Corruption and Transparency

I. The Facts

Just days before a much-awaited donor conference, the influential

International Crisis Group (ICG) recommended to place all funds

pledged to Macedonia under the oversight of a "corruption advisor"

appointed by the European Commission. The donors ignored this and

other recommendations. To appease the critics, the affable Attorney

General of Macedonia charged a former Minister of Defense with abuse

of duty for allegedly having channeled millions of DM to his

relatives during the recent civil war. Macedonia has belatedly

passed an anti-money laundering law recently - but failed, yet

again, to adopt strict anti-corruption legislation.

In Albania, the Chairman of the Albanian Socialist Party, Fatos

Nano, was accused by Albanian media of laundering $1 billion through

the Albanian government. Pavel Borodin, the former chief of Kremlin

Property, decided not appeal his money laundering conviction in a

Swiss court. The Slovak daily "Sme" described in scathing detail the

newly acquired wealth and lavish lifestyles of formerly impoverished

HZDS politicians. Some of them now reside in refurbished castles.

Others have swimming pools replete with wine bars.

Pavlo Lazarenko, a former Ukrainian prime minister, is detained in

San Francisco on money laundering charges. His defense team accuses

the US authorities of "selective prosecution".

They are quoted by Radio Free Europe as saying:

"The impetus for this prosecution comes from allegations made by the

Kuchma regime, which itself is corrupt and dedicated to using

undemocratic and repressive methods to stifle political opposition

... (other Ukrainian officials) including Kuchma himself and his

closest associates, have committed conduct similar to that with

which Lazarenko is charged but have not been prosecuted by the U.S.

government".

The UNDP estimated, in 1997, that, even in rich, industrialized,

countries, 15% of all firms had to pay bribes. The figure rises to

40% in Asia and 60% in Russia.

Corruption is rife and all pervasive, though many allegations are

nothing but political mud-slinging. Luckily, in countries like

Macedonia, it is confined to its rapacious elites: its politicians,

managers, university professors, medical doctors, judges,

journalists, and top bureaucrats. The police and customs are

hopelessly compromised. Yet, one rarely comes across graft and

venality in daily life. There are no false detentions (as in

Russia), spurious traffic tickets (as in Latin America), or

widespread stealthy payments for public goods and services (as in

Africa).

It is widely accepted that corruption retards growth by deterring

foreign investment and encouraging brain drain. It leads to the

misallocation of economic resources and distorts competition. It

depletes the affected country's endowments - both natural and

acquired. It demolishes the tenuous trust between citizen and state.

It casts civil and government institutions in doubt, tarnishes the

entire political class, and, thus, endangers the democratic system

and the rule of law, property rights included.

This is why both governments and business show a growing commitment

to tackling it. According to Transparency International's "Global

Corruption Report 2001", corruption has been successfully contained

in private banking and the diamond trade, for instance.

Hence also the involvement of the World Bank and the IMF in fighting

corruption. Both institutions are increasingly concerned with

poverty reduction through economic growth and development. The World

Bank estimates that corruption reduces the growth rate of an

affected country by 0.5 to 1 percent annually. Graft amounts to an

increase in the marginal tax rate and has pernicious effects on

inward investment as well.

The World Bank has appointed last year a Director of Institutional

Integrity - a new department that combines the Anti-Corruption and

Fraud Investigations Unit and the Office of Business Ethics and

Integrity. The Bank helps countries to fight corruption by providing

them with technical assistance, educational programs, and lending.

Anti-corruption projects are an integral part of every Country

Assistance Strategy (CAS). The Bank also supports international

efforts to reduce corruption by sponsoring conferences and the

exchange of information. It collaborates closely with Transparency

International, for instance.

At the request of member-governments (such as Bosnia-Herzegovina and

Romania) it has prepared detailed country corruption surveys

covering both the public and the private sectors. Together with the

EBRD, it publishes a corruption survey of 3000 firms in 22

transition countries (BEEPS - Business Environment and Enterprise

Performance Survey). It has even set up a multilingual hotline for

whistleblowers.

The IMF made corruption an integral part of its country evaluation

process. It suspended arrangements with endemically corrupt

recipients of IMF financing. Since 1997, it has introduced policies

regarding misreporting, abuse of IMF funds, monitoring the use of

debt relief for poverty reduction, data dissemination, legal and

judicial reform, fiscal and monetary transparency, and even internal

governance (e.g., financial disclosure by staff members).

Yet, no one seems to agree on a universal definition of corruption.

What amounts to venality in one culture (Sweden) is considered no

more than hospitality, or an expression of gratitude, in another

(France, or Italy). Corruption is discussed freely and forgivingly

in one place - but concealed shamefully in another. Corruption, like

other crimes, is probably seriously under-reported and under-

penalized.

Moreover, bribing officials is often the unstated policy of

multinationals, foreign investors, and expatriates. Many of them

believe that it is inevitable if one is to expedite matters or

secure a beneficial outcome. Rich world governments turn a blind

eye, even where laws against such practices are extant and strict.

In his address to the Inter-American Development Bank on March 14,

President Bush promised to "reward nations that root out corruption"

within the framework of the Millennium Challenge Account initiative.

The USA has pioneered global anti-corruption campaigns and is a

signatory to the 1996 IAS Inter-American Convention against

Corruption, the Council of Europe's Criminal Law Convention on

Corruption, and the OECD's 1997 anti-bribery convention. The USA has

had a comprehensive "Foreign Corrupt Practices Act" since 1977.

The Act applies to all American firms, to all firms - including

foreign ones - traded in an American stock exchange, and to bribery

on American territory by foreign and American firms alike. It

outlaws the payment of bribes to foreign officials, political

parties, party officials, and political candidates in foreign

countries. A similar law has now been adopted by Britain.

Yet, "The Economist" reports that the American SEC has brought only

three cases against listed companies until 1997. The US Department

of Justice brought another 30 cases. Britain has persecuted

successfully only one of its officials for overseas bribery since

1889. In the Netherlands bribery is tax deductible. Transparency

International now publishes a name and shame Bribery Payers Index to

complement its 91-country strong Corruption Perceptions Index.

Many rich world corporations and wealthy individuals make use of

off-shore havens or "special purpose entities" to launder money,

make illicit payments, avoid or evade taxes, and conceal assets or

liabilities. According to Swiss authorities, more than $40 billion

are held by Russians in its banking system alone. The figure may be

5 to 10 times higher in the tax havens of the United Kingdom.

In a survey it conducted last month of 82 companies in which it

invests, "Friends, Ivory, and Sime" found that only a quarter had

clear anti-corruption management and accountability systems in

place.

Tellingly only 35 countries signed the 1997 OECD "Convention on

Combating Bribery of Foreign Public Officials in International

Business Transactions" - including four non-OECD members: Chile,

Argentina, Bulgaria, and Brazil. The convention has been in force

since February 1999 and is only one of many OECD anti-corruption

drives, among which are SIGMA (Support for Improvement in Governance

and Management in Central and Eastern European countries), ACN

(Anti-Corruption Network for Transition Economies in Europe), and

FATF (the Financial Action Task Force on Money Laundering).

Moreover, The moral authority of those who preach against corruption

in poor countries - the officials of the IMF, the World Bank, the

EU, the OECD - is strained by their ostentatious lifestyle,

conspicuous consumption, and "pragmatic" morality.

II. What to do? What is Being Done?

Two years ago, I proposed a taxonomy of corruption, venality, and

graft. I suggested this cumulative definition:

(a) The withholding of a service, information, or goods that, by

law, and by right, should have been provided or divulged.

(b) The provision of a service, information, or goods that, by law,

and by right, should not have been provided or divulged.

(c) That the withholding or the provision of said service,

information, or goods are in the power of the withholder or the

provider to withhold or to provide AND That the withholding or the

provision of said service, information, or goods constitute an

integral and substantial part of the authority or the function of

the withholder or the provider.

(d) That the service, information, or goods that are provided or

divulged are provided or divulged against a benefit or the promise

of a benefit from the recipient and as a result of the receipt of

this specific benefit or the promise to receive such benefit.

(e) That the service, information, or goods that are withheld are

withheld because no benefit was provided or promised by the

recipient.

