#Ukraine anti-corruption bureau finds evidence of corrupt ownership of #JanDeNul

The National Anti-Corruption Bureau of Ukraine (NABU) has obtained evidence as to ownership of the parliamentarian Segey Faermark in the Ukrainian subsidiary of the Belgian giant Jan De Nul. 

On 9 December, NABU officers conducted searches in the offices of the Ukrainian Sea Ports Authority (USPA), the office premises of Jan de Nul Ukraine, as well as private apartments of Maxim Shirokov, the head of tender committee of USPA and Sergey Faermarks affiliates.

According to BUSINESS VESTI, NABU officers were able to seize explicit evidence in the course of the search in Jan de Nul's Ukraine office, as well as in private cars and apartments associated with the company’s management. In particular, during the investigatory search in one of the cars a laptop bag was found in a trunk, containing a USB drive. It turned out that it belongs to Alexander Lazanyuk, personal financial advisor of Sergey Faermark.

Electronic media was secured, revealing a turnover balance sheet for the “corrupt rent”, as well as scan copies of the internal register documents for Cyprus Havoret Investments Limited Company and Medit Consortium Dredging Company, including power of attorneys and trust agreements with the ultimate beneficial owner, which is identical for both companies.

It was recalled that these two companies received controlling interest in Jan de Nul Ukraine right in the course of the tender for dredging in the Yuzhny sea port. It cannot be ruled out that on the basis of the secured documents that an appeal to the Parliament will be initiated to remove Sergey Faermark’s parliamentary immunity, as he failed to indicate in his electronic declaration of assets and interests the ownership of any offshore corporate entities.

Jan de Nul Ukraine press-centre noted that NABU officers had searched not only the company office, but also home addresses and personal cars of company management. “NABU seized all documents, electronic media and computer equipment,” said a spokesman. The company believes that the searches are connected with an attempt to stop the company participation in the tender for dredging in the amount of $100 million in the Yuzhny sea port, scheduled for the end of December 2016.  It is known that Jan De Nul Ukraine won the tender in October 2016 to carry out dredging in the in the Yuzhny sea port.

However, the results of the tender were contested by the Anti-Monopoly Committee of Ukraine, as the offer of the winner was more expensive than its competitors by around $4 million.

It was also found that Jan De Nul Ukraine formerly had been owned by the well-known Belgian company Jan De Nul. But exactly up to the moment of tender results announcement, Jan De Nul Ukraine changed its ownership. The ownership of 55% shares of Jan De Nul Ukraine was transferred to two Cypriot offshore companies. Andrey Rozov, the former assistant of Sergei Faermark was assigned as the company director.

The head of the tender committee of the Ukrainian Sea Ports Authority Maxim Shirokov, who was associated with Sergei Faermark, claimed that the change of ownership is not a violation, and Cyprus is a part of European Union, so he was sure that there had been no reason to reject the bid by Jan De Nul Ukraine. Faermark also denied allegations of lobbying the company.

In late November, Ukrainian Prime Minister Vladimir Groisman instructed the Ukrainian Sea Ports Authority to cancel the tender for the sea channel reconstruction and inner water approaches to the deep-water berths of Yuzhny sea port due to lack of transparency, and to conduct a new tender through the system of electronic public bidding 'ProZorro'.

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