ECGD's role in promoting exports and credit to SMEs
The Corner House
This Corner House submission to a Parliamentary Inquiry on "Government Assistance to Industry" (and on "Rebalancing the Economy") looks at how the Export Credit Guarantee Department (ECGD) promotes exports and supplies credit to small- and medium-sized enterprises (SMEs).
The Corner House and Samata
Lawyers acting for The Corner House and Indian group Samata requested a Judicial Review of the decision by the UK's Export Credits Guarantee Department (ECGD) effectively scrapping its absolute ban on providing financial support to projects overseas involving "harmful" child labour and forced labour. ECGD stated in response that it does not have to consider whether its support contributes to human rights abuse, because it "does not owe obligations to persons outside the jurisdiction of the UK".
The Corner House announces proposed court action
The Corner House
On 1 April 2010, a UK government department, the Export Credits Guarantee Department (ECGD), scrapped its absolute ban on supporting projects overseas that involve child labour and forced labour. Lawyers acting for The Corner House have written to ECGD's Chief Executive stating their intention to challenge the new policy in the courts. They argue that for ECGD to provide UK, taxpayer-backed, support for forced labour would breach of the European Convention on Human Rights.
Refinancing through GEFCO raises questions about ECGD's financial losses
In March 2010, The Corner House and Campaign Against Arms Trade (CAAT) submitted a complaint to the European Commission alleging that the UK gives unlawful state aid to GEFCO, a special purpose vehicle used by the UK's export credit agency, the Export Credits Guarantee Department (ECGD), to refinance its loss-making interest-rate support scheme provided to UK exporters. After much correspondence, it emerged in March 2011 that the complaint should have been directed at the companies receiving the support rather than at GEFCO itself and should have cited a different clause in the WTO's Agreement on Subsidies and Countervailing Measures. The groups will submit a new complaint on this basis.
NGO submissions and correspondence
The Corner House and others
In December 2009, the UK's Export Credits Guarantee Department (ECGD) announced a public consultation on proposed revisions to its Business Principles, including wide-ranging changes to its environmental, social and human rights safeguard policies and its anti-bribery and corruption measures. The Corner House and others submitted a joint response detailing the potentially signficiant negative impacts triggered by the proposed changes to policies on child labour and forced labour, greenhouse gas accounting, transparency, anti-bribery and financial risks.
Peter Marshall, Newsnight
BBC2 Television's Newsnight current affairs programme summarised its 8 minute broadcast: "In 2006, the British government scotched a serious fraud investigation into BAE's biggest deal, with Saudi Arabia. Now, Peter Marshall [Newsnight presenter] reveals that the company may have returned the favour. It has stopped a billion pound insurance contract which tied the government to the Saudi business." Information about stopping the insurance contract came to light as a result of legal correspondence between The Corner House and Campaign Against Arms Trade with the UK Export Credits Guarantee Department.
Nicholas Hildyard
The UK Government is using emergency powers to amend the Export and Investment Guarantees Act 1991 governing the Export Credits Guarantee Department (ECGD), so that exporting companies can apply for insurance after they have started constructing their overseas projects (such as oil and gas pipelines, hydroelectric dams and power plants). The amendments would enable companies to circumvent the Department's human rights, environment and sustainable development safeguards.
following up OECD Phase2bis report
solicitors Leigh Day & Co, and Export Credits Guarantee Department
This exchange of letters between the UK's export credit agency and lawyers acting for The Corner House and Campaign Against Arms Trade revealed that BAE Systems had cancelled all its public insurance for its arms sales to Saudi Arabia with effect from 1 September 2008. These sales have been underwritten by the agency for more than two decades and accounted for half its portfolio.
Memorandum to Environmental Audit Committee Inquiry
The Corner House
Memorandum from The Corner House to the Environmental Audit Committee
The Corner House
This Corner House submission to a 2008 inquiry by the Environmental Audit Committee into the UK's Export Credits Guarantee Department and Sustainable Development critiqued the ECGD's decision-making procedures concerning sustainable development; its inadequate Business Principles and need for a proactive approach; its due diligence and monitoring; information disclosure; and the OECD and ECA reform.
