Controversies[edit]

Government subsidies[edit]
Boeing has continually protested over "launch aid" and other forms of government
aid to Airbus, while Airbus has argued that Boeing receives illegal subsidies through
military and research contracts and tax breaks.[107]
In July 2004 former Boeing CEO Harry Stonecipher accused Airbus of abusing a
1992 bilateral EU-US agreement providing for disciplines for large civil aircraft
support from governments. Airbus is given reimbursable launch investment (RLI),
called "launch aid" by the US, from European governments with the money being
paid back with interest plus indefinite royalties, but only if the aircraft is a commercial
success.[108] Airbus contends that this system is fully compliant with the 1992
agreement and WTO rules. The agreement allows up to 33% of the programme cost
to be met through government loans which are to be fully repaid within 17 years with
interest and royalties. These loans are held at a minimum interest rate equal to the
cost of government borrowing plus 0.25%, which would be below market rates
available to Airbus without government support.[109] Airbus claims that since the
signature of the EU-US agreement in 1992, it has repaid European governments
more than U.S.$6.7 billion and that this is 40% more than it has received.
Airbus argues that the military contracts awarded to Boeing, the second largest U.S.
defence contractor, are in effect a form of subsidy, such as the controversy
surrounding the Boeing KC-767 military contracting arrangements. The significant
U.S. government support of technology development via NASA also provides
significant support to Boeing, as do the large tax breaks offered to Boeing, which
some people claim are in violation of the 1992 agreement and WTO rules. In its
recent products such as the 787, Boeing has also been offered direct financial
support from local and state governments.[110]
In January 2005 the European Union and United States trade representatives, Peter
Mandelson and Robert Zoellick respectively, agreed to talks aimed at resolving the
increasing tensions.[111][112] These talks were not successful with the dispute becoming
more acrimonious rather than approaching a settlement.[113]
WTO ruled in August 2010 and in May 2011 that Airbus had received improper
government subsidies through loans with below market rates from several European
countries.[114] In a separate ruling in February 2011, WTO found that Boeing had
received local and federal aid in violation of WTO rules.[115]
Cluster bomb allegation[edit]
In 2005 the Government Pension Fund of Norway recommended the exclusion of
several companies producing cluster bombs or components. EADS and its sister
company EADS Finance BV were among them, arguing that EADS manufactures
"key components for cluster bombs". The criticism was centred around TDA, a joint
venture between EADS and Thales S.A. TDA produced the mortar ammunition
PR Cargo, which can be considered cluster ammunition, however this definition has
since been successfully battled by EADS. EADS and its subsidiaries are now
regarded as fulfilling all the conditions of the Ottawa Treaty. According to the new
point of view, no product of EADS or its subsidiaries falls into the category
of antipersonnel mines as defined by the Ottawa Treaty ("landmines under the
Ottawa Treaty"). In April 2006, the fund declared that the basis for excluding EADS
from investments related to production of cluster munitions is no longer valid,
however its shareholding of MBDA means the fund still excludes EADS due to its
indirect involvement in nuclear weapons production.[116]
Insider trading investigation[edit]
On 2 June 2006 co-CEO Noël Forgeard and Airbus CEO Gustav Humbert resigned
following the controversy caused by the June 2006 announcement that deliveries of
the A380 would be delayed by a further six months. Forgeard was one of a number
of executives including Jean-Paul Gut who exercised stock options in November
2005 and March 2006. He and twenty-one other executives are[when?] under
investigation as to whether they knew about the delays in the Airbus A380 project
which caused a 26 % fall in EADS shares when publicised. The French government's
actions were also under investigation; The state-owned bank Caisse des Dépots et
Consignations (CDC) bought part of Lagardère's 7.5 % stake in EADS in April 2006,
allowing that latter to partially escape the June 2006 losses. [117]
Bribery allegations[edit]
South Africa[edit]
In 2003 Tony Yengeni, former chief whip of South Africa's African National
Congress, was convicted of fraud worth around USD5 billion relating to an arms deal
with South Africa, in which Airbus (formerly EADS) were major players, [118]. It was
claimed that Airbus had admitted that it had "rendered assistance" to around thirty
senior officials, including defence force chief General Siphiwe Nyanda, to obtain
luxury vehicles.[119] In March 2003, South Africa withdrew all charges of bribery
against the former head of EADS South Africa,[120] and in September 2004, the
prosecutor's office dismissed the bribery charges against Yengeni.[citation needed]
Saudi Arabia[edit]
In August 2012 the UK's Serious Fraud Office opened a criminal investigation into an
EADS subsidiary, GPT Special Project Management Ltd, regarding bribery
allegations made by GPT's former programme director, Ian Foxley. Foxley alleged
that luxury cars were bought for senior Saudis, and that millions of pounds
sterling were paid to mysterious Cayman Islands companies, possibly to secure a
£2 billion contract to renew the Saudi Arabian National Guard's military
telecommunications network.[121] Foxley's allegations were supported by two other
GPT employees.[122] The later agreement between Airbus and the SFO on 31 January
2020 excluded settlement of this case.[123]
British and French investigations[edit]
The French National Financial Prosecutor's Office (PNF), the UK Serious Fraud
Office (SFO) and the US Department of Justice (DoJ) had been jointly investigating
irregularities in Airbus marketing practices since 2016, in particular the activities of
agents Saudi Arabia, Kazakhstan, the Philippines, Indonesia and Austria, [a] but also
China, the United Arab Emirates, South Korea, Japan, Saudi Arabia, Taiwan,
Kuwait, Turkey, Russia, Mexico, Brazil, Vietnam, India, Colombia and Nepal. [123]
In July 2016, SFO opened a criminal investigation into "suspicions of fraud, bribes
and corruption" after Airbus informed British authorities of a failure to disclose the
role played by some intermediaries facilitating the sale of aircraft. Airbus was
required to provide this information in order to benefit from export credits, which the
British, French and German governments had suspended. In March 2017, the PNF
subsequently opened a preliminary investigation into "suspicions of fraud and
corruption in civil aviation activities" in cooperation with the SFO.[123]
The allegations included that from 2012 onwards Airbus was responsible for
recruiting and remunerating intermediaries to influence the award of civil and military
contracts. Payments worth hundreds of millions of euros in alleged secret
commissions were made and numerous sales including in Saudi Arabia,
Kazakhstan, Philippines, Indonesia, Austria, China and Mauritius were under
suspicion of bribery.[124][verification needed][125]
The investigation focussed on the Airbus, Strategy and Marketing Organization
(SMO), the department responsible for negotiating sales contracts and which, La
Tribune reported as having "a network and an incredible influence around the world."
Directed successively by Jean-Paul Gut and Marwan Lahoud, the SMO was
dissolved in 2016 under the new executive director, Thomas Enders, as part of a
“clean hands” operation.[126]
In 2014, in a case referred to as the Kazakhgate affair, a search at Airbus
Helicopters by French authorities found emails confirming that Airbus had agreed in
principle to pay €12 million in pots of wine to the Prime Minister of Kazakhstan to
facilitate the sale of helicopters. Officers from the Central Anti-Corruption Office
(OCLCIFF) then searched the home of Marwan Lahoud on 8 February, 2016.[b] This
revealed that two Turkish intermediaries had claimed payment of commissions due
in connection with the sale of 160 aircraft to China valued at USD10 billion. A
message by Lahoud suggested that the commissions could reach USD250 million.
The SMO was to conceal these commissions as false invoices for a fictitious
Caspian pipeline project.[c]
In January 2020, French, British and American courts validated three agreements
between Airbus and the PNF,[127] the UK SFO,[123][128] and the US DoJ.[129][130] Airbus
recognised the charges and agreed to pay fines of €3.6 billion in France, €984
million in the United Kingdom and €526 million in the United States. The penalties
were the highest ever issued by the French and British bodies. [131][132][133]
These settlements close the prosecution of Airbus regarding the Kazakhstan case
but not allegations of misconduct in Saudi Arabia, China and Turkey, which Airbus
denies.[134] Airbus managers may still be pursued as private individuals. [d]

