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OPL 245: Bernardus Cornelis Adriana Margriet Van Beurden

Extracts from Milan Prosecutors letter relating to Royal Dutch Shell and its current/former executives and employees.

Notification of completion of preliminary investigations Art. 415-bis of the Italian Code of Criminal Procedure The Public Prosecutor, having regard to the above criminal proceedings against

Royal Dutch Shell PLC with registered office in The Hague (Netherlands), at Carel Van Bylandtlaan, 30 legal representative pro tempore: Bernardus Cornelis Adriana Margriet Van Beurden, born in Roosendaal en Nispen on 23 April 1958 Defended by the lawyer Bruno Lorenzo Cova of the Court of Turin, and by the lawyer Francesca Petronio of the Court of Milan, with chambers at in Milan, Via Rovello, 1 With address for service at the Paul Hastings (Europe) LLP law firm in Milan, at Via Rovello, 1 for the crimes and administrative offences listed below:

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Transcript of Wiretapped Ben van Beurden Simon Henry phone call

Transcript: Tap 5 – 716
TITLE: TAP 5 – 716
PERSONS NAME: Ben van Beurden (Shell CEO) & Simon Henry (Shell CFO)
DATE: 17 February 2016
TIME: 19:53:12
DURATION: 00:13:53

TIMECODE Name Dialogue
0:00 BVB Hey Simon
00.24 SH Hi Ben
00.25 SH Sorry, your missed call. I was, er, having something to eat.
00.30 BVB Yeah, I know you’re on leave, so am I. You obviously know what happened at the office today, so I just wanted to check in with you…
00.37 SH I’m actually in the office tomorrow morning.
00.40 BVB Oh will you be…
00.42 SH I’m leaving at lunchtime. I’ve been in Brussels today.
00.45 BVB Oh, I thought you were in Switzerland this week?
00.50 SH I fly down tomorrow afternoon, evening.
00.55- BVB Oh OK, so I… as I said I… just hold on, I just want to get away from the nanny. And so I just wanted to check in and see whether you’re alright. I trust you have been informed about what happened at the office and the fact that they have gone through both our rooms to get whatever information they needed to get.
1:20 SH Yeah. I spoke to Ronan [Cassidy, Shell Chief Human Resources & Corporate Officer] and Souli [Bouchla, Shell Executive Assistant] and I heard that. I hadn’t heard much else actually. That’s about it, all that I’ve heard…
1:302:00

2:30

3:00

BVB Yeah well I don’t know exactly of course the details of the events but I spoke with Michiel [Brandjes, Shell Company Secretary] and Ronan [Cassidy] three times during the day, and with Donny [Ling, Shell Legal Director] who is in Barcelona. So it looks as if they have some form of coordination between the Italian prosecutor, possibly … with a link into the DoJ, but we’re not sure yet. But, er, clearly something they have been preparing for and need to do now apparently also because of a statute of limitations that expires next month in Italy. But it… they were apparently … quite, er, firstly well prepared but also quite forceful and brusque this morning when they got hold of Annette [van Lisse, secretary to Ben van Beurden], they rattled a few people in the office probably. But during the day it sort of all turned into a fairly sort of professionally run organisation, certainly from our side, but also from the side of the prosecutor. Annette was… I spoke with Annette at the end of the day, apparently they had been in my office for 3 or 4 hours going through everything. I have nothing on OPL245 … but anyway they managed to take one folder which they thought was of relevance … no idea what that would be. Apparently they had been in your office … they were still in your office when I spoke with Annette at the end of the afternoon so they were going through things…
3:20 SH OK, I do know [unclear] apparently, a lot of papers. There’s nothing on OPL245 that I’m aware of. They’d be better off looking through electronic records.
3:33 BVB Yeah. And I think they were going to go to Chad’s office [Holliday, Shell chairman], which of course used to be Malcolm’s [Brinded, Shell Executive Director, Upstream International] office. And according to Souli [Bouchla] there is [unclear] there is a whole stack of Malcolm’s stuff in there…
3:48 SH Really? Mmm…
3:50 BVB …so I have no idea what it is, what that could be, yeah.
3:54 SH [Chuckles] Probably more interesting.
3:57 BVB [Chuckles] Yes. Er, you are aware of the sort of, not status, er, Donny [Ling] and the legal team have been up to in terms of the OPL245 forensic investigation that we doing ourselves?
4:16 SH I spoke to Donny [Ling] a couple of weeks ago… But I’m… Not in a forensic sense, to say where are you, what have you found, is there anything to be concerned about…? I didn’t have that kind of conversation with him. You may have had more, particularly if you spoke to him today.
4:375:00

