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 These laws were repealed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