Recalling
its previous relevant resolutions on Iraq, in particular
resolutions 1483 (2003) and 1511 (2003),
Reaffirming
the sovereignty and territorial integrity of Iraq,
Recognizing
the importance of international support, particularly that of
countries in the region, Iraq's neighbors and regional
organizations, for the people of Iraq in their efforts to
achieve security and prosperity,
Determined
to mark a new phase in Iraq's transition to a democratically
elected government, and looking forward, to this end, to the end
of the occupation and the assumption of authority by a sovereign
Interim Government of Iraq by 30 June 2004,
Welcoming
the ongoing efforts of the Special Adviser to the
Secretary-General to assist the people of Iraq in achieving the
formation of a sovereign Interim Government of Iraq,
Welcoming
the progress made in implementing the arrangements for Iraq's
political transition referred to in resolution 1511 (2003),
Affirming
the importance of the principles of rule of law, including
respect for human rights and fundamental freedoms, and of
democracy, including free and fair elections.
Recalling
the establishment of the United Nations Assistance Mission for
Iraq (UNAMI) on 15 August 2003, and determined that the United
Nations should play a leading role in assisting the Iraqi people
in the formation of institutions for representative government,
Recognizing
that international support for restoration of stability and
security is essential to the well-bring of the people of Iraq as
well as to the ability of all concerned to carry out their work
on behalf of the people of Iraq, and welcoming Member State
contribution in this regard under resolution 1483 (2003) of 22
May 2003 and resolution 1511 (2003) of 16 October 2003,
Recalling
the report provided to the Security Council on 16 April 2004
under resolution 1511 (2003) on the efforts and progress made by
the multinational force authorized under that resolution,
welcoming the willingness of the multinational force to continue
efforts to contribute to the maintenance of security and
stability in Iraq in support of the political transition,
especially for upcoming elections, and to provide security for
the UN presence in Iraq, as further described in the letter to
the President of the Security Council and recognizing the
importance of the consent of the sovereign government of Iraq
for the presence of the multinational force and of close
coordination between the multinational force and that
government,
Noting
that the multinational force will operate in accordance with
generally accepted principles of international law and cooperate
with relevant international organizations,
Affirming
the importance of international assistance in reconstruction and
development of the Iraqi economy,
Recognizing
the benefits to Iraq of the immunities and privileges enjoyed by
Iraqi oil revenues and by the Development Fund for Iraq, and
noting the importance of providing for continued disbursements
of this fund by the Interim Government of Iraq and its
successors upon dissolution of the Coalition Provisional
Authority,
Determining
that the situation in Iraq continues to constitute a threat to
international peace and security,
Acting
under Chapter VII of the Charter of the United Nations,
1.
Endorses the formation of a sovereign Interim Government of Iraq
that will take office by 30 June 2004;
2.
Welcomes the commitment of the occupying powers to end the
occupation by 30 June 2003, at which time the Coalition
Provisional Authority will cease to exist and the Interim
Government of Iraq will assume responsibility and authority for
governing a sovereign Iraq;
3.
Endorses the proposed timetable for Iraq's political transition
to democratic government, including:
a.
formation of a sovereign Interim Government of Iraq that will
assume governing authority by 30 June 2004:
b.
convening of a national conference; and
c.
holding of direct democratic elections by 31 December 2004 if
possible, and in no case later than 31 January 2005, to a
Transitional National Assembly which will, inter alia, have
responsibility for drafting a permanent constitution for Iraq
under which democratic elections to a national government will
be held;
4.
Calls on all Iraqis to implement these arrangements peaceably
and in full, and on all States and relevant organizations to
support such implementation;
5.
Decides that, in implementing its mandate to assist the Iraqi
people, the Special Representative of the Secretary General and
the United Nations Assistance Mission for Iraq (UNAMI)
a.
shall in particular:
i.
assist in the convening, no later than XX XX 2004, of a national
conference to select a Consultative Council;
ii.
advise and support the Interim Government of Iraq and the
Transitional National Assembly, as required, on the process for
holding elections;
iii.
promote national dialogue and consensus-building on the drafting
of a national constitution by the people of Iraq; and
b.
shall as circumstances permit:
i.
advise the Interim Government of Iraq in the development of
effective civil and social services;
ii.
contribute to the coordination and delivery of reconstruction,
development and humanitarian assistance;
iii.
promote the protection of human rights, national reconciliation,
and judicial and legal reform in order to strengthen the rule of
law in Iraq; and
iv.
advise and assist the Interim Government of Iraq on initial
planning for the eventual conduct of a comprehensive census;
6.
Reaffirms the authorization for the multinational force under
unified command established under resolution 1511 (2003), having
regard to the letter referred to in preambular paragraph 10
above, decides that the multinational force shall have authority
to take all necessary measures to contribute to the maintenance
of security and stability in Iraq including by preventing and
deterring terrorism, so that inter alia the United Nations can
fulfill its role in assisting the Iraqi people as outlined in
paragraph five above and the Iraqi people can implement freely
and without intimidation the timetable and program for the
political process and benefit from reconstruction and
rehabilitation activities, and decides further that the mandate
for the multinational force shall be reviewed 12 months from the
date of this resolution or at the request of the Transitional
Government of Iraq;
7.
Notes the creation by the multinational force of a distinct
entity within the multinational force and under its unified
command with a dedicated mission to provide security for the UN
presence in Iraq and requests Member State and relevant
organizations to provide resources to support that entity;
8.
