Cases / Oil, gas and coal operations · Russia · 2022–2026
Sakhalin-2 and Sakhalin-1 in 2022: transfer decrees, the ecological-audit deduction clause and write-downs
Nature's voice · report
No measurement of the harm done to me here is on record.
Did nature suffer? Not measured.
Not on record
- The record does not name which of my species, waters, soils or forests were harmed.
What the record lacks: 2 none on record · 2 not disclosed · 1 insufficient · 1 not measured · 2 disputed · 1 unclear See the gaps
Presidential Decree No. 416 of 30 June 2022 passed the rights of the Sakhalin-2 operator to a new Russian company and provided that a government audit, including an ecological audit, would set a damage amount to be debited from foreign shareholders' sale proceeds. Shell recorded a USD 1,614 million impairment on Sakhalin-2, and ExxonMobil said Russia terminated its Sakhalin-1 interests on 14 October 2022.
RUB 94.8 billionSale price of Shell's 27.5% stake, paid into a Type "C" account
Price in government order 701-r of 23 March 2024 (Interfax). Under Decree No. 416 a damage amount set by government act after an audit that includes an ecological audit would be debited from the account; no such amount is on record.
Price in government order 701-r of 23 March 2024 (Interfax). Under Decree No. 416 a damage amount set by government act after an audit that includes an ecological audit would be debited from the account; no such amount is on record.
Status As of October 2026: the Prosecutor General's claim against eight Shell entities in Moscow is ongoing; no result of the decree's ecological audit is on record.
What?
Decree No. 416 of 30 June 2022 moved the Sakhalin-2 operator's rights to a new Russian company, with sale proceeds of unclaimed foreign shares held in a Type "C" account from which a damage amount set after an audit that includes an ecological audit would be debited; no audit result is on record. Shell, Mitsui, Mitsubishi and ExxonMobil recorded write-downs, and the Prosecutor General filed a claim against eight Shell entities. President of Russia (kremlin.ru)
Where?
Sakhalin Energy LLC in Yuzhno-Sakhalinsk and the Sakhalin-2 and Sakhalin-1 assets, Sakhalin; the Moscow Arbitration Court. President of Russia (kremlin.ru)
When?
Decree 30 June 2022; transfer 17 August 2022; Shell declines 1 September 2022; Exxon termination 14 October 2022; sale orders April 2023 and 23 March 2024; Prosecutor General's claim 2 October 2024; Shell Form 20-F 12 March 2026. Shell plc (SEC filing)
Who?
Gained
- Gazprom group (Gazprom Sakhalin Holding, Sakhalinsky Proekt LLC) — Shares in the new company pro rata and the purchase of Shell's 27.5% for RUB 94.8 billion Interfax
- The new Russian company — Rights and obligations of SEIC and free use of PSA-created property; any government-set damage amount debited in its favour President of Russia (kremlin.ru)
Lost
- Shell — USD 1,614 million impairment on Sakhalin-2; carrying value zero at 31 December 2022; sale proceeds in a Type "C" account Shell plc (SEC filing)
- Mitsui and Mitsubishi — Investment value cuts of JPY 136.6 billion and JPY 81.1 billion; funds only after any damages are determined and offset Business & Human Rights Resource Centre
- ExxonMobil — Charge of USD 3.4 billion after tax in Q1 2022; Sakhalin-1 interests terminated on 14 October 2022 Exxon Mobil Corporation (SEC filing)
Harmed
None on recordWhy?
The decree cites unfriendly actions of certain foreign states and international organisations and a threat of a natural and man-made emergency; Shell objected to the transfers, and Exxon stated that the Russian government unilaterally terminated its interests. President of Russia (kremlin.ru)
How?
A presidential decree created a Russian company to take over SEIC, with unclaimed shares sold tax-free and proceeds held in a Type "C" account subject to a government-set damage amount. President of Russia (kremlin.ru)
6 of 6 questions answered from the record
What happened
The record, in order.
