AL YAMAMAH


'Al Yamamah' () is the name of a series of a record arms sales by the United Kingdom to Saudi Arabia, which have been paid for by the delivery of up to 600,000 barrels of oil per day to the UK government.[1] The prime contractor has been BAE Systems and its predecessor British Aerospace.
The first sales occurred in September 1985 and the most recent contract for 72 Eurofighter Typhoon multirole fighters was signed in August 2006.
Mike Turner, the CEO of BAE Systems, said in August 2005 that BAE and its predecessor had earned £43 billion in twenty years from the contracts and that it could earn £40 billion more.[2] It is Britain's largest ever export agreement, and employs some 5,000 people in Saudi Arabia.[3]

Contents
Background
Summary
Stages
Al Yamamah I
Al Yamamah II
Eurofighter Typhoon (al-Salam)
Tornado upgrade
Al Yamamah timeline
Export Credit Guarantees
Corruption allegations
Serious Fraud Office investigation
The allegations
The start of the investigation
1992 NAO report
Threats by the Saudi government
Investigation discontinued
BBC Panorama
U.S. Department of Justice investigation
See also
References
External links

Background


The UK was already a major supplier of arms to Saudi Arabia prior to Al Yamamah. In 1964 The British Aircraft Corporation conducted demonstration flights of their Lightning in Riyadh and in 1965 Saudi Arabia signed a letter of intent for the supply of Lightning and Strikemaster aircraft as well as Thunderbird surface to air missiles. The main contract was signed in 1966 for 40 Lightnings and 25 Strikemasters (eventually raised to 40). In 1973 the Saudi government signed an agreement with the British government which specified BAC as the contractor for all parts of the defence system (AEI was previously contracted to supply the radar equipment and Airwork Services provided servicing and training). Overall spending by the RSAF was over £1 billion GBP. [4]
In the 1970s United States defence contractors won major contracts, including 114 Northrop F-5s. In 1981 the RSAF ordered 46 F-15Cs and 16 F-15Ds, followed in 1982 by the purchase of 5 E-3A AWACS aircraft. Partly due to pro-Israeli sentiment in the U.S. Congress, which would have either blocked a deal or insisted on usage restrictions for exported aircraft, Saudi Arabia turned to the UK for further arms purchases.[5]

Summary


Although the full extent of the deal has never been fully clarified, it has been described as "the biggest [U.K.] sale of anything to anyone". At a minimum, it is believed to involve the supply and support of 96 Panavia Tornado ground attack aircraft, 24 Air Defence Variants (ADVs), 50 BAE Hawk and 50 Pilatus PC-9 aircraft, specialised naval vessels, and various infrastructure works. The initial Memorandum of Understanding committed the UK to purchasing the obsolete Lightning and Strikemaster aircraft, along with associated equipment and spare parts.[6]
The UK government’s prime contractor for the project is BAE Systems. BAE has approximately 4,000 employees working directly with the Royal Saudi Air Force (also see Military of Saudi Arabia).
The success of the initial contract has been attributed to Prime Minister Margaret Thatcher, who lobbied hard on behalf of British industry. A Ministry of Defence briefing paper for Thatcher detailed her involvement in the negotations:[7]

Since early 1984, intensive efforts have been made to sell Tornado and Hawk to the Saudis. When, in the Autumn of 1984, they seemed to be leaning towards French Mirage fighters, Mr Heseltine paid an urgent visit to Saudi Arabia, carrying a letter from the Prime Minister to King Fahd. In December 1984 the Prime Minister started a series of important negotiations by meeting Prince Bandar, the son of Prince Sultan.
..The Prime Minister met the King in Riyahd in April this year and in August the King wrote to her stating his decision to buy 48 Tornado IDS and 30 Hawk.

