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  • Panama JIT Report Vol - I (Summary of Investigation)

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    Panama JIT Report Vol- I (Summary of Investigation)

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    Panama JIT Report Vol- I (Summary of Investigation)

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    Panama JIT Report Vol- I (Summary of Investigation)

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    5K Ansichten277 Seiten

    Panama JIT Report Vol - I (Summary of Investigation)

    Hochgeladen von

    سچ ٹی وی
    Panama JIT Report Vol- I (Summary of Investigation)

    Copyright:

    Public Domain
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    von 277
    Final Investigation Report of Joint Investigation Team (Panama Case) AL RT OF " PAN, 1, Tnpursuance to the Order ofthe Honourable Supceme Court of Pakistan dated April 208, 2017 and Implementation Beach Order dated May 5°, 2017 in ease of M.A. No. 2939 of 2017 {in Constitution Petition No. 29 of 2016 etc, the Joint Investigation Team initiated the investigation into the affnin of the Panama Papers Case on May 8, 2017, The following ‘members comprise the JT: Me. Wid Zs, PSP, Head of IT (Adil, Director General, FIA), i Brigadier Muhummed Neuman Saced(R), Member (Rep. 181) iii, ‘Brigadier Kamran Khurshid, Member (Rep, Md) iv. Mr. Amer Aziz, Member (Executive Director, SBP) ¥. Mr Bilal Rasul, MemberSeéreity (Executive Director, SECP) ‘vi. ‘Mr Irn Nacem Mangi, Member (Director, NAB) Hocus Are on 2, The JIT has completed the investigation, which culminates ia is Final Report submitted herewith. ‘The scope and mindate of the JIT has been focused on answering the following ‘question’ and addressing ansllary matters inthe alloted time of sinty days by the Honcrable ‘Supreme Court 4. how did Gulf Stel Mills cove into being, i, What le tite sale; Te | fil, _ what happened to its bilities; Fi iv, where di its sale proceeds end’ ¥. how did they each Teddab, Qatar and the U: 5 Vi. whethersespondents No, 7 and in view oftheir tender ages had the means in the eatly nineties to possess and purchase the ats; vii, whether sudden appearance of the letters of Hamad Bin Jassim Bin Jaber Al- | ‘Thani isa myth ora reality, vii, how bearer shares crystallize into the fats; ‘ix, who, in fat i the real and beneficial owner of Mis, Nielsen Futerptises Limited and Mis, Nesoll Limited, Xow dig! Metals Establishment come into existence; xi where cid the money for Flagship Investment Limited and other companies set upfsken over by respondent No, 8 come fom, 4 and where did the Wosking Capital for such companies come from ind & vii, _where co the huge sums running into milion gifted by respondent No, 7 to respondent No.1 drop in fom. 3. In addition to above, the JT sls investigated the acquired assets of the Respondents and ‘theicinferestthersin disproportionate to ther Inown means of income in light ofthe Order ofthe (Court, Furthermore, it examined the evidence and msteril already avilable with FIA and NAB related to or having any nexus with the possession or acquisition of Avenfield properties or any other seets or peouiixy resources and dei origin 4. The Final Investigation Report of the JIT: The JIT declares that it has attempted t0 ‘thoroughly answer and adress all the queces of the Honorable Supreme Court by e a, “ abroad. The fnal investigation eport hes been preceded by tree progres reports that Were each ‘ubmitted on a fortnightly basis (May 22, June 7 and July 22, 2017) per the directions of the Honorable Supreme Court. The final consolidated report of JIT comprising the following 10+2 volumes is submitted for kind perusal: a Volume: Summary of Tavéstigstion | % Volume Statements of Witnesses end Analysis Volume: Gulf Steel Malls | 6 Volume-TV: (Ownership of Aventield Apartments & Volume-V: (Qatari Letters ‘Volume-Vi ‘Hl Metals Established Gifts & — Voluine-Vu Flagship Investments Limited Companies h,* Volume-VIT:-NABIFIA Cases i Volume-VIA): Hudabiya Nas Case ‘Assos beyond Means —Mian Muhammad Nawaz Sarit _Aseots beyond Means - Other Respondents ‘Mua Legal Assstnce Requests- Ongoing (Confidential) 5, The Joint Investigation Team (IT) conducting investigations on multiple prongs to find ‘uth with seference to thiteen (13+2) Questions raised by the Honourable Bench slong with the issue of acquiring assets disproportionate to knowin means of income, within the assigned peciod (60 day) The iavestgnsca was conducted with view to cll evidence to i cose Rm contradict the stance