THE Malaysian Anti-Corruption Commission (MACC) has already started probing the AirAsia-Airbus kickback scandal implicated by a UK court.

MACC chief commissioner Latheefa Koya said in a statement today that the anti-graft body is in touch with the UK authorities and is already investigating the matter.

“Under the MACC Act we are empowered, and have jurisdiction, to investigate any act of corruption committed by any Malaysian citizen or permanent resident in any place outside Malaysia,” she said.

AirAsia and AirAsiaX were named in court documents in the UK as being the recipients of a US$50 million (RM204 million) bribe from European plane maker Airbus SE.

The documents, part of a multi-billion dollar settlement between the aircraft manufacturer and anti-graft authorities in Britain, France and the US, stated that two directors and/or employees of the low-cost carrier and its long-haul unit were paid the sum for Airbus to secure contracts through corrupt middlemen to sell its aircraft worldwide.

In the settlement, Airbus agreed to pay nearly €1 billion (RM4.5 billion) in the UK, €2.1 billionin France and €530 million in the US.

The documents, sighted by The Malaysian Insight, stated that Airbus paid US$50 million (RM204 million) and offered US$55 million more to sponsor a sports team linked to two unnamed “key decision makers” at AirAsia and AirAsiaX.

“The first count alleges that contrary to Section 7 of the Bribery Act 2010, between July 1, 2011 and June 1,2015, Airbus SE failed to prevent persons associated with Airbus SE from bribing others concerned with the purchase of aircraft by AirAsia and AirAsia X airlines from Airbus, namely directors and/or employees of AirAsia airlines where the said bribery was intended to obtain or retain business or advantage in the conduct of business for Airbus SE,” the court documents said.

“Between October 2005 and November 2014, AirAsia and AirAsia X ordered 406 aircraft from Airbus, including 180 aircraft secured during the indictment period by way of improper payment (made by EADS France SAS, later Airbus Group SAS), and the offer of a further improper payment.

“The improper payment consisted of US$50 million (and Airbus employees also offered but did not pay an additional $55 million) paid to directors and/or employees of AirAsia and AirAsia X airlines as sponsorship for a sports team.

“The sports team was jointly owned by AirAsia Executive 1 and AirAsia Executive 2 but was legally unrelated to AirAsia and AirAsia X,” it added.

The legal documents showed that the further inducements were prevented by an October 2014 freeze on payments.

AirAsia and AirAsia X were significant customers of Airbus at the time of the offences.

The Malaysian Insight has contacted AirAsia for comments. – February 1, 2020.