Dutch FPSO provider SBM Offshore has reached a deal with the Brazilian prosecutor under which the prosecutor will refrain from initiating new legal proceedings against the company related to legacy bribery issues in Brazil.
Following a leniency agreement in July with Brazilian Authorities CGU (Ministério da Transparência e Controladoria-Geral da União) and AGU (Advocacia Geral da União) and Petrobras that allowed the company to resume normal business activities with Petrobras, SBM Offshore has now also signed an additional agreement with the Brazilian Federal Prosecutor’s Office (Ministério Público Federal – MPF).
Final settlement
SBM said on Saturday, September 1 that the agreement means that the company had also reached a final settlement with the MPF over alleged improper sales practices before 2012, in addition to that with the Brazilian Authorities and Petrobras.
As with all such agreements signed by the MPF, the agreement is subject to approval by the Fifth Chamber of the MPF. Earlier comments by the Fifth Chamber in 2016, when it did not approve an earlier agreement, have been addressed. As such it is anticipated that approval from the Fifth Chamber should be forthcoming, SBM said.
Under the agreement, the MPF commits to refrain from initiating new legal proceedings against the company under the Improbity Law, Anti-Corruption Law and Public-Procurement Law in relation to the legacy issues in Brazil. The MPF and the company will jointly request the court to formally close the Improbity Lawsuit filed by the MPF in 2017, including the associated provisional measure to secure payment of potential damages. Once approved the case will be closed and the agreement will become fully effective.
The fine
The agreement provides – in addition to the amounts agreed in the leniency agreement – for the payment of an additional fine by SBM Offshore of BRL 200 million (Brazilian Reais) (approximately $48 million). The additional fine is to be paid to Petrobras in installments: an upfront payment of BRL 60 million, with seven BRL 20 million installments thereafter.
This additional agreement brings the total amount of the provision established by the company in respect of legacy issues in Brazil from $299 million to $347 million.
CGU, AGU and Petrobras have expressed support for this additional agreement with the MPF.
Erik Lagendijk , Chief Governance and Compliance Officer and Member of the Management Board, commented: “We are pleased that following the recent agreement with Petrobras and Brazilian Authorities we now also have reached an agreement that removes the uncertainties around the remaining litigation risk over our historical legacy issues in Brazil.”