Decree No. 416 of 30 June 2022, citing among its grounds the "threat of a natural and man-made emergency", provided that the Government create a Russian limited liability company to which all rights and obligations of Sakhalin Energy Investment Company (SEIC) pass, and that SEIC property created under the production sharing agreement (PSA) pass into Russian Federation ownership with free use by the company. Shares pass to Gazprom Sakhalin Holding pro rata, with other shares held by the company pending transfer; foreign shareholders had one month to notify consent; unclaimed shares are valued and sold to a Russian legal entity free of tax, with proceeds credited to a Type "C" account in the shareholder's name. The Government conducts a "financial, ecological, technological and other audit" of the foreign persons' PSA activities; a government act sets the "amount of damage caused" and the liable persons; and that amount is debited from the Type "C" account in favour of the company. Disputes go to the Moscow Arbitration Court. The decree was amended on 30 December 2022 (No. 982) and 3 January 2024 (No. 2).
Shell reported that the transfer to the new company took place on 17 August 2022, that on 1 September 2022 it advised it would not apply for shares and "reserved all rights and remedies", and that the Russian Federation was expected to conduct an audit determining the "amount of damage caused". On 30-31 August 2022 the Russian Government approved the Mitsui (12.5%, via MIT SEL Investment) and Mitsubishi (10%, via DGS Japan Co.) stakes, with appraiser B1-Consult (formerly EY); Interfax reported that "Foreign partners receive funds only after compensation for any damages is determined and offset."
In April 2023 government order 890-r provided for the sale of Shell's 27.5% to Novatek Moscow Region LLC; Kommersant reported on 4 April 2023 that President Putin agreed Shell could receive the full RUB 94.8 billion and that authorities had planned an audit "suspecting Shell of harming the project", with a deduction of damage. On 23 March 2024 order 701-r replaced the buyer with Sakhalinsky Proekt LLC, wholly owned by Gazprom Sakhalin Holding, kept the price at RUB 94.8 billion and invalidated the 2023 order; proceeds go to the Type "C" account. Novatek said in 2023 that shortcomings could be covered from Shell's unpaid 2021 dividends.
Shell recorded a Sakhalin-2 impairment of USD 1,614 million in the first quarter of 2022 and a carrying value of zero at 31 December 2022. Kyodo reported on 2 August 2022 that Mitsui reduced its investment value by JPY 136.6 billion and Mitsubishi by JPY 81.1 billion. On 2 October 2024 the Prosecutor General of Russia filed a claim in Moscow against eight Shell entities including a claim for about EUR 1.5 billion from Shell Energy Europe to Gazprom Export for alleged unpaid 2022 gas, and a declaration that Gazprom Export can take RUB 94 billion "purportedly set aside for Shell for Sakhalin equity compensation from a Type-C account"; Shell's 2025 Form 20-F states the proceedings are ongoing. Hearings are closed, and prosecutors said the information "may increase sanctions pressure on our country".
For Sakhalin-1, Exxon reported in its 2022 Form 10-K a first-quarter 2022 charge of USD 3.4 billion after tax (USD 4.6 billion pre-tax), "largely representing the full impairment of its operations related to Sakhalin", and said that "Effective October 14, 2022, the Russian government unilaterally terminated the Corporation's interests in Sakhalin". About 150 million oil-equivalent barrels were removed from proved reserves, and a fourth-quarter after-tax benefit of USD 1.1 billion was described by Exxon as "largely reflecting the impact of the expropriation on the company's various obligations". As of October 2026 a US OFAC general licence for Sakhalin-2 (oil to Japan, services, Gazprombank) runs to 18 December 2026 and UK permission for Sakhalin 2 LNG shipping to Japan and South Korea runs to 31 March 2028; the owners are Gazprom, Mitsui and Mitsubishi.
