Wikileaks: Protecting Saudi princes' corruption or halt anti-terror cooperation...

C O N F I D E N T I A L PARIS 000829
SUBJECT: OECD: U.K.'S BRIEFING ON TERMINATED BAE/SAUDI ARABIA
FOREIGN BRIBERY CASE TO THE WORKING GROUP ON BRIBERY, JANUARY
16, 2007 ...
¶2. (C) The WGB's Acting Chair opened the discussion by
observing that the termination of the investigation appeared to
constitute a violation of the OECD Anti-bribery Convention...
¶4. (C) First, the relationship between BAE plc and Prince Turki
Bin Nasir: evidence indicated payments had been made by two
subcontractors to Prince Turki, who, as Deputy Commander of the
Royal Saudi Air Force during the involved period, was in a
position to exert influence on the al-Yamamah contract.
Payments fell into three time periods: before the
implementation of the U.K.'s 2001 Act (effective February 14,
2002); during a transition period; and following full
implementation of the Act. Evidence indicated that payments of
up to 70 million pounds had been made to Prince Turki prior to
implementation of 2001 Act. SFO had evidence indicating BAE had
conspired to circumvent the 2001 Act and another 3 million
pounds were paid to Turki following implementation;...
¶6. (C) Third, payments made under the al-Yamamah contract to an
unnamed senior Saudi official: Garlick advised that in October
2005, the SFO had demanded BAE produce documents including
payments related to the al-Yamamah contract....
¶9. (C) Jones cited public interest as the reason for
discontinuation of the investigation, based on risks to
international and national security and to the lives of U.K.
citizens. He said the U.K. was not seeking to avoid giving
offense to another State or harming diplomatic relations with
another State, and "still less" to avoid harming British
commercial interests. Jones said U.K. authorities do not
believe the Anti-bribery Convention requires parties to pursue
cases if doing so would compromise the fight against terrorism
or the safety of citizens. He said U.K.-Saudi cooperation was
critical and that Saudi Arabia was the source of unique strains
of intelligence on al-Qaida. If Saudi Arabia were to withdraw
such cooperation, the UK would be deprived of a key source of
information. Jones also cited UK-Saudi cooperation related to
the Middle East Peace Process.
¶10. (C) Jones noted Britain had suffered one terrorist incident
in July 2005 (London bombings) and other terrorism cases were
under trial. He said the conviction of one suspect had occurred
because of international cooperation. He noted the release of a
report indicating 30 active terrorist plots in the U.K. and
spoke of the real risk of terrorism at home and abroad. The SFO
Director was advised of risks posed if the investigation were
continued. Jones noted that if judicial review of the decision
were brought, it would be defended...."