u k r o b o r o npr o m . s c he m es - nako · 2019. 9. 10. · state concern “ukroboronprom”...
TRANSCRIPT
Ukroboronprom. Schemes. Numerous journalistic investigations into corruption risks within Ukraine’s Military Industry State Concern “Ukroboronprom” (henceforth UOP) have exposed the existence of numerous systemic problems which facilitate the ineffective use, and possible misappropriation, of State budgetary funds particularly, the funds of State-owned enterprises (SOE) belonging to UOP.
This paper describes six basic schemes which indicate the possible involvement of unscrupulous high UOP officials as well as its enterprises. Each scheme appears designed to promote unlawful enrichment. The mechanics of each scheme are depicted by open-source information. The data presented in this research has already been studied and systematized by analysts of the Independent Defence Anti-Corruption Committee (hereinafter “NAKO”). What is novel about this report is that it contains several recommendations aimed at minimizing the corruption potential.
This study will be useful to UOP’s high-level management, decision-makers within the security and defence sector, as well as think-tanks and NGOs dedicated to reforming the security and defence sector in line with Euro-Atlantic standards. NAKO invites governmental and non-governmental organisations to cooperate in this process of change-making.
Scheme 1. Misappropriation of Surplus Assets
Prior to the establishment of Ukroboronprom in December 2010, the Ministry of Defence used to manage most of Ukraine’s defence enterprises. Those enterprises mostly carried out repairs, and maintenance, of military equipment for the Armed Forces of Ukraine. Accordingly, a large number of the MoD’s non-operational equipment, spare parts and components were stockpiled in the warehouses of state enterprises.
The commencement of military activity in the East of Ukraine, necessitated the simultaneous overhaul, repair and delivery of a large number of armaments and military equipment by the MoD. At the same time, the fact that plenty of spare parts for repairs were either no longer produced or were produced in Russia became a serious challenge.
Importantly, the MoD’s warehouses and surplus assets are sources able to supply such Soviet-made spare parts. And this is where the state enterprises’ corrupt personnel may take advantage of the situation.
For example, the National anti-corruption bureau of Ukraine has opened a criminal proceeding, which is added to the Unified Register of Pre-Trial Investigations by №52016000000000063 as of 02.03.2016 . 1
The proceeding materials refer to a state-owned enterprise (SOE) Kharkiv Armored Vehicle Plant signing a contract with Optymumspetsdetal Ltd on 28.10.2015. It contained an agreement on supplying 12 of r scopes at a total cost of UAH 12 526 800.
1 http://bit.ly/2Ye13jl (Court’s decision, Proceeding №1-кс/760/10951/18)
1
As it was repeatedly noted in journalistic investigations, Optymumspetsdetal Ltd is not a component parts manufacturer and the company itself has signs of fictitiousness. According to NABU case file, tax invoices refer to receiving 5 of such range finding scopes from 2
Intertechnology Ltd, which got them with a help of Guard Community Ltd and Build Community Ltd. Separately worth noting that the last two companies are not manufacturers of such equipment either.
After examining the statement on Optymumspetsdetal’s transactions, it became clear that money received from Kharkiv Armored Vehicle Plant had been further transferred to the other companies, such as Grandi Plus Ltd, Inter Technology Ltd, Build Community Ltd, TIK Enerhiia Ltd, ST Middle Ltd, Sheriff Comfort Ltd, Molgrant Ltd, Brom Force Ltd, Interbuild Community Ltd, Global Trade Company Ltd, Acrotus-system Ltd, Interbuild Community Ltd and the others 3
.
As for today, MoD is conducting an audit within the enterprises with such surplus assets. Meeting of Interim investigative commission of the Verkhovna Rada of Ukraine for investigating the embezzlement within the Armed Forces of Ukraine over the period 2004-2017 took place on March 14, 2019. During that meeting the representatives of MoD have reported on their findings regarding lack of state’s surplus assets stockpiled in Kharkiv Armored Vehicle Plant at a total cost of UAH 19,5 mln . Worth noting that such a cost does not reflect the real 4
market value of the lost assets - only a residual book value, which, inflation-adjusted, may be from 10 to 100 times lower its market value.
