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 Mr. Guillet acknowledged that in his meeting with Mr. Aziz, they discussed an oil allocation for Mr. Pasqua. According to Mr. Guillet, Mr. Aziz offering an oil allocation to Mr. Pasqua because “the leadership would like to thank Mr. Pasqua for what he did for Iraq.” Mr. Aziz advised Mr. Guillet to meet with SOMO officials about the oil. Mr. Guillet stated that he was very skeptical that such an arrangement would be feasible for a politician of Mr. Pasqua’s stature. 91 Mr. Guillet stated that he went to SOMO only out of courtesy to Mr. Aziz. According to Mr. Guillet, SOMO officials explained to him that he had to nominate a company to lift the oil for Mr. Pasqua. Mr. Guillet stated that at that point, he politely refused Iraq’s gesture of appreciation. He told SOMO officials that the proposal could lead to political scandal. 92 Upon his return to France, Mr. Guillet stated that he provided Mr. Pasqua with an oral briefing on his trip to Iraq, which was his usual practice after a trip to Iraq. During the briefing to Mr. Pasqua, Mr. Guillet told him about Mr. Aziz’s proposal for an oil allocation. According to Mr. Guillet, Mr. Pasqua jokingly said: “Je serai le roi du pétrole!” (“I will be the king of petrol!”) and then immediately added, “I hope you did not accept this offer.” 93 Mr. Pasqua has denied that Mr. Guillet gave him regular updates after coming back from his trips to Iraq. He stated that he was not interested in Mr. Guillet’s activities in Iraq. Mr. Pasqua also denied ever being informed about an offer of oil from Mr. Aziz or the Iraqi regime. 94 91 Bernard Guillet interview (Oct. 3, 2005). 92 Bernard Guillet interviews (Oct. 3 and 5, 2005). This account of events at SOMO is at least partially confirmed by a draft letter to the Minister of Oil prepared for signature of the director of SOMO. According to this draft This morning the French personality (Bernard Guillet) on behalf of (Charles Pasqua) paid us a visit, and requested delivering the oil contract to the Swiss company (Genmar) for signing as it is considered the company of choice from their end. When we clarified the importance of selecting a French company since the assigned quantity is for a French personality, Mr. (Bernard Guillet) responded by saying that this was not possible for political reasons and that he had explained the situation to Mr. Tariq Aziz. . . . We requested from Mr. (Bernard Guillet) a letter according to which Mr. (Charles Pasqua) authorized (Genmar) Company to lift the crude oil, he refused, explaining that they are unable to do that because they are afraid of political scandals. Saddam Z. Hassan draft letter to Amer Rashid, signed by a SOMO official (June 17, 1999) (translated from Arabic). Prior to Phase IX, when surcharges were imposed, oil allocated in the names of French beneficiaries was purchased by oil companies based in France. As discussed above, it was the Government of Iraq’s policy to favor French companies for those allocations. The oil allocations in Mr. Pasqua’s name, however, were purchased by a non-French company. Iraq official interviews. 93 Bernard Guillet interview (Oct. 3 and 5, 2005). 94 Charles Pasqua interview (Oct. 3, 2005). Mr. Pasqua has maintained this position with United States congressional investigations. In a letter to Congressman Joe Barton, Chairman of the United States House REPORT ON PROGRAMME MANIPULATION–OCTOBER 27, 2005 PAGE 56 OF 623
