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BAE SYSTEMS SCANDAL
Lisa Hering
Cardinal Stritch University
Introduction to Business Ethics ASB160
October 23, 2013

BAE Systems Bribery Scandal
BAE Systems, how did they end up in such a scandal? BAE was almost like the “The Great OZ,” the man behind the curtain so to speak. BAE wanted a contract between them and the Saudi Arabian officials to build fighter planes called Panavia Tornado IDS Fighter Planes.
What is a Panavia Tornado IDS Fighter Plane?
This multirole aircraft is equipped with an advanced sensor and defensive aids suite for low-level, deep penetration missions in all weathers by and by night. The aircraft is fitted with two 25mm cannons on each side of the fuselage. The aircraft is equipped with a wide range of weapons. For close air support and interdiction, the aircraft is typically equipped with iron bombs, cluster bombs and laser-guided bombs. In the defense suppression role, it is equipped with anti-radar missiles. Tornado has a multimode APFD (Autopilot and Flight Director) from BAE Systems. The aircraft's TACAN (Tactical Air Navigation) system is the AD2770 from BAE Systems or the Alcatel SEL AG Sector-TACAN. The instrument landing system is the Cossor.CILS75/76. (2012, Aireforce-Technology, Net Resources International, http://www.airforce-technology.com/projects/tornado/)
In September 2006, a contract for BAE Systems awarded to upgrade 80 Tornado fighters of the Saudi Arabian Air Force. The program involved advances in systems, stealth technology, and avionics. A digital avionics bus links the new systems and fully integrates the aircraft's improved defensive aids suite. The weapons bus is configured to control the release of a wide range of weapons and can adapt for future weapon types through the system's missile control and weapon programming units. The GR 4 is equipped with forward-looking infrared (FLIR). The thermal image is projected onto the pilot's head-up and head-down displays. The GR 4 cleared to carry enhanced Paveway II bombs, with GPS/INS (global positioning system / inertial navigation system) guidance. A contract awarded to Raytheon to integrate Paveway IV on the Tornado in February 2008, which completed in July 2009. (2012, Aireforce-Technology, Net Resources International, http://www.airforce-technology.com/projects/tornado/)
The aircraft armed with the Brimstone anti-armor missile system, which entered service with initial operational capability (IOC) on the GR.Mk4 aircraft in March 2005, and Storm Shadow cruise missiles, which entered initial operational service on the Tornado aircraft in March 2003, in support of Operation Iraqi Freedom. The GR4 can also deploy the Goodrich Raptor reconnaissance pod which replaces the current Thales Optronics (Vinten) VICON system. Raptor consists of the DB-110 reconnaissance system with CCD day sensor and mid-wave indium infrared sensor. Upgraded navigation systems, including a global positioning system (GPS), BAE Systems Terprom digital terrain mapping system and Honeywell H-764G laser inertial navigation system (INS), integrated into the aircraft's main avionics system. (2012, Aireforce-Technology, Net Resources International, http://www.airforce-technology.com/projects/tornado/)
The GR 4 is fitted with a pilot's head-up display, multifunction head-down display and a digital map. The BAE Systems TIALD (Thermal Imaging Laser Designator Pod), which provides high-accuracy autonomous guidance for laser-guided weapons, integrated on the upgraded aircraft. From February 2007, a number of GR 4 aircraft operating in Iraq are being fitted with the Rafael 'Litening' III targeting pod. The GR 4 is equipped with forward-looking infrared (FLIR). The thermal image projected onto the pilot's head-up and head-down displays. (2012, Aireforce-Technology, Net Resources International, http://www.airforce-technology.com/projects/tornado/)
The GR 4 cleared to carry enhanced Paveway II bombs, with GPS/INS (global positioning system / inertial navigation system) guidance. A contract awarded to Raytheon to integrate Paveway IV on the Tornado in February 2008, which completed in July 2009. (2012, Aireforce-Technology, Net Resources International, http://www.airforce-technology.com/projects/tornado/)
The aircrafts armed with the Brimstone anti-amour missile system, which entered service with initial operational capability (IOC) on the GR.Mk4 aircraft in March 2005, and Storm Shadow cruise missiles, which entered initial operational service on the Tornado aircraft in March 2003, in support of Operation Iraqi Freedom. The GR4 can also deploy the Goodrich Raptor reconnaissance pod which replaces the current Thales Optronics (Vinten) VICON system. Raptor consists of the DB-110 reconnaissance system with CCD day sensor and mid-wave indium infrared sensor. It provides real-time day and night targeting with a range of 72km (electro-optic) and 36km (infrared). The pod received initial operating capability in September 2002 for deployment in Operation Iraqi Freedom in 2003. It cleared for operational use in January 2008 and deployed to Iraq in June 2008. The GR 4 has undergone a further cockpit upgrade consisting of a new Astronautics pilot's multifunction display and the BAE Systems TARDIS (Tornado Advanced Radar Display and Information System). The upgrade entered service in 2009. (2012, Aireforce-Technology, Net Resources International, http://www.airforce-technology.com/projects/tornado/)
