Case File

Airbus: Indonesia Aircraft Deals

Author
B. Arneson & Jack Cinamon
Published on
April 5, 2022
Image
Indonesian Air Force CASA C295. Source: PK-REN via Flickr, Wikimedia Commons; License CC BY-SA 2.0
Indonesian Air Force CASA C295. Source: PK-REN via Flickr, Wikimedia Commons; License CC BY-SA 2.0

Contents

Contents

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Introduction

Introduction

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Airbus distributed millions in bribes to senior employees, former high-ranking military and government officials, or their family members in order to sell at least sixty-four defense and commercial aircraft to three Indonesian airlines: PT Dirgantara Indonesia; PT Garuda Indonesia; and Garuda’s low-cost subsidiary, PT Citilink Indonesia.

According to the U.S. Department of Justice report, an organization (allegedly PT Ardyaparamita Ayuprakarsa), worked for both Airbus’s Commercial and Defense & Space Division in Indonesia. As such, the corruption-related information regarding the commercial sales has been included in this case.

In February 2012, PT Dirgantara Indonesia procured at least nine C-295s, a tactical military transport aircraft, after receiving €16.1 million in bribes. This case is one of several that were investigated by French, British and American authorities and settled in a deferred prosecution agreement in 2020. While the United States Department of Justice (DOJ) report does not divulge who was involved in the purchase of the C-295s, the former President-Director of PT Dirgantara Indonesia, Budi Santoso, and the former Commerce Director, Irzal Rinaldi Zailani, have faced similar corruption charges in other deals during the same timeframe that the C-295s were procured.

Additionally, the Wall Street Journal reported that during Airbus’s liquidation process, a series of disreputable third-party agent fees were uncovered, including a promised payment for eleven anti-submarine Panther rotorcraft helicopters that PI Dirgantara Indonesia purchased from Airbus in 2014. Santoso was also involved in the procurement of these helicopters, however, the details of this purchase are limited at this time.

Last, from July 2011 to December 2012, PT Garuda Indonesia, and its subsidiary, PT Citilink Indonesia, purchased at least fifty-five commercial aircraft from Airbus after receiving $3.3 million in bribes. Four actors have been convicted and sentenced thus far: Emirsyah Satar, the former President Director of PT Garuda Indonesia; Hadinoto Soedigno, the former Technical Director of PT Garuda Indonesia and former Director of Production of PT Citilink Indonesia; Soetikno Soedarjo, beneficial owner of Connaught International Pte Ltd and PT Ardyaparamita Ayuprakarsa; and Captain Agus Wahjudo, Garuda Executive Project Manager.

The timeline below is loosely transcribed and abbreviated from a Crown Court at Southwark report, Regina v Airbus SE, and supplemented by a U.S. DOJ report, United States of America v. Airbus SE among others, the references to which can be found at the end of this article. These reports anonymized the names of the actors.

Case Details

Case details

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Seller country
United States, Spain
Seller company
Airbus (EADS)
Buyer country
Indonesia
Goods category
Aircraft
Equipment sold
Military: 9 C-295 Commercial: 15 A330s and 40 A320s
Deal value
More than USD 5bn
Sum involved in corruption
Military orders: EUR 16.1 million, Commercial orders: USD 3.3 million
Start year
2009
End year
2015
Outcome status
Deferred Prosecution Agreement(s), Legal Investigation Ongoing

Actors

Actors

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  • Airbus SE: European multinational aerospace corporation based in France.

  • SMO: Strategy and Marketing Organization within Airbus.

  • SMO International: A division of the SMO that was in charge of Airbus’s business development activities, including, but not limited to, the identification, engagement, and

  • supervision of third party business partners and International Marketing and Development Projects (IMD Projects).

  • Company Development and Selection Committee (CDSC): Committee of Airbus executives and employees of SMO.

  • Airbus Executive 2: Senior executive within Airbus.

  • Airbus Executive 3: Executive within Airbus.

  • Airbus Employee 1: Senior Executive of Airbus

  • Airbus Employee 14: Employee of Airbus SMO International

  • Airbus Export Compliance Employee 2: Expert compliance manager from the Defense & Space subsidiary in Spain.

  • PT Garuda Indonesia: The national airline of Indonesia.

  • Citilink Indonesia: Garuda’s low-cost subsidiary. In 2016, the Indonesian government’s ownership of Citilink decreased to just over 60 percent.

