Petronas awards RM 440 Million Pengerang maintenance contract to private Indian company based in Singapore -Award said to be via "closed tender".

by Ganesh Sahathevan

Posted as reported. The Indian company has a local partner, Science Tech Solutions Sdn Bhd (STS),about which little can be found.The contract is believed to have been awarded via a "closed tender".




Chennai-Based EDAC Engineering Limited’s Overseas Arm Bags Prestigious Long-Term Maintenance Contract From PETRONAS - Malaysia’s National Oil & Gas CompanyThursday, July 25, 2019 1:12PM IST (7:42AM GMT)

The long-term contract for maintenance of one of PETRONAS’ key facilities in Malaysia reaffirms the Companies Engineering & Project Management Skills
Chennai, Tamil Nadu, India: 

 
EDAC Engineering is a Chennai-headquartered leading Indian EPC and O&M player; it is an associate of SPIC. The cumulative value of this contract is estimated at MYR 440 million spread over a ten (5+5) year period.

STS EDAC, the JV was awarded the contract for maintenance of Petronas’ Refinery and Petrochemicals Complex in the PRPC Complex, Pengerang, Johor on 1st July 2019.

Chennai-headquartered EDAC Engineering today announced that its joint venture in Malaysia has won a prestigious long-term maintenance contract from state-owned PETRONAS. STS EDAC Engineering Sdn Bhd (STS EDAC JV), a joint venture between EDAC Engineering Limited (EDAC), India and Science Tech Solutions Sdn Bhd (STS), Malaysia was awarded the contract by Petroliam Nasional Berhad (PETRONAS), Malaysia’s National Oil & Gas Company.

The scope entails maintenance in Petronas’ Refinery and Petrochemical Plants of the Company (PRPC Complex) in Pengerang, Johor, Malaysia. The long-term maintenance contract re-affirms EDAC Engineering’s continuous focus on building high-end engineering and project management skills to service world-class clients across critical sectors like energy, power and manufacturing.

Congratulating the STS EDAC team on its achievements, Ashwin Muthiah, Chairman, AM International Group, Singapore & Principal Investor of EDAC and Chairman of SPIC said, “It is a privilege to partner with PETRONAS, one of Asia’s admired and giant national integrated oil and gas companies. Additionally, we have found a like-minded local partner in STS whose joint efforts is driving our success. We believe the ability to run complicated maintenance contracts for the efficient running of world-class energy assets like that of Petronas is proof of our engineering-led people strengths. I look forward to the company continuing in replicating similar successes for its customers both in India and globally.”

STS EDAC JV was awarded the MYR 440-million long-term maintenance Contract by PETRONAS on the basis of competitive bids from over one hundred participants (both within Malaysia and outside Malaysia). The “Group-wide Master Service Agreement (MSA) for Integrated Turnaround Main Mechanical & Maintenance Mechanical Static (TA4MS)” was presented to the company in March 2019 by way of Letter of Award.

The company went through detailed due diligence, and PETRONAS team got recommendations from current customers like Equate Petrochemicals Co (Equate), a Dow Chemicals’ JV with Kuwait Government & Kuwait National Petroleum Company (KNPC).

At the PRPC complex at Johor, STS EDAC JV has been appointed for the maintenance of a major refinery and petrochemical block comprising several process units and PRPC Utilities & Facilities & PRPC Power.

A contract award ceremony was held on 1st July 2019 at Kuala Lumpur, Malaysia. The ceremony was attended by the senior leadership team from Petronas, EDAC and STS. En. Samsudin Miskon, VP-Procurement from Petronas, Mr. Muhammad Nadzri Bin Mohd Nadzir, Group MD-STS and Mr. Mohd Shukri Bin Mohd Nadzir, CEO-STS and Mr. M. Nandakumar, MD-EDAC along with his team, Mr. B. Valavan Sr. VP and Mr. J. Hariharan, AGM- were present on this occasion.

