Governing Council of the United Nations Compensation Commission
Sixty-ninth session
Provisional summary record of the 172nd meeting (closed)
Held at the Palais des Nations, Geneva, on Thursday, 29 April 2010, at 12 noon
S/AC.26/SR.172
The meeting was called to order at 12.10 p.m.
1. The President recalled that the Governing Council had agreed, at its opening
plenary meeting, to refer agenda items 7 to 12 to the Working Group. Council members
would now hear the report of the Chairperson of the Working Group on those items.
2. At the invitation of the President, Mr. Spitzer (Austria), Chairperson of the Working
Group, read out the following report:
“Report of the Chair of the Working Group on the conclusions reached at the
Working Group Meeting of the Sixty-ninth session of the Governing Council
“The Working Group considered agenda items 7–12 and reached conclusions
on all items. The text of the conclusions have been circulated and agreed upon. I will
provide a very brief summary of the conclusions on each of these items.
“Agenda item 7 – Level of Iraq’s contribution to the Fund
“With regard to the consultations between Iraq and Kuwait under the
auspices of the UNCC on the unpaid balance of approximately $22.9 billion that will
remain owing to Kuwait following the payment of 29 April 2010, the Working
Group reiterated the paramount importance of a resolution on this issue and
expressed its strong interest in seeing the consultations resume as soon as possible.
The Working Group also reiterated its readiness to provide experts and technical
assistance to help achieve real progress on this issue. The Executive Head will
continue his efforts towards moving the consultations forward.
“Agenda item 8 – Arrangements for ensuring that payments are made to the Fund
“On the ongoing issue of the shortfall to the Compensation Fund, the
Secretariat will continue to follow up with the UN Controller emphasizing the
importance the Governing Council attaches to the resolution of the shortfall.
“With regards to the arrangements for ensuring that payments are made to the
Compensation Fund, the Working Group noted that in his first quarterly report under
Security Council resolution 1905, which extended the Development Fund for Iraq
and the mandate of the IAMB for a further year, the Secretary-General highlighted
the need to maintain the present mechanism or to establish an alternative, equally
effective mechanism. As the issue of arrangements is of great importance for the
UNCC, the Secretariat will continue to follow up with the UN Controller and the
President of the Iraq Supreme Board of Audit and head of the Iraq Committee of
Financial Experts (COFE), and the Working Group will continue to consider this
matter in the coming months to ensure effective arrangements remain in place.
S/2011/284
United Nations
Security Council
5 May 2011
Letter dated 8 April 2011 from the President of the Governing
Council of the United Nations Compensation Commission
addressed to the President of the Security Council.
I am pleased to provide my report as the President of the Governing Council
on the results of the Governing Council’s seventy-first session, which was held in
Geneva from 5 to 7 April 2011.
On the consultations between Iraq and Kuwait under the auspices of the United
Nations Compensation Commission regarding the unpaid balance of approximately
$21 billion that remains owing to Kuwait, the Council took note of the briefing and
efforts of the Executive Head of the Commission and also took note of the
statements made by the delegations of the Governments of Iraq and Kuwait at the
opening plenary session regarding this issue. The Council welcomed the formation
of the Joint Iraq-Kuwait Ministerial Committee and its first meeting in Kuwait on
bilateral issues and encouraged consultations on the outstanding compensation
under the auspices of the Commission. The Council noted its hope that there
continue to be a strong interest and willingness on both sides to move forward on
this issue and requested that the Executive Head continue his efforts and keep the
Governing Council informed.
On the issue of the arrangements for ensuring that payments are made to the
Compensation Fund, the Governing Council recalled that in its resolution 1956
(2010), the Security Council provides for the transition to a post-Development Fund
mechanism and the transfer of the oversight function from the International
Advisory and Monitoring Board for Iraq to the Iraq Committee of Financial Experts
by the end of June 2011. A number of Governing Council members highlighted at
the opening plenary, in the presence of the delegations of Iraq and Kuwait, the
importance of the current or similar arrangements for the deposit of 5 per cent into
the Compensation Fund remaining in place following the expiration of the
Development Fund for Iraq and the mandate of the International Advisory and
Monitoring Board for Iraq at the end of June 2011. In its conclusion on this issue,
the Governing Council also requested that I emphasize the importance of such
arrangements in this report. The Council also noted that in a meeting with the head
of the Iraq Committee of Financial Experts and the Permanent Representative of
Iraq in Geneva, the Executive Head had received assurances that the current
arrangements would remain unchanged following the transfer to a post-
Development Fund mechanism; this was reinforced in the statement made by the
Permanent Representative of Iraq at the opening plenary.
