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Best practice & Ethics

OECD critical of decision to drop SFO BAE inquiry

 

The Organisation for Economic Co-operation and Development (OECD) has raised “serious concerns” about the decision of the UK government to drop a Serious Fraud Office (SFO) investigation into alleged bribery by arms manufacturer BAE Systems.

 

The SFO was probing allegations BAE used slush funds in obtaining an arms contract with Saudi Arabia, but the inquiry was abandoned as a result of political pressure. The OECD working group on bribery said it was examining whether this decision was consistent with the OECD anti-bribery convention.

 

It will discuss the issue further in March. The prime minister, Tony Blair, has come under pressure to reverse the decision. Lobbying groups, Campaign Against the Arms Trade and The Corner House have mounted a legal challenge while over 140 UK and international non-governmental organisations wrote to Blair urging the government to reconsider reopening the case.

 

Meanwhile, the attorney general Lord Goldsmith revealed that the government was, as early as December 2005, placing pressure on Robert Wardle, director of the SFO, to drop the investigation into BAE Systems.

 

Answering parliamentary questions, Goldsmith said the prime minister and then foreign and defence secretaries had raised concerns with him about the public interest considerations of the investigation, which he had then relayed to the SFO. However, Goldsmith stressed, no minister, apart from him and the solicitor-general, ever made direct contact with the regulator and the decision to drop the probe was made solely by the SFO.

 

Writing in the Financial Times (22 January), Michael Peel argued the UK has set a potentially self-destructive precedent by so publicly caving into diplomatic blackmail. Furthermore, said Peel, the problem of international credibility has commercial implications, and pension fund Hermes has warned the abrupt closure of the BAE investigation threatens the country’s standing as a leading financial centre. 

 

Links

Organisation for Economic Co-operation and Development

Serious Fraud Office

BAE Systems

OECD Working Group on Bribery

OECD Anti-bribery Convention

Campaign Against the Arms Trade

The Corner House
NGO Letter to Prime Minister

Written Parliamentary Answers

Financial Times

 

February, 2007

   

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