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United Nations Security Council Resolution 1958


United Nations Security Council Resolution 1958, adopted on December 15, 2010, after recalling resolutions 986 (1995), 1472 (2003), 1476 (2003), 1483 (2003) and 1546 (2004) on the situation in Iraq, the Council terminated the residual activities of the Oil-for-Food Programme.^[1]
Resolution 1958, along with resolutions 1956 (2010) and 1957 (2010), ended some major restrictions placed on Iraq. However, demands that Iraq resolve disputes with Kuwait remained.^[2] The high-level meeting was chaired by United States Vice President Joe Biden.^[3]
The resolution was passed with 14 votes in favour to none against, and one abstention from France, which said additional financial guarantees were required.^[4]

Resolution

Observations

The Council began by recalling the need for the Oil-for-Food Programme as a temporary measure to provide humanitarian aid to the Iraqi people and the need for the country to regain an international standing to the level of that prior to the adoption of Resolution 661 (1990).

Acts

Acting under Chapter VII of the United Nations Charter, the Council requested the Secretary-General Ban Ki-moon to terminate the residual activities of the Oil-for-Food Programme. He was authorised to establish an escrow account with independent public accountants, in which US$20 million would be retained for the use of United Nations until December 31, 2016, and a further US$131 million retained as compensation for the United Nations with regard to activities in connection with the Programme since its inception in 1995. All remaining funds in the account created by Resolution 1483 were to be transferred to the Development Fund for Iraq.
The resolution further requested the Secretary-General to ensure the effective implementation of the resolution and report to the Council.

https://en.wikipedia.org/wiki/United_Nations_Security_Council_Resolution_1958

Meetings Coverage

SC/12660

30 December 2016

• Security Council
  
  

7854th Meeting (AM)

Security Council Authorizes Continued Maintenance of Iraq Escrow Account, Unanimously Adopting Resolution 2335 (2016)

The Security Council today authorized the Secretary-General to continue to maintain the escrow account authorized by resolution 1958 (2010), and to retain the funds contained therein until 30 June 2017, at which time all remaining funds would be transferred to the Government of Iraq.

Unanimously adopting resolution 2335 (2016) under Chapter VII of the United Nations Charter, the 15-member Council also requested that the Secretary-General continue to pursue implementation of paragraph 7 and other relevant aspects of resolution 1958 (2010).

Paragraph 4 of resolution 1958 (2010) authorized the Secretary-General to ensure the retention of $20 million from the Iraq Account in the escrow account until 31 December 2016, exclusively for United Nations expenses relating to the orderly termination of the residual activities of the oil-for-food programme.  Paragraph 5 authorized the Secretary-General to ensure that up to $131 million of the Iraq Account were retained in the escrow account for the purpose of providing indemnification to the United Nations, its representatives, agents, and independent contractors for a period of six years with regard to all activities in connection with the Programme since its inception.

Michele Sison (United States), whose delegation submitted the text, said that the short-term extension brought the United Nations a step closer to closing the book on the programme and to tying up a few outstanding issues.  The Government of Iraq and the United Nations had made progress in several areas, including some legal issues, she said, adding that the Government of Iraq should see today’s extension as the Council’s unwavering support for closing the file once and for all.

The Security Council also took note of a letter (document S/2016/1126) dated 29 December 2016 from the Secretary-General to the President of the Council.

The meeting began at 10:02 a.m. and ended at 10:05 a.m.

Resolution

The full text of resolution 2335 (2016) reads as follows:

“The Security Council,

“Recalling its resolution 1958 (2010),

“Acting under Chapter VII of the Charter of the United Nations,

“1.   Reaffirms its call in paragraph 2 of resolution 1958 (2010) for the Government of Iraq to provide without delay payments referred to therein;

“2.   Authorizes the Secretary-General to continue to maintain the escrow accounts authorized in paragraphs 3, 4 and 5 of resolution 1958 (2010) and to retain the funds in those accounts until 30 June 2017, at which time all remaining funds are to be transferred to the Government of Iraq;

“3.   Requests the Secretary-General to continue to pursue implementation of paragraph 7 and other relevant aspects of resolution 1958 (2010);

“4.   Requests the Secretary-General to report on implementation of this resolution no later than 30 March 2017 and with a final report three months after the transfer of any remaining funds pursuant to paragraph 2 to the Government of Iraq, unless otherwise authorized by the Security Council;

“5.   Decides to remain actively seized of the matter.”