Energy/DB: First Gulf Bank [C]
Yousef Al Otaiba
To Abdul Soe abun seedafghae) 2
Bu Saeed,
Give me a call about this when you have a chance please.
Youset
Fst Gul Bank (68)
‘CEO: Mr. dre Sayegh
mal andre saveqh@icb.ae
Serr Cota Ne Simon Peney, Heat Wholesale Barking
mal: sinonpemnevab ae
Dear, Anse Sayegh,
7 BO Reply
Deutsch Banks ranging ono-yar USS5 millon with @USS47S mifongeenshoe Senor Secured Fact (ho "Facil fr IMB ErerayHolings
ud, a whys subsiianyof Malaysia Development Bhd (TMDB). 1MDBisa stale development compan. whal-owned bythe Federation of
Malaysia trough tbe Minty o France.
‘DB was eaten odie sata nts fr lng rm economic developent for slay. MOB Energy i lssng power company
Malaysia andes wel asthe rogen ands statagialypacod to supa he Goverment’ vision of a secure ete! and composive energy ture forthe
ration
“The Ei of Abu Dab and Masia have song satoge ts whch ate also ended in ut elatnship wih IMDB. We sto highy supportive of
opening and broacening our ts wth NDB and Nala.
ean atu nl exes ee pains Fy tay posed tie ce goes acon aah pid rng cet
‘Fay we alain aoe sp tis Frys UST ila thei ete) ane asin ju posed cement
cgay Sipe asso espa sl ya wk wich youn sit ase
‘Ths neers tr bu Dah ads e epee yr trim andconminet sendy xg Fy,
tdiMr. Ambassador:
I'm sorry to intrude on your weekend, but | just learned from colleagues that the FBI recently
launched an investigation into 1MDB, a Malaysian investment fund backed by IPIC. The
investigation involves allegations of corruption, money laundering, and fraud that could tum in
IPIC's direction,
You are probably way ahead of me on this, but | wanted to flag it for you in case you want to
discuss whether we need to prepare for what may be coming. The situation reminds me a bit of
the Emirates antitrust investigation when we succeeded in persuading the Department of Justice it
‘was wrong to pursue that case, Based on what I've read, it seems that we might want to be
proactive in preparing an intemal strategy to ensure the government is protected and anticipates
next steps. If you'd like to discuss or have any questions, let me know. | hope all is well.
Hal
at from my iPad
Oct 9, 2015, at 11:05 PM, "Kohne, Natash:
wrote:
Hi Hal,
We discussed potentially asking the Ambassador about high level work in the UAE and we found a
very high profile matter that is likely to explode
Regarding the FBI investigation concerning IMDB, we spoke earlier with the GC of IPIC a week or
0 ago. From that conversation it became clear that he is not authorized to engage counsel on this
matter. Obviously, we have to respect this decision, but we do think this poses a serious risk for the
UAE given that the FBI is investigating activity that IPIC is very close to and therefore the
investigation can tur in the IPIC direction at any moment. IPIC needs to proactively understand its
‘exposure here and potentially steer the FBI's investigation rather than react to what we believe is an
inevitable inquiry from the ralIn order for IPIC to act, the instruction has to come from the most senior levels. We drafted the
below proposed correspondence to the ambassador for your review. Perhaps we can discuss one
sensitivity before you send?
Best,
Natasha
Dear Ambassador Otaiba:
‘As you may have head, the Fl recently launched an investigation into {MIBB, the Malaysian fund
backed by IPIC, The investigation involves allegations of corruption, money laundering, and fraud
that can easily tum in IPIC's direction, which could have serious reputational and other
repercussions on the UAE
Wie believe that IPIC should take action to proactively understand their isk and steer the direction
of the EB investigation, rather than wait for the FBI to inquire, We wanted to inquire whether
IPIC’s senior management would be willing to instruct counsel as we think that it is only a matter of
tine before th FB stats to look it certain IPC ansactions, We have song contact at the Do)
and are very well positioned to assist, having worked on similar high-profile matters in the GCC in
the past.