About EDAC Engineering Limited: (Visit the website click here)

Incorporated in 1987 in Chennai, EDAC Engineering is one of India’s recognized EPC and O&M contractors for Balance of plant packages for power projects. It is an associate of SPIC and the company also undertakes Electro-Mechanical Erection for a wide variety of Industries along with Operations and Maintenance Projects for Power, Refinery and Oil & Gas Plants. It is part of AM International’s infrastructure vertical business.

About AM International: www.aminternational.sg

AM International is a diversified, multinational group of companies with a federated operating architecture. Headquartered in Singapore, it has been trusted by millions of customers for over six decades. Today, many of the group’s businesses are market leaders with footprints across South East Asia, India and the United Kingdom. The group’s business verticals include Fertilizers & Supply Chain, Petrochemicals, Infrastructure, Healthcare and Green Energy. The group’s CSR activities are helmed under the AM Foundation and its initiatives are focused on providing clean drinking water, preventing water contamination and solving the sanitation crisis.
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Whose Islam ? Mahathir , Erdogan and Imran Khan will lead a Muslim renaissance while the Governor of NSW ,her Chief Justice ,Premier and AG continue to support Erdogan's enemy Gulen

by Ganesh Sahathevan






Turkish President Erdogan meets Malaysian PM 
in Ankara
Photograph: Mehmet Ali Özcan



More on the perils of diving into the realpolitik of political Islam from the vantage point of the NSW Supreme Court. Even as the Australian and in particular the NSW legal profession persist with their opposition to Malaysia's Mahathir Mohamad, Mahathir has been busy in Turkey calling for a Muslim renaissance. In doing so he has enlisted the support of Turkey's President Erdogan and Pakistan's Imran Khan, who was recently elected prime minister of Pakistan(see story below).


Meanwhile in New South Wales the Governor ,Her Excellency Margaret Beazley ,her chief Justice , Premier and Attorney General remain steadfast in their support of Fetullah Gulen, Erdogan's sworn enemy. They do so, apparently, to promote better understanding of Islam, and thus tolerance, inclusion and acceptance of Islam.



END



See also

Gulen, Governor Beazley, the Premier and AG NSW and members of the judiciary : Revelation of Gulen's financing raises perception of bias that must be addressed.




Reference

Turkey, Malaysia, Pakistan to lead Muslim renaissance'


Visiting Malaysian premier vouches for new start in Muslim world led by Turkey, Malaysia and Pakistan
News Service16:44 July 26, 2019AA





Experts have welcomed visiting Malaysian Prime Minister Mahathir Mohamad's statement that Turkey, Malaysia and Pakistan can pave the way forward for development in the Muslim world.

"The Islamic world needs a renaissance," said Huseyin Bagci, an expert in International relations at the Middle East Technical University in Ankara.

“And Prime Minister Mahathir made a right point that these countries at least start new projects which make Muslim world compatible and competitive in Islamic sciences, technology, defense, etc.,” Bagci said.

The Malaysian premier arrived in the Turkish capital Ankara on Wednesday evening to kick off his four-day official visit.

Corroborating words of Turkish President Recep Tayyip Erdoğan that solidarity among Turkey, Malaysia and Pakistan “is necessary for the unity of the Islamic world”, Mahathir told reporters at a joint news conference Thursday that it is crucial to relieve the Muslim Ummah from being subjugated by others.

"That is why I proposed that three Muslim countries should work together. At least these three [Turkey, Malaysia and Pakistan]. So that we can speak with a louder voice in terms of many areas; defense, for example,” the Malaysian premier said.

Bagci agreed saying the three countries have common values in democracy, human rights and free press.

“People relatively feel free,” he said, adding: “[However], there is stagnation in Islamic world… there can be kingdoms like in the U.K. but governments come and go which is not the case in most of the Muslim world.”

He noted that Turkey, Malaysia and Pakistan stand out from the Arab world.

