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 Investigative
reference
briefing thedetails
atdates relating
Prime to project
Minister's “events”
official which post
residence."
date 18 May 2001. At paragraph 2b, the interoffice
In his/her interviews
memorandum
"Description states conducted
that the Cargo on 31st Apron August
invitationand
14th
to September
tender was based 2004, onVendor
summary 1 and Vendor 2
documents."
Representative
This is a Secret US admitted
National that the fact
Security that both
Agency (NSA)
Vendor
"Allegation
report 1 and
derived 2& Vendor 2 took partintercepts
3: intelligence
from together in ofthree
officials
Airport
within the tendersJapaneseput other Ministrycompetitors
of Economy, at a Trade and
disadvantage,
(Specifically,
Industry andthree but
the alleged
of the Text
Ministry both
persons companies
of Foreign bidhave
on theAffairs, openingnever
shortly PDF Number
exchanged
committee
before information visit ofwith
and evaluation
the official regardPrime
committees
Japanese to thewere price
theoffers.
Minister same
parties Abe
Shinzo whoto should not have
Washington DC, carried
for talks outwith
bothPresident
tasks.)
There
Georgewere W Bush.doubts whether
Abe's government both companiesis reportedVendor to have 3
and Vendor 4 exist and submitted
been considering not informing the United States of bids for the three
tenders.
the PrimeThe ITF investigation,
Minister's plan to reduce with support from the
carbon emissions,
Kosovo
(The
on the Organised
contract
basis thatfor the Crime
Cargo
plan BureauApron
might (KOCB),
be Extension
opposed has wasfound
by thenotno
reference
channeled
Bush with
through
administration. regard theAstoOffice
the
the existence
of the Legal
report of the
shows, alleged
Adviser.)
the
competitor
National Security VendorAgency 4 in Pristina.
was aware The alleged both of company
the plan
Vendor
The 3 was found to be a
not to inform the United States, and of the signed
evaluation report dated supermarket
2 August 2001 located
is in by
Prizren.
three parties, who
government's change areof also
mind, listed whichas having
was takenattended at a
the bid opening
briefing
"Tokyo's atClimate
the Prime session.
Change This
Minister's
Officialsindicates
official that the
residence."
to Continue
The above-mentioned
composition
Promoting of the bid facts
Sectoral opening are already
committee partand of the the ITF
case no.
evaluation 286/04
committee
"Japanese(TS//SI//NF)
Approach that was submitted
overlapped.
to State Goal of Reducing Carbon Emissions to the
International
by Half by 2050 Prosecutor, UNMIK Department of
Justice,
When in
asked
(S//SI//NF) October
(TS//SI//NF) Japaneseabout 2004. On 1inchange
thisclimate
issue December
interview 2004, the ITF
DOTI Official
officials
contacted
2 confirmed
apparently the that
plan International
tohe/she
continue wasProsecutor
both on the
promoting forbid
the asectoral
legal
opening
assessment
committee
(S//NF)
approach of this
and
In despite
preparing was case.
afor
criticism Although
member
the 26 to
from ofthe this
the
27 casevisit
would
evaluation
April
International to
clearly
committee.
Washington
Energy be a
Agency breach
He/she
by (IEA) of
Japanese Economic
added
and some that
PrimeEuropean Law,
the there
people
Minister Shinzo is
who
Union noAbe,
applicable
evaluated
the Japanese
officials. lawMinistry
the
Fatih in Kosovo
offers
Birol, of for
signed
Chief theevaluation
the
Economy,
Economist time being.
Trade,
of report.
theandIEA,Industry This 1
is in
(METI) conflict with
apparently UN regulations,
wanted to
reportedly warned the Japanese in mid­-May that theycome which
up segregate
with a simple the
twopushing
message
are roles.regarding
Antoo interoffice
hard climate memorandum
to promote changethe with dated
which24
sectoral the U.S.
September
can agree.and
approach 2001 may indicates
Accordingly, METI
be perceived that has the
as contract
pushed
offering threefor the
this
Cargo Apron
principles:as
approach Extension
technical had
the onlydevelopment, not
option for reducingbeen channeled
energycarbon
through
conservation
emissions. theHe Office
and of the Legal
alsonuclear
cautioned energy, thatAdviser."
and participation of
the sectoral
all countries
approach in the
is not yetfuture
understoodframework. and that Meanwhile,
Tokyo must the
"An interoffice
Ministry
clarify theofconcept
Foreign memorandum
Affairs
and (MFA)
promote providing
apparently
understanding an wants and
“outstanding
Abe to
trust mention
among issues
the at update
the
nations bilateral to Official
concerned. summit 2”, from DOTI
Japan's
Masakazu goal of
Toyoda
Official
reducing 3 to Staff
carbon member
emissions
of the Japanese Ministry of Economy, Trade, 1 byat the
half office
by 2050 of Official
as part of
and 2
dated
the "Abe18 May 2001,
initiative," could
which give
will
Industry expressed frustration at this criticism then be announced in late 10
May.out
laid Thethree
MFAadvantages
was considering of thenot informing
sectoral approach: the U.S.
in advance
first, of its intention,
the approach is designed because to getthe ministry
China, India,did and
not U.S.
the expect on Washington
board; second, to approve
this approach of such a goal,
allows
based
developed on the U.S. reaction
countries to avoid to climate
expending change issues so
unnecessary
far. It was
efforts apparently
to reduce carbon decided
emissions at a briefing
in areasat the by
covered
Prime
the Minister's
sectoral approach;officialand residence
third, the thatsectoral
Abe will clearly
state the goal
approach will, at in the bilateral
Toyoda's summit, with
estimation, advance
not result in any
notification
economic ortoindustrial the United lossStates. Japan anticipates
for developed or no
major harm to the Japanese­ U .S.
developing nations. One Japanese official thinks that it relationship as a
result.
may be difficult for the Europeans to implement the 105
sectoral approach in sectors such as electricity, which
is already subject to the Emissions Trading Scheme
(ETS). He suggested that the ultimate solution is
dependent upon the EU accepting a method of
determining a figure for total carbon emissions
reductions that includes the electricity sector. Toyoda
claimed that businesses from several sectors ­including
steel, aluminum, cement, and petroleum­­are
threatening to cease their European operations if the
ETS continues as is. 106
Change
Airport Goals
result ofpassedon­sitefor G­8 Pillar
inspection
from Summit IIisto (TS//SI)
confirmed,
the Kosovo rather
Trustthan
after the inspector had
Agency (KTA) and Pillar IV. The Divisional returned to JapanManager and morewas
(TS//SI//REL
tests conducted.
appointed atTOtheUSA, The
Airport AUS,
principal CAN,fear
Sector, GBR,
KTAamong atNZL) Japanese
thethe same time.
officialshim
Japanese
Under from
iswere thethe
that Ministry
the issue
PEAPwill of Economy
become
Official and the TradeAirand
similarly Traffic
Industry,
politicized,
Control Ministry
possibly
Services ofatForeign
(ATCS) senior
Official. Affairs,
levels,
On 1in Ministry
Washington.