  • PT Dirgantara Indonesia: An Indonesian aerospace company involved in aircraft design and the development and manufacture of civilian and military regional commuter aircraft.

  • PT Ardyaparamita Ayuprakarsa: Indonesian consultancy company with connections to Indonesia’s political leadership. PT Ardyaparamita Ayuprakarsa had a complex ownership structure, in which shares in the company were owned by groups of shareholders that included holding companies for additional shareholders. PT Ardyaparamita Ayuprakarsa employed many former Indonesian high-ranking military and government officials. Airbus started working with PT Ardyaparamita Ayuprakarsa in 2010 on both commercial and defense orders.

  • Connaught International Limited: A business partner that “would represent [Airbus] in Indonesian territory.”

  • Soetikno Soedarjo: Former President Director of PT Mugi Rekso Abadi and beneficial owner of Connaught International and PT Ardyaparamita Ayuprakarsa. Soedarjo acted as an intermediary for Airbus, Rolls-Royce, and others.

  • Emirsyah Satar: Former President Director of PT Garuda Indonesia

  • Hadinoto Soedigno: Former Director of Engineering and Fleet Management of PT Garuda Indonesia.

  • Captain Agus Wahjudo: Former Executive Project Manager Aircraft Delivery at PT Garuda Indonesia from 2009-2014.

  • Budi Santoso: Former President Director of PT Dirgantara Indonesia.

  • Irzal Rinaldi Zailani: Former Commerce Director of PT Dirgantara Indonesia.

Allegations

Summary of Corruption Allegations

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First, Airbus entered into a firm contract with PT Dirgantara Indonesia to supply nine C-295 transport aircraft to Indonesia's Ministry of Defence. Airbus’s C-295 aircraft were manufactured in the company’s subsidiary in Spain, but certain defense articles that fell under the American International Traffic in Arms Regulations (ITAR) were exported to Spain from the U.S. When these items are exported, the U.S. suppliers have to file an export license application with the Directorate of Defense Trade Controls (DDTC). When Airbus completes the production of the C-295 and sells it to a customer, the company must file a subsequent export license that alerts the DDTC who the new end user is. As part of these re-export applications, Airbus has to include statements regarding ITAR Part 130, which refers to whether or not the company paid, offered, or agreed to pay political contributions, fees, or commissions in connection with these sales. Airbus either made no statement regarding Part 130, or filed false re-export license applications to the DDTC regarding Part 130 claiming that the transaction met the requirements.

In other words, Airbus paid €16.1 million in bribes to “high-ranking” military and government officials in Indonesia and withheld that information on their re-export licenses.

Second, PT Garuda Indonesia executives: Emirsyah Satar, Hadinoto Soedigno, and Capt Agus Wahjudo were deemed proven to have received large bribes and gifts in connection with the acquisition of numerous Airbus commercial aircraft. The bribes came from Airbus, Roll-Royce, and Avions de Transport Regional (ATR) through intermediary Soetikno Soedarjo, beneficial owner of Connaught International and PT Ardhyaparamita Ayuprakarsa. The bribes were designed to interfere in the procurement process at PT Garuda Indonesia, namely for the purchase of Airbus A330 and A320 aircraft. Soedarjo bribed all three executives: Satar received cash and other benefits sent directly to a company he and his late wife owned in the British Virgin Islands, Soedigno received money into his Singapore bank account, and Capt Wahjudo received money as pension for his retirement in relation to the procurement of aircraft at PT Garuda Indonesia. Soedigno, together with Satar and Capt Wahjudo, received millions in cash bribes, as well as dinners, lodging costs, and a private plane rental. All three have since been convicted for breaching bribery and money laundering laws.

