KPC Civil Suit

Rio Tinto PLC 27 November 2001 KPC Civil Suit The District Court of South Jakarta today summoned a number of the named defendants in the civil suit filed by the East Kalimantan Regional Government on 17 July 2001 regarding KPC's obligation to offer shares for sale to Indonesian parties. The claim has been made against KPC, its shareholders, some of its directors and its legal advisers. The East Kalimantan Regional Government is seeking damages of US$776 million. This comprises $144m in respect of a share of KPC's past profits, $628m in respect of a share of future profits to be earned over the next 10 years and legal and travel costs of US$4 million. The East Kalimantan Regional Government has also requested seizure of KPC's and the other defendants' assets. KPC firmly believes that the claims are baseless and intends to defend them vigorously to the full extent of the law. The firm of Lubis, Santosa and Maulana has been retained to act on behalf of KPC and its shareholders, and the directors named in this case. The following points are relevant to this matter: * KPC's operations in Indonesia are carried out under a contract between KPC and the Government of Indonesia, as represented by the Minister of Energy and Mineral Resources. The contract is known as the Coal Agreement. As a party to the Coal Agreement, the Central Government is fully aware of all aspects of the divestment process. * The East Kalimantan Government has no legal standing to bring this action because they are not a party to the Coal Agreement. * The District Court of South Jakarta does not have jurisdiction over this case. In accordance with Indonesian law, any dispute between parties in an agreement must be resolved through arbitration if the agreement contains such a clause, which is the case with the Coal Agreement between the Indonesian government and KPC. * KPC has always acted in good faith in the matter of divestment and has complied with the terms of the Coal Agreement. KPC has already made three divestment offers to a number of Indonesian parties from 1998 through 2000. * In May this year, KPC agreed to offer 51% of its shares for sale in 2001, instead of 44% as had been previously agreed with the Government. The Ministry of Energy and Mineral Resources and KPC are currently in the process of determining the price for the 2001 offer. * Minister Purnomo has advised recently that he has approached President Megawati and the Ministry of Finance for the necessary approvals to proceed with the appointment of an independent valuer to represent the Indonesian Government in this matter. This is a positive step forward toward finalising the KPC share price for the 2001 divestment offer and is consistent with the provisions of the Coal Agreement. KPC remains committed to fulfilling all of its obligations under the Coal Agreement and will continue to pursue the divestment process in an open and transparent manner in full accordance with the process laid out in the Coal Agreement. For further information, please contact: LONDON AUSTRALIA Media Relations Media Relations Lisa Cullimore Ian Head + 44 (0) 7730 418 385 +61 (0) 3 9283 3620 Investor Relations Investor Relations Jonathan Murrin Dave Skinner + 44 (0) 20 7753 2326 +61 (0) 3 9283 3628 Daphne Morros +61 (0) 3 9283 3639 Website: www.riotinto.com Attachments: Chronology of Events KPC Share Offers Chronology of Key Events 15 November KPC seeks deferral of initial share offering due to restructuring 1995 of the Governments coal interests and publicly announced intentions to amend the Coal Agreement provisions. January 1996 Series of deferrals granted in writing by the Director General of - March 1998 General Mining of the Department of Mining and Energy. 16 June 1998 1998 Offer made to Timah, PTBA and PT Aneka Tambang for 23%. 22 February 1998 offer is closed. No parties having taken up the offer. 1999 8 November Offer price agreed for 1999. 1999 19 November 30% of KPC shares offered to a number of Indonesian parties. 1999 19 August Offer for 1999 is closed. No parties having taken up the offer. 2000 26 October Price for 2000 offer agreed at meeting with Director General. 2000 15 December KPC sends offer to Government for 2000. 2000 15 March 2000 offer is closed. No parties having taken up the offer. 2001 15 March KPC advises Director General of valuation $889m (100% basis) for 2001 2001 divestment offer. Value of 51% assessed at $453 million. 16 July 2001 Meeting between Director General and KPC. No agreement reached on price. 9 August KPC brings Salomon Smith Barney team to brief Minister of Energy 2001 and Mineral Resources on outstanding valuation matters. 13-16 August Director General departmental team visits KPC operations at 2001 Sangatta for 3 days to review sales contracts and validate price forecasts. 23 October KPC formally rejects government's latest suggested price of $320 2001 million for 51%.

Companies

Rio Tinto (RIO)
UK 100

Latest directors dealings