“It is interesting that why Prime Minister Mahathir did not mention any Arab country,” Bagci said, referring to their dismal track record in upholding human rights.

Notably, Turkey, Pakistan and Malaysia are among the founders of the Muslim-majority D-8 group that seeks to establish strategic relations, increased trade, and more cooperation among its members. However, the group is yet to realize its potential.

On the apparent failure of D-8, Bagci blamed “too much divisions, corruption and stagnation in Islamic world”.

“The new mechanism which Mahathir has suggested can bring together even Afghanistan and central Asian states,” he said.

Professor Sami A. Al-Arian, director of Istanbul-based Center for Islam and Global Affairs, described the ongoing visit as “historic”.

“This visit by Prime Minister Mahathir to Turkey to meet President Erdogan is historic, as the two leaders have been repeatedly and frequently democratically elected by their people,” Al-Arian said.

He said that these leaders have demonstrated over the years "political stability and economic dynamism”.


According to Al-Arian, Mahathir's visit comes at a time when the economic and political challenges faced by the two governments are “enormous in light of the looming global economic uncertainty as well as the geopolitical shifts across the Middle East because of the U.S. trade war with China, and other regional problems”.

“The U.S. sanctions against Iran and the latest tension with Turkey with regard to the S-400 air defense system, have resulted in having other regional powers, such as Turkey and Malaysia, to come closer together to restructure their relations in order to stand upa to the pressure being applied against their economy and security,” he added.a

China's “Belt and Road” Projects Under Growing FCPA Scrutiny-Another example of how local cover-ups ignore foreign regulatory risks at their own peril-The case of Victoria's Andrews Govt & its OBOR MOU

by Ganesh Sahathevan

Daniel Andrews and Chinese Ambassador to Australia Source: Supplied: Chinese Embassy

In October last year the Andrews Government of Victoria entered into an agreement with the Chinese Government which had the effect of extending Belt and Road (OBOR) projects into Southern Australia.

The Andrews Government kept the agreement secret ,and then under pressure released a MOU it had signed with China, which has since been removed from its websites.

The Andrews Government has gone so far as to ensure that the MOU cannot be found in Web Archives. 

This is an example of the typically childish behaviour of  politicians on  both sides of politics, who seem completely ignorant of the fact that when they venture outside their own (very small) spheres of influence, they come within regulatory regimes that care little for who they are.

Andrews can expect that his agreement with the Chinese will come under the scrutiny of the US DOJ,regardless of how well he thinks he has covered his tacks in Australia:

China's “Belt and Road” Projects Under Growing FCPA Scrutiny

Enforcement activity related to the United States’ Foreign Corrupt Practices Act (FCPA) has proliferated in the Greater China region in recent years as a part of a focus by prosecutors in the U.S. to prioritize FCPA violations by companies in China.

China’s “Belt and Road Initiative” (BRI) has thus seemed naturally to lend itself to scrutiny. Recent corruption scandals related to investment activity in the BRI have made such activity glaring targets for FCPA enforcement actions.

1MDB liability: the BRI under the microscope

The financial scandal involving Malaysia’s state development fund, 1Malaysia Development Berhad (1MDB), the country’s former prime minister, Najib Razak, and the investment bank Goldman Sachs have captivated corporate audiences around the world.

The U.S. Department of Justice (DOJ) has been pursuing enforcement action against corporations and individuals involved for violations of the FCPA. It is also pursuing criminal charges in instances where 1MDB actors used the U.S. financial system to launder funds or to pay bribes and kickbacks.

Specifically, the DOJ has alleged that 1MDB officials used various means to launder illicit funds, including investment in the production of a film made in the United States, and to purchase interests in U.S. businesses and assets. U.S. financial institutions were also used as vehicles to launder money, giving the DOJ jurisdiction to pursue enforcement action. The scandal, which involves politicians, individual businesspeople, government agencies, and private corporations around the world has attracted intense FCPA scrutiny into transactions that 1MDB or Razak were involved in.

