II 

109TH CONGRESS 

1ST SESSION S. 291 

To require the withholding of United States contributions to the United 

Nations until the President certifies that the United Nations is cooperating in the investigation of the United Nations Oil-for-Food Program. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 3, 2005 

Mr. ENSIGN (for himself, Mr. CHAMBLISS, Mr. CORNYN, Mr. KYL, Mr. 

SANTORUM, Mr. ALLARD, Mr. GRAHAM, Mr. SMITH, and Mr. CRAPO) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To require the withholding of United States contributions 

to the United Nations until the President certifies that 

the United Nations is cooperating in the investigation 

of the United Nations Oil-for-Food Program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘United Nations Oil5 for-Food Accountability Act of 2005’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 
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1 (1) There have been allegations of substantial 

2 fraud and corruption in the administration and man3 agement of the oil-for-food program. 

4 (2) The United Nations received 2.2 percent of 

5 the proceeds of the sale of the oil exported from Iraq 

6 under the oil-for-food program, approximately 

7 $1,400,000,000, to fund the programs administra8 tive and operational costs. 

9 (3) The Permanent Subcommittee on Investiga10 tions of the Committee on Homeland Security and 

11 Governmental Affairs of the Senate estimates that 

12 during the period from 1991 through 2002, the 

13 former Iraqi regime received $21,300,000,000 in il14 legal revenues from the oil-for-food program, includ15 ing $13,600,000,000 received from oil smuggled out 

16 of Iraq, $4,400,000,000 received from kickbacks on 

17 humanitarian goods, and $644,000,000 received 

18 from surcharges on oil purchases and investment of 

19 illicit revenues. 

20 (4) Any illicit activity by United Nations offi21 cials, personnel, agents, or contractors, including en22 tities that have entered into contracts under the oil23 for-food program, is unacceptable and must be thor24 oughly investigated. 
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1 (5) Documents in the files of the former Iraqi 

2 Oil Ministry indicate that Benon Sevan, the Execu3 tive Director of the oil-for-food program, and other 

4 senior United Nations officials may be connected to 

5 a kickback scheme in which some 270 prominent 

6 foreign officials, business people, and political enti7 ties received the right to trade in Iraqi oil at below 

8 market prices. 

9 (6) On January 18, 2005, Samir A. Vincent, 

10 who was acting as an unregistered Iraqi agent, be11 came the first person convicted in the oil-for-food 

12 scandal. 

13 (7) On April 21, 2004, the United Nations Se14 curity Council adopted Resolution 1538 that estab15 lished a high-level inquiry into allegations regarding 

16 the administration of the oil-for-food program. The 

17 inquiry is led by Mr. Paul Volcker and the investiga18 tors carrying out the inquiry do not have subpoena 

19 powers. 

20 (8) The ability and credibility of the United Na21 tions Security Council to act in matters of war and 

22 peace is threatened due to the alleged influence of 

23 permanent member states’ politically connected indi24 viduals, companies, and institutions who received 

25 Iraqi oil contracts. 
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1 (9) The ability of the United Nations to convey 

2 legitimacy to the new Government of Iraq and assist 

3 in postwar Iraq is hampered by the allegations of 

4 United Nations corruption and mismanagement of 

5 the oil-for-food program. 

6 SEC. 3. OIL-FOR-FOOD PROGRAM DEFINED. 

7 In this Act, the term ‘‘oil-for-food program’’ means 

8 the program to permit the sale of petroleum products ex9 ported from Iraq and to use the revenue generated from 

10 such sale for humanitarian assistance established and ad11 ministered pursuant to United Nations Security Council 

12 Resolution 986 (April 14, 1995) and subsequent United 

13 Nations resolutions. 

14 SEC. 4. PAYMENT OF CERTAIN CONTRIBUTIONS CONTIN15 GENT UPON UNITED NATIONS COOPERATION. 

16 (a) WITHHOLDING OF PORTION OF ASSESSED CON17 TRIBUTIONS.—Until the President submits the certifi18 cation under subsection (b), amounts shall be withheld 

19 from amounts appropriated for contributions to inter20 national organizations as follows: 

21 (1) FISCAL YEAR 2006 ASSESSED CONTRIBU22 TIONS FOR UNITED NATIONS REGULAR BUDGET.— 

23 Of the funds appropriated for contributions to inter24 national organizations in an Act making appropria25 tions for fiscal year 2006, 10 percent of the amount 
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1 available for United States assessed contributions to 

2 the regular budget of the United Nations for such 

3 fiscal year. 

4 (2) FISCAL YEAR 2007 ASSESSED CONTRIBU5 TIONS FOR UNITED NATIONS REGULAR BUDGET.— 

6 Of the funds appropriated for contributions to inter7 national organizations in an Act making appropria8 tions for fiscal year 2007, 20 percent of the amount 

9 available for United States assessed contributions to 

10 the regular budget of the United Nations for such 

11 fiscal year. 

12 (b) CERTIFICATION.—The certification referred to in 

13 subsection (a) is a certification made by the President to 

14 Congress that— 

15 (1) the United Nations has in effect procedures 

16 that provide the Government Accountability Office 

17 access to all documents relating to the oil-for-food 

18 program so that the Comptroller General of the 

19 United States may perform nationally mandated re20 views of United Nations operations; 

21 (2) the United Nations Secretary General has 

22 formally confirmed that the United Nations will not 

23 assert the inviolability of United Nations papers and 

24 internal records that concern the oil-for-food pro-
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1 gram or a sanction imposed on Iraq related to the 

2 oil-for-food program; 

3 (3) the United Nations has authorized the re4 lease, upon request, to the law enforcement authori5 ties of any member state of the United Nations au6 thentic copies of any document, including any docu7 ment in the custody of a person that was engaged 

8 on a contract basis to provide goods or services to 

9 the United Nations, that in the judgment of the re10 questing authority directly or indirectly concerns the 

11 oil-for-food program or a sanction imposed on Iraq 

12 related to the oil-for-food program; 

13 (4) the United Nations has waived any immu14 nity enjoyed by any United Nations official from the 

15 judicial process in the United States for any civil or 

16 criminal acts or omissions under United States Fed17 eral or State law in connection with the oil-for-food 

18 program; and 

19 (5) any United Nations official who received 

20 improper financial benefits from the oil-for-food pro21 gram has reimbursed the Government of Iraq for the 

22 full amount, including interest on such amount, that 

23 such official improperly received. 

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