Decree No. 4775, Of 9 July 2003

Original Language Title: Decreto nº 4.775, de 9 de Julho de 2003

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Decree No. 4775, of 9 JULY 2003.
Adopts provisions concerning the performance in the national territory of Resolution 1483 of 22 May 2003, of the United Nations Security Council, which modifies the system of sanctions against Iraq, the VICE PRESIDENT of the REPUBLIC, the Office of the President of the Republic, using the allocation that gives the art. 84, section IV, of the Constitution, in accordance with article 25 of the UN Charter, promulgated by Decree No. 19841, October 22 1945, and considering the adoption, on 22 May 2003, of Resolution 1483 of the UN Security Council;
DECREES: Art. first Are the Brazilian authorities obliged, within the scope of their respective duties, the fulfilment of the provisions of Resolution 1483 (2003), adopted by the United Nations Security Council on 22 May 2003, attached to this Decree.
Art. 2 remains in effect a ban on the sale or supply to Iraq of arms or related materials, except for arms and related material required by the authority for the purposes of Resolution 1483 (2003) and other resolutions, pursuant to paragraph 10 of the attached resolution.
Art. 3 Are repealed the Decree on August 7, 99441 of 1990, without number, of 21 May 1991, and number, of 5 May 1997.
Art. 4 this Decree shall enter into force on the date of its publication.
Brasília, 9 July 2003; 182 of independence and 115 of the Republic.
JOSÉ ALENCAR GOMES DA SILVA Celso Luiz Nunes Amorim, the Security Council, Recalling all previous relevant Resolutions, reaffirming the sovereignty and territorial integrity of Iraq, Reaffirming the importance of the disarmament of weapons of mass destruction from Iraq and the possible confirmation that Iraq's disarmament, Emphasizing the right of the Iraqi people to freely determine their own political future and control their own natural resources , welcoming the commitment of all parties to support the creation of an environment in which Iraqis can do it as soon as possible and expressing determination to make as close as possible to the day that Iraqis govern themselves, Encouraging the efforts of the Iraqi people to form a representative government based on the rule of law that guarantees equal rights and justice to all Iraqi citizens irrespective of ethnicity, religion or gender, and, in this regard, recalls the resolution 1325 (2000) of 31 October 2000, welcoming the first initiatives of the Iraqi people in this matter and noting, in this respect, the Declaration of Nasiryyah, of 15 April 2003, and the Declaration of Baghdad, 28 April 2003, convinced that the United Nations should play a vital role in humanitarian aid , in the reconstruction of Iraq and the restoration and establishment of institutions of representative Government, national and local, noting the Declaration of 12 April 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 assistance from the International Monetary Fund and the World Bank in these efforts , welcoming the resumption of humanitarian assistance and the continuing efforts of the Secretary-General and the specialized agencies to provide food and medicines to the people of Iraq, welcoming the designation by the Secretary-General of a Special Adviser for Iraq, affirming the need to be properly charged war crimes and atrocities committed by the previous regime of Iraq , stressing the need for respect for the archaeological, historical, cultural heritage and the religious and the permanent protection if Iraq archaeological sites, historical, cultural and religious, museums, libraries and monuments, noting the letter of 8 May 2003 from the permanent representatives of the United States of America and the United Kingdom of Great Britain and Northern Ireland to the President of the Security Council and recognizing the obligations , specific responsibilities and powers, under applicable international law of these States as occupying powers under unified command (the "authority");
Noting, Furthermore, that other States are not powers occupants are working currently, or may in the future come to act, under the authority, welcoming, Furthermore, the desire of Member States to contribute to stability and security in Iraq by contributing personnel, equipment and other resources, under the authority, Concerned with that many Kuwaiti citizens and nationals of third countries remain unaccounted for since 2 August 1990 stating that the situation in Iraq, although improved, continues to constitute a threat to international peace and security, Acting under Chapter VII of the Charter of the United Nations, 1. Calls on the Member States and relevant organizations to assist the people of Iraq in their efforts to reform their institutions and rebuild their country, and to contribute to conditions of stability and security in Iraq, in accordance with this resolution;