There is also what the World Bank calls "State Capture" defined

thus:

"The actions of individuals, groups, or firms, both in the public

and private sectors, to influence the formation of laws,

regulations, decrees, and other government policies to their own

advantage as a result of the illicit and non-transparent provision

of private benefits to public officials."

We can classify corrupt and venal behaviours according to their

outcomes:

(a) Income Supplement - Corrupt actions whose sole outcome is the

supplementing of the income of the provider without affecting the

"real world" in any manner.

(b) Acceleration or Facilitation Fees - Corrupt practices whose sole

outcome is to accelerate or facilitate decision making, the

provision of goods and services or the divulging of information.

(c) Decision Altering Fees - Bribes and promises of bribes which

alter decisions or affect them, or which affect the formation of

policies, laws, regulations, or decrees beneficial to the bribing

entity or person.

(d) Information Altering Fees - Backhanders and bribes that subvert

the flow of true and complete information within a society or an

economic unit (for instance, by selling professional diplomas,

certificates, or permits).

(e) Reallocation Fees - Benefits paid (mainly to politicians and

political decision makers) in order to affect the allocation of

economic resources and material wealth or the rights thereto.

Concessions, licenses, permits, assets privatized, tenders awarded

are all subject to reallocation fees.

To eradicate corruption, one must tackle both giver and taker.

History shows that all effective programs shared these common

elements:

(a) The persecution of corrupt, high-profile, public figures,

multinationals, and institutions (domestic and foreign). This

demonstrates that no one is above the law and that crime does not

pay.

(b) The conditioning of international aid, credits, and investments

on a monitored reduction in corruption levels. The structural roots

of corruption should be tackled rather than merely its symptoms.

(c) The institution of incentives to avoid corruption, such as a

higher pay, the fostering of civic pride, "good behaviour" bonuses,

alternative income and pension plans, and so on.

(d) In many new countries (in Asia, Africa, and Eastern Europe) the

very concepts of "private" versus "public" property are fuzzy and

impermissible behaviours are not clearly demarcated. Massive

investments in education of the public and of state officials are

required.

(e) Liberalization and deregulation of the economy. Abolition of red

tape, licensing, protectionism, capital controls, monopolies,

discretionary, non-public, procurement. Greater access to

information and a public debate intended to foster a "stakeholder

society".

(f) Strengthening of institutions: the police, the customs, the

courts, the government, its agencies, the tax authorities - under

time limited foreign management and supervision.

Awareness to corruption and graft is growing - though it mostly

results in lip service. The Global Coalition for Africa adopted

anti-corruption guidelines in 1999. The otherwise opaque Asia

Pacific Economic Cooperation (APEC) forum is now championing

transparency and good governance. The UN is promoting its pet

convention against corruption.

The G-8 asked its Lyon Group of senior experts on transnational

crime to recommend ways to fight corruption related to large money

flows and money laundering. The USA and the Netherlands hosted

global forums on corruption - as will South Korea next year. The

OSCE is rumored to respond with its own initiative, in collaboration

with the US Congressional Helsinki Commission.

The southeastern Europe Stability Pact sports its own Stability Pact

Anti-corruption Initiative (SPAI). It held its first conference in

September 2001 in Croatia. More than 1200 delegates participated in

the 10th International Anti-Corruption Conference in Prague last

year. The conference was attended by the Czech prime minister, the

Mexican president, and the head of the Interpol.

The most potent remedy against corruption is sunshine - free,

accessible, and available information disseminated and probed by an

active opposition, uncompromised press, and assertive civic

organizations and NGO's. In the absence of these, the fight against

official avarice and criminality is doomed to failure. With them, it

stands a chance.

Corruption can never be entirely eliminated - but it can be

restrained and its effects confined. The cooperation of good people

with trustworthy institutions is indispensable. Corruption can be

defeated only from the inside, though with plenty of outside help.

It is a process of self-redemption and self-transformation. It is

the real transition.

Money Laundering in A Changed World

Israel has always turned a blind eye to the origin of funds

deposited by Jews from South Africa to Russia. In Britain it is

perfectly legal to hide the true ownership of a company. Underpaid

Asian bank clerks on immigrant work permits in the Gulf states

rarely require identity documents from the mysterious and well-

connected owners of multi-million dollar deposits. Hawaladars

continue plying their paperless and trust-based trade - the transfer

of billions of US dollars around the world. American and Swiss banks

collaborate with dubious correspondent banks in off shore centres.

Multinationals shift money through tax free territories in what is

euphemistically known as "tax planning". Internet gambling outfits

and casinos serve as fronts for narco-dollars. British Bureaux de

Change launder up to 2.6 billion British pounds annually. The 500

Euro note will make it much easier to smuggle cash out of Europe. A

French parliamentary committee accuses the City of London of being a

money laundering haven in a 400 page report. Intelligence services

cover the tracks of covert operations by opening accounts in obscure

tax havens, from Cyprus to Nauru. Money laundering, its venues and

techniques, are an integral part of the economic fabric of the

world. Business as usual?

Not really. In retrospect, as far as money laundering goes,

September 11 may be perceived as a watershed as important as the

precipitous collapse of communism in 1989. Both events have forever

altered the patterns of the global flows of illicit capital.

What is Money Laundering?

Strictly speaking, money laundering is the age-old process of

disguising the illegal origin and criminal nature of funds (obtained

in sanctions-busting arms sales, smuggling, trafficking in humans,

organized crime, drug trafficking, prostitution rings, embezzlement,

insider trading, bribery, and computer fraud) by moving them

untraceably and investing them in legitimate businesses, securities,

or bank deposits. But this narrow definition masks the fact that the

bulk of money laundered is the result of tax evasion, tax avoidance,

and outright tax fraud, such as the "VAT carousel scheme" in the EU

(moving goods among businesses in various jurisdictions to

capitalize on differences in VAT rates). Tax-related laundering nets

between 10-20 billion US dollars annually from France and Russia

alone. The confluence of criminal and tax averse funds in money

laundering networks serves to obscure the sources of both.

The Scale of the Problem

According to a 1996 IMF estimate, money laundered annually amounts

to 2-5% of world GDP (between 800 billion and 2 trillion US dollars

in today's terms). The lower figure is considerably larger than an

average European economy, such as Spain's.

The System

It is important to realize that money laundering takes place within

the banking system. Big amounts of cash are spread among numerous

accounts (sometimes in free economic zones, financial off shore

centers, and tax havens), converted to bearer financial instruments

(money orders, bonds), or placed with trusts and charities. The

money is then transferred to other locations, sometimes as bogus

payments for "goods and services" against fake or inflated invoices

issued by holding companies owned by lawyers or accountants on

behalf of unnamed beneficiaries. The transferred funds are re-

assembled in their destination and often "shipped" back to the point

of origin under a new identity. The laundered funds are then

invested in the legitimate economy. It is a simple procedure - yet

an effective one. It results in either no paper trail - or too much

of it. The accounts are invariably liquidated and all traces erased.

Why is it a Problem?

Criminal and tax evading funds are idle and non-productive. Their

injection, however surreptitiously, into the economy transforms them

into a productive (and cheap) source of capital. Why is this

negative?

Because it corrupts government officials, banks and their officers,

contaminates legal sectors of the economy, crowds out legitimate and

foreign capital, makes money supply unpredictable and

uncontrollable, and increases cross-border capital movements,

thereby enhancing the volatility of exchange rates.

A multilateral, co-ordinated, effort (exchange of information,

uniform laws, extra-territorial legal powers) is required to counter

the international dimensions of money laundering. Many countries opt

in because money laundering has also become a domestic political and

economic concern. The United Nations, the Bank for International

Settlements, the OECD's FATF, the EU, the Council of Europe, the

Organisation of American States, all published anti-money laundering

standards. Regional groupings were formed (or are being established)

in the Caribbean, Asia, Europe, southern Africa, western Africa, and

Latin America.

Money Laundering in the Wake of the September 11 Attacks

Regulation

The least important trend is the tightening of financial regulations

and the establishment or enhancement of compulsory (as opposed to

industry or voluntary) regulatory and enforcement agencies.

New legislation in the US which amounts to extending the powers of

the CIA domestically and of the DOJ extra-territorially, was rather

xenophobically described by a DOJ official, Michael Chertoff, as

intended to "make sure the American banking system does not become a

haven for foreign corrupt leaders or other kinds of foreign

organized criminals." Privacy and bank secrecy laws have been

watered down.