April 2004 of
Finance, and Ministry Airport,
Pristina International of Environment which had briefed Chieftime
until that
Cabinet
UnconventionalSecretary Nobutaka
been under the jurisdiction of KFOR was handed over Machimura on 20
February
to civilianon the environmental
jurisdiction, under ICAO goals they believe
regulations. It is
Japan
Japanese
against should
this work toward
governmental
background of achieving
change that at procurement
the G­8 Summit
at Lake Toya,relating
procedures Japan, to in the
July.following
Obtainingcontract an agreementhave to
use
Z­3 a sector-­
/OO/515570­
been examined. b ased
0 9, cumulative
221708Z" approach for medium-­
term emissions reduction targets for individual
countries
"Description
METHODOLOGY was mentioned as one of was
This investigation the key objectives.
conducted
Japan EUisand
pursuant
The also seeking
to Japan
Executive were toDecision
demonstrate
engagedNo ofits
as2003/16 leadership
early on the in
December
the
This environmental
is
establishment
in a Secret
strategy sessions US sector
of theaimed National at
Investigation the Summit
Security
at a common and
Agency
Task Force.
handlingmay (NSA)
The ITF
announce
2009 report
investigators
policy its domestic
derived
to dealconducted
with potential emissions
froman enquiry reduction
intelligence
U.S. moves into in goals
intercepts
thethe prior
allegations
Doha of
to the
officials
raised meeting."
by within
interviews the Japanese
with persons
Round negotiations. There was a conviction in both Ministry of
indicated Agriculture,
to be 107
Forestry and
witnesses
Brussels and Fisheries.
andTokyo,persons The report
potentially
according indicates
implicated
to Japanese that the
in the
reporting,
National
that greatSecurity
allegations; by obtaining
care must Agency knew
documents
be taken of from
to avoid the options
theprey
falling Pristina
to
under
Airport
U.S. consideration
movesadministration
designed to within
and
extort fromthe Ministry
Pillar
concessions for how
IV, which
throughwere
Japan
then shouldinitial
analysed
exaggerated seek to patch up
for relevance
demands. bilateral
toRegarding
the inquiry relations
at domestic
U.S. hand. with
the
This US over
report a trade
details thedispute
findings
supports for agriculture, for example, Japanese concerning
resulting the
from import
these of
US cherries.
enquiries.
Minister Among theForestry,
ofBACKGROUND
Agriculture, options
INFORMATION being
and discussed
Pristina
Fisheries
were
Toshikatsuthe use
International of back
Airport
Matsuoka channels
constitutes
and a to
EU Agriculture stateshareowned
information
enterprise under
Commissioner with Washington.
Yugoslavian
Marianne The report
law. Therecently
Fischer-Boel indicates
assets of the
that
airportthe main
include Japanese
the runways, incentive
pondered whether to jump-start the negotiations by terminal is the avoidance
buildings, of
politicization
hanger,
asking thefuel offor
storage
U.S. theatrade issue
facilities
specific and
dollarin equipment.
Washington."
figure in reduced During 108
the periodThe
supports. covered
problem by this
for theinvestigation,
EU, it was from noted, 2001
is
until 2003,
whether ortheynot the were maintained
proposed $17 by the mark
billion Publicis an
Enterprise
acceptableAirport point ofPristina,
departure, (PEAP) since in U.S.
cooperation
supportswith at
Military Units of the Kosovo
that level are judged to be in no way comparable Force (KFOR). Pursuant to to
United
the Nations
breadth Securityaccess
of market Council thatResolution
Brussels put 1244ondatedthe
1022
table
A Junelast1999,
October and
July.meeting UNMIK
A figure of $14Regulation
attended to by$15German No 1/1999
billion would dated
Chancellorbe
25 Julyin1999,
more
Angela line with
Merkel, UNMIK the is
French mandated
EU's thinking,
President toFischer-Boel
Nicolas administer
Sarkozy,the and
territory
indicated.
Italian ofThe
Prime Kosovo,
EU also
Minister including
had concerns
(PM) state
Silvio owned and
that Washington
Berlusconi waspublicly
later
owned
may be assets.
headed This
for includes
a showdown
described by the Italian's personal adviser on Pristinawith International
developing
Airport.
countries
international overrelations,
special products.
ValentinoAs for sensitive
Valentini, as tense 11
products,
and very harsh Fischer-Boel's
toward the deputyRomechef de cabinet,Merkel
government. Klaus-
Dieter
and Borchardt,
Sarkozy, evidentlyhinted to the Japanese
brooking no excuses that the EU
with
may be willing
respect to Italy's tocurrent
go lower than its current
predicament, officialthe
pressured limit
of
PM8 topercent,
announce possiblystrong, as lowconcreteas 4 to 5 percent;
palliatives and then
however,
to implement that themwouldinbe hardtofor
order showJapan thatto his
accept.
Borchardt also
government tried toabout
is serious allay Japanese
its debt problem. fears thatSarkozy
the EU
might
was saidtryto again
havetotold enter into a bilateral,
Berlusconi that while under-the-
the latter's
table
claimsdeal about with thethe U.S. (as
solidity of had happened
the Italian in Cancun
banking systemin
2003),
may be true in theory, financial institutions there with
saying that Brussels had learned its lesson could
respect
soon "pop"to such like back-door
the cork inactions. a champagne bottle, that 110
"words are no longer enough," and that Berlusconi
must now "make decisions." Also on the 24th,
Valentini indicated that EU Council President Herman
Van Rompuy had urged Italy to undertake policies
aimed at reducing the impression within the EU that
the country is weighed down with an enormous debt
at a moment in time when it also is struggling with low
productivity and showing little dynamism. In Van
Rompuy's opinion, Spain is the model that Italy should
now be seeking to emulate. 111
East
cases: Jerusalem--was
Heiligendamm
and witnesses (the
in thesitetotally
matterof lastinofkeeping
year's
the bribery G-8with ofnational
summit)
policy
Procurement Officer 1, Pristina Airport, andGolda
language dating
in theback to
framework the administration
of the G-8 if of
the the Meir,
emerging
and blamed
countries do this
not mishandling
accept numerical
Case A Officer, Pristina Airport, by one of Vendor
Finance on a government
targets at theofficial
Major
1
with
Economiespoor political
Meeting sensitivity.
(MEM).
Manager’s competitors in the tender process, Vendor The
(According objective to now,
press
Netanyahu
reports,
On
2. Vendor 1said,
eitherleaders
30 or 31
Manager’sis to
from Julykeep
162004,
letter thealso
countries, Palestinians
Non including
Staff
identifiedmember from
histhe1usingsaid
this
members issue
he/she was
intention as
of a pretext
the
to contacted G-8
seek legal by to
plus block
actionChina,
Official a resumption
India,
against Brazil,
1’s daughter,
Procurement of talks
Australia,
Officialor
to advance
Indonesia,
2’s Secretary,
Officer unrealistic
South Korea,
requesting
1 for allegedly claims
South
him/her
violating that
Africa,
“the could and risk
toprocurement
come to sinking
Mexico, the
plan
peace
to discuss
UNSYG
Restaurant
rules” negotiations
Ban
by: climate
1Ki-moon,
located
replacing altogether.
changein an
a in
member on the
exchange
Hajvali. Continuing,
of margins
the on Bid10 ofhethe asserted
December
Evaluation G-8
that
summit
with the tension
in Japan.) has only
Masaharu been
Committee in the competitive tender; allowing a out
German Chancellor Angela heightened
Kono, Japan's
Merkel, by
G-8
pointed the
sherpa,
absence
emphasized
that
Non
member the of
Staffworld direct
member
of Tokyo's
the would contact
Finance1 position between
beDepartment,
stated watchingin an
that himself
exchange
the
he/she EU
the was and
with with thehis
"keen
personally
Finance
U.S.
German
greeted
Officer, President.
interest"to counterpart,
for
upon In
sitreassurances
histhe
on response,
arrival Berndbythat
committee; Berlusconi
Pfaffenback,
Securityit and promised
willOfficial,
maintainon
favouring 17 its
Officialto put
June,
Vendor 2’s
Italy
while at
leadership
Secretary
2 Israel's
Pfaffenback
in the tender role disposal
in
and Official provided
combating
process. in helping
climate mend
1 and another person, male,the
his country's the
change. take latter's
on
He but
ties
issues with
believes
name
During to Washington.
becourse
that
unknown,
the addressed
the who Other
mid-December
of the was Israeli
atinvestigation,
Lake
there Toya.EUofficials,
seeking The
Summit aGerman also
in Brussels
similar
Procurement
meanwhile,
noted
will that,
impact
employment onbelieved
in response
the
route. UN that to this
a
Conference U.S.
