SWITZERLAND Trends and Developments Contributed by: Paul Gully-Hart, Schellenberg Wittmer Ltd
having paid bribes in excess of USD35 million to public officials of the Republic of Congo (Congo Brazzaville) in 2010 and 2011 to secure oil deals in that country. • On 5 August 2024, OFAG issued a Sum - mary Penalty Order (SPO) (cf. infra, Section 9) against Glencore, a multinational mining group based in Switzerland, for having failed to take all reasonable and necessary organi - sational measures to manage the risks of cor - rupt practices in relation to the acquisition in 2011 of minority participations in two mining companies from the national mining company in the Democratic Republic of Congo (DRC) at a price which was below the market value of the shares. It was alleged that Glencore benefitted from the transaction. Glencore was ordered to pay a fine of CHF2 million and to disgorge CHF150 million. Glencore was given credit for its co-operation with the prosecut - ing authority. On the same day, OFAG announced that it had discontinued criminal investigations against the company in relation to its mining activities in the DRC between 2007 and 2017, including the re- negotiation in 2008–2009 of a joint-venture with the DRC’s national mining company. It is apparent from the cases identified above that the focus of Swiss law enforcement is on transnational corruption involving companies and individuals operating in Switzerland rather than on domestic corruption. What progress has been made in the implementation of the Swiss anti-corruption strategy? It has been acknowledged, in particular by the Working Group of the OECD, that Switzerland has always been a proactive country and a reli - able partner in the global fight against corrup -
tion. In terms of mutual assistance in criminal matters, Switzerland has a longstanding reputa - tion of co-operation. Treaty provisions governing international co-operation in criminal matters are broadly interpreted in favour of the requesting state and Swiss law enforcement authorities frequently provide spontaneous information to foreign states who are then invited to submit a formal request for mutual assistance. Switzerland has participated in several joint investigation schemes as well as in co-ordinated settlements with law enforcement authorities of other jurisdictions with a view to resolving charg - es brought against multinational companies for corrupt practices. Such co-ordinated resolutions have occurred in the following cases. • In December 2016, Odebrecht, a Brazil - ian petrochemical company, and its affiliate Braskem SA, agreed to a USD3.5 billion global settlement to resolve charges with US, Brazilian and Swiss authorities arising out of alleged schemes to pay bribes to foreign officials around the world. • In December 2022, ABB, a Swiss-based global technology company listed on the New York Stock Exchange, entered into a co- ordinated settlement with the United States, South Africa and Switzerland to resolve charges linked to corrupt payments to South Africa’s state-owned energy company and agreed to pay a sum in excess of USD315 million. • In January 2024, OFAG convicted Gun - vor, sentencing it to pay a total amount of approximately CHF86.7 million, including a fine of CHF4.3 million. Investigations con - ducted by OFAG against the Geneva-based commodities trading company found that it
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