Investments made by the Malaysian fund seem to be fair game, including its recent investments into the BRI. There have been rumors alleging connections between Razak and the BRI, apart from his involvement in 1MDB.

It is highly likely that U.S. regulators will examine businesses involved in the BRI more closely for potential FCPA issues and indicators of financial crime that may have been conducted through the U.S. financial system.

The pervasive reach of the DOJ

The FCPA gives U.S. agencies such as the DOJ and the Securities and Exchange Commission (SEC) broad authority to prosecute offenses through the U.S. court system. U.S. individuals and corporate entities, including companies listed on U.S. stock exchanges, are subject to the FCPA if they use any means of interstate commerce in furtherance of a foreign bribery offense committed anywhere in the world.

The recent conviction of Patrick Ho, Hong Kong’s former home secretary, further illustrates how the DOJ can successfully prosecute non-U.S. individuals and corporations for FCPA violations through their connections to the United States. Last December, Ho was sentenced to three years in prison and ordered to pay a $400,000 fine for bribing government officials in Chad and Uganda in exchange for contracts for a Chinese energy company.

The DOJ said its jurisdiction over the matter rested on the fact that Ho was connected to a non-profit group based in the United States during the period in which the offenses were carried out.

BRI compliance considerations

Highly hyped, the BRI has attracted interest from countries around the world, including some with a reputation for corrupt dealings. Many of the investment projects associated with the BRI have also involved industries which are highly susceptible to bribery, such as the infrastructure sector.

Events surrounding 1MDB have cast an even more intense regulatory spotlight on BRI activity. U.S. regulators in particular are likely to scrutinize business dealings related to the BRI, where those dealings have U.S. connections or use U.S. instruments of commerce. As a result, anti-bribery compliance measures that are aligned with the DOJ’s expectations are a must-have, even for non-U.S. businesses.

The DOJ has issued guidance on corporate compliance programs, including an Evaluation of Corporate Compliance Programs in 2017 and, prior to that, A Resource Guide to the U.S. Foreign Corrupt Practices Act.

Anti-bribery compliance can be difficult to guarantee, especially in industries or regions that are considered highly susceptible to bribery. Evidence that a company has made efforts to develop and implement internal controls that reflect best practices from regulators could, however, lessen the fallout should a business become subject to an enforcement action.

In addition to evidence that firms have tested the effectiveness of policies and procedures, staff training and awareness can be another indicator to regulators of the strength and seriousness of a company’s anti-bribery compliance measures.

Businesses are advised to develop training materials that are both relevant and timely. Such training materials should address general risks as well as industry-related vulnerabilities. Case studies of recent enforcement actions, especially the two discussed above, can also be useful in illustrating the far reach of the FCPA to boards, employees and affiliates.

ICAC is of the opinion that Labor's "scheme to evade" electoral funding laws may have involved donations from Minshen Zhu & Top Group but what of Top's donation to NSW Liberals ,and AG Speakman's non-disclosure in annual reports he tabled in Parliament?

by Ganesh Sahathevan

Mark Speakman

As First Law Officer of the state, Mark oversees 
the administration of almost 200 Acts of Parliament, 
the most of any minister in the NSW Government. 

As reported in The Australian, 18 December  2018, in the story    China links key to ICAC’s Labor raid by Brad Norington:

 The NSW Labor Party’s head office in Sydney has been raided by the Independent Commission Against Corruption today as part of an investigation into ALP donations.

In 2016, it was reported that another Chinese-born businessman with links to Mr Dastyari, Minshen Zhu, had written a $2000 cheque for NSW Labor candidate Chris Minns as a donation for the 2015 election — yet Mr Zhu had apparently never met Mr Minns. The cheque was not cashed.

