b'Corporate Enforcement ActionsThere were 12 corporate FCPA enforcement actions instate-controlled airlines in China. Because Airbus is not 2020.a U.S. issuer, FCPA jurisdiction was premised on activ-ities that occurred in the U.S.: (a) emails sent by Airbus employees and agents while present in the U.S. and (b) United States v. Airbus SE, participating in, and providing luxury travel to, the U.S. No. 20-CR-00021 (D.D.C.) for Chinese government officials. The first FCPA enforcement action in 2020, announced on January 31 by the DOJ, resulted in one of the largest foreign bribery settlements in history with combinedAirbus received credit for full cooperation penalties of over $3.9 billion. Airbus SE (Airbus), aand remediation, which included disclosure French-headquartered airplane manufacturer, reached a multi-billion-dollar joint resolution with authorities inwithin a reasonably prompt time after the U.S., France and the United Kingdom. In the U.S.,becoming aware that the corruption-related Airbus agreed to a three year deferred prosecution agreement (DPA), that, in addition to the fine, requiresconduct may have a connection to the U.S.Airbus to self-report to the DOJ on the status of Airbus enhanced anti-corruption compliance program for three years. Practically speaking, this means Airbus will need to report any new FCPA issues that arise in the nextUnder the terms of the DPA, Airbus agreed to pay a three years. criminal penalty of approximately $2.1 billion for the FCPA misconduct. While very large, that sum is 25% The majority of the allegations relate to a broad, multi- below the bottom of the U.S. Sentencing Guidelines year bribery scheme, beginning in at least 2008 andrange; Airbus received credit for full cooperation continuing until at least 2015; payments were made inand remediation, which included disclosure within a exchange for obtaining business from both private andreasonably prompt time after becoming aware that the state-owned entities in China, Colombia, Nepal, Russia,corruption-related conduct may have a connection to Saudi Arabia, South Korea, Taiwan, the UAE, Ghana,the U.S. Part of the significant remediation measures Indonesia, Malaysia, Sri Lanka, and Taiwan. In the U.S.,included disbanding Airbus Strategy and Marketing Airbus simultaneously resolved violations of the ArmsDepartment, the group that was heavily involved in Export Control Act and the International Traffic in Armsthe alleged misconduct. Airbus also froze all payments Regulations (ITAR).to all business partners worldwide until due diligence The FCPA allegations relate to only three years of thewas performed to assess whether a legitimate purpose multi-year scheme (20132015) and only one of theunderpinned the payments. For the FCPA violations, countries where Airbus engaged in corrupt conduct.Airbus agreed to pay $294.5 million to the United Airbus was accused of making payments in excessStates,1 with the DOJ crediting the remaining $1.8 billion of $18 million to a Chinese business partner with thethat was paid to France as part of its settlement there. knowledge that those payments would be used toNotably, the DPA did not include a compliance monitor, bribe Chinese officials in connection with the purchasein part because Airbus resolution with the French and sale of Airbus aircrafts to state-owned andauthorities included oversight by its anticorruption 1In addition to the FCPA-related penalties, Airbus agreed to pay $232.7 million plus a forfeiture of approximately $55 million for the ITAR-related misconduct.12'