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Barua ya SFO hii hapa: Je, Chenge na PCCB wamedanganya?

Discussion in 'Jukwaa la Siasa' started by Superman, Nov 9, 2010.

  1. Superman

    Superman JF-Expert Member

    #1
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    Wana JF;

    Mwanasheria wa Zamani wa Serikali ya JMT Andrew Chenge na TAKUKURU wote kwa nyakati tofauti wamedai kuwa Chenge hakuhusika katika kashfa ya rada.

    Lakini tuhuma na ushahidi uliopo katika barua ya SFO kwenda kwa Mwanasheria Mkuu wa JMT ya tarehe 21 March 2008 inaonyesha kuwa Chenge, bado anao Mkono katika tuhuma hizi nzito. Na bado anawajibika kuwajibu wa Tanzania alipata wapi USD 1.5 Million badala ya kuja na majibu mepesi kwa maswali magumu kuwa "hivyo ni visent vyangu na nina haki ya kikatiba kutokueleza nilikozipata"

    Ninachoshindwa kuelewa ni wanasiasa wa Tanzania na Watendaji wao; Je wanatufanya Watanzania hamnazo au mazezeta sana? Je, kwa barua hii na tuhuma zilizoelekezwa kwake ana majibu gani ya kutupa hata kama anadai SFO wamem- clear. Hizo USD 1.5 Million alizitoa wapi? Na huyu ndiye sasa anataka awe Spika wa Bunge letu.

    Ole wao wabunge wakimchagua 2015 si mbali, mtakutana na hukumu ya moto!

    Je PCCB na Chenge Wamedanganya? Ni kweli SFO hawajamhusisha Chenge na tuhuma hizi?

    Naona kizunguzungu bado!



    Sources:

    1. http://hawleyfeinstein.files.wordpress.com/2010/02/sfo-tanzania-request.pdf
    2. http://hawleyfeinstein.files.wordpress.com/2010/03/tanzania-bae-allegations1.pdf
    3. The Guardian Tanzania, "Moment of Shame", 7/2/10
    4. BAE's secret $12m payout in African deal | World news | The Guardian
     

    Attached Files:

  2. Safari_ni_Safari

    Safari_ni_Safari JF-Expert Member

    #2
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    Tanzania:

    In the course of investigating BAE's offshore arrangements relating to payments involving Saudi Arabian figures, the SFO came across other payments including in relation to Tanzania.

    1 The SFO established that BAE Systems had secretly paid $12 million commission to Sailesh Vithlani, its agent in Tanzania, via a Swiss bank account, representing 30% of a deal sealed in 1999 to sell a military radar system to Tanzania. The actual price of the military radar according to the investigation was $12 million but Tanzania paid $40 million, with the extra $28 million allegedly paid to government officials and individuals.

    The radar was controversial because the World Bank and the IMF as well as the UK's Department for International Development and Foreign Office believed that Tanzania did not need a military radar which was to be used primarily for civilian purposes given Tanzania's very limited airforce capacity. A civilian system could have cost as little as £3-5 million. The SFO in the course of its investigations found "reasonable grounds" to believe that the financing package for the deal "was structured to circumvent, and in reality may have breached" requirements agreed with the World Bank and IMF.

    The agent
    In January 2006 Vithlani, who has a British passport, admitted that he had acted as BAE's agent on the deal. Vithlani's business partner, Tanil Somaiya, stated that BAE had maintained two parallel agency agreements, an official one which paid 1% commission which went via a Tanzanian registered firm, Merlin International Ltd, and an unofficial one administered via BAE's offshore entity, Red Diamond, which put $12 million in a Swiss bank account in the name of Envers Trading Corporation, registered in Panama, and which was under the personal control of Sailesh Vithlani.

