Annual Report 2007 in PDF - Cairn Energy PLC
Annual Report 2007 in PDF - Cairn Energy PLC
Annual Report 2007 in PDF - Cairn Energy PLC
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RISk FACTORS<br />
CONTINUED<br />
The Group’s f<strong>in</strong>anc<strong>in</strong>g costs may be significantly affected by <strong>in</strong>terest rate volatility. The Group is also exposed to liquidity risks,<br />
<strong>in</strong>clud<strong>in</strong>g risks associated with ref<strong>in</strong>anc<strong>in</strong>g borrow<strong>in</strong>gs as they mature, the risk that borrow<strong>in</strong>g facilities are not available to draw<br />
down and the risk that f<strong>in</strong>ancial assets cannot readily be converted to cash without loss of value.<br />
Furthermore, the GoI currently operates certa<strong>in</strong> controls on currency exports which restrict the transfer from India of Rupees.<br />
While the policy and practice of the GoI has been to relax many of these controls and no restrictions are <strong>in</strong> place at present<br />
that would prevent free remittance of dividends from <strong>Cairn</strong> India to the Company, there is a risk that controls may be<br />
re-imposed <strong>in</strong> future.<br />
Regulation<br />
The Group may <strong>in</strong>cur material costs <strong>in</strong> comply<strong>in</strong>g with, or as a result of health, safety and environmental laws and regulations.<br />
The Group is subject to a broad range of health, safety and environmental laws and regulations that impose controls on, among<br />
other th<strong>in</strong>gs, the storage, handl<strong>in</strong>g and transportation of petroleum products, employee exposure to hazardous substances and<br />
other aspects of its operations.<br />
The Group may also <strong>in</strong>cur liabilities for environmental damage caused by acts or omissions of any third party contractors.<br />
Further, the adoption of new health, safety and environmental laws and regulations, new <strong>in</strong>terpretations of exist<strong>in</strong>g laws,<br />
<strong>in</strong>creased governmental enforcement of environmental laws or other developments <strong>in</strong> the future may require additional capital<br />
expenditures or result <strong>in</strong> the Group <strong>in</strong>curr<strong>in</strong>g additional operat<strong>in</strong>g expenses <strong>in</strong> order to ma<strong>in</strong>ta<strong>in</strong> current or future operations.<br />
These laws and regulations are <strong>in</strong>creas<strong>in</strong>gly str<strong>in</strong>gent and may <strong>in</strong> the future create substantial environmental compliance or<br />
remediation liabilities and costs.<br />
If the Group fails to meet environmental requirements or has a major accident or disaster, it may also be subject to<br />
adm<strong>in</strong>istrative, civil and crim<strong>in</strong>al proceed<strong>in</strong>gs by governmental authorities, as well as civil proceed<strong>in</strong>gs by environmental groups<br />
and other <strong>in</strong>dividuals, which could result <strong>in</strong> f<strong>in</strong>es, penalties and damages aga<strong>in</strong>st it as well as orders that could limit, halt or<br />
even cause closure of its operations, any of which could have material adverse effect on its bus<strong>in</strong>ess, results of operations and<br />
f<strong>in</strong>ancial condition.<br />
The <strong>Cairn</strong> India Group is also subject to limits as to how much it may borrow under both the Indian Companies Act 1956 and<br />
its Articles of Association. Indian law further restricts the ability of the Company to dispose of shares <strong>in</strong> <strong>Cairn</strong> India for certa<strong>in</strong><br />
periods of time.<br />
Capricorn is still wait<strong>in</strong>g for amendments to its PSCs <strong>in</strong> Blocks 5 and 10 <strong>in</strong> Bangladesh to be formalised <strong>in</strong> writ<strong>in</strong>g, further details<br />
of which are set out on page 20. Capricorn also currently has licence awards pend<strong>in</strong>g <strong>in</strong> Spa<strong>in</strong> and <strong>in</strong> Sicily, further details of<br />
which are set out on page 20.<br />
Market Place<br />
The Group’s results of operations and f<strong>in</strong>ancial condition are subject to fluctuations <strong>in</strong> oil and gas prices. The oil and natural<br />
gas <strong>in</strong>dustry is highly competitive. Due to, amongst other th<strong>in</strong>gs, the significant <strong>in</strong>creases <strong>in</strong> <strong>in</strong>ternational oil prices, the Group<br />
is subject to highly competitive market conditions for the resources required to conduct its ongo<strong>in</strong>g bus<strong>in</strong>ess, <strong>in</strong> particular<br />
with regard to the engagement of lead<strong>in</strong>g third party service providers and the purchase of capital equipment. Coupled<br />
with relatively limited resources and expertise <strong>in</strong> India, <strong>in</strong> particular <strong>in</strong> the area surround<strong>in</strong>g Rajasthan, this has resulted <strong>in</strong> a<br />
stra<strong>in</strong> on the specialist eng<strong>in</strong>eer<strong>in</strong>g and other services that <strong>Cairn</strong> India needs to develop its fields <strong>in</strong> Rajasthan. The rema<strong>in</strong><strong>in</strong>g<br />
development costs, as well as the current target of the second half of 2009 for first commercial production from the Mangala<br />
field, are subject to these risks of raw material and equipment shortages, or price <strong>in</strong>creases above those anticipated and an<br />
<strong>in</strong>ability to procure or design the eng<strong>in</strong>eer<strong>in</strong>g services required. Year on year cost escalation <strong>in</strong> the upstream oil and gas<br />
sectors is reported to have been <strong>in</strong> excess of 20% <strong>in</strong> US Dollar terms dur<strong>in</strong>g <strong>2007</strong>.<br />
Insurance<br />
Consistent with good <strong>in</strong>dustry practice, a comprehensive <strong>in</strong>surance programme is ma<strong>in</strong>ta<strong>in</strong>ed to mitigate significant losses.<br />
There is a risk, however, that the Group’s <strong>in</strong>surance policies may not be sufficient <strong>in</strong> cover<strong>in</strong>g all losses which it or any third<br />
parties may suffer. If the Group suffers an event for which it is not adequately <strong>in</strong>sured, there is a risk that this could have a<br />
material adverse effect on its bus<strong>in</strong>ess, results of operations and f<strong>in</strong>ancial condition. The programme is also subject to certa<strong>in</strong><br />
limits, deductibles and other terms and conditions.<br />
Human Resources<br />
The Group’s performance and its ability to mitigate those risk factors with<strong>in</strong> its control depend on the skills and efforts of its<br />
employees and management teams across the Group. Future success will depend to a large extent on the Group’s cont<strong>in</strong>ued<br />
ability to attract, reta<strong>in</strong> and motivate highly skilled and qualified personnel. Attract<strong>in</strong>g and reta<strong>in</strong><strong>in</strong>g top quality managerial talent<br />
has become a serious challenge fac<strong>in</strong>g companies <strong>in</strong> the oil and gas exploration and production sector. Failure to have or reta<strong>in</strong><br />
key positions and functions <strong>in</strong> place could have a material adverse effect on the Group’s bus<strong>in</strong>ess, results of operations and<br />
f<strong>in</strong>ancial condition.<br />
38 CAIRN ENERGY <strong>PLC</strong> ANNUAL REPORT <strong>2007</strong>