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Article #64BNL: Congressional Transcript 2/21/91
From: Rich Winkel
Date: Mon, 03 Aug 1992 21:15
Date: Mon, 03 Aug 1992 21:15
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/** mideast.gulf: 34.0 **/
** Topic: BNL - GONZALEZ - Feb 21, 1991 **
** Written 1:00 pm Jul 29, 1992 by cadwallader in cdp:mideast.gulf **
684
Banca Nazionale del Lavoro - Congressional Record
February 21, 1991
H 1111
Rep. Henry Gonzalez
COMMITTEE ON BANKING FINANCE AND URBAN AFFAIRS'
INVESTIGATION OF BANCA NAZIONALE DEL LAVORO
Mr Speaker, this is the second in a series of special
orders that I have planned concerning the Committee on
Banking, Finance and Urban Affairs of the US House of
Representatives' investigation or the Banco Naxionale del
Lavoro, otherwise known as the BNL scandal.
As explained in the first special order on February
4, the BNL scandal is a sensational bank fraud and
regulatory blunder in which former employees of the
Atlanta agency of the BNL, which is really an Italian
Government-owned bank, were able to loan tIraq three
billion without presumably reporting those loans to its
headquarters in Rome or to the Federal Reserve and State
banking officials.
I brought out also in the first special order that in
effect the alarming thing about this, as we first began to
look into it more than a year and a half ago, was that it
revealed an absence of suitable regulatory oversight on
the part of our American regulatory system, which means
that the United States is the only nation in the
industrialized world, West or East, that permits such a
tremendous volume of foreign money, in effect better than
six hundred and thirty five billion right now, with little
or no accountability or regulatory power exerted from the
national interest standpoint of the United States.
The bank regulatory failure in this case is and
continues to be the main focus of attention of the
Committee on Banking, Finance and Urban Affairs. The
committee will pursue legislative remedies to ensur that
entities like BNL are properly supervised.
As a matter of fact, this morning in the Washington
Post there was a considerable story in which it was
reported that the Federal Reserve Board was looking into a
WWashington-based bank's control or ownership influence by
Iraq or Iraqi elements.
Well, let me say that if that is coming to light, it
is coming too late, as in the case of BNL.
What continues to be disturbing to me is that nobody
knows what the type of activity involving this huge amount
of money in the United Atates, in which foreign entities
owned by foreign governments cam, in the exercise of their
business, be acting contrary to the basic national policy
as set forth by our own Government.
The second main facet of the investigation deals with
BNL's relationship with Iraq. The committee is
investigating the role BNL played in upgrading the
military capability of Iraw, which is quite considerable.
If our boys, as it looks now, unfortunately and
tragically will be the case, will to into the ground
fighting, they will be facing death or serious bodily harm
by missiles of chemical weapons actually funded and paid
for by US businesses and guaranteed by the American
taxpayer.
As astounding as this is, it is and has happened, and
continues to, incidentally.
BNL was one, not the only one, but probably one of
the more significant, sources of funding for a complicated
Iraqi scheme to obtain sophisticated Western technology
and know-how.
BNL financed the sale of chemicals, specialty steel
products, sophisticated computer controlled industrial
machinery, electronic components, computers and
engineering and construction services. Much of this
technology had civilian as well as military uses.
Evidently the United Sttes and other Western nations
ignored the true intentions of Iraq, though personally I
think that those intentions were well-known, except that
at that time, and I think in view of what is happening
today, and being that we seem to have very short memories
nowadays, we find it difficult to evoke the environment
that existed during the Iraq-Iran war for eight years
immediately folowing the truce in which we had actually,
as a matter of Government policy, been aiding and
abtetting the Iraqis against the Iranians.
PAGE H112
Section 1400 Congressional record:
That sounds unbelievable today, but it is true. Truth
is stranger than fiction.
It is equally true that forty seven point six billion
dollars-worth in an eight-year period, of sophisticated
weaponry was provided Iraq, by not only the United States
but almost every other country, including the so-called
People's Republic or People's Country of China which used
the technology that our licensing agreements enabled the
CHINESE to produce, such as the Silkworm missile which,
incidentally, was the missile that sank or damaged and
killed thirty seven of our sailors just a few years ago,
fired by an Iraqi source when our Navy was flying the flag
for Kuwaiti oil tankers and patrolling the fulf.
Indicentally, the reason that all this financing
could be done by the Iraqi Government through its central
bank and through these foreign government-opwwned banks
with either branches or agencies, as they call them in the
United States, and the one particularly in Atlanta, is
that President Reagan in 1983 saw fit to remove Iraq from
the list of nations that he himself listed as terrorist
nations. And when he removed Iraq from that designation it
opened the sluice gates for considerable commerce and
weapons trading.
The BNL was also a major source of agricultural
financing for Iraq. BNL financed the sale of over eight
hundred and fifty billion in United States agricultural
products to Iraq: seven hundred and twenty million of that
amount was guaranteed and ultimately is being paid for by
the United States Department of Agriculture's Commodity
Credit Corporation, or the taxpayer.
