In the next few months in Switzerland could begin the trial of bribery of officials and money laundering, which will be attended by former and current top-managers of "Gazprom". As it became known to "Vedomosti", the Swiss prosecutor's office conducts an investigation against a former member of the Board of "Gazprom" Bogdan Budzulyak, deputy head of "Gazprom" of the Department of Transportation, Underground Storage and Utilization Alexander Shaikhutdinova, former president of the representative office "ABB Russia" Mikhail Chesnakova and former head of "ABB Russia" and "Alstom Russia" Vladimir Ushakov. This was confirmed by the familiar suspects and two actors.
"Daughter» Siemens group company Siemens Industrial Turbomachinery (SIT), in 2004-2006, won a contract to supply turbines for gas pumping stations pipeline Yamal -. Europe (. Cm incision), paid consultation, which involved including fuel "Gazprom" management. This follows from the materials shown "Vedomosti" defendants in the case and their friends. Investigators believeThat advice could be a veiled bribe. Sami suspects believe that the consultations had been lawful and that the investigation is politically motivated.
"Vedomosti" figured out who pays for what SIT.
The Swiss investigation began with the accidental discovery. In March 2010, checking the ABB group, the police found a consulting agreement 1990s - early 2000s. between "daughter» ABB and some Cypriot firm Burlingame Consulting Limited (hereinafter referred to Burlingame). Agreements were almost in the same box with other documents on which the money was paid to the families of various officials of the countries of the Third World. Consulting agreement with an unknown company always raises questions, because consulting fees has long been the most popular way to pay a bribe.
Found agreement served as the basis for excitation of two criminal cases. One - in relation to the SIT, which until 2003 was part of the Swiss group ABB and the French Alstom (more info see incision.). And the other - against Budzulyak, Shaikhutdinova, YShakova and Chesnakova. Investigators traced the bank postings and found that the money paid SIT Cypriot company, listed on the accounts of the first three defendants in the Zurich branch of the French bank Credit Lyonnais (now the Credit Agricole). Burlingame itself was registered in Cyprus via Chesnakova. He helped to open accounts at Credit Lyonnais special purpose Budzulyak, Shaikhutdinov and Ushakov.
"Chesnakov Burlingame created at the direction of management of ABB, payment consultations while also carried out on the orders of ABB management, such decisions are not within the competence of Chesnakova" - ckazal "Vedomosti" his lawyer Bogdan Prensilevich. According to him, did not get beyond the year 2000 was the administrator Chesnakov Burlingame volunteer for this money and never worked for Alstom or Siemens.
Without waiting for the court, the SIT has recognized that "not controlled properly" contracts for the provision of consultancy services. The company agreed to pay 125,000 francs compensation, sacrificing them to the International Committee of the Red Cross, as well as to give the Swiss a budget of $ 10.6 million illegally received profityli. Therefore, the case against SIT was discontinued in 2013. Siemens representative previously confirmed "Vedomosti" that the office of the Attorney General of Switzerland has stopped investigation against SIT. "The investigation was due to the circumstances of [took place] until 2006, which we have inherited, bought SIT. The charges in the case of SIT associated with improper supervision of a business partner in the period up to 2006, but not the company itself. Siemens actively cooperated with the authorities in the investigation, "- he said.
The case against SIT Russian consultants continues. After his driving means on the accounts of the suspects have been frozen. They themselves are trying to prove his innocence.
"My only mistake was that I placed the money in Switzerland!" - Annoyed now one of the suspects.
Familiar Shaikhutdinova of "Gazprom" say that the consultations that attracted the former Head of "Gazprom" on transportation, storage and processing of gas, the late Anatoly Boiko, and the Shaikhutdinov before the start of the investigation have not heard of Burlingame. However, money for its Swiss francsrskom account is now partially blocked.
"Taking advantage of the fact that I have since my work abroad was a personal account in a Swiss bank, the prosecutor's office and lock it through the bank sent a message - without a signature, partially smeared with black paint, - surprised Ushakov. - From the report indicated that to me and someone else has a claim, because of which the account is blocked. "
According to Ushakov, to understand the motives of these claims, "it was impossible", he always believed that such disputes must be submitted officially - through the Russian prosecutor's office, or at least the personal notification. "And this way seemed more provocative," - said Ushakov.