‘Thanks for your time.
Best,In order for IPIC to act, the instruction has to come from the most senior levels. We drafted the
below proposed correspondence to the ambassador for your review. Perhaps we can discuss one
sensitivity before you send?
Best,
Natasha
Dear Ambassador Otaiba:
‘As you may have head, the Fl recently launched an investigation into {MIBB, the Malaysian fund
backed by IPIC, The investigation involves allegations of corruption, money laundering, and fraud
that can easily tum in IPIC's direction, which could have serious reputational and other
repercussions on the UAE
Wie believe that IPIC should take action to proactively understand their isk and steer the direction
of the EB investigation, rather than wait for the FBI to inquire, We wanted to inquire whether
IPIC’s senior management would be willing to instruct counsel as we think that it is only a matter of
tine before th FB stats to look it certain IPC ansactions, We have song contact at the Do)
and are very well positioned to assist, having worked on similar high-profile matters in the GCC in
the past.
‘Thanks for your time.
Best,Hope that helps and happy to discuss.
Sent from my iPhone
(On Oct 17, 2015, at 5:02 PM, Yousef Al Otaiba wrote:
{imagine 1PIC already has is own legal counsel on this. This issue has been around for a while. The FB angle
is one ofthe more recent developments.
Two questions for you:
1. How would US distinguish between IPIC and UAE or abu dhabi gov't
2. If this primarily a malaysian-UAE issue, what will the involvementrole of FBI turn out to be
AMDB is currently being investigated by Swiss, Singaporean, and Hong Kong authorities as well
From: Shapiro, Hal
‘Sent: Saturday, October 17, 2015 4:38 PM
To: Otaba
‘Subject: Confidential and PrivilegedFrom: Yousef A Otaba[nalto‘tabs7 hotmail]
Sent Sunday, October 18, 2015 11:59 AM
To: shapio, Hal
Subject: Re: Confidential and Pivieged
‘Thanks hal, this is helpful
| ages the IPIC-akin issue to someone back home who is familiar with the issue, they wllook into right away.
From: Shapiro Ha
‘Sant: Sunday, October 18,2015 951 AM
“or Yousef A tata
‘Subject Re: Concent and Prileped
[Answers to your two questions are below:
1. How would US distinguish between IPIC and UAE or abu dhabi gov't
Tis is uncear and is exact the typeof discusion we would want to have vith the US. goverment -ifs in bth the AD governments
interest wel sin PICs interest that ths rman a Malaysia MBH se. Tote etet tat texends oP sin all partes interest
that remain an II sve and not extend toa UAEAD government sue. Tis may exend tothe UAE/AD government the Blsuspects comuption or money laundering among goverment ofcias who ae not afiatel with FI, but we donot cet have any
information suggesting whether this might Be the case. tis one ofthe key reasons we advise that counsel orth PIC and the
UAE assess whether o engage wth the Do atthe eal stages to steer the direction ofthe ls ivestigation,
2.f this primarily a malaysian-UAE issue, what wil the involvement/role of FB turn out to be?
‘The FB is investigating allegations of money laundering by IMDB. TMDB claims that the payments at issue were made to IPIC, but IPIC
has stated ithas not eceived those payments. Several sources, including Malaysian MPs and news outlets have alleged corupton on
the part of IMDB and, toa lesser extent for now, PIC. The FIs mandate in investigating allegations of money laundering (and
corruption) is extremely broad, a US.juriition in hs aris very extratatitorial ~ covering for example ay tansacion
denominated in US, dos, any single email that wen through US. server ete, even when the underying activity is entirely non-US,
Sent from my iPhone
(On Oct 17, 2015, a 557 PM, Yousef Al Otalba wrote
Weird. Phone didnt rng,
Wil call you shrorl.From: Shapic, Hal
‘Sents Saturday, October 17, 2015 5:21 PM
To: Yousef Al Otaiba
Subject: Re: Confidential and Privileged
just tried calling to give you backstory
It turns out some of my UAE colleagues were working on this issue IPIC and then told recently to stop (but they don't know
why). If the reason is because IPIC moved on to others, that's fine -- but they probably need someone working on it.
