THE INDEPENDENT HIGH-LEVEL INQUIRY OF THE OIL-FOR-FOOD PROGRAM

In April 2004, United Nations Secretary-General Kofi Annan announced the formation of a high-level Independent Inquiry Commission charged with conducting an inquiry into allegations of impropriety in the operation and management of the Iraq Oil-for-Food Program. The Commission is chaired by the respected former U.S. Federal Reserve Chairman, Paul Volcker. Its other two members are Justice Richard Goldstone of South Africa, who previously served as the Chief Prosecutor of the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda, and Mark Pieth of Switzerland, a Professor of Criminal Law and Criminology at the University of Basel with expertise in money-laundering.

Chairman Volcker announced the appointment of the Commission's senior staff in June 2004. The staff includes a former Canadian deputy foreign minister, a respected Swiss judge, former US prosecutors, attorneys and investigators, all of whom contribute an unparalleled breadth of experience.

To ensure the Commission can conduct a full and thorough investigation, the following steps have been implemented:

• Unrestricted access to all relevant documents. The Commission has immediate and unrestricted access to all relevant documents under the UN's control. Because many of the documents and contracts contain confidential information about private companies and to assure the credibility of the investigation, all UN agencies, funds and programs which were involved in Oil-for-Food contracts have been advised not to disclose information to any parties outside of the high-level Commission.

• Agreement on Access to Records. The Commission has reached an agreement with U.S. and Iraqi authorities with regard to access to OFFP records in Baghdad. The Commission will access the records through the international accounting firm of Ernst and Young LLP, which was retained by the Iraqi and U.S. authorities to organize Iraqi records related to OFFP.

• UN member states pledge cooperation. Security Council Resolution 1538 was approved on April 21, 2004 with unanimous support pledging the full cooperation of Member States in the investigation.

• UN personnel instructed to cooperate. The Secretary General instructed all UN staff to cooperate fully with the Commission's investigation as a condition of employment. The Secretary General has stated that UN personnel who do not fully cooperate with the independent investigation will be face disciplinary action and possible dismissal.

• Protection for whistleblowers. Whistle-blower protection is available to protect officials and personnel, as appropriate, from improper repercussions resulting from their cooperation with the inquiry.

• Funds to Begin Work. The UN has already approved $4 million in start-up costs. When the Investigative Committee is ready to present a budget, more funds will be made available as needed.

• Interim Report and Findings. On August 7, 2004, the Commission issued a three-month update report detailing the progress it has made on the inquiry. It will begin to share its findings and an appropriate disclosure of investigative findings with the public as soon as practicable.

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