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asked the
Jordanian Government whether Alia was a genuine trucking company. He later told the Cole Inquiry, "I do not recollect ever being asked by anyone from AWB about who owned or controlled Alia, or whether it had connections with the Ministry of Transport. However, Alia's ownership was public knowledge and was not hidden." Both him and Alia's owner agree that they never disclosed Alia's part-ownership by the Iraqi Government to AWB. The Enquiry concluded that it could not for certain say that AWB was aware of the arrangement it had entered into with the Iraqi Government, however, much circumstantial evidence (suggestion of Alia by the Iraqi Government, sharp rise in its prices, knowledge that prices were determined by the Iraqi Government, lack of logistics detail offered by Alia, curious wording in faxes received by AWB) meant it had cause to be suspicious. AWB representatives admitted in a meeting with the UN investigators that it was 'debatable' whether senior management should have known of the kickbacks.
239:
held by assigned Iraqi
Ministry of Transportation employees. In 1999, it was arranged by the Ministry of Transportation for Alia to commence inland transportation of goods arriving at the Umm Qasr, Iraq's only port. Alia was to receive a commission on the cost of these goods, paid for initially by the company bringing goods into Iraq, and then tacked onto the total bill of the Iraqi Government. They advertised this new arrangement through their usual tender process. Under the sanctions regime, third parties were prohibited from engaging with the Government of Iraq unless they had Security Council approval. By having the party exporting goods (i.e. the humanitarian supplier) be the one to pay Alia, the Iraqi Government was able to disguise this.
254:
considered a reasonable transportation fee in Iraq. When the UN Inquiry interviewed the former Iraqi
Minister of Trade, he said that these fees were then added onto the original contract through after-sales service fees, making them revenue-neutral for AWB. Only a small part of the fees remained in the hands of the drivers and Alia, the majority being funnelled back to the Iraqi Government. Given these fees were added on top of the price of the wheat, this arrangement than had the effect of moving the proceeds from oil revenues from being used in humanitarian consumption to being placed in the form of currency in the hands of members of the Iraqi government. David Marr and Marion Wilkonson, both journalists with the
299:) was "satisfied that permitting the exportation will not infringe the international obligations of Australia". The UN Enquiry did not comment on whether the Australian Government should have known about the actions of the AWB. Through the Department of Foreign Affairs and Trade, the Government knew that AWB had entered into an arrangement with Alia. The Cole Inquiry found in "secret evidence" that the ownership of Alia was known since 1998 in the departments of Foreign Affairs, Defence and Prime Minister and Cabinet, as indicated by an intelligence report from a "foreign agency".
246:
Investigation that this was suggested by the Iraqi
Government. Given that inland transportation was in fact provided by government employees, this was described in the UN report as "tantamount to payments to the Government of Iraq for...the provision of inland transportation services". AWB did not disclose to the UN its arrangements with the Iraqi government, instead saying it paid discharge costs to unnamed 'maritime agents' of up to $ 12 per
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what Iraq was asking was outside the sanctions". Furthermore, it found that AWB attempted to hide and distance itself from the payments to Alia, using counter-parties and intermediaries to get the money to Alia, who in turn transferred it to the regime. The final report states that there was "no sensible basis for making these payments...at a cost to AWB, except to disguise AWB's making of payments to Alia".
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199:(single buyer) regime within Australia, where wheat growers were only able to sell on their wheat to a single desk. This was intended to prevent farmers under-cutting each other on price, and thus assure the highest price for Australian wheat. The AWB had sold wheat to Iraq since 1948, and was the single largest supplier of humanitarian goods to the nation during the Oil-for-Food Programme.
544:
217:. It was intended to weaken the Iraqi economy so that Saddam could not build up weapons for further wars. UN Security Council Resolution 661 prevented all states and their nationals from making funds available to Iraq. These sanctions were widely effective, leading to food shortages and international condemnation as the humanitarian crisis became clear.
377:
Cole
Inquiry concluded that from mid-1999, AWB had knowingly entered into an arrangement that involved paying kickbacks to the Iraqi government, in order to retain its business. It cleared Government bureaucrats and ministers from wrongdoing, however, it recommended criminal prosecutions be begun against former AWB executives.