    2. According to a leaked SFO supplemental request for mutual legal assistance from the Tanzanian attorney general from March 2008, BAE through Red Diamond, which is registered in the British Virgin Island, entered into an agreement with Envers Trading Corporation. Envers acted as BAE's consultant in Tanzania. The power of attorney over Envers was held by Tanil Somaiya and Shailesh Vithlani, and the Corporation operated from the address associated with Merlin International Ltd. Payments were made between January 2000 and April 2005 of over $8 million. The agreement between Red Diamond and Envers was terminated in December 2005 with a settlement payment of $3.3 million. According to the SFO document "Vithlani was neither a technical nor commercial specialist", his role was "apparently nominal" and the SFO's investigation "has good grounds now to believe it was generally known that Vithlani's role involved making payments to Tanzanian public officials in positions of influence in the Radar contract negotiations". Vithlani was referred to in BAE internal correspondence variously as "our friend" and "the fat man".

    Recipients
    Key figures in Tanzania who were alleged to have received bribes from BAE via Envers include Andrew Chenge, Attorney General of Tanzania between 1995 and 2006. Chenge was required to approve the financing package backed by Barclays Bank for the radar deal before it could go ahead. The SFO investigation uncovered that Chenge controlled a company in Jersey called Franton Investments Limited, through which he received $1.5 million. This money appears to have come via Barclays bank in Frankfurt, and ultimately may have come from a bank in Liechtenstein. Chenge's agreement was also needed to ensure that English Law and arbitration would apply in the event of civil dispute.

    In September 1999 Vithlani wrote to Barclays bank enclosing the final draft of the financing package and a legal opinion from Chenge that the new arrangements would not be subject to suit in Tanzania, that English law would prevail and that the arrangements would not cause Tanzania to become ineligible for funds from the IMF or other multinational agencies. The SFO letter states that it concludes "that there are reasonable grounds to believe that in taking this stance, Chenge was putting the economic interests of Tanzania at risk".

    Chenge's financial advisors were aware that "if Mr C's government were to be made aware of these assets in London, they may confiscate them". Chenge is alleged to have breached Tanzanian law, in particular the Public Leadership Code of Ethics Act 1995 in not disclosing his assets in Jersey.

    Another person alleged to have received funds from BAE is Dr Idris Rashidi who was governor of the bank of Tanzania between 1993 and 1998, and was according to the SFO document "a key figure in the negotiation of the financing of the radar without which there would have been no contract". Rashidi was paid $600,000 from Chenge's Franton account. Both are thought to have had acted with the full backing of top government officials at the time.

    Chenge resigned as Ministry for Infrastructure Development in April 2008 shortly after the Mutual Legal Assistance request laying out the SFO's discovery about his bank accounts was sent.

    The SFO request also stated that it was investigating the affairs of BAE Systems, Michael Peter Rouse (Director of Marketing at BAE from 2002), Sir Richard Harry Evans (former BAE chairman), Michael John Turner (former chief executive of BAE), and Julia Adgridge (Deputy Head of Marketing at BAE).
     
  3. Superman

    Superman JF-Expert Member

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    Safari Ni Safari . . . .

    Imetulia hii . . . Ukiweza ipange vizuri iwe na paragraphs ili isomeke kirahisi.
     
  4. Allien

    Allien JF-Expert Member

    #4
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    Ngoma inogile. Kama vile phase 2 ya Uchaguzi Mkuu. Ngoja nijiweke pembeni na pop-corn niisome vizuri kwanza.
     
  5. Tiba

    Tiba JF-Expert Member

    #5
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    Wakuu nasikia kizunguzungu baada ya kusoma hizo barua, nimeishiwa nguvu, naomba maji ya kunywa!!! I think Hosea should be buried live for cleaning Chenge from this big theft of the countries money.

    Tiba.
     
  6. Superman

    Superman JF-Expert Member

    #6
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    Kwa hulka yetu Watanzania. sitashangaa kama chama chake kitamsafisha na hatimaye kuchaguliwa kuwa Spika wa Bunge: No. 3 in Command in case of absence ya President and Vice-President. Kweli anastahili?
     
  7. RedDevil

    RedDevil JF-Expert Member

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    Ngoja tuone wabunge wetu kama bado wako kwenye karne ya 19 au 21. The country has many wazalendo people and they are smart than hawa Wenye tamaa, why can't we keep them aside and let them reset to zero by taking all what they have? The answer is USWAIBA MWINGI.

