Royal Dutch Shell corporate monster: meet bahai JYOTI MUNSIFF

[NUR]

http://www.sourcewatch.org/index.php?title=Jyoti_Munsiff

Jyoti Munsiff is a former "General Counsel-Corporate with Shell
International Limited and Legal Adviser and Company Secretary of the
Shell Transport and Trading Company plc."[1] She is a "Director of and
Honorary Counsel to HRH The Prince of Wales Business Leaders' Forum
and Governor of the College of Law. Jyoti Munsiff is a trustee of the
Imperial War Museum Development Trust and Chairman of the IWM Trading
Company." [2]

In June 2005, Ms Munsiff "was named "Businesswoman of the Year" at the
Asian Women of Achievement Awards ceremony, held here on 26 May 2005,
attended by Prince Charles, the Prince of Wales, and his wife,
Camilla, the Duchess of Cornwall."[3] According to an article
published in the Baha'i World News (see Baha'i Faith), "An award-
winning businesswoman is attributing her success partly to a Baha'i
principle taught to her as a child."[4]

"The Baha'i teachings have been the foundation stone of how I have
conducted myself in a working environment," Ms. Munsiff said." Born in
Mumbai to Indian parents, Ms. Munsiff is corporate general counsel and
the company secretary of Shell Transport. She is one of the most
senior women in Shell world-wide. Ms. Munsiff joined the legal
department of petroleum giant Shell in 1969 and became a project
lawyer in most Shell businesses. She then led groups of lawyers that
provided advice to Shell's businesses globally."[5].

"Presenting her with the award, Member of Parliament Theresa May said
that Ms. Munsiff had "marked herself out in a male dominated arena,
which says a lot about her strength of character and charisma."[6]
"Ms. Munsiff joined the legal department of petroleum giant Shell in
1969 and became a project lawyer in most Shell businesses. She then
led groups of lawyers that provided advice to Shell's businesses
globally[7] Ms Munsiff was "lead lawyer at Burmah-Shell was it was
nationalised in the mid-1970s"[8], prior to becoming Secretary to the
CMD (Chairman and Managing Director) in 1985 [9].

In 1993, Ms Munsiff was appointed Shell Transport Company
Secretary[10], and in 2004, she "was appointed by Shell to a new
position of Chief Ethics and Compliance Officer, during which time she
implemented a global ethics and compliance programme for over 100,000
employees."[11].

In 2000, Ms Munsiff was appointed to the Uk Government's Sustainable
Development Education Panel, alongside Shell's Chairman Mark Moody
Stuart, who was appointed as chair of the renewable energy task force.
[12]

Ms Munsiff currently works as independent legal services
professional[13]
Contents
[hide]

1 Reported support for changes to laws regarding shareholder
privileges
2 Reported email correspondence and dealings with Shell
whistleblowers
3 Board Membership
4 Resources and articles
4.1 Related Sourcewatch
4.2 References

Reported support for changes to laws regarding shareholder privileges

In 1996, Corporate Watch Magazine reported that according to an
article published[14] in that same year by Financial Times journalist,
William Lewis, the then company secretary , Ms Munsiff, expressed her
support fir laws affecting the rights of shareholders to be changed so
that "individuals may only attend a company's AGM if they have been
shareholders for a specified minimum period, ie 12 months. "I also
believe that the investment should be of an amount which evidences
serious interest in the company,".[15]

"Companies are currently able to alter their own rules, with the
permission of the shareholders, to clamp down on activists at annual
meetings, but Ms. Munsiff feels that "it needs to be treated as a
wider issue of law. I am very much more in favour of the law being
ammended in some way to eradicate what is a serious problem."[16]

Reported email correspondence and dealings with Shell whistleblowers

In 2004, a website named Royaldutchshellplc.com was established by
Alfred Donovan and his son, as a forum for whistleblowers, and
information leaks related to the company. As the Telegraph reported,
"Shell unsuccessfully tried to claim ownership of the name
Royaldutchshellplc.com. The website belongs to Alfred Donovan, now in
his 90s, and his son John. The Donovans owned a chain of petrol
stations in east London and Essex and created sales promotions
campaigns for Shell. But they fell out with the company and aired
their grievances online. Their site became a hub for activists and
disgruntled former employees. It has been used to mobilise support for
environmental campaigns by the likes of WWF, the environmental
lobbying group, against drilling in the Arctic and Russia, for groups
worried about Shell's social impact in Ireland and Nigeria, and by the
company's former group auditor Bill Campbell to raise issues about
employee safety.