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The
Australian Securities and Investments Commission proceeded with several civil cases against six former directors and officers of AWB; some of which have been discontinued on terms that the parties bear their own costs. ASIC decided to discontinue the proceedings after forming the view that it was
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Alia was established in 1994 as a
Jordanian-registered transportation company, intended to refurbish Iraqi vessels stranded off the coast of Jordan for commercial use. 51% ownership was held by a Jordanian national, who held them on behalf of a close Iraqi associate, and the remaining two shares were
152:
entity operating a single desk regime over
Australian wheat, meaning it had the sole ability to export Australian wheat, which it paid a single, fixed price for. In the mid-2000s, it was found to have been, through middlemen, paying kickbacks to the regime of Saddam Hussein, in exchange for lucrative
279:
AWB told the UN investigation that it believed the fees it was paying to Alia were genuine transportation fees, and was not aware of its ownership and operations being so tied to the Iraqi
Government, nor of the fact that it was paying kickbacks to the regime. It also produced correspondence between
253:
The initial cost of these transportation contracts in 1999 was $ 10 to $ 12/t. These rates rose by up to 50% the following year, then increased from 2001 until the just before the invasion to between $ 45 and $ 56/t. These increases were offered with no explanation, and were far beyond what could be
194:
The
Australian Wheat Board was a statutory authority established in 1939. AWB Limited was the company that resulted from its privatisation in 1999. The kick-backs scandal engulfed both bodies. The Australian Wheat Board and AWB Limited enjoyed a monopoly over the sale of Australian wheat exports. It
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290 million. Cole's findings agreed with the UN Report in finding this money was paid, often indirectly, to a Jordanian transportation company, Alia, who kept a small percentage of the fees, and paid the remainder onto Saddam's government. This breached the sanctions placed on the Iraqi regime. The
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The scandal resulted in international condemnation and litigation. Although the United States successfully pursued criminal charges against several citizens and others in its borders, the Australian criminal investigation into AWB was eventually dropped. Civil charges have however been successful.
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The Cole Inquiry delved in much greater detail into the breaches by AWB. Mark Emons, the manager of AWB's Middle East operations, told the inquiry that he, and Dominic Hogan from AWB's Cairo office, at the very first meeting at which the prospect of certain arrangements were broached in 1999 "knew
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Alia's owner told the UN inquiry that he believed AWB knew his company did not actually provide transportation services, but he had not spoken to AWB about the matter. Alia's General Manager, Othman al-Absi, said that AWB had been very interested in the capacity of Alia to transport wheat, and had
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The final report was released on 27 October 2005. It accused almost half of the companies operating in Iraq during the time of the Oil-for-Food Programme to have paid either kickbacks or illegal surcharges to secure Iraqi business. In special reference to AWB, it stated that "little doubt remains
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The crisis brought about a significant loss of support for the AWB's monopoly power over the sale of Australian wheat. As early as February 2006, the Government expressed displeasure with its monopoly, saying it could be used as a bargaining chip in international trade negotiations. The AWB
443:, the former Chairman of AWB, and Peter Geary, the former Group General Manager Trading of AWB, were dismissed. Flugge was later fined $ 50,000 and banned from managing a company for 5 years, for failing to inquire about AWB's payments to the Iraqi regime. AWB's managing director at the time,
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Prior to 1999, AWB had only been responsible for shipping wheat up to the port of entry in Iraq. However, in July 1999 it entered into this new contract with the Iraqi Government that had AWB assume responsibility, through Alia, of transporting wheat to points throughout Iraq. AWB told the UN
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In response to this, the Oil-for-Food Programme was begun. It allowed Iraq to sell oil to the rest of the world, provided the returns from this were kept in a UN bank account. This money could then be used by the regime, with UN oversight, to purchase a strict list of humanitarian supplies.
428:, alleging the Australian wheat exporter used bribery and other corrupt activities to corner grain markets. The growers claimed that AWB used the same techniques to secure grain sales in other markets in Asia and other countries in the Middle East. The lawsuit was dismissed in March 2007.
172:. Several Australian civil cases were however successful. Since the payments were discovered, AWB Limited has undergone a major restructuring, losing its monopoly supply of Australia wheat exports, and appointing an entirely new management. However, its profitability continues to suffer.
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In August 2009, the Australian Federal Police dropped their investigation into any criminal actions undertaken by AWB and others in this matter. This decision came after Paul Hastings QC declared the prospect of convictions was limited and "not in the public interest".