Collaboration with off shore "shell" banks has been banned. Business

with clients of correspondent banks was curtailed. Banks were

effectively transformed into law enforcement agencies, responsible

to verify both the identities of their (foreign) clients and the

source and origin of their funds. Cash transactions were partly

criminalized. And the securities and currency trading industry,

insurance companies, and money transfer services are subjected to

growing scrutiny as a conduit for "dirty cash".

Still, such legislation is highly ineffective. The American Bankers'

Association puts the cost of compliance with the laxer anti-money-

laundering laws in force in 1998 at 10 billion US dollars - or more

than 10 million US dollars per obtained conviction. Even when the

system does work, critical alerts drown in the torrent of reports

mandated by the regulations. One bank actually reported a suspicious

transaction in the account of one of the September 11 hijackers -

only to be ignored.

The Treasury Department established Operation Green Quest, an

investigative team charged with monitoring charities, NGO's, credit

card fraud, cash smuggling, counterfeiting, and the Hawala networks.

This is not without precedent. Previous teams tackled drug money,

the biggest money laundering venue ever, BCCI (Bank of Credit and

Commerce International), and ... Al Capone. The more veteran, New-

York based, El-Dorado anti money laundering Task Force (established

in 1992) will lend a hand and share information.

More than 150 countries promised to co-operate with the US in its

fight against the financing of terrorism - 81 of which (including

the Bahamas, Argentina, Kuwait, Indonesia, Pakistan, Switzerland,

and the EU) actually froze assets of suspicious individuals,

suspected charities, and dubious firms, or passed new anti money

laundering laws and stricter regulations (the Philippines, the UK,

Germany). A tabled EU directive would force lawyers to disclose

incriminating information about their clients' money laundering

activities. Pakistan initiated a "loyalty scheme", awarding

expatriates who prefer official bank channels to the much maligned

(but cheaper and more efficient) Hawala, with extra baggage

allowance and special treatment in airports.

The magnitude of this international collaboration is unprecedented.

But this burst of solidarity may yet fade. China, for instance,

refuses to chime in. As a result, the statement issued by APEC last

week on measures to stem the finances of terrorism was lukewarm at

best. And, protestations of close collaboration to the contrary,

Saudi Arabia has done nothing to combat money laundering "Islamic

charities" (of which it is proud) on its territory.

Still, a universal code is emerging, based on the work of the OECD's

FATF (Financial Action Task Force) since 1989 (its famous "40

recommendations") and on the relevant UN conventions. All countries

are expected by the West, on pain of possible sanctions, to adopt a

uniform legal platform (including reporting on suspicious

transactions and freezing assets) and to apply it to all types of

financial intermediaries, not only to banks. This is likely to

result in ...

The decline of off shore financial centres and tax havens

By far the most important outcome of this new-fangled juridical

homogeneity is the acceleration of the decline of off shore

financial and banking centres and tax havens. The distinction

between off-shore and on-shore will vanish. Of the FATF's "name and

shame" blacklist of 19 "black holes" (poorly regulated territories,

including Israel, Indonesia, and Russia) - 11 have substantially

revamped their banking laws and financial regulators. Coupled with

the tightening of US, UK, and EU laws and the wider interpretation

of money laundering to include political corruption, bribery, and

embezzlement - this would make life a lot more difficult for venal

politicians and major tax evaders. The likes of Sani Abacha (late

President of Nigeria), Ferdinand Marcos (late President of the

Philippines), Vladimiro Montesinos (former, now standing trial,

chief of the intelligence services of Peru), or Raul Salinas (the

brother of Mexico's President) - would have found it impossible to

loot their countries to the same disgraceful extent in today's

financial environment. And Osama bin Laden would not have been able

to wire funds to US accounts from the Sudanese Al Shamal Bank, the

"correspondent" of 33 American banks.

Quo Vadis, Money Laundering?

Crime is resilient and fast adapting to new realities. Organized

crime is in the process of establishing an alternative banking

system, only tangentially connected to the West's, in the fringes,

and by proxy.

This is done by purchasing defunct banks or banking licences in

territories with lax regulation, cash economies, corrupt

politicians, no tax collection, but reasonable infrastructure. The

countries of Eastern Europe - Yugoslavia (Montenegro and Serbia),

Macedonia, Ukraine, Moldova, Belarus, Albania, to mention a few -

are natural targets. In some cases, organized crime is so all-

pervasive and local politicians so corrupt that the distinction

between criminal and politician is spurious.

Gradually, money laundering rings move their operations to these

new, accommodating territories. The laundered funds are used to

purchase assets in intentionally botched privatizations, real

estate, existing businesses, and to finance trading operations. The

wasteland that is Eastern Europe craves private capital and no

questions are asked by investor and recipient alike.

The next frontier is cyberspace. Internet banking, Internet

gambling, day trading, foreign exchange cyber transactions, e-cash,

e-commerce, fictitious invoicing of the launderer's genuine credit

cards - hold the promise of the future. Impossible to track and

monitor, ex-territorial, totally digital, amenable to identity theft

and fake identities - this is the ideal vehicle for money

launderers.

This nascent platform is way too small to accommodate the enormous

amounts of cash laundered daily - but in ten years time, it may. The

problems is likely to be exacerbated by the introduction of smart

cards, electronic purses, and payment-enabled mobile phones.

In its "Report on Money Laundering Typologies" (February 2001) the

FATF was able to document concrete and suspected abuses of online

banking, Internet casinos, and web-based financial services. It is

difficult to identify a customer and to get to know it in

cyberspace, was the alarming conclusion. It is equally complicated

to establish jurisdiction.

Many capable professionals - stockbrokers, lawyers, accountants,

traders, insurance brokers, real estate agents, sellers of high

value items such as gold, diamonds, and art - are employed or co-

opted by money laundering operations. Money launderers are likely to

make increased use of global, around the clock, trading in foreign

currencies and derivatives. These provide instantaneous transfer of

funds and no audit trail. The underlying securities involved are

susceptible to market manipulation and fraud. Complex insurance

policies (with the "wrong" beneficiaries), and the securitization of

receivables, leasing contracts, mortgages, and low grade bonds are

already used in money laundering schemes. In general, money

laundering goes well with risk arbitraging financial instruments.

Trust-based, globe-spanning, money transfer systems based on

authentication codes and generations of commercial relationships

cemented in honour and blood - are another wave of the future. The

Hawala and Chinese networks in Asia, the Black Market Peso Exchange

(BMPE) in Latin America, other evolving courier systems in Eastern

Europe (mainly in Russia, Ukraine, and Albania) and in Western

Europe (mainly in France and Spain).

In conjunction with encrypted e-mail and web anonymizers, these

networks are virtually impenetrable. As emigration increases,

diasporas established, and transport and telecommunications become

ubiquitous, "ethnic banking" along the tradition of the Lombards and

the Jews in medieval Europe may become the the preferred venue of

money laundering. September 11 may have retarded world civilization

in more than one way.

Hawala, or the Bank that Never Was

I. OVERVIEW

In the wake of the September 11 terrorist attacks on the USA,

attention was drawn to the age-old, secretive, and globe-spanning

banking system developed in Asia and known as "Hawala" (to change,

in Arabic). It is based on a short term, discountable, negotiable,

promissory note (or bill of exchange) called "Hundi". While not

limited to Moslems, it has come to be identified with "Islamic

Banking".

Islamic Law (Sharia'a) regulates commerce and finance in the Fiqh Al

Mua'malat, (transactions amongst people). Modern Islamic banks are

overseen by the Shari'a Supervisory Board of Islamic Banks and

Institutions ("The Shari'a Committee").

The Shi'a "Islamic Laws according to the Fatawa of Ayatullah al

Uzama Syed Ali al-Husaini Seestani" has this to say about Hawala

banking:

"2298. If a debtor directs his creditor to collect his debt from the

third person, and the creditor accepts the arrangement, the third

person will, on completion of all the conditions to be explained

later, become the debtor. Thereafter, the creditor cannot demand his

debt from the first debtor."

