Settlements

ST-97
Bribery by Oil Services and Freight Forwarding Companies / Royal Dutch Shell plc & Shell Nigeria Exploration and Production Company
Bribery by Oil Services and Freight Forwarding Companies
United States
Securities and Exchange Commission
Nigeria
2010
11/04
[Nigeria - secondary source]
Legal Person
Civil
Consent to Cease-and-Desist Order
Disgorgement of Profits, Prejudgment Interest
$18,149,459.00
$14,153,536
$3,995,923
$0
$0
Art.16, Art.26
Art. 1, Art. 2, Art. 8
Bribery of foreign officials, Falsification of books and records, Internal controls violations
No admission or denial of alleged offenses
No (Customs)
According to the US Securities and Exchange Commission Order Instituting Cease and Desist Proceedings, "This matter concerns violations of the anti-bribery provisions of the Foreign Corrupt Practices Act ("FCPA") by Respondent [Shell Nigeria Exploration and Production Company] and the record keeping and internal controls provisions of the FCPA by Respondent Shell. From September 2002 through November 2005, SIEP [Shell International Exploration and Production, Inc.], on behalf of Shell, authorized the reimbursement or continued use of services provided by a company acting as a customs broker that involved suspicious payments of approximately $3.5 million to officials of the Nigerian Customs Service in order to obtain preferential treatment during the customs process for the purpose of assisting Shell in obtaining or retaining business in Nigeria on Shell's Bonga Project. As a result of these payments, Shell profited in the amount of approximately $14 million. None of the improper payments was accurately reflected in Shell's books and records, nor was Shell's system of internal accounting controls adequate at the time to detect and prevent these suspicious payments." (Source: In Re: Royal Dutch Shell plc and Shell Nigeria Exploration and Production Company, US Securities and Exchange Commission Order Instituting Cease and Desist Proceedings, Administrative Proceeding File No. 3-14107, November 4, 2010, accessed at http://www.sec.gov/litigation/admin/2010/34-63243.pdf.)