2. Urges Member States in a position to do so to meet the humanitarian appeal of the United Nations and other international organizations for Iraq and to help in getting the humanitarian needs and other natures of the Iraqi people, by providing food, medical supplies and resources necessary for reconstruction and rehabilitation of Iraq's economic infrastructure;
3. calls on the Member States not to give shelter to those members of the previous Iraqi regime who allegedly are responsible for crimes and atrocities and to support actions to bring them to justice;
4. Calls upon the authority, in accordance with the Charter of the United Nations and other relevant rules of international law, to promote the welfare of the Iraqi people through the effective administration of the territory, including in particular working towards the restoration of 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 concerned to fulfil their obligations under international law, in particular the Geneva Conventions of 1949 and the Hague Regulations of 1907;
6. Calls upon the relevant organizations and individuals and Authority to make further efforts to locate, identify and repatriate all Kuwaiti citizens and nationals of third States or their remains in Iraq since 2 August 1990, as well as the Kuwaiti files for which the previous Iraqi regime refused to take responsibility, and, in this regard, instructs the high-level Coordinator in consultation with the International Committee of the Red Cross and the Tripartite Commission and with the proper support of the Iraqi people and in coordination with the authority, to take the actions necessary to carry out its mandate with respect to the fate of Kuwaitis and third-country missing nationals and missing goods;
7. Decides that all States shall take the appropriate measures to facilitate the safe return to Iraqi institutions of Iraq's cultural property and other items of archaeological, historical, cultural significance, religious and scientific illegally removed from the Iraq National Museum, the National Library and other locations in Iraq since the adoption of Resolution 661 (1990) of 6 August 1990 , including banning the trade in or transfer of such items, as well as items about which there is reasonable suspicion that they have been illegally removed, and calls upon UNICEF, Interpol and other international organizations, as appropriate, to assist in the implementation of this paragraph;
8. Requests the Secretary-General to appoint a Special Representative for Iraq whose independent responsibilities shall report regularly to the Council on his activities under this resolution, coordinating activities of the United Nations in post-conflict processes in Iraq, coordinating among United Nations and international agencies engaged in humanitarian assistance and reconstruction activities in Iraq, and, in coordination with the authority , assist the people of Iraq through: a. coordinating humanitarian and reconstruction assistance by United Nations agencies and between United Nations agencies and non-governmental organizations;
b. promotion of safe, orderly and voluntary return of refugees and displaced persons;
c. intense collaboration with the authority, the people of Iraq and others concerned to carry forward efforts to restore and establish representative government institutions, national and local, including cooperation to facilitate a process for the formation of an Iraqi Government representative and internationally recognized;
d. facilitating the reconstruction of key infrastructure, in cooperation with other international organizations;

e. economic reconstruction and promotion of conditions for sustainable development, including through coordination with national and regional organizations, as appropriate, civil society, donors and the international financial institutions;
f. encouraging international efforts to contribute to basic civilian administration functions;
g. promotion of the protection of human rights;
h. encouraging international efforts to rebuild the Iraqi civilian police force;
i. and encouragement of international efforts ' network to advocate juduciais and legal reforms;
9. Supports the formation, by the people of Iraq with the help of the authority and working with the Special Representative, of an Iraqi interim administration as traditional administration run by Iraqis, until an internationally recognized Government and representative is established by the people of Iraq and assume the responsibilities of the authority;
10. Decides that, with the exception of the prohibition on the sale or supply of arms and military material to Iraq than those required by the authority to serve the purposes of this and other related resolutions, all prohibitions related to trade with Iraq based on Resolution 661 (1990) and subsequent relevant resolutions, including Resolution 778 (1992) of 2 October 1992 , are no longer in force.