The prophet Muhammad (a cross border trader of goods and commodities

by profession) encouraged the free movement of goods and the

development of markets. Numerous Moslem scholars railed against

hoarding and harmful speculation (market cornering and manipulation

known as "Gharar"). Moslems were the first to use promissory notes

and assignment, or transfer of debts via bills of exchange

("Hawala"). Among modern banking instruments, only floating and,

therefore, uncertain, interest payments ("Riba" and "Jahala"),

futures contracts, and forfeiting are frowned upon. But agile Moslem

traders easily and often circumvent these religious restrictions by

creating "synthetic Murabaha (contracts)" identical to Western

forward and futures contracts. Actually, the only allowed transfer

or trading of debts (as distinct from the underlying commodities or

goods) is under the Hawala.

"Hawala" consists of transferring money (usually across borders and

in order to avoid taxes or the need to bribe officials) without

physical or electronic transfer of funds. Money changers

("Hawaladar") receive cash in one country, no questions asked.

Correspondent hawaladars in another country dispense an identical

amount (minus minimal fees and commissions) to a recipient or, less

often, to a bank account. E-mail, or letter ("Hundi") carrying

couriers are used to convey the necessary information (the amount of

money, the date it has to be paid on) between Hawaladars. The sender

provides the recipient with code words (or numbers, for instance the

serial numbers of currency notes), a digital encrypted message, or

agreed signals (like handshakes), to be used to retrieve the money.

Big Hawaladars use a chain of middlemen in cities around the globe.

But most Hawaladars are small businesses. Their Hawala activity is a

sideline or moonlighting operation. "Chits" (verbal agreements)

substitute for certain written records. In bigger operations there

are human "memorizers" who serve as arbiters in case of dispute. The

Hawala system requires unbounded trust. Hawaladars are often members

of the same family, village, clan, or ethnic group. It is a system

older than the West. The ancient Chinese had their own "Hawala" -

"fei qian" (or "flying money"). Arab traders used it to avoid being

robbed on the Silk Road. Cheating is punished by effective ex-

communication and "loss of honour" - the equivalent of an economic

death sentence. Physical violence is rarer but not unheard of.

Violence sometimes also erupts between money recipients and robbers

who are after the huge quantities of physical cash sloshing about

the system. But these, too, are rare events, as rare as bank

robberies. One result of this effective social regulation is that

commodity traders in Asia shift hundreds of millions of US dollars

per trade based solely on trust and the verbal commitment of their

counterparts.

Hawala arrangements are used to avoid customs duties, consumption

taxes, and other trade-related levies. Suppliers provide importers

with lower prices on their invoices, and get paid the difference via

Hawala. Legitimate transactions and tax evasion constitute the bulk

of Hawala operations. Modern Hawala networks emerged in the 1960's

and 1970's to circumvent official bans on gold imports in Southeast

Asia and to facilitate the transfer of hard earned wages of

expatriates to their families ("home remittances") and their

conversion at rates more favourable (often double) than the

government's.

Hawala provides a cheap (it costs c. 1% of the amount transferred),

efficient, and frictionless alternative to morbid and corrupt

domestic financial institutions. It is Western Union without the hi-

tech gear and the exorbitant transfer fees.

Unfortunately, these networks have been hijacked and compromised by

drug traffickers (mainly in Afganistan and Pakistan), corrupt

officials, secret services, money launderers, organized crime, and

terrorists. Pakistani Hawala networks alone move up to 5 billion US

dollars annually according to estimates by Pakistan's Minister of

Finance, Shaukut Aziz. In 1999, Institutional Investor Magazine

identified 1100 money brokers in Pakistan and transactions that ran

as high as 10 million US dollars apiece. As opposed to stereotypes,

most Hawala networks are not controlled by Arabs, but by Indian and

Pakistani expatriates and immigrants in the Gulf. The Hawala network

in India has been brutally and ruthlessly demolished by Indira

Ghandi (during the emergency regime imposed in 1975), but Indian

nationals still play a big part in international Hawala networks.

Similar networks in Sri Lanka, the Philippines, and Bangladesh have

also been eradicated.

The OECD's Financial Action Task Force (FATF) says that:

"Hawala remains a significant method for large numbers of businesses

of all sizes and individuals to repatriate funds and purchase

gold.... It is favoured because it usually costs less than moving

funds through the banking system, it operates 24 hours per day and

every day of the year, it is virtually completely reliable, and

there is minimal paperwork required."

(Organisation for Economic Co-Operation and Development (OECD),

"Report on Money Laundering Typologies 1999-2000," Financial Action

Task Force, FATF-XI, February 3, 2000, at

http://www.oecd.org/fatf/pdf/TY2000_en.pdf )

Hawala networks closely feed into Islamic banks throughout the world

and to commodity trading in South Asia. There are more than 200

Islamic banks in the USA alone and many thousands in Europe, North

and South Africa, Saudi Arabia, the Gulf states (especially in the

free zone of Dubai and in Bahrain), Pakistan, Malaysia, Indonesia,

and other South East Asian countries. By the end of 1998, the overt

(read: tip of the iceberg) liabilities of these financial

institutions amounted to 148 billion US dollars. They dabbled in

equipment leasing, real estate leasing and development, corporate

equity, and trade/structured trade and commodities financing

(usually in consortia called "Mudaraba").

While previously confined to the Arab peninsula and to south and

east Asia, this mode of traditional banking became truly

international in the 1970's, following the unprecedented flow of

wealth to many Moslem nations due to the oil shocks and the

emergence of the Asian tigers. Islamic banks joined forces with

corporations, multinationals, and banks in the West to finance oil

exploration and drilling, mining, and agribusiness. Many leading law

firms in the West (such as Norton Rose, Freshfields, Clyde and Co.

and Clifford Chance) have "Islamic Finance" teams which are familiar

with Islam-compatible commercial contracts.

II. HAWALA AND TERRORISM

Recent anti-terrorist legislation in the US and the UK allows

government agencies to regularly supervise and inspect businesses

that are suspected of being a front for the ''Hawala'' banking

system, makes it a crime to smuggle more than $10,000 in cash across

USA borders, and empowers the Treasury secretary (and its Financial

Crimes Enforcement Network - FinCEN) to tighten record-keeping and

reporting rules for banks and financial institutions based in the

USA. A new inter-agency Foreign Terrorist Asset Tracking Center

(FTAT) was set up. A 1993 moribund proposed law requiring US-based

Halawadar to register and to report suspicious transactions may be

revived. These relatively radical measures reflect the belief that

the al-Qaida network of Osama bin Laden uses the Hawala system to

raise and move funds across national borders. A Hawaladar in

Pakistan (Dihab Shill) was identified as the financier in the

attacks on the American embassies in Kenya and Tanzania in 1998.

But the USA is not the only country to face terrorism financed by

Hawala networks.

A few months ago, the Delhi police, the Indian government's

Enforcement Directorate (ED), and the Military Intelligence (MI)

arrested six Jammu Kashmir Islamic Front (JKIF) terrorists. The

arrests led to the exposure of an enormous web of Hawala

institutions in Delhi, aided and abetted, some say, by the ISI

(Inter Services Intelligence, Pakistan's security services). The

Hawala network was used to funnel money to terrorist groups in the

disputed Kashmir Valley.

Luckily, the common perception that Hawala financing is paperless is

wrong. The transfer of information regarding the funds often leaves

digital (though heavily encrypted) trails. Couriers and "contract

memorizers", gold dealers, commodity merchants, transporters, and

moneylenders can be apprehended and interrogated. Written, physical,

letters are still the favourite mode of communication among small

and medium Hawaladars, who also invariably resort to extremely

detailed single entry bookkeeping. And the sudden appearance and

disappearance of funds in bank accounts still have to be explained.

Moreover, the sheer scale of the amounts involved entails the

collaboration of off shore banks and more established financial

institutions in the West. Such flows of funds affect the local money

markets in Asia and are instantaneously reflected in interest rates

charged to frequent borrowers, such as wholesalers. Spending and

consumption patterns change discernibly after such influxes. Most of

the money ends up in prime world banks behind flimsy business

facades. Hackers in Germany claimed (without providing proof) to

have infiltrated Hawala-related bank accounts.

