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Posts from ‘February, 2010’

Unignorable thesis

Financial Times

By Louise Lucas

Published: February 12 2010 02:00

What to make of the “peaceful corporate revolution” being urged on Royal Dutch Shell, where nameless, ostensible employees are taking it to task over activities in Nigeria?

Big companies, particularly those dredging the heavily geopolitical waters of oil, inevitably come under attack. When you produce something that generates big money, often in countries where poverty is rife and human rights abuses abound, there is plenty of scope for criticism. There is also plenty of scope for confusion as to what an oil giant can and cannot do: insisting that a government’s oil revenues are funnelled into hospitals and schools is laudable, but presidents of countries are free to think otherwise.

In many ways, Shell has got off lightly. These are not a whistleblower’s revelations – regardless of what the writers say, the grievances have all been rehearsed before. The self-styled dissidents, assuming they are genuine employees, are supposedly 100-odd strong, hardly enough to launch even a gentle rearguard action, and intent on protecting their anonymity.Amateurism hangs over the campaign. The list of employees which has been leaked is, Shell says, six months out of date. Guesstimates made in the 36,000-word manifesto are as pointless as they are painful: “Almost all (99.5%) of common & low-level Shell employees” are unaware of Shell’s behaviour in Nigeria as are “possibly all (100%) of Shell’s institutional investors”. It is sometimes repetitive and ungrammatical and occasionally more earnest than coherent – not dissimilar to an undergraduate thesis.

That said, big business can no more ignore the hippies, whether within its ranks or not, than it can shrug off Hollywood (for whom corporate malfeasance has provided a rich seam – from Erin Brockovich to The Constant Gardner ). Slow-burning protests do sometimes assume a life of their own: in China, PetroChina’s flotation was dogged by its activities in Sudan. That is why Shell cannot ignore the claims, however flaky they may appear.

louise.lucas@ft.com

andrew.hill@ft.com

To comment, visit www.ft.com/lombard

Copyright The Financial Times Limited 2010. FT ARTICLE (Subscription)

Email correspondence with Shell on database breach: 12 FEB 2010

EMAIL RECEIVED FROM RICHARD WISEMAN, ROYAL DUTCH SHELL PLC: FRIDAY 12 FEB 2010

From: richard.wiseman@shell.com
Date: 12 February 2010 08:30:20 GMT
To: john@shellnews.net
Cc: michiel.brandjes@shell.com, Peter.P.Voser@shell.com
Subject: RE: Shell Global Address Book

Dear Mr Donovan

There is no deceit and my statement was true.  An individual may chose to give out his or her card on the basis of the information it contains.  The address book along with the data it contained was distributed without the consent of anyone.

I am sure you would not counsel anyone to commit the criminal offences I drew your attention to.

Regards
Richard Wiseman

Chief Ethics and Compliance Officer
Royal Dutch Shell plc
Shell Centre, London SE1 7NA

Registered in England and Wales number 4366849
Registered Office:  Shell Centre, London, SE1
Headquarters: Carel van Bylandtlaan 30, 2596 HR
The Hague, The Netherlands

Email: richard.wiseman@shell.com
Internet: http://www.shell.com

RESPONSE FROM JOHN DONOVAN

From: John Donovan <john@shellnews.net>
Date: 12 February 2010 09:53:24 GMT
To: richard.wiseman@shell.com
Cc: michiel.brandjes@shell.com, peter.p.voser@shell.com
Subject: Re: Shell Global Address Book

Dear Mr Wiseman

Thank you for the confirmation that your media office has indeed been comparing the security implications of the leaked data, with merely giving out a business card.

In reality, as you have previously stated, and confirmed your statement again today, the leaked data does puts the personal safety of some employees at risk.

It is indefensible deceit on the part of Shell media to downplay (some would say cover-up) the crisis which has today been the subject of a front page article in the FT with a related  Lombard editorial. I was responsible for the FT investigation. I have had no contact with The Times in connection with the article it has published overnight, which as far as I know, is not entirely accurate. I have also given interviews last night and this morning to BBC World Service.