- 2022Decree No. 416 signed (30 Jun)
- 2022Shell Sakhalin-2 impairment of USD 1,614 million, first quarter results
- 2022Transfer to the new company (17 Aug); Shell advises on 1 Sep it will not apply for shares
- 2022Mitsui and Mitsubishi stakes approved by the Government (30-31 Aug)
- 2022Exxon Sakhalin-1 interests terminated (14 Oct)
- 2023Order 890-r for sale of Shell's 27.5% to Novatek Moscow Region LLC (Apr)
- 2024Order 701-r: buyer replaced by Sakhalinsky Proekt LLC, price RUB 94.8 billion (23 Mar)
- 2024Prosecutor General files claim in Moscow against eight Shell entities (2 Oct)
- 2026Shell Form 20-F states proceedings are ongoing (12 Mar); US licence extended to 18 Dec (15 Jun); UK permission extended to 31 Mar 2028 (1 Oct)
What was said
Claims, in the words of those who made them.
“reserved all rights and remedies”
“it is not possible to reliably estimate the magnitude and timing of any possible obligations or payments”
“Foreign partners receive funds only after compensation for any damages is determined and offset.”
“Effective October 14, 2022, the Russian government unilaterally terminated the Corporation's interests in Sakhalin”
“properly deal with the situation following consultations with the Japanese government and project partners”
“may increase sanctions pressure on our country”
Where accounts differ
Each party's account, side by side, with its source. The record does not settle these points; it shows them.
Legality of the transfer of Sakhalin-2 rights and shares
Company or project
Shell
Objected to the transfers and reserved all rights and remedies.
Shell plc (SEC filing)Government and regulators
President of Russia, Decree No. 416
Special economic measures are justified by a threat of a natural and man-made emergency; disputes go to the Moscow Arbitration Court.
President of Russia (kremlin.ru)Forum for disputes
Press and investigations
A lawyer quoted by Kommersant (4 April 2023)
The production sharing agreement provides for Stockholm arbitration, while the decree provides for the Moscow Arbitration Court.
KommersantGovernment and regulators
Decree No. 416
Disputes go to the Moscow Arbitration Court.
President of Russia (kremlin.ru)How it looked
What was shown, beside what was recorded.
Shown
- Decree grounds: "threat of a natural and man-made emergency" (translated).President of Russia, Decree No. 416 · President of Russia (kremlin.ru)
- Authorities planned an audit "suspecting Shell of harming the project" with a deduction of damage (translated).Kommersant, 4 April 2023 · Kommersant
- Shell's investment in Sakhalin-2 is held at 27.5% (minus one share) in SEIC, which "purportedly no longer holds any licences, rights and obligations in Sakhalin-2".Shell Form 20-F 2025 · Shell plc (SEC filing)
Recorded
- Decree No. 416 provides for a financial, ecological, technological and other audit of foreign persons' PSA activities and for a government act setting the amount of damage caused, to be debited from the Type "C" account.
- Sale price of Shell's 27.5% stake: RUB 94.8 billion (order 701-r, 23 March 2024), proceeds to the Type "C" account.
- Shell received USD 165 million of 2021 dividends in April 2022 and estimated unpaid dividends at about USD 1 billion (Kommersant).
- Sakhalin-2 output was about 11.5 million tonnes of LNG and about 3.7 million tonnes of oil in 2022, and 10.3 million tonnes of LNG in 2025.
- Shell's carrying value of the Sakhalin-2 investment was zero at 31 December 2022.
Who gained
Money that reached nature, beside money that stayed elsewhere.
Reached nature or the ground
Not published
Damage amount to be set by government act under Decree No. 416 and debited from the Type "C" account—
No amount on record.
Gained elsewhere
Not totalled
Shell impairment of Sakhalin-2 (USD m)1.6bn
Shell total Russia pre-tax charges (USD m)4.2bn
Post-tax USD 3,894 million.
Sale price of Shell's 27.5% stake (RUB m)94.8bn
Mitsui reduction of investment value (JPY m)136.6bn
Mitsubishi reduction of investment value (JPY m)81.1bn
Exxon Q1 2022 charge, after tax (USD m)3.4bn
Pre-tax USD 4,600 million.
Prosecutor General's claim from Shell Energy Europe to Gazprom Export, about (EUR m)≈ 1.5bn
Currency: Mixed (see each line) · Window: 2022-2026. All figures cover the same period. * Estimate built from cited figures.
