Registration document 2007 - Total.com
Registration document 2007 - Total.com
Registration document 2007 - Total.com
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
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