Notes on financial statementshttp://www.bp.com/downloads/gom2. Significant event – Gulf of Mexico oil spill continuedThe 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 ofindividual <strong>and</strong> business claims as a result of the proposed settlement with the PSC announced on 3 March <strong>20</strong>12, was $4,038 million (<strong>20</strong>10 $12,567 million)<strong>and</strong> payments of $3,707 million (<strong>20</strong>10 $3,023 million) were made during the year from the trust fund. The remaining reimbursement asset as at 31 December<strong>20</strong>11 was $9,875 million <strong>and</strong> is recorded within other receivables on the balance sheet. The amount of the reimbursement asset is equal to the amount ofprovisions as at 31 December <strong>20</strong>11 that will be covered by the trust fund – see Note 36 in the table under Provisions relating to the Gulf of Mexico oil spill.Movements in the reimbursement asset are presented in the table below.$ million<strong>20</strong>11 <strong>20</strong>10At 1 January 9,544 –Increase in provision for items covered by the trust fund 4,038 12,567Amounts paid directly by the trust fund (3,707) (3,023)At 31 December 9,875 9,544Of which – current 8,233 5,943– non-current 1,642 3,601The amount charged or credited in the income statement, before finance costs, related to the trust fund comprises:$ million<strong>20</strong>11 <strong>20</strong>10Trust fund liability – discounted – 19,580Change in discounting relating to trust fund liability 43 240Recognition of reimbursement asset (4,038) (12,567)Other – 8Total (credit) charge relating to the trust fund (3,995) 7,261As noted above, the obligation to fund the $<strong>20</strong>-billion trust fund was recognized in full in <strong>20</strong>10, on a discounted basis. In addition, a reimbursement assetof $12,567 million was recognized, reflecting the portion of provisions recognized in <strong>20</strong>10 that will be covered by the trust fund. Any new provisions, orincreases in provisions, that are covered by the trust fund (up to the amount of $<strong>20</strong> billion) have no net income statement effect as a reimbursement assetis also recognized, as described above. During <strong>20</strong>11, a further $4,038 million was recognized for new or increased provisions for items covered by thetrust fund with a corresponding increase in the reimbursement asset, resulting in no net income statement effect. The cumulative charges for provisions,<strong>and</strong> the associated reimbursement asset, recognized during <strong>20</strong>10 <strong>and</strong> <strong>20</strong>11 amounted to $16,605 million. Thus, a further $3,395 million could be providedin subsequent periods for items covered by the trust fund with no net impact on the income statement. Such future increases in amounts provided couldarise from adjustments to existing provisions, or from the initial recognition of provisions for items that currently cannot be estimated reliably, namely finaljudgments <strong>and</strong> settlements <strong>and</strong> natural resource damages <strong>and</strong> related costs.It is not possible at this time to conclude as to whether the $<strong>20</strong>-billion fund will be sufficient to satisfy all claims under the Oil Pollution Act of1990 (OPA 90) that will ultimately be paid. Further information on those items that currently cannot be reliably estimated is provided under Provisions <strong>and</strong>contingencies <strong>and</strong> in Note 43.The Trust agreement does not require <strong>BP</strong> to make further contributions to the trust fund in excess of the agreed $<strong>20</strong> billion should this beinsufficient to cover all claims administered by the GCCF <strong>and</strong> the new court-supervised claims processes, or to settle other items that are covered bythe trust fund, as described above. Should the $<strong>20</strong>-billion trust fund not be sufficient, <strong>BP</strong> would commence settling legitimate claims <strong>and</strong> other costs bymaking payments directly to claimants. In this case, increases in estimated future expenditure above $<strong>20</strong> billion would be recognized as provisions with acorresponding charge in the income statement. The provisions would be utilized <strong>and</strong> derecognized at the point that <strong>BP</strong> made the payments.<strong>BP</strong> pledged certain Gulf of Mexico assets as collateral for the trust fund funding obligation under an agreement entered into in September <strong>20</strong>10. InNovember <strong>20</strong>11, the agreement was amended <strong>and</strong> restated to change the way the overriding royalty interest is determined. For further information seeMaterial contracts on page 168. The pledged collateral consists of an overriding royalty interest in oil <strong>and</strong> gas production of <strong>BP</strong>’s Thunder Horse, Atlantis,Mad Dog, Great White <strong>and</strong> Mars, Ursa <strong>and</strong> 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 outst<strong>and</strong>ing funding obligation ascalculated at the start of each calendar quarter, from <strong>and</strong> after 1 October <strong>20</strong>11, <strong>and</strong> (ii) a factor of 1.45 (resulting in an amount of $14.7 billion at 1 October<strong>20</strong>11, which remained