Siemens 2012 Annual Report Download - page 281

135 D. Consolidated Financial Statements 239 E. Additional Information
140 D. Consolidated Statements of Changes in Equity
142 D. Notes to Consolidated Financial Statements
232 D. Supervisory Board and Managing Board
136 D. Consolidated Statements of Income
137 D. Consolidated Statements of Comprehensive Income
138 D. Consolidated Statements of Financial Position
139 D. Consolidated Statements of Cash Flow

As of September ,  and , future payment obligations
under non-cancellable operating leases are as follows:
September ,
(in millions of €)  
Within one year 812 716
After one year but not more than five years 1,586 1,526
More than five years 770 826
3,167 3,068
Total operating rental expense for the years ended September
,  and  were €, million and €, million, re-
spectively. Total sublease income amounts to € million and
€ million, respectively, in fiscal  and . Total future
minimum sublease payments expected to be received under
non-cancellable subleases as of September ,  and 
amount to € million and € million, respectively.
As of September ,  and , the Company has commit-
ments to make capital contributions to the equity of various
companies of € million and € million, respectively. The
September ,  and  balance includes a conditional
commitment, proportional to our shareholding, to make capi-
tal contributions to EN of € – million and € million.
The Company is jointly and severally liable and has capital con-
tribution obligations as a partner in commercial partnerships
and as a participant in various consortiums.
  Legal proceedings
  
Governmental and related proceedings
As previously reported, in May  Siemens AG voluntarily
reported a case of attempted public corruption in connection
with a project in Kuwait in calendar  to the U.S. Depart-
ment of Justice, the SEC, and the Munich public prosecutor.
The Munich public prosecutor discontinued the investigations,
which related to certain former employees, but imposed condi-
tions on them. Siemens is cooperating with the U.S. authori-
ties in their ongoing investigations.
As previously reported, in July  the Nuremberg-Fuerth
public prosecutor notified Siemens AG of an investigation
against several employees in connection with payments relat-
ed to the healthcare business in the Caribbean. In November
, the Nuremberg-Fuerth public prosecutor discontinued
its investigation.
As previously reported, in July  the Munich public prosecu-
tor notified Siemens AG of an investigation against an employee
in connection with payments to a supplier related to the oil
and gas business in Central Asia from calendar  to .
Siemens is cooperating with the public prosecutor.
As previously reported, in October , the Turkish Prime Minis-
try
Inspection Board notified Siemens Sanayi ve Ticaret A.S.,
Turkey, of an investigation in connection with alleged bribery
in Turkey and Iraq from calendar  to . Siemens is coop-
erating with the authority.
As previously reported, in , the Brasilia public prosecutor,
Brazil, opened proceedings to assess allegations against
Siemens in connection with a metro project in calendar .
Siemens is cooperating with the authority.
As previously reported, authorities in Russia were conducting
an investigation into alleged misappropriation of public funds
in connection with the award of contracts to Siemens for the
delivery of medical equipment to public authorities in Yekater-
inburg in calendar  to . In July , the investigation
was closed with respect to all material charges. In November
, all remaining charges were dropped as well.
As previously reported, in calendar  the São Paulo public
prosecutor, Brazil, started certain investigations into the use of
business consultants and suspicious payments in connection
with the former Transportation Systems Group in or after cal-
endar . In fiscal  Siemens learned that this investiga-
tion was not discontinued in calendar  but treated confi-
dential. Siemens is cooperating with the authority.
As previously reported, Siemens AG had filed a request for arbi-
tration against the Republic of Argentina (Argentina) with the
International Center for Settlement of Investment Disputes
( ICSID) of the World Bank. Siemens AG claimed that Argentina
had unlawfully terminated its contract with Siemens for the
development and operation of a system for the production of
identity cards, border control, collection of data and voters’
registers (DNI project) and thereby violated the Bilateral Invest-
ment Protection Treaty between Argentina and Germany (BIT).
A unanimous decision on the merits was rendered by the ICSID
arbitration tribunal in February , awarding Siemens AG,
inter alia, compensation in the amount of US$. million,
plus compound interest thereon at a rate of .% since May
, . Argentina subsequently filed applications with the
ICSID aiming at the annulment and reversal of the decision
and a stay of enforcement of the arbitral award. In August
, Argentina and Siemens AG reached an agreement to mu-
tually settle the case and discontinue any and all civil proceed-
ings in connection with the case without acknowledging any