In 2006, the site published material related to various alleged
dealings between Ms Munsiff and Shell whistleblowers.[17]

In February 2006,
Email to Jyoti Munsiff from a Shell Whistleblower
Feb 2nd, 2006
by admin.

Email from Dr John Huong to Jyoti Munsiff
Jyoti Munsiff SCO
Chief Ethics and Compliance Officer
Royal Dutch Shell plc
Shell Centre, London SE1 7NA
Tel: +44 020 7934 3080 Fax: +44 20 7934 5140 Mobile: +44 7768 993
600
Email: jyoti....@shell.com
Jyoti Munsiff,
Congratulations on your appointment as Chief Ethics and Compliance
Officer for Royal Dutch Shell Plc.
As you know I am being sued by eight companies of the Royal Dutch
Shell Group for alleged defamation. The relevant Shell companies have
obtained a restraining order which prevents me for speaking the TRUTH
in line with the United Nations Universal Declaration on Human Rights.
My rights to freedom of expression have in fact been restrained for
over 18 months. I had thought that Shell supported this UN
Declaration, but it seems that this assumption must be incorrect. I
would welcome your clarification on this point as I am sure that my
analysis must be at fault?
I am also perplexed by the fact that Shell apparently allows Mr.
Alfred Donovan to publish negative commentary about Shell on his
website unhindered while I have been sued for articles posted by him
on his website under my name? Mr. Donovan has also published an
extract from a legal submission purportedly made by Shell
International to the World Intellectual Property Organisation in which
Shell stated that it supports the right of Mr. Alfred Donovan to
criticise Shell on his website. I have also read the November 2005
email to Alfred Donovan from Shell International General Counsel Mr.
Richard Wiseman in which Mr Wiseman confirms how tolerant Shell is of
Mr. Donovan’s postings on his website. I trust that you can
appreciate why I am so puzzled at the apparent disparity in treatment.
I am sure there must be a logical explanation?
It therefore seems appropriate to ask you in your new capacity
whether the relevant postings by Mr. Donovan i.e. the claimed extract
from Shell's submission to the WIPO and the November 2005 email from
Mr. Wiseman are genuine? Surely they must be false??? Why would Shell
encourage Mr. Donovan to indulge in his rights to freedom of
expression while simultaneously adopting a totally different approach
towards me? Something really must be seriously amiss. The answers to
my questions are important if – as I assume must be the case – you
genuinely want to encourage whistleblowers to speak out if they become
aware of misdeeds which are in contravention of the Shell Statement of
General Business Principles (SGBP).
It is surely essential in this regard that an even-handed approach
is adopted in such matters so that would be whistleblowers and parties
with genuine grievances are not deterred by the prospect that they
could be ostracized, victimized, sacked and/or sued if they do come
forward. In regards to this paragraph I am speaking of course in
general terms, not about my case, as that would be inappropriate under
the current ongoing litigation.
This letter also seeks confirmation from you for me to make
significant inputs for improving ethics and compliance at Shell. I
sincerely believe that for obvious reasons I have a unique perspective
on the question of Shell employees engaging professionally in whistle
blowing when faced with ethical, moral and/or legal dilemmas.

I also believe that it is fair to make readers of this
communication aware that apart from the High Court Restraining Order,
I am also constrained in my comments by a threat of imprisonment.
I am sure that the eight Royal Dutch Shell companies who
collectively decided to sue me believe that their action is an
appropriate and proportionate response to the alleged defamatory
comments by one former Malaysian employee of 29 years.

Thank you
Sincerely,
Dr. John Huong
Note: This letter will also be copied to Mr. Alfred Donovan
because his name was also mentioned.


FROM A SHELL INSIDER

Dear Alfred

The message below was found on the Shell Web today. I have been
with Shell for quite some years, but this beats everything. They are
now mixing up the General Business Principles and Ethics (which are
from the good old days and perfectly adequate today) with Legal
Compliance.

In the past it was very simple: you behave decently and all was
well. It was obvious to all one had to remain within the law. I
understand that the enormous mountain of regulations and controls
rolled out by the various Authorities needs sharpening up some
internal processes so one does not forget to submit some document.
Otherwise the shysters will get you on a technicality.

