aircraft of the United States and coalition partners 
patrolling the No-Fly Zones over Iraq under Operations NORTHERN 
WATCH and SOUTHERN WATCH are routinely tracked by Iraqi radar, 
fired upon by anti-aircraft artillery, and attacked with 
surface-to-air missiles. Our aircrews continue to respond in 
self-defense to threats against and attacks on our aircraft 
patrolling the No-Fly Zones.

                     MARITIME INTERCEPT OPERATIONS

    The U.S.-led maritime Multinational Interception Force 
(MIF) continues to enforce UN sanctions in the Gulf. The United 
States continues to approach potential participants in the MIF 
to augment current partners. Canadian, Australian, and British 
forces are currently operating with U.S. forces.
    In large part, member states of the Gulf Cooperation 
Council (GCC) continue to support the MIF. The UAE accepts the 
vast majority of vessels diverted for violating UN sanctions 
against Iraq. Kuwait continues to accept diverts and is 
receptive when approached. Kuwait has also increased its 
ability to deal with smuggled oil by contracting a bunkering 
tanker, further indicative of its continued support. Other GCC 
nations are more hesitant to accept diverted vessels (Saudi 
Arabia, Qatar and Bahrain have accepted ships in the past, but 
now refuse), but all provide support in some form to the 
enforcement of UNSCRs against Iraq.
    From December 2001 through February 2002, monthly totals of 
smuggled petroleum products through the Gulf averaged less than 
those in the previous three-month period. This reduction is 
most likely due to lower oil prices and an increased MIF 
presence that makes interception of suspect vessels more 
likely. Iran continues to deny use of its territorial waters to 
all but the largest of smuggling vessels from which significant 
fees can be obtained.
    The MIF continues to serve as a critical deterrent to the 
smuggling of prohibited items and products into and out of 
Iraq. We need to continually reassess the adequacy of MIF force 
levels as conditions develop.

               UNMOVIC/IAEA: WEAPONS OF MASS DESTRUCTION

    There have been no Council-mandated weapon inspections in 
Iraq since December 15, 1998. Iraq's defiance of the 
international consensus, as expressed by UNSCR 1284, has meant 
that no progress has been made in addressing Iraq's outstanding 
disarmament obligations. Iraq remains in violation of its 
obligations to end its programs to develop weapons of mass 
destruction and long-range missiles.
    UNMOVIC has largely completed the hiring of its core staff 
in New York and is continuing to hire people in an on-call or 
``roster'' category, including Americans. UNMOVIC has completed 
five training courses and is planning to hold a sixth course in 
late 2002. The United States continues to provide UNMOVIC with 
course instructors and facilities for hands-on training. We 
consult with Dr. Blix and his staff regularly to provide the 
best support possible. Most recently, on January 10, Dr. Blix 
met with Secretary of State Powell, Dr. Condoleezza Rice, and 
OASD/USDP Douglas Feith in Washington. On February 26, 2002, 
UNMOVIC provided its latest report on measures it is taking to 
prepare for inspections in Iraq. Dr. Blix has stated that 
UNMOVIC inspectors are prepared and ready to return to Iraq.
    The United States also continues to provide support to and 
hold regular consultations with the IAEA Iraq Action Team. In 
its semi-annual report to the UN Security Council on October 5, 
2001, the IAEA indicated that it has maintained its readiness 
to resume verification and monitoring activities in Iraq but 
that the longer the suspension of resolution related 
inspections lasts, the more difficult it will be and the more 
time will be required for the Agency to re-establish a level of 
knowledge comparable to that achieved at the end of 1998.

