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Ingeaustral Ltda. & Sacyr Chile S.A.
Lead NCPChile
Supporting NCP(s)
DescriptionSpecific instance alleging a non-observance of the OECD MNE Guidelines.
Theme(s)General policies, Disclosure, Human rights, Employment and industrial relations, Combating bribery, bribe solicitation and extortion, Competition, Taxation
Date10 Sep 2019
Host country(ies)Chile
SourceBusiness
Industry sectorConstruction
StatusNot accepted
Summary

Read the Final Statement published by the NCP 3 May 2023: Spanish


On 10 September 2019, Ingeaustral Ltda., an SME active in performing civil works in extreme conditions and climates, submitted a specific instance to the Chilean NCP alleging that Sacyr Chile S.A., the Chilean subsidiary of the Spanish infrastructure operator and developer company, Sacyr, had not observed the General Policies (Chapter II), Disclosure (Chapter III), Human Rights (Chapter IV), Employment and Industrial Relations (Chapter V), Combating Bribery and other Forms of Corruption (Chapter VII), Competition (Chapter X), and Taxation (Chapter XI) provisions of the Guidelines. Specifically, the issues concerned alleged breaches of contracts relating to leasing of machinery and execution of material works between the enterprises.

On 9 November 2020, the parties of the specific instance were informed of the NCP’s decision to discontinue the proceedings after several attempts to communicate with the submitter without response.

On 3 May 2023, the NCP published its Final Statement deciding that the issues raised did not merit further examination . The NCP addressed the following recommendations to both parties:

  • Maintain active and good-faith communication with a view to reach consensual solutions and generate common learning
  • Implement risk-based due diligence processes
  • Encourage business partners to implement risk-based due diligence processes and principles of RBC
  • Conduct their business practices in a manner consistent with the need for sound commercial practice as stipulated in the Guidelines.

With the publication of the final statement, the NCP considers the case closed.


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