Tag: border control system

Nexbis gave laptops as “bribes” in border control project: ACC

Malaysian security firm Nexbis offered laptops as “bribes” to the Department of Immigration and Emigration’s staff to proceed with a border control project, the Anti- Corruption Commission has said.

In a statement today, the ACC said Nexbis had given 14 inch Lenovo laptops to senior staff at the Department of Immigration on May 10, 2012 in order to “increase Immigration staff’s interest for the project, and to obtain their cooperation so that Nexbiz could proceed with the project.”

The government signed a concession with Nexbis in 2010 to install and operate a border control system. However, in 2011 the ACC ordered the government to terminate the contract claiming that then-Immigration Controller Ilyas Hussain Ibrahim and a Finance Ministry official had abused their authority for undue financial gain in awarding Nexbis the MVR500 million (US$39 million) project.

Nexbiz appealed the commission’s order at the Civil Court. While the Civil Court ruled the ACC did not have the authority to terminate the contract, the High Court later overturned the lower court’s ruling.

In August 2013, the government terminated the agreement citing unspecified “major losses” to the state and replaced the project with a Personal Identification Secure Comparison and Evaluation System (PISCES) provided by the US government. The parliament had also unanimously voted for termination of the contract in December 2012.

In September 2013, the Supreme Court upheld the Civil Court’s ruling declaring that the ACC did not have the legal authority to order the termination, noting the order was made after the agreement was signed.

Evidence

According to the ACC, the concession agreement does not list laptops under project deliverables. Although the concession agreement says Nexbis must provide mobile enforcement tools to enforcement officers, laptops are not included in these tools.

The steering committee in charge of the project told the ACC that the laptops were given in order to facilitate communication between the project’s stakeholders, to conduct border control training and to test the system.

However, the Immigration Department’s IT staff told the ACC that every immigration staff member had a desktop computer and that laptops were not necessary for the outlined tasks.

Evidence shows “the project’s steering committee accepted the laptops as a bribe to enable Nexbiz and gave laptops to other Immigration staff as a bribe,” the ACC said.

The commission has recommended the prosecutor general file bribery charges against the steering committee for accepting bribes and offering bribes to other staff.

The steering committee includes former Immigration Controller Ilyas Hussein Ibrahim, and staff members Abdulla Waheed, Ibrahim Ashraf, Saeed Mohamed, and Ali Saeed.

If found guilty, the five may be sentenced to five years in jail, banishment, or house arrest.

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PISCES “enhancements” will match Nexbis technology: Defence Minister

Defence Minister Mohamed Nazim has said that “enhancements” will be made to US Government-supplied border controls in the next few days, amidst allegations the technology is not an adequate replacement for the scrapped Nexbis system.

Amendments will be made to the Personal Identification Secure Comparison and Evaluation System (PISCES) installed this week in order to ensure the US technology “matches” the capabilities of a previous border system provided by Malaysia-based IT group Nexbis, Nazim told Minivan News yesterday (August 21).

Nexbis’ border control system, used at Ibrahim Nasir International Airport (INIA) since September 2012, was replaced on August 20 following the government’s decision to terminate its concession agreement for the use and management of the system.

The US-provided PISCES system would only provide one of several functions afforded by the “total solution” Nexbis had installed, alleged a local source experienced in working with both border control systems. The source spoke to Minivan News on condition of anonymity.

The two systems are not compatible – at present PISCES can handle just one of the many modules managed by technology provided by Nexbis, the source continued.

“Nexbis provided a total solution that not only allowed for checking of biometric data, but would also be used to process visas and work permits.”

By comparison, the source claimed that PISCES was expected to serve effectively as an extension of the US government’s own border tracking system, allowing the country – as well as Maldives officials – to monitor the movements of specific individuals passing through the country.

Meanwhile, Nazim claimed that PISCES, which went into operation at INIA yesterday (August 20), was continuing to be developed by US and local authorities in order to meet the criteria required by Maldives immigration officials.

“During training [to use the system], we realised that we needed to do enhancements,” he said.

US officials are continuing to work with authorities to provide PISCES technical support, which had been provided as a “free gift” by the US government under a Memorandum of Intention agreed in March this year, added Nazim.

