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Viewing cable 04KUWAIT3063, IAMB RECEIVES KPMG UPDATE ON DFI AUDIT, EXPRESSES

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Reference ID Created Released Classification Origin
04KUWAIT3063 2004-09-11 11:06 2011-08-30 01:44 CONFIDENTIAL Embassy Kuwait
This record is a partial extract of the original cable. The full text of the original cable is not available.
C O N F I D E N T I A L SECTION 01 OF 05 KUWAIT 003063 
 
SIPDIS 
 
STATE FOR EB/IFD/OMA DANIEL PETERS, THOMAS ENGLE 
STATE FOR NEA/ARP 
STATE FOR NEA/NGA BOB SILVERMAN 
STATE FOR IO/UNP BROOK MILTON 
BAGHDAD FOR ANNE DERSE 
TREASURY FOR LARRY MCDONALD 
 
E.O. 12958: DECL: 09/12/2014 
TAGS: EFIN IZ UN KW
SUBJECT: IAMB RECEIVES KPMG UPDATE ON DFI AUDIT, EXPRESSES 
'STRONG CONCERN' WITH DELAYS 
 
REF: A. USUN NY 1723 
     B. STATE 151993 
     C. 03 STATE 138585 
 
Classified By: Charge d'Affaires Matthew H. Tueller for Reason 1.4(d) 
 
1.  (SBU) Summary: The International Advisory and Monitoring 
Board (IAMB) on Iraq met in Kuwait on 7-8 September to 
receive a briefing from KPMG on the status of the second 
stage of the external audit work on the Development Fund for 
Iraq (DFI).  In its press release after the meeting, the IAMB 
noted that it had not yet received reports on audits of 
sole-source contracts, despite repeated requests, and it 
expressed its "strong concern with these delays that hamper 
fulfillment of its mandate."  Permanent members of the board 
representing the Interim Government of Iraq (IIG) attended an 
IAMB meeting for the first time.  KPMG pointed out 
difficulties in getting information from the now-dissolved 
CPA, and the IAMB asked for continuity of DOS representation 
for the remainder of the Board's mandate.  End Summary. 
 
2.  (U) On 7-8 September, the IAMB held its monthly meeting 
at the Arab Fund for Economic and Social Development (AFESD) 
in Kuwait.  Per UNSCR 1483 (2003), the IAMB is an audit 
oversight body for the Development Fund for Iraq (DFI) and 
functions akin to an audit oversight board (Refs A and B). 
The IAMB's mandate was continued through 2005 per UNSCR 1546. 
 This meeting was held at the AFESD in Kuwait, per the 
AFESD's membership on the board (Ref C).  The Iraqi IAMB 
member and his advisor attended only the second day of the 
meeting. (List of attendees in para 20). 
 
 
--------------------- 
(U) KPMG Presentation 
--------------------- 
 
(U) Overview 
------------ 
 
3.  (C) On 7 September, KPMG representatives presented an 
interim update of its external audit of the Development Fund 
for Iraq (DFI).  KPMG is in the process of completing its 
audit of the DFI for the period 1 January to 28 June 2004. 
The current process includes: completing an audit of the DFI 
statement of cash receipts and payments; and agreeing upon 
procedures for auditing the oil proceeds receipt account, 
export sales of petroleum and petroleum products, and 
disbursements from the CPA and Iraqi ministries.  Pending 
matters include: obtaining further information from Iraqi 
ministries, including the Kurdish Regional Government (KRG); 
and receiving audit material and information from the US Army 
Corps of Engineers (USACE) and the US Defense Energy Support 
Center (DESC). 
 
4.  (C) In its presentation, KPMG noted the following 
challenges to the completion of its audit: 
- KPMG did not have access to the Iraqi ministries until 16 
August. 
- The CPA Contracting Officer Representative (COR) left 
Baghdad in July and replacement has not yet arrived. 
- DOD PCO just arrived and is scheduled to rotate out in 
November. 
- Most CPA Senior Advisors and staff have left Baghdad. 
- Numerous CPA documents were shipped to Washington for 
storage. 
- Security continues to be a critical issue for the KPMG 
staff. 
 
(U) Program Descriptions and Audit Findings 
------------------------------------------- 
 
5.  (C) KPMG discussed preliminary findings of its audit of 
CPA-administered projects accounting for $4.791 billion in 
DFI money.  This total consists of $4.1 billion for projects 
approved by the Program Review Board (PRB), $355 million 
under the Commander's Emergency Response Program (CERP), $227 
million under the Regional Rapid Response Program (RRRP), and 
$88 million spent by the Program Management Office (PMO). 
 
