US:Banana company Chiquita Brands International is to pay a $25 million dollar (€18 million) fine after admitting it paid terrorists for protection in a volatile farming region of Colombia.
The settlement resolves a lengthy US justice department investigation into the company's financial dealings with right-wing paramilitaries and leftist rebels that the US government deems terrorist groups.
In court documents filed yesterday, federal prosecutors said the American company and several unidentified high-ranking corporate officers paid about $1.7 million (€1.3) between 1997 and 2004 to the United Self-Defence Forces of Colombia, known as AUC from its Spanish initials.
The AUC has been responsible for some of the worst massacres in Colombia's civil conflict and for a sizable percentage of the country's cocaine exports. The US government designated the right-wing militia a terror organisation in September 2001.
Prosecutors said the company made the payments in exchange for protection for its workers. Besides paying the AUC, prosecutors said, Chiquita made payments to the National Liberation Army (ELN) and the leftist Revolutionary Armed Forces of Colombia ( Farc), as control of the company's banana-growing area shifted. Leftist rebels and far-right paramilitaries have fought viciously over Colombia's banana-growing region, although victims most often are noncombatants.
Most companies in the area have extensive security operations to protect employees.
In Colombia, authorities reported yesterday that nine geologists searching for gold were captured by the Farc. In addition, the army confirmed that four contractors hired by Colombian oil giant Ecopetrol were missing near the country's border with Venezuela.
Colombia has one of the highest kidnapping rates in the world. Arrangements between companies and either guerrillas or paramilitaries are not uncommon, but it is impossible to know how much money is paid each year.
"The information filed today is part of a plea agreement, which we view as a reasoned solution to the dilemma the company faced several years ago," Chiquita's chief executive, Fernando Aguirre, said in a statement. "The payments made by the company were always motivated by our good faith concern for the safety of our employees."
Chiquita sold its Colombian banana operations in June 2004.
Details of the settlement were not included in court documents, but Mr Aguirre said Chiquita would pay $25 million in fines, which it set aside this year.
The payments were approved by senior executives at Chiquita, prosecutors wrote in court documents. Prosecutors said Chiquita began paying the right-wing AUC after a meeting in 1997 and disguised the payments in the company's books.
"No later than in or about September 2000, defendant Chiquita's senior executives knew that the corporation was paying AUC and that the AUC was a violent paramilitary organisation," prosecutors wrote in the court filing.
Company lawyers made it clear the payments were improper, prosecutors said.
"Bottom line: CANNOT MAKE THE PAYMENT," the company's outside counsel advised in February 2003, according to an excerpt from a memo included in court documents. In April 2003, company officials and lawyers approached the justice department and told prosecutors they had been making the payments. According to court documents, the payments continued for months.
The document filed by federal prosecutors is known as an information. Unlike an indictment, it is normally worked out through discussions with prosecutors and followed by a guilty plea.