Asked if the country’s border controls could be open to abuse while these enhancements were being implemented, Nazim responded that several amendments were expected to be completed in the coming days.

“Total solution” to be replaced with “terrorist tracking”

The Department of Immigration and Emigration has confirmed that the PISCES system came into operation yesterday morning, with officials representing Nexbis and the government present to oversee the transfer of technology.

The system was functioning and had been transferred without many issues after coming online this week, said Immigration Department Spokesperson Ibrahim Ashraf.

PISCES is still presently reliant on data from the Nexbis system, though technical staff from the Malaysian firm and the Immigration Department were currently working on transferring the necessary information, said Ashraf.

However, immigration officials today requested Minivan News contact the Ministry of Defence over alleged challenges resulting from the implementation of the PISCES system.

A spokesperson for the US Embassy in Sri Lanka reiterated comments made in an official statement released in March that the system had been “tailored to the Maldives’ specific border control needs”.

Nexbis last week rubbished the Maldivian government’s reasons for terminating their agreement to build and operate a new border control system, accusing human traffickers – fearful of a more comprehensive system – of being behind the decision.

“The US PISCES system that is meant to replace the MIBCS [Nexbis system] is not a border control system nor is it an immigration solution, rather it is a terrorist tracking system that simply captures information of travellers and Maldivians who transit in and out of the country,” read an official statement.

In June, the Maldives was placed on the US State Department’s Tier Two Watch List for Human Trafficking for the fourth consecutive year.

The PISCES system, designed by US tech firm Booz Allen Hamilton, has already been implemented in numerous other countries around the world, including Pakistan, Afghanistan, Iraq, and Thailand.

Nexbis’s statement also took issue with Defence Minister Nazim’s claims that the installation of its system was causing “major losses” to the state – this claim was reported in local media on August 6 when the Malaysian company was informed it had 14 days to vacate the country.

Nexbis contended that the official notice of the termination it had received contradicted the statement given by the Defence Minister.

The company argued that its system was also installed and operated free of charge, and that the US$2.8million it had billed the government was the amount due for the arrival and departure of foreigners as per the original agreement.

The terms of the agreement are governed under Singapore law, as are those of the GMR airport contract – terminated in November last year. The cancellation of this deal, the largest foreign direct investment in the country’s history, has led the GMR to seek US$1.4billion in compensation.

The Nexbis deal has been dogged by allegations of corruption since it was agreed under the government of former President Mohamed Nasheed in 2010. The failure of the Anti-Corruption Commission (ACC) to conclusively prove foul play in this respect has exonerated Nexbis from such charges, the company has claimed.

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Nexbis sends Maldives US$2.8 million bill for operation of border control system

Malaysian security firm Nexbis has invoiced the Department of Immigration and Emigration for US$2.8 million (MVR 43 million) for the installation and operation of its border control system in the country, in line with a concession agreement signed in 2010.

Immigration Controller Dr Mohamed Ali confirmed that Nexbis had submitted a bill seeking charges for the period its system has been in use, as work continues on replacing the Malaysian company’s border controls with new technology provided by the US government.

Immigration officials have said that although “testing” is currently underway on the new US-donated system, Nexbis’ border control technology remains in use at present.

Nexbis’ legal representatives in the Maldives, Suood, Anwar & Co, have requested that within 30 days, the country’s immigration officials pay the company its share of a fee levied on every passenger arriving and departing from the country, Sun Online has reported.

Under the concession agreement signed with the Maldives government, Nexbis levied a fee of US$2 from passengers in exchange for installing, maintaining and upgrading the country’s immigration system.  The company also agreed a fee of US$15 for every work permit card issued under the system.

Nexbis’ lawyers argued that the company had expected the fee to be included in the taxes and surcharges applied to airline tickets in and out of the country, according to local media, but said these payments had not been made due to the government’s “neglect” in notifying the relevant international authorities.

Neither Nexbis or Suood, Anwar & Co had responded to emails from Minivan News at time of press.