INDEPENDENT INQUIRY COMMITTEE INTO THE UNITED NATIONS OIL-FOR-FOOD PROGRAMME REPORT ON PROGRAMME MANIPULATION CHAPTER TWO OIL TRANSACTIONS AND ILLICIT PAYMENTS Both Mr. Pasqua and Mr. Guillet have denied being involved in the sale of the oil allocated in Mr. Pasqua’s name or in receiving proceeds from the oil sales. However, the evidence gathered by the Committee indicates that Mr. Guillet involved in obtaining the allocations of oil. The evidence also indicates that he also received revenue from the sale of the oil and that the revenue he received was in cash. 95 The oil allocated in Mr. Pasqua’s name in Phases VI through VIII was purchased by Genmar. An Iraqi official stated that during one of his trips to Baghdad, Mr. Guillet remarked that he was arranging for the sale of Mr. Pasqua’s oil allocation because it was “dangerous” for Mr. Pasqua to appear at SOMO on his own behalf. Immediately after one of Mr. Guillet’s trips to Baghdad, SOMO Executive Director Saddam Z. Hassan sent a letter to Oil Minister Amer Rashid, stating that “the Swiss company Genmar is confirmed as the company nominated by Mr. Charles Pasqua to lift his allotted quantity for the sixth phase.” In Approvals of Contract for Phases VI through VIII, the name “Charles Pasqua” is next to the contracting company Genmar. 96 According to Elias Firzli, a friend of Mr. Guillet’s and a consultant to Total International Limited (“Total”) at the time, when Mr. Guillet received an Iraqi oil allocation, he requested Mr. Firzli’s assistance to sell it. Mr. Firzli stated that he arranged for the sale of Mr. Guillet’s oil to Genmar because he had already sold his own oil allocation to that company. Mr. Firzli described himself as an intermediary between Mr. Guillet and Genmar. According to Mr. Firzli, he made an oral commitment to pay a commission of $0.02 to $0.03 per barrel to Mr. Guillet. 97 of Representatives’ Committee on Energy and Commerce, Mr. Pasqua wrote, “I should like to state unequivocally that I was never the beneficiary of an allocation from Iraq; I never traded Iraq oil, directly or indirectly; I authorized no one to do so on my behalf. I have never accepted, received or enjoyed any profit or remuneration from Iraqi crude oil trades.” Charles Pasqua letter to Joe Barton (May 20, 2005). In an interview with the United States House of Representative’s Committee on Energy and Commerce, Mr. Pasqua reiterated that “I have never derived any benefit from nor was I ever involved in any way whatsoever in trading oil, either with Iraq or any other country.” United States House of Representatives’ Committee on Energy and Commerce staff members, Andrew Snowdon, Chris Knauer, and Thomas Feddo, meeting with Charles Pasqua, p. 2 (June 3, 2005). 95 Bernard Guillet interviews (Oct. 3 and 5, 2005); Charles Pasqua interview (Oct. 3, 2005). 96 Approval letters for Pasqua contracts; SOMO sales contracts, nos. M/06/74 (June 19, 1999), M/07/92 (Jan. 22, 2000), M/08/113 (Sept. 21, 2000) (contracting with Genmar Resources GMBH) (hereinafter “Pasqua sales contracts”); Bernard Guillet interviews (Oct. 3 and 5, 2005); Iraq official interviews; Saddam Z. Hassan letter to Amer Rashid (June 20, 1999) (translated from Arabic). Mr. Guillet was in Iraq from June 15 to June 18, 1999. Conseil Général des Hauts-de-Seine record, mission orders (June 11, 1999) (for Mr. Guillet’s mission to Beirut, Amman and Baghdad, June 14 to 19, 1999) (translated from French). 97 Elias Firzli interview (Oct. 14, 2005); Bernard Guillet interviews (Oct. 3 and 5, 2005) (confirming Mr. Guillet’s friendship with Mr. Firzli and referring to other efforts he made with Mr. Firzli to assist BNP with a problem at the Central Bank of Iraq); Tariq Aziz interview (Mar. 1, 2005); United States House of Representatives’ Committee on Energy and Commerce staff members, Andrew Snowdon, Chris Knauer, and Thomas Feddo, meeting with Charles Pasqua, p. 8 (June 3, 2005) (Mr. Pasqua states that he is aware that Mr. Firzli is “a contact of Guillet”); Iraq official interviews (recalling that Mr. Firzli used Genmar to REPORT ON PROGRAMME MANIPULATION–OCTOBER 27, 2005 PAGE 57 OF 623
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