Embraer Defense and Security, directly or through a subsidiary, is currently leading several projects that are important for Brazil, such as the development of the KC-390 medium lift military transport jet, the Integrated Border Monitoring System (SISFRON) and the Geostationary Satellite for Defense and Communication (SGDC).
Regarding the KC-390 Program, Embraer rolled out the first prototype of the military transport aircraft from the production hangar at the industrial plant of Gavião Peixoto. The event occurred in October and was attended by the Brazilian Minister of Defense, the Commander of the Brazilian Air Force and delegations and representatives from more than 30 countries.
Also in October 2014, the Brazilian government contracted Saab to supply 36 Gripen NG fighter jets. In addition, Embraer and Saab signed a Memorandum of Understanding to establish the joint actions related to the F-X2 Project. This agreement involves the participation of Embraer in the manufacture and aircraft deliveries process and the development of the two-seater version in addition to a strategic partnership to promote the sales of Gripen NG in the global market.
In the transport of authorities segment, Embraer and the government of Honduras signed a contract to supply the Legacy 600 jet, which has already been delivered to the customer.
The Light Air Support (LAS) program, of the United States Air Force, received another A-29 Super Tucano in the fourth quarter, bringing the total to three aircraft already delivered in 2014.
Related to the SISFRON Project, led by Tepro Consortium, the Brazilian Army celebrated the official inauguration of the project’s operations. In addition, the first unit of the SENTIR M20 radar, developed by Bradar, achieved FAT approval (Field Acceptance Test).
Visiona Tecnologia Espacial, the company responsible for the systems integration of the Brazilian Strategic and Defense Communications Geostationary Satellite (SGDC), performed in December 2014 the Critical Design Review in an event attended by Telebras and the Minister of Defense of Brazil, which finalized all the contractual obligations and kept the program on schedule.
Bradar signed a contract with the Brazilian Army to supply four SABER M60 radars and four Ground Based Air Defense Operation Center units to the Logistics Operation Centre (COLOG in Portuguese).
In addition, Atech signed contracts in 4Q14 with the Brazilian Government for the implementation of the air traffic management system SAGITARIO, the modernization of control centers, support and evolution of the SIGMA system and also an additive term for the LABGENE project.
SEC/DOJ INVESTIGATION UPDATE
The Company received in September, 2010 a subpoena from the SEC and associated inquiries from the U.S. Department of Justice, or DOJ, concerning possible non-compliance with the U.S. Foreign Corrupt Practices Act in relation to certain aircraft sales outside of Brazil. In response, the Company retained outside counsel to conduct an internal investigation of sales in three countries.
In light of additional information, the Company voluntarily expanded the scope of the internal investigation to include sales in other countries, reported on these matters to the SEC and the DOJ and otherwise cooperated with them. The U.S. government inquiries, related inquiries and developments in other countries and the Company’s internal investigation are continuing. Any action in these or related inquiries, proceedings or other developments, or any agreement the Company enters into to settle the same, may result in substantial fines and other sanctions and adverse consequences. Based upon the opinion of its outside counsel, the Company believes that there is no adequate basis at this time for estimating accruals or quantifying any contingency with respect to these matters.
In light of the above, we embarked on a comprehensive effort to improve and expand our compliance program worldwide. This multi-year task involved reexamining every aspect of our compliance systems, and where appropriate, redesigning or adding to them. Some of the key enhancements include the creation of a Compliance Department, the appointment of a Chief Compliance Officer reporting directly to the Risk and
Audit Committee of the Board of Directors, the development of a program to monitor engagement of and payments to third parties, improvements to compliance policies, procedure and controls, the enhancement of anonymous and other reporting channels, and the development of a comprehensive training and education program designed to maintain and reinforce a strong compliance culture at all levels of Embraer globally. The Company will continue to promote enhancements and update its compliance program.