Against the Secretary of State for Business, Enterprise and Regulatory Reform (Sakhalin II)
WWF-UK and The Corner House
On 15 August 2007, The Corner House and conservation organisation WWF-UK filed papers at the High Court in a judicial review of the UK's Export Credits Guarantee Department's decision in March 2004 to support the Sakhalin II oil-and-gas project off the far eastern coast of Russia.
for the Judicial Review Application against the Secretary of State for Business, Enterprise and Regulatory Reform (Sakhalin II)
James Leaton, WWF-UK
WWF-UK's 'witness statement' (as part of its joint claim for a judicial review of the UK Export Credits Guarantee Department's decision in March 2004 to support the Sakhalin II oil-and-gas project off the far eastern coast of Russia) describes the project; outlines concerns about its impacts on the Western Gray Whale, fisheries, local communities, and climate change; summarises the flawed process of the Environmental Impact Assessment; and details how WWF-UK eventually learnt about the ECGD's decision to support Sakhalin II by means of a Freedom of Information request.
for the Judicial Review Application against the Secretary of State for Business, Enterprise and Regulatory Reform (Sakhalin II)
Nicholas Hildyard, The Corner House
The Corner House's 'witness statement' (as part of its joint claim with WWF-UK for a judicial review of the UK Export Credits Guarantee Department's decision in March 2004 to support the Sakhalin II oil-and-gas project off the far eastern coast of Russia) summarises The Corner House's monitoring over several years of the ECGD's environmental, human rights and development policies; its engagement with ECGD on the Sakhalin II project since November 2002; and its concerns about the March 2004 decision.
over Sakhalin II oil-and-gas project
WWF-UK and The Corner House
On 15 August 2007, WWF and The Corner House filed for a judicial review of a legally-binding, but until recently undisclosed, decision in March 2004 by the UK Government's Export Credits Guarantee Department (ECGD) to support the Sakhalin II oil-and-gas project off the far eastern coast of Russia.
ECGD's case impact screening
ECGD released in July 2007, in response to a Freedom of Information Act request, its impact assessment of the Jindal Vijayanagar, Steel plant in India to which it had given support in 2005.
In 2007, the UK's export credit agency, ECGD, released documents indicating that it had classified a nuclear power plant in South Korea (for which it gave support in 2005) as having "low potential impacts"; this classification meant that the project did not require ECGD to carry out a more detailed impact assessment before giving support.
Report of Fact Finding Mission to Iraq, 29 March 2007
The Corner House and Kurdish Human Rights Project
In March 2007, the export credit agencies (ECAs) of Austria, Germany and Switzerland approved financial guarantees for the proposed Ilisu Dam on the River Tigris in the Kurdish region of Southeast Turkey. They stated that Turkey had provided the two downstream countries, Syria and Iraq, with the information these countries had sought about the Dam, and that Iraq had agreed to the project. Neither claim is true, according to Iraq's Minister of Water. By approving funding before Iraq and Syria had been consulted, the ECAs could be in violation of international law.
Simon Clark and Stephen Voss
This Bloomberg Markets article describes the allegations by BP consultant Derek Mortimore that the engineering company contracted to monitor the BTC oil pipeline has no experience in pipeline corrosion work.
How Rich Country Export Credit Agencies Facilitate Corruption in the Global South
The Corner House
The Corner House interviewed by the US magazine, Multinational Monitor, on export credit agencies and corruption.
Assessment Against ECGD Policies on Project Acceptability
The Corner House, Friends of the Earth (England, Wales and Northern Ireland), WWF-UK
Any ECGD support for the Anglo-Dutch petrochemical multinational Shell to develop two oil and gas fields off Sakhalin Island in Russia's Far East would breach international guidelines and conflict with the UK's sustainable development commitments and its international environmental obligations.
The evidence so far from the OECD Working Group on Bribery Phase 2 reviews
Susan Hawley for ECA-Watch
The OECD's Working Group on Bribery regard export credit agencies (ECAs) as essential to combating bribery and believe that ECA procedures to do so could be significantly improved. The Group's reviews of various OECD countries emphasise the importance of ECAs having proper procedures in place to detect and report bribery suspicions to law enforcement agencies, and to exclude companies convicted of corruption from further export credit support.
