ARCHER DANIELS MIDLAND SIGN COMPLIANCE PLAN Release No. 0016.97 Tom Amontree (202) 720-4623 Marlyn Aycock (202) 720-5237 USDA AND ARCHER DANIELS MIDLAND SIGN COMPLIANCE PLAN WASHINGTON, Jan. 17,1997--The agri-business firm of Archer Daniels Midland and the U.S. Department of Agriculture have signed a compliance agreement covering certain ADM corporate practices following the company's guilty pleas to two charges of violating the Sherman Antitrust Act, Grant Buntrock, Farm Service Agency administrator and executive vice president of the Commodity Credit Corporation, said today. In addition, three former ADM officers have been suspended from participating in government contracting or subcontracting, pending the outcome of legal proceedings resulting from indictment on charges of violating the antitrust laws. They are Michael D. Andreas, Terrance S. Wilson, and Mark E. Whitacre. "Although ADM didn't violate any USDA regulations, we are implementing this agreement to fully protect the public interest," Buntrock said. "ADM has already paid a $100 million fine to settle the two charges. ADM approached us to determine what would be needed for ADM to demonstrate its present responsibility to continue doing business with the government, and this agreement followed." Debarment cannot be used for punitive purposes. In the agreement between ADM and USDA, ADM will establish an education and compliance program which includes the following: 1. Establishing a corporate code of conduct and compliance policy; 2. Establishing an antitrust compliance guide; 3. Distributing the code and antitrust guides to employees involved in marketing and sales; 4. Certification by employees that they understand and will comply with laws and policies set forth in the code and guide; and 5. An annual ethics and antitrust training seminar. ADM agreed to have a Compliance Officer and managers responsible for supervising the agreement and fielding reports by employees of impropriety and for investigating such reports. The 3-year agreement calls for ADM to allow USDA access to books and records to ensure its compliance with the agreement. The Office of Inspector General is prepared to review the books and records. This agreement is similar to other agreements the Department has proposed or entered into with other companies. Last October, ADM agreed to plead guilty to a charge of conspiring to suppress and eliminate competition by fixing the price of lysine, an amino acid food additive, and a charge of conspiring to fix the price and allocate the sales volume of citric acid in the United States and elsewhere. # For further information, contact Ralph Linden at 202-720-9246. NOTE: USDA news releases and media advisories are available on the Internet. Access the USDA Home Page on the World Wide Web at http://www.usda.gov