Showing posts with label Briberies. Show all posts
Showing posts with label Briberies. Show all posts

Tuesday, February 14, 2012

BHP Billington and Oz Minerals involved in bribery in Cambodia?

Firms tell of possible bribes

February 14, 2012
Richard Baker and Nick McKenzie
The Sydney Morning Herald

SEVERAL large Australian public companies have provided federal police with information implicating themselves in possible foreign bribery offences.

The Age understands companies involved in mining, exploration and other sectors in Africa and Asia have discovered possible evidence of overseas bribery during recent internal audits.

The audits were prompted by the corruption scandal involving the Reserve Bank of Australia that led to its subsidiaries, Securency and Note Printing Australia, as well as 10 former executives, being charged with the nation's first foreign bribery offences in July last year.

Construction firm Leighton Holdings yesterday became the first big Australian company to publicly admit it had alerted the AFP to a possible breach of anti-bribery laws.

Tuesday, November 15, 2011

Cambodia's court sentences ex-police chief 4 years in jail for corruption

Hun Hean (L) and Chhieng Son (R)
BANTEAY MEANCHEY, Cambodia, Nov. 15 (Xinhua) -- The Banteay Meanchey Provincial Court on Tuesday convicted the provincial former police chief Hun Hean of taking briberies and sentenced him to 4 years in jail and fined 280,000 U.S. dollars, according to a verdict announced by the presiding judge Im Vannak.

The court also sentenced his accomplices -- the provincial former deputy police chief Chheang Sun to 4 years in jail and fined 10,600 U.S. dollars, and other 2 affiliated former police Hem Sophal, deputy chief of minor crime police office, and Khieu Sara, chief of anti-drug office, were jailed 3 years each and fined 3,200 U.S. dollars and 400 U.S. dollars respectively.

All of them were found guilty of taking briberies in exchange of drug trafficking suspect releases.

Hun Hean and his deputy Chheang Sun were arrested on Jan. 7 and Jan. 10 respectively.

Sunday, August 15, 2010

Where there's smoke [-The long arm of the US Securities and Exchange Commission]

How the arrangement between Thai tobacco officials and the Brazilian subsidiary of Universal Corporation allegedly unfolded

15/08/2010
Bangkok Post

It started with dinner in Brazil attended by Thai tobacco officials and snowballed into an avalanche of graft and corruption with large ''special commissions'' paid into a Hong Kong bank account and gifts of watches, computers and sightseeing junkets to Las Vegas and Los Angeles.

(Click on the timeline to zoom in)

The US Securities and Exchange Commission (SEC) complaints against two tobacco giants at the centre of a multi-million-baht bribery scandal threatening to engulf the Thailand Tobacco Monopoly (TTM) make for disturbing reading. Not only is a culture of ''bribes-for-business'' made clear when dealing with the Thai officials, but also near non-existent accounting methods by the US-based tobacco companies - Alliance One International and Universal Corp. The crucial roles of local ''commission agents'' to facilitate the deals are also highlighted in the SEC allegations which do not name any tobacco company or Thai officials.

The two companies recently agreed to pay nearly US$30 million to settle charges that they bribed foreign officials - with unnamed TTM officials accused of taking close to $2 million in kickbacks to secure the sale of Brazilian tobacco leaf in Thailand between 2000-2004.

From 2000-2006 the managing director of TTM was Suchon Watanapongvanich.

According to the SEC complaint against Universal, between 2000 and 2004 the company paid TTM officials US$800,000 to secure sales for its Brazilian and European subsidiaries totalling $11.5 million.

The arrangement took root in early 2000, after TTM officials had expressed concern about the high cost of US tobacco and sought to buy it from other countries. Universal chose a commission agent in Thailand to help its

Tobacco Road _ how alleged graft took root
Brazilian subsidiary, Universal Leaf Tabacos Limitada (ULTL), to help jlarrange for a TTM delegation to visit the subsidiary's headquarters in Santa Cruz do Sul, Brazil.

On March 11, 2000, a ULTL executive hosted a dinner for the delegation also attended by the company's sales directors, an account representative for TTM and the commission agent. During a private conversation between the group, the agent stated that ULTL would have to agree to pay ''special expenses'' to obtain TTM business, which were ''kickbacks'' for certain members of the Thai agency, the complaint said.

But ULTL wasn't the only company trying to sell Brazilian tobacco, as Dimon Incorporated and the Standard Commercial Corporation _ merged in 2005 to form Alliance One _ were making the same overtures.

Dimon's former senior vice-president of sales, Tommy L Williams, was charged earlier this year with authorising bribes to TTM officials via Dimon's agent in Thailand. According to the SEC, Dimon and Standard paid more than $1.2 million to TTM officials from 2000-2004 to secure $18.3 million in sales. Among those payments was $50,000 allegedly paid to a political candidate who was also Standard's tobacco sales agent in Thailand.

After the 2000 dinner, a ULTL jlaccount representative indicated the company would coordinate with other potential Brazilian tobacco suppliers for the same ''price and special expenses'' and confirmed to the agent they would pay $100,000 in special expenses.

On March 23, 2000, ULTL submitted a bid through the agent which was inflated by the ''special commission'' amount. Six days later, the agent sent an email to ULTL advising that the TTM board had met and agreed to the request to replace some of the US tobacco with Brazilian tobacco. ULTL secured a contract for just over $1.6 million.

In April, a second trip for TTM officials to Brazil was organised with ''tourist aspects'' and $3,000 in ''pocket money'' paid for by ULTL and other Brazilian suppliers.

