Showing posts with label WIPO. Show all posts
Showing posts with label WIPO. Show all posts

Wednesday, November 14, 2012

IP Watch: - Full Agenda For WIPO Committee On Development This Week


Click here to read this in full @ Intellectual Property Watch: http://www.ip-watch.org/2012/11/11/full-agenda-for-wipo-committee-on-development-next-week/

By , Intellectual Property Watch

After a difficult session last May, the World Intellectual Property Organization committee examining the development dimension of WIPO activities will reconvene next week with a substantive agenda. In particular, delegates will assess progress of ongoing projects, consider reports on finished projects, and consider the committee’s future work. They also will consider a conference on IP and development.
The 10th session of the Committee on Development and Intellectual Property (CDIP) will meet from 12-16 November.
Delegates will examine the yearly progress report prepared by the WIPO secretariat, giving an overview on all ongoing projects [pdf]. According to WIPO, the report presents strategies adopted to implement each recommendation, and highlights the main achievements.
The projects answer to the WIPO Development Agenda, adopted by the 2007 General Assembly, which contains 45 recommendations, 19 of which were selected for immediate implementation.

Thursday, September 27, 2012

UN Sanctions Committee letter to Francis Gurry ( S/AC.60/2012/OC.42 )

Click here to read the letter in full


Click here to read the letter in full
http://wipo.int/export/sites/www/about-wipo/en/oversight/pdf/sanctions_committee_iran.pdf

Ban Ki-moon's major cover up on WIPO scandal continues - Sanction Committee says they "never prohibited" Iran and/or North Korea to receive high tech equipments

Click here to read this @ http://www.ag-ip-news.com/news.aspx?id=28445&lang=en

Decision of UN Sanctions Committee on WIPO’s Technical Assistance to Iran

26-Sep-2012 | Source : AG-IP News | Visits : 173
 
GENEVA - The United Nations (UN) committee charged with overseeing implementation of Security Council resolutions relating to the Islamic Republic of Iran has confirmed that World Intellectual Property Organization (WIPO) technical assistance to the Islamic Republic of Iran does not violate United Nations resolutions, a press release by the organization stated.

In a letter to WIPO Director General Francis Gurry, the Chairman of the Committee Néstor Osorio, said “I wish to convey the Committee’s understanding that nothing in Security Council resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008) and 1929 (2010) prohibit the proposed project as described in your letter aimed at assisting Iran in developing technical capacity for intellectual property rights protection.”

The letter also advises early consultation with the Committee. WIPO has already put in place measures to ensure that all managers must refer to WIPO’s Office of the Legal Counsel (OLC) for guidance and clearance any activity proposed in a country subject to UN sanctions. OLC will, wherever necessary, consult the appropriate UN sanctions committee.

This letter follows a similar communication from the committee overseeing implementation of Security Council resolutions relating to the Democratic People’s Republic of Korea (DPRK) which also said that WIPO assistance to DPRK does not violate UN resolutions.
 

Saturday, September 15, 2012

Heritage: U.N. Review of Tech Transfers to Iran, North Korea Underscores Need for U.S. Action

Click here to read this on Heritage: http://blog.heritage.org/2012/09/13/u-n-review-of-tech-transfers-to-iran-north-korea-underscores-need-for-u-s-action/

By Brett Schaefer

As reported by Fox News earlier this year, the World Intellectual Property Organization (WIPO) approved the transfer of computers and other equipment to Iran and North Korea—both of which are under sanction by the U.S. and the United Nations—without notifying WIPO member states or the U.N. sanctions committees.
In response, WIPO director general Francis Gurry announced that the organization would establish an “Independent External Review” to investigate and submit its report to WIPO. While director general Gurry clearly sought to minimize the potential for embarrassment by circumscribing the review through its “terms of reference,” the two individuals conducting the review (Stig Edqvist and John P. Barker) went well beyond this guidance. Their findings, published in a report this week, are damning:
  • The report concludes that the transfers could have violated U.N. sanctions, depending on how the language adopted by the Security Council was interpreted. The final determination will be made by the U.N. Sanctions Committees.
  • While noting that WIPO has implemented procedures as of May 1, 2012, to “require a review of programs for countries subject to UN sanctions,” the experts harshly criticized WIPO’s previous disregard for such procedures and saw “no justification for the previous lack of a policy to check Sanctions Committee Compliance on a systematic basis.”
  • Moreover, the report states that much of the transferred equipment is subject to U.S. jurisdiction under U.S. Export Administration Regulations and would have triggered the need for an export license. As a result, the report unambiguously concludes that North Korea and Iran “could not have purchased much of this equipment directly from third-party vendors. These countries could only have gained access to the specific items delivered through an organization that invoked the privileges and immunities protections such as WIPO.”
  • WIPO asserts that, as an international organization, it is not subject to national laws. However, the report observes, “Other international organizations have the same privileges and immunities, yet often will take into account national laws on technology transfers to sensitive countries, end-users, and end-uses out of respect for the views of their Member States.”
The experts were clearly astounded by WIPO’s actions:
[W]e simply cannot fathom how WIPO could have convinced itself that most Member States would support the delivery of equipment to countries whose behavior was so egregious it forces the international community to impose embargoes and where the deliveries, if initiated by the recipient countries, would violate a Member State’s laws.… The UN itself declared that Iran and [North Korea] should fall into a heightened category of diligence and review because of their threats to world peace and stability. WIPO, as a UN agency, shares the obligation to support the work of other UN bodies, including the Sanctions Committees.
Based on the review, WIPO’s actions are indefensible, and WIPO should be held accountable. To do this, the U.S. needs to make its own assessment of how these transfers were approved and who is responsible. According to House Committee on Foreign Affairs chairwoman Ileana Ros-Lehtinen (R–FL) and ranking member Howard Berman (D–CA), director general Gurry and WIPO legal counsel Edward Kwakwa have impeded congressional testimony by WIPO witnesses. The U.S. should insist that the witnesses requested by Congress be allowed to testify without restriction.
Moreover, the U.S. should not let stand WIPO’s assertion that U.S. sanctions can be ignored with impunity. The report correctly notes that only the U.S. can “make the determination of whether the UN privileges and immunities ultimately would exempt WIPO from enforcement of U.S. export control laws” and whether those immunities extend to third-party contractors.
A failure by the U.S. to vigorously insist that its export control laws apply to the U.N. and its contractors would, in effect, render them meaningless.

Posted in American Leadership
 
Click here to read this on Heritage: http://blog.heritage.org/2012/09/13/u-n-review-of-tech-transfers-to-iran-north-korea-underscores-need-for-u-s-action/ 

Friday, September 14, 2012

U.N. shipment of high-tech to North Korea, Iran unjustified and unfathomable, say investigators

By George Russell @ Fox News

Read more: http://www.foxnews.com/world/2012/09/13/un-shipment-high-tech-to-north-korea-iran-unjustified-and-unfathomable-say/#ixzz26PVr5r3z

EXCLUSIVE: The controversial shipments of U.S.-made computer equipment to North Korea  and Iran by the United Nations’ World Intellectual Property Organization was not only “unjustified” but something “we simply cannot fathom,” according to an independent investigative report, commissioned by WIPO itself.

The report puts new pressure on the Obama Administration to decide what to do next. The same report makes it clear that WIPO, a U.N.  agency  that considers itself beyond the reach of any nation’s laws, clearly violated U.S. export control  legislation in the process—and that the transgressions were worse than previously known.

