The indictment filed on 19 September 2023 in the Federal Criminal Court (FCC) is based on evidence secured in the course of an investigation that the Attorney General of Switzerland (OAG) has been conducting since October 2015. The facts of the case are related to the convic-tion by summary penalty order issued by the OAG on 14 October 2019 of the Geneva trading company Gunvor (Gunvor International BV represented by its Geneva branch and Gunvor SA in Geneva), which resulted in Gunvor paying an amount close to CHF 94 million, including a fine of CHF 4 million for bribery of foreign public officials in terms of Article 322septies of the Swiss Crim-inal Code (SCC) in conjunction with Article 102 paragraph 2 SCC (see OAG press release dated 17.10.2019).

Allegations and role of the accused

In the abovementioned context, the accused is alleged, in his capacity as the person responsible for financial matters relating to the market in Congo-Brazzaville, at least between 14 June 2010 and 14 December 2011, of participating actively in the bribery of foreign public officials, or in ensuring that the process ran smoothly and in supervsing the payments. The aim was to secure contracts connected with the supply of Congolese crude oil on behalf of his employer.

The accused is also alleged to have attempted to develop a further corrupt scheme with the aim of restoring relations with the Congo that had been the meantime broken down. According to the indictment, he travelled to Paris in the spring of 2014 in order to meet a Congolese official and to offer or promise him the payment of undue advantages in exchange for Gunvor obtaining further shipments of crude oil in the Congo.

With the filing of indictment, the OAG concludes that this constituted bribery of foreign public officials in terms of Article 322septies SCC.

The presumption of innocence applies to the accused until a final judgment has been issued. With the filing of indictment, the FCC has sole responsibility for providing further information.

Original version of the text in French.

Indictment filed against former Gunvor employee