ACIJ vs. MAN Ferrostaal Argentina S.A.

Allegations

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. had breached the general policies and combating bribery, bribe solicitation and extortion provisions of the Guidelines in Argentina.

Relevant OECD Guidelines

• Version 2000 Chapter II
• Version 2000 Chapter II Paragraph II.5
• Version 2000 Chapter II Paragraph II.6
• Version 2000 Chapter VI
• Version 2000 Chapter VI Paragraph VI.1
• Version 2000 Chapter VI Paragraph VI.2
• Version 2000 Chapter VI Paragraph VI.3
• Version 2000 Chapter VI Paragraph VI.5
• Version 2000 Chapter VI Paragraph VI.6

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.

More details

Documents

• statement

  11 November 2016

  Final Statement, while mediation had been offered to the parties, its unclear whether mediation meetings had occurred.

  NCP Argentina
• accept

  31 May 2011

  The ANCP accepts the complaint for mediation

  NCP Argentina
• emails

  31 March 2011

  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.

  NCP Argentina