But the next month, the commission agent sent a fax to Universal's regional headquarters in Singapore warning that another Brazilian tobacco supplier wanted to sell to TTM.

On May 17, the regional head wrote in a cover note on a fax to ULTL ''what (the agent) is saying is that if the 'special expenses' are paid prior to the next visit by the ... there should be no problem with other cheaper quotes.''

ULTL directed the payment to a Thai bank account ''which purports to be a Thai fruit export company''. The payments were made in two $50,000 lots on June 13 and July 6 and recorded by the company as ''commissions paid''.

Universal's European subsidiary struck a similar deal in 2000 to sell tobacco sourced from its Malawian subsidiary, Limbe Leaf Tobacco Company, to TTM.

Once again, an inspection visit to Malawi for a TTM delegation was jlorganised with air fares paid for and $3,000 in ''pocket money''. Special expenses payments of $100,000 were requested as well as a $78,000 commission to the agent. After the 2000 deal, Universal made no further sales of Malawian tobacco to TTM.

But the kickbacks from the Brazilian suppliers continued for the next four years in ''much the same fashion'', the SEC documents say.

''Each year, ULTL coordinated its bid price with one or more other Brazilian tobacco suppliers to the TTM.

''Each of the Brazilian suppliers, including ULTL, inflated its bid price to account for 'special expenses' and transmitted additional funds to its respective agent who each understood would in turn direct the payments to the TTM representative.''


According to the SEC, in mid 2001 the agent instructed ULTL to pay 50% of the special payment to an account in Hong Kong held in the name of a person the tobacco company did not know. The agent directed ULTL to ''advise your bank not to mention our name in the remittance instruction''. Two payments of $110,000 were made to the account in July and August and recorded as ''commissions paid''.

In April 2002, ULTL's agent said she had learned the special expenses that year would be set at $0.45 per kilogramme of tobacco purchased ''based on the condition there are only three regular suppliers''.

The new arrangement continued, with the ''special expenses'' rising to $0.50 per kilogramme in 2003 and $0.80 in July 2004.

''I do not see any alternatives for us,'' a ULTL account representative wrote in an email to the agent.

''We have to play the game according to the rules. We are not happy about these extra 30 cents because they will affect our margins''.

The agent replied in an email ''there is nothing much one can do''.

Payments continued to be made to the Hong Kong account, with $195,040 paid in December 2004. A $61,897 payment was also requested to be paid into a German bank account for the agent.

In 2005, TTM changed to a ''blind'' electronic auction process for purchasing tobacco and the commission agent advised ULTL the system would be transparent and no special expenses would be paid.

The SEC documents on Dimon and Standard also alleged that improper payments and gifts were made tojl officials in Thailand and China.

''In 2002 and 2003, contemporaneous documents show that Standard employees provided watches, cameras, laptop computers and other gifts to Chinese and Thailand tobacco jlofficials.

''Standard also paid for dinner and sightseeing expenses during non-business related travel to Alaska, Los Angeles and Las Vegas for Chinese and Thailand government delegations''.

Alliance One, the new merged company, was also accused by the SEC of paying bribes to government officials in China, Greece, Indonesia and Kyrgyzstan.

In March 2004, the company noticed banking irregularities with certain accounts in Southern Europe and Central Asia and called in an outside law firm to conduct an investigation. The law firm said there may have been breaches of the US Foreign Corrupt Practices Act. The company reported the matter to the US Justice Department, closed the accounts and made personnel changes to try and ensure the corrupt practices were not repeated.

After the TTM introduced the blind electronic auction in 2005, ULTL was awarded a contract for just over US$3.1 million. Since then, it has not sold any tobacco to Thailand.

Monday, May 31, 2010

Chevron votes down transparency proposals

Monday, 31 May 2010
Jeremy Mullins
The Phnom Penh Post


SEVERAL measures aimed at increasing Chevron’s transparency when operating in developing nations were defeated in a vote by shareholders at the firm’s annual meeting late last week.

Proposals to disclose payments made to host governments and to establish a human rights committee, initiated by Oxfam and five other Chevron shareholders, received the support of only 7 percent of total shareholders, according to a Chevron statement announcing the results of the meeting late Wednesday.

Chevron officials declined comment over whether it had made payments to secure rights to Cambodia’s offshore oil and gas Block A, citing “contractual arrangements” and “commercially confidential information” when contacted earlier this month. Company officials could not be reached for comment Sunday.

Cambodians for Resource Revenue Transparency chairman Mam Sambath said increased transparency would ease tensions between extractive industry firms and local communities.

“Secrecy encourages conflict,” he said in statement issued by Oxfam release. “We don’t want this to happen because we want Chevron to stay.”

The organisation noted it could re-file the motion for discussion at next year’s annual meeting, and continued to call on Chevron and its shareholders “to support disclosure of all payments to host governments”.

OZ embassy responds to Securency

Monday, 31 May 2010
David Boyle
The Phnom Penh Post


IN RESPONSE to allegations that a Melbourne-based currency producer had engaged in graft in Cambodia, the Australian embassy in Phnom Penh said Sunday that the company’s executives had been warned of “Australia’s zero tolerance to bribery”, but that the embassy had not been in touch with the company’s local commissioning agent.

Last week, Australian Senator Bob Brown, leader of the Greens Party, said during a senate committee hearing that agents employed by Securency might have bribed local officials.

The company – a subsidiary of the Reserve Bank of Australia – manufactures polymer bank notes that are used in nearly 30 countries.

