|
Inside story of LTTE’s radio
booty
By Frederica Jansz An apparent sinister move by the LTTE to import an entire consignment of radio equipment from Singapore has surfaced as being nothing more than an attempt to evade a Rs. 2 million customs duty. An in-depth investigation by The Sunday Leader has found that the recent controversy over the government having allowed the LTTE to import new radio equipment for its station the ‘Voice of Tigers’ boils down to the fact, the Tigers involved the Royal Norwegian Embassy to facilitate the import in order to avoid paying over Rs. 2 million in customs duty. The radio equipment in reality was not a gift from the Norwegians to the LTTE. The LTTE in this instance did not attempt to smuggle the items through Colombo, but formally sought approval for the import from the government as well as an official radio license. Functioning its political arm out of their own Peace Secretariat in Kilinochchi, the Liberation Tigers of Tamil Eelam (LTTE), were keen to secure a license to operate their clandestine radio station the Voice of Tigers. One of the purposes the LTTE says it sought a license to do so was to begin disseminating news to the Tamil people on the ongoing peace process. Keen to legalise the rebel radio station, the LTTE made an official request from the government to do so. The radio equipment was purchased in Singapore, doubtless with the assistance of expatriate Tamils and arrangements made to ship the consignment to Colombo. The government meanwhile refused a request by the LTTE to waive the customs duty that would be incurred on the items once it arrived in Colombo. That is what led to the Norwegians coming into the picture. On November 11, Secretary, Mass Communications Ministry, Kumar Abeysinghe wrote to the Secretary General of the Peace Secretariat informing him that a license had been issued on the approval of Minister Imtiaz Bakeer Markar to the LTTE to operate and maintain a private radio station. The Minister had granted such approval by virtue of Section 44 of the Sri Lanka Broadcasting Corporation Act No. 37 of 1996 on the same terms and conditions accorded to radio stations in Sri Lanka’s south. The terms and conditions stipulate that the licensee shall provide broadcasting programmes in accordance with the norms, standards and code of ethics followed by the Sri Lanka Broadcasting Corporation. That the licensee shall confine its broadcasting programmes to educational, sports, entertainment and foreign news. That the licensee shall broadcast local news only with the approval of the director of information. And that the licensee shall abide by all conditions laid down by the Monitoring and Approving Committee. Also, that advertising shall be in accordance with the norms and ethics adopted by the Sri Lanka Broadcasting Corporation. Whether the government will be in a position to maintain any kind of checks or balances or impose a fine if the LTTE choose to violate these conditions remains to be seen. Nevertheless, once informed that the government license had been approved, the LTTE moved the Royal Norwegian Embassy and sought their assistance to clear the items. When a diplomatic mission clears imported goods, there is a duty waiver. Section 19 (1) of the Customs Ordinance reads as follows: “The Minister may from time to time by order published in the gazette exempt the consular officers or clerks of the foreign states named in such order from payment of customs duty on goods consigned to or imported to or cleared out of bond by or for the use of such consular offices or clerks.” This clause however, certainly does not give any diplomatic mission the right to clear imported items on behalf of a third party. Be that as it may, the Norwegian Embassy wrote to the Foreign Affairs Ministry seeking permission to clear this equipment. In other words, the Norwegians sought a duty waiver. The mistake made in this instance is that this privilege is accorded only if such items are for the use of the diplomatic mission concerned and definitely not for any other party. That the Norwegians facilitated this import on behalf of the LTTE is a contravention of the laws of this land. In this context, irrespective of their intentions, the Norwegians had violated Section 19 of the Customs Ordinance. That is because, once cleared, the Norwegians handed over the items to the government Peace Secretariat, which forms part of the Prime Minister’s office. Needless to say, even at this juncture, the Peace Secretariat should have ensured the duty of over Rs. 2 million was collected from the LTTE. Meantime, Sri Lanka Customs could not inspect the container since the consignee was a consular service. Aware of the various connotations to this issue and since the goods were to be transported to the LTTE, Defence Secretary Austin Fernando insisted the container be searched. Fernando took