With respect to the Follow-up Programme for Environmental Awards
established pursuant to decision 258 (2005), with the Governing Council having
concluded at its seventieth session that the mandate of the Follow-up Programme
under decision 258 (2005) can and should be fulfilled in the near term and having
indicated its intention to adopt a decision in this regard at the current session, highlevel
delegations from the Governments of Iraq, Jordan, Kuwait and Saudi Arabia
attended the session at the invitation of the Governing Council and shared their
views. The Governments of Jordan, Kuwait and Saudi Arabia also provided
information to the Governing Council on the status of implementation of their
respective projects.
In considering the progress made by the participating Governments under the
Follow-up Programme for Environmental Awards, the Council adopted decision 269
(S/AC.26/Dec.269 (2011)) concerning the fulfilment of the Follow-up Programme.
This decision provides that the mandate of the Programme will be fulfilled upon the
participating Governments’ establishment of identified structural systems and
controls and the provision of adequate assurances for their maintenance and for the
use of the award funds for the successful completion of the projects and a
determination to that effect by the Governing Council.
The next Council session will be held from 11 to 13 October 2011.
With the recent payment made on 27 January 2011 to the nine remaining
successful claimants (in the corporate and government claims categories) from the
Compensation Fund, all awarded to Kuwait, the overall amount of compensation
made available to date by the Commission is approximately US$ 31.4 billion, with a
total outstanding balance of $21 billion remaining to be paid. The next payment is
scheduled to be made on 28 April 2011.
(Signed) Reinhard Schweppe
President of the Governing Council
Sixty-ninth session
Provisional summary record of the 172nd meeting (closed)
Held at the Palais des Nations, Geneva, on Thursday, 29 April 2010, at 12 noon
S/AC.26/SR.172
The meeting was called to order at 12.10 p.m.
1. The President recalled that the Governing Council had agreed, at its opening
plenary meeting, to refer agenda items 7 to 12 to the Working Group. Council members
would now hear the report of the Chairperson of the Working Group on those items.
2. At the invitation of the President, Mr. Spitzer (Austria), Chairperson of the Working
Group, read out the following report:
“Report of the Chair of the Working Group on the conclusions reached at the
Working Group Meeting of the Sixty-ninth session of the Governing Council
“The Working Group considered agenda items 7–12 and reached conclusions
on all items. The text of the conclusions have been circulated and agreed upon. I will
provide a very brief summary of the conclusions on each of these items.
“Agenda item 7 – Level of Iraq’s contribution to the Fund
“With regard to the consultations between Iraq and Kuwait under the
auspices of the UNCC on the unpaid balance of approximately $22.9 billion that will
remain owing to Kuwait following the payment of 29 April 2010, the Working
Group reiterated the paramount importance of a resolution on this issue and
expressed its strong interest in seeing the consultations resume as soon as possible.
The Working Group also reiterated its readiness to provide experts and technical
assistance to help achieve real progress on this issue. The Executive Head will
continue his efforts towards moving the consultations forward.
“Agenda item 8 – Arrangements for ensuring that payments are made to the Fund
“On the ongoing issue of the shortfall to the Compensation Fund, the
Secretariat will continue to follow up with the UN Controller emphasizing the
importance the Governing Council attaches to the resolution of the shortfall.