Between 1983 and 1990, the CCC granted credit
guarantees which enabled Iraq to purchase a total of five
point five billion dollars in United States farm products.
In addition, the Export-Import Bank granted Iraq a two
hundred million insurance polity to protect United States
companies against the potential risk of loss related to
exporting goods to Iraq, and of course they did suffer
that loss and, of course, the taxpayers pay that guarantee
or insurance.
These United States Government guarantees were very
important to Iraq. It not only permitted Iraq to purchase
high-quality food for its people and its army, it freed up
a like amount in foreign exchange, more importantly, which
was used to purchase the technology and military goods
from various countries around the globe.
The BNL scandal which burst onto the scene publicly
in August 1989 played a key role in the disintegration of
United States-Iraq relations. As we are now tragically
aware, the break in United States-Iraq relations
ultimately ended in war.
Revelation of the BNL scandal was important to United
States-Iraq relations because of several reasons. BNL was
a major bank participant in the Commodity Credit program
with Iraq. Alleged violation of CC regulations by bnL in
Iraq, still being investigated by our United States
attorney in Atlanta and by the Department of Agriculture,
made and compelled the administration, this
administration, to rethink the billions of dollars in
agriculture credit guarantees provided to Iraq. Iraq
received one billion dollars in agriculture credit from
1989.
Mind you, it was in August 1989 that we had the first
exposure of the deal, but at that time the climate was
very favorable in our country and in our Government, as a
matter of policy toward Iraq, as contradistinguished from
Iran. The Department of Agriculture was in the midst of
granting Iraq another one billion program for 1990 when
the BNL scandal surfaced.
Facing pressure from possible irregularities in the
Iraqi program, the Agriculture department was reluctantly
forced to limit the program with Iraq in 1990 to five
hundred million. The Iraqis were incensed, because Iraq
was effectively bankrupt and had little money to purchase
food with. It was counting on an increase in the CCC
program, and not a huge cut in the program. This was a
blow at the time for Iraq. Iraq took the lowering of the
five hundred million level as an insult. They claimed this
action was indefensible because they were not violating
American law at that time, as indeed they were not since
Mr Reagan removed them from the list in 1983, and that no
formal charges had been filed against them because of the
BNL scandal.
Lowering the level of the CC credit to five hundred
million also placed increased pressure on Iraq's already
scant resources.
The implication of the BNL scandal did not end there.
As I have mentioned earlier, BNL was a major source of
financing for a complicated Iraqi technology procurement
network. During the 1980's, Iraq established ownership or
control of a sophisticated network of United States and
European front companies whose primary mission was to
obtain Westen military technology and know-how and export
it back to Iraq.
Of course, the Iraqis were very secretive in their
dealings and were careful to conceal their true
affiliation. During the latter half of the 1980's they
relied heavily on these BNL loans to finance the
procurement of much of the Western technology they were
seeking, including the so-called big gun, the chemical
weapons component and other missile and munition
facilities, one of which plants was established in
Baghdad.
But BNL loans were not ordinary financing. BNL
contracted to loan Iraq two point one five five billion
dollars at interest rates that were not economically
feasible. In addition, a good portion of those loans did
not have to be paid back for many years: they were long
term, which is incredible. The Small Business
Administration has not in many years been able to do
anything one-tenth as much for any US businessman.
The former employees of BNL were operating like a
charity, not a bank. The BNL raid in August 1989 put an
end to this practice at that point and certainly put a
damper on the Iraqi procurement of a long list of United
States and Western technology. About one billion dollars
at that point had not yet been disbursed under the charity
loan schemes when BNL was raided in August 1989.
The BNL scandal also made the Baghdad dipiomatic
community worry that Iraq was so desperate for credit it
was willing to engage in illegal activity. Iraq feared its
already tarnished financial reputation because of their
defaults would be further damaged by BNL's scandal, and
they were woried that the scandal would possible
jeaopardize high-profit Iraqi projects being constructed
by foreign companies.
While BN: money and United States credit guarantees
would not have been significant to a financially strong
nation, it was critically important to a country like Iraq
because it was in such a poor financial shape after the
terribly inhuman eight-year was with Iran.
Section 1410
By the end of 1989, Iraq had already defaulted on most of
its debts with the governmentss and private companies of
most Western countries as well as with Japan and Jorea.
Until the BNL scandal, the United States had almost been
the only exception in this rule. Iraq had remained
relatively current on its United States obligation.
But limiting United States Government credit programs
becasuse of BNL lending to Iraq was eventually the
proverbial last straw that broke the camel's back in that
effectively rendering Iraq bankrupt.
The impact of the BNL scandal and its effect on Iraq
is echoed in the words of the Iraqi Foreign Minister
during his meeting with Secretary of State James Baker
just prior to the allied offensive against Iraq. Iraq had
offered many escuses for its brutal invasion of Kuwait.