    I am sure this people will witness when the so called wazalendo take this country in our hands. Big up Superman and Safari_ ni_Safari.
     
  8. Mwanamayu

    Mwanamayu JF-Expert Member

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    Huu ni mziki mzito wa Chenge akiwemo mzee Mwinyi aka Ruksa. SFO lini walim-clear Chenge, ni TAKUKURU tu ambao waliwa-clear na Richmond.
     
  9. Sokomoko

    Sokomoko JF-Expert Member

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    Kwanini hii isitumwe kwa dg wa takukuru kama kuna mtu ana e mail yao maana si wamesema mwenye kujua wala rushwa awasilishe kwao?
     
  10. Superman

    Superman JF-Expert Member

    #10
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    Tanzania Kumekucha!


     
  11. Baba_Enock

    Baba_Enock JF-Expert Member

    #11
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    Nimearibu kuiweka vizuri:
    ========================================================================================
    Tanzania:
    In the course of investigating BAE's offshore arrangements relating to payments involving Saudi Arabian figures, the SFO came across other payments including in relation to Tanzania.1 The SFO established that BAE Systems had secretly paid $12 million commission to Sailesh Vithlani, its agent in Tanzania, via a Swiss bank account, representing 30% of a deal sealed in 1999 to sell a military radar system to Tanzania. The actual price of the military radar according to the investigation was $12 million but Tanzania paid $40 million, with the extra $28 million allegedly paid to government officials and individuals.


    The radar was controversial because the World Bank and the IMF as well as the UK's Department for International Development and Foreign Office believed that Tanzania did not need military radar which was to be used primarily for civilian purposes given Tanzania's very limited air force capacity. A civilian system could have cost as little as £3-5 million. The SFO in the course of its investigations found "reasonable grounds" to believe that the financing package for the deal "was structured to circumvent, and in reality may have breached" requirements agreed with the World Bank and IMF.


    The agent:
    In January 2006 Vithlani, who has a British passport, admitted that he had acted as BAE's agent on the deal. Vithlani's business partner, Tanil Somaiya, stated that BAE had maintained two parallel agency agreements, an official one which paid 1% commission which went via a Tanzanian registered firm, Merlin International Ltd, and an unofficial one administered via BAE's offshore entity, Red Diamond, which put $12 million in a Swiss bank account in the name of Envers Trading Corporation, registered in Panama, and which was under the personal control of Sailesh Vithlani.

    According to a leaked SFO supplemental request for mutual legal assistance from the Tanzanian attorney general from March 2008, BAE through Red Diamond, which is registered in the British Virgin Island, entered into an agreement with Envers Trading Corporation. Envers acted as BAE's consultant in Tanzania. The power of attorney over Envers was held by Tanil Somaiya and Shailesh Vithlani, and the Corporation operated from the address associated with Merlin International Ltd. Payments was made between January 2000 and April 2005 of over $8 million.

    The agreement between Red Diamond and Envers was terminated in December 2005 with a settlement payment of $3.3 million. According to the SFO document "Vithlani was neither a technical nor commercial specialist", his role was "apparently nominal" and the SFO's investigation "has good grounds now to believe it was generally known that Vithlani's role involved making payments to Tanzanian public officials in positions of influence in the Radar contract negotiations". Vithlani was referred to in BAE internal correspondence variously as "our friend" and "the fat man".

    Recipients:
    Key figures in Tanzania who were alleged to have received bribes from BAE via Envers include Andrew Chenge, Attorney General of Tanzania between 1995 and 2006. Chenge was required to approve the financing package backed by Barclays Bank for the radar deal before it could go ahead. The SFO investigation uncovered that Chenge controlled a company in Jersey called Franton Investments Limited, through which he received $1.5 million. This money appears to have come via Barclays bank in Frankfurt, and ultimately may have come from a bank in Liechtenstein.

    Chenge's agreement was also needed to ensure that English Law and arbitration would apply in the event of civil dispute. In September 1999 Vithlani wrote to Barclays bank enclosing the final draft of the financing package and a legal opinion from Chenge that the new arrangements would not be subject to suit in Tanzania, that English law would prevail and that the arrangements would not cause Tanzania to become ineligible for funds from the IMF or other multinational agencies. The SFO letter states that it concludes "that there are reasonable grounds to believe that in taking this stance, Chenge was putting the economic interests of Tanzania at risk".

