Tag: nexbis

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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No legal authority for ACC to prevent signing of Nexbis contract, Supreme Court rules

The Supreme Court has ruled that the Anti-Corruption Commission (ACC) did not have the legal authority to order the Department of Immigration and Emigration not to sign a contract with Malaysian mobile security firm Nexbis in 2010, to establish a border control system (BCS).

The apex court today overturned a previous High Court judgment, which itself overturned a Civil Court ruling last year declaring that the ACC did not have legal authority to terminate the contract signed with Nexbis in November 2010.

However, the High Court judgment was appealed by Nexbis at the Supreme Court, which today ruled in favour of the Malaysian company.

The controversial BCS project was terminated by the government in August this year and replaced by the Personal Identification Secure Comparison and Evaluation System (PISCES) provided by the US government on August 20.

According to local media reports, today’s Supreme Court judgment was delivered with the unanimous consent of all seven Justices on the court bench. However, Chief Justice Ahmed Faiz Hussain and Justice Muthasim Adnan noted different points to the other five.

Delivering the majority decision at today’s hearing, Justice Abdulla Saeed reportedly said that the High Court violated judicial and legal principles in overturning the lower court verdict, noting that the ACC’s order was made after the agreement was signed.

Referring to domestic contract laws and the ACC Act, the Supreme Court upheld the Civil Court ruling, which had determined that the ACC did not have the legal authority to order the Immigration Department to terminate the BCS project based on alleged corrupt dealings.

The Supreme Court had also previously overturned a High Court injunction blocking the implementation of the BCS project, prompting ACC Chair Hassan Luthfy to claim that the independent body had been rendered powerless.

“If this institution is simply an investigative body, then there is no purpose for our presence,” Luthfy said in September last year. “Even the police investigate cases, don’t they? So it is more cost effective for this state to have only the police to investigate cases instead of the ACC.”

Luthfy contended that the ruling had rendered the ACC powerless to prevent corruption, even if it was carried out on a large scale.

“In other countries, Anti Corruption Commissions have the powers of investigation, prevention and creating awareness. If an institution responsible for fighting corruption does not have these powers then it is useless,” he argued.

Corruption allegations

In December 2011, the ACC submitted corruption cases to the Prosecutor General’s Office (AGO) against former Immigration Controller Ilyas Hussain Ibrahim and Director General of the Finance Ministry, Saamee Ageel, claiming the pair abused their authority for undue financial gain in awarding Nexbis the MVR 500 million (US$39 million) BSC project.

Ex-controller Ilyas – brother-in-law of President Dr Mohamed Waheed and current state minister of defence and national security – pleaded not guilty to the charges at the first hearing of the trial on April 10 this year.

Meanwhile, on December 25, 2012, parliament voted unanimously to instruct the government to terminate the BSC agreement with Nexbis.

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

In September 2012, the ACC informed the committee that the deal would cost the Maldives MVR 2.5 billion (US$162 million) in potential lost revenue over the lifetime of the contract.

The Finance Committee meanwhile found that the government had agreed to waive taxes for Nexbis despite the executive lacking legal authority for tax exemption.

Following the signing of a Memorandum of Understanding (MoU) with the US government in March this year to provide a border control system to the Maldives, representatives from Nexbis told Minivan News that the company was uncertain what the MOU would mean for the group’s own border control technology.  The technology has been in use at Ibrahim Nasir International Airport (INIA) since September 2012.

“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.”

Concession agreement

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 in July 2013 invoiced the Department of Immigration and Emigration for US$2.8 million (MVR 43 million) for the installation and operation of its border control technology in line with the concession agreement – requesting payment be settled within 30 days.

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.  However, lawyers argued these payments had not been made due to the government’s “neglect” in notifying the relevant international authorities.

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Immigration Department denies vital components missing from replacement border system

The Department of Immigration and Emigration has rejected accusations that a replacement border control system provided by US authorities will not be fit for purpose without “enhancements” currently being made to the technology.

An immigration source speaking on condition of anonymity last week told Minivan News that the Personal Identification Secure Comparison and Evaluation System (PISCES) – provided free of charge by the US government – was not an adequate replacement for the previous system provided by Malaysia-based Nexbis.

The PISCES system would only provide one of several functions afforded by the “total solution” installed by Nexbis under an agreement recently scrapped by the government, alleged a local source experienced in working with both border control systems.

“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,” the source claimed at the time.

Enhancements underway

Chief Superintendent of Immigration Zubair Muhammad today confirmed that enhancements were continuing to be made to the functionality of the PISCES since its installation as a direct replacement for the Nexbis system earlier this month.

