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Registration document 2007 - Total.com

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TOTAL, like other major international oil <strong>com</strong>panies, has a<br />

geographically diverse portfolio of reserves and operational sites,<br />

which allows it to conduct its business and financial affairs so as<br />

to reduce its exposure to such political and economic risks.<br />

However, there can be no assurance that such events will not<br />

adversely affect the Group.<br />

Geopolitical situation in the Middle East<br />

In 2006, the Middle East represented 17% of the Group’s<br />

production of oil and gas and 7% of the Group’s net operating<br />

in<strong>com</strong>e. The Group produces oil and gas in the United Arab<br />

Emirates, Iran, Oman, Qatar, Syria and Yemen. TOTAL cannot<br />

predict developments of the geopolitical situation in the Middle<br />

East and its potential consequences on the Group’s activities in<br />

this area.<br />

Regulations concerning Iran<br />

In September 2006, the U.S. legislation implementing sanctions<br />

against Iran and Libya (Iran and Libya Sanction Act, referred to as<br />

ILSA), was amended and extended until December 2011.<br />

Pursuant to this statute, which now concerns only Iran (Iran<br />

Sanctions Act, referred to as “ISA”) the President of the United<br />

States is authorised to initiate an investigation into the possible<br />

imposition of sanctions (from a list that includes denial of<br />

financing by the U.S. Export-Import Bank and limitations on the<br />

amount of loans or credits available from U.S. financial<br />

institutions) against persons found, in particular, to have<br />

knowingly made investments of $20 million or more in any<br />

twelve-month period in the petroleum sector in Iran. In May 1998<br />

the U.S. government waived the application of sanctions for<br />

TOTAL’s investment in the South Pars gas field in Iran. This<br />

waiver, which has not been modified since it was granted, does<br />

not address TOTAL’s other activities in Iran, although TOTAL has<br />

not been notified of any related sanctions.<br />

In November 1996, the Council of the European Union adopted<br />

Council Regulation No. 2271/96 which prohibits TOTAL from<br />

<strong>com</strong>plying with any requirement or prohibition based on or<br />

resulting directly or indirectly from certain enumerated legislation,<br />

including ILSA. It also prohibits TOTAL from extending its waiver<br />

for South Pars to other activities.<br />

In each of the years since the passage of ILSA (now ISA), TOTAL<br />

has made investments in Iran (excluding South Pars) in excess of<br />

$20 million. In 2006, TOTAL’s average daily production in Iran<br />

amounted to 20 kboe/d, approximately 1% of its average daily<br />

worldwide production. TOTAL expects to continue to invest<br />

amounts significantly in excess of $20 million per year in Iran in<br />

the foreseeable future. TOTAL cannot predict interpretations of or<br />

the implementation policy of the U.S. government under ISA with<br />

respect to its current or future activities in Iran. It is possible that<br />

the United States may determine that these or other activities<br />

constitute activity prohibited by ISA and will subject TOTAL to<br />

sanctions.<br />

Risk Factors<br />

Other specific risks<br />

TOTAL does not believe that enforcement of ISA, including the<br />

imposition of the maximum sanctions under the current law and<br />

regulations, would have a material negative effect on its results of<br />

operations or financial condition.<br />

Furthermore, the United States currently imposes economic<br />

sanctions, which are administrated by the U.S. Treasury<br />

Department’s Office of Foreign Assets Control and which apply to<br />

U.S. persons, with the objective of denying certain countries,<br />

including Iran, Syria and Sudan, the ability to support<br />

international terrorism and, additionally in the case of Iran and<br />

Syria, to pursue weapons of mass destruction and missile<br />

programs. TOTAL does not believe that these sanctions are<br />

applicable to any of its activities in these countries.<br />

On February 27, <strong>2007</strong>, pursuant to resolution 1737 of the<br />

Security Council of the United Nations, dated December 23,<br />

2006, the European Union adopted sanctions that restrict the<br />

travel of certain individuals associated with Iranian nuclear<br />

proliferation activities as well as restricting trade and financing<br />

related to these activities. Additionally, a new French decree<br />

entered into effect on February 8, <strong>2007</strong> to reinforce the<br />

monitoring of financial relations between France and Iran. In<br />

addition, the Security Council of the United Nations adopted<br />

resolution 1747 on March 24, <strong>2007</strong> which extends the scope of<br />

resolution 1737. The Group believes that these measures, under<br />

their current terms, are not applicable to TOTAL’s activities in Iran.<br />

Geopolitical and economic situation in South<br />

America<br />

In 2006, South America represented 10% of the Upstream<br />

segment’s oil and gas production and 5% of the Group’s net<br />

operating in<strong>com</strong>e. The Group produces in Argentina, Bolivia,<br />

Colombia, Trinidad & Tobago, and Venezuela.<br />

4<br />

The circumstances under which the Group operates in Bolivia are<br />

described on page 26 of this <strong>Registration</strong> Document. In Bolivia,<br />

TOTAL signed six new exploration and production contracts in<br />

October 2006. Although these contracts were approved by the<br />

Bolivian legislature on December 3, 2006, they will not be<strong>com</strong>e<br />

effective until an additional legislative ratification has been<br />

<strong>com</strong>pleted.<br />

On March 31, 2006, the Venezuelan government terminated all<br />

operating contracts signed in the nineteen-nineties and decided<br />

to transfer the management of fields concerned to new mixed<br />

<strong>com</strong>panies to be created with the state-owned <strong>com</strong>pany PDVSA<br />

(Petroleos de Venezuela S.A.) as the majority owner. The<br />

government and the Group did not reach an agreement on the<br />

terms of the transfer of the Jusepin field under the initial<br />

timetable. However, subsequent negotiations have led to a<br />

settlement, announced in March <strong>2007</strong>, under which the<br />

government has <strong>com</strong>mitted to pay the Group $137.5 million.<br />

TOTAL – <strong>Registration</strong> Document 2006 87

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