Corruption: For bribing NNPC officials, others, US keeps Glencore $1.2bn fine

The United States (US) has fined Swiss-based oil trader, Glencore, the sum of $1.2 billion as a penalty for bribes paid to corrupt officials in Nigeria and other countries, in a move that rewards a country that suffered no damage from the company’s crime.

Glencore routinely gets awarded crude lifting contracts by the Nigerian National Petroleum Company Ltd., (NNPC).

Following prolonged investigations by Brazil, the United Kingdom, and the United States, two Glencore subsidiaries pleaded guilty on May 24 to multiple charges of market manipulation and bribery, including corruption related to the company’s oil operations in Africa and South America.

Glencore’s penalties to the US alone for violating the US Foreign Corrupt Practices Act and manipulating commodity prices is about $1.2 billion. The company is registered in the US, hence the investigation.

According to the investigating countries, Glencore’s corrupt actions included more than $100 million in bribes to officials in Brazil, Cameroon, Côte d’Ivoire, Equatorial Guinea, Nigeria, South Sudan, and Venezuela between 2007 and 2018.

According to the US Department of Justice release, in the Democratic Republic of Congo (DRC), Glencore admitted that it conspired to and did corruptly offer and pay approximately $27.5 million to third parties, while intending for a portion of the payments to be used as bribes to DRC officials, in order to secure improper business advantages.

Glencore also admitted to the bribery of officials in Brazil and Venezuela. In Brazil, the company caused approximately $147,202 to be used, at least in part, as corrupt payments for Brazilian officials. In Venezuela, Glencore admitted to conspiring to secure and securing improper business advantages by paying over $1.2 million to an intermediary company that made corrupt payments for the benefit of a Venezuelan official.

Following the US decision to fine Glencore and keep the proceeds, the African Energy Chamber called on the US government to use the $1.2 billion in penalties Glencore is paying to empower Africans.

“They’re the real victims of Glencore’s malfeasance and mistakes,” the group said.

According to AEC, Glencore’s penalties should go to organisations like Power Africa, a public-private partnership formed by the US to help address energy poverty in sub-Saharan Africa — a goal shared by the African Energy Chamber.

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