“With regards to the arrangements for ensuring that payments are made to the
Compensation Fund, the Working Group noted that in his first quarterly report under
Security Council resolution 1905, which extended the Development Fund for Iraq
and the mandate of the IAMB for a further year, the Secretary-General highlighted
the need to maintain the present mechanism or to establish an alternative, equally
effective mechanism. As the issue of arrangements is of great importance for the
UNCC, the Secretariat will continue to follow up with the UN Controller and the
President of the Iraq Supreme Board of Audit and head of the Iraq Committee of
Financial Experts (COFE), and the Working Group will continue to consider this
matter in the coming months to ensure effective arrangements remain in place.
S/2011/284
United Nations
Security Council
5 May 2011
Letter dated 8 April 2011 from the President of the Governing
Council of the United Nations Compensation Commission
addressed to the President of the Security Council.
I am pleased to provide my report as the President of the Governing Council
on the results of the Governing Council’s seventy-first session, which was held in
Geneva from 5 to 7 April 2011.
On the consultations between Iraq and Kuwait under the auspices of the United
Nations Compensation Commission regarding the unpaid balance of approximately
$21 billion that remains owing to Kuwait, the Council took note of the briefing and
efforts of the Executive Head of the Commission and also took note of the
statements made by the delegations of the Governments of Iraq and Kuwait at the
opening plenary session regarding this issue. The Council welcomed the formation
of the Joint Iraq-Kuwait Ministerial Committee and its first meeting in Kuwait on
bilateral issues and encouraged consultations on the outstanding compensation
under the auspices of the Commission. The Council noted its hope that there
continue to be a strong interest and willingness on both sides to move forward on
this issue and requested that the Executive Head continue his efforts and keep the
Governing Council informed.
On the issue of the arrangements for ensuring that payments are made to the
Compensation Fund, the Governing Council recalled that in its resolution 1956
(2010), the Security Council provides for the transition to a post-Development Fund
mechanism and the transfer of the oversight function from the International
Advisory and Monitoring Board for Iraq to the Iraq Committee of Financial Experts
by the end of June 2011. A number of Governing Council members highlighted at
the opening plenary, in the presence of the delegations of Iraq and Kuwait, the
importance of the current or similar arrangements for the deposit of 5 per cent into
the Compensation Fund remaining in place following the expiration of the
Development Fund for Iraq and the mandate of the International Advisory and
Monitoring Board for Iraq at the end of June 2011. In its conclusion on this issue,
the Governing Council also requested that I emphasize the importance of such
arrangements in this report. The Council also noted that in a meeting with the head
of the Iraq Committee of Financial Experts and the Permanent Representative of
Iraq in Geneva, the Executive Head had received assurances that the current
arrangements would remain unchanged following the transfer to a post-
Development Fund mechanism; this was reinforced in the statement made by the
Permanent Representative of Iraq at the opening plenary.
With respect to the Follow-up Programme for Environmental Awards
established pursuant to decision 258 (2005), with the Governing Council having
concluded at its seventieth session that the mandate of the Follow-up Programme
under decision 258 (2005) can and should be fulfilled in the near term and having
indicated its intention to adopt a decision in this regard at the current session, highlevel
delegations from the Governments of Iraq, Jordan, Kuwait and Saudi Arabia
attended the session at the invitation of the Governing Council and shared their
views. The Governments of Jordan, Kuwait and Saudi Arabia also provided
information to the Governing Council on the status of implementation of their
respective projects.
In considering the progress made by the participating Governments under the
Follow-up Programme for Environmental Awards, the Council adopted decision 269
(S/AC.26/Dec.269 (2011)) concerning the fulfilment of the Follow-up Programme.
This decision provides that the mandate of the Programme will be fulfilled upon the
participating Governments’ establishment of identified structural systems and
controls and the provision of adequate assurances for their maintenance and for the
use of the award funds for the successful completion of the projects and a
determination to that effect by the Governing Council.
The next Council session will be held from 11 to 13 October 2011.
With the recent payment made on 27 January 2011 to the nine remaining
successful claimants (in the corporate and government claims categories) from the
Compensation Fund, all awarded to Kuwait, the overall amount of compensation
made available to date by the Commission is approximately US$ 31.4 billion, with a
total outstanding balance of $21 billion remaining to be paid. The next payment is
scheduled to be made on 28 April 2011.
(Signed) Reinhard Schweppe
President of the Governing Council