North Korea and Iran are also under U.N. sanctions for their illegal nuclear weapons programs, and neither could have legally obtained such  goods anywhere on their own, the report says, pointing the finger directly at WIPO for making possible the sensitive shipments, otherwise clearly forbidden  under U.S. rules.

The high-tech shipments  to two of the world’s most dangerous governments were initially made public last April by Fox News, which reported that WIPO’s method for carrying  out the transaction in North Korea seemed designed to bypass safeguards set up in 2008 after  a similar scandal involving another U.N. agency, the United Nations Development Program.

In the newest case involving  North Korea, the WIPO goods, ostensibly part of a routine technology upgrade for that country’s  patent retrieval system, included along with ordinary laptop computers and other goods  a “very capable” hardware firewall and network security system  that is subject to “a very high level of U.S. licensing requirements” for so-called “dual-use” items, which have a number of non-civilian applications.

“The equipment is subject to national security, anti-terrorism and encryption controls under U.S. law,” the report declared.

For its part, WIPO not only considers itself above the laws of nation states, but also seems to consider itself as an entity apart from any coordinated such U.N. efforts as sanctions, even though numerous U.N. Security Council resolutions call on U.N. bodies to cooperate in the sanctions efforts.
A 1974 agreement between the U.N. and WIPO, in Article 2, expressly says that WIPO “agrees to co-operate in whatever measures may be necessary to make co-ordination of the policies and activities of the United Nations and those of the organs and agencies within the United Nations system fully effective. The Organization agrees further to participate in the work of any United Nations bodies which have been established or may be established for the purpose of facilitating such co-operation and co-ordination.”

The same agreement, in Article 8, says that WIPO will “cooperate” with the U.N. “by rendering such assistance to it, as the United Nations may request.”

Click here to view the agreement.

Even so, how WIPO could deliver such equipment “to countries whose behavior was so egregious it
Even so, how WIPO could deliver such equipment “to countries whose behavior was so egregious it forced the international community to impose embargoes,”  was beyond the investigators’ .
The WIPO report throws the issue of what to do next about the high-tech transgression back to the Obama Administration. The report declares that “only the U.S.  can make the determination of whether the U.N. privileges and immunities ultimately would exempt WIPO from the enforcement of U.S . export control laws”—a legal possibility not often expressed at U.N. organizations.
The report says it is also a U.S. decision whether those same privileges and immunities  extend to the non-U.N. contractors that actually carried out the procurement and shipping of the sensitive U.N.’s bidding—something that the report noted has in the past not always been automatic.

Click here to view the full report.

Whether the U.S. will actually come up with such a tough response is another question.
A State Department official, in response to questions from Fox News, declared that “we agree with the inquiry team that  regardless of whether WIPO violated U.N. sanctions, this issue raises serious questions about management and transparency at WIPO, as well as coordination with member states and the United Nations Security Council sanctions committees. We will continue our ongoing efforts with member states and WIPO to pursue measures to improve its oversight, transparency and accountability mechanisms.”

Meantime, the report does not rule out the possibility that U.N. sanctions committees themselves might still declare the WIPO actions to be illegal, although it judges that possibility to be faint. The report lays out a  “broad” case that the WIPO transactions are illegal in U.N. terms, a view held by a number of well-credentialed international legal experts as well as a “narrow” case that they are not, before deferring to U.N. sanctions committees, which have not yet made a judgment.

But while clarifying the gravity of the offense against international peace and stability—not to mention the sovereign rule of law-- the 77-page report, written by a two-person panel commissioned by WIPO itself in August, only added to the mystery of why the obscure agency, headed by Director General Francis Gurry, decided to take such an explosive action in the first place.

One reason for the continuing lack of clarity was the short time frame and limited budget granted to the inquiry by Gurry himself.  The issue of the shipments came up among WIPO member states only in March, after a whistle-blowing staff member brought them to the attention of the Geneva diplomatic corps.

A number of countries, including the U.S., began  demanding explanations from Gurry behind closed doors , asking among other things why United Nations sanctions committees which monitor restrictions against North Korea and Iran were not informed in advance of the transactions.
After a couple of months Gurry hastily announced that WIPO would make no more technology shipments to any country in the future, and assembled his investigative panel in August, giving it only three weeks to come to its conclusions.

The investigators were given relatively narrow terms of reference, which included whether the controversial shipments conformed to the programs initially passed by WIPO’s 185 member states, and whether the actions were in compliance with U.N. sanctions.

The report, a joint effort by a Swedish police official named Stig Edqvist and U.S. attorney John Barker, a former senior State Department official and export controls expert, goes considerably beyond that, however—especially when they focus on the demands of U.S. law.

Their report underlines that although many of the goods involved in the WIPO shipments were ordinary laptops and other conventional computer gear, some of them definitely weren’t.

In some cases, which included the network security device, the technology was  sensitive enough to require higher-level  U.S. export controls  even for  countries far less dangerous than the belligerent  rogue states, which are under  U.N. sanctions for their illegal nuclear weapons programs.

The only way the two  countries could get their hands on such things, the report declared, was by using an international organization that claimed diplomatic  privileges and immunities putting it above national laws—an organization, in other words, like WIPO.

The report addresses an allegation that surfaced immediately after the discovery of the sensitive shipments—that Gurry had arranged the transfer of the goods, especially in the case of North Korea, as a quid pro quo for the country’s support for his election as Director General.

The investigators asked Gurry himself and he “unequivocally denied there was any link, express or implied,” between his election and the shipment, the report states.

On the other hand, the document says, “we asked to speak with DPRK [Democratic People’s Republic of Korea] and Iranian mission representatives to obtain their views, but not surprisingly, they would not speak with us.”

The investigators then note that Gurry personally signed a diplomatic communication to the North Korean mission in June, 2011, to confirm plans for the equipment, which was only delivered in early 2012.

Beyond the narrow issues of who did what, and when, the report also takes a look at how WIPO actually communicated the details of the transfers to its  185 member states in the program and budget documents they approve, and declared that there was nothing there that would have tipped the exact nature of the transfers.

Those documents, typical for U.N. organizations, are enormously lengthy but short on important detail.

“In the broadest sense,” the report observes, “member states approved the overall technical assistance programs because these programs were included in the program and budget docs. Unless a member state  asked in advance of a shipment, however, the member state could not tell from the program and budget documents which countries would receive computers and equipment.”

