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Saturday, December 6, 2014

Wanted: Shell Senior Legal Counsel

Wanted: Shell Senior Legal Counsel to evade Anti Bribery and Corruption laws?

Screen Shot 2014-10-30 at 09.22.43Unfortunately it is unclear if the lucky applicant is expected to advise Shell employees on how to avoid falling foul of bribery and corruption laws, or how to get round them. I suppose its a fine distinction.

By John Donovan

Just spotted an advert for the job of Senior Legal Counsel for Anti Bribery and Corruption at Royal Dutch Shell Group.
Apparently part of the job function is to provide specialist advice in connection with the Shell Anti-Corruption Manual, which probably has the same standing within the company as the outdated Shell Business Principles – just a theatrical prop designed to conjure up an illusion of honesty. 
Unfortunately it is unclear if the lucky applicant is expected to advise Shell employees on how to avoid falling foul of bribery and corruption laws, or how to get round them.
I suppose its a fine distinction. 
Looks like the advert has been on display for some time, which could perhaps explain why Shell seems forever mired in corruption scandals e.g. Nigeria and Ireland. 
I note the requirement that the applicant must be able to practice law in Texas. Wonder if that has anything to do with the Robert Writt case?  He is the courageous former Shell employee suing Shell for defamation in relation to a corruption case in which Shell is a key player. Shell tried to make him the fall guy for what occurred. 

Senior Legal Counsel – Anti Bribery and Corruption

Job description
The Shell Group is at the heart of the global energy and petrochemicals business and employs more than 90,000 people with operations in over 90 countries. A vacancy has arisen for experienced Anti-Bribery and Corruption Senior lawyer to join our ABC specialist team in London. The Anti-Bribery and Corruption lawyers (Subject Matter Experts) are part of the Shell Ethics and Compliance Office, itself part of the Shell Legal organisation, which also deals (inter alia) with Anti- Trust, Trade Controls and Data Privacy. They work closely with the Business and Functional Compliance Officers and their teams and provide specialist advice in connection with the Shell Anti-Corruption Manual and its procedures as well as the application of the principal international anti-corruption legislation, such as the FCPA and the UKBA.
In addition, they support other Shell lawyers in the negotiation of contracts with regard to ABC clauses and in M&A transactions, frequently dealing with their counterparts in competitor companies and contractors and suppliers, provide training to Shell staff in at-risk roles and monitor external developments in relation to new legislation and enforcement to ensure that the Shell procedures remain up to date and compliant.
Responsibilities:
Working with the other ABC lawyers in London, Nigeria, Hong Kong and elsewhere, you will be responsible for providing specialist ABC advice and support to Group companies on a wide range of issues, primarily ABC compliance advice in respect of the Anti-bribery and Corruption Manual and its procedures,due diligence questions and ABC investigations. You will be advising independently on a wide range of ABC law issues and will be expected to have experience in this area.
Knowledge and experience of the principal international ABC laws would be a distinct advantage. Sound legal experience and a calm,confident and practical, solutions-oriented approach. Strong presentation skills and a good team player with the ability to interact effectively with clients at all levels in the Shell organisation and other lawyers,both in-house and in private practice. Ability to work without daily supervision is essential. Language skills would be a definite advantage.
The successful candidates must be a hard teamworker, have the ability to multitask, possess the discipline to prioritise projects and conflicting demands,be able to delegate, respect confidentiality requirements,have the ability to firmly communicate with tact and diplomacy at multiple levels. Problem-solving and decision-making skills are a necessity as is an extensive knowledge of Shell policies and practices
Desired Skills and Experience
1. Excellent legal drafting skills.
2. Strong negotiation and counseling skills.
3. Experience with business transactions, including M&A.
4. Ability to work independently without the assistance of outside counsel.
5. Ability to meet deadlines and demonstrate flexibility.
6. Excellent analytical and organizational skills.
7. The candidate must be able and willing to see both the big picture and to handle details accurately and consistently.
8. Ability to communicate effectively verbally and in writing, including with senior level executives and overseas colleagues.
9. Ability to maintain confidentiality of sensitive information.
10. The candidate must be licensed to practice law in Texas, or able to obtain license in a reasonable timeframe.