Among others, it accused the United States, other Western
nations, Israel, and Kuwait of conspiring to destroy it
economically. Related to the United States role in this
supposed scheme, Tariq Aziz, the diplomat and Foreign
Minister, stated in his Geneva meeting with Secretary
Baker, and I am going to quote:
>The United States actually implemented an embargo on Iraq
>before August 2, 1990. We had dealing with the United
>in the field of foodstuffs. We used to buy more than one
>billion of American products. Early in 1990, the American
>administration suspended that deal which was profitable
>for both sides. Then the United States Government
>decided to deny Iraq the purchase of a very large list of
> items.
Evidently, to the Iraqis, the impact of the BNL
scandal was a key factor in the decline of the United
States-Iraqi relations.
Page H1113 - Congressional record
As we know, Saddam Hussein reacted to his dire
financial straits by invading Kuwait which ironically,
along with several other Arab nations, had loaned Iraq
tens of billions of dollars during the conflit with Iran.
To summarize, the failure of our bank regulatory
system to detect the three billion dollars in shady loans
to Iraq, coupled with billions in questionable credits to
Iraq, along with our inability to stop Saddam from
importing BNL-financed technology whicy was used for
military purposes, is being used now in {ways] which our
soldiers will confront, all worked together to cause our
war with Iraq.
Hopefully, the committee's investigation of BNL will
shed light on how these failures occurred. I would hope an
understanding of these failures would work to reduce the
risk of more Iraqis on our horizon, even now especially
before we are forced to risk many more lives of our
soldiers.
I would like to take this opportunity to demonstrate
another important reason for proceeding with the Banking
Committee's investigation. I have obtained from a source I
must protect a memorandum that indicates a top-ranking
administration official from a Cabinet-level Department
had knowledge that BNL was used for purchasing military
goods. This administration official was concerned that the
revelation of BNL financing of military articles would be
bad for his particular program, because it would cause
considerable adverse congressional reaction and press
coverage.
He stated in this memorandum:
>In the worst-case scenario, congressional and other
>investigators would find a direct link to financing Iraqi
>military expenditures, particularly the Condor missile.
The astonishing contents of this memorandum shed
significant light on the administration's and the Federal
Reserve Board's efforts to thwart our Banking Committee
and its investigation of BNL. To date, they remain silent
on the topic of BNL financing of military articles.
With all the lessons we cold learn from the BNL
scandal, let me say by the way of parentheses, I am
submitting in furtherance of what this comment from this
official implies, in this RECORD, Mr Speaker, at this
point, an article in the Financial Times of London, an
article of February 21, 1991, entitled <Warning Forced
Bechtel Out of Iraq Chemical Project>, and believe it or
not, this involves a former Secretary of State, George
Schultz, who after he left the secretaryship went back to
his employer, the Bechtel Corporation, which is where he
had come from, and this article by Alan Friedman,
reporting out of New York for the London Financial Times,
says, <I said something is going to go very wrong in Iraq,
and if Bechtel was there, it would get blown up.>
[From the Financial Times, Feb. 21, 1991]
WARNING FORCED BECHTEL OUT OF IRAW CHEMICAL PROJECT
By Alan Friedman
Bechtel, the California construction group, withdrew
from an Iraqi petrochemicals project on the advice of Mr
George Schultz, the former US secretary of State, who
hoined the company's board of directors after leaving the
Reagan administration in 1989. Mr Schultz disclosed his
role in an interview with the Financial Times.
Bechtel has also revealed, separately, that it was
instructed by the government of Iraq to obtain payment for
work it did on the petrochemicals project from the
Atlanta, Georgia, branch of Banca Nazionale del Lavoro
(BNL).
BNL is the Italian bank caught up in the scandal over
three billion dollars (one point five billion pounds) of
Iraqi loans made in 1988 - 1989 by its Atlanta branch.
Indictments of US bank employees and Iraqi officials
implicated in the scandal were due to have been announced
last week, but they have been delayed after a fresh round
of consultations in Washington.
The disclosures by Bechtel come amid allegations by
US chemical weapons experts that Baghdad planned to use
intermediate products from the apparently civilian Iraqi
project, known as PC2 - for the minufacture of mustard
gas.
Mr Schultz, who has served as president of Bechtel
before joining the Reagan administration in 1982, said he
first learned of Bechtel's work as project manager of the
Iraqi petrochemicals complex in 1989 when he <spent a
little time at Bechtel's London office and found there was
work going on in Iraq.>
Mr Schultz said he checked into the PC2 project in
1989 and was given assurances that it had nothing to do
with chemical weapons. <But I thought about it a little
more and I have my advice they should get out,> said the
former secretary of state.
He recalled that at a Bechtel meeting in the Spring
of 1990, as work was continuing, <I really hit it very
hard and I said something is going to go very wrong in
Iraq and blow up too. So I told them to get out.>
The revelations by Bechtel, which says it had no
knowledge of any plans by Iraq to apply the petrochemical
plant's products for military huse, mark the first time a
US company has provided details of the direct involvement
of Iraqi officials in the BNL Atlanta affair.
