Resources: Corruption, SFO-BAE-Saudi Arabia

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.

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.

On 17 October 2008, the OECD's Working Group on Bribery issued a report, which holds that the UK authorities did breach their obligations under the OECD Anti-Bribery Convention when the Serious Fraud Office cancelled its investigation into arms deals between BAE Systems and Saudi Arabia in December 2006. The Corner House and the Campaign Against Arms Trade (CAAT) issued this press release of the report, which vindicates their judicial review of the decision.

On 30 July 2008, five Law Lords overturned the High Court's ruling of April 2008 when they stated that the SFO Director had acted lawfully in stopping a corruption investigation into BAE Systems' arms deals with Saudi Arabia when faced with a threat to national security. They stated that the Director's discretion to drop criminal proceedings extended legally to taking account of the threat uttered by Saudi Arabia that it would withdraw diplomatic and intelligence cooperation with the UK if the investigation continued, even though the threat was "ugly and obviously unwelcome".

This is a submission to the House of Lords in response to an appeal by the Director of the Serious Fraud Office from the independent human rights and law reform organisation, JUSTICE, which is the British section of the International Commission of Jurists. The submission addresses the domestic legal principles by which the legality of a prosecutor's decision to halt a criminal investigation in response to a threat should be assessed, and the relevant international obligations at issue, the OECD Anti-Bribery Convention.

This second witness statement from Campaign Against Arms Trade updates the House of Lords on official investigations by the US and Swiss authorities into alleged bribery and corruption by BAE Systems in relation to the Al-Yamamah military aircraft contracts.

This 'legal opinion' from a top UK constitutional lawyer concludes that a clause in the draft Constitutional Renewal Bill (published 25 March 2008) effectively preventing judicial review of a decision to halt a prosecution or fraud investigation on the grounds of national security violates a fundamental UK constitutional principle of the rule of law, and could be challenged under the Human Rights Act.

This second witness statement from the the Serious Fraud Office's Assistant Director was submitted by the Serious Fraud Office for its House of Lords appeal.

This submission from The Corner House and CAAT lawyers to the House of Lords in response to an appeal by the Director of the Serious Fraud Office focuses on two principles of law: the Rule of Law; and compliance with the OECD Anti-Bribery Convention.

On 10 April 2008, Lord Justice Moses and Mr Justice Sullivan ruled that the decision of the Director of the Serious Fraud Office to drop an investigation into alleged bribes by BAE Systems in Saudi Arabia was unlawful. This is a summary and analysis of that judgment prepared by The Corner House.

On 10 April 2008, Lord Justice Moses and Mr Justice Sullivan ruled that the decision of the Director of the Serious Fraud Office to drop an investigation into alleged bribes by BAE Systems in Saudi Arabia was unlawful. This is their 42-page judgment.

On 10 April 2008, Lord Justice Moses and Mr Justice Sullivan ruled that the decision of the Director of the Serious Fraud Office to drop an investigation into alleged bribes by BAE Systems in Saudi Arabia was unlawful. As the judgment is long -- on the judges' own admission -- they prepared a summary of the first part of their ruling.

Even before the judgement has been given on the landmark judicial review of the decision by the UK's Serious Fraud Office to halt its BAE-Saudi Arabia corruption investigation, the UK Government has introduced draft legislation whose effect would be to prevent in future such a judicial review -- and even such an investigation. The Corner House and CAAT are calling upon the public and parliamentarians to voice their concerns about the draft Constitutional Renewal Bill.

On 14-15th February 2008, the High Court heard a judicial review of the Serious Fraud Office's decision in December 2006 to terminate its investigation into alleged corruption by BAE Systems in recent arms deals with Saudi Arabia. This document is a transcript of the court proceedings of the second day, 15 February 2008, on which lawyers for the Serious Fraud Office continued their defence.

This press release highlights the documents released in the High Court on 14 February 2008 revealing that Britain's biggest arms company, BAE Systems, wrote to the Attorney General on a "strictly private and confidential" basis urging him to halt the Serious Fraud Office investigation into allegations that BAE had bribed Saudi officials to secure the Al Yamamah arms deal.

On 14th February 2008, the High Court will hear the judicial review of the Serious Fraud Office's decision to terminate its investigation into alleged corruption by BAE Systems in recent arms deals with Saudi Arabia.

A second witness statement from the Director of the Serious Fraud (SFO), Robert Wardle, was released in the High Court on Thursday 14 February 2008 during the judicial review hearing brought by Campaign Against Arms Trade (CAAT) and The Corner House into his decision to terminate the SFO's BAE-Saudi investigation.

On 17 January 2008, Lord Justice Moses finalised the grounds on which The Corner House and Campaign Against Arms Trade could bring its judicial review, the disclosure of documents from the Director of the Serious Fraud Office, and the costs to be paid by both parties.

Documents released in the UK High Court indicate that the Serious Fraud Office investigation into BAE's Saudi arms deals was dropped only after the then Prime Minister Tony Blair sent a personal minute to the Attorney General Lord Goldsmith. They show that Goldsmith did not believe that the case should be dropped in response to alleged Saudi threats to withdraw intelligence and security co-operation.

On 9 November 2007, Lord Justice Moses sitting with Mr Justice Irwin granted The Corner House and Campaign Against Arms Trade permission to bring a full judicial review hearing against the decision by the Director of the Serious Fraud Office to terminate the SFO investigation into alleged bribery by BAE Systems in its Saudi Arabian arms deals. Their judgment outlines their reasons for giving permission, and summarises issues relating to the costs of the judicial review.

At an oral hearing in the UK High Court on Friday 9 November 2007, lawyers for Campaign Against Arms Trade (CAAT) and The Corner House will argue that permission should be granted for a full judicial review hearing against the UK Government's decision to cut short an investigation by the Serious Fraud Office (SFO) into alleged corruption by BAE Systems in recent arms deals with Saudi Arabia.

On 23 September 2007, activist comedian Mark Thomas organised a comedy benefit night of Britain's top comedians to raise public awareness of the UK's Serious Fraud Office decision to drop its investigation into bribery allegations involving BAE Systems in Saudi Arabia and to support the legal challenge to this decision. This "secret file" programme was given to all those who attended.

The Serious Fraud Office Director argues that permission to bring a judicial review of his decision to stop the BAE-Saudi Arabia-corruption investigation should be refused.

This Corner House 'witness statement' outlines the nexus between corruption and bribery, and international trade, economic investment, terrorism and national security, and provides background on legislative and other steps to combat corruption. It forms part of the claim for a judicial review against the UK Government's decision in December 2006 to terminate an investigation by the Serious Fraud Office into alleged corruption by BAE Systems in recent Al Yamamah arms contracts with Saudi Arabia.

140 NGOs from 37 countries called upon Prime Minister Tony Blair to re-open the investigation of the Al Yamamah defence contract between BAE and Saudi Arabia government because of the impacts of corruption on democracy, sustainable development, human rights and poverty.

Corner House Research and Campaign Against Arms Trade agreed to the Treasury Solicitor's request for an extension of time to respond to the 18 December 2006 letter sent on behalf of The Corner House and CAAT, provided that he confirmed that the groups would receive a response by 19 January 2007.