The problem is that banks and financial institutions - and not only

in dodgy offshore havens ("black holes" in the lingo) - clam up and

refuse to divulge information about their clients. Banking is

largely a matter of fragile trust between bank and customer and

tight secrecy. Bankers are reluctant to undermine either. Banks use

mainframe computers which can rarely be hacked through cyberspace

and can be compromised only physically in close co-operation with

insiders. The shadier the bank - the more formidable its digital

defenses.

The use of numbered accounts (outlawed in Austria, for instance,

only recently) and pseudonyms (still possible in Lichtenstein)

complicates matters. Bin Laden's accounts are unlikely to bear his

name. He has collaborators.

Hawala networks are often used to launder money, or to evade taxes.

Even when employed for legitimate purposes, to diversify the risk

involved in the transfer of large sums, Hawaladars apply techniques

borrowed from money laundering. Deposits are fragmented and wired to

hundreds of banks the world over ("starburst"). Sometimes, the money

ends up in the account of origin ("boomerang").

Hence the focus on payment clearing and settlement systems. Most

countries have only one such system, the repository of data

regarding all banking (and most non-banking) transactions in the

country. Yet, even this is a partial solution. Most national systems

maintain records for 6-12 months, private settlement and clearing

systems for even less.

Yet, the crux of the problem is not the Hawala or the Hawaladars.

The corrupt and inept governments of Asia are to blame for not

regulating their banking systems, for over-regulating everything

else, for not fostering competition, for throwing public money at

bad debts and at worse borrowers, for over-taxing, for robbing

people of their life savings through capital controls, for tearing

at the delicate fabric of trust between customer and bank (Pakistan,

for instance, froze all foreign exchange accounts two years ago).

Perhaps if Asia had reasonably expedient, reasonably priced,

reasonably regulated, user-friendly banks - Osama bin Laden would

have found it impossible to finance his mischief so invisibly.

Straf - Corruption in Central and Eastern Europe

The three policemen barked "straf", "straf" in unison. It was a

Russianized version of the German word for "fine" and a euphemism

for bribe. I and my fiancée were stranded in an empty ally at the

heart of Moscow, physically encircled by these young bullies, an

ominous propinquity. They held my passport ransom and began to drag

me to a police station nearby. We paid.

To do the fashionable thing and to hold the moral high ground is

rare. Yet, denouncing corruption and fighting it satisfies both

conditions. Such hectoring is usually the preserve of well-heeled

bureaucrats, driving utility vehicles and banging away at wireless

laptops. The General Manager of the IMF makes 400,000 US dollars a

year, tax-free, and perks. This is the equivalent of 2,300 (!)

monthly salaries of a civil servant in Macedonia - or 7,000 monthly

salaries of a teacher or a doctor in Yugoslavia, Moldova, Belarus,

or Albania. He flies only first class and each one of his air

tickets is worth the bi-annual income of a Macedonian factory

worker. His shareholders - among them poor and developing countries

- are forced to cough up these exorbitant fees and to finance the

luxurious lifestyle of the likes of Kohler and Wolfensohn. And then

they are made to listen to the IMF lecture them on belt tightening

and how uncompetitive their economies are due to their expensive

labour force. To me, such a double standard is the epitome of

corruption. Organizations such as the IMF and World Bank will never

be possessed of a shred of moral authority in these parts of the

world unless and until they forgo their conspicuous consumption.

Yet, corruption is not a monolithic practice. Nor are its outcomes

universally deplorable or damaging. One would do best to adopt a

utilitarian and discerning approach to it. The advent of moral

relativism has taught us that "right" and "wrong" are flexible,

context dependent and culture-sensitive yardsticks.

What amounts to venality in one culture (Slovenia) is considered no

more than gregariousness or hospitality in another (Macedonia).

Moreover, corruption is often "imported" by multinationals, foreign

investors, and expats. It is introduced by them to all levels of

governments, often in order to expedite matters or secure a

beneficial outcome. To eradicate corruption, one must tackle both

giver and taker.

Thus, we are better off asking "cui bono" than "is it the right

thing to do". Phenomenologically, "corruption" is a common - and

misleading - label for a group of behaviours. One of the following

criteria must apply:

(a) The withholding of a service, information, or goods that, by

law, and by right, should have been provided or divulged.

To have a phone installed in Russia one must openly bribe the

installer (according to a rather rigid tariff). In many of the

former republics of Yugoslavia, it is impossible to obtain

statistics or other data (the salaries of senior public

officeholders, for instance) without resorting to kickbacks.

(b) The provision of a service, information, or goods that, by law,

and by right, should not have been provided or divulged.

Tenders in the Czech Republic are often won through bribery. The

botched privatizations all over the former Eastern Bloc constitute a

massive transfer of wealth to select members of a nomenklatura.

Licences and concessions are often granted in Bulgaria and the rest

of the Balkan as means of securing political allegiance or paying

off old political "debts".

(c) That the withholding or the provision of said service,

information, or goods are in the power of the withholder or the

provider to withhold or to provide AND That the withholding or the

provision of said service, information, or goods constitute an

integral and substantial part of the authority or the function of

the withholder or the provider.

The post-communist countries in transition are a dichotomous lot. On

the one hand, they are intensely and stiflingly bureaucratic. On the

other hand, none of the institutions functions properly or lawfully.

While these countries are LEGALISTIC - they are never LAWFUL. This

fuzziness allows officials in all ranks to usurp authority, to trade

favours, to forge illegal consensus and to dodge criticism and

accountability. There is a direct line between lack of transparency

and venality. Eran Fraenkel of Search for Common Ground in Macedonia

has coined the phrase "ambient corruption" to capture this complex

of features.

(d) That the service, information, or goods that are provided or

divulged are provided or divulged against a benefit or the promise

of a benefit from the recipient and as a result of the receipt of

this specific benefit or the promise to receive such benefit.

It is wrong to assume that corruption is necessarily, or even

mostly, monetary or pecuniary. Corruption is built on mutual

expectations. The reasonable expectation of a future benefit is, in

itself, a benefit. Access, influence peddling, property rights,

exclusivity, licences, permits, a job, a recommendation - all

constitute benefits.

(e) That the service, information, or goods that are withheld are

withheld because no benefit was provided or promised by the

recipient.

Even then, in CEE, we can distinguish between a few types of corrupt

and venal behaviours in accordance with their OUTCOMES (utilities):

(a) Income Supplement

Corrupt actions whose sole outcome is the supplementing of the

income of the provider without affecting the "real world" in any

manner.

Though the perception of corruption itself is a negative outcome -

it is so only when corruption does not constitute an acceptable and

normative part of the playing field. When corruption becomes

institutionalised - it also becomes predictable and is easily and

seamlessly incorporated into decision making processes of all

economic players and moral agents. They develop "by-passes" and

"techniques" which allow them to restore an efficient market

equilibrium. In a way, all-pervasive corruption is transparent and,

thus, a form of taxation.

This is the most common form of corruption exercised by low and mid-

ranking civil servants, party hacks and municipal politicians

throughout the CEE.

More than avarice, the motivating force here is sheer survival. The

acts of corruption are repetitive, structured and in strict

accordance with an un-written tariff and code of conduct.

(b) Acceleration Fees

Corrupt practices whose sole outcome is to ACCELERATE decision

making, the provision of goods and services or the divulging of

information. None of the outcomes or the utility functions are

altered. Only the speed of the economic dynamics is altered. This

kind of corruption is actually economically BENEFICIAL. It is a

limited transfer of wealth (or tax) which increases efficiency. This

is not to say that bureaucracies and venal officialdoms, over-

regulation and intrusive political involvement in the workings of

the marketplace are good (efficient) things.

They are not. But if the choice is between a slow, obstructive and

passive-aggressive civil service and a more forthcoming and

accommodating one (the result of bribery) - the latter is

preferable.

Acceleration fees are collected mostly by mid-ranking bureaucrats

and middle rung decision makers in both the political echelons and

the civil service.

(c) Decision Altering Fees

This is where the line is crossed from the point of view of

aggregate utility. When bribes and promises of bribes actually alter

outcomes in the real world - a less than optimal allocation of

resources and distribution of means of production is obtained. The

result is a fall in the general level of production. The many is

hurt by the few. The economy is skewed and economic outcomes are

distorted. This kind of corruption should be uprooted on utilitarian

grounds as well as on moral ones.

