Registration Document 2005 - 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 These laws were repealed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.
A complaint was filed in France, by eight Burmese citizens, who
alleged that they were forced by Burmese army to provide labor on
the gas pipeline built by a subsidiary of TOTAL in Myanmar.
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.
Nonetheless, TOTAL and the association representing the eight
Burmese citizens entered into a settlement agreement to terminate
the proceedings. This agreement provides that TOTAL will create
a solidarity fund with an endowment of 5.2 million euros for
humanitarian purposes. These funds are intended as compensation
for the eight plaintiffs as well as for any other person who can
demonstrate being subjected to similar conditions near the
construction zone of the pipeline. The larger part of the fund will
be used to finance humanitarian actions for the sake of Burmese
refugees in the area.
South Africa
Risk factors
Legal risks
TOTAL - Registration Document 2005
4
In a threatened class action proceeding in the United States,
TOTAL is being accused, together with approximately one hundred
other multinational companies, by certain South African citizens
who allege 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 complicit 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.
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