Like you, I believe that the safety risk is genuine, which is why I immediately agreed to your request not to make the database available online. A response you described as “responsible”.

Since, as I anticipated, you have confirmed that your statement was true, I will not be counseling anyone to make the database available online. If one of the international activist parties which have copies of the database, have made it available online from a non UK Country, then UK Data Protection Law would surely not apply. They could have decided that Shell’s evil conduct in Nigeria over many decades outweighs moral and even legal considerations in respect of making public access available to the data. I do not take that view. If the information is already freely available online, as stated in The Times article, I have no involvement or prior knowledge of the matter.

The employees on the database are not personally responsible for the crimes committed by Shell against the ordinary people of Nigeria. A leaked Shell internal report admitted that Shell’s actions had fueled corruption, poverty and violence in the Country. As reported in the FT, you have entered into commercial arrangements with militant leaders attacking your own installations and personnel. The Shell created pollution continues year after year and is a disgrace.

Shell settled in June 2009 a US lawsuit for $15.5 million brought by relatives of Ken Saro-Wiwa, hanged under false charges brought by the then Nigerian regime, allegedly in collusion with Shell. Malcolm Brinded claimed the settlement was a gesture of goodwill – another shameful deceit.

No wonder there is a strong Nigerian element in the current internal insurgency at Royal Dutch Shell and the consequential leak of the data. Shell’s crimes in Nigeria are coming back to haunt the company.

I believe we have already established that you have no objection to me publishing part or all of the 177 page plan supplied with the database.

Regards
John Donovan

Shell staff details leaked to campaign groups

Financial Times

By Ed Crooks in London

Published: February 11 2010 23:16 | Last updated: February 12 2010 00:10

Royal Dutch Shell has suffered a serious breach of security after contact details for more than 170,000 employees and contractors were e-mailed to environmental and human rights campaign groups.

The database, from Shell’s internal directory, gives names and telephone numbers for all the company’s workforce worldwide, including some home numbers used for business. The e-mail was ostensibly sent by disaffected staff calling for a “peaceful corporate revolution” at the company.

The database was e-mailed with a 170-page covering note, explaining that it was being circulated by “116 concerned employees of Shell Oil dispersed throughout the USA, the UK, and the Netherlands”, to highlight the harm allegedly done by the company’s operations in Nigeria.

Shell confirmed the database was genuine, but said it did not pose a security risk because it did not include home addresses. It said it was investigating the security breach but did not believe the claim it had been leaked by disaffected staff.

The leak of data nevertheless raises the prospect that the company may be subject to further action by campaigners.

The e-mail sets out a four-stage strategy for raising awareness of allegations about Shell’s practices in Nigeria, including campaigns to target the media and institutional investors.

It also advocates “having people from NGOs [non-governmental organisations] becoming full-time (undercover) employees of corporations (in western countries)” to campaign for change in corporate practices.

With no identifiable Shell staff admitting responsibility, it is impossible to know if the claim of 116 internal supporters is true.

The e-mail says that the staff have to remain anonymous because they “have families to feed, clothe, and shelter, so we badly need to keep our jobs”.

The leaked information is about six months old, suggesting it could have been taken by a former employee. Shell cut 5,000 jobs last year and recently announced a further 1,000 job losses for this year.

The e-mail was sent to a handful of campaign groups, including Greenpeace, and to www.royaldutchshellplc.com, a website used to air grievances about Shell.

One campaigner who was sent the e-mail said it did not count as corporate whistle-blowing, because no important information had been disclosed, but nor did it look like a hoax.

Copyright The Financial Times Limited 2010

FT ARTICLE (SUBSCRIPTION)

Which Shell official lied about employee Data breach implications?