In other words, member states usually do not know what they are approving.
Moreover, WIPO staffers themselves were not always helpful. While  noting that WIPO has “no procedure requiring a separate review of programs for countries subject to UN sanctions,” the investigators also observe that “WIPO staff did not provide us with a basis for why they sought review of some shipments, but not others.”
In general, however, “WIPO’s provision of technical assistance for DPRK was handled in the same manner as it would have been for countries not subject to U.N sanctions,” a function of their general view that WIPO stood apart from national law, and even apart from what other parts of the U.N. were saying and doing about their client countries.
The WIPO report offered a sharp rebuttal of that attitude, arguing that WIPO staff, “shares the obligation to support the work of other U.N. bodies, including the sanctions committees.”
It also suggests the common-sense idea that WIPO could get out of the business of facilitating otherwise illegal acts if it made“a deliberate policy decision, as other international organizations have done, not to deliver technology  and equipment  to a country if that [country] could not legally obtain such technology  and equipment on its own.”
An additional way to do that, it suggests, would be to make the contractors who actually procure and ship such equipment at the U.N.’s behest to obtain export licenses from the manufacturer nations—such as the U.S.—in advance of shipment.
For its part, WIPO told Fox News that “At the moment, WIPO is reviewing the report and considering its recommendations.”
Most of the solutions it was proposing, the WIPO report said, had already been suggested four years earlier—in the wake of the previous scandal involving the transfer of hard currency and dual-use technology to North Korea by the United Nations Development Program.
That scandal ended with a 353-page report, compiled after an eight-month investigation, which found similar and even more extensive abuses on the part of UNDP, and which suggested a number of changes to UNDP procedures for dealing with such sensitive items in Pyongyang.
“We have drawn heavily from this report on the UNDP recommendations (in some cases verbatim),” the WIPO report notes drily, as well as those from other U.N. agencies that actually had developed better practices and procedures for dealing with sanctioned countries.
If those older UNDP-related recommendations had been in place in WIPO’s case, the latest report noted, “It is unlikely that WIPO would have proceeded as it has in this case.”
Or maybe not. The WIPO report notes that despite UNDP’s previous extended brush with the consequences of shipping touchy materials to suspect places, it was also involved in the latest scandal, because “WIPO sought the assistance of the UNDP to handle the actual delivery of the shipment” from China to North Korea., under a 1978 agreement between the two agencies.
Says the report, in carefully muffled prose: “WIPO staff members informed us that they were not aware of, and we could not  confirm that, WIPO staff sought confirmation from UNDP regarding whether the UNDP had checked to determine whether the deliveries were consistent with the U.N. sanctions requirements  or were consistent with the license requirements under U.S. law for the equipment with U.S. origin content.”
In other words, WIPO staffers couldn’t say whether UNDP itself had checked on the propriety of the shipments.
The report does not follow up with UNDP. Fox News, however, did, citing the report’s own wording.
UNDP's reply: “UNDP is currently analyzing the report and we will get back after this review is concluded.”  

Friday, August 31, 2012

SCANDAL: UNDP management played a key role in securing Iran and North Korea's votes for Francis Gurry of WIPO (it allowed internal cover up of shipments thru its China Office)


GENEVA | Thu Aug 30, 2012 11:06am EDT
 
(Reuters) - Four months after a U.N. agency's decision to send computer equipment to Iran and North Korea first stirred controversy, a feud has erupted between the body's director general and a suspended senior manager over misconduct allegations.

In a suit filed with a U.N. tribunal, the manager accuses Francis Gurry, the Australian head of the Geneva-based World Intellectual Property Organization, of pledging the equipment to the two sanctioned countries in exchange for their votes.

The suit also alleges Gurry earmarked posts for member states who backed him in his 2008 election and those whose votes he is trying to secure as part of his 2014 re-election bid.

WIPO is the U.N.'s richest body and is almost entirely self funded with annual revenues of over $300 million, mostly earned from patent application fees. It was created in the 1970s to promote intellectual property rights, particularly in the developing world, to further economic progress.

"The evidence suggests that the Director General has a track record of manipulating appointments to WIPO professional posts in exchange for votes," said the complainant's brief to the International Labour Organization's Administrative Tribunal (ILOAT) filed on August 20.

The lawsuit was filed by Swiss-based lawyer Matthew Parish, partner at Holman Fenwick Willan, on behalf of a senior WIPO employee, Christopher Mason. Mason contends he was unjustly suspended for corruption in May 2011, wrongly accused of an improper relationship with a contractor at a firm bidding for a WIPO contract.

Gurry denied the allegations, saying he made no deals with any country in exchange for its support. He said a document cited by the claimant, which appears to list political appointments, was fabricated.

"No job pledges were made in exchange for political support, and no such document was ever created or approved by me. I believe that any document purporting to list pledges must be a work of fabrication," he said in an emailed statement last week.

Mason's lawyer Parish said: "The commitments document has been widely circulated throughout the diplomatic community for many months and is an open secret in WIPO."

An International Labour Organization official declined to comment on the proceedings which she said were confidential.

SEEKING REVENGE OR JUSTICE?

Some diplomatic sources in New York, where the United Nations has its headquarters, dismissed Mason's suit as a publicity ploy by an employee intent on embarrassing his former boss. They said they considered it unlikely the equipment in question would breach U.N. sanctions, which are less stringent than those imposed by the United States and European Union.

U.N. sanctions primarily target Iran and North Korea's nuclear and missile programs. They also include a ban on arms exports and, in the case of North Korea, a ban on exports of luxury goods.
One diplomatic source familiar with the case said Mason may be motivated by a desire for revenge after his suspension.

Mason asked the WIPO Appeal Board to review his suspension in August 2011. The board found that the decision to suspend Mason from duty was "flawed" and recommended re-instatement and a moral injuries payment, a document of their conclusions dated March 2012 showed. Mason remains suspended, however.

Although the suit alleges that the transfers to Iran and North Korea were promised in return for their votes in Gurry's 2008 election, it contained no proof to support this claim.

The allegations of vote buying could not be independently verified by Reuters. WIPO records show that Iran and North Korea were among 83 countries on the WIPO committee that selected the director general in 2008 in a secret ballot. The Iranian and North Korean diplomatic missions in Geneva did not respond to repeated requests for comment.

Nevertheless, Mr. Mason's supporters maintain that the suit's claims are credible. These supporters include some inside the organization who declined to be named because they are not authorized to speak to the press and said they feared management retribution.

Mason's sympathizers say further that the case offers a rare glimpse into what critics say is a widespread system of political patronage within the United Nations and raises broader questions about accountability at the world body.

For instance, the head of WIPO's staff council Moncef Kateb has complained of political appointments "that contravene the most basic principles of international public service, particularly that of its independence", according to a statement in 2010 before WIPO's Coordination Committee, a body that advises the director general.

Kateb declined to comment for this story because he is not authorized to speak to the press.
"It's totally unacceptable to have this type of deals and it corrupts the system," said Hillel Neuer of U.N. Watch, a non-governmental group that monitors the United Nations. "Regrettably, it is common. Governments jostle for their own interests and a lot of unsavory dealings occur."

Officials at the U.N. press office in New York did not respond to repeated email requests for comment.

The equipment in question, including servers, firewalls and computers worth roughly $200,000, was sent to Iran and North Korea, without the knowledge of other member states, according to a statement by Esther Brimmer, U.S. assistant secretary of state, earlier this month.

The 185-member agency says the transfers were legal and form part of a technical assistance program involving more than 80 countries to help them develop their patent offices.

U.S. SCRUTINY

The transfers of equipment by WIPO to Iran and North Korea are the subject of two U.S. government probes to establish whether they represented a breach of U.N. and U.S. sanctions aimed at curbing the development of nuclear technology.

The U.S. State Department said in July it was reviewing WIPO's dealings with countries that are under sanctions after media released documents showing WIPO had been involved in shipments to Iran and North Korea. The Department's initial conclusion is that there was no breach of U.N. sanctions because the items in question did not appear to be subject to a ban. The review is ongoing.
A U.N. Security Council diplomat said it was unlikely that its sanctions committees would take any action regarding the WIPO transfers of technology to Iran and North Korea for the same reason.
The U.N. panel of experts on North Korean sanctions said in its latest annual report that it was continuing to collect information on the WIPO case in relation to North Korea.

