Tenaris S.A. and Flavia Di Cino
Lead NCPArgentina
Supporting NCP(s)Italy
DescriptionThis specific instance concerns the alleged non-observance of the OECD Guidelines by Tenaris S.A.
Theme(s)Combating bribery, bribe solicitation and extortion, Employment and industrial relations, Human rights
Date25 Sep 2017
Host country(ies)Argentina
Industry sectorMining and quarrying

On 25 September 2017, Flavia Di Cino (an individual) filed a request with the NCPs of Argentina, Brazil, Canada, Italy, Luxembourg, Japan, Mexico, the UK and the US, arguing that the OECD Guidelines for Multinational Enterprises had allegedly been breached by Tenaris S.A., particularly the following chapters: Employment and Industrial Relations, Human Rights, Combating Bribery, Bribe Solicitation and Extortion.

The ANCP made an initial assessment of Di Cino’s presentation. The objective of the claim was related to an alleged labour and human persecution perpetrated by the company, after allegedly dismissing her without legal causes and without allegedly paying her the corresponding compensation according to the applicable Law.   There was a parallel legal proceeding in an Argentine Court with regard to the compensation. Also, she claimed that the company was allegedly involved in Lava Jato and Panama Papers issues, making contact with prosecutors of other countries with respect to these two topics.

The NCP organised several meetings to understand the issues raised. On 18 January, Mrs. Di Cino informed through an email to the ANCP that she was going to withdraw the presentation that she made to the ANCP, as all the points of her presentations were going to be treated by legal Courts in the future.

 On 16 February 2018, the ANCP had a new meeting with Mrs. Di Cino, in which it offered her that, notwithstanding the progress that have occurred in the legal Courts, it could give formal admissibility to some points of the presentation, or, if she preferred, according to the evolution of the proceedings in the legal courts, the ANCP was at her disposal if she wanted to make a new presentation in the future.  Mrs. Di Cino thanked the ANCP for its intervention and sent a note to the ANCP, withdrawing from all point of her presentation as they have been redirected to legal Courts.