SELF-EXPLANATORY EMAIL SENT TO MR RICHARD WISEMAN, CHIEF ETHICS & COMPLIANCE OFFICER, ROYAL DUTCH SHELL PLC

From: John Donovan <john@shellnews.net>
Date: 12 February 2010 00:58:57 GMT
To: richard.wiseman@shell.com
Cc: michiel.brandjes@shell.com, peter.p.voser@shell.com
Subject: Shell Global Address Book

Dear Mr Wiseman

I agreed to your request not to make the Shell Global Address Book accessible online because you stated in an email that the personal safety of some Shell employees could be compromised by its publication. This was not an off-the-cuff comment, but one made after you had the opportunity to consider and consult with colleagues more familiar with the nature and contents of the leaked directory.

This is the entire message…

Dear Mr Donovan

I have now had a chance to consider this and consult with colleagues more familiar with the nature and contents of the “leaked” directory than I am.  I am afraid I must ask you not to publish the data.  The reasons for this request are as follows:

1  Although the data are predominantly business related, some of the information is personal – some telephone numbers for example.
Some of the information is sensitive from the security point of view and in some cases personal safety could be compromised by its publication.
3  Although this is a “Shell” directory, it contains information about considerable numbers of people who are not employed by Shell but who are employed by third parties.

In the circumstances therefore, I’d be grateful for your assurance that you will not be publishing the directory.

Regards

All perfectly clear, but totally incompatible with the information subsequently given to the news media when Shell thought it had the situation contained.

Your press office has stated in response to questions from a daily newspaper:

“the leak is no more dangerous than handing out business cards”.

So who has been speaking with a forked tongue – you or Shell’s press office?

Have I been conned by the Chief Ethics & Compliance Officer of Shell? You were well aware that your statement about the risk to the personal safety of employees was a major factor in my decisions.

I have already confirmed destruction of the database that was in my possession. I advised you that other parties have copies of the database. I will, if necessary, bring this matter to their attention. I will not be responsible for any action they may take.

The source of the copy we received also still has a copy. Unless you confirm that your statement about the safety of Shell employees was true and the version given by Shell’s press office to the media was false, I will advise the source to make the database accessible online.  The source would have no problem whatsoever regarding UK law with the database being physically located in another Country. Ultimately the decision and responsibility would be down to the party still holding a copy of the database, but I can tell you that they have an even lower regard for Shell than we do, if that is possible.

I have warned for over a decade that Shell is a thoroughly dishonest company. I was proven right by the reserves fraud. Now we have another classic example of a company completely without scruples or integrity.

If your media office was telling the truth about there being no security risk, then the prospect of the information being available on the Internet will be of no concern. In fact, according to the line being conveyed by your media office, it will promote business.

If however, you were telling the truth (as I am sure is the case), then your media office is guilty of outrageous deceit. In which event I will be content with the action I have already taken to safeguard the security of the 177,000 employees of Shell and other companies listed within the database. Something Shell has not done.

Regards
John Donovan

Confidential Shell database published on web

Times Online

The database featured a letter that set out criticism of Shell’s activities in Nigeria

The Times
February 12, 2010
Robin Pagnamenta, Energy Editor

Royal Dutch Shell was at the centre of a major security breach last night after the names and telephone numbers of tens of thousands of the oil company’s staff were circulating freely on the internet.

The details of up to 170,000 workers and contractors linked to the company, including some workers’ addresses, were contained in a database of Shell’s global workforce.

The document was e-mailed out to human rights groups and environmental activists including Greenpeace apparently by a group of disaffected Shell staff who were pressing for internal changes within the Anglo-Dutch oil company.

Attached to the database was a lengthy cover letter, which set out criticism of Shell’s activities in Nigeria and called for a series of changes in policy.

It claimed to have been signed jointly by a group of more than 100 Shell employees in the US, Holland and the UK.

Shell confirmed that the database, which is about six months old, was genuine yesterday but played down concerns about the security implications, claiming that it did not include personal addresses.

The company also rejected the claim that it had been circulated by any of its own staff.

News of the breach first emerged last week on a website, royaldutchshellplc.com, which has become a focus for repeated criticism of Shell in recent years.

Last night, a note on the website from one of its creators, John Donovan, claimed royaldutchshellplc.com had deleted its copy of the database on a voluntary basis because it belonged to Shell.