Responses on record
- Shell (September 2022; March 2026): Objected to the transfers and reserved all rights and remedies; it is not possible to reliably estimate the magnitude and timing of any possible obligations or payments. · Shell plc (SEC filing)
- Mitsui (August 2022): Will properly deal with the situation following consultations with the Japanese government and project partners. · Business & Human Rights Resource Centre
- Novatek (2023): Shortcomings could be covered from Shell's unpaid 2021 dividends. · Kommersant
- ExxonMobil (2022): Remained focused on safety of people, protection of the environment, and integrity of operations. · Exxon Mobil Corporation (SEC filing)
- Russian prosecutors (April 2025): Disclosure of information in the Shell case may increase sanctions pressure on the country. · Interfax
In court and with insurers
Every proceeding and every insurer decision on record.
Lawsuits and rulings
- 2022–2022OngoingDecree No. 416 of 30 June 2022 (transfer of SEIC rights and shares; audit and damage-deduction clause)President of Russia · Regulatory · Russian Federation → Foreign shareholders of SEIC (Shell, Mitsui, Mitsubishi)
Creates a Russian company to take SEIC's rights and obligations, transfers PSA-created property to federal ownership, sells unclaimed shares with proceeds credited to a Type "C" account, and provides for a financial, ecological, technological and other audit and a government act setting the amount of damage to be debited from that account. Amended 30 December 2022 (No. 982) and 3 January 2024 (No. 2). President of Russia (kremlin.ru)
- 2024–Ongoing€1.5bn claimed, about (million)Prosecutor General of Russia v. eight Shell entitiesMoscow Arbitration Court · Civil · Prosecutor General of Russia → Eight Shell entities (including Shell Energy Europe)
Filed 2 October 2024. According to Shell's 2025 Form 20-F the claim seeks declarations concerning support of SEIC that Shell abandoned, about EUR 1.5 billion from Shell Energy Europe to Gazprom Export for alleged unpaid 2022 gas, and a declaration that Gazprom Export can take RUB 94 billion "purportedly set aside for Shell for Sakhalin equity compensation from a Type-C account". Hearings are closed; the proceedings are ongoing. Shell plc (SEC filing)
Insurers
No insurer decision on record.
What nature saw
Outcomes measured on the ground, and nature's note.
Nature's report opens this page. Below: further outcomes measured on the ground.
Audit result published
none
No result of the decree's ecological audit or damage-amount act on record
Shell impairment, Sakhalin-2
USD 1,614 million
First quarter of 2022
Sale price of Shell's 27.5%
RUB 94.8 billion
Held in a Type "C" account
Mitsui and Mitsubishi value cuts
JPY 217.7 billion
Combined, reported August 2022
What we don't know
Undisclosed, unproven, untried: recorded as data.
Nature
- Not measured Harm to nature: No independent ecological evaluation is on record.
Money
- None on record Damage amount to be set by government act under Decree No. 416 and debited from the Type "C" account — No amount on record.
Accounts
Record
- None on record None on record: a published result of the decree's ecological audit, or any government act fixing the "amount of damage caused"; the Kommersant (2025) and Interfax (2025) articles on the prosecutor's claim do not mention environmental damage.
- Not disclosed Not disclosed: the court case number of the Prosecutor General's claim; the hearings are closed.
- Not disclosed Not disclosed: whether any sum has been debited from the Type "C" account.
- Insufficient Insufficient: Shell stated that it is not possible to reliably estimate the magnitude and timing of any possible obligations or payments.
- Unclear Unclear: the status of Exxon's former Sakhalin-1 stake in 2026.
Did the harm stop?
None on record.
Who paid?
No damage amount has been set on record. Proceeds of the RUB 94.8 billion sale of Shell's stake are held in a Type "C" account from which a government-set damage amount would be debited.