The bill from Nexbis follows parliament voting unanimously to terminate the agreement on 25 December 2012, in line with a recommendation from the Finance Committee alleging foul play in the signing of the agreement with former Immigration Controller Illyas Hussain Ibrahim.

Presenting the Finance Committee report to the floor, Chair MP Ahmed Nazim explained at the time that the “main problem” flagged by the Anti-Corruption Commission (ACC) was that the tender had not been made in accordance with the documents by the National Planning Council authorising the project.

The Finance Committee also recommended terminating the agreement over concerns it contained clauses to waive taxes to the company, Nazim said. He noted that imposing or waiving taxes was a prerogative of parliament under article 97(d) of the constitution.

Following parliament’s termination of the project in December, Nexbis sought a legal injunction to prevent any cancellation of the agreement while court hearings over the contract were still ongoing.

The company has sought to contest whether the ACC has the power to compulsorily request the government to cease all work in relation to the border control system agreement.

However, in April of this year, the High Court overturned a Civil Court ruling declaring the ACC could not terminate a border control system (BSC) agreement signed by the Department of Immigration with Malaysian mobile security firm Nexbis.

The High Court ruling (Dhivehi) cleared the way for the Civil Court to hear the case filed by the ACC should it be resubmitted.

Nexbis has emphatically denied allegations of corruption, previously speculating that “criminal elements supporting human trafficking” were seeking to sabotage the agreement.

Alternate technology

Department of Immigration and Emigration Spokesperson Ibrahim Ashraf has said he had not been made aware of any official request from Nexbis for payments beyond media reports, and declined to comment on the issue.

Ashraf did confirm that immigration officials were continuing to use the Nexbis system while border control technology being provided free of charge by the US government was under development.

“Testing of the [US] system is now going on, so the Nexbis border control technology remains in use,” he said. “Some minor adjustments have to be done to the [US] system to customise it to our needs.”

US border system

In March this year, the US government signed a Memorandum of Understanding (MOU) to provide the Maldives with a border system after several years of uncertainty and legal wrangling over the future of the country’s immigration controls.

Following the signing of the MOU, Nexbis said it had not been consulted or provided with any details of the US government’s agreement to provide the new system to the Maldives.

Representatives for the Malaysian company at the time expressed uncertainty over what the MOU would mean for the group’s own border control technology that has been in use since September 2012, as part of its concession agreement with the government.

Lawyers representing Nexbis said at the time that they were confident the Maldives government would “honour” its contractual obligations under the 2010 concession agreement.

“We are confident also of the support we have received by the Immigration Department in implementing and fully operating the system, but remain cautious of individuals who continue to pose obstacles to prevent the success of this project is stemming the national security issues faced by the Maldives today,” read a statement.

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Former immigration controller pleads not guilty to corruption charges

Former Controller of Immigration and current State Minister for Defence Sheikh Ilyas Hussain pleaded not guilty to corruption charges at the Criminal Court on Wednesday (April 10).

Ilyas – brother-in-law of President Dr Mohamed Waheed – was charged with abuse of authority to benefit a third party in awarding a contract to Malaysia-based mobile security firm Nexbis to establish a border control system (BCS).

At the first hearing of the trial, Ilyas’ lawyer requested 30 days to study the evidence presented against the ex-controller. Chief Judge Abdulla Mohamed reportedly granted the defence counsel’s request.

Ilyas is accused of omitting from the concession agreement clauses that required Nexbis to provide 29 scholarships and 200,000 identity cards free of charge. The clauses were in the original technical proposal submitted by Nexbis to the tender evaluation board.

If convicted, the state minister could face either a jail term of up to three years, banishment or house arrest.

The case against Ilyas was forwarded to the PGO in December 2011 by the Anti-Corruption Commission (ACC). In September 2012, the ACC informed parliament’s Finance Committee that the BSC agreement would cost the Maldives MVR 2.5 billion (US$162 million) in potential lost revenue over the lifetime of the contract.

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Nexbis not consulted over US border control deal

Malaysian mobile security firm Nexbis has said it has not been consulted or provided any details regarding a Memorandum of Understanding (MOU) signed Thursday (March 28) by the US government, to provide a border control system to the Maldives.

