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SC Jan/2012 activity

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1 SC Jan/2012 activity on Thu Jan 05, 2012 3:24 pm

windreader1


Security council January schedule is posted and a meeting is scheduled on the 17th.

January 17, 2012 Consultations (A.M.) - Iraq/DFI/WMD

It covers two area's, the DFI and WMD. Before anyone gets really excited about this meeting let me say a consultation is the lowest level of meetings by the SC. Here is a breakdown of each of the issues. My comments will be in bolder and in italic
s.



****DFI

Except from SG report
S/2011/795

First report of the Secretary-General pursuant to paragraph 6 of resolution 1956 (2010)

Introduction
1. The present report is submitted pursuant to paragraph 6 of Security Council resolution 1956 (2010), in which the Council requested me to provide written reports to it on an ongoing basis, every six months, with the first report due no later than 1 January 2012, about the United Nations Compensation Fund, evaluating continued compliance with the provisions of paragraph 21 of resolution 1483 (2003).


Notice that the initial resolution from 2003 is still in play for anyone who thinks Chapter VII was terminated regarding the DFI fund. The SG's report is favorable with two exceptions. The first deals with the collection of the 5% on the in- kind transactions.


Excerpt from SG report
4. At the meeting between the Executive Head of the secretariat of the Compensation Commission, the Controller of the United Nations and the Committee of Financial Experts in early July 2011, the Head of the Committee reaffirmed that the arrangements for the transfer of 5 per cent of the proceeds from all export sales of petroleum, petroleum products and natural gas from Iraq would remain unchanged. The issue of non-monetary payments of export sales of petroleum, petroleum products and natural gas from Iraq was also discussed, and both the Executive Head and the Controller stressed that if Iraq will be engaging in such transactions, a proper accounting mechanism must be put in place to ensure that 5 per cent of the value of such transactions is recorded and an equivalent amount transferred to the Compensation Fund. The Compensation Commission reiterated this position on 24 August 2011 in response to an enquiry from the Government of Iraq, and again on 20 October 2011, in a letter to the Committee of Financial Experts following the seventy-second session of the Governing Council. The Commission is awaiting confirmation from the Committee of Financial Experts that such a mechanism has been put in place.

The in-kind transactions is a new requirement that was added to the Dec/2010 resolution. An in-kind transaction is a trade for products or services instead of an outright sale of their oil or gas. Good way to avoid paying the 5% to the compensation fund. Evidently they got caught and now have to pay. Iraq protested to the Compensation Committee but were told it was legal under SC resolutions and to set up the procedures to track and pay the required 5%. (Compensation Committee report S/2011/639 submitted in Oct to the SC) This is interesting because Iraq now has to pay this out of their funds since they are not receiving any money from the trade transaction. To date, Iraq has not complied.

The second item that I found interesting in the SG report was the rider regarding the audit and his language that only suggests the indicators are positive.

Excerpt from SG report
7. While all the indicators are positive and suggest that the Government of Iraq is compliant with its obligations under paragraph 21 of resolution 1483 (2003), only after an audit has been conducted on the successor account to the Development Fund for Iraq will it be possible to confirm this conclusion. In this regard, it is noted that the Committee of Financial Experts has appointed the firm of Ernst & Young to conduct the 2011 audit of the Development Fund for Iraq and its successor account.


On Dec. 27, 2011 Iraq submitted a letter of protest to the SC regarding the lack of access to the complete archives of requests for compensation that were submitted to the United Nations Compensation Committee. I find it extremely odd that archived records of this nature would have been destroyed after seven years.

Excerpt from Iraq letter

In that regard, I should like to note that, some time ago, the Government of Iraq submitted a request for access to the complete archives of requests for compensation that were submitted to the United Nations Compensation Committee. Such access is important in respect of court claims that have been made by certain persons before the Iraqi courts relating to requests for compensation arising from damage sustained as a result of the 1990 war. A decision on those claims is pending a final decision from the United Nations Compensation Committee as to whether it will award compensation. Access to the archive is necessary in order to avoid duplication in respect of such claims and compensation.

We should also like to refer to the fact that Iraq has lost many of the documents relating to the compensation file as a consequence of the events that have taken place in the country, and that decisions made by the Governing Council of the United Nations Compensation Committee gave Iraq the right to see requests submitted to the Committee, express an opinion thereon and be advised in that regard. While the Committee agreed to provide us with the claims archives, it has only given us information on claims from States and institutions in groups E and F, and none on claims from the individuals in groups A, B, C and D, saying that it was unable to do so because of the implementation of the archive policy and its destruction seven years after payment of the compensation. Furthermore, there were certain restrictions on the information that could be provided because of the need to respect confidentiality.
It is of the greatest importance to Iraq that it should be able to obtain a copy of those archives, since it was on the basis of their contents that huge sums of money have been paid out, having a negative impact on the economy of the country that continues to the present day. We ask for your support in our request for access to this archive, affirming our readiness to appoint local staff to assist the secretariat of the United Nations Compensation Committee in the preparations for making a copy of those archives available to us, thereby enabling us to close that file, along with other files that are pending with Kuwait and comply with the relevant Security Council resolutions.
(Signed) Hoshyar Zebari Minister for Foreign Affairs



****WMD


In Oct/2011, the SG submitted the report required by Resolution 1957/2010 regarding the WMD issues. Iraq is required to vote on the Additional Protocol. The SG was to report in one year on Iraq's progress. To date I have not identified any news article stating Iraq has complied.


