Processing your request

please wait...

Enforcement Action Dataset


Initiation Date:    01/10/2024  Information

Prosecuting Agency:    U.S. Securities and Exchange Commission

Type of Action:    SEC Administrative Proceeding

Docket or Case Number:    3-21824

Name of Prosecuting Attorneys:   

  • Sana Muttalib, SEC Headquarters
  • Sonali Singh, SEC Headquarters
  • Ansu N. Banerjee, SEC Headquarters

US Assisting Agencies:    Unknown

Foreign Enforcement Action/Investigation:   

  • South African Special Investigating Unit (Foreign Enforcement Action)

Foreign Assistance:    Unknown

Origin of the Proceeding:    Voluntary disclosure

Whistleblower:    Unknown

Case Status:    Resolved

Summary  Information

SAP SE, headquartered in Germany, was a global business software company whose American Depositary Shares were registered with the SEC and traded on the New York Stock Exchange. SAP marketed its software all over the world through various country subsidiaries, including the following wholly-owned subsidiaries -- SAP South Africa Ltd., SAP Africa Ltd., PT. SAP Indonesia, and SAP AZ LLC. The SEC previously charged SAP in 2016 with books and records and internal accounting controls violations of the FCPA in connection with a bribe scheme in Panama.

According to the documents in this case, between December 2014 and December 2018, SAP employed third-party intermediaries and consultants in various schemes to make improper payments to government officials in Ghana, Indonesia, Kenya, Malawi, South Africa, and Tanzania in order to secure or retain contracts with state authorities in those countries. Additionally, an SAP Azerbaijan employee directly provided gifts to a government official in Azerbaijan in January 2022 in order to obtain a contract with the country's state-owned oil company.

In a settled administrative proceeding announced on January 10, 2024, the SEC ordered SAP to cease and desist violations of the antibribery, books and records, and internal controls provisions of the FCPA. Under the terms of the settlement, SAP agreed to pay disgorgement of $85,046,035 plus prejudgment interest of $13,405,149. SAP agreed to credit up to $59,455,779 of the disgorgement for payments made to South African officials in that country's parallel enforcement action. The SEC noted SAP's disclosure, cooperation, and remediation.

Protected Content

Please Log In or Sign Up for a free account to access restricted features of the Clearinghouse website, including the Advanced Search form and the full case pages.

When you sign up, you will have the option to save your search queries performed on the Advanced Search form.