Western intelligence officials say that a substantial
portion of the three billion dollars of BNL money was used
by Iraq to finance its development of unconventional
weapons systems, including the Condor-II ballistic missile
project [with Carlos Cardoen - see SIPRI 1990 yearbook]
and nuclear and chemical weapons projects.
The Iraqi project was handled by Bechtel Overseas of
Hammersmith Road in London, the company's UK affiliate.
The Financial Times has obtained a copy of a 1988 telex
instruction from the central bank of Iraq to BNL's ATLANTA
Branh, asking that Bechtel's UK subsidiary pe paid ten
million dollars.
Mr Tom Flynn, a senior vice-president at Bechtel,
said the company never knew there was anything suspect
about the ten million dollars of BNL funds, provided in he
form of two letters of credits that were issued in
Septamber 1988 and amended three months later.
<We were hired by the government of Iraq to be the
project manager for an ethylene plant. Our client, the
government of Iraq, told us we would be paid through
letters of credit from the BNL Atlanta branch.>
[During hearings held by the House Judiciary committee in
June 1992 on the subject of falsified documents and
coverup of the BNL/USDA funding affair, a representative
from the Department of commerce noted that it was
extremely unusual for a tiny branch of a foreign bank to
be handling such a volume of cash - and further that it
was simply unprecedented that all these corporations
funnelling items into Iraq should seek funds and financing
FROM ONE SINGLE BANK.]
The Bechtel official also said that the company
received <direct encouragement> for the PC2 project from
the US Department of Commerce. A spokeswoman for the
Commerce Department said <we were aware of Bechtel's work
in Iraq through the US embassy in Baghdad, but our role
was a passive one.>
Bechtel said there was no suggestion at the time
about the final use that Iraq might make of ethylene
oxide, a product that has multiple civilian applications,
but also has military uses.
Mr Seth Carus, an export on Iraq's chemical weaspons
programmes who is a fellow at the Washington Institute for
Near East Policy, said the PC2 Iraqi project was intended
for several purposes, both military and civilian.
"I think it is very clear, however, tht the Iraqis
understood what they were doing. It is evident that they
wanted to limit their import dependence on chemicals that
are used for weapons.>
A key feature of the PC2 project was the plan to
manufacture ethylene oxide, a precursor chemical that Mr
Carus said <Is easily converted to thodioglycol, which is
used in one step to make mustard gas.>
Mr Schultz asked about the possible production of
mustard gas, said he was not <a technically proficient
person> but that <I kept going back and saying these
things could be converted pretty easily.> Bechtel
subsequently followed the advice of Mr Schultz, just
months before the invasion of Kuwait.
Bechtel is currently one of several US and UK firms
seeking contracts for the eventual reconstruction of
Kuwait.
Mr Gonzalez:
Well, of course, Bechtel was there and, of course,
after the Secretary left being Secretary, he was bound to
know that ultimately Iraq was going to be a problem. But
this is just one example of the nature and type of the
larges corporations in our country that did extensive
business. And what in? Chemical projects.
With all the lessons we could learn from the BNL
scandal, I am saddened, of course, as I always am, and
have been, and perplexed to report that the Banking
Committee's investigation of BNL is being OBSTRUCTED and
FRUSTRATED by the Federal Reserve, the Justice Department,
the State Department, the State of Illinois and the
Treasury Department.
Another serious example of the onstruction faced by
the Banking Committee is the unwillingness of the Federal
Reserve to supply over seventy BNL-related documents
subpoenaed by the committee. Our committee subpoenaed, on
my request, better than forty documents.
The Federal Reserve states that it has reacted or
withheld these State documents at the request of the
Justice Department, and in the February 4 first report
that I made, I incorporated the exchange of letters I had
with the Attorney General, Thornburgh [now at the UN
Secretary General's office], who apparently was, and maybe
continues to be, ignorant of the constitutional
prerogatives involved here in the US Congress' basic right
to know, which is one of the last three basic powers that
the Congress, I think, still preserves inviolate.
Supreme Court decision after Supreme Court decision
has said nothing, not even a pending investigation, not
even a pending contemporaneous judicial procedure shall
prevent the Congress from having knowledge, and the
Congress knowing what the facts are.
But we are obstructed blatantly, premeditadedly and
coldly, and in defiance of the plain constitutional
prerogative of the Congress to know. The Justice
Department, at first, said, well, they were involved in
criminal prosecution in Atlanta, and they did not want to
have anything to frustrate it.
[However, we learned at the June 1992 Judiciary Committee
hearings that a Washington District Attorney employed by
the Justice department, who had been hired by an Atlanta
law firm to defend BNL had an assistant who remained at
the Justice Department. This person telephoned the
defendant's lawyer and asked that she <be forwarded the
ILLEGALLY OBTAINED EVIDENCE, for evaluation.> So it seems
that the Justice Department messed up it's own prosecution
of BNL, which is difficult to understand.]