(d) Subversive Outcomes

Some corrupt collusions lead to the subversion of the flow of

information within a society or an economic unit. Wrong information

often leads to disastrous outcomes. Consider a medical doctor or an

civil engineer who bribed their way into obtaining a professional

diploma.

Human lives are at stake. The wrong information, in this case is the

professional validity of the diplomas granted and the scholarship

(knowledge) that such certificates stand for. But the outcomes are

lost lives. This kind of corruption, of course, is by far the most

damaging.

Unfortunately, it is widespread in CEE. It is proof of the collapse

of the social treaty, of social solidarity and of the fraying of the

social fabric.

No Western country accepts CEE diplomas without further

accreditation, studies and examinations. Many "medical doctors" and

"engineers" who emigrated to Israel from Russia and the former

republics of the USSR - were suspiciously deficient professionally.

Israel was forced to re-educate them prior to granting them a

licence to practice locally.

(e) Reallocation Fees

Benefits paid (mainly to politicians and political decision makers)

in order to affect the allocation of economic resources and material

wealth or the rights thereto. Concessions, licences, permits, assets

privatised, tenders awarded are all subject to reallocation fees.

Here the damage is materially enormous (and visible) but, because it

is widespread, it is "diluted" in individual terms. Still, it is

often irreversible (like when a sold asset is purposefully under-

valued) and pernicious. a factory sold to avaricious and criminally

minded managers is likely to collapse and leave its workers

unemployed.

Corruption pervades daily life even in the prim and often hectoring

countries of the West. It is a win-win game (as far as Game Theory

goes) - hence its attraction. We are all corrupt to varying degrees.

But it is wrong and wasteful - really, counterproductive - to fight

corruption in CEE in a wide front and indiscriminately.

It is the kind of corruption whose evil outcomes outweigh its

benefits that should be fought. This fine (and blurred) distinction

is too often lost on decision makers and law enforcement agencies in

both East and West.

ERADICATING CORRUPTION

An effective program to eradicate corruption must include the

following elements:

(a) Egregiously corrupt, high-profile, public figures,

multinationals, and institutions (domestic and foreign) must be

singled out for harsh (legal) treatment and thus demonstrate that no

one is above the law and that crime does not pay.

(b) All international aid, credits, and investments must be

conditioned upon a clear, performance-based, plan to reduce

corruption levels and intensity. Such a plan should be monitored and

revised as needed. Corruption retards development and produces

instability by undermining the credentials of democracy, state

institutions, and the political class. Reduced corruption is,

therefore, a major target of economic and institutional

developmental.

(c) Corruption cannot be reduced only by punitive measures. A system

of incentives to avoid corruption must be established. Such

incentives should include a higher pay, the fostering of civic

pride, educational campaigns, "good behaviour" bonuses, alternative

income and pension plans, and so on.

(d) Opportunities to be corrupt should be minimized by liberalizing

and deregulating the economy. Red tape should be minimized,

licensing abolished, international trade freed, capital controls

eliminated, competition introduced, monopolies broken, transparent

public tendering be made mandatory, freedom of information

enshrined, the media should be directly supported by the

international community, and so on. Deregulation should be a

developmental target integral to every program of international aid,

investment, or credit provision.

(e) Corruption is a symptom of systemic institutional failure.

Corruption guarantees efficiency and favourable outcomes. The

strengthening of institutions is of critical importance. The police,

the customs, the courts, the government, its agencies, the tax

authorities, the state owned media - all must be subjected to a

massive overhaul. Such a process may require foreign management and

supervision for a limited period of time. It most probably would

entail the replacement of most of the current - irredeemably corrupt

- personnel. It would need to be open to public scrutiny.

(f) Corruption is a symptom of an all-pervasive sense of

helplessness. The citizen (or investor, or firm) feels dwarfed by

the overwhelming and capricious powers of the state. It is through

corruption and venality that the balance is restored. To minimize

this imbalance, potential participants in corrupt dealings must be

made to feel that they are real and effective stakeholders in their

societies. A process of public debate coupled with transparency and

the establishment of just distributive mechanisms will go a long way

towards rendering corruption obsolete.

Russia's Missing Billions

Russia's Audit Chamber - with the help of the Swiss authorities and

their host of dedicated investigators - may be about to solve a long

standing mystery. An announcement by the Prosecutor's General Office

is said to be imminent. The highest echelons of the Yeltsin

entourage - perhaps even Yeltsin himself - may be implicated - or

exonerated. A Russian team has been spending the better part of the

last two months poring over documents and interviewing witnesses in

Switzerland, France, Italy, and other European countries.

About $4.8 billion of IMF funds are alleged to have gone amiss

during the implosion of the Russian financial markets in August

1998. They were supposed to prop up the banking system (especially

SBS-Agro) and the ailing and sharply devalued ruble. Instead, they

ended up in the bank accounts of obscure corporations - and, then,

incredibly, vanished into thin air.

The person in charge of the funds in 1998 was none other than

Mikhail Kasyanov, Russia's current Prime Minister - at the time,

Deputy Minister of Finance for External Debt. His signature on all

foreign exchange transactions - even those handled by the central

bank - was mandatory. In July 2000, he was flatly accused by the

Italian daily, La Reppublica, of authorizing the diversion of the

disputed funds.

Following public charges made by US Treasury Secretary Robert Rubin

as early as March 1999, both Russian and American media delved

deeply over the years into the affair. Communist Duma Deputy Viktor

Ilyukhin jumped on the bandwagon citing an obscure "trustworthy

foreign source" to substantiate his indictment of Kremlin cronies

and oligarchs contained in an open letter to the Prosecutor General,

Yuri Skuratov.

The money trail from the Federal Reserve Bank of New York to Swiss

and German subsidiaries of the Russian central Bank was

comprehensively reconstructed. Still, the former Chairman of the

central bank, Sergei Dubinin, called Ilyukhin's allegations and the

ensuing Swiss investigations - "a black PR campaign ... a lie."

Others pointed to an outlandish coincidence: the ruble collapsed

twice in Russia's post-Communist annals. Once, in 1994, when Dubinin

was Minister of Finance and was forced to resign. The second time

was in 1998, when Dubinin was governor of the central bank and was,

again, ousted.

Dubinin himself seems to be unable to make up his mind. In one

interview he says that IMF funds were used to prop up the ruble - in

others, that they went into "the national pot" (i.e., the Ministry

of Finance, to cover a budgetary shortfall).

The Chairman of the Federation Council at the time, Yegor Stroev,

appointed an investigative committee in 1999. Its report remains

classified but Stroev confirmed that IMF funds were embezzled in the

wake of the 1998 forced devaluation of the ruble.

This conclusion was weakly disowned by Eleonora Mitrofanova, an

auditor within the Duma's Audit Chamber who said that they

discovered nothing "strictly illegal" - though, incongruously, she

accused the central bank of suppressing the Chamber's damning

report. The Chairman of the Chamber of Accounts, Khachim Karmokov,

quoted by PwC, said that "the audits performed by the Chamber

revealed no serious procedural breaches in the bank's performance."

But Nikolai Gonchar, a Duma Deputy and member of its Budget

Committee, came close to branding both as liars when he said that he

read a copy of the Audit Chamber report and that it found that

central bank funds were siphoned off to commercial accounts in

foreign banks.

The Moscow Times cited a second Audit Chamber report which revealed

that the central bank was simultaneously selling dollars for rubles

and extending ruble loans to a few well-connected commercial banks,

thus subsidizing their dollar purchases. The central bank went as

far as printing rubles to fuel this lucrative arbitrage. The dollars

came from IMF disbursements.

Radio Free Europe/Radio Liberty, based on its own sources and an

article in the Russian weekly "Novaya Gazeta", claims that half the

money was almost instantly diverted to shell companies in Sydney and

London. The other half was mostly transferred to the Bank of New

York and to Credit Suisse.

Why were additional IMF funds transferred to a chaotic Russia,

despite warnings by many and a testimony by a Russian official that

previous tranches were squandered? Moreover, why was the money sent

to the Central Bank, then embroiled in a growing scandal over the

manipulation of treasury bills, known as GKO's and other debt

instruments, the OFZ's - and not to the Ministry of Finance, the

beneficiary of all prior transfers? The central bank did act as

MinFin's agent - but circumstances were unusual, to say the least.