this decision as a precautionary measure against any other items being introduced into the container. Though Sri Lanka Customs could not check the container due to the fact that the consignee was named as the Royal Norwegian Embassy, Fernando ordered a thorough security check after the customs cleared the goods at the very location. Thereafter, he appointed a four member team to inspect the consignment. They were: Advisor, Mass Communications Ministry, R. D. Somasiri, Director Signals, Sri Lanka Army, Brigadier W. S. A. de Silva, Director Electronics and Telecommunications Sri Lanka Air Force, Group Captain A. Gunewardena and Additional Director General, Sri Lanka Rupavahini Corporation, Upali Arambewela. Having inspected the container, all four members of the inspection team signed a document, which they handed over to Austin Fernando on November 26, stating that the items contained therein were all parts of radio equipment and nothing else. (See box for full details of items). Thereafter, the question of transporting the goods arose. Fernando was determined to ensure that nothing was introduced to the container en-route to Kilinochchi. Thus, having sealed the three boxes, he telephoned IGP T. Anandarajah and Interior Ministry Secretary M. N. Junaid and told them he wanted an escort to travel up to Omanthai with these items. Fernando stressed that the escort was not to protect the items inside the container, but to ensure nothing was introduced en-route before the box was handed over to the LTTE. Anandarajah sent a chief inspector from the Fort police called Liyanapathirana who travelled with this equipment up to Omanthai from where the LTTE took it over. Ironically, Fernando who took steps to ensure there was nothing introduced into the boxes en-route to the LTTE, came under attack by the opposition as a LTTE sympathiser. Prime Minister Ranil Wickremesinghe has now demanded that the LTTE pay the government the Rs. 2 million in duty as he has determined that the Tigers do not hold the right to import the items albeit via the Norwegian Embassy and thus evade paying due taxes. Despite the People’s Alliance and the JVP voicing strong objections to the LTTE having been granted a license to operate their radio station legally, it is noteworthy to point out at this stage that the Tigers by formally applying for the license have accepted Sri Lanka’s sovereignty and Sri Lankan law. In other words, the LTTE have in this instance at least, in seeking legitimacy for their radio station have subjected themselves to government regulations and become part of mainstream rules and regulations. Report submitted by the four member committee Ministry of Mass Communication Level 17 West Tower World Trade Center Colombo. Secretary, Ministry of Defence, Colombo 03 26th November 2002 Inspection of Communication Equipment 1. As instructed by the Secretary, Ministry of Defence, the following committee was appointed to inspect the consignment of communication equipment received by the Royal Norwegian Embassy. Mr. R. D. Somasiri, Advisor Ministry of Mass Communications Brigadier Y. S. A. de Silva, Director Signals, Sri Lanka Army Group Captain A. Gunawardana, Director, Electronics & Telecomm. Sri Lanka Air Force Mr. Upali Arambewela, Additional Director General, Sri Lanka Rupavahini Corporation 2. The items which were inspected are listed in Annex “A”. 3. Following observations are made with respect to the items inspected a. As per the items list (Annex B) provided by the Secretary Ministry of Defence, the following items were not found with the consignment i. VMC ii. VSAT Communication Unit b. The FM transmitter equipment in this consignment are capable of being used for FM broadcasting and Radio Data Transmission. c. The equipment is tuned to 99.0 MHZ (as per the data sheet provided) with a power output of 1kW. It is noted that this frequency is already allocated to Shri FM. d. Due to the non-availability of the antenna specification, the final output power (EIRP) cannot be determined e. Despite the approval given for 98.0 MHZ for the FM broadcast, the data sheet of the inspected transmitter equipment reveals 99.0 MHZ as its frequency of operation. f. The Radio Data System (RDS) equipment that has come with this consignment is capable of sending data from point to multi-point and cannot be monitored without a specific decoder. g. This transmitter is designed to handle frequencies from 87MHz to 109Mhz where as FM frequency band assigned in Sri Lanka for FM broadcasting, if from 87.5 Mhz to 108.0 Mhz. Upali Arambewela, Additional Director General, Sri Lanka Rupavahini Corporation, (A Gunawardana) Group Captain, Director Electronics & Telecomms. Sri Lanka Air Force, (Y. S. A. de Silva) Brigadier Director Signals, Sri Lanka Army, R. D. Somasiri Advisor, Ministry of Mass Communications Communications, Copies to: 1. DG/SCOPP 