Well, of course not. We are sensitive to that. We are not
an executive branch investigating body. We are not a
judicial body. We are a legislative body, and under the
rules of the House and pursuant to the Constitution, we
have investigative powers in pursuance of legislative
objectives which is what we are.
There is no doubt the committee has the right and
needs to have and obtain this information. If we have
reached the point in our country, and we have in othe
respects, where in effect there is no Constitution, who
else but the Congress them remains?
Section 1420
If the Congress abdicates, then, in effect,
ironically, at this two-hundred year point, or a little
bit better, of the celebration over this sytem of
constitutional government, we in effect have repudiated it
through our abdication of our plain constitutional
responsibilities. The committee must not be needlessly
thwarted in fulfilling its legislative and oversigh
responsibilities.
Accordingly, the Justice Department has the
responsibility to show the Committee on Banking, Finance
and urban Affairs, not the other way around, access to the
supoenaed documents, and hos, if they were to comply with
the subpoena, thgat would hinder their criminal
prosecution. They cannot, and they have not, up to this
date, given any reason that would happen. The Justice
Department failed to reveal to the committee and failed to
give the committee access to these documents, and after
repeated requests, to show how the delivery of those
documents would diminish their ability to successfully
prosecute the case against the former employees of BNL in
Atlanta.
[The security clearances of congressional staffers
researching and preparing the above-mentioned Judiciary
committee hearings, were cancelled. Since the
Administration considers everything potentially
embarassing is secret, they have evoked the National
Security threat behind which to cover participation of
many departments in the exporting to Iraq of nuclear and
high-technology goods, prior to the war.]
The documents being withheld, the carelessness in
which some documents were redacted, and the number of
people with access to redacted documents, all lead me to
question absolutely the Justice Department and the Federal
Reserve employees for trying to live up to their
responsibility. They are needlessly, I charge again,
impeding the committee investigation. I doubt that they
have, even now, recognized their true understanding of the
investigative and legislative functions of the Congress.
But I will not yield, and I will continue to insist, and
the committee will pursue this matter, because time has
long gone by that our regulatory system needs to be
overhauled, where the American people will be insured that
they will not continue to be patsies of foreign
governments and banking interests operating in our
country, as they are now.
There is nobody, the Rederal Reserve Board of the
banking commissions in the individual States that charter
these banks, this is how they get around it. The Federal
Reserve Board says: <Well, these are chartered by the
State of Georgia, so what?> The Federal Reserve Board is
the prime responsible regulatory body for foreign entities
doing business, banking business, in the United States.
Yet they cannot, and no banking commission can, tell any
person in America today, including the Congress, how those
six hundred and thirty five plus billions of dollars are
operating, even long the same channels as a BNL bank in
Atlanta. I think this is grievous. I think this is
unpardonable. I think this is a serious attack on our
basic tenets, upon which our Government is predicated. I
am concerned, as chairman of this committee, that the
regulation and examination of the US branches and agencies
of foreign banks is inadequate. As I stated, these
entities, in the United States, and a significant portion
of their liabilities are now being guaranteed by THE
FEDERAL DEPOSIT INSURANCE CORPORATION. That is the bank
insurance fund. It is broke right now. Those foreign
entities, this massive, and I said five hundred billion
dollars, someone else said six hundred billion, most of
these are in such form that they are insured deposits. It
is incredible.
For years I had unsuccessfully, before I was chairman
of this committee, attempted to convince two prior
chairmen of the committee to have some kind of hearings
with respect to this international financing. I was
chairman of the subcommittee on International Development,
Finance, Trade and Monetary Policy, so I think I have some
reason to be charged with knowledge. The magnitude of the
BNL fiasco certainly raises a question of the adequacy of
State and Federal regulations and oversight of these
entities. The committee on Banking, Finance and Urban
Affairs has a responsibility to ensure tht US branches and
agencies of foreign banks are properly and accountably
regulated and supervised. The BNL case provides a clear
case of regulatory breakdown that firmst muyst be
understood and analyzed, and then immediately addressed
and remedied. Those documents that provide clues to help
the committee understand and correct these breakdowns.
This is a reason we had them subpoenaed. However, the
Justice Department and theFederal Reserve apparently feel
the Committee on Banking, Finance and Urban Affairs could
not have the right to know the committee story surrounding
the BNL scandal. I can understand.. It is embarassing now,
in view of the fact that our boys will be facing death or
serious bodily harm with the very procurement that those
banking credits made it possible for Saddam Hussein to
obtain, this weaponry. It is embarassing.
However, it ought to be worse than that. It ought to
be defined as criminal negligence by denying the committee
information related to the BNL affair. The Justice
Department and the Federal Reserve could very well be
impeding the committee's ability to legislate, a
responsibility given to the people's representative and
surely one of the cornerstones of our democratic form of
government. The State Department has also asked the
Federal Reserve to withhold subpoanaed documents related
to its involvement in the BNL scandal. Well, I guess so.
