AbitibiBowater, Inc. (fka ABWTQ)

[Pitt77]

Excerpt of 2008 K10. Newfoundland and Labrador case.



We may not be compensated for the expropriation of certain assets by the Government of Newfoundland and Labrador.
On December 16, 2008, following our December 4, 2008 announcement of the permanent closure of our Grand Falls paper
mill, the Government of Newfoundland and Labrador, Canada passed legislation under Bill 75 to expropriate all of our
timber rights, water rights, leases and hydroelectric assets in the Province of Newfoundland and Labrador, whether partially
or wholly owned through our subsidiaries and affiliated entities. The Government of Newfoundland and Labrador also
announced that it does not plan to compensate us for the loss of the water and timber rights, but has indicated that it may
compensate us for certain of our hydroelectric assets. However, it has made no commitment to ensure that such compensation
would represent the fair market value of such assets. As a result of the expropriation, in the fourth quarter of 2008, we
recorded, as an extraordinary loss, a non-cash write-off of the carrying value of the expropriated assets of $256 million, or
$4.45 per share, with no related income tax benefit.
We have retained legal counsel to review all legal options. On April 23, 2009, we filed a Notice of Intent under NAFTA,
relating to the expropriation of these assets specifying violations by the Government of Newfoundland and Labrador under
the terms of NAFTA, for which the Government of Canada is responsible. Although there is no guarantee regarding the
outcome and receipt of fair compensation under the terms of NAFTA, we believe that the Government of Newfoundland and
Labrador has violated the terms of NAFTA, and that we (a U.S. domiciled company) should be fairly compensated for the
expropriation. Under the terms of NAFTA, compensation for expropriated assets is based on fair market value. The Notice of
Intent asserts that the expropriation was arbitrary, discriminatory and illegal, and we are seeking in excess of CDN$300
million in direct compensation for the fair market value of the expropriated rights and assets, plus additional costs and further
relief as the Arbitral Tribunal may deem just and appropriate. We have asserted in the Notice of Intent that the expropriation
unquestionably breaches Canada’s NAFTA obligations on a number of grounds, including among others: (i) the criteria for
expropriation are not met in Bill 75; (ii) Bill 75 does not ensure payment for the fair market value of the expropriated rights
and assets; (iii) Bill 75 purports to strip us of any rights to access the courts, which is independently a violation of NAFTA;
and (iv) Bill 75 is retaliatory in nature and discriminates against us. We have filed the Notice of Intent as part of the dispute
resolution mechanism available under NAFTA and will submit the claim to arbitration in three months, pursuant to the
relevant NAFTA provisions, should this matter not be resolved by that date. Although we believe that the Canadian
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Government will be required to compensate us for the fair market value of the expropriated assets, we have not recognized
any asset for such claim in these financial statements.

http://www.abitibibowater.com/uploadedFiles/Menus/Investors/2008%2010-K%20final%20English%20for%20printing%282%29.pdf