SECURITY COUNCIL COMMITTEE ISSUES GUIDELINES TO IDENTIFY INDIVIDUALS, ENTITIES WHOSE FINANCIAL ASSETS SHOULD BE TRANSFERRED TO IRAQ DEVELOPMENT FUND

SECURITY COUNCIL COMMITTEE ISSUES GUIDELINES TO IDENTIFY INDIVIDUALS, ENTITIES

WHOSE FINANCIAL ASSETS SHOULD BE TRANSFERRED TO IRAQ DEVELOPMENT FUND

The Security Council Committee established by resolution 661 (1990) concerning the situation between Iraq and Kuwait on 11 June 2003 adopted the following guidelines for the application of paragraphs 19 and 23 of resolution 1483 (2003).

[Paragraph 19 of resolution 1483 (2003) states that the Committee shall identify individuals and entities referred to in paragraph 23 of the same resolution.  Paragraph 23 states that all Member States in which there are:  (a) funds or other financial assets or economic resources of the previous Government of Iraq or its State bodies, corporations, or agencies, located outside Iraq as of the date 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 their immediate family members, including entities owned or controlled, directly or indirectly, by them or by persons acting on their behalf or at their direction, shall freeze without delay those funds or other financial assets or economic resources and, unless these funds or other financial assets or economic resources are themselves the subject of a prior judicial, administrative, or arbitral lien or judgement, immediately cause their transfer to the Development Fund for Iraq.]

GUIDELINES FOR THE APPLICATION OF PARAGRAPHS 19 AND 23 OF RESOLUTION 1483 (2003)

Pursuant to paragraph 19 of resolution 1483 (2003), the 661 Committee shall identify individuals and entities referred to in paragraph 23 of the same resolution.  To facilitate the work of the Committee in that regard, the following procedural guidelines are hereby adopted:

1.    Lists of individuals and entities referred to in paragraphs 19 and 23

of resolution 1483 (2003)

(a)   The Committee will identify the individuals and entities referred to in paragraphs 19 and 23 of resolution 1483 (2003) when it receives relevant information;

(b)   The names of individuals and entities proposed for identification should be accompanied by, to the extent possible, a narrative description of the information that forms the basis or justification for taking action pursuant to resolution 1483 (2003);

(c)   The names of individuals and entities proposed for identification should be accompanied by, to the extent possible, relevant and specific information to facilitate their identification by competent authorities:

--    For individuals:  name (both in Arabic and English), date of birth, place of birth, nationality, aliases, residence, passport or travel document number, professional or functional title;

--    For groups, undertakings or entities:  name, acronyms, address, headquarters, subsidiaries, affiliates, fronts, nature of business or activity, leadership;

(d)   The Committee will consider expeditiously requests to update the list to be provided through Members States, on the basis of relevant information received by the Committee;

(e)   Any modification to the list will be communicated to the Member States immediately.  The updated list will be made promptly available on the Web pages of the Committee.

2.    Decision-making

(a)            With regard to paragraphs 19 and 23 of resolution 1483 (2003), the Committee will reach decisions by consensus.  If consensus cannot be reached, the Chairman should undertake such further consultations as may facilitate agreement.  If after these consultations, consensus still cannot be reached, the matter may be submitted to the Security Council.  Given the specific nature of the information, the Chairman may encourage bilateral exchanges between interested Member States in order to clarify the issue prior to a decision;

(b)   Where the Committee agrees, decisions may be taken by a written procedure.  In such cases, the Chairman will circulate to all members of the Committee the proposed decision of the Committee, under the “no-objection” procedure within a three working-days deadline.  If no objection is received within such a period, the decision will be deemed adopted.

3.    Delisting

The Committee intends to consider establishing additional guidelines on delisting as soon as possible following the adoption of these guidelines.

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