From Wikileaks.org: US Envoy in Bangladesh Recommended Ban on Tarek Zia
C O N F I D E N T I A L DHAKA 001143
SIPDIS
VISAS
DEPT FOR INL, SCA
E.O. 12958: DECL: 11/03/2009
TAGS: ASEC, CVIS, ECON, KCOR, KCRM, KFRD, PGOV, PREL
SUBJECT: VISAS DONKEY CORRUPTION 212(F) (RAHMAN, TARIQUE)
REF: A. STATE 81854
B. 04 STATE 45499
Classified By: Ambassador James F. Moriarty for reasons 1.4(b) and (d)
1. (C) SUMMARY: The Embassy is seeking a security advisory
opinion under section 212(f) of the Immigration and
Nationality Act, Presidential Proclamation 7750, suspending
the entry into the United States of Tarique Rahman (aka
Tarique), born on November 20, 1967 in Bangladesh. The
Embassy believes Tarique is guilty of egregious political
corruption that has had a serious adverse effect on U.S.
national interests mentioned in Section 4 of the
proclamation, namely the stability of democratic institutions
and U.S. foreign assistance goals. The Embassy is not seeking
to apply a 212(f) finding to Tarique Rahaman's wife, Dr.
Zubaida Rahman, to their daughter, Zaima Rahman, or to his
mother Begum Khaleda Zia, a former Prime Minister of
Bangladesh. The following provides the information requested
in Ref A.
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BACKGROUND
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2. (C) Bangladesh is a developing nation in which systemic
corruption has permeated all aspects of public life. Through
2006, the nation topped Transparency International's ranking
of the world's most corrupt governments four years in a row.
The current Caretaker Government, which assumed power in
January 2007 after months of political unrest, pledged to
root out corruption and rid the nation of the kleptocratic
scourge that has so long plagued this poverty-stricken
nation. In fact, corruption has lowered Bangladesh's growth
rate by two percent per year, according to experts.
3. (C) While the Caretaker Government's efforts have met
with some success, the deep politicization of public
administration remains a persistent problem. Cynicism about
the Government's willingness or ability to hold corrupt
leaders accountable remains high. Concerns about corruption
continue to create a vacuum of trust that limits private
sector investment and undermines public confidence in a
democratic future.
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TARIQUE RAHMAN
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4. (C) Tarique Rahman, the notorious and widely feared son
of former Prime Minister Khaleda Zia, was released on bail
from prison on September 3. He departed Bangladesh to seek
medical treatment in the UK on September 11. Having served as
the Senior Joint Secretary General of the Bangladesh
Nationalist Party, Tarique is an extremely high profile
political figure. Notorious for flagrantly and frequently
demanding bribes in connection with government procurement
actions and appointments to political office, Tarique is a
symbol of kleptocratic government and violent politics in
Bangladesh. His release occurred despite multiple pending
cases against him on charges of, inter alia, corruption,
extortion, bribery, embezzlement and tax evasion. With deep
political ties that reach the highest court in the land,
Tarique managed to manipulate the judicial process and
overcome a concerted effort by the Caretaker Government to
block his bail. We believe Tarique has several passports,
including a new one in which the UK issued him a visa in
September. Another passport contains a five year
multiple-entry B1/B2 visa (issued May 11, 2005). We suspect
that passport is being held by the government.