5:30

BVB Yeah, well, they have gone through all the old email exchanges etc. I think the… I’ve been briefed a few times, verbally. They’ve given me a briefing the day before the audit committee because they were going to give a verbal update to the audit committee… So I take it you have [SH: Yes] heard the verbal update so you are probably also up to date with everything. But, er, to the extent that they may not have shared sort of the very latest… I don’t think they have found anything that was clearly incriminating or that sort of suggested thst we were colluding or doing anything inappropriate. But there was apparently some loose chatter between people from the team, particularly the people that we hired from MI6 who, er, must have said things like, “Well, yeah, you know, I wonder who gets a pay-off here and whatever”, so it’s unhelpful email exchanges. It’s, it’s … I haven’t seen them but apparently they were judged to be, you know, just pub talk in emails which was stupid. But nevertheless it’s there, so it, er…
5:57 SH And that was from the time of … the ENI payment, or from a subsequent investigation by us using people with that background?
6:076:30

7:00

7:30

8:00

BVB No, no, no. This is from the time of the ENI payment where, you know, it all was sort of figured out how to do this, and whatever. Apparently there was some really unhelpful emails in there, which then subsequently needed to be followed up with interviews to say, well, what do these emails mean? Well, we’re never going to get a good answer out of that, of course, but they had a list of people that they were going to interview. They have done a few like Anne Pickard [Shell Executive Vice President: Arctic; formerly Vice-President: sub-Saharan Africa] and a few others who still work for us. But they were also going to interview Peter Robinson [formerly Shell Vice-President: Africa]. I’m not sure whether they in the end managed to speak to him, because of course he can decline to be interviewed, he doesn’t work for us anymore. And they were going to interview Malcolm [Brinded] and they were going to interview Peter Voser [formerly Shell Chief Executive]. So, I’m not sure whether they were going to interview you but if you haven’t been approached then they’re probably not going to. It, er. So it’s, yeah, the whole… I got a briefing at some point from them… [unclear]… the law firm, who said, yeah, we don’t think we, we have, there is anything troublesome here but, yeah, at some point in time when it’s all done we have to make up our mind whether we just say “Well, that’s it, we’ve investigated everything that could be investigated and we conclude there is nothing wrong and we will put it to rest”. Or whether we just say, “Well, you know, there’s a few funny things here and maybe we should just disclose it to the DoJ.” Because it all happened at a time we were of course under deferred prosecution agreement, so, we should have maybe at the time been a more open with the DoJ than we now find we have been. Anyway we were not at that point of clarity or conclusion, so, in that sense… this dawn raid is, I won’t say premature, but it’s, we were not, we hadn’t concluded our own work.
8:27 SH I saw DoJ referenced. You mention that… I don’t think there for a moment that with the Dutch side with the possible Italian connection, that do we know definitely it’s definitely DoJ, then, in the US?
8:42 BVB Sorry, say that again. You were…?
8:45 SH I only saw from the, when I spoke to Ronan [Cassidy], plus early messages from Mikhail [Brandjes], that it was the Dutch director of public prosecution and essentially found the Italian link, but did it pick up anything formally, like the DoJ and the Americans?
9:039:30

