. The Company has signed a Deferred Prosecution Agreement ("DPA") with the U.S. Department of Justice ("DoJ") resolving the reopened investigation into the Company's legacy issues and the investigation into the Company's relationship with Unaoil
. As part of the overall resolution, SBM Offshore USA, Inc. a U.S. subsidiary of SBM Offshore, pleaded guilty to a single count of conspiracy to commit a violation of the U.S. Foreign Corrupt Practices Act
. The Company and SBM Offshore USA, Inc. agree to pay monetary penalties in the total amount of US$238 million
. The terms of the resolution reflect the Company's cooperation and confidence in the quality of the Company's compliance program and efforts by current management.
The agreements relate to a conspiracy to violate the U.S. Foreign Corrupt Practices Act. The resolution references Brazil, Equatorial Guinea, Angola, Iraq and Kazakhstan from 1996 until 2012. The Company admits, accepts, and acknowledges that it is responsible under the U.S. Foreign Corrupt Practices Act for the acts of its officers, directors, employees, and agents as set out in the filed documents. Under the terms of the DPA, the DoJ agrees to defer prosecution of the Company during the term of the DPA (three years). After completion of the term of the DPA and fulfillment of the conditions, the charges against the Company will be dismissed.
The Company agrees to pay total monetary penalties in the amount of US$238 million, of which the Company will pay on behalf of its U.S. subsidiary, SBM Offshore USA, Inc. US$500,000 as a criminal fine and a forfeiture of US$13.2 million as part of the subsidiary's guilty plea. The penalties and forfeiture of the Company's resolution with the Dutch authorities in 2014 and the amounts provisioned by the Company for resolution of its legacy issues in Brazil have been taken into account.
The Company has provisioned for the US$238 million penalty amount. Payment will be due within ten business days.
The Company's cooperation in the DoJ's investigation, including conducting a thorough internal investigation, making regular factual presentations to the DoJ, voluntarily making employees available for interviews, producing documents to the DoJ, collecting, analyzing, and organizing voluminous evidence and information, has been recognized by the DoJ.
The DoJ recognized that the Company engaged in remedial measures since 2012-including terminating employees who were involved in the criminal conduct and terminating numerous agency relationships with third parties-and the Company's commitment to its compliance program and internal controls. Based on the Company's remediation and the state of its compliance program, the DoJ determined that an independent compliance monitor was unnecessary.
The agreements do not provide any protection for individuals against prosecution, regardless of their affiliation with the Company. As part of the deferred prosecution agreement and guilty plea, SBM Offshore will continue to cooperate with the DOJ.
De AEX licht lager op 541.04 -0,38 -0,07% SBM EUR 13,72 -2ct vol 38.000