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This excerpt taken from the PBR 6-K filed Mar 18, 2008. Guanabara Bay pipeline rupture On January 18, 2000, a pipeline from one of the Companys terminals to a refinery in the Guanabara Bay ruptured, causing a release of crude oil into the bay. On January 19, 2001, the Rio de Janeiro State Prosecutor filed a criminal lawsuit against the Company. The Company is contesting the legal basis for the criminal lawsuit. Additionally, the Federal Prosecutor has filed criminal lawsuits against the former president of the Company (that finished) and 9 other employees. The Company cannot predict if the outcome of these proceedings will have a material adverse effect on the financial condition, results of operations or cash flows of the Company. The local federal tribunal dismissed the complaint against the Companys former president, and this dismissal is not subject to appeal. On April 30, 2002, the judge determined that the Company could not appear as a defendant in this criminal proceeding as a result of an injunction the Company obtained from the court, although the decision is still subject to appeal. On October of 2003, the judge determined that in regard to one of the employees the suit would be suspended for the period of 2 years, under certain conditions that defendant would have to observe. In addition, as a result of the spill, on January 27, 2000, the National Council for the Environment enacted a resolution that obligated the IBAMA (Brazilian Institute for the Environment and Renewable Resources), state environmental agencies and local environmental agencies and non-governmental agencies to evaluate the control and prevention measures and environmental licensing status of all industrial facilities for the production of oil and oil products in Brazil. This resolution also mandated that the Company performed an independent environmental audit of all of its industrial installations located in the State of Rio de Janeiro. 103 19. Commitments and Contingencies (Continued) (d) Environmental matters (Continued) Guanabara Bay pipeline rupture (Continued) Since 2000, the Company implemented independent environmental audits in all of the Companys plants located in Brazil that was concluded during December of 2003. The Company implemented almost all of the auditors recommendations. |
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