Manifestation after Eni's withdrawal of the Good Offices

Upon becoming aware of the content of these three documents, it was very easy to see that the “arguments” of Eni to my disadvantage were not substantiated by “proofs” and, consequently, these arguments are only “narratives” instrumentally conceived with the objective of exempting Eni of its own responsibilities. Furthermore, these allegations had one thing in common: Eni continued to attack my honor and reputation unfairly.

Due to this situation, I requested a “deadline” so that the NCP Brazil could receive my “manifestation” about the Respondent's narratives.

On May 6, 2022, NCP Brazil sent me an email (Doc. 01), in the following terms:

“3. Additional manifestation by the Submitter

[...] Considering the late access to company manifestations due to the recent receipt of public versions, it was decided to exceptionally allow the submission of such manifestation. Given that the Final Statement is already being concluded, we ask that the document be sent preferably with an English version that can be shared with the Respondent”.

Even though the procedures — for conducting the work of a Specific Instance — are described in the “NCP Brazil Manual”, the “adversarial and full defense principles” cannot be forgotten, ignored, or belittled.

So, I prepared a manifestation (Doc. 02) – to dispute, contest, refute, deny, and question the narratives presented by the Respondent in these 3 (three) public documents — divided into the following topics:

● Preliminary considerations (Doc. 02-A); 

● The nexus between the subsidiary AGIP Brazil and the parent company ENI (Doc. 02-B);

● The judicial process in Brazil (Doc. 02-C); 

● The first lawsuit in Italy (Doc. 02-D); 

● The second lawsuit in Italy (Doc. 02-E);

● Specific Instances: NCP Brazil and NCP Italy (Doc. 02-F);

● The reconstruction of events (Doc. 02-G); 

● ENI and NCP Brazil (Doc. 02-H); 

- ENI's list of requirements
- Opening Speech

● Proposals of Amicable Settlement (Doc. 02-I);

● Reparation (Doc. 02-J); 

- Code of Ethics
- Whistleblowing Process
- ENI’s Statement on Respect for Human Rights
- United Nations Guiding Principles on Business and Human Rights
- OECD Due Diligence Guidance for Responsible Business Conduct
- Global Reporting Initiative

● Objective criteria for the reparation (Doc. 02-L);

- The length of the story
- Black List
- Dilapidation of the asset
- Retirement loss
- A missed chance
- Petrobras
- ENI Executive & Executive fired from ENI
- Lawsuit in the USA
- ENI is convicted in Italy 

● Reparation in the “Flinto case” (Doc. 02-M); 

● Conclusion (Doc. 02-N);

● Final considerations (Doc. 02-O)

- Confidentiality
- Final Statement
- Law for Access to Information

And since the NCP Brazil requested that this manifestation of mine be written in the English language so that it could be “shared” with Eni, I imagined that the draft of the Final Statement would only be completed after company's “reaction”, not just about the facts (and proofs) presented but, especially because the guidelines of the OECD Due Diligence Guidance for Responsible Business Conduct, with direct relation to my case and that are being neglected by the Eni, were listed in my manifestation.

Note that, although my manifestation was received by NCP Brazil on May 30, 2022, eighty-two days later, on August 22, 2022, I received that draft. And, according to information from NCP Brazil itself, my manifestation was sent to Eni later just for their knowledge(!?).

In my understanding, the “priority” of the NCP Brazil should have been to know the arguments of Eni about what was presented in my manifestation and not the conclusion of the elaboration of the draft of the Final Statement and the approval of its terms by the Interministerial Working Group of the NCP Brazil (IWG-NCP).

Important Note: This “manifestation” of mine was also sent to Eni's Stakeholders in the hope that they could raise awareness and sensitize, convince, and motivate the Eni's Board of Directors to carry out a “due diligence” on my case. Get to know some of these “standard emails” sent to the same Stakeholders of Eni who had received my “memorial”: Transparency International (Doc. 03); Mood's (Doc. 04); Prime Minister of Italy (Doc. 05); President of Italy (Doc. 06); WBCSD Italy (Doc. 07); UN Human Rights (Doc. 08); OECD Watch (Doc. 09); and OECD (Doc. 10).