Excerpt from S/2011/607


United Nations
Security Council Distr.: General 3 October 2011
Original: English
Report of the Secretary-General pursuant to paragraph 3 of resolution 1957 (2010)
Introduction
1. The present report is submitted pursuant to paragraph 3 of resolution 1957 (2010), by which the Security Council decided, inter alia, to review in one year’s time progress made by Iraq on its commitment to ratify the Additional Protocol to the Comprehensive Safeguards Agreement and meet its obligations under the Chemical Weapons Convention. The Council also requested the Secretary-General to report to the Council in this regard.
2. The information contained in the present report has been provided by the International Atomic Energy Agency and the Organization for the Prohibition of Chemical Weapons.
3. On 6 September 2011, the International Atomic Energy Agency reported that as at 5 September 2011, the Additional Protocol to the Comprehensive Safeguards Agreement had not entered into force in Iraq. However, since 17 February 2010, Iraq has continued to implement the Additional Protocol provisionally pending its entry into force.


2 Re: SC Jan/2012 activity on Thu Jan 05, 2012 4:01 pm

MrsCK


THANK YOU MOM!!!!!!!! Easy to understand with your break down!

3 Re: SC Jan/2012 activity on Fri Jan 06, 2012 3:36 pm

gente

avatar
Thanks for the breakdown Wind! Seems Iraq was doing some "creative bookeeping" trying to hide their oil income? Figures...

4 Re: SC Jan/2012 activity on Fri Jan 06, 2012 9:59 pm

windreader1


gente wrote:Thanks for the breakdown Wind! Seems Iraq was doing some "creative bookeeping" trying to hide their oil income? Figures...

Yep, they did. Two items told me it must have been a serious infraction. The first that it was added to a resolution this late in the game. The second was the protest to the Compensation Committee regarding whether it was legal for the SC to add it to the resolution. Would say they were caught big time on this one. Add this to their failure to install all of the oil meters could add up to a lot of unreported revenue.

5 Re: SC Jan/2012 activity on Fri Jan 06, 2012 10:05 pm

gente

avatar
windreader1 wrote:
gente wrote:Thanks for the breakdown Wind! Seems Iraq was doing some "creative bookeeping" trying to hide their oil income? Figures...

Yep, they did. Two items told me it must have been a serious infraction. The first that it was added to a resolution this late in the game. The second was the protest to the Compensation Committee regarding whether it was legal for the SC to add it to the resolution. Would say they were caught big time on this one. Add this to their failure to install all of the oil meters could add up to a lot of unreported revenue.

Probably why they keep delaying the HCL, they are all probably making a KILLING looting the oil incomes...

6 Re: SC Jan/2012 activity on Fri Jan 06, 2012 10:13 pm

windreader1


Didn't the CBI just report 60 billion in reserves as the all time high, Hmmmmmmm

7 Re: SC Jan/2012 activity on Fri Jan 06, 2012 10:24 pm

gente

avatar
Yep..they kept saying 58 billion for about a month, and now it's hit 60 billion, never been that high in history

8 Re: SC Jan/2012 activity on Mon Jan 16, 2012 12:58 pm

windreader1


This is the January forecast of activity for the Security Council. Usually the forecast is posted before the actual calendar gets posted. Was just the opposite this month. The consultation on Iraq is still scheduled for tomorrow.

This is the first time I have seen that a tracking number has not been assigned to a report. (S/2011/xxx) I found that odd especially since the Security Council has the report. I also still find it extremely odd that two reports due to be reviewed in December were deferred to January. Considering that Iran has failed to ratify the Additional Protocol it will be interesting to see how the Security Council handles the same situation with Iraq.




Excerpt

Iraq - the Development Fund

Resolution 1905 (2009) of 21 December 1999

Parra. 5: Requests the Government of Iraq through the head of the Committee of Financial Experts (COFE) to report to the Security Council on a quarterly basis, with the first report no later than 1 April 2010 to provide an action plan and timeline for the transition from the Development Fund and details on the progress made in strengthening financial and administrative oversight of the current Development Fund for Iraq, with subsequent quarterly reports to provide an assessment of progress against the action plan and oversight improvements.
The report of the Secretary-General dated xxx 2011 (S/2011/xxx) is before the Security Council.

Iraq – weapons of mass destruction
Resolution 1957 (2010) of 15 December 2010
Para. 3: decides to review in one year’s time progress made by Iraq on its commitment to ratify the Additional Protocol to the Comprehensive Safeguards Agreement and meet its obligations under the Chemical Weapons Convention, and requests the Secretary-General to report to the Security Council in this regard.
The report of the Secretary-General dated 3 October 2011 (S/2011/607) is before the Security Council.

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