At this point in time, the MoD is conducting the audits regarding embezzlement of surplus assets not only within Kharkiv Armored Vehicle Plant, but also within all the others state-owned enterprises. As of March 2019, the amount of shortfall is greater than UAH 45 mln . 5
Overall, according to the investigative documents, the scheme of surplus assets misappropriation looks the next way:
2 http://bit.ly/2Ofbf6k (NABU Civil Oversight Council, “NABU Criminal proceeding on Ukroboronprom enterprises: details of the episodes and timeline of the investigation from 2016”, 14.03.2019) 3 http://bit.ly/2Ye13jl (Court’s decision, Proceeding №1-кс/760/10951/18) 4 http://bit.ly/2YdONiI (Meeting of Interim investigative commission of the Verkhovna Rada 14.03.2019) 5 http://bit.ly/2YdONiI (Meeting of Interim investigative commission of the Verkhovna Rada 14.03.2019)
2
The investigation is underway.
NAKO recommends to:
1. 2. Introduce operating procedures for MoD’s surplus assets while fulfilling the State
Defence Order contracts. 3. Finish the process of inventory accounting of surplus assets, take a re-assessment of
its residual value, introduce a computerized accounting system for MoD’s surplus assets.
4. Sign contracts of safe custody between MoD and the UOP’s enterprises. 5. Ensure making an annual MoD asset inventory in the future and determine the
responsibility in case of its failure. 6. Conduct internal investigations (within MoD and UOP’s enterprises) if an annual asset
inventory fails and then bring the perpetrators to justice.
3
Scheme 2. An Export and an import
Offshore conduit companies may be used in the course of export or import operations. Such schemes allows to set unreasonably high ultimate price of the contract and move the profit in the intruder’s favor.
As an example, according to the documents, published by Serhii Leshchenko , People’s Deputy 6
of Ukraine, a Serbian company Sloboda decided to buy Ukrainian-made blasting caps (manufacturer: Public Utility Enterprise (PEU) Shostka Treasury Factory "Impuls", a part of Ukroboronprom)
PEU Shostka Treasury Factory “Impuls” is not a subject of economic entity and has no right to export the defence production . Therefore, it delegates executing such export operations to 7
State Enterprise ‘Ukrinmash’
Ukrinmash, for its part, sells the Impuls production to a Cyprus company PH Strategic Business Limited for EUR 94 980,30.
PH Strategic Business Limited resells the blasting caps to an end-user - Serbian Sloboda - at a cost of EUR 689 901.
Therefore, almost EUR 600 000 could have be moved out through such scheme.
For the facts stated above, NABU has commenced a criminal investigation (Unified Register of Pre-Trial Investigations, № 52018000000000385, 17.04.2018) . 8
The investigation is underway.
The figure below shows a possible corruption scheme:
6 http://bit.ly/2Hy0DyZ (Ukrayinska Pravda. Blogs. S. Leshchenko “Military contracts corruption - in front of Poroshenko and the whole country”, July 4, 2018) 7 Order of the Cabinet of Ministers of Ukraine №1228 “On providing economic entities the right of export and import military goods and goods containing information that constitutes state secrets ” as of July 12, 1999. 8 http://bit.ly/2Tj59TD (Court’s decision, Proceeding № 1-кс/760/12796/18)
4
Additional information: this scheme may be used in a reverse order as the special exporters make an overpriced
purchase not directly from manufacturers, but from intermediary companies located in offshore areas. Media has already reported on the details of such a deal, whereby the overpay on four SUVs to the intermediary stands at more than UAH 1 mln . 9
We are aware of the fact that sometimes the corrupt foreign governments or companies may demand to supply products through mediators while exporting from Ukraine (in case of them being a beneficial owners of the scheme), yet the practices of signing the deals with offshore companies creates corruption risks and significantly undermines the reputation of Ukrainian suppliers within international arms market.