PRB: Programs managed and administered by the CPA.  Over 50 
programs at a cost of $4.121 billion. 
 
Findings: 
- Monitoring of projects not consistent with CPA regulations 
- Lack of access to supporting documentation 
CERP: Coalition Forces projects such as road construction, 
school and hospital repairs, waste disposal and water 
treatment.  Over 7,000 payments with 11 military divisions of 
$355 million. 
 
Findings: 
- Incomplete list of disbursements 
- Inadequate or missing supporting documentation 
- Disbursements not in accordance with written guidelines 
- Payments "split" to meet authorization levels 
- Vouchers not returned / ongoing projects ($93 million as of 
13 August) 
 
RRRP: Local government assistance program monitored by CPA 
Ministry of Finance and PMO.  Payments of $227 million with 4 
governates, coordinated by military and civilian groups. 
 
Findings: 
- No list of disbursements; only boxes of receipts 
- Inadequate or missing supporting documentation 
- Inadequate written guidelines 
- Disbursements not in accordance with written guidelines 
- Over $10 million of grants with inadequate 
monitoring/documentation 
- US Army Corps of Engineers received $48 million 
- Vouchers not returned / ongoing projects ($65 million as of 
13 August) 
 
PMO: Local government assistance program managed by the PMO. 
Payments of $88 million coordinated by military and civilian 
groups. 
 
Findings: 
- $6 million in clinics for Fallujah 
- Vouchers not returned / ongoing projects ($61 million as of 
13 August) 
 
(U) Iraqi Ministries 
-------------------- 
 
6.  (C) Under the CPA Ministry of Finance, a payment of 
$1.635 billion was made to the Kurdish Regional Government 
(KRG) without adequate monitoring of disbursements.  KPMG has 
not been able to gain access to the KRG to complete a proper 
audit.  KPMG only gained access to the Iraqi Ministry of 
Finance on 16 August.  KPMG has performed audit procedures on 
six ministries (Finance, Oil, Housing and Construction, 
Health, Transport, and Electricity.)  Regarding payments made 
by the CPA on behalf of Iraqi ministries, KPMG was unable to 
assess how the CPA monitored the contracts.  KPMG also 
reported that the CPA did not reconcile receipts with 
payments, and that contracts and Letters of Credit (LoCs) 
were not available at the CPA. 
 
(U) USACE and DESC 
------------------ 
 
7.  (C) KPMG reported that the CPA contracted with the US 
Army Corps of Engineers (USACE) for a variety of programs. 
Value of payments to the USACE utilizing DFI funding is more 
than $1.985 billion, with a Memorandum of Understanding 
serving as the contract between the parties.  KPMG noted that 
various audits and investigations of the USACE projects in 
Iraq are ongoing by the US Department of Justice, Inspector 
General and other agencies.  KPMG also reported that 
responsibility for fuel imports was transferred to the 
Defense Energy Support Center (DESC) in 2004.  The value of 
the DFI-funded fuel imports is $645 million, KPMG reported, 
with a Memorandum of Understanding serving as the contract 
between CPA and DESC.  KPMG said that it understood that fuel 
imports were coordinated with approximately 10 suppliers from 
the Middle East. 
 
(U) Completion of 2004 Procedures 
--------------------------------- 
 
8.  (C) KPMG Managing Partner Michel Picard said that he 
planned on closing down the books on September 30 and 
bringing his team back to Bahrain to write the report.  He 
asked the IAMB to help with access to Iraqi officials and 
ministries, and he asked DOD PCO Col. Heetland to help with 
access to former CPA officials and information about the 
USACE and DESC contracts.  KPMG finished its presentation by 
listing the following actions needed for it to complete the 
audit for the January - June 2004 period: 
 
- Completing its test-work and follow-up on outstanding 
information 
- Receiving outstanding confirmation letters from the UN, the 
Central Bank of Iraq (CBI), JP Morgan and the Iraqi ministries 
- Discussing the approach to the USACE and DESC transactions 
- Accessing the July DFI bank statements to test June crude 
oil sales 
- Accessing the SOMO accounting records for export of oil 
products 
- Determining the authorized officials from the former CPA to 
sign the financial statements and lawyer and representation 
letters to be submitted by KPMG to the IAMB 
- Finalizing the financial statement, AUP reports, audit 
opinion and management letter. 
 
