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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 />

Figure: Amer Rashid letter to Tariq Aziz (Apr. 12, 2002) (translated from Arabic)<br />

Falc<strong>on</strong> Navigati<strong>on</strong> Corp. (“Falc<strong>on</strong> Navigati<strong>on</strong>”), an affiliated company of Trafigura, oversaw the<br />

two Essex loadings, al<strong>on</strong>g with Manolis Manoussakis, Trafigura’s “<strong>on</strong>-site loss c<strong>on</strong>trol<br />

representative.” In May 2001, Mr. Manoussakis flew to Dubai where he boarded the Essex prior<br />

to proceeding to Mina al-Bakr. Theof<strong>on</strong>is Chiladakis, the captain of the tanker Essex, was<br />

instructed by Trafigura to follow Mr. Manoussakis’s instructi<strong>on</strong>s for the loading. 365<br />

In May 2001, after the first parcel of 1.8 milli<strong>on</strong> barrels was loaded at Mina al-Bakr, Mr. Oliveira,<br />

Mr. Manoussakis, and the loading master for the Iraqi South Oil Company at the port, oversaw<br />

the gauging of the Essex. Once the initial measurements were performed, loading resumed for<br />

the top-off cargo and a sec<strong>on</strong>d gauging was d<strong>on</strong>e to measure the total quantity after the top-off.<br />

These same circumstances occurred during the sec<strong>on</strong>d Essex lifting in August 2001. Mr.<br />

Manoussakis accounted for the total quantity of oil aboard the vessel and documented the top-off<br />

parcels with a sec<strong>on</strong>d bill of lading. With both top-offs, Total Quality <strong>on</strong> Board forms (“TQOB<br />

forms”) of the total quantity lifted by the Essex were signed by Mr. Manoussakis and Mr. Al-<br />

Seraih. 366<br />

365 Trafigura, “Companies Worldwide,” http://www.trafigura.com (identifying Falc<strong>on</strong> Navigati<strong>on</strong> as <strong>on</strong>e of<br />

Trafigura’s global companies); Trafigura letter to the <strong>Committee</strong> (Jan. 31, 2005); Manolis Manoussakis<br />

interview (May 12, 2005) (stating that Theofanis Chiladakis died in 2002); Beverly Rudy letter to Ben<strong>on</strong><br />

Sevan (Nov. 2, 2001); Michele Sloan memorandum to Falc<strong>on</strong> Navigati<strong>on</strong> (July 30, 2001); Jean-Paul Cayre<br />

handwritten note (May 2001); Jean-Paul Cayre affidavit (paras. 21 and 27) (stating that the May 2001<br />

lifting was the first time in Trafigura’s dealings with Ibex that Trafigura sent a representative to supervise<br />

the loading).<br />

366 Manolis Manoussakis interview (May 12, 2005). TQOB forms were completed for each of the two<br />

Essex loadings. These forms were not normally used, but were requested by Mr. Manoussakis as a record<br />

of the total load amounts. Ibid. See also Jean-Paul Cayre Affidavit (para. 27) (relating that Trafigura<br />

instructed Mr. Manoussakis to supervise the sec<strong>on</strong>d Essex loading). Mina al-Bakr had no metering<br />

capability. Thus the actual amount of Basrah light crude lifted by a vessel could <strong>on</strong>ly be measured after it<br />

was loaded. This practice, called gauging, and the measurement calculati<strong>on</strong>s that resulted, were the<br />

resp<strong>on</strong>sibility of Saybolt. 1996 Technical Report; 2000 Experts Report; Manolis Manoussakis interview<br />

(May 12, 2005).<br />

REPORT ON PROGRAMME MANIPULATION–OCTOBER 27, 2005 PAGE 181 OF 623

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