Officer 1 told the ITF that, following the cancellation oftiff goes
request,
on far
Climate beyond
his country
Change
merely
would
in Poznan
the theasquestion
likely
competitive give up
welltender, of demand
as its
the the
2009 construction
Vendor for
Copenhagen a 25-plans,
1 Manager toTalks, marking
45-percent
had made
instead
mid-term
stressing that
According
utterances the to lowest
carbon
toNon without
him/her point
dioxide
Staffpositive in
member
that U.S.-Israeli
reduction signals at
1, the and
Procurement relations
the
other MEM.
continuedin
person
Officer 1Inhad
memory.
addition,
leadership he
paid, in his presence,
interpreted does
from the
as a threat.not EU,believe
theTheit would
sum that be the
ITFofcommenced emerging
difficult
€10.000,00an for the
to inquiry UN 112
Official
economies
to
2’s make a
Secretary, are willing
commitment
just before to
into the allegations regarding the procurementingo beyond
Poznan.
Non Staff the
Ban
member Bali
also language
1
at present,
maintained
himself/herself
process andhis that
now feeling
since
handed
provides being a that
the€5.000,00
new U.S.
summary they prefer
administration
to the
of the same instead
case person to
will
and
wait
have
its until
a very
findings next year's
engaging
and G-8
and summit
recommendations." proactive in attitude
Copenhagen, on the
because
issue,
After both thetheytime
personsdois not
right
hadwish
for
paid to the
the give up things
EUagreed
and theupon now
whole cashthat
world
they
to
amounts, might
create
Background be
conditions
they andprepared
were to
necessary give
both requested
Allegations up
for
A Kosovo later.
reaching
toTrust It isa also
sign Agency
three
Pfaffenback's
meaningful
different
(KTA) Internal deal
coloured position
atbooks
Audit the
Unitthat
2009 a UNfailure
entitled
(IAU) Climateof the
“Airport
Internal emerging
Talks.
Staff”,
Memorandum In and
that
economies
regard,
then
dated 4 Ban
asked to
to
October accept
considered
leave 2004, a long-term
the Poznan
because
which they goal
described would with
Conference
thebenumbers, toof
contacted
audit be
even
very
by
the in brackets,
important
telephone
procurement asastowould
athe
of "bridge"
staff pose
details
uniformsdifficulties
toward
of their for the
byCopenhagen.
future
Pristina G-8Ban
Airport,
and
also possibly
praised
employment
raised concerns lead
Merkel astotofor
at Pristina athe
clash
her at the summit
personal
Airport.
reasoning theitself
efforts
for if
regarding
there
cancellation of a competitive tender for summer and 113
the is
issue no of fallback
combating position.
climate change and for
encouraging
Non Staff
winter uniforms other
member EU
1’sleaders
(Pristina statements
Airport to agree provided
Reference on the toissue.
No. the ITF
For her part, Merkel
Investigators,
PEAP/CG/UAS/19/05/04) disclosed wasthe optimistic
andfollowing that
the subsequent two thedistinct
EUissue of
Summit
acases: would come
single source contract to an foragreement,
summer uniforms although forshe new
acknowledged that the tough
staff (Pristina Airport Reference No. SHKTA/CG/16-04). issue would involve
carbon
Case-B
In the IAU dioxide
memo, trading.
reference BothisBan made andtoMerkel a letterfavored
of
holding a mini-summit
complaint dated 28-06-04 in early
from2009 Vendor to involve
1, a company the new
U.S. administration,
Non
that Staff member
competed for the1 believing
stated
tender that that
and it is important
he/she
that was aware
was toof
get a clear
another
subsequently case idea of of U.S. intentions.
kickbacks
awarded thefor Pristina
single Merkel
source Airport believedtothat
contract
the
supplyclimate-change
employment, summer which issue
uniforms.occurred should
The circa be6discussed
author September
of the letter, at the2004.
heads-of-state
Vendor 1 Manager, alleged the existence of rumours 114
Non Staff member level, 1, otherwise
in his role it
as would
the not
owner work.
of a
hamburger/sandwich
and witnesses in the matter stand/restaurant
of the bribery - well-
of
frequented byOfficer
Procurement airport1,employeesPristina Airport, – said and he/she the was
contacted
Finance by KPSPristina
Officer, officerAirport,
2 who requestedby one of information
Vendor 1
in relation to
Manager’s what business
competitors in the connections
tender process, Non Staff Vendor
member
2. Vendor41had within Pristina
Manager’s letter also Airport.identified his
intention to seek legal action against Procurement
Non Staff
Officer member
1 for allegedly 1 stated
violating that“the Nonprocurement
Staff member 5,
the
rules”wife by:ofreplacing
KPS Officer 2 met Non
a member of the Staff Bidmember
Evaluation 4 in
the clothing boutique where
Committee in the competitive tender; allowing a he/she worked, while
he/she was
member of thepurchasing
Finance airport Department, uniforms. the A Finance 13
Officer, to sit on the committee; and favouring Vendor
2 in the tender process. During the course of the
investigation, Procurement Officer 1 told the ITF that,
following the cancellation of the competitive tender,
Vendor 1 Manager had made utterances to him/her
that Procurement Officer 1 had interpreted as a
threat. The ITF commenced an inquiry into the
allegations regarding the procurement process and
now provides a summary of the case and its findings
and recommendations. 14
logistics
Division
SRO, Lusaka officer 2 highlighted
Manager. Both of them thein criteria of after-
their respectful
Pristina
warranty
capacity
Finance
On Airport
repair2003,
failed
Assistant
29 January toisservice
the
performAirline’s
1 claimed
the located
their
staff cargo
within
hememberduties
had handling
not Kosovo
according
noticed
wrote agent
anandtheto for
email
both
repair
expected
footer
to imports
Mr. on or and
replacement
standards
them.Mzumara,
Dickson exports
and
When ID/OIOSwithin and
they the
five
failed Airline
working
to is
promote
asked why the
Officer-in-Charge the
days (based
the
of the ECA
Member
on
best the
photocopies
Sub Regional State’s
existing
interest of
of the
Office KFOR’s
regulations
UNMIK forged mail
Pillar
in Lusaka, inhandling
faxes4Kosovo
–KTA,
in theas
Zambia agent.
their
UNDP
confirming Pristina
to notification,
finance that
Airport
registration
employer.
file did collects
not and
have mail-handling
recording
the footer,
he had written to Ambassador Negroponte because of he revenues
information
disclaimed on behalf
concerning of he
the
movement Airline
responsibility
had and
had a chatforof deposits
animals
with thefriends these
within
photocopying. revenues
five days of
who thought that “thistothethe airline’s
bank
movement).
was The tooaccount
investigation after
muchTherefore, deducting
of aconducted
hot if a PDA
potato”. the
by the
Mr. appropriate
device ITF used
Mzumaraclearly forwas thealso
commission.
communication
documented
aAtrecipient
the timeof that
ofathese of such
Prishtina
copy incidents, data
of the email broke
Airporttwo down
management and
photocopying
that was addressed was not
failed
replaced
to perform
assistants within
their
had beena week,
duties in
working
to Ambassador Negroponte by the staff member. farmers
accordance
on anandad veterinarians
with
hoc the
basis general
at the
The
would
principles
finance
On the issues
run
same identified
the
outlined
office riskMr.
and
day, of in
not
above.
had the
access
Mzumara Inletter
complying by with
particular,
to replied the the
departmental Airline
theuse
through law. Cargo
of
anthe
files.
Manager
assetsto
Photocopying
email related
allocated
the staff to
Assistant the
tomember
the ATCS high
1 wasand rate the (€0.50/kg)
byaconcurred KTA of
relative inwith
2002charged
The his was
Finance
by In Pristina
order
inadequately
Department
action of to Airport
find
writing tofor
out
documented
Supervisor, why
the handling
the
and andlowestoutgoing
the
Photocopying
Ambassador. bidder, mail;
performance
However, the
Vendor
Assistant Mr.offact
1,2,
the
that
was
ATCS the
still Invoice
not
Finance
was the daughter
Mzumara selected,
Office
pointed of had been
in ID/OIOS
that
outFinance incorrectly
spoke
respect
to the Assistant
staff memberwas sent to
separately the
unsatisfactory.
