6 February 2015
Brussels

To the attention of James Fazzino
Managing Director and Chief Executive Officer
Incitec Pivot Ltd


Request for comments -
Pending report on Incitec Pivot Ltd’s phosphate imports from occupied Western Sahara


Dear Mr Fazzino,

Western Sahara Resource Watch is privileged to write to you. This letter is about Incitec Pivot Ltd’s phosphate imports from occupied Western Sahara in 2014.

Our research demonstrates that your company received three shipments of phosphate from the Bou Craa mine in Western Sahara. We have determined those shipments totaled about 98,000 tonnes, making the company a sizeable importer of phosphate rock from occupied Western Sahara for the calendar year 2014.

In the coming weeks, WSRW will publish a follow-up report to its “P for Plunder” report of 2014. The revised edition of the report will offer information about the importing companies, and about the estimated volume and market value of the imports. Given the estimated size of IPL’s imports, the company will surely be featured in that report.

We would be grateful if, before this February 13, IPL. can clarify the following matters:

1. Is it correct that IPL received three shipments of phosphate from occupied Western Sahara during 2014, amounting to approximately 98,000 tonnes?
2. What steps, if any, has IPL taken to assure itself of the continuing consent of the Saharawi people to such purchases, consistent their right to self-determination, the 2002 UN Legal Opinion (S/2002/161) and international humanitarian law?

We maintain that it is not in IPL’s interest to be associated with colonialism, an illegal occupation, grave human rights violations and impermissible resource exploitation in Western Sahara. By refraining from importing until the status of the territory has been settled, your company will help to create the circumstances that will allow the people of Western Sahara to freely and fairly determine their political future, as is their right under international law. Others, of course, have done this, and numerous investors continue to give up or refrain from acquiring share interests in the few remaining companies involved in the trade.

Please let us know if our questions above are not clear, or if you require additional information to respond to them. WSRW looks forward to hearing from you.

Yours sincerely,

Sara Eyckmans
International Coordinator
Western Sahara Resource Watch