The TRUTH will set you FREE.

Stichting Shell Pensioenfonds


Stichting Shell Pensioenfonds victim of $65 billion Bernie Madoff Ponzi scheme

Screen Shot 2014-10-30 at 09.22.43Shell probably hopes that we have all forgotten that Stichting Shell Pensioenfonds was a victim of the $65 billion Bernie Madoff Ponzi scheme.

By John Donovan
Shell probably hopes that we have all forgotten that Stichting Shell Pensioenfonds was a victim of the $65 billion Bernie Madoff Ponzi scheme. 
Their investment was through Fairfield Sentry, a now-defunct investment fund that placed its money with Bernie Madoff. 
Screen Shot 2014-12-05 at 17.50.11Extracts from a current news article:
The Dec. 11, 2008 discovery that Mr. Madoff’s New York-based brokerage firm was running a $65 billion Ponzi scheme put several VI-registered “feeder” funds into liquidation, including Fairfield Sentry, which had invested the overwhelming majority of its assets with Mr. Madoff.
The day after news of the fraud hit, Sentry investor Stichting Shell Pensioenfonds, the retirement fund of the international energy company Royal Dutch Shell, applied to the feeder fund to cash in its shares.
According to court documents, by the time Sentry had suspended redemptions on Dec. 22, 2008, Shell asked for and received an order from a Dutch court freezing the bank account in Ireland that contains the $72 million. That sparked a legal battle since fought in VI, Irish and Dutch courts.
The liquidator is trying to recover as much of Sentry investors’ losses as possible of an estimated $6 to $7 billion, liquidator Ken Krys said earlier this year. According to a Nov. 10 report published by the liquidator, Sentry has recovered more than $100 million in assets to date. The $72 million in the Irish bank account could soon be added to that total, according to a press release from the liquidator.
Extracts end
The liquidator may soon recover nearly $72 million to be redistributed to fraud victims.


The TRUTH will set you FREE.

CHURCH URGED SHELL AND BP TO FOCUS ON RENEWABLE ENERGY


How Church’s Leaning Toward Renewable Energy Will Affect BP and Shell
Screen Shot 2014-11-17 at 15.01.44
Screen Shot 2014-12-05 at 21.48.03
By: MICHEAL KAUFMAN
Published: Dec 5, 2014 at 10:29 am EST
Companies engaged in the oil businesses are increasingly in the limelight and under pressure to adopt techniques that will assure minimum carbon emissions into the environment. In a recent development, the Church of England (COE) has urged BP plc. (ADR) (NYSE:BP) and Royal Dutch Shell plc. (ADR) (NYSE:RDS.A) to cut carbon emission levels and invest more in renewable energy. The COE, along with church commissioners, that manage a $9.5 billion investment portfolio, and the Church of England’s pension board that manages a $2.34 billion fund, both plan to file shareholder resolutions on climatic change in the next four weeks.
The move was aimed to demonstrate the Church’s role in societal well-being. The Church has deep guidelines on which businesses to invest in, and which to avoid. The lead on the issue was taken by CCLA investment Management (The Church’s fund managers), which manages around $2.35 billion (1.5 billion pounds) in the CBF Church of England Funds.
Overall, the Church manages $9 billion in investment portfolios. It had expressed concerns over global warming’s impact on climatic change. According to latest research by the Intergovernmental Panel on Climatic Change (IPCC), the world is on a verge of a detrimental climatic change, and companies should lower their carbon exposure to avoid further damages. The Church particularly pointed towards BP and Shell, two of the largest oil companies in the world, which have the highest exposure to these carbon emissions of all the companies that are listed on the London Stock Exchange (LSE).
Edward Mason, the head of investment at the Church Commissioners, said: “If we are to avoid catastrophic climate change, the current business models of the energy majors are not sustainable in the long term.” He also indicated that oil companies have a higher responsibility, as their operations involve burning fossil fuels that contribute substantially to these climatic changes.
The COE has investments in both Shell and BP, which are two of the top-five investments in its $9 billion investment fund. The COE’s stake in Shell and BP are $156.25 million (100 million pounds) and $78.12 million (50 million pounds), respectively. Although the COE holds an overall stake of less than 1% each in both companies, it is highly optimistic that it will be able to draw support from over 100 shareholders. It believes that this issue holds great ethical significance, which would be the basis for it gaining support.
This intervention comes as a result of severe pressure on the Church to cancel its investments in the fossil fuel business; this is fueled by a meeting of the United Nations (UN) next week in Lima, Peru, which will comprise of ministers from over 200 countries. The meeting would discuss a draft text for the carbon reduction deal next year.
Mr. Mason also pointed out that these renewable forms of energy are the future of the oil industry, and if these companies want to sustain their profitability in the long-term, they would have to adapt to these alternate forms of energy. Considering the relatively smaller size of investments by the Church in the two oil giants, it would be difficult for it to convince the companies to adapt the newer model. The Church would require substantial support from other shareholders, which seems rather unlikely at the moment.

