Trafigura reaches agreement on U.S. DOJ investigation

Trafigura has resolved a previously disclosed investigation by the U.S. Department of Justice (“DOJ”) into conduct of former employees or agents in Brazil, that took place approximately 10 or more years ago. This conduct was and is inconsistent with the company’s principles, contractual terms and Code of Conduct.
As part of the resolution, and under the terms of the plea agreement, Trafigura Beheer BV, the parent company of Trafigura Group during the relevant period, will pay a total amount of approximately USD127m.
As noted in the agreement, the DOJ credited Trafigura “because it cooperated with the investigation and demonstrated recognition and affirmative acceptance of responsibility.” The DOJ also recognized Trafigura’s proactive decision to end the “use of third-party agents” for business origination in 2019 and its development and implementation of “enhanced risk-based policies and procedures” related to anti-corruption and compliance monitoring in reaching its decision not to appoint an independent monitor.
This draws to a close the DOJ’s investigation of Trafigura.
Jeremy Weir, Executive Chairman and CEO of Trafigura said: “These historical incidents do not reflect Trafigura’s values nor the conduct we expect from every employee. They are particularly disappointing given our sustained efforts over many years to embed a culture of responsible conduct at Trafigura.
“We are pleased the DOJ recognised the steps we have taken to invest in our compliance function: enhancing our policies, procedures, processes and controls and from 2019, prohibiting the use of third parties for business origination. Continuous improvement of our compliance programme and high standards of ethical behaviour will remain priorities for the Group.”
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