The Australian Federal Police (AFP) is already investigating whether the company’s commissioning agents offered huge bribes to officials in Malaysia, Vietnam, Nigeria and Indonesia.

“The embassy is aware that Securency was in discussions with the Royal Government,” the embassy said in a statement Sunday, adding that officials from the Australian trade commission and the department of foreign affairs and trade had “assisted” the company “in line with the department’s and Austrade’s guidelines for assisting Australian businesses”.

The statement said embassy officials did not know how long Securency had been negotiating with the government, or whether those negotiations had ended, but said it fell to the company to “conduct proper due diligence on potential business partners before entering a deal”.

The embassy said it had not been in contact with Daryl Dealehr, Securency’s commissioning agent in Cambodia who is also treasurer of the Cambodia Association of Mining and Exploration Companies and the owner of Cambodian Resources Ltd.

Dealehr declined to comment on Sunday.

Brown’s office was unable to elaborate further on Securency’s domestic operations when contacted last week, and pointed to documents already on the public record.

Saturday, May 15, 2010

Tea-time free for all [-Fund embezzlement by the CPP regime?]

May 15, 2010
BEN DOHERTY, PHNOM PENH
The Age (Australia)

Corruption in Cambodia's mining boom
Mining has the potential to drag the people of Cambodia out of poverty, but corruption means millions of dollars are going into the pockets of a powerful few.
IT'S JUST after midday when the group arrives at Titanic, a restaurant on the banks of the Tonle Sap River. The restaurant is the nicest on the Phnom Penh waterfront, despite its pessimistic name.

Tailor-made suit jackets are discarded and ties are loosened as the party of 20, entirely male save one, takes its seats at a long table.

Immediately, bottles of whisky appear, and generous glasses are poured.

The group stands, noisily charges its glasses to a short speech, and downs the lot.

Five minutes later, it's another speech, noisier and longer, before another, and another, each a little more raucous than its predecessor.

"It's a business deal. Celebrating a business deal. A Chinese company," a waiter informs other diners. There are three government ministers in the group, he whispers conspiratorially.

This is the public face of doing business in Cambodia. The benign bonhomie of a successful negotiation sealed over a long lunch.

But there is also a hidden side that is never so indiscreetly displayed and is threatening to stop the benighted country ever pulling itself out of the mire of poverty: corruption.

Cambodia is widely regarded as one of the most corrupt countries. Of the 182 countries tracked for public sector corruption by the Transparency International corruption index, Cambodia ranks 159th.

Corruption exists at all levels. Low-ranking public servants, most of whom have had to pay their superiors for the privilege of a job, recoup the money by requiring bribes to perform even the most routine of duties, to process a driver's licence application, approve a building permit, or register a business.

And it extends to the very top of the government. Senior ministers are regularly accused of accepting millions of dollars in ''tea money'' - a colloquial term for illegal, under-the-table payments - to grant forestry, oil and mining licences.

Sometimes, the money is window-dressed as donations for ''social funds'' or ''development projects'', but little of it is seen again. In 2009, the US ambassador to Cambodia, Carol Rodley, opined that $US500 million went missing in Cambodia each year.

So perhaps it should not have been a great surprise that last month, when the US financial markets regulator, the Securities and Exchange Commission, said it was investigating allegations of corruption involving BHP Billiton, speculation turned quickly to the company's operations in Cambodia. The SEC investigation is believed to centre on a deal between BHP Billiton and the Cambodian government signed in 2006, during a visit by Cambodian Prime Minister Hun Sen to Australia.

BHP conceded in its latest quarterly statement that an internal investigation had uncovered evidence "regarding possible violations of applicable anti-corruption laws involving interactions with government officials".

But the company has never confirmed that the SEC investigation is in any way related to dealings in Cambodia.

Whether or not it is the subject of the SEC inquiry, it is known that BHP paid $US1 million to the Cambodian government for a mining concession to conduct exploratory drilling for bauxite on 100,000 hectares in Mondolkiri province, in Cambodia's poor far east.

The world's biggest mining company also gave the government an additional $US2.5 million to go towards a ''social fund'' for development projects for local communities.

BHP's money was paid into a Cambodian bank account in September 2006. The money has not been seen, or accounted for, since.

BusinessDay has obtained the Cambodian government's budget statement for 2006, which is not released publicly. It shows revenue from mining concessions for that year of just $US443,000.

Despite promises from the government that the social fund money would be administered by the Finance Ministry, the documents show none of BHP's $US3.5 million appeared on the government's books. And while the ''social fund'' money was variously promised, by BHP and the Cambodian government, to start irrigation projects, and to build dams, schools and hospitals in the province, none of the money was seen in Mondolkiri.

Asked in 2007 about the money received from BHP, Cambodian Water Resources Minister Lim Kean Hor told the national parliament the money was "tea money".

"The royal government got tea money, $2.5 million, from the bauxite investment with Australia," he told parliament.

Hor was backed by another senior member of the ruling Cambodian People's Party, Cheam Yeap, who said "the money is just for friendship".

Both ministers refused interviews with BusinessDay. BHP has steadfastly denied the money it paid was ''tea money''.

''BHP Billiton operates over 100 assets in 25 countries,'' a spokeswoman said.

''We operate according to a strict code of business conduct, which is based on the values contained in the company's charter and has been prepared to assist our people, wherever they may be located, to work in a way that upholds the highest ethical standards.

''Each of BHP Billiton's businesses is required to ensure that all employees, contractors and others with whom they work understand the requirements of the code. The code prohibits bribery and corruption in all forms.

