Honeywell has agreed to resolutions with the U.S. Department of Justice (“DOJ”), U.S. Securities and Exchange Commission (“SEC”), and the Brazilian authorities (the Federal Prosecution Service (“MPF”), the Comptroller General of Brazil (“CGU”), and the Attorney General of Brazil (“AGU”)) to resolve previously disclosed anti-corruption investigations into the Company's historical operations in Brazil in relation to Petróleo Brasileiro S.A. (“Petrobras”) and, with respect to the SEC resolution, also relating to historical conduct involving the intermediary, Unaoil.
In connection with the resolutions, the Company will pay a total of $202.7 million in penalties, disgorgement, and prejudgment interest.
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Honeywell settles legacy Foreign Corrupt Practices Act issues and will pay a total of $202.7 million
Honeywell (NASDAQ: HON) has agreed to resolutions with the U.S. Department of Justice (“DOJ”), U.S. Securities and Exchange Commission (“SEC”), and the Brazilian authorities (the Federal Prosecution Service (“MPF”), the Comptroller General of Brazil (“CGU”), and the Attorney General of Brazil (“AGU”)) to resolve previously disclosed anti-corruption investigations into the Company's historical operations in Brazil in relation to Petróleo Brasileiro S.A. (“Petrobras”) and, with respect to the SEC resolution, also relating to historical conduct involving the intermediary, Unaoil.
In connection with the resolutions, the Company will pay a total of $202.7 million in penalties, disgorgement, and prejudgment interest.
As part of the resolutions, Honeywell's subsidiary, UOP, LLC (“UOP”), has entered into a three-year Deferred Prosecution Agreement (“DPA”) with the DOJ related to charges of conspiracy to violate the Foreign Corrupt Practices Act (“FCPA”) in connection with a project awarded in 2010. UOP entered into leniency agreements with both the MPF and the CGU/AGU related to the same matter in Brazil.
Honeywell agreed to certain compliance and compliance reporting obligations but was not charged criminally in this matter.
Honeywell also agreed to a resolution with the SEC that resolves allegations relating to the Brazil conduct, as well as conduct relating to a foreign subsidiary's contract with the intermediary, Unaoil, in Algeria, executed in 2011. These resolutions entirely resolved the Petrobras and Unaoil investigations.
As has been disclosed in previous public filings (most recently in 3Q 2022), these matters have been fully reserved and no additional financial impact has occurred as a result of these resolutions.
Honeywell has received full credit for its cooperation with this investigation. In the many years since the events occurred, the company has meaningfully redesigned and continued to evolve its global ethics and compliance program to meet the evolving risk environment.
The SEC acknowledged that Honeywell had “strengthen[ed] its ethics and compliance organization.” The Department of Justice echoed this assessment, acknowledging that Honeywell and UOP “engaged in extensive remedial measures . . . including strengthening its anticorruption compliance program by investing in its compliance resources” and has committed to “continuing to enhance its compliance program and internal controls.”
Honeywell will not be required to have a monitor and will instead provide reports on its anti-corruption compliance program to the Brazilian authorities and DOJ for one and three years respectively.
Honeywell has been publicly recognized as Honeywell is a seven-time honoree of Ethisphere's World's Most Ethical Companies award, including in every year since 2019. Honeywell was also named #3 of America's Top 10 Most Transparent Companies overall and #1 in the Industrials segment in Labrador's 2022 U.S. Transparency Awards for its public disclosures.
“We are pleased to have this legacy matter behind us, as these events in no way reflect the current leadership, culture and values that Honeywell has come to establish over a decade since this activity occurred,” said Darius Adamczyk, chairman and chief executive officer of Honeywell. “We stand behind our recognized world-class ethics and compliance program and all Honeywell employees are expected to abide by all laws in the countries in which we operate and conduct themselves with the highest levels of integrity at all times.”
