SAP SE (SOUTH AFRICA)

Industry

Technology / Software / Electronics

Corporate Headquarters

Waldorf, Germany

Summary of Allegations:

Nationality of Foreign Officials: Azerbaijan, Ghana, Indonesia, Kenya, Malawi, South Africa, Tanzania

Summary of Allegations:

The SEC alleges that the company engaged third-party intermediaries and consultants from December 2014 - January 2022 to pay bribes to government officials to obtain business with public sector customers. 

SAP's wholly owned subsidiaries - SAP South Africa, SAP Africa, SAP Indonesia, and SAP Azerbaijan - allegedly violated internal policies to engage in bribery schemes to obtain or retain business.

Approximate Alleged Payments to Foreign Officials: millions of dollars in commissions

Business Advantage Allegedly Obtained: contracts and business opportunities

Nationality of Foreign Officials: Brazil, Indonesia, South Africa

Summary of Allegations:

In August 2015, SAP South Africa officials reportedly signed a “sales commission agreement” with a small company, CAD House, that specializes in selling 3D printers. CAD House is a subsidiary of the Sahara Group, controlled by the Gupta family. The Gupta family has been linked to South African President Jacob Zuma. The terms of the agreement allegedly stated that if CAD House were the “effective cause” of Transnet—a large South African rail, port and pipeline company majority-owned by the South African government—signing a contract with SAP worth ZAR 100 million or more, CAD House would receive a 10% commission. In the following year, SAP paid CAD House ZAR 99.9 million, suggesting SAP used CAD House to drive sales of approximately one billion rand to Transnet. SAP has denied the arrangement was a kickback agreement.

SAP said in July 2017 that four South African managers were put on leave after these reports, and that an independent investigation is ongoing.

On 26 October 2017, SAP self-reported preliminary results of its investigations to the U.S. Department of Justice and Securities and Exchange Commission. SAP's internal investigation, covering all business with South Africa's public sector since 2010, continues and SAP indicated that it expects to make further disclosures in future. 

08 March 2018 -  SAP disclosed that it discovered additional evidence of misconduct and FCPA violations that may have occurred between December 2014 and June 2017. SAP's South African unit allegedly made payments totaling USD 9.5 million to three companies affiliated with the Gupta family in return for securing contracts with state-owned companies Transnet and Eskom. The Gupta family was close friends of former President Jacob Zuma and under investigation for alleged corruption.

26 March 2018 - South Africa's anti-corruption agency has confirmed that it is also looking into a 2016 USD 60 million government contract with SAP for the provision of IT and support services to the Department of Water and Sanitation (DWS), on suspicion that due process was not followed in the bidding and awards process. In light of SAP's admitted misconduct on other deals, the agency is acting on an anonymous tip and looking into the matter. SAP is aware of this contract, which forms part of the broader ongoing SAP investigation. The anonymous letter received by the anti-graft agency also alleged the contract was unnecessary because existing DWS licenses with SAP covered the same services.

On 6 September 2018, a formal investigation into the DWS contract with the SAP was approved by South African President.

Approximate Alleged Payments to Foreign Officials: USD 9.5 million in "commissions"

Business Advantage Allegedly Obtained: Contract awards.

Enforcement Results

Agencies: Internal Investigation, United States: Department of Justice, United States: Securities and Exchange Commission

Results: Cease-and-Desist Order, Deferred Prosecution Agreement, Disgorgement

Year Resolved: 2024

Compliance Monitor:

Ongoing: No

Details:

On October 26, 2017, SAP reported to the U.S. Department of Justice and Securities and Exchange Commission that, from December 2015 to November 2016, it had paid two companies with ties to the Gupta family to help obtain contracts with South Africa’s state-owned rail and port operator, Transnet, and state power company Eskom. SAP stated that it paid these companies a total of 94 million rand as commissions for contracts that earned SAP approximately 660 million rand. SAP further reported that two more contracts were secured with Eskom through a Gupta-related entity between December 2016 and June 2017. SAP's internal investigation, covering all business with South Africa's public sector since 2010, is ongoing and SAP indicated that it expects to make further disclosures in future.

SAP announced in October 2017 that it has started disciplinary action against three employees for “indications of misconduct.”

On 10 January 2024, the company reached settlements with both the DOJ and SEC for violations of the FCPA. SAP entered into a three-year deferred prosecution agreement (DPA) with the DOJ, and pursuant to the DPA the company will pay a criminal penalty of USD118.8 million and administrative forfeiture of USD103,396,765. The company will continue cooperating with the department in any ongoing or future criminal investigations arising under the term of the DPA. The department will credit up to USD55.1 million of the criminal penalty against any amounts that SAP pays to resolve investigation by law enforcement authorities in South Africa for related conduct. On the same date, 10 January 2024, the company consented to the SEC's order finding it violated the anti-bribery, recordkeeping, and internal accounting controls provisions of the Securities Exchange Act of 1934. The company agreed to cease-and-desist from future violations, and pay a disgorgement of USD85 million as well as a prejudgment interest of more than USD13.4 million.

Agencies: South Africa: Office of the Public Protector

Results:

Year Resolved:

Compliance Monitor:

Ongoing: Yes

Details:

26 March 2018 - South Africa's anti-corruption agency has confirmed that it is investigating a 2016 USD 60 million government contract with SAP for the provision of IT and support services to the Department of Water and Sanitation (DWS), on suspicion that due process was not followed in the bidding and awards process. In light of SAP's admitted misconduct on other deals, the agency is acting on an anonymous tip and looking into the matter. SAP is aware of this contract, which forms part of the broader ongoing SAP investigation.

DWS denies any wrongdoing and said it is unaware of the investigation.

On 10 January 2024, it was reported by the US DOJ and SEC that the company will pay up to USD59 million to the South African government in connection with parallel investigations into the same conduct. 

ENTITIES / INDIVIDUALS INVOLVED
  • SAP SE ("SAP")
  • SAP South Africa (Pty.) Ltd. (Johannesburg based wholly-owned subsidiary of SAP SE)
  • CAD House (Pty.) Ltd.
  • Transnet SOC Ltd. (South African state-owned enterprise)
  • Eskom (utility)
Details Of How Conduct Was Discovered

Discovery Method: Whistleblower

Details:

Country: South Africa