But here something else is happening: the management has
transformed the organisation over the last 10 years or so. Herkstroter
started it, Moody-Stuart lost the grip on the transformation and the
evil Watts got rich and destroyed the name of Shell and probably the
company itself as well.

It was done very effectively by rewarding promise rather than
performance. Remember the expression of ‘Overpromise and
Underdelivery’? And so he left a basically spineless (but very clever)
management behind that is trying to pick up the pieces. All the while
ensuring not loosing out on the financial rewards themselves. And then
you get nonsense like this. Or is it in preparation of upcoming
lawsuits in the USA where they can say ‘but we took all necessary
steps’ etc etc?

I know of no whistle blower in history that was rewarded for his
or her brave actions. Yes, there always is applause from the
politicians, the people who felt wronged by whatever system the
whistle was blown on, the junior staff who did not know how to bring
the issues to the table of the top and of course the Press who always
is in for a scandal. But just look at all the whistleblowers a year or
so after their act? I know of none that has been rewarded. On the
contrary, they all have personally lost out! The name of Dr Huong
springs to mind.

And in a company like Shell you have a lot of very clever people.
They know what will happen so they lay low and put up with it. Shell
Nigeria (where more defalcations where happening than in the rest of
the whole Shell group combined) also set up a formal whistle blowers
line many years ago. I do not think it led to anything. It might have
caught some small fry but the real bad stuff simply was untouched.

So, I will not be using the Shell line, your site is better
because there anonymity is guaranteed. I hope more Shell employees
will take up this possibility!

PS. I thought you might also be interested in the person appointed
as our Chief Ethics and Compliance Officer as I noticed on your
website that you have had some personal dealings with Jyoti Munsiff at
some point? From what I read her appointment seems analogous to
putting a fox in charge of a hen house.[18]

LEAKED SHELL INTERNAL COMMUNICATION DATED 31 JANUARY 2006

Compliance message for all staff

31-Jan-2006

We all enter 2006 keen to do everything possible to ensure that
the Shell name is not damaged by anything that we might do. Our
Group’s reputation is based on our individual commitment to the core
values of honesty, integrity and respect for people. It is these core
values which underpin the Shell General Business Principles.


--------------------------------------------------------------------------------

We all enter 2006 keen to do everything possible to ensure that
the Shell name is not damaged by anything that we might do. Our
Group’s reputation is based on our individual commitment to the core
values of honesty, integrity and respect for people. It is these core
values which underpin the Shell General Business Principles.

To continue to be regarded as a great group of companies, we must
ensure compliance not only with the laws of the countries in which we
operate but also with the ethical standards expected of a leading
global organisation. Compliance with the law is the foundation of our
‘license to operate’ and this has to be achieved in accordance with
both the spirit and the letter of our General Business Principles.

In seeking to establish a global Shell Compliance Programme, I
would like to share with you some achievements and our plans for 2006.

From the 30th December 2005, we have established a global
compliance help-line hosted by a third party: available 24 hours a
day, 365 days a year and with access to interpreters for over 150
languages. This will enable employees and third parties with whom we
work to raise ethics and compliance concerns and report incidents of
non-compliance in confidence and without fear of reprisal. Roll-out to
individual countries will be phased over the first few months of 2006
following local consultation and advice. In the meantime, you can find
details on how to access the global helpline via “Report your
Concerns” on the Ethics and Compliance website - see the link below.

While we all know that our General Business Principles provide the
foundation for our activities, we are intending to develop and roll-
out a global Code of Conduct. This will assist each of us by
translating the General Business Principles into a topic-based code
which can be easily incorporated into our daily working lives and help
to resolve some of the dilemmas which we might face.

During 2005 all senior management from Letter Category up to and
including the Executive Committee completed mandatory training on
legislation imposing compliance obligations on companies and a web-
based training module on the OECD Guidelines on Bribery and
Corruption.

To further assist each employee to appreciate key legislation,
which affects us all, and to understand and implement the standards of
behaviour expected of us, a global training programme will be launched
in 2006. Over a period of time, all Shell employees will be able to
benefit from completing a series of tailored training modules.

To help you understand the compliance framework within Shell and
how specifically defined compliance roles will operate and interact
with each other, together with their reporting responsibilities,
please access the Ethics and Compliance website at
http://sww.shell.com/ethicsandcompliance/ and click on Shell
Compliance Programme and Contacts.