Sources
Voices on record: ✓ Company or project✓ Government and regulators— Courts✓ Press and investigations— Communities and civil society— Researchers
Company or project
- Q1 2022 results, exhibit 99.2Shell plc (SEC filing) · 2022-05
- Form 20-F 2022Shell plc (SEC filing) · 2023-03
- Form 20-F 2025Shell plc (SEC filing) · 2026-03-12
- Form 10-K 2022Exxon Mobil Corporation (SEC filing) · 2023-02
Government and regulators
- Decree No. 416 "On the application of special economic measures in the fuel and energy sector in connection with unfriendly actions of certain foreign states and international organisations" (as amended 30.12.2022 No. 982 and 03.01.2024 No. 2; in Russian)President of Russia (kremlin.ru) · 2022-06-30
Press and investigations
- Mitsubishi decides to stay in Sakhalin-2Interfax · 2022-08-31
- Gazprom replaces Novatek as buyer of 27.5% stake in Sakhalin EnergyInterfax · 2024-03-25
- U.S. extends licence for Sakhalin-2 to Dec 18Interfax · 2026-06-15
- UK extends permission for transportation of LNG from Sakhalin 2 until March 31, 2028Interfax · 2026-10-01
- Shell is cutting its way out (in Russian)Kommersant · 2023-04-04
- Mitsui and Mitsubishi cut value of stakes in Sakhalin 2 (Kyodo)Business & Human Rights Resource Centre · 2022-08-02
Connected cases
Related matters, and cases linked to this one through the same organisations, with the role each played in both.
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- Shell (Company) — here: Held 27.5% of SEIC; impairment of USD 1,614 million; defendant in the Moscow claim; there: Facility owner
- Rainforest credits investigation Global · 2009–2023
- Shell (Company) — here: Held 27.5% of SEIC; impairment of USD 1,614 million; defendant in the Moscow claim; there: Named credit buyer
- Russia declares WWF and Greenpeace 'undesirable' organisations Russia · 2023
- Prosecutor General of Russia (Government) — here: Claimant in the Moscow case against eight Shell entities; there: Issued the designations
- Russia's 1 January 2022 ban on exports of unprocessed softwood and valuable hardwood logs Russia · 2020–2025
- Government of Russia (Government) — here: Decree No. 416 and the orders on the stake sale; there: Issued the instruction, duties and quotas
- Russia's forest-fire control zones and federal fire-service funding Russia · 2015–2026
- Government of Russia (Government) — here: Decree No. 416 and the orders on the stake sale; there: Reserve-fund Order No. 2740-r (2026); Decree No. 382 issued by the President
- Russia's national carbon-unit system under Federal Law 296-FZ Russia · 2021–2026
- Government of Russia (Government) — here: Decree No. 416 and the orders on the stake sale; there: Adopted Decree No. 234 of 2026
- Russian forest-climate projects: RUSAL fire-protection units and Sakhalin larch planting Russia · 2019–2026
- Government of Russia (Government) — here: Decree No. 416 and the orders on the stake sale; there: Federal Law 492-FZ and reserve-account rules
- Russian Joint Implementation credits under the Kyoto Protocol, 2009–2012 Russia · 2009–2015
- Government of Russia (Government) — here: Decree No. 416 and the orders on the stake sale; there: Approved projects through the Designated Focal Point
- Sakhalin carbon-neutrality experiment under Federal Law 34-FZ Russia · 2022–2028
- Government of Russia (Government) — here: Decree No. 416 and the orders on the stake sale; there: Set the payment rate; federal law 34-FZ
- Salem tanker Senegal (offshore) · 1979–1985
- Shell (Company) — here: Held 27.5% of SEIC; impairment of USD 1,614 million; defendant in the Moscow claim; there: Cargo owner (Shell International Petroleum); claimant against cargo underwriters
- Shell and Greenpeace settle Penguins FPSO case; Greenpeace pays RNLI £300,000 United Kingdom · 2023–2024
- Shell (Company) — here: Held 27.5% of SEIC; impairment of USD 1,614 million; defendant in the Moscow claim; there: Claimant
