BNP Paribas and Gunvor case in the Republic of the Congo
For justice beyond
borders
Why was legal action taken against BNP Paribas?
Sherpa reminds that, any person accused or prosecuted by a national or international jurisdiction is presumed innocent until found guilty by a final court decision. In this respect, an appealable decision does not constitute a final decision.
Gunvor is one of the largest petroleum trading companies in the world. Published in 2017, a report from the NGO Public Eye revealed how Gunvor allegedly profited from the corruption of Congolese public officials, made possible by the recruitment of brokers.
The company allegedly made massive profit margins on the price of Congolese petrol in exchange for commissions paid to Congolese public officials. The company also allegedly promised other companies it would ensure their acquisition of Congolese public markets in exchange for commissions. Gunvor also allegedly profited from pre-funding by borrowing from BNP Paribas and transferring the loan to the National Petroleum Company of the Congo, transaction that may have generated illegal profits.
In 2020, Sherpa and Public Eye reported to the French National Prosecutor’s Office to potential implication of BNP Paribas in Gunvor and its brokers’ affairs. BNP Paribas allegedly participated in the laundering of proceeds of corruption of foreign officials and concealment of proceeds of corruption of foreign officials.
Timeline
Key dates
Impact
Pourquoi initier des actions en justice ?
The law is a tool of power in a globalised world. It underpins power relations and encourages impunity for the most powerful. Because of their transnational nature, or the political and economic stakes involved, many violations escape justice. Bringing cases before the courts means putting the debate back on a legal footing, giving a voice to the people affected and thus restoring the legal tool to social movements.
Thanks to the work of NGOs and journalists, the consequences of globalisation are increasingly being documented and denounced. Our legal actions make it possible to initiate contentious proceedings, establish the facts and apply the rules of law to these situations. They also aim to provide practical solutions by putting a stop to violations, holding the players concerned responsible and/or enabling victims to obtain compensation.
In support of our advocacy and in parallel with our legal laboratory and capacity-sharing activities, our legal actions are designed to contribute to wider and lasting change. They fuel public debate to highlight the limits of the legal framework and the obstacles facing the victims of globalised capitalism. They set precedents that shape a more protective legal framework.