The TRUTH will set you FREE.

PRELUDE DESIGNED BY SHELL LAWYERS?


Key role of Shell lawyers in pioneering Shell Prelude FLNG

Screen Shot 2014-11-26 at 19.03.18
By John Donovan
PRELUDE DESIGNED BY SHELL LAWYERS? MORE IMPORTANT ROLE THAN ENGINEERS? 
What will Bill Campbell make of the boasts from Shell’s chief lawyer Donny Ching, about the pivotal role of Shell in-house lawyers in the world’s first floating liquefied natural gas (LNG) facility, Prelude FLNG?
Extracts from an article about Donny Ching published by The Law Society Gazette on 5 December 2014:
Ching also believes that external law firms would have been no substitute for in-house lawyers in the work they did to build the world’s first floating liquefied natural gas (LNG) facility, Prelude FLNG.
‘The real challenge was not that we were going to build one of these, it was to say “think about what business opportunity does this create?”.
‘Lawyers had to really draw extensively on what we know as lawyers and what the company knew in relation to all these aspects, as well as LNG sales, LNG plant and construction, shipping, construction, safety regulation, procurement, intellectual property and environmental law.
‘Trying to put all this together and not just build a contract to build one – but to build many and have a business model for it.’
He added: ‘This is something that had never existed before. It was not an easy task… I believe that no external law firm could have pulled this together for us.’
Extracts end
There was a similar collaboration between a bunch of Shell in-house lawyers in the merger of Shell Transport & Trading Co Ltd and Royal Dutch Petroleum into Royal Dutch Shell Plc in 2005.
The senior Shell lawyer in charge (now retired) boasted that the experience was like conducting an orchestra. Only problem was that someone neglected to register the top level internet domain name for the new company, Royal Dutch Shell Plc (royaldutchshellplc.com).
That cock-up led to nearly 10 years of humiliation, thus far, for Shell.
A screw-up of a similar magnitude among Shell internal lawyers collaborating on the Prelude FLNG project, could end in calamity for the company, the pubic, employees and the environment, not just an amusing long term embarrassment.
How can Shell have faith in the competence of its army of in-house lawyers that has come unstuck in every attempt to close down our Shell focussed internet activity that Shell first complained about in March 1995. The record does not inspire confidence.


The TRUTH will set you FREE.

BP could be about to be sold for just £5 per share

BP a sitting duck

Screen Shot 2014-10-28 at 12.29.57The rumours that surfaced earlier this week that Shell might be taking a closer look at BP are not that ridiculous and in the current climate of lower oil prices and falling profits they actually make perfect sense. The first reason is that BP looks like a sitting duck.