Excerpt from the  SMH story about the same raid, published on 24 July 2019:

Labor had 'scheme to evade' electoral funding laws

NSW Labor has been accused of a “scheme to evade” the state's electoral funding laws, sparking concerns from the corruption watchdog over foreign influence in the electoral process.

The report indicates ICAC considers the matter is serious, complex and of “significant public interest” given its context with possible foreign influence on the NSW electoral process.

It also indicated the targets of the inquiry are ALP officials, members of Chinese Friends of Labor and political donors, who may have allegedly evaded donation laws, which the report suggests can attract jail terms of up to 10 years.

ICAC executed a search warrant on Labor’s Sussex Street office on December 18 over concerns the party had since January 2015 “entered into a scheme to evade the prohibitions and requirements of [the electoral funding act] relating to political donations”.

However, on the NSW LIBERAL side :

NSW Libs received donations of $44,275 from TOP Education Group just before after TOP was granted the "first & only" license issued a private company to award law degrees: AG Speakman and his LPAB refuse to disclose all details in the LPAB Annual Reports

Kit Siang seems to have forgotten this Petronas trading scandal, believed to cost Petronas USD 2 Billion a year

by Ganesh Sahathevan


The following has been reproduced from Lim Kit Siang's blog. Market sources who this writer spoke with in 2009 confirmed these arrangements and estimated that the loss to Petronas my be approximately USD 2 Billion a year.




Oil Trading: Dark Side of PETRONAS

Perhaps the most serious allegation was the disclosure made by Jeffrey Kittingan in June 2008 that 80% of Petronas oil is not sold directly to the world market but is funneled through six option holders. Apparently these option holders or selling agents have obtained their supply from Petronas at well below market price for the next 20 to 30 years. 

If this allegation proves to be correct then these profits would be much less than what could have been realized had the sales been conducted through open and more transparent forward sales. 

When he initially made these allegations more than 4 years ago, Jeffrey Kittingan asked for a white paper or royal commission of enquiry to investigate this scandal. He also asked for a review of the Petronas agreements and to make Petronas open and transparent.

https://blog.limkitsiang.com/2012/10/31/oil-trading-dark-side-of-petronas/

AmBank's Joanna Yu is not a rogue banker, Azman Hashim and senior managers must not be allowed to hide behind her

by Ganesh Sahathevan

Former AmBank relationship manager Joanna Yu Ging Ping is seen at the Kuala Lumpur Court Complex July 22, 2019. — Picture by Hari Anggara

Sarawak Report has shown that Ms Yu was very much in the loop for a number of large 1MDB transactions

Ms Yu is already in trouble.It is hard to see that she would not realise it. As reported by The Star:

Sithambaram: Who were you in contact to get written instructions in regards to Datuk Seri Najib’s current accounts?

Yu: I was in contact with Nik, if I cannot get him I would get Jho Low.

Sithambaram: Who is authorised to give you written instructions?

Yu: The mandate holder, Nik Faisal.

Sithambaram: Why did you contact Jho Low when he is not account holder or mandate holder?

Yu: He was not the mandate holder to give us written instructions, he was, however, the person who facilitated the opening of Najib’s first current account. At that time, he was the contact between the account holder and the bank until the mandate holder was appointed. Many times, I received messages from him inquiring on the account balance, whether it was overdrawn or not.

Ms Yu is reported to have broken down in tears when further questioned by Sithambaram. She is obviously conflicted and she should be made to tell all. Her superiors including Azman Hashim should not be allowed to hide behind her. See:

AMBank Cheah's testimony at Najib's SRC trial: Najib an ordinary customer and Cheah was merely an office boy couriering documents;Azman Hashim was the last to know anything

END

Malaysia will investigate NSW AG and LPAB oversight of the College Of Law: College's Malaysian business removes protective mantle; likely to further expose LPAB Annual report exclusions

by Ganesh Sahathevan

by Ganesh Sahathevan


The story below was published by the well connected Malaysian investigative new site New Malaysia Times. An investigation by all the relevant Malaysian authorities can be expected, and that will involve a forensic examination of the College Of Law Sydney.

