The Volker Report: Much ado....

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In April 2004, United Nations Secretary General Kofi Annan appointed an independent, high-level inquiry to investigate the administration and management of the Oil-for-Food Programme in Iraq.

The Terms of Reference as decided by the Secretary General for the Committee appointed by him were as under:

TERMS OF REFERENCE OF

The Independent Inquiry Committee

The independent inquiry shall collect and examine information relating to the administration and management of the Oil-for-Food Programme, including allegations of fraud and corruption on the part of United Nations officials, personnel and agents, as well as contractors, including entities that have entered into contracts with the United Nations or with Iraq under the Programme:

(a) to determine whether the procedures established by the Organization, including the Security Council and the Security Council Committee Established by Resolution 661 (1990) Concerning the Situation between Iraq and Kuwait (hereinafter referred to as the "661 Committee") for the processing and approval of contracts under the Programme, and the monitoring of the sale and delivery of petroleum and petroleum products and the purchase and delivery of humanitarian goods, were violated, bearing in mind the respective roles of United Nations officials, personnel and agents, as well as entities that have entered into contracts with the United Nations or with Iraq under the Programme;

(b) to determine whether any United Nations officials, personnel, agents or contractors engaged in any illicit or corrupt activities in the carrying out of their respective roles in relation to the Programme, including, for example, bribery in relation to oil sales, abuses in regard to surcharges on oil sales and illicit payments in regard to purchases of humanitarian goods;

(c) to determine whether the accounts of the Programme were in order and were maintained in accordance with the relevant Financial Regulations and Rules of the United Nations.

Resolution 1538 (2004)

Adopted by the Security Council at its 4946th meeting, on 21 April 2004

The Security Council ,

Expressing the desire to see a full and fair investigation of efforts by the former Government of Iraq, including through bribery, kickbacks, surcharges on oil sales, and illicit payments in regard to purchases of humanitarian goods, to evade the provisions of resolution 661 (1990) of 6 August 1990 and subsequent relevant resolutions;

Concerned by public news reports and commentaries that have called into question the administration and management of the Oil-for-food Programme ( hereinafter the Programme) established pursuant to resolution 986 (1995) of 14 April 1995 and subsequent relevant resolutions, including allegations of fraud and corruption;

Affirming that any illicit activity by United Nations officials, personnel and agents, as well as contractors, including entities that have entered into contracts under the Programme, is unacceptable;

Emphasizing the importance of full cooperation with the independent high-level inquiry by all United Nations officials and personnel, the Coalition Provisional Authority, Iraq , and all other Member States ;

Affirming the letter of its President of 31 March 2004 welcoming the Secretary-General's decision to create an independent high-level inquiry to investigate the administration and management of the Programme and taking note of the details relating to its organization and terms of reference;

Welcomes the appointment of the independent high-level inquiry;

Calls upon the Coalition Provisional Authority, Iraq , and all other Member States , including their national regulatory authorities, to cooperate fully by all appropriate means with the inquiry;

Looks forward to receiving the inquiry's final report;

Decides to remain actively seized of the matter.