''The code is supported by a business conduct advisory service. This includes a multi-lingual, 24-hours-a-day call centre and online case management system. As a leading global resources company operating in so many parts of the world, we believe that operating sustainably and responsibly underpins everything we do.''

But anti-corruption campaigners and members of the Cambodian parliament say BHP must have known the money it paid in September 2006 was a bribe and would never reach the communities displaced by its mining activities.

For 15 years, Cambodian-born, Adelaide-educated Son Chhay has sat on the opposition benches in Cambodia's parliament, railing against rampant corruption.

He says bribery is "normal practice" in Cambodia and the major reason is that most Cambodians are still desperately poor.

Earlier this year, he walked out of parliament in protest at new anti-corruption laws, which allow senior government officials to keep their compulsory declaration of assets confidential.

"The law legalises corruption, it's not a fight against it,'' he says. ''People in government do not have the will to fight corruption because it is they who benefit. You can see that all the senior ministers, including the Prime Minister, have hundreds of millions [of dollars].

''Their houses are like castles, their wives are wearing $100,000 rings, compared to the poor, who hardly even have a proper place to live.

"No doubt BHP knew from the beginning this money is a bribe, is bribery; they knew from the beginning. They cannot ignore this reality by saying the company believed that the money was just paid properly, legally, to the government. There is no excuse for BHP."

Defending the payment's legitimacy this month, Hun Sen said: "I ordered to use this money to build the Charoek dam in Pursat province, but later this company requested a part of the fund to build schools and hospitals in Mondolkiri province."

For its part, BHP said in a letter to non-government organisation Global Witness that it had retained control of the money, which was to be administered by a committee over which it had veto. However, the company concedes it lost control, with some money allocated to a "social infrastructure project not approved by BHP Billiton".

Former BHP Billiton employees say the money has never been seen in Mondolkiri province. The miner's former community official in Mondolkiri, Nok Ven, says no community projects were funded with BHP Billiton's money.

"There's no such thing happen in Mondolkiri province,'' he says. ''There's no school, there's no irrigation. There's nothing at all happened.''

Nok Ven resigned from BHP Billiton because he felt the mining giant ignored the wishes of the indigenous Bunong people, who were shut out of forests they used for food and cultural practices.

BHP Billiton did, separately from the $US2.5 million social fund payment, donate nearly $US470,000 to six non-government organisations working in Mondolkiri province.

Chhay says it is common for tea money to be paid over and above mining licence fees, and for the money to vanish.

"The tea money paid by BHP to the government I think is just the same thing,'' he says. ''We could not find where this money [went] … there is no doubt that this money was somehow paid to someone, but there's no evidence it will be part of the government budget."

He says Cambodia is institutionally corrupt, with senior government officials bleeding natural resources for their own profit, while international donors contribute fully half the budget to keep the state afloat.

Cambodia is also one of the region's least-developed nations. Nearly 70 per cent of the populace survive on less than $2 a day. A third of children under five are malnourished.

And yet, Cambodia is not a country without means, nor potential. It is simply that the country's means are in the hands of so few, and it's potential so often abused.

Eleanor Nichol, a campaigner with Global Witness and author of Country For Sale, an examination of the developing country's extractive industries, says Cambodia's political and economic system is sculpted to the benefit of a few key individuals.

"It's a system of government where the state is treated as a personal slush fund, as opposed to what we understand as normal government, which is one that acts in the best interests of its people,'' she says.

She says donor money is funnelled to keep basic state services such as health, education, and infrastructure operating, while private interests ''bleed the state of its other assets'' - particularly its natural resources.

In the decades after the Khmer Rouge period, Cambodia's greatest natural resource - its wealth of untouched forest - was comprehensively stripped. Primary forest cover was reduced from 70 per cent in 1970 to just 3.1 per cent today.

Between 1990 and 2005, Cambodia lost 2.5 million hectares of forest, with the huge profits going into the pockets of a powerbroking few, members of the cabal that surrounds Prime Minister Hun Sen.

Now there are serious concerns the same will happen with Cambodia's remaining natural resources: its minerals, its fish stocks, its oil. These industries are all in their infancy, and their eventual value is not yet clear, but they are growing exponentially and unchecked. Potentially, they are worth hundreds of millions of dollars a year to a country that still cannot pay its own bills.

As well as being excluded from any of the economic benefits of the sale of their country's resources, it is ordinary Cambodians who suffer most directly from the land concessions being granted across their country.

Typically, the people are simply kicked off farmlands or forests they have used for generations for food and to generate income. But in many cases, entire villages are forcibly evicted by government soldiers, homes burnt and land seized, all without compensation.

Thousands of people have been displaced, and scores shot and killed by troops acting on government orders.

Most of the companies coming to Cambodia seeking mining licences are from China and Vietnam. Many are new enterprises, without a corporate reputation to uphold, and bring no mining experience to their new venture.

These companies, Chhay says, are uninterested in a transparent process, and are happy to pay whatever, to whomever, for access to Cambodia's natural resources.

And so, while it may not surprise many to learn that BHP found corruption in Cambodia, anti-corruption campaigners in Cambodia were surprised to hear the allegations levelled at BHP.

Time and again, BusinessDay hears that BHP's presence was welcomed in Cambodia. BHP was supposed to be the good guy.

With its hard-won reputation as a scrupulously honest operator, it was hoped the world's biggest miner could use its corporate influence to insist on strict standards of propriety.

Other multinational companies have also become embroiled in corruption allegations.

French oil company Total paid $US8 million to a social development fund, and $US20 million as a ''signature bonus'' direct to the government for the right to drill for oil offshore, while South Korean miner Kenertec paid a $US1 million ''start bonus'' simply for permission to begin work.

