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Jul 10 2011

Etisalat dealt another blow in India

By James Fontanella-Khan in Mumbai Indian authorities over the weekend accused five directors of Etisalat DB, the Indian joint venture of the UAE's telecoms operator, of alleged foreign direct investment and foreign exchange violations worth about $1.6bn.

Balesh Kumar, the Enforcement Directorate special director who issued the notices, told the Financial Times that Etisalat had increased its stake in Swan Telecom - later renamed Etisalat DB - above 49 per cent without seeking regulatory approval. Under India's FDI rules for the telecoms sector, a foreign group seeking to acquire a stake greater than 49 per cent needs approval from the Foreign Investment Promotion Board for the transaction.

Etisalat acquired a 45 per cent stake in Swan Telecom for $900m in 2008. However, the UAE group later bought another 5 per cent stake from Genex Exim, a small financial services group based in south India, increasing its overall stake above 49 per cent.

"They didn't seek FIPB authorisation for this second deal, this is what we are contesting here," Mr Kumar told the FT. "They have 30 days to explain why they didn't contact the FIPB ... We have not fined them yet."

India's ED is the country's main money laundering watchdog and it has the authority to prosecute and charge penalties for wrongdoing committed in their operative field.

Mr Kumar said that they would be authorised to fine Etisalat if the UAE group failed to clarify its position and that of its executives in the probe.

This is the latest blow for Etisalat in India as the Abu Dhabi-headquartered company has been at the centre of a multibillion dollar telecom probe into the allegedly improper allocation of telecom licences to several companies in 2008.

The Central Bureau of Investigation, India's anti-corruption watchdog, has been probing whether government officials were bribed in 2008 by companies seeking to secure mobile licences at undervalued prices.

The investigation, which started in 2009, was bolstered after an official audit in November alleged that irregularities were committed by the country's telecoms ministry during the allocation of 2G licences, costing the exchequer $39bn.

A former Indian telecoms minister, Andimuthu Raja, and three of his aides, were arrested last February amid allegations of favouring some companies when allocating licences in 2008. All deny wrongdoing.

Shahid Balwa, the vice-chairman of the Indian joint venture, was also arrested in February in connection with the investigation.

Mr Balwa was one of the five directors of Etisalat DB who received a notice from the ED. The other four include two Indian nationals, Vinod Goenka and AS Salauddin, and two UAE nationals, Ahmad Abdulkarim Julfar and Abdul Al Haddad.

Messrs Salauddin, Julfar and Haddad are based in the UAE.

Etisalat has denied any wrongdoing. "Neither Etisalat nor Etisalat DB have received any official communication and is therefore unable to comment at this time. Etisalat wishes to reiterate it always abides by the laws and regulations of the markets in which it invests," the group said in a statement to the FT.

© Financial Times 2011

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