In her ruling, Ms Sharp said Airbus SE could have acted more quickly to raise its concerns with the SFO. It noted, however, that after the SFO`s visit, Airbus SE cooperated to the extent possible in the investigation and that its new management put in place a reform and compliance programme for the company. Particular attention was paid to the cooperation of Airbus SE by Dame Sharp in examining public interest factors against prosecution: “. Public interest factors against prosecution clearly outweigh those arguing for criminal prosecution. Airbus has really pulled out its pockets, and now it`s a company that has changed. » Public Interest Judicial Agreement 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.
Under the terms of the U.S. data protection procedure, Airbus will pay approximately $527 million to U.S. authorities to resolve criminal charges of FCPA corruption ($294 million) and ITAR violations ($233 million). The fine will be assessed taking into account the $2.3 billion the company will pay to French authorities and the $1.1 billion it will pay to the UK, resulting in an overall fine of more than $3.9 billion, the largest in anti-corruption history. In addition to criminal fines, the U.S. DPA may require the continued implementation of Airbus` revised compliance and ethics program, reporting on compliance with corporate rules, cooperation in ongoing and future investigations and prosecutions of individuals, the loss of Airbus` $55 million stake in a loan related to ITAR violations, and an additional $5 million fine imposed by the U.S. Department of State with respect to ITAR violations. The three jurisdictions should be decided simultaneously through settlement agreements.
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. . . .