'Useful Payments' : US Investigators Crack Down on Daimler's Culture of Corruption |
Publication |
Der Spiegel |
Date | 2010-03-30 |
Reporter | Dietmar Hawranek |
Web Link | www.spiegel.de |
After corruption scandals involving engineering
giant Siemens and truck manufacturer MAN,
Daimler is now in the spotlight. The US is
pressing charges against the carmaker over
alleged bribery payments to foreign governments.
The case will likely be settled out of court.
Sometimes two letters are enough to tell an
entire story. In this case, the two letters,
which were printed on the labels of three files
in a safe at the Mercedes-Benz office in
Istanbul, were "N.A."
The German automaker produces busses in Turkey,
which it sells in countries around the world,
including North Korea, Latvia, Bulgaria, Romania
and Russia. The company apparently paid €3.3
million ($4.4 million) in bribes to secure
business in these countries.
This, at least, is the way the United States
Securities and Exchange Commission (SEC)
interprets the content of the files with the
letters "N.A." -- an abbreviation for the words
"Nützliche Aufwendungen" ("useful payments") --
printed on the label. It's another -- and very
German -- way of saying "bribes."
The story behind the files is particularly
dramatic, because it also involved the suicide
of an executive. Rudi K., who worked for
Mercedes-Benz's parent company Daimler in
Nigeria, was apparently involved in the
payments. He was faced with a difficult choice:
report poor sales figures or risk a jail term.
American attorneys questioned K. for several
days. He later told his wife that he was treated
like a hardened criminal and was under "enormous
pressure." Then K. committed suicide.
Good at Corruption?
The affair has proved to be extremely expensive
for automaker Daimler, which is set to pay $185
million to
settle a lawsuit in the United States. The
case raises many questions. How could a
respected global corporation like Daimler
apparently have violated German and
international law for years by paying bribes in
at least 22 countries around the world? Could
it be that the
Daimler case is in fact typical for Germany,
which until recently was the world's largest
exporter? Are
German companies as good at corruption as
they are at exporting?
It hasn't been long since two other major German
companies, electronics giant Siemens and
the industrial
group MAN, were found to have engaged in bribery
on a large scale. Last Wednesday,
prosecutors searched the headquarters of
industrial services provider Ferrostaal. The
company is suspected of having used secret
payments to promote the sale of submarines and
oceangoing tugs, and of having managed bribes
for other companies.
The so-called "useful payments" known as "N.A."
are payments to people who are expected to be of
use to the company in the contract-awarding
process, including government officials, cabinet
ministers and heads of state, as well as their
wives and children.
Such payments
were legal in Germany until 1998 and were even
tax deductible.
But then Germany was forced to bow to US
pressure. In 1977, the Foreign Corrupt Practices
Act made it illegal for American companies to
bribe foreign business contacts. Washington
complained that US companies stood to lose
billions in contracts because they, unlike
companies in Germany and other countries, were
barred from paying bribes. Germany, at the time
the world's second-largest exporter after the
US, responded by imposing its own ban on the
bribing of foreign decision-makers.
Business as Usual
That was in 1999.
Since then, foreign bribes have been banned by
law in German companies. The
Mercedes-Benz files in Istanbul were however
discovered in 2006. The legal framework had
changed, but the
company's business practices apparently had not.
According to the complaint filed by the
"United States of America" against "Daimler AG,"
Daimler had "an inadequate compliance structure"
as well as "a
corporate culture that tolerated and/or
encouraged bribery."
Many of these payments were apparently based on
a clearing system through which the bribes were
processed, completely legally, during the period
when the practice was still allowed under German
law. For most of its foreign subsidiaries, the
German parent company maintained so-called
internal "third-party accounts" (TPAs).
These accounts were used, for example, to
transfer discounts and commissions to which the
subsidiaries were entitled when they sold the
parent company's vehicles abroad. The foreign
subsidiaries had access to these accounts,
which, as an internal audit report states, were
to be handled with "absolute confidentiality."
With acknowledgements to Dietmar Hawranek and Der Spiegel.