Rafale Maker Dassault Aviation Failed In Its Obligations Including Tech Transfer, Finds CAG

The Rafale Fighter Jets that were recently inducted into the India Air Force has a history mired in controversy ever since the talks to purchase them from the French firm began.

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French aerospace major yet to fulfil obligations

Adding another chapter to the list of controversies, the Comptroller and Auditor General (CAG) has said that the French aerospace major Dassault Aviation and European missile maker MBDA are yet to fulfil their offset obligations of offering high technology to India under the Rafale aircraft deal.

In its report tabled in Parliament, the national auditor said the Dassault Aviation and the MBDA proposed in September 2015 to discharge 30 per cent of their offset obligations by offering high technology to the Defence Research and Development Organisation (DRDO), but the two firms are yet to do it.

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The DRDO was looking for French technology for indigenous development of an engine for the Light Combat Aircraft Tejas.

CAG paints grim picture of India's offset policy

The CAG also painted a grim picture of efficacy of India's offset policy saying it did not find a single case of foreign vendors transferring high technology to the Indian industry, adding defence sector ranked 62nd out of 63 sectors receiving FDI.

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"In the offset contract relating to 36 Medium Multi Role Combat Aircraft (MMRCA), the vendors M/s Dassault Aviation and M/s MBDA initially proposed to discharge 30 per cent of their offset obligation by offering high technology to DRDO," the CAG said.

"DRDO wanted to obtain technical assistance for the indigenous development of engine (Kaveri) for the Light Combat Aircraft. Till date the vendor has not confirmed the transfer of this technology," according to a press release issued by CAG.

India's offset policy

Under India's offset policy, foreign defence entities are mandated to spend at least 30 per cent of the total contract value in India through procurement of components or setting up of research and development facilities.

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The offset norms are applicable to all capital purchases above Rs 300 crore made through imports. The offset obligations can be made through Foreign Direct Investment, free transfer of technology to Indian firms and purchase of products manufactured by Indian firms.

The auditor said though the vendors failed to keep up their offset commitments, there was no effective means of penalise them.

"Non fulfillment of offset obligations by the vendor especially when the contract period of the main procurement is over, is a direct benefit to the vendor," it said.

Defence Ministry needs to review policy

The CAG said as the offset policy has not yielded the desired result, the defence ministry needs to review the policy and its implementation.

It needs to identify the constraints faced by the foreign suppliers as well as the Indian industry in leveraging the offsets, and find solutions to overcome these constraints," it said.

The CAG said 48 offset contracts were signed with foreign vendors from 2005 to March 2018 with a total value of Rs 66,427 crore, and Rs 19,223 crore worth of offsets should have been discharged by the vendors by December 2018.

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But the amount discharged by them was only Rs 11,396 crore, which was only 59 per cent of the commitment.

"Further, only 48 per cent (Rs. 5,457 crore) of these offset claims submitted by the vendors were accepted by the Ministry. The rest were largely rejected as they were not compliant to the contractual conditions and the Defence Procurement Procedure."

It said the remaining offset commitments of about Rs 55,000 crore would be due to be completed by 2024.

"The rate at which the foreign vendors have been fulfilling their offset commitments was about Rs 1,300 crore per year. Given this situation, fulfilling the commitment of Rs 55,000 crore by the vendors in the next six years remains a major challenge," the CAG said.

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The auditor found that of the total value of offsets, only 3.5 per cent was contracted to be discharged through FDI with Indian Offsets Partners or IOPs, adding it did not find a single case where the foreign vendor had transferred high technology to the Indian industry.

"The defence sector is ranked 62nd out of the 63 sectors in India in terms of FDI. Similarly, there was hardly any equipment supplied 'in kind' to the Indian industry by the foreign vendor. Thus, the objectives of the offset policy remain largely unachieved," the report said.