Daimler AG announced today that it has reached a settlement of the U.S. Securities and Exchange Commission (SEC) and the U.S. Department of Justice (DOJ) investigations of violations of the Foreign Corrupt Practices Act (FCPA) . Under the terms of the settlements, Daimler will pay a fine of USD 93.6 (approx. EUR 70) million and civil disgorgement of profits of USD 91.4 (approx. EUR 68) million . Sufficient provisions have been made to cover these charges.
Daimler cooperated with the SEC and the DOJ regarding the investigation into the past conduct. In the course of the investigation, which began in the fall 2004, Daimler took appropriate personnel and remedial actions to ensure that its conduct going forward complies with the Company’s Integrity Code and with all applicable laws.
“Compliance has high priority at Daimler,” stated Dr. Dieter Zetsche, Chairman of the Board of Management of Daimler AG. “We have learnt a lot from past experience. Today, we are a better and stronger company, and we will continue to do everything we can to maintain the highest compliance standards.”
Pursuant to the agreement with the SEC:
- The company agreed to settle a civil action against it brought by the SEC for violations of the FCPA.
- Daimler agreed to pay USD 91.4 (approx. EUR 68) million in disgorgement of profits.
Pursuant to the agreements with the DOJ:
- Daimler AG entered into a deferred prosecution agreement to resolve charges of violations of books and records provisions of the FCPA, pursuant to which Daimler agreed to pay a fine of USD 93.6 (approx. EUR 70) million.
- Daimler North East Asia Ltd., formerly known as DaimlerChrysler China Ltd., also entered into a deferred prosecution agreement with the DOJ to resolve charges of violations of anti-bribery provisions of the FCPA.
- Mercedes-Benz Russia SAO, formerly known as DaimlerChrysler Automotive Russia SAO, and Daimler Export und Trade Finance GmbH pleaded guilty to charges of violations of anti-bribery provisions of the FCPA in U.S. District Court in Washington.
The deferred prosecution agreements of Daimler AG and Daimler North East Asia Ltd. are premised upon the requirement that no further FCPA violations occur during the two year term of the agreements and that a comprehensive compliance program is maintained. This program is designed to ensure, among other things, compliance with anti-bribery laws such as the FCPA. Upon successful satisfaction of the terms set forth in the deferred prosecution agreements, the matters against Daimler AG and Daimler North East Asia Ltd. will be dismissed without further action.
In addition, Judge Louis Freeh, will serve as a corporate compliance monitor for three years. Judge Freeh will monitor the Company’s FCPA compliance program, among other things. Judge Freeh’s work pursuant to the agreement will build upon his service since 2006 as Independent Compliance Advisor to Daimler concerning issues related to compliance, including organizational and policy changes.
Bodo Uebber, Daimler’s Chief Financial Officer and a member of the Company’s Board of Management said: ” We have reviewed all areas of our business and consequently improved our business practices: Accounting, financial reporting, internal control systems and compliance. For the future, we are positioned very well.”
Some of the measures implemented by Daimler include:
- Global extension of Daimler’s compliance organization to achieve adherence to the Integrity Code of the Company and the governing laws.
- Appointment of local compliance managers in numerous group entities and business units all of whom report to the Chief Compliance Officer.
- Extension of an international training program, including regularly scheduled compliance conferences, training seminars and compliance information.
- Establishment of a Compliance Consultation Desk that offers tailored responses to questions concerning compliance issues at Daimler.