Representatives for the Malaysian company said it was uncertain what the MOU would mean for the group’s own border control technology that has been in use since September 2012, as part of a troubled concession agreement with the Maldives government.

Nexbis signed a “legally binding” deal in 2010 to provide a customised border control system under a ‘build, operate and transfer’ agreement to Maldivian authorities that still remains in use at present. The deal is presently the subject of legal wrangling over whether the Anti-Corruption Commission (ACC) has the power to demand termination of the contract. Parliament has also voted to cancel the system, but this is subject to a court injunction.

Earlier this week, Immigration Controller Dr Mohamed Ali said it was too early to tell if the new border controls being provided for free by the US would be a direct replacement for the system provided by Nexbis.

Lawyers representing the Malaysian firm have told Minivan News that official enquiries had now been sent to the Department of Immigration and Emigration and the Maldives Ministry of Defence, while attempts were also being made to contact the government over where their agreement now stood.

“We do remain confident that the Maldivian government will honour its obligations under the 2010 concession agreement,” read a statement from lawyers representing the company.

“We are confident also of the support we have received by the Immigration Department in implementing and fully operating the system, but remain cautious of individuals that continue to pose obstacles to prevent the success of this project is stemming the national security issues faced by the Maldives today.”

The border control system project contract was awarded to Nexbis for a period of 22 years by the previous government, however, parliament voted unanimously to terminate the agreement in December 2012 over allegations of “foul play”.

Nexbis has refuted allegations of corruption, later seeking a legal injunction in the country to prevent any cancellation of the agreement while court hearings over the contract were still ongoing.

Under the concession agreement, Nexbis’ lawyers said the company continues to work with the Maldives government and immigration department to personalise the system and its various components.  The company claimed the developments were a result of its own investment in the project, with the implementation taking place at no direct cost to the government.

Under the agreement, Nexbis agreed to levy a fee of US$2 from arriving and departing passengers in exchange for installing, maintaining and upgrading its immigration system, and a fee of US$15 for every work permit card issued.

Lawyers for the company added that it planned to continue working with state officials on developing the system going forward.

“There are more features and functionality of the system that will progressively be rolled out by the Department of Immigration for nationwide enforcement, foreign worker management and automation as well as further enhancements to security that will aid the government to address human trafficking issues and illegal foreign workers,” read a statement from Nexbis representatives.

US agreement

Defence Minister Mohamed Nazim and US Ambassador to Sri Lanka and the Maldives Michele J Sison signed an MOU that will see a US technical team coming to the country next month to begin work on planning and implementing a border system, according to local media.  The system is scheduled to be installed by June this year.

Defence Minister Nazim said during the signing that the system proposed under the MOU would be provided free of charge to the Maldives in a move he estimated would save the country MVR500 million (US$35 million), according to Sun Online.

Minivan News was awaiting a response from Nazim at time of press.

Local media reported that the border controls would be based around the US Personal Identification Secure Comparison and Evaluation System (PISCES).  The same technology is reported to be used not only at US airports, but in a number of other countries including Pakistan, Afghanistan, Iraq and Thailand.

Maldivian staff are also expected to receive training on using the biometric-based system, as well as assistance with any expansion to the system in future, Sun Online has reported.

Immigration sources had told Minivan News earlier this month that the country faced a potential return to “pen and paper” border controls should the government be made to cancel its agreement with Nexbis without an adequate replacement.

Nexbis has meanwhile refuted allegations of any corruption or wrong-doing in the awarding of the contract, and said it would not rule out criminal involvement behind attempts to “sabotage” the deal.

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US to provide Maldives with cost-free border control system

The US government has signed a Memorandum of Understanding (MOU) with the Maldives government to provide it with a border system after several years of uncertainty and legal wrangling over the future of the country’s immigration controls.

Defence Minister Mohamed Nazim and US Ambassador to Sri Lanka and the Maldives Michele J Sison signed an MOU that will see a US technical team coming to the country next month to begin work on planning and implementing a new border system, according to local media. The system is scheduled to be installed by June this year.