However, Mr Donovan also acknowledged that the potential security risk to Shell personnel from the open circulation of the database remained.

He blamed Shell for the security breach for what he said was a failure to safeguard information entrusted to the company.

Royaldutchshellplc.com also published e-mails allegedly written by Richard Wiseman, Shell’s chief ethics and compliance officer, insisting that the website delete the database and warning that publication of any of the contents could amount to a criminal offence under the UK data protection act.

In one of the published e-mails alleged to come from Mr Wiseman — none of which could be independently verified by The Times — the author claims to have informed a chief superintendent from the Essex police about the stolen database. He adds that the leak could potentially cost the lives of Shell employees.

The security breach has emerged as Shell is in the midst of a major restructuring drive led by Peter Voser, the group’s new chief executive.

Since taking over last July, Mr Voser has axed more than 5,000 jobs at the company, including hundreds of senior managers.

As part of a sweeping cost-cutting effort, he has also merged several businesses and radically cut spending in other areas.

Shell’s operations in Nigeria have been convulsed by a rumbling civil conflict in recent years that has brought production in some areas to a virtual standstill amid repeated kidnappings, violence and extortion.

BP and Shell Investors Want BP and Shell Out of Canadian Oil Sands

CleanTechnica.com

Written by Zachary Shahan

Published on February 10th, 2010

When environmentalists ask you to do something, you might not listen. When concerned citizens ask you to do something, you might not listen. When scientists ask you to do something, you might not listen. But when your investors ask you to do something, maybe then you’ll listen.

BP and Shell investors are demanding that they leave the Canadian oil sands alone. Why? For the bottom line (as well as all of the moral environmental reasons).

But does it look like BP and Shell will actually listen?

BP Investors Challenge Getting Oil from Canadian Oil Sands

“The Co-operative Asset Management, the Unison Staff Pension Scheme, a group of clients from Rathbone Greenbank and the COIF Charities Investment Fund are all signatories to the resolution which tells BP not to commit $10bn (£6.4bn) to its Sunrise oil sands development,” Tom Young of BusinessGreen reports.

Basically, these investors don’t support getting oil from the Canadian oil sands because processing that oil is more expensive and more environmentally damaging than traditional oil exploration.

“We believe that environmental costs may make an expensive business prohibitively so, without fundamentally addressing the issue of a large net rise in emissions,” said Niall O’Shea, head of responsible investing at the Co-operative Asset Management. “BP should reassure shareholders that what they’re embarking on is fully costed, prudent and can withstand a more carbon-constrained world.”

Shell Investors Challenge Getting Oil from Canadian Oil Sands

A similar thing came to the forefront last month with Shell. Shell investors announced they would file a resolution demanding more information on the risks associated with Canadian oil sands projects. A little softer perhaps, but along the same lines.

BP and Shell Likely to Change Course?

Unfortunately, words from the men on top show that BP and Shell are unlikely to agree to these investors’ demands or requests.

Apparently, previous BP chief executive Lord Browne of Madingley said he would not invest in oil sands. But the new BP chief executive Tony Hayward seems to have different plans. He told the Guardian that he saw no problem making such investments.

“Canadian heavy oil is going to be a very important part of America’s energy, ” he said.

Similarly, regarding the Shell case, Shell told the Guardian: “The resolution is basically a request for further information around the economics and other aspects of our oil sands operations. The resolution is submitted by shareholders representing some 0.15 per cent of our total outstanding shares.” It doesn’t sound like Shell is looking to change course here, just to explain why they have no problem extracting oil from the oil sands.

We will see what will come of these two cases. But it looks like even concerned investors can’t get the top guys calling the shots to change their plans on this.

Image Credit: vaXzine via flickr under a CC license

CleanTechnica.com Article


Shell to Sea activist jailed for protests

Prominent Shell to Sea campaigner Maura Harrington, who was convicted by Judge Groarke yesterday of obstructing a gate with her car at the Shell compound in Glengad on August 13th, 2008, will be sentenced tomorrow.

