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Renault, Nissan limit French government interference

Mon, Dec 14 2015

Renault and Nissan are taking action to limit the influence that one can exercise over the other's operations. The measures, announced by both automakers after meetings of their respective boards in Paris and Tokyo, aim to keep each other at arm's length. But more than that, they seek to cap the degree of influence which the French government can bring to bear on either automaker. The steps are being taken in response to investment moves by the French state. While the government's investment arm – known as the Agence des Participations de l'Etat (or state participation agency) – previously controlled 15 percent of Renault's shares, it increased its holdings this April to 19.73 percent. The action sparked concerns at Renault that the French government would attempt to dictate operating procedures to both automakers, potentially to favor production in France over other locations. Given that Renault holds a 43-percent stake in Nissan, the Japanese automaker grew concerned over potential French state interference as well. To assuage those concerns, Renault, Nissan, and the French government came to an agreement with three vital clauses. Most importantly, despite its nearly 20-percent holdings, the French government will be granted only 17.9 percent of voting rights in Renault (to be extended up to 20 percent under certain exceptional circumstances). Renault (and by extension the French government) will also be prevented from interfering in Nissan's governance. With those measures in place, Nissan will not seek more voting rights based on the 15-percent stake which it, in turn, holds in Renault. Having successfully concluded the deal and hedged against the threat of government interference, the Renault board reasserted its confidence in Carlos Ghosn. Through the unique terms of their alliance, Ghosn serves as chairman and CEO of both Renault and Nissan. The two cooperate closely and share resources extending far beyond their chief executive, but remain distinct companies rather than merge, as Fiat and Chrysler have. Renault Board approves alliance stability covenant between Renault and Nissan As early as 16th April 2015, the Renault Board of Directors unanimously reiterated that the sustainability, success and resilience of the Alliance since its very inception in 1999 were based on a balance of shares held by Renault and Nissan.

Carlos Ghosn 'very comfortable' after questioning by Lebanese prosecutor

Fri, Jan 10 2020

BEIRUT/TOKYO — Carlos Ghosn's lawyer said he was "very comfortable" with legal proceedings in Lebanon on Thursday, after the fugitive ex-Nissan boss was questioned over an extradition request from Japan where he faces criminal charges. Ghosn fled Japan to Lebanon, his childhood home, last month as he awaited trial on charges of under-reporting earnings, breach of trust and misappropriation of company funds, all of which he denies. His dramatic escape has raised tension between Tokyo and Beirut at a time when Lebanon is seeking an international bailout to help it tackle a deep financial crisis. Ghosn slammed the Japanese justice system at a two-hour news conference on Wednesday, prompting Japan's justice minister to launch a rare and forceful public response. After questioning in Beirut about Japan's Interpol wanted notice, two judicial sources said the prosecutor had imposed a travel ban, a step Carlos Abou Jaoude, a Beirut-based lawyer for Ghosn, described as procedural to broadcaster Al Jadeed. Lebanon has no extradition agreement with Japan. "He (Ghosn) is very comfortable with the path," Jaoude told another broadcaster, MTV, adding that Ghosn was also comfortable in himself "especially after what he went through."   Related: CES 2020 and Carlos Ghosn | Autoblog Podcast #609 Ghosn: Nissan-Renault strife and his arrest can be traced back to Macron The rise, fall and flight of Carlos Ghosn   One of the judicial sources said authorities had asked Japan for its file on Ghosn, including the charges against him, and would not question him again until the information is received. Ghosn would surrender his French passport on Thursday, he said. Ghosn said later he was more comfortable with the Lebanese judiciary than that of Japan. "I will fully cooperate," he told broadcaster LBCI. Japan's Justice Minister Masako Mori said Ghosn's allegations that he had had "zero chance" of a fair trial in Japan were unfounded. "Defendant Ghosn was looking to justify his unlawful exit from Japan by propagating a false recognition of our justice system," she said at the second of two news conferences, the first of which was held shortly after midnight. "I felt that we needed to respond immediately to broadcast a correct understanding to people around the world." Ghosn told LBCI her comments were "ridiculous." "Today my concern is clearing my name and reputation because all the accusations against me are fabricated," he told Al Jadeed. Trial in Lebanon?

Men accused of helping Ghosn escape can be extradited to Japan, federal judge says

Fri, Jan 29 2021

This Dec. 30, 2019, security camera image shows Michael L. Taylor, center, at passport control at Istanbul Airport in Turkey, where Carlos Ghosn was smuggled through to Lebanon.   BOSTON — A federal judge in Boston on Thursday rejected a last-ditch effort by two men to avoid being extradited to Japan to face charges they helped former Nissan Motor Co Ltd Chairman Carlos Ghosn flee the country. The ruling by U.S. District Judge Indira Talwani cleared the way for U.S. Army Special Forces veteran Michael Taylor and his son, Peter Taylor, to be handed over to Japan, after the U.S. State Department approved their extradition. Judge Talwani said that "although the prison conditions in Japan may be deplorable," it was not enough to bar extradition. She added the U.S. has "sufficiently established that the actions the Taylors are alleged to have committed amount to an extraditable offense." Nissan and the Japanese embassy in Washington did not immediately comment. The Taylors were arrested in May at Japan's request. Talwani put their extradition on hold on Oct. 29 so she could hear their challenge to the State Department's decision. Prosecutors say the Taylors helped Ghosn flee Japan on Dec. 29, 2019, hidden in a box and on a private jet before reaching his childhood home, Lebanon, which has no extradition treaty with Japan. Ghosn was awaiting trial on charges that he engaged in financial wrongdoing, including understating his compensation in Nissan's financial statements. Ghosn has denied wrongdoing. Prosecutors said the elder Taylor, a private security specialist, and his son received $1.3 million for their services. The Taylors' lawyers argued they could not be prosecuted in Japan for helping someone "bail jump" and that, if extradited, they faced the prospect of relentless interrogations and torture. Ghosn in a court filing sought to support their claim, arguing he faced prolonged detention, mental torture and intimidation in Japan and the Taylors would face "similar or worse conditions."