International Law

Panalpina Quits Nigeria

The exit from Nigeria follows Panalpina's announcement in September 2007 that it would suspend domestic logistics and freight forwarding services there for all oil and gas-related customers. That earlier announcement was part of Panalpina's statement that it was cooperating with the U.S. Justice Department and the Securities and Exchange Commission in a Foreign Corrupt Practices Act investigation.

As a refresher, in February 2007, the DOJ noted in connection with the Vetco case that bribes in Nigeria "were paid through a major international freight forwarding and customs clearance company to employees of the Nigerian Customs Service . . .? Since then about a dozen leading oil and gas-related companies received letters from the DOJ and SEC asking them to "detail their relationship with Panalpina . . . ." Shell, Schlumberger, Tidewater, Nabors Industries, Transocean, GlobalSantaFe Corp., Noble Corp., Pride International and Global Industries are among those involved.

As we've said, with crude prices above $100 and global supplies tight, the U.S. government wants to avoid impairing output anywhere. So to protect production in Nigeria but ensure FCPA compliance, the DOJ may have made special arrangements directly with the Nigerian government for customs clearance and permitting on behalf of U.S. producers and services companies.

Here's the full text of Panalpina's recent announcement:

Withdrawal from Nigeria and discontinuation of inland services

The Board of Directors and the Executive Board of Panalpina have decided to withdraw from the domestic business in Nigeria by the end of 2008. The company will continue to offer transportation services up to arrival port / airport Nigeria, including flight operations and coastal shipping services but will terminate all local and domestic services. In the meantime, Nigerian investors have shown interest in taking over Panalpina?s local service portfolio. They intend to acquire some of Panalpina?s assets and resources for their own company and they also plan to recruit employees from the current Panalpina Nigeria staff. This company will operate completely independently from Panalpina and the Panalpina Group will not have any equity stake in this new company.

[CEO] Monika Ribar explains, ?In view of the Group?s future development, the withdrawal from Nigeria is in the company?s best interest?. She emphasizes that it has not been an easy decision to make. ?Admittedly foreign companies operate in an ongoing uncertain and hard to assess legal environment in Nigeria. This makes it difficult for Panalpina to offer both a comprehensive service portfolio and at the same time meet the high ethical standards as outlined in Panalpina?s Code of Business Conduct?, she continues to explain. With the emerging solution customer demands can be fulfilled even after Panalpina?s withdrawal from the domestic and local business.

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Full post as published by The FCPA Blog on August 18, 2008 (boomark / email).