National Post

SN C-Lavalin settles African charges

Agrees to pay $1.5M, accept conditions

- By Ross Marowits

MONTREAL • SNC-Lavalin Group Inc. is turning another page on its sullied past with a deal to settle corruption allegation­s in two African countries in a move it hopes could provide a formula to resolve problems in Canada.

Under the deal, the company has agreed to pay $1.5 million and accept certain conditions to settle a corruption case filed by the African Developmen­t Bank Group, both the bank and SNC said Thursday.

The regional developmen­t bank said the settlement resolves allegation­s, which SNC didn’t contest, that former employees of SNC-Lavalin Internatio­nal Inc. ordered illicit payments to public officials to secure two contracts.

The developmen­t bank said one of the contracts was awarded to SNC in October 2008 to supervise constructi­on of a road and bridge in Mozambique. The other was awarded in 2010 to supervise a road upgrade in Uganda.

“The sanctions imposed under the settlement agreement reflect the level of cooperatio­n provided by the company in the investigat­ion of the matter,” said Anna Bossman, director of the developmen­t bank’s anti-corruption department.

In addition to the monetary penalty to support anti-corruption initiative­s in Africa, SNC has agreed to meet certain undisclose­d conditions for two years and 10 months. The settlement means the subsidiary won’t be barred from bidding on future contracts in the two countries. No other SNC subsidiari­es will be sanctioned.

In 2013, the World Bank suspended SNC-Lavalin Internatio­nal and more than 100 affiliates from bidding on projects it finances for up to 10 years over allegation­s of bribery in Bangladesh and Cambodia.

Outgoing SNC-Lavalin CEO Robert Card said the African settlement demonstrat­es that companies “can engage in a constructi­ve dialogue and find effective means to reward remediatio­n while allowing companies to move forward.”

SNC-Lavalin wants Canada to adopt a similar model used in Britain and the United States that allows it to pay a fine but spares companies trials that could prevent convicted firms from bidding on government contracts.

The Montreal-based company will appear in court Oct. 16 for a crim- inal fraud case filed in Canada. The RCMP alleges that SNC-Lavalin paid nearly $47.7 million to public officials in Libya between 2001 and 2011 to influence government decisions.

It also charged the company, its constructi­on division and its SNCLavalin Internatio­nal subsidiary with one charge each of fraud and one of corruption for allegedly defrauding various Libyan organizati­ons of about $129.8 million.

SNC has said it will plead not guilty and that the charges stem from alleged activities of former employees who face criminal charges.

If convicted, SNC-Lavalin could be banned from bidding on Canadian government contracts for 10 years under Ottawa’s so-called integrity framework. However, the federal government has moved to reduce penalties if companies co-operate with authoritie­s and take remedial action.

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