There were no conditions relating to security sector reform or human rights included in the contracts.[8]

Stages


Al Yamamah I

Deliveries began in 1989, comprising

★ 48 Panavia Tornado Interdictor Strike (IDS)s


★ 28 GR1 Standard


★ 6 GR1A Reconnaissance Standard


★ 14 Dual Control Trainers

★ 24 Panavia Tornado Air Defence Variant, equivalent to RAF Tornado F3 standard

JP233 Runway Denial Munition

Sea Eagle Anti Ship Missile

ALARM Anti-Radar Missile
Al Yamamah II

Deliveries early 1990s - 1998

★ 48 Panavia Tornado IDSs
Eurofighter Typhoon (al-Salam)

In December 2005 the governments of the UK and Saudi Arabia signed an "Understanding Document" which involved the sale of Typhoon aircraft to replace RSAF Tornados and other aircraft. Although no details were released, reports suggested the deal involved the supply of 72 aircraft. On 18 August 2006 a contract was signed for 72 aircraft. The aircraft cost approximately £5.2 billion, and the full weapons system is expected to cost approximately £10 billion. [9] The fact that the deal mirrors the conditions of the previous Al Yamamah contracts suggests that it is in effect Al Yamamah III (i.e. BAE the contractor, secrecy over contract details and payment in oil via the UK government).
Tornado upgrade

In February 2006 ''Air Forces Monthly'' suggested that the eventual Eurofighter order may reach 100 and the deal could include the upgrade of the RSAF's Tornado IDS aircraft, likely similar to the RAF's Tornado GR4 standard. In an editorial the magazine also raises the prospect of a requirement for a new lead-in fighter trainer to replace the earlier generation of Hawk 65/65As and to provide adequate training for transition of pilots to the advanced Typhoon. [10]BAE System's 2005 Interim Report noted that three RSAF Tornado IDSs arrived at their Warton facility for design evaluation tests with the ultimate aim being "to improve servicability, address obsolescence, and enhance and sustain the capability of the aircraft". On 10 September 2006 BAE won a £2.5bn (€3.7bn, $4.6bn) contract for the upgrade of 80 RSAF Tornado IDSs. [11]

Al Yamamah timeline



1984-07-11 — The ''Financial Times'' reports Saudi Arabian "interest" in the Panavia Tornado. Export had become a possibility after West Germany lifted its objections to exports outside of NATO.[12]

★ November 1984 - January 1985 — Reports emerge that France may win the Saudi contract for new fighters with the Dassault Mirage.

1985-09-16 — Saudi Arabia agrees "in principle" to Tornado, Hawk and missile deal.[13]

1985-09-26 — The defence ministers of the UK and Saudi Arabia sign a Memorandum of Understanding in London for 48 Tornado IDSs, 24 Tornado ADVs, 30 Hawk training aircraft, 30 Pilatus PC-9 trainers, a range of weapons, radar, spares and a pilot-training programme.[14]

1987-08-11 — First aircraft delivered, two Hawks at BAe's Dunsfold facility.[15]

1988-07-03 - Second stage (Al Yamamah II) signed in Bermuda by the defence ministers of the UK and Saudi Arabia.[16]

Export Credit Guarantees


Contracts between BAE Systems and the Saudi government have been underwritten by the Export Credits Guarantee Department, a tax-payer funded insurance system. Guarantees on a contract worth up to £2.7billion were signed by the government on 1 September 2003.[17] In December 2004, the the Commons trade committee chairman, Martin O'Neill, accused the government of being foolish for concealing a £1billion guarantee they have given to BAE Systems.[18]

Corruption allegations


There have been numerous allegations that the Al Yamamah contracts were a result of bribes ("douceurs") to members of the Saudi royal family and government officials. Some allegations suggested that the former prime minister's son Mark Thatcher may have been involved, however he has strongly denied receiving payments or exploiting his mother's connections in his business dealings.[19] The UK National Audit Office investigated the contracts and has so far never released its conclusions - the only NAO report ever to be withheld. The BBC's ''Newsnight'' observed that it is ironic that the once classified report analysing the construction of MI5's Thames House and MI6's Vauxhall Cross headquarters has been released, but the Al Yamamah report is still deemed too sensitive.
Serious Fraud Office investigation

The Serious Fraud Office conducted an investigation into a series of corruption allegations that had been reported in the press since September 2003 in relation to the Al Yamamah deals. The UK government discontinued the investigation on 14 December 2006 on grounds of the public interest.[20]
The allegations

