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report on programme manipulation - Independent Inquiry Committee

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INDEPENDENT INQUIRY COMMITTEE INTO THE UNITED NATIONS OIL-FOR-FOOD PROGRAMME<br />

REPORT ON PROGRAMME MANIPULATION<br />

CHAPTER TWO<br />

OIL TRANSACTIONS AND ILLICIT PAYMENTS<br />

5. The Surcharge Phases<br />

When the Iraqi Ministry of Oil was in need of oil purchasers in the face of mandatory surcharges<br />

imposed in the end of 2000, Taurus used Alc<strong>on</strong> and Fenar to purchase over 47 milli<strong>on</strong> barrels of<br />

oil in Phase IX. C<strong>on</strong>sequently, Liechtenstein companies—which had not participated in the<br />

Programme prior to Fenar’s first c<strong>on</strong>tract—became the largest purchasers of Iraqi oil during<br />

Phase IX, exceeding even Russian and French firms. In the subsequent surcharge phases, Alc<strong>on</strong><br />

and Fenar purchased an additi<strong>on</strong>al 55.1 milli<strong>on</strong> barrels of oil. Ministry of Oil and bank records<br />

show that the surcharges assessed and paid <strong>on</strong> the Alc<strong>on</strong> and Fenar c<strong>on</strong>tracts totaled over $26<br />

milli<strong>on</strong>. 264<br />

6. Taurus Funded the Surcharges <strong>on</strong> the Alc<strong>on</strong> and Fenar C<strong>on</strong>tracts<br />

Most of the surcharges imposed <strong>on</strong> Alc<strong>on</strong> and Fenar c<strong>on</strong>tracts were paid through wire transfers<br />

from two accounts in the names of Petrocorp and Jabal at First Nati<strong>on</strong>al Bank in Leban<strong>on</strong> (“First<br />

Nati<strong>on</strong>al Bank”). On opening bank records, Mr. Ladki, the same individual named by Taurus as<br />

the beneficial owner of Fenar, was named as the founder and owner of Petrocorp and Jabal and<br />

the sole signatory to both companies’ bank accounts. The Petrocorp bank account was opened in<br />

August 2000, and the Jabal bank account in March 2001. From the time that the accounts were<br />

opened until they became inactive in December 2002, they were funded primarily by Taurus or<br />

entities c<strong>on</strong>trolled by Taurus. Taurus Nassau, Fenar, and Alc<strong>on</strong> transferred at least $27.6 milli<strong>on</strong><br />

of the total of about $32.6 milli<strong>on</strong> deposited in the Jabal and Petrocorp bank accounts. 265<br />

As described below, the Alc<strong>on</strong> and Fenar surcharges were generally paid in three different ways:<br />

(1) out of the Jabal and Petrocorp accounts with funding from Taurus Nassau; (2) out of the Jabal<br />

and Petrocorp accounts with funding from Alc<strong>on</strong> and Fenar; and (3) out of a pers<strong>on</strong>al account<br />

bel<strong>on</strong>ging to Mr. Ladki, with funding from Jabal and Petrocorp.<br />

Prior to the opening of the Alc<strong>on</strong> and Fenar accounts, Taurus entities transferred m<strong>on</strong>ey directly<br />

to the Petrocorp and Jabal accounts for subsequent transfers to a SOMO account. Between<br />

January and July 2001, Taurus Nassau directly transferred over $9.2 milli<strong>on</strong> to Petrocorp’s<br />

264 “Programme Management Report,” vol. II, p. 32; <strong>Committee</strong> oil company, financier, and surcharge<br />

tables, c<strong>on</strong>tract nos. M/08/67, M/09/04, M/10/09, M/10/96, M/11/65, M/11/67, M/12/39, M/13/07;<br />

M/09/01, M/09/35, M/10/03, M/10/17, M/10/59, M/11/25, M/11/43, M/12/35, M/13/19.<br />

265 First Nati<strong>on</strong>al Bank record, Jabal account, account opening documents (Mar. 30, 2001); First Nati<strong>on</strong>al<br />

Bank record, Petrocorp account, account opening documents (Aug. 10, 2000); Banque Bruxelles Lambert<br />

Geneva record, Taurus Nassau account, debit advices (Feb. 7 to June 28, 2001); Credit Suisse record,<br />

Taurus Nassau account, debit advices (Jan. 23 to July 2, 2001); UEB Geneva record, Taurus Nassau<br />

account, bank statements (Jan. 31, Apr. 30, May 31, and June 30, 2001); BNP Geneva record, Fenar<br />

account, debit advices (Sept. 25, 2001 to Nov. 29, 2002); BNP Geneva record, Alc<strong>on</strong> account, debit advices<br />

(Aug. 31, 2001 to Nov. 16, 2002); Leban<strong>on</strong> Financial Intelligence Unit record, Leban<strong>on</strong> Department of<br />

Examiners and Investigators <str<strong>on</strong>g>report</str<strong>on</strong>g> (June 28, 2005) (translated from Arabic) (reflecting the total funds<br />

received by the Jabal and Petrocorp accounts).<br />

REPORT ON PROGRAMME MANIPULATION–OCTOBER 27, 2005 PAGE 134 OF 623

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