UNCC www.uncc.ch The United Nations Compensation Commission (UNCC) was created in 1991 as a subsidiary organ of the UN Security Council. Its mandate is to process claims and pay compensation for losses and damage suffered as a direct result of Iraq's unlawful invasion and occupation of Kuwait The UNCC at a glance The United Nations Compensation Commission received approximately 2.7 million claims seeking approximately US$352.5 billion in compensation for death, injury, loss of or damage to property, commercial claims and claims for environmental damage resulting from Iraq's unlawful invasion and occupation of Kuwait in 1991 The claims were resolved by panels, each of which was made up of three Commissioners who were independent experts in different fields including law, accountancy, loss adjustment, insurance and engineering. Technical experts and consultants in their verification and valuation of the claims assisted the panels. The panels submitted their recommendations on the claims to the Governing Council for approval. The Governing Council is a policy making organ of the Compensation Commission and its membership is the same as that of the Security Council, of which the Commission is a subsidiary body. To date, the Governing Council has adopted all of its decisions, including those on recommendations on compensation and payments, by consensus. The Compensation Commission secretariat assists the panels of Commissioners and the Governing Council and distributes payments of compensation in accordance with the Commission's Provisional Rules for Claims Procedure and decisions of the Governing Council. Since the establishment of the Commission in 1991, its staff has come from nearly 60 different countries. The approval by the Governing Council of the last reports and recommendations of the panels of Commissioners at its June 2005, marks the completion of 12 years of claims processing at the Compensation Commission and brings to an end the work of the panels of Commissioners, as a whole. Awards of approximately US$52.5 billion have been approved in respect of approximately 1.55 million of these claims, representing roughly 14.9 per cent of the amount claimed. The resolution of such a significant number of claims with such a large asserted value over such a short period has no precedent in the history of international claims resolution. To date, the Commission has made available to Governments and international organizations approximately US$21 billion for distribution to successful claimants in all categories, the vast majority of whom have been paid in full. Funds to pay compensation are drawn from the United Nations Compensation Fund, which receives a percentage of the proceeds generated by export sales of Iraqi petroleum and petroleum products. In conformity with Security Council resolution 1483 (2003), 5 per cent of the proceeds are currently deposited into the Compensation Fund. With the claims processing stage now concluded, the Commission will focus its work, with a small secretariat, on payments of awards to claimants and a number of residual tasks. The Governing Council The Governing Council is the organ of the Commission that sets its policy within the framework of relevant United Nations Security Council resolutions. As such, it establishes the criteria for the compensability of claims, the rules and procedures for processing the claims, the guidelines for the administration and financing of the Compensation Fund and the procedures for the payment of compensation. It reports regularly to the Security Council on the work of the Commission. The membership of the Governing Council is the same as that of the fifteen-member Security Council. China, France, Russian Federation, the United Kingdom and the United States are thus permanent members. The ten non-permanent members are selected by the General Assembly for two year terms, with five being replaced each year. The Commissioners The function of the Commissioners is to verify and evaluate claims, and, in so doing, to determine whether they are directly related to Iraq's invasion and occupation of Kuwait. The Commissioners assess the value of losses suffered by claimants and recommend compensation in reports to the Governing Council. Commissioners are chosen for their integrity, experience and expertise in such areas as law, accounting, loss adjustment, assessment of environmental damage, and engineering. They are international jurists and other professionals with an established international reputation. The geographical diversity of the Commissioners' nationalities is an important factor in their selection. The 59 Commissioners appointed up to date represent forty different nationalities Candidates for the position of Commissioner are chosen by the Executive Secretary, usually from a Register of Experts that was established by the Secretary-General in 1991, which has since been regularly updated and maintained by the Commission's secretariat. The Executive Secretary recommends the candidates to the Secretary-General. If the candidates are approved, the Secretary-General nominates them for the Governing Council's decision. The Council then decides on their appointment. Commissioners are appointed for fixed terms. The Commissioners work in panels of three. Each panel is established to review a specific category or sub-category of claims. Of the nineteen panels of Commissioners established to date, thirteen have concluded their work and the remaining six are scheduled to complete their work by June 2005. The Executive Secretary assigns each new Commissioner to a panel and also decides which Commissioner shall serve as the Chairman of each panel. The Executive Secretary also submits the various instalments of claims to each panel. The panels of Commissioners meet in Geneva, at the Commission's headquarters. The Commission periodically contracts expert consultants to assist the panels of Commissioners in the valuation and quantification of claims. Further information about the way in which the panels work is contained in the claims and claims processing sections of this website. The Secretariat The secretariat of the Commission services the Governing Council and the panels of Commissioners, providing administrative, technical and legal support. The secretariat also administers the Compensation Fund. The secretariat is headed by the Executive Secretary, who is appointed by the UN Secretary-General after consultation with the Governing Council. Since the establishment of the Commission in 1991, its staff have come from nearly 60 different countries. The majority of the members of the secretariat are lawyers, accountants, loss adjusters and information technology specialists. In addition to the Office of the Executive Secretary, the secretariat comprises: the Legal Services Branch, made up of various claims sections and units; the Verification and Valuation Support Branch; the Claims Registry; the Claims Payment Section; the Executive Office, dealing with general administration; the Information Systems Section, providing computerized systems to support claims processing and payment; and the Governing Council Secretariat