Asked for more details on the nature of changes being made to PISCES, Zubair responded that a press conference had been scheduled for Sunday (September 1) at which representatives from the Ministry of Defence, the National Centre for Information Technology (NCIT) and immigration officials would discuss the ongoing work.

He also declined to provide details on whether any Immigration Department systems would have been affected by the changeover from the dismissed Nexbis technology at the present time.

Immigration Controller Dr Mohamed Ali meanwhile declined to comment on the PISCES technology when contacted today, and Defence Minister Mohamed Nazim had not responded at the time of press.

Nazim earlier this month claimed that both US and local authorities were continuing to develop PISCES since its introduction at Ibrahim Nasir International airport (INIA) to ensure it could meet the technical criteria required by immigration officials in the country.

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

Asked if the country’s border controls could be open to abuse while these enhancements were being implemented, Nazim had responded that several amendments were expected to have been completed over the last week.

Immigration Department Spokesperson Ibrahim Ashraf at the time said that the country’s border controls had been transferred from Nexbis’ technology to Pisces without many issues.

He added that PISCES was nonetheless reliant on data from the Nexbis system, with technical staff from the Malaysian firm and the immigration working on transferring the necessary information.

Nexbis agreement

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.

Nexbis has 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.

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.

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 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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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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US PISCES border system to come into use at midnight

The US granted Personal Identification Secure Comparison and Evaluation System – or PISCES – system will go live in the Maldives tonight, local media has reported.

The system, described as “a critical tool in the war on terrorism”, by its manufacturer Booz Allen will be implemented just weeks after the cancellation of the government’s deal with Malaysian IT firm Nexbis to supply a customised border control system.

While Defence Minister Mohamed Nazim was today reported as saying that PISCES is a direct replacement for Nexbis’s, the Malaysian company has argued strongly that it is not, labelling PISCES nothing more than a “terrorist tracking system”.

After years of wrangling over the deal, Nexbis was given 14 days to vacate earlier this month. Defence Minister Mohamed Nazim cited “major losses” to the state as the reason for the contract termination – an argument Nexbis has strongly refuted.

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Maldives government terminates Nexbis agreement, gives 14 days to vacate

The Maldives government has terminated its agreement with Malaysian security firm Nexbis to install and operate a border control system, giving it 14 days to vacate.

Defence Minister Mohamed Nazim local media that the disputed contract – signed under the previous government of former President Mohamed Nasheed in 2010 – was terminated by the cabinet yesterday over fears it was causing unspecified “major losses” to the state.

The termination was announced as immigration officials today said replacement technology being provided by the US government was not presently functional, with implementation “on hold” pending a legal hearing into the matter.

Department of Immigration Spokesperson Ibrahim Ashraf told Minivan News this morning that he had not personally been made aware of any decision by the government to terminate the agreement.

However, Ashraf confirmed that replacement technology being provided free of charge by the US government was “not 100 percent functional” at present.

“Because of legal issues, the project has been on hold,” he explained.

Immigration officials last month confirmed that “testing” had been underway on the new US-donated system, while Nexbis’ border control technology remained in use to monitor the arrivals and departures of foreign nationals

Ashraf referred further questions on the Nexbis system to Immigration Controller Dr Mohamed Ali, who was not responding to calls at time of press.

Nexbis is the second high profile foreign investment to be suddenly evicted by the administration of President Dr Mohamed Waheed in the past 12 months.

The government last November announced it was terminating a 25-year concession agreement with India-based GMR to construct and operate a new terminal at Ibrahim Nasir International Airport (INIA) in Male, giving the company seven days to vacate the country.

GMR is currently seeking compensation totaling US$1.4 billion from the government as part of arbitration proceedings to be heard in a Singaporean court, damages eclipsing the annual state budget.

Speaking to local media today, Defence Minister Mohamed Nazim was quoted as saying that the government expected to assume control of the country’s borders at the end of the 14 day notice period given to Nexbis.

He claimed that the US system was also “ready to be operational”, although no decision had yet been made to use the technology.

Attorney General (AG) Azima Shukoor added that discussions were presently being held with Nexbis over reaching an out of court settlement for terminating the contract, although she declined to provide any more details to media today.

“We assure you that the burden on the state will be far less with the termination of the agreement rather than continuing with it. We will take this process forward in the best interest of the state,” she was quoted as saying by Haveeru.

Concession agreement

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.

Both AG Azima and Defence Minister Nazim were not responding to calls at time of press.