If we have now former secretaries of state saying <Hey, I
told this corporation once. I came back and said, hey, you
better got out,> well, I think in retrospect a lot of
these documents will point a sor of culpatory finger to
that State Department. One can only speculate what these
documents contained. Obviously, the State Department
played the key role in the United States-Iraqi relations.
When did the State Department learn about the BNL scandal?
Did the State Department know that BNL was financing
companies that were exporting technology to Iraq, that was
employed in its Iraqi military machine? Certainly, former
Secretary Schultz' statement indicates they must have. The
State Department documents withheld by the Federal Reserve
may or may not provide answers to these [questions]. At
this time, the committee can only guess about the content
of these important documents.
The Federal Reserve is, of course, better known as
the Nation's equivalent to a central bank. But over the
years, Congress has entrusted the Federal Reserve with
substantial banking regulatory responsibilities. The
Congress relies on the Federal Reserve to carry out many
of the banking laws it has enacted. It regulates thousands
of our Nation's domestic banks, large and small, and has
prime supervisory authority over foreign banks operating
in the United States. In hat capaicty, Congress relies on
the Federal Reserve, as well as the other banking
regulatory bodies, to ensure our Nation's financial system
is operating in a safe, sound and efficient manner.
I always ask this question when bankers and
everybopdy else who have become inured to being the
biggest reliefers on the Government dole ever. Why is it
that we have had thousands, tens of thousands of bank
failures in one hundred years, and especially here in this
llast decade, when Great Britain, England, has not had any
major banks fail? Why? During the Depression when we had a
moratorium and the banks were closed, Canada never did.
Why?
Section 1430
There is a good reason, and this is what I have been
trying for twenty nine years to broach to the committee
that I have belonged to for thirty years, the US House of
Representatives Baanking Committee.
First, the Federal Reserve has been derelict in its
reponsibilities because it never notified the Congress
about the forty three billion BNL scandal. Obviously, it
is not possible for the Congress to monitor each of the
roughly thirty thousand Federal financial institutions
operating in the United States. This is why we have the
constitutional responsibility of being the policymaking
body and the executive branch being the faithful executor
of that policy, faithfully executing the laws.
The Congress created the Bank Regulatory Agency, like
the Federal Reserve, to perform this function. The Federal
Reserve and other Federal bank regulatory agencies have a
responsibility to keep the Congress informed of
significant developments affecting our financial system.
I will say this in all fairness, and I have said this
for thirty years. No matter how much I may point my finger
at the Federal Reserve, if the Congress had not abdicated
its responsibility all through these years, the Federal
Reserve Board would not have gotten away with any of this.
It always hass to be traced back to somewhere in our
system, this marvellous apparatus that has given us all
your opportunities ad our freedom. Whenever we have had a
shortchanging of that constitutional system, we have
always had a great deal of mischief to the national
interest.
I feel that no longer do we have the luxury of time
as we have had in the past and that hanging perilously
dangling by a thin thread is a very treat threat to our
basic freedoms.
The Federal Reserve also attempted to frustrate the
request of the committee for information involving a Bank
of Italy examination report of the BNL.
Now, mind you, meanwhile I have had delegations of
the Italian Parliamen, the Italian Senate, who are
investigating their Government because the BNL is
primarily owned by the Government of Italy, and they are
distressed because all of the deals, the settling of the
letters of credit and the like, have been done by Iraq in
the banking room in secret. So now it is not only the
United States, but the Italian Government, is out a couple
billion dollars because of Iraqi defaults; so the Italian
Parliament, the Senate did the investigating, and while
the Federal Reserve Board says, <Oh, we can't give you
this because we don't want to impair our relationship with
the Italian bank.>
Can you believe that? The Italian Government
officials are giving us what is otherwise denied by our
own agencies.
We are not interested in knowing every leaf falling
from the Banking and Federal Reserve Board system. We do
not want to know when a bank executive stubs his toe, but
it surely is reasonable to expect that a three billion
dollar bank fraud falls into a category that would be
worthy of congressional notification.
Sadly, this Banking Committee chairman had to learn
about the BNL scandal from other independent sources,
mostly foreign journalists, which to this day continues to
be a great source of information to me, as they have
throughout the years.
Another example of the efforts of the Federal Reserve
to frustrate the committee was the request or the
information involving the Bank of Italy, and its
examination of the BNL. The bank of Italy acts as Italy's
central bank, a well as having supervisory authority over
all Italian banks. Being an Italian government-owned bank,
BNL's worldwide banking operations are subject to
regulation by the Bank of Italy. Upon being notified of
the BNL scandal in August 1989, the Bank of Italy decided
to do an examination of the Atlanta agency of BNL, which
was completed shortly thereafter.
The Central bank of Italy shared the result of its
examination with the Federal Reserve and provided the
Federal Reserve with a copy of its examination.
The Federal Reserve has acted irresponsibly by
refusing to provide to the Banking committee a copy of
this examination report. To this date, they are refusing.
The Bank of Italy examination would be valuable to
the committee's investigation, for several reasons. First,
it would offer the committee a chance to compare and
contrast the Bank of Italy's examination with those of the
Federal Reserve, or the Commission of Georgia.
