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 According to Mr. Boidevaix, for that reason no allocation was given to Vitol in Phases XI and XII. 128 A surcharge was paid on the Vitol and Mr. Boidevaix contract in Phase IX. Mr. Boidevaix admitted that he heard details about the payment. Two undated handwritten documents were recovered from Mr. Boidevaix that relate to the surcharge payment on the contract in Phase IX. The following handwritten notes are on one piece of paper: “250217.25 Peakwilli Hong Kong.” Another paper has the following handwritten notes: “250217.25 Peackwilli Hong Kong 31 May Eliki.” The notes appear to reference the Eliki vessel that lifted oil under a Vitol and Mr. Boidevaix contract on May 31, 2001. The reference to $250,217.25 appears to be the amount of the first surcharge payment made to SOMO on the Phase IX contract. Additionally, the surcharge was paid through an entity named Peakville Limited. Vitol is discussed in Section VI.E below. 129 Figure: Serge Boidevaix handwritten notes (undated). 128 Serge Boidevaix interview (Oct. 4, 2005); Robin D’Alessandro interview (Oct. 10, 2005). 129 Committee oil surcharge table, contract nos. M/09/97, M/10/78; Fransabank record, SOMO account, credit advices (June 25 and Aug. 31, 2001); Boidevaix record, handwritten notes (undated) (showing notes related to “Peakwilli Hong Kong”); Committee oil surcharge table, contract no. M/10/07; SOMO bill of lading, bbl/3123 (May 31, 2001) (relating to M/10/07); Serge Boidevaix interview (Oct. 4, 2005); Confidential document; Committee oil company table, contract no. M/09/97 (showing that surcharges in the amount of $545,801 were paid); Fransabank record, SOMO account, credit advices (June 23, 2001) (showing transfer of $250,217.00 from Peakville Limited’s account at HSBC Hong Kong), (Aug. 31, 2001) (showing transfer of $108,000.00 from Peakville Limited’s account at HSBC Hong Kong), (Aug. 31, 2001) (showing transfer of $187,583.70 from Peakville Limited’s account at HSBC Hong Kong) (each translated from French and Arabic); Wire transfers through HSBC Hong Kong correspondent account at HSBC New York (Aug. 27, 2002), (July 23, 2003), (Aug. 25, 2003); Credit Lyonnais (Suisse) S.A. record, Vitol S.A. account opening documentation (Sept. 28, 2000) (showing Mr. Favre as having individual signing authority over the account and Vitol S.A.’s address as “Rue des Bains 33, P.O. Box 162, 1211, Geneva”); Jordan National Bank record, SOMO account, credit advice (Jan. 16, 2003) (translated from Arabic). REPORT ON PROGRAMME MANIPULATION–OCTOBER 27, 2005 PAGE 72 OF 623
INDEPENDENT INQUIRY COMMITTEE INTO THE UNITED NATIONS OIL-FOR-FOOD PROGRAMME REPORT ON PROGRAMME MANIPULATION CHAPTER TWO OIL TRANSACTIONS AND ILLICIT PAYMENTS When asked about the second note, Mr. Boidevaix stated that one day he received a call from a female employee of Vitol, not Ms. D’Alessandro, who instructed him to write this information down. After getting off the telephone call with her, he tried to call Ms. D’Alessandro, but was initially unable to reach her. According to Mr. Boidevaix, when he reached her a few days later, he told her that Vitol should not pay surcharges, and she confirmed that Vitol would not. He said that about two weeks later, she called him and informed him that SOMO would no longer sell oil to Vitol. 130 Ministry of Oil records show that surcharges were also paid on a Vitol and Mr. Boidevaix contract in Phase IX, after this conversation between Mr. Boidevaix and Vitol. In Phases IX and X, $786,789 in surcharges was paid on their contracts. Additionally, Ministry of Oil records contain a letter from Mr. Boidevaix nominating Devon Petroleum to lift his allocation in Phase XI. However, the oil was never lifted. As explained in Section VI.E., Vitol financed other oil transactions through Devon Petroleum in surcharge phases. 131 130 Serge Boidevaix interview (Oct. 4, 2005); Robin D’Alessandro interview (Oct. 10, 2005); Confidential source; Jean-René Farthouat and Nathalie Roret letter to the Committee (Oct. 17, 2005). 131 Committee oil surcharge table, contract nos. M/09/97, M/10/78; Fransabank record, SOMO account, credit advices (June 25 and Aug. 31, 2001) (translated from French and Arabic); Jordan National Bank record, SOMO account, credit advice (Jan. 16, 2003) (translated from Arabic); SOMO record, Serge Boidevaix letter to SOMO (Mar. 6, 2002) (nominating Devon Petroleum to lift any allocation to Mr. Boidevaix in Phase XI; the letter is marked as being received by SOMO on March 6, 2002); Committee oil financier table, contract nos. M/10/34, M/10/62, M/10/85, M/11/46, M/11/100. REPORT ON PROGRAMME MANIPULATION–OCTOBER 27, 2005 PAGE 73 OF 623
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report on programme manipulation - Independent Inquiry Committee

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