See also[edit]
• Airbus Training Centre Europe
• Aerospace industry in the United Kingdom
• Airbus affair
• Boeing
• Bombardier Aerospace
• Comac
• Competition between Airbus and Boeing
• Competition in the regional jet market
• Embraer
• Liebherr Aerospace
 • United Aircraft Corporation

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1. ^ "The reports identified problematic transactions in the

sale of civil aircraft in several countries, including Saudi
 Arabia, Kazakhstan, the Philippines, Indonesia and
Austria. This list is far from exhaustive"[124]
2. ^ "In February 2016, French police officers from the
Central Anti-Corruption Office searched the homes of
both Lahoud, Airbus's former second-in-command"[124]
3. ^ "They revealed, too, the tricks the SMO used to hide the
alleged commissions on the sale of 34 Airbuses to
Turkey, thanks to false invoices in relation to a fictitious
pipeline project in the Caspian Sea"[124]
4. ^ "The Agreement does not provide any protection
against prosecution of any natural ' persons" [123]

Further reading[edit]
• Congressional Research Service (1992). Airbus
Industrie: An Economic and Trade Perspective.
U.S. Library of Congress.
• Heppenheimer, T.A. (1995). Turbulent Skies: The
History of Commercial Aviation. John
Wiley. ISBN 0-471-19694-0.
• Lynn, Matthew (1997). Birds of Prey: Boeing vs.
Airbus, a Battle for the Skies. Four Walls Eight
Windows. ISBN 1-56858-107-6.
• McGuire, Steven (1997). Airbus Industrie:
Conflict and Cooperation in U.S.E.C. Trade
Relations. St. Martin's Press.
• McIntyre, Ian (1982). Dogfight: The Transatlantic
Battle Over Airbus. Praeger Publishers. ISBN 0-
275-94278-3.
• Thornton, David Weldon (1995). Airbus Industrie:
The Politics of an International Industrial
Collaboration. St. Martin's Press. ISBN 0-312-
12441-4.

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