taken by the Respondents before the Honourable Supreme Court of akistzn and i) ascertain how the evens actually transpired, This was done by: cxamining witesses and collecting evidences; confimiag the evenis/chronology based on comoboration of statements by erent witoses; seeking Mutual Legal Assistance (MLA) ftom foreign countries to ‘aoquire essential information and documents saalysia/ freaios of available ecced/ documents (Inquiry reports and tx returns te) acquired ftom various instittions/ Government Departments. Seeking atstance of expe document examiner where required 6, Ioial planning end decisions. Inthe initial meetings, the JIT deliberated on the courie of action and strategy to be adopted. It was decided that, given the limited time available, the TT rust work simultaneously oa all dimensions of the case and address the issues faced on an ceshergent bass. The fllowing preliminary issuesrequiemeats weee identifi Security protocols -to ensure security of personnel, material and information. Tis issue war rsolved in the fist meeting by deciding the protocols; ‘Basuring independence ofthe IT fom executive interference; Selecting «reputed overseas firm - to assist the JET in issues related to overseas {jurisdictions and procuring of evidence / material information related to Muah ‘Legal Assistance abroad; and ‘Associating experts fiom diffrent departments - for supporting the investigation process, Tas progres attained in resolving these issues is discussed in detail inthe {ollowing paragraphs. ven 7. Fallow up Actions: The folowing methodslogy was adopted for undertaking the ‘vestigation within stipulated me (60 days): ‘Wdentification ind Summoning of Witnesses: A total of 28 witnesses were summoned and extmined in multiple sessions, who were eithet related to or scquated with he facts ofthe cate. It would be prudent to highlight, that despite repeated sumincas, ollowiag witmesss di not appear before the IT: (1) Mr. Hiasad Bin Jssin Bin Jabor AL-Thani (Qatari Prince); @)_Steikh Saced (US national; close associate of Respondent No, 1 and required for Hdabiya Mills Case and Hill Meta Establishments money ‘rsnsactons); @) Me, Monsa Ghani (nephew of the wife of Mr. Mubammad Ishaq Dat) in relation to his involvement in Baudulent. Fictitious money transactions sscocited with Hudsbiya Mills Case and his ole in Malik Abdal Ghant ‘Tat; (@) Mr. Kashif Masood Qui (principle witness in Hudabiya Mills Case); (9) Mr Sheri Nec (plaintiff in Al-Towreeq Case); ‘Witnesses on BCL: Mr, Javed Kiyani and Me Saced Akmed, have been placed by the JIT on Exit Contol List It is requested that tbeir names may continuc to remain on th is til « decision of toe Honorable Court is snnounced, “Analysis of Doeuments/ Record Presented: ‘The JIT has invariably directed all ‘witnesses to submit documentstecord for the purpose of establishing the money ‘wally and woderstanding ¢h- underlying transactions pertsining to loans, procurement of properties, transmitting gifs ete, that have surftoed over the ‘course of the investigation prsvess. However, selective documentsrecord have ‘been furnished that are severely lacking in substance. The resp }s\ eslined to roduce farther docurseatasecord and have also denied acces to say » ‘information thatthe TT could obtain trough formal channels withthe eoasent of ‘the witnesses Collection ofthe ease material o Follaving records were obtained from various departments to further the invesignion: (© All wlevant material’ information filed in Honourable Supreme (Cou of Pakistan in Panama Case; (©) Banking record ftom State Bank of Pakistan and other commercial banks including bank account detils and bank statements of all ‘individuals associated with Panama Case; (©) FBRrecord including Income Tax Returns, Wealth Statements and ‘Wealth Tax Returas of Respondents and others associated with the (© Companies record from SECP including old cases; (© Record of ll easea! inquires pending! ongoing in NAB and FIA; (©. Record of assets’ declaration of public office holders. in sominstion papers fom ECP; ‘it vould also be pertinent to mention that most of the departments! _gowenment insitations although provided the record asked for, however, it was provided selectively and in pas, Despite repeated render, FBR omained elusive with reltrence to the provision of complete Tex Returns ‘of Ue, Ishaq Dar til the time e appeared before the ITT wh & - Mutual Legal Assistance (MLA) Requests (1) Issuanceof MLA Requests ‘Consequeat t0 the issuince of the Notification on the direction of the | “Honorable Supreme Coutt of