THE TELEGRAPH

Why Shell could buy BP for just £5 a share

One of Britain’s largest and oldest oil companies BP could be about to be sold for just £5 per share

By John Ficenec 05 Dec 2014

One of Britain’s oldest oil companies BP could be about to be sold to its biggest rival for a fiver per share.
The rumoured deal, if realised, would complete one of the most ignominious falls for the once great Persian Oil company that powered Britain’s Navy to victory during the First World War.
BP is now a sitting duck after the Gulf of Mexico disaster, Russian sanctions and the falling oil price combined to drive down the share price to £4.25. Analysts estimate the deal could be done if rival Shell offers a 16pc premium to that price, or about £5, to seal one of the biggest corporate takeovers in the history of the oil industry.
The rumours that surfaced earlier this week that Shell might be taking a closer look at BP are not that ridiculous and in the current climate of lower oil prices and falling profits they actually make perfect sense.
The first reason is that BP looks like a sitting duck. The oil major has been drifting ever since the Gulf of Mexico disaster trashed its share price and its reputation. Its share price, at 425p, is still 35pc below the 650p level just before the deep sea oil rig blowout. BP’s reputation in the US is still in tatters despite the company once again being allowed to bid on US exploration licenses from March this year.
BP also has problems at its Russian assets. BP relied on Rosneft for almost a fifth of its underlying profits in the first half of this year, so both dividends and profits are almost guaranteed to fall sharply next year as sanctions against Russia bite. There could be worse in store after the Russian government passed a resolution for the partial privatization of 19.5pc of Rosneft.
Furthermore, its position in the Russian oil sector seems do have demonstrably weakened under Bob Dudley, chief executive, who was hailed as a Russia expert.
The company has gone from being co-owner of a Russian oil company which would allow it greater control over assets to being merely a shareholder in a Russian state owned oil company. Sure, BP received $55bn from exiting the TNK-BP venture last year. However, the company’s position is now far weaker; by taking the cash plus a 20pc stake in Rosneft it went from being the co-owner of a company with the ability to withdraw regular cash flow, to a mere shareholder reliant on the success of Rosneft to receive dividend income. Although BP received its annual dividend from Rosneft, worth just under $700m, in July, Rosneft is now in the eye of the Russian sanction storm.
When you throw the falling price of oil into the mix BP shares look destined to be getting closer to 400p a long time before they get back up to 500p.
The next question is whether BP management would be open to an offer. Usually being subject to a takeover brings out a Churchillian defense in all management teams, but there are a reasons why this is not necessarily the case at BP. Bob Dudley, chief executive, has endured four bruising years at the top of BP after succeeding Tony Hayward who resigned in the wake of the Gulf of Mexico disaster. The management team could leave on a high having completed one of the biggest mergers in corporate history, and they would be well paid for agreeing the deal. The alternative is facing the shares falling below 400p next year and humiliating problems from the stake in Rosneft.
Would investors be open to an offer? BP is no longer the dividend machine it once was with annual payments of 39c (24.5p) still more than 30pc below the 56c (35.8p) paid out in 2009. Investors offered 500p or more would probably bite the hand off anyone offering that cash given the shares are currently drifting towards 400p. They would also be offered safer income by holding Shell shares in the future.
The trickier question to answer is why Shell would want to buy BP. BP is a company with many problems. But the first clue is around timing, with oil prices hovering above $70 per barrel, Numis analyst Sanjeev Bahl thinks it is time to buy: “We haven’t seen an opportunity like this since 2009.”
With BP’s specific problems dragging down the shares, opportunities such as this only come along once in a generation, and everything has a price. Shell merely has to balance the amount of money it can save from combining the two companies, with the potential future costs from Gulf of Mexico damages and lost earnings from Rosneft.