10:00

10:30

11:00

BVB No, no. It didn’t. When I spoke with Michiel [Brandjes] this morning, and Donny [Ling], it… at some point in time they said that the DoJ was involved and that it was coordinated with the DoJ etc. And then when I spoke with them this afternoon that story had been clarified and they said no there was no DoJ involvement. And the crisis team met at 1 o’clock and, er, sort of went over who do we need to inform. So do we need to inform the DoJ, do we need to inform the Serious Fraud Office, do we need to inform the SEC? And they were going to reflect on that. And so I thought, spoke with Ronan [Cassidy] and said OK let the team properly reflect on that legally and everything and else. For what it’s worth my view on it would be: the DoJ, yes, because we have been asked to collaborate earlier on in an investigation that they were doing in ENI, so it would only be logical we would inform them and most probably they are informed anyway so it doesn’t really matter too much. The Serious Fraud Office, same thing, I would think. Inform them: it’s probably better anyway. [SH: Yes, I agree]. The SEC, I don’t know, to be perfectly honest. So I asked them to contact Joe Babits [Shell Associate Counsel (US Securities)] to get a view on this, whether it was necessary or appropriate or desirable, or whatever. Because the last thing you want of course is some sort of request to issue a stock exchange release when there is nothing to be said other than that we are being asked to provide information. So I said let Joe [Babits] take a view on it. I know that Joe [Babits] has been informed and involved in all this in the lead up to the prospectus issuance, so he will be sensitised to it all, it will not get him cold.
11:13 SH My instinct would be the same. The SFO because, ultimately, they are following [unclear] in to Etete, in the UK, where Etete is, I think they’re trying to extradite him. And, er, in the US the DoJ … The FCPA is a DoJ issue, not the SEC.
11:38 BVB Yeah, exactly. So it’s er, the SEC has no jurisdiction here. It’s more, you know, is there anything that is share-price sensitive. Well, yeah I guess, depending on how you look at it there is – but everything is share-price sensitive if you’re not very careful, huh.
11:56 SH [Laughs] At this particular point in time, that seems to be the case…
12:00 BVB Sorry?
12:02 SH OK… At this point in time, everything seems to be share price sensitive [chuckles].
12:05 BVB [Chuckles] Exactly, exactly. Anyway, so, I just wanted to touch base with you, see whether you, whether you had any reflections [SH: Well, thanks], you were alright, etc. If you are in the office, I’m in France, so, let’s see whether there’s a need to, or, why don’t we just check in tomorrow with each other and see how things are going?
12:25 SH I will go in because if I don’t it will look odd because [unclear] I was due to go in just for a couple of hours, well, four hours, tomorrow morning at least. And [unclear] because she stayed with them until they had finished. She wasn’t clear if they were coming back, I don’t think they were clear if they were coming back [laughs]. And if they are there, then we’ll just deal with it…
12:53 BVB Sorry, say that again?
12:55 SH If they are there, then we’ll just deal with it in a professional manner.
12:59 BVB Yeah, yeah. You probably … know this, so don’t, don’t volunteer any information that is not requested. So it, er… And we just… I think probably they have gone through everything that they need to go through. They may just request your PC and your phone to be imaged. But it, er…
13:24 SH I wonder if [unclear] anyway, of course, do it [tonight/offline?].
13:28 BVB Offline, yeah.
13:29 SH Offline.
13:30 BVB Yeah.
13:31 SH OK.
13:32 BVB OK, very good.
13:34 SH Thanks for the follow up, then. I’ll let you know if anything happens tomorrow [chuckles].
13:38 BVB Yeah, yeah. Well, we’ll talk.
13:40 SH Hopefully nothing tomorrow. I suspect nothing happens for quite a while, but let’s see…
13:46 BVB Yeah. OK, thanks Simon. You have a good evening, then. Bye.
13:50 SH Thanks, mate. Take care. You too. Bye.

Shell’s Nigerian Nightmare Continues

Latest salvo in Shell Nigerian discovery docs battle

By John Donovan

Over 100,000 Shell internal discovery documents relating to the oil giants murderous conduct in Nigeria were assembled by Shell several years ago.

This huge task was undertaken for the famous Kiobel v Royal Dutch Petroleum lawsuit in the USA alleging that Shell was complicit in the murder of Ogoni leaders, including Ken Saro-Wiwa and the beloved husband of Esther Kiobel, Dr. Barinem Kiobel.

In 2013, Shell’s lawyers Cravath Swaine & Moore LLP managed to scupper that litigation on legal jurisdiction grounds in a historic U.S. Supreme Court Decision. The pre-trial proceedings, which had lasted over a decade, came to an abrupt end before the allegations could be brought to trial. Shell cleverly escaped responsibility. The content of the discovery documents remained confidential and under Shell’s control.

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Spectacular falling out of ‘Security Professionals’ at the top of Shell

By John Donovan

Former FBI Special Agent Crockett Oaks III joined Shell in 2003 and until recently was paid over $325,000 per year as head of Shell Security in the Americas. He has a military background currently holding the rank of Lieutenant Colonel in the U.S. Army Reserve. Oaks had a Top Secret U.S. Government Security Clearance through the military connection that afforded him the opportunity to attend classified U.S. federal governmental security briefings for the private sector (his employer Shell).

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Can Shell CEO Ben van Beurden Survive OPL 245?

Amazing that after that experience, his reaction was to opt for the same cover-up culture/mentality of Shell senior management which led to Watts being escorted from Shell Centre in London by security staff.

By John Donovan

Ben van Beurden had no involvement in the $1.3bn OPL 245 corruption scandal until after he became Chief Executive Officer of Royal Dutch Shell Plc. He was not involved in the shady negotiations or the eventual deal.

Based on what he said in the surreptitiously recorded telephone conversation with his then-subordinate Simon Henry, the then Chief Executive of the company, he is, however, guilty of cover-up tactics and gross hypocrisy.

The intercepted call took place on the day that Shell’s Netherlands HQ was raided. The police spent hours searching his office and removed a folder of documents.

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Headline selection on Shell OPL 245 debacle

Nigeria: Malabu Scandal – After Telling Lies for Years, Shell Admits It Knew Etete Would Benefit From $1.1 Billion: PremiumTimes

After repeated denials in various countries, Anglo-Dutch oil giant, Royal Dutch Shell, on Monday finally admitted it had foreknowledge that the $1.3 billion itself and ENI paid to Nigerian government for the OPL 245 oil block licence would ultimately be used to settle convicted former Minister of Petroleum, Dan Etete.

