RELATÓRIO ANUAL / 2022 ABOUT FIT FOR GROWTH & ESG INNOVATION BUSINESS SUSUSSTTAINABILAINABILITITYY EMBRAER FINANCIAL PERFORMANCE UNIT INDICINDICAATTORORS S CONFIRMED INCIDENTS OF CORRUPTION AND MEASURES TAKEN (GRI 205-3) On October 24, 2016, Embraer 昀椀nalized the entered into with the US Securities and terms of the agreements for the resolution Exchange Commission on October 24, 2016. of Investigations with the US authorities In November 2021, Embraer was formally (Department of Justice (DOJ) and Securities summoned in the courts of India with respect and Exchange Commission (SEC), and Brazilian to a criminal proceeding 昀椀led by the Directorate authorities (Federal Public Prosecutor’s Of昀椀ce of Enforcement in India against entities and (MPF) and Securities Commission (CVM). The individuals, including Embraer and ECC investigation involved sales transactions that Investment Switzerland AG (Embraer’s wholly- occurred in India, the Dominican Republic, owned subsidiary) regarding the transaction Mozambique, and Saudi Arabia. As part of the in India that was contemplated in the agreement, the company agreed to maintain investigations described in the 昀椀rst paragraph. external and independent monitoring for up to 3 years to ensure full compliance with the terms The above case is in its initial phase and there of the agreement. The company also agreed to is currently no appropriate basis for estimating payments in an a最最regate amount of about USD the additions or quantifying any contingency 206 million to US and Brazilian authorities. The in this regard. The company is not aware of agreement also provided that as long as the other procedures pertaining to the scope of the terms are fully met, no charges will be brought agreements entered into with the authorities of against the company. the United States and Brazil in 2016. To date, In 2020, Embraer successfully completed third- Embraer believes that there is no reasonable party monitoring, as well as the other terms of the basis to estimate provisions or quantify possible deferred prosecution agreement (DPA) entered contingencies relating to such case. into with the DOJ and the consent agreement 134