Nexbis last month invoiced the Department of Immigration and Emigration for US$2.8 million (MVR 43 million) for the installation and operation of its border control technology in line with a concession agreement signed in 2010 – requesting payment be settled within 30 days.

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.  However, lawyers argued these payments had not been made due to the government’s “neglect” in notifying the relevant international authorities.

Minivan News was awaiting a response from Suood, Anwar & Co – the company’s legal representatives in the Maldives – at time of press.

Parliamentary vote

Parliament had voted 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 had 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.

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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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High Court overturns lower court ruling on Nexbis deal

The High Court on Thursday (April 18) overturned a Civil Court ruling declaring the Anti-Corruption Commission (ACC) could not terminate a border control system (BSC) agreement signed by the Department of Immigration with Malaysian mobile security firm Nexbis.

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

The Civil Court had ruled last year that it could not hear the case filed by the commission after previously declaring that the ACC did not have legal authority to terminate the contract signed with Nexbis in November 2010.

The ACC appealed the ruling at the High Court on February 27, 2012.

In December 2011, the ACC submitted corruption cases to the Prosecutor General’s Office (AGO) against former Immigration Controller Ilyas Hussain Ibrahim and Director General of the Finance Ministry, Saamee Ageel, claiming the pair abused their authority for undue financial gain in awarding Nexbis the MVR 500 million (US$39 million) BSC project.

Ex-controller Ilyas – brother-in-law of President Dr Mohamed Waheed and current state minister of defence and national security – pleaded not guilty to the charges at the first hearing of the trial on April 10 this year.

While the High Court had overturned the previous Civil Court ruling that held the ACC did not have legal authority to terminate a contract, the High Court ruling was itself appealed at the Supreme Court, which has yet to issue a judgment on the case.

Meanwhile, on December 25, 2012, parliament voted unanimously to instruct the government to terminate the BSC agreement with Nexbis.

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

In September 2012, the ACC informed the committee that the deal would cost the Maldives MVR 2.5 billion (US$162 million) in potential lost revenue over the lifetime of the contract.

The Finance Committee meanwhile found that the government had agreed to waive taxes for Nexbis despite the executive lacking legal authority for tax exemption.

Following the signing of a Memorandum of Understanding (MoU) with the US government in March this year to provide a border control system to the Maldives, representatives from Nexbis told Minivan News that the company was uncertain what the MOU would mean for the group’s own border control technology.  The technology has been in use at Ibrahim Nasir International Airport (INIA) since September 2012.

“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.”

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Former attorney general to keep advising government on Nexbis, GMR matters

Former Attorney General (AG) Azima Shukoor will continue to advise the government on two high-profile legal cases she has previously been involved in, despite being transferred to the Gender Ministry earlier this month.

The two cases involve the future of an agreement to implement a border control system supplied by Malaysia-based Nexbis and arbitration hearings resulting from declaring “void” a US$511 million airport concession agreement with India-based GMR void.

Shukoor, who was appointed as Minister of Gender, Family and Human Rights on April 10, said yesterday (April 13) that she intended to continue to serve on a team of lawyers working for the state on the cases involving Nexbis and GMR, local newspaper Haveeru has reported.

President’s Office Media Secretary Masood Imad has previously told Minivan News that the government had decided to transfer Shukoor as part of commitments to help oversee proposed legal reforms that could potentially end the use of flogging as a punishment for sexual offences.

The government has previously criticised the practice, which it alleged serves to punish victims of rape and sexual abuse in some cases.

The state has come under further pressure to review the handling of sexual offence cases from petition site Azaaz.org, which has threatened otherwise to call for a tourism boycott over a flogging sentence handed to a 15 year-old girl for ‘fornication’.

Shukoor has claimed in local media to have personally requested the president appoint her to the Gender Ministry on condition she would continue to work on the cases relating to Nexbis’ agreement and the arbitration hearings with GMR.

GMR arbitration

In November 2012, President Dr Mohamed Waheed’s government declared void a concession agreement signed by the previous government with Indian firm GMR to manage and build a new terminal at Ibrahim Nasir International Airport (INIA).  It then ordered the company to leave the country within seven days.

GMR is seeking US$800 million in compensation for the sudden termination, while the Maldivian government is contending that it owes nothing as the contract was void ab initio – meaning the contract was invalid from the outset.

Nexbis

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 as of this month.

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.

However, the US government late last month signed a Memorandum of Understanding (MOU) to provide a border control system to the Maldives. Representatives for Nexbis at the time said they had not been informed of the MOU signing or what it might mean for the company’s own agreement with the state.

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