unchanged at 31 December <strong>20</strong>11). Verano has pledged the overriding royalty interest to the Trust as collateral for <strong>BP</strong>’s remainingcontribution obligations to the Trust, amounting to $4.9 billion at the end of <strong>20</strong>11. On 2 January <strong>20</strong>12 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 <strong>and</strong> there is no effect on the other partners’interests in the assets. For financial reporting purposes Verano is a consolidated entity of <strong>BP</strong> <strong>and</strong> there is no impact on the consolidated financialstatements from the pledge of the overriding royalty interest.Provisions <strong>and</strong> contingenciesAt 31 December <strong>20</strong>11 <strong>BP</strong> has recorded certain provisions <strong>and</strong> disclosed certain contingent liabilities as a consequence of the Gulf of Mexico oil spill.These are described below under Oil Pollution Act of 1990 <strong>and</strong> Other items.Oil Pollution Act of 1990 (OPA 90)The claims against <strong>BP</strong> under the OPA 90 <strong>and</strong> for personal injury fall into three categories: (i) claims by individuals <strong>and</strong> businesses for removal costs,damage to real or personal property, lost profits or impairment of earning capacity, loss of subsistence use of natural resources <strong>and</strong> for personal injury(“Individual <strong>and</strong> Business Claims”); (ii) claims by state <strong>and</strong> local government entities for removal costs, physical damage to real or personal property, lossof government revenue <strong>and</strong> increased public services costs (“State <strong>and</strong> Local Claims”); <strong>and</strong> (iii) claims by the United States, a State trustee, an Indian tribetrustee, or a foreign trustee for natural resource damages (“Natural Resource Damages claims”). In addition, <strong>BP</strong> faces civil litigation in which claims forliability under OPA 90 along with other causes of actions, including personal injury claims, are asserted by individuals, businesses <strong>and</strong> government entities.A provision has been recorded for Individual <strong>and</strong> Business Claims <strong>and</strong> State <strong>and</strong> Local Claims. The proposed settlement with the PSC, subject tofinal written agreement <strong>and</strong> court approvals, announced on 3 March <strong>20</strong>12 relates to Individual <strong>and</strong> Business Claims. A provision has also been recordedfor claims administration costs, natural resource damage assessment costs <strong>and</strong> costs relating to emergency <strong>and</strong> early natural resource damagesrestoration agreements.192 <strong>BP</strong> <strong>Annual</strong> <strong>Report</strong> <strong>and</strong> <strong>Form</strong> <strong>20</strong>-F <strong>20</strong>11
Notes on financial statementshttp://www.bp.com/downloads/gom2. Significant event – Gulf of Mexico oil spill continued<strong>BP</strong> considers that it is not possible to measure reliably any other obligation in relation to Natural Resource Damages claims under OPA 90 or litigation forviolations of OPA 90 (other than as included within the proposed settlement). These items are therefore disclosed as contingent liabilities.The $<strong>20</strong>-billion trust fund described above is available to satisfy the OPA 90 claims <strong>and</strong> litigation referred to above, however claims administrationcosts associated with the existing GCCF organization are borne separately by <strong>BP</strong>. The administration costs of processing claims made under the proposedsettlement agreement with the PSC are expected to be paid from the trust fund. However, at this time, the provision for these costs is shown as payablefrom outside the trust fund as the proposed settlement agreement is subject to final written agreement <strong>and</strong> court approvals. <strong>BP</strong>’s rights <strong>and</strong> obligationsin relation to the trust fund have been recognized <strong>and</strong> $<strong>20</strong> billion, adjusted to take account of the time value of money, was charged to the incomestatement in <strong>20</strong>10.Other itemsProvisions at 31 December <strong>20</strong>11 also include amounts in relation to completing the oil spill response, <strong>BP</strong>’s commitment to a 10-year research programmein the Gulf of Mexico, estimated penalties for liability under Clean Water Act Section 311 <strong>and</strong> estimated legal fees. These are not covered by the trust fund.The provision does not reflect any amounts in relation to fines <strong>and</strong> penalties except for those relating to the Clean Water Act, as it is not possibleto estimate reliably either the amount or timing of such additional items. <strong>BP</strong> also considers that it is not possible to measure reliably any obligation inrelation to litigation other than as included within the proposed settlement with the PSC. These items are therefore disclosed as contingent liabilities.Further information on provisions is provided below <strong>and</strong> in Note 36. Further information on contingent liabilities is provided in Note 43.A provision has been recognized for estimated future expenditure relating to the incident, for items that can be measured reliably at this time,including the