Horton Agreement: Statoil Will Assess Penalty Notice
29 Junho 2004 - 6:04AM
PR Newswire (US)
Horton Agreement: Statoil Will Assess Penalty Notice STAVANGER,
Norway, June 29 /PRNewswire-FirstCall/ -- A penalty notice has been
issued to Statoil (OSE:STLOSE:NYSE:OSE:STO) by the National
Authority for Investigation and Prosecution of Economic and
Environmental Crime in Norway (Okokrim) which, if it is accepted,
implies a penalty of NOK 20 million for violation of section 276c,
first paragraph (b) of the Norwegian Penal Code. This provision
deals with illegal trading in influence. Statoil has been given 30
days to decide whether to accept the penalty. Its board will engage
a defence lawyer to assist the company in assessing how to pursue
the matter further. The company could find it necessary to seek an
extension of the deadline for determining its response. The basis
for the penalty notice is a consultancy agreement concluded by
Statoil with the company Horton Investment Ltd relating to business
activities in Iran. Okokrim has informed Statoil that it has issued
a penalty notice to former Statoil executive vice president Richard
Hubbard on the same basis, seeking to impose a penalty of NOK
200,000. Preliminary charges were levelled against Statoil by
Okokrim on 11 September 2003 for breaches of the penal code's
provisions on corruption (section 128 until 4 July 2003 and section
276 a and b subsequently). Okokrim has informed Statoil that it has
not been able to determine that the company has paid bribes to
Iranian decision-makers with the intention of securing commercial
advantages in Iran. Thus, the original charge has not been
maintained. Section 276c of the penal code deals with conferring on
or offering to a middleman an improper advantage in return for
exercising his influence against a decision-maker, without the
decision-maker receiving any advantage. In force from 4 July 2003,
this is a new provision and no case law has been developed in
relation to it. The agreement with Horton Investment was concluded
in June 2002, before section 276c took effect. Okokrim has
nevertheless concluded that this provision is applicable because
Statoil should have terminated the agreement immediately after the
new section of the penal code came into force. The authority has
informed Statoil that it has concluded that the real purpose of the
agreement was for the consultant to influence decisions-makers in
the Iranian oil and gas industry for the benefit of Statoil and it
has found no basis for claiming that any such influence has
actually been exercised. Statoil's board of directors received a
report on 17 June 2004 from its legal adviser, Erik Keiserud. This
reached a similar conclusion as Okokrim with respect to sections
128/276 a and b of the penal code relating to corruption. Mr.
Keiserud also concluded that section 276c is not applicable either,
since no actions taken by Statoil after 4 July 2003 are governed by
this provision. Mr. Keiserud, who has conducted a review and legal
assessment of the Horton agreement on behalf of the board,
concluded his assignment with this report. At this point in time,
Statoil has no further comment to make on the case. Statoil ASA
Tel. +47 51 99 00 00 DATASOURCE: Statoil ASA CONTACT: Statoil ASA,
+47-51-99-00-00 Web site: http://www.statoil.com/
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