The government has released a Special Audit by the Auditor General (AG) into the former government’s concession agreement with Indian infrastructure giant GMR, ahead of upcoming arbitration proceedings.
The two parties agreed to commence arbitration proceedings in mid-2014, following a preliminary meeting in London on April 10 this year.
GMR is seeking US$800 million in compensation for the sudden termination of its 25 year concession agreement, while the Maldivian government has contended it owes nothing as the contract was ‘void ab initio’, or invalid from the outset.
The AG’s report notes that Axis Bank is separately seeking repayment of US$160 million in loans to GMR, which were guaranteed by the Maldives’ Finance Ministry.
“Under the terms of the direct agreement, these loans would be repayable if the concession was terminated early, as defined in the direct agreement. The government contends, however, that if the concession agreement is void ab inito, then these terms do not apply.”
Report
The AG’s report reveals that concession revenue due the government plummeted fourfold in 2012 as a result of the Civil Court case – filed by the Dhivehi Qaumee Party (DQP) in 2011 – blocking the charging of an Airport Development Charge (ADC) to outgoing passengers as stipulated in its concession agreement.
Net concession revenue in 2011 of US$25,424,877 fell to just US$6,058,848 in 2012, after GMR Male’ International Airport Limited (GMIAL) deducted the ADC from the concession fees due to the government – a stopgap measure approved by the Nasheed government while it sought to appeal the ruling. However, the DQP, in coalition with other opposition parties, came to power following the controversial transfer of power on February 7 2012, before the appeal was complete.
“The new government took the view that it would not be proper for it to intervene in the legal process for the benefit of a private concern,” the report stated. Instead, on April 19, 2012, MACL informed GMIAL it was “retracting the previous agreement [to offset the ADC] on the grounds that the then Chairman of MACL did not have the approval of the MACL board to make the agreement.”
GMIAL asserted that this decision was a political event as defined within its concession agreement, and warned that “this would amount to a breach of the agreement by the government. The government did not accept this argument.”
By the end of 2012, GMIAL had withheld a total of US$22.9 million from the concession fee paid over to MACL, 79 percent of the total fee that would otherwise have been due, the report noted, adding that the decision by the Transport Minister and MACL Chairman to agree the offset had been sent to the Anti-Corruption Commission on the grounds that the decision had required presidential approval.
Prior to the court ruling, GMIAL’s audited net profit for the period November 25, 2010 to December 31, 2011 was US$26,141,438. During this period GMR paid US$30,327,644 in concession fees to government.
GMIAL’s pre-tax profit for the first nine months of 2012 was US$31,668,384, on total revenue of US$184,641,985 (US$125,193,817 of this consisting of fuel sales).
MACL’s own net profit was US$14.9 million in 2008 and US$16.6 million in 2009 – the last two full years in which it operated the airport prior to the concession agreement coming into force. In 2010, this increased to US$21.4 million, and in 2011, US$27.4 million.
Fuel sales
The AG’s report examines fuel sales at the airport in light of the new government’s criticisms of GMIAL’s management, in particular an increase in prices it claimed had driven away airline operators.
The analysis showed “a mixed picture”, according to the AG’s report. Sales had dropped to 143 million litres in 2009 from 160 million litres in 2008, but rose from 166 million litres in 2010 to a five-year high of 173 million litres in 2011. The figure dropped to 152 million litres in 2012 – almost entirely due to a decision by SriLankan Airlines to stop fueling its London-Colombo route in Male.
“Until 2012, Sri Lankan Airlines’ daily London-Colombo flight called at Male’ to refuel but no longer does so; SriLankan Airlines told us that the increased price of fuel at Male’ was one of the reasons they stopped doing so. In 2011, Sri Lankan Airlines bought some 18 million litres of fuel, so this change along represents a significant reduction in airport fuel sales,” the report suggested.
It also noted that the Ministry of Tourism had blamed a 25 percent decline in seat capacity on routes from Europe between 2010 and 2012 on higher fuel prices, although this hypothesis did not appear to be reflected beyond SriLankan Airlines in the amount of fuel sold in 2012.
Bidding process
The report examined the bidding process conducted by the World Bank’s International Finance Corporation (IFC) in which the airport was awarded to GMR. The report stated that evidence to back allegations of “improper interference” during technical bidding process “is not conclusive on this point”, and deferred the matter to the Anti-Corruption Commission (ACC).
However, the report noted that the IFC’s terms of reference involved “securing the best deal for the government in terms of the concession fee paid to the government and MACL, and did not consider impacts on the Maldivian economy.”
“Such impacts could be both negative and positive,” the report suggested.
“For example, there has been concern that Maldivian businesses working at the airport might not have their contracts renewed, and that proposed commercial development at the airport would take business away from existing local businesses. Conversely, Scott Wilson’s work in 2008 suggested that successful development of the airport could benefit employment both at the airport itself and more widely in the Maldivian economy, and the rents from commercial development could increase the concession fee paid to the government,” it explained.
Future
The report noted that at time of publication, the government had not announced how it intended to take forward development of the airport, but noted that Universal Chairman Mohamed Umar Manik and four other directors had been appointed to the board of Male’ International Airport Limited (MIAL). Bandhu Ibrahim Saleem has meanwhile been appointed Managing Director.
According to an independent engineering report, as of October 31 2012 GMR Male International Airport (GMIAL) had completed 25 percent of the refurbishments and upgrades to Ibrahim Nasir International Airport planned for the end of 2014, and had been invoiced by its contractor for US$69 million.
“Significant progress had been made in some areas – for example, 87 percent of the material for land reclamation had been dredged,” the AG’s report noted.
However, according to the engineering report, work was 155 days behind schedule after the new government order GMIAL to stop work “pending regulatory approvals”.
“In the meantime, all work on the ground on the improvement to the airport has ceased. Sensitive elements of the new structures that had been planned by [GMR] are incomplete and exposed to the weather and at risk of damage – possibly closing off the option of re-using these elements to reduce the cost of any future development of the airport,” the report concluded.
Read the full report (English)
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"... but noted that Universal Chairman Mohamed Umar Manik and four other directors had been appointed to the board of Male’ International Airport Limited (MIAL). "
There we are. The slave drivers of the Maldives are now in charge of this airstrip. If you can't see why GMR was kicked out, they you are blind.
I agree that the GMR deal wasn't perhaps the best deal for the Maldives. But what I know for sure is that with that lot mentioned above in charge, you're in for another 50 years of misery and hardship, whilst they siphon off any profits for themselves.
Nice work, if you can get it.
All i want to say is the changes GMR had brought look very dull. Especially the area around the arrival area. Looks like a warehouse.
Whats the point of showing this imaginary drawing. The changes they had brought looks nothing similar to it.
Of course, Nasheed and his victims will see nothing wrong with the GMR deal since Nasheed and some of his elite buddies were getting huge funds from GMR.
Even GMR is now putting lot of effort and money for Nasheed campaign and this will be hard for the Nasheed supporters to digest.
We need to ask the questions why GMR is spending millions on Nasheed campaign ? I am not even talking here few hundre thousands and I am talking about millions.
Why GMR is behind Nasheed ? THis is only because they are sure of getting back the airport if Nasheed win the election and then GMR will be able to get the airport where they will be earning the highest profit from this small airport in m,ill ions.
Ecven Andrew , the MD of GMR is actively campaigning here in Maldives right now? Why the MD need to be here now?
Exis bank can not go behind the loan guarantor first, they need to go behind the people who had taken the loan first and take the legal actions against the GMR. Once they exhaust all legal proceedings with GMR, then only they can come after Maldives.
But here Minivan is trying to mislead the people to create a fear among people thinking that entire Maldives will be afraid and will run behind the government to give away the airport back to GMR.
@Mohamed A baby in womb looks nothing similar to a human being. You need to give mother a full nine months to get the work done. Enough said.
@Kuribee Axis bank can certainly go after guarantor. That is why they are doing this. What is the need of guarantor, if in case of default only the borrower is to be prosecuted. You need to learn a lot about law, world and logic. I guess hatred of India and your ex-President blind you. As for GMR spending millions for Nasheed's campaign, a country whose total forex reserve is a few million dollars - no body would spend that kind of money to influence results.
Virendra.
Exis Bank cannot go after guarantor before going behind GMR? You better learn the law and best practices.
Tell me what Andrew and other senior officers from GMR are doing here in Maldives.
GMR is spending huge amount of money on Nasheed campaign it is the fact.
Why they are spending ? Look at the GMR profit from 3 airports that they were running in 2010 and 2011. They earn the 500 times more money from Maldives airport than other airports.
Out of three one was making losses where as other was barely making some profit.
This is why they are spending huge amount of money , thinking that they can bring back Nasheed and then take over airport.
This makes sense when you think from the point of view of GMR? These money are an investment that they are making for future.
But I guess people like you whom I supposed to be working with GMR will try to divert the attention and justify the cause.
But we all are not idiots too.
Shows how thick Kuribee is, he can't even get the name of the bank correct. If he can't read the article in front of his eyes how can he claim to understand international laws on banking loans.
hey Kuribee it's AXIS Bank, you idiot not EXIS
look like you have got yourself a full time job as spin doctor Kuribee.
C'mon guys, don't be so harsh on Kuribee. He just needs enough money for another hit of heroin.
Maybe I'll quit this drug business and come clean. I hate having to watch and do nothing while idiots like him wreck Maldives.
here we sees who are getting money from GMR and who are blind supporter of idiot Nasheed.
Hey Kuribee, you can buy from me. I wont put rat poison like that cheapo over there does. I'll just put in some ground glass to pack it out and give it an extra kick.
Kuribee is like a lot of Maldivians with an exaggerated idea of their own worth and importance.
The truth is that Maldives is a small insignificant country with an even smaller economy.
It surprises me that you can afford to run an international airport at all.
Even if Nasheed is re elected, Indian infrastructural companies, including GMR, should avoid Maldives like the plague.
@mohammed: you fool the airport u see in the drawings are supposed to come at another loccation. Not built on the present mud wall hen coop of an airport!
Even the Indian Government has stopped GMR taking US$25 from out-going foreign passengers they were levying at Delhi Airport. So why should the Maldives pay this tax. GMR was supposed to bring in direct foreign investment not squeeze the the local tourists.