Vale S A : 10/02/2020 Vale informs on the manifestation by Public Prosecutors in Fundão’s Public Civil Action

10/2/2020

Vale informs on the manifestation by Public Prosecutors in Fundão's Public Civil Action

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Rio de Janeiro, October 2nd, 2020 - Vale S.A. ('Vale') informs that the Federal and the Minas Gerais State Public Prosecutors' Offices and the Federal, the Minas Gerais and the Espírito Santo State Public Defenders' Offices (collectively, 'the Plaintiffs'), on September 30th, 2020, filed a request to the 12th Federal Court of Belo Horizonte, in which are processed the lawsuits regarding the Fundão dam rupture, owned by the company SAMARCO Mineração S.A. ('Samarco'), occurred on November 5th, 2015, in which they postulate for the resumption of the public civil action filed in 2016 ('ACP-Fundão'). Said ACP-Fundão has been suspended since August 8th, 2018 due to the agreement entered into by the parties and ratified in court ('TAC-Governança'). The Plaintiffs' request will be analyzed by the Judge of the 12th Federal Court after the manifestation by Samarco and its shareholders, Vale and BHP, given the adversarial principle.

It is noteworthy that the Plaintiffs are signatories to several agreements with Samarco, BHP and Vale, all focused on the integral reparation of people and areas affected by the Fundão dam rupture. The reparation works, carried out by the Renova Foundation, includes mechanisms for the participation of the affected communities, under the terms of the TAC-Governança. The Plaintiffs argue that the ACP-Fundão should be resumed due to the 'impasse in the hiring of technical advisors', an obligation provided for in the TAC-Governança, but which is currently under judicial review.

The companies consider the Plaintiffs' request without merit, given that there was no default of obligations by the companies under said agreements. It is also important to note that the request to resume the lawsuit does not affect the continuity of works by the Renova Foundation, nor does it change the commitments assumed by the companies.

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