Registration document 2007 - Total.com

Myanmar
Under the Belgian “universal jurisdiction” laws of June 16, 1993
and February 10, 1999, a complaint was filed in Belgium on April
25, 2002 against the Company, its Chairman and the former
president of its subsidiary in Myanmar. These laws were repealed
by the Belgian law of August 5, 2003 on “serious violations of
international human rights”, which also provided a procedure for
terminating certain proceedings that were underway. In this
framework, the Belgian Cour de cassation terminated the
proceedings against TOTAL in a decision dated June 29, 2005.
The plaintiffs’ request to withdraw this decision was rejected by
the Cour de cassation on March 28, 2007.
TOTAL has always maintained that the accusations made against
the Company and its management arising out of the activities of
its subsidiary in Myanmar are without substance as a matter of
fact and as a matter of law.
South Africa
In a threatened class action proceeding in the United States,
TOTAL is being accused, together with approximately 100 other
multinational companies, by certain South African citizens who
alledged that their human rights were violated during the era of
apartheid by the army, the police or militias, and who consider
that these companies were accomplices in the actions by the
South African authorities at the time.
The claims against the companies named in the class action,
which has not yet been officially brought against TOTAL, were
dismissed by a federal judge in New York. The plaintiffs have
appealed this dismissal.
Iran
In 2003, the SEC issued a non-public formal order directing a
private investigation in the matter of certain oil companies
(including, among others, TOTAL), in connection with the pursuit
of business in Iran. More recently, a judicial inquiry related to
TOTAL was initiated in France. In 2007 Christophe de Margerie,
as the former President of the Middle East department of the
Upstream segment, was placed under formal investigation in
relation to this inquiry. The inquiry concerns an agreement
concluded by the Group that relates to the South Pars gas field
and allegations that certain payments made pursuant to this
agreement were paid to Iranian officials in connection with
contracts entered into between the Group and the National
Iranian Oil Company (NIOC). The Company believes that the
negotiation and execution of the agreement did not violate any
applicable laws or applicable international conventions. The
Company cannot, however, exclude the possibility that additional
procedures may be initiated with respect to this matter.
Oil-for-Food Program
Risk Factors
Legal risks
4
Several countries have commenced investigations concerning
possible violations related to the United Nations (UN) Oil-for-Food
program in Iraq.
Pursuant to French criminal investigation, certain current or
former Group employees were placed under formal criminal
investigation for possible charges as accessories to the
misappropriation of corporate assets and as accessories to the
corruption of foreign public agents. The president of the Group’s
Exploration & Production division, now Chief Executive Officer of
the Company, was also placed under formal investigation in
October 2006.
The Company’s activities related to the Oil-for-Food program
have been in compliance with this program, as organized by the
UN.
TOTAL – Registration Document 2006 83