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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 />

Chart B – Top Financiers of Oil Purchases in Phase IX 8<br />

Glencore<br />

11.54%<br />

Oil purchased mostly through<br />

Glencore Int’l AG &<br />

Petrogaz Distributi<strong>on</strong> S.A.<br />

registered in Switzerland<br />

Other<br />

38.59%<br />

Vitol<br />

13.21%<br />

Oil purchased mostly through<br />

Mastek Sdn. Bhd. registered in<br />

Malaysia<br />

Taurus<br />

17.81%<br />

Oil purchased mostly through<br />

Italtech SRL registered in Italy<br />

Bayoil<br />

18.85%<br />

Oil purchased mostly through<br />

Alc<strong>on</strong> Petroleum Ltd. &<br />

Fenar Petroleum Ltd.<br />

registered in Liechtenstein<br />

Iraq’s decisi<strong>on</strong> to value illicit income over political influence in Phase IX altered the typical<br />

distributi<strong>on</strong> of Iraqi oil to companies which had been principally based <strong>on</strong> nati<strong>on</strong>ality in prior<br />

phases. The four traders and the companies they used to purchase oil were not from the countries<br />

most favored by Iraq. As illustrated above in Chart A, Liechtenstein, Italy, Malaysia, and<br />

Switzerland replaced countries like France and China.<br />

Surcharges were assessed and paid <strong>on</strong> c<strong>on</strong>tracts financed by Bayoil, Taurus, Glencore, and Vitol<br />

in the surcharge phases. All four traders had some of the surcharges paid to Iraqi-c<strong>on</strong>trolled bank<br />

accounts through other entities and agents. Taurus and Vitol also paid certain surcharges directly<br />

to Iraqi-c<strong>on</strong>trolled bank accounts. All of these oil traders and companies deny knowingly making<br />

surcharge payments to the Government of Iraq.<br />

Certain practices developed to cope with the surcharges. Companies used a disclaimer in their<br />

c<strong>on</strong>tracts providing that the party to the c<strong>on</strong>tract was not involved in paying surcharges. The<br />

inclusi<strong>on</strong> of the disclaimer did not appear to prevent the payment of surcharges. In <strong>on</strong>e instance,<br />

an agent for Bayoil admitted to including the disclaimer in fabricated, after-the-fact agreements<br />

created to disguise the payment of surcharges. Companies sometimes attempted to disguise<br />

8 <strong>Committee</strong> oil financier table. Some companies lifted the oil c<strong>on</strong>tracted under previous phases in Phase<br />

IX. This Chart reflects <strong>on</strong>ly c<strong>on</strong>tracts executed in Phase IX, as opposed to the quantity of oil lifted in Phase<br />

IX, as menti<strong>on</strong>ed in other parts of the Report.<br />

REPORT ON PROGRAMME MANIPULATION–OCTOBER 27, 2005 PAGE 13 OF 623

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