Speaking to Minivan News , Immigration Controller Dr Mohamed Ali said it was too early to tell if the new border controls would be a direct replacement for the system provided by Malaysia-based IT group Nexbis.  Nexbis is currently awaiting a decision by higher courts in the Maldives over whether anti-corruption authorities have the right to terminate its agreement with the government.

“We will have to see [what the agreement means for the government’s concession agreement with Nexbis]. Details need to be worked out,” stated Dr Ali, who did not elaborate further.

Immigration sources had told Minivan News earlier this month that the country faced a potential return to “pen and paper” border controls should the government be made to cancel its agreement with Nexbis without an adequate replacement.

The Nexbis border control system is still presently in use by immigration officials at Ibrahim Nasir International Airport (INIA), after the Supreme Court issued an injunction halting the scrapping of the controversial system by parliament.

Cost-free system

Defence Minister Nazim said that the system proposed under the MOU would be provided free of charge to the Maldives in a move he estimated would save the country MVR500 million (US$35 million), according to Sun Online.

Local media reported that the border controls would be based around its Personal Identification Secure Comparison and Evaluation System (PISCES).  The same technology is reported to be used not only at US airports, but in a number of other countries including Pakistan, Afghanistan, Iraq and Thailand.

Maldivian staff are also expected to receive training on using the biometric-based system, as well as assistance with any expansion to the system in future, Sun Online has reported.

Prior to the announcement of the MOU, former Immigration Controller and now State Defence Minister Ilyas Hussain Ibrahim was quoted in local media as raising concerns that US involvement in the border control system would allow the country to exert its influence on Maldivian affairs.

Ilyas told the Channel News Maldives publication that the system would serve to provide a “door for American influence” by allowing the US to take control of the system and use it to locate foreign nationals whenever it wished.

When contacted by Minivan News today, Ilyas said he did not have any comments on the matter as he was no longer involved with the immigration department, and requested any questions be forwarded to Defence Minister Nazim.

However, Nazim asked that any questions regarding the system be sent to him by email. Minivan News was awaiting a response at time of press.

Earlier this month, outgoing Indian High Commissioner Dnyaneshwar Mulay formally handed over a new Advance Passenger Information System (APIS) to immigration authorities at INIA that was designed to provide passport information and other details of incoming travellers before their arrival.

The system was not intended to be a direct replacement for the existing border control system provided by Nexbis, authorities said at the time.

Nexbis

Nexbis is currently involved in legal wrangling over whether the Maldives’ Anti-Corruption Commission (ACC) has the power to compulsorily request the government to cease all work in relation to the border control system agreement.

While refuting allegations of any corruption or wrongdoing in being awarded a contract under the previous government to install and operate a border control system for the Maldives, Nexbis earlier this year said it would not rule out criminal involvement behind attempts to “sabotage” its contract with the government.

However, a source with knowledge of current immigration practices had previously said no alternative border control system was available should the government terminate its concession agreement with Nexbis.

“So far we don’t have any alternative to the [Nexbis] system going forward. We are using the system and waiting for the courts to decide. However, if the court decides [in favour of the ACC], we will need a new system in place,” the source told Minivan News. “Without [an alternative], the system would go haywire. A replacement would have to be found. We cannot go back to the 1970s and just use books and paper.”

Minivan News was awaiting a response on the MOU from Nexbis’ local legal representatives at time of press.

Human trafficking

The MOU has been signed at a time when the Maldives has come under increasing scrutiny regarding its immigration control.

The country has appeared on the US State Department’s Tier Two Watch List for Human Trafficking for three years in a row.

Back in January this year, the Ministry of Foreign Affairs inaugurated an initiative aimed at raising awareness of human trafficking issues in the Maldives.

Despite these commitments, the Human Rights Commission of Maldives (HRCM) has accused state and private sector employers in the country of lacking consistency in their efforts to address human trafficking, preventing “real” change in controlling illegal migration.

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Maldives facing prospect of ‘pen and paper’ border control should Nexbis fall through

Maldivian border control faces an uncertain future and a potential reversion to a ‘pen and paper’ system, an informed immigration source has warned.

