DECREE NO 4,775, DE July 9, 2003.

Provides on the implementation in the National Territory of United Nations Security Council Resolution 1,483 of May 22, 2003, which modifies the regime of sanctions against Iraq

THE VICE PRESIDENT OF THE REPUBLIC, in the exercise of the office of President of the Republic, using the attribution that confers him on art. 84, inciso IV, of the Constitution, in accordance with Article 25 of the Charter of the United Nations, promulgated by Decree No 19,841 of October 22, 1945, and

Considering the adoption, on May 22, 2003, of United Nations Security Council Resolution 1,483 ;

DECRETA:

Art. 1º Stay the Brazilian authorities obliged, within the framework of their respective assignments, to compliance with the provisions of Resolution 1,483 (2003) adopted by the United Nations Security Council on May 22, 2003, appended to this Decree.

Art. 2º Remains in force the prohibition on sale or supply to Iraq of weapons or related material, except for the weapons and related material required by the Authority for the purposes of Resolution 1,483 (2003) and other resolutions, as per the paragraph 10 of the attached Resolution.

Art. 3º Stay revoked the Decrees no 99,441, August 7, 1990, no number, May 21, 1991, and no number, of May 5, 1997.

Art. 4º This Decree shall enter into force on the date of its publication.

Brasilia, July 9, 2003 ; 182º of Independence and 115º of the Republic.

JOSÉ ALENCAR GOMES DA SILVA
Celso Luiz Nunes Amorim

The Security Council,

Recording all the relevant Resolutions previewing,

Reaffirming the sovereignty and territorial integrity of Iraq,

reaffirming, too, the importance of the disarmament of weapons of mass destruction from Iraq and the eventual confirmation of that disarmament of Iraq,

Underlining the right of the Iraqi people to freely determine their own political future and control over their own natural resources, welcoming with satisfaction the commitment of all parties involved to support the creation of an environment in which Iraqis can do so as soon as possible and expressing the determination to make as close as possible the day when Iraqis rule themselves,

Encouraging the efforts of the Iraqi people to form a representative government based on the empire of law that guarantees equal rights and justice for all Iraqi citizens, without distinction of ethnicity, religion or gender and, in this respect, recalls Resolution 1325 (2000), October 31, 2000,

Welcoming the first initiatives of the Iraqi people in that matter and noting, in this regard, the April 15, 2003 Nasiryyah Declaration and the Baghdad Declaration of April 28, 2003,

Convinced that the United Nations should play vital role in humanitarian aid, the reconstruction of Iraq and the restoration and establishment of representative, local and national government institutions,

Noting the Declaration of April 12, 2003 of the Finance Ministers and Central Bank Governors of the Group of Seven Industrialized Nations in which the members recognized the need for a multilateral effort to assist in the reconstruction and development of Iraq and the assistance of the International Monetary Fund and the World Bank in these efforts,

Welcoming with satisfaction, too, the reinstatement of humanitarian assistance and the continued efforts of the Secretary-General and the specialized agencies to provide food and medicine to the people of Iraq,

Welcoming the designation by the Secretary-General of a Special Assessor for Iraq,

Affirming the need to be properly imputed the war crimes and atrocities committed by the previous regime in Iraq,

Highlighting the need for respect for the archaeological, historical, cultural and religious heritage of Iraq and for permanent protection if archaeological, historical, cultural and religious sites, museums, libraries and monuments,

Noting the letter of May 8, 2003 from the Permanent Representatives of the United States of America and the United Kingdom of Great Britain and Northern Ireland to the Chairman of the Security Council and recognizing the obligations, specific responsibilities and competencies, under the applicable international law, of these states as occupying powers, under unified command (the "Authority") ;

Noting, ademais, that other states that are not occupying powers are currently acting, or may in the future come to act, under the Authority,

Welcoming with satisfaction, ademais, the desire of the Member States to contribute to stability and security in Iraq by contributing personnel, equipment and other resources, under the Authority,

Concerned that many citizens of Kuwait and third party nationals remain missing since August 2, 1990,

Stating that the situation in Iraq, while improved, continues to pose a threat to international peace and security,

Upacting under Chapter VII of the United Nations Charter,

1. It calls on the relevant member states and organizations to assist the people of Iraq in their efforts to reform their institutions and rebuild their country, and to contribute to the conditions of stability and security in Iraq, according to this Resolution ;

2. Urges Member States in a position to do so to immediately meet the humanitarian appeal of the United Nations and other international organizations for Iraq and to assist in achieving humanitarian and other natures needs of the Iraqi people, providing food, medical supplies and resources needed for the reconstruction and rehabilitation of the Iraqi economic infrastructure ;