2. Photocopying
that he was with
Member
two
This
Assistant
concerned poorState’s
members ofhe,
2performance
assisted
that KFOR
thethe bid
her instead
evaluation
even
father
staff of
caused their agent,
panel
financial
periodically
member, was who the
damage
without
writing to
Airline;
explained
to the
pay.
persons OIOS and
UNMIK thethe
wasPillar
outside inappropriate
evaluation
the4Organization.
informed – KTA, process
thatas addition
the and
demonstrated
two of
why
Mr.assistantsValue
the
Mzumara in Added
panel
this
helped
stated
Tax
report.
in
that (VAT),
recommended
the The I which
work
preparation
“Yes thought the is not
selected
ofof the
as the applicable
endbidder,
ATCS
much. MyFinance
of month toVendor
concerninternational
Office 4.was
financial
was ID/OIOS
you under
were
traffic."
was
direct
returns,
going told that
supervision
outwhich the
of theincluded evaluation
of the
system retrievingATCS panel
Official
and this is documentsexamined
and the
not in line with the
from the 15
bid
documents
oversight
various files, submitted
responsibility
copying by
them wasthe
Conditions of Service. See what comes out of it”. The in
and six
the pre-qualified
hands
returning of
them the bidders
to the
and
staffmade
Division
files. comments
Manager.
Photocopying
member responded\Both and
Assistantofannotations
them
via 1email
wasin their onrespectful
working
dated the table
29atJanuary
the
provided
capacity
finance
2003 and to
failed
office them
stated attothe byrelevant
that, the
perform DRA
“Thanks their logistics
time duties
that officer.
period,
I have but The
according
been to
ittold.
has
evaluation
expected
not been
This question panel
standards
fully relied
established
was andheavily
brought they
when
in the onPhotocopying
failed the
JAB tointechnical
promote
Nairobi.the With a
expertise
best
Assistant
few interest
phone 2ofcalls,
one
of UNMIK
worked panel
the atcase member,
thePillar
office.
was DRA
4shelved.
–KTA, logistics
as their
No timesheets
The lady officer
who 2,
were
who
employer.
kept was
for responsible
either assistant. for
broadcasted the message is the one who wrote to the evaluation of the
technical
White House featuresand the of the VicePDAs offered.ofDRA
Presidents the logistics
USA. If the
officer
Review
internal 2
Documentation
oftold ID/OIOS
procedures
justice obtained
system that
at
had his/her
by
UNON, theUNEP
functioned handwritten
ITF from thething
Narobi
every entries
Prishtina
and
on
Airport the
UNDP Bratislava
would table
clearly were
have beeninkeptshows based that
connection onATCS
within thethe discussions
management
with payments
system. of
My hope the
failed
of thisto
entire
introduce,
sort evaluation
showed or enforce,
that panel, but
rules
was Negroponte being in the UN Secretariat would that
and he/she
regulations independently
that do 16
would
•guarantee
UNDP proper
Bratislava use
relies of the
on
damage control and get somehow the Boss to address allocated
the authorizing funds and
signatures
provided
on
the the
problem, transparent
faxes and
in the does bestdocumentation
notinterest
verify their of the of this process.
authenticity
Secretary withA
significant
the agency;
General. The amount
ladiesof will the cash withdrawals
continue writing to Human by the
ATCS
• UNDP
Rights was used for maintains
Bratislava
Organizations, training
especially opportunities
a sign-in
those sheetthatforarewhich tired. It
employees
may not produce immediate results butcourses
requires a of the
signature ATCS,and who
identityattendedinformation, a lot ofbut in ait
number
was
damage keptof will countries
haphazardly
be done”. including
at
Hethe addedtimeItaly, of Canada
that these andtothe
incidents;
he wrote the
•United
UNDPKingdom.
Ambassador Bratislava
“to show Therefore,
disperses
the man the
cheques cashdialogue
that advances
upon proofis were
the of
not all
identity,
best related
option which tois the
in life”." ATCS Official’s
recorded on the back travel,
of therathercheque, for a
significant
and the payee number signsofthe Employees.
original cash Thedisbursement
necessity of the
frequent
voucher
"Emails by travel
upon of the
thereceipt
staff ATCS
of
member theOcheque,
to Mr. Mzumara,but the finance OIC, 2
officeLusaka
SRO, does not retain a copy of the payee’s proof of
identification;
On 29 January 2003, the staff member wrote an email
• UNDP
to Bratislava
Mr. Dickson does not
Mzumara, maintain a mail of
Officer-in-Charge log; the ECA
•SubWhile procedures
Regional Office in forLusaka,
reconciling Zambia accounts
confirming between that
UNON
he had andwritten UNDP to were
Ambassador in place,Negroponte
UNON did not because attempt he
to reconcile
had had a chat thewith August friends2002who UNDP Bratislava
thought that “thisaccount
for more
was too much than aofyear a hotafter it wasMr.
potato”. purportedly
Mzumara was also
submitted;
a recipient of and a copy of the email that was addressed
•toUNEP Narobi stated
Ambassador Negroponte that itby hasthe had several
staff member. problems
withthe
On fraudulent
same day, payments
Mr. Mzumara by UNDP repliedoffices.
through an 21
email to the staff member and concurred with his
action of writing to the Ambassador. However, Mr.
Mzumara pointed out to the staff member that he was
concerned that he, the staff member, was writing to
persons outside the Organization. Mr. Mzumara stated
that “Yes I thought as much. My concern was you were
going out of the system and this is not in line with the
Conditions of Service. See what comes out of it”. The
staff member responded\ via email dated 29 January
2003 and stated that, “Thanks that 24
tampered
former company
UNMIK with the
procurement hadDSA nolist
rules, and
contractual
or the forged signatureswith
relationship
above-mentioned of
participants
UNEP. Although who did
this not
created attend the
agreement could be identified in the purchase of the and then
appearance pocketed
of a
their
conflictDSA.
new policy He
of interest,said that
through thehe
none dealt
was
ICAA. withITFthe
established."
The further manager; a
teller
concludes that UNMIK procurement rulesany
"Until and
the a
endgo-between
of June person
2002, and
responsibilitythat forone
were thenotof
them
"Duringcould
administration
applicable the tohave
theoffalsely
course ICAA assigned
theofPristina
the the DSA
investigation,
the Airport
agreement was list. However,
ID/OIOS
entrusted
between to
he
thehad
UNMIK Civilpreviously
learned that theICAA
Administration
and the acknowledged
former company
(forPillar (Pillar
the governmentthatII) he
received had
ofcontracts
of UNMIK, Iceland) is
witnessed
and extensions
including
prevailing the payments
Official
and of1contracts
does and being
notOfficial
identifywith made
2. Pillaraby
BTF
such throughthe Bank
UNOPS
IIrequirement.
supervised staff
and Department
the he had
without not raised
competitive any questions
bidding,
of Transport in
and violationor concerns
Infrastructure of Financialthen
(DOTI)
or at any
Regulation
Official
There time
is1.also
The1.2no before
which
DOTI was
evidence being
states of questioned
later that
known
improper"Procurement by ID/OIOS
ascollusion
the Transport
or
Investigators
functions
Sector include
of the
negotiations on
UNMIK
duringthis point.
allthe
actions
DirectorateHowever,
necessary
requisitioning he forclaimed
of Infrastructure
process the of to thebe
surprised
acquisition,
Affairs. DOTI
insurance by bythe discrepancies
purchase
Official
policy, nor1isleft or lease,
no UNMIK pointed
evidence of out
property,
atthat
the end by ID/OIOS.
of June
the process
He
wasthen
including
2002. DOTIacknowledged
products
corrupted. Official and 2 was that
real he had by
property,
recruited received
and
the of services,
DOTI as an
memoranda
including
international works.from
staffThe Official
following
member 4 on
asking
general
31 him2000
July to account,
principles
in chargeshall
amongst
be airport
of giventhe
Finally, other
due things,
ITFconsideration
operations,
can for that
the
reporting
report whenmoneys DOTIthat
toexercising
comprehensive hethe
Official had1, and
policy
been giveninfor
procurement
continued
documents this
have DSA,rolebut
functions
been hethe
of
until
providedthought
30 United
September
by thethat the
Nations:
ICAA matter
2001.
and (a)the
Best
had
value been
for
Engineering
previous settled
money;expertise
insurance despite
(6) fairness,
washas
policy the unaccounted
integrity
provided and
by a series of
been cancelled."
discrepancies."
transparency;
engineers seconded(c) Effective
from the international
armed forces of a United 26
competition;
(d) The interest
Nations
Alleged member
Violations ofstate,
the United
specifically
of Procurement Nations."