The House of Representatives Committee on Foreign Affairs is not yet convinced the transfers were legal, suspecting they may have involved banned items, a senior Congressional official involved in the investigation said. It is also reviewing a possible breach of the United States' own sanctions as some of the equipment may have been produced by U.S. computer maker Hewlett Packard Co, the official added.

The company did not respond to a request for comment.

Lawmakers on the bi-partisan House Committee raised concern about possible WIPO retaliation against whistleblowers in a letter to U.S. Secretary of State Hillary Clinton on July 12 and in a letter to Francis Gurry on July 16, both seen by Reuters.

"I can't think of any action that has been taken against any whistleblower," Gurry told Reuters in July.
Email correspondence dated July 20 from Gurry to WIPO senior staff member James Pooley, seen by Reuters, indicated that the director general denied him permission to give evidence to the House Committee. Pooley declined to comment for this story because he is not authorized to speak to the press.

Members of the Committee said a second senior WIPO staff member was prevented from testifying at the committee hearing in a letter to Gurry dated August 1, forcing the cancellation of the session.
Asked in July about claims that witnesses were being blocked, Gurry said he would allow any "properly competent person" on the Iran and North Korea projects to testify.

Gurry said in a statement on the WIPO website on July 19 that supplies to sanctioned countries would in future need to be referred to legal counsel, which would consult the U.N. Sanctions Committee where necessary. WIPO has also commissioned an external enquiry to review the projects with Iran and North Korea, led by a Swedish police official and a U.S. attorney.

(Additional reporting by Louis Charbonneau in New York; editing by Will Waterman and Janet McBride)

CLICK HERE TO READ THIS ARTICLE ON REUTERS 

Friday, August 24, 2012

Fox News EXCLUSIVE: U.N. investigation of computer shipment to North Korea and Iran looks to be much less than thorough

by George Russell at Fox News

The United Nations agency that shipped American-made computers and sophisticated servers to North Korea is now attempting to avoid a thorough investigation that includes why the goods were shipped without either notifying United Nations sanctions committees that are trying to block the country’s nuclear weapons program, or the U.S. government.

The  probe, announced on Aug. 9 by the Geneva-based World Intellectual Property Organization, or WIPO, was advertised at the time as a “full independent external inquiry” to determine whether WIPO acted in violation of U.N. sanctions against North Korea, which continues to ignore worldwide demands that it curtail its quest for a deliverable nuclear bomb. The shipment by WIPO of Hewlett Packard computers and servers to North Korea was first reported by Fox News.

The U.S. government, in particular, says it wants to know how it happened that neither U.N. sanctions committees nor other member-states of WIPO – including the U.S. -- were informed in advance of the shipment of U.S.-manufactured equipment, which was sent from China to Pyongyang by the United Nations Development Program.

Saturday, August 4, 2012

Obama's State Department doesn't trust the U.S. Congress -- instead opts for a UN "independent probe" onto UN's own dealings in North Korea/Iran

EXCLUSIVE: While Congress protests, US helps UN agency with 'independent' probe into high-tech shipments to North Korea


Amid protests from congressional leaders from both parties, the Obama administration is helping an obscure United Nations agency create an investigation into whether it shipped computers and sophisticated servers to North Korea, in violation of the U.N.’s own sanctions against the communist regime.

The Geneva-based World Intellectual Property Organization, or WIPO, told Fox News on Friday that a “full independent external inquiry” into the murky issue would start next week. The “modalities and terms of reference of this inquiry,” a WIPO spokesman declared, “have been completed in close consultation with the U.S. Department of State.”

A State Department spokesman subsequently told Fox News that “we are aware” of the inquiry and that it was being conducted by a “very credible investigator.”

The same spokesman underlined that the State Department “has taken this issue very seriously since it came to our attention in March” and that “we have been working with WIPO to get to the bottom of this,” a process that has involved “asking and pressuring” the U.N. organization for answers. Nonetheless, the spokesman did not bring up the existence of the inquiry until Fox News asked about it.

The WIPO announcement came after a briefing by senior State Department officials yesterday to the House Foreign Affairs Committee, held behind closed doors.

After that session, committee aides complained that legislators “on both sides of the aisle” remain frustrated by the muffled approach that the Obama Administration is taking to the controversial transfer of technology the nuclear-ambitious regime in North Korea, despite U.N. and U.S. sanctions against the communist government, and said the lawmakers were told nothing that they could not have heard in open session.

“They’re deliberately being reticent,” an aide told Fox News, speaking on condition of anonymity. “They have yet to commit to appear before us in open session, or to provide documents to us,” he added, using the excuse that the crucial paperwork had not yet been received.

Nor, according to the aide, did the State Department officials agree in response to committee demands to help pressure WIPO to send two of its senior officials to testify in Washington, a course of action demanded by the committee and rejected by WIPO early last week.

The hearing and the complaints came only a day after the chairman of the House committee, Ileana Ros-Lehtinen, a Florida Republican, and ranking member Howard Berman, a California Democrat, sent a letter to the head of WIPO, Francis Gurry, accusing him of failing to provide “full cooperation” to U.S. legislators, “in default of your commitments and in default of your responsibilities as an official of an international organization.”

The committee members repeated a previous demand that WIPO allow WIPO deputy director general James Pooley and senior advisor Miranda Brown be allowed from testifying in Washington. WIPO has blocked both from appearing, saying that they “did not have any involvement in or direct knowledge of this assistance program.”

Click to read the committee letter.

For its part, WIPO told Fox News that it “continues to respond promptly and in good faith to all the requests for information and documentation received from the U.S. government,” before revealing that imminent startup of the “independent external inquiry” with State Department collaboration. The inquiry, WIPO said, expects to report its findings on September 10.

According to the U.S. legislative aides, Foreign Affairs Committee members learned little in their meeting that they did not already know about the puzzling transfer of computers by WIPO, ostensibly part of a program to modernize North Korea’s ability to access the U.N. organization’s global archive of patents.

Among other things, the committee aides said, Administration officials claimed that they had not yet received the documentation that the committee demanded to see about the controversial shipment, which was revealed by Fox News last April.

The staffers were venting their frustration after a session with Assistant Secretary of State for International Organizational Affairs Esther Brimmer, whose bureau handles U.N. matters in Washington. Brimmer was backed up through a video link with Betty King, the U.S. Ambassador to U.N. organizations in Geneva.

Neither the U.S. nor the U.N. sanctions committees concerned with the issue were informed in advance of the shipment, which took place either late last year or early in 2012. The equipment was sent to Pyongyang by the United Nations Development Program (UNDP), via its China office, a method that appeared designed to avoid heightened oversight over UNDP activities in North Korea following an earlier controversy involving the transfer of sensitive equipment and cash to the communist regime.

That incident also culminated in the formation of an “independent external “ panel of investigators, who were chosen by UNDP.

Even though WIPO had not yet announced that an “independent external inquiry” was about to begin shortly, a State Department spokesman had already declared last week that it “doesn’t appear” that WIPO’s actions -- which involved sending the equipment and paying for it via China, to avoid heightened U.N. oversight -- amounted to a U.N. sanctions violation, though WIPO had asked a U.N. sanctions committee to rule—retroactively—on the issue.

When it comes to whether stricter U.S. sanctions against North Korea have been violated, the State Department spokesman who spoke to Fox News today underlined that the determination ultimately would be made by the U.S. Commerce Department, after State had gotten the requisite information from WIPO. Getting that information, the spokesman said, was “much like a dialogue,” in which WIPO has been “forthcoming.”