One thing that looks certain is that Shell could save billions from reducing the cost of borrowing for BP. Shell’s credit rating is about four or five notches higher than BP depending on which agency you look at. When that debt comes due, Shell could agree lower interest rates because it is considered less risky by the market. Small movements in interest rates matter when you have $22.4bn in net debt as BP did at the end of September.
Shell management would also be keen on the deal as they are running out of other ideas. The Arctic exploration programme literally hit the rocks after the Kulluk rig ran aground in 2012 and couldn’t be repaired. Shell decided to slash its spending on exploration in 2014 and it looks set to fall going into 2015 as well.
Another sign that management have nothing better to do with the cash is that they are increasing returns to investors. Share buyback schemes are now in place and the dividend is well supported, and while investors might like this in the short term they would prefer Shell was investing in the business at a decent rate of return rather than just paying out cash.
In a glimpse of how supportive investors might be if a deal was announced Shell shares jumped 1.6pc higher when the rumour about BP was doing the rounds.
Can Shell afford to buy BP? It looks like Shell is certainly close enough to make the deal doable. BP had 18.24bn shares in issue trading at 433.8p giving the company a market value of £79.1bn or ($125bn). The magic number for a deal would probably be around 500p, a 16pc premium to today’s price, valuing BP at £91.2bn ($146bn).
Shell reported $19bn in cash in its most recent results and had unused borrowing facilities of about $42.5bn at the end of 2013. Assuming it cancels the share buyback that would free up another $4bn a year in cash. The combined group would also be able to support more debt which could be paid down with the strong cash generation, so we could add another $20bn as an estimate. That leaves $60.5bn, or £37.8bn, which means asking Shell investors for a roughly one-in-four rights issue to create the largest UK oil company.
The timing for Shell is also important, the shares are still worth about £22 and it would be better to complete a deal now while Shell paper is close to record highs of £24 and before lower oil prices really bite next year.
In January, Shell issued a shock quarterly profit warning and weeks later posted a 33pc fall in annual pre-tax income from $50.5bn the year before to $33.6bn in 2013. In April, BP followed suit, reporting a similar drop in profits for 2013 and the first quarter of 2014.
Don’t underestimate other factors moving behind the scenes. This would be one of the biggest deals in UK corporate history, enriching the bankers and advisors working on both sides. In a climate where deals are becoming few and far between the City not only wants this deal, it needs it as well.
There would undoubtedly be regulatory hurdles of creating such a large UK-listed global oil major and it seems almost certain to attract the attention of competition authorities. But selling BP to Shell is preferable to it being sold to Qatar or another foreign sovereign wealth fund. The enlarged company would still only account for around 6pc of global oil production, and be less than half the size of US giant Exxon Mobil. Regulatory hurdles can be managed through selling off assets and working with governments to protect jobs.
It is rare that all the stars align with two corporates as big and with such history as BP and Shell, founded in 1908 and 1907 respectively, but it looks as though one of these groups is dangerously close to becoming just another chapter in the history of big oil.


The TRUTH will set you FREE.

SHELL CIRCUMVENTED RA 7641

SYNDICATED ESTAFA


MY QUEST FOR SWINDLED 

RETIREMENT PAY BY SHELL



SWINDLING ITO, SYNDICATED ESTAFA


HOT PURSUIT
DUTY OF LAW ENFORCEMENT ENTITIES


SHELL SWINDLING OF RETIREMENT PAY 5TH YEAR

1001counts
SEE BELOW FOR THE 1001ST   TIME THE REITERATION OF DEMAND PAYMENT OF RETIREMENT PAY WHICH SHELL REFUSED TO HONOR IN THE PRESENCE AND DEEMED APPROVAL OF THE HONORABLE MAGISTRATES OF THE SUPREME COURT OF THE PHILIPPINES


Dishonest scales are an abomination to the Lord, but a just weight is His delight... Proverbs Chapter 11  v. 1
Retirement Pay Law circumvented by Shell subject to penal provision provided for by Article 288 of the Labor Code of the Philippines.





CONTENTS

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