2. Mr. Liyanapathirana Chief Inspector-Police Annex “A” Package #01 Description Qty 1 FM Broadcast Antenna (4 Panels) Ea 01 2 7/8" RF feeder Cables Rolls 01 3 Splitter cables Set 01 4 Antenna Splitter Ea 01 5 Cable Guides/Holders Ea 01 Package #02 Description Qty 1 Broadcast Electronics BE FX-50 Exciter Ea 02 2 Rf Amplifier 500 Watts (BE Part No: 334-2500) (87.5 - 108 Mhz) Ea 02 3 RF Amplifier 500 Watts (Be Part No: 334-2500) (87.5-108 Mhz Ea 02 4 Manuals for FM 1C1 1 kW Transmitter/FX-50 Exciter Ea 02 5 PA Combiner (BE Model FM 500C1/FM1C1/FM-1PA) Ea 02 Note: Item Nos. 2,3 & 5 are parts of the FM Transmitter Package #03 Description Qty 1 19" rack mountable compact disc player Sony CDP-D11 Ea 01 2 19" rack mountable Digital FM Stereo Generator Omnia.sg (MPX Clipper/Generator) Ea 01 3 Professional Headphones Sennheiser HD-280 Ea 02 4 Professional Unidirectional Dynamic microphone Shure SM7B (complete with wind shield Ea 01 5 Mic Stand Ea 01 6 Transmitters patch cables Set 01 7 19 “ rack mountable Audio Processor Focusrite Voice Master Ea 01 8 Audio Mixer 20 Channels (20 Input 4 Bus Soundcraft Spirit Sx Ea 01 9 Powered Monitor Speaker System Sony SMS-1P Ea 02 10 19" Rack mountable Mini Disc Recorder Sony MDS-10 Ea 01 11 RDS Encoder Phobos Audio EC2005X Ea 01 12 Furniture for control table with patch panels Ea 01 Letter sent to Prime Minister’s office MC/D2/16 09 Dec. 2002 Secretary to the Prime Minister, Prime Minister’s Office. Dear Sir, Licence to operate and maintain a private broadcasting station Further to the licence issued to operate and maintain a broadcasting station by the LTTE Peace Secretariat. The TRCSL has informed me that, the Peace Secretariat will have to make the following payments, in connection with the above licence: 1. Frequency assignment fee for 12 months - Rs. 22,500 2. Licence fee and power charges - Rs. 45,000 to be paid after the test transmissions are in order. 3. Yearly licence and power charges Rs. 45,000 payable yearly to TRCSL. I am also enclosing the Memorandum, which has been forwarded to me by DGT/TRCSL, for further information. Yours sincerely, (Kumar Abeysinghe) Secretary, Ministry of Mass Communication. Licence for radio station MC/D2/16 11 Nov.2002 Secretary General LTTE Peace Secretariat Licence to Operate and Maintain a Private Broadcasting Station I hereby issue a licence to operate and maintain a private Broadcasting Station to LTTE Peace Secretariat, on the approval given by the Hon. Minister of Mass Communication, under the powers vested in him by virtue of Section 44 of the Sri Lanka Broadcasting Corporation Act No. 37 of 1966 on the following terms and conditions: (1) The licensee shall provide broadcasting programmes in accordance with the norms, standards and code of ethics followed by Sri Lanka Broadcasting Corporation. (2) The licensee shall maintain a broadcasting service of high quality, both, as to the transmission and the matter transmitted. (3) The licensee shall confine its broadcasting programmes to educational, sports, entertainment (with desirable family content) and foreign news. (4) The licensee may broadcast local news only with the approval of the Director of Information. (5) The licensee shall abide by the conditions that are laid down by the monitoring and approving committee established for the operation of private television and broadcasting stations and also by any other government authority in relation to programme content, quality and the time limits and presentation of tapes for a period of two weeks after broadcast. (6) All advertising shall be in accordance with the code of ethics adopted by the Sri Lanka Broadcasting Corporation. (7) This licensee shall be a temporary one until such time that a formal licence is issued. (8) The licensee fee will be notified in due course. (9) Assigned frequency is 98 MHz subject to the following: Location Kilinochchi Output power from the final stage of the Transmitter 5kw Coverage area 20 km radius Altitude 75 m (10) The Minister may impose any other conditions from time to time which is deemed necessary for the purpose of carrying on the service of broadcasting in Sri Lanka and for developing, extending and improving the service and for matters connected herewith or incidental thereto. (Kumar Abeysinghe) Secretary, Ministry of Mass Communication Approved list FM Transmitter 1. FM Transmitter+Back Up transmitter 2 $52,600 2. FM Antenna (4 Boxes) 1 $18,000 3. FM Audio 1 $800 4. MPX Clipper/Generator 1 $3,850 5. VMC 1 $4,000 6. Antenna Cable 1 $2,600 Edit Room 1. Mixing console 1 $750 2. CD Player 1 $560 3. MD Recorder 1 $906 4. Microphone 1 $595 5. Microphone Holder 1 $95 6. Microphone Processor 1 $2,275 7. Patch Panel 2 $880 8. Loudspeaker 2 $920 9. Head Phones 2 $300 10. Technology Furniture 1 $1,800 11. Cabling 1 $1,500 $93,265 12. Vsat communication unit 1 $25,000 SOURCE- SUNDAY LEADER (D.Prabakaran-india] |