Equipo Nizkor - Ninth report of the Secretary-General about the United Nations Compensation Fund that Iraq is required to supply.

United Nations
Security Council

S/2015/937

Distr.: General
7 December 2015
Original: English

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

I. 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 on an ongoing basis to the Council every six months about the United Nations Compensation Fund, with effect from 1 January 2012, evaluating the continued compliance with the provisions of paragraph 21 of resolution 1483 (2003), which requires Iraq to deposit 5 per cent of the proceeds from export sales of petroleum, petroleum products and natural gas into the Fund. The present ninth report covers the developments since the issuance of my eighth report (S/2015/467) on 23 June 2015.

II. Developments

2. The overall amount of compensation paid to date by the United Nations Compensation Commission stands at $47.8 billion, leaving approximately $4.6 billion outstanding to be paid to Kuwait to settle the last remaining claim.

3. As indicated in my previous two reports, in response to a request from the Government of Iraq to defer payment of the remaining $4.6 billion, the Governing Council of the Commission expressed solidarity with Iraq and adopted decision 272 (2014) on 18 December 2014, by which it postponed until 1 January 2016 the requirement that Iraq deposit into the Compensation Fund 5 per cent of the proceeds from all export sales of petroleum, petroleum products and natural gas and 5 per cent of the value of any non-monetary payments of petroleum, petroleum products and natural gas made to service providers. The decision was supported by the Government of Kuwait.

4. At the eightieth session of the Governing Council, held on 28 October 2015, the Council considered a request from the Government of Iraq for an additional one-year postponement of its deposit requirements. Recognizing that the extraordinarily difficult security circumstances in Iraq had continued since its adoption of decision 272 (2014), the Council adopted decision 273 (2015), by which it granted the further one-year postponement. In adopting the decision, the Council welcomed the support of the Government of Kuwait for the Iraqi request and noted with appreciation the commitment of Iraq to complying with its obligations. The Council also emphasized that it was important for Iraq to complete the payment of the outstanding compensation in a timely manner and to bring the Commission's mandate to a conclusion.

5. The Government of Iraq is to resume deposits on 1 January 2017, with payments towards the outstanding amount also scheduled to resume in 2017 in accordance with the mechanism set out in Governing Council decision 267 (2009).

6. In conclusion, I welcome the most recent decision of the Governing Council and acknowledge the support of the Government of Kuwait for the request by Iraq. I should like to echo the Council and emphasize the importance of completing the payment of the outstanding compensation in a timely manner. I should also like to express my solidarity with the Government and the people of Iraq.

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07Dec15

Ninth report of the Secretary-General about the United Nations Compensation Fund that Iraq is required to supply