Скачать или смотреть THE BAE -TANZANIA RADAR CASE -Tanzania Parliamentary intervation

Arms company BAE Systems today pleaded guilty at the City of Westminster magistrates court in London to minor charges of false accounting relating to its controversial sale of military radar equipment to Tanzania in 1999. The sale has been surrounded by allegations of corruption.

BAE and the Serious Fraud Office (SFO), which was investigating the corruption allegations, announced in February 2010 that they had reached a "plea bargain" settlement under which BAE would plead guilty to the accounting misdemeanours.

After BAE entered its guilty plea, District Judge Caroline Tubbs gave permission for the plea bargain settlement to be heard at the higher Southwark Crown Court on Monday 20 December.

At this unprecedented hearing, the judge, Mr Justice Bean, will be asked to confirm the final settlement.

The single criminal offence against BAE, presented by SFO lawyer Louis Mably, was brought under section 221 of the Companies Act 1985 concerning a corporation's "duty to keep accounting records". It states that British Aerospace Defence Systems Limited failed:

"to keep accounting records which were sufficient to show and explain payments made pursuant to (a) a contract between Red Diamond Trading Limited and Envers Trading Corporation, (b) a further contract between British Aerospace (Operations) Limited and Merlin International Limited."

The SFO had been investigating allegations that BAE covertly channelled bribes through the Panama-registered Envers from its company, Red Diamond, to secure a contract in 1999 to supply Tanzania with a military radar system costing £28 million. (British Aerospace Defence Systems was a UK subsidiary of Siemens AG [Siemens Plessey Systems] that BAE acquired in April 1998 and renamed.)

The charge, however, is not being brought against this BAE subsidiary or its company officers, but against the ultimate parent company, BAE Systems Plc, for knowingly procuring the failure of this subsidary to keep accounting records:

B.A.E Systems Plc, between 1st January 1999 and 31st December 2005, knowingly procured the failure of British Aerospace Defence Systems Limited to comply with the provisions of section 221 of the Companies Act 1985, and thereby aided and abetted, counselled and procured the commission of the offence contrary to section 221(5) of the Companies Act 1985 by the officers of British Aerospace Defence Systems Limited.

When asked how BAE pleaded to this charge, QC David Perry acting for BAE said simply "guilty", and declined to add anything further.

There was no mention by the SFO at the Magistrate's five-minute hearing of a request by The Corner House and Campaign Against Arms Trade to bring to the Court's attention the SFO's apparent undertaking as part of the plea bargain never to prosecute any individual in future if doing so involves alleging BAE Systems was guilty of corruption.

NOTES

1.

Campaign Against Arms Trade (CAAT) works for the reduction and ultimate abolition of the international arms trade together with progressive demilitarisation within arms producing countries.

The Corner House aims to support democratic and community movements for environmental and social justice through analysis, research and advocacy. www.thecornerhouse.org.uk.

The Serious Fraud Office is a UK government department that investigates and prosecutes complex fraud. It aims to contribute to "the delivery of justice and the rule of law. It has been investigating alleged bribery and corruption in BAE's deals in at least six countries since 2004.

BAE Systems is one of the world's largest arms producers. It makes fighter aircraft, warships, tanks, armoured vehicles, artillery systems, missiles and munitions. Its foremost markets are Saudi Arabia and the United States. It has consistently denied any wrong-doing.