3. It calls on the Member States not to give shelter to those members of the previous Iraqi regime who are alleged to be responsible for crimes and atrocities and to give support to the actions to bring them to justice ;

4. Urges the Authority, in accordance with the Charter of the United Nations and other relevant standards of international law, to promote the well-being of the Iraqi people through the efficient administration of the territory, including, particularly, work towards of the restoration of the conditions of security and stability and the creation of conditions in which the Iraqi people can freely determine their own political future ;

5. Urges all concernants to comply with their obligations under international law, in particular the Geneva Conventions of 1949, and the Standards of The Hague, 1907 ;

6. Urges the Authority and relevant organizations and individuals to continue efforts to locate, identify and repatriate all Kuwaiti and national citizens of third states or their remains in Iraq since August 2. 1990, as well as the Kuwaiti archives by which the previous Iraqi regime refused to take responsibility, and in that respect, I instructed the High-Level Coordinator, in consultation with the International Committee of the Red Cross and the Commission Tripartite and with appropriate support of the Iraqi people and in coordination with the Authority, to take the necessary attitudes to discharge of their mandate with respect to the fate of Kuwaiti and nationals of third parties missing and of goods missing ;

7. Decides that all Member States should take appropriate action to facilitate the safe return to Iraqi institutions of Iraq's cultural property and other items of archaeological, historical, cultural, scientific and religious importance illegally removed from the National Museum of Iraq, the National Library and other places in Iraq since the adoption of Resolution 661 (1990) of August 6, 1990, including prohibiting the trade or transfer of such items, as well as magnified respect for which there is reasonable suspicion that they have been illegally removed, and urges UNICEF, Interpol and other international organizations, as appropriate, to assist in the implementation of this paragraph ;

8. Calls on the Secretary-General to indicate a Special Representative for Iraq whose independent responsibilities will regularly report to the Council on its activities under this Resolution, coordinate activities of the United Nations in the post-conflict processes in Iraq, to do coordination between the United Nations and international agencies engaged in humanitarian assistance and reconstruction activities in Iraq, and, in coordination with the Authority, to assist the people of Iraq by half of:

a. humanitarian coordination and reconstruction assistance by the United Nations agencies and between UN agencies and non-governmental organizations ;

b. promotion of the safe, orderly and voluntary return of refugees and displaced persons ;

c. intensive collaboration with the Authority, the people of Iraq and other concernings to push forward efforts to restore and establish representative, local and national government institutions, including collaboration to facilitate a process for the formation of a representative and internationally recognized Iraqi Government ;

d. facilitating the reconstruction of key infrastructure, in cooperation with other international organizations ;

and. promotion of economic reconstruction and the conditions for sustainable development, including through coordination with regional and national organizations, where appropriate, civil society, donors and financial institutions international ;

f. encouragement of international efforts to contribute to the basic functions of civil administration ;

g. promoting the protection of human rights ;

h. encouragement of international efforts to reconstruct the Iraqi civilian police force ;

i. and encouragement of international efforts parapromover judutial and legal reforms ;

9. Supports the formation, by the people of Iraq with the help of the Authority and collaborating with the Special Representative, of an Iraqi interim administration as traditional administration headed by Iraqis, until a recognized Government internationally and representative be established by the people of Iraq and assume the responsibilities of the Authority ;

10. It decides that, with the exception of the prohibition on the sale or supply of arms and military materials to Iraq other than those requested by the Authority to serve the purposes of this and other related resolutions, all the related prohibitions to trade with Iraq based on Resolution 661 (1990) and subsequent relevant resolutions, including Resolution 778 (1992) of October 2, 1992, are no longer in force.

11. Reaffirms that Iraq must comply with its disarmament obligations, it stimulates the United Kingdom of Great Britain and Northern Ireland and the United States of America to keep the Council informed of its activities in that respect and emphasizes the intention of the Council to review the mandates of the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC) and the International Atomic Energy Agency set out in Resolutions 687 (1991), April 3, 1991, 1248 (1999), 17 of December 1999, and 1441 (2002), of November 8, 2002 ;

12. Note the establishment of a Development Fund for Iraq to be managed by the Central Bank of Iraq and audited by independent public accountants approved by the International Board of Counseling and Monitoring of the Fund. Development for Iraq and awaits the upcoming meeting of the International Advisory and Monitoring Board, which must include among its members qualified representatives of the Secretary-General, the Fund Administrative Director Monetary International, from the Director General of the Arab Fund for Social and Economic Development and the President of the World Bank ;

