TechnipFMC, a U.K.-based company that provides complete project life cycle services for the energy industry, disclosed in a regulatory filing that it has set aside $280 million, which it says is a “probable estimate” of the aggregate settlement amount with U.S., Brazilian, and French authorities in a global bribery case.
In August 2018, FMC Technologies said in a quarterly filing that it received an inquiry from the U.S. Department of Justice concerning an investigation into whether certain services Unaoil provided to its clients, including FMC Technologies, violated the U.S. Foreign Corrupt Practices Act. On March 29, 2016, Technip also received an inquiry from the Justice Department related to Unaoil.
At that time, FMC Technologies said it was cooperating with investigations by both the Department of Justice and a related investigation by the Securities and Exchange Commission.
“In late 2016, Technip was contacted by the Department of Justice regarding its investigation of offshore platform projects awarded between 2003 and 2007, performed in Brazil by a joint venture company in which Technip S.A. was a minority participant, and we have also raised with the Department of Justice certain other projects performed by Technip S.A. subsidiaries in Brazil between 2002 and 2013,” TechnipFMC said in that filing.
“The Department of Justice also inquired about projects in Ghana and Equatorial Guinea that were awarded to Technip S.A. subsidiaries in 2008 and 2009, respectively,” TechnipFMC said. The company said it “contacted the Brazilian authorities and are cooperating with their investigation concerning the projects in Brazil and have also contacted French authorities about certain of the existing matters.”
In a press release on Feb. 20, TechnipFMC provided an update on this investigation. “As previously disclosed, we are cooperating with the U.S., Brazilian, and French authorities in their investigations of potential violations of anti-corruption laws relating to historical projects in Brazil, Equatorial Guinea, and Ghana, and Unaoil contracts,” the securities filing stated. “We have been informed that these authorities have been coordinating their investigations, which could result in a global resolution.
“These matters have progressed to a point where a probable estimate of the aggregate settlement amount with all authorities is $280 million for which we have taken a provision in the fourth quarter and year ended December 31, 2018. These matters involve negotiations with law enforcement authorities in three separate jurisdictions, and there is no certainty that a global settlement will be reached or that settlement will not exceed the provision.”