RJR Nabisco Inc. (Formerly R.J. Reynolds Industries, Inc.) and Consolidated Subsidiaries - Page 16

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          under public international law, if the expropriation were                   
          unlawful, it would be entitled to be recompensed for any increase           
          in the value of its assets between the expropriation date and the           
          date of any award.                                                          
                    4.  Aminoil’s Claims With Respect to Expropriated                 
                    Assets                                                            
               As recompense for its assets other than the concession,                
          Aminoil sought to recover the amounts of money and other current            
          assets taken and, with respect to its fixed assets, their                   
          depreciated replacement value.  Aminoil claimed that Kuwait had             
          expropriated money and other current assets with a total value of           
          $30,356,000.  Aminoil claimed $2,587,136,000 of lost profits,               
          calculated on a 1980 present value basis.  Recognizing that the             
          concession agreement would have required it to transfer its fixed           
          assets to Kuwait free of charge upon the concession’s natural               
          termination on June 28, 2008, Aminoil sought no payment for its             
          fixed assets in the event the tribunal awarded it compensation              
          for the concession measured by profits lost for the entire period           
          through the natural termination date.  Aminoil sought recovery              
          for its fixed assets only if the tribunal measured the lost                 
          profits attributable to the concession through some date prior to           
          2008, in which case Aminoil demanded to be paid for the fixed               
          assets’ depreciated replacement value as of that sooner date.               
          Aminoil presented the tribunal with an expert valuation report              
          finding that the depreciated replacement value of the fixed                 
          assets on the expropriation date was $185,305,000.                          



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