13. Note, ademais, that the funds of the Development Fund for Iraq must be disbursed as per the guidance of the Authority, in consultation with the Iraqi interim administration, for the proposals set out in paragraph 14 below ;

14. It stresses that the Development Fund for Iraq must be used, in a transparent manner, to meet the humanitarian needs of the Iraqi people, to economically reconstruct Iraq and to repair the Iraqi infrastructure, to pursue the disarmament of Iraq, to shoulder the costs of the Iraqi civilian administration and for any other proposal for the benefit of the Iraqi people ;

15. Urges international financial institutions to provide assistance to the Iraqi people in the reconstruction and development of their economy and to facilitate the assistance by the donor community and welcomes the willingness of creditors, including those of the Paris Club, to find a solution to the problems of Iraqi sovereign debt ;

16. It also requires that the General Secretary, in coordination with the Authority, shall continue the exercise of its responsibilities under Security Council Resolution 1472 (2003), March 28, 2003, and 1476 (2003), of April 24, 2003, by a six-month period from the adoption of this resolution, and shut down within that period, in the most efficient manner possible, the ongoing operations of the Oil for Food Program, both at the level of the United Nations headquarters and on the ground, transferring the responsibilities of the administration from any remaining activity under the Program to the Authority, including the adoption of the following necessary measures:

a. facilitate, as soon as possible, the transport and authenticated delivery of priority civilian goods identified by the Secretary-General and representatives designated by him, in coordination with the Authority and with the Iraqi interim administration, approved and financed on the basis of contracts previously concluded by the previous Government of Iraq, including, as necessary, the negotiation of adjustments in terms or conditions of such contracts and their letters of credit as defined in paragraph 4 (d) of the Resolution 1472 (2003) ;

b. review, in the light of circumstantial changes, in coordination with the Authority and with the Iraqi interim administration, the relative usefulness of each approved and funded contract, in order to determine whether such contracts contain items requested for meet the needs of the Iraqi people both at the moment and during reconstruction and postpone arrangements regarding contracts that are determined to be of questionable usefulness and their letters of credit until an Iraqi Government representative and recognized internationally is in a position to make their own determination as to whether such contracts should be fulfilled ;

c. provide to the Security Council, within 21 days, from the adoption of this Resolution, for the review and consideration of the Security Council, an estimated operating budget, based on the already allocated fund, in the established accounting of agreement with paragraph 8 (d) of resolution 986 (1995) of April 14, 1995, which identifies:

I. all costs known and designed for the United Nations, requested to ensure the operation of the activities associated with the implementation of this Resolution, including administrative and operational expenses, linked to relevant agencies and programmes of the United Nations responsible for implementing the Programme both at the United Nations headquarters and on the ground ;

II. all known and projected costs associated with the termination of the Program ;

III. all known and projected costs associated with the restoration funds of the Government of Iraq that have been provided by the Member States to the Secretary General as requested in paragraph 1 of resolution 778 (1992) ; and

IV. all known and projected costs associated with the Special Representative and the qualified representative of the Secretary-General chosen to serve in the International Board of Counseling and Monitoring, for a defined six-month period above, after what, these costs must be assumed by the United Nations ;

d. to consolidate into a single fund the accounting established in accordance with paragraph 8 (a) and 8 (b) of Resolution 986 (1995) ;

and. meet all remaining obligations regarding the termination of the Program, including by negotiating, in the most efficient manner possible, any adjustment payment, which shall be made with the amount of the accounts set out in accordance with the paragraph 8 (a) and 8 (b) of resolution 986 (1995), with the parties which previously assumed contractual obligations with the General Secretary under the Programme and to determine, in coordination with the Authority and with the Iraqi interim administration, the future status of contracts assumed by the United Nations agencies concerning the accounts established in accordance with paragraph 8 (b) and 8 (d) of Resolution 986 (1995) ;

f. provide the Security Council, within 30 days from the termination of the Program, a comprehensive strategy, developed in strict coordination with the Authority and the Iraqi interim administration, which will lead to the delivery of all relevant documentation and the transfer of all operational responsibility of the Program to the Authority ;

17. It requires, ademais, that the Secretary-General transfer, as soon as possible, to the Development Fund for Iraq US$ 1 billion billion U.S. dollars referring to uncommitted resources in the accounts established in accordance with the paragraphs 8 (a) and 8 (b) of resolution 986 (1995), return the funds of the Iraqi Government provided by Member States to the Secretary-General, as requested in paragraph 1º of resolution 778 (1992), and decides that, after deduction of all costs relevant to the United Nations associated with the transport of contracts authorized by the Program mentioned in paragraph 16 (c) above, including residual obligations, all additional resources of the collateral accounts established in accordance with the paragraphs 8 (a), 8 (b), and 8 (f) of Resolution 986 (1995) shall be transferred, as soon as possible, to the Development Fund for Iraq ;