Airport
Procedures Engineer
- I,
Airport Engineer
Insurance 2 and Airport Engineer 3, and later by
(No. 0216104)
In
theconclusion,
ConsultantID/OIOS from thefinds that UNEP
Consulting Firm. and UNOPS
departed from United Nations
In April 2004, the Investigation Task Force rules and regulations
(ITF) as
described
On 1 July above.
2002, the These irregularities
responsibility
received information alleging possible violations of for seem
the not to have
been carried
administration
UNMIK procurementoutofinthe bad faith because
Airport
procedures passed the urgency
from
involving Pillar
the II to of
the situation
Kosovo
purchase ofTrustnecessitated
insuranceAgency that
(KTA)
cover forBTFthebecome
and Pillar
Pristina IV. Airport
The
operational
Divisional Manager
commencing rapidly.
as of 1was However, 2004.onceat
Aprilappointed operational,
the Airportboth
organisations
Sector, KTA atshould the same have taken
time. measures
Under him were to rectify
the
the
PEAP
This problems
Official
insurance identified
andwas the Air
obtainedin the
Traffic
Alleged misappropriation of funds – Manager (Case by allegations.
Control
UNMIK Services
with the (ATCS) 27
Official.
assistance
No. 050/04) of the Icelandic Civil Aviation Administration
(ICAA). An agreement between UNMIK and the ICAA of
On 1Investigation
1 April
The April
2004 2004 Pristina
specifiedTaskthe International
Force (ITF) has Airport,
procedures as follows:
been which
had until that time been under
investigating an allegation regarding administrative the jurisdiction of KFOR
was
"UNMIK handed shall, over
with to civilian
the jurisdiction,
assistance
irregularities regarding the insurance coverage for of Iceland under as ICAO
regulations.
described
Pristina in WPVI-I
Airport by a of ScheduleVI, ifCompany,
London-based requested, who obtain
and maintain
then purchased appropriate
the cover insurances
from Insurance for the airport,1
Company
It
itsisequipment,
against
between 2001 thisandbackground
facilities,
2003.operations,of change and that services from
procurement
reputable procedures
insurers. UNMIKrelating shall, as toand
the when following
contract
Based onhave
reasonably been documentation
required
extensive examined."
by Iceland, provide obtained Iceland from with 31
satisfactory
UNMIK Pillarevidence
II, the Kosovoof such insurance.
Trust Agency (KTA) and
Public Enterprise Airport Pristina (PEAP), the ITF
WPV 1-1 reads:
determined that the responsible Manager did not
undertake efforts in 2002 or 2003 to invite
'ICAA will provide
international tenders assistance
for the in acquiring
Airport’s liability
insurance
insurance to
coverage. cover the
According tooperation
UNMIK regulations at Pristina1999/2 Airport.–
The ICAAAdministration
Finance will use resultsInstructionfrom similar onactivitiesfor
Public
acquiring
Procurement liability
using insurance for Icelandic Airports
Kosovo Consolidated Funds – and (...).
Most
in view of the cost of the premiums of more than (...).
of the activities will be performed in Iceland
'
$125,000 USD, such a tender should have been 35
undertaken. The Manager did not prepare an
international tender for at least the period 2 October
2003 to 1 October 2004, instead, he concluded a
contract in favour of Insurance Company 1 effecting
insurance coverage pertaining to Pristina International
Airport for a further year. It should be considered as to
whether this conduct demonstrates probable cause
with regard to the waste or misappropriation of public
funds. Such an issue should be determined by a review
of the matter by the Department of Justice. 36
Evaluation
which
there arecan’t Committee
not offer
enough to assessquality
the required
indications." the offerings
and hadoftoo thelong
competitors,
a date for completion.which comprised a range of uniforms and
accessories
Allegation for the various categories of airport
employees.
In the case of OnVendor
18-06-04, 2, the theevaluation
committee, though
report not
states
satisfied
that the with
company all Vendor
provided 2’s
An official of a non-Airport related company, samples,
an incomplete tentatively
offer.
decided
supported in the
favour of that company,
procurement processthe formedian
the supply bidder
of
in terms
When
the of
Flatasked price (Vendor
in what Display
Information 1 was
mannerSystem the
the offer highest
was by
(FIDS) bidder).
incomplete
writing
The
in committee
theinterview,
recommendation theresolved andthat
Procurement Vendor
Officer,2for
justification awould
member
a Single be of
approached
the Evaluation to determine
Committee, the feasibility
stated
source procurement and also defined the technical that of
Vendor no-cost2
design
submitted changesan to
offer, one
which of the
did uniforms
not
specifications. As Vendor 1 was only able to supply but contain for women
all the
employees.
"Untilto the
required
not cable end Theofcommittee
articles.
the 2002,reconvened
June another
FIDS, responsibility
tender had onto 23-06-04
for bethe at
the request
administration of Pristina Airport Official.
launched for the FIDS cabling. Winner of this tender to
of the Pristina Airport During
was the
entrusted
meeting,
the
wasCivil
The Pristina
Procurement
Vendor 2. Airport
Administration OfficerPillar Official
was (Pillarannounced
asked II)
why of his/her
UNMIK, the
cancellation
including Official
explanation of the
was not tender.
1 and in Pristina
putOfficial the 2. Airport
Pillar
tender Official later
II supervised
evaluation.
awarded
the
He/she
Background a single-source
Department
replied that
Information it wasprocurement
of Transport dueand contract
lack offor
Infrastructure
to his/her (DOTI)
summer
Official 1. uniforms
The DOTI for
was newlylater
English. In view of the fact that the evaluation hired
known staff,
as in
the the amount
Transport
of
The€106,059
Sector
committee of the
Single allUNMIK
Sourcesigned Directorate
the evaluation
Procurement of Infrastructure
report,and
(Purchase they would 38
supply
Affairs.
have DOTI
been Official
aware of 1
theleft UNMIK
reason
of FIDS) started on 17 October 2002 with a written for at the
Vendor end 2’s of June
2002. DOTI Officialand
rejection."
recommendation 2 was recruitedby
justification byVendor
the DOTI 2 as an
international
"III. METHODOLOGY
Representative. staffThe member
purchase on of31additional
July 2000 FIDS in charge
of airport
"The
became operations,
evaluation
necessary report reporting
because alsoof to expansion
concluded
the DOTIthat Official of 1,
the theand
continued
company in
This investigation
Passenger this
Vendor
Terminal role
1
washas until
one 30
conducted
Building. September
manufacturer
The pursuant 2001.
in
already existingto Peja,
Engineering
which
systemcan’t
Executive had expertise
offer
Decision
been the was
Norequired
provided 2003/16provided
quality
on the
by Vendor byand atherefore
series
had too
1,establishment of the
long
engineers
a date
of for secondedTask
completion.
the Investigation
Airport Management from the armed
Force.
decided toThe forces
ITF
choose of a United
investigators
Vendor 1
Nations
conducted
again. memberan enquiry state,into specifically Airport raised
the allegations Engineer by 1,
Airport
In the Engineer
case of 2,
Vendor and 2, Airport
the Engineer
evaluation
interviews with persons indicated to be witnesses and 3,
reportand later
states
by
Thethe
that
personstheConsultant
Capitalcompany
potentially
Expenditure from
provided the
implicated Consulting
an in
Approval incomplete
the Firm."
andallegations;offer.were
contract by 39
obtaining documents from the
signed on 13 December 2002. The procurement file Pristina Airport
Whennot
does asked
administration show in why
whatfrom
and manner
Vendor 1 the
Pillar IV, offer
only which was
delivered were incomplete
thethenFIDS
in
butinterview,
analysed
did not the Procurement
forcable
relevance
it. Thetoneed Officer,
the inquiry
for cablingata hand.
member
the FIDSof
the Evaluation
resulted in anotherCommittee,
tender that stated that Vendor
commenced in 2March
submitted
IV. BACKGROUND an offer, which
INFORMATION did
2004. According to the procurement file it appearednot contain all the
required
that Vendor articles.