336:. Its terms of enquiry were to "collect and examine information relating to the administration and management of the Oil-for-Food Program...including entities that have entered into contracts with the United Nations or with Iraq under the Programme."
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published a list of 270 persons and entities who were given oil vouchers for helping Saddam Hussein. The report alleged clear violation of the agreements of the Oil-for-Food Programme established fourteen years earlier and ending the year before.
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The UN investigation concluded that AWB paid over $ 221.7 million in 'inland transportation costs'. This totalled more than 14% of the illicit funds the Iraqi Government procured through kickback schemes over this time.
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The Oil-for-Food Programme however in itself faced criticism, with many alleging that it was too expensive to administer and liable to abuse. The programme was discontinued on the lead-up to the invasion of Iraq.
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The Cole Inquiry recommended that 12 people be investigated for possible criminal and corporations offences over the scandal. It wanted this to occur through a "joint task force comprising the
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Although AWB and by extension the Australian Government were not the only entities to be implicated in the Oil-for-Food scandal, the event earned a place in Australian political consciousness.
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found that the Australian Wheat Board, and later AWB Limited, were not the only, but certainly the largest source of kickbacks to the Iraqi regime. The Australian Government also launched a
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in which the Department advised it could see "no reason from an international legal perspective" that AWB could not enter into a commercial agreement with a Jordanian-based company.
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The invasion took place on 20 March. By 1 May, the government of Saddam Hussein was defeated, although resistance and insurgency against the military occupation still continued.
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AWB Limited has undergone a major restructuring, losing its monopoly supply of Australia wheat exports, and appointing an entirely new management. Its profitability has suffered.
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260:, wrote that the "beauty of the rort from AWB's point of view was that Australia's wheat farmers didn't pay a cent. The money was all coming out of the UN's escrow account".
463:. The scandal caused significant concern. The Australian Government attempted to distance itself from the AWB, who from 1999 had been restructured into a private company.
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The initial UN investigation was only partly interested in AWB, and was unable to decisively conclude whether it knew that it was breaching sanctions. The later Australian
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However, transportation services were in fact provided by employees of the Iraqi Government, who also negotiated with the humanitarian supplier the size of the commission.
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on 27 November 2006. The inquiry found that, at the insistence of the Iraq government of dictator Saddam Hussein, the AWB agreed to pay 'transportation fees' of around
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scheme=AGLSTERMS. AglsAgent; corporateName=State Library of New South Wales; address=Macquarie Street, Sydney (8 June 2022).
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In response to the UN Report, the Government sanctioned a royal-commission into the allegations, headed by Honourable
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A civil case was brought by shareholders of AWB, and was settled out of court for $ 39.5 million in February 2010.
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that AWB made large numbers of payments to Alia, and these payments in turn were channelled to the Iraqi regime."
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1511:"The systemic failure of Australian Department of Foreign Affairs and Trade to prevent AWB's corrupt contracts"
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Under Australian legislation, all shipments to Iraq were banned unless the Foreign Minister (at the time, the
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no longer in the public interest to pursue its claims. Eventually the most serious of ASIC's charges against
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wheat contracts. This was in direct contradiction of United Nations Sanctions, and of Australian law.
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Report of the Inquiry into certain Australian companies in relation to the UN Oil-for-Food Program
354:. The Commission called to the stand many prominent members of the Government, including the then
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In response to this, the UN launched an independent inquiry into the programme, headed by former
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361:, the first Australian Prime Minister to face a judicial inquiry in more than twenty years. The
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Two books have so far been published on the scandal. The first was by Stephen Bartos, entitled
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AWB delivered 90% of the Iraqi wheat market before its practices were questioned in 2005.
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The UN Report recommended a structuring of the way the UN administers many programmes.
