II 

108TH CONGRESS 

2D SESSION S. 2389

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 

MAY 5, 2004

Mr. ENSIGN (for himself, Mr. MILLER, Mr. SMITH, Mr. GRAHAM of South 

Carolina, Mr. SESSIONS, Mr. KYL, Mr. BROWNBACK, Mr. THOMAS, Mr. 

BURNS, Mr. LOTT, Mr. COLEMAN, Mr. SANTORUM, Mr. CORNYN, Mr. 

CRAIG, and Mr. ALLARD) introduced the following bill; which was read 

twice and referred to the Committee on Foriegn 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 2004’’. 

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 United States General Accounting Of10 fice estimates that during the period from 1997 

11 through 2002, the former Iraqi regime received 

12 $10,100,000,000 in illegal revenues from the oil-for13 food program, including $5,700,000,000 received 

14 from oil smuggled out of Iraq and $4,400,000,000 

15 received from surcharges on oil sales and illicit com16 missions from suppliers exporting goods to Iraq. 

17 (4) Any illicit activity by United Nations offi18 cials, personnel, agents, or contractors, including en19 tities that have entered into contracts under the oil20 for-food program, is unacceptable and must be thor21 oughly investigated. 

22 (5) Documents in the files of the former Iraqi 

23 Oil Ministry indicate that Benon Sevan, the Execu24 tive Director of the oil-for-food program, and other 

25 senior United Nations officials may be connected to 
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1 a kickback scheme in which some 270 prominent 

2 foreign officials, business people, and political enti3 ties received the right to trade in Iraqi oil at below 

4 market prices. 

5 (6) On April 21, 2004, the United Nations Se6 curity Council adopted Resolution 1538 that estab7 lished a high-level inquiry into allegations regarding 

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

9 inquiry will be led by Mr. Paul Volcker and the in10 vestigators will not have subpoena powers. 

11 (7) The ability and credibility of the United Na12 tions Security Council to act in matters of war and 

13 peace is threatened due to the alleged influence of 

14 permanent member states’ politically connected indi15 viduals, companies, and institutions who received 

16 Iraqi oil contracts. 

17 (8) The ability of the United Nations to convey 

18 legitimacy to the new Government of Iraq and assist 

19 in postwar Iraq is hampered by the allegations of 

20 United Nations corruption and mismanagement of 

21 the oil-for-food program. 

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

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

24 the program to permit the sale of petroleum products ex25 ported from Iraq and to use the revenue generated from 
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1 such sale for humanitarian assistance established and ad2 ministered pursuant to United Nations Security Council 

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

4 Nations resolutions. 

5 SEC. 4. PAYMENT OF CERTAIN CONTRIBUTIONS CONTIN6 GENT UPON UNITED NATIONS COOPERATION. 

7 (a) WITHHOLDING OF PORTION OF ASSESSED CON8 TRIBUTIONS.—Until the President submits the certifi9 cation under subsection (b), amounts shall be withheld 

10 from amounts appropriated for contributions to inter11 national organizations as follows: 

12 (1) FISCAL YEAR 2005 ASSESSED CONTRIBU13 TIONS FOR UNITED NATIONS REGULAR BUDGET.—

14 Of the funds appropriated for contributions to inter15 national organizations in an Act making appropria16 tions for fiscal year 2005, 10 percent of the amount 

17 available for United States assessed contributions to 

18 the regular budget of the United Nations for such 

19 fiscal year. 

20 (2) FISCAL YEAR 2006 ASSESSED CONTRIBU21 TIONS FOR UNITED NATIONS REGULAR BUDGET.—

22 Of the funds appropriated for contributions to inter23 national organizations in an Act making appropria24 tions for fiscal year 2006, 20 percent of the amount 

25 available for United States assessed contributions to 
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1 the regular budget of the United Nations for such 

2 fiscal year. 

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

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

5 Congress that— 

6 (1) the United Nations has in effect procedures 

7 that provide the General Accounting Office access to 

8 all documents relating to the oil-for-food program so 

9 that the Comptroller General of the United States 

10 may perform nationally mandated reviews of United 

11 Nations operations; 

12 (2) the United Nations Secretary General has 

13 formally confirmed that the United Nations will not 

14 assert the inviolability of United Nations papers and 

15 internal records that concern the oil-for-food pro16 gram or a sanction imposed on Iraq related to the 

17 oil-for-food program; 

18 (3) the United Nations has authorized the re19 lease, upon request, to the law enforcement authori20 ties of any member state of the United Nations au21 thentic copies of any document, including any docu22 ment in the custody of a person that was engaged 

23 on a contract basis to provide goods or services to 

24 the United Nations, that in the judgment of the re25 questing authority directly or indirectly concerns the 
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1 oil-for-food program or a sanction imposed on Iraq 

2 related to the oil-for-food program; 

3 (4) the United Nations has waived any immu4 nity enjoyed by any United Nations official from the 

5 judicial process in the United States for any civil or 

6 criminal acts or omissions under United States Fed7 eral or State law in connection with the oil-for-food 

8 program; and 

9 (5) any United Nations official who received 

10 improper financial benefits from the oil-for-food pro11 gram has reimbursed the Government of Iraq for the 

12 full amount, including interest on such amount, that 

13 such official improperly received.

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