There isn't enough to connect the IMF funds with the money

laundering affair that engulfed the Bank of New York a year later to

the day, in August 1999 - though several of the personalities

straddled the divide between the bank and its clients. Swiss efforts

to establish a firm linkage failed as did their attempt to implicate

several banks in the Italian canton of Ticino. The Swiss - in

collaboration with half a dozen national investigation bureaus,

including the FBI - were more successful in Italy proper, where they

were able to apprehend a few dozen suspects in an elaborate

undercover operation.

FIMACO's name emerged rather early in the swirl of rumors and

denials. At the IMF's behest, PricewaterhouseCoopers (PwC) was

commissioned by Russia's central bank to investigate the

relationship between the Russian central bank and its Channel

Islands offshoot, Financial Management Company Limited, immediately

when the accusations surfaced.

Skuratov unearthed $50 billion in transfers of the nation's hard

currency reserves from the central bank to FIMACO, which was

majority-owned by Eurobank, the central bank's Paris-based daughter

company. According to PwC, Eurobank was 23 percent owned by "Russian

companies and private individuals".

Dubinin and his successor, Gerashchenko, admit that FIMACO was used

to conceal Russia's assets from its unrelenting creditors, notably

the Geneva-based Mr. Nessim Gaon, whose companies sued Russia for

$600 million. Gaon succeeded to freeze Russian accounts in

Switzerland and Luxemburg in 1993. PwC alerted the IMF to this

pernicious practice, but to no avail.

Moreover, FIMACO paid exorbitant management fees to self-liquidating

entities, used funds to fuel the speculative GKO market, disbursed

non-reported profits from its activities, through "trust companies",

to Russian subjects, such as schools, hospitals, and charities -

and, in general, transformed itself into a mammoth slush fund and

source of patronage. Russia admitted to lying to the IMF in 1996. It

misstated its reserves by $1 billion.

Some of the money probably financed the fantastic salaries of

Dubinin and his senior functionaries. He earned $240,000 in 1997 -

when the average annual salary in Russia was less than $2000 and

when Alan Greenspan, Chairman of the Federal Reserve of the USA,

earned barely half as much.

Former Minister of Finance, Boris Fedorov, asked the governor of the

central bank and the prime minister in 1993 to disclose how were the

country's foreign exchange reserves being invested. He was told to

mind his own business. To Radio Free Europe/Radio Liberty he said,

six years later, that various central bank schemes were set up to

"allow friends to earn handsome profits ... They allowed friends to

make profits because when companies are created without any risk,

and billions of dollars are transferred, somebody takes a (quite

big) commission ... a minimum of tens of millions of dollars. The

question is: Who received these commissions? Was this money

repatriated to the country in the form of dividends?"

Dubinin's vehement denials of FIMACO's involvement in the GKO market

are disingenuous. Close to half of all foreign investment in the

money-spinning market for Russian domestic bonds were placed through

FIMACO's nominal parent company, Eurobank and, possibly, through its

subsidiary, co-owned with FIMACO, Eurofinance Bank.

Nor is Dubinin more credible when he denies that profits and

commissions were accrued in FIMACO and then drained off. FIMACO's

investment management agreement with Eurobank, signed in 1993,

entitled it to 0.06 percent of the managed funds per quarter.

Even accepting the central banker's ludicrous insistence that the

balance never exceeded $1.4 billion - FIMACO would have earned $3.5

million per annum from management fees alone - investment profits

and brokerage fees notwithstanding. Even Eurobank's president at the

time, Andrei Movchan, conceded that FIMACO earned $1.7 million in

management fees.

The IMF insisted that the PwC reports exonerated all the

participants. It is, therefore, surprising and alarming to find that

the online copies of these documents, previously made available on

the IMF's Web site, were "Removed September 30, 1999 at the request

of PricewaterhouseCoopers".

The cover of the main report carried a disclaimer that it was based

on procedures dictated by the central bank and "... consequently, we

(PwC) make no representation regarding the sufficiency of the

procedures described below ... The report is based solely on

financial and other information provided by, and discussions with,

the persons set out in the report. The accuracy and completeness of

the information on which the report is based is the sole

responsibility of those persons. ... PricewaterhouseCoopers have not

carried out any verification work which may be construed to

represent audit procedures ... We have not been provided access to

Ost West Handelsbank (the recipient of a large part of the $4.8 IMF

tranche)"

The scandal may have hastened the untimely departure of the IMF's

Managing Director at the time, Michel Camdessus, though this was

never officially acknowledged. The US Congress was reluctant to

augment the Fund's resources in view of its controversial handling

of the Asian and Russian crises and contagion.

This reluctance persisted well into the new millennium. A

congressional delegation, headed by James Leach (R, Iowa), Chairman

of the Banking and Financial Services Committee, visited Russia in

April 2000, accompanied by the FBI, to investigate the persistent

contentions about the misappropriation of IMF funds.

Camdessus himself went out of his way to defend his record and

reacted in an unprecedented manner to the allegations. In a letter

to Le Mond, dated August 18, 1999 - and still posted on the IMF's

Web site, three years later - he wrote, inadvertently admitting to

serious mismanagement:

"I wish to express my indignation at the false statements,

allegations, and insinuations contained in the articles and

editorial commentary appearing in Le Monde on August 6, 8, and 9 on

the content of the PricewaterhouseCoopers (PWC) audit report

relating to the operations of the Central Bank of Russia and its

subsidiary, FIMACO.

Your readers will be shocked to learn that the report in question,

requested and made public at the initiative of the IMF ...

(concludes that) no misuse of funds has been proven, and the report

does not criticize the IMF's behavior ... I would also point out

that your representation of the IMF's knowledge and actions is

misleading. We did know that part of the reserves of the Central

Bank of Russia was held in foreign subsidiaries, which is not an

illegal practice; however, we did not learn of FIMACO's activities

until this year--because the audit reports for 1993 and 1994 were

not provided to us by the Central Bank of Russia.

The IMF, when apprised of the possible range of FIMACO activities,

informed the Russian authorities that it would not resume lending to

Russia until a report on these activities was available for review

by the IMF and corrective actions had been agreed as needed ... I

would add that what the IMF objected to in FIMACO's operations

extends well beyond the misrepresentation of Russia's international

reserves in mid-1996 and includes several other instances where

transactions through it had resulted in a misleading representation

of the reserves and of monetary and exchange policies. These include

loans to Russian commercial banks and investments in the GKO

market."

No one accepted - or accepts - the IMF's convoluted post-facto

"clarifications" at face value. Nor was Dubinin's tortured sophistry

- IMF funds cease to be IMF funds when they are transferred from the

Ministry of Finance to the central bank - countenanced.

Even the compromised office of the Russian Prosecutor-General urged

Russian officials, as late as July 2000, to re-open the

investigation regarding the diversion of the funds. The IMF

dismissed this sudden burst of rectitude as the rehashing of old

stories. But Western officials - interviews by Radio Free

Europe/Radio Liberty - begged to differ.

Yuri Skuratov, the former Prosecutor-General, ousted for undue

diligence, wrote in a book he published two years ago, that only c.

$500 million of the $4.8 were ever used to stabilize the ruble. Even

George Bush Jr., when still a presidential candidate accused

Russia's former Prime Minister Viktor Chernomyrdin of complicity in

embezzling IMF funds. Chernomyrdin threatened to sue.

The rot may run even deeper. The Geneva daily "Le Temps", which has

been following the affair relentlessly, accused, two years ago,

Roman Abramovich, a Yeltsin-era oligarch and a member of the board

of directors of Sibneft, of colluding with Runicom, Sibneft's

trading arm, to misappropriate IMF funds. Swiss prosecutors raided

Runicom's offices just one day after Russian Tax Police raided

Sibneft's Moscow headquarters.

Absconding with IMF funds seemed to have been a pattern of behavior

during Yeltsin's venal regime. The columnist Bradley Cook recounts

how Aldrich Ames, the mole within the CIA, "was told by his Russian

control officer during their last meeting, in November 1993, that

the $130,000 in fresh $100 bills that he was being bribed with had

come directly from IMF loans." Venyamin Sokolov, who headed the

Audit Chamber prior to Sergei Stepashin, informed the US Senate of

$2 billion that evaporated from the coffers of the central bank in

1995.

