Airbus deferred prosecution agreements in France, the UK and the US (2020)
- Resolution type
- Deferred prosecution agreements in the US and UK, and a French judicial public interest agreement (CJIP) 1,2 4
- Dates
- French CJIP signed 29 January 2020, UK DPA approved 31 January 2020, DOJ announcement 31 January 2020 1,2 4
- Agencies
- France's national financial prosecutor (PNF), UK Serious Fraud Office, U.S. Department of Justice and U.S. State Department 1,2 4
- Global total
- More than US$3.9 billion, per DOJ 1. €3,592,766,766 across all jurisdictions, per the UK judgment 2
- France
- Public interest fine of €2,083,137,455 4
- UK
- €990,963,712 including costs 2
- US
- US$527 million criminal penalty plus €50 million civil forfeiture, and a US$10 million State Department civil penalty with US$5 million credited 1
The three resolutions
Airbus SE signed a judicial public interest agreement (convention judiciaire d'intérêt public) with the Paris national financial prosecutor on 29 January 2020 4. It set a public interest fine of €2,083,137,455 4. The listed offences include bribery of foreign public officials, misuse of corporate assets, breach of trust, money laundering and forgery 4.
In the UK, Dame Victoria Sharp, President of the Queen's Bench Division, gave final approval to a DPA with the Serious Fraud Office on 31 January 2020 2. A preliminary declaration was made on 28 January 2020 2.
In the US, DOJ filed a criminal information in the District of Columbia on 28 January 2020 and announced a DPA on 31 January 2020 1. The charges were conspiracy to violate the FCPA anti-bribery provision and conspiracy to violate the Arms Export Control Act and the International Traffic in Arms Regulations 1. The case was assigned to U.S. District Judge Thomas F. Hogan 1.
The UK DPA terms
The DPA covered five counts of failure to prevent bribery under section 7 of the Bribery Act 2010 2. Section 7 makes a commercial organisation guilty if an associated person bribes another to obtain or retain business for it 5.
The US terms
DOJ said Airbus agreed to a US$527 million criminal penalty for the FCPA and ITAR conduct, plus €50 million (about US$55 million) in civil forfeiture for ITAR-related conduct 1. DOJ said it would credit a portion of the French payment against the US payment 1. The release does not state the credited amount 1.
The State Department imposed a US$10 million civil penalty, of which US$5 million was credited 1. DOJ cited Airbus's cooperation and remediation on the FCPA conduct, and its voluntary and timely disclosure of the ITAR conduct 1. The release gives no percentage discount 1.
Admission and payment
DOJ relied on "admissions and court documents" 1. U.S. Attorney Jessie K. Liu said "Airbus has admitted to a years-long campaign of corruption around the world" 1. The UK judgment refers to an agreed statement of facts that forms the basis of the DPA 2. The French CJIP records that Airbus accepts the agreement 4.
The SFO case page states that "In February 2020, Airbus SE paid its financial penalty, disgorgement and costs to the SFO" 3. In sterling it gives £830m in total, including disgorgement of £491m and a financial penalty of £333m 3.
Status
The UK DPA ran for three years from the declaration 2. The French agreement provides for three years of monitoring by the French anti-corruption agency 4. The SFO case page, last modified 30 March 2020, says the position on individuals "is being considered" 3. No primary source confirming how each agreement ended was reached, so this page does not report it.
Common questions
Did Airbus plead guilty?
No. Airbus entered deferred prosecution agreements in the US and UK and a public interest agreement in France 1,2 4. DOJ said Airbus admitted the conduct 1.
How much did Airbus pay in total?
DOJ put the total at more than US$3.9 billion 1. The UK judgment gives €3,592,766,766 across all jurisdictions 2.
Which countries did the UK case cover?
Malaysia, Sri Lanka, Taiwan, Indonesia and Ghana 2.
Who approved the UK DPA?
Dame Victoria Sharp, President of the Queen's Bench Division, on 31 January 2020 2.
Rules and fees change. Check the official site linked above before you apply or pay. Spotted an error? Email hello@settlementsexplained.org with the official link.
Sources
- U.S. Department of Justice: Airbus Agrees to Pay over $3.9 Billion in Global Penalties to Resolve Foreign Bribery and ITAR Case (31 January 2020)
- Courts and Tribunals Judiciary: Director of the Serious Fraud Office v Airbus SE, approved judgment (31 January 2020)
- Serious Fraud Office: Airbus Group case page (Welsh-language site, last modified 30 March 2020)
- Agence française anticorruption: CJIP between the PNF and Airbus SE, English version (29 January 2020)
- legislation.gov.uk: Bribery Act 2010, section 7
Related
- UK deferred prosecution agreements explained
How DPAs work in England and Wales under Schedule 17 of the Crime and Courts Act 2013: who can enter one, court approval, terms, breach and admissions.
- Deferred and non-prosecution agreements explained
How U.S. deferred prosecution agreements and non-prosecution agreements work for companies, the Justice Manual factors, and what the company admits.
- FCPA resolutions explained
How U.S. Foreign Corrupt Practices Act cases end: declinations, NPAs, DPAs, guilty pleas and SEC actions, with the statute, penalties and DOJ policy.
- Standard Bank deferred prosecution agreement (UK, 2015)
The UK's first DPA: Standard Bank plc and the SFO, approved 30 November 2015 over a Tanzania sovereign note deal. Terms, amounts, SEC case and outcome.