BAE Bribery with Other Countries. Fraud investigators in America have widened their inquiry into BAE Systems in a move that will further damage the defense giant's reputation and overshadow the company's attempts to win contracts in its most important market. The US Department of Justice (DoJ), already investigating BAE's £43bn Al-Yamamah contract with Saudi Arabia, is also looking into its arms sales in Europe and Africa. (Hotten, R. (2009, October 4) BAE Attack: America to ask SFO for files. The Independent, http://www.independent.co.uk/news/business/news/bae-attack-america-to-ask-sfo-for-files-1797231.html)
Britain's Serious Fraud Office (SFO) said on Thursday it was seeking a criminal prosecution of BAE over allegations that it paid millions of pounds in bribes to win contracts in Tanzania, South Africa, the Czech Republic, and Romania. Now the DoJ wants to know if the deals breached its own corruption rules. There has been an informal exchange of information between the SFO and the DoJ, but a source said an official request for details would be foreseeable soon. (Hotten, R. (2009, October 4) BAE Attack: America to ask SFO for files. The Independent, http://www.independent.co.uk/news/business/news/bae-attack-america-to-ask-sfo-for-files-1797231.html)
America accounts for more than 50 per cent of BAE's £18.5bn annual sales, and the company is the Pentagon's sixth-biggest arms supplier. With UK and European defense budgets occurring, US spending are the key to BAE. Insiders say the SFO's latest action will encourage BAE's rivals and critics on Capitol Hill to take advantage of every claim of wrongdoing by warning the Pentagon against doing business with it. The SFO declined yesterday to discuss contact with the DoJ, but a source said there had been a "liaison" with its US counterpart "throughout the course of our inquiries.” (Hotten, R. (2009, October 4) BAE Attack: America to ask SFO for files. The Independent, http://www.independent.co.uk/news/business/news/bae-attack-america-to-ask-sfo-for-files-1797231.html)
John Benstead, a former SFO prosecutor who worked on joint investigations with the DoJ, believes the US authorities will be "all over" the contracts with Tanzania, South Africa and in Eastern Europe. The DoJ makes "lots of informal and formal requests for information," said Mr. Benstead, a partner at McGrigors, the law firm. (Hotten, R. (2009, October 4) BAE Attack: America to ask SFO for files. The Independent, http://www.independent.co.uk/news/business/news/bae-attack-america-to-ask-sfo-for-files-1797231.html)
News of the widening US probe will likely delay BAE's attempts to settle with the DoJ the allegations that it bribed Saudi officials to win al-Yamamah. George Brown, a global regulation expert at US-based legal firm Reed Smith, said the DoJ would not contemplate a settlement if BAE could have other skeletons in its closet. "The DoJ will want to know if there is anything else that comes under its jurisdiction," he said. The SFO offered to settle with BAE if it paid a fine of £500m and admitted criminal activity. However, such an admission would be damaging for BAE as it could debar it from bidding for contracts around the world. (Hotten, R. (2009, October 4) BAE Attack: America to ask SFO for files. The Independent, http://www.independent.co.uk/news/business/news/bae-attack-america-to-ask-sfo-for-files-1797231.html)
BAE, which fiercely denies wrongdoing, has indicated a willingness to accept a civil penalty and a lower fine of perhaps £20m. Despite the SFO's tough stance, both sides say they are open to further discussions. There is also speculation the SFO might agree a civil settlement in return for a "scalp" – evidence that some executives were complicit in bribery. One observer said: "The idea that BAE might throw someone to the dogs in return for a civil agreement is intriguing." However, the SFO maintains that it is focusing on the company, and not on individuals. (Hotten, R. (2009, October 4) BAE Attack: America to ask SFO for files. The Independent, http://www.independent.co.uk/news/business/news/bae-attack-america-to-ask-sfo-for-files-1797231.html)
The SFO (Serious Fraud Office) to drop investigation. Investigators at the SFO are preparing to drop their investigation allegations of bribery surround a contract to overhaul Saudi Arabia’s military communications. David Green was working out how to manage the politically sensitive decision to drop the investigation, saying that it had already “been left for dead” and was “gathering dust.” (Whitehead, F, 2013, April 25 (Exaro, SFO poised to drop investigation into claims of Saudi bribes)
The GPT Special Project Management, a UK subsidiary of EADS, the European defense group, is overhauling the Saudi National Guard’s communications systems under the ‘Sangcom Project’. It was revealed in May of 2012 that the GPT transferred more than 14.5 million into two mysterious offshore companies as part of the deal. The UK’s Ministry of Defense oversee’s the Sangcom Project, as well as Al Yamamah. The SFO insider said that Green was not willing to challenge the UK Ministry of Defense by pursuing the case. The move to drop the SFO investigation into the Sangcom Project generated at a more senior level. (Whitehead, F, 2013, April 25 (Exaro, SFO poised to drop investigation into claims of Saudi bribes)
Conclusion. So in conclusion of the BAE Systems and bribery with the Saudi Arabians, neither company has been caught in the bribery ring just yet but I would not say that it might not happen sometime in the future.

References
Aireforce Technology 2012 (www.airforce-technology.com/projects/tornado/)
Exaro (Whitehead, F, 2013, April 25 (Exaro, SFO poised to drop investigation into claims of Saudi bribes)
The Independent (Hotten, R. (2009, October 4) BAE Attack: America to ask SFO for files. The Independent, http://www.independent.co.uk/news/business/news/bae-attack-america-to-ask-sfo-for-files-1797231.html)

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