--------------------------------------------- 
(U) Board Discussion, Comments, and Questions 
--------------------------------------------- 
 
9.  (SBU) When KPMG reported its difficulties in getting 
information about the USACE and DESC contracts, Bert 
Keuppens, Senior Advisor of the IMF's Finance Department, 
said that the IAMB "must have progress on the sole-source 
contract audit," and that the Board had "requested access to 
special audit reports but had not yet received them." 
Kueppens added that the IAMB was trying to operate under its 
terms of agreement but its "demands are not being met."  He 
said that the Board "will go on record noting a lack of 
cooperation from the US side." 
 
10.  (SBU) On the MOU between CPA and the USACE and DESC 
asking for fuel deliveries, Deputy Finance Department Chief 
Chris Hemus of the IMF said that these MOUs could be used "as 
a front for sole-source contracts," and that the IAMB "will 
assume this has taken place unless we hear otherwise."  Hemus 
also inquired as to whether any of the fuel contracts were 
dated prior to May 22, 2003, and noted that, if they were, 
"someone was spending Iraq's money without a proper 
contract."  Col. Heetland responded that the USACE may have 
been contracting with some companies prior to May 2003 and 
that new "task orders" were then added on to these contracts. 
 The IAMB asked for further clarification on this point in 
the future. 
 
11.  (SBU) On PRBs, Hemus inquired about $96 million in PRB 
"Other Programs" that had been identified by KPMG as being 
funded by the DFI but should have been funded by the U.S.  A 
"media network" contract was discussed in this context.  UN 
Assistant Secretary-General Jean-Pierre Halbwachs said that 
the U.S. went overbudget on this program and shifted the cost 
to the DFI.  On CERPs, the IAMB wanted to know why there was 
no third-party verification of delivery of goods or services 
on the contracts.  Keuppens said that "if the public were to 
see this system (of accounting), they would say that this is 
a total breakdown of control."  On RRRPs, the IAMB had many 
questions about who the entities reported to and who had 
oversight.  Keuppens said that he was surprised that "the 
smoothest running military in the world appears to have had a 
total breakdown of financial controls."  Col. Heetland 
identified specific cases that he was tracking for more 
information, but assured the IAMB that any discrepancies were 
"the exception, not the rule." 
 
12.  (SBU) Members of the Board asked KPMG if now or at some 
point in the future it could be said definitively that a 
specific number or percentage of payments were not accounted 
for properly.  KPMG responded that it was possible to say 
that a specific number of transactions were not properly 
documented, but that KPMG would not be able to then 
extrapolate and say that any of the transactions were 
fraudulent.  Board members asked for an exact quantification 
of the dollar amount of transactions that were not properly 
documented. 
 
13.  (SBU) On the transfer of $1.6 billion to the KRG, the 
Board asked why the money was transferred directly to this 
entity rather than going through the Ministry of Finance. 
Col. Heetland explained that the transfer was made based on 
security needs and the need to secure the money in place in 
the north before the transfer of authority in June.  The 
Board told KPMG that this money was from DFI money and that 
KPMG would have to include it in the audit.  Col. Heetland 
said that he would ask Ambassador Negroponte to facilitate 
access to the Kurdish area for the KPMG team in order for 
them to complete the audit. 
 
14.  (SBU) On the second day of the meeting, the IAMB asked 
more questions about the sole-source contracts and about 
audit information from USACE and DESC.  The Board inquired 
about an audit of a KBR contract, saying that "this is the 
one we are specifically interested in."  The Board said that 
they had requested this material earlier and wanted to know 
why the DCAA audits of single-source contracts had not yet 
been completed.  Col. Heetland explained that one had been 
completed and a redacted summary would be provided soon, and 
that the others would be completed by the end of September. 
 
15.  (SBU) Keuppens of the IMF closed the meeting on the 
second day by saying that "the Board understands that there 
will be some delays in the special audits," and that the 
Board has "accepted the regrets of the CPA and other agencies 
in the past," but added that the Board "needs assurances that 
(the audits) will proceed."  "We're willing to be patient 
with changes in personnel," he added, "but delaying (the 
production of information about audits of sole-source 
contracts) past one more meeting would be unacceptable." 
 
