NO BIG POWER STRUGGLE BEHIND CUSTOMS ARRESTS

C O N F I D E N T I A L SECTION 01 OF 02 RANGOON 000052

SIPDIS

SIPDIS

STATE FOR EAP/MLS; PACOM FOR FPA, TREASURY FOR OASIA:AJEWELL

E.O. 12958: DECL: 09/21/2016
TAGS: ECON PGOV ETRD BM
SUBJECT: NO BIG POWER STRUGGLE BEHIND CUSTOMS ARRESTS
C-AL6-02207

REF: A. RANGOON 1803

B. RANGOON 1466

C. RANGOON 982

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Classified By: Econoff TLManlowe for Reason 1.4 (b,d)


1. (C) Summary: Since June, police have arrested over 300
customs officials in an ongoing corruption investigation,
including the Director General, reportedly a Than Shwe
favorite. While some speculate that the regime acted to
increase revenues that were lost through bribes to customs
officials, others suspect a power struggle between top
leaders, Than Shwe and Maung Aye, to be the underlying cause.
While Maung Aye may relish the removal of one of the Senior
General's men from the lucrative customs post, the arrests do
not signal a shakeup of the power structure or broader
campaign to crack down on corruption. End summary.


2. (U) Over the past six months, the Special Branch (SB)
investigation of corruption in the Customs Department has
resulted in the arrest of over 300 customs officials at the
air and seaports, as well as land border crossings (refs
B,C). Many other customs officials, along with traders and
their families, have gone into hiding to avoid arrest.
Members of the business community were surprised that the
Customs Director General (DG),Col. Khin Maung Lin was
detained, because of his well-known close relationship to
regime leader Than Shwe's family.

Untouchable
--------------

3. (C) This close relationship explained for many how he got
the post at the young age of 43 over the more experienced
Deputy. This relationship had provided an aura of
protection, which he exploited. Business contacts told us a
number of stories that highlight his previous immunity.
According to sources, business reps paid him the equivalent
of $3000 to bring in each unlicensed container. Another
contact told us that members of the Timber Entrepreneurs
Association, angered by the DG's calling them a group of
thieves, gathered photos and other evidence of illegal
imports, which they referred to authorities, including Than
Shwe. A few lower level customs officials were dismissed
initially, but Khin Maung Lin was left untouched. In another
case, Special Branch investigators identified customs
officials who took bribes to allow unlicensed beer and soft
drink imports into Burma. SB was forced to close the case
since Kyaing Than Shwe, son of Than Shwe, was part owner of
the importing supermarket.

No Longer
--------------

4. (SBU) One contact told us that the current investigation
was prompted by a trader who brought in a photocopy machine
through the 105 Mile China/Muse border crossing point in May.
When meeting with customs officials, the trader recorded the
conversation, including about bribes, on his small MP3. He
then distributed letters noting his recorded conversations to
Than Shwe, Maung Aye, cabinet members and regional
authorities. Some speculate that Maung Aye took this
opportunity to remove Than Shwe's favorite from the post,
knowing it would be difficult for Than Shwe to object in the
face of such clear evidence.

History of Corruption
--------------

5. (U) Much of the investigation focuses on the Customs point
called 105 Mile, near Muse just inside the Chinese border.
Corruption here also reportedly led to the ouster of former
PM Khin Nyunt in 2004. Under Khin Nyunt's direction,

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Military Intelligence (MI) took control of border trade,
claiming that the Customs, Immigration, Police and Army
officials who staffed the checkpoints were corrupt. Once MI
took over, the level of bribery soared. In 2004, MI
officials at Muse confiscated wireless communication sets
bought by an Army Colonel from Lashio Command. The Northern
Commander reported this to Than Shwe and Maung Aye. Maung
Aye reportedly got permission to raid MI compounds where army
troops found large amounts of kyat, foreign currency, and
unlicensed cars. Khin Nyunt was ousted shortly thereafter,
with. Maung Aye and Than Shwe highlighting these raids and
Khin Nyunt's corruption as the primary justification.

No Increase in Customs Revenue
--------------

6. (SBU) While it may be true that the regime wanted to
capture more customs revenue, the remedy, devised by decision
makers lacking economic expertise, may be no better than the
original problem. According to sources, the GOB has not
increased its revenue from the customs crackdown, because it
has replaced the arrested or absent experienced officers with
400 inexperienced recruits, most from the military. The new
officials have no knowledge and are afraid the make
decisions. The volume of trade has slowed as many business
reps have reduced or stopped their trade in the uncertain
environment (ref A). Each imported container is carefully
inspected, which adds to delays. Nevertheless, old habits
die hard. Customs officials inspect all imports, sources
tell us, but containers belonging to powerful cronies get
faster, more cursory service.


7. (C) Comment: Although Maung Aye may have enjoyed removing
a Than Shwe favorite from a lucrative post, we do not see any
evidence that it signals any larger plans to crack down on
corruption. Rather, it is a reshuffling of lower level
staff, who will inevitably succumb to temptation given their
low salaries and the lucrative stakes. We have seen no
evidence that the generals are willing to crack down on the
most serious corruption in their own ranks. Such as step
would jeopardize the cohesiveness of the senior leadership.
They acted in concert to take out Khin Nyunt, not because of
his corruption, but because they feared a power grab. End
comment.
VILLAROSA