GOL LINHAS AÉREAS INTELIGENTES S.A ("GOL INTELLIGENT AIRLINES S.A.")

Industry

Aviation

Corporate Headquarters

Rio de Janeiro, Rio de Janeiro , Brazil

Summary of Allegations:

Nationality of Foreign Officials: Brazil

Summary of Allegations:

Around 2011, the Brazilian government proposed an economic stimulus program to boost domestic employment. Around this time, it is alleged that a Gol Director agreed to pay bribes to Brazilian politicians to lower certain taxes that financially benefited Gol.

By the end of June 2012, due to pressure from a Brazilian Official and others, the Brazilian legislature expanded the new law to include the air transport industry (which was not included in the original draft of the law).

It is alleged that Gol paid around $1.4 million in bribes to a Brazilian Official. Gol also paid approximately $496,600 in bribes to a company associated to a Brazilian legislator. An associate of the Brazilian Official also received approximately $137,000 from Gol.

Gol saved approximately $39.7 million in 2013, due to the air transport industry being included in the new legislation to boost domestic employment.

In addition to the bribes listed above, Gol paid approximately $552,400 in bribes between June and August 2013, with the purpose of influencing a former Brasilia official that had lowered Brasilia's aviation fuel tax to benefit Gol. Gol saved approximately $12.14 million.

Approximate Alleged Payments to Foreign Officials:

Business Advantage Allegedly Obtained: $51.84 million

Enforcement Results

Agencies: Brazil: Federal Prosecutors, Brazil: Tax Authorities

Results: Leniency Agreement

Year Resolved: 2016

Compliance Monitor:

Ongoing: No

Details:

On 13 December 2016, regarding the payments to politically exposed persons, the company reached a leniency agreement with the Brazilian government, agreeing to pay 12 million reais (approximately US $ 2,300,000) and 4.2 million reais (approximately US $ 800,000) respectively to the Federal Public Ministry ("FPM") and the federal tax authorities.

Agencies: Brazil: Securities and Exchange Commission (CVM), United States: Department of Justice, United States: Securities and Exchange Commission

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

Year Resolved:

Compliance Monitor:

Ongoing: No

Details:

In December 2016, the company voluntarily informed the CVM, the SEC, and the DOJ of its settlement and findings of the internal investigation regarding the payment to politically exposed persons in Brazil.

On 15 September 2022 the U.S. Securities and Exchange Comission charged GOL Linhas Aéreas Inteligentes, for violating the Foreign Corrupt Practices Act (FCPA). The São Paulo-based company, also known as Gol Intelligent Airlines, agreed to pay $70 million to settle the SEC charges.

Gol consented to a cease-and-desist order finding that it violated the anti-bribery, books and records, and internal accounting controls provisions of the FCPA.

Gol also agreed to enter into a three-year deferred prosecution agreement with the U.S. Department of Justice and to pay more than $87 million to settle criminal charges.

Due to Gol’s demonstrated financial condition and inability to pay the fines in full, the SEC and the DOJ waived payment of all but $24.5 million and $17 million of Gol’s payment obligations, respectively. Gol will pay approximately $3.4 million in additional penalties or restitution to Brazilian authorities.

Details Of How Conduct Was Discovered

Discovery Method: Unspecified

Details:

Country: