[Congressional Record Volume 144, Number 146 (Wednesday, October 14, 1998)]
[Senate]
[Pages S12600-S12601]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




AUTHORIZING TESTIMONY AND REPRESENTATION IN BCCI HOLDINGS (LUXEMBOURG), 
            S.A., ET AL. V. ABDUL RAOUF HASAN KHALIL, ET AL.

  Mr. JEFFORDS. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 299, submitted 
earlier by Senators Lott and Daschle.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A resolution (S. Res. 299) to authorize testimony and 
     representation in BCCI Holdings (Luxembourg), S.A., et al. v. 
     Abdul Raouf Hasan Khalil, et al.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the resolution?
  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. LOTT. Mr. President, the case of BCCI Holdings (Luxembourg), 
S.A., et al. versus Abdul Raouf Hasan Khalil, et al., pending in the 
District Court for the District of Columbia, is a civil action brought 
by court-appointed fiduciaries of the Bank of Credit and Commerce, 
International, known as BCCI, to recover on behalf of depositors and

[[Page S12601]]

creditors of BCCI funds wrongfully diverted from the bank.
  Between 1988 and 1992, the Subcommittee on Terrorism, Narcotics and 
International Operations of the Committee on Foreign Relations, under 
the leadership of Senator John Kerry and Senator Hank Brown, conducted 
a wide-ranging investigation into BCCI. As the Subcommittee described 
in its report to the Foreign Relations Committee, one of the 
individuals with whom the Subcommittee staff met during its 
investigations may have used his contacts with the Subcommittee to 
extort money from BCCI. The court-appointed fiduciaries are seeking to 
recover any such improperly diverted funds. As a part of that effort, 
the fiduciaries are seeking testimony from a former Subcommittee 
counsel, Jack Blum, about his contacts with the BCCI employee.
  Both Senator Kerry and the Committee believe that it is appropriate 
to authorize the testimony requested on this subject. This resolution 
would accordingly authorize Mr. Blum to testify about this subject and 
to be represented by the Senate Legal Counsel in connection with the 
testimony.
  Mr. JEFFORDS. Mr. President, I ask unanimous consent the resolution 
be agreed to, the preamble be agreed to, the motion to reconsider be 
laid upon the table, and any statements relating to the resolution be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 299) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 299

       Whereas, in the case of BCCI Holdings (Luxembourg), S.A., 
     et al. v. Abdul Raouf Hasan Khalil, et al., C.A. No. 95-1252 
     (JHG), pending in the United States District Court for the 
     District of Columbia, the plaintiffs have requested testimony 
     from Jack Blum, a former employee on the staff of the 
     Committee on Foreign Relations;
       Whereas, pursuant to sections 703(a) and 704(a)(2) of the 
     Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(a) 
     and 288c(a)(2), the Senate may direct its counsel to 
     represent Members, officers, and employees of the Senate with 
     respect to any subpoena, order, or request for testimony 
     relating to their official responsibilities;
       Whereas, by the privileges of the Senate of the United 
     States and Rule XI of the Standing Rules of the Senate, no 
     evidence under the control or in the possession of the Senate 
     may, by the judicial or administrative process, be taken from 
     such control or possession but by permission of the Senate;
       Whereas, when it appears that evidence under the control or 
     in the possession of the Senate may promote the 
     administration of justice, the Senate will take such action 
     as will promote the ends of justice consistently with the 
     privileges of the Senate: Now, therefore, be it
       Resolved, That Jack Blum is authorized to testify in the 
     case of BCCI Holdings (Luxembourg), S.A., et al. v. Abdul 
     Raouf Hasan Khalil, et al., except concerning matters for 
     which a privilege should be asserted.
       Sec. 2. That the Senate Legal Counsel is authorized to 
     represent Jack Blum in connection with the testimony 
     authorized by section one of this resolution.

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