In effect, this would provide the committee with
insight into the competency of the Federal Reserve, and
this is why the Federal Reserve does not want us to see
it.
By comparing examination results, the committee might
find the Federal Reserve did do an exact and exemplary job
and that its fidings are far more comprehensive than that
of the Bank of Italy. Such a comparison might also reveal
the Federal Reserve was asleep at the switch and that the
examination of BNL was totally inadequate.
By refusing to allow the committee to see the Bank
of Italy's examination of BNL, are not then to feel
suspicious of the motives of the Fed?
The Bank of Italy examination may turn out to be the
key document in the committee's investigation of BNL.
Did BNL finance the sale of military articles to
Iraq? Did top officials of BNL in Rome know about the
activities of the Atlanta Branch? Were the former
employees of BNL that perpetrated the fraud Iraqi agents?
Was the CIA involved with BNL?
Did the Bank of Italy examination of BNL find answers to
any of these criticially important questions? Only the
Bank of Italy and the dozens of employees of the Federal
Reserve know.
By refusing to provide the Bank of Italy examination,
the Federal Reserve takes the position that the Congress
of the United States does not have the right to know if
the Bank of Italy report even addresses these issues.
Of course, the Federal Reserve knows what the report
says. It is the Congress that does not [in its view] have
the right to know.
I find the Federal Reserve position preposterous and
absolutely outlandish. It is a prime example of a
regulatory agency that is no longer accountable, either to
the Congress or to the President, but particularly to the
Congress that created it.
BNL has branches in New York, Los Angeles and
Chicago. The State examination reports of the BNL offices
were among the subpoenaed documents that we requested. The
Federal Reserve notified each State that the documents had
been subpoenaed. After initial delays, the reports of
examination by the States of California, Florica, Georgia
and New York were provided to this committee. Illinois,
however, objected to the production of documents by the
Federal Reserve and FILED A LAWSUIT to prohibit the
Federal Reserve from providing the committee with
Illinois' examination report of the BNL's Chicago office.
To date, the courts have sided, that is, the State
courts have sided with the State of Illinois, but we are
appealing this decision in the Congress. Hopefully we will
prevail, because without the Illinois examination report
the committee does not have a complete picture of how BNL
was examined by bank regulators, State bank regulators who
chartered the bank to begin with.
The Federal Reserve used the Illinois decision as the
basis for withholding information taken from examination
reports of BNL prepared by other State regulators. In
addition, the superintendent of banks for the State of New
York wrote the committee requesting that the committee
reach an accommodation with each State bank regulatory
agency related to the confidentiality of their bank
examination process.
The committee understands that request, as well as
other State communications related to this issue, to mean
that every State and perhaps every company and bank will
want individual treatment if such treatment is granted to
the State of Illinois.
The actions of New York and the Federal Reserve
confirm the committee's suspicion tht forcing the
committee to subpoena documents from each State would
result in an endless round of negotiations, then rumors,
then disputes and coordination problems related to such
negotiations, causing the investigation to grind to a
halt.
Section 1440
The State of Illinois lawsuit has delayed the
committee's investigation, and in the process is damaging
the national interest. First, it prevents the Congress
from finding out how BNL's offices in the United States
facilitated the arming of our enemy. It is intolerable
that the Congress should be enjoined, by court order, from
obtaining records related to how this bank helped arm
Iraq, and whether or not the Federal Reserve and State
bank supervisory officials were. as they claim, blameless
for not discovering this travesty.
Second, entities similar to BNL hold over seven point
five billion in deposits that are guaranteed by the FDIC.
As the world knows, the FDIC is already in a very
unwholesome position. If there is, in fact, a structural
flaw in the system of regulating and supervising entities
like BNL, the FDIC, and sadly, as we have learned from the
savings and loan crisis, the American taxpayer, face a
substantial financial risk.
To date, the Illinois lawsuit has delayed the
committee's inquiry into this matter. It has prevented the
Congress from fully identifying structural weaknesses in
bank supervision that were exploited by BNL and its
lending officers. As a result, unevenness and flaws in the
system of bank supervision, which could be revealed by the
committee's investigation, remain hidden and unresolved.
The FDIC and the American taxpayer remain at risk, because
in the subterranean there flourish these scandals and
frauds which are flourishing and finding nurture only in
secrecy. We want to bring the sunlight in. What is wrong
with that?
Third, the Illinois lawsuit prevents the Congress
from having all the information necessary as to what exact
legislative reforms involving not only foreign banks but
our dual system of bank regulation are warranted.
Finally, the Illinois lawsuit creates a dangerous
precedent that could seriously hinder future
copngressional oversight and investigations, our
investigatory efforts.
The Secretary of the Treasury Departments as the
Chairman of the National Advisory Council [NAC], an
interagency coordination body which was responsible for
approving the five point gfive billion in agriculture
credits to Iraq as well as a two hundred million insurance
policy, as I explained, offered by the Export-Import Bank
to cover exports to Iraq. One component of the committee's
investigation deals with the role of the NAC in granting
such a large credit line to Iraq and the effect the BNL
scandal had on Iraq participation in agriculture and
export credit programs.
