Notice of Exempt Solicitation. Definitive Material. (px14a6g)
05 Maggio 2023 - 7:29PM
Edgar (US Regulatory)
United States Securities and
Exchange Commission
Washington, D.C. 20549
NOTICE OF EXEMPT SOLICITATION
Pursuant to Rule 14a-103
Name of the Registrant: ExxonMobil
Corporation
Name of persons relying on
exemption: Mercy Investment Services, Inc.
Address of persons relying
on exemption:
2039 North Geyer Road, Saint
Louis, MO 63131
Written materials are submitted
pursuant to Rule 14a-6(g) (1) promulgated under the Securities Exchange Act of 1934. Submission is not required of this filer under the
terms of the Rule, but is made voluntarily in the interest of public disclosure and consideration of these important issues.
ExxonMobil Corporation
Vote FOR: Proxy Ballot
Item #10
Report on Worst-case Spill
for Exxon’s Guyana Offshore Drilling Operations
Annual Meeting: May 31,
2023
CONTACT: Mary Minette,
Mercy Investment Services | mminette@Mercyinvestments.org
Court Ruling in Guyana
Specifies Unlimited Liability for Exxon in An Oil Spill
Demonstrates Need for Ballot
Item #10
We write
to fellow ExxonMobil shareholders to inform you of a recent development concerning Ballot Item Number 10, the shareholder proposal requesting
a report on the costs and impacts of a worst-case oil spill from the Company’s Guyana offshore oil drilling operations.
On May 3,
2023, the ExxonMobil subsidiary operating in Guyana, Esso Exploration and Production Guyana Limited, received an Enforcement Notice from
the Supreme Court of Guyana as a result of a lawsuit filed by civil society organizations in Guyana.
The judgment came from the
Honorable Justice Sandil Kissoon of the Supreme Court of Judicature of Guyana in Collins v. EPA. Justice Kissoon determined that ExxonMobil
has failed to comply with the Financial Assurance obligation stipulated in its environmental permit, and
that within the next 30 days, ExxonMobil as the parent company of the Guyana subsidiary must provide unlimited insurance coverage
to safeguard Guyana against the “grave potential danger and consequences to the State and citizens” of an oil spill occurring
in the absence of such financial assurances. Failure to comply with the court order would result in the suspension of the Company’s
environmental permit.
The
court also asserted manipulation by the company, and “found on evidence before it that ESSO Exploration and Production Guyana
Limited [the ExxonMobil subsidiary] was engaged in a disingenuous attempt which was calculated to deceive when it sought to dilute its
liabilities and settled obligations stipulated and expressed in clear unambiguous terms” of the environmental permit.
The decision
affirms that the parent Company’s obligations under the environmental permit require it to assume unlimited liability for all
costs of “clean up, restoration and compensation for any damages caused by a discharge or any contaminant.” The Court noted
the existing guarantee to the extent of $2 billion “does not fulfill the obligation” of the permit or even what is “considered
environmental liability insurance as is customary in the international petroleum industry.”
The Supreme
Court of Guyana also criticized the lack of enforcement of these terms by Guyana’s EPA that placed Guyana “and its people
in grave potential danger of calamitous disaster.”
For
the Company to provide an unlimited Parent Company Guarantee Agreement to Guyana clarifies the scope of material liabilities that could
fall upon ExxonMobil from these operations. For comparison, estimates suggest the BP Macondo oil spill has cost BP and its drilling
partners at least $71 billion to mitigate the disaster’s effects.1
Even this figure may continue to increase over time, as the company’s settlement with individuals who filed medical claims immediately
after the accident could cost BP well into the future, with more recent lawsuits filed by hundreds of individuals with late-occurring
health effects still pending.2
1
https://www.nola.com/news/business/bp-and-its-partners-have-spent-71-billion-over-10-years-on-deepwater-horizon-disaster/article_ca773cc0-80f4-11ea-8fbe-ffa77e5297bd.html#:~:text=BP%20and%20its%20partners%20have,%7C%20Business%20News%20%7C%20nola.com
2
https://www.nola.com/news/business/bp-and-its-partners-have-spent-71-billion-over-10-years-on-deepwater-horizon-disaster/article_ca773cc0-80f4-11ea-8fbe-ffa77e5297bd.html#:~:text=BP%20and%20its%20partners%20have,%7C%20Business%20News%20%7C%20nola.com;
See also, https://www.fox10tv.com/2022/07/08/12-years-later-bp-still-fighting-hundreds-lawsuits-over-deepwater-horizon-spill/
Ballot Item
Number 10 seeks disclosures that would allow investors to better evaluate the scope of potential liability associated with a worst-case
spill.
Asset managers and other
fiduciaries that seek to exercise due diligence in managing portfolio risks would be well advised to vote in favor of this proposal, bringing
into clearer transparency the potential costs and risks associated with a worst-case spill scenario in Guyana.
Therefore, we urge investors
to vote “FOR” on Ballot Item Number 10 on the Company’s proxy statement.
THE FOREGOING INFORMATION MAY BE DISSEMINATED
TO SHAREHOLDERS VIA TELEPHONE, U.S. MAIL, E-MAIL, CERTAIN WEBSITES AND CERTAIN SOCIAL MEDIA VENUES, AND SHOULD NOT BE CONSTRUED AS INVESTMENT
ADVICE OR AS A SOLICITATION OF AUTHORITY TO VOTE YOUR PROXY. PROXY CARDS WILL NOT BE ACCEPTED BY MERCY INVESTMENT SERVICES. TO VOTE YOUR
PROXY, PLEASE FOLLOW THE INSTRUCTIONS ON THE COMPANY’S PROXY CARD.
3
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