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1211:"Former AWB Chairman Trevor Flugge banned for five years over oil-for-food scandal"
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On 11 July 2006, North American farmers claimed $ 1 billion in damages from AWB at
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Paul Volcker, former US Federal Reserve Chairman, led the independent UN inquiry
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Independent Inquiry Committee into the United Nations Oil-for-Food Program,
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Independent Inquiry Committee into the United Nations Oil-for-Food Program,
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Independent Inquiry Committee into the United Nations Oil-for-Food Program,
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Independent Inquiry Committee into the United Nations Oil-for-Food Program,
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Independent Inquiry Committee into the United Nations Oil-for-Food Program,
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Independent Inquiry Committee into the United Nations Oil-for-Food Program,
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Independent Inquiry Committee into the United Nations Oil-for-Food Program,
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Independent Inquiry Committee into the United Nations Oil-for-Food Program,
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Independent Inquiry Committee into the United Nations Oil-for-Food Program,
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Independent Inquiry Committee into the United Nations Oil-for-Food Program,
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Independent Inquiry Committee into The United Nations Oil-for-Food Program
476:. in December 2010 and delisted from the Australian Securities Exchange.
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1185:"ASIC loses AWB case against Trevor Flugge a decade after Oil-for-Food"
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Following the Iraqi invasion of Kuwait in 1990, the United Nations had
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902:. Independent Enquiry Committee Oil-for-Food Program. Archived from
1155:"ASIC launches civil penalty action against former officers of AWB"
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into the company's role in the scandal was completed and tabled by
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share-price continued to suffer, and the company was acquired by
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1475:- in depth report on the Cole Inquiry and the evidence before it
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979:. Australian Department of the Attorney-General. Archived from
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Against the grain : the AWB scandal and why it happened
455:
When the scandal was uncovered, Australia was part of the
1444:"The call to widen the Cole Inquiry's Terms of Reference"
870:"Backgrounder: The Impact of the UN Oil-for-Food Scandal"
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Discovery of breaches of Australian and international law
148:. For much of the 20th and early 21st century, it was an
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in Iraq, where it had helped depose the government of
1285:"Kickback: Inside the Australian Wheat Board scandal"
1259:
Against the Grain The AWB Scandal and Why it Happened
1139:. Australian Broadcasting Corporation. Archived from
27:
Payment of kickbacks by AWB Limited to Saddam Hussein
732:
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Kickback: Inside the Australian Wheat Board Scandal
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Kickback: Inside the Australian Wheat Board Scandal
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900:"Independent Enquiry Committee Terms of Reference"
402:Australian Securities & Investments Commission
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144:is a major grain marketing organisation based in
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1033:Vol 1: Findings, Recommendations and Background
851:Vol 1: Findings, Recommendations and Background
929:. Council on Foreign Relations. Archived from
876:. Council on Foreign Relations. Archived from
215:imposed a financial and trade embargo on Iraq
8:
1308:: CS1 maint: multiple names: authors list (
32:
927:"Backgrounder - Iraq: Oil for Food Scandal"
560:List of Australian political controversies
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973:"Summary, Recommendations and Background"
1106:"Federal police drop AWB investigation"
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282:Department of Foreign Affairs and Trade
136:in contravention of the United Nations
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1246:", AWB Limited. Retrieved 25 May 2010
7:
582:Banham, Cynthia (11 February 2006).
1653:United Nations Oil-for-Food scandal
1423:"This inquiry is only half the job"
480:Significance in Australian politics
195:achieved this through the use of a
138:Oil-for-Food Humanitarian Programme
1633:Agriculture companies of Australia
962:, 2006. Retrieved 27 November 2006
350:, a former Judge of Appeal of the
25:
1544:"Deceit by the truckload: Part 2"
1465:"Deceit by the truckload: Part 1"
132:to the regime of Iraqi president
1131:Casben, Liv (15 February 2010).
1076:"US court dismisses AWB lawsuit"
1013:from the original on 27 May 2010
584:"Scandal costs AWB its monopoly"
542:
528:
514:
380:The kickbacks also breached the
1638:Political scandals in Australia
1603:. 17 April 2006. Archived from
1570:. 10 April 2006. Archived from
1133:"AWB to pay shareholders $ 40m"
1492:. News Limited. Archived from
1052:. 11 July 2006. Archived from
1009:. ABC News. 27 November 2006.
956:Cole Recommends Criminal Probe
1:
352:New South Wales Supreme Court
1328:Cole, Terence (Commissioner)
382:OECD Anti-Bribery Convention
1648:Grain industry of Australia
1368:Volcker, Paul A. (Chairman)
451:Effect on foreign relations
356:Prime Minister of Australia
128:) refers to the payment of
1689:
1046:"US wheat farmers sue AWB"
280:itself and the Australian
206:
187:
1549:The Sydney Morning Herald
1470:The Sydney Morning Herald
1431:The Sydney Morning Herald
1338:Commonwealth of Australia
733:Overington: Kickback 2007
697:The Sydney Morning Herald
693:"Deceit by the truckload"
648:Overington: Kickback 2007
636:Overington: Kickback 2007
624:Overington: Kickback 2007
588:The Sydney Morning Herald
394:Australian Federal Police
276:was far less charitable.
