report on programme manipulation - Independent Inquiry Committee

More documents

Recommendations

Info

INDEPENDENT INQUIRY COMMITTEE INTO THE UNITED NATIONS OIL-FOR-FOOD PROGRAMME REPORT ON PROGRAMME MANIPULATION CHAPTER TWO OIL TRANSACTIONS AND ILLICIT PAYMENTS an increase of 2 million barrels of oil under contract M/09/39); E.O.T.C. (Isabel Lignereux) fax to Marc Rich + Co. (Ann Bickerstaffe) (Apr. 19, 2001) (attaching Oil Overseers approval of the amendment to contract M/09/39); Marc Rich + Co. Investment AG fax to E.O.T.C. (Jan. 26, 2001) (marked to the attention of “Mr. Claude Kaspereit – General Manager”) (confirming transaction dated January 25, 2001 for a purchase of 2 million barrels of oil from E.O.T.C. with lifts scheduled for February 2001) (“Payment to be effected from the letter of credit opened by the buyer on behalf of ‘E.O.T.C.’ in favour [sic] of the United Nations in BNP, New York. ‘E.O.T.C.’ will provide buyer, in a format acceptable to buyer and buyer’s bankers, with their authorization to open the letter of credit on behalf of ‘E.O.T.C.’”); Marc Rich + Co. Investment AG telex to E.O.T.C. (undated) (marked to the attention of “Mr. Claude Kaspereit – General Manager”) (refers to “new transaction with your company” for the purchase of 2 million barrels of oil from E.O.T.C. with lifts scheduled for April and May 2001) (using the same language); Scott Shepherd e-mail to BNP Paris (Patrice Alberti) (Mar. 20, 2001) (forwarding a letter of credit and instructions to “Please issue the following letter of credit under the full and entire responsibility of Marc Rich Investment AG, whose name must not be mentioned” by order of E.O.T.C. in favor of the United Nations); Marc Rich + Co. Investment AG (Tony Monckton) e-mail to BNP Paris (Patrice Alberti) (Mar. 20, 2001) (forwarding the letter of credit application by order of E.O.T.C. in favor of the United Nations under “full and entire responsibility of Marc Rich + Co. Investment AG” and specifying that “name of Marc Rich is not to appear on any transmission to BNP New . . . [Yor]k); Scott Shepherd e-mail to BNP (Mar. 23, 2001) (regarding an amendment to “our L/C…issued by your Paris office by order of: E.O.T.C. in favour [sic] of: The United Nations for a maximum amount of Euro 17,686,000.00); Marc Rich + Co. Investment AG (Scott Shepherd) telex to BNP Paris (Patrice Alberti) (Apr. 4, 20, 2001) (requesting that BNP Paris issue a “letter of credit under . . . and entire responsibility of Marc Rich + Co. investment ag. . . the name of marc rich is not to appear on any transmission to bnp new york.”); Marc Rich + Co. Investment AG e-mail to BNP Paris (Apr. 20, 2001) (forwarding the letter of credit application by order of E.O.T.C. in favor of the United Nations under “full and entire responsibility of Marc Rich + Co. Investment AG” and also specifying that the name of “Marc Rich + Co. Investment AG” “must not . . . [be me]ntioned”) (this document was only partially legible). In each instance, Marc Rich + Co. requested the issuance of the letter of credit and regularly directed that its name not be mentioned in transmissions to BNP New York. BNP invoiced and debited all costs and fees for these oil purchases to Marc Rich + Co. BNP Paris record, Marc Rich + Co. Investment AG, debit advice (Apr. 25, 2001) (informing Marc Rich + Co. Investment AG that its account was debited €21,889,389.78, including €17,677.37 for “BNP Paribas NY fees”); BNP Paris (Yannick Poirrier) telex to Marc Rich + Co. Investment AG (Scott Shepherd) (Apr. 25, 2001) (referencing €21,871,712.41 as the total drawing amount for the United Nations as the beneficiary covering 1,001,819 barrels of Kirkuk crude oil); BNP Paris telex to Marc Rich + Co. Investment AG (Scott Shepherd) (June 5, 2001) (advising that €27,814,065.84 would be debited from Marc Rich + Co. Investment AG for the benefit of the United Nations); Marc Rich Investment Ltd. telex to BNP Paris (May 18, 2001) (requesting an amendment to the letter of credit to adjust the price per barrel for and on behalf of Marc Rich and Co, Investment AG in reference to an order of E.O.T.C. in favor of the United Nations in the amount of €27,077,026.57); SOMO commercial invoice, C/74/2001 (May 23, 2001) (stating that the total value for the lift is €30,208,047.07); BNP Paris telex to Marc Rich + Co. Investment AG (June 19, 2001) (providing a documentary credit message noting that the Marc Rich + Co. Investment AG account would be debited for a payment of €30,232,513.51 to the United Nations with €30,208,047.47 for “documents value” and €24,466.44 for BNP New York’s fees); BNP Paris record, Marc Rich + Co. Investment AG, debit advice (June 21, 2001) (informing Marc Rich + Co. Investment AG that its account was debited €30,232,513.51). REPORT ON PROGRAMME MANIPULATION–OCTOBER 27, 2005 PAGE 64 OF 623
