Defence Anti-Corruption Digest Edition 7, August 2006
Including...

Interview:  Ian McNamee Saab

Asia Pacific: China Targets Bribery in Military Spending

Europe: Germany Probes Fairfax Contractor In Iraq

Americas: Pinchet loses legal immunity

Middle East:  Former Iraqi Minister arrested for corruption

Africa:  Pahad Recalls that He Met French Arms Maker After All  
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Transparency International UK's

Defence Anti-Corruption Digest

Edition 7 / Aug 06
Defence Against Corruption

In the News

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Interview - Ian McNamee Saab

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Feature - Jane's Defence Weekly Opinion Piece 

Corruption does not deliver 
Copyright Jane’s Defence Weekly 
Opinion – Mark Pyman 16 August 2006
Defence companies and defence ministries are taking a more active interest in tackling corruption. It matters to us all that they succeed, writes Mark Pyman

We are seeing the beginnings of a major mindset change in the defence industry. Corruption, that hidden but sadly necessary part of doing business, is becoming a topic that can be directly addressed by companies and by arms procuring governments.

At the Farnborough Air Show in July, the European, UK and US defence industries all made announcements related to the formation of anti-corruption forums or working groups.

According to the Aerospace and Defence Industries Association of Europe, the industry is taking the “fight against corruption to the next level” and in the UK, the industry is setting up a UK Defence Industry Anti-Corruption Forum “to encourage and assist the mutual raising of standards”.

This represents a significant step forward by the industries to speak openly about a serious issue and to bring companies together to be pro-active in addressing it.

Through working with other industry sectors, such as banking and construction, it is apparent that collective action really can make a major difference. Some industries have also been able to collaborate to address complex international ‘reputational’ issues in a substantive manner: the chemicals industry cleaning up through the ‘Responsible Care’ initiative is one example.

Right now the world of defence and security desperately needs a powerful dose of anti-corruption thinking and action.

Think of the security of a country and how much harder it is when a corrupt defence establishment is present. Think of the post-Cold War history of the defence industry, how it has only recently emerged from an environment where corruption was a well-known part of doing business. In this inter-dependent, post-9/11 world, national and cross-border security systems assume enormous importance. Corruption threatens the integrity of those systems more than anything and, as always, it is ordinary citizens who most feel the consequences.

Kenya recently lost its well-respected anticorruption tsar, permanent secretary for governance John Githongo.

He resigned, citing evidence of extensive corruption in the government. The saddest and least surprising aspect of the evidence was that much of it related to defence and security contracts; European companies were implicated.

Even in a highly sophisticated defence environment like the US, the Darleen Druyun/ Boeing scandal of the leased air refueling tankers shows the ease with which even heavily supervised procurement processes can be circumvented.

Transparency International is an organisation focused on proposing and facilitating constructive solutions to reduce corruption. It is a non-profit organisation, founded in Germany in 1993 and now comprises chapters in 90 countries.

It has learned that a nation can make progress against corruption and that industry sectors collaboratively can make real progress against corruption.

The key is to address the whole system simultaneously. In defence terms this means exporting governments, importing governments and the defence companies – and to be resolutely international.

Exporting governments and arms importing governments – at least the reformist ones – express themselves very ready to work in this area. New tools incorporating civilian oversight into defence procurement are being trialled.

Concerned defence companies have been talking with Transparency International over the past five years and they are now working as a whole in Europe and in the US.

The sooner this expands to bring in other exporters like Russia, China, Brazil etc, the better, as many individuals in these companies and their governments will be actively supportive.

Besides the criminality of the offence, there are other serious impacts for companies, which engage in corrupt behaviour. Recent examples, such as the fallout on Compass Group from the UN ‘Oil for Food’ report; or the dramatic fall in sale price as in the withdrawal of Lockheed Martin’s bid for Titan, after due diligence revealed bribes having been paid, are testament.

Alternatively, the risk may be very commercial, as in the withholding of permission to acquire companies in the US because of Department of Defense concerns about business conduct standards.

So what can companies do? They can raise the topic with company directors and board members; review compliance processes with experts and then extend them down through subsidiaries and through supply chains; commit to the serious investigation of allegations; push for an overhaul of the company culture, making good business conduct an explicit part of it; and most of all, chief executives and board directors can show they are visible on the topic, both inside and outside the company.

Across the industry internationally, this needs to be thought of as a multi-year challenge similar to some of the huge technical challenges the industry has successfully tackled: such as network-centric operations.

However, companies should first join the European, International and UK defence anticorruption forums and make them a real force for change.

Lord Robertson, former NATO secretary general, who is engaged with Transparency International in bringing defence companies together on the issue of corruption, said: “This European forum is an excellent initiative. This is a bid by industry itself to clean up defence sales and to drive out corruption. It will be judged by its effectiveness in reassuring the public and governments and therefore it has to be tough, clear and credible. I am assured that it will be all three.”

Mark Pyman works at Transparency International, UK, and is the leader of Transparency International’s work in defence.