Timeline

Timeline

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2009
  • 15 JunAirbus and Garuda signed a memorandum of understanding relating to the purchase of six A330. Emirsyah Satar signed the contract.
  • 20 JulAn Airbus consultant application was submitted for Connaught International with regard to the sale to Garuda of six A330 aircraft. The application suggested that Connaught International would provide support at “airlines level,” and another company would work at “the political level.” The application was approved by the CDSC sub-committee on 19 October 2009, but stated to be formally effective from 1 September 2009.
  • 9 NovA purchase agreement was signed between Garuda and Airbus for three A330 aircraft. The purchase agreement was signed by Captain Agus Wahjudo and another Garuda Executive.
2010
  • PT Ardyaparamita Ayuprakarsa entered into an oral agreement with Airbus. Airbus paid PT Ardyaparamita Ayuprakarsa more than €14,000,000 in connection with military aircraft sales in Indonesia.
2011
  • JanBetween January 2011 and October 2014, Airbus paid Connaught International just over $8.67 million for the commercial consultant agreement.
  • 2 AugGaruda and Airbus signed a purchase agreement for twenty-five A320 aircraft. In 2015, a further agreement amended the contract to 15 aircraft. Email exchanges showed involvement from Hadinoto Soedigno and Captain Agus Wahjudo.
  • 5 DecSoetikno Soedarjo paid $43,165 as a bribe to a relative of Emirsyah Satar or notary acting on the sale.
  • 15 DecSoetikno Soedarjo paid $539,647 to a relative of Emirsyah Satar or notary acting on the sale.
  • 27 DecSoetikno Soedarjo paid $83,000 to Captain Agus Wahjudo.
  • 19 DecGaruda bought eleven A330 from Airbus. Hadinoto Soedigno signed on behalf of Garuda.
2012
  • JanAirbus paid Connaught International about $4 million regarding the May 2011 consultant agreement.
  • 5 JanCaptain Agus Wahjudo communicated via email with Soetikno Soedarjo about the Rolls-Royce Trent 700 engines for Garuda’s additional eleven A330 aircraft.
  • 23 JanAn Airbus consultant application was submitted for Connaught International with regard to the sale of eleven A330-300 aircraft. The fee to Connaught International was $11 million. Another Airbus consultant application was submitted for Connaught International with regards to the sale of up to twenty-five A320 aircraft to Citilink. The fee to Connaught International was $10 million.
  • 2 FebSoetikno Soedarjo paid $55,991 to a relative of Emirsyah Satar or notary acting on the sale.
  • 7 FebSoetikno Soedarjo paid $632,330 to Hadinoto Soedigno, $179,163 Captain Agus Wahjudo, and $1,351,915 to a company owned by Emirsyah Satar and his wife in the British Virgin Islands.
  • 15 FebIndonesia signed a contract for the sale of nine C-295s.
  • 20 FebThe Defense & Space Division submitted a compliance application for PT Ardyaparamita Ayuprakarsa to assist on the sales campaign, after the sale of the C-295s to Indonesia was already negotiated.
  • 24 FebThe consultant agreement between Airbus and Connaught International for the eleven A330 aircraft was signed, having been considered by the CDSC on 10 February 2012. Both Emirsyah Satar and Hadinoto Soedigno were involved. The consultant agreement between Airbus and Connaught International was also approved for up to twenty-five A320.
  • MarEmirsyah Satar’s bank was alerted to possible money laundering due to the $1,351,915 payment. Emirsyah Satar lied to his bank by saying that he was involved in a property scheme with Soetikno Soedarjo.
  • 15 JunThe agreement between Airbus and both PT Ardyaparamita Ayuprakarsa and PT Dirgantara Indonesia is finalized. Airbus agreed to pay PT Ardyaparamita Ayuprakarsa €4,357,446 in connection with the sale of nine C-295s to the Indonesian Military of Defense. Airbus also agreed to pay PT Dirgantara Indonesia €11,200,000 in connection with the sale.
  • JulEmirsyah Satar’s bank did not believe his lie about the $1,351,915 payment. Soetikno Soedarjo suggested that he move the funds to Soetikno Soedarjo’s account.
  • JulBetween July and October of 2012, Airbus paid Connaught International around $4 million with regards to the February 2012 consultancy agreement.
  • 3 JulAirbus enters into an agreement with PT Dirgantara Indonesia in relation to the sale of nine C-295s, including technical and administrative support.
  • 6 JulGaruda and Airbus signed a contract, an amendment to the 2 August 2011 agreement, to buy another twenty-five A320 aircraft. The amendment had not been approved by the Garuda board of directors because their lawyers saw difficulties with it needing to be signed or transferred to Citilink.
  • 27 JulAirbus enters into another agreement with PT Dirgantara Indonesia in relation to the sale of nine C-295s, including technical and administrative support. Airbus paid PT Dirgantara Indonesia €9,147,093.26 in connection with both agreements for the C-295 campaign.
  • AugEmirsyah Satar told his bank to remit all of his money to an account of Soetikno Soedarjo in Singapore. The transfer of funds in the amount of $1,458,364 was not made until November 2012.
  • 30 AugSoetikno Soedarjo paid $166,000 to Hadinoto Soedigno and $83,000 to Captain Agus Wahjudo.
  • 20 DecCitilink bought twenty-five A320 from Airbus. Airbus and Garuda also entered into an amendment agreement to the August 2011 contract for the A320, which stated the July 2012 agreement had not received the proper approvals and was no longer valid.
2013
  • Hadinoto Soedigno became a Senior Executive at Citilink.
  • SepAirbus paid Connaught International around $1 million for the February 2012 agreement.
2014
  • 24 FebSoetikno Soedarjo paid $57,500 to Captain Agus Wahjudo related to the agreements above.
  • 25 FebSoetikno Soedarjo paid $115,000 to Hadinoto Soedignorelated to the agreements above.
  • DecEmirsyah Satar resigns from Garuda.
2021
  • 19 DecHadinoto Soedigno dies due to illness.