11. Reaffirms that Iraq must meet its disarmament obligations, encourages the United Kingdom of Great Britain and Northern Ireland and the United States of America to keep the Council informed of their activities in this regard and emphasizes the intention of the Council to review the mandates of the Commission on monitoring, Verification and inspection (UNMOVIC) and the International Atomic Energy Agency set forth in resolutions 687 (1991) , of 3 April 1991, 1248 (1999) of 17 December 1999, and 1441 (2002) of 8 November 2002;
12. Notes 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 Advisory and Monitoring Board of the Development Fund for Iraq and looks forward to carrying out close to meeting international advice and monitoring, which should include among its members representatives of the Secretary-General qualified , the Managing Director of the International Monetary Fund, the Director-General of the Arab Fund for Social and economic development and the President of the World Bank;
13. Notes, Furthermore, that the funds from the Development Fund for Iraq shall be disbursed according to the orientation of the authority, in consultation with the Iraqi interim administration, for the proposals set out in paragraph 14 below;
14. Emphasizes that the Development Fund for Iraq shall be used in a transparent manner to meet the humanitarian needs of the Iraqi people, to rebuild Iraq economically and repair Iraqi infrastructure, to continue the disarmament of Iraq, to afford the costs of Iraqi civilian administration and to any other proposal for the benefit of the Iraqi people;
15. Urges the international financial institutions to provide assistance to the Iraqi people on reconstruction and development of their economy and to facilitate assistance by the donor community, and welcomes the willingness of creditors, including those of the Paris Club, to find a solution to Iraq's sovereign debt problems;
16. Requires that the Secretary-general, in coordination with the authority, continue the exercise of his responsibilities under Security Council resolution 1472 (2003) of 28 March 2003 and 1476 (2003) of 24 April 2003, for a period of six months from the adoption of this resolution, and to terminate within that period, the most efficient way possible ongoing operations of the Oil-for-Food Program, both at the level of the United Nations Headquarters and in the field, transferring the responsibilities of the administration of any remaining activity under the programme to the authority, including the adoption of the following measures: a. facilitate, as soon as possible, the transport and delivery of priority civilian goods certified as identified by the Secretary-General and representatives designated by him in coordination with the authority and the Iraqi interim administration, approved and funded on the basis of previously concluded contracts by the previous Government of Iraq, including, as necessary, the negotiation of adjustments in the terms or conditions of such contracts and respective letters of credit as defined in paragraph 4 (d) of Resolution 1472 (2003);
b. review, in the light of changing circumstances, in coordination with the authority and the Iraqi interim administration, the relative utility of each contract approved and funded, in order to determine whether such agreements contain items required to meet the needs of the Iraqi people both at the time as during reconstruction and postpone action regarding contracts which is established be questionable utility and the respective letters of credit until an Iraqi Government representative and internationally recognized be in a position to make their own determination as to whether such contracts must be fulfilled;
c. provide the Security Council within 21 days from the adoption of this resolution, to the review and consideration of the Security Council, an estimated operating budget based on the Fund has allocated, in accounts established in accordance with paragraph 8 (d) of resolution 986 (1995) of 14 April 1995, identifying: (I) all known and projected costs to the United Nations , required to ensure the functioning of the activities associated with the implementation of the present resolution, including operating and administrative expenses, related agencies and relevant programmes of the United Nations responsible for the implementation of the programme both at United Nations Headquarters and in the field;
II. all known and projected costs associated with termination of the program;
III. all known and projected costs associated with restoring funds from the Government of Iraq that were provided by 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 on the International Advisory and Monitoring Board, for a period of six months set up, after what, these costs should be assumed by the United Nations;
d. consolidate in a single accounting Fund established in accordance with paragraph 8 (a) and 8 (b) of Resolution 986 (1995);
and satisfy all remaining obligations related to the termination of the program, including negotiating, as efficiently as possible, any pay adjustment, which should be done with the amount of accounts established in accordance with paragraph 8 (a) and 8 (b) of Resolution 986 (1995), with the parties that previously assumed contractual obligations with the Secretary-general under the program and determine in coordination with the authority and the Iraqi interim administration, the future status of contracts undertaken by United Nations agencies relating to accounts established in accordance with paragraph 8 (b) and 8 (d) of Resolution 986 (1995);
f. provide to the Security Council, in 30 days from the end of the program, a comprehensive strategy, developed in strict coordination with the authority and the Iraqi interim administration, which lead to the delivery of all relevant documentation and the transfer of all operational responsibility of the programme to the authority;
