The UNCC secretariat noted further that, in any event, the privileges and immunities of the United Nations would protect UNCC, the Compensation Fund and the United Nations as a whole against litigation in connection with this matter.

Accordingly, the UNCC secretariat considers this matter to be closed.

Recommendations considered by the United Nations Compensation Commission to be under implementation, but not validated by the Board

The HKMA s Compensation Committee had the sole responsibility for setting Yam s salary.

The UNCC secretariat also commented that, moreover, the Office of Legal Affairs had confirmed in a legal opinion dated 14 June 2002 that the obligation to pay awards of compensation (including interest) was an obligation of Iraq and not of UNCC or the United Nations as a whole.

To adopt the access policy for Compensation Commission records archives prepared by the secretariat.

UNCC has requested the replacement or reinforcement of the doors to the claims storage area.

Comment of the Administration. In response, the UNCC secretariat advised the Board that the Governing Council had taken a decision on interest on awards of compensation at its March 2005 session.

The secretariat further informed the Board that UNCC intended to continue to abide by the legal opinion dated 27 November 2002 prepared by the Office of Legal Affairs with respect to the proper scope of the Office of Internal Oversight Services audit of UNCC.

The Office of Internal Oversight Services has undertaken to provide the UNCC secretariat with continuing advice on the conduct of this process.

UNHCR agreed with the Board's recommendation to deduct an administrative fee from future UNCC payments to beneficiaries.

In paragraph 157, the Board recommended that UNCC pay special attention to its information security until it closes down.

Comment of the Administration. UNCC continued to maintain, update, and enhance its ICT system and application related documentation.

UNHCR agreed with the Board's recommendation to deduct an administrative fee from future UNCC payments to beneficiaries.

Stringent and professional quality security policies are implemented throughout the UNCC information systems, networks and databases.

In paragraph 117, the Board recommended that UNCC take further action to recover undistributed funds, in view of its completion strategy.

In paragraph 36 of its report to the Security Council,1 the Board had recommended that the UNCC secretariat draw attention to the lack of a decision by the Governing Council on the matter of interest on awards of compensation.

Comment of the Administration. The Information Services Section of the UNCC secretariat was mindful of the importance of information security and consistently paid close attention to this matter.

The UNCC secretariat therefore considers that it has done all that it can reasonably do to secure the UNCC archives while it remains the custodian thereof.

Comment of the Administration. UNCC continued to obtain payment distribution reports and the return of undistributed funds from Governments and international organizations.

UNCC reported that a new software application was being used for the archiving of records, although the Board of Auditors has not yet validated this.

The UNCC secretariat noted that neither claimants nor claimant Governments had the power to compel the Governing Council to set the methods of calculation and of payment of interest.

In that regard, the Government has already established a new commission, headed by a Supreme Court justice, to determine the losses and evaluate the required reparations.

Essential to such efforts at the international level were the International Criminal Court and the Basic Principles and Guidelines on reparations annexed to Commission on Human Rights resolution 2005 35.

The UNCC secretariat also stated that it maintains a high level of security and had tightened its security policies to meet ever increasing security demands.

In paragraph 194, the Board recommended that UNCC take, with the United Nations Secretariat, appropriate steps for the long term management, guardianship and streamlined retrieval of archives.

The UNCC secretariat mentioned that in decision 243 the Governing Council had said that there was no appropriate time to consider these matters, and that it would take no further action.

It is well designed because it interferes not with the level of compensation (as many have demanded), but with the form that this compensation takes.

A system update server automatically performed updates of critical system and other patches to all UNCC workstations on a weekly basis, and anti virus patterns were updated automatically on workstations daily.

The UNCC secretariat carried out a technical analysis in October and November 2004 which was forwarded to the United Nations Office at Geneva on 3 December 2004.

Summary of recommended awards for the claims of Syria 124

' Taking this custom into account, the Magistrates Court held that the word damages' should be interpreted as including punitive or exemplary damages as well as compensatory damages.

Since the Governing Council's decision may have an impact on the UNCC secretariat's actions, this delay may not have been conducive to proper governance and accountability, nor to an effective implementation of its recommendations.

Comment of the Administration. The UNCC secretariat has given due consideration to the safety and security of records, and reports concerning safety and security conditions that have been made by the Security Services at the United Nations Office at Geneva and at Headquarters.

The Europeans are pushing for reform of compensation practices in the financial sector.

Recommended awards for category C claims

It should be noted that, when notifying the Commission of these duplicate claims, the Governments returned to the Compensation Fund the full amount of the awards issued for such duplicate claims.

Table 1. Recommended awards for category A claims

Table 2. Recommended awards for category C claims

Summary of recommended awards in the fifth F4 instalment 126

Recommended award for claim No. 5000394 Recommended awards for the claims of Iran The Panel's recommendations for Iran's claims are summarized in table 7.

Recommended award for claim No. 5000464 Recommended awards for the claims of Jordan The Panel's recommendations in respect of Jordan's claims are summarized in table 10.

Recommended award for claim No. 5000453 Recommended awards for the claims of Kuwait The Panel's recommendations in respect of Kuwait's claims are summarized in table 15.

Recommended award for claim No. 5000303 Recommended awards for the claims of Syria The Panel's recommendations in respect of Syria's claims are summarized in table 24.

The practical result is that interest will not be paid on awards of compensation.