In February 2001, the solicitor of a former BAE Systems employee, Edward Cunningham, notified Serious Fraud Office of the evidence that his client was holding. The SFO wrote a letter to Kevin Tebbit at the MoD who notified the Chairman of BAE Systems[21] but not the Secretary of Defence.[22] No further action was taken until after the letter was leaked to ''The Guardian'' in September 2003.[23]
In October 2004, the BBC's ''Money Programme'' broadcast an in-depth story, including allegations in interviews with Edward Cunningham and another former insider, about the way BAE Systems alleged to have paid bribes to Prince Turki bin Nasser and ran a secret £60 million slush fund in relation to the Al Yamamah deal.[24] Most of the money was alleged to have been spent through a front company called Robert Lee International Limited. The SFO was also investigating BAE's relationship with Travellers World Limited.[25] There also exists an internal five page report from 1996 detailing the fraud allegations.
The start of the investigation

The Serious Fraud Office was reported to be considering opening an investigation in to an alleged £20 million slush fund on 12 September 2003, the day after ''The Guardian'' had published the story.[26]
In November 2004 they made two arrests as part of an investigation into the allegations.[27] BAE Systems stated that they welcomed the investigation and "believe[d] that it would put these matters to rest once and for all."[28]
In late 2005, BAE refused to comply with compulsory production notices for details of its secret offshore payments to the Middle East.[29]
The terms of the investigation was for a prosecution under Part 12 of the Anti-terrorism, Crime and Security Act 2001.
1992 NAO report

In July 2006, Sir John Bourn, the head of the National Audit Office, refused to release a copy to the investigators of an unpublished report into the contract that had been drawn up in 1992.[30]
The MP Harry Cohen said, "This does look like a serious conflict of interest. Sir John did a lot of work at the MoD on Al Yamamah and here we now have the NAO covering up this report." In early 2002 he had proposed an Early Day Motion noting "that there have been... allegations made of large commission payments made to individuals in Saudi Arabia as part of... Al Yamamah... [and] that Osama bin Laden and the Al-Qaeda network have received substantial funds from individuals in Saudi Arabia."[31]
Official statements about the contents of the report go no further than to state that the then chairman of the Public Accounts Committee, now Lord Sheldon, considered the report in private in February 1992, and said: "I did an investigation and I find no evidence that the MOD made improper payments. I have found no evidence of fraud or corruption. The deal... complied with Treasury approval and the rules of Government accounting."[32]
Threats by the Saudi government

At the end of November 2006, when the long-running investigation was threatening to go on for two more years in order to probe Swiss bank accounts,[33] BAE Systems were negotiating a further multi-billion pound sale of Eurofighter Typhoons to the Saudi government. According to the BBC the contract was worth £6billion with 5,000 people directly employed in the manufacture of the Eurofighter, for which there are other customers,[34] while other reports put the value at £10billion with 50,000 jobs at stake.
On 1 December The ''Daily Telegraph'' ran a front page headline suggesting that Saudi Arabia had given the UK ten days to suspend the Serious Fraud Office investigation into BAE/Saudi Arabian transactions or they would take the deal to France,[35] but this threat was played down in other quarters. A French official had said "the situation was complex and difficult... and there was no indication to suggest the Saudis planned to drop the Eurofighter." This analysis was confirmed by Andrew Brookes, an analyst at the International Institute for Strategic Studies, who said "there could be an element here of trying to scare the SFO off. Will it mean they do not buy the Eurofighter? I doubt it."[36]
There were reports of a systematic PR campaign operated by Tim Bell through newspaper scare stories, letters from business owners and MPs in whose constituencies the factories were located to get the case closed.
Investigation discontinued

On 14 December 2006, the Attorney General Lord Goldsmith announced that the investigation was being discontinued. The 15-strong team had been ordered to turn in their files two days before. The statement in the House of Lords read:
The Director of the Serious Fraud Office has decided to discontinue the investigation into the affairs of BAE Systems plc as far as they relate to the Al Yamamah defence contract. This decision has been taken following representations that have been made both to the Attorney General and the Director concerning the need to safeguard national and international security. It has been necessary to balance the need to maintain the rule of law against the wider public interest. No weight has been given to commercial interests or to the national economic interest.[37]

The Prime Minister justified the decision by saying:
Our relationship with Saudi Arabia is vitally important for our country in terms of counter-terrorism, in terms of the broader Middle East, in terms of helping in respect of Israel and Palestine. That strategic interest comes first.[38]

