VZCZCXYZ0004
OO RUEHWEB

DE RUEHC #5020 2010501
ZNR UUUUU ZZH
O 172350Z JUL 09
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 6904-6905
INFO RUEHGB/AMEMBASSY BAGHDAD IMMEDIATE 7299-7300
RUEHKU/AMEMBASSY KUWAIT IMMEDIATE 6502-6503
RUEHLO/AMEMBASSY LONDON IMMEDIATE 5415-5416
RUEHFR/AMEMBASSY PARIS IMMEDIATE 5350-5351

UNCLAS STATE 075020 
 
SENSITIVE 
 
C O R R E C T E D   C O P Y  (ADDED SENSITIVE CAPTION) 
 
SIPDIS 
USUN FOR GERMAIN AND KUJAWINSKI 
 
E.O. 12958: N/A 
TAGS: PREL UNSC IZ
SUBJECT: GUIDANCE: PASS P3 TEXT TO DE MISTURA 
 
REF: 09STATE72667 
¶1. (U) This is an action request(paras 2 and 3). 
 
¶2. (SBU) USUN is instructed to share the following draft UN 
Security Council resolution (UNSCR) text (para 3)and list of 
possible technical and other implementation arrangements (of 
possible relevance for inclusion in a accompanying Iraqi side 
letter -- para 4) with former UNAMI SRSG Staffan de Mistura 
(reflecting the idea he shared with the three governments). 
USUN should keep Washington informed on the progress of de 
Mistura's discussions and seek further guidance as needed. 
 
¶3. (SBU) Begin First Non-paper: 
 
Preambular Paragraphs: 
 
--Welcoming the Secretary-General,s report as requested in 
paragraph 5 of Resolution 1859(2008) on facts relevant to 
consideration by the Council of actions necessary for Iraq to 
achieve international standing equal to that which it held 
prior to the adoption of resolutions pertaining specifically 
to Iraq, beginning with the adoption of resolution 661 (1990); 
 
--Reaffirming the commitment of all Member States to the 
sovereignty, territorial integrity and political independence 
of Kuwait and Iraq; 
 
--Welcoming in particular the annexed letter from Iraqi Prime 
Minister Nuri al-Maliki, in which the government of Iraq 
reaffirms its commitment to resolution 833 (1993) and 
promises to complete the technical and other implementation 
arrangements necessary with regard to the border between Iraq 
and Kuwait; welcoming also the annexed letter from (Kuwaiti 
Senior Official), in which the government of Kuwait affirms 
its willingness to engage in good faith discussions with the 
government of Iraq under the auspices of the United Nations 
Compensation Commission on a final settlement of United 
Nations Compensation Commission awards, cognizant of the 
decisions set out below; 
 
--Recognizing and reaffirming the conclusion of the United 
Nations Iraq-Kuwait Boundary Demarcation Commission with 
respect to the right of navigation and access for both Iraq 
and Kuwait through the Khowr Zhobeir, the Khowr Shetana and 
the Khowr Abd Allah to and from all their own respective 
waters and territories bordering their boundary and that this 
right of access implies a non-suspendible right of navigation 
for both States; 
 
Operative Paragraphs: 
 
--Underlines and reaffirms resolution 833 (1993) in its 
entirety; 
 
--Requests the Secretary-General to facilitate the 
establishment of a Panel for Review and Mediation of Maritime 
Issues, in consultation with Iraq and Kuwait, with a mandate 
to review and, as appropriate, mediate outstanding issues 
arising from the maritime boundary, building upon the work 
done by the United Nations Iraq-Kuwait Boundary Demarcation 
Commission and affirmed in resolution 833 (1993); 
 
--Requests further that the Secretary General appoint a 
representative to lead the Panel; 
 
--Requests further that the Secretary General report to the 
Council regularly on progress made and, at any time that the 
Secretary General determines is appropriate, transmit 
recommendations to the Council to further the resolution of 
issues before the Panel; 
 
-- Welcomes the annexed letter from Iraqi Prime Minister Nuri 
al-Maliki, in which the government of Iraq reaffirms its 
commitment to resolution 833 (1993) and promises to complete 
the technical and other implementation arrangements necessary 
with regard to the border between Iraq and Kuwait, and urges 
timely implementation of these arrangements, 
 
--Reaffirms the obligation placed upon the Government of Iraq 
to deposit the determined percentage of the proceeds of all 
export sales of petroleum, petroleum products and natural gas 
from Iraq into the Compensation Fund, and the authorities of 
the Governing Council of the United Nations Compensation 
Commission as set forth in paragraph 21 of resolution 1483 
(2003); 
 
--Decides to decrease the percentage of proceeds referred to 
in paragraph 21 of resolution 1483(2003) from 5 percent to 
2.5 percent, effective immediately; 
 
--Calls upon the Government of Iraq and the Government of 
Kuwait to engage immediately in good faith settlement 
negotiations under the auspices of the United Nations 
Compensation Commission with regard to settlement of the 
United Nations Compensation Commission awards that will 
remain outstanding upon full payment of the environmental 
remediation awards issued by the United Nations Compensation 
Commission; 
 
--Calls upon the Government of Iraq to establish an 
accounting and payment procedure and mechanism to ensure the 
continuation of deposits of the proceeds referred to in 
paragraph 21 of resolution 1483 (2003) to the Compensation 
Fund, to be audited by independent public accountants 
reporting to the International Advisory and Monitoring Board, 
or successor arrangements for the International Advisory and 
Monitoring Board, including the Committee of Financial 
Experts; 
 
--Underscores the commitment of the Security Council to 
review resolutions pertaining specifically to Iraq, beginning 
with the adoption of resolution 661 (1990), and to consider 
what actions, in light of the facts noted in the 
Secretary-General,s report requested by UNSCR 1859 (2008), 
are necessary for Iraq to achieve international standing 
equal to that which it held prior to the adoption of such 
resolutions, and notes the Security Council,s intention to 
review  progress as appropriate. 
 
End First Non-paper. 
 
¶4. (SBU) Begin Second Non-paper: 
 
-- List of possible technical and other implementation 
arrangements related to the border between Iraq and Kuwait: 
 
-- removal of any obstacles or buildings along the boundary, 
-- maintenance of the boundary pillars, 
-- resettlement of the Iraqi farmers living adjacent to the 
border on the Kuwaiti side, and 
-- construction of a road parallel to the boundary pillars. 
 
End Second Non-paper. 
CLINTON