NAKO recommends to:
1. Improve the mechanisms of marketing and price setting on the export products in order to maximize the earnings of manufacturers.
2. Іntroducing internal and external control policies over the activities of the spetsexporter. Import and export operations must be controlled so as to minimize the risk of entering into contractual obligations with corrupt or dubious offshore companies.
9 http://bit.ly/2upFrm5 (A. Dubynsky “How to “cut” a million out of defence budget”, 18.05.2017)
5
Scheme 3. The Grey mport
The Bihus.Info investigation puts a finger on another potential corruption scheme within supplies of components for SOE Ukrspetsexport . The matter is a procurement of altimeters, 10
which were smuggled from Russia through offshore company, registered in the United Arab Emirates.
According to materials which were published by the investigative journalists, the altimeters have been procured from an unknown Russian supplier through the company called Double Power FZE and registered in the UAE. Later on the documents have been forged in order to change the commodity classification to a civilian helicopter (probably for the purpose of bypassing the UAE export control system) and then re-sold to supposed shell company in Ukraine - AN-Service Ltd. This company has then sold the altimeters to State-owned "Ukrspetsexport. That said, the cost of the equipment, according to the materials published by journalists, increased from USD 84 000 to USD 578 000.
Worth noting that the Register of Pre-Trial Investigations has no record of such a case.
This corruption scheme is shown in a figure below:
We are aware that in the context of confrontation with Russia a need for components or technologies from aggressor-country may occur, yet it shall not be an excuse for building up corruption schemes based on smuggle.
10 http://bit.ly/2CuRZNN (Nashi Hroshi. “ARMY! FRIENDS! MONEY! p.3 “Highs and kickbacks”, 04.03.2019)
6
The international practices show that such operations may be conducted by the governments of different countries, with the involvement of special and intelligence state authorities.
Intelligence services of Ukraine have rights to procure and import means of weaponry, material and technical, technology-specific and the other means, as well as firearms, ammunition of both local and foreign production for the means of their own needs and also in case of transfer and export it out of Ukraine in the order determined by the Cabinet of Ministers of Ukraine . 11
NAKO recommends to:
1. Oblige the Ukroboronprom enterprises to verify the suppliers. 2. Oblige the Ukroboronprom enterprises to check the production background and the
manufacturer’s certificate. 3. The government of Ukraine to consider a possibility of using the alternative sources of
obtaining Soviet pieces of weaponry and military equipment (for example the countries of Warsaw Pact that still use Soviet models of weaponry).
4. Improving the appropriate special services of Ukraine in caseis a need to purchase components from an aggressor-country in order to provide the needs of defence of Ukraine.
Scheme 4. Contraband
Another scheme that could be used by the intruders is an illegal trafficing of defence goods and components across the border of Ukraine with a further legalization and re-selling of it to the defence enterprises.
In particular, case files № 758/10298/15-к point a finger at the likelihood of such a scheme. 12
The materials refer to Promelectronic Ltd selling Russian-made electronic components during 2014-2015. The components were smuggled and then sold to the UOP’s enterprises. A total contact value makes up of UAH 40 mln. The revenue earned have been presumably moved out via supposed shell companies.
The corruption scheme is shown in a figure below:
11 art.15 Law of Ukraine “On Intelligence Bodies of Ukraine”. 12 http://bit.ly/2uhugMu (Court’s decision, Case № 758/10298/15-к)
7
Also the Bihus.Info investigation points a finger on the same scheme of reselling smuggled 13
goods (Optymumspetsdetal Ltd), but there has been no court decision so far which could point out the resale of illegally obtained defence goods from Russia. However, the public statements made by General Prosecutor of Ukraine confirm the assumptions regarding smuggling the 14
components for military equipment to Ukraine.