Reproduced with permission from Jane's Information Group - Jane's Defence Weekly

 

In the News

Below is a selection of news headlines from around the world from the past month. Please see our disclaimer immediately below the news section.

Asia & Pacific

Copryight Reuters, Beijin
2 August 2006

People’s Liberation Army inspectors are reported to be launching a campaign to fight the spread of corruption as businesses try to bribe their way into the military procurement spending program.

13 Kargil defence deals 'clean' 
Copyright Times of India
12 August 2006  

The Indian Central Bureau of Investigation has cleared 13 of 39 defence deals under investigation by it. At least seven are still under scrutiny, including a “coffin scam” relating to the Kargil conflict, and the Denel corruption scandal.

Air Force Officer Nabbed for Selling Secrets 
Copyright English News Chosun
20 July 2006 

Korean military investigators arrested Major Choi of the Korean Air Force in July on charges of selling military secrets relating to a helicopter procurement to a private defense contractor.

Europe

Saudi's £10bn arms deal safeguards jobs 

Copyright The Daily Telegraph

19 August 2006

The Saudi Government has signed a £10bn order for Eurofighter Typhoons with the UK government. It is believed the contract could be worth double over the next 25 years in maintenance and upgrades by BAE. The Liberal Democrats defence spokesman has called for “guarantees about the probity of this transaction. It must be wholly transparent.”

Parliamentary auditor hampers police inquiry into arms deal 

Copyright The Guardian

25 July 2006

Members of the UK public accounts committee have criticised the parliament chief auditor’s decision to refuse to allow Ministry of Defence police and the Serious Fraud Office to see the long suppressed report on the Al Yamamah arms deal. His department, the National Audit Office, has kept it secret it since it was drawn up 14 years ago.

Germany Probes Fairfax Contractor In Iraq 

Copyright Washington Post

5 August 2006

German authorities are investigating whether the wife of one of the founders of US company Custer Battles LLC has been channelling funds through foreign bank accounts in order to avoid paying the government millions of dollars for fraudulent conduct on contracts in Iraq.

Nine to stand trial in France over corrupt arms deal 

Copyright Agence France Presse

7 August 2006

The fugitive son and associates of former French interior minister Charles Pasqua are to be tried, some in absentia, on charges of corruption in state sales of police equipment in the 1990s. The French authority responsible for probing offences committed by serving ministers is investigating Charles Pasqua.

French inquiry into Taiwan frigates scandal hits snag on defence secrets act 

Copyright Agence France Presse

5 August 2006

The Consultative Commission on National Defence Secrets has refused to release secret defence documents that might aid the corruption investigation into the 1991 scandal concerning the sale of French frigates to Taiwan

French arms company charged with corruption alleges top-level betrayal 

Copyright Sunday Independent (South Africa)

6 August 2006

The managing director of Thint has issued an affidavit alleging that the South African National Directorate of Public Prosecutions has behaved in a questionable and perhaps unethical manner in disregarding the undertaking by its former director that Thint would not be prosecuted in relation to the South African arms scandal.

Americas

Pinchet loses legal immunity

Copyright The Independent, Associated Press Writer

19 August 2006

Former President Augusto Pinochet lost immunity of prosecution following a Supreme Court decision. He can now be tried on charges of corruption in relation to his formerly-secret overseas bank accounts. 

Related article: Pinochet's Dutch Secret by Anton Foek, Special to CorpWatch, 24 July 2006

Wife, Friend Tie Congressman to Consulting Firm 

Copyright Washington Post Staff Writers

28 July 2006

The US House of Representatives Committee on Standards of Official Conduct told Thomas Davis, a congressman with strong connections with a consulting company for technology firms seeking government contracts, that his wife can work for the consulting firm as long as the couple does not personally benefit from any official acts by him.

Pentagon officials quit at agency linked to bribes 

Copyright New York Times

11 August 2006 

Two officials at the Pentagon who were implicated in the Cunningham corruption scandal have resigned following investigations that have been conducted in their agency’s classified contracts with the businessman.

Pentagon Silent On Inquiry Into Cunningham Contracts 

Copyright San Diego Union-Tribune

4 August 2006 

The US Defense Department has yet to determine whether any of the defense and intelligence projects which are associated with former Congressman Randy “Duke” Cunningham’s bribe-taking were improper. The Department could not confirm whether an investigation into the contracts was being conducted. 

Contractor details 'cutthroat' cash machine 

Copyright The International Herald Tribune

6 August 2006

Brent Wilkes secured US government contracts through “transactional lobbying”, ultimately leading to him being described as “co-conspirator No. 1” by Randy “Duke” Cunningham. Wilkes insists he has not broken the law. He has not been charged in the Cunningham case. 

Related stories:

Washington Deal Maker Details Palm Greasing Copyright New York Times, 6 August 2006


Up to their earmarks in deals Copyright Herald Tribune

6 August 2006


US defense contract “earmarking” has mushroomed from $1.6 billion in 1994 to $47.4 billion.  This article outlines why the practice should be eliminated and details some attempts to do so.

