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1 DESCRIPTION OF THE GROUP, AND ITS STRATEGY, MARKETS AND BUSINESSES<br />

RISK FACTORS<br />

<strong>Schneider</strong> <strong>Electric</strong> was also among 2,000 companies based all<br />

over the world that were mentioned in the Volcker report on the<br />

Oil for Food programme published by the UN in October 2005.<br />

It was investigated by the French judicial system in 2010 with<br />

regard to this report, which stated that the Group had entered into<br />

agreements with Iraqi government between 2000 and 2004, under<br />

which surcharge payments are alleged to have been made to the<br />

Iraqi government of around USD450,000, violating the provisions of<br />

the embargo in force at that time.<br />

Various other claims, administrative notices and legal proceedings<br />

have been fi led against the Group concerning such issues as<br />

contractual demands, counterfeiting, risk of bodily harm linked to<br />

asbestos in certain products and work contracts.<br />

Insurance<br />

<strong>Schneider</strong> <strong>Electric</strong>’s strategy for managing insurable risks is<br />

designed to defend the interests of employees and customers and<br />

to protect the Company’s assets, the environment, employees,<br />

customers and its shareholders’ investment.<br />

This strategy entails:<br />

• identifying and quantifying the main areas of risk;<br />

• preventing risks and protecting industrial equipment; having<br />

audits carried out at critical industrial sites by an independent<br />

prevention company, self-evaluation of risks for the other<br />

Group sites;<br />

• organising and deploying business continuity plans and crisis<br />

management resources, notably for health risks such as<br />

pandemics, technical and political risks and natural disasters;<br />

• carrying out hazard and vulnerability studies and safety<br />

management for people and equipment;<br />

• maintaining the necessary insurance cover for the main risks<br />

facing Group companies under global programs. The Group<br />

carefully screens insurance and reinsurance companies and<br />

evaluates their solvency.<br />

In addition, the Group has taken out specifi c cover in response to<br />

certain local conditions, regulations or the requirements of certain<br />

risks, projects and businesses. To extend guarantees and reduce<br />

budgets, the Group coordinates purchasing of local cover.<br />

Liability insurance<br />

The integrated global liability insurance plan set up in 2007 was<br />

continued until December 31, 2011. A new insurance plan was<br />

put in place on January 1, 2012 with a new lead insurer providing<br />

suitable terms and limits for the current size of the Group and the<br />

changes in its risks and agreements.<br />

Certain specifi c risks, such as aeronautic or environmental risk, are<br />

covered by specifi c programs.<br />

40 2011 REGISTRATION DOCUMENT SCHNEIDER ELECTRIC<br />

Although it is impossible to forecast the results and/or costs of<br />

these proceedings with certainty, <strong>Schneider</strong> <strong>Electric</strong> considers that<br />

they will not, by their nature, have signifi cant effects on the Group’s<br />

business, assets, fi nancial position or profi tability. The Company<br />

is not aware of any other governmental, court or arbitration<br />

proceedings, which are pending or which threaten the Company,<br />

that are liable to have or, during the last 12 months have had, a<br />

material effect on the fi nancial position or earnings of the Company<br />

and/or the Group.<br />

Property damage and business interruption<br />

insurance<br />

The global insurance plan put in place on July 1, 2010 for an initial<br />

duration of two years has been extended until June 30, 2013. This<br />

is an “all risks except” contract which covers events that could<br />

affect <strong>Schneider</strong> <strong>Electric</strong>’s property (notably fi re, explosion, natural<br />

disaster, machinery breakdown) as well as operating losses resulting<br />

from the risks. Settlements under the global plan are capped at<br />

EUR350 million per claim and specifi c limits apply to certain risks,<br />

such as natural disasters and machinery breakdown. These limits<br />

were determined on the basis of scenarios of loss established by<br />

specialists and available capacity in the insurance sector.<br />

Assets are insured at replacement value.<br />

Shipping and transport insurance<br />

On January 1, 2009, <strong>Schneider</strong> <strong>Electric</strong> implemented a new<br />

global shipping/transport insurance program that covers all goods<br />

shipments, including between Group facilities, by all means of<br />

transport, with a maximum insured value of EUR15.2 million<br />

per convoy. This plan was continued in 2011 was renewed on<br />

January 1, 2012.<br />

Erection all risk insurance<br />

An erection all risk insurance plan was set up on April 1, 2011<br />

in order to cover the development of our services and solutions.<br />

This plan aims to provide cover for damages to work and equipment<br />

for projects taking place at our clients’ premises.<br />

Self insurance<br />

To optimise costs, <strong>Schneider</strong> <strong>Electric</strong> self-insures certain frequent<br />

risks through two captive insurance companies:<br />

• outside North America, a captive reinsurance company based in<br />

Luxembourg offers damage and civil liability coverage capped at<br />

EUR10 million per year;

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