report on programme manipulation - Independent Inquiry Committee

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INDEPENDENT INQUIRY COMMITTEE INTO THE UNITED NATIONS OIL-FOR-FOOD PROGRAMME REPORT ON PROGRAMME MANIPULATION CHAPTER TWO OIL TRANSACTIONS AND ILLICIT PAYMENTS E. EXPLANATIONS OF SAYBOLT, ARMANDO CARLOS OLIVEIRA, AND TRAFIGURA On October 15, 2005, Saybolt was notified of the Committee’s proposed findings regarding the conduct of Mr. Oliveira, and invited to provide the Committee with any additional information prior to the issuance of its Report. In response, Saybolt pointed out its role in conducting an internal investigation of the incident, which found no evidence that Saybolt employees knew of the Essex top-off. According to Saybolt, when new information came to light in February 2005, the company suspended Mr. Oliveira, who then abruptly resigned. 384 By letter dated October 14, 2005, Mr. Oliveira was also provided notice of the Committee’s proposed findings regarding his conduct. Mr. Oliveira responded by stating that he was not involved in the top loading incidents and did not facilitate the production of any documents outside of the Programme. 385 Trafigura has refused to make any of its personnel available for interview with Committee investigators. Trafigura maintains that it is the victim of a top-off scheme between Jean-Paul Cayre and the Government of Iraq–and that the company was not involved with any of Ibex Energy’s dealings with the Government of Iraq. Trafigura further claims that it relied upon a Saybolt inspector apparently bribed by Ibex Energy. According to Trafigura, Roundhead is a legitimate business vehicle that was used in order to avoid the problem of “offset” where the buyer and seller use the same bank. The company denies that its invoice of June 27, 2001 to Ibex Energy for $379,650 for the rebilling of demurrage for the Argo Hebe was improper and maintains that this invoice had nothing to do with the first top-off, of which the company had no knowledge. 386 384 Committee letter to Saybolt (Oct. 15, 2005); Saybolt letter to the Committee (Oct. 20, 2005). 385 Committee letter to Armando Carlos Oliveira (Oct. 14, 2005); Armando Carlos Oliveira letter to the Committee (Oct. 15, 2005). 386 Committee meeting with Trafigura (Oct. 21, 2005). Despite repeated requests for interviews, it was only on October 22, 2005, following a meeting with the Committee, that the company offered for the first time to make Eric de Turckheim, Trafigura’s Finance Director, available for interview. Trafigura e-mail to the Committee (Oct. 22, 2005). Given the unwillingness of the company to make its staff available during the course of the investigation, at this late date the Committee declined. By letters dated October 17, 2005, Trafigura and Jean-Paul Cayre (Ibex Energy) were each similarly provided with notices of the Committee’s proposed findings and were invited to provide any additional information. Trafigura provided written responses. Committee letter to Trafigura (Oct. 17, 2005); Committee letter to Jean-Paul Cayre (Oct. 17, 2005); Trafigura letter to the Committee (Oct. 20, 2005); Trafigura e-mail to the Committee (Oct. 22, 2005). REPORT ON PROGRAMME MANIPULATION–OCTOBER 27, 2005 PAGE 188 OF 623
INDEPENDENT INQUIRY COMMITTEE INTO THE UNITED NATIONS OIL-FOR-FOOD PROGRAMME REPORT ON PROGRAMME MANIPULATION CHAPTER TWO OIL TRANSACTIONS AND ILLICIT PAYMENTS Chart G – Handwriting Samples of Mr. Oliviera Figure: (LEFT) Total Quantity on Board form documenting 2,027,622 net barrels loaded (May 16, 2001) and (RIGHT) Total Quantity on Board form documenting 2,059,076 net barrels loaded (Aug. 27, 2001). Numerals from Essex TQOB Form Examples of Mr. Olivera’s Handwriting Figure: Comparison of Numerals written by Mr. Oliveira (TOP) and Numerals taken from the Aug. 27, 2001 Total Quantity on Board form (BOTTOM). REPORT ON PROGRAMME MANIPULATION–OCTOBER 27, 2005 PAGE 189 OF 623
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