The warning follows the donation of a passenger information system by the Indian government, in a bid to strengthen the Maldives’ ability to monitor arrivals.

The new Advance Passenger Information System (APIS), which is designed to provide passport information and other details of incoming travellers before their arrival, was formally handed to Maldivian officials on Sunday (March 17) by outgoing Indian High Commissioner Dnyaneshwar Mulay.

The system has been in place at Ibrahim Nasir International Airport (INIA) for the last few months and is one of a number of components used by immigration officials.

According to the Indian High Commission, the system was requested by the previous government and installed by a special technical team to ensure it functions correctly.

The APIS technology is not however a direct replacement for the existing border control system, provided by Malaysia-based Nexbis, authorities in the country have said.

Nexbis is currently involved in legal wrangling over whether the country’s Anti-Corruption Commission (ACC) has the power to compulsorily request the government to cease all work in relation to the border control system agreement.

The Nexbis border control system is still presently in use by immigration officials at INIA, after the Supreme Court issued an injunction halting the scrapping of the controversial system by parliament.

However, a source with knowledge of current immigration practices said no alternative border control system was available should the government terminate its concession agreement with Nexbis’.

“So far we don’t have any alternative to the [Nexbis] system going forward. We are using the system and waiting for the courts to decide. However, if the court decides [in favour of the ACC], we will need a new system in place,” the source told Minivan News. “Without [an alternative], the system would go haywire. A replacement would have to be found. We cannot go back to the 1970s and just use books and paper.”

The Indian APIS system will speed up the processing of arrivals through the immigration gates, as well as improve wider resources available to immigration officials, the source said.

APIS system is an internationally recognised means of collecting passenger data before an individual arrives at their destination, designed to allow immigration authorities to know if anyone on an incoming service is included on a watch-list or travel ban, authorities have said.

“Use of the system is mandatory for some countries, though not for the Maldives yet,” the source added. “Before they arrive, the system can identify if a passenger is on a watch-list and spot them. This process can be done much quicker now [by immigration officials].”

The data included within the APIS is provided by two of the world’s largest air authorities including the International Air Transport Association (IATA).

Although its use is mandatory for all services into Europe, the service is not at present required for all flight services to the Maldives, according to the source.

“Now we need a mandatory legal framework to make airlines coming into the country comply,” added the source. “There is a heavy charge for using this software, but I don’t think we have to pay at the moment as India has donated the technology.”

Despite legal wrangling over the future of the controversial border control agreement with Nexbis, the same source added that APIS would be compatible with any system used by authorities.

Immigration Controller Dr Mohamed Ali was not responding to calls from Minivan News at time of press.

Trafficking  concerns

While refuting allegations of any corruption or wrongdoing in being awarded a contract under the previous government to install and operate a border control system for the Maldives, Nexbis earlier this year said it would not rule out criminal involvement behind attempts to “sabotage” its contract with the government.

Immigration control has become a massive issue for the Maldives in recent years with the country appearing on the US State Department’s Tier Two Watch List for Human Trafficking for three years in a row.

Back in January this year, the Ministry of Foreign Affairs inaugurated an initiative targeted at raising awareness of human trafficking issues in the Maldives.

Despite these commitments, the Human Rights Commission of Maldives (HRCM) has accused state and private sector employers in the country of lacking consistency in their efforts to address human trafficking in recent years, preventing “real” change in controlling illegal migration.

Speaking back in February 2013, HRCM member Jeehan Mahmoud told Minivan News that despite attempts under the present government to try and introduce new legislation, the Maldives had made little progress towards improving the treatment and rights of foreign workers over the last four years.

Addressing the current scope of unregistered foreign labour, Maldives Association of Construction Industry (MACI) President Mohamed Ali Janah said an estimated 40 percent of the foreign employees in the sector were thought not to be legally registered.

Considering these numbers, Janah said he too could not rule out the involvement of organised crime within some of the country’s employment agencies, which supply a large amount of foreign labour to building sites in the Maldives.

Correction:  A previous version of this article incorrectly stated that the Supreme Court was set to rule on whether Nexbis’ agreement with the Maldivian government to install and operate a border control system was legal.  The court case is actually being held to decide on whether the ACC has the power to order a halt to the project.  Minivan News has corrected the error.