Click to continue reading “Shell to Sea activist jailed for protests”

Dutch Court Adjourns Shell Nigeria Lawsuit Until Summer

AMSTERDAM -(Dow Jones)- A lawsuit against Royal Dutch Shell PLC (RDSB) over oil leaks in Nigeria has been adjourned by a Dutch court, one of the plaintiffs said Wednesday, adding that the hearing should start this summer.

Click to continue reading “Dutch Court Adjourns Shell Nigeria Lawsuit Until Summer”

Shell CEO Voser Converts Maximum Allowance of Bonus Into Shares

BusinessWeek Logo

February 10, 2010, 12:25 PM EST

By Fred Pals

Feb. 10 (Bloomberg) — Royal Dutch Shell Plc’s Chief Executive Officer Peter Voser converted the maximum proportion of last year’s bonus into stock, reflecting his confidence in the long-term prospects of the company’s shares.

Voser got 50 percent of his 2009 bonus, or the equivalent of 931,838 euros ($1.28 million), converted into 47,121 class-A shares, according to a company filing today to the Securities and Exchanges Commission, or SEC. That’s based on a closing share price of 19.775 euros on Feb. 5.

Shell, which competes with BP Plc as Europe’s biggest oil company, has underperformed its closest rival because of falling output and a greater exposure to refining where earnings have been depressed. Voser plans an additional 1,000 job cuts this year as well as cost savings of $1 billion. Shell’s class-A shares are up 3.9 percent in the past 12 months, lagging behind a 13 percent gain for BP.

The CEO has the option of being paid between 25 percent and 50 percent of his bonus in shares, Rainer Winzenried, a spokesman for The Hague-based Shell, said by telephone. The shares have a lock-up period of three years, Winzenried said.

The company said it would cut 2009 staff bonus payments from previously agreed levels because they don’t reflect the “overall competitive position,” according to an internal Shell memo to staff shown to Bloomberg Feb. 4. Payments will be 12 percent lower, after the company’s bonus scorecard was cut to 1.1 from 1.25, according to the memo.

Both Roles

Voser’s bonus for last year covers the six months he served as chief financial officer and the rest of the year as CEO after succeeding Jeroen van der Veer in July. His total bonus for last year came to 1.86 million euros, up from 1.42 million euros in 2008. Voser’s bonus increased, even after companywide bonus payments were cut, because it reflects the fact he’s paid more as CEO.

Shell’s chief also received 227,560 Class-A shares under the company’s long-term incentive plan. The final award can range from zero to two times the conditional award, depending on the company’s performance over a period of at least three years, according to the filing.

Voser received a total compensation of $6.06 million in 2008, including $3.59 million in salary and bonus, according to Shell’s annual report. Overall numbers for 2009 will be released in March.

–Editors: Stephen Cunningham, Will Kennedy.

To contact the reporter on this story: Fred Pals in Amsterdam at +31-20-589-8563 or fpals@bloomberg.net

To contact the editor responsible for this story: Will Kennedy at +44-20-7073-3603 or wkennedy3@bloomberg.net

SOURCE ARTICLE

Updated: Shell ethics boss wants evidence of data theft to be destroyed

By John Donovan

The Police have advised me that the database is not of any interest since they are not currently investigating any criminal offenses.

In the light of this information, we have notified Richard Wiseman Chief Ethics & Compliance Officer that we are willing to delete/destroy the copy of the Shell Global Address Book sent to us.

It is not a leaked email or document, but a huge proprietary database storing commercial and personal information. And it belongs to Shell.

It is being destroyed/deleted on a voluntary basis.

As already indicated, copies of the Shell Global Address Book were supplied (not by us) to third parties, so the  potential security risk to Shell personnel from the open circulation of the database remains. Shell is responsible for failing to safeguard the information entrusted to the company. It is Shell’s negligence which has jeopardized the personal safety of over 100,000 employees and put them at risk of becoming victims of cyber-crime.

11 February Update: I have confirmed to Richard Wiseman that the database supplied to us has been deleted. Is this the end of the matter. No, more is to come. Stay tuned.