INDEPENDENT INQUIRY COMMITTEE INTO THE UNITED NATIONS OIL-FOR-FOOD PROGRAMME REPORT ON PROGRAMME MANIPULATION CHAPTER TWO OIL TRANSACTIONS AND ILLICIT PAYMENTS Figure: Marc Rich entity (Tony Monckton) e-mail to BNP Paris (Patrice Alberti) (Mar. 16, 2001). Figure: Marc Rich entity (Scott Shepherd) e-mail to BNP Paris (Patrice Alberti) (Apr. 20, 2001). Prior to each of the four oil lifts in Phase IX, Mr. Kaspereit authorized Marc Rich + Co.’s account managers at BNP Paris to issue letters of credit to the United Nations in the name of E.O.T.C. but under the full responsibility of Marc Rich + Co. Investment Ag, Zug: 110 E.O.T.C. hereby authorizes BNP Paribas, Paris to issue a letter of credit indicating, E.O.T.C. as the applicant and United Nations as the beneficiary, under the sole authority, direction and financial obligations of Marc Rich + Co. Investment AG, Zug. 111 3. Surcharge Payments A total of $1.83 million in surcharges were levied on three of E.O.T.C.’s four contracts under the Programme. E.O.T.C. paid a total of $1.4 million in surcharges on contracts M/09/39 and M/10/02 in Phase IX and Phase X, respectively. 112 On January 30, 2001, Mr. Kaspereit provided a written commitment that E.O.T.C. would pay the surcharges on contract M/09/39 to SOMO. 113 110 Claude Kaspereit letter to BNP Paris (Feb. 8, 2001); Claude Kaspereit letter to BNP (Mar. 20, 2001); Claude Kaspereit letter to BNP Paris (Apr. 23, 2001); Claude Kaspereit letter to BNP Paris (May 10, 2001). 111 Claude Kaspereit letter to BNP Paris (Feb. 8, 2001); Claude Kaspereit letter to BNP (Mar. 20, 2001) (emphasis added); Claude Kaspereit letter to BNP Paris (Apr. 23, 2001); Claude Kaspereit letter to BNP Paris (May 10, 2001). 112 Committee oil surcharge table, contract nos. M/09/39, M/10/02, M/11/26, M/12/62 (referencing that the total amount of surcharges levied on E.O.T.C. contracts was $1,830,491). Although E.O.T.C. executed contracts under Phases XI and XII, the company did not pay the surcharges assessed and SOMO records show these payments as due. Committee oil surcharge table, contract nos. M/09/39, M/10/02, M/11/26 and M/12/62. 113 Claude Kaspereit letter to Saddam Z. Hassan (Jan. 30, 2001). REPORT ON PROGRAMME MANIPULATION–OCTOBER 27, 2005 PAGE 65 OF 623
Page 1 and 2:
INDEPENDENT INQUIRY COMMITTEE INTO
Page 3 and 4:
Page 5 and 6: INDEPENDENT INQUIRY COMMITTEE INTO
Page 55: INDEPENDENT INQUIRY COMMITTEE INTO
Page 106 and 107:
Page 108 and 109:
Page 110 and 111:
Page 112 and 113:
Page 114 and 115:
Page 116 and 117:
Page 118 and 119:
Page 120 and 121:
Page 122 and 123:
Page 124 and 125:
Page 126 and 127:
Page 128 and 129:
Page 130 and 131:
Page 132 and 133:
Page 134 and 135:
Page 136 and 137:
Page 138 and 139:
Page 140 and 141:
Page 142 and 143:
Page 144 and 145:
Page 146 and 147:
Page 148 and 149:
Page 150 and 151:
Page 152 and 153:
Page 154 and 155:
Page 156 and 157:
Page 158 and 159:
Page 160 and 161:
Page 162 and 163:
Page 164 and 165:
Page 166 and 167:
Page 168 and 169:
Page 170 and 171:
Page 172 and 173:
Page 174 and 175:
Page 176 and 177:
Page 178 and 179:
Page 180 and 181:
Page 182 and 183:
Page 184 and 185:
Page 186 and 187:
Page 188 and 189:
Page 190 and 191:
Page 192 and 193:
Page 194 and 195:
Page 196 and 197:
Page 198 and 199:
Page 200 and 201:
Page 202 and 203:
Page 204 and 205:
Page 206 and 207:
Page 208 and 209:
Page 210 and 211:
Page 212 and 213:
Page 214 and 215:
Page 216 and 217:
Page 218 and 219:
Page 220 and 221:
Page 222 and 223:
Page 224 and 225:
Page 226 and 227:
Page 228 and 229:
Page 230 and 231:
Page 232 and 233:
Page 234 and 235:
Page 236 and 237:
Page 238 and 239:
Page 240:
show all

report on programme manipulation - Independent Inquiry Committee

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?