Ushakov does not agree with the wording of the Swiss prosecutor's office. According to the official results of the investigation SIT case, Siemens subsidiary company acknowledged only that not carefully controlled the consulting agreement, he says. "The materials of SIT business there is no word of bribery or bribery. But the Swiss prosecutor's office on its website released a statement saying that the SIT pleaded guilty isIt does not take appropriate precautions to avoid the payment of bribes to foreign officials. And this recognition is now interpreted as evidence of corruption charges leveled against several people, "- outraged by Ushakov.
However, the SIT case file indicates that the company failed to prevent the organization of a corrupt scheme, and she could go to bribe for the formation of the winning bid for the equipment supplied.
How to pay
Siemens representative partly right in saying that the company "inherited" the problem with the purchase of SIT. Consulting Agreement, which became the subject of criminal proceedings have been concluded with Burlingame in February 2000 and January 2002, but re-issued or renegotiated in 2004, after the SIT has become a "daughter» Siemens.
Agreement, according to investigators, were associated with the construction of three compressor stations on the Polish section of the Yamal - Europe ( "Zambrów," "Szamotuly" and "Ciechanów"), as well as the construction of compressor stations "Ukhta" and "Vuktylskaya" his Russianth site.
Contracts for the construction of compressor stations on the Polish section of ABB received in January 2000, winning customer contracts of this site - Europol Gaz. Construction of three stations cost $ 286 million. For the supply of equipment for the three mentioned stations SIT was to receive $ 73 million. Construction was carried out in 2004-2005. According to the case file, from August 2004 to June 2006 SIT listed Burlingame Cyprus for consultations $ 1.99 million, or 2.7% of the value of their contracts.
Was awarded a contract to supply equipment for compressor stations "Ukhta" and "Vuktylskaya" at $ 45.8 million and $ 44 million respectively, SIT paid in 2004-2006. Burlingame for advice related to each of these projects, $ 0.9 million. That is, payments for consultation amounted to 2% of the value of contracts.
"Get 2-3% of the international contract in the form of payment" for consultations "under the former Gazprom's management does not consider something reprehensible" - says working for a long time with "Gazprom" businessman.
These payments can not be considered a bribe, objects Ushakov.
"In the case everywhere govoGSI for the payment of fees, but it is not true, because in all consulting agreements Burlingame said about reimbursement of costs incurred. Investigators say that the payment of "bribe" was subject to a contract with the structures of "Gazprom", but in reality, all the payments took place after the signing of contracts. Is There bribes that are paid after the contract is concluded? "- asks Ushakov.
According to him, at the beginning of July 2013 the investigators questioned the customer project managers Yamal - Europe in Poland - Europol Gas and general contractor Bartimpex, as well as the former head of ABB Zamech Gazpetro. "All the witnesses confirmed that the supplier of the equipment chosen on the basis of the analysis of the proposals which fulfill the technical Europol Gas Commission, the decision was made by its Board and approved by the Supervisory Board without any external influence," Gazprom ", although experts evaluation requested", - says Ushakov.
Investigators believe that the Cyprus Burlingame SIT did not render efficient services, bythis paid for consulting a total of $ 3.79 million is considered as a bribe.
The Department of Transportation, Underground Storage and Utilization, which until 2008 was headed by member of the "Gazprom" board Budzulyak and where Shaikhutdinov worked as deputy chief, developing, in particular, the technical requirements to be met by purchased for the needs of "Gazprom" equipment. Thus, according to the Swiss investigators Budzulyak Shaikhutdinov and had influence on the selection of suppliers of equipment for compressor stations and the SIT, paying consultation could form suitable for its equipment procurement conditions. Budzulyak, in addition, since 1993, led to "Gazprom" the commission, and then the Committee on Cooperation with Siemens.