(On your first question, the answer really depends on how high the issues go and who is personally involved. My limited
knowledge of IPIC suggests that there are key officials atthe top. So one goal af mine in flagging now isto let you think
about that (and lke in the Emirates case weigh whether there are sovereign immunity issues to prepare for).
| had the same question as your second one. My colleagues said they are working on an answer to that.
Last | told my colleagues that you often like to bifurcate work for the Embassy and UAE entities for a host of reasons and it
could be just as well iFIPIC has different counsel. | hope you know that we are happy to do things any way that is best for
you and the UAE.
Ifyou can do me the favor of not forwarding this version of the email that has the email string, I'd be grateful | sent
‘another one that would be fine if you do want to forward,
Will send the additional information on the second question as soon as possible.‘Sent: Ficay, Soptembor 9, 2016 4:05 PM
‘os Richard int; Youse! Al taba’
ce: Seth Hertz
‘Subject: RE: UANI Update - Draft Note for Amb
| want us to seriously talk about withdrawing.
‘Sent with Good Work (amn-go0d com)
From: Fichard te
(ce: Seth Hotz
‘Subject: FW: UANI Update - rat Noe for A
‘See Seth rote below. A fw points ohighight:
‘Your pane! fs nom just you and Kaplan, moderated by Mark Wallace, Im no excited about having you up there just with Kaplan ~ considering HEE
links and hat he is biggest S behind UANI. Ancther option isto add someone else to panel someone ike Matis or Winfald. I spoke to Jay about t
‘and WSU wasn’ comvortable having him appear consgerng book. Optics not god for WSS. (Considering tis is open even, you shouldbe ready ia
MOB quostion comes at you rom & reporter during orate the panel. 1 work with Sion on ths.
‘Their proposed relist for ABZ knch has bunch of journos ~ mos! who we trust 1 deer o you to decide. They want o send inites outon
Monday.
Seth wil be on ste that morning and wil meet you curse
(Cat me it you want to iscuss.
‘Sent: Fray, Soptember 09,2016 3:06 PM
‘To: Richard Mintz
(Ge: Fyan Duncan : Fichard Marcus : Matthew Taca
‘Subject: UANI Update - Draft Note for Amb
Fichard- we had a helpful call wah UANL. Below is an updated for your review ~ dated in the frm ofan update eral to the Ambassador. Pease letOur Meeting
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@ FQUALIS | EasHope that helps and happy to discuss.
Sent from my iPhone
(On Oct 17, 2015, at 5:02 PM, Yousef Al Otaiba wrote:
| imagine IPIC already has its own legal counsel on this, Ths issue has been around fr awhile. The FE angle
is one of the more recent developments.
Two questions for you:
1. How would US distinguish between IPIC and UAE or abu dhabi govt
2. If this primarily a malaysian-UAE issue, what will the involvement/role of FBI turn out to be
IMDB is currently being investigated by Swiss, Singaporean, and Hong Kong authorities as well
From: Shapiro, Hal
Sent: Saturday, October 17, 2015 4:38 PM
To: Otaba
‘Subject: Confidential and PrivilegedRe: Confidential and Privileged
Shapiro, Hal -mnoS
To Yous Ota abs 7hetmaicon) &
Good te hear and good fim. Ifyou want to discuss embassy role happy todo at any time. Many thanks,
Sent fom my Phone
‘On ct 19,2015, at 10.29 AM, Yousef Al Otiba wrote:
‘Apparently IPI is working with firm called Cliford Chance mainly because that’s the fim that worked on the term sheet andthe
‘original transaction with TIMDB in 2012
"Not sue how good they are but atleast they are working with someone an the new IPC CEO is aware Akins ready to step in if
needed.