Request to ECGD for information regarding BTC oil pipeline
ECGD released some information related to the coating on the BTC oil pipeline in response to a Corner House information request.
The Corner House
On 21st October 2005, the ECGD announced its provisional response to the public consultation on its anti-corruption procedures. The ECGD proposes to take some steps towards re-strengthening its procedures, but has still stopped short in some key areas.
How export credit agencies are offering new subsidies for destructive projects under the guise of environmental protection
ECA-Watch
Northern governments may grant more export credits for large dams by classifying them as "renewable energy". This report details the negative impacts of five large dams and one water privatisation scheme financed with export credits.
The Case for Strengthened Standards
Nicholas Hildyard, The Corner House, UK; and Eliah Gilfenbaum, Environmental Defense, USA
This paper documents new subsidies that ECAs may give for large dams; evaluates the accompanying standards that ECAs may require for dam projects; and identifies future ECA actions if funding for dams is not to have negative environmental and social impacts.
The Agenda for 2005
Dr Susan Hawley
This submission to the EU Council Working Group on Trade details how the OECD Action Statement on Combating Bribery in Officially Supported Export Credits should be strengthened and how European Export Credit Agencies should improve their anti-bribery procedures. It was prepared for a special meeting held between the EU Council Working Group on Export Credits and NGOs on 22 June 2005.
Dr Susan Hawley
In January 2005, the UK's export credit agency, ECGD, announced a public consultation into its weakened anti-corruption procedures, introduced following industry lobbying. This submission to that consultation argues that the ECGD should revert to its revised procedures if it is to prevent bribery in the projects that it supports.
Memorandum from The Corner House
Dr Susan Hawley
At the beginning of 2005, the UK Parliament's Trade and Industry Select Committee conducted an inquiry into the UK's Export Credits Guarantee Department (ECGD). During its inquiry, it interviewed the Government Minister responsible for the ECGD about the Department's watering down of its anti-bribery procedures following industry lobbying. In March 2005, the Committee published a report, Implementation of ECGD's Business Principles, that was highly critical of the changes the Department had made to its procedures. This document is The Corner House's submission to the Committee's inquiry.
The Corner House
In December 2004, The Corner House began legal proceedings against the Export Credits Guarantee Department, claiming it had weakened its anti-corruption rules after consulting corporations only. It was awarded the first-ever full "protective costs order" to challenge the changed rules: The Corner House would not have to pay the Department's legal costs, even if it lost, because the challenge was in the public interest.
In December 2004, The Corner House instituted legal proceedings against the UK's Secretary of State for Trade and Industry as the government minister responsible for the Export Credits Guarantee Department.
Confirmation of conditional support
Export Credits Guarantee Department
In response to a Freedom of Information request from The Corner House, the UK's Export Credits Guarantee Department (ECGD) released a letter it had written on 4 March 2004 to the Sakhalin Energy Investment Company confirming that it had approved conditional support for several UK contracts for the Sakhalin II project.
Export Credit Agencies and Corruption
Susan Hawley
The taxpayer-backed export credit agencies of industrialised countries are underwriting the bribery and corruption of large, mainly Western, companies operating abroad.
Corruption and the UK Export Credits Guarantee Department
Dr Susan Hawley
Institutional practices within the taxpayer-funded UK Export Credits Guarantee Department have exacerbated bribery and corruption by Western companies.
Memorandum to Environmental Audit Committee Inquiry
Nicholas Hildyard and Susan Hawley
This submission from The Corner House documents in detail how the ECGD’s policies and practices fall far short of compliance with the Government’s sustainable development commitments. It makes several recommendations to address the ECGD’s institutional and procedural failures, and to bring the Department in line with the Government’s sustainable development policies and objectives.
Kerim Yildiz, Kurdish Human Rights Project, and Nicholas Hildyard, The Corner House
Since October 2000, the UK Export Credits Guarantees Department (ECGD) has been bound by the UK Human Rights Act. But many of the ECGD's procedures potentially conflict with this Act.
Recommendations from Friends of the Earth to the ECGD
Kate Hampton, Friends of the Earth
In 2001, governments agreed that export credit agencies should support the transfer of climate-friendly technologies. Urgent institutional reform is needed if Britain is to fulfil its commitment, argues this presentation at an NGO Seminar on Export Credit Reform held in the House of Commons, London.