Even the IMF reluctantly admits:

"Capital transferred abroad from Russia may represent such legal

activities as exports, or illegal sources. But it is impossible to

determine whether specific capital flows from Russia-legal or

illegal-come from a particular inflow, such as IMF loans or export

earnings. To put the scale of IMF lending to Russia into

perspective, Russia's exports of goods and services averaged about

$80 billion a year in recent years, which is over 25 times the

average annual disbursement from the IMF since 1992."

The Enrons of the East

Hermitage Capital Management, an international investment firm owned

by HSBC London, is suing PwC (PricewaterhouseCoopers), the biggest

among the big four accounting firms (Andersen, the fifth, is being

cannibalized by its competitors).

Hermitage also demands to have PwC's license suspended in Russia.

All this fuss over allegedly shoddy audits of Gazprom, the Russian

energy behemoth with over $20 billion in annual sales and the

world's largest reserves of natural gas. Hermitage runs a $600

million Russia fund which is invested in the shares of the allegedly

misaudited giant.

The accusations are serious. According to infuriated Hermitage, PwC

falsified and distorted the 2000-1 audits by misrepresenting the

sale of Gazprom's subsidiary, Purgaz, to Itera, a conveniently

obscure entity. Other loss spinning transactions were also

creatively tackled. Stoitransgaz - partly owned by former Gazprom

managers and their relatives - landed more than $1 billion in

lucrative Gazprom contracts.

These shenanigans resulted in billions of dollars of losses and a

depressed share price. AFP quotes William Browder, Hermitage's

disgruntled CEO, as saying: "This is Russia's Enron". PwC threatened

to counter-sue Hermitage over its "completely unfounded"

allegations.

But Browder's charges are supported by Boris Fyodorov, a former

Russian minister of finance and a current Gazprom independent

director. Fyodorov manages his own investment boutique, United

Financial Group. Browder is a former Solomon Brothers investment

banker. Other investment banks and brokerage firms - foreign and

Russian - are supportive of his allegations. They won't and can't be

fobbed.

Fyodorov speculates that PwC turned a blind eye to many of Gazprom's

shadier deals in order to keep the account. Gazprom shareholders

will decide in June whether to retain it as an auditor or not.

Browder is initiating a class action lawsuit in New York of Gazprom

ADR holders against PwC.

Even Russia's president concurs. A year ago, he muttered ominously

about "enormous amounts of misspent money (in Gazprom)". He replaced

Rem Vyakhirev, the oligarch that ran Gazprom, with his own protégé.

Russia owns 38 percent of the company.

Gazprom is just the latest in an inordinately long stream of

companies with dubious methods. Avto VAZ bled itself white - under

PwC's nose - shipping cars to dealers, without guarantees or advance

payments. The penumbral dealers then vanished without a trace. Avto

VAZ wrote off more than $1 billion in "uncollected bills" by late

1995. PwC did make a mild comment in the 1997 audit. But the first

real warning appeared only three years later in the audit for the

year 2000.

Andrei Sharonov, deputy minister in the federal Ministry of

Economics said, in an interview he granted "Business Week" last

February: "Auditors have been working on behalf of management rather

than shareholders." In a series of outlandish ads, published in

Russian business dailies in late February, senior partners in the

PwC Moscow office made this incredible statement: "(Audit) does not

represent a review of each transaction, or a qualitative assessment

of a company's performance."

The New York Times quotes a former employee of Ernst&Young in Moscow

as saying: "A big client is god. You do what they want and tell you

to do. You can play straight-laced and try to be upright and protect

your reputation with minor clients, but you can't do it with the big

guys. If you lose that account, no matter how justified you are,

that's the end of a career."

PwC should know. When it mentioned suspicious heavily discounted

sales of oil to Rosneft in a 1998 audit report, its client,

Purneftegaz, replaced it with Arthur Andersen. The dubious deals

dutifully vanished from the audit reports, though they continue

apace. Andersen claims such transactions do not require disclosure

under Russian law.

How times change! Throughout the 1990's, Russia and its nascent

private sector were subjected to self-righteous harangues from

visiting Big Five accountants. The hectoring targeted the lack of

good governance among Russia's corporations and public

administration alike. Hordes of pampered speakers and consultants

espoused transparent accounting, minority shareholders' rights,

management accessibility and accountability and other noble goals.

That was before Enron. The tables have turned. The Big Five - from

disintegrating Andersen to KPMG - are being chastised and fined for

negligent practices, flagrant conflicts of interests,

misrepresentation, questionable ethics and worse. Their worldwide

clout, moral authority, and professional standing have been

considerably dented.

America's GAAP (Generally Accepted Accounting Practices) - once

considered the undisputable benchmark of rectitude and disclosure -

are now thought in need of urgent revision. The American issuer of

accounting standards - FASB (Financial Accounting Standards Board) -

is widely perceived to be an incestuous arrangement between the

clubby members of a rapacious and unscrupulous profession. Many

American scholars even suggest to adopt the hitherto much-derided

alternative - the International Accounting Standards (IAS) recently

implemented through much of central and eastern Europe.

Russia's Federal Commission for the Securities Market (FCSM)

convened a conclave of Western and domestic auditing firms. The

theme was how to spot and neutralize bad auditors. With barely

concealed and gleeful schadenfreude, the Russians said that the

Enron scandal undermined their confidence in Western accountants and

the GAAP.

The Institute of Corporate Law and Corporate Governance (ICLG),

having studied the statements of a few major Russian firms,

concluded that there are indications of financial problems, "not

mentioned by (mostly Western) auditors". They may have a point. Most

of the banks that collapsed ignominiously in 1998 received glowing

audits signed by Western auditors, often one of the Big Five.

The Russian Investor Protection Association (IPA) and Institute of

Professional Auditors (IPAR) embarked on a survey of Russian

investors, enterprises, auditors, and state officials - and what

they think about the quality of the audit services they are getting.

Many Russian managers - as avaricious and venal as ever - now can

justify hiring malleable and puny local auditors instead of big

international or domestic ones. Surgutneftegaz - with $2 billion net

profit last year and on-going dispute with its shareholders about

dividends - wants to sack "Rosexperitza", a respectable Russian

accountancy, and hire "Aval", a little known accounting outfit. Aval

does not even make it to the list of 200 largest accounting firms in

Russia, according to Renaissance Capital, an investment bank.

Other Russian managers are genuinely alarmed by the vertiginous

decline in the reputation of the global accounting firms and by the

inherent conflict of interest between consulting and audit jobs

performed by the same entity. Sviazinvest, a holding and telecom

company, hired Accenture on top of - some say instead of - Andersen

Consulting.

A decade of achievements in fostering transparency, better corporate

governance, and more realistic accounting in central and eastern

Europe - may well evaporate in the wake of Enron and other scandals.

The forces of reaction and corruption in these nether lands - greedy

managers, venal bureaucrats, and anti-reformists - all seized the

opportunity to reverse what was hitherto considered an irreversible

trend towards Western standards. This, in turn, is likely to deter

investors and retard the progress towards a more efficient market

economy.

The Big Six accounting firms were among the first to establish a

presence in Russia. Together with major league consultancies, such

as Baker-McKinsey, they coached Russian entrepreneurs and managers

in the ways of the West. They introduced investors to Russia when it

was still considered a frontier land. They promoted Russian

enterprises abroad and nursed the first, precarious, joint ventures

between paranoid Russians and disdainful Westerners.

Companies like Ernst&Young are at the forefront of the fight to

include independent directors in the boards of Russian firms,

invariably stuffed with relatives and cronies. Together with IPA,

Ernst&Young recently established the National Association of

Independent Directors (NAID). It is intended to "assist Russian

companies to increase their efficiency through introduction of best

independent directors' practices."

But even these - often missionary - pioneers were blinded by the

spoils of a "free for all", "winner takes all", and "might is right"

environment. They geared the accounts of their clients - by

minimizing their profits - towards tax avoidance and the abolition

of dividends. Quoting unnamed former employees of the audit firms,

"The New York Times" described how "... the auditors often chose to

play by Russian rules, and in doing so sacrificed the transparency

that investors were counting on them to ensure."

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