From: shape @akinguma com
‘To: otaiba7@hotmailcom
Subject RE: Cofdental and Prvleged
De Sun 18 Oct 2015 1615.16 +0000
‘Tharks very much. I you need anything om us, jut say the Word,RE: Note of Appreciation and Prime Minister's Office statement
Ore” helonjwegmailcom> Ame Smwyiv
oc A ae cn ARMA Bongo) &
LB) mosstementon mo. [Arrows ei
Dear Your Excellency,
rust als wel
|. As mentioned in our last meeting we expected these few month to be filed with noise, innuendo, and misinformation fam certain politcal
‘quarters. We are not concerned about our e-mails, 2s the purported e-mail leak had ciginate from the Saudis (which they had confirmed frm UK
authorities investigating this mater) which was then partial fabricated for politcal spin.
2. Weare ofcourse ro-acivaly engaging proper frst er medi to ensure accurate reporting, as we have always been with transparency
3. Please find attached and below the statement which confirms that all account have been audited by Deloitte and allin order and these fake
allegations made ae completely untrue.
“4 You may be also pleased to know that the Prime Minister received a unanimous vote of confidence tay from his Cabinet on his handling ofthe
economy,
5.The government has acknowledged that its inital funding of RMT millon (and resin debt and goversment guarantees) or IB nsuicient
{given te cutent economic climate (exacerbated by ieresponsibe inaccurate media reporting) and thus wil proceed to implement the svategc
reviow plan to shore up its capital base and ensure that al Lables are met,
6.The 3 Vice Presients ofthe ruling party are expected 1o make a statement tomorrow in suppor of the rime Ministers poston and IMDB,
hich wll be the fist time this has taken place in Malaysia to dpel the negative perceptions,
7. Lastly we wish to reéterate our appreciation for your patience, understanding and friendship and aways being there for us.
8. Wewil of course reciprocate this wth a demonstration of cur unconditional long-term commitment to not only Mubadal, but Abu Ohabl as 2
‘whole‘Thank you for your support and look forward to meeting with you during my nex vst to Abu Dhabi
Yours sincerely,
sho
Frome sia News sno»
Date Mach 208 164825 HET
Suet Pine Miners fr staterenon IMDB
‘Statement by the Prime Minister's Office on IMDB
Following recent media reports on MDB, the Prime Minister today called AMDB. and ther audtors Deloitte before Cabinet
MDB proved a reing on MBA's cure siuaton and responded toa seis of questions osed by Cabinet Mister
including the Prime Minister and Deputy Prime Minister. ov with
SteLcoted tat ni id aud an verde omen’ assouia,
‘committed within MDB, and ther des for tho company tobe alowed to implement the proposed autoomes cls statogie
review.
As a futher step, the Prime Minister informed Cabinet that he has instructed the Aucltor General to independenty very
IMDB's accounts. The Auditor General's report will be passed for transparent inspection to the Public Accounts Committee,
‘whichis fully bipartisan and reflects Parliaments composition.
Prime Minister Najb Razak said:
“if any wrongdoing is proven, the law wil be enforced without exception."RE: Various
Youset A Otaiba A MB ORE ly
very good
Date Mon. 16 Dec 2013123625 +0400,
Subject: Vorous
From: shaher@omcates tae
Te ctabaT@hotmallcom
Soh Kir Yous
‘Metvith no ast igh
{Les expecting to dose the Helnsay deal toa the Teh, However he theks that the terms and conions might not beso atvactve
2.6 toGonthe strateic agreements on ack Huge consructin and logistics opportuni or us
4. Seategic ci torage agreement sata tant between Khaldoon and ADNOC He wl puch Khaldoon in is mesg today wth him and wil ofr forthe
PE to waite direct othe Boss.
4 vifed no sbout Ham. Hi group boleh onthe US. Hei eager tomas Hs sometime in nuary.
5. IMDB PO delayed to end of
Ifthe Hensley deal oss today we expect tobe pid, in cash, by yea end. The gues yet tobe alized as MDs ony coming in with 1SDUS nt 2503s
cial anticipated
Best