Jonathan Aitken, a former minister, and convicted criminal, connected with the deals in the 1980s, said that even if the allegations against BAE were true, it was correct to end the investigation in order to maintain good relations with Saudi Arabia.[39]
Mark Pieth, director of anti-fraud section at the OECD, on behalf of the United States, Japan, France, Sweden, Switzerland and Greece, addressed a formal complaint letter before Christmas 2006 to the Foreign Office, seeking explanation as to why the investigation had been discontinued.[40] As of January 2007, OECD was conducting an inquiry into whether Britain violated the OECD Anti-Bribery Convention. Transparency International and Labour MP Roger Berry, chairman of the Commons Quadripartite Committee, urged the government to reopen the corruption investigation. [41]
In a newspaper interview, Robert Wardle, head of the Serious Fraud Office, acknowledged that the decision to terminate the investigation may have damaged "the reputation of the UK as a place which is determined to stamp out corruption".[42]
BBC Panorama

In June 2007 the BBC's Panorama alleged BAE Systems "..paid hundreds of millions of pounds to the ex-Saudi ambassador to the US, Prince Bandar bin Sultan."[43]
U.S. Department of Justice investigation

On 26 June 2007 BAE announced that the United States Department of Justice had launched its own investigation into Al Yamamah. It was looking into allegations that a U.S. bank had been used to funnel payments to Prince Bandar.[44]

See also



Wafic Saïd

References


1. Arms sales fuel BAe's profits
2. BAE cashes in on £40bn Arab jet deal Dominic O’Connell
3. Welcome to Project AY
4. British Aircraft Corporation. A history by Charles Gardner, , Charles, Gardner, B.T. Batsford Ltd, , ISBN 0-7134-3815-0
5. A deal in a different dimension; The UK-Saudi arms sale Bridget Bloom
6. Memorandum of Undestaning for the provision of equipment and services for the Royal Saudi Air Force
7. Briefing for the Prime Minister's meeting with Prince Sultan
8. Defence - Saudi Arabia Adam Ingram
9. BAE confirms £5bn Eurofighter sale to Saudi Arabia
10. Saudi Arabia Signs Typhoon Deal
11. BAE clinches new £2.5bn Tornado deal with Saudis Rupert Steiner

12. Saudi Arabia considers Tornado fighter deal Michael
13. Saudis agree 'in principle' to 3 billion pound plane deal: Israelis angered by Tornado sale 'arms race escalation' David Fairhill
14. Flight International World Aircraft & Systems Directory, , Michael J.H., Taylor, Reed Business Information, 2001,
15. BAe Hands Over First Part Of Saudi Aircraft Order Michael Donne
16. Britain signs 6 billion pounds Saudi arms contract David Fairhill
17. Millions risked on BAE contract
18. £1bn BAE guarantee 'foolish', says MP
19. Submission from the Campaign Against Arms Trade to the International Development Committee's Inquiry into corruption
20. Timeline: BAE corruption probe
21. Defence - Saudi Arabia Adam Ingram
22. Al Yamamah Contracts Geoff Hoon
23. MoD chief in fraud cover-up row
24. BBC lifts the lid on secret BAE slush fund
25. BAE subject of fraud investigation
26. Fraud Office looks again at BAE
27. SFO to investigate BAE contracts
28. BAE included in SFO investigation
29. Brutal politics lesson for corruption investigators
30. Parliamentary auditor hampers police inquiry into arms deal David Leigh
31. Business of the House Harry Cohen
32. Public Accounts Commission - Al-Yamamah Arms Agreement Alan Williams
33. Defence firms fear Saudi fall-out
34. Unions confirm BAE job loss fears
35. Halt inquiry or we cancel Eurofighters Christopher Hope
36. BAE investors take flight at potential loss of Eurofighter deal.
37. BAE Systems: Al Yamamah Contract Lord Goldsmith
38. Blair defends Saudi probe ruling
39. Criticism of ditched Saudi probe
40. OECD decision to re-open investigation OECD
41. Watchdog chief warns Saudi arms probe 'must be re-opened'
42. 'I like shooting things' Sylvia Pfeifer
43. Saudi prince 'received arms cash', BBC, 7 June 2007
44. BAE says U.S. is investigating dealings with Saudi Arabia


External links



[1] - OECD to press Blair over BAE inquiry December 2006

[2] - Al Yamamah Scandal.

[3] - The Al-Yamamah Connection : bombs, bribery and BAE Systems.

Corp Watch - BAE System's Dirty Dealings - November 2003

Out of Arms Way - The Guardian - August 2003

Corruption is a Crime - Site by the Liberal Democrats on Al Yamamah and other arms deals

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