Nonetheless, the spokesman added, “This is not simple stuff. It’s complicated. The answers aren’t there yet.”

Adding to the confusion and apparent disarray surrounding the handling of the issue, a second State Department spokesperson separately emailed Fox News a one –sentence reply to a number of questions sent yesterday about the controversial shipment and the Foreign Affairs Committee hearing.
That statement, in full, declared: “We share the Committee’s concerns and are continuing our own inquiry into the facts surrounding this issue.”

Tuesday, July 31, 2012

UNDP sets record straight on WIPO transaction - Fox News updates its story

UNDP Version on For-The-Record

27 July 2012
Click here to read this on For-the-record

UNDP has not ``financed’’ the shipment of computers to the Democratic People's Republic of Korea or Iran on behalf of the World Intellectual Property Organization (WIPO), as has been erroneously reported in a few media outlets recently.  As a service, UNDP occasionally makes payments on behalf of other UN agencies.

In November 2011, WIPO requested UNDP China to place an order to a computer supplier and to make a payment on its behalf. This transaction was blocked by the US Office of Foreign Assets Control due to possible concerns over sanctions. UNDP refunded the money to WIPO and has had no further involvement in this matter. 
 

Fox News Update

UPDATE: A day after this story was published, the United Nations Development Program contacted Fox News to  declare that  the computer shipments to North Korea were not “financed through the Beijing offices of the United Nations Development Program (UNDP),” as the story stated. UNDP noted, correctly,  that “this transaction was blocked by the U.S. Office of Foreign Assets Control due to possible concerns over sanctions”—as also noted in Fox News’ original story on the affair.

In fact, as a document attached to that April 3, 2012, story shows, in addition to attempting to finance the transaction, UNDP was responsible for shipping the controversial computers to Pyongyang from the U.N.’s Beijing offices, a procedure which Fox News noted was “apparently designed to bypass safeguards specifically created by U.N. authorities to prevent a repeat of previous U.N. scandals involving shipments to North Korea.”

Read more: http://www.foxnews.com/world/2012/07/26/legal-proliferation-experts-charge-un-high-tech-shipment-to-north-korea/#ixzz229ALUncH
 

Friday, July 27, 2012

FoxNews EXCLUSIVE: Experts charge UN high-tech shipment to North Korea violates UN sanctions; State Department waffles

Read more: http://www.foxnews.com/world/2012/07/26/legal-proliferation-experts-charge-un-high-tech-shipment-to-north-korea/#ixzz21rPstrHe

The obscure branch of the United Nations that shipped sophisticated computers and other high-tech equipment to North Korea violated the U.N.’s own sanctions against that regime, according to a prominent international legal scholar, who echoed congressional investigators in calling for an “independent, external commission” to probe the incident.

John Yoo, a national security expert during the first Bush administration and now a  University of California, Berkeley, professor who specializes in international and U.S. constitutional law, says that the equipment shipped by the Geneva-based World Intellectual Property Organization, or WIPO, “would allow North Korea to carry out simulations necessary to design highly sophisticated nuclear warheads…without the need for testing.” North Korea set off illegal nuclear blasts in 2006 and 2009, which led to the Security Council sanctions.

Yoo’s charge is at odds with the preliminary conclusion of the U.S. State Department on the same issue. A State Department spokesman said Wednesday that it “doesn’t appear” that WIPO’s actions -- which involved sending the equipment and paying for it via China, to avoid heightened U.N. oversight -- amounted to a violation.

Yoo’s opinion was echoed by other proliferation experts, including former U.S. Ambassador to the U.N. John Bolton and a former top-level expert at the State Department who now heads an important anti-proliferation center in Britain.

Any conclusion that WIPO’s actions did not violate repeated U.N. Security Council sanctions against the insular communist regime, Yoo said, “would assume that the agencies of the United Nations have a mandate to violate the very measures necessary to protect international peace and security -- as determined by the Security Council, the only arm of the United Nations empowered to take steps to prevent such threats.”

For its part, the State Department declared that its own judgment was a “preliminary assessment,” and that it would await a ruling by relevant U.N. sanctions committees looking into the issue. Those committees were not consulted by WIPO’s director general, Francis Gurry, before the controversial equipment was shipped to the North Korean capital, Pyongyang.

The very notion that even fully informed U.N. sanctions committees -- which were unsuccessful in halting the notorious Oil for Food scandal involving former Iraqi dictator Saddam Hussein -- will turn up much is questionable, according to Bolton, who previously headed the Bush administration’s successful effort, known as the Proliferation Security Initiative. (Bolton is also a Fox News contributor).

“Unfortunately, these committees have been where sanctions go to die,” Bolton told Fox News. “It is a complete abdication of responsibility, not to mention a signal of embarrassing weakness, for the United States to defer to the Security Council sanctions committees. The U.S. government should first decide its own position on sanctions violations, including the possibility of violations of U.S. sanctions, and then present that view in the sanctions committees.”

In an Op-Ed piece in The Wall Street Journal, Bolton also warned that, “By evading sanctions within the U.N. temple itself, these nuclear proliferators show how to defeat even broadly supported sanctions regimes through death by a thousand cuts.”

For his part, Yoo was emphatic that the WIPO shipments, which took place in late 2011 or early 2012, and were revealed by Fox News last April, were in violation of  even stiffer U.S. sanctions that ban all computer exports to North Korea due to its role as proliferators of nuclear weapons technology and ballistic missile know-how.

The State Department, however, is also shying away from that conclusion, as spokesman Victoria Nuland said yesterday. State, she declared, is “seeking more information from WIPO so that we can conclude  our own work on whether there was any violation of U.S. law, but we don’t yet have everything that we need in order to make that assessment.”

Whether the U.S. will ever pry all the facts out of  WIPO is questionable. After earlier declaring that it viewed the issue with “utmost seriousness,” and announcing that it would not make such shipments in the future, Gurry blocked the appearance of two senior WIPO staffers before the House Foreign Affairs Committee, leading to cancellation of a briefing session on the shipments.

State Department spokesperson Nuland sidestepped a question at the daily briefing yesterday as to whether the small U.N. agency was providing “enough cooperation.”

Nuland’s reply:  “Well, we are continuing to work with them and that is a conversation that is ongoing.” She cited a number of “positive steps” taken by the agency in the wake of the cash-for-computers revelations -- but only on future projects, not those that have already taken place. One of those steps is a “commission that will have an external and independent auditing ability’’ to vet projects -- but  only in the future.

The under-the-radar shipments of Hewlett-Packard computers and servers by WIPO shipments took place in late 2011 or early 2012, and were financed through the Beijing offices of the United Nations Development Program (UNDP). They were revealed by Fox News last April. The U.S. was not informed of the shipments even though the goods were of U.S. manufacture.

Hewlett-Packard has declared that the shipments of laptops, printers and servers violated the company’s strict ban on exports of its high-tech equipment to such rogue regimes.

When the State Department began investigating the North Korea incident, it learned that WIPO and UNDP had also made a similar shipment of 20 less-sophisticated computers to Iran.
According to Yoo, the equipment transfer gives the regime of fledgling leader Kim Jong Un a significant boost in hardware and software “that could quite conceivably contribute” to North Korea’s nuclear-related programs

That alone, he argues, is enough to cross the threshold of the first U.N. sanctions resolution against North Korea (known in UN-speak as DPRK, for Democratic People’s Republic of Korea), enacted in 2006. That resolution urges U.N. member states to prevent the “direct or indirect” supply of goods and technology “which could contribute to DPRK’s  nuclear-related, ballistic missile-related or other weapons of mass destruction-related programs.”