Global Witness
Publicly-traded companies involved in resource exploitation should be required to publish a breakdown of all payments which they make for the products of every country in which they operate.
Romilly Greenhill and Ann Petifor, Jubilee Research
Export Credit Agencies have created unsustainable debt in developing countries. Despite reforms, arms sales and other ECA-backed deals continue build up debt without contributing to development.
Ann Feltham, Campaign Against Arms Trade
Arms sales currently take up a disproportionate amount of official export credit support. The Export Credits Guarantee Department (ECGD) and other Export Credit Agencies (ECAs) should end support for military goods.
Barry Coates and Daniela Reale, World Development Movement
The UK government's Export Credits Guarantees Department (ECGD) supports British exporters. Using public money to support private businesses is only justified if it has a demonstrable public purpose.
Michael Bartlet, Religious Society of Friends
The ECGD's support for defence-related exports has lost money every year for the past 12 years. This strongly suggests that arms sales are being deliberately subsidised.
Rob Cartridge, Campaigns Director, War on Want
Protecting workers' rights is central to alleviating poverty. The UK Export Credits Guarantee Department (ECGD) should require all applicants to have policies for achieving core labour standards.
NGO Seminar on Reform of Export Credits Guarantee Department - Seminar Report
Sean Scannell, The Ilisu Dam Campaign
Summary of an NGO seminar held in the UK parliament to discuss Export Credit Agency reform.
The ECGD's recent record
Susan Hawley, The Corner House
The UK Export Credits Guarantee Department (ECGD) has a long record of backing corrupt projects. New vetting procedures have loopholes, leaving the ECGD open to charges of complicity in corruption, contends this presentation at an NGO Seminar on Export Credit Reform held in the House of Commons, London.
Recommendations to the UK Export Credits Guarantee Agency
Kirstine Drew, UNICORN, Public Services International Research Unit
The UK Export Credits Guarantee Department (ECGD) has a legal obligation to combat corruption. But its failure to adopt non-discretionary, transparent procedures is fundamentally flawed, argues this presentation at an NGO Seminar on Export Credit Reform held in the House of Commons, London.
Nicholas Hildyard
Unless Export Credit Agencies (ECAs) can demonstrate a public purpose, ensured through mandatory sustainable development standards, the subsidies they provide have no legitimacy.
The Final Report of a Fact-Finding Mission to the Ilisu Dam Region
Ilisu Dam Campaign; the Kurdish Human Rights Project; The Corner House; World Economy, Ecology and Development; Eye on SACE Campaign and Pacific Environment Research Center
The companies that want to build the controversial Ilisu Dam on the River Tigris in the Kurdish region of Southeast Turkey have sought financial backing from the export credit agencies (ECAs) of their countries. In January 1999, the ECAs attached four conditions to be met before they would issue export credits. During 9-16 October 2000, an international Fact Finding Mission of Non-Governmental Organisations from the UK, USA, Germany and Italy went to the region of the proposed dam to assess the Turkish government's progress meeting the four conditions.
A memorandum from concerned non-governmental organisations and parliamentarians
concerned NGOs
In July 1999, the UK Secretary of State for Trade and Industry announced a Review of the mission and status of the UK Export Credits Guarantees Department (ECGD). This Memorandum, signed by 35 UK NGOs and parliamentarians, sets out proposals to reform the ECGD so as to bring it in line with the stated policies of the UK government on sustainable development, human rights, open government and putting ethics “at the centre” of foreign policy.
A Political Economy of Ethics in the Export Credit Debate
Nicholas Hildyard
“Moral dilemmas” are not unattached to political, bureaucratic, social and economic interests. They are deeply political and are products of everyday conflicts over meaning, resources and ways of living and power. Who raises a particular moral dilemma and why is thus of critical importance.
Export Credit Agencies, Corporate Welfare and Policy Incoherence
Nicholas Hildyard
Projects backed by export credit agencies (ECAs) are frequently environmentally destructive, socially oppressive or financially unviable. It is the poorest people in the countries where the projects are located who end up paying the bill. With rare exceptions, the major ECAs lack mandatory environmental and development standards, and are secretive and unaccountable.