Positions chief and deputy head of "Gazprom" department are not decisive for the conclusion of contracts with the gas concern, objection Ushakov: "The Swiss prosecutor's office rather vague idea of the structure of" Gazprom "does not know, for example, that a centralized procurement zanimaetsits subsidiary company "Gazprom equipment", which referred to the influence of the department does not have. "
In addition, SIT won not all Gazprom competitions. For example, it has not been selected to supply the equipment for a compressor station "Coast" project "Blue Stream", which means that the consulting agreement and the participation of "Gazprom" expert consultations were not a determining condition for victory in the state-owned company competitions, insists Ushakov.
"The investigation unproven Announces Consulting Agreement" fictitious ". This is not so - he continues. - [Consulting] work went in three directions: the development of the production of components for gas pumping units in Russia, preparation of technical and commercial proposals, and [about] the project, when involved, for example, specialists in the construction of foundations in permafrost conditions ", - says Ushakov .
"The companies that provide these advisory services, had no experience in the production of gas compressor units, in particular forRussian work in difficult conditions. They did not know the requirements of "Gazprom". If not for these consultations, the production would never have reached a desired level ", - Ushakov said.
According to him, if the staff of "Gazprom" and paid "only as the experts who carried out their work during off-duty time." Besides them attracted engineers and academics. The goal was the development of cooperative production of gas turbines in Russia. Including projects not related to "Gazprom", such as power plants for the "Moscow City" or power in Sochi, "says Ushakov (more about these projects, see. Incision).
Burlingame created to pay all these experts, Ushakov said. A Swiss investigators, in his opinion, just does not understand what the conditions were in Russia in the 1990s.
"The only basis for this matter within the meaning of Swiss prosecutors is the presence of suspected Swiss bank accounts. And the fact that these accounts have been used since the 1990s. to transfer money from the Cyprus Burlingame. The investigation considers only the torn andthe overall context of the fragment associated with the mechanism of compensation cost incurred in Russia, - said Ushakov. - In this case, the investigators did not take into account that while in Russia there was a crisis and devastation - to transfer money in Russia was impossible without complicated bureaucratic procedures, and there were periods when it is, in principle, no one could do. In order to pay for the work of experts, or meeting, at which invited people from different cities, I had to somehow get out of the situation, for example [search for money] on the terms of loan commitments with subsequent compensation from various sources, and sometimes pay out of pocket. And then these costs are reimbursed to the foreign bank account ", - says Ushakov.
However, the technology of production of turbines for gas compressor units and could not be translated by Siemens in Russia. Transfer of technology through the creation of planned in St. Petersburg joint venture for the production of gas turbines for the needs of "Gazprom". In early 1990 Nevsky Plant created a joint venture "Baltic turbo system" with ABB, and then with Siemens. But, as told "Vedomostiostyam "in 2013, the former general director Gennady Lokotkov Nevsky plant, although the Russian partners and sought the transfer of technology, not just the screwdriver assembly, the project was unsuccessful and Siemens continued to supply for the needs of" Gazprom "turbine made outside of Russia. As a result, the joint venture Nevsky Plant and Siemens was liquidated in 2010
How to pay
Now the figures of the Swiss investigation into all blame politics. "It is clear that now there is a political rally," - says one of the familiar gazpromovtsev.
"I think that the purpose of this investigation was to address" Gazprom ", - said Ushakov. - The fact is, the market component, I can assume that his goal - to cast doubt on the legitimacy of the projects of "Gazprom" in Europe. I do not rule and politically motivated, especially since the US is insisting that it is not necessary to develop gas projects in Russia. "
Lawyer Chesnakova Prensilevich does not believe that the investigation may have been politically motivated. He believes that the prosecutors might be interested in this story is simpleabout because the reference to "Gazprom" the officials do an investigation resonance.
The fact that this story drew the attention of the Swiss prosecutor's office, it is not surprising, emphasizes the director of Transparency International in Russia Anton Pominov: "We often have to explain what a" conflict of interests ", which can also be a sign of corruption. If an official state-owned company produces technical requirements for products and at the same time give paid consultations supplier of these products - is at least possible conflict of interest. If the state-owned company does not establish for their employees to certain restrictions, it always causes a lot of questions and may contribute to incorrect behavior. "
"Gazprom" representative of the situation related to the investigation in respect Shaikhutdinova not commented. Budzulyak also answered the questions of "Sheets", directed by his lawyer.