Yoo emphasizes the world “could,” which, he says, means that the U.N. sanctions resolutions were intended to “cover a broad, non-exhaustive list of items and circumstances.” He also noted that other Security Council resolutions explicitly called on “relevant United Nations bodies and other interested parties,” as well as nation-states, to cooperate “fully” in the sanctions efforts.

Yoo offered his legal opinion jointly with another Berkeley law professor, Laurent Mayali, at the behest of a WIPO whistle-blower who first brought the issue to public attention by alerting the U.S. mission in Geneva, among others, to the agency’s actions.

Click here to view the legal memorandum. 

Their contentions were backed up by a sanctions expert who is not involved in the whistle-blower imbroglio: Mark Fitzpatrick, head of the Non-proliferation and Disarmament program at Britain’s prestigious International Institute for Strategic Studies, or IISS, and a former long-time top-level proliferation specialist at the U.S. State Department in the Bush and Clinton administrations.

“Dr. Yoo's argument is correct,” Fitzpatrick emailed in response to questions from Fox News based on the Berkeley professors’ arguments. “Regardless of whether or not the computers in question could allow North Korea to conduct simulations that would enable the development of smaller weapons, it seems unquestionable to me that the computers could aid the program.”

The fact that North Korea -- not to mention Iran -- is looking for ways and means to boost its nuclear capability also seems unquestionable. Immediately prior to the initial WIPO revelations, the Kim regime shocked the world -- and embarrassed the Obama administration -- by announcing that it was about to undertake a rocket-powered satellite launch that Washington considered a cover for work on missile-ready weapons programs.

The administration quickly canceled a freshly-minted deal to ship  some 264,000 tons of food aid to the poverty-stricken rogue country. The satellite launch subsequently did not take place.
For its part, Iran earlier this month launched a variety of ballistic missiles, including a longer-range version, as the U.S. and Europe ratcheted up sanctions intended to stop the Islamic Republic’s increasingly overt nuclear programs, which Iran claims are peaceful. So far, the regime does not seem deterred.

Read more: http://www.foxnews.com/world/2012/07/26/legal-proliferation-experts-charge-un-high-tech-shipment-to-north-korea/#ixzz21rPstrHe

Monday, July 23, 2012

WIPO’s Gurry Discusses Iran/North Korea; Denies Whistleblower Retaliation

By , Click here to read this at Intellectual Property Watch

World Intellectual Property Organization Director General Francis Gurry today said the UN agency has cut off its programme of providing computer equipment to countries in order to eliminate doubts in “certain countries” about the programme as it relates to Iran and North Korea, and said he is moving swiftly to establish an independent review. He also said that he would authorise any WIPO official with competence for the programme to testify about it if asked, and denied any retaliation against whistleblowers.




At issue is a longstanding technical assistance programme of providing hardware to about 80 countries with the aim of helping them to access and participate in the international intellectual property system.

WIPO maintains that it did not do anything wrong. Its activities will be reviewed by the UN sanctions committees for Iran and North Korea, sources said. Both countries are members of WIPO.
Yesterday, WIPO announced it would discontinue sending computers to all countries and would conduct a review (IPW, WIPO, 19 July 2012).

“There’s a relatively small number of countries who benefit from hardware as opposed to our complete software package,” Gurry said. “And since certain member states perceive that there is some ambiguity in the use of standard IT equipment – printers, cartridges, PCs and servers – we think the only complete answer we can give because of their perception of ambiguity is to say, we no longer do that.”

“We can argue for hours and hours and hours about the legal interpretation, that it’s only a few PCs, and so on,” he said. “But if there’s lingering doubt, let’s eliminate it.”
Gurry is working to identify someone to carry out a review of WIPO technical assistance to UN-sanctioned countries. “We’re considering who is best placed to do this,” he said, “as far as I’m concerned as soon as possible.” Timing will depend on the person or agency that does the review, who he will appoint, he said.

“We are taking time to find an appropriately neutral and independent, an unassailable person,” he said.

US Pressure

The US House of Representatives Committee on Foreign Affairs sent a strongly worded letter to Gurry this week expressing “grave concern” about WIPO’s decision to ship the computers, but also countering assertions by WIPO that it has not engaged in wrongdoing. The letter, signed by the Republican and Democratic committee leaders, accused Gurry of “ongoing attempts to keep these technology transfers a secret within your organization.”

The 16 July letter from the House committee available here [pdf], also said: “Even more troubling are allegations that your primary focus on this issue has not been full disclosure of all relevant information on these projects in Iran and North Korea, but rather discovering and punishing whistleblowers who initially alerted outside bodies about these transactions.”

Gurry flatly denied any retaliation against whistleblowers. “I don’t know of any action that has been taken against any whistleblower related to DPRK and Iran. None.” North Korea is the Democratic People’s Republic of Korea.

According to a March letter to the House committee posted here, the person who called attention to the issue was WIPO Staff Council President Moncef Kateb, who wrote on behalf of the Council to the chair of the UN Joint Inspection Unit.

Gurry said that despite the 16 July date of the House letter, he just received it after midnight last night, and that he “has had absolutely no contact with them.” He did say he feels he has a political obligation to answer them.

The House letter seemed to imply they had contact with him. “With regard to your claim to confidentiality in documents provided to us, the information they contain is exactly what WIPO, as a governmental agency, should be providing to all its stakeholders,” it said.

The House committee is planning to hold a hearing on the issue soon, according to sources. Gurry said that he would allow an appropriate WIPO staffperson to testify if asked. A “properly competent person who was related to these activities in an official and authorised manner, who I am confident knows about the activities in question, will be authorised,” he said.

He pointed to the WIPO organisational chart published on the website that specifies areas of responsibility for every person. Responsibility for this area, after Gurry himself, might also include a deputy director general, assistant director general or the legal counsel.

Given the highly politicised environment in the United States just months before the presidential election, questions may be asked about why a committee controlled by the opposition party to President Obama is jumping on this issue so vigorously. They may also ask whether within WIPO there is a mounting effort to tarnish the image of the director who will face re-election in two years.
But for now it is the congressional committee that is asking the questions. “On the face of it,” the letter said, “the documentary record, coupled with your public statements, shows a shocking and intolerable lack of judgment, together with an inclination to disregard the legitimate concerns of Member States and to retaliate against your staff who are simply trying to tell the truth.”

By the Numbers

The House committee has suggested that the US suspend its funding for WIPO. But while members of Congress may be accustomed to this working in environments, where, based the size of its economy, the US can throw its financial weight around, at WIPO, the United States only provides a very small portion of the budget. Some 93 percent of WIPO’s budget comes from fees for its services (including many US lawyers and businesses).

The US government is one of five top government contributors to WIPO (along with France, Japan, Germany and the United Kingdom), giving about US$ 1.1 million per year.

Click here to read this at Intellectual Property Watch

Friday, July 20, 2012

WIPO says "we won't do it again" -- but no one knows what North Koreans and Iranians downloaded already ! Who was inside UNDP who approved all this and why? No one responsible ??


