BAE's global bribing campaign |
Publication | Mail and Guardian |
Date |
2010-02-12 |
Reporter | Sam Sole |
Web Link |
So now it's clear: BAE
Systems paid bribes to sell its weapons -- and prosecuting
bosses in the United Kingdom are as
politically pliant as our own.
That much emerged from the deal struck between the UK Serious Fraud Office (SFO)
and BAE to close the investigation into BAE's "marketing" activities across the
globe.
The SFO investigation covered allegations of BAE bribery in Saudi Arabia,
Hungary, the Czech Republic, Tanzania and South Africa.
However, the office reached a deal last Friday in which BAE would pay a
paltry �30-million and
admit to a "breach of duty to keep accounting records" in relation to payments
made to "a former marketing adviser in Tanzania".
The Saudi probe had already been quashed following political pressure from
former prime minister Tony Blair.
The Tanzanian case saw BAE sell the impoverished country an overpriced and
obsolete radar system.
The probe -- which led to the resignation of Tanzania's attorney general Andrew
Chenge when the SFO wanted to question him about �500 000 he received, allegedly
via BAE's "marketing adviser" -- is dead. Tanzania will receive a "charitable
donation" from BAE as part of the settlement. The SFO confirmed that all other
BAE investigations were being terminated, including the South African leg.
Bizarrely, on the day of the announcement last Friday, South African arms deal
activist Andrew Feinstein was at the SFO offices delivering an updated witness
statement at the investigators' request. Feinstein told the M&G he was
informed they had a "strong case".
As the M&G revealed previously, the
SFO uncovered evidence that BAE paid about R1.7-billion in "commissions" on the
sale of Hawk and Gripen jets to South Africa -- including
payments of about R280-million to former ministry of defence adviser Fana
Hlongwane.
In contrast with the vanilla announcement about "accounting" lapses the SFO was
more honest in private. At the closed February 5 bail hearing of Count Alfons
Mensdorff-Pouilly, BAE's "marketing adviser" for Eastern Europe, counsel for the
SFO said "BAE adopted and deployed corrupt practices to obtain lucrative
contracts of jet fighters in Central Europe".
Barrister Tom Foster said it was "a sophisticated and meticulously planned
operation involving very senior BAE
executives", who "conspired with Mensdorff" and "spent
over �10-million to fund a bribery campaign in Austria, the Czech Republic and
Hungary".
Mensdorff was also let off the hook in the
deal with BAE. Proceeding with the case against him would
have exposed the "accounting" misdemeanours for the
sham they were.
The only official confirmation of the allegations against BAE has come from the
United States, where a parallel settlement showed how much more serious the
Americans were.
BAE was forced to agree to a fine of $400-million and pleaded guilty to a charge
of "conspiring to make false statements" as set out in an indictment that
exposed its rancid marketing tactics in detail.
According to the indictment, "beginning in 1993,
BAE knowingly and wilfully failed to identify
commissions paid to third parties � to secure the
conclusion of the sale of defence articles, in violation of its legal
obligations".
The document says BAE concealed these
payments by setting up an elaborate network of offshore front companies
and made payments "even though in certain situations there was a high
probability" that they would be partly used to buy favour for BAE.
The indictment says that after May 2001 -- when BAE gave certain assurances of
probity to the US - the company made undisclosed payments of more than
�135-million and more than $I4-million to its "marketing advisers".
It is understood that the largest portion
of those sums were in relation to the South African deal.
Feinstein told the M&G that British defence
watchdogs The Corner House and Campaign Against the Arms Trade were taking legal
advice on challenging the SFO settlement.
With acknowledgements to Sam Sole and Mail and Guardian.