|MAN Ferrostaal Argentina S.A. and Asociación Civil por la Igualdad y la Justicia (ACIJ)|
|Supporting NCP(s)||None Selected|
|Description||Specific instance notified by the NGO Asociación Civil por la Igualdad y la Justicia (ACIJ) regarding the activities of MAN Ferrostaal Argentina S.A. in Argentina.|
|Theme(s)||Combating bribery, bribe solicitation and extortion, General policies|
|Date||17 Mar 2011|
|Industry sector||Public administration and defence|
On 17 March 2011, the NGO Asociación Civil por la Igualdad y la Justicia (ACIJ) submitted a specific instance alleging that Ferrostaal Argentina S.A., controlled by the MAN Ferrostaal AG Group, headquartered in Germany, did not observe the Guidelines.
More specifically, it was claimed that criminal activity had been carried out by executives of the company, who allegedly bribed members of the Argentinian military, public officers and lawyers, in order to secure the award of a contract for the design of sea patrol vessels.
In May 2011, following an analysis of ACIJ’s argument and the documents submitted the NCP accepted the submission for further examination, considering that, prima facie, it complied with the formal requirements set forth in the OECD Guidelines for Multinational Enterprises. In this context, the NCP offered its good offices to the parties to facilitate the dialogue process, in order for them to reach an agreement.
The NCP invited the parties together in order to foster dialogue between them, however no agreement was reached.
Based on the above and the lack of progress in the steps undertaken for the two parties to sit at a dialogue table, the NCP considers that it cannot continue to effectively implement its role of facilitator. On 11 November 2016, the NCP published its final statement (Spanish) concluding the specific instance.