S/1998/166 of 27/03/1998 Memorandum of understanding on Presidential sites

[David]

S/1998/166 of 27/03/1998 Memorandum of understanding on Presidential sites

LETTER DATED 25 FEBRUARY 1998 FROM THE SECRETARY-GENERAL

ADDRESSED TO THE PRESIDENT OF THE SECURITY COUNCIL






Further to my briefing of the Security Council yesterday regarding my recent mission to Baghdad, please find attached a copy of the Memorandum of Understanding which I signed with Mr. Tariq Aziz, Deputy Prime Minister of Iraq. Although the text of the Memorandum was made available informally to the members of the Council prior to the briefing, I should appreciate it if it could now be formally brought to their attention.






(Signed) Kofi A. ANNAN





Memorandum of Understanding


between


the United Nations and the Republic of Iraq






1. The Government of Iraq reconfirms its acceptance of all relevant resolutions of the Security Council, including resolutions 687 (1991) and 715 (1991). The Government of Iraq further reiterates its undertaking to cooperate fully with the United Nations Special Commission (UNSCOM) and the International Atomic Energy Agency (IAEA).




2. The United Nations reiterates the commitment of all Member States to respect the sovereignty and territorial integrity of Iraq.




3. The Government of Iraq undertakes to accord to UNSCOM and IAEA immediate, unconditional and unrestricted access in conformity with the resolutions referred to in paragraph 1. In the performance of its mandate under the Security Council resolutions, UNSCOM undertakes to respect the legitimate concerns of Iraq relating to national security, sovereignty and dignity.




4. The United Nations and the Government of Iraq agree that the following special procedures shall apply to the initial and subsequent entries for the performance of the tasks mandated at the eight Presidential Sites in Iraq as defined in the annex to the present Memorandum:




(a) A Special Group shall be established for this purpose by the Secretary-General in consultation with the Executive Chairman of UNSCOM and the Director General of IAEA. This Group shall comprise senior diplomats appointed by the Secretary-General and experts drawn from UNSCOM and IAEA. The Group shall be headed by a Commissioner appointed by the Secretary-General.




(b) In carrying out its work, the Special Group shall operate under the established procedures of UNSCOM and IAEA, and specific detailed procedures which will be developed given the special nature of the Presidential Sites, in accordance with the relevant resolutions of the Security Council.




(c) The report of the Special Group on its activities and findings shall be submitted by the Executive Chairman of UNSCOM to the Security Council through the Secretary-General.




5. The United Nations and the Government of Iraq further agree that all other areas, facilities, equipment, records and means of transportation shall be subject to UNSCOM procedures hitherto established.




6. Noting the progress achieved by UNSCOM in various disarmament areas, and the need to intensify efforts in order to complete its mandate, the United Nations and the Government of Iraq agree to improve cooperation, and efficiency, effectiveness and transparency of work, so as to enable UNSCOM to report to the Council expeditiously under paragraph 22 of resolution 687 (1991). To achieve this goal, the Government of Iraq and UNSCOM will implement the recommendations directed at them as contained in the report of the emergency session of UNSCOM held on 21 November 1997.




7. The lifting of sanctions is obviously of paramount importance to the people and Government of Iraq and the Secretary-General undertook to bring this matter to the full attention of the members of the Security Council.












Signed this 23rd day of February 1998 in Baghdad in two originals in English.






For the United Nations For the Republic of Iraq






Kofi A. Annan Tariq Aziz

Secretary-General Deputy Prime Minister







Annex


to the Memorandum of Understanding


between the United Nations and the Republic of Iraq


of 23 February 1998






The eight Presidential Sites subject to the regime agreed upon in the present Memorandum of Understanding are the following:




1. The Republican Palace Presidential Site (Baghdad).




2. Radwaniyah Presidential Site (Baghdad).




3. Sijood Presidential Site (Baghdad).




4. Tikrit Presidential Site.




5. Tharthar Presidential Site.




6. Jabal Makhul Presidential Site.




7. Mosul Presidential Site.




8. Basrah Presidential Site.




The perimeter of the area of each site is recorded in the survey of the "Presidential sites" in Iraq implemented by the United Nations Technical Mission designated by the Secretary-General, as attached to the letter dated 21 February 1998 addressed by the Secretary-General to the Deputy Prime Minister of Iraq.