BP 2011 Annual Report Download - page 194

192 BP Annual Report and Form 20-F 2011192 BP Annual Report and Form 20-F 2011
Notes on financial statements
The portion of the provision recognized during the year for items that will be covered by the trust fund, including the increased estimate of the cost of
individual and business claims as a result of the proposed settlement with the PSC announced on 3 March 2012, was $4,038 million (2010 $12,567 million)
and payments of $3,707 million (2010 $3,023 million) were made during the year from the trust fund. The remaining reimbursement asset as at 31 December
2011 was $9,875 million and is recorded within other receivables on the balance sheet. The amount of the reimbursement asset is equal to the amount of
provisions as at 31 December 2011 that will be covered by the trust fund – see Note 36 in the table under Provisions relating to the Gulf of Mexico oil spill.
Movements in the reimbursement asset are presented in the table below.
$ million
2011 2010
At 1 January 9,544 –
Increase in provision for items covered by the trust fund 4,038 12,567
Amounts paid directly by the trust fund (3,707) (3,023)
At 31 December 9,875 9,544
Of which – current 8,233 5,943
– non-current 1,642 3,601
The amount charged or credited in the income statement, before finance costs, related to the trust fund comprises:
$ million
2011 2010
Trust fund liability – discounted –19,580
Change in discounting relating to trust fund liability 43 240
Recognition of reimbursement asset (4,038) (12,567)
Other –8
Total (credit) charge relating to the trust fund (3,995) 7,261
As noted above, the obligation to fund the $20-billion trust fund was recognized in full in 2010, on a discounted basis. In addition, a reimbursement asset
of $12,567 million was recognized, reflecting the portion of provisions recognized in 2010 that will be covered by the trust fund. Any new provisions, or
increases in provisions, that are covered by the trust fund (up to the amount of $20 billion) have no net income statement effect as a reimbursement asset
is also recognized, as described above. During 2011, a further $4,038 million was recognized for new or increased provisions for items covered by the
trust fund with a corresponding increase in the reimbursement asset, resulting in no net income statement effect. The cumulative charges for provisions,
and the associated reimbursement asset, recognized during 2010 and 2011 amounted to $16,605 million. Thus, a further $3,395 million could be provided
in subsequent periods for items covered by the trust fund with no net impact on the income statement. Such future increases in amounts provided could
arise from adjustments to existing provisions, or from the initial recognition of provisions for items that currently cannot be estimated reliably, namely final
judgments and settlements and natural resource damages and related costs.
It is not possible at this time to conclude as to whether the $20-billion fund will be sufficient to satisfy all claims under the Oil Pollution Act of
1990 (OPA 90) that will ultimately be paid. Further information on those items that currently cannot be reliably estimated is provided under Provisions and
contingencies and in Note 43.
The Trust agreement does not require BP to make further contributions to the trust fund in excess of the agreed $20 billion should this be
insufficient to cover all claims administered by the GCCF and the new court-supervised claims processes, or to settle other items that are covered by
the trust fund, as described above. Should the $20-billion trust fund not be sufficient, BP would commence settling legitimate claims and other costs by
making payments directly to claimants. In this case, increases in estimated future expenditure above $20 billion would be recognized as provisions with a
corresponding charge in the income statement. The provisions would be utilized and derecognized at the point that BP made the payments.
BP pledged certain Gulf of Mexico assets as collateral for the trust fund funding obligation under an agreement entered into in September 2010. In
November 2011, the agreement was amended and restated to change the way the overriding royalty interest is determined. For further information see
Material contracts on page 168. The pledged collateral consists of an overriding royalty interest in oil and gas production of BP’s Thunder Horse, Atlantis,
Mad Dog, Great White and Mars, Ursa and Na Kika assets in the Gulf of Mexico. A wholly owned company called Verano Collateral Holdings LLC (Verano)
has been created to hold the overriding royalty interest, which is capped at an amount equal to the product of (i) the outstanding funding obligation as
calculated at the start of each calendar quarter, from and after 1 October 2011, and (ii) a factor of 1.45 (resulting in an amount of $14.7 billion at 1 October
2011, which remained unchanged at 31 December 2011). Verano has pledged the overriding royalty interest to the Trust as collateral for BP’s remaining
contribution obligations to the Trust, amounting to $4.9 billion at the end of 2011. On 2 January 2012 the overriding royalty interest was recalculated as
$7.1 billion. There has been no change in operatorship or the marketing of the production from the assets and there is no effect on the other partners’
interests in the assets. For financial reporting purposes Verano is a consolidated entity of BP and there is no impact on the consolidated financial
statements from the pledge of the overriding royalty interest.
Provisions and contingencies
At 31 December 2011 BP has recorded certain provisions and disclosed certain contingent liabilities as a consequence of the Gulf of Mexico oil spill.
These are described below under Oil Pollution Act of 1990 and Other items.
Oil Pollution Act of 1990 (OPA 90)
The claims against BP under the OPA 90 and for personal injury fall into three categories: (i) claims by individuals and businesses for removal costs,
damage to real or personal property, lost profits or impairment of earning capacity, loss of subsistence use of natural resources and for personal injury
(“Individual and Business Claims”); (ii) claims by state and local government entities for removal costs, physical damage to real or personal property, loss
of government revenue and increased public services costs (“State and Local Claims”); and (iii) claims by the United States, a State trustee, an Indian tribe
trustee, or a foreign trustee for natural resource damages (“Natural Resource Damages claims”). In addition, BP faces civil litigation in which claims for
liability under OPA 90 along with other causes of actions, including personal injury claims, are asserted by individuals, businesses and government entities.
A provision has been recorded for Individual and Business Claims and State and Local Claims. The proposed settlement with the PSC, subject to
final written agreement and court approvals, announced on 3 March 2012 relates to Individual and Business Claims. A provision has also been recorded
for claims administration costs, natural resource damage assessment costs and costs relating to emergency and early natural resource damages
restoration agreements.
2. Significant event – Gulf of Mexico oil spill continued
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