Airbus has entered into a deferred prosecution agreement with the department in connection with a criminal investigation filed on January 28, 2020 in the District of Columbia, in which the company is charged with conspiracy to violate the anti-bribery provisions of the Foreign Corrupt Practices Act (FCPA) and conspiracy to violate the AECA and its implementing rules, ITAR. The FCPA`s accusation arose from Airbus` plan to offer and pay bribes to foreign officials, including Chinese officials, to maintain and retain business, including contracts for the sale of aircraft. The AECA fee results from Airbus` deliberate failure to disclose to the U.S. government political contributions, commissions, or royalties, such as under the ITAR in connection with the sale or export of defense items and defense services to the armed forces of a foreign country or international organization. The case was assigned to U.S. District Judge Thomas F. Hogan of the District of Columbia. As part of the deferred prosecution agreement with the department, Airbus has agreed to continue to cooperate with the department in the ongoing investigations and prosecutions of conduct, including individuals, and to improve its compliance program. AirAsia officials have vigorously denied any fault in the 2012 sponsorship deal between the Caterham Formula 1 team and then`s mother, Airbus` EADS. Airbus will continue to cooperate with the authorities and establish a strong culture of ethics and compliance in the company, in line with the agreements. The French court said France would receive €2.1 billion of that sum under a new special Plea Deal agreement recently introduced into French law.
“By concluding this agreement today, we are helping Airbus to permanently reverse the issue of past corrupt practices,” said French prosecutor Jean-Francois Bohnert. Judicial Agreement of Public Interest with the PNF Airbus has agreed to conclude a judicial agreement of Public Interest with the PNF. This agreement does not constitute an admission of responsibility. As part of this agreement, the PNF has agreed to suspend the proceedings against Airbus for a period of three years. The lawsuits will be stayed if Airbus complies with the terms of the agreement during this period, as Airbus has committed to do. The agreement also includes an obligation for Airbus to submit its compliance program to targeted audits by the French Anti-Corruption Agency (AFA) over a three-year period. The deal, which is actually a corporate plea, means Airbus avoided a criminal justice system that would have risked being excluded from public procurement in the US and the European Union – a blow to a major defence and space supplier. As part of the deal, Airbus has agreed to continue cooperating in ongoing investigations and prosecutions, the Justice Ministry said. Airbus agreed on Friday to pay a record $4 billion fine after reaching an agreement with prosecutors in the UK, France and the US on allegations of corruption and corruption dating back at least 15 years.