US authorities are investigating China Petroleum and Chemical
Corporation known as Sinopec over an alleged $100 million bribe paid to
some Nigerian officials.
According to Bloomberg, the
bribe was aimed at resolving a $4 billion business dispute between the
company’s Addax petroleum unit in Geneva and the Nigerian government.
The
dispute is said to be related to drilling and other capital costs, tax
breaks and a division of royalties between Addax and the Nigerian
National Petroleum Corporation (NNPC).
Investigators from the
Securities and Exchange Commission (SEC) as well as the US department of
justice are reportedly looking into allegations.
HOW IT ALL STARTED
In
2009, Sinopec bought Addax in 2009 “for about $7.8 billion” – dubbed
one of its biggest acquisition – in a bid to build a corporate presence
in Geneva and to also expand its oil production in Africa, the company
had said.
However, the Nigerian government was said to have
decided that the side letter agreement which granted it tax breaks and
reimbursements for the capital cost should no longer apply. That was in
2014 during which the government also demanded that Addax repay about $3
billion of past benefits, Bloomberg quoted a source as saying.
Addax,
however, filed a lawsuit against the government to protest the
government’s decision. It also claimed the NNPC had taken more than its
share of crude allotments — a practice known as ‘overlifting’, seeking
for the reimbursement of “at least $1 billion”.
The bribery
allegations followed the disagreement between the two parties then came
up in January after Deloitte, an auditing firm, resigned as Addax’s
auditor, following claims that there were no “satisfactory explanations”
given for $80 million Addax paid to an engineering company for Nigerian
construction projects in 2015.
The source said shortly after the
said payment was made on May 25, 2015, Addax and the Nigerian government
reached a settlement which was approved by a Nigerian high court.
“The
agreement validated the original terms of the side letter, effectively
nullifying Nigeria’s demand that Addax repay $3 billion,” he said.
On
the assumption of office, President Muhammadu Buhari reportedly left
the original terms of the letter intact but had also planned to revoke
its terms effective beginning from January 1, 2016, “ which would deny
Addax at least $1 billion in future benefits and end reimbursement
claims”.
FLAGGED TRANSACTIONS
Deloitte
had also revealed details of additional payments “exceeding $20 million”
made by Addax to “legal advisers” in Nigeria beginning from 2015.
It
said it had “received a number of whistle-blowing allegations from
within and outside Addax, some of which allege that such payments have
been made to bribe foreign government officials and that certain amounts
have been embezzled by certain members of management within Addax
Petroleum Group”.
Following Deloitte’s allegations, Yves Bertossa,
a Geneva prosecutor, then began a probe into the matter which led to
series of raids and arrests of Addax’s offices and officials
respectively.
The case was however closed barely four months
later, with neither the company nor its executives being charged
following Bertossa’s claims that “no criminal intent could be
established.”
US authorities are now investigating the matter “to
establish whether payments handled by an unidentified Nigerian lawyer
who is a member of the California bar were used to pay some of the
alleged bribes”.
The lawyer in question was reportedly hired to
advise Addax executives on the terms of the settlement with the Nigerian
government.
Bloomberg said spokespersons of SEC, US Department of Justice as well as Sinopec declined comments on the issue.
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