But while there is no shortage of interest, domestically and internationally, in Cambodia developing a transparent governance system for its new extractive industries, for every step the country takes towards greater accountability, there has been an equivalent leap back.

Global Witness' Eleanor Nichol says Cambodia has been effectively "captured" by a dishonest and self-interested clique, formed around the Prime Minister, his friends and family.

"The fact that Cambodia is completely corrupt is not a national secret,'' she says. ''Any company with even basic due diligence would know this and I'm sure BHP had very good due diligence procedures and systems in place. So they'd have gone in with their eyes wide open."

She says the BHP case raises questions about multinational companies, many with strong corporate reputations to protect, dealing with highly corrupt states.

"What responsibility do companies have to make sure the money that they pay the government actually reaches government coffers?'' she says.

"How do they ensure that the bank account numbers they've been given aren't the bank account numbers of senior public officials and are actually going to the Ministry of Finance? When you're dealing with a state that is captured by a small group of individuals, corruption can be more nuanced than the straight up 'give me a million dollars under-the-table' bribery."

BHP's 'tea money' missing in Cambodia [-Hun Xen was lying about social fund?]

May 15, 2010
BEN DOHERTY
The Sydney Morning Herald

Corruption in Cambodia's mining boom
Mining has the potential to drag the people of Cambodia out of poverty, but corruption means millions of dollars are going into the pockets of a powerful few.
PHNOM PENH: BHP-Billiton knowingly bribed the Cambodian government in 2006, anti-corruption campaigners say, paying $US2.5 million ($2.8 million) in ''tea money'' which never appeared on government books, and which never built a single school or irrigation channel as promised.

In September 2006, BHP-Billiton paid $US1 million to the Cambodian government for a mining concession to conduct exploratory drilling for bauxite on 100,000 hectares in Mondolkiri province, in Cambodia's far east. The world's biggest mining company also gave the government an additional $US2.5 million to go towards a ''social fund'' for development projects for local communities.

Despite promises from the government the social fund would be administered by the finance ministry, budget documents obtained by the Herald show none of BHP's money ever appeared on the government's books.

And while the money was variously promised, by both BHP and the Cambodian government, to start irrigation projects, and to build dams, schools and hospitals in the province, none was ever seen in Mondolkiri.

Anti-corruption campaigners and members of the Cambodian parliament say BHP knew the money it paid in September 2006 was a bribe and would never reach the communities displaced by its mining activities.

"No doubt BHP knew from the beginning this money is [sic] bribe, is bribery, they know from the beginning. They cannot ignore this reality by saying that the company believe that the money was just paid properly, legally, to the government," said Son Chhay, a 15-year member of the Cambodian National Assembly and outspoken anti-corruption campaigner. ''There is no excuse for BHP.''

BHP left Cambodia in 2009, after finding insufficient bauxite reserves to mine commercially, but the US Security and Exchange Commission is understood to be investigating the irregular payment.

And the company, while refusing to confirm its Cambodian payment is under suspicion, conceded in its latest quarterly statement that an internal investigation had uncovered evidence "regarding possible violations of applicable anti-corruption laws involving interactions with government officials".

The original deal between BHP and the Cambodian government was signed in 2006, during a visit by the Cambodian Prime Minister, Hun Sen, to Australia.

BHP's $US3.5 million, which government officials said would be received by the finance ministry, was paid into a Cambodian bank account in September 2006. It has not been seen, or accounted for, since. It appears nowhere on the government's books.

The Herald has obtained the Cambodian government's budget statement for 2006, which is not released publicly.

It shows revenue from mining concessions for that year of just $US443,000. The $US1 million for the mining licence, and the $US2.5 million for the social fund, do not appear anywhere else in the budget papers.

Quizzed on the deal in 2007, the Cambodian Water Resources Minister, Lim Kean Hor, told the national parliament the money was "tea money", a colloquial term for an undeclared bribe.


"The royal government got tea money, $US2.5 million, from the bauxite investment with Australia," he told parliament.

Mr Hor was backed up by another senior member of the ruling Cambodian People's Party, Cheam Yeap, who said "the money is just for friendship".

Both ministers refused interviews with the Herald.

There is continuing confusion over what the money was promised.

Defending the payment's legitimacy this month, Mr Hun Sen said: "I ordered to use this money to build the Charoek Dam in Pursat province, but later this company requested a part of the fund to build schools and hospitals in Mondolkiri province."

For its part, BHP-Billiton says it retained control of the money, which was to be administered by a committee over which it had veto. However, the company concedes it lost control of the money, with some allocated to a "social infrastructure project not approved by BHP-Billiton".

Former BHP employees say the money has never been seen in Mondolkiri province.

The miner's community official in Mondolkiri, Nok Ven, said no community projects were ever funded by BHP-Billiton's money.

"There's no such thing happen in Mondolkiri province. There's no school, there's no irrigation. There's nothing at all happened," he said.

Separately from the $US2.5 million social fund payment, BHP-Billiton did donate nearly $US470,000 to six non-government organisations working in Mondolkiri province.

Mr Chhay said it was common practice for tea money payments to be made over and above mining licence fees, and for the money to disappear.

"The tea money paid by BHP to the government … is just the same thing. We could not find where this money [went] … there is no doubt that this money was somehow paid to someone, but there's no evidence that they will be part of the government budget."

He said Cambodia was institutionally corrupt, with government officials bleeding the country's natural resources for their own profit, while international donors contribute fully half the country's budget to keep the state afloat.