---------------------------- 
(U) Other Business Discussed 
---------------------------- 
 
16.  (U) The Board decided on a timetable for awarding a new 
contract for an audit of the DFI, per the expiration of 
KPMG's contract.  The Statement of Work will be submitted to 
the IIG by 21 September; a tender will be issued on 6 
October; 26 October will be the deadline for receiving bids; 
and the contract will be awarded at the 6-7 December meeting 
of the Board.  The Board handed out a draft Statement of Work 
for the new contract. 
 
17.  (U) The Board also was given copies of a presentation 
titled "CPA Inspector General Report to Congress - July 
2004".  The Iraqi member of the IAMB and his advisor assured 
KPMG that they would do everything they could to ensure KPMG 
had quick and easy access to the Iraqi ministries necessary 
to complete KPMG's audit procedures.  The next meeting of the 
IAMB was set for October 11-12 at the United Nations in New 
York. 
 
18.  (U) The Board asked for continuity of Department of 
State representation at future Board meetings, and asked for 
Embassy Baghdad assistance in securing visas for Mr. Bahrani 
and Mr. Hasson to attend the October meeting in NY.  Embassy 
Kuwait Econoff told the Board that both requests would be 
relayed to the appropriate officials. 
 
--------------------------------------------- ---- 
(U) Text of IAMB Press Release, September 8, 2004 
--------------------------------------------- ---- 
 
19.  (U) Begin Press Release.  "In connection with its work 
related to UN Security Council resolution 1483 (2003) the 
IAMB received a briefing from KPMG on the status of the 
second stage of the external audit work, i.e., the export 
sales of Iraqi oil, petroleum products and natural gas, and 
the DFI operations for the period January 1 through June 28, 
2004. The audit work is largely complete and KPMG expects to 
issue the final audit reports in early October 2004. Similar 
to the process for the first stage audit reports (for the 
period May 22, 2003 through December 31, 2003), the IAMB will 
ensure that the audit reports are made public (see 
http://www.iamb.info/dfiaudit.htm) 
 
"The special audit requested by the IAMB to determine the 
extent of sole-sourced contracts funded by the DFI has yet to 
be commissioned. Also, the IAMB has not received reports on 
audits undertaken by various US agencies on sole-sourced 
contracts, despite repeated requests. The IAMB expressed its 
strong concern with these delays that hamper fulfillment of 
its mandate. 
 
"In connection with its work related to UN Security Council 
resolution 1546 (2004) the IAMB discussed the revised terms 
of reference and rules of procedures for its work, which it 
expects to finalize shortly. The IAMB reviewed the scope of 
work for the external auditors to be appointed by the 
Government of Iraq to audit the oil export sales and DFI 
operations since June 28, 2004 in accordance with resolution 
1546. The IAMB, in particular the Iraqi member, will work 
with the Government of Iraq to ensure the expeditious 
approval and appointment of duly qualified external auditors. 
 
"The next meetings of the IAMB are tentatively scheduled for 
October 11-12 and December 6-7."  End Press Release. 
 
---------------------------------- 
(U) List of IAMB Meeting Attendees 
---------------------------------- 
 
20.  (U) Attending the 7-8 September Board meeting were: 
 
BOARD MEMBERS: 
 
Jean-Pierre Halbwachs, Assistant Secretary-General, 
Controller of the UN 
Moses Bamuwamye, Finance Officer, UN 
Teklay Afeworki, Finance Officer, UN 
Bert Keuppens, Senior Advisor, Finance Department, IMF 
Chris Hemus, Deputy Chief, Finance Department, IMF 
Fayezul Choudhury, Vice-President and Controller, World Bank 
Caroline Harper, Lead Operations Officer, World Bank 
Dr. Khalifa Ali Dao, Senior Financial Advisor, AFESD 
Maysoun Abusitta, Assistant Researcher, AFESD 
Adel Al-Hasson, Representing the IIG 
Izziddin Al-Bahrani, Representing the IIG 
 
KPMG: 
 
Michel Picard, Managing Partner, KPMG Fakhro 
Robert Fraher, KPMG Fakhro 
 
OBSERVERS: 
 
Cameron Leuthy, Foreign Assistance & International Financing, 
OSD 
Colonel Sidney Heetland, DOD PCO, Embassy Baghdad 
Embassy Kuwait EconOff Sam Werberg (Acting DoS representative 
and notetaker) 
TUELLER