Oil-for-Food Programme

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Oil-for-Food Programme
AbbreviationOIP, OFFP
Formation1995
Legal statusDissolved in 2003
Head
Benon Sevan
Parent organization
United Nations Secretariat
Websitewww.un.org/Depts/oip

The Oil-for-Food Programme (OIP) was established by the United Nations in 1995 (under UN Security Council Resolution 986)[1] to allow Iraq to sell oil on the world market in exchange for food, medicine, and other humanitarian needs for ordinary Iraqi citizens without allowing Iraq to boost its military capabilities.

The programme was introduced by United States President

administration in 1995,[2] as a response to arguments that ordinary Iraqi citizens were inordinately affected by the international economic sanctions aimed at the demilitarisation of Saddam Hussein's Iraq, imposed in the wake of the first Gulf War. The sanctions were discontinued on 21 November 2003 after the U.S. invasion of Iraq, and the humanitarian functions turned over to the Coalition Provisional Authority.[3]

The programme was de facto terminated in 2003 and de jure terminated in 2010. Although the sanctions were effective, there were revelations of widespread corruption in the programme and abuse of its funds.

Background and design

The Oil-for-Food Programme was instituted to relieve the extended suffering of civilians as the result of the United Nations' imposition of

comprehensive sanctions on Iraq following Iraq's invasion of Kuwait in August 1990. Security Council Resolution 706 of 15 August 1991 was introduced to allow the sale of Iraqi oil in exchange for food.[4]

Security Council Resolution 712 of 19 September 1991 confirmed that Iraq could sell up to US$1.6 billion in oil to fund an Oil-For-Food Programme.[5] After an initial refusal, Iraq signed a memorandum of understanding (MOU) in May 1996 for arrangements to be taken to implement that resolution.

The Oil-for-Food Programme started in December 1996, and the first shipments of food arrived in March 1997. Sixty percent of Iraq's twenty-six million people were solely dependent on rations from the oil-for-food plan.

The programme used an escrow system. Oil exported from Iraq was paid for by the recipient into an escrow account possessed until 2001 by BNP Paribas bank, rather than to the Iraqi government. The money was then apportioned to pay for war reparations to Kuwait, ongoing coalition and United Nations operations within Iraq. The remainder, the majority of the revenue, was available to the Iraqi government to purchase regulated items.

The Iraqi government was permitted to purchase only items that were not

folic acid
, were reviewed in a process that typically took six months before shipment was authorized. Items deemed to have any potential application in chemical, biological or nuclear weapons systems development were not available to the regime, regardless of stated purpose.

Financial statistics

Over US$53 billion worth of

weapons inspection programme was also paid from these funds. Internal audits have not been made public.[6]

End of the programme

Shortly before US-led Coalition forces launched an invasion of Iraq, UN Secretary-General Kofi Annan suspended the programme and evacuated more than 300 workers monitoring the distribution of supplies.

On 28 March 2003, Annan, the United States, and Britain asked the UN Security Council to ensure that nearly US$10 billion in goods Iraq had ordered and that were already approved—including US$2.4 billion for food—could enter the country once conditions allowed. The resolution under discussion made clear that the chief responsibility for addressing humanitarian consequences of the war would fall to the United States and Britain if they took control of the country. Under the 1949 Fourth Geneva Convention these are the responsibilities of the occupying power.

On 22 May 2003,

UN Security Council Resolution 1483 granted authority to the Coalition Provisional Authority to use Iraq's oil revenue. The programme's remaining funds, $10 billion, were transferred over a six-month winding-up period to the Development Fund for Iraq
under the Coalition Provisional Authority's control; this represented 14% of the programme's total income over 5 years.

The programme was formally terminated on 21 November 2003 and its major functions were turned over to the Coalition Provisional Authority.[8]

Abuse

The programme also suffered from widespread corruption and abuse. Throughout its existence, the programme was dogged by accusations that some of its profits were unlawfully diverted to the government of Iraq and to UN officials. These accusations were made in many countries, including the US and Norway.[9]

Until 2001, the money for the Oil-for-Food Programme went through

Total S.A.
in 2003.

