Glencore bribery investigation concluded with summary penalty order in Switzerland; Dutch prosecutor dismisses case
Under direction of the Dutch Public Prosecutor’s Office (DPPO), the Anti-Corruption Centre of the Dutch Fiscal Information and Investigation Service (FIOD) launched a criminal investigation in early 2018 into amongst others Glencore International AG based in Baar, Switzerland. This investigation focused on possible bribery of high-ranking officials in the Democratic Republic of the Congo (DRC), to obtain cobalt and copper mining licenses. At the same time, the Swiss Public Prosecutor’s Office also conducted a criminal investigation into possible official bribery in the DRC with regard to mining licenses. On August 5, the Swiss Public Prosecution office imposed a summary penalty order to Glencore International AG. The Swiss Public Prosecutor’s Office imposed this summary penalty order because Glencore International AG failed to take the necessary measures to prevent bribery in the acquisition of mining licenses in Congo through the purchase of shares in two mining companies in 2011.
Swiss Penalty Order
There was particularly good cooperation between The Netherlands and Switzerland during the investigations, in which information was exchanged based on mutual legal assistance. Since Glencore International AG is a Swiss company, the conclusion of the criminal investigation in Switzerland is preferred, according to both countries. Because of the summary penalty order in Switzerland, the DPPO decided to dismiss the case against Glencore International AG in the Netherlands. The investigation into the co-defendants continues.