Information and Clarifications Concerning WIPO’s Technical Assistance Programs

Geneva, July 19, 2012
PR/2012/717

Following some recent media attention and requests for information from certain member states relating to WIPO’s technical assistance programs, WIPO Director General Francis Gurry provided the following information and clarifications concerning the actions that have been undertaken, or are being undertaken, by the Organization in relation to the provision of technical assistance to countries that are the subject of United Nations (UN) sanctions. 
The Director General reiterated that the Secretariat is treating concerns relating to the Organization’s technical assistance programs to countries that are the subject of UN sanctions with the utmost seriousness.

The actions undertaken include:
  1. Following the expression of initial concerns over the provision of standard IT equipment to patent and trademark offices for the processing of intellectual property (IP) applications, new internal procedures were established and made operational on May 1, 2012. Under these procedures, all managers must refer any activity proposed in a country subject to UN sanctions to WIPO’s Legal Counsel for guidance and clearance. The Legal Counsel will, wherever necessary, consult the appropriate UN Sanctions Committee. Additionally, any work plan for a country subject to UN sanctions will be submitted at the commencement of each calendar year for guidance by the appropriate Sanctions Committee.
  2. The provision of standard IT equipment to the IP offices of the Democratic People’s Republic of Korea (DPRK) and the Islamic Republic of Iran that occurred in the preceding years, within the context of the Organization’s business modernization program for IP Offices in developing countries, is being referred to the relevant UN Sanctions Committees for their information and guidance.
  3. The initial steps are being undertaken for a full external and independent review of the technical assistance provided to countries subject to UN sanctions.
  4. A new internal instruction has been issued ending any provision of IT hardware in any of WIPO’s technical assistance programs. 
The Director General reiterates his commitment to transparency and re-affirms the readiness of the Secretariat to continue to provide any information requested by any of the member states of the Organization.
While the legal advice received with respect to the technical assistance provided to DPRK and Iran was that the technical assistance was not in breach of UN Sanctions, it is hoped that the measures outlined above will provide assurance that the Organization is treating this matter with the seriousness that it warrants.

For further information, please contact the Media Relations Section at WIPO:
  • Tel: (+41 22) - 338 81 61
  • Fax: (+41 22) - 338 81 40
  • E-mail

Wednesday, July 18, 2012

WallStreetJournal: What America Gets for Its U.N. Blank Check

Bureaucrats give 'technical assistance' to Iran and North Korea.

Leave it to a small, little-known agency to prove just how out of control the United Nations can get.
We learned last month that the World Intellectual Property Organization (WIPO), which oversees multilateral treaties involving patents, trademarks and copyrights, has been delivering computer hardware and "technical assistance" to none other than Iran and North Korea. The U.N. body's actions are in blatant disregard of Security Council sanctions on Tehran and Pyongyang, prompting House Foreign Affairs Committee Chairwoman Ileana Ros-Lehtinen to call last week for freezing U.S. contributions to the organization.

WIPO says it is merely fulfilling its responsibilities, in this ...

Click here to read the full article on Wall Street Journal 

Tuesday, July 17, 2012

North Korea: Fox News reveals UNDP Beijing documents





Fox News: United Nations says "NO" again to US State Department on North Korea and Iran

UN agency slammed after refusing US request for probe into Iran, N. Korea shipments

Read full story on Fox News: http://www.foxnews.com/politics/2012/07/17/un-agency-slammed-after-refusing-us-request-for-probe-into-iran-n-korea/#ixzz20tGnCvFu

A United Nations agency under fire for shipments of computers and other sophisticated equipment to North Korea and Iran has apparently rejected a request by the U.S. State Department to conduct an independent probe into the controversy, drawing a pointed bipartisan rebuke from top lawmakers on Capitol Hill.

In a letter being released Tuesday, the leaders of the House Foreign Affairs Committee complained to World Intellectual Property Organization Director General Francis Gurry about his agency's refusal to cooperate. They accused the agency of locking down key documents while trying to root out the whistle-blowers who alerted others to the scandal -- and then rebuffing the State Department's request for an outside investigation.

"We are outraged by your recent refusal on the basis of 'confidentiality,' of a request by the U.S. Department of State to conduct an independent, external investigation into how and why these transactions happened," wrote Reps. Ileana Ros-Lehtinen, R-Fla., and Howard Berman, D-Calif., chairwoman and ranking member of the committee, respectively. "There is no rational basis for this refusal. ...  On the face of it, the documentary record, coupled with your public statements, shows a shocking and intolerable lack of judgment, together with an inclination to disregard the legitimate concerns of Member States and to retaliate against staff who are simply trying to tell the truth.
"However, if you truly believe that your actions have been entirely proper, then surely you would have nothing to hide and no reason to block the requested independent investigation," they wrote.

The lawmakers continued to call for an independent probe. And they described an agency pledge to have future shipments to Iran and North Korea reviewed by the U.N. Sanctions Committee "not sufficient."


Read full story on Fox News : http://www.foxnews.com/politics/2012/07/17/un-agency-slammed-after-refusing-us-request-for-probe-into-iran-n-korea/#ixzz20tGTGN7M

Thursday, July 12, 2012

Commentary Magazine: Time for Ban Ki-moon to resign - he is incapable of managing the UN

CLICK HERE TO READ THIS ARTICLE ON COMMENTARY MAGAZINE


What is the UN Secretary-General’s Job?

  @mrubin1971

Several years ago, I took the opportunity to hear UN Secretary-General Ban Ki-moon speak at a Johns Hopkins University School of Advanced International Studies graduation. The Secretary-General is not the most dynamic speaker and, if memory serves, his speech was basically pabulum, talking a great deal about meetings he had had; if there was a focus, it was probably on global warming. To be fair, while his predecessor Kofi Annan is a better public speaker, there is little substance to Annan’s speeches as well.

The problem with many of the UN Secretaries-General is that they have redefined their position to be that of the world’s diplomat, and have assumed a bully pulpit for which they have no right. When the UN was created, the purpose of the secretary-general, first and foremost, was to be the UN’s administrator. He was meant to make the organization’s bureaucracy function in a clear and efficient way.

By this standard, both Ban Ki-moon and Kofi Annan have been abject failures. Take the most recent scandal at the United Nations: The World Intellectual Property Organization (WIPO) shipped hi-tech computers to Iran and North Korea in contravention of UN sanctions. That is a failure of administration at the highest level. In any normal organization, it would lead to the resignation not only of WIPO’s director, but also that of the UN administration, because it was the failure of the secretary-general’s oversight that allowed this transaction to occur.

The same is true with Kofi Annan. There has seldom been a statesman who enjoys such a reputation as an elder statesman but whose record rests on failure. As director of the UN’s peacekeeping operation, Annan’s indecisiveness enabled the Rwanda genocide to develop and cost the lives of hundreds of thousands, a casualty count for which Annan has apologized. As director of peacekeeping operations, Annan also presided over the failure to protect the safe haven in Srebrenica in 1995, in which 7,000 men and boys were slaughtered by Serbian fighters. It was as secretary-general, however, where Annan truly failed. He ignored his primary responsibility as administrator-in-chief in order to traipse around the globe at donor expense, giving speeches and collecting laurels. By doing so, he presided over the worst corruption scandal to hit the United Nations, one for which he has never truly paid the price.

The United Nations has an important role. Having a place to convene enemies and combatants is a valuable enabler of diplomacy. If the UN secretary-general is unable or incapable of managing UN affairs, however, then either it is time for the UN secretary-general to resign or it is time to shrink the UN and its myriad agencies back to a manageable size. Rather than sweep the WIPO scandal under the rug, perhaps it’s time to erase this notion of a world diplomat and instead return the secretary-general to his original purpose as an administrator and facilitator.

