CORRUPTION KEEPS UNITEL ON TOP IN GSM TENDER

C O N F I D E N T I A L SECTION 01 OF 02 SANAA 000954 SIPDIS SIPDIS E.O. 12958: DECL: 04/04/2016 TAGS: ECON ECPS EINV KMPI PGOV PINR YM SUBJECT: CORRUPTION KEEPS UNITEL ON TOP IN GSM TENDER REF: A. SANAA 221 ¶B. SANAA 23 Classified By: DCM Nabeel Khoury for reasons 1.4 (b) and (d). ¶1. (C) SUMMARY. On April 3, DCM met with Deputy Minister of Telecommunications, Abdullah Al-Hamami, to discuss the status of the ongoing GSM tender drama. (Ref A) In a candid discussion, the Deputy Minister stated that the law requires that the GSM license go to Unitel or to no one, despite Unitel's repeated failure to honor its bid offer. Hamami said that the contract went to Unitel by Cabinet decision. DCM also discussed moving forward on USG technical assistance available under the Trade and Investment Framework Agreement (TIFA) for improving Yemen's telecom regulatory framework. DCM then requested the release of Post communications equipment being held up for the past year at Sanaa International Airport. END SUMMARY. -------------- -- Tender Ends With Signed agreement, Bogus or Not -------------- -- ¶2. (C) DCM met Deputy Minister of Telecommunications (DMOT), Abdullah Al-Hamami, on April 3 to raise the issue of Yemen's ongoing GSM tender. The tender was awarded to Unitel in September 2005 for USD 149 million, but the company has since repeatedly proved unable to pay the license fee. Early claims of Chinese financing subsequently evaporated, as did a supposed operating deal with China Mobile. Nevertheless, on March 7 Unitel announced that it had reached a final agreement with financing from Gulf investors and began entering into business partnerships with Microsoft and other companies. ¶3. (C) Several days later, however, the Ministry of Telecommunications issued a statement declaring the deal null and void due to lack of funds. "The check bounced," said Tarik Al-Haidary, CEO of competitor Sabafon. Unitel claimed to have backers, said Haidary, but when the Ministry went to collect the funds, there was USD 50 in the account. Fathi Fahem, the local representative of Millicom, the third highest bidder, said Unitel executives publicly complained that they had already invested USD one million in bribes. There was much speculation that the license would fall to the next highest bidder, Omantel, but the ROYG has made no public statement to this effect. By some accounts, Omantel was so shocked by the tender proceedings that they are now looking for an honorable exit from their bid of USD 101 million. ¶4. (C) DCM asked Hamami about the current status of the tender, and inquired as to whether Unitel was officially disqualified. Surprisingly, the DMOT said that the ROYG still expects full payment from Unitel for the license, and claimed that a representative from the Central Bank of Yemen was currently in the UAE to verify the official transfer of Unitel funds for the license. Hamami stated that the tender process ended when the license agreement was signed with Unitel. In the event that Unitel cannot pay, continued Hamami, the award cannot be transferred to another bidder. According to the Ministry, the GSM license would be re-tendered if Unitel cannot pay. (NOTE: Prime Minister Bajammal earlier stated the exact opposite, saying that if Unitel did not pay, the ROYG would automatically move to the next bidder. END NOTE.) -------------- Unitel Gets Support From the Top -------------- ¶5. (C) During the seven months since the license was signed, it has become clear that Unitel maintains high-level support. The ROYG granted Unitel at least three payment extensions, and has overlooked the fact that the company is not a mobile phone operator. Unitel and the ROYG initially suggested that the company would enter a partnership with China Mobile, but now acknowledge that there is no Chinese investment. Najib Abdul-Illah, Administration Director for Unitel, said the operator would be "a recognized company, most likely from Europe." (NOTE: The tender document clearly states that the license must go to a recognized international operator. END NOTE.) ¶6. (C) Many observers now believe that Unitel's nine lives stem from the fact that the President's son, Ahmad Ali, is a silent partner. Fahem said this was confirmed by Yahya Saleh, the President's nephew, who invited him to participate in the family venture. In a recent public appearance, Unitel Deputy CEO Salman al-Mashdali thanked President Saleh and Prime Minister Bajammal directly for supporting his company. Mashdali also thanked the Minister of Telecommunications for his backing "from day one" of the tender. The Unitel SANAA 00000954 002 OF 002 executive also announced that the company had obtained a site-sharing agreement from Yemen Mobile, a government-owned CDMA company, in which Ahmad Ali is also said to be a partner. This would give Unitel immediate access to 500 transmission towers, but is another clear violation of competition rules under the tender document. -------------- Eye-to-Eye on Corruption in Tendering -------------- ¶7. (C) DCM shared his view that those in power benefit from the status quo and stand in the way of reform. He told the Minister that the credibility of Yemen was damaged as a result of this tender, and reiterated the USG position that international tenders must be conducted in a fair and transparent manner to attract serious foreign investment. DCM stressed that without a demonstrable turn-around in the political will of the ROYG, readmission to the Millennium Challenge Account and accession to the WTO were unlikely. Hamami largely agreed, noting that in the past telecom tenders were handled according to technical requirements. As the profits in question increased, however, this process has deteriorated. -------------- Telecom Resists Regulatory Reform -------------- ¶8. (C) DCM informed Hamami that post is prepared to initiate a USD 200,000 advisory project to help create an independent telecom regulatory authority in Yemen, but that the Minister's approval is required. The program would be funded by MEPI in support of TIFA activities, and executed by Booz Allen Hamilton. The Minister of Telecommunication had agreed in principle to the initiative during a January meeting with Ambassador. (Ref B) Hamami revealed that the Minister would only accept the regulatory agency if it allowed him to remain in charge. DCM told Hamami that the regulatory body should be independent of the Ministry to ensure transparency and remove the potential for political corruption in the sector. Hamami said that he would relay the conversation to the Minister and contact post about the program. -------------- -- Emergency Communications Equipment Held Hostage -------------- -- ¶9. (C) Finally, DCM brought up the issue of post's emergency communications equipment that has been sitting at Sanaa International Airport for close to one year. He told the Deputy Minister that post has received all of the clearances necessary for the release of the equipment and all that is needed now is a letter of permission from MOT for its release. Hamami replied that he had heard that the Political Security Organization still objected to the Repeater equipment being released. He also revealed that post must first pay approximately USD 44,000 for the use of VSAT services supplied by the ROYG. That amount represents two years' service debt unpaid. The DCM said that no one in MOT had ever mentioned this, and that no bill was received at the Embassy. He told Hamami to forward the bill to the Embassy for review. DCM said that the two issues were in any case unrelated, and reminded Hamami of the most recent dipnote on the matter. Hamami understood and agreed to get back to post after checking. -------------- A Silent Partner? -------------- ¶10. (C) COMMENT: Utter confusion reigns within the ROYG regarding the GSM license. By MOT's own admission, the rules of the tender document clearly state that Unitel should be eliminated from contention for the GSM license. Instead, the ROYG has bent over backwards to provide extensions and exceptions for the company. It now seems clear that as long as it enjoys the support of the President's family, it can do no wrong. By awarding Unitel the tender and shopping for financing afterwards, the President's family has demonstrated that they know how to take money, but not how to make it (although their friends in Saudi Arabia and UAE may still bail them out). Greed for an ever-greater share of Yemen's small pie has turned a previously reputable telecom sector into a joke. Some of the damage could be corrected through proper regulatory policy, but Yemen's elite appear more interested in preserving the status quo. END COMMENT. Krajeski