Pakistan authorizing the Chairman, IT to ‘exercise the powers enumerated in section 21 of the NAO, 1999, the following MLA Requests have been initiated: (©) Atommey Gedetsl, British Virgin Islands; 3 requests (@)_ Hixne Office, UK Central Authority, 7 request (© Ministry of Interior, Kingdom of Saudi Arias {request | (@__ Minisy of Fstce, United Arab Emirates; 7 requests | (©) Cental Authority, Switzerdand; 2 requests anit (@ Prosecutor Genera, Laxemborg; I request @) Response toMLA Requests ‘The following jurodctions bave ths fur responded tothe MLA Requests: | (@) Attomey General, British Virgin Islands; 1 request (©) Ministry of hstce, United Arab Basrates; 4 requests c. _Investigiioatecion of evidence from abroad (Q) The WThied the services ofa UK base soliitor frm namely; QUIST, ‘London to pursue the MLA Requests, amange forensic investigations, render logal advice and atist fa cllection and dispatch of relevant recortocuments @) Am imestgntive “Simi was ited in UK to scquire relevant ocumenstewond @) A team of 2 JIT Members visited UAE, to investigate and acquire ‘eleva seord / evidence zolted to interesVinvolvement of Sharif family {a businesses in Dubai with special emphasis on atirs of Capital PZB SION (sf ee \ (@) —Aselcitor fm of BVI was hited to pursue! investigate the queries elated ‘to BVTmised inthe relevant MLA Requests () An acclaimed handwriting expert namely; The Radley Forensic | Dosunet Latorory, Forni Handwriting & Document Examination "Bxpers was ied wo analyze and comment on the documents produced by | ‘the witnesses pertsning tothe UK justin, 8. Expstis from different Institutions. The JIT hes associated the services of certain | subject specialists / enalys ftom different instittions for assistance on need basis from parent ‘epartments of all Members of the JIT, These experts have provided invaluable services and ‘input and have been critical part of the investigation, Whereas, the threat to personal and job seoutity of the JIT Members is in notice of the Honorable Supreme Cour, these associated members (names provided earlier vide our leter No. JITIPC/SC/OWI7/ dated 07.7.17) may be subject to simile theats end victimization, therefore, the Honorable Supreme Court is requested to include the associated member/staff of IT in Orders issued in tls regard, 9, Submitted to the Honourable Implementation Bench, Supreme Court of Pakistan, (WAIID ZA), PSP Head of TT eric: - SAEED) m ‘NOTE BY ‘THE HEAD OF THE JOINT INVESTIGATION TEAM, PANAMA CASE 1 feel privileged, honoral and proud to have been the Head of this Joint Investigation ‘Teas and take this opportunity to thank the Honorable Implementation bench for reposing ‘unwavering stn the JIT. “vestigation for me, is the finding ovt of truth, and Alhamdulillah, fel that we have ‘been successfil to submit the tach today to the Honorable Supreme Court of Pakistan, This task ould not have been aecompliied without the exceptional sbilities.of all members of the TT, and their ummost dedication to complete the investigation in an impartial and fair manne. I, as ‘he Head of IY, take full esponsibility forall aspect of investigation and would like to thank all the members ofthe JIT as wells the associated stall fom different departments, Without their suppor and dedication it would not have been possible to complete tis tsk within the stpalated time. (CWASID Z1A), PSP ‘ead of SIT | Summary of Investigation LA Vv OFT 1, Volume 1 of the ivestigntion Report 5# 1% compilation of the findings of the venga by TT with mga tothe 13 + 2 eEeHODS ‘posed by the Honoursble Sepreme eer of Paktan, The spoing domi of Se FPS ‘sections are appended i he vant Value that forms the Final Report 2, using he eouse of investi he OUOWES erijcl documentary evidence as Bees soquised by the JT: 1 (Confirmation of the Dense ownership of Maryam Nawaz of BYE i Conteh namely Nicken Eatereric fd Nescal Limited DY ‘he Financial Investigation sy Brie Virgin stands - (Volume ce) Conematon of Chair of Mian Nawaz Sharif in, ofshore 5 Conseratnys FE capital, UA. bY 105, "Ant ree Zone Authori'y a Gavzay- (Wotumes VEaBE ED a s a fo Canfrmation, of, Hens sneipacchase agreements submitted [9 a lovourable Court by the gens, bythe Ministry of Susi AE: 3 Pevotume 1; and «)__ Sebmission_ of flseatampers Declarations of Trusts by. the © Submits inthe Supreme Court of TS ‘ond before the JIT, #8 epost ot orenis exper UK. (Yalame¥) | 4, Analy and impacto he aorenessionsd videace on te conchusive investigation = “onted at engi nthe relevent wst-upstSesos Section I Gulf Steel Mills — ‘Documentary