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CIPCE vs. Skanska

Case overview

Date filed 20 May 2009
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 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

Complainant

ONG

Company Information

Company responsible Skanska
Company address Skanska AB
Solna
Sweden
Company website http://www.skanska.com/
Company in violation
Country of operations Argentina
Other companies involved

Timeline of developments

Date Actor Action Description Document
1 November 2009 National Contact Point Argentina statement NCP issues final statement  
1 May 2009 Skanska file Additional information on Skanska's alleged violation of the Guidelines was presented in a new case filed at the Argentinean NCP. download pdf (632Kb)  

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