2 won the Competitive Shopping tender
Pristina
with International
an amount of 15.919 Airport constitutes a state
Euro.
The
owned Procurement
enterprise Officer was asked why
under Yugoslavian law.his/her
The assets of
explanation
the airport was
include
"Investigative details not theput in the
runways, tender
terminal evaluation.
buildings,
He/she replied
hanger, fuel storagethat itfacilities
was dueand to his/her
equipment. lack During 4
the period
The Airportcovered
Engineerbywas thisinterviewed
investigation, onfrom 2001
11 October
until 2003,
2004, as he/shethey wereis the maintained
responsibleby the Public
person to suggest
Enterprise
new projects Airport
to thePristina,
Airport(PEAP) Management.in cooperation
The Airport with
Military
EngineerUnits stated of that
the Kosovo
he/she Force was at(KFOR).
no timePursuantinvolvedto in
United
the FIDSNations
purchase Security
and did Council Resolution
not request 1244 dated
the support by
10 June 21999,
Vendor and UNMIKwith
Representative Regulation
regard to Norecommend
1/1999 dated
25 July
and 1999.
justify theUNMIK
FIDS supply.is mandatedThe Airport to administer
Engineerthe only
territory
recommended of Kosovo, including
the cabling state
of the owned
FIDS and publicly
in a note to the
owned
Airport assets.
Management; This includes Pristinaprocedures
all following International are
Airport."
under the responsibility of the procurement unit and 43
the management.

The Sales Manager of Vendor 1 was interviewed on

the phone on 30 August 2004. Asked why Vendor 1 did
not provide with the cabling of the FIDS he/she stated
that Vendor 1’s management did not allow traveling to
Kosovo at that time for security reasons. The Sales
Manager of Vendor 1 also mentioned that the
Airport's contact person with regard to the FIDS
cabling was for him/her Vendor 2 Representative." 44
contract
matter
Analysis
the
observed for
airport to
of the themeeting
closer
the
include Vendor,
notereview who
written
the runways,
between byhad
by Airport the notPEAP
terminal
the two submitted
Pristina Official
buildings,
men, the
lowest
management
suggestsfuel
hanger,
corroborated tender, to
thatstorage but,
the ensure
the companywas the
factfacilities
that the only
compliance
referred
and company
with
to in
equipment.
meeting that
airport
his place
took notemet
During as
as
the
the rigorous
charges.
“escavator”
stated. period covered istechnical specifications.
in factbyCompany 1, whoThe
this investigation, won Vendor
from the2001 is
acknowledged
contract
until 2003, fortheytheaswere a world-class
construction
maintained ofcompany
thebynew specializing
car
the Public park at in
such
The
Pristina
Enterprise equipment.
recently
Airport appointed
Airport and whose
Pristina,
ITF Investigators visited the Cargo Department Senior Official
representative
(PEAP) in of the Pristina
attended
cooperation a
with
Finance
Airport,
meeting
Military
Office towhen
in
Units theof
check advised
PEAP by theForce
Official’s
the Kosovo
official documentationITF of(KFOR).
office the
one innumber
day prior
Pursuant
relation oftototo
The
cash
the Company
United
the contract
transactions,
discovery
Nations between
of the was
Security
merchandise. Pristina
unaware
money. CouncilNoAirportthat thisofand
Resolution
trace the the
practice
1244 Vendor
payment dated
was
continued
10 the
of concluded
June€8,000 within
1999, could on the10
and UNMIK April
Passenger
be found 2003.
Regulation It is
Handling
in the Cargo not clear
Services
No 1/1999 when
Department dated
the
25
account Vendor
Department.
The sum1999.
July signed
of €5,200
books this
alleged
for 2003 document.
to have The
or 2004. beenKTA leftInternal
in the
Auditor
envelope
UNMIK is1 isexpressed
unusual, concerns
mandated since
to oneover
administer would theexpect
the conclusion
territory theofsum of
the
The contract,
information
to have been
Kosovo,
According including
to thewhich as
a “round resulted
to a
statelist
tariff credit
sum”
owned
that in
such the
andas
the Divisional
arrangement €5000.Officer
publicly
Finance Manager
for
ownedofthe
signing
Airline
assets.
the Cargo on Section
was
This behalf
also
includes of
providedthe Procuring
Pristina
provided toto the Entity
Pristina
International
the ITF, the onAirport.
Airport29 May
Company Senior
2003.
should have paid an amount of approximately did
Official
It should KTA
by be Official
thenotedITF 1
for also
that signed
his/her
an the
action.
interoffice contract,
memorandum but
not
from
Until
€32,000.00record
a former
the end the date
Juneagainst
forofAirport
storage Engineer
2002, his/her
fromtothe
fees responsibility name.
the KTAfor
23rd of the
The
Procurementcharges
administration
December shown
2003 Specialist,
oftothe in
15th the
Pristina"Price
dated
of March List for
26 September
Airport 2004." was Basic Airportto
2002,
entrusted
The
Services"
alleged
the Capital
Civilthat Expenditure
correspond
the PEAP Official
Administration with Approval,
those dated
charged
had accepted
Pillar (Pillar 19
to
II) of UNMIK, June
the
an open 2003,
was
Airline.
envelope
including signedIn
" II. Background of by
addition,KTA
documents Official
the audit2,
relating on
trail 20
to
Official 1 and Official 2. Pillar II supervisedinJune
respect
the 2003."
car of
park the
tender 45
cashDepartment
from
the handling
Companyreceipts, 2,ofafter recording,
the
Transport time and reconciliation
andforInfrastructure
submission of(DOTI)
bids
with
had
Official the1.cashbooks
concluded
ITF Investigators The DOTI andmet and
contrary
waswith airport’s
later
the to
known records
accepted
Company as the showed
procurement
Transport no
discrepancies."
procedures
Sector
Representative, of theonUNMIK the
who handling
Directorate
explained of bids.
that (This
a partallegation
of Infrastructureof his is
addressed
Affairs. DOTI
business in Official
involves ITF Case No.
left 0274/04)"
the1importation UNMIK at and the end of June
marketing of
2002.