increased estimate of the cost of Individual <strong>and</strong> Business Claims as a result of the proposed settlement with the PSC as described above, inaccordance with <strong>BP</strong>’s accounting policy for provisions, as set out in Note 1.The total amount recognized as a provision during the year was $5,183 million, including $4,038 million for items covered by the trust fund <strong>and</strong>$1,145 million for other items (<strong>20</strong>10 $30,261 million, including $12,567 million for items covered by the trust fund <strong>and</strong> $17,694 million for other items).After deducting amounts utilized during the year totalling $6,<strong>20</strong>8 million, including payments from the trust fund of $3,707 million <strong>and</strong> payments madedirectly by <strong>BP</strong> of $2,501 million (<strong>20</strong>10 $13,935 million, including payments from the trust fund of $3,023 million <strong>and</strong> payments made directly by <strong>BP</strong> of$10,912 million), <strong>and</strong> after adjustments for discounting, the remaining provision as at 31 December <strong>20</strong>11 was $15,333 million (<strong>20</strong>10 $16,335 million).Movements in the provision are presented in the table below.$ million<strong>20</strong>11 <strong>20</strong>10At 1 January 16,335 –Increase in provision – items not covered by the trust fund 1,145 17,694Increase in provision – items covered by the trust fund 4,038 12,567Unwinding of discount 6 4Change in discount rate 17 5Utilization – paid by <strong>BP</strong> (2,501) (10,912)Utilization – paid by the trust fund (3,707) (3,023)At 31 December 15,333 16,335Of which – current 9,437 7,938Of which – non-current 5,896 8,397The total amounts that will ultimately be paid by <strong>BP</strong> in relation to all obligations relating to the incident are subject to significant uncertainty <strong>and</strong> the ultimateexposure <strong>and</strong> cost to <strong>BP</strong> will be dependent on many factors (including, with respect to certain of the obligations, any determination of <strong>BP</strong>’s culpability basedon any findings of negligence, gross negligence or wilful misconduct). Significant uncertainty exists in relation to the amount of claims that will becomepayable by <strong>BP</strong>, the amount of fines that will ultimately be levied on <strong>BP</strong>, the outcome of litigation <strong>and</strong> arbitration proceedings, the amount <strong>and</strong> timing ofpayments under any settlements, <strong>and</strong> any costs arising from any longer-term environmental consequences of the oil spill, which will also impact uponthe ultimate cost for <strong>BP</strong>. <strong>BP</strong> is ready to settle any remaining matters on fair <strong>and</strong> reasonable terms, but will continue to prepare vigorously for trial. Anysettlements which may be reached relating to the Deepwater Horizon oil spill could impact the amount <strong>and</strong> timing of any future payments. Although theprovision recognized is the current best reliable estimate of expenditures required to settle certain present obligations at the end of the reporting period,there are future expenditures for which it is not possible to measure the obligation reliably as noted above.Impact upon the group income statementThe group income statement for <strong>20</strong>11 includes a pre-tax credit of $3,742 million (<strong>20</strong>10 pre-tax charge of $40,935 million) in relation to the Gulf of Mexicooil spill. The amount charged to date comprises costs incurred up to 31 December <strong>20</strong>11, settlements agreed with our co-owners of the Macondo well<strong>and</strong> other third parties, estimated obligations for future costs that can be estimated reliably at this time <strong>and</strong> rights <strong>and</strong> obligations relating to the trust fund.Finance costs of $58 million (<strong>20</strong>10 $77 million) reflect the unwinding of the discount on the trust fund liability <strong>and</strong> provisions.The amount of the provision recognized during the year can be reconciled to the income statement amount as follows:$ million<strong>20</strong>11 <strong>20</strong>10Increase in provision 5,183 30,261Change in discount rate relating to provisions 17 5Costs charged directly to the income statement 512 3,339Trust fund liability – discounted – 19,580Change in discounting relating to trust fund liability 43 240Recognition of reimbursement asset (4,038) (12,567)Settlements credited to the income statement (5,517) –(Profit) loss before interest <strong>and</strong> taxation (3,800) 40,858Financial statementsCosts charged directly to the income statement relate to expenditure prior to the establishment of a provision at the end of the second quarter <strong>20</strong>10 <strong>and</strong>ongoing operating costs of the Gulf Coast Restoration Organization (GCRO). The accounting associated with the recognition of the trust fund liability <strong>and</strong>the expenditure which will be settled from the trust fund is described above.<strong>BP</strong> <strong>Annual</strong> <strong>Report</strong> <strong>and</strong> <strong>Form</strong> <strong>20</strong>-F <strong>20</strong>11 193
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Miscellaneous termsIn this document
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