17. calls, Furthermore, that the Secretary-General transfer, as soon as possible, to the Development Fund for Iraq $ 1 billion u.s. dollars for non-committed resources in the accounts established pursuant to paragraphs 8 (a) and 8 (b) of Resolution 986 (1995), return the Iraqi Government funds provided by Member States to the Secretary-General as requested in paragraph 1 of Resolution 778 (1992) , and decides that, after minus any relevant United Nations costs associated with transport contracts authorized by the Program mentioned in paragraph 16 (c), above, including residual obligations, all additional features of deposit accounts established pursuant to paragraphs 8 (a), 8 (b), and 8 (f) of Resolution 986 (1995) should be transferred as soon as possible , to the Development Fund for Iraq;
18. Decides to put an end, on the date of entry into force of this resolution, the tasks of the Secretary-General related to the observation and monitoring activities undertaken by the program, including the monitoring of exports of oil and derivatives from Iraq;
19. Decides to extinguish the Committee established in accordance with paragraph 6 of Resolution 661 (1990), within 6 months mentioned in paragraph 16, above, and decides further that the Committee shall identify individuals and entities referred to in paragraph 23 below;

20. Decides that all export operations of oil, its derivatives and natural gas made from Iraq following the date of adoption of this resolution shall be in accordance with the prevailing international market best practices, must be audited by independent public accountants shall report to the International Advisory and Monitoring Board of the Development Fund for Iraq mentioned in paragraph 12 , above, in order to ensure transparency, and decides further that, except in the case provided for in paragraph 21 below, all the product obtained in these sales must be deposited in the Development Fund for Iraq until such time as an internationally recognized representative Government of Iraq is formed;
21. Decides further that 5% (per 100) of the product of the transactions referred to in paragraph 20 above shall be deposited into the compensation fund established in accordance with resolution 687 (1991) and subsequent relevant resolutions and that, unless an internationally recognized representative Government of Iraq is formed and the Board of the United Nations Compensation Commission in the exercise of his mandate on methods for ensuring that payments are made into the compensation fund, decide otherwise, this requirement should be mandatory for a representative Government and internationally recognized Iraq's properly constituted or any entity to take your place;
22. Noting the importance of the establishment of an internationally recognized representative Government of Iraq and the desirability of the immediate completion of restructuring of Iraq's debt, as mentioned in paragraph 15, above, decide that until 31 December 2007, unless the UN Security Council decides otherwise, oil, its derivatives and natural gas from Iraq should be immune until the title is transferred to the initial purchaser, from lawsuits and are not subject to any forms of kidnapping, arrest or execution, and that all States shall take all necessary measures in accordance with their respective national legal systems to ensure such protection, and that the products and sales obligations mentioned above, as well as the Development Fund for Iraq shall enjoy the privileges and immunities equivalent to those enjoyed by Nations Attached. The mentioned privileges and immunities shall not apply, however, in court cases in which the use of such products and obligations are necessary for the compensation of losses arising from damages related to environmental accidents, including oil spill, which will take place from the entry into force of this resolution;
23. Decides that all Member States in the territory of which there are: a. funds or other financial assets or economic resources of the previous Government of Iraq or its State-owned entities, companies or agencies, located outside Iraq, as from the entry into force of this resolution, or;
b. funds or other financial assets or economic resources that have been removed from Iraq, or acquired, by Saddam Hussein or other senior officials of the former Iraqi regime and members closer to their families, including entities owned or controlled, directly or indirectly, by them or by persons acting on his behalf or under his direction;
shall freeze without delay those funds or financial assets or economic resources, unless these funds or other financial assets or economic resources are directly process object or judicial, administrative or arbitral lien, and transfer them immediately to the Development Fund for Iraq, it being understood that, except in cases where there is no provision otherwise , complaints made by individuals in a personal capacity, or non-governmental entities in relation to such funds or other financial assets may be presented on the face of the internationally recognized representative Government of Iraq; and decides that such funds and other financial assets and economic resources shall enjoy the same privileges, immunities and protections as provided for in paragraph 22 above;
24. Requests the Secretary-General to report to the Security Council at regular intervals on the progress of the work of the Special Representative concerning the implementation of this resolution, as well as with regard to the work of the International Advisory and Monitoring Board 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 about their efforts under the framework of this resolution;
25. Decides to review the implementation of this resolution within 12 months from the date of its adoption and examine the adoption of any additional steps that might prove necessary;
26. Urges Member States and international and regional organizations to contribute to the implementation of this resolution;
27. Decides to keep the matter under its consideration.

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