    Chenge's financial advisors were aware that "if Mr C's government were to be made aware of these assets in London, they may confiscate them". Chenge is alleged to have breached Tanzanian law, in particular the Public Leadership Code of Ethics Act 1995 in not disclosing his assets in Jersey.

    Another person alleged to have received funds from BAE is Dr Idris Rashidi who was governor of the bank of Tanzania between 1993 and 1998, and was according to the SFO document "a key figure in the negotiation of the financing of the radar without which there would have been no contract". Rashidi was paid $600,000 from Chenge's Franton account. Both are thought to have had acted with the full backing of top government officials at the time.


    Chenge resigned as Ministry for Infrastructure Development in April 2008 shortly after the Mutual Legal Assistance request laying out the SFO's discovery about his bank accounts was sent.
    The SFO request also stated that it was investigating the affairs of BAE Systems, Michael Peter Rouse (Director of Marketing at BAE from 2002), Sir Richard Harry Evans (former BAE chairman), Michael John Turner (former chief executive of BAE), and Julia Aldridge (Deputy Head of Marketing at BAE).


    1 The Guardian Tanzania, "Moment of Shame", 7/2/10
    2 BAE's secret $12m payout in African deal | World news | The Guardian

    ======================================================================================================
     
  12. BigTime

    BigTime Member

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    Hawa CCM wameshatufanya siye watanzania mabozozo kabisa...au hawaelewi kilichoandikwa humo...(english nayo ni mgogoro kwa viongozi wetu)...ama kweli, kwa uchafu huu hasafishiki. I hate this government, hating it to death.:A S angry:
     
  13. Baba_Enock

    Baba_Enock JF-Expert Member

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    :whoo:
     
  14. Superman

    Superman JF-Expert Member

    #14
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    Ngoja tuendelee kuchimba . . . . Mpaka kieleweke. Hebu kamateni na hii:


    Source: III ANCORAGE-NET MEETING: Protecting Aid Funds in Unstable Governance Environments

    Towards an Integrated Strategy

    7.0 A personal note

    I have not just observed these issues from a distance, I have been actively involved in exposing them. My efforts in this respect usually produce quick responses from both donor and recipient, which is better than being ignored.

    One newspaper article that I signed appeared in the East African in 2003. As a result, the former Attorney General Andrew Chenge brought a suit against the Nation Media Group, the East African newspaper published in Nairobi andmyself claiming that my article published on described him as ‘corrupt'.

    Unfortunately (or fortunately) the case was never heard, but it had the desired effect of keeping me quiet on that particular topic. Mr Chenge was subsequently forced to resign on suspicion of taking a USD one million bribe in relation to the infamous BEA radar deal, mentioned above, which involved a 30 percent bribe on a USD 40 million contract. BAE subsequently plea-bargained their way out of a criminal prosecution, and the half-hearted Tanzanian investigation of the case stalled, leaving Mr Chenge, who is hairman of the Ethics Committee of the ruling CCM party, a free man.

    My main problem with the Tanzanian government has not been that that I have talked about large-scale corruption--after all, many other commentators have done that--but that I have linked corruption to the misuse of aid. Since the Tanzanian state is careful to portray the image that it ‘makes good use of foreign aid', it is very sensitive to criticisms claiming that aid is misused. A case in point is reported in Textbox 7.
     
  15. Jatropha

    Jatropha JF-Expert Member

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    "that there are reasonable grounds to believe that in taking this stance, Chenge was putting the economic interests of Tanzania at risk".MOJA KWA MOJA HAYA NI MATUMIZ MABAYA YA MADARAKA, HIVYO HAFAIA HATA KUPEWA UJUMBE WA NYUMBA KUMI ACHILIA MBALI USPIKA. MIMI NASHAURI WATANZANIA WAZALENDO TUITISHE MAANDAMANO YA MANI KUIPINGA TAKUKURU, VYAMA VYA SIASA, ASASI ZA KIRAIA N.K TAFADHALIMI RATIBUNI MAANDAMANO HAYA ILI WATANZAN IA TUONYESHA NGUVU YAUMMA KUWA HATUWATAKI MAFISADI.
     