Evidences, Annesures and details are covered in Volume IT of Investigation _Reort of Joint Investigation Team, Panan Case Le Documentary Evidences, Arnevares and details are covered in Volume IT of Investigation = Report f Joint Investigation Tean, Panam Case (GULF STEEL MILLS ‘The Honoursble Benck has directed the JTT to probe following five (5) question related to Gulf Stel Mills; ') How Gulf Steel Mils came iato being? i) Whatledtoitssale? if) Whatbappenet ois liabilities? fv) Where didits ale proceeds end up? ¥) How did they each Jeddah, Qatar and UK? > Background ofthe questions 1. ust before the publiewion of Panama Papers, Mr Husexi Nawaz Sharif, who otherwise {id not appear much in medis, gave a series of interviews to TV channels. After the publication of Pananna Papers, where it vas alleged thst the Shai family owned the Aveneld Apartments ‘rough offshore companies, the Prime Ministor slio addressed the sation on a number of ‘occasions to answer these-llzgations. After the proceedings started inthe Honourable Supreme Court of Pakistan, the Prime Minister and the members of his fimily beceme the Respondents and file their defence, Durig all media interviews, addresses tothe nation andthe proceedings in the Honourable Supreme Court of Pakstas, the owmership of the apartments by the Sharif amily wes avcepted. This, Lowever,requied the answer fo the question as to what weres the sources of funds for the puchase of these apartments and how were those funds transferred broad, | 2 —— 2, The Gulf Steet Mills beestue the cometstone explanation as tothe origin of funds thet ‘pecan avail othe Sharif fail, not only forthe purchase of apartments, but also for ober overseas businesses established by the family mesabers of the Prime Minister including the Stel ‘Mills in Kingdom of Saudi Abia (KSA). With many shifting end sometimes conficting posiions, i was explained bythe Respondets 7 & 8 hat the sue proceeds of Gul See! Mills ‘were invested, in cath and without paperwork, with the Al-Thani family of Qatar, and all Sabsequent ventures overseas including purchase of he apartments, sting up ofthe businesses in KSA and UK. as well as out cf court setlement with ALTowfoek company were undertaken {rom the profits made from this investment § i 5 “Mothodology of Favestigations- Gulf Steal Mils 3. Recording of Statemens a. Recording of Statements: JIT recorded statements of, i) Mr. Tariq Sbafi, i) ‘Mien Muhammad Nawaz Sharif (Respondent No. 1), ii) Mian Mharmad ‘Shatvez Shavif iv) Mr. Hossuin Nawaz Sharif (Respondent No, 7) and, v) Mi. Hasan Nawaz Starif (Respondent No. 8) for either being acquainted with the details of Gut Stel Mills or having filed sny document) supporting evidence in Honourable Supreme Coust of Pakistan during Panama Case proceedings. xcerpis of thsi statements related to Gulf Stool Mélls are attached es tb Significance ofthe Statement of Mr. Muhammad Tariq Shafi: Me. Tia Shafi son of Me, Muhammad Shafi isthe only witness from the side of the Respondents, who, through two Affidavits dated November 12,2016 and Jemary 20, 2017, (attached ss Anmesure D) attempted to provide arawers to the ‘ Honourable Suaceme Court of Pakistan about the questions celated to Gulf Steel lls. a 4. Request for Mutual Legal Assistance (MLA) to Government of United Arab ‘Emirates (UAL): The JIT requested Ministry of Justice, Government of UAB under MLA for ‘uthenscatons/ certification of documents submited by Mi. Hussain Nawaz Sharif (Respondent No. 7)along withthe Affidavit of Mr. Targ Shad. Bindings of the SIT 5, Provision of Documents! Records by the Respondents: 4. Despite prornotice, Mr, Mohammad Tariq Shafi and Respondents (No.1, 6,7 & 4) filed to provide any edtional documeat! record or evidence before the JIT to substantiate their stted position on Gulf Steel Mills, Following document! records (otly photocopies are provided to TT), attached with two Affidavits of ‘Mr Tag Shafi (CMA 7531 and CMA 432), are basis of the defence of Respondeats about Gulf Stel Mills- (1) License for establishment of Gulf Steet Mills @) Stare Sale Agreement 1978 @) Share Sale Agreement 1980 (4) UC far tansporation of serap mnchinery of Gulf Stel Mills from Dubai to Jeddah for Azizi Stel Mills, b. Me. Torq Shafi, Mian Mubammad Nawaz Sharif (Respondent No. 1), Mr ‘Hussain Nawaz Shasif (Respondent No. 7) and Ms. Hassan Nawaz Sharif | | | ¢ 4 (Respondent No, 8) filed to provide any additional evidence/proof about covmerchip and fsascial status ofthe Mills to substantiate their stated position,

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