18. Decides to put an end, on the date of the entry into force of this Resolution, to the tasks of the Secretary-General relating to the observation and monitoring of activities undertaken by the Programme, including the monitoring of oil exports and their derivatives from Iraq ;

19. Decides to extinguish the Committee set up in accordance with paragraph 6º of resolution 661 (1990), the 6-month deadline mentioned in paragraph 16 above, above, and decides, ademais, that the Committee shall identify individuals and entities mentioned in the paragraph 23, below ;

20. Decides that all oil export operations, their derivatives and natural gas carried out from Iraq after the date of the approval of this Resolution must comply with the best practices prevailing in the international market, they must be audited by independent public accountants who are expected to report to the International Counselling and Monitoring Board of the Development Fund for Iraq mentioned in paragraph 12 above in order to ensure transparency, and decides, yet, that, except in the hypothesis provided for in paragraph 21, below, the whole product obtained in the said sales shall be deposited in the Development Fund for Iraq until the time a representative and recognized Government internationally of Iraq be constituted ;

21. Decides, ademais, that 5% (per cent) of the proceeds of the transactions mentioned in paragraph 20, above, shall be deposited in the Compensation Fund established in accordance with Resolution 687 (1991) and the relevant subsequent Resolutions, as well as whereas, unless a representative and internationally recognized Government of Iraq is constituted and the Board of Director of the United Nations Compensation Commission, in the exercise of its mandate on the methods designed to ensure that the payments are made to the Compensation Fund, decide on a diverse manner, that requirement must be mandatory for a representative and internationally recognized Government of Iraq proper or any entity that succeeds it ;

22. Noting the relevance of the establishment of a representative and internationally recognized government of Iraq and the desirability of the immediate termination of the restructuring of Iraq's debt as mentioned in paragraph 15 above, decides, ademais, which until December 31, 2007, unless the United Nations Security Council decides otherwise, oil, its derivatives and natural gas coming from Iraq must be immune, until the title is transferred to the buyer initial, legal actions and are not subject to any forms of kidnapping, arrest or execution, and that all States must take all necessary measures in accordance with their respective national legal ordinances to ensure compliance with this protection, and that the products and obligations arising from the sales mentioned earlier, as well as the Development Fund for Iraq must enjoy the privileges and immunities equivalent to those enjoyed by the United Nations. The aforementioned privileges and immunities shall not apply, however, in the legal proceedings in which recourse to such products and obligations is necessary for the compensation of damages arising from accidents related to accidents ecological, including oil spill, which will come to occur from the entry into force of this Resolution ;

23. It decides that all Member States in the territory of which they exist:

a. funds or other financial assets or economic resources of the former Government of Iraq or its state assets, companies or agencies, located outside of Iraq, as of the entry into force of this Resolution, or ;

b. funds or other financial assets or economic resources that have been withdrawn from Iraq, or acquired, by Saddam Hussein or other senior officials of the former Iraqi regime and by the closest members of their families, including entities owned or controlled, directly or indirectly, by them or by persons acting in their favor or under their direction ;

should freeze, without delay, those funds or financial assets or economic resources, unless these funds, or other financial assets or economic resources are directly subject to process or judicial gravel, administrative or arbitral, and transfer them immediately to the Development Fund for Iraq, being understood that, unless in cases where there is provision in a diverse sense, complaints made by individuals on a personal basis, or non-governmental entities in relation to the said funds transferred or other financial assets may be submitted in the face of the representative and internationally recognized Government of Iraq ; and decides, ademais, that the said funds and other financial assets and economic resources must enjoy the same privileges, immunities, and protections provided for in paragraph 22, above ;

24. Calls on the Secretary-General to inform the Security Council at regular intervals on the progress of the Special Representative's work on the implementation of this Resolution, as well as on what tange the work of the International Joint Counseling and Monitoring and encourages the United Kingdom of Great Britain and Northern Ireland and the United States of America to inform the Security Council at regular intervals regarding their efforts under the framework of this Resolution ;

25. Decides to review the implementation of this Resolution elapsed within 12 months from the date of its adoption and to examine the adoption of any additional steps that will come to prove necessary ;

26. Urges the Member States and international and regional organizations to contribute to the implementation of this Resoluti

27. Decides to keep the matter under your consideration.