Dassault Aviation, MBDA yet to fulfil offset obligations under Rafale deal: CAG

French aerospace major Dassault Aviation and European missile maker MBDA are yet to fulfil their offset obligations of offering high technology to India as part of the deal relating to procurement of 36 Rafale jets, the Comptroller and Auditor General said in a report released on Wednesday.

The Dassault Aviation is the manufacturer of the Rafale jets while the MBDA supplied the missile systems for the aircraft.

In its report tabled in Parliament, 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.

"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.

​The first batch of five Rafale jets arrived in India on July 29, nearly four years after India signed an inter-governmental agreement with France to procure 36 aircraft at a cost of Rs 59,000 crore.

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.

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.

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.

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.

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.

The CAG said it undertook the performance audit of the offset policy after a decade of its roll out to assess the extent to which its objectives were met.