Questions about the College's activities in Malaysia have been put by this writer to the two parties ultimately responsible for regulating the College's activities , the Attorney General NSW Mark Speakman and the Legal Professional Admission Board NSW.

The queries have been met with accusations, by the LPAB and the AG of harassment , threat and intimidation by this writer of the College's management.They have gone so far as to object to the Attorney General Malaysia being informed about the  College's activities in Malaysia
They have also excluded from the LPAB's 2018 and earlier Annual Reports , which the AG tables in the NSW Parliament complaints against the College and its management; and in particular statements on the official record that they have made in support of the College.

All the above is  now likely to be investigated in Malaysia.
END

Bar Council education ‘JV’ must be clarified

By Editor , in Scandal on July 19, 2019 . Tagged width: College of Law , Fareed Gafoor , Malaysian Bar

KUALA LUMPUR, July 19 – The Malaysian Bar Council launched its first education venture, a LLM in Malaysian Legal Practise (LLM), last year in collaboration with the College Of Law Australia.

The LLM does not seem to have the approval of Malaysia’s Legal Professional Qualifying Board (LPQB) but the website for the course, which is hosted in Australia, prominently displays the Bar Council crest.

The crest has not been used before to promote a course of study, and queries put to Bar Council President Fareed Gafoor about the use of the crest have been acknowledged but remain unanswered.

NMT has however sighted an email from Fareed dated Friday, May 24, 2019 with regards the LLM and the use of the crest where he states:

Dear Rajen,

We can’t remain silent on this.

Abdul Fareed Bin Abdul Gafoor

Sent from my iPad

It is understood that “Rajen” refers to  Rajen Devaraj, Chief Executive Officer of the Bar Council Secretariat in Kuala Lumpur.

The Bar has remained silent for nearly 2 months since.

Key person suddenly retired during extensive query

The College of Law used to be represented in Malaysia by its Director, Peter Tritt. Tritt have been queried extensively about the LLM and about the College’s business in Malaysia but has refused to provide answers. Tritt has been based in Kuala Lumpur since 2017 but announced on Friday that he had “retired” from the College on 30 June 2019.

It is understood that Tritt has forwarded queries sent him to his head office in Sydney and hence it appears that Tritt is under orders from his Chief Executive, Neville Carter, to remain silent.

Questionable advertising claims?

In advertising on the College’s website Carter has claimed that he had established a Professional Legal Training course for Malaysian Law students seeking admission to practise in Malaysia. There seems to be no evidence of such a course, or of any national level training course for the existing Certificate of Legal Practise.

Carter has also claimed to have produced the “inaugural” Handbook in Legal Practise for Malaysia, in the late 80s. A search of the main law libraries in Malaysia directed by the Chief Registrar, Federal Court Malaysia, has not found any such handbook.

He has also claimed to have, during that time to have identified and addressed “gaps” in Malaysian legal practise, but not even those in practice during that period and since have ever heard of him. Nor are senior practitioners aware of  “gaps” that needed that to be addressed by external consultants.

As CEO of the College Carter  has ultimate responsibility for the College’s Malaysian operation headed by Tritt and variously named the “College Of Law Asia Pacific” and the “College Of Law Asia”. A search by NMT has not revealed any entities registered under those names in Malaysia or in Australia, not even a foreign entities registered to conduct business in Malaysia.

Meanwhile the College, in collaboration with the Bar Council continues to sell its LLM and other courses in Malaysia, deriving a fee income from Malaysian courses.

-NMT

See also

AG NSW justifies exclusion of foreign regulatory risks from Dept of Justice annual reports on the basis that he was threatened, intimidated by the information:The matter of Top Group has implications for all regulators (including the NSW Law Soc)