Misapplication of funding

According to information from Aqila al-Hashimi, who was senior bureaucrat with the Oil-for-Food Programme in Iraq, of the programme's total of $60 billion, "roughly 65% was actually applied to aid".[11] Over 193 so-called electrical consultants each received $15,000 per month while the electricity only worked a few hours at a time.[12]

Louise Frechette, rejected any such investigation, claiming that it would be too expensive to be worthwhile. UN Chef de Cabinet Iqbal Riza ordered the shredding of years' worth of documents in his office concerning the programme. He said that they were from a working file that contained copies of documents received by his office, and were purged due to lack of space, and also that the originals were held elsewhere.[14]

In response to these criticisms, and to evidence acquired after the 2003 invasion of Iraq, accusations were made that skimmed profits were being used to buy influence at the UN and with Kofi Annan himself. An investigation cleared Annan of any personal wrongdoing.[15]

Adulterated foods

According to an interim report released on 3 February 2005 by former Federal Reserve chairman Paul Volcker's commission (see #Investigations below), much of the food aid supplied under the programme "was unfit for human consumption". The report concluded that Sevan had accepted nearly $150,000 in bribes over the course of the programme, and in 2005 he was suspended from his position at the United Nations as a result of the fraud investigation.[16]

Al Mada list

One of the earliest allegations of wrongdoing in the programme surfaced on 25 January 2004, when

Iraqi Oil Ministry
.

Named in the list of beneficiaries were

Daily Telegraph, which had reported the allegations.[20][21]

The president of Oilexco Ltd, Arthur Millholland, whose name also appeared on the al Mada list, denied wrongdoing but confirmed that illegal surcharges were being paid to the Iraqi government by contractors.[22] Few deny that in Iraq, like in many third-world countries, bribes and kickbacks were regularly paid to the leadership in order to get contracts; however, the al Mada list does not discuss bribes paid to Iraq – it discusses bribes paid to individuals to support Iraq.

Operation of the scheme

The scheme is alleged to have worked in this way: individuals and organizations sympathetic to the Iraqi regime, or those just easily bribed, were offered oil contracts through the Oil-for-Food Programme. These contracts for Iraqi oil could then be sold on the open world market and the seller was allowed to keep a transaction fee, said to be between $0.15 and $0.50/barrel (0.94 and 3.14 $/m³) of oil sold. The seller was then to refund the Iraqi government a certain percentage of the commission.

Contracts to sell Iraq humanitarian goods through the Oil-for-Food Programme were given to companies and individuals based on their willingness to kick back a certain percentage of the contract profits to the Iraqi regime. Companies that sold commodities via the Oil-for-Food Programme were overcharging by up to 10%, with part of the overcharged amount being diverted into private bank accounts for Saddam Hussein and other regime officials and the other part being kept by the supplier.

The involvement of the UN itself in the scandal began in February 2004 after the name of Benon Sevan, executive director of the Oil-for-Food Programme, appeared on the Iraqi Oil Ministry's documents. Sevan received vouchers for at least 11,000,000 barrels (1,700,000 m³) of oil, worth some $3.5 million in profit. Sevan denied the charges.

BNP Paribas

The sole bank handling funds transfers for the Oil-for-Food Programme was the New York branch of the Banque Nationale de Paris-Paribas, or

US House Committee on International Relations
found that BNP Paribas made payments for goods without proof of delivery and allowed payments to third parties not identified as authorized recipients. Investigators estimate that the bank received more than $700 million in fees under the UN programme, which began in 1996 and ended after the ouster of Saddam in March 2003.