I am pleased to announce that Business Compliance Officers have
been appointed for each of our Businesses, ready to start work during
the next couple of months. They are Carlos Desmet for EP, Roy Kretzen
for Downstream, Jan Pars for GP, and ChiChi Nwosu for Renewables &
Hydrogen. They have an important job to do in developing and
maintaining a focused compliance programme for their Businesses, in
which they will receive wholehearted support from their management.
They are available to each of you in the event that you wish to
discuss a matter which falls within the Compliance and Ethics area.

With these developments, I feel confident that we go into 2006
well placed to establish an effective global Compliance Programme for
Shell companies. In these days, legal and ethical compliance is not
optional. Moreover, it is not a spectator sport - everybody who
receives this message has his or her part to play. Great companies are
built on trust and integrity and this requires constant vigilance and
an environment where we are supportive of each other yet intolerant of
those who undermine our combined efforts to protect the Shell
reputation.

We will be making more announcements about the compliance training
programme and global helpline over the next few weeks. Please look out
for our e-mails and keep checking the Ethics and Compliance website
for more information.

On behalf of the Global Ethics and Compliance Office may I wish
you all the best in your endeavours during 2006 on behalf of this
great group of companies.

Jyoti Munsiff SCO
Chief Ethics and Compliance Officer
Royal Dutch Shell plc
Shell Centre, London SE1 7NA
Tel: +44 020 7934 3080 Fax: +44 20 7934 5140 Mobile: +44 7768 993
600

Email: jyoti....@shell.com

Website: http://sww.shell.com/ethicsandcompliance

Company Number: 4366849

SHELL NOTICE ENDS

(The website address shown is not accessible by the public)[19]

Board Membership

Advisory Trustee, International Business Leaders Forum [20]
Honorary Counsel-IBLF International Business Leaders Forum[21]
Member- European Baha'i Business Forum[22]
President-Shell Pensioner Association (SPA)[23]
President-Commonwealth Association for Corporate Governance[24].
Governor-College of Law[25].


Resources and articles

Related Sourcewatch

Shell
International Business Leaders Forum
European Baha'i Business Forum
Baha'i Faith

References

↑ Jyoti Munsiff, 10 Downing St, accessed October 7, 2007.
↑ Jyoti Munsiff, 10 Downing St, accessed October 7, 2007.
↑ "Equality principle inspires winner"-Baha'i World News Service,
June 19, 2005. Accessed January 8, 2012.
↑ "Equality principle inspires winner"-Baha'i World News Service,
June 19, 2005. Accessed January 8, 2012.
↑ EBBF Profile,accessed January, 2012
↑ "Equality principle inspires winner"-Baha'i World News Service,
June 19, 2005. Accessed January 8, 2012.
↑ EBBF Profile,accessed January, 2012.
↑ EBBF Profile, accessed January, 2012.
↑ EBBF Profile, accessed January, 2012.
↑ New appointments to sustainable development panel EDIE, accessed
January 8, 2012.
↑ EBBF Profile, accessed January, 2012.
↑ "Big Business and Government: Tony Blair’s well oiled machine",
Paul Foot, News Review, Socialist Review, No.245, October 2000, p.5.
↑ Employment Profile, accessed January 8, 2012.
↑ "Shell seeks to curb AGM hijackers", The Financial Times, June
8, 1996, pg 9.
↑ Shareholder Democracy, Shareholder Action..., Corporate Watch
Magazine Issue 1 - Winter 1996, accessed January 8, 2012.
↑ Shareholder Democracy, Shareholder Action..., Corporate Watch
Magazine Issue 1 - Winter 1996, accessed January 8, 2012.
↑ Email from a Shell Whistleblower, Royaldutchshellplc.com,
accessed January 8, 2012.
↑ "Jyoti Munsiff: Shell's Chief Ethics and Compliance Officer:
analogous to putting a fox in charge of a hen house.", Royal Dutch
Shell-whistleblower website, accessed January 8, 2012.
↑ Shell News, Alfred Donovan, February 2, 2006. Accessed January
8, 2012.
↑ Board of Trustees, International Business Leaders Forum,
accessed October 7, 2007.
↑ GOVERNANCE AND LEADERSHIP-IBLF Board, accessed January 8, 2012.
↑ EBBF Profile, accessed January 8, 2012.
↑ SPA Homepage-Who We Are, accessed January 8, 2012.
↑ European Baha'i Business Forum Profile, accessed January 8, 2012
↑ European Baha'i Business Forum Profile, accessed January 8, 2012