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Response by Siemens

Author: Siemens, Published on: 13 February 2020

General

Siemens has extensively reviewed the order for the Adani project in Australia and carefully weighed up the interests of the various stakeholders.

- The fact is that, in the case of willful default, no limitations of liability would apply, thus resulting in the threat of unlimited liability for damages. For this reason, there’s practically no legally and economically responsible way for the Managing Board to unwind the agreement without neglecting fiduciary duties.

- It's also clear that the Carmichael mine has received all necessary approvals from the Australian authorities, fulfils strict environmental obligations, and is backed by Australia’s major political parties. Siemens, as a company, can’t simply ignore this fact.

- However, Siemens has secured the right to unilaterally withdraw from the agreement if the customer violates very stringent environmental obligations.

- Siemens will establish a Sustainability Committee with external members to give social and environmental concerns even more priority and attention in the future.

- Our declaration of intent to support the Paris Climate Agreement and to drive decarbonization with our innovative technologies and solutions across all relevant sectors applies without limitation.

Statement on the indigenous people:

The region’s indigenous inhabitants voted 294-1 in favor of the Indigenous Land Use Agreement with Adani (ILAWA). At the meeting scheduled to vote on the Indigenous Land Use Agreement (ILUA) between Adani and the indigenous Wangan and Jagalingou (W&J) groups, attendees voted 294-1 in favor of authorizing the ILUA. A very small, albeit vocal group of W&J people, who didn’t attend the meeting, have repeatedly challenged this outcome in the Australian courts with the aim of overturning, repealing or invalidating it. All motions and appeals have been rejected by the courts. The courts have unanimously found that Adani duly obtained and received the approval of the W&J people regarding its project on the indigenous peoples’ ancestral land.

The W&J people are not the only indigenous group with a legal right to the land on which the project is located. Adani is also involved in five other project-related ILUAs with indigenous partners who are members of the Jangga, Birriah and Juru indigenous groups. None of these ILUAs have been challenged in court.

This is a response from the following companies: Siemens