CLICK HERE TO READ THIS ARTICLE ON COMMENTARY MAGAZINE

Wednesday, July 11, 2012

U.S. Should Hold WIPO Accountable and Dissuade Future Violations of U.N. Sanctions


By 
July 9, 2012
It is becoming increasingly clear that the World Intellectual Property Organization (WIPO) has transferred technology to North Korea and Iran that are prohibited by United Nations Security Council sanctions and U.S. law. These violations have spurred a State Department investigation and were raised at a House of Representatives Judiciary Committee hearing on June 27. The U.S. should hold the leadership at WIPO accountable and prevent repetition at WIPO or any other U.N. organization.
WIPO’s Mission
WIPO is a U.N. specialized agency with 185 member states focused on establishing international standards for protecting and facilitating access to intellectual property. WIPO administers 24 treaties establishing standards for patent, copyright, and trademark matters. The U.S. rightly supports most, if not all, of these treaties and efforts that strengthen protections for the intellectual property of American companies and citizens.
WIPO has been charged by its member states with providing developing countries with technical assistance, technology transfer, and policy advice. Broadly speaking, this effort is targeted at improving developing country adherence to legal norms and obligations embedded in WIPO-administered agreements on intellectual property, enhancing domestic governance and law enforcement for intellectual property, providing appropriate access to intellectual property, and implementing policies to bolster opportunities for their citizens to register and benefit from their intellectual property.
WIPO, North Korea, and Iran
Both Iran and North Korea are members of WIPO and are among the developing countries targeted by WIPO under the organization’s development agenda. These interactions are sensitive because Iran and North Korea are subject to significant sanctions enacted by the U.N. Security Council—which are binding on all U.N. member states and all U.N. organizations, including WIPO—barring sale, transfer, or other provision of equipment or material that could be used to advance their nuclear or ballistic missile programs.[1] Nonetheless, WIPO has conducted 48 specific technical assistance programs for Iran and 16 for North Korea.[2]
In April 2012, Fox News reported that WIPO (with Chinese cooperation) had shipped “computers and sophisticated computer servers to the government of North Korea” in a manner designed to “bypass safeguards specifically created by U.N. authorities to prevent a repeat of previous U.N. scandals involving shipments to North Korea.”[3]
The purpose of the computers was reportedly to allow North Korea to set up a modern patent office and allow it to more easily access WIPO’s database of more than 2 million patents. The transfer of the computers and equipment was approved and completed by WIPO in November 2011.
WIPO member states reportedly learned of the North Korean transfer only after the fact. Bank of America and the U.S. Office of Foreign Assets Control blocked the payment for the computers out of concern that it was in violation of U.S. law banning certain exports to North Korea. A letter from Moncef Kateb, president of the WIPO Staff Association, to the U.N. Joint Inspection Unit confirms that WIPO member states were kept in the dark:
Member States have not been consulted and have no knowledge of the project. Thus, they were not given an opportunity to review or object to it. The project was allegedly approved directly by the Director General.
The Staff Council is extremely concerned by the fact that WIPO staff may be implementing a project in violation of two UN Security Resolutions related to Sanctions against the DPRK and possibly in violation of staff’s own international obligations, and their national laws.[4]
The letter reportedly led to a direct meeting with Director General Francis Gurry by representatives from the U.S. and other countries. The U.S. State Department also initiated an investigation of the issue.
WIPO legal counsel Edward Kwakwa wrote a legal memo to Gurry stating that “WIPO, as an international organization, is not bound by the US national law in this matter.”[5] However, the computer manufacturer, Hewlett-Packard, is subject to U.S. law, and by transferring the computers to North Korea, WIPO is in violation of its contractual obligations.
Kwakwa repeatedly asserted that it is “unlikely” that U.N. sanctions “restrict the computer transfer” but never indicated that WIPO actually consulted the sanctions committee to determine this fact. Moreover, while the memo asserts that there is “no provision excluding general computer technology” in the sanctions, the analysis neglects to address the possibility that the computers could be prohibited as a dual-use item.
The U.S. has indicated that it is also investigating WIPO shipments of sensitive technologies to Iran, including 20 Hewlett-Packard computers.[6]
Victor Cormas, a member of the U.N. Panel of Experts assessing the Security Council sanctions on North Korea from 2009 to 2010, strongly criticized WIPO’s actions: “They are walking through the cracks and loopholes of the sanctions regulations. There should be some recognition that international organizations themselves are obliged to follow the rules.”[7]
Next Steps
Congress and the Administration are right to be concerned about alleged acts by WIPO to circumvent sanctions on North Korea and Iran. However, direct action against WIPO is likely to be ineffective. WIPO’s funding structure—which relies principally on private payments and fees for service from businesses rather than member state contributions (in 2011, the U.S. provided only $1.2 million to WIPO)—is unusual in the U.N. system and undermines the ability of the U.S. government to impose financial penalties and incentives on the organization. The U.S. could withdraw from WIPO,[8] but for the minimal cost of WIPO dues, it is better for the U.S. to retain the oversight privileges of membership.
Thus, the U.S. should exploit less direct steps to address the current situation and prevent repetition:
  • The State Department should complete the independent investigation of all WIPO activities in countries under Security Council sanction, and Congress should hold a hearing on the report’s conclusions;
  • The U.S. representative to WIPO should call for the immediate dismissal of Gurry and Kwakwa for failing to alert the member states about the Iranian and North Korean transfers, failing to alert the Security Council sanctions committees about the transfers, and facilitating WIPO’s violation of its contractual obligations with Hewlett-Packard;
  • The U.S. should call on the Security Council to issue a statement reminding all U.N. specialized agencies, funds, programs and other bodies that they are bound by Security Council sanctions and that the sanctions committees must receive advance notice of any transfer of goods, equipment, technology, or individuals to sanctioned countries;
  • The U.S. should also draft a Security Council resolution requiring complete and immediate cooperation and transparency by all U.N. organizations in investigations into alleged violations of Security Council sanctions;
  • The U.S. should demand that the Secretary-General adopt a policy that U.N. immunity from domestic prosecution will be immediately waived when credible evidence is presented of U.N. staff violating or assisting in the violation of Security Council sanctions; and
  • The U.S. should also explore the possibility of giving the Chief Executives Board for Coordination (CEB)—which is made up of the heads of all major U.N. funds, programs, and agencies under the chairmanship of the Secretary General—institutional responsibility for transmission of sanctions information to U.N. bodies and require that they report any and all contacts with sanctioned member states to the CEB, which, in addition to the U.N. organization, would be charged with alerting the Security Council of these activities.
Cause for Concern
The evidence indicates that WIPO transferred technology to North Korea and Iran that could be used by those regimes to advance their nuclear and missile programs. These actions may violate U.N. sanctions, and the U.S. is right to investigate these actions.
Regardless of the outcome, however, the leadership at WIPO has demonstrated grave lapses in judgment in failing to alert the member states and the sanctions committees of these transfers and should be held accountable.
Moreover, the U.S. should take steps to forestall similar incidents by WIPO or other U.N. organizations through the Security Council and urge changes in U.N. policy to enhance transparency and accountability.  
Brett D. Schaefer is Jay Kingham Fellow in International Regulatory Affairs in the Margaret Thatcher Center for Freedom, a division of the Kathryn and Shelby Cullom Davis Institute for International Studies, at The Heritage Foundation.