NAKO recommends to:
1. 2. Improve the procedure of verification of products origin and certificates from the
manufacturer by UOP enterprises. 3. The government of Ukraine to consider a possibility of using the alternative sources of
obtaining Soviet pieces of weaponry and military equipment (for example the countries of Warsaw Pact that still use Soviet models of weaponry).
4.
13 http://bit.ly/2Hwhe6x (Nashi Hroshi, “President’s friends steal on defence sector (secret correspondence, p.1-2)”, №257-258, 2019.02.25) 14 http://bit.ly/2ukukuT (ZIK, “Defence components smuggled from Russia: Lutsenko stated the ways have been cut”, 13.03.2019)
8
Scheme 5. Collusion between participants of the procurements and overpricing
The Investigation Division of Ukraine in Lviv oblast investigates the case of misappropriation 15
within SOE Lviv State Aircraft Repair Plant at a total cost of more than UAH 15,3 mln while procuring an aircraft repairment.
As the investigation progresses, it was revealed that the staff of Avia Max Ltd has created numerous structures under their supervision in Kyiv and Vinnytsia (Tech-Partner Ltd, Tanhazh Ltd, Falcon-Avia Ltd, Spetsaviaservice Ltd, Antey-Service Ltd, ServiceAvia Ltd) and colluded with the staff of State-owned aircraft enterprises (Mykolaiv Repair Plant "NARP", Chuhuiiv Repair Plant, Odesa Aviation Factory, Lviv State Aircraft Repair Plant, Kyiv Aircraft Repair Plant 410). Together they have organized the shipment of aviation units and the components of decommissioned aircrafts under the guise of 1st category production . 16
Separately worth noting that Tanhazh Ltd, Tech-Partner Ltd, AviaMax Ltd, Falcon Avia Ltd and Spetsaviaservice Ltd may be connected to each other. Such connection is indicated by the fact that they have the same IP-addresses used during tender process . In addition, all of them 17
show signs of fictitiousness and highly likely may be the conversion centers, which has been identified during the course ofof the investigation (criminal proceedings №757/40538/16-к, 761/42734/16-к, 759/12503/15-к, 759/11125/15-к, 759/15238/15-к) . 18
The figure below demonstrates the potential connections between mentioned economic entities:
Also, pre-trial investigation case-files refer to a significant overprice of purchased components. For example, in 2015 SOE LDRAZ has purchased from Tanhazh Ltd at a total cost of UAH 113 333, 36. Worth noting that the same year but in May the factory had purchased the same detail from Tanhazh Ltd at a cost of UAH 14 166,67, and in August 2015 the Avia Max price was UAH 14 165 . 19
15 http://bit.ly/2UOj3hZ (WestNews, “Defence plundering: what schemes feature Lviv Aircraft Plant”, 07.03.2019) 16 http://bit.ly/2Tj3Cgc (Court’s decision, case №127/4733/19) 17 http://bit.ly/2CvftSE (Court’s decision, Proceeding №1- кс/760/2766/18) 18 Criminal proceeding №52017000000000448, added to URPI on: 03.07.2017, 10:00:26 19 http://bit.ly/2CvftSE (Court’s decision, Proceeding №1- кс/760/2766/18)
9
Simultaneously, the product of the above said nomenclature has been procured by SOE LDRAZ from Unitech Ltd (the manufacturer) at a cost of UAH 1 335,59 per one . Therefore the price, 20
compared with the analogous one a year before, has been raised by almost 85 (!) times.
Signing contracts with the supposed shell companies became possible as a result of lack of civil oversight over the open procurements by the UOP’s enterprises.
Most of the UOP’s enterprises are not the contractors in the understanding of the Law of Ukraine “On public procurements”, hence they are not obliged to use ProZorro system for their own procurements.
Instead the UOP’s enterprises use electronic trading platform for commercial procurements “Smarttender.biz”. All the procurements made through this platform are open, although as the tender ends, the results are “archived”, and thereby become become unavailable for public.