On octber 6, 1990, I wrote Secretary Brady requesting
that Banking Committee investigators be permitted to
review the minutes of NAC meetings dealing with BNL
involvement with Iraq in the above programs. The Treasury
Department could not find the time to permit this to occur
for over a period of four months. Finally, after repeated
insistence on our part on February 14, 1991, Treasury
allowed a committee investigator an opportunity to review
the pertinent NAC minutes, of which only a portion were
related to the decision of the NAC to approve the Iraqi
credits. But Treasury withhelkd minutes from the two most
important NAC meetings in 1989 and 1990.
Why would they withhold? If they were so right then,
even though it may not look so good now, why would they be
hesitant? When you are right, you want to proclim it from
the rooftops, you do not want to hide it. It is only when
you fear something, as Treasury does, that you have fear.
To the committee's surprise, the Treasury had
classified the minutes of the meetings and would not
permit the committee to look at them because of a lack of
security clearance. Of course the Treasury Department had
failed to mention that the minutes of the two important
meetings had been classified. When asked how often the
Treasury Department classified minutes of meetings of the
NAC, the counsel, the lawyer for the Treasury Department
stated, <To the best of my recollection, and I may be
wrong, I CANNOT REMEMBER THE MINUTES OF THE MEETINGS BEING
CLASSIFIED OVER THE ROUGHLY TEN YEARS I HAVE HAD CONTACT
WITH THEM.>
The Treasury's unusual action raises several
interesting questions. What is the Treasury Department and
the other NAC participants hiding? I wonder if they are
embarassed by their decision to grant billions in credit
to Iraq even though Iraq was not creditworthy? It had
already defaulted. I bet the United States taxpayer, who
is out over TWO BILLION DOLLARS because of Iraqi defaults
on these programs, would sure like to know if this was the
case. It couldn't be that NAC participants, the State
Department, the Federal Reserve, the United States Trade
Representative, the Commerce Department, the Agency for
International Development and the Export-Import Bank are
embarassed by their decision to grant billions in credit
to Iraq even though Iraq was:
Using poison gas on its own people;
Using poison gas in its war with Iran;
Supporting international terrorism;
Repeatedly violating the human rights of its people,
including placing severe limits on free speech, and
freedom of assembly;
Detaining political prisoners without charge or
trial;
Torturning and executing political prisoners;
Destroying cities housing over one hundred thousant
Kurds and making refugees out of these people;
Developing nuclear weapons; [which by International
treaty it had agreed not to do.]
Cheating on Agriculture Department programs, and
Executing a foreign journalist, just to mention a few
of the known faults of the Iraq regime.
Can it be that this august body, known as the
National Advisory Council, knowing full well and charged
with knowledge of this, would still grant these huge
billions of dollars of credit to Iraq? I guess it would be
embarassed.
Rest assured, the Banking Committee, as long as I am
chairman, plans to investigate the factors pertinent to
the administration's decision to grant billions in credit
to the oppressive regime of Saddam Hussein and also to act
forthwith and as soon as possible to prevent ongoing
transactions that are now going underway in the case of
other foreign banking institutions that could be contrary
to the national interest. In fact, after the President
announced on August w, the decision to freeze assets --
and by that time, of course, the country of Iraq did not
have any assets, it had its liabilities over here on which
it had defaulted -- but we also announced the embargo.
In November, Germany alone -- and there ae a lot of
German banking interests' activities in our country --
were given a list of fifty companies in Germany by the
National Security Agency that were violating the embargo
in November. Was anything done? No.
How much of that is still going on?
Rest assured, the Banking Committee will not let go
of this.
While the committee continues to encounter efforts to
thwart its BNL investigation, the BNL investigation is
going to go through. I plan to go ahead full steam with
the investigation to learn the entire truth about the
scandal in order to understand fully its effect on United
States-Iraqi relations, plus the other and most important,
which is the necessary legislative revforms to plug up
these leaks and patch up and, if possible, develop an
efficient regulatory system in our country.
We must learn from our mistakes in order to stop
avoidable wars. The public demands and deserves no less
from us, their Representatives.
** End of text from cdp:mideast.gulf **
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Newsgroups: misc.headlines Path: arc1-ca.pugleaf.net!sparky!uunet!gumby!wupost!mont!pencil.cs.missouri.edu!rich From: rich@pencil.cs.missouri.edu (Rich Winkel) Subject: BNL: Congressional Transcript 2/21/91 Message-ID: <1992Aug3.211515.13254@mont.cs.missouri.edu> Followup-To: alt.activism.d Originator: rich@pencil.cs.missouri.edu Sender: news@mont.cs.missouri.edu Nntp-Posting-Host: pencil.cs.missouri.edu Organization: PACH Distribution: na Date: Mon, 3 Aug 1992 21:15:15 GMT Lines: 946