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- Info
ACIJ vs. MAN Ferrostaal Argentina S.A.
Case overview
| Date filed |
17
March
2011
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| Current status |
Concluido
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| Issue |
Breaching of general policies and bribery in Argentina
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| Summary of the case |
In March 2011, the Argentinian NCP received a request for review from the NGO Asociación Civil por la Igualdad y la Justicia (ACIJ) alleging that the multinational enterprise MAN Ferrostaal Argentina S.A., controlled by MAN Ferrostaal AG Group in Germany, had breached the general policies and combating bribery, bribe solicitation and extortion provisions of the Guidelines in Argentina. The complaint alleged that the company bribed members of the Argentine military, public officers and lawyers, in order to secure the aware of a contract for the design of sea patrol vessels.
The complainants requested that Ferrostaal Argentina S.A. recognize the OECD Guidelines, explain its policy and the measures it takes to fight corruption (both internally and externally), to collaborate both in court and in the Specific Instance and to explain its position in relation to the complaint.
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| Developments/Outcome |
In May 2011, the Argentine NCP offered its good offices for the parties to undergo mediation. In August 2011, Ferrostaal Argentina S.A. requested an end of the specific instance, because a) while they believe they comply with the Guidelines, the Guidelines are not legally binding; b) there are criminal court proceedings underway regarding the case; and c) The Ferrostaal Group and Forrostaal Argentina S.A. have adopted preventative measures and procedures in its new Code of Conduct, as a means to fight corruption.
The NCP had then gathered information about the state of the proceeding and consulted with the Asociación Civil por la Igualdad y la Justicia to know its intention to continue the proceeding.
On 11 November 2016, the Argentine NCP closed the case, stated that they had attempted to bring to gather the parties to foster dialogue, however, no agreement was reached. They said because of the lack of progress “in the demarches undertaken for the two parties to sit at a dialogue table, the ANCP considers that it cannot effectively implementing its role as facilitator.” It is not clear whether any mediation meetings were ever held, and if so, what was discussed. In closing the complaint, the ANCP encourages the two parties to consider finding a way to constructively work together to resolve the issues on hand.
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| Relevant OECD Guidelines |
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| Case keywords |
Soborno / Corrupción
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NCP Information
Complainant
Company Information
Timeline of developments
| Date |
Actor |
Action |
Description |
Document |
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11
November
2016
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National Contact Point Argentina |
declaración |
Final Statement, while mediation had been offered to the parties, its unclear whether mediation meetings had occurred. |
download pdf
(82Kb)
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31
May
2011
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National Contact Point Argentina |
aceptar |
The ANCP accepts the complaint for mediation |
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31
March
2011
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National Contact Point Argentina |
emails |
The NCP is consulting the Asociación Civil por la Igualdad y la Justicia to know its intention to continue this proceeding. No additional information has been provided by the NGO to date. |
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