Recognizes that the multinational force will also assist in
building the capability of the Iraqi security forces and
institutions, through a program of recruitment, training,
equipping, mentoring and monitoring, to enable the Iraqi forces
progressively to play a greater role in creating conditions of
security and stability in Iraq and welcomes in that regard the
arrangements that are being put in place to establish a
partnership between the multinational force and the sovereign
Interim Government of Iraq and to ensure coordination between
the two;
9.
Requests Member States and international and regional security
organizations to contribute assistance to the multinational
force, including military forces, to help meet the needs of the
Iraqi people for security and stability, humanitarian and
reconstruction assistance, and to support the efforts of UNAMI;
10.
Emphasizes the importance of developing effective Iraqi police,
border enforcement and Facilities Protection Service for the
maintenance of law, order, and security, including combating
terrorism and requests Member States and international
organizations to assist the Interim Government of Iraq in
building the capability of these Iraqi institutions;
11.
Condemns all acts of terrorism in Iraq, and decides that, in
accordance with their obligations under resolutions 1373 (2001),
1267 (1999), 1333 (2000), 1390 (2002), 1455 (2003) and 1526
(2004) and with other relevant international obligations, all
States shall take immediate and necessary steps, inter alia, to
freeze funds and other financial assets or economic resources of
relevant individuals and entities, to prevent the entry into or
transit through their territories of relevant individuals, to
prevent the direct or indirect supply, sale or transfer of arms
and related material to relevant individuals and entities, to
refrain from providing any form of support, active or passive,
to relevant individuals or entities, to prevent individuals and
entities from using their respective territories for the purpose
of financing, planning, facilitating or committing terrorist
acts against Iraq or its citizens, and to ensure that such
individuals are brought to justice;
12.
Welcomes efforts by Member States to support the Interim
Government of Iraq through the provision of technical and expert
assistance;
13.
Decides that the prohibitions related to the sale or supply to
Iraq of arms and related materiel under previous resolutions
shall not apply to arms or related materiel required by the
multinational force or the sovereign government of Iraq to serve
the purpose of this resolution, calls upon the multinational
force and the sovereign government of Iraq each to ensure
appropriate implementation procedures are in place, and stresses
the importance for all States, particularly Iraq's neighbors, to
strictly abide by them;
14.
Reiterates its request that Member States, international
financial institutions and other organizations strengthen their
efforts to assist the people of Iraq in the reconstruction and
development of the Iraqi economy, including by providing
international experts and necessary resources through a
coordinated program of donor assistance;
15.
Notes that upon dissolution of the Coalition Provisional
Authority that funds in the Development Fund for Iraq shall be
disbursed at the direction of the Interim Government of Iraq and
its successors, and decides that the Development Fund for Iraq
shall be utilized in a transparent manner and through the Iraqi
budget including to satisfy outstanding obligations against the
Development Fund for Iraq, that the arrangements for the
depositing of proceeds from export sales of petroleum, petroleum
products, and natural gas and its products established in
paragraph 20 of resolution 1483 (2003) shall continue to apply,
that the International Advisory and Monitoring Board referred to
in resolution 1483 (2003) shall continue its activities in
monitoring the Development Fund for Iraq and shall include as an
additional member a duly qualified representative of the
sovereign government of Iraq, and that the provisions above
shall be reviewed no later than 12 months from the date of this
resolution or at the request of the Transitional Government of
Iraq, and that appropriate arrangements shall be made for the
continuation of deposits of the proceeds referred to in
paragraph 21 of resolution 1483 (2003);
16.
Decides that in connection with the dissolution o the Coalition
of Provisional Authority, the Interim Government of Iraq and its
successors shall assume the rights, responsibilities and
obligations relating to the Oil for Food Programme that were
transferred to the Authority pursuant to Resolution 1483 (2003),
including all operational responsibility for the Programme and
any obligations undertaken by the Authority in connection with
such responsibility, and responsibility for ensuring
independently authenticated confirmation that goods have been
delivered, and further decides that, following a 120 day
transition period, the Interim Government of Iraq and its
successors shall assume responsibility for certifying delivery
of goods under contracts prioritized in accordance with that
resolution, and that such certification shall be deemed to
constitute the independent authentication required for the
release of funds associated with such contracts;
17.
Further decides that the provision of paragraph 22 of resolution
1483 (2003) shall continue to apply, except that the privileges
and immunities provided in that paragraph shall not apply with
respect to any claim arising out of an obligation entered into
by Iraq after 30 June 2004;
18.
Welcomes the commitment of creditors, including those of the
Paris Club, to identify ways to reduce substantially Iraq's
sovereign debt, urges the international financial institutions
and bilateral donors to take immediate steps to provide their
full range of loans and other financial assistance to Iraq,
recognizes that the Interim Government of Iraq has the authority
to conclude and implement such agreements as may be necessary in
this regard, and requests creditors, institutions and donors to
work as a priority on these matters with the Interim Government
of Iraq;
19.
Recalls the continuing obligation of Member States to freeze and
transfer certain funds, assets and economic resources to the
Development Fund for Iraq in accordance with paragraph 23 of
resolution 1483 (2003);
20.
Calls upon all Member States to take appropriate steps within
their respective legal systems to stay for a period of 12 months
from 30 June 2004 all legal and other similar proceedings before
their courts or other tribunals involving claims by or against
the State of Iraq, its Government, or any of its agencies or
instrumentalities, including its State-owned enterprises or
similar bodies;
21.
Requests the Secretary-General to report to the Security Council
within three months from the date of this resolution on UNAMI
operations in Iraq, and on a quarterly bases thereafter on the
progress made toward national elections and fulfillment of all
UNAMI's responsibilities;
22.
Decides to remain actively seized of this matter.