5. (C) The Anti-Corruption Commission (ACC), a body
empowered by the current interim government to investigate,
charge, and prosecute high profile malefactors, has levelled
serious charges against Tarique. Tarique reportedly has
accumulated hundreds of millions of dollars in illicit
wealth. There are multiple extortion cases pending against
him, founded on the testimony of numerous prominent business
owners who he victimized and exploited. In one case, Tarique
allegedly threatened Al Amin Construction owner Amin Ahmed
with closure of the company unless he received a payment of
150,000 USD. Other local business leaders, including Mohammad
Aftab Uddin Khan of Reza Construction, Ltd, Mir Zahir Hossian
of Mir Akhter Hossain Ltd., and Harun Ferdousi have each
filed accusations detailing a systematic pattern of extortion
on a multi-million dollar scale. The ACC has also filed
charges of concealing ill-gotten wealth, and the National
Board of Revenue has brought tax evasion charges against
Tarique. (Note: The Bangladeshi legal system is a
testimony-based system and not an evidence-based system. It
is standard practice for testimonial records to be used as
the primary source of information for prosecutions. End Note)
6. (C) Tarique's corrupt activities were not limited to
extortion of local companies. The ACC has also uncovered
evidence in several bribery cases involving both foreign and
local firms and individuals:
A. Siemens: According to a witness who funneled bribes from
Siemens to Tarique and his brother Koko, Tarique received a
bribe of approximately two percent on all Siemens deals in
Bangladesh (paid in US dollars). This case is currently
being pursued by DOJ Asset Forfeiture (POC: Deputy Chief
Linda Samuels) and by the FBI (POC: Debra Laprevotte).
B. Harbin Company: ACC sources report that the Harbin
Company, a Chinese construction company, paid 750,000 USD to
Tarique to open a plant. According to the ACC, one of
Tarique's cronies received the bribe and transported it to
Singapore for deposit with Citibank.
C. Monem Construction: An ACC investigator advised Embassy
officials that Monem Construction paid a bribe worth 450,000
USD to Tarique to secure contracts.
D. Kabir Murder Case: The ACC has evidence that Tarique
accepted a 210 million taka (3.1 million USD) bribe to thwart
the prosecution of a murder case against Sanvir Sobhan.
Sanvir is the son of the chairman of the Bashundura Group,
one of the nation's most prominent industrial conglomerates.
Sanvir was accused in the killing of Humayun Kabir, a
Bashundura Group director. An investigation by the ACC
confirmed Tarique had solicited the payment, promising to
clear Sanvir of all charges.
7. (C) Beyond bribery and extortion, the ACC reports Tarique
also became involved in an elaborate and lucrative
embezzlement scheme. With the help of several accomplices,
Tarique succeeded in looting 20 million taka (300,000 USD)
from the Zia Orphanage Trust fund. According to an ACC
source, Tarique, who is a co-signer on the trust fund
account, used funds from the trust for a land purchase in his
hometown. He also provided signed checks drawn from the
orphanage fund accounts to BNP party members for their 2006
election campaigns.
8. (C) Tarique's corrupt practices have had deleterious
effects on the U.S. interests specified in the Proclamation.
His antics have weakened public confidence in government and
eroded the stability of democratic institutions. Tarique's
well-established reputation for flouting the rule of law
directly threatens U.S. financial assistance goals directed
toward reforming legal codes, strengthening good governance
and halting judicial abuses. The bribery, embezzlement, and
culture of corruption that Tarique has helped create and
maintain in Bangladesh has directly and irreparably
undermined U.S. businesses, resulting in many lost
opportunities. His theft of millions of dollars in public
money has undermined political stability in this moderate,
Muslim-majority nation and subverted U.S. attempts to foster
a stable democratic government, a key objective in this
strategically important region.
9. (C) Tarique's flagrant corruption has also seriously
threatened specific U.S. Mission goals. Embassy Dhaka has
three key priorities for Bangladesh: democratization,
development, and denial of space to terrorists. Tarique's
audaciously corrupt activities jeopardize all three. His
history of embezzlement, extortion, and interference in the
judicial process undermines the rule of law and threatens to
upend the U.S. goal of a stable, democratic Bangladesh. The
climate of corrupt business practices and bribe solicitation
that Tarique fostered derailed U.S. efforts to promote
economic development by discouraging much needed foreign
investment and complicating the international operations of
U.S. companies. Finally, his flagrant disregard for the rule
of law has provided potent ground for terrorists to gain a
foothold in Bangladesh while also exacerbating poverty and
weakening democratic institutions. In short, much of what is
wrong in Bangladesh can be blamed on Tarique and his cronies.
10. (C) Applying a 212(f) finding to Tarique Rahman supports
the US's strong stand against corruption in Bangladesh.
Embassy recommends that Tarique Rahman be found subject to
Presidential Proclamation 7750 for participating in public
official corruption as defined by Section 1, Paragraph (c) of
the Proclamation.
Moriarty