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Consolidated Report on the Payments Made to Governments
Section 267c of the Austrian Commercial Code
Section 267c of the Austrian Commercial Code (UGB) requires that large
undertakings and public interest entities that are active in the extractive
industry or logging of primary forests prepare the following consolidated report
on payments to governments. This section implements Chapter 10 of EU Accounting
Directive (2013/34/EU). The "Basis of preparation" paragraph provides
information to the reader about the contents of the report. This also includes
information on the type of payment for which disclosure is required and how OMV
has implemented the regulations in the preparation of the report.
Basis of preparation
Reporting entities
Under the requirements of the regulation, OMV Aktiengesellschaft is required to
prepare a consolidated report covering payments made to governments for each
financial year in relation to extractive activities by itself and any subsidiary
undertakings included in the consolidated Group financial statements.
Activities within the scope of the report
Payments made by the OMV Group (hereafter OMV)to governments that arose from
exploration, prospection, discovery, development and extraction of minerals,
oils and natural gas deposits or other materials within extractive activities
are presented in this report.
Government
A "government" is defined as any national, regional or local authority of a
country and includes a department agency or entity undertaking that is
controlled by the government authority and includes national oil companies.
In cases where a state-owned entity engages in activities outside of its
designated home jurisdiction,then it is not deemed to be a reportable
governmental body for these purposes and thus payments made to such an entity in
these circumstances are not reportable.
Project definition
The regulation also requires payments to be reported on a "project" basis as
well as on a government and governmental body basis. A project is defined as the
operational activities that are governed by a single contract, license, lease,
concession or similar legal agreement and form the basis for payment liabilities
to the government. Where these agreements as per the aforementioned definition
are substantially interconnected, these agreements are treated for the purpose
of these regulations as a single project.
"Substantially interconnected" is defined as a set of operationally and
geographically integrated contracts, licenses, leases or concessions or related
agreements with substantially similar terms that are signed with a government,
giving rise to paymentl iabilities. Such agreements can be governed by a single
contract, joint venture agreement, production sharing agreement or other
overarching legal agreement.
There may be instances - for example, corporate income taxes, where it is not
possible to attribute the payment to a single project and therefore these
payments are shown at the country level.
Cash and payments in kind
In accordance with the regulation, payments have to be reported on a cash basis.
This means that they are reported in the period in which they are paid and not
in the period in which they are accounted for on an accruals basis.
Refunds are also reported in the period in which they are received and will
either be offset against payments made in the period or be shown as negative
amounts in the report.
Payments in kind made to a government are converted to an equivalent cash value
based on the most appropriate and relevant valuation method for each payment
type. This can be at cost or market value and an explanation is provided in the
report to help explain the valuation method.Where applicable, the related
volumes are also included in the report.
Payment reporting methodology
The regulations require that payments are to be reported where they are made to
governments by OMV. It is required that the report reflect the substance of each
transaction and activity. Based on these requirements, OMV has considered its
reporting obligation as:
- Where OMV makes a payment directly to the government, these payments will be
reported in full, irrespective of whether this is made i n the sole capacity of
OMV or in OMV's capacity as the operator of a joint operation.
-In cases where OMV is a member of a joint operation for which the operator is a
state-owned entity (i.e. a government), payments made to that state-owned entity
will be disclosed where it is possible to identify the reportable payment from
other cost recovery items.
- For host government production entitlements,the terms of the agreement have to
be considered;for the purpose of reporting in this report, OMV will disclose
host government entitlements in their entirety where it is the operator.
Materiality
Payments made as a single payment or a series of related payments that are below
EUR 100,000 within a financial year are excluded from this report.
Reporting currency
Payments made in currencies other than euros are translated for the purposes of
this report at the average rate of the reporting period.
Payment types disclosed
Production entitlements
Under production sharing agreements (PSAs), the host government is entitled to a
share of the oil and gas produced and these entitlements are often paid in kind.
The report will show both the value and volume of the government's production
entitlement for the relevant period in barrels of oil equivalent(boe).
The government share of any production entitlement will also include any
entitlements arising from an interest held by a state-owned entity as an
investor in projects within its sovereign jurisdiction.Production entitlements
arising from activitie sor interests outside of a state-owned entity's sovereign
jurisdiction are excluded.
Taxes
Taxes levied on income, production or profits of companies are reported. Refunds
will be netted against payments and shown accordingly. Consumption taxes,
personal income taxes, sales taxes,property taxes and environmental taxes are
not reported under the regulations. Although there is a tax group in place, the
reported corporate income taxes for Austria relate entirely to the extractive
activities in Austria of OMV's subsidiaries, with no amounts being reported
relating to OMV's non-extractive activities in Austria.
Royalties
Royalties relating to the extraction of oil, gas and minerals paid to a
government are to be disclosed.Where royalties are paid in kind, the value and
volume are reported.
Dividends
In accordance with the regulations, dividends are reported when paid to a
government in lieu of production entitlements or royalties. Dividends that are
paid to a government as an ordinary shareholder are not reported, as long as the
dividends are paid on the same terms as that of other shareholders.
For the year that ended December 31, 2017, OMV had no such reportable dividend
payments to agovernment.
Bonuses
Bonuses include signature, discovery and production bonuses in each case to the
extent paid in relation to the relevant activities.
Fees
These include license fees, rental fees, entry fees and all other payments that
are paid in consideration for access to the area where extractive activities are
performed.
The report excludes fees paid to a government that are not specifically related
to extractive activities or access to extractive resources. In addition payments
paid in return for services provided by a government are also excluded.
Infrastructure improvements
The report includes payments made by OMV for infrastructural improvements, such
as the building of a road or bridge that serves the community,irrespective of
whether OMV pays the amounts to non-government entities. These are reported in
the period during which the infrastructure is made available for use by the
local community.
Payments overview
The overview table below shows the relevant payments to governments that were
made by OMV inthe year that ended December 31, 2017.
Of the seven payment types that are required by the Austrian regulations to be
reported upon, OMV did not pay any dividends, production entitlements,bonuses or
infrastructure improvements that met the defined accounting directive definition
and therefore these categories are not shown.
Payments overview
In EUR 1,000
Taxes Royalties Fees Total
Country
Austria 1,264 69,993 71,257
Kazakhstan 13,759 949 14,708
Madagascar 292 292
Norway 9,718 9,718
New Zealand 10,184 31,435 112 41,731
Pakistan 5,177 3,899 863 9,939
Romania 146,122 123,836 13,428 283,386
Tunisia 13,376 5,840 19,216
Total 199,600 235,003 15,644 450,247
No payments have been reported for Libya for the year 2017 as OMV was not the
operator.
On January 13, 2017, OMV divested its interest in OMV (U.K.) Limited and there
were no material payments in 2017 prior to this date. On November 30, 2017, OMV
completed the acquisition of an interest in the Yuzhno Russkoye natural gas
field located in Western Siberia from Uniper SE.
On November 30, 2017, OMV completed the acquisition of an interest in the Yuzhno
Russkoye natural gas field located in Western Siberia from Uniper SE.
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