170:Australian Federal Police
122:AWB oil-for-wheat scandal
33:AWB oil-for-wheat scandal
18:AWB Oil-for-Wheat Scandal
1256:Bartos, Stephen (2006).
1003:"Cole Inquiry Slams AWB"
457:Coalition of the Willing
124:(also known just as the
67:in contravention of the
1489:The Weekend Australian
1262:. Sydney: UNSW Press.
1161:. ASIC. Archived from
325:
234:Transportation schemes
209:Oil-for-Food Programme
203:Oil-for-Food Programme
72:Oil-for-Food Programme
1591:"Cash Crop: Part Two"
1558:"Cash Crop: Part One"
1484:"More than a cuckold"
1379:(PDF). Archived from
1352:. Allen & Unwin.
1242:10 March 2010 at the
323:
310:In 2004, Iraqi daily
257:Sydney Morning Herald
150:Australian Government
1480:Overington, Caroline
1346:Overington, Caroline
1289:State Library of NSW
1143:on 16 February 2010.
1102:Overington, Caroline
330:U.S. Federal Reserve
229:AWB kickbacks regime
1370:(27 October 2005).
880:on 11 December 2009
500:Caroline Overington
34:
1663:2000s in Australia
1658:1990s in Australia
1509:Weisser, Rebecca.
1386:on 23 August 2013.
1191:. 15 December 2016
1104:(29 August 2009).
925:Otterman, Sharon.
326:
268:Level of knowledge
1542:(16 April 2006).
1540:Wilkinson, Marian
1463:(14 April 2006).
1421:(14 April 2006).
1359:978-1-74175-194-9
1330:(November 2006).
1269:978-0-86840-965-8
1237:Corporate History
1159:ASIC Media Centre
906:on 23 August 2010
868:McMahon, Robert.
691:(15 April 2006).
689:Wilkinson, Marian
488:. The second was
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63:to the regime of
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1482:(4 March 2006).
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1612:. Retrieved
1608:(transcript)
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1596:Four Corners
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1563:Four Corners
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109:Cole Inquiry
78:Participants
29:
1643:Grain trade
1461:Marr, David
1400:|work=
1007:7.30 Report
874:11 May 2006
685:Marr, David
550:Iraq portal
498:journalist
359:John Howard
190:AWB Limited
184:AWB Limited
142:AWB Limited
126:AWB scandal
82:AWB Limited
59:Payment of
51:AWB scandal
1627:Categories
1614:7 December
1581:7 December
1530:7 December
1500:7 December
1321:References
1035:, p lxxxii
840:p 324-325.
474:Agrium Inc
416:Litigation
400:, and the
179:Background
1524:(opinion)
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1426:(opinion)
1402:ignored (
1392:cite book
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823:Volcker,
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610:Volcker,
467:AWB today
404:(ASIC)".
332:Chairman
197:monopsony
146:Australia
130:kickbacks
111:(2005–06)
105:(2004–05)
96:Inquiries
61:kickbacks
1348:(2007).
1304:cite web
1294:30 April
1240:Archived
1137:ABC News
1011:Archived
853:, p xxii
506:See also
411:Outcomes
38:Location
1080:The Age
313:Al Mada
88:Outcome
1601:ABC TV
1568:ABC TV
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1169:24 May
1116:24 May
1086:24 May
1060:24 May
1017:9 July
987:24 May
937:25 May
910:25 May
884:25 May
827:p 315.
814:p 325.
798:p 314.
780:p 312.
764:p 316.
748:p 304.
723:p 313.
702:26 May
663:p 302.
614:p 311.
593:29 May
1384:(PDF)
1377:(PDF)
566:Notes
248:tonne
56:Cause
1616:2014
1583:2014
1532:2014
1502:2014
1404:help
1354:ISBN
1310:link
1296:2023
1264:ISBN
1223:2018
1197:2018
1171:2010
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