up operations of the contaminated sites. 6. On 13 February 2007, a Memorandum of Understanding (hereinafter referred to as “the MoU”) was signed between the Respondent State and subsidiaries of the multinational company TRAFIGURA (TRAFIGURA Beaver B Corporation, TRAFIGURA Limited, Puma Energy and West African International Service Business (WAISB)). Under the terms of the Memorandum of Understanding, TRAFIGURA undertook to pay the Respondent State the sum of Ninety-Five Billion (95,000,000,000) CFA francs, which breaks down as follows: Seventy-Three Billion CFA francs (73,000,000,000 CFA francs) as reparation for the damage caused to the State of Côte d'Ivoire and to the victims; and Twenty-Two Billion CFA francs (22,000,000,000 CFA francs) for clean-up operations. The MoU also provided for the “definitive waiver” by the Respondent State of any present or future suit, claim, action or proceeding that it might initiate against the other party. 7. On 14 February 2007, the three (3) TRAFIGURA executives who were arrested and remanded in custody in the matter were released in accordance with the MoU under which TRAFIGURA would only transfer the agreed amounts to the Respondent State when the MoU was signed and certain conditions were met. One of the said conditions was the issuance of the “necessary documents” proving that the Respondent State had withdrawn the civil proceedings and authorised the Chief Executive Officer (CEO) and Head of the Africa Division of TRAFIGURA as well as the Deputy Managing Director of Puma Energy to leave the country.5 8. On 19 March 2008, twelve (12) people were arraigned before the Abidjan Criminal Court on the charge of poisoning by dumping of toxic waste. The trial commenced on 2 September 2008 and the Association of Victims of Toxic Waste of Abidjan and its Suburbs (hereinafter referred to as “the Association of Victims”) joined the prosecution as a civil party. On 21 5 Established in February 2004, Puma Energy is a subsidiary of the TRAFIGURA group in Côte d'Ivoire which manages TRAFIGURA’s petroleum storage and distribution investments in Côte d'Ivoire. 4