Duelfer Report

The

weapons of mass destruction in Iraq, found that OFF saved the Iraqi economy from decline after the imposition of sanctions. Furthermore, the Iraqi regime found that it could corrupt OFF to get hard currency that could be used to manipulate the Iraq Sanctions Committee and undermine sanctions as well as to obtain more weapons.[23]

The final official version of the Iraq Survey Group report, known as the Duelfer Report, cited only France, Russia and China (countries who were also strongly anti-war) as violators who paid kickbacks.[

ChevronTexaco Corp. and the El Paso Corp.[26][verification needed] The list of US companies was originally censored by CIA lawyers, citing privacy issues,[27]
but was later leaked.

Nationality of
recipients
Oil received
(% of total volume)
 Russia 30
 France 15
 China 10
  Switzerland 6
 Malaysia 5
 Syria 6
 Jordan 4
 Egypt 4
Other (inc. US) 20

On 5 June 2007, the German chapter of the anti-corruption organisation

Federal Ministry for Economic Affairs and Energy
(BMWi) against 57 German companies for allegedly paying $11.9m in kickbacks in the United Nations' Oil for Food Programme in Iraq.

Oil coupons as bribes

The US-funded satellite network

Hamida Na'na [fr], a writer based in France known for her pro-Saddam positions. Two types of oil coupons were used: silver coupons that entitled holders to nine million barrels of oil, and gold coupons worth more.[vague] Hamida Naanaa is said[who?] to have received a gold coupon.[28]

Ingersoll-Rand pays $2.5m in fines for kickbacks

In October 2007,

ABG, subsidiary I-R Italiana and the Irish subsidiary Thermo King paid "after-sales service fees" (ASSFs), although no bona fide services were performed. Ingersoll-Rand, without admitting or denying the allegations in the commission's complaint, consented to the entry of a final judgment permanently enjoining it from future violations of Sections 13(b)(2)(A) and 13(b)(2)(B) of the Securities Exchange Act of 1934, ordering it to disgorge $1,710,034 in profits, plus $560,953 in pre-judgment interest, and to pay a civil penalty of $1,950,000. Ingersoll-Rand was also ordered to comply with certain undertakings regarding its compliance program for the Foreign Corrupt Practices Act
, and to pay a $2,500,000 fine pursuant to a deferred prosecution agreement with the U.S. Department of Justice, Fraud Section.

Complaints by Kurds

The

Sulaymaniya, even though the funds for the project had been available since 1998.[citation needed
]

Potential Annan link

On 14 June 2005, two 1998 memos surfaced that appeared to link Kofi Annan to Cotecna Inspection S.A. The first one described a meeting between Annan and Cotecna while the company was bidding on the programme, after which the company raised its bid. A second one mentioned that Cotecna was confident that they would get the bid due to "effective but quiet lobbying" in New York diplomatic circles. The source of the documents was a Cotecna executive.[citation needed]

The Second Interim Report by the IIC confirmed that Cotecna won the Oil for Food contract fairly and based on merit. The Committee concluded that there was no link between Kofi Annan and the award of Cotecna's contract, and Cotecna has been transparent and cooperative through this investigation.[citation needed]

Alleged involvement of Russian intelligence

According to high-ranking Russian

Alexander Voloshin and Vladimir Zhirinovsky. Sergei Isakov, a friend of Voloshin, carried "bags with money" from Moscow to Baghdad taking the "earned" money as kickbacks to Saddam.[31]

Alleged use for financing of Saddam Hussein regime

Fox News broke the story that Alexander Yakovlev, a Russian official in the UN Procurement Department, was involved; he later resigned and pleaded guilty to corruption charges. The program was also linked to Ahmed Idris Nasreddin, designated as a terrorist financier by Britain, the US and according to the UN "belonging to or affiliated with Al Qaeda." Nasreddin was removed from these lists in 2007 after he demonstrated that he had severed all business ties with Youssef Nada, who co-founded the Al Taqwa Bank with him, and pledged to have no further dealings with either Nada or the bank.[32] Petra Navigation Group was a company that was on the blacklist of firms blocked from doing business with the U.S. for sanctions-busting activities designed to help Saddam's regime.[33]

According to some sources, Saddam provided millions of dollars from the Oil-for-Food program to the

Mujahedin-e-Khalq.[34][35]

Oil for wheat