Volume 1
Contents
Summary, recommendations and background
Summary of events regarding AWB xiii
Findings lxxxi
Recommendations. lxxxiii
United Nations resolutions restricting trade with Iraq.. 1
Procedures adopted by the 661 Committee to approve contracts. 11
The Office of the Iraq Programme. 14
Variation to procedures: Security Council Resolution 1284. 14
Revised procedures: Security Council Resolutions 1409 and 1454. 16
Interpretation of Security Council resolutions. 21
Construction of paragraph 3(c) of Resolution 661. 24
UN Office of Legal Affairs advice. 25
The practice of the 661 Committee and the Secretary-General 29
Conclusion: interpretation of Security Council resolutions. 33
UN procedures related to notification and financing of contracts. 35
Contractual review by the United Nations. 51
2 Australian enforcement of United Nations resolutions. 63
The status of United Nations resolutions under Australian law... 63
Implementation of United Nations resolutions in Australian law... 64
The Customs (Prohibited Exports) Regulations 1958. 65
The Banking (Foreign Exchange) Regulations 1959. 70
3 Imposition of inland transportation fees and after-sales-service fees: Iraq documentation 85
Inland transportation fees. 86
The after-sales-service fee. 87
4 United Nations knowledge of breaches of sanctions: 1999 to 2003. 103
The Secretariat's state of knowledge. 104
The 661 Committee's state of knowledge. 114
5 United Nations investigation into the Oil-for-Food Programme. 123
The expressions 'illicit' and 'kickbacks' 126
The manner of approval of purchasing contracts. 128
Direct financial transactions with the Government of Iraq or Iraqi companies. 129
The Government of Iraq's purchasing structure. 131
Inland transportation costs. 133
Introduction of mandatory transportation charges. 133
Payment mechanisms for internal transportation fees. 135
Distribution of internal transportation fees. 135
The broadening of the kickback scheme. 136
Introduction of after-sales service fees. 136
Expansion of the transportation fee scheme. 137
Payment mechanisms for after-sales service fees. 138
Front companies. 138
Alia for Transportation and General Trade. 139
The final report's findings in relation to AWB.. 140
Alkaloids of Australia Pty Limited.. 150
6 The Letters Patent 159
Constitutional validity of the Letters Patent 160
Interpretation of the Letters Patent 161
A commissioner's role: amendment of Letters Patent 165
7 Conduct of the Inquiry: principles and procedures. 171
Investigations and hearings. 173
Legal professional privilege. 185
Reform of the Royal Commissions Act 1902. 191
Public interest immunity claims. 192
Dissemination of public materials. 194
The requirements of procedural fairness. 194
Notification of adverse evidence. 195
The nature of an adverse finding. 197
Publication of Counsel Assisting's submissions. 198
8 AWB's approach to investigation and disclosure. 203
The Canadian complaint: January to March 2000. 204
The US Wheat Associates complaint: June 2003. 206
The UN Independent Inquiry Committee inquiry: 2004 and 2005. 223