LED "III. display
INVESTIGATIVE
DOTI Official
equipment. 2DETAILS
wasThe recruited
Company by the DOTIofas4an
consists
"ITF
international
partners: investigators staff visited
member the onBorder
31 JulyBoundary
2000 in charge Police
The
and
•of ITF reviewed
interviewed
airport
Partner 1operations, the current
two conventional check-inNeither
investigators.
procedures
officer
•reporting
Partner 2toat
recalled DOTI the Pristina
theOfficial
incident, 1,Airport andmade
but continued
and they confirmed this they
inextensive role
complied
enquiries
•until with
in
30 September
Partner 3 an observations
attempt to provided
trace the
2001. Engineering expertise was by
police the Senior
report and
Official
locate
provided
• Partner ofby
the 4the a Pristi
€5,200.series They were unsuccessful
of engineers secondedon from both a 47
counts. state’s armed forces specifically Airport
member
Engineer
The aboveI, company
Airport Engineer partners2 agreed and Airport to the Engineer
following 3,
On
and27 September
later
regarding by
thethe 2004,
Consultant
various the from
payments ITF senttothebeaConsulting
letter to as
effected UNMIK
Firm
Police
follows: Officer 2, in an effort to determine what
investigations
On
• Partner 2002,
1 July 2 andhad the been
Partner 3undertaken
responsibility
were tofor pay into
thethe
the total matter,
price of
thethe result
administration
all goods; of those of the investigations,
Airport passed andfrom the Pillar II to
whereabouts
•the Kosovo
Partner Trust
1 was of to
the
Agency
paymoney. (KTA) andregarding
everything Pillar IV. The VAT,
Divisional
Custom Manager
Duties, Localwas Taxesappointed
and Storage. at the Airport
The UNMIK
Sector, KTA at Policethe sameOfficertime. 2 indicated
Under him/her that Regional were the
Crime
PEAP Squad
Official Pristina
and the Region
Air
III. THE DUTIES AND RESPONSIBILITIES OF AIRPORTTraffic was undertaking
Control Services an (ATCS)
inves 49
Official 1. CARGO OFFICIALS
PRISTINA
Onwas
It 1 April 2004
Official 2’sPristina International
responsibility Airport,
to ensure that which
storage
had
fees until
werethat
paidtime
and been under
a record the payments
of the jurisdictionbeofkept.
KFOR,
The was handed
procedure over to civilian
for recording jurisdiction,
payments under
is that the
ICAO regulations.
airway bill with a customs stamp should have been
provided to the Finance Officer whereby he/she then
It is againstthe
calculates thisstorage
background of change
fees owed. Beforethatindividuals or
procurement procedures relating to
companies were allowed to retrieve their goods, this
the had
fee following
to be contract have been
paid pursuant to an examined.
official invoice. In 5
this instant case, there is no record of such an invoice
or any such payment. The absence of such a record is
highly unusual and establishes that monies owed to
the airport were not received in this case.

Official 1 worked in the Cargo Handling Office at the

Airport. As with Official 2, it was Official 1’s duty to
ensure that all payments made by customers of the
airport complied with the applicable regulations and
instructions." 51
The
of
Based DCDM
them Audit
onmentioned
the Report
findings the 2002/3
ofease
this withhighlighted
report, whichID/OIOStheya accessed
possible
problem with
official UNICEFthe
recommends a UNMIK
stamps,
following Bank Account,
stationeries
corrective and which has
computers,
actions: been
termed the “Company Account”.
although given the limited responsibilities of some of It was alleged that
there
them,was only one1:the
for example,
Recommendation signatory
It isdrivers, tosuch
recommended this account
access (Staff not
thatshould
UNON
Member
have 1)
occurred. and that the interest
takes appropriate action against the UNON/ITS Staff from this account
was
Further,
Member. going most to an
(ID unidentified
interviewees
Rec. No. IV03/575/01) private
stated thataccount.
they acted
alone and, with one exception, all denied that either
INVESTIGATIVE
their UNICEF or DETAILS
Recommendation UNON2: It iscolleagues
recommended assisted thatthemUNON in
their
takesfraudulent
corrective activities
measuresor tohadensurebeenthat otherwise
the
The
aware
UNON/ITSITFofInvestigators
orStaff
involvedMember established
in such
refundimproperthatmoney
the on 13 s/he
actions.and 20
July 2001,
"ALLEGATIONS UNMIK OF and the
CONFLICT
collected from UNPOS. (ID Rec. No. IV03/575/02) Company
OF INTERESTsigned a
AND contract
ABUSE
“Relating
OF AUTHORITY
INTRODUCTION to the Supply
BY SENIOR of Aviation
OFFICIAL Fuel
1, and
UNMIL the
Refueling
On 13 February
Recommendation of Commercial
2005,
3: Itthe Civilian Aircraftthat
Investigations
is recommended at Pristina
Division
UNON of the
Airport”.
The
Office of As
Investigations of
Internal 03 March
Division
Oversight
and UNPOS administration instructs staff on 2004,
of thethis
Services Contract
Office of
(ID/OIOS) was
Internal
thereceived
amended,
Oversight
a request that
necessity so that
Services
from UNON the
procurement Company
(ID/OIOS) also
received
Officialprocedures
1 to commenced
inquireinformation
beinto
followed. that
asupplying
Senior
allegations
(ID Rec. No.that aviation
Official for fuel
the and
United refueling
Nations services
locally recruited United Nations Office
IV03/575/03) Mission toin
military
Liberia
at Nairobi and
(SRSG non-commercial
UNMIL)
(UNON) staffwas may aircraft."
involved
have in business
engaged in improper 52
dealings
conduct with
by a businessman
submitting fraudulent
Recommendation 4: It is recommended that UNON operatingletters inofLiberia, and
had abused
appointments his authority
showing UNMIL
longer
issues advice to staff and UNON-based agencies to
contract the benefit
duration ofdates
either
"II.obtain
to
emphasizinghimself
BACKGROUND loans theorfrom
ofINFORMATION
the
thebusinessman.
necessity United Nations Co-operative
of submission of written
Savings and
requests for Credit
services. Society
(ID Rec. Limited (UN-SACCO), which
No. IV03/575/04)
The
UNMIL evidence
operates was adduced
UNON by
established
within onthe 19 investigation,
premises. September
The request does
2003 bynot
was
support
Security
prompted the
Council
by allegations.
an Resolution
earlier The
report
Recommendation 5: It is recommended that UNON ID/OIOS
1509. Officer
submitted investigation
1
to was
UNON
found
responsible
Management no evidence
administration forby UNON
shares thatthe
establishing the Senior
the 2,
Official
findings UNMIL
onOfficial
of Fuel
athis
schemewasCell with
report at the
involved
whereby
the in
startRepresentative
of the business
mission,
locally dealings
ofhaving
recruited the staff with
previously
members
Secretary the businessman,
served
General, as
fromUNPOS.
thean
nor thatwith
Officer
Nairobi-based
(ID Rec. he had
No. abused
theUnited
Mission
IV03/575/05)" his
desauthority
Nations Nations
Children’s to the
Unies benefit of
au
Fund/Somalia
either himself
République
Support Centre or(UNICEF/Somalia)
of the businessman."
Démocratique de Congo (MONUC).
obtained During 60
UN-SACCO
the
loans timeby
"VI. FINDINGS he served
submitting as an officer
fraudulent of
lettersthe UNMIL
of Fuel
appointments Cell,
theUN-SACCO.
to unit consisted The of himselfconcern
primary and 20 of other
UNON staff
members
Management
The UNON/ITS (fourwas International
Staff that a similar
Member staff and the remainder
hadfraudulent
intended scheme
to use
National staff).
might haveequipment
expensive Officer
spread to UNON 1 left
from the UNMIL
andUNON other andworkshop,
the United
Nairobi based
but
Nations
United on 30 June
did not Nations
receive Agencies.2004. His
permission to replacement,
do so from his/her Officer 2,
took over the
supervisor priorpost to on 8 Julyarrangement
his/her 2004. with UNPOS.
The request
When the UNON was Official
prompted by anofearlier
learned thesereport
In January to
submitted
arrangements, andUNON February
s/he told 2004
Management an audit
the UNON/ITS by UNON of "Fuel
Staff Official
Member 2,
Management
on a scheme in UNMIL"
whereby (Reference
the equipment could not be used by UNPOSmembers
locally recruited AP2004/626/05)
staff and that a
was
from
requestconducted
thefor by IAD1/OIOS."