UN figures show 68 per cent of Cambodians survive on less than $US2 a day.

"But there are so many rich people in Cambodia. You can look on the streets, there are a lot of LandCruisers, Lexuses and Mercedes … Cambodia receives more than half [its] budget from donor countries, but the officials are so rich and live in castles.''

Friday, May 14, 2010

More tea money went into the pocket of Hun Xen's corrupt regime?

Extracting the dollar figures

Friday, 14 May 2010
Steve Finch
The Phnom Penh Post


COMPANIES involved in Cambodia’s extractive industries have revealed further information about controversial payments to the government, as more detailed revenue figures showed the state received more than 9 billion riels (US$2.25 million) from the sector last year.

Following an announcement by Australian miner BHP Billiton that it was conducting an internal investigation of possible graft violations widely believe to have taken place in Cambodia, the French energy giant Total responded this week to revelations made by Prime Minister Hun Sen last month that it had paid $28 million as part of a deal for offshore Area III in October.

The figure appeared to contradict an official disclosure by a Ministry of Economy and Finance official in March that showed payments of $26 million were paid in January, but Total spokeswoman Phenelope Semavoine said by email Tuesday that the additional $2 million “will be made at a later date”.

She added that Total would co-manage a social fund programme for education and health in the Kingdom, without giving further details.

Total’s response comes on the heels of a report indicating that the government received $1.45 million from the mining sector and $800,000 from the oil and gas industry last year, the first year the government has made public official payments from the extractives industries.

Although the government still has not published complete 2009 revenues from the sector as part of TOFE (state financial operations notice) on the Finance Ministry website, the Post obtained a presentation from last month’s Oxfam America conference that showed the full-year payments.

Chevron spokesman Gareth Johnstone declined to comment Thursday on whether the US firm had made similar payments to the state as part of its involvement in offshore Block A, citing “contractual arrangements” and “commercially confidential information”.

Southern Gold, which is exploring for minerals in western Cambodia, said late Wednesday it had not made any payments to the government as part of its concession agreements.

“We have good relationship[s] with our joint-venture partners and have regular audits, doubled when we consider our JV partners audits and checks,” Cambodia representative Grant Thomas said by email.

“We at Southern Gold do not pay those types of payments [or] fees.”

Thursday, April 29, 2010

ANALYSIS: Graft likely to remain dominant feature in Cambodia

The corruptor-in-chief? (Photo: AFP)

Thu, 29 Apr 2010

By Robert Carmichael
DPA


Phnom Penh - Cambodian Prime Minister Hun Sen this week told a gathering of business leaders and government officials in Phnom Penh that there was no corruption in a deal by mining giant BHP Billiton Ltd, which pulled out of the country last year.

BHP Billiton, which is not saying much, is being investigated by the authorities in the United States and Britain for possible corruption offences. A number of media reports have cited Cambodia as one country where it might have paid bribes.

"They say that the company that explored for bauxite gave money illegally to Cambodia," Hun Sen was quoted as saying in the Phnom Penh Post newspaper. "We should ask: How can they bribe? It cannot be possible."

However, that seeming impossibility is well in line with international perceptions of the impoverished nation. Corruption monitor Transparency International rated Cambodia as one of the world's most corrupt countries, placing it 158th out of 180 countries with first spot going to the least corrupt country.

And you do not need to look hard in Phnom Penh to see the fruits of corruption. The streets are full of luxury vehicles, often driven by government employees whose official monthly earnings are just a few hundred dollars yet who live in expensive homes.

No one knows how much is siphoned off each year, but the US ambassador provided some indication last year - and riled the government - when she publicly said that graft costs Cambodia 500 million US dollars annually. That is around one-quarter of the national budget.

Cambodians are well aware of the problem. A 2007 study by independent market researchers Indochina Research examined attitudes toward corruption and found it is pervasive.

The report, called Perceiving and Fighting Corruption in Cambodia, noted that government employees routinely pay to get their low-paid jobs which means they need to extort money to recoup their "investment."

Half the respondents in the study blamed government salaries of less than 100 dollars a month as the main cause of corruption although they also pointed to greed and lust for power.

But likely the most significant finding was that Cambodia's judiciary was perceived as the most corrupt body. It is hard to fight graft when the mechanism needed to solve corruption is its biggest obstacle.

"Rigorous law enforcement must go together with salary improvement: The former is considered a necessary factor to reduce corruption," the report concluded. "This is a challenge given that the judiciary is unanimously considered the peak of corruption."

The extent and importance of graft explains why it has been on the donor reform wish list for 15 years. Finally in March, there was some good news when parliament passed a law the government claimed would combat the scourge.

But the law's many critics were not persuaded. They said the law is weak and flawed and maintained that political will to act against corruption is lacking.

But the new law does have some supporters. Bertrand de Speville is a leading international anti-corruption specialist and until 1996 headed Hong Kong's Independent Commission Against Corruption.

De Speville said a successful anti-corruption drive requires three elements: enforcement of the law, measures to prevent corruption and educating people about it.

"Their close coordination is the key," he said via e-mail. "Each of them is essential [and] they are interdependent - a success in any one of them enhances the other two."

But he warned that neglecting one would see the effort fail and added that political will is the "first essential."

De Speville was broadly positive about Cambodia's new law, saying it "provides a reasonably sound foundation" to combat graft, but he also pointed out some problems.

"The declaration of assets and liabilities regime is of very limited value," he said by way of example. "It fails to meet its true objective, namely the identification of conflicts of interests, and does not require declaration of the assets of spouses, parents and children."