Thus, while using the open sources it is impossible to establish the winning bidder and the ultimate price of procurement. It essentially narrows down the potentialities of civil oversight and creates significant corruption risks.
NAKO recommends to:
1. Obliging the UOP to openly procure (if it is not a state secret) using ProZorro system. A letter from NAKO containing appropriate recommendations has been sent to the UOP’s high management on 11.02.2019
2. Oblige the Ukroboronprom enterprises to verify the suppliers. 3. Oblige the Ukroboronprom enterprises to check the production background and the
manufacturer’s certificate.
20 http://bit.ly/2CvftSE (Court’s decision, Proceeding №1- кс/760/2766/18)
10
Scheme 6. Exporting Arms with a Conflict of Interest On December 28, 2010 a Decree on the Creation of the State Concern Ukroboronprom was signed by the ex-President of Ukraine, Viktor Yanukovych 21
. An article on corruption risks in the export of Ukrainian weaponry has been published in less than a month since the UOP's establishment . The specified materials 22
feature the first Director-General of the UOP, Dmytro Salamatin. Only in 2019 the Prosecutor General of Ukraine has served a notice of suspicion to Salamatin regarding his participation in Yanukovych's criminal organization, misappropriation of funds in a particularly large amount via power abuse and also state treason in the interests of Russia. A total amount of losses on his failure to sign the contracts on supplying weaponry and military equipment to Republic of Iraq is estimated as USD 560 mln . 23
In NAKO’s opinion, one of the root causes for corruption risks emergence in the area of weaponry export/import (as for the UOP's enterprises and the ones that are not a part of it) is in the conflict of interest in decision-making regarding export of defence goods and dual-use goods. The UOP is entitled with the regulatory functions that the other economic entities do not have. For example, regarding the approval of market outlets marketing with the UOP and the regulation of prices on defence production and dual-use goods . 24
It is worth noting that SOE Ukrspetsexport (the head of which was Salamatin in 2010-2011 ) 25
and the UOP used to have much more influence in policy formation in the area of export control. In opposite to the Law of Ukraine “On State Control for International Transfer of Military and Dual-Use Goods” not only the fact of export/import licensing but also the details of agreement (a price, for example) depend on approval of the UOP. The norms which used to create such conflict of interest, have been repealed only in August, 2018 . NAKO welcomes 26
21 http://bit.ly/2JtyLhp (Cabinet of Ministers Decree №1221 “On creation of State Concern “Ukroboronprom” as of 29.12.2010) 22 http://bit.ly/2TOwL86 (Ukrayinska Pravda, M.Nayem. “Ukrspetsexport: establishing the hierarchy”, 20.01.2011) 23 http://bit.ly/2OjNKZQ (Radio Svoboda, “GPO has given a notice of suspicion to the ex-minister of defence of Yanukovych era, 14.01.2019) 24 Point 2, Cabinet of Ministers Decree №1228 “On providing economic entities the right of export and import military goods and goods containing information that constitutes state secrets” as of July 12, 1999 25 http://bit.ly/2Wf0rYY (Wikipedia, Ukrspetsexport) 26 Cabinet of Ministers Decree №805 “On Amendments to Cabinet of Ministers’ decrees as of May 8, 1998 № 838 and as of July 12, 1999 № 1228” as of August 29, 2018.
11
such move of the government, however even as for today the UOP has an opportunity to intrude the pricing policy of Ukrainian exporters of military and dual-use goods. 27
NAKO recommends to:
1. Completely exclude the UOP out of the process of decision-making regarding import/export of defence goods. The government must provide equal environment to every market player (both state-owned and private).
1. Change the procedure of appointment of the UOP’s Director General and the directors of the UOP enterprises. Their election should be based on the results of open competitions conducted according to well-defined procedures and clear selection criteria.
27 Point 2, Cabinet of Ministers Decree №1228 “On providing economic entities the right of export and import military goods and goods containing information that constitutes state secrets” as of July 12, 1999
12