Shell dealt with money-launderer to ‘resolve impasse’: EveningStandard

Only 24 hours after claiming it had no knowledge of “improper payments” to a convicted money-launderer over a $1.3 billion (£1.1 billion) oil field acquisition in Nigeria, Shell has admitted it had known it was dealing with the controversial figure but doing so was “the only way to resolve [an] impasse”.

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OPL 245: Shell admits it knew payments would go to convicted money launderer


SHELL U-TURN

Yesterday Global Witness and Finance Uncovered exposed leaked emails that revealed Shell knowingly participated in a vast bribery scheme for one of Africa’s most valuable oil blocks, which deprived Nigeria and its people of $1.1billion.

Global Witness’ investigations into the case have exposed how Shell’s most senior decision-makers knew that the money they paid for oil block OPL 245 would go to convicted money launderer and ex-Nigerian oil minister Dan Etete, via his Malabu company – rather than to benefit the Nigerian people. For six years, Shell has consistently denied any wrong-doing, saying it only paid the Nigerian government.

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Key role of Shell Chairman Malcolm Brinded in OPL 245 Scandal

By John Donovan

Italian prosecutors intend to put Shell Foundation chairman Malcolm Brinded on trial for alleged corruption offences over his key role in the $1.3bn OPL 245 oil block deal. See extracts below from news articles published in the last 48 hours. Such allegations should not come as a surprise to regular visitors to my Shell focussed websites over the last two decades. The headline of an article I published in May 2009 says it all: Royal Dutch Shell Fat Cat Malcolm Brinded: Big Brain but no scruples. I first reached that conclusion nearly 20 years ago.

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OPL 245: I think Shell may be in a spot of bother

Postings extracted without his permission from the Facebook page of retired Shell executive Paddy Briggs…

This was actually on the 8:00am news on ! I think Joe Shell might be in a spot of bother.

I cannot comment on the latest allegations about Shell that are hitting the headlines – I would just say that they should be looked at in the context of the Company’s “Business Principles” :

http://www.shell.com/…/glob…/corporate/sgbp-english-2014.pdf

The Principles were introduced when I was an employee. I supported them but my colleagues will recall that I argued strongly that if they were not to be just PR Flimflam there had to be a conscious and internally regulated process to see that they were applied. When I looked at Corrib some years ago I concluded that if there was such a process it wasn’t working in this case. The latest news raises further questions.

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New leaked emails put Shell at centre of billion dollar bribery scheme…

READ ATTACHED SENSATIONAL 12 PAGE DOCUMENT INCLUDING SHELL INTERNAL EMAILS FROM SHELL’S FORMER MI6 AGENTS

By Barnaby Pace

Oil giants Shell and Eni knowingly participated in a vast bribery scheme for one of Africa’s most valuable oil blocks which deprived Nigeria and its people of $1.1billion, an exposé by Global Witness and Finance Uncovered reveals today.

New, leaked internal emails seen by Global Witness and Finance Uncovered show that Shell’s most senior decision-makers knew that the money they paid for oil block OPL 245 in 2011 would go to convicted money launderer and ex-Nigerian oil minister Dan Etete – rather than to benefit the Nigerian people.

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OPL 245 Scandal: Wiretapped phone call between Ben van Beurden and Simon Henry

By John Donovan

On 17 February 2016, Shell CEO Ben van Beurden and his scandal-prone CFO Simon Henry thought they were having a private telephone discussion about a dawn raid carried out by Dutch police on the HQ of Royal Dutch Shell Plc in the Hague.

The raid was in relation to the $1.3 bn OPL 245 oil block Nigerian corruption scandal involving Shell, ENI and Nigerian fraudsters, including former Nigerian Oil Minister Dan Etete. Police spent many hours during the raid searching the offices of various Shell executives.

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Shell confirms several countries investigating OPL 245 scandal

By John Donovan

Printed below are extracts from Shell’s Annual Report and Form 20-F 2016 relating to the OPL 245 corruption scandal.

Shell confirms that authorities in various countries are investigating its investment in Nigerian Oil Block OPL 245

Page 15

Authorities in various countries are investigating our investment in Nigerian oil block OPL 245 and the 2011 settlement of litigation pertaining to that block. On January 27, 2017, the Nigeria Federal High Court issued an Interim Order of Attachment for oil block OPL 245, pending the conclusion of the investigation. Shell has applied to discharge this order on constitutional and procedural grounds. On February 14, 2017, we received notice of the request of indictment from the Italian prosecution office in Milan with respect to this matter.

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