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India and US were never going to donate border control system: Immigration Controller

Controller of Immigration Dr Mohamed Ali has dismissed claims that India and the US had proposed to donate a border control system to the Maldives.

According to local media, the Anti-Corruption Commission (ACC) had previously stated that India and the US had proposed to set up a border control system free of charge.

The current border control system project contract has been awarded to the Malaysian company Nexbis for a period of 22 years by the previous government, however last month parliament voted unanimously to terminate the agreement over allegations of “foul play”.

Speaking on Television Maldives (TVM), Ali said the Foreign Ministry had confirmed that neither America nor India had proposed to donate the border control system.

“No country has proposed such a system free of charge. I have written to the Foreign Ministry last week and have got it in writing. They said that no country has made such an offer,” Ali was quoted as saying in Sun Online.

According to Ali, the Maldives is currently using US$2.3 million worth of passport reading machines installed in 2003. However the machines are incapable of reading the required software, so Nexbis had won a bid to upgrade the current system.

“The meaning of border control is that, when a foreigner enters the country, we are able know his whereabouts, know when he checks out of one hotel and checks into another, and know how long the person has stayed so that all this will be notified to MIRA, and whatever taxes the person owes can be duly collected.

“For the construction worker, we need to know who brought him into the country, and the site where he is currently working. [The system] has to provide all this,” Sun Online quoted Ali as saying.

Last week the Ministry of Foreign Affairs stalled the handover of 8000 passports to their respective High Commissions claiming that details regarding the owners’ whereabouts still needed to be obtained by immigration authorities.

State Foreign Minister Hassan Saeed said the Foreign Ministry would only deliver the passports to the respective consular authorities once immigration clarified the location of the owners, a task described as “huge” and “difficult” by Immigration Controller Dr Mohamed Ali.

In December last year, parliament voted unanimously to instruct the government to terminate the border control project agreement with Nexbis.

All 74 MPs in attendance voted in favour of the Finance Committee recommendation following a probe into the potential financial burden placed on the state as a result of the deal.

Presenting the Finance Committee report to the floor, Committee Chair MP Ahmed Nazim explained that the “main problem” flagged by the ACC was that the tender had not been made in accordance with the documents from the National Planning Council that authorised the project.

The documents were changed to favour the chosen party and facilitate the deal, Nazim said, which the ACC considered an act of corruption.

Nexbis is “systematically denying” any allegations of corruption, according to a company source, adding that if there was any foul play within the contract “we were unaware of it”.

Earlier this month, Vice President for Nexbis Nafies Aziz told Minivan News that “intelligence” received by the company suggested groups backing the country’s lucrative human trafficking industry could be seeking to stymie the introduction of its border control system to undermine national security controls.

Meanwhile, a source with knowledge of the present immigration and border control system said that should parliament’s termination decision be upheld, the Immigration Department would be returning to “a pen and paper system” for monitoring arrivals to the country.

The Ministry of Foreign Affairs inaugurated an initiative targeted at raising awareness of the issue of human trafficking in the Maldives at the beginning of January.

The Maldives has come under strong criticism internationally in recent years for the prevalence of human trafficking, and the country has appeared on the US State Department’s Tier Two Watch List for Human Trafficking three years in a row.

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Nexbis to challenge termination of Border Control System project

Additional reporting by Ahmed Naish.

Nexbis has said it will challenge parliament’s decision instructing the government terminate a Border Control System (BCS) project signed under the previous administration.

The Malaysia-based IT group has said it will seek a court injunction preventing any attempts to cancel the agreement whilst court hearings over the contract were still ongoing.

Speaking to local media on Tuesday (December 25), Home Minister Dr Mohamed Jameel Ahmed claimed the government would respect parliament’s unanimous decision to halt the BCS project agreement with Nexbis.

Dr Jameel told local newspaper Haveeru that it was “difficult to come up with an exact figure at present” for the level of compensation the government would potentially have to pay Nexbis after prematurely terminating a contract with the company.

The home minister was not responding to Minivan News at the time of press.

