CIPCE vs. Skanska
Case overview
| Date filed | 1 September 2007 |
|---|---|
| Current status | Concluded |
| Issue | Corruption in Skanska's gas pipeline project, Argentina |
| Summary of the case | Argentine NGO CIPCE filed a complaint against Swedish company Skanska for paying bribes to public servants during the construction of a gas pipeline in Argentina. When the corruptions allegations were publicised, Skanska stated publicly it had dismissed the directors involved. However, Skanska provided the directors with severance pay before re-employing them as consultants in the companys various projects. The complaint contends that Skanskas actions reveal the companys unwillingness to prevent and fight corruption. CIPCE argues the correct course of action would have been to dismiss those involved without severance pay. Skanska argues they needed to find a quick solution. |
| Developments/Outcome | After the Argentine NCP accepted the case in November 2007, both parties agreed to negotiate a mutually acceptable solution, focusing in particular on the Guidelines provision that states, “The enterprise should also foster openness and dialogue with the public so as to promote its awareness of and co-operation with the fight against bribery and extortion. (Chapter VI, Paragraph 3).” CIPCE asked the NCP to request that the OECD Investment Committee (IC) clarify the provision; however, the NCP rejected their request, arguing that the IC does not have the ability to interpret the Guidelines. In September 2008, Skanska withdrew from the process, and accused CIPCE of acting in bad faith and violating the rules of confidentiality. In May 2009, CIPCE presented additional information in a second case against Skanska for alleged violations of Chapter VI. CIPCE requested that the NCP draft a final statement and close the case given Skansas refusal to participate in the process. In November 2009, the NCP issued a final statement, closing both cases without making an evaluation of the validity of the allegations. |
| Relevant OECD Guidelines | |
| Case keywords | Fiscalité, Procédures judiciaires parallèles, Corruption |
NCP Information
| NCP name | National Contact Point Argentina |
|---|---|
| NCP address | Esmeralda 1212, 9th floor C1007ABR Buenos Aires, Argentina |
| NCP website | www.cancilleria.gov.ar/pnc |
| Other NCPs involved |
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Complainant
| ONG |
|---|
Company Information
| Company responsible | Skanska |
|---|---|
| Company address | Skanska AB Solna Sweden |
| Company website | http://www.skanska.com/ |
| Company in violation | Skanska |
| Country of operations | Argentina |
| Other companies involved |
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Timeline of developments
Some developments are only visible to logged in users.
| Date | Actor | Action | Description | Document |
|---|---|---|---|---|
| 1 November 2009 | National Contact Point Argentina | statement | NCP issues final statement | |
| 23 September 2008 | National Contact Point Argentina | reject | The Argentinean NCP rejected the request for intervention by the Investment Committee, arguing that the committee does not have the ability to interpret the Guidelines. | download pdf (211Kb) |
| 26 November 2007 | National Contact Point Argentina | accept | The NCP accepted the specific instance on November 26, 2007. | |
| 1 September 2007 | centro de Investigacion y Prevencion de la Criminalidad Economica | file | CIPCE has brought a case before the Argentinean NCP regarding bribes paid by former Skanska directors to public servants during the construction of a gas pipeline project both in the northern and southern regions of Argentina. | download pdf (208Kb) |