                             DUAL-USE ITEMS

    Although the OFF program revenues are designated for 
humanitarian purposes only, we remain concerned that Iraq is 
abusing this program in an attempt to acquire goods and 
materials for its weapons programs. Currently, the United 
States, as a member of the UN Iraq Sanctions Committee, reviews 
all contracts under the OFF program (unless the items are on 
alist pre-approved for expedited humanitarian export) to ensure that 
prohibited items are not exported to Iraq and dual-use items are not 
diverted to Iraqi weapons programs. On November 29, 2001, the United 
Nations Security Council unanimously adopted Resolution 1382. In this 
resolution, the Council agreed to adopt and implement a Goods Review 
List (GRL) by May 30, 2002, subject to any refinements agreed to by the 
Council prior to that date. When implemented, the GRL will maintain UN 
controls on items deemed useful in supporting Iraq's ballistic missile, 
conventional military, and nuclear, chemical, and biological weapons 
programs. At the same time, this approach will lift economic sanctions 
on purely civilian trade with Iraq.
    UNSCR 1051 established a joint UNSCOM/IAEA unit to monitor 
Iraq's authorized imports of WMD and missile-related items 
(WMD/missile-related goods are also known as ``1051''-listed 
goods). UNSCR 1051 also established lists of items subject to 
review in all four weapons categories--ballistic missile, 
nuclear, chemical and biological. As we previously reported, 
these lists were updated by UNMOVIC and the IAEA. Under UN 
Security Council resolution 1284, UNMOVIC has assumed this 
responsibility from UNSCOM, with the added requirement to 
identify if, in their estimation, a contract contains a 1051-
listed good. UNMOVIC and the IAEA have continued to perform 
this duty during this reporting period. Under UNSCR 1382, 
UNMOVIC and the IAEA would be charged with screening all oil 
for food contracts for GRL-listed items. Under this approach, 
the GRL includes the 1051 lists and items that Iraq could use 
to support its conventional military. Since weapons inspectors 
left Iraq in December 1998, the UN Office of the Iraq Programme 
is the principal organization allowed to observe goods going 
into Iraq under the OFF program. Various UN agencies have 
provided end-use verification to varying low degrees. In the 
absence of weapons inspectors and other experts on the ground 
in Iraq, The United States has placed holds on a number of 
prohibited or dual-use contracts that otherwise likely would 
have been approved if UNMOVIC/IAEA monitoring were available.

                    The UN's ``Oil-for-Food'' Program

    We continue to support the international community's 
efforts to provide for the humanitarian needs of the Iraqi 
people through the OFF program. Under UN control, the proceeds 
of Iraqi oil sales are used to purchase humanitarian goods, 
fund UN Compensation Commission awards against Iraq arising out 
of its invasion and occupation of Kuwait, and to meet UN 
administrative costs. As of March 15, 2002, Iraq had exported 
nearly $3.0 billion worth of oil during the eleventh six-month 
phase of the OFF program, which began on November 30, 2001. 
According to UN data since the start of the OFF program, 21,575 
contracts for humanitarian goods worth over $31 billion have 
been approved through January 31, 2002. To streamline the 
approval process for humanitarian goods, we have agreed with 
the UN on a fast-track approval process for some goods. 
However, as purchases under the program have moved from basic 
humanitarian supplies to more expensive infrastructure 
projects, the number and value of U.S. ``holds'' on contracts 
have increased. The Security Council's commitment in recently 
adopted resolution 1382 to implement the Goods Review List and 
related procedures on May 30, 2002, will help eliminate holds 
(contracts would either be approved or submitted to the 
sanctions committee members for approval or submitted to the 
sanctions committee members for approval or denial)), while 
ensuring that the Iraqi regime has less access to the goods 
most important to its rearmament efforts.
    The OFF program maintains a separate program for northern 
Iraq, administered directly by the UN in consultation with the 
local authorities. This program, which the United States 
strongly supports, ensures that when Iraq contracts for the 
purchase of humanitarian goods, 13 percentage of the funds 
generated under the OFF program are spent on items for northern 
Iraq.
    Humanitarian efforts in northern Iraq have led to a marked 
contrasts between the health of the population of the north, 
where indicators show an improvement, and of the population 
living in the areas where the UN does not administer the 
program.
    International humanitarian programs, including most 
importantly the OFF Program, have steadily improved the life of 
the average Iraqi and led to improvements in health care, 
water, sanitation, agriculture, education, and other areas, 
while denying Saddam Hussein control over most of Iraq's oil 
revenues.
    However, as noted in a February 26, 2002, UN report, the 
Government of Iraq is not committed to using the funds 

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