Introduction
With appreciation to the editor-in-chief of Stabroek News, this column which last appeared on April 17, 2020, is returning for a short series. It will feature the 2020 financial performance of the three companies which signed a petroleum agreement with the Government of Guyana for the Stabroek Block. The three companies are Esso, Hess and CNOOC which hold 45%, 30% and 25% respectively of the Block which has so far been hugely successful with a twentieth discovery – Longtail 3 – announced earlier this week. Each of the columns over the next three weeks will feature one of the companies, followed by a wrap-up synthesis of the three.
The Petroleum Agreement is largely silent on accounting rules except in relation to the documentation to be submitted to the Government in relation to the petroleum operations. Expanding only slightly, the Agreement requires the companies to keep accounts, operating records, reports and statements relating to the operations in accordance with the Agreement and the Accounting Procedure set out in Annex C to the Agreement. The substantial part of the Annex deals with the various categories of costs and whether certain specified costs are recoverable without any approval by the Minister, recoverable with the consent of the Minister, not recoverable, and finally, costs not otherwise specified. These would require the approval of the Minister.
In the absence of and prescribed rules, it is left to the Institute of Chartered Accountants of Guyana to set the accounting rules for petroleum operations. This the Institute has done by way of the adoption of International Financial Reporting Standards, generally referred to by the abbreviation IFRS. Given the nature of the operations involved, the rules are extremely complex and their application open to interpretation. This is just another area in which the country suffers as a result of the failure by the Government to have a Petroleum Commission by whatever name to regulate the sector. This Column will address some of these issues after a review of the financial statements of the individual companies.
CNOOC
This company has changed its name from CNOOC/Nexen which was originally a Canadian/Chinese jointly held company but the Canadians are no longer involved. Note 2 to the financial statements states that certain of the Branch’s activities are conducted through joint arrangements, raising the question whether it has other activities which is carries on independently.
The Company appears to be a shell within a shell. CNOOC operates as an offshore company in Barbados which up to now has provided a haven for sheltering taxes. So instead of the Board having directors from the parent company, three of the four directors of the company are Bajans! It is therefore not ironic that the note to the financial statements carry a long statement on the regulatory changes in Barbados but nothing about the regulatory petroleum environment in Guyana which is the only country in which CNOOC Petroleum Guyana carries out its only operation.
In its first full year of production, the Company has reported a profit of $9,298 million on income of $41,419 million, a net margin of 22.4%. The financial statements also fail to disclose how it accounts for pre-contract costs recovered in the current year and what is left to be recovered.
Of the expenditure of $32,121 million, Depreciation, depletion and amortization accounts for $14,782 million and refers the reader to Note 3 but that number is not evident in the Note. Operating costs amount to $16,875 million, but that number does not even carry a note or any other information to support the figure.
Taxation
The most interesting bit on the income statement is the element of taxation. Nowhere in the financial statements or in the extensive, copious notes is there any indication that the branch pays no taxes in Guyana. Indeed, it is surely guilty of a half truth when in Note 8 it states that the Branch is subject to the Guyana Income Tax Act and the terms and conditions of the 2016 Petroleum Agreement. At first glance, this appears to suggest a cumulative impact when the reality is the direct opposite.
The fmancial statements make good use of what is called deferred tax and so the financial statements have a charge of $2,324 million for deferred tax, one that is paid to no one but rather to recover losses claimed to have been made in past years.
The Company sells all its share of oil production to an affiliate in Singapore which on sells on a cargo-by-cargo basis. Despite this arrangement the Company owes its related parties more than $400,000 million, the terms and conditions of which, including interest, are not stated.
Note 5 states that the company has a $2.5 billion credit facility provided by CNOOC International Limited and one wonders whether this is a USD facility, or unlikely, a G$ facility. The note also states that the Company has received a letter of support from BVI (sic) to sustain the business at its current level of activity. The financial statements show that the company is already making commitment for Liza Phase 2 and the Payara Projects to the tune of $297,000 million. A final matter of note is the Decommissioning and restoration provisions at $39,365 million as funds to reclaim and abandon wells and facilities.