  16. Sokomoko

    Sokomoko JF-Expert Member

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    Mikakati ilishapangwa.......
     

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  17. Msanii

    Msanii JF-Expert Member

    #17
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    kwanza nani amemruhusu HOSEA kuzungumzia ishu za SFO?? hapa nchini kuna kitengo kinaitwa FIU (Financial Intelligent Unit) ambacho kipo kisheria na ndo haswaa wanapaswa kufuatilia hii kadhia.
    Hawana mkurugenzi wa kuzungumzia hii kitu?? hawa PCCB wanatupotezea muda wangeendelea na kesi za akina mwakalebela kwani hawana ujanja na ishu za kimataifa ndo maana wanasubiri wapewe taarifa badala ya kufuatilia.
     
  18. Jatropha

    Jatropha JF-Expert Member

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    JAMANI TUAMBIANE SI WATU WOTE WANAFAHAMU KUWA SERIKALI YA TANZANIA ILIKOPA ILI KULIPIA RADA HIYO BOMU NA KUMUWEZESHA MZEE WA VIJISENTI KUPATA DOLA MILIONI 12 KAMA HONGO YA KUGAWANA NA VIONGOZI MBALI MBALI WA SERIKALI YA TANZANIA. WATANZANIA WOTE TUNALAZIMIKA KULIPA DENI HILO MPAKA LEO, NDIO HALI YA MAISHA NI NGUMU SANA, MFUMUKO WA BEI UKO JUU KWA KUWA KIDOGO KIINACHOPATIKANA NI LAZIMA KIKALIPE DENI HILO.

    HALAFU HUYO NGURUWE WA BARIADI ANATUTAMBIA KUITA FEDHA ALIZOIBA VIJISENTI, MARA NI FEDHA ZA NGO N.K USHAIDI HUU HAPA CHINI


    BAE's secret $12m payout in African deal

    Middleman reveals covert cash for 'unnecessary' Tanzanian radar sale




    The UK's biggest arms supplier secretly paid a $12m commission into a Swiss account in a deal which led to Tanzania, one of the world's poorest countries, buying a controversial military radar system.


    A Tanzanian middleman, who has a long-standing relationship with military and government figures, has admitted that the sum was covertly moved to a Swiss account by BAE Systems, which is under investigation by the Serious Fraud Office.


    The back-door payment represented 30% of the contract value. The east African state had to borrow to finance the deal, which critics said was unnecessary and overpriced.


    Tony Blair supported the 2002 sale but former cabinet minister Clare Short says she and the chancellor, Gordon Brown, opposed it.


    The SFO, which was recently forced to abandon its investigation into commissions paid on a massive arms contract with Saudi Arabia, is now focusing its attention on Tanzania.


    Yesterday's admissions by the Tanzanian middleman, Sailesh Vithlani, led Ms Short to call for BAE's prosecution if the allegations were proved. She said the prime minister had been personally responsible for forcing the licence for the Tanzania deal through the cabinet.


    "No 10 insisted on letting this go ahead, when it stank," she said. "It was always obvious that this useless project was corrupt."


    In Dar es Salaam, Mr Vithlani's business partner, Tanil Somaiya, told the Guardian that British police had already flown out to trace and interview both men as potential witnesses.


    He said BAE had made two parallel arrangements with the middlemen. In the first, a conventional agency agreement was signed. Under this, 1% commission was to be paid if the $40m radar deal went through, to a Tanzania-registered firm, Merlin International Ltd.


    Mr Vithlani was the majority shareholder in Merlin, Mr Somaiya said, while he had a small token interest himself. BAE paid $400,000 down this route in stage payments, Mr Somaiya said, as the radar equipment was delivered.
    But under a second, more unusual agreement, BAE's secretly owned offshore company Red Diamond deposited another $12m, representing 30% of the contract price, in Switzerland. That money was under the personal control of Mr Vithlani, Mr Somaiya said, and this had been admitted to UK police.