- Shell buys Australian carbon-farming firm Select Carbon in August 2020 Australia · 2020–2023
- Shell (Company) — here: Held 27.5% of SEIC; impairment of USD 1,614 million; defendant in the Moscow claim; there: acquirer of Select Carbon
- Shell nature-based solutions and carbon-neutral driving ads Netherlands · 2019–2023
- Shell (Company) — here: Held 27.5% of SEIC; impairment of USD 1,614 million; defendant in the Moscow claim; there: Fuel seller; advertiser of carbon-neutral driving; author of the Sky 1.5 scenario
- Shell Nigeria pipeline spill ruling (Hague Court of Appeal, 2021) Nigeria · 2021–2022
- Shell (Company) — here: Held 27.5% of SEIC; impairment of USD 1,614 million; defendant in the Moscow claim; there: Parent group of Shell Nigeria
- Shell reserves overstatement case: investors settle for $352.6 million United States · 2006
- Shell (Company) — here: Held 27.5% of SEIC; impairment of USD 1,614 million; defendant in the Moscow claim; there: company whose reserves were restated
- Shell Rocky Mountain Arsenal insurance case United States · 1987–2010
- Shell (Company) — here: Held 27.5% of SEIC; impairment of USD 1,614 million; defendant in the Moscow claim; there: Policyholder; co-payer of Arsenal cleanup
- Shell's 1.5C scenario relied on 700 million hectares of new forest Global · 2019–2021
- Shell (Company) — here: Held 27.5% of SEIC; impairment of USD 1,614 million; defendant in the Moscow claim; there: author of the Sky 1.5 scenario; offered carbon-neutral driving
- Shell's 2022 stake in Brazilian REDD+ developer Carbonext Brazil · 2022
- Shell (Company) — here: Held 27.5% of SEIC; impairment of USD 1,614 million; defendant in the Moscow claim; there: bought a minority stake in Carbonext in 2022
- Sochi 2014 Winter Olympics: environmental pledges and the Mzymta valley Russia · 2007–2018
- Government of Russia (Government) — here: Decree No. 416 and the orders on the stake sale; there: Host government; Putin and Kozak statements
- Soviet whaling catches and the reports to the IWC, 1948–1979 Russia · 1948–1994
- Government of Russia (Government) — here: Decree No. 416 and the orders on the stake sale; there: Supplied original catch data to the IWC Scientific Committee in 1994
- Study finds Exxon's internal papers accepted warming; its advertorials cast doubt United States · 1977
- ExxonMobil (Company) — here: Sakhalin-1 interests terminated on 14 October 2022; there: company whose documents and advertorials were analyzed
- Tukolon reserve sanitary logging conviction in Irkutsk Oblast Russia · 2018–2024
- Prosecutor General of Russia (Government) — here: Claimant in the Moscow case against eight Shell entities; there: Statements on fires and illegal logging, 2019
- UN plastics treaty negotiations (INC-5, Geneva, Nairobi, Bangkok) Switzerland · 2024–2026
- ExxonMobil (Company) — here: Sakhalin-1 interests terminated on 14 October 2022; there: Defendant in California suit; six registered lobbyists at Geneva
- US chemical recycling plants run far below capacity, and some have closed United States · 2024–2025
- ExxonMobil (Company) — here: Sakhalin-1 interests terminated on 14 October 2022; there: Operator of the Baytown plant
- US SEC switches oil reserve pricing to a 12-month average in 2008 United States · 2008–2021
- ExxonMobil (Company) — here: Sakhalin-1 interests terminated on 14 October 2022; there: reported reserve reductions (unconfirmed)
- US Supreme Court hears Boulder County's climate suit against Suncor and Exxon United States · 2018
- ExxonMobil (Company) — here: Sakhalin-1 interests terminated on 14 October 2022; there: defendant and petitioner
- Usinsk pipeline spill (Komi, 1994) and the World Bank and EBRD emergency loans Russia · 1994–2004
- Government of Russia (Government) — here: Decree No. 416 and the orders on the stake sale; there: Borrower of both loans; on-lent them to Komineft