Chea Vannath, an independent analyst and prominent campaigner against corruption, echoed de Speville's emphasis on education. So does she think the law is strong enough and the political will exists to make it work?

"Not in the near future because we are talking about reform, and for reform, you need a critical mass to make things change," Chea Vannath said. "[But] if among people in government [there are those] with a strong willingness to fight corruption, we might see hope."

Tuesday, April 27, 2010

BHP urged to open up on payments

April 28, 2010
MATHEW MURPHY
The Age (Australia)


BHP Billiton has been urged to show leadership and voluntarily disclose all payments made on a country-by-country basis to avoid allegations such as the Cambodian ''tea money'' scandal from damaging its reputation.

Non-government organisation Oxfam called for the action in the wake of the US Securities and Exchange Commission's investigation of payments BHP made to the Cambodian government, allegedly to secure bauxite leases.

Oxfam's mining advocacy co-ordinator, Serena Lillywhite, said BHP, as a supporting company to the Extractive Industries Transparency Initiative (EITI), should honour the principles of the agreement.

The EITI is a coalition of governments, companies, civil society groups, investors and international organisations that sets a global standard for transparency in oil, gas and mining operations.

''BHP has invested in the development of policies to encourage responsible business conduct including an anti-bribery standard. But the Cambodian allegations show policies alone are not enough,'' Ms Lillywhite said. ''Our view is that BHP, and indeed all Australian miners, can make a decision to voluntary disclose all payments to governments.

''I think the Cambodian incident sends a very strong message to all companies operating in high-risk countries that they do need to develop and implement robust, transparent and verifiable policies and practices, and that includes revenue transparency.''

Cambodia is yet to join the EITI.

Ms Lillywhite said the benefits of such transparency would help track payments and better indicate the benefits to mine-affected communities.

BHP has refused to disclose where the bribery took place. An investigation by British advocacy group Global Witness concluded that BHP paid $US1 million in 2006 but financial documents from that year show the payment was not recorded.

Cambodia's Minister for Water Resources, Lim Kean Hor, has told the country's National Assembly that BHP paid $US2.5 million to the government to secure a bauxite mining concession.

In a memo to staff last week, BHP chief executive Marius Kloppers stressed that working with integrity was ''critical to our success''. ''That means working in a way that upholds our values, which underpin everything we do,'' he said.

Saturday, March 15, 2008

Hun Sen: Police control stations to ask for bribes are sprouting back up again

Hun Sen reminds about the “road inspection” problems which the officials claim to have forgotten

Saturday, March 15, 2008
Koh Santepheap
Translated from Khmer by Heng Soy

Hun Sen warned again about the “road inspection” problems set up by “second-hand” (i.e., not officially sanctioned by the government) control police officers. He said that this problem is rearing back up, and it did not disappear yet.

Hun Sen said that, near Chhlong district, there is a control station, and in Kampong Cham, near the digging by the paved road, there is one place where bribes are being asked also. Hun Sen requested to government officials: “Take a look at them, they are all over the place. I am pointing these 2 locations for you to see only, near the border between Kampong Cham and Kratie provinces.”

Hun Sen made these remarks in the afternoon of 13 March during his presence at the closing of the Ministry of Interior conference. Hun Sen indicated that, there is no problem dealing with police officers taking bribes, all that needs to be done is to take off their title. He said that roads were built for orderly traffic, but these cops turn them into a bribe-request location instead. He said that TVK broadcast about this issue every day, but, they don’t watch it, and even the newspapers are reporting about these control stations, but the government officials do not read about them. Hun Sen added: “When the high-ranking officials go down to inspect, their cars are blaring the siren sound, so that when those who set up the control stations hear about it, they just took off because they are mobile control stations.”

Hun Sen said that he used to make the request (to shut down these control stations), but, now, he shouldn’t make any request anymore. Hun Sen asked: “Are you running out of food to eat if you stop taking bribes from taxicabs for one day? This is a negative point that will lead to other problems…”

Hun Sen asked the provincial officials to take a look at this issue, and not to wait until the PM yells for them to take a short-lived measure, fighting this issue must be done constantly. In the case of “road inspection,” Hun Sen ordered all city and provincial officials to pay attention to them, and to clean up these “second-hand” control stations. He said government officials should post a sign in front of their office doors to remind themselves to get rid of these control stations. According to Hun Sen’s warning, officials working in an area where there is a second-hand control station, will be removed from their position, however, no such punishment has been metered out yet. Some believed that if, in spite of warning, these police officers are still doing it, then it is time that they should be dealt with so they take responsibility for their action.

Friday, February 01, 2008

Brash, ambitious (read greedy), ruthless ... Kith Meng is Hun Sen's tiger cub (read crony)

02.11.08
By Ron Gluckman
Forbes


Brash, ambitious, some say ruthless, Kith Meng is building an empire in the newest tiger economy.

A towel around his neck, the slight Cambodian in a sweaty Nike (nyse: NKE - news - people ) sports shirt shouts instructions into a cell phone. He's stomping across the spacious lawn of the Cambodiana Hotel with an arrogant swagger, like he owns the place. Which, in fact, he does.

He's Kith Meng, and that same swagger is on display practically everywhere you look these days in Cambodia. From hotels to telecoms and television, banking, insurance, even education, Kith's Royal Group has a finger in nearly every pot simmering in Asia's newest tiger economy.