    When asked about the BAE money, Mr Vithlani told the Guardian he had made no disbursements from the Swiss cash to public officials "in Tanzania". Asked if he had disbursed any of the $12m to third parties outside of Tanzania, he declined to comment. "When the UK police travelled to Tanzania, we met them at their request and answered all their questions," he said.


    Mr Vithlani acted as agent not only on the radar deal but also in the 2002 purchase from the US of a top-of-the-range Gulfstream official jet for the then Tanzanian president, Benjamin Mkapa, at a cost of more than $40m.
    When asked if he would allow British police to inspect all the transactions on his Swiss account, he declined to comment.


    In the secretive world of international arms deals, a commission of 1% to local agents would generally be regarded as legitimate. The government's export credit agency, the Export Credits Guarantee Department, has guidelines under which a "commission" of more than 5-10% is automatically regarded as questionable.


    BAE System's payment of as much as 30%, coupled with the use of a Swiss bank account and apparent double sets of agency agreements, would normally arouse suspicions of possible bribery, investigators say.


    Police sources in Tanzania said the agreement to use Mr Vithlani as an agent had been signed off by the then chairman of BAE, Sir Dick Evans.


    Sir Dick, who has been at the centre of many of the arms deals under investigation, has already been interviewed by the Serious Fraud Office during their two-year inquiry.


    BAE Systems were yesterday asked why they had made a 30% payment to Mr Vithlani's Swiss account. The company refused to answer, saying: "We will not be commenting on any point of substance. This cannot of course be taken as any kind of admission."


    The SFO also refused to discuss their investigation. The president of Tanzania, Jakaya Kikwete, is due in London today to speak at a meeting with Hilary Benn, the international development secretary, on efforts to overcome corruption in Tanzania.
    Later this week, the UK is expected to have to defend its actions over BAE at a meeting of the anti-bribery group of the OECD in Paris.


    Norman Lamb, a Liberal Democrat frontbencher and critic of the deal, said: "It was obvious at the time that this deal did not stack up, but Blair still forced it through, against the better judgment of his colleagues. It was not as if he was not warned at the time."
     
  19. Msanii

    Msanii JF-Expert Member

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    Kwa mtazamo wangu. serikali ya sisiemu kumruhusu Chenge kutrigger utetezi dhidi yake wamefanya kosa la karne kwani kwa mtazamo wangu kutaibuka kashfa za kufa mtu ambazo hazikuwahi kusikika kabla. maumivu ni kwamba the fall is big this time
     
  20. Superman

    Superman JF-Expert Member

    #20
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    Duh! Hii ndiyo kali kweli: Poleni Watanzania.


    Source: Legal and Human Rights Centre Tanzania Human Rights Report 2008: Progress through Human Rights

    Mr. Andrew Chenge was the Attorney General of Tanzania in the period 1995 to 2006. By virtue of his position, Mr. Chenge became directly involved in a number of aspects of the contract negotiations with BAE, most notably the financing of the purchase. In 2008, it came to light that between 19 June 1997 and 17 April 1998, a company controlled by Mr. Chenge, Franton Investments Limited, had over $1.5 million (USD) deposited into a Barclay's Bank account held in the company's name. On 20 September 1999, Mr. Chenge authorized the transfer of £600,000 from this account to the Royal Bank of Scotland International. It is Mr. Chenge's assertion that the original sources of these funds were "professional earnings" and "family savings/ inheritance." There is suspicion that Mr. Chenge received these funds as a pay off from BAE.

    The British Serious Fraud Office (SFO) has investigated Mr. Chenge. They have found that his statements on financial status are incomplete and, potentially, contradictory. The SFO suspects that the statements relating to the sources of his money are false and that these "funds represent bribes taken by Chenge for his own benefit and to be distributed to others." The SFO has requested that the Tanzania government provide it with relevant information about Mr. Chenge and others that are held under the Public Leadership Code of Ethics Act, 1995.990 The SFO said that Mr. Chenge has not disclosed assets held in Jersey on the appropriate register as that law requires.991 The investigation was ongoing as of December 2008.
     
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