Nairobi-based
extension ofUnited Nations
the satellite linkChildren’s
must go 63
Fund/Somalia
though the proper Support Centre (UNICEF/Somalia)
channels.
obtained UN-SACCO loans by submitting fraudulent
letters ofdid
UNPOS appointments
not receive an toextension
UN-SACCO. of The primarylink
its satellite
concern of UNONand
to the residence Management
the UNON/ITS wasStaff that Member
a similar did
fraudulent
not return the schememoney mightpaidhave spread to UNON and
him/her.
other Nairobi based United Nations Agencies. At the
timeCONCLUSION
VII. of the request, two ID/OIOS Investigators were
on mission to Nairobi on another matter, but given the
concerns
By personally expressed
undertaking by UNON Managers,
to extend the ID/OIOS
the satellite link
Investigators
to the RSG residence, were directed receiving money for said 69
undertaking, failing to provide the satellite link and
refusing to return the money paid to him/her, the
UNON/ITS Staff Member acted contrary to his/her
obligations under Staff Regulation 1.2

By personally undertaking to extend the satellite link

to the RSG residence, the UNON/ITS Staff Member
acted contrary to his/her obligations under The
Financial Regulations and Rules of the United Nations
ST/SGB/2003/7, Regulation 5.12." 73
doing business
March,
Pristina according
Internationalwith to the
an Organization.
exchange
Airport Some
last week
constitutes of these
between
a state
On
the 1French
matters
owned July 2002,
are theunder
particularly
ambassador
enterprise responsibility
complex
inYugoslavian
Washington for the
and span
Pierre
law. significant
The Vimont,
assets of
administration
periods
and of time.
Sarkozy's
the airport ofSince
thetheAirport
diplomatic
include its passed
inception,
advisor,
runways, fromthan
more
Jean-David
terminal Pillar II to
200
Levitte.
buildings,
the
VimontKosovo
matters, Trust
involving
conveyed Agency
numerous
that the (KTA) and
procurement
French
hanger, fuel storage facilities and equipment. During Pillar
President IV. The
cases
will in
Divisional
various
express
the periodhisManager
UN Missionsby
frustration
covered was
and appointed
that
this UN Washington
investigation,to thehas
Headquarters Airport
from have
backed
2001been
Sector,
referred
away2003,
until KTA
from at proposed
to its
the
they the
Task
weresame
Force. time.TheUnder
bilateral
maintained Task himPublic
by Force
intelligence
the were the
will report
PEAP
on Official
matters
cooperation
Enterprise and
agreement
Airport the
individually. Air
Pristina, Traffic
The Task
and(PEAP) Control
Sarkozy Force Services
has
in intends
cooperation to (ATCS)
given with
Official
priority
continue 1.
to tothe
push matters
for involving
closure. As
Military Units of the Kosovo Force (KFOR). Pursuant to the
Vimont eight andstaffLevitte
members
understand
United placed
Nations it, the on
Securityspecial
main leaveResolution
sticking
Council withispay.
point the1244 U.S. desire
dated
On
10 1 April
to continue
June 1999,2004
spying
and Pristina International
on France.
UNMIK On the topic
Regulation Airport,
No 1/1999of which dated
had until
In February,
Afghanistan,
25 July thatLevitte
1999. time been
2002,
UNMIK DPKO
noted under
that the
Communications
is mandated tojurisdiction
Sarkozy and ofto
is ready
administer theKFOR
was handed
Technology
authorize moreover
Services to
militarycivilian
Division jurisdiction,
trainers (CITS)
territory of Kosovo, including state owned and publiclybut sought
wants under to ICAO
obtain
clarification a
regulations.
new
on systems
how many contract
are needed,for laptop
given
owned assets. This includes Pristina International computers.
the conflicting Mr. figures
Cabrera
from
Airport.U.S.was the procurement officer in the
sources."
It is against this
procurement background
department (PD)of change
assignedthat to this matter.
procurement
The 1 July 2002, the responsibility for thefollowing
Chief
"Description
On of procedures
CITS communicated relating to
his the
request to PD, and
contract
on February have 25,been2002 examined.
administration of the Airport passed from Pillarwas
an expression of interest II to 8
issued
Top
the by PD.
Secret
Kosovo US An
Trust invitation
National
AgencySecurity to bid
(KTA) followed
Agency
and IV.onThe
Pillarreport April
onKTA15,
2002 which
highlights
Divisional wassignals
from
Manager transmitted
wasintelligence to 36 vendors
appointed intercepts
to the Airport fromof nine
countries.
highlevel
Sector, KTA CITS
French
at theadvised
samePD
government that
time. they desired
communications.
Under him were only The
the
“IBM,
extract Dell
dating
PEAP Official andand Compaq”
from theMarch
ACTS based
24, on ITSD
2010
Official. standards for
summarises
desktop computers.
communications On thethe
between other
Frenchhand, PD and thein
Ambassador
Information
Washington
On 1 April 2004 Technology
D.C.Pristina
Pierre Vimont,Servicesand
International Division
French (ITSD),
Airport, President
which
involved
Nicolas
had in thetime
untilSarkozy's
that processbeenbyunder
diplomatic Mr. Bahel,
advisor recommended
Jean-David
the jurisdiction of KFOR
adding
Levitte.
was Toshiba, overSony,
The report
handed Fujitsu
toreveals
civilian and NEC
various tounder
potential
jurisdiction, thetopics
list.
ICAO In a
subsequent
Sarkozy
regulations.intendedexchange to of
raise emails
with USbetween
President PD and
Barack the
requisitioner
Obama
"Descriptionduring(CITS and ITSD),meeting
an upcoming C in Washington. 82
Topping
It is againstSarkozy's agenda is his
this background frustration
of change thatthat the US
has backed away
procurement
Interception from Ambassador
ofprocedures
French a bilaterial
relating to intelligence
inthe following
Washington
cooperation
contract have
Jean-David agreement
beenreveals
Levitte which
examined." might restrict
his frustration towards the US a
ability to continue spying on France.
report from Iraq Survey Group and its finding that the Other issues
include
"BACKGROUND
UN the potential
Oil-for-food French
INFORMATION
program wascommitment
possibly misused of military
by
trainerscompanies.
French to Afghanistan, In thea interception
potential European Levitte states
Aeronautic
Pristina
that Defence that
it isInternational
scandalous and
AirportSpace
no U.S. Corporation
constitutes
companies (EADS)
a stateare named
contract
owned
in the reportfor tanker
enterpriseand claimedaircraft
under withmany
Yugoslavian
that the US military,
law.
French The and aof
assets
companies
trademark
the airport dispute
include concerning
the runways,
named were actually subsidiaries of U.S. firms. He the French
terminal spirits
buildings,
company
hanger,
plannedfuel toPernod
storage
present Ricard."
facilities
the list of andthese equipment.
companiesDuring to both 89
period
the U.S. coveredand
Congress by the
this media.
investigation, from 2001
until 2003, they were maintained by the Public
Enterprise
(TS//SI) Airport
French EnvoyPristina,
Plans(PEAP) to Release in cooperation
List of U.S. with
Military
Firms Who Units of the Kosovo Force (KFOR). Pursuant to
United Nations
Allegedly Profited Security
From OFF Council Resolution 1244 dated
10 June 1999, and UNMIK Regulation No 1/1999 dated
25 July 1999.TO
(TS//SI//REL UNMIKUSA, is AUS,mandated
CAN, GBR to administer
and NZL) French the
territory
Ambassador of Kosovo,
Jean­David including
Levitte state owned and plans
in Washington publicly to
owned
respondassets.as early Thisas includes
today toPristinainformation International
in the Iraq
Airport."
Survey Group report regarding possible misuse of the 9
UN Oil­for­Food (OFF) program by companies from
France and other countries during the former Iraqi
regime. The ambassador termed the report
scandalous, since it named no U.S. companies and he
claimed that many French companies with contracts
under the OFF program were actually subsidiaries of
U.S. firms that also profited from the business
dealings. He therefore planned, with foreign ministry
backing, to present a list of these U.S. companies to
both the U.S. Congress and the media." 91
PDF