US war costs continue to shoot up

Copyright Asia Times

1 August 2006 
US Iraqi war costs are counted as “emergency” spending, and are therefore are not constrained by the cap on defense spending that Congress imposes on itself. David Isenberg explains in this article how annual war costs are set to rise.

Middle East

Former Iraqi Minister arrested for corruption

Former Iraqi Minister arrested for corruption

Copyright Irish Examiner

22 August 2006

Iraq’s former electricity minister has been arrested on corruption charges. Warrants for the arrest of other former ministers - including defence - have been issued, but all remain at large.

U.S. judge sets aside verdict of corporate fraud in Iraq on technical ground

Copyright The New York Times

18 August 2006

Defence contractor Custer Battles has won its appeal to have the verdict that it was guilty of corporate fraud in Iraq set aside on the technical grounds that the bills submitted to the Coalition Provisional Authority could not be regarded as being presented to the US treasury. 

Africa

Zuma defence turns focus on Mbeki in trial

Copyright Reuters

2 August 2006

Former South African Deputy President Jacob Zuma has suggested that Thabo Mbeki is best placed to dispel allegations of corruption in the multibillion-dollar arms procurement deal, as Mbeki was at the time deputy president and cabinet member, and “very much involved in the arms deal process”. The opposition has called for the commission of an inquiry by the National Prosecuting Authority.

Pahad Recalls that He Met French Arms Maker After All

Copyright Cape Argus

17 August 2006

South African Minister in the Presidency Essop Pahad has admitted to meeting with Thomson CSF representative Alain Thetard. Up until then, the presidency had denied all suggestions that a meeting had occurred with the French arms company Thomson CSF.

Algeria's $7.5 Billion Arms for Gas Deal: Greater Clarity 

Copyright Defense Industry Daily

17 August 2006

Defense Industry Daily explores the recent Algerian arms deal with Russia, noting the exact composition of the deal “didn’t add up” and “transparency is not an outstanding feature of Russian arms deals”.

Disclaimer

Transparency International (UK) takes no position on the views presented by reporters, commentators, organisations and companies in the materials listed in this email or linked to in our website. As with any such resource, our purpose is to provide access to a wide selection of materials representing diverse viewpoints on a matter of obvious public interest. We do not exercise any editorial control over the materials and cannot guarantee their accuracy. The DACD is a free publication of TI UK, the UK national chapter of Transparency International.

Interview

Ian Mcnamee

Group Senior Vice President, International Relations and Business Improvement
Saab
 
The Defence Anti-Corruption Digest caught up with Ian McNamee to find out about Saab’s policy on dealing with agents, distributors and consultants. McNamee says that Saab’s compliance program has been continuously strengthened over recent years. Without a clear protocol on how things are done, he says, “it will be like the wild west show”

 

Agents and middlemen have been identified by Transparency International as one of the weakest links in corporate anti-corruption armoury, particularly in the defence sector where agents are used extensively. All too frequently, when bribery cases are finally exposed, an agent is revealed as the conduit for such bribery.

 

Saab deals with numerous agents, normally over 100 at any one moment. McNamee says "Saab has a uniform way of dealing with them - a specific set of rules we require them to follow, although we try not to burden samll businesses with bureaucracy." Saab works all over the world, USA, Europe, Africa, South America, Middle East, Far East, everywhere... so although there is a different approach to how business is done, we have to have a common way of working. People have to adapt to our way of working."


“We have to take a view as to what we think is reasonable, how things should operate, the kind of checks and balances we need. The process is getting stricter, firmer. Even now we are changing things. Ours is not a perfect system, but we learn by our mistakes and when we find something wrong we change it (and that doesn’t necessarily mean becoming more draconian all the time). If someone says something is unreasonable, and we agree, then we change it.”

“People have to adapt to our way of working”

“Saab complies with the national laws of the countries in which we operate and the laws of Sweden. We are always looking for ways to make sure we don’t expose ourselves by doing something that could be construed as being outside those laws. We are a company that believes in abiding by the rules.” 

 

Explaining the compliance regime for agents, McNamee says “If someone wants to represent us, or do work for us, they have to go through a regime of proving to us that they are sound individuals, reasonable people, their companies are run properly, they abide by laws. We normally conduct a degree of due diligence, to make sure they pay their taxes, they are law abiding citizens, they are who they say they are. Then we have agreements which last for normally only one year. They have to be renegotiated – there has to be a positive discrimination to make it continue. Most of the people we deal with understand the process and are quite happy to accept it. It’s not a revolution, its an evolution.” 



What about other firms that Saab engages in joint ventures with or sub-contracts work to? “We insist that the other firms adopt our rules whenever their own rules are not as exacting. This goes down the chain of sub-contractors.” 

 

Concluding on the theme of transparency, McNamee states “there is no doubt that it is better to deal in an open and transparent world than in one that is not. A lot of countries we deal with require a good degree of transparency”, and Saab is happy to respond to the needs of its customers - “we are driven by good business sense”.

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