Outcomes

Investigation Outcomes

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2020
  • 31 JanAfter a four-year investigation by French, British, and U.S. authorities, Airbus admitted to their long-running bribery and corruption scheme involving sales to at least 19 markets. Airbus agreed to pay almost $4 billion in fines in a so-called Deferred Prosecution Agreement (DPA). Under the terms of the DPA, Airbus itself avoids criminal conviction, but individual employees of Airbus may be prosecuted for their involvement in the bribery and corruption scheme. No Airbus employees have been prosecuted thus far, and it is unlikely that they will in the future, which may risk setting a precedent where individuals are not held accountable for their involvement in endemic corruption. While this settlement is a monumental case in anti-corruption within the global arms trade, it elucidates the ways in which transnational corporations can buy their way out of harsher consequences. With a net worth of $107.2 billion, a $4 billion fine for endemic bribery and corruption still seems miniscule; however, the cooperation among countries that took place during the investigation of the case to hold Airbus financially responsible is a potential step forward in anti-corruption efforts.
  • 8 MaySoetikno Soedarjo was sentenced by the Indonesian Corruption Eradication Commission (KPK) to 6 years in prison and a Rp 1 billion fine for bribing Satar, Soedigno, and Captain Wahjudo. He was found guilty of committing a criminal act of corruption as stated in Article 5 paragraph (1) letter b of the Corruption Law in conjunction with Article 65 (1) of the Criminal Code. Soetikno was also proven to have committed a money laundering crime (TPPU) as stated in Article 3 of the Money Laundering Law in conjunction with Article 55 paragraph 1 to 1 and Article 65 (1) of the Criminal Code.
  • 9 MayThe KPK sentenced Emirsyah Satar to eight years in prison at Sukamiskin Prison, Bandung, West Java, after finding him guilty of accepting bribes and laundering Rp 87.5 billion related to aircraft procurement. The court fined Satar Rp 1 billion and ordered him to pay $2.1 million in restitution. Satar was found guilty of committing a criminal act of corruption as stated in Article 5 paragraph (1) letter b of the Corruption Law in conjunction with Article 65 (1) of the Criminal Code. Satar was also proven to have committed a money laundering crime (TPPU) as stated in Article 3 of the Money Laundering Law in conjunction with Article 55 paragraph 1 to 1 and Article 65 (1) of the Criminal Code.
2021
  • 21 AprBudi Santoso and Irzal Rinaldi Zailani underwent trials at the Bandung District Court after being accused of creating up to 52 fictitious defence contracts between 2008 and 2011, the same timeframe that the nine C-295s were procured. Santoso was sentenced to four years in prison and Zailani was sentenced to seven years in prison.
  • 3 JunHadinoto Soedigno was sentenced to twelve years in prison in addition to a fine of Rp 10 billion in relation to the Garuda Indonesia group’s acquisition of Rolls-Royce Trent 700 engines and commercial Airbus aircraft. Additional penalties against the defendant included an order to pay compensation to the amount of $2,302,974.08 and €477,540. He was found guilty in accordance with Article 12 letter or Article 11 of the Corruption Act in conjunction with Article 55 paragraph (1) to 1 of the Criminal Code in conjunction with Article 65 paragraph (1) of the Criminal Code. Soedigno was also proven to have committed a money laundering crime as stated in Article 3 of the Money Laundering Law in conjunction with Article 55 paragraph 1 to 1 and Article 65 (1) of the Criminal Code.
2022
  • 24 FebCaptain Agus Wahjudo was convicted and sentenced in connection with the procurement of aircraft for PT Garuda Indonesia. At this time, it is unclear as to how long he will be incarcerated for and under what charges he was convicted.

References

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