Long derided as a backwater that utterly missed the Asian economic boom, Cambodia has been racing to make up for lost time. News that the economy surged by more than 13% in 2005 caught everyone's attention. But growth has averaged 9% annually since 1998, says Stephane Guimbert, senior country economist at the World Bank. That's the second fastest in Asia, after China. Last year growth may have hit 10%.

Granted, it's from a very low base, and exports are mainly textiles. But investment has picked up in the expectation that oilfields off the southern coast will be developed. Real estate is skyrocketing, faster than anywhere in Asia outside of China. And the country drew more than 2 million visitors last year for the first time. Plans call for a stock exchange to open in 2009.

Susan Schwab, who in November became the first U.S. Trade Representative to visit Cambodia, praises its liberal investment laws and a commitment to cleaning up rampant corruption. "This is a wonderful story, for any country, more so one so scarred by its past," she says. "If the buzz factor hasn't already hit, it's definitely developing." Her visit coincided with a landmark Phnom Penh investment conference. "We expected 300 people, but there were over 500," says Christopher Bruton in Bangkok, one of the organizers and a researcher and consultant in Cambodia for decades. "We have never seen such interest in Cambodia."

Kith happily notes: "Before, people used to think of this as a place of war and instability. But now we are part of the global economy, and everyone is coming."

When they arrive, many have no choice but to court Kith, who, more than any of the country's other tycoons, stands as the rugged role model for wheelers and dealers in this anything-goes, frontier economy. "He's a real rags to riches story," says Dean Cleland, chief executive of ANZ Royal, which is planting ATMs and the bank's vivid blue logo everywhere around Phnom Penh. Australian banking powerhouse ANZ holds 55% in the joint venture, with Kith holding the rest, but nobody would consider him a meek minority shareholder. "We have strong and rigorous board meetings," Cleland says.

The word around town is that the two sides battle constantly, with ANZ struggling to distance itself from a meddlesome Kith. "Who said that?" Kith snorts, temper flaring at any inkling of criticism. Yet he quickly calms down, chuckling as he concedes: "My role in the partnership is to push. And push. I'm like the driver."

It's clearly a role he relishes. And, whatever confrontations ensue behind closed doors, the combustive mix has propelled the venture into a lead role in a banking market that may be growing at 30% a year, fueled by the bubbling real estate market. Of course, Kith also claims plenty of prime Phnom Penh plots.

New high-rises are rapidly reshaping a city skyline still dominated by a 15-story Intercontinental Hotel. But 40-story office, commercial and residential towers are on the rise. Just to trump them, Kith vows to build one 45 floors high. Then came the announcement last month that the 52-story International Finance Tower had gotten approval. Kith will surely adjust his sights higher.

Many of Phnom Penh's streets are still unpaved, and there isn't a single Golden Arches or Starbucks (nasdaq: SBUX - news - people ) yet. Hence, at the opening late last year of a Swensen's, a U.S. chain of ice cream parlors, none other than the U.S. ambassador and the commerce minister cut the ribbon. The hunger for fast food will be satisfied this year by the first Kentucky Fried Chicken outlets opened by--who else? Kith, who also has the Pizza Hut concession.

"He's not an entrepreneur in the traditional sense of creating new businesses," notes one close friend. "What he does is go out and get the business that Cambodia needs. He brought in mobile phones, television, banking, insurance. He's the right guy at the right time."

Take ATMs. When ANZ opened in late 2005, there were hardly any in Cambodia. "We wanted to bring in 25," Cleland recalls. Kith wanted 100. "We ended the year with 52, which seemed a fair compromise," Cleland says. The number quickly topped 90 and will surpass Kith's goal any day.

Not that Kith is satisfied. Now he's barking about credit cards. No Cambodian bank issues plastic, not surprising considering the country's rather recent financial turmoil. Money finally returned to circulation after the Khmer Rouge outlawed currency, blew up the banks and turned clocks--and this war-torn nation--back to Year Zero.

Cleland says there may be 6,000 credit cards issued by overseas banks in the country. He reckons that cards rarely make financial sense until the number reaches 100,000. But Kith is guided by intuition, not market studies. "In his words, you cannot be the number one bank without credit cards," Cleland says. And guess what? "We're rolling them out in April," he notes.

The bank boss may not be very excited about the $1.5 million likely to be spent on the rollout, but he's quite satisfied with a profit of $541,000 for 2007--years before any profit was projected. All the more impressive, it comes as the bank plows cash into expansion. "This has been a good partnership, for both sides," Cleland says. "[ANZ] tends to be more cautious, but that definitely isn't his style. He's very aggressive, very bullish."

ANZ almost took a pass on Cambodia. "If not for Kith Meng, I don't think we'd be here," says Cleland. "A lot of people ask why ANZ is in Cambodia. The answer is that he went to Australia looking for a bank for the country. He made the rounds and came back and told us that of all the banks, we were the one that had said 'No' the most politely." Cleland says ANZ had previously assessed Cambodia: "It came up as a market that was too small, and it was too soon." Kith pressured ANZ to reconsider, suggesting that it fly people in for a new look. If they didn't like what they saw, he would pay for the trip. What ANZ saw was a huge cash economy bigger than what bank deposits indicated. "We caught the wave at exactly the right time," Cleland says.

ANZ may know banking, but Kith has the Midas touch in Cambodia. And he clearly stands apart from both the old money--made mainly in mining, logging and smuggling in the 1980s and 1990s--and the new entrepreneurs starting restaurants and tourism businesses. The older tycoons tend to be reclusive and tied by blood or marriage to the political leaders. In contrast the brash Kith is only 39, unmarried and linked to nothing but the pursuit of profit. Many call him the new face of Cambodian capitalism.