Yesterday’s vote on the deal was taken after Parliament’s Finance Committee claimed there had been foul play in the agreement signed between Nexis and the Maldives immigration department.

Prior to the parliamentary vote, an official spokesperson for Nexbis told Minivan News on December 23 that the company would “challenge” any decision by the Majlis to halt the BCS contract while court hearings were continuing in the country.

“We are asking the Supreme Court to intervene with the decision as we have come to be aware that the contract cannot be legally terminated if there is an ongoing legal case. Presently we have legal cases in the Civil Court, the High Court and the Supreme Court,” the Nexbis source added.

Meanwhile, Director of the Department of Judicial Administration Ahmed Maajid today (December 26) confirmed that to his knowledge, Nexbis was currently involved in ongoing cases within the Maldives’ judicial system.

Maajid added that on a legal basis, the contract between Nexbis and the government could not be terminated until all proceedings involving the company were concluded.

“There is a provision in the Judicature Act under Law 22, 2010 that basically states no public body can terminate a contract with a company that is involved in judicial proceedings in the courts,” he said,

“The government has made their decision based on the the Majlis’ vote. But the legality of that decision can be challenged at the Civil Court if Nexbis submit a case. They have a constitutional right to do so.”

The MVR 500 million (US$39 million) BCS project moved ahead this year after a series of high-profile court battles and delays that led Nexbis to last year threaten legal action against the Maldivian government should it incur losses for the work already done on the project.

The Malaysia-based mobile security provider has come under scrutiny by political parties who claim that the project is detrimental to the state, while the Anti-Corruption Committee (ACC) has alleged corruption in the bidding process.

Nexbis has denied any allegations of wrong doing within its contract.

Unanimous vote

Amidst these concerns, parliament voted unanimously yesterday (December 25) to instruct the government to terminate the border control project agreement with Nexbis.

All 74 MPs in attendance voted in favour of a Finance Committee recommendation following a probe into the potential financial burden placed on the state as a result of the deal.

Presenting the Finance Committee report to the floor, Chair MP Ahmed Nazim explained that the “main problem” flagged by the ACC was that the tender had not been made in accordance with the documents by the National Planning Council authorising the project.

The documents were changed to favour the chosen party and facilitate the deal, Nazim said, which the ACC considered an act of corruption.

Regarding allegations of corruption within the contract, the Nexbis source told Minivan News that the company is “systematically denying” any allegations of corruption, adding that if there was any foul play within the contract “we were unaware of it”.

Nazim stressed that the Finance Committee inquiry focused on the financial burden on the state and had discovered that the government would have to pay US$166 million to Nexbis over the course of the agreement.

Conversely, he claimed that the Maldivian government would only earn US$8 million as royalties during the agreement period.

Nazim noted that the Finance Ministry informed the committee that it was yet to receive a copy of the agreement two years after it was signed.

The Finance Ministry has also not included any funds in either the 2012 or 2013 budgets to pay for the project.

Nazim also accused the then-attorney general of “negligence” in the deal as he had not provided an official legal opinion to the Immigration Department in writing.

Recommendations by the former attorney general to amend the agreement could not be found in the documentation, he added.

Nazim said the Finance Committee concluded therefore that the best course of action would be to terminate the Nexbis agreement and install a different border control system at the earliest date.

Following the Finance Committee decision, the budget review committee has included a recommendation compelling the government to terminate the Nexbis agreement.

The Finance Committee also recommended terminating the agreement over concerns it contained clauses to waive taxes to the company, Nazim said. He noted that imposing or waiving taxes was a prerogative of parliament under article 97(d) of the constitution.

During the ensuing debate, MPs from both the formerly ruling Maldivian Democratic Party (MDP) and government-aligned parties spoke in favour of terminating the agreement.

Along with the decision to terminate the Nexbis deal, the government of President Dr Mohamed Waheed Hasaan Manik late last month also opted to void an airport development agreement with India-based infrastructure group GMR.

The GMR contract, a 25-year agreement to develop and manage an entire new terminal at Ibrahim Nasir International Airport (INIA), was the single largest foreign investment project in the country’s history.

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