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9.1  |  March to 22 May 2003
337.  On 14 May, the Security Council met to discuss the draft resolution circulated
on 9 May.212 Ambassador Negroponte, Sir Jeremy Greenstock and the Spanish
representative Ambassador Inocencio F Arias attended and answered questions.
338.  The debate centred on the creation of the IIA and clarity about the UN’s role, on
whether the OFF programme was to close and if so how, and on the legal underpinning
of reconstruction activities. Sir Jeremy “agreed we needed to be clearer about the
political process”.
339.  Following the discussions, the US faxed to the FCO a revised draft of the
resolution. This included some minor drafting amendments (including the Iraqi
Assistance Fund reverting to its original title of Development Fund), removed UN
immunity from the Development Fund (which had been unpopular with several Security
Council members) and proposed new language which gave the Government of Iraq a
shared role in deciding whether 5 percent of oil profits should continue to be paid into
the Compensation Fund.
340.  Sir Jeremy Greenstock briefed the FCO that the revised version “contains a
few helpful changes, but will not be seen as much of a step forward by the Council”.
In Sir Jeremy’s view negotiations had been constructive but there was “a long way to
go on substance”.
341.  Mr Straw told Cabinet on 15 May that both the UK and the US “accepted the
need for improvements to the text” of the resolution in the light of discussions in the
Security Council.213
342.  Mr Blair said that the resolution recognised the vital role of the UN, and called for
the appointment of a Special Co-ordinator who would be “involved in every aspect of
activity”. Although political progress was being made in Iraq, the immediate priorities
were security, health care, power and sanitation.
343.  Mr Llewellyn reported to Mr Pattison on 15 May that informal contact between
FCO and State Department lawyers had resulted in an “emerging view” that the draft
resolution “takes us beyond the laws of Occupation”.214
212  Telegram 838 UKMIS New York to FCO London, 15 May 2003, ‘Iraq: 14 May Council; Part two of two’.
213  Cabinet